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022585 CC Reg AgP .' j r/lau~/ - :fL," .a.u). ,~ ~'./ ~ ~,~ February 11, 1985 ~ y/ (Attachment #la) ~~ J ~.~.~ V~ >>J' " U'r I . \. . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM 5. PUBLIC HEARING CONTINUATION - TRAFFIC STUDY REPORT CITY OF SHOREWOOD REGULAR 'COUNCIL MEETING MONDAY, FEBRUARY 25, 1985 AGENDA CALL TO ORDER A. B. Pledge of Allegiance and Prayer Roll Call 1. APPROVAL OF MINUTES A. Regular Meeting - 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. Location: SE area of City (Attachment #5 - Correspondence). 6. SHOREWOOD YACHT CLUB DISCUSSION << . <.. . REGULAR COUNCIL MEETING MONDAY, FEBRUARY 25, 1985 page two 7. 1985 DOCK LICENSES A. Adeline Johnson B. Mtka. Portable Dredging C. Boulder Bridge Farm D. Howards Point Marina E. Upper Lake Minnetonka Yacht Club F. Shorewood Yacht Club 8. DECEMBER FINANCIAL STATEMENT 9. HARDING ACRES FINAL PLAT (AttaChment #9 - Engineer Rpt.) 10. SEWER AND WATER BUDGET (Attachment #10) 11. ATTORNEY'S REPORT A. B. 12. ENGINEER'S REPORT A. Amesbury Water Line Discussion B. 13. ADMINISTRATOR'S REPORT A. Public Works Department - Second in command issue B. Status of Park Acquisition C. Set CDBG Hearing date D. . ' 'II CITY OF SHOREWOOD REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 .~ ;~~~~titCOUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. ~.".-,- ..~ ~ M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 P.M., Monday, February 11, 1985. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop; Councilmembers Haugen, Shaw, and Gagne. (Stover absent). Staff: Attorney Larson; Engineer Frigaard; Planner Nielsen; Administrator Vogt; and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Rascop to approve the Minutes of the Traffic Study meeting of January 21, 1985 as written. Motion carried - 4 ayes. Gagne moved, seconded by Haugen to approve the Minutes of the regular Council meeting held January 28, 1985 as corrected in the Official Minute Book. Motion carried - 4 ayes. Haugen moved, seconded by Gagne to approve the Minutes of the Special Council meeting held February 4, 1985, as corrected in the Official Minute Book. Motion carried - 4 ayes. PARK COMMISSION REPORT Gagne reported to the Council on the past Park Commission meeting. The Commission has asked that when the Council meets on the Park Commission meeting nights that the Park Commission be allowed to use the Council Chambers if they have an audience they invited. Park Commission member ,Carol Butterfield, reviewed the Commission's request from the Police Dept. In exchange for a new Police building to be built on the north side of Badger Park, the Commission recommended receiving $10,000 in cash and services, as discussed in the Park Minutes of February 4, 1985. Planner Nielsen said that a Conditional Use Permit will also be required to build in this R-3 District. A request for a temporary recreational fire on Sundays at Cathcart Park was granted. This fire is to be under the control of the rink attendant. Park Commission Subdivision 5-C and temperature Policy". recommended an amendment to Ordinance NO.Sdeleting from the Ordinance and also to delete the elmut ule (-20 windchill) from the closing rule with e "Park ,.un.a)J J .. . eINUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page two Park Commission Report, continued: oved 0 table the amendment to the Ordinance and the deletion helmut rule from the Policy until further information can be conded by Gagne, motion carried - 4 ayes. Gagne moved, seconded by Rascop to delete the "-20 windchill" for the rink closing policy. Motion carried - 3 ayes, 1 nay (Shaw). ... CONSENT AGENDA Item A - Weed Inspector Appointment Appointed Mayor Rascop and Dennis Johnson as Weed Inspectors for 1985. Item B - Adopt Well Study Committee By-Laws as submitted. Item C - Set Board of review Meeting for 7:30 P.M. - May 23, 1985. Haugen moved, seconded by Gagne to approve the Items A, Band C as submitted. Motion carried - 4 ayes. I.C.O. SIGN PERMIT REQUEST Tom Wilharm, new owner of the I.C.O. station located at 5680 County Road 19 was present to request a temporary sign. Nielsen recommended approval with the condition that he remove his existing cigarette sign. This will then bring his signs into conformity when the temporary sign is removed. Haugen questioned the conformity of signs at the Village Pump. Nielsen was to talk to Attorney Larson about what can be done for compliance. Haugen moved, seconded by Gagne to approve a temporary sign for 6 weeks contingent on removal of the cigarette advertising sign. Motion carried - 4 ayes. 8:00 PM PUBLIC HEARING RESOLUTION NO. 8-85 ROAD VACATION - EAST EXTENSION OF WEST 62ND STREET A request from Sho~ewood Oaks Development, Inc. to vacate a 33 foot strip of land identified on the plat maps as TOWN ROAD was presented by Geoff Martin. This is a 917+ foot strip extending east from the current West 62nd Street and follows the Shorewood-Chanhassen borderline. The road is not an improvement and is not used as an access to anyones property. Rascop moved, seconded by Gagne to approve the vacation as requested. Motion carried by roll call vote - 4 ayes. Rascop moved, seconded by Haugen to submit a Quit Claim Deed for this property to Shorewood Oaks Development, subject to their drawing and filing the Quit Claim Deed. Motion carried - 4 ayes. .. .~ . .INUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page three WEIGHT RESTRICTION ORDINANCE ORDINANCE NO. 163 Council reviewed the 2nd draft of the Ordinance as submitted. Haugen moved, seconded by Rascop to accept the 2nd reading and adopt the Ordinance as written. The Ordinance was adopted by roll call vote - 4 ayes. FIRE LANE DISCUSSION Brad Nielsen reviewed the recommendations made by the Park and Planning Commissions on Fire Lanes. Gagne felt that the . "heated ones" should have a policy set now and let the others take care of themselves. Haugen moved acceptance as follows: Items 1, 2, 5, and 6 from Planning Commission recommendations. Item 3 from Park Commission recommendations. Item 4 to read: The lanes shall be under City control, and the lanes with recreational uses shall be assigned to the Park Commission and be subject to Park Rules and Regulations. These Items should be sent to the Planning Commission for the drawing of the Ordinance, seconded by Gagne. Motion carried - 4 ayes. FINANCE COMMITTEE REPORT Steve Frazier reviewed for the Council the goals and projects that they would like to pursue. He listed: 1. Quarterly spending, budgets and audit review. 2. Delinquence in utility accounts. 3. Tax rates. 4. Assessment Policy. 5. Metro Sewer charges. 6. Garbage collection methods. 7. Comparable Worth was suggested by Mayor Rascop. 8. Other Council directed projects. Mike Fonte was to be the Committee's liaison to the Council. ATTORNEY REPORTS Cabalka Letter Council discussed the letter dated 2/5/85 received from Attorney Kelly, representing Mr. Cabalka. Haugen moved, seconded by Gagne to begin civil action against Mr. Cabalka to join his lots in order to cbme into conformity with the Zoning Ordinance as recommended by Attorney Larson. Motion carried - 3 ayes, 1 abstain (Shaw). . .:.co; .. . .MINUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page four Attorney Reports, continued: Special Assessment Policy Information Attorney Larson reviewed some of the changes made by the Minnesota Supreme Court in reference to special assessment projects. He indicated that many projects are paid for by a higher percentage of ad valorem taxes than property assessment because of the proof of equal value added versus assessments charged. ENGINEER REPORTS Change Order No. 1 - Project 84-5G Haugen moved, seconded by Gagne to approve the Change Order No. 1 - Project 84-5G for Wangerin Inc. in the amount of $2,487.80 to be totally charged against the Waterford Project. Motion carried - 4 ayes. Amesbury Water Line Problem Engineer Frigaard reviewed a report written by Engineer Norton in reference to a complaint received by Mr. Berman at 20390 Knightsbridge Road. Norton's report stated that an occasional flushing of his line by running approximately 80 gallons of water through a hose should clear up the colored water. Shaw asked the Engineer to return with a cost to relocate his service from the end to a dual end service with the clos~st neighbor. Request for Water from Deephaven A request has been received to connect a resident of Deephaven to the Amesbury water system. In reviewing the contract between Shorewood and Deephaven for Amesbury North, this is allowable. Shaw moved, seconded by Rascop to allow the extension from the Amesbury North service area. Motion carried - 4 ayes. PLANNER'S REPORTS Schedule for Zoning Ordinance Study Sessions February 28th - 7:30 P.M. - Thursday March 7th - 7:00 P.M. - Thursday Shorewood Oaks Request Planner Nielsen was asked to get an idea from the Council if they would look favorably on granting a variance of front footage require- ment for one of their lots. Council felt this is a reasonable request and to proceed with the variance request. . Review of Commercial Building Permit Requested Country Kitchen would like to begin with interior alterations and will be coming to the Council on a variance request needed for an :~;i~~~:~~~~.moved, secOnded~Y ~.h~~to apP.~h~ issuance '~\ '~'9. ..1 ~ ~, )~GC ~ of . . . . MINUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page five Planner's Reports, continued: Kuempel Chime has requested to be allowed to install a paint booth in their existing building. The use is in nonconformity with the current zoning. Council would like additional information prior to considering. SILVER RIDGE Planning Commission has seen and reviewed the plans for the Silver Ridge addition submitted by Jim Bruce. (Engineer Frigaard was excused at 9:55 P.M.) ADMINISTRATOR REPORTS Interview Set An Attorney interview was set for Thursday, February 28 at 6:30 P.M. for Glenn Froberg. Audit Letter A letter was received by Matthias, Roebke, & Maiser detailing the terms for the City Audit. Haugen moved, seconded by Gagne to accept the proposal as submitted. Motion carried. Bache Issue At Council request, Attorney Bob Miller reviewed the Bache case. In his determination he did not feel there was sufficient reason to prosecute a person that Baches~ wanted prosecuted in connection with the matter. Attorney Miller then referred all of the information to a Judge and had Baches also speak to the Judge. He also felt there was not sufficient cause for prosecution. FREEMAN PARK DEED EXCHANGE RESOLUTION NO. 9-85 A Deed exchange with the Minnesota State Highway Department will be necessary for the newly improved access to Freeman Park. The entrance is not located on the portion that the City presently owns and the Deed exchange will correct this problem. Haugen moved, seconded by Gagne to exchange Deed as needed to correct access ownership to Freeman Park. Motion carried by roll call vote -4 ayes. DAYTON/BRUCE PARK ACQUISITION A response to the City's offer was received from Jim Bruce. He will accept the City's offer of $89,000 subject to forgiveness of Park Fund fees for his Silver Ridge Addition (9 lots at $500 each = $4,500). Gagne moved, seconded by Rascop to accept Bruce's offer as submitted. Shaw offered an amendment to increase the total offer by the Park Fund fee amount of $4,500, this would keep the subdivision and the park purchase issue separate from each other as originally requested by Bruce. ~ . . "" . 4ItMINUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page six Dayton/Bruce Park Acquisition, continued: Then the Park fees will be paid with the subdivision. Gagne and Rascop accepted the amendment. Motion to offer $93,500 was approved by roll call vote - 3 ayes, 1 abstain (Haugen). Administrator Vogt informed the Council that Hennepin County Local Road Aid will pay the $15,000 purchase price for the extension of a new collector road to be lcoated on a portion of the Dayton/Bruce property. CIGARETTE LICENSES Haugen moved, seconded by Rascop to approve the Cigarette License for Country Kitchen for 1985. Motion carried by roll call vote to be included in Resolution No. 2-85 - 4 ayes. MAYOR'S REPORTS LMCD meeting will be held at Tonka Bay City Hall, Wednesday, February 13, to hear a request for dockage of a 100+ foot boat. Liquor Store II lease has been extended for one additional year at current rates. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Rascop to adjourn the regular Council meeting of February 11, 1985 at 10:28 P.M. subject to approval of claims for payment. Motion carried - 4 ayes. General Fund (Acct. # 00166) Liquor Fund (Acct. # 00174) Respectfully submitted, Mayor Sandra L. Kennelly City Clerk ~ . . GENERAL FUND Check # 30033 30034 30035 30036 30037 30038 30039 30040 30041 30042 30043 30044 30045 30046 30047 30048 30049 30050 30051 30052 30053 30054 30055 30056 30057 30058 30059 30060 30061 30062 30063 30064 30065 30066 30067 30068 30069 30070 30071 30072 30073 30074 30075 30076 30077 30078 30079 30080 30081 30082 30083 30084 30085 . CHECKS PAID SINCE FEBRUARY 11, 1985 TO WHOM PAID Chaska Parts Service Chanhassen Lawn & Sports Void Dept of Employee Relations D & R Copier Service Dept Natural Resources Mary Dalton Rolf Erickson Gross Office Supply Hance Hardware Hatch Sales Inc. Internatl Salt Co. Jordan Ford Jarcho Insurance Gary Larson, P.A. Lawson Products Inc. League Mn. Cities U of M - MCFOA Conference Leef Bros Inc. Mayer Inc. Lyman Lumber Co. Mayer & Sons Inc Mn Suburban News Miller Davis Co. Mueller & Sons Minnegasco NSP Pepsi Cola Cash Podany Office Equip Pumps & Supplies Inc. Red Wing Mobil Reynolds Welding Suburban Tire Co. Mpls Star & Tribune Sterling Fence Inc. Teledyne Total Power Tonka Auto Body Warners True Value Wayzata Weekly News Wendells White Bear Animal Control West Henn Human Services Evelyn Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Sue Niccum Brad Nielsen Dan Vogt Howard Stark Dan Randall PURPOSE: Equipment Parts Supplies & Parts Seminar - Vogt, Rascop Supplies for Copier 1984 Water Use Report Clean City Hall Jan. Assessing Fee Supplies Jan. Purchases Supplies & Equip Parts Ice Removal Parts - Truck #4 Addn of Ford Truck January Legal Fees Shop Supplies League Conference Kennelly Ldry & Uniform Service Mobil Oil Hockey Rinks Materials Gasoline Purchases Legals Purchase Permit Books Ice Control January Utility-Amesbury Electricity Pop Purch & Vendor Rent Petty Cash Replacement Office Chair - Nielsen Pump on Water Truck Tire Repair Shop Supplies Service - Truck #3 Ad for Attorney Badger Hockey Rink Pump Repairs Water Truck January Purchases - Shop Supplies Legals City Official Badges January Contract Annual Contribution 1985 Salary " AMOUNT $ 163.86 88.35 -0- 20.00 70.00 80.00 50.75 1,525.00 122.17 11. 27 171.15 1,171. 53 45.17 435.00 2,469.00 205.88 55.00 90.00 215.02 191. 75 43.50 886.30 22.04 144.00 1,191.42 129.87 1,243.48 183.35 14.16 289.95 174.65 5.50 36.06 104.66 40.15 37.80 50.49 140.18 6.84 47.03 59.08 308.78 582.00 666.31 655.61 436.49 649.03 578.87 390.16 673.24 869.43 514.59 589.29 , .. . GENERAL FUND Check # 30086 30087 30088 30089 30090 30091 30092 30093 30094 30095 30096 30097 30098 30099 30100 30101 30102 30103 30104 30105 30106 30107 30108 30109 30110 TO WHOM PAID - 2- Void Ralph Wehle Don Zdrazil Nicholas Davidson Mary Jake 1 Michael Fogelberg Jerry Sachs Void Pat Ray Mtka State Bank Comm of Revenue State Treasurer State Treasurer Dan Vogt ASMCE Local #224 Mn City Mange. Assn Pitney Bowes_ Sandra Kennelly Gerald Hart Bob Rascop Bob Gagne Jan Haugen Tad Shaw Kristi Stover Intnatl Inst Mun Clerks . FEBRUARY 11, 1985 PURPOSE: Salary " Rink Attendant Salary " " " " " " " " " Salary FWH - 2/13/85 SWH - 2/13/85 PERA- 2/13/85 FICA- 2/13/85 Travel Expense Union Dues Annual Membership Fee 3~ Mo Meter Rent Fee Travel Expense Office Remodleing Mayor Salary - Feb. Council " " + in " " " " " " " " " Sandra & Sue TOTAL AMOUNT -0- 548.87 749.25 178.50 224.94 214.63 173.25 -0- 433.01 1,435.00 808.00 931. 87 1,592.74 12.92 71. 70 25.00 73.58 38.67 303.46 150.00 100.00 100.00 100.00 100.00 65.00 $ 27,375.63 " LIQUOR FUND Check # 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 . . CHEgKS PAID SINCE PURPOSE: TO WHOM PAID Quality Wine & Spirits NW Bell Employee Benefit Plan Johnson Liquor Ed Phillips & Sons Intercontinental Pkg Co. NSP Minnegasco Eagle Wine Co. Griggs Cooper & Co. Ed Phillips & Sons Pepsi Cola Bottling Coca Cola Bottling Day Distributing Pogreba Dist. Co. Quality Wine Bellboy Corporation Royal Crown Beverage Mn Bar Supply North Star Ice Twin City Wine Co. Susan Culver Russell Marron Bob Nash Don Tharalson Stephen Thies Bill Josephson John Josephson Susan Latterner Steve Maeger Chris Meyer Void Stewart Peterson Dean Young State Treasurer Mtka State Bank Commissioner of Revenue State Treasurer Bell Corporation Intercont Pkg Co. Twin City Wine Thorpe Dist Co. Commissioner of Revenue Mn Victoria Oil Co. Quali ty Wine Co. Quali ty Wine Co. Eagle Wine Co. Prior Wine Co. Griggs Cooper Griggs Beer Dist. Rex Distributing Twin City Wine Ed Phillips & Sons Wine Purchases Telephone Service Feb Ins Premium Liquor Purchases " " Wine " Jan Utilities Utilities Wine Purchases Liquor Purchases Wine & Liquor Purchases Jan Pop Purchases " " " Jan Beer Purchases " " " Wine Purchases Liquor Purchases Jan Pop Purchases Misc Supplies " Purchases Wine Purchases Salary Store I " " " " " " " " " " I & II " " II " " " " " " " " " " FICA - 2/13 Payroll FWH 2/13 " SWH - 2/13 " PERA-2/13 " Liquor Purchases Wine " " " Jan Beer " Jan Sales Tax Fuel Purchases Wine Purchases Liquor " Wine " " " Liquor " Jan Beer " Jan " " Wine " Wine & Liquor Purchases TOTAL February II, 1985 AMOUNT $ 310.03 157.82 242.64 902.78 285.92 46.28 251.37 323.78 246.13 1,224.87 1,156.99 183.40 291.15 2,395.70 3,604.91 439.13 2,207.50 28.60 108.80 69.69 361.83 95.25 429.70 115 . 00 120.50 123.50 464.46 165.00 139.00 242.42 34.00 -0- 76.50 382.50 204.26 232.00 124.00 119.52 3,432.05 463.58 170.93 4,751. 60 4,148.90 106.80 358.89 1.689.30 221. 89 57.48 703.03 1,003.30 68.75 384. 14 873.67 $36,341.24 .. ~..... " LARKIAoFFMAN. DALY & LINDGRE.LTD. -lAMES P, LARKIN RODEAlT L. HOFFM.....N .JACt< F. DALY O. KENNETH LINDGREN ANDREW W. DANIELSON WENDELL R. ANDERSON GERALD H. FRIEDELL. ROBERT B. WHITLOCK ALLAN E. MULLIGAN ROBERT ..J. HENNESSEY RONALD R. FLETCHER .JAMES C. ERICKSON EDWARD oJ. DRISCOLL ,JAMES P. MILEY .JOHN A. McHUGH GENE N. FUL.LER JOSEPH ~ ANTHONY DAVID C. SELLERGREN .JOHN C. FULLMER ROBERT E. BOYLE FRANK I. HARVEY RICHARD A. FOASCHLER RICHARD A. NORDBYE ROBERT T. MONTAGUE, ,JR. CHARLES S. MODELL CHRISTOPHER .J. DIETZEN RICHARD I. DIAMOND JOHN R. BEATTIE. .JAMES M. STROTHER LINDA H. FISHER THOMAS p. STOLTMAN STEVEN G. LEVI N FORREST D. NOWLIN MICHAEL C. ,JACKMAN MICHAEL S. MARGULIES STEPHEN B. SOLOMON .JOHN E. DIEHL EMBER D. REICHGOTT ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 TELEPHONE 16121 B35-3800 TELECOPIER NO. (6121835-5102 1700 FIRST BANK PLACE WEST 120 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA SS402 TELEPHONE (6121 33B-6610 FEDERAL PRACTICE PA.RTNERSHIP LARKIN, NOEL 6< FALK SUITE 1110 1301 PENNSYLVANIA, N.W. WASHINGTON, D. C. 20004 TELEPHONE 12021 737-1000 February 12, 1985 Mr. Dan Vogt City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Traffic Study for the City of Shorewood- Proposed Developments Southwest of Trunk Hy. 7 and Vine Hill Road Our file 13,163-00 Dear Mr. Vogt: REC'u FEB 1 3 1985 GERALD L. SECK THOMAS B. HU....PHREy. JR. PETER K. BECK JON S. SWIERZEWSKI THOMAS J. FLYNN RODERICK I. MACKENZIE JAMES p. QUINN ROBERT G. RENNER, ,JR. DANIEL A. OUINLAN .J_EROME H. KAHNKE TODD I. FREEMAN ANDREW .J. MITCHELL DAVID G. MOELLER .JOHN A.COTTER* KATHLEEN M.OATES* THOMAS G. MACDONALD'" BRADLEY H. LEHRMAN BEATRICE A. ROTHWEILER SHERRILL OMAN KURETICH PAUL e. PLUNKETT SUSAN R.BURNIGHT AMY CARR GRADY ALAN _ L. KILDOW GARTH C. COLLER MARK E. DUVAL KATH LEEN M. PICOTTE NEWMAN LARRY A. KOCH PETER ..J. COYLE CATHERINE BARNETT WIt..SON* OF COUNSEL ....OSE.PH GITIS THOMAS H. CARE.Y flALSO ADMITTED IN WISCONSIN Enclosed is a letter to Mayor Robert Rascop and members of the City Council expressing Mr. James F. Winstead's interest and concerns re- garding the roadway changes on Trunk Hy. 7 in the vicinity of Vine Hill Road recommended by the City of Shorewood's consulting engineers. We are also transmitting individual copies of the letter to the Mayor and the City Council members at their home addresses. If you have any questions concerning the letter, please feel free to give me a call. Sincerely, ~~~~ Linda H. Fisher, LARKIN, HOFFMAN, for DALY & LINDGREN, Ltd. cc: Jim Winstead: Ken Anderson b .\ . .. ....MI:. ~. UUtKIN ItO!l:EltT ~. HO,.,.....N ""ACK ~. OAl..Y O. KENNETH l..INOO"I:N ANOIltEW W. DANICl..SON WENDELL lit. ANDERSON OElltALD H. ""IEDELL IItOBEltT ... WHITLOCM AL&..AN E. MUL&..IQAN ROBE"T "". HENNES.EY "ONALD ". "LETCHER "AMES C. EIltICMSON EDWAIltD J. DRISCOLL JA....E. P. MILEY JOHN A. MCHUGH GENE N. tr'ULLER ."OSEPH W. ANTHONY DAVID C. SELLE"G"EN "'OHN O. "ULLMER ROBE"T E. BOYLE ""ANK I.. HARVEY "ICIotA"D A. "ORSCHLER "ICIotARD A. NORD.VI: 1II08E"T T. MONTAGUE. JR. CHARLES S. ....ODE~L CIotAI.TOPHER .J. DIETZEN "ICHA"O I. DIAMOND JOIotN lit. BEATTIE .JAMES M. STAOTHE" LINDA H. "'SHEA THOMAS p. STOLTMAN STEVEN G. LEVIN ,"OIU'EST 0. NOWLIN t14ICHAEL C. .,JACKMAN MICHAE... S. MARGULIES STEPHEN e. SOLOMON .JOHN E. DIEHL EMBEft D. REICHGOTT LARK(.OFFMAN, DALY & LINDOJ"eLTD. ATTORNEYS AT LAW OE"A"'O L. SECK THOMAS .. HUM"HltEV. JR. ~ETER M. alECK JON S. SWIEAZEWSMI THOMASJ. "LVNN ROOE"ICK I. MACKENZIE JAMES P.OUINN ROBERT G. "ENNER. JR. OANIEL A. OUINLAN JEROME H. KAHNKE TODD I.,.AEEMAN ANDREW J. MITCHELL DAVID O. MOELLER JOHN A. COTTER- KATHLEEN t14~OATES. THOMAS G. M...c:DONALD- e"ACt..EY H. LEHRMAN .EATRICE A. ItOTHWE....EIIlt SHEARILL OMAN ICURETICH PAUL .. PLUNKETT SUSAN It. aURNIGHT AtI4Y DARR CU'ADV ALAN L. KILDOW GA"TH C. COLL~A MARK Eo DUVAL KATHLEEN.... PICOTTENEWM-'N .......IItAY A. KOCH PETE" J. COYLE CATHERINE .A"HETT WILSON- 1500 NORTHWESTERN FINANCIAL CENTER 7800 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE (6121 835-3800 TELECOPIER NO. (5121835-5102 1700 F"IRST B"NK P~CE WEST 120 SOUTH SIXTH STREET MINNEAPO~IS. MINNESOTA 5S402 TELEPHONE 15121 338-5510 F"EDERAL PR..CTICE PARTNERSHIP LARKIN, NOEL & F""~K SUITE 1110 1301 PENNSY~V"NI", N. W. WASHINGTON, D.C.20004 TELEPHONE 12021737-1000 0" COUNSEL JOSEPH QITIS THOMAS H. CAAEV -ALSO ADMITTED IN WISCONSIN The Honorable Robert Rascop and Members of the City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Traffic Study for the City of Shorewood Proposed Developments Southwest of Trunk Highway 7 and Vine Hill Road Dear Mayor Rascop and Members of the City Council: The purpose of this letter is to express Mr. James F. Winstead's interest and concerns regarding the roadway changes on Trunk Highway 7 (T.H. 7) in the vicinity of Vine Hill Road recommended by the City of Shorewood's (the City) consulting engineers to serve the Trivesco Planned Unit Development (the Trivesco PUD). Mr. Winstead is the owner and operator of the Burger King Restaurant located at the south intersection of T.H. 7 and Vine Hill Road (the T.H. 7/Vine Hill Road Burger King Restaurant). The