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" to ''t,,:,,S) ,,:,' ".;.- ('(',rS~' -:J'>""" MAYOR Barb Brancel COUNCIL Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY SBOREWOOD CITY COUNCIL MEETING . MONDAY, OCTOBER 24, 1994 AGENDA ITEM #3A: This item is approved each year by the City Council at the time that the City renews its insurance coverage. The City carries a $1,000,000 unbrella policy for Excess Liability Coverage. The Council may, at its option, waive its monetary limits on tort liabilities established by Minnesota Statute 466.04. The Council has not waived the limit in the past, and it is recommended that this policy be continued. The motion is then that the Council approve the LMCIT Excess Liability Coverage in the amount of $1,000,000, and to not waive the monetary limits on tort liability. . AGENDA ITEM #3B: The City must appoint an insurance agency to represent it in order to participate in the LMCIT insurance program. The City Council must renew the agency from time to time. The City has been represented for the last several years by Ken Jarcho Agency. We feel that the agency has represented the City well and that they afford this service at a reasonable rate. We therefore recommend that the City Council adopt the resolution appointing the Ken Jarcho Agency as the City's insurance representative. AGENDA ITEM ~3C: Having been cited for running a business out of his home at 25580 Nelsine Drive, Mr. Frank Svoboda requests up to 60 days to relocate and comply with the City Code. Staff recommends approval of the deadline extension so as to avoid costly litigation. AGENDA ITEM #3D: This motion would be to approve a proposal from E.H. Renner and Sons, Inc. for a "not to exceed" contract of $19,756. This would be to overhaul the Woodhaven well which has been in continuous operation for approximately 15 years without any extensive maintenance or repair. The total project cost estimate is $25,000 on Page 5 of the Capital Improvement Program. A Residential Community on Lake Minnetonka's South Shore -4 . EXECUTIVE SUMMARY Page 2 of 3 COUNCIL AGENDA OCTOBER 24, 1994 AGENDA ITEM #4A: The Planning Director recommends approval of the wall sign for the proposed municipal liquor sign at the Waterford Shopping Center currently under construction. AGENDA ITEM #4B: The resolution approving a subdivision/combination for Ellis Pike's property on Club Lane includes language stating that the applicant is aware that neither of the two newly created lots is large enough to resubdivide in the future. Subject to that provision and any recommendation of the City Attorney, approval is recommended. AGENDA ITEM #4C: Mr. John Pastuck requests that the City vacate a portion of a wetland conservation easement which was granted in 1992, so that he has enough area to resubdivide his property at 20345-47 Excelsior Boulevard. While staff has certain reservation regarding the suitability of the lot for another dwelling, the City Attorney advises that the City is obligated to hold a public hearing on the matter. It. is recommended that a hearing be scheduled for 29 November 1994, subjec to the applicant providing a $200 escrow to cover City expenses associated with processing the request. AGENDA ITEM #4D: Staff recommends denial of a r.o.w. permit requested by Richard Siakel to construct a retaining wall within the boulevard portion of Birch Bluff Road. Other options (e.g. landscaping with low maintenance ground covers) are available to resolve aesthetic and erosion concerns while maintaining the natural character of the street. AGENDA ITEM #4E: Mr. Howard Lerohl proposes to build a basement under his home at 25585 Birch Bluff Road, and build a detached garage at the rear of his lot. The house requires a variance to expand a nonconforming struqture, and the garage requires a setback variance. The staff and Planning Commission recommend approval of both variances. The Council should direct staff to prepare findings of fact for the nex. City Council meeting. AGENDA ITEM #4F: Mr. Pat Cunningham owns the property at 6180 Ridge Road. He proposes to add land located in Chanhassen to enlarge the lot to make it buildable. Staff and the Planning Commission advise that the division and combination are an improvement to the existing lot and recommend approval, subject to conditions regarding placement of structures on the site. AGENDA ITEM #4G: At its 18 October meeting the Planning Commission continued its review of the Natural Resources Chapter of the Comp Plan Update. Lively discussion also occured over the Community Facilities Chapter. A short regular agenda for 1 November allows time for further study, and an extra meeting has been scheduled for November. AGENDA ITEM #5: The motion would be to accept the proposal of E.Z. Recycling and authorizing us to enter into a three year agreement for recycling services consistent with their proposal. This is a three year commitment on their part to collect recycling for $1.85 per month per household, which is reduced from the current contract of $1.90 per month per household. . . '. EXECUTIVE SUMMARY Page 3 of 3 COUNCIL AGENDA OCTOBER 24, 1994 AGENDA ITEM #9A: The Senior Community Center Task Force met Tuesday evening, October 18. Bob Gagne can give a report on that meeting. AGENDA ITEM #9B: A review of the Osha's Sewer Extension Agreement and the project budget has been done by Al Rolek and Joel Dresel. A memo from Joel is included in the packet which outlines the project and the costs. It appears that the project, budgeted at $14,400, 50% of which was assessed to the Osha's, has actually cost $14,052 to date. However, the- trees which were to have been planted on the Osha's neighbors property, the Buonomo's, as part of the restoration have not yet been planted. Joel is checking with the Osha's and the Buonomo's to discuss the options available, and he will report his findings at the meeting on Monday night. ,....... ".. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, OCTOBER 10, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Brancel called the meeting to order at 7:06 p.m. A. Pledge of Allegiance B . Roll Call . Present: Mayor Brancel; Councilmembers Benson, Daugherty, and Lewis; Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Councilmember Stover. C. Review Agenda Daugherty moved, Lewis seconded to approve the agenda for October 10, 1994, with the addition of item 7.B. Temporary Parking on Enchanted Drive. Motion passed 4/0. 2. APPROVAL OF MINUTES . A. City Council Regular Meeting Minutes - September 12, 1994 Lewis moved, Daugherty seconded to approve the September 12, 1994 Council meeting minutes. Motion passed 4/0. B . City Council Regular Meeting Minutes - September 26, 1994 Lewis moved, Benson seconded to approve the September 26, 1994 Council meeting minutes. Motion passed 311. Daugherty abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for October 10, 1994. Lewis moved, Benson seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A . Motion to Approve the Cleaning Service Agreement. B. Motion Re-instating the Liquor Store Manager's Salary. tr~ -/'!' REGULAR CITY COUNCIL MINUTES October 10, 1994 - Page 2 C. RESOLUTION NO. 94-83, "A Resolution Approving the Final Plat of R Bowman Second Addition." J.McNulty representing R.Bowman, 20025 Manor Road. D . Motion to Approve Low Quote for Bridge Repair-Shady Island Bridge. Listul Erection Corporation, Minnetonka, MN. $3150.00. E. RESOLUTION NO. 94-84, "A Resolution Appointing 1994. General Election Judges." . H. RESOLUTION NO. 94-86, "A Resolution Requiring the Connection of Certain Commercial Properties to City Water." Shady Hills Area. I. Motion to Approve Change Order No. 2 for City Hall Parking Lot Project. J. Motion to Approve Contract of Richard L. Voigt, Jr. for Phase II Services Relating to Sewer Study. Motion passed 4/0. 4. PUBLIC HEARING 7:15 P.M. ON PROPOSED ASSESSMENT OF DELINQUENT SEWER AND WATER UTILITY CHARGES, STORMWATER MANAGEMENT, CITY CLEAN UP CHARGES AND PROPERTY CLEAN UP CHARGES . Mayor Brancel opened the Public Hearing at 7:22 p.m. Ms. Margo Osha, 25840 Highway 7, explained the reason she is paying her sewer charges under protest and referred to her letter to the Mayor and staff. The staff will provide information relative to Ms. Osha's concerns for the Council's consideration at its next meeting. Mayor Brancel closed the Public Hearing at 7:25 p.m. Rolek stated the Council acts annually to add the delinquent charges to the individuals' tax statements. The total amount to be assessed is $32,737.00 and is considered to be average. Daugherty moved, Benson seconded to adopt RESOLUTION. NO. 94-87. "A Resolution Directing Delinquent Sewer and Stormwater Utility Charges, City Clean-Up Charges and Property Clean-Up Charges be Placed on the 1995 Property Tax Rolls." Motion passed 4/0. 5. PARKS Discussion on Traffic on Streets Adjacent to Parks "- REGULAR CITY COUNCIL MINUTES October 10, 1994 - Page 3 Hurm reviewed the Park Commission's recommendations relative to safety improvements on streets along City parks. The recommendations, developed in consultation with the Chief of Police and the City Engineer, are: 1) notify the State of the need to extend the right turn lane on State Highway 7; 2) place a center line at the curve on the roadway in Freeman Park; 3) place "Playground" signs at all streets near Cathcart, Manor, and Silverwood and work with Chanhassen for the sign at Cathcart; 4) place additional orange reflective strips on all street signs that relate to the parks; and 5) construction of a gravel trail at Silverwood Park by Covington Road to run east ending at Vine Ridge Road. Hurm explained that future construction of the parking lot at Cathcart will improve safety and the need for fencing at Silverwood should be reviewed following completion of the landscaping. Lewis inquired why a crosswalk is not considered necessary at Silverwood. Benson explained that the crosswalk may create a sense of false security, particularly for children. After the safety measures are implemented, the effects will be monitored and reviewed. Public Works will install the gravel trail in consultation with the City Engineer. Dresel stated that sufficient space is available for its installation. Lewis inquired whether crosswalks were painted . for the trail constructed near Vine Hill Road. Dresel replied they were established, but may require repainting. Lewis moved, Daugherty seconded to approve the safety regulations in the Parks and on streets adjacent to the City Parks as recommended by the Park Commission. Motion passed 4/0. 6. PLANNING - Report by Representative Commissioner Pisula reviewed the actions taken by the Commission at its October 4, 1994 meeting which will be considered by the Council at its October 24 meeting. A. A Motion to Approve a Signage Permit. Applicant: Holiday Convenience Store. Location: Waterford Shopping Center. Mayor Brancel referred to Nielsen's October 6 memorandum responding to the issues raised by the . Council at its September 26 meeting when the sign permit application was initially considered by the Council. Lewis stated the signage plans are part of an existing site plan for a previously approved project. He does not approve of the project. Benson moved, Brancel seconded to approve a signage permit, deleting the reference to Taco Bell, for Holiday Convenience Store, Waterford Shopping Center, to be regulated by the City's business hours ordinance. Motion passed 311. Lewis voted nay. The Councilmembers considered Holiday's plan to sell Taco Bell products in its Waterford convenience store. Nielsen explained that since 1984 fast food is denied as an allowable use in the P.D.D. However, the applicant requests the Council's consideration of its intention to use a portion of its 5,000 square foot store to serve franchise type products. The approved P.D.D. includes a family-type, non-alcohol restaurant to be located elsewhere in the site development. REGULAR CITY COUNCIL MINUTES October 10, 1994 - Page 4 Nielsen explained the applicant agreed to revise its gas pump plans to 2 rows of 3 fuel dispensers as approved,in the most recent site plan. Daily hours of operation are 6 a.m. to 12 midnight; at 10 p.m. only I1sland may be lighted. Mr. Mark Nelson, representing Holiday Stationstores, Inc., described the operations of the branded food area within the new store. Less than 4% of the sales floor will be used for a Taco Bell operation with a limited number of menu items prepared by Holiday employees. No customer seating, drive-through window, or separate check-out is provided for the product. Holiday views the sale of this branded food to be the same as the sale of other non-branded food products and considers the products as an alternative to other foods already found in its store. Following discussion, the Councilmembers considered the sale of franchise branded food products beyond the scope of previous approvals and expressed concern that increased traffic related to such sale will exacerbate the problems associated with the development. The Council accepted the revised plans for the number and location of the fuel dispensers. Benson moved, Lewis seconded to deny the sale of Taco Bell foods in the Holiday Convenience Store at the Waterford Shopping Center. Motion passed 4/0. . B. Report on Comprehensive Plan Update Commissioner Pi sui a stated the Commission will discuss the Natural Resources, Land Use, and Community Facilities Chapters at its October 18 study session. 7. CONSIDERATION OF 1995 ANIMAL CONTROL CONTRACT WITH THE CITY OF CHANHASSEN Hurm explained that other cost-effective options to the current method of animal control are not available. Therefore, he recommended continuation of the contract for such service with the City of Chanhassen. . Brancel expressed dissatisfaction with the current service and stated that more tickets rather than warnings for violations such as loose animals must be issued to improve the level of service in Shorewood.' . Daugherty moved, Lewis seconded to approve the 1995 Animal Control Contract with the City of Chanhassen, with the understanding that Chanhassen will improve the level of service in Shorewood during the contract period. Motion passed 4/0. 7.B. CONSIDERATION OF TEMPORARY PARKING ON ENCHANTED DRIVE Hurm explained that residents on Lagoon Drive requested permission to park on Enchanted Road on a temporary basis while Lagoon Drive is being re-surfaced. Hurm reported that the Police and Fire Departments interpose no objection as long as sufficient allowance is provided for passage of emergency vehicles on the street. Benson moved, Daugherty seconded to approve temporary parking on one side of Enchanted Lane during the week of October 10, 1994, for the residents of Lagoon Drive. Motion passed 4/0. . ~ .' REGULAR CITY COUNCIL MINUTES October 10, 1994 - Page 5 8. MATTERS FROM THE FLOOR - None. 9. DISCUSSION OF POLICY ISSUES - None. 10. ADMINISTRATOR AND STAFF REPORTS A. Report on Responses Received on Letter to Neighboring Cities Regarding a Southshore Senior Community Center Mr. Robert Gagne, Chair of the Task Force, reported that participation approvals have been received from Greenwood and Excelsior, Tonka Bay will consider its participation on October 11, and Deephaven will survey its residents and respond to the letter on November 15. Conditions outlined by an Excelsior Council member with respect to its financial support for construction of a Community Center are acceptable. Gagne stated the Task Force will meet on October 18 to ready its fund-raising plans. The neighboring communities commended the action taken by the Shorewood Council to initiate and facilitate construction of a community center. . B. Report on Status of 1994 Goals Hurm directed the Council's attention to the report prepared for their information on the status of 1994 goals. Hurm reported that Hennepin County proposes to establish a County-wide curfew regulation that would replace Shorewood's regulation which is inconsistent with that proposed by the County. 11. MAYOR AND COUNCILMEMBER REPORTS Determination of Time of Canvassing Board Meeting The Canvassing Board meeting will convene at 5:30 p.m., Wednesday, November 9, 1994. The Council confIrmed meeting dates and agendas in December: December 12-abbreviated Council agenda and Joint Work Session with Planning Commission; and December 19-Consideration and Action on 1995 General Fund Budget. . 12. ADJOURNMENT SUBJECT TO APPROV AL OF CLAIMS Lewis moved, Benson seconded to adjourn the Council meeting at 8:05 p.m., subject to the approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: BARBARA J. BRANCEL, MAYOR JAMES C. HURM, ADMINISTRATOR .. , . . L\1CIT EXCESS LIABILITY COVERAGE Cities obtaining excess coverage from the League of Minnesota Cities Insurance.Trust must decide whether or not to waive the statutory liability limits to the extent of the excess coverage purchased. This decision must be made by the city council. CITIES PURCF..ASING EXCESS COVERAGE MUST CONiPLETE AND RETURN TIllS FORM TO LViCIT BEFORE TI-IE EFFECTIVE DATE OF TI-IE COVE..~GE. For fur~er information, refer to the accompanying memo. City officials may also want to discUss these issues with the city attorney. The City of acceptS excess liability coverage 9-m&.a:D limits of $ from the League of Minnesota Cities Insurance Trust. l.CDJ,a:o. Cneck one: x Tne city DOES NOT WANE the monetary limits on tort liability established by Minnesota Statutes 466.04. -OR- The city W AlVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance n Date of city council meeting: C) cr- ~ LI I q 1P- Signature: Position: Return this completed form to Berkley Risk Services, 920 Second Avenue South, Suite 700, Nfinneapolis, M:N 55402-4023. . . . .' 4192 L\1CIT31 (2) #"3A . . .oJ RESOLUTION NO. 94-88 A RESOLUTION APPOINTING A CITY INSURANCE AGENT WHEREAS, the League of Minnesota Cities Insurance Trust requires cities to use the services of an agent in order to participate in the LMCIT property/casualty program; and, , WHEREAS, the City Council has reviewed and considered the written materials from LMCIT discussing the agent's role and compensation in LMCIT; and, WHEREAS, Ken Jarcho Agency has agreed that they are willing to provide the City the services listed below under the terms and conditions listed below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: APPOINTMENT 1. The City of Shorewood hereby appoints Ken Jarcho Agency as its agent for purposes of the City's participation in the League of Minnesota Cities Insurance Trust (LMCIT) property/casualty program. TERM 2. This appointment shall remain effective indefinitely unless and until it is terminated or amended by Council action. COMPENSATION 3. As compensation for the services provided to the City as described in Paragraph 4 below, the agent will receive annually a fee equal to 5% of the annual premiums paid by the City to LMCIT for property, liability, and automotive coverages. This fee shall be included in the amounts billed to the City by LMCIT and shall be paid to the agent by LMCIT on the City's behalf. #:38 . . . SERVICES 4. The agent will perform for the City the following services: a) Advise and assist the City in assembling and accurately reporting underwriting data, including updating property values, for rating purposes. b) Advise and assist the City in evaluating and selecting among ~overage alternatives such as deductibles, limits, optional coverages, alternative coverage forms, etc. c) Review coverage documents and invoices to assure coverage has been correctly issued and billed. d) Advise the City on potential gaps or overlaps in coverages. e) Assist the City as requested in submitting claims and interpreting coverage as applied to particular claims. f) Review loss reports for correct reporting, appropriate reserves, etc. g) Assist as requested with safety and loss control activities. h) Assist the City in identifying risk exposures and developing appropriate strategies to address those exposures. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of October, 1994. Barbara Brancel, Mayor ATIEST: James C. Hurm, City Administrator ~ CITY OF SHOREWOOD MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 · (612) 474.3236 :MEMORANDUM . TO: FROM: DATE: Mayor and City Council Brad Nielsen 19 October 1994 RE: FILE NO. Svoboda Zoning Violation - Appeal for Additional Time to Comply Property - 25580 Nelsine Drive "\ Having received a zoning violation letter (Exhibit A) directing him to stop conducting a business from his home, Mr. Frank Svoboda requests additional time to comply with the City Code. In his letter (Exhibit B), dated 11 October .1994, he asks for up to 60 days to find a new location for his business. . Although there is a certain precedence for granting as much as 30 days to correct zoning violations, the 60 days requested by the appellant is not considered to be unreasonable, particularly in view of the modifications he proposes to make regarding his use of the property (e.g. no on-street parking). It is desirable to avoid litigation where the property owner is willing to comply within a reasonable amount of time. It is therefore recommended that Mr. Svoboda's request be granted, subject to a clear understanding that the business will no longer be conducted from the home after 23 December 1994. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Robert Bean Doug Malam Jennifer McCarty Frank Svoboda A Residential Community on Lake Minnetonka's South Shore ~,~, . C-FILtA 3aro SranCel COUNCI L Krrsti Seaver Rob OaughertY Daniel Lewis Bruce Benson . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHORE'NOOD. MINNESOTA 55331.8927 · (612) 474-3236 4 October 1994 Mr~ Frank Svoboda 25580 Nelsine Drive Shore\Vood. N1N 55331 Re: Zoning Violation - 25580 Nelsine Drive . Dear Mr. Svoboda: . Our office has received a neighborhood complaint alleging that you are conducting a business at the above-referenced address. Upon investigation of the site numerous vehicles which are noc registered to anyone living on the premises were observed on the property. I subsequently spoke with Joan Svoboda who confIrmed that you do run your consulting business from the property, and that employees and clients come to the home. This is to advise you that the subject property is zoned for single-family residential use and that any nonresidential use of the property must cease immediately. You should be aware that although Shorewood has a permitting process for home occupations. the activity described by Ms. Svoboda does not comply with City requirements. Nevertheless I have enclosed an application form and information relative to home occupation permics. If you wish to apply for a permit you should contact my office to arrange an appointment as soon as possible. Your property will be reinspected after 16 October for compliance with the Zoning Code. Failure to comply will result in the matter being turned over to the City Attorney for further legal action. If you wish to appeal this notice, you must do so in. writing by 14 October, after which the matter will be scheduled for the next regular City Council meeting. Your appeal should state why you can not or will not comply with City requirements or , if you are asking for additional time to comply, how much.time? If you have any questions relative to this matter, please contact my office. Sincerely, CITY OF SHOREWOOD &~ j./)d&-J , Bradley J. ~1sen Planning Director cc: Jim Hurm Tim Keane ~hi b,t A .A Residential Community on Lake Minnetonka's South Shore FRANKLIN J. SVOBODA & ASSOCIATES, INC. Wetland Services · Wildlife/vegetation Studies October 11, 1994 iJ;~ i Mr. Brad Nielsen Planning Director ' City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 \ Re: Zoning Violation - 25580 Nelsine Dr. In, August, 1991, r resigned my position as a wildlife biologist with an-Eden Prairie engineering consulting firm and founded my own business-to provide wetland 'delineation - services. We own a farIIJ.,near Hutchinson, Mimiesota and 1- was conducting my businesS as a sole ~oprietor out of that location_ -The following spring, 1992, my business had grown to the point where I needed some assistance with field work and hired an individual to, help 1I!e out. The business continued to be based out of the Bear Lake Wetlands Center as-our farm is called. .- Our business volume continued to grow and in May, 1993, fu. order to be closer-to my primary' market, ~e Twin Cities, 'we decided to- purchase a home, in the western suburbs providing us with easy access to the Bear Lake Wetlands Center and our client .base. At the time of purchase, in addition to my wife and I, one of our employees lived with us. We...had., a second employee who lived off the premises; "worked in the home occasionally and spent most of the time in the . field. - Because oUr business is providing wetland delineation and ' natural resources' mvestigative services,. much of our time has -been- and continues to be out ,- , of the office. - - - - . - ..... ~ - , Our search parameters were for a home that reflected our inter~_ and sensitivity to _ wetlands --and forests. We found that environment and setting in Shorewood and_ have been very satisfied - ' _ 'Yith the quiet solitude of the area except on occasion when neighbors~incessantIy rev cars or snowmobiles as they are wOrlringon _their vebic1es~ However, for the _most part the neighborhood is very quiet and conducive to the creative'. writing, that is required' by myself and our prof~ional staff. Even the 2" or 3 dogs th3.t daily patrol my 'pr~ in violation of the City's leash law are tolerable. - - - 25580 Nelsine Drive · Shorewood, MN 55331 E."h"~b ,t" f> (612) 474-0500 (Office) · (612) 474-0547 (Fax) . -. Before choosing Shorewood as a location for our home office, we carefully examined the neighborhood for other home based businesses. Since our residency here, we have noticed or been aware of several other businesses along Eureka Rd. including an auto body shop, an auto repair business, a beauty shop, a self-employed carpenter and an insurance agency. We believed that Shorewood was a community that encouraged highly motivated self-employed individuals who had a desire to work from their homes. It was my' oversight to not have realized that a home occupation permit was necessary. Not having been in business on my own before in an urban area, I was not fully aware of all of the business requirements necessary. It has been a tremendously challenging process just to become fully knowledgeable ~ ~ of the state and federal tax and other employee reporting requirements. At the time we purchased the home, we had no idea that our business would be as successful. as it has become. In order to meet the. urgent demands of our. clients, we have had to incrementally add to our staff, especially over the last six months to the point where we now have 6 full time employees. Of those 6, only three are office support staff. The rest of the employees are field professionals and spend much of the time in the field. When they are in the office, they are involved. in writing reports and require a quiet place for creative thinking. The rapid growth of the firm came as an unexpected surprise and was beyond my expectation. When we purchased the home in 1993, .we expected to generally remain at a size that would be consistent with a home occupation. . Our growth in 1994 PtIShed us to the point where we realized that a home based operation was no longer practicaL At that point, we realized that we were going to need to relocate to larger accommodations and on October 4th we began searching for new space. . At prese.nt,. we have made.an offer on property in the CitY of Ch~nhasseI!and ar. e also looking at parcels in Hopkins, ~avarre and Minnetonka...We have requested that the Seller of the Chanhassen property _make a fin31 decision about our offer by October.13th in order for us to look for alternative sites to meet our relocation deadline~ Our Realtor is. also aggressively searching for other properties in the western suburbs that match the environmental setting of the propert}r that we currently own. Asa wildlife biologist, it ~ impOrtant to me to have office space that is campuS-like in appearance and has .wetlands. anddwoodlands prox:iIDate to the property to allow us to function effectively and creatively. Locating such a property was a challenge when we chose this as.oUr-home and will be a ~hallenge for locating office space as well.. . . . We are pursuing two alternatiVe courses of action. One option is for us to retain our ShorewOOd home and lease office space. The second is to relocate our home and.business to an area where we can continue to operate as a busineSs with OIl-piemises ~aretaker quarters or an aparonent. Many downtown Main Street commercfu.l spaces do have apartment quarters on the second floor. Although a downtown location is not at all desirable. for our type of business, mixing commercial and residential space is done. as a practice. . . . We ask for your patience as we make our move which we intend to do within 30 to 60 days depending on locating property, acceptance of the offer and closing requirements. If we cannot complete an acquisition of property and relocation within that amount of time, we will temporarily rent space on a monthly basis after the 60 day period although it will pose an extreme hardship to us, until we do find suitable property. . We have put our house on the market because we have a strong commitment to continuing to have a residency in connection with our business. It is convenient for me to be able to come down to the office at any time to work and also we can be better assured about the s~urity of our business by having someone on the premises most of the time during off- bUsiness hours. With the growing national trend to home based businesses, this approach makes economic sense. Also, I am not on the road during peak commuting hours and having. my employees work in a quiet residential neighborhood keeps them out of congested areas as well. Our equipment demands are mod~ we do not create noise, we are extremely environmentally conscious and sensitive and do more than our share for enhancement of the environment since that is our business. Our premises are kept clean and free of equipm~nt and debris and excess vehicles during the evening hours when all of my neighbors are home. We do have two daughters and a son-in- law each of whom has their own .vehicle and often visit or stay overnight. We have' two. personal vehicles that we keep on the premises and a third which is kept in Hutchinson. Our . pickup truck, which is used to tow a fifth wheel trailer will be taken to Hutchinson as soon as our trailer can be picked up from the dealer. That too will be stored in. Hutchinson. , - . We were not aware that parking on the cul-de-sac was a problem. Now that we are aware that this is a problem, we will no longer be parking any vehicles on the street. Had we been aware of the parking restriction, we would never have parked vehicles there. In the future, until we sell our home and move, we will request that all vehicles b~ parked on the driveway. Generally speaking, we seldom have more than 5 cars in our driveway at any one1ime. I have noticed that some residents in our neighborhood have that man.y personal vehicles that they keep in their driveway evenings and'weekends. Our driyeway _ has the space to accommodate up to 8~ehicles if Patiring is handled carefully. 1:Iowever, that is not our intention and we will , keep the cars down ~ a minimum~ .. -' , We expect that dUring the 'remaining weeks at 'this Jocation, 'the number of vehicles will be,wminim31. One employee is travelling overseas for 10 days. Another is tak.ing ~ week-long fall hunting trip. Also,' October and N()vember are heavy field periods and so 'the professional employees will' be primarily conducting fie1d activities duriJ:lg the next several weeks. ' . .' Finally, I wo~d like to 'point but that we have not made any attempt to obscure the, nature or location of our business.' We have completeclseveral wetland-delineations for clients in the -~h City of Shorewood and our reports and letterhead clearly_ state our b~esS address of Nelsine Drive. Were our location a problem, it- would seem the appe3!'3l1ce~f our _address_,on, the - several documents submitted to the City would have alerted someone earlier. Also, I have' .. .. made an appearance before the Planning Commission on behalf of a client just recently, again not hiding our business location and in fact in the introduction emphasis to our Shorewood location was made. Our unexpected success has been the result of the quality work that our firm is recognized for. We believe that we have been very good neighbors and have been very sensitive to the adjoining property owners keeping our property well cared for and free from the clutter that we have observed on other properties. Also, we have not had nor made it a practice of having numerous cars on our property during the times when our neighbors are typically home, i.e. aft~ 5 :30 pm and on weekends. We keep what limited equipment that we use stored in our garage and always pick up any stray litter promptly. It will be a disappointment for us to have - to leave this neighborhood and community but given the unexpected and pleasant success of our business, we have no alternative. . I am requesting that you allow us 60 days in which to relocate our business on the basis that it would be a hardship to find alternative quarters and move any more quickly than that. As I have indicated, we began searching for an alternative location just prior to your inspection-. We have not been a nuisance in any way except by perhaps parking on the cul-de-sac. We will work with you to find a temporary acceptable alternative.. If we have not found an acceptable permanent location. within 60 days, we will present to you proof of relocation to temporary office space outside of our home. I hope that you will be willing to work with us in solving this situation_ We will be continuing to reQfesent our clients in Shorewood and wish to be remembered as good neighbors. Enclosed with this letter is an application for a Temporary Home Occupation P~t Application. I will be c~g you on Thursday to see how this matter Inight ~~ be resolved. - Sincerely, .. FRANKLIN I. SVOBODA AND ASSOCIATES, INC. .-~~/.~ . Fr-InkHn J. Svoboda. CWB , . - Certified.Wildlife Biologist .-- ~. , . . October 12, 1994 Orr SChelen Mayel'9n & AsSocIates, Inc. 300 Park Place East 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 Engineers Architects Planners Surveyors Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Woodhaven Well Pump and Motor Repair OSM File 5218.00 Dear Mayor and Council Members: Attached please find the quote we received from E.H. Renner and Sons, Inc. for the referenced repair work. This well has been in continuous operation for about 15 years without any extensive maintenance or repair - mostly because there is no back up or alternate source of water for the area. Both Munitech and this office believe that if something isn't done soon, we will have an unplanned interruption of water supply to this area. Therefore, Munitech and Renner have worked out a plan whereby the water would only be interrupted during the middle of the night (midnight - 8:00 am) while the existing pump and motor are pulled and a rental pump is placed. After the existing pump and motor are repaired, the supply would again be interrupted at night while the pump was replaced. In addition, Munitech is recommending that this work be done after the lawn sprinkling season to avoid automatic water use during the middle of the night. The base bid is $15,489.84, with an option for an additional $4,266.16 for complete bowl replacement if necessary. The bowls are the actual "pumping" portion of the well, and we believe that complete replacement can pretty much be counted on after this amount of time. TQerefore, we recommend a motion approving the attached proposal in the amount of $19,756.00. If approved, yve plan to have the work done the third week in November. We will notify all residents involved in advance of the work. Please call me at 595-5695 with any questions. Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES /Lc~e Joel A Dresel, P.E., L.S. City Engineer end cc: Bob Polston, Munitech #3D H:\CML\NM\ENGlNEER\lAD\LEITERS\ 1012945HO Equal Opportunity Employer l. . l H. Renner B Sons INCORPORATED WELL DRILLING FOR FOUR GENERATIONS 15688 JARVIS STREET N.W. / ELK RIVER, MN 55330 PHONE: (612) 427-6100 / FAX: (612) 427-0533 October 6, 1994 City of Shorewood ~ Mun! Tee 2373 Wilshire Blv. Mound. MH 55364 Attn: Bob Polson Re: Woodhaven ~ump Pump Repairs Sub: e. Dear Bob As you requested October 5, 1994 the following would be the cost to repair the City of Shorewood No.2 well, Woodhaven Deep Well Line Shaft Turbine Pump. The following is my estimate based on 170 ft. of 6" column with 13/16" line shaft, this a estimate of the setting of this pump based on the pumping water level when the well was drilled. Materials 1. Motor Repairs ( does not 1 LS $ 1,1140.00 iJ)clude rewind or machine work if required 2. Pump packing 1 LS 25.00 3. Packing Box Bushing 1 LS 60.00 4. Head Shaft (.416 SS) 1 LS 250.00 5. Sandblast & Paint Head 1 LS 125.00 6. Top 6" x 5' columri 1 Ea 115.70 7. Int. 6" x 10' column 16 Ea 157.32 . e 8. Bot. 6" x 5' column 1 Ea 133.50 9. 'Line Shaft 1 3/16" x 10' steel 17 Ea 63.28 10. Line Shaft 1 3/16" x 5' steel 1 Ea 50.64 11. Shaft Couplings 18 Ea 9.11 12. Sleeves (f?tainless) 17 Ea 28.48 13. Rubber Bearings 17 Ea 12.51 14. Bronze Retainers 17. Ea 45.03 15. Bowl Shaft r Ea 250.00 16. Wear Rings (estimated) 8 Ea 125.00 17. Set Bowl Bearings 1 LS 150.00 18. Suction Pipe 1 Ea 123.44 19. Misc. 1 LS 95.00 $ 1,140.00 25.00 60.00 250.00 125.00 115.70 2677.12 133.50 1075.76 50.64 163.98 484.16 212.67 765.51 250.00 1000.00 150.00 123.44 95.00 '!'otal Cost of Material NO'!' TO EXCEED S 8,737.48 Labor Cost During regular business hours; 19. Operator 19 Hrs 20. Helper 19 Hrs S 52.00 40.00 S 988.00 760.00 An Equal Opportunity Employer 21. 10 - T Pump Hoist 21. Flat Bed truck Cost for Labor 16 Hrs 4 Hrs '" 75.00 30.00 1200.00 120.00 $ 3.068.00 Add Labor Cost 22. 0 perator 23. Helper 24. 10 - T Pump Hoist 25. Flat Bed truck Cost for Labor After Hours for After business hours (except Sundays and Holidays); 19 Hrs $ 26.00 $ 19 Hrs 20.00 Hrs .00 Hrs .00 494.00 380.00 0.00 0.00 874.00 Rental Pump. 26. Install Rental Pump 27. Remove Rental Pump COi<t for Rental Pump 1 Ea 1 Ea Hew Discharge Line Fittings - Installed: 28. Flanged Spacer w I 1 " Tap 1 LS 29. Flanged Spacer w I 3- 1" Taps 1 LS 30. Apco Silent Check Valve 1 LS 31. Misc. (vents. fittings.etc.) 1 LS Total Cost for Discharge Line Total Cost for all work and material above Option 1 Replacement Bowl Assembly 1 LS $ S 840.00 840.00 S 840.00 840.00 $ 1.680.00 . S 566.30 467.26 729.80 121.00 S 566.30 467.26 729.80 121.00 $ 1.884.36 $15.489.84 S 4.266.16 S 4.266.16 The material quantity will be determined by the actual inspection of the Line Shaft Turbine Pump in or shop by myself and you or your representative. The actual quantities could ne less then quoted but rather then quoting the' minimum I have estimated th~ . maximum. Due to the maximum quantity the invoice may actually be lOHer in cost att~b completion. The above should cover the cost of all work on the pump and discharge line with a option for the cost of a complete new bowl assembly. I have not included the cost of any well work as I don't believe their will be any. If you wish to complete this work during regular business hours deduct S 874.00. . If you have questions on the above labor. materials or discharge line quotation please call me at (612) 427-6100. ~rry Alj s~eer E.H. Renner & Sons. Inc. License 171015 .pljl/........,. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 . . MEMORANDUM TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 20 October 1994 Sign Permit - Waterford Shopping Center (Liquor Store) 405 (Sign Permits) . . The attached proposal for signage for the Shorewood Liquor Store in the new Waterford Shopping Center is consistent with the overall signage plan which has been previously approved. It should be noted that window signage will not be allowed within the center, but a messageboard will be incorporated into the freestanding sign for the center, giving tenants the opportunity to advertise special sales, etc. Approval is recommended. cc: Jim Hurm Tim Keane Bill Josephson A Residential Community on Lake Minnetonka's South Shore 4,A.# '" 10/13/1994 03:35 612-473-2851 EDISON SIGN PAGE 02 October 12. 1994 . :#~f!J.'lj'" r - .~ " <f ~ ~ ~ , ~;,....:,.;[)'''' 4l!':.u!.)1:..'IT'" Mr. Bill JoesphsQn ShorewQod Liquor Highway 7 Shorewood, Minnesota 55331 Re: Main id.entification sign Dear Bill.: Thank y.?U for the opportunity tl' bid on your signage. The following 1:3 (lUr. proposal based on ('}ur t,elt'}phone <'::OtlVI3r.l5aU.oll 10'-12-94. . . PROPOSAL Qty 1 set. 24" individually ilhuninated channel letters, mounted to raceway, with red faces, 3ilver letter edge as per sign criteria at Waterford Center. $1980.00 + .' LI qUOr<'" Edison Signs will not be re5poosible for the final wire hook-up. We can recommend a repl.l.table electrici,3.Il who will bill you separately. . . Ediso'n Signs will warranty our signage for one calendar year against tran9former failu.re and material.s or manufacturers defects. PriGes incLude: materials. labor, & installation Terms; 1/2 do~ &. balanG~ du~ upon installati.on Please let. me know if you have any further questi.r:ms. I really look forward to working with y"u. on this project. TS:kas !M.1 R W T.,.,Amd:.,.iAl 'Rlvrl . T.nnA1 T,UA. UN 56366 . (612) 473-7449 . FAX (612) 473-2851 CITY OF SHOREWOOD MAYOR Barb Brancel COUNCI L Krist; Stover Rob Daugherty Daniel Lewis Bruce Benson 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 . . MEMORANDUM Mayor and City Council TO: FROM: DATE: RE: FILE NO. 405 (94.10) Brad Nielsen 20 October 1994 Pike, Ellis - Simple Subdivision/Combination . . The attached resolution approves a subdivision and combination for Ellis Pike's property on Club Lane. You may recall that the Council's initial approval included a requirement that Mr. Pike change the lot line so that the larger of the two lots could be redivided in the future, or an affadavit stating that he was aware that the lots as proposed were not large enough to redivide. Since he has refused to do either, we have included a statement to that , effect in the resolution. Subject to that condition and any recommendation by the CIty Attorney, it is recommended that the subdivision be approved. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Joel Dresel Ellis Pike 4, ~, f, A Residential Community on Lake Minnetonka's South Shore . . RESOLUTION NO. RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, Ellis W;.Pike, Steven 1. Pike, and Debra A. Pike (Applicants) have an interest in certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, Applicants have applied for a subdivision and combination of said properties to form Parcels X and Z, legally described in Exhibit B, attached hereto and made a part hereof; and . WHEREAS, the subdivision and combination requested by Applicants complies in all respects with the Shorewood City Code; and WHEREAS, the application was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, dated 24 February 1993, which memorandum is on fIle at City Hall; and WHEREAS, the application and the Planner's memorandum were reviewed by the Planning Commission at a regular meeting held on 2 March 1993, the minutes of which meeting are on fIle at City Hall; and WHEREAS, the application was considered by the City Council at a regular meeting of the Council held on 25 July 1994, at which time the Planner's Memorandum and the recommendations of the Planning Commission were reviewed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the two parcels of property legally described in Exhibit A be subdivided and combined to form Parcels X and Z, legally described and shown in Exhibit B. The Applicants, by copy of this Resolution, are on notice that neither Parcel X or Parcel Z contain enough land area to be resubdivided under the current requirements of the Shorewood Zoning Ordinance. 3 . That the City Clerk furnish Applicants with a certified copy of this resolution for recording purposes. 2. 4. That Applicants cause to be recorded this Resolution together with the drainage and utility easements shown on Exhibit C and the roadway easement shown on Exhibit D, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of October 1994. ATTEST: Barbara J. Brancel, Mayor 4 f:,~ z~ . Existing Legal Description That part of Lot 39, AUDITOR'S SUBDIVISION NUMBER 133, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Lot; thence west along the south line thereof 229.75 feet to a point 417.25 feet east of the southwest corner of said Lot: thence north parallel with west line of said Lot 39, a distance of 347.88 feet to the southerly line of the Smithtown Road; thence easterly along the southerly line of said road to the northeast corner of said Lot; thence south along the east line thereof 385.68 feet to the point of beginning. Lot 40, AUDITOR'S SUBDIVISION NUMBER 133. except the west 478.50 feet .ereot. Exhibit A Proposed Legal Descriptions PARCEL X That part of the east. 235.09 feet of Lot 39. AUDITOR'S SUBDIVISION NUMBER 133, lying north of a line parallel with and 159.15 feet north of the south line of said Lot 39. . PARCEL Z Lot 40. AUDITOR'S SUBDIVISION NUMBER 133. except the west 478.50 feet thereof. That part of the east. 235.09 feet of Lot 39. AUDITOR'S SUBDIVISION NUMBER 133. lying south of a line parallel with and 159.15 feet north of the south line of said Lot 39. . Exhibit B forrn No. 18-M-QUfT CLAIM oeeD I"oividu!'l h) to CorpOf"tion ". or r;trtner~hlp Mlnnt'!loh Uniform Convt'y:mdn<< m"nk!l (191R) Mi''''r-Oltvi!'i Co . Mittnt'/tJWfj. I No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. .19_ County Auditor hy Deputy STATE DEED TAX DUE IIEREON: $ None Date: October 4 ,192.L (reserved for recording data) FOR VALUABLE CONSIDERATION, husband and wife Spencer G. Klueqel and Inqrid Klueqel, , Grantor (s), (merit.' 'tetus' hereby convey (II and quitclaim (A) to the City of Shorewood a corporation real property in Henne...Qin , Grantee, under the laws of Min.n.e,sota County, Minnesota, described as follows: . utility and drainage easements over the interior 10 feet abuting the boundary lines of each of the two parcels legally described on legal description attached hereto. Consideration for this transaction was less than $500.00. . (lr mor" spAr.e Is "eM.d, co rnu on bllck) together with all hereditaments and appurtenances belongin Jh~reto. ~c..cC ( ~pence~G. K ue e ~~/r/ ?t:Zuc5ef Ingp-a Kluegel C/ "j:,., '"...d T,,~ 81,,,,,1' lit.". STATE OF MINNESOTA COUNTY OF Hennepin } 55. The foregoing instrument was acknowledged before me this '-1-111 day of ()c..Jo be r by--.Spencer r. KluF!QF!l <'Inn TnQrin Klm.gF!I, hl1",h"nn "nn wif.. . 19--9..4 . NOTARIAL STAMP on SEA I.F. OR RANK) HHNHfMHl1+I CMHY L. SIMONSON ~";~~,:~~,:,,,\. ~~^t~;:~~i~ ~~~~;~~ ~~ )1 1.\'/ C,,"'"1. f,'~, ,lug, n, 1995 ~~..~""~ . Grantor (s). ~.1 J.. ct...1t.m (JY1d..B-1-J , SIONAfURI!: OF PI!:RSON TAKINO ACKNOWLI!:OOMENT Ta'C Sht~rnentt tor the rnl pro~ert' de.erlbed In thl. In.trument .hould be tent tn (lnelude nD1'le and addr... 0' Gunt..): TillS INSTRUMENT WAS DRA'TED BY (N AME AND ^ DDRESS): Spencer G. Kluegel I\ttorney at Law 14550 Excelsior Blvd., #206 Minnetonka, MN 55345 (612) 931-3005 Exhibit C . . Parcel X: That part of the east 235.09 feet of Lot 39, Auditor's ~ubdivision Number 133, lying north of a line parallel with and 159.15 feet north of the south line of said Lot 39. Parcel z: Lot 40, Auditor's Subdivision Number 133, except the west 478.50 feet thereof and that part of the east 235.09 feet of Lot 39, Auditor's Subdivision Number 133, lying south of a line parallel with and 159.15 feet north of the south line of said Lot 39. Fo,", No. 2R.M-UUIT CLAIM DEED I ndivid"al hI to Corpo,""ion or r"ft","~hip I\Ilnnf'~(tb Unifo,," Con"f'Y~lIdnt! OI"nk.c (191R) Mil',,'.Oltvtl Co. Mi"n....rnli5 ? No delinquent tllxes lInd transfer entered: Certificat.e of Ileal Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ ./ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ None Dat.e: _O.c.t.aber 4 , 192.L (reserved for recording data) FOR VALlJADLE CONSIDERATION, Spencer G. Kluegel and Ingrid Kluegel, husband and wife (me, it", ,tatu.' , Grantor (s), hereby convey (II and quitclaim (If) to the City of Shorewood a corlXlration real property in Hennepin Ilnder the laws of Minnesota County, Minnesota, described as follows: , Grantee, . A roadway easement over and across the easterly 21 feet of tile two parcels legally described on legal description attached hereto. Consideration for this transaction was less than $500.00. . (if morll sp8ce is needed, continue..on bed:) together with all hereditaments and appurtenances belonging ~~fel.o. ~ t / S(5encer G. Kluegel I' ," 0?t7t/ ~ Ingri~/ luegel v ., fj :'-. U,.,-" T:I~ Slalnp 11,.r,. "1 ~ COUNTY OF Hennepin } 85. 7f:t'cC;;t?e! STATE OF MINNESOTA The foregoing instrument was acknowledged before me this .qt1, day of nC:lo b4.r by _Spencer G Kluegel ann TnQrid KlueQel. husband ann wife ,19~, .... .<- .. NOTAalAL STAMP OR SEAL (OR OTHER TITLE OR RANK) , Grantor (s). [:.. .....- ,..::.:........ GI\IHY L. SIMOt~SON ~~~ ~:~~~;~~~'i~~~~~~ .~~.Y My Com,". bp ""9. n. 1995 "'~"""V:\'YA"\ 11\ ",.,., c~ ;1. ~ SIGNATURE Of' PERSON TAKING ACKNOWLEDGMENT T.. Sh.temenh tOf th. relit properly delerlbtld In lhl, In,trum"t .hould be unt to (Include "_me and addu.. 01 Ount..)r TIllS INSTRUMENT WAS D'R^.iTEDBY(N AME';;:ND ADDRESS):' Spencer G. Kluegel Attorney at Law 14550 Excelsior Blvd., 6206 Minnetonka, MN 55345 (612) 931-3005 Exhibit 0 . . Parcel X: That part of the east 235.09 feet of Lot 39, Auditor's Subdivision Number 133, lying north of a line parallel with and 159.15 feet north of the south line of said Lot 39. " Parcel z: Lot 40, Auditor's Subdivision Number 1331 except the west 478.50 feet thereof and that part of the east 235.09 feet of Lot 39, Auditor's Subdivision Number 133, lying south of a line parallel with and 159.15 feet north of the south line of said Lot 39. c ~ ''Y CITY OF SHOREWOOD MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . . Mayor and City Council Brad Nielsen TO: FROM: DAlE: RE: FILE NO. Property - 20345 Excelsior Boulevard 19 October 1994 Pastuck - Request to Vacate a Portion of a Conservation Easement . . Mr. John Pastuck has asked that the City vacate a portion of the wetland conservation easement which encumbers his property at 20345 Excelsior Boulevard (see Site Location map - Exhibit A, attached). The easement was granted as part of a subdivision and variance request which was granted by the City in 1992. The area outside of the easement is slightly smaller than what is necessary to create one more lot on the property, which is what Mr. Pastuck desires to do. Exhibit B shows the existing easement and the area which Mr. Pastuck proposes to have vacated. While staff has some reservations regarding the buildability of the property in question, the City Attorney advises us that the City is obligated to hold a public hearing on the request. The action required at the meeting on 24 October is not to approve or deny the vacation, but rather to set a public hearing date. Due to publication requirements the earliest that hearing can be held is the 29 November Council meeting. A motion to that effect is recommended. If you have any questions relative to tPis matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane J eel Dresel John Pastuck A Residential Community on Lake Minnetonka's South Shore ~-G,_ , <"i ' r' r'~' ~~/l" ,,' ': ~. ",."" t: " I ,. " ~ " I .;(',," .. "" ~3S: .~\ ,/" t~ , I ","" ....n ~ - - - - - - - - - - .. , ". :.~ '",' ~~ ., - ., . .. ,jl~~://' / "". ,----'O;U}~ ( l "", "', /"/~ //' r .,L b t :'A'~~4~'" \ . . ...-..\-;~~,,' ~'" ; :~4ti?), ~~. I 'J' "o&~ " I .j;l \: ,'"", ':),\/,\'" I -_~ "u.t '<:;" ,-r'<:f:>'''-::--'-- , , ' , , / I / I / / I I I / ./ ~/- - "", ;:,~..- :\ . /00, . ",,_----i4i---- '~t -,,/o" \~' 70 (34) '" or .... ... 43 ,.1 l-' "'\ 39 C!',.. (2) '~-. ..... ~~-~....-.--- LOT 7S ( II) ~ ~ ~ .t!( 24,) t:"/ /, . - '-':' 220 ,-' ~ ~ .- . _ ....."') _i' ~. t,.,. "-" ........ h) R...... (~q) ,.. ".f ! V rJ. 0' ~ .' .'\ ^' "",. "\ r" 140.66 II 299.06 :R PART OF LOT 49 ( 10) ~'t. ~ ~, -b.~ '0 15'R ~'~ 247. S .'. 220 PART OF LOT 49 (7) '\ , , , , (4) \ \\ 45 , , , , '. , , \"\ '., , ( 5) . , C> (6) ....... .mJ_ ): ~ .. N~~ \ "::- 2a/ ' jT (8) LOT 36 ., , , z : (28) , , (3) : , , I I I I , ..... 135.. 9 ..,~ I , '20 R ... .., ~ ~ LOT 4a I~ ,-<-:'_-- ----- -------, __" '. 99'03, : \ I \~~,' t.....;. : ~ \ .... '-.; :.~O' : "'.'0;:...... ( 25) _.10.. " . .., \ \ \ \ \ \ \ \ \ (6) ;;: , :'... .. ~ North Nett- to ~~ ~ \ \", .... ;,. ~, /' . I d" ",-r eO' " A _ . ,.,_ __ . 0':" !.! r'<Oo F' ,~".r . I v'.,o" - fAL ,. . '. , "" ,." -'..'. M." ' ' c _",. . ..,< <''', ", ' ' ., ",..' l,' ". . , (.. ,.', ./_._.-. --r ,;; Pr....-....<J -lIfA - . ~ .1,. " 0 i', rr--'; _ . ftl'ifJ/f"''' : i H ' . .//' ^ ",-in(/) , V '0" .,. en", .~\ ,:<' ; m8 ~ , ~ ~ ..' c-,e, ,_ e,. : .,;.".' i-'- f" ' · CO "0 \ ~ .~o ~ ~~' ~ ~ III '" 'U .. ~ -~ v \.JL-\-\d;^6 -\ .J) iJ'l \~ (Yl '-0 '" ~ " C'l .' ",(. ~ ,,' E...~,b,t B .. ,."" . .. . . MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474.3236 ~ORANDUM TO: FROM: DATE: RE: FlLE NO. Mayor and City Council Brad Nielsen 19 October 1994 Siakel- Right-of-Way Permit Property - 25680 Birch Bluff Road Richard Siakel requests a right-of-way permit to build a retaining wall in the boulevard portion of the street in front of his home at 25680 Birch Bluff Road. His request letter (Exhibit A). dated 29 October 1994. cites unsightly vegetation and erosion problems as the reason for building a retaining wall in the road r.o.w. Staff has reviewed the request and has arrived at a concensus summarized in the City Engineer's letter (Exhibit B). dated 12 October 1994. While certain man-made encroachments are allowed within street r.o.w. (e.g. mailboxes, driveways, etc.) the City's policy has been to keep the r.o.w. clear. The City Engineer mentions placement of sod to control erosion. In addition there are several other types of lower maintenance ground covers (e.g. crown vetch. daylillies. etc.) which would effectively resolve the applicant's problems while maintaining the natural character of Birch Bluff Road. It is suggested that the Council may wish to field check the site to confirm this recommendation. Based on the preceding it is recommended that the r.o.w. permit be denied. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Joel Dresel Don Zdrazil Robert Bean Doug Malam Jennifer McCarty Richard Siakel A Residential Community on Lake Minnetonka's South Shore 4rD~ . . . . RICHARD J. SIAKEL q '10_a.:1. -R"'i I I 25680 BIRCH BLUFF ROAO ExCELSIOR. MINNESOTA 55.3.3 I -8.305 (612) 470-4458 Attachment to: APPLICATION fOR PERMIT TO KEEP OR MAINTAIN PRIVATE PROPERTY WITHIN A PUBLICLY OWNED RIGHT-Of-WAY PURSUANT TO SHOREWOOD ORDINANCE NO. 121 Item 3 The location of the property pertaining to the application is Lot 4 and Lot 5, e~cept the Westerly 12 feet of said Lot 5, all in Birch Bluff Upper Minnetonka, with the U.S. Postal address 25680 Birch Bluff Road. The area west of the driveway access paralleling Birch Bluff Road has an existing earthen berm, beginning from level ground on the right-of way, approximately 6 feet from the paved road, slopping up to the cap of the berm, where the lot line of the property is located. The slope of the berm makes maintaining that portion of the property difficult, if not impossible to prevent unsightly vegetative overgrowth and erosion. The purpose of the requested encroachment would be to build a retaining wall along this portion of the right-a-way. The base of the wall would begin approximately 8 feet from the paved road, providing approximately 2 additional feet between the paved road and the current base of the berm. The lot line runs parallel to the road, with a separation of approximately 14 feet. The materials used in construction of the wall will be diamond beveled shaped zero slump concrete blocks, with a color chosen to compliment the brick on the existing home on the property. The maximum height of the wall would not exceed 48 inches above the level of the road on the western end, decreasing in size as it runs east towards the driveway. E~,bi+ A.\ . .. . . CERTIFICATE OF SURVEY FOR: . ' LJNDS~Y PQOP€RT1ES -. LIlJ<e MINNETONKIl (Shore/in. 09 of '1'2'1,83, €lev.: 'l'ZS.SS =-=-=~. .-~'le.'l ~ .:-..=- _~qu.".'" ~ ",;:..of.--". ....:. =-Iot : : ~; \.. , , . i 8 ~ \:.i... .. ... o 2 o o ~ .' '" 2 f fNC~ \ ~ ~ ...., ./! 6 o a: IS! ..... .3 '- " 01 ~ . ,- g l....--I :8 ' /1.' I . I ,"...., : , I I I 1 1 . I 1 o .g r;- .0 .a- o. ~~ fi :'.~ I <:3J u ~c: <8,Q ~",",,-..Ii aoil1! E c: "'1 -= 0- u '- \.U ;3~ I 4).,2 'i .,- .... eO) &:1i ctJl 4> " ;s ; .. \va.11 lOCt\fiof\ A-z. S'L "7 ... 06' L ~Z '" ... .. 00' 011 .. P...... ..O'9L.. 1 ... "\ ~I t1l rl1 0-, .\..D C'J I'- r- I:;:a"" 1 I ~. 1 J, co (' r o;:E . ( 0'"' ~I , I i-~- -d ~ \. -......... .~ _....-.....:... }if' ~ fM!JQ .dOJd ~ D -- -..1.---- ~\~ ~ I : ''-. ..... , .. "--'" .' . . . . ... . .. 00 9CC!"~ ~ ........ o s tOl ;0 'aU~\ tSdM J ...;\ .\... . ..... . -. : ....... '. . ~ --., yn"? y.: 'r~:/'JY vi' Ii <. ~ "'- 1 o --- ~ -- ~ .7 -0 ~ ~ , ~ ~ A,?J ,'\.4 ... .... III . Z:I::e ""'11I YI-!t; ::)cc>- 011I", >m ---=-- -- ~ -:::! ~~ ~~ ;:> - ~~ ~.~ .::: :::: ~~ ~-.. - '- "" "" -.. -.:::::. .,...,- ::: ~~ ,.. - a-::: -:::::. -:::: ~ s: ~1i :::: :::: ~.~ :t -E .a--.. ~ ::::: -.... ~ ~ ::::' ~ ~ ""<)- ~.~ f:~ z:::: .-:: a: == "" '- :s:~ .~~- c_ -. ~ "'" :o.c ~~. - .... ~ ~ ~ ~~. .A~~ ..I'Y ?!' . -::::: ~~ October 12, 1994 Cl)'Ii ~m~ 300 Park Place East 5i75 Wayzata Boulevard Minneapolis. MN 55416-1228 612-595-5775 1-800-75.3-5i75 FAX 595-5774 Engineers Architects Planners Surveyors Mr. Brad Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Right-of-Way Permit Application, 25680 Birch Bluff Road Dear Brad:, ' We have reviewed the permit application for the proposed installation of a concrete block retaining wall .ated within the city right-of-way for the referenced property. The proposed concrete block retaining 11 is located six feet from the paved roadway surface, with a vertical wall height of 48 inches or less. 4Ihould be noted that any retaining wall located within a public right-of-way exceeding 42 inches in . ght will require a safety fence placed along the top of the wall. A site inspection of the proposed retaining wall location reveals that the existing berm slope is typical for the properties in this area of Birch Bluff Road. The existing berm does not appear to create unsightly or adverse erosion conditions, though some minor erosion is present in sparsely vegetated areas. Construction of a retaining wall on public right-of-way may create conflicts with maintenance responsibilities, as well as future roadway improvements. The current property owner may agree to maintain the retaining wall, however, future owners of this property may claim this responsibility belongs to the city too. Future street improvements may be in conflict with a retaining wall located only six feet from the existing paved roadway surface. ace the existing berm slope does not pose undo maintenance problems, and because the proposed Caining wall may cause future maintenance conflicts, we do not recommend approval of this permit lication. Placement of sod staked in-place on the sloped areas should supply sufficient vegetative coverage to remedy the minor erosion problems. If you have any questions regarding this permit application review, do not hesitate to call me at 595-5695. Sincerely, Joel Dresel, P.E., LS. City Engineer PTII/JAD/ce H:\CML\NM\ENGlNEER\JAD\IOI294.BN Equal Opportunity Employer ~~ bit fJ - .. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: FROM: DATE: RE: Planning. Commission, Mayor and City Council Brad Nielsen . 28 September 1994 Lerohl, Howard - Setback VariancesNariance to Expand a Nonconforming Structure FILE NO.: 405 (94.23) BACKGROUND . - Mr. Howard Lerohl requests setback variances to build a detached two-car garage on his property, located at 25585 Birch Bluff Road (see Site Location map - Exhibit A, attached). He also proposes to raise his existing home, replacing portions of deteriorating foundation with a new basement. This requires a variance because the home does not comply with c1.lp'ent R -1 C district setback requirements. The subject property is substantially nonconforming, containing only 11,100 square feet of area. As proposed, the garage (shown on Exhibit B) requires a 32-foot rear yard setback variance and a 17-foot variance on the side yard abutting a street. The existing house is located approximately 20.7 feet from the right-of-way of Birch Bluff Road and 18.3 feet from Eureka Road. ANAL YSIS/RECOMMENDATION As mentioned, the applicant's property does not comply with R-IC zoning requirements. Although zoning distr!ct boundaries were adjusted in 1985 to reflect existing development, the area in which Mr. Lerohl's lot is located did not have enough small lots to warrant less than ~ R -1 C zoning. As a consequence the subject property and two lots to the east of it are relatively small for the R-IC district. . The applicant's house is very old, built in approximately 1908. It has a small, single-car attached garage on the east side. The house immediately to the east is slightly closer (16.5') to Birch Bluff Road than the applicant's~ . . It is worth noting that both Birch BI~ffRoad and Eureka Road have extraordinary right-of-way widths. While the current standard for local streets is 50 feet, both of these streets are 66 feet in width. The significance of this is that the additional r.o.w. creates more open space than the A Residential Community on Lake Minnetonka's South Shore 4-.s. It Re: Lerohl, Howard Variances 28 September 1994 standard r.o.W. For example, the boulevard portion (land between the paved surface of the street and the r.o. w .Iproperty line) of Eureka Road is 16-18 feet. The boulevard for Birch Bluff Road is approximately 25 feet. While it is not suggested that the additional r.o.w. be vacated, it should be considered a factor in the applicant's request. A. The garage. The City has recognized in the past that homes in our climate should be able to have a two-car garage. In this case the question is where the garage should be located. First, the garage can not fit within the buildable area of the lot. Further, if forced as close to the house as possible, the garage would make the applicant's rear yard virtually unusable. It makes sense to place the garage to the south side of the lot. Although the applicant shows an eight-foot setback, it is recommended that the garage be kept at least 10 feet from the south lot line. It is also recommended that the garage be placed as far to the east as possible without damaging some existing trees in the southeast comer of the lot. Given the existence of a garage very close to the street on the neighboring lot to the south and a very dense hedge along the south property line, the proposed garage would have little or no impact on the neighborhood. B. The house. Shorewood's Zoning Code contains provisions which allow an average setback to be used when homes on adjacent lots are closer to the street than setback requirements allow. In this case the applicant's home is slightly further back than the house to the east. Putting a basement under the house will not visibly increase its nonconformity. Also, the zoning code allows the expansion of nonconforming structures in order to improve the livability. thereof. The applicant's request is considered to be consistent with the criteria for granting variances. Neither the garage nor the house will negatively impact the character of the area in which the property is located. The necessity for the variances is not economic in nature, nor was it brought about by any action of the applicant. Approval of a two-car garage allows the applicant to make rea~onable use of his property. Finally, moving the garage as far east as possible minimizes the vanance. . Based upon the preceding it ~s recommended that the applicant be granted a variance to build a basement under the existing home. It is also recommended that the garage be approved 10 feet from the south property line and as far east as possible without damaging the existing trees on the lot. A specific dimension will be suggested at the meeting on Tuesday night. . cc: Jim Hurm Tim Keane Howard LerohI -2- ~~~ \,\f . No~~ , /".