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020893 CC Reg AgP CITY OF SHOREWOOD -R~ULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 8, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Lewis Mayor Brancel Benson stover Daugherty C. Review Agenda 2. APPROVAL OF MINUTES A. Regular City Council Meeting - January 25, 1993 (Att.No.2A-Minutes) B. Executive Session - January 25, 1993 (Att.No.2B-Minutes) 3. CONSENT AGENDA - Motion to Approve Items on Consent Aqenda and Adopt Resolutions Therein r A. A Motion to Adopt a Resolution Proclaiming March 7-14, 1993 - Volunteers of America Week (Att.No.3A-Proposed Resolution) A Motion to Adopt a Resolution Approving a List of Judges for the Special Election - March 9, 1993 (Att.No.3B-Proposed Resolution) C. A Motion to Adopt a Resolution Approving a C.U.P. for Freeman Park Storage Building (Att.No.3C-Proposed Resolution) B. l , t D. A Motion to Approve Contract for City Administrator James C. Hurm (Att.NO.3D-Contract) 4. PARK A. Report on Park Commission Meeting of January 26, 1993 5 . PLANNING A. Report on Planning commission meeting of February 2, 1993 .. 6. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 263 - ESTABLISHING A CHARGE FOR A STORMWATER UTILITY (Att.No.6-Proposed Ordinance) CITY COUNCIL AGENDA - FEBRUARY 8, 1993 PAGE TWO 7: CONSIDERATION OF AN ENGINEERING DESIGN AGREEMENT FOR REHABILITATION OF LIFT STATIONS .9 AND 10 AS SCHEDULED IN CAPITAL IMPRqVEMENT PLAN Ii (Att.No.7-Engineer's Memo, Proposed : Resolution and Agreement) 8. CONSIDER A MOTION FOR THE UPGRADING OF AMESBURY WELL (Control SwitCh) AND AUTHORIZING THE ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE LOWEST BIDDER (Att.No.8-Engineer's Memo) 9. CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF A ONE YEAR EXTENSION TO CONTRACT FOR DEED - WILLIAM BIGLEY 5795 COUNTRY CLUB ROAD (Att.No.9-Finance Director's Memo, Proposed Resolution and Applicant's Request) 10. CONSIDER A RESOLUTION APPROVING FINAL PLAT AND AUTHORIZING THE EXECUTION OF THE DEVELOPMENT AGREEMENT WATERFORD 4TH ADDITION (Att.No.10-Planner's Memo, Proposed Resolution and Development Agreement) 11. RECONSIDER RENTAL HOUSING CODE (Att.No.11-Planner's Memo) 12. MATTERS FROM THE FLOOR Report from Senior Center Task Force Bob Gagne 13. STAFF REPORTS A. City Attorney B. City Engineer C. City Planner 1. Recommendation for Excelsior Blvd. (Att.No.13B-1-Engineer's Memo) 1. Hennepin County Ground Water Plan Report D. Finance Director E. City Administrator 1. Meeting Schedule 14. ADJOURNMENT SUBJECT TO THE APPROVAL OF CLAIMS (Attachment) JCH.al 2/3/93 February 4, 1993 AGENDA ITEM 10 CONSIDER A RESOLUTION APPROVING FINAL PLAT AND AUTHORIZING THE EXECUTION OF THE DEVELDPMENT AGREEMENT - WATERFORD 4TH ADDN . The Planner's memorandum is attached in the. packet. The proposed Resolution and Development Agreement will b~ sent under separate cover. Of ~~ . EXECUTIVE SUMMARY r SHOREWOOD CITY COUNCIL MEETING AGENDA ; MONDAY, FEBRUARY 8, 1993 Please note that Kristi stover will be absent from both February City Council meetings. Rob Daugherty has indicated there is a possibility he may not be able to make the February 8th meeting. If four members are not present Item 3C "Approving a CUP for Freeman Park storage Building" should be removed from the agenda because a 4/5 vote is required. The remaining items can be acted upon. AGENDA ITEM 3A - This resolution proclaims March 7-14, 1993 as Volunteers of American Week. . AGENDA ITEM 3B - This resolution approves the list of election judges for the March 9, referendum election. The list is an attachment on the back of the resolution in the packet. AGENDA ITEM 3C - This resolution grants the CUP for the maintenance concession building at Freeman Park to be built by the Little League organization in the Spring. AGENDA ITEM 3D - The agreement with the City Administrator simply requires a motion to approve. AGENDA ITEM 6 - This ordinance establishes the stormwater drainage utility basic system rate at $3.75 per quarter which is the amount that has been discussed throughout the deliberations of this issue. . AGENDA ITEM 7 - Our CIP Stations 9 & 10 this year. for the design work to be $15,000. Similar work was $12,000. calls for the rehabilitation of Lift The proposed agreement with OSM calls done on an hourly basis not to exceed done for two lift stations in 1992 for AGENDA ITEM 8 - Our Capital Improvement budget (see page 24 of our CIP) identifies an $18,000 expenditures for a variable speed pump control at Amesbury Well. Council action would be to authorize the Administrator to enter into such an agreement with the low bid after receiving quotes for the work, provided the low quote is less than $18,000. AGENDA ITEM 9 - The owner of the house to the south of City Hall is requesting a one year extension of the balloon payment of $91,600 to the City. Because the payments are current and the interest rate is 10%, staff is recommending that Council pass a resolution approving this extension for one year. You will note on page 29 9f our CIP that although we were anticipating the ballo?n payment of the house mortgage our capital reserve balance J.S sufficient to absorb the delay until 1994. AGENDA ITEM 10 - Waterford 4th Addition developers have decided not to request the City to undertake the public improvements. Therefore at this point it appears that everything is in order for the Council to pass the resolution approving the final plat and authorizing execution of the development agreement. AGENDA ITEM 11 - A memorandum from the Planning Director is enclosed in the packet which explains the issues relating to the rental housing code which was originally considered by the City Council in May of 1990. Since that time there have been numerous discussions on the code. It seems time to get final direction from the City Council on the rental housing code. Brad Nielsen will review each of the remaining issues for the Council at the meeting. . AGENDA ITEM 12 Five south lake communities have appointed representatives to a South Lake Senior Center location committee. Bob Gagne is the Shorewood City Council's representative. Bob will be reporting that the committee is recommending a senior center be located at the City Hall/Badger Park property. . JCH.al 2/4/93 . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 25, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:00 p.m. A. PLEDGE OF ALLEGIANCE B. ROLL CALL . Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover; Administrator Hurm, Attorney Keane, Planner Nielsen and Finance Director Rolek. C. REVIEW AGENDA Daugherty moved, Stover seconded to approve the Agenda for January 25, 1993. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Regular City Council Meeting - January 11, 1993 . Stover moved, Benson seconded to approve the City Council minutes of January 11, 1993. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for January 25, 1993. Lewis moved, Stover seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A. RESOLUTION NO. 12-93 "A Resolution Granting a Conditional Use Permit to Deposit Fill in Excess of 100 Cubic Yards for Robert Balgard." B. Motion to Approve Updates on Job Description for Various Positions Within City Government 1 . :l-A REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 2 C. POSTPONED D. Motion to Request Sewer and Water Service from the City of Chanhassen. Applicant: Judy Budreau Location: Holly Lane E. Motion Approving Extension of Deadline for Submitting Final Plat- Spruce Hill. Applicant: Paul Kelly Location: Yellowstone Trail F. RESOLUTION NO. 13-93 "A Resolution Accepting the Construction of the Salt/Sand Site Grading and Appurtenant. Items-City Project No. 91-51," including a final payment of $19,792.79 to Northwest Asphalt Inc. G. Motion Accepting Changes and RESOLUTION NO. 14-93 "A Resolution Amending Resolution No.1 0-93, A Resolution Determining the Necessity for the Issuance of General Obligation Bonds and Calling a Special Election Thereon." . Motion passed 5/0. 4. 7:30 P.M. - PUBLIC HEARING - ORDINANCE ESTABLISHING CITY STORMWATER UTILITY. RATES. AND CHARGES Hurm reviewed the eight objectives of the Stormwater Utility as detailed on page 2 of the proposed Ordinance. He stated that this is a system of funding stormwater improvement and maintenance projects which heretofore have been funded from the General Budget. Rates and charges will be determined through the use of a IIresidential equivalent factor.1I The current fee to be proposed is $3.75 per quarter per residential household. Hurm clarified that the stormwater system and the sanitary sewer system are separate systems. . Brancel opened the Public Hearing at 7:30 p.m. Mr. Bill Maddy, 5780 Christmas Lake Road, stated that his property is bounded on the north and. west sides by the City of Excelsior. He brought the Council's attention to surplus water directed on to his property from those sides and his inability to deal with such excess water. Brancel explained Mr. Maddy's situation and indicated she would contact Excelsior to resolve this problem. Brancel closed the Public Hearing at 7:44 p.m. Hurm noted that where there is overlapping of jurisdiction, the affected cities would work together to resolve problems. 2 REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 3 Lewis stated that the Ordinance will aid in completion of necessary projects. Stover stated the fee schedule established by the Ordinance will provide equal distribution of the costs for storm~ater maintenance and improvement projects. Lewis moved, Stover seconded to adopt ORDINANCE NO. 268, An Ordinance Establishing City Stormwater Utility, Rates, and Charges. Motion passed 5/0. Hurm noted thatthis action does not set the fee for the stormwater utility, however, a fee recommendation will be brought before the Council for its consideration at its next meeting. . 5. PARK A. Report on Park Commission Meeting - January 12, 1993 Hurm briefly commented on the Commission's January 12 meeting. B. Consider Adopting a Resolution of Support for the Light Rail Transit/Interim Regional Recreation Trail Corridor Stover moved, Benson seconded to adopt RESOLUTION NO. 15-93 "A Resolution of Support for the Light Rail Transit/Interim Regional Recreation Trail Corridor.11 Motion passed 5/0. 6. PLANNING . A. Report on Planning Commission Meeting - January 19, 1993 Commissioner Malam noted that the January 19 work study session was re-scheduled to February 2, 1993. He reported that at its January 5 meeting, the Commission voted unanimously to recommend approval of a conditional use permit for Freeman Park storage building/concession stand. Malam stated the South Tonka Little League is financing the project and the structure's design is consistent with that of those proposed for future construction in the park system. Malam thanked the South Tonka organization for its efforts on this project. Mr. Gary Dresel, representing the Little League, requested that two street-light type lights be installed by the City in the park to provide for security - one near the building and one near parking lot #3. Daugherty requested clarification of how the location of the building was determined. Dresel noted that the north end of the park is used for softball, that there is a possibility 3 REGULAR CITY COUNCIL MINUTES JANUARY 25,1993 - PAGE 4 of acquiring additional park land on the east side and that the building site would then be centrally located. Hurm noted that future plans call for an additional building on the north side for hoc~ey and softball and family recreation. Malam reported that residents appearing at the public hearing conducted by the Planning Commission enthusiastically supported the addition of security lighting in the park. B. Consider a C.U.P. for Freeman Park Storage Building Daugherty moved, Stover seconded to direct the staff to prepare a findings of fact resolution granting a conditional use permit for Freeman Park Storage Building including installation of two security lights. Motion passed 5/0. . 