The URL can be used to link to this page

082691 CC Reg AgP ~ CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, AUGUST 26, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. AGENDA 1. CONVENE REGULAR CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Lewis Mayor Brancel Gagne stover Daugherty C. Review Agenda 2. APPROVAL OF MINUTES A. City Council Work Session - July 23, 1991 (Att.No.2A-Minutes) B. Special City Council Meeting - August 12, 1991 (Att.No.2B-Minutes) C. City Council Work Session Meeting - August 12, 1991 (Att.No.2C-Minutes) D. City Council Work Session - August 19, 1991 (Att.No.2D-Minutes) 3. CONSENT AGENDA - Motion to Approve Consent Aqenda and Adopt Resolutions Therein A. Payment Voucher No.1 - A & K Construction, Inc. - Project Number 91458 (Att.No.3A-Voucher) B. Resolution Approving Agreement with NSP for the Home Energy Checkup Program (Att.No.3B-Resolution) C. Resolution Approving Subrecipient Agreement Urban Hennepin County Community Development Block Grant Program (Att.No.3C-Resolution and Agreement) D. Resolution Authorizing the Mayor and City Administrator to Execute Year XVII'/Third Party Agreement/South Shore Senior Center- CDBG (Att.No.3D-Resolution and Agreement) j Council Agenda - August 26, 1991 Page Two 3. CONSENT AGENDA - Motion to Approve Consent Aqenda and Adopt Resolutions Therein - Continued E. A Resolution Adopting a Paper Procurement POlicy for the City of Shorewood (Att.No.3E-Administrator's Memo & Resolu- tion) F. Approve Satisfaction of Repayment Agreement - Ruth Pulvermacher (Att.NO.3F-Agreement) G. A Resolution Declaring the Official Intent to Reimburse Certain Expenditures from the Proceeds of Taxable or Tax- Exempt Bonds to be Issued by the City of Shorewood (Att.No.3G-Finance Director's Memo & Resolution) H. Final Pay Request - S.E. Area Well House Fire (Att.No.3H-Engineer's Memo & Recommen- dation) I. Final Pay Request - Badger Field Pump Repair (Att.No.3I-Engineer's Memo & Recommen- dation) J. Final Pay Request - Badger Field Warming House City Project No.90-1A (Att.No.3J-Engineer's Memo & Recommen- dation) K. 1992 Proposed Fire Department Budget - City of Excelsior (Att.No.3K-Budget Proposal) L. 1992 Fire Contract Budget Proposal - City of Mound (Att.No.3L-Contract Proposal) M. Resolution Approvinq Findings of Fact Grantinq Set Back Variance Applicant: Location: Kevin Kuester 5885 Christmas Lake Road (Att.No~3M-Resolution) N. Ap~eal Notice to Remove - Motion Approving Recommended Extension Appellant: Brian Zubert Location: 28040 Woodside Road (Att.No.3N-Planner's Appeal) Report,Notice, , Council Agenda - August 26, 1991 Page Three 4. COMMISSION REPORTS A. Planning Commission B. Park Commission 5. AN ORDINANCE AMENDING TITLE 500 OF SHOREWOOD CITY CODE GENERAL HEALTH AND SAFETY PROVISIONS (Adopt Uniform Fire Code) (Att. No.5-Ordinance & Administrator's Memo) 6. REVIEW OF RESOLUTION NO.42-91 APPROVING PRELIMINARY PLAT OF JOHNSON'S FIRST ADDITION (Att.No.6-Resolution No.42-91 & Planner's Memo) 7. A RESOLUTION AWARDING THE SALE OF $31,000 G.O. STORM SEWER DISTRICT BONDS, SERIES 1991 (Att.No.7-Finance Director's Memo & Resolution) 8. A RESOLUTION APPROVING THE 1992 PROPOSED GENERAL, WATER, SEWER, AND RECYCLING FUND BUDGETS AND THE 1991 PRELIMINARY PROPERTY TAX LEVY COLLECTIBLE IN 1992 (Att.No.8-Resolution) 9. A RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 1992 GENERAL, WATER, SEWER AND RECYCLING FUND BUDGETS AND THE 1991 PROPERTY TAX LEVY COLLECTIBLE IN 1992 (Att.No.9-Resolution) 10. SET BACK VARIANCE - Motion to Prepare Findinqs of Fact Applicant: Robert Dircks Location: 5351 Shady Hills Circle (Att.No.10-Planner's Memo & Applicant's Reque~t) 11. C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET OF AREA - Motion to Prepare Findinqs of Fact Applicant: Ivan Kruger Location: 5135 st. Albans Bay Road (Att.No.11-Planner's Memo) 12. PROPOSED ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS (Att.No.12-Planner's Memo, Proposed Ordinance & Residents Letter) , council Agenda - August 26, 1991 Page Four 13. MOTION APPROVING SELECTION COMMITTEE RECOMMENDATION AND APPROVING AGREEMENT FOR ARCHITECTURAL SERVICES (Public Works Facilitv) (Att.No.13-Administrator's Memo & Agreement) 14. RESOLUTION APPROVING THE PLAT OF THOMPSON ADDITION (Att.No.14-Resolution) 15. CONSIDERATION OF BIDS PINE BEND WATERMAIN EXTENSION CITY PROJECT 91-11 (Att.No.15-Engineer's Tabulation) Bid Report & 16. RESOLUTION TO ACCEPT BIDS - AWARD CONTRACT CITY PROJECT 91-51 SITE GRADING FOR SALT/SAND BUILDING (Att.No.16-Resolution, Bid Tabulation & Engineer's Recommendation) 17. RESOLUTION TO ACCEPT BIDS - AWARD CONTRACT CITY PROJECT 91-61 SALT/SAND STORAGE FACILITY (Att.No.17-Resolution, to be handed at meeting 8/26 - Bid Tabulation & Engineer's Recommentation) 18. OCCUPANCY PERMIT/SIGN PERMIT (Shorewood Finamartl Applicant: B & J Automotive Location: 24365 smithtown Road (Att.No.18-Planner's Memo) 19. MATTERS FROM THE FLOOR 20. STAFF REPORTS A. Attorney's Report B. Enqineer's Report C. Planner's Report 1. -RegUlation of Garage Sales - for referral (Att.No.20C-1-Resident Letter) . , Council Agenda - August 26, 1991 Page Five 20. STAFF REPORTS - Continued D. Administrator's Report 1. SBA Natural Resources Development Program-Community Tree Planting Grant (Att.No.20D-1-DNR Letter) 2. Final Payment - University of Minnesota - Canada Goose Program (Att.No.20D-2-Letter UofM) 21. COUNCIL REPORTS A. Mayor's Report 1. Appointment of David C. Sellergren as City Attorney 2. Appointment of Director to the LMCD Board (Att.No.21A-2-LMCD Letter) 3. Financial Advisory Board B. Councilmember Re~ort 22. ADJOURNMENT SUBJECT TO THE APPROVAL OF CLAIMS (Attachment Claims) 8/22/91 .' If,' .. . > ........ .. , .. " \.~- .. i ...~.I ~. .., . .. EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL AGENDA AUGUST 26, 1991 AGENDA ITEM 3A - Engineer Noel Vogen has approved a payment voucher of $46,180.21 for the water treatment plant. AGENDA ITEM 3B - This resolution is very similar to the one passed several months ago with Minnegasco which is done annually to provide Community Energy Services. AGENDA ITEM 3C - This resolution authorizes the execution of the enclosed agreements to allocate the City of Shorewood's Community Development Block Grant Funds for the same purposes as last year. $17,129 goes toward a program to rehab private property and $6,233 goes to the South Shore Senior Center operating budget. AGENDA ITEM 3D - This resolution authorizes the execution of a third party funding agreement with the Senior Community Services program for the running of the South Shore Senior Center. AGENDA ITEM 3E - In order to remain eligible for funding under the Hennepin County Funding Assistance Policy for recycling, municipalities were to have adopted procedures similar to those adopted by Hennepin County in 1989 relating to procurement of paper products. A resolution adopting a Shorewood paper procurement policy is enclosed in the packet. AGENDA ITEM 3F - The necessary action is a motion authorizing the execution of a satisfaction of repayment agreement which is necessary for Mrs. Ruth Pulvermacher to repay her loan so that the lein on her property can be removed as a cloud on her title. The loan was acquired through the Hennepin County Housing Assistance Program. AGENDA ITEM 3G Because of new Internal Revenue Service regulations going into effect on september 7, 1991 the city Council now must pass a resolution declaring its intent to reimburse expenditures spent on projects from the proceeds of bond issues to be issued later. There is potentially three such projects this year; the treatment plant, the pine Bend watermain and the Church Road improvement projects. This is a newly required housekeeping resolution. AGENDA ITEM 3H - We have in fact not received a final pay request for the S.E. Area Well House fire and therefore will pull this item off the consent and place it under the Engineer I s report. A memorandum of explanation is enclosed. AGENDA ITEM 3I - Memorandum of explanation and a final bill for $420 is enclosed regarding the Badger Field pump repair bill. . . Executive Summary - Auqust 26. 1991 Page Two AGENDA ITEM 3J - A motion would be in order to approve the final payment of $5,100 which was the bid amount for Badger Field warming house improvements. AGENDA ITEM 3K - Motion is to accept the 1992 proposed Fire Department Budget - City of Excelsior. The requested amount from the City of Shorewood is $90,988 up from the 1991 amount of $83,127. AGENDA ITEM 3L - The 1992 Fire Contract with the City of Mound is for $4,410 down from $5,400 in 1991. AGENDA ITEM 3M - This resolution grants a request for a variance of Kevin and Gerry Kuester, 5885 Christmas Lake Road, to construct a circular walk-way extending into the front set back area. The Planning Commission has reviewed and recommended approval. AGENDA ITEM 3N - Staff September 14, 1991 for remove debris on his recommended extension. is recommending an extension of time to Brian Zubeert, 28040 Woodside Road, to property. Motion is to approve the AGENDA ITEM 5 - Is an ordinance which adopts the State of Minnesota Uniform Fire Code. This is recommended by the Fire Marshal and Fire Chief. A representative from the Fire Department will be available to discuss the proposal at the Council meeting. AGENDA ITEM 6 - Recommendation of the staff in relation to the preliminary plat of Johnson's First Addition is to revise the resolution to include "similar" covenants rather "same". The final language for the covenants can be resolved as part of the final plat for the project. Please read Brad Nielsen's memorandum and a letter from Jeff Bonner III enclosed in the packet. AGENDA ITEM 7 - It is necessary to pass a resolution authorizing the issue of bonded indebtedness even though we are not going out for public sale of $31,000 in debt for the Shady Hills Watershed project. AGENDA ITEM 8 - The enclosed resolution is required by State Law. It establishes the proposed budgets for 1992 and a preliminary property tax levy of $2,375,452. These numbers were taken from the proposed operating budget which was reviewed by the Council on August 19. AGENDA ITEM 9 - This resolution establishes the public hearing for the 1992 budget at 7:15 pm, Monday, November 25, 1991. The backup date is 7:00 pm, Monday, December 2, 1991. . . Executive Summary - Auqust 26. 1991 Page Three AGENDA ITEM 10 - Action here is to move to prepare findings of fact regarding the recommendation to approve a variance at 5351 Shady Hills Circle to allow a proposed deck encroaching 20' into the required 40' rear yard set back area. AGENDA ITEM 11 - A motion is to prepare findings of fact to approve the recommended conditional use permit at 5135 st. Albans Bay Road to allow additional storage space containing 364 sq. ft. of area bringing the total accessory space to 1790 sq. ft. which is still within the limits prescribes by the ordinance. AGENDA ITEM 12 - The Planning commission has held a public hearing on this ordinance and recommends that it be passed. It redefines (street) to include private roads serving three or more properties as well as public rights-of-way. AGENDA ITEM 13 - The enclosed memorandum explains the rational of the selection committee in recommending the firm of EOS Architecture to design the Public Works facility. An Agreement of Architectural Services is also attached. AGENDA ITEM 14 - This is a resolution approving the final plat for the Thompson Addition. AGENDA ITEM 15 - Bids for the pine Bend Watermain extension project came in high. A recommendation is to table the matter so that information can be sent to the residents in the neighborhood so they can come to a consensus on what should be done. A memorandum of explanation from Joel Dresel is included in the packet. AGENDA ITEM 16 - The bids for the site grading for the salt/sand storage building came in at $81,064 which is 16% higher than the engineer's estimate of $69,625. Discussion at the council meeting will center around whether or not the bid should be rejected and rebid, if the Public Works department could do the grading itself with some sUb-contracting or if the grading should be rebid this winter with the larger Public Works facility contract. AGENDA ITEM 17 - The bid tabs for the salt/sand storage facility will be available at the meeting. The bids were opened on Friday, August 23, the low bid was Ebert Construction at $47,500; the engineer's estimate was $45,000. This will be part of the discussion described in item 16 above. AGENDA ITEM 18 - The occupancy permit/sign permit for B & J Automotive at Shorewood Fina Mart is recommended for approval subject to the applicant providing the City with a letter stating that he understands and agrees to comply with the conditions which have been imposed on the subject site. A detailed memorandum is enclosed. . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION TUESDAY, JULY 23, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES Mayor Brancel called the City Council work session to order at 7:08 pm. 1. Roll Call Present: Mayor Brancel, councilmembers Daugherty, Lewis, and Gagne and City Administrator James C. Hurm, Engineer Dresel, Finance Director Rolek, Planning Director Nielsen and Public Works Director Zdrazil Absent: Councilmember stover. 2. Discussion on Capital Improvements Proqram Elements A. Sanitary Sewer The proposed sanitary sewer capital improvement program was reviewed by Engineer Dresel. He discussed the various elements of the plan: inflow and infiltration control; rehabilition of two lift stations per year; sanitary sewer system extensions, and the need for sanitary sewer system rate study. B. Public Facilities Update and updated capital Improvement Finance Plan for the Public Works Facility was reviewed. The updated plan shows the facility being completed in 1992 because additional lands are not planned to be purchased. C. Water There was further discussion on pros and cons of expanding the current municipal water system. The Finance Director reviewed several spread sheets; the first project the financial situation of the current system if unchanged. The second spread sheet projected the financial status of the water system if the system were expanded City-wide. These proj ections indicate that the current deficit situation of the water fund worsens significantly over the years if nothing is done. The completed municipal water system could become financially strong without raising rates. It appears the most valuable options are to expand the system or to get out of the municipal water business all together. The Council indicated that further information should be collected and disseminated to the general public later, during the process. They asked that a program be 24 . . CITY COUNCIL WORK SESSION MINUTES TUESDAY, JULY 23, 1991 Page Two C. Water - continued developed which might keep the per unit cost at $4,000. The second direction was that the - policy should not encourage development. Potential developable lots would not be charged until they are actually developed. The Council will meet in another work session to review the program being developed by the staff. 3. Adiournment R. Gagne moved to adjourn, seconded by R. Daugherty, the motion passed unanimously the meeting adjourned at 9:58 pm. RESPECTFULLY SUBMITTED, Barbara Brancel, Mayor James C. Hurm City Administrator . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, AUGUST 12, 1991 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 7:00 PM MINUTES CALL TO ORDER Mayor Brancel called the meeting to order at 7:05 pm. 1. Roll Call Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and Lewis; also present Administrator Hurm. 2. Consideration of Appointment to the position of city Attornev The Council met with the representatives of Larkin, Hoffman, Daly & Lendgren, Ltd, to discuss in greater detail the possibility of David C. Sellergren from their firm acting as the Shorewood City Attorney. Mr. Sellergren proposed at this time that a retainer not be used but if the Council is interested in a retainer we would review the work load after a two to three month period. Mr. Sellergren stated that his firm could function as prosecuting attorney on an interim basis while the City is working with neighboring municipalities to select a joint prosecuting attorney. Following further discussion Mayor Brancel moved to appoint David C. Sellergren of Larkin, Hoffman, Daly & Lendgren, Ltd. as City Attorney; and to appoint the firm of Larkin, Hoffman, Daly & Lendgren, Ltd. as prosecuting attorney on a temporary basis during the process of selecting a joint prosecuting attorney; motion was seconded by Lewis. Motion passed with Stover dissenting. 3 . Ad i ournment There being no further business Mayor Brancel adjourned the meeting at 8:00 pm. RESPECTFULLY SUBMITTED Barbara Brancel, Mayor James C. Hurm city Administrator 28 . . CITY OF SHOREWOOD CITY COUNCIL MEETING/WORK SESSION MONDAY, AUGUST 12, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM MINUTES CALL TO ORDER Mayor Brancel called the meeting to order at 8:05 pm. 1. Roll Call Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and Lewis, Administrator Hurm, Engineer Dresel and Public Works Director Zdrazil. 2. Review Aqenda Gagne moved, Daugherty seconded to approve the agenda. Motion carried unanimously. 3. Approval of Minutes A. city Council Work Session - JulY 17. 1991 Gagne moved, Lewis seconded to approve the City Council work session minutes of July 17, 1991. Motion carried unanimously. B. Reqular city Council Meetinq - July 22. 1991 Gagne moved, Lewis seconded to approve the Regular City Council Minutes of July 22, 1991. Motion carried unanimously. C. Special city Council Meetinq - JulY 31. 1991 Gagne moved, Stover seconded to approve the Special City Council Meeting minutes of July 31, 1991. Motion carried unanimously. 4. Consent Aqenda Gagne moved, Daugherty seconded to approve the following consent agenda items: A. Approve Charity Event and Temporary Sign Permit, Shorewood Finamart, 24365 Smithtown Road B. Approve the Request for Proposal for Prosecutor Motion carried unanimously. ~c . . city council Work Session - August 12, 1991 Page Two 5. Work Session on the 1992-1996 Caoital Imorovement prooram (CIP) A. Streets There were three main areas of discussion in the street CIP presentation. A need for a payment management system was identified. This is a computerized method of tracking the status of payment. It is recommended that $10,000 be set aside in 1992 for hardware and software for this purpose. The second area of discussion was the Minnesota State Aid (MSA) system streets. The City council must decide on the cross-section which will be used when these streets are improved. There was also discussion on the width of a sidewalk/bike path which could be built with MSA funds. This would tie in with the trail plan currently being developed by the Park Commission. The Commission recommended that a 6' wide path is the minimum width for the path to be used for a bike path. MSA funds would pay for 5' and the City would have to pay for the additional foot width. The third area of discussion was the annual street over-lay program, $200,000 in expenditures annually is recommended to be continued for this purpose. This section of the CIP is entirely dependent upon the decisions made on the installation of watermain. B. Drainage The purposed drainage CIP was reviewed with the City Council. Staff reviewed for the Council proposed goals, objectives, policies and funding options. The following proposed stormwater control finance plan was received favorably by the Council: A Shorewood/Lake Minnetonka Drainage District could be established at approximately $15 dollars per year added onto utility bills. $45,000 would be taken in for drainage improvements. Of that, $25,000 could be spent on annual maintenance projects, and $20,000 could go toward capital improvement projects. sixteen Watershed Districts could be established. These districts are identified in the 1975 Comprehensive Stormwater Study. Specific drainage improvements could be undertaken within each of those districts. Those improvement projects would be paid for as follows: 70% special taxing district revenue from property within that Watershed District, 20% from the General Fund (This money would come from street improvement funds and storm water . . City Council Work Session Minutes - August 12, 1991 Page Three B. Drainaqe - continued maintenance funds that are already in the operating budget) and 10% would come from the utility Drainage District charges (the $20,000 identified in paragraph 1) . If approximately $200,000 of drainage projects were done each year, $140,000 would come from Watershed district proceeds, $40,000 from the General Fund, and $20,000 from the District Drainage Fund. C. Discussion on all CIP Elements Administrator Hurm reviewed several additional spread sheet projections for the water fund. The Council now has seen four different projections: (1) the current system without additional hookups; (2) the current system with some additional logical hookups; (3) a proposed complete municipal water system with a somewhat agressi ve hookup rate; (4) a municipal water system with a lessor rate of hookups to the system. Staff will continue to develop a finance plan which could be utilized if the Council wished to develop a municipal water system that will be discussed further at the September 4th meeting. 6. Adiournment and Approval of Claims Adj ourn subj ect to the approval of Claims. Gagne moved, Stover seconded to adjourn the meeting at 9:20 pm, subject to paYment of claims. Motion carried unanimously. RESPECTFULLY SUBMITTED Barbara Brancel, Mayor James C. Hurm City Administrator . . CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING MONDAY, AUGUST 19, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES Mayor Brancel called the Special city council meeting to order at 7:12 pm. 1. Roll Call Present: Mayor Brancel, Councilmembers Daugherty, Lewis, Stover and Gagne, city Administrator James C. Hurm, Finance Director Rolek, Public Works Director Zdrazil, Planning Director Nielsen, Financial Advisory Board Members John Bridge and Ed Snyder. 2. Work Session on 1992 Municipal Operatinq Budqet Administrator Hurm reported to the city council the over-all goals which are the basis for the proposed 1992 Operating Budget they are as follows: 1. No increase in the dollars to be received from property taxes which will result in a net decrease in tax levy due to the larger amount of assessed value within the city. 2. Reduce expenditures responsibily while maintaining capital improvement efforts. 3. Maximize non-property tax revenues. 4. Keeping in mind that the capital improvement program is likely to increase costs to Shorewood property owners over the next five years, we should reduce or delay increases or use enterprise or surplus funds wherever possible, while remaining financially responsible. The concept of issuing equipment certificates of indebtedness was introduced while reviewing the equipment replacement schedule. One advantage of this method of financing equipment purchases is to defer property tax impact until after the first five years of a capital improvement program should the council decide to proceed in that direction. c2D . . council Work Session Minutes - August 19, 1991 Page Two Finance Director Rolek reviewed each of the departmental budgets for the Council. The proposed ad valorem property tax remains at the same dollar level as 1991, $1,840,663. Total expenditures in the budget increased by 3 % . Ten of twenty-three departmental budgets are reduced or remain virtually unchanged for 1991. There was some discussion on the Animal Control Contract with the City of Chanhassen~ There was concern that even with ten hours a week of patrolling the program is not effectively addressing animal at-large problems. A copy of the most recent animal control report will be distributed to the Council. There was concern voiced for continued increases in the costs of fire se:r;vice offered by the City of Excelsior Fire Department. Administrator Hurm will attempt to get a copy of the Fire Department's capital improvement program. There was a request that "proposed 1992" column in the recommended budget be changed to "percentage increase". Because of the costs of the sewer and water maintenance contract with Munitech, staff has been asked to come up with alternatives including the City under-taking those functions. FOllowing review of all departmental budgets J. Hurm stated that any changes to the proposed budget would be reported at regular Council meetings. The public hearing on the operating budget is likely to be at the last regular council meeting in November. Adiournment R. Gagne moved to adjourn, seconded by K. Stover, motion passed unanimously meeting adjourned at 9:45 pm. RESPECTFULLY SUBMITTED, Barbara Brancel, Mayor James C. Hurm City Administrator .. OJEuu[OO . uOO&-.~~~Ouu&-.[1, ASSOCIATED CONSULTANTS ENGINEERS, INC. . 3131 Fernbrook Lane North MINNEAPOLIS. MINNESOTA 55447 OATE 8-14-91 JOB NO. 91458 (612) 559-5511 ATTENTfON Mr. James Hurm, Cit Administrat r RE: Water Treatment Plant Shorewood, MN TO City of Shorewood 5755 Country Club Road Shorewood, MN 55361 WE ARE SENDING YOU ~ Attached 0 Under separate cover via the following items: o Shop drawings o Copy of letter o Prints o Change order o Plans o o Samples o Specifications COPI ES DATE NO. - - DESCRIPTION I 3 A & K progess Payment #1 ! i i \ I THESE ARE TRANSMITTED as checked below: CJ Resubmit caples for review !Xl For approval 0 Approved as submitted 0 For your use 0 Approved as noted 0 As requested 0 Returned for corrections 0 For review and comment CRevlewed as noted 0 FOR BIDS DUE 19 o Resubmit copies for approval o Submit_copies for distribution o Return_corrected prints CJ Reviewed- no notes o PRINTS RETURNED AFTER LOAN TO US REMARKS SIGNED: Noel W. Vog 3A COpy TO P1IOllUCIl4O-J {NniSJIn<, ~,..., OWl. It enclosures are not as noted, kindly notify us at once. -PROGRESS PAYMENT REQUEST . . Date: Auqust Project No.: 91458 14 , 1991 Estimate No. : 1 contractor: A & K Construction, Inc. 9038 - 110th Street North Stillwater, MN 55082 From June 4, 1991 Owner or Purchaser: City of Shorewood 5755 Country Club Road Shorewood, MN 55361 To Auqust 10, 1991 DETAILED ESTIMATE WORK DESCRIPTION UNIT PRICE VALUE COMPo TOTAL COST % CaMP. WORK See Attached $337,000.00 14% $48,610.75 Original Contract Cost $337,000.00 Approved Contract Amendments: No. No. No. $337,000.00 SUMMARY Value of completed work and materials stored . Less retained percentage (5%) ..... Net amount due including this estimate Less estimate previously approved: . $48,610.75 $ 2,430.54 $46,180.21 No. 1 No. 6 No. 2 No. 7 No. 3 No. 8 No. 4 No. 9 No. 5 No.lO Total Previous Estimates..$ 0.00 Net Amount Due this Estimate . . $46,180.21 BY: BY: SOCIATED CONSULTANTS GIN. w!;l" Contractor: Date: Date: Auqust 14, 1991 .COST BREAKDGWN . SHEET 1 OF 2 SHEETS ESTIMATE FOR PARTIAL PAYMENT NUMBER ONE (1) WATER TRE-ATI:1ENT PLAm' FOR S .E. AREA. HEU_#7 FOR CIIT OF' SHCREWOOD. ~mINESarA FOR THE PERIOD June 4. 1991 TO August 10 , 1991 I INCL - DETAILED ESTIMATE WORK PERFORMED TO DATE ITEM NO. CESCRIPTlON NO. OF UNITS UNIT PRICE CONTRACT AMOUNT NO. UNITS AMOUNT EARNED %COMF' ~. . Bond & Insurance 5,977.00 5.997.00 100 ... Demolition 4,000.00 4,000.00 100 .c:. " Bldg. Exeav. & Back Fi1 6,900.00 5.520.00 80 \ . - , Concrete Work 37,375.00 21,29'3.75 65 iJ.. -' . ~sonry Work 11,258.00 t.. DampproofinB; ., - 1,15.0.'00. '"! Precast Floor Slab 4, 600. 00 . ,.. .' Precast Roof Sla.b 4,600.00 .:1 _ a. Roofing & Sheet Metal 5,390.00 10. Carpentry 1,380.00 1l. Door & Hardware 1,100.00 12. Caulking 660.00 13. Painting 6,116.00 14. Misc. Heta1s, Ladder, G ~ating 1,150.00 15. Bi1co Hatch 1,438.00 If,. Landscaping 8,500.00 17. Louvers & Dampers 1,100.00 18. Retaining Wall 6,500.00 19. Tonka Filter & Accessor 'es 115,762.00 20. filter Media 8,389.00 21- Haul, Set & Load filter 6,600.00 22. Filter V1!.lves, Flowmete ,., Are,q,tor ) Face Pipin~, Chemical "eed ) 45,489.00 ..." . U.G. -n , tittinge &'v a1ves .. 11,000.00 8,800.00 80 It.;). r~pe, 24. Aboveground Pipe, Fitt . np:s & Val Ires 23,046.00 25. Air operated Sludge Purr p 1,540.00 2~. Recyc1in~ Pump 1,540.00 27. Two (2) Sumps 440.00 28. Electrical 14,000.00 Total Contract Amount $337,000.00 Total Completed to DatE : 48,610.75 '-: STATUS OF CONTRACT . . Original Contract Amount $317.000.00 Extras approved to date Credits approved to datI" Net amount of Contract this date Certificate of the Contractor or his duly Authorized Representative To the best of my knowledge and belief, I certify that all items, units, quantities and prices of work and material shown on the face of Sheets No. 1 anrl 2 of this Periodicai Estimate are correct; that all work has been performed and materials supplied in full accordance with the terms and conditions of the corresponding construction con- tract documents between Citv of Shorewood. ~m , (Owner) and A & :P;: Construction, Inc. - , daterl' June 1:.,-19-31, and all authorized changes thereto; that the following is a 'true and correct statement of the contract account up to, and including, the last day of the period covered by this estimate, and that no part of the "tot nt due" h;15 been received. Authorized Representativ ,J, ohn H. Aderman President. Dat.. August 12. 1991 (a) Total amount earned. .. . ... . . . . . ... . ., . . . . ... '" . ........... ...... '" ..; 1:.8 .A10. 7'; (b) Retained............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . $ ?,1.,30.5l, ( c ) Total earn~d less retained percentage.. .. . . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . $ 1, f.., ! 1 R(I ?1 (d) Total previously approved...:.......................................... $ (e) Amount due this estimate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 46,180.21 Appoved as to quantities and estimate due: Superintendent of Construction Architect Supervising Engineer . . RESOLUTION NO. 8/21/91 A RESOLUTION AUTHORIZING THE CITY OF SHOREWOOD TO ENTER INTO AN AGREEMENT WITH NORTHERN STATES POWER COMPANY TO PROVIDE COMMUNITY ENERGY SERVICES WHEREAS, rising energy costs are a major expense for low and moderate income families who either own or rent their homes; and WHEREAS, residential energy conservation helps preserve the environment and the quality of life in our community; and WHEREAS, the City Council wants to help its residents contain or reduce their energy costs through energy conservation improvements to their homes; and WHEREAS, NORTHERN STATES POWER COMPANY (NSP) has been directed by the State of Minnesota to implement a residential energy conservation program; and WHEREAS, NSP is interested in working with the City in promoting residential energy conservation through a Community Energy Council Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City Council hereby approves the Community Energy Council Program proposed by NSP. 2. That the Mayor and City Administrator/Clerk are authorized to execute the Community Energy Council Program Agreement with NSP attached hereto as Exhibit A. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 1991. BARBARA J. BRANCEL, Mayor ATTEST: JAMES C. HURM City Administrator/Clerk 38 . EXHIBIT A . COMMUNTIY ENERGY COUNCIL PROGRAM AGREEMENT This AGREEMENT, effective as of the 1st day on January, 1991 is between Northern States Power Company (NSP), a Minnesota Corporation, the City of Shorewood (the "City") a Municipal Corporation, and non-profit Minnesota Corporations: West Hennepin Human Services Plannin2 Board (3rd party) (3rd party) (3rd party) Self Reliance Center Natural Resources Corporation WITNESSETH: WHEREAS, the Minnesota Public Utilities Commission ("MPUC") ordered NSP to hnplement a conservation improvement program which included providing assistance to condu~t the Home Energy Check-up (HEC) for NSP residential customers, and WHEREAS, the City has established a Community Energy Council (CEC) whose responsibilities include conducting the Home Energy Check-up (HEC) for NSP residential customers. NOW THEREFORE, in consideration of the terms and conditions stated herein, the parties agree as follows: 1. Publicity: The (3rd Party) shall develop a program to stimulate interest and publicize the availability of the HEC in order to sign up households for the service. Promotions will be done with advertising, mailings, and other direct communications. Upon request by the City or the (3rd party), NSP will assist with publicity by providing mailing labels and offer advertising assistance at the option of NSP. 2. Selection of Participants: Any NSP residential customer qualifies for the HEC. The (3rd Party) is responsible for encouraging senior citizens, handicapped persons, low-income individuals and renters to receive a HEC. 3. Customer Release Form: The (3rd Party) will obtain signed authorization from each participant in the HEC allowing NSP to release consumption data to the auditor. This release form, a sample of which is attached hereto and incorporated herein by reference as "Attachment-A," shall be signed by each participant prior to the release of the consumption data. 4. Audits: NSP shall reimburse the (3rd Party) $87 for each approved HEC completed by a (3rd Party) auditor in 1991. Alternatively, NSP shall reimburse the (3rd Party) $127) for those HEC approved participants identified by the (3rd Party) as low income or renters. NSP shall have the options to verify income and rental status. The reimbursement rate for each HEC completed in 1992 will increase by the amount of the consumer price index for 1991. 5. Auditor Training: NSP shall pay the tuition for the local training for up to two auditors, not to exceed a total of $700, who will perform audits for a City sponsored CEC. . . 6. Energy Conservation Materials: As part of the $87 reimbursement for each HEC, NSP shall require the (3rd Party) to provide between $20-$25 worth of energy conservation materials for each home receiving the HEC, with $5 of energy conservation materials specifically directed to electric conservation. Alternatively, as part of the $127 reimbursement for each low income and rental HEC, NSP shall require the (3rd Party) to provide between $45-$50 worth of energy conservation materials for each home receiving the HEC, with $25-$30 of energy conservation materials specifically directed to electric conservation. A (3rd Party) AUDITOR Wll.L IDENTIFY AND DEMONSTRATE THE INSTALlATION OF THE MATERIALS TO THE PARTICIPANTS, ANSWER QuESTIONS AND PROVIDE SPECIAL ASSISTANCE TO SENIOR CITIZENS, HANDICAPPED PERSONS, LOW INCONfE INDIVIDUALS AND RENTERS. 7. Literature: NSP will provide information publications for the (3rd Party) to offer program participants. . r 8. Referral and Assistance: The (3rd Party) auditors will inform participants of applicable energy assistance programs offered by the Energy Division of the Minnesota Department of Public Service, Minnesota Department of Economic Security, the City, and other local agencies. 9. Eqpipment: NSP will assist the (3rd Party) in obtaining the necessary equipment required to perform the HEC's. 10. Reporting Requirement: Each month, the (3rd Party) shall submit an invoice to the NSP Regional Office Representative, in accordance with Section 15 of this Agreement, along with a list of participant names, addresses, account numbers, and the number of renter and low income participants (hereafter called the Audit Summary) and a copy of the Audit signed by the customer. The NSP Regional Office will enter the data and forward the invoice to the NSP General Office for reimbursement to the (3rd Party). The audits, invoice, and Audit Summary should be numbered consecutively form program start to finish for each calendar year. The (3rd Party) is responsible for recording the number of renters and low income individuals, a sample of which is attached hereto and incorporated herein by reference as "Attachment B," on each invoice. In addition, (3rd Party) shall adhere to these and other NSP recordkeeping procedures. as agreed when the program is initiated. The (3rd Party) shall grant NSP reasonable access to any books and records concerning the CEC and any of the funds and activities specified herein. The (3rd Party) shall cooperate with NSP to respond to any requests for information or other relevant orders of the MPUC. 11. Reimbursement Procedure: If audit expenses satisfy the criteria stated herein, NSP shall send a check to the (3rd Party) within 30 days after receipt of the itemized statement. . . 12. Goodwill: The City agrees that each employee, independent contractor, or other person performing any duties required of the City under this agreement shall be instructed to refrain from taking any action that will damage or injure the reputation or goodwill of NSP. Should an event occur that violates this provision, the City and NSP will mutually agree as to appropriate measures to be taken. 13. Indemnity: the city shall defend and hold NSP harmless against any claim, loss, judgement, or liability, whether based on contract or tort liability, arising out of the City's performance or failure to perform under this Agreement provided, however, that this Agreement to indemnify and hold harmless is not a waiver by the City of the limits on liability provided in Minnesota Statutes, Chapter 466, and the City shall not be obligated to indemnify and hold harmless NSP or (3rd Party) in excess of the limits provided therein. NSP shall defend and hold the City harmless against any claim, loss, judgement, or liability, whether based on contract or tort liability, arising out NSP performance or failure to perform under this Agreement. This section shall survive the completion of, or termination of, this Agreement or any breach thereof. 13a. The (3rd Party) shall defend and hold (NSPand the City) harmless against any claim, loss, judgement, or liability to perform under this Agreement, or any claimed aefec~ in supplies or materials provided. This section shall survive the completion of, or termination of, this Agreement or any breach thereof. (3rd Party) shall have the following insurance: (1) Comprehensive General Uability Insurance Policy (including owned and hired vehicles) with a $600,000.00 combined single limit policy which includes protection against personal injury and property damage; (2) Comprehensive Automobile Uability Insurance policy (including owned and hired vehicles) with a $600,000.00 combined single limit policy which includes protection against personal injury and property damage; (3) Workers' Compensation Insurance in accordance with Minnesota laws; and (4) In such insurance policy shall name NSP as an additional insured. A certificate of insurance shall be forwarded to NSP. This section shall survive the completion of, or termination of, this Agreement or any breach thereof. 14. Term: The term of this Agreement shall commence January 1, 1991 and shall continue through December 31, 1992 and then shall continue for successive periods of one year, provided, however, that wither party may, for its sole convenience, terminate this Agreement upon thirty days written notice to the other party. In the event that NSP terminates this contract, the City and the (3rd Party) shall be entitled to recover for all services performed prior to receipt of a notice for terminations, but no amount shall be allowed on unperformed services. 15. All information should be sent by United States mail, postage thereon prepaid. The (3rd Party) shall direct information to appropriate NSP representatives as discussed in the Reporting Requirements section. The correct addresses and telephone numbers are as follows: General Office Coordinator Regional Representative Dale Sullivan (612) 330-6361 Northern States Power Company 414 Nicollet Mall Minneapolis, MN 55401 . . All notices from NSP to the City shall be sent to: Notices from NSP to Shorewood be sent to: City (3rd Party) James C. Hurm City Administrator/Clerk City of Shorewood 5755 Country Club Road Shorewood,:MN 55331 Bruce Larson West Hennepin Human Services Planning Board 4100 Vernon Avenue South St. Louis Park,:MN 55416 All parties shall be entitled to rely and act upon notices sent pursuant to this section. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective duly authorized officers, as of the day and year fIrst above written. mE CITY OF SHOREWOOD By: Title: Mayor By: Title: City Administrator/Clerk 3RD PARTY By: Organization: West Hennepin Human Services Planning Board By: Organization: Self Reliance Center By: Organization: Natural Resources Corporation NORmERNSTATESPOWERCOMPANY By: Title: HENNEPIN OFFICE O.LAJ\II\JING & DEVELOPMEN' Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 (612) 348-6418 August 9, 1991 Mr. Jim Hern City of Shorewood 5755 Country Club Road Excelsior, MN 55331 Dear Jim: Accompanying is a second set of the Year XVII Urban Hennepin County Subrecipient Agreements for execution by the city of Shorewood. As discussed on August 8, 1991, execution of the agreements will be considered by the Council at their August 26 meeting. In that the County Board is scheduled to authorize the Administrator to sign the agreements on August 20 it is requested that the documents be returned to this office on August 27. If there are any questions, please call me at 348-5859. ~~:~kstad Senior Planner LB:dc an equal opportunity emplt 3t HENNEPIN COI . . RESOLUTION NO. -91 A RESOLUTION APPROVING THE SUBRECIPIENT AGREEMENTS 1991 CDBG PROGRAM (YEAR XVII) WHEREAS, the City of Shorewood has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1991 (Year XVII) Urban Hennepin county Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U. S. Department of Housing and Urban Development for purposes of the program, and the City is a sUbrecipient of those funds; and WHEREAS, program regulations require that the City and County execute a Subrecipient Agreement which sets forth the specific implementation processes for activities to be undertaken with program funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City of Shorewood hereby approves the Subrecipient Agreement, County Contract Number A07761, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City CounciL of the City of Shorewood authorize the Mayor and City Administrator to execute said Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 1991. Barbara Brancel, Mayor ATTEST: James C. Hurm City Administrator . . Contract No. A0776l SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "RECIPIENT," and the city of Shorewood, hereinafter referred to as "SUBRECIPIENT," said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH WHEREAS, Recipient has received a Community Development Block Grant (CDBG) entitlement allocationnunder Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community develop- ment activities in cooperation with Subrecipient~ and WHEREAS, $21,307 from Federal Fiscal Year 1991 CDBG funds has been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development activityjies as included in and a part of the 1991 Statement of Objectives and Projected Use of Funds, Urban Hennepin County Community Development Block Grant (CDBG) program and as set forth in the Statement of Work described in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement executed between Recipient and Subrecipient and in the 1991 Statement of Objectives and Projected Use of Funds, Urban Hennepin County CDBG program and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: , 1. The Subrecipient shall expend all or any part of'its CDBG allocation only on those activities identified in Exhibit 1. 2. The Uniform Administrative Requirements, as promulgated in 24 CFR 570.502, shall apply to all activities undertaken by the Sub- recipient provided for in this Agreement or by any program income generated therefrom. 3. The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activityjies. Procurement shall be carried out in accordance with the "Common Rule" provisions (24 CFR 85) (which replace OMB Circular A-102 fbr the purposes of this Agree- ment) , the procurement requirements of the Subrecipient, and all provisions of the CDBG Regulations, 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and . . documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to insure compliance with the above described procurement requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 4. The Subrecipient shall be responsible for carrying out all acquisi- tions of real property necessary for implementation of the activity/ ies. The Subrecipient shall conduct all such acquisitions in its name and shall hold title to all properties purchased. The Subre- cipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said -regulations. The Recipient shall provide advice and staff assis- tance to the Subrecipient to carry out its CDBG-funded activity/ies. 5. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation require- ments of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under section l05(a)(11) of the Act. 6. The Subrecipient shall maintain records of the expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circulars A-87 and the "Common Rule" provisions (24 CFR 85) and in accordance with OMB Circular A~110 and A-122, as applicable. All records shall be made available, upon request of the Recipient, for inspection/s and audit/s'by the Recipient or its representa- tives. . If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non-CDBG sources. Audit pro- cedures are specified below in Section 22 of this Agreement. 7. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient has responsibility to HUD for insuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity/ies which it is implementing. . . 8. a. The Subrecipient does hereby agree to release, indemnify, and hold harmless the Recipient from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. b. The Subrecipient does further agree that in order to protect itself as well as the Recipient under the indemnity agreement provisions hereinabove set forth it will at all times during the term of this Agreement and any renewal thereof, have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an ftmount of not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $600,000 for total p~fsonal injuries arising from one occur- rence. Such policy shall also include contractual liability coverage protecting the Recipient, its officers, agents and employees by a certificate acknowledging this Agreement between the Subrecipient and the Recipient. 9. The Recipient agrees to provide the Subrecipient with CDBG funds in such amounts as agreed upon in this Agreement to enable the Sub- recipient to carry out its CDBG-eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HOD/U.S. Treasury on behalf of a Subrecipient activity/ies, prior to having received a proper Hennepin County Warrant Request form from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to insure that the Subrecipient has complied with the appropriate regulations and requirements. 10. The Recipient shall maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information to the Recipient to accomplish this task. 11. The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to insure compliance with these requirements. 12. The Recipient agrees to provide technical assistance to the Subre- cipient in the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This . . assistance will be provided as requested by the Subrecipient, and at other times, at the initiative of the Recipient, when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 13. The Recipient shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecip- ient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 14. In accordance with the provisions of 24 CFR 85.43, suspension or termination of this Agreement may occur if the Subrecipient materi- ally fails to comply with any term of this Agreement. This Agree- ment may be terminatedfor convenience in accordance with 24 CFR 85.44. This Agreement may be terminated with or without cause by either party hereto by giving thirty (30) days written notice of suc~termination. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 15. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an Amendment to this Agreement signed and approved by the respective parties, governing bodies and properly executed by the authorized representatives of the parties. All Amendments to this Agreement shall be made a part of this Agreement by inclusion in Exhibit 2 which shall be attached at the time of any Amendment. 16. All data collected, created, received, maintained or disseminated for any purposes by the activities of the Subrecipient in the performance of' this Agreement is governed by the Minnesota Govern- ment Data Practices Act, Minnesota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such act now in force or hereafter adopted, as well as Federal regulations on data privacy. 17. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional/sexual preference, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimina- tion. . ._._ >~~'" ,...-_,~....o;.-..,...,......,.",...,.-,- . . 18. The effective date of this Agreement is July 1, 1991. The termina- tion date of this Agreement is December 31, 1992, or at such time as the activityjies constituting part of this Agreement are satisfac- torily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended or uncommitted for the activities described in Exhibit 1. 19. If the Subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: a. The Subrecipient recognizes that it must notify the Recipient of any program income within ten (10) days of the date that such program income is generated. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of GDBG funds used. b. That any such~rogram income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated or may be retained by the Subrecipient, as specifically identified in Exhibit 1. c. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate recordkeeping by the Subrecipient and reporting to the Recip- ient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in estab- lishing an appropriate and proper recordkeeping and reporting system, as required by HUD. d. That in the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-~ut or change in status shall be paid, to Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should close-out or change in status of the Subrecipient occur. 20. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: a. Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; or b. Disposed of in a manner that results in the Recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improve- ment to, the property. . . 21. The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: a. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements including disposition. b. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. c. Any program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the Joint Cooperation Agreement between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 22. The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1984, (U.S. Public Law 98-502) and the implementing requirements of OMB Circular A-128, Audits of State and Local Governments, and, as applicable, OMB Circular A-llO, Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations. a. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecip- ient within six (6) months of the provision date. b. The audit is not required, however, in those instances where less than $25,000 in assistance is received from all Federal sources in anyone fiscal year. c. The audit may not be paid from CDBG funds. d. The Recipient reserves the right to recover, from non-CDBG sources, any CDBG expenses which are disallowed by the audit. 23. The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concern- ing Church/State Activities). . . 24. The Subrecipient shall comply with the Lead-Based Paint notifica- tion, inspection, testing and abatement procedures established in 24 CFR 570.608. 25. The Subrecipient shall be prohibited from rece~v~ng CDBG funds for activityjies subject to this Agreement should it not affirmatively further fair housing within its own jurisdiction or impedes action taken by Recipient to comply with the fair housing certification. 26. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal con~ract, grant, loan, or cooperative agreement. 27. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influ- ence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 28. Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. ;;-- - . . SUBRECIPIENT, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19 ,and pursuant to such approval and the proper County officials having--- signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this will be legally inding. Date: - APPROVED AS TO EXECUTION: Assistant County Attorney Date: COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chairman of its County Board And: Deputy/Associate County Administrator Attest: Deputy/Clerk of the County Board SUBRECIPIENT: CITY OF SHOREWOOD By: Its And: Its Attest: Title The City is organized pursuant to: Plan A Plan B Charter . . Contract No. A0776l SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1. STATEMENT OF WORK The following activityjies shall be carried out by the City of Shorewood under the terms of this Agreement and the details and processes set forth below. Up to $23,362 are to be provided in Urban Hennepin County CDBG funds to the City of Shorewood to assist in the funding of the following activities in tne amount and un~er the stipulations individually specified: Attachment A. Attachment B. #113 #114 Rehab of Private Property Southshore Senior Center-Oper $17,129 6.233 $23,362 . . CDBG YEAR XVII SUBRECIPIENT AGREEMENT ATTACHMENT A 1. ACTIVITY: Rehabilitation of Private Property 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3. NUMBER: 113 4. BUDGET: $17,129 5. BENEFIT: L/M (Housing) 6. DESCRIPTION: Provide grants to eligible low/moderate income homeowners for improvements to their homes consistent with the Urban Hennepin County Procedural Guides for Housing Rehabilitation. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [l Supplemental Agreement Type: Non-Profit Agency Pub lic Agency Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipi- ent. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [Xl Schedule' Activity must be implemented in a timely manner and completed by December 31, 1992. [Xl Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [] Exempt (EX) [l Categorically Excluded (CE) [Xl Categorically Excluded/Exempt (CE/EX) [ ] Assessment Required (AR) [l Funds Released (FR) Date: . . [] Labor Standards/Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended, and the regulations issued pursuant thereto, 41 CFR Part 60. [X] Procurement Standards and guidelines are established in 24 CFRPart 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the _following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used'for procuring professional ,services. [ ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 49 CFR Part 24 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [ ] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy, pursuant to Section I04(d) of the Housing and Community Develop- ment Act of 1974, as amended. . . [] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ] Area Benefit [ ] Limited Clientele [X] Housing [ ] Job Creation or Retention [] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ] Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208 (b)(l). [] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. [] Other Requirements . . CDBG YEAR XVII SUBRECIPIENT AGREEMENT ATTACHMENT B 1. ACTIVITY: Southshore Senior Center/Oper 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3. NUMBER: 114 4. BUDGET: $6,233 5. BENEFIT: L/M (Limited Clientele) 6. DESCRIPTION: Funds will be used for 2aying the salary of the center's coordinator for the period between July 1, 1991 to June 30, 1992. The project will allow for the continuation of the coordinator's services. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [X] Supplemental Agreement Type: [X] Non-Profit Agency SENIOR COMMUNITY SERVICES [ ] Public Agency [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipi- ent. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1992. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [] Exempt (EX) [] Categorically Excluded (CE) [X] Categorically Excluded/Exempt (CE/EX) [ ] Assessment Required (AR) [] Funds Released (FR) Date: . . [] Labor Standards/Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended, and the regulations issued pursuant thereto, 41 CFR Part 60. [] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. [ ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 49 CFR Part 24 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy, pursuant to Section 104(d) of the Housing and Community Develop- ment Act of 1974, as amended. . . . . [] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [] Land Disposition A~reement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFRPart 570.208, relating to: [] Area Benefit [X] Limited Clientele [ ] Hous ing [] Job Creation or Retention [] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [] Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208 (b)(l). [] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. [] Other Requirements . . RESOLUTION NO. -91 A RESOLUTION APPROVING THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY 1991 CDBG PROGRAM (YEAR XVII) WHEREAS, the City of Shorewood is a cooperating unit in the urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a joint cooperation agreement executed between the City and Hennepin County pursuant to MSA 471.59; and WHEREAS, the City has executed a Subrecipient Agreement with Hennepin COUI}ty which allocates $6,233 from the FY 1991 Urban Hennepin County CDBG program for the purpose of supporting the activities of the Southshore Senior Community Services/Operations; and WHEREAS, the City desires to enter into a Third Party Agreement with Senior Community Services to provide such support. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City of Shorewood hereby approves the Third Party Agreement, Urban Hennepin County, CDBG Program, with Senior Community Services, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Shorewood authorize the Mayor and City Administrator to execute said Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of Auoust, 1991. Barbara Brancel, Mayor ATTEST: James C. Hurm City Administrator 3D . . AUG 2 :0('1 IV~ HENNEPIN DATE: July 31, 1991 T(): Brad Nielsen, City of Shorewood FR()M: SUBJECT: Year XVII Third Par X ~nt V';:tL}- eements Accompanying are the Third Party Funding Agreements for all Senior Community Services program receiving Year XVII Urban Hennepin CDBG funding through your community. Upon signature, please return two copies of the document to this office for distribution to Senior Community Services and the project files. If there is any additional informnation I can provide please contasct me at 348-5859. . . THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This agreement made and entered into by and between the CITY OF SHOREWOOD (City) and SENIOR COMMUNITY SERVICES (Provider). WITNESSETH: WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a joint coopera- tion agreement executed between the City and Hennepin County pursuant to MSA 471 . 59, and WHEREAS, the City has executed a Subrecipient Agreement with Hennepin County which allocates $6,233 from the FY 1991 Urban Hennepin County CDBG program for the purpose of supporting the activities as identified in Exhibit 1, attach~d and made a part of this agreement, hereinafter referred to as "activ- ities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1. The Uniform Administrative Requirements in 24 CFR 570.502 issued by the United States Department of Housing and Urban Development (HUD), shall apply to activity. 2. The Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the activity. Procurement shall be carried out in accordance with the OMB Circular A-IIO. The Provider shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to insure compliance with the above described procurement requirements. 3. The Provider shall be responsible for carrying out any acquisi- tions of real property necessary for implementation of activity. The Provider shall conduct all such acquisitions in its name and shall hold title to all properties purchased. The Provider shall be responsible for preparation of all notices, appraisals, and documen- tation required in conducting acquisition under the latest appli- cable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Provider shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. 4. The Provider shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential anti-displacement and relocation assistance plan under section 104(d) of the Housing and . . Community Development Act of 1974 (the Act); the relocation require- ments of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under Section 105(a)(11) of the Act, as pertaining to the activity. 