= Zc:o -- - isa - h s .... 3 (7) s '" I ,.. ...........9/., .' /. ....... 'V. ~~ 'v~ R ~3:, '0~ 29 (36) >'.}s 30: ( i) ~ 32 ( II) ... ,.. ':4 7 :8 "oJ. "'S. 203 203 '. . . _203 2 (17) ..... . . ..... 1~7.~ ~ ~ ( 14) . '" .,; ... .... !: ... o 39 ( 13) ',,- Exhibit A SITE LOCATION Lerohl - variances GOVT LOT .,....--..... .~ \.i ',I ". "- ~ ,1 " " 3 " '^v ~ " ~, 'I ~ ~ . ~ ~ ," ~ .........' .:; "- ~ . Q) Q) S- O "O.c I'Cl ~ I < C~::3 I'Cl .c I'Cl 0" In ~ U l.!- (J') ell.!- S- I'Cl Q) 0 COO 0 ::3 In._ ' Q.S- < S- >,- "0 CS-u ~ Q) Q)- 0 ::3 C -. > Q).-.- Q.Q) ~ < I'Cl S-....J::3~ ~ ::3 .Q 1'Cl~ S- O . In In - UOO ~ < '-O'l-OC r I'Cl c'- In ( In ~- In~ ~ ~ -l.!- U~"O Q) C ~ .co OlnQ)O Q) ~ -.- In"OE " ceo x 0 Q) U , ~'O .Q) Q.~ > Z ~ 1'Cl- - 0.......0 - ~ .c ~__ S- S- o< ~ I'Cl - Q. o Q. . S- . ~~1'Cl C E t!J Q) .~ >'Co Q) 0,- 0:: ~ .: l.!- Q) ....J l.!- .c .- lI.J S- .. - In O~~ S- eo ~O'1'Cl -; ~ Q) l.!- .- Q) Z co('\") E " S-S- Oc"O"O.c 0 I ~ Q)Q. OC"O~ 0:: ..- II C " ... UQ)In_ 1'Cl1'Cl0 t!J N 0 Cl s...Q)~ 1= S- v >. .- I'Cl -"0 >. ~ co-...... ~ - -, --- ~S-U CQ)C S-"" Q)UI'ClO 0 InI'Cl Z ~ ~ S- Q)"o- Q) O. In ...... Q) 0- \.I .. Q) S- C S- Q.3:~ L.l.. Q)- ;. " ~ .c S- ::3Q)Q) 0 0 C L.l.. ~1'Cl Q 0 o.c.c s-.c Q) 0 I'ClU -- . ...... U.Q~~ Q.lnE U Cl (J') 0 0- 4: "it, ~ , , , I I _.-1 I ..: I --~~-, I . .~ 'z J S 'i f' 5 (j I '" . .- j ,- -~ I / ~I IS' ~ I .... i~ I 'f /I"l I : : : ~; !!; 'f '.' ~ , 2+.2 .~~ ~~ .~ _i \.i:S'::t --;j;'- - --:-- O'O!.\ -- ~ ':\" . , ... .... ..J "" L'LZ - - '" .,.. ,..: N .' k~; J ~ -t.. . . ." '/ I O'ZZ "" 8C " o Ch :1i :- S ct'l' o"ZZ .,.n' .~ :- '" to ."DZ r-: di: -: ~'O'i. O' ~I .. .... ,-+-. ~ I .JI ..g a'Qo~ .JI ... "d >\.3 ~ nj Exhibit B SITE SURVEY .." . . . September 9.1994 From: Howard C. Lerohl. Lot~ Blockl. Lee's Squa~e To: ShoreHood Planning Commission Subj: Request for variance 1. My house at 25585. Birch Bluff Rd. was built about 1892. Accordingly it is a non-conforming structure with regard to today's ordnances. 2. It is requested that I be granted variances to: a. Build a new garage in the southwest corner of the lot with a driveway to Eureka Road. b. Excavate under the existing house. that wich is not excavated. and put new foundation under the house as indicated in the drawing. c. Add one foot to the width of the porch on the north side of the house. Encl: Survey and drawing ~i<krelY;o./l11 -Io.-.lJ ttA{A ~l/~vU'{l(l'l I Howard C. Lerohl .~ . Exhibit C APPLICANT'S REQUEST LETTER . /0 LEGAL NOTICE PUBLIC HEARlNG CITY OF SHOREWOOD \.)\..: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Shorewood will hold a public hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Tuesday, 4 October 1994 at 7:00 P.M. or as soon thereafter as possible. The purpose of the hearing is to consider a request by Howard Leroh! for approval of a setback variance to construct a detached garage on his property located at 25585 Birch Bluff Road. The property is legally described as: "Lot 1, Block 1, Lee's Square, Hennepin County, Minnesota." P.I.N. 28-117-23-33-0022 Verbal and written comments will be considered at that time. Anyone having questions relative to this matter may contact Brad Nielsen, Planning Director, or Patti Helgesen at 474-3236. City of Shorewood JAMES C. HURM City Administrator/Clerk To be published 21 September 1994 (Sailor) I.~tc.{ ~L ., flir/wptt~l {J;;"m"L~1.Lh~1 -I~~~~h~~ ~~-$.~d-~ r7tc . '~ flL-~ d Z-5l7?5 ~Mff ;/~~. pJI/ 3?7~~~ Mr. and Mrs. James C. Marshall 5:320 EI_lI'-eka Rd. Shorewood Mn~ 55331 September 30, 1994 City of Shorewood Brad Nielsen, Planning Director 5755 Country Club Rd. Shoerwood, Mn. 55331 This is in regard to the request by Howard Lerohl for a setback variance to construct a garage on his property. We have no objections to his request and would strongly urge the Planning Commission to grant his request since it will enhance rather than detract HO. hi S pl'"opel'-ty. F<espect.full y, Jim & Judy Marshall. .6jt(~ . / (L~,-, (L Vl{v"-</4L v J- . .. ~ MAYOR Barb Brancel COUNCI L Krist! Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILENO.: Planning Commission, Mayor and City Council Brad Nielsen 29 September 1994 Cunningham, Pat - Simple Subdivision/Combination 405 (94.24) BACKGROUND Mr. Pat Cunningham owns the southernmost lot on the west side of Ridge Road (see Site Location map - Exhibit A, attached). He also owns land immediately south in Chanhassen. In the process of subdividing the land in Chanhassen, he proposes to rearrange the southerly lot line of the Shorewood lot (see Exhibit B). The Shorewood lot is zoned R-1A/S, is vacant and contains approximately 23,310 square feet of area. The proposed division will increase its area to 27,829 square feet. The width of the lot will also be increased from 47 to 92 feet. .- ANAL YSIS/RECOMMENDATION The applicant's lot is somewhat substandard for the R-1A/S zoning district. Nonconforming lots of record are required to meet at least 70% of the minimum width and area requirements to be considered buildable. In the R-1A/S district a lot must have 28,000 square feet of area and 84 feet of width to be buildable. Although the proposed lot is 171 square feet short of the area requirement, This is well within the accuracy range of the instrument we used to measure the lot. Both the increased area and width are considered significant improvements to the lot. The proposed division/combination results in a small triangle of Shorewood property being connected to a Chanhassen lot and a larger triangle of Chanhassen property being connected to a Shorewood lot. To avoid problems associated with four taxing jurisdictions (ChanhassenlCarver County and ShorewoodlHennepin County) it is recommended that the applicant direct his attorney to prepare protective covenants stating that any structures built on the Shorewood parcel must be built north of the municipal boundary line. Similarly, any structure built on Parcel 2 must be located entirely south of the municipal boundary. It is further recommended that the covenants legally tie the Chanhassen triangle to the Shorewood lot and the Shorewood triangle to the Chanhassen lot. A Residential Community on Lake Minnetonka's South Shore 4-. t= ' . .- Re: Cunningham, Pat Simple Subdivision/Combination 29 September 1994 Based upon the preceding it is recommended that the subdivision/combination be approved subject to the following: 1 . The City of Chanhassen must approve the proposed division/combination. 2. The applicant's surveyor must provide the following legal descriptions: a. The existing Shorewood parcel b. The triangle to be connected to Parcel 2 c. The triangle to be connected to the Shorewood parcel 3. The applicant's attorney must prepare protective covenants setting forth building restrictions and legally combining parcels as recommended herein. 4. The applicant's attorney must prepare an up-to-date (within 30 days) title opinion for review by the City Attorney. 5. Items 1 - 4 above must be submitted to the City within 30 days after Council approval of the request. Once these items are received, a resolution will be prepared for final approval by the Council. 6. Once approved by the Council, the final resolution must be recorded with Hennepin and Carver counties within 30 days of said approval. 7. Since no new lot is being created, park dedication fees and local sanitary sewer connection charges are not required. cc: Jim Hurm Tim Keane Joel Dresel Pat Cunningham - 2- .~ .J;>' ~ 8 (17) 422.76 , ~ IE Q.: ~ -../ ~ :;; ~ "I:" /5 E! ~ '- ~ ~ ~ .. NCY'th , . II':; '2..t::D . . : ( 9) c ( 18) ~9'3'7''33'. .call. 5!l EAST 48"3. 2 8 ( 12) c.~r\~~? ~t.~ ::A \,,€( ~~.e.,; 6vbje~t ~\~~ ":'; /F' ~t\ ~1 .~. N6e'I~'~,,_l'\I~ .... R.? '.:: . . Z r ?>'? I~ ~ D~C ..0 (lU t:..~t)~ Z4e lOll l' r \ '" . Srore\,vood _ c..M~rA?~ 15:t J;I'''' OO::S~ - 558.09 RES Exhibit A SITE LOCATION . . Cunningham - lot division/combmatIOn GOVT LOT 7 --... of -~ / " ~~c:;.7C;';r,C::-~~ I e QI'~ ~ " ~._ \.. ~ ("_ :::>., ~.. 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'1.5'1 =tI--., OV 5'Eovl =17 ; J.~e.J.L '<l'te-, 'S'" nO~, 'SE:1-. ;( epunoq AI 3'~, S'Lo~, ~_ OS. . <ewl<!J" j 0 J ':'Moo' .'00 -0. _ _ , ,.. LZ 'LEZ.i:J '"'. / I _ ___ _'~ ../O.9-voEZ =17 , ~ :JS'!16.1 , '---~/~. . "!;)/ /.c.,.'7 '<0 o.s"'P '/ to I 1 : -I .-----1. \ K~~o~\;; 'J, <,'" l' - ("... 6b in t:-l r ..> -0 I - C "0, I c> - -v ll)"': I...... <____ 0 ~ I ~ 0)'" ' ~ r: I ~ Z ~ CI) ~ C) 8: ---~ ..J u.\ ~ o V; ... ~ C5 o ll..I (f) o Q.. o It tl ,. . ~ ~ - ~ ~ - - '" lli o ~ <-) (t. cd. I:t qJO) CUll) :i~' : of -1', J I _---__ 0, Sb'~...LSI&HJ \ <:C:::L \\-:. \ '3 \ \~. \ ~ .. . ,~.. \ "~p \ '/ ....-<.... ..J u.\ cd. Exhibit B DIVISION/COMBINATION PROPOSED ~ . . To: Mayor and City Council From: , James C. Hurm, City Administrator Date: October 19, 1994 Re: Recycling Contract Please find enclosed a copy of a Request for Proposal (RFP) for recycling services. Paragraph~one of page one will detail our purposes. The Lake Minnetonka Recycling Group (LMRG) has met on several occasions to consider the need for and the scope of a new contract for recycling services. A comprehensive proposal was developed after meetings with five separate service providers to advise us of collection methodology and market availability for various products. We received four (4) proposals. Listed on the following page are the costs for services and costs for revenue sharing for each proposal. At our last meeting on October 12, the consensus of the LMRG was to recommend to the various City Councils that contracts be awarded to E-Z Recycling Inc. E-Z currently has contracts with New Brighton, Arden Hills, St. Paul NEC, Orono, Medina, Maple Plain, N. St. Paul, Spring Lake Park, Loretto, Independence, Long Lake, Dayton, Corcoran, Falcon Heights, and the West Hennepin Recycling Group. The coordinators for 9 of their programs have been called. We received glowing reports from each one. enclosed: RFP E-Z Recycling Proposal #5 f Randy's Waste E-Z Sanitation Management Recycling SA Option A $2.05 $2.00 $1.85 $2.75/2.60 (maintain current Program) Option B $2.00 $1.70 $1.70 NA (collect twice monthly) Option H $0.05 N:; N:; (mixed paper) Option I $0.05 $0.12 N:; (boxboard) (pilot program for Wayzata) Option J $0.08 $0.40 $0.30 . .. (textiles) Option K $0.05 N:; N:; (telephone books) Revenue Sharing: NA NA News o - +45 15 Cardboard +50 - +100 +20 Mixed Paper +10 - +60 Magazines +20 - +80 . Telephone Books -10 - +15 Box Board o - +15 Aluminum +900 - +1350 Plastics -100 - +60 +36 Bi-Metal o - +70 +570 Glass: +30 Clear o - +55 Green o - +25 Brown o - +55 Page 1 OCT 20 '94 08:41 CITY OF WAYZATA REQUEST POR PROPOSAL . SCOPE OF SERVICES 1. Collection: Recyclables: Recyclables should be collected at th~ curb and currently consists of the following materials. A. Newsprint- all newspaper materials inclUding inserts. B. Carciboard- all uncoated corrugated cardboard. c. Aluminum- all food and beverage containers including foil. D. Bi-ntetal- all food and beverage containers E. Glass- all food and beverage containers. . F. Plastics G. Magazines/catalogs/glossies 1. P.1/7 \ \ , 'OCT 20 '94 08:41 CITY OF WAYZATA OP'I'!ONS: In your proposal you may include a per household per month cost to collect additional items. The fOllowing is a list of items we would have an interest in collecting if cost effective. Please note any other iteos which you may be able to collect and the cost per month per household for each item. - H. Mixed residential paper I. Boxboard J. Textiles K. Phone Books 3. Facilities to be collected from: A. All single family dwellings. (1-4 units) B. All 5-8 unit apart~ents and townhouses. C. All city owned and operated buildings. D. Recyclables are to be collected at the curb, except where the dwelling is more than 300 ft. from the curb or the residents physical abilities are impaired. 4. Equipment/Operator requirements: A. The Contractor must obtain all pertinent licenses fron the County and Cities. B. All vehicles must be maintained in proper working condition and available for inspection by the city or County. c. Vehicles should be equipped with warning flashers, backup alarms, a broom and shovel for spills and the Contractors name and phone number prominently diSPlayed on both sides of the vehicle. D. Vehicles must be desiqnated for recyclables collection only. All such vehicles must be clearly signed on both sides as a recyclinq collection vehicle. E. Vehicles must be kept in good operatinq condition, comply with all state inspection requirements, and be kept neat in appearance_ Generally this shall mean washed and painted regularly. 2_- , . P.2/7 . . . . OCT 20 '94 08:42 CITY OF WAYZATA P.3/7 F. !n the event that a vehicle, other than the type specified in the proposal, is .to be used the contractor will be required to notify the City. .Notification must be one month in advance, in writing, with written approval from the city. The Contractor must then provide education tags to all residents in the collection contract. One time exception due to unforeseen problems may occur. The service provider must notify A.S.A.P. prior to collection. G. Equipment operators must meet all Federal, State and local licenses and operation requirements. 5. Reporting Requ'irements: ~he contractor must'provide certified weight receipts for all collected materials within 15 days of the month for the previous month. If recyclable material is not weighed individually the Contractor must indicate the procedure that will determine individual material breakdown. The Contractor must report, by individual material and a~ounts, where materials are delivered for recycling. If that entity is a Broker only then the Contractor must report what end ~arket the Broker used. Summaries by Srokers and end markets must be provided within 15 days of the end of the previous month. If collected materials are stored for a period of more than 30 days, the amounts of materials by type and location of storage must be reported to the cities. A method of counting households participating in curbside recycling must be provided to the cities during the months of May and October. All cities are currently using olick counts except Excelsior which uses. a bar code reading system. 6. Product Retention: Any interested cities reserve the right to retain 25% of any material collected for market development purposes. This clause will address cities willingness to aid local companies develop new use for product. It will further be the intent of the cities to reduce costs in the event that materials attain any significant plus dollar value. The cities would be interested in neqotiating a lower $jHH/month in lieu of product retention. This can be addressed in the revenue sharing clause in this document. 3. " OCT 20 '94 08:42 CITY OF WAYZATA P.4/7 7. Contract Dates: Contract dates shall cO~aence 19__. Proposals should be provided for both three (3) and five (5) year contracts. Proposa1 Options: current1y the cities of Excelsior (Monday), Mound (Monday & Tues.), Shorewood (Wed. & Thurs.) and Wayzata (Thurs.) are being collected every week. spring Park and Minnetonka Beach are collected every other Friday. spring Park also has ~ Apartments collected each week. Excelsior will need to remain on Mondays to coincide with trash collection. Each other city would like to retain the same collection days but would be amenable to change. Each City is collecting (source separated) items A-G. Please indicate type of collection. co-mingled vs Source Separated. pronosal oot~on A Haintain Current program including collection from all city operated buildings and Excelsior Commons. . . ~~ Curbside S/HH/l'llonth (3 yrs) Curbside $/HH/:month (5 yrs) Excelsior Minnetonka Beach Mound Shorewood Spring Park Wayzata Proposal option a Curbside collection twice monthly of item A.-F. from all single family thru "eight-plex residential units. .," Twice monthly collection at all city Bldgs and ~xcelsior COIiUilons. city ~ Curbside S /HH /l'llonth ('3 yrs) Curbside $/HH/l'llonth (5 yrs) . Excelsior Minnetonka Beach Mound Shorewood Spring Park Nayzata 4. . 3. 4. 5. 6. . 7. 8. 9. 10. OCT 20 '94 08:43 CITY OF WAYZATA P.S/7 Option Items: (3yrs) (svrsl H. I. J. K. Sub~i$sion Requirements: 1. Proposers utilizing city maps contained in Appendix A must provide detail as to proposed collection routes. Routes in any given day can cross ~unicipal bOundaries .but trucks, both satellite and main trucks, must be empty when changing from one municipality to the next. proposers must report where collection vehicles will be starting and mileage and time from there to the route starting points, average route length and time to complete route average number of homes on the routes, time to and location of route ending points. 2. The number of vehicles to be used by the proposer, identifying types, ~odel numbers and capaCities must be supplied with this proposal. The number of personnel to be used on each truck. Proposers must identify where collection vehicles will be delivering materials. A plan to educate and train drivers must be submitted. A plan for education for residential users of the . service. Proposers must be able to show proof Of their ability to obtain proper bonding and insurance. Proposers must be an equal opportunity employers. A plan for end use of all collected materials, including contaminated ~aterials. Proposers must provide a contingency plan in the event that a vehicle or operator is unavailable. 5r OCT 20 '94 08:43 CITY OF WAYZATA . . 11. Please report your recovery rate for the past 12 months. E.G. if 10,000 lbs was collected what % was disposed of as solid waste and by what materials. 12. Identify any change in collection days. 13. It is the intent and purpose of the cities to provide the best possible service at the lowest possible price for its residents. For this purpose please include any additional information, material or proposal options you feel may help us in our decision. 14. Please include a contingency plan for-holidays and inclement weather. Revenue sharing: Please address a revenue sharing system. This should include a beginning/current market value of items collected. 6. P.6/7 . . E:Z RecV;Jin9) Inc. 875 N. Prior Avenue. SI. Paul, MN 55104 (612) 644-6577 October 10, 1994 Sonny Clark Recycling Coordinator 600 E. Rice street Wayzata, MN 55391 Dear Sonny, . E-Z Recycling, Inc. is pleased that 'you requested us to submit a R.F.P. for your curbside recycling program. If you are interested in providing superior recycling service to your residents, E-Z Recycling, Inc. is your only choice. At E-Z Recycling, full commitment and dedication is the strength behind our service. E-Z Recycl ing bel ieves in invol vement with a ci ty. We have participated in city wide clean-up days~ parades, League of Women Voters awareness programs, area food shelf programs and community education programs. We look forward to the opportunity to service the ci ties of Excel sior, Minnetonka Beach, Mound, Shorewood;:;. Spring Park, and Wayzata. We wi 11 work wi th all cities for'a".,lery smooth t ransi ti on. Our company motto is "Quality Service" Is:;qur onl y Job". . Ra:~:;::~:' Chris Reinhardt, C.E.O. E-Z Recycling, Inc. CR/slo An AA/EO Employer · Printed on Recycled Paper with Soy Ink @ 7. Contract Dates: <; +- Contract dates shall commence -:'\o..~. \,..... 19~.. Proposals should be provided for both three (3) and five (5) year contracts. Proposal Options: Currently the cities of Excelsior (Monday), Mound (Monday & Tues.), Shorewood (Wed. & Thurs.) and Wayzata (Thurs.) are being collected every week. Spring Park and Minnetonka Beach are collected every other Friday. spring Park also has all Apartments collected each week. Excelsior.will need to remain on Mondays to coincide with trash collection. Each other city would like to retain the same collection days but would be amenable to change. Each City is collecting (source separated) items A-G. Please indicate type of collection. Co-mingled vs Source Separated. . Proposal option b Maintain Current program including collection from all City operated buildings and Excelsior Commons. city Name Excelsior Minnetonka Beach Mound Shorewood Spring Park Wayzata Curbside S/HH/month (3 yrs) -\'.1~ , . <t\ <;" -\' ~5 .f,5 \ . <i< c:;- Curbside S/HH/month (. ~ ~s ) \ \ 65'" , . fs S \ ,<;{~ \ ' /, ~ \ ' ?is- Proposal option ~ . Curbside collection twice monthly of item A.-F. from all single family thru eight-plex residential units. Twice monthly collection at all City Bldgs and Excelsior Commons. City Name Excelsior Minnetonka Beach Mound Shorewood Spring Park Wayzata . Curbside S/HH/month (3 yrs) 170 . i, 7() 1171 1,7d /,7d 1.7(} Curbside S/HH/month (5 yrs) j, 70 /,70 /,70 /. ~o i. JIJ 'I · 7{1 -' 4. Option Items: (5yrs) ~ (C .30- N/f.