7. CONSIDER A MOTION TO ADOPT ROBERTS RULES OF ORDER Keane recommended that the Council adopt Roberts Rules of Order as the procedural governing mechanism for conducting Council meetings. He noted that the Rules are well suited for an assembly such as the Council and in his experience has not encountered instances that could not be addressed by the Rules. He pointed out that the Council may adopt procedures which would supersede Roberts Rules such as in matters of recision. Keane indicated he would provide information on areas the Council may wish to have additional limitations to supplement Roberts Rules. Daugherty moved, Lewis seconded to adopt Roberts Rules of Order. Motion passed 5/0. . 8. CONSIDERATION OF A PROPOSED AMENDMENT TO THE RECYCLING CONTRACT WITH KNUTSON SERVICES INC. Hurm reported that the other cities in the recycling consortium have approved the amendment to the Knutson recycling contract regarding revenue sharing and collection fee revisions. Stover moved, Daugherty seconded to amend the recycling contract with Knutson Services Inc., as outlined. Motion passed 5/0. 9. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 265 - TRANSIENT MERCHANT 4 REGULAR CITY COUNCIL MINUTES JANUARY 25,1993 - PAGE 5 Hurm summarized the proposed changes to the Transient Merchant Ordinance, which appear in Section 1. Scope and Purpose; Exclusions; and No Fee for Canvassing- Religious, Political, Educational and Charitable Organizations, and recommended adoption of the amendment. Benson moved, Lewis seconded to adopt ORDINANCE NO. 265, Relating To The Regulation of Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales. Motion passed 5/0. 9B. CONSIDER AMENDMENT TO AN ORDINANCE RELATING TO PARKS AND RECREATION AREAS . Hurm noted that this amendment is a technical correction associated with solicitation for the Parks and Recreation areas. Lewis moved, Daugherty seconded to adopt ORDINANCE NO. 266, Section 902.02 SUBD.6, Parks and Recreation Areas. Motion passed 5/0. 9C. . CONSIDER FEES FOR TRANSIENT MERCHANT LICENSE Hurm recommended that the fee for a transient merchant license be set at $50 and noted that it will be an annual fee for acquiring a license for one day or more. . Lewis moved, Stover seconded to adopt ORDINANCE NO. 267, An Ordinance Amending Ordinance No. 263 - Setting Fees. Motion passed 5/0. 10. A RESOLUTION REQUESTING CONVEYANCE TO SHOREWOOD OF FORFEITED LAND - 21455 State Highway 7 Nielsen stated that the City has been advised by the Hennepin County Department of Property Tax and Public Records of tax-forfeited property located in the southwest quadrant of the State Highway 7/Christmas Lake Road intersection. The staff recommends that the City acquire this site for public purposes: 1) future improvements to the Christmas Lake Road intersection and 2) wetland/drainage. Following discussion, the Council agreed that acquisition of this property is advantageous to the City. Nielsen stated that the non-conforming billboard located on the property will be removed at the termination of the lease period. 5 REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 6 Benson moved, Stover seconded to adopt RESOLUTION NO. 16-93 "Application for Conveyance of Tax-Forfeited Lands for Public Purposes." Motion passed 5/0. 11. CONSIDER A RESOLUTION TO AMEND WATERFORD PHASE III - DEVELOPMENT AGREEMENT Brancel noted that action on the request by Trivesco to amend the Schedule of Work section of the Development Agreement was tabled at the Council's January 11 meeting. Daugherty stated that from his perspective any decision he makes on this issue relates to decisions made prior to his service on the Council and that if he does not vote in favor of the extension, the City would be faced with a significant law suit. Further, he stated he is uncomfortable having to make a decision based on the outcome of a law suit and . that a decision by the Council that the requested extension is not warranted would financially jeopardize the City. Lewis stated that at this point nothing can be done to change the development agreement since it has been approved previously. He expressed concern regarding extending the commercial development work schedule to 1995 and stated his preference is for extension for one year to 1994. Lewis stated that obviously if the developer does not sell the property, he will return to the Council for further extension of the Schedule of Work. He pointed out that by shortening the extension period, the Council would stay in close touch with the matter and hopefully development of the property would move ahead. Stover stated that the contract requires the City to take action to fulfill its agreement and pointed out that at the time at which the development had not proceeded as scheduled, . payment of park dedication fees required under the Agreement were requested (and paid by the developer) which could be construed as an indication of acceptance of an extension. Lewis pointed out that there is no recourse to changing the existing P.U.D. in that any attempt to do so could place the City in the position of litigation resulting in purchase of the property by the City. That position being unacceptable, he concluded that extensions will be given until the TIF runs out. Stover pointed out that a developer cannot build until final plat approval for commercial development is granted by the Council thereby giving the City ultimate control in determining whether the development is consistent with the current Agreement. Stover moved, Benson seconded to adopt RESOLUTION NO. 17-93 IIA Resolution Approving Adoption of an Amendment to the Planned Unit Development Agreement for Waterford Phase 111.'1 6 . . REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 7 Motion failed 2/3. Brancel, Daugherty and Lewis voted nay. Lewis moved, Daugherty seconded to adopt RESOLUTION NO. 17-93 "A Resolution Approvirig Adoption of an Amendment to the Planned Unit Development Agreement for Waterford Phase III, II amended by changing the Schedule of Work for the commercial development to commence during the spring of 1994 at which time the developer may re-apply for an extension. Lewis stated that the reason for this change is that at the time of reapplication, the developer could be asked to provide a report and proposed plans concerning the property. Daugherty pointed out that the developer, Trivesco, requested the Schedule of Work extension. The Trivesco partners include Robert Mason Inc., Steiner, Inc., and Highland Properties, Inc. Keane and Nielsen explained the final plat time line and approval process for the commercial development of the property. Motion passed 5/0. 12. CONSIDER A RESOLUTION APPROVING FINAL PLAT - WATERFORD 4TH ADDITION (Twin homes) Applicant: Location: David Carlson Highway 7 and Old Market Road (southeast quadrant) Nielsen noted that the final plat for Waterford 4th Addition (the twin home portion of the P.U.D.) was originally scheduled for review at this meeting. However, he stated that the developer, David Carlson, expressed an interest in having the City bond for local improvements, pursuant to the City Code. Since a development agreement cannot be completed until the method of financing has been determined, approval of the plat at this time is premature. A Petition for Local Improvement has been received from the property owners requesting that the City consider financing certain public improvements. Steps in the process include a City-conducted feasibility study to determine the cost of the project, an analysis of the cost of improvements relative to the value of the land upon completion of the improvements and a determination whether or not the City wishes to be responsible for the improvements. Nielsen reviewed a time line including staff activities and Council decisions for considering the developer's request. During discussion, the Council noted that this procedure is standard procedure for infrastructure improvements; improvements made by the City provide control over such improvements; a development agreement provides a contractual liability and security to assure payment of assessments; the worst case scenario would resultin City ownership of the property; and the ultimate liability lies with the bond holders. 7 REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 8 Stover moved, Benson seconded to adopt RESOLUTION NO. 18-93 "A Resolution Declaring the Adequacy of the Petition for Improvement and Ordering the Preliminary Feasibility Report in the Matter of the Waterford 4th Addition Improvement of 1993." Motion passed 5/0. 13. MATTERS FROM THE FLOOR Mrs. Allan Johnson, 5865 Strawberry Lane, referred the Council to Allan Johnson's letter dated December 27, 1992 conveying his view that the Council's handled unprofessionally the petition submitted for the removal of stop signs on Shorewood Oaks Drive. Councilmembers apologized for the perceived lack of professional consideration and handling of the petitioners' request. During discussion, the Council reiterated its position . that while smooth traffic movement throughout the City is important, the safety of residents/pedestrians using City streets is of paramount concern, suggested that residents contact the Police Department in cases of violation of the law, and reaffirmed its previous action to deny removal of the stop signs on Shorewood Oaks Drive. 14. STAFF REPORTS A. City Attorney - None. B. City Engineer - None. C. Planning Director 1. Orono Styrofoam Ordinance . Nielsen reviewed the issue raised by the City of Orono related to the use of non-encased molded polystyrene foam for dock flotation devices. He noted that, after review, the Planning Commission determined that this did not appear to be an issue for Shorewood and tabled further action on the matter. The Council requested additional information on the problem. Nielsen stated that according to Orono's staff, the DNA did not see a problem with the Styrofoam from a fish and wildlife habitat perspective and did not create any offensive toxins in the lakes, but that breakup of the material could be aesthetically unpleasing along the shoreline. The Lake Minnetonka Conservation District (LMCD) is, however, considering an Ordinance to prohibit use of the material and to establish a compliance date. Nielsen stated that when that Ordinance is adopted by the LMCD, it will include Shorewood since the LMCD Code of Ordinances is adopted by the City by reference. D. Finance DirectorfTreasurer - None. 8 REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 9 E. City Administrator/Clerk 1. Discuss Shorewood Sign Ordinance Hurm explained the need for clarification of the Ordinance regarding placement of signs in the City and reported that the formal process for clarification is underway. 15. COUNCIL REPORTS A. Mayor Brancel 1. Report on Meeting with Metropolitan Council Chair Dottie Rietow . Brancel reviewed discussions with the Chair of Metropolitan Council regarding Shorewood's disagreement with the sanitary sewer fees assessed the City by the Metropolitan Waste Control Commission. She indicated that the Metropolitan Council is currently undertaking a review of the Waste Control Commission. Although a resolution of Shorewood's problem with the Commission may result from the review and/or negotiations facilitated by Ms. Rietow, the City will pursue continuance of its legal action against the Commission. B. Councilmembers - Benson and Lewis - None. 1. Councilmember Daugherty Report on LMCD Lake Access Task Force Meeting Daugherty summarized discussions at the January 13 meeting and noted that actions of . the Task Force will be made by "super majority" rather than by "absolute majority." Stover requested information on the erection and removal of signs by Hennepin County throughout the City and suggested that it would be appropriate for the City to be included in authorizing such signs. Hurm reviewed the County's program for placement of signs and stated that further information will be available upon completion of a study currently being conducted by Public Works. 16. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Stover moved, Lewis seconded to adjourn the City Council Meeting at 9:00 p.m., to Executive Session, subject to the approval of claims. Motion passed 5/0. 9 REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 10 The Council conducted the Administrator's 1992 annual performance review during the Executive Session. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: JAMES C. HURM, CITY ADMINISTRATOR BARBARAJ.BRANCEL,MAYOR 10 . . . . CITY OF SHOREWOOD COUNCIL EXECUTIVE SESSION MONDAY, JANUARY 25, 1993 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD MINUTES CALL TO ORDER The Executive Session was called to order by Mayor Brancel at 9:10 pm. Present: Mayor Brancel, Councilmembers Benson, Stover, Daugherty and Lewis. Staff: City Administrator Hurm~ The Council discussed the evaluation of city' Administrator Hurm. The Council concluded that the 1993 Administrator's EmploYment Agreement will set the Administrator's salary at step five as set forth in Resolution No. 118-92. Evaluations will occur each six months. ADJOURNMENT OF EXECUTIVE SESSION Stover moved, Benson seconded to adjourn the Executive Session at 10:35 pm. Barbara J. Brancel, Mayor Respectfully Submitted, James C. Hurm city Administrator ;W RESOLUTION NO. -93 A RESOLUTION PROCLAIMING MARCH 7 - 14, 1993 VOLUNTEERS OF AMERICA WEEK WHEREAS, the Volunteers of America, a Christian human service organization, is celebrating its 97th year of service to the People of Minnesota and the nation; it is therefore certainly appropriate for us, the City of Shorewood, to join in the observance of this milestone with the commemoration of March 7 14, 1993 as Volunteers of America Week; and . WHEREAS, the Volunteers of America is making a valuable contribution by providing these services to adults and the elderly: 5 homes for mentally disabled, mentally ill, chemically dependent and/or elderly adults; congregate dining for seniors at 45 sites in Anoka and Hennepin Counties; home delivered meals for persons 60 years of age and over; semi-independent living services and supported living services; 3 housing complexes for families, the handicapped, and the elderly; and 4 long-term health' care facilities; and WHEREAS, the Volunteers of America provides these services for children and youth: 6 programs serving autistic, autistic-like, and/or development-ally disabled children and youth; a children's emergency shelter; in-home services; 59 foster treatment homes and correction group homes; a residential treatment center for emotionally handicapped boys; a specialized behavioral program for boys with severe problems; short-term after care for youth with special needs; and . WHEREAS, the Volunteers of American provides 2 correctional services: a pre-release and work-release correctional program serving men; and a women's j ail, workhouse and work-release correctional program; and, WHEREAS, the Volunteers of America, through its dedicated staff and volunteers and the many people who help support their work through financial contributions make a significant impact of. the lives of people in the City of Shorewood; and, WHEREAS, founding 1896 between human sector. NOW, THERE, BE IT RESOLVED, that the City Council of of Shorewood do hereby proclaim the week of March 7 - 14, Volunteers of America Week in the city of Shorewood. the Volunteers of American is commemorating its and urges others to join them in bridging the gap needs and the resources of the public and private the City 1993, as \J4 BE IT FINALLY RESOLVED, that copies of this proclamation be transmitted to the Volunteers of America as evidence of our esteem. ADOPTED BY THE CITY COUNCIL of the city of Shorewood this 8th day of February 1993. Barbara J. Braricel, Mayor ATTEST: James C. Hurm, City Administrator . . . . RESOLUTION NO. A RESOLUTION APPOINTING ELECTION JUDGES FOR SPECIAL PARK AND TRAIL IMPROVEMENT REFERENDUM TO BE HELD TUESDAY, MARCH 9, 1993 WHEREAS, the City Administrator/Clerk has submitted for approval a list of election judges to officiate at the 1993 Park and Trail Improvement Referendum Election on March 9, 1993; and WHEREAS, said list appears to be correct and complete in all respects. NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby approves the list of election judges, attached hereto and made a part hereof as Exhibit A, to officiate at the 1993 Park and Trail Improvement Referendum. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of February, 1993. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk \ 3fJ ELECTION JUDGES FOR TUESDAY, MARCH 9, 1993 SPECIAL PARK AND mAIL IMPROVEMENT REFERENDUM Irene Kronholm 23630 McLain Road Kay Johnson 5875 Cathcart Drive Mary Knapik 24930 Smith town Road Edwin Boltman 5710 Grant Lorenz Road Lorraine Johnson . 5435 Eureka Road Jill Majestic. 5840 Eureka Road . Jo Herman 20765 Radisson Inn Road Jeanne Englund 4545 Enchanted Point Nancy Peterson 21355 Christmas Lane Carmelita Smith 4345 Enchanted Drive Gail Finney 19710 Chartwell Hill Karla Wacker 4445 Enchanted Point . STAND BY Sue Latterner 25235 Smith town Road EXHIBIT A -~ .. ~, RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT FOR THE CONSTRUCTION OF A MAINTENANCE/CONCESSION BUILDING IN FREEMAN PARK WHEREAS, the South Tonka Little League Baseball organization (Applicant) proposes to construct a building in Freeman Park to be used for maintenance and equipment storage and occasional concession sales for the southerly baseball fields, which building will be donated to the City of Shorewood; and - . WHEREAS, the Shorewood Zoning Code allows public recreational buildings by conditional use permit (C.U.P.) subject to certain conditions; and WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 30 December 1992, which memorandum is on file at City Hall; and WHEREAS, the Shorewood Park Commission reviewed the proposal at its 27 October 1992 meeting, the minutes of which meeting are on file at City Hall, and recommended approval of the proposed building; and WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at their regular meeting on 5 January 1993, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 25 January 1993, at which time the Planner's memorandum, the minutes of the Park Commission and the minutes of the Planning Commission were. reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the proposed building is one story in height, measures 16' x 32', with decorative block walls and a wood frame roof structure with asphalt shingles. 2. That the proposed design of the building is consistent with building plans which have been considered by the Shorewood Park Commission for park buildings. 3. (, * .' . . '". 3. That the location of the proposed building is approximately 300 feet from nearby homes. 4. That the building and its location are consistent with the City's master plan for Freeman Park. , CONCLUSIONS That the conditional use permit for the construction of a ballfield maintenance, storage and concession building in Freeman Park is hereby granted. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 8th day of February, 1993. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk .- 2 - AGREEMENT This Agreement, made and entered this 8th day of February 1993, by and between the city of Shorewood, a Minnesota Municipal corporation, hereinafter referred to as "City", and James C. Hurm, hereinafter referred to as "Hurm". WITNESSETH: WHEREAS, the City desires to continue the employment of Hurm as its City Administrator/Clerki and . WHEREAS, Hurm desires to continue in the employment of the City of Shorewood as its City Administrator/Clerki and WHEREAS, both parties desire to establish the terms of this continued employmenti IT IS HEREBY AGREED AS FOLLOWS: 1. position. The city of Shorewood agrees to continue to employ Hurm as its City Administrator/clerk. The initial contract was effective April 22, 1991. Hurm agrees to accept employment as the City Administrator/Clerk for Shorewood, to devote his full business time and best efforts to the city, and to engage in no outside business activities without Council approval. Hurm further agrees to perform the duties of City Administrator/clerk as set out in the Shorewood City Code. Additionally, it is understood that Hurmmay be required to perform such other duties as may be required of him by the City Council from time to time. . 2. SALARY. The City agrees to pay Hurm a salary of $54,075 per year beginning January 1, 1993, in equal biweekly installments, and at such rate thereafter as may be fixed by the City Council. The city Council agrees to conduct a performance review of Hurm in' October of each year. Following the performance review, and on or before November 1 of each year, Hurm will receive a performance evaluation. Hurm's salary will be reviewed before December 31 of 1993 and every year thereafter in accordance with the salary review of other City employees and in accordance with the City's comparable worth plan. 3. DEFERRED COMPENSATION. The City shall execute the necessary documents and file the required forms with the State to allow Hurm to continue enrollment in a deferred compensation plan selected by Hurm and approved by the City Council. The City agrees to contribute an amount equal to the percentage the City would otherwise pay to PERA on behalf of Hurm. 4. VACATION. SICK LEAVE AND OTHER LEAVE. Hurm shall accrue vacation during his period of employment at a rate of 13 days per calendar year. Other sick leave and leaves shall be treated as set out in the Employee Relations Handbook. 3D Page Two - Hurm Agreement 5. HOLIDAYS. The Ci ty will provide to Hurm the same standard holidays as enjoyed by other supervisory employees as set out in the Employee Relations Handbook. 6. INSURANCE. The City will pay a total of $370.00 per month toward hospital, medical, and other insurance coverage for Hurm. 7. DUES AND SUBSCRIPTIONS. The City agrees to budget and pay the professional dues and subscriptions for Hurm which are reasonable and necessary for his continued participation in national, regional, state and local associations and which are desirable for his continued growth and advancement and deemed to be in the best interests of the City. 8. PROFESSIONAL DEVELOPMENT. The City agrees to budget for and to pay reasonable travel and subsistence expenses for Hurm to attend professional meetings and conventions consistent with his professional development and official duties. Hurm will use good judgment in his outside activities and will not neglect his primary duties to the City. The meetings and conventions Hurm may attend include, but are not limited to, the following: International City Management Association, League of Minnesota cities and Minnesota City Manager's Association Conferences. Approval and paYment of convention expenses shall be subject to annual budget limitations of the City. The City also agrees to budget for and to pay reasonable travel and subsistence expenses for Hurm to participate in short courses or seminars that are necessary for his professional growth and which are deemed by the Council to be in the best interests of the City. 9. TERMINATION AND SEVERANCE PAY. The City may terminate Hurm at any time, with or without cause. In the event that Hurm is terminated by the City Council during such time that Hurm is willing and able to perform the duties of City Administrator/Clerk, then in that event, the City agrees to pay Hurm as severance pay a lump sum cash paYment equal to three months aggregate salary without a matching deferred compensation paYment. In addition to said severance pay, Hurm shall be paid for any unused vacation. No compensation shall be given Hurm for any unused sick leave. However, in the event Hurm is terminated because of his conviction for a felony or for any illegal act involving personal gain to himself, then the City shall have no obligation to pay Hurm the severance payor the unused vacation pay provided for in this paragraph. . . Page Three - Hurm Agreement In the event Hurm voluntarily resigns his position with the City, Hurm agrees to give the City 30 calendar days advance notice. In such event ~o severance pay shall be paid to Hurm, however, Hurm shall be paid for any unused vacation pay'and sick leave "at the same rate allowed other supervisory employees with similar longevity. 