5. The Provider shall maintain records for the expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A-IlO and A-l22, as applicable. All records shall be made available, upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Provider in implementation of activity, and the Provider agrees to provide all information required by any person authorized by the City to request such information from the Provider for the purpose of reviewing the same. 6. The Provider shall take all necessary actions required to implement activity and to comply with any related requests by the City, it being understood that the City has responsibility to Hennepin County for insuring compliance with such requirements. The Provider also will promptly notify the City of any changes in the scope or character of activity. 7. The Provider does hereby agree to release, indemnify, and hold harmless the City from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by the Provider under this Agreement. 8. The City agrees to provide the Provider with CDBG funds in such amounts as agreed upon in this Agreement to enable the Provider to carry out activity. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall therefore make no payment of funds to the Provider and draw no funds from Hennepin County on behalf of Provider, prior to having received from the Provider a request for reimbursement including copies of all documents and records needed to insure that the Provider has complied with all appropriate requirements. 9. The Provider shall maintain the environmental review record on all activities. The Provider shall be responsible for providing necessary information to the Subrecipient to accomplish this task. 10. The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on activity. The Provider shall notify the City prior to initiating activity, including advertising for contractual services which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. . . 11. The City agrees to provide technical assistance to the Provider in the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Provider, and at other times, at the initiative of the City, when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be provided to the Provider. 12. In accordance with the provisions of 24 CFR 85.43, suspension or termination of this Agreement may occur if the Provider materially fails to comply with any term of this Agreement. This Agreement may be terminated for convenience in accordance with 24 CFR 85.44. The Agreement may be terminated with or without cause by either party hereto by giving thirty (30) days written notice of such termination. CDBG funds allocated to the Provider under this Agreement may not be obligated or expended by the Provider following such date of termination. Any funds allocated to the Provider_under - this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the City. 13. Any material alterations, variations, modifications or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement approved by Hennepin County through its Office of Planning and Development and properly executed by the authorized representatives of the parties. All amendments to this Agreement shall be made a part of this Agreement by inclusion in Exhibit 2 which shall be attached at the time of any amendment. 14. All data collected, created, received, maintained or disseminated for any purpose by the Provider in the performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minne- sota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such act now in force or hereafter adopted, as well as federal regulations on data privacy. 15. During the performance of this Agreement, the Provider agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional/sexual preference, public assistance status, ex-offender status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. 16. The effective date of this Agreement is July 1, 1991. The termina- tion date of this agreement is December 31, 1992, or at such time as activity is satisfactorily completed prior thereto. Upon expira- tion, the Provider shall relinquish to the City all program funds unexpended or uncommitted for the activity. . . 17. Any program income as a result of the activity shall be returned immediately to the City upon receipt and the provisions of 24 CFR 570.504 shall apply. 18. Any real property acquired or improved as a result of activity, in whole or in part, using CDBG funds in excess of $25,000 shall either be: a. Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; b. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. 19. The follo~ing standards shall apply to_real property acquired or improved as a result of activity, in whole or in part: a. The Provider shall inform the City at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. b. The Provider shall reimburse the City in an amount equal to the current fair market value (less any portion thereof attribut- able to expenditures of non-CDBG funds) of property acquired or improved as a result of activity that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. 20. The Provider agrees to provide City or Urban County with an annual audit report consistent with OMB Circular A-llO, Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations and OMB Circular A-122 Cost Principles for Non-profit organizations. a. The audit report is to be provided to City on July 1 of each year this Agreement is in effect and any findings of non- compliance affecting the use of CDBG funds shall be satisfied by Provider within six (6) months of the provision date. b. The audit may not be paid from CDBG funds. c. City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. 21. The Provider shall comply with the general condition of 24 CFR 570.200, particularly sections; (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional Prohibitions Concerning Church/State Activities). . . 22. The Provider as appropriate shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures estab- lished in 24 CFR 570.608. 23. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Provider, to any person for influencing or attempt- ing to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 24. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influ- ence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Provider will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Provider, having signed this Agreement, and the City of Shorewood having duly approved this Agreement on , 1991, and pursuant to such approval the parties hereto agree to be bound by the provisions herein set forth. IN TESTIMONY WHEREOF, the parties hereto have set their hands and affixed their seals this ___ day of , 1991. Upon proper execution, this Agreement will be legally valid and binding. CITY OF SHOREWOOD STATE OF MINNESOTA By Mayor and Its PROVIDER: SENIOR COMMUNITY By and Its . . THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1. STATEMENT OF WORK The following activity shall be carried out by the Provider under the terms of this Agreement and the details and processes set forth below: 1. ACTIVITY: Southsore Senior Center/Oper 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3. NUMBER: 114 4. BUDGET: $6,233 5. BENEFIT: L/M (Limited Clientele) 6. DESCRIPTION: Funds will be used for paying the salary of the center's coordinator for the period between July 1, 1991 to June 30, 1992. The project will allow for the continuation of the coordinator's services. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity. [] Supplemental Agreement Non-Profit Agency Public Agency Other An agreement must be executed with any other agency providing a service or implementing an activity on behalf of Provider. Said agreement must contain all pertinent sections contained in Third Party Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1992. "- - . . . . [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [] Exempt (EX) [] Categorically Excluded (CE) [X] Categorically Excluded/Exempt (CE/EX) [] Assessment Required (AR) [] Funds Released (FR) Date: [] Labor Standards/Eaual Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Ac~ and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended, and the regulations issued pursuant thereto, 41 CFR Part 60. [] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. [] Uniform Relocation Assistance and Real Property Acauisition The standards described in 49 CFR Part 24 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. . . [] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy, pursuant to Section 104(d) of the Housing and Community Develop- ment Act of 1974, as amended. [] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period~of five (5) years after the termination of this agreement. [] Land Disposition Agreement This agreement, executed between Subrecipient and Provider, contains the terms under which the provider can acquire and hold land for a specified use and time period. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ] Area Benefit [X] Limited Clientele [ ] Housing [] Job Creation or Retention [] Prevention or Elimination of Slums 'and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ] Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208 (b)(l). [] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. . . MAYOR Barb Brancel COUNCIL Krist; Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 FROM: Mayor and City Council tJv4~ James C. Hurm, City Administrator! - MEMO TO: DATE: August 22, 1991 RE: Resolution Adopting a Paper Procurement Policy for the City of Shorewood staff of the County Recycling office has contacted me to indicate that they do not have a record of our having adopted this resolution which should have been adopted in June, 1990. They reminded me that in order to remain eligible, for funding under the Hennepin County Funding Assistance Policy for recycling, municipalities must adopt a resolution similar to the one passed by the County (Resolution 89-12-962, also attached) no later than June I, 1990. In other words this is a required resolution. all jE A Residential Community on Lake Minnetonka's South Shore . . RESOLUTION NO. -91 A RESOLUTION ADOPTING A PAPER PROCUREMENT POLICY FOR THE CITY OF SHOREWOOD WHEREAS, the city of Shorewood wishes to be in compliance with Hennepin County Solid Waste Master Plan; and WHEREAS, the City's Solid Waste-Source Reduction Plan (Resolution No. 61-91) states that the city will purchase as much paper as possible from recycled stock. NOW, THEREFORE, BE IT RESOLVED that the following paper procurement policy be adopted: 1. The policy of the City will be to use recycled paper containing at least 50% recycled fiber. Exceptions to the policy may be granted after review by the City Administrator. 2. copiers purchased for use by the City shall have the capability of handling two sided coping on recycled paper. 3. All paper utilized in computer printers should be recycled paper including form-fed and laser printers. 4. All one-time-use-only (such as memo paper, telephone message pads and notebook paper) recycled paper. note pads, should be 5. All stationery and business cards should be printed on recycled paper. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 1991. Barbara Brancel, Mayor ATTEST: James C. Hurm City Administrator --- -- - _._._._.._.-_._._..-,...-......--~. -_..---~.-....-._._.,_._.--_. ~ t - \ I ~. " ,... '" HENNEPIN COUNTY ~ J....c i -- . . 01.590 RESOLUTION NO. 89-12-962 The following resolution was offered by Commissioner Johnson. seconded by Commissioner Derus: BE IT RESOL'y"E::J, that t:-:e pape:: procucement policy being implemented by the Bu~eau of Public Se~vi~e is hereby'adopted as the paper proc~rer.lent policy ior all county depart...ilent:o: 1. The policy of the county will be to use recycled paper containinc at l~ast 50~ recycled fiber. E;.:ce~ tion~ t'o the pc.1 icy may be granted a!: ter revie~ by the Recycled Paper ?ask Forc€. 2. Recycled con ten t paper should be used in all con- venience copiers throughout the county for one- sided copying. 3. All paper utilized in co~puter printers should be recycled paper including for~-fed and laser printers. 4. All one-:ime-use-only (s~ch as ~e~o paper, note pads, tele?ho~e aessage pads and notebook paper) should be recycled paper. 5. All stationery and business cards should be printed on recycled paper. 6. Central Services should maintain in-hQuse stocks of papers commonly used by the county with a mini~um of 50~ recycled content ar.d process orders for printing on recycled paper in a routine manner. 7. T~e new contract for convenience copiers should require the capability of handling two-sided eopying on recycled paper. 8. Any ne~ high-speed duplicators to be purchased by the county should be capable of handling recycled paper. B~ IT FURTHER RESOLVED, that in order to remain eligible for funding under the Hennepin County Funding Assistance Policy for recycling, municipalities must adopt the same or s1Milar procedures for paper prucu:e~ent not later than June 1, 1990. DEe 051989 ,. ,- .. HENNEPIN OFFICE ~LANNING & DEVELOPME_ Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 (612) 348-6418 AUG 1 3 lec! IV"""I August 9 1991 Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood MN 55331 Dear Brad: Enclosed is a Satisfaction of Repayment Agreement associated with a housing rehabilitation loan for Ruth Pulvermacher. Ms. Pulvermacher is selling her home and wishes to repay the loan so that the lien can be removed as a cloud on her title. Please have the Mayor and City Administrator execute the document, have it appropriately notarized and then return it to this office in the envelope provided. If you have any questions, please call me at 348-5619. ~~ Jim Graham Senior Planner Encs. HENNEPIN CC an ~qual opportunity ~mp 3F . i~fi~. leOf SATISFACTION OF REPAYMENT AGREEMENT STATE OF MINNESOTA ss COUNTY OF HENNEPIN KNO~ ALL BY THESE PRESENTS, That the undersigned City of Shorewood, a body corporate and politic of the State of Minnesota, having its principal office at 5755 Country Club Road, Shorewood, Minnesota, for a valuable consideration, receipt of which is hereby acknowledged, DOES HEREBY CERTIFY, That a certain Repayment Agreement, bearing date the 31st of October 1989, made and executed by Ruth M. Pulvermacher, as Owner, to the City of Shorewood, as grantor, filed for record in the office of the County Recorder in and for the County of Hennepin and State of Minnesota, and entered as Document #2061178 on the 18th of December 1989, together with the lien provided is, with the indebtedness described in and secured by said Repayment Agreement, fully paid, discharged and satisfied. And th~ County Recorder of said County of ijennepin and the State of Minnesota is hereby authorized and directed to discharge the same upon the record thereof. IN TESTIMONY ~EREOF, The said City of Shorewood caused these presents to be executed in its name by Barbara Brancel its Mayor and by James Hurm its City Administrator, this day of , 1991. CITY OF SHOREWOOD Barbara Brancel, Mayor of the City of Shorewood James Hurm, City Administrator of the City of Shorewood STATE OF MINNESOTA ss COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 1991, by Barbara Brancel, Mayor, and by James Hurm, City Administrator, City of Shorewood, a body corporate and politic of the State of Minnesota, on behalf of the City. Notary Public THIS INSTRUMENT ~AS DRAFTED BY: Hennepin County Office of Planning and Development Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 SATREPAY.AGR . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis . MEMO CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (6121474-3236 TO: MAYOR AND COUNCILMEMBERS FROM: AL ROLEK {2/~' DATE: AUGUST 21, 1991 RE: CONSENT AGENDA ITEM G New Internal Revenue Service regulations will go into effect on September 7, 1991 which relate to reimbursement of certain expenditures from taxable or tax-exempt bonds issued after that date. The City presently has three projects for which it has incurred expenditures paid from the general fund which were intended to be reimbursed from proceeds of bonds scheduled to be issued after September 7. Item G on the consent agenda is a resolution required under the new Internal Revenue Service regulations in order to reimburse the general fund for such expenditures from future bond proceeds. The City Council needs to pass upon this resolution at this council meeting to meet the IRS regulations. Should you have any questions, feel free to call me. 3G A Residential Community on Lake Minnetonka's South Shore . . RESOLUTION NO. A RESOLUTION DECLARING THE OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF TAXABLE OR TAX-EXEMPT BONDS TO BE ISSUED BY THE CITY OF SHOREWOOD WHEREAS, the City followed the procedures set forth in Minnesota Statutes, Chapter 429, and has ordered the construction of the following three improvement projects: a. Water Treatment Plant for Southeast Area Trunk Water System; b. Pine Bend Watermain Improvement; and c. Church Road Improvements; and WHEREAS, in following the statutory procedures the City has advanced funds for engineering, legal, and administrative costs and has incurred costs for legal publications and mailing and has awarded a contract for construction work, and WHEREAS, the monies advanced to these proj ects will be reimbursed to the Ci ty fund accounts which paid these amounts from a bond issue which will be sold in October, 1991, and delivered in November, 1991, and WHEREAS, the Internal Revenue Service has issued proposed regulations (FI-59-89) published in the Federal Register on Apr il 25, 1991, NOW, THEREFORE, BE IT RESOLVED By the City Council of the Ci ty of Shorewood, Minnesota, as follows: 1. The Internal Revenue Service has issued proposed new Treas. Reg. Sec. 1.103-17 (the "Reimbursement Rules") providing that proceeds of tax-exempt bonds used to reimburse pr ior expendi tures will not be deemed spent unless certain requirements are met. 2. The City has incurred certain expenditures since September 8, 1989, and expects to incur certain additional expenditures, all of which may be financed temporarily from sources other than taxable or tax-exempt bonds, and reimbursed from the proceeds of a taxable or tax- exempt bond. 3. The new reimbursement rules will apply to bonds issued after September 7, 1991. 4. The Reimbursement Rules require that the allocation of proceeds of the bonds to be issued to reimburse any expenditures will be made not later than the later of one year after the expenditure was paid or one year after the property was placed in service. . . 5. The expenditures to be reimbursed must have a reasonably expected economic life of at least one year, in that they are, or are to be incorporated in and become a part of, a facili ty, are properly chargeable to or may be capitalized as part of the basis of the facility, and if the City were subject to federal income taxation, would be depreciable over the facility's economic life. 6. Expenditures made between September 8, 1989, and September 7, 1991, may be reimbursed as described in Section 2 herein only if there is objective evidence that, at the time the expenditures were paid, the City reasonably expected to reimburse such expenditures with proceeds of a taxable or tax-exempt borrowing. 7. If any future expenditure to be reimbursed is not made within two years of the date of this Resolution, this Resolution may be updated to the extent such expenditure is still expected to be reimbursed with bond proceeds of a later date. 8. Proceeds of the bonds issued to reimburse the expendi tures described in Exhibit A will be deemed spent only when (a) an allocation entry is made on the books or records of the Ci ty wi th respect to the bonds; (b) the entry specifically identifies an actual expenditure to be reimbursed; and (c) the allocation is effective to relieve the bond proceeds from restrictions on unspent proceeds under applicable documents and state laws. 9. None of the proceeds of the bonds issued to reimburse the City for expenditures will be used (a) to refund another tax-exempt governmental issue or (b) to create or increase the balance in a sinking fund or replace funds used for such purpose, or (c) to create or increase the balance in a reserve or replacement fund or replace funds used for such purposes, or (d) to reimburse an expenditure originally paid with the proceeds of another tax-exempt bond obligation; unless (i) such amounts are deposited in a bona fide debt service fund, or (ii) the original tax-exempt issue was not reasonably expected to be used to finance the expenditure. 10. The City reasonably expects to expend moneys after the date hereof from the sources described in Exhibit A on a temporary basis to pay the expenditures descr ibed in Exhibit A. The City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax-exempt bonds, the debt service for which is expected to be paid from the sources described in Exhibit A. 11. The Ci ty also expended certain moneys between September 8, 1989, and the date hereof from the sources descr ibed in Exhibi t A. At the time of those expenditures, the City reasonably expected to reimburse the expenditures from the proceeds of taxable or tax-exempt bonds, the debt service for which is expected to be paid from the sources described in Exhibit A. Objective evidence of the City's reasonable expectations regarding such reimbursement is summarized in Exhibit B. 12. The City Administrator-Clerk is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the Ci ty Council at . . the earliest practicable date and shall be filed with the official book and records of the City at the times and in the manner provided in Section 13. 13. This resolution shall be maintained as part of the books and records of the City at City Hall, and shall be continuously available during normal business hours of the City on every business day of the period beginning not more than 10 days after adoption of this resolution and ending on, and including, the date of issue of the reimbursement bonds. 14. This Resolution is an express ion of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof.. The anticipated reimbursements set forth at Exhibit A are consistent with the City's budgetary and financial circumstances. No sources other than those described at Exhibit A are expected to be allocated to such expenditures on a long term basis pursuant to the City's budget. The City has not made any allocation, budget, or restriction of moneys or adopted any requirement or policy to reimburse a fund, the pr imary purpose of which is to prevent moneys from being deemed to be available to pay an expenditure the City intends to reimburse with proceeds of a borrowing. 15. This Resolution is intended to constitute official intent for purposes of proposed Tres. Reg. Sec. 1.103-17 and any successor law, regulation or rUling. This Resolution shall be modified to the extent required or permitted by Tres. Reg. Sec. 1.103-17 as finally adopted, or any successor law, regulation or ruling. Approved by the City Council of the City of Shorewood this 26th day of August, 1991. Mayor Attest: City Administrator-Clerk .' -1 ': S~,: ,!!'I:ll OIT """i' ,.. . "", /i:A Schelen (;!"""",;,W',,4 Mayer~n& ~.. '.' ,., 4 Assoaates, Inc. .. East Hennepin Avenue . "~eapolis. MN 55413 612-331-8660 FAX 331-3806 Memorandum . Engineers Surveyors Planners TO: FROM: DATE: SUBJECT: Jim Hurm, City Administrator, City of Shorewood Joel Dresel, City Engineer, OSM & Associates, Inc. August 20, 1991 Final Pay Request Southeast Area Well House Fire We have not yet received the_ referenced bill from Peoples Electric as of this date. However, this memo will serve to summarize the cause of the fire and the steps taken to correct the problem. We will review and forward the.. invoice when it arrives. On July 25, 1991 the automatic dialer in the Southeast area, south of Covington Road notified Munitech of a problem with the well pump. Munitech's technician arrived on the site and opened the door just in time to see a small explosion and resulting fire out of the top of the well controller cabinet, which he was able to put out with a hand-held fire extinguisher. This completely removed the well from service and left the remaining water in the tower as the sole supply to the Waterford area. With the current rate of water use, we could not rely on the tower supply to maintain pressure and fire protection for any length of time. Consequently, we contacted the City of Minnetonka and obtained their permission to open the valve to their supply lines. Minnetonka's service pressure is designed to serve homes at a lower elevation than that of Shorewood's. Therefore, the operating pressure to the southeast area of Shorewood was operating at a reduced level during this period. It is our understanding that the only low- pressure complaints from residents came from the Muirfield Circle, area with regard to their lawn sprinkling system patterns. The Shorewood tower was valved off from the system to hold a reserve supply in case of fire in the area. In addition, the fire department was notified of the reduced operating pressures and Munitech was given the location for the valves to the water tower should a fire occur and the water in the tower become necessary. Consequently, the only water used for the period that the well was out of service came from Minnetonka. Based on the average use for the period of 250,000 gallons per day (gpd), at Minnetonka's agreed upon rate of $1 per thousand, we anticipate that you will receive a bill from the City of Minnetonka for the 5 days of usage in the amount of $1,250. We asked Peoples Electric during the repair to comment on the probable causes for the fire. In addition, we had one of our Electrical Engineers available to look at the damaged control panel and to aid in a solution. It is the opinion of both of these parties that the fire was most likely caused by a loose wire in the controller cabinet. These cabinets are supplied in- 3~ ~ . . Memorandum August 20, 1991 Page 2 tact from the manufacturer and receive no further wiring upon installation. The wire was most likely only slightly loose to begin with. Years of vibration of the well running exacerbated the problem until the resistance became so high in the connection that a fire was started. There is, therefore, no feasible way of preventing such an occurrence in the future, but the probability of it happening again is low. /cmw 0820cgs.jh1 "jl)"'" :;;......_,..................1' Orr v' 'l>'~;'.... -.._ -; --:"-,- .. .'.'\ . .... '.. '. . . Schelen C ','c .11, Mayer~n & . . . Associates, Inc. . East Hennepin Avenue eapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners . cc:t' '""cU Memorandum TO: FROM: DATE: SUBJECT: Jim Hurm, City Administrator, City of Shorewood Joel Dresel, City Engineer, OSM & Associates, Inc. August 20, 1991 Badger Field Pump Repair and Final Pay Request Attached please find an invoice in the amount of $420.40 and a letter dated July 31, 1991 from E.H. Renner & Sons, Inc. for repair of the referenced well. We have reviewed the invoice and the work completed, and recommend payment in the amount requested. On July 29, 1991 Munitech technician arrived at the Badger Field pumphouse and discovered the pump vibrating excessively and shut the pump down. As there is no Shorewood backup or storage available to this water system, we immediately contacted the City of Tonka Bay, isolated the hydro-pneumatic, tank and opened the valve to the Tonka Bay water system. No interruption in service was noticeable to the residents of Shorewood. Upon inspection, it was found that the anti-reverse rachet plate bolt had sheared off and allowed the bearings in the assembly to fly out of the pump. This caused the vibration and rendered the anti-reverse system inoperable. The anti-reverse system simply prevents the motor from running backwards when the pump is shut down between cycles. This type of problem is typical of hydro-pneumatic systems in that the pump must continuously cycle on and off to maintain pressure. This in turn causes excessive wear and tear on all of .the parts until something such as this occurs. Short of connection to a storage reservoir and increased maintenance, there is little that can be done to prevent this type of problem from occurring in the future. /cmw 0820-cos.jh2 Enclosure 3T- l H. Renner B Jons . WELL DRILLING FOR FOUR GENERATIONS 15688 JARVIS STREET N.W. / ELK RIVER, MN 55330 PHONE: (612) 427-6100 / FAX: (612) 427-0533 INCORPORATED JULY 31, 1991 ORR SCHELEN MAYERON & ASSOC., INC. 2021 EAST HENNEPIN AVE. MPLS, MN 55413 ATTN: MR. JOEL A. DRESEL P.E. RE: CITY OF SHOREWOOD BADGER FIELD D.W.TURBINE PUMP SUBJECT: MOTOR REPAIRS INVOICE NO. AMOUNT $ 420.40 DEAR MR. DRESEL: THIS LINESHAFT TURBINE PUMP WAS INSTALLED IN 1981, AND SINCE THAT TIME I HAVE NO RECORD OF SERVICE IN THE LAST 10 YEARS. I RECOMMEND THIS UNIT BE REMOVED THIS FALL AND THE BELOW BASE BE INSPECTED TO DETERMINE IF FURTHER REPAIRS ARE NECESSARY. AFTER INSPECTING THE MOTOR OUR SERVICEMAN FOUND THE RATCHET PLATE BOLTS HAD SHEARED OFF ALLOWING THE RATCHET BALLS TO FLY OUT OF THE NON REVERSE RATCHET ASSEMBLY. 1.9 JULY~, 1991- TRAVEL TO SITE, INSPECT MOTOR, REMOVE BROKEN RATCHET BOLTS, CLEAN RATCHET ASSEMBLY INSTALL NEW RATCHET BOLTS, DRAIN ELECTRIC MOTOR OIL, INSTALL NEW OIL, AND RUN MOTOR. SERVICEMAN 6 1/2 HRS. TOOL & EQUIP.TRK 2 HRS. BOLTS, TURBINE OIL, & SOLVENT TOTAL AMOUNT OF THIS INVOICE AT $45.00/HR AT $50.00/HR L.S. $ 292.50 $ 100.00 $ 27.90 $ 420.40 IF YOU HAVE ANY QUESTIONS PLEASE CALL ME AT (612)427-6100. ~BEST REGARDS. /.? ~ / tp/1 f/~~ I~ RRY ALJETS, SALES ENGINEER E.H. RENNER & SONS, INC. LICENSE # 71015 JA/ds1m 3A/026 An Equ81 Opportunity Employer . . INVOICE ? ::: Q .:.:: - -..J v l H. Renner B Hons WELL DRilLING FOR FOUR GENERATIONS RESIDENTIAL · INDUSTRIAL · MUNICIPAL 15688 Jarvis Street N. W.I Elk River. MN 55330/ (612) 427-6100 INCORPORATED NET 30 1 SALESMAN CUSTOMER ORDER NO. DEPT. NO. OUR ORDER NO. TERMS SOLD TO JOB LOCA TI ON CITY OF SHOREWOOD C/O ORR, SCHELEN, MAYERON AND ASSQC. 2021 EAST HENNEPIN AVENUE CITY OF SHOREWOOD MINNEAPOLIS, MN 55413 BADGER FIELD. D.W. 'l'URRTNF. PUMP ATTN: HR. JOEL A. DRR<:;RT. P R AS PER LETTER DATED JULY 31 1991 TOTAL AMOUNT OF THIS INVOICE IS $420 40 RECEIVED J..l'~l..i._.,;...t""j\;IU!l i" ~::i:iUl THANK VOTT COMM. #'/;;:"')./ hll~ .. ~Q':I - .. -~. . , t t I ....... ,~,"'-( oJ,\.. ""v y fXP,fl / ! .'-" I , I I I I Pay Last Amount This Column j - "- ,-----~ -----_.._--------,._--~-,.._--- ---.---..----- -._----~--~,_-:-:-=.:-~~~=:-.:.:..:...-=..:..::-=-=-==....:.:...:..~- .__.""~ Orr Schelen Mayeron & Associates, Inc. 2-~st Hennepin Avenue ~pOlis, MN 55413 612-331-8660 FAX 331-3806 . Engineers Surveyors Planners Memorandum TO: FROM: DATE: SUBJECT: Jim Hurm, City Administrator, City of Shorewood Joel Dresel, City Engineer, OSM & Associates, Inc. August 20, 1991 Final Pay Request Badger Field Warming House, City Project No. 90-lA We have reviewed the recent construction on the warming house and have found the workmanship to be in general compliance with the plans and specifications prepared by our office. Though we have not received the final pay request from the Contractor, we recommend approval of payment in the amount of $5,100 as stated in the contract, subject to our final review for compliance with the specifications. Mr. Zdrazil will be finishing up the construction on the warming house by re-installing the interior panels and finishing site grading and paving around the outside. The project should easily be completed by the winter skating season. /cmw 0820-cos.jh3 ]J .<i /.'t / .' J /- , / /f . AUG ,. 9 \99\ . CITY OF EXCELSIOR - - . ~~.... ",- 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 TELE: 612-474-5233 OFFICE OF THE CITY MANAGER August 8, 1991 ~r. James C. Hurm City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Mr. David ~allister City Administrator City of Tonka Bay 4901 Manitou Road Tonka Bay, MN 55331 Ms. Sandra Langley City Administrator City of Deephaven 20225 Cottagewood Road Excelsior, MN 55331 Ms. Sandra Langley City Administrator City of Greenwood 20225 Cottagewood Road Excelsior, MN 55331 Dear Administrators: We have just calculated a 1992 Proposed Fire Department Budget for each of the Contract cities. State and Federal firefighting requirements continue to proliferate and add costs to the budget. For your information I have enclosed a copy of my proposed 1992 Budget for the Department. We have calculated your City's Contract amount by determining its' percentage of the area's Gross Tax Capacity - for Fire Suppression - and the percentage of the Fire Marshal's time spent - for inspection and investigation. A table of these figures is also enclosed. The Excelsior Council will review the budgets of all City departments the last two weeks of August, for adoption prior to September 1st. If any changes are forthcoming I will let you know. 3K . . Letter - Fire Dept. Contract cities August 8, 1991 Page 2 We will need to discuss with you soon how capital items of the Department will be purchased in the future. We have just purchased $85,000 of breathing apparatus in order to meet current OSHA and NFPA Standards. A replacement pumper is needed in 1992.- We have been transferring money annually to a truck replacement fund; however, the fund is not growing fast enough to enable us to purchase a truck without financing. I will arrange for a meeting to discuss this soon. Sincerely, // - .L ~~?f~~--?~ GregQry S. withers City Manager GSW:cj Enclosures CITY DEEEPHAVEN EXCELSIOR GREENWOOD SHOREWOOD TONKA BAY TOTALS FUND BALANCE . TAX CAPACITY S5,625.790 2,459,615 1,115.296 7,033,863 2,693.135 S18.927.699 . 1991 BUDGET FIRE SUPPERSSION FIRE INSPECTION &, INVESTIGATION PERCENT Al10UNT PERCENT TOTAL AMOUNT 29.7: S60,760 15.9~ $5.082 $65,842 13.0~ 26.565 42.3: 13,519 $40 I 084 5.9~ 12.046 7.4% 2.365 $14,411 37.2% 75,968 22.4% 7,159 $83,127 14 .2: 29;-087 12.0: 3.835 $32.922 ------------ -------- ------------ -------- --------- ------------ -------- ------------ -------- --------- 100.0: $204.425 100.0% $31.960 S236.385 TOTAL REVISED BUDGET CITY TAX CAPACITY 9.150 S245.535 -------------- -------------- 1992 ESTI~~TED BUDGET FIRE SUPPERSSION FIRE INSPECTION &, INVESTIGATION ----------------- ------------ -------- ------------ -------- --------- -~------------ PERCENT A."10UNT PERCENT AHOl.:NT TOTAL DEEEPHAVEN EXCELSIOR GREEl'1-WOOD SHOREWOOD TONKA BAY TOTALS S6,380.380 2,483,023 1. 250,461 i.909,001 2,906,053 30.5% S66,569 15.9~ S6.013 S72.581 11. 9% 25,906 42.3% 15.997 S41,90.3 6.0% 13.046 j.4~ 2.798 $15.845 37.S% 82.517 22.4':: 8.471 $90.988 13.9~ 30,320 12.0: 4,538 s34.858 ------------ -------- ------------ -------- --------- -------------- S20.928.918 ------------ -------- ------------ -------- --------- -------------- ____________ ________ ____________ __4______ _________ -------------- 100.0~ $218.353 10G.0::: $37.817 S256.175 . CITY OF EXCELSIOR 1992 BUDGET Fire operati. Fund 230 Revenue, Expenditures and Fund Balance I CLASSIFICATION 1989 1990 1991 1991 1992 ACTUAL ACTUAL ADOPTED REVISED PROPOSED Revenues Fire Contracts 202,800 215,000 236,385 ~36,385 256,175 Interest 4,778 4,075 1,500 3,000 2,500 Other 7.444 245 --- 150 --- Total Revenue 215.022 219.320 237.885 1239.535 258.676 Other Financing Sources - Sale of Fix Assets --- 471 --- --- --- Total Revenue and Other Financing Sources 215.022 219.791 237.885 ~39 535 258.675 Expenditures and Other Financinq Sources 219.816 186.692 236 385 [;>45 535 256.175 Increase (Decrease) in Fund Balance ( 4 .794 33.019 1 500 (6 000) 2.500 Fund Balance January 1 31. 546 26.752 29 252 59 851 53.851 Fund Balance December 31 26,752 59,851 30,752 53,851 56,351 . . CITY OF EXCELSIOR 1992 BUDGET Fire Operating 230 Fund Division Dept. 42 200 CODE CLASSIFICATION 1989 1990 1991 1991 1992 ACTUAL ACTUAL ADOPTED REVISED PROPOSED Personal Services 101 Salaries: F/T Fire Marsh. 24,846 21,780 26,250 28,355 28,500 103 Part-Time/Seasonal 1,037 106 Salaries: Firefighters 37,439 38,409 46,620 46,620 48,300 107 Officer's Salaries 10,437 10,938 12,485 12,485 12,985 121 PERA - 1,022 934 1,155 1,280 1,280 122 FICA 1,886 1,707 2,035 2,180 2,185 131 Health Insurance 2,360 2,219 2,475 2,820 3,290 133 Life Insurance 40 33 45 40 40 151 ,Workman's Compensation --- --- --- 11.800 12,685 Total Personal Services 78 030 77 057 91 065 05,580 109,265 Sunnlies 200 k>ffice Supplies 360 300 300 300 212 Fuels/Lubricants 3,391 2,966 3,250 3,250 3,250 217 Clothing 6,619 1,069 7,295 7,295 6,360 220 !General Supplies 5,560 6,185 4,030 4,030 3,705 240 Small Tools 575 1,886 775 775 1,775 241 Fire Prevention Tools 246 1 176 2.300 2 300 2,300 Total Supplies 16 751 13.282 17.950 17.950 17,690 Professional Services 300 Professional Fees 1 032 1 406 6 740 15 890 12,760 Total Professional Services 1 032 1 406 6 740 15.890 12,760 , . . Fire Operating Fund Division Dept. 230 42 200 CITY OF EXCELSIOR 1992 BUDGET CODE CLASSIFICATION 1989 1990 1991 1991 1992 ACTUAL ACTUAL ADOPTED REVISED PROPOSED Other Services & Charqes 321 Telephone/Communications 9,264 10,231 10,575 10,575 9,600 322 Postage 79 158 50 50 50 331 Travel/School/Conferences 5,088 4,354 6,060 6,060 10,075 332 Mileage --- 83 --- --- --- 350 Printing/Publishing - 913 834 400 400 790 360 Insurance 30,688 21,115 23,100 11,300 12,150 381 utilities 1,468 1,356 4,200 4,200 2,200 383 Gas 2,401 1,991 --- --- 2,000 401 Mtce/Repair Building 2,561 1,047 2,700 2,700 1,700 403 Mtce/Repair Other 1,118 221 --- --- --- 404 Mtce/Repair Equipment 13,453 8,767 3,880 3,880 4,200 405 Other Repair 1,221 2,115 4,835 4,835 2,710 412 Rental -Building 4,500 4,500 4,500 4,500 4,500 413 Rental Equipment --- 208 --- --- --- 433 Dues/Subscriptions 837 436 610 610 695 437 Taxes and Licenses 8 --- --- --- --- 439 Contingency --- 422 6,600 3,885 1,595 444 W.A.F.T.A. 1. 241 1.241 1. 245 1. 245 1. 245 Total Other Services & Chgs. 74,840 59,079 68,755 54,240 53,510 Capital Outlay 540 Machinery 1,056 --- --- --- 500 560 Furniture/Fixtures 1,834 1,283 475 475 --- 580 Other Capital 2,273 85 7,400 7,400 6,450 Total Capital Outlay 5,163 1.368 7,875 7,875 6,950 Interfund Transfers 720 Interfund Transfers 44,000 34,500 44,000 44,000 56,000 Total Interfund Transfers 44,000 34,500 44,000 44,000 56,000 TOTAL FIRE OPERATING FUNt 219.816 186 692 236.385 245.535 256.175 . . AUG I 4 1991 CIT)T of lVIOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 August 13, 1991 TO: FROM: RE: ALL FIRE CONTRACT CITIES ED SHUKLE J CITY MANAG ER r), 1992 FIRE CONTRACT BUDGET PROPOSAL Enclosed is the 1992 Fire Contract Budget Proposal. It follows the same format and approach as used since 1982, with the exception that we are now using market value instead of assessed value. Capital outlay is reflected in two major items: 1. Garage ventilation at the fire station 2. Repair of Mack Engine 012 The garage ventilation is required due to OSHA 5205.0200. The standard requires garages that house at least 6 internal combustion power vehicles are to be provided with ventilation capable of removing 0.75 CfM per square foot of floor area and requires exhaust ducts to be not more than 18" from the floor and placed in such a way to remove carbon monoxide gas from the entire garage. An equal amount of tempered fresh air must be provided. Hence, we have included an estimated $12,000 for this repair. In February of this year, Chief Don Bryce indicated to me that the Mack Engine 112 needed to be refurbished. He indicated that the vehicle was damaged from corrosion and repairs to the vehicle were necessary in order for it to continue. The estimated cost of the repair is $70,000. To purchase a new vehicle of this type, the cost is somewhere between $200,000 to $300,000. Hence, we are recommending the repair. As you know, in the 1991 Fire Contract budget proposal, the City of Mound included $40,500 as an amount to be assessed to all of the cities for each of the next 5 years to pay for an estimated $150,000 fire station addition. Earlier this year I notified you that the estimated cost of the fire station addition was revised 1 3"- . . to a more accurate figure of $350,000, a substantial increase from our first estimate. Thus, we did not attempt to pursue the addition in 1991. Since we have $40,500 coming into the City of Mound for the fire station addition, we are proposing to utilize that money plus $30,000 in 1992 funds for the fire truck repair. We will continue to analyze the fire station addition for future years. We have again reviewed the annual increase for the Fire Relief Association. From 1982 until 1990 we have been collecting a 10$ annual increase for this purpose. In the 1991 budget, we reduced the annual increase to 4$. In the 1992 budget, we are again including a 4$ increase. Current Fire Relief Association bylaws call for pension benefits of $395 per month. The fire department is very proud of the quality of their equipment and the service they provide. The City of Mound is proud of having such a dedicated group of individuals who volunteer their time for the safety of all of our citizens in the fire service area. Please review this information and the proposed budget and contact Don Bryce Fire Chief, or myself if you have any questions. cc: Don Bryce, Fire Chief ES:ls 2 . . A - MARKET VALUE 1991 1991 1990 1990 VALUE PERCENTAGE VALUE PERCENTAGE MINNETONKA BEACH 68464400 9.12% 67621200 9.14% MINNETRISTA 84092900 11.20% 79743800 10.78% ORONO 182416100 24.30% 180125700 24.36% SHOREWOOD 14678000 1. 96% 13867300 1. 88% SPRING PARK 65883800 8.78% 67869900 9.18% MOUND 335046000 44.64% 330352100 44.67% --------- --------- --------- --------- 750581200 100.00% 739580000 100.00% B - FIRE & RESCUE CALL HOURS 1991 1989 1988 MINNETONKA BEACH 465 * 4.05% 340 4.29% 435 5.14% MINNETRISTA 1574 * 13.70% 958 12.07% 982 11. 60% ORONO 1169 * 10.18% 1355 17.08% 908 10.72% SHOREWOOD 48 * 0.42% 64 0.81% 96 1.13% SPRING PARK 1539 * 13.40% 778 9.81% 1202 14.19% MOUND 6691 * 58.25% 4439 55.95% 4845 57.22% ------ ------ ------ 11486 * 100.00% 7934 100.00% 8468 100.00% * The total Mutual Aid hours in 1990 was 215 (up 55 from 1989). Each city was allocated 36 hours for Mutual Aid calls. C - COMBINATION OF MARKET VALUE AND FIRE CALL HOURS MARKET 3 YEAR VALUE AVERAGE FINAL PERCENTAGE FIRE CALLS PERCENTAGE MINNETONKA BEACH 9.12% 4.49% 6.81% MINNETRISTA 11.20% 12.46% 11.83% ORONO 24.30% 12.66% 18.48% SHOREWOOD 1.96% 0.79% 1.37% SPRING PARK 8.78% 12.47% 10.62% MOUND 44.64% 57.14% 50.89% -------- -------- ----- 100.00% 100.00% 100.00% -2- . 1992 BUDGET RECAP . OPERATING COSTS CAPITAL OUTLAY (FIRE TRUCK REPAIR) FIREMAN'S RELIEF PENSION TOTAL 1992 FIRE COSTS 1992 COST BREAKDOWN FOR EACH CONTRACTING CITY MINNETONKA BEACH MINNETRISTA ORONO SHOREWOOD SPRING PARK MOUND 322880 322880 322880 322880 322880 322880 x X X X X X 6.81% 11. 83% 18.48% 1.37% 10.62% 50.89% 100.00% TOTAL -3- 221600 30000 69556 321156 ------ ------ 21855 37990 59349 4410 34117 163435 321156 ------ ------ . . 1992 BUDGET BREAKDOWN ---------------- RELIEF FIRE DEPT ASSN TRUCK 1992 1991 BUDGET CONT REPAIR COST COST ------ ------ -------- ------ ------ MINNETONKA BEACH 15080 4733 2042 21855 22664 MINNETRISTA 26213 8228 3549 37990 37717 ORONO 40951 12854 5544 59349 60947 SHOREWOOD 3043 955 412 4410 5400 SPRING PARK 23541 7389 3187 34117 35169 MOUND 112772 35397 15267 163435 160999 ------ ------ ------ ------ ------ 221600 69556 30000 321156 322880 ------ ------ ------ ------ ----- ------ ------ ------ ------ ----- AREA FIRE SERVICE FUND BALANCE BALANCE JANUARY 1, 1991 1991 REVENUES ESTIMATED 1991 EXPENDITURES ESTIMATED 1991 FUND BALANCE 4301 256000 -255500 ADD 1992 REVENUE. LESS 1992 EXPENDITURES PROJECTED BALANCE DECEMBER 31, 1992 4801 251600 -251600 4801 ----- ----- -4- . . AREA FIRE SERVICE FUND RECAP OF COSTS BY CITY 1992 1991 1990 1989 ------ ------ MINNETONKA BEACH 21855 22664 21438 20642 MINNETRISTA 37990 37717 30711 31089 ORONO 59349 60947 52185 53425 SHOREWOOD 4410 5400 5462 5509 SPRING PARK 34117 35169 35120 39552 MOUND 163435 160999 153683 160209 ------ ------ ------ ------ 321156 322880 298599 310426 ------ ------ ------ ------ ----- ------ ------ ------ AREA FIRE SERVICE 170 1EO 1EO 140 1.D 120 110 .... , 100 ~ 90 i ~ a:J 0 .&. t. 70 EO EO 40 .D 20 10 0 t.fl1<A. EEACH MTRIST A 1992 cosrs ORlNO SHOf6tOOO SPRJI'G PARI< MOLNO -5- FIRE DEPARTMEN~ . 4170 --------------- 1989 1990 1991 1992 CODE ACTUAL ACTUAL APPROVED PROPOSED -------- -------- -------- -------- 1370 CHIEF'S SALARY & OFFICER'S PAY 14650 25668 26650 26650 1380 DRILL PAY 7477 7511 8000 8000 1390 MONTHLY SALARIES 50383 68361 60000 60000 2100 OFFICE SUPPLIES 171 282 300 350 2140 COPY MACHINE & FEES 224 262 350 350 2200 OPERATING SUPPLIES 11463 14028 12000 14000 2210 MOTOR FUELS 1996 2935 2400 2500 2230 CLEANING SUPPLIES 315 400 400 400 2270 SAFETY SUPPLIES 881 1307 1500 1500 2280 FIRE PREVENTION (FIRE INSPECTOR) 2470 1166 1500 1500 3140 MEDICAL SERVICES 887 748 500 500 3190 GENERAL MAINTENANCE 12071 14004 14000 14000 3200 PAGERS - FIRE DEPT. 1505 5567 6000 6000 3210 POSTAGE 78 92 150 150 3220 TELEPHONE 1642 1695 2000 2000 3500 PRINTING 109 92 250 200 3600 WORKER'.S COMPo INS. 10700 12136 12600 12800 3610 GEN. LIABILITY INS. 11093 10298 14700 14900 3710 ELECTRICITY 2786 3062 3000 2500 3720 GAS SERVICE 4116 3417 5500 4000 3750 GARBAGE 622 789 800 800 3820 OTHER EQUIP. REPAIR 9500 6827 10000 10000 3830 BUILDING REPAIR 787 4183 3000 4000 3900 RENTALS 5096 7606 3500 4000 3950 RADIO RENTALS 335 370 400 400 -6- FIRE DEPARTMEN. . 4170 --------------- 1989 1990 1991 1992 CODE ACTUAL ACTUAL APPROVED PROPOSED -------- -------- -------- -------- 4100 MISCELLANEOUS 873 742 500 500 4110 CONFERENCES & SCHOOLS 9850 16667 13000 15000 4130 DUES & SUBSCRIPTIONS 2068 2630 2500 2600 5000 CAPITAL OUTLAY 25733 217126 10000 12000 5150 FIRE TRUCK REPAIR 0 0 40500 30000 ------- -----_.- ------- ------- TOTAL 189881 429971 256000 251600 ------- ------- ------- ------- ------- ------- ------- ------- -]- . . 8/21/91 RESOLUTION NO. A RESOLUTION GRANTING A SETBACK VARIANCE TO KEVIN AND GERRY KUESTER WHEREAS, Kevin and Gerry Kuester (Applicant) is the owner of real property located at 5885 Christmas Lake Road, in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as follows: TRACT A, REGISTERED LAND SURVEY NO. 471; and WHEREAS, Applicant is constructing a single-family dwelling on the property, which dwelling meets all setback requirements of the Shorewood City Code; and WHEREAS, Applicant has applied for a variance to construct a circular walkway which extends into the front yard setback area approximately 14.5 feet, a portion of which walkway is elevated as much as 30 inches to bridge a drainage swale in front of the house; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 27 June 1991, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 2 July, 1991, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for a variance was considered by the City Council at their regular meeting on 22 July 1991, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. 3m . . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R-1A single-family residential zoning district and is also subject to the requirements of the "S" Shore land District. 2. That the City Zoning Code requires a fifty foot front yard (street side) setback variance. 3. That Applicant's proposed walkway will encroach approximately 270 square feet into the front yard setback; however, a sidewalk encroachment of 180 feet would be allowable without a variance. 4. That the walkway is designed to bridge a natural swale in the front yard, is elevated as high as 30 inches in some places, and is 6 feet wide (2 feet wider than permitted sidewalk width) to provide security and safety for users of the walkway. 5. That the dwelling itself cannot be relocated on the property due to a 40 per cent slope of the northeast portion of the site. 6. That the proposed walkway cannot be located in any other front yard area, constitutes a reasonable use of the land, and does not have an adverse effect on neighboring properties. . . CONCLUSIONS 1. That Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants Applicant's request for a variance as set forth above. 3. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 1991. BARBARA J. BRANCEL, Mayor ATTEST: JAMES C. HURM City Administrator/Clerk . . MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 20 August 1991 RE: Appeal Notice to Remove - Brian Zubert FILE NO. Property - 28040 Woodside Road Mr. Zubert has appealed for additional time to comply with the notice sent to him on 26 July. He has not, however, stated how much time he needs. It is worth noting that he was badly burned in an accident, which has undoubtedly hindered his ability to take care of the problem himself. It is recommended that the property owner be given 30 days additional time to comply with the notice to remove, starting from 14 August (the date of his appea1letter). He is also notified, by copy of this memo, that the City will clean up the property after 14 September without further notice. cc: Jim Hurm Glenn Froberg Brian Zubert 3N A Residential Community on Lake Minnetonka's South Shore ~, g' .. .'.........;.. c. :.,' l;' ". ": ..~; .- .~..~ . . MAYOR Barb Brancel . COUNCIL Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 DATE: 26 July 1991 TO: Brian M. Zubert 28040 \Voodsioe Road Shorewood, MN 55331 PROPERTY LOCATION: 28040 Woodside Road PROPERTY IDENTIFICATION NO.: 31-117-23-24-0006 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed. from the property includes, but is not limited to the following: U~rr.ICENSED AND/OR L.~OPERA.BLE VEHICLES: Boat trailer (gray) - No License Boat trailer (black) - No License OTHER VIOLATIONS: Burning pile containing tree branches, logs, carpeting, construction debris and miscellaneous garbage and trash (approximately 30 cu. yds.). A Residential Community on Lake Minnetonka's South Shore . . i1! i~ ! If l.-,01, , J .~' ,- - ct I'~ C~ S'f!c/({::~O()..o .5 7s-~ ~Ou0TPJ-I C"LUL3 /)04D 5f!oeEWOOD/ Avt/ 5533) f)E ~ [e;7fe7L f)~D -J~LY Zt,! 9' 9 ! De-If R- 5//2-- / /J7 A D4t-\. ~ . ---;--' A /1/1 !V 0 K/('//V G ON' G e7T//\/ G f -----J-. ..- ,"'. ./'"8 R} r. I "' Y iJ),,' I "" j I, (.....-. 1...-/ \:::, l --/ /(ef?iO LIEf) J 6 LU JVasD / /- --- '1 0' --- -t'"I .- ;)0 !~( i2 J\., _ 0 ~ E:::' J! ;v/ c: J " J iONe Guy' A/fvel2- ~s- W () \j\j eo - j ~ ).//1 v C AN {)/tJ-CA., L I.lv e-u t LA Pc ;1 -((J/ ;1 ,\J i[ ~/ () i J . ,1'l, , ; ""' 'vC . -. . ' ~ -t :J:;(2)A\J j;pb@2;( . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 FROM: Mayor and City Council ~ (1 ai/tv . James c. Hurm, City Administrator t . / MEMO TO: DATE: - August 22, 1991 RE: An Ordinance Amending Title 500 of Shorewood City Code General Health and Safety provisions (Adopt Uniform Fire Code) Fire Marshal Tom Neudahl has brought to our attention that the City has not adopted State of Minnesota Uniform Fire Code. He has drafted an Ordinance which has been reviewed and updated by City staff and the City attorney. A side benefit of the adoption of the Fire Code is that the local Fire Marshal would be able to inspect local school buildings, which our Fire Marshal would like to do on an annual basis. The State which is only required to inspect schools once every three years would allow us to inspect the schools every year only if we have adopted the State Uniform Fire Code. I have asked Fire Marshal Tom Neudahl to be present at the Council meeting should you have any further questions. all s- A Residential Community on Lake Minnetonka's South Shore . . ORDINANCE NO. AN ORDINANCE AMENDING TITLE 500 OF SHOREWOOD CITY CODE GENERAL HEALTH AND SAFETY PROVISIONS THE CITY COUNCIL OF THE CITY OF SHOREHOOD, HINNESOTA, ORDAINS: Section 1. City Code Title 500 is hereby amended by adding a new chapter to read as follows: "CHAPTER 508 UNIFORM FIRE CODE SECTION: 508.01 508.02 508.03 508.04 Adoption of Uniform Fire Code Establishment and Duties of Fire Prevention Definitions Establishment of Limits for Storage of Liquified Petroleum Gas and Flammable Liquids Appeals Establishments of Limits for Storage of Explosives and Blasting Agents Enforcement and Violation 508.05 508.06 508.07 508.01 Adoption of Uniform Fire Code The 1988 Minnesota Uniform Fire Code established under and pursuant to Minnesota Statutes Section 299F.011, including those sections of the rules and regulations of the Fire Marshal Division of the Department of Public Safety denominated as Chapter 7510.3100 - 7510.3280, is hereby adopted as the Fire Code for the City of Shorewood. Such Code is hereby incorporated in this Chapter as completely as if set out. in full. . . 508.02 Enforcement of Code and Establishment of Fire Prevention Bureau Subdivision enforced by established Excelsior. supervision 1. The Minnesota Uniform Fire Code shall be the Bureau of Fire Prevention which is hereby in the Fire Department of the City of The Bureau shall be operated under the of the Chief of the Fire Department. Subdivision 2. The Fire Marshal, appointed by the City Manager of Excelsior on the basis of a qualifying examination, shall be in charge of the Bureau of Fire Prevention. 508.03 Definitions Subdivision 1. Hinnesota. Municipality: The City of Shorewood, Subdivision 2. Fire Harshal. Chief of the Bureau of Fire Prevention: The 508.04 Establishment of Limits for Storaqe of Liquified Petroleum Gas and Flammable Liquids Pursuant to the provisions of Section 79.501 of the Uniform Fire Code 1988, and NFPA No. 58, Storage and Handling of Liquified Petroleum Gases 1986, the following limits are hereby established: The bulk storage of liquified petroleum gas of 1,000 gallon water capacity or more and the bulk storage of flammable liquids in capacity of 1,000 gallons or more in outside aboveground tanks within the municipality is prohibited. 508.05 Appeals Whenever the Chief of the Bureau of Fire Prevention disapproves an application or refuses to grant a permit or when the applicant claims that the provisions of the Code have been misconstrued or wrongly interpreted, the applicant may appeal the decision or order of the Chief of the Bureau of Fire Prevention to the City Council. All appeals must be filed within 30 days from the date of the decision or order. . . 508.06 Establishments of Limits for Storaqe of Explosives and Blastinq Aqents Pursuant to the provisions of Section 77.106(B) of the Uniform Fire Code, the following limits are hereby established: The storage of explosives and blasting agents within the municipality is prohibited. 508.07 Enforcement and Violation Subdivision 1. Enforcement: The Chief of the Bureau of Fire Prevention and the Police Department shall enforce the provisions of this Chapter. Subdivision 2. Violation: Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor." 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 day of 1991. Barbara J. Brancel, Mayor ATTEST: JAMES C. HURN City Administrator/Clerk . . 5/7/91 RESOLUTION NO. 42-91 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR JOHNSON'S FIRST ADDITION w~EREAS, Ronald R. Johnson (Applicant) has an interest in certain land within the City of Shorewood and has applied to the Council for preliminary approval of a plat to be known as Johnson's First Addition; and w~EREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission, dated 28 March 1991, which Memorandum is on file at City Hall; and w~EREAS, a public hearing was held by the Shorewood Pl~nning Commission on 2 April-1991, for which notice was duly published and all adjacent property owners duly notified, the minutes of which meeting are on file at City Hall. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: That the Applicant request for preliminary plat approval of Johnson's First Addition is hereby granted. That such approval is subject to the recommendations set forth in the City planner's Memorandum dated 28 March 1991 and the recommendations set forth in the minutes of he Planning Commission meeting of 2 April 1991 as follows: 1. Front setbacks for the three lots shall be maintained at 35 feet. 2. The resubdivision sketch submitted by the applicant shall be used as a guide for future development of the property and all future divisions shall through the use of formal plats. No development shall be permitted on Outlot A prior to the time it is replatted. 3. At such time as the northwest corner of the property is platted, the applicant shall dedicate the designated wetland portion of the property or provide a drainage and conservation easement over it to the City for protection of the wetland area. 4. Drainage and utility easements 10 feet in width on each side of each side and rear lot line line shall be provided to the City. o '" . . S. Prior to final plat approval, the developer shall provide a detailed grading plan for the three residential lots. Grading and drainage shall be subject to review and approval by the City Engineer and the Watershed District. 6. The homes built on Lots 1-3 shall be designed to fit the sites. 7. The applicant shall pay park dedication fees totaling $2,250. 8. The applicant shall submit to the City a final plat wthin six months of preliminary plat approval, and shall include as part of the final plat, proposed covenants and restrictions for review and approval by the City. Such covenants and restrictions shall be the same as the Declaration of Covenants, Conditions, Restrictions and Reservations for Waterford. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22d day of ".' J - ) - April, 1991. )2:;.: .. )-/;, /. "(0:;- '/1' // / - I_\.. '-'0 ....:'-;i .//1.._ _/ _;..'_ ... __ - ,_.,.:,....,"::.._ /~ ~-....-f_ . Barbara J.Brancel, Mayor~ ... f.TTEST: . I. ~ / ';/ j I ..-, .. ~ : ...1:"10-', \--; (;AjV j,.y'1 )Tames C. Hurm ICity Administrator/Clerk Roll Call Vote: Ayes - Brancel, Daugherty, Lewis, Stover, Gagne Nays - 0 ..., . MAYOR Barb Brancel COUNCI L Krlsti Stover Bob Gagne Rob DaughertY Daniel Lewis . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 20 August 1991 RE: Johnson's First Addition - Residents' Comments FILE NO. 405 (91.07) Staff has met with residents on Waterford Circle to discuss the developer's proposal for the architectural review committee. The residents have since responded by modifying the proposal as shown in the attached copy of Jeff Bonner's letter, dated 18 April 1991. Their modifications are handwritten at the bottom of the page. These changes were referred to Mr. Bonner for his review and comment. To date we have not heard back from Mr. Bonner. The recommendation of the staff is to revise the resolution to include "similar" covenants to Waterford rather than "same" as Waterford. The final language for the covenants can be resolved as part of the final plat for the project. We will update you on any response from the developer at the meeting on Monday night. If you have any questions relative to this matter, please contact either me or the City Attorney. cc: Jim Hurm Glenn Froberg Jack Ocenasek A Residential Community on Lake Minnetonka's South Shore ~r-'G- .J -J 1 "r-rU :10 n'-' ... _~~ ~ .-2")c. ~,lrLLIAMS S"'[F=r Q llnrr __lo.o :], ~LUf~f r ~ lJ ;'[0' I. I..^ ._ I "7/2~/~1 1:51';S$ ~ 612 474 0128 i&~k &~ d~d~ A Plo:OJ'lSilllQI'l.\t. AIlJPoCXll1oTIO/( tWClOlIJ"OnAt~U ^fi .T<lfU{ 11. ~(IN1f)l/l Ht l'_\. JOK.'ll ~. ll(l~Nlill UI6~.1\)OO ,JnJU( }to 1l0~nu:rc. Jll.. l1x:n.ll1:lJ ,)011.... Po BoNNea ill lJnl,oV( "R. ~n;}(8 M.AlIli W. PtUlllY AFtil 16, 1991 6125889875' p, 02 C!T't' - SHO.CO p.e:s 740 I' ~~ 1'~ Ort'fCl{ Cilun'=R ~77ts wJo:ri:Jo'1:.... BOT,lUJ".A.1U) MIN:MBApOLIS, Mnnu:aor.A. OG410 TJ.l~~J,I..DN"Il (61~) l'>.4J1.i)e22 !'.u:.(Ol2) ~4Q..l'OJ Mr. Br~d Nielsen city of Shorewood, 5755 Country Club Rd. chofewood, MN 55331 - ~~~p ~'\-' H\V\ C\ \ \ v ~I _ vi 1'\0/ RS:,JohnSon ~ ?roperty 'Dear Bradt cinC'o o~J:: n\cc~lt'\<; Mond.o.:t e"l'cni1'l'ii I. h<:l.....o no~ hOod ~n ol?1?or;t.un:i,;;.;r ~o fin~llzo dooum~n~~tlon re9~rdin~ th~ ?ropooed coven4nc~ ana re~trie- clons to be imposed ~e~~~din9 the above-cQ?~ioncd pl~~. ncwever, I w~nt the council. to have a.n id.ea a.s ':,0 the ~:t:>e~ of re6tric~ions we f~lt woul~ be acceptable to my client ~o tha~.thel eould n~ le~et eonoidar these on ~ conc~9tu~ Qilzis ~re?arato~y ~o tho meeting scheduled for Af'ril 22, 1901. ~ir~t, we ~re 3~il.l ?re~ared to ~o forwa.~d with a ~ro?ognl ~h~t ~he rropc~tr bo rubJcoted co cpe Wacerfora oovenants and that the pu~oha- ~e~~ of ~h~ F~o~~~~1 bQlon~ to tho W~c~~ford ~~ou~ ~~te~ th= pl~n$ ~na ~~o~ific~tion~ fo: cons~:uc~ion of tha hom~ ~rQ ~?prov~d. ~h~g of CQUrse would bo a~j~ec to the a~ree~cnt Qr a~?rov~~.of the Water=o~~ group. I aoub~ th~t we co~ld ~~tomatiaall~ Join that sroup b1 si~?1 I ~ ele~e.n9 ~o do 60. Prior to conetruction of ~he h~~e on any alto, ~ bQyer or b~llder wuula' b~ rcqul.r:ud to iaH.!.al~y uubmi t tho 1'1anIJ aml cvcoif Lcat.iCo.o to ~iyesco for their revie~l If TrLve6CQ approved of the p~~pe not~tn9 further ~o~Ld oe ~equired. Bow~ver, if Tri~esco did noe a?~~Qve the plo.no or" if 'l'rives~o no lon"er OO"'i'rised the Wo.terford 1U'ct>i~eet;l1r"l control cocrnitte~t the ~l~ns would be subject to revie~ artd a~proval a$ follows! h. My Qlier\b woula degi<;lna.t.o. wit.hin f:i.~G d,,-ya a.n Clrehit:.e~t too ~ I&~rrfl"~ \ revi~w the pl n. rives 0 2! the Arehite~tl1r". control comoitt~I\~r - wou~~ oolCQ~ w1~hin tiv~ d~YS.~~hoa~~O~~d. ~eet ~nQt if ~ two of th~ ~~:ood ~nat. hho ?~~na and epacif!ca.~ion3 called Eo: con~e=uc~lon 0: ~ awell!n~ whLch a6 a=~hitect.ur~lr com- patible or Pr Tlii.~D ~~pe.&~~p-hv'e"S wo()td b-e. S'e!~c:..+e.c! b"( AJ.l ~Lo,..1 ~ r.o:-le o~l.i~ h\J INC. ~T'" S'S'o~ W~..h:~J~d Cv'2.c./c... ~S:'3 s: r.. ,.' s:s:C.S-." ,I S!J1S I~ '3(.0 ft O<<-S\~,Jo,- 8cJdJe-L. , . I . I \ ~! ~ ~e. - -- - _. .-- f,J r L r r ~~~C' ct'l"lr;r \i r Tn T ~ . _ _' , ,,'''"' ..; l C. '- L ," ;"1 U "1 .---.:- __ .... .. 1 FAX ~jO. '0" 1 "h;)SI"l87r' .c..~v;j ... v, 137/2~/~1 1:l13';l ~ 612 ~j4 GIle CITY - SHWOOO P. 03 ?a6 ~UG- 3-91 Trt"U a'n~ ~ I I..;...) .".-;"' . , , I Mr. Srad Nielsen 1\pril 16, 1991 pa96 2 ~lternatively not architecturallY compatible, their decision WQul~ be bin~ing on. all partie" d?~;:-~1:; ~~ M>l-- ~ ~:~ :~.. __.,j:t~~ ~~. _. .~ ,. r.~",~'j "h- ,ian. . ~.--:... ..: l......erd. ~ _- ~?~~s-: Whil$ 1. do not t'elish t.he \;'hou~hl;.. of subjecting an;{one t:o these requirements, ! feel in view of the concerns ~?re8sed they ate d reasonable way of accommodatin9 our neighbor~. 1 wi." however to reiterate the fact that we do not believe that such restrictions could be le~ally required as a condition of tbe platting und~r the current ordinance. with- ~espect to the bal~nce of the i56ues addressed by my sep~rate letter to 1o~ ~ believe they can be covered in conjunction with the d;afting of language on a proposed development agreement. 1 .i~ply ~,sh to make certain that Mr. Johnson has adequate protection with respect to the property so that we do not find ourselves confronted with the claim that we had agreed to matterS which we did not intend to agree to. ~hank you very much for yo~r consideration- J:'B;pq cc; Ronald R. Johnson yOl,lrs., . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 FROM: MAYOR AND COUNCILMEMBERS AL ROLEK ~ AUGUST 22, 1991 TO: DATE: RE: SALE OF $31,000 G. o. STORM SEWER BONDS, SERIES 1991 As you know, the City Council established Storm Sewer Improvement Tax District No.2, Shady Hills Watershed to finance any storm sewer improvements undertaken wi thin that district. Because of the limited size of the improvements, the cost to finance the project through the sale of bonds on the open market is prohibi ti ve. Therefore, it was intended that the project be financed through the General Fund and that the project costs would be refunded to the General Fund from a special levy on the tax district. In order for the city to have a special levy on the district, the city must issue bonded debt for the improvements. After discussing this situation with the City's financial consultant and bonding attorney, the best solution found was for the City to issue the bonded debt and for the City's General Fund to purchase the bonds. The General Fund would then finance the proj ect through this purchase and a special levy on the district to retire the debt would be permissible. The bonding attorney has prepared a resolution for the sale of $31,000 G. o. Storm Sewer Bonds, Series 1991, which is included in the agenda packet for your approval. The City council will need to pass upon this resolution on August 26 in order to certify the levy by the September 1 deadline. Please call me with any questions you may have relative to this issue prior to the council meeting. A Residential Community on Lake Minnetonka's South Shore . . EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF SBOREWoon, HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the Ci ty Council of the Ci ty of Shorewood, Hennepin County, Minnesota, was duly held at the City Hall in said City on Monday, the 26th day of August, 1991, at ____ p.m. The following members were present: and the following were absent: '* . '* '* '* * '* * '* The Mayor announced that the next order of business would be the consideration of bids for the purchase of $31,000 General Obligation Storm Sewer District Bond, Series 1991. The City Administrator-Clerk then presented the proposals which had been prepared for the City Council's consideration. After due consideration of said proposals, Member introduced the fOllowing resolution and moved its adoption: RESOLUTION NO. ____ RESOLUTION AWARDING THE SALE OF $31,000 GENERAL OBLIGATION STORM SEWER BOND, SERIES 1991 J FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING fOR ITS PAYMENT. WHEREAS, pursuant to Minnesota Statutes, Section 444.16 through Section 444.21, the City Council has conducted all necessary proceedings and held the required public hear~in9s to establish a storm sewer improvement tax district, and WHEREAS, Section 444.19 authorizes the City Council to issue general obligation bonds and Section 444.20 authorizes the City Council to levy a tax on all taxable property within the district in an amount necessary to finance the cost of the improvements, and . . WHEREAS, the Council has awarded a contract for construction of improvements in the district and desires to provide funds necessary to finance the improvements, BE IT RESOLVED, By the City Council of the City of ShoreWOOd, Minnesota, as follows: 1. This Council has authorized the issuance of $31,000 General Obligation Storm Sewer District Bond, Series 1991 and has ordered the City Administrator-Clerk to negotiate for the purchase of said Bond on the terms hereinafter set forth. The City Council has received and considered a bid of the general fund in conformity with those terms. 2. The proposal of the Ci ty of Shorewood to purchase $31,000 General Obligation Storm Sewer District Bond, Series 1991 of the City is hereby found to be the best bid recei ved and shall be and is hereby accepted, such bid being to purchase such bond at a price of $31,000 plus accrued interest to date of deli very, such Bond to bear interest at the rate of eight percent (8.00%) per annum. 3. The City of Shorewood shall forthwith issue and sell its General Obligation Storm Sewer District Bond, Series 1991 (the "Bondtl) in the pr incipal amount of $31,000, dated September 1, 1991. The typed, fully registered bond shall be in the denomination of $31,000 with a reducing principal amount as set forth hereafter to be paid annually, bearing interest as hereinafter set forth, all interest payable August 1, 1992, and semiannually thereafter on February 1 and August 1 in each year I and which bond matures on February 1 in the years and amounts as follows: YEAR AMOUNT 1993 $4,500 1994 6,000 1995 6,000 1996 7,000 1997 7,500 The Bond is subject to being called for prior redemption on any date at par and accrued interest. 4. Both pr incipal of and interest on the Bond shall be payable at the office of the City Administrator-Clerk of the City of Shorewood. 5. The Bond shall be in substantially the following form: . . UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF SBOREWOOD GENERAL OBLIGATION STORM SEWER DISTRICT BOND, SERIES 1991 Rate 8.00 % Maturity February 1, 1993 February 1, 1994 February 1, 1995 February 1, 1996 February 1, 1997 $4,500 $6,000 $6 , 00 0 $7,000 $7,500 Date of Original Issue September 1, 1991 KNOW ALL MEN BY THESE PRESENTS that the City of Shorewood, Hennepin County, Minnesota, a municipal corporation, (the City), acknowledges itself to be indebted and, for value recei ved, hereby promises to pay to the City of Shorewood, Hennepin County, Minnesota, or registered assigns, the pr incipal sum of T81RTY ONE THOUSAND DOLLARS, on the matur i ty date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing August 1, 1992, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a- business day) of the immediately preceding month. The interest hereon - and, upon presentation and surrender hereof at the pr incipal office of the Bond Registrar hereinafter designated, the pr incipal hereof are payable in lawful money of the United States of America by check or draft of the City Administrator-Clerk of the City of Shorewood, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained herein and such provisions shall for all purposes have the same effect as though fully set forth hereon. This Bond shall not be valid or become obligatory for any purpose or be entitled to any secur i ty or benef it under the Resolution until the Bond shall have been executed by the City Administrator-Clerk and the Mayor of the City of Shorewood, Minnesota. IN WITNESS WHEREOF, the City of Shorewood, Hennepin County, Minnesota, by its Ci ty Council r has caused this Bond to be executed by the signatures of the Mayor and the City Administrator-Clerk, and has caused this Bond to be dated as of the date set forth below. Dated; September 1, 1991 Ci ty- Adminlst~ator:'cierk--- ---. ----Mayor . . . This Bond is in the aggregate principal amount of $31,000 (the Bond), ~ssued pursuant to a resolution adopted oy the City Council on August 26, 1991, (the Resolution) , to finance the construction and acquisition of storm sewer distr ict improvements, pursuant to Minnesota Statutes, Chapter 444, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. This Bond is payable primarily from the General Obligation Storm Sewer District Bond, Series 1991, Fund (the Bond Fund) of the Ci ty, and the City is required by law to pay matu!: ing pr incipal hereof and interest hereon from any available funds of the Ci ty if moneys on hand in the Bond Fund are insufficient therefor. This Bond is issuable only as a fUlly registered bond. This Bond is subject to being called for prior redemption on any date at par and accrued interest. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City Administrator-Clerk as the Bond Registrar, by the registered owner hereof in person or by its attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or its attorney; and may also be sur rendered in exchange for Bonds of other author ized denominations. upon such transfer or exchange, the City Administrator- Clerk as Bond Registrar will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required_ to be paid with respect to such transfer or exchange. The City Administrator-Clerk as the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City shall not be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required; that the City has levied or will levy ad valorem taxes, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Bond Fund in the manner specified in Minnesota Statutes, Section 475.61; that, in the event of any accumulated or anticipated deficiency in the Bond Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. . . The following abbreviations, when used in the inscr iption in this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UNIF TRANFERS MIN ACT...Custodian.... (Cust) (Minor) TEN ENT - as tenants by the entireties JT TEN as joint tenants with right of survivorship and not as tenants in common under Uniform Transfers to Minors Act --.----.. (State)---- list. Addi tional abbreviations may also be used though not in the above __ -------____._0__- ______._ ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto the within Bona and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed;----. NOTi"ci;---The--asslgnorr S signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. -____ft'____.., _ ____....__ Signature (5) must be guaranteed by a bank or trust company or by a brokerage firm having a membership in one of the major stock e~changes. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided: Name and Address 1Include-information-for-aI~oint owners if the Bond is held by joint account.) PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIl"YING NUMBER OF ASSIGNEE ... --- ... --- -.----.. . --- - ---- ~ . . 6. The Bond shall be issuable only in fully registered form. The interest and pr incipal amount thereof shall be payable by check or draft issued by the Registrar described herein. 7. Dates; Interest Payment Dates. The Bond shall be dated as of September I, 1991. The interest on the Bond shall be payable on February I and August 1 in each year, commencing August 1, 1992, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. S. Registration. The Ci ty shall appoint and shall maintain a bond registrar, transfer agent, and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner in writing, the Registrar shall ~uthenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate pr incipal amount and matur ity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds sur rendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is, presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers Which it, in its judgment, deems improper or unauthorized. . . (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of; or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deli ver a new Bond of like amount, number, maturity date and tenor in exchange and substi tution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which bond the City and the Registrar shall be named as obligees, all pursuant to the provisions of Minnesota Statutes, Sections 475.69 and 475.70. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 9. Appointment of Initial Registrar. The City hereby appoints the City Administrator/Clerk of the City of Shorewood as the initial Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, wi~hout further order of this Ci ty, the Ci ty Administrator-Clerk shall transml t to the Registrar, from the General Obligation Storm Sewer District Bond, Series 1991 Fund described in paragraph 15 hereof, monies sufficient for . . the payment of all principal and interest then due. 10. Preparation and Delivery. The Bond shall be prepared under the direction of the City Administrator-Clerk and shall be executed on behalf of the Ci ty by the signatures of the Mayor and the City Administrator-Clerk, provided that the Mayo( and City Administrator- Clerk's signatures may be facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bond shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained 1n office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different bonds need not be signed by the same representative of the Registrar. The executed certificate of authentication on each bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator-Clerk to the Purchaser upon payment of the purchase price, and the Purchaser shall not be obligated to see to the application of the purchase price. 11. The City Administrator-Clerk shall cause the proceeds of the Bond to be applied for the costs of construction and acquisition of improvements within the storm sewer district. 12. The City will cause its books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any interested person upon request. 13. When the Bond has been discharged as provided in this resolution, all pledges, covenants and other rights granted by this resolution to the holders of the Bond shall cease. The Ci ty may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in ful11 or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to the Bond, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably 1n escrow, with a bank qualified by law as an escrow agent for this purpose, cash or secur it ies which are gene7"al obligations of the United States or securities of United States agenCles which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due hereon to maturity. 14. The Ci ty covenants and agrees wi th the holder from time to time of the Bond that it will not take or permit to be taken by any of its off icers, employees or agents any action which would cause the interest on . . the Bond to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder (the Reglations), and covenants to take any and all actions within its powers to ensure that the interest on the Bond will not become subject to taxation under the Code and the Regulations. The Bond will be designated by the City as a "qualified tax-exempt obligation" for purposes of the Tax Reform Act of 1986. It is also determined that the Bond is not an arbitrage bond and is not a private activity bond. The City does not anticipate issuing tax-exempt obligations in 1991 which will exceed $10,000,000. 15. The Bond shall be payable from the General Obligation Storm Sewer District Bond, Series 1991 Fund hereby created, and the proceeds of ad valorem taxes hereafter levied for the construction financed by the Bond are hereby pledged to said fund. If any payment of pr incipal or interest on the Bond shall become due when there is not sufficient money in said fund to pay the same, the City shall pay such principal or interest from the general fund of the City. 16. To pay the cost of the Bonds, there is hereby levied a direct annual ir repealable ad valorem tax levy agains t all taxable properties in said City, which tax levies shall be in the years and amounts as follows: (year stated being year of levy for collection the following year). YEAR LEVY 1991 $8,414 1992 8,526 1993 8,022 1994 8,568 1995 8,508 It is hereby determined that the estimated collection of the foregoing ad valorem tax levies, will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bond. The City Administrator-Clerk is directed to file a certified copy of this resolution with the County Auditor of Hennepin County, and obtain the certificate required by Minnesota statutes, Section 475.63. 17. The tax levy herein provided shall be irrepealable until the Bond is paid, provided that the City Administrator-Clerk may annually I pr ior to October 10th, certify to the County Audi tor the amount available in the sinking fund to pay pr incipal and interest due dur ing the ensuing year, and the County Auditor shall thereupon reduce the levy collectible during such year by the amount so certified. 18. The officers of the Ci ty are hereby authorized and directed to prepare and furnish to the purchaser of the Bond and to the attorneys approving the same, certified copies of proceedings and records of the Ci ty relating to the Bond and to the financial condi tion and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts \l1ithin their knowledge or as shown by the books and records in their custody and under their control, relating to the validi ty and marketabi Ii ty of the Bond and such instruments, including any . . heretofore furnished, shall be deemed representations of the City as to the facts stated therein. The motion for the adoption of the foregoing resolution was duly seconded by Member ________________________, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. Approved this _ day of _____ ____.____ _.._, 1991. Mayor Attest: Ci ty Admlnistrator:clerk -----,-- . . STATE OF MINNESOTA COUNTY OP HENNEPIN CITY OF SBOREWOOD I, the undersigned, being the duly qualified and acting City Administrator-Clerk of the City of Shorewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular me~ting of the City Council of said City held on August 26, 1991, with the original thereof on file in my office and the same is a full, true and complete transcr ipt thereof, insofar as the same relates to the issuance and sale of $31,000 General Obligation Storm Sewer District Bonds, Series 1991 of the City. WITNESS My hand as such Ci ty Administrator-Clerk and the corporate seal of the City this ___"_ day of ____.____, 1991. .. ----- - ----~... ---- City Administrator-Clerk City of Shorewood (SEAL) . . STATE OF MINNESOTA COUNTY OF HENNEPIN COUNTY AUDITOR'S CERTIFICATE AS TO TAX LEVY AND REGISTRATION I, the undersigned County AUditor of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Shorewood, Minnesota, on August 26, 1991, levying taxes for the payment of $31,000 General Obligation Storm Sewer District Bond, Series 1991, of said municipality dated September I, 1991, has been filed in my office and said bond has been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this _______ day of ._, 1991. COUnty-Auditor Hennepin County, Minnesota (SEAL) By______._.______ Deputy . . RESOLUTION NO. -91 RESOLUTION APPROVING THE 1992 PROPOSED GENERAL, WATER, SEWER, AND RECYCLING FUND BUDGETS AND THE 1991 PRELIMINARY PROPERTY TAX LEVY COLLECTIBLE IN 1992 WHEREAS, staff has presented the proposed General, Water, Sewer and Recycling Fund budgets for 1992, and, WHEREAS, the City Council and Financial Advisory Board have met to review the proposed budget, and, WHEREAS, the City Council must approve and certify its proposed 1992 budget and preliminary property tax levy for 1991, collectible in 1992, to the County Auditor by September 1 of each year, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the following proposed 1992 budgets are approved: General Fund Water Fund Sewer Fund Recycling Fund $2,351,438 162,259 544,451 69,986 2. That a preliminary amount of $2,366,938 will be raised by tax upon the taxable property in the City of Shorewood for 1991, collectible in 1992, for the follow~ng purposes: General Purposes G. o. Water Revenue Bonds G. o. Storm Sewer District Bonds, Storm Sewer Tax District No. 2 Total Property Tax Levy $2,351,438 15,500 8,414 $2,375,452 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 1991. Barbara Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk 1: . . RESOLUTION NO. -91 A RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 1992 GENERAL, WATER, SEWER AND RECYCLING FUND BUDGETS AND THE 1991 PROPERTY TAX LEVY COLLECTIBLE IN 1992 WHEREAS, Minnesota State Law requires local governments to hold public hearings on their proposed budgets and property tax levies, and to publish notice of said public hearing to achieve truth in taxation, and, WHEREAS, the Minnesota Department of Revenue has issued guidelines for local governments to follow in implementing truth in taxation requirements, and, WHEREAS, it is the intention of the City Council to comply with such guidelines, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that a public hearing on the proposed 1992 General, Water, Sewer and Recycling Budgets and the property tax levy for 1991, collectible in 1992, be held on Monday, November 25, 1991, at 7:15 p.m., or as soon thereafter as possible, and be reconvened, if necessary, on Monday, December 2, 1991, at 7:00 p.m., at the City Hall, and that notice of such public hearing shall be published in accordance with Minnesota State Law and guidelines set forth by the Minnesota Department of Revenue. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of August, 1991. Barbara Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk , . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 1 August 1991 RE: Dircks, Robert - Setback Variance FILE NO.: 405 (91.13) BACKGROUND Mr. and Mrs. Robert Dircks have requested a setback variance to build a deck on the rear side of their home located at 5351 Shady Hills Circle (see Site Location map - Exhibit A, attached). The property is located in the R-IC zoning district and was the subject of a previous variance request by Clifford Anderson in 1989. At that time the Council approved a five-foot front yard variance" and a 13 foot rear yard variance to build the existing house (see Exhibit B). The proposed deck measures 16' x 18' and encroaches 20 feet into the required 40 foot rear yard setback area. The applicant's rationale for the variance is explained in his request letter (Exhibit C). Plans for the deck are shown on Exhibits D and E. ANALYSIS/RECOMMENDATION It was mentioned in the previous variance discussion that the subject property is the type of lot for which variance provisions were originally intended. In reviewing this application three factors are considered very significant: 1. The site is characterized by severe topography. The buildable area on the site has a slope of 40 percent, most of which is wooded. A Residential Community on Lake Minnetonka's South Shore /0 . . Re: Dircks, Robert Setback Variance 1 August 1991 2. The lot configuration is extremely shallow. The buildable portion of the lot with the least slope is only 22 feet deep. 3. The property is unique in that the land behind it is virtually unbuildable. Severe topography and designated wetlands make it unlikely that houses will be built to the south of the subject site. It is considered reasonable that the applicant would want some level outdoor recreational area besides the area abutting the street. The proposed location of the deck takes advantage of an area which was already altered during the original construction of the house. Putting it in a different location (e.g. on the east side of the house) could actually result in more trees having to be removed and have a greater impact on surrounding properties. Based. upon the preceding it is recommended that the variance be granted. BJN:ph cc: Jim Hurm Glenn Froberg Robert Dircks - 2 - '" ~.. ~~O() J _.~ .,r. ..:....,; I ..J:.,-;..... 10 (yJ (Ai ,;" , '~ -,s' I ~ \\ ';Q:) 1\ -.;- . J ~ .~.<<- ~. 6 :~ '? ..;\. t. ~ ~ In, .- I - ."'1-. pi' .1 ~ ~........ .0' iI ,.... ~.. t- .~? ClI;. ...; - \)1 ~. ~,~-~\) ~~. ......,~\! ~ ..., , ...~. ~5 ",J,. ,to . i. '" ... 'ot.- '" .., .... ~ .qo .' ... ..... -. '0 '" .,. ll' ~ 0>- 0.... ~ - I&J U ,. .. c:: 5; j....~ 2 _. (38) c;;~ . ~ II. - SOllO 0"_ (:;;;) >- l- I.' ~ ~ .11 '-:l C L C 'X"" 1:) ~ 0i) I_~~" ~ \!i . .::;;::;-""..' ~ (J,:) 2 ..~(:. (~) Part of Lot 26 .\ .10;/ \~,~ Ir 1%1'" W I !~~ 1.8~.~O} !! .....<-:<.. .1- I ! i '\' ~"\~. ;(1 II~ ;! \~~ ~,"~~ - : ~...."" .... '" (IA)4 .. -=~. Zoo 1" i .. '^ ,I '\ ~ (~)~ :~(;/ J&';' /., i IO! I '. I ...,......~:- :'\ .._~- f?)~ir ~ 2 ~ ~ : "'-1 '" ;' ..q;;.\:~ ~ ,.. -,,~ ,i jbF , IO~ \. ...~ic;~(\I.. .,.. I-~-::t "-''': '.""- , 1-- I ,." "- -r- I ~ J - -. . "', 1 :;,:';)0,.: '. . ------ - . I at f ICS " c:: C,;) (1.) J "...1 ~. ',f. ,,) .?,.:> ,. .. 2' :::: ,..- '\ ~J . -- 5~--'-:' .J. Z.: . '" '" laU).,.J..J ~ 3~ . ~= ~ C.-J~. ~= ...._ I ~"Z.5-----:~ (05) .~<.:9'-~ I "'- -l ~";?7~-- -' ~ . ".. :=~ :l.....~ ~ ...}""'. 1t/f.O (5'1) . . I~ 1/) (5~ -'.:1..1...0 ::> ;;J- ~ cP. to:. ::.9.. ~ ':9 ~ /-: ~" ~ . ...,.::. ./ .~ I ~. i ~ , .,./ ......... 2~ .4.0.0' O.a'S ...... ..... . _"e... ~ Newt '" I I A ~;: "ZLX/ ~ ',1 ~ L..-a::oJ ion ..... Exhibit A SITE LOCATION Dircks - setback variance , ,24 ti' n n ):',";1 i flOtal40 g ' 0 ' ,T 9 OFESSIONAL LAND SURVEYORS t it `',', z AND LAND DEVELOPMENT CONSULTANTS . ' ; � A (612) 421 -9126 ' 13621 VINEWOOD LANE DAYTON, MN 55327 TOPOGRAPHIC SURVEY FOR: DUFFNEY CONSTRUCTION CO. DESCRIPTION: Lot 9, Block 4, SHADY MILLS o Denotes Iron Monument Found I 911.o \ S o• - sl -5 .,,f 084 ' • \ \ \ 4n.. 0 4 9 6104.3 5B,S 2 >.Y YI 5D • _ 40- SD • 9 9 1 � \ \ J ..JI iJ \ \ �\ \ 1 \ f5 1 _ - --- �5 ' .0 7 0 \ :y\ \ Z Z.0l 1 / / vie _ - \ \\ \ \ , (L // / �/ ' ";/)''/ ///\ -� 0 liv, _...,),........".7.,,,,,, . / / C t Z r-'- ol ei ` \ / / �` . / / / \ ` .. .... ,o N ° �° . 982. I _\ \ \ \ \ \ \ \ \ \ \ \ 4 \ 7 N \ N- /N. N. • N \ N \ \ N. \ N. \ \ N N N • \ \ g� . \ ■ \ \ \ \p`. ,1j Bench Mark: \ \ ti,\ Top of manhole as shown above. 1 Flow /Top = 11.95 + - \ i \ N. N. \ [xxx.x] Denotes Proposed Final Grades + - \ (] x 9 ¢,, N. PROPOSED SCALE: 1 " =20' TOP FOUNDATION ELEV. 89'8 LOWER FLOOR ELEV. 9 �3 t GARAGE FLOOR ELEV. pp, I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY ' q35. N. I DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL N LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. s DATED THIS 15TH DAY OF DECEMBER, 1988. 124--os�d z- /L 8`f IVe.,is 1'B %y 'Q�,.> C Vo, BY , Minnesota License Nn 17 ?A7 Exhibit B SITE PLAN . . APPLICANTS' STATEMENT OF REASONS FOR REQUEST FOR VARIANCE AT 5351 SHADY HILLS CIRCLE, SHOREWOOD This Statement is submitted in support of the Application of Robert and Roberta Dircks for a variance from the rear yard setback to construct a deck attached to the existing single family residence at 5351 Shady Hills Circle. Applicants believe that an undue hardship would be caused by the literal application of the City's Setback Ordinance and that the variance is justified in order to make reasonable use of Applicants' property for the following reasons: 1. A topographic survey of Applicants' lot prepared by James Kyro and Associates, Inc. is submitted with this Application. As indicated in this survey, the lot is relatively narrow which made it necessary to obtain a variance from the rear yard setback in order to construct the single family residence on this lot approximately two years ago. The narrow shape of this lot constitutes a special condition as specified in Section 1201.05 of the City's Code of Ordinances. The granting of a variance for the original construction of ,the residence on this lot establishes a precedent for the existence of such a special condition. 2. The floor plan of the existing residence is designed to have a deck constructed on the south side of the house, within the rear yard setback area, behind the dinette. Placement of a deck on the east side of the house would not be in keeping with the floor plan and would also require that the existing patio door installed on the south wall of the dinette be removed and a new door opening be made in the east wall of the house. In addition, a deck Exhibit C APPLICANT'S REOUEST LETTER .~ . . constructed on the east side of the house would not offer the privacy of a deck constructed on the south side of the house. The house was originally designed to have a deck constructed on the south side but the previous owners failed to do so when the prior variance was granted. 3. The lot on which Applicants' residence. is constructed slopes very steeply from front to back with approximately 50 feet of difference in elevation from the northwest corner to the southeast corner -of the lot. When the hillside was excavated for - the 'foundation, a relatively level area was created behind the house suitable for installation of footings for the proposed deck. The topography of the lot on the east side of the house is not-as suitable for installation of footings. 4. The special conditions described in the preceding paragraphs were created by the prior owners of this property and not by Applicants. 5. Applicants believe that literal interpretation of the provisions of the City's Setback Ordinance would deprive Applicants of the right to construct a deck on the rear of the house in the location intended in the original floor plan of the house. Backyard decks are a right-commonly enjoyed by similar properties within the City. For the reasons stated above, Applicants believe that they are entitled to a variance from the rear yard setback to construct the proposed deck. In addition, Applicants believe that the proposed variance meets the requirements of Section 1201.05, Subd. 2, a. of the City Ordinance because construction of the proposed deck will not: -2- Exhibit C-2 . . a. Impair an adequate supply of light and air to adjacent property. b. Increase the congestion in the public street. c. Increase the danger of fire or endanger the public safety. d. Diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the City's Ordinance. e. Violate the intended purpose of the City Comprehensive Plan. ,. -3- Exhibit C-3 ~ ;.. ^8 a3ZIN~OO31::1 SiN3l1'l331::1~V 1VS1::l3^ ON . . ! . '---'.-..'-'" "'----. . - -.- ----... . - . -- . r: . ... ~:>.w ct ~--17 '---'-.' ...- .. ..---- -.. ._...~ "'---"'-.. --'..-. - -''''--' --. - . I i H I-i 7- -; .. 3) f) Gfr-.---- --- _. " . _u__ ~~~:~ ~~:~~~1'-j i ~d~f-H--,- --, hJ] (j - ..!~ ,-0 o ~.- r "'---- --. .~ .iL . .2. - -J) x ~ E.... - '-- ,.- I. ~ .. I ~ u_ ~..... z ~, ':) . ')-.~ .......... .... .....-..... --_... . --_..~ '- ____\.I) ..... 9~ - . -/ '.""-- I t. (J (- .d::. (1. "~"~'^_*"_'_"~""'___ r~.... _'_ . .,.__ ._ ---. . \....../ . >. ....-..--.---..-. " ...... =1 . -~ 'r:::: ,/ .~,.. ._..._. -"-".-,.-..- -- .-- '--'-'",_ ..__,...... ~.F.~"_. .._._. -. QQ.. I I .... ...j.,,_...., q I " ---""l--- :'>\'---'- ---- h . ,'" .'\...,'......:\.,_ ~~\=~~:==-~: ':?36' ....././:.- ~~'0;-_... ----'-- '-/~; .. -- ....- . ~ -, '\'<''\''', .-...... '..-./ .~' /', "~'-, '.,'\, ", ,/// /// '~y';''\:: :-:<, j/;. ~~~?2- . - ,.- ':'~''\\:> .\, \ // // /7'" ~ Y-.. ~ .~_..~ ~ -t- "I) ~"\ ..... -~ ........ . '-t- "".. ...-..-.....---.. ---.......r::;....' .~ ~. t--t. ~ ::.~ . - ..s. I .'.--L. k ~- .- OJ ...- .......--.. ...::;2.. ""' ,..... / "- ~"5:: ..>' _.. ~.~~ ~ . .-- t ...... ... ., ~ -t-' ;; . +....., /'... .c..6~ -.z: --. ~) I .-".-..-..--.------.--...-....-....- . ~-- - .-...- ", '.... --~- ----,., Exhibit D DECK FLOOR PLAN a3ZIN~O~3~ SlN3~33~~'v' 1'v'8~3^ ON --a:?0 rIV).} r ?) I) a\-+ ,/7.1 -LJ.}. r.:r3:\~\r1d \ \ 4{."/ 'v/l.~ j/L) '1 Z ~,>:,,~-:"""-;:" . JaseljoJnd-o:J JaseljOJnd ...,......~;, ~.,~~. -'~ .~,...":o'. \-.., ~- \-.' \J 0 o II} X . ~ o ;,:L () -J 1(\ T. - -.9 q. ~. <i. "1 ~ Ii\ ~ ct. ] J:.. _ <t: -?< N ::r C\t '3-~ ~j- . ~ (- ~ ~ 'V. V') \5 g 0 ^8 ^8 ___~I '1.8 -T-r--I--I"l-J;-~"- ! ;......- --! ... f-oi- i I ..--1--1--- ---I --1,--9 -~-- j 'I , ~l _ I ; I .-. ["-r-,nn:~i ---I ; h-+ -I t~I-~I-ji I--T~r-'I--! ---rQrp:'~ " . 1 ~-ri. ~1 ~I 1--).- - r Ji ,-._' . 1 ; To: I ' : . -- 't .---. '- I -. I--j', ~ I ! I ! , , ;---r i I . 1'--[- i .'.----+-_ _i _ ____ J I I i I j---r-'- f I I' .' !--r-',' , : I I , ----. .'... -..). :-4_-1'-_"--,- .-, ...t I I : ! l' --- -..' I - --j - -....1.___....__.._ i i I - -- - . -1- _OJ ---I --i --f'--- -i, '''-j' i I i I: .-. -1--1:----. .~' .- ,--t, -1- .. 1 :; , : I i . : ---'I--l----j ,.--;--,---- ~_L+. ,,,1_,_1 --. . . ._..~----~ . - ~_.-! '/-'-1 ! i: I I 1 '. ....'...-.'j'...--: .... ---';'--I-r--. ---I \..} ......, \-! I i I! I' I i ~\- '~. ~ -; - r-r- --j' '1---1--) ::J '" ...... " ~ - :.--: '-- ;---- .-! "'[i'- -/ -- i ('~ ~ ~ . - :--1. -! -- ,- J - ---I -! I ..J D . ': I I I: . , . !, I I 1 : : ,9'!:::- i~ -1'-" ---,--- 1-/-1 ! : - ":J () -- --1-- l'-f'--j ---! ~ X I: __' __._ ! . ! : ,4,;' .... . -, . i I ; I: l'-....... j I .. A-: 11\ - --' ... i - ;-- --, --I '-L .: I' I : _'\ . !"\ I I ! ;... ' i 'J ~ ~ v,,-- '--r j---i --I ~ ~ \ .,1 ~ ~ -~-'-----r"I'--I--1 --1 j - ~ _..r,: ._ Cl.\ \ ::>. ; ; ~ g ,t. I!.. .. Exhibit E l-.l _:__ .!.,i__.. 1- DECK ELEV ATION , . I I : : i ! . : f 1-.. ...1 __' - ...,1-=--1 . -"-!--'-1"-'~. !"--r- -, . 1'-- -- .~'"7&-" -- :_X ,N : j' I _. ".,' L... I t.-- i ! '__'0:' _.__ I I _~_ I n.,' .,.,. . i i I ! , /II ::r )<( -N I' . 1'\ -- \ 1"'"'. . . ~~~, \~, -' RON & DEE JOHNSON August 3, 1991 5355 Shady Hill Cir. Shorewood, MN 55331 Box 350 Excelsior, MN 55331 Planning Commission City of Shorewood Shorewood, MN 55331 RE: SETBACK VARIANCE REQUEST Regarding "Lot 9, Block 4, Shady Hills" notice of which was published July 24, 1991 by the City. Dear Planning Commission Members: Our property adjoins the property referenced ~n the above captioned matter on the West and on the South. As such, our property is the only property affected by the petition. The petition, if granted, would be the second back yard variance for this same property, substantially eliminating its back yard in reliance on the amenities provided by the presently vacant adjacent property we own. Granting the requested second variance, without conditions reflective of same, thus could be considered an improper taking of our property by the City in part, property which we plan to develop. We do not, however, oppose such variance if made subject to appropriate reciprocal conditions and waivers regardi~g our property. In sum, we wish to avoid a situation where back to back ~ariances are granted to our neighbors who, because of those variances, might later object to reasonable development on our side of the property line. We express our concerns by this letter because over a period of years the City of Shorewood on many occasions has exhibited arbitrary and capricious behavior toward us and our properties. Indeed, we have been advised that such behavior is not sanctioned by any local, state or federal law under the Constitution. Off~cials of the City, however, pledge to uphold the Constitution. In fact, the City is aware that in one such matter, out of total frustration with the City we have now given up talking. After years of talking and on the strong recommendation by our attorneys we have authorized commencement of a lawsuit against the City for $500,000.00 in damages for the City's improper taking of another parcel of our property since 1988. In granting the above captioned request and so as not to again be arbitrary and capricious, the City should require a waiver of certain objections which might be raised regarding further development of our adjoining property. 1 . . For example, we should not in the future be required to provide d buffer zone on our property for a backyard which was substantially varianced out of existence by the City. A ghost concept of one possible future development of part of our property illustrates the point. We once talked about extending our home to the East by an addition to include a garage with door facing the street. If we, or a subsequent owner, decide to do that, one might wish to utilize the topography and incorporate a basement (indoor pool or court) with a walkout on the South end and to the East ~ That could put the walkout yard adj acent to, directly South of and below the elevation of the adjoining backyard referenced in the petition. Alternately, or in conjunction therewith, one might also wish to construct an outdoor pool or a court in the walkout yard. Of course, one would need City approvals which could include some re-platting of the property, all of which we now own. As history proves, we raise no objection to what our neighbors do with their property so long as they raise no objections, beyond that covered by existing ordinances or reasonable variance thereof, as to what we do with our property. Such understanding should be written in any variance ultimately approved by the City regarding the above captioned request. Finally, we note that the City apparently set on the instant matter expeditiously. That is totally different from the way the City treats us. Indeed, one matter pending before the City for over three years was on the agenda for July 22, 1991. We were notified of same. The City Council, however, stood us up. No prior notice of the change was given. Not even a telephone call. Our attorney showed up for naught for the last time only to be informed that the matter was continued because it was inconvenient for an objecting neighbor to attend. That smacks of favoritism and not impartial ordinance administration as pledged. It is, thus, a prov~n fact that, the Ci ty treats certain residents preferentially to the detriment of its other residents. That is what this letter seeks to prevent in the instant matter. Resp~ctfully submitted, RON R. & ri;c:: b~~~nson 2 "( \ ~ . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 31 July 1991 RE: Kruger, Ivan - C.U.P. for Accessory Space in Excess of 1200 Square Feet of Area FILE NO.: 405 (91.14) BACKGROUND Mr. Ivan Kruger proposes to add on to his existing home at 5135 St. A1bans Bay Road (see Site Location map - Exhibit A, attached). His plans include a two-car, tuckunder garage which, when combined with his existing garage, exceeds the 1200 square feet of accessory space allowed for lots in the R-1C district. Consequently, he has requested a conditional use permit to allow more space. The applicant's existing house contains 1024 square feet of area, to which he intends to add 1263 square feet of family room, master bedroom and porch. The addition will connect the house to an existing detached garage which contains 988 square feet. The proposed additions are shown on the applicant's site plan (Exhibit B) and floor plan (Exhibit C). Beneath the new master bedroom, they plan to build a 438 square foot tuckunder garage (see Exhibit D). In total they will have 2287 square feet of dwelling above grade and 1426 square feet of accessory space. ANALYSIS/RECOMMENDATION Accessory space is regulated by Section 1201.04 Subd. 2.d.(4) of the zoning ordinance. This section allows for accessory space to exceed 1200 square feet subject to a number of conditions. Following is how the applicant's request complies with the code: A Residential Community on Lake Minnetonka's South Shore J J .~ . . Re: Kruger, Ivan C. U.P. for accessory space 31 July 1991 a. The total amount of accessory space (1426 square feet) is well under the total area of the principal structure (2287 square feet). b. Total accessory space does not exceed 10 percent of the minimum lot size for the R-1C zoning district (10% X 20,000 = 2000 sq. ft.). c. Despite the increase in accessory space, the applicant's plans integrate the currently detached garage into the principal structure. Since the tuckunder garage only has a single car door, the amount of accessory space appears diminished, particularly as viewed from the street. The overall affect of the project is that the house appears larger and garage space appears lessened. The building complies with all setback requirements for the R-1C district. d. The architecture of the addition is consistent with the existing structure. In discussing the applicant's project with him, he mentioned future plans to add an open- sided, roofed shelter on the north side of the existing garage to store his recreational vehicle. This additional space will contain 364 square feet of area and brings total accessory space to 1790 square feet, still within the limits prescribed by the ordinance. Based upon the preceding it is recommended that the c.u.p. be granted as proposed. It is further recommended that the future R. V. shelter be approved at this time so as to eliminate the need for another public hearing when the applicant is ready to build it. BJN:ph cc: Jim Hurm Glenn Froberg Ivan Kruger - 2 - ~ 94 ..1 /. f)' ART OF ~3 .,.. (9) "'- ~...,. '(81) ~.~ \: 17e. J 4 ~ .. .' . .... . . ll'l $ AlUJlID ~lUJ~ID) 531. S 6_ ( II) ~~'.'" <13 I. 1 :ll'l :;. c // /: l 7 I' :~ ( 12) ~ I .''0 421. I ~-,,'--- .------ ----- ~ 90 (8) OO@ ! ~1 co t: .... ?t ~ yt (;8) ~ LA K.J2. t-I\, ~ "ltto~ K~ "'<.. Exhibit A SITE LOCATION Kruger - C.U.P. - :-,..,-----:----. \-- - ...... "5~'.'2.'b ~ ,/..oo_;?-i3.t"'<l (.: . . L' .~'." '~';~,~i;;.fl:;:~j;~. :t~" , ,.. . ';' . ~:s- ~ '.....l - .... .~ ., _ ;.' . . ~..-::. ',' "/0. M.....:,..:i;:./~:k\.O:<i;~;:' ....~ < .....!.. "t ,."~...i.",."""",, ..~ ARLEIGH C. SMITH '.:. '-::: ":19~"_~ ':;.;::>r.;:~:Wj~:: ~:~.' Registered. Professional Enginecr and. Land. Sun~yor" ') '. ". :'~:~-nr" ;:~f 2030 Sst \Vayzat3. Boulevard WayzJ.ta,'Minnc.sota: '. .....;.f ':'( \ 4 7.(. ~. b9'~ 7;-/ ::;~i . .. ::':..:L.W;~....;r . :: ~<~ .'.~.;.. J ~~.: i.<# 6 -8ey.. ,e-;? F'=:'<c.F:.' ( S/efL.:.:. r.,1liH11 5S,;~:';>~ ~:';f;l ,~ -I' .14 - /5 R L 1<.3 lv' I ,,' V r: T () 1'.1 i:' >~ /Vl.A N (l P,,: . .~.:, ...:J.l'..::.;.~'.,:';. 'UH '. ~X~ ,,,,,:>: t',,:. .1 ".): ;~.y!~ fi.:f.r. .~' ;~. - .,-' .-::' ;,{:.1 ~ , ~... /<. :~~ .-~"""" . _ l- T , ,.,,:. .-. .l~1.", " ., '. 1" . ,;,;,~':" .'phone; GRcenluood :1-8352 1':., . .., .. ~ ; .. .; - - , . // .~.; " r f'~ 1 " PLAT OF'SURVEY \. ", ,..,.- :;. /1! " , , . 1 - OF PROPERTY OF '- .. .. .~. ..... j / .:- ::- described as [allows: ': '-;\'. ~ :-~, ~I?:'~ ~'~'~':(i . Scale: 1 inch..-$_2--!eet. \ " ;,.: ....J . '.~~ .:~.~ ....~.,'. ~}. :"~" :.".:l:~:ff1::!~;i~ - ;. ~;..~., ~- ~t . ;'~':.:: \\ " r. 'tl?: 1 ,,( ;f: {f:~i ....;,i~. .,."1.'1 .l-,.,r',.'.~. ~~:f.'.~ ...l'1;'."": ';:,); 'it '~:i~~ /.:{:n .'; .. .\:'..~ ~'r.~ ,~~ """(~ ~. ~ ~I} ..': t ~ r,'j' !'\~ L:;.U ~.._::.~H ~.' i::- J~ :~ . :f;;:.f r~;;~ ; ::: " .: !.".il ~;J.:~I i'-it '''j .;.'-,;.~ : "'tlt;;:: r.'t: : . ;t\ : :.-.:i; ~ :'. ;l:l :'. J.~'. t r. ~'i ; ~ , ',,' {~ :::.r ::';::t1 <1: .:. ~;.~. ! .~' ~; ',;.y .I.-!.~ . ':f , ''":!.... ~ .? '2 e~8 ~. ~-_.~~ l S . 4-(" 0)8:) ~, 46' ~ ,~? 1 r~'hU~.e.- ~.". ~~t\rt~.- \ '~.\ -('-~(\ '..' ..... '. \ \ " .\J)~~ . . -. ._- ... 1i' ~4\~Pr"Olo~d ~~tio~ ,.. \\J( T u ~ 'tJ..1J't\.d.f. Y'" ~~~Jl,.- .'Z.51.1 . ,,~\"2 :J~r.;i/ . f :'.:'~'.;'f~~} .';:' ~. . ~.. : ' .; .. 'J' ~-1'"'" \ \ , .' . c ~ . .....;. i \ \ \ n;'.'~: " ; . .. .' ~ . -..,' "_..: ; .::J . ~-- t~, -. . ,......... . ".~. '.,. .:,';-.,:.'! .~ .:;' ~:I":_- ~-~~'. .;:~:...~~+ ~.:". :r.;:.;; ';:"~;~"f~i;!:f " '\ " ,': ~ I ,'1 ~ ~ -' ~ ~ 7' .' . . " " ~ . ~ . ~ ..... ." c-" . \ " .' . .( .. , , .. ~ .' ..-' . . . i .~ ...-.: -~.. . \,. .~', . ~": -. :. ~.: , ,'. ~ .~, . CERTIFICATE' OF SURVEY . .,.: :,. .. . ' ,-_ --t . I h~~ebY certify that ~~{~.~~ -' r 'j lo1Q '~-' ':iT surveyed the property de~FfiJled above a~d tbat the ;.;.'iJ abo....e plat'is a correct rep'~entatlon o~ said}utve~..'; :~: CE~TIFICATE OF LOCATION OF BUILDING . . I hereby c:el'tifj' that all 19_ I made a ~urvey of the proposed locntion of the building on the ahove de:;crihcd property and that the locntion oC !;lIid building is correctly shown on the above plat. U-x-' , P liD -6 - .:#-s, Exhibit B SITE PLAN ~ 1 ~t>ri'h -j; ~ > -+ o 4 J:. o c. ~ ~ : f. I f Ilji 'iI' ,: ,. " " l! .f - 2""0. .... '1 . r ! " ~ JI ~! t I., I.., Q- I: ___~',____-_ ~ I -5", , "I. :; '.;<: ~ I ~ z ()" 1< ~ N ~ ~ . ~ ~ ~ !,jo, -: r ,...1 Z. >'1 gpt>c ..,'" " ,j', '-:'-=-::':'--J~"---- m -. I ~ 9:0.... ,...,.. ~ @)!~ / ~ ~'" n ~ ""~. ,'; t"l::E Q ') .:a;"of" -f 0 (\; ;z; 'l. ~ < ..... , >< ~ ~ :: ," r 1/: t,' ...t i' ~ . ":/04;- ! ~~I ~04-' I,IV j ~.. \ l' O. , , " , ~. . :: ~ I (. (" , ~ .J ~ z. . t-t.\p 0- ~ .tIS t" . ~ i : "" ~~ --~ ':z. ~ ';:;Z" 0- '", ". " ^' "'bJg I.; I: , 0-1'> ; ~ I: i ~ I, - r'\.. F ~":; "" ~.;' ..l.c., . I' ~~. -+ I. ... __ PI '. 'I., ~ to \) " )\ ~ ~ ' ~G\; ~:i , I :..\ -[-1;:- ~~i: Ii: ~ .'.~r1 J._/i' r ~Ili- 1 ~ . ,- '-t .~ \"\ ~ P:!: ~. ,. fj;" ;;.~, to. i. @ ~ '" I: !< c~ I ~-I:2t~ (j}a~ ""... :: g~~;!!fJt ~u ii ~Z:Z~~':J '-":t:a~ 'Z I; 'lle~"l~ ~ !. ~~gJ: Q~ I ",r"Slz zen...... i5:ai!:a CO>-i ~ -i;1,"'," ilii 'i <1>> 0 ~~!3: '" iniil (, ,~ ::J ~. ~ !,-}!', I, C'- ~ ~ 7' J~)I:: ~ ---1 ,.,.. r- c~.: ,- . ---- on E ,. nI I; , , Il_J '~d=i }'-l- '-~=-==1 . ....c w. ~~ ~1b .. --' I -v C ,I ...~ r? 6l~.. '" tJi ~~ I '(ll1T\ II.qI1! il I:C J, ~ , - l' ',. . 0',' 'It,;;...., '!..:-.r' ",,;J~:,:~~I'l~':':.~ .t_ , ~ .:..r' :;.....'. "- f<oOF T~II~:;" ~ '" v' I ,> " rn ~I " ii ,. , ~28'-O" .-l 16~" ';-l. , . 0..... I I , I i -r 'l- lJ1 , . o I; 'l.- ....oje: _-n,... ~;:.9 r - ~. Co":;. ) nl - !; 2fit.o I --. ~ \tt -\ x ~i. -' ~ :> ~ ~~ ,. "\ ~ ~ ...,. o . , o. I ! - t - 1 i I ~ " a- Exhibit C OR PLAN MAIN FLO / .20:;'0. 1 1/ ,,I;, " , I' /IIi, I .' /. / ' j : I ,'//' i L.! ,_~ , ~ vi ~/'/ ! 'tf II w z ~ ',:1 I Ii, - i ~i~~,11 ! I -ii ! O~ ?, ~11 i :, ~--c-, :",...-~ -...J~ " I, ~...J~ I I' , ~ -<: g', i _~ I I ' . I ! ' " '.; i i ;,' : .1 I' !: ,I:, ! ' \. '---'-- ~~,., j, .) ~![ - a ;~, :J: Iii I ; I i · I : IlL, ,JW , ,',L, ',..___~I ).1 r- - - - i i :'-. -.:._- I' II, "I! It, "Jrf, Ii ! I I ' , I I : i! I It-ttJ-- -r'--'1:~'\~T;1 ~ -- :J.,_~,: I i' '"i.. ,.-d : ! "i,J + I I \Ii :1:"--] ~, II ~ J_ :; I ! ! J/_ -I ---,' t, _l__~__ --,:-.I,_L; {. W I :'; I'ii II/I ii/I] ~ Ii; I : I I !! I " . ~ \. I Ii r "1--/'; i 1,j-0~~-:_:__L"::;. ~ I 1:-[-- - , ! :1: ',: -<( '-J , I, , I I Ii h'1Ti 1:1 '- i i i I I II ~ : i: -: ~ !: i[' _'d_ J! I: .1'0 ..,~ 'I. ' 'I I !/,l----I ; t t c-;:,t :I'/I'I'i ' '/-T-:: tfJ . I I Ii,; i I I: --"-_ I I i L a.. o c..:> , {r) ., '>l ":2 ~ I . - \) i ..__ I /'-) LJ-J QL &J z - ,- -:z " ~ :;> "' -. , L!./ I !-' z ~ J.L.. f\ .' ..,.. ~ .... " w -., ,- IiI' J I ;1 '<l I' i; ~ Ii I: ! ~ il t i: " !i ~/""\ jl! I!-\\ i Ii t" ~ ,I, II :;. ~ I!: :' .~ ~ __j , I IT' I Ii-d J '0 . ~I ~I ~I '" ~ ~ ,IY Exhibit D BUILDING ELEVATION - FRONT ." " I, ii I, i: Ii' I: I i I j L_I I I I I I I I I I \ \ \ \ ~\ ' -' -: - --t ~ ~ 2. . , i ~ .. , ., ~ ~ w ~ ~ <C ~ -..9 <. t- o/) ><: "-4 I i I..' 11 ' .1 f I I i I I . I I - dl < ... .n , -0 N '" ~~ Ii ~ (J I -~ . I _ _ __ _~_~- -------------t I, \ - - - - - - - - - - - - - - - - - - .'_ .J \ I ..I- I ~ '+ . -f) ;:. . : I .1 - !, ............ -:;; UJ -1 llJ 1- "2. o ~, L1- ~ ~I l...u I- -.J W ~ I - >1 0:::/ ~ I-U 0 ~ , t ::> - I- u ~ ... u.. '..$) ~ Exhibit E FUTURE R. V. SHELTER . . 7/30/91 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1: Section 1201.02, Subd. 19, of the Shorewood City Code is hereby amended by substituting the following definition in place of the existing definition of "Street." "STREET: A public right-of-way or private way serving three or more properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated, which is used, or can be used for travel." Section 2: Section 1201.10 Subd. S.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: (1) Front yard Not less than 50 feet (2) Rear yard Not less than 50 feet (3) Side yard Not less than 10 feet on each side nor less than 50 feet on a side yard abutting a street." Section 3: Section 1201.11 Subd. S.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: (1) Front yard Not less than 40 feet (2) Rear yard Not less than 40 feet (3) Side yard Not less than 10 feet on each side nor less than 40 feet on a side yard abutting a street." Section 4: Section 1201.12 Subd. S.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: ( 1) Front yard Not less than 35 feet (2) Rear yard Not less than 40 feet (3) Side yard Not less than 10 feet on each side nor less than 35 feet on a side yard abutting a street." I~ , . . Section 5: Section 1201.13 Subd. S.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: ( 1) Front yard Not less than 30 feet (2) Rear yard Not less than 3S feet (3) Side yard Not less than 10 feet on each side nor less than 30 feet on a side yard abutting a street." Section 6: Section 1201.14 Subd. S.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: (1) Front yard Not less than 30 feet (2) Rear yard Not less than 40 feet (3) Side yard Not less than 10 feet on each side nor less than 3S feet on a side yard abutting a street." Section 7: Section 1201.1S Subd. S.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: (1) Front yard Not less than 30 feet (2) Rear yard Not less than 30 feet (3) Side yard Not less than 10 feet on each side nor less than 30 feet on a side yard abutting a street." Section 8: Section 1201.16 Subd. S.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: ( 1) Front yard Not less than 30 feet (2) Rear yard Not less than 3S feet (3) Side yard Not less than 10 feet on each side nor less than 30 feet on a side yard abutting a street." Section 9: Section 1201.17 Subd. 5.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: (1) Front yard Not less than 30 feet (2) Rear yard Not less than 30 feet (3) Side yard Not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street." * . . Section 10: Section 1201.22 Subd. 5.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: (1) Front yard Not less than 30 feet (2) Rear yard Not less than 30 feet (3) Side yard Not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street." Section 11: Section 1201.23 Subd. 5.d. of the Shorewood City Code is hereby amended to read as follows: "d. Setbacks: ( 1) Front yard (2) Rear yard (3) Side yard Not less than 30 feet Not less than 30 feet Not less than 20 feet on each side nor less than 30 feet on a side yard abutting a street." Section 12: 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 _ day of , 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk ~ - I MAYOR Barb Brancel _ COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 31 July 1991 RE: Proposed Zoning Ordinance Text A_mendment - Setbacks from Private Roads FILE NO. 405 (Code Chapter 1201) A recent zoning case raised an issue as to how setbacks are measured from private streets. While the definition of "setback" in the zoning ordinance references private streets, the setback requirements in the individual zoning districts reference llublic rights-of-way. Although private roads are highly discouraged for new development, the City has a number of them that existed before current regulations were adopted, and some new ones may be necessary in the future. In this light staff feels it is important to correct the discrepancy within the ordinance. Attached is a proposed'text amendment which addresses this issue throughout the ordinance. The first section redefmes "street" to include private roads serving three or more properties, as well as public rights-of-way. Thereafter each reference to public LO.W. in the various zoning districts is amended to "street". While these proposed changes are viewed as "housekeeping measures", the clarification will make the ordinance consistent with past practice. If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Jim Hurm Glenn Froberg A Residential Community on Lake Minnetonka's South Shore /~ ." J - , .. A PROFESSIONAL ASSOCIATION OF ATTORNEYS FilE COpy C I . I c.,t~,Jt,'...J UI.lA.L.,~.'-~" "" r-" H.EY, THORFINNSON, SCOGce, LUCAS & KALLAS, P.A. MICHAEL T. KALLAS GERALDINE C. STEEN HOWARD L. BOLTER VALORIE E. EDWARDS KENNETH M. ALWIN THE MARQUETTE BANK BUILDING 6640 SHADY OA.K RC"D. SUITE 400 EDEN PRAIRIE. MN 55344 TELEPHONE (6121 941-1040 TELECOPIER (612) 941-8942 HOWARD E. HARVEY ROS"; I.. THORFINNSON JAMES R. SCOGGIN * * THOMAS M. THORFINNSON * ',: I :.....IAM L. ,-tJCAS . LORRAINE TESLOW LEGAL ASSISTANT August 6, 1991 Mr. John Einhorn 5580 Howard Point Road Excelsior, Minnesota 55331 RE: Setback Dispute with City of Shorewood Dear John: This letter is being written at your request to set forth our position on your right to obtain a building permit from the City of Shorewood. This opinion is based upon the following facts: Previously, you had requested a building permit in order to tear down your existing home and build a new home at 5580 Howard Point Road, property that is zoned R-1A. The City Planner said you needed to get a variance for the side lot because the side lot line setback was 42 feet and the requirement was for 50 feet. This variance was supposedly required, since the property faced on a road. This road, Island View Road, is a private access. In addition, the City Planner said a variance was needed for the front lot line, since the front setback was 40.6 feet, not the requisite 50 feet. As a result of these statements from the City Planner, you proceeded in an attempt to obtain variances. The request for these variances was denied. It is our opinion that a variance was not required. To properly understand our opinion, it is necessary to analyze both issues: (1) whether a side lot setback variance is required; and (2) whether a front lot setback variance is required. As to the side lot line, the City of Shorewood ordinance at section 1210.10, subd. 5(d)(3) requires a setback as follows: Not less than 10 feet on each side nor less than 50 feet on a side yard abutting a public right-of-way. Most obviously, since Island View Road is a private access, no variance is required; the setback in your proposed plans being far greater than the 10 feet required. y""j. 8-C,-'1 \ oJ(' tJv ~ ;{I'~l * LICENSED ALSO IN WISCONSIN ~ b-: /)/ )e<t.c/I'~ I C4. ~ . . LICENSED ALSO IN ILLINOIS (/ .- !~ " r HARVEY, THORFINNSON, SCOG., LUCAS 8: KALLAS, P,A. . Letter to Mr. John Einhorn August 6, 1991 Page 2 As to the front lot line, the City of Shorewood ordinances require a setback as follows: a. Not less than 50 feet. 1210.10, Subd. 5(d)(1) b. Where adjacent residential structures within the same block bave front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed that required minimum established within the districts of this Ordinance. 1201.03, Subd. 3.d. As a result of the above absent the existence of adjacent structures, a 50 foot setback is required, necessitating a variance. Fortunately, adjacent structures do exist. The adjacent structure to the north has a 29 foot setback. The structure to the south is setback 50 feet. The average of these two is less than the 40.6 foot setback shown in your plans. Thus, no variance is required. The City Planner apparently feels the existence of the private access, Island View Road, does not allow you to treat the structure to the north of your land as an adjacent structure. The planner argues that this private access is a street, thus causing the structure to the north to be in another block. In the alternative the planner argues that the private access, if not a street, is a separate lot, thus preventing the building to the north from being adjacent. The first argument argues that this private access is a street, thus creating a separate block. It should be noted that the structure to the north is numbered in the same block. In addition the ordinances of the City state as follows: a. Block is defined at 1201.02, Subd. 2 as "That property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or railroad rights-of-way or unsubdivided acreage." . . ",. ,~ HARVEY, THORFINNSON, SCOGcI LUCAS & KALLAS, P.A. . Letter to Mr. John Einhorn August 6, 1991 Page 3 b. street: is defined only by reference "(See Right-of-Way)" 1201.02, Subd. 19. c. Right:-of-Way is defined as "RIGHT-OF-WAY PUBLIC: Any property established for the use of the public for street or highway purposes by any Federal, state, county or local government, by dedication, gift, or statutory user, whether developed or undeveloped, paved or unpaved." 1201.02, Subd. 18. In common usage, the word "street" does not intend to include a private driveway easement, and never has. The City ordinance only defines "street" by reference to another definition, and the only definition applicable, right-of-way public, clearly excludes private access from the definition. It is interesting to note that the definition of block specifically references railroad rights-of-way, yet fails to mention private rights-of-way. Common law rules of interpretation leave a court with no choice but to find that private accesses were not within the contemplation of the ordinance. Finally, the interpretation argued by the planner must fail, since to divide into separate blocks every time a private access comes into play is totally inconsistent with past practices, and would lead to small uneven and misshaped blocks. The second argument, that the private access, if not a street, is a separate lot, thus preventing the building to the north from being adjacent also fails. The ordinance does not talk of adjacent land, but instead adjacent structures. In addition this argument implicitly makes the assumption that ~omehow a private access easement could somehow become a buildable lot: Ludicrous at best. The structure to the north is most obviously the adjacent structure, and will always be just that. Sincerely, HARVEY, THORFINNSON, SCOGGIN, ~~:;;~LAS. P.A. Thomas M. @f:t!!::-- Enclosure TMT\MUN\E0829101.03 . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 FROM: Mayor and City Council Ja~es C. Hurm, City Administrator ~ ~ August 16, 1991- ~ MEMO TO: DATE: RE: Recommendation on architectural firm to design the Public Works facility The selection committee consisted of Administrator Hurm, Public Works Director Zdrazil and Planner Nielsen (the Council Liaison was Bob Gagne). Following proposal reviews and interviews the Public Works Facility Architect Selection Committee recommends EOS Architecture for the following reasons: . Their presentation at the interview was clear, concise and understandable. . Their offices are located in Excelsior and can therefore respond within minutes. . They have a very organized project management system which emphasizes up-front needs analysis and programming. . They have good experience in designing small public buildings. . The City had a good experience with EOS Architecture when they designed the City Hall addition. . Costs their bid is at 5.7% of the base construction estimate. The other firm interviewed was at 7%. For these reasons the recommendation is for the City council to accept the Committee's recommendation and authorize the execution of agreement for architectural services with EOS Architecture. Attachments: Bid Proposals al IJ A Residential Community on Lake Minnetonka's South Shore THE AM E R I CAN -I N S TIT UTE o. ARCHITECTS AlA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION. AGREEMENT made as of the TWENTY SIXTH (26TH) Nineteen Hundred and NinetY .One4 day of AUGUST in the year of BETWEEN the Owner: (Name and address) CitY. of Shorwood 5755 Country Club Road Shorewood, MN 55331 and the Architect: (Name and address) Eos Corporation_ 470 Water Street Excelsior, MN 55331 For the following Project: (Include detailed description of Project, location, address and scope.) Approximately 13,000 square feet public works building located off County Road 19 in the City of Shorewood. Services to include Architectural, Structural Engineering, Mechanical and Electrical Engineering, and Landscape Architecture. The Owner and Architect agree as set forth below. Copyright 1917,1926, 1948,1951, 1953, 1958, 1961,1963, 1966, 1967,1970,1974,1977,@1987byTheAmericanlnstitute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without v,'ritten permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA" · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1987 1 . . TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, SChematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AlA Document AZOl, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VE.1I/UE, N .W., WASHINGTON, D.C. 20006 B141.1987 2 . 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modilled by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certillcate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or COntinuous on-site inspections to check the quality or . quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Con tract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. 3 8141.1987 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION. AlA- . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006 . 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response ,to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tiC effect shall be fmal if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or pan of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unless otherwise agreed. . 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely marmer. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is pany thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AlA DOCUMENT 8141 · OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, ) 735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1987 4 . 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities; systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuatiOns and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the fmal Certificate for Payment, or in the absence of a fmal Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise induded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. . 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that fmancial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 B141-1987 AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlAIO . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 . ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such flxed limit has been agreed upon in writing and signed by the parries hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the flxed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or flxed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a flxed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fIXed limit; .2 authorjze rebidding or renegotiating of the Project within a reasonable time; . .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fIXed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fIXed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, SpecifIcations and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permiued to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 AR81TRA TION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parries mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other parry to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, AlA DOCUMENT 8141 · OWNER.ARCHITECT AGREEMENT' FOURTEENTH EDITION' AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 8141-1987 6 . except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be fmal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before orduring the predesign, site analysis, or Schematic Design Phases; or . .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AlA Document A20 I, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20I, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless othenvise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of 7 B141-1987 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 . the spedfic information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defmed as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Spedfications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 E),,-pense of renderings, models and mock -ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used in connection with the Project. . 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. . 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of N I A Dollars (5 shall be made upon execution of this Agreement and credited to the Owner's account at fmal payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples Or percentages, and identify pbases to u'bicb particular metbods of compensation app~l', if necessary.) Hourly, with a sum not to exceed Thirty Seven Thousand Dollars ($37,000). AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOlJRTEE/I.'TH EDITION. AlAI> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 8 . . 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional pbases as appropriate.) The Monthly invoices will show work tasks and hourly rate summaries. Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: percent (15 %) percent (20 %) percent (40 %) percent ( 5 %) percent (20 %) one hundred percent (100%) Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: Principal $ 85.00 Per Hour Design Tech III $ 48.00 Per Hour Architect III $ 75.00 Per Hour Design Tech II $ 40.00 Per Hour Architect II $ 65.00 Per Hour Design Tech I $ 34.00 Per Hour Architect I $ 55.00 Per Hour Clerical $ 28.00 Per Hour Computer $10.00 - 28.00 Per Hour 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be computed as follows: (hlsert basis of compensation, including rates and/or mulliples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific senJices to wbicb particular metbods of compensation apply, if necessary.) Principal $ 85.00 Per Hour Design Tech III $ 48.00 Per Hour Architect III $ 75.00 Per Hour Design Tech II $ 40.00 Per Hour Architect II $ 65.00 Per Hour Design Tech I $ 34.00 Per Hour Architect I $ 55.00 Per Hour Clerical $ 28.00 Per Hour Computer $10.00 - 28.00 Per Hour 11.3.3 FOR ADDITIONAL SERVICES OF CONSUL T.-\NTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( 1. 10 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, If required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of 1 . 10 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within (18 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable Thirty 30 ) days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under tbe Federal Trutb in Lending Act, similar state and local consumer credit laws and other regulations attbe Owner 's a~ Arcbi- tect's principal places of business, tbe location of tbe Project and elsewbere may affect tbe validity of tbis provision. SpecifiC legal advice should be obtaIned Wltb respect to deletions or modifications, and also regarding requirements sucb as wril/en disclosures or wail1ers.) 9 8141.1987 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlAe · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 . , . . 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other sen'ices, identify Additional Sen'ices induded witbin Basic Compensation and modifications to the payment and compensation terms included in tbis Agreement.) 12.1 The following optional additional services shall be included within basic compensation. 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.9 (Amended to read) Providing services in connection with the work of a separate consultant retained by the client. 3.4.19 (Amended to read) Providing services of a Landscape Architect. 10.2.1.6 Delete in entirety. This Agreement entered into as of the day and year first written above. OWNER City of Shorewood ARCHITECT Eos Corporation ~~ (Signature) (Printed name and title) J. Nicholas Ruehl, President (Printed name and title) AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA- . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 10 . . 8/21/91 CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT THOMPSON ADDITION THIS AGREEMENT, made this ____ day of , 1991, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and Charles P. Thompson, hereinafter referred to as the "Developer". WHEREAS, the Developer is the fee owner of certain land described in Exhibit A, attached hereto and made a part hereof, which land is hereinafter referred to as the "Subject Property"; and WHEREAS, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development plat of said land, said plat to contain approximately 3.4 acres divided into 3 lots, and to be known as Thompson Addition; and WHEREAS, the City Council by its resolution No. 59-91 passed on June 10, 1991, has approved the preliminary plat of the subject property; and WHEREAS, the the Developer has made application to the City to be allowed at Developer's expense to construct a private street and cul-de-sac, and underground electric, gas and telephone service lines to all'lots, all of the foregoing hereinafter sometimes referred to as improvements. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of Thompson Addition, attached hereto and made a part hereof as Exhibit B, the City and the Developer agree as follows: 1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at his expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of a private street and cul-de-sac, including grading, stabilizing and surfacing consisting of 6" class 5 base 100% crushed quarry stone. /4 . . It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 2. SCHEDULE OF WORK. All work set forth in paragraph 1 herein shall be performed within one year from the date hereof or prior to the issuance of building permits for lots 1 and 3, whichever first occurs. 3. PRIVATE STREET. a. Private Street and Cul-De-Sac. It is understood that although the private street and cul-de-sac may be partially over platted public street right-of-way, it shall be maintained solely by the Developer or his successors in interest, including the appropriate homeowners association and will not be accepted or maintained by the City until such time as it is brought up to C~ty standards for public streets. b. Easements. Developer, at his expense, shall acquire all easements from abutting property owners necessary to the installation of the private street and record such easements with the Registrar of Titles or County Recorder. c. Pre-existinq Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 4. FINAL INSPECTION. Upon completion of the private street and cul-de-sac set forth in paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work has been completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall give final approval to the improvement. 5. RESTORATION OF STREETS, PUBLIC FACILITIES AND PRIVATE PROPERTIES. The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. -2- . . 6. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 12 below. All costs charged to the Developer shall be itemized identifying person, task, time, date, and at-cost rate. 7. LETTER OF CREDIT. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, -shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The said deposit or letter of credit may be reduced in amount at the discretion of the City upon acceptance by the City of the various individual improvements but in no event shall such letter of credit be reduced to an amount less than 100% of the total cost of said improvements. At such time as all of the improvements have been accepted by the City, such,letter of credit may be replaced by a maintenance bond. 8. LIABILITY INSURANCE. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. -3- . . Prior to commencement of construction of the improvements described in Paragraph 1 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 9. LAWS. ORDINANCES. REGULATIONS AND PERMITS. Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before commencing development of the plat. 10. SEWER ASSESSMENTS. The original assessments against the property for sanitary sewer were for 3 "Cn units, in the amount of $6,956, which amount has been paid in full. No additional sums are due as a result of this subdivision. 11. PARK FUND PAYMENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $1,500.00 for the Park Fund. 12. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 To the Developer: Charles P. Thompson 5260 St. Albans Bay Road Shorewood, MN 55331 -4- . . 13. PROOF OF TITLE. Developer shall furnish a title opinion or title insurance policy addressed to the City guaranteeing that Developer is fee owner of the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. 14. DISCLAIMER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 15. DURATION OF AGREEMENT. This Agreement shall remain in effect for a period of one year following the City Engineer's approval of the improvements set forth in paragraph 1. 16. REMEDIES UPON DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special -5- . . assessment within the time prescribed herein, the City hall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (1) the cost of completing the construction of the improvements described in Paragraph 1 above. (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. c. Leqal Proceedinqs. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 17. HEADINGS. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 18. SEVERABILITY. In the event any provisions of this Agreement shall.be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. -6- . . 19. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 20. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 21. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF SHOREWOOD CHARLES P. THOMPSON Developer BARBARA J. BRANCEL Mayor ATTEST: JAMES C. HURM City Administrator/Clerk -7- . . STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this ____ day of , 1991, before me, a Notary Public within and for said County, personally appeared Barbara J. Brancel and James C. Hurm, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Barbara J. Brancel and James C. Hurm acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this ___ day of , 1991, before me, within and for said County, personally appeared Charles P. Thompson, to me personally known, who is the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public -8- . . EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Lot 6, St. Albans Bay Heights, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Lot 7, St. Albans Bay Heights, Hennepin County, Minnesota. -9- Orr : Schelen :/ L Mayer~n & . Co , e;' AssocIates, Inc. 20.- st Hennepin Avenue Mi polis, MN 55413 612-331-8660 FAX 331-3806 Engineers Architects Planners Surveyors .- August 20, 1991 To: James Hurm, City Administrator From: Joel Dresel, City Engineer RE: Pine Bend watermain Extension Bid Tabulation City Project 91-11 OSM Comm. No. 4775.10 Attached please find the bid tabulation, extension of bids, and proposed assessment costs based on bid prices. Please note that the low bid of $117,491.75 is 10% above our Engineer's estimate of $106,300.00. As we discussed, this is due to the current contractor workload and time of year. The assessment breakdown attached is basically a summary of the changes to the project that have occurred since the feasibility report. These changes are as follows: 1) The inclusion of $8000.001 from the water fund to cover future water hook-ups made available from this extension. 2) The addition of extra watermain to extend to the Einhorn parcel. 3) The addition of storm sewer required after careful survey and inspection of the existing system. 4) The reduction of "soft" costs from 35% to 25%, based on the advanced stage of the project. 5) Splitting water costs out separately as requested by the residents. The water assessment is down slightly from the feasibility report due to the addition of the Einhorn parcel. The street assessment is, however, about $1,000.00 higher than anticipated, due to the inclusion of the additional items listed above and the higher bid prices. In addition, the contribution from the street program has been increased to $67,600.00. At this time, we recommend that the council table the matter at the August 26, 1991 meeting. We will then send the information to the residents and hold a neighborhood meeting to see what the consensus of those involved is. The decision of whether or not to continue with the project can then be made at the first meeting in September. 15 . . ~ 0 0 (Xl 0 (Xl 0\ 0 0 0 0 0 0 ll'l .... ~ ll'l ll'l <"l 0 (Xl 0\ 0 0 0 ll'l 0 ll'l c--. c--. . .-I .-I ll'l 0 \0 \0 0 0 0 c--. 0 c--. <"l 0 ~ 0 0 '" 0 '" ll'l C\ 0 C\ .... 0 <"l \0 '" .-I .-I ll'l 0 \0 0 c--. \0 <"l (Xl \0 \0 \0 c--. ~ ~ ~ ~ ~ ~ . '" '" 0 (Xl .... .... c--. c--. ll'l (Xl c--. \0 '" \0 ~ .... .... .-I (/)0 .... (/)0 (/)0 \0 c--. .-I \0 '" (J)o (J)o (/)0 (/)0 (/)0 (J)o (J)o (/)0 (/)0 (J)o (/)0 10o:l ~ f:: ~ ~ ~ >. >. l:::l t) t) c: c: t/) OJ OJ E-i t/) O'l 0 O'l r<1 :E c: Z c: r<1 -.-I 0 -.-I ~ r<1 .jJ r::. t/) .jJ E-i ~ E-i c: :E c: t/) t/) r<1 H 0 ~ t/) ..... r<1 E-i 0 0 E-I E-I t) r<1 ~ .jJ E-I Po. Z t) .-I 0 :i E-i H ~ E-i III r<1 0\ ...:l ~ :i ...:l OJ E-I 0 CO . C\ + Z E-I O'l ::l ~ ~ O'l .-I 0 E-I r<1 t/) c: .-I 0' ~ r<1 c: ..... r<1 ~ E-I 0 -.-I ~ .-I OJ Z Z E-I -.-I ~ r<1 ~ ~ H ~ ~ ~ ~ ~ U OJ ~ ~ r<1 ::c Po. t/) OJ ~ 0 E-I 0 OJ r::. 0 c: E-I ~ OJ r::. ~ t/) Po. Z ~ I Po. H c: r::. ~ 0 r<1 r<1 U c: III: ~ -.-I ~ 0 Po. U U -.-I ~ E-I O'l E-I ..c:: Po. III: III: E-I O'l Z E-I 0 c: H Z c: III: ...:l ...:l r<1 c: H ta Z ~ OJ E-i r<1 -.-I Po. Po. OJ E-i :E r<1 ~ r<1 0 :E ta ta r<1 ta 0 t/) :E E-I 0 ~ :i ~ CO t/) ~ ~ ~ E-i CO t/) t/) Z ...... H t/) III t/) ...... H ta t/) H III ~ r<1 OJ 0 0 III ~ t/) ta ~ 0 O'l E-i ...:l t/) "C t/) ~ ~ 0 O'l E-I ...:l t/) t/) H OJ ~ III: t/) ::l E-I H OJ ~ III: III: t/) CO ...:l ~ III: ...... ta CO ...:l E-i III: r<1 U t) ta r<1 r<1 U 0 E-I E-i ...:l dP E-I ~ c: ~ ~ ~ ...:l dP E-i ta ...:l 0 >. :i III: ll'l t/) I r<1 H E-I III: ll'l t/) I ta III: in t) ~ '" t/) CO E-i t/) :E :E ~ '" t/) CO ~ ~ c: r<1 0 :i ta ta ta 0 E-I ~ OJ . E-i + ...:l t/) ~ ~ E-I + ...:l t/) t/) E-I O'l III: CO E-< c: Z -.-I ~ oJ .jJ ~ c: ~ 0 U ~ dP f:: ll'l . . BID TABULATION WATERMAIN EXTENSION, STREET CONSTRUCTION AND APPURTENATN WORK PINE BEND AND HOWARDS POINT ROADS CITY PROJECT NO. 91-11 SHOREWOOD, MINNESOTA BIDS OPENED: August 19, 1991 ORR-SCHELEN-MAYERON 11:00 a.m. & ASSOCIATES, INC. CONTRACTOR BID SECURITY TOTAL BID Widmer, Inc. X $117,491.75 F.F. J edlicki, Inc. X $135,870.00 B & D Underground, Inc. X $146,286.00* I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF THE BIDS AS RECEIVED ON: DATE: Amrnst 19 1991 BY: /P~L V'Joel Dresel, P.E., L.S. *Denotes Corrected Figure OSM Comm. No. 4775.10 e o ti ~ 1iJ l5 ~ u 1: l ~ Ci5~-E c 0 as ~ 3: ~ ~~~ ill .. " -i5] E~tll j-g~ .. "a.. o ~ l!! .. ... " .... 0:: ~ 0 ::; ~ ~~ ~ ct ~ ::; ~~ CJ) UJ u if a.. u. o z o Cii z UJ ~ <3 .E OJ E ." ~ <3 .E 32 0\1 '0 .. .., u: u: <3 .E .,; 0:: " e e> .. ." e :J o oil CD . ~ m o ..... 8888888g8888 ~~~~~~~~g~~~ N~ ,..: rD-~- <;; o U 0" :J 88888881616 ltieNg-=~~r--:oi N ~ :e {!. 8g8888888888 g g g ~ g ~ ~ g g g g ~ ~ 0 ~ ~ NOm N ~ 0 ~ ~ T""- N ,..: - 0- M N <;; o U 88gg8 o 0 N g N '" 0000 0000 uitridri ... '" 0" :J ~ :e {!. 88888888g888 gogliigggggogg ",gN"'N<D<D<DN~",O .....- r:J ....: ai - cxf ~ - <;; 8 g8~8881ilg8 a)dNuiMg~e~ ~ ~ 0" :J ~ 1: " " o ~~~~l(Jg '" N8N8~~ CD 0 '" N 0" :J .J:. .s:;,g;: ~~~~~~~~~~~~ E !! .0 l5 " ] ~~ :a ij :a o .. .. ::;00 .. .. g li c ." E " :a ~ i ; ~ ~ <II is '0C~~'; a ,,*g:~~~ -0.0 g-_~-5 5~ ~ a:8iiiUia~asw ffi C; c ~~~~~~~ ~~~~~~8 o z <3 8. CJ) .diSHl ~ ~ ~ :>>o~~~~~~ OONNNNNNN 222 lti -= . o ~ ~ ;;;gJgJ o z E .. "" _N(']"ltIO<O,....CDo)~;:~ %% ~ ;2 !~ ~ Q) -g :J:J 4).2 ~~ 88 e]! ::l 2 ::l ... uo g'g>> 8~ 'J'. 'J'. ~ o~ o~ ~ .. ::; ~__~ " " " " :a .. ,-on 33:3: ~CD" lOll)~.qo"lt.E:M.~ ~ ~12 8.8.12 8.g oo.E~~.2~ffi 8 8 g g "' .... ajC\i :5 8 re ~ g 8 ~ ~ CJ)- ('\,r 00 o 0 o 0 '" "' 88 g g .... N ai M- :5 8 ;;; ci ~ :5 0:: e {!.~ ~~ ~~ N N '" ~ o "' ON g ~ OJ '" oj 88888g8gg l!! ~ g g g g g lii g ~ _ 0) ~ 0 ~ m M ..... ri - a) . 8gggg:5gg8gggg l!!ggg~pjgjl!!ggggl!! CD <D '" CD N ... .... OJ 0 CD CD "' '" crf ~ ~ ....: ....: .....- ''It- ri "Ct- "' "' ... ": -i N 8ggggggg8g~88g~g8 l!!~gggg~N~~ gliiID~~~ ''It CJ)~_..... ~ ~~ 88 g g CD '" oj g 8 g g 8 g 8 g g g g 8 ~~~~~~~~~~~~ ri N 6 16 g8gg888 00000800 tOOCDOO 0 o co,.... 100 CO ll'i ri -r-- .....- C\r q: N 8 g d c:i o "' q o 0 "' oar--: g g g 8 8 g g g N "' 0 "":crill5 00 00 ~ N N 88gggg8g8g:588gg8g8gg88 duiddddui '~tONdNd~d~dd~dN ~N~~1il"'''' '" ~NN~:5~~"'o :: 88gg888g888ggg88g888g8 uilridddddN~dcig'uidd~'ciN~'ddd 1O,....IOLOa~IOIO~~~ m~o V~ 0000 ~NNm~om~NNN~O~N ~o o~o ri~ - - ~~~ m~N~~~ ~ri~ 8 g o ci 8_ re 00 "' ~ ,.: N 8888g8g1il~g~g~:58gggg88~ ~~~~~~gN~gN~re~~~~~~gd o "' ~ ... ;;; ~~~g~~~~~gOMLOV N ~ ~ ~ 2 N em {!.C) ~ ~~ ~ ~ ~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ co " ~~:g " 0:: ~ ~~ III ~~~o~~ 'i;i~~-E e~~~~ <<3.2"5~~~ On.a:oo_ ~ ~ ~ ~ ~ g ~~~88~ Cl OJ 0:: ." ~;~<5 u :a 8. oil ~5 ~-e 0:0:08 cd~].!! ~.g.~~ tU a: ~ c: u;15il8 1-g~~ 1Ja:I~<O <a:C)CD c 'g .. 0. ~8:~ ~~V a.. c: a/$ ~ III f~il S~ ~iu...ONNcd: C5S.~~It)~a1Q) .!!~~~ ~ ~~~ ~:t~~05=:~ 83'giS~~~C) l'o ~ 81 '" Co ad"" ~~ i:i~ N N ~~~2~~~~~~2 ~~~~~~;;;;;;~~~ NNNNC\lNNNNNN ~.oIC!~~~Il1~1I1111 .-' ~Hj1ij1ijrerere rererere .. 8. S ell: 0:: .. .9 Q. S ~ ci5 ij ~-e -588 ~;...;... ~ ~ ~~~~N~~~~re~re~gM~~~~~~~ "' ": ~ ,..: g o ... <D lei '" o o ~ N ~ OJ 0. .. o.Cl ~~ ~u. -' ~ o z if C) . . 8/21/91 RESOLUTION NO. A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SITE GRADING AND APPURTENANT WORK SALT/SAND FACILITY SITE GRADING WHEREAS, pursuant to an advertisement for bids for site grading and appurtenant work, salt/sand facility site grading, bids were received, opened on 19 August 1991, and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that NW Asphalt is the lowest responsible bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with NW Asphalt, in the name of the City of Shorewood, for site grading and appurtenant work, according to the plans and specifications therefor approved by the City Council on file in the office of the City Clerk. 2. That the City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and next lowest bidder, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk !~ aXHIBIT A . BID TABULATION SITE GRADING AND APPURTENANT WORK SALT/SAND FACILI1Y SITE GRADING SHOREWOOD, MINNESOTA BIDS OPENED: August 19, 1991 ORR_SCHELEN-MAYERON 10:30 a.m. & ASSOCIATES, INC. CONTRACTOR BID SECURl1Y TOTAL BID / A./ rnn? F R ~ 00 ~/l7~.- )/W //sP#/-1(.. r V SO 8//0,,1-. - 0/7?H /l~P.h'~l-/ - S'O ~- 8(., 27/. 8",ssc CcY-'ST: ~ 8~768.~ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABUlATION OF THE BIDS AS RECEIVED ON: DATE: August 19. 1991 BY: dA/ ~oel Dresel, P.E., L.S. *Denotes Corrected Figure OSM Corom. No. 4590.15 c~' -, "'\' ." 0 >. ,'<' . ,/1 IT ('" '. '~. '.. ,\ Schelen ... d.).. .J l Mayer~n & ~~'" ."",1 AsSOCIates, Inc. 20.t Hennepin Avenue Min polis, MN 55413 612-331-8660 FAX 331-3806 Memorandum . Engineers Surveyors Planners TO: FROM: DATE: SUBJECT: Jim Hunn, City Administrator, City of Shorewood Joel Dresel, City Engineer, OSM & Associates, Inc. August 20, 1991 Site Grading for Salt/Sand Building, City Project No. 91-51 Attached is the bid tabulation for the referenced project as received August 19, 1991. The low bidder was Northwest Asphalt at a total bid price of $81,064.50. This is 16% higher than our Engineer's Estimate of $69,625, which we believe is a result of the current contractor workload and the time of the year. Most of the contractors we have talked with have enough work to finish out the season and are not interested in taking on additional work without an assured profit. On August 23, 1991 we will be receiving bids on the Salt/Sand storage building. Should that building come in at or below estimate, it may be economically advisable to do the grading and salt building yet this fall. As it now appears more certain that the public works building will be constructed in the 1992 season, it will be possible to do an overall grading plan with only two separate contracts bid this winter. One contract could be let with the two buildings, and one with the grading/sitework for the entire project. At this time, we recommend wating for the building bids due this coming Friday, with discussion at the Council Meeting August 26, 1991. /cmw 0820-cos.jh4 Enclosure . . BID TABULATION SITE GRADING AND APPURTENANT WORK SALT/SAND FACILITY SITE GRADING SHOREWOOD, MINNESOTA BIDS OPENED: August 19, 1991 ORR-SCHELEN-MAYERON 10:30 a.m. & ASSOCIATES, INC. CONTRACTOR BID SECURITY TOTAL BID Northwest Asphalt, Inc. X $ 81,064.50 . Busse Construction, Inc. X $ 82,768.50 - GMH Asphalt Corp. X $ 86,271.50 Widmer, Inc. X $ 94,276.00 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF THE BIDS AS RECEIVED ON: DATE: August 19. 1991 BY: ~/ d ~oel Dresel, P.E., L.S.- *Denotes Corrected Figure OSM Comm. No. 4590.15 cj .5 .. .. .r: Q. .. < 10 " " .!.! ! Ii: '5 c z :;) e- o o <ii .r: Q. ~ J: ::;; Cl cj .5 i E ." ::: cj .5 c" .Q tJ ~ 8 " Zl ::> '" . " .!.! Ii: ~ 8888888888 ~~~~8~~~~~ N o~ N 1li ,..: .- ,.: -~ - _N ~ ~. ;;; 8 ~ 88~81il~88~8lil8 ~~~cD~~~~aS~":~ ri " .\! Ii: ]I ~ 8888888888881il8 ~~:e:eonlligg~!ii~gN~ -~""81":1oNlil-O>Nf8,, N.nIli~~tDoi~ ~.:.: :i! ;;: '" qj CD 8 ~ 88~~888888~8 ~g";"':~gj!iig.,;~..;g ,........ C6 II) .,..-"': " .!.! Ii: ... c :;) " .\! Ii: ~ 88888888888888 ~~~~g~~~~~~~~~ Nai"':,...~a:i~-<<i-- 16"':(~'- NN o o cD .... N .. Ol 8 on ~ 88lilS!88881il8S!8 ~~Ncrire~g~a)~M~ ri " o it c: :;) " o it ~ I- 88881il888888888 g~~~~~si:igg$igg~ N~""'''''_(f)MO''''_~_lOa N...f(JJ~aillfai "lIt.....-C'i"': _N o on cD CD .... N CD " o "t:: a.. c: :;) 8 88:8lillillil88~888 ~ ~~";cD~l!.i~gcD~N~ ...:...: 1: .. ::> o -::l::l~~~~lilN~N~~ N'" c: :;) ~ai~~>:8a5~~LL~~~ w...JcCcCOI-I-I-...JW...JW...J< ~ : 8 :; 8_ " lOi!~ 0 c " c5~~i u.. ... oQ55cll 8 a; c i!cc ..i . CI B ~~Ee~Bg a; UC ~ ~:t::~Q,c~5 0 ifij.g ClCIc-l::a..~:;;:ao CI CD t=~i~ ~ g''''''::;;::;;<ii3 5.5 ...J E ;e:g_ ~ E g~~~~~~~-g ~ ,1! u..::;;oCl8<1-1-__CD>wcll on en s'"= W 3 ~ 0 0 ggg~ __~"_on -"l:l- a: z Iillil on;;;;;; Iil;;;onli! c . a.. cj <fi";'''';'''':' :g";";";";"; "":"";C'Sari c 0 u.. f8~S!S! 11)11),........ ~:i~ 0 en _(;j~~1il1i! U')U')Il)&t) u.. "ll z o NN NNNNNN C\INNN .,,~o 0 a; 0 ~~Ii: z z W 0::;; 8 E cllai13 " _NC')""Il)<D""<<)OJ~ ~~~:! ... . . 8/21/91 RESOLUTION NO. A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SITE GRADING AND APPURTENANT WORK SALT/SAND FACILITY SITE GRADING WHEREAS, pursuant to an advertisement for bids for site grading and appurtenant work, salt/sand facility site grading, bids were received, opened on 19 August 1991, and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit Ai and WHEREAS, the City Council has determined that NW Asphalt is the lowest responsible bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with NW Asphalt, in the name of the City of Shorewood, for site grading and appurtenant work, according to the plans and specifications therefor approved by the City Council on file in the office of the City Clerk. 2. That the City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and next lowest bidder, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk !~ eXHIBIT A . BID TABULATION SITE GRADING AND APPURTENANT WORK SALT/SAND FACILITY SITE GRADING SHOrovwOOD,MINNESOTA BIDS OPENED: August 19, 1991 ORR_SCHELEN-MAYERON 10:30 a.m. & ASSOCIATES, INC. CONTRACTOR BID SECURITY TOTAL BID 6J I'T'J;?? r R V 00 ::>4/1.. 7~. - NW I7sPHI:?c.. r V 1- SO 81/0~ .- c:; /?? /-I d ~p,hIPL.-r v/'- 8(./ 27/ ._s-o 8",ssc C 0I"l s T: / 87, 768. !:E-- . I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF THE BIDS AS RECEIVED ON: DATE: August 19. 1991 BY: d A.-Z -/} oel Dresel, P .E., L.S. *Denotes Corrected Figure OSM Carom. No. 4590.15 .~ j',\ ) Orr (" ..~ \, \ .,. /j Schelen ',,1. '. ..). j t Mayer~n& Y':.;."'''';!':;';c<' . .oti.A AsSOCIates, Inc. 20at Hennepin Avenue Mi polis;MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners . Memorandum TO: FROM: DATE: SUBJECT: Jim Hunn, City Administrator, City of Shorewood Joel Dresel, City Engineer, OSM & Associates, Inc. August 20, 1991 Site Grading for Salt/Sand Building, City Project No. 91-51 Attached is the bid tabulation for the referenced project as received August 19, 1991. The low bidder was Northwest Asphalt at a total bid price of $81,064.50. This IS 16% higher than our Engineer's Estimate of $69,625, which we believe is a result of the current contractor workload and the time of the year. Most of the contractors we have talked with have enough work to finish out the season and are not interested in taking on additional work without an assured profit. On August 23, 1991 we will be receiving bids on the Salt/Sand storage building. Should that building come in at or below estimate, it maybe economically advisable to do the grading and salt building yet this fall. As it now appears more certain that the public works building will be constructed in the 1992 season, it will be possible to do an overall grading plan with only two separate contracts bid this winter. One contract could be let with the two buildings, and one with the grading/sitework for the entire project. At this time, we recommend wating for the building bids due this coming Friday, with discussion at the Council Meeting August 26, 1991. /cmw 0820-cos.jh4 Enclosure . . BID TABULATION \ SITE GRADING AND APPURTENANT WORK SALT/SAND FACILITY SITE GRADING SHOREWOOD, MINNESOTA BIDS OPENED: August 19, 1991 10:30 a.m. ORR-SCHELEN-MAYERON & ASSOCIATES, INC. GMH Asphalt Corp. BID SECURITY TOTAL BID X $ 81,064.50 X $ 82,768.50 X $ 86,271.50 X $ 94,276.00 CONTRACTOR Northwest Asphalt, Inc. Busse Construction, Inc. Widmer, Inc. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF THE BIDS AS RECEIVED ON: ected Figure OSM Comm. No. 4590.15 It) ~g :~ c: . c: 0 ~~~ u.. - il "lei ~~~ ~~l!l fll o if ll. u.. o z o iil z W ~ ~ .. .. .c: C- o:!! <;; ~ € o z ci. <; o "ii .c: C- .. <( J: ::< Cl ..; .5 a; E " 3 ..; .5 C .2 ti " ~ 8 51 .. " lD " .!! ct "ii ~ 8888888888 ~~~~~j~~~~ "r 0 <'Ii lcf ~- .. ,..: .: .- ..: <'Ii - _N 8 88~8:il~88:g8~8 ~ ~~";ca~tt~~<<)~":~ ri " .!! ct "E :;) " .\! ct ~ 888888888888:il8 ~~~~~~~~~~~~~~ N&6vi~gc:DCD-": v..:.: 8 g 88~:g888888~8 gg";"':1!l~~ga;si..;g "":. ....._ as It) " .!! ct "E :;) " o it ~ I- 88888888888888 ~sisig~reosisig~si~~ .~c,)U)_oSi~(rG(I')C\I~coQ) C\.rai..:r-:ai.t1J~": Iri":ri NN 8 on 5l! 88~S!8888:il8S!8 ~~Nczjret(3~~oi~C'S~ ri " o ;:: ll. .e :;) " .!! ct ~ 8888:il888888888 sisiNNNNsi"'oo<oosi~ N;,s:e~:!~~~~~~~t?)o C\i..--.:io'-aillfa:f .._AN''': _N 8 g N 88:g~:il~88~888 ~_~_";ai~~~gai~N~ " o ;:: ll. "E :;) c .. " o __~~~~@~~N~N~~ ~'" '" c: :;) ~..CJieo~>ccc."5."5 .! w-l<<d~~~~~~~~~ E ~ ~ ~ 88_ " :0 "CIl g ~~.il~ .f c: .;J .. .. ~ " '" C jO_ggJJGI~ U! ~ iU3!EEE5u..~O UC ~~~:e~a.~C)~ !jij2 t'lIt'lIc:~m_m.ll.~~:o8 t'lI .=~~~ ~ ~;r;::E::E"ii3 5.5 ;;;:gj~Eg~8.~~~~~~ u..::<oCl8<(1-?:'__<D>wcl! ci z ..; ~~~~~~~~~~ ~~~~~~~~~~ 8NNNNNNNNC\I ~~~~ "':"':MIli .0."........... 1C)1t)1Otl) NNC\lN CIl ci z E j _Nt").IOCO.....t1JQ)g::~~::! :il ... ~ ;;; . ~ .... N g o o <0 .... N ... '" o It) ai <D .... ~ o as ...J ~ . . 8/21/91 RESOLUTION NO. A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF A SALT/SAND STORAGE FACILITY WHEREAS, pursuant to an advertisement for the construction of a salt/sand storage facility, bids were received, opened on 23 August 1991, and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that is the lowest responsible bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with in the name of the City of Shorewood, for construction of a salt/sand storage facility, according to the plans and specifications therefor approved by the City Council on file in the office of the City Clerk. 2. That the City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and next lowest bidder, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk 11 . . MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 21 August 1991 RE: B & J Automotive - Occupancy Permit and Sign Permit FILE NO. Property - 24365 Smithtown Road Bryan Tyson, representing B & J Automotive, has requested approval of an occupancy permit to use the lower level of the Shorewood Finamart building for automotive repair. They also request a sign permit to install a wall sign on the west side of the building and add to the existing pylon sign in front of the site. Occupancy Permit The property in question exists under a conditional use permit which originally included the existing convenience store and motor fuel operation on the upper level with a tire shop on the lower level. In addition the site was approved for a fast food restaurant (Dairy Queen) which was never completed. The tire shop has since moved out and the applicant proposes to open his business in the lower level space. In meeting with the applicant it was explained that the conditions under which the C.U.P. was approved (see Exhibit A, attached) are relatively restrictive, particularly with respect to outdoor sales, service, storage and display. These conditions are the result of the previous use of the property which included an auto repair shop that stored several old cars in various states of disrepair for long periods of time. The applicant expressed some concern about limiting outdoor storage of cars waiting for parts. The C.U.P. limits such storage to 48 hours. It was also explained to the applicant that used car parts and outdoor displays of any kind are not permitted on the site, nor may cars be worked on outside. This apparently is acceptable to him. lq A Residential Community on Lake Minnetonka's South Shore . . B & J Automotive Occupancy/Sign Permit 21 August 1991 Sign Permit The applicant's proposed signs are shown on Exhibits B and C. The wall sign for the west side of the building measures 2'x 20' and replaces the previous Goodyear signage. The addition to the pylon sign measures Tx 12'. The total amount of signage allowed for this site is 266 square feet, of which 141 square feet has been used. The proposed signage brings the total to 265 square feet. It should be noted that signage on the subject site is also subject to a conditional use permit (multiple signage). While the amount of proposed signage is consistent with the original C.D.P. it must be realized that the addition to the pylon sign eliminates the possibility of adding additional signage to the pylon for any new building which may be completed on the east side of the site. Any such building would be limited to one wall sign, equal in area to 10 percent of the area of the new building silhouette. Prior to issuance of the sign permit, the applicant should be required to provide a letter from the owner of the property, stating that this situation is fully understood. As a final note the plans do not indicate how the signs are to be constructed. It is recommended that the construction of the new signs be consistent with the existing signage. Based upon the preceding it is recommended that the occupancy permit and sign permit be approved subject to the applicant providing the City with a letter stating that he understands and agrees to comply with the conditions which have been imposed on the subject site. Also, the applicant must furnish a letter from the owner stating that he understands the limitation on signage and the effect on future development on the property. cc: Jim Hurm Glenn Froberg Bryan Tyson -2- //' / . . 9. That the proposed uses and requested variances will not adversely affect the general welfare, public health and safety of the cannunity. cx::N:LUS IGl'S 1. That Applicant's application fot Conditional Use Pennits for Gas Station/Convenience/Service Center is hereby granted, subject to the following conditions: a. Site Plan. That the redevelopment of the Subject Property be pursued in accordance with the site plan attached hereto and made a part hereof as Exhibit B. b. Surfacing. That site grading and drainage plans be submitted by App I i can t and approved by the Ci ty Engineer. c. Perimeter Curbing. That all curbing be a minimum six~inch (B612), continuous poured concrete curb. d. Lighting. That a detailed lighting plan be submitted by the Applicant for approval by the City. e. Purq:> Islands. That a typical elevat'ion of the pmp island, showi~~ the gas pumps and their location and protection be submitted by the Applicant for approval by the City. f. Screening. That the screening and landscaping plan be attached hereto and made a part hereof as Exhibit C. g. Access. That the applicant obtain a driveway access pennit fran Hennepin Cormty for access on to Coilllty Highway 19 prior to issuance of a building permit. h. S i gnage . That a s i gnage p I an be sul:rni tt ed by the App I i can t for approval by the City. i. Outdoor Storage or Display. That there will be no display or outdoor storage of tires or car parts. Vehicles waiting for parts shall not be stored for a period exceeding 48 hours. A screened trash enclosure shall be provided behind the buildings. j. Compliance. That the Applicant comply with the provisions contained in Shorewood City Code Section 1201.2, Subd. 4c. -3- ~h;b,t ^ y W 03 \' 12.1 I V et �S r i � , • - I I I L X. ! l i U ! r 1 t f a. . es 4 I� ;� .,,, i N i L i I n 'I � +J •'� I 1ti 1 ....A i r I I • i I Ltl (_ .. V LU I I 3 U L 9 ! n � 1 V _ il 'th a ' 9 4 ` j -s dT / y 1 ry �{ y. ■ L' 4 .r) :lc; i wZ ri { ▪ o w • o - ( ! 0 i E-X h ; b; A- r • r " -f'. 1 . ,- r- - . N. - ,. ~, - ,,-~; --.:-:~ ':.~:~" .- 1 '. ... Oi) - ..,..'---- :...:-..;,~ 'Ii sr ::r a:; \ I ,{ -. ~ _~._ '0.- __ i i i I i I I I I lA1 ..J ct. v ~ - - 1 ~ , f .'" . . TO: Council Members, City of Shorewood ATTN: Brad Nielson FROM: Donald W. Shafer, Resident 23880 Smithtown Road DATE: July 25, 1991 SUBJECT: Continuous neighborhood garage sale The residents directly across the road from us in the double house--23945/23947 Smithtown--have had a more or less continuous garage sale going during the summers of 1990 and 1991. Last summer it became obvious that new furniture was being sold. Upon the neighbors' complaints, including my own, the City advised the residents by mail of their vioration. The sale of new furniture stopped but the garage sales began again. Aside from being an eyesore, the sales cause quite a traffic hazard. Two lots east of this address is the crest of a hill on Smithtown Road. Traffic coming westbound is unable to see roadside parked vehicles or slowing traffic until almost upon them. Entry and exit from the driveway where the sale is held is hazard enough any time. Aside from being an eyesore and an annoyance and a traffic hazard, the residents advertise with strings of "used car lot" pennants strung across the yard and hand-painted signs offering Tapes, Records, Avon. I question whether all this should be allowed by the City. The continuous operation of these sales belies their qualifying as garage sales. To me they are rather a commercial flea market. It would seem that to allow citizens to conduct a two- or three-day garage sale once a year would take care of anyone's legitimate needs. I am requesting the Council address this problem to provide the neighborhood some relief. Sincerely, ~AJ Donald W. Shafer DWS/na 2 OC. ~ / ~ STATE OF . [AD~~~@u~ DEPARTMENT OF ".,.1.'''-- , ' NATURAL RESOURCES 44 500 LAFAYETTE ROAD · ST, PAUL, MINNESOTA · 55155-40 DNR INFORMATION (612) 296-6157 July 29, 1991 To: SBA Natural Resources Development Program-Community Tree Planting Grant Applicants Interest in the SBA Natural Resources Development Program for Community Tree Planting has been tremendous. Sixty-one applications were received earlier this month totalling some $279,393 in grant requests (only $127,155 was available). The majority of project proposals involved replacement of boulevard and park trees lost due to disease, drought, storms or construction damage. Most grants were requested to expand present efforts or to replace funds lost from earlier budget cuts. Some projects were highly dependent upon grant f!:1nding (Le., without SBA monies the projects would not be completed). Projects were evaluated by an urban forestry panel and ranked according to the information provided on the application. Scores ranged from a high of 90 (maximum score of 95) to a low of zero. Twenty-seven projects have been recommended for funding to SBA (see enclosed listing). Many worthwhile projects could not be approved due to the limited funds. If more funds become available, additional community projects will be submitted. However, not all of the projects submitted are worthy of funding. SBA approval of the recommended projects is expected by the end of August. If your community project was initially approved, you will be contacted within the next month by your local DNR district forester to review your proposal. As some initially approved projects included some non-eligible items (e.g., shrubs, trails, structures, etc.), these must be deleted from the project proposal. Following SBA approval and local DNR review, contracts will be processed and must be completed prior to any work being performed. Projects not funded with FFY 1991 dollars may be resubmitted if FFY 1992 funds are appropriated (these funds may be available as early as Spring of 1992). Unfunded projects will not be "held over" for 1992. Communities will be notified of additional grant monies available when appropriate. If there are any questions regarding the SBA grant program or your community's application, please contact Mr. Jonathan E. Stiegler, Community Forestry Programs Specialist, at 612-297-3507. Thank you for your time and interest in this program. Si~<=erely, ,/' ./ .-/' /:/; . n 1'U-:L/~~y-:~ t:Z~~.c>-\. erald A Rose /; ~ State Forester Enclosure 20 D - I AN EQUAL OPPORTUNITY EMPLOYER . . STATE OF MINNESOTA SMALL BUSINESS ADMINISTRATION (SBA) NATURAL RESOURCES DEVELOPMENT PROGRAM COMMUNITY TREE PLANTING-PROJECTS-FFY 1991 Community Projects Submitted to SBA -Apple Valley - Brainerd -Cloquet -Coon Rapids -Cottage Grove - Dodge Center -Duluth -Farmington -Glenwood -Golden Valley -Ham Lake -Hopkins -Hutchinson -Little Canada - Mankato -Maple Grove -Minneapolis -Moorhead Community Projects Not Submitted to SBA -Austin -Bagley -Becker - Bemidji -Breckenridge -Brooklyn Center - Burnsville -Chatfield -Chisholm -Circle Pines -Columbia Heights -Crookston -Eagan -East Grand Forks -Falcon Heights -Gonvick -Greenbush -Halstad -Hancock -Hastings -Houston - Lakeville -Lino Lakes -Mounds View -Park Rapids -Plymouth -Ramsey - Robbinsdale - Roseville -S1. Louis Park -St. Paul -Thief River Falls -New Brighton -Northfield -North Mankato -Oak Park Heights -Paynesville - Preston -Shorewood -Staples -Warren -Wheaton -Woodbury UNIV~RSITY OF MINNloTA . Department 0/ Fisheries and Wildlife College o/Natural Resources 200 Hodson HaIL, 1980~FolwelL Ave. St. Paul, MN 55108-1036 612-624-3600 Fax: 612-625-5299 AUG 9 1991 MINNESOTA COOPERATIVE FISH AND WIWUFE RESEARCH UNIT COOPERATORS: U.S. Fish and Wildlife Service UniwTsiry ofMinnesOla Minnesota Department ofNalural Resources Wildlife Management Institute Tuesday, August 6, 1991 Mr. Dan V ogt City of Shore wood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Vogt: We completed the Canada goose capture and translocation in the Metropolitan Area in mid-July. A total of 2,822 geese (1,144 adults and 1,683 young) were trapped at 56 sites and transported elsewhere. Oklahoma took 400 adults and Mississippi 744 for release on their wildlife areas. The goslings were transported to Minnesota sites, mostly in the north, and released. The crews trapped 95% of the geese they attempted to capture. In spite of the hot weather, mortality during capture and transport was very low (3 birds) and similar to previous years. The locations, dates, and number of geese captured In your city were: Location Date Young Adults Total CHRISTMAS LAKE 6/25/91 28 27 55 TIMBER LANE-GIDEON BAY 6/25/91 30 51 81 TOTAL 58 78 136 The cost of the removal at the two sites was $2,000. Please make the check payable to The Canada Goose Program and mail to: The Canada Goose Program 2195 Dudley Ave. St. Paul, MN 55108. Thank you. Sincerely yours, ~~~ Dr. James A. Cooper Associate Professor and Wildlife Extension Specialist 020 D-l. BOARD MEMBERS David H. Coeluan, ChaJr Groonwood Abert O. F..ler, VIce Chair Deophaven Douglas Babcock, Secretary Spring Park Jan Boowinkel. Traaauror Minnelonka Beach David Banos Victoria MalVin BjIlriln T onka Bay SOOII Carlson Minnatrisla James N. Gralhwol E x.,., 10 lor JoEllen L. Hurr Orono Thomas Martinson Wayzala Robert K. Pillsbury M innelonka RobertRascop Shorewood Thomas W. Reese Mound Robert E. Slocum Woodland . . LAKE MINNETONJ<A CONSERVATION DISTRICT 9CO EASTWAYZATA BOULEVARD. SUITE 150 WAYZATA. MINNESOTA 55391 TELEPHONE 612/473-7033 EUGENE R. STROMMEN. EXECUTIVE DIRECTOR August 9, 1991 ~:\\C~ \ I") \ ".- \0('\ .,---: TO: Hayor James FROM: Executive Director Eugene R. SUBJ: Appointment of Director to the LHCD Board The term of your director expires this year. Sectiorr l03B.6ll of the recodified statute (previously provided all member cities), Subd. 1, Board Composition, states, "The district is governed by a board com- posed of members elected by the governing bodies of the municipalities included in the district. Each municipality shall elect one member." Subd. 2, Term, further states, "The term of office of each board member is three years." We respectfully request each city council to elect its board member and to so notify the LHCD executive director at the council's early convenience. New terms begin with the October 23, 1991 Board of Direc- tors meeting at which time all board members will be sworn into office. Your council's response in September or early October is anticipated. The participation and involvement of all board members the past three years has been extensive. Each member has served on the Water Struc- tures and Environment Committee. Eleven of the 14 members, namely, Pillsbury, Babcock, Bjorlin, Carlson, Cochran, Foster, Grathwol~ Hurr, Martinson, Rascop, and Reese, serve on the Lake Use Committee. In ad- dition, most directors have participated in the Advisory Committee the past two years during the management plan review and adoption process. The Eurasian Water Nilfoil Task Force and present subcommittees dealing with reviews of LHCD Policies and Procedures, Conflict of Interest, License and Permit Fees, and Shoreline Watercraft Storage draw upon a representative cross-section of board members. If you wish specific information regarding your board member's involvement in any of these committees or subcommittees, we would be pleased to provide it. Thank you for considering this important board member selection as a priority this coming month. c: Robert Rascop 2/ A -;( . . MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 August 16, 1991 Mr. Robert Rascop LMCD Director 4560 Enchanted Point Mound/Shorewood, MN 55364 Re: Appointment of Director to the LMCD Board Dear Mr. Rascop, Over the past ten years Shorewood has been fortunate to have you as our director on the LMCD Board. Your involvement and active participation, as a former Board Chair and Chair of the Advisory Committee on Community Management Plan, has provided the city with current and accurate information on policies, procedures and active item discussions. Your term as Shorewood's director to the LMCD Board will expire on September 25, 1991 and we would like to recommend to the Shorewood City Council your reappointment to the Board for another term of three years, to expire September 1994. We would like to schedule this on the next City Council agenda for August 26, 1991. Please let us know your interest and concerns by Monday, August 19th. We look forward to hearing from you. Thank you. Sincerely, CITY OF SHOREWOOD j)/'.1 ,"7 /' >, I " ' ' '?{' '/, f/'/ ! >~,:_(t:t{~,1- /;G;Uk"l/C Barbara,Yf'ancel Mayor BB.al A Residential Community on Lake Minnetonka's South Shore '4 . . CHECK APPROVAL LISTING FOR AUGUST 26, 1991 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE CHECKS ISSUED SINCE AUGUST 12, 1991 7332 (G) 7333 (G) 7334 (G) 7335 (G) 7336 (L) 7337 (L) 7338 (L) 7339 (L) 7340 (L) 7341 (L) 7342 (L) 7343 (L) 7344 (L) 7345 (L) 7346 (L) 7347 (G) 7348 (G) 7349 (G) 7350 (G) 7351 (G) 7352 (G) 7353 (G) 7354 (G) 7355 (G) 7356 (G) 7357 7358 7359 (G) 7360 7361 (G) 7362 (L) 7363 (L) 7364 (L) 7365 (L) 7366 (L) 7367 (L) 7368 (L) 7369 (L) 7370 (L) 7371 (L) 7372-7374 7375 (L) 7376 (L) Fleet Fueling MN Commerce Dept. Northern States Power Mark Sill/Lisa Zelinsky Advance Lighting Bellboy Corporation Day Distributing Co. East Side Beverage Co. Griggs, Cooper and Co. Johnson Brothers Liquor Mark VII Distributors North Star Ice Pogreba Distributing Quality Wine/Spirits Waste Management Savage Bradley Nielsen Ralph Wehle First State Bank Commisisoner of Revenue PERA PERA ICMA Retirement Trust City cty Credit Union AFSCME Local #224 Mr./Mrs. David Clapper Void Void Artworks Too Void Commercial Asphalt Bellboy Corporation Midwest Coca-Cola Co. Gr iggs , Cooper and.. Co. Hoops Trucking Johnson Brothers Liquor Minnegasco, Inc. Pepsi-Cola Company Ed Phillips and Sons Quality Wine/Spirits Fast Glass Inc. Void Mn Department of Revenue June 1991 sales tax Mn Department of Revenue July 1991 sales tax Balance due Notary application-Latter Utilities Recycling award Repair and maint-store lights Liquor purchases Beer and misc. purchases Beer and mis~. purchases Liquor, wine and misc. pure. Wine purchases Beer and misc. purchases Misc. purchases Beer and misc. purchases Liquor and wine purchases utilities section125 reimbursement Erosion control Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Recycling award City hall artwork prints Streets supplies Liquor purchases Misc. purchases Liquor, wine and misc. purch. Liquor and wine purchases Liquor and wine purchases utilities Misc. purchases Liquor and wine Liquor and wine Repair security purchases purchases system TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- AMOUNT $ 200.00 10.00 1,405.60 25.00 62.00 2,405.70 5,687.07 19,173.86 5,609.23 3,877.05 7,510.52 806.64 1,376.30 1,504.05 10.00 140.00 30.00 5,623.88 904.86 1,684.08 80.00 557.50 45.00 126.70 25.00 260.00 420.72 2,345.17 451.22 5,704.06 382.20 2,174.24 41.08 152.57 2,412.85 1,828.27 157.25 6,469.47 12.523.64 30,581.45 63.671. 33 94.252.78 DAT~ 08/22/91 TIME 09:54 CITY OF SHORE WOOD CH. APPROVAL LIST FOR AUGUST 26, 1991 MEETING COU~V REPORT PAGE:: 2 CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT --.------ --...--.-------------------- ------------------------ -------- -----~----- 7378 AMERICAN NATIONAL BANK COUPON INTEREST MATURED BONDS FOR AMERICAN NATIONAL BA SPECIAL SERVICES WATER DE 3,162.50 WATER DE 10,000.00 13,162.50 PROF SER 195.00 *** TOTAL 7379 ABDO, ABDO, AND EICK 7380 ALTERNATIVE STAFFING, INC TEMP OFFICE EMPLOYEES GEN GOVT 7381 AMERICAN PLANNING ASSOC. ANNUAL DUES AND JOURNAL PLANNING 7382 EARL F. ANDERSON & ASSOC. STREET SIGNS TRAF CON 7383 ASPEN EQUIPMENT COMPANY JACK HAMMER REPAIR PUB v~KS 1,203.53 127.00 434.00 10.14 7384 BRYAN ROCK PRODUCTS, INC. ROCK SUPPLIES ROCK SUPPLIES_ *** TOTAL FOR BRYAN ROCK PRODUCTS, 7385 CHANHASSEN-CITV OF ANIMAL CONTROL FOR JULY PARKS & 97.54 STREETS 89.79 187.33 PROT INS 1,134.75 7386 CHAPIN PUBLISHING CO. PUBLISHING GEN GOVT 7387 COAKLEV BROS CO. HURM MOVING EXPENSES 7388 COMMERS CONDITIONED WATER WATER COOLER RENTAL PUB Wf,S 7389 COMMUNICATIONS WORLD-MN PHONE SYSTEM SERVICES MUN BLDG 7390 FEED-RITE CONTROLS, INC. DEMURRAGE CHARGE WATER DE 7391 FINA FLEET FUELING GASOLINE PURCHASES PUB WKS 7392 FRANKLIN ORDER DEPT FRANKLIN SUPPLIES GEN GOVT 7393 FROG ISLAND BOOKSTORE GENERAL SUPPLIES-BOOKS' GEN GOVT 7394 HENNEPIN COUNTY TREASURER PRISONER EXPENSE-JUNE POLICE P 7395 JAMES HURM LUNCH MTG EXPENSE ADMIN 7396 INTERNATIONAL CONFERENCE ANNUAL DUES PROT INS 7397 KAR PRODUCTS SHOP SUPPLIES PUB WKS 7398 LOWELL'S ZITCO INC. TIRE GAUGE PUB INKS 7399 MTI DISTRIBUTING COMPANY FRICTION WHEEL PUB WKS 7400 H.C MAYER AND SONS, INC. OIL PUB WKS 7401 METRO SALES, INC. COPIER DEVELOPER GEN GOVT 284.00 2,589.08 22.50 58.00 20.00 707.31 175.35 13.95 1,705.74 10.50 75.00 230.10 6.52 19.20 198.55 78.10 7403 MN SUBURBAN PUBLICATIONS PUBLISHING GEN GOVT SEWER DE 25,593.00 75.64 7402 METRO WASTE CONTROL COMM. SEPT CONTRACT PAYMENT . D{~ TE 09:54 _I TY OF SHORE WOOD CHE~ APPROVAL LIST FOR AUGUST 26, 1991 MEETING COUNI REPORT 08/22/91 TIME PAGE 3 CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ----------------------.--- ------------------------ -------- ----------- 7404 NAVARRE AMOCO MOWER TIRE REPAIR 7405 NAVARRE TRUE VALUE MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES FOR NAVARRE TRUE VALUE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES FOR NORTHERN STATES POWE PROTECTIVE INSP MILEAGE *** TOTAL 7406 NORTHERN STATES POWER *** TOTAL 7407 PAZANDAK, JOSEPH 7408 PEPSI COLA COMPANY POP MACHINE RENTAL 7409 POWER BRAKE AND EQUIPMENT SHOP SUPPLIES PUB ItoIKS MUN BLDG PUB WKS PUB WKS CITY GAR PUB WKS CITY GAR 94.02 FIRE PRO CITY GAR PARKS &- WATER DE SEINER DE 209.57 PROT INS MUN BLDG PUB WKS 7410 SHORELINE NURSERY FIELD ~4 MAINT-RET WALL PARKS & TREE AND BRUSH REMOVAL TREE MAl 7411 SHORE WOOD TREE SERVICE 7412 SMITH OFFICE EQUIPMENT COMPUTER CABLE GEN GOVT PLANNING COMM MINUTES PLANNING 7413 SNYDER, KATIE 7414 SO LK MTKA PUB SAFETY DEP SEPT CONTRACT PAYMENT 7415 TONKA BAY-CITY OF WATER USAGE 7416 US INEST UTILITIES 7417 VAN DOREN, HAZARD, STALL I PARK PLANNING SERVICES PARK PLANNING SERVICES PARK PLANNING SERVICES PARK PLANNING SERVICES PARK PLANNING SERVICES *** TOTAL FOR VAN DOREN, HAZARD, S 7418 VIKING INDUSTRIAL CENTER GAS MONITOR REPAIR 7419 WATER PRODUCTS CO. MTER REPAIR PARTS METERS AND ACCESSORIES *** TOTAL FOR WATER PRODUCTS CO. 7420 WEST SIDE REDI MIX, INC. CONCRETE 7421 lACK'S INDUSTRIAL SUPPLIE TARP STRAPS 5.00 45.68 5.30 23.32 14.64 1.59 3.49 2.91 108.30 13.90 9.68 74.78 86.42 10.00 56.11 650.00 1,345.00 12.69 100.00 POLICE P 30,675.18 WATER DE WATER DE 21.60 45.94 -------- 150.00 -------- 847.50 -------- OMOO -------- 424.25 -------- 563.54 1,985.29 PUB WKS 137.32 WATER DE 43.46 WATER DE 1,250.21 1,293.67 CITY GAR 123.00 PUB WKS 7422 MR. JOHN K. CULLEY REFUND-OVERPAID BLDG PMT -------- 7423 LEGAL COURIER SERVICE HARDING ACRES-COURIER SV -------- 28.00 18.50 39.00 . D;:~ TE 08/22/91 T I t'iE 09:54 aI TV OF SHORE WOOD CH~APPROVAL LIST FOR AUGUST 26, 1991 MEETING COUNi REPORT PAGE 4 CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- --------.----------------- ---------.----------.------ -------- ----------- *** TOTAL FOR BANK 00 *** GRAND TOTAL *** 85,253.10 179,505.88 . . . CHECK APPROVAL LISTING FOR AUGUST 26, 1.991. COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR AUGUST 1.3. 1.991. PAYROLL 205370 (G) Anne Latter 80 reg hours $ 703.76 205371 Void 205372 (L) Glenn Amland 15 reg hours 69.26 205373 (L) Scott Bartlett 14.5 reg hours 80.35 205374 (G) Barbara Brancel Mayor 187.10 205375 (G) Robert Daughety Council 140.32 205376 (G) -Charles Davis 82 reg hours 621. 90 205377 (G) Wendy Davis 80 reg hours 641.57 205378 (L) Kevin Foss 10.5 reg hours 55.27 205379 (L) John Fruth 28 reg hours 123.97 205380 (G) Robert Gagne Council 142.50" 205381 (G) Patricia Helgesen 80 reg hours 769.10 205382 (G) James Hurm 80 reg hours 1,419.48 205383 (L) Brian Jakel 43 reg hours 202.92 205384 (G) Dennis Johnson 80 reg hours 702.37 205385 (L) William Josephson 80 reg hours 612.39 205386 (L) Mark Karsten 15 reg hours 79.30 205387 (L) Susan Latterner 36 reg hours 175.57 205388 (G) Todd Latterner 80 reg hours 588.12 205389 (G) Daniel Lewis Council 140.32 205390 (G) Joesph Lugowski 80 reg hours 716.68 205391 (L) Robert Lynch 11. 5 reg hours 60.54 205392 (L) Russell Marron 44.5 reg hours 208.94 205393 (G) Lawrence Niccum 80 reg hours 614.79 205394 (G) Susan Niccum 80 reg hours-.5 ot 600.88 205395 (G) Bradley Nielsen 80 reg hours 866.68 205396 (G) Joseph Pazandak 80 reg hours 844.57 205397 (L) David Peterson 14.5 reg hours 69.07 205398 (G) Daniel Randall 80 reg hours 711. 53 205399 (L) Brian Roerick 7.5 reg hours 39.48 205400 (G) Alan Rolek 80 reg hours 957.43 205401 (L) Brian Rosenberger 14 reg hours 69.81 205402 (L) Christopher Schmid 80 reg hours 523.81 205403 (LL craig Scholle 15 reg hours 71.10 205404 (L) Erica Shaw 32.5 reg hours 142.26 205405 (L) Bret Spottke 23.5 reg hours 100.64 205406 (G) Howard Stark 82 reg hours 583.06 205407 (G) Kristi Stover council 142.50 205408 (G) Ralph Wehle 80 reg hours 565.73 205409 (L) Dean Young 80 reg hours 590.93 205410 (G) Donald Zdrazil 80 reg hours 1.054.92 TOTAL GENERAL 13,715.31 TOTAL LIQUOR 3.275.61 TOTAL PAYROLL 16.990.92 -5- CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, AUGUST 13, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:00 P.M. M I NUT E S CALL TO ORDER Vice Chairman Wilson called the meeting to order at 6:00 p.m. at Silverwood Park. ROLL CALL AT SILVERWOOD PARK Present: Vice Chairman Wilson, Commissioners Lindstrom, Vogel, Laberee, and Dzurak; Administrative Assistant Niccum; Council Liaison Lewis and Building Inspector Joe Pazandak Absent: *Chairman Andrus was in another meeting with Park Planner Koegler and Administrator Hurm regarding the Park Improvement Plan. Commissioner Christensen was out of town. SILVERWOOD PARK/SHADY HILLS PARK TOUR The Commission started with the access to Silver Lake. It appears to most of the Commission that the reeds are so thick and extend out so far that putting in a dock seems superfluous. The Commission then started fromsilverwood Park. They walked up and examined the sliding area, then continued on, following the sewer line up to Outlots A and B, both large City owned lots bordering Waterford Place, and part of the trail. Enroute, they made several discoveries. They crossed a barbed wire fence that Pazandak told them should be removed because barbed wire fences are against the ordinance. Pazandak pointed out the infringements on outlots A and B. The Commission then visited Shady Hills Park. They would be interested in dividing off two or three buildable lots and selling them, leaving the pond, and want to know if this can be done. 8:00PM.......MEETING BEGAN AT CITY HALL Present: Chairman Andrus, Commissioners Wilson, Vogel, Lindstrom, Laberee, and Dzurak; Administrator Hurm; Park Planner Koegler; Council Liaison Lewis and Secretary Niccum SHOREWOOD PARK COMMISSION MINUTES TUESDAY, AUGUST 13, 1991 - Page two APPROVAL OF MINUTES Laberee moved, Lindstrom seconded, Tuesday, July 29, 1991, as written. abstain. to approve the minutes of Motion carried - 4 ayes - 2 REVIEW DRAFT OF CITY-WIDE TRAIL PLAN Park Planner Koegler was present to review the draft of the plan with the Commission. He said the Municipal State Aid Street System has been chosen, and this affects the trail plan and will cause some changes (see attached). The State Aid program will pay for a 5' wide sidewalk along smithtown Road, Country Club Road, covington Road and Lake Linden Road. If the sidewalk is enlarged to 6' in width, it will cost another $1.50 per running foot, and if it is enlarged to 8' in width, it will cost $4.50 a running foot. Koegler gave smithtown Road as an example, stating the 6' sidewalk would cost approximately $18,000 in additional costs, an 8' sidewalk would cost $54,000. Administrator Hurm said it is important for the Park Planner, the Engineer, the Council and the Park commission to coordinate planning efforts. It is important for the Park commission to let the Council know what they want. He said the water issue determines the choice of streets, if water does not go in, this could change. The Commission asked if there would be boulevard in between the street and the sidewalk. Koegler said yes, when possible. They also wanted to know the life expectancy of a sidewalk. Koegler thought 20-30 years. Koegler said the State Aid includes retaining walls when necessary. The city could do about 1500 feet of roadway a year, Koegler said the State will not pay for bi tuminous sidewalk. Lewis expressed concern over the width of covington Road, saying it comes so close to the pond, and if too much fill is needed for the sidewalk, there won/t be fill for other purposes because the Army Corps of Engineers will only allow a certain amount of fill in the park. The Commission discussed different widths, wondering if busier streets should be wider. They then discussed the financial aspect. Koegler stated that 6' is a minimum width for a bike/walking trail. Laberee said anything wider than 6' would not be aesthetically pleasing, it would look like a road. Laberee moved, Wilson seconded, to recommend to the council that they accept 6' sidewalks. Motion carried - 6/0. Koegler will return to the Commission with a revised plan. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, AUGUST 13, 1991 - paqe three MARKING SILVERWOOD TRAIL Dzurak asked Koegler how the trail could be tastefully marked. Koegler suggested using 4" x 4" or 6" x 6" bollards with decorative caps on top and a maximum height of 3'. He said small plaques could be put on the bollards. TREES IN SILVERWOOD PARK ALONG COVINGTON ROAD Lewis would like to know if all the trees along the road will be cut down as part of the park plan. He said several people have expressed concern, they like the trees. USER FEES Administrator Hurm presented the Commission with a proposed plan, saying some of the information came from a "Proposed Park Facility Usage Plan" done by the Park commission in 1981. Lindstrom said 10 years ago he was really against user fees but he likes this plan. The Commission discussed other cities, Chanhassen's Lake Ann, etc., Wilson, Lindstrom, Hurm, Koegler and Jim Jones will meet and come up with a recommendation for charges. MATTERS FROM THE FLOOR Police Patrol of Parks The Commission would like to see the police patrol the parks, especially Freeman, on a regular basis. Freeman Park - Irriqation - North End Koegler said the irrigation is in and working, Public Works has been trained, and there is a two year warranty. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, AUGUST 13, 1991 - Page four Badger Warming House Niccum said the cement work has been done on the warming house. Now Public Works has to finish up, including installing three new doors. ADJOURNMENT Laberee moved, Lindstrom seconded, to adjourn at 9:35 P.M. Motion carried - 6/0. RESPECTFULLY SUBMITTED SusanA. Niccum Park Secretary I · . ATHLETIC FIELD USER FEES ATHLETIC FIELD USER FEES STATEMENT OF PURPOSE Shorewood's athletic fields had been developed to provide Shorewood/Minnetonka Community Services Area Residents with a place to spend their recreational time. Area residents should be able to use the fields at their convenience. Therefore, if fields are reserved for exclusive use by organizations, fees should be paid for that right. PROPOSED USER FEES . Youth Non Profit organizations within the Minnetonka community services Area - No Fee . Adult Non Profit Organizations within the Minnetonka Community Services Area - No Fee * . Profit Making Organizations within the Minnetonka Community services Area - One Base Fee . Youth Non Profit Organizations outside the Minnetonka Community services area - Base Fee times 2. 5 . Prof it Making organizations outside the Minnetonka community Services Area - Base Fee times 2. 5 . Adult Non Profit Organizations outside the Minnetonka community services Area - Base Fee times 2. 5 NOTE: To qualify as "within" the Minnetonka community services Area over 50% of the participants must reside within the service area. * Although adult non-profit organizations within the Minnetonka community services Area will not be charged a fee for field usage the following is suggested: . assist in improving the base field maintenance provided by the city . assist in capital Improvement program projects . consider "donating" at a base fee rate for field maintenance 8/13/91 al