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072583 CC Reg AgP .' ~... ........... ........- _.- . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 25, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 7:30 PM AGE N D A CALL TO ORDER: A. Pledge of Allegiance and Prayer: B. Roll call Stover ,Mayor Rascop Haugen Shaw 1. APPROVAL OF MINUTES: A. Regular Council Meeting - July 11, 1983 [attachment #1] 2. CITIZEN'S FORUM: A. Mr. Jim Hauptman [attachment #2] B. 3. 8:00 PM - PUBLIC HEARING: REQUEST FOR VARIANCE - EXPANSION OF NONCONFORMING STRUCTURE: Location: Applicant: 25835 Wild Rose Lane Mr. Donald Koch [attachment #3] 4. REQUEST FOR VARIANCE - TO EXPAND A NON-CONFORMING STRUCTURE: Location: 20460 Radisson Inn Road Applicants: Ojars and Mara Arsts [attachment #4] 5. REVIEW OF PROPOSED ORDINANCES: A. "An Ordinance amending Ordinance No. 53" - first reading [attachment #5a] B. "An Ordinance amending Ordinance No. 77" - first reading [attachment #5b] .. . " . REGULAR COUNCIL MEETING MONDAY, JULY 25, 1983 page 2 REVIEW OF PROPOSED ORDINANCES continued . C. "An Ordinance granting Minnegasco a non-exclusive Franchise....." - second reading [attachment #5c] 7. PARK COMMISSION REPORT: A. B. 8. ATTORNEY'S REPORT: A. Storm Water Problems on Ivy Lane and on Manor Road. B. 9. ADMINISTRATIVE REPORT: A. Proposed meeting dates: 1. Zoning Ordinance Review 2. Yearly review of employee compensation B. Informational Items. 10. MAYORS REPORT: A. B. 11. COUNCIL'S REPORT: A. B. 12. APPROVAL OF CLAIMS AND ADJOURNMENT: .' J . i '4",0;.. '. '\l. .... .., .'. 'C/.. ". ~ .....' , cOUNCIL CHAMBERS 5755 COUNTRY CLUB RD SHOREWOOD, MN 55331 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 11, 1983 M I NUT E S CALL TO ORDER: The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 PM, Monday, July 11, 1983, in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER: The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilmembers Shaw, Stover and Haugen Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer and Clerk Kennelly APPROVAL OF MINUTES: Haugen moved, seconded by Stover to approve the minutes of the Council meeting of June 27th, 1983 as corrected in the official minute book. Motion carried unanimously. CITIZEN'S FORUM: Sid Verdon - 28210 Woodside Road was present to request the Council permission to begin construction of a deck onto a presently non- conforming structure. The issuance of this permit requires a variance request by public hearing. Because of the timing involved Mr. Verdon would like the Council to allow him to start construction prior to the public hearing. The Council decided to allow the project to begin without issuance of the building permit, on the condition that if the Council does not approve the variance request at the public hearing, that Mr. Verdon will then remove any and all portions of the newly constructed deck. Mr. Verdon agreed with the Council decision. Ojars Arsts - 20460 Radisson Inn Road presented his revised plans for his addition to a non-conforming structure at above address. Council tabled this request until the July 25, 1983 Council meeting to allow time for review. ACCOMENDATIONS FOR POLICE OFFICERS: Lynn Zumbrunnen presented a $100.00 Savings Bond form WSSI to South Lake Minnetonka Public Safety officers - Detective Nieling, Cpl. Siegfried, and Officers Cobb and Freng in recognition of meritorious service. The officers donated the $100.00 bond back to the Crime Fund. I . . REGULAR COUNCIL MEETING MON., JULY 11, 1983 page two 8:00 PUBLIC HEARING - VARIANCE REQUEST Seaman Knapp-2~0~5 Boulder Bridge Drive Mr. Knapp and Tom Wartman requested a set-back variance for a swim- ming pool deck and gazebo. Public portion of the hearing was closed at 8:10 PM with no public comment. Council directed comments to pool decking only, the request for the gazebo was not made for this public hearing. RESOLUTION NO. 51-83 Stover moved, seconded by Haugen, to approve the variance needed for the concrete pool decking. Motion carried unanimously. Rascop recommended an amendment to the Ordinance be considered to allow a lesser setback for pool and tennis courts. SWIMMING POOL REQUEST: Robert Fayfield - 6005 Christmas Lake Road Mr. Fayfield requested Council approval to install a swimming pool at his residence. No variances are needed. Shaw moved, seconded by Stover, to approve the swimming pool request as submitted. 4 ayes. PLANNING COMMISSION REPORT: Shaw reported on' the Commission's review of the Seaman Knapp variance request. PARK COMMISSION REPORT: Haugen reported on the progress on the plans for the Festival of Parks. The Commission has weeded out some activities and are concentrating on specific events. Special Meeting is set for July 11, 1983 at Badger Recreation Building for further discussion of the Festival. Stover reported on the discussion of Park Fund Fees/Land Acquisition. No land acquisition was requested from the Brooks Subdivision. ATTORNEY'S REPORT: Attorney Larson reported on the changes in the Dram Shop requirements. The state has increased the amount of sales from $10,000 to $20,000 before requiring Dram Shop coverage. The amount of sale can be verified from an affidavit of last years total sales. Shaw indicated that this kind of coverage can be obtained for $96.00 - $400.00 depending upon the insurance group. Council felt the Ordinance requiring coverage of Dram