10. GENERAL EXPENSES. The city recognizes that certain reasonable expenses of a non-personal and job affiliated nature will be incurred by Hurm. The City agrees to reimburse or to pay said reasonable expenses, subject to prior Council approval. . 11. HOURS OF WORK. It is understood that the position of City Administrator/Clerk requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Hurm that additional compensation and compensatory time shall not be paid by the City for any such additional expenditures of time, except that Hurm may absent himself from the office to a reasonable extent in consideration of the extraordinary expenditures of time for evening and weekend meetings held outside of normal working hours. 12. AUTOMOBILE. Hurm shall use his own automobile for City business and the City shall reimburse Hurm for the business use of " his personal automobile on a per mile basis and at a rate equal to the rate used for reimbursing all City employees for business use of a personal automobile. . 13. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Hurm at any time, for any reason, subject only to the provisions of this Agreement. Furthermore, nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Hurm to resign at any time from his position with the. City, subject only to the provisions of this Agreement. 14. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement or a portion thereof, shall be deemed severable and shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF SHOREWOOD ATTEST: By: Barbara J. Brancel, Mayor James C. Hurm, Employee . . ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 263 - SETTING FEES section 1. 1300.02 of the Shorewood city Code is amended by adding the following to Schedule A: Type of Charqe/Fee city Code Reference - Stormwater Drainage utility residential equivalent factor basic system rate 905.03 Charqe/Fee $3.75 per quarter section 2. This ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 8th day of February, 1993. ATTEST: James C. Hurm, City Administrator ~ Barbara J. Brancel, Mayor ~ . . OSMorr Schelen .. . . Mayer~m& AsSociates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 February 2, 1993 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Design Agreement Lift Stations 9 & 10 City Project 93-2 Dear Mayor and Council Members: Engineers Architects Planners Surveyors Attached please find a proposed resolution approving a design agreement with OSM for the plans, specifications, and construction observation for the rehabilitation of Lift Stations 9 and 10. These are the last two of the original six that will have been converted to submersible stations under a program started two years ago. It will take us approximately two months to complete the plans and bidding, with actual construction to be done later this spring and summer. This work was planned for in the capital improvement program and was included in the approved budget for 1993. Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES J oelA Dresel, P .E., L.S. City Engineer Equal Opportunity Employer 1 . . RESOLUTION NO. -93 A RESOLUTION APPROVING AN AGREEMENT FOR ENGINEERING SERVICES FOR THE REHABILITATION OF LIFT STATIONS 9 AND 10 WHEREAS, the City Council has directed Orr-Schelen-Mayeron and Associates, Inc., consulting engineers, to complete the plans and specifications for the rehabilitation of Lift stations 9 and 10; and WHEREAS, such work is to be completed on an hourly basis, not to exceed $15,000.00. NOW, THEREFORE, BE IT RESOLVED that the design agreement (attached) for said services is hereby approved and authorized to be executed by the City Administrator. ADOPTED BY THE CITY COUNCIL, .. of the City of Shorewood, Minnesota this 8th day of February, i993. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator DESIGN AGREEMENT This Agreement is entered into between the City of Shorewood and Orr-Schelen-Mayeron & Associates, Inc. (OSM), pursuant to the terms and conditions stated below. Project No: 93-2 Project Description: Rehabilitation of Lift Stations 9 and 10. . Scope of Services: As defined under Article 2.1.2. "Basic Services" with the following modifications: A The feasibility report stage activities are deleted. B. A maximum of 40 hours of construction observation and 10 hours of Contract Administration are included in the estimated' cost. Schedule: Plans and specifications will be ready for advertising by March 23, 1993. Construction during the 1993 construction season. Compensation: Hourly basis with a maximum of $15,000.00. Deliverables: Drawings consisting of lift station modifications. Specifications consisting of the technical sections for the modifications. Signed: James C. Hurm City Administrator Edward J. DeLaF orest, P .E. Vice President . . February 2, 1993 O\'\t.~mc 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612c595-5775 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: Amesbury Well Control Switches . Dear Mayor and Council Members: Munitech has obtained preliminary quotes on the proposed changes to the control systems in the Amesbury wellhouse. The changes are primarily for the purpose of using a smaller, submersible, pump as the main supply rather than the larger vertical turbine. We have been experiencing rapid cycling and undue wear of the larger pump due to insufficient storage; since increasing storage is financially impossible at this time, we intend to use (and therefore wear) the smaller pump to minimize repair costs to the vertical turbine. . The preliminary quotes have been less than the $18,000 estimated in the capital improvement budget. Therefore, we recommend that you allow Munitech, through Mr. Hurm, to enter into an agreement with the lowest bidder, provided that it is less than $18,000. . Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES /( Joel A Dresel, P .E., L.S. City Engineer Equal Opportunity Emp layer ~ 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 MEMO DATE: Mayor and Councilmembers Al Rolek Q~ February 2, 1993 TO: FROM: RE: Request for extension of term of Contract for Deed for 5795 Country Club Road - William Bigley . The Contract for Deed held by the City for the above-referenced property has a balloon payment scheduled for April 1, 1993. According to this schedule, the city would receive payment in full on the contract. The purchaser of the property and. party to the contract, Mr. William Bigley, has contacted me requesting the extension of the contract for one year to April 1, 1994. He states that, because of personal financial problems in the past, he may not be able to obtain a favorable rate from a mortgage company. He also says he is willing to discuss terms, such as prepayment of principal and interest, etc.. Mr. Bigley's letter is included in your agenda packet. . The payments on the contract are current. Mr. Bigley states that he lritends to makes?veral improvements to the property this year, including a new roof, and kitchen andcbathroom remodeling. ~ Because the contract is current, and.. because the interest rate is favorable to the' city (10%), I would recommend that the City Council approve a resolution extending - the term of the Contract.. for Deed to April,: 1, 1994. Tim Keane will draft the legal documentation for the-extension. As I will not be in, attendance, should you have any>questions relative to this matt~r, please contact me prior to the mee~i~g. A Residential Community on Lake Minnetonka's South Shore q . . RESOLUTION NO. -93 A RESOLUTION EXTENDING THE TERM OF THE CONTRACT FOR DEED FOR 5795 COUNTRY CLUB ROAD WHEREAS, a balloon payment on the Contract for Deed held by the City of Shorewood for the property located at 5795 Country Club Road is scheduled for April 1, 1993; and, WHEREAS, the purchaser of the property, Mr. William Bigley, has requested a one year extension on the Contract for Deed to April 1, 1994; and, WHEREAS, the City Council has received the request and analyzed the financial and other aspects relating to the request. THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The term of the Contract, for Deed for the property located at 5795 Country Club Road is hereby extended for one year to April 1, 1994. 2. The City Attorney is hereby directed to prepare the necessary documents to extend the contract. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of February, 1993. Barbara Brancel, Mayor ATTEST: James C. Hurm, City Administrator )~\l 2 2 lCQ~ IV,""U Allan Rolek city of Shorewood 5755 Country Club Rd. Shorewood, Mn. 55331 January 16, 1993 Dear Allan, This is a request to extend the contract for deed between myself, William Bigley, and the City of Shorewood on the property located at 5795 Country Club Road in Shorewood. The requested extension would change the balloon payment from April 1; 1993 to April 1, 1994~ This request for extension is necessary because of my difficulty in obtaining financing for the property at a reasonable rate of. interest . elsewhere. This difficulty arises partly from a bad credit rating caused by a financial incident in Aug~st of 1986. Also, a recent reasonably large purchase of commercial property has futher made obtaining reasonable financing for my home difficult. This is my present and. hopefully, future home and I fully intend to do all that I am able to make this property one that is a credit to my neighborhood and city. A desperately needed new roof has been planned for April or May at a cost exceeding $5000. Also, as I am getting married in August, I have planned a good deal of kitchen and bathroom remodeling to be completed by then. In closing, I would like to add that I am open to discuss other financial terms on this contract such as prepayment of principle and interest etc. Please contact me at my home (470-0100) or office (338-3152) to discuss the possibilities or procedu~es in my pursuing this request. ~!f/relY, afy y~ //;(.10 .. William Bigle . -- ('() l'J <u ::;... - ~ , f'.. - - , l"C) tf) . . CONl'llACT FOil DEED Form No. 5()-1\1 Minl1('l'luln '-'nHurtn (."n\"f!vnn('inr IlIn".... fI!l7A' MilIl"dll'lvi!'l ("n., Minn..~ ~ ~..rl'..r"h.'n .., J'lnt""'!""I' .""'IIt., No delinquent taxes and transfer entered; Clt"tificl1te uf Heal I~state Vnlue J!/!3 (A )H!yd3 1 WJ )not require(d ,1.)_. lj^l F rt "Jm' ftran tt'rllTf~tn ~~-:~~Ifr.r~'1 G \Inty Auditor 3119 ~ ~ !:t) ~ ~ ) ~ ~ "11 rn en t--" c:-:> V\ ~ ....,to ~ :r (TI (")z 0 r:1~ 3 ~J! ~ _,:Z 0 '1100." Mg~~ O:?:=1~ :!!~M;';l ~:I ~.:(nffi ':,' ~~ .~~ ~n ~ s:j > By ~ ~a ~ -4iJ) c: :;~ :Hi .. ~ Deputy (reserved lor recording dala) MOHTGAGE REGISTRY TAX DUE HEREON: $ (reserved lor mortgage registry lax payment data) Dute: Aori 1 18 , 19JUL TIIIS CONTRACT FOR DEED is mude on the abuve date by Ci ty of Shorewood a M.micipal O>rporation.~ under the Inws of Minnesota Seller,and Willimm G. Bi~ley . Purchaser (whether one or inore). Seller and Purchnser a/{ree to the followinl{ terms: I. I'ROPI~RTY D1':SCRIPTION. Seller Iwn.hy selh.;, and Purchm;er hen'by huys, renl property in ----Hennepin Cou~ty, Minnesota, described as folluws: Lot 11, Block 2 in Echo Hills 2nd Addi tion, according to the plat thereof on file or of record in the office of the Register of Deeds in and for ~ai Hennepin O>W1ty - ,'\'t'l'l \',:,,; 'I; ":It ~:j fiW Lo.._ 't nl'._lo' .'t...-, (. ,~, il'J. fA I"f_r:~ ~~:y H~ ~. n~~.~'t:: F.t~:',~if~V . it-:~r~~n:fl [l.Jrf.m::n I'm HJ !t~~ together with all hereditaments and appurtenances belonging thereto (the Property). 