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092385 CC Reg AgP t. j . . CITY OF SH~REWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 23, 1985 CALL TO ORDER '4 AGE N D A B. Roll Call A. Pledge of Allegiance and Prayer 1. APPROVAL OF MINUTES " COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Mayor Rascop Haugen Shaw Stover Gagne A. Budget Review and Regular Council Meeting (Attachment 1 - Minutes, September 9, 1985) 2. MATTERS FROM THE FLOOR A. B. 3. CONSENT AGENDA A. . Project No. 84-5 - Kenko Inc. - Payment Voucher #7 (Attachment 3a - Payment Voucher) Valley Paving - Payment Voucher #5 (Attachment 3b - Payment Voucher) .~~ ~\hM) 0~ B. Project # 84-2 - Motion moved by Seconded by Vote 4. PLANNING COMMISSION REPORT A. B. 5. PARK COMMISSION REPORT A. B. \. REGULAR COUNCIL MEETING - 2 - SEPTEMBER 23, 1985 6. CHRISTMAS LAKE ASSOCIATION - ACCESS PROPOSAL A. Applicant: Steve Bruce - representing the Christmas Lake Association. Location: 5695 Merry Lane (Attachment 6a - Staff Report) (Attachment 6b - Planning Commission Record- Minutes of 9/17/85) (Attachment 6c - Park Commission Minutes) 7. PLUMBING CODE VIOLATION - HARLAN KOEHNEN Water Supply - 23690 Gillette Curve 8. SIGN PERMIT REQUEST A. Applicant: Minnetonka State Bank Location: 23780 State Highway 7 (Attachment 8 - Planner's Report) 9. POLICE COMMITTEE UPDATE REPORT (Attachment 9 - Report) 10. TONKA BAY WATER SERVICE AGREEMENT~ AMENDMENT (Attachment lOa - Staff Memo Attachment lOb - Resolution No. 44-73 Attachment 10c - Tonka Bay Letter 9/5/85 Attachment 10d - O.S.M. Response Attachment 10e - Tonka Bay Resolution 85-60) 11. ENGINEER'S REPORTS A. Status Report - Special Assessment Rolls - Waterford Project No. 84-5 B. 12. ATTORNEY'S REPORT A. B. 13. ADMINISTRATIVE REPORTS A. Water Request - 5810 Club Lane (Attachment 13a - Request) .' ~i'.'''' '", ""(,' I,.... .. ;. ~ .', ""'.', ~ ....., ... -~ , T~ ~ ,,".- -. '",; p "'." "'1'fI. "w r'l' '.... .~~-~it..~, I' CITY OF SHOREWOOD BUDGET REVIEW - 5:30 P.M. REGULAR COUNCIL MEETING - 7:30 P.M. COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD MONDAY. SEPTEMBER 9, 1985 M I NUT E S - BUDGET REVIEW CALL TO ORDER The Budget Review meeting ~as called to order at 5:43 P.M by Mayor Rascop. on Monday, September 9, 1985 in the Council Chambers. ROLL CALL Present: Mayor Rascop, Councilmembers - Gagne, Haugen, Shaw, and Stover. Finance Committee: Frazier, Francen, Fonte, Amlaw, Malooly, and Bridge. Staff: Administrator Vogt, Clerk Kennelly, Finance Director Beck, Public Works Director Zdrazil, and Planner Nielsen. BUDGET REVIEW Administrator Vogt began by reviewing the proposed budget for 1986. He explained the calculations made to obtain anticipated dollars, mill rate calculations and recap of revenues and expenses. JoAnn Kvern and Rosella Schmidt were present to request funds in the amount of $2537.00 to support the administration staff at the Senior Citizen Center. The staff expense is currently being support- ed by a grant that will expire in June of 1986. Their request would cover Shorewood's portion for the 2nd half of 1986. Council did support their request of $2537.00 for 1986. Council discussed the Police Budget with Chief Young in great detail. They discussed the reasons for the increased budget, the addition of a new officer, the new position of a juvenile officer, Greenwood/ Deephaven upcoming vote on merger. Chief explained the process of trying to obtain a grant to cover the expenses of the new juvenile I., officer. As an end result, no grant money was obtaine. itizen A'~r Beal asked about added insurance costs for a juvenile offi ere Young stated that all officer insurance rates were the same gardp less of their classification. ~ ~ ~ Gagne moved, seconded by Rascop, to accept the Police Budget as · proposed at $291,971.00. Motion was denied - 2 ayes to 3 nayes, (Stover, Shaw, and Haugen). I . . REGULAR COUNCIL MEETING - 2 - MONDAY, SEPTEMBER 9, 1985 BUDGET REVIEW (CONTINUED) Council and Finance Committee discussed the over all increase of 7.3%, one area of increase was in insurance costs from $17,000 to $45,000. Budget review will continue on Wednesday, September 18, 1985 at 7:00 P.M. Budget meeting adjourned at 7:28 P.M. M I NUT E S - REGULAR MEETING CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:42 P.M. on Monday, September 9, 1985 in the City Hall Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers - Gagne, Haugen, Shaw, and Stover. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Shaw moved, seconded by Gagne, to approve the minutes of the regular council meeting of August 26, 1985 as amended. Motion carried - 5 ayes. MATTERS FROM THE, FLOOR Edward Bergslein questioned the status of his complaint on the vacant lot on Smithtown Road owned by Minnetonka Country Club. Nielsen stated the only violation was noxious weeds. A notice has been sent to the Country Club for removal or cutting. PLANNING COMMISSION REPORT Stover reported on the discussion to grant a variance to expand a non-conforming structure but denied the setback variance for the American Legion. They felt that a redesign could ,eliminate the need for a setback variance. The Legion felt they needed the setback variance in order to add an adequate area for a dining room facility. . . REGULAR COUNCIL MEETING - 3 - MONDAY, SEPTEMBER 9, 1985 PARK COMMISSION REPORT Gagne reported on the meeting between the Shorewood Oaks Engineer and Contractor and the City Engineer, Planner, and Administrator. The plans are to begin work on Shorewood Oaks within a week to 10 days. The fill and grading will begin on the ballfield first. The Commission reviewed the proposal from the Christmas Lake Association of the donation of a public access to the City on Christmas Lake. The Commission rejected the proposal do to the site design, size, and private road access (Merry Lane). They would like to see if the DNR plans would be a more suitable site. VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE - AMERICAN LEGION RESOLUTION NO. 73-85 Paul Christensen presented a request for a setback variance and a variance to expand a non-conforming structure for American Legion Post #259 located at 24450 Smithtown Road. Planner Nielsen indicated that a sideline setback of 15' is required by Ordinance, not the 10' that was presented at the Planning Commission. The Planning Commission would like to see a new plan complying with the 15' setback. Mr. Christensen would like to request only the addition to the west at this time. This would require a variance to add to a non-conforming structure. Haugen moved, seconded by Gagne, to approve the variance to expand a non-conforming structure. Motion carried - 5 ayes by roll call vote. CONDITIONAL USE PERMIT - JOHN MEADER RESOLUTION NO. 74-85 Mr. Meader presented a new plan to build a car wash facility at 24425 Smithtown Road. His original request required a setback variance. At the suggestion of the Planner and Planning Commission, he has revised his plan involving additional cost to him, and has eliminated the need for a setback variance. Stover moved, seconded by Gagne, to approve his C.U.P. permit for a car wash facility subject to staff approval of the landscape plan. C.U.P. granted by roll call vote - 5 ayes. . . REGULAR COUNCIL MEETING - 4 - SEPTEMBER 9, 1985 FINDINGS OF FACTS - LOT 11, RADISSON INN ADDITION RESOLUTION NO. 68-85 & 69-85 City Attorney Froberg read Resolutions No. 68-85 & 69-85, the Findings of Facts, to the Council and audience. These resolr utions contain denials of a setback variance and C.U.P. Mr. Roy Ahern and his Attorney, Mr. Seamore Mansfield submitted exhibits in support of their explanation as to why they feel their request for a variance and a C.U.P. should be granted as requested. The ,exhibits consist of a Certificate of Survey (with elevation lines), real estate listing sheet, copy of a letter to neighbors offering Lot 11 for sale, Hamline University opinion letter and affidavit of Thomas Hayes. They feel No. 9 and 10 of the Findings of Facts should be strick- en because they felt that they were not asked to submit a Shoreland Impact Plan. Mansfield asked if the survey,just sub- mitted, sufficiently protects the shoreline. If the staff needs time for review of the plan, they would like a postponement of denial until the plan can be commented on. Haugen informed the audience that the meeting was being taped by an associate of Mr. Ahern's. Engineer Norton was submitted a grading plan just prior to the meeting. Assuming many things, the Engineer stated that the plan may be alright for a single family lot. Ahern is willing to allow additional time for staff review, if th~ denial will be deferred. Haugen felt Mr. Ahern should have obtained the necessary Ordinance to than know what was necessary for him to submit the proper documents to substantiate his request. Mr. Ahern felt that he has submitted the necessary documents in a timely manner, and did not feel that these documents were necessary prior to the public hearing. Mansfield referred to Attorney Froberg's opinion that stated the lot could be buildable if the setbacks could be met. Ahern and his Attorney do feel the lot is a "lot of record" with the intent to be built upon. When the 1940 plat was filed, there were ways of restricting lots so they were not buildable, but this was not done on this lot. Council feels that the lot was meant for the use of the off shore lot owners. Stover stated that the job of the Council is to interpret the Ordinance, specifically the statement of "lot of record". Shaw moved, seconded by Gagne, to accept the Finding of Facts within Resolutions No. 68-85 and 69-85. Motion carried - 5 ayes. . . REGULAR COUNCIL MEETING - 5 - SEPTEMBER 9, 1985 C.U.P. - CREPEAU DOCK. AND GARDEN PATCH RESOLUTION NO. 75~85 Planner Nielsen submitted proposed signage drawings consisting of a 2-sided free standing sign of 6 square feet. With the removal of the "Garden Patch" building sign as stated by Tom Lingo, this sign will comply with Ordinance requirement. There are three conditional use permits that are needed to operate the two existing businesses. 1. Outdoor storage of materials used in making docks. 