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022690 CC Reg AgP1 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 26, 1990 AGENDA 1. CONVENE A. Pledge of Allegiance B. Roll Call C. Review Agenda 2. APPROVAL OF MINUTES COUNCIL CHAMBERS" 5755 COUNTRY CLUB RODA 7:30 P.M. Mayor Haugen Gagne Stover Brancel Watten A. Regular Council Meeting - January 22, 1990 (Att.No.2A- Minutes) B. Council Workshop - February 1, 1990 (Att.No.2B- Minutes) 3. SPECIAL PRESENTATIONS A. Girl Scout Troop # 1375; Minnewashta; - Proclamation for National Girl Scout Week. B. South Shore Senior Center; Shirley Barnum 4. CONSENT AGENDA A. Street Light at Shorewood Oaks Drive and State Highway 7 (Att.No.4A -Memo) B. Extension of Right -of -Way Permit for Carrie Dorfman -25845 Birch Bluff Rd, (Att.No.4B -Memo) C. Approval of Route for 10th Annual Easy Race, May 6, 1990 (Att.No.4C- Letter) 5. COMMISSION REPORTS A. Park Commission `--j 1 . Park Planner 2. Silverwood Park Plan 3. Other B. Planning Commission (Att.No.5- A- 3- Memo) -1- AGENDA- MONDAY, FEBRUARY 26, 1990 Page 2 6. SIMPLE SUBDIVISION RESOLUTION Applicant: Raymond Roust Location: 5925 Mill Street (Att.No.6- Jan.29, Memo) 7. FINAL PLAT, KORDONOWY ADDITION - RESOLUTION Applicant: Tom Kordonowy Location: 6100 Apple Road (Att.No.7 -Memo) 8. C.U.P., CONSTRUCTION AGREEMENT, LEASE - CELLULAR ONE ANTENNAE ON S.E. AREA WATER TOWER (Att.No.8- Resolution) 9. JUNK ORDINANCE APPEALS A. Applicant: Eccliasia Enterprise Inc. (Fred Shemanek) Location: 5655/5665 Eureka Road (Att.No.9A Notice and Letter of Appeal) B. Applicant: Steven Pahl Location: 24860 Smithtown Road (Att.No.9B- Notice and Letter of Appeal) 10. GEORGE SHERMAN- FINANCING TIF PLAN (Att.No.10- Memo, Letter) 11. SURVEY OF S.E. AREA WATER USERS - IRON REMOVAL A. Review Survey ?B. Feasibility Study (Att.No.11- Memos) 12. LMCD A. Milfoil Harvesting B. Shoreland Management Grants (Att.No.12A- Letter, Memo) 13. MATTERS FROM THE FLOOR 14. STAFF REPORTS A. Attorney's Report 1. 3 Year Contract for Animal Control with City of Chanhassen (Att.No.14A -1- Contract) -2- AGENDA - MONDAY, FEBRUARY 26, 1990 PAGE 3 14. STAFF REPORTS A. Attorney's Report - Continued 2. Building Lease - SLMPSD (Att.No.14A -2- Letter) 3. Update on Pending Lawsuits — Executive Session B. Planner's Report 1. Minnetonka Portable Dredging - Parking Lot Revision/ Deadline Extension (Att.No.14B -1 -Memo) 2. Public Works Site 3. Schedule Public Hearing on Rental Housing Code (Att.No.14B - 3 - Memo) 4. Fina - Pollution Control (Att.No.14B -4 -Memo) 5. C. Public Works Director's Report 1. Authorization to hire budgeted additional employee (Att.No.14C -1 -Memo) 2. Hennepin County Restitution Program D. Administrator's Report 1. Scheduling Spring Clean -Up Days (May 5 and 6, 1990) j � Clerks .Conference `� (Att.No.14D -2- Program) 3. Temporary Employee - Finance Department 4. Composting 5. Traffic Signal - County Road 19 and Highway 7 (Att.No.14D- 5 Letter) 6. City Logo - Council Chambers 7. Fire Marshal (Att.No.14D - Memo) -3- v AGENDA- MONDAY, FEBRUARY 26, 1990 PAGE 4 15. COUNCIL REPORTS A. Mayor Haugen B. Councilmembers 16. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF THE CLAIMS -4- -CITY OF SHOREWOOD COUNCIL CHAMBERS SPECIAL WORKSHOP MEETING 5755 COUNTRY CLUB ROAD THURSDAY, FEBRUARY 1, 1990 7:30 PM M I N U T E S CONVENE Mayor Haugen opened the workshop meeting at 7:30 PM. ROLL CALL Present: Mayor Haugen, Councilmembers Stover, Brancel, Gagne and Watten Staff Present: Administrator Whittaker, Attorney Froberg, Engineer Norton, Planner Nielsen, Finance Director Rolek, Public Works Director Zdrazil, and Assistant Clerk Niccum Also Present: Dan Nelson of Holmes and Graven Law Firm and Bob Thistle of Springsted APPROVAL OF AGENDA Watten moved, Stover seconded, to approve the agenda with the addition of discussion of Tad Jude's letter and an executive session to follow the special workshop meeting. Motion carried - 5/0. SURVEY FOR S.E. AREA WATER TREATMENT The Council reviewed the draft questionnaire and made several changes. Gagne moved, Brancel seconded, to send "water quality questionnaires" to all property owners currently hooked into the S.E. Area System, and all property owners in the Commercial and double bungalow area who. will be attached to the S.E. Area System - not to include Shady Hills area at this time. Motion carried - 5/0. SITE FOR PUBLIC WORKS GARAGE AND COMPOSTING Administrator Whittaker reminded the Council that this had been on the last agenda, identifying a Public Works site, with the potential for a temporary compost transfer site. He said the issue has now become more critical. Information from Tad Jude showed that the County is thinking about having a meeting February 6 where they would approve giving the tipping fees on compost to the cities so they could run their own compost sites. Planner Nielsen described two sites that the City is considering for Public Works sites: 1. The John Cross property at 24250 Smithtown Road (33- 117- 23 -11- 0004). Next to this property is the Bishop property at 24140 Smithtown Road (33- 117- 23 -11- 0003). These two pieces of property are approx- imately 7 acres in size apiece. Cross has mentioned splitting off approximately 1 acre with the existing house on it. -1- SPECIAL WORKSHOP MEETING THURSDAY, FEBRUARY 1, 1990 Page two SITE FOR PUBLIC WORKS GARAGE AND COMPOSTING - continued 2. The Wagner property at 25720 State Highway 7 (32- 117 -23 -44 -0004) which abutts Freeman Park. Nielsen said they had put together a list of site characteristics appropriate for a Public Works site. 1. decent buildable soil 2. 5 -6 acres for Public Works alone -if composting, need additional land 3. access - a 9 Ton road available all year (Hwy 7 or Cty Rd 19) 4. minimal surrounding residential area 5. relatively flat 6. fairly central location (central 1 /3rd of City) 7. enough turnaround area for a tractor /trailer 8. sufficient parking 9. salt /sand storage room Nielsen said a third possibility would be the property the Baywood Shops were considering, but this has considerable wetlands and residential to the north. Public Works Director Zdrazil said he felt the Cross /Bishop property would best meet the City's needs. It is a more central location, especially if Tonka Bay, Shorewood, and Excelsior would combine any services. Haugen asked if getting out on Cty Rd 19 would create more of a problem than they currently have? Zdrazil said no, he didn't think so. He mentioned the fact that the traffic coming from Mound does not have to stop. Gagne felt it was important to stay away from residential, and make sure the site is large enough. He felt if both pieces were acquired, they could be sufficiently buffered. Gagne moved, Stover seconded, to give staff the authority to discuss the sale of the Cross and Bishop properties with the owners, including �- finding out if they intend to retain the homes or sell them. Motion carried - 5/0. Planner Nielsen said it might be worth considering rezoning the area residential /commercial. Whittaker discussed composting. He said if the City had to do this, it would be similar to the burning site the City had in the past, it Would require 2 full -time people and equipment, and may be costly to the City. Council discussed compost sites vs. transfer stations. The Council feels it is the County's responsibility to find a site(s). Mayor Haugen and Councilmember Watten will make the City's opinion known to the County Board. -2- SPECIAL WORKSHOP MEETING THURSDAY, FEBRUARY 1, 1990 Page three REWAR FOR RECYCLING The Council discussed various methods of rewarding residents for recycling. They made the following decisions: 1. Draw a name from all residents 2. Draw every recycling day 3. Start with $25. 4. Have Public Works check to see if this person recycled 5. If they did, pay them $25 by check 6. If they did not recycle, use progressive method, next week draw for $50, etc. WORKSHOP FOR FINANCING ALTERNATIVES - WATERFORD 3RD ADDITION Planner Nielsen explained the improvements. He said they tried to separate the internal and the external improvements. Only the external improvements are being considered tonight, the intersection itself, a watermain that would be extended from the water tower across the highway for future extension to the north, a watermain that would extend over to Shady Hills and loop the water through Shady Hills and back into the present water system, and the upgrading of the service roads to the edge of the Waterford III project. He also mentioned the upgrading of the service road from the edge of Waterford Phase III west to Vine Hill intersection, and west from the intersection to Vine Hill Road. Haugen asked if the area from the end of Covington Road to Vine Hill Road is included? Nielsen said not at this time. Presumably this would fall into a 5 year Capital Improvement Plan. Where it falls within the plan is up to the Council. He said it would be eligible for MSA Funds. Engineer Norton presented the following costs: Old Market Road Intersection to Shady Hills - frontage road Figures by Schoell Madsen ......................$ 480,000 Service Road - 400' - East end ................. 75,600 Service Road - 550' - West end ................. 104,000 Total frontage road project cost ...........................$ Intersection construction cost .................$ 393,500 Water pipe to Shady Hills, Lights, semiphores.. 137,500 (signalization approximately $ 108,000) 659,000 Total........................ ..............................$ 531,000 Total Cost $ 1,190,000 Engineer Norton recalled a conversation held with Craig Robinson, MnDOT, who worked with Marl: Benson on the intersection. MnDot has - a special cooperative agreement program where, if a project is scheduled for years down the line, and the City wants to finish it sooner, they will pay up to $250,000, when the City pays 1/2 the costs. Engineer Norton recently had another conversation with SPECIAL WORKSHOP MEETING THURSDAY, FEBRUARY 1, 1990 Page four WORKSHOP FOR FINANCING ALTERNATIVES - WATERFORD 3RD ADDITION - continued Chuck Weichselbaum, the person in charge of this program. He sends out letters in May to communities to see if the City wants to participate in a "cooperative agreement program ". If interested, they have until July or August to respond. If a community responds positively, those projects more or less fall into a priority listing, and they are done after the State does their main projects. The money from the state would be available as soon as the project is approved and a cooperative agreement contract is signed. He said the State budgets for these projects. FY91 runs from July 1990 to June 1991. Haugen asked if it was $250,000 for the whole project? Norton said yes. Haugen asked if they did one section one year and another section another. year, would it be double? Norton said maybe that would, then be two projects. The Council asked who would be responsible for closing the ramps? Norton said the State will do this. Norton also said the State will cover the entire cost of the Vine Hill Intersection. Planner Nielsen asked Engineer Norton if any funding is available for the Old Market Road Intersection? Norton said Craig Robinson had said "no ", but did not give a direct answer. Administrator Whittaker was directed to ask MnDOT for an official answer. Finance Director Rolek and Bob Thistle of Springsted reviewed the followin options outlined in the January 29, 1990 memo from Finance Director Rolek and Administrator Whittaker with the City Council: 1. General Obligation, Selling Bonds after entire City. 2. General Obligation, Special Assessments benefit, through in Property Tax supported bonds (General Fund) a referendum and spreading the cost over the Special Assessment supported bonds levied on properties which would receive direct creased property values, from the improvements. 3. State Aid Funds - MSA funds could probably not be used as the finished streets would not be a part of the City's MSA system. 4. MnDOT Participation - 5. Tax Increment Financing - The Council discussed the options and decided that Tax Increment Financing should be explored further. -4- SPECIAL WORKSHOP MEETING THURSDAY, FEBRUARY 1, 1990 Page five WORKSHOP FOR FINANCING ALTERNTIVES - WATERFORD 3RD ADDITION - continued Council Discussion Council asked what the risks to the City are with Traditional Tax Increment Financing? Bob Thistle of Springsted said it is very similar to special assessment. If the taxes aren't paid, the City has the shortfall. However, if they are not paid for 3 years, the property falls back to the mortgage holder. The taxes will then be paid because the mortgage holder would not want to lose the property. Thistle said the City could negotiate conditions into the development agreement to assure funding. Gagne expressed concern over what the State Legislature is going to do about Tax Increment Financing, and asked what would happen if they cut it? Thistle said if the City gets three or four months into tax increment financing and the State acts, the City will have to face that reality. Generally, changes in thax increment financing in Minnesota have not been retroactive. Thistle said you can go back later and make changes. He said right now the undeveloped area would generate $2,200,000 in increment. This leaves $500,000 the developer adds to the pot. The City can either redistribute this money to the other taxing authorities or go in and make additional improvements. Stover said if you plan ahead well enough, you can include future improvements like iron removal in the project area. Thistle said that a TIF District is 10 years in duration and would receive 8 increments out of the district. Council asked what happens if the project goes under in 18 months? Thistle said that you build securities into the development agreement. The ideal way would be a letter of credit for the bond amount. Gagne asked who is hired to set up the TIF District? Attorney Froberg said Kurt Pearson, a bonding Attorney will review and approve bonding for the project. The League of Cities will work with the City in drafting the conditions. Administrator Whittaker said Springsted would do the tax increment plan, and assess all the conditions. Dan Nelson of Holmes and Graven Law Firm, representing the developer, said this project has some advantages. The developer is willing to have the commercial 70% built by the end of 1990, and the Commercial will be finished by the end of 1991. There will be a bank loan in place to do the improvements by the time the contract is signed. He said when the Commercial is built, the debt will be off the single family lots and they SPECIAL WORKSHOP MEETING THURSDAY, FEBRUARY 1, 1990 Page six WORKSHOP FOR FINANCING ALTERNATIVES - WATERFORD 3RD ADDITION - continued Council Discussion - continued can do some mortgaging there. He said a tax increment guarantee isn't troublesome to someone who pays their taxes, and they know they have to pay them. Nelson said the City and the developer have been working together to try to come up with a conservative approach. The Council asked if "Traditional" and "Pay -as- you -go" can be combined? Thistle said it can be researched but he's not sure they'd want to do that. Planner Nielsen said the City can do a tax increment study but this does not commit them to anything. Administrator Whittaker said a public hearing must be held on the TIF Plan. Finance Director Rolek, discussing the pay -as- you -go plan, said if the developer pays, the financing cost is higher, and there is less increment to work with. Planner Nielsen said you may not be able to do as many improvements with pay -as- you -go, such as the service road. Nielsen also said a tax increment plan will cost. He said the devleoper should escrow $10,000 - 15,000 with the City to finance the TIF Plan preparation. Finance Director Rolek said if the project goes ahead and TIF is used, the cost incurred in doing the TIF Plan would be rolled into the project and the escrow would be returned to the developer. COUNCIL BREAK - 9:15 - 9:20 Thistle said it is important to define the district area, and to define what the City wants to do. Watten moved, Stover seconded, to direct the staff to investigate a tax increment financing plan, define a district, and to report back with: 1. A tax increment plan 2. A developed district plan 3. An outline of public improvements that could take place. Motion carried - 5/0. Dan Nelson expressed condern over developing the housing, getting the development moving, and shifts in State law. Haugen said she felt it was important for the Council to take as long as necessary to study the issue and make a decision, especially as tax increment financing is new to them. s SPECIAL WORKSHOP MEETING THURSDAY, FEBRUARY 1, 1990 Page seven WORKSHOP FOR FINANCING ALTERNATIVES WATERFORD 3RD ADDITION - continued Thistle led the Council through the process, the sequence of events for creation of a project area and establishment of tax increment financing district (see page 4 -1 in his handout). Administrator Whittaker said every step will be under review by the Counci Thistle explained that the project area can be larger than the TIF District and that there can be more than one TIF District in the project area. The information requested will be reviewed at the March 5, 1990, Study Session. Stover moved, Brancel seconded, that the developer be required to escrow $15,000 with the City to provide for the cost to prepare the plans required for a TIF District. If the project uses TIF, the cost of TIF plan preparation will be rolled into the district. Motion carried - 5/0. TAX FOR FEITED PROPERTY RESOLUTION NO. 14 -90 Gagne moved, Stover seconded, to adopt Resolution No. 14 -90, "A Resolution approving the Sale of Certain Parcels of Tax - Forfeited Land ". Motion carried - 5/0. PA YMENT OF CLAIMS SUBJECT TO APPROVAL OF CLAIMS AND EXECUTIVE SESSION Stover moved, Brancel seconded, to adjourn the special workshop meeting at 10:02 PM, with the direction that the list of claims will be at City Hall, and each Councilmember will review and approve them individpall; at City Hall. Council entered into an Executive Session. Motion carried - 5/0. EXECUTIVE SESSION Council entered the Executive Session at 10:07 PM. REGULAR SESSION RECONVENED the Regular session reconvened at 10:34 PM. ADJOURNMENT Stover moved, Brancel seconded, to adjourn at 10:35PM. Motion carried - 5/0. RESPECTFULLY SUBMITTED, Susan Niccum Assistant City Clerk the Special Workshop meeting Jan Haugen Mayor La urence E. Whittaker Administrator /City Clerk CITY OF SHOREWOOD 0 REGULAR COUNCIL MEETING MONDAY, JANUARY 22, 1990 C *CIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I N U T E S CALL TO ORDER Mayor Haugen called the meeting of Monday, January 22, 1990, to order at 7:30 PM. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. 4nT T I T Present: Mayor Haugen, Councilmembers Brancel, Watten, Stover and Gagne Also Present: Administrator Whittaker, Engineer Norton, Attorney Froberg, Planner Nielsen and Assistant Clerk Niccum APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the minutes of the Regular Council meeting of January 8, 1990 as amended: Page eight typo - bottom paragraph - "representative Page 10 Regular Session Reconvened at 10:02 PM - not 12:12 PM. ~ Adjournment was at 10:06 PM - not 12:14 PM. Motion carried - 5/0. APPROVAL OF AGENDA Watten moved, Stover seconded, to have the January 22, 1990 agenda stand as written. Motion carried - 5/0. CONSENT AGENDA Item B -3 - "Approval of Dock Licenses" - Tabled Administrator Whittaker said he had talked to Planner Nielsen. The docks have not been inspected for some time, and should be inspected before approval. Gagne moved, Brancel seconded, to remove item B -3 - Dock Licenses - from the Consent Agenda. Motion carried - 510. -1- r COUNCIL MINUTES a 0 MONDAY, JANUARY 22, 1990 Page two CONSENT AGENDA continued Gagne moved, Brancel seconded, to approve: - Payment of Voucher No. 2 to Visu Service Clean & Seal, Inc., 2849 Hedbey Drive, Minneapolis MN 55343 -994, in the amount of $14,833.48; -Waste Hauler's licenses for: Blackowiak & Son Chaska Sanitation Gopher State Trucking Haugen's Haulers Sanitation MJA Sanitation R &W Sanitation, Inc & R &W Roll -off Service Rueter, Inc. dba Waste Technology Waste Management - Savage Woodlake Sanitary Service; -and Cigarette Licenses for: American Legion Post #259 Driskills Super Valu Howard's Point Marina Minnetonka Country Club Synder Drug Shorewood Food Mart (Fina) Skipperette Arnolds - Woodside Enterprises Motion carried - 5/0. PARK COMMISSION REPORT Freeman Park - Additional Little League Field Park Commissioner Lindstrom reported that he met with the Tonka Men's Club. They are interested in putting another Little League Field in Freeman Park and are exploring several alternatives. The possibility of moving the Babe Ruth Field over to the BMX site had been considered, placing another Little League field on the existing Babe Ruth field site. It appears that the BMX site will hold another Little League field, but may not be large enough for a Babe Ruth size field. The Men's Club also discussed the possibility of buying additional land from Wagner for a field site. They were also going to talk to some contractors for cost estimates, and contact Hennepin County Vo Tech to see if they would do some work on the field as a project. Freeman Park - Shared Use of Babe Ruth Field Lindstrom said that "South Lakes Baseball" and the teams from Bennett Field have been working with Jim Jones of Community Services. Jones said they both seem anxious to work out a compromise and share the use of the field. -2- COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page three PARK COMMISSI REPORT - continued Silverwood Park Questionnaire Lindstrom asked the Council to publish the questionnaire in the City newsletter. Grooming of Cross Country Ski Trails in Fre eman Park Lindstrom said the Southwest Trail Association has offered to groom the walking trails in Freeman Park so they can be used as cross country trails. He explained that Commissioners had already checked with Hennepin and Carver Counties, and they were unable to do it. The Council discussed the problems with complaints regarding snowmobiles. Watten said the police should be required to police the trail. Haugen said it is a matter of catching them. Administrator Whittaker said individuals can file complaints against people causing problems with snowmobiles. The Council discussed pros and cons of grooming the trails. Brancel asked the cost, and was told its free. She suggested that as long as no cost is involved, why not try it for a year. The Council pointed out that they wished to make it absolutely clear that if they accepted the grooming of the trails, it would in no way influence their decision regarding use of snowmobiles in Shorewood. Watten moved, Gagne seconded, to allow Southwest Trail Association to groom the walking trails in Freeman Park for cross county ski use for a period of 1 year. Motion carried - 5/0. Parks Maintenance and Improvement Watten said he thought something was going to have to be done to provide funds on a permanent basis for improvements and maintenance of City Parks. Silverwood Park Questionnaire Watten, and the rest of the City Council, complemented Park Commissioner Weatherly on the excellent job she did on the questionnaire. PLANNING COMMISSION REPORT Stover said the last meeting had been a joint meeting with the City Council. She said the Planning Commission is in the process of updating the Comprehensive Plan. FEASIBILITY STUDY - I RON REMOVAL /TREATMENT FOR S.E. AREA WATER SYSTEM Administrator Whittaker said there are several alternatives that can be taken. He said he thought it was the understanding of the City Engineer that the Council was looking for a report that they could take to a Feasibility Hearing. Whittaker said this is one approach. -3- COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page four FEASIBILITY STUDY - IRON REMOVAL /TREATMENT FOR S.E. AREA WATER SYSTEM continued Whittaker said another approach to take would be to just come up with a good cost estimate for an iron removal plant in the current pumphouse area in Silverwood Park so there would be enough information available to advise the affected property owners of the cost involved, and try to access the needs and interest shown. This would dictate how much money to spend. Whittaker asked the Council for feedback, how much information they want? Stover said it appears that this would be expensive. Do we need more information? Where are we going with this? Should we meet with the neighbors? Find out if they are interested enough to pay this kind of cost? Have the meeting with neighbors first before spending additional monies to find out what is basically already known? Gagne said before meeting with a whole group of neighbors ... he wants to know the cost. Haugen said they may find out that treatment in individual homes is less expensive. Watten said all the answers can only be available through study. He wondered if it is decided to do nothing - -what will repairs cost? Stover brought up the fact that the dollar figure may not include everything. Haugen said she didn't find a breakdown as to what Associated Consultants was going to do for the cost indicated. Whittaker said there was a short synopsis in their original proposal, and at the last meeting they provided a supplement listing things they had not included. Noel Vogen of Associated Consultants said he met with Administrator Whittaker the other day and they discussed the scope of the project. He said he was receiving the impression that his company would not be doing all OSM has proposed to do. Vogen disagreed, saying that other than the differences listed in his January 8, 1990 report, they would be doing everything OSM would be doing with the exception of looking into alternative filter systems. Haugen asked how many hours it would take. Vogen said he would be doing the study himself, that it is a fairly simple matter and with his firm this type of work doesn't require a team. He said it would take him 48 hours. He said he review the water based on analysis, and if he finds anything unexpected, he would relay this information to Administrator Whittaker. Vogen said his firm would present costs on an iron removal plant, softening treatment, and both. -4- COUNCIL MINUTES • MONDAY, JANUARY 22, 1990 Page five FEASIBILITY STUDY - IRON REMOVAL /TREATMENT FOR S.E. AREA WATER SYSTEM continued Engineer Norton said he felt both companies had made assumptions from the December 4, 1989 meeting of what the Council wanted. He discussed the problems that they are aware of. He referred to plants in different cities, regarding both iron removal and softening plants. Norton said he felt there is a fair amount of investigation necessary - the technical, neighborhood concerns, meetings, good communication, financing, assessing, etc. Norton referred to the hours, saying Associated Consultants Engineering, Inc. said 48 hours, OSM said 164 hours, the City is getting 4 x the input for 4 x the cost. The Council discussed ways of comparing and evaluating the work to be done by the two firms. Norton suggested getting something out to the neighborhoods to see how much interest is shown, do a complete evaluation if there is a great interest. Gagne moved, Brancel seconded, to send out questionnaires to the affected residents in the S.E. Area. Council discussed methods of delivery, how to setup the questionnaire, what happens if it comes out 50/50? Watten said if so, the Council should act. Motion carried - 5/0. Council asked Administrator Whittaker and Engineer Norton to set up a questionnaire, put it together, and present _results at the February 1, 1990 meeting. (Council agreed that having results by February 1 was impractical and a draft should be prepared for February 1 per phone survey after the meeting.) Brancel moved, Gagne seconded, to table the two proposals until February 1, 1990. Motion carried - 4 ayes - 1 nay (Watten). HIGHWAY 7 INTERSECTIONS AND FRONTAGE ROADS, MN /DOT PLANS & RESPONSES Christmas Lake Intersection Mn Dot is requesting pre rmi.nary approval of the intersection. Engineer Norton has reviewed the maps. The intersection would be moved approximately 150' west on its current location. This would result in relocation of the residence at 21285 Radisson Road, moving two garages (21265 and 21235 Radisson Road), and closing several access points to Highway 7, Radisson Road, Radisson Entrance (would become a cul -de -sac), and an access in Greenwood. Northland Yachts in Greenwood would have to relocate. A retaining wall would be built along Radisson Road. The M.W.C.C. Lift Station would need relocation. i • COUNCIL MINUTES MONDAY, JANUARY 22, 1490 Page six HIGHWAY 7 INTERSECTIONS AND FRONTAGE ROADS, MN /DOT PLANS & RESPONSES continued Haugen asked if the Shorewood area to the west and south of the current intersection is wetlands? Planner Nielsen said it is a swamp, but not designated wetlands. There would be a new culvert into the wetlands, the whole system would be improved according to Mark Benson of MnDOT. Benson said the retaining wall to be placed along Radisson Road would be concrete with J -rail. This is safest and prevents cars from running off the road. It is also a headlight and noise deflector. Gagne asked what Greenwood's reaction to this was? Benson said they are attending a meeting with Greenwood on February 1, Greenwood is not yet aware of Alternative 4. Stover asked why Staff picked this plan over others? Nielsen said for overall safety. He said the other plans resulted in 2 intersections very close together. Council was told that the cul -de -sac on Radisson Entrance is a courtesy to allow snow plows to turn around. Haugen asked where the lift station would go? MnDOT didn't know yet. She asked that it not be located directly across from someones home. Council asked if any affected landowners have been contacted? MnDOT said this isn't done until a plan is finalized. This plan could still change. Watten moved, Gagne seconded, to approve Alternative 4 for the ~ Christmas Lake Intersection. Motion carried - 5/0. Before any action is taken, a public hearing will be held-by MnDOT. Vine Hill Road Intersection Engineer Norton reviewed the intersection map with the Council. Benson said