2. TITLE. Seller warrnnts that HUe to the Property is, on the date of this contract, subject only to the followin/{ exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any; (h) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) DuiJdin/{, zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this contract; and (e) The following liens or encumbrances: None a, DELlVlmy OF IJI<:ED AND EVIIJENCE OF TITLE. Upon Purchaser'lI prompt and full perfurmance of thill contract, Seller IIhall: (a) Execute, acknowledge and deliver to Purchaser 0 Warranty Deed Deed, in reclJnIable form, conveying marketable tille to the Property to Purchaser, subject only to the following exceptions: (i) 1110se exceptions referred to in parnl\'rnph 2(a), (b), (e) and (d) of this contract; (ii) Liens, encuinbrnnces, adverse claims or other matters which Purchaser has created, suffered or permitted to accrue after the date of this contract; and I ..:f~ ~: , ,,' " (: ", ;-" ro. 0 -.: ~ n !-- to S ~ ~ C.J ~ C/1 " .... i. ~ ~--.~ ..I;, ,..:J (iiil TIl(' fnllnwing liens or encumbrances: None ; nnl! (h) Deliver't.o Purchaser 1.Ill' ahstrncl "f till,' I.nlhe Prop'~rl.y nr, if th,! title ill reKistered, thl! owner's dUJllical.,' c~rtifi,:ate of t.itle. 4.' 1'1IHCIIASI'; I'HICI':. Purchllser shall IJ<lV lp Seller. al__51_~.5_G9Wl.t.n...Ql.1l]LE9.1l~oIeWO.o.d.. ~lnnesQ.tl! '_~____._______ , t.he 1I111n of _Ole Hundr.~Jy.Ub.QY~oo~Um~LnQLl.Q.O_:-.=::.::=--:=-==:::.:-_=::.===-- ($..lD5, 000 00 ) , liS anI! fnr the purchasc price for lhl! I'ropcrty, pnyable w' fllllows: $10,000.00 cash, the receipt of which is hereby acknowledged; $95,000 - contract balance, together with interest thereon at the rate of ten per cent (10%) per annUl;n payable in nnnthly installments as follows: $333.48 on May 1, 1988. $833.69 on Jnne 1, 1988, and installments of $833.69 payable thereafter on the 1st day of each and every nnnth nntil the fuil principal balance, together wi th all accrued interest, shall have been paid. Interest shall rnn from April 18, 1988. Payments shall be credited first to interest and the remainder to principal. The ent ire balance of this contract shall be due and payable in full no later than April 1, 1993. . 11. PIU~I'A YMENT. Unless otherwise provided in this cnnt.ract. Purchaser shllll hnv,' till! right.lu fully or partially prepay lhiscnntrnct. lit an.\' time withnut penalty, Any parlial prepayment shall be applied firsl to pnym('nl'of Il/1Inunts lhen due under lhis cuntract., includinl{ unpaid accrued interest, and the 1m I: III 1'(' shlllllH' lIpplil'd lo 1.11(' prindpal instil II nll'n Lo; lo he pairl in t.he inversl' order of their mat.urity. Partial prepnymt'nt. llhnll not pOlll.pnne' tIll! due rlal.e of the installmenls to be paid pursuant tu this cuntract or chunf.(e lhc amount of such inslallments. . fl. H1~AJ. ESTATE TAXES AND ASSESSMI~NTS, Purchnser Rhall pny, before pennlty accrues, nil relll ('state laxes and installment.s "fspecial assessments assessed af{ainst the Properly which are due and payable in the yenr 19..8..!Land in all subsequcnt years. Real eslnte taxes and installments of special nSllessmentR which are due and payable in the year in whkh this contrnd is dated shllll be paid aR fo\lows: Seller warrants that no taxes or installments of special assesBll1ents shall be due and payable in the year 1988. . Seller warranL'llhat the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this cuntract is dated are paid in full. 7. PHOPlmTY INSURANCE. (a) INSUHl~)) HISKS AND AMOUNT. Purchnser shl1l1 keep all buildin~s, improvements and fixtures now ur later located un (IT'a part of lhe Pruperl.y insured ag'ainst loss by fire, extended covcrn~e perils, vandalism, malidnus mischief allll, if applicable. sleam builer explosion for at least the amount of full insurable value ~ If any ufthe building'S, improvements or fixtures are located in a federally designated fluod prone area, and if flood insurance is availahle for that area, Purchaser shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. (b) OTHER TI~RMS. The insurance policy shall contain a loss payable clause in favor of Seller which provides that Seller's rif{ht to recover under the insurance shall not be impaired by any acts or omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileltes customarily provided a mortgagee under the su-called standard mortgage clause. (c) NOTICg OF DAMAGE. In the event of dama~e to the Property by fire or other casualty, Purchaser shall promptly ~ivc notice of such damage to Seller and the insurance company. 8. DAMAGE TO THE PROPERTY. (a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other cnsualty, the insurance proceeds paid on account of such damage shall be applied to paym~ntof the nmounts payable by Purchaser under this contract, even if such amounts are not then due to be pnid, unless Purchaser makes a permitted election described in the next parnf{raph. Such amounts shnll be first llpplied to unpnid accrued interest nnd next to the installments to be pnid ns provided in lhis contr:,ct in the inverlle order of their mnlurity. Such payment shnllnot posl.ponc the rlue ~Ial(' ~~f lh(' m!.tnll.m~nls to be pnid pUrlmnnt 1.0 lhis contrnct or chnnltc the amount of such . (h) I'UIlCIIASER'S ELECTION TO IU~BUILlJ. If I'urchnsl'r is not in default under this contract, or after curing any Ruch default. and if the mort.gag-ee" in llny prior mort.gages and sellerR in any prior contracl.s for deed do not. H''1uirc otherwiAc, PUrl'ha,,('r mny eled t.o hn ve that portion ofAueh ill!H1rnnce proceeds necessary to repair, replace or restore the dnmuged Property (the repair work) deposited in escrow with a bnnk or t.if.\e insurnnce compnny qualified to do bu!!iness in theStateof Minnesota, or such other party as may he mutually ng-reeahle to Seller and Purchaser. The election may only be made by written notice to Seller within sixty days after the dllmllg-e occurs. AIRO. the election will only be permitted if the plnnR nnd Rpecifications and contrncts for the repair work are npprnved by Seller. which npproval Seller shall not. unreaRonably withhold or delay. If such a permitted election is mnde hy Purchn!!er, Relh'r nnd I'urchnser shall jointly deposit, when pnid, such insurance proceeds into such escrow. If !!uch insurnncr. proceed!! nre insufficient for the repuir work, I'urchnser shnll, before the conllllr.ncement of the repair work, deposit into 8uch escrow sufficient ndditional money to insure the full payment for the repair work. Even if the ill!H1rnnce . proceeds are unavnilable or are insuffficient to pay the cost of the repair work, Purchaser shnllnl. nil tinll~s he responsihle t.o pny t.he filII cORt of the repnir work. All escrowed funds shall be dishursed by the escrowee in ucconlllnce with genernlly accepted 80und construction disbursement procedures. The costs incurred or to be incurred on account of 8uch ('scrnw shall he dl'posited hy I'llrc:haser into Ruch eRCWW before the commencement of the repnir work. Purchnser shnll comlllete the repnir work a!! soon as rea!!onably posRihle nnd in a good nnd workmanlike manner, and in any event the repair work Rhall be completed by PurchaRer within onE' yellr after the damo/te occurs. I f, following the completion of and payment for the repnir work, th('re remnin I1ny undisbursede"rl'Ow funds, ~.u('h fllnd!! "hnll be npplicd .to paymrnt. of l.he amounts payable by PurchaRer under this contrncl in uccordllnce with puragrnph 8 (a) above. 9. INJURY OR DAMAGE OCCURHlNG ON TilE PROPlmTY. (a) LIABILITY, Seller shall be free from liability and c1aimR for damages by reaRon of injuries O(TU rri nl! on or after the dnte ofthiR contrnct to any penmn or perRons or property while on or about Iht, I'....'wrty. 1'IIrdUlser Rhnll defend nnd indemnify Sc'IIl'~ fmm 011 liahility, lo!!s. cost" and ohlil!atiom'. induding reasonnhle attorneys' feeR, on uccount of or ari!!inl! out of any Ruch injuries. 1I0wl'''l'r, l'urdlltRer Rhnll hav!' no liability or ohlil!nlion to Sl'lIer for such injurieR which are cnmH'd h.v thE' negligence or intentional wronl!ful nels ur omisRions of Seller. (1,1 LlAJ\lLITY INSURANCE. PurchaRer shull, ut PurchnRer's own expenRe, procure and maintain Iia hility in"urnnce against c1aimR for bodily injury, denth ond property damage occuring on or ahout Ihe I'roperty in amounts rensonahly Autisfactory to Seller and naminl! Seller as an nddirional inRured. 10. INSUHANCE, GENEHALLY. The insllrnncl' which Purchm'l'r iR required to procure and maintain purRuanl to paragraphA 7 and !lofthiA cont.ractshall be issued by an insurnnce company orcomponies licensl'd 10 do husiness in the St.ale of MinneAotn and acceptnble to Seller. The insurance shull he mainlaill('d hy Purchuser at all timeR while any amount remains unpaid under this contrnct. The inRlIrnnce policies shnll providp. for not less than tE'n daYR"writtennotice to Seller before cancellation, non-n'l1E'wnl. Il'rminnlion or chanl!e in coverage, and Purchaser shull deliver to Seller a duplicate oril!innl or ('('rWit-nle of Ruch il1surance policy or polici($. II. CONI }J';MN A TION. If all or any part ofthe Property is taken in condemnation proceE'dingR inRtituted undl'r power of I'minent domain or iA con veyed in Ii ell lhereofunder lhreatofcondemnation, the money pnid plII'Slla II I I" "uch condemnnt.ion or c.lI1Vl'vance in li('u I.herE'of shnll be applien t.o puyment ofth!' nmollJ11" !HI.vahl.. h~' Purchal<cr undl'l: I.his cOl;'.rnel.. l'v..n if "1I<'h nmollnls nr" l1ot.lh(.'n <Ill" 1.0 It" "nirl. SU\.h alllllllntl< shall 1)(' npplied lirst to unpaid uccI'Ill'd inl.erl'sl and next t.o the inRtallmenl:..q to he paid al< proddl'd in this con tract in the in\'erse ordp.rorthl'ir mnt.urify. Such puyn1l'nt Rhnll not postpone the du(' dntl' of Ill(' installmentR t.o 1)(. paid pursuant to t.his contrud. 01' chanl!t' the lImount. of such inl'lnllm('nl". Thl' halnlH'l'. if :lIlY. Rh:t11 h(' the profll'rt.v of I'urchnl'l'r. 12. WASTE. IU~l'^JH AND LIENS. l'urchaser shall not n'nHlve or demolish an\' huildinA'R. illl- pro\'enll'nl" or fixtu)'('" now or Intl'r located on or a pnrl. of 11)(' I'l'Ilpl'rl..v, nor shall P~rehaRercommit or allow waRle of lhl' l'roperty. PUrChal'l'r Rhall maintnin the l'ropl'rl.y in good condition und rl'pair. Pun'hm",r shall not create or pcrmit to accru!' 1i('nR or adv('rl<(' c1ainm agninl<l thl' Property which conslil ult. a lien or claim againsl. Sl'lIer's interest in the I'ropl'rty. l'urchaser shall pay to Reller all :1Inounls. cosll< and expenRes. includinl! reasOlwhle aUornl'Ys' fl'cl<. incurrNI h~' Seller to rCII10VI! !lny such lil'ns 01' advl'rse c1aiIllR. 1:1. ImEIJ AN IJ MOHTGAGE HEGISTHY TAXES. Sl'lIer shall, upon PurchaRer'R full performanc('oflhis contrnl'l. pay the deed tax due upon the recording or filinK of the del'd to be delivered by Seller to Purchaser. The lllorf.l!age regiRtry tax due upon the recording or filing of I.hiR contrnct Rhall he Imid hy thl' party who records or files thiR eontract; however, thil' provision Rhallnot impair the right of Seller 10 collecl from PurchaRer the amount of soch tax nctually fluid hy Seller os provided in the uJlplicahle law governing default. and Rervice of notice of termination of thiR contract. 14. NOTICI'; <W ASSIGNMgNl'. IfeitherSelleror Purchaser assigns theirinterest.in the I'ropcrl.y, a copy of such assignmenlshnll promptly he furniRhccl to lhe non-nsRiini"g party. J 5. I'HOTE('TION OF IN'n:lU~STS. J f Purchaser fails to pay any I'UI1l of money rl'lJuired under I.hl' termR of Ihis conlract or fails to perform any of Purchaser'R ohlil!ationR as Aet forlh in this contrad. Reller nHl~'. at Selll'r's opt.ion. pny the Aaml' or CaUl'e till' Sllml' to he performed, (lr hol.h. und the arno\lnls 1<0 paid hy SI'II..r and Ill{' COI'l. of such pcrformance shall be pu.va hlc al. once, with intercl'tat the rat.('stlltcd in parngrnph ,I of this conl.ract. as un addit.iunnlamount dul' Seller under thiR contract. If lI11'l'(, now l'Xi"tA. or ifSl'ller hereafl.