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STAFF REPORTS fJCA t:7~ C. Attorney's Report Continue 3. Resolution Approving Appraisals of Value onWedgewood Drive Easements. D. Administrator's Report 1. Update on Towing Contract Proposal 2. Ivy Lane Drainage Update 3. Cancellation Notice Midwest A.nimal Services Inc. (Att.No.12D-3-Letter) 4. Report on Eurasian Water Milfoil Inspection in Christmas Lake (Att.No.12D-4-Inspection Report) 5. Fire Proof File 6. Announcements 13. COUNCIL REPORTS A. Mayor's Report 1. 2. B. Council Report 1. 2. 14. APPROVAL OF CLAIMS AND ADJOURNMENT . -3- , ---" .. . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 26, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., June 26, 1989, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Brancel, Watten, Stover and Gagne. Staff: Attorney Penberthy, Engineer Norton, Planner Nielsen, Administrator Whittaker and cierk Kennelly and Finance Director Rolek. APPROVAL OF AGENDA Nielsen informed the Council that Mark Senn of Marcus Development may arrive late and asked to postpone action on Item No.5 until his arrival. Watten moved, seconded by Brancel to approve the June 26, 1989, Agenda as presented. Motion carried - 5 ayes. APPROVAL OF MINUTES Gagne moved, Stover seconded, to approve the minutes of the Special Workshop, May 1, 1989, as written. Motion carried - 4 ayes (Brancel absent) Stover moved, Brancel seconded, to approve the minutes of the Special Workshop, June 5, 1989, as written. Motion carried~ 5 ayes. ~v~ ulp) 'H-L Gagne moved, Watten seconded, to approve the^Regular Council meeting of Monday, June 12, 1989, as amended on pages 3, 5 and 7. Motion carried - 5 ayes. CONSENT AGENDA Gagne moved, seconded by Stover, to approve the following Consent Agenda items. -1- aA- MINUTES - MONDAY.UNE 26, 1989 PAGE 2 . CONSENT AGENDA- Continue City Office Closed to Public - July - Fridays Closing the City office to the public all Fridays in July to enable the staff to update and organize the office files. Motion carried - 5 ayes. COMMISSION REPORTS Planninq Commission - No Report Park Commission - will meet Tuesday, June 27, 1989. LMCD REPORT Bob Rascop reported on LMCD activities: The harvesting of the Eurasian Milfoil will begin this week. The 45 X 15 boats will be named after historical boats that operated on Lake Minnetonka. A meeting of the LMCD Intergovernmental Relations Subcommittee, will be held at 7:00 P.M., June 29th, at the Tonka Bay City Hall, to discuss LMCD Management Plan. The Mayor and Administrator will attend. PUBLIC HEARING - 7:45 P.M. Amendment to CDBG-Year XV Funds Resolution No.48-89 Mayor Haugen opened the public hearing to consider comments on the proposed amendment to Year XV Urban Hennepin County Statement of ~rojected Use of funds for the City's CDBG application, at 7:45 P.M.. The amendment would transfer $14,887.00 from Housing Rehabilitation to the Special Census. The City expects the Special Census to verify a population of over 5000 which will qualify the City for an increase in State Highway Aids from $27,000.00 to approximately $200,000.00 yearly. Haugen asked for public comment and received none. The public hearing was closed at 7:48 P.M. Stover moved, seconded by Brancel,to adopt Resolution No.48-89, "A Resolution amending the Use of Community Development Block Grant Funds", which amends Year XV Urban Hennepin County Statement of Projected use of funds, of $14,887.00, from housing rehabilitation to the Special Census. Motion carried - 5 ayes by Roll Call Vote. . Stover moved, seconded by Gagne, to authorize the Mayor to execute the contract for the Special Census with the Census Bureau. Motion carried - 5 ayes. -2- . . MINUTES - MONDAY, JUNE 26, 1989 PAGE 3 Support Hennepin County Application for Discretionary Funds Resolution No.49-89 Stover moved, seconded by Gagne to direct the Attorney to prepare a Resolution supporting the Hennepin County application for discre- tionary funds to continue the housing rehabilitation program. Motion carried - 5 ayes by Roll Call Vote. 8PPEAL"NOTICE TO REMOVE"- ZONING VIOLATION - MRS. F.G. LAT'l'ERNER Mrs. F.G. Latterner's son, Jim Latterner, requested an extension of time to correct zoning violations because the family is negotiating conservatorship of Mrs. Latterner's affairs. Nielsen reviewed the zoning violation citing 15 boat trailers; 30 boat cradles; 5 fish houses and an accessory building, which are not per- mitted in this zoning district. Members of the Latterner family stated that the fish houses belong to family members and they have been stored on this property rather than on their individual property for the past 30 years. They also stated that someone had to have trespassed on the property in order to see the items in violation. They could not have been seen otherwise. Stover asked when the conservatorship would be determined. -Mr. Latterner said a hearing is scheduled for June 29; but the matter may not be resolved at that time. Brancel moved, seconded by Stover, to table action on the zoning viola- tion until July 10th. The Councll indicated it may consider an aadi- tional 2-week extensiOIl at that time. Motion carried - 5 ayes. C.U.P. AND SETBACK VARIANCE- LEE LABORE RESOLUTION NO.50-89 Stover moved, seconded by Watten, to adopt Resolution No.50-89, "A Resolution granting a Conditional Use Permit and setback variance to Lee LaBore", of 4445 Enchanted Point to construct accessory buildings in excess of 1000 square feet. Motion carried - 5 ayes by Roll Call Vote. SETBACK VARIANCE-DAVID ~ffiLEY RESOLUTION NO.5l-89 Stover moved, seconded by Brancel, to adopt Resolution No.51-89, "A Resolution granting a setback variance to David Maley", to construct a deck at 4365 Enchanted Drive. Motion carried-5 ayes by Roll Call Vote. APPEAL -"NOTICE TO REMOVE" - NANCY GEORGE . Mr.and Mrs. George requested an extension, until Fall, 1989, to comply with the "Notice to Remove" the slide, brush, bike, old lumber, blocks, wire spool, bathroom fixtures and shed. Mr. George stated that he is using the toilet as a planter, the spool as a picnic table and the shed -3- MINUTES - MONDAY~UNE 26, 1989 PAGE 4 . APPEAL "NOTICE TO REMOVE" - NANCY GEORGE - CONTINUE as a children's playhouse. He agreed to remove the shed/playhouse and will dispose of old lumber or cover and place in an enclosure. Watten moved, seconded by Gagne, to grant Mr. and Mrs. George 30 days to comply with the Ordinance. Motion carried - 5 ayes. Stover suggested that a policy be set to further clarify issues dis- cussed. APPROVAL OF THE 1990 BUDGET Stover moved, seconded by Gagne, to accept the 1990 South Lake Minne- tonka Public Safety Department budget of $831,338.00, which limited the increase over the 1989 budget to 3%. Motion carried - 5 ayes. APPEAL "NOTICE TO REMOVE" - MARCUS DEVELOPMENT Mark Senn, representing Marcus Development/Shorewood Fina Station, re- quested an extension to remove the contaminated soil from their site. He updated the Council on their progress in obtaining reimbursement for expenses of treating and removing the contaminated soils found on their site. The MPCA made a favorable recommendation to the Petro Board. That Board is scheduled to meet July It' 1989. If they reach an agreement then, Marcus will complete the cl an-up on the Fina site as soon as possible. Senn stated that the par nership can not afford to clean-up the site without PCA reimbursement. He said treating the soil is very expensive. It will cost from $30,000. to $50,000 to haul and burn it at an asphalt plant or it could cost from $2,500 - $10,000 to spread the soil no deeper than 6" and remove any debris. The affected municipality has to approve the site and most cities are very reluctant to approve such a site. Mr. Senn stated that the partner- ship has already expended $300,000 and may have to spend an additional $500,000 on Phase II. Mr. Senn, stated that the partnership does not want to alter the site in any way that may jeopardize the reimbursement. They would like to wait until the Petro Board has given their final decision on the reimbursement. Gagne would like to close the Fina station in order to get the develop- er to clean up the soil which clogs the City drain, after every rain- fall, and complete the landscaping on the site. Stover would like a report on the effect the contaminated soil has on the environment. Brancel would like to see documents from the MPCA supporting Mark Senn's report. Watten wants data on the effect of this contamination on the groundwater and air. Brancel moved, seconded by Gagne, to delay action until the second meeting ,in July in order to obtain information on MPCA requirements, completion dates, operation of the aeration system, information on the -4- . . MINUTES PAGE 5 MONDAY, JUNE 26, 1989 APPEAL 'NOTICE TO REMOVE' - MARCUS DEVELOPMENT - CONTINUED hazardous characteristics of the contaminated soil and an explanation of the delay in the MPCA's decision. Motion carried- 5 ayes. Council directed letters be sent to the MPCA and Petro Board express- ing the Cities concerns. COUNCIL BREAK: 9:26 P.M. to 9:34 P.M. REQUEST FOR INCIDENTAL USE OF PUBLIC RIGHT-OF-WAY - GARDENDALE ROAD Mr. Beal applied for a permit to use undeveloped Gardendale Road as an access to land he owns at the south end of that road. He would like the City to clean the access or allow him to clear a path for vehicle access so he can show the lot for sale. Nielsen stated this is proper use of the right-of-way and the only access available. Nielsen read his recommendations supporting the incidental use permit from his June 21, 1989 report (Report attached hereto). Mr. Tom Doherty expressed his concern that the access may be just 6" from his home. He questioned whether Mr. Beal,if granted the permit, would be able to grade the entire 30' right-of-way. He also asked how many homes could be built on Mr. Beal's parcel. Nielsen stated only one house could be built unless a 50' right-of-way could be obtained. If so, up to 3 houses could be allowed if all other zoning requirements could also be met. The neighbors expressed concerns about the removal of 3 large trees and the need for a retaining wall to support an access They stated that Mr. Beal has already begun clearing the right-of-way and has cut trees on private property not belonging to him. The City instructed him not to begin any work until he obtains a permit. Haugen said Mr. Beal should survey and stake the right-of-way before any work is done. Mr. Doherty asked if the City had control over the hours the work could be done as Mr. Beal has operated noisy equipment at 5:30 A.M. in the past. Mr. Doherty also had concerns that Mr. Beal might not clean up or control erosion after the clearing of the right-of-way. Council asked the Attorney for his opinion on what the City is required to do regarding the use of right-of-way request. Attorney Penberthy said that the City may permit the use if it is not inconsistant with public purpose-and that reasonable conditions may be attached to the use permit. The parcel could be reached on foot without improvement. Stover moved, seconded by Watten, to deny the incidential use of public right-ot-way for vehicular access and deny Mr. Beal permission to re- move any vegetation along that right-of-way. The Council will recon- sider action on the permit when a building permit is requested. Motion carried-5 ayes. Council recommended that the neighbors identify existing monuments delineating the right-of-way and their property lines. -5- MINUTES PAGE 6 . MONDAY, JUNE 26, 1989 . COMPARABLE WORTH Administrator Whittaker informed the Council that, to date, $4,706.08 has been expended on the Comparable Worth Study. He is now recom- mending that the Council enter into an agreement with PDI using the PDI/MAMA Joint Compensation Study to complete the Comparable Worth Study. This will be a 12 week process at a cost of $4,600. He also recommended that Jim Schultz be retained to assist in completing the Comp Worth Study, Pay Plan, job discriptions and evaluation system at a cost not to exceed $2,000. Stover moved, seconded by Gagne, to authorize the Mayor and Adminis- trator to execute an agreement with PDI and Jim Schultz to complete the comparable worth study, job descriptions, pay plan and evaluation system at a cost not to exceed $6,600. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Recvclinq Concerns Bob Rascop asked if Waste Management would collect recyclables on the islands on the same schedule as the rest of Shorewood. Kennelly stated that they would be collected the same day. Mr. Rascop suggested that the City might consider coordinating the islands re- cycling pick-up with Minnetrista for better service and less expense to the City. Minnetrista's current recycling supplies containers and collects cardboard and plastic that the Waste Management con- tract does not supply for Shorewood. Staff will investigate. STAFF REPORT Finance Director Report Defeasance of 1971-1972 A & Band 1973 Improvement Funds Finance Director Rolek recommended the defeasance of the 1971, 1972 A & B series and the 1973 bonds and deduction of the surplus funds to the 1974 bond, as recommended by the City audit at the annual audit review. Rolek recommended the City act now to take advantage of the best interest rates. Rolek presented quotes from Juran and Moody and Springstad, Finan- cial Consultants, to handle the defeasance. Stover moved, seconded by Gagne to authorize the defeasance, as re- commended, and contract with Springstad at a cost not to exceed $2,000. and direct the Attorney to draft a resolution to be returned to the Council for approval. Motion carried - 5 ayes. Authorize to Hire a Computer Consultant Finance Director Rolek met with Jim Stern of Chapel Consulting to discuss the City's computer needs. Rolek recommended that Chapel Consulting be hired to consult with staff. If staff feels . -6- . . MINUTES - MONDAY, JUNE 26, 1989 PAGE 7 STAFF REPORT Authorize to Hire a Computer Consultant - Continue additional services are needed they will return to the Council. Watten moved, seconded by Stover, to accept the recommendation of staff and hire Chapel Consulting to consult with staff on compute~ needs at a cost not to exceed $2,000. Motion carried - 5 ayes. Budqet Schedule The Governor's veto of the tax bill also vetoed ch~nges in the Truth in Taxation law. Therefore, the State Department of Revenue recommends the City set its levy by October 1, 1989, instead of August 1, 1989. Council set a tentative budget workshop meeting for July 17, 1989. Engineer's Report Discussion of Timber Lane Erosion and Drainaqe Problems Engineer Norton informed the Council that Timber Lane is beginning to break up and slide toward the lake. There may be problems with the divert ing the road to south side of the right-of-way. 'l'he Engineer estimated it could cost more than $150,000. for sheet pilings to stop theerosionRorton said he needs soil borings to determine the best solution to the problem ~t a c~st of $2,uOU to $3,000. Watten moved, seconded by Stover, to authorize the Engineer to secure the necessary soil borings to determine the best solution to the erosion problem on Timber Lane. Motion carried - 5 ayes. Jim Schultz stated that snowmobiles have a path from the lake at the erosion point and they could add to the problem. Ivy Lane Drainage Discussion Engineer Norton referred to his May 22, 1989 letter regarding a drainage pipe on her property at 20955 Ivy Lane owned by Julie Lindelin. There is a drainage pipe that protrudes out of the bank behind her property then discharges onto her side yard. The letter indicated that Dan Vogt had assured her the drainage problem would be corrected. Norton asked for Council direction regarding this matter. Gagne recalled a previous discussion where Ms. Lindelin in- dicated she did not want the 'pipe extended because the City would need to clear a wide path and remove trees to complete the installa- tion.. The Administrator will contact the property. owner and deter- mine what she would like done. Status Report - Freeman Park Project The fields have been staked in conformance with ~he plan. Two fields -7- MINUTES - MONDAY~UNE 26, 1989 PAGE ij . STAFF REPORT Engineer's Report Status Report - Freeman Park Project - Continue have been sub-cut and all rocks have been picked and disposed of. The park consultant, Mr. Haun, has been out checking the progress. Norton stated that the work was going well and would be completed by July 1st, "weather permitting". Whittaker stated that there will be added expenses for George Haun to monitor the progress and to insure the work is being completed properly. Gagne reminded the Council of the need for additional funds in next year's budget for maintenance of the additional fields. Attorney's Report Draft Wetland Ordinance Council reviewed the draft Ordinance and had questions on the mean- ing of "ground and surface-water source" and whether the area of concern was a designated wetland. Stover asked if the City could prohibit wells on properties where there is no primary use of pro- perty. Nielsen questioned the affect of that on parks and similar areas. Brancel moved, seconded by Gagne, to table the Ordinance amendment for further information and clarification of terms. Motion carried- 5 ayes. COUNCIL BREAK: 11:20 P.M. - 11:25 P.M. Administrator's Report West Suburban Mediation Center The Council clearly indicated that the City did not want to help finance the West Suburban Mediation organization. Authorize Part-time Status - Planning Secretary Planner Nielsen and Administrator Whittaker recommended that Patti Helgeson be allowed to work 32 hours per week due to added respon- sibilities at home. Gagne moved, seconded by Brancel, to approve the request for a part- time status (32 hours weekly) for the planning assistant. Motion carried - 5 ayes. Staff also recommended the City hire a part-time employee to record and prepare Planning Commission minutes. . Watten moved, seconded by Brancel, to authorize the hiring of a part-time person for recording and preparing of Planning Commission minutes. Motion carried - 5 ayes. -8- MINUTES - MONDA~JUNE 26, 1989 PAGE 9 . STAFF REPORT Administrator's Report - Continue Towinq Contract Discussion The Council would like to contract with one company to tow vehicles that are parked in violation of the Ordinance, to ensure that Shorewood residents know who to call and where to find their vehicle once towed. Council directed the Administrator to obtain quotes from towing companies. The City may use the company currently used by our police department until then. Announcements Hennepin County Rail Road Authority Hennepin County has denied a City request to put class 2 rock on the rail right-of-way. The Rail Authority does not want to estab- lish this right-of-way as a trail system as they intend t use the route for a rail system in the future. Recyclinq Whittaker informed the Council that Waste Management wants a 4-month contract for the drop-off site bins for the Shopping Center. Stover moved, seconded by Brancel, to approve the 4-month contract. Motion carried - 4 ayes, 1 nay (Gagne). IMCA Conference Whittaker informed the Council that he will be attending the IMCA Conference in Des Moines, Iowa in September. National Clean-Up Month The cities are encouraged to appoint a committee to organize a City- wide clean-up month for April of 1990. Brancel suggested that the City contact the Boy Scouts to see if an Eagle Scout would like to work on this as a community service project. Goose Round-Up The goose round-up has been rescheduled for June 28 and 30. MnDOT Intersection Plan Haugen asked if MnDOT would proceed with their plans to change the Vine Hill Road intersection if the City told the~ "No". N~elsen stated that this intersection was high on the list of hazardous intersections and they may proceed without City approval. -9- MINUTES - MONDAY~JUNE 26, 1989 PAGE 10 . STAFF REPORT Administrator's Report - Continue Glen Road Drainage Plans Norton has received no new information on the drainage project plans from the Watershed, but he will obtain information for the next Council meeting. COUNCIL REPORTS Mayor's Report West Hennepin Human Services Board Representatives Marty Jakel and Ramona Emmer were originally appoint- ed to the Board. The Board would like the City Council to reappoint Emmer and appoint a replacement for Jakel, who would attend meet- ings. Council directed that an article be placed in the paper ask- ing for volunteers. South Lake Minnetonka Public Safety Department - Open House The Police Department has scheduled an open house at the new Police Building for June 28, 1989, between the hours of 4:00 p.m. to 8:00 p.m. Council Reports Policy Settinq Study Session Stover would like a study session set for August 7, 1989, to work on policies including a drainage assessment policy. Recycling Buckets Watten stated that the company selling recycling buckets will con- tact the staff for details of the purchase. 1989 Employee Pay Plan Brancel moved, seconded by Watten, to table the discussion of the 1989 pay plan until the special meeting of July 17, 1989. Motion carried - 5 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT Brancel moved, seconded by Stover, to adjourn the regularly scheduled Council meeting of Monday, June 26, 1989, at 11:56 P.M., subject to approval of claims for payment. Motion carried unanimously - 5 ayes. . -10- ~ . . MINUTES - MONDAY, JUNE 26, 1989 PAGE 11 . GENERAL & LIQUOR FUNDS - Acct No. 00-00166-02 Checks # 2538-2605 Payroll Checklist: Checks #203164-203200 Total RESPECTFULLY SUBMITTED, Sandra L. Kennelly City Clerk General $37,822.04 Liquor $26,671.37 $11,513.29 $49,335.33 $ 3,043.40 $29,714.77 -11- Jan Haugen, Mayor . . . RESOLUTION NO. A RESOLUTION SUPPORTING HENNEPIN COUNTY IN THEIR APPLICATION FOR USE ~F THE 1989 URBAN HENNEPIN COUNTY CDBG COUNTYWIDE DISCRETIONARY ACCOUNT FOR HOUSING RE- HABILITATION IN THE CITY OF SHOREWOOD, YEAR XV WHEREAS, Hennepin County is responsible for the administration of the Urban Hennepin County Community Development Block Grant Program in partnership with forty-four suburban communities, and WHEREAS, the purpose of the CDBG Program is to develop viable urban communities by providing decent housing, a suitable living environment and expanded economic . opportunifies for low and moderate income persons; aiding in the prevention or elimin- ation of slums and blight; and meeting other urgent community development needs, and WHEREAS, unexpended and unprogrammed funds are placed in a Discretionary Account for annual distribution to communities on a competitive basis with funding decisions being made by the County Board following receipt and review of recommendations from the Citizens Advisory Committee, WHEREAS, the City of Shorewood has allocated over two-thirds of its Community Development Block Grant funds for the rehabilitation of existing single-family dwellings in previous years; and WHEREAS, the City of Shorewood can qualify for over $200,000 in State Highway aids if a Special Census shows our population exceeds 5,000; and WHEREAS, the City of Shorewood has determined that the allocation of Year XV Community Development Block Funds to a Special Census would have great benefit to the community; and WHEREAS, the City of Shorewood would also like to continue the rehabilitation of existing single-family dwellings in the community; and WHEREAS, Hennepin County has managed that program for the City and can apply for funds from the Discretionary Account to continue that program through Year XV of the Community Development Block Grant program; NOW, THEREFORE, BE IN RESOLVED, by the City Council of the City of Shorewood, THAT, the City of Shorewood encourages and will support an application from Hennepin County to continue the rehabilitation of existing single-family dwellings in the City of Shorewood from the 1989 Urban County CDBG Countywide Discretionary Account. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of July 1989. Jan Haugen, Mayor ATTEST: Sandra L. K~nnelly, City Clerk Roll Call Vote: Ayes - Nays - Q~ -fj)/U 3A ..- . . \ 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 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 JULY 1989 RE: SWANSON/RABY/MARK - VACATION OF DRAINAGE AND UTILITY EASEMENTS FILE NO.: 405 (89.12) In May of this year the City approved a subdivision and combination of properties owned by Brian Mark and Paul Swanson at 4690 and 4670 Lakeway Terrace, respectively. The lot line rearrangement necessitates vacation of existing drainage and utility easements in exchange for new ones along the new lot lines. The attached exhibit illustrates the easements to be vacated (areas shown cross-hatched) and the easements to be acquired (areas shown shaded). The resolution approving the vacation should be required to be recorded simultaneously with the resolution approving the division/combination and the deeds for the new easements. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Brian Mark Paul Swanson . A Residential Community on Lake Minnetonka's South Shore 5 , . . PROPf.R-r{ DESCR\PI\O~ S~E TCW PARCEL l'A RCE.. L PAR.c..E L P'A RC E. L \ ~IO,OOY..s.S.F. 2... : \"\.3tY. ~ S F :, \'Z....I\fO.~ S.F L\ 2.~12:>.S S,.F /.- ,. the M.~~ ll.,.1I",I., CPt~(( ot Lo-l- 3 \ 1~ \ ' \ ,-, t- -< ~ o \7 'r, , _0~~~~:}.~~~=I'h~_~L,:,_~,}"~..~~~~ / I , '- ....' / /, (,..' '" "- "- '-, ,. :.- '-...J bnu+,^l.U.!~-l-f'( 11 I, no ~ "".1= ...:..1 ~_ ~\.,<-K I -., =="":=-..,....,.~~.-=-..."'.."c=~ n\O'>t sov-ilui ~ :','~a.f /..J LL."t 'S. f>lIH:..l<- t - - , / / - /-. If) / j}:: ,jP II ~ ~q.OII ~ IC ./ .. ~~ . ,,, / l..' I / -,' / f'. J' l. -, ~: ..... -,' ,-- " ,... ~ h\..J IVM,ti. Cd'n" '. orl.-tS. ~~.a.1 --""-::7: " . ;1" / 1>"1. / 11.t M./fkwIJIA. Il~.'!j.. ~r (, o~ 1o.J.5. &.cJ: I ,{ \ /v;' \. ~.~\ \\ / //- tl~Ott4- . /'''- . " : ,. <r! -- '1\... ",.J l)'rll.ul~ \_J "CD'''',{ to-rt> 0 ..7 \- / --- , I .3 '-, i .._.....1 I -' ,/ -.j) ("v '. 1_, ,-- -.. ~ L_() -:- /" v.,j "'" /"- I /"-~ 1_ .......J -,- '\ -7 {)' \Jl I \}l -() -------r- tJo 1$.-11-\ SLAL"- !', ='0' {n.~ ~0tr1~ Co,,,,,,,, ~ L,,+ ~. &\.0::' i I- I ... -' ~-~ -.' ~.",I ~..3 OI2A"'JA~E. : UTH....' 1 " E.A~EW\e.U,.~ ---' m ("J 7'3 ~ l"...<.1 , -- ,-- , '........... .... - ,- .......-; . r- RESOLUTION NO. ~25-J79 A RESOLUTION VACATING A CERTAIN DRAINAGE AND UTILITY EASEMENT, WHEREAS. Notice of Public Hearing on the proposed vacation of a certain drainage and utility easement in the City of Shorewood. Hennepin County. Minnesota. was published in the Excelsior/Shorewood edition of the SAILOR NEWSPAPERS on the 28th day of June and Sth day of July. 1989; 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 10th day of July. 1989. 