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102290 CC Reg AgP ~ CITY OP SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCTOBER 22, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30P.M. AGENDA 7:15 P.M. - REVIEW POR COUNCIL A. Election Problems B. Recycling Contract update 1. CONVENE REGULAR CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Watt en stover Brancel Mayor Haugen Gagne C. Review Agenda 2. APPROVAL OF MINUTES A. Regular city Council Meeting - October 8, 1990 (Att. NO.2A-Minutes) 3. CONSENT AGENDA A. Adopting a Resolution Appointing Election Judges for the November 6, 1990, General Election (Att. NO.3A-Resolution) B. Approving Annual Athletic Agreement with LMAA/TFA (Football) (Att. NO.3B-Agreement) C. Approving Construction $151,818.85 Project Appurtenant Work PaYment Voucher No.1 90-1 Street Overlay for and (Att. NO.3C-Voucher) D. Approving Construction Agreement for Freeman Park - irrigation and grading of Little League Field - with Tonka Men's Club (Att.No.3D-Agreement) E. Approving Lake Minnetonka Cable Communications 1991 Proposed Budget (Att.No.3E-Letter, August 22, 1990) .. AGENDA-HONDAY, OCTOBER 22, 1990 PAGE THREE 9. WATERFORD III - CONTINUED B. Resolution Calling for Feasibility Report for Internal Improvements (Att.No.9B-Resolution) 10. UPDATE ON ALTERNATIVES FOR GLEN ROAD DRAINAGE IMPROVEMENTS A. Watershed District Report B. setting Boundaries for Taxing District (October 29, 1990) 11. WATER TREATMENT PLANT ALTERNATIVES 12. SHOREWOOD FINA MART - LANDSCAPING COMPLAINT Location: Complaintant: 24365 Smithtown Road Richard More (Att.No.12-ComplaintLetter and Planners' Memo) 13. ACCEPT BIDS AND AWARD CONTRACT FOR SEWER INSPECTION AND RE- HABILITATION (Att.No.13-Engineers' Memo) 14. REPAIRS TO AMES BURY WELL PUMP (Att.No.14-Engineers' Memo) 15. MATTERS FROM THE FLOOR 16. STAFF REPORTS A. Planning Director's Report 1. Rental Housing Code Committee 2. Junk Boat Ordinance B. Attornev' s Report 1. Update on Rapid oil Change Sign 2. Review Amendment to City Code Requiring Sprinkling C. Engineer'S Report 1. Status of Bracketts Road 2. Grant Lorenz Drainage (Att.No.16C-2-Memo) .I" PAGE FOUR 16. STAFF REPORTS - CONTINUED D. Public Works Director's Report 1. Quotes for Underground Tank Removal (Att.No.16D-1-Memo) 2. E. ADMINISTRATOR'S REPORT 1. Appoint Senior Housing Task Force 2. Setting Meeting Dates for Election Canvas - November S, 1990 - 7:30 P.M. 3. RFP/Alternatives for Recycling in 1991 4. Park Dedication Fees in S.E. Area and silverwood Park Expenses (Att.NO.16E-4-Memo) 5. Acquisition of Bishop Property 6. policy on Charges for Agendas and Minutes vs. Publishing 7. Water Meter System S. Joint Use Sanitary Sewer Rental Agreement Between Shorewood and Excelsior (Att.No.16E-S-Letter) 9. Preliminary Budget Approvals Under Truth in Taxation a. LMCD b. Cable Commission c. West Hennepin Human Services d. SLMPSD 17. COUNCIL REPORTS A. Mavor Hauqen B. Councilmembers lS. ADJOURN TO EXECUTIVE SESSION SUBJECT TO.PAYMENT OF THE CLAIMS (Att. No. lS-Claims) . MEMO TO: FR: DT: :i .~~ ~: ......11....... ..._, ........,.." ....-.~,....... , , . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 The City Council Larry Whittaker Oct. 18, 1990 RE: ADMINISTRATOR'S REPORT, October 22, 1990, City Council meeting 1. SENIOR TASK FORCE - met Oct. 17 to "organize". The consultant suggested that members of the Task Force on Housing Alternatives for Senior citizens be given a chance to "volunteer" after the first meeting. Then, those who want to and can stay the course be appointed officially by the Council. Councilmember Gagne served as the liiaisonand should have a report on this Monday. 2. ELECTION CANVAS - Even with the potential for a prolonged counting process, Sandy assures me that the final tally will be ready by Thursday, November 8, 1990, at 7:30 P.M. for Council review and approval - as required by Statute. We need a motion setting the date and time for the Election Canvas. 3. RFP for 1991 RECYCLING CONTRACT - Sandy expects to have the required RFP for a joint contract by Monday night. I will bring it to the meeting and review it with you. 4. PARK DEDICATION FEES in the S.E. Area and SILVERWOOD PARK EXPENDITURES.- Al prepared the enclosed summary requested by the Council. Like the summary for Freeman Park, it does not include recently billed planning costs from Mark Koegler. I put this on the Agenda as I think we should seek a recommendation ~om the Park Commission on the allocation of Park Dedication fees. Surely, a significant part of the park dedication fees from a new neighborhood should be commited to acquisition and development of park in that neighborhood - Silverwood ~ark, in this instance. However, with new residents comes demands for additional facilities in the Community Park (Freeman Park) and some increase in use of specialized facilities in other parks (i.e. more demand for the hockey rink and football field in Badger Park). And, we are finding more and more demand for trails throughout :the City. Perhaps, the Park Commission could investigate policies of other cities with respect to use of dedication fees and recommend a policy to the Council. A Residential Community on Lake Minnetonka's South Shore ::p: \ b E- . . . MEMO, Administrator's Report Oct. 18, 1990 Page two 5. ACQUISITION OF BISHOP PROPERTY for future expansion of the of the Public Works facility does not seem practical at this time. The current plan indicates that the Department will have adequate space for the foreseeable future on the Cross property. If it becomes apparent at some time in the future (perhaps because of more joint efforts with adjacent cites, for instance))that we need the property, we can make an offer at that time. His offer to sell p~rt of the property (5 1/3 acres with the house) for $235,000 is $35,000 more than our appraisal put the value of the whole parcel. Note: He asked $300,000 for the entire parcel. I recommend we reject his offer to sell and indicate that we may still be interested in: 1. Purchase at the appraised price - or a revised appraised price after inspection of the home; and/or, 2. A future offer if changed conditions warrant it. 6. POLICY ON AGENDA CHARGES - We continue to get requests for copies of EVERY Agenda and ALL minutes. Providing these at no charge is getting expensive...in time, materials, and postage. I believe we must provide Agendas at no charge - to residents. I don't think we have to copy the minutes at no charge. I recommend we charge non-residents an annual fee for the Agenda service and everyone a fee for Minutes: Agendas - $25.00 Of 01 d h dO 0- d th C 01 Minutes _ $100.00 ~ ma~ e w en ~str~bute to e ounc~ We would continue to charge 25i per page for copying services at other times as that involves even more staff time - checking files, copying, separate labels, returning to file, work interruptions,etc. We could also have a fee for Commission Minutes and Agendas: Agendas - $15.00 Minutes - $50.00 as they tend to be shorter and the meetings less frequent. 7. WATER METER SYSTEM - Neither company that proposed a new meter system has provided additional information explaining their proposal. However, in the meantime, I had a long talk with Carl Zieman from Excelsior - who we were going to invite to help us evaluate them. He advised me that once they calibrate the readers to the meters (after a month of use), they have few problems with lag or differences between readings. They calibrate ALL meters once each year if discrepancies are found during their annual inside meter check. However, he sees merit in long-term conversion to the new system and will contact four or five communities he knows are using the new system once we decide to proceed. I now think we should, first, complete our evaluation of our water and sewer maintenance contract and, THEN, look into meter systems. If, after reviewing the contract, we choose to contract with Excelsior, we would coordinate any conversion with them. . . . MEMO, Administrator's Report Oct. j8, j990 Page three 8. JOINT USE SANITARY SEWER RENTAL AGREEMENT (Excelsior/Shorewood) Please review Carl Zieman's letter carefully. This discussion has been going on for some time - along with a discussion,'of the extremely high sewer use charges Shorewood pays to the Metropolitan Waste Control Commission (MWCC). I agree that Excelsior ought to be reimbursed for maintaining sewers that Shorewood customers use. Excelsior is providing a service that Shorewood customers pay Shorewood for - in our sewer charges. However, the MWCC used to pay Excelsior for this service - from the fees Shorewood paid to MWCC. Now, Shorewood is not getting a reduced rate, credit, or rebate from MWCC because MWCC quit paying Excelsior. We just continue to pay the second highest per capita rates in the metro area to MWCC AND, NOW, pay Excelsior besides. I don't think we should penalize Excelsior but, I do think we should commit some resources to prove we have lower per capita flows than are now attributed to us - and get our MWCC bill reduced over-all. Carl told me it took Excelsior almost two years, extensive metering, complete 1&1 reports, and lots of lobbying to reduce Excelsior's charges some years back. Perhaps, as the Mayor has long suggested, it is time for Shorewood to INVEST in the research for long-term reductions in annual MWCC use charges. 9. I'll have a verbal report on Preliminary Budget approvals and the impact Truth in Taxation laws are baving on our budget process. Basically, though, we may have to amend the budget process with several of our contracting/cooperating agencies to meet their needs and the requirements of the new laws. . . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watt en CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 PROJECT FACT SHEET: SHADY HILLS STORM SEWER IMPROVEMENTS October 4, 1990 HISTORY: When Shady Hills was developed, a 24" corrugated metal pipe was installed to carry the stormwater run-off from the neighborhood streets to the pond south of Shady Hills Road. An inadequate catch basin was also constructed at that time; and has been re- paired and improved several times since. That pipe and catch basin now need to be replaced as the pipe has corroded through in places and the run-off tops the catch basin and flows over the City easement and erodes adjacent property. PROJECT: The City proposes to replace the these worn out and outdated structures for a cost of approximately $35,000. FINANCING: The City does not have the resources to finance this - and all the other necessary - drainage improvements needed throughout the City. Therefore, the City Council has determined that the City must es- tablish Special Taxing Districts for each subwatershed where there is a drainage problem. These Districts enable the City to recover the costs of a Project through an ad valorum (property) tax increase on all property within the subwatershed that either contr~butes to or benefits from.the drainage improvement. If a District is established AND if a project is found feasible and approved ~fter a public hearing on the project, the City would add this tax to all the property within the District. PROCESS: State Statute permits the City to establish these Special Taxing Districts after holding a Public Hearing on an Ordinance defining the District boundaries. That hearing is October 8, 1990, at 8:00 P.M. in the Council chambers. Once a District is established, the City must hold a hearing on the Feasibility of the Project. You will receive a s~parate mailed notice of the hearing. If the City Council finds support for the project and finds that it is feasible, they may order it and set the amount to be levied against property within the Taxing District. A Residential Community on Lake Minnetonka's South Shore . . . . SHADY HILLS FACT SHEET Page two Exhibit A indicates the area proposed to be included in the Special Taxing District. A copy of the Feasibility Report and Plan are available for inspection in the City offices: 5755 Country Club Rd. If all parcels which are at least 50% within the Subwatershed Dis- tirct are included in the Special Taxing District - and bids for the work are in line with current estimates, each parcel would be taxed an average of $1,750.00 - plus interest - over a period that the City Council finds reasonable. With a project of this scale, the period is usually five (5) to ten (10) years. The final dis- tribution of costs will depend on the value of each parcel in the District. If this were levied over five years, the average annual increase in property taxes could be $405.00. If it were levied over ten years, the annual increase would fall to $241.48 on an average parcel. ASSUMPTIONS: 1. If any part of your property is within the subwatershed, you were included in the District boundaries. 2. Parcels may be excluded from the District if buildings are not in the subwatershed and/or less than 50% of the parcel is within the District. 3. All of a tax capacity of a parcel must be included in the District if ANY part of the parcel is included in the District. 4. Any costs for easements would add to the estimated costs... and would also have to be levied. If you have questions, comments or concerns about being included in the Special Taxing District, please attend the hearing on Mon- day, October 8, 1990, at 8:00 p.m. Thank you. Laurence E, Whittaker Ctiy Administrator , -- . 1 . I I . 5 I (37): (3(j): I I I I : :\.OT....---*--*- ".' t .J I ,- ~. \' \.-i I gi (41) 0> '-< ~ ~t= Vip .. VI o ICM 'r . . ~- :," ~:7.:,';>;-~,":;:.\;.~~$'; "7.'3~-' 7,'~ _ -. . "". ...... -- "'~ _" _.'; "!'~~h '.. ~"" ,- <to 'il (4) ( 5) >>4.1 ( 58) ... ,.: EXHIBll ~~~~" A" ""'" ;;-; :~:;:~-~::::.~~' -'-~-;:= '~"", v_^",_A_io':fjt.,",,~-,;o. .~" ' ,"5,- ~':_",,'"'-'_ ,.-::--;~~,'\._;...--,;., _~- -,,+i~)7:7f:<'--" .00 =- -=:]. fHt _...:-..~. . ," ~,~?-- _'o;.:'~ ~~"~- ~ -- 'w 11 CITY OF SHOREWOOD I REGULAR CITY COUNCI!:'.ETING MONDAY, OCTOBER 8, 1990 COT. L CHAMBERS 57~OUNTRY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Mayor Haugen called the meeting to order at 7:30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Haugen, Councilmembers Gagne, Watten, and Brancel. City Administrator Whittaker, City Attorney Froberg, City Planner Nielsen. City Finance Director Rolek, City Engineer Norton. Absent: Councilmember Stover REVIEW AGENDA Haugen asked that item 12 - Water treatment be deleted from the Agenda because Councilmember Stover was absent. She asked that a discussion of the Bishop property be added. Administrator Whittaker asked that item 11-C be deleted. He also asked that item 14 C- 3 be added. a report on Grant Lorenz Drainage. Gagne moved, Watten seconded, to approved the Agenda subject to the above changes. Motion carried - 4/0. APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the City Council Meeting Minutes of Sept. 24, 1990 subject to the following changes: 1. P. 9 - Par. 1, last sentence should read. IIHaugen said Tonka Bay has run a pipe across Manitou Park and said this would solve most of their problem. II 2. P.12 - In the Gary and Maureen Carlson paragraph, last sentence. Delete the word Ilfor". Motion carried - 3/1 ( Watten abstaining) CONSENT AGENDA Brancel moved, Watten seconded, to approve the following Consent Agenda. RESOLUTION NO. 109-90 A. "A Resolution Approving Subdivision of Real Property of John A. Cross." 