- (3vrs) H.Jl4 ~ I. J. · 7Jr K . \-t (,... t Submission Requirements: . 1. Proposers utilizing City maps contained in Appendix A ' must provide detail as to proposed collection routes. Routes in any given day can cross municipal boundaries but trucks, both satellite and main trucks, must be empty when changing from one municipality to the next. Proposers must report where collection vehicles will be starting and mileage and time from there to the route starting points, average route length and time to complete route average number of homes on the routes, time to and location of route ending points. 2. The number of vehicles to be used by the proposer, identifying types, model numbers and capacities must be supplied with this proposal. 3. The number of personnel to be used on each truck. . 4. Proposers must identify where collection vehicles will be delivering materials. 5. A plan to educate and train drivers must be submitted. 6. A plan for education for residential users of the service. 7. Proposers must be able to show proof of their ability to obtain proper bonding and insurance. 8. Proposers must be an equal opportunity .employers. 9. A plan for end use of all collected materials, including contaminated materials. 10. Proposers must provide a contingency plan in the event that a vehicle or operator is unavailable. 5. , Submission Requirements 1. Proposers utilizing city maps contained in Appendix A must provide detail as to proposed collection routes. Routes in any given day can cross municipal boundaries but trucks, both satellite and main trucks, must be empty when changing from one municipality to the next. Proposers must report where collection vehicles will be starting and mileage and time from there to the route starting points, average route length and time to complete route, average number of homes on the routes, time to and location of route ending points. . E-Z Recycling trucks will start routes in the west and mainly work east. Trucks will leave our shop at 6:30 a.m. and arrive on route by 7:00 a.m. Routes should typically be done by 3:00 p.m. ending in the most eastern part of the city. 2. The number of vehicles to be used by the proposer, identifying types, model numbers and capacities must be supplied with this proposal. 1987 International Harvester Sl754-recycler 25000 GVW 1992 International Harvester 4700-recycler 25000 GVW 1990 Mitsubishi Fuso-recycler 15000 GVW . 1989 Ford Super duty 350-recycler 15000 GVW . 1989 Ford Super duty 350-recycler 15000 GVW 1985 Chevrolet C30-recycler 15000 GVW 1989 International Harvester 4700-recycler 21000 GVW 1989 International Harvester 4700-recycler 21000 GVW 1984 Chevrolet C30-recycler 15000 GVW 1984 Ford F350-recycler 15000 GVW 3. The number of personnel to be used on each truck. In Spring Park, Minnetonka Beach and the Enchanted Islands, we will run one route driver. The rest of the cities where their is some heavier tonnage, we will use 2 persons per truck. 4. Proposers must identify where collection vehicles will be delivering materials. Materials to be delivered: Glass - Anchor Glass, Shakopee, MN Aluminum - Anheuser Bush, st Louis, MO Tin - AMG Resources, st Paul OCC - Waldorf, st Paul. Plastic - Phoenix, Roseville Newsprint - Globe, Cornell, WI Energy Zone, Buffalo American Insulation, Bloomer, WI Waldorf, st Paul . 5. A plan to educate and train drivers must be submitted. E-Z Recycling has established a comprehensive safety and training program. Our program 'has been in effect since 1988. We have attached copies of Certificates from the National Safety Counci 1 . Each driver must take the 8 hour course each year. Attached are copies of our Safety and Driver Training policies, along with a copy of our driver's manua 1 . 6. A plan for education for residential users of the service. . E-Z Recycling has found that in Shorewood some of the households were commingling materials. E-Z Recycl ing wi 11 take the acceptabl e material and leave an education tag. Dispatch will be notified of each education tag issued and the reason for the tag. This information can then be faxed to the city. The education tag will inform the resident of source separation and the proper way to recycle. Faxing the information over to the city will keep the city up to date on the service being provided and the problem stops. If the household keeps commingling their material after two education tags, the third time the material will be left with an education tag. 7. Proposers must be able to show proof of their ability to obtain proper bonding and insurance. At tached is proof of insurance and bonding for E-Z Recycling. E-Z Recycling will provide all of the cities a certificate of insurance as we did with Shorewood. 8. Proposers must be an equal opportunity employer. E-Z Recycling is an equal opportunity employer with a strong affirmative action policy in place if considered for the RFP we will supply all of our EOE - AA information. 9. A plan for end use of all collected materials, including contaminated materials. All material collected will be marketed for recycling through E-Z ,ecycling's MRF Material Recycling Facility. Contaminated material will not be picked up, it will be tagged with an education tag and left behind. 10. Proposers must provide a contingency plan in the event that a vehicle or operator in unavailable. In the event a vehicle is down, we will use another one. We have plenty of trucks to take care of this contract. If a route driver is sick or missing, the route supervisor will take over the route. Next in line is the route dispatcher and then management. We will never nhot tPick uPThbecaluse oftrucksld or, personntel .. s or age. e on y way we wou m1SS a rou e would be due to inclement weather. 11. Please report your recovery rate for the past 12 months. E.G. if 10,000 lbs was collected what % was disposed of as solid waste and by what materials. Because we are careful of what is taken and what is tagged, 99.9% of all source separated material that comes into this facility is recycled. There is an occasional light bulb that gets disposed of as solid waste. 12. Identify any change in collection days. There will be no changes in any of the collection days. . 13. It is the intent and purpose of the Cities to provide the best possible service at the lowest possible price for it's residents. For this purpose, please include any additional information, material or proposal options you feel may help us in our decision. E-Z Recycling will add mixed residential paper and phone books to your collection at no extra cost to the cities. E-Z Recycling will help to educate the residents by dropping flyers, brochures -and/or recycling information in the resident's recycling bins. We will do anything we can to make this a very smooth transition. 14. Please include a contingency plan for holidays and inclement weather. Holiday and inclement weather will be handled on the next day's service. Revenue sharing: Please address' a' revenue sharing system. This should include a beginning/current market value of items collected. E-Z Recycling will pay revenue sharing of 50% of the exceeded unprocessed local spot market (ULSM). The ULSM price per ton will remain the same. . MaterialULSM News (loose unbaled) Cardboard (loose unbaled) Glass (mixed unsorted) Plastic (mixed unsorted) Cans (mixed unsorted) Price Per $15.00 $20.00 $30.00 $36.00 $570.00 Ton Note: Newsprint has been at $25.00 / ton since August 1994. In this case your would receive material revenue. If you choose a five year contract, after three years, there wi 11 be an annual increase based on the CPI of around 3% over whatever the time dictates. . rr:-:~...-.:; 1 ( , '-...-/ L2 3 4 5 {0 6 7 8 9 , , " ' ---- 10 SAFETY POTJTCY SAFETY ;', :! :: : TRA INH'G )~ft.}; .:...."iti~f:i('II; "\~~;:f. . ~.:.. ';.~. ....'...; ,. ~ " t. DR rVF.'R MF.F.'J'r1'-'C:~ ..~.t;J~i:; ~;:L:'~,::~~~J;n~':~ ',;i:;'r.~:j~*}~t~ 'fI'.",4:',l~~ ~ ~"'~~~~il~~~l ;', '. .. ';~\~t ~,'ii;j~;i{t .:","".. DRIVERS M2\J\'U~L HEADY nmEX'Y lNocxn:G SYSTEM :.~. .. ~.." :(',:';;" . e.,. E: Z Recvstin9) . Inc. 875 N. Prior Avenue. SI. Paul, MN 55104 (612) 644-6577 .,.r ~. )- E - Z RECYCLING,. INC. " ,', SAFETY MANUAL .;- - , An AA/EO Employer . Printed on Recycled Paper with Soy Ink @ E-l RECYCLING, INC. TITLE: Safety Goals Responsi- bility for Safety Program Compliance with Federal and State Regulations Cu',:;tomcr P rocedu t'Q':, .)" ~<~~.;.:-:'--;.~ -:~ SAFETY MANLJAL"':1~ ,.:.. , , ~""L~' '~~~~lltl Company Safety Pq~}CY . j,~' :.' 'i).:)":' The Company's safety program has these goals: 1. Prdduction without accident or injury~ .(',~ 2. >'.'. Reduction Of,'W\losses by prevention; ot':':' ;} personal iJi'juries, accidents, fires,>~': ca rgo losses,' and ha rm to ,,'the ',): envi ronment ~':i>;: ,,' '+id: :: ..'~,"" l't. The safety program requires employees management to wor~ tbgether as a team. !-; ., , H~~'~ " -'""...- The responsibi lity and 'mai ntenance\l6f' the{;:7,:ti! program directed:" to' the goalsabove~'is': aN!~i ~.~ ~ ... . - -. :l;~:,' 1"11 basic responsibili ty of management. Accidentns.Y prevention is a "manag'ement function equalto~rJ other controls:.f6f cost' and quali ty,+ that~;:i" affect profitab:(i.:'ity. The company..-:;s~,f,eity, program has the~;full and active endorsement, of management. ~,rTt'le safety program will"'have the complete c06perationand, support of~all personnel. Management personnel will' be;(held responsible forC~tthe actions of emplo'Yees. under their su~~~~isi~nfor the maintin~~cel of safe workihg ", conditions " in,,,~their;~: respective areas\';}andfo r " strictenfC;"rc'eme'nt' #_::::i)~ -': . ':~;.i, -"~ - ..,:j, " - ,-:- ;'- of all authorized.;safety/;rules,; . proceClu res . ';~d;(.s;~~l'-':'--" ,~" - " <.:; _~; ;_";;'\:i-:'l-';~':~;..l'1f-~-".~ -; . and regu la tlons"":!'"'''''':' ,,',>i'i':"'.;,...,',,' ':~1-~fj'i'; ,.;', ,,;.;'.!~l}Fll:i!i,: ' " In the planning ,:admi nis t ra tion and execution',., :':. "''- of the company,' s operations, complete<::;~;'jJ'i:T:::~.' compl iance wi.th:;:all federal department' of 'F'::}<-~(;;:~m: . _,}"." . ~";r.-~,";.>>':!.'.l~""l~'~,;"( . transportatlon regulatlons, and related state,~-:,;:J~,;';fi;t{1J! laws and interp're'tations is required of ,!,11.,:~,~:~~):.1> management and employees. In the plannlng,:;;;i;.;,/' and administration of company offices ..and'.'::;.:-:'-- shops, and in those portions of the driving\,:';l";~;, operation subject to its regulation, the company's policy will be full compliance with the Office of Safety and Health Agency regulations, rules and applicable laws. Company policy will be full and completely in compliance with state and local law except in those situations where these laws or ordinances are ruled to be in conflict with fedet'al legislation or federal legislation which takes precedence over state regulation. .,>~;:: . T\)(:\ culllf.)ony will make every effort to comply with customers' procedures, rules, and regulations where these procedures do not E-Z RECYCLING, INC. Safety Training Safety Equipment . Enforcing Safety Regulations . SAFETY MANUAL~ conflict with federal, state. or local laws or ordinances or'~stablished safe practices. Where compliance 'with customer requests is not possible, the customer will be so notified. Motivating employees through tr~ining. supervision and recognition isa requisite to operate in accordance with the highest possible standards' of courtesy. customer service, safety and professional skill. All personnel will be trained or instructed to perform their duties in accordance with standard methods 'for the operation. Methods will be reviewed!'regul~rlY to make sure they are current, correct and safe. Safety devices and personal prot~ctive equipment will be:furnished as appropriate. The use of such devices and equipment in ,_ accordance with procedures will be mandatory. " All super-visory personnel have to enforce and are responsible safety procedures and Disciplinary action will accordance with uniform rules governing such discipline. the authority for enforcing regulati'ons. be taken in and procedures E-l RECYCLING, INC. SAFETY MANUAL TITLE: Issue to New Driver"s Discipline Training Drivers Manual The company Driver's Manual covers company rules and regulations for driving. This manual' incorporates the knowledge gained from many years of driving. A copy should be issued to each beginning driver, who should sign a receipt for the manual. ;_1 ;' '1 The paragraph or. paragraphs relating to each viola tion should ;' be ci ted whenever a warning letter is issued~' This manual should be used as a guide and text in driver!s meetings, training of drivers and as a guide to managers., The application of knowledge contained in the Driver's Manual.!:, can make the difference between a perfect safety record and a costly accident for drivers who understand and follow the procedures. .',; ~::;; '.~ ._,; :i:_:_: _ ;.~,: '.'\~:":::r;/ ~':--. :r-:,~'!'" ~<':' . > ;,t:., "~f:,;:l: ",:L ~l'~~j~~ it.:::~ . E-l RECYCLING, INC. SAFETY MANUAL TITLE: Group Training Frequency of Meetings Planning Safety Meetings . Location of Meeting . Conducting the Meeting Safety Meetings Group training in employee meetings will be used whenever possible. Group meetings are employed to announce and train in new methods and equipment, to discuss problems and to, recognize employee achievements. Such meetings provide for an economy of managerial time since they permit one report, discussion or presentation to reach many people. Safety meetings will be held at least times each year. Planning of safety meetlngs should involve a review of problems to select those p~oblems which should be discussed. This review should include recommendations of supervision and employees. Meetings should cover no more than three or four principal problems. Special assistance with the meeting should be requested after the main subjects of the meeting are planned. Sources of assistance include customer, representatives, patrol officers, representatives of regulatory administrations and company supervisors. Films, slide programs, demonstrations and special exhibits ~hould also be used whenever possible. ...~ .,;' Select a proper place for meetings. vJ should be planned~small. It is better ,to add. a few chai rs than' to have a number of empty seats, indicating,l~~;-a lack of interest. "Under no circumstances~hould the meeting be set up in a way which' suggests a separation between employees and management. Safety meetings ',should move rapidly on a f riendl y basis. ".~' Every problem shou ld -be approached from the viewpoint of the joint, mutual concern of employees and management. Opportunity for questions and discussion should be given. Specific action should be planned whenever possible. Limit the meeting to the planned schedule. Close on time but welcome discussion and visiting after the meeting is closed. Discipline must be a private matter. This standard must be adhered to in meetings and should be clearly l,m<iflx,::,tond by all employees prior to any meo.t.inq. '. E-l RECYCLING, INC. SAFETY MANUAL Meoting A report of the meeting should be sent to management immediately after the meeting is held. The number of employees eligible to attend, topics discussed, recommendations or decisions made, guests and special material used. .<,,~,:{:, ::;,\; .'i . .,,~tj;\:/Yf;: );.l:);J~.;~..~:+~ ., ':""~: ,/.,j'~ ~;::::'. ," '.,' - . ;.,:'J:"-::!:;E~?:;(;' :~:~ .:,;~,:-.~;~~I~_W' ,,-;~.'~. ~~.~>i~:\f~:~ '(.:;.,:<tT'" ,-:.:1-,' -. ..-.;, , ',,'. ~: '-~' .:. " ',::.' ""',. "n ...;" ,..... -.- -:-l.;'.' ~ f:~~{->:;~Jh!t ':~' \:i~t/:\:~g~~{~~'. ~_.-!~,i"~ ~ ;t~~:;s.;". . , :' ~ ... .;~.,: :;:~~~;..;. :;,ti:, j~~;W~]~ft} , :;$ ~~ {L. j.~~ :i;~ ~~;;f; ~!~ ,~)~I' 'j~ ~..1Bi~:t :~~~:,~~~ ;iI~il E-l RECYCLING. INC. SAFETY MANUALi' TITLE: Bulletin Boards Special Bulletins . Retraining Program . Bulletin Boards and Training Materials 1. Employees with accidents should defensive driving prevent that~type ~,- i:' Bulletin boards present a medium for continuous employee training. Bulletin boards should be used for fresh, new information. special information and instructions. They should be changed frequently. Permanent notices should be framed or covered with plastic. When material clutters:~~or piles uP. it should be removed. Special bulletins sho~ld be distributed to all personnel. The bulletins outline problems, remind/of deadlines and provide information about.the record. If a violation occurs, management should make sure the employee~ understands the correct procedure, the reasons for the method, and retrain until satisfied the employee is proficient. Reasons for retraining include: chargeable vehicle be retrained on practices which would accident. 2. Employees instructed injuries. haying injuries . practices E-l RECYCLING, INC_ SAFETY MANUAL TITLE: Training Responsi- bility Individu- alized Training Selection of Driver Trainers Training Driver Trainers On-the-Job Training P,-ocedure Driver Training Training activities make up an important element of the company safety effort. Training will be conducted by driver trainers and otller personnel assigned to training ',i!',;;;: responsibilities., Training represents, an :"'~:;;!;,V. ef fa r t to uti 1 ize the company's expe rience, to .';' ';t, ';i', provide for proper and safe methods which ...,,;;;,.;)#;;;;~, avo i d pas t mistakes. . ,.:~:::;i.:~~; ~;\'; .,:~;-:~~t;~ Training of the individual is a major ,(\ .,V:':i, responsibility <:of-. management. Proper. ",~>,' ,l"" '\ instruction in the requirements of the work, ,'~.: r.L, ;: the operation of:,new equipment, the handling:>:.r;'ih?';;~~ of new products/i,and the requirements for::";:{!':i~',~~{ serving new cust'omers is vital. Retr'aining ,>;;;,':'~~~::j when tile employee has a violation, or, an' . ,'.,... indication of misus7d. equipment is. re<:1Uired."r,..,..'."',....,..','. '.'" to prevent a repetl tlon of the lncldent. i,.,.,,;,", " Information about speci fictraining programs~<:;;.::>!"h f 0 11 0 w s . ,,': .. . ..:~,~.,~~; -. ... 'i."~ -'i.t" :;~r";Fi;. Driver trainers' will be selected by j~ ,;t: management. Driver trainers should have 10~ ~~~~:~~~ ~:~ ~~~~~ ~~~::~;!~i~~n~~~:e;~~~~~~;~~I ....inf!~i overall success:}.9f ~he operatio~.;TheYi mu~t1'f;;~il.("" . be able to exerClse good Judgment'.: ;\lnt~;';<~L selecting only qualified employees.fThey'~1~7t. also must hav.ethe ability to train or to"<t':?;~;~,~:1kS~~" . . ~__, :.:,:~, '-"_",.::-..~~.;),~t~>.,. communlcate proper work methods to new;2"";'~:~~'A;~,;'; applicants. . '.F.:'r}~:.]: Training of driver trainers will be conduqted by a certified safety instructor. The basic training program~for driver trainers will be set up by manag~ment with recommendations' from a consultant. The company has hired Megasafe to assist in . the company's safety program. '::~.~-:F,~':',:-_: ' D'river trainers should train on the job. On- the-job training should be done according to the following steps. No driver will be hired without approval of the driver trainer. 1. Explain the steps of the method of prqcedure. List any special points of emphasis involving hazards. E-Z RECYCLING, INC. SAFETY MANUAL 2. Shq~ employee or applicant how the steps are to be done. 3_ Have the trainee tell you the steps of the procedure. Driver Training 120 hours (3 weeks): - r~'J' , 4. Have the trainee show YOU how to do it. 5. Have the trainee demonstrate, when. can, the job method. Check to see he following it: until you are certain he has firmly established his understanding of the procedure:. Review the . whole driving performance of the trainee. and then concentra,te on ~ those procedures in which the applicant requires training. A record of the training employees will be completed and the employee~s file. 6. . 7. Week l. 2_ 3. 4. 5. 6. . 7. Week 1. 2. 3. #1: Review company policy (2 hours) Defensive driving course (6 ~ours) Company~physical (1 hour) Review:~outes (1/2 hour) Vehiclexhinspection-cou rse hou rs )"1~~U" , Driver0~u~lification road hou r) ~~1;i5:':.' Ride with safety trainer (28 ( 1 ',"'1! 2 .'i;:F.~~-H2..' i-r;;:> test:.-:( 1 ";J.:: !"i~~ . it 2 : ':.. ;~i;t Management - review of policies_(1 hou r) . ::~ Reviewf~anagement/trainer/employ~e (1 hour) Ride/train hou rs) with trainer (38 , ~ ,: ; :." Week #3 1. Ride/train hou rs) with trainer (40 Driver Record Re\!im'l:;, Individual record reviews are to be conducted by management at least once a year and after evol'Y injut^Y, accident or other report of violAtion, A record of the driver's 'COV'ERAGES1':':';~''"1.''':'''''\~''\;' r~\,:,'.' ,';',;-':;-;- .:,:. ." .:,.: ' T~- _,.d. -- -"---"'C ,,~'.-;h' " ....~i1"If';~l\m.-"'::i~~}:;.~i : ;~,~""""",;#~~~~' ~;" V'", . .. ~:'i!' '.'I_"P'1:'~:;;'''V.J~;r-r'''ji.I~':i".'';'':Y:t''.l.....,l'';'_"",~. '{" '" "'." ,','" ",~.) .. "\~~.oU~...te~~~ . ~ 7- .... "'THlsls TO -CERT'II:YTHAT THE' POLlciEs'oF INSURANCE 'L1STED BELOW' HA~E BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POUCYPERIOD :i~, INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM on CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT.TO WHICHTHIS~~~ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS/2,,~: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ...j, . -. ,.;', :.i n;':-L; ',~.;;~:dtl: ------------ ---...-.-- --'-r. ~......_~........... ....... ..:......"......-. ._,.~.\..,,._....._,:..:-...;~.._._~~.. TYPE OF INSURANCE POLICY NUMBER Pg~i~~:;~E, ~~~ :=:~N ,. S:;;'(;~ ~M~<.