street address of the restaurant facility is 19425 T.H. 7. Burger King has been a resident business in the City for almost ten years. Recommended Roadway Changes The recommended roadway changes, which are described in a report entitled "Traffic Study for the City of Shorewood - Proposed Developments Southwest of T.H. 7 and Vine Hill Road," September 1984 (the Traffic Study) prepared by Orr-Schelen-Mayeron and Associates, Inc., the City's consulting engineers, are intended to serve the Trivesco PUD and other planned developments in the surrounding area. They include construction of a new half intersection on T.H. 7 approximately one-quarter mile weGt of the Vine Hill Road intersection (}' '. LARKIN, HOFFMAN, The Honorable Robert Rascop and Members of the City Council February 12, 1985 Page 2 (. DALY & LINDGREN, LTD. and closure of the south leg of the Vine Hill Road intersection. The inplace signalized intersection at T.H. 7 and Vine Hill Road would be reconfigured as a "T" intersection to the north. Construction of a separator island would prevent traffic movements to or from the north across T.H. 7 and to or from T.H. 7 either east or west of the Vine Hill Road intersection. The roadway changes would also require revisions to the existing right and left storage lanes which presently serve movements that would be eliminated and minor reconstruction of the existing traffic signal system. History of Trivesco PUD and Recommended Roadway Changes The Trivesco PUD is proposed to include 90 single-family units, 144 condominium units, and 60,000 to 80,000 square feet of commercial uses on 107 acres of land generally located between T.H. 7 and Covington Road west of Vine Hill Road. The Trivesco PUD requires amendments to the land use and transportation elements of the City of Shorewood Comprehensive Plan (the Comprehensive Plan). The proposed land use amendment allows construction of high-density and commercial development on land currently designated for low-density residential use. The proposed transportation amendment provides for construction of a new collector street and a new intersection with T.H. 7. The text of this proposed amendment specifically provides that "the current Vine Hill Road intersection and configuration should be studied for its relationship with the proposed intersection." The first phase of the Trivesco PUD, the single-family development, does not require amendments to the existing Comprehensive Plan. However, Planning Department memoranda indicate that the multiple-family and commercial areas would not be developed "until the intersection question is resolved." In April 1984 the City transmitted the Trivesco PUD booklet to the Metropolitan Council and notified the Council of the proposed amendments to the Comprehensive Plan, including a possible new intersection at T.H. 7. In May 1984 the City and Trivesco entered into a development contract concerning cost-sharing for a transportation study of the new intersection (hereinbefore and hereinafter referred to as "the Traffic Study"). On May 3l~ 1984, Mr. William Crawford, Minnesota Department of Transportation (MNOOT) District 5 Engineer, advised the City in writing that "the City of Shorewood and/or the developer should cover 100% of the cost for the new intersection and signals if it is to be implemented." He further commented that "additional study is needed,concerning the proposed T.H. 7 intersection and its relation to the intersection on T.H. 7 at Vine Hill Road. As you know, improvements were proposed for the south frontage roau that have yet to be implemented. The proposed changes . . LARKIN, HOFFMAN, DALY & LINDGREN, LTD. The Honorable Robert Rascop and Members of the City Council February 12, 1985 Page 3 it'.. at Vine Hill are necessary to improve the traffic flow at the intersection with T.H. 7." Mr. Crawford's latter statement seems to imply that the existing intersection, including access to the south frontage road, should be improved either as a part of, or prior to, consideration of the proposed new intersection. In June 1984 the City Council approved the Comprehensive Plan amendments subject to review and approval by the Metropolitan Council. On September 14, 1984, the Metropolitan Council Chair advised the City in writing that "the proposed amendment may have a potential adverse impact upon metropolitan system plans. . . 1 (t)he potential system impact is the intersection of the proposed collector with Trunk Highway 7." The Metropolitan Council therefore "encouraged" the City to complete the Traffic Study and reach agreement with MNDOT on the improvement prior to Council action on the Comprehensive Plan amendments. On October 15, 1984, the Traffic Study was transmitted to the Metropolitan Council and to MNDOT. On November 30, 1984, Carl Hoffstedt, Transportation Planning Engineer,. MNDOT District 5, submitted written comments to the City on the Traffic Study. Those comments indicated in part that the City will be required to obtain .all new right-of-way outside of the inplace T.H. 7 corridor to facilitate detachment of frontage roads and intersecting streets as required for the recommended roadway changes described in the Traffic Study. MNDOT's November 30 comment letter was silent on the availability of either state or federal (hazard elimination safety) funds to pay for any portion of the costs of the new intersection. Effect of Recommended Roadway Changes on the T.H. 7/Vine Hill Road Burger King Restaurant The roadway changes recommended in the Traffic Study will have significant adverse effects on the operation and property values of the T.H. 7/Vine Hill Road Burger King Restaurant. They will , extinguish Burger King's existing direct access between the south frontage road and T.H. 7. They will eliminate traffic movements on Vine Hill Road to or from the north and to or from T.H. 7 either east or west of the existing intersection. The distance to the new intersection is approximately one-quarter of a mile and affords, at best, circuitous and confusing access to the Burger King site from the main thoroughfare. Implementation of the recommended roadway changes substantially impairs Burger King's right to reasonably convenient and suitable access to the main thoroughfare in at least one direction. Such . . LARKIN, HOFFMAN, DALY & LINDGREN, LTD. The Honorable Robert Rascop and Members of the City Council February 12, 1985 Page 4 substantial impairment of the right to reasonably convenient and suitable access is a deprivation of property for which compensation must be paid. Hendrickson v. State, 267 Minn. 436, 127 N.W.2d 165, 173 (1964). Minnesota cas~ law has long recognized that a landowner is entitled to compensation where his direct right of access is taken, even though other, but less satiSfactory, means of access are made available. See, e.g., In the Matter of the Condemnation by the City of Chisago City v. Leroy Holt, Minn. Ct. App., January 11, 1985~ City of St. Louis Park v. The Almor Company, 313 N.W.2d 606 (Minn. 1981)~ Johnson Brothers Grocery, Inc. v. State, Department of Highways, 304 Minn. 75, 229 N.W.2d 504 (1975)~ Hendrickson v. State, 267 Minn. 436, 127 N.W.2d 165 (1964). The nature of the T.H. 7/Vine Hill Road Burger King Restaurant is a critical factor in evaluating the severity of the impairment of access attributable to the recommended roadway changes. The T.H. 7/ Vine Hill Road Burger King is a quiCk service/convenience restaurant facility, as opposed to a destination-type restaurant. Studies by Burger King Corporation and the Institute of Traffic Engineers indicate that 25% .to 55% of.the trips to and from the restaurant are "intercepted" from trips already on the roadway system. To specifically address this point, Burger King staff conducted a survey among customers at the store located at 100 West 98th Street in the City of Bloomington. This survey was conducted on Tuesday, July 29, 1980, and on Saturday, July 26, 1980. The following question was asked of a representative sample of customers who drove a vehicle to the Burger King: "Is Burger King on your route to your destination?" During the Tuesday noon period, 55% of the respondents answered yes to this question. The portion of affirmative responses was in the 70% to 80% range on Saturday and during the p.m. peak period on TueSday. Reasonably convenient and suitable access to a major well-traveled thoroughfare in at least one direction is therefore critical to the effective operation of any Burger King facility. If a passing motorist cannot readily determine how to get to a Burger King facility without a "road map," he or she is not likely to bother to make the trip. Mr. Winstead has indicated that he rejected location of a Burger King restaurant on the Phoenix Garden site in favor of his existing location at 19425 T.H. 7 which affords direct access to the main thoroughfare. Although Mr. Winstead has not obtained detailed professional studies of the amount of damages attributable to the recommended roadway changes, he has preliminarily estimated that their implementation would diminish the market value of his property by approximately 30% to 50%. Similarly, he estimates that there will be a 30% to 40% decrease in sales with proportionate substantial negative effects on the resale value of the business, pretax annual proiit, and personal net worth. . . LARKIN, HOFFMAN, DALY & LINDGREN, LTD. The Honorable Robert Rascop and Members of the City Council February 12, 1985 Page 5 Barton-Aschman Observations Concerning Recommended Roadway Changes _ Negative Traffic and Transportation Effects of Replacement of Existing Intersection By Two Half Intersections. Mr. Winstead has retained the consulting firm Barton-Aschman Associates, Inc., to assist him in evaluating the effects of the roadway changes recommended in the Traffic Study on the operation of the T.H. 7/Vine Hill Road Burger King Restaurant and on the existing local and regional roadway system. At the January 21 public informational meeting and the January 28 pUblic hearing on the Traffic Study, Mr. Kenneth Anderson, a Barton-Aschman traffic engineer, made several observations concerning negative traffic and transportation effects of the recommended roadway changes. They are summarized as follows: 1. Introduction of a north-south discontinuity for traffic movements through and between the communities of Shorewood, Deephaven, and Minnetonka. 