2. Open or outdoor service, sale, rental, and display as a principal or accessory use. 3. Dock manufacturing business. Council directed the staff to draft a Resolution stating the C.U.P. permits and requirements of those permits, also to include signage plan, landscape plan including screening from public road right of way and parking lot plans. Motion carried- 4 ayes, 1 abstain (Haugen). ATTORNEY'S REPORT EVANS COMPLAINT Mr. Evans responsed to the complaint on rental of a second living unit within his home. He stated that he is renting two rooms with the full us'e of the entire home. This is in compliance with the Ordinance. The issue of parking a commerical truck on the. residences has been turned over to the police for ticketing. BLOOD COMPLAINT Mr. Blood did not appear in court on his trial day and a warrant has been issued. As to date, he has not been found. Council questioned the right to go on the property and clean up the problem. Froberg felt that if it was an unhealthy situation. the health officer could instruct the City to go in and clean up and charge expenses back on the taxes against the property. Froberg would like to delay any other removal of articles from the lot to see if the property owner can be found within a reasonable period of time. AUTHORIZATION TO USE OUTSIDE PROSECUTOR Due to a conflict, Froberg would like to bring in an outside prosecutor to try a case. Stover moved, seconded by Haugen, to authorize the use of an outside attorney to prosecute a specific case. Motion carried - 4 ayes to 1 nay (Shaw). . . REGULAR COUNCIL MEETING - 6 - SEPTEMBER 9, 1985 ENGINEER REPORTS COVINGTON VINE RIDGE GRADING PLAN Due to some changes made by the DNR in the land use of the land within the Covington Vine Ridge Project area, the designated protected public waters has caused an alteration in the lot configurations. Staff does not feel that these changes should require a new preliminary plat. Grading plan approval is being requested at this time. Gagne moved, seconded by Shaw, to approve the grading plan at this time. Motion carried - 5 ayes. WEDGEWOOD ROAD SOIL TESTING RESULTS Engineer Norton was directed to order soil boring tests on Wedgewood Drive. He contacted Braun Engineering Testing and requested 3 borings be done and a report of their findings be submitted to the City. Norton reviewed the report. The report substantiated the need for a very extensive road replacement project to properly install a road in this high water table and poor soil type area. Jim Dutcher, developer of the area, questioned if anyone know where the soil borings were made. Norton supplied a map from Braun's Engineer showing the boring locations. Dutcher stated that the location map was in-accurate. He then stated that he would sealcoat the road at his expense and if the road held up for two years, the City would then reimburse him his cost, estimated at $3660.00. He does not plan to do the cul-de-sac. He stated that the City's loader got stuck in that area and tore it up to badly to sealcoat. That part of the road will be gravel only. Froberg recommended that if the Council was going to proceed with Mr. Dutcher request, a written agreement should be signed listing stipulation of the agreement. Dutcher did not feel that was necessary. He will do the sealcoating and if the City feels after two years that they owe him a reimbursement, they will do so, "in good faith" on a handshake agreement. Dutcher left the meeting. The Council directed the staff to get a cost estimate and draw up an agreement for review. GIDEONS ORCHARD - WATER SUPPLY The Developers of Gideons Orchard have contacted the City Engineer to obtain cost estimates to extend water service from the Badger Well to service their project. They have been turned down on their request from Tonka Bay at this time in order to determine their water capacity and establish a new fee schedule. . . REGULAR COUNCIL MEETING - 7 - SEPTEMBER 9, 1985 GIDEONS ORCHARD - WATER SUPPLY (CONTINUED) Council directed the Engineer to obtain a formal request for the water extension and then proceed with cost estimate. Stover would like to see some assurance of financial responsibility from this developer to cover City expenses. SHOREWOOD OAKS WATER SUPPLY EXTENSION The Council wanted an estimate of cost to extend a water line from the Boulder Bridge well to service the 73 units in the Shorewood Oaks project. The estimate cost was $300,000, at an estimated units cost of $4,109.00 within the project area only. ADMINISTRATIVE REPORTS MUNITECH At the request of the Council, Vogt has submitted a report on the work being done by Munitech under the present contract. DEFERRED COMPENSATION PLAN RESOLUTION NO. ~ 76-85 Gagne moved, seconded by Haugen, to direct the staff to establish a deferred compensation plan option to be available to the City employees at their option and at no cost or compensation to be made by the City. ICMA program 'will be used. Motion carried _ 5 ayes by roll call vote. GARBAGE COLLECTION MEETING Council reviewed the minutes of the garbage collection meeting of August 27, 1985. Staff received direction to draft an Ordinance requiring the licensing of garbage haulers to insure insurance coverages and designate the streets that can be used by the large sanitation vehicles. All other roads to be serviced by satellite trucks. Haugen moved, seconded by Gagne, to draft