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. the following drainage and utility easement in hereby vacated: A 10.00 foot wide drainage and utility easement over. across and under the southwesterly 10.00 feet of Lot 3. Block 1. Tonkawood Estates. according to the recorded plat thereof. Hennepin County. Minnesota. and; A 10.00 foot wide drainage and utility easement over. across and under the southwesterly 10.00 feet of Lot 4. Block 1. Tonkawood Estates. according to the recorded plat thereof. Hennepin County. Minnesota. and; A 10.00 foot wide drainage and utility easement over. across and under the southwesterly and northwesterly 10.00 feet of Lot S. Block 1. Tonkawood Estates. according to the recorded plat thereof. Hennepin County. Minnesota. BE IT FURTrlER RESOLv~D that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY TH CITY COUNCIL OF THE CITY OF SHOREWOOD this lath day of July. 1989. Jan Haugen. Mayor ATTEST: Sandra L. Kennelly. City Clerk . Roll Call Votes: Ayes - Nays - .;# ~ ...~ . . ., 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 6 JULY 1989 RE: MARILYNWOOD 2ND ADDITION - FINAL PLAT FILE NO.: 405 (89.04) Mr. Gerald Kelsch requests final plat approval for a three-lot subdivision at the southeast end of Riviera Lane. The final plat. shown on Exhibit A. is consistent with the preliminary plat which was approved in March. It is recommended that the final plat for Mari1ynwood 2nd Addition be approved subject to the following: 1. The applicant must submit up-to-date (within 30 days) title opinions for all properties involved in the plat. 2. Park dedication fees totaling $1000 must be paid prior to release of the plat. 3. The applicant should advise the City Clerk as to how sewer equalization charges should be spread against the lots. 4. Legal descriptions must be provided for easements on existing Lot 6. Upon receipt of the descriptions a public hearing will be scheduled to vacate them. 5. Since improvements have been required for the existing turn-around on Riviera Lane and grading will be necessary for drainage purposes, the City Attorney is preparing a simple development agreement between the City and the developer. This agreement will be sent under separate cover. 6. Prior to release of the final plat, the dilapidated building ~n Lot 2 must be removed. A Residential Community on Lake Minnetonka's South Shore ~ . . Re: Marilynwood 2nd Addition Final Plat 6 July 1989 7. The above-referenced items must be resolved within 30 days of the Council's approval. Once the resolution approving the request has been released. the applicant must record it within 30 days. BJN:ph cc: Larry Whittaker Jim Norton Glenn Froberg Gerald Kelsch Larry Hanson . - 2 - I ~ ,. I I l.lJ': i :C.: c::( I _..J I I I ~o I <::( ~ E.'~ t. ",:.~ a:: I: ( ~g .0 A ~~ '---- !Q J "'.' ~~ i:", (~ F~ f ,I....!.J <) ~', .- " [.I- (;'::: f " f (..!..J . r'" ':l o .0 o c.J o o ~ '-. r , , .." ) -- MARILYNWt>OD ~,? :;.? N line of Lo/ 6. Brock I, .J Mori/ynwood / -; Oroinage and 1 Ufifil.::J E"asemenf / 'F N89040 '00" E: ....397.00..... ,.' \ r,"i '....... ,'. 0 ~ ~\--:n ---------::'j--=-----j ~~~ / \. ,.., I 'bo~~ I / >~3.85 C. I I flO., ; -.-L ..... S/9040'00"", J I o it ...... vv 10 101 o\.- -L ....... ........ -.:'::::' I I .' ," ~>'" .... ' I '-. l~: '" '. .....;,;-- 42.8/ N Ii............. S8'}040'00"W I ~ I ( 10 2 I 0 o"y.I . 10 I '2.0.0 oAO'O I~ ....' '56"l -' I(\J I .....:... 60, -..... I ....<...:.... ___L-"~&"1 S.~9'\ I I .... ..' /' C . \ \ 00 00 _..- I .L..... .....<....:/:...::~:.:.:.:::..:/ l>i.. So. \ I .. -~~~ L....I' ....... 1 :~..:......-_~I ~....I; E ....;;... (~.. I ...... :~""'oo __ .3~9 1 ..s;'o . ~_ ..... '" .6/.... ---l 0:0 WOo 0\ -~ N84047'Ot.,W Q ..-..... OIU)<(ZOO<l'.lXl.O / 0 . I; 0:: <( Q) C\l\\D. ~ 0 ~.;;?'- - - -=- ,-....: I 0-1'; -Oll)l(). c.J" w..J .. ...., 0 0 0'0- 'O..(t)r--II) 0'0> -.J ',.... '. I ~ I . - O~ foj(J::-Q: 'yo :~ 0:: ". ,,\J (.. I ,: 1.',0; " C.i 'y' ~ 1 .... 'OA " lJ ill \0 '1+''"'7./ i" " 2 c E I '. ". ....." <" " 0 ~ I \.., ("l" '- ...., '\l" ~ '- " 4J<E I . '. \ ~,'~ "tY ~ " " () 01 I ".' <5' 00'0 ~ " " 0 .,... I .\ C? <5' ~ "" C..:.. I 110 --r.-~o Oo.!)' "--v~ ..h . 0':-:: 1(11 I cP. .".> '-(0 '-'0-- L.... . I ~ooo -:. -(9;. .~'---.. Q:;) I~ I '00 -<~"" () ./~:::I.(IJ I 0.,. " "~ ..' .' - i 01 ~ (.. "...../,0 ",,/ oo~ I o ('\(5'/9 "" .' 00(\1 8,1 3 ~ ~::-;~<9<99 ", '<". ..' / ~ G ~ I ...., Q" "" II II II I I r , >'02 v." " -J U <J I I '-J / ., ,," .' "--:-- '....... I"" .... ...., J I 0 ....\ " " ... .... 10 .... " ..,.. ~ -0- '. I'~ . , ~. " - I ' () '. ......j 'f;- Q 89'1" /2.=3164.05" I ,.......J:\ "y' /"'i"\ I \ :-:.. r..= 12 to = 2020' 0<:1" '-4J I \0.... C=128.'18 o2!:i40"W I '..I I _ _ ~ CHD.aP-Q. S8/ . I '--- L !2 ....... __.. .., 1.= 101.28 ..' c=/S8.0Z.... CdO..21 ..... ..' 1.=/68.03 P. 851'3 37 'I'" 6=/00"48" =, 6=/055 /2.=319<:1.05 ,...... ........... 3,s.0 ........:0:- S7020 RAO 4',S"co. fAt <;:. ......1 '1 2N ,." -'i- .". -C r-- ~; ~ i-. , '- .." \ \ ^! :". '.,/ I I \, :.-, \,'.; /._\ , t'-; i '..J I , · . !\ I..... a~h'\Q',-t A r' N"L. :P~-r _.~ L:_ --.,. Co._ ...... ~.~ )--. ,...- GO -..,. ,,- ~ :) () SCALE . "\ ~ .... '.'-" 0 Oenore Co.. (L The nor fh 'I' Morilynw L..j beor'-ng c -:7 :tu ~..- I.f): -.., ~O .c:.. I, I (DO L:.4 cr. :r.:: ~o C\l 0 0 (/) ..J , , _:..;.. Q~ <.:f D._ ~"7 ':-:.. L'.J ....... L..J -..,;, .:-.'.- , _.., ---- :-- -? I '" his proposed driveway alignment for lot 1 which is shown on the plan. lots 2 and 3 show probable house pad locations within the setback limits and driveway grades under eight percent. An additional 15 feet of bituminous will be added to the existing cul-de-sac. Please review this plan for approval. If you have any questions and/or comments, please feel free to call. TMl/cj encl. Very truly yours, SCHOEll & MADSON, INC. ~ flJf~ Todd Mclouth, E.I.T. cc: Mr. Brad Nielsen, City of Shorewood Mr. Dale Johansen, Owner Mr. Ken Hage, K & H Development Co. U~;'o ~,. ~ ~DtN~ *pp,A.'~ts AFFIRMATIVE ACTION · EQUAL OPPORTUNITY EMPLOYER -r~O?~\....; ~, .... -- ',-- t . . RESOLUTION NO. 51-89 A RESOLUTION APPROVING THE FINAL PLAT OF MARILYNWOOD 2ND ADDITION WHEREAS, the final plat of MARILYNWOOD 2ND ADDITION has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: 1. That the final plat of MARILYNWOOD 2ND ADDITION is hereby approved. 2. T hat the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement for MARILYNWOOD 2ND ADDITION, attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. T hat this Resolution and the final plat shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of July, 1989. Jan Haugen, Mayor ATTEST: . Sandra L. Kennelly, City Clerk Roll Call Votes: A yes - Nays - . Orr Schelen Mayeron& Associates. Inc. . 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners July 6, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen City Planner RE: Marilynwood 2nd Addition OSM Comm No. 4429.00 Dear Brad: We have reviewed the Driveway and Grading Plan for the plat of Marilynwood 2nd Addition. Our review comments will address the fo 11 owi ng items: 1. Sanitary Sewer 2. Water 3. Storm Sewer 4. Grading & Drainage 5. Street 1. Sanitary Sewer There is an exi st i ng 9" sewer 1 i ne in Ri vi era Lane exi st i ng sewer services off this line provide service to lots 1 and 2. Service to lot 3 can be supplied by a connection to M.H. 38-17. 2. Water City water is not available to this site. Individual wells will need to be drilled to provide water service. 3. Storm Sewer An 18" storm sewer 1 ine is shown in the Shorewood Comprehensive Storm Water Study to pick up the drainage on Riviera Lane. While this plat does not necessarily require the installation of that line this plat represents the comp 1 et i on of current development adj acent to Ri vi era Lane. The work proposed by this plat may proceed without the line but at some time the storm sewer 1 i ne shoul d be i nsta 11 ed. The 1 i ne will provide drainage for Riviera Lane and rel ief for the wetlands area on the north end of this plat. . 4. Gradinq & Drainaqe We have revi ewed the proposed fi 11 i ng of the low areas on lot 1. Generally the filling will eliminate the potential for a standing water low area on the south side of lot 1. This should help the drainage in Equal Opportunity Employer . . Mr. Brad Nielsen July 6,1989 Page 2 this area and provide aesthetic relief as well. While the ponding area on the north side of lot 1 is part of a designated wetlands the area proposed for fill i ng appears to be outs i de of the des i gnate wetland area. Care must be taken duri ng any excavation and fi 11 i ng to protect the sanitary sewer servi ce servi ng the house on lot 1. The sewer servi ce appears to be south of the 12" culvert that's intended to be removed and relocated. 5. Street A new bitumi nous patch is proposed for the east side of the exi st i ng turn-around on the end of Riviera Lane. With this additional blacktop the surface wi 11 take on more of an appearance of a cul-de-sac. Thi s will provide adequate turning radii for maintenance and emergency vehicles. Prior to the installation of this blacktop the owner/developer should look at the possibility of installing the sewer service for lot 3. This will eliminate the need to cut into newly placed blacktop. From an engineering standpoint this plat appears acceptable. If you have any questions, please contact me. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ P7/~ James P. Norton, P.E. City Engineer JPN/cmw 07/89-01 cc: Mr. Ken Adolf, Schoell & Madson, Inc. Mr. Phil Tipka, Resident Inspector Fi 1 e . . '0-.' )5., M" ........ ~elen " '. ... L Mayeron& . Associates, Inc. . 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners July 6, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen City Planner RE: Sweetwater at Near Mountain 4th Addition City of Shorewood OSM Comm. No. 1744.23 Dear Brad: We have reviewed the final plat, grading and engineering plans and specifications for Sweetwater at Near Mountain 4th Addition. They appear adequate and no changes are suggested as this is the final stage of the Sweetwater Plat. However, a Traffic Control Plan identifying traffic control signs is required for this plat and all of the Near Mountain Development. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. J~ -P 'l~ James P. Norton, P.E. City Engineer JPN/cmw 07/89-01 cc: Mr. Michael Pflawn, Lundgren Bros. Mr. Phil Tipka, Resident Inspector FiJe . Equal Opportunity Employer 1 . . . RESOLUTION NO '5S-89 A RESOLUTION APPROVING THE FINAL PLAT OF SWEETWATER AT NEAR MOUNTAIN 4TH ADDITION IN THE CITY OF SHOREWOOD WHEREAS, the final plat of SWEETWATER AT NEAR MOUNTAIN 4TH ADDITION has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: 1. That the final plat of SWEET~TATER AT NEAR lvIOUNTAIN 4TH ADDITION is hereby approved. 2. T hat the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement for Sweetwater at Near Mountain 4th Addition, attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That this Resolution and the final plat shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FUR T HER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of July, 1989. Jan Haugen, Mayor . ATTEST: Sandra L. Kennelly, City Clerk Roll Call Votes: A yes - Nays - . . . CITY OF SHOREWOOD DEVELOPMENT AGREEMENT SliEETWATER AT NEAR MOUNTAIN 4TH ADDITION THIS AGREE}~NT, made this _____ day of , 1989, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City" and LUNDGREN BROS. CONSTRUCTION INC., hereinafter referred to as the "Developer". WHEREAS, Developer has previously entered into a Development Agreement with the City dated April 28, 1986, for the development known as Near Mountain; and ~ffiEREAS, Developer has previously filed with the City the plat of Sweetwater at Near Mountain 3rd Addition for said development; and WHEREAS, Developer now desires to file the plat of Sweetwater at Near Mountain 4th Addition, which is a replat of the lot orignally platted as Outlot B, Sweetwater at Near Mountain 3rd Addition, and which replat is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, in consideration of the foregoing premises and . acceptance by the City of the final plat of Sweetwater at Near Mountain 4th Addition, the City and Developer agree as follows: 1. The Developer shall submit an Agreement Providing Alternative Security for Subdivision Improvements for the property platted as Sweetwater at Near Mountain 4th Addition, for review and approval by the City prior to recording of the plat. 2. Developer shall provide a copy of its proposed Declaration of Covenants, Conditions, Restrictions, and Reservations, for Sweetwater at Near Mountain 4th Addition, for review and approval by the City prior to recording of the plat. Said Declaration shall be recorded contemporaneously with the plat and proof of filing thereof furnished to the City. 3. Developer shall convey Outlot A of the said plat to the City by Warranty Deed, to be held as designated wetland conservation area. 4. Developer acknowledges that as a newly platted development, additional sums will be assessed against the property as ~qualization charges pursuant to Shorewood City Code. . .