2. Introduction of one additional signalized intersection for traffic using T.H. 7. a. Increased accident potential on main thoroughfare due to hazardous conditions. MNDOT's .Safety Improvement Project Evaluation" examined 100 traffic signal improvement projects during the period from 1981 through 1983. The study indicated that "improved" signals generate 1.3703 accidents per million vehicles entering an intersection (Acc/MV) compared to a rate of 2.0272 Acc/MV before improvements. The "after study" found an average right angle collision rate of 0.3342 Acc/MV compared to a rate of 0.8015 Acc/MV before improvements. Using the current average daily traffic volumes on T.H. 7 of 35,000 vehicles per day, the additional traffic signal can be expected to result in 17 accidents per year, including four right-angle collisions. North-south movements crossing T.H. 7 will be forced to make a series of right and left turns to reach their destination. This will require crossing two lanes of traffic in a short distance to enter the left-turn lane and delay at two traffic signals rather than one. Although such cross-weaving maneuvers can be made at times when T.H. 7 traffic is stopped by the red signal phase, when mainline traffic volumes are relatively light, right-turn-on-red movements are attractive for these drivers. Because of large speed differentials between highway traffic and wea~ing vehicles, this movement (. LARKIN, HOFFMAN, The Honorable Robert Rascop and Members of the City Council February 12, 1985 Page 6 r' .. DALY & LINDGREN, LTD. can be very hazardous. Although right-turn-on-red movements can be prohibited, legitimate. right-turn vehicles would then be forced to wait for a cross street green interval which would result in an appropriately longer segment of the signal cycle allocated to the cross street. b. Increased public costs attributable to user delay. The Federal Highway Administration manual .Procedures for Estimated Highway User Costs, Fuel Consumption, and Air Pollution. March, 1980, estimates the cost of speed change signal cycles to be about $27.50 per 1,000 cycles (50 miles per hour to a stop) more than the cost of continuing at initial speed for passenger cars. Assuming that an additional traffic signal will stop 60% to 70% of the highway traffic, the user costs in 1975 dollars will approach a quarter of a million dollars per year. 3. A number of the existing business establishments at the existing intersection, including but not limited to the T.H. 7/Vine Hill Road Burger King Restaurant, will suffer substantial impairment of the right to reasonably convenient and suitable access to the ma~n thoroughfare. As indicated by Duane Brown, MNDOT District 5 Engineer at the January 28 public hearing, required payment of compensation to affected property owners may alter the cost- benefit ratio of the recommended roadway changes so as to disqualify them for hazard elimination safety funding. This could mean that the City would be required to fund 100% of the cost of the recommended roadway changes as described in MNDoT's May 31, 1984, correspondence. - Barton-Aschman Observations Concerning Reconstruction of the Existing Vine Hill Road Intersection as an Alternative to Recommended Roadway Changes. As discussed at the January 21 public informational meeting and the January 28 public hearing, MNDOT has proposed a number of improvements at the existing Vine Hill Road intersection which would relocate the south frontage road, thereby reducing accidents and improving capacity at the intersection. Mr. Winstead's traffic consultant, Barton- Aschman has also prepared and reviewed with City staff and the City's consulting engineers alternative concept layouts for reconstruction of the existing Vine Hill Road intersection in lieu of construction of a new half intersection one-quarter of a mile to the west. ~:t . (. (. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ~ ' The Honorable Robert Rascop and Members of the City Council February 12, 1985 Page 7 Reconstruction of the existing intersection of Vine Hill Road and T.H. 7 as an alternative to the roadway changes recommended in the Traffic Study has the following potential advantages: 1. Preservation of the existing businesses' right to reasonably convenient and suitable access to the main thoroughfare in at least one direction, thereby avoiding deprivation of property rights for which compensation must be paid. 2. Mitigation of the secondary intersection accident hazard at this location. 3. Provision of adequate capacity for the Trivesco PUD and existing and planned developments in the surrounding area. The predominant traffic flow from the Trivesco PUD (55% of the trips generated) would follow a natural path along the frontage road to the existing reconstructed intersection. 4. Preservation on city streets and frontage roads of collector route continuity between communities, rather ~han forci~g such movements to utilize the main thoroughfare, T.H. 7. 5. Substantially improved access between homes and businesses north of T.H. 7 and developments south of T.H. 7. 6. Potentially greater likelihood of qualifying for hazard elimination safety funds because all improvements would occur at the existing intersection and the adverse cost effects of substantial impairment of existing businesses' access rights would be eliminated. 7. Substantially reduced overall public cost as compared to implementation of the recommended roadway changes. Barton-Aschman's preliminary analysis of the feasibility of reconstruction of the existing intersection to accommodate the Trivesco PUD and existing and planned developments in the area indicates, however, that at least two existing businesses must be removed or severely impacted to reconstruct the existing intersection. Right-of-way must also be purchased. Mr. Winstead and the existing businesses south of T.H. 7 would be willing to work with the City and other affected property owners to arrive at a mutually agreeable solution to these concerns. Potential sources of local funds which the City may wish to consider for right-of-way acquisition and construction costs include tax increment financing, special assessment districts, and developer/land owner dedications or land trades. ...._ l: . . L..t\.RKIN, HOFFMAN, DALY & LINDGREN, LTD. The Honorable Robert Rascop and Members of the City Council February 12, 1985 Page 8 Recommendations 1. T.H. 7 Corridor Study. Mr. Winstead concurs in the written comments on the Traffic Study submitted by the City of Minnetonka which recommend that the cities of Minnetonka and Shorewood, in conjunction with other affected communities; request MNDOT to undertake a corridor study of T.H. 7 between Highway 101 and some point in the City of Excelsior. The corridor study, which it is assumed would require appropriate participation and cooperation by the affected communities, could address the current transportation deficiencies along the corridor and provide a comprehensive long-range plan for improvements to T.H. 7. 2. Defer Action on Recommended Roadway Changes Pending Further Consideration by the City, MNDOT, and the Affected Communities and Property Owners of Comparative Costs and Benefits of Reconstruction of Existing Intersection Versus Construction of Two Half Intersections. In the interim, un~il the comparative study is completed and appropriate solutions determined, Mr. Winstead requests that the new intersection of T.H. 7 and Old Market Road not be constructed. Old Market Road, the new collector street, could intersect with the existing south frontage road which would continue to provide access to T.H. 7 at Vine Hill Road. As previously discussed in this letter-memorandum, the existing roadway system can accommodate the first phase of the Trivesco PUD. However, consideration should also be given to requesting MNDOT to implement the limited improvements or a modified version thereof which it had previously planned to construct in 1984, but temporarily delayed. Sincerely, 4~~ Linda H. Fisher, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. mp LHF:AA7 .. !:.oa ( ~i;:~ONKA CITYtUNCIL (it FEO.-l 91985 REGULAR MEETING, TUESDAY, FEBRUARY 19, 1985 OTHER BUSINESS (Continued) PAGE 10 OTHER BUSINESS 21. Authorization for the MaY9r and City Manager to enter into an agreement with SCHOELL & MADSON, INC., for engineering services in connection with the NORTH T.H. #12/PLYMOUTH ROAD (MARION LANE) REDEVELOPMENT AREA PROJECT NO. 5336. Action recommended is a motion to approve. 22. Preliminary approval of Plat No. 1591, a subdivision with variances, to be known as KELLY GREENE for GERALD GREENE at 5409 Highland Road. Action recommended is a motion to approve with Staff and Planning Commission recommendations. 23. Resolution calling for a public hearing on a proposal for a commercial facilities development pursuant to the Minnesota Municipal Development Act for the 12/18 MINNETONKA PARTNERSHIP in the amount of $1,960,000. Action recommended is a motion to not adopt the reso- lution. Resolution recommending that the CITY OF SHOREWOOD reject the proposed plan for the T.H. #7 access as proposed by the OSM STt~Y and also recommending that the MINNESOTA DEPARTMENT OF" TRANSPORTATION study the T.H. #7 Corridor from west of T.H. #101 to Excelsior to determine the total access needs. Action recommended is a motion to adopt the resolu- tion. .. .. (' '. (e COUNCIL LETTER NO. 85-104 MEETING OF February 19, 1985 RE: RESOLUTION RECOMMENDING THE CITY OF SHOREWOOD REJECT THE PROPOSED PLAN FOR THE T.H. #7 ACCESS AS PROPOSED BY THE O.S.M. STUDY AND ALSO RECOMMENDING THAT THE MNIDOT STUDY THE T.H. #7 CORRIDOR FROM WEST OF T.H. .101 TO EXCELSIOR TO DETERMINE THE TOTAL ACCESS NEEDS HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Staff was informed that the City of Shorewood had the consulting firm of Orr-Schelen-Mayeron & Associates, Inc. make a traffic study of the. access to and from T.H. #7 in the viciniti of the existing Vine Hill Road access. The study was made in conjunction with the proposed residential development south of T.H. #7 and west of Vine Hill Road in Shorewood. Recommendations made in the study were that the south leg of the existing Vine HilI/T.H. #7 access be closed and that a new partial access point be established approximately 1/2 mile west of the existing Vine Hill access point. This would make the access to. and from T.H. #7 very devious for Minnetonka residents living south of T.H. #7 and east of Vine Hill Road. It would also be a very devious access for Minnetonka and Deephaven residents living north of T.H. #7 that desire to get to Minnetonka Senior High School. In addition, this would also have the potential of increasing the travel on some ~f the local ,streets within Minnetonka. For these reasons, Staff ~s recommend~ng that the Shorewood Council reject the proposed plan for access to T.H. #7 as proposed in the O.S.M. Study. It is Staff's recommendation that the Minnesota Department of Transportation be requested to initiate a corridor study of T.H. #7 from west of T.H. 1101 to the City of Excelsior for the following reasons: 3) ~) There is significant accident experience along this segment of T.H. #7. There is difficulty in gaining access to T.H. #7 with the current mixture of awkward and unorthodox access positions. There are capacity problems at several locations, particularly the Vine Hill Road intersection. There are geometric and design problems, including narrow medians, abrupt curvatures and a lack of adequate lighting. . ~* ff8 19 1989 1 ) 2) .. . , ~.. . (. COUNCIL LETTER NO. 85-104 (continued) MEETING OF February 19, 1985 Page 2 5) The frontage roads along T.B. '7 are very discontinuous and contribute to the use of residential streets for access purposes. 6) There currently is a lack of north/south continuity for roadways crossing T.H. '7. . In the interim, it is suggested that consideration be given by the Minnesota Department of Transportation to implement the limited improvements at the T.H. ,7/Vine Hill Road intersection that it had planned to construct in 1984 but temporarily delayed. This would provide some additional capacity and safety at that inter- .sect1on by updating the signals and narrowing and channelizing the entrance to T.H. '7 on the south side. Based on the foregoing information, it is recommended that the City Council at its meeting of February 19, 1985, adopt the following motion: " That the Resolution recommending the CITY of SHOREWOOD reject the proposed plan for the T.H. .7 ACCESS as proposed by the O.S.M. Study and also recommending that the Mn/DOT study the T.H. '7 Corridor from west of T.H. tlOl to Excelsior to determine the total access needs, is hereby approved. . Respectfully submitted, ./.~ James F. Miller City Manager By: Donald L. Asmus, P.E. Director of Engineering eel p.~ ft.' 19 \986 .