the current proposal for the intersection would infringe onto residential property. Watten asked if the landowner would be compensated? Benson said yes, for a strip approximately 10' x 50'. Haugen said the City had promised that the intersection would not go onto residential property. She asked if the intersection could be pulled back to the property line? MnDOT said they thought that could be done without creating a problem. One Council member asked why they couldn't use the property behind Burger King instead? Benson said that the intersection has to remain perpendicular in order to meet MnDot specificiations, if the inter- section is not perpendicular, it becomes less safe. 0 0 COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page seven HIGHWAY 7 INTERSECTIONS AND FRONTAGE ROADS MN /DOT PLANS & RESPONSE Vine Hill Road Intersection - continued The improvement of the service roads was discussed. This included the service road from the Old Market Road intersection to the Vine Hill Road Intersection, and from the Vine Hill Road Intersection to the Vine Hill Road Shorewood border. The City of Minnetonka will then improve the service road in Minnetonka. Gagne moved, Brancel seconded, to give concept approval to MnDOT for the Vine Hill Intersection contingent upon moving the 12' encroachment out of Shady Hills residential property. COUNCIL BREAK - 9:30 TO 9:35 PM Stover and Haugen expressed their convictions that the intersection should be moved west. Benson said people are not used to streets that are not perpendicular. They could end up in the wrong lane. He again said that the inter- section has to meet certain geometric standards or MnDOT will not approve it. Council and MnDOT discussed the various businesses affected. MnDOT said that even if the intersection was moved west, there was no way to avoid taking Arnolds out. Motion failed - 2 ayes - 3 nays Watten moved, Stover seconded, to disapprove the intersection plan presented, and asking MnDOT to come up with an alternate design moving the intersection west. Motion carried - 3 ayes - 2 nays - Brancel and Gagne. SOUTHWEST AREA TRAFFIC IMPROVEMENTS RESOLUTION NO. 13 -90 Highway 101 and Townline;Old Market Rd. Planner Nielsen reviewed his report of January 18, 1990, with the Council. He pointed out the trail easement from the north side of Silverwood Park to the south service road of Highway 7 on the map. Nielsen explained the proposal for Townline Road where it comes out from the west and intersects with 101. Hennepin County proposes to broaden the curve on 101 at that intersection and twist Townline Road into a "T" at that location. He said he had discussed the intersection with both the City of Minnetonka and Hennepin County. They discussed southbound access to 101. This would not allow traffic to go east on 101 to Crosstown, nor to come back that way. Minnetonka is not in a position to make a decision at this time because they are involved in a larger issue, Crosstown. The status of their negotiations depends on what they decide on the overall plans for Crosstown, The overall improvement for that roadway could be delayed 8 -10 years. He said Minnetonka is in line for a Hennepin County Capital Improvement Program, and if they delay too long on the final plans, the project will be placed at the end of the list7again. COUNCIL MINUTES • • JANUARY 22, 1990 Page eight SOUTHWEST AREA TRAFFIC IMPROVEMENTS Highway 101 and Townline; Old Market Road - continued Planner Nielsen then went on to make the recommendations given in his January 18, 1990 report. Nielsen said that if Townline was southbound only, it could force more traffic north on Vine Hill Road and Old Market Road. Gagne asked if cars stop at the Covington Road stop sign now? Nielsen said mostly, some kids go on the other side of the sign onto private property. Haugen encouraged Nielsen to continue to talk to Minnetonka about putting in a berm and making Townline Road on our side a one -way, south. Watten moved, Gagne seconded, to establish a budget to begin upgrading the trail from Covington Road to the service road south of Highway 7. Motion carried - 5/0. Jay Hare asked if the City had considered putting in a stop sign at Waterford Place and Old Market road? Nielsen said this is an odd place to put a stop sign. If people have to stop in a place like this, they will speed to make up time. Hare asked why reformatting of the intersection is so important? Nie so the City is holding off. traffic between Vine Hill Road and directed through Covington Road to Hare. Vine Hill Road /Covington Road lsen said it may not be necessary, Hare asked why instead of sharing Old Market Road, it should all be Old Market Road? Watten agreed with Hare said the residents have environmental concerns, in 1984 when the EAW was done, 3800 cars were estimated to use Old Market Road, now 8000 are estimated to use it. Phase III now faces Highway 7 and will draw more traffic, originally it was designed to face the townhouses. He said usually EAW's are done with each phase. He said they will petition the City for a new EAW. The Council and Staff discussed stop signs and crosswalks at length. They also discussed speed bumps. Haugen related one incident in the City where we had a speed bump and a child on a bicycle was seriously injured because of it, she is against them. "Rumble strips" were also discussed for use where bicycles don't ride. Nielsen, Norton, and Whittaker were requested to look into them. RESOLUTION NO. 13 -90 Stover moved, Gagne seconded, to adopt Resolution No. 13 -90 - "A Resolution to Place a Stop Sign on Sweetwater Curve and Covington Road ". Motion carried by roll call vote - 5/0. 0 0 COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page nine MATTERS FROM THE FLOOR Discussion of Financing for Old Market Road In tersection Financing alternatives will be discussed at the City Council Workshop meeting on Thursday, February 1, 1990. Comprehensive Plan Review Planner Nielsen said the format has already been established. The Planning Commission will try to do it in 1990, probably early summer. Jim and Carol Slaughter -5 570 Old Market Road- Comments on Water Stud Carol Slaughter said she is pleased at the attention the water problem is getting, however, she thinks the City is looking at it backwards. The water is not drinkable. Both Slaughters said they expected clean drinkable water, and don't expect to pay for a water treatment.. STAFF REPORTS PLANNER'S REPORT Mobile Phones Planner Nielsen asked for clarification on whether the City is interested in accepting Cellular One's offer to present the City with 3 mobile phones. Installation would be free. He quoted rates. He asked if the City wanted to get the phones for SLMPSD? The Council discussed the issue at length. Gagne moved, Stover seconded, not to accept the phones offered by Cellular One. Motion carried - 3 ayes - 2 nays - Haugen /Watten. Tax Forfeited Property Planner Nielsen informed the Council that Hennepin County had advised the City of 4 parcels of land that are coming up as tax forfeit land. A. 32- 117 -23 -12 -0010 Wildrose Lane B. 32- 117 -23 -24 -0011 Smithtown Road C. 32- 117 -23 -32 -0002 Currently handled by Daniel Randall as trustee. very low - serves somewhat as drainage - approximately 1 acre approximately 10.5 acres quite developable - sits in center of single family residential area - considered for Public Works site and for Senior Housing - doesn't meet criteria for either - Public Works: too far west; too difficult to buffer; Senior Housing: out of the way; neither very acceptable for center of single family residential. approximately 1 acre - buildable Woodside Cemetary borders land on east and south - appropriate for Cemetary. • COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page ten STAFF REPORTS - continued PLANNER'S REPORT Tax Forfeited Property - continued D. 35- 117 -23 -11 -0016 Christmas Lake r: small piece of property landlocked by another piece - approximately 15' x 30' Gagne moved, Stover seconded, to have the Attorney draw a Resolution offering: 32- 117 -23 -12 -0010 for public sale 32- 117 -23 -24 -0011 for public sale 32- 117 -23 -32 -0002 find name of trustee and send letter stating for sale 35- 117 -23 -11 -0016 sell to adjoining property owners Motion carried by roll call vote - 5/0. Rental Housing Code - Review and Set Hearing Held in abeyance. ATTORNEY'S REPORT _R esolution Approving a Simple Subdivision & Lot Widt V ariance Location: 27095 Edgewood Road Applicant: Phyllis Lovrein Attorney Froberg said there is a problem with the legal description, so Mrs. Lovrein has to go through an R.L.S. procedure, this will take time so the item should be tabled. Gagne moved, Watten seconded, to table the Simple Subdivision and Lot Width Variance for Phyllis Lovrein of 27095 Edgewood Road for 90 days. Motion carried - 5/0. Resolution Approving a CUP to Exceed 1000 Sq. Ft. of Accessory Space Location: 5635 Christmas lake Point RESOLUTION NO. 12 -90 Applicant: Harley Feldman Watten moved, Stover seconded, to adopt Resolution No. 12 -90 - "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Harley Feldman ". Motion carried by roll call vote - 5/0. Tax Abatement for Lot 86 of Auditor's Subdivision 141 Attorney Froberg said he checked the statutes pertaining to tax abatement. The City does not have the authority to abate these taxes. Amending City Code Relating to Health and Safety Provision, Chapter 501 Gagne moved, Brancel seconded, to waive adopt Ordinance No. 221 - "An Ordinance Shorewood City Code Relating to General Motion carried by roll call vote - 5/0. ORDINANCE NO. 22 the second reading, and to Amending Chapter 501 of the Health and Safety Provisions. -10- COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page eleven STAFF REPORTS - continued ATTORNEY'S REPORT Widme Lawsuit - Status Attorney Froberg asked that this item be continued until the end of the meeting and discussed in an Executive Session. ADMINISTRATOR'S REPORT Recycling The Council discussed the bins at the Shorewood Shopping Center, and the possibility of moving the bins to the City Hall Parking Lot. The reason for discussion being the mess that builds up around the bins at the shopping center. Watten moved, Stover seconded, keeping the bins at the Shorewood Shopping Center, moving the bins as far west as possible, and that the moving be done by Public Works. Public Works is also requested to check on the area and keep it clean. Motion carried - 5/0. Watten moved, Gagne seconded, that bins are not to be put at City Hall. Motion failed - 2 ayes - 3 nays. Brancel moved Stover seconded, that bins be placed at City Hall after the next newsletter goes out. Planner Nielsen said the City is trying to clean up Badger. Public Works Director Zdrazil said the bins would be in the way for snow plowing. Brancel and Stover withdrew their motion. Additional replacement bins Brancel moved, Stover seconded, recycling bins. Motion carried to charge $7.00 for replacement - 5/0. Composting Yard Waste No discussion COUNCIL BREAK - 11:20 - 11:25 Animal Contro Brancel moved, Gagne seconded, to approve the three -year animal control contract with the City of Chanhassen at $22 an hour, and authorize the Mayor and Administrator to execute a contract for the service. Motion carried - 5/0. Extra Patrol The Council does not think they are necessary at this time, but will discuss and act at a later date if necessary. -11- 0 • COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page twelve STAFF REP ORTS - continued ADMINISTRATOR'S REPORT Co dification of Ordinances - Sterlin Codifiers Stover moved, Gagne seconded, to approve payment of $1,840. to update 115 pages of the 1987 City Code and make fifty (50) copies of the Code Supplement. Payment to be made to Sterling Codifiers. Motion carried - 5/0. Fee for Subscriber Service Council left this up to Administration. 1990 League of Minnesota Cities L egislative Conference This will be held March 14 at the Radisson Hotel in St. Paul. If interested please contact Administrator Whittaker A.S.A.P. City Logo Whittaker said one person never did return his calls. Mr. Hunter is in the process of carving the letter in oak. Haugen said to call Vern Haug in Tonka Bay, he will furnish another name. Computer Bids Stover moved, Watten seconded, to ; advertise for Bids with a bid opening date of March 5, 1990. Motion carried - 5/0. February Meeting Calen January 29 ........ Work Shop Cancelled February 1 ........ Work Shop February 12 ....... Council meeting cancelled - no quorum February 26 ....... Regular Council meeting February 7 - 14 ... Gagne Acting Mayor COUN REPORTS LMCD Haugen went to meeting for intergovernmental topics. She said the information will come back in booklet form and she would like everyone to review it. If you have any problems, tell Administrator Whittaker and have him respond. Police - SLMPSD Quarterly Board Meeting Haugen attended the meeting and handed out information to Council. MTC Haugen said she happened to see a small article in the paper saying MTC is considering closing Saturday service. There will be a public hearing in the Excelsior Chambers on February 21 at 7:30 PM. -12- COUNCIL MEETING 0 MONDAY, JANUARY 22, 1990 Yage thirteen Ginny Smith - Ex tra Hours while Deputy Clerk on sick leave Stover moved, Gagne seconded, to approve extra hours for Ginny Smith. Motion carried - 5/0. Recycle Article Gagne called attention to a good article in the January 17 Sailor paper. ADJOURNMENT Gagne moved, Brancel seconded, to adjourn the regular Council meeting of January 22, 1990 at 12:08 AM, and to enter an Executive Session. Motion carried - 5/0. EXECUTIVE SESSION The Executive Session was called to order at 12:18 AM. ADJOURNMENT OF EXECUTIVE SESSION The Executive session was adjourned at 12:52 PM. RECONVENE REGULAR COUNCIL MEETING The Regular meeting was reconvened at 12:52 AM. Payment of OSM Bills Watten moved, Stover seconded, approved payment of OSM bills for Freeman Park, including ballfield fencing. Motion carried - 5/0. Temporary Sign Permit - Fina Brancel moved, Watten seconded, approval of a temporary sign permit for Finamart - a 4' x 8' temporary sign announcing a car wash. ADJOURNMENT OF REGULAR COUNCIL MEETING Stover moved, Watten seconded to adjourn the meeting at 12:54 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, Susan Niccum Assistant City Clerk Jan Haugen Mayor Laurence E. Whittaker Administrator /City Clerk 0 0 Minnevashta E1erpentary School 2nd Grade Brownie Troop #1375 will be asking the Mayor and /or City Council of Shorewood to proclaim the week of March 11 -17, 1990, as Girl Scout Week in our Community. This week coincides with the birthdav of the Girl Scouts of America. Brownie Troop #1375 has 2 leaders (Annie Paul and Lynne Marcy) and 13 girls. Two of the girls will be making the request for the proclamation,_ at the City Council meetincr on February 26. The content of the proclamation follows. Where as the Girl Scouts of America recognize that today's girls will be tomorrow's leaders, And where as the Girl Scouts of America is the largest voluntary organization for girls in the world and draws upon a large resource of positive adult role models, And where as the Girl Scout movement continues to emphasize leadership and personal and career development for girls, And where as our community and world will be the direct beneficiaries of the skilled young women who are Girl Scouts. The official proclamation will be presented at the Council meeting. If you have questions, please contact me at 470 -0987. Thank you. Annie Paul Co- Leader Troop #137 r MEMORANDUM CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 21 FEBRUARY 1990 RE: STnEET LIGHT REQUEST - SHOREWOOD OAKS FILE NO.: 405 (GENERAL) Our office has received a request from Lundgren Brothers Construction (see Exhibit A) for street light installation. The proposed location for the requested light is shown on Exhibit B. The light is consistent with Shorewood's past policy for locating street lights. It is therefore recommended that approval be granted for the requested location. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. BJN:gs cc: Larry Whittaker Mike Pflaum A Residential Community on Lake Minnetonka's South Shore MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Wetten SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 21 FEBRUARY 1990 RE: STnEET LIGHT REQUEST - SHOREWOOD OAKS FILE NO.: 405 (GENERAL) Our office has received a request from Lundgren Brothers Construction (see Exhibit A) for street light installation. The proposed location for the requested light is shown on Exhibit B. The light is consistent with Shorewood's past policy for locating street lights. It is therefore recommended that approval be granted for the requested location. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. BJN:gs cc: Larry Whittaker Mike Pflaum A Residential Community on Lake Minnetonka's South Shore • LUrlDGR(n'* BROiINC <R ° «I°N 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473 -1231 January 22, 1990 Mr. Lawrence Whittaker Shorewood City Administrator 5755 Shorewood Boulevard Shorewood, MN 55331 Re: Shorewood Oaks Dear Larry: Lundgren Bros. Construction is not the developer of Shorewood Oaks, but controls it by means of an option agreement. Our home buyers, sales prospects and marketing representatives have asked why, when street lights were installed throughout this subdivision, no light was placed at the intersection of Highway No. 7 and Shorewood Oaks Drive, the entrance to the project. They report that it is very easy to miss this intersection at night -- particularly when traffic is heavy and one is unfamiliar with its exact location. We feel that in the interest of safety it would be prudent to order illumination at this time, and herewith are petitioning Shorewood for such service. The same kind of ornamental lighting as was installed throughout Shorewood Oaks is what we would prefer. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. Michael A. Pflaum MAP:bw cc: Larry F. Fortun, Northern States Power Company Brad Nielsen, Shorewood Director of Planning I 1��+ A s l t �55 - - - - - - - - - - - - - - - - - - - - - - - - - - - - lit T U) , Od6l' It ' 2 1 �9 �' ao f•+ . d i g c vs wz I O I 'o C + 4� ' p x 0 1.2 e, A lo 1-49� IT I rsvi 1 . r ? , I . �Y' k - ► b'- � b z ME z w aC U D LLJ z Z =) z 0 w s l t �55 - - - - - - - - - - - - - - - - - - - - - - - - - - - - lit T U) , Od6l' It ' 2 1 �9 �' ao f•+ . d i g c vs wz I O I 'o C + 4� ' p x 0 1.2 e, A lo 1-49� IT I rsvi 1 . r ? , I . �Y' k - ► b'- � b ivIEMORANDUM i• MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Wetten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 21 FEBRUARY 1990 RE: DORFMAN, CARRIE - EXTENSION OF R.O.W. PERMIT FILE NO.: 405 (R.O.W. PERMITS) Ms. Dorfman has requested an extension of the r.o.w. permit which was issued to her in September of 1989 (see attached request letter, dated 13 February 1990). This is to inform the Council that we have received no complaints relative to the location of the mobile storage unit. It is therefore recommended that Ms. Dorfman's request be granted. BJN:gs cc: Larry Whittaker Glenn Froberg Carrie Dorfman A Residential Community on Lake Minnetonka's South Shore 4-b w m the Bank oarcelsior February 14. 1989 Mayor Jar. Haugeo C1ty of Shoremuod 5755 Country Club Shuremuod. NN 55331 Dear Mayor Haugeo' lt iy t1me for us to ur9aoize the iOth. Annual Easy Race. Thiy year the race is planned for Sunday' May 61h. Thiy year the fees mili be divided -among ihe Fresh Water Fuundatiuo and the 'Crime Preventioo Funds" ( or their euoivaleoty ) uf the variuua puiice departmeots asyixtin9 in the race. The route thruogh your cummunity m1ll remain exactly the yame ay Past years. would you Please ubtain yuur Councii`s appruvai an let me k now . at your cuovenieoce' their reypunae. Yuur help is greutly � appreciated. . ~� Patrick S. Neiyeo Cuosumer Loan Officer 4Y/Wat9/StrB8t. Post Office Box 477^ Excelsior Minnesota 55331^612-474-5900 Offices in Shorewood and Eden Prairie L i • MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: The City Council,,;,G� FR: Larry Whittaker J C DT: February 22, 1990 RE: Park Planner / Silverwood Park Plan I have participated in the process of soliciting proposals for Park Planners from the beginning. I helped draft the RFP and reviewed the initial proposals. I helped screen those proposals and worked with the Park Commission to select finalists and develop the RFP for the Silverwood Park Planning proposal - which we used to help us assess the responsiveness, competence, thorough -ness, and fees of the finalists for Park Planner. I also checked references and attended all of the interviews and presentations before the Commission. AND...I heartily agree with the recommendation of the Park Commission to employ VanDoren Hazard Stallings with principles being Mark Koegler and Scott Haari. Their references had very high praise for them. Their proposal for Silverwood Park was very good and the fees were among the lowest. The have all of the resources we need: good planning skills, good experience in design, engineering and completing construction projects and very good experiences in assisting cities with park financing. They are very professional - yet have very good skills in working with the public and staff. I think they will be a great asset in completing the plans for our parks and developing a practical CIP and finance plan for the approved improvements. I also encourage the City Council to accept their proposal for Silver - wood Park. The surveys are in. The demand for improvements will reach its Zenith as the remaining lots are developed. And, we, need accurate costs and plans approved through a formal public hearing process to include in the City's 5 -year CIP and, possibly, the TIF plan. I am very exctied about the prospect of developing this plan and a for- mal CIP for the parks as soon as possible! A Residential Community on Lake Minnetonka's South Shore !^ • � FEB z o isso February 20, 1990 Mr. Laurence E. Whittaker City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mr. Whittaker: I was very pleased to learn that Van Doren - Hazard - Stallings was selected by the Park Commission to serve as the City's Park Planner /Landscape Architect. We are genuinely excited to have the opportunity to work with staff, the Commission and the City Council on Shorewood park improvements. When Sue Niccum called to inform us of our selection, she requested that we prepare and submit a draft contract. I have prepared a draft for your review which is taken largely from the contract that we currently utilize in other communities. Major provisions of the contract include the following: Section 2A - Basic Park Planning Services - This section will cover the vast majority of all work completed in the City of Shorewood. These provisions call for work to be completed on an hourly basis in conformance with a stated "not to exceed" maximum fee. Prior to the initiation of any project, Van Doren - Hazard - Stallings will prepare a detailed fee estimate for use in establishing the "not to exceed" amount. Section 2B - General Park Planning Services - In some cases, it may be appropriate to complete projects or portions of projects on a percentage fee basis. This section establishes the framework for such to occur if appropriate. The attached draft contract is intended to serve as a framework for the provision of all professional services to the City of Shorewood. Commencing work on any given project requires only the submittal of a work task and cost estimate letter to the City by Van Doren- Hazard - Stallings followed by a written "notice to proceed" to Van Doren - Hazard -Stal 1 i ngs from the City of Shorewood. Since it was indicated to us that the City desired to commence work on Silverwood Park in the near future, I have prepared and attached a work task /cost estimate letter for this project. SA 3030 Harbor Lane North Bid9.11, Suite 104 Minneapolis, MN. 55447 -2175 612/553 -1950 Mr. Laurence E. Whittaker February 20, 1990 Page 2 After you have had a chance to review the enclosed draft contract, I will be happy to answer any questions that arise or provide additional information if needed. I am planning to be present at the City Council meeting on February 26, 1990. On behalf of our entire firm, I would like to again thank you and the Park Commission for providing us the opportunity to work with the City of Shorewood. Sincerely , VAN DOREN- HAZARD- STALLINGS, INC. by : 1!� gLj- R. Mark Koegler, L.A. Vice President RMK:dbm Enc. • AGREEMENT for Consulting Services THIS AGREEMENT, made this day of , 19 by and between the City of Shorewood, hereinafter referred to as the City, and Van Doren - Hazard- Stallings, Inc., hereinafter referred to as the Consulting Park Planner; WITNESSETH, that WHEREAS, the City is authorized to and intends to employ the services of the Consulting Park Planner from time to time in the design and construction of park projects and in providing other park planner services, as more specifically set forth herein, and; WHEREAS, the Consulting Park Planner desires to provide such services for the City on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the City and the Consulting Park Planner agree as follows: 1. General Conditions 1A. Professional Representatives - The Consulting Park P 1 anner sha I I serve as the City's professional representative in the planning and supervision of construction in connection with the work assigned under this Agreement and shall give consultation and advice to the City during the performance of its services. 1B. Aut horization - All work performed by the Consulting Park Planner under this Agreement shall commence only upon written request from the City. 1C. Budget - The Consulting Park Planner shall submit an itemized budget for all work proposed under this Agreement. The budget shall outline estimated costs for the services requested. The budget may be changed as conditions warrant but such changes shall be approved in writing in advance by the City. 1D. Copyright or Patent Infringement - The Consulting Park Planner s a — eT - e - n - U actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by the Consulting Park Planner and the Consulting Park Planner shall hold harmless the City from any loss or damage resulting therefrom, providing however, that the City shall notify the Consulting Park Planner in writing within five (5) days of receipt of such notice of infringement or of summons in any action. 1E. Ins_u_ran� - The Consulting Park Plan shall secure and main a �uch insurance as will pr him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, property damage or professional liability which may arise from the performance of the services under this Agreement. 1F. Termi nation - This Agreement shall be valid and in full effect from the date of this Agreement until terminated by either party. This agreement may be terminated by either party, for any reason, with thirty (30) days written notification. 1G. Arbitration - Arbitration of all questions in dispute under this Agreement shall be south only by mutual agreement of the City and the Consulting Park Planner. All such arbitration shall be in accordance with the American Arbitration Association. The agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof. 1H. Confidentiality - All reports, information, data or other material given to, prepared by , or assembled by the Consulting Park Planner under this Agreement, shall be confidential and shall not be made available to any individual or organization without prior written approval of the City . lI. Indemnification - For purposes of the Agreement, the Consulting Park Planner is an independent contractor and shall not be considered as an employee or agent of the City . Any persons engaged in work to be performed by the Consulting Park Planner hereunder shall be employees of the Consulting Park Planner or its subcontractors, and any and all claims which may arise under Workmen's Compensation Acts of the State of Minnesota on behalf of said employees while so engaged shall be the obligation of the Consulting Park Planner or subcontractor. Any and all claims made by any third party as a consequence of any negligent act or omission on the part of the Consulting Park Planner or any subcontractor's employees while so engaged shall be the sole obligation and responsibility of the Consulting Park Planner or subcontractors. The Consulting Park Planner hereby agrees to indemnify and hold harmless the City and all of its agents and employees from any and all claims, demands, actions or causes of actions of whatsoever nature and character arising out of or by reason of the negligent performance of any services by the Consulting Park Planner hereunder. -2- The Ci� agrees to indemnify an old harmless the Consul g Park Planner and all its agents and employees from any liability it may incur as a result of any act or omission on the part of the City including, but not limited to, any actions taken by the City which are contrary to the advice of the Consulting Park Planner, while the Consulting Park Planner is acting in a purely advisory capacity . 1J. Nonassignability - Successors - This Agreement shall not be assigned by either party hereto; it shall, however, be binding not only upon the parties hereto, but also upon their successors to execute any instruments and to perform any acts which may be necessary and proper to carry out the purpose of this Agreement. 1K. Notices - All notices, requests, demands, or other communications from either party hereto to the other shall be in writing and shall be considered to have been duly given if sent by first class certified mail, postage prepaid to the other party. U. Ownership of Documents - All original plans shall become the property of the City, but reproductions of such documents shall not be used on projects except upon written agreement from the Consulting Park Planner, however, information shown thereon may be used for reference for future projects. The Consulting Park Planner shall provide the City with any and all sketches, reports, survey and specification calculations upon which designs are based upon written request from the City. 1M. City's Representative - The City Park Planner shall be the City's representative with respect to the work performed under this Agreement. 