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102488 CC Reg AgP a:, .~ '" -. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCTOBER 24, 1988 AGENDA ROLL CALL A. Pledge of Allegiance B. Roll Call 1. APPROVAL OF MINUTES COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Gagne Brancel Mayor Rascop Haugen Stover t'1'.;;;O ~ A. Regular Council Meeting - october 11, 1988 (Att.No.lA-Minutes) B.. Special Council Meeting - October 4 , 1988 County Road 19-Glen Road Drainage (Att.No.lB-Minutes) C. Special Council Meeting -October 12,1988 Finance Director Interviews 2 . MATTERS FROM THE FLOOR A. ^(JfJ- B. 3. COMMISSION REPORTS A. Planning Conunission B. Park Comnlission 4. CONSENT AGENDA A. Acceptance of. Improvements: R~~i1nJ /31 Addition-Street Rf)Sn, IA -r7 o-J I 3 Improvement .~ 1. Chestnut Ridge at Near Mountain 9th Improvement 2 MGKin1ey Place 2nd Addition-Street -1- . .. '" , COUNCIL AGENDA MONDAY, OCTOBER 24, 1988 PAGE 2 4. CONSENT AGENDA-Continued 3. ~ (XM.Tltni MCKinley Place 3rd Addition-Street Improvement ~OUA-r1f51i Sweetwater at Near Mountain-2nd Addition-Sanitary Watermain and Storm Sewer ,0\j 4. lY\.l sewer B. Acceptance of Insurance (Att. NO ..4A-Requests) J9 -- OLM.-Tf hi\~5Y Proposal .. ~ ~ . (Att.No.4B-Memo) C. Finalize Finance Director Hiring (Att.No.4C-Staff Report) f!!..esOvlA"f1 0 Aj \~l Appointrnent.of General Election Judges (Att.No.4D-List of Judges) D. Moved . Seconded Vote 5. FINAL PLAT-TRACY ADDITION ~ \)~ Applicant: Jim Bruce for Ron Tracy Location: 5610 Covington Road (Att.NO.5A-Staff Report, 5B~Engineer Report) 6. REQUEST FOR REZONING.- KUEMPEL CHIME Applicant: Mrs. Audry McGregor Location: 21195 Minnetonka Blvd (Att.No.6-Staff Report) 7. MOVING PERMIT.DISCUSSION - Leo Meloche Location: 26120 Birch Bluff Road 8. STAFF REPORTS A. Attorneys Report 1. 2. B. Engineers Report A. Status Report-Shady Island Bridge B. Status of Temporary Pump House Building and Sale of Structure -2- ... , . .. . . COUNCIL AGENDA MONDAY, OCTOBER 24, 1988 PAGE 3 8. STAFF REPORTS~Continued C. Planners Report A. B. D. Administrative Reports A. Discuss Compensatory Time for Salaried Employees B. 9. COUNCIL REPORTS A. Mayors Report 1. 2. B. Council Report 1. Rental Property-Suggested Code for Inspections 2. 10. APPROVAL OF CLAIMS AND ADJOURNMENT -3- r. · t' e= t ....': ,,," .,,-A --., ~ CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, OCTOBER 11, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUT~ CALL TO. o.RDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Tuesday, o.ctober 11, 1988, in the Council Chambers by Mayor Rascop. PLEDGE o.F ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a prayer. Ro.LL CALL Presen~: Mayor Rascop, Councilmembers Haugen, Stover and Gagne. (Absent: Brancel) Staff: Attorney Froberg, Engineer o.smundson, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPRo.VAL OF MINUTES Gagne moved, S~over seconded, to approve the minutes of the Budget meeting of September 20, 1988, as written. Motion carried - 4 ayes (Brancel absent) Gagne moved, Haugen seconded, to approve the minutes of the Regular Council meeting of September 26, 1988. Motion carried - 4 ayes Brancel absent) Co.MMISSION REPo.RTS Planninq Commission Stover reported that the Planning Commission reviewed items 7-12 on the Council agenda. Stover will report on the Commis- sions recommendation as the Council acts upon the request. A public hearing will be held on November 1, 1988 on gerrymander- ing lot lines. Park Commission Mrs. Clarke, owner of the property at 5075 Suburban Drive, has asked the Park Commission to consider adding a portion of her lot to the Manor Park property. Administrator Vogt felt the water service from Amesbury could be accessed through this lot. Gagne moved, seconded by Haugen to obtain information regarding this request. Motion carried - 4 ayes. -1- //1 r e . ~ MINUTES PAGE 2 TUESDAY, OCTOBER 11, 1988 COMMISSION REPORTS Park Commission - Continued John Arnst requested permission to camp over-night with girl- scouts in Freeman Park. The current Ordinance prohibits over- night camping and fires. Gagne moved, seconded by Stover to approve the request. Motion was denied. 1 aye (Gagne) to 3 nayes. Mayor Rascop suggested the use of near by camp grounds providing over-night facilities. The Southwest Trail Association has offered to groom the trail system for cross country skiing to alow year round accessible use. This would better the chances for a park grant. A request was made for trees to be transplanted from Cathcart Park to Manor Park and Amesbury water extension restoration. They would like two large trees transplanted at each location, a tree spade will cost $75.00 an hour. The cost of transplanting would be divided between the water project fund and the park fund. Stover would like the Park Commission to study over-night camp- ing in the park. CONSENT AGENDA 1989 Animal Control Contract - Midwest Animal Control Resolution No.109-88 A new contract was submitted for approval of the Animal Control contract for 1989 with Midwest Animal Service, Inc. with a 10% increase in cost over the 1988 contract for boarding. 1989 BUdget Approval Resolution No.110-88 The amended budget was submitted for final acceptance for 1989. All alterations and amendments have been included in the final draft. The 1989 budget is a 3.4% increase over the 1988 budget. Payment Voucher-Freeman Park-Project No.87-5 Engineer Norton recommended approval of the 4th and final payment voucher for Freeman Park-Project 87-5 in the amount of $257.00 to Widmer Inc. Payment Voucher-S.E. Area Water Tower-Project No.86-1D Engineer Norton recommended approval of the 7th payment voucher for the S.E. Area Water Tower-Project 86-1D in the amount of $14,858.78 to CBI Na-Con, Inc. -2- r ~ . MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 3 . CONSENT AGENDA-Continued Payment Voucher-Freeman Park-Project No.88-2 Engineer Norton recommended approval of the 2nd payment voucher for the Freeman Park-watermain and surfacing-Project 88-2 in the amount of $29,487.70 to T & S Excavating. Payment Voucher-Sealcoatinq and Overlay-Project No.87-2 Engineer Norton recommended approval of payment voucher 2 and final for Sealcoating and Overlay Project No.87-2 in the amount of $6,749.77 to Munn Blacktop, Inc. Accept Streets-Waterford 2nd Addition Engineer Norton recommended acceptance of the streets with the Waterford 2nd addition plat subject to receipt of a one year maintenance bond. Gagne moved, seconded by Haugen to approve the listed items on the consent agenda as requested including resolution as needed. Motion carried by Roll Call Vote - 4 ayes. METROPOLITAN WASTE COMMISSION - Lift Station Construction Metro Waste representatives in the areas of community organizing site controller and the project engineer were present to respond to the Council's concerns on the Lake virginia Lift Station site. Mr. Fred Stenborg, site controller, reviewed a site plan and addressed the three main areas of concern; noise, odor and aesthetics of the site. He felt their failure to completely explain their construction plans may have caused the misunderstanding that now exists. He re- viewed the project procedures and time schedules. Council discussed complaints of 4:00 a.m. work start ups, noise, odor, mispresentation of project and unhealthy conditions on the site. Mr. Stenborg stated that noise tests will be done and complied with as well as odor control systems installed and contractors will be instructed to begin working no earlier than 7:00 a.m. Mayor Rascop questioned sealing of the wet well at night, ventilation and site fencing. Council asked about additional sewer capacity after the interceptors are completed. Mr. Odde's office will have to determine the total capacity received. Mr. Stenborg asked to be notified of any additional complaints or questions. -3- r MINUTES - TUESD', OCTOBER 11, 1988 PAGE 4 . PUBLIC HEARING Property elean-Up The public hearing for the 1988 property clean-up certification was opened by Mayor Rascop at 8:05p.m. for public comment. Administrator Vogt submitted two parcels for certification in the amounts of $139.00 and $4,214.35. RESOLUTION NO.III-88 Mr. Larry Bader owner of the property on Riveria Lane stated that he received his notice of certification last Thursday, that stated that the hearing was held on September 12. Administrator Vogt stated that the date was in error, notice was sent to the last known address on record. Attorney Froberg did not feel the date error effected the certificati0n, he also' stated" that the original notice of clean-up was sent last December. Mr. Bader stated that Mr. Clapp was the owner in December and he regained ownership on June 30th, he has discussed the ownership with Attorney Froberg but no deeds were filed so no change of owner- ship could be found. Administrator Vogt notified Mr. Clapp, Bader and Miller Mortgage of the unhealthy conditions of the property and the clean-up needed. At that time, no one would accept responsibility for the property. The City took on the property clean-up after the certified letter was sent out. Mr. Bader stated that he was not the owner of Outlot D at the time of the clean-up. The major problem was caused by squatters on the property. He would like the assessment divided between the two lots. Attorney Froberg stated that a notice of redemp- tion showsLarry Dean Bader as the property owner. Mr. Clapp's deed was not filed so the city had no way of knowing of any other owner. Cost removal records were not separated, but treated as one lot. Mr. Bader has a purchase agreement on this property as does Mr. Clapp. This assessment will be paid off at closing but he would like it divided on the two parcels so that the total cost will not come out of his proceedings alone. He felt Attorney Froberg was aware of the ownership situation. The Council did not feel they could determine a separation of costs. Mayor Rascop closed the public hearing after receiving no further comments at 8:50 p.m. Delinquent Sewer Service The public hearing was opened by Mayor Rascop at 9:10 p.m. Clerk Kennelly submitted a list of delinquent sewer service charges in the amount of $21,657. After calling for and receiving no public comments the Mayor closed the hearing at 9:13 p.m. Delinquent Water Service The public hearing was opened by Mayor Rascop at 9:14 p.m. Clerk Kennelly submitted a list of delinquent water service charges in the amount of $2,846.93. Q,&I~,_c c.,'x, ~ Zt (--tJ ~ ~~-<-- \,L.; a <2- c-<-r V ~ -r~ LCj~ jk..-' U~ V</ t;...~~\lI'~ ~ ~C<--'f"'c" ~~ p- "- LL ~ / '7 t 9. ( .A-';' r, I . . 1.. /). '/ ~ V r>iL. 4/ A~, 7} ~Wl ,..-y-" &.J-....1.