('r creates, suffers or pl'rmi tR to nccrue, any nlllrtgage, contrnct for dl'ed. lit'n or ('nc~umhrance against the Propl'rty which il' not !ll'rl'i" exprl'sRly aSRumed hy l'urchaR!'r, ami prnvid(.d l'urchnser iR not in dl'fnullunder this contrnd, Seller shnll timely pay ollalllnuntR due therl'nn. und if S,.II..I' fnils to do 1'0, l'urchaser mny. lIl. PurchaRer's option, puy any Ruch delinquent nlllOlllll1' nnd dl'dud the nmounLq puid frolll the inRtallnll'nt(l') next comin/t dul' under thiR ('nntrnd. Ill. I n: FA l J I :1'. TIll' I. illll' of pr.rfonnnnce hv Purchnsl'r of the tl'rms of this eon I.rncl iR an CRRl'nlinl part of t hi" cont rnd. Should l'urchal'cl' fail t.o limply pc r for III any of I.hp. terms of this contract, Sell('r mny, nl SI'II('r's option, l'll'd to declare fhil' conl.ract eancelled and terminated hv nolkl' to l'urchmH'r in IIlTOl'llan('(' wilh applicahle law. ^II righI., til.le :md int.cn'l't. uClJuil'l~d under t.his contrnd hy I'urchal'er I'hall Illl'n ('I'a""andterminate, nnd nil illlflrovl'ml'nl.R made upon the l'rnf)('rty and ull payments mude by I'urchasl'r pU\'l<\Iant to this conl.rael. shall helllllg to Rl'lIc'r ns lilJuidal.('d dnmngeR for hrl'nch of thiR ('011 I rad. Nei f Iwr I hl' "X tl'nsioll of till' I ime for JHlYIll(~nt of an.v sum of mon('y to he pnid h('r('lIIl((cr nor uny w:tivt'r h.v S..lIer ofScllt'r's ril!hts to dee\are thiR cnlll.rncl forfeit.ed hy rl'lll'on of any brl'nt"h I'hall in an.\' nHIIlIll'r a rr.~ct S"lIer's ril!hl.tn enncl'1 this con t.ract. beclllll'e of default.s su hl'elJ uently occurring,alld no ('xll'nsion of timl' shall he valid unless agrl'ed t.o in writing. After service of nolice of d('f:lIIltand failll)'('lo ('un' such dl~fallll within the JH'riod allowed hy Inw, l'urdmsl'rRhall, upon demnnd.surrender "ossl'""i"n of Ihe I'rnJll'rt..v 1.0 SI.lIl'r. hut.l'urchnser Rhall hI' ('nlil.led 11lllOI<Sp.ssion of the Prol'"rty until till' l'xpiralioll of sll('h Ill'riml. 17. HI N III Nt: ,.: FFI':CT. Thl' (l'rllll' of 1 his ('Iml rad 1'),=111 rUII ",illt 1111,1:111.1 unci hi nclllll' "nrl iI'S Iwrd 0 :nll( 1I11'i.. "11......1'"..1'1' in inh')'('"l. ~.~".. . IH. I, l'Hf I..,:i IimiL or construe the contents of such paragrnphs. HI. ASSI';SSMI~NTS BY OWNERS' ASSOCI ATION. If the Property is suhjecl to 0 recorded declnration providinl! for nssessmenls to he levied ngninst the Property by any owners' association, which assessnH'nts may hecome a lien against the Property if not paid, then: (a) Purchaser shall promptly pay, when due, all assesslllenLq imllOsed by the owners' association or other governinl! hody as required hy the provisions of the declaration or other related d.ocuments; and (b) So long as the owners' association mnintains a master or hlanket policy ofinsurance aRninst fire. extended covera!:'e perils and such other hazards and in such amounts as are required by this contrnct. then: (i) Purchaser's ohligation in this contract to maintain hazard insurance coverage on the Property is satisfied; and Oil The provisions in pnragrnph R of this contract regarding application of insurance proceeds shall.be superceded by the provisions of the declnration or other related documents; and (iii) In the event of a distrihution of insurance proceeds in\ieu of restoration or repair following an insured cosunlly loss to the Property, any such proceeds payable to Purchaser are hereby ossigned and shall be paid to Seller fur application to the sUl1l8ecured by this contract, with the excess, if any, paid to Purchaser. 20. ADDITIONAL TERMS: City of Shorewood B4~~~~ B;:d:.~?..~ . Its (!,C4--~ I'URClIASER(S) 'kL.lJ /Jji"1 Willimn G. Bigley ----tL- Gf . SELLER "-/1.... () SLaLe of MinnesoLa } 11. The for by the ~ coroor ion on beholf of the Henneoin ",,' w,," ",'".w';d." b,r"re m,,~,~'~::: "1. ~ !f:q ~' t9BlL: and f.=...the City. of Shol'ewnnrt, R mm;"lpal under the laws of Minnesota County uf City NIITAltlhl. ~T^MI' tll( :-:;.;M.fOlt frrllJm TITI."; fll( IMNK, ~~:;::;;;~ GLENN FROBERG ui.. .!.~. NOTARY PUBLIC - MINNESOTA \~ I HENNEPIN COUNTY . ~ My Commt,sIoft bpIrft..,. '" 11ft . SLaLe of MinnesoLa } H. County of Henneoin The forciqing instrum"nt was acknowledged hefore me this j!l3 day of ~ hy W1l lam G. BIltley ,H1JL, ,....~~ GLENN FROBERG .!.~\1 NOT ARY PUBLIC - MINNESOTA \~,"nY HENNEPIN COUNTY "\'S,.- My Commission Elpl,el Sep' 18. 1992 ,\:OT'HI.\1. :-:....\:'0... tll: !"t:.\1. ,tlU flTIIt.1t 'IITU; Hit IfA:\t\1 Tax Slalr.mP.f1IS lor Ihe .eal pro"",lv desaibed in Ihls inslrumenl should he senllo' Willimn G. Bigley 5795 Country Club Road Shorewood. Minnesota 55331 "r"l~ 1~!=:Tmll\oU:NT W,\~ lIu^,.-n:1I It" fN^Mr-: ^NU ^,'IlR":~~'h Froberg. Penberthy, P.A. 17736 Excelsior Boulevard Minnetonka, MN 55345 FAILlJllE TO HECOIUl on )0"11.1<: TIlIA CONTHACT FOIt IHmll MAY (~IVI;; OTlIIm I'AItTIRS 1'IIln1l1TV ()VI,~n PIIIWII Mmrrs I NTEI!F:ST IN '1"1 m PHOPEHTY. ft y 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: Mayor and City Council . FROM: Brad Nielsen DATE: 1 February 1993 RE: Waterford 4th Addition FILE NO.: 405 (93.01) At its 25 January meeting the City Council accepted a petition from Trivesco and David Carlson to prepare a feasibility report for public financing of the improvements for the proposed Waterford 4th Addition. Mr. Carlson has now indicated that he intends to finance the improvements privately. Consequently, no feasbility report is required. The only approval necessary at this time is the final plat itself and the development agreement. . Exhibit A is the final plat showing the 54 twinhome lots and three outlots. Outlot A is the twinhomecommon area which will contain a tennis court and small parking area. The layout for Outlot A is shown on the proposed grading plan (Exhibits B and C). Outlot B is an area which has been set aside to extend utilities to the Shady Hills area. This is consistent with past approvals even though the residential lots had to be shifted slightly from the preliminary plat. Outlot C is the area which remains for the commercial development. As discussed at the last meeting, Mr. Carlson proposes to develop only the twinhomes. While therplat is generally quite consistent with the past approvals, certain issues need {to be addressed at this time, most of which have to do with site landscaping. .. A. Proposed buildings. The model building plan which was approved as part of development stage was designed by David Carlson Companies.. They propose to build the units as approved. A Residential Community on Lake Minnetonka's South Shore 10 Re: Waterford 4th Addition 1 February 1993 ~c ) r- \ ~ r- . B. Outlot A. The prop~sed landscape plan (Exhibit D) for the street extrance is identical to the one approved as part of the fmal plan for Waterford ill. In shifting lots to - provide for utility extension to Shady Hills, the common area was decreased somewhat in size. Also, in reorienting the propOsed tennis court, it moved closer to ,the street right-of-way. It is recommended that additional evergreen treeS be included on their entrance landscape plan to screen the court ,from th~ street and - to provide a buffer between the temiis court and the first twinhome structure. These trees should ~e ~ix feet high at minimum and spaced ~dequately to perform these ~l;1n~ctions. C. Perimeter landscaping: In changing from multiple-family residential to th~ twinhomes, some opportunity was lost to preserve trees along the south side of the , project.." Although many of these trees were of poor quality some effort should be made to replace vegetation, particularly behind Lots 13 - 20, Block-3. It is recommended that the final plat approval include a requirement to plant at least two trees at the rear of each of those lots. These should be a mix of deciduous trees no smaller than 2.5-inchcaliper. and evergreen trees no smaller than six feet in height. , ~ " A landscape plan for Outlot ,B should be/required to replace some of the large trees which will be lost to utility construction. D.- futemallandsCaping. Exhibit E ,shows laiidscaping for a typical unit. .What is shown is primarily foundation planting 'which presumeably may vary with differentlots. It is , recommended thatthese plans be revised to include at least one six-foot high evergreen tree or one 2;5-inch caliper deciduous tree per unit. 1 \ ~ . . 'RECOMMENDATION , ) c It is' recommended' that the fmalplai be approV'~ subject to the following conditions: r . " < ( 1. , - The developer sl1riuld submit a ~evisedJandscape plant-or the project entrance showing additi<:mal' plantings around the rennis court and in front of the parking area.<' ,..i' , . ~'\, '-. \A " ') (, , .'\ ,.(' Trees as suggested inC. above should be require9. to be plantedlJehind LOts' 13 - 20, Block 3. . , ., '---...'.-. " " 2. 3. , ~, \. , ,'~' _ ' __. ~ _ /~ _ :~i, A landscape plan should be prepare<! for OtltlotrB. ,\ (J:~ ,y:~,_ /. f-.\ Plans ~d ;pecifications' for th~utilities, 'grading, drainage and" street cOIisttuction must be approved by the City Engineer. DraiIl,age plans must also be approv~ by the Minnehaha Creek Watershed District. . 1 4.-' ~;--j " -j (~ -"I - 2 - . . . Re: Waterford 4th Addition 1 February 1993 5. The developer must submit estimates for the required 'improvements from which the amounts of letters of credit (or alternative security agreements) will be determined. , ~ . 6. ExhibitF shows a list of assessments and fees currently owing against the propertY. The developer and Trivesco need to advise us as to how they, want the special assessments divided between the twinhome and commercial portions of the site. (' 7. ,The developer must submit plans vand specifications for the proposed retaining walls shown on the grading plan. . 8. Prior to construction, the developer must erect construction limits at the southeast c.orner .of the site to preserve trees in that location. . These items should all be incorporated into the development agreement for the project. Required plans must be completed in time enough so that the pIal can be recorded'within 90 days. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel David Carlson . Randy. Travalia ' C' - 3 - () ".( o Q: o r.l) '~ .J <. .J Q '... Cl ~ ;:r. Q) :t \r &\ t.):::,; C~ m\ ~I~ if; (:::- -., -, I '- I \j)~ j....O \;;/ t-f ~~ I if; I v 11/11 ~Jj::~ .. \ \" ". I \~-=--===L-__~~_________-,__ ,~ -~-- _I ..... ,"", _.. 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' ,- -- I~ I ~="'f- I;. j Hi H~ . . . , '. . \\ 0: w ii' ~ a> o 0: I- Z ~ " . ...',......~ ~"'~~,. :~.': , , _ \'-~r\./. 0 .4' . - . ~ , _...:,q~,~.. . \ ) t ~\ '.~ ~ " .\. ~' . . ,f... \.. _. ~,-:::-~ -='-~"'- ::=..=::~,.,,-~. I ,.-". .'. . ~ \ ) ~ -a ~Q t. ". . . -' ,_/ z j p.. ~ ...~ P=l Z ..... ~ ..... Cl :9 < ..s::: ~ ~ (fJ I- IU W I (fJ o ~ ~ 2: . ~ II ; :, ~ \ : ~ : i li i ~ ~ L . z o i= o o ct: ::J: ~ l- I- .., ;: 0 :;; II: * f2 - a:: ~ w ~ ~ b :s: w 3 a: .. z c( ..J a. U/ Cl c( Z ;c II: C C Z c( Cl Z C c( II: Cl LL o I- W W r (fJ '" ~ en Q) '" o to o Z ~ (fJ ~ .. .. z ~ ~ o o z o o z o en ..J a: <C o c ~ c u z m -"'0 ..ffi ~ ZZw o ~ ~ .~ (f)~~~a;: O~. ~ lD i:i: ct~~ S:l.~ ~ ~ ~ ~~: ~ rz ~ l5 ~ alJ~,:,:~~ -I~~~3 -I ~ ~ W ~ ~ o z-' ::J: w 5l u . (/) I II II~ ill! 'I" . z j,;i~... o _j_ . ~ tl.:t" . 0:( Ji._ _ ~ 1. 1] ~ ~ ~!~ i ~ ~ Ini~, ~ f~!~:. t _I;-.;;.J a 0> 'a> u -j"-:-;Tl '1.1' ; II g I: ;! 1, ... I,' , I U) g I 'I i I Z J I' I o en , I ~ ~~ " " > ;nu, , I ~ >~! . I ~!:j 1, I'll I,. >.~, I a>, i..J . ~~.. "~ ,-.../~~\\." -' " . I ........ .. '. ,f , / ! ,,4,,;1ff I l -V~/ ,1 j / I I ' /'./ 1/ " 4 /~/ ,/ / / ./ / I "., I .' " /. / / , .," ..-.. ___~_H'~"'_" ,/ , ' ,:- i a I ~ .. i . . I \ ..,-"" ,,~" ;: ! Exhibit C COMMON AREA ~ -""~ ;;-;J ~ / ,'- 1/ / tb'O '" / /'\ / ; ~ 1~1 : ,.. ~,~'1ln I . , :/~' ~~ Ilme~ M::i1 / ! ;) 4:AMt,f-\~ Wfvlr, CJ+,M~e~fr 1!?1.AU'- /11W7 'i'fillE-~ I. ~ ~ 1-: !\MUI'- Mr'lru.. ,0' / '/ ~'Ifl.;;; ': I::>UMr MAru.. ,:/~,0 AMWf- MAPl-6. DW^~ ~4-1 I rAYl ~ I H:D -?Pl-tNDCf- ~. .~ 'II ~v I VJ o III .~ '~II:' t I 8'J..Nf- f11W;; ~PF-Ut& \(' _~_ 1"Y. ~ /7 I Q/'</ o , i /, I~ 2.4:1"'"'\ ~I "'~~. A.u..a.