2. Park Planning Services 2A. Basic Park Planning Services - The Park Planner shall provide certain basic park planning services as outlined below for which compensation will be made based on hourly rates for the individuals performing the work. In such cases, written authorizations to proceed may include a "not to exceed" fee. 2A1. Surveying - The Consulting Park Planner shall provide the services of a Registered Land Surveyor and survey crews to perform boundary, topographic, or other surveys for the City not necessarily in conjunction with a construction project. Two (2) copies of the survey documents shall be provided to the City. -3- 2A2. Prgli h iminary and Final Park Pl - The Consulting Pa P anner shall prepare p minary and final park plans for neighborhood and community park facilities. Such plans may include but not be limited to the following: base map preparation, preparation of concept plan alternatives, preparation of a final park master plan and preparation of appropriate plans and specifications for implementation. 2A3. Construction Stakin - The Consulting Park Planner shall provide the field layout, staking and marking required for the Contractor to complete the project. Overtime shall be paid at the standard hourly rates. 2A4. Resident Project Representation - The Consulting Park P anner shall provide u -time or part -time project representation of all construction projects. Project representation requirements will be determined by the City and the Consulting Park Planner. 2A5. Easements - The Consulting Park Planner shall provide descriptions and drawings of easements required in the projects and shall forward the data to the City . 2A6. Supervision of Materials Testing - The Consulting Park Planner Shall review the testing of materials to determine conformance with the Plans and Specifications. 2A7. Contractor's Default- The Consulting Park Planner s hal I wor with t e bonding agent to arrange for the continuation of work on the project in the event the Contractor, for any reason, defaults. The Consulting Park Planner shall provide construction observation if it is necessary to extend the contract completion time and shall be compensated on an hourly basis. 2A8. Final Inspection - The Consulting Park Planner shall make a detailed — final review of the project with the City representative and shall furnish a report prior to the end of the guarantee period outlining all evident defects and deficiencies and prepare a listing of corrections. 2A9. Assessment - The Consulting Park Planner shall prepare the final assessment roll for presentation to the City Council. 2AI0. Environmental Studies - Environmental assessment work sheets, environmental impact statements and any other special permits under environmental studies will be considered Basic Park Planning Services. -4- 2A11. Sp,`al Reports or Studies - City Council may di IW t the Consulting Park i0anner to prepare special reports or studies which are not in conjunction with construction projects. The Consulting Park Planner shall forward twenty (20) copies of each such study or report to the City. 2Al2. Plan Review - The Consulting Park Planner may from time time be required to review site plans, subdivisions, development plans, etc. under the direction of the City. 2B. General Park Planning Services - As an alternative to the Basic Park Planning Services outlined in Section 2A, the Consulting Park Planner may be requested to provide general park planning services as outlined below for which compensation will be in the form of percentage fees. 2B1. Feasibility Reports - The Consulting Park Planner shall conduct and prepare all preliminary studies, layouts, sketches, preliminary field work, preliminary cost estimates, estimates of assessment rates, and shall assist the City in obtaining all required sub - surface investigations as required for the preparation of the Feasibility Reports. The Consulting Park Planner shall present the Feasibility Reports to the proper reviewing agencies and to the City Council. The Consulting Park Planner shall appear at the public hearing to present the information. The Consulting Park Planner shall supply up to twenty (20) copies of the Feasibility Report for use by the C i t y . 2B2. Preparation of Construction Plans and Specifications The ConsuTting Park Planner shall conduct and prepare all topographic surveys, cross- section surveys, profile surveys, studies of records, preliminary layouts and details, and shall assist the City in obtaining all required subsurface investigations for the preparation of the Plans and Specifications. The Consulting Park Planner shall prepare working drawings, specifications and other documents completely and concisely describing the materials and workmanship required and procedures to be followed for the construction of the project. These Plans and Specifications shall conform to the requirements of the City. The Consulting Park Planner shall prepare a detailed cost estimate, "Park Planner's Estimate," for the project. -5- Th�onsulting Park Planner sh� present the Plans an pecifications along wit he Park Planner's Estimate and if applicable, the Proposed Unit Assessment Sheet to the City for review. The Consulting Park Planner shall also forward the Advertisement for Bids to the designated publications, official newspaper and the City. The Consulting Park Planner shall assist the City in the preparation of all permit applications and shall submit the applications to the appropriate agencies and shall forward copies to the City. The Consulting Park Planner shall supply up to thirty (30) sets of full size final Plans and Specifications for use in obtaining proposals and submitting for general review. The Consulting Park Planner shall provide the list of plan holders to the City. The Consulting Park Planner may receive deposits on bidding documents. The Consulting Park Planner shall furnish copies of all design calculation sheets to the City upon request. 2B3. Chan in Scope - In a situation where the City Council reduces the scope of a project which results in revisions to Feasibility Reports or Plans and Specifications which have already received City Council approval, the Consulting Park Planner shall make the required revisions and shall be entitled to compensation for these revisions as Basic Park Planning Services. 2B4. During the Bidding Process - The Consulting Park Planner shaT be responsible for clarifications requested by bidders and shall prepare all addenda. The Consulting Park Planner shall tabulate and record the bids received. The Consulting Park Planner shall attend the bid opening and shall analyze all proposals. The Consulting Park Planner shall submit to the City a letter reviewing the bids with recommendations on the award or rejection. The Consulting Park Planner shall attend the City Council meeting to discuss bids. 2B5. Bid Award Process - The Consulting Park Planner shall notify all Fidders of the City Council action on bids and shall prepare and issue the Notice of Award and Agreement to the successful bidder. The Consulting Park Planner, upon receipt of the signed Notice of Award and Agreement, required insurance certificates and performance bond documents, shall forward them to the City. 2B6. Dur&g Construction - The Conting Park Planner sh1W make at regular interVW visits to the project to provide a general review of the construction progress and compliance with the Plans and Specifications. The Consulting Park Planner shall issue instructions to the Contractor necessary to interpret the Plans and Specifications. The Consulting Park Planner shall review all shop drawings, fabrication drawings, samples, equipment or other data for compliance with the Plans and Specifications. The Consulting Park Planner shall process and forward to the City all partial and final payment requests for the work performed. These invoices shall be based upon the requirements established in the Plans and Specifications. A11 such payments shall be certified by the contractor with verification by the Consulting Park Planner. When the Consulting Park Planner has determined that the Contractor has substantially completed the project, the Consulting Park Planner shall prepare a punch list of all items remaining to be completed, repaired, or restored, and the list shall be submitted to the Contractor. The Consulting Park Planner shall prepare all Change Orders that may be required during the construction of the project. All Change Orders shall be submitted to the City for approval prior to being issued to the contractor. 2A7. Post Construction - At or near the completion of the project, the Consulting Park Planner shall arrange for the City maintenance personnel to receive instruction from the Contractor and manufacturers' representatives on operation and maintenance of all equipment furnished or installed. The Consulting Park Planner shall furnish two (2) copies of all shop drawings, manuals, operation diagrams, etc., to the City. The Consulting Park Planner shall record on the original drawings, all changes or modifications which were necessitated during the construction of the project. These "As Constructed" drawings shall record all known changes based on contractor and Park Planner's record of construction. If applicable, the Consulting Park Planner shall prepare updated Proposed Unit Assessment Sheets and shall attend the assessment public hearing to present the information if required by the City. -7- 2C. Reimburfble Costs - The Consultingk Planner may from time t im' iincur costs in c ection with this Agreement which are determined to be Reimbursable Costs. 2C1. Additional Copies of Documents - The cost of reproduction of documents, drawings, specifications and reports in addition to those specified herein that are required by the City shall be considered Reimbursable Costs. 2C2. Special Consultants - The cost of the work of special consu tants when required and authorized by the City in writing shall be considered Reimbursable Costs. 2C3. Mileage - Mileage associated with the administration and completion of park projects shall be compensated in conformance with Schedule A. 2C4. Overtime - All overtime for field work i.e., inspection and staking shall be paid at the standard hourly rate. 3. Provisions by the City 3A. Access to Work - The City shall make all provisions necessary for the Consulting Park Planner to have access to and enter upon all public and private lands required to perform the work. 3B. Consideration of the Park Planner's Work - The City shall give prompt and thorough consideration of all reports, sketches, estimates, drawings, specifications, proposals and other documents submitted to the City by the Consulting Park Planner, and shall inform the Consulting Park Planner of all decisions within a reasonable time so as not to delay the work. 3C. Legal R equirem ents - The City shall be responsible for issuing all legal notices, holding all required special meetings, receiving and acting upon protests, and fulfilling all requirements necessary in legal development of the projects as well as paying all costs incidental thereto with the exception that the Consulting Park Planner shall, on behalf of the City, be responsible for the preparation and publication of the Advertisement of Bids. 3D. Proposals - The Consulting Park Planner shall advertise or bids and the City Clerk- Treasurer shall open such bid proposals at the appointed time and place. The City will pay the advertising costs. 3E. Protection of Markers - The City shall protect all survey stakes and markers placed by the Consulting Park Planner under this Agreement until the Contractor assumes the responsibility. Replacement of stakes shall be paid by the City as Basic Park Planning Services. 3F. Design JlLandards - The City may ovide design and constru on standards required fore Consulting Park Planner to prepare Plans and Specifications. 3G. The City shall furnish copies -of all county half - sections, maps, aerial photocopies, contour maps, property ownership and legal descriptions and any other documents available to the City to assist the Consulting Park Planner in design. 4. Payments to the Engineer - The City shall pay for the engineering services provided as follows: 4A. Pay ments for Basic Park Plannin g Services - The Consulting Park Planner shall e paid for all Basic Park Planning Services on an hourly basis in accordance with the attached Schedule A unless amended by the City. 4A1. Payments - The Consulting Park Planner shall submit invoices on a monthly basis and the City shall pay these invoices based upon the hourly rates designated in Attached Schedule A. 4B. Pay ments for General Park Plannin v Services - The onsu I t1ng Park Pl anner shal I Sepaid for all general park planning services outlined in Article 2B of this Agreement at specific percentage of the Construction Cost in accordance with Schedule B. 4B1. Construction Cost - The Construction Cost shall mean the total cost of' all work designed or specified by the Consulting Park Planner for the project, but shall not include payments to the Consulting Park Planner or other consultants. The construction cost to be used for the basis of payment shall be the lowest acceptable bona fide contractor's bid. The construction cost does not include overhead such as the Park Planner's fee; the cost of land or right - of -ways needed for the project; compensation for and/or damages to property; City's legal, fiscal, engineering, account, insurance counseling services; or interest charges incurred in connection with the project. The total of all work shall include all change orders and shall be based on the final contract amount. If any work is abandoned or suspended, in whole or in part, the Consulting Park Planner shall be paid for any services performed prior to suspension together with any terminal expenses resulting therefrom. 4B2. Payments Withheld from Contractors - No deduction shall be made from the Consulting Park Planner's compensation for penalties or liquidated damages. 4B3. Prooress Payments - The City shall pay the onsu 1 ting Park P Tanner a fee for General Park Planning Services described in Article 2B of this mom AdOment, said fee shall be !'percentage of the Construction Cost of the project. At the completion of each phase of the contract, progress reports and payment requests based on the total shall be made in accordance with Schedule B. 4B3a. Feasibilit Stud - Upon submittal of the Final Feasibility Report, if no objections by the City, the Consulting Park Planner shall submit an invoice in the amount of twenty percent of the total fee, based upon the construction cost estimate shown in the Feasibility Report. 4B3b. Contract Documents - Upon submittal of the Finn I P 1 ans and Specifications, if not objections by the City, the Consulting Park Planner shall submit an invoice in the amount of eighty percent (80 %) of the total fee, based upon the Park Planner's Estimate, less any previous payments. 4B3c. Receipt of Proposals or Bids - Upon receipt of a bid, the Consu Park Planner shall submit an invoice to the City in the amount of eighty -five percent (85 %) of the total fee based on the proposal from the Contractor, less any previous payments. 4B3d. During Construction - Upon substantial completion of the project, the Consulting Park Planner shall submit an invoice to the City in the amount of ninety percent (90 %) of the total fee based upon the total Construction Cost of the project, less any previous payments. 4B3e. Completion - Upon submittal of the "As Constructed" drawings the Consulting Park Planner shall submit an invoice in the amount of one hundred percent (100 %) of the total fee based upon the total Construction cost of the project, less any previous payments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. VAN DO� HAZARD- STALLINGS, INC. Name Title ate CITY OF SHOREWOOD Name Tit 1 e Date -10- �► i SCHEDULE A Schedule A establishes the chargeable rates for all Basic Park Planning Services as outlined in the Agreement. SALARIES (INCLUDING OVERHEAD AND PROFIT Engineers, Architects, Planners (Principal) $ 65.00 Engineers, Architects, Planners (Senior) 56.50 Engineers, Architects, Planners ft.) 53.00 Engineers, Architects, Planners (Assistant) 36.00 Senior Engineering Technicians 44.50 Senior Draftspersons and Design Detailers 33.00 Draftspersons and Technicians 25.00 Junior Draftspersons and Technicians 22.00 Clerical, Administrative, etc. 28.75 Three -Man Survey Crew 80.00 Two -Man Survey Crew 65.00 DIRECT COSTS Mileage $ .25 Electrostatic Copies (ea.) .10 Blueline Prints (sq. ft.) .14 Polyester Film (sq. ft.) 4.50 Offset Prints .04 Telephone Actual Cost Travel Actual Cost 0 SCHEDULE B This Schedule B establishes the percentage fee to be paid for the General Park Planning Services as outlined in the Agreement. Construction Costs for projects which fall between the amounts listed in Column 1 shall be calculated on a straight line interpolation percentage. Column 1 Column 2 Column 1 Column 2 Column 1 Column 2 Construction Fee Construction Fee Construction Fee Cost Percent Cost Percent Cost Percent 0 -- 50,000 10.050 250,000 7.750 500,000 6.710 55,000 9.945 255,000 7.720 510,000 6.685 60,000 9.840 260,000 7.690 520,000 6.660 65,000 9.735 265,000 7.660 530,000 6.635 70,000 9.630 270,000 7.630 540,000 6.610 75,000 9.535 275,000 7.600 550,000 6.585 80,000 9.430 280,000 7.570 560,000 6.560 85,000 9.315 285,000 7.540 570,000 6.535 90,000 9.210 290,000 7.510 580,000 6.510 95,000 9.110 295,000 7.480 590,000 6.485 100,000 9.010 300,000 7.450 600,000 6.460 105,000 8.962 305,000 7.428 610,000 6.434 110,000 8.914 310,000 7.406 620,000 6.408 115,000 8.866 315,000 7.384 630,000 6.382 120,000 8.818 320,000 7.362 640,000 6.356 125,000 8.770 325,000 7.340 650,000 6.330 130,000 8.722 330,000 7.318 660,000 6.304 135,000 8.674 335,000 7.296 670,000 6.278 140,000 8.626 340,000 7.274 680,000 6.252 145,000 8.578 345,000 7.252 690,000 6.226 150,000 8.530 350,000 7.230 700,000 6.200 155,000 8.482 355,000 7.208 710,000 6.180 160,000 8.434 360,000 7.186 720,000 6.160 165,000 8.386 365,000 7.164 730,000 6.140 170,000 8.338 370,000 7.142 740,000 6.120 175,000 8.290 375,000 7.120 750,000 6.100 180,000 8.242 380,000 7.098 760,000 6.080 185,000 8.194 385,000 7.075 770,000 6.060 190,000 8.146 390,000 7.054 780,000 6.040 195,000 8.098 395,000 7.032 790,000 6.020 200,000 8.050 400,000 7.010 800,000 6.000 205,000 8.020 410,000 6.980 900,000 5.980 210,000 7.990 420,000 6.950 1,000,000 5.970 215,000 7.960 430,000 6.920 220,000 7.930 440,000 6.890 225,000 7.900 450,000 6.860 230,000 7.870 460,000 6.830 235,000 7.840 470,000 6.800 240,000 7.810 480,000 6.770 245,000 7.780 490,000 6.740 For any Construction Cost over $1,000,000 the fee shall be negotiated with the City on a fixed lump sum basis to be determined after the Feasibility Study is completed. 0 V D oren Stallings ,vcnn,n -E,girO«s- Mr. Laurence E. Whittaker City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mr. Whittaker: C February 20, 1990 In accordance with our contract with the City of Shorewood to provide park planning services, the following is a proposal for the planning and design of Silverwood Park. Based upon conversations with the Park Commission, the scope of services for Silverwood Park will include the following: 1. Preliminary Wetland Analysis - Uti l iz ing personnel from the US Fish and Wildlife Service, field locate the boundaries of the existing wetland. Submit text and graphic exhibits to the Corps of Engineers for an opinion on the need for a Section 404 permit. 2. Boundary Survey - Prepare a boundary survey of the site and locate the perimeter of the wetland area. 3. Preliminary Plan - Prepare a preliminary plan for the development of Silverwood Park including a base map and concept development plans. 4. Final Plan - Prepare a final master plan based on the approved concept development plan. A detailed cost estimate will be prepared along with a landscaping plan and required plans and specifications for identified improvements. The final plan phase will include as needed field assistance and part time inspection services during construction. This phase does not include plans and specifications for the warming house and tennis courts. 5. Meetings - Van Doren - Hazard - Stallings will attend all required meetings relative to this project without compensation from the City of Shorewood. 3030 Harbor Lane North Bldg.11, Suite 104 Minneapolis, MN. 55447 -2175 612/553 -1950 Mr. Laurence E. Whittaker February 20, 1990 Page Two Based upon the above scope of services, Van Doren - Hazard - Stallings will provide professional services for Silverwood Park for a fee not to exceed $4800.00. If the above scope of services is acceptable to the City of Shorewood, please send me a written notice to proceed with a copy of this letter attached for reference. We look forward to working with you on the development of Silverwood Park. Sincerely , VAN DOREN- HAZARD- STALLINGS, INC. by . yj� R. Mark Koegler, L.A. Vice President RMK:dbm Enc. • • MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 JANUARY 1990 RE: ROUST, RAYMOND - SIMPLE SUBDIVISION FILE NO.: 405 (90.01) BACKGROUND Mr. Raymond Roust requests permission to divide his property located at 5925 Mill Street (see Site Location map - Exhibit A, attached) into two lots. The property is zoned R -1C, Single - family Residential, contains approximately 47,035 square feet and is occupied by Mr. P.oust's residence and an old two -story outbuilding. As shown on Exhibit B, the applicant proposes to divide the site into two lots. The parcel with the applicant's house on it will contain 26,953 square feet of area, and the new lot will contain 20,082 square feet. ANALYSIS /RECOMMENDATION The subject property drops away from Mill Street to a low wet area along the northeast side of the site. While the low spot is not designated as a wetland on Shorewood's wetland map, it does serve as a significant drainageway for the area. The approximate route of the drainageway is shown on Exhibit A. This issue is raised because the site will undoubtedly require fill to be buildable. It is important that the fill necessary for the home not alter existing drainage patterns in the area. In this regard it is recommended that the City require the applicant to provide a larger than normal drainage easement across the rear of the two lots. The location of the easement is shown shaded on Exhibit B. Also, approval of any building on the site should be subject to review and approval of a formal grading plan by the City Engineer. The grading plan should include appropriate erosion control measures. A Residential Community on Lake Minnetonka's South Shore M Re: Roust, Raymond - Simple Subdivision 29 January 1990 Despite the size of the recommended easemei buildable. As can be seen on Exhibit, the come from the larger of the two lots. The because most of the easement is located in should be noted that both of the lots meet requirements for the R -1C district. it both lots are considered quite larger portion of the easement will smaller lot is hardly affected the required rear yard setback. It the minimum lot area and width Based on the preceding it is recommended that the applicant's request be granted subject to the following: 1. The applicant must submit legal descriptions and deeds for the easement illustrated on Exhibit B. 2. The applicant must pay $500 in park dedication fees (credit is given for the lot with the existing house on it). 3. The applicant must submit an up -to -date (within 30 days) title opinion for review by the City Attorney. 4. The applicant must advise the City Clerk how he wants sewer equalization charges spread against the lots. 5. The above - referenced items must be completed within 30 days of the council's approval of the request. 6. Once the applicant has received a certified resolution approving the division, he must record it within 30 days. Failure to comply with this deadline or the deadline referenced in 5. above, will void the approval. 7. The resolution should stipulate that any future construction on the new lot will be subject to the City Engineer's approval of a detailed grading and erosion control plan. BJN:gs cc: Larry Whittaker Jim Norton Glenn Froberg Raymound Roust Jim Anderst - 2 - GOVT LOT I S89;36 I? E P* 56) (22) . . I - 3 14 % % ( 11) (LOT 105, AUD SUED NO 120, a, 5 PT OF % ------------------ 83 ------------------ REWOWO FROM TAX RECORD) (57) o LOT 81 2 (13) 15 23; I 1 (38) 41 (26) 104 58) 24) (37) ----------- - - - - -- A (25 (39) A: 76 Q CITY OF �YSIOR I ! 221 7 OL 3 2 1� MY OF S�OREWOOO : C :06) (9) In (37) 205 106 10 107 99.68 / i 17) (7) ------------ I 46. 97 (4) (16 4 !�2 ..... 130 .... 0� 0; 1 4 1 -------------------------------- 12 9 <,'(42) L - — -------- EM 15);g (5) K 6) ' 33 5 — 4 477. 1 36 . 407 SMU (46) 1- 114 110 7 479 307 141. 5 144.5 T11MCE 'a % �� J _ e� (10) A ( ► (17) , .(26) ` 32 Ito 14) LOT (2) 175 33 10 ,_ ''� � _' c� (12) (27) 112 .......... G 175 (31) N 28) . . .. ....... .. ... i7a.35 S88 V E (49) F Ila y (22)" (30) A 4� (32) Mo 4c 50) PART,f)F 119 (44) (33) (48) (29) ('34 A 4 (47) (45) ",a. 10. FOR AF / IN] - — -- — -- (35) PART OF 127 LOT 0 17) �_ ` � C �_ � � i t ••� h (6) (25) ill Exhibit A 3 (21) 4.0 0 (34) 40 320842 PART OF i LOT 125 LOT 119 (7) SITE LOCATION Roust Simple Subdivision (21) 3% Q E� 512' -J 'i �Q � Lc �L n y O � V �. O� G ._1 � ,••1 a�� C 7 � O H E o yi. Z'C s" o • O �.. yy • G G ^ Y .+ O W y u 9 .- G w G O �� ►''n J 0 0 _ o v 0 0 77 N N O a C N C• C 0 Y a o !� N Ln \ o 0 m / J 14 a' O m � W 'O . ' � � V 7 . 9 G S C .r = z� o No J� a; C O i O Y , H Ca •5 Y = 7 C 1 K 7 E U c O. C Y C C = � o � S Exhi bit B PROPOSED DIVISION Recommended easement shown shaded - - ` _ • 0 6 6 ' / J , `� ` \ ` iii / / V .-1 • O � !. P C i0 7 S 4 � . CO• • ' • •r �\\ C IM YOYpG S A Y � ` / O / z p E • ` o� 4 E c. - 7�r —\ / / � /�� „ ofo q7y Ctt YG �L G a�i • Y �J 3 C � �- O / / a`� y y gGs LCr � 0 0 _ o v 0 0 77 N N O a C N C• C 0 Y a o !� N Ln \ o 0 m / J 14 a' O m � W 'O . ' � � V 7 . 9 G S C .r = z� o No J� a; C O i O Y , H Ca •5 Y = 7 C 1 K 7 E U c O. C Y C C = � o � S Exhi bit B PROPOSED DIVISION Recommended easement shown shaded v MEMORANDUM • MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 22 FEBRUARY 1990 RE: KORDONOWY ADDITION - FINAL PLAT FILE NO.: 405 (89.20) Mr. Thomas Kordonowy requests approval of a final plat for his Kordonowy Addition. You may recall that he received preliminary plat approval for four single - family residential lots in July of last year. Based upon soil testing recommended by staff at that time, one lot was found to have serious soil problems. As a result, Mr. Kordonowy has reduced the number of lots to three (see Exhibit A). It is recommended that the final plat be approved subject to the following: 1. Up -to -date (within 30 days) title opinions must be submitted for both parcels within 30 days of the Council's approval of the plat. 2. The applicant must advise the City Clerk as to how sewer equalization charges should be spread against the lots. 3. Park dedication fees in the amount of $1000 must be paid prior to release of the plat. 4. Once the applicant has received the approved plat and the Council's resolution, he must record them within 30 days or the approval will be void. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton Tom Kordonowy A Residential Community on Lake Minnetonka's South Shore 7 iz 0. 22 ---------------- ------------ 6% 1 cli ----- ---- -- -- - --------- % % vv Gx - - - - - - - - - - - - ro CD O ----------- ------------ Cl i • 0 RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF KO RDONOWY ADDITION WHEREAS, the final plat of Kordonowy Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood: 1. That the plat of Kordonowy Addition is hereby approved. 2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 3. That this final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that such execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood- this 26th day of February, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/ Clerk Roll Call Votes: Ayes: Nays: • RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ACC /14cCAW CELLULAR OF MINNESOTA WHEREAS, ACC /McCAW Cellular of Minnesota (Applicant) is a communications common carrier licensed by the Federal Communications Commission to provide a mobile telephone service to the Minneapolis /St. Paul metropolitan area; and WHEREAS, Applicant has determined that, in order to provide uninterrupted mobile telephone service to the western segment of their territory, they require an antenna site in an area along Highway 7 in the City of Shorewood; and WHEREAS, Applicant has therefore applied for a Conditional Use Permit for the construction of a telephone equipment shelter on the site of the Shorewood southeast water tower and proposed to install six (6 ) communications antennae on the water tower itself; and WHEREAS, Applicant proposes to lease from the City of Shorewood the necessary premises for the installation of a 12 foot by 28 foot single -story radio telephone equipment shelter and the required space on the water tower itself pursuant to a long -term lease; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in memorandums to the Planning Commission dated 29 September 1989 and 15 November 1989, which memorandums are on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at its regular meeting on 3 October 1989, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at its regular meetings held on 9 October 1989 and 20 November 1989, at which time the Planner's memorandums were reviewed, the minutes of the Planning Commission were reviewed, comments were heard from City Council members and staff, and preliminary approval given for the Conditional Use Permit, subject to review and completion of a satisfactory lease agreement, Construction Agreement, and approval from the tower manufacturer, Chicago Bridge and Iron. • 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject water tower site is located on T.H. 7 and is presently zoned R -1A, single family residential. The site is occupied by the Shorewood water tower and a small bituminous parking area. 2. That the land use and zoning surrounding the site are as follows: north and west - State Highway 7 r. o. w. , then single and two - family homes; zoned R -2A east - Undeveloped, proposed commercial and two - family residential; zoned P.U.D. south - Cemetery and single - family homes;. zoned R -1A and P. U. D . , respectively. 