Shop insurance should stay in effect. . . REGULAR COUNCIL MEETING MON.,JULY 11, 1983 page three ENGINEER'S REPORT: Water Extension - Smithtown Road Jim Norton reviewed the bids cost received, to water the 2 properties located at 23625 and 23675 Smithtown Road. The bids ranged from $18,240~00 to $20,727. The pipe running across the Dutcher property can not be re-assessed. Bids came in higher than expected. Council directed the Administrator to check on the amount of CDBG Fund available for the Shaddrick assessment charges. Council also discussed where funds might come from in the City budget to partially pay for this project. Administrator Uhrhammer informed the Council that the current Ordinance does not provide for fund transfers for this type of water project. The Attorney and Administrator will review this Ordinance and return to the Council with recommended change s . "Final Water Report" Engineer Norton recommended the Council direct him to develop a report to provide equlibrium in a total water system by using the Hardy Cross System of Flow Distribution. This analysis will give the City an update on what would be necessary for a "Final Water Report", at the cost of $2,500.00 to the City. Motion to approve this expenditure from the water fund for this report was make by Haugen, seconded Motion carried unanimously. ADMINISTRATIVE REPORT: Financial Statements Ev Beck, finance director, reviewed the percentages of expenditure in each fund for the Council. Council would like this format to continue. Policy Setting RESOLUTION NO. 52-83 Council reviewed the final draft of the Resolution setting City policies. Haugen moved, seconded by Stover, adopting the Policy setting Resolution. Motion carried unanimously. Park Dedication Fee Ordinance The Council reviewed the Ordinance proposing fees for the park dedication fund. Council discussed various manners in charging fees to different types of units and different zoning areas. Haugen moved, seconded by Shaw, to approve the first reading to amend Ordinance 79. Motion carried unanimously. . . REGULAR COUNCIL MEETING MON., JULY 11, 1983 page four ADMINISTRATIVE REPORT continued Amesbury Requests A letter from Charles Oswald of the Amesbury Association was received) requesting the City to pay for the painting of the pumphouse& fence. Rascop suggested that the Association should come and talk to the Council directly. Council Appointment Letters Council set a deadline of July 22, 1983 at 5:00 PM for receiving letters from interested residents for the vacated Council position. Interviews will be held on July 25, 1983 starting at 5:00 PM. The Administrator will notify the local newspapers. FESTIVAL OF PARKS REPORT: Carol Chapman reviewed the current status of the Festival of Parks, events planned are: Medallion Hunt Fishing Contest Street Dance 6:00 - 9:30 COUNCIL REPORTS: Food and Beer Sales etc. Haugen informed the Council of her new part-time appointment to the Rudy Boschwitz staff. APPROVAL OF CLAIMS AND ADJOURNMENT: Moved by Stover, seconded by Shaw, to approve claims for payment to be followed by adjournment at 10:40 PM. Motion carried unanimously. General Fund [acct # 00166] Checks 27353 - 27419 = $ 63,909.99 Liquor Fund [acct # 00174] Checks 1171 - 1230 = $ 41,447.19 Respectfully Submitted, Mayor Sandra L. Kennelly SK: sn . . GENERAL FUND - BILLS PAID SINCE JULY 7, 1983 Check# TO WHOM PAID 27353 27354 27355 27356 27357 27358 27359 27360 27361 27362 27363 27364 27365 27366 27367 27368 27369 27370 27371 27372 27373 273 74 27375 27376 27377 27378 27379 27380 27381 27382 27383 27384 27385 27386 27387 27388 27389 27390 27391 27392 27393 27394 27395 27396 27397 27398 27399 27400 27401 27402 27403 27404 27405 Evelyn Beck. Roger Day Roberta Dybvik Sandra Kennelly Brad Nielsen Robert Quaas Dan Randall Doug Uhrhammer The U.S. Postmaster Kathy West Sue Niccum Don Zdrazil Minnetonka State Bank Metropolitan Waste SLMPSD City of Mound City of Excelsior Harry Niemela State Treasurer - PERA Glen Erickson Jan Haugen Pro-Audio Recordings City of Tonka Bay Municipal & Private Sere Minnetonka State Bank AFSCME AFSCME Key Leasing, INc Commissioner of Revenue Bill Clark Standard Oil Bryan Rock Prod. Chaska Parts Service Copy Duplicating Prod. Inc. W. W. Grainger Inc. Hance Hdwr. Jordon Ford, Inc. Gary Larson, P.A. Leef Bros. Long Lake Ford Tractor Midwest Asphalt Wm Mueller & Sons A & G Sales Midwest Sales Minnegasco International Conf. of Bldg. NSP Quality Quick Printing Satellite Services Sullivan Sere Inc. Sun News PURPOSE Salary " " " VOID " " " " special newsletters-Leonardo salary " " FWH-June6 Sewer Service Charges Share of July 1983 budget 3rd quarter Fire Contract 3rd quarter Fire Contract VOID Share of escalation of taxes pd PERA International Conference of Bldg. League Convention audio tapes - Council Meter Usage - Water - 2nd ~ animal control refund to receipt #2831 (Variance request May and June dues July dues lease payment fuel tax - June 83 diesel fuel/solvent Manor Park Field mix shop supplies drum usage red fluorescent paint parks/shop/sewer supplies parts-Truck #23 legal fees city hall sere & uniforms parts for mower road material Binder rock - Manor Park Crescent Beach Ladder garage/ Badger / Amesbury membership & publications electricity Special newsletter-Leonardo resign Parks/Beach Amesbury West public hearing notices AMOUNT $ 561. 