-. fi'lUf-/II/(t-e-dKff,;( ~ ".~' 1- ~ I <-v-~~<Iu:t- lJ7'V . N'\, ~"f,wf~o.1~ (T/'~r-" ~I bF-ee.M ~ ~ .~ /~-r' ~ ;'./~I ~..... I \ -r.(l-P /),. M '-If 4~l-I . " \ . ,~~~f- ~~. ~;;rc)' . ~ : ffi) t,fUNLn- IHb . \_ . DU~' fV~ft..-e: ~~rI! ~ . ~ ~ I ~UbN- Mf\f/.t.. ~lI\LY- fJUt;? ~ WHJc.e -l'C ~ . ~ ~ ~ I \. 'IAAL \j ,;,.-:: II~~ ~"') ry) .~ II ~l.1\~ ~1t.1h hfffic.t;....", 'tUrn- /vI, r ~ I :R~ <? ....I.~~~ I ""w \ If) '\~ J/I iri -:-a '1!'~ \ ~ r>= :"'Cor;z...~ 1" c1fteN ~ I' ,I {&:~ ~I / t. ~ r-10 \<::>~~ ~'b-I bt.NJ- f1IUh ~c.,e- '\ "\'IIf,f~ II. €1---(~e:~ t> r:- '::>Um<- WlfU- \ .II~. ~n~RY ON -'" :"::~:'::~l~~f9I*J't.e'P~r-f ~ ~t..)lm ~9~~~IIJ ,~-",- _- - . \\"I~~ ~ ~~~ PLANT SCHEDULE -I\'~ -- C--::: '\ . ..., -i~~q? ~ q.Be..-<i': COMMON NAME/BOTANICAL NAME '0 !~tY..~ 1Vv'\~ ~ I?u.o/..e~ A~ IAIU'~JJ A9... 1\'.' \ ~ ~~ 000 F~XI UIj P~N ~W^NltA \ 'Y lYiWIl M ~ .i.1~. ~(t,.. II I' ~~~ ,.. tI'A~ \ '," \ \ll~A( I \ \g' Gtl AflF yo \f 1<." w..+c.L. ...\ K \ ~ 1"\' ~l A.J V I);, ~ lL \ '.~ ~" \ I~ 1tW\ \ D ~In '~Wm-.~ 'f~" ~ ~~ \ ~D~"",,~ t'. \:"- 1'. ~ O\'rt-~~~' \ L~ '.. \ \) \ " '.... \, .:.- ,~ ,,""- ~.J :J - I .,..~..... fI) ':..r r:J+..1 rI ,. lJo . L>tr~O _ I tJ1 ~ \~ 't ~t.m o I JUMI!" I..., 301 - ~I"\J? \~~ 'l f>\ LP\ . ." II ~ + r ~ ': ~)\r' rj. ~ I , ~~ ~ SIZE TYPE on, '~ t?tW/.d;;b' ~/l ~ "+ '.7' ~ ~ 'j' ~ b 4' bl ~ 'l- {J' ~~~ 4- !:J ~ i.f? 'V I> ~F ~ ~IA t<.. 'If- ~ ~~"lI\ ". I'oi ~ FC1t\ l ~n -C""" rv I..LJ~ \ &., -..., D 'H' f". I~ M !,.t, -// ""''' I ~ b4-f:l b ler4!f bt-b + Zftl' ror 11 ~ I'or vt ~~, POT b Exhibit D LANDSCAPE PLAN - ENTRANCE AREA . . ;1l1 'Ii- fiAj' - :. ! ~ r' .. Exhibit E LANDSCAPE PLAN - TYPICAL UNIT . . WATERFORD 4TH ADDITION Current Special Assessments: · S.E. Area Water Treatment Plant · S.E. Area Water Improvements . Water Improvements (84) Park Dedication Fees: · '93 payment · 52 units @ $750 * does not include commercial Sanitary Sewer Equlization & Connection Charges (see Exhibit G) · Stage 1 · Stage 2 - 8 JIB" units - less 1 "C" + 7 "D" units - interest from 1/1/73 Subtotal · 44 units @ $1000 Total due Total due - Waterford 4th Addition, Final Plat Subtotal $57,624.76 $90,887.42 $61.225.00 $209,737.18 Subtotal $15,000.00 $39.000.00 $54,000.00 $233.00 $14,400.00 - 8,900.00 7.700.00 13,200.00 $13,200.00 $44.000.00 $47,000.00 Subtotal $310,970.18 $101,233.00 Exhibit F FEES AND ASSESSMENTS .... ,/ .... 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: Mayor and City Council . FROM: Brad Nielsen DATE: 3 February 1993 RE: Rental Housing Code FILE NO.: 405 (City Code Chapter 1004) . In 1990, after direction by the City Council and considerable work by the Planning Commission, the City adopted Chapter 1004, a Rental Housing Code providing rules and regulations pertaining to rental housing of all types. Before the Code was published, putting it legally into effect, the Council heard from a number of rental property owners who objected to not having input into the Code. The Council then directed staff to put the Code on hold and establish a committee to review the Code and comment to the City Council. The only people who volunteered fo~!!te committee were the following rental property owners: · Pat Niemi . Warren Clague (representing Dutcher properties) . Helen Schimmelfennig .- David Ryan --.." ~'.., In addition, Council member Gagne and Mayor Brancel participated in two meetings with the group. Due to the subsequent change-over in City Administrators no action was taken on the Code. Consequently, we have an ordinance on the books which is not being enforced."Staff feels the Council needs to decide whether to publish the Code and begin enforcing it or repeal it. A copy of the summary of the Code is attached for your review. Also we are forwar~ing a complete copy of the Chapter in case you have detailed questions. A Residential Community on Lake Minnetonka's South Shore II ~ ;, Re: Rental Housing Code 3 February 1993 ~ ~ , Following are the comments made by the rental property owners: , ~,/ 1.' . The generalconcensus of the group is that the Code discriminates against r~nters and rental property. . They feel that the types of problems which had been raised can be addressed with existing codes (e.g. the Building Code), and that tenants have other remedies agalnst problem landlords. They also feel that the Code punishes the good' landlords because of the practices of a few poor ones. Their basic recommendation is that there should not be any code. ~ ( . . 2. If there is to be a housing code it should apply to all residential property - not just .' rental property. . 3. Licenses should be issued every three years an~ the fee should be paid every three years. 4. Fees! should reflect the number of inspections required. Lower the initial fee and charge for follow-up inspections. 5. There should be no initial inspection, the Code should be enforced only on a complaint basis. 6. The group was_split 2.;.2 on whether a resident agent should be required. 7. They questioned who had standing to make a complaint · tenant - yes, but current only ~. neighboring tenant - yes · neighboring property - split 2-2 , . Councilmember - yes, but subject!o other complaints · angry competitor - no . . 8. The grQuP was split on whether screens should be the responsibility of the landlord. 9. Correction of immediate hazards (Sec't.1004.04 Suod. 4)shquld be the re~ponsibility; of_the owner or his agent- not the occupant or other responSible person. -. , Staff will be prepared to answer questions on the Code at Monday night's meeting. If you need anyadditioilal information; please call me prior to the meeting. . cc: Jim Hurm Tim Keane Pat Niemi Warren Clague' Helen Schimmelfennig Dave Ryan/ Bob Gagne' ~\ I - 2 - . LtJ 17 {'~ CCOfP1r CITY OF SHOREWOOD OFFICIAL SUMMARY OF ORDINANCE NO. 223 On March 19, 1990, the Shorewood City Council adopted Ordinance No. 223 entitled: An Ordinance Amending Title 1000 of the Shorewood City Code Adopting A Rental Housing Code. The Shorewood City Council hereby adopts this 0 fficial Summary of the 0 rdinance. . Sharing the concerns of a growing number of Minnesota communitiesr Shorewood has adopted a rental housing code. T he intent of the new regulations is to correct and prevent housing conditions that may adversely affect the health, safety and general welfare of Shorewood's rental population. The code is also intended to improve and maintain the quality of Shorewood's housing stock. The new code establishes a procedure for the licensing of rental dwelling units, imposes minimum standards relative to health and safety, provides for a system of inspections, and establishes proced ures for administering and enforcing the code. Anyone operating a rental. dwelling unit must obtain a license to do so. This requirement applies not only to apartments, duplexes and double bungalows, but also extends to single-family homes, or parts thereof (e.g. accessory apartments). The cost of obtaining a license is $35 per unit. Licenses must be renewed annually or upon change of ownership,. whichever occurs first. . The new code requires that rental dwelling units comply with certain minimum health and safety requirements. Standards for plumbing ,wiring and heating have been adopted by reference from the Uniform Housing Code. Property maintenance is also addressed in the regulations. In order to obtain a license, owners of rental units will be required to have their properties inspected. T he code provides for an initial inspection to ensure compliance with the aforementioned minimum standards. T hereafter inspections will be made every three years or when changes in ownership occur. Inspections will also be made on a complaint basis. T he last section of the code establishes deadlines for compliance? and an appeal process. Penalties for violating the code are also prescribed. ~ib;t A .. A copy of the new code is being mailed to all known owners of rental property. Copies of the code are also available for review or purchase at the Shorewood City Hall. The Rental Housing Code goes into effect as of 1 June 1990. A complete text of the Rental Housing Code, Ordinanc'e No. 223, is available for review in the City offices located at 5755 Country Club Road during regular office hours. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 14th day of May, . 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk . t' 3 11v'3 B - t"-')-;-'" cr "<" > f LC . February 1, 19~3 Barb Brancel and Shorewood City Council 5755 Country Club Road Shorewood, MN 55331 Dear Ms. Brancel and City Council Members, . We are writing in regard to the Rental Housing Code that has been adopted by the City Council. We are entirely in favor of this Code, and believe the city should begin enforcing it. We have a rental situation in our single-family neighborhood that would greatly benefit from this Code. A past single-family home has grandfathered its rental authority into our single-family neighborhood. The past three renters have been nightmares. By enforcing the Code, this property would surely return to single- family status, and hopefully; alleviate most of the problems that we have experienced. Let us give you a few examples of those problems: 1. The landlord of this property has little regard for the quality of his renters. If they can write a check, he will rent it to them. As a result, we have had the misfortune of his attracting renters who care little about the neighborhood in which we live. 2. The first set of "problem" renters were college students. They often had large parties, attracting as many as 50-100 party goers. Police visited the location often, and issued citations for underage drinking and drugs. If this rental unit didn't exist, this problem would not have arisen. . 3. The second set of "problem" renters were into drug dealing. In addition, the ex-spouse of this renter showed up one day with a knife, and tore the place apart. He was arrested, but needless to say, we were alarmed with the activity in the home, and spoke to the landlord about it. As long as the renter paid the rent, he didn't care. The renter eventually fled the state, with the police on her heels, for drug charges. 4. The third "problem" renter had a record of assault with a deadly weapon. He repeated this offense this past weekend, becoming extremely violent with the landlord. He was arrested for attempted assault, and taken to jail. 5. The landlord of this property does little to maintain the property. It is infested with mice, has major structural problems, .and is basically falling apart. One summer, the plumbing was out for a period of two weeks, and his children were using the backyard as a bathroom! Another summer, wires from the ceiling were sending off sparks as the rainwater leaked in through the roof. We lived the entire summer and fall with the fear of a fire in this home spreading to one of ours. The Rental Housing Code could help to ensure that the property was up to Code standards, including functioning plumbing and safe electrical. 6. Because the garage portion of this home was converted into an apartment, the amount of junk is enormous. From broken down vehicles to major appliances to mounds of "junk" the place is an eyesore because there is no storage available. . 