~ . . Developer and the City agree that all such charges are to be added to the balance remaining on the original assessments and spread over the subject property. Installments shall be paid annually for the remainder of the term of the original assessments, together with interest on the balance remaining, at the rate of six and one-half percent (6.5%) per annum. A schedule of such charges is set forth in Exhibit B, attached hereto and made a part hereof. 5. All other applicable provisions of the Near Mountain Development Agreement executed by the parties on April 28, 1986, are hereby made a part of this Agreement and are fully incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. LUNDGREN BROS. CONSTRUCTION INC. CITY OF SHOREWOOD By: By: Its: Its: Mavor ATTEST: City Clerk . . . . STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this ____ day of , 1989, before me, a Notary Public within and for said County, personally appeared Jan Haugen and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Jan Haugen and Sandra L. Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this ___ day of , 1989, before me, within and for said County personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Public . _---- l, ,- . . June 29, 1989 Mayor Jan Haugen Shorewood City Council: Ms. Barb Brancel Mr. Robert Gagne Ms. Kristi Stover Mr. Vern Watton 5755 Country Club Road Shorewood, MN 55331 Re: Highway 7 Corridor Dear Mayor Haugen: The Waterford Homeowners' Association Board has become aware of the Council action taken at a June 5, 1989, workshop regarding a proposed interchange at Highway 7 and Old Market Road. We have reviewed the minutes from that meeting and have several comments which we respectfully submit for the Council's and City Attorney's consideration. We also request 10 minutes at the July 10 Council meeting to share our concerns. An implication in the minutes and testimony during your workshop indicates that all residents of the Waterford neighborhood were made aware of the Old Market Road and Highway 7 interchange through the printing of 25,000 sales brochures. Actually, a variety of different maps were published by the developer. However, out of all of the maps we could locate, only one shows any opening at Highway 7 and Old Market Road (see attached maps). Our Association Board was under the impression that the Council would provide us with advance notices of agendas which include consideration of this proposed interchange. Although representatives of the developer were notified and present at the Council workshop, our Association received no advance notification of this agenda item. Therefore, we are requesting that agendas for any Council meeting, workshop, or other forum be provided with reasonable prior notice to all Waterford residents. Attached is a list of homeowners in the Association and their addresses. Due to the sensitivity of this issue to the Southeast Shorewood community. we sug~est that the Council give further consideration to the Shore wood residents and alternatIves at Old Market Road and Hi~hway 7 before calling a public hearing on this matter. We would be pleased to meet WIth you individually at a neighborhood meeting, or in any other manner you believe is appropriate prior to that public hearing. ReSf<~ <. /J - 4 wa~e~ation FL ~;fft~ RRS/ jmj cc: Brad Nielsen, City Planner Waterford Homeowner Association Members Covington Vine Ridge Homeowners' Association Glen Froberg, City Attorney . g . . I~v\c.', '-T!'ls \e~..ie:>l:~\~-.-. -th'l- . bi.C(\\V.'~ \ l \ \" I - J . - \, 'li,. t.. W\iC\ Vv"''1 tY:\I.,e~. ~C-,'~ \fi".' f 'l\(k'.~ 0 f," .Ci . I 'i ~k. I we ;-{~\-'r Q1~(" h(i"'E'_~ \}J-<\~ h~,~ D~\ -t~ --- Your move to the country and the lakes! -' . . THERE l\1AY NEVER BE ANOTHER WEST SUBURBAN NEIGHBORHOOD LIKE WATERFORD. Here is a gorgeous natural setting far superior to the ordinary residential neighborhood. Waterford appears to be a world removed from the intrusions of modern life. Yet it is only minutes away from top quality schools, fine shopping centers and major highways. Waterford is the latest in a long tradition of distinguished neighborhoods in the Minnetonka Lakes Area. Careful attention to detail in land planning and design has been applied to retaining the natural features of the site. The result is a landscape of wooded hillsides, ponds, winding roads and cui de sac drives with long views of the surrounding countryside. A BEAUTIFUL SETIING FOR ALL SEASONS Nowhere is the magnificence of Western Hennepin County more apparent than at Waterford. The wooded hills fall away to open vistas of ponds and marsh. Ravines snake their way through wooded hills. A sense of quiet solitude prevails. There is an internal open space system which permits you to hike and ski through the neighborhood without interfering with - private yards. This trail system has been designed to link up with other public trails in the area, providing extensive opportunities for enjoying the outdoors away from roads. A proposed neighborhood park will provide four season recreation for every member of your family. l\1AGNIFICENT HOMES FOR YOUR NEW UFESTYLE AND INVESTMENT SECURIlY When you have reached that moment in life which enables you to select a home befitting your lifestyle and tastes, you deserve nothing less than Waterford. Like fine crystal, each home at Waterford will be a "signed original" from a select group of custom homebuilders. The builders were selected for the quality of their design and finishing; for their financial integrity; and for their long- established track record of building in such prestigeous suburbs as Edina, West Bloomington, Minnetonka and the Lake Minnetonka Area. To assure you that these high standards will prevail into the future at Waterford, architectural controls have been established and will be strictly enforced so that the quality of your investment remains secure. A copy of the protective covenants detailing these controls is available from each builder. . --r cp "-- ~t, J . The homesites at Waterford range in size from one-half acre to over one acre in size. You have your choice of heavily-wooded sites. . . open sites with outstanding views. . . or tucked- away ones where privacy and seclusion are complete. The homesites at Waterford offer total design flexibility for your new home. They are large enough to accommodate a three car garage, a swimming pool and in some cases even a tennis court. This is another reason why Waterford is so special. Your options are unlimited. Let your lifestyle be your guide. A WORD ABOUT TRIVESCO Trivesco is a partnership consisting of three home- builders who between them have more than a hundred years of land development and building experience with upper- bracket neighborhoods and homes. The choice of land and design for this new neighborhood has been influenced by their vast experience in what upper bracket homebuyers are looking for in terms of neighborhood and location. Trivesco is a partnership consisting of Mark Z. JoneslHighland Properties, Steiner & Koppelman and Robert H. Mason Homes. Because of their reputations and their desire to create a new masterpiece, they have spared no expense in putting the finishing touches on Mother Nature's handiwork at Waterford. G ii,,') rs ti,<- '" .,Ii. i ~ low l-oVl -+('i2 r ~ we u \~ b.€.- 50VV1f- CVf\,\q\,\ 4 ~r,\h\#"'-r ( 7-+ dOb v\c{ "'fl"'M '!o ----b~ "p I \ VI kOfSfC~C" ('i "'"Y j, _ .a-I. WATERFORD . . -- :'ged... weekend excursions by streetear and ferryboat brought thousands of Minneapolitans out to Excelsior and then ! to the island resorts on The Lake. Founded in 1853 by hearty New Englanders, Excelsior became the most prosperous community on Lake Minnetonka by the 1880s. Great hotels once lined its avenues. Today, the quaint restored downtown shopping district is noted for its specialty shops, antique stores and restaurants. Glistening Lake Minnetonka with over one hundred miles of shoreline provides sailors, boaters and fishermen with a summer-long idyll of sun and surf. For the more adventurous, there is windsurfing and water skiing in the warm season and iceboating and snowmobiling in the winter. Approximately 10 minutes to the west, Lake Minnewashta and its major regional A LaC "'TION OF park reserve provide additional i"\. opportunities for outdoor recreation. IN CO MP ARABLE The Ridgedale Regional Shopping Mall PRESTIGE AND is 15 minutes away. For your day to day needs, the 7 Hi Center and two new CONVENIE CE additions, the Cub Food Store and N The Westwind Plaza are within 5 minutes' West Suburban Area of Minneapolis with drive of Waterford. For commuters. Lake Minnetonka as its focal point downtown Minneapolis is only 25 minutes continues to enjoy the best of ail worlds for away while major suburban- employment its residents. The City of Shorewood enjoys centers are within 15 minutes driving time. a well-deserved reputation for its The Twin Cities International Airport is executive-class homes and neighborhoods approximately 25 minutes from your and location on Lake Minnetonka. The doorstep. Christmas Lake Area is among its most Waterford enjoys every loeational picturesque neighborhoods. The Christmas advantage you would ever want in a new Lake Area is home to many of the State of neighborhood for you and your family. Minnesota's most prominent people in business and public life. The City of Excelsior which lies within 5 minutes' drive of Waterford enjoys a unique history in the recreational and cultural life of Minnesota going back to the turn of the century when steamboats criss- /:'. 11 r I I crossed ~e ~ingeto~a. Summer t k 2 nap \1ceso't s"cw Old. ,~'h~o"d ('o~""cH~ 1ft:) hw~y 1 .a.&. WATERFORD . Your move to the country and the lakes! By Trivesco Brochure design and production by Conhaim AssocialeslLS Graphic Design. ~t~~~. " ~,. . ~ :1,~ .~>.. ~ ~\ ~~ ~ ~ ~ ~ ~ ~-.~ . ... ~. ,,~ ~ 1, ~ \ ~. ~ " ~.' ~' ~ ~ ~ \ ~ ~ ~ \ \~..; f\. ~ ~ ~ 1..~ ~ ~ ~ ~. ~ ~" ~l. ~ ~ .~t.\~~~ \ t-\~ ~ \ ~ ~ } \~ ~ ~ . ':. . ~ , ",t.. ....~ ~ ~(t I ~ (~~.f~~:'l" .,. ~ \ ~ ) l'~, ) ~ ~ ',t ,) .~~~~~~i. ,:~r ~ ~~\ ~ ~.'..\ .\. ~..'. ~.~ ) ,~l "'~;~t. 'II ~I ~\\\\f'l,'\"1 \ T 7' T ~ i ,\ Q. ., . · ~ ~ ~ ' (.. I, , \~ ~ ) ,', I ~I' r1i ~.Ol' ,. .~I ~ ~ ~I~ .' ."1 I \"" ,~ ""';:'i~~~t'.,1'.' I~~. '1'.1.~"'''''' "/ .*'. .T..... T ~ ) ,'t, )\ .".) ~\\'. ' ,., ~ :ti ~, c".., , , ): . I ~ ~ ,'. · / '. ';'~~ . ~., 1", ~ ) It.) _ ) ~ ~ . ~I ~. ...,'. \. 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'.~ ~.'; ~ ~ ~ -- . ~ ~ ~ ~ S ~ ~ ~ ~ ~ -;. ~ ~ ~ ~ ~ ~ ~' . ~ ~ ~:..-:~~ .~~~~~~~-:.~,;~~~-;.-;:~ --- ...---- - // . \ l'~~ . /// \\"'>(\~) ). ;/ '- r~~v', . . ".., " ;.-:.'1 , >;.....:.. ~. '-.. " ~' . ';l!~'~~~ ,,,,.'. --. "I .1....,,, :,,- \'~,' " , ~ .r' it, i.I' n 11 ~ , \ ~i{~;:~~\ i ~Il "1': Ii J. / ," .-;/- - /....~ ~ - ",.:,!, \:~~;. ~ >;~~. ... .. , J" 1- r 1~ H i: =' ;,:. ~. - ~ -. , . -.'.~~.\' ~!~~; -- 64!sPRING NEW HOME PREVIEW ~~ Lundgren Bros. Const., Inc. McKinley Place at Near Mountain 1t685 Near Mountain Blvd. . 474-3280 This 3-BR, 2.story traditional floor plan features a formal LR and DR, angle first-floor fam rm w/fplc, first-floor laundry and spacious gourmet kitchen wleat.in dinette and breakfast bar. The secondary BRs are large, plus a huge master suite with walk-in closet and dramatic whirlpool spa bath. Model as shown $146,500 Others from $115,000 Lundgren Bros. Const., Inc. McKinley Place at Near Mountain 6180 McKinley Circle . 474.3280 Elegant 4-BR 2-story with dramatic 2-story entry accented by formal staircase. Vaulted LR and DR. First-floor lam rm is huge, and opens at an angle to the gourmet kitchen with center island. The upstairs secondary BRs are spacious. Master suite features Ig walk-in closet, bay windOw and dramatic spa bath. Model as shown $199,900 Others from $120,000 Rottlund Homes Covington Vine Ridge 19230 Covington Court. 474.1585 A new and wonderful 2-story designs wltraditional features presented in a marvelous new way. Gracious reception area; formal & informal living spaces; heater kitchen, bay windows & nooks; 4 bedrooms, including an owners' retreat that will take your breath away. Prestigious Shorewood. Choose from many new plans. Model as shown $169,400 Others from $87,900 L Cramer Co., Inc. Waterford 19805 Waterforcl Place . 935-8482 This extraordinary 2-story home in Waterford adds drama and openness to traditional living. Four-season garden rm and family rm share a double-view fplc. The high ceilings, 8' doors, special mouldings, exquisite master suite, and curved staircase enrich the elegance of this spectacular home. / Model as shown $529,000 Ot~ Steiner &: Koppelman, Inc. Waterford 19 . Exquisite Tudor home has 3,016 sq.ft. on 2 floors, with 3-car oversized garge, 3-season porch, and deck onV2-acre site. Large fam rm wffplc has adjoining -4 den. Master suite has fplc, double walk-in closets, vaulted ceiling, whirlpool and shower. Custom-crafted with great care. Model as shown $372,900 Others from $250,000 Shorewood ... ~.. . ShorewooCl HWV 12 Shorewood . N HWV 7 Ul o a: -' .... i COVINGTON ~ cr :; ii > ~ >: . ! . COVINGTON RD Shorewood HWY 7 jO.TERFOR . PC . ! o a: .... .... i ... z ;; ii > ~ >: . N Shorewood ii .. : ~ >: . . , ~4 ~ ..~~~~ . -._~'"\.,,-~i:-?:k~ ., :"- -, ~ Bruce Bren Homes, Inc; Waterford Clrcl This home has been designed to take full advantage of its prime, wooded Waterford site. A 2-story '""':;) contemporary featuring 1st-floor owners' suite -7 wk3ffice, country kitchen, fam rm & dinette combination. Dramatic use of windows create light. filled spaces. Built in the Bruce Bren tradition of craftsmanship. Mode' .. shown $550,000 Robert H. Mason Homes Waterford 9490 Muirfleld Circle . 