57 594.04 384.59 508.37 -0- 618.73 726.34 563.29 703.02 145.73 350.86 354.28 628.38 1,133.60 15,776.31 18,750.00 667.01 8,011.25 -0- 348.25 717.17 15.00 71. 61 23.00 286.04 219 . 50, 131.88 95.60 71. 70 223.30 128.80 974.37 592.77 37.58 54.00 38.76 210.91 60.30 3,187.60 165.15 134.22 902.99 25.10 62.50 58.80 42.70 130.00 920.34 120.04 493.00 220.00 35.89 . . GENERAL FUND - BILLS PAID SINCE JULY 7, 1983 page two Check # TO WHOM PAID 27406 27407 27408 27409 27410 27411 27412 27413 27414 27415 27416 27417 27418 27419 Tonka Auto Body Warner Hdwr. Ziegler Inc. Tom Creighton Assoc of Metro Municipalities Doug Uhrhammer Virginia Rode Tex-sota Construction Co. Mn Mun. Clk Institute Mary Kennelly Robert Rascop Jan Haugen Tad Shaw Kristi Stover PURPOSE AMOUNT " " " 17 5 . 90 27.32 1,181.01 11.00 10.00 16.83 51.19 $473= 473.00 220.00 17.50 150.00 100.00 100.00 100.00 $ 'l supplies-Beach/sewer/misc. repair engine truck #1 Cable-Luncheon meeting-consultant ser. Seminar-Levy Limits/Gov. Aid/Doug & Ev Mileage- Election-first ck. lost fees-Project #405 (83.02)($900 minus MCFOA conf. fee clean city hall mayor salary Council salary - July " " " $ 63,909.99 snc:r."L~~'..,-----.-..:..... Approved bTI 51,!,.. "Ur""l) r-;!1 ". -, 'j ,', ,.....! <-,;', ll..,rb.VGJU 11.!.1:'~<JG ~;."';;.~~d_'_~" AMOUNT <;) ________.___.n.__ '-. DATE ._.....-~.~-~.~'-....-.- "--....__.. ,"__,0 ....~_..'_.'- _, ..., ...~.",_# . . LIQUOR FUND - BILLS PAID SINCE JULY 1, 1983 Check # TO WHOM PAID 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 State Treasurer Ryan Properties Harry Niemela MBA Central Life Group Ins. Commissioner of Revenue Johnson Bros Griggs Cooper Prior Wine Co. Ed Phillips & Sons Old Peoria Village Sanitation P Q & C Automation Mark VII Sales Quality Wine Co. Harry Feichtinger Russell Marron Don Tharlson Stephen Theis Sue Culver Pat Pfeffer Mary Skraba Mark Wilson Dean Young Minnetonka State Bank State Treasurer Minnetonka State Bank Griggs Cooper & co Leroy Signs Alarm Servic es Johnson Bros Liquor Twin City Wine Co Ed Phillips & Sons Ed Phillips & Sons Old Peoria Thorpe Dist. Minter Weisman Co. NSP Minnegasco Municipal Liquor Stores Assn. City of Shorewood Commissioner of Taxation Griggs Cooper Johnson Bros Twin City Wine Intercontinental Pkg. Co. Eagle Wine Quality Wine Old Peoria Company Day Distrib. Co. A. J. Ogle Co. Inc. Pepsi PURPOSE Soc. Sec. Fund July rent July rent July Premium July Premium SWH taxes - June Wine Liquor Wine Liquor &.Wine VOID Liquor & Wine sanitation misc. purchases beer Wine salary " " " " " " " " AMOUNT 455.60 2,540.83 882.50 10.85 577 .82 327.00 193.25 3,516.98 360.05 1,334.13 -0- 863.05 54.00 120.00 1,969.50 535.62 630.78 426.40 160.00 257.12 98.00 96.25 11 9 . 00 261.06 323.12 FWH taxes VOID PERA display sign/roof/Shwd. Shop. Ctr. Liquor Renovate sign Alarm service Wine wine Liquor Wine Liquor June beer cigarette/mise electricity Fuel 83-34 Annual membership dues Niemala taxes Sales tax/stores I & II Liquor VOID Liquor Wine Wine wine wine VOID Liquor beer - June beer & misc. pop 328.58 250.00 2,899.51 280.00 234.12 876.35 321.34 634.57 548.41 1,408.01 5,679.15 834.72 314.93 19.39 125.00 348.25 2,078.54 926.04 -0- 269.79 331.17 437.88 576.94 347.30 -0- 829.32 1,853.55 1,271.95 350.25 III 1 " . . . LIQUOR FUND - BILLS PAID SINCE JULY 1, 1983 Check # TO WHOM PAID PURPOSE 1227 1228 1229 1230 Coco cola Frito-lay Royal Crown G & K Services pop pop & misc. pop laundry service a --""---.----. ~ Approv~d b~ .__:1 I Sh ] .,....1".. '"' 1" r...., "1'1 crewotJu 'II"'.L.Jv uU'.'.~u t AMOUNT :s ----------.--...-. -------.--.-----.--.--. ,-.-. . ----------. DATE -' ~_~_-.---...--...41'..---.." AMOUNT $ 535.30 66.82 38.30 36.20 $ 41,447.19 . . "t . . d~ lX , ~ Associated Brokers C.......rcl.. a Invest..... R..I Est.t. Servlc.. 760 SOUTHGATE OFFICE PlAZA. BLOOMINGTON. MN 55437 612/831.059~ -.;, , JUL 1 9 1983 '___ J ha.n4 dE..J1\JEnul bt.f gum Hcw.pt m.QJT1. Hr. Doua Uhrhammer Clty Admlnlatrator Clty of Shorewood ae: Two-famlly Dwelllt~ at 20365-67 Excelsior Boulevard Dear Mr. Uhrhammer I have been notlfled o~ a bl1l for atreet repalr in front o~ the above-referenced dwelllng, ln the amount ot 4488.13. At thls time I reque.t that the dlfference between thls amount and tr.& .1,000 1n escrow montes the clty 18 holdlng, be returned to me. At thla: tlme, I ale 0 requeat I be placed on the agenda for th. the July 25th Councll Meeting to diapute the above mentioned b11ling . Blnce I have three wrltten blde from the private sector, rang1ng trom $60 to 1150 for thls repalr, I teel the Clty'a bl11 for 1488.13, ln exceea ot three tlme. the higheat bl~ to be much too hlgh, and would 11ke to have an impartlal patth review thls matter. )1. cere~1 ~ d. 7 88 B. H tman P. s. I~ta no wonder government. are going broke~ c:( . . CITY OF SHOREWOOD MAYOR Robert RascCJP COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Krist; Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 20 July 1983 RE: RESPONSE TO LETTER FROM JIM HAUPTMAN, RECEIVED 19 JUNE 1983 FILENO.: 404 (general) In response to the above-mentioned letter, we have compiled the following items relative to his dispute over the bill for street repair: Exhibit Item A1 Formal Complaint (dated 1 Mar 83) re: damaged lawn A2 Memo to Jim Hauptman (dated 3 Mar 83) re: requesting repair of damaged lawn B Inspection Notice (dated 2 May 83) re: first written request for revised driveway plan C Inspection Notice (dated 27 May 83) re: attempted final inspection, building locked D Formal Complaint (dated 8 June 83) re: street, driveway, trash and landscaping E Formal Complaint (dated 18 June 83) re: street repair F Certified Letter to Jim Hauptman with receipts (dated 28 June 83) re: items to be completed, deadline 11 June 83 G Letter to Jim Hauptman (dated 20 July 83) re: refund check and itemized account of expen~es . . Mayor and City Council 20 July 1983 Page Two EXHIBIT ITEM H1 Receipt for grass seed $9.88 H2 Receipt for bituminous $79.92 H3 Note from Bob Quaas re: equipment and labor There are no receipts for rock or black dirt since these were taken from City stockpiles. BJN:kw cc: Doug Uhrhammer Gary Larson Don Zdrazil Jim Hauptman . ..