-..v.tfl ~ ~ . (I . . MINUTES - TUESDAY, OCTOBER II, 1988 PAGE 5 SETBACK VARIANCE-5060 SUBURBAN DRIVE RESOLUTION NO.112-88 Denis Tierney requested a clarification of "undue hardship". He was disappointed in the cOInIl1issions cli:niar, of- his r-equest", due- to - their interpretation of undue hardship. Haugen and Stover feel the topography could be a hardship. There is a drainage flow and ponding area on this lot. The Planning Commission and planner recommended _ denial. The planner did offer an alternative site location. Neighbor Bob Boyer, spoke in favor of the variance and felt it would have no adverse affect on the neighborhood. Stover moved, seconded by Gagne to grant the setback variance due to the hardship of topography and drainage. Motion carried - 4 ayes by Roll Call Vote. PRELIMINARY PLAT APPROVAL-NOEL WOOD 2nd ADDITION RESOLUTION NO.113-88 Mr. James Emmer of 5570 Covington Road was present to request to divide his lot into two irregularly shape lots. Mr. Emmer dis- agreed with the planners comments on drainage and suitable lot width for a building pad. Stover stated that the Planning Commis- sion recommend approval of the division subject to the planners staff recommendation of his September 27, 1988 report. Haugen moved, seconded by Gagne to approve subject to the planners report of September 27, 1988. Motion carried-4 ayes by Roll Call Vote. C.D.P. EXCEED 1000 SQUARE FEET OF ACCESSORY SPACE-27280 ISLAND VIEW ROAD RESOLUTION NO.114-88 John Arnott was present, representing Mr. Robert Hegstrom of 27280 Island View Road, to request for a C.D.P. to add a storage shed that added to his existing accessory space will total 1115 square feet. The Planning Commission approved the request as did the Planner in his report of September 29, 1988. Haugen moved, seconded by Gagne to grant a C.U.P. permit as re- quested. Motion carried-4 ayes by Roll Call Vote. DENIAL OF VARIANCE-4505 ENCHANTED LANE RESOLUTION NO.115-88 Mr. Allen Kramer of 4505 Enchanted Lane has requested a setback variance and a variance to expand a non conforming structure for an expansion he has done to his boathouse. He apologized for the misunderstanding of not obtaining a building permit for his re- modeling of his boathouse. He put pilings in last year to prevent the structure from falling down. -5- . . MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 6 DENIAL OF VARIANCE-4505 ENCHANTED LANE-Continued RESOLUTION NO.115-88 Planner Nielsen felt that the addition to the boathouse should be removed including removal of one beam and two piers, the re- maining two piers maybe able to salvage for a dock. Mr. Kramer submitted pictures of his boathouse and others that exist in the same lagoon. The DNR suggested that they would comply with the City's action. Mayor Rascop stated that Mr. Kramer did build without a permit and extended into a protected area. Planning Commission recom- mended that the added structure and pilings be removed. Stover felt the beam should be considered a dock with a wood canopy. Mayor Rascop said that the wood roofing is considered permanent and not temporary like a removable canopy cover also permarient piling requires a permit from the LMCD. Gagne and Stover supported Mr. Kramer's request as it doesn't adversely effect other residents. Haugen had concerns of setting ~ precedence. Mayor Rascop moved, seconded by Haugen to deny both variance re- quests supported by the planners report of September 26, 1988- variance criteria, LMCD code and DNR regulations. Motionca~riea- 4 ayes by Roll Call Vote. Mayor Rascop recommended that Mr. Kramer request permission of the LMCD for two permanent docks and the DNR permit. HOUSE MOVING PERMIT- 26120 BIRCH BLUFF ROAD Mr.. Leo Meloche requested a house moving permit to remove a house and garage from his property at 26120 Birch Bluff Road. Gagne moved, seconded by Stover to grant the moving permit subject to the Engineer's recommendations. Motion carried -4 ayes. SETBACK VARIANCE - 4960 RUSTIC WAY RESOLUTION NO.116-88 Mrs. Janice Toben of 4960 Rustic Way presented her request for a setback variance from the street for a garage. She displayed a site plan with three different locations and reviewed her objections to locations referred to as A & B. They proceeded to clear a site 30 feet from the road instead of 30 feet from the right-of-way as required. Planner Nielsen stated that property stakes were to be verified prior to beginning construction. A survey was done after a stop work order was issued. Toben's stated that the alternate loca- tions would conflict with their well and new retaining wall. -6- MINUTES - TUESjlt, OCTOBER 11, 1988 PAGE 7 . SETBACK VARIANCE-4960 RUSTIC WAY Continued RESOLUTION NO.116-88 Neighbors Peterson, Lund, Hudlow and Baune spoke in favor of the Toben's request. They noted many other structures existing that are much closer to the right-of-way than Toben's request. Rustic Way has a right-of-way of 60 feet which will require a 12 feet variance. Newly platted streets require a so feet width. Haugen moved, seconded by Gagne to grant the variance as requested, hardship being topography' and meetin~ ~n ~uera~e setbagk looatiefl willI 1:he prupl:.LlX lv the BortR. .Mption carried-by Roll Call Vote-4 aye~ cr~~e~:L~~~i~~8 P.M. ) FINAL PLAT APPROVAL STRAWBERRY FIELDS RESOLUTION NO.117-88 Nanci Strickland-Balogh was present to request final plat approval of Strawberry Fields into one lot and a residue outlot. Gagne moved, seconded by Stover to approve the subdivision subject to receipt of a current title opinion. Motion carried-4 ayes by Roll Call Vote. VACATE ALLEY PORTION OF TIMBER LANE RESOLUTION NO.118-88 Attorney Froberg submitted a resolution for approval of vacating a portion of an alley in the Lawtonka plat near Timber Lane. Haugen moved, seconded by Gagne to adopt the resolution for vacating as submitted. Motion carried-by Roll Call Vote - 4 ayes FINAL PLAT APPROVAL - LAWTONKA RESOLUTION NO.119-88 Joe Boyer was present to request approval of the Lawtonka final plat. Attorney Froberg has r~d~a[l~u a new declaration of cOBvonionce and requested an updated ~~~nion. ~ Haugen moved, seconded by Gagne to approve the final plat subject to the approval of the title opinion. Motion carried by Roll Call Vote- 4 ayes. SIGN PERMIT-MARCUS DEVELOPMENT-2436S SMITHTOWN ROAD Council began the discussion with questions regarding the contamin- ated soil presently piled on the site at 2436SSmithtown Road. Mark Senn explained the PCA approved plan to filter the soil underground through a ventilation syste. The soil would be buried in a liner. Planner Nielsen recommended approval of the proposed wall sign permit tabled until the second facility finalizes their plans for the pylon sign. Haugen moved, seconded by Gagne to grant the sign permit for the building wall sign. Motion carried - 4 ayes. -7- . MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 8 . KEROSENE PUMP REQUEST - MARCUS DEVELOPMENT Mark Senn submitted a new diagram with a suggested location for a kerosene pump. Haugen moved, seconded by Gagne to deny the addition of a kerosene pump. Motion carried to deny - 3 ayes to 1 nay (Rascop) GLEN ROAD/COUNTY ROAD 19 DRAINAGE DISCUSSION Administrator Vogt referred to the meeting held at the Tonka Bay City Hall to discuss the proposed drainage project for the Glen Road/ County Road 19 area. Tonka Bay's engineer stated that his City has choosen alternate two - pipe proposal. Shorewood chose alternate one- including ponding and piping. The MCWD has estimated a $3,500.00 cost to define the drainage area boundary lines, a second boundary would define an entire watershed district. Mayor Rascop moved, seconded by Gagne to have Shorewood's drainage district lines defined only, at a cost not to exceed $500. Motion carried- 4 ayes. Gagne stated that the owners of the properties requiring easement granting arein agreement with the project. The apartment owner is very interested in having a large clear pond. Staff should contact the owner of the shopping center for participation in the project. STAFF REPORTS Attorneys Report Consent Agreement Permiting the Firm of Briggs and Morgan to Represent the City in Litigation 1f...~AttorneY Froberg has received a request from the firm of Briggs an~ Mo~g ~n !/ . ~ (t:., ~ ~_~the Suburban Hennepin Y have asked ~ ~~/ ---that Shorewood and Minnetri on the right to use con- ~J(Y.~~J . flict of interest ~ not represent us properly as a basis 0[y(Y '~or litigat' " t,h~~~~~A~~~1}~J~ n1 agne mo ed, seconded/by Stover 0 accept the a~reement contingent I' on Minnetrista's acceptance. Motion carried - 3 ayes - 1 nay .. .. - . Ifr/'/ (Haugen) by Roll Call Vote. :z:4. ~ ~il '""'- ~ ...c... Boulder Bridge Lawsuit ~~'_ Jj rt"4 _~-"J " e;;;:-' A request has been made for the City to~ an excessive number of documents to their Attorney's for review., ~ i~ eajcQ~;ag to . ip causQg te thQ ~arr. The City will~ be able to introdu e Q..~mBR~S in court that ~...,t furnished to ~t.. ::th-,~ . Resolution No.l20-88 ~~~ Q~ ~ ~n-~~~~~ ~~~~ ~... ......,..., ~ <>-I ~ ~. . ' . . MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 9 STAFF REPORTS- Continued Engineers Report S.E. Area Water Tower The Water Tower went into service this afternoon. The bacteria test was completed and approved. The flushing of lines will be started soon. Shady Island Bridge Repair Residents of Shady Island have expressed their concern that fuel trucks will not be able to service their homes. Admin- istrator Vogt will find oil companies that have smaller trucks to service these homes. Council discussed two options available to quickly supply access, the temporary road, or pilings and H-beam support. Council discussed the time needed for obtaining permits, drawing plans and specifications and advertisement for bids. Gagne moved, seconded by Stover to proceed with the H-beam support repair at an estimated cost of $20,000.00 to $25,000.00 and proceed with a request for funding for future replacement. Motion carried - 3 ayes to 1 nay (Rascop) A request for bids will be advertised for a bid opening schedule the 28th or 29th of October. Staff will apply to the DNR for an emergency permit but will proceed as quickly as possible with the construction regardless of receipt of permit. Amesbury Watermain Restoration The clean up of the area is nearly completed. The Council has agreed to transplant two large trees from Cathcart Park in this area. Gagne moved, seconded by Stover to purchase two additional small trees for planting in this area from the water fund. Motion carried - 4 ayes. Planner Nielsen requested a modification to the plans for the emergency access at Amesbury West. The plan calls for sodding, he is requesting that it be changed to seed because the area is not to be mowed. Gagne moved, seconded by Stover to modify the landscape to include seeding instead of sod. Motion carried - 4 ayes. -9- MINUTES PAGE 10 . TUESDAY, OCTOBER 11, 1988 . , ' STAFF REPORTS- Continued Administrative Report Goose Round-Up Administrator Vogt would like to schedule a public meeting to discuss a possible Spring Goose round-up. He has been asked by residence of Timber Lane, Christmas Lake and En- chanted Island for help with this problem. A Mr. Cooper, from the University of Minnesota has volunteered to attend this meeting to submit information. Mayor Rascop moved, seconded by Gagne to set a public info~:- mation meeting for November 28, 1988. Motion carried. Finance Director Interviews The interview meeting will be held beginning at 6:45 P.M. on October 12, 1988 to hire a Finance Director. COUNCIL REPORTS Meetings Mayor Rascop informed the Council of a meeting to be held, Changing Demographicsand Institute of Internal Audits, which Administrator Vogt will attend. LMCD JoeEllen Hurr, has been appointed chairman of the LMCD, Tom Reese is vice-chair. New committees will be set up to work on the Comprehensive Plan and inter-governmental relations. A primary concern on the treatment of the weed "foil" will be a major concern. He recommended that a sign be posted at the Christmas Lake accesss to tell people to clean their boats and trailers off of weeds prior to launching their boats in an effort to prohibit transfer of this weed to the lake. COUNCIL REPORT Haugen requested that Manor Park pond be cleaned out as long as it is currently dry. Haugen would like Metro Waste Control contacted regarding the re- duction of flow due to the I and I repairs. Residents have expressed concerns over tax dollars being spent for education advancement of City staff. Stover has spoken to Jim Schultz regarding the Comparable Worth study. He stated that the purpose of the study was to determine -10- . ' MINUTES - TUE~Y' OCTOBER 11, 1988 PAGE 11 . COUNCIL REPORT- CONTINUED discrimination and if this was not proved a change in salary plans does not have to be made. He questioned the study done by Labor Relations and he will pursue the study if the Council would like him to. Stover will ask about cost for this service. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Mayor Rascop to adjourn the Regular Council meeting of Tuesday, October 11, 1988 at 12:03 A.M. subject to approval of claims for payment. Motion carried unanimously - 4 ayes. General and Liquor Funds - Acct. No. 00-00166-02 Checks # 053872-053995 $ 267,784.50 Liquor $ 65,264.52 General Payroll Checklist: Checks # 202443-202476 $ 9,661.80 $ 2,991.70 $ 277,446.30 $ 68,256.22 Total RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly City Clerk -11- .... - CHECK NO. 053872 (G) 053873 (L) 053874 053875 (G) 053876 (G) 053877 (L) 053878 (L) 053879 (L) 053880 (L) 053881 (L) 053882 (L) 053883 (L) 053884 (L) 053885 (L) 053886 (L) 053887 (L) 053888 (L) 053889 (L) 053890 (G) 053891 (G) 053892 (L) 053893 (L) 053894 (L) 053895 (L) 053896 (L) 053897 (L) 053898 (L) 053899 (L) 053900 (L) 053901 053902 (L) 053903 (L) 053804 (L) 053905 (L) 053906 (G) 053907 (G) 053908 (G) 053909 (G) 053910 (G) 053911 (G) 053912 (G) . . TO WHOM PAID GENERAL & LIQUOR FUNDS--BILLS PAID SINCE OCTOBER 5, 1988 City of Excelsior Commissioner of Revenue Void Jean Sorensen Commissioner of Revenue Bellboy Corporation East Side Beverage Co. Frank's Trucking G & K Services Griggs, Cooper & Co. Johnson Bros. Liquor Co. Mark VII Distributors,Inc. Minnesota Bar Supply, Inc. North Star Ice Ed Phillips & Sons Co. Quality Wine & Spirits Co. Southwest Suburban Publishing Thorpe Distributing Co. Gopher State One-Call, Inc. Public Employees Retire Bellboy Corporation Griggs, Cooper & Co. Johnson Bros. Liquor Co. Minnesota Bar Supply, Inc. Bellboy Corporation Midwest Coca-Cola Bottling Day Distributing Co. Johnson Bros. Liquor Co. Minnesota Bar Supply, Inc. Void Pepsi-Cola Co. Pogreba Distributing, Inc. Quality Wine & Spirits Russell Marron Albinson Alternative Staffing, Inc. American Linen Supply Ameridata AT & T Associated Asphalt, Inc. Bauer Built, Inc. PURPOSE 1988 Fire Contract September Sales Tax Mileage September Fuel Tax Liquor Purchases Beer Purchases Liquor & Wine Purchases Laundry Liquor & Wine Purchases Liquor & Wine Purchases Beer Purchases Cigarette & Misc. Purchases Misc. Purchases Wine Purchases Wine Purchases Advertising Beer Purchases Initial Fee Additional Life Insurance Liquor Purchases Liquor Purchases Wine Purchases Cigarette & Misc. Purchases Liquor Purchases Pop Purchasea Beer & Misc. Purchases Wine Purchases Cigarette & Misc. Purchases Pop Purchases Beer & Misc. Purchases Liquor Purchases Mileage for September Supplies-Planning & Zoning Temporary Help-Finance Laundry-City Hall & Garage Printer Ribbons-Finance Utilities Redi-Mix Asphalt Repair Tire-Public Works - 1 - AMOUNT $ 16,086.00 7,563.19 10.12 105.26 1,127.69 8,785.10 337.77 40.60 7,413.08 558.42 7,107.00 806.46 338.30 770.40 127.50 119.76 6,973.00 25.00 27.00 678.46 474.07 1,431.30 382.99 2,045.00 429.05 1,723.99 122.66 285.10 211. 80 1,317.15 191. 71 9.90 6.55 762.30 289.54 115 .62 2.84 180.84 30.90 CHECK NO. . . AMOUNT 053913 (G) 053914 (G) 053915 (G) 053916 (G) 053917 (G) 053918 (G) 053919 (G) 053920 (G) 053921 (G) 053992 (G) 053923 (G) 053924 (G) 053925 (G) 053926 (G) 053927 (G) 053928 (G) 053929 (G) 053930 (G) 053931 (G) 053932 (G) 053933 (G) 053934 (G) 053935 (G) 053936 (G) 053937 (G) 053938 (G) 053939 (G) 053940 (G) 053941 (G) 053942 (G) 053943 (G) 053944 (G) 053945 (G) 053946 (G) 053947 (G) 053948 (G) 053949 (G) GENERAL & LIQUOR FUNDS--BILLS PAID SINCE OCTOBER 5, 1988 TO WHOM PAID PURPOSE Bob's Personal Coffee Servo Coffee, Filter, Etc.-City Hall $ Browning-Ferris Industries Chemical Toilets-Parks Business Records Corp. Election Supplies CBI Na-Con, Inc. Construction Pmt. 17- S.E. Area Elevated Water Tank Chaska Parts Service Misc. Parts-Public Works D.R. Copier Service, Inc. Quarterly Contract 6/17/88-9/17/88 Froberg & Penberthy, P.A. September Attorney Fees W.W. Grainger, Inc. Parts-Boulder Bridge & Amesbury Pumphouse Hance Hardware, Inc. Keyblanks-City Hall Jim Hatch Sales Co. Parts-Public Works Hennepin County Treasurer Prisoner Expense for August Hennepin County Treasurer Real Estate Taxes Heinen & Mason, Inc. Purchase Sprinker-P.C.I. IBM Corporation System 36 Training-A.Latter & S. Niccum H.L. Johnson Co. Construction Pmt. 12-Project 88-1 Lano Equipment, Inc. Parts-Public Works League of MN Cities Self-Insured Workers' Comp Premium Insurance Trust Long Lake Ford Tractor Parts-Public Works Midwest Animal Services September Animal Control MTI Distributing Co. Mower Purchase/Parts-Public Works Midwest Asphalt Corp. Black Dirt/Limestone-Streets Minnegasco Utilities Minnetonka Public Schools Copier Paper R.E. Mooney & Assoc, Inc. Sewer Supplies Munitech, Inc. October Water & Sewer Services Munn Blacktop, Inc. Construction Pmt. 12-Project 87-2 N-E-P Corporation Repair Parts-Badger Hockey Rink Northern States Power Utilities Orr-Schelen-Mayeron & Assoc.September Engineering Fees Pepsi Cola Co. October Pop Machine Rent-City Hall Pipeline Supply, Inc. Pressure Release Valves Plant & Flanged Equip. Co. Repair Kit for Air Relief Prentice Hall, Inc. Supervisors Factomatic Book Roto-Rooter Services Co. Pump Lift Station 113 South Lake Minnetonka August Booking Fee Public Safety Minnesota State Treasurer Proposed Discharge for Evelyn Beck State of Minn. Treasurer Fuel Bulk Purchaser License - 2 - 124.80 250.00 60.65 14,858.78 162.90 30.00 3,330.00 24.05 6.00 64.97 183.00 1,763.38 3,300.00 525.00 1,541.57 41.28 15,348.00 131. 28 651. 75 8,860.47 4,322.82 56.53 107.86 133.29 4,175.00 6,749.77 56.74 1,865.77 22,202.14 10.00 145.41 242.36 55.33 733.50 74.95 37.00 10.00 CHECK NO. 053950 (G) 053951 (G) 053952 (G) 053953 (G) 053954 (G) 053955 (G) 053956 (G) 053957 (G) 053958 (G) 053959 (G) 053960 (G) 053961 (G) 053962 953963 (G) 053964 (G) 053965 (G) 053966 (G) 053967 (G) 053968 (G) 053969 (G&L) 053970 (G&L) 053971 (G&L) 053972 (G) 053973 (L) 053974 (G) 053975 (G) 053976 (G) 053977 (G) 053978 (L) 053979 (L) 053980 (L) 053981 (L) 053982 (L) 053983 (L) 053984 (L) 053985 (L) 053986 (G) 053987 (G&L) 053988 (G) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE OCTOBER 5, 1988 TO WHOM PAID PURPOSE AMOUNT Sterline Fence, Inc. Install Chain Link Fence-Manor ParkS Suburban Tire Service, Inc. Repair Tires-Public Works Super Cycle, Inc. Recycling Services for September Tank Re-Nu of Minnesota Repair Gas Tank-Public Works T & S Excavating, Inc. Construction Pmt. 12-Freeman Park Tonka Auto & Body Supply Misc. Parts-Public Works Tonka Printing Co. Office Supplies-General Tri-State Bearing Co. Part-Lift Station 111 U S West Communications Utilities Viking Steel Products, Inc. Repair Parts-Streets Weekly News, Inc. Legal Notices-Gen & Dev Widmer, Inc. Construction Pmt. 14-Freeman Park Void Ziegler, Inc. IIA-Twin Cities Chapter AFSCME Local 1224 City County Credit Union Child Support Enforcement ICMA Retirement Corp. Commissioner of Revenue The Bank Excelsior Public Employees Retire Water Products Company Pogreba Distributing, Inc. Metropolitan Waste Control Reierson Custom Homes Minnesota State Treasurer Tim Ryan Bellboy Corporation Day Distributing Co. Griggs, Cooper & Co. Johnson Bros. Liquor Co. Ed Phillips & Sons Quality Wine & Spirits Co. Paustis & Sons Waste Management-Savage United Way of Mpls. Area Minnesota Mutual Life Cyril Kerber Parts-Public Works Seminar-Dinner Meeting Payroll 10/12/88-Union Dues Payroll lO/l2/88-Credit Union Payroll 10/12/88-Chi1d Support Payroll 10/l2/88-ICMA Payroll 10/l2/88-State Withholding Payroll 10/12/88-FED & FICA Payroll 10/12/88-PERA Pressure Release Valves Beer Purchases SAC Charges Building Permit Fee Refund Building Permit Surcharge Reimbursement-return meter & horn Liquor Purchases Beer & Misc. Purchases Liquor, Wine & Misc. Purchases Liquor & Wine Purchases Wine Purchases Wine Purchases Wine Purchases Waste Removal United Way Contribution from Employees Accident & Sickness Ins.-Nov.l988 Refund-Subdivision/Variance Application Fees - 3 - 1,135.35 60.39 1,560.00 150.00 29,487.70 84.06 10.70 42.20 168.28 226.38 69.64 257.00 336.20 10.00 97.20 112.00 ll.5.00 300.00 727.92 3,957.78 1,235.95 3,505.79 6.60 8,167.50 351.40 4,016.82 75.00 1,663.26 2,037.66 6,196.37 1,228.76 62.16 697.18 88.95 30.00 35.00 118.32 375.00 1 CHECK NO. . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE OCTOBER 5, 1988 TO WHOM PAID PURPOSE AMOUNT 053989 053990 053991 053992 053993 053994 053995 (L) (L) (L) (L) (L) (L) (G) Minnegasco Minnesota Bar Supply, Inc. Northern States Power Royal Crown Beverage Co. Waste Management-Savage The Wine Company Norwest Bank Maintenance Contract Cigarette & Misc. Purchases Utilities Pop Purchases Waste Removal Wine Purchases Sewer Imp. Bond 11-1-71 Total Liquor Total General TOTAL - 4 - $ 25.00 375.29 295.29 132.91 30.00 33.24 102,078.00 65,264.52 267,784.50 333,049.02 ~ ' , . CHECK NO. PAYROLL 202443 202444 (G) 202445 (G) 202446 (G) 202447 (G) 202448 (G) 202449 (G) 202450 (G) 202451 (G) 202452 (G) 202453 (G) 202454 (G) 202455 (G) 202456 (G) 202457 (G) 202458 (G) 202459 (G) 202460 (G) 202461 (G) 202462 (G) 202463 (L) 202464 (L) 202465 (L) 202466 (L) 202467 (L) 202468 (L) 202469 (L) 202470 (L) 202471 (L) 202472 (L) 202473 (L) 202474 (L) 202475 (L) 202476 (L) . . TO WHOM PAID GENERAL & LIQUOR FUNDS--BILLS PAID SINCE OBTOBER 5, 1988 PURPOSE AMOUNT Void Robert Rascop Janice M. Haugen Barbara J. Brance1 Robert L. Gagne, Jr. Kristi Stover Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Anne P. Latter Jean M. Sorensen Bradley J. Nielsen Patricia R. Helgesen Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard V. Stark Ralph A. Weh1e Donald E. Zdrazi1 Joseph P. Lugowski Russell R. Marron Christophe Schmid Donald Tharalson John F. Thompson Michael J. Koebensky Brian D. Jakel Martey W. Jakel William F. Josephson Susan M. Latterner Dean H. Young Scott B. Bennyhoff Scott M. Bartlett James A. She1ledy William F. Rhodes Mayor Council Council Council Council 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 82 Reg Hrs 2 On Call 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 65 Reg Hrs 12 Reg Hrs 20 Reg Hrs 16.50 Reg Hrs 31 Reg Hrs 20 Reg Hrs 80 Reg Hrs 36 Reg Hrs 80 Reg Hrs 24 Reg Hrs 36 Reg Hr~ 5 Reg Hrs 38 Reg Hrs Total Liquor Total General TOTAL Total Liquor Total General TOTAL - 5 - $ 200.00 126.32 147.82 150.00 150.00 1,078.88 749.97 483.30 366.94 547.45 862.30 640.07 402.22 618.82 649.01 542.22 504.27 827.05 615.16 517.55 249.67 63.60 100.00 81.30 145.52 98.55 569.92 154.37 524.15 123.18 165.61 24.64 173.64 2,991.70 9 , 661. 80 12,653.50 68,256.22 277,446.30 345,702.52 ,. . . CITY OF SHOREWOOD SPECIAL COUNCIL MEETING TUESDAY, OCTOBER 4, 1988 TONKA BAY COUNCIL CHAMBERS 4901 MANITOU ROAD 7:00 P.M. MINUTES CALL TO ORDER The Special Council meeting of the Shorewood and Tonka Bay City Council's was called to order at 7:04 P.M., Tuesday, October 4, 1988 in the Tonka Bay Council Chambers by Tonka Bay Mayor Ruth Sherman. ROLL CALL Shorewood: Mayor Rascop, Councilmembers Gagne and Brancel, Attorney Froberg and Administrator Vogt. Tonka Bay: Mayor Sherman, Councilmembers Keller, Niccum, Haug and Ottum, Attorney Penberthy, Engineer Adolph and Administrator McDonald. GLEN ROAD/COUNTY ROAD 19 DRAINAGE PROJECT Kevin Larson of the Minnehaha Creek Watershed District's engineering firm reviewed the scope of the proposed project. The review was similar to that given at the earlier Joint Council meeting held on August 16, 1988. Mayor Rascop explained that Shorewood wishes to pursue Alternative 1 which contemplates using a series of ponds to alleviate the storm water problems. Administrator Vogt explained that the City Engineer has the information necessary to create the legal descriptions for the easements. Upon completion of the legals, the City Attorney will draft and send the easement documents to the affected .property owners. Engineer Adolph indicated that Tonka Bay would prefer Alternative 2 which pipes the water. The cost is approximately $20,000.00 less than Alternative 1. Engineer Adolph also mentioned looking into less than the 100-year storm and the Manitou Park drainage area. Financing alternatives such as Special Assessments and Taxing Districts or a combination thereof were also discussed. -1- !() . MINUTES-SPECIAL COUNCIL MEETING TUESDAY, OCTOBER 4, 1988 PAGE 2 . GLEN ROAD/COUNTY ROAD 19 DRAINAGE PROJECT'- Continued It was agreed that each Council would go back and discuss the additional study area and whether or not to contribute to the cost of preparing the study. ADJOURNMENT By mutual consensus of both City Councils, the Special meeting of Tuesday, October 4, 1988, adjourned at 8~lO P.M. RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Daniel J. Vogt, City Administrator -2- . CITY OF SHOREWOOD SPECIAL COUNCIL MEETING OCTOBER 12, 1988 . CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 6:45 P.M. MINUTES CALL TO ORDER Mayor Rascop called the Special meeting of October 12, 1988 to order at 6:53 P.M. in the City Hall Conference Room for the purpose of interviewing candidates for the position of Finance Director. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Stover, Gagne and Brancel. Staff: Administrator Vogt and Consultant Jim Brimeyer. INTERVIEWS The meeting began with a brief interview training session conduct- ed by Consultant Jim Brimeyer of the executive search firm Sathe and Associates. Interviews began promptly at 7:15 P.M. Five people were interviewed for the position. Each interview was 30 minutes in duration. Interviews concluded at 9:40 P.M. After the interviews, the Council rated each interviewee. Upon con- clusion of Council deliberation, Haugen moved, seconded by Stover to offer the job to a Mr. Alan Rolek after a thorough reference check at a starting salary of $28,000.00 and a bank of 80 hours of sick leave on the first day of employment with reviews in six months and annually starting on approximately January l~ 1990. Motion carried unanimously - 5 ayes. ADJOURNMENT Brancel moved, seconded by Gagne to adjourn the Special Council meeting of Wednesday, October 12, 1988 at 10:07 P.M. Motion carried unanimously - 5 ayes. RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Daniel J. Vogt City Administrator -1- IG . . . O~U =& ~WJ. Associates, Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners October 20, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ATTN: Mr. Dan Vogt Administrator RE: Chestnut Ridge at Near Mountain 9th Addition OSM Comm. #1744.23 Dear Dan: The developer's engineer, Sathre-Bergquist, Inc., has requested the City take over the ownership and maintenance of the street improvements on Near Mountain Boulevard, south of Chestnut Terrace. We have inspected this work and find it to be in conformance with City standards. Therefore, we recommend the City take over the ownership and maintenance of the street, Near Mountain Boulevard, south of Chestnut Terrace. A one year warranty period wi-ll start when the City receives a. ma.intenance bond from the developer. This is in conformance with the requirements stated in the development agreement. A bond from the developer1s contractor is not sufficient. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. d- -f. lJ~ James P. Norton, P.E. City Engineer' cc: Mr. Phil lipka, Resident Inspector Mr. Mike Pflaum, Lundgren Bros. Construction, Inc. Mr. Daniel Blake, Sathre-Bergquist, Inc. /lmt ///1 . . 0\'4 ~~ 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners October 20, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ATTN: Mr. Dan Vogt Administrator RE: Chestnut Ridge at Near Mountain 10th Addition (McKinley Place at Near Mountain 2nd Addition) OSM Comma #1744.23 Dear Dan: The developer's engineer, Sathre-Bergquist, Inc., is requesting the City take over the street for public ownership and maintenance. We have inspected and approved the construct.ion of the street.-Therefore ,we recommend the City take over the ownership and maintenance of the street. A one year guarantee warranting the street against defects will commence as soon as the Ci ty -recei ves a mai ntenance bond from the developer. A bond from the developer's contractor is not in conformance with the development agreement. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. d- f.1J~ James P. Norton, P.E. City Engineer cc: Mr. Phil Tipka, Resident Inspector Mr. Mike Pflaum, Lundgren Bros. Construction, Inc. Mr. Daniel Blake, Sathre-Bergquist, Inc. /lmt ~ . . O\~~~ 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners October 20, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ATTN: Mr. Dan Vogt Administrator RE: McKinley Place at Near Mountain 3rd Addition OSM Comm. #1744.23 Dear Dan: The developer's engineer, Sathre-Bergquist, Inc., is requesting the City take over the street for publ ic ownership and maintenance. We have inspected and approved the construction of the street. Therefore, we recommend the City take over-....:the ownership and maintenance of the street. A one year guarantee warranting the street against defects will commence as soon as the City receives a maintenance bond from the developer. A bond from the developer's contraGtor_js not in conformance with the de~elopment agreement. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~-P,YJ~ James P. Norton, P.E. City Engineer cc: Mr. Phil Tipka, Resident Inspector Mr. Mike Pflaum, Lundgren Bros. Construction, Inc. Mr. Daniel Blake, Sathre-Bergquist, Inc. /lmt · Q~Vl ~~ . 2021 East Hennepin Avenue Minneapolis, MN 55413 6\2-331-8660 FAX 331-3806 Engineers Surveyors Planners October 20, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ATTN: Mr. Dan Vogt Administrator RE: Sweetwater at Near Mountain 2nd Addition OSM Comm. 11744.23 Dear Dan: The developer's engineer, Sathre-Bergquist, Inc., is requesting the City take over the utilities: 1. Sanitary Sewer 2. Watermain 3. Storm Sewer for pub] ic ownership and maintenance. We have inspected and tested these utilities and they have been installed up to city standards. Therefore, we recommend the City take over these utilities. A guarantee warranty period of one year will commence as soon as the City receives a maintenance warranty bond from the developer. A bond from the deve 1 oper' s contractor is not in conformance wi th the development agreement according to a recent decision by the City attorney. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. er- -P. 7/.:::fi;v James P. Norton, P.E. City Engineer cc: Mr. Phil Tipka, Resident Inspector Mr. Mike Pflaum, Lundgren Bros. Construction, Inc. Mr. Robert E. Payette, Sathre-Bergquist, Inc. /lmt .. "-s ~" ... " CJ ~ III . . StJ Ii" <#' ~ o 'II III 5 A T H R E - B ERG Q. U 1ST, INC. 106 SOUTH BROADWAY . WAYZATA. MN.55391 · TELEPHONE 612-476-6000 September 28, 1988 Mr. Dan Vogt CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 RE: CHESTNUT RIDGE AT NEAR MJUNTAIN 9TH ADDITION Lundgren Bros. Construction, Inc. Dear Mr. Vogt: As of September 8, 1988 the remainder of the site improvements at CHESTNUT RIDGE AT NEAR MJUNTAIN 9TH ADDITION have been completed. To the best of our knowledge the work has been completed in general conformance to the plans and specifications for the project. We therefore respectfully request that the City of Shorewood accept the portion of the street improvements on Near Mountain Boulevard, south of Chestnut Terrace for public ownership and maintenance, subject to a guarantee period of one year. The remainder of the street work was accepted by the City in 1987. A bond from the contractor guaranteeing the work is forthcoming. Upon acceptance of the work, we would ask that the developer's financial guarantee be reduced in accordance with the work completed. Please contact our office if you have any questions. Sincerely, SATHRE-BERGQUIST, INC. ~~.J.r-- Daniel A. Blake DAB/elm cc: Mike Pflaum, Lundgren Bros. Construction, Inc. Mr. Jim Norton, Orr-Schelen-Mayeron & Associates, Inc. . . . / " "- 5 ." " CJ ~ III StJ Ii" -#'~ o 'II III SAT H ft E - B ERG QUIST, INC. 106 SOUTH BROADWAY . WAYZATA. MN. 55391 · TELEPHONE 612-476-6000 September 28, 1988 Mr. Dan Vogt CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 RE: CHESTNUT RIDGE AT NEAR M:XJNTAIN 10TH ADDITION (r-ICKINLEY PLACE AT NEAR MJUNTAIN 2ND ADDITION) Lundgren Bros. Construction, Inc. Dear Mr. Vogt: As of September 27, 1988 all of the site improvements at CHESTNUT RIDGE AT NEAR IvK>UNTAIN 10TH ADDITION (MCKINLEY PLACE AT NEAR r-DUNTAIN 2ND ADDITION) have been completed. To the best of our knowledge the work has been completed in general conformance to the plans and specifications for the project. We therefore respectfully request that the City of Shorewood accept the street portion of the improvements for public ownership and maintenance, subject to a guarantee period of one year. A bond from the contractor guaranteeing the work is forthcoming. Upon acceptance of the work, we would ask that the developer's financial guarantee be reduced in accordance with the work completed. Please contact our office if you have any questions. Sincerely, SATHRE-BERGQUIST, INC. ~~ ~cv\<.JL- Daniel A. Blake DAB/elm cc: Mike Pflaum, Lundgren Bros. Construction, Inc. Mr. Jim Norton, Orr-Schelen-Mayeron & Associates, Inc. . . ,,5 ,," . ... (I ~ III s" "" ~ ~ o 1l VI ~, '"-'1-[ t. SAT H R E - B ERG G U 1ST, INC. 106 SOUTH BROADWAY . WAYZATA, MN. 55391 · TELEPHONE 612-476-6000 September 28, 1988 Mr. Dan Vogt CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 RE: MCKINLEY PLACE AT NEAR r-:DUNTAIN 3RD ADDITION Lundgren Bros. Construction, Inc. Dear Mr. Vogt: As of September 8, 1988 all of the site improvements at MCKINLEY PlACE AT NEAR r-:DUNTAIN 3RD ADDITION have been completed. To the best of our knowledge the work has been completed in general confonnance to the plans and specifications for the project. We therefore respectfully request that the Ci ty of Shorewood accept the street portion of the improvements for public ownership and maintenance, subject to a guarantee period of one year. A bond from the contractor guaranteeing the work is forthcoming. Upon acceptance of the work, we would ask that the developer's financial guarantee be reduced in accordance with the work completed. Please contact our office if you have any questions. Sincerely, SATHRE-BERGQUIST, INC. ~~~ Daniel A. Blake DAB/dm cc: Nike Pflaum, Lundgren Bros. Construction, Inc. Mr. Jim Norton, Orr-Schelen-Mayeron & Associates, Inc. ...( '" S ~t. + ... Q ~ III . . ,,/,/1.... l " ~! 'A~.' 1 H R E .. B; ERG G U 1ST, I r~ c. err 2 3 ,)',. !'""'~t) ,. oJ SCI 'II- ~ J. o " VI 106 SOUTH BROADWAY . WAYZATA, MN. 55.391 · TELEPHONE 612-476-6000 September 21, 1988 Hr. Dan Vogt CITY OF SHORE\"OOD 5755 Country Club Road Shorewood, Ninnesota 55331 RE: Sw'EETh'ATER AT N'EAR NOUNTAIN 2ND ADDITION Lundgren Bros. Construction, Inc. Dear Nr. Vogt: As you are probably aware, the site improvements at S\\EETWATER AT NEAR i'1Ol'NIAIN 2N'TI ADDITION have been completed through the first lift of bi turninous, including all si te grading and uti li t:-" work. To the best of our knowledge the work has been completed in general conformance to the plans and specifications for the project. We therefore respectfully request that the City of Shorewood accept the sanitary Sel-1er, watermain and storm sewer portions of the improvements for public ownership and maintenance, subject to a guarantee period of one year. A bond from the contractor guaranteeing the work is enclosed. Upon acceptance of the work, we would ask that the developer's financial guarantee be reduced in accordance wi th the worl{ completed. Please contact our office if you have any question. Sincerely, SATHRE-BERGQUIST, INC. ~{?~ Robert E. Payette, P.E. REP/drn cc: Nike Pflaum, Lunc.ip;ren Bros. Construction, Inc. I"Ir. Jim Norton, Orr-Schelen-Nayeron Associates, Inc. ,.1' . . " Bond No. 0 27 84 71 QfAT ANERlG\N INSURANCE COMMNY MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS that we, G. L. CONTRACTING, INC., MINNETONKA, MINNESOTA as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of MINNESOTA as Surety, are held and firmly bound unto CITY OF SHOREWOOD, MINNESOTA as Obligee, in the sum of ONE HUNDRED THIRTY-NINE THOUSAND, FIVE HUNDRED SEVENTEEN & 12/100 DOLLARS, for the payment whereof weD and tmly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 14th day of September ~ 19 88 WHEREAS the Principal and the Obligee have entered into a written agreement dated the 1st day of February ,19 88 ,for SWEETWATER 2ND ADDN. the terms of which agreement were completed and accepted the ,19 day of ; and WHEREAS the Principal has given a ONE (1) or otherwise against defective materials and workmanship, year maintenance guarantee under said agreement NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply with such guarantee, then this obligation to be void; otherwise it shall remain in full force. PROVIDED that no right of action shall accme on this bond to or for the use of any person or corporation other than the Obligee named herein; and PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the one (1) year maintenance period. NG, INC. Principal B Countersigned: GREAT AMERICAN INSURANCE COMPANY By Resident Agent -~~~ ,/' .. Attomey-in-R t Jack Cedar1eaf II F.9607C - 4/78 Printed In U.s.A. . . . , ACKNOWLEDGMENT OF PRINCIPAL (Individual) STATE OF COUNTY OF. } 55,: On this day of , in the year 19-, before me personally comets) , to me known and known to me to be the person(s) who (is) (are) described in and who executed the foregoing instrument and acknowledge(s) to me that_he_executed the same. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Partnenhip) STATE OF COUNTY OF } ss.: On this day of , in the year 19_, before me personally comets) a member of the co-partnership of to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co-partnership. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF COUNTY OF Minnesota ,Ii' ___'I... ~~ } 55,: On this 14 th day of personally comets) David G. Swanson to me known, who, being by me duly sworn, deposes and says that he resides in the City of that he is the President ofthe G. L. Contracting. Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporati~lld_~hh..ui~ Qj."l~like order, I -. Linda Baar , ~ ~ Ileb" Public - Minnllote Ih!lllllllln County 111 Commission EljIIr.. IIII'. '0, t989 September , in the year 19lH!-, before me ~>' -, ~ .