Ordinance as stated. Motion carried- 4 ayes, 1 nay (Stover). MURFIN APPRAISAL An appraisal has been received from O.J. Janski and Associates,Inc. on the Murfin property that adjoins the City garage property. ~ The appraisal has been quoted at $54,000.00. Murfin's last request was for $4.00 a square foot or approximately $100,628.00. This figure, in Murfins's opinion reflects the true value of the property and the past 17 years of use that the City has received. . . REGULAR COUNCIL MEETING - 8 - SEPTEMBER 9, 1985 MURFIN APPRAISAL Council discussed possible condemnation procedures and costs. Shaw moved, seconded by Rascop, to offer Mr. Murfin $65,000 as a final offer that would include that Mr. Murfin remove the existing oil storage tanks at his expense. Motion carried- 5 ayes. MEETING DATES FOR OCTOBER AND NOVEMBER Due to legal holidays in October and Novenber, the regularly scheduled Council meetings will be scheduled for: October 7th - Monday " 28th - Monday November 12th - Tuesday " 25th - Monday CORRIDOR STUDY UPDATE An estimate cost of the corridor study has been made at $50,000. One half to be paid by MnDot, and the balance to be handled by the effected sites within the study area. Council asked why the study does not refer to all the inter- sections between Hwy 101 and Hwy. 41 instead of just the Vine Hill/#7 intersection. They would also like to know how far North and South on Vine Hill Road this study will encompass. Information will be obtained by staff. VILLAGE SANITATION CLAIM A request for payment of a bill in the amount of $330.00 for damage done to a garbage truck from a fire caused by chemicals thrown away the City. Council directed that the claim be submitted to the City's insurance company. STREET LIGHT REQUEST A request has been made by a resident to install a street light at the COrner of Galpin Lake and Galpin Lake Road. Council directed that a petition be received by affected residences before action will be taken. BUDGET MEETING, ... A special Budget meeting will be held at 7:00 P.M., Wednesday, September 18, 1985. . . REGULAR COUNCIL MEETING - 9 - SEPTEMBER 9, 1985 Vip HAYOR'S REPORT APPOINTMENT TO LMCD Mayor Rascops appointment to the LMCD has expired. He has requested to be reappointed. . Haugen moved, seconded by Gagne, to reappoint Rascop for an additional 3 year term. Motion carried - 4 ayes, 1 abstain (Rascop). COUNCIL REPORT Minnehaha Watershed District has received a revised drainage plan for review of the 39 condominium project of Gideons Orchard. APPROVAL OF CLAIMS AND ADJOURNMENT Rascop moved, seconded by Shaw, to adjourn the Regular Council Meeting of September 9, 1985 subject to approval of claims for payment at 11:58 P.M. Motion carried - 5 ayes. General Fund - Acct. #00166-02 Checks 30997-31045 = $24,966.65 Liquor Fund - Acct. #00174 " 3820- 3867 = $49,319.66 Respectfully submitted, Sandra L. Kennelly City Clerk Mayor Rascop . . GENERAL FUND - BILLS PAID SINCE AUGUST 26, 1985 CHECK NO. TO WHOM PAID 30997 30998 30999 31000 31001 31002 31003 31004 31005 31006 31007 31008 31009 31010 31011 31012 31013 31014 31015 31016 31017 31018 31019 31020 31021 31022 31023 31024 31025 31026 31027 31028 31029 31030 31031 31032 31033 31034 31035 31036 31037 31038 31039 31040 31041 31042 31043 31044 31045 Earl F. Andersen & Assoc Associated Asphalt Inc Froberg & Penberthy, P.A. W.W. Grainger Inc Hance Hardware Kelly Services Inc Key leasing Inc Keef Bros Inc Long Lake Ford Trac. H.C. Mayer & Sons Inc Navarre Hardware Northern States Power Northwestern Bell O.J. Janski & Assoc Orr-Schelen-Mayeron Pitney Bowes So. Lake Mtka Pub. Safety Timber Products Tonka Auto & Body Supply Village Chevrolet Wagers Inc Weekly News Inc Ziegler Inc Ziegler Tire Service Mr. Peter Holmberg State Treasurer New York Tea Company Bradley Nielsen Minnesota Govern Fin Evelyn Beck Armour Security Inc. Evelyn Beck Charles Davis Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Dan Randall Patricia Ray Howard Stark Dan Vogt Ralph Wehle Don Zdrazil Commissioner of Revenue City-County Credit Union State Treasurer Minnetonka State Bank State Treasurer - PERA PURPOSE Street signs Road mix August '85 Legal Fees, Trivesco Paint for tree marking Park maint., shop supplies Kelly Girl servo 40 hrs thru 8/25/85 Copy machine purchase Laundry service Equip maint Motor oil Shop supplies, equip maint, road repair Wells/lights/ city bldgs/parks Damage to buried cable Appraisal of Murfin Property SE water system/Project 85-1 streets Postage meter rental 8/16-11/15/85 July booking fees Park maint". Equip maint, shop supplies Equip maint Typewriter supplies Legal notice publication VOID Equip maint Equip maint Refund unused portion of Simple Subd State surcharge Remit. Qtr ending 6/30/85 Food for Budget/Council Refund of W/H Savings 6/23 thru 9/1/85 GFOA Fall Conf Mileage 8/19 - 9/15/85 File Cabinet Key 80 hrs 80 hrs 80 hrs 80 hrs 80 hrs 80 hrs 82 reg. hrs (on call) 80 hrs 80 hrs 80 hrs 82 reg. hrs (on call) 80 hrs Sept 15 payroll - SWH Deposits for Howard Stark & Brad I Nielsen Sept 15 payroll-FICA=10,423.28 Sept 15 payroll - FWH Sept 15 Payroll - PERA Sal.=10,423.28 TOTAL AMOUNT $ 16.95 1,536.26 3,352.00 61.68 30.74 430.00 223.30 184.63 135.52 414.90 80.58 955.44 75.00 500.00 1,360.10 41. 