~;;:iE:~):~~~J. 1)'1)'''''''''' j "'1" coverage' 'l'nalud""_d .l~.._..(,.l- ~....! ...J _ 1~ -- --- -I CA:~~~;":~~;:o,~ o,,;;,,;;o~1;~~:~!1:~~~ PRODUCER Elmquist Zi tz.lc [f II1GHCc.i1CQ t~;c:[~r:;', J i ,c. 7040 L::.keland h.w~nuc I:Ol:tl1, ;:,ti t(~ I::.'.;; Brooklyn Park, I'll-! 5542::\ ( 612) ~91.=Q9_2.7.__.__m__. INSURED E-Z HECYCLU:G, H:C. 875 ~~orth Prior St. Paul, UN 551Ol, I CO LTR A GENERAL LII\BIUTY X -9~MMERCIALGENERI.~L1IAElILllY 0DG-:i.-S::: , .' ---1 CLAIMS MADE 'l-l OCCUR OWNER'S & CONT PROT I --r--------- I n:"".'f.' '-) J C"" '-. _ LO-_',\- _'.~ AUTOMOBILE L1ABIUTY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS _..-_4________._____________.. .~,; t ; GARAGE UABIUTY ': ~;: ; ,. ' ANY AUTO, ~.~ '-~~.:' "';, -:... . .'; ,EXCESS UABIUTY UMBRELLA FORM OTl-lER THAN UMBRELLA FORM i illNCL I I=L~'1--~__~~.~:~_ -_~~ DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESISPECIAL ITEMS Tl-lE PROPRIETOIV PARTNERSlEXECUTIVE OFFICERS ARE: OTHER , ; '., ' ~ . ~'; Ol:odl.1ct~;/C()::'~)lc~cJ I CERTIRc-'TE~HOlDER ~---- Ci ty of Shor:e~;ood l\t.tn: If". r:i. Nl'nb 5755 CO\.lntry C.lUil 1.:,Yld C:;l O"'\f, '00.1{-" ~ '\ S ':,' "l- (' r." " \0,1 J.I..1W' u) ill v_."I.) 'I" I I L~~::~.~3/9,~L,'_:.._._~~ ..:..::~__, _.~,_....." I I I I i I I ." "-'r I I , THIS GI:.HI U-I\,,;AI I:: 1;:1 1.;:t.;:tUc:.U M..J /""\. IVIMII'-" "" un _....u-..._... ONLY,: AND CONFERS NO RIGHTS UPON THE CERTIFICATE;; HOLDER. THIS CERTIFICATE DOES NOT AMEND; EXTEND:OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW:' COMPANIES AFFORDING COVERAGE ':;:; . ~>: :. COMPANY <- A ,;':;'E}JC Ij).sur;:mce Com~'1I1ies COMPANY' ,:,": B'..; '" , .:'~;r:j Sf.i:':: ': ';: >:.;,~ ';;~.:~i~~~~f~i't:: COMPANY.' ' C..;.:' :.::.~ :~/}~]~~j'~~::~~t COMPANY : D , , : ,:::: ':"'/? <;~:i:;';:~r~~j&~{f~ '..i: .. ,; . '1. ..; :' ~08/13i95' GENERAl. AGGREGATe~ ;,,~;>, PRODUcr5-COMPIOP .AGO',: PERSONAL & ADV, INJURY' ", EACH OCCURRENCe .~,Il, :>'1: FIRE DAMAGE (h,y one'lire) h MED EXP (Any one ~);';i 00/13/94 ~.. I ',.;i.H:',j.' ~ : :'!;:. ~: ~'; , l. ~ .. -'_ - :'.: - . , '. ~ -: ..,,;..-~.' t!<1:-"'~l:~J':r.r COMBINED SINGLE LIMIT ;},; .. ~ ',II: J; 08/13/94 08/13/95 ; f.', ~,. .' -;, . rp~?~RY,,:';:.5::1~;:~ rp~?~~~~RY ,.:'''::{;~~?~Jf:":; .'f'......... ,;? t3;fr;~ ' '~U ff~f1~J: . ~i,~;~~,;t.;;";. ;"'. AUTO ONLY. eA ACCIDEm:li '$::';!r~;;"''f.iU~t~~,;f:; OTl-lER THAN AUTO oM. Yilfl: ' . EACHACCIOEm+ '$'~l~f.',~I! .~~~Jt:~1t~ ,AGGREGATe, $ ;tt{!,;~t;;r~a;'.!:Jl1l[;:f.+ EACH OCCURRENce\';~,;JJ'f; $ ,:~':~r~:il!t1~t\~ AGGREaATe;....J:.,1~lj;&1 $;~:~". ': '. ...... "". ,;,:;:;t~,~fil.;-'--'1iI~{i$ :.;t'~~~~: .- STA1lJTORYUMrrs;~~ '~::',.'~::, - " EACH ACCIDENT ; ,; ::":,} $ j:;:~!~~l!.~{&~~;rt~, DISEASE. POLICY L1MIT-",; $ ,-- ;::'!',~~~1(:f~~i~~~ DISEASE. EACH EMPLOYEE S : l~!~; -.. . ;,;ij1t:!':;;;. ';' , , '~,:.~~I:;.~;..,:~; .i"";' . ~. . ~tl1~~,l:r;~~'~: ~ :~' ~,~. . . . :~-~jEtI;:~~~{. ~?1: >'-~ !..-~:.t'1,~1~~i( I',!" ::.fj~r~I;' ;...1:.....;, r\~ (-' ..' ,i~~r~:.' . - ...fL~~f~l~i~:.~,: . ' L . ,~. ":.f;:2::;I\~t;:~} , :::,:~tHli;-(~: 'EXPIRATION DATE Tl-lEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL' -10...:.. DAYS WRITTEN NOTICE TO Tl-lE CERTIACATE HOLDER NAMED TO THE LEFT, ,-. . llUT FMLURE TO M^,1. SUCH NOTICE SHAI.I. IMPOSE NO OBLIGATION OR.L1ABIUTY" OF ANV KIND ..UPON THE COMPANY, ITs.' AGENTS' OR REPRESENtAl1VEa~' A\JTH,ORltED~SttlT~TI~E - J//77;:;;li , ",:;:.:,-,,;';;,;': -,";,!'I.<'~"';"" ,..~d:;1\'~"~b'CORPORjtfJO~r-t9C ,.._....~~~ ;'t!.\,.~..t'~.: i.::.~~'~;'::':"...#,:'~ ;.~..., .,.... ,. -..., .'. - . . < '" .~," " ~ : .; :;, - ':.. '.: . ,I :;:_~~,~,-r'~;~:~;~: ~,~,,,:~;'\':,~ ~;Q.':.;:,', . t'i." ~ ; .- -...... ._-----......_---_.._--~ ..j I / ......, '-' '! .- ':"..'-;' :. . I ':::~' ~>1"~~:1!f~1'~'~f:1 .::~~~ :."-::~~~ ~# ~~.~~I(~~~~7~.~' UNIT~D FIR~ &- CASUALTY COMPANY~:";Jt;' ~'.. - _ '~i~:. t":~";,,~_~'I,~\\:. ." ':~' r;Th~~i:r~ CEDAR RAPIDS,' IOWA . ..': '" '. ';'.,.. ~.~~. t;;tJi~t.~~~\ " " .,; :fh'; '" J'I.'1'9'lJ'9'4~f,!I!~"'" . '.. ':"~ ~ "","":le _, . . , 'll'j' ~... ';'l.f.EJ,'..c . . I.' ': ;,,;.,~ : ~1)lr~:~'.I''''''w.l~~q';;~*~j' 19 95 .., . sublectjo :'011:: the"i~vena;'fs - . . _L~~,'~_'.~)':~.~.'F~';..r;t!'!:,.h-~~; . ~".".-~ . ....'..1 "~"""""";!"'~'~ll '.(1' . .,;,~;:..: "!'l~'<'\~:'i:!fll: :;~k .~ :, ': ...-:...,:.~~~,~y"":,.!.'~I~Ir; . "'1: , P'~' ':,~~~;.~"t~~!:;, ~i:U~~r-'. i ;'1:. the. Compony's Jiability:under::~oid ,Bo~d I ' .-::! :.;\.~ . ~~ful." _;"1/. r~cc.;~" ;.~"J..",~l,..'. . : . _ ,:.1'- ::.,' '.:;t/:"'~'i"- ..!:.~it~iL~:(t:~~;jp no'. event;6.e~ce,~d.i~f:1~~~~':"'i.~tPf . ;-::,,: ;"'.'"";I~1i1i1'fI!t:~~4ni&~'lIa~ '.,: ;. ;liJr.;,'-f.i~tf.iil~1~;lI!I:-ili;;"i:l ~~:'i;; ',;:.:: -:-,,\~,;,'i;ii': :Ji :', ':":;~~:"'t~:';.~~1 !I:~ .~:~, ~.~~~S:~~ff~~:.t: ,~~? I~ WITNESS WHEREOF. the Company has caused'this':instrumc;\t to be signed by its:At~~.r.,:,~,y-.. .:~:t. ~~. ,:\" 'I',,:, ,to. !;.,......~.-~(*:~:;.<;:~?: .i.' '::'.'-1:. ':,1 19 9 4 "~~~~I;;i, t.: .:.:::,."A~;:;~{?,.\.:iW;~i~ . . ~_I.1.~I.......I.,,'."'.:ho!;. ::.:.;)t;i'~'Li'\ ':':, ";":'::'::~i~;:.~~l\l;;': UNITED FIRE & CASUALT.'( COMPANY, . . -:,';'.' .~ force its Bend No. 55-151389 'of EZ'RECYCLING. INC. in fovar of CITY" OF: MAPLEWOOD, MN for the (extended) terms beginning on the 24TH :::::;". : and ending on" the ',;' ~f'.'~:\'\/' . and c'onditions" of s~id Bond. day of AUGUST 24TH This Continuation is executed upon the express " .: '..~.'.;':";:::f:' and this ond: 011, continuations thereof sholl ; '_~';'\'::;'/~-~'("~.:..:.:.._. -.....- ..~.. ;.:of"-'" ''':;~f''1i''''}-)'. ':: '., ~ :~'1'.i~~q.).t~;~,THREE :: THOliSANn~:ANo; NO Ii 00-------- ,', ~: . not be , "-;";.'.~ .;:D~lIars ($ 3 ~ 0'0'0', 00.......:-- ). . : ~~: , and its corporate se.ol to be he~eto affixed this ~JzK J!ett, -J I' \ '" . ..' , Resident Agent UND 2086.b I.! I, .,__ . ;~". :\':.! .~if: :..:~j.ttJ,r}f~: ($ 3 ,000 . OO-....;-;:~~;; ~.~t!O;,'.. .~.b'o.j'f '..' '.)~:"/Ji~~~{;t~~fft~m:~. ,It. ~~; /- Dollors . . .::.: ,:l ~:~: .'.g~~!:~~~(:~~~}~~l!:i; . .~~~ ;'~~; ~.idoyof :;/;; . :', . AUGUST . . " ..::it....y';, ; ~ t.; : ;,~,: : ~.~ ; ; ,. ,';OO. co~diti?~ thot ::' It' t ..:.~"~. ." cu~.uio;.i~;~i 6~d .;~h6" ".. in " t~d~l~:~.~lfJ~.tt:).~1 :i~ ~~..",>>.r:. ~i'~ ;! . .~~1-~!:t.; i~:~~a:~h:;t:~..r. . ::::" : '.'- ,.;::' ;'!~Wjt:w;'~!r: .. 30TH' . '::1.-' :~...< '~:da(~.f . ~~::..: ..t~:: L ,. ~. '. --: ~~ AUGUST' '-1 .. 8~7)1-.J Yr> ~. i /' ! ,;.: .:~:;~>; ?~'-rt J'4-~"'~~' Att'Jrney-in-Fact .,-.' ....!".:. ;',,-;;' ;,~.lr.~>i:',-~ ':'.r;f .~ . ....".. ... ...:;.;~: : '..:.: """~' : 't . \.~ . ..~'i:: . , ',:" ~.. KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duIY<\f:,' 't'~, . organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of~,,~:::;: Iowa, does make, constitute and appoint Maynard L. Hansen,. or Scott McIntyre, Jr., or R.G. .;( Heckroth, or J .A. Chapin, or Lois M. Schuchmann, ,or David A. Lange, or Russell L. '. ./ Webb, or David G. Dennis, or Judi A. Davis, orMeg C. Geater, or Connie J.. Snyder':J~;~;.\.:;, or Robert L. Kollsmith, or Kurt E. Feller, or David S. Downey, All Individual1y..;<~::~;:,' of Cedar Rapids, Iowa, ., .... '., ,,;~;i::/'i: its true and lawlul Attorney(s)-in-Facl with power and authority hereby conferred to sign, seal and execute in its behalf:"~~:.,~,, all lawful bonds, undertakings and other obligatory instruments o~.similar nature as follows: .::' ,~i(i',\;.. --Any and all bonds--. . ." '.r:;:~ar;:,.~" . ., .' ,,;:;" :':'~~l:~~?~:;S~';: and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments>i::;;~;:' were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts 01 said;:~~:;l:~" Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. ' .'. ',' .;,f,.;:~~L~h The Authority hereby granted shall expire September 21 '. 19 95 unless so~ne~ re:;;:oke"ci: :l~~;h:~:; Thi:; power of Attorney is made and executed pursuant to and by aut~ority olthe following By.Law duly adopted!~'t:~~~~-: by the Board of Direclors of the Company on April 18, 1973. ,;,<:tv. Section 2. Appointment of ^llOr~:;~~~~:e~ '~'h~~:~:~d~~nO~Sa:;~;~en::::::~:;'~ny ot'her officer of the ("oO)pan~', ma'~< " ;'~'~;l;,!,:,;,~,,;~,';.~~,:,:.~,r.i,~,(..~.~,:~: rrom time to time. appoint by written ccrtific~h:S attorncys-in..(act to act in behalf of the Company in the execution or policie~ of. . '~,:., :.1,. insurance. bonds. undcrtakings and other obliptory inslruments of like nature. The signature of any officer authorilcd hereby. and ''', ..$~:,::!.l:~t~'i~.:'i;~ the Corporate seal. may be affixed by facsimile to any power of attorney or special power of attorney or cerlifieation of either' :k;: :-;:::iS~:i~+,t;?~, authoriloed hereby; such signature and seal. when so ~'ed. heing adopted by the Co~pany as the original signature of such officer and: f;fi > :::tt~:t.!rsUi!:; the orlgmal seal of the Company. to he valid and hlndmg upon the Company with the same force and effect as though manually,".;.':.' 'i~~h.::,IN;'!;:li': artixed, Such allorneys-in-faet. subject to the limitations set forth in their respective certificates of authorit), shall have full powertll', i? ,:'f.i:C!; !;;hil,,;iY bind, the Company, by thei: signature and execu!ion of any such instruments and to allach the seal of th,e Company thereto. The::"::~':~~c~~L~!i%;j;{: Presld~nt or a~y Vice ~rcsldent. the Board ?f 1?lreclOrs or any other officer of the Company may at any lime re\'oke all power and' )k ..:il;:,j):'i;~':T':', authOrity preVIOusly given to any allorney-m-Iac!. .' . : ,':'''' ,X;' ::i~;\)y~~t'<:'" ;: ~ ",.. . ": ", ':, .~.~:~~, ~~;;.::::,~:7r?~~;;;?:~TIDi~'~~1.'f.~"~ IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has causedothe'se,~f;:m:i~t,i\Y; . . " .. ..,... ,...v ':'''Fl~..,:. presents to be signed by its vice presid~nt and its corporate seal to be hereto affixed' thiS.r.::~'~~:~~;;:; . ., .,' . . ,t.- '~"H~i ." ' ; 21st day of September" , A.D.199~}.~!,;:!jjr,:';~~1 " :,i :UNITED FIRE &CASUALTY COJVi~A.Wt'j;~t~ .' . ish~: . ,'i""'~; "J" "~~,~,\,.,,., ....' nt Il-.~'~. "./~~":"l'll~~ State of Iowa. County of Linn, ss: 'l:imt::~\:::. , .'~;>' ::: :~i,,";,~t~~~~~~ On this 21st day of September 19 93. bef~re'mepersonally came John ~:R.~;Cruise'~! to me known, who being by me duly sworn, did depose and say:'that he resides in Cedar Rapids, St~teofIo~a; that'h:~ .... is a Vice P~esident of the UNITED FIRE & CASU A~TY COM:P ~Ny,the corporatio~ described i~ a~d which'ex.ecutedt~~.t~;~ the above Instrument; that he knows the seal 01 said corporahon; that the seal afhxed to the sald Instrument IS such"t~~~':J~';' corporate seal; that it was so affixed pursuant to authority given by the Board of Directors 01 said corporation and tPatJ~~ij!:;j0, he signe~ his name thereto pursuant to like authority. and a~knowledges same to be the act ,and.deed of said;0Jr~~~!!.!. corporahon. . .:. & "~"'i~'~" " ~~l.~.!~~.:.:':',~.:~. t.::.fi....... . . .Ii , I _I ~A-'1;;~~'~;:'t ,,~.:~~;. 'VI (,((. -' (/v/~~t:.i~~.i BRIDGET It MORROW . -" '.. Y COMMISSIONflE PIRES Notary Public . ':' '. 5'/-'1- M 1 94 My commis'sion expires ,ay ,19 . UPI . . CERTIFIED COpy OF POWER OF ATTORNEY (Original on file at Home Office of Comp~ny - See Certification) .' '.~t~~ -, ~;.:~j~!:'~ '.:.- ,~. "';~ ' '~.;.' , ~-~1J',' .!':.~:~.;::~'< CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certily that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By.Laws of said Company as set forth in said Powerof Attorney, with theORlGINALS ONFILEINTHEHOMEOFFICEOFSAIDCOMPANY, and that the same are correcl transcripts th~reof, and of the whole of the said originals. and that the said Power 01 Attorney has not been revoked and is now in fulllorce and effect. In testimony whereof I have hereunto subscribed my name and affixed the cor. porate seal ollhe said "-.j' ;1" I .' Company this 30TH dllY oi AUGUST 19 94 ~ cI.(~~ As st. Secretary (rev. 09-93) ~. .: " .....; ':"'. .~.:.~.~A~-i'~ ,;' :~ .... . ....... :! :.':-. ., .,4-- ". ,I: ~:, . :.,'.:. - '. ~ ..: '.' to.,' . , <~~ff~I:1! . . ";..., ;'!~\' .':>.1.; ~ . .Ai~iji~;:~;iS~':i{ ~::':~i.:+1;i:{iitit~~j: .;;l~~tt N - 'S.& 'C'" . ~t..~r;.l"'" '^J." .~;.~" ," ./. ,."..... (..,'.~l,;,^V.:.J>"'->' >""'<I."'\.f.,,..(t;:. at/ona a'-Iety ounCJ':~ "':.: t'r:.. ".'~.~ .'~ .." ;~(:'1".../;':.\~'t'~1(~':";:.~~....:- ''..,~','~~':'l'f'~';''''J . . .. .:....;.,.>.;.;:{~:;:..;}:,;r.:.\.":;.....~:.. .' .:~-:. ':'~;:':;.:~J'.fj;'i.:l~~~:~~:~ ",;';~:~:~i'(!~t?i;i!i' D DC-4 'Defensive D rivi n9 CourSe:Gertifica fEi.6 f: GCiirfple.tion.i~t.::: ::~:~.:: :?~~~~~(l This certifies that the person named below has suCdeSSfully'c'Oinpleted the National':: ,'?,,~~,~i;~ ).:~3;f~. . " J~th~~~;i:i1~' Safety Council Defensive Driving Course "," '~i;''''.' .,-'. l'~"." ..... '. ":~;''':; :,1"t..;",,;:'1 ... 0:;~,~,,~...~10 . . ",! :.~. :..' .:. ...... ~.; , ..' '. 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OU.n.f.;J ,.%~,~;;:!\;~:~:::~:/:ii';.:'::~?:f:~~: ~,;;~:~~~'tilf.~~~ '. '. ....~ o DC-4TJefehsive Drivin~fCoi1tse~Giiiiiiidat~~~'olG'8mptttj6r;~~F1f . ......,. ',' This certifies that the person named b~loW ti~'s~~esZtullygompleted the N~ti~na.I~'M~?:~~~~~,,~~'i Safety Council Defensive Driving Course.: q!'1~~I~:.!i;;.', :?f~.~ '.~'~;~ :.:r.- ;.,' ,. ~; i I }i..' ,;: =:.:<;r:'<"'" ~{.~~,,~;;e;. f. '.. r. ' . " ~iJJ/.o!' .. y . "f'( " ......: ~. .. ..... .. ,f'. ~.;' '). .: i:' t.,: . '. . . . ~/Jf? ';<<,r:..~",,,,.;:o.'p'; -:;;;T~~"/' .~ ';..... ;.'~~ . :i~'~"!:<;":'f' , ~':-:.~~.., ~;';:M,;"(' ; ...... .~>if1W ~;~~i;.li ~i1?:;: '.,: '. :. .. ~ t ,:1/'$ ,. . "\ I' . "S ".' ....:. Jrf-~ ........,.:\ ... .:"..;,.., ~.'~(' . ....\ .~. ,.... 4:.'} 'Pc;' ~'VI.l! "', , 'd- i0'0098745'558' . .., ,....,>,.... U y"29'~>'1 994" .,..,.......,.1..., ,-'<,<:,?::,\". ".;:.::, . ~o,~,: . '.>~:i;:'l~..-'.'",,,,,,,,, ,'r .. ,F.. ,":' .~;":. ';' '~'("";"~('i~~~.:' ,~:,'ii\. , :. ., .':;.:.~ l.~:~.~~.!..;:t~'ijk;\;, -; 0~:.:: .:' .;i:.~ '. ~"'''~>.''.,~;,..~ '~""'-:~~' . 'h".r;."t. :~~. '.~ .' . ,~.} .):t.:~::"",\'.:.;~~~' \;..,~~l",..~~S.f"t! ; :.":.::l.....'~,.":...~..~; ...~...:.;~\~.:........,~ l;,:-r:t!t; ('11 .~ Name BRIAN R KOP'Py :ij'::I";"......'4l... 'KOP2~1" ..'..f.... .?,:.".";';::';~'~..~.;."i;'><"~::~"t:t!.! I," . \ ,.. ,.,~ '.:~')h!,{ ~(. ..... ,.:..,.... ..' "........\"~:..~.. ~.... 'l,.;..,".. ~.~~;:f.. : .; f\," '.S' ~ ' .., "('" .~". ..t..... ,'n.., " t. '. 0(1,. .,A~\.~':~ ...t'~.'!t~~^':~ ""-'If;:. ~1' :;l Address ,., :..; !' " '.\ '(.':'i;./~::'.J' :...\ ',t,:.: .... .!. . :........ ';.'.h .,,<.:;~..,.'7t>~y.(/,':.. ( ,;:r.,' ~.'" . -~l" .('.,....;,~;C....~i'l...lS;.:.,..,..'.:...,:+,..;,:.".,......,F,' '.:;"'t.j:..~.;~:,,,,!.:ti~::; . k<r.~ M . . Address 2210 NO RTH DALE ,'~~~,:,,1:'~~~"~"''-:;'''''';' ~~~:i:~";" ~!: "'" ..~.'::i'-:-.:..'\.. ';:'t~':Y<if;, ,,~ "~i" '~". '.'1.:..';. .''f. .,kf~~ .... ROSEVILLE' MN:;25511'2\~l(.:,~ ,"'.:_~"Y'. ~~''',.. ',' .. 't.::...::;......,.,.;,.. ",:",'\:.~~!.::~;'');ii "'~~ff";~l1;;r~. C~"."p , ,! : l jlJi;ef'~:;:.. ","T'{~~:n~~G~.:~ i.~:~;f!f.~ [ 1 i1,' It: ~~, t::?:. ;,. :.. ,,'.,.' ,~,. co~[TY~"'13 7 4:.3 6".3'; .~. .: ! !L i::~... ~ISOOCUMENTISVOIO,IFITISREP~~.~.~c:.o'. .:....~.~;...~.:.. ~.~~~'......... ..... ,. ......l-'~-.: .~....'.(.A _.- ............"-:.;1 @ DRIVER LICENSE NUMBER ~ 245139115467 ~ ~ Address ... ... ... Address 318 CIMARRON City,SI.Zip LAKE.: ELMO' '-. ,\' '" j. (.... :t . , ; (. " :'i::'.': il :". !. !.\: , !.I:: ;.... '. TONNAGE REPORT SHORfWCOO SEPTE,~BER 1994 ~AGS PAPER GLASS CANS PLASTIC TOTAL STOPS 1 0 0 0 0 0 0 2 0 0 0 0 0 0 3 0 0 0 0 0 0 SEPT 21 44S 22310 5911 2288 82~ 31730 1475 SEPT 28 451 22597 5987 2318 837 32190 1580 . TOTAL 63970 3055 TOTAL TONS 31. 99 E-Z RECYCLING INC. 875 N. PRIOR AVE. ST PAUL MN, 55104 PHONE:644-6577 . . . " LEASE AGREEMENT DRAFT THIS LEASE is made as of the 1st day of November, 1994, between the city of Tonka Bay, Minnesota, a Minnesota municipal corporation (hereinafter designated "Landlord") and the city of Shorewood, Minnesota, a Minnesota municipal corporation (hereinafter designated "Tenant"). WITNESSETH: Landlord hereby leases to Tenant, and" Tenant leases from Landlord, the property identified as, PIO No. (hereinafter designated "Premises"). The Premises consists of a building containing approximately square feet, and all the equipment and fixtures therein, and the surrounding parking lot area. The Premises, and all equipment and fixtures therein, shall be in good repair and in working order at the commencement of the lease term. The Premises is outlined on Exhibit A attached hereto. ARTICLE 1 TERM. The initial term of the Lease shall consist of a period of three years, commencing on November 1, 1994 and terminating on October 31, 1997, unless sooner terminated either party as described in Article___ Tenant shall have the option to extend its tenancy indefinitely. ARTICLE 2 MINIMUM RENT. The fixed m1n1mum rent shall be payable in equal monthly installments on or before the first day of each month in advance, at such place designated by Landlord. Said fixed minimum rent shall be One Thousand and No/100 Dollars payable per month. Said minimum rent shall remain constant throughout the term of the lease. Minimum rent for any fractional calendar month at the beginning or end of the lease term shall prorated based upon the proportion which the number of days in such month comprised within the lease term bears to the total number of days in such month. No percentage rent shall be paid by Tenant, and no security deposit shall by payable by Tenant. ARTICLE 3 USE. Tenant shall use the Premises for purposes of operating a retail off-sale liquor establishment. ARTICLE 4 TRADE NAME. Tenant shall operate its business under a trade name suitable to Tenant. ARTICLE 5 HOURS OF OPERATION. Tenant shall operate its business upon the Premised wi thin the days and times as established by Minnesota State Statute. ARTICLE 6 EXISTING STOCK INVENTORY. Tenant agrees to purchase from Landlord existing stock inventory in its entirety, after a 1 ,., .,. "'~ ';" \ Phlsift'l~e~rit of such inventory has been made and agreed upon, at an amount which shall be agreed upon by the two parties. ARTICLE 7 SALES REPORTS. Within fourteen (14) days of~Landlord's delivery to Tenant of a written request therefore, Tenant shall submit to Landlord an unaudited written statement, certified by Tenant to be accurate, showing in reasonable detail the full amount of sales achieved on the property for any period of time not previously reported by the Tenant to Landlord; provided, Landlord shall not be entitled to deliver more than four (4) such requests in anyone calendar year. ARTICLE 8 CARE OF PREMISES. Tenant shall, at his expense, keep the Premises in a clean and sani tary condi tion, operate its business in the Premises in conformance with applicable laws, ordinances, regulations and codes; store all trash and garbage in rat-proof receptacles and remove it regularly. ARTICLE 9 REPAIRS. Landlord shall keep the building, including the foundation, the walls, the roof in good repair, and if necessary or required by governmental authority, make modifications or replacement thereof. The cost of such repairs shall be paid by Landlord. Tenant shall, at its expense, keep fixtures and equipment, including HVAC units, wi thin the Premises in good repair. Tenant shall, at its expense, replace broken or cracked glass, including plate glass used in structural portions, and any interior or exterior windows and doors, with glass of the same grade and quality. If Tenant does not make such repairs for which it is responsible within a reasonable period of time, upon written notice by Landlord, Landlord may cause such repairs to be made and charge the cost of such repairs to Tenant as additional rent. If Landlord does not make such repairs for which it is responsible within a reasonable period of time, upon written notice of the Tenant, Tenant may cause such repairs to be made and may deduct the cost of such repairs from future rent payments. ARTICLE 10 UTILITY SERVICES. Tenant shall pay for all gas, water, sewer services, and electricity used on the Premises during the lease term. Landlord shall not be liable if utilities furnished to the Premises shall be interrupted or impaired by causes beyond Landlord's control. ARTICLE 11 SIGNS; DISPLAY WINDOWS. Tenant shall have the right to maintain existing permanent signage. In addition, Tenant may install a 4 x 6 foot lighted advertising sign to the outside exterior wall of the building, such sign to remain the property of Tenant. Any changes to permanent signage, other than the change of text or content on the existing signage, must be approved in advance, in writing, by Landlord. Tenant may display temporary advertising signs in display windows and on outside exterior walls at its discretion. 2 ~ ,,~ ill, ..'