93 Old English charm! Stone, brick and stucco outside; open, airy and bright inside. First-floor ceiling is 9' ~ high, wfsoaring vaults in living and family rooms. ---7 Cove mouldings capture the Old English spirit, and huge windows afford wonderful views. Three-season porch. spectacular master suite, gourmet kitchen. Model u shown $465,000 Others from $250,000 McNulty Construction Co. Amesbury West 4639 Bayswater Rd. . 474-5231 Luxury town home in small development hidden among oaks and maples. South.facing town home overlooks wildlife pond & trees. lWo-story entry, dramatic vault in 1st-fir library, Ig LR & DR, gourmet kit. wlsunspace; 1st-fir laundry, dbl attached garage, loads of storage. The ultimate in townhome living. Mode' as shown $246.000 Others from $174,000 McNulty Construction Co. Amesbury North 4665 Old Kent Rd. . 474-5231 English Tudor home on beautifully landscaped one- acre lot - room for pool or temis court. Elegant formal LR & DR, sunny fam rm wlbrick !pIc. Real leaded glass windows. energy-efficient pulse furnace & low.E windows. Gracious entry w/curved stair. Fabulous master suite w/luxury bath. Model .. shown $428,000 Others from $300,000 ~ Country View Builders, Inc. .!,,~..,.. 'llff!" Jennings Cove · 1\ ~ 1040 West Cove Lane . 420-2710 Beautiful 3-BR, walk-out two-story. Brick & redwood exterior, 2-story.high entry, vaulted master bath, vaulted living room, balcony off master bedroom over- looking living room; wpl tub, 3-season porch, deck and many more features. "'~ ~l\, ~~, Model as shown $309,900 Others from 5200,000 ~W" 1 ~ ;; Iii > ~ :t 0 c: ;: .. z ;; HW't' Deephaven ......' 7 Minnetrista & N . HW'r '2 .. ~o ,,0 co I=I:C ~5' '3~ . SPRL'\;G NE'X' HO~lE PRE\'lE\'d65 ,/ /i -. ,...;;;:.- Robert H. Mason Ho Waterford 19765 Muirfield Circle . 935.3486 Carefully nestled into the mature trees of the last edition of Waterford, this uniquely-geometric contem- porary home demonstrates the quality features you expect in a Mason home. Spectacular main.floor master suite, thoughtfully-designed family area, dynamic formal areas. . .and much, much more. " Model.. shown $689,000 Others from $250,000 Model as shown $545,000 The Rottlund Co., Inc. Covington Vine Ridge 19230 Covington Court. 474-1585 A new & wonderful 2.story wllraditional features pre- sented in a marvelous new way. Gracious reception area, formal & informal living spaces, theater kitchen, bay windows & nooks, 4 BRs including an owners' retreat that will take your breath away. Prestigious Shorewood. Choose from many new plans. Model as shown $169,400 Lundgren Bros. Construction, Inc. Sweetwater 19700 Sweetwater Curve. 474.7941 This 4-BR, 21/2.bath brick & stucco Tudor is angled on its acre + lakeshore 101. Two-story skylighted foyer has dramatic open staircase. Main.level has 9' ceil. Ings, angled sunken fam rm wlsun space, fplc, & built.ins. Kil. w/center.island & walk-in pantry, 3-car garage, decks, & 3-season room. .." Model as shown $375,000 ..., Others from $200,000 --"~ : L. Cramer Co., Inc. Sweetwater ~ 19680 Sweetwater Curve . 935-8482 An exciting home, with two-story living & dining room punctuated by large cathedral windows. Vaulted fam ~ rm. dramatic 3-season porch, master suite wlluxurious bath on mil in level. Three upstairs BRs wlroof windows are reminiscent of a Parisian artist's loft. Five BRs, 4 baths, over 4200 finished sq.ft. Model as shown $365,000 . Others from $250,000 .' 0 J.), .: I've- '\ t-fWY 5 Shorewoo HWV7 ! o Shorewood 2 ' HW'( 7 ~ '" ~ , ! N 1 ~ l i , ',. -:.__~~-= __ ' . . . . o~--,.:.. "_.-:- '. . /~~._ . N e > ~ :I: HW'fS Shorewood HWV '2 e ~ :I: TOWN LINE RD Shorewood .- PARADE OF HOMES 87 $ Wlndfleld Homes . French Creek 2235 French Creek Circle . 546-3600 Innovative Contemporary, in beautiful French Creek, features balcony overlooking central LR, with fire- place framed by 2 stories of glass. Spacious master suite, gourmet kitchen, study with wet bar, family room, and guest quarters are among amenities for the discriminating buyer. Model as shown $425,000 Others from $100,000 McNulty Construction Co. Amesbury North 4665 Old Kent Rd. . 474-5231 ThiS old-world English Tudor home on 1-acre lot has formal living & dining room, Ig family room - brick fireplace, wet bar. & entertainment center. Dramatic 2-story entry w/curved stair. Gourmet kitchen w/island cook-center. First.floor laundry. Four BRs & stylish master bath. Model as shown $428,000 Others from $300,000 McNulty Construction Co. l-' : . ~. . M'r;;kf. Amesbury West ~.? ':. VV 0 ~t 4635 Bayswater Rd. . 474-5231 (l ~ ~~ Charming Saltbox town home overlooking wildlife c:vV\t'" \ \\ pond & trees. Fresh, open floor plan features sun. o \\ space bkfst area. 2.story entry. deck. private patio, , 2-car attached garage, & 1st.floor laundry. Amesbury \ West is the ultimate in eleganttownhome living. Model as shown $219,000 Others from $164,000 David Haskins Associates Ridgeview Heights 5470 Carrie Lane . 825-0625 Two-story country French walk-out situated on south. facing. wooded 101. Winter view of Christmas Lake. 4.500 square feet of modern-day home built in the old.world style. Lots of extras. If you like woodwork, you will like this home. Model as shown $435,000 Others from $200,000 Steiner & Koppelman, Inc. Wlterford 19795 Mulrfleld Circle . 473-5435 'Country European' describes this lovely home nestled on a heavily.wooded 101. This is a .traditional "). . yet open home, with 9' ceilings except for the --" octagonal fam rm and MBR (12'). Special features abound thru-out this unique horne, continuing our 'tradition of excellence.' Model as shown $550,000 Others from $250,000 Orono Deephaven Shorewood HW'" 7 Shorewood .....'NEl-lltl. AD 'T1\f'J'(1 FRON'tp..GE 1='0 Q a: ~ ~ ~ Z COVINGTON AD :; A N Shorewood HW"/7 . '1 , N -...~ .. ~ '.'- _ .if::' )~~ ...'1' :.: - ~>' ; :;.:' ,''< ' - - ," ._--~~ /' ......._~.. \ ~~---~.. "f1 . ~.. Thil powerful home of briCk, cedar.lIIId stucco is . nesIIed in the woods at W8Ierfon:I. Dramatic for · ,entertaining. perfect for family living. Nine-foat lirst.lIooF-77 ceilings and soaring Y8uI\I in the tam rm and LR are aJV' I Q 8CC8Iltuated by triangular-tranaom glasa. The unique ~ skylight shelf, 3-se8son porch, gourmet cemer-illand i kitchen and master su""l in the Mason Homes' ~ tradition. . ~ Model .. shown $579,000 0tMrs from S25O,OOO ~ '~ , h ~ .~"~,.~~" ~-~ -~ ..' ...:.._....~ -- ~~ .."... ...........~.,._..-'.~-7 .-"", . -~~.: ~;.::~.-~~.... \ . - ~.' . ." ",. .....:;;:: . The inviting warmlh of this eIegInt. counlry.french home is enhanced by the Waterfon:lIoc8tion. WIth more than 4,730 eq. ft, the lr8dition of -=eI<<lce is present from the gracious curwd stailC8le through the .. BAs. 5 baths, 3 fplcs and ample living areas. Model a. shown S820,poo Others from $250,000 f................ 1:1.& 1IIIC. Sweetw8ter at Near llountIIn 19745 Sweetwater CuM .474-7141 Dramatic twt>-slory boaStS a rnuI8r suite on the main tloor, 2 BAs. loft upstairs and 21k baths. Vaulted ceilings throughout entry, LA and tam rm. A dramatic bridge overlooks lam rm from loft. The spacious kitchen features a center-island and IoIs of sIDr8ge. Master suite has all the amenities including a walk-in closet and wpllspa. Model.. shown $325,000 Others from S225,ooo An impressive brick and stucco Tudor home is sitUII8d on a stunning lake setting. This luxury home features a main-floor library. informal tam rm WIpIc. gourmet kilChen w/center-island coolclop, peaceful3-seaaon porch and deck to enjoy the lake views and an elegant master retreat wb:lagon sitting al88. . Model .. shown $399,000 Others from 1225,000 L Cramer Co-lne. ~ Sweetwater at Near llountIIn . 19670 Sweetwater CuM . 935 ...12 This refreshing soft contemporary home unitel open living spaces with spedacular views at nature. The , European kitchenlfamily room flI8tuIes a glass enclosed dinelte and adjoining gaIden room. The main level masl8r suite offeIs a unique bath. Hun<<ada of exciting features in this 4,000+ sq. ft. home. Model .. shown sae,ooo Others from $275,000 ShorewOOt e .. ~ i :z: Q II: ... ... % OJ z > . . N Shorewooc . N HWY7 Shorewooc HW'f 7 e ~ :z: V1HE HIU . RD N HWYS Shorewooc HW'f 7 e COI/INGTON RD ., SWEETWATER CURve' VINE HI~ AD ~ % HWYS Shorewood HW'f 7 e ~ :z: . N! E2 10 ."~ 'Iffi ~ ~ . . O'o'Ol::lllIH 3NI^ (X)"OlZ 8 ... ... - on on - ~ ~ 00 ozz 8 0 8 ~ - ~ OO'ozz ~ 0 CO) 8 3 OO'ozz ~ ell ~ 8 ~ SO'ozz ~ C\I ... :!! 8 ~ l:Io'OOZ CD ~ 18'~l v <e: ~3 6 !- vi' ~-- Ai.... \~:;) ~ -- U :;; C--.....~ Y 'J ~ ,J\ v-,- 2 ';.~, .s' ~:l:' ~ -=l:..1 \'<' ,-,~ :{);-:;-'~ ~ 0 v c::c::: 0/ , ,-:::;::. -L- -.-:..=. ~ -..+: U- ;; V -!.- ~ 7~ u 0 c- .(\ ,..... 0 - ~ -':" '- ~ -:>-- '-1\ ~--- Q..,. d rJ 0 ;,; ~~ '-'--() i; 1'(' <II ---.-. \; ,('\ v .t' ~ ':I.' '- ,--+- ,-..:L '0 D --- .I) ilo<ll ~ ~ -=. e- --- = '" -c 0- .. '-' """. co: :: II: ~i:!l e '" ... ~~ c <... Q - '" z~ ti':: CU '-' <... -oS .Z c.:~ ~..;. ~- 8 ;. = ~ Q. ~!; ~~ ..,). . U ~ ,.. -< .. ~ ,.., ",II: ~ .a ~'5 ~ oJ Ltf:9Z "" CD.... ~ :: z... n 8 GIGI :; it;; C') ~ 'ica :0:'" ~:;. C:c: ;.. - u~ ~g ClIClI CU " - -:...., "in 'in 8t'08z GIGI = -::l "'cf oS,,; 8 "'tl .. ::: .: .- .. u J. E ele " .8.8 ~ !- ... ::1 06'ZOZ ee ..... ~ .. ::l::l ~ < ~II: LULU zz GI= 0:> ClIOl ::>0: .. e ....LU oS(/) <.CIJ z~ 8O'SOZ ZI't6l c.. 348 05 8 ell N CD CII :: H'SZt 8 ~ ~ <or i ~ OO'OH W ... 8..J51 ... 8 lD Ol ~ a? ! C') ~ on lD ~ .(3 ,.soo 9Z'ZH OO'OLI 8~8 8 ~ C\I 5! 5 II) on_~ ~u.._ O!rClZ 0: :: Zt96' lS'OLl 85 co :!! l'l :!! ..8 lD ~ ~ - lD .. '&~ ~ ! - ~ .,; ~ ~ ~ cr.: LC'OIZ Zt96l Ol'tel OOOH L90Cl ... N C') '" .- '" e l:l , ? . ,. Jim & Jacf!ue Beat 20295 manor RJ. Shorewood, minne30la 55331 June 30, 1989 Mr. 'Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood,MN 55331 Re: Right of Way-Gardendale Road Dear Mr. Nie'lsen: Because of the unfortunate actions of the City Council on June 26, 1989 we now must reschedule this matter for hearing pn J~ly 10, 1989. We are requesting that the City sanct~on our use of Garden- dale Road and allow free and unfettered use of our p~operty which is otherwise land-locked. lam making this request more as an accomodation than anything else, Gardendale Road has been estab- lished for the purposes for which we intend to use it and not as object t~ be debated, either by adjacent landowners, qr the Council itself, simply stated, it is ours to use for legal access the ~ame as any other similarly situated l~ndlocked property. The property we own to the W~st of the pond is currently for sal~. We have been unable to show th~ land because of the innumerable obstac les which have been placed across GardendaleRoad, our surveyor stakes have been torn out of the ground and your office has been called by some of the adjace~t landowners. I view this as an intolerable situation and will not continue to be subj~ct to the capricious actions of those who would attempt to obstruct access to our land. The recent action of the Mayor and Council is equally disturbing since they have placed their own judgements before those of our professiDnal staff and have ignored our laws in the process. < ---- Merril Lynch Realty, our realtor has stated on many prio~ occassions that they cannot market a property without the ability to have prospective purchasers view it. We cannot expect people to crawl through thickets of brush, crawl over woodpiles and junk and run the riskrif injury just to see a piece of prDperty. I will be clearing the Gardendale Road access to a degree sufficiertt to allow the realtor to driv~'through in order to show the property, over three acres. It should not be necessary to do any excavating at this point. There is a very large mass of debris that the adjacent landowners have piled on the GardendaleRoad access, much of it place~ there following the staking of the road by our surveyors, and presu~ably in an effort to thwart our efforts to sell the property. In addit~on, various shrubs and plants have suddenly sprouted up in the center of portions of Gard,endale Road. Please lotify the affected property owners that we will be clearing these areas to allow access. 10 \q:;;:?