-yy(~/. .' (' ..... ~ .... NOTARY PUBLIC I I /).-/ ACKNOWLEDGMENT OF SURETY STATE OF COUNTY OF Minnesota Ramsey } 55,: On this 14th day of personally comets) Jack Cedar1eaf II Attorney(s)-in-Fact of Great American INsurance Company and who, being by me duly sworn, says that he reside(s) in St. Paul, MN that he is (are) the Attorney(s)-in-Fact of Great American INsurance Company , the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as Attorney(sHn-Fact of the said Company by like order. ~~' ~~~~:~:~~~~~" cA,~1:~ (J/ Ua'7IM1L,' RAMSEY COUNTY , -.. .., Comm. Exp. AIle. 19.1992 NOT ARY PUB LI C ~- September in the year 19~, before me with whom I am personally acquainted, F.9713- 8/81 ~ . c:- ..'~ r tit&\T I\NERlG\N INSURANCE COMMNY The number of persons authorized by this power of attorney is not more than SEVEN . No. 0 14395 POWER OF A TIORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and aU bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed'under this authority shan not exceed the limit stated below. Name Address Umit of Power D. R. oot1GHER1Y JD.t.1Y G. CEDARLFAF ALL OF ALL IN;K CEJ::lARLEAF R.J. I.ARSEN ST. PAUL, MINNESOl'A UNLIMITED IN;K CEJ::lARLEAF, II E. rANGE: amISTINE M. HANSEN ST. PAUL, MINNESOl'A $2,000,000 This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above 0 IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21st day of September ,19 87 Attest GREAT AMERICAN INSURANCE COMPANY ,/ STATE OF OHIO. COUNTY OF HAMILTON - ss: On this 21st day of September, 1987 . before me personally appeared ROBERT M. SCHUDER, to me known. being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company. the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. . This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20. 1979. \ '''- " iil:,-.s....?!.. fED: ThIlt the President, the several Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is th 0 d ~ :-- ~ ",' "0 .'." -" ,- '-'- 0____,__ <' - .... -~ .. ""'_iP.,~" 1:',-: " ,:. ~l"" -''', _:- "E',.,II' "i' ,,,~ r,)..."""v "~Sllrf'tv anv anti all "" onze, Jrom tIme 10 time, to appomt oY.e vr i1lOt.,,,..,,",_-:,..,,'".'.lh-,::ICt tu l:;...eUnt' ''-'. 1i."U,) .;,'r.n~ """'..-:p""'TT""""'~"~~7-',"-"--":::':':... bonds, undertakings and contracts of suretyship, or other written obligations in the nIlture thereof; to prescribe their respective duties iI1Id the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: ThIlt the Company seal and the signllture of any of the aforesaid officers milY be affIXed by facsimile to any power of attomey or certifICate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nIlture thereof, such signature and seal when so used being hereby adopted by the Company as the originlll siplrture of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect III though milnually affixed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of the Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 14th day of September ,19 88 +, M . . . MAYOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Counci1members FROM, Dan Vogt JfjI DATE: October 14, 1988 SUBJECT: Insurance Renewal Attached you will find insurance renewal information received from our insurance agent, Ken Jarcho. As can be seen, overall rates have actually dropped. As is normally practice, various insurance vendors were looked at to try to reduce premiums. Again, North Star Risk Services through the League of Minnesota Cities Insurance Trust is our best insurance purchase. Due to the favorable rates and coverages, approval of the November 1, 1988 - November 1, 1989 insurance renewal is recommended as follows: League of Minnesota Cities Insurance Trust Package Policy Business Auto Policy Umbrella Workers Compensation United Fire & Casualty Blanket Bond Transcontinental Insurance Company Liquor Liability $30,068.00 4,642.00 10,345.00 15,348.00 673.00 7,969.50 Total Insurance Renewal $69,045_50 A few items are worth noting relative to the insurance renewal. -If all things would have remained equal to the 1987/1988 quote, the rate reduction would have been approximately $5,000. Due to increases in values of vehicles, equipment, salaries and buildings, the 1988/1989 rate is constant with the previous year. Also, coverage for inverse condemnation is included in the premium which is new. Limited pollution coverage is not recommended. -It would be possible to save $62.50 in liquor liability insurance by changing carriers. However, this is not recommended due to the fact that the carrier has a lower rating and the City has a good track record with the current carrier. Also, the savings are so minimal that it A Residential Community on Lake Minnetonka's South Shore LIb . Memo to Mayor and Counci1members Insurance Renewal Page 2 . doesn't seem to be worth changing carriers. -You will notice that two quotes were received for umbrella liability coverage in the amounts of $1,000,000.00 and $2,000,000. I have discussed this matter with Attorney Froberg and we agree to stay with $1,000,000.00 as proposed. This item appears on the consent agenda of the October 24, 1988 Council meeting for action. Please contact me prior to the meeting if you have any questions. DJV/a1 cc: Finance Department Ken Jarcho Attachments -2- . . CITY OF SHOREWOOD INSURANCE PROPOSAL EFFECTIVE DATE November 1, 1988 COVERAGE AMOUNT Property $ 7,776.00 Inland Marine 1,517.00 General Liability 16,004.00 Errors and Omissions 4,146.00 Automobile Liability 2,608.00 Uninsured & Under insured Motorists 117 .00 Crime 1,843.00 225.00 Automobile Physical Damage Inverse Condemnation 400.00 Misc. Equipment on Autos 74.00 TOTAL $34,710.00* *Additional Premiuim to Add Limited Pollution - $560.00 Umbrella Liability - $1,000,000. Liability Limit - $10,345.00 $2,000,000. Liability Limit - $15,517.00 *Special Exclusions (In Addition to Standard Exclusions) Child Molestation, Pollution, Inverse Condemnation, Liquor Liability We are attaching copies of the League's letter regarding Inverse Condemnation and Pollution Liability Coverages along with copies of sample forms on both. Also attached are copies of the League's letter regarding changes in coverage. . . CITY OF SHOREWOOD LIQUOR LIABILITY . QUOTE FOR NOVEMBER 1, 1988 RENEWAL COVERAGE PREMIUMS TRANSCONTINENTAL ACCEPTANCE $500,000. Bodily Injury - EAch Person $500,000. Bodily Injury - Each Occurrence $500,000. Property Damage - Each Occurrence $500,000. Loss of Means of Support - Each Person $500,000. Loss of Means of Support - Each Occurrence $500,000. Aggregate 23730 Highway 7, Shorewood, Minnesota Based on $600,000. Gross REceipts MIGA 19365 HIghway 7, Shorewood, M~nnesota Based on $450,000. Gross Receipts MIGA TOTALS: BOTH COMPANIES ARE ADMITTED CARRIERS BEST RATINGS: Transcontinental A+15 Acceptance B+5 $ 4,500.00 54.00 3,375.00 40.50 7,969.50 $ 4,404.00 100.00 FEE 3,303.00 100.00 FEE 7,907.00 . COVERAGE Property - Gen. Liab., Etc. Business Auto Umbrella - $1,000,000. Liquor Liability - Transcontinental Blanket Bond Workmen's Compensation TOTALS CITY OF SHOREWOOD PREMIUM COMPARISONS 11/1/88 to 11/1/89 ANNUAL PREMIUMS $ 30,068.00* 4 ,642 . 00 10,345.00 7,969.50* 673.00 1~,348.00 $ 69,045.50 . 11/1/87 to 11/1/88 ANNUAL. PREMIUMS $ 29,853.00 3 , 64 6 . 00 10,345.00 8,500.00 616.00 17,175.00 $ 70,135.00 *Liquor Liability premium with Acceptance woudl be $7,907.00 annually, or a savings of $62.50. *Inverse Condemnation coverage is included in Property portion of premium. *Limited Pollution would be an additional $560.00. . League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) May 6, 1988 To: City officials and insurance agents From: League of Minnesota cities Insurance Trust Re: Inverse condemnation and pollution liability coverages Member cities of the League of Minnesota cities Insurance Trust can now add liability coverage for certain pollution exposures and for inverse condemnation liability arising out of zoning and other land use regulations. The city can add either or both coverages, either at renewal- or as a mid-term endorsement. Copies of the endorsements are attached. POLLUTION COVERAGE LMCIT is now offering to member cities an endorsement which adds back coverage for certain pollution exposures, replacing the strict pollution exclusion currently used. The optional limited pollution liability endorsement gives the city coverage for property damage or bodily 'injury caused by a release or discharge of pollutants, where three conditions are met: 1) the release is accidental: 2) the release occurs entirely above ground: and 3) the release begins and ends within 72 hours of the accident. The endorsement also adds back coverage for liability stemming from the use of mace, tear gas, or similar substances. Obviously, this does not provide a solution to all of a city's exposures to pollution liability. Landfills and underground storage tanks are two examples of exposures that would not be covered. However, it will provide protection for things like a malfunctioning ventilation system in a city building, or an accidental spill of herbicides by park maintenance workers. The pollution coverage is subject to a $600,000 annual aggregate limit, including defense costs. The cost of adding the pollution coverage is 3.5% of the city's liability premium. INVERSE CONDEMNATION LIABILITY FOR LAND USE REGULATION In a 1987 decision, the U.S. Supreme Court ruled that a city could be held liable for a temporary taking of private property resulting from enforcement of a zoning ordinance or other land use regulation. This is a new liability expos~re for cities; in the past, courts would bar future enforcement of an ordinance which went too far, but generally would not award damages. The . RfC"U MAY ? :3 '988 . . 1987 decision means that a city could be held liable for "rent" for the time during which an ordinance was enforced, if it were later determined that enforcing that ordinance resulted in a .taking" of the property. You may want. to discuss this iss~e with your city attorney. If a zoning ordinance has resulted in a taking of property, the property owner's remedy is to bring an inverse condemnation suit. However, LMCIT's current liability coverage document excludes inverse condemnation. (Liability insurance policies offered to cities by commercial insurance companies almost universally contain a similar exclusion.) Because of this exclusion, some zoning claims have not been covered by LMCIT in the past - specifically those zoning-related claims based solely on a "taking" theory of law. LMCIT member cities can now add coverage for inverse condemnation suits arising out of enforcement of zoning or other land use regulations. This optional endorsement provides coverage for liability for inverse condemnation damages for the period of time during which the regulation is being enforced, up until the time that the .courts determine that the regulation constitutes a "taking." The coverage is subject to a $600,000 annual limit, and a 15% "coinsurance" provision: that is, LMCIT would cover 85% of damages and defense costs, while the city would bear the remaining 15%. The cost of adding the inverse condemnation coverage is 2.5% of the city's liability premium. It must be emphasized that this coverage applies only to regulatory takings. It does not apply to an inverse condemnation action which alleges that the city has physically occupied or used private property without paying for it. WHY ARE THERE ANNUAL LIMITS ON THESE COVERAGES? In offering the pollution and inverse condemnation coverages, LMCIT is '\'f::nturing into areas in which there is little or no past experience on which to draw. Despite the risks involved, the LMCIT Board sees LMCIT's job as finding a way if at all possible to provide cities with coverage for their exposures. The lack of past loss data makes it very difficult to accurately project what the ultimate losses are likely to be or what the proper premium rate should be. Obviously U . IT must strike a balance between meeting the individual city's need for protection on the one hand and making sure thatLMCITwil1 remain financially strong and stable so as to be able to continue to serve cities on the other. The annual coverage limits on both coverages and the coinsurance provisions on the inverse condemnation coverage are designed to help keep that risk manageable. Also, the extended reporting period option will not appll to these coverages. Finally, because the liability coverage is claims-made, rates can be adjusted in the future to reflect the actual losses as they 'develop. . . INVERSE CONDEMNATION EXTENSION ENDORSEMENT In consideration of the additional premium listed below, it is agreed that Exclusion d. under Coverage D, Errors or Omissions Liability, is amended to read as foll~ws: d. To any claim for damages arising out of condemnation, inverse condemnation, adverse possession, or dedication by adverse use, but this exclusion does not apply to claims for inverse condemnation damages wherein: (1) The alleged taking of private property resulted from the application of a land use, zoning, building, subdivision or similar ordinance or regulation and not from a physical occupation, invasion, or use of the property; and (2) The alleged damage occurred on or after the retroactive date shown below but prior to a final determination by the courts that enforcement of the ordinance or regulation constitutes a taking of private property. A claim covered by this endorsement will be deemed to have been made when suit seeking damages for the wrongful taking of private property is filled against the "city". With respect to damages recoverable under this endorsement, the liability of LMCIT shall be limited to eighty-five (85) percent of the loss and loss adjustment expense to include legal defense costs and the total liability of LMCIT shall not exceed $600,000 per occurrence and $600,000 in the aggregate annually. With respect to coverage provided by this endorsement, the basic extended reporting period and the sup- plemental extended reporting periods under Section VI - Conditions, are waived and no extended reporting period is provided. Addition Premium $ ~ Endorsement Effective Date . ~ Retroactive Date t ~ All other terms and conditions remain unch:n~~~' - I "~\ ., .~j.l. .;}} i~' .".~ .<,j.' (} '"V !:. "1i:6 .~.~, ~# Authorized Signature ME042 (5/88) . . LIMITED POLLUTION LIABILITY ENDORSEMENT In consideration of the additional premium listed below, it is agreed that Exclusion e. under Coverage A and Exclusion e. under Coverage E are amended by inclusion of subsection e. (5) as follows: (5) This exclusion does not apply with J,"espect to "bodily injury" or "property damage": (a) which occurred entirely above ground caused by the actual, alleged or threatened discharge, dispersal, release or escape of pollutants the result of a "sudden occurrence" which occurred on or after the retroactive date shown below and prior to the expiration date of this covenant; or (b) which was caused by the discharge or dispersal of mace, tear gas or similar agent which occurred on or after the retroactive date shown below and prior to the expiration of this covenant if such discharge or dispersal was for the purpose of protecting persons or property or incident to an arrest. "Sudden occurrence" means an accident which happens entirely above ground and the pollution resulting therefrom which begins and ends within seventy-two (72) hours following the accident and in the case of a related series of accidents, the "sudden occurrence" will be deemed to have taken place when the first accident in the related series of such accidents took place. With respect to damages recoverable under this endorsement, the liability of LMCIT under this covenant for loss and loss adjustment expenses to include legal defense costs, shall not exceed $600,000 per occurrence and S6OO,OOO in the aggregate annually. With respect to coverage provided by this endorsement, the basic extended reporting period and the sup- plemental extended reporting periods under Section VI - Condition, are waived and no extended reporting period is provided. Addition Premium $ Endorsement Effective Date Retroactive Date All other terms and conditions remain on~ ~~ Authorized Signature ME043 (5/88) III~~ -1 mimiC . . 1f.3ague of minnescJt;a cJit;ies November 18, 1986 To: LMCIT agents From: Peter Tritz Re: New developments in LMCIT's property/casualty program The LMCIT Board of Trustees has approved a number of changes in LMCIT's property/casualty program. Most of these changes take effect for coverage written'or renewed after Nov. 15. In order to help keep you up-to-date on LMCIT, we are enclosing four memos whi ch describe respe'cti vely LMCIT' s property/casualty rate changes; new deductible options available to cities; the switch to a claims-made liability form; and the revised liability coverage form. Incidentally, we've also beard a rumor that MSI may be entering the market municipal insurance market for smaller cities in Minnesota. 30 far, we haven't been able to confirm this, but if it's correct, at least some cities would have available another source of coverage. If you hav,e any questions or need additional information, please feel free to call me at the League office. Or contact LMCIT's program administrator, North star Risk 3ervices,1401 W. 76th St., Minneapolis, Mn. 55423; phone (612) 861-8600. ~~ '\. -1 8~J'!1 !!'/(-:'" ',:i ..1\:,q-1LIt,~ ('~~):.jL. ~?~t..; L,It!:, II Ilr-H.lf.:~~':I,Jlj: : ~I I I f).'J &.. <V ('.~ \S ~ ::. '. r c:. ./~~)f-JCJr.J . . h_ . :~=~1 .,;:, ;' II 'R C'} 1:: :"", ": 1-" '~l ('~:~ ...., ' "::"'1 f-'\ i {-. J (.:::'8 I....: :.::J .....'J ....1 4..... ~_, ,: * l' .,,~f~.._, t ~ ~.I ,~~ -' lor _~....I LMCIT CHANGES IN COVERAGE LMCIT has made a number of changes in the liability coverage documents. The language has been simplified considerably, and most of the coverage provisions which were formerly handled by endorsements are now incorporated into the body of the document. There are also a number of substantive changes in the coverage. These Changes eliminate many of the ambiguities and internal inconsistencies of the old coverage forms, broaden the coverage in a number of areas, and conform the coverage much more closely to the city's statutory duties to defend and indemnify its employees. The format of the liability coverage document is as follows: I. COVERAGES A. General Liability B. Medical Payments C. Personal Injury D. Errors and Omissions E. Automotive Liability II. WHO IS COVERED III. LIMITS OF COVERAGE IV. DEFINITIONS V. SUPPLEMENTARY PAYMENTS VI. CONDITIONS This memo summarizes the major substantive changes in the coverage. (The change to a "claims-made" format is described in a separate accompanying memo.) Keep in mind that this memo is just a summary. It will be important for cities and agents to read and understand the actual coverage document. 1. Police Exposures The general liability coverage part has been broadened to provide the city and its employees coverage for the use of reasonable force to protect persons or property. Further, the personal injury coverage part has been broadened to cover the city and its employees for assault or battery committed for the purpose of protecting persons or property, or incidental to an arrest. 'I [3:': , . '. "II', (', J. ' I '. I . j:. . I I; fil'i1:: ,J' .' ;~2 ;.~ '-' -:5 GOO . . 2. Civil rights COverage The errors and omissions coverage is revised to make it explicit that Sec. 1983 and similar civil rights claims are-covered. (Note that LMCIT has consistently taken the position that most of these claims were already covered under the old forms; thus, this is more a clarification than an expansion of coverage.) 3. Defense coverage The statutes and court cases make it clear that a city's duty to pay for defense of its officers and employees is much broader than its duty or its authorization to indemnify them. The general liability, personal injury, and errors and omissions sections are revised to reflect this broad duty to defend employees. A provision in the "conditions" section brings the coverage of damages (as distinguished from defense) into conformance with the city's statutory duty and power to indemnify its employees. 4. Punitive damages LMCIT has consistently taken the position that punitive damages will not be indemnified. This is now made explicit. Note though that LMCIT would still cover the defense of suits for punitive damages, provided that the actions leading to the suit arose in the course of the employee's duties. 5. Errors and omissions exclusions Formerly LMCIT's errors and omissions coverag~, like nearly every other errors and omissions form, excluded coverage for property damage, bodily injury, and personal injury. This created a potential coverage gap for those claims which didn't arise out of an "occurrence" (i.e., an accident), ,but which resulted in property damage or bodily injury. (One example might be a claim for property damage arising out of a decision to abate an alleged nuisance, which a Court later determined to be improper.) The errors and omissions coverage has been broadened considerably to eliminate this possible gap. 6. Professional services exclusion - ambulance and engineer exposures The "professional services" exclusion to the liability coverage part has been modified so that only the professional services provided by an attorney, architect, medical doctor, dentist, nurse, or pharmacist are excluded. Thus, other professional serivces, such as those of an ambulance attendant, paramedic, "First Responder," etc. are not excluded. Similarly, the professional exposure of a professional engineer who is an employee of the city is no longer excluded. (Consulting engineers would continue to be excluded as independent contractors.) These changes eliminate the need for a separate "ambulance malpractice" or "engineer's malpractice" policy to protect city employees and volunteers. This revised "professional services" exclusion can also be endorsed on to the city's eXisting coverage, to provide the expanded coverage for the remainder of the existing pOlicy's term. . . 7. Aggregate limits All annual aggregate limits have been eliminated with two exceptions: products liability and medical payments. 8. Fellow employee exclusion The "fellow employee" exclusion has been removed from the general liability and automobile boverages. Coverage is now provided for claims made against one employee of the city by another employee. 9. Medical payments The "medical payments" coverage has been modified to apply only to bodily injury arising out of a condition on premises which the city owns or rents. This does not include streets, sidewalks or boulevards, except for those abutting city-owned buildings or city-owned parking lots. 10. Employment-related claims Contractual obligations (not to be confused with contractually-assumed tort liability) are generally not covered under the liability coverages. However, the errors and omissions coverage has been modified to provide coverage for employment-related obligations, except for wages and benefits owing. 11. Firefighters liability The automobile liability coverage now specifically provides coverage to firefighters for the use of any automobile (including the firefighter's own automobile) in the performance of his ofticial duties. Cities are required by statute to provide this indemnification. 12. Relief associations Local fire or police relief associations and. their officers, employees, and members are now listed as covered parties under the liability coverages. 13. Joint powers entities The coverage contract now specifically excludes coverage of any joint powers entity, and of any city liability arising out of the activities of a joint powers entity, unless specifically named in the declarations. This does not mean that LMCIT will not cover joint powers entities. Where coverage is needed for the activities of a jOint powers entity, LMCIT will issue a separate coverage document to the joint powers entity. That coverage will also name each of the entity's constituent cities as additional covered parties. This approach has the advantage of putting all of the coverage relating to the joint entity's activities under a single coverage document, rather than involving the liability coverage of each of the constituent cities. Note also that the excl~sion applies only to those joint powers agreements which actually create a separate joint entity. Joint powers contracts under which the city is merely providing services to or receiving services from another political subdivision don't create any special problems under the city's LMCIT coverage. . . ::' (::] r~J LJ 8 CJf .. . I .. l'.'j "\ I r") rlE:;}:::ll ~i ;Lj C; Ie! (3 S LMCIT "CLAIMS-MADE" LIABILITY FORMS LMCIT will use a "claims-made" coverage form for general liability and public officials errors and omissions coverage written after Nov. 15. (Automotive liability coverage will ci6~tinue to be written on an "occurrence" basis.) This memo is intended to help explain to city officials what this change means, the problems "claims-made" coverage can create for the buyer, and how LMCIT has dealt with those problems. The primary reason for changing to "claims-made" coverage was that it would have been difficult or impossible for LMCIT to get reinsurance if an floccurrence" form were used. "Claims-made" coverage also simplifies 'underwriting and rating to some extent, since the underwriter does not have to try to predict and allow for pos3ible future changes in the law governing liability for occurrences during the current year. What is _~~laims-made"coverage? The baeic difference between "claims-made" and "occurrence" coverage is in which claims are payable under a particular policy. With "occurrence" coverage, the key question is when the incident happened. If the incident occurred during the policy period, it is covered regardless of when the claim is made. (This assumes, of course, that the ,incident is one which falls within the kinds of claims that the policy covers.) With "claims-made" coverage, whether a claim is covered by a particular policy depends not only on when the incident occurred but also on when the claim was first made. This can perhaps best be illustrated by an example. Consider a "claims-made" policy which runs for the calendar year. The 1987 policy will cover claims arising out of incidents which happened during 1987, provided the claim was also made during 1987. When that policy is renewed for 1988, the 1988 policy will cover claims made during 1988 which arise out of incidents that happened during either 1987 or 1988. The 1989 renewal, then, will cover claims made during 1989 for incidents which happened during 1987, 1988, or 1989. Thus, each successive renewal of a "claims-made" policy covers a greater' number of claims. This is the reason why "claims-made" coverage is cheaper during the first year, and why. each successive renewal of a "claims-made" policy becomes more expensive. (The cost does level off after about five years.) 1 fL. ',II: ' i r"Il It ", ; .', I ....; . ' ; i, I, 'I, 1) .111 II ,';: .', 1 .: 1-1 ;.. ,! : i ;~1 c':-?7-5600 . . Potential problems with "claimS-made coverage The problem with ~claims-made" coverage really arises when you want to change carriers. The new carrier typically won't want to accept risk for claims arising out of incidents which happened before the inception date of his policy. This can create a gap in coverage, for claims made after the date of the change in carriers for incidents which happened before the change. Unless special steps are taken, neither carrier will cover those claims. There are two ways to solve this problem; either will involve paying some additional premium to someone. One is to get the new carrier to agree to cover claims from those earlier } incidents. However, most carriers are very reluctant to dO this, although it is certainly worth inquiring about if you find yourself in this situation. The second way is to get the old carrier to agree to cover those claims, even though the claim happens after his policy has expired. (This agreement is called an "extended reporting period.") Of cburse, the old carrier has no particular incentive t9 agree to give you that extension, or to charge a reasonable price if he does agree to do it. This is why is is extremely important in purchasing a "claims-made" policy to make sure that the policy gives you the right buy an extended reporting period. Unfortunately, many "claims-made" policies give the buyer that right only if the carrier cancels or refuses to renew the coverage. Thus, if the buyer decides not to renew the coverage, the old carrier is under no obligation to offer an extended reporting period. If an extended reporting period is offered, it may be only for a limited time - sometimes as little as a year or two. An extended reporting period of limited duration certainly is better than nothing, but if there is any time limit at all, the potential gap still exists. A third problem is that even if the policy gives you the right to buy an unlimited extended reporting period, the cost to buy that extension probably won't be specified. You'll have to pay whatever the old carrier feels like charging. (The standard "claims-made" forms recommended by ISO, for example, state on~y that the cost of the extended reporting period can't exceed 200% of the last year's premium.) How LMCIT addresses those problems LHCIT's revised coverage document includes an automatic 60 day extended reporting period. It also gives the city the right to purchase an extended reporting period of unlimited duration. The clty has this right regardless of whether it is the city's or LMCIT's decision not to continue the coverage. The cost of purchasing the extended reporting period is spe~ified in the coverage document itself. . . The cost depends on how long the city has been covered under the "claims-made" coverag-e. It ranges from 34.6% of premium if coverage has been for one year, up to 70.8% of premium if coverage has been for five years or more. By comparison, standard ISO "claims-made" forms allow a range of up to 200%. "Other forms often say nothing at all about the cost of extending ~.. coverage. --Because the LMCIT coverage document offers an unlimited extended reporting' period for a known cost, the city really has available the equivalent of "occurrence" coverage. The city may wIsh to set aside each year the funds necessary to purchase the extended reporting period; i.e., roughly 35% of premium the first year, 18% the second year, 8% the third year, and so on. After five years, the cost of the extended reporting periOd stops increasing, so that no further funds would need to be set aside. (The exact percentages needed would vary somewhat depending on changes in the city's rating base from year to year.) ~1ID~-l 1I11'IIIIG . . li~:~ague of rninnesota cities LMCIT PROPERTY/CASUALTY RATES 1. Overall For coverage written or renewed after Nov. 15, LMCIT's property/casualty rates will be reduced somewhat. The largest reductions will be on the property, automotive physical damage, and inland marine coverages~ These reductions reflect LMCIT's consistently good loss experience in these areas. Rates for general liability coverage will also decrease slightly. This reduction is largely a function of the switch to a "claims-made" coverage form, as discussed in an accompanying memo. However, it also r~fl~cts projected savings attributable to LMCIT's in-house defense capability, and to the 1986 amendments to the municipal tort liability statutes. The revised rates also reflect the broader coverage provided by the revised coverage forms. Of course, an individual city's premium will be affected by any changes in the city's exposures - e.g., increased city expenditures, higher property values, etc. - as well as by the rate changes. Cities should also keep in mind that the 10% reserve assessment has been eliminated for all renewals after the June 1, 1986. 2. Small cities rate credit As part of the overall review of rates, LMCIT looked at how premiums and losses have compared for various population classes of cities. This study showed that the experience has been somewhat better for smaller cities than for larger ones. Because of this loss experience, cities of under 500 population will receive a rate credit of 20%. Cities between 500 and 2500 population will receive a 10% rate credit. These rate credits will apply tocove~age written or renewed after Nov. 15, 1986, and will be applied in addition to the overall rates changes described above. 1 Ei>' ; II;!""," " {;'l\l[~nu.:~ 8C'1St. ~31-;. P:ll.:1. ITlinnef3ot.::'j ~5:'5 '101 fE 1 ~.~) 227 -5600 . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: FROM: Mayor and Counci1members Dan VOgt1f(f' October 17, 1988 DATE: SUBJECT: Finance Director Hiring As you are aware, Jim Brimeyer of Sathe and Associates was directed to negotiate with Alan Ro1ek for the position of Finance Director. At our meeting held on October 12, 1988, a starting salary of $28,000.00 was approved. Upon negotiation, Mr. Ro1ek indicated that the advertised salary range was $30,000.00 to $35,000. He stated that he would start work for the City at a starting salary of $30,000.00 since that was an amount advertised and he was obviously capable of taking the position. Therefore, it is the recommendation of the consultant and me to make the starting salary of Mr. Alan Ro1ek $30,000.00 for the position of Finance Director. This item appears on the consent agenda of your October 24, 1988, Council meeting for your ratification. Please contact me if you have any questions prior to the meeting. DJV/a1 ' A Residential Community on Lake Minnetonka's South Shore ~ .. . 1988 ELECTION JUDGES PAGE 2 . PREC III - Continued (R) June Coad 21095 Forest Drive Shorewood, MN 55331 474-6744 ( ) Joan Lang 5490 Wedgewood Drive Shorewood, MN 55331 ( ) Ed Bottman 5710 Grant Lorenz Road Shorewood, MN 55331 PREC IV (D) Rita Spellman (CHair) 5100 Shady Island Trail Mound, MN 55364 474-7919 (D) Judy Hagen 5125 Shady Island Road Mound, MN 55364 474-5549 (R) Ginny Soule 4595 Enchanted Point Mound, MN 55364 474-1250 (R) Carmelita V. Smith 4345 Enchanted Drive Mound, MN 55364 474-9668 ( ) Jeanne England 4545 Enchanted Point Mound, MN 55364 MEMORANDUM . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 19 OCTOBER 1988 RE: TRACEY ADDITION - FINAL PLAT FILE NO.: 405 (88.31) Ron Tracey has submitted a final plat for the Tracey Addition (see Exhibit A. attached). The plat is consistent with the preliminary plat which was approved on 12 September. The preliminary plat approval was contingent upon the City Engineer's approval of a proposed driveway and drainage plan to be submitted by the applicant. This plan. shown on Exhibit B. is addressed under separate cover by the Engineer. The City Attorney has discovered a discrepancy between the legal description shown in the applicant's title opinion and the description shown on the plat. Since the discrepancy affects the easements being dedicated to the City. it must be resolved to the satisfaction of the City Attorney prior to release of the final plat. The previous approval was also contingent upon an agreement by the applicant stating that the garage building. located on the Covington Road right-of-way. would be removed at such future date as the City may wish to make improvements to Covington Road. The City Attorney has recommended that this stipulation is best addressed by a declaration of covenants. To date we have not received a proposed draft of such declaration from the applicant's attorney. Approval of the final plat is recommended subject to the following: 1. The applicant must resolve the discrepancy between legal descriptions on the title opinion and the plat to the satisfaction of the City Attorney. 2. The City Engineer must approve the driveway/drainage plan. A Residential Community on Lake Minnetonka's South Shore 5/1 . . Re: Tracey Addition Final Plat 19 October 1988 3. The City Attorney must approve a declaration of covenants which ensures that the nonconforming garage will be removed at such time as the City desires to make improvements on Covington Road. The declaration must be submitted by the applicant with in 30 days of the Council's approval of the plat. 4. The applicant must pay $500 in park dedication fees prior to release of the plat. 5. The applicant must record the plat within 30 days of the date the Council's resolution is certified by the City Clerk. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Ron Tracey Jim Bruce - 2 - - - - ----- . - - . . . .L1 . -.- f"\ C" -,- H''-- '_,'I ; I c. --, I\ir',~, , : .... ....." ~.. '-- '(' (' r, \~. . . ~ ~.., '." '.' -rle'''' " f"'\ r....,' ,Jl '.a ;..:". \..J ,-,,! I . 6) ~o~~ 0' ,\~ ....- ~ l.~ \ '?)O .:S \.. (70 rz., '\ ", \- <O"~" ,./ YoJ' \ (~O"',(O ,./ \- '. .,\ L. .... . '". 0"- .... ", /, ...... ~ ~ '. ....... ~" : "'~ '" ,.--- '" %~~o"" ~ C'~ ;.0. ~ o~ ~" JS:>~ ~t- 0-1 "" \S'~ 4~ r Neeo51'3to"E \ 2 . . . . : : . , . o r Neeosl'?>o"E --.- - - - - - - 3cn,q~ ...- 434.€>>S-'" -~-_._-.- o . . \....Line parallel wifh The N. line oFGov'f lot 4 ...<j' \ ~6' \ .) ~ o Denofes Iron monumenf @ DenOTes Judiclol Landmark. BeClr/'ng5 shown are based On the s. '''ne o~~o~~f ~ot.. 3 haVin.9 on ossunled bearing 88NCHfv1AQI< : Top or Sanitary Sewer Man hole os shown. t/eV. = IOO~. 