~ '~ ,'~ ,~ "-,~ \ . , . . . . .. ARTICLE 12 ALTERATIONS, INSTALLATIONS, FIXTURES. Tenant shall, at its expense, maintain necessary store fixtures and floor covering required by it and all interior paint and decorating. Tenant shall not make any structural alterations or additions to the Premises without Landlord's written consent and delivering to Landlord the plans and specifications and copies of the proposed contracts and necessary permits, and shall furnish indemnification against liens, as may be required by Landlord. Tenant shall have the right to, at its discretion, make installations and al terations of a non- structural nature to the premises. ARTICLE 13 INSURANCE. Section 1 Liabilitv Insurance. Tenant shall, at its expense, maintain in effect at all times during the lease term a Commercial Liability Insurance policy with a total combined policy limit of at least $600,000.00, which policy shall include, but not be limited to, coverages for Bodily Injury, Property Damage, Personal Injury, and Contractual Liability (applying to this lease), or an equivalent form, so long as such equivalent form affords coverage which is at least as broad. Tenant's liability insurance coverage may be subject to a deductible, "retention" or "participation" percentage of each covered loss; provided, however, that each deductible, retention or participation amount shall not exceed $1,000.00 per occurrence. Such policy shall name the Landlord as an Additional Insured thereunder. section 2 Property Insurance. Tenant shall, at its own expense, maintain in effect at all times during the lease term insurance covering all of Tenant's improvements, fixtures and property in the Premises against loss by fire and other hazards covered by the so- called "all risk" form of policy, in an amount equal to the actual replacement cost thereof , without deduction for physical depreciation. Such insurance shall include "contingent Liability from Operation of Building Laws," demolition and increased costs measure of recovery; business interruption coverage for a period of at least twelve (12) months; and coverage for damage to Electronic Data Processing Equipment and Media, including coverage of the perils of mechanical breakdown and electronic disturbance. section 3 Policy Provisions. policies for the liability and property insurance coverages contemplated by this Paragraph shall be in a form and with an insurer reasonably acceptable to Landlord. The liability under this Article, sections 1 and 2 , shall be primary with respect to the Landlord and its agents and not participating with any other available insurance. Tenant shall deli ver on the Commencement Date and on each anniversary date thereof the Landlord insurer-certified copies of such policies, or other evidence reasonably satisfactory to Landlord, confirming the terms of such insurance and confirming that the policies are in full force and effect. 3 ~ ARTICLE 14 INDEMNIFICATION. Tenant agrees to indemnify Landlord from and against any liability for damages to any person or property in or upon the Premises, or arising form Tenant negligence or intentional misconduct occurring in or around the Premises. Notwithstanding any contrary provision herein, Tenant hereby waives any claims against Landlord relating to, and Landlord shall not be liable to Tenant for, any damage to any equipment, inventory, tenant fixture or other property situated in the Premises due to any condition, design, or defect in the building, or leakage of the roof, windows, and pipes, or of damage from gas, oil, water, steam, smoke or electricity, or due to any other cause whatsoever, including Landlord's negligence, and Tenant assumes all risks of dan;tage to such property; provided, the waiver and assumption contemplated by this sentence shall apply only to the extent covered by insurance in place or required to be maintained by the terms of this lease. Landlord hereby waives any claims against Tenant relating to and Tenant shall not be liable to Landlord for, any damage to any property situated in the Premises due to any reason, including Tenant's negligence, and Landlord assumes all . risks of damage to such property; provided, the waiver and assumption contemplated by this sentence shall apply only to the extent any such damage is covered by insurance in place or required to be maintained by the terms of this lease. ARTICLE 15 ASSIGNMENT AND SUBLETTING. Tenant shall not assign or in any manner transfer this lease or any interest therein, nor sublet said leased Premises or any pert thereof, nor permit occupancy by anyone with, through, or under it, without the previous written consent of Landlord. Consent by Landlord to one or more assignments or to one or more sublettings shall not operate as a waiver of Landlord's rights as to any subsequent assignment or subletting. No assignment shall release Tenant of any of its obligations under this lease or be construed or taken as a waiver of any of Landlord's rights or remedies hereunder. 4 ARTICLE 16 ACCESS TO PREMISES. Landlord shall have the right to . enter the Premises at all reasonable hours for the purpose of inspecting the same or of making repairs, additions or alterations thereto, or for the purpose of eXhibiting the same to prospective tenants, purchasers or others, or enter at anytime in the event of an emergency; provided, Landlord shall provide notice of at least twenty-four (24) hours prior to any entry that occurs under non- emergency conditions. ARTICLE 17 EMINENT DOMAIN. Section 1 Entire Premises. If substantially all of the Premises shall be taken by any public authority under the power of eminent domain then the term of this lease shall cease as of the day possession shall be taken by the public authority and the Rent shall be paid up to the day the condemning authority acquires possession of the Premises. . . -., section 2 Partial Takinq. If ten percent (10%) or more of the building or twenty percent (20%) or more of the parking area shall be taken under eminent domain, Tenant shall have the right either to terminate this lease or to continue in possession of the remainder of the premises upon notice in writing to Landlord of Tenants intention within ten (10) days after such taking. In the event Tenant elects to remain in possession, all of the terms herein provided shall continue in effect except that the rent shall be proportionately and equitably abated if the taking was of any part of the Premises, and Landlord shall make all necessary repairs or alterations to improvements of the Premises. section 3 Damaqes. All damages awarded for any such taking under the power of eminent domain shall be the property of Landlord, whether such damages shall be awarded as compensation for diminution in value of the leasehold or to the fee of the Premises; provided, however, that Landlord shall not be entitled to any separate award made to Tenant for losses other than diminution in value of the leasehold. ARTICLE 18 DEFAULT AND REMEDIES. Landlord may terminate this lease and the term demised upon the happening of anyone or more of the following events, and the same are not remedied within thirty (30) days (within ten (10) days in regard to the payment of rent) after written notice to Tenant: (a) the making by Tenant of an assignment for the benefit of its creditors; (b) the levying of a writ of execution or attachment on or against its lease; (c) in the event proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of Tenant, or for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Tenant, and said proceedings are not dismissed, and any receiver, trustee, liquidator appointed therein discharged, within sixty (60) days after the institution of said proceedings; (d) the failure of Tenant to pay an installment of rent when due or to perform any other of its covenants under this lease. Upon the termination of the estate pursuant to the preceding paragraph, Landlord may re-enter the leased Premises wi th or without process of law by using such force as may be necessary and Landlord shall not be liable for damages or otherwise by reason of such re-entry. Notwithstanding such termination, the liability of Tenant for performance of the terms hereof shall not be extinguished for the balance of the term remaining after said termination. In the event of any breach hereunder by Tenant, Landlord may immediately or at any time thereafter, without notice, cure such breach for the account and at the expense of Tenant. If Landlord at any time by reason of such breach, is compelled to pay, or 5 r elects to pay, any sum of money to do any act which will require the payment of any sum of money, or is compelled to incur any expense, including reasonable attorney's fees, the sum or sums so paid by Landlord , with interest thereon at the rate of eighteen percent (18%) per annum or the highest rate permitted bylaw, whichever is less, from the date of payment thereof, shall be deemed to be due from Tenant to Landlord on the first day of the mo~th following the payment of such respective sums or expenses. Landlord is hereby given a first lien upon all property of Tenant which shall come in or be placed upon the leased Premises and whether acquired by Tenant before or after the date hereof to secure the payment of rent and the performance of each and every other covenant herein contained to be performed by Tenant. Upon any default hereunder and failure oft cure as herein provided, Landlord, without notice or demand, may take possession of and sell such property without legal process of any kind, at public or private sale after on publication of a notice thereof in a daily newspaper published in the county where the leased Premises are . situated, not less than ten (10) days before such sale or by giving . minimum notices required by law. The proceeds of such sale shall be applied first to the payment of expenses thereof, second to the discharge of the rent or other liability hereunder unpaid, and the balance, if any, to be held for the account of the Tenant. Tenant agrees to execute and record any financing statements and other documents necessary to perfect of record the lien herein granted. Should Landlord be in default under the terms of this lease, Landlord shall have reasonable and adequate time in which to cure the same after written notice to Landlord by Tenant. ARTICLE 19 SURRENDER OF POSSESSION. At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, Tenant shall surrender the Premises in good condition and repair, reasonable wear and tear and loss by fire or unavoidable casualty excepted. If the Premises be not surrendered at the end of the . term or the sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord. In the event Tenant remains in possession of the Premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shall be deemed to be occupying the Premises as a tenant from month to month, at 150% of the minimum rent, subject to all the other conditions, provisions, and obligations of this lease insofar as the same are applicable to a month-to-month tenancy, provided said possession is with Landlords consent. ARTICLE 20 TERMINATION. Not withstanding the remedies for default 6 . . . on the part of the Tenant, this agreement may be terminated by Landlord at the end of the lease term by serving written notice upon Tenant at least six (6) months prior to the expiration of the lease term. Landlord understands that Tenant is a municipal corporation and political subdivision of the state of Minnesota, responsible to the Taxpayers within its jurisdiction. In the event Tenant sustains operating losses two (2) consecutive years, Tenant may provide six (6) months written notice to Landlord of its right to terminate the Lease. ARTICLE 21 HAZARDOUS SUBSTANCES. The term "Hazardous Substances," as used in this lease, shall mean pollutants, containments, toxic or hazardous wastes or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law," which term shall mean any federal, state or local law or ordinance relating to pollution or the protection of the environment. Tenant hereby agrees that (i) no activity will be conducted on the Premises that will produce any Hazardous Substance, except for such acti vi ties that are part of the ordinary course of Tenant's business (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; (ii) the . Premises will not be use in any manner for the storage of any Hazardous Substances, except for the temporary storage of such materials that are used in the ordinary course of Tenant's business ( the "Permitted Materials"), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Landlord (iii) Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for Permitted Materials, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If, at any time during or after the term of the lease, the Premises is found to have been so contaminated by Tenant or subject to said conditions created byu Tenant, or at Tenant's instance, Tenant shall indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages, and obligations of any nature, including reasonable attorney's fees, arising from or as a result of such conditions or use of the Premises by Tenant. The foregoing indemnification and warranty shall survive the termination or expiration of this Lease. To the best of Landlord's actual and not constructive knowledge,m as of the Commencement Date, the Premises shall be free of all Hazardous Materials that are not in compliance with applicable Environmental Laws. In the event that during the lease term, Tenant discovers the existence in the Premises of Hazardous 7 Materials other than those handled by Tenant, handled by a sublessee of Tenant or other party that has occupied any portion of the Premises after acquiring all or any portion of Tenant's rights hereunder, and if such Hazardous Substances have not been handled in compliance with all applicable Environmental Laws (such hazardous materials, that have not been handled in compliance with all applicable Environmental Laws being defined as "Building Unlawful Hazardous Materials"), then Landlord's sole obligation and responsibility to Tenant shall be (a) the commencement, within sixty (60) days after Landlord receives from Tenant notice of such breach or discovery, as the case may be, and verifies the accuracy of such claim by Tenant, of a removal, encapsulation or other containment program reasonably elected by Landlord which is required by and complies with applicable Environmental Laws, and (b) the diligent prosecution of such program to completion, including any required monitoring or reporting activities, in such a manner as will make the Premises free from Building Unlawful Hazardous Materials in accordance with the standard promulgated in applicable Environmental Laws,. Landlord shall indemnify Tenant from and against any claims made by, or liabilities or judgements owed to, third parties to the extent that the damages forming the basis thereof are caused by the presence, now or hereafter, of any Hazardous Materials that have been placed, stored or generated in the Premises or the Building by Landlord. ARTICLE 22 PARTIAL INVALIDITY. If any provision of this lease, or the application thereof to any party or circumstance, shall be determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity, legality or enforceabili ty of any other provision of this lease, or the application thereof to any other person or circumstance. 8 ." . . , "-. . . THIS LEASE is hereby executed and delivered as of the date first above written. City of Tonka Bay, Minnesota Mayor Administrator CITY OF SHOREWOOD, MINNESOTA Mayor Administrator 9 / . . ;!, . i . OCT 20 '94 ,12: 37 OSM MPLS, MN P.l (>>'\1.. ~"" . . i October 20, 1994 300 Parle Place East 5175 Wayura BouIC'vard ~.MNSS4J.6.l2.28 612-596-'5715 . 1-800-753-5775 FAX 595-5714 ~~ Planners Surveyors Honorable Mayor and City ~cil City of Shorewood 5755 CoUntry .Oub Road ShorewOod, MN 55331 Re: Osha Sewer Extension Oty Project 93-3 OSM File 5047.00 Dear ~or and Council Members: At the last Council meeting. MIs. Osha questioned the amount of ber assessment in light of the fact that she does not think that they.received aU of what they were promised (Le. trees). Hopefully, this report will resolve the issue to everyone's satisfaction.' ' . First, S()n1C background on the job.. The OSha's, due to their ,l~tion in the city, were not originally connected to the city sewer sys~ Instead, they had an on..site system that was . bezinning to show signs of failing due to age. We began disctJ,ssing a City sewer extension with them as early as 1991, but the estimated cost of $17,000 was. more than they wanted to incur. Subsequently. nego~tions were $tarted with the City ~t ultimately resulted in . a package of park land, easemen~ and publk ~dng leading to the constrUction of ' the requir~ extension. ' The preliminary budget for.this pr~ject was $17,000, and this. figlp'C was used during the original negotiations. However, once plans were prepared, it became evident that this. pre~iml.nalY estiInate was probably too high: and the budget was revised to $14,400. Of this ~ the Osha's were to be assessed half, or $7,200. Because:the sewer extension was . to. ~ placed partly on easement over the neighboring property, we included in this budget the .plaeefl1ent of two trees on or near the neighbor's (Buonomo's) property to help mitigate the impact to them. To get the assessment certified to the County for 1994. the City used. this budget for assessment pU1'pOSe5 prior ~o completion of the project. ~JIll\ct\IlL\QOUBI\lOPlA& Eq\I&l~ ampIQyIIf #9t< :OCT 20 '94 12:37 OSM MPLS, MN . Hon01'able Mayor and City.Council . City Of Shorewood October 20, 1994 , Pagc2' P.2 , . CurrentIyt the' funds spent on the project are as follows: CoDStruction: Sl~400.00 . '. Engineering. Surveying, &: Iospection: . $ 2,697.00 Legal: $ 715.00 PCA Permit: $ 240.00 TOTAL $~4tOSZ.OO My comment to Mrs. Osha that the proposed trees would be placed "..On so;mewhat of a . funds available" basis was based on my belief that we were at or very near budget, combined. with an informal conversation with Mr. Osha. It was my understanding from this conversation that Mr. Osha had ascertained that the Buoriomo1s were satisfied, and that the trees were not '~cessary. ' I . . ! Obviously, I should have checked the funds available: more closely. and follow~d up ~ personally with the. neighbor. As of this writing, we still have not been able to contact the : Buonomo's but, hopefully, we will make contact by Mon~ay's meeting. , , , i If. trees are indeed not necessary. an 3djustment to the Osha's assessment in the ~t of : $174.00, ([$14,400-$14052]/2) would be in . order. Alternatively, we sillI have $348.00 ; avaiJabl~ for trees, if necessary. , .... ' : I vi~ apologize for any inconvenience this may have caused you or the Osha's. Please call , me at 595-5695 with OIl)' questions. . . ! siricereJy. i ORR-SCHELEN-MA YERON : & ASSOCIA1ES .i~Le C~P.E.,LS. : City Engineer ~JAD/ce . ~~4O\aw.\CCIrUla\WllIlc-'A 1 , . . MARGARET J OSHA 25840 HIGHWAY SEVEN SHOREWOOD MN 55331 September 23, 1994 Mr. Jim Hurm, Administrator City of Shorewood 5755 Country Club Road Shorewood MN 55331 Dear Mr. Hurm: I am enclosing my check in the amount of $178.75 in payment of Sewer charges up to June 30 1994. I am making this payment under protest, since the City of Shorewood has not yet made good on its part of restoration work in connection with the original sewer installation job. $1100.00 was charged as part of the installation costs for "restoration and trees." This work was to be completed this past summer. The Osha family portion of this cost was $550.00. After several phone calls and a letter, the City finally sent some people who did what can be described at best as a slip-shod job of restoring the terrain and planting grass. The trees, however, were not planted and were to be done on--as Joel Dressel expressed it--a funds available basis. It would seem to me that the funds would already be available since they have already been added to my tax bill. It was my intent to hold my sewer payment until I owed $300.00 or the trees were planted, whichever came first. However, it looks like the City intends to add the sewer bill to my tax bill and collect it that way. In this way you don't plant the trees, but you get your money anyway. My husband, Bob Osha, tried to talk to you about this on Thursday, September 22, but you did not come back to talk to him as you promised. It seems that it is necessary for us to fight tooth and nail for everything we get from the City of Shorewood with the exception of tax bills. These seem to come with considerable regularity and ever increasing volume, in exchange for considerably irregular and ever decreasing response from city officials. WE WANT TREES OR A $300.00 TAX CREDIT! .. CKNO 14616 14617 14618 14619 14620 14621 14622 14623 14624 14625 14626 . 14627 14629 14630 14631 14632 14633 14634 14635 14636 14637 14638 14639 14640 14641 .. 