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102389 CC Reg AgP . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCTOBER 23, 1989 COUNC~L CH&~ERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA 1. CONV~NE COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Stover'" Gagne Brancel Watten Mayor Haugen C. Approval of Agenda 2. APPROVAL OF MINUTES A. Regular Council Meeting - October 9, 1989 (Att.No.2A-Minutes) B. Council Workshops (Att.NO.2B-Minutes) 3. CONSENT AGENDA A. "A Resolution Making Appointments to Certain Offices and Positions" (Att.N9.3A-Memo and Resolution) B. "Resolution to Reduce Letter of Credit - Strawberry Fields" - Nanci Strickland-Balogh. (Att.No.3B-Letter and Resolution) C. Permanent Appointment - Laurence E. Whittaker as city Administrator/Clerk (Att.No.3C-Memo) D. Payment Voucher No.1 and Final - Curb and Gutter for Strawberry Lane/Shorewood Oaks Project OSM Comm.-No. 1744.20. E. Payment Vouchers No. 1 and 2 - Sewer Televising and Rehabilita- tion - Project No. 89-2. 4. COMMISSION REPORT A. Park Commission o. B. Planning Commission 7:45pm- 5. PUBLIC HEARING - VACATION OF DRAINAGE AND UTILITY EASEMENTS AND SIMPLE StlBDIVISION/LOT COMBINATION Applicant: Location: Ros'e Christian 5905 Howards Point Road/5830 Brentridge Drive (Att.No.5a-Memoi 5b-Resolutioni 5c-Resolution) -1- AGENDA - MONDAY, OCTOBER 23, 1989 PAGE 2 6. RESOLUTION APPROVING FINAL PLAT OF CEDAR HEIGHTS ADDITION Applicant: Location: Kelly Bosworth 5.1 Acres Wes~ of Woodhaven 2nd Addition (Att.No.6a-Memoi 6b-Memoi 6c-Resolution and Development Agreement) 7. C.U.P. - CELLULAR ONE TELEPHONE CO~~&~Y 8. REQUEST FOR STREET VACATION - SET DATE FOR PUBLIC HEARING Bill and Kristi Stover 9. MATTERS FROM THE FLOOR 1. 10. STAFF REPORTS A. Planner's Report 1. B. Finance Director 1. Section 125 (Att.No.lOB-l-Memo) 2. Final Budget Hearing - November 27, 1989 3. Computer Needs C. Enqineer's Report 1. Glen Road 2. Claim to Repair Amesbury Well - E.H. Renner and Sons (Att.NO.IOC-2-Invoice) 3. Timber Lane Drainage/Erosion Control 4. S.E. Area Water System Improvement 5. Repair Manholes Identified by Visu-Sewer D. Attorney's Report 1. Golden Andeison Check Valve - S.E. Area Water Tower (Att.No.10D-1-Memo) 2. Chanhassen Veterinary Hospital Contract -2- . AGENDA - MONDAY, OCTOBER 23, 1989 PAGE 3 10. STAFF REPORT - CONTINUED E. Administrator's Report 1. Census 2. Freeman Park Expenses 3. Call Executive Session - Labor Strategy 4. Workshop - Budget, Employee Comp, Comparable Worth 5. Announcements 11. COUNCIL REPORTS A. Mayor's Report B. Council Report 12. APPROVAL OF CLAIMS AND ADJOURNMENT 13. EXECUTIVE SESSION .. -3- CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCTOBER 9, 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 7:30 P.M., Monday, October 9, 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 Froberg, Engineer Norton, Planner Nielsen, Administrator Whittaker and Deputy Clerk Niccum. APPROVAL OF AGENDA Gagne moved, Brancel seconded, to approve the agenda of Monday, October 9, 1989, with the following deletions: A. Item C on the Consent Agenda Removed from Consent Agenda E.H. Renner & Sons, Claim of $4,343.30, repair Amesbury Well Pump Motor. Mayor Haugen expressed concern over the fact that when the pump was removed, the pump truck was there for 3~ hours and 8 hours of man- power were used, but when the pump was put back in, the pump truck was there for 12 hours, and 13~ hours of manpower were used - she questioned the ratios and asked for an explanation before payment is made. Norton explained the usual procedure. Gagne asked Adminis- trator Whittaker to contact Munitech. He wants to make sure they verified the bill before forwarding it to the City for payment. B. Agenda Item 5 - Rescheduled - October 23, 19~9 A Resolution approving the final plat of Cedar Heights Addition Applicant: Location: Kelly Bosw.orth 5.1 acres west of Woodhaven 2nd Addition C. Agenda Item 11 - Rescheduled - October 23, 1989 Simple Subdivision/Lot Combination Applicant: Location: Rose Christian 5905 Howards Point Road/5830 Brentridge Drive Motion carried - 5/0 -1- dll MINUTES - MONDAy,4ItTOBER 9, 1989 PAGE 2 . APPROVAL OF MINUTES Brancel moved, Stover seconded, to approve the minutes of the Regular Council meeting of September 25, 1989, as amended on page 4. Motion carried - 5/0. CONSENT AGENDA ~ Gagne moved, Stover seconded, to adopt Resolution No.82-89, and Resolution No.83-89, and to approve A, B, and D on the consent agenda: A. Resolution No.82-89 - "A Resolution Designating an Agent to Issue Citations for Violations of Chapter 701, Dogs" - which designates the City of Chanhassen Public Safety Department as Animal Enforce- ment Officer for the City of Shorewood. B. The fees for legal services in 1990 from Froberg and Penberthy P.A. D. Resolution No.83-89 - "A Resolution Combining Certain Positions of Offices within the City of Shorewood" - which combines the offices of City Administrator/Clerk and Finance Director/Treasurer. Motion carried - 5/0. PLANNING COMMISSION Stover will give individual reports as the items appear on the agenda. PARK CO~lliISSION The Park Commission meeting of Wednesday, October 4, 1989, was cancelled RESOLUTION APPROVING THE FINAL PLAT OF CEDAR HEIGHTS ADDITION RESCHEDULE FOR MONDAY, OCTOBER 23, 1989 STAFF REPORT Planner's Report Thulin Variance Status Planner Nielsen reported that originally Mr. Thulin had constructed his fence too close to the street, and had applied for a permit to keep the fence in the public right-of-way. He also said he was going to apply for a variance to keep his boat closer to the road than the Zoning Ordinance allows. He has now withdrawn his variance requests and moved his fence and his boat. Attorney's Report Status Report on Water Tower Check Valve Warranty Attorney ~roberg reported that Mr. Bruce Harding of Mooney & Associate had been contacted to see if Golden-Anderson Industries, Inc. had supplied them with a warranty on the 12" Globe Electric Check Valve installed by Mooney & Associates in the Shorewood elevated water tower. Froberg said he had received a call from Mr. Harding, who is preparing a response. Froberg will report on this at the meeting of October 23rd. -2- MINUTES - MONDAY, ~OBER 9, 1989 PAGE 3 . STAFF REPORT Attorney's Report - Continued Animal Control Froberg said he had received a letter from the Chanhassen Veterinary Clinic with an Impound Agreement. Bob Zydowsky will be the Animal Patrol Officer in charge. A proposed schedule and proposed contract were also included. The Veterinary Clinic will bill the City of Chanhassen, and Chanhassen will bill the City of Shorewood. Froberg said the contract appears to be in line with the type of contract the City has had with other parties in the past. Wedgewood Road Condemnation Froberg said the condemnation procedure has been completed. The formal order of the Court will be received within 60 days. The City can go on the property at any time to straighten Wedgewood Road. Administrative Report Special Census Administrator Whittaker informed the Council that the "Special Census" should be finished by next week. He said the census takers have been working evenings and weekends, and have had a fair amount of follow-up to do. He said enough has been done to verify a population of over 5,000. The Federal people hope to certify it by the middle of December. Engineer's Report Glen Road Drainage Engineer Norton said he had received direction to set up a meeting with the Watershed District. He contacted Mr. ~ahady and talked to him about holding a formal meeting. Mahady suggested an informal meeting with himself, Engineer Norton, a Board member, and a repre~ sentative from the City. Due to conflicting schedules the meeting has not been held yet~ bUD it is being set up with Mr. Woodrow Love, a member of the Board~ Mr. Mahady, their Engineer~ Engineer Norton~ and Councilmember Gagne. Status Report on MnDOT meeting on Highway 7 Intersections Engineer Norton said he and Planner Nielsen had met with Craig Robinson and Mark Benson from MnDOT. He said the main discussion was on the Christmas Lake Intersection and the Vine Hill Road Intersection. He said they touched briefly on the Old Market Road Intersection. He said he and Planner NiBlsen presented some of their concerns and asked for consideration on items that they thought should be changed. Mn~OT is going to make up a 4th drawing for Christmas Lake Road. They feel the Vine Hill Intersection can be discussed at the time the Old Market Road' Intersection is discussed. -3- MINUTES PAGE 4 . MONDAY, OCTOBER 9, 1989 . 7:45pm- PUBLIC HEARING: DELINGQUENT UTILITY BILLS AND OTHER CHARGES TO BE CERTIFIED FOR COLLECTION WITH 1990 PROPERTY TAXES RESOLUTION NO.84-89 Mayor Haugen opened the Public Hearing at 7:45 P.M. The Public Hearing was closed at 7:46 P.M. without public comment. Mayor Haugen referred to a letter from Henry Vergnaud regarding pro- perty at 5855 Glencoe Road. He was disputing his utility charges for water and sewer. After discussing the situation with Niccum and Finance Director Rolek, and finding out that the actual reading on water was taken from the inside meter-which is accurate and that a credit of $131.63 had been applied to the account-the Council agreed to certify the currect delinquent charges as a part of Resolution No.84-~ Stover moved, Watten seconded, to approve Resolution No.84-89, - "A Resolution directing Delinquent Sewer and Water Utility Charges and Private Property Clean-up Charges be placed on the 1990 Tax Rolls." Motion carrled - 5/0. 8:00pm- PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET Finance Director Alan Rolek explained that the notice the City published in the newspaper was required by the State Department of Revenue. He said that while it is true that the City is looking at a 16.9% increase in their total levy, that doesn't necessarily mean that each individual parcel of property is going to receive an increase in taxes. The increase is necessary because growth of 18% in population demands new services. He said what this actually means is an actual tax rate decrease from approximately 16.5% this year to approximately 16.3% next year. He said the reason this wasn't published was because it didn't fit into the prescribed format the State gave us. He said the reason there is a larger levy this year is because when there is that amount of growth, more services have to be provided by the City: more snowplowing, street lighting (an increase from 92 to 133), animal control, park improvement, fire and police protection, as well as other things. Rolek said the City is looking at a State levy limit in the neighbor- hood of $1,557,000. Our levy for 1990, is under that limit by $53,000. Rolek said he has done research in the area on per capita spending per City, the range is from $307 - $402 per capita,Shorewood's proposing $359 per capita which lies somewhere in the middle of the range. There are several increases in the budget this year, LMCD-50% for Eurasian Milfoil, the Assessor's fees because of the increase in the number of parcels, recycling fees have doubled, Animal Control has gone up, and additional public works employee has been added to main- tain parks a~d help with additional plowing. -4- MINUTES - OCTOBER ~1989 PAGE 5 - ~ ~:OOPM PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET - CONTINUTED A Capital Improvement Fund of $100,000 has been added. This will be provided for park improvements, improvement of City properties, acquisition of City properties for Public Works Facilities, Salt Buildingr Street Improvements, etc. A Contingency Fund has been provided for those expenditures that are unforeseen. Mayor Haugen opened the Public Hearing at 8:10 P.M. Maude Wadsworth of 5460 Howards Point Road, asked how it would affect someone with a very low income, saying that if she was taxed anymore she would be taxed right out of her house and she didn't know where she would go. Stover stated that the way the newspaper form presented the tax increase was terribly misleading, but the City had to follow that format. She said the City did have a bigger budget, but they also have more people paying. The City portion of the taxes should be a little less that it was last year. Mayor Haugen said they cannot give a final figure until the Legislature makes a decision. Jim Grahn of 5945 Eureka Road said Rolek's explaination does not explain some of the budget increases that he thinks are exorbitant: Mayor and City Council Administrator Municipal Building-City Hall Police Public Works Streets and Roadways Parks and Recreation 32% 10% 24% can live with 20% 18% 28.5% He said it bothers him that the increase of $273,000, take out the $150,000 Contingency,that he can account for almost 100% of the increases in the above six areas. Haugen said some budgeted items have been in unusual funds, and the Finance Committee suggested moving some items so it's more understandable. Mayor and City Council LMCD dues Total $14,052 League of Mn Cities Association of Metropolitan Municipalities - . Excelsior Fireworks - 4th of July Newsletters Working Capital $5,000 increase increased increased $1,000 donation increased $7,000 increase Stover explained that the City does not receive the tax monies until July. The City used to borrow during this period until the State Auditor recommended a General Fund Reserve, which the City established. This also helped improve the bond rating from BAA to A, which allows the -5- . MINUTES - OCTOBER. 1989 PAGE 6 . 8:00pm-PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET - CONTINUED Jim Grahn of 5945 Eureka Road- Continued City to borrow money at a lower rate of interest. Stover said the first draft of the budget showed a Contingency Fund of $150,000. The Finance Committee suggested dividing it into a Contin- gency Fund of '50,000 and a Capital Improvement Fund of $100,000. Stover also said that the Recycling Budget of $45,000 was under the City Hall fund. This was moved to sanitation, so that maintenance of the City hall can be presented more accurately. Haugen explained that the revised budget will be available before the next Public Hearing. Whittaker said anyone can review the budget at the City Hall or buy one for $4.35. Gagne told the residents that his salary as a Councilmember is $150 monthly, and the annual total for the whole Council is $9,652. Park/Recreation/Beaches 30% increase Gagne said the City is just starting to develop Freeman Park, a 50 acre site with ballfields, etc. There is also a new park in the Southeast area, Silverwood Park,that the area residents want to see improved. The new hockey rink for Cathcart Park will cost $5,000. He said the Park Commission tries to "pinch pennies"; but, it takes a lot of money to improve and maintain the parks. Haugen said she has been encouraging the Park Commission for years to complete what we start. For instance, the City Council transfered $ 1~000 to the Park Capital Projects Fund to fence the ballfields to protect an investment of $100,000 in new ballfields and, she said the Park system has doubled in size; so we need additional equipment and another full-time employee to do the job right. Administrator Whittaker said there has been a 20% increase in our miles of streets. This means more plowing, street lighting, street maintenance, salt-sand, etc~ The person hired for parks will be used in Public Works in the wintertime to assist with this. Richard Carlson - Cathcart Drive - said they moved into Shorewood in 1978 and lived on Timber Lane, on the lake. Taxes at that time were $1,800. After 17 years, the taxes went up to $5,800. Then, they moved over to Cathcart and the taxes were $2,600-2,700, now they are up. Then they brought a property on Lake Linden Drive with taxes of $700+. They are now $2,900+. He said they bought a house for their daughter on Smithtown Road 5 years ago and the taxes have doubled. He asked if the City still gets a straight line percentage of each parcel each year? He asked where all the increased taxes from the new expensive develop- ments are going. -6- , MINUTES - MONDAY, .OBER 9, 1989 PAGE 7 . 