3. That Section 1201.23, Subd. 4a, of the Shorewood City Code provides for governmental and public regulated utility buildings and structures to be constructed within the R -1A zoning district by Conditional Use Permit, subject to certain requirements of screening and landscaping when abutting a residential use in a residential district. 4. That Applicant's activity serves a valuable purpose in the community, and there is a need for the activity and services provided by the Applicant in order that the community be properly served. 5. That the proposed use of the land is in accordance with the official City Comprehensive Plan and will not adversely affect the general welfare, public health and safety of the community. 6. That approval of the proposed Conditional Use Permit should be in the form of a Construction Agreement setting forth the rights and obligations of the parties to the Agreement. CONCLUSIONS That Applicant's application for a Conditional Use Permit for the construction of a telephone equipment building and antenna array is hereby granted, subject to the provisions of City Code, Section 1201.04, Subd. 1. d. (1) , and the following additional conditions: 1. That the grant and term of the Conditional Use Permit shall comply and be subject to all of the terms and conditions set forth in the Water Tower Antenna Site Construction Agreement attached hereto and made hereof as Exhibit 1. 9 0 2. That the attachments to said Construction Agreement consisting of Exhibit A, Lease Agreement; Exhibit B, Building Plan; Exhibit C, Landscape Plan; and Exhibit D, Antenna Plan shall be considered as a part of and a condition to the approvals and grants herein. 3. That the Mayor and City Administrator /Clerk are hereby authorized to execute said lease agreement and Water Tower Antenna Site Construction Agreement on behalf of the City Council. 4. That this resolution, together with the Exhibits attached hereto, be filed and recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of certification hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator /Clerk Roll Call Vote Ayes - Nays - CONSTRUCTION AGREEMENT WATER TOWER ANTENNA SITE THIS AGREEMENT made this day of , 1990, by and between the City of Shorewood, a Minnesota Municipal Corporation, hereinafter referred to as "City ", and ACC /McCaw Cellular of Minnesota, a joint venture of Affiliated Cellular of Minnesota, Inc., and McCaw Communications of Minnesota, Inc., both Minnesota Corporations, hereinafter referred to as "the Contractor ". WHEREAS, the Contractor is licensed by the Federal Communications Commission to provide a mobile telephone service to the Minneapolis -St. Paul metropolitan area; and WHEREAS, such service is provided by means of a non - wireline cellular radio system which requires the use of multiple antenna sites located throughout the area; and WHEREAS, the Contractor desires to lease a certain space on the City's southeast area elevated water tower, together with certain property associated therewith as a location for its antenna site pursuant to the terms of a certain lease agreement, which lease agreement is attached hereto and made a part hereof as Exhibit A; and WHEREAS, on November, 20, 1989, the City Council of the City of Shorewood granted preliminary approval to the Contractor for a Conditional Use Permit for the construction of an equipment shelter to be located on the water tower site, subject to certain terms and conditions, which terms and conditions are contained herein. NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the City and the Contractor agree as follows: 1. BUILDING PLAN The company agrees at its expense to construct, install and perform all work and to furnish all materials and equipment necessary to construct an equipment shelter on the leased portion of the site, as set forth in the Building Plan attached hereto and made a part hereof as Exhibit B. 2. LANDSCAPE PLAN The Contractor shall perform all work and furnish all material and equipment necessary for the landscaping of the leased portion of the site in accordance with the landscape plan attached hereto and made a part hereof as Exhibit C. EXHIBIT 1 4. STANDARDS OF CONSTRUCTION The Contractor agrees that all of the improvements set forth in Paragraphs 1, 2, and 3 above shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 5. SCHEDULE OF WORK It is understood and agreed by the parties that construction will be completed by the Contractor within a period of one (1) year from the date hereof. 6. PERFORMANCE GUARANTY For the purpose of assuring and guaranteeing to the City that the landscape improvements to be constructed, installed and furnished by the Contractor, as set forth in Paragraph 2 herein, shall be furnished according to the terms of this Agreement, and to insure that the Contractor shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, and that the Contractor shall fully comply with all of the other terms and provisions of this Agreement, the Contractor agrees to escrow with the title company a cash deposit or provide the City with an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements as set forth in the contracts between the Contractor and his subcontractors. Said escrow deposit or letter of credit shall remain in effect for a period of two growing seasons following the completion of the required improvements. The said escrow 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 improvements. 7. RESTORATION OF FACILITIES The Contractor shall restore all facilities disturbed or damaged as a result of Contractor's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 8. REIMBURSEMENT OF COSTS The Contractor 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 Contractor. It is understood that the total of such costs shall not exceed the sum of $ 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 below. -2- VILITY 3. ANTENNA The Contractor agrees, at its expense, to install the antenna facility on the leased portion of the water tower in accordance with the Antenna Plan, attached hereto and made a part hereof as Exhibit D. Such installation shall be pursuant to the plans and specifications provided and approved by the tower manufacturer, Chicago Bridge and Iron. 4. STANDARDS OF CONSTRUCTION The Contractor agrees that all of the improvements set forth in Paragraphs 1, 2, and 3 above shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 5. SCHEDULE OF WORK It is understood and agreed by the parties that construction will be completed by the Contractor within a period of one (1) year from the date hereof. 6. PERFORMANCE GUARANTY For the purpose of assuring and guaranteeing to the City that the landscape improvements to be constructed, installed and furnished by the Contractor, as set forth in Paragraph 2 herein, shall be furnished according to the terms of this Agreement, and to insure that the Contractor shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, and that the Contractor shall fully comply with all of the other terms and provisions of this Agreement, the Contractor agrees to escrow with the title company a cash deposit or provide the City with an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements as set forth in the contracts between the Contractor and his subcontractors. Said escrow deposit or letter of credit shall remain in effect for a period of two growing seasons following the completion of the required improvements. The said escrow 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 improvements. 7. RESTORATION OF FACILITIES The Contractor shall restore all facilities disturbed or damaged as a result of Contractor's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 8. REIMBURSEMENT OF COSTS The Contractor 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 Contractor. It is understood that the total of such costs shall not exceed the sum of $ 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 below. -2- 9. LIABILIT )&SURANCE The Contractor a 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 Contractor's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co- insured on said policy and the Contractor shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the improvements described in Paragraphs 1, 2, and 3 above, the Contractor shall file with the City a certificate of such insurance as will protect the Contractor and his subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 10. 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 Contractor, the Contractor's 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 Contractor 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. 11. LAWS, ORDINANCES, REGULATIONS AND PERMITS The Contractor 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 Federal government before commencing construction. 12. NOTICES All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Contractor by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Contractor: ACC /McCaw Cellular of Minnesota 2515 - 24th Avenue South Minneapolis, MN 55406 -3- 13. DURATIB OF AGREEMENT This Agreont shall remain in effect until such time as the Contractor shall have fully performed all of his duties and obligations under this Agreement. 14. H E A D I N G S . 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. 15. 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. 16. 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. 17. CONSTRUCTION This Agreement shall be construed in accordance with the laws of the State of Minnesota. 18. 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 Mayor ATTEST City Administrator/ Clerk ACC /McCAW CELLULAR By: Its -4- 9 0 EXHIBIT " A " Attached to and by this reference made a part of the Construction Agreement by and between the City of Shorewood and ACC /McCaw Cellular of Minnesota dated, _ 1990. Water Tower Lease Agreement This Water Tower Lease Agreement ( "this Lease ") is entered into this day of 1990, by and between the City of Shorewood, Minnesota, a Minnesota municipal corporation ( "Landlord ") and ACC/McCaw Cellular of Minnesota ( "Tenant "), a joint venture of Affiliated Cellular of Minnesota, Inc., and McCaw Communications of Minnesota, Inc., both Minnesota corporations. In consideration of the terms and conditions of this agreement, the patties agree as follows: 1) Leased Premises. Subject to the terms and conditions of this Lease, Landlord leases to the Tenant and Tenant leases from Landlord a certain portion of the real property which is legally described in Exhibit E attached hereto ( the "Property"), subject to any and all existing easements. Landlord also leases to Tenant and Tenant leases from Landlord certain space on Landlord's water tower ( the "Tower ") located on the Property, as more particularly described in Exhibit F attached hereto. The actual location of the leased premises on the Tower and on the Property shall be as depicted in Exhibit D attached hereto. 2) Term: Renewals. The term of this Lease shall be five (5) years, commencing on the date Landlord receives written notification from Tenant which confirms Tenant's receipt of all required government approvals, including any necessary building permits (the "Commencement Date "), and terminating at midnight on the fifth annual anniversary of the Commencement Date. Tenant shall have the right to extend this Lease for four (4) additional five -year terms subject to all of the terms and conditions of this lease. This Lease shall automatically be renewed for each successive renewal term unless one of the following events occurs: 1) Tenant notifies landlord of Tenant's intention not to renew the Lease at least thirty (30) days prior to the expiration of the initial term or any renewal term; or 2) Landlord notifies Tenant of Landlord's intention not to renew the lease at least thirty (30) days prior to the expiration of the initial term or any renewal term. If either Landlord or Tenant gives such notice to the other parry, this Lease shall terminate upon expiration of the term during which said notice was given. 3) Rent, 01) Upon the Commencement Date, the Tenant shall pay Landlord, as rent, the sum of Six Hundred Dollars ($600) per month (Rent). Rent shall be payable on the fast day of each month in advance to the City of Shorewood at Landlord's address specified in paragraph 12 below. (02) On the fifth anniversary of the Commencement Date of the term and annually thereafter, the Rent payable by Tenant shall be increased or decreased to an amount determined by multiplying the rent specified in 3(01) by a fraction, the denominator of which shall be the most recent Consumer Price Index (CPI) figure , as hereinafter defined, published prior to the � Z —ri j"' 0 & Commence Date of the term, and the numerator of which shall be the most recent CPI figure published prior to the date of the adjustment; provided. As used herein, the term "Consumer Price Index" shall mean the United States Department of Labor's Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers, All Items, San Fransisco-Oakland, California (1982 -84 = 100), or the successor of that index. (03) If this Lease is terminated at a time other than on the last day of the month, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of rent, all prepaid Rents shall be refunded to the Tenant. 4) JLg,, Tenant may use the leased premises for the installation, operation, and maintenance of facilities for the transmission and reception of radio communication signals in such frequencies as may be assigned to Tenant by the Federal Communications Commission (the "FCC ") and for the storage of related equipment in accordance with the terms of this Lease. Tenant shall use the leased premises in compliance with all federal, state, and local laws and regulations. Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, any federal licences and permits required for Tenant's use of the leased premises. 5) Installation of Equipment and Leasehold Improvements• Access: Utilities. (01) Tenant shall have the right, at its sole cost and expense, to install, operate, and maintain on the leased portions of the Tower described in Exhibit F attached hereto, all of the equipment, personal property, and facilities described in Exhibit D attached hereto, which facilities include radio transmitting and receiving antennas (the "Antenna Facilities "). Tenant's installation of all such equipment, personal property, and facilities shall be done according to plans approved by Landlord, and no equipment or property shall be subsequently moved without Landlord's approval. The Antenna Facilities shall remain the exclusive property of tenant, subject to the provisions of Paragraph 7 of this Lease. Tenant may update or replace the Antenna Facilities from time to time with the prior written approval of Landlord, provided that the replacement facilities are not greater in number than the existing facilities and that their location on the leased portions of the Tower is satisfactory to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities, and any supplemental materials as may be reasonably requested, for Landlord's evaluation and approval, which approval shall not be unreasonably withheld_ (02) Tenant shall have the right, at its sole cost and expense, to install, operate, and maintain on the leased portions of the Property the improvements described in Exhibit B attached hereto, which improvements include a building to house Tenant's equipment (the "Equipment Building "). All such improvements shall be constructed in accordance with Landlord's specifications as set out in the construction agreement dated the day of . 1990. The Equipment Building and all equipment stored or operated therein shall remain the exclusive property of Tenant, subject to the provisions of Paragraph 7 of this Lease. No equipment shall be stored on the Property outside of the Equipment Building. (03) Tenant, at all times during this Lease, shall have vehicle ingress and egress over the Property and access to the Equipment Building and the Tower by means of the existing roadway and parking lot as described on Exhibit E attached hereto. (04) Tenant, at all times during this Lease, shall have access to the Property and the Equipment Building in order to install, operate, and maintain its transmission facilities. Tenant shall have access to the Tower only with the approval of Landlord and in the presence of an employee of Landlord who can admit Tenant through Landlord's security system on the Tower. 9 0 Tenant shall request access to the Tower twenty-four (24) hours in advance, except in an emergency, and Landlord's approval thereof shall not be unreasonably withheld. (05) Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the leased premises and shall pay all costs associated therewith. (06) Tenant shall provide Landlord with as -built drawings of the equipment installed on the Tower and the improvements installed on the property, which show the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Tower. (07) Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 6) Interference. Tenant's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's water tower operations or related repair and maintenance activities. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the leased premise and to temporarily interfere with Tenant's transmission operations or remove any of Tenant's personal property, equipment, or Antenna Facilities as may be necessary in order to carry out any of such activities. Landlord agrees to give reasonable advanced notice of any such activities to the Tenant and to reasonably cooperate with Tenant to carry out such activities with a minimum amount of interference with Tenant's transmission operations. Landlord in no way guarantees to Tenant noninterference with Tenant's transmission operations, provided, however, that in the event any other party requests permission to place any type of additional antenna or transmission facility on the Tower or the Property, the procedures of this Paragraph 6 shall govern to determine wether such antenna or transmission facility will interfere with Tenant's transmission operations. If Landlord receives any such request, Landlord shall submit the proposal to Tenant for review for noninterference. Tenant shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by Tenant to the installation of antennas or transmission facilities pursuant to said proposal. Any dispute between Landlord and Tenant regarding the proposed additional installations) and its potential for interference with Tenant's transmission operations shall be resolved by submitting the issue for decision to an independent third parry mutually agreed upon by Landlord and Tenant, whose decision regarding interference shall be binding on both parties hereto, and whose expenses shall be borne equally by both parties. In the event Tenant's transmission operations interfere with any type of electronic reception or transmission of other parties in the surrounding area Tenant agrees to remedy such interference in accordance with the applicable regulations and standards of the FCC. Tenant warrants that it shall maintain all of its Antenna Facilities in full compliance with all applicable regulations of the FCC. 7) Termination. Except as otherwise provided herein, this Lease may be terminated by one parry upon sixty (60) days' written notice to the other party as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other parry (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (b) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the transmission facilities or Tenant's business; (c) by Tenant if the property is or becomes unacceptable under the Tenant's design or engineering specifications for its Antenna Facilities or the communication systems to which the Antenna Facilities belong; (d) by Landlord if the Shorewood City Council decides, in its sole discretion and for any reason, to redevelop the property and/or discontinue use of or remove the Tower, or (e) by Landlord if it determines, in its sole discretion and for any reasons, that the Tower is structurally unsound for use as a water tower, including but not limited to considerations of age of the structure, damage or destruction of all or part of the Tower or the Property from any source, or factors relating to condition of the property. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Tower and the Property within sixty (60) days after the date of termination, and shall restore the Tower and the Property to the condition it was in on the Commencement Date of the term of this Lease, all at Tenant's sole cost and expense. Any such property which is not removed by the end of said sixty (60) day period shall become property of Landlord. 8) Insurance. (01) Tenant shall provide Comprehensive General Liability Insurance Coverage, including premises /operations coverage, independent contractors liability, completed operations coverage, and contractual liability coverage, in a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence, subject to One Million Dollars ($1,000,000) aggregate. Tenant may satisfy this requirement by underlying insurance plus an umbrella liability policy. (02) Neither parry shall be liable to the other (or to the others successors or assigns) for any loss or damaged caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. (03) Tenant shall provide Landlord, prior to the Commencement Date of the Lease term, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverages required in Paragraph 8 (01) above and contains evidence of the waiver of subrogation contained in Paragraph 8 (02) above. Tenant will name Landlord as an additional insured on the certificate(s). Said certificate shall also provide that the coverage may not be cancelled, nonrenewed, or materially changed without thirty (30) days' prior written notice to Landlord. 9) Damage or Destruction. If the Property or the Tower are destroyed or damaged so as, in Tenant's judgement to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of Rent paid subsequent to the date of damage or destruction in an amount that is proportional to the amount of damage or destruction incurred. 10) Condemnation. In the event the whole of the Property is taken by eminent domain, this Lease shall terminate as of the date title to the Property vests in the condemning authority. In event a portion of the Property is taken by eminent domain, either parry shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award, Tenant shall hereby expressly waiving any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Property, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business by reason of the taking and for or on account of any cost or loss to which Tenant might be put in removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 11) Indemnification. Tenant agrees to indemnify, defend, and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by the city or for which the city may be held liable, which arise from the negligence, willful misconduct, or other fault of Tenant or its employees, agents, or subcontractors in the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of Tenant's transmission facilities on the Property and the Tower, and specifically including the representations and warranties of Paragraph 13 (02) of this Lease. 12) Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Landlord, to: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attention: City Manager If to Tenant, to: Minnesota Cellular Telephone Company (d/b /a Cellular One) 2515 24th Avenue South Minneapolis, MN 55406 Attention: Director of Engineering With a copy to: McCaw Cellular Communications, Inc. 5808 Lake Washington Blvd NE Kirkland, Washington 98033 Attention: Legal Department 13) Representations and Warranties. 01) Landlord represents that (a) it has full right, power, and authority to execute this Lease; and (b) it has good and encumbered title to the Property free and clear of any liens or mortgages. Landlord warrants that Tenant shall have quiet enjoyment of the Property during the term of this Lease in accordance with its terms. (02) Tenant represents and warrants that its equipment, personal property, and Antenna Facilities, and any of their component parts or byproducts, do not constitute hazardous wastes or substances under state or federal laws. Tenant further represents and warrants that in the event of breakage, leakage, incineration, or other calamity, neither its equipment, personal property, or Antenna Facilities, nor any of their component parts or byproducts, would constitute such hazardous wastes or substances. 14) Assignment. Tenant may not assign or sublet this Lease without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Any approved sublease that is entered into by Tenant shall be subject to all of the provisions in this lease. 15) Successors and Assigns. This lease shall run with the Property described on exhibit A. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 0 0 16) Miscellaneous. (01) Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. (02) This Lease constitutes the entire agreement and understanding of the parries, and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. (03) This Lease shall be construed in accordance with the laws of the State of Minnesota (04) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. This Lease was executed as of the date first set above. Landlord: Tenant: City of Shorewood By: Jan Haugen Mayor By: Laurence Whittaker City Manager Minnesota Cellular Telephone LM David M. Thaler Regional General :Manager • Tenant: STATE OF MINNESOTA ) COUNTY OF ) • MINNESOTA CELLULAR TELEPHONE COMPANY (d/b /a Cellular One) Its: The foregoing instrument was executed before me this day of 19 _, b and the mayor and City Manager of the City of Shorewood, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Notary Pubic STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was executed before me this day of , 19 , by the of ACC/McCaw Cellular of Minnesota (d/b /a Cellular One), a joint venture on behalf of the corporation. 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Professional Surveyors 612 -755 -0100 Office: Mail: Suite 103, Box 754 2619 Coon Rapids Blvd, Anoka, MN, 55303 Coon Rapids, MN, 55433 LEGAL DESCRIPTION for: CELLULAR ONE SHOREWOOD SITE - LEASE TRACT All that part of Lot 34, Auditors Subdivision Number 141, Hennepin County, Minnesota described as follows: Commencing at.the Southeast corner of said Lot 34, said corner also being the South Quarter Corner of Section 25, Township 117, Range 23, Hennepin County, Minnesota; thence South 89 degrees 29 minutes 59 seconds West along the South line of the said Lot 34 for a distance of 49.83 feet; thence North 10 degrees 03 minutes 00 seconds West a distance of 23.19 feet to the point of beginning of the Lease Tract to be described; thence continuing North 10 degrees 03 minutes 00 seconds West a distance of 43.70 feet; thence North 55 degrees 52 minutes 03 seconds West a distance of 4.37 feet; thence South 88 degrees 28 minutes 33 seconds West a distance of 20.09 feet; thence South 10 degrees 03 minutes 00 seconds East for a distance of 49.72 feet; thence North 79 degrees 57 minutes 00 seconds East a distance of 23.00 feet to the point of beginning. Containing 1100 square feet, or 0.025 Acres. EXHIBIT "E-3 (page 1 of 2) GRAHAM & ASSOCIA TE'�;, XNC . pro fessl onel surveyors 2619 Coon Rapids D]vd., Su1te 103, Coon Rapjds, Nlnnesota, 55433 SCALE: 1 " -30 ' 6.12- 755 -0100 SHOREWOOD SITE - ACCESS nOAD Certl rlcate of Survey ror•: CELLIJLAn ONE Descrirtion: See Attached w N ►. O Op o O 6 1 .f I LEASE I TRACT I I ' I I ° N. 79 57 00 E. 23.46 1 � Co 2� w I N O. O - r O O 0- 0 O 1 1 q Rp ` S GS eRG < 'O , I - 3 S 9 � X35 3g F — _ T18 1 � 4 N. 10° 03'OO'W �� X21.02 32.19 - -49.83 -- -- 200.00 - -- a O W cr a 7 a J O W' Cr LL I N.89 29 591E. o a O S. 1/ 4 COR. I-- SW. COR. SEC. 25 T.IIT R. 23 SEC. 25,T. IIT R. 23 W a Q Hennepin Co. Cast Sron Monument 7- • Denotes /round Sron Pape p O Denotee i /2" x i4" Iron Pipe -i O Monument Set and Marked by Minn. Reg. No. 11703 I hereby certify that this eurvey, plan or report was prepared by me or under my direct Job No.: 69 -140 supervision and that I em a duly Registered Land Surveyor under the Laws of the State of Book: 920 Page: 18 -24 Minnesota. Dj sk: Vo 1 ume: 4 Sec.: 25 Ttvp .: 1 1 7 n.: 23 Co.: Hennepin Minn. neg. No. 11703 N (19 2.9 5 9 F. . ---200.00 • - -- T O d 1 I ° I I I I 01 O NI 200' EXISTING CURB i . .t WATER TOWER I i CO I' O EXIIIBI`i' E -3 (page 2 of 2) GRAHAM 8 ASSOCIATES, INC_ Professional Surveyors 612- 755 -0100 Office: Mail: Suite 103, Box, 754 2619 Coon Rapids Blvd, Anoka, MN, 55303 Coon Rapids, MN, 55433 LEGAL DESCRIPTION for: CELLULAR ONE SHOREWOOD SITE - ACCESS ROAD An -`• for ingress and egress over and across that part of Lot 34 Auditors Subdivision Number 141, Hennepin County, Minnesota, which lies within a strip of land 20 feet in width, the centerline of said strip being described as follows: Commencing at the Southeast Corner of Lot 32 of said Auditors Subdivision Number 141, said corner also being the South Quarter Corner of section 25, Township 117, Range 23, Hennepin County, Minnesota; thence South 89 degrees 29 minutes 59 seconds West along the South line of said Lot 34 for a distance of 49.83 feet; thence North 10 degrees 03 minutes 00 seconds West a distance of 32.19 feet to the point of beginning of the line to described; thence North 79 degrees 57 minutes 00 seconds East a distance 23.46 feet; thence Southeasterly along a non - tangential curve concave to the Northeast, said curve having a chord bearing of South 66 degrees 04 minutes 10 seconds East, a central angle of 43 degrees 40 minutes 40 seconds, and a radius of 47.18 feet for a distance of 35.97 feet to a point on the East line of said Lot 32 distant 21.02 feet Northerly of the Southeast corner thereof and there terminating. Together with such right of access over the South 200 feet of the West 66 feet of Lot 32, Auditors Subdivision Number 141, as granted to the City of Shorewood by un- recorded easement. Gnl Illll l L' --L' S ANAM (page 1 of 2) ' & ASSOCIA TaS INC . professional surveyors 2619 Coon Rapids Blvd., Suite 103, Coon Rapids, Minnesota, 55433 SCALE: 1 "Q30 ' 612- 755 -0100. SHOREWOOD SITE - LEASE TRACT Certi of Survey for: CELLULAR ONE Description: See Attached A �.. �-� • N. 89 29 54E. - - 200.00 . I •,1 ;% 1 4 `.. . r l• W .• m -' 1 •' 00 000 0 1 1 W I � N O _ O O 0- N O V) I :. O Q 0 W W Y a Q O J 0 W X D LL •' �_ NOTE WATER 4.37 FENCE TO 20.09 TOWER N. W 2 03 „ W. BE I' INSIDE 8DRY. S "W. LEASE i 5 1 TRACT — 4 o- ACCESS 8DRY, w M ROAD =0 I d _ r.4- 12 X 28 SHELTER -- - -23.0 10 - N 7 9 57 00 E 1 Nb ' . I - -Qq R3 -- _r --200.00-- r S. 89 29 59 ' W. COR. SEC. 25 T117,13. 23 Q Hennepin Co.,cest Sron Monument • Denotes round Sron Pipe O Denotes 1/2" x 14” Sron Pipe Monument Set and Marked by Minn. Rep. No. 11703 Job No.: 89 -140 Book: 120 Page: 18 -24 Disk: Volume: 4 Sec.: 25 TWp .: 117 R .: 23 Co.: Hennepin I cr S. 1/4 COR. / WI SEC. 25,T 117 R. 23 F Y I a O J O I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. / 4 date:j�`�Y Minn. Reo. No. 11703 SCALE: 1 " -30 ' Lnl1J.111'1' "L -1 DR*AM ASSOCIA TEE! Avc. professional surveyors 2619 Coon Rapids Blvd., Suite 103, Coon Rapids, Minnesota, 55433 612- 755 -0100 SHOREWOOD SITE - PARENT PARCEL Sketch for: CELLULAR ONE Doscrlprlon: The South 200 feet of the East 200 feet of Lot 34, AUDITOR'S SUBDIVISION No. 141, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. • A i fit' 1 •I ;.• ��• N. 89 29 59 - -- 200.00 - -- - 9 w N ' O 0 Op ° O 61 WATER TOWER .! '. • O 'r C I I 200' (4 - off •• O NI 0 LEASE . TRACT I I I I `CO t ---200.00 - -- p 1 11 N. 89 29 59 E. ""SW. COR. SEC. 25 T.117 R. 23 0 Hennepin Co. cost Iron Monument • Denotes Found Iron Pipe O Denotes 1 12" x 14" Iron Pipe Monument Set and Marked by Minn. Rep. No. 11703 Job No.: B9 -140 Book: 120 Page: 1 B -24 Disk: Volume: 4 l` e c .: 25 T wp .: 9 1 7 P.: 23 Co.: Hennepin S. 1/4 COR. SEC. 25 R.23 W ' N O. O O O 0- O r O I O I � I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Lend Surveyor under the Laws of the State of Minnesota. Da t e: �c.u_z�� Minn . neg . No. 11 703 0 • MAYOR JAN HAUGEN FEBRUARY 14,1990 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD,MN.55331 DEAR MS.MAYOR , PLEASE CONSIDER THIS LETTER TO BE AN APPEAL TO EXTEND THE TIME TO REMOVE THE UNHEALTHY SUBSTANCES FROM MY PROPERTY AT 5655 AND 5665 EUREKA ROAD. FIRST OF ALL I WANT TO THANK YOU FOR BRINGING TO MY ATTENTION THE VIOLATIONS AGAINST SHOREWOOD REGULATIONS. I DO NOT WANT TO VIOLATE THE LAW. I DO WANT MY PROPERTY TO LOOK NICE. I AM HAVING SOME PROBLEMS WITH THE TENANTS. I HAVE ASKED THE OWNER OF THE TRAILER TO EMPTY IT AND HE HAS NOT RESPONDED. HE DID HOWEVER,REMOVE TWO OTHER VEHICLES FROM THE PROPERTY. THE OWNER OF THE BLUE PONTIAC GRAND PRIX AND WHITE CHRYSLER CORDOBA LEFT FOR CALIFORNIA ON THE 9th OF JANUARY OWING ME 175.00 . HE SAID HE WOULD BE BACK IN 10 DAYS TO TWO WEEKS. ALL HIS BELONGINGS ARE STILL THERE.BUT I DO NOT HAVE ANY WAY TO COMMUNICATE WITH HIM TO GET HIM TO MOVE THE VEHICLES OR TO EVICT HIM.NOW HE OWES ME $550.00. IN 15 DAYS HE WILL OWE ME $925.00 I HAVE CONTRACTED ARTHRITIS AND I AM IN GREAT PAIN ALL OF THE TIME. AND I AM TAKING MEDICINE THAT DOSEN'T MAKE IT REAL EASY TO DO THINGS . MY SHOULDERS ACHE SO BAD THAT I GET A HEAD ACHE FROM GRITTING MY TEETH AGAINST THE PAIN. BECAUSE OF THE ARTHRITIS I HAVE LOST MY EMPLOYMENT AND SO I HAVE BEEN JOB HUNTING SO THAT I CAN PAY MY BILLS. THEY WANT TO REPOSES MY CAR - -AND THE BANK WANTS TO FORECLOSE ON MY HOUSE. BECAUSE THE PREVIOUS DOWNSTAIRS TENANT COMPLAINED TO THE FIRE DEPARTMENT, I AM TRYING TO SATISFY THE FLAME SPREAD A AND B REQUIREMENTS THAT ARE ONLY FOR RENTAL PROPERTIES. WE HAD VERY BEAUTIFUL PANELING IN THE BUILDING, BUT I HAVE HAD TO RIP IT ALL OUT AND PUT IN NEW SHEET ROCK. I HAVE SPENT MANY THOUSANDS OF DOLLARS IN TRYING TO COMPLY WITH THE ORDINANCE.(A PRIVATE HOME IS EXEMPT FROM THIS LAW). THE DOWN STAIRS TENANT IS OUT OF WORK ALSO AND OWES ME $ 250.00 FROM LAST MONTH THE $ 450.00 FROM THIS MONTH. I AM USING THE GROCERY MONEY FROM MY UNEMPLOYMENT CHECK TO BUY STORM WINDOWS FOR THE DOWNSTAIRS WINDOWS AT EUREKA. I REALLY DO NOT HAVE MONEY TO SPEND ON TOWING CARS. l` r • I HAVE CONTACTED SEVERAL TOWING AND WRECKING SERVICES.,THEY WILL NOT TOW THE CAR AWAY FROM MY PROPERTY IF IT DOSEN'T HAVE A CURRENT LICENSE PLATE. AND BRUCE CARMICHAEL SAID THAT HIS WRECKING SERVICE CANT'T TOUCH IT UNLESS I CAN GIVE HIM GREEN REGISTRATION PAPER FOR EACH CAR. LARRY AT EXCELSIOR AMOCO SAID THAT HE WOULD TOW THEM AWAY FOR 35.00 EACH PLUS 2.00 A MILE BUT HE HAS TO KNOW WHERE YOU WANT THEM TO BE PUT ON CITY OF SHOREWOOD PROPERTY. ELENOR AT THE HENNEPIN COUNTY HENNEPIN OFFICE ,SHERIFFS SALE DIVISION,TOLD ME THAT I CAN'T HAVE A SHERIFFS SALE UNLESS THE OWNER IS PRESENT SO I GUESS THAT WON'T WORK. THE OFFICER AT THE SHERIFFS SALE DIVISION, SAID HE WOULD EVICT THEM IN HOPES THAT THEY WOULD TAKE THEIR CARS AND TRAILERS WITH THEM. I CALLED THE UNLAWFUL DETAINER SECTION AT RIDGEDALE COURT AND THEY SAID THAT IT TAKES LONGER IF THE PEOPLE ARE ABSENT BUT THAT MAYBE TWO TO FOUR WEEKS WOULD BE A GOOD ESTIMATE TO EVICT SOMEONE. WHAT THIS ALL COMES DOWN TO IS THAT I GUESS I NEED FOUR WEEKS AND MAYBE SIX WEEKS MINIMUM EXTENSION ON THE TIME FOR MY COMPLIANCE TO YOUR NOTICE TO REMOVE. THANK YOU FO YOUR SERIOUS CONSIDERATION, i�-�1 :� ED SHEMANEK OWNER OF DUPLEX AT 5665 EUREKA ROAD. w 4355 CHIPPEWA LANE MAPLE PLAIN,MN.55359 473 -6459 CC:JOE PAZENDACK c % r V ✓✓ a� MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF S HOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 DATE: 1 February 1990 TO: Eccliasia Enterprises, Inc. 4355 Chipewa Lane Maple Plain, MN 55379 PROPERTY LOCATION: 5655 & 5665 Eureka Road, Shorewood, MN 55331 PROPERTY IDENTIFICATION NO.: 33- 117 -23 -23 -0003 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501,, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes the following: Trailer - no license Blue Pontiac Grand Prix - no license White Chrysler Cordoba - License #657 DPN - May 1989 tabs , /Vehicle parts -(hoods, doors, vtires & batteries) v yellow snowmobile ✓Old oil tank ,/Brush ,/Trailer full of garbage & roofing debris - (trailer has current license and is not in violation) You are hereby required to remove the above- described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property. ** *PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION * ** BY ORDER OF THE SHOREWOOD CITY COUNCIL. A Residential Community on Lake Minnetonka's South Shore M 4 z • CITY OF 1 / 11 u MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Warten SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 DATE: 18 January 1990 TO: Steven L. Pahl 24860 Smithtown Road Shorewood, MN 55331 PROPERTY LOCATION: 24860 Smithtown Road PROPERTY IDENTIFICATION NO.: 33- 117 -23 -24 -0006 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes the following: JUNK IN BACKYARD - Black Jeep Pickup - No Plates Red Jeep Pickup - License #MPN 881 - Nov. 1984 tabs - inoperable Green Ford Truck - License #YS 81390 - Jan. 1987 tabs Old freezer, concrete, brush and tree parts, drums, vehicle parts (engine and tires, etc.), construction material and debris, oil tank, 2 trailers with no license plates, old snowmobile, 2 motor cycles with no license plates, old air conditioner, old washer, old small tractor (similar to bobcat), inoperable. Approximate volume of non major items listed above is 100 cubic yards You are hereby required to remove the above- described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property. ** *PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION * ** RY ORDER OF THE SHOREWOOD CITY COUNCIL. / A Residential Community on Lake Minnetonka's South Shore / �A; r • 14 18 - ? . • a S U rG -jo -t your le�rer aN fi -poi We .v _S c PS MOS ot_ ___Saed o �TcN5/ue JYta� et'.- Z h C a �eK; he Recd -'vwcd a.uJa Q 0A3 o �' /ers , ?he Frd 7GGO �,�'�� be oopi e b �cb. 7 Q!nc ,� �'�11ys ��oP �s i� / A e- �ara.jc 164 Wee - �ac ��qh�S C� vtd t.s t�! be v t�tco apONd C am �l e } Ic The m e for y F� e 5 w! e u 1 n! 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' c - -- P►,. - -. y 7 MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: The City Counci 1„_ FIR : Larry Whit taker DT: Feb. 22, 1990 RE: Financing TIF Plan The staff has reviewed Mr. Sherman's February 19, 1990, letter and agrees that: 1. The Development Agreement clearly states that the Developer will "share" in the costs of the improvements; 2. The City has, to a great degree, control over the scope of the TIF plan - and has included frontage road and watermain im- provements that would probably not be included in the Developer's planning or financing; 3. That the improvements proposed to be included in the TIF plan are not proposed simply for Waterford Third Phase. These improve- ments were approved to facilitate development of the entire S.E. area. The collector street, intersection and water mains were a part of the approved plans for an area of 500 homes in the S.E. area and were intended to relieve traffic on Vine Hill Road and Covington and Radisson Rd. as well as to serve the Third Phase. 4. The improvements will belong to the public, not the developer. Therefore, we believe his offer to finance 50% of the cost of the TIF plan is reasonable. The City would need to assess financing alternatives and the construc- tion of these improvements even if the Third Phase is not built. And, whilewe certainly acknowledge that these improvements enhance the value of property in the Third Phase, we could not assess all of the costs to the Third Phase if this were a standard 429 Special Assessment pro- cedure. TIF is a benefit to the developer; but, it may also be the best - and only practical - way to.finance the public improvements we planned to meet the needs of the S.E. Area when we approved the plans and plats for the new homes. We recommend the City Council accept Mr. Sherman's offer so that we can complete this necessary study and take advantage of TIF if the TIF plan demonstrates a TIF is practical and the most acceptable way to finance these planned public improvements. A Residential Community on Lake Minnetonka's South Shore ( D IL SHERMAN•BOOSALIS February 19, 1990 - Mr. Brad Nielson City °of Shorewood 5755 Country. Club Road Shorewood, MN 55331 Dear Brad: We are writing to request that the City of Shorewood participate in the cost of the tax increment study authorized `by the City. We believe this request is appropriate, considering our joint interest and legal obligations.. ' First, the development contract specifically states that all- costs of the intersection are to be ..paid -.for -by all who benefit. _ This study is just part of the cost of completing the intersection. Second, the City has hired their own experts and legal counsel to prepare this study and has considerable discretion over the scale-scope and cost of the study. AJready, the scope of the study includes potential improvements outside the Waterford III addition, and beyond the construction -of the intersection. The City should participate as they - direct this study in-its length and professional cost. Sherman - Boosalis is interested in the study being conducted fairly, professionally and timely. We are also interested in the intersection I roceeding on a timely matter to fulfill the development contract requirement of the City and developer. We believe for these. reasons the City and developer should participate equally in covering the cost. When the intersection proceeds, the cost- can be covered in the overall cost of the 'intersection. We appreciate your consideration of this request and will be available to answer any questions. Sincerely, SHERMAN- BOOSALIS INTERESTS, Incorporated — Geoffi ge E. Sherman Chief Executive Officer TAXINCLE: TYPING /js llailh Address: P.O. Pox 1482 • Minneapolis. NIN 55- 140 -1482 • 9reel Aeldress 3.10 Century Plaza • 1111 Third Avenue South / . Minneapolis. NI\ 55404- 1040• (612) 333- -272 • Fay Number • (612) 3-H-1795 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: The City Council FR: Larry Whittaker DT: Feb. 22, 1990 RE: General - February 26 AGENDA Item # 11 - S.E. Area water quality survey /Feasibility Study: With over 70% of those responding indicating there is a problem, I think we need to identify the scope of work and costs for iron removal. I still believe residents may decide to install individual iron treat- ment systems once the costs are known. So, I recommend we develop the basic treatment costs and hold an informational meeting BEFORE we enter into a formal 429 Feasibility Study and hearing. And, I still believe we can do that for less than $5,000. I don't think we need to look at new technology, filter loading alternatives or address pending standards - nor do we need to look at many site alternatives. If we identify the basic costs - and type of facility (size, height, mass), I think we will have enough information to inform the public of the impacts of a municipal iron removal plant. For the record, I shared-the scope of work from both proposals with both firms because their fees were so far apart. I did not share that information so that OSM could "underbid" the other firm. Un- fortunately, this did not illuminate things much. Now, I believe the Council should review Associated Conslutants Jan. 29, 1990, letter and decide if their proposal meets our needs. If so, and if we hire them, I think we should use them throughout the process - as there would certainly be duplication if they did the initial study and OSM were brought in later to complete the process. This was not a formal bidding process; so, the City is not required to accept the lowest responsible bid. However, unless OSM can pro- vide the basic information at a similar cost, I recommend we hire Associated consultants for the study. Item # 12 - LMCD Issues: I have invited Bob Rascop to attend the meet- ing and address the LMCD request for assistance with the Milfoil har- vesting and the LMCD role in Shoreland Management. Public Works Director Zdrazil will also be present to address the City's ability to assist with the harvest. A Residential Community on Lake Minnetonka's South Shore / / ` lZ MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: The City Council FR: Larry Whittaker DT: Feb. 22, 1990 RE: General - February 26 AGENDA Item # 11 - S.E. Area water quality survey /Feasibility Study: With over 70% of those responding indicating there is a problem, I think we need to identify the scope of work and costs for iron removal. I still believe residents may decide to install individual iron treat- ment systems once the costs are known. So, I recommend we develop the basic treatment costs and hold an informational meeting BEFORE we enter into a formal 429 Feasibility Study and hearing. And, I still believe we can do that for less than $5,000. I don't think we need to look at new technology, filter loading alternatives or address pending standards - nor do we need to look at many site alternatives. If we identify the basic costs - and type of facility (size, height, mass), I think we will have enough information to inform the public of the impacts of a municipal iron removal plant. For the record, I shared-the scope of work from both proposals with both firms because their fees were so far apart. I did not share that information so that OSM could "underbid" the other firm. Un- fortunately, this did not illuminate things much. Now, I believe the Council should review Associated Conslutants Jan. 29, 1990, letter and decide if their proposal meets our needs. If so, and if we hire them, I think we should use them throughout the process - as there would certainly be duplication if they did the initial study and OSM were brought in later to complete the process. This was not a formal bidding process; so, the City is not required to accept the lowest responsible bid. However, unless OSM can pro- vide the basic information at a similar cost, I recommend we hire Associated consultants for the study. Item # 12 - LMCD Issues: I have invited Bob Rascop to attend the meet- ing and address the LMCD request for assistance with the Milfoil har- vesting and the LMCD role in Shoreland Management. Public Works Director Zdrazil will also be present to address the City's ability to assist with the harvest. A Residential Community on Lake Minnetonka's South Shore / / ` lZ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: The City Council FR: Larry Whittaker DT: February 21, 1990 RE: Survey of S.E. Area Water Users - Iron Removal /Softening We received 102 surveys of the 308 we mailed. Residents responded: NO Problem - 18 Have system 18 Softening 18 Iron removal 3 Needs treatment I - maybe MAY Have Problem - 7 Have softening 7 Iron removal I Needs treatment 2 Study Iron 6 Study softening 0 HAVE Problem 77 Have softening 66 Iron removal 14 Needs treatment67 Study Iron 67 Study softening25 71 .0% believe we should study Iron Removal 24,5% believe we should study Softening 67.6% believe the water needs Additional Treatment General comments were that the color ranged from cloudy to yellow /green, yellow, brown, red, rusty Odor problems were experience by some Stains clothes and plumbing fixtures High in iron /very hard Suspended particles Three said "Don't s udy - Do it'' -" Three mentioned we should take the lower bid. A Residential Community on Lake Minnetonka's South Shore MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: The City Council FR: Larry Whittaker DT: February 21, 1990 RE: Survey of S.E. Area Water Users - Iron Removal /Softening We received 102 surveys of the 308 we mailed. Residents responded: NO Problem - 18 Have system 18 Softening 18 Iron removal 3 Needs treatment I - maybe MAY Have Problem - 7 Have softening 7 Iron removal I Needs treatment 2 Study Iron 6 Study softening 0 HAVE Problem 77 Have softening 66 Iron removal 14 Needs treatment67 Study Iron 67 Study softening25 71 .0% believe we should study Iron Removal 24,5% believe we should study Softening 67.6% believe the water needs Additional Treatment General comments were that the color ranged from cloudy to yellow /green, yellow, brown, red, rusty Odor problems were experience by some Stains clothes and plumbing fixtures High in iron /very hard Suspended particles Three said "Don't s udy - Do it'' -" Three mentioned we should take the lower bid. A Residential Community on Lake Minnetonka's South Shore I ° . • ASSOCIATED CONSULTANTS ENGINEERS, INC. REGISTERED PROFESSIONAL ENGINEERS 3131FERNBROOK LANE NORTH MINNEAPOLIS, MINNESOTA 55447 612/559 -5511 FAX 612/559 -5514 January 26, 1990 City Council City of Shorewood 5655 Country Club Road Shorewood, MN 55331 Mayor and Council Members: I appreciate the time that you gave our firm on Monday, January 22, 1990 when we discussed the feasibility study for iron removal and softening systems for the southeast area water system. As the discussion progressed it became clear to me that you under- stood our proposal to be something simpler than the proposal by the other engineering company. The only item in the scope of work of company that we did not plan to address was using higher filter loading rates in the it are aware of this proprietary system and will report if you so desire. We have studied it have not recommended it's use to date. the other engineering the possibility of on removal filter. We include it in our on other projects and It is true that some of the items in the scope of work of the other engineering company require very little effort, in my judgement. For instance, we would combine tasks 105, 110 and 115. Task 120, Safe Drinking Water Accompliance, is merely reviewing the results of the water analysis. The maximum contaminant levels are normally printed on the water analysis and flagged if an item exceeds the MCL. Task 125, Plant Site Alternatives, we offer to include for an additional $500.00. Task 130 would be done by a testing laboratory under either proposal. Task 135, Treatment Alternatives. We would compare an iron removal filter with polyphosphate treatment and calculate li -fe cycle costs for both. We would also study softening using the lime soda process and an ion exchange process. Task 140, Ten State Standards, require that filter bed loading rates to be not in excess of 3 gallons per minute per square foot of area. Filter size is based on the pumping rate, so again this is not a very demanding task. 9 0 Task 145, Control System Evaluation. For the plant to function automatically a pressure sensor would be used to turn the well pump on and off at a preset elevations in the water tower. A contact on the well pump would start the filter chemical feed pumps and that would be all the control system that would be required. We would also include a study of an automatic backwash system. Task 150, Alternative Energy Source. A generator large enough to provide a peak shaving utility rate would be so much larger than required for emergency operation of the treatment plant and well as to be a completely separate project. Task 155, Disinfection. I know from experience, as I'm sure the other engineering firm does as well, that chlorine is the most economical system for disinfection of well water. Surface waters would require additional study. Task 160, Cost Estimates. We were planning to provide these. Task 165, Financing and Cost Distribution. We would indicate the impact on the rate payer of either assessment or the sale of bonds and adjusting the water rates for repayment. We strongly favor the latter method so as to treat the water system as a business to the greatest extent possible. I heard some discussion between the council members regarding the precision of the estimates that would be provided by respective companies. I am enclosing bid tabulations from our last two iron removal filter projects to show you that the contractors prices will vary a good deal on any given project. The engineer's estimate can be no more precise. Finally, I heard discussion of the council regarding the possible cost of the project. The New Prague project was for a 500 gallon per minute filter and the Truman project was for a 400 gallon per minute filter. As I understand it Shorewood would require a 1000 gallon per minute filter. You perhaps can see from these bid tabulations that construction costs would be something less than half a million dollars if designed by our firm. The goal of our design is to produce an economical system that has low maintenance costs and is simple to operate. Very truly yours, ASSOCIATED CONSULTANTS ENGINEERS, INC. X�6v Noel W. Vogen, P.E. NWV /kp L O) N C C G w O _ v C q OIR � J O O V O � dr C .- Y L O q d d u v o -.c -C -1z: F Z 4 w E- 2: 0 Z W N O > k1 � � Z RI 7 E in N Q >- a m V) a. mm Fz a 3 N 4 d ro 7 O C O � Q W NYMNM M N M M N M N ^ a N H KNMKK M N N N M M K f` 2 � � C KK K M K K M W N � O ^ V KMNNM K K K M M K K W F- V Z 1' � C MMNKK M N W {n H O ^ u MKKKK M K M N M M M W F- u z� �a M N N K M K N CD K K K N K W 1- V Z oG � a K M K K K K K O C G O .n V1 O a m 0 C V N F. 1 E C KNKMN 1 M K K K K K K U U U U U SL 01 .] O 0 A Z OC CL U in N N N M u j J u u u u ,.a v 00000 0 z 00000 0 < c v In n1nrnm r+ C C 0/ >. O G+ o. > �. o o. G. o A c E A^ A C E G 'O G al C 'O 7 \ • O. 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Rascop i C v SUBJ: 1990 Eurasian Water Milfoil Weed Control Program, Shoreland Off - Loading, Disposal Sites and Trucking Assistance The propsect of LMCD conducting its 1990 Weed Control Program as an "in house" operation, rather than contracting the service, has. a number of economic advantages. LMCD is further facing the likelihood that it will be conducting the 1990 program through its own funding resources. The U S Army Corps of Engineers agreement is yet to be. confirmed. The PIN DNR grant of $30,000 is on hold until June without assurance it will be made available. We are presently negotiating with Hennepin County Public Service to cover the land portion of our costs, namely trucking to disposal sites. In order to maximize the return on our limited funds, there are a few key areas of assistance our cities can further provide to stay on top of this Eurasian water milfoil invasion. Would you please consider helping in: 1. Identifying fire lanes or similar shore access points where the weed harvesters can off -load in your area. Shoreline water depth of at least 18" is needed within 20' of shore. That can be lengthened to 40' with a conveyor extension we have. A single axle or tandem truck must be able to reach the shore. The access road must support a loaded truck. LMCD crews will leave the area clean, well groomed. Duration of use will be a few days to a week generally. All cutting will be done normally before 5:00 pm. Light maintenance on the harvesters will be done in the early evening. 2. Supplying compost /weed disposal sites nearby. Weeds make an excellent mix with grass and leaves. Close - in sites are a necessity. Such cost control measures by shortening the hauling distances will reduce our future dependency for city funds. 3. Providing a city truck and driver to haul weeds from your Lake area. We are striving to secure the needed County funds to hire truck-hauling service. Should this fall short of our needs or not be forthcoming, we would need city assistance for a short term. Your suggestions on how one or more cities may combine to back -up this short haul to a nearby disposal site are invited. We will be in touch within the week to explore how you can assist in these areas. Thanks for giving this your early consideration. ) a • ANIMAL CONTROL AGREEMENT • This agreement made this day of , 19_ by and between the City of Chanhassen, hereinafter referred to as "CHANHASSEN "; and the City of Shorewood, hereinafter referred to as "SHOREWOOD ", witnesseth: In consideration of the covenants and agreements hereinafter set forth; it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of January 1, 1990 and shall continue in effect until December 31, 1992 unless cancelled pursuant to this agreement. 2. CHANHASSEN agrees to patrol the public streets of SHOREWOOD in accordance with a schedule provided by CHANHASSEN, agreed upon by SHOREWOOD. If necessary, CHANHASSEN agrees to transport animals as it deems appropriate. CHANHASSEN will attempt to notify South Lake Minnetonka Public Safety Department prior to impounding any animal. 3. CHANHASSEN agrees to provide personnel and equipment to provide animal control services. Said employees shall perform their duties in proper attire, utilizing a marked Chanhassen Public Safety vehicle whenever available. These employees shall be in uniform or have City of Chanhassen identification. 4. SHOREWOOD shall authorize CHANHASSEN to apprehend and retain domestic ani- mals and /or issue citations or warnings for violations of city ordinances. Wild animals shall only be dealt with if presenting dangers of personal injury or significant property damage. However, CHANHASSEN shall not invade private property contrary to the wishes of the owner of said pro- perty, nor forcibly take an animal from any person without the approval and assistance of a peace officer having jurisdiction in that city. 5. In addition to regularly scheduled hours of patrolling, CHANHASSEN agrees to respond to "emergency call- outs" from SHOREWOOD. CHANHASSEN will have an officer scheduled to respond to such call -outs, to be billed to SHOREWOOD at the rate of time and one -half per hour with a minimum of two hours. CHANHASSEN shall respond at the earliest opportunity to such requests, including bite cases or injured animals, as deemed appropriate by CHANHASSEN. An "emergency call -out" is defined as a specific request for animal control service during times that an officer is not on duty. If a Chanhassen Ani- mal Control Officer is on duty, even though not assigned to.SHOREW00D, said officer will respond, applying the time to the regular schedule (so that this would not be considered an emergency call -out). If deemed appropriate by the Chanhassen officer on call, a situation may be dealt with over the phone, in which case no fee will be charged. 6. CHANHASSEN agrees to coordinate services with the Chanhassen Veterinary Cli- nic, 440 West 79th Street, Chanhassen, MN 55317, as long as this arrange- ment is agreeable with the Chanhassen Veterinary Clinic. lyA -1 Animal Control Agreement Page 2 0 7. CHANHASSEN shall furnish monthly reports to SHOREWOOD reflecting the charges for such veterinary fees as well as patrol and emergency call -out fees, which each city agrees to pay CHANHASSEN within 30 days of being billed. 8. When an animal is impounded by CHANHASSEN pursuant to this animal control contract, said animal shall be held in accordance with Minnesota Statute 35.71. This statute includes, among other things, that impounded animals will be held for at least five "regular business days" (as defined by Mn.Stat. 35.71, Subd. 3). In the event that any impounded animals are unclaimed after a maximum of 7 days (5 "regular business days ", and possibly 2 partial days), the animal becomes the sole responsibility of the Chanhassen Veterinary Clinic to be placed or disposed of at their discre- tion. 9. CHANHASSEN shall maintain reports on Chanhassen forms, or utilize specific forms as requested by SHOREWOOD. A monthly report of activity shall be provided to SHOREWOOD. 10. The City of CHANHASSEN will indemnify and hold harmless SHOREWOOD for claims, suits, actions, damages and loss arising out of the negligence or misconduct of the City of CHANHASSEN in conjunction with this agreement. 11. SHOREWOOD agrees to pay CHANHASSEN for services in the performance of this contract, pursuant to Paragraph 15 of this contract, as follow: A) Price per hour - per vehicle for scheduled patrol based on actual time in service for the CITIES ...................$22.00 B) Price per emergency call- out .....................2 hour minimum at time and one -half per hourly rate. (minimum call out fee $66.00) C) Impound, boarding, euthanasia, disposal and any other veterinary fee, as charged by the veterinary clinic. D) It is agreed that if the designated boarding facility or euthanasia/ disposal service is unavailable, SHOREWOOD shall authorize CHANHASSEN to obtain these services elsewhere, and SHOREWOOD shall pay CHANHASSEN the rates of the alternative facility. 12. SHOREWOOD shall pay any veterinary bill incurred for unclaimed animals impounded from SHOREWOOD. Owners claiming their animals shall be charged the veterinary bill in its entirety, including impound fees. 13. All payments shall be made by SHOREWOOD upon receipt of monthly statements from CHANHASSEN within 30 days. 14. Because this is a joint effort involving the cities of SHOREWOOD, VICTORIA, EXCELSIOR, TONKA BAY, GREENWOOD and CHANHASSEN, it is agreed upon that any modifications to, or withdrawals from this contract shall require the written authority of each party. SHOREWOOD agrees that in the event that one or more parties seek such change, including withdrawing from the con- tract, said party (or parties) shall remain obligated to pay for their agreed upon number of contract hours unless otherwise agreed to by all parties pursuant to this Paragraph for the remainder of the year. Animal Control Agreement Page 3 15. SHOREWOOD further agrees that the fees reflected in this contract are in effect only for the calendar year 1990, with the remaining two years to have fees agreed upon by all parties to this contract within 30 days of that upcoming year. If all parties are unable to agree to a fee schedule for that particular year, it is agreed that the contract will then end at the conclusion of the year that is currently in effect. 16. Under no circumstances shall CHANHASSEN be obligated to respond to any request for assistance or to patrol when, in the sole discretion of the Chanhassen Public Safety Director or his duly authorized agent, any one of the following conditions exist: (1) when necessary personnel and /or equip- ment are engaged elsewhere, (2) when road or weather conditions constitute a hazard, (3) when providing assistance would expose any person to unreaso- nable risks. 17. The time and manner in which service is rendered, the standard of perfor- mance and the control of personnel employed to render such service shall be determined by CHANHASSEN. CHANHASSEN reserves the right to alter sche- duling should conflicts arise (i.e. CSO schooling, illness, vacation, etc.). 18. CHANHASSEN agrees to patrol the public streets of animal control calls during regular patrol hours in SHOREWOOD 10 (ten) hours per week. CITY OF CHANHASSEN SHOREWOOD and respond to pursuant to this agreement BY: Donald J. Chmiel, Mayor AND Don Ashworth, City Manager CITY OF SHOREWOOD BY: Mayor AND Clerk C i4b-- CITY OF EXCELSIOR 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 TE L E : 612- 474 -5233 FEB 13 1990 Ms. Wendy Anderson, Administrator City of Greenwood 20225 Cottagewood Road Excelsior, MN 55331 February 12, 1990 1/Mr. Larry Whittaker, Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Mr. Kirk McDonald, Administrator City of Tonka Bay 4901 Manitou Road Tonka Bay, MN 55331 RE: S.L.M.P.S.D. Building Lease Dear Wendy: I am starting this letter with your City s it was the last to approve the wording in the SLMPSD Building Lease. I have spoken with each of the City Administrators and the City Attorneys and have been assured that this wording was acceptable to them and they would be able to sign it as soon as I sent the Lease for signatures because the City Councils had already approved the concept. I hope so - here is the long awaited document. The additional wording requested by Greenwood, written by Shorewood and agreed upon by all of us begins on page 2, line 6, of the large paragraph following Section 3.b.: "An individual City within the membership.... ". Please have the appropriate officials sign all five documents and then forward them to one of the other cities. When I receive them all back I will redistribute a copy to each City and one to SLMPSD. I am having a new payment copy with the final lease. I for completing your task in a schedule run and will distribute a apologize for the delay. Thank you timely manner. Sincerely, Gre or S. Withers City Manager GSW: cj 0 0 LEASE This Lease, made and entered into effective , 198_, by and between the City of Excelsior, a municipality of the State of Minnesota ( "Lessor ") and the Coordinating Committee for South Lake Minnetonka Public Safety, a body created pursuant to Minnesota Statutes, Section 471.59 ( "Lessee "). RECITALS: A. Effective January 1, 1988, the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay_ entered into a Joint and Cooperative Agreement Relating to the Employment of Police Chief and Police Officers so as to Provide Full -Time Police Protection for the Cities of Excelsior, Greenwood, Shorewood and Tonka Bay ( "Joint Powers Agreement ") , a copy of which is attached hereto as Exhibit A . B. Pursuant to the Joint Powers Agreement, the Coordinating Committee for South Lake Minnetonka Public Safety was created and was granted the authority to provide office space for a police chief and police offers to provide the parties to the Joint Powers Agreement with law enforcement services. C. The City of Excelsior is willing to construct a building to be leased by the Lessee to provide law enforcement services for the parties to the Joint Powers Agreement. D. The City of Excelsior has agreed to invest in the construction of such building. The instrument shall be repaid to Excelsior by the Lessee, together with interest thereon, in the form of base rent, as hereinafter described. WITNESSETH: 1. Premises Lessor does hereby lease unto Lessee and Lessee does hereby take from Lessor the premises located at 810 Excelsior Boulevard, Excelsior, Hennepin County, Minnesota 55331 legally described in Exhibit B attached hereto, together with all existing improvements located thereon and together with all rights, privileges and easements and appurtenances belonging to or in any way pertaining to such tract or parcel of land ( "Premises "). 2. Term This Lease shall commence on January 1, 1989. This Lease shall continue in perpetuity unless earlier terminated as provided in this Lease. 3. Base Rent Lessee shall pay to Lessor base rent as follows: a. Lessee shall pay to Lessor base rent of thirty -eight thousand four hundred dollars ($38,400.00) per annum, payable in monthly installments of three thousand two hundred dollars ($3,200.00) each in advance on the first 9 0 day of each month commencing on the Commencement Date and continuing thereafter until the amount invested by the City of Excelsior (in an amount not to exceed ($435,000.00), together with interest thereon at the rate of seven percent (7 %) per annum is fully amortized. The final payment shall be reduced if necessary to an amount necessary to pay the outstanding principal balance and accrued interest in full. Base rent shall be paid without set off, abatement or reduction except as expressly provided in this Lease. b. After the investment by the City of Excelsior has been paid as described in paragraph 3a, Lessee shall pay Lessor base rent of one dollar per annum in advance. Once the total amount of the investment by the City of Excelsior is known, Lessor and Lessee shall enter into an agreement memorializing such information and establishing the number of monthly payments of rent required to amortize the amount invested by the City of Excelsior. An amortization schedule shall be attached to such agreement ( "Amortization Schedule "). An individual city within the membership of the Lessee shall have the right to individually prepay at any time without penalty its share of the total principal monthly rental payments, as such share may be determined by the Joint Powers Agreement from time to time. Such prepayment shall be applied to the monthly rental payments according to the Amortization Schedule then in effect between Lessor and Lessee. Said city shall thereupon be relieved from any further obligation to pay its share of monthly rental payments to the extent of the application of said prepayment. It being understood that said relief shall extend to both the principal and interest portions of said city's share of the monthly rental payments. Upon prepayment by an individual city, Lessor shall prepare a new Amortization Schedule reflecting reduced monthly rental payments due Lessor as a result of said prepayment. The length of the contract period of the Lease shall remain constant, and not be affected by a partial prepayment of the Lease. 4. Additional Rent For additional rent, the Lessee shall pay all costs and expenses of any nature or kind whatsoever attributable to the Premises during the term of this Lease. These costs and expenses shall include, but are not necessarily limited to, utilities, maintenance of the Premises, real estate taxes and special assessments payable therewith during the term of this Lease and all insurance premiums relative to the Premises as more fully described herein. It is specifically contemplated and understood by the parties that by the terms of this Lease, the Lessor will not inctdr any financial responsibility relative to the - 2 - 0 0 Premises during the term of this Lease for which it is not repaid or reimbursed by the Lessee, except as expressly provided otherwise in this Lease. Lessee shall, in addition to the foregoing, pay any new tax of a nature not presently in effect but which may be hereafter levied, assessed or imposed upon the Lessor or the Premises, if such tax shall be based on or arise out of the ownership, use or operation of the Premises. 5. Capital Accounts a. Lessor shall credit a "Capital Account" for each party to the Joint Powers Agreement with an amount calculated as follows: (i) Upon receipt of each payment described in paragraph 3.a. of this Lease, Lessor shall determine that portion of such payment which shall be referred to herein as a "Principal Payment" by reference to the Amortization Schedule. (ii) Lessor shall allocate each Principal Payment among the Capital Accounts of each party to the Joint Powers Agreement by multiplying each Principal Payment by each party's percentage contribution to the annual budget of the Lessee, as established by the Joint Powers Agreement, as such may be amended or modified from time to time. The percentage of the Principal Payment shall be allocated among the parties to the Joint Powers Agreement pursuant to percentage allocations calculated by the Lessee and communicated in writing to the Lessor. 6. Withdrawal of a Party From the Joint Powers Agreement If any party to the Joint Powers Agreement, other than the City of Excelsior, withdraws from the Joint Powers Agreement, such withdrawing party shall receive payment of its "Vested Capital Account." Each party's interest in its Capital Account shall vest in proportion to the number of full years from the Commencement Date that such party has participated in the Joint Powers Agreement during the Lease term divided by the total number of years required to amortize the investment by the City of Excelsior as described in paragraph 3a, as memorialized by the agreement to be entered into by Lessor and Lessee as described in paragraph 3. a. Lessor shall pay the withdrawing party the Vested Capital Account with interest thereon at the rate of 7% per annum. Payment shat,l be made over a period of time equal to the time during which the withdrawing party was a participant - 3 - 0 0 in the Joint Powers Agreement and this Lease was in effect. Payments shall be made annually commencing on the anniversary of such party's withdrawal from the Joint Powers Agreement and shall be in an amount which will fully amortize Lessor's obligation within the stated time period. Lessor shall receive credit to its Capital Account for all payments of Vested Capital Accounts paid by Lessor to any other party withdrawing from the Joints Powers Agreement. b. If Lessor withdraws from the Joint payment shall be made to Lessor until or until the Joint Powers Agreement Lease will continue in effect, withdrawal of Lessor from the Joint Po otherwise terminated. Powers Agreement, no the Premises are sold is terminated. This notwithstanding the wers Agreement, unless 7. Addition of a Party to the Joint Powers Agreement Any Later Party to the Joint Powers Agreement, as defined therein, shall upon (i) payment of its share of Lessee's budget, as required by the Joint Powers Agreement, and (ii) executing a consent to the terms of this Lease, be entitled to accumulate a Capital Account as described in paragraph 5 and to distributions therefrom as described in paragraph 6. 8. Sale of the Premises Lessor will not sell the Premises without the prior written consent of Lessee. This restriction shall be of no effect if this Lease is terminated. If Lessee consents to the sale of the Premises and the Premises are sold during the term of this Lease, Lessee shall pay Lessor a prorated portion of the base rental for the month during which the sale occurs and the Lease shall terminate on the closing date of the sale. Rent shall be prorated through the date possession is surrendered by Lessee. Lessor shall credit the Capital Account of each party to the Joint Powers Agreement with its appropriate percentage of the Principal Payment. The sale price shall, not withstanding any terms and conditions of the sale providing for installment payment to Lessor, be allocated and distributed as follows: a. First, all expenses of sale shall be paid. b. Second, Lessor shall be paid the fair market value of the land described in Exhibit A, exclusive of improvements. This payment shall constitute reimbursement to Lessor of the value of the land purchased by Lessor and contributed for use with the improvements constructed thereon. The fair market Value of the land shall be established by - 4 - agreement of Lessor and Lessee. If Lessor and Lessee are unable to reach agreement as to the fair market value of the land within thirty days after the sale of the Premises, then Lessor and Lessee shall each appoint an appraiser and the two appraisers so appointed shall determine the fair market value of the land. If, within ten days of appointment, the two appraisers so appointed are unable to agree on the fair market value of the land, then they shall immediately appoint a third appraiser and the majority of the three so appointed shall determine the fair market value. If either of the parties fails or refuses to appoint an appraiser within the time aforesaid or within ten days after new appraiser should be appointed by the parties as next provided, the other party shall appoint both appraisers who shall determine the fair market value. If the appraisers so appointed are unable to agree within the time aforesaid, and then fail or refuse to appoint a third appraiser as described above, or if they appoint a third within that time but a majority of the three refuse or are unable to agree within ten days, then the parties, within ten days thereafter, shall each appoint a new appraiser and the two so selected shall determine the fair market value, or if they are unable to do so, they shall appoint a third appraiser as described above, and the majority of the three so appointed shall determine the fair market value. This process of appointing and reappointing appraisers shall be continued within the time and in the manner described above until either the parties themselves or the appraisers for them determine the fair market value of the land or until such time the parties are unable to resolve the matter, after having made a reasonable attempt to follow the procedures herein, at which time either party may commence action in District Court. C. Third, Lessor shall pay each party to the Joint Powers Agreement (including parties who had withdrawn from the Joint Powers Agreement but whose Vested Capital Accounts had not been fully paid its Vested Capital Account, which Vested Capital Account shall be determined as described in paragraph 6. If the sale proceeds remaining after payment of amounts described in paragraphs 8a and 8b are insufficient to pay each party the total amount of its Vested Capital Account, the amount payable to each party to the Joint Powers Agreement shall be reduced proportionately. Lessor shall be entitled to receive payment from its Vested Capital Account pursuant to the terms of this paragraph. Lessor shall pay each other party to the Joint Powers Agreement in_accordance with the terms of the sale. - 5 - d. Fourth, any excess of sales price over the foregoing amounts shall be distributed to Lessor. 9. Termination of the Joint Powers Agreement If the Joint Powers Agreement is terminated, this Lease shall terminate and Lessor shall retain full title to the Premises. Not withstanding the foregoing, Lessor shall be obligated to pay each party to the Joint Powers Agreement an amount calculated as follows: a. The fair market value of the Premises, excluding the land, shall be determined by agreement of Lessor and Lessee, or if the parties are unable to agree, by appraisal pursuant to the method described in paragraph 8.b. b. Lessor shall then pay each party to the Joint Powers Agreement (including parties who had withdrawn from the Joint Powers Agreement but whose Vested Capital Accounts had not been fully paid) its Vested Capital Account, which Vested Capital Account shall be determined as described in paragraph 6. If the fair market value of the Premises, excluding the land, is less than the total of all parties' Vested Capital Accounts, the amount payable to each party shall be reduced proportionately. Lessor shall be entitled to receive payment of its Vested Capital Account. Lessor shall pay each other party to the Joint Powers Agreement in the manner described in paragraph 6.a. 10. Taxes Lessee shall pay before any final penalty is added thereto, all real estate taxes, special assessments payable therewith, water bills and other governmental charges attributable to the Premises during the term of this Lease. Real estate taxes and special assessments payable therewith for a partial calendar year shall be Prorated between the parties based upon the dates of commencement and termination of the Lease. Lessee shall deliver to Lessor evidence of payment of said taxes, assessments and other governmental charges as Lessor may reasonably request. 11. Utilities and Building Services Lessee agrees, at its sole cost and expense, to contract and pay for all janitorial services for the Premises during the term of this Lease. Lessee will pay directly to the appropriate utility all charges made against the Premises during the Lease term. • r 12. Insurance Lessee agrees to maintain a policy or policies of insurance, at its own cost and expense, insuring Lessor and Lessee from all claims, demands or actions for injury or death or damage to property in such amounts as is necessary to adequately protect the parties hereto as determined by the parties from time to time arising from, related to, or connected with the Premises. Lessee shall also maintain at its sole cost and expense standard form fire and other perils insurance and extended coverage endorsements for the full insurable replacement value of the improvements located on the land described in Exhibit A. All insurance shall be carried with companies authorized to do business in the State of Minnesota and approved by Lessor. Lessor shall be named as an additional insured. Lessee shall, at the request of Lessor, provide proof of insurance coverage required by this Lease. All insurance policies shall not be subject to amendment or cancellation without thirty (30) days' prior written notice to Lessor. 13. Waiver of Subrogation Whenever (i) any loss, cost, damage, or expense resulting from fire, explosion, or any other casualty or occurrence is incurred by either of the parties to this Lease in connection with the Premises, and (ii) such party is then covered in whole or in part by insurance with respect to such loss, cost, damage, or expense, then the party so insured hereby releases the other party from any liability it may have on account of such loss, cost, or damage to the extent of any amount recovered by reason of such insurance and waives any right of subrogation which might otherwise exist in or accrue to any person on account *: thereof, provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the costs thereof (provided that in the case of increased cost the other party shall have the right, within thirty (30) days following written notice, to pay such increased cost, thereupon keeping such release and waiver in full force and effect. 14. Condition of Premises Lessee accepts the Premises as is and Lessor shall not be required to make any modifications therein for Lessee; provided, however, Lessor agrees that the Premises shall substantially conform to the plans and specifications for the Premises prepared by and dated - 7 - 15. Alterations Lessee, at its own expense, except as hereinafter otherwise provided, shall have the right to make such alterations, additions, installations, changes and improvements in the Premises as may be necessary for Lessee's purposes, provided that no such alteration, addition, installation, change or improvement shall lessen the value of the Premises and no structural alteration shall be made without the prior written consent of the Lessor in each case. If Lessee wishes to make structural alterations, Lessor may, at Lessor's option, make such alterations and the cost thereof shall be additional rent payable by Lessee to Lessor upon demand. All alterations, additions, installations, changes and improvements in the Premises shall, without further act or deed of the parties hereto, become the property of the Lessor forthwith upon the completion thereof and shall thereafter be deemed to be a part of the Premises. 16. Signs With the written consent of Lessor, which shall not be unreasonably withheld, Lessee may erect such signs on the exterior or interior of the Premises as Lessee may deem desirable so long as said sign or signs (i) do not exceed in weight the safe carrying capacity of the structure and (ii) do not violate the laws, rules or regulations of the municipality in which the Premises are situated. Such signs shall remain the property of Lessee. 17. Use Lessee may use and occupy the Premises for operation of a law enforcement service for the municipalities, including all auxiliary uses normally associated with a law enforcement service. 18. Damage by Fire or Other Casualty "Substantial destruction" of the Premises shall mean that the Premises are damaged or destroyed to an extent that the cost of repairs equals or exceeds one -third of the cost of replacement of the Premises above the foundation. In the event the Premises shall be damaged or partially destroyed by fire or the elements to an extent of less than "substantial destruction ", unless the parties shall agree not to rebuild as hereinafter permitted, the same shall be repaired as quickly as is practicable, and to the extent of available insurance proceeds. If such damage or partial destruction shall be of such character so as to require the Lessee to discontinue business therein, all rentals provided for herein shall abate from the date of such damage until the Premises are again ready for occupancy. In the event the_Premises are "substantially destroyed" by fire or the elements, rentals shall be paid up to the time of such - 8 - 0 0 destruction and Lessor shall repair or rebuild to the extent of the available insurance proceeds and Lessee shall repair or rebuild to the extent of the uninsured replacement cost. The parties shall undertake to restore or repair the Premises and shall initiate and pursue the necessary work with all reasonable dispatch, in a manner consistent with sound construction methods. Following the restoration of the Premises or completion of repairs thereto, possession and occupancy of said Premises shall be rendered to the Lessee and rental shall commence and accrue as of that date; whereupon this Lease shall continue unabated. The parties' obligation to rebuild and repair hereunder is- subject to restrictions or regulations imposed and enacted by duly constituted public authority. In no event, in the case of any such damage or destruction, shall Lessor be required to repair or replace Lessee's stock in trade, leasehold improvements, fixtures, furniture, furnishings or floor coverings and equipment. 19. Eminent Domain If the whole of the Premises shall be taken under the power of an eminent domain, then the term of this Lease shall cease as of the day of possession shall be taken by the condemning authority, and the rent shall be paid up to that date. The condemnation award shall be distributed to the same parties and in the same proportions as proceeds of sale would be distributed pursuant to paragraph 8. In the event a portion of the Premises is taken by eminent domain and such taking renders the Premises unsuitable for the carrying on of Lessee's business therein, Lessee shall have the right to terminate this Lease as of the date of such taking, provided it gives written notice to Lessor thirty (30) days prior to such taking. If a portion of the premises is taken by eminent domain and this Lease is not thereby terminated, the Lessor shall, at its expense, restore the leased Premises to an near the condition which existed immediately prior to the date of taking as reasonably possible, and all of the terms herein provided shall continue in effect except that the rent shall be proportionately and equitably abated. If this Lease is not thereby terminated, any condemnation award received upon partial condemnation shall be paid to and retained by Lessor, but each party to the Joint Powers Agreement shall be credited with its proportionate share thereof as if such payment were a Principal Payment. 9 - 0 0 20. Repairs and Maintenance Lessee covenants that throughout the term of this Lease it will maintain the interior of the Premises, and will keep the same in good order and condition, reasonable wear and tear which does not affect the proper use or value of the Premises and loss by casualty excepted. Lessee further agrees, at its sole cost and expense, to maintain, repair and replace the electrical, mechanical, heating, air conditioning, ventilating and plumbing systems of the Premises, and to keep the same in good working condition. The term "repairs" shall include replacements or removal when necessary, and all such repairs shall be done in a good and workmanlike manner. Lessor reserves the right -to inspect the Premises to insure that repairs and maintenance are properly performed. If Lessee fails to make the repairs, Lessor may make repairs to the Premises and shall be entitled to reimbursement from Lessee for the cost of such repairs. Lessee also covenants that throughout the term of this Lease it will maintain the structural parts of the Premises, including the outer walls, roof, floor, foundation, windows, and interior support columns and will keep the same in good order and condition, reasonable wear and tear and loss by casualty excepted. 21. Indemnification Lessee agrees to indemnify and hold Lessor harmless against and from any and all cost, damages, expenses, demands and claims whatsoever for damage or injury to any person or persons, entity or property, arising out of or from any cause or reason whatsoever and occurring on or in the Premises, except such costs, damages, expenses, demands and claims caused by the negligence of Lessor, its agents, servants or employees. 22. Liens or Encumbrances Lessee will not permit any mechanic's or materialman's liens to be placed against the Premises for any labor or material furnished to, or on account of, the Lessee; provided, however, that the Lessee shall have the right, in good faith, to contest the validity of or amount of any such lien if Lessee provides to Lessor a bond or other security as may be demanded by Lessor to insure payment and prevent any sale or forfeiture of the Premises. Upon final determination of such lien action, the Lessee shall immediately pay any judgement rendered. Lessor will not permit any mechanic's or materialman's liens to be placed against the Premises for any labor or material furnished to, or for the account of, the Lessor; provided, however, that the Lessor shall have the right, and good faith, in contest the validity or amount of any such liens. 23. Ownership Lessor shall remain the sole owner of the Premises, and neither Lessee nor any party to the Joint Powers Agreement shall have any ownership interest. The interests of parties to the Joint Powers Agreement to Vested Capital Accounts described herein shall be enforceable only against Lessor. - 10 - 0 0 24. Default by Lessee Lessee shall be in default under the terms of this Lease if (i) a rent payment from the Lessee to the Lessor shall be and remain unpaid in whole or part for more than five (5) days after it is due and payable; (ii) the Lessee's violation or default in any of the other covenants, agreements, stipulations, or conditions herein, and such violation or default shall continue for a period of fifteen (15) days after written notice from the Lessor of such violation or default; or (iii) if the Lessee shall be adjudged bankrupt or file a petition in bankruptcy or for any arrangements under the bankruptcy code or become insolvent or have appointed a receiver of its property. 25. Lessor's Remedies in Event of Lessee Default In the event of Lessee's default under the terms of this Lease, Lessor may, at its option: a. Terminate this Lease and the term thereof by giving to Lessee written notice of such termination and upon the giving of such notice, this Lease shall cease and come to an end and thereupon Lessee shall vacate and surrender the Premises to Lessor and Lessor may, without any further notice, re -enter and repossess the same, discharged of this Lease, and remove all persons and parties therefrom with or without legal process, and using such force as may be necessary so to do without being guilty of trespass, forcible entry or detainer or other tort; provided, that such re -entry and repossession shall not affect Lessee's obligation to pay the rent and other charges due hereunder. b. If such default by Lessee can be cured, Lessor, at its election, may spend such money as is reasonably necessary to cure such default and charge the cost thereof to Lessee, and Lessee shall pay the amount as additional rent, together with interest thereon at the maximum rate permitted by law. 26. Warranties of Title and Quiet Possession Lessor covenants that Lessor has full right to make this Lease subject to the terms hereof and that the Lessee shall have quiet and peaceful possession of the Premises during the term hereof. 27. Lessor's Right to Inspect Lessor shall be entitled to enter the Premises at all times during usual business hours for the purpose of inspecting the Premises and of curing Lessee's defaults as Lessor is permitted to do under the terms of this Lease. In addition, Lessor shall be entitled to enter the Premises at any time without notice in the event of an emergency. - 11 - 28. Assignment and Subleasing Lessee shall not sublet the Premises or assign this Lease. 29. Condition of Premises Upon Surrender Upon the termination of the Lease, Lessee will quit and surrender the Premises in as good state and condition as at the commencement of the lease term, reasonable wear and tear which does not affect the proper use or value of the Premises and loss by casualty excepted. In the event Lessee alters, remodels and /or improves the Premises in accordance with its right herein before granted, it shall not, at the expiration of said term, be required to restore the Premises to the condition that they were in when Lessee took possession, but Lessee may surrender the same in their altered, remodeled and /or improved condition without any further liability. 30. Fixtures and Equipment It is specifically understood and agreed that Lessee shall own any and all trade fixtures, movable partitions, equipment or machinery or any other movable property installed by Lessee at its own expense in the Premises during the terms of this Lease or existing as of the commencement hereof, whether attached to the Premises or not, and may at any time remove the same from the Premises. Lessor and Lessee acknowledge that all such equipment, fixtures, partitions and other movable property including, but not limited to the telephone system, shall be removed by Lessee upon the termination of this Lease. Lessee shall make any structural repairs necessary as a result of the removal of said fixtures and equipment; provided, however, that Lessor may, at Lessor's option, make such alterations and the cost thereof shall be additional rent payable by Lessee to Lessor upon demand. 31. Waiver No delay or omission of Lessor or of Lessee to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or any acquiescence therein. No waiver by either party of any breach of any covenant, agreement or provision of this Lease shall be construed or held to be a waiver of any other breach, or waiver, acquiescence in or consent to any further or succeeding breach of the same covenant, agreement or provision. 32. Notices Any notice written by either party to the other shall be by certified or registered mail, postage prepaid, addressed as follows: - 12 - To Lessor: City of Excelsior 339 Third Street Excelsior, MN 55331 Attention: City Manager With a copy to: Thomas J. Barret, Esq. Popham, Haik, Schnobrich & Kaufman, Ltd. 222 South Ninth Street Minneapolis, MN 55402 To Lessee: Coordinating Committee for South Lake Minnetonka Public Safety 810 Excelsior Boulevard Excelsior, MN 55331 or at such other address as each party may designate by written notice to the other. Any notice shall be deemed to be effective as of the date and time deposited in the United States mail. 33. Short Form Lease If either party hereto desires to record this Lease, the Lessor and the Lessee agree to execute a short form of this Lease, which short form lease may be recorded by the party wishing to do so. Neither party shall record the Lease in its entirety. 34. Headings The paragraph headings used in this Lease are for convenience only and shall not be construed to limit or extend the meaning of any part of this Lease. 35. Entire Agreement This Lease constitutes the entire agreement between the parties and supersedes all prior agreements and understandings between the parties with respect to the subject matter of this Lease. 36. Successors and Assigns This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 37. Amendment No amendment of this Lease shall be valid or of any effect unless made in writing and signed by the party or parties to be bound. 38. Severable Provisions Each provision of this Lease is intended to be severable. If any provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Lease. 39. Minnesota Law This Lease shall be construed and enforced in accordance with the laws of the State of Minnesota. - 13 - IN WITNESS WHEREOF, the parties have hereunto set their hands effective the year and date first above written. LESSOR: LESSEE: CITY OF EXCELSIOR COORDINATING COMMITTEE FOR SOUTH LAKE MINNETONKA PUBLIC SAFETY By By Mayor Chairman And By City Manager CONSENT TO LEASE Each of the undersigned parties to the Joint Powers Agreement consents to this Lease and agrees to be governed by the terms of this Lease affecting any rights or obligations of the parties to the Joint Powers Agreement. CITY OF EXCELSIOR CITY OF GREENWOOD By Mayor And By City Manager CITY OF SHOREWOOD By Mayor And By Clerk By Mayor And By Clerk CITY OF TONKA BAY By Mayor And By Clerk - 14 - 0 0 EXHIBIT A Joint Powers Agreement EXHIBIT B LEGAL DESCRIPTION (to be provided) • • MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 22 FEBRUARY 1990 RE: MINNETONKA PORTABLE DREDGING - C.U.P. FILE NO.: 405 (89.08) MPD has asked that the City approve a revised parking lot plan for their C.U.P. (see Exhibit A). They propose to access the parking lot from the west end of the building, due to the City's requirement that the lot and access drive must be paved. The driveway in its previous location would have been subject to damage by track type vehicles working around the barge launch rails. It is recommended that - this revision be approved. Some of the legal requirements of the C.U.P. have yet to be resolved (i.e. access across the H.C.R.R.A. r.o.w.). It is therefore recommended that their current permit be extended to 14 May 1990. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton Cliff Reep James Robin A Residential Community on Lake Minnetonka's South Shore 14 FD. I LAKE : MINNETONKA I�lEEL;SEAWALL - *OjUTLET STRUCTU 9311 60 ' PEW PYC 1.5% - I BARGE I LAUNCH RAILS �) i 6'6- 12. .CONCREJE CURB 6.. PuL INV. 1 532-51 930.65 PARKING STOPS w ANCHORED WITH �33ix STEEL PINS INTO PAVEMENT 6" PVC INV 932 .i OFFICE 9334 933 i X 933.0 x AND ? SHOP 5'SETBACK 4RKING IMPROVEMENTS NORTH M1 NETONKA PORTABLE DREDGING 0�5 10 20 x93 - PARKING LOTACCESS RUNOFF ONE YR -IOM IN. _ Q = C.I.A. - . C -.95-- .BLACKTOP I= 34" RAINFALL IA = 0.12 ,ACRES Q = Q39 CFS SKIMMER DESIGN 34" ONE YR. FOR 0.29 CFS V= Q/A Q =0.39 CFS A = 0.5'X3' (W L) V =.39/ 1.5 V= 0.260K, LESS THAN CL FPS #41 February 15, 1990 Minnetonka Portable Dredging FEB 15 1990 500 West Lake Street Excelsior, MN 55331 Brad Neilson City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Revised parking plan and drainage improvements. Dear Mr Neilson: Enclosed is a copy of the revised parking layout as we discussed yesterday. The previous plan has been submitted to and approved by the MCWD, a copy of the permit approval is enclosed. I will also forward a new plan to the MCWD, if they deternine that the minor increase in pavement warrants an additional review. Respectfully Submitted, Clifford Reep Minnetonka Portable Dredging fxkL r) AlrJA ED MIPJPJEHAHA CREEK WATERSHED DISTRICT P.O. Box 387,'Wayzata, Minnesota 55391 BOARD OF MANAGERS: James R. Spensley, Pres. * Albert L. Lehman - John E. Thomas Richard R. Miller 9 Robert 0. Erickson - C. Woodrow Love - Clarkson Lindley L 1, Permit Application No. 89-203 December 26, 1989 Owner: Minnetonka Portable Dredging Co. 500 West Lake Street Excelsior, MN 55331 Location: City of Shorewood, Sec. 34BB, Gideon Bay, Lake Minnetonka Purpose: Stormwater management plan for the construction of a 10-stall parking lot. Dear Mr. Niccum: At the regularly scheduled December 21, 1989 meeting of the Board of Managers, the subject permit application was reviewed along with the following exhibits: 1. Permit Application No. 89-203 received December 8, 1989. 2. Site plan prepared by Minnetonka Portable Dredging received December 8, 1989. 3. Revised site plan prepared by Minnetonka Portable Dredging received December 19, 1989. The Board approved the permit application with the following condition: 1. The owner has the responsibility to operate and maintain the approved stormwater management facilities which were designed in accordance with Rule B of the Rules. This document is your permit from the 14CWD. It is valid for one (1) year. If construction is not complete within one (1) year, an extension must be requested. Please contact the District at 473-4224 when the project is about to commence so an inspector may view the work in progress. JAMES M. MONTGOMERY, CONSULTING ENGINEERS cc: Engineers for the District 7b/l/ Jam s . P.E. 12 -:-iZ-,q2 Date of Issue AIEHSHED 8JUNE)ANY *4 LAKE MINNETONKA Board L. Smith City of Shorewood b;4 C MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 22 FEBRUARY 1990 RE: RENTAL HOUSING CODE - SECOND DRAFT FILE NO.: 405 (CHAPTER 1004) The second draft of the proposed Rental Housing Code has been forwarded to you under separate cover. Hopefully, all modifications suggested by the Council and City Attorney have been incorporated therein. At Monday night's meeting we need to discuss whether the Council will conduct a public hearing or whether the Planning Commission should. In order to publicize the hearing as much as possible, the following is suggested: a. headline in the next newsletter (scheduled for late March) b. legal notice in official newspaper C. news release in official newspaper d. individual notice to all known rental owners and occupants Based on these suggestions the Council may wish to consider the following dates: -- if Council holds the hearing: 16 April or 30 April -- if Planning Commission holds the hearing: 17 April If the Council determines that the Planning Commission should conduct the hearing, you may wish to make it a joint meeting of Council and Commission so that all may benefit from public testimony. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton Joe Pazandak A Residential Community on Lake Minnetonka's South Shore /58.3. MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 22 FEBRUARY 1990 RE: RENTAL HOUSING CODE - SECOND DRAFT FILE NO.: 405 (CHAPTER 1004) The second draft of the proposed Rental Housing Code has been forwarded to you under separate cover. Hopefully, all modifications suggested by the Council and City Attorney have been incorporated therein. At Monday night's meeting we need to discuss whether the Council will conduct a public hearing or whether the Planning Commission should. In order to publicize the hearing as much as possible, the following is suggested: a. headline in the next newsletter (scheduled for late March) b. legal notice in official newspaper C. news release in official newspaper d. individual notice to all known rental owners and occupants Based on these suggestions the Council may wish to consider the following dates: -- if Council holds the hearing: 16 April or 30 April -- if Planning Commission holds the hearing: 17 April If the Council determines that the Planning Commission should conduct the hearing, you may wish to make it a joint meeting of Council and Commission so that all may benefit from public testimony. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton Joe Pazandak A Residential Community on Lake Minnetonka's South Shore /58.3. MEMORANDUM CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 20 FEBRUARY 1990 RE: FINAMART - SOIL POLLUTION STATUS REPORT FILE NO.: 40S (88.13) This is to inform you that the ventilation system for the underground soil vault is now in place. Unfortunately, we were forced to ask the owner to shut down the system last week due to unacceptable noise levels from the vent stack. The pollution control company which is handling the operation and maintenance of the system is exploring solutions to this problem. The MNPCA has apparently begun to release Petrofund money to reimburse the owner for work done to -date. The system must be operating in order for the owner to receive full reimbursement. The MNPCA has also required that the owner install shallow test wells to monitor groundwater pollution. Three of these wells must be located downstream of their site on City property. The attached forms must be signed by the City to authorize the location of the test wells. If you have any questions relative to this matter, please contact my office prior to Monday night's meeting. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton A Residential Community on Lake Minnetonka's South Shore l4j6q 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 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 20 FEBRUARY 1990 RE: FINAMART - SOIL POLLUTION STATUS REPORT FILE NO.: 40S (88.13) This is to inform you that the ventilation system for the underground soil vault is now in place. Unfortunately, we were forced to ask the owner to shut down the system last week due to unacceptable noise levels from the vent stack. The pollution control company which is handling the operation and maintenance of the system is exploring solutions to this problem. The MNPCA has apparently begun to release Petrofund money to reimburse the owner for work done to -date. The system must be operating in order for the owner to receive full reimbursement. The MNPCA has also required that the owner install shallow test wells to monitor groundwater pollution. Three of these wells must be located downstream of their site on City property. The attached forms must be signed by the City to authorize the location of the test wells. If you have any questions relative to this matter, please contact my office prior to Monday night's meeting. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton A Residential Community on Lake Minnetonka's South Shore l4j6q .4041�' 0 N U�A�I Environmental David A. Eastling Larry D. Youngstedt 11500 West 47th Street Hopkins, MN 55345 S.B. Cummings President J.E. Findley Chief Executive Officer D.D. Vieau Executive Vice President February 16, 1990 RE: CONTRACT BETWEEN PROPERTY OWNER AND WE OWNER Dear Sirs: Effective January 1, 1990, the Minnesota Department of Health (MDH) requires a Monitoring Well Permit Application including a contract between the property owner and the monitoring well owner if the property owner and monitoring well owned are different. Prior to submitting an application to install an additional monitoring well on the City of Shorewood property, as requested by the Minnesota Pollution Control Agency, a contract between YES and the City of Shorewood will be required. Item 7 on the enclosed MDH Monitoring Well Permit Application form describes the issues that must be addressed in the contract. We will complete the other items contained in the application and will then submit the application to you, or the City of Shorewood for the well on city property, for signature. We are informing you of the contract requirements so that a contract between the YES Partnership and the City of Shorewood can be prepared to expedite the application process. If you have any questions please contact us. Sincerely, r L NOVA ENVIRONMENTAL SERVICES, INC. 2 VU David J. Koubsky Hydrogeologist Group Manager DJK:ab an equal opportunity employer Suite 420 Hazeltine Gates 1107 Hazeltine Boulevard Chaska, MN 55318 612/448 -9393 FAX 448 -9572 ` MINNESOTA DEPARTMENT Ur rIt-ALIN . MONITORING WELL PERMIT APPLICATION o ASL A $50 per well permit fee musT ll accom . any this application. Make check or money order payable to the Minnesota State Treasurer. Mail completed application and fee to the Minnesota Department of Health (MDH), Well Management Unit, P.O. Box 59040, Minneapolis, Minnesota 55459 -0040, ATTN: Permits. The fee for monitoring wells used as leak detection devices at petroleum bulk storage sites or single motor fuel outlets is $50 per site. List additional unique well numbers on a separate sheet including any additional information required in Nos. 5 and 6 below. ❑ Check box if application is for a site. Wells owned by State or local governments are exempt from the permit fee. The permit application must be filed and approved. Check box if owned by State or local government. 1. CONTRACTOR INFORMATION Business name Unique Well No. Business address Registration or license number Contact person Phone No. 2. WELL OWNER INFORMATION Well owner name Well owner address Contact person Phone No. 3. PROPERTY OWNER INFORMATION if different from well owner (if completed, see No. 7 below) Property owner name 4. Property owner address LEGAL DESCRIPTION OF WELL LOCATION COUNTY and complete A, B, or C below. A. Township Name Township Renqs Secdon Fracdon Number N Number E Number v. /. /. or 3 or W B. Street address t C. Sketch (attach map showing well location including distance from nearest road intersection) 5. ANTICIPATED WELL DEPTH 6. ❑ If the well is constructed through a CONFINING LAYER, check the box and submit the following information to the MDH: well diameter, grout material, drilling method, grouting method, casing materials, cross - sectional diagram of well, and cross - section of anticipated geologic formations. 7. IF THE WELL OWNER IS NOT THE PROPERTY OWNER, Minnesota Statutes, Chapter 1031, require that "A person may not construct a monitoring well until the owner of the. property on which the well is located and the well owner sign a written contract that describes: the nature of the work, estimates of the cost of the work, and provisions for sealing the monitoring well." Verification of the executed contract must be provided to the MDH prior to permit approval. ❑ I certify that such a contract exists. ❑ Well owner and property owner are the same. I certify that all the information provided in this application is true and complete. I understand that misstatement of facts may result in forfeiture of all rights to licensure /registration as a well contractor /monitoring well contractor in accordance with Minnesota Statutes, Chapter 1031. Contractor Signature Owner Signature (or All variance requests must be accompanied by a permit application. 0 0 Monitoring Well Contract Property Owner: City of Shorewood 5755 Country Club Rd Well Owner: Y.E.S. Partnership C/O David Eastling 11500 West 47th St. Hopkins, MN 55343 Nature of Work: Installation of ground water monitoring wells on the city of shorewood property as required by the Minnesota Pollution Control Agency (MPCA). Estimated Cost: The estimated cost of installing these wells is $4000.00 each. Well Abandonment: The YES partnership will be responsible for proper abandonment of the monitoring wells when no longer needed for this investigation. The following are authorized representatives of the property owner and the well owner and agree with the information outlined in this contract. Well Owner Representative Name � � r• �/iJc' Sl/ ®� Signature�� Date Property Owner Representative Name Signature Date CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: FROM: DATE: SUBJECT: Mayor and City Council Don Zdrazil, Director of Public Works %p February 21, 1990 Light Equipment Operator and Laborer I recommend the hiring of Lawrence Niccum as Light Equipment Operator and Laborer for the City of Shorewood. Mr. Niccum has a good understanding of city operations from taxpayer to Council perspective having served on the Tonka Bay Council for four years. Past work experience includes eight years with a private contractor in the asphalt business and two and one -half years over the counter sales with an auto parts supplier. Mr. Niccum has an excellent attendance record with the previous employer and is acquainted with most of the city staff and equipment. He is stable, reliable and willing to do manual labor with an excellent attitude. He resides in the immediate area making response time brief for emergency call back. Mr. Niccum is able to follow instructions and assume responsibilities and also meets with all of the qualifications. I, therefore, recommend that the starting salary be $9.95 per hour. Thank you for your consideration. A Residential Community on Lake Minnetonka's South Shore 146001 S MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: FROM: DATE: SUBJECT: Mayor and City Council Don Zdrazil, Director of Public Works %p February 21, 1990 Light Equipment Operator and Laborer I recommend the hiring of Lawrence Niccum as Light Equipment Operator and Laborer for the City of Shorewood. Mr. Niccum has a good understanding of city operations from taxpayer to Council perspective having served on the Tonka Bay Council for four years. Past work experience includes eight years with a private contractor in the asphalt business and two and one -half years over the counter sales with an auto parts supplier. Mr. Niccum has an excellent attendance record with the previous employer and is acquainted with most of the city staff and equipment. He is stable, reliable and willing to do manual labor with an excellent attitude. He resides in the immediate area making response time brief for emergency call back. Mr. Niccum is able to follow instructions and assume responsibilities and also meets with all of the qualifications. I, therefore, recommend that the starting salary be $9.95 per hour. Thank you for your consideration. A Residential Community on Lake Minnetonka's South Shore 146001 0 C). C G Municipal Clerlp and Finance OfficersAlnual Conference M rl A ...... A At A ..�,.....0...i— ...�r r ^n Foro�ro f oo is Qi 1(1. ) - � L Tuesday, March 20 Thursday, March 22 The fee for MCFOA members is $100 and 6:00 -7:00 p.m. Registration 9:00 a.m. Data Privacy $110 for nonmembers. To qualify as a 7:00 -8:30 Opening Reception Joel Jamnik member, one must be a current, paid 1030 Refreshment Break member of MCFOA. The fee includes Wednesday, March 21 10:45 Local Aids and Property Tax tuition, course materials, lunches, 8:00 a.m. Registration Reform refreshment breaks, and the Thursday 9:00 Personnel Files: Gordon Folkman banquet. Application should be made on What's Public, What's Private 12.00 Lunch the attached form and mailed to the Robert Hamilton 1:00 p.m. Business Meeting University of Minnesota by March 14, 10:30 Refreshment Break 2:10 Concurrent Sessions 1990. A refund of the registration fee will 10:45 Hiring and Firing (choose one) _:_: be made if written cancellation is received Practices 1: League of Cities Trust by March 16,1990; a $15 service fee will Robert Hamilton Peter Tritz be charged on all cancellations. The Noon Lunch 2. Fair Labor Standards Act University of Minnesota reserves the right 1:00 p.m. Concurrent Workshops (to be announced) to cancel the conference if necessary. If (choose one) 3. Investments you have any special health or mobility 1. New Clerks Orientation Roger DeLap needs, please attach a note to the regisra- Tom Thelen 3:10 Refreshment Break tion form indicating those needs. 2. Tax Increment Financing 3:30 Concurrent Sessions Mary Ippel (choose one) 3. Testing for Drugs and AIDS 1. Recycling in the Workplace Rick Schroeder t t Robert Hamilton 2. Accounting for Cities 2:10 Concurrent Workshop Over 2,500 The conference will be held at Cragun's (choose one) Karl Huber Conference Center, Brainerd. A map to 1. Elections Don Rippentrop the Center will be included in your Marge Christensen 3. Comparable Worth registration acknowledgement. Reserva- 2. Charitable Gambling Hearings lions should be made as soon as possible (to be announced) Joyce Twistol on the enclosed sheet. 3. Computer User Group 4:30 Adjourn Ed Fuller 6:00 Social Hour 3:10 Refreshment Break 7:00 Banquet 3:30 Concurrent Workshops by City Size Friday, March 23 This conference carries la Continuing 1. 0 -1,000 9:00 a.m. Nonverbal Communication: Education Units (CEUs). One CEU is Tom Thelen Perception is Reality defined as 10 contact hours of participa- 2. 1,000 -2,500 Michael Johnson tion in an organized continuing education .,. Glenys Ehlert 10:20 Refreshment Break experience under responsible sponsor - Dave Pederson 10 :40 Leadership with Integrity ship, capable direction, and qualified 3. 2,500 - 10,000 Michael Johnson instruction. Tom Meulebroeck 12 :00 Adjourn Glen Pederson 4:30 Adjourn 5:30 Exhibits Open 2 6:00 Social Hour and Light Buffet Contact: Hosted by Exhibitors Department of Professional Development and Vendors Bev Ringsak (612) 625-6689 Judy Weber (612) 625- 4331. 335 Nolte Center 315 Pillsbury Drive S.E. The University of Minnesota is an equal opportunity educator and employer. Minneapolis, MN 55455 _ Municipal Clerks and Finance Officers Annual Conference oil March 20- 23,1990 Cragun's Conference Center, Brainerd 87 -82 Please print. 01 As MCFOA member, my conference fee is $100. C] an M rl A ...... A At A ..�,.....0...i— ...�r r ^n Foro�ro f oo is Qi 1(1. ) - � L - - . Pagun's Conference Cent* Reservation Form Date Municipal Clerks & Finance Officers Association Feb 20 L: �A Tuesday, March 20 - Friday, March 23,1989 Please reserve by mail with $60.00 deposit per person. Telephone reservations cannot be guaranteed. Lodging Reservation & Rates Your rate for this conference includes 2 or 3 nights room rate, meals are not included, use of the meeting rooms and equipment, and the seasonal recreation options. Fireplace Units: Very spacious rooms with woodburning fireplace, wet bar, balcony overlooking Gull Lake. Located on the corridor system. Pool Area Units: Large rooms located on the corridor system at balcony or pool level, overlooking the pool. ( * ** The pool area will be open until 2:00am) Cottage Units: Comfortable sleeping rooms not located on the corridor system. Rates listed are a per room rate for either single or double occupancy. Day Visitors I require no lodging, but will attend meetings the following day(s): (Rate per person:$4.88 for /meeting room useage) Special Requests Handicapped _ Vendor Other: Dietary Speaker Mea Options Two Night Rates Fireplace $125.07 Pool Area $125.07(Pool open 'til 2:00am) Cottage $116.61 Three Night Rates Fireplace $187.61 Pool Area $187.61(Pool open'ti12:00am) Cottage $174.91 Please note: Room type requests are accomodated on a fast come, first served basis. If the room type you request is not available, you will be placed in the next available type and charged accordingly. I would be interested in having a full breakfast in the dining room on the following days: # Wednesday at a cost of $6.95 # Thursday at a cost of $6.95 # Friday at a cost of $6.95 Sharing Rate The rate for a third person sharing a room with two adults is $9.44 per person per night. Name Home Address City State Zip Day Phone To Share with: Arrival: Departure: IAre you: (Circle appropriate response) Previous Guest Male Female Smoker Non - Smoker Method of Payment: Voucher/Purchase order (Send with form) Check/Cash Credit card (card will be processed): Name as it appears on card: _ Visa Mastercard American Express Card number: * ** *All rates quoted are complete package costs & do include service charge in lieu of any tipping, and state sales tam * * ** Cancellation Policy: If you must cancel your reservation and do so prior to 6pm of your arrival day, you will receive a refund of your deposit. If you cancel after that time, the deposit will be forfeited. Upon check in, you will be responsible for the full time period reserved. Check in time is 5pm and Check out time is 12 noon. Keys will be distributed after your room is cleaned and ready. Guaranteed rooms are cancelled at 8am the day following expected arrival. NOTE: NO PETS ALLOWED ON PROPERTY. (Kennels nearby) Mail Completed form with $ 60.00 deposit per person to: Cragun's Conference Center 2001 Pine Beach Road Brainerd, MN 56401 FAX # 218 - 829 -9188 2181829 -3591 GRP2865/ZO/10/89 Expiration date: 0 C ENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 op To: Hennepin County Cities From: Gerald G. Splinter Date: February 13, 1990 Re: County Board Resolutions on Yard Waste In the last mailing you received, dated February 1, 1990, I indicated we would be meeting as a group sometime after the February 6th Hennepin County Board meeting. Based on the passage of the two enclosed resolutions by the County Board it would not appear to be very productive to meet as a group at the present time. In addition to the County Board's resolutions, I am also enclosing a copy of a letter I sent to Commissioner Jude. The Yard Waste Task Force formed with city and county representatives is no longer functioning. As referenced in the enclosed letter to Commissioner Jude, the possibility exists that a compost site could be made available by a private waste disposal company. The company referred to in the letter is BFI Waste Systems, Inc. and the potential compost site involves an expansion of BFI's Pine Bend Landfill. The earliest we will know whether BFI's compost site is approved will be at the end of February. The BFI site could conceivably accomodate the major portion of yard waste in Hennepin County and would be open to all ha�lers. Yard waste transfer stations would still be needed to make the BFI option work. At least two transfer sites would be needed. The Metropolitan Airports Commission site appears to be a strong possibility to serve southern Hennepin County but a transfer site is still needed to serve the northern cities and possibly a third to serve the central part of the county. Pursuant to one of the County Board Resolutions, county staff is directed to issue RFP's for landspreading and composting yard waste. If the landspreading option is carried out, yard waste transfer sites will still be needed. My office will monitor the progress on the BFI compost site and call keep you informed of any developments on this option. Please contact Tom Bublitz at the Brooklyn Center offices if you ; ba y immediate questions. ise� ui•uaew�mr CITY OF COOKLYN CITY OF RO®KLYN C ENTER 0 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 February 5, 1990 Commissioner Tad Jude A -2400 Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 Dear Tad: On February 5, 1990, I met with a number of city managers from Hennepin County cities. Cities in attendance at the meeting were those which would be potential hosts for a yard waste transfer station to facilitate the 1990 yard waste program. Cities represented at the February 5 meeting were Robbinsdale, Minnetonka, Brooklyn Park, Crystal, Excelsior, St. Louis Park, Hopkins, Wayzata, Bloomington, Plymouth, Golden Valley, New Hope, Eden Prairie, and Brooklyn Center. The focus of the February 5 meeting was to follow through on the cities' commitment, from the yard waste task force, to take the lead in locating yard waste transfer stations. The meeting also addressed the two yard waste resolutions approved at the January 25, 1990, Hennepin County Public Service Committee meeting. Some potentially significant developments have occurred since the January 25, 1990, Public Service Committee meeting. There is now the possibility of a private sector firm accepting the yard wastes from Hennepin County cities. There are a number of issues Which must be resolved before this can become an option. However from a municipal perspective, it has a realistic likelihood of becoming a solution for 1990 yard waste disposal in Hennepin County. Under this option, yard waste transfer stations would Still be needed. I would suggest the cities and County discuss this option using the yard waste task force as the forum for our discussion. With regard to the two resolutions approved by the Public Service Committee on January 25, 1990, the cities represented on the yard waste task force still object to the punitive elements of Resolution 90- 1 -32R1. Ho)�C+t;1.Resolution 90- 1 -31R1 is less q' �1 Commissioner Tad Jude -2- February 5, 1990 objectionable to the cities particularly if the County continues to work cooperatively with cities and maintains flexibility in the specific elements of the 1990 yard waste program, especially in light of the option for private sector involvement in establishing a compost facility. On behalf of the cities represented on the yard waste task force; I am requesting the Hennepin County Board work through the yard waste task force to continue to work out options for yard waste disposal for 1990. Seri erely, rald" Splinter ity JMa�nager cc: Hennepin County City Managers RESOLUTION 90-2 -31RI* f i The following resolution was offered by Commissioner Spartz, seconded by Commissioner Sivanich: i WHEREAS, the County has operated yard waste compost sites the past five y ears and has found that yard waste delivered to compost sites in plastic bags increases composting problems and County handling costs, THEREFORE BE IT RESOLVED, that the County beginning April 1, 1990, will only accept yard waste in bulk form and not in plastic bags; BE IT FURTHER RESOLVED, that no later than March 5, 1990, Hennepin County requests each municipality to identify at least one site within the municipality and issue all required permits for the transfer of yard waste that has,been collected within that municipality and from nearby municipalities; BE IT FURTHER RESOLVEU, that a municipality may satisfy the above requirement by entering into an agreement by March S, 1990, that allows it to deposit its yard waste in another municipality for transfer by the County, or by providing its own composting site; BE IT FURTHER RESOLVED, that the County will each city, by December 31, 1989, a description of the County operation of the yard waste transfer sites so that cities can provide the appropriate permits or suggest alternative operating requirements provided they do not unduly restrict the operation of the transfer site; BE IT FURTHER RESOLVED, that the County will.salect by March 13 several sites distributed throu ghout the County for the transfer of yard waste to the County's compost sites from the sites permitted by the cities; BE IT FURTHER RESOLVED, that any municipality that dues not either identify such a yard waste transfer site within its borders and issue required permits, or enter into an ag reement with another municipality for deposit and transfer of its yard waste shall be responsible for managing its own yard waste; BE IT FURTHER RESOLVEO, that staff is directed to advertise to locate sites for spreading yard waste on agricultural land; and BE IT FURTHER RESOLVED, that the staff is directed to identify potential incentives for cities which host yard wastesites; and BE IT FURTHER RESOLVED, that a contract between the County and a farmer for the landspreading of yard waste will require the farmer to landspreod yard waste at a depth not to exceed three inches 0$ a Condition of the Contract with the County unless the farmer acquires the appropriate permit from the city or, township to exceed that depth; and BE IT FURTHER RESOLVED, that staff is directed to issue the Request for Proposals .for the landspreading and composting of yard waste and disposal of tree waste. .�M Resolution 90- 2 -31RT Continued Page 2 • 00243 Commissioner Spartz offered the following additional resolving clauses, seconded by Cormissioner Jude: BE IT FURTHER RESOLVED, that beginning with the operation of County yardwaste sites in the spring of 1990, Hennepin County will charge a fee not to exceed $50.00 per ton for material delivered to a County- operated site. BE IT FURTHER RESOLVED, that any dates in the resolution, with the exception of the April 1, 1990 date in the first resolving clause, are to be ignored and the Board expects that staff and the municipal governments will respond with all reasonable speed. Chairman Sivanich ruled that the additional clauses would be included as friendly amendments and no objections were voiced, The question was on the adoption of the resolution as amended and there were seven YEAS and no NAYS as follows: COUNTY OF HENNEPIN , BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Jeff Spartz X Randy Johnson X John Keefe X John E. Derus X Tad Jude X Mark Andrew X Sam S. Sivanich, Chairman X RESOLUTION ADOPTED. ATTEST: �� 7)17t�- Gler the Co ty Board *Reference 1989 Resolution No. 89- 961D -R3 FEB 061990 A4 —> A4 I: 1 i RESOLUTION NO. 90 -2 -3281* The following resolution was offered by Commissioner Johnson, seconded by Commissioner Jude: BE IT RESOLVED, that no later than March 15, 1990, Hennepin County requests each municipality to identify one or more sites within the municipality and issue all required permits for the composting of yard waste collected within that municipality; and BE IT FURTHER RESOLVED, that a municipality may satisfy the above request by entering into an agreement that allows deposit and composting of yard waste collected within that municipality in another municipality; and BE IT FURTHER RESOLVED, that any municipality that does not either: (1) identify such a yard waste composting site within its borders and issue required permits; or (2. ) enter into an agreement with another municipality for deposit and composting of its yard waste; or (3) prohibit yard waste collection and require "backyard" composting; shall not be eligible for recycling reimbursement under the county's funding assistance policy, unless the County Board -specifically determines otherwise after a good faith effort; and BE IT FURTHER RESOLVED, that county staff is directed to develop a system whereby municipalities that compost or landspread their own or other cities' yard waste shall receive a rebate of that Hart of the tipping fee surcharge that subsiOizes yard waste composting. The question was on the adoption of the resolution and there were five YEAS and two NAYS as follows! COUNTY OF HENNEPIN ' BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Jeff Spartz X _ Randy Johnson x John Keefe x John E. Derus x - Tad Jude x Mark Andrew x Sam S. Sivanich, Chairman x RESOLUTION ADOPTED. r ATTEST: �cr� er t e unty Boar *Reference 1989 resolution 84 -961R2 A4 —> A4 rJ� F� Minnesota Department of Transportation Metro District -- Golden Valley Office 5801 Duluth Street Golden Valley, Minnesota, 55422 Date: February 12, 1990 Ph. (612) 591 -4606 Mr. Larry Whitacker Citv Administrator 5755 Country Club Road Shorewood, Minnesota 55331 Re: S.P. 2706 -163 (T.H. 7) at C.S.A.H. 19 in Shorewood and Excelsior, Hennepin County Signal Agreement Dear Mr. Whitacker, As you are aware, Mn /DOT has developed plans for channelizing and installing signals at the intersection of T.H. 7 with C.S.A.H. 19 in Shorewood and Excelsior. There were early discussions with the Mn /DOT project manager and representatives from the cities of Shorewood and Excelsior and Hennepin County to work out the cost splits and maintenance responsibilities for the project. The city managers from both Excelsior and Shorewood have since been replaced. We sent an agreement to the city of Excelsior with the terms from our earlier discussions but, because the intersection lies partially in Shorewood and partially in Excelsior and because the present city administrator was not party to those discussions, they declined to accept the agreement unless the city of Shorewood was included in the agreement. Because both city administrators are new, it seems easiest to start from scratch. Therefore, I propose the following terms for an agreement so that the project let and constructed. Construction costs Construction of signals at this location is estimated to cost $86,500. This project is anticipated to be funded 90% by federal Hazard Elimination Safety (HES) funds. The remaining 10% will be split 6.67% state and 3.33% Hennepin County. An Equal Opportunity Employer Maintenance The cities of Shorewood and Excelsior will be equally responsible for maintaining the luminaires, relamping the traffic control signals and street lights, and cleaning and painting the traffic signal and control equipment after their initial installation. Mn /DOT is responsible for all other traffic control signal and street light maintenance. Electrical , Power The cities of Excelsior and Shorewood will be equally responsible for extending power to the intersection and paying the ongoing power costs. The city of Excelsior objected to paying for the extension of the power to the intersection. Mn /DOT policy is that this be a city expense and has installed all past signals under this policy, I cannot change this policy. However, there is power available in the immediate vicinity so this cost will be minimal. We must have a single city responsible for the administration of the power costs and ensuring that non -state maintenance, such as relamping, is done in a timely manner. They, in turn will bill the other city for half of the expenses incurred; this will be spelled out in the agreement. The city of Excelsior originally agreed to perform this function. Because their business district is closer to this intersection, I am asking that they agree to take on this task. Please let me know as soon as possible if these terms are agreeable to you. I will then prepare a four -party agreement specifying these terms for approval by the cities of Excelsior and Shorewood, Hennepin County and the state. This project is being delayed until this agreement is executed among the parties involved. If agreement can be reached within the next few weeks the project can still be constructed this summer for opening in the fall of the year. If you have any questions or comments, please call me or Joel Katz, the district traffic engineer (Ph. 591- 4605). Sincerely, / l < Charles J. H hk, P.E. District Signal and Lighting Engineer cc: J. S. Katz file An Equal Opportunity Employer MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: The City Council FR: Larry Whittaker DT: Feb. 22, 1990 RE: ADMINISTRATOR'S REPORT (Feb. 26, 1990, Meeting; Item 14. D. 1. Spring Clean -up: Yes, it's that time again. The first weekend in May has become the traditional time for this; so, I recommend we set it up now and start planning for it. Please have your suggestions ready for me. Thanks! 2. Clerk's Conference: Please review the enclosed Agenda for the conference. I think the conference would benefit both Sandy and Sue - and recommend the City send them. In the budget, we eliminated the International Conference but provided for $650 for the State and the Advanced Workshop. No Advanced workshop has been scheduled; so, I think the City would benefit by having Sue and Sandy get all of the Clerk's updates and having a chance to discuss our challenges with their peers. 3. Temporary Employee - With Wendy leaving for maternity leave, we would like to keep Virginia Smith on full -time. When Patti returns, Ginny will move from planning to finance - to assist Al with the audit, payroll, utility billing and general accounting. She has worked in the Department before - and will be a real asset. 4. Composting: Please review the letter from Jerry Splinter,Brooklyn Park. That's it in a nutshell. Actually, it more like a pea soup. I think, however, we are now in the position where we need to proceed with the study of the public works site so that we can be ready to offer a transfer station - or handle our own composting. We still have no parameters for composting sites (what size is needed, environ- mental concerns, service area - all of which the County was to provide by Dec. 31, 1989); so, it's difficult to "grant a permit" and "provide a site ". But, from all accounts I have received, the public works site we are considering would be adequate and useable. If the Council agrees, we could indicate to the County that we are willing to "volunteer" a TRANSFER station, should the land purchase be completed. 5. Traffic Signal - I am waiting for Mn /DOT to tell me the costs of this project - and maintenance. They have not returned my calls, yet. 6. LOGO , Council Chambers - Mr. Hunter is making the oak letter. A Residential Community on Lake Minnetonka's South Shore ) ID a CHECK APPROVOISTING FOR FEBRUARY 26, 1990 &CIL MEETING CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE FEBRUARY 13, 1990 3841 VOID $ 3842 (G) DEPT. OF NATURAL RESOURCES WATER USE PERMITS 64.00 3843 (L) RYAN PROPERTIES, INC. FEBRUARY RENT FOR STORE 2 1,922.58 3844 (L) HARRY NIEMELA FEBRUARY RENT FOR STORE 1 1,292.00 3845 (G) PUBLIC EMPLOYEES RETIREMENT PREMIUMS FOR JANUARY 1990 27.00 3846 (G) LIGHTLY EPICUREAN PARK COMMISSION MEETING DINNER 38.25 3847 (G) BRADLEY J. NIELSEN PARKING, GRAPHIC MATERIAL, PHONE CALL 62.55 3848 (L) ADVANCE LIGHTING, INC. BULBS, BALASTS AND LABOR 238.03 3849 (L) BELLBOY CORPORATION LIQUOR PURCHASES 2,142.15 3850 (L) GRIGGS, COOPER AND CO. LIQUOR /WINE /MISC. PURCHASES 2,977.38 3851 (L) JOHNSON BROTHERS LIQUOR CO. LIQUOR /WINE PURCHASES 3,302.41 3852 (L) MARK VII DISTRIBUTORS, INC. BEER PURCHASES 6,597.50 3853 (L) MINNESOTA BAR SUPPLY, INC. SUPPLIES /MISC. PURCHASES 282.56 3854 (L) ED PHILLIPS AND SONS LIQUOR /WINE PURCHASES 1,683.07 3855 (L) QUALITY WINE AND SPIRITS CO. WINE PURCHASES 561.99 3856 (G) SUSAN NICCUM REIMBURSE -CITY HALL SUPPLIES 16.,69 PARK COMMISSION DINNER 3857 (G) TODD LATTERNER REIMBURSE- MILEAGE -PARKS 6.36 3858 (G) JOSEPH PAZANDAK REIMBURSE- MILEAGE- HEALTH CARE SEC. 125 100.84 3859 (G) AFSCME LOCAL #224 UNION DUES PAYROLL DEDUCTIONS loo. _810 3860 (G) CITY COUNTY CREDIT UNION CREDIT UNION PAYROLL DEDUCTIONS 45.00 3861 (G) CHILD SUPPORT ENFORCEMENT CHILD SUPPORT PAYROLL DEDUCTIONS 165.00 3862 (G) ICMA RETIREMENT TRUST ICMA PAYROLL DEDUCTIONS 543.46 3863 (G) PUBLIC EMPLOYEES RETIREMENT PERA PAYROLL DEDUCTIONS 1,519.50 3864 (G) COMMISSIONER OF REVENUE STATE TAX WITHHOLDING 913.77 3865 (G) THE BANK EXCELSIOR FEDERAL /FICA /MEDICARE WITHHOLDING 5,146.97 3866 (L) COMMISSIONER OF REVENUE JANUARY 1990 SALES TAX 6,791.00 3867 (G) BRADLEY J. NIELSEN DEPENDENT CARE REIMBURSEMENT 140.00 TOTAL GENERAL 8,890.19 TOTAL LIQUOR 27,790.67 TOTAL CHECKS ISSUED 36,680.86 - 1 - I �o CHECK NO. GHECK APPROO LISTING FOR FEBRUARY 26, 19900MCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL 3868 ASPEN EQUIPMENT CO. JACKHAMMER AND ASPHALT CUTTER $ 785.00 3869 ASSOC. OF METRO MUNICIPAL AMM BREAKFAST MEETING 5.00 3870 BOYER FORD TRUCK GASKETS FOR DUMP TRUCKS 8.68 3871 BOYUM EQIUPMENT, INC. STREET SWEEPER PARTS 116.41 3872 COMMERS CONDITIONED WATER WATER COOLER RENTAL 22.50 3873 ROLF E. A. ERICKSON ASSESSING FEE FOR FEBRUARY & SUPPLIES 2,559.40 3874 GELCO SPACE WARMING HOUSE RENTAL -MANOR PARK 185.00 3875 HENNEPIN COUNTY TREASURER POSTAGE 10.20 3876 IBM CORPORATION MAINTENANCE AGREEMENT 51.46 3877 LAHASS CORPORATION HOIST PARTS 133.84 3878 H.C. MAYER & SONS, INC. DIESEL FUEL PURCHASE 768.58 3879 METRO. AREA MANAGEMENT ASSOC MAMA MEETING LUNCH 11.00 3880 METROPOLITAN WASTE CONTROL SEWER SERVICES FOR MARCH 22,793.64 3881 MINNEGASCO, INC. UTILITIES 848.68 3882 MINNESOTA POWER CENTER ASSY GOVERNOR & PARTS-WATER TRUCK 74.65 3883 MN SUBURBAN PUBLICATIONS PUBLISHING 23.01 3884 NORTHERN STATES POWER UTILITIES 1,191.58 3885 ORR SCHELEN MAYERON & ASSOC JANUARY ENGINEERING FEES 5,630.54 SEWER 105.19 GENERAL 1,788.01 GENERAL & DEV 3,511.21 S E AREA 226.13 3886 POWER SYSTEMS SEAL KIT & MOTOR- SANDER MOTORS 37.50 3887 SHOREWOOD TREE SERVICE BRUSH HAULING 935.00 3888 SO. LAKE MTKA. PUBLIC SAFETY MARCH 1990 BUDGET 29,512.50 3889 STAR TRIBUNE PUBLISHING 406.50 3890 TIERNEY BROTHERS, INC. LETTERING MACHINE & SUPPLIES 1,028.49 3891 CITY OF TONKA BAY LIFT 2 - EXPENSES AND REPAIRS 305.12 3892 WASTE MANAGEMENT - SAVAGE WASTE REMOVAL 191.00 TOTAL CHECKS FOR APPROVAL 67,635.28 TOTAL CHECK APPROVAL LIST 104,316.14 - 2 - CHECK APPRO *ISTING FOR FEBRUARY 26, 1990 1*NCIL MEETING CHECK NO. TO WHOM ISSUED HOURS AMOUNT PAYROLL REGISTER FOR FEBRUARY 14, 1990 PAYROLL 203764 - 203810 VOID $ 203811 LEONARD WATTEN COUNCIL 147.82 203812 JANICE HAUGEN MAYOR 178.50 203813 BARBARA BRANCEL COUNCIL 147.82 203814 ROBERT GAGNE, JR. COUNCIL 150.00 203815 KRISTI STOVER COUNCIL 150.00 203816 LAURENCE WHITTAKER 80 REG HOURS 1,040.73 203817 SANDRA KENNELLY 80 REG HOURS 756.14 203818 SUSAN NICCUM 80 REG HOURS 599.60 203819 ANNE LATTER 80 REG HOURS 529.87 203820 ALAN ROLEK 80 REG HOURS 929.19 203821 WENDY DAVIS 80 REG HOURS 571.62 203822 BRADLEY NIELSEN 80 REG HOURS 836.46 203823 VIRGINIA SMITH 80 REG HOURS 585.39 203824 JOSEPH PAZANDAK 80 REG HOURS 814.07 203825 CHARLES DAVIS 83.50 REG HOURS - 1.5 O.T. 465.25 203826 DENNIS JOHNSON 84 REG HOURS - 4 O.T. 743.66 203827 DANIEL RANDALL 84.50 REG HOURS - 4.5 O.T. 756.04 203828 HOWARD STARK 80 REG HOURS 562.46 203829 RALPH WEHLE 84 REG HOURS - 4 O.T. 609.,35 203830 DONALD ZDRAZIL 80 REG HOURS 1,004.45 203831 JOSEPH LUGOWSKI 87 REG HOURS - 5 O.T. 772.07 203832 MARTEY JAKEL 18 REG HOURS 97.56 203833 BRIAN JAKEL 25.75 REG HOURS 135.72 203834 TODD LATTERNER 52.50 REG HOURS 270.16 203835 NICK FIEDLER 8.75 REG HOURS 43.12 203836 JON BRONSTAD 26.50 REG HOURS 112.19 203837 JEFF DETOFFOL 16.50 REG HOURS 73.41 203838 JASON LESMEISTER 56.75 REG HOURS 279.64 203839 JONATHAN STEWART 40.50 REG HOURS 199.56 203840 ERIC CHILES 44 REG HOURS r80.05 203841 RUSSELL MARRON 8 REG HOURS 44.94 203842 CHRISTOPHER SCHMID 80 REG HOURS 430.0.5 203843 BRIAN JAKEL 30.50 REG HOURS 148.88 203844 MARK KARSTEN 42 REG HOURS 195.25 203845 WILLIAM JOSEPHSON 80 REG HOURS 598.00 203846 SUSAN LATTERNER 36 REG HOURS 161.69 203847 DEAN YOUNG 80 REG HOURS 551.76 203848 SCOTT BENNYHOFF 20 REG HOURS 96.93 203849 SCOTT BARTLETT 34 REG HOURS 170.90 203850 MICHEAL FONTAINE 37 REG HOURS 175.09 203851 JOHN JOSEPHSON 16 REG HOURS 86.72 203852 KELLY MICHELSON 21 REG HOURS 94.13 203853 KEVIN FOSS 19 REG HOURS 97.37 203854 JOHN FRUTH 11 REG HOURS 49.95 203855 NOEL NICHOLS 23.50 REG HOURS 96.01 TOTAL GENERAL 13,741.90 TOTAL LIQUOR 2,997.67 TOTAL PAYROLL 16,739.57 - 3 - PROVAL LISTING FOR FEBRUARY 0 1990 CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT -- CHECKS ISSUED SINCE JANUARY 19, 1990 3696 (G) CITY COUNTY CREDIT UNION 3697 (G) ICMA RETIREMENT TRUST 3698 (G) PUBLIC EMPLOYEES RETIREMENT 3699 (G) COMMISSIONER OF REVENUE 3700 (G) THE BANK EXCELSIOR 3701 (G) BEST BUY 3702 (G) U.S_ POSTMASTER 3703 (G &L) COMMISSIONER OF REVENUE 3704 (L) BELLBOY CORPORATION 3705 (L) FLAHERTY'S HAPPY TYME CO. 3706 (L) FRONTIER ELECTRIC COMPANY 3707 (L) GRIGGS, COOPER & COMPANY 3708 (L) JOHNSON BROTHERS LIQUOR CO. 3709 (L) MINNEGASCO, INC. 3710 (L) MN SUBURBAN PUBLICATIONS 3711 (L) MN VICTORIA OIL COMPANY 3712 (L) NORTHERN STATES POWER 3713 (L) ED PHILLIPS AND SONS 3714 (L) POGREBA DISTRIBUTING, INC. 3715 (L) QUALITY WINE & SPIRITS CO. 3716 (L) SHOREWOOD OIL BURNER SERV. 3717 (L) U.S. WEST COMMUNICATIONS 3718 (L) WASTE MANAGEMENT SAVAGE 3719 (G) VISU- SERVICE CLEAN & SEAL 3720 (L) INTERNAL REVENUE SERVICE 3721 (L) INTERNAL REVENUE SERVICE 3722 (L) BELLBOY CORPORATION 3723 (L) GTE DIRECTORIES 3724 (L) GRIGGS, COOPER & COMPANY 3725 (L) HONEYWELL PROTECTION SERV. 3726 (L) JOHNSON BROTHERS LIQUOR CO. 3727 (L) MINNEGASCO, INC. 3,'28 (L) NATL GUARDIAN SECURITY SERV. 3729 (.L) ED PHILLIPS AND SONS 3730 (L) QUALITY WINE & SPIRITS CO. 3731 (L) U.S. WEST COMMUNICATIONS 3732 (G) CITY COUNTY CREDIT UNION 3733 (G) CHILD SUPPORT ENFORCEMENT 3734 (G) ICMA RETIREMENT TRUST 3735 (G) COMMISSIONER OF REVENUE 3736 (G) THE BANK EXCELSIOR 3737 (G) PUBLIC EMPLOYEES RETIREMENT 3738 (G) PUBLIC EMPLOYEES RETIREMENT 3739 (G) PETTY CASH 3740 (G) PATRICIA HELGESEN 3741 (G) BRADLEY NIELSEN (CONTINUED ON NEXT PAGE) PAYROLL DEDUCTIONS S 45.00 PAYROLL DEDUCTIONS 493.46 PAYROLL DEDUCTIONS 1,546.92 PAYROLL DEDUCTIONS 876.02 FEDERAL, FICA, MEDICARE DEDUCTIONS 5,044.19 PURCHASE TELEVISION & VCR /CITY HALL 709.98 POSTAGE FOR NEWSLETTER 296.21 DECEMBER 1989 SALES TAX 11,268.03 LIQUOR PURCHASES 1,897.77 MISC. PURCHASES 275.90 REPLACE BALLAST IN COOLER -REP & MAINT 151.50 LIQUOR /WINE /MISC. PURCHASES 5,046.72 WINE /MISC. PURCHASES 966.13 UTILITIES 41.08 ADVERTISING 217.60 UTILITIES 157.50 UTILITIES 202.36 LIQUOR /WINE /MISC. PURCHASES 793.08 BEER /MISC. PURCHASES 1,251.75 LIQUOR /WINE PURCHASES 418.59 MAINT. AND REPAIR OF FURNACE 62:50 UTILITIES 57.56 UTILITIES 107.06 PAYMENT VOUCHER NO. 2- PROJECT #89 -2 14,833.48 FICA FOR WM. JOSEPHSON- JAN. -APR 1989 831.86 FICA FOR WM. JOSEPHSON- JULY -DEC. 1988 1,351.78 LIQUOR PURCHASES 1,591.3c ADVERTISING 46.40 LIQUOR /WINE PURCHASES 3,009.63 SECURITY SYSTEM FOR 2/1/90- 4/30/90 75.00 LIQUOR /WINE PURCHASES 1,263.81 UTILITIES 111.00 SECURITY SYSTEM FOR 2/1/90- 4/30/90 257.5 LIQUOR /WINE PURCHASES 1,220.53 LIQUOR /WINE /MISC. PURCHASES 802.83 UTILITIES /ADVERTISING 129.16 PAYROLL DEDUCTIONS 4000 PAYROLL DEDUCTIONS 165.00 PAYROLL DEDUCTIONS 543.46 PAYROLL DEDUCTIONS 1,028.75 FEDERAL, FICA, MEDICATE DEDUCTIONS 5,799.6 PAYROLL DEDUCTIONS 1,674.2£ PERA FOR WM JOSEPHSON RETRO PAY 82.5C 1/1/89- 7/1/89 VACUUM BAGS /PARKING /MEDICAL SUPPLIES 37.5 DEPENDENT CARE REIMBURSEMENT 285.00 DEPENDENT CARE REIMBURSE /MILEASE /PARKING 217.72 -1- PROVAL LISTING FOR FEBRUARY 9 1990 CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE JANUARY 19, 1990 CONTINUED 3742 (G) MEDCENTERS HEALTH PLAN FEBRUARY 1990 EMPLOYEE HEALTH INS. $ 435.80 3743 (G &L) PHYSICIANS HEALTH PLAN FEBRUARY 1990 EMPLOYEE HEALTH INS. 3,772.00 3744 (G) GROUP HEALTH, INC. FEBRUARY 1990 EMPLOYEE HEALTH INS. 290.67 3745 (G &L) LMCIT INSURANCE TRUST FEBRUARY 1990 EMPLOYEE DENTAL INS. 362.94 3746 (G &L) MINNESOTA MUTUAL LIFE FEBRUARY 1990 EMPLOYEE ACC. /SICKNESS 108.00 3747 (G &L) COMMERCIAL LIFE INSURANCE FEBRUARY 1990 EMPLOYEE LIFE INS. 34.2.0 3748 (G) CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS• 5.00 3749 (L) AIR REFRIGERATION COOLER REPAIR AND MAINTENANCE 147.00 3750 (G) UNIVERSITY OF MINNESOTA TREE INSPECTOR CERTIFICATION WORKSHOP 40.00 3751 (L) BELLBOY CORPORATION LIQUOR /WINE PURCHASES 1,945.26 3752 (L) BOYD HOUSER CANDY & TOCACCO CIGARETTES /SUPPLIES PURCHASES 1,472.72 3753 (L) DAY DISTRIBUTING CO. BEER /POP /SUPPLY PURCHASES 3,467.47 3754 (L) EAST SIDE BEVERAGE COMPANY BEER /POP PURCHASES 5,951.35 3755 (L) FRANCK'S TRUCKING LIQUOR /WINE PURCHASES 277.20 3756 (L) GRIGGS, COOPER & COMPANY LIQUOR /POP /WINE PURCHASES 1,920.08 3757 (L) JOHNSON BROTHERS LIQUOR CO. LIQUOR /WINE PURCHASES 929.61 3758 (L) NORTH STAR ICE POP PURCHASES 94,50 3759 (L) NORTHERN STATES POWER UTILITIES 265.91 3760 (L) ED PHILLIPS & SONS WINE PURCHASES 107.10 3761 (L) POGREBA DISTRIBUTING, INC. BEER /POP PURCHASES 1,443.,45 3762 (L) QUALITY WINE & SPIRITS CO. LIQUOR /WINE PURCHASES 606:20 3763 (L) THORPE DISTRIBUTING CO. BEER PURCHASES 13,866.00 3764 (L) WEEKLY NEWS, INC. ADVERTISING 94.00 3765 (G) U. S. POSTMASTER POSTAGE /SE AREA WATER TREATMENT SURVE 27.07 TOTAL GENERAL 38,422.27 TOTAL LIQUOR 66,566.45 TOTAL CHECKS ISSUED 104,988.72 -2- CHEI&PPROVAL LISTING FOR FEBRUARY . 1990 CHECK NO. TO WHOM ISSUED CHECKS FOR COUNCIL APPROVAL PURPOSE AMOUNT 3766 A -1 MINNETONKA RENTAL AIRHOSE RENTAL $ 3.00 3767 A T & T UTILITIES 37.45 3768 ABEL HEATING MAINT. /FURNACE OF WARMING HOUSE 49.24 3769 ACRD, MINNESOTA OFFICE SUPPLIES 379.90 3770 AIRSIGNAL, INC. BEEPER CHARGE FOR FEBRUARY 9.00 3771 AMERICAN LINEN COMPANY LAUNDRY SERVICES FOR PW AND CITY HALL 391.80 3772 AMERICAN NATIONAL BANK INT. DUE ON GO WATER REVENUE 9/1/80 3,562.50 3773 EARL ANDERSON & ASSOCIATES STREET SIGNS 159.60 3774 BRYAN ROCK CLEAN FILL FOR WATER LINE BREAK 27.96 3775 C.H. CARPENTER LUMBER WOOD FOR PUBLIC WORKS 2.10 _3776 CITY OF CHANHASSEN ANIMAL CONTROL FOR DECEMBER 680.00 3777 CHANHASSEN LAWN & SPORTS CHAIN SAW PARTS 120.90 3778 CHASKA PARTS SERVICE AUTO PARTS 67.44 3779 BROWNING- FERRIS INDUSTRIES SATELLITES FOR PARKS 100.00 3780 COMMUNICATIONS WORLD PHONE MAINTENANCE AGREEMENT 270.00 3781 CROSSTOWN, OCS COFFEE PURCHASE 125.00 3782 CURTIS ELECTRONICS WIRING OF FAX 73.00 3783 DIAL TONE SERVICES TAPE, PHONE & INSTALLATION 111.95 3784 HAROLD DIRCKS TAPING OF COUNCIL MEETINGS 80.00 3785 DUO CLEAN TECHNOLOGIES, INC. CLEANING SUPPLIES 8.16 3786 EARL W. DAY & SONS, INC. INSTALL SINK AND REPAIR DRAIN -PW 280.`47 3787 FROBERG & PENBERTHY JANUARY ATTORNEY FEES 5,513.75 3788 GELCO SPACE MANOR WARMING HOUSE RENTAL 680.00 3789 G- RIFFCO, INC. GREASE AND PENETRATING OIL 124.48 3790 HENNEPIN COUNTY TREASURER PRISONER EXPENSE FOR DECEMBER 1989 593.00 3791 HENNEPIN CTY. PUBLIC RECORDS RECORDS FROM HENNEPIN COUNTY 20.00 3792 HANCE HARDWARE, INC. VARIOUS HARDWARE SUPPLIES 45.76 3793 INTERNATIONAL OFFICE SYSTEMS PURCHASE OF CANON FAX 222 1,360.00 3794 INTL INSTITUTE OF MUN.CLERKS ANNUAL MEMBERSHIP -SANDY AND SUE 90.00 3795 LEGAL COURIER SERVICE COURIER SERVICE -IRON REMOVAL STUDY PROP. 53.00 3796 LONG LAKE FORD TRACTOR,INC. MAINT. OF EQUIPMENT -RELAY SWITCH .37.16 3797 LMCIT ADDITIONAL W.C. DUES FOR 1988 -1989 2,674.00 3798 DRIVER & VEHICLE SERV. DIV. BI- ANNUAL VEHICLE LICENSES FOR PW 148.50' 3799 MINNETONKA PUBLIC SCHOOLS COPIER PAPER 124.82 3800 MINNEGASCO, INC. HEATING FOR WATER PUMPHOUSE 156.56 3801 MUNITECH, INC. FEBRUARY 1990 CONTRACT FEES 4,917.00 3802 MINNESOTA U.C. FUND UNEMPLOYMENT COMP FOR J. MAJERES 15:455 3803 M -V GAS COMPANY NATURAL GAS FOR WARMING HOUSE 258.00 3804 METROPOLITAN WASTE CONTROL JANUARY 1990 SAC CHARGES 5,321.25 3805 MARQUETTE BANK, MPLS. MANUAL FEE AND TRANSFER FEE 336.25 3806 H.C. MAYER & SONS, INC. REGULAR GASOLINE 1,042.46 3807 JOHN MELDAHL- CRAD -MEL ENT. PRESSURE WATER PARTS 23.50 3808 METRO AREA MANAGEMENT ASSOC. 1990 MAMMA MEMBERSHIP DUES 15.00 3809 METRO AREA MANAGEMENT ASSOC. JANUARY 24, MAMA MEETING 10.00 3810 MN GOVT. FINANCE OFFICERS 1990 MFGOA MEMBERSHIP DUES 15.00 (CONTINUED ON NEXT PAGE) -3 CHOAPPROVAL LISTING FOR FEBRUARY 0 1990 CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT - CHECKS FOR COUNCIL APPROVAL CONTINUED 3811 MN SUBURBAN PUBLICATIONS 3812 MUELLER AND SONS, INC. 3813 NAVARRE TRUE VALUE 3814 NORTHERN STATES POWER 3815 NORTHERN STATES POWER 3816 JOSEPH PAZANDAK 3817 PEPSI COLA COMPANY 3818 PIKE'S BUILDING MAINTENANCE 3819 POWER SYSTEMS 3820 RMS ROAD MACHINERY 3821 RED WING'S MOBIL SERVICE 3822 SHOREWOOD TREE SERVICE 3823 SMITH OFFICE EQUIPMENT 3824 CITY OF TONKA BAY 3825 TONKA AUTO & BODY SUPPLY 3826 TONKA PRINTING COMPANY 3827 U. S. WEST COMMUNICATIONS 3828 VICTORIA REPAIR 3829 VIRCHOW, KRAUSE & COMPANY 3830 WASTE MANAGEMENT 3831 WATER PRODUCTS COMPANY 3832 WASTE MANAGEMENT 3833 WEST HENN. HUMAN SERVICES 3834 WITT FINANCIAL 3835 WOODLAKE SANITARY LANDFILL 3836 X -ERGON 3837 YOUNGSTEDT'S, INC. 3838 ZIEGLER, INC. 3839 COMMUNITY SERVICES, NHCC 3840 ORR, SCHELEN, MAYERON PUBLISHING $ FILL SAND -WATER LINE BREAK PUBLIC WORKS SUPPLIES UTILITIES UTILITIES JANUARY MILEAGE POP MACHINE RENTAL JANITORIAL SERVICES SEAL KITS FOR SANDER MOTORS HOSE, CLAMPS AND ADAPTOR FIRE REPAIRS HAUL BRUSH MAINT. CONTRACT - COMPUTER EQUIPMENT 4TH QUARTER 1989 SEWER AND WATER PUBLIC WORKS SUPPLIES WINDOW ENVELOPES & RECYCLING NEWSLETTER UTILITIES TRUCK PARTS W -2 UPDATE RECYCLING SERVICES PARTS FOR REPAIR OF WATER LINE WASTE REMOVAL 1990 CONTRIBUTION FINANCIAL SERVICES DUMPING FOR SHOREWOOD SHOPPING CENTER WELDING RODS GASOLINE PURCHASES PUBLIC WORKS- SWITCH 2- WORKSHOP SEMINARS -WENDY DAVIS ENGINEERING FEES 1 GENERAL 361.13 SEWER 414.56 PARK IMPROVEMENT 9,418.62 TOTAL CHECKS FOR APPROVAL 54,679.17 TOTAL CHECK APPROVAL LIST 159,667.89 -4- PROVAL LISTING FOR FEBRUARY 0 1990 CHECK NO. TO WHOM ISSUED HOURS AMOUNT - PAYROLL REGISTER"FOR JANUARY 31, 1990 PAYROLL 203723 VOID $ 203724 LAURENCE WHITTAKER 80 REG HOURS 1,040.73 203725 SANDRA KENNELLY 80 REG HOURS 756.14 203726 SUSAN NICCU 80 REG HOURS 599.60 203727 ANNE LATTER 80 REG HOURS 529.87 203728 ALAN ROLEK 80 REG HOURS 929.19 203729 WENDY DAVIS 80 REG HOURS 571.62 203730 BRADLEY NIELSEN 80 REG HOURS 836.46 203731 PATRICIA HELGESEN 67.13 REG HOURS 443.02 203732 VIRGINIA SMITH 73 REG HOURS 536.53 203733 JOSEPH PAZANDAK 80 REG HOURS 814.07 203734 CHARLES DAVIS 84.50 REG HOURS - 4.50 O.T. 484.59 203735 DENNIS JOHNSON 80 REG HOURS 694.09 203736 DANIEL RANDALL 82 REG HOURS - 2 O.T. 726.19 203737 HOWARD STARK 86.50 REG HOURS - 4.50 O.T. 630.10 203738 RALPH WEHLE 86.50 REG HOURS - 4.50 O.T. 630.95 203739 DONALD ZDRAZIL 80 REG HOURS 1,004..44 203740 JOSEPH LUGOWSKI 80 REG HOURS 696.48 203741 MARTEY JAKEL 53 REG HOURS 251.93 203742 BRIAN JAKEL 37 REG HOURS 1133•.69 203743 TODD LATTERNER 56.75 REG HOURS 289.93 203744 JEFF DETOFFOL 55 REG HOURS 222.70 203745 JASON LESMEISTER 47 REG HOURS 231.59 203746 JONATHAN STEWART 52 REG HOURS 256.23 203747 ERIC CHILES 16 REG HOURS 71.48 203748 RUSSELL MARRON 32 REG HOURS 168.49 203749 CHRISTOPHER SCHMID 80 REG HOURS 430.05 203750 BRIAN JAKEL 25 REG HOURS 126.69 203751 MARK KARSTEN 52.50 REG HOURS 237.59 203752 WILLIAM JOSEPHSON 80 REG HOURS - RETRO PAY 7/1/89 1,323.16 TO 1/13/90 203753 SUSAN LATTERNER 36 REG HOURS 1 203754 DEAN YOUNG 80 REG HOURS 551.76 203755 SCOTT BENNYHOFF 12 REG HOURS 58.16 203756 SCOTT BARTLETT 30 REG HOURS 153.84 203757 MICHEAL FONTAINE 45 REG HOURS 207.35 203758 JOHN JOSEPHSON 51 REG HOURS 244. -55 203759 KELLY MICHELSON 16 REG HOURS 68.38 203760 KEVIN FOSS 18 REG HOURS 84.26 203761 JOHN FRUTH 15 REG HOURS 64.69 203762 VOID 203763 WILLIAM JOSEPHSON RETRO PAY 1/1/89 TO 6/30/89 758.26 TOTAL GENERAL 13,431.62 TOTAL LIQUOR 4,638.92 TOTAL PAYROLL 18,070.54 -5-