- .. . . .. .. . .,;g ~ '. .... cauunrr AGAINST. ADDRESS. ...~~. ~ (. ~. 'j ';;;:~~,i~i .. .: ~4- '"$.. " -<~~r ..~'.'"" ;. 'i."f"~il 'i"'H1~f.-~ ~ '\~1~~1' .. ; < -.';:".." ;:~;,; ~~c:-~r-.::....~~ .' ... -<).~ .;' ~ ~~ ... "1..:,;.,:'" .. (v\f". n:uu-k.-LL LoY11f\a.IYloe.d ~o..t (pV\tkvu.LH-O(") ~C-~ frcYYl o.u-O~ ~ ~.UJ- wu-e.,. t-e..cur~ up "uS ~yJ- ~. L~ ~ ~<.d-). · 00 . ACTION TAKEth CITIZEN ~PLAINIt<<it~ ;;C3 0 ~..'-. '-.." :' FOLLOW UP : CALL TAXEH BYr ~ Wo CALL KUliMED ro:_~~ . "" ~, :. :,'-,' O' DATS 3/d-/~o ., t . . o . i< ..... . .> , .r~k~b~'~-- .~;_._- . . .-) . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw A.exdnder Leonardo Robert Gallne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOCD. MINNESOTA 55331 · 1612t 474.3236 TO: J 1m Hauptman FRCM: Brad Nielsen DATE: 3 March 1983 RE: Damaged Lawn - 20370 Excelsior Blvd. FIlE NO.: 404 (general) As per our phone conversation this morning, construction vehicles fran your project at 20365 Excelsior Boulevard have damaged the lawn across the street. 'This is to request that the lawn be restored to its pre- vious coniition aro that construction vehicles be parked only on the east side of the street. Obviously, the lawn cannot be restored until weather permits, however, it should be done prior to issuance of a cer- tificate of occupancy. 'Thank you in advance for your attention to this matter. cc: Dickson J. Merkle 20370 Excelsior Boulevard ~h~b~t ' Az. nit on Lake Minnetonka's South Shore . . CITY OF SHOREWOOD TIME ADDR ESS OWNER I/o' ~1J It ,., I': tJ.;.. ~. CALLED.IN SCHEDULED COMPLETED INSPECTION NOTICE PERMIT NO. E, FOOTING "" FRAMING ~ 0 INSULATION t- 0 WALL BD. ll.i 0 FINAL L.l.. 0 PROGRESS ~ 0 DEMOL ~ 0 FIRE PREVo ~ <;( ::t t- ...... ~ ::t o PLUMBING RI o MECHANICAL o WATER HOOKUP o METER SET/TURN ON o SEWER HOOKUP o SITE INSPECTION o EXCAV/GRADING/FILLlNG o LAKESHORE/WETLANDS o LICENSING o COMPLAINT r:J FOLLOW.UP o COMMENTS: ~ -'IA-z'~;~~~:Yj7. 1:,~.A~~~7- o c..., ex: ll.i Cl.. ex: ::::> o :>.. ex: o L.l.. ll.i ex: <;( ~ ~ ll.i ~ ll.i ex: ::5 o ll.i ex: ll.i ~ o u ~l~r- ~4~~~ -! j..~1A4 ~U- :] --7-- ~:f..<"..;;J L. ~, - ~.~..... ;/A ~ L. _. J...r '-'(1..l/ - -4,.. _1 ~ ;~ o WORK SATISFACTORY PROCEED 0 PHOTO TAKEN o CORRECT WORK & PROCEED XCORRECT WORK CALL FOR REINSPECTION BEFORE COVERING o CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN. o STOP ORDER POSTED. CALL INSPECTOR. o INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. Please call for the next inspection 24 hours in advance. Owner/Contr. on site Inspector ~ ~ /)~~/"'I ~ ~ White COpy/lnspector's File Gold Copy/Site Notice ~h',b,t e> . . CITY OF SHOREWOOD DATE TIME CALLED.IN INSPECTION NOTICE PERMIT NO. ~~:~~~~~::~ ADDRESS 'O!'~-(. 7 t*,(.f~" . tllf..',/,.!;,...."""" ~ CONTR. o PLUMBING RI o MECHANICAL o WATER HOOKUP o METER SET/TURN ON o SEWER HOOKUP / I: 5"6 OWNE R o FOOTING o FRAMING -. 0 INSULATION t 0 WALL BD. l.i.i 0 FINAL 1..1.. 0 PROGRESS ~ 0 DEMOL. ~ 0 FIRE PREVo <: 'C{ :t: ~ ..,J ~ :t: ..,J ~ o CI) ex: l.i.i Q" ex: ~ o ).. ex: o 1..1.. I.U ex: <;{ ~ <: l.i.i ~ l.i.i ex: ::; <:I l.i.i CC l.i.i ~ o ~ o SITE INSPECTION o EXCAV/GRADING/FILLlNG o LAKESHORE/WETlANDS o LICENSING o COMPLAINT o FOllOW.UP o COMM ENTS: --.Call b , o WORK SATISFACTORY PROCEED o CORRECT WORK & PROCEED o CORRECT WORK. CAll FOR REINSPECTION BEFORE COVERING o CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR Will RETURN. ~TOP ORDER POSTED. CAll INSPECTOR /,INSPECTION REQUIRED. CAll TO ARRANGE ACCESS. Please call for the next inspection 24 hours in advance. o PHOTO TAKEN Owner/Contr. on site Inspector ~a,dJ} 1;"'t- ,/ White Copyllnspector's File Gold Copy/Site Notice Ei<ht. b..t C '<'1':;-~1" ~:",:;"Iw<"i!,",''\~'"'''''' . '.... . .. ... t '~') . ~r.~,15'~ · . .".' tcim.AIN'I' POIII." .". ~; '~"'~~;,~4JifliJ~::',~~~N~ ~ ~ r. .." .~ -,' Y..:';;'~ ~. . .. :~ /~~~':.:'~~:;~ . ~ .' # ..... '-~ .., :.;.", .. ..,,,.. ., '4'~~1'" .;,..~j .';e. ~fl" "'iuA~:~~;;;'~C;;Y" ,'~'~~'~ ,,' " ~~1:i,~.':.".",;"lt;;~, '. ~ "4ftj7~u:!:;;~~~f: ,:~/:7 ,.j~;l~.,~j' H'~~''J? '~~"}~'f~~ii~~~'?t:;;~fi;2}~gl,:.8.h:. . f, t~ .., :-~~ . ~ -:..:{,~~, . &.':.;, :}. ,ti .. >..; /~-";P';7:~~~0~~~~};:~'-:' : .. ..1" . ~ . . . .. . i:"'~ .: ... . .. .,. ':_:"i-'';~:' \' ~. tc::MPLAINT' FOrM .' · '4 ~.'{:.': .~.'ii- .~'~~'~7:"~:':~~f~;:" < .' " " ~ ':t:,.. ';',:. :" - . ... . , .". ,~~~1,:' ~1\.~fti~~~;.' .", ca"1'LAIN'r ACAINSTr"": .'~.' " ., -:"'. -.' ....:;~ . ~.~€~ ..~..1'~ . j -.'!