1 df} CITY OF SHOREWOOD ~ REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 8, 1990 CdlltIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 B. Release of Escrow for Marilynwood 2nd Addition Subject to Payment of all Costs. C. Permanent Appointment of Larry Niccum Motion carried - 4/0 on a roll call vote. 7:30 P.M. PUBLIC HEARING - RENTAL HOUSING CODE JOHN DENNIS - 5540 CTY RD. 19 - APARTMENT BUILDING Mr. Dennis felt the Rental Housing Code should apply to any dwelling in Shorewood. He said the Building Code covers most of the items that are in the Rental Code. Dennis said Shorewood is targeting the rental people, who already pay a tax rate 3 times higher than homesteaded owners. He said it was another method of generating fees. Dennis said the Code states that the landlord must grant entry into apartments for inspection. He said his lease does not permit this and he won't do it. RICK MORAN - B T VENTURES Mr. Moran said he just heard of this proposed code. He said he is glad the Council is soliciting input. He feels there should be fairness and equal protection to all residents in the Code. He is not opposed to a code but it should be put together by the people it affects. He said neither landlords nor tenants were asked. He said the City should get them together with the Staff to come up with a Code. He also said there is a distinction between single family rental and multiple family rental. MOONYEEN BONGAARDS - 25600 BIRCH BLUFF ROAD Ms. Bongaards is opposed to the Code. She said it hurts those it intends to help. Ms. Bongaards said she understands the reasons for the Code but feels that the majority of residents don't want it. She feels the Code is anti-free enterprise; it represents too much government regulation, which ultimately means a diminished number of units for rent. She stated the cost will be passed on to the very people the City is trying to protect. Bongaards said the citizens of Shorewood vote for free enterprise candidates. She said the Council should look after the good of all the residents. JIM DUTCHER - TONKA BAY Mr. Dutcher asked the Council why they are instituting this code. He wanted to know how many complaints the City has had. He feels that disputes between landlords and tenants should be handled through the courts. He has owned property since 1960 and the majority of his units are in Shorewood. He has had no problems and says the Code doesn't make sense. He will not comply with the Code provisions. ~ k CITY OF SHOREWOOD ... REGULAR CITY COUNCIL~ETING MONDAY. OCTOBER 8. 1990 COt"'IL CHAMBERS 57~COUNTRY CLUB ROAD PAGE 3 KEITH ARNESON - CHRISTMAS LAKE Arneson owns a 40 year-old house on Christmas Lake which he leased for 4 years. Many items will have to be repaired in a house as old as his. He feels the Code represents too much government interference. If he refuses to comply. will the City actually evict a tenant. Will the City readjust his property taxes. PAT NIEMI - NO ADDRESS GIVEN Mrs. Niemi and her husband have owned property in Shorewood for 20 years and have had no complaints. She feels this is too much government interference and would like her fee rebated. Niemi said due process was not followed. DAVID RYAN - 25560 SMITHTOWN ROAD Mr. Ryan recently rented out his house. The house dates to the early 1900's and if the Code is enforced he will move out. He thought the Code was ridiculous. THE PUBLIC HEARING WAS CLOSED AT 7:55 P.M. Councilmember Gagne asked Planner Nielsen how many complaints the City has received. Planner Nielsen said there have been a handful this year. He said there are 99 properties and 149 units in Shorewood. Gagne asked what brought about the introduction of a Rental Housing Code. Councilmember Brancel explained that there had been a complaint about two properties in Shorewood. The Building Inspector and the Fire Marshall inspected the house and cited the houses. The owners were sent certified letters and no there was a response from one owner. Haugen asked if the owner was an out of town landlord. Brancel said he was. She said the house had a faulty furnace and was giving off carbon monoxide. Councilmember Watten asked Nielsen about the nature of complaints. Nielsen said many of them are zoning problems. such as residents renting out their basements in single-family areas. Some complaints are from tenants who are dissatisfied and want some sort of revenge on the landlord. He also said there are serious situations, when the properties are in poor condition but not a condemnation situation. The current code does not give the authority to handle these cases. Brancel asked Nielsen how many landlords have paid the fee. Nielsen said the majority have not. Gagne said that tenants live in properties they cannot get repaired and should have rights. He said something should be done about this type of property. Brancel agreed and said the Council and landlords should come to a happy medium. Watten said the first paragraph of the Rental Housing Code states it's purpose. The Code is for the renter's benefit. 3 CITY OF SHOREWOOD ~ REGULAR CITY COUNCIL MEETING MONDAY. OCTOBER 8. 1990 CO~L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 JOHN DENNIS Dennis said Minneapolis has an active housing inspection. It does not discriminate between rental and non-rental housing. He said many of these problems can be handled through the building code. Nielsen said the City has no current building or fire Code to handle these problems. He also stated that Minneapolis just passed a Rental Housing Code. Haugen said that Minneapolis also has a private housing code called a Truth in Housing. It is designed to protect buyers of houses. Nielsen said the Staff studied a Rental Housing Code for one year. This Code sets minimum standards. He said it could be pared down. The staff did not include any cosmetic standards just health and safety standards. If the City wants a Code this Code covers everything. Brancel also stated the Code is very basic. ARNESON A tenant can go to court if he has a problem with his landlord. City Attorney Froberg said Conciliation Court will not hear a case of that kind. The tenant can withhold rent until the problems are resolved. After a judgement is rendered in court, the landlord has 30 days to complete the work. Brancel said the landlords often just do minimum work. Watten said a person does not need the court to have the gas shut off, the gas company will do it. RICK MORAN Moran said there are rules in place to handle these problems and the City does not need a new code. He has rented to one family for 8 years and one for 6 years and he does not want to have inspectors disturb them. Nielsen the inspections are once every 3 years. JOHN DENNIS Dennis said he does not have the authority, in his lease, to enter his tenants apartments. Gagne said he does have the authority to enter in case of emergencies. He said this Code give the tenant a vehicle for complaint. It protects the renter. PAT NIEMI Niemi said the house across from her rental property has debris throughout the property. She has called City Hall 3 times but nothing has been done about the house. She feels the City is targeting people who take care of their rental property. Nielsen said he has heard about the property but needs an address. 4 CITY OF SHOREWOOD ~ REGULAR CITY COUNCIL MEETING MONDAY. OCTOBER 8. 1990 CO'IL CHAMBERS 575 COUNTRY CLUB ROAD PAGE 5 DAVID RYAN Ryan said water from Smithtown Road and Eureka Road drains onto his property and drains into his basement. Why hasn't the City fixed this? Nielsen suggested he discuss it with the Public Works Department. JIM DUTCHER Dutcher said the City can't fix a faulty furnace for a tenant. The City should not get in between a landlord and his tenant. If there is a problem, it can be handled in court. Brancel said, if there is no heat in the Fall, the only thing a tenant can do is move. Gagne asked Froberg if the City can adopt a Code with fewer regulations. Froberg said the landlords could confer with the City staff and recommend a Code that is more acceptable to them. Brancel said the Code can be modified. Gagne asked if the landlords present would be willing to serve on an advisory committee. Haugen said they should call Planner Nielsen to volunteer. Nielsen said the Rental fee should be returned to the landlords that paid it. Gagne told the landlords that there will be a Rental Code of some type. Gagne moved. Brancel seconded. to approve suspending the enforcement of the Rental Housing Code and the returning of the fees until the Code has been reviewed. Motion carried - 4/0. Haugen said she would like to see advisory committee and the Staff meet before the first of January. 8:00 P.M. PUBLIC HEARING - CONSIDER ORDINANCE ESTABLISHING SPECIAL TAXING DISTRICT FOR SHADY HILLS SUBWATERSHED Mayor Haugen called the Public Hearing to order at 8:35 P.M. A. Presentation of Feasibility Report - Engineer Norton City Engineer Norton presented the Feasibility Report on the Shady Hills drainage. Rev. Paul Almquist, of 19355 Shady Hills Road, is at the low point of Shady Hills Road and has a significant water problem. The drainage system in the area is 35 years old and has served it's useful life. It should be replaced. The system cannot handle the flow of water at the bottom of the hill. This is either due to insufficient inlet capacities or a restricted pipe flow or both. The report proposes to install a new pipe with new catch basins and concrete curb. The estimated cost is $35,000. Mr. Norton described the properties benefitted by this improvement. 5 CITY OF SHOREWOOD ... REGULAR CITY COUNCIL-MEETING MONDAY. OCTOBER 8. 1990 C~IL CHAMBERS 5~COUNTRY CLUB ROAD PAGE 6 Administrator Whittaker explained that the area Norton defined as "properties benefitted by the improvement" would be designated a Subwatershed District and included in a Special Taxing District. In a Special Taxing District. the costs of the project are distributed throughout the Taxing District based on the value of the property. This is an Ad Valorem Tax. The Public Hearing tonight is to define the Special Taxing District. A second public hearing is held on the feasibility of the project and an estimate of the tax is calculated. All parcels which are at least 50% in the Special Taxing District will probably be taxed. A third Public Hearing is held when the tax is assessed. Haugen asked Norton why the commercial area on HWY. 7 was not included in the drainage project. Norton said the majority of the water in that area drains into a Mn/Dot pipe on the service road. Watten asked about a topography map to show the elevations. Norton said the entire area contributes water to the low point of the area. B. Public Hearing on Ordinance Establishing Shady Hills Sub- watershed District. KATHERINE CREEDEN - 5345 SHADY HILLS CIRCLE Mrs. Creeden said that Shady Hills Circle slopes away from the district. The City should be consistent and exempt the Circle. PEGGY MARSDEN - 5251 SHADY HILLS CIRCLE Mrs. Marsden also said Shady Hills Circle slopes away from the district. PAULA GREGG - 5320 SHADY HILLS CIRCLE Mrs. Gregg asked why were the lots on Vine Hill exempted from the project? Whittaker said they do not drain to the pipe. She asked if the wetland area will be affected. Haugen said the same amount of water will drain into the wetland. Gregg asked about the size of the pipe. Whittaker said the size of the pipe would remain the same. Norton said the same size pipe will be adequate. MARK HUGO - 5395 SHADY HILLS CIRCLE Hugo asked if the pipe by the Almquist house is collapsed? Norton said it was collapsed in places. Hugo asked if the pipe had been checked for silt and can it be rehabilitated. Norton said it cannot be rehabilitated and he recommends replacing the pipe. Paula Gregg - asked how long the pipe would last. Norton said about 50 years. Gregg also asked why only 20 parcels were used in the tax calculations. Whittaker said these parcels are more than 50% in the subwatershed. 6 CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 8, 1990 COUeL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 Katherine Creeden - asked, if the property does not contribute to the drainage problem, will it still be included in the Special Taxing District? Whittaker said that if the property does not contribute surface water to the subwatershed then the Council may exclude it from the Special Taxing District. JOHN ASKINS - 19385 SHADY HILLS ROAD Mr. Askins asked Norton what led him to believe the pipe is plugged. Norton said the area adjacent to Mr. Almquist's house is caved in. Askins asked if the pipe was dug out. He felt the pipe is not corroded. Norton said he didn't know if the pipe was dug out and he did not do a televised inspection. He said the pipe is questionable, it does not handle the flow of water. Hugo said he would inspect the pipe. Askins about using a telescoping camera. Norton said that, even if the pipe is still in good condition, he would not recommend using the pipe. The pipe has served it's useful life. He will not support using this pipe. Askins asked about using a sleeve in the old pipe. Norton said corrugated pipe is not inherently strong, it could collapse. Gagne said the City has patched drainage projects for many years, but now he wants to see things repaired so there are no more problems. Hugo asked when the work would be completed. Norton said the pipe replacement could be done this year and then the project finished in 1991. Creeden - asked when the Special Tax District would be established. Haugen said they were doing that now. Gagne asked Whittaker to explain the process of establishing a Special Taxing District. Whittaker explained: 1. The first Public Hearing is held to establish the boundaries of the District. Then the Council can get firm figures on the property values. 2. The second Public Hearing is held on the Feasibility Study. 