7. We believe the property is not a "legal non-conforming rental unit" because the owner has told some of us on a number of occasions that he does not claim the rental income as income on his taxes. How do we prove this, if the Code is not enforced? This is a family neighborhood. It is zoned for single-family dwellings. Because the city is not enforcing the Rental Housing Code, we as tax-payers must suffer the consequences. Please, begin enforcing this Code, so our neighborhood can become the safe environment we all want for our families. Thank you. . sincerely, 9o/uL'r "iSOS temcmjf /Jr./ SI-or-;ed'Ood February 3, 1993 FEB - 3 1993 Barb Brancel Shorewood City Council 5755 Country Club Road Shorewood,~ 55331 Dear Mayor Brancel and City Council Members, We would like to voice support for the Rental Housing Code and the three-year licensing requirement recommended by the review committee. . A letter directed to the Council by our neighbors shares a small number of incidents that have occurred in our neighborhood in the past few years. Many of these problems could have been avoided by the enforcement of a rental housing code. As homeowners, we have invested heavily in our neighborhood and in our city. That investment and the safety of our families are endangered when a rental unit in our neighborhood is in such a poor state of repair that it represents a fire hazard. We are endangered when an illegal unreported rental is attractive only to renters who have little concern for laws, and is frequented by hostile, weapon-carrying visitors. We recognize that a rental housing code is not a magic wand that will erase all neighborhood problems, but it will certainly provide a much-needed tool to make our neighborhood and others less vulnerable to these types of problems. . Individuals who derive income from renting living units in our community should share in the responsibility and the cost of assuring that those living units conform to minimum standards. Because this code does not touch the lives of many Shorewood residents, support for it may seem to be lacking. Please consider how important it is to those it was designed to protect, however. Our renting neighbors deserve safe housing. Shorewood homeowners deserve neighborhoods that are free from illegal and unsafe rental properties. William P. Bergdorf Cynthia M. Bergdorf 21115 Minnetonka Boulevard Shorewood,~ 55331 ~M. Orr . . ., Schelen . " ", Mayerpn & AsSociates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 MEMORANDUM To: Mr. James C. Hurm City Administrator City of Shorewood /tV Joel Dressel, City Engineer/).o Charles Rickart, Traffic Engineer From: . Date: February 2, 1993 Re: Old Excelsior Boulevard Traffic Study OSM Project No. 5047.00 The residents along Old Excelsior Boulevard between Hooper Lake Road and St. Alban's Bay Road have voiced concerns following the closing of the direct access to TH-7 regarding the growth in traffic and safety along the street. In response to this, the City requested the Public Safety Department to conduct a speed survey on Old Excelsior Boulevard in this area. The conclusions of the study stated that, although there are some speeding vehicles on Excelsior Boulevard, this roadway is typically no different that any other local residential street. The City then requested that the City Engineer study this area in more detail. This memorandum is the result of that study. . A 24-hour traffic count was conducted on Old Excelsior Boulevard January 19 and 20, 1993. The resulting traffic volume was 918 vehicles per day. This volume is typical for a medium level residential street. A low volume residential street would range from 0-500 vehicles per day, a medium volume street would range from 500-1500, and a high volume street is over 1500 vehicles per day. No traffic volume data was collected prior to the closing of the TH- 7 accesses. Therefore, no direct comparison can be made to existing traffic. However, it can be concluded that slight increases in traffic did occur in this area following the closing of the TH-7 accesses. It also can be concluded that this traffic is primarily local to this area. Very little cut-through traffic would be generated due to the access closing. A review of the accident records found that no accidents have been reported in this area. A site review was conducted documenting the location of existing traffic signs, traffic control and the general characteristics of the roadway. Based on this review, it appears that a site distance problem occurs for vehicles exiting some driveways on the south side of Old Excelsior Boulevard, viewing eastbound traffic. These problems could be more pronounced during the summer, when trees are full with leaves. Engineers . Architects . Planners . Surveyors ! 3 (3-/ Memo to Mr. James Hurm City of Shorewood February 2, 1993 Page 2 Based on the collected data and site review, the following conclusions can be made: ~ The vehicle speeds and volume of traffic for an average day on Old Excelsior Boulevard does not indicate any traffic operational problems. ~ The closing of the TH-7 accesses, although slightly increasing traffic, did not increase the cut-through traffic on Old Excelsior Boulevard (i.e., traffic is local to this area). ~ Site distance problems do exist for some vehicles in driveways on the south side of Old Excelsior Boulevard. However, since no accidents have occurred in this area, it appears that sufficient gaps in traffic exist for vehicles to pull out safely onto Old Excelsior Boulevard. . Generally, this roadway is operating satisfactorily for a local residential street. Therefore, no improvements would be necessary. However, to increase the safety for the vehicles and pedestrians on this facility, the following improvements could be implemented. ~ Installing additional speed limit signs to reinforce the 30 mile per hour speed limit. These signs are especially needed for westbound traffic. ~ Clearing some or all of the vegetation in the right-of-way, to provide additional site distance in the problem areas. ~ Improving the intersection of Old Excelsior Boulevard and St. Alban's Bay Road in order to provide for 4-way (all way) stop sign control. This would better delineate the westbound traffic on Excelsior Boulevard. . It should be noted that these improvements are not required by accepted standards. However, some or all of them would increase the safety for vehicular traffic and pedestrians on Old Excelsior Boulevard. bjf CK NO CHECK APPROVAL LISTING FOR FEBRUARY 8, 1993 COUNCIL MEETING TO WHOM ISSUED PURPOSE CHECKS ISSUED SINCE JANUARY 20, 1993 10803 10804 10805 10806 10807 10808 10809 10810 10811 10812 10813 10814 Al815 "0816 10817 10818 10819 10820 10821 10822 10823, 10824 10825 10826 10827 10828 10829 10830 ...0831 ~832 10833 10834 10835 10836 10837 10838 10839 10840 10841 10842 10843 10844 10845 (G) (G) commiss of Revenue Sam's Club Void-on last list Void City cty Credit Union Wendy Davis Fina Fleet Fueling Henn cty Ag Society Dennis Johnson League of Mn cities Void Metro Waste Control Void Mn Cellular Telephone Bradley Nielsen Northern States Power Joseph Pazandak Petty Cash US West Communications Void Bellboy Corporation Chippewa Springs Corp. Flaherty's Happy Tyme Co Griggs, Cooper and Co. Honeywell Protection Johnson Brothers Liquor Mark VII Mn Bar Supply Mn victoria oil Co. Ed Phillips and Sons Quality Wine/Spirits Thorpe Distributing Wine Merchants Void First State Bank Commiss of Revenue Pera ICMA Retirement Trust Child Suppt Enforcemt Anoka cty sppt/Collectn Govt Fin Offcr Assoc Void-on last list Mn North Stars (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) Dec 1992 sales tax Office/bldg supplies Payroll deductions Sec 125 reimbursement Gasoline purchases 1993 cty Fair contribution Mileage 1993 Directory Dec SAC charges Planning cellular phone update Sec 125 reimbursement utilities Mileage Petty cash reimbursement Telephone/advertising svc Liquor purchases Misc purchases Misc purchases Liquor,wine,misc purchases Security system Liquor and wine purchases Beer and misc purchases Misc and supplies purchases Fuel oil Liquor and wine purchases Liquor,wine,misc purchases Beer and misc purchases Wine purchases Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll aeductions conf registration-Rolek Reservation deposit TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- AMOUNT 12,541.54 174.96 950.00 140.00 279.89 50.00 12.10 155.10 6,930.00 380.71 240.00 1,558.63 46.20 86.39 1,522.47 3,092.59 3.00 235.50 5,172.79 90.00 1,967.20 5,262.91 218.11 136.50 4,118.85 1,229.00 5,177.65 15.00 6,716.51 1,143.78 2,163.70 636.28 87.50 110.59 250.00 30.00 23,664.81 39,260.64 62,925.45 CHECK APPROVAL LISTING FOR FEBRUARY 8, 1993 COUNCIL MEETING AMOUNT TO WHOM ISSUED CK NO PURPOSE CHECKS FOR COUNCIL APPROVAL Void American Eng. Testing James Andrus Applied Graphics Artworks Cargill Salt Division Dept of Natural Resourc. ESI Communications Feed Rite Controls Gnerer Welding Hance Hardware Henn cty Treasurer Henn cty Treasurer Henn cty Treasurer Larkin, Hoffman, Daly,. and Lindgren, LTD. 10846 10847 10848 10849 10850 10851 10852 10853 10854 10855 10856 10857 10858 10859 10860 Old Mkt Rd services Balance due on shirts January newsletter printing Planning supplies Street supplies-ice control 1993 well permits Telephone maint services Chemicals Cutting edges Repair broken window Dec prisoner expense Homestead supplies Spec assessment svc chg Dec legal fees develop. 27.00 general 2714.40 waterford 387.00 church rd 595.50 Parks-utilities Subscriber fees-1993 Office supplies 1993 membership dues Publishing Recycling award Sanders maint. Dec booking fee Black line prints Planning supplies Council meeting minutes 4th qtr water/sewer Light ballasts Repair broken window Financial services 3,876.85 19.00 1,308.89 13.23 1,426.80 258.00 380.99 442.09 100.27 27.06 73.00 773.31. 27.25 3,723.90 127.50 2,196.00 165.32 15.00 84.96 125.00 313.28 239.40 73.10 36.74 309.75. 486.22 195.32 83.72 248.86 M-V Thermogas MAMA-LMC Labor Relatns Midwest Business Prod. Mn Govt Fin Offcrs Assoc Mn Sun Publications Neal, Mr/Mrs John Reach Equipment So Lk Mtka Public Safety Technical Reproductions Tierney Brothers Time Saver Off site Sec City of Tonka Bay W.W. Grainger Westonka Glass witt Financial 10861 10862 10863 10864 10865 10866 10867 10868 10869 10870 10871 10872 10873 10874 10875 17,150.81 TOTAL CHECKS FOR APPROVAL 80.076.26 TOTAL CHECK APPROVAL LIST -2- CHECK APPROVAL LISTING FOR FEBRUARY 8, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR JANUARY 26, 1993 PAYROLL 206987 Void 206988 (L) Scott Bartlett 6.0 reg hours 34.63 206989 (G) Randie Berg 70.5 reg hours 338.24 206990 (G) Eric Chiles 28.0 reg hours 141. 29 206991 (G) Jeff Chiles 45.5 reg hours 214.98 206992 (G) Charles Davis 80.0 reg hours-13 ot 764.41 206993 (G) Wendy Davis 80.0 reg hours 70.17 206994 (L) Julie Dunn 12.0 reg hours 62.62 206995 (L) Cory Frederick 27.0 reg hours 148.36 206996 (L) John Fruth 18.5 reg hours 100.06 206997 (G) Timothy Heiland 86.5 reg hours 379.32 206998 (G) Patricia Helgesen 80.0 reg hours 653.06 .6999 (G) James Hurm 80.0 reg hours 1,490.99 7000 (L) Brian Jakel 24.0 reg hours 134.83 207001 (G) Dennis Johnson 80.0 reg hours-5 ot 862.43 207002 (L) Loren Jones 15.0 reg hours 76.18 207003 (L) Martin Jones 16.75 reg hours 67.40 207004 (L) William Josephson 80.0 reg hours 630.22 207005 (L) Mark Karsten 39.0 reg hours 202.21 207006 (L) Sandra Klomps 12.0 reg hours 62.62 207007 (G) Mary Beth Knopik 48.0 reg hours 249.79 207008 (G) Douglas Koerting 15.0 reg hours 67.76 207009 (G) Jason Koerting 21.5 reg hours 109.21 207010 (G) Anne Latter 80.0 reg hours 859.34 207011 (L) Susan Latterner 37.5 reg hours 201. 61 207012 (G) Joseph Lugowski 80.0 reg hours-12.5 ot 925.01 207013 (L) Russell Marron 28.0 reg hours 154.39 207014 (G) Lawrence Niccum 80.0 reg hours-14 ot 968.10 tfo7015 (G) Susan Niccum 80.0 reg hours 702.26 7016 (G) Brent Nicolle 46.75 reg hours 219.90 07017 (G) Bradley Nielsen 80.0 reg hours 953.52 207018 (G) Joseph Pazandak 80.0 reg hours 1,033.73 207019 (G) Joseph Prehall 10.5 reg hours 53.33 207020 (G) Daniel Randall 80.0 reg hours-8 ot 895.96 207021 (L) Brian Roerick 12.0 reg hours 67.76 207022 (G) Alan Rolek 80.0 reg hours 1,225.32 207023 (L) Brian Rosenberger 30.5 reg hours 162.45 207024 (L) Christopher Schmid 80.0 reg hours 404.27 207025 (G) Melissa Simmons 13.0 reg hours 60.03 207026 (G) Howard Stark 80.0 reg hours-16.5 ot 904.95 207027 (G) Beverly Von Feldt 80.0 reg hours 579.76 207028 (G) Ralph Wenle 80.0 reg hours-14 ot 823.27 207029 (L) Dean Young 80.0 reg hours 614.44 207030 (G) Donald Zdrazil 80.0 reg hours 1,189.46 TOTAL GENERAL 16,735.59 TOTAL LIQUOR 3.124.05 TOTAL PAYROLL 19.859.64 -3-