14642 14643 14644 14645 14646 14647 14648 14650 14651 14652 14653 14654 14655 14656 14657 CHECK APPROVAL LISTING FOR OCTOBER 24, 1994 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 7, 1994 TO WHOM ISSUED PlJRPCSE PERA PAYROLL DEDUCTIONS AIRSIGNAL, INC BEEPER MIDWEST ASPHALT CORP ASPHALT NORTHER STATES POWER UTILITIES KENNETH POTTS SEPT PROSECUTIONS US WEST UTILITIES , BELLBOY CORP LIQUOR GRIGGS, COOPER & CO L1QUORIWINE HOOPSTRUC~NG FRSGHT JOHNSON BROS LIQUOR CO WINE ED PHILLIPS & SONS lIQUORIWINE QUALITY WINE & SPIRITS lIQUORIWINE FIRST STATE BANK FED/FICA TAX PERA PAYROLL DEDUCTIONS ICMA RETIREMENT DEFERRED COv1P CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS AFSCME LOCAL #224 UNION DUES CHILD SUPPORT ENFORCEMENT PAYROLL DEDUCTIONS ANOKA CTY SUPPORT/COLLECl PAYROLL DEDUCTIONS COMMISSIONER OF REVENUE SALES TAX MN DEPT OF REVENUE STATE TAX WITHHELD METRO WASTE CONTROL COMM SEPT SAC CELLULAR TELEPHONE CO AIR TIME MN STATE TREASURER BLDG PERMIT SURCHARGE THERESA NAAB MILEAGE PARKING BRADLEY NIELSEN SEC 125 REIMBURSEMENT JOSEPH PAZANDAK MILEAGE/FILM DEV US WEST TELEPHONE VERANDA COMMUNICATIONS CONFERENCE CASSETTES AIR REFRIGERATION REFRIG. MAIN1r. BELLBOY CORP lIQUOR BOYD HOUSER CANDY & TOBAC MISC DAY DISTRIBUTING BEERiMISC EAST SIDE BEVERAGE CO BEERiMISC GRIGGS, COOPER & CO L1QUORIWINE/MISC JOHNSON BROS LIQUOR CO lIQUORIWINE MARK VII BEERiMISC NORTH STAR ICE MISC PAUSTIS & SONS WINE ED PHILLIPS & SONS WINE AMOUNT $1,952.56 $9.58 $5,040.55 $1,634.80 $1,458.33 $242.47 $1,230.60 $2,771.87 $148.00 $496.48 $338.96 $1,594.44 $5,807.97 $1,931.51 $671.57 $432.00 $119.10 $92.50 $139.44 $5,414.00 $1,013.79 $3,960.00 $11.06 $3,323.52 $30.79 $100.00 $98.99 $48.93 $29.00 $150.00 $1 ,1 97.59 $891.46 $1,617.95 $5,731.25 $1,713.52 $2,298.51 $1,946.55 $31.56t$254.00 $395.20 Page 1 . \. CKNO 14658 14659 14660 14661 14662 CHECK APPROVAL LISTING FOR OCTOBER 24, 1994 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 7, 1994 TO WHOM ISSUED QUALITY WINE & SPIRITS THORPE DIST CO THE VICTORIA GAZETTE WEEKLY NEWS, INC MR. TOM PETERSON PURFa3E WINE BEERtMISC ADVERTISING ADVERTISING ESCROW REFUND AMOUNT $273.84 $5,323.10 $45.00 $256.00 $5,631.00 TOTAL CHECKS ISSUED Page 2 CITY OF SHORE WOOD CK APPROVAL LISTING FOR OCT. 24, 1994 COUNCIL MTG CHECKJ:l VENDOF;~ N(~I"iE DESCF< I PT I ON 1466,::l (:~ L B I 1'.J, S 01",J, U;11 I i'..J,~; TE 14665 EARL F. ANDERSEN, INC. SPEED SIGHS 14666 APPLIED GRAPHICS ASSOC. 1...J,EItJSLETn::F<S 14667 ASPEN PUBLISHERS. IHC. r1(-;NU(~LS 14668 BORDER BOOKSTORE i~EFERENCE BOOKS DEPT. (;I"iOUHT PLANrJ. I NG 1.5 ~ 31:) t:3 (~Fli~ }<. S I~ 8E~ ,~ c\l COUf-.J,C I L t~c\E) .. 82 COUNCIL 1T5,.69 r1UN BLDG ~~3 .. 8t, 14669 BRYAN ROCK PRODUCTS, INC. ROCK PARKS & 32.18 ROCK STREETS 239.37 *** TOTAL FOR BRYAN ROCK PRODUCTS, 271.55 .,70 COOFWIN(.YTED BUSH.J,ESS SYST 14671 DEM-CON LANDFILL. INC. COPIEi~ SUPPLIES PARK 1'1(U NT 14672 ERICKSON. ROLF E.A. AS.;SESSOi~ FEES ASSESSOR SUPPLIES *** TOTAL FOR ERICKSON, ROLF E.A. 14673 EXCELSIOR-CITY OF 4TH QTR FIRE PAYMENT 14674 E-Z RECYCLING INC. RECYCLING 1/2 OF SEPT 14675 FINASERVE. INC: FUEL 14676 FINANCIAL PRODUCTS CORP. COMP MAINT 11/94-11/95 .77 HOISINGTON/KOEGLER GROUP PK PLANNIHG SVS 94-6 PK PLANNING SVS 94-6 *** TOTAL FOR HOISINGTON/KOEGLER G 14678 HEHNEPIH COUNTY TREASURER LIC RENEWAL ~4679 KEN JARCHO INSURANCE INSURANCE INSURANCE *** TOTAL FOR KEN JARCHO INSURANCE 14680 KNUTSON SERVICES, INC. SEPT RECYCLING 14681 LMCIT lAlORKERS CDr1P 14682 LJM CONSULTING COMPUTER TRAINING 14683 M C I TELECOMMUNICATIONS LONG DISTANCE 14684 METRO WASTE CONTROL COMM. NOV TREATMENT CHARGES 14685 MINNCOMM PAGING 8Ei=FJi=r~ G a.J, G 0\1' T l~L:2 M 3.S P(.;F,(KS 8< 2.1.00 PROF SEi~ PROF SEF< 3,449 ,. O~:' TS..61 3 ~ 5.22 .. CH:" FIRE PRO 26,156~25 REC''y'CL 11"';' 2,185.00 CITY G(:~F,( 388,.6:2 FIHANCE .1, .532.. .12 -------- 1,067.64 PARKS & 1,492.83 2,::.60.47 CITY GAR 75.50 MUN SLDG 949..00 -------- 3,069.00 4,018.00 RECYCLIH 1,638.75 MUN BLDG 19,605.00 GEH GOVT 750.00 MUi'.J, SLDG 7..71 SEWER DE 34,570.91 14,.38 Page 3 3RD QTR MTKA WA CONSUMP WATER DE 1,064.67 14686 MIHHETONKA-CITY OF CITY OF SHORE WOOD CK APPROYAL LISTING FOR OCT. 24. 1994 COUNCIL MTG CHECK~ YENDOR NAME DE:3CF<~ I PT I Oi"J, 14687 MTKA PORTABLE DREDGING CLEAN HOLDING POND 14688 MUNITECH. INC. NOY MAINT NOY r1(:1 I r',J,T *** TOTAL FOR MUNITECH, INC. 14689 NAVARRE TRUE YALUE SUPPLIES SLI~)F)L.. I E~3 SUPPLIES SUPPLIES SUPPLIES SUPPLIES *** TOTAL FOR NAVARRE TRUE YALUE .90 ORR,SCHELEN,MAYERONjASSOC ENGINEERING SVS [i'-.J.C:IINEEI'-7HJ.G SVS EHGIHEEr~IHG SVS ENGIHEERIHG SYS EHGHJ.EERIHG SYS ENGINEERH.J.Ci SYS El'.J.GIHEEf'-7IHG SVS ENGINEERIHGI SVS EHG I NEEf'-7 I HG SVS *** TOTAL FOR ORR,SCHELEH,MAYEROH/ 14691 PARRANTO ASSOCIATES. INC DRAINAGE EASEMENT 14692 PEER ENVIRONMENTAL AHD PROFESSIOHAL SVCS .<.,q-;:; .'~ PEPSI COLA COMPANY POP MACHINE RENTAL POP SUPPLIES *** TOTAL FOR PEPSI COLA COMPANY 14694 PITNEY-BOWES IHC. POSTAGE METER RENTAL 14695 PRECISION COMPUTER SYSTEM ANHUAL COMP SUPPORT ANNUAL COMP SUPPORT AHHUAL COMP SUPPORT *** TOTAL FOR PRECISIOH COMPUTER S 14696 RICHARO L. VOIGT JR., PE CONSULTING EHGINEER 14697 SEARS COMMERCIAL CREDIT SHOP TOOLS 14698 SO LK MTKA PUB SAFETY OEP NOV PAYMEHT COURT OT JULY-SEPT *** TOTAL FOR SO LK MTKA PUB SAFET DEPT. Ar10UNT 1.440.00 WATER DE 3.720.00 SEWER OE 2.480.00 6,200.00 CITY GAR 88.34 CITY GAR 8.88 TRAF CON 16.21 PARKS & 18.08 GEH GOVT 14.05 MUN BLOG 13.25 158.81 4,840.60 I/.J(;~TE::r.~ DE .5f~7 rc L~.5 688.80 '73~~ .. 23 Cl.St:) 14 ~2.5 SEI/.JEF~ DE 891.00 778.50 53:::-S.25 2, 9'7() " 34 12,67a .. 22 PROF SER 1.075.00 CITY G(:IR a70.00 MUN SLOG 11.53 MUN SLOG 107.40 118.93 r1Uf',J, SLDG S>2..c\6 FINANCE 905.25 WATER DE 213.00 SEWER DE 213.00 1, ~,31.. 25 SEI/JER DE .5,23.5.. ()2 CITY Cd~R .58..53 POLICE P 34,040.88 POLICE P 163.17 34,204.05 14699 TIME SAVER OFF SITE:: SEC MIHUTES GEN GOVT 234.00 MIHUTES PLANNING 105.00 *** TOTAL FOR TIME SAVE::R OFF SITE:: 339.00 14700 TOLL GAS & WELDIHG WELDING SUPPLIES Page 4 CITY (.;(:)1--< 67.69 CITY OF SHORE WOOD CK APPROVAL LISTING FOR OCT. 24, 1994 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT _._________ ---.----------______0__..__.--... __....._.__._____._.._.._____.__..__..____..__ --.---.------ ---.-.--.----..-.- 14701 TONKA BAY-CITY OF 3RD QTR WATER 3F-<D (~TR SEI/.)EF<~ *** TOTAL FOR TONKA BAY-CITY OF WATER DE 443.93 SEWER DE 165.00 60~3 . 93 14702 UNITOG RENTAL SERVICES U~\UNDF<Y SEFN I CE CITY Gf~F< 3-,.=,.. 7C' 1r.j.703 I,../(~HEF;~PFW PURCHASE WATER METERS I/.)(;~TEF-< DE 1,162.14 14704 MN SUN PUBLICATIONS LEGAL ADVERTISEMENTS GEN GOVT 102.72 LEGAL ADVERTISEMENTS -------- 24.00 *** TOTAL FOR MN SUN PUBLICATIONS 126.72 . *** .. TOTAL CHECKS FOR APPROVAL 16El , 607 ,. 93 *** TOTAL CHECK APPROVAL LIST 233,507.27 . Page 5 C H I::: C }<. r.~: c.. C1 I ~') r I:: f:~~ CHECl< CHEC:-<. Ei'jPLUYEE (",!PI11E CHECI<. CHEcr<. T"lPE DryrE (jUl....i8EF<~ ~~Uf"'iBER (;t10U(IT COt'j 10 18 9<~i 230 CHf~ I STOFJHER r....j . CI~if~EY 208758 28~3 .. .5t., cm1 10 18 (94 :;.00 CHr;RlES S.. Dr:."VIS 208759 594.97 COM 10 18 94 775 Jr;MES C. EPlf': I NS 20S760 191.17 COl1 10 18 94 800 DANIEL H. :=EEt,jE'y' 208761 97.18 Cot1 10 18 94 1001 JOHN M. l=f~UTH 2()S.762 33..28 COt1 10 1S 94 1150 SUZ(~"NNE M. GRAH~J, 2()8763 15.00 COM 10 1 c. 94 1.190 r<:r~"THlEEi'j (~ " HEi3Ef'~T 208764 ,:.,7().. 22 .:;) COM 10 18 94 .1400 Pf~TRIChl R. HELGESEt-j 208765 788.85 COM 10 1S 94 .1550 ']~~MES C. HURM :20~37 66 .1:;.12.66 COI....j 10 18 94 1700 .JEFFf~EY r;~ . JErJ,SEi'J. 208767 724.70 COi'1 10 .18 94 1800 DEi'.J.NIS D. JOHNSOi",J. 208768 7::.0. 40 COM '10 18 94 1950 MARTIN L. JONES 208769 17.81 COi"j 10 .18 94 2100 I"JILLIAM F. JOSEPHsm.! 208770 505.99 COf1 10 18 94 2500 SUSAN 11. LATTERNER 208771 25.97 Cor1 10 18 94 2800 .JOSEPH P. LUGOI"JSKI 208772 772.09 COM 10 18 94 2900 f~USSELL f~ . I1ARRON 2()8773 62.59 COi"i 10 18 94 2910 HEIDI M. M(;Y 203774 361'") ... ()S'i .Ot1 10 18 94 3000 THERESA L. N(;(.~8 208T75 cl38 .. :53 _.OM 10 18 94 3100 U;It.JRENCE A. NICCUl1 208776 850.. 90 COl1 10 18 94 3400 BRADLEY J. NIELSEN 208777 1030.31 cor'j 10 1.8 94 3500 JOSEPH E.. P (~ .2 0-) r'.,~ 0 t:~ j-<. 208778 .1065.72 COM 10 18 94 3600 DAi'J. I EL J. R(;I'~DAlL 208T79 813.09 Cor1 1.0 18 94 3701 8RII;~i'.J. 1'1. ROEI~ICf<. 208780 48.36 COl1 .10 1 c' 94 3800 f~U~N J. ROLE}, 208781 1137.55 '.... COi1 10 10 94 3900 CHRISTOPHEI~ .- SCHMID 208782 348.72 .0 c. COM 10 18 94 4600 8E\/ERL Y .J. \I 0 t-! FELDT 208783 618.78 cm1 10 .18 94 4750 RALPH A. I"JEHLE 208784 578 _ .~,2 em1 10 18 94 4900 DEAN H. YOUr~G 20878::, c,5c\ .. 23 COM 10 18 94 5000 DONALD E.. ZDRI~iZ I L 208786 1187.93 ****TOTALS**** 16390.07 . Page 6 " CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 4, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD ,..,,~:> 7:00 P.M. r~" ('~"" MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Borkon, Malam, Pisula, and Turgeon; Council Liaison Lewis; Planning Director Nielsen. Commissioner Bean entered the meeting at 7:18 p.m. Absent: Commissioner Foust. APPROVAL OF MINUTES Borkon moved, Malam seconded to approve the minutes of the Commission's September 20, 1994 meeting. Motion passed 5/0. 1. 7:00 PUBLIC HEARING - SETBACK VARIANCE Applicant: Location: Howard Lerohl 25585 Birch Bluff Road Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen reviewed Mr. LerohI's request for setback variances to build a detached 2-car garage on his property at 25585 Birch Bluff Road. He also proposes to raise his existing home, construct a new basement, and expand the existing structure. A variance is required because the home does not comply with current R -1 C district setback requirements. The subject property is substantially nonconforming containing only 11,100 square feet of area. The garage requires a 32' rear yard setback variance and a 17' variance on the side yard abutting a street. The existing house is located approximately 20.7' from the right-of-way of Birch Bluff Road and 18.3' from Eureka Road. The subject property and 2 lots to the east of it are relatively small for the RI-C zoning district. The home, built in 1908, has a small single car attached garage on the east side. The house immediately to the east is located slightly closer than the applicant's to Birch Bluff Road (16.5'). Both Birch Bluff Road and Eureka Road are 66' wide creating more open space than the standard right-of-way. Nielsen stated the additional right-of-way is a factor in considering the applicant's request. Nielsen recommended the garage be placed at least 10' from the south lot line, as far to the east as possible without damaging existing trees in the southeast corner of the lot. Nielsen noted the Code allows use of an average setback when homes on adjacent lots are closer to the street than requirements allow. He explained that a basement will not visibly increase the nonconformity of the house and expansion of nonconforming structures is allowed to improve its livability. Nielsen explained how the applicant's request is consistent with the criteria for granting variances. Nielsen recommended that the applicant be granted a variance to build a basement under the existing home and placement of the garage be approved 10' from the south property line as far east as possible. PLANNING COMMISSION MINUTES October 4, 1994 - PAGE 2 Mr. H<?ward Leroh1, the applicant, stated a basement will be constructed beneath the porch expanSIOn on the front of the house and the floor in the existing garage will be replaced. He justified his 8' variance request (rather than the recommended 10') for placement of the garage beca~se his neighbor's is less than 7' from the line and going 18-19' from Eureka Road would line up WIth the west wall of the house, and it would be closer to the road. The 2-car garage will be 24' long and 22' wide and will be entered from Eureka Road. Chair Rosenberger opened and closed the public hearing at 7: 18 p.m., there being no comments from the public. The Commissioners interposed no objections to the variance requests, supported the recommended 10' rear yard variance, and noted that while the property is nonconforming, the proposed impr~vements are favorable. Pisula moved, Malam seconded to recommend to the Council that it approve the setback variances for Howard Lerohl, at 25585 Birch Bluff Road, subject to the staff recommendations, with a 10' setback variance from the southerly lot line, with a l' extension to the porch further to the north of the house, and maintaining the setback from the Eureka Road as proposed by the applicant. Motion passed 6/0. The Council will consider the recommendation at its October 24, 1994 meeting. 2. SIMPLE SUBDIVISION Applicant: Location: Wm. Pat Cunningham 6180 Ridge Road Chair Rosenberger announced the case. Nielsen stated the applicant owns the southern-most lot on the west side of Ridge Road and land immediately south in Chanhassen. In the subdivision of the land in Chanhassen, Mr. Cunningham proposes to rearrange the southerly lot line of the Shorewood lot. The Shorewood lot is zoned R-1A/S, is vacant and contains approximately 23,310 square feet of area. The proposed division will increase its area to 27,829 and increase its width from 47' to 92' significantly improving the lot. Although the proposed lot will be 171 square feet short of the zone's area requirement, it is within the accuracy range of the instrument used to measure lot size. Nielsen explained that the division/combination results in a small triangle of Shorewood property connected to a Chanhassen lot and a larger triangle of Chanhassen property connected to a Shorewood lot. To avoid problems associated with 4 taxing jurisdictions, Nielsen recommended that protective covenants be prepared stating that any structures built on the Shorewood parcel must be located north of the municipal boundary line and that any structure built on Parcel 2 must be located entirely south of the municipal boundary. The covenants should also legally tie the Chanhassen triangle to the Shorewood lot and the Shorewood triangle to the Chanhassen lot. Nielsen recommended approval of the application subject to: 1) approval of the division/combination by Chanhassen; 2) provision of the required legal descriptions; 3) preparation of protective covenants setting forth building restrictions and legal combination of the parcels as recommended; and 4) provision of an up-to-date title opinion for review by the City Attorney. Items 1-4 must be submitted to the City within 30 days after Council approval. Following receipt, a resolution for final Council approval will be prepared. The resolution must be recorded with Hennepin and Carver counties within 30 days of fmal approval. Mr. Pat Cunningham, the applicant, stated he intends to sell the north lot, give the center lot to the family trust to remain in its natural state, and retain the third lot. He intends to comply with the staff recommendations to facilitate his plans for the properties. .. PLANNING COMMISSION MINUTES October 4, 1994 - PAGE 3 Turgeon inquired whether the applicant accepts each of the staff recommendations. Mr. Cunningham stated he intends to totally comply. Pi sui a inquired about the driveway for lot 1. Nielsen stated the property will be accessed from the Chanhassen side of Ridge Road. Bean inquired whether annexation to maintain the City dividing line at the lot line could be considered. Nielsen explained annexation is a complicated process and even though the municipal line is changed, the County border would still remain the same. Despite the tax complications, jogging the borders through annexation is not worth the effort. Borkon requested clarification regarding the driveways. Nielsen explained each lot will have individual driveways coming from the south from the Chanhassen portion of Ridge Road. Borkon inquired about the building restrictions in the protective covenants. Nielsen explained that to avoid division among 4 taxing jurisdictions, structures on the Shorewood parcel must be built north of the municipal boundary line and structures on Parcel 2 must be located entirely south of the muniCipal boundary. Mr. Cunningham stated it may be difficult to sell the parcel with a condition that a home must be built in a specific location. Nielsen strongly recommended that the restriction be included and pointed out that the parcel contains plenty of buildable space. Rosenberger commended Mr. Cunningham for his plan to preserve the center lot. Borkon moved, Turgeon seconded to recommend to the Council that it approve the application of Wm. Pat Cunningham, 6180 Ridge Road, for a simple subdivision/combination subject to the staff recommendations outlined in Nielsen's memorandum dated September 29, 1994. Motion passed 6/0. The Council will consider the recommendation at its October 24, 1994 meeting. 3. PUBLIC HEARING. PRELIMINARY PLAT. ZACHARY WOODS (tabled from September 6, 1994 meeting) Applicant: Location: Brent Sinn 6035 Galpin Lake Road Nielsen reported that at its September 26 meeting, the Council adopted Ordinance No. 296, "An Interim Ordinance Adopting a Moratorium on Review and Approval of Certain Subdivision in the City of Shorewood," to remain in effect until March 1, 1995. The Ordinance affects the remaining items on the agenda. The City Attorney recommends the items be tabled subject to expiration of the development moratorium. Nielsen referred to the City Engineer's memorandum dated September 28, 1994 reviewing the preliminary grading plan submitted by Mr. Brent Sinn for Zachary Woods. Nielsen suggested the applicant continue preparation of the plat application and noted that condemnation procedures regarding Galpin Lake Road will require discussion. Malam moved, Turgeon seconded to table, pending expiration of the development moratorium, the preliminary plat application of Brent Sinn for Zachary Woods, 6035 Galpin Lake Road. Motion passed 6/0. 4. PUBLIC HEARING . FORMAL APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (tabled from September 6,1994 meeting) Applicant: Location: Lundgren Bros. Inc. 76.5 acres north of Smithtown Road west of Minnewashta School PLANNING COMMISSION MINUTES October 4, 1994 - PAGE 4 Nielsen stated that Lundgren Bros. Construction Inc. requests that the formal application of a Comprehensive Plan Amendment be withdrawn from consideration from the October 4 Planning Commission meeting agenda and requests that the item be continued until the November 1 or 15 Planning Commission meeting (l0-04-94 letter). Nielsen stated the Land Use Chapter of the Comp Plan is scheduled for consideration at the November 15 meeting and indicated Lundgren Bros. wishes to address the Commission with respect to its Comprehensive Plan amendment request. The Commissioners discussed the Lundgren withdrawal request. Rosenberger stated that adequate information has been provided by the applicant, a public hearing has been conducted and other issues besides density may arise during the Commission's Land Use discussion. Bean stated there is merit in treating all the pending applications equitably therefore favored tabling the application. Malam and Borkon supported giving the applicant an opportunity to address the Commission in view of its atypical request as compared to the other pending applications. Bean moved, Pisula seconded to table, pending expiration of the development moratorium, Lundgren Bros. Inc. formal application for a Comprehensive Plan Amendment for 76.5 acres of property located north of Smithtown Road, west of the Minnewashta School. Motion passed 4/2. Malam and Borkon voted nay. Mr. Marc Anderson, representing Lundgren Bros., stated its application is at a different stage than the others and the project is at a disadvantage compared to the company's competitors. 5. PUBLIC HEARING. PRELIMINARY PLAT. MANITOU WOODS (tabled from September 6, 1994 meeting) Applicant: Location: Abingdon Development Corp. 5580 Manitou Road (County Road 19) Pisula moved, Borkon seconded to table, pending expiration of the development moratorium, the. application of Abingdon Development Corp. for Manitou Woods preliminary plat, 5580 Manitou Road (County Road 19). Motion passed 6/0. 6. PUBLIC HEARING . DEVELOPMENT STAGE PLAN . HERITAGE P.U.D. (tabled from September 6, 1994 meeting) Applicant: Location: Abingdon Development Corp. South of Edgewood Road approximately 700 feet east of Howard's Point Road Turgeon moved, Borkon seconded to table, pending expiration of the development moratorium, the application of Abingdon Development Corp. for Heritage P.U.D. development stage plan located south of Edgewood Road approximately 700' east of Howard's Point Road. Motion passed 6/0. 7. PUBLIC HEARING. CONCEPT STAGE PLAN. SHOREWOOD SENIOR HOUSING (Tabled from September 6, 1994 meeting) Applicant: Location: International Development II 25600 State Highway 7 and 6140 Eureka Road Borkon moved, Pisula seconded to table, pending expiration of the development moratorium, the application of International Development II for concept stage plan for Shorewood Senior Housing at 25600 State Highway 7 and 6140 Eureka Road. Motion passed 6/0. ~. - PLANNING COMMISSION MINUTES October 4, 1994 - PAGE 5 8. PUBLIC HEARING - PRELIMINARY PLAT - SMITHTOWN WOODS (tabled from September 6, 1994 meeting) Applicant: Location: Clint Carlson and Brian Ohland 25895 and 25865 Smithtown Road Borkon moved, Malam seconded to table, pending expiration of the development moratorium, the application of Clint Carlson and Brian Ohland for Smithtown Woods preliminary plat at 25895 and 25865 Smithtown Road. Motion passed 6/0. 9. MATTERS FROM THE FLOOR Ingrid Schaaf, 25605 Smithtown Road, stated a request for installation of a stop light at County Road 19 and Country Club Road has been referred to the County for consideration. A feasibility study will be conducted by the County. Schaaf expressed concerns regarding use of snowmobiles in the City. 10. REPORTS Council Liaison Lewis reported on actions taken by the Council at its September 26, 1994 meeting and answered Commissioners' questions. Commissioners commented on inaccurate newspaper coverage of the development moratorium. Nielsen stated the paper has been asked to print a correction. Borkon presented a matter of concern relating to run-off into Christmas Lake that possibly affects the apparent natural resistance against milfoil in the lake. She requested direction from the staff and Commissioners. It was suggested that the matter be referred to the Department of Natural Resources and/or the watershed district. 11. ADJOURNMENT Turgeon moved, Bean seconded to adjourn the meeting at 8:45 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial