052891 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL MEETING
TUESDAY, MAY 28, 1991
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
6:30 P.M.
A SPECIAL WORK SESSION WILL CONVENE AT 6:30 P.M. FOR THE PURPOSE OF
REVIEWING THE FINANCIAL AUDIT FOR THE YEAR 1991.
AGENDA
1. 7:00 P.M. - CONVENE REGULAR CITY COUNCIL MEETING
A. Pledge of Allegiance
B. Roll Call
Mayor Brancel
Gagne
Stover
Daugherty
Lewis
C. Review Agenda
2. APPROVAL OF MINUTES
A. Special City Council Workshop Meeting - May 6, 1991
(Att.No.2A-Minutes)
B. Regular City Council Meeting - May 13, 1991
(Att.No.2B-Minutes)
C. Continue/Board of Review Meeting - May 20, 1991
(Att.No.2C-Minutes)
3. CONSENT AGENDA
A. Motion to Accept and Approve the 1990 Audit Report
Gary Groen from Abdo, Abdo and Eick
(Att.No.3A-Audit)
B. Resolution Approving Liquor License - Vine Hill Market
(Att.No.3B-Resolution)
C. Resolution Approving Liquor License - Minnetonka
Country Club
(Att.No.3C-Resolution)
D. Resolution Approving Liquor License - American Legion
Post 259
(Att.No.3D-Resolution)
E. Resolution Approving Shore land Grant Agreement with the
DNR - State of Minnesota
(Att.No.3E-1-Agreement and
Att.No.3E-2-Resolution)
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CITY COUNCIL AGENDA - HAY 28, 1991
Page Two
4. COUNCIL CHAMBERS LIGHTING PROPOSAL - Letter from Lake
Minnetonka Cable Communicattons
(Refer Packet of May 13th)
5. PROPOSED RESOLUTION APPROVING FINAL PLAT AND AUTHORIZE THE
EXECUTION OF P.U.D. AGREEMENT - WATERFORD PHASE III
(Att.No.5-Proposed Resolution)
6. PROPOSED RESOLUTION APPROVING SALE OF BONDS CONCERNING OLD
MARKET ROAD INTERSECTION IMPROVEMENTS
(Att.No.6-Proposed Resolution)
7.
PROPOSED RESOLUTION AWARD BIDS
INTERSECTION IMPROVEMENT
OLD MARKET ROAD
(Att.No.7-Proposed Resolution)
8. RESOLUTION APPROVING SIMPLE SUBDIVISION/COMBINATION AND LOT
WIDTH VARIANCE
Applicant: Paul Almquist and John Askins
Location: 19355 and 19385 Shady Hills Road
(Att.No.8A-Park Minutes, Pg 5
Att.No.8B-Resolution)
9. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SHADY HILLS
DRAINAGE SYSTEM
(Att.No.9-Resolution)
10. REVIEW PROPOSED ORDINANCE AMENDING SECTION 903.03 OF THE
SHOREWOOD CITY CODE PROVIDING FOR WATER USE AND SERVICE AND
SCHEDULE A PUBLIC HEARING DATE ON ORDINANCE
(Att.No.10A-Proposed Ordinance and
Att.No.10B-Finance Memo)
11. A RESOLUTION ACCEPTING BID FOR WATER TREATMENT PLANT FOR
THE SOUTHEAST AREA TRUNK WATER SYSTEM
(Att.No.11A-Resolution and
Att.No.11B-Bid Tabulation)
12. MATTERS FROM THE FLOOR
13. STAFF REPORTS
A. Attornev's Reoort
1. Resolution Approving Preliminary Plat - Johnston's
First Addition
(Refer Packet-May 13th)
B. Enqineer's Reoort
CITY COUNCIL AGENDA - MAY 28, 1991
paqe Three
13. STAFF REPORTS - Continued
C. Planning Director's ReDort
1. Schedule of Public Works Site Improvements
D. Administrator's ReDort
1. LMC - Annual Conference
2. Binder Library of Upcoming Municipal Meetings for
City Council
3. Approve permanent transfer of funds previously
transferred from the General Fund to Park
Capital Improvement Fund
(Att.No.13D-3-Finance Memo)
14. COUNCIL REPORTS
A. Mavor Brancel
1.
B. Councilmembers
1. Request for Christmas Lake Eurasian Milfoil
Inspection (Stover)
(Att.No.14B-1-Inspection Form)
2. Discussion on Report - Senior Housing Task Force
(Gagne)
15. ADJOURNMENT SUBJECT TO APPROVAL - PAYMENT OF THE CLAIMS
(Att.No.15-Claims)
5/23/91
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EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL AGENDA
MAY 28, 1991
Please note the meeting is Tuesday evening. The Council meeting
will begin at 6:30 P.M. with a half hour work session on our 1990
Audit Report. Gary Groen, from Abdo, Abdo and Eick, will be
present and will review the Audit for the Council.
Item 3A. The Audit report should be accepted by Council motion.
Items 3B. 3C. and 3D. Each year by resolution the city awards
liquor licenses to Vine Hill Market, Minnetonka Country Club and
the American Legion Post 259.
Item 3E. The DNR has had some problems in coming to terms with six
of the fourteen Lake Minnetonka communities regarding the Shore land
Grant Agreement. So there have been some changes in the original
agreement which the City council passed by resolution earlier.
Those technical changes are outlined in an enclosed memorandum and
the new agreement highlights the changes.
Item 4. The Council has budgeted $3,000 for lighting improvements
for the City Council Chambers. There have been several experiments
to improve the lighting. Jennifer Watts plans to be present to
explain the current situation.
Item 5. Waterford Phase III - this resolution approves the final
plat and a final agreement which the Council has had in their hands
for about a week.
Item 6. Bond Counsel has prepared this resolution which is
necessary for the sale of bonds for funding the Old Market Road
Intersection improvements.
Item 7. A resolution is necessary to award the bid for the Old
Market Road improvement. The bid opening is Friday, May 24th, at
11: 00 A.M. The bid tab sheet and Engineer's recommendation will be
reviewed and made at the Council meeting.
Item 8. Both the Planning Commission and Park Commission has now
reviewed and recommended the Almquist and Askins' proposed
sUbdivision/combination and lot width variance. This needs to be
accomplished before awarding the contract on the Shady Hills
Drainage Project which is Agenda item number 9.
Item 9. with Agenda item number 8 completed the contract for the
Shady Hills Drainage Project can now be awarded to the low bidder
Widmer Inc.. The total construction cost is $19,073. 'l;'his project
will be financed by the General Fund. These monies will be repaid
to the General Fund through a special taxing district.
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Executive Summary - Council Packet
May 28, 1991
Page Two
Item 10. A proposed ordinance has been drafted which would allow
a special connection charge to the Shady Hills area when it is
hooked to our municipal water system to help pay for the water
treatment plant. This item should be discussed and considered
with Agenda item number 11. Please review carefully the Finance
memorandum on this issue. If the Council determines that Shady
Hills subdivision should not have to pay a special user charge or
connection charge neither this ordinance nor a related public
hearing would be necessary.
Item 11. The bottomline decision which needs to be made in regard.
to the water treatment plant is whether the contract should be
awarded to A & K Construction for $337,000 with a decorative block
exterior or to Rochon corporation for $347,900 with a brick
exterior. Both total bids include landscaping as designed by the
city's Park Planner.
Item 13A-1. A meeting must still be set with area residents to
discuss the problems with the wording of the resolution on the
Johnston's First Addition Architectural Review Board makeup.
Item 130-3. Finance Director Al Rolek reminds us that the Park
Capital Improvement Fund owes $26,000 to the General Fund. He is
asking the Council to make a final determination on this inter fund
loan. His recommendation is that this temporary transfer from the
General Fund to the Park Fund be made permanent.
Item 14B-1. Councilmember Stover has been asked by a
representative of the Christmas Lake Association to request the
city participate in the Eurasian Milfoil Inspection program as it
has done over the last several years.
Item 14B-2. Each member of the Council has received a copy of the
Senior Housing Task Force preliminary report. The Planning
Commission will review and comment on the report before it is
officially sent to the City Council. Councilmember Gagne can
briefly summarize the recommendations in the preliminary report.
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CITY OF SHOREWOOD
SPECIAL COUNCIL MEETING WORKSHOP
MONDAY, MAY 6, 1991
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Mayor Brancel called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Mayor Brancel, Councilmembers Stover, Lewis, Daugherty
and Gagne, City Administrator Hurm.
REVIEW AGENDA
The agenda was approved with no changes.
CONSIDERATION OF PROCEDURES IN ACQUIRING PROFESSIONAL SERVICES
A memorandum from Administrator James Hurm, dated May 6, 1991
concerning City Attorney options was reviewed. Questions were
raised concerning contractural arrangements, size of firm,
location, experience, residence, fee structure, services, and a
selection process. There was also a discussion on Administrator
Hurm's memorandum dated May 1, 1991, concerning attorney and
engineer requests for proposals. The Council concurred that
because of the technical nature of the engineering position a
committee should be formed to narrow the field to be interviewed.
The committee would consist of the Administrator, the Planner, the
Public Works Director, and two outside municipal engineers. The
Council would determine later how active they want to be in the
actual interview process.
During the discussion on engineering services Councilmember Lewis
stated that he feels it important that we go through this process
because of the cost of engineering services and because there are
specialized needs for parks, roads and underground improvements for
which different firms may be more qualified. R. Gagne and K. Stover
indicated that they are not interested in change. R. Daugherty
stated it is important that we follow through with the requests for
proposal process. It is important to listen to proposals to see
what is out there. It was the consenses of the majority of the
City Council that the selection process for engineer and attorney
be continued. It is the goal of the Council to hire the best
engineering services and legal services for the City of Shorewood.
The proposals for legal services were distributed to the members of
the Council who will review them individually and rank them. The
rankings will be turned over to the Administrator Monday, May 13th.
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CITY OF SHOREWOOD
COUNCIL WORKSHOP MEETING
MAY 6, 1991 - PAGE 2
The Administrator will then review the results with the composite
rankings with the Mayor. Selection criteria and interview format
will still have to be developed.
The Administrator will begin to establish a selection committee for
engineering services.
ADJOURNMENT
There being no further business the meeting was adjourned at
9:00 P.M.
RESPECTFULLY SUBMITTED,
Mayor Barbara Brancel
JJ mes C. Hurm
ity Administrator
CITY OF SHOREWOOD .
REGULAR CITY COUNCIL ME G
MONDAY, MAY 13, 1991
COUNC~~AMBERS
5755 ~RY CLUB ROAD
PAGE 1
M I NUT E S
CALL TO ORDER
Mayor Brancel called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty
and Lewis, City Administrator Hurm, City Attorney Froberg,
City Engineer Dresel, City Planner Nielsen and City Finance
Director Rolek.
REVIEW AGENDA
Stover moved, Daugherty seconded, to approve the agenda with the following
corrections:
1. Engineer Dresel asked that item 14 be deleted.
2. Mayor Brancel asked that item 8 be deleted.
Motion carried - 5/0.
APPROVAL OF MINUTES
A. Special City Council Meeting - March 4, 1991
Gagne moved, Stover seconded, to approve the Special City Council
Minutes of March 4, 1991 with the following corrections:
1. The last paragraph should include "and to authorize the Mayor
and City Clerk to sign the contract on behalf of the Council."
2. The adjournment was moved by Gagne and seconded, by Brancel
to adjourn the meeting at 9:15 P.M.
Motion carried - 5/0
B. Regular City Council Meeting - April 22, 1991
Gagne moved, Daugherty seconded, to approve the Regular City Council
Minutes of April 22, 1991 with the following corrections:
1. Pg. 9, 2nd to last paragraph, Dresel asked that the paragraph
be changed to reflect the following: The preliminary plan
proposed three stop signs at the Old Market Road/Frontage Road
intersection. After input from the Task Force and Council
there will be a stop sign for traffic entering from HWY. 7.
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CITY OF SHOREWOOD ~..
REGULAR CITY COUNCIL MEIIJNG
MONDAY. MAY 13. 1991
COUNC Ia:HAMBERS
5755 OIINTRY CLUB ROAD
PAGE 2
2. Councilmember Lewis asked that last paragraph in REQUEST FOR
FUNDING POLICE SERVICE be changed to say that "EXCELSIOR will
have to handle their own financial crisis."
Motion carried - 5/0.
CONSENT AGENDA
RESOLUTION NO.
Stover moved. Lewis seconded. to adopt RESOLUTION NO. "A Resolution
Approving the Election of James C. Hurm to be Excluded From the Public
Employees Retirement Association."
Motion carried - 5/0
PARK COMMISSION
Lewis said there was no Park Commission meeting.
PLANNING COMMISSION
Councilmember Stover said the Almquist/Askins and Gideons Cove agenda items
are recommendations from the Planning Commission meeting.
REQUEST SANITARY PUMP-OUT - HOWARD'S POINT MARINA
JERRY BRECKE - 27450 PINE BEND
Brecke said he is a Board Member of Howard's Point Marina. He said the
LMCD asked Howard's Point to provide a sanitary pump-out at their facility.
Brecke said he didn't think it necessary to send this request through the
Planning Commission. Howard's Point will provide this pump-out as a
service to the lake area.
Planner Nielsen said Howard's Point requested this pump-out in 1985 and was
told they must apply for a variance to the nonconforming use provisions of
the zoning ordinance, or apply for a rezoning to Lakeshore Recreational
District. They have not applied for either.