~ ~ . February 6, 1~ Harry Niemela, Owner Furniture Liquidation Store 19385 State Highway 7 Excelsior, MN 55331 Dear City Council: RE: CONSIDERATION NOW AND BEFORE THE COUNCIL OF THE POSSIBLE CLOSING OF THE EXISTING SOUTHERN HALF OF THE INTERSECTION AT VINE HILL ROAD AND STATE HIGHWAY 7 EITHER BY RELOCATION OR OTHER METHODS. By reasons and explanations to follow in this letter, I want to clarify why I oppose any change at the intersection that is not justifiable now or in the future. One issue was brought up early in the discussion as to the reasons for altering this intersection and that was safety. Safety at this intersection, with comparison to other intersections along Highway 7, is not as critical as compared to several other intersections on this route. Furthermore, the accidents that were evidenced at the intersection could not be judged as to the actual fatalness. In these accidents, drivers could have been committing a safety violation which could happen at any other intersection. The state accider.t reports appeared undefined and incorrect as to the definition of the number of serious accidents at the intersection. To comment on what results or improvements will a new relocated intersection result in as to the safety of traffic on Highway 7: Traffic to get to the north side of Highway 7 or Deephaven from the south side of Highway 7 or Shorewood, it would require a driver to merge onto the highway and then go through one complete lane change in order to get into the turning lane to go north or south, whichever direction they're going in. The merging and changing of lanes within a relatively short distance would be unsafe. To compound this maneuver consider the winter driving conditions of snow and iced roads, frosted windows and mirrors, which will increase the risks of making this north-south travel more unsafe. Is the safety of drivers really improved by constructing a new intersection rather than the straight through north-south flow of traffic at the existing intersection? I don't believe it is. What if the current intersection was upgraded and improved? Has that been considered and properly addressed? I truly believe it hasn't. Another consideration that was brought up at the January 28 council meeting by myself and several other business owners - and even a representative of the MN DOT - is the loss of value of the commercial properties at the intersection and the great loss of revenue generated because the businesses are located in a strategic position with easy accessibility from Highway 7. The value of my business and property directly depends upon people getting to and from the business with the least amount of driving inconvenience. The value of the rental portion of my property (presently rented by the Shorewood Liquors) would decline if the intersection was closed off or effectively changed. The furniture store would not gain, and will lose business due to the difficulty of people getting there. - i . . City Council Page 2 February 6, 1985 Since 1939 a furniture store or like business has been located at the Vine Hill Road and Highway 7 intersection. It is and can be proven that my property and business will be devalued by the actions of the city to alter or close the existing intersection. It is hard to believe and understand the feelings of the city on this issue if they decide to close this intersection and relocate it from where it exists today. Many of the businesses in this south sector off Highway 7 will be gravely affected and hurt. It should be understood that these businesses will have to close after many years of paying their share of city taxes as well as the many, long hours of work to establish a business. It is not fair to any business, mine or somebody else's, if they are not given the the consideration of the economic impact of a change. The financial rewards of a new, relocated intersection is great for the developers of the commercial portion of the Trivesco Development; however, in exchange and at the cost of the existing businesses at Vine Hill Road and Highway 7!!! I finally wish to say, that the existing businesses would be willing to work with the city and the state to examine the possibilities of upgrading and improving the existing intersection with the least amount of damage to the existing business community. Sincerely, ~c- ~~~. /. Harry Niemela, Owner A I . ~ 2950 4TH AVENUE SOUTH. MINNEAPOLIS. MN 55408 · (612) 827-2541 January 28, 1985 TO: Mayor, Council Members, Staff of the City of Shorewood FROM: Ed Flaherty, Property owner 19465 Hwy 1, Shorewood SUBJECT: Closing of Vine Hill Rd & Hwy 7 Intersection FOR THE RECORD As the owner of the above property, I find it very distressing to be putting myself on record regarding the closing of Vine Hill and Hwy 7 intersection six months after Ilve made a multi hundred thousand dollar development a few hundred feet from this inter- section. I was led to believe this decision was years in the future from the time I was to develop my property. I have a number of concerns other than the 'above regarding this proposal. First, Ilve heard no discussion about how the existing businesses would get equitable treatment with the proposed new development and what financial relief we may get from eliminating what is in effect a curb cut to Hwy 7. I would estimate at this stage of our business life that we may loose 30 to 50% of our business if this closing takes place. It would reduce the value of the property 35 - 40%. This would financially catastrophic! Second, Ilm amazed that a study commissioned by the City to analyze the need for an intersection at the Trivesco Development concludes in one brief paragraph stating that Hwy 7 and Vine Hill should be closed. This is poor planning, engineering and logic. I would support a corridor study of Hwy 7 from Hwy 101 to Excelsior to determine needs and then address the Hwy 7 & Vine Hill closing, or more importantly, look at its realignment. Third, I was told by the consultant at the Jan 21, 1985 informational meeting that the issue was_solely safety. In trying to demonstrate this on the blackboard, he showed only partial data inconsistent with his study. Only 4 of the 14 accidents occurred on the frontage road, the balance were on Hwy 7. It looks to me like the problem is not solved by closing the intersection to the south, when 10 accidents on Hwy 7 would happen whether the intersection is closed or not. ~ ' . . It is an empirical fact that placing another intersection and traffic light at an intersection causes more accidents. How can the Trivesco intersection be justified on the basis of safety? Fourth, the City Engineer is saying the issue on realigning the Hwy 7 and Vine Hill intersection was cost. No one has addressed the possibility that incurred taxes generated by the Trivesco Development could finance the realignment of Hwy 7 and Vine Hill and at the same time not require another intersection, and the increased safety hazard associated with it. How do you reconcile the opposite positions of safety vs. costs? Fifth, I was told by the city staff at the time of the Trivesco Development application that in no way was this development tied to the evaluation of the Hwy 7 and Vine Hill intersection. This is not proving to be true. Consequently, I was not allowed to raise these issues at the Trivesco public hearings. Something isn't quite right here! Sixth, the businesses at Hwy 7 and Vine Hill would like to work with the City to realign the intersection. These is unanimity of plan and a reasonable attitude that can solve this problem without closing the intersection and killing the businesses there. I think the City should be looking at the options we as businesses are proposing to solve.this problem, without negative impact on the existing business at Hwy 7 and Vine Hill. Seventh, there is a total lack of cost analysis that has been made available. I suspect it has not been done. Here are some questions this analysis should raise. a) What is the cost to realign Hwy 7 and Vine Hill vs. installing another intersection? b) What is the cost to realignHwy 7 and Vine Hill vs. right in, right out at Trivesco and a left turn lane on Hwy 7 at Trivesco? c) What is the cost of killing the businesses at Hwy 7 and Vine Hill if it is closed? Has this cost been included in the total cost comparison? d) How can accident reduction funds be justified for the new intersection when the consultant~ data on the Hwy 1 and Vine Hill accidents are incomplete and inconsistent? e) What are the lost costs in reduced taxes to the City for those businesses whose property has been devalued by the closing on the Hwy 7 and Vine Hill intersection? In summary, I ask you to consider the points I've raised. Take more time to study the issues before making a final decision. Tne livelihoods of a lot of businesses and employeea~re riding on it. Sincerely, Ed Flaherty .- -- -- Rfc'n FEB 041985 I (J January 31, 1985 Council Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Closure of the Intersection at Highway #7 and Vine Hill Road Dear Council Members: Good Music Agency, Inc. was very distressed when we heard the news of your closing the intersection upon which our business is located. We feel that if this intersection is closed there will he a substantial decrease in our property value and would be entitled to compensation commensurate with the loss of our business and marketability of our property. Our exact address is 19245 Highway #7 located next to the Skipperette. At the present time our clients have easy access to our building when they are traveling East or West on Highway #7 and North and South on Vine Hill Road. If this intersection were to be closed on the south side we feel our clients would have a hard time finding us with your proposed plans. At the present time we are marketing our building as we would like to relocate downtown Minneapolis. On the top of our list for selling points is the intersection, two businesses down for easy access. Two potential buyers have said they would not be interested in purchasing this property if the South side of our intersection is closed. In summation Good Music Agency, Inc. feels that the City Council should consider the present businesses at the intersection before a new commercial development. Not ly are we on-going businesses but we are the tax payers t ~~ City of Shorewood. / / /sus I' Vice SBN/las The Good Music Agency Inc.@ ~ Post Office Box 437, Excelsior, Minnesota 55331 612/474-2581 Greater Minneapolis Offices .t.:. ,., . . Fa 20 1881 MICHAEL..J. DOHERTY 11882-1.731 WILFRID E. RUMBLE .,8.,-,.711 PIERCE BUTLEA, ..JR. ....3-1.571 .J.C.FOOTE IRVING CLARK FRANK CLATBOURNE .JOHN L.HANNAFORD PERRT M.WILSON,.JR. .JEROME HALLORAN HENRY D. FLASCH EUGENE M.WARLICK ..JAMES K.WITTENBERG . .JOHN .J. M"GIRL,..JR. THOMAS E. ROHRICHT BOTD H.RATCHTE RALPH K. MORRIS BRUCE E. HANSON .J. LAWRENCE MIOINTTRE RICHARD A.WILHOIT WILLIAM .J. COSGRI.... RICHARD B. PETERSON RONALD A. ZAMANSKT DEAN R. EDSTROM C. ROBERT BEATTIE DAVID G. MARTIN STEPHEN T. REFSELL TlMOTHT R.QUINN ALAN I. SILVER .JAMES R.CRASSWELLER DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW TELEX 280-835 .JOHN A. TILEK .JE....RET B.OBERMAN GREGORY A. KVAM ROBERT S.BRILL PENELOPE A. HUNT PHILIP L. ERICKSON WILLIAM L. SIPPEL KIMBALL.J. DEVOY MARC W. LARSON DAVID P. DYSON ELIZABETH HOENE MARY E. PROBST LISA M.HURWITZ KAREEN R. ECKLUND BRENT D. BOSTROM ANN E. TOBIN DONALD S. M'CAULEY CYNTHIA M.WHITE"ORD DAVID P. SWANSON RONALD D. MS"ALL ROBERT P. MANDEL SUSAN C. WEINGARTNER PATRICK GARRY 0.. COUNSEL DANIEL W.O'BRIEN WI LLIAM B. RANDALL FRANK S. FARRELL RICHARD H. MAGNUSON 3750 IDS TOWER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 18121 340-5555 WRITER'S DIRECT DIAL NUM BER 340-5566 SAINT PAUL OFFiCe: E 1500 FIAST NATIONAL BANK BUIl.DING SAINT PAUL, MINNESOTA 55101 TELEPHONE 18121 281-8333 February 11, 1985 City of Shorewood 17736 Excelsior Boulevard Minnetonka, Minnesota 55343 Attention: Mr. Gary Larson, Esquire City Attorney Dear Mr. Larson: I write to you as special counsel for Minnetonka Moorings, Inc. Minnetonka Moorings, Inc. has retained the undersigned to prepare the necessary documentation to accomplish the following transactions: 1. Exhibit A Minnesota tion will operation Transfer of fee title to the property described on from Minnetonka Moorings, Inc. to a to-be-formed non-profit .corporation. The non-profit corpora- be a member-owned yacht club responsible for the of the facilities. 