3. The third Public Hearing is held on the assessment of the project. Haugen said the Council should have a workshop to establish the boundaries of the district. The Council will have to decide the criteria for inclusion in the Special Taxing District. Gregg asked if there is an appeal period. Froberg said residents can appeal within thirty days of the Council's decision to the District Court. LEOLA BREID - 5240 VINE HILL ROAD Water flows into her basement from the Shady Hills area and she doesn't feel she should be included in the Special Taxing District. 7 CITY OF SHOREWOOD ~ REGULAR CITY COUNCIL MEETING MONDAY. OCTOBER 8. 1990 CO~IL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 REV. PAUL ALMQUIST - SHADY HILLS CIRCLE Rev. Almquist has lived in his present house for one year and has had many water problems. He is grateful that the City has taken the problem seriously. Almquist said that many of his neighbors will be affected by this project and he doesn't want any unnecessary expense. He understands the rationale for doing a good job. He felt there might have been a lack of communication, when the pipe was exposed there were no signs of deterioration. He would like to have the pipe examined and get the data accurate. LLOYD ENGLER - 5230 VINE HILL ROAD Mr. Engler is neighbor of Mrs. Bride. Hill Road from the Shady Hills area. water runs off into a wetland through part of the subwatershed. He said the water runs to Vine His lot is a high point, the a culvert. He feels he is not PEGGY MARSDEN - SPEAKING FOR HER MOTHER Marsden's mother owns four vacant lots in Shady Hills Circle. These are cliffs and do not contribute to the problem. JIM SIMONDETTE 5690 SHADY HILLS CIRCLE Simondette wants to fix the problem but wants to know if it can be cleaned out. Can the project wait a year. BREAK - 9:30 - 9:40 C. Consider Ordinance to Establish District Haugen asked if a camera could be run through the pipe. Gagne said he didn't think the Council should second guess the Engineer. He said the Council pays him a lot of money to make these decisions. Gagne felt the assessment for drainage projects should be City wide. The decision to use Special Taxing Districts was not unanimous. Watten also said it was time Shorewood recognized it is not a rural area. It is a City and the entire City may need improvements and may have to share in the cost. Hugo said there was doubt as to whether this is a new problem and he questioned whether the same size pipe would really solve the problem. Haugen said the State has authorized cities to set aside a percentage of their tax levY for drainage problems. However, Shorewood has identified three problems in 1990 and this tax alone would not pay for these projects. Whittaker also said that the projected cost for these drainage problems is $300,000 and the general fund cannot support this. 8 CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 8, 1990 CO~IL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 D. Consider Resolution Accepting RESOLUTION NO. 110-90 Feasibility Report and calling for a Public Hearing on Proposed Project Gagne moved, Brancel seconded to adopt RESOLUTION NO. 110-90. "A Resolution Accepting the Feasibility Report and Calling for a Hearing on the Shady Hills Drainage System'., on Nov. 19,1990 at 7:45 P.M. Motion carried - 4/0 on a roll call vote. Gagne asked if future projects can be assessed City wide. Froberg said that once an assessment is made, then it cannot be changed. Another City Council can change the assessment policy. Watten asked if past assessments can be adjusted. Froberg said this could be done with an abatement. The Council set Monday, Nov. 19, 1990 at 7:30 P. M. as a Council workshop to discuss the Shady Hills drainage problem. Watten moved, Gagne seconded, to table the Ordinance Establishing Storm Sewer Improvement Tax District No.2, Shady Hills Subwatershed until the Nov. 19, 1990 City Council meeting. Motion carried - 4/0. COMMISSION REPORTS: A. PARK COMMISSION No report (no meeting) B. PLANNING COMMISSION Planner Nielsen said his report would be on the Kuempel Chime C.U.P. FINAL PLAT - R BOWMAN ADDITION RESOLUTION NO. 111-90 Froberg said the only major change to the Development Agreement is the addition of the City of Deephaven to the Agreement. The Agreement also provides that the City of Shorewood will maintain and plow the public street once it is constructed by the developer. The Final Plat shows the addition will be the R Bowman Addition. Haugen asked if the street was wide enough to maintain. Froberg said yes. Brancel moved, Gagne seconded, to adopt RESOLUTION NO. 11~ -90, itA Resolution Approving the Plat of R. Bowman Addition. It Motion carried - 4/0 on a roll call vote. 9 CITY OF SHOREWOOD ~ REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 8, 1990 CO~L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 REQUEST FOR WETLAND MAP AMENDMENT APPLICANT: NEIL VEGSUND - PLUMBLINE BUILDERS LOCATION: 6090 LAKE LINDEN DRIVE Haugen said the City Council is careful to protect wetland areas, however, this designated wetland has been filled for about 15 years. Brancel moved, Gagne seconded, to instruct the Attorney to draft An Ordinance Amending Section 1102.03 of the Shorewood City Code, amending the wetland map for Linden and Marilynwood. Motion carried - 4/0 on a roll call vote. FREEMAN PARK LITTLE LEAGUE FIELD IRRIGATION JIM LATTERNER - OF TONKA MEN'S CLUB Mr. Latterner said that the estimate received by the Tonka Men's Club for construction of the Freeman Park Little League Field includes irrigation of the field. They are asking the City to pay for the extension of the water line and to provide power to the system. MARK KOEGLER - PARK PLANNER Mr. Koegler did not recommend installing the irrigation system unless it would be used in the spring. He said it is not a good idea to let it sit. Koegler said there is another possibility. The system could be connected without a booster pump and the electricity would have to be run 1300 ft. These could be achieved for about $4000 to $5000. However, this does not fit the long-term need to sprinkle all three fields. Gagne asked Zdrazil what has been done with the other two fields in the south part of Freeman Park. Zdrazil said the Public Works Dept. does not irrigate them now. GORDY CHRISTIANSEN - CHAIRMAN, PARK COMMISSION Christiansen said there are four park priorities in 1990, they are: 1. Silverwood Park 2. Cathcart Park, restructuring 3. Freeman Park Little League Field 4. Irrigation of Freeman Park. Christiansen said he has not talked to the other Park Commissioners. However, he feels that if the City has an organization who will fund the ballfield to the City's specifications, then let them do it. He said the cost seemed a little high. He wants the field done correctly. Whittaker said the proposal for the Little League Field never included irrigation. The Council talked about reserving capital projects funds for the gas tank removal until we know the total cost. 10 CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEETING MONDAY. OCTOBER 8. 1990 CO.L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 11 Brancel asked Zdrazil if the irrigation would save money. Zdrazil said it would. Koegler said he would like to clarify the plan from the Men's Club. Latterner said there is a pre-construction meeting October 22. 1990. Gagne moved. Brancel seconded. to authorize the payment of up to $10.000 for extending the water line and electricity for the Freeman Park Little League Field. Motion carried - 4/0. KUEMPEL CHIME - CONDITIONAL USE PERMIT RESOLUTION NO. 114-90 Planner Nielsen said the fence has been removed on the east side of Kuempel Chime and a boulder fence installed with arborvitae. Nielsen said a letter of credit is not necessary if the work is already done. JOE LAWVER HSW. INC. Mr. Lawver purchased Kuempel Chime and would like an approval of the revised C.U.P.; so he can close the purchase of the property on Oct. 15. 1990. Watten moved. Brancel seconded. to adopt RESOLUTION NO. 114-90. "A Resolution Granting an Amended Conditional Use Permit to Kuempel Chime Clock Works and Studio," Motion carried - 4/0 on a roll call vote. WATERFORD III RESOLUTION NO. 112-90 RESOLUTION NO. 113-90 RESOLUTION NO. 115-90 A. Consider Resolution Receiving Feasibility Report and Ordering Public Improvements Waterford Third Phase GEORGE SHERMAN - SHERMAN BOOSALIS Sherman said that Sherman-Boosalis proposes to purchase the Waterford Third Phase property from Trivesco. While trying to work out agreements with Trivesco. it became apparent that there is a difference in the TIF agreement. Two sets of agreements were presented. One stated that the property would be valued as of Jan. 1. 1991. the other set said Jan. 1. 1992. There will be no public improvements at the site as of Jan. 1. 1991. He would like to know if the City plans to value the property at 5 million dollars three months from now or 1.7 million dollars. Sherman-Boosalis is willing to guarantee the value of improvements as of Jan. 1. 1992. :l1 CITY OF SHOREWOOD ~ REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 8, 1990 cor~L CHAMBERS 57~COUNTRY CLUB ROAD PAGE 12 FINANCE DIRECTOR ROLEK The TIF plan assumed a partial value of construction on the property in 1991, payable in 1992. The Staff asked Sherman if he would be willing to make more guarantees for later years to compensate for lower values in 1991/1992. Previously the TIF plan assumed only the residential lots. without buildings. The new agreement would assume buildings on these lots. Sherman agreed to guarantee the value of the buildings, according to an agreed-upon schedule. Whittaker said the Staff is assuming the same revenue over the life of the district. Gagne asked Froberg if he was satisfied with the new TIF figures. Froberg said the numbers work out alright. Gagne said he didn't want future Councils stuck with an agreement that didn't work. Sherman said he will be putting up a $680.000 letter of credit and $1.2 Mil. in assessments for an intersection that he feels basically costs $500.000. He said the City staff has done a wonderful job of protecting the City. He said he has to perform. Whittaker said Springstead Inc. generated the new TIF figures and Sherman said he would like to have them review the figures one more time. Whittaker said the Council should approve the changes to the assessment agreement. He said that. originally. there was no guarantee that the houses would be built. Sherman will now guarantee construction of homes or the value of those homes for tax purposes. The revenue will not be necessary to retire the bonds. Sherman said that as of 1-1-91 the property will be assessed at a value of $1.7 Mill. On 1-1-92. the single family lots will be assessed at a value of $2.1 Mill. and the commercial will be built and assessed at a value of $3.2 Mill. He anticipates the retail will be built 1-1-92 and additional commercial and additional homes by 1-1-93. By 1-1-94 more homes will be built and 8-10 homes per year thereafter. Haugen said she wants a sign up at Old Market Road and HwY. 7 stating that the road will go through to HwY 7. RESOLUTION NO. 115-90 Gagne moved, Watten seconded, to adopt RESOLUTION NO 115-90. "A Resolution approving an amended assessment agreement between the City of Shorewood and Sherman-Boosalis, Inc. subject to the revised figures for the assessed property being reviewed by Springstead, Inc.'1 Motion carried - 4/0 on a roll call vote. Sherman said the signature by Trivesco to the contracts will be completed by Tuesday. 12 CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEETING MONDAY. OCTOBER 8. 1990 CO. L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 13 BREAK Brancel called the 11:00 rule. B. Consider Resolution Ordering the Preparation of Plans and Specifications for Public Improvements Waterford Third Phase Norton presented the Feasibility Report for the Street and Watermain Improvements for Waterford Third Phase and Old Market Road. The project proposes to connect Old Market Road with Hwy 7 and the frontage road will be improved. Waterlines will be extended across Hwy 7 and along the frontage road. Mn/Dot has asked the City to close 5 access points on Hwy 7. but they may want a ramp on the north side. A new signal will be installed. Norton did not anticipate paying for either the easement for the intersection or the watermain. Watten asked about the 35% contingency cost. Norton said this figure includes all indirect costs and that is how it should be stated. Norton also said the Mn/Dot funds that will be available to Shorewood will amount to $216,000, as they will add Engineering to the grant. Norton said the pre-construction schedule is very ambitious but they intend to meet it. RESOLUTION NO. 112-90 Watten moved. Gagne seconded. to adopt RESOLUTION NO. 112-90. "A Resolution Receiving Feasibility Report and Ordering Public Improvements Waterford Third Phase." Motion carried - 4/0 on a roll call vote. RESOLUTION NO. 113-90 Watten moved. Gagne seconded to adopt RESOLUTION NO. 113-90. "A Resolution Ordering the Preparation of Plans and Specifications for Public Improvements Waterford Third Phase." Motion carried - 4/0 on a roll call vote. C. Petition for Internal Public Improvements within Waterford Third Phase 1. Consider Resolution Determining Validity and Sufficiency of Petition for Construction of Internal Improvement Waterford Third Phase 2. Consider Resolution Calling for Feasibility Report for Internal Improvement Waterford Third Phase Item C was moved to the October 22, _1990 City Council meeting. 1..) . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. OCTOBER 8. 1990 . coulL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 14 Mayor Haugen said a resident showed her a water bill for $1000. There was a discrepancy between the inside and outside meters. She would like the staff to check on this. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Gagne moved. Brancel seconded. to adjourn the meeting at 11:40 P.M. subject to the payment of claims. Motion carried - 4/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since September 20. 1990 LIQUOR $35.989.88 GENERAL $21. 030.20 TOTAL CHECKS ISSUED $57.020.08 Checks for Council approval Checks No. 5379-5416 TOTAL CHECKS FOR APPROVAL $46.820.21 TOTAL CHECK APPROVAL LIST $103,840.29 PAYROLL REGISTER FOR SEPTEMBER 25, 1990 PAYROLL Checks no. 204400/204438 LIOUOR $3,030.99 GENERAL $11. 918.30 TOTAL CHECKS ISSUED $14,949.29 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary - MAYOR JAN HAUGEN ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER ;- ,-' . . RESOLUTION NO. A RESOLUTION APPOINTING ELECTION JUDGES WHEREAS, the City Administrator/Clerk has submitted for approval a list of election judges to officiate at the 1990 general election, and WHE REAS, said list appears to be correct and complete in all respects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. T hat the City Council hereby approves the list of election judges, attached hereto and made a part hereof as Exhibit A, to officiate at the 1990 general election. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - 3-A .. . PREC I Sue Grahn 5945 Eureka Road Irene Kronholm 23630 McLain Road Sue Latterner 25235 Smithtown Road Lenore Bache 5535 Wedgewood Road Jeannie Picha 5930 Seamans Drive Mary Reutiman 5965 Eureka Road Lorraine Johnson 5735 Eureka Road Kathleen Fradette 5940 Eureka Road PREC I II Elvera Hoops 26755 Smithtown Road Ann Leavenworth 28070 Woodside Road Margaret Jorgensen 28070 Boulder Bridge Drive Ed Boltman 5710 Grant Lorenz Road Tony Heil and 26510 W. 62nd Street Katie Snyder 5985 Eureka Road Mary Messick 27910 Smithtown Road Mary Ellen Schuelke 5935 Seamans Drive 1990 ELECTION JUDGES . PREC II Jo Hermann 20765 Radisson Inn Road June Hopp 20175 Manor Road Alice Vosmek 20615 Manor Road Mary Schmitt 20725 Radisson Inn Road Les Feichtinger 19480 Shady Hills Road Mary Fayfield 6005 Christmas Lake Ro~d Karen Meisen 5570 Shore Road Norma Hogle 6025 Mi 11 Street Pat Hannum 5350 St. Albans Bay Road Carmen Doughty 20740 Garden Road PREC IV Rita Spellman 5100 Shady Island Trail Ginny Soule 4595 Enchanted Point Mi lly Smith 4345 Enchanted Drive Barb Thi bault 4565 Enchanted Point ITY OF SHOREWOOD . A AL ATHLETIC FACILITIES MEMORANDUM AGREEMENT THIS MEMORANDUM AGREEMENT, made and entered into this 4- day S (;(yr- , 199Q., by and between the LM ,... ~ I FA-- , hereinafter called "A thletic A sS6ciation " , and the City of Shorewood, a Minnesota Municipal Corporation, hereinafter called " City" ; of 1. The City agrees to provide to the Athletic Ass9d.ation the exclusive use of the facilities located at ----f\ A- 0 ~ f"q\.".. -V-l 6c.-() (the facilities) for those dates and times specifically set forth in the schedule approved by the City Council. The Athletic Association shall submit a "requested" schedule to the City Administrator within five days after execution of this Agreement. Said "requested" schedule shall be reviewed by the City Council at its next regularly scheduled meeting. The City Council may change the dates and times and amend the "requested" schedule as it deems in the best interest of the City. After approval by the City Council, the schedule shall become "final," and no changes shall be made without specific approval of the City Administrator. Postponed events may be made up on substitute dates only after such dates have been reviewed and approved by the City Administrator. The City Administrator shall have the right to require that an event be moved, postponed or cancelled if it appears that damage to the facility might result from its use due to inclement weather or other unsuitable conditions. 2. The Athletic Association shall be solely responsible. for any required marking or lining of field facilities. It shall also be responsible for the parking of spectator cars in designated areas and for proper crowd control; no cars or vehicles shall be permitted to park on grassy areas or to obstruct access to any City buildings which may be located on the property. 3. The Athletic Association shall file a copy of a liability insurance policy naming the City as insured in the amount of $1,000,000.00 prior to the use of the facilities. 4. This Agreement shall be in existence for the balance of 199..Q subject to its being revoked on 10 days notice. In case of vandalism, or lack ci control of the spectators, or the Association violates any terms of this contract, the City shall be entitled to revoke ~se of the field by the Athletic Association. The Association shall have an opportunity to be heard before the City Council if it so desires during the 10 day notice period. 5. After each use of the facilities, the Athletic Association agrees to clean up all trash and rubbish and leave the premises in a clean and orderly condition. 6. Any use of the facility by the Athletic Association other than that authorized herein shall result in an immediate forfeiture of further rights to use the facilities. By: o~ 3B CITY OF SHOREWOOD By: . By: By: - .'- Orr Schelen Mayeron& Associates, Inc. . OCT I 2 1990 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners October 11, 1990 City ot Shorewocd 5755 Country Club Road Shorewood, Mlnn~5ota 5533l tie STREET OVERLAY AND APPURTENANT jjIJH( PROJECT ND. 90 - i OSM Com., Nu. 4597 lity [liuned Eli[!.uSrd "r",iuur IAl mflH'~ oj Con'itrUi:tillli Pii'Tai;iitvuu[her Nu. S 1)1.tiiB,;3~i, (in tilt' ri;'fi:'ff:lfiied pnlJt:.'Lt in i"hp. aanl.llli IlY Please 1ll,1~P. IlJf:l:nt in alRuuat f,f' 15J,HUUl5 tu Dii,J Cnrjlflf.ltlon, Z'.tI~' f'1~lik(:f Tr;;il, 1-I:l!1i,;>1, Mn. ~}J:Hu at your earli'~t convenience. Very truly yours, ORR-SCHE...EN-/1AYtHUN (\'. fl5SfiCTAfES, he. ~/! -..L-. ~ -f- J/L-M-C"'" JaMes P. Nortf1n,P.E. Project EnQinfer JPH:R61i Enclosures [[ D~J CORPllRI1Tl mj 3(. ~ , Estilate Voucher No. ~ CONSTRUCTION PAYMENT VOU~ Date October 11, 1990 For Period Ending Septelber 28, 1990 Project No. 90-1 -------------------------------------------------------------------------------------------------------- Class of Work STREET OVERLAY AND APPURTENANT WORK -------------------------------------------------------------------------------------------------------- -------------------------------------------------------- To: DMJ CORPORATION 2~92 Pioneer Trail Halel, Mn. 55~40 Location -------------------------------------------------------- For CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA -------------------------------------------------------- A. Original Contract Alount s 17b,B92.00 B. Total Additions s 0.00 C. Total Deductions s 0.00 D. Total Funds Enculbered s 17b,892.00 E. Total Value of Work Certified to Date F. Less Retained Percentage 5 I ------------ 6. Less Total Previous PaYlents H. Total PaYlents Including This Voucher 1. Balance Carried ForMard s 159,809.32 s 7,990.47 $ 0.00 $ 151,818.85 25,07~.15 J. A P PRO V E D FOR PAY MEN T, T HIS V 0 U C HER s 151,818.85 APPROVALS =:====================================================================================================================== ORR-SCHElEN-MAYERON & ASSOCIATES, INC. Pursuant to our field observation, as perforled in accordance Mith our contract, and based on our professional opinion, laterials are satisfactory and the Mork properly perforled in accordance Mith the plans and specifications and that the total Mark is 90! cOlpleted as of Septelber 29, 1990 . We hereby reco.lend pay.ent of this voucher. -. ------------~-~~ Signed : Signed Construction Observer ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best of IY knowledge, inforlation, and belief, the quantities and values of Mork certifled herein is a fair approxi.ate esti.ate for the period covered by thiS voucher. Contractor DMJ CORPORATION Signed By ---------------------------------------------- Date : Title ---------------------------------------------- ======================================================================================================================== City of Shorewood Approved for pay.ent Voucher ------------------------------------ --------------------------------------------- Checked By Authorized Representative Date Date --------------------------------------------- Page 1 of 2 4579 Estilate Voucher No. , e contractoe DI1J CORPORATION 2392 Pioneer Trail Halel, Mn. 55340 Date : October 11, 1990 STREET OVERLAY AND APPURTENANT WORK PROJECT NO. 90 - 1 FOR THE CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA Contract Date : May 14, 1990 Work COlpleted : Work Started July 17, 1990 COlpletion Date : ITEI1 SPEC. NO. NO. ITEM DESCRIPTION Work COlpleted Contract THIS AMOUNT OUANTITY UNIT UNIT PRICE TOTAL PRICE MONTH THIS MONTH Total to Date QUANTITY TOTAL PRICE ---------------------------------------------------------------------------------------------------------------------------------- 1. 2221. 501 AGGREGATE SHOULDERING B50 TON 7.00 5,950.00 0.00 0.00 CL 2 ( 100 1 CRUSHED) 2. 2341. 50B WEAR COURSE MIXTURE 4,b50 TON 20.b8 9b,lb2.00 5,lb9.b5 10b,908.3b 5,1b9.b5 10b,908.3b (INCLUDING BITUMINOUS) 3. 2341.508 PATCHINTG MIXTURE 1,000 TON 24.00 24,000.00 215.04 5,lbO.% 215.04 5,1bO.% (INCLUDING BITUMINOUS) 4. DIV II NONWOVEN PAVING FABRIC 55,750 S.Y. 0.72 40,140.00 55,750 40,140.00 55,750 40,140.00 5. 2357.502 BITUI1INOUS MATERIAL FOR 14 , 000 GAL. 0.00 0.00 0.00 0.00 TACK COAT b. 250b.501 STRUCTURE ADJUSTMENT 79 EACH 100.00 7,900.00 7b 7,bOO.OO 7b 7,600.00 7. DIV I I TOP SOIL SHOULDERING 100 C.Y. 12.00 1,200.00 0.00 0.00 8. DIV II SODDING 1,100 S.Y. 1.40 1,540.00 0.00 0.00 ---------------------------------------------------------------------------------------------------------------------------------- TOTAL COST $ 176,892.00 $ 159,1l09.32 $ 159,809.32 ------------ ------------ ------------ ------------ ------------ ------------ TOTAL COST $ 176, B92 .00 $ 159,B09.32 $ 159,B09.32 Page 2 of 2 4579 .. ~ \ G- ~ . . (' Cfr~'., '<, Lake Mlnnetonka Cable Communications commlsslo~' ~ 'f?9-~ 443 OAK STREET · EXCELSIOR, MINNESOTA 55331 · (612) 474-5539 ~~ \ -r-.'V 28 Aug 1990 Larry Whittaker, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Larry: At the August 21st meeting of the full Commission, the Budget Planning Committee presented its proposal for the 1991 LMCCC budget. To summarize the Committee's remarks on the drafting of this budget, it projected the following: 1) Franchise fees approximately 5% above 1989 (fees are received from the cable operator prior to the end of the first quarter of each year); 2) 4% increase in salary and related taxes; 3) Half of secretarial costs coming in-house; 4) An increase in travel expenses associa.ted with attending educational conferences; 5) An increase in NATOA and MACTA membershlp dues; 6) The addition of a two-line phone system; and, 7) A decrease in the interest earned as a result of reserve funds belng used for the approved 8xpanslon proposals for both the office and access equipment lnventory. With a quorum present, the Commission voted unanimously to adopt th!:? attached budget for 1991. They also voted unanlmously to adopt the long-range goals included with this budget. Our Joint Powers agreement calls for this budget to be presented to the member' cities fifteen (15) days after adoption for review and approval. The budget shall be effective only if approved by a majority of our members within thirty (30) days after receiving it. In the event it is not, the Commission "shall promptly adopt a revised budget and submit it to each member for review and approval." The Commission is seeking your approval of its 1991 budget. If you or members of your city council have questions regarding the proposed budget that cannot be answered by your city's Commission representative, please call me. I look forward to hearing from your community soon. ~~ Olrs truly, A/../ .' "'4I//L/h vr/~J en~~;:%-~a~ts Administrator Enclosure MI~ONKA CABLE COMMUNICATION~OMMISSION 1991 PROPOSED BUDGET SUBMITTED AUGUST 21, 1990 LAKE INCOME Triax Franchise Fees Interest Carryover (from 1989) OPERATING EXPENSES Cable Administrator $ Access Employees Secretarial Services Payroll Taxes Employee Mileage Medical Insurance Legal Fees Insurance/Bonds Financial Review/LMCCC Conferences/Schools Office Supplies Dues/Subscriptions Telephone Postage Miscellaneous(inc. bank chrgs) Advertising/Promotions Office Equipment Office Space OPERATING BUDGET TOTAL SPECIAL FUND APPROPRIATIONS Technical Audit - Triax Financial Review - Triax Studio Equipment Legal fund Office Equipment Fund Access Equipment Contingency FUND TOTAL BUDGET TOTAL APPROVED REVISED 1990 $ 84,773.79 4,000.00 16,628.82 $ 105,402.61 28,800.00 20,000.00 2,000.00 7,000.00 500.00 2,880.00 2,000.00 3,500.00 2,300.00 5,000.00 2,000.00 1,000.00 1,000.00 650.00 450.00 750.00 1,000.00 6,000.00 $ 86,830.00 o 1,000.00 1,000.00 1,000.00 5,000.00 7,000.00 3,572.61 $ 18,572.61 $ 105,402.61 PROPOSED 1991 $ 89,000.00 3,000.00 0.00 $ 92,000.00 $ 30,000.00 22,000.00 1, 000.00 7,200.00 600.00 2,880.00 2,000.00 3,800.00 2,300.00 6,000.00 2,000.00 1,300.00 1,600.00 650.00 450.00 750.00 1,000.00 6,000.00 $ 91,530.00 $ 0.00 0.00 100.00 150.00 0.00 220.00 0.00 470.00 $ 92,000.00 . . Lake Mlnnetonka Cable Communications Commission 443 OAK STREET. EXCELSIOR, MINNESOTA 55331 · (612) 474-5539 LONG RANGE PLANNING PROPOSAL GOALS 1. Complete a needs assessment for channel expansion. 2. Improve efforts to inform the public that the commission is there to assist them. 3. Explore consumer protection regulation. 4. Improve facilities and equipment. 5. Establish a format to collect data for an annual review of the system. . . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, OCTOBER 9, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM M I NUT E S CALL TO ORDER Chairman Christensen called the meeting to order at 7:10 p.m. ROLL CALL Present: Chairman Christensen, Commissioners Lindstrom, Vogel, Dzurak, Laberee, and wilson; Administrative Assistant Niccum; and Council Liaison Watten. Absent: Commissioner Andrus (out of town) APPROVAL OF MINUTES Vogel moved,Dzurak seconded, to approve the minutes of Tuesday, October 9, 1990, as written. Motion carried - 6/0. TONKA MEN'S CLUB/LITTLE LEAGUE FIELD/IRRIGATION UPDATE/FREEMAN Council Liaison Watt en told the Commission that the council, at their meeting of Monday, October 8, 1990, approved up to $10,000 to run water and electricity into the new Little League field for the irrigation system that the Tonka Men's Club has contributed to the city. Watt en mentioned that the utilities being installed will also provide service eventually to all the other facilities in the south end of the park. Christensen said that he has talked to Park Planner Koegler several times this week, and the field will be graded, fenced, seeded, and the irrigation will be put in this fall. The Commission expressed concern over the debris being turned up during excavation for the irrigation lines, and whether ridges will be left where the digging is done, or if the ground will settle over the winter. They asked Niccum to discuss these items with Park Planner Koegler, who is overseeing the project. Lindstrom asked Watten to give his thanks to the Council for approving the irrigation. IRRIGATION UPDATE Niccum told the Commission that the irrigation on the three new fields is progressing. The deadline is October 26. It looks like they will be done by the 12th. ~. 