Nielsen recommended they make their request through the Planning Commssion.
Stover and Brancel agreed.
Councilmember Gagne said the Marina must replace it's gas tanks and he
recommended granting a one year permit for the pump-out contingent upon the
replacement of the gas tanks.
Brecke said the Marina will not pursue a variance and will drop the pump
idea.
Brancel said a permit could be granted if the Marina agrees to apply for
rezoning.
Nielsen said the Marina does not want to spend the money to bring the
operation into compliance.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ~NG
MONDAY. MAY 13. 1991
COUNC .CHAMBERS
5755 'lrNTRY CLUB ROAD
PAGE 3
Councilmember Daugherty asked what the structure will look like.
Brecke said it is a small structure 2 x 3 1/2 ft. high and 1 to 2 ft. wide.
and it will pump directly into the septic system.
Brancel said the Council has been advised that the variance will need a
public hearing.
Stover moved. Lewis seconded. to direct Howard's Point Marina to apply for
a variance for a pump-out station to the Planning Commission and return
for Council consideration at the second meeting in June.
Motion carried - 3/2 (Daugherty and Gagne)
Daugherty said the pump-out and gas tanks are two separate issues and that
the LMCD asked Howard's Point to install the pump-out. He said the request
should be expedited but he does not want to circumvent the Planning
Commission.
Stover said there are many places to pump-out on the lake.
Brecke said this will be the only one on the upper lake. He also asked
what the fee will be to apply to the Planning Commission. Nielsen said it
will be $125.00.
REQUEST FOR WAIVER OF "NO PARKING" RESTRICTIONS - CHRISTMAS LAKE ROAD
Diane Bruce appeared at the Council meeting and requested a waiver of the
"No Parking" restriction on Christmas Lake Road north of 5885 Christmas
Lake Road for 1000 Ft. during the Parade of Homes Sept. 8 to Sept. 22 from
1:00 P.M. to 6:00 P.M. on weekends and 3:00 to 8:00 P.M. on weekdays.
Nielsen said this same request was granted last year for one side of the
road and there was no problem.
Stover moved. Gagne seconded. to approve lifting the "No Parking"
restriction on Christmas Lake Road north of 5885 Christmas Lake Road for
1000 ft. during the Parade of Homes. Sept. 8 to Sept. 22 from 1:00 P.M. to
6:00 P.M. on weekends and 3:00 to 8:00 P.M. on weekdays.
Motion carried - 4/1 (abstain)
HOUSE MOVING PERMIT
Applicant:
Location:
Kevin and Gerri Kuester
5885 Christmas Lake Road
Dresel said he met with the house moving company and the weight estimates
are acceptable.
Stover said the Planning Commission approved the permit.
Stover moved. Lewis seconded. to approve the house moving permit for Kevin
and Gerri.Kuester. 5885 Christmas Lake Road.
Motion carried - 5/0.
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CITY OF SHOREWOOD .
REGULAR CITY COUNCIL ME NG
MONDAY. MAY 13. 1991
COUNC I~HAMBERS
5755 OIINTRY CLUB ROAD
PAGE 4
Nielsen said the Planning Commission suggested they move the house at
night. If the moving company does this, they will need the permission of
any homeowner whose property they park on.
SIMPLE SUBDIVISION/COMBINATION
AND LOT WIDTH VARIANCE
Applicant:
Location:
Paul Almquist and John Askins
19355 and 19385 Shady Hills Road
Nielsen said the Park Commission has not seen this proposal.
Stover said the Planning Commission has approved this proposal.
Lewis moved. Gagne seconded. to direct the City Attorney to prepare
findings of fact approving Subdivision and Combination of Real Property and
lot width variance and send the proposal to the Park Commission for their
recommendations. II
Motion carried - 5/0.
INFORMAL DISCUSSION - PROPOSED P.U.D. - GIDEON'S COVE
Stover said the Planning Commission had a lot of discussion regarding this
proposal. One of the commission members wanted the Boyers to continue with
the current plan. The Commission agreed that a P.U.D. would be acceptable
but they thought the density was too high. They thought that the target
group of 55 and older was not really "elderly housing". There was also
concern about the short driveways entering onto Lawtonka.
BOB BOYER - REPRESENTING JOE BOYER CONSTRUCTION
Boyer said the original development plan was to build single family,
detached, upper bracket homes on the property.
He said the demand is not there for this type of home now and there has
been an increased demand for housing for citizens 55 and older. He said
right now this age group is leaving the area and the state. These
residents want housing that is maintenance free, secure and they want to
remain part of a neighborhood.
Boyer said their company thinks this property would be ideal for this type
of housing.
Gagne said there have been questions about the parking available on
Lawtonka.
Boyer said they used this design for the houses because they wanted to
avoid destroying the trees along the Hiking Path.
Nielsen said the housing density of the project has been lowered since the
Planning Commission hearing in March but there are still issues that need
to be addressed. He said Boyer has used R.O.W. property to calculate
density and that will have to be deleted.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ME~G
MONDAY. MAY 13. 1991
COUNCI~HAMBERS
5755 C~RY CLUB ROAD
PAGE 5
Stover asked Boyer if he has talked to the neighbors about this project.
Boyer said he was waiting for input from the Council.
Gagne. Brancel and Lewis said the density is a problem and he should talk
to the neighbors.
Nielsen said there are other problems with the density. such as crowding
and traffic problems. There will be a traffic problem even if the density
is less. He said Timber Lane is a substandard road.
Brancel told Boyer to talk with the neighbors. consider lowering the
density and lengthen the driveways.
APPEAL NOTICE TO REMOVE
Applicant:
Location:
Jack Dennis
5665 Echo Road
Gagne moved. Stover seconded. to approve a thirty (30) day extension for a
Notice to Remove for Jack Dennis.
Motion carried - 5/0.
RECEIVE BIDS - S. E. AREA WATER TREATMENT PLANT
Finance Director Rolek explained to the Council that the assessment. per
parcel. for the S. E. Area Water Treatment Facility will be $1600 not the
$1330 previously stated.
The Shady Hills area was previously included in the feasibility study.
However. they were not included in the mailings for the public hearing and
they are not served bY the southeast area water system. Therefore. the
parcels to be assessed are 414 not the 500 previously stated.
Gagne asked how will the City will charge the Shady Hills residents when
they do hook-up.
Stover said the various water systems in the City each pay differently.
Lewis said the original developer should have paid for the treatment plant.
He said the Council needs to decide if Shady Hills is part of the system.
Gagne said Shorewood does have a water system and it will spread.
Rolek said another assessment hearing must be held for Shady Hills.
Nielsen and Dresel said Trivesco will run a pipe to the Shady Hills area.
He also said Shady Hills could be charged a hook-up charge when Shorewood
requires them to hook-up or defer a portion of the assessment to account
for new users.
Daugherty said it makes sense to assess Shady Hills if they are to be part
of the system.
Lewis asked Nielsen if the current well has the capacity to handle the
addition of the Shady Hills area. Nielsen said it can handle the entire
eastern section of town.
Administrator Hurm said the staff can have new numbers for the Council at
the next meeting.
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CITY OF SHOREWOOD .
REGULAR CITY COUNCIL ME NG
MONDAY. MAY 13. 1991
COUNC Ia;HAMBERS
5755 OIINTRY CLUB ROAD
PAGE 6
Lewis moved. Gagne seconded. to restructure the S. E. Area Water Treatment
assessments to include a hook-up charge for future residents.
Motion carried - 5/0.
Lewis asked Attorney Froberg if a hook-up charge is proper. He said a
public hearing does not have to be held to establish a hook-up charge.
Froberg said the City must have a reasonable basis for the charge and
justify the cost.
MIKE BUECHLIN - 23120 SUMMIT
He said that the assessment for water can be prorated.
FINAL PLAT/FINAL PLAN/P.U.D. AGREEMENT - WATERFORD PHASE III
Froberg reviewed a draft of the Final Plat/Plan and P.U.D. Agreement for
the Waterford Phase III.
Lewis asked what action needed to be taken.
Froberg said he was updating the Council on the latest developments.
He explained the changes in the Planned Unit Development Agreement and the
Declaration of Covenants, Conditions, Restrictions and Easements for
Waterford Townhomes.
Froberg said the Sewer Equalization charge was computed based on the
current code. This amounts to $1422.55 for this stage of the project.
BREAK
8:55 TO 9:05
Lewis said he needed time to read and understand the Declaration of
Covenants and Conditions. He said the Traffic Task Force should also look
at the document.
He asked Froberg to highlight the differences between this agreement and
the 1985 agreement.
Froberg said the 1985 agreement is a general development agreement for the
entire Waterford project, whereas this agreement is a Planned Unit
Development Agreement specifically for the third phase of the project.
JOHN ASKINS - 19385 SHADY HILLS ROAD
Askins asked who is on the Traffic Task Force and how he can get on it.
Lewis said a list was provided to the Staff.
Gagne and Stover said they would like to see the list.
Stover said the Council should approve this list
RIGHT-OF-WAY PERMIT
Applicant:
Location:
Michael Buechlin
23120 Summit Ave.
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CITY OF SHOREWOOD .
REGULAR CITY COUNCIL ME NG
MONDAY. MAY 13. 1991
COUNC I-=HAMBERS
5755 ~RY CLUB ROAD
PAGE 7
Buechlin appeared and requested permission to install an inground
sprinkling system within the City R.O.W.
Brancel said the City had a similar problem with a system in Near Mountain.
She said when the City had to repair a watermain they cut the sprinkling
system.
Dresel said he would not recommend having too many other utilities within a
R.O.W. He said there can be problems locating them when repairs have to be
made.
Nielsen said allowing this permit will set a precedent.
Buechlin said he is willing to sign an agreement not to hold the City
responsible. He also stated that the sprinkler system was already
inadvertently installed by the builder and would have to be removed.
Stover said there has been a lot of discussion on the private use of R.O.W.
and the Council will have to either amend the Ordinance or say no.
She also said the Public Works Department is against the use of the R.O.W.
Stover moved. Gagne seconded. to deny the request for use of the City
R.O.W. to Michael M. & Mary R. Buechlin.
Motion carried - 4/1 (Lewis)
PROPOSED ORDINANCE - ORDINANCE NO.
ESTABLISHING UTILITY CHARGE FOR SPRING CLEANUP
Nielsen said the costs of the cleanup could exceed the $10.00 per household
charge.
He reviewed the proposed Ordinance and included the following changes:
1. Household rubbish is included in the curbside pickup.
2. The fee will not exceed $10.00 per household.
3. The date of the pickup will be determined each year.
Nielsen said the pickup can be done in one weekend.
Gagne moved. Stover seconded. to wave the first reading and adopt ORDINANCE
NO. "An Ordinance Amending Chapter 507 of the Shorewood City Code Relating
to Refuse Collection and Disposal."
Motion carried - 5/0
SUPPORT HENNEPIN COUNTY PARK BOARD ELECTIONS
RESOLUTION NO.
Lewis moved. Gagne seconded. to adopt RESOLUTION NO.
Supporting Suburban Hennepin Parks Legislation. II
"A Resolution
Motion carried - 5/0 on a roll call vote.
MA TTERS FROM THE FLOOR.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL MEmlJNG
MONDAY, MAY 13, 1991
COUNC IWHAMBERS
5755 QllNTRY CLUB ROAD
PAGE 8
Bob Rascop, LMCD representative, told the Council that Greenwood is suing
the DNR to prevent dredging of the lake for Shorewood resident's docks on
St. Alban's Bay. The docks are unusable at the current lake level.
He said he will vote against the dredging because it means destroying
wetlands. He said the LMCD does not approve of the dredging.
Rascop had no other information for the Council.
Michael Buechlin returned and asked the Council if there was any other way
to amend the City Ordinance on R.O.W., such as a C.U.P.
Nielsen said a C.U.P. does not extend to the R.O.W.
Brancel said any amendment would set a precedent and open up many problems.
Daugherty asked if a temporary permit could be issued, it will be expensive
for Mr. Buechlin to remove the sprinkler system.
Buechlin said this will encourage slight of hand installation of these
systems because there is no provision for below grade sprinkler systems.
Lewis said Buechlin is being singled out.
Nielsen said many people have asked for the systems and changed their plans
to accommodate the Ordinance.
STAFF REPORTS:
A. ATTORNEY'S REPORT
1. Regarding Resolution No. 42-91 Approving Preliminary Plat - of
Johnson's First Addition
Froberg said stated that a problem could arise by requiring that
Trivesco be the Architectural Review Committee for approving plans for
Johnson's First Addition. He stated that although the City can require
approval by the City, it can not delegate the authority to approve
Johnson's plans to another developer, such as Trivesco.
He said Nielsen's original memo stated that Johnson's Declaration of
restrictions and covenants should be "similar", not the "same"as
Waterford's, which specify Trivesco as the Archtectural Review Committee.
Stover asked how the City can accomplish what the Planning Commission
intended.
Nielsen said the issue is the makeup of the Architectural Review
Committee.
Lewis moved, Gagne seconded, to table the matter and get
recommendations from the Waterford neighbors about the makeup of the
Architectural Review Committee for the next City Council meeting.
Motion carried- 5/0.
B. ENGINEER'S REPORT
No report.