2. The yacht club would sell membership interests for each of the 80 slips located at the subject property. Along with the purchase of the membership interest, the yacht club would grant a proprietary lease to each individual member for a designated Slip. As part of the information package being prepared in connection with these transactions, we would like to include a letter from the City of Shorewood stating that all licenses from the City as well as the conditional use permit which runs with the subject property are currently in place and will remain in effect upon the completion of the trans- . actions outlined above. (p .. ..il . . DOHERTY. RUMBLE & BUTLER PROFESSIONAL ASSOCIATION City of Shorewood Attn.: Mr. G. Larson February 11, 1985 Page Two The City of Shorewood has requested that Minnetonka Moorings pay its dock license fee by February 19, 1985. A check will be submitted. As we discussed during our telephone conversation, the documentation, including the informational brochure, is presently being prepared. It will show that the facility will continue to be operated in the same manner as it has been operated in the past. I would appreciate it if you would arrange to have the City of Shorewood issue the letter requested above. In order to facilitate the timing of the transaction, I would appreciate it if you would notify me of your approval of the concept outlined above, subject to receipt of a copy of all the documentation being prepared in connection with the transaction. The final letter can then be issued upon your review of the documents that reflect the transactions outlined above. Thank you very much for your cooperation. Very truly yours, DOHERTY, RUMBLE & BUTLER Professional Association ~,4 tJ Ronald A. Zamansky RAZ/ann cc: Minnetonka Moorings, Inc. <oJ '(X ~IY : . . ORR.SCHELEN.MAYERON & ASSOCIATES. INC. Consulting Engineers Land Surveyors February 19. 1985 City of Shorewood 5755 Country Club Road Shorewood. MN 55331 Attn: Mr. Dan Vogt. Administrator. Re: Final Plat of Harding Acres Dear Dan: We received the grading. drainage and utility plans for the final plat of Hard- ing Acres from TKDA. the developer's engineer. However, we did not receive a copy of the final plat. Our review of the information received will address the following items: 1. Grading 2. Drainage a. Storm Sewer 3. Utilities a. Sanitary Sewer b. Water 4. St reet s 1. GRADING The grad i ng plan shows the revi sed contours. Most of the revi s ions occur in Block 4, Lots 6 - 10. As shown on the grading plan the cross-lot drainage on those lots is significant. This condition is critical in providing proper drainage from south to north. When the building permits come in for these lots provisions for this continuous drainage must be insured. Items such as retain- ing walls or earthen berms should not be allowed unless they provide for this cross-lot drainage. Due to the grading required for the storm water storage pond. the building envelope for Lot 5 is quite small. At the same time the storm water storage pond should be somewhat larger to insure that runoff after development does not exceed runoff prior to development. Additional storage capability should be provided somehow. The Minnehaha Creek Watershed District should also address this item. As of this writing we have not received anything from them. 2'21 East Hennepin Avenue . Suite 238 . Minnt~anoli.<; Minnp<:nfR fi1l41':l . 1\1? 1':l~1_ RI;Rn 9 .' ' .. . .. Page Two Mr. Dan Vogt, Administrator February 19, 1985 Where the storm water pond is shown it falls exactly on the top of 'the existing 911 sanitary sewer pipe serving Glen Road. While this is not the most desirable situation it could be allowed providing there is a minimum cover over the top of the pipe of 3.5' (same as depth requirement for frost footing). Also, the existing manholes must be protected and left at an elevation to insure they will not be flooded. A critical period for protecting this pipe is during the grading process. Extreme care must be taken to insure that the existing 9" P.V.C. pipe is not crushed or disturbed in any way. 2. DRAINAGE The drainage has been properly addressed on Harding Lane as shown on the STORM SEWER AND SlREET Sheet, Sheet No. 2 of 2, with the exception of the storage pond size as noted previously. Further discussion regarding the pond size is required when we hear from the M.C.W.D. One additional item is required on the discharge end of the 24" R.C.P., a surge basin to prevent erosion from occurring. This can be installed in lieu of the flared end section as shown on the drawings. The drainage on Wedgewood will be disturbed during the installation of the sanitary sewer. This must be restored after construction as well as handled during construction with the appropriate erosion control measures. 3. UTILITIES )$ a. Sanitary Sewer: As menti oned previously, the exi sti ng sanitary sewer will be under the proposed ponding area. Minimum cover of 3.5' must be maintained and the integrity of the pipe and manholes insured during and after construction. Connecti ons to all exi sti ng sewer structures, whether pi pes or man- holes, shall be detailed on a special sheet contained in the specifi- cations or shown on the pl ans. These detail sheets must be submitted for review and approval prior to construction. There is no sewer service shown for Lot I, Block 3. It could be served by Manhole 5 shown on Sheet No.1 of 2, SANITARY SEWER. The connection to exi sting Manhol e 35-21 must be 1-2' above the bottom with a finished grouted invert. b. Water: There is no water main shown or discussed. We assume the developer will pursue this final plat with the intention of using indi- vidual wells when the houses are built. If so, this must be addressed on the building permit application. ... . .) . . it. . Page Three Mr. Dan Vogt, Administrator February 19, 1985 4. SlREETS The streets as Shown are adequate with the exception of a minor change <on the TYPICAL SECTION. The bituminous berm must be changed to an Integral Shoe- Formed Curb. This must be put down with the wear course. As a general statement, all work must be done in accordance with the City of Shorewoods' standards and the City Engineers Association Construction Stan- dards. Should you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. cY- f. 1),~ James P. Norton, P.E. JPN:mln cc: Charles L. Wetzler, TKDA Ed Otto, Otto Associates Gary Larson .. "' FUND # 60 Acct # 4702 4703 4704 4705 4706 4708 4709 4710 11712 4713 . REVENUE SOURCE Spec Levy Debt Transfer from OF Water-City Connect Sale of Meters Water Sales Water II Exc. Water II T.B. Water II Mtka Water Cull by Cnty Water Permits . 'l'Ol'AlS . WATER FUND REVENUES ACWAL AC.-ruAl. BUOOET JAN-NOV 19/32 1')!:l3 19t!4 1984 $_ $~~ $139. 834:~ 52,625 -aoo 450 :/ ' 6bO 1 , 084 ~ 16,704 ~~ -L...ll2 ~ ~.~ - ~ ~ 545 --llQ ___~Q2 275 ANNUAL PIllFOSED Est-84 19&5 $139.834 $. 40.625 500 450 750 26.500 450 1.224 25..333 - 1. 034 500 300' 250 JlIiXXMoDD . AIXlP1'1iI 1985 1985 $.40,625 $. 500 - 450 750 26.500 ... 500 250 $21.947 $41.328 $167.184'$71.683 $!68.l75 $69.575 $.69,575 $_ 4702 Amount budgeted and certified to taxeS for water deficit for 1985 4703 Revenue Sharing Funds for utility bill software (500 Water T 1500 Sewer = 2,000) 4705 = Sale of meters (estimate 10 . 75.00 = 750.) 4706 = Estimate of 1985 collection from water sales. 4712 Revenue collected from county for water bills certified to taxes. 4713 = Estimate 10 permits to be sold (same number of meters). 10 BUDGET COMMENTS: Q~~!_tt 80 .Q~!!~_tt 01 20 21 23 26 31 32 33 35 37 40 42 52 55 87 . . WATER OPERATING EXPENSE Salaries for billing function Office, billing supplies, and postage (+ 1/4 of software cost - 500) Now provided by Munitech Maintenance to water system equipment Chemicals - floride, clarine, salt, turbine oil, and grease Monthly Financial Statements and billing Audit Expense Engineering Costs - Anticipate none in 1985 Munitech Water school - 2 employees Computer software Water Revenue Bond - Principal and Interest Sales Tax on Commercial Water Sales Interest Expense - To borrow from other funds Water Meter purchase Note: - Code #24 - Maintenance Building Tanks will require painting in 1986 .. . . FUND # 60 WATER FUND EXPENDITURES DEPT I 80 Code Actual Actual BUd~t Jan- Annual Propose Recommend Adopted I ITEM 1982 1983 19 1984 Est-84 1985 1985 1~85 PERSONAL SERVICES 01 Regular Salaries _13.,642 17,738 24.521 17.610 ~ ~ 3,600 02 O.T. II 03 Part Time 06 FICA Allocated l,~ 'T';'"i"72 l':"7i6 1.252 ~ ~ 250 g~ PERA II 815 ~ 870 ~ ~ 150 Insurance " 1,1120 T:'627 ~ 2 648 ...z.....:z.4;L ~ 600 09 IRA-Administrator 10 Other Withholding Total ~ 2~ 29.879 22.380 u....wl- ~ 4,600 SUPPLIES 20 Office Supplies -ill. ~ ~. 242 -2.iL ....l..,.W:l.Cl 1,000 21 Motor Fuel & Lube .L&.llL ~ 3.171 ~ 22 Small Tools ~ 500 256 256 ~~ Maint-Equipment I~ "ll";'1"7O 5,781 . 6,046 3.000 ~.uuu Maint-Blc1gs ~ 25 Depreciation - -'- 26 General Supplies ~ 1,606 . "2':'976 702 -2ZZ.- ~ 1,000 Total ~ 1~ 15,450 10,152 10,584 5.000 5,000 OTHER SERVICES 30 Legal --'600 600 31 Financial 600 ~ ~ 32 Audit ~ --s58 -'4l5O 470 ~ ~ 470 ~a Engineering - 5,067 3,000 6,224 ~ Planning ~g Contractual :gzz: . == 1,500 ~ 21,750 Communcation ~~ Trav-Conf-Schools ~ ~ :::ll[: =::A - lj5 85 ~ Print/Publish ~g Utilties-Gas/Elec. .- Improvements 41 Insurance Total lr::~ ~ "2,"5(iO 1.418 ~ ~ 1.352 42 Debt Service IT:"62'3 16,000 16,102 1.2....!..QL ~ 15.625 43 Misc. Services ~ 155 ~ ----lW1 100 Total 17,,875 18,264 24,l~0 25,054 25,21, ~ 39,982 ----- OTHER CHARGES 50 Rental ~ - 52 Licen.ses-Taxes 144 -m ~. 190 ~ subscript-Membership State Surcharges ~ .- ~~ lnt-Interfund Loans . ~:~~ 6;'7'99 ""5,'"200 10.867 i4:'9'69 --a.ooo . 8,000 Allocated Expense 300 Depreciation - 44:15Q'O Total ~ 6,799 50,500 11,011 15.090 8,190 8,190 ~. CAPITAL OUTLAY 60 Land 61 Buildings ----- 62 Machinery-Equip 22!E 1,350 . ~ Other Improve. . ~ -- Future 65 Furniture/Fixtures - - . Total ~ ~ ~ TRANSFERS 70 Permanent 71 Temporary 72 Refund-Reimburse. Total OTHER EXPENSES 84 Wtr Purch-Tonka Bay 1,445 1,817 2,000 1,153 1,341 ~. 1,500 85 Wtr Purch-Excelsior 3";"88'7 3,729 4,000 3,894 5';424 ~ b,bUU 86 Wtr Purch- Mtka ~ ~ ~ 1,575 -r:5'l'5 ~ 1,700 87 Purch Water Meters 625 625 ~ 700 89 Other Capital Outlay 90 Water Line Const. =:3] 450 =:E2 ~ Water Bond Interest 3,575 - Amesbury/Utilities T03'6 2":975 3:'OciO 3,095 ~ 3,600 ~g Badger/Utilities 743 ~ 1,500 894 ~ ~ 1,500 Bould Bridge Util. 1;649 ~ ~ 869 ~ ~ 1,100 ~ ;.~ 97 Wooc1haven Utilities' -1lZ ~ ~ 629 ~ ~ 725 Total 13,708 14,075 15,500 13,184 16.l00 16,325 16.325 ~', TOTAL WATER EXPENDITURES 70,044, 77.736 136.839 81.781 ~ 74.097 74.097 . . . ' FUND #61 SEW E R FUN D REV E N U E S DEPT #82 llecaIr Code Actual Actual &.xIget Jan-,Nov , AnIull Propose JDeI'ded ~ # REVENUE SOURCE 1982 1983 1984 1984 Est-84 1985 1985 4721 Sewer Permits $. 