8:00pm-PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET - CONTINUED Richard Carlson - Cathcart Drive - Continued Haugen said Shorewood is basically a bedroom community, and does not have a large income from Commercial property like some of the other cities do. Therefore, residential property owners bear the brunt. She said the tax base expanded over 15% last year because of the building, but the actual taxes, the City share, did not go up. She said the taxes you have to worry about are the school and the County, because they have increased. One resident said he would vote for an increase in property taxes if the City would hire a lobbyist to go to the County! Carlson said he works 65 hours a week now, and he doesn't want to have to work 75 hours a week for the rest of his life to pay his taxes. Haugen said she has gone to the Legislature every year and yelled in as many ears as she can about the property tax. The State should pay for the programs it mandates, the property taxes should pay for services related to property: roads, utilities, and City Government. She said if enough people go talk to the Legislature, loud enough, maybe eventually it will get through. Greg Stringer - 19710 Sweetwater Curve - said he has been in the Council's position himself, and he understands the position they are in tonight. He said Shorewood has lead the Twin Cities in the per parcel tax rate- head and shoulders above the rest-for the years he has been here. He asked if the working capital, the Contingency Fund, and raising the bond are issues that can be expected every year or if this is an issue that can be phased in over time. He also said the City should stop buying parkland. He thinks there are plenty of schools whose lands can be used as parklands with ballfields and so on. He doesn't think the City needs new ballfields that are not attached to school properties. Finally, he said, he would like the Council to explain to him the up to 24 month lag on property tax on new properties in the context of next year's budget. He said if we have grown this much, are we seeing the property taxes corne in now? Or are we going to see this year's growth corne in in terms of property tax receipts next year? He said the effect of all this is to discourage new growth. He thinks the City just has to control the budget. He said he had talked to Rolek and asked him whether he employed the zero base budgeting or the incremental budgeting technique. He said his answer was very clear, and it was incremental base budgeting. He said in his opinion every thing in the budget has to be justified. Haugen said she thought the budget items were gone through line by line. Rolek said they are. Administrator Whittaker said the budget increases are not incremental changes in established spending habits. There are new' expenses such as recycling, truth in taxation, tree removal-mandated programs that the City can not control. Whittaker pointed out that the City has never special assessed for street improvements, overlaying, sealcoating, other items that are often assessed in other cities. If you added the assessments that people pay in other cities to their -7- , MINUTES - MONDAY, ~OBER 9, 1989 PAGE .8 . 8:00pm-PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET - CONTINUED Greg Stringer - 19710 Sweetwater Curve - Continued property taxes, Shorewood's property taxes would be fairly modest. He said this budget attempts to set aside money for Capital Improvements that have been long talked about but never finished. We have a Capital Improvement plan for parks, but no budget for those improvements except the revenues that new homes generate through park donations. In 3-5 years most of the large buildable parcels in this City will be platted and developed. There won't be revenues from individual homes through park donations. We won't have a continually increasing tax base to pay for street improvements or to finish the parks that are already planned. We need to start putting $100,000 a year aside now so we can build up the fund gradually and avoid tax increases later. Whittaker said the City does not plan to buy more park land. Whittaker also explained the Conti~ency Fund. He said the Bond Rating will make a big difference over a period of time by reducing interest costs. Stringer said he was glad to see that the City realizes that the growth will stop, and he feels that now is the time to curtail the budget. Jim Pennington - 5860 Eureka Road - said he is one of the "new residents". He wanted to know who is on the Financial Committee. He said he would like to be on it. Stover said the members of the Committee have strong financial backgrounds. He said he noticed they have received a 15% increase and they spent it. He asked if they figure out how much they are going to get, then figure out how to spend it? Whittaker said that they had the potential, under State law, of a 20% increase, and they didn't do it. He said no, they did not make any attempt to spend all the money they could possibly get, in fact the City's never done that. Pennington said a 15% increase is very significant. He asked if they were serious about this? Stover asked him if he realized that his taxes were not going up? He said he asked Alan Rolek for a histogram and did not receive any information. He did say he came in at the end of the day and realized people were busy. He said a cap should be put on revenue increases. He said the bottom line is that the City is spending 15% more this year. Whittaker said the City has $4,500,000 of capital improvements that have been listed and never financed in this City. The $100,000 continge~cy fund, plus the original $50,000 from previous years, and State Ai~ Highway monies are going to help pay for . those improvements that we know have to be made. Collector streets are going to have to be improved in some areas, as are intersections. There will be improvements to the water and sewer systems, and lift stations. Engineer Norton said there are 14 lift stations. They were put in, in 1974 and have a life expectancy of 15 years, 7 of them are scheduled to be replaced 'this year at a cost of $20,000 per pump. Pennington said you have to start drawing the line somewhere. The Council reminded him that their taxes go up also. He said taxes are a concern and thats what he's here about. -8- MINUTES - MONDAy,~TOBER 9, 1989 PAGE 9 . 8:00pm-PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET - CONTINUED Mr. Vernaro - Seamans Drive - asked how much money was generated this year for parks. Staff left the meeting and returned saying 27 lots paid lot fees amounting to a total of $13,50U for 1989. Whittaker asked why he wanted to know? He said the City wanted more money for parks and he didn't think they know how much money they actually have. He also asked if the water system that the City has right now is self- funding, or if the general revenue is still paying for it. Mayor Haugen said the Badqer Well, because of the way the fundinq is done, is sub- sidized. Vernaro asked out of general fund how much is being spent currently? Whittaker said last year the accumulated total was $24,000, that was including debt service funds and emergency maintenance improve- ments that could not be supported by the water fund. Vernaro asked if , the City has reserves in the water department to cover maintenance costs, repair costs, and operating costs? Whittaker said no. Vernaro asked why? Whittaker said he wasn't here at the time but he thought it was because the Council felt it couldn't raise water rates sufficiently to build up that fund for future capital improvements. Vernaro said that everyone that does not live in one of these developments has been, and will continue to pay for the City water system. Whittaker said yes, unless ther~s a significant change in the policy, such as people being required to hook up, or systems are extended voluntarily to other resi- dents. Vernaro said he felt any water system in any municipality should be self-funding. Whittaker said they are; but, typically they have two other policies that Shorewood does not have. They either require every- one to hook in without the option of having your own well or the Council insists that the rates support the water system regardless of the affect on the users. The City has chosen not to do this. Vernaro asked why? Gagne said he thought it had been explored a few years ago, and the City was only allowed to charge so much. Vernaro asked why they didn't back up taxes for once. Whittaker said they have backed up 4 out of the last 5 years. Vernaro said he didn't believe it. Whittaker said the numbers are there. Vernaro said the City always has numbers. Jim Sullivan - 5800 Covington Road - said he is a recent addition to Shorewood. He said he feels what exists is a failure to communicate, and cited several examples. He referred to a letter that he received from Merrill Lynch Real~y stating that Shorewood is higher than all surrounding cities. He said he didn't think the residents particularly wanted to be the highest. He said the residents want the City to watch out for the residents. Haugen referred to past history, explaining how the City tried to keep the taxes down, and did so to the point where they ended up with two choices, either double taxes, or turn the City over to the State. The Council then doubled taxes, and has tried since that time to lower taxes. The Council explained the' budget process in detail to the residents. Jim Slaughter - 5570 Old Market Road - said he felt the residents need better information. He wants lower taxes. He asked if there is any- thing in the budget, or any contingency set aside, to open the inter- section of Old Market Road? Whittaker said no. He said, then, $1,000,000 will have to be raised in addition to the budget. Whittaker said the -9- MINUTES - MONDAY, ~BER 9, 1989 PAGE 10 . 8:00pm-PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET - CONTINUED Jim Slauqhter - 5570 Old Market Road - Continued the estimate received was half a million dollars, not a million. He said they have not reached any agreement with the developer of the pro- perty, or explored other alternatives. Whittaker said the hearing has been continued. Slaughter said we should assure ourselves that it won't be done as a burden to the taxpayers. Ed Post - 28050 Woodside Road - asked how much the tax base has gone up in the last 5 years? Rolek said it is difficult to say because they have changed the way they value property. Rolek said the total market value of the City is approximately $313,000,000. Post asked what tax capacity means? Rolek said thats what took the place of assessed valuation. Assessed valuation is a percentage of your estimated market value of your home. He explained how it was done 2 years ago. He said it was changed last year, and this is what makes it difficult to ex- plain. The Council agreed that it is difficult to understand. They said they have asked for simplification. Haugen suggested people contact their State Legislature and the Governor and stress simplification. Whittaker said the City will not know until the middle of November what the assessed valuation (tax capacity) of the City is. He said the next hearing will provide more information. Whittaker said residents should tell the City if it spends too much or too little on certain programs. He asked what level of service they want and what can you do without to lower taxes? What facilities do you want? How many acres of park do you want? Think about these things and let the Council know your feelings at the next hearing. Brancel suggested people review the budget done by Rolek, she said it goes back through 1987, and gives information people have been requesting. Brock Austin - Sweetwater - said he does have a copy of the budget, and he does have specific questions: Page 10 - 43 Working Capital He said in 87 and 88 there wasn't any working capital, but in 1990 there is $37,000. He said they were told earlier that there is a $100,000 contingency, and another $50,000 contingency on top of that, why? He said he would feel better if they had amended the budget if they had difficulty. The Council asked, with what? Stover said each of these contingencies is for different things. The Contingency Fund is for un- knowns. The working Capital fund allows the City to function without borrowing money. The Capital Improvement Fund is good planning. We can avoid raising the budget immensely in some future year. We can avoid bonding and interest to pay for capital improvements. Page 12 - 53 Subscriptions & Memberships He said he understands that the LMCD accounts for a large amount of this he asked if the other memberships are mandatory? Whittaker said the City belongs to the League of Minnesota Cities because they help the City lobby for the very things that are being discussed tonight. The City -10- MINUTES - MONDAY, &OBER 9, 1989 PAGE 11 . 8:00pm-PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET - CONTINUED Brock Austin - Sweetwater - Page 12-53-Subscriptions & Memberships - Con- tinued belongs to the Association of Metropolitan Municipalities because the City has concerns that are unique to a metropolitan community that we don't share with outstate communities, and they lobby very hard so we get an equal share of the State pie. The professionals belong to Pro- fessional Associations so they can enhance their skills to deal with changes. Page 22 - 62 Computer Equipment and Software Whittaker said that a system was purchased two years ago, an IBM System 36, that because of inadequate planning was not functional, Software for municipalities was not available. Now, working with a consultant, the City is trying to make the system functional in the most economical way possible. Page 12 - 35 Labor Relations Associates/Misc. Contracted Services Haugen said the City has a Labor Relations Company that represents the City in Union Negotiation, the Council members used to do it but things have gotten so complicated, involving changes in State and Federal laws, court decisions, etc. Page 14 - 62 Machinery and Equipment That was taken out of the budget. Page 16 - 37 Education for Finance Haugen said the Council wants the various people on the Staff to con- tinue to update their education. The staff rotates attendance at con- ferences. Page 18 - 44 Goose Roundup There was a goose problem and the City's contractor did 3 roundups in three areas. Page 20 - 62 Lettering Machine The City is also looking into Desktop Publishing to accomplish this. Page 30 - 62 Aerator and Seeder and Portable Air Compressor, and Re- serve for Future Equipment These are necessary, the Portable Air Compressor runs jack hammers, etc. The .