C. PLANNING DIRECTOR'S REPORT
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ~NG
MONDAY, MAY 13, 1991
COUNCaCHAMBERS
5755 ~TRY CLUB ROAD
PAGE 9
Nielsen reported that the Spring Cleanup curbside pickup would
be the first weekend in June.
He said the soil borings have been done at the new Public Works
site. A schedule will be set up for completion of the salt shed.
D. ADMINISTRATOR'S REPORT
No report.
COUNCIL REPORTS.
A. MAYOR BRANCEL
No report.
B. COUNCILMEMBER GAGNE
No report.
C. COUNCILMEMBER'STOVER
No report.
D. COUNC I LMEMBER LEWI S
No report.
E. COUNCILMEMBER DAUGHERTY
No report.
ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS
Daugherty moved, Gagne seconded, to adjourn the meeting at 10:40 P.M.
Motion carried - 5/0.
GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02
Checks issued since April 18, 1991
Check No. 6631-6699
LIQUOR
$ 43,922.44
GENERAL
TOTAL CHECKS ISSUED
$ 56,1148.28
$100.070.72
Checks for Council approval
Checks No. 6700-6760
TOTAL CHECKS FOR APPROVAL
9
CITY OF SHOREWOOD ...
REGULAR CITY COUNCIL MEIIJNG
MONDAY. MAY 13. 1991
CHECK REGISTER FOR APRIL 23. 1991 PAYROLL
Checks no. 205069/205101
LIQUOR
$3.123.94
CHECK REGISTER FOR MAY 7. 1991 PAYROLL
Checks No. 205102/205143
LIQUOR
$3.034.49
RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
CITY ADMINISTRATOR JAMES HURM
10
COUNCra:HAMBERS
5755 ~RY CLUB ROAD
PAGE 10
$ 68,711.29
TOTAL CHECK APPROVAL LIST
$168.782.01
GENERAL
$10,805.02
TOTAL CHECKS ISSUED
$13,928.96
GENERAL
$13,190.70
TOTAL CHECKS ISSUED
$16,225.19
MAYOR BARBARA BRANCEL
CITY OF SHOREWOOD .
CONTINUE BOARD OF REVI
MONDAY. MAY 20. 1991
COUNC:AcHAMBERS
5755 ~RY CLUB ROAD
PAGE 1
M I NUT E S
CALL TO ORDER
Mayor Brancel called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Mayor Brancel~ Councilmembers Gagne~ Stover~ Lewis~
City Assessors Rolf Erickson and David Wild.
Councilmember Daugherty arrived at 7:10 P.M.
REVIEW AGENDA
Agenda was approved by Councilmembers.
APPROVAL OF MINUTES
A. Continue/Board of Review Minutes - May 1, 1991
Gagne moved, Stover seconded, to approve the Board of Review Minutes of May
1, 1991.
Motion carried - 4/0
Gagne moved, Stover seconded, to appr"ove the recommendations of the City
Assessor for change in assessment as follows:
NAME
PID #
RECOMMENDATION
1.
2.
3.
4.
5.
6.
7.
Dan James
Janice Check
Erik Johnson
Edward Soner
Robert Nygaard
Raymon Brockhouse
Paul Kaster
36-117-23-13-0022
31-117-23-11-0007
35-117-23-31-0007
29-117-23-43-0006
30-117-23-31-0002
29-117-23-44-0012
28-117-23-33-0024
$409.500
No Change
$82.900
$139.600
$155,600
$260.800
$58,300
Motion carried - 4/0
DALE PIXLER - 4325 ENCHANTED LANE
Pixler appeared and asked that his assessment be lowered because there is
1000 ft. of milfoil on the lake in front of his house.
He said that houses on Lake Minnetonka are selling for $20~000 less if
there is a milfoil problem.
_c'''''\.
/) (-...:J
.I '
/
~....".,..,;
1
CITY OF SHOREWOOD ...
CONTINUE BOARD OF REVI~
MONDAY. MAY 20. 1991
COUNCI~AMBERS
5755 C~RY CLUB ROAD
PAGE 2
Assessor Erickson said the milfoil may make a difference in the value but
he has seen nothing concrete that indicates that milfoil causes the drop in
value.
Stover asked if Erickson could check for comparables. She said she heard
of a house that sold for $100,000 less because of a milfoil problem.
Erickson said there have been no sale since 1989 to compare.
Gagne said he aqrees the milfoil is a problem, however, he thinks Pixler
should go to the County for an adjustment. He said the County should
handle these adjustments.
Gagne moved, Stover seconded, to approve the assessor~s recommendation for
"No Change" in the Pixler assessment.
Motion carried
3/1/1
(Lewis nay, Daugherty abstain).
Pixler said very few bays on the lake have milfoil as heavy.
Stover said the milfoil should be taken into consideration in the
a.ssessment.
Erickson said he would like to look at the property and the sales in the
area.
Lewis said there should be some sort of adjustment. He said the Council
could talk to the County about some sort of compromise.
Brancel said she could talk to the County Commissioners about an adjustment
in assessments for milfoil on lake area properties.
Erickson said that having a like pair of sales to establish value will be
the l1est hel p.
STEWART FINNEY - 19710 CHART WELL HILL
Finney asked for a reduction in his assessment because the James house,
which was reduced in value, is directly across the street. He said the
James house is much larger and is down 25% in value.
Finney said the housing sales in Waterford are down and therefore his
assessment should not rise.
Erickson said some of the sales in the area are distressed sales and
relocations. He said the James house was harder to sell because the
upstairs is very odd. He said sales have been up in the area. He cannot
use new housing prices for assessment purposes and must use current sale
prlces.
Finney said he probably would not get his money out of his house if he sold
it now.
Daugherty asked Erickson if he adjusted other area residents
Erickson said he looked at 6 properties and adjusted 4.
Daugherty asked what leeway the Council has.
Gagne said the Council can do what it thinks best.
Lewis said a person must sell his house in order to prove that his
valuation is too high. He said the land value will not be worth as much
after July.
Daugherty wanted to lower the value to $297,822.
2
CITY OF SHOREWOOD ~
CONTINUE BOARD OF REVIEII'
MONDAY. MAY 20. 1991
COUNC~HAMBERS
5755 ~RY CLUB ROAD
PAGE 3
Brancel said there could be repercussions because the Council has
the recommendations of the City Assessor in previous complaints.
to send residents to the County for any further disputes.
Erickson said the Waterford area will be reevaluated next year
taken all
She wants
Daugherty moved, Lewis seconded, to readjust the assessed value of the
property at 19710 Chartwell Hill from $303,900 to $295,000.
Motion carried - 3/2 (Brancel, Stover)
FRANCIS FALLON - 1050 HOLLY LANE
Fallon said his neighbor receive a reduction in assessment last year and he
thinks he should have a reduction.
He said he only knows of one sale in the area in recent years. He also
said the house is an old farm house with many out buildings which he thinks
reduces the value of the lot.
Erickson said he thought Fallon's neighbor's property was reduced too much.
Gagne moved, Lewis 'seconded, to approve the assessor~s recommendation for
reduction in the value of the property at 1050 Holly Lane to $373,900.
Motion carried - 5/0.
The following properties were on the local board list but no action was
taken:
1. Lewis and Linda Tilton - 36-117-23-24-0013
2. Don Wambold- 31-117-23-12-0015
3. Robert & Joyce Hegstrom - 31-117-23-12-0015
ADJOURNMENT
Gagne moved, Stover seconded, to adjourn the Board of Review at 8:20 P.M.
Motion carried - 5/0
RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
-
.~
.
.
RESOLUTION NO
RESOLUTION APPROVING NON-INTOXICATING MALT LIQUOR LICENSE
WHEREAS, the Shorewood city Code, section 402.02, provides for
the licensing of the sale of non-intoxicating malt liquor in the
City; and
WHEREAS, said code provides that an applicant shall complete
an application, and fulfill certain requirements concerning
insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed
the application and has fulfilled the requirements for the issuance
of a license for the "off sale" of non-intoxicating liquor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
1. That a license for the "off sale" of non-intoxicating malt
liquor be issued for a term of one year, from June 1, 1991, to May
31, 1992, to the following applicant:
Ap?licant Name
Address
Vine Hill Market
19215 State Highway 7
Shorewood, MN 55331
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day
of May, 1991.
Barb Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
3.8
.
.
RESOLUTION NO.
J
INTOXICATING LIQUOR LICENSE
horewood City Code, Sections 402.02 and 403.05,
icensing of the sale of intoxicating liquor in
res a special license for Sunday sales; and
provides that an applicant shall complete
fulfill certain requirements concerning
shall pay a licensing fee; and
NOW';iTH~.E~ORE, BE IT RESOLVED by the City Council of the City
orewoodyas~follows:
"t'j~.\ii!~'ij.~i
1.<PThat..,license for the "on sale" of intoxicating liquor
a speci~llic:.~nse for Sunday sales be issued for a term of one
from ..' June 1, 1991, to May 31, 1992, to the following
Address
Club
24575 Smithtown Road
Shorewood, MN 55331
COUNCIL OF THE CITY OF SHOREWOOD this 28th day
Barb Brancel, Mayor
3L
.
.
RESOLUTION NO
i
-_-.J
RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE
WHEREAS, the Shorewood City Code, Sections 402.02 and 403.05,
provides for the licensing of the sake of intoxicating liquor in
the City and requires a special license for Sunday sales; and
WHEREAS, said code provides that an applicant shall complete
an application, shall fulfill certain requirements concerning
insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed
the application and has fulfilled the requirements for the issuance
if a Special Club license for the "on sale" of intoxicating liquor
and for a Special License for Sunday sales.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood as follows:
1. That a Special Club license for the "on sale" of
intoxicating liquor and a Special License for Sunday sales be
issued for a term of one year, from June 1, 1991, to May 31, 1992,
to the following applicant:
Applicant
Address
American Legion Post #259
24450 Smithtown Road
Shorewood, MN 55331
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day
of May, 1991.
Barb Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
Roll call vote:
ayes -
nays -
3D
~.-- MAY-22-' 91 WED 0:3: 55 ID: METROPOLITAf'.1 COU~ICIC: TEL-NO':"'6122916550 -
. .
1:*302 POl
METROPOLITAN COUNCIL
Mean PlUk Centre, 230 E Fifth St., St. Paul, Minneaots 55101-1634
612.291-6359
DATEI May 21, 1991
TOI Jim Hurm, City Administrator. City of Shorcwood
FROMs Jim Uttley, Senior Planner, 291-6361
SUBJECI'IGrant Ajreement between DNR/LMCD and Lake Minnetonka Cities
Greeililpl
Attached is a copy of the original grant Agreement (as signed by Shorewood) with the old
unwanted language in bold and overstruck, and the new revised language in bold. This version
should make it easier to identify the differences. Also. attached are Highlights of DIfferences...
between the two versions of tbe Agreement, which might help in making a presentation to the
city council.
If you would like someone at the meeting from the LMCD. please let me know. Thanks for your
help; sorry to complicate your first few days on the job. Warm regards. jpl,l,
This Is page 1 or a total of 13 pages being FAXed under this
cover.
3E-/
MAY-22-'91 WED 08:55 ID:METRO.TAN COUNCIL TEL 1'10:612 2'31 6550.
1:*302 P02
IDGHLlGHTS OF Dl.ll'jH:!ad~NCES BETWEEN ORIGINAL DNR AGREEMENT AND
SHORELAND GRANT AGREEMENT WITH PROPOSED REVISIONS 5/1/'1
Reviled Agreement:
1. Drops reference to the lake management plan, because the final content of the plan is still in
dJapute at thia time.
2. Adds "whereas" language reflecting the Underlying Principles adopted by the LMCD in response
to concerns expressed by citi~ over the language in the management plan.
3. Adds language re: ordinance certification checklist, fonnerly only in the LMCD responsiblllty
aeetion.
4. Oarlfies designation of technical reps by cities.
S. Focuses technical committee on shoreland ordinances not comprehensive lake plan.
6. Clarifies authority or cities.
7. Clarifies and broadens agreement language about providing copies of the proposed ordinances
to al114 lake cities. 'This language reflects DNR's Attorney-General staff interpretation of the
DNR rula...that adjacent, affected cities have right to comment on (approve or disapprove) a
city's ordinance language, but do not have the right to veto. DNR commissioner retains final
approval.
S. Clarifies when DNR review must be completed.
9. Changes LMCD coordination role. LMCD provides technical consultant on shoreland ordinance
to cities on request; otherwise services the technical committee.
10. Makes some changes In language regarding documentation by cities and LMCD on costs.
11. Provides 1/2 of funds to cities at start of process, rather than at end.
.!h:~
MAY-22-"31 I""ED 08:56 ID:METROPOLITAH COUHCIL TEL 1'10:612 291.6550
. .
1:;302 P03
. "
STATE OF MINNESOTA
DEPARTMENT OF NAruRAL RESOURCES
SHORELAND GRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Minnesota, acting by and through the
Commissioner of Natural Resources. (DNR), hereinafter referred to as the IISTATE"; and the Lake
Minnetonka Conservation District" hereinafter referred to u the "LMCD"; and, the cities of
Deepbaven, Excelsior, ~ MiDnclonka. Minnelonka Beach, Minnctriata, Mound, ~110,
Shorewood, SpOOl Park, Tonka Bay, Victoria, Wa~ta and Woodland, hereinafter referred to as the
"Cities",
WITNBSSE'IH~
WHEREAS, the State has been granted certain responsibility for regulation of shoreland
to3e-
development, as provided by Minnesota Statutes 105.485 and Minnesota Rules parts 6120.2500
through 6120.3900 pertaining to "Statewide Standards for Management of Shoreland Areas"; and
WHEREAS, the State is authorized by the Laws of 1989, Chapter 335, Article 1, Section 21,
Subdivision 3 to provide grant assistance for local governments to adopt shorcland management
ordinances commtent with statewide standards; and te denIs, ...,......w. l.lie ..BIIBlI.t
........... p~.., ...