25 158.56 147.00 60.29 185.60 98.92 25.94 .00 239.96 801.13 137.33 1,717.91 60 . 77 ,192 . 00 75.00 56.77 10.00 832.95 535.33 574.33 584.87 390.16 715.55 586.08 449.93 549.93 852.07 546.08 764.23 576.00 42.00 1;469;68 1,272.00 859.93 $24,966.65 CHECK NO. 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 3832 3833 3834 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845 3846 3847 3848 3849 3850 3851 3852 3853 3854 3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 3865 3866 3867 . . LIQUOR FUND - BILLS PAID SINCE AUGUST 26, 1985 TO WHOM PAID Harry Niemela Minnesota Victoria Oil Tombstone Pizza Corp Minnesota Bar Supply Minn. Suburban Newspaper Intercontinental Pkg Twin City Wine Co. Johnson Bros. Quality Wine & Spirits Eagle Wine Co. Prior Wine Co. Griggs, Cooper & Co. Ed Phillips & Sons Mark VII Distributors G & K Services Rex Distributing Jude Candy & Tobacco Day Distributing Co. Thorpe Distributing Co. Old Dutch Foods Inc East Side Beverage Co. Pepsi Cola Bottling Co. Nelson Enterprises North Star Ice Pogreba Distributing Inc Royal Crown Beverage Co. Coca Cola Bottling Midwest BellBoy Corporation Susan Culver Russell Marron Rob Nash Ross Nasset Don Tharalson Stephen Thies John Josephson Bill Josephson Steve Maeger Chris Meyer Stewart Peterson Chris Schmid Dean Young Commissioner of Revenue Susan Culver Susan Latterner State Treasur~;r Minnetonka State Bank State Treasurer - PERA PURPOSE Sept 85 Rent Store No. 2 Fuel oil Misc purchase Misc purchase Advertising Wine Wine Wine Wine/liquor Wine Wine Liquor Liquor/Wine Beer Laundry Beer Misc/Tobacco Beer Beer Misc Beer Pop Shipping Chgs Misc Beer Pop Pop Liquor 20 hrs 80 hrs 6.5 hrs @ 4.25 28.5 hrs 29 hrs 20.5 hrs 32.5 hrs rate increase eff. 9/1/85 VOID 16 hrs, 50.5 hrs 26 hrs 7.5 hrs 6.5 hrs 80 hrs @ 7.50 Sept 15 payroll Reimbursement of State Tax deduction 34 hrs. @4.55 Sept 15 payroll- FlCA- Salaries=1708.45 Sept 15 payroll - FWH Sept 15 Payroll - PERA-Salaries=1708.45 TOTAL . .;,f AMOUNT 882.50 65.32 7.75 171. 95 69.12 809.24 1863.11 3,293.68 3,062.80 460.51 318.86 3,286.47 1,104.88 3,136.00 36.20 71.25 1,968.73 3,479.60 9,807.20 96.90 4,804.90 681.60 349.00 511.73 3,962.17 198.63 445.00 1,071.25 81.00 439.70 27.63 118.13 133.20 93.28 132.76 504.80 0.00 270.50 115.30 34 .13 27.63 429.70 106.00 10.00 148.70 240.90 249.00 140.95 $49,319.66 ! I \ \( \ ) '" .') ,I '. \/ . . '\ oRR.SCHELEN.MAYERoN & ASSOCIATES, INC. Consulting Engineers Land Surveyors September 18, 1985 City of Shorewood 5755 Country Club Road Shorewood, Mn. 55331 Re : Sanitary Sewer, Storm Sewer, Street Construction and Appurtenant Work Waterford - Project No. 84-5 Gen tl 'ften : Enclosed are four (4) copies of Construction Pi~pnt VOluch~r No 7 $ 119899.84. ,. . on the reference project in the mount of Please ftike pa~ent in amount of $ 55434 at your earl jest convenience. 119899.84 to Kenkol Inc., 1694 - 91st Ave. N. E., Blaine, Minnesota Very truly yours, ORR-SCHELEN-NAYER~~ & ASSOCIATES, INC. ~ P r;~ JiIlles P. Norton,P.E, Project Engineer '. JPN:R6D .. Enclosures : CC : Kenko, Inc. 2Q2li East Hennepin Avenue. . Suite 238 . Minneapolis, Minnesota 55413. 6121331- 8660.",3 CL- . CONSTRUCTION PAYMENT VOUCHE~ Estj~at. Voucher No. 7 Oah S.pt.mb.r 18, 1985 For Period Ending August 31, 1985 ----------------------------- Proj.ct NURb.r 84-5 ------------------------------------------------------------------------------------------------------- Cl ass o~ Work ---------------------------------------------------------------------------------.--------------------- Sanitary Se~er, Storm S~.r, Str.et Construction and Appurtenant Work. To : Kenko, Ine. 1694-91st Ave. H.E. Blaine, Nn. 55434 ------------------------------------------------------ lout ion Waterford "i ------------------------------------------------------ For City of Shore~ood, Hennepin County, Hinn.sota ------------------------------------------------------ A. Original Contract Amount s 582647.65 B. Total Additions s 101839.78 C. Total Oeducttions s 40954.10 O. Total Funds EncURbered s 643533.33 ------------------------- E. iotal Value of Work Certified to Date s 593472.21 F. less Retained Percentag. 5 I. s 29673.00 G. less iotal Previous Payments s 443899.37 ------------------------ H. Approved for Payment, This Report s 119899 .84 ) ------------------------ 1. Total Payments Including ihis Voucher s________________~~~~~~~~ J. Balance Carried Fo~ard s , 79734.12 ------------------------- APPRl1JAlS ORR-SCHElEN-NAYERON & ASSOCIATES, IHC. -------------------------------------- Pursuant to our field observation, as per~ormed in accordance ~ith our contract, ~. h.reby c.rti~y that the materials are satis~actory and the ~ork properly perfoNled in accordanc. ~ith th. plans and sp.ci~ications and that the total ~ork is _____~~_______~ calpleted as o~________~~~~::_~:~~~~:________. .we herebJY rec~end parm:;; OJj! t~. Signed: Signed : a~ T ( ---------------------------------------- - ---- --------------- ---------------- Construction Observer ---~-------------------------------------------------------------------------------------------------------------------- This is