_':" . . CITY OF SHOREWOOD MAYOA Robert Rascop COUNCIL lan Haugen Tad Shaw Alexande' Leonardo Krist; Stover ADMINISTRATOR Doug Uhrhammet' 5755 COUNTRY CLUB ROAD . SHOREWOOO. MINNESOTA 55331 . (6121 474-3236 28 June 83 Mr. Jim Hauptman 20365 Excelsior Boulevard Shorewood, MN 55331 Re: Two-family Dwelling at 20365-61 Excelsior Boulevard Dear Mr. Hauptman: A number of items have yet to be completed relative to the above-referenced project. Since verbal conversations and agreements made by you and your contractor, Mike McCormick~ have proven unsuccessful, the City Attorney has advised us to inform you of the following: 1. Excelsior Boulevard has not been repaired subsequent to its being torn up for connection of the property to the City sewer system. The street must be restored to its former condition, including leveling and resod- ding of the damaged boulevard across the street. If this is not completed prior to 11 July 1983, the Public Works Department will be directed to complete the work. Any cost incurred by the City will be deducted from your $1000. escrow deposit. 2. Due to the placement of your well, the site does not comply with the parking layout shown in your original plans. A new site plan showing a revised parking arrangement must be submitted by 5 July 1983. Once approved, the driveway must be completed by 11 July 1983. 3. You must make arrangements for a final inspection of the building. This should be done prior to 15 July 1983. Preferrably, this could be accomplished in conjunction with the driveway inspection. u~., b., to, r . . . . Considering that these items than once. the deadlines are Failure to comply with items the matter being turned ove~ criminal prosecution. have each been discussed more not considered unreasonable. 2 and 1 above will result in to the City Attorney for If you have any questions. do not hesitate to contact me at 474-3236. Sincerely. 1:::::;?1!.1kJ City p~er/Building Official 1/./ .' " .':. !~-~.__..._- - Oou~las Uhrhammer Ci~y Administrator BJN:sn cc: Gary Larson "r'.' - . ~.,.,,,:-,, ."'"'2~~~:'7;!t...; ;)l . SENDER: Complete items 1, 2. 3, and 4. . i Add your address in the "RETURN TO" space ~ onrev~ ~ (CONSULT POSTMASTER FOR FEES) i 1..1h~ing service is requested (check one). ""-Show to wholll 8Dd date delivered ................... ~ o Show to whom, date, and address or delivery_ --I 2 0 RESTRICTED DELIVERY --I' . (Th~ restricral ~ I_ is cltatpd ill addiIiDrt .. lite relUnr recGpt ja) TOTAL --~,,;,,~. \~;""\ oJ ~3"~~r ." ~ . SENDER: Complete items 1, 2. 3, and .... ~ Add your address in the "RETURN TO" space ~ on reverse. . ~ (CONSULT POSTMASTER FOR FEES):" i 1. The following service iI requested (check one); ,_.-. ~w to whom met date delivered...........,...;.::': ~~ o Show to whom, date, and address of deli~ery.. _~ 2.0 RESTRICTED DELIVERY -J (Th~ restricta/ d~liW!", IH is charged in addition 10 tIw retflnr rectipt 1<<.) TOTAL L- 3. ART1CLE ADOAESSED ~ Ha.LL lilt. "" rYll't.Jl. ~ ~ ~at5Lm~ BEd. i snore.w<%lfl, M~ 55331 :Il "' n "' } - 4. TYPE C# SERVICE: ~ DINSUAm M~I"'- DeaD D BPRESS IIAIL (Always obbIIn IlgMture of addressee or agent). I have received the article described above. o dd . Authorized .,ent 4' . ARTICLE NUMBER J ~q "'S!.. I J9 i L :Il ~ I n "' 7. UIIA8LE TO DIUVER 8ECAlJe.' i ;) . - <' '" , ... ... - - ; . . CITY OF- SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 5533t . (612) 474.3238' MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRA TOA Doug Uhrhammer 20 July 1983 James B. Hauptman Associated Brokers 760 Southgate Office Plaza Bloomington, MN 55437 Re: Two-family dwelling at 20365-67 Excelsior Boulevard Dear Mr. Hauptman: This is to document OUI"' phone conversation yesterday regarding. repair of the street and boulevard located at the above-refer- enced address. Since I was unable to reach you on Wednesday, 13 July 1983, I directed the Public Works Dept. to make the repairs to the street and boulevard. Following is an itemized account of materials, equipment and labor necessary to do the work: Materials - 1" minus rock, I ton - bituminous, 4 tons - Black dirt, 2 yards - grass seed, 4 pounds $ 8.00 79.92 17.00 9.88 subtotal $ 114.80 Equipment single axle dump truck, 5.5 hrs. @ $10.00/hr. - blacktop roller, 2 hrs. @ $7.50/hr. $ 55.00 15.00 subtotal $ 70.00 Labor - special inspections 3 @ $15.00 each -.19 June: add rock to hole in street, 1 man, 1 hr. @ $19.34* - 13 July: repair boulevard, 2 men, 2.5 hrs, @ $17.33/hr. each* $ 45.00 19.34 86.65. . . page two 20 July 1983 Labor continued - l~ July: repair street, 2 men, 2 hrs. @ $17.33/hr. each. $ 69.32 subtotal 220.31 Total Material, Equipment and Labor + 15% Administration $ ~05.11 60.77 Total $ 465.88 *Since it is City policy that work done for private parties should not detract from the normal duties of the Public Works Dept., time is charged at a time and a half rate. I have asked the Bookkeeping Dept. to issue you a refund from your $1,000.00 escrow deposit of $53~.12. A check for that amount is enclosed. As a final note, I will be inspecting the property on Thursday, 21 July to make sure the driveway is constructed to City stand- ards and to do a final inspection. If the driveway is not completed, I will be forced to turn the matter over to the City Attorney for violation of the City's Zoning Ordinance. Sincerely, Bradley J. Nielsen City Planner/Building Official BJN: sn cc: Doug Uhrhammer Gary Larson Evelyn Beck. 