$50,000 reserve is lower than it has been because some trucks have lasted longer than expected and much of the equipment is fairly new. Page 42 - 35 Contracted Tree Removal Diseased trees have to be taken off City property and boulevards. -11- . . MINUTES - MONDAY, OCTOBER 9, 1989 PAGE 12 8:00pm-PUBLIC HEARING: PROPOSED 1990 GENERAL FUND BUDGET - CONTINUED Brock Austin - Sweetwater - paqe 44 - 01 Full-Time Parkskeeper This is a new item - With the increase in developed park land and population growth, a new person is needed. Chuck Farrell - Glen Road He said he feels communication has been a problem and it has caused a problem. Mayor Haugen closed the Public portion of the hearing at 10:15 P.M. The City will inform the residents, as soon as they are informed of the date of the November Public Hearing. Watten moved, Stover seconded, to cancel the continuation of the Public Hearing on Monday, October 23, 1989. Motion carried - 5/0. REZONING AND PRELIMINARY PLAT - HEIGHTS OF ST. ALBANS BAY Applicant: Location: Gene Erickson S.E. quadrant of St. Albans Bay Road and Manor Road Rick Sathre and Gene Erickson were present. Stover said the information in the packet was based on the 2nd revision, but the Planning Commission heard a 3rd revision that the applicant brought to the meeting. The Planning Commission made a motion to re- commend approval of the rezoning with the conditions that lot lines for lots 5-8 be made more perpendicular with St. Albans Bay Road, the City Engineer consider requiring storm sewer for drainage/erosion control on the grade toward Manor Road, and the Developer follow the Planner's re- commendations. Watten and Gagne said they had received quite a few calls regarding this request. Planner Nielsen showed an overhead of the proposed project. He said that for that area, the Comprehensive Plan adopted in 1981 proposed low- medium density residential for the area bounded by St. Albans Bay Road/ Manor Road/Highway 7. It recommended 2/3 units per acre. He pointed out the square footage of the surrounding lots. He said the density works out to about 1.2 units per acre. Stover said she believed this plat should meet the Comprehensive Plan standards for the area east of Suburban Drive. Gagne asked how many lots you could get without rezoning? Nielsen said 7 without rezoni~g, 8 with rezoning. Haugen asked why it's important to have the lot lines perpendicular to St. Albans Bay Road. Nielsen said they try to make the lots as per- pendicular to the road as possible, also as perpendicular to the topo- graphy as possible to improve the drainage. He said the developer had been trying to plat the lots for best view of the lake. -12- MINUTES - MONDAY, eOBER 9, 1989 PAGE 13 . REZONING AND PRELIMINARY PLAT - HEIGHTS OF ST. ALBANS BAY - CONTINUED Brancel asked if there was any way to prevent the driveways from running through the lot, entering on one road and exiting on the other? Nielsen said he would check with Attorney Froberg. Rick Sathre of Sathre Berquist said he felt the logical driveway locations would be on St. Albans Bay Road because it is the higher road. He also discussed the cul-de-sac, saying he felt replatting would result in safer access as parcels would use one cul-de-sac rather than individual access to St. Albans Bay Road. Sathre discussed the proposed pond area. He said it is a retention pond, a watershed requirement. The runoff would drain into the pond and would slow down the flow. The pond would not hold water all the time, it would be a depression that would be available for ponding when needed. The pipe and pond would be maintained by the City. Planner Nielsen mentioned Spellman's concern over erosion in the ravine. The suggestion was that the Engineer should consider installing storm sewer part or all of the way down the ravine. A petition was received from neighbor's in the area objecting to the proposed rezoning. There were 35 signatures on the petition. Nielsen said from an overall planning standpoint, it makes more sense to plat the whole parcel than to do it piecemeal. He discussed the adjust- ments of the lot lines. Gagne moved, Stover seconded, to have the City Attorney draw a Resolution for Findings of Fact to allow 7 lots without a zoning change. Gagne withdrew his motion, Stover agreed. Gagne moved, Brancel seconded, to amend the Zoning Ordinance to RI-B. Sathre said the neighbors are afraid of the future. He said there are some very compelling reasons for approval, it could correct a very substandard lot, that its a transitional site to Highway 7, there's an opportunity to bring srveral landowners together into one project where problems can be overcome and it would prevent a hodge-podge. He suggest- ed tying the plat to zoning action. Walter Bean said he thinks the City needs a compelling reason for rezoning He said he has strong reservations about the City accepting the pro- posed road as a City street. He asked if a formal action would have to be taken to vacate "no name lane". Attorney Froberg said yes. He also pointed out that the existing house is on Lot 4, not Lot 5. He asked who would own the pond? Sathre explained the pond area, and how the water would enter and exit. Motion to amend the Zoning Ordinance to RI-B was denied by Roll Call Vote. 1 aye (Watten) - 4 nays. Brancel moved, Gagne seconded, to adopt Resolution No.85-89 to deny the Preliminary Plat as it does not fit the zoning of RI-A. Motion carried - 5/0. -13- MINUTES - MONDAY, 4ItrOBER 9, 1989 PAGE 14 . CONDITIONAL USE PERMIT Applicant: Location: Minnesota Cellular Telephone Company 5500 Old Market Road Brancel asked who was informed? Planner Nielsen said all residents within 500 feet, he said 61 notices were sent out. Brian Rogers was present to represent the Minnesota Cellular Telephone Company. He said they have a licensed service area that includes 10 counties. They have a problem because they do not have sufficient coverage in this area. He went on to talk about the St. Louis Park Water Tower. He said they have 6 22~" X 30~" antennaes on that tower, and this is what they are proposing for the Shorewood tower. He said the building would be a concrete structure 12' X 28' X 10' high. It would be surrounded by a chainlink fence. he said in May of 1988 there were 10,200 phones, by October of 1989 there were 20,000 phones. He said nationwide during that period the count jumped from 5.94 per 1000 to 9.1 per 1000. He said the site can carry 45 calls. There are 26 existing sites at this time. The interference complaints have been zero. The signal is 100 watts ERP. It's an FM signal. They are willing to pay a fair lease rate. ~augen said it is the worst looking building she has ever seen in her life and asked if they would propose a different type building. Brancel said she was told the structure would be partially underground and this is not shown. She also said they showed straight antennaes. Engineer Norton asked if they had contacted CBI about installing the antennaes on the tower. He said the holes proposed are quite large. Norton also a~ed about the radio interference, and if they had tested the frequency yet. Rogers said no, this would be done before the next meeting. Norton said it is important as radio signals are used to start and stop the pumps serving the water tower. Stover said there are a lot of questions that have not been answered. Rogers said the building is portable and bulletproof. The Council would like to see an aesthetically pleasing building, know about the frequencies, CBI's opinion, etc. Watten moved, Brancel seconded, to continue the matter until Monday, October 23, 1989. Motion carried - 5/0. SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING USE Applicant: Location: Herbert Mason 27010 Edgewood Road Herbert Mason-said he bought the property with two houses on it 17 years ago because it met the needs of his family. He said the two houses cover 10% of the land. He said he is aware of the nonconformity, and that the houses are grandfathered in, however he doesn't feel it is fair that he isn't allowed to make improvements. He explained how the gazebo -14- ~i~~Ti~ :'; MONDAY.CTOBER 9, 1989 . SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING USE - HERBERT MASON - 27010 EDGEWOOD ROAD- CONTINUED was built where it is. He said he would be willing to tear down his other accessory building on the property in exchange for retaining the gazebo. He said all his neighbors approve of the gazebo and think it enhances the property. Planner Nielsen said it is a nonconforming use and he doesn't feel the gazebo meets hardship requirements. Watten and Gagne both said the gazebo is a pleasing addition. Nielsen said the Council should decide if they would have allowed the gazebo if It were not already built. Stover moved, Haugen seconded, to instruct the City Attorney to prepare Findings of Fact for denial of the variances. Motion failed - 3 ayes - 2 nayes (Haugen and Stover). Brancel moved, Watten seconded, to direct the City Attorney to draw a Resolution showing Findings of Fact to approve removing the accessory building in exchange for retaining the gazebo. Brancel withdrew her motion, with Watten's approval. Brancel moved, Gagne seconded, to continue this issue until the 1st meeting in January 1990, with the explicit approval of the applicant, thus giving the Council time to consider an amendment to the Ordinance, permitting such accessory structures with non-conforming uses. Motion carried - 5/0. The Council is requested to give their suggestions regarding an amend- ment to the Ordinance to Planner Nielsen and Administrator Whittaker. SIMPLE SUBDIVISION/LOT COMBINATION - ROSE CHRISTIAN - RESCHEDULED OCTOBER 23, 1989 MATTERS FROM THE FLOOR - None STAFF REPORT'S CONTINUED Planner's Report Planner Nielsen reported that he has selected 2 finalists for the position of Recording Secretary. He said the pay scale would be $75. for meeting attendance and preparing minutes, if the meeting ended before 10:00 P.M., $100 after 10:00 P.M., and a $20 retainer fee if a meeting is not held. Taking Council minutes was also discussed at a rate of $150 per meeting as Council meetings are usually longer and more complicated. The Council agreed to ask the 2 finalists about doing the Council minutes. The selected per- son could back up Niccum and replace her in 1990 if necessary and the person writes good minutes. Gagne moved, Stover seconded, to have Planner Nielsen make an offer to the applicants for the position of Recording Secretary as pro- posed. Motion carried - 5/0. Finance Report Section 125 - Cafeteria Benefit Plan Proposed, FAB Recommendations Rescheduled until Monday, October 23, 1989. -15- MINUTES -. MONDAY, ~OBER 9, 1989 PAGE 16 . COUNCIL REPORTS Freeman Park Oil Brancel said the road at Freeman Park has just been oiled. She said she would not drive her car on fresh oil, and she wondered if there wasn't something else that could be used in place of the oil. She asked if other kinds could be checked. Shorewood Hiking and Biking Trail Stover said the City has been congratulated on the trail, people really enjoy it. Finance Board Stover said the Finance Board met, October 4 and reviewed the Budget, the Section 125 Plan and the Tax Increment Financing. Friday the 13th Haugen reminded everyone about joining her on Friday, October 13th. Celebrate Minnesota Haugen said the City can purchase "Celebrate Minnesota" signs for $42 a sign. Legislative Meeting Haugen said the AMM meets on November 2, 1989. LMCD Meeting - December 2, 1989 Haugen asked the Council to save all day on Saturday, December 2, 1989 for a LMCD meeting, they will be handing out Lake Management plans to the cities. APPROVAL OF CLAIMS AND ADJOURNMENT Watten moved, Brancel seconded, to approve the claims for payment and adjourn the Regular Council meeting at 12:30 A.M., on Tuesday, October 10, 1989, subject to approval of claims. GENERAL & LIQUOR FUNDS - Acct No. 00-00166-02 General Checks #3097-3179 $ 105,521.94 Payroll Checklist: Checks #203413-203457 Liquor $ 33,924.83 TOTAL $ 14,214.51 $ 119,736.45 $ 2,925.05 $ 36,849.88 RESPECTFULLY SUBMITTED, Jan Haugen, Mayor Susan A. Niccum, Deputy Clerk -16- ... . . MAYOR Jan Haugen CCUNCl L K risti Stover Robert Gagne Barb Brancel Vem Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEl10 TO: FR: DT: The City Council Larry Whittaker October 19, 1989 RE: Consent Agenda, October 23 meeting ITEM 3.A. Resolution Making Appointments: At the last meeting, you adopted Resolution 83-89 combining the offices of City Administrator and City Clerk and combining the offices of Finance Director and Treasurer. That Resolution did not, however, did not appoint anyone to those posi- tions or to the positions revised by that action: Deputy Clerk and Assistant Clerk. "A Resolution Making Appointments to Certain Offices and Positions" completes the reorganization. The only task remaining is to review the revised job descriptions for these positions. I'm still working on these. ITEM 3.C. Permanent Appointment of "me": I have asked the Department Heads to share their thoughts on my permanent appointment with you - confidentially. Their recommendation will be sent under separate cover. I would also like to reflect on this some - and would encourage you to delay the decision until the November 6 workshop if you have any reservations what-so-ever. I thinle it would be good for us to dis- cuss performance, responsiveness, style, and competence at that more in- formal meeting. It is hard to believe that manly six months...We have: 1. Settled with the Union and averted a strike; 2. Contracted with a new recycling company and kept that program going; 3. Completed the reconstruction of the ballfields in Freeman Park; 4. Developed and adopted a Pay Plan for all of the employees - and completed performance reviews; 5. Virtually completed the Comparable Worth study;- 6. . .Found a temporary solution to our animal control problems by contracting with the City of Chanhassen; 7. Approved & preliminary budget for 1990 despite the uncertainty of State regulations - a budget which includes, for the first time, a specific commitment to a Capital Improvements Program without a significant increase in individual property taxes; r 8. Reorganized and redefined four positions to better take advan- tage of employee skills and more clearly delineate lines of res- ponsibility; A Residential Community on Lake Minnetonka's South Shore 3 . . MEMO, Consent AgeDda October 19, 1989 Page two We have also: 9. Worked hard w~cn the Park Commission to define the capital improvements needed to complete the park system - as well as developed a survey to assess S.E. Area residents preferences for Silverwood Park; 10. Worked even harder to assess the impact of Waterford III on the S.E. Area and the ways to meet the traffic needs of that area; 11. Enjoyed our first goose round-up; 12. Layed some groundword for a comprehensive Capital Improvements Program and assessment policy; 13. Completed a Special Census to qualify for State Highway Aids; 14. Improved the Light-rail transit right-of-way to the great ap- proval of many residents; 15. Maintained the funding for the Senior Citizen Center and Housing Rehabilitation despite the allocation of CDBG funds to the Special Census; 16. Almost completed the assessment of our computer needs; 17. Developed a Cafeteria Benefit Plan (Section 125) for Council review; 18. Agreed to offer Dental Insurance to all employees; 19. Completed the review and appointment of three new employees; 20. Transferred Utility Billing to the Finance Dept. - cutting the delay in billing by six weeks; 21. Defeased and refinanced several bond issues freeing funds for long-needed capital improvements and reducing our interest expense; 22. Negotiated new contracts with the City of Mound - for Fire pro- tection, the Assessor - for 1990, Tonka Bay - for water service, and Excelsior - for the lease on the SLMPSD building; 23. Provided for the preservation of the ponds in Amesbury while protecting the groundwater and drainage systems; 24. Reorganized and/or built much of the central filing system; 25. Lobbied for property tax reform; 26. Fixed the persistEnt erosion problem on Lindilien' s property; 27. Established a contract file; 28. Begun discussions with adjacent cities on joint Public Works ventures; 29. and converted the old kitchen into a chain-smoking section, as it was always intended. This has been exhilarating and satisfying for me - especially since the "we" - who have accomplished all of this - is the City Council and the Staff...with the advice and assistance of our Advisory Commissions and Professional consultants. "We: haye an exceptional group that, I believe, is becoming a team. And, "we" have been able to list all of these things in addition to the ongoing activities we are ,each and collectively responsible for. "W~'have even been able to do this with me typing some of my own Memos. However, the list may ndt address the most important concerns you have in appointing a City Administrator. It touches on performance and res- ponsiveness - and perhaps competence. It may even hint at style - but not as much as the way this Memo is written and typed. But, it doesn't . . MEMO, Consent Agenda October 19, 1989 Page three - and the last page, I promise evaluate the most important elements - which are, I believe, "comfort" with my approach to the job; confidence in the actions, decisions and recommendations coming from this office; approval and appreciation of the ~elationships which a~e developing between us and between ~e and the staff, the Commissions, and the consultants; and, satisfaction with the performance of everyone concerned - including me. I feel we are doing very well in all of these areas and we have even better things to look forward to. However, I would appreciate your feedback and, ultimately, your support for my permanent appointment. I think it is very important that you feel this is a good fit and that it can only get better. With your support and comments, I would like to continue as your City Administrator until and after you consider the "Permanent Appointment of "me"." Thank you. I have certainly enjoyed serving you and the City of Shore- wood. . . RESOLUTION NO. A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WHEREAS, the City Council, by Resolution No. , adopted on October 9, 1989, combined certain positions and offices uithin the City of Shorewood; and WHEREAS, the Council desires to make appointments to fill said positions and offices: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horewood as follows: 1. That Laurence Whittaker is hereby appointed to the position of City Administrator/Clerk. 2. T hat Alan Rolek is hereby appointed to the position of Finance Director / Treasurer. 3. T hat Sandra L. Kennelly is hereby appointed to the position of Deputy Clerk. 4. That Sue Niccum is hereby appointed to the position of Assistant Clerk and Administrative Assistant for Parks. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1989. Jan Haugen, Mayor ATTEST: Roll Call Vote: A yes - Nays - 0/1 . r"')'\'\)~ ~:~~~n& "'flJi.!'1.fFJ '''",,;a Associates, Inc. . 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners October 18, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Strawberry Fields Plat Strickland Ventures II Shorewood, Minnesota OSM Comm. No. 1744.93 Dear City Officials: The Developer on this project, Ms. Nancy Strickland Balogh, has requested a reduction in the letter of credit. Based on the amount of work done to date, which is primarily the sewer work at a cost of $32,547.00, I recommend a reduction of $48,820.50 (150% of $32,547 = $48,820.50). I understand the Letter of Credit is currently $100,000 with the First National Bank of Wayzata. On a separate issue concerning this plat, the Developer has requested postponing placement of the Peach Circle Road Base from her scheduled August 31, 1989 date to the summer of 1990. I have no problem with this request, however, the construction area of Peach Circle must be left in a well graded condition to eliminate ruts and depressions which could inhibit proper runoff in the spring and pose a potential hazard this winter. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ f.1~ ~~ames P. Norton, P.E. City Engineer JPN/cmw 10/89-74 cc: Mr. Phil Tipka, Resident Inspector Ms. Nancy Strickland Balogh Mr. Bill Engelhardt, Engelhardt Assoc. Mr. Glenn Froberg, Attorney Mr. Frank Jedlicki, F.F. Jedlicki Mr. Kevin Gannon, Aero Asphalt 313 . Q')5';vt. ~elen ". . '" Mayeron& , "' Associates, Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 . Engineers Surveyors Planners October 17, 1989 City of Shore~ood 5755 Country Club Roarl Shore.o~d, Minnesota 55331 Re : Cu~b and Gutte~ - St~awbe~rY Lane OSM Co~. No. 1744.20 City Council : Enclosed are four (41 copies ofCon~truction P~flent Voucher No. 1 & Final on the referenced project in theaaount of $ 3.700.00. Pursuant to ou~ field observation. as performed in accordance with ~ur contract. we hereby ce~tify that the ~terials are ~atisfactory and the work properly perfor.e~ in a'cordanc~ with the plans and s~cific~ti~ns. Upon receipt of affidavit. State of Minnes~ta For. 134. and also Receipt and ~iver of Lien Ri~hts fro~ Wi~.er. Inc.. please make paY~nt to Wid.er. Inc.. P.O. Box 219. St. Bonifaciuos. Mn. 5.~175 at your earliest convenience. Very truly yours. OOR-SOELEtH'tAYERON ~ ASSOCIATES. INC. ~-P 1~ ~me5'P. Norton,P.E. Project En~ineer "IPN: RC\D " Enclosures: cc: Widmer. Inc. 3D '. P._.' "'._& ... .<: .,.".. .. .oJ. _..: t..: I .~ .L _~ .~ .......... > .. - .." ~ . . " ,.~..,' .'....,.,.....;-:'",..:........,'T'."'..-..."." -- r - . . ESTlI1ATE VOOCHER NO. 1 &: FINAL ('.QNTRACTOR : Widmer, Il'1c. P.O. Bf!X 2\9 St. Bonifacius, Mn. ~~37b 1M2) 446-1495 DATE : October 17, 1989 Curb and Gutter - Stra~berrY Lane for the City of Shore~ood, Minnesota Itelt No. Ite. Work COIllPletf'd Contract This Amount Quantity Unit Unit Price Total Price Month Thj5M~nth Total to Dat~ Quantity Total Price 1) Curb and Gutter - Stra~berrY lane 1 loS. 3,700.00 3,700.00 1 3,700.00 Work Co.pleted : September 30, 1989 Pa.~f' 2 of 2 1744.20 .. ... Esti~t~ Voucher No. 1 It Fl. CONSTRlCTJON PAYMENT & Date Octob~r 17. 1989 For Period Endin~ : ~ptembpr 30. 1989 Project No. : Class of Work : Curb and Gutt~r - Strawberry Lan@ -------------------------------- LocatiCln To: Widmer, Inc. P.O. Box 219 St. ~onifacius. "no 55376 (612) 440-1495 For Citv of Shorewood. "innesota A. Orj~inal Contract AlClunt s 3.700.00 B. Tot~l Additions $ 0.00 C. Total Dechlctions s 0.00 D. Total Funds Encuabered s 3.700.00 ------------------------ E. Total Value of Work Certified to Date $ 3.700.00 F. Less Retained Percenta~e % $ 0.00 ------- G. Less Total Previous Pavl@nts s 0.00 H. Approved for PavDent. This Report $ 3.700.00 I. Total PaYmfnts IncludinS This Voucher $ 3.700.00 .J.BaI~nce earrJed ForllJard ..0.00 APPROVALS . (m-SOEI..EN-I'tAYERON Ie. ASSOCIATES,lNC. Pursuant to our field observation. as perforled in accordance with Clur contract.~e hereby certify that the materials are satisfactory and the work properlyperforaed in accordanc@ with the plans and specifications and that the total work is 100 1 cOIlPleted as of . Septelllber 30. 1989.. Wt herebvrecollllendpavlllent of this voucher. This is to certify that to the best of .y knowled~e. information, lnd belief. the ~uantities and value~ of work certified herfin is a fair approxi~te estimate for the period cClverpd bvthis VClucher. Contractor : Widlller. Inc. Si!!ned BY - -SI'~'d~~,7/~ Si!!ned : Ci tv of Voucher Chfcked BY: .Dde Ilite Pa!!e 1 of 2 1744.20 . ~~ '"',___',''''__'"'_~,~''' .. ."-,~.~'",._,,__,,,~,~.. '.'M'.~"'_.""'__'N . Orr Schelen Maveron & ..,sA AsSociates, Inc. . OCT , 9 \389 202\ East Hennepin Avenue Minneapolis, 7\1:\ 55-\13 6\2-33\-8660 FAX 331-38Co Engjneers Survevors Piann~rs ucrooer l~, 1989 City of ShorewQod 5755 CQuntr~ Club Ro~d Shorewood, Minnesota 55331 Re SEWER TELEVISING arid REHABILliAiION Project NQ. 89-2 OSH C~@i" No. 4419 City Council Enclosed ar~ four (4) copies of Construction Pa)~ent VQucher No. 1 Qn the referenced prQject in the a~ount of $ 22.814.97. Please make payment in a~ount of $ 22.814.97 to Visu Service Clean ~ Seal, Inc., 2849 Hed~eY 01'., MinneaQPlis. Mn. 5.5343-994 at your e~rliest convenienct.'. Very truly yours, ORR-SCHELEN-MAYERON & ASSOCIAiES. INC. J ~-p. r;~ ~mt.'s P. NQrton,P.E. Project E~gineer ,fiN: RGD Enclosures cc Visu Service Clean & Seal, Inc. dE . GONSTRlCTION PAYMENT V(~ ~sti~~te Vouch~r No. Date October 18, 1989 For Period Endjn~ : September 29, 1989 Project No. 89-2 -------------------------------------------------------------------------------------------------------- Class of Work: SEWER TELEVISING ~nd REHABILITATION -------------------------------------------------------------------------------------------------------- To: Vi;u Servici' CI....r' t. Be...l. Inc. 2849 H..rib~y Diiy~ Minneaoplis, Mo. 55343-9940 (612) 593-1907 Location For CITY OF SHOREWOOD, MINNESOTA A. Orisinal Contract ~ouot $ 24,600.90 ------------------------ B. Total Additions $ 0.00 ------------------------ C. Total Deductions $ 0.00 ------------------------ D. Total Funds Encu~bered $ 24,606.90 E. Tot~l Value of Work Certified to Date $ 24,015.76 F. Less Ret~ined Percenta~e C" ,j i. $ 1,200.79 G. Less Total Previous P~Yments $ 0.00 H. Approved for Payment, This Report $ 22,814.97 1. T ot~ 1 PilYlDents Inc I udins This VOllcher $ 22,814.97 J. Balilnce Carried Forlllard $ 1,791. n APPROVALS ==============----========--======--==================================== ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Pursuant to our field observation, as perfotmedin accordance with our contract, we hereby certify that the materials are siltisf~ctorY and the work prop~rly performed in a(cordanr.e with the pl~ns anq sp~cifir.~tions and that the tot~l work is 98 7. completed as of September 29, 1989 . W~ her~by r~co~nd paY~ent of this voucher. Construction Observer Si,,,d :-J-~ f>. 4~- Sisned : ----------------------------------------------------------------------------------------------------------------------- This is to certify that to the b~st of my knowl~dge, inform~tion, and b~lief, the ~uantities and valu~s of wurk certified h~rein is a fair approximate estimate for the period covered by this voucher. Contractor: Visu Service Clean & Se~l, Inc. Signed BY ---------------------------------------------- Diite : Title ---------------------------------------------- ====--=========================================--=========--===--=--==== Ci tv of VOIJch~r Checked fly : Shorewood Approved for payment ------------------------------------------- Authorized Representative Date Date --------------------------------------------- Page 1 of 2 4419 E~tia~te.Voucher N~. 1 . CONTR. : Visu S~rVl(f Ci~an ~ Seal. Inc. 2849 ~db€'y Dr- i'Ie Date: October 18, 1989 Minof'aoplls. Mn. 55343-9940 16Pl 593-190i SEWER TELEVISING and REHABILITATION PROJECT NO. 89-2 for the CITY OF SHOREWOOn, MINNESOTA Contract Date : Work co~pleted : Work Started Completion ~te Septemb~r 1~, 1989 lID I-(). ITEM WORK COMPLETED CONTRAl.i Tn I S rii'lOUNT QUAI'4'TITY UNIT UNIT PRICE TOTAL PRICE I"(jNTH THIS MONTH TOTAL TO DAiE QUANTITY TOTAl PRICE ---------------------------------------------------------------------------------------------------------------------------------- Miin Line Jet Vacuum Clearins and Television In~pe(hon 1) 9" Diameter Sewer 15000 L.F. 0.49 7,350.00 12787 [-,,265.b3 12787 6,265.03 2) Test 9. Joints 1000 EA. 10.00 10,000.00 1155 11, 5..10. 00 1155 11. 5""J). 00 3) Seal 9" .Joints 690 EA. 0.01 6.90 13 0.13 13 0.13 4) Lateral Television 50 EA. 10.00 500.00 0.00 0.00 5) Inspection - r~nhole Inspection 60 EA. 100.00 6,000.00 62 6,200.00 67. 6,200.00 0) Re-Television Inspection 3000 L.F. 0.25 750.00 0.00 0.00 --------- ------ ----- Total Bi~ __________________________________ ----$ 24,606.90 S 24,015.76 $ 24,015.76 Pa!ie 2 of 2 4419 a . 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 NEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 27 SEPTEMBER 1989 RE: CHRISTIAN, ROSE - SIMPLE SUBDIVISION/COMBINATION FILE NO.: 405 (89.29) BACKGROUND Ms. Rose Christian proposes to purchase approximately the southerly 150 feet of the lot located at 5830 Brentridge Drive and combine it with her property located at 5905 Howard's Point Road (see Site Location map - Exhibit A, attached). Both properties are zoned R-IC, Single-Family Residential. Ms. Christian's property currently contains approximately 22,236 square feet of area. As shown on Exhibit B she proposes to buy 7550 square feet of the lot immediately east of hers. As a result of the division/combination her lot will contain 29,786 square feet and the Brentridge lot will be reduced to 32,656 square feet in area. ANALYSIS/RECOMMENDATION According to Ms. Christian she is buying the property east of hers to ensure that nothing will be built there. In addition to controlling the property it increases the buildability of her lot. By the same token the piece being conveyed was virtually useless for building purposes. Since the Brentridge lot has existing drainage and utility easements on it, a public hearing has been scheduled to vacate the easement on the parcel she is buying. That hearing will be conducted by the City Council on 23 October. New easements must be established 10 feet on each side of each rear and side lot line of the newly configured lot. A Residential Community on Lake Minnetonka's South Shore ;e,;< tl. -:/ - """ t"\. ~.,. ... J'_.r~~..;v -.....,..._ ~..._ .... ~.- .-- . I ,'" J . ~ ::'~"'.':._.'..~ . _..~.,., SCALE IN FEET 30 0 30 60 . . .....;... , \ \ \ '2.5 , N ~ s e.3"3"S'!t"W 1,69.82. "0 _ ------- --j'Q o --t- I t>i'l 10\-- 11"1" \ I . - Q:.to ~ '0 '0 \ ~ I 0 ~o I \ g: € ~ I ~-O f \ ~ ~_ I ~ I \ S I I~ ~ I ~ /g \ I w iIJ I w; 0 \ I ~~ M \ I o~ \ I \ I \ c' f \ ~.) I \ "'1 I I ' t> 1'0 \ 00" " I 4'-.j:o \ bt J? I 0.0 I r" C \ \ i r. \ \ \'0 10 \ \ .~. .- , ......,:~.!..V~.J , . 1'33.5'0 \' ", ,. .... ....,.. 1 . . ~. Exhibit B PROPOSED DIVISION/COMBINATION . . RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD TO VACATE 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 4th and 11th day of October, 1989; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood has heard all interested parties on the question of vacation at a Public Hearing on the 23d day of October in the Council Chambers at the City Hall, and the Council has determined that vacation would be beneficial to the public interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that in accordance with Minnesota Statutes, a certain drainage and utility easement hereinafter described, is hereby vacated: The west 10 feet of the following described parcel: That part of Lot 8, Block 1, B RENT RIDGE, Hennepin County, Minnesota, described as follows: Beginning at the southwesterly corner of said Lot 8, Block 1; thence easterly, northeasterly and northerly, along the northerly, northwesterly and westerly line of Brentridge Drive, on a tangential curve, concave to the northwest, having a central angle of 92 degrees 39' 32", a radius of 43.34 feet and a length of 70.09 feet; thence continuing, tangent to said curve, N 13 degrees 54' 15" W a distance of 58.63 feet; thence on a tangential curve, concave to the east, having a central angle of 6 degrees 13' 34", a radius of 420.00 feet and a length of 45.64 feet; thence S 78 degrees 45' 29" W a distance of 63.96 feet to the northeast corner of said T R ACT J; thence S 20 degrees 00' 00" E, along the easterly line of said T R ACT J and the westerly line of said Lot 8, Block 1, a distance of 151.30 feet to the point of beginning. BE IT FURTHER RESOLVED that the City Clerk is direc~ed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23d day of October, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Vote: A yes - Nays - -6b . . RESOLUTION NO. -89 A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY \"lH ERE AS, Rose Christian (C hristian) is the OHner of certain real property in the City of ShoreHood, County of Hennepin, State of l-finnesota, legally described in Exhibit 1, attached hereto and made a part hereof; and HHEREAS, ShorevlOod Oaks Development, Inc. (Shcre't'lood Oaks) is the owner of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit 2, attached hereto and made a part hereof; and WHEREAS, Christian and Shorewood Oaks have applied to the City for a subdivision and combination of said properties to form Parcels A and B, legally described in Exhibit 3, attached hereto and made a part hereof; and WHEREAS, Christian and Shorewood Oaks and all other parties holding an interest in the said real properties have agreed to grant to the City certain drainage and utility easements legally described in Exhibit 4, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by the Applicants comply in all respects with the Shorewood Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horewood as follows: 1. T hat the real properties legally described in Exhibits 1 and 2 be subdivided and combined to form Parcels A and B, legally described in Exhibit 3. 2. That the City Clerk furnish Applicants with a certified copy of this resolution for recording purposes. 3. That Christian and Shorewood Oaks record this resolution, together with the drainage and utility easements legally described in Exhibit 4 with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of October, 1989. Jan Haugen, Mayor ATTEST: City Clerk Roll Call Vote: A yes - Nays - 5C!- , . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb B ranee I Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 OCTOBER 1989 RE: CEDAR HEIGHTS - FINAL PLAT FILE NO.: 405 (88.50) Kelly Bosworth requests approval of a final plat for Cedar Heights (see Exhibit A, attached). Based upon review of the plat and the requirements imposed when the preliminary plat was approved, the following should be considered: 1. The road has been shortened a bit which will result in less site alteration and lower construction costs. Although lot lines have been adjusted somewhat, all of the lots exceed the minimum size requirements for the R-IC zoning district. 2. Plans and specifications for the private road, utilities and grading have been submitted. Approval of the final plat should be subject to the City Engineer's and Chanhassen's City Engineer's recommendations. 3. The applicant has submitted easement documents for the road, utilities and drainage. These are subject to favorable review by Shorewood's and Chanhassen's City Attorneys. 4. Prior to release of the final plat, the applicant must provide one letter of credit in the amount of 110% of the cost of utility construction (for Chanhassen) and a second letter of credit in the amount of 150% of the cost of all other improvements (for Shorewood). 5. The plat should be changed to show the private road as an outlot. 6. The applicant must provide copies of any declaration of covenants and homeowner's association by-laws, etc. relative to ownership and maintenance of the private road and sewer. A Residential Community on Lake Minnetonka's South Shore 6{'2. . . Re: Cedar Heights Final Plat 5 October 1989 7. The applicant must pay park dedication fees in the amount of $1500 prior to release of the final plat. o. The applicant ~ust a~;isa the c~ty C:e=k hew he wis~es to tave seke= eu~alization charges spread against the lots. Subject to these requirements, it is recommended that the City approve the final plat and enter into the development agreement prepared by the City Attorney (this agreement will be forwarded to you under separate cover). BJN: ph cc: Larry Whittaker Glenn Froberg Jim Norton Kelly Bosworth - 2 - , , "3 ~ I I I I I I .. No Y'"t h 5 eA- 5Q' 51" E ---- t80.0l--- ~ 2 I eo. CO GEDAR . HEIG II 0/ , ~ , 0 I :l . , <( ~ 'J ,- ~~O -..'2 -ce S"Z c.. N 0 -7 . IL - 1/:_ o o,!! C) ~ ILl Z 2 /) 1_ ) - ~ ~ j LLl u1 III 0~ 5 ~. Sq' ~I" E. -- - 228.22. --- I I '3' I ~a -~ :ci b~ . -,"Z . '.' ---,,' I' I , / 8 ICi ~ .lL/"'\ ~E.T ?U~NT,:'r TO 'TOa.Q.~~ . 1 : ,C"A~e. NO. te4-,q. i----------l----T \ z I I 0 I I I I :- ,/ I 0 o / I ~ J I I I I I 3 I' , ~ ~ I, :III l~ I: 81 17 I~ ~I I' < I~ ~ I I /:0/)/ ~ I I I 1ft I I / I I '0 I / -HI I /- I N I I q j! C' I ~ / .... I~ ~ I ~: \l_________________J~: ~ .' 2"4.~8 ' : I ~ .' ~ ~. ~2' 54 E : / /~)~""~------T--------l! I / C:J<VPl~ .../ ~~~ - ../ II / ~ ",. ~> ~~V' / : ~.'~ .,~~ / 18 lfi' ~ ~ . / I 1$ 1// :-,- / 11 ~ i\ .r I I , ' "IIAJ"I ' / I , I ,..::, I \ i f i ,_l _.....:-..:_:~82.~~-.:....____ ___--=-~ ~ ,. ___...' 'ZS~ "..... ,.------ ---- .' , -.. ... . 4 r------- I I I I I I I I I I I I I I I - - -- 408.2.2. , " 5 SA~5t 51 E.---- --- --- -7 4_ L!..l -- ..> <1: :c - L...J c> C' -,. c..~ ;;: n I.' It I. L 1 1 : l: s .l; '>c .... . ::> "s G 'f ',\01 N H : :3 ,C [ .iI , N .~ .s \l 1 II N M . . 1I ',1 J I' 5. LINe. OF LoT 1:zA., Au.o'T05t.~ SU8p""~'ON NO. 12.0. ..l L./"\ .5 E. T PI.lR:'J uAN ' :! TO'Tr---". ---- NO. .. ,..- I" ') -- r:' 1\ . L_ .-, t"_ 1\ ,.... 1\ ,.' r...) f: ~ M ..",; I \ L- ....' Exhibit A CEDAR HEIGHTS FINAL PLAT , ~ " I . C ITY ~ FflLE CQ~Y CHANHASSEN U 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 ..... . I'''' ",4 . . (612) 937-1900 '! '~I~IS!r:;.or ...'....;.:~~ "----- ~, .'- ... !-lE!-10RANDUH TO: Don Ashworth, City Manager G';;\\-~ . ---CJL,..LU'i_ . ,^-:".:':~ ..; . ~ ..',i".';!c:".~ FRO!-l: Gary Warren, City Engineer ;-";-: ~:i~':" :;"'_~ :; ~.\:T. DATE: September 21, 1989 .----9b.~/~1 ..- SUBJ: Consider Utility Service to Shorewood and Approve Plans Kelly Bosworth File No. 89-21 (pvt) Cedar Heights Addition, and Specifications The attached plan sheet calls for the extension of sanitary sewer and water service into the Cedar Heights subdivision in Shorewood. As noted, this crosses the City limits into Shorewood. This parcel is unable to be serviced with utilities from Shorewood and, as such, plat approval has been delayed until the applicant, Hr. Bosworth, receives approval from the City of Chanhassen for sewer and water service. As noted in the attached August 18, 1989 correspondence from the City of Shorewood, the City of Shorewood has no objection to Chanhassen providing this service nor maintaining these utilities. Previous approval for this service had been provided although it was ambiguous as to whether water service was included. The roadway would remain as a private drive as noted; however, the sanitary sewer and water- main would become City of Chanhassen utilities for repair and maintenance. Obviously, the appropriate trunk charges and useage fees would also be collected from these respective properties even though they would lie in Shorewood. It is therefore recommended that the City Council approve the extension of City sanitary sewer and watermain to service the Cedar Heights subdivision in Shorewood in accordance with the attached plan dated August 11, 1989 with the following conditions: 1. The utility construction shall be in accordance with the City of Chanhassen's standard specifications. 2. Appropriate utility easement (attached) be provided to the City of Chanhassen for the sanitary sewer and watermain lines. (p . . Don Ashworth September 21, 1989 Page 2 3. Appropriate storm water drainage easement (attached) be pro- vided to cover the storm water ponding area. 4. Appropriate roadway easement (attached) be provided to allow fer access to utili~ies fer iliaintenance. 4. Appropriate permits be obtained for this construction from the Watershed District, Department of Health and the Metropolitan Waste Control Commission. 5. The developer enter into a development contract with the City for the installation of these utilities and provide the City with the necessary financial security called for. 6. Extension of these utilities is to service no more than three (3) residential single-family lots. Attachments 1. August 18, 1989 letter from the City of Shorewood. 2. August 31, 1989 letter from Kelly Bosworth. 3. utility easement. 4. ponding easement. 5. Roadway easement~ 6. Cedar Heights plat. 7. Plan sheet dated September 11, 1989. c: Kelly Bosworth Bradley Nielsen, City of Shorewood . . RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF CEDAR HEIGHTS WHEREAS, the final plat of Cedar Heights has been submitted in the :::.armer required for the plattit'1g of land under the ShoreHood City Code and under Chapter 462 of 1.1innesota 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 la':vs of the State of !.!innescta and the City Cede of the City of Shore..V'ood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of ShoreNood: (1) That the plat of Cedar Heights is hereby approved. (2) T hat the approval is specifically conditioned upon the terms and conditions contained in the attached Development Agreement between the developer and the City of Shorewood and the attached Development Contract with the City of C hanhassen. (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 final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the lvIayor 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 ':vith lvIinnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this of , 1989. day Jan Haugen, Mayor ATTEST: City Clerk Roll Call Vote: A yes - Nays - (! . . Draft: 10/10/89 CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPHENT AGREEHENT CEDAR HEIGHTS THIS AGREEMENT, made this and between the CITY OF SHOREWOOD, a hereinafter referred to as the "City", and referred to as the "Developer". day of , 1989, by Minnesota municipal corporation, Kelly Bosworth, hereinafter WHEREAS, the Developer has an interest as contract purchaser in 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, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development preliminary plat of said land, said plat to contain approximately five acres divided into 3 lots, and to be known as Cedar Heights; and WHEREAS, the City Council by its Resolution No. 160-88 passed on December 12, 1988, has approved the preliminary plat of the subject property; and WHEREAS, the the Developer has made application to the City to be allowed at Developer's expense to construct all surfaced streets, curbs, gutters, required landscaping, storm sewer and surface water drainage facilities, street signs, sanitary sewer facilities and underground electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements. NOH, T HEREFO RE, in consideration of the foregoing premises and acceptance by the City of the final plat of Cedar Heights, attached hereto and made a part hereof as Exhibit B, the City and the Developer agree as follows: 1. IlvIPROVEMENTS INST ALLED BY DEVELOPER WITHIN THE PLAT. 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 following improvements: a. Grading, stabilizing and bituminous surfacing of private street; b. Integral shoe formed bituminous curbs and gutters; c. Sanitary sewer mains; d. Storm sewer and surface water drainage facilities; e. Municipal water mains; . . f. Street name signs and traffic control signs. g. Required landscaping. It is understood that the City of Chanhassen has agreed to provide sanitary sewer and municipal water service to the plat pursuant to a development contract with the developer. All provisions of this agreement relating to sanitary sewer and municipal water mains shall be subject to approval by the City of Chanhassen. It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 2. IMPROVEMENTS INSTALLED BY DEVELOPER OUTSIDE THE PLAT. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment necessary to extend a private street in a northerly direction from Koehnen Circle, in the City of Chanhassen, to the boundaries of the plat. It is understood that such extension shall be constructed entirely within an easement right-of-way, and that the Developer will obtain at its own expense all temporary or permanent easements required from adjoining property owners necessary to complete such extension, and thereafter provide the City with a right-of-access easement thereover. 3. ST ANDARDS OF CONSTRUCTION. Developer agrees that all of the improvements set forth in Paragraphs 1 and 2 above shall equal or exceed City standards for private streets, 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 said work shall be subject to final inspection and approval by the City Engineer. 4. MATERIALS AND LAB 0 R. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith 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. 5. SCHEDULE OF WORK. The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work shall be performed in one phase to be fully completed by Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. -2- . . 6. SANITARY SEWER, STORM SEWER FACILITIES, STREETS, WATERMAINS a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of sanitary sewer, storm sewer and surface water drainage facilities in said plat, and streets, curb and gutter and watermains within and outside of the plat, said plans and specifications to be subject to the final approval of the City Engineer. b. A s- 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 facilities within and outside of the plat. c. Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and watermains within and outside of 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. e. Private Street. It is understood that the private street outside the plat (Belle Road) and the private street within the plat, including the cul-de-sac (Outlot A) shall be maintained by the Developer or his successors in interest, including the appropriate homeowner's association and will not be accepted or maintained by the City until such time as it is brought up to City standards for public streets. 7. STAKING, SURVEYING AND INSPECTION. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection. 8. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at its 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 within 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. STREET SIGNS. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. -3- . . 10. AC CESS TO RESIDENCES. Developer shall provide reasonable access, including temporary grading and graveling, to all residences under construction. 11. OCCUPANCY PERHITS. The occupancy of any new structure on any lot within said plat shall be prohibited by the City until the streets shall have been graded and surfaced with class 5-100% crushed material and municipal sanitary sewer lines shall have been installed and are available to serve the lot for which the building permit shall have been issued. 12. FINAL INSPECTION. Upon completion of the improvements set forth in Paragraphs 1 and 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work 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 approval by the City. 13. REPLACEMENT. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. 14. RESTORATION OF FACILITIES. The Developer shall restore all facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 15. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 22 below. 16. CLAIMS FOR WORK. The Developer or its contractor shall do no work or furnish no 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 or" materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 17. PERFO RMANCE GUARANTY. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer, as set forth in paragraph 1 above, shall be constructed, installed, and furnished according to the terms of this -4- . . Agreement, and to insure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development 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 the private street shown as 0 utlot A within the plat, as set forth in the contracts between the Developer and his contractors. Said deposit or letter of credit shall remain in effect for a period of one (1) year following the completion of the required improvements. . T he said deposit or letter of credit may be reduced in its amount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various improvements. 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. Prior to commencement of construction of the improvements described in Paragraphs 1 and 2 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 19. LAWS. ORDINANCES. REGULATIONS AND PERMITS. Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before commencing development of the plat. 20. PAR K FUND PAYMENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $1,500.00 for the Park Fund. 21. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise -5- . . provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Developer: Kelly Bosworth 24000 State Highway 7 Shorewood, MN 55331 22. PROOF OF TITLE. Developer shall furnish a title opinion addressed to the City issued by the attorney for the Developer, which opinion guarantees that Developer in fact has a legal right to become fee owner of the property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the 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 or title commitment indicating developer's interest in the Subject Property. 23. DISCLAIMER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 24. 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. 25. DURATION OF AGREEMENT. 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. -6- . . 26. REMEDIES UPON DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special 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 mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety , and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Additional Remedies. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: ( 1 ) the cost of completing the construction of the improvements described in Paragraphs 1 and 2 above. (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. c. Leqal Proceedinqs. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. Notwithstanding any of the provlslons of this paragraph, the rights of the City of Shorewood to exercise its remedies herein shall be subject to the rights of the City of C hanhassen to exercise its remedies as may be provided by contract or statute. -7- . . 27. 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. 28. 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. 29. 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. 30. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 31. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF SHOREWOOD Bv: KELLY BOSWORTH Mayor ATTEST: -8- . . COUNTY OF HENNEPIN ) ) ss ) ST ATE OF MINNESOT A On this _ day of , 1988, before me, a Notary Public within and for said County, personally appeared Jan Haugen and Laurence Whittaker, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by 'authority of its City Council, and said Jan Haugen and Laurence Whittaker 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 Kelly Bosworth, described in and who and acknowledged that he executed the same Notary Public -9- . . EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY That part of Lot 124, AUDITORS SUBDIVISION NO. 120, according to the recorded plat thereof, described as follows: The south 465.00 feet of the west 180.00 feet of said Lot 124, AUDITORS SUBDIVISION NO. 120. And the south 540.00 feet lying east of the west 180.00 feet of said Lot 124, AUDITORS SUBDIVISION NO. 120. -10- . . To: City of Shorewood From: Dr. and Mrs. Stover Re: Sunset Lane We are requesting the city to vacate part of Sunset Lane. We desire to build an addition to our home. Since we are a corner lot abutting Sunset Lane and West Lane our side yard set back is greater than an internal lot. Rather than request a variance to the setback requirements, we are requesting the vacation of 16 feet of Sunset Lane which will leave a right-of-way of 50 feet (the normal width of a road). This request will not affect anybody else. The neighhor who wishes to maintain her options, will continue to have that option. The other neighbors will continue to remain exactly as they are now and therefore be comfortable that nothing has changed for them. The \.6 feet of vacated land will allow us to meet the required set back for the addition to our home. (]v ~ ~~ gtl . . 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 MEfIlORANDUM TO: MAYOR AND CITY COUNCIL FROM: BR~ NIELSEN DATE: 19 OCTOBER 1989 RE: STREET VACATION REQUEST - SUNSET LANE FILE NO.: STREETS - Sunset Lane Kristi stover requests that the City vacate a 16 foot wide strip of Sunset Lane, a platted but undeveloped street adjoining the south side of her property (see Site Location map - Exhibit A, attached). The reason for her request is to allow an addition to be built on the south side of the house. Since the lot is a corner lot in the R-1A zoning district, it requires a 50 foot setback from Sunset Lane as well as West Lane. Vacating the 16 foot strip of Sunset Lane provides the space necessary to avoid a variance request, something she does not feel would be appropriate for the City to grant. When staff was originally approached with this problem, it was suggested that the best thing to do would be to vacate all of Sunset Lane lying east of West Lane. This suggestion was based upon a study done in June of 1985 which determined that underdeveloped property to the east would best be accessed by Orchard Lane. The staff report from which the decision was made is attached for your review (copied in yellow). After consulting with surrounding neighbors, Mrs. Stover found that the owners of the above-referenced property are reluctant to have the street vacated at this time. They prefer to keep their options open until such time as they develop their property. Out of respect for their concerns, Mrs. Stover asks that only 16 feet of Sunset Lane be vacated at this time. This still leaves a 50 feet r.o.w. for a future road if the property is ever developed that way. A decision is not needed on Monday night, however, the City Council must set the date for a public hearing. November 13 is the suggested date. If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Larry Whittaker Jim Norton Glenn Froberg A Residential Community on Lake Minnetonka's South Shore ~)b ~ "-: 5 ~ .Jb 32 A1ffES8t ~ ~ ~ N " GO /67.41. '1" \ Ii " 2 c:. ,. " 31. r. <: "}". .;;... G :5/;;5 . . M E R E ') \-\ o L. i ":A - -2/0- ~ ! Exhibit A SITE LOCATION ,Ue:tP _ _ 2 2 (Z~; z ~5~?I :3 (2'1) ~ 34jJ!--' ----- .. 4 3 'J JJ. 6 (27) fOe 7 (Z8) f " (Z") 8 / '/ "':.,b/ ~ ~. J ..~. '" ~ c"".-:.\W,..., 0 ;"I ~r1 1:1'~"" ./ . . MA YOR Robert Rascoe COUNCIL Jan Haugen Tad Shaw Kristl Stover Rebert Gagne ..."'. . ~ . )' ~.~ CITY OF SHOREWOOD A:~.'IN1S7RA TOR Daniel J. Vest 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474.3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROt-!: BRAD NIELS EN DATE: 27 JUNE 1985 Rt:'. .... PErRON, JACK - SI~PL~ SUBDIVISION FILE NO. 405 (85.23) BACKGROUND Mr. and Mrs. John Petron have requested on behalf of Mrs. Petron's mother, Eileen Saleme, approval of a simple subdivision of Mrs. Saleme's property located at 4865 Suburban Drive (see Site Location map - Exhibit A, attached). The property contains approximately 4.76 acres. The Petron's propose to split off approximately one acre on the east side of the site to build a single-family residence (see Exhibit B, attached). The property is currently zoned R-1C and is occupied by Mrs. Saleme's home. Surrounding development and zoning are as follows: north and east: south and west: Amesbury and Amesbury West, zoned P.U.D. single-family residential, zoned R-1C The property is bounded on the north by the rignt-of-way of Sunset Lane and on the south by the right-of-way of Orchard Lane. Neitherr.o.w. has been improved as a public street. ANALYSIS/RECOMMENDATION The applicant's propose to divide the 4.8 acre site into two lots. Lot 1 will be the new lot on which they would like to build. Lot 2 will contain the existing Saleme residence. Since Lot 2 has potential for further de- velopment, it has been requested that the applicants provide a resubdivision sketch showing how the proposed division allows for future development of the site. Resubdivision of Lot 2 is illustrated on Exhibit C. A Residential Community on Lake Minnetonka's South Shore . . PLANNER'S RECO~MENOATION PETRON, JACK SIMPLE SUBDIVISION 27 JUNE 1985 page two Lot 1 This is the lot on which the Petron's propose to build their house. Although it is twice as large as the R-1C district requires, it does not comply with the width requirement for that district. The lot is only 83 fe-et .~i=e at t::e b:;ild:.~g li::e. C~e h:.::::::-e:: :e-a: is :-e:;,:.::.=e.=.. G:~.:e:: the size of the site, there is no reason whv it can not cornolv with zonin\:t standards. As shown on Exhibit B the lot line should be mo~e~ eastward t; comply with the Ordinance. Although Orchard Lane extends across the south side of the site, the appli- cant's propose to share the existing driveway serving the Saleme residence. This is not viewed as a problem. It is unclear as to how the new lot will be served by sanitary sewer. If the applicant proposes to tap into the existing sewer service for the Saleme residence, approval should be subject t~ the City Enginee='s review and recommendation. Lot 2 The applicant's have stated that neither they nor Mrs. Saleme have any intention of developing the easterly 3.8 acres for many years. Never- theless the City must assure itself that by approving a piecemeal type of subdivision, the remaining property can still be developed. For this reason, the resubdivision sketch should be evaluated similar to a preliminary plat. The resubdivision plan proposes six lots including the one with the Saleme residence on it. The plan is viewed "as being somewhat inefficient in terms of future streets and utility service. Four of the lots require access form Sunset Lane. The lot labeled "0", together-with the Saleme residence and the Petronls lot will require the use of Orchard Lane. Also, Lot B does not comply with the width requirements of the R-1C district. Lot E, due to shallowness and the existing wetland on the site is not buildabl At such time as the property develops, it would be advisable to consider a single access from Orchard Lane (see Exhibit D). While it would require a longer cul-de-sac street, street and utility costs would be less than if access is provided form two different directions. For purposes of this report it is sufficient to know that the creation of the new lot will not interfere with the future development of the property. As in past similar requests the City should specify that any further division of the site must be for the entire site. Individual lots should not be allowed to be broken off on a piecemeal basis. Based on the preceding analysis, it is recommended that the simple sub- division be approved subject to the following: 1. Lot 1 should comply with the 100 foot lot width requirement of the R-1C district. . . PLANNER'S RECOMNENDATION PE:TRON. JACK SIMPLE SUBDIVISION 27 JUNE 1985 page three 2. Sanitarv se~er service for Let 1 shall be 5~bject to th~ review a~~ approval of the City Engineer. 3. The City should keep the alternate resubdivision sketch shown on cxnibic D as a guide for the future development of Lot 2. 4. Future platting of Lot 2 should include the entire site. Individual lots should not be split off one at a time. 5. The applicant's must pay one park dedication fee of $500 for the new lot. (Credit is given for the lot with the house on it). cc: Dan Vogt Jim Norton Glenn Froberg John Petron . \!!:::) . . .... .- ... t :.,4 R/R .J . ~[:~~4CT:.~l~A . .. ~-;-------. ... ... "\ , , ,-. ;S..--...)I. ! .1'... , /:~:;. . ..'f'"~ ~ ::i OIIJI ,t""_~ ; . { ;;r-r l -if l"'~'~ (>"\ . _./ , .. ~ . ~~t~C;,tJ. ~ ...... >",';"". I. ~ C") lr"~' ~,'. I ~" ; . . \. ..~",. ... " ..,--?.....~..;.; ~.l.~.. ...r;. - ~.. C'" .Q 'fro -r:cr--.'i'" ~ ...,~ ~ . I ., ()) r i ., 'j ~) I - - ." 0', I L---- I ..:~ .. ,. ,., .! I I "- ~i 0. ~~,:~~ ,.~~ . "~.,.~ I - i i ! ,. . I t !-,; ~i t-' :""". \. .,'~: ' ~ ...... , '.(\.. (.) I L.J (I'. I ~". ',~' ~f. ,~ .~. .'. l ,. .. ". 2.', u:'t ~'~.l. '.... . r ,~.' ;~.'~~t\QE~~ ~.~~ .... .. : .--r-~~~P :." Jl~ " " ann ........ '. I &.l~~.-=--!L .... . 3 ." ~ .~ 11 't~~u' ~~ : ". I~.' ':'J j\ . ,..,~,. . to' ... .. ..' }. ~.-".........-:--- 'fIt':' .;'~. (I~ 'I" i 17 ~y , . .:".. ~. t I. \Ii _f,J.':"'.~i:!;,. ................._ of...... ... @' Exhibit A SITE LOCATION Petron - simple Subdivision CL f! I- <J: C! )... Cl ~ ~ e" li3 6: . (fi. ~~. ~~~ ~ ~ ~ ~ ", ~ i ::: . ..-- - ... ~ i;i . : r:: :! ~ === ~ : ,:~.; . ~ ::...: =: ~ III : :! : .. .. ... . .r: It6 - :-s .. ;.;/ r -;:-.. ! t _..~ .. .. l!S3 5 .. - - . -.. - .. .. .. .. o ;'54. ~- ....... .... t"" ... ".' ..:1 .- .1:1: :;:M~ .]2 -::;~~ ..... . . .:..- "U~~ .. "'... c:. .. - :::.. .- =:~. .. 0-;8. ;l :.... . .. . t1 .. ..". :e ~. ; . ..." - -a. & .. o i . .: c o .. . c c i ..: .. .. ~ .. .. ~ .: S .. -I ~ .. M ... .. .. .. ~ '~ ~ . ~l I ... " ... Exhibit B PROPOSED DIVISION .. - , ... . CD . .. ... " ..-- . Q (j) ... -: ...... . ... .. ~ .. :t:t:J ~ " .. ......... . c: . ... -: .... ~ .. ~ ...... ;. i ~ . .. ....~ .. ....... '" " ~ c: .. ..... .. ~ 0 ..... . !eo" ;::) ~ . '" .. - .. . (S) c: .; . . . . c: ~~ i .. . ~ . ...., ... .. .: .. ~ ~ .. '" .II: .. .. "'b u ~ .! .. 0 c.u ~ .. .2 . ~l .. --... .~ ~ . &. . ~ ~ 4e . il .; ? :H .. <! - ;::1 .. "" ~ (D G3I .. .! II - ;; ;; ~ ~I - ~.~I '~ II . .. I, .. t ..... ~ u u. _ "--... .. .... t.. " .II: ..... . . c: II. . . :;:-~ ....~ . . ".II: J"- .... ...~:!'" CA... 0 _ ,....... ..... :: c~. - ~O.. ..,.. ..-~ ..... ~ ..e . u_ .. .. ...... .. ....0 ea.). ":1:. - . . ,. . .11:" .. Iloo' . ..... 0 .... Exhibit C RESUBDIVISION SKETCH ~ Ei: I- CI: ~ ).. Cl ~ -- ~ n3 & w" ~ ;;; . ...-- .. ... . ...... .... :;- . .: ::::! ~ =:= :I ::t --.. . z ,:,;,; · : ::..: = ~ III : "')II.: g .. . ,.. c ~ i ! l : . [ -;-.. .! o ...... ~ .. ~H S c - - . -.. - .. .. z .. .. . en- o <D. ~ ~ r . ~ l~ ~ ~ g I~: .: o c ~ . .. g .. I C .5 :c ..: .. .. ~ ~ il3 ~. :~ I ' " ... ~:t :: ~ E", ..:1 ." A;"'o ..... . j~': ti~~ i n~ ~ ..:Ie .: . ~;. ...:: i --. Exhibit D ALTERNATE RESUBDIVISION SKETCH c' J . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: MAYOR AND COUNCILMEMBERS FROM: ALAN ROLEK DATE: OCTOBER 19, 1989 RE: RESULTS OF DISCUSSION OF FLEXIBLE SPENDING ACCOUNI'S WI'IH FINANCIAL ADVISORY BOARD; IMPLEMENl'ATION OF FLEXIBLE SPENDING ACCOUNT PLANS AS ALLOWED BY INTERNAL REVENUE CODE SEC. 125 & 129 FOR CITY EMPLOYEES Larry Whittaker presented a Flexible Spending Account (FSA) plan for city employees for Council consideration at the September 11 Council meeting. This plan would allow an employee to pay medical and dental insurance premiums, and medical and dependent care expenses with pre-tax dollars through payroll deductions. The City Council directed the staff to meet with the Financial Advisory Board and discuss the merits and possible pitfalls of this plan. Kristi Stover and I met with members of the FAB on October 4 to discuss this issue. After a thorough discussion, the members of the FAB endorsed the implementation of a FSA plan for employees of the City. Therefore, it is requested the City Council approve the implementation of this plan to begin on January 1, 1990. In their discussion, the FAB considered the mer its and pitfalls of this plan. The merits of the plan were found to be that the employees would realize greater take-home pay and a reduction in income taxes, and that the City would also realize a tax savings as well as create good will with its employees. The pitfalls are that the employees could possibly lose money which is put into their FSA and is not used during the plan year, and the City has the potential to lose money through early use of the plan by an employee who terminates before the end of the plan year. These pitfalls could be minimized by writing safeguards into the plan document to limit the amount an employee could put into his FSA and which require a terminating employee to continue in the plan un til the end of the plan year. Some concern was also expressed regarding the cost to the City to administer this plan. Bob Snyder, a member of the FAB who is employed in this field, assured the FAB that the cost and time element for administering the plan for a group of this size would be minimal. Bob also presented a plan document which he had prepared for the City, eliminating the need to use an outside source for this purpose. The plan is divided into three levels of participation, each of which is voluntary to each individual employee. These levels are: A Residential Community on Lake Minnetonka's South Shore /u/J--/ . . . . PAGE 2 FSA MEMO OCTOBER 19. 1989 1. Payment of the portion of employer provided medical. dental. life & disability insurance premiums payable by employees with payroll deductions taken from gross earnings before taxes are calculated. 2. Payment or an amount of gross earnings pre-elected by an employee into a health care reimbursement account which could be drawn on by the employee to pay for out-of-pocket medical or dental expenses. These deductions would be taken from gross earnings before taxes are calculated. The employee could draw only for expenses incurred and could not exceed the pre-elected amount. 3. Payment of an amount of gross earnings pre-elected by an employee into a dependent care reimbursement account which could be drawn on by the employee to pay for dependent care expenses. These deductions would be taken from&gross earnings before taxes are calculated. The employee could draw only for expenses incurred and could not exceed the pre-elected amount. In order to limit the City's liability under this plan. the amount of money which may be put into a medical reimbursement account by a participating employee should be limited to $1.000 for the plan year. This would allow a large enough account for an employee who would experience large medical expenses (ie: orthodontic work; braces) without putting the City at gross risk. Also. a terminating employee who is participating in this plan would be required to continue in the plan through the end of that plan year. This could be insured through a payroll deduction for the remainder of the annual contribution from the final pay check. The statuatory limit of $5.000 for dependent care accounts presents no liability to the City as these expenses are known to the employee ahead of time and are paid for services received by the employee on an on-going basis throughout the year. After thoughtfully considering all aspects of the FSA plan. the FAB unanimously endorsed the establishment of such a plan by the City. It is felt that the FSA plan gives great flexibility and benefit in terms of real dollars to city employees at a low cost to the City. For these reasons. it is recommend that the City Council establish an FSB plan to be implemented on January 1. 1990. attachments . . . . ADVANTAGES AND DISADVANTAGES OF FSAS Section 3 Employee 1) expenses paid with pre-tax dollars--taxes reduced - federal income tax - state, income tax (except New Jersey, Pennsylvania, Arkansas, and Alabama) - FICA 2) completely voluntary pro- gram; provides benefit/ tax flexibility to employees 3) PERA contributions (for certain public sector employers) are not affected ADVANTAGES Employer 1) payroll taxes reduced - FICA - FUTA - possibly state unemploy- ment taxes (varies from state to state) - not workers' compensation 2) employer gets float on salary reduction deposits until claims are reimbursed 3) helps attract and retain employees DISADVANTAGES Employee 1) "use it or lose it"--for- feiture of unused amounts (careful planning and good communication required) 2) limitations on ability to change after start of plan year Employer 1) employers must reimburse the full amount of the claim in the health reimbursement account (up to the total annual amount of the contri- butions elected by the employee)--employer may not be fully paid back if employee terminates employment or changes family status prior to the end of the plan year. 2) modifications to payroll system required 10 DCA."- . Employee 3) could potentially reduce social security (and perhaps unemployment compensation benefits)--typically negligible impact . Employer 3) discrimination tests must be monitored and met 4) plan documents and admini- stration required 5) other pay based plans (e.g., retirement plan, disability) would have to be amended to base benefits on pay before salary reduction 6) no guarantee that Congress won't modify or outlaw these kinds of plans in the future 11 iXA;6IC. .'" ," ~.I""""''''''''<-'"'''''''''''''''''1<';"''t"~-'f:''''''''''~:_ - ~.." __"'.-;J'.",,~-_! O"i:~~,.,n:~ ;-'-;:::'~;_~:"_"'~lr~~~.~.r:=-_~'-,:<,,"'4~~~"'~~-';'~s,;~.........~~~.-.......~."--~.... .~,,,,",,------- ~.,...~_.>A""-'~\-; . ' . . FLEX PAYCHECK COMPARISON ANALYSIS SSN: 334-46-5782 NAME: John E. Doe Current paycheck Illustration SemiMonthly GROSS TAXABLE COMPENSATION $1,479.17 111.86 153.00 96.00 0.00 0.00 0.00 0.00 $ 360.86 $1,118.31 1. FICA 2. Federal withholding Tax 3. State Withholding Tax 4. County Withholding Tax 5. City Withholding Tax 6. Other deduction (1) 7. Other deduction (2) TOTAL WITHHOLDING TAXES ADJUSTED NET PAY *** ADDITIONAL AFTER TAX EXPENSES *** 8. Medical Reimbursement 9. Dependent Care 75.00 125.00 $ 200.00 $1,029.89 TOTAL PERSONAL PAYMENTS NET DISPOSABLE INCOME Semi-Monthly paycheck comparison w/o Flex GROSS COMPENSATION $1,479.17 0.00 0.00 1. Medical Reimbursement 2. Dependent Care PRE-TAX REDUCTION IN COMPENSATION $ 0.00 NEW TAXABLE COMPENSATION $1,479.17 111.86 249.00 $ 360.86 200.00 $ 918.31 $63.80 FICA Social Security Withholding (Approx.) TOTAL TAXES WITHHELD After Tax Expenses TAKE HOME PAY SAVINGS FROM EACH PAYCHECK 12 Exemptions: 4 Annual $35,500.00 2,684.64 3,672.00 2,304.00 0.00 0.00 0.00 0.00 $ 8,660.64 $26,839.36 1,800.00 3,000.00 $ 4,800.00 $24,717.28 w/Flex $ 1,479.17 75.00 125.00 $ 200.00 $ 1,279.17 96.06 201.00 $ 297.06 0.00 982.11 $ DCA."- ,_ ."",,'_~' ,...~_"..",-:or",,""".~'c:""";:-""'_" _,..... .--'~- .. ,..,..<.....__,.,._""",...'_9'~ 1f. · · .. f !,:;: :I": 'lill' · ~;r !f2 !oii' iii1 ~~.. · · · niHi F! ~i!liHuflthj f U ~r ~ ~i fl~ . ~j~ ! i Ii! Ii l 11 ~ u . ~ it I' f~ ~ .. ~ · 1 A- ~ i. & i'" i ~ i i :r > ~ i i",g ~ 1 ii" Sl I 1'1 j ~ . . . U! i~ ~ 1i" 5 t ; l . ,It! "~ J' ~ ~ ~ It . u~ .> ~ · oC e B' 8 ~t.... 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WELL DRILLING FOR FOUR GENERATIONS 15688 JARVIS STREET N.W.lELK RIVER, MN 55330/(612)427-6100 INCORPORATED September 25, 1989 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331-5755 ATTN: Mr. David Vogt RE: Amesbury Well Pump Motor Repairs SUBJECT: Invoice 41 Amount $ 1873 4,343.30 Dear Mr. Vogt, On July 12, we were notified by Muni Tec that the motor had failed at the Ames- bury Pumping Facility. We dispatched a crew to remove the pump and install a submersible pump while this motor was being repaired. Repair costs are as fol- lows: DESCRIPTION UNIT UNIT PRICE EXTENSION July 13, Remove motor and pump. PUMP RIG 5 hrs. $30.00/hr. $150.00 OPERATOR 8 hrs. $32.00/hr. $256.00 HELPER 8 hrs. $25.00/hr. $200.00 TOTAL DUE FOR JULY 13. . . . . . . . . . . . . . . . . . . . . $606.00 July 14, Install submersible pump. PUMP RIG 4 3/4 hrs. $30.00/hr. $142.50 OPERATOR 8 1/2 hrs. $32.00/hr. $272.00 HELPER 8 1/2 hrs. $25.00/hr. $212.50 TOTAL DUE FOR JULY 14. . . . . . . . . . . . . . . . $627.00 After this pump was disassembled at E.H. Renner & Sons, Inc. shop, it was cleaned and inspected. The pump was found to be in excellent condition. The motor was returned to Electric Motor Repair for disassembly, cleaning and inspection. The motor failure was apparently due to a voltage surge as the accompanying photo copy indicates. The motor was rewound and new bearings REPAIR MATERIAL AND LABOR COST: MOTOR REPAIR MISC.(tape, pipe joint compound, pump TOTAL REPAIR MATERIAL AND LABOR COST. installed. . . . . . . . . . . . . . . $1,780.80 200.00 $1,980.80 packing etc. for two pumps) August 9, Remove Submersible and PUMP TRUCK OPERATOR HELPER TOTAL AMOUNT DUE FOR AUGUST 9. Reinstall Lineshaft 12 hrs. l3~ hrs. l3~ hrs. Turbine Pump. $30.00/hr. $32.00/hr. $25.00/hr. $360.00 432.00 337.50 $1,129.50 /() {! " d. '. . . After this unit called due to a the pump house. during the start was installed and pumping into this facility again, we were vibration and noise problem occuring several houses away from This pump motor was apparently causing the vibration and noise up cycle only. July 16, Balance Motor. SERVICEMAN 3~ hrs. 00.00 NO CHARGE The vibration readings are as follows after completion: Top of Motor .0012" @ 90' from Discharge .0015" Bottom of Motor .0006" @ 90' from Discharge .0007" Discharge Head .0005" @ 90' from Discharge .0001" Although the vibration was excellent at the pump installation, the problem per- sisted at the residence. We returned to the site to try to resolve this problem. July 25, Shim base and adjust auto PUMP TRUCK OPERATOR HELPER transformer 3~ hrs. 4~ hrs. 4~ hrs. starter. 00.00 00.00 00.00 NO CHARGE NO CHARGE NO CHARGE Again, on this date, the serviceman reported the noise was heard during start up on start cycle. In an attempt to help eliminate the amount of noise, the auto transformer start and run starter were adjusted to close in very rapid sucession. TOTAL AMOUNT OF THIS INVOICE 0 0 0 o 0 0 0 0 . $4 , 343 0 30 If you have any questions regarding the above, please call me at 427-6100. Best Regards, Qp:;A q~ Jztf~ Alj~, Sales Engineer EoB. RENNER & SONS, INC. LICENSE 171015 JA/ts AI/OBI NOTE: Please check your Insurance policy as the City insurance carrier may cover this work due to the cause of motor failure. PAGE 412 . . FROBERG & PENBERTHY, P.A. A TTORNEYS A T LA W Glenn Froberg James G. Penberthy PalJI B. Ahern 17736 Excelsior Boulevard . Minnetonka, Minnesota 55345 (612) 474-8877 October 17, 1989 MEMO TO: Mayor and City Council FROM: Glenn Froberg RE: Golden Anderson Electric Check Valve Elevated Water Tower Enclosed is a copy of the Golden Anderson warranty for the check valve installed at the Shorewood water tower, which I received from Bruce Harding of Mooney and Associates. Please note that the warranty warrants that all parts are "free from defects in manufacture" for a period of one year. Hr. Harding states he is not aware of any "valve failure," and he apparently does not believe any of the parts were "defective" from the manufacturer. T he warranty also limits recovery to situations where the valve is not subjected to "conditions of misuse, abuse, or accident." In discussing the matter with the City engineer, it appears that the manner in which the valve was used during the temporary period could be interpreted to be a situation involving "misuse or abuse" rather than equipment failure. The warranty would not be applicable under these circumstances. G. F. Imbw Enclosure cc: ~1f'.,~ Jim Norton . Gz4.. I/ld/lsl rifJ IIIr. . TERMS AND CONDITIONS OF SALES EFFECTIVE DATE ,., 82 A. Term. Net cash 30 days from shipment date. No cash dis- count permilled. Any indebtedness owing to G. A. Indus- tries. Inc:(Seller) for a period longer than 30 days shall bear interest at the maximum legal rate from maturity until paid. If the Seller finds it necessary to place any indebtedness hereunder in the hands of an attorney or agency for collec- tion. Buyer shall pay all expenses and costs of collection, including reasonable attorney's fees. Failure to comply with terms will void warranty. B. PrIce All prices quoted are FOB factory. Freight allowed shall not effect FOB basis. Prices quoted shall be considered lirm lor 60 days Irom the date 01 Ihe quotalion. Prices Quotl'd do not include any Federal., State. or local taxes, Any such taxes shall be paid by the Purchaser. C. Deliveries Seller reserves the right to select carrier and delivery to carrier shall constitute delivery to Buyer. Each shipment shall be construed. as regMds deliveries and terms 0' settlement. a separale and independent contract. In case any lot or parcel shall not be accepted and/or paid for in accordance herewith. then Seller may. without prejudice to other law'ul remedy. deler further shipments until settle- ment is made. terminate this contract. or treat such lailure as a breach 01 the entire contract. Shipping schedules provided with the quotation are not guaranteed, but are estimated Irom the prevailing condi- tions at the date 01 quotation. Actual shipping schedules are subject to change in accordance with the prevailing condi- tions at the time the purchase order is accepted by the Seller and released lor manufacture by Buyer. The Seller shall not be linancially liable lor any default or delay caused by any contingency beyond its control, or the control 01 its supplier or manulacturer. with whom it may contract to cover this sale. or the manufacturer who is to furnish these goods. preventing or interlering with Seller's making delivery. including war, restraints affecting ship- ping, or credit. strike, lockout. accident. nonarrival or delay of carrier. short or reduced supply of raw material, or exces- sive cost thereof, or 01 production over contract basis, and anll other contingency affecting Seller or such supplier of manulacturer. 