8, I . . SHOREWOOD PARK COMMISSION MINUTES TUESDAY, OCTOBER 9, 1990 Page two MANOR PARK TRAILER FOR WARMING HOOSE OSE Niccum reviewed the prices from Gelco Space and from Waste Management for a trailer. Last year the total trailer cost, using a 8' x 32' trailer, was $935. The Commission discussed the flooring required to protect the trailer. Niccum said Waste Management would provide the flooring for $100. The Commission felt this would be cheaper than Public Works could do it. Niccum said a new phone would have to be purchased for the trailer because the one last year quite working in the middle of the season. One of the rink attendants brought a phone, so none was purchased last year. Wilson moved, Vogel seconded, to recommend to the council that the city rent a Modu1aire 8' x 30' trailer from Waste Management; and that Waste Management be paid $100 to install their own flooring. Cost not to exceed $1000. Motion carried - 6/0. BADGER PARK WARMING HOOSE - REPAIR Several Park Commissioners looked at Badger warming house before the meeting. The majority feel that the warming house should be repaired this year, that by next year the damage may be much worse and repair costs much higher. The Commission discussed the cost estimates from OSM. Laberee moved, wilson seconded, to recommend to the Council that OSM qualify their proposal by providing their design/remodel intention, and by providing more detailed breakdowns of construction costs and engineering costs for : Alternate B) Masonry/concrete Curb option Construction costs Engineering costs $8,525 3,700 Motion carried - 6/0. BADGER PARK WARMING HOOSE - FLOOR COVERING Niccum presented the Park Commission with information on rubber flooring. She is waiting to hear from Ray Vogtman, Hopkins Park and Rec Dept., as he has used it in several warming houses, and apparently swears by it (He is on vacation until 10/11/90). She will report back with information. . . SHOREWOOD PARK COMMISSION MEETING TUESDAY, OCTOBER 9, 1990 paqe three REFERENDUM DISCUSSION Niccum reviewed the information from the meeting held on Tuesday, October 2,1990 with Park Planner Koegler, Administrator Whittaker, and herself. The Commission reviewed a list regarding what Commissioner would deal with what parks, organizations, sports, trails, and activities. Laberee questioned whether the referendum should be delayed for a couple years due to the present economy. They will go over all information in more detail with the Park Planner at the October 23 Park meeting. MATTERS FROM THE FLOOR Monies available for Parks Christensen informed the Commission that he had been at the last Council meeting, and there will not be any funding made available for the Parks. The Council has put it all in a fund for removal of the underground gas tanks. Trail qoing between Little Leaque/Babe Ruth fields into Shorewood Oaks and Trail qoinq from Silverwood Park to Hiqhwav $7 The Commission expressed concern over the fact that this trail is not marked in any way. There is a new house being built on one side of it, and they feel something should be done now to avoid problems later. They also discussed marking the sil verwood Trail. They asked Niccum to put "Marking Trails" on the next Park Agenda. List of 1990 proiects Before the last meeting Chairman Christensen asked Niccum to put together a list of all the things the Park Commission had asked for in 1990 because he felt things weren I t getting accomplished. The Commission reviewed the list and Christensen asked what happened to the picnic tables and the Overall city Trail Plan? Lindstrom moved, Dzurak seconded, to recommend that the Council accept Park Planner Koeqler's estimate of $3500 and instruct him to proceed with the Overall City Trail Plans, to include: . . SHOREWOOD PARK COMMISSION MEETING TUESDAY, OCTOBER 9, 1990 Page four all existing park and city properties schools shopping areas trail easements all neighboring parks and communities trails and parks that could connect into the trail system. Motion carried - 6/0. On Tuesday, April 10, 1990, the Commission agreed to leave the purchase of the picnic tables in Public Works Director Zdrazil's hands. They had approved the type of table, and they felt he knew where they were needed, and how many were needed. Park Capital Improvement Fund Balance Sheet August 31, 1990............$165 Name new ballfields - Freeman Park Christensen moved, Dzurak seconded, to recommend to the Council that the three new ballfields at Freeman Park be named: Kelly Field....after Frank Kelly for 25 years of service Keeler Field... after Bill Keeler who started the Park commission Lindstrom Field..after Gordon Lindstrom, the city's longest serving Park Commissioner Motion carried - 5 ayes - 1 abstain (Lindstrom) ADJOURNHENT Laberee moved, Lindstrom seconded, to adjourn the meeting of October 9, 1990, at 9:45 PM. Motion carried - 6/0. RESPECTFULLY SUBMITTED, Sue N i c c u m . . RESOLUTION NO. A RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET WH ERE AS, Notice of Public Hearing on the proposed vacation of a portion of a public street in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior and Shorewood edition of the SAILOR NEWSPAPERS on the 3rd and 10th day of October, 1990; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood has heard all interested parties on the question of vacation at a Public Hearing on the 22nd day of October, 1990, in the Council Chambers at the City Hall, and the Council has determined that vacation would be beneficial to the public interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that in accordance with Minnesota Statutes, a portion of a public street in the City of Shorewood hereinafter described, is hereby vacated: T he southeasterly, southerly, southwesterly and westerly 15.00 feet of Summit Avenue lying northeasterly of the northerly extension of the west line of lots 12 and 13 MU R RAY HILL, and lying north of the easterly extension of the south line of lot 13 MURRAY HILL ADDITION. BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of October, 1990. Jan Haugen, Mayor ATTEST: Laurence Whittaker, Administrator/Clerk Roll Call Vote: A yes - Nays - 4f-<) MEMORANDUM TO: FROM: DATE: RE: FILE NO.: . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 Mayor and City Council Brad Nielsen 20 September 1990 Request for Partial Street Vacation - Summit Avenue Streets - Summit Avenue Mr. Larry Schmidt requests that the City vacate 15 feet of Summit Avenue which adjoins his property at 23113 Summit Avenue (see Site Location map - Exhibit A, attached). In his letter (Exhibit B), dated 5 September 1990, he explains that the street is unusually wide and that vacating the fifteen feet would allow him to avoid, or at least minimize, any variance he may need to add on to his home. The eighty foot right-of-way for Summit Avenue is substantially wider than the City's fifty foot requirement for local streets. It is not known why the r.o.w. is as wide as it is. Most likely it was platted that wide to allow the street to meander in order to accommodate the severe grades in the vicinity. Despite those grades, Summit Avenue is relatively straight within the r.o.w. The City Engineer and I have reviewed the request and have determined that no public purpose is served by maintaining more than 50 feet of r.o.w. for Summit Avenue. In fact an additional 15 feet could be vacated from the other side of the street at such time as those owners request it. Procedurally, the City Council first needs to set a public hearing. Since the legal notice must be published twice, the earliest this can occur is 22 October. Unless the public hearing reveals a valid reason not to vacate the r.o.w. in question, it is recommended that the applicant's request be granted with a stipulation that the City mainu.un an easement for drainage and utilities over the vacated r.o.w. cc: Larry Whittaker Glenn Froberg Jim Norton Larry Schmidt ~s- A Residential Community on Lake Minnetonka's South Shore 66 ~ .-J ,... .7'y...... (18) L-) 192 '" ..-3t;~--;--F'~:':::::~;;'~':'~':':'::'- - (2-) .- I ~ ;) ! -9{/~ 19) -~~--------r---~------::~ -. ."", I "YXJ----------- ~_I ~_';':'" ;s ,r;.~ . - (22r......:.. ro1__________(20)-. /,-.' is ( 2 ~~~59-?~~~-- ......u. ......... 40~. 5 ......... ~ .., ~ " 16e 179 ( 6) ( 5) _ 91 : 100 '-'<} -; Cl t: : /lItj _ .J ,_ : ...... ,'9 :;;>':;'" .'C" :--1.. Q ........- I ;,..... . .-:'" ;j (10) ,ll ~ : , , "'~60 : .......... ' .s6}." : ,..-;.. I '" ~', IJ ........,: ;- " , '<'" .............~C un I I I . I , -, ~: . I i .'.1 . I .'_ I I ; , , ""','..... ~;~~ .....~ ,'~ 8 66 eo 225 ......4.. ....... 16-1 ~7 ~Mi tlt Fopct't1 ~xhibit A SITE LOCATION Schmidt - street . vacat~on request - \ LI~ I . . 23113 Summit Av. Shorewood, MN 55331 September 5, 1990 Mr. Bradley Nielsen, City Planner/Building Shorewood City Hall 5755 Country Club Rd. Shorewood, MN 55331 Re: Vacating 15 feet of summit Av. Dear Mr. Nielsen: I wish to build onto my garage, going from one stall to two stalls, except there is some difficulty conforming to the set-back rule. This is due in part to the house being built forty-plus years ago, irregular shape of property and topography, and the unusually wide road right-of-way. Summit Av. is a through street but is used primarily by a few residents and visitors. Anyone else driving this street is usually lost. In fact, the bituminous surface is about 16 feet wide on the east side of our property and 14 feet wide on the northerly side. This street is currently 80 feet wide. If 15 feet on my side of the street were vacated, corresponding to a more usual 50-foot street, I would then have 8.6 feet to the set- back point on the northerly side of my garage. This would give me room for an eight foot addition. This would seem preferable to asking for a variance and would add a tiny bit of property to the tax roll. Please consider vacating the 15 feet along my property as indicated on the enclosed survey and legal description. I have additional copies of. the survey and reductions for anyone who needs one. Thank you. Sincerely, -P Ov'\,C-, 2z1/;t--~ d\ U Larry Schmidt Exhibit B APPLICANT'S REQUEST LETTER Dated 5 September 1990 r.- ~..'''' '. . .. . ,"." '.' l" \ ! . I ~. . ( I .. . ..... ~ ' ~ !z ~ '! 1 !..- c: . ~.c: .!~ E'~~~ 5g . :~ ~.:;.g.;. -.. .. ,,"' -....!: ,,: " .~ ,.~,;=.! . ...... ... . ~. . .'. .. ~ '. .. ; i !: i 0:" -; . ....:..:.. ':' .... >i~,".:<i)j!l; : . . n . Ii .:::: ;;~ ...5 .. ':'J::a~ .... ~ .~w wQ ..= .c J:."o"~ II: .; : ge; g j :.J gi :: e ....J::: ~ ! ii G' ! ~!::~: ., . - .. oo.:S .cr ~ :::.., ~ t :g.._e; : '0': ~ iC :";i:;Ji ~ 8 a: ~ = !:~~:: . ~ =~ Q !ii:;~ . g i~ ~ ~ .~iiil; ~ L' /' - - ..?/7/V.S'A t; ..L/vv~V/?..s """0" ';>1/,,/ ;<"'/"1 :7'&> r~6;../ rs~5' ,/ '. ~ ..'" t:~ ~~ " r ~~ ~~ t~ ~ \. '- ~~ " "....J , ' 3nN3^tf J.lw~ns o .; '" o '" ~s,.,q(u~nl/q ;:10 .i16p"i) -..... 3,,/1 S:~ .IN OS'eLl-- ---0_ 'Z'6LI -.-. - OO'~\S":' \ , \Ji1t; V.,t."/^"P/ns.1'O -''':''/ / ~DjH ;;or~6.-.J rS..i'# :. \ .,:,;: " ->' ,. .- ~- "\~ f". I ('~ \oJ 0 '" 'r' en on . 01 .1_" (" ) (I) Z l.O ~ \ ~ l.O .,. 1- <l: c:i ~ on N <t "- '" '" I) \ " \ .~ \ "" \ I. ~ " .' \ >~ 'oJ ", ~ . .f . . ;::..' 0;.. i'>~:~ ..... : . ..... c . ". '. :'.:-" .~. ...... ........ ,', Exhibit C PROPERTY SURVEY . . .- -, -':' ~. ..... '. '. -. '.' , .... 0 - ~ :I: U (f) >- 0: a:: 0 IJ.." a:: 0 <( l.LJ .-J 0:. <! "0.... liJ 0::: 0.. . \J t~ ~ =~"~j~~ .~ 1~ " Hl~ ~H~ .'1 '1'1, lit or II! f. t~l~ zit., ;1, II. I lit I ~;f iUl . . ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1102.03 OF THE SHOREWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 1102.03: Wetland Conservation Area and Map, is hereby amended as follows: The "Wetlands Map of Shorewood" on file with the Zoning Administrator is hereby amended by removing from the designated wetland area the property described as follows: Lot 19, Linden Park Outlot C, Marilynwood Section 2. This 0 rdinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 22d day of October, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk tt- L, .ITION FOR IMPROVEMENTS. FOR WATERFORD THIRD PHASE Shorewood, Minnesota September _, 1990 To the City Council of Shorewood, Minnesota: We, the undersigned, constituting all of the owners of the benefiting property situated in Hennepin County, Minnesota, described as follows, to-wit: That part of Section 25 and 36, Township 117, Range 23, (platted and unplatted) in the city of Shorewood, Hennepin County, Minnesota lying within and bounded by the follo\.ling described line: C01ll.ll1encing at the intersection of the east line of said Section 25 and the centerline or state Trunk Highway No.7; thence south along the east 1. ine of said Section 25 and section 36 (said line also being the ,centerline of Vine Hill Road and the easterly bou:lddry of Shorewood) to the southwesterly right of way lir.e of Covington Road extended; thence northwesterly along sald southwesterly right of way line extended and said sout~we~~erly right of way line to the south right of way line of said Highway No.7; thence westerly and southwesterly along said south right of way line of Highway No. 7 and the southclisterly right of way line of Radisson Road to the southedsterly extension of the 'south\.lesterly line of Lot 24, R3dt~son Inn Addition, according to the record plat thereof; t~ence northwesterly along said southwesterly line and its cx:ensions to the north right of way line of said Highway No.7; thence northeasterly along said north right of way line to the east line of the west half of the southeast qual"'ter 0 f Sd id Section 25 and the Shol"'ewood;'" Deephaven boundary line; thenc~ southerly along said boundary line to the centerline of :3.:11d State Trunk Highway No.7; thence northeasterly along said centerline to the point of beginning. . hereby petition the City of Shorewood, pursuant to Minnesota Statutes Chapter 429, to construct certain local improvements within the development known as Waterford Third Phase to include watermain, sanitary sewer, storm sewer, street construction, and appurtenant work. It is understood and agreed that the entire cost of said improvements will be assessed against the above-deS't"ibed benefited property. Signature of Owner: qu- re r;.- '. RESOLUTION NO. RESOLUTION DETERMINING VALIDITY AND SUFFICIENCY OF PETITION FOR CONSTRUCTION OF INTERNAL IMPROVEMENTS WATERFORD THIRD PHASE WHEREAS, a petition to construct watermain, sanitary sewer, storm sewer, and street construction and appurtenant work within the development known.as Waterford Third Phase as a local improvement under Minnesota Statutes, Section 429.061, has been received; ..... and WHEREAS, said petition is signed by 100% of all property owners in accordance with the requirements of Minn. Stat. Sec. 429.031, Subd. 3. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The petition attached to this resolution and marked "Exhibit A" has been presented to the City Council, and it is determined that the petition has been signed by 100% of the property to be assessed for the improvement. 