to certi~y that to the best of my kn~ledge, infor~ation, and belie~, the quantities and values of ~ork certified herein is a fair approximat. estimate for the period cov.red by this voucher. Contractor Kenko, Inc. Sign.d By ------------------------------------------------- Otae : Titl. ------------------------------------------------- ------------------------------------------------ ------------------------------------------------------------- Ci ty of Vouchtr' Checked By : Shor~ood . Approv.d ~or Paym.nt ' ------------------------------------------------- i Authoriz.d Reprrsentativ. Dit. Oite ------------------------------------------------- -------- --------- Page 1 of 4 033-3394 .. \ (\ I " j I ) , / \1 \ \ l . . ORR.SCHELEN.MAYERON & ASSOCIATES. INC. Consulting Engineers LandSurveyors SepteMber IB, 1985 Cit~ of Shorewood 5755 CourM~ Club Road ShorE'wood, tn. 55331 RE: Street Constl'ldion and APPlll'tenant Work Project No. 8+2 Gentlellen : Erclosed are fOlIl' (1) copies of Cor~trl~tiorl Pa~lt Voucher No. 5 a~xlt of $ 3,837.05. on the referereed project in the Please IIake pa';lf1eOt in the al'lCllXlt of $ 3,S37 .05 to Valle~ Paving, Ire., 8050-0 fV.:I.. 101, Shar,opee, Hinresota 55379 at ~Il' earliest convenieree. Ver~ trul~ ~s, DRR-son.EN-HAYERt:W I ASSOCIATES, INC. d:; !:.~~ PrOject Engineer ,f'tm~GD .. Enclosures ,Y cc: Valle':f Paving, Inc. 2021 East Hennepin A venue. Suite 238. Minneapoli$, Minnesota 55413 · 612/331- 866Q <3b . . CONSTRltTION PA Yi'ENT VD..DfR. ... Estil\ate Voucher No. 5 Date : Septeftber 18. 1985 For Period Ending : August 31, 1985 Project Nlri:aer 8+2 Class 01 Work. Street Construction and Appurtenant Work For Cit'j of Shorewood, Herf'.epin COIXIt'j, Minnesota To: Valle';! Paving, Inc. 8050-0 ~. 1101 Shakopee, !'In. 55379 A. Original Contract AfloIx.t $ 205211. DB B. Total Additior~ $ 30691.65 C. Total Dedl.dions $ 30015.25 D. Total Fmds Enclll'lbered $ 205887.10 E. Total Value of Work Certified to Date $ 175835.87 F. Less Retained F'ercerltage 5 % $ 8791.79 ;. G. Less Total PreviOl.l5 Pa'jMeI"lts $ 163207.03 H. Approved for p~t, This Report $ 3837.05 I. Total Pa';lt'lelits Including This Voucher $ 167011.08 J. Balance Carried Forward $ 38813.32 AF'f'R[JJ(t.S ~-SOfl..EN-MYERON & ASSOCIATES, INC. F\~suant to our field Observatiorl, as perfor~ in accordarce with Ol~ contract, we here~ certif'j that the Katerials are satisfactor'J ar~ the work properl'J perfor~ in accordance with the plar~ and specifications and that the total work. is 85 % cQftPleted as of Al'9JSt 31, 1985 . I her~ reCO/"Ilend pa';lt'lelit of this voucher. Signed : ~~ ~ Jt:1c~'\ ,~ / .. --/ This is to certif'J that to the best of "'J ~~ledge, inforKation, and belief, the qlJantities and values of work certifi!a herein is a fair approxi"ate estiKate for the period covered ~ this voucher. Contractor : Valle'J Paving, Inc. Si gned 8'3 Date : Title Cit'J 01 Vc:unel' ~8'3: Date : Shorewood Approved for P~t Authorized Representative Date : page 1 01 2 033-3508 . MEMORANDUM TO: FROM: DATE: RE: FILE NO. BACKGROUND . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 12 SEPTEMBER 1985 CHRISTMAS LAKE ASSOCIATION - ACCESS PROPOSAL 405 (85.29) As you are aware the City has received a proposal from the Christmas Lake Association to develop a public access to Christmas Lake at 5695 Merry Lane (see Site Location map - Exhibit A, attached). Their proposal is outlined in a letter from Steve Bruce, dated 20 August 1985 (see Exhibit B, attached). A proposed site plan is shown on Exhibit C. The property contains approximately 12,197 square feet of area, is currently zoned R-1A and is occupied by a single-family dwelling. Surrounding land use and zoning are as follows: West: North: East: South: Interstudy (research facility), zoned R-1A vacant portion of property owned by Interstudy, zoned R-1A Christmas Lake single-family residential, zoned R-1A In addition to the requirements of the R-1A district, the property in question is subject to the shore land regulations contained in Section 200.26 of the Shorewood Zoning Ordinance. The shore land classification of Christmas Lake is RD, Recreational Development. A Residential Community on Lake Minnetonka's South Shore ~) ().. PLANNER'S MEMO CHRISTMAS LAKE ACCESS PROPOSAL 12 SEPT 1985 . . Processing of the Association's proposal involves several actions on the part of the City: 1. Amendment of the parks element of the Comprehensive Plan. 2. Conditional use permit for development of a substandard lot. 3. Lot area variance for development of a substandard lot which does not meet 70% of the minimum lot area requirement. 4. Variance for parking lot setback from the lake. 5. Variance for parking lot setback from the street. 6. Setback variance for proposed toilet facilities. ISSUES AND ANALYSIS The staff recognizes that the City Council is appreciative of the Christmas Lake Association's generous offer to provide and develop land for a public access on Christmas Lake. Nevertheless, we would be remiss in our respon- sibilities to the City if we did not address what are considered to be very serious concerns relative to the~proposal. The access issue is complicated by the seemingly inevitable possibility that the DNR will be developing its own access, the plans for which the City has not seen. It would be ideal if the City were able to compare the plans prior to making any decision. However, since the Associations's purpose is to stop the DNR from developing an access, their plan will be evaluated on its own merits. A. Comprehensive Plan Amendment. This is not considered to be a major issue. The concept of providing lake access is already suggested in the Comprehensive Plan. Thus the amendment could be as simple as placing the site on the parks map. The Park Commission reviewed the proposal at its 28 August meeting and made a recommendation to the Council. Their minutes from that meeting are attached as Exhibit D. In summary, they appear to agree with the concept of the lake access, but do not favor the site design as it is currently proposed. B. Conditional Use Permit (C.U.P.). Section 200.26 Subd. 6a. of the Zoning Ordinance requires that the development of a substandard lot in the "S", Shore land District requires a C.U.P. Approval of the C.U.P. is contingent upon submission of an acceptable "shore land impact plan" and compliance with certain conditions. It would normally be recommended that the impact plan could be required as a condition of approval. However, given the recent decision relative to the Lot 11 case, it is recommended that no decision be made on the proposal until an impact plan is submitted. -2- PLANNER'S MEMO CHRISTMAS LAKE ACCESS PROPOSAL 12 SEPT 1985 . . With regard to the conditions for developing a substandard lot, the proposal requires a variance for lot area. The Ordinance requires that the lot. must contain at least 70% of the minimum lot area for the zoning district in which it is located. The property in question is approxi- mately 31% of 40,000 square feet. Section 200.04 Subd. 1d. also provides general criteria for reviewing a C.U.P. application. One of the criteria - compatibility with sur- rounding land uses - deserves special attention. In this regard we have received comments from one of the residents of the area (see Exhibit E, attached) expressing his concerns. C. Parking Lot Setback Variances. Given the extremely shallow depth of the lot (69 feet at the narrowest portion, and 110 feet at the widest) it is virtually impossible to do anything within the required setbacks. The parking lot requires a seven foot variance from the shoreline and a 45 foot variance from the front of the lot. It should be noted that the parking lot is located as far from the shoreline as possible while still maintaining enough room to back out of the 900 stalls. While the circular turnabout is only 25 feet from the shoreline, it should be realized that a lauching ramp facility will inherently require some portion of the driveway surface to encroach into the lakeshore setback area. D. Parking Lot Surfacing. The Zoning Ordinance requires that the parking area be paved and have perimeter curbing. If this is done, it is likely that the site will exceed the maximum allowable area of impervious surface (30%). Obviously, the primary concern in this regard is the protection of the lake. The City Engineer, as well as the Minnehaha Creek Watershed District, should comment as to the acceptability of a paved vs. unpaved parking lot. E. Toilet Building Setback Variance. The setback for buildings on a Recreational Development lake is 75 feet. The proposed building is 38 feet from the shoreline, necessitating a 37 foot setback variance. Section 200.26 Subd. 6b requires that the premises be served by "public sanitary sewer disposal". The City will have to determine if a Satellite type of toilet complies with this provision. Sanitary sewer is available to the site. F. General Design. Given the comments contained in the Park Commission's recommendation and Dr. Anderson's letter, this report will not go into detail regarding the problems associated with site as currently designed. It suffices to say that site access is likely the major concern relative to the acceptability of the proposal. In this regard, the City Engineer and the City Attorney will be submitting reports relative to the potent- ial problems created by a very narrow private street. -3- PLANNER'S MEMO CHRISTMAS LAKE ACCESS PROPOSAL 12 SEPT 1985 . . G. DNR Review and Approval. Pursuant to Section 200.26 Subd. 10 we have sent a copy of the public hearing notice to the DNR for their review. Furthermore, the proposal is subject to their approval, pursuant to Section 200.26 Subd. 7b.(2). As of this writing we have not received their comments. RECOMMENDATION While the proposed access to Christmas Lake may be conceptually acceptable, the property in question and the proposed site plan leave much to be desired. If further consideration is to be given to the proposal, efforts should focus on acquiring a wider access drive (the Uniform Fire Code requires a minimum of 20 feet). The city must also be cautioned against granting C.U.P.'s and variances which might not be granted to others, particularly in view of pending litigation on the Lot 11 decision. Presumably the landowner's attorney for that case will be watch- ing the City quite closely regarding future as well as past decisions. While it may be possible to resolve some of the issues raised herein, timing is viewed as a serious problem. It seems unlikely that the problems could be re- solved prior to 2 October, if they ca~ be resolved at all. It would be extremely unfortunate for the City to go on record approving an unacceptable proposal, especially if the DNR were to subsequently deny the necessary approval. cc: Dan Vogt Glenn Froberg Jim Norton Steve Bruce Sue Niccum BJN:sn .. ~~ , ''=: ZJ:xJ I \.. frQlll T.1- . I 20 ~e'ods)" 'Si'!ore:ine ~s per .\Yd. SiJbcl, II: l4' " ... 1\6 ,,,,0 ,,0. p(Of'rt~ in ~ion ----- \~"r 51 L '-i(i~ } .- ~) 146 53Qt,) ,I ~ lj(' 0 a:: J, '\1) ') iCjO ~ 15~ .~. ;.1 lCO 1"'~S Ctl~IS t"fj).... r 'f -~' .';;. ....... ,. 1.'" iI' ,...:'; 1. " .r~ 9~;:::"'" ~.~.: ."-,\;.:....,. lllO . . - - Exhibit A SITE LOCATION Christmas Lake Association-Proposed Access -- ,.( .:j... . .. ..':!.:""'.....,;..... ,.' -,,-' j,.'~ ' .~t"'.; ~ 'c' :1["1>-- J ".t;. ..:'L,,">/ _i':F-~~;'"~'~~~';~.~,~f: t '# }~: , ,t, ..,-.-.~.., , ',. .r, ;-: :..~., ~ "f ~""!. ...... ..... ..' . . CHRISTMAS LAKE ASSOCIATION City of Shorewood 5755 Country Club Lane Shorewood, Minnesota 55331 {?- ;?-V- ~<- ATTENTION: MR. BRAD NIELSON Dear Brad, Enclosed is an outline proposal for the donation of a public boat launch facility on Merry Lane. I have also included a site plan and proposed warranty deed to transfer this property to the City of Shorewood. Our objective is to effect a reversal of the condemnation auth- orized for a state access on the motel property, that was granted to the DNR by the state executive council. To have a good chance of accomplishing this, we need to transfer title to the city prior to the October 2, semi-annual, executive council meeting. We intend to be on the agenda for this meeting to make a presen- tation that will show that a quaiity city boat launch is essen- tially accomplished. Of course, all of this depends on the approval of the city and obtaining this city approval in Septem- ber. I have forwarded this proposal to you for staff review and so that you can help coordinate the necessary steps with the coun- cil. I have also enclosed copies for the park and planning com- mission as an information item. Sincerely, 7~r~~ - Steve Bruce CHRISTMAS LAKE ASSOCIATION SB/sjs Enc. Exhibit B-1 ACCESS PROPOSAL . . ?? - ;?t.:J ~ f5 > CHRISTMAS LAKE ASSOCIATION Proposed Public Access to Christmas Lake GENERAL: The Christmas Lake Association proposes the development of a city owned public access to Christmas Lake to be located on Merry Lane within the City of Shorewood. The property and the initial site development will be donated to the city by a pri- vate party (Bob Fayfield) with certain conditions and obliga- tions outlined below. THE SITE: At present there is a derelict single family home that will be removed as part of the site development. The site is served by a private road with easements over other residential sites. The site has municipal sewer and no water. (The existing home is getting water from the neighbor's well on a temporary basis only. ) SITE DEVELOPMENT: Funds for developing the access will be guaranteed by letter of credit when title is transferred to the city. Management and control of contracts, dispersments and site supervision will be donated by a private party (Steve Bruce). Participation by the city in the form of grading or trucking equipment with city operators would be welcomed and appreciated as a way to reduce the development costs to the benefactor(s). THE SITE PLAN: Principal features of the site plan appear as follows: -Parking for 3 cars with trailers plus 10 cars without trailers. -A boat launch ramp adaquate for launching boats as large as those owned by riparian owners. -Landscape screening between the access property and the adja- cent property to the south. -An attractive shelter to restrain two Satellite type toilet facilities. -Attractive, easy to maintain plantings and ground covers. -Crushed red rock parking surface. -No facility or improvements will be installed to encourage on-site swimming or picnicking. Exhibit B-2 . PAGE TWO . RESTRICTIONS ON TITLE: -The property and improvements are being donated to the city for public boat launching with parking for only 3 cars with trailers plus lO cars. -If any other public or commercial boat launch is opened on Christmas Lake, the title to the property will revert to the Grantor. SITE MAINTENANCE: -All site maintenance except snowplowing will be done or con- tracted for by the city. This includes mowing, trimming, toilet service, parking surface maintenance, boat launch main- tenance, and trash pickup. -Snowplowing will be handled as set forth under road maintenance. ROAD MAINTENANCE: Road maintenance and plowing of Merry Lane will continue to be under the direction of the appointed road manager, who is a resident on Merry Lane. Snowplowing of the access parking area will also be under the direction of the appointed road manager. The city's share of these costs will be prorated based on the expected rate of public usage and the added cost of plowing the access parking area. The total cost of plowing