0, Acceptance All purchase orders and/or revisions shall be in writing and are lIublect to IInal acceptance by Seller. E. Cancellallons Must be in writing and can only be termi- nated by thp. Buyer alt!'!r agr'!ement with the Seller and ur.on p<'lyment of w;Jsr)l1able charg~5 bnsed upon expenses incurred t'ly the Seller at lime 01 termination. F. TItI8 Without prejudice to any 01 Seller's other rights under the agreement between the parties notWithstanding delivery of any goods, the property in the goods shall remain in'the Seller until BUYf>r has paid in lull in accordance with Pari'l- graph A- Terms. II such payment is overdue, in whole or in part, Seller may (without prejudice to any other rights) recover and/or resell the goods, or any portion thereof, and may enter upon the premises for that purpose. If any of the goods are incorporated in other goods or are for re-sale, the property in the goods delivered by the Seller shall nevertheless be and remain with the Seller until such payment has been made as specified in Paragraph A-Terms. G, Warranty G. A. Industries, Inc. (Seller) warrants, to the orig- Inal Buyer only. that all products delivered hereunder shall be Iree from delects in manufacture lor a period of one year from the date of delivery. provided that such products are installed, used, operated, adjusted and serviced only in a proper and appropriate manner and in strict accordance with any instructions relating thereto furnished to Buyer by Seller. In no event shall the loregoing warranty extend to any products in any way caused or allowed to be. or installed, operated or used in such a manner as to be, sub- ject or exposed to conditions of misuse. abuse or accident. Products not manulactured by Seller shall be warranted only to the extent 01 warranty to Seller. The loregoing warranty is exclusive and lieu 01 any and all other warrllntles, express or implied. No warranty 01 merchantllbility, no implied warranty of fitness lor any particular purpose. and no imp.lied warranty arising by usage of trade. course 01 dealing or course of perfor- mance is given by Seller or shall arise by or in connec- tion with this sale and/or the Seller's and/or Buyer's conduct in relation thereto or to each other, and in no event shllll Seller be liable on any such warranty with respect to any product. liability of the Seller under or in connection with this sale and/or the foregoing warranty shall be limited, at the sole option of the Seller. to one of repair or, replacement of, or a relund of the purchase price 01 any products or part thereol with respect to which Seller receives. Promptly aller Buyer's discovery 01 any alleged defect and prior to the expiration 01 the one-year warranty period as provided above, notice. in writing. Irom Buyer 01 Buyer's claim 01 delect. and which shall be returned to Seller by Buyer, as provided herein, promptly aller Buyer's discovery 01 such alleged delect and which shall be determined by the Seller to have proved defective within the one-year warranty period provided above. lailure by Buyer so to notily Seller and return such products to Seller aller Buyer's discovery 01 such alleged delect shllll constitute a waiver by Buyer 01 any and all claims 01 any kind with respect thereto. Any products returned by Buyer to Seller under the loregoing terms shall be returned to Seller's place 01 business Ireight prepaid. accompanied or preceded by Buyer's particularized state- ment 01 the claimed delect. The risk 01 loss and Ireight charges to and Irom Seller in connection with any returned products shall be borne by Buyer: but Seller shall bear such additional Ireight charges arising in connection with any returned products ultimately determined by Seller to be delective under the terms olthe foregoing warranty, the cost of repair or replacement (iI any) of such products, and the risk olios!! Or damage whBe such products RUI in SAiler's possession at its place of busmess The loregoing remedy shall conslitute lhe Slife and exclusive remedy 01 the Buyer under or in connection with this sale and/or warranty of the Seller. Except as specifically provided herein, Seller shall not be reSP(\nsibl~ or lIab!(> lor any costs. eypens'!s or dalT'o aqes of Ollyer in connection with any removal. repa" 01 r'!placprnr>tl' (wcludinQ any 1I11....npts or IIchnns rcl<tting thNr'nl "j 1n'{ alle(JP,'f1y rlP'P.!:tIVt> plOriuctS. and no r.h'"rqp. or sctoff (llllny krnd 01 Buyer rp'atin~ltherelo shall hr' made ag<tin5t the Seller without prior and speCific wfltlf'n approval of Seller. In no event shall Sellr.r he responsible or liable lor any specilll. indirect. mCldental or consequential damages arising in any way in connection with any products or this sale. The agreement of Seller to sell its products is expressly conditioned upon the Buyer's assent to, and Seller agrees to sell its products only upon. all terms and conditions set forth above and on the lace hereol. Buyer's acceptance of any . products provided under this sale constitutes such assent. . . . MANUFACTURERS REPRESENTATIVES. . . ER AND WASTEWATER TREATMENT SPECIAL TI . SPECIALTY COATINGS. BRUCE A. HARDINQ DouGlAs J. REED ROllERT E. MOONEY ROSE PETERSON R. E. 1til@@~~W and Associates, Inc. 1400 SELBY AVENUE · ST. PAUL, MINNESOTA S5104 PHONE (612) 645-0641 FAX (612) 645-2419 October 12, 1989 Mr. Glen Froberg Froberg & Penberthy, P.A. 17736 Excelsior Blvd. Minnetonka, MN 55345 RE: Shoreweed, MN Water Pumphouse Golden Anderson Electric Check Valve A copy of G.A. Industries Inc., Golden Anderson Valve, warranty is enclosed per your request and letter dated September 25, 1989. The warranty is described in paragraph G of their standard "Tenns and Conditions of Sales". In your letter you state that, "this valve apparently failed." I have no knowledge of this apparent valve failure. I would like to hear more specifics concerning this. My records show that the valve was shipped in October, 1987. I recall being at the pumphouse start-up and also being called to the pumphouse on at least two other occassions in 1988. I was called there to instruct the operating personnel, Munitech Company, on the operation of the Golden Anderson Valves. It was my understanding that some of the pumphouse system at that time was temporary and it was giving the operating personnel some trouble. The electric check valve was always working as expected while I was there. Because of the temporary system the valve was being cycled, open and close, every few minutes all day long which would accelerate the wear of the valve components. The valve has soft goods replaceable parts that may need re- placing now because of the accelerated wear. I would like to see our vaJvework properly now and in the future. ,This valve will provide the city with many years of service for the purpose intended. Let me know if I can provide any further assistance. Sincerely, ~. Bruce A. Harding BAH/rp ENCL c.c. Jim Norton OSM """''''-':.._,_.~''''~''''::"''-''''' CHECK NO. CHECK APPROVAL eTING FOR OCTOBER 23, 1989 COrre MEETING TO WHOM ISSUED CHECKS ISSUED SINCE OCTOBER 6, 1989 3097 3098 3099 3100 3101 (G) (G) (G) (1) (L) IT' ,-/ 11"" -'~......- 3103 (1) 3104 (1) 3105 (1) 3106 (L) 3107 (L) 3108 (1) 3109 (1) 3110 (L) 3111 (L) 3112 (L) 3113 (1) 3114 (L) 3115 (G) 3116 (G) 3117 (G) 3118 (G) 3119 (G) 3120 (G) 3121 (G) 3122 (G) 3123 (G) 3124 (G) 3125 (G) 3126 (G) 3127 (G) 3128 (G) 3129 (G) 3130 (G) 3131 (G) 3132 (G) 3133 (G) WENDY DAVIS US POSTNASTER CLASSIC WINDOW COVERINGS BELLBOY CORPORATION COCA-COLA BOTTLING COMPANY DAY DISTRIEVTING COMP.~IY EAST SIDE BEVERAGE COMPANY FRANCK'S TRUCKING GRIGGS, COOPER AND COMPANY JOHNSON BROTERS LIQUOR CO. MARK VII DISTRIBUTORS, INC. MINNESOTA BAR SUPPLY INC. NORTH STAR ICE PEPSI-COLA COMPANY ED PHILLIPS AND SONS POGREBA DISTRIBUTING COMPANY QUALITY WINE AND SPIRITS CO. THORPE DISTRIBUTING COMPANY COMMISSIONER OF REVENUE THE BANK EXCELSIOR PUBLIC EMP. RETIREMENT ASSOC. ICMA RETIREMENT TRUST CHILD SUPPORT ENFORCEMENT CITY COUNTY CREDIT UNION AFSCME LOCAL #224 MINNESOTA MUTUAL LIFE CO}lliERCIAL LIFE INS. COMPANY MEDCENTERS HEALTH CARE, INC. GROUP HEALTH INC. PHYSICIANS HEALTH PLAN OF MN ROBB AGRIMSON WAYNE ARVIDSON LENORA BACHE CHARLENE BOGDEN KARON DAVIS TAMMY LYMAN MARK RIDDLE PURPOSE MILEAGE $ POSTAGE FOR WATER AND SE\lliR BILLINGS BALANCE ON WINDOW COVERINGS LIQUOR PURCHASES POP PURCHASES EEER PVRCF~.SES BEER PURCHASES LIQUOR AND WINE PURCHASES LIQUOR, WINE, MISC. PURCHASES WINE PURCHASES BEER PURCHASES SUPPLIES AND MISC. PURCHASES NISC. PURCHASES POP PURCHASES LIQUOR AND WINE PURCHASES BEER AND MISC. PURCHASES WINE PURCHASES BEER PURCHASES STATE TAXES WITHHELD/PAYROLL FEDERAL TAXES/FICA/MEDICARE PERA PAYROLL DEDUCTIONS ICMA PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS EMPLOYEE ACCIDENT AND SICKNESS EMPLOYEE LIFE INSURANCE EMPLOYEE HEALTH INSURANCE EMPLOYEE HEALTH INSURANCE EMPLOYEE HEALTH INSURANCE CENSUS MILEAGE CENSUS MILEAGE CENSUS MILEAGE CENSUS MILEAGE CENSUS MILEAGE CENSUS MILEAGE CENSUS MILEAGE TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- AMOUNT 19.14 265.22 241. 55 1,544.23 544.97 3,823.51 INS. 9,277.10 271. 80 3,365.74 1,188.95 2,877.89 121.30 323.76 218.32 1,098.08 1,011.75 317.68 7,939.75 887.18 5,062.67 1,454.07 468.08 165.00 37.00 100.80 108.00 34.20 155.55 254.70 3,350.00 31. 28 23.63 29.03 29.25 20.93 44.55 30.38 12,812.21 33,924.83 46,737.04 <)- J CHECK NO. CHECK APPROV~TING FOR OCTOBER 23,1989 COUW MEETING TO vmm! ISSUED CHECKS FOR COUNCIL APPROVAL 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3166 3167 3168 3169 3170 3171 3172 3173 3174 3175 3176 3177 3178 3179 AMERIDATA CHAPEL CONSULTING, INC. COHHERCIAL ASPlLA..LT COMMERS CONDITIONED WATER CO. CUSTOM BUSINESS FO~~S DEM-CON LANDFILL, INC. HAROLD DIRCKS ROLF E.A. ERICKSON FEED-RITE CONTROLS, INC. HENNEPIN COUNTY TREASURER HOUSE OF PRINT KEN JARCHO INSURANCE AGENCY JOHNSON AND LIEDL APPRAISAL LEAGUE OF MINNESOTA CITIES LONG LAKE FORD TRACTOR LONG LAKE TIRE BARN MAC TOOLS MANN-MADE PRODUCTS HC MAYER AND SONS METRO WASTE CONTROL COMMISSo METRO WASTE CONTROL COMMISSo MIDWEST ASPHALT MINNEGASCO MN DEPT. OF TRANSPORTATION MINNESOTA ROADWAYS MN SUBURBAN PUBLICATIONS MINNETONKA PUBLIC SCHOOLS NAVARRE HARDWARE NORTHERN STATES POWER CO. NORHTERN STATES POWER CO. PARIS AND SONS JOSEPH PAZANDAK PEPSI-COLA COMPANY PERSONNEL DECISIONS, INC. PETERSON SEED COMPANY PITNEY BOWES, INC. ALAN ROLEK SHORE WOOD TREE SERVICE SO.LAKE MTKA PUB. SAFETY DEPT VILLAGE OF TONKA BAY TONKA PRINTING US WEST COMMUNICATIONS VESSCO, INC. WASTE MANAGEMENT-SAVAGE WATER PRODUCTS COMPANY WIDMER, INC. PURPOSE AHOUNT PRINTER RIBBON CONSULTING SERVICES 5.4% MIX-PUBLIC WORKS WATER SOFTNER RENT PAYROLL CHECKS DUMPING FEE-GOGGANS CLEANUP TAPING OF COUNCIL MEETINGS OCTOBER ASSESSING FEE CHEMICALS AND CONTAINER CHARGE POSTAGE FOR AUGUST AND SEPTEMBER PRINTING SERVICES FOR NEWSLETTER PUB. EMP./DEPOSIT FORGERY PREM. EASEMENT APPRAISAL-WEDGEWOOD DR. WORKMANS COMPENSATION PREM. RENTAL OF BRILLON SEEDER/ROCK RAKE INNER TUBES & MOUNTING-PONY GRADER TOOLS-PUBLIC WORKS IRON, STEEL AND LABOR GREASE, OIL AND GASOLINE SEWER SERVICES FOR NOVEMBER SEPTEMBER SAC CHARGES HOT MIX-PUBLIC WORKS UTILITIES RELAMP 7 & 41 SWEEPING SERVICES PUBLISHING COPIER PAPER GRASS SEED AND CITY HALL HANGERS UTILITIES UTILITIES MISC. CHARGES MILEAGE FOR SEPTEMBER AND OCTOBER POP MA<HINE RENT AND POP CONSULTING FEE, POSTAGE AND MILEAGE GRASS SEED FOR PARKS QUARTERLY CONTRACT FOR POSTAGE GFOA EXPENSES AND MILEAGE BRUSH HAULING NOV. BUDGET, BOOKING,OT,& GAS 3RD QUARTER WATER BILLING DOG LICENSE APPLICATION FORMS UTILITIES REPAIR SE AREA WELL WASTE REMOVAL HORNS AND METERS FOR RESALE SCRAPER RENTAL-FREEMAN PARK 86.25 976.50 586.35 22.50 349.98 16.00 80.00 2,491.66 255.00 8.40 558.60 1,013 .00 599.80 17,225.00 125.00 24.12 71. 80 101.04 823.61 21,84J..07 3,984.75 63.36 135.85 77 .23 125.00 209.42 88.74 111.48 1,591.19 1,214.14 13.00 103.78 70.41 1,772 .34 1,380.00 MACH. 59.25 255.54 765.00 30,085.69 320.60 58.00 45.94 105.60 150.00 82.74 2,585.00 TOTAL CHECKS FOR APPROVAL TOTAL CHECK APPROVAL LIST -2- $ 92,709.73 139,446.77 CHECK APPROVAL.TING FOR OCTOBER 23, 1989 CO~ MEETING CHECK NO. TO ~mm! ISSUED HOURS A}!OUNT PAYROLL REGISTER FOR OCTOBER 10, 1989 PAYROLL 203413 (G) LAURENCE WHITTAKER 80 REG HOURS $ 913.89 203414 (G) DENNIS JOHNSON 80 REG HOURS 650.62 203415 VOID 213416 VOID 203417 (G) LEONARD WATTEN COUNCIL 147.82 203418 (G) JANICE HAUGEN MAYOR 177.30 203419 (G) BARBARA BRANCEL COUNCIL 147.82 203420 (G) ROBERT GAGNE COUNCIL 150.00 203421 (G) KRISTl STOVER COUNCIL 150.00 203422 VOID 203423 (G) SANDRA KENNELLY 80 REG HOURS 737.28 203424 (G) SUSAN NICCilll 80 REG HOURS 526.84 203425 (G) ANNE LATTER 44.5 REG HOURS 299.75 203426 (G) ROBB AGRIMSON 55 CENSUS 316.45 203427 (G) WAYNE ARVIDSON 108.5 CENSUS 565.39 203428 (G) LENORA BACHE 93 CENSUS 574.55 203429 (G) CHARLENE BOGDEN 51 CENSUS 301.56 203430 (G) KARON DAVIS 35.5 CENSUS 209.91 203431 (G) TAMMY LYMAN 115.5 CENSUS 579.82 203432 (G) MARK RIDDLE 49.5 CENSUS 290.86 203433 (G) ALAN ROLEK 80 REG HOURS 904.31 203434 (G) WENDY DAVIS 80 REG HOURS 542.96 203435 (G) BRADLEY NIELSEN 30 REG HOURS 892 .19 203436 (G) PATRICIA HELGESEN 64 REG HOURS 574.27 203437 (G) JOSEPH PAZANDAK 80 REG HOURS 796.68 203438 (G) CHARLES DAVIS 82 REG HOURS 401.11 203439 VOID 203440 (G) DANIEL RANDALL 80 REG HOURS 666.77 203441 (G) HOWARD STARK 80 REG HOURS 557.65 203442 (G) RALPH WERLE 80 REG HOURS 539.95 203443 (G) DONAL ZDRAZIL 80 REG HOURS 938.24 203444 (G) JOSEPH LUGOWSKI 82 REG HOURS 660.52 203445 (L) RUSSELL MARRON 39 REG HOURS 198.23 203446 (L) CHRISTOPHER SCHMIDT 80 REG HOURS 417.08 203447 (L) JOHN THOMPSON 43 REG HOURS 205.82 203448 (L) MICHAEL KOEBENSKY 10 REG HOURS 51.25 203449 (L) BRIAN JAKEL 22.5 REG HOURS 115.30 203450 (L) MARK KARSTEN 8.5 REG HOURS 43.56 203451 (L) WILLIAM JOSEPHSON 80 REG HOURS 577 .54 203452 (L) SUSAN LATTERNER 40 REG HOURS 175.76 203453 (L) DEAN YOUNG 80 . REG HOURS 551.95 203454 (L) SCOTT BENNYHOFF 26 REG HOURS 122.45 203455 (L) SCOTT BARTLETT 37 REG HOURS 174.20 203456 (L) COUGLAS FULLER 37 REG HOURS 158.04 203457 (L) MICHEAL FONTAINE 27 REG HOURS 133.87 TOTAL GENERAL 14,214.51 TOTAL LIQUOR 2,925.05 TOTAL PAYROLL REGISTER 17,139.56 -3- -