WImREA~ SIM I..Ma;J HI ,",aNd a lAlk. Mia.eteR- CeBlpNklBslve Lake MaRaeeaeBt
P18. wWell. iMl1IdM . at",..,. fer slleJIIlaa. &N8 lIIa81111..1._ ..ad
WlmK&\~ a eeePdlaaYd, e9JBpNJieBsh'. appP88eh 19. skeNlalWl IiM.daNS fer tll.
s)ae..laM a.... ell..ake MiIl.etellks wnt PMlIlt bl peaia.. Saeal 188slstea"" Slid aeeeptaBM af tile
.........1.' ...
WHEREAS, . roordlDateel approach to the manaacment ot shoreJandl on Lake MJnnctonka
.. D....... to deal wlth the complexl_ ami dl_ amoq th~~ e1lJ SllorelaDd
cmlt...CMJ ud
1
MAY-22-' 91 WED 08: 57 ID: METROPOLITAN COUNCIL TEL t'10: 612 291 6550
. .
1:*302 P04 ...
WHEREAS, the LMCD il an oraanlzatfon responsible for tbe waten management of Lake
MI_1ra, _ oelIvIIJ Oil which 1n..,1... all ~rlee~i~o'" e11\e1J aDd
WHEREAS, the WCD has qreed to coordinate the grants admlDtstratJon ael tedllrleaI
revltws of the Cities ahorel8Jld lIlall8pJDeDt ordlnuces; ud
WHEREAS, the LMCD and the Cities have submitted an application for grant assistance.
NOW THEREFORE. it is agreed by and between the parties hereto:
L LOCAL GOVERNMENT RESPONSIBILITY
A. CITJBS' RBSPONSmILITY
1. Shoreland Ordinance Adoption. Perl\IlBBeseia Rllle6l~ paR 'UD.i2890, s.tapeR 2.~ ..11
..reM Daee_llIer 1 ~ lP9~ .118 CUlM likall adept a A.8P1lsBd JIla.alemell. 8,.1I.all. ..Ilatell. wltla
_i8Md, salttlaNll. The Cities agree, that on or before December 10, 1992, each shall adopt a
ahoreland management ordinance consistent with Minnesota Rules 6120.2800.
2. Documentation of Eli~ble Costsr The Cities sHD win document all eligible costs defined
in section n.A. of this ail'eement, and report them to the LMCD for payment.
3. Ordinance CertlftcattOD Checklist. Within the adoption schedule described In l.A.l.
above, each of the Cldes will document completion of the tasks and return the attached ordinance
certUkatJoD checldJlt to the LMCD for transmittal to the State.
M. DeslpatloD of Technical Representative. The Cities 8HH will desiil18te in writing
their bldlvidual representative, If any, to the ute>> Technical Review Committee, wbleh to the
extent pradkable ,nO be City staff normally charaed wltb land use plaDnina aDd zonlna
..smbdandoD.
4.5. PaTtI~lpatloD in the T~hnical Committee. The Cities will to the extent practJeal
actively participate SlIfe. OD the l.MCD Technical Review Committee, providing available
documentation as necessary to asstet IB ill. IItwl..,plBeat et a ea.,..Il'RlJlve lake pI.. allow the
2
~8Y-22-'91 WED 08:57- ID:METROPOLITRN COUNCIL TEL NO:612 291 6550
. .-
l=t302 P05
CGmmfUee to can')' out Us tcchmQt] review of aDY alternative laquage pron.loDs of Individual city
IhoreJaDd ordlDaDCCI for CODslsteJlq' with DNR staDdarda sDd tOI' compadblUty betWeen dUes.
6. ClarlftcatlOD of Authorlty~ Nothiq ID this agreeJlleDt shaJJ ba AD)' WIly remove or
abridge the authority aDd rellponslblUty of each Indh1dual city to adopt a shoreland ordlDance al
DOted III LA.l of this aareemeDt.
1. ~Ucltlnf Public Input on Altematln Ordinance LanlJl8ve. Not wtthstandlq DOrmal
public IIOtUkatioDl as required by State Law aDd Individual city practice, dUes proposlna
altenaatlve shorelud OrdIDsDct laaguqe shall, followlq completion oftbe technical review, provide
an omclal draft copy of Its shoreJaDd ordinance to all 14 Lake Mlnnetonka cities and Bny other
alteeted dUel for their review as required by MbUlesota Rules Section 6120.2800, Subpart 3., D.,
3. If the ordinance contains aDY alternative shorelaad rontl'OJs, the adjaceDt atrectecl cities shall
rnIeW aDd approve or disapprove the ordinances submitted all required by Minnesota Rules
5120.2800, Subpart 3, D., (4) aDd notify the submlttlol city and DNR of their act10nl with 60 days
of lublDlttaJ.
S. Il~R Review. Each dty shall provide to the DNR for rev:lew prior to adoptlod its ftDal
IhorelaBd Jlumaaemnt ordlnaDf:8 on or before September 10, 1992. The DNa shaU complete Its
review of the proposed ordinance within 60 days from receipt of the ordinance, unless extended by
mutual aanement. Any extension qreed to by the parties (DNR and submitting dty) past
November 10, 1992, shan extend the date of shorelaod ordinance adoption fOUDd in SectloD I, A.
1. of dab III"'CJDe1It b1 the same Dumber of days.
B. WCD RESPONSmn.JTY.
1. l..etaI Cev......t CeGwUBaafsB. Per MIBB.sealWles p8" '120128~ I.,... '., tile
UfCD 1Ip_ te I. aNa_ .... MVMw 9f sll9NIaB1II eNlRa.eM fep tIl. 8118....111 a....' ellAlie
3
- MAY-22-'91 WED 08:58 ID:METROPOLITAN COUNCIL TEL NO:612 291 6550
. .
J:t302 P06 -
)~._-..... (l.D>*21 121) .t tile r8U_III kill I""".'.'"
~l., er g.........
CI.,. ., g....
gar 11..lller
Cf*f 81 iJl.~
a., at Me..
Ct~ 9f ~PftBl Palik
Cft" ., Tell. B~'
Ct~ .f YfeMfia
City sf W.,..
Cltr eI Wee4.....
,*,.' Cuaa"'18M
eMf el )M'--..BlIl
CIa, "........ RtMIl
a.,. ,f UI~-"8"
TechDlcaJ Committee Coordbl.UOUi The LMeD qree$ to provide the admlDtstratJ...e duties bl
support of the Tedullc.al ~mmlttee, tncludlna such thinKs as: preparlna aDd DlaiUq out meetlq
apDdas and copiea of ordiDaD~s to committee members, arranging for meetllll space, preparlna
mlDutel of committee meetiJ1ls, draftilll aDd communt~t1aa committee recommeadatloDS to all
appropriate dUet aDd IItDdes.
. 2. Documentation of Cities' Actual Costs. The LMCD 81.... . shall provide to the
State documentation of all actual eligible costs, MIlaN "lew, as deftDed In sedlon 11.A. of this
aar-meat, Incurred by the Cities in the preparation and adoption of their shoreland ordinances,
1.8,&18. ., tllelCMJAI .":8JHtelMi llsui i. item 1.1., liMn. EHmples 9r aU9"."" eee....... and
their partidpaUOD hi the Teclautcal Review Committee. Ellalb1e costs include su(:h things asl
a) Publishing costs for hearing notices and ordinance provisions;
b) Consultant fees and/or legal fees involved in the ordinance adoption process;
c) Mailln& costs associated with ordinance adoptions and publication:
d) Education and training costs including expenses for attending" DNR workshops;
e) Colts of holding public information meetings;
f) Colts of shoreland classification reviews, including map revisions and ordinance
4
" ,
H' H_' MAY-22-' 91 WED 08: 59 ID: METROPOLITAt--l COUNCIL TEL NO: 612 291 6550
. .
t:l302 P07
development.
g) Costs of comprehensive plan "~',J8p...t aM revisiona pertainina to the shoreland
diatrict only_ unless combined with the Floodplain a.Ner Wllj aH 8nBle R!wN
program.;
h) Costs for upgrading ;ronins administration forms, such as: permit appUcations, permit
certifications, variances, conditional uses, special uses, zoning changes and
amendmenta.
i) Coats resulting from tasks performed by local appointed officials, employees or staff
involved in the ordinance adoption proceas of a shoreland ordinance, lDdudlna
acti"Yitle8 related to the Technical Review Committee.
j) Coordination of costs of local government shoreland ordinance adoption relating to
meeting attendan~ ballllRI aad wplaaQ&1911 &t 89YII'" 8811I11 aRd 9M"la_. tef
ee_patilailUf, lake alld sa... elaS6llAes.tlell JllWlMv f9r .HJltf -wIde Wlllilliteaey,
JItVt", .d ee..eIlH 811 lBeBI IS'rePBM8st ad.l.8ls_&l", ,needY"1 fer
...I.&HJ!f I11W1I8B1patllim.,. l1litJl tit, I8V.''5~.
k) Office computerization relating to shoreland management.
3. Documentation of LMCD ActuBl Costs. The LMCD sball provide to the State
dOCDJlleDtauoll of aD actual eligible costs, as deDned in section ll.A. of this agreement, lDcurred by
the LMCD la the administration 01 this KJ'Snt agreement and partlcJpatJon In aDd coordination of
the Teclmkal Review Committee. Eligible costs IDelude su~h thlnas as those identlned iD I.Bol.
above.
~ 4. s;;miinance Certification Checklist. Within the adoption schedule deaerfbed In LAl.
above, the LMCD &1618 ... . 'R511" .J8p1etle. 81 all tile tallHi all" ...... the aUaehed will
s
...,..
I'lAY-;22-' 91 WED 09: 00 ID: METROPOLITAN COUNCIL TEL NO: 612 291 6550
. .
~302 P08
coDa:t, nn1ew aad lIIII'CIate the ordinance certification checkliata f9P tile" CIty prepared by the
au. u .pecIlIecIla LA.3 .bcm, for transmittal to the State.
5. ne.lpatfoll of Technical R~presentatlve. The LMCD will deslpate bl wrltJlll Its
repreH1ltatlYl to the Trdlllkal Review Committee.
6. brttc1patlon In the Technical Committee. Tbe LMCD will actively participate 111 the
TeeJudaal Rniew Committee, and will provide expert techlllc:al 88sllJtaaCf: OD shorelaDd standards
to individual dU. OD request to assist them In preparlnglrevislq ShorelaDd JIlIlnaaement
ordl-.w- COII.iateat with DNR .taJldardl.
3.,7. rl\fDleDts to CJtteL The LMCD, aetlna as a pass-through aaeDCY, shall pay to the
Cities from funds received pursuant to Section U.A. of this Agreement 50% of all "",9MWe
.NlBIIII. _..,*18. ..,.B5" (fl8UrRJt4 ill 1M. ~ lMl8I\v) adual eligible expellseS Incurred (al
IdeIIUJIed hi SedIoa LB-3. above) up to a maximum of:
a) S2,500.00 for each of tbe Cities of Deephaven, Excelsior, Greenwood. Minnetonka.
Minnetonka Beach, Mound, Spring Park, Tonka Bay, Wayzata and Woodland;
b) S5,000.00 for each of the Cities of Minnetrista, Orono, Shorewood and Victoria.
I}. 8. Return 01 PD~Dded Fundlt Funds which have beeD paid to the Cities by the
LMCD, but whkh are in exeess 0150% of actual costs Incurred by the Cities shaD be returned by
the Cities to the WCD for repayment to the State. The LMCD shall return to the State any grant
funds advanced for pafIDeDt to the Cities or the LMCD, which are in exces& &I I~ of actual
doeumeJIted costs .....11 1M ......... ae lilt S.... 1If tll. CUlts.
. 9. Rerum of Grants to qttes. If any City does not adopt a DNR approTed shoreland
ordinance by December 10, 1992, then all grant funds ,. till ,.,,81'. at tulop&&.. .IIIBNlaatl
e........ fer iliA. Clif provided to that City UDder this Aareemellt shall be returned to the State
bJ Dtcaabtr 31, It91
6
MAY-22-'91 WED 09:00 ID:METROPOLITAN COUNCIL TEL NO:612 291 6550
. .