61 (NGvO, 1< Exhibit A FINAL PLAT ~ . . '-...JV /") -- _/ qqA ,- I' . " , -3Q400-' \ "" .......... /~ ,/-"" ". .... ..... " " '\ I I ; I " ~ . as M". i Orr ,'; .... . /: ~;~~~n& . . ;. Associates, Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 . '" October 19, 1988 Engineers Surveyors Planners City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Review of Final Plat and Plan For the Tracey Addition Shorewood, Minnesota OSM Comm. No. 1744.03 Dear City Officials: We have reviewed the grading and drainage plan for the Tracey Addition as prepared by Schoell & Madson, Inc. Our review comments address the following items: 1. The driveway slope is 12% for the most part. Generally, this slope should not exceed 10%, especially in the tight curve section. The proposed driveway location and contour changes should be reviewed to determine if the slope can be reduced. 2. The proposed grading on the south side of the driveway exceeds the maximum 3:1 slopes allowed. This can be corrected with more grading to the south or more stringent erosion control using plantings or other measures. 3. Near the top of the dri veway, the proposed 1004 contour intersects wi th the existing 1002 contour which is unacceptable and can be corrected with more grading to the west. . 4. The tight turning radius at the proposed curve will not provide adequate access for emergency vehicles such as fire trucks. A fire truck requires an inside radius of approximately 28' and an outside radius of approximately 42'. . Approval of th;:;dr'iveway would be with the understanding of that limitation. 5. Any proposed retaining walls require the design and plan submitted to the City Engineer for review and approval. 6. Erosion control both during and after construction is an important item that must be addressed. A silt fence is shown along the south side of the driveway. Additional silt fence may be needed to the east along the proposed construction near Covington Road. 7. The drainage is shown runn i ng down the dri veway and spi 11 i ng onto the yard about 60' from the proposed garage. Some additional erosion control may be necessary at this location. Also, consideration should be given to construct- ing the driveway with an inverted crown; this would keep the runoff water on the hard surface driveway and not cause an erosion problem at the interface of the driveway and the sod. 615 ... . . .., Page Two City of Shorewood October 19, 1988 Access to lots like this is always difficult. A thorough investigation of ways to simpl ify the access and reduce the severity of the slope pays off in the end. Additional expense at the design and construction stage is more than compensated for by creating a safer driving condition and reducing the maintenance required if not installed properly in the first place. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~p rJ~ James P. Norton, P.E. City Engineer JPN:mlj cc: Mr. Ken Adolf, Schoell & Madson, Inc. Bruce Construction Co. I I ~ . . MAVOR Robert Rascop COUNCil Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt ti CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 19 OCTOBER 1988 RE: KUEMPEL CHIME CLOCK WORKS AND STUDIO - REQUEST FOR REZONING FILE NO.: 405 (88.46) As explained in her letter. dated 14 October. Audrey McGregor has requested that her property be rezoned. at the City's initiative. from R-1D. Single-family Residential. to R-C. Residential-Commercial. Apparently a rezoning and conditional use permit were approved in 1978. The zoning amendment was adopted by resolution. however. not by ordinance. The City Attorney has advised us that if all of the procedures for rezoning had been followed (i.e. publication of notice. public hearing. four-fifths vote. etc.) the effect would be the same as an amendment by ordinance. In' researching the files. we find no record of the amendment ever having been published in the official newspaper. Nor does the newspaper have any record of publishing. Consequently. the process must be repeated. it is recommended that the City set a public consider the rezoning. It is also suggested restudied at that time. Based upon the previous approvals. hearing for 6 December 1988 to that the conditional use permit be It should be noted that the legal description for the previous request differs with the amount of property owned by the business. Ms. McGregor is currently having a survey updated for the proposed rezoning. cc: Dan Vogt Glenn Froberg Jim Norton Audrey McGregor A Residential Community on Lake Minnetonka's South Shore b ~ '\ : .'1 - ~--.Y . . /fttlmnjlel CHIME CLOCK WORKS & STUDIO 21195 Minnetonka Blvd., Excelsior, Minnesota 55331 Telephone (612) 474-6177 Outside Minnesota 1 800 328-6445 October 14, 1988 Our family business has been our hobby for more than seventy years serving homecrafters the world over ," City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Friends, We understand that the re-zoning which took place several years ago for our entire property at 21195 Minnetonka Blvd., Shorewood, was done procedurally wrong, and somehow or other remains zoned residential, creating problems for us. Therefore, we request the city on its own initiative change the zoning. A copy of the original resolution is attached to this letter. We do hope to be on the October 24 agenda. Thank you. ~9:d~to)!; ent KUEMPEL CHIME CLOCK WORKS McG Exhibit A APPLICANT'S REQUEST LETTER Dated 14 October 1988 Shorewood Planning Ceission -2- Study ~ing Minutes - 6/22/78 KUEMPEL CHIME CLOCK -21195 Minnetonka Blvd. Request for R/C ZoninQ and Conditional Use Permit Don and Audrey McGregor, owners of the Kuempel Chime Clock Company, were present at the Public Hearing to make application for the new R/C Zoning to said property (Currently non-conforming) and requested a Conditional Use Permit for the continued operation of their business at 21195 Minne- tonka Blvd. A proposed storage addition to their building was also dis- cussed. The Public Hearing was closed June 8th; study to be resumed at the June 22nd meeting. June 22nd - discussion resumed resulting in the following recommendation to the Counc il : Moved by Leslie that the Council grant the Kuempel Chime Clock the R/C Zoning and a Conditional Use Permit on lots 13, 14, and 15 of Block 11, with the following conditions: 1) That it remain Kuempel Chime Clock operation. 2) That it be owned and operated by the same family and be operated in the same manner. 3) That at such time as they would sell the operation, or it be taken over by some other business, it must return to the Council for permission, if the Conditional Use Permit is to be continued. A roll call vote of 2 Ayes - 1 Nay, 1 Abstain. Aye: Cole - I feel that the R/C zoning is the only vehicle available to us at this time for granting this expansion; but I do not feel it is as appropriate a vehicle as it should be for this situation. Aye: Leslie - I approve the business operation, as it is now, and my. only concern is what would happen in the future, if this particu- lar business would be sold. I feel that we need a legal stop-gap for this situation. Nay: Reese - I have nothing against that use; however, I feel the lack of neighborhood opposition should not be sole criteria for this use and I don't consider it good planning principle. JAN HAUGEN ADDRESSES THE PLANNING COMMISSION AS LIAISON (These are the thoughts of Jan Haugen - Address attached) PRELIMINARY POLICY PLAN -#3 of Comprehensive Plan- Brad Nielsofl, Planner 9:45 PM - Mr Nielson of Midwest Planning was called upon to direct us in the study of the Comprehensive Plan #3. The Primary and Secondary issues were discussed and clarified at this time but due to the few members present it was decided to go forward with the study at the next study meeting on July 27th. Chairwoman Cole made an apology to Mr. Nielson for his time being spent so unfruitfully. AD JO UR NME NT Moved by Jane Cole, seconded by Stover, that the meeting be adjourned at 10:35 PM. Re~ectful~y submitted, ~I-t~ ~~.c..lJ Bobbie Dyb~~,Secretary Exhibit B PLANNING COMMISSIOM MINUTES Excerpt from 22 June 1978 ~ SHOREWOOD COUNCIL MINUTES TENNIS COURTS There was considerable discussion on whether a tennis court and fences are structures or if a building permit is required. Council agreed to review their policy and the attorney's comments, dated June 21, 1978, on tennis courts; for consideration at a later meeting. . Ju ne 26, 1978 - 3 - ENGINEER'S REPORT - Swimming Pool -24950 Amlee Road - John Jacobson Moved by Heiland, seconded by Keeler, to approve the engineer's recom- mendation to permit the installation of a swimming pool at 24950 Amlee Road; to be enclosed with a 4' fence. Motion carried by a vote of 4 to O. PLANNING COMMISSION REPORT: KUEMPEL CHIME CLOCK The recommendation of the Planning Commission on the request of the Donald Mac Gregors to include their property in the R/C zone, with a Conditional Use Permit to operate the Kuempel Chime Clock Studio was received and read. RESOLUTION NO. 47-78 Moved by Naegele, seconded by Keeler to include their property described as Lots 13, 14, and 15 of Block 11 - 21195 Minnetonka Blvd.; in the R/C Zone and issue a Conditional Use Permit for a Chime Clock Studio operation. On a roll call vote the motion carried by a vote of 4 to O. STRAWBERRY GARDENS DEVELOPMENT The Planning Commission Report was read on their recommendation for the proposed development of Strawberry Gardens. The developer was repre- sented by Richard Conry who stated that the developer; B. T. Land Co., would not agree to the Central Water System or approve the-extension of the street through to Strawberry Lane. Moved by Heiland, seconded by Haugen to ask the developer to meet with the staff to further negotiate for a compromise and bring back a recom- mendation to the Council. APPROVAL OF CLAIMS Moved by Haugen, seconded by Heiland, to approve payment of claims as follows: General Fund Liquor Fund Ck No. 19369 - 19401 Ck No. 4269 - 4319 $ 9,723.59 35,230.71 Motion carried by a 4 to 0 vote. Adjournment at 10~45 PM. Respectfully submitted, / '.7-- / -~- , I . //.,/;,., / Exhibit C CITY COUNCIL MINUTES Excerpt from 26 June 1978 ---.. ---., . . . RESOLUTION NO. 47-78 ]J WHEREAS, the City of Shorewood has received a rezoning application submitted by Donald W. McGregor and Audrey McGregor, as owners of Lots 13, 14 and 15, Block 11, Minnetonka Manor 'for the inclusion of said property within the R~C District, and WHEREAS, said application further requests the issuance of a conditional use permit for the operation of Kuempel Chime Clock Studio as an art studio in said R-C zone, and WHEREAS, the application was referred to the Planning Commission for necessary public hearings, study and recommen- dations and said public hearings have been held and the Planning Commission has submitted its findings and recommendations to the Council, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the property described as Lots 13, 14 and 15, Block 11, Minnetonka Manor be and the same ijereby is rezoned ~ and shall be included in the R-C District. 2. That the proposed use as requested in the application for a conditional use permit will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities or other matters effecting the public health, safety and general welfare. 3. That the proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. 4. That a conditional use permit be and the same hereby is approved and issued for the subject property, subject to the following conditions: a. That the use of the subject property shall continue as the Kuempel Chime Clock Studio. ) "It. Ji,f>fI'f? . ". '. '! ',' , ., 11'l!J . Exhibi t D RESOLUTION 47-78 .,. . . J b. That the studio shall continue to be owned and operated by Donald W. McGregor and Audrey McGregor, or members of their family, and shall continue to be operated in the same manner as has previously been the case. c. That in the event said owners propose that the business be sold or be acquired by some other business operation, this conditional use permit shall expire and a new permit must be sought for the continuation of such use or any new use to be conducted on the subject premises. Adopted by the City Council this 26th day of June, 1978. 1 The foregoing resolution was moved by Councilman Naegele, was seconded by Councilman Keeler, and upon a vote thereon the following voted aye: Haugen, Keeler, Naegele and Heiland and the following voted nay: None ) -2-