2. This resolution is adopted in accordance with the provisions of Minn. Stat. Sec. 429.035 and 429.036. 3. A copy of this resolution shall be published in the official newspaper. ADOPTED BY THE CITY COUNCIL OF' THE CITY OF SHOREWOOD this daY_9f October, 1990.' Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Votes: Ayes - Nays - Cfa . (i RESOLUTION NO. RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT ON INTERNAL IMPROVEMENTS WATERFORD THIRD PHASE WHEREAS, it is proposed to construct certain local improvements within the development known as Waterford Third Phase to include watermain, sanitary sewer, storm sewer, and street construction and appurtenant work, and to assess the benefited property for all of the cost of the improvements, pursuant to Minnesota Statutes Chapter 429. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the proposed improvements be referred to City Engineers, Orr-Schelen-Mayeron & Associates, for study, and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvements as recommended. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of October, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Votes: Ayes - Nays - 9 f3 ,,__ '''._..,..,.,...,..,- _.....~~_.._, _. ,. ."..,.:.:_y~ _ ._.... ....'.-.. -'_"'''''''_'''''''~'_'i.~''''''''_'._C'''':_'''-::'_':>."''''~''~' > . .'~ . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMO TO: FR: DT: The City Counci Larry Whittaker Oc t. 1 8, 1 990 GLEN ROAD DRAINAGE RE: This Item is a two-part Agenda item. First, the Council should have an opportunity to discuss the concerns and proposals of the Watershed District. The Mayor and City Engineer were to meet with the tioard of Managers and present the City's point of view with respect to a reduced scale project - more in line;with concerns expressed by affected property owners. Second, I think the City Council should review the boundaries of this Special Taxing District at the Oct. 29 Council workshop, at the same time as they review the boundaries for the Shady Hills District. Once we have the commitment of the Watershed District and have fixed the District Doundaries, we can hold the Public Hearing on the final proposed project. RE: WATER TREATMENT PLANT ALTERNATIVES Your discussion on Sept. 24, 1990, left the issue of design engineer undecided and did not address financing the water treatment system recommended in Associated Consultants feasibility report. October 8, 1990, the Council agreed to table this until all Council members were present. This could be a lengthy, technically difficult analysis of engineering estimates, costs and qualification comparisons, and extensive inter- views of the two engineering firms. I recommend the Council dedicate the second half of its Oct. 29 Workshop to this subject. This should not significantly delay con- sidering the improvement as the Council will probably want to make a final decision on ordering the project and financing it after the bids are in for the public improvements proposed for the TIF and the bids for the TIF bonds are reviewed. We will know better, then, what part of this improvement the TIF might support. -# \ 0 ~ , \ A Residential Community on Lake Minnetonka's South Shore . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 18 October 1990 RE: Shorewood Finamart FILE NO.: 405 (88.13) The above-referenced property was recently inspected for compliance with the conditions of their conditional use permit and development agreement, dated 24 May 1988. It was discovered that some of the landscaping required on their approved landscape plan had not been completed. Specifically, Junipers along the east side of the building, the easterly building site landscaping and one Imperial Locust had not been planted. The landscaping has now been completed and we have received a complaint (see Exhibit A) from Dick Moore, Tonka Motors, regarding the location of the locust tree in the northeast corner of the site (see Exhibit B). Mr. Moore references a meeting at which Jim Heiland expressed concern about landscaping obstructing his auto display area. In reviewing all the Council and Planning Commission minutes pertaining to the Finamart, the only record of Jim Heiland's attendance is at the 4 August 1987 public hearing, held by the Planning Commission (see Exhibit C). It should be noted that the plans at that time included two driveways along Smithtown Road, one of which was fairly close to the east side of the site. There was discussion about landscaping not obstructing the visibility of cars leaving the site onto County Road 19. You remember that that plan was ultimately denied. I believe Mr. Heiland may be confusing the City's approval with a later discussion he had with me at the time the initial landscaping was being installed. At that time I actually had the landscaping company move the three evergreen trees shown on the plan to eighty feet south of the northeast corner of the site. A Residential Community on Lake Minnetonka's South Shore /2. . - Re: Shorewood Finamart Landscape Compliance 18 October 1990 When the landscape company finally placed the locust tree in the northeast comer, I directed them to move it back far enough so that the Tonka Motors sign would not be obstructed. Although not specified in his letter, Mr. Moore feels the subject tree will adversely effect the view of his sales lot, the leaves will get into the vents of his cars and tree sap will get on the paint. None of these possibilities would be a problem if Mr. Moore was not parking his display vehicles right up to the property line. The Zoning Ordinance requires a minimum five foot setback area, and under today's regulations display areas would be no closer than ten feet from a side lot line. It is the feeling of this office that the owner of the Finamart has only complied with the requirements of the c. u. p. and development agreement. It is also felt that the landscaping plan is consistent with the City's desire to enhance the appearance of commercial property throughout the community. The Council is urged to view the subject property prior to Monday night's meeting. If you have any questions relative to this matter please contact me prior to the meeting. BJN:ph cc: Larry Whittaker Glenn Froberg Dick Moore - 2 - TG~l~~.A ty!8:C RS 2l.2G5 SM:7H70WN RD. Sl~CRE~.JOOJ, ~N. 5522: =ITY SF SHORE~,;CGJ ~7S= CC~:~7R'( CLL~ ?s. ":;:;:RE',",;CC:~ ~~-..t. '=::::.33 L :.~.:~ ~ s: ~S / :<0 =-{:':~~ .~ ,.. :::. ':\C'" ,__'~_~::::: . .~ ...." - .:=,;- .~'::==: :~~=.. ......:--.- ....,,~ -:-!~ - - ..... - - ,......,~-, , ._-~:--:...~ ;:: TT=:;.~D=::) ~A'3 ~=-"!"<3 r-''-;;:~i'.~E:~ . "-".:7 -, "-, y'-f '-' -,.........i...JL.j...; ~'-~ =- ~C>~ c~~ ~~~:-"~,~;: . '~,-,... .-.-::- -c",:::-~. "--- ., ~----' ro. ... :",jAS . GCT. 12 1<3<30 .~3,:~ c:~~c:~ ~E~T:~GS A~:E~DA PS ~:CN AS :.-JAS :==.::..'.: -:-:-::;\;7~:: ;--.'-'! "':,_ 4' ~ _............;..\.....-.~ ~~S3UR=D ='L- r~~'~ ~=::' -._roo .... -.._.-1....; . ;""!:::~7 : >~3 -, ......~ : :-:H : .:: ~ : ~~ G :L~C - WH~>l ~O"T:-1: \:G C:J?=: .-:---,_....-.., - . F:NA Si~;:C>~E::. :-;: ~3:-t=: ~ ! :-:A~~ >...,\:.:= . --.-----.. ,-' ~ '...J 1-= -:'. ; ;~ - ~'~E. ~h;b,t - \ '\ f' ~ '.,-- t ,.. ~\,\)~ : ~\~ , -z.. '1-" <. ~ . ....t I :....\ . " \ ., -.:.. t , ,,,' ~. 1 " " " p ., .i." ,'. I; , I : I , Ii .. . . \ \ " :C', '. ~. .;. . .. .... ~ "..t ,.' ~~.,~~ .~ . i ; _I '(\ . 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't- ,'fr.,..".'" ,~..,~....t"" "4 ~ .~,j. . ..;' ;::>....[,t..:I..;;,..~'..." ;-:.~"J::r- , . 0' " . ...-~ "-"4Ft"?\'. ~r~, "',. _,_-.,. ~<';"'~"7~ >,':.~.J.; L.. : 't_~, "'-"1>~:::-~' .~~-'!'- '-. , I .' ./ ~ . - . '-z : I \Uj ~ ~ .~ Minutes Planning 4 August . . Commission Meeting 1987 .-, 8:20 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Dennis Wolter - 4900 Suburban Drive . . Mr. Wolter was present to request approval of an 8 foot setback variance which would allow him to add a 12' x 15' dining room to his present home. The existing structure is located 11 feet from the r.o.w. of Suburban Drive. The addition is proposed to be located 22 feet back from the r.o.w. Public portion of the public hearing opened at 9:52 P.M. Public portion of the public hearing closed at 9:52 P.M. without comment. Spellman moved, seconded by Leslie to recommend to Council approval of the variance requests based on the Planner's recommendations. Motion carried unanimously. 8:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR WASH/ SETBACK VARIANCES - AMOCO SERVICE CENTER Marcus Development Corp. - 24365 Smithtown Road Mr. Mark Senn, of Marcus Development Corp.. representing YES Properties Partnership. was present to request C.U.P. and setback variance approvals to redevelop the property located at 24365 Smithtown Road. They propose to tear down the existing building and replace it with a new Amoco Service Center including motor fuel sales, convenience grocery store, auto service bays and an automatic car wash. The gas station, auto service elements. and car wash require conditional use permits. They are also requesting ... setback variances for the overhead canopy in the front of the site and for parking at the rear of the site. They would like to relocate an existing nonconforming billboard on the site which would also require a variance. Mr. Senn pointed out that there are currently two existing billboards on the site. He proposes to remove the one located on the existing building. The Naegele Sign Co. is not willing to withdraw their lease agreement on the freestanding billboard but they will allow it to be moved back. Planner Nielsen said that screening for outdoor storage needs to be shown on the site plan, as well as enhanced landscaping for the parking in the rear (if a variance is granted) . Jim Fillippi, project engineer and architect, said that drainage will be served by temporary ponding at the rear of the property. Public portion of the public hearing opened at 10:30 P.M. r-Jim Heiland. owner of business on east side of site. asked for the exact proposed \ location of the freestanding billboard, and landscape plan. Both were pointed out for \ him on the site plan. I...---- Public portion of the public hearing closed at 10:34 P.M. Mr. Senn said that their plan is to limit signage to the west and the property with a messageboard located at the northwest corner. they felt the signage is still excessive. north facing side of Watten and Leslie said 5 - ph,bit GG . Naegele Olltdoor Adveltising, Inc. . OCT ! 7 1990 TWIN CITIES Michael W Cronin IlIRECTUR Uf CURPOR,\TE DI'\'1'1.0PMI'Nf October 17, 1990 Mr'. Glenn Froberg 17736 Excelsior Blvd. Minnetonka, MN 55345 Dear Glenn: Tllis letter will confirm our conversation on October 16. ^fter appear'lng before the City Council on September 10 it \",as clear there was no opportunity to extend the life of our billboa r'd west uf Vine lIill. The next morning we initiated tile internal paperwork to have the sign removed. For a variety of reasons we have not assigned a high enough priority to this task to get it accomplished. Our present goal is to have the sign removed by the end of this month. In light of the discussion at the Council that night I didn't want to contact you until T was confident any date I pI'ovided for the take down would be valid. I will call you when I can confidently predict the take down date. ::iincere.Ly, ,//~ Michael W. Cronin ~1\v'C: pj cc: Tom Klees 1700 \\CSl 7Hlh Strcel · Minncapolis. :\IN 53-+23-3899 · 612-869-1900 r';lx: 611.1 H69- 7082 I ~ ,6- / <I . . ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1001.01 OF THE SHOREWOOD CITY BUILDING CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. Section 1001.01 of the Shorewood City Code is hereby amended to read as follows: "1001.01: STATE BUILDING CODE ADOPTED: The Minnesota State Building Code, established pursuant to Minnesota Statues, sections 16B.59 through 16B.73, one copy of which is on file in the City offices, is hereby adopted as the Building Code for the City. Such Code is hereby incorporated in this Chapter as completely as if set out in full. 1. 2. Chapter 1300 - Chapter 1301 - Code Administration Certification and Continuing Education of Building Officials Building Construction and State Agency Construction Rules Adoption of the 1988 Uniform Building Code by Reference The 1987 ANSI A 17.1 Code for Elevators, and Related Devices is an amendment to Chapter 51 of the USC and no longer found in SBC Rule 1320. Required Provisions - USC Appendix Chapter 35 Sound Transmission Control 3. Chapter 1302 - 4. Chapter 1305 - a. 5. Chapter 1315 - Electrical Code 6. Chapter 1325 - Solar Energy Systems 7. Chapter 1330 - Technical Requirements for Fallout Shelters 8. Chapter 1335 - Floodproofing Regulations (when required) 9. Chapter 1340 - Facilities for the Handicapped 10. Chapter 1346 - Minnesota Uniform Mechanical Code 1990 Edition 11. Chapter 1350 - Manufactured Home Rules 12. Chapter 1355 - Plumbing Code--Administrative Rule 4715 13. Chapter 1360 - Prefabricated Structures 14. Chapter 1365 - Variation of Snow Loads 15. Chapter 1370 - Model Energy Code--Administrative Rule 7670 16. Chapter 1305.0150, Subpart 2 - USC Appendix Chapters 1, 12, Division 1, 16, 38, 55, and 70 17. Chapter 1335 - Floodproof Regulations, Parts 1335.0600 to 1335.1200 and FPR Sections 205.4 to 208.2 18. Chapter 1305.6905 - Special Fire Suppression Systems with Group B-2 5,000 or more gross square feet, except that this provision shall apply only to those properties situated within the City and abutting on a street, alley or right-of-way in which there is located a municipal water trunk or lateDJ'facility." I f;- J3..:2 ~ . . Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this day of October, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk ...> - . Q~'" =& ~ ".WL Assoaates,InC. . 