~.;~-;'::.:::;':;i.::;,~.:.,:-.,~:_:~:-,_. ~ . . ;Jim & Jacfjuo Boat 20295 manor RJ. Shorowoo~ minnoJola 55331 2. At the Council meeting of June 26, I was over 2,000 miles away and Jacque was helping to assist the Clair Towne family on the day that Clair Towne passed away. It is possible I may not-be able to be present on July 10th and Jacque is scheduled for surgery on that date. Mr. Robert Scntt of Merril Lynch~s agreed to be present and I think you will find him to be uniquely qualified to stand before you, he is abundantly credentialed and has many .years of ex~erience in real estate. ? I have for many, many years attempted to appease the adjoining landowners on both sides of the pond, we have cut their diseased trees, tilled their gardens, plowed their snow and whereever possible have. tried to be good neighbors. We have after all those 'years finally decided to sell our property and must as a consequence open it. to allow reasonable access to the public. This ~nclud~s those less fortunate who may be handicapped, those who are aged and frail, and those who are simply unwilling to risk injury to vie~ property. We therefore need the access cleared of obsciuctions~ including borush, tree.s, debris and shrubs. Our request is based not upon discretionary authority, but upon our lawful right to utilize a dedicated roadway whose sole purpose in being is to allow access to our property. Failure by our governing authority to grant this right will most certainly result ih very serious questions and lead to even more serious problems. A refusal at this point would be tantamount to a confiscatory taking of the pro'petty. Your maintenance supervisorr :Mr. Don Zdrazil is aware of my ability to clear land, I have helped this City remove diseased elm trees for many years, I have Qpened streets following severe wind storms and tornadoes an~ have helped plow streets, when bur crews were being taxed to the limi~ Mr. Zdrazil is equally aware of the fact that I have never made a request of our city without just cause. '< In order to be present on July 10th I will have to drive 2,200 miles in two days, Jacque will still be somewhat under the influence of anesthesia., If we are not present, this letter will serve to present our position together with the presence of Mr.. .Robert Scot.t. Sincerely, ( cc: Mr. Robert Scott .., . 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 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 JULY 1989 RE: AMESBURY - DESIGNATED WETLANDS FILE NO.: 405 (General) At the last meeting a question was raised as to whether the wetland proposed to be augmented by the Amesbury Homeowner's Association was. in fact. a "designated wetland". The wetland systems located in Amesbury are shown on the attached exhibit. Both the pond which they propose to pump into and the one into which it drains are designated wetlands. protected under the requirements of Chapt~r 1102 of the City Code. As questions like this arise in the future. it would be extremely helpful if the Council would call staff prior to meetings. BJN : ph cc: Larry Whittaker Jim Norton Glenn Froberg A Residential Community on Lake Minnetonka's South Shore 1.:2C!-( 1~-~::<g/;~.'( Vi ~/I(~='~~"'-'" . .~.~80 ~~"~" l~~ ~~ ~i- ~'!:t~..~cl.~~;'Q~)~~7>\ , I \ I ~ I :': ~ ) ~ 0 "% ~ a I~ ~ '\~ i'~ 3L. c .~ ~ L l i\j '--]I ~ (( -, \ /1 l. ;~~ : ,,-, ~<.\ ~=-== )~~\ . . '. -j,.' ~~ j\~~~ ~Ol / . 1w / /, Jl c:ro,~ . ,~,'-- l\_-~.~..:,,~' /: "-' ,\ ' 93 "11, -nl i~00~ ' ~~f r~A ~ b/.;, '. ,.......-...- "\\\' . U~l~---- ~\. ~ 1../ . ~ ...~ ~/~J I)J~~~ · ~:~( K\=~;:' ~.,.~ ( 1~{;I.q -~~~\~~{~i'"4fiJ}lo \~ ,;~ ~~~ ~~ .~~.~ /i}//j/" ~~ ~~ ~\-=:: ,tl~ ~ 31" -~ ::,..;.,~..;:::, Ift/flf i. \ ~~ . . I J d l1l,?lt'! ' , \~ ~-; ...::::;;-, WI [l~ ~~~~~.. ~\~~~:~J=.~I' i.\~~~ (~l~ ~ ;,\ . 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J ~ ; =:}~~\\ (/ /~ /' lo'~J / ~~; . ~ '~1~ij\\! ~~. ~~"; .) ~"='-- I . \$\,~~ ,/.' "-: I I ,/ /~I ~ '--'6l\ ) ,\,' ~ 1- \\. ~} ~~~ :l,~~ ~~A ;;::.;~o/( ~.' ..g.. . ' -i . :, I\~::::~;::~ " - <'~~"'~ -; -'~~ ;, ,/../~,/~ /j . ->> --;7'4~~~ ::An I ~~-<~tt~~ ''''''J''^~"''~c;Y't/ ~ ~~'-I~~~,(;,,\'>-~9f~i( /(/!cs.t-~~,~'~:'_-:"';;;~l ~;.-~..----r :rP~~=-~~~~"""""'~'~'\:)~':I.~ ~Wl - ~, ,'_~,~~ "l) \.:))) / _, _. ~ & _~ ,l .J,~~~ \ : / 'J.ir~ ~ .,~. (-,~~ _ // '- _'"' _ \\ $ ;....--~..: ~ '<il:.\"'- . ,- ,// '~/"'- . :'..~:':' ':-;~ ~,:;...-' '\ ,'/-), ~'/~:::::::::"'--'-''- :. .~~~ ~---:~ \\\"'.\ &~:- <(< /~ >~~~)~'fk'1f~.'t() .'~. '~),.-:?J'\'3X\';~~~~~7/~~~\'0( ~~ U~(t;\ ;:--~~~~-:ZJ/~LcC ~v/ )01 ~:j~. ....:;_.~~ ,J ;~i~I\\l~ \:t:0 ''", "'- 'f?~~~~ -:J'~ ~. ~_ ",__, . .~\\,::<':::' ./, .J O. _. ~/,//~,;/-:..::::.-_~/ \//. (. //(J.( 2 )"'1/;,.1,./ ~ ,- "f'\~!,(~\'),~ ' ~.~a ,~ n.. ' I/'/:'~'-:::-' ~ \( .lll' .';/11:'1 'I 1/ .! ~.......~ ""~ , ~~_::::::,~6"':::::: ' -, - ,,,. ...' '" .\..' . . , ... \ ' ~ .J!;, / t\~. C'f )))~ I (/1 I ~j j .\..: :::...--::::;:::.'-'" /' .., ~ ~ . -- "', //'./ " ( ~'r~m,' ~'-/t"'?!~~<-~~:'"'~;;( - (~\P ~~\~./. ..i~'7i;1/;;, ~:-~)' )~lC~) ~~~.~l~.J7f,~lt.~....~%/~'hr.;:,//'.;:~/{.~~"",\\\.,/"i I~~ S? V-Lrt \Q /'-~. /.' . .~:;_.. ., {::;::II (III)/. 'N' ' //.c; /0-;f;';/<;' \\" ,~". ,~ \ 0\ I~ t.:.) y 7j'{;0_~ \." I.J~lro,~JII!.~.>'/.'~..)~7~~~ jo, $~':. ~~~ ~ ~-~ -:---d 'I/' "/ //' I ~ ':'" ____. - ,,' ,,~~'.,~i/.r/":t; \~\~~t~::c.' (rrl.~~~ ~:.'" ,\., ;:--~-~-'. .""'....' ~.' .~.ql 'I) )..l"'- .~~' ~ I CJ -.....:~ ~'!7lf!/1/. II .. " ~_.. -'- ---. 8 "}, / V ' ........-1 ' /Y, .. ",) .")):==::-:.' ,:~,,~~,):j(( &;..'~)-! 1/.'. ,/1r.)" . oc-.:.:;::,.Jqt-f. '/:- J'. ,,--'~> , .. rf I \.... .hi: ~:J f~ . l'cz I 0 i(" \'/j'11 I HI,;; '/ I <f;> t" :-----.. ' ..' J.--'J W . ~~ . "'- . / ~~((:;f~};"1\"(~\~N~~~:~~))/~-:-.:-t::L~,'~~ / ~~~~ (/0 r'\ ~ "'-.Jf/!'~ : I~~J~~~ I (i\.~./' If%'-:~ j ..1 _ . --..., ~. ~ \\(---0..;1'\ \.J ~ ..; -- . . RESOLUTION NO. ~. S-)lq A RESOLUTION APPROVING APPRAISAL OF VALUE FOR CERTAIN EASEMENTS ON WEDGEWOOD DRIVE WHEREAS, by Resolution No. 108-88 passed by the Shorewood City Council on September 26, 1988, the City Council authorized the acquisition by eminent domain of certain easements for the widening and straightening of Wedgewood Drive, which easements are described in Exhibit A, attached hereto and made a part hereof; and WH ERE AS, pursuant to such authorization, the City retained the firm of Johnson and Liedl Appraisal to conduct an appraisal to determine the diminution in fair market value of the parcels of land affected by the taking of said easements; and WHEREAS, Johnson and Liedl conducted such an appraisal and set forth their opinion of value in their report dated April 9, 1989, which report is attached hereto and made a part hereof as Exhibit B. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City Council hereby approves the Appraisals of Value set forth in Exhibit B for the easements described in Exhibit A. 2. That the City shall pay to the owners of the parcels or deposit with the court an amount equal to the said approved appraisal of value. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 10th day of July, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Vote: A yes - Nays - . /;;?C-d . . PlUtCEJ.,lJP. 1. (JJ-117-2J-22-e0J0) ^ penllanent enS~II\Cl1t for rondwny and ullll ty purposes over. under. across the westerly 15.0U fet!t ufo thnt "art of lhe Northwest qunrler of the Northwest (luarler of Secl1ol1 33. lownshlp 117. Itnnyc 23. lIenl1epln County. Minnesota. described as cOlll11eflclny .at the florlhwest COt"lll~r of said Northwest Quarter of the Nortln'lest (lullrl.er; thence South 35 t"ods. thence East 30 rods. thence South 10 '"ods. thence North 64 deyn?r.s 30 1/2 mlllutes East '17'1.0 feet. thence South 1'1 de9n~es. 37 millutes [<lsl 2U.4 feet to pollll of begInning of land to ue dcsct"lued. thence South Gtl uCyt'ees 3U 1/2 minutes West 251.9 feet. lhence South 5 degt'ees ~6 minutes East JUl.] feet right of way of the Mlrllleapol15 and St. Louis Ualh'lay Company. lhence Not'lhet\slerly along saId right of way JJO feet. theflce tlfJrlh 14 (legt'ees 37 mlnllles West 19U.6 feel to poInt of beginning. whIch lies soulheaslerly of the f1ot"thweslerly IJU.UU feet thereof. .E'EE mINER. LWYU C. 8/\CIIE /\NU LENOn/\ G. 8/\CIIE, IIUS8/\ND /\NU WIFE TORnENS NO.. 564SeJ f 10RTG/\GEE . NONE EXIIlBIT A-l . . . . PAHeEl. lIu. lA. (33-117-23-22-00291 ^ pOt'hlanent easement for roauway onll ut I 1 I ty pllt"J>oses over, unuer. and across the westa,'ly 15.0U feet of the t1ut.thweslerly IJU.UU feet of that part of the Uorthwest Quat.ter of the Northwe~t llllilrter of Sectfon JJ. Township 117. Range 23. Hennepin County, r.1jllllesola, dcsc,'fbed ns cOOlcncing at the not.thwest corner of said Uorlhwest {luarler. of lhl! Northwest {Jllin'let.: thence South 35 rods, thence Enst 3U t'ods,. thence SOllth 10 rods, thence No,'lh 6'1 degt'ees JU 1/2 mlnules East 'I7'1.U fl!et, thetH:e South 1'1 deqrees, 37 minutes East 2U.'I feet to point of the lJeylllnlllg of land to be desct"li)(!u, thcnce South 6'1 t1egt'ees 3lJ 1/2 1lI11111tes Hl!st 251.~ f{!et, t.hence Soulh 5 t1eg,.ees 2(; minutes East 3U1.7 feet to right of way of lhe N11lnepolls nnd Sl. Louis Hnlh-my CompallY, thence Ilot'lhensterly along said ,'fght of 3JU feet. thence North 11 degt'ees 37 minutes West 19U.6 feet to point of lJeglnnlnH. E'EE OHNEn. JUcll/\Jm F. NOULUIUUGE rum Rl\E WOOLUlUDGE, IIUSBMU /\NO WIFE '1'UnnENS NO.. 564802. IIOR'fG/\GEE. NOHWEST BMI< UN, N/\TIONl\L /\SSOCI/\TION I I . EXHIBIT A-2 . '. pnnCEL NV. 2, (33-117-23-22-0002) A pe.rmanent easement for t"oadwny olul utilIty purposf!!; over, under, and across .the e8stet"ly 15.UO fcet. of thot IJllt"t of Lot 1U, AudItor's SubdIvIsIon "umber One "undred Ihh"lY-lht"ce (133) lIellllepin County, UlllllcsOto, desct'lbed as follows; COlllllenclllg at lht! norlhweste"'y corner of saId Lot 10; thence North (ill degrees, 311 1/2 mlllutes East 20'1.9 feet to the Easterly lllle of saId Lot lU; thence Soutlleasterly along said Eastet"ly lllle a distance of 120 feet; thence South 76 degrees, 19 IiIlnutes W(lst 2?G feet, mon! of less, to a polllt in the WeSlet"ly IllIe of said Lot 10, dlstallt 90 feet SO\lthwestcrly from the polllt of heglrmlll~n thenc(! NOt"lheasterly along said Heslet"ly lllle to the poillt of l1eglllnl1l9. Except therefrom the southtH"ly J feet thereof. FEE OWNEn, T. J. FlUUlELL /\NU J. II. HOLY, /\S JO.lN'r 'l'EN/\NTS TOnnENS NO.. 666787 1I0nTGl\GEE, IIINNESOT/\ HOUSING FIN/\NCE /\GENCY EXHIBIT A-3 . . . PARCEL NO.3: (33-117-23-22-0003) That part of Lot 10, Audito"ls Subdivision Number One Hundred Thirty-Three (133) Hennepin County, Minnesota. described as follows: Commencing at the Northwesterly corner of said Lot 10; thence North 64 degrees. 381/2 minutes East 204.9 feet to the Easterly line of said Lot 10; thence Southeasterly along said Easterly line a distance of 120 feet. to the point of beginning of the tract to be described; thence continuing Southeasterly along said Easterly line a distance of lOO feet; thence ,South 76 degrees. 19 minutes West 263.5 feet. more of less to a point in the Westerly line of said Lot 10. 200 feet Southwesterly fr'om the Northwesterly corner of said Lot 10; thence Northeasterly along" the Westerly line of said Lot 10 distance of 110 feet; thence Northeasterly to the point of beginning. lhe Southerly 3 feet of that part of Lot 10. Auditor's Subd"ivision Number One Hundred Thit-ty-Three (133) lIennepin County, Minnesota. described follows: ConAllencing at the Northwesterly corner of said Lot 10; thence North 64 degrees. 313 1/2 minutes East 204.9 feet to the Easterly line of said Lot 10; thence Southeasterly along said Easterly line a distance of 120 feet; thence South 76 degrees. 19 minutes West 226 feet. more or less. to a point in the Westerly line of said Lot 10. distant 90 feet Southwesterly from the point of beginning; thence Northeasterly along said Westerly line to the point of beginning, said 3 feet being measured at right angles to the Souther'ly 1 ine thereof; A pennanent easement for roadway and utility purposes over, under, and across the easterly 15.00 feet of the above described parcel. CONTRACT VENDOR: ~THUR E. AHLM AND DELORES J. AHU1, HUSBAND AND WIFE CONTRACT VENDEE: JAJrnS TIHOTHY KINSEY AND JEAN WAKEFIELD KINSEY, AS TRUSTEES OF KINSEY TRUST TORRENS NO.: .700408 MORTGAGEE: FIRST MINNESOTA SAVINGS BANK . EXHIBIT A-4 . . . PARCEL NO.4: (33-117-23-22-0004) . ... ..\ ", ~ . That part of Lot 10, Auditor's Subdivision Number One lIundred Thirty-Three (133) lIennepin County, Ninnesota, which lies southerly of the following described line: Commencing at the Norlh\',esterly corner of said Lot 10; thence North 64 degrees, 3U 1/2 minutes East 2011.9 feet to the Easterly line of said Lot 10; thence Southeasterly along said Easterly line a distance of 220 feet, to the point of beginning of the line to be described; thence South 76 degrees, 19 minutes West 263.5 feet, more or less to a point in the Westerly line of said Lot 10, 200 feet Southwesterly f."om the Northwesterly corner of said Lot 10 and said line thet"e terminating. ^ perma.nellt easement for roadway and utility pUt'poses over, under, and across the easterly 15.00 feet of the above described parcel. TORRENS NO.1 427898 FEE OWNER I JOSEPH M. DRESSEL AND AUDREY E. DRESSEL, HUSBAND AND WIFE MORTGAGEE I FEDERAL IDVJE LQ\N M:RlGAGE CDRR:EATICN EXHIBIT A-5 . ~ ~".'. ~.,., ~ ~.~ IJ ~, !,1',',.',. . :)ior ~.,,:-, I11 1,<-. Ii ~ !1 I -- johnson and U~ Appraisal real estate valuation and consultation . 32 Tenth Avenue South Hopkins, Minnesota 55343 . (612) 931-0240 Suite 210 . . April 9, 1989 Mr. Glen Froberg City Attorney City of Shorewood 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 Dear Mr. Froberg: At your request an appraisal, to estimate the diminution in fair market value of the fee simple interests as of February 22, 1989, has been made of 4 parcels requiring' permanent easements for the following project: Sight Line Improvement Wedgewood Drive Shorewood, Minnesota Fair Market Value is defined as the most probable price in cash, terms equivalent to cash, or in other precisely revealed terms, f~r which the appraised property will sell in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. Based upon our personal inspection and consideration of the factors influencing value, the Fair Market Values of the easement _ rights to be acquired in these properties as of February 22, 1989, are estimated to be: Parcel Estimated Easement Number Fee Owner of Record Market Value 33-117-23-22-0030 Lloyd C. Bache $4,900 33-117-23-22-0029 Richard F & Rae Wooldridge $3,050 33-117-23-22-0002 T.J. Farrell & J.M. Holy $2,200 33-117-23-22-0003 James Kinsey $2.750 TOTAL OF ESTIMATED VALUES $12,900 . EXHIBIT B-1 Jeffrey A. Johnson, MAl, ASA Cletus C. Lied/, MAl, SRPA ~ ~ ~ J ,-= ~ ~ ~ ~ I - -;J 1- "71 ~.:I . . This opinion of value is subj ect to the Assumptions and Limiting Conditions set forth in the accompanying report. Respectfully submitted, Johnson and Liedl Appraisal ~t/dLI Cletus C. Liedl, MAI 1 1 1 1 1 1 1 1 ;1 EXHIBIT B-2 . 