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Jt.3 CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: SHOREWOOD PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 14 JULY 1983 RE: KOCH, DONALD - VARIANCE TO EXPAND A NONCONFORMING STRUCTURE FILE NO.: 405 (83.26) BACKGROUND Mr. Donald Koch, 25835 Wild Rose Lane (see Site Location map, attached), has requested a building permit to remove his attached single car garage and add 12 feet to the front of .it. The house and garage are currently nonconforming due to their proximity to the side lot lines. As a consequence the applicant needs a variance to alter and expand a nonconforming structure. The lot is currently zoned R-1, measures 70' x 225' and contains 15,750 square feet of area. The garage is six feet from the east property line and the house is eight from the west property line. The reason for the request is that the garage has suffered some structural damage, and in making the necessary repairs he would like to extend it 12 feet to the north so as to accommodate two cars. The garage currently meas- ures 16' x 25' with a nine foot overhang. Extending the structure 12 feet will allow two cars to be parked end to end. ANALYSIS/RECOMMENDATION According to the applicant, when the house to the east of his was built was inadvertently placed over the property line. Rather than force his bor to remove it, he gave up 13 feet of his property. Unfortunately it creased the nonconformity of his lot and structure. it neigh- in- A Residential Community on Lake Minnetonka's South Shore 3 . . Shorewood Planning Commission, Mayor and City Council 14 July 1983 Page Two The applicant indicated that it was not possible to rebuild the garage at the rear of the house due to the existing grade of the lot. This was verified upon site inspection. To do so would require major site alteration and pos- sibly affect drainage around the house. Given the need to repair the existing garage, the circumstances under which the property became nonconforming, and the proximity of the neighbor's garage to the east, the request is not considered unreasonable. BJN:kw cc: Doug Uhrhammer Gary Larson Jim Norton Donald Koch Kathy West -- S [I: 11~ S W \.n .-' z ~t '*' ... Cl - cJ ..J -~ ~ 0 ~ (/)"- ... .~ &1.101'"' W (\ ..J ~ > Z .~ .......r-~ Z ~3..:;) ro - U') sm lIS s 'w - - M31'. s"i. tt'~.JSl ~ . ~ r'" ,~~ 1.ot.U.. .. ..' '2.1' - .. :-';x CI: c: A. ".i~ ~ OJt 0+& ~ 'i . . ; ~ ,. C"'? '\ lei I!' 1.-4,..... (" .,,-! --. .. L CJ C1 L II ...L ~ z:. ..,,;:j~' <: .~. '. -..--. "s'~~zr:. -2 _-I 66 1.01 . '0. . 1.01 -- '1 ~?/f ~I.%+.L L i ,..... 'b ~. .~ ,~ .~ ~ '0 ...... ';' -- ~ ~ -0 $ 'S' (-) c.ot- o ~ ::J' ~. \i\' D ~ .-...'. ':t "'CH.. ,~- <tl.. , ... SZiZ '" ;:~ .... , :It ,~pl1)ur 6, .,. ""'.' . -.; N .... ---------... . ~. .. :e ,'''' " .. ~ . 11)_ ~-----.,...--------- ~ ... ~o .~ 9 ~~ ,...- ~ . o 'E" Exhibit A Sl'IS LOCATION Koch variance request t79 1.01 s'ns':! 0':1 r I r ~ N "\ , .~ ( 2.' ~ W\6 . ~C)(lt\ t II..., '%31 I .t6' / '70 .- .~o~e1.a. . . 8' Exhibit B SITE PLAN ( --f ) ( " t . .- -'-~.-'( - ,--,-- --..'.--..".--\. __ _,___" _.._~ '._ , ._w, { . " ..._ .__,._ ___ iJ' .~ _\...:. " ~-- ' ....Of -t " , )f~2~:(_, ~ } 1.. . . ./ ./ ....., , , '\, \\ /"\ ... ,/ 1 !I \1 :l . --:_~ i! ! i- . . ,: '~ I, l! . I, I " ~' "'. t.' '~ ;. '1 ....'- 10 ,$:>,- Ii; ~i\. ,: - ,1 ;; ...", I ~'.J,t.L Ii J ~_.- ~ I! ! . . ': ~.;~r":~:!~' , ';:' " .,~~ " .... , .. :~. :. ""~ ~'t::~: I . .... :.' ....... '.~: '-.i. I..... :'~' ;)'''J~'.:.,''.-4r. ;" r".~ I I .i ~ .. ~.::;., ".'"l- ,.f!' ..... .1 . ..... ., "., ,. . ~, ~ ., . . , , '. , x~;~t1:~[ ..:..... !!, .....,.. . " J ' ~,i~~" " ";~,,,'i" 1",,-,,, ,". -; A.. "", ,,"fo..\,.. . "~??~.' . !I. ..... liS I ',8: : ,lc::a ( Co ..... LeI: ".;." ~. ~~.~~ .. . .- ')..-", II!' ;~''''''''..' " .....;If,. '" , ... :~~ ~,',".'~ '. ':;+~!.i~;;:':~;.., ,~ t ' _... , " , l-l.. ' - ~ ' ~. '.... ,. ....} " '" ". '.. . ,"',:,,' , - ,:~ ...,: J . , ....:J.i., ,,:- ~/\~:......~; ~~. : ",~ . to" "1.~' .... ".~' .~f"Jl"~ '. L'":.,' ":- ~:+~:, ~'i~:~ .. ....: ~ ", '.. '~':1""" ,f','... .'. ", "" '"". . ..-.t. '. , " - :;., , ... ..' ,," :', . ',~ ..- 'or.: ", .:L:~'~" "h' . :-"-". :if- -'-"! , . i".. ''':. ../ . ;":'l~:'"~~.:''' "'...:" \.', \ " 'It- . . . . ,.'!.: , \' ~.;..< 'W>, - . " .. ,. .. ":,~~_"",,,_~""'__a .:: ",. -..... Exhib~~ C RAGE EXrEI~ION PROPO;l.!ID GA ~- ,," ~ , . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 19, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chairman Benson called the July 19th Planning Commission meeting to order at 7:42 p.m. ROLL CALL Present: Commissioners Bruce Benson, Vern Watten, Janet Leslie, Frank Reese; Council Liaison Tad Shaw; Planner Brad Nielsen; Secretary Kathy West Absent: Commissioners Richard Spellman, Bob Shaw and Mary Boyd. APPROVAL OF THE MINUTES Approval of the minutes was postponed until the next meeting. REQUEST FOR VARIANCE TO EXPAND A NONCONFORMING STRUCTURE - KOCH, 25835 WILD ROSE LN. Mr. & Mrs. Donald D. Koch were present to answer any questions regarding their request. Planner Nielsen explained that they had applied for a building permit to repair a crumbling garage foundation and to add 12 feet to the existing struc- ture (see Planner's report, Attachment #1) enabling them to park two cars end to end. A variance was required for the construction. It was noted that both the side yard setbacks were inadequate, six feet to the east and eight feet to the west, making the structure nonconforming. The proposed addi- tion is to the south or front of the house and will not increase the nonconformity. Mr. Koch noted that the addition will be 71 feet from the road right-of-way. He felt this is the only feasible way to expand. Leslie moved, Benson seconded, to recommend that the Council grant the request for a variance to expand a nonconforming structure located at 25835 Wild Rose Lane. The motion carried unanimously, 4-0. . . . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM : TO: MAYOR AND CITY COUNCIL FRCM: DATE: RE: BRAD NIELSEN 21 JULY 1983 ARSTS, OJARS - REVISED SITE PIAN FILE NO.: 405 (83.24) At the 27 June Council meeting the variance request for Ojars Arsts was tabled pending redesign of the proposed addition by the applicant. The Arsts have resubmitted their site plan, removing a 4' x 4' section from the southeast corner of the proposed addition. (see Exhibit A, attached) In the previous staff report dated 17 June 1983, it was stated that the existing house is 21.3 feet from the paved surface of Radisson Inn Road and 6.5 feet from the road easement. A discrepancy was found in survey, however, and it appears that the house is 21.3 feet fran the south property line and only 18 feet from the paved surface of the road. It is still 6.5 feet from the easement. By removing the 4' by 4' corner fran the proposed addition it is approximately in line with the old portion of the house. REXXM'v1ENDATION The recorrmendation fran the previous staff report remains the same. If, however, the variance is granted, it is suggested that the Council and Planning Cornnission reassess the policy regarding expansion of nonconforming structures which was agreed upon in the Zoning Ordin- ance study sessions. If there are any questions, please contact City Hall prior to Monday night's meeting. cc: Doug Uhrhamner Jim Norton Gary larson Ojars and Mara Arsts Kathy West BN:sn A Residential Community on Lake Minnetonka's South Shore ~ ~ t--rv1d ~J.-l9 O"1~IfY:M v +~~'.'1~ --- >II:: () o '" . - - ~\ \ - ~~Jl 0 () I= ..) to Ij'l 'j r ;CO ~ W'+ lJl - ~ -- ~ -. - - --_._j~. ..9 ~- ~hr 04 " 7- ~;! 0 lil~ :z. -~ )'ll4: <1 c(\f UI'-r <.J -j I. --1 u. i ~~ (L wj \.J~ lJJ ~ll ~~ r- - ",n. \0 4W 10~ " '1 ~ :\ , " , , ~ ~~ :\ , 0 t.I . 0 .0 . - \\J 1: 0 r 'Z rJ 0 ..1 z lJJ u &L .4 B- . . . . . <'.a. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 53, AN ORDINANCE REGULATING THE USE OF VEHICLES AND OF HIGHWAYS WITHIN THE CITY OF SHOREWOOD INCORPORATING PROVISIONS OF THE STATE HIGHWAY TRAFFIC REGULATION ACT BY REFERENCE AND IMPOSING A PENALTY FOR VIOLATION THEREOF. The City Council of the City of Shorewood ordains: Section 1: 6B, Fishing That Ordinance No. 53 be amended by adding Section on Bridges. "Section 6B. Fishing on Bridges. No personal shall use any part of or be or stand on any public or private street or highway, bridge or railroad bridge for the purpose of fishing therefrom." Section 2: This Ordinance shall be effective from and after its passage and publication. Adopted by the City Council of the City of Shorewood this day of July, 1983. ------_..- Robert Rascop, Mayor ATTEST: City Clerk :)a- . . CITY OF SHOREWOOD <'10 MA YOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMIN ISTRA TOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION FROM: BRAD NIELSEN DATE: 15 JULY 1983 RE: SETBACKS FOR SWIMMING POOLS FILE NO.: 405 (general) In my staff report on the Seaman Knapp swimming pool variance it was recom- mended that if the variance were to be granted that it should immediately be followed by an amendment to the Zoning Ordinance allowing pools to encroach (to some degree) into rear yard setback areas. The commission voted to recom- mend approval of the variance and also directed staff to expand upon a list of what other communities require. The variance was subsequently passed by the Council with at least one member suggesting that the Ordinance be amended. This memo provides an expanded list of setback requirements for various com- munities. Please note that we deliberately avoided the two central cities and first ring suburbs. We have also only researched rear yard setbacks, assuming that Shorewood's current side yard setbacks are minimal enough. As can be seen, Shorewood's rear yard setback for swimming pools is substantially more restrictive than those of other communities. REAR YARD SETBACKS FOR SWIMMING POOLS - VARIOUS METRO AREA COMMUNITIES Blaine Bloomington Brooklyn Park Burnsville Chanhassen Cottage Grove Eagan * Eden Prairie Maple Grove Minnetonka 10' 15' 10' 8' 30' 8' 5 5-30' 10' 15 ' Minnetrista New Brighton Orono (1 acre +) (up to 1 acre) Plymouth Shoreview Victoria Wayzata White Bear Lake Woodbury * Depands on the zoning district. A Residential Community on Lake Minnetonka's South Shore 10' 10' 50' 30' 6' 10' 5' 10' 10' 10' '\ 5b . . Planning Commission 15 July 1983 Page Two To expedite the amendment process, a draft amendment has been prepared for discussion purposes (see attached). Assuming 30 feet is an acceptable rear yard requirement for R-1 lots, the amendment has been written to require only 60% of the rear yard setback otherwise required in the zoning district in which the subject property is located. The following shows the resulting setbacks for each of the current zoning districts. DISTRICT REAR YARD SETBACK 601'. DISTRICT REAR YARD SETBACK 601'. R-l 50 ft. 30 ft. R-2 50 ft. 30 ft. R-3 40 ft. 24 ft. R-4 25 ft. 15 ft. R-5 40 ft. 24 ft. As a final note, the City Council mentioned the possibility of also allowing tennis courts as a rear yard encroachment. So for discussion purposes tennis courts have been included in the draft amendment. BJN:kw cc: Doug Uhrhammer Gary Larson Jim Norton Kathy West City Council r " . . ., <"'.