1:*302 P09
U. GRANT
A. Grant. to Cities. The State shall pay to the LMCD up to a maximum of $45,000.00 for
payment to Cities of 50% of all actual eUglble ordinance prepantloD and adoption expenaca for the
services authorized "",lIBIII. herem.
liwelell wm 1M svIJ.UW fel' delllJll till MEjVestM ,.,W'Bt lI.ellBt te .e81eR.WM 1Mttll
tilt leGal .. .&au IIIHo. FI_ ~lMlt '"II 1M .aM lifter tile wel'k h8. 11... ..pleied ..d II
.... .. .....n.. ,.., wIdell lavelNs 51" Bllla.IU" aM setfsfaete.,. .8 tit. Ca..lasleller 8f Natllflal
K4NJetINM. 111.. ,,1'8 &.e1.dM I.Hlit...) fill.. ONI1l811ee C.rtllleatle. ClltQkl..... Adveaee
JNIfIBI.Y ie .... I.MCD '" OM State Bet .e 'JUlMNJ ''*' et tile tpBat al8M1Bt 18'" 1M alliIMf'I.d If
a Ilstllllef iYlURpMM HIM.Ii. 8" slI'&J81ltWlJy tile LMCD Ie till Stat.. TlI. LMC9 .JllI/itr em..
apM ie paf all ill." :rI8pee#l', .,.B818 Bet pal". fer 1., tll, .....t- ABf IB.d8 _t alleeatN
11.11I111. SIll 8Iti.. de Bet sl'8 till. Ac..lMat wUJ lJ, avai1a1Ht fer redlserRJ.dsB per
........ta.. ., ... UtfeR Tie.". RI-Aew ee..mittH.
1. Initial P.,ment. The State will pay to the LMCD one-half of the estimated total araot
to the clUes withla 45 days frodl the date of Bnal execution of this Ap'eement tor dfsbursement to
the ClUes for 8ntk:lpated shoreland manqelDeot ordiunce costs, which shaJl be paid by the LMCD
to the Cities at !~ 01 the amounts sped Bed In SedJon I.B.7. of this Aareement above.
2. Bu~uent Payment. The State will pay to the LMeD the balance of the araut to the
CIties, within 30 da)'S followlna receipt and approval 01 documentation from the LMCD for twice
the amount of the blltlal lrallt III ama) Incurred expenditures by Cities. The LMCD will pay 80%
ortlle remaiDder 01 8 CIty's funds following receipt of dOClunentatloo showtDl eBatble expenditures
Incurred b1 the eft)' that are twIc!e the total grant amount stipulated ba SectIon 1.D.7.
3. Final Pavment. The LMCD will withhold papnedt ot the nnal 209i of each City's ;rant
unUl aD "vokes and documentation is approved by the Commissioner of Natural Resourc:es. The
7
-:,...:""""
.. ....__.MfW-22-' 91 WED 09: 01 ID: METROPOLITAN COUNCIL TEL NO: 612 291 6550
. .
1;302 P10
clcK:umeJltatJon .balllndude a completed OrdiDauce CertltlcatloD Checldlat.
4. Oblbuatfpu. The Cities qree to pay aD their respective expo.. not paid ro.. by the
put.
B. prallt to the LMCD. Tbe State shall pay the costs of coordinating the ...,tle. 8t )e.l
eeMlPell Teclmlcal RevIew Commlttee and erants admlJdstratioa expenses Incurred b)' the LMeD
up to a maximum of $15,000.00. Kr..n.p181 8t &UewalliJI I."BIII .... ..19.....1. SNtI.. I.R.f. If
All .......
1. IIlttal ~'fIDeJlt. The State will pay to the LMCD the !~ wfthlu 4S day. from the date
of IlDaI aecutloD of thls ApeellleJlt.
z. flu} Payment. The State will pay to the LMCD the balance ot tbe $15,000.00 p-aDt to
within 30 day. toUowiq rec:eipt aJld approval ot documentation from tbe LMCD for $'7,500.00 in
IICttIIIl fllCUrred expeJldltures by the LMCD. Tbe LMCD shall document and report OD the actual
iDcurred expeDdltu~ of the tiDal $7,500.00 arant to DNR OJl or before October 10, 1992.
3. ObJlntlon. lbe LMeD qReS to pay all thetr respective expmHS not paid for by the
put.
m SPBCIAL PROVISIONS
I. A. The LMCD agrees that in the hiring of common or skilled labor for the performance of
any work under any contract, or sub-contract hereunder, neither it nor any contractor, material
supplier or vendor shall engage in any discriminatory employment practices as such practices are
defined in Minnesota Statutes Section 181.59 and Chapter 363, or In any practices prohibited by
Minnesota Statutes Sections 177.42 and 177.43 (1988).
a. B. The LMCD shall indemnify, protect and huh1 harmle55 the State, its agents and
employees from all claims or actions which may arise from perfonnance of this Agreement.
a. c. The boob. records, documents and accounting procedures, and practices of the LMCD
8
__J....
._oo...MAY-22-' 91 WED 09: 02 ID: METROPOLITAN COUNCIL TEL NO: 612 291 6550
. .
~302 Pll
relevant to this Ajreement shall be subject to examination of the Department of Natural Resourcea
and the Legialative Auditor.
4. D. Tho State agrees to provide technical and coordination aaaiBtancc ie tlae lMCD a..dI.,
QMte ICpIIl'IIte frolll that prcmded 11Dder this Agreemellt to the CIties for the adoption of ahoreland
controls for non-Lake Minnetonka shoreland areas within tile those cities .r UiHeWla~ O-.e1l9J
111I_tnl" ..... '\II......
'" n. gMt. 1B.....8 ~y till. ............t ita ,U.IIIa. 1l11118NIJIJR.,. ..plleatie. sf 8ft:ll.~""ee
lltieJMi811 '........1 ....iA8I alIeNi.... i_aNS ,"paM -,. ... CUI. M 1M eee"".ated
""ill .a. u.te>> ,JIJer M nymiUal " tile State fer appJl9Vsl. Falh." ~ a. CSt,.. te e88..1....
witll tJat LMCD wiD ....It I. R911 pBJWtlRt at 811g~1 eesy $8 till Clt',. .,~ Q. UlICD,
'- Eo A technical review committee shall be established in conjunction with this tIN Ae..18..
GfM6 Agreement .,&1Il!'NII ea. 9f tile Lake )lID.iMBM ...181",11.188. DNa alt' l.MCD. The
committee will be structured and operate under the following guidelines:
.~ 1. Representation" on the committee will consist of pNri-1f one city staW.RIIIltiR'.
person (or mDsultant or elccted official) from each City, experienced in land planning aDd shoreland
CODtrolJ~ 1M. NY eMf and a start representativet from each of the foUowiq= the LMCn, th..a
DNR, the Ml.D.ehaha Watershed District, and the Metropolitan Coundl.
Itt %. The technical review committee will review each Cityts shoretand ordinance and any
other related controls or information in conjunction with provisions for which flexlbfUty is requested.
The committee will further review all ordinances in their entirely for coI1liatcnc:y with DNR ...
1MCD ~I........t PteINIB requirements &11188&111 Brlll.aHeM ,...pend fer IIdepd8., 5....
...1.... -1- feMed 18 BRill, 111 tle,a study af s,teUle .'fI.18. TIlt 81111 IB..I"" skall
",B* 1M ..dl... $9 ik, 88..Ute. as B ,,'IIBle. Thl eeBIIIH.... a8 a whel. IMII ,n,-PI a
"--_If eta. ..... elI188...11I ...JataR& i9 I8eIl 0""1 1..d .08 .8&811.
9
~MAY-22-'91 WED 09:02 ID:METROPOLITAN COUNCIL TEL NO:612 291 6550
. .
1:*302 P12
~ 3., The LMCD Hall will laellltate tll. mtitlRI liNeN1 be responsible for meetlDI
............tI, 1IOtIceI ucI =lItu.
tit 4. Meetings to review land uac controls and tleX1'bllity requests will be held monthly, or
more often upon the call of theCltlte 9r tile IAfCl) fae&lltMer chalrpenoll 01 the committee.
~ S. Affected dUes, agencies and the LMCD Board will be kept informed of all meetings
In order to follow the proceedings. All meetblas will be open to the pubUc. The LMCD wiD pl'O\'ide
a written notice to each of the 14 dUes pviq the date, time, location ud qocJa for the technlatl
review aJlIlJIllttee meetlq. Tbe LMCD wlll also provide copies or the uoUces to ODe or mOR load
DewJPllpen for their information and use, but a formal pubUshed meeting DOUce shall not be
requtncl of the LMCD. :
~ 6. City ordinances and requests for flexibility will be reviewed in the order received.
~ 7. Upon completion of the review of each City's laB. VII shoreland controls and
requests for flexibility, the I..MCD -will eea1'.'e1l1 II Aaal &111115 8t IB..tll'IS 1_.11.. . technical review
committee will make recommendations to the dty and DNR on the flexibility provlsfom. Majeft~
aa. .la8,"" 8''''981 will 1M .aside.. _1'9" YNR RlHes its RRal dett..1Batlell .....181 eaell
Clay. ,","N JHel Vlt I8BtNls. It Is expected that the committee will complete Its work DO later
thu JUDe 10, 1992, 10 that cities will have adequate time to review the technical comments and
haft oftldal pllbllc IMarlJlas betore the ordlDances are adopted.
IV. TBRM
'Ibis Agreement shall become effective when all signatures required have been obtalncd-MHI
",Ja.. tII. l'IIa" JIa". ...... 1Il..1I1- 113' Qe ee.miNlsBlr ef fl88Ree, and shall continue In effect
until the agreed tasks are completed or until December 10, 1992 whichever is earlier.
v. TERMINATION
'The State may tenninate this Agreement "with cause-. "With cause" shall mean that the LMCD
10
- < t'<lRY-24-' '31 FRI 10: 36 ID: METROPOLITRt'-l COUNCIL TEL-~10:6i:2"291 6550
1=*314 P02
.
.
andlor Cities are not performing work in accordance with the terms of the Agreement or the work
is not being performed to the satisfaction or the State. If this Agreement is so tennirtated, the State
.hall onl)' be liable to pay for work a~ptable.
In the event of termination of this Agreement as heretofore provided, the LMCD and/or Cities
shan have seven (7) days prior written notice, and if the Agreement is being terminated "with cause"
the LMCD and/or Cties Iball have untiltbe date of termination to show cause why the Agreement
should not be terminated. If it is determined by the State that the LMCD/Citiea default WI15 beyond
its/their control Of it was not otherwise in default, the Agreement shall not be terminated.
VI. SEVERABILITY
It all)' sectlOD, clause, provision or portion of tbls Aareement Is adjudaed unconstitutional or
bavalld by a court of competent Jurlsdlctlont the l1lmalnder ot this Agreement sball Dot be affected
th....b)'.
VILBKEACH OF CONTRACf
The raDure of any party to performt in whole or In part, III oblllstloD' and responslblJltle8
_der tJds Apeemellt shall not relieve any other party from the obllaatloDI and responsibilities
Imposed upon It In lbl. Aveement. Further, one party's lallure to perform, In whole or In part,
RD7 01 its duties or obllgatJons as described In this Agreement may Dot be used by any other party
to explain or aC1lH the other partyts non-performance.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Iv, to form and execution by tbe
AlTORNBY OENBRAL
~
Dat.
LAICB MINNETONKA. CONSERV AllON DIST.
By
LMCD Board Chairman
Dare
~
!.MCD EDeutive Dlreetor
COMMISSIONER OF ADMINISTRATION
By
11
MAY 22 ' 91 11: 43 __
P.2/2
-.
.
5122191
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT FOR
SHORELAND MANAGEMENT AND GRANT ASSISTANCE
WHEREAS, the Lake Minnetonka Conservation District (LMCD) has
prepared a comprehensive lake management plan for Lake Minnetonka; and
WHEREAS, the state of Minnesota (State) has certain
responsibilities for regulation of shoreland development and is authorized
to prOVide grant assistance to local governments to adopt a shoreland
management ordinance consistent with statewide standards; and
WHEREAS, the City of Shorewood is desirous of adopting such a
standardized shoreland management ordinance and receive grant assistance
to defray the costs for the preparation of such an ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as folloVlS:
1. That the City Council hereby approves the attached agreement
between the LMCD, the State, and the City of Shorewood for the adoption of
a standardized management ordinance vlith grant assistance to be provided
by the State of !-linnesota.
., That the Mayor and City Administrator/Clerk are hereby
authorized to execute the said agreement on behalf of the City CouncU.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
28th day of May, 1991.
Barbara J. Brancel, Mayor
ATTEST;
James C. Hurm
City Administrator/Clerk
Roll Call Vote#
Ayes -
Nays -
3E-L
-,..~-->._.__.~..--;-------,-
.
.
5/20/91
RESOLUTION NO.
A RESOLUTION APPROVING THE PLAT OF
WATERFORD 3RD ADDITION
WHEREAS, the final plat of Waterford 3rd Addition has been submitted
in the manner required for the platting of land under the Shorewood City Code
and under Chapter 462 of Minnesota Statutes, and all proceedings have been
duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive
Plan and the regulations and requirements of the laws of the State of
Minnesota and the City Code of the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the plat of Waterford 3rd Addition is hereby approved.
2. T hat the ~pproval is specifically conditioned upon the terms and
conditions contained in the Planned Unit Development Agreement for Waterford
Phase 3, attached hereto and made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to execute
the Certificate of Approval for the plat and the said Planned Unit
Development Agreement on behalf of the City Council.
4. That the final plat, together with this resolution and the
Planned Unit Development Agreement attached thereto, shall be filed and
recorded within thirty (30) days of the date of certification of this
Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon
said plat by the Mayor and City Clerk shall be conclusive, showing a proper
compliance therewith by the subdivider and City officials and shall entitle
such plat to be placed on record forthwith without further formality, all in
compliance with Minnesota Statutes and the Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
28th day of May, 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. H urm
City Administrator/Clerk
1\ ("
*'j
Roll Call Vote:
Ayes -
Nays -
I~L-'
i'l d. ~ ..;.~, .:il 1 :) : 4 U 1'40. U U 1 F'. u.2
.
.
RESOLUTION NO.
RESOLUTION AWARDING THE SALE OF $920,000 TAX
INCREMENT REVENUE BONDS OF 1991; FIXING THEIR PORM AND
SPECIFICATIONS; DIRECTING THEIR EXECUTION AND
DELIVERY; AND PROVIDING POR THBIR PAYMENT.
WHEREAS, pursuant to the provisions of Minnesota Statutes,
Sections 469.124 through 469.134, inclusive (the "Development District
Act") and Minnesota statutes, Sections 469.174 through 469.179, inclusive
(the "Tax Increment Financing Act"), the City Council (the .Counci1.) of
the City of Shorewood (the nCityR) , by Resolution No. 36-90 adopted on April
23, 1990, designated and established Development District No. 17
established Tax Increment Financing District No. 1 (the "District")
located within Development District No.1; and approved and adopted the
Development District Program for Development District No.1 Including Tax
Increment Financing Plan for Tax Increment Financing District No.1; and
WHEREAS, the Council approved and adopted certain modifications to
said Development District Program on March 4, 1991; and
WHEREAS, said Development District Program provides for the
issuance by the City of tax increment bonds to amortize the eligible costs
of publIc improvements (the If Improvements") included in the Tax Increment
Financing Plan for the District (the "Plan"); and
WHEREAS, the City Council, by Resolution No. 24-91 adopted on March
5, 1991, ~pproved a Bond Purchase Agr eemen t (the" Agreement ") fo r the sale
of $920,000 of Tax Increment Revenue Bonds (the nBonds"); and
WHEREAS, the Agreement was duly e~ecuted on March 6, 1991; and
WHEREAS, the City is authorized by Section 469.178 of the Tax
Increment Financing Act to issue revenue bonds of the City and, by
agreement, pledge tax increments and revenues received from the District
for the payment of principal of and interest on such bonds; and
WHEREAS, the conditions in the Agreement, pterequisite to the sale
and purchase of the Bonds, have been met or waived.
BE IT RESOLVED, By the City Council of the City of Shorewood,
Minnesota, as follows:
1. The City of Shorewcod finds, covenants and declares that the
District has been duly created as required by law, the Agreement is in full
force and effect, and the terms and conditions of the Agreement are
incorporated herein by reference.
2.. The City of Shorewood shall forthwith issue and sell ita Tax
Increment Revenue Bonds of 1991 (the "Bonds") in the principal amount of
$920,000, dated May 30,1991. The printed, fully registered bonds, shall
be in the denomination of $5,000 each or any higher multiple thereof for a
single maturity, bearing interest until paid at 9.00% per annum, all
interest payable August I, 19_, and semiannually thereafter on February 1
o
.vl L.... '._11 i
IC,.(....
ilO'j
~.-.J,.:'.1. .l....J. .:..t1..J I'{U .'..)"-1.1. r- .V....,I
.
.
and August 1 in each year. Interest shall be compounded on each February 1
and August 1, commencing August 1, 1991 until paid. The Bonds mature
serially on the dates and in the amounts as follows:
Maturity Date
Principal Amount
The Bonds, will be subject to redemption and prepayment at any time, at the
option of the City and in whole or in part, in inverse order of maturities
and by lot assigned in proportion to their principal amount, within any
maturity, at a price equal to the principal amount thereof to be redeemed
plus accrued interest to the date of redemption.
3. Both pr incipal of and interest on the Bonds shall be payable at
the City of Shorewood.
4. The Bonds shall be in substantially the following form;
(Face of the Bonds)
UNITED STATES OF AMERICA
STATB OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
TAX INCREMENT REVENUE BOND OF 1991
Rate
Maturity
Date of Original Issue
CUSIP
9.00\
May 30, 1991
kNOW ALL MEN BY THESE PRESENTS that the Ci ty of Shorewood, Hennepin
County, Minnesota, a municipal corporation, (the City), acknowledges
itself to be indebted and, for value received, hereby promises to pay to
or registered assigns, the principal sum of FIVE THOUSAND DOLLARS, on the
maturity 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, 19_, 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 principal office of the
Bond Registrar hereinafter designated, the pr incipal hereof are payable in
.
.
lawful money of the Uni ted States of Arner ica by check or draft of the Ci ty of
Shorewood, in 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 on the reverse
hereof 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 security or benefit under the Resolution until the
Certificate of Authentication hereon shall have been executed by the Bond
Re9istrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the Ci ty of Shorewood, Hennepin County,
Minnesota, by its Ci ty Counci I, has caused this Bond to be executed by the
facsimile signature of the Mayor and the manual signature of the City
Clerk/Administrator, and has caused this Bond to be dated as of the date set
forth below.
Dated
City C"lerk/Admtnlstrator- --
(Reverse of the Bonds)
This Bond is one of an issue in the aggregate principal amount of
$920,000 (the Bonds) , all of like da te and tenor except as to ser ial number,
denomination, redemption privilege, and maturity date, issued pursuant to
a resolution adopted by the Ci ty Council on May 28, 1991, (the Resolution) ,
to provide funds to defray the expenses incurred and to be incurred in
financing public improvement costs of a Tax Increment Project, pursuant to
and in full conformity with the Constitution and laws of the State of
Minnesota, including Minnesota Statutes, Sections 469.174 through
469.179. This Bond is payable solely from tax increments resulting from
tax levies upon the increased value of property within said Project as
pledged in the Resolution. Neither the City nor any Council member,
officer, employee or agent of the Ci ty, nor any person executing the Bonds,
shall be liable personally on the Bonds by reason of their issuance. The
Bonds shall not be payable from nor charged upon any funds other than the
revenues pledged to the payment thereof pursuant to the Resolution, nor
shall the City be subject to any liability thereon or have the powers to
obligate itself to pay the Bonds from funds other than the revenues so
pledged, and no owner or owners of the Bonds shall ever have the right to
compel any exercise of any taxing power of the Ci ty or any other public body,
other than as pledged under the Resolution, to pay the principal of or
interest on the Bonds, nor to enforce payment thereof against any property
of the Ci ty or any other public body not pledged pursuant to the Resolution.
The Bonds are issuable only as fully registered bonds, in denominations of
$5,000 or any multiple thereof, of single maturities. All Bonds are subject
to being called by the City for prior redemption at any time at par plus
accrued interest.
(Facsimile Signature)
Mayor
~~.
~,; .'" <,. "0 "" ':'.."" . '_,', . ,,' '-" - ",_ .. -,' -'... . -. ': . . ..' ..' '.'
. ~_<, ...., .~.'.'" ..._,.,', 'M,,""'_"_"-"'.~ ""~, ""~,~-"".~..,~..,,..,.
.
.
As provided in the Resolution and subject to certaln limitations
set forth therein, this Bond is transferable upon the books of the City at
the pr inclpal office of the Bond Registrar, by the registered owner hereof
1n person or by his attorney duly authorized in writing upon surrender
hereof together wi th a written instrument of transfer satisfactory to the
Bond Registrar, duly executed by the registered owner or his attorney; and
may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange, the City 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 and 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 n~ither the City nor the Bond Registrar shall be
affected by any notice to the contrary.
The following abbreviations, when used in the inscription on the
face of 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 TRANSFERS 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)
Additional abbreviations may also be used though notin the above
list.
- _._. -- _.- - -.-.-. -.----.-------.-----
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and
transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably
constitute and appoint
attorney to transfer the within Bond on the books kept for registration
1"-"- - ...,. .-,'...1' ~,_.",;,,_,
II'-\~ 4....1'-'..1. ..I.~.""tV I'I.....VVJ. I.VV
.
.
thereof, with full power of substitution in the premises.
Dated:
Signature Gu-ar-an-te-ed-t---
NOTfEE:--'-T"h-eassignor's signature to
this assignment must correspond with
the name as it appears upon the face of
the within Bond in every particular,
wi thout a1 terat10n or any change
whatever.
Signature (6) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless the
information concerning the assignee requested below is provided:
Name and Address
----.-------.-. - -.-.- -- - - _. - - _. - --.---------
(Include information for all joint owners
if the Bond is held by joint account.)
PLEASE INSERT SOCIAL SECURITY NUMBER OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
--- ------------ _._---- - --.-.-.-.-.-.-.-.---
5. The Bonds 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.
6. Da tea; Interest Payment Dates. Each Bond shall be dated as of
the last interest payment date preceding the date of authentication to
which interest on the Bond has been paid or made available for payment,
unless (i) the date of authentication is an interest payment date to which
interest has been paid or made available for payment, in which case such
Bond shall be dated as of the date of authentication, or (ii) the date of
authentication is prior to August 1, 1993, in which case such Bond shall be
dated as of May 30, 1991. The interest on the Bonds shall be payable on
February 1 and August 1 in each year, commencing August 1, 1993, 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 1s a business day.
7. Registration. The City 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 corporate trust office a bond register
in which the Registrar shall provide for the
registration of ownership of Bonds and the
...
l.i.,li L.... '....'i I
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I 1.-1. 'j _ ..,J ~ _i .:... .L. _' . -t i...' I.t U . I..,) I,.) 1 r. l....~ I
.
.
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 wr i tin9, the
Registrar shall authenticate and deli ver, 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 sur rendered by the registered owner for exchange,
the Registrar shall authenticate and deliver one or
more new Bonds of a like aggregate principal amount
and maturity, as requested by the registered owner or
the owner's attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered
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 t 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.
(9) Taxes, Fees and Charges. For every
transfer or exchange of Bonds, the Registrar may
impose a charge upon the owner thereof sufficient to
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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
deliver a new Bond of like amount, number, maturity
date and tenor in exchange and substitution 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 of
evidence satisfactory to it that such Bond was lost,
stolen or destroyed, and of the ownership thereof, and
upon furnishing to the Registrar of an appropriate
bond or indemnity 1n form, substance and amount
satisfactory to it, in which bond the City and the
Registrar shall be named as obligees, all pursuant to
the provis ions 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.
8. Appointment of Initial Registrar. The City hereby appoints
itself as the initial Registrar. The City may, at any time, appoint a
successor Registrar in which case the Mayor and the C1 ty
Clerk/Administl:ator are author i zed to execute and deli ver, on behalf of the
Ci ty, a contract wi th such successor as Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting
corporation is a bank or trust company authorized by law to conduct such
business, such corporation shall be authorized to act as successor
Registrar. The Ci ty agrees to pay the reasonable and customary charges of
the Registrar for the services per formed. The Ci ty reserves the right to
remove any Registrar upon thirty (30) days t 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 pr incipal or interest due date, wi thout further order of this Ci ty. the
City Treasurer shall transmit to the Registrar, from the Tax Increment
Bonds Sinking Fund described in paragraph 15 hereof, monies sufficient for
the payment of all principal and interest then due.
9. Preparation and Deli very. The Bonds shall be prepared under
the direction of the City Clerk/Administrator and shall be executed on
behalf of the City by the signatures of the Mayor and the City
Clerk/Administrator, provided that the Mayor and Clerk/Administrator's
signatures may be facsimiles thereof. In case any officer whose
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signature, or a facsimile of whose signature, shall appear on the Bonds
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 in 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 deli vered
by the Clerk/Administrator 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.
10. The Clerk/Administrator shall cause the proceeds of the Bonds
to be applied solely for the financing of the Improvements descr ibed in the
Agreement. upon completion of construction of the Improvements referred
to herein and payment of all cos~s authorized under the Agreement, excess
Bond proceeds then remain1n'J' if any, shall be used to redeem and prepay the
Bonds in the manner provided in this Resolution. If for any reason the
Improvements referred to herein are not undertaken, excess Bond proceeds
then remaining shall be used to redeem and prepay the Bonds in the manner
provided in this Resolution.
11. The Bonds will be payable solely from tax increments
collected from the District. The City 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. .
12. When all of the Bonds have been discharged as provided in this
resolution, all pledges, covenants and other rights granted by this
resolution to thQ holders of the Bonds shall cease. The Ci ty may discharge
its obligations with respect to any Bonds which are 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 any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action,
by depositing irrevocably in escrow, with a bank qualified by law as an
escrow agent for this purpose, cash or securities which are general
obligations of the United States or securities of United states agencies
which are authorized by law to be so deposited, bearin9 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. .
" "...'. .
. ,." '-., '.'
13. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permi t to be taken by any of its
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officers, employees or agents any action which would cause the interest on
the Bonds to become subject to taxation under the Internal Revenue Code of
1954, as amended (the Code), and the Treasury Regulations promulgated
thereunder (the Re9ulations) I and covenants to take any and all actions
within its powers to ensure that the interest on the Bonds will not become
subject to taxation under the Code and the Regulations.
14. The Ci ty has agreed to furnish to the purchaser the approving
legal opinion of Messrs. Wurst, Pearson, Hamilton, Larson and Underwood, of
IHnneapolis, Minnesota, and such opinion is hereby requested. The
Clerk/Adminisrator shall obtain a copy of said approving legal opinion,
which shall be complete except as to dating thereof, and shall cause said
opinion to be printed on each Bond, together with a certificate to be signed
by the facsimile signature of the Clerk/Administrator in substantially the
following form:
I hereby certify that the foregoing is a full,
true and correct copy of the legal opinion executed by
the above named attorneys, except as to the dating
thereof, whi.ch opinion has been handed to me for
filing in my office prior to the time of bond delivery.
City Clerk/Administrator
City of Shorewood
At the time of delivery, the Clerk/Administrator shall prepare a similar
separate certificate, and the Clerk/Administrator is hereby authorized and
directed to execute such certificate in the name of the City upon receipt of
such opinion and to file the opinion in the City offices.
15. The Bonds issued hereunder shall be payable from the Tax
Increment Revenue Bonds of 1991 Fund (the "Tax Increment Bonds Sinking
Fund") created by this resolution adopted May 2B, 1991, and the City hereby
pledges to sa id fund the proceeds of a 11 tax increments f rom the Dis tr lct in
which the Improvements financed by the Bonds is located. Surplus tax
increments, if any, shall be used to redeem and prepay the Bonds in the
manner provided in this Resolution.
16. The officers of the Ci ty are hereby author ized and directed to
prepare and furnish to the purchaser of the Bonds and to the attorneys
approving the same, certified copies of proceedings and records of the Ci ty
relating to the Bonds and to the financial condition and affairs of the
City, and such other certificates, affidavits and transcripts as may be
required to show the facts within their knowledge or as sho'wn by the bocks
and records in their custody and under their control, relating to the
validity and marketability of the Bonds and such instruments, inCluding any
heretofor~ furnishl?d, shall be deemed representations of the City as to the
facts stated therein.
Councilmember introduced
resolution and moved its ado.p.tTon--:---o---
The motion for the adoption was duly seconded by Councilmernber
the foregoing
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-------. ~-.--, and upon vote being taken thereon, the following
voted in favor thereofa
and the following voted against:
whereupon said resolution was declared duly passed and adopted.
Approved and signed this ____ day of May, 1991.
Mayor
Attest:
Ci ty Cle"rk/Administrator-._.--"-'-"--
.
.
5/21/91
RESOLUTION NO.
A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
STREET AND WATERMAIN IMPROVEMENT
WATERFORD 3RD ADDITION - OLD MARKET ROAD
WHEREAS, pursuant to an advertisement for bids for local
improvements designated as Waterford 3rd Addition - Old Market Road, City
Project No. 91-4, bids were received, opened on 24 May 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
the lowest responsible bidder in compliance with the specifications.
is
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, Project No. 91-4, according to the plans and specifications
therefor approved by the City Council on file in the office of the City
Clerk, subject to Paragraph 2, below.
2. That said authorization shall be effective upon the date of
final approval of the said plans and specifications by the Minnesota
Department of Transportation.
3. 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
28th day of May 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. H urm
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
.
.
SHOREWOOD PARK COMMISSION MEETING
TUESDAY, MAY l4, 1991 - Page five
ASKINS/ALMQOIST - PROPOSED DIVISION/COMBINATION AND LOT WIDTH
VARIANCE
Mr. Askins was present to state that there is a drainage problem
between the Askins and Almquist properties. A pipe needs
replacement, and an easement is needed. He said he measured the
proposed 'property exchange and by his measurements, the city comes
out lO square feet ahead. Christensen asked if there would be any
cost to the city. Askins said no.
Cf./ A
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5/21/91
RESOLUTION NO.
RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, Paul Almquist (Almquist) is the owner of certain real
property in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described in Exhibit 1, attached hereto and made a part hereof; and
WHEREAS, John Askins (Askins) is the owner of certain real property
in the City of Shorewood, County of Hennepin, State of Minnesota, legally
described in Exhibit 2, attached hereto and made a part hereof; and
WHEREAS, the City of Shorewood (the City) is the owner of certain
real property in the City of Shorewood, County of Hennepin, State of
Minnesota, legally described in Exhibit 3, attached hereto and made a part
hereof; and
WHEREAS, Almquist, Askins, and the City have applied for a
subdivision and combination of said properties to form Parcels A, B, and C,
legally described in Exhibit 4, attached hereto and made a part hereof; and
WHEREAS, the City requires a drainage and utility easement over,
under and across said parcels in conjunction with a local improvement known as
the Shady Hills Drainage System; and
WHEREAS, Almquist and Askins and all other parties holding an
interest in said parcels have agreed to grant to the City said drainage and
utility easements, legally described in Exhibit 5, attached hereto and made a
part hereof; and
WHEREAS, the subdivision and combination requested by Almquist and
Askins complies in all respects with the Shorewood City Code, except that the
proposed division results in a lot width of 95 feet for Parcel B,
necessitating a variance; and
WHEREAS, after required notice, a public hearing was held and the
application reviewed by the Planning Commission at a regular meeting held on 2
April 1991, the minutes of which meeting is on file at City Hall; and
WHEREAS, the application was considered by the City Council at a
regular meeting of the Council held on 13 May 1991, at which time the
Planner's Memorandum was reviewed and comments were heard by the Council
~b
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and from the City staff, and the City Attorney was directed to prepare a
Resolution setting forth findings and conclusions approving the Applicant's
request for a subdivision and lot width variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood as follows:
FINDINGS OF FACT
1. That the properties are located in an R-1C, single family
residential zoning district, which requires a minimum lot width of 100 feet.
2. That the proposed subdivision results in an increase in the lot
width of Parcel A and a decrease in the lot width of Parcel B to a width of 95
feet.
3. That the proposed subdivision therefore requires a 5 foot lot
width variance for Parcel B.
4. T hat such proposed adjustment of lot lines to form Parcels A, B,
and C avoids gerrymandered lot lines and results in more usable buildable area
on Lot B.
5. That the proposed subdivision is consistent with the City's need
for a drainage and utility easement over, under, and across said parcels as a
part of the Shady Hills Drainage System.
CONCLUSIONS
1. T hat due to the unique configuration of the properties and the
City's need for a drainage and utility easement, the division and combination
proposed by the Applicants would appear to be the most appropriate and
reasonable manner of dividing and combining the land.
2. That the Applicants have satisfied the criteria for the variance
under Section 1201.05 of the Shorewood City Code and have established an undue
hardship as defined by Minnesota Statutes Section 462.357, Subd. 6(2).
3. That based on the foregoing, the City Council hereby grants the
Applicants' request for a 5 foot lot width variance as set forth hereinabove.
.
.
4. That Applicants record this Resolution, together with drainage
and utility easements as described in Exhibit 5, from all parties holding an
interest in said properties, with the Hennepin County Recorder or Registrar of
Titles within thirty ( 30) days of the date of certification.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
13th day of May, 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. H urm
City Adminstrator/Clerk
Roll Call Vote:
A yes -
Nays -
.
.
5/21/91
RESOLUTION NO.
A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT F0R
SHADY HILLS DRAINAGE SYSTEM
WHEREAS, pursuant to an advertisement for bids for local
improvements designated as Shady Hills Storm Sewer Improvements, City
Project No. 91-1, bids were received, opened on 4 April 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 Widmer, Inc. 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 Widmer, Inc., in the name of the
City of Shorewood, Project No. 91-1, 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
28th day of May 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. H urm
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
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5/21/91
o RDIN ANCE NO.
AN ORDINANCE AMENDING SECTION 903.03 OF THE
SHOREWOOD CITY CODE PROVIDING FOR
WATER USE AND SERVICE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 903.03 of the Shorewood City Code is hereby amended by
adding S ubd. 4. to read as follows:
"Subd. 4. Special connection charge for connection to the municipal
water system known as the 'Southeast Area Trunk Water System.'
a. Purpose and Intent: For the purpose of paying for the
construction, maintenance and improvement of the Water
Treatment Plant for the Southeast Area Trunk Water System (the
Water Treatment Plant), a special connection charge shall be
paid to the City, as set forth hereinafter, by the owner of
every lot or parcel of land connecting to the Southeast Area
Trunk Water System (Water System).
T he special connection charge shall be a proportionate amount
of the cost of construction of the Water Treatment Plant
computed on the same basis as the assessment previously levied
against other properties for the construction of the Water
Treatment Plant. Such amount has been determined by the City
C ounci! to be S per connection and shall be
hereafter referred to as 'Basic Equivalent Unit.'
b. Residential property shall be charged a special connection
charge based upon the assignment of one Basic Equivalent Unit
for each connection to the Water System.
c. Commercial property shall be charged a special connection
charge based upon the number of Basic Equivalent Units (or
fraction thereof in excess of one-half), contained in the lot
or parcel of commercial land. Basic Equivalent Unit shall mean
an area of 20,000 square feet of land.
(~4
.
.
d. Said special connection charge shall be in addition to the
permit fee and any other connection charge required by the
provisions of this chapter. The charge may be paid to the City
in a lump sum at the time a water connection permit is
obtained, or paid in quarterly installments, together with
interest at the rate of 7 1/2% per annum, over an extended
period of time, not to exceed eight years. Installment
billings will be made on the quarterly utility statements sent
out by the City pursuant to Section 903.09, Subd. 2, of this
Chapter. During the extended period of payment, the unpaid
portion of the charge will constitute a lien against the
property, and all provisions of Section 903.09, Subd. 3, of
this Chapter relating to billing, delinquencies, and tax
assessments shall be applicable."
Section 2. This 0 rdinance shall be full force and effect from and after its
passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
day of , .1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. H urm
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
DATE:
Mayor and city council
James C. Hurm, City Administrator f
Alan Rolek, Finance Director &f!--- '
May 22, 1991
MEMO TO:
FROM:
RE:
Financing of the Water Treatment Plant
The Issue:
As Noel Vogen's memorandum of May 14, 1991 explains, the basic
question to be resolved is whether to award the bid to A & K
Construction which has the low bid with a block exterior for the
building, or Rochon corporation, which has the low bid for a brick
exterior. Rochon's bid (brick) would be $347,900; A & K's bid
(block) $337,000 - the difference is $10,900. Mr. vogen's
memorandum indicates that he is very familiar with A & K
Construction while he is not familiar with the work of Rochon
Corporation. It is also worth noting that alternate number three,
which is included in the total bid, is for landscaping. The range
in cost this alternate is $7,000 to $8,500.
Financial consideration:
The attached financial analysis presents three scenarios for each
of the two construction companies under consideration. option A
shows three options for A & K Construction, option B shows three
options for Rochon corporation.
scenario One in each option has 435 parcels in the Southeast area
paying an assessment charge of $914. which was the amount that was
estimated in the feasibility study. An additional 51 units would
be charged a hook up fee at the time of hook up. These units are
in Shady Hills. The hook up fee would be $1,148 for option A,
$1,403 for option B. Each scenario also gives the interest cost if
interest were charged at 7 1/2 percent. The assessment would be
spread over ten years - the hook up charge would be spread over
eight years.
A Residential Community on Lake Minnetonka's South Shore
(])tJ
.
.
Page Two - Memo to City Council
Financing of the Water Treatment Plant
scenario Two spreads the cost evenly over the parcels in the
Southeast area and Shady Hills. The special assessment charge and
the special hook up charge would each be $939 in option A and $965
in option B. Again, there would be an interest charge, estimated
to be 7 1/2 percent, should the property owner wish to finance
these charges through the city.
Scenario Three does not include Shady Hills, but spreads the cost
evenly over the 435 parcels in the Southeast area. That cost for
option A is $1,049, and Option B is $1,078.
If either of the first two scenarios were to be used, a public
hearing would be necessary on the proposed ordinance amending
section 903.03 of the Shorewood city Code which provides for water
use and service. A draft of the proposed ordinance is enclosed in
your packet.
Actions to be Taken:
(1) Award the bid to A & K Construction or Rochon Corporation;
(2) Decide how the project is to be financed (with or without
Shady Hills);
(3) Set a public hearing on the proposed ordinance contingent upon
the decision under item 2;
(4) Prepare the assessment roll for the project. This is not part
of the engineering contract for the water treatment plant.
The Administrator recommends that our regular city Engineer,
OSM, be asked to prepare the assessment roll on this project.
This needs to be approved by the city Council.
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~ ASSOCIATED.
~~ CONSULTANTS
ENGINEERS. INC.
REGISTERED PROFESSIONAL ENGINEERS
3131 FERN BROOK LANE NORTH
MINNEAPOLIS. MINNESOTA 55447
612/559-5511
FAX 612/559-5514
.
~,\~'( , 6 \99\
May 14, 1991
City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55361
RE: #91458, Shorewood
Dear Councilpersons:
Bidders
The lowest bid before consideration of alternates is A & K
Construction Co'. A & K has been active for many years in water and
waste treatment plant construction. However, if Alternate 2 to Bid
Item I is accepted, Rochon Corp. becomes the low bidder. Rochon
has been in business for 6 years. They have built municipal
buildings but no water treatment plants.
Recommendations
Bid Items I, II and III: We recommend acceptance of the
proposal of the low bidder.
Alternate
originated in
the building.
follows:
1, add brick to the walls. This alternate
the Council in an effort to improve the appearance of
The quotes for the two lowest bidders are as
A & K
Rochon
$17,435
$7,700
Alternate
comply with the
used for human
alternate.
2, delete railings from timber walls: The railings
State Building Code if the area is considered as
occupancy. We recommend against accepting this
Alternate 3, landscaping: This alternate partiallY screens
and softens the appearance of the building as well as enhances the
surrounding area. We recommend acceptance of this alternate.
- ~ -".-,-..-c~....,.,.,.-,,,,,.,......,,.-..-~-~=.~-,,,-.,-_....--..~~?...,,.,-,:..,.,..:-:-
.
.
Note that the difference between #1 and #2 is an increase in
scope. We added a recycling basin. The difference between #3 and
#4 is the addition of brick and landscaping (Alts. 1 & 3).
The number of parcels used in the study was 500. The staff
have informed us that the actual number of parcels is 414 house
lots and 4 commercial lots. The commercial lots are equivalent to
19 house lots for assessment according to staff. The Shady Hills
area is not included since it may be some time before it is
connected to well #7. The cost per parcel is shown in the table.
The cost per parcel stated in the study and the public hearing was
$1,330.
Very truly yours,
ASSOCIATED CONSULTANTS ENGINEERS, INC.
~WU~
Noel W. Vogen, P.E.
NWV/da
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.21/91
RESOLUTION NO.
A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
WATER TREATMENT PLANT FOR THE
SOUTHEAST AREA TRUNK WATER SYSTEM
WHEREAS, pursuant to an advertisement for bids for local
improvements designated as Southeast Area Trunk Water System, City Project
No. 91458, bids were received, opened on 13 May 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
is the lowest responsible bidder in compliance with the specifications for
Bid Item
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, Project No. 91458, according to the plans and
specifications therefor approved by the City Council on file in the office
of the City Clerk, subject to Paragraph 2, below.
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
28th day of May 1991.
Barbara J. B rancel, Mayor
ATTEST:
James C. H urm
City Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
~~
.
.
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
MEMO
TO:
MAYOR AND COUNCILMEMBERS
FROM:
AL ROLEK
DATE:
MAY 22, 1991
RE:
PERMANENT TRANSFER FROM GENERAL FUND TO PARK CAPITAL
IMPROVEMENT FUND
The City Council made a temporary transfer of $26,000 at the end of
1989 from the General Fund to the Park Capital Improvement Fund to
keep the fund from going into deficit. This transfer was to be
paid back out of future park dedication fees.
Members of the Park Commission have since asked about the status of
this transfer. As receipt of park dedication fees has slowed in
recent months, and as the park referendum has been put on hold, the
likelihood of repaying this amount is in question. The Council has
shown an interest in the recent past in improving the parks in
approving certain proj ects; however, other than a transfer of
defeasance funds for the sprinkler system in Freeman Park, no money
has been budgeted for these improvements.
Due to the lack of funding in the past, and the ever-dwindling
resources in the Park Capital Improvement Fund, it is recommended
that the temporary transfer of $26,000 to this fund made in 1989 be
made permanent. This will not detract from the integrity of the
General Fund in any way. A resolution can be drafted for the next
meeting at the direction of the Council.
Please call me should you have any questions relative to this
matter.
-") 7') "
1:',7//- .7
L
A Residential Community on Lake Minnetonka's South Shore
LW RESTORATION, INC.
620 Hamel Road
Hamel, MN 55340
612-478-'3421
.
~t~Y 2 0 Jr
SIGN-UP FORM FOR EURASIAN WATERMILFOIL INSPECTIONS
CHRISTMAS LAKE / HENNIPEN COUNTY
City of Shorewood
c/o Mr. Al Rolek or Mr. Jim Hurm
5755 Country Club Road
Shorewood, MN 55424
Please read each option carefully. Indicate the options you
desire by putting an x in the space provided.
EURASIAN WRTERMILFOIL INSPECTION PROGRAM :
Lake Restoration, Inc. trained and licensed personnel will
conduct inspections consisting of a minimum of 10 grapple samples
per acre with a more concentrated effort in public areas. Weed
samples are documented and if eurasian watermilfoil is found the
shore area is marked and-the location mapped. A report with the
findings will be issued upon completion of the program.
A.
Inspect~on of the entire littoral zone (area less than
15 feet deep). Cost $673/per inspection.
Desired number and timing of treatments:______________________
.
--------------------------------------------------------------
B.
Inspection of common use areas. Includes park areas
and public and private launches. Cost $300/per
inspection. Recommend 2 inspections during the season.
Number of inspections desired:
.
---------------------
Please sign and return the white copy of this form as soon as
possible to assure a place in the schedule.
Signature__________________________ Date________________________
14-P-{
CK NO
.
.
CHECK APPROVAL LISTING FOR MAY 28, 1991 COUNCIL MEETING
TO WHOM ISSUED
PURPOSE
AMOUNT
CHECKS ISSUED SINCE MAY 9. 1991
6761 (G)
6762 (G)
6763 (G)
6764 (L)
6765 (L)
6766 (L)
6767 (L)
6768 (L)
6769 (L)
6770 (L)
6771 (L)
6772 (L)
6773 (L)
6774 (L)
6775 (L)
6776 (L)
6777 (L)
6778 (L)
6779 (L)
6780 (L)
6781 (L)
6782 (G)
6783 (L)
6784 (L)
6785 (L)
6786 (L)
6787 (L)
6788 (L)
6789 (L)
6790 (L)
6791 (G)
6792 (G)
6793 (G)
6794 (G)
6795 (G)
6796 (G)
6797 (G)
6798 (G)
6799 (G)
6800 (L)
6801 (G)
6802 (G)
6803 (G)
6804 (G)
Egghead Disc. Software
US Postmaster
Alan Rolek
Air Refrigeration
Bellboy Corporation
Boyd Houser Candy/Tob.
Cash Register Sales
Midwest Coca-Cola
Day Distributing Co.
East Side Beverage Co.
Franck's Trucking
Griggs, Cooper and Co.
Hoops Trucking
Johnson Brothers Liquor
Mark VII Distributors
Minnesota Bar Supply
North Star Ice
Ed Phillips and Sons
Pogreba Distributing
Quality Wine/Spirits
Thorpe Distributing
Mr. Richard Reever
Bellboy Corporation
Griggs, Cooper and Co.
Johnson Brothers Liquor
Minnegasco, Inc.
Minnesota Bar Supply
Ed Phillips and Sons
Quality Wine/Spirits
Weekly News, Inc.
Commisso of Revenue
First State Bank
ICMA Retirement Trust
City Cty Credit Union
Child Support Enforce.
PERA
Internal Rev. Service
Petty Cash
National Camera Exch.
Bureau-Acohol, Tob. FA
Lightly Epicurean
Bradley Nielsen
Mr. Allen Ofstehage
Mr. Vern Watten
Computer software
Newsletter postage
Section 125 reimbursement
Maint/repair on coolers
Liquor purchases
Misc. and supplies purch.
Cash register drawers
Misc. purchases
Beer and misc. purchases
Beer and misc. purchases
Liquor and wine purchases
Liquor, wine and misc. purchases
Liquor and wine purchases
Liquor and wine purchases
Beer and misc. purchases
Misc. and supplies purchases
Misc. purchases
Liquor and wine purchases
Beer and misc. purchases
Liquor and wine purchases
Beer and misc. purchases
Reimbursement of water connec.
Liquor purchases
Liquor, wine and misc. purch.
Liquor and wine purchases
Utilities
Misc. and supplies purchases
Liquor and wine purchases
Liquor and wine purchases
Advertising
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Tax payment
Kitchen supplies/food for council
Light for overhead projector
Special tax renewal
Food for council meeting
Section 125 reimbursement
Recycling award
Copying/reduct. Sr. Hsing Stdy
TOTAL GENERAL
TOTAL LIQUOR
TOTAL CHECKS ISSUED
-1-
*1
$
349.99
376.62
58.Z>
Z71.oo
3,014.29
2,980.37
69.40
325. ro
4,138.32
11,977.15
133.70
7,665.29
391.41
3,526.51
6,525.75
347.59
21.0 .84
1,811.60
2,030.25
2,230.85
16,352.25
2,000.00
2,787.75
3,094.44
1,022.65
41.00
248. ro
465.75
1,099.26
216.00
&S3.9)
5,216.06
557 .50
45.00
178.Z>
1,650.43
2fJ6.51
Sl.69
25.46
91>.00
1213.00
140.00
100.00
8.06
12,021.62
73,458. 70
85,480.32
CK NO
.
.
CHECK APPROVAL LISTING FOR KAY 28, 1991 COUNCIL MEETING
CHECKS FOR COUNCIL APPROVAL
TO WHOM ISSUED
6805
6806
6807
6808
6809
6810
6811
6812
6813
6814
6815
6816
6817
6818
6819
6820
6821
6822
6823
6824
6825
6826
6827
6828
6829
6830
6831
6832
6833
6834
6835
6836
6837
6838
6839
6840
6841
6842
6843
Abdo, Abdo and Eick
Alternative Staffing
Boyum Equipment
Bryan Rock Products
Communications World
Dem Con Landfill
Economy Systems, Inc.
KAR Products
Lyman Lumber Company
MTI Distributing Co.
Metro. Waste Control
Metro. Waste Control
Midwest Asphalt Corp.
Midwest Business Prod.
Midwest Mailing System
Minnegasco, Inc.
Commissioner of Trans.
MN Suburban Publications
Mtka Public Schools
National City Bank
Navarre True Value
Northern States Power
Norwest Bank
Joseph Pazandak
Penberthy Law Offices
Alan Rolek
Katie Snyder
So Lk Mtka Public Safety
Toll Company
Tonka Ford
Twin City Stamp/Stencil
US West Communications
Underwater Schools/Amero
Van Doren, Hazard, Stale
Vessco, Inc.
Victoria Repair/Mfg.
Water Products
Witt Financial
Zack's Industrial Sup.
PURPOSE
Auditing services
Temporary receptionist
Truck parts
Rock for streets/ballfields
Speaker phones/phone servicing
Dumping fees
Transcribing equipment
Public works shop supplies
Lime for ballfields
Mower belts
June contract payment
April SAC charges
Street supplies
Office supplies
Postage tape
Utilities
Re-Iamping services
Publishing
Computer/copier paper
Fees on GO Bond 12/1/71
Public works supplies
Utilities
Fees on MN Sewer S/A 6/1/72
Protective inspection mileage
Legal serv-Kennelly separation
Mileage and conference expenses
Board of review minutes
June police contract payment
Face shield-Public works
Truck parts
Door plates
Utilities
Wet suit rental
Park planning services
Boulder Bridge well repair pts
Iron for street sweeper parts
Water meters/accessories
Financial services
Public works cleaning supplies
TOTAL CHECKS FOR APPROVAL
TOTAL CHECK APPROVAL LIST
-2-
AMOUNT
$ 2,000.00
446.13
100.50
295.~
21iO.00
17.50
fH/ .00
236.78
18).00
244.23
25,593.00
5,791. 50
29.23
12).58
21.50
146.78
165.44
15.50
12) .01
140.00
31..36
1,119.92
ax>.oo
59.04
1,056.00
00.18
100.00
30,675.18
13.36
24.24
55.26
503.56
713.00
358.00
954.18
94.00
1,459.57
247.50
88.51
73.969.44
89.706.74
CHECK APPROVAL L~NG FOR MAY 28, 1991 COUN. MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECK REGISTER FOR MAY 21. 1991 PAYROLL
205144 VOID
205145 VOID
205146 (L) Scott Bartlett 14 reg hours $ 78.65
205147 (G) Charles Davis 80 reg hours 463.57
205148 (G) Wendy Davis 80 reg hours 640 . 93
205149 (L) Kevin Foss 6 reg hours 31.93
205150 (L) John Fruth 22 reg hours 102.23
205151 (G) Patricia Helgesen 80 reg hours 768.60
205152 VOID
205153 (G) James Hurm 80 reg hours 1,439.95
205154 (L) Brian Jakel 59 reg hours 256.16
205155 (G) Dennis Johnson 80 reg hours 719. 98
205156 (L) William Josephson 80 reg hours 000.57
205157 (L) Mark Karsten 7 reg hours 35.16
205158 (G) Anne Latter 80 reg hours 556.75
205159 (L) Susan Latterner 24 reg hours 120 . 55
205160 (G) Todd La.tterner 44.25reg hours 366.16
205161 (G) Joseph Lugowski 80 reg hours 734. 78
205162 (L) Robert Lynch 25 reg hours 133.04
205163 (L) Russell Marron 50 reg hours 244. 39
205164 (G) Lawrence Niccum 82 reg hours 645.47
205165 (G) Susan Niccum 80 reg hours - 1 OT 599 .10
205166 (G) Bradley Nielsen 80 reg hours 866.19
205167 (G) Joseph Pazandak 80 reg hours 844. 08
205168 (G) Daniel Randall 80 reg hours - 2 OT 754.32
205169 (L) Brian Roerick 8 reg hours 42.57
205170 (G) Alan Rolek 80 reg hours 958. 33
205171 (L) Brian Rosenberger 17 reg hours 83.77
205172 (L) Christopher Schmid 80 reg hours 478.88
205173 (L) Craig Scholle 21.5 reg hours 100.14
205174 (L) Erica Shaw 48.5 reg hours 21.3 . 20
205175 (G) Howard Stark 80 reg hours 583.88
205176 (L) James Tews 25.5 reg hours 108. 97
205177 (G) Ralph Wehle 80 reg hours 584.73
205178 (L) Dean Young 80 reg hours 565. 51
205179 (G) Donald Zdrazil 80 reg hours 1.014.77
TOTAL GENERAL
TOTAL LIQUOR
12,541. 59
3.195.71
TOTAL PAYROLL
15.737.30
-3-