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners TO: FROM: DATE: SUBJECT: City of Shorewood ~Q~W David D. Mitchell, P.E. and James P. Norton, P.E. October 4, 1990 Proposed Improvements of the Grant Lorenz Drainage Problem, I. Discussion of Problem - A general overall look of the drainage ditch has shown a need for a number of improvements along the area. Problems that were found include silting in the ditch bottom itself, erosion along the banks, dense vegetation in the ditch bottom and brush and trees falling into the ditch bottom along with other debris including concrete blocks, metal barrels, etc. These problems create flow restrictions of the ditch causing destruction and encroachment on private property. A continuing escalation of these problems could in time cause severe inundations on private property and a deterioration in the aesthetic value of the ditch. It is therefore believed that a cleanup program should be implemented to curtail the continuation of these problems and to increase the flow capacity of the ditch. Another consideration that should not be overlooked, is the fact that areas upstream are currently being developed. The continuation of development upstream of Smithtown Road will eventually create a need for more flow capacity in the ditch. A cleaning effort at this time could help facilitate the increase in flow and also preserve the aesthetic value of the ditch. At the current time, heavy rainfalls cause the flooding at a number of homes along the ditch as well as flooding of the intersection of Noble Road and Grant Lorenz Road. It is suggested that along with the ditch cleaning program, a hydraulic review of the Comprehensive Stormwater Study be done to verify the required capacity of this ditch between Smithtown Road and the wetland area immediately north of Noble Road. II. Proposed Improvements - Solutions and improvements to the ditch include the following: A Widening and reshaping the existing channel in a number of areas. B. General cleaning in the removal of silt and debris from the ditch bottom. C. The installation of erosion control measures. D. The installation of larger size culverts if required after analysis of the watershed area. l~C:J- . . E. Redirect drainage west of Grant Lorenz Road coming from the school site to flow along the west side of Grant Lorenz Road. The widening and/or reshaping of the ditch would involve approximately 900 feet in the area between Smithtown Road and Grant Lorenz Road. Also included in this ditch widening and reshaping would be the areas immediately north and south of Noble Road. The widening and reshaping of the ditch would involve the grading of a wider ditch bottom with more gradual side slopes to allow for the mowing of the ditch bottom during dry seasons. This would help to increase the capacity of the ditch during wet periods. The general cleaning of the ditch would involve removal of silts and debris from the existing channel from the crossing under Grant Lorenz Road up to the area immediately south of Noble Road. The cleaning would involve approximately 1,000 feet with an average width of 10 to 15 feet and the approximate removal of 1/2 to 1 foot of silting materials. This general cleaning would also include the removal of fallen trees and trees that are currently standing but in the danger of falling into the ditch if erosion were to continue. The installation of erosion control would include the placement of rip rap along strategic areas and the establishment of erosion control blankets with seeding in other areas of the ditch to limit the bank erosion during high flow periods. An approximate quantity of rip rap would be estimated to be between 250 and 350 cubic yards of rip rap placed with the filter blanket under the rip rap and approximately .5 acres of seeding with erosion control blanket. Another alternative for the control of erosion would be to install a series of overflow structures creating low velocity ponding areas during high flow periods. These structures could be designed such that they would drain the ditch relatively dry during low flow periods. This approach would require a more intense engineering effort and some additional construction efforts. It is assumed that the construction costs would be similar. Also proposed as improvements would be the installation of properly sized culverts under existing roads and driveways. It is not known if the existing culverts are incorrectly sized. It would require the performance of a watershed review to determine this. Culverts along the Grant Lorenz ditch should be sized to accommodate the flow of a 5 year event, in conformance with the Comprehensive Stormwater Study. II!. . Effects of the Improvements - The improvements discussed would: A Increase the flow capacity of the ditch. B. Increase the aesthetic value of the ditch. c. Decrease erosion and deterioration of the ditch banks. . . D. Decrease the potential for inundation of flood waters on private properties. IV. Cost of Improvements - Following is an itemized cost estimate to accomplish the above described improvements: Estimated Construction Cost: 40 hours of crew time (including backhoe, dozer, and trucks) @ $500.00jhr = $20,000.00 300 cubic yards of rip rap delivery in-place with fabric underlined @ $35.00jc.y = $10,500.00 .5 acre of seeding with erosion control blanket @ $2,OOOjper acre = $ 1.000.00 Estimated Construction Cost: $31,500.00 Contingency 15 % $ 4.700.00 $36,200.00 TOTAL CONSTRUCTION COST Estimated En2ineerin& Cost: Survey time for easement description $ 2,800.00 3 Days for field survey and office administration $ 3,000.00 Engineering time for development of plans & spec. $ 2,880.00 Engineering time for design of overflow structures and ponding areas $ 1,920.00 Inspection/ construction observation time $ 2.200.00 Estimated Engineering Cost $12,800.00 Contingency 15% $ 1.900.00 Total Estimated Engineering Cost $14,700.00 TOTAL PROJECT COST $50,900.00 jcmw 10 j90-grant.lor .. -- QUOTE TABULATION tJ flj,cr' Q Yr/vH/l f;;dlc jJ,Q}r!t;1 J/~ J. (/ . . J- 'iIJOO G/fl. . ~ 1- ?~O() GAL rANKS I CITY OF SHOREWOOD~ 5755 COUNTRY CLUB ROAD~ SHOREWOOD MN - 474-3236 QUO TE I . "3 "50.00 I ) I 4 /1~-3 . ~ 0 a ~ S-o , co I ~AJ:JNt -I -AlONE -I I I I I I I I I I I CONTRACTOR lli~OIJDSW CoN\~AlJltS' ~c. Z A-Ct l. t.qD \ p(y\~}JT (.1) f ~ST~\f.)~ €~U\~MillT LUl\)M~Q TNc~. f6.mp A-JJ(J M~r~R' .... -::;. TOTAL DATE / tJ -/ ~- YtJ BY ,fJ <'!..-,,/ 1~/o/-'// /~ // - v /&D- / . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMO TO: LARRY WHITTAKER FROM: AL ROLEK DATE: OCTOBER 17, 1990 RE: PARK DEDICATION FEES IN S. E. AREA AND SILVERWOOD PARK EXPENSES In response to the Council's request, the following is a listing of park dedication fees collected for plats in the southeast area of the city (Waterford, Near Mountain, etc.) and expenses to date for Silverwood Park: PARK DEDICATION FEES RECEIVED Waterford 87 lots @ $500 $ 43,500 less: credit for 7 lots @ $500 ( 3.500) Total Waterford to date $ 40,000 Near Mountain - 202 lots @ $500 71 lots @ $350* Total Near Mountain to date 101,000 24.850 125,850 * Developer reduced total number of lots in development by 71 lots -- agreed to pay dedication fees on lots @ $350 each Silver Ridge - 8 lots @ $500 4,000 covington Vine Ridge - 63 lots @ $500 Total S.E. area park dedication fees 31,500 $201. 500 A Residential Community on Lake Minnetonka's South Shore )bFL( . . SILVERWOOD PARK EXPENSES 1984 O.J. Janski & Assoc. - Appraisal of Property 1985 Title Insurance Co. - Aquisition of Property - Park Road O.S.M. - Engineering - Waterford Park co.. . 1986-88 O.S.M. - Engineering - - In Conjuction - " " Waterford Park with silverwood Park " " - " " " " - " " " " - " " " " - " " " " " " " " - Landscape Plan & Tennis Courts - Silverwood Total Silverwood Park Expenses $ 500 93,500 14,000 850 35 35 66 165 69 104 195 363 972 $110.854 I These are the figures revealed by our search of the records. I . ~ ((, ~~x. . ])(.,~ ~~ CITY OF EXCELSIO'R~ 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 TELE: 612-474-3464, 474-5233 OFFICE OF DIRECTOR OF PUBLIC WORKS september 10, 1990 Mr. Larry Whittaker, Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Joint Use sanitary Sewer Rental Agreement Between Shorewood and Excelsior Dear Larry: Greg has asked me to contact you to follow-up on the proposed rental agreem~nt between Shorewood and Excelsior. Since it has been over a month since we've met and discussed this proposal, I am supplying you with a copy of our original proposal that ~e have discussed. In addition, I am enclosing a copy of the Metropolitan Waste Control Commmission's recommendation of the formula that th8Y feel is feasible for a joint contract. After you have revievJed the enclosed proposal and supplementary information from the Metropolitan Waste Control commission, I would like to setup a meeting with you the week of September 17, at your convenience, to discuss the proposal and answer any questions you may have. I can be reached at the Public Works Department at 474-3464, or the City Admi.nistration Offices at 474-5233. Thank you. Sincerely, cut Carl . ~ Public Works CZ : cj Enclosures - 2 I Co t l eoposed Joint Use Rental e Agreement for sanitary Sewer Between the City of Shorewood and the City of Excelsior ACTUAL COSTS FOR 1989 Collection Cost Capital outlay Administrative/General $34,160 8,662 35.908 (X 24%) $34,160 8,662 8.618 TOTAL CITY COST $78,730 $51,440 ************************* 1989 Excelsior Total Sewer Flow was 125 Million Gallons $51,440 divided by 125 Million Gallons = $411.52/ m.g. *************~***~******* . '. . Shorewood Wastewater Flow into Excelsior was 9 Million Gallons $411.52 X 9 = $3,703.68 $3,703.68 - Shorewood's Share of Cost 1990 Collection Cost Capital outlay Cost Administrative/General Cost $36,424 $36,424 10,130 10,130 43.359 (X 24%) 10.406 TOTAL CITY COST $89,913 $56,960 ************************* 1990 Excelsior Total Sewer Flow Estimate - 125 Million Gallons $56,960 divided by 125 Million Gallons = $455.68/ m.g. ******.****~~*******~***~ Shorewood Wastewater Flow into Excelsior Estimated 9 Million Gallons $455.68 X 9 = $4,011.12 $4,011.12 Shorewood's Share of Cost The city will be requl.rl.ng rental charges be paid in four equal payments beginning in 1991, being due on March 31, June 30, September 30, and December 31. -. ."p\ ~ . . Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 .. 612 222-8423 Mr. Carl Zieman Director of Public Works city of Excelsior 339 Third street Excelsior, MN 55331 4::123<1. . ~:p';>' 5.e:. j",:> 1. <,J_ ,.-;J .... /c;v ~ ~~{ APe 1990 '% \ (~, HEC8VED l ...~). ,"$.;' . ... "i' -:'-:-'l> ,.~ r:;~ ".. G::;: .:.~.. ~.\." ~~_~./ December 22, 1989 Dear Mr. Zieman: We recently met with you to discuss the proposed intercommunity agreement(s) between your city and the cities of Greenwood, Shorewood and Chanhassen. The proposed agreement (s) would replace the rental agreement the Commission has previously entered into with Excelsior to provide sewer service to parts of these communities. As we previously explained, policy adopted by the Metropolitan council on september 8, 1988, does not permit the Commission to renew the rental agreement. You have provided to us the city of Excelsior 1989 sanitary sewer operating and maintenance costs to assist you in preparing the intercommunity agreement(s). These operating and maintenance costs are: TOTAL $34,160 35,908 8.662 $77,730 Collection Administration/General capital outlay The commission suggests that these costs should be shared based on the volume of wastewater flow contributed by each community rather than the cost per mile of sanitary sewer used by each community within the Excelsior system. The total volume of wastewater flow within the city of Excelsior sewer system in 1989 was 125 million gallons. The amount of flow contributed by the cities of Greenwood, Shorewood, and Chanhassen for 1989 was 4, 9 and 5 million gallons respectively. We would recommend costs be proportioned to the communities based on the percentage of total wastewater flows attributed by each community. On this basis, the City-of Excelsior should receive income from these cities (relative to their flow) to pay toward 100% of the collection costs $34,160; 100% of the capital outlay costs; and a mlnimum 15% of the general-and administrative costs. The latter cost share is based on the' fact that the city of Excelsior would Equal Opportunity/Affirmative Action Employer ~~ .' .,' ,. . . Mr. Carl Zieman Page Two December 22, 1989 ~ incur approximately 85% of these costs whether or not the service to the other communities is provided. Costs per million gallons of flow to each community would be determined as follows: 1) $34,160 (collection cost) + $8,662 (capital outlay) + $5,386 (15% of general administrative cost) = $48,208 : 125 MG = $385.664 (cost per million gallons). 2) Greenwood share = 4 (m.g.) x 385.664 Shorewood share = 9 (m.g.) x 385.664 Chanhassen share = 5 (m.g.) x 385.664 = $1,542.656 = $3,470-.976-- = $1,928.320 $6,941.952 The proportional share of the general and administrative costs paid by the three serviced communities could be increased up to 33% to offset any costs incurred by the city of Excelsior for administering the provisions of the agreement (s). Such an increase would remain consistent with the average per million gallon costs for sewage treatment in the metropolitan area. We appreciate your cooperation and effort in attempting to determine an equitable arrangement fo~ continuing to provide sanitary sewer service to the cities of Greenwood, Shorewood and Chanhassen. If you have any questions or require any additional information or assistance, please feel free to call me at telephone number 229-2114. Very truly yours, /i? /I-c(J~ R. A. Odde Municipal Services Manager RAO:EJB:jle cc: C. R. Payne .. CHECK IIIROVAL LISTING FOR OCTOBER 22, .L'9'J0 COUNCIL MEETING CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE OCTOBER 5, 1990 5379 (G&L) MN MUTUAL LIFE EMPLOYEE ACCIDENT/SICKNESS $ 114.00 5380 (G&L) COMMERCIAL LIFE INS. CO. EMPLOYEE LIFE INS. FOR OCT. 1990 32.30 5381 (G) GROUP HEALTH, INC. EMPLOYEE HEALTH INSURANCE FOR 10/90 290.67 5382 (G) MEDCENTERS HEALTH CARE EMPLOYEE HEALTH INSURANCE FOR 10/90 435.80 5383 (G&L) PHYSICIANS HEALTH PLAN EMPLOYEE HEALTH INSURANCE FOR 10/90 3,942.00 5384 (G&L) LEAGUE OF MN CITIES EMPLOYEE DENTAL INSURANCE FOR 10/90 381.14 5385 (L) AT & T UTILITIES 1.18 5386 (L) ADVANCE REP/MAINT OF LIGHTING 57.45 5387 (L) BELLBOY CORPORATION LIQUOR PURCHASES 401.45 5388 (L) BOYD HOUSER CANDY/TOB. MISC. PURCHASES AND SUPPLIES 2,205.06 5389 (1) COCA COLA BOTTLING CO. MISC. PURCHASES 317.29 5390 (L) DAY DISTRIBUTING COMPANY BEER AND MISC. PURCHASES 3,524.87 5391 (L) EAST SIDE BEVERAGE CO. BEER AND MISC. PURCHASES 10,283.04 5392 (L) GRIGGS, COOPER AND CO. LIQUOR AND WINE PURCHASES 2,770.79 5393 (L) JOHNSON BROS LIQUOR CO. WINE PURCHASES 148.30 5394 (L) MARK VII DISTRIBUTORS BEER AND MISC. PURCHASES 5,809.05 5395 (L) NORTH STAR ICE MISC. PURCHASES 405.60 5396 (L) PAUSTIS AND SONS WINE PURCHASES 113.50 5397 (L) ED PHILLIPS AND SONS LIQUOR AND WINE PURCHASES 238.19 5398 (1) QUALITY WINE AND SPIRITS LIQUOR, WINE AND MISC. PURCHASES 788.67 5399 (1) THORPE DISTRIBUTING CO. BEER AND MISC. PURCHASES 10,108.10 5400-5436 ON PREVIOUS LIST AS 5379-5415 5437 (G) CARL AND PATRICIA NIEMI RENTAL HOUSE APPL REFUND 140.00 5438 (G) T.J. QUAM RENTAL HOUSE APPL REFUND 70.00 5439 (G) S.F. ROHNE RENTAL HOUSE APPL REFUND 35.00 5440 (G) JOSEPH/EILEEN BOYER RENTAL HOUSE APPL REFUND 35.00 5441 (G) DONALD/RHODA STREETER RENTAL HOUSE APPL REFUND 70.00 5442 (G) WARREN E. PHILLIPS RENTAL