<:- ... . - ORDINANCE NO. AN ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY OF SHOREWOOD, MINNESOTA, FOR SUCH PURPOSESi AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The City Council of the City of Shorewood does ordain as follows: SECTION 1. DEFINITIONS. The following terms shall mean: 1.1 COMPANY. Minnegasco, Inc., a Minnesota corporation, its successors and assigns. 1.2 GAS. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.3 MUNICIPALITY, MUNICIPAL COUNCIL, MUNICIPAL CLERK. These terms mean, respectively, the City of Shorewood, the Council of the City of Shorewood, and the Clerk of the City of Shorewood. SECTION 2. GRANT OF FRANCHISE. There is hereby granted to the Company, for a perid of 25 years, the right to import, manufacture, trasport, distribute and sell gas energy for publicI and private use in. the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the streets, alleys, public ways and public grounds of the Municipality, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to the provisions of this Franchise. 2.1 EFFECTIVE DATEi WRITTEN ACCEPTANCE. This Franchise shall be in force and effect from and after its passage and publication as required by law and its acceptance in writing by the Company filed with the Municipal Clerk. The Company shall, if it accepts this Franchise and the rights hereby granted, file a written acceptance with the Municipal Clerk within 60 days after publication. 2.2 NONEXCLUSIVE FRANCHISE. This is not an exclusive franchise. 50.- ~ . . SECTION 3. CONDITIONS OF STREET USE. 3.1 USE OF STREETS. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary traffic and travel upon the streets, alleys, public ways, and public grounds of the Municipality. 3.2 RESTORATION OF STREETS. The Company shall, upon completion of any work requiring an opening, restore the street, alley, public way or public ground to the same condition as before the opening was made, insofar as reasonably possible. 3.3 RELOCATION OF UTILITY FACILITIES. The Company shall relocate its facilities or equipment at its own expense whenever the Municipality in the proper exercise of its police power shall grade, regrade, change the line or otherwise improve any street, alley, public way or public ground or construct or reconstruct any sewer or water system therein and shall, with due regard to seasonal working conditions, order the Company to permanently relocate its facilities or equipment located in said street, alley, public way or public ground. The Municipality shall give the Company reasonable notice of plans requiring such relocation. 3.4 RELOCATION WHEN STREETS VACATED. The Municipality may not order the Company to relocate any of its facilities or equipment when a street, alley, public way or public ground is vacated unless the reasonable cost of such relocation and the loss and expense resulting from such relocation are first paid to the Company. SECTION 4. INDEMNIFICATION. The Company shall indemnify and hold harmless the Municipality, its officers, employees and agents from all liability on account of injury to persons or damage to property caused by the Company's construction, maintenance, repair or operations in the Municipality, unless such injury or damage is the result of the negligence of the Municipality, its officers, employees or agents. SECTION 5. TERMINATION OF FRANCHISE. If the Company is in default in the performance of any material part of this Franchise for more than 90 days after receiving written notice from the Municipality of such default, the Municipal Council may, by ordinance duly passed and adopted, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and specify the provision of this Franchise under which the default is claimed and state the . . . bases therefor upon all material issues relative to such default. Such notice shall be served on the Company by personally delivering it to an officer thereof at its principal place of business. The reasonableness of any ordinance declaring a termination of the rights and privilege granted by this Franchise shall be subject to judicial review by a court of competent jurisdiction. SECTION 6. PUBLICATION EXPENSE. The expense of publication of this franchise ordinance shall be paid by the Company. SECTION 7. ORDINANCES REPEALED. All other ordinances or portions of ordinances inconsistent herewith are hereby repealed. SECTION 8. ASSIGNMENT. The Company, upon notice to the Municipality, shall have the right and authority to assign all rights conferred upon it by this Franchise ordinance to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this ordinance. SECTION 9. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Municipality shall not affect the validity of this Franchise. Any governmental unit succeeding the Municipality shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the Municipality provided in th~s Franchise. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD THIS ____ DAY OF ____. ' 1983. RObert-Rascop;-Mayor---------- ATTEST: City-Elerk-----