900 $. 3,100 $. 2,000 $. 2,000 $. 2,100 $. 3,000 $. 3,000 $. 4722 Spec Levy Debt 6,468 34,043 45 67 4723 Disposal Dump Fees 280 785 300 70 70 ---"200 200 4724 Sewer Serv Charges 220.362 229,825 232,650 169,298 258.764 '26'ii:'OOO 260,000 4726 Sewer Int. Earned 24.215 17,718 8,000 26,028 31,000 33.000 33.000 4727 Sewer Chg Coll by Cty 15,936 12,501 15,000 2.686 10,678 ~ 8.000 4728 Refunds/Reimbursements 5.254 8,866 1. 104 3,498 ~ 1. 500 4729 Metro Sac Charges 3.825 13,600 8,000 9.800 10.225 12.750 12.750 TOl'AL $. 277,240 $. 320,438 .. 265,950 $. 211,031 $. 316,402 $.318,450 $. 318.450 .. !~Eh~~~!IQ~_QE_~ffQQ~!~ 4721 100 each for estimated 30 homes to be constructed in 1985 4722 - Special Levy Debt. (M.W.C.C.) Not taxing as adequate funds to cover expense M.W.C.C. Bonded Debt 4723 _ Disposal Dump Fees _ Contractor dumps into manholes @ 5.00 per load 4724 _ 1,600 customers A 159.00 per year; 254,400 plus estimate for 30 new homes and commercial 4726 - Interest earnings 4727 _ Sewer bills which are certified to and collected by County 4728 - Refunds and reimbursements Transfer Federal Revenue Sharing for utility software $1500 (500 to water) ; 2000 and reimbursement of equipment and labor when performing service for Victoria 4729 _ Metro Sac Charges collected WjSewer Permit - 425 x estimated 30 homes to be constructed in 1985 , ' . FUND #61 Code # ITEM PERSONAL SERVICES 01 Regular Salaries 02 O.T. " 03 Part Time " 06 FICA Allocated 07 PERA " 08 Insurance" 09 IRA-Administrator 10 Other Withholding Total SUPPLIES 20 Office Supplies 21 M:ltor Fuel & Lube 22 Small Tools 23 Maint-Equipnent 24 Maint-Bldgs 26 General Supplies Total OIliER SERVICES Legal Financial Audit Engineering Planning Contractual-Munitech Caull.lncation Trav-Conf-Schools Print/Publishing Utilities Improvements Insurance-Total Debt Service Misc Services Metro Sac Charges Metro Service Charges 1971 Mecro Deficit Inf~o-Infilt Stu:ly Total OIliER QIARGES SO Rental 52 Licenses. Taxes 53 Subscrip-Membership 54 State Surcharges 55 Interfund Int Loan 56 Allocated Expense Depreciation Total 30 31 32 33 34 35 36 37 38 39 /lO ~~. i &~.1 CAPITAL ounAY 60 Land 61 Buildings 62 Machinery-Equipnent 63 Other ~ts 64 FUture 65 Furniture/Fixtures Total TRANSFERS 70 Permanent 71 Teqx>rllry 72 Refund/Reimbursements Total 1UfAL ACCOUNf SEW E R FUN D . E X PEN D I T U RES Recom- Actual Actual Budget Jan-Jun Annual Propose mended 1982 1983 1984 1984 Est-84 1985 1985 $ 14,221 $ 15,107 $ 17,119 $ 13.147 $ 13,936 $ 3,545 $ 3.545 1,189 673 1,008 ~ -r;T99. -El~ ~ 1,516 849 615 975 ----g(j4 -'648 2,098 284 176 305 $ 17,091 $ 18,106 $ 20,779 $ 16,586 $ 17,586 $ 4,310 $ 4,310 $ 1,172 1,673 18 $ 755 $ 2,500 $ 1,384 1,200 ---.h222 2,421 ~ 707 ~ 1,500 $ 3,570 $~ $ 13,200 $ $- $-$- $ 600 --m 4,241 3,000 ~~ 2,286 250 3,000 -..ill 115 160 4,566 .4,387 5.400 2, 149 446 ---2..QQ9 ---a42 171,303 ~ ~ $190.996 --!.Z.6 ~~ .J.BZ...ll.ll ~ ~~ --6Q $212,737 $ 263.146 632 $ 632 $ 1,742 1,904 93 93 8.846 16,894 844 850 12.157 $ 20.373 $ $ $ 1.450 ~ 3.384 ~ 120 ~ 3.169 4,183 :l715~ ;>75~ 6.733 ~ ;>;>3 104 ~ f;4R5~ 700 $ 4.000 4,000 1.000 1,000 5.700 $ 5.700 $ 1,000 1.000 1,405 1.405 21,750 75 21,750 4.200 1,832 200 1=' 7~O ;>44 448 6.485 4.200 200 12.750 ~ 6 4Afi $- $- $-1:.z..Q2.O $ $ 248 , 435 $276,059 $ 294 .145 $ 294 .145 $ --'276 1 , 848 5,500 18,732 18,732 $~ $ 20,580 $ .25,232 $ $ 3,000 $_ $_ $ $ 3,000 $_ $_ $ $- $-$- $ ----gI4 ----on 2,300 $ 514 $~ $~O $ $-$ $ DEPT #82 Adopted 1985 $ 284 176 305 $ 700 $ 1,500 1,500 $ $ $ 75 1. 832 $ $ $-$ $-$ $ $ $ $-$ $_____ $ 1,500 $ 1,500 $ $ $-$ $ $ $215,447 $257,118 $ 324,657 $ 277,178 ~14,018 $ 305,655 $ 305.655 $ Each Fund iS~ General separate from Operating the others Fund and treated (Fund #10) as 15 different businesses, each with its own income and its own expense Major lncome Source: Major Expenses: Restricted Funds - (meaning revenue can only be used spec if ica lly for expense of that Fund): - This Fund is divided into 19 different departments. Council , Adminstration, Govmt service, Planning Finance, Streets, Garage, Snow remova 1 , Parks, etc. Taxes General operations of the City in 19 differ- ent depts. ~ Federal Revenue Sharing (Fund #20) Federal Funds Major purchases or transfer to General Fund for operating expense. Community Dev Block Grants (Fund #21) County Grants In '84 spent for tree removal, codif. of Ord. and file system. x Construct. Fund (Tri"esco) (Fund #40) Bond Sale Putting in sewer, streets, etc. in Trivesco. x Park Capital Imprvmt. (Fund #60) Division Fees Develop Parks x Special Assess. (Funds #52-57) This includes several Bond issues. Collect Assessmt. fees from property owners To pay off Bond issues. x Water Fund (Fund #60) Sale of water to residents Maintain water system. x Sewer Fund (Fund #61) Sale of sewer service to residents Maintain sewer system. x Liquor Store No. 1 (Fund #62) - Liquor Liquor Store No. 2 (Fund #63) sales - Purchase of liquor and cost to run liquor stores. (Restricted except for excesses) X We have thousands of transactions flowing through these 15 different businesses and we must follow certain rules on how this all occurs. Some of these rules are set by law, and others are called "generally accepted accounting principals", which I must know and follow. The idea is to tell the financial situation as it is. ,;;;. BlnKS FLOOR TYPE SPRAY BOOTHS (Andreae Filter) L' ; . 4 =- ~ -' Andreae Filter Spray Booths The Binks Andreae filter media is a completely new filtering agent applicable to all dry spray booths. The media is made of special non-fire supporting paper that is formed into double accordian-type folds with staggered holes to provide a highly efficient filler. Paint laden air changes direction four times dur- ing its passage through the filter. Each time the air changes direction, paint particles are thrown against the filter surface by centrifugal force and made to adhere there. The large air open- ings are self-cleaning. They allow large volumes of air to pass in uniform flow, with little loss of efficiency as the media becomes contaminated. Sinks Andreae fillers last from three to five times longer than pad type fillers. Almost any dry filter booth may be converted simply and economically to the Andreae filler media. Andreae filters have a Class 2 listing by Underwriters Laboratories and are Factory Mutual approved. Construction Features Buill of 18 gauge steel panels with exterior flanges. Interior of booth is smooth. Panels are factory painted on both sides. One or more packs of filter media, 3' x 30', are supplied which'~' can be cut easily to fit booths of any width. Exhaust Unit & Lighting equipment may be added separately or included in package models. See page 4 for Package Equipment List. Filter Replacement The filter should be installed with eight corrugations to every foot of booth width. To facilitate cutting and positioning, the filter is marked at every eighth corrugation. Clip in one end, stretch across the frame and clip in the other end,an operation taking less than one minute. If any short pieces are left over, they can be attached to a new length, either by a strip of masking tape or by stapling. NOTE: For easy removal of a "loaded" filter, apply a coating of grease to the frame before inserting the filter. Excerpt No.9, S6 Catalog. ." ~ CITY OF SHOREWOOD PARK COMMISSION MEETING FEBRUARY 19, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM M I NUT E S CALL TO ORDER Chair Lindstrom called the meeting to order at 7:13 PM. ROLL CALL Present: Chair Lindstrom, Commissioners Schmid, Butterfield, Jakel and Kooi; Council Liaison Gagne and Deputy Clerk Niccum Absent: Commissioner Carl (excused-out of town on business) APPROVAL OF MINUTES Kooi moved, Butterfield seconded, to approve the minutes of February 4 as written. Motion carried unanimously. BROOMBALL Mr. Chris Comer and Mr. Roger Day were present to request the use of Badger hockey rink to finish their 1985 Broomball Playoffs. Kooi moved, Schmid seconded, to allow Broomball Playoffs to be played at Badger on: Monday Wednesday Friday February 25 February 27 March 1 6:00 - 9:00 PM 6:00 - 9:00 PM 6:00 -10:15 PM (approximate) Motion carried unanimously. Mr. Comer and Mr. Day will be returning to the Park Commission to request ice time for the 1985-86 season. APPLICANT INTERVIEW Mrs. Richie Hemping, 5935 Christmas Lake Road, appeared before the Commission. She has previous experience on Park Commissions with the cities of Eden Prairie and Chanhassen. The Park Commission will vote at their next meeting. SHADY HILLS PARK Commission discussed what to do about Shady Hills Park and decided that, before they make a recommendation to the Council, they need more information. .. PARK COMMISSION MEETING TUESDAY, FEBRUARY 19, 1985 page two .. SHADY HILLS PARK - continued Kooi moved, Butterfield seconded, to recommend to Council that they receive the following information to aid them in their formal recommendation. 1. A written opinion from the City Attorney relating to the contributions received from neighbors in Shady Hills ($1000 in 1963/$200 in 1964) around the time of park purchase (April 8, 1963). 2. An approximate value of the land for selling purposes. 3. The City Engineer's opinion on the specific size of the drainage and easement areas. 4. Annual maintenance cost now, projected maintenance for drainage and easement area only, and the estimated difference in cost between the two. Motion carried unanimously. MANOR PARK Mrs. Randy Peterson did not appear. Commission requested staff to call her if we have not heard from her by the next meeting on March 4. MATTERS FROM THE FLOOR Purchase of Vacuum Cleaner There is only one shop vac type vacuum that was purchased approximately a year ago. Carpeting was laid at Manor warming house this year. The shop vac works fine at Cathcart because the carpeting is short-napped. The carpeting at Badger is shag and the shop vac will not work right on it. Lindstrom moved, Kooi seconded, to recommend to Council that they approve the purchase of a used Kirby. Motion carried unanimously. (The purchase will probably cost less than the shop vac did-about $129- they wear well, and you can always get parts) Freeman Park Signs An estimate was received from Mr. Herb Strom of Country Signs (h~ is the person that did the City Hall ~igns as low bidder). Commission would like to have "City of Shorewood" added in the lower right corner. Kooi moved, Jakel seconded,to recommend to Council that they approve the purchase of two signs for Freeman Park. Motion carried unanimously. ~ ~y---~ ~c PARK COMMISSION MEETING TUESDAY, FEBRUARY 19, 1985 page three MATTERS FROM THE FLOOR - continued Park Grants Staff was requested to ask Administrator Vogt if he had done research on possible grants available and if they could have the information by the March 4 meeting. Well Building - Cathcart Staff was requested to check with Don Zdrazil, Public Works Director, to see what size the building will be, the cost and what materials will be used to construct it. Review of Ice Program Staff was requested to put this on the next Agenda. Commission asked Commissioner Jakel to present them with a summary and a list of things to be done. Purchase of Paint - Cathcart warming house Cathcart warming house needs painting badly, inside and out. Commissioner Jakel has recruited volunteers to do the painting and requested approval to buy paint. Kooi moved, Schmid seconded, to recommend to Council that they approve the purchase of paint, up to $100, to repaint Cathcart warming house. Motion carried unanimously. Tennis Net - Cathcart Commissioner Jakel stated metal tennis net is still up at Cathcart and that it is in bad shape. Commission asked staff to check with Don Zdrazil to see if there are any nets available. Budget Summary Commission requested staff to summarize the 1985 budget and the needs suggested since then and to prepare a report so they can discuss it at the next meeting. Arbor Day Commission asked staff for copies help them develop reforestation. knows where they can get trees. of any Arbor Day information tnat nay Also to check with Don to see if he Purchase of Gift Certificates - Rink Attendants Commissioner Jakel reported that the rink attendants have done an exceptional job this year and suggested taking them out to breakfast. Commission discussed it. Schmid moved, Lindstrom seconded, to recommend to Council that they approve $10 gift certificates from the Copperstein for the rink attendants as a bonus. Motion carried unanimously. PARK COMMISSION MEETING TUESDAY, FEBRUARY 19, 1985 page four MATTERS FROM THE FLOOR - continued Raft Commissioner Butterfield brought the card of the person that repairs floats. Staff was requested to get necessary information so raft repair can be presented to Council. CENTURY CLUB Steve Frazier appeared before the Commission to volunteer various suggestions on the promotion of ~he Century Club. 1. Athletic Organizations A. Various organizations may be willing to contribute $100. B. Ask organization people to suggest names of other people that would contribute. C. Kids on a team may want to make up one membership. D. Parents of kids in sports. 