'MIDWE~ . JUN 2 9 1989 ANIMAL SERVICES. INC. 810 N. ULAC DR. SUITE 204 GOLDEN VALLEY. MN 55422 (612) 521.5026 June 29, 1989 Dear City Council: Unfortunatelly Sharon has resigned from Midwest Animal Services effective July 8, 1989. As you know it is extr~mely difficult to find and keep qualified personnel in this demanding field. This fact, along with sky-rocketing insurance costs has caused Midwest to re-evaluate its contract obligations. Midwest Animal Services will no longer be able to provide animal control service to the City of Shorewood. This letter will serve as a notice of cancellation pursuant to paragraph 15 of our agreement. Cancellation is effective July 29,1989. Midwest Animal Services regrets any inconvenience this may cause you. I have enjoyed working with you in the past. Siz;:ljp I . Richard Sten~ident . /:2])-3 . CHRISTMAS LAKE 1989 . EURASIAN WATERMILFOIL INSPECTION Lake Restoration, Inc. June 21, 1989 C t - eJL"~~J.. _ tuti-C 6<-u.~~', ,.--:. CJ~~ i. ().\ ~'2'6~t~- A-::.scc - YJ-tvv- JUN 2 8 i989 . / 'J. D - t..f . . On June 21, 1989, Lake Restoration Inc. performed a lakewide inspection of Christmas Lake in Hennepin County. The purpose of the inspection was to determine if Eurasian watermilfoil was present in the lake. The inspection found many native aquatic plants including Myriophyllum exalbescens (American or Northern watermilfoil). The inspection did not find Myriophyllum spicatum (Eurasian watermilfoil). This inspection consisted of a minimum of 20 samples per acre in the access area and a minimum of 10 samples per acre in the littoral area of the rest of the lake. The sample findings were noted and are included in this report. Samples were noted on depth maps and property-line maps to aid location of Eurasian watermilfoil for treatment if found. The predominate weed species were Potamogeton Richardsonii (Claspingleaf Pondweed), Potamogeton Amplifolius (Largeleaf Pondweed), Myriophyllum Exalbescens (Native Watermilfoil), and Ceratophyllum Demersum (Coontail). The criteria to determine the type of watermilfoil is as follows: Northern watermilfoil - The purple-brown stems are leafy and glabrous; they may be either simple or branching. Leaves are verticillate, in groups of 3,4 or 5. One to three centimeters long, they are deeply dissected into 6 to 11 pairs of narrow segments from a central axis following the midrib. The weed is entirely submersed except for the floral spike. The spike is 2 to 10 cm long, terminal and nearly bare. There are 8 stamens; anthers are oblong and 1.2 to 1.8 mm long. The flowers have 4 petals. . Eurasian watermilfoil - Its stems vary in color; they are long and somewhat branched. They sometimes form mats at the surface. Each node produces roots, particularly when touching the soil. Leaves are whorled in groups of 3 and 4, usually more than 1 cm apart on the stem. Simple pinnate, the leaves are . . finely dissected with 10 to 16 segments per side. The slim, terminal spikes originate in the axils of the leaflike bracts. Leafless themselves, they bear flowers usually in whorls of 4. While the upper brachts are usually shorter than the flowers or fruits, the lower bracts are longer. The spikes, which rise 5 to 10 cm above the surface, submerge after pollination. (Pennwalt Corporation, Philadelphia; c. 1985.) The described inspection provided a thorough examination of the lake. Samples of the findings were brought back to the offices of Lake Restoration for reinspection. Reinspection of the samples show that the original determination that no Eurasian watermilfoil was found was accurate. These samples are temporarily stored at Lake Restoration. The following pages include a map showing the areas of the lake that were inspected and a summary of the sample findings. This inspection was conducted by Lake Restoration, Inc. Based on the inspection we believe there is no evidence of Eurasian watermilfoil in Christmas Lake. . CHANHASSEN . ,. NOT FOR NAVAGATION o ---.., . . (j) (lO~ 0 )1rn )> zm J:;:; r?': ~ $:: \\\\\111 ~ 0; tti ~ -l,J> r- >~ ,7::rn lIT':, ~ ~ % - - = = -- -- -- -- -- -- - ::: - - - - ~= rn- rn= f1J -0 = )> - z ::: r: - ~::: -- - ---- Co J: :c - en :c-t m3: z)> I\) ~ en (J1 ""C .. ""-J- tuZ)> Qn" CDOm en. .$ -- /;/11/ ./ - y. " ...... ....... . ....... ...:::-- tIl " CD~ ..:::::- )om ':::::~Zrn ....... ?" \) --.. . . CHRISTMAS LAKE SAMPLE FINDINGS FA = FILAMENTOUS ALGAE RB,NL,VL NL,RB,VL BC = BUTTERCUP SG,LL,CL CT,LL,SG LL = LARGE LEAF POND WEED CT,WM,NL VL,CL,LL CL = CLASPINGLEAF PONDWEED CT,WM LL,CT,EL NL = NARROWLEAF PONDWEED CT CU,WM,VL,CL EL = ELODEA FA,CT,WM LL,CL,VL,NL,CU CT = COONTAIL LL,CL,SG CT,EL,CL,LL FL = FLATSTEM NARROWLEAF LL,NL,CT,BC CH,FA,BC,CT WM = NATIVE WATERMILFOIL CT,FA,WM BC,FA,CU,WM CU = CURLYLEAF PONDWEED FA,WM,CT FA,BC,CU,EL,WM VL = VALLISNERIA BC,CU,EL CL,WM,CU SG = SAGO POND WEED EL,CT,WM,CL CT,EL,BU,SG BU = BUSHY PONDWEED CL,LL,NL FA,BC,CU CH = CHARA LL,CH,WM CT,CL,NL,WM,CU RB = ROBBINS PONDWEED EL,CL,WM,CU CT,CL,NL BC,CU,EL,CL WM,CT,EL LL,CL,NL CL,LL,VL FA,BC,CH EL CL,LL BC,CT,NL LL,CH,CL CT,EL CH,VL,LL SG, ,LL,CL FA,CH,LL WM,EL LL,CH BC,CT,EL CT,CU,WM EL,CT CL,LL SG,EL,CT FA,CT,CU EL,CU CT,CL,WM BC,CT,EL FA,CT,WM,EL WM,CL CL,WM WM,BC,CT FA,CT,WM LL,CT CT,FA CT CT,FA,WM RB,EL FA,CT,WM EL FL,VL,CL,LL FL,EL,NL CL,WM WM,CT LL,CU,WM,CL LL,NL,CL WM,CL,CT WM,CT CT,WM,CL RB,BC,EL FA,BC,CU CU,FA LL,CU,CL,WM NL,CH,BC CU,BC RB,NL,VL CT,EL WM,CH,CL FA,BC,CU CH,WM,CT,CL CT FA,WM,CH WM,CL,WM CT,WM,CU WM,FA,CT FA,BC,CU BC,CU,FA CT,NL,CL,LL WM,CT CL,CH,WM CU,WM,NL CH,NL,LL WM BC,FA,WM VL,CU,WM VL,LL,CL,CT,EL WM CL,CU,FA BU,NL,CL,CT CL,VL,LL CT,FA,WM CH,FA LL,CL VL,CL,WM,CT WM,CT,FA FA,CT,EL CT,EL WM,FA,CT,LL,VL BC,NL,WM,CT NL,BC,CL EL,CT EL,BC,CT,CL,RB BC,WM FA,BC,LL EL,CT CT,FA,CU,WM WM,CT FA,BC,CL EL,CT WM,CT,EL CT,FA,CL,LL FA,CT,NL FA,EL WM,CT,VL,CU FA,WM,CT,VL VL,WM,CT FA,CT,EL EL,CT,FA,RB,CT VL,WM,CT NL,EL,VL WM,BC,EL RB,CT,NL,LL CT,WM,CL CT,EL WM,BG CL,EL,CT CT,FA FA,CT,CL LL,CL CT,NL,CL,LL FA,WM,CT EL,NL,CT CH,VL,CU NL,VL,LL,CL FA,WM,CT EL,BC,CT FA,WM,BC CH,CL,LL BC,NL,FA BC,FA,CT LL,CH,CL NL,VL,LL CU,WM,CL,LL EL,NL CU,BC .RB,CT,NL CU,WM EL,WM WM,CT WM,CT,NL " CHECK NO. . CHECK APPROVAL LISTING . TO WHOM ISSUED CHECKS FOR COUNCIL APPROVAL 2569 2570 2571 2572 2573 2574 2575 2576 2577 2578 2579 2580 2581 2582 2583 2584 2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 2596 2597 2598 2599 2600 2601 2602 2603 2604 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) A.G. ELELCTRIC AT & T ACRO-MINNESOTA INC. AMERICAN LINEN SUPPLY COMPANY EARL F. ANDERSON & ASSOCIATES, INC BROWNING-FERRIS INDUSTRIES BRYAN ROCK PRODUCTS, INC. CHAPIN PUBLISHING COMPANY COMMERCIAL ASPHALT COTTER CHARGE/SHOREWOOD TRUE VALUE CROSSTOWN OCS WENDY DAVIS CITY OF DEEPHAVEN HAROLD DIRCKS HANCE HARDWARE HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER LAKE RESTORATION LONG LAKE FORD TRACTOR MCCARTHY WILL COMPNAY MANN MADE PRODUCTS MARQUETTE BANK MINNEAPOLIS H.C. MAYER AND SONS, INC. MINNEGASCO MUNITECH NORTHERN STATES POWER COMPANY ORR, SCHELEN, MAYERON & ASSOCIATES JOSEPH PAZANDAK PITNEY BOWES ALAN ROLEK SMALL BUSINESS CLEANING SO. LAKE MTKA PUB SAFETY DEPT. SUBURBAN TIRE TONKA PRINTING US WEST COMMUNICATIONS ZAHL EQUIPMENT -1- PURPOSE AMOUNT 79.90 59.25 43.52 275.00 84.63 89.46 709.59 681.09 611.50 INSTALL LIGHT IN SHOP-PW $ 183.07 UTILITIES 5.31 OFFICE SUPPLIES 10.62 LAUNDRY-CITY HALL/PUBLIC WORKS 307.92 STREET SIGNS 80.14 SATELLITES 444.21 ROCK/FREEMAN PARK ROAD 517.37 PUBLISHING/STREETS & SEWER BIDS 139".50 OIL AND 5.4% MIX 1,783.70 RAKES/PIPES/PLUGS-PW 18.17 COFFEE, TOWELS, PAPER-CITY HALL 125.00 MILEAGE 19.03 ST STRIPING/MANOR RD & EXC BLVD 424.52 COUNCIL MEETING TAPING 100.00 CUTTER HEAD PARTS-WEED WHIP 32.16 PRISONER EXPENSE 1,156.25 ASSESSING MAILING LABELS 39.66 INSPECTION OF CHRISTMAS LAKE 634.00 TRACTOR PAYMENT 393.56 INSPECTION OF ALL WELLS 450.00 TUBES AND LABOR/PUBLIC WORKS 83.00 CORP. TRUST PAYMENT 609.71 GREASE/PUBLIC WORKS 21.00 UTILITIES 19.06 MAINTENANCE CONTRACT FOR JULY 4,917.00 UTILITIES 1,575.52 ENGINEERING FEES FOR MAY 8,936.82 DEVELOPMENTAL 563.06 ON-GOING 2,297.86 SE AREA 226.13 SHOREWOOD OAKS 544.50 GENERAL 5,305.27 MILEAGE MAINT. CONTRACT-POSTAGE MACHINE MILEAGE CITY HALL JANITORIAL MAY BOOKING FEE TIRES AND MOUNTING/PUBLIC WORKS NEWSLETTER AND STATIONARY UTILITIES TANK TIGHTNESS TEST-UNLEADED TOTAL CHECKS FOR APPROVAL TOTAL APPROVAL LIST . 25,660.24 79,050.10 .. CHECK NO. . CHECK APPROVAL LISTING . TO WHOM ISSUED PURPOSE AMOUNT r CHECKS ISSUED SINCE JUNE 2J, 1989 2538 (L) 2539 (L) 2540 (L) 2541 (L) 2542 (L) 2543 (L) 2544 (L) 2545 (L) 2546 (L) 2547 (G) 2548 (G) 2549 (G) 2550 (G) 2551 2552 (G) 2553 (L) 2554 (L) 2555 (L) 2556 (L) 2557 (L) 2558 (L) 2559 (L) 2560 (L) 2561 (L) 2562 (L) 2563 (L) 2564 (L) 2565 (L) 2566 (G) 2567 (G) 2568 BELLBOY CORPORATION GRIGGS COOPER AND COMPANY GTE SUN COMMUNITY DIRECTORIES JOHNSON BROTHERS WHOLESALE LIQUOR NORTHERN STATES POWER COMPANY ED PHILLIPS AND SONS POGREBA DISTRIBUTING, INC. QUALITY WINE AND SPIRITS COMPANY US WEST COMMUNICATIONS US POSTMASTER CITY OF EXCELSIOR DR. KELLY BOSWORTH MS. KIM RICHARDS VOID ICMA HOUSING BUREAU AT & T BELLBOY CORPORATION COPIER ALTERNATIVES GRIGGS, COOPER AND COMPANY JOHNSON BROTHERS WHOLESALE MINNEGASCO MINNESOTA BAR SUPPLY HARRY NIEMELA ED PHILLIPS AND SON POGREBA DISTRIBUTING, INC QUALITY WINE AND SPIRITS COMPANY RYAN PROPERTIES US WEST COMMUNICATIONS BUREAU OF THE CENSUS US POSTMASTER VOID -2- LIQUOR AND MISC. PURCHASES $ LIQUOR/WINE/MISC PURCHASES ADVERTISING LIQUOR AND WINE PURCHASES UTILITIES LIQUOR AND WINE PURCHASES BEER AND MISC. PURCHASES WINE PURCHASES UTLITLIES POSTAGE/RECYCLING FLYER ADDTL COST OF F'MAN WORK/COMP APPLICATION FEE REFUND BUILDING PERMIT FEE REFUND 3,279.93 3,268.52 80.46 494.61 254.99 1,947.25 1,637.00 126.08 56.08 280.76 2,068.00 425.00 257.28 ICMA CONF ACCOM DEPOSIT-WHITTAKER 50.00 UTILITIES 3.19 LIQUOR PURCHASES 3,489.11 COPIER MAIN. CONTRACT 29.40 LIQUOR/WINE/MISC PURCHASES 5,012.40 WINE PURCHASES 365.06 UTLITIES 42.23 MISC/SUPPLIES PURCHASES 363.53 JULY RENT/L. STORE I 1,292.00 WINE PURCHASES 283.33 BEER/MISC PURCHASES 1,115.15 WINE/LIQUOR PURCHASES 1,480.53 JULY RENT/L. STORE II 1,922.58 UTLITIES/ADVERTISING 127.94 SPECIAL CENSUS 8,800.00 JULY NEWSLETTER POSTAGE 280.76 TOTAL LIQUOR TOTAL GENERAL TOTAL CHECKS ISSUED . 26,671.37 12,161.80 38,833.17 . CHECK APPROVAL LISTING . ; PAYROLL REGISTER ~..". CHECK NO. TO WHOM ISSUED HOURS AMOUNT JULY 5, 1989 PAYROLL 203164 VOID 203165 (G) LEAONARD WATTEN COUNCIL $ 147.82 203166 (G) JANICE HAUGEN MAYOR 177.30 203167 (G) BARBARA BRANCEL COUNCIL 147.82 203168 (G) ROBERT GAGNE COUNCIL 150.00 203169 (G) KRISTI STOVER COUNCIL 150.00 203170 (G) LAURENCE WHITTAKER 80 REG HOURS 911.49 203171 (G) SANDRA KENNELLY 80 REG HOURS 746.85 203172 (G) SUSAN NICCUM 80 REG HOURS 476.32 203173 (G) ANNE LATTER 80 REG HOURS 424.63 203174 (G) ALAN ROLEK 80 REG HOURS 813.58 203175 (G) WENDY DAVIS 80 REG HOURS 520.71 203176 (G) BRADLEY NIELSEN 80 REG HOURS 855.15 203177 (G) PATRICIA HELGESEN 80 REG HOURS 640.16 203178 (G) JOSEPH PAZANDAK 80 REG HOURS 742.07 203179 (G) CHARLES DAVIS 80 REG HOURS/RETRO PAY 413.38 203180 (G) DENNIS JOHNSON 80 REG HOURS/RETRO PAY 677 .98 203181 (G) DANIEL RANDALL 80 REG HOURS/RETRO PAY 694.79 203182 (G) HOWARD STARK 82 REG HOURS/RETRO PAY 600.05 203183 (G) RALPH WEHLE 82 REG HOURS/RETRO PAY 565.66 203184 (G) DONALD ZDRAZIL 80 REG HOURS 852.25 203185 (G) JOSEPH LUGOWSKI 80 REG HOURS/RETRO PAY 673.26 203186 (G) TODD LATTERNER 120* REG HOURS 132.02 203187 (L) RUSSELL MARRON 23.5 REG HOURS 126.07 203188 (L) CHRISTOPHER SCHMID 80 REG HOURS 391. 48 203189 (L) JOHN THOMPSON 41 REG HOURS 190.66 203190 (L) MICHAEL KOEBENSKY 30 REG HOURS 141. 31 203191 (L) BRIAN JAKEL 29 REG HOURS 137.44 203192 (L) MARK KARSTEN 33 REG HOURS 146.56 203193 (L) WILLIAM JOSEPHSON 80 REG HOURS 578.89 203194 (L) SUSAN LATTERNER 36 REG HOURS 156.20 203195 (L) DEAN YOUNG 80 REG HOURS 522.68 203196 (L) SCOTT BENNYHOFF 56.5 REG HOURS 229.61 203197 (L) DAVID PETERSON 25 REG HOURS 105.78 203198 (L) DANIEL HAASKEN 13.5 REG HOURS 66.52 203199 (L) DOUGLAS FULLER 24 REG HOURS 97.25 203200 (L) SCOTT BARTLETT 33 REG HOURS 152.95 TOTAL LIQUOR 3,043.40 TOTAL GENERAL 11,513.29 TOTAL PAYROLL 14,556.69 . -3- I ~ ," OSM. Orr Schelen Mayeron& . ' Associates, Ine. 2021 East Hennepin Avenue Minneapolis, MN 55413 612~331~8660 FAX 331 ~3806 Engineers Surveyors Planners July 10, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Bid Proposals Street Overlay and Appurtenant Work Project No. 89-1 OSM Comm No. 4371 City Offi ci al s: Bids were received Friday, July 7, 1989, for Project No. 89-1, Street Overlay and Appurtenant Work. Attached is a copy of the Bid Tabulation. We have reviewed the bids and verified the unit price extensions. The low bidder is Hardrives, Inc. We recommend Project No. 89-1 be awarded to Hardrives, Inc., 7200 Hemlock Lane North, Maple Grove, MN 55369 in the amount of $112,344.00. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ No~n~~ Project Manager JPN/cmw 07/89-65 cc: Hardrives, Inc. Mr. Phil Tipka, Resident Inspector , .. 1. 2. 3. BID TABULATION FOR STREET OVERLAY AND APPURTENANT WORK PROJECT NO. 89-1 SHOREWOOD, MINNESOTA BIDS OPENED: ORR-SCHELEN-MAYERON July 7 1989 & ASSOCIATES, INC. un t i 1 i1: 30 A. M . CONTRACTOR BID SECURITY TOTAL BID Hardrives, Inc. 5% $112,344.00 Valley Paving Inc. 5% 120,383.50 Alber Construction 5% 123,976.00 Munn Blacktop, Inc. 5% 124,475~25 H.L. Johnson Co. 5% 127,944.50 Alexander Construction Co., Inc. 5% 128,795.00 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF THE BIDS AS RECEIVED ON: DATE Jul y 7. 1989 ~ ~ . -P r)~ BY ....-"""'l \ / *Denotes Corrected Figure OSM COMM. NO. 4371 4. 5. 6. OS;\\. Orr Schelen Mayeron& Associates, Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612~331~8660 FAX 331~3806 Engineers Surveyors Planners July 10, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Bid Proposals Sewer Televising and Rehabilitation Project No. 89-2 OSM Comm. No. 4419 City Officials: Bids were received on Project No. 89-2, Sewer Televising and Rehabilitation, Friday July 7, 1989 at 11:00 a.m. Two bids were received. A copy of the Bid Tabulation is attached. We have reviewed the bids and verified the unit price extensions. No errors were found. The low bidder is Visu-Sewer Clean & Seal, Inc. We recommend Project No. 89-2 be awarded to Visu-Sewer Clean & Seal, Inc., 2849 Hedberg Drive, Minnetonka, MN 55343, in the amount of $24,606.90. This is the same company that did the work last year. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. .J- -P.lJ~ James P. Norton, P.E. Project Manager JPN/cmw 07/89-65 cc: Visu-Sewer Clean & Seal, Inc. Mr. Phil Tipka, Resident Inspector , , 1. 2. BID TABULATION FOR SEWER TELEVISING AND REHABILITATION PROJECT NO. 89-2 SHOREWOOD, MINNESOTA BIDS OPENED: Ju1r 7 IBg9 ORR-SCHELEN-MAYERON unt 1 11: A.M. & ASSOCIATES, INC. CONTRACTOR BID SECURITY TOTAL BID Visu-Sewer Clean & Seal, Inc. 5% $24.606.90 Solidification, Inc. 5% $42,090.00 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF .. THE BIDS AS RECEIVED ON: DATE July 7. 1989 BY I..~- .o- -P rJ :;;t;;u .-.0 ( ~ , *Denotes Corrected Figure OSM COMM. NO. 4419 A CITY OF SHOREWOOD RESIDENTIAL SUB DIVISION DEVELOPMENT AGREEI-IENT ~IARILYNWOOD 2ND ADDITION THIS AGREEMENT, made this _ day of , 1989, by." and between the CITY OF SHORE~IOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and GERALD J. KELSCH, doing business as K & H Builders-Developers, hereinafter referred to as the "Developer". \"lHEREAS, Developer has an interest as contract purchase of the lands described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property" ; and WHEREAS, Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development plat of said land, said plat to contain approximately 4.98 acres divided into 3 lots, and to be known as MARILYN~TOOD 2ND ADDITION; and WHEREAS, the City Council by its resolution passed on ~Iarch 27, 1989, has approved the preliminary plat of the Subject Property; and WHEREAS, Develper has made application to the City to be allowed at Developer's expense to construct a surfaced cul-de-sac at the south end of Riviera Lane, hereinafter sometimes referred to as the improvement. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of MARILYNWOOD 2ND ADDITION, attached hereto and made a part hereof as Exhibit B, the City and Developer agree as follows: 1. I~IPROVEMENT INSTALLED BY DEVELOPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the improvement consisting of street grading, stabilizing and bituminous surfacing. 2. PRE-CONSTRUCTION ~IEETING. Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 3. STANDARDS OF CONSTRUCTION. Developer agrees that the improvement sej:. forth in Paragraph 1 above shall equal or exceed Citll standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of the said work shall be subject to final inspection and approval by the City Engineer. 4. MATERIALS AND LABOR. All of the materials to be employed in the making of said improvement and all of the work performed in connection there'tV'ith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. s. SCHEDULE OF WORK. Developer agrees to provide a written schedule for the construction of said improvement set forth in Paragraph 1 above indicating the proposed progress schedule and order of completion of all work covered by this Agreement. It is understood and agreed that the work shall be performed in one phase to be fully completed by , 1989. Upon receipt of written notice from the Developer of the existence of causes over 'tvhich the Developer has no control, which will delay the completion of the Hork, the City, at its discretion, may extend the dates specified for completion. 6. CUL-DE-SAC IIvIPROVElvIENT. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of the improvement within the plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Within sixty (60) days after the completion of construction, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the installation of the foregoing improvement within the plat. c. Easements. Developer, at his expense, shall acquire all easements from abutting property owners necessary to the installation of the improvement within the plat, and thereafter promptly assign said easements to the City. d. Pre-existinq Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 7. ST AKING. SUR VEYING AND INSPECTION. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying . -2- of the above-described improvement. In order to ensure that the completed improvement conform to the approved plans and specifications, the City will provide for resident inspection. 8. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at his expense shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary darns, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets vIithin and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 9. ACCESS TO RESIDENCES. Developer shall provide reasonable access, including temporary grading and graveling, to all residences under construction in the plat until the streets are accepted by the City . 10. OCCUPANCY PERMITS. The occupancy of any structure on any lot Nithin said plat shall be prohibited by the City until _vater lines and municipal sanitary sewer shall have been installed, tested, and available to serve the lot for _vhich the building permit shall have been issued. 11. FINAL INSPECTION. Upon completion of the improvement set forth in Paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer vIill make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the . approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvement be accepted by the City. 12. CONVEYANCE OF IMPROVEMENT. Upon completion of the installation by Developer of the improvement set forth in Paragraph 1 above, the Developer shall convey said improvement to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien ,vaivers. Should the Developer fail to so convey said improvement, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 13. REPLACEMENT. All work and materials performed and furnished by the Developer, its agents and subcontractors, pursuant to paragraph 1 above, which are found by the City to be defective ,vithin one year after acceptance by the City shall be replaced by Developer at Developer'S sole expense. 14. RESTORATION OF STREETS AND PUBLIC FACILITIES. Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod, . -3- with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 15. REIHBURSEIJIENT OF COSTS. Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City from time to time in connection with all matters relating to the administration and enforcement of this Agreement and the performance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of the City's mailing of each notice of costs to the address set forth in Paragraph 22 below. 16. CLAIMS FOR \^lORK. The Developer or his contractor shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work done or materials furnished by the contractor without such written order being first obtained shall be at his own risk, cost and expense. 17. LETTER OF CREDIT. For the purpose of assuring and guaranteeing to the City that the improvement to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to: 150% of the total cost of said improvement estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvement. The said deposit or letter of credit may be reduced in amount at the discretion of the City upon acceptance by the City of the various individual improvement but in no event shall such letter of credit be reduced to an amount less than 100% of the total cost of said improvement. At such time as the improvement has been accepted by the City, such letter of credit may be replaced by a maintenance bond. 18. LIABILITY INSURANCE. The Developer shall take out and maintain during the life of this Agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. T his insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. . -4- Prior to commencement of construction of the improvement described in Paragraph 1 above, Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of l-linnesota. 19. LAWS. ORDINANCES, REGULATIONS AND PERl-IITS. Developer shall comply with all la~vs, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before commencing development of the plat. 20. SE\'lER ASSESSlvIENTS. The original assessments against the property for sanitary se~ver are in the amount of $ Developer acknowledges that as a newly platted development of 3 lots, additional sums may be assessed against the property as equalization charges pursuant to Shorewood City Code. Developer agrees to accept and pay all such charges to the City in accordance with Shorewood City Code, together with all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit C, attached hereto and made a part hereof. 21. PARK FUND PAYl,IENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $1,000.00 for the Park Fund. 22. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to ~vhich notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follovlS: To the City: City of Shorewood 5755 Country Club Road S horewood, MN 55331 To the Developer: Gerald J. Kelsch 7401 Auto Club Road Bloomington, MN 55438 23. PR 0 0 F 0 F TITLE. Developer shall furnish a title opinion addressed to the City issued by the attorney for the Developer, which opinion -5- the same for the purpose of developing the property. Developer agrees that in the event Developer's o~vnership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the requirements of this Agreement that he shall forthwith notify the City of such change in ownership. In lieu of a title opinion, Developer may furnish a copy of a title insurance policy indicating developer to be fee owner of the Subject Property. 24. DISCLAHvIER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 25. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, if any, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. 26. DURATION OF AGREEl.IENT. This Agreement shall remain in effect until such time as the Developer shall have fully performed all of his duties and obligations under this Agreement. 27. REI-IE DIES UPO N DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause the improvement described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of . -6- mechanic's liens under the laws of the State of lvIinnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by lvIinnesota Statutes Chapter 429 shall be and hereby are ",,,aived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Performance Guarantv. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: ( 1) the cost of completing the construction of the improvement described in Paragraph 1. (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. c. Leqal Proceedinqs. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 28. HEADINGS. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 29. SEVERABILITY. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 30. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 31. CONSTRUCTION. This Agreement shall be construed in accordance with the laVls of the State of lvIinnesota. 32. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the Agreement herein cohtained shall be binding upon . -7- and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF SHOREWOOD Gerald J. Kelsch, d/b/a K & H B uilders- 0 evelopers Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk . . -8- ST ATE OF l--IINNESO T A ) ) ss COUNTY OF HENNEPIN ) On this _ day of , 1989, before me, a Notary Public within and for said County, personally appeared Jan Haugen and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Jan Haugen and Sandra L. Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this _ day of said County, personally appeared executed the foregoing instrument as his free act and deed. , 1989, before me, within and for Gerald J. Kelsch, described in and who and acknowledged that he executed the same Notary Public . -9- EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Lot 6, Block 1, and Outlots D and E, Marilynwood, according to the recorded plat thereof. . -10- . .~ EXHIBIT C SEWER EQUALIZATION CHARGE MARILYNWOOD 2ND ADDITION . . -12-