HOUSE APPL REFUND 35.00 5443 (G) PETER/MARIE LEHMAN RENTAL HOUSE APPL REFUND 140.00 5444 (G) MARVIN BJORLIN RENTAL HOUSE APPL REFUND 35.00 5445 (G) ARTHUR JOHNSEN RENTAL HOUSE APPL REFUND 70.00 5446 (G) FREDDIE NEPHEW RENTAL HOUSE APPL REFUND 35.00 5447 (G) GARY KARKHOFF RENTAL HOUSE APPL REFUND 35.00 5448 (G) MICHAEL/PATRICIA TAYLOR RENTAL HOUSE APPL REFUND 35.00 5449 (G) THOMAS THISS RENTAL HOUSE APPL REFUND 35.00 5450 (G) MICHAEL/BONNIE HUNTLEY RENTAL HOUSE APPL REFUND 35.00 5451 (G) HELEN SCHIMMELPFENNIG RENTAL HOUSE APPL REFUND 35.00 5452 (G) MARILYN J. LINQUIST RENTAL HOUSE APPL REFUND 35.00 5453 (G) TOM WICKENHEISER RENTAL HOUSE APPL REFUND 35.00 5454 (G) DOLORES TESSIER RENTAL HOUSE APPL REFUND 35.00 5455 (G) DALE C. JOHANSEN RENTAL HOUSE APPL REFUND 35.00 5456 ON PREV LIST AS 5399 5457 (G) NORTHERN STATES POWER CO. ELECTRICAL SERVICES TO FREEMAN PARK 7,914.00 5458 (G) SANDRA KENNELLY SECTION 125 HEALTH CARE REIMBUSEMENT 66.00 5459 (G) BRADLEY NIELSEN SECTION 125 DEPENDENT CARE REIMBURSEMENT 130.00 5460 (G) PATRICIA HELGESEN SECTION 125 DEPENDENT CARE REIMBURSEMENT 210.00 CONTINUED ON NEXT PAGE -1- ~\~ . - CHECK .OVAL LISTING FOR OCTOBER 22, . COUNCIL MEETING CHECK NO. TO WHOM ISSUED AMOUNT AIRSIGNALt INC. BEEPER SERVICES ALBINSON XEROX REDUCTIONS-~ SECTION MAPS AMERICAN LINEN SUPPLY LAUNDRY SERVICES FOR AUG-SEPT EARL F. ANDERSEN & ASSOC. STREET SIGNS AMERIDATA LABOR ON REPAIR OF LASERJET III PRINTER BROWNING-FERRIS IND. CHEMICAL TOILETS BRYAN ROCK PRODUCTS, INC. ROCK FOR STREETS CH CARPENTER LUMBER CONCRETE CITY OF CHANHASSEN ANIMAL CONTROL SERVICES FOR SEPT. CHAPIN PUBLISHING COMPANY PUBLISHING COMMERCIAL ASPHALT CO. ROCK FOR STREETS DMJ CORPORATION ASPHALT WORK ON MANOR/MURRAY/CARDINAL EMP BENEFIT ADMIN CO. WORKERS COMP RENEWAL FRONTIER ELECTRIC REPAIR OF LIGHTS ON FOOTBALL FIELD GRAINGER P.W. SUPPLIES-BULBS HENN CTY TREASURER POSTAGE J.M. RESEARCH ASSOC. SECOND CONTRACT PAYMENT-SR. HOUSING KEN JARCHO INS. AGENCY INSURANCE FOR 11/1/90-11/1/91 SANDRA KENNELLY MILEAGE LYMAN LUMBER SHOP SUPPLIES MACQUEEN EQUIPMENT BROOM FOR STREET SWEEPER METRO WASTE CONTROL COMM SEWER SERVICES FOR NOVEMBER METRO WASTE CONTROL COMM SEPTEMBER SAC CHARGES MIDWEST ASPHALT CORP. TACK OIL MIDWEST BUSINESS PROD OFFICE SUPPLIES MINNEGASCO UTILITIES MN CITY MANAGEMENT ASSOC. ANNUAL MEMBERSHIP FEE COMMISSIONER OF TRANSPOR. RE-LAMPING SERVICES MN SUBURBAN PUBLICATIONS PUBLISHING WM MUELLER AND SONS ROCK FOR STREETS NAVARRE TRUE VALUE SHOP AND CITY HALL REPAIR SUPPLIES BRADLEY NIELSEN MILEAGE NORTHERN STATES POWER UTILITIES NORWEST BANKt N.A. SEMI-ANNUAL FEE ON S-A,6/1/72 BOND SUSAN AND JAY O'SHEA RECYCLING AWARD-5 WEEK ACCUMULATION ORR, SCHELEN, MAYERON SEPTEMBER EGINEERING SERVICES AND ASSOCIATES, INC. PARKS (4t906.30) SEWER 2t931.19 GENERAL 21,377.04 STREETS 3t560.40 DEVELOP. 1,452.13 ON-GOING 1,688.86 ESCROW 78.19 PERMIT 255.38 MILEAGE FOR PROTECTIVE INSPECTIONS POP MACHINE RENTAL POSTAGE MACHINE RENTAL 11/16/90-2/15/91 OXYGEN TANK RENTAL CHECKS FOR COUNCIL APPROVAL 5472 5473 5474 5475 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 5493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506 5507 5508 5509 5510 5511 JOSEPH PAZANDAK PEPSI-COLA PITNEY-BOWES, INC. REYNOLD'S WELDING SUPPLY CONTINUED ON NEXT PAGE PURPOSE -3- $ 9.18 15.00 728.01 109.90 33.00 299.06 277 .61 124.80 874.00 73.15 2,204.99 34 , 734 . 11 21,456.00 100.00 81. 66 8.17 1,100.00 982.00 58.32 15.30 225.00 22,793.64 3,050.19 564.30 4.88 120.85 40.00 85.37 35.99 603.25 299.84 84.00 1 , 717 . 28 200.00 125.00 26t436.89 64.08 10.00 63.75 3.90 CHECK NO. CHE~ROVAL LISTING FOR OCTOBER 22,.0 COUNCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL CONTINUED 5512 5513 5514 5515 5516 5517 5518 5519 SHOREWOOD TREE SERVICE KATIE SNYDER SO LK MTKA PUBLIC SAFETY TONKA FORD US WEST COMMUNICATIONS VAN DOREN, HAZARD, STALLINGS, INC. VICTORIA REPAIR AND MFG YOUNGSTEDT'S BRUSH REMOVAL $ PLANNING AND COUNCIL MEETING MINUTES NOV CONTRACT AND AUG BOOKING FEE REAR WHEEL SEALS FOR TRUCK #37 UTILITIES PARK PLANNING SERVICES HINGES AND CATCH BASIN COVER UNLEADED GASOLINE PURCHASES TOTAL CHECKS FOR APPROVAL TOTAL CHECK APPROVAL LIST -4- 127.50 250.00 29,611. 28 40.70 45.94 1,895.50 81. 00 91.30 151,955.69 215,974.62 . CHEc6ROVAL LISTING FOR OCTOBER 22.90 COUNCIL MEETING CHECK NO. TO WHOM ISSUED HOURS AMOUNT CHECK REGISTRR FOR OCTOBER 10, 1990 PAYROLL 204439-204500 VOID 204501 VOID 204502 (L) SCOTT BARTLETT 31 REG HOURS $ 162.93 204503 (G) BARBARA BRANCEL COUNCIL 147.82 204504 (G) CHARLES DAVIS 80 REG HOURS 413.98 204505 (G) WENDY DAVIS 80 REG HOURS 570.99 204506 (L) KEVIN FOSS 12 REG HOURS 63.86 204507 (L) JOHN FRUTH 29.5 REG HOURS 133.00 204508 (G) ROBERT GAGNE COUNCIL 142.50 204509 (G) JANICE HAUGEN MAYOR 170.60 204510 (G) PATRICIA HELGESEN 64 REG HOURS 409.10 204511 (L) BRAD HOLTHE 12 REG HOURS 61.50 204512 (L) BRIAN JAKEL 33.5 REG HOURS 155.76 204513 (G) DENNIS JOHNSON 82 REG HOURS 504.87 204514 (L) JOHN JOSEPHSON 6 REG HOURS 32.52 204515 (L) WILLIAM JOSEPHSON 80 REG HOURS 597.97 204516 (L) MARK KARSTEN 58 REG HOURS 238.91 204517 (G) SANDRA KENNELLY 80 REG HOURS 756.19 204518 (G) ANNE LATTER 89 REG HOURS 523.76 204519 (L) SUSAN LATTERNER 34 REG HOURS 158.80 204520 (G) JOSEPH LUGOWSKI 80 REG HOURS 679.00 204521 (L) RUSSEL MARRON 46 REG HOURS 224.25 204522 (L) KELLY MICHELSON 17.5 REG HOURS 82.75 204523 (G) LAWRENCE NICCUM 80 REG HOURS 558.21 204524 (G) SUSAN NICCUM 80 REG HOURS 598.94 204525 (G) BRADLEY NIELSEN 80 REG HOURS 835.80 204526 (G) JOSEPH PAZANDAK 80 REG HOURS 813 .40 204527 (G) DANIEL RANDALL 80 REG HOURS 684.85 204528 (L) BRIAN ROERICK 14 REG HOURS 68.08 204529 (G) ALAN ROLEK 80 REG HOURS 928.53 204530 (L) BRIAN RCEINBERGER 6 REG HOURS 29.56 204531 (L) CHRISTOPHER SCHMID 80 REG HOURS 453.28 204532 (L) CRAIG SCHOLLE 14 REG HOURS 68.08 204533 (G) HOWARD STARK 82 REG HOURS 559.19 204534 (G) KRISTI STOVER COUNCIL 150.00 204535 (G) LEONARD WATTEN COUNCIL 147.82 204536 (G) RALPH WEHLE 80 REG HOURS 544.12 204537 (G) LAURENCE WHITTAKER 80 REG HOURS 730.79 204538 (L) DEAN YOUNG 80 REG HOURS 582.28 204539 (G) DONALD ZDRAZIL 80 REG HOURS 1,004.41 TOTAL GENERAL 11,874.87 TOTAL LIQUOR 3,113.53 TOTAL PAYROLL 14,988.40 -5- MAYOR Jan Haugen COUNCil Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: FR: DT: ..... The City Council Larry Whittaker Oct. 4, 1990 RE: Special Taxing Districts for stormwater drainage projects I recommend we add two items to the Agenda: the Grant-Lorenz drainage proposal and Establishing Special Taxing Districts for all the City's Subwatersheds...after Item #12. As we encounter and/or deal with each new drainage problem, we are going through the process of establishing a District for each one - a very time-consuming process. Soon, we will have half the City covered and will have gone through the public hearing and notice requirements numerous times - explaining the same things. Perhaps, we should define each District and hold one large Public Hearing on ALL the Districts. Then, when problems like Grant-lorenz and Nephew's drainage come up, we can proceed direct- ly into the 429 Feasibility Study and Hearing process. This would shave a month off the process for each project. And, it would put ALL property owners on NOTICE that they are in a Subwatershed and that the City has decided that Special Taxing Districts are the only practical way to finance all of the necessary drainage improve- ments. If projects serve more than one'Subwatershed or an improvement must be designed to serve several subwatersheds to be effective, the Districts would already be established. Now, it also weems to me that Xhe scale of the Grant-Lorenz project will warrant establishing a District there now. Perhaps, we should do that before we hold another meeting with the petitioners and other affected residents. It is not, as the petitioners expected, a simple maintenance project. A reasonable and sufficient solution cannot come from the City's General Fund. So, if it truly needs to be done, we should start the process as soon a~ possible. A Residential Community on Lake Minnetonka's South Shore ~~~ Orr Schelen Mayeron & Associates, Ine. 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers surveyors Planners TO: FROM: DATE: SUBJECT: City of Shorewood gQ~ David D. Mitchell, P.E. and James P. Norton, P.E. October 4, 1990 Proposed Improvements of the Grant Lorenz Drainage Problem, ~ I. Discussion of Problem - A general overall look of the drainage ditch has shown a need for a number of improvements along the area. Problems that were found include silting in the ditch bottom itself, erosion along the banks, dense vegetation in the ditch bottom and brush and trees falling into the ditch bottom along with other debris including concrete blocks, metal barrels, etc. These problems create flow restrictions of the ditch causing destruction and encroachment on private property. A continuing escalation of these problems could in time cause severe inundations on private property and a deterioration in the aesthetic value of the ditch. It is therefore believed that a cleanup program should be implemented to curtail the continuation of these problems and to increase the flow capacity of the ditch. Another consideration that should not be overlooked, is the fact that areas upstream are currently being developed. The continuation of development upstream of Smithtown Road will eventually create a need for more flow capacity in the ditch. A cleaning effort at this time could help facilitate the increase in flow and also preserve the aesthetic value of the ditch. At the current time, heavy rainfalls cause the flooding at a number of homes along the ditch as well as flooding of the intersection of Noble Road and Grant Lorenz Road. It is suggested that along with the ditch cleaning program, a hydraulic review of the Comprehensive Stormwater Study be done to verify the required capacity. of this ditch between Smithtown Road and the wetland area immediately north of Noble Road. II. Proposed. Improvements - Solutions and improvements to the ditch include the following: A Widening and reshaping the existing channel in a number of areas. B. General cleaning in the removal of silt and debris from the ditch bottom. C. The installation of erosion control measures. D. The installation of larger size culverts if required after analysis of the watershed area. - .--. ,._--_._-~---.---------"-_.-=-.-~,.""'.,~.._- .I E. Redirect drainage west of Grant Lorenz Road coming from the school site to flow along the west side of Grant Lorenz Road. The widening and/or reshaping of the ditch would involve approximately 900 feet in the area between Smithtown Road and Grant Lorenz Road. Also included in this ditch widening and reshaping would be the areas immediately north and south of Noble Road. The widening and reshaping of the ditch would involve the grading of a wider ditch bottom with more gradual side slopes to allow for the mowing of the ditch bottom during dry seasons. This would help to increase the capacity of the ditch during wet periods. .---" The general cleaning of the ditch would involve removal of silts and debris from the existing channel from the crossing under Grant Lorenz Road up to the area immediately south of Noble Road. The cleaning would involve approximately 1,000 feet with an average width of 10 to 15 feet and the approximate removal of 1/2 to .1 foot of silting materials. This"general cleaning would also include the removal of fallen trees and trees that are currently standing but in the danger of falling into the ditch if erosion were to continue. The installation of erosion control would include the placement of rip rap along strategic areas and the establishment of erosion control blankets with seeding in other areas of the ditch to limit the bank erosion during high flow periods. An approximate quantity of rip rap would be estimated to be between 250 and 350 cubic yards of rip rap placed with the filter blanket under the rip rap and approximately .5 acres of seeding with erosion control blanket. Another alternative for the control of erosion would be to install a series of overflow structures creating low velocity ponding areas during high flow periods. These structures could be designed such that they would drain the ditch relatively dry during low flow periods. This approach would require a more intense engineering effort and some additional construction efforts. It is assumed that the construction costs would be similar. Also proposed as improvements would be the installation of properly sized culverts under existing roads and driveways: It is not known if the existing culverts are incorrectly sized. It would require the performance of a watershed review to determine this. Culverts along the Grant Lorenz ditch should be sized to accommodate the flow of a 5 year event, in conformance with the Comprehensive Stormwater Study. IlL. Effects of the Improvements - The improvements discussed would: A Increase the flow capacity of the ditch. B. Increase the aesthetic value of the ditch. C. Decrease erosion and deterioration of the ditch banks. D. Decrease the potential for inundation of flood waters on private properties. . IV. Cost of Improvements - Following is an itemized cost estimate to accomplish the above described improvements: Estimated Construction Cost: 40 hours of crew time (including backhoe, dozer, and trucks) @ $500.00jhr = Contingency 15% $20,000.00 .... $10,500.00 $ 1.000.00 $31,500.00 $ 4.700.00 $36,200.00 300 cubic yards of rip rap delivery in-place with fabric underlined @ $35.00jc.y = .5 acre of seeding with erosion control blanket @ $2,000jper acre = Estimated Construction Cost: TOTAL CONSTRUCflON COST Estimated En2ineerin2 Cost: Survey time for easement description $ 2,800.00 3 Days for field survey and office administration $ 3,000.00 Engineering time for development of plans & spec. $ 2,880.00 Engineering time for design of overflow structures and ponding areas $ 1,920.00 Inspectionj construction observation time $ 2.200.00 Estimatede.Engineering Cost $12,800.00 Contingency 15% $ 1.900.00 Total Estimated Engineering Cost. $14,700.00 TOTAL PROJECT COST $50,900.00 jcmw 10j90-grant.lor SCOTT1S- LANDSCAPING 474-7947 Estimate Sept 28 Boulder Wall $3.510.00 Additional Boulder Wall on back of lot Additional Techne Arborvitae (3 @ 100) Grading 800.00 300.00 445.00 5.055.00 Work completed Qctober 6. 1990 ~ /q{j 51 Mrs. Donald W. McGregor M-262-074-067-187 Phone 474-4651 19940 Lakeview Avenue, Cottage wood Excelsior, Minnesota 55331 9491 ('j c 'T 5" 19.!lt2..- 75-350/910 , QAA~Ltt!h: f1fkJ 10qo 2q8~' qa..q 1 ..~... .1iI... NOIIwrisrBANKS MIiIW... ."".. Norwest Bank Mlnnes a, Excelsior Ofllce 411 Waler Slreel Excelsior, Mlnnesola 66331 Memo 1:0 q 10035081: $ ~05~ , uo".rs