2. Business Organizations Chamber of Commerce, Kiwanis, etc... If they knew about the Century Club, they might be willing to sponsor it out of their funds. 3. Big Sports Fans 4. Enthusiastic people - needed to "sell the product". Commissioner Butterfield suggested: 5. Century Club divisions - not necessarily g1v1ng $100. A lot of people may be willing to give a small amount yearly. Commissioner suggested putting the following items on the next Agenda. 1. Assign a liaison 2. Butterfield - some phase of membership 3. Recognized contributers in Athletics 4. Chairman Steve Frazier will talk to Bob Fayfield to see if he is interested. "1 \-\ :" - , . , , , WilLIAM R. ENGELHARDT ASSOCIATES" INC. : ((,~(mJ"II;"f/ l"f/;""nJ 1550 SKYVIEW DRIVE CHASKA, MINNESOTA 55318 FE8.40" (612) 448-6482 February 18, 1985 City of Shorewood c/o Mr. Daniel J. Vogt, Administrator 5755 Country Club Rd. Shorewood, MN 55331 Re: Proposed intersection changes at Vine Hill Rd. & T.H.07 Honorable Mayor and City Council Members, The purpose of this letter is to respond on the behalf of the City of Deephaven to the proposed roadway changes on T.H.07. The changes as we understand them will be in the areas of Vine Hill Road and the proposed Waterford development, just west of Vine Hill Road and T.H. 0 7. During the public hearing held by the City of Shorewood on January 28,1985, several concerns relating to the City of Deephaven were expressed. Specifically th~ lane proposed new intersection. movements as proposed onto traffic movement for those change and turning movements at the We again emphasis that we feel these a major state highway will be a hazardous vehicles attempting to travel North on Vine Hill Road. We urge that the City of Shorewood in their deliberations of this matter consider a corridor study for this section of T.H.O 7 before proceeding with any improvements. We do feel that the upgrading of the Vine Hill Road intersection as prop~sed last year could take place at this time. The total picture of this section of highway should be considered for the bennefit of all affected communities, in order to satisfy the long range plans for T.H. 0 7. This may be a step by step process that would allow a new intersection for the Waterford development and in addition - ,-- - ... OOODww p U@J Fehruary /.5, 1985 Mr. Danlel Vogt, City Admlnlstrator Clty of Shorewood 5755 Country Club Road Shorewood, Mlnnesota 55331 Dpi1r Mr. Vogt: Enclosed IS a certlfled cony of Resolutlon No. 85-7694, adopted by the Mlnnetonka City Councll at lts regular meeting of February 19, 1985, requestlng that the Clty of Shorewood reject the plan for the T.H. #7 access as proposed hy the Orr-Schelen-Mayeron & Associates, Inc. traffic study. The resolution also requests the Minnesota Department of Transpor- t.'ltlon to study the T.H. #7 corridor from west of T.H. #101 to the City of Excelsior to determlne total access needs. Thls resolutlon further points out speciflc problems that will arlse within Minnetonka, as well as other cities that are part of the T.H. #7 corridor, If the proposed plan lsimplemented. I therefore request that this resolutlon be presented to the Shorewood Council for its consideration. Given this information, we trust that the Shorewood Council will reject this proposed plan and work with the Minnesota Department of Transportation, Minnetonka and other affected municipalities to reach a plan that will accommodate the needs of all the concerned clties. I and/or Don Asmus, the City Engineer, would be happy to meet with you at your earliest convenience so that this matter can be resolved. Thank you for your consideration. !~:;/!/A ~ James F. Miller U City Manager JFM/eel enc. the city offices are located at 14600 minnetonka boulevard minnetonka, minnesota lJJ1l1.II!933-251' ,'::,~ . RESOLUTION NO. 85 - 7694 RESOLUTION RECOMMENDING THE CITY OF SHOREWOOD REJECT THE PROPOSED PLAN FOR THE T.H. #7 ACCESS AS PROPOSED BY THE O.S.M. STUDY AND ALSO RECOMMENDING THAT THEMN/DOT STUDY THE T.H. #7 CORRIDOR FROM WEST OF T.H. #101 TO EXCELSIOR TO DETERMINE THE TOTAL ACCESS NEEDS BE IT RESOLVED by the City Council of the City of Minnetonka, Minnesota, as follows: Section 1. Background. 1.01. The City of Minnetonka has been informed that the City of Shorewood is considering the closure of the south leg of the existing Vine Hill Road/T.H. #7 access and consider- ing a new partial access point be established approximately 1/2 mile west of the existing Vine Hill Road access point. Section 2. Findings. 2.01. In the study of these Shorewood considerations, the City of Minnetonka finds the following items to be the probable results: a. Access to and from T.H. #7 would be very devious for Minnetonka residents living south of T.H. #7 and east of Vine Hill Road. b. There would be devious access for Minnetonka and Deephaven residents living north of T.H. #7 who desire to get to Minnetonka Senior High School. c. There would be a potential of increasing the travel on some of the local streets within Minnetonka. Section 3. Conclusions, Petition. 3.01. The City of Minnetonka requests that the City of Shorewood reject the proposed plan for the T.H. #7 access as proposed by the Orr-Schelen-Mayeron & Associates, Inc. traffic study. 3.02. The City of Minnetonka also requests that ' the Minnesota Department of Transportation 1\ . RESOLUTION NO. as - 7694 page two prepare a corridor study of T.H. #7 from west of T.H. #101 to the City of Excelsior to determine total access needs for the following reasons: a. There is significant accident experience along this segment of ~.H. #7. b. There is difficulty in gaining access to T.H. #7 with the current mixture of awkward and unorthodox access positions. c. There are capacity problems at several locations, particularly the Vine Hill Road intersection. d. There are geometric and design problems, including narrow medians, abrupt curvatures and a lack of adequate lighting. e. The frontage roads along T.H. #7 are very discontinuous and contribute to the use of residential streets for access purposes. f. There currently is a lack of north/south continuity for roadways crossing T.H. #7. g. There would be an adverse impact on the residential units along Covington Road in Minnetonka if it is used for access. Adopted by the City Council of the City of Minnetonka, Minnesota, on this 19th day of February, 1985. ~ ~/~ ?J < .~ L:n 'C- 1'*1% PETER COTTON, PRO TEM ATTEST: ~~~;Z:-CitY Clerk Action on the above resolution Motion for adoption: Seconded by: Voted in favor of: DeGhetto, Renneke, Voted against: Abstained: Absent: Donlin Resolution adopted. Hise DeGhetto Gordon, Hanus, Hise, Cotton ~ IKt t r;un l..1.IOU --------.-- ---------- ---------- ------ TOTAL INTERFUND TRANSFERS $ 19,000. $ 47,000. $ (28,000.) 40.4 ---------- ---------- ---------- ---------- ------ TOTAL REVENUE $ 323,158. $1,261,516. $1,230,885. $ 30,631. 102.5 EXPEND:ITURES c4 MAYOR/COUNCIL ~t,v 3 PART TIME 550. 6,600. 6,600. 100.0 6 GENERAL SUPPLIES 184. 150. 34. 122.4 37 TRAV-CONF -SCHL 2,489. 1 .tOO. 1,389. 226.3 38 PRINT & PU8LISH 92. 2,595. 3,000. (405. ) 86.5 41 INSURANCE 3,259. 1,000. 2,259. 325.9 53 SU8SCRIP-MEM8ERSHIP 10,141. 11,073. (932. ) 91.6 ---------- ---------- ---------- ---------- ------ TOTAL MAYOR/COUNCIL $ 642. $ 25,268. $ 22,923. $ 2,345. 110.2 ADMINISTRATOR 01 REGULAR SALARIES 3,352. 31,260. 31,896. (636. ) 98.0 06 FlCA ALLOCATED 151. 2,166. 2,232. (66.) 97.0 07 PERA ALLOCATED 92. 625. 625. OB INSURANCE ALLOCATED 15. 918. 1,080. (162. ) 85.0 09 IRA 883. 1,754. ( 871 . ) 50.3 37 TRAV-CONF-SCHL 17. 647. 1,200. (553.) 53.9 43 MISC EXPENSE 2,292. 4,77::; . 4,775. 53 SU8SCRIP-MEM8ERSHIP 155. 165. (11.) 93.6 ---------- ---------- ---------- ---------- ------ TOTAL ADMINISTRATOR $ :i,919. $ 41,428. $ 38,327. $ 3,101. 108.1 01 RE:~~~:A~A~~~I~~CS <iVY? 6,471. 06 FICA ALLOCATED 213. 07 PERA ALLOCATED ~.Y~:rJij..> ~.,."<S'- f"""pp9. 08 INSURANCE ALLOCATED '( (J...J--(nA:.r~'".c'...1'rf' 399. 20 OFFICE SUPPLIES /.]{2~S€:;'~o' ~<--<-7?f21~ 1,387. /1 23 MAINT-EQUIPMENT (' 26 GENERAL SUPPLI ES . (L(u Cj'tw \J" ~.i{A.'r:,~' 44. 31 FINANCIAL/PROF SVCS\~ 3S CONTRACTUAL -\) 1. $..'-\:r~ 36 COMMUNICATION 37 TRAV-CONF-SCHL 41 INSURANCE-TOTAL 37,439. 2,619. 2,058. 2,580. 5,000. 2,725. 850. (/ 17 42,383. 2,807. 1,972. 4,616. 7,201. 900. 1,009. 700. 3,066. 26,632. 738. 4,350.- 11 . 1,585. \ 0j-~wt. -rl.,'j L y{~ /~ \ \ 7.5,915.\ \ ex' 1--- _~/ru-~, ~)/ j 'u \ . I ' 1 !1;~/~ Ctf)' -) \ SEE ACCOUNTANT'S COMPILATION REPORT ./ J MATTHIAS, ROEBKE & MAISER CPA'S v' 18,500. . 9,600. 1,500. 9,200. 4,944. 113.2 188. 107.2 (S6.) 95.8 2,036. 178.9 2,201. 144.0 ( 1 , 87.5. ) 33.0 ~- ~i{'3 81132. 144.0 (5,250.) 45.3 1, 8S. 105.7 16,115. 2M.? ~_ ~ 6'(1) {)4;1 ~~ i,('; CITY OF SHORE WOOD SHOREWOOD MINNESOTA STATEMENT OF REVENUE & EXPENSE 12/ 1/84 TO 12/31/84 PARTHENT t 10 GENERAL FUND CURRENT 1/ 1/84 BUDGET BUDGET X BU[I PERIO[I TO DATE VARIANCE CASH 3 MISC EXPENSE $ 28. $ .1, 538. $ 3,600. $ 938. 126.1 o RENTAL 223. 2,680. 2,680. (0. ) 100.0 1 LICENSES-TAXES 3,405. 3,003. 402. 113.4 2 LICENSES-TAXES - 65. 65. 65. 3 SUBSCRIP-MEMBERSHIP 94. 70. 24. 134.7 55 INTEREST INTERFlJND LOAN (/\)J:A! :- 7,322. 17,322. 12,000. 5,522. 146.0 ---------- ---------- ---------- ---------- ------ TOTAL GENERAL GOV SVCS $ 30,297. $ 148,374. $ 113,424. $ 34,950. 130.8 FINANCE 11.,3.1, 01 REGULAR SALARIES 6,237. 42,007. 34,106. 7,901. 123.2 06 FICA ALLOCATED 223. 2,833. 2,387. 446. 118.7 07 PER A ALLOCATED 136. 2,009. 1,874. 135. 107.2 " 8 ~NSURANCE ALLOCATED 260. 2,588. 2,872. (284.) 90.1 20 OFFICE SUPPLIES 210. 200. 10. 104.8 n MAINT-EQUIPMENT 240. (240 .) 6 GENERAL SUPPLI ES - 100. ( 100. ) 31 FINANCIAL/PROF SVCS 4,225. 4,225. 4,800. (575. ) 138.0 U AUDIT/PROF SVCS (2,600.) 5,546. 5,000. 546. 110.9 36 COMMUNICATION 2,000. (2,000.) 37 TRAV-CONF -SCHL 87. 1,045. 900. 145. 116.1 3 MISC EXPENSE 2,500. (2,500.) 3 SUBSCRIP MEMBERSHIP 80. 75. 5. 106.7 ---------- ---------- -----.----- ---------- ------ TOTAL FINANCE $ 8,567. $ 60,542. $ 57,054. $ 3,488. 106.1 LEGAL o LEGAL/PROF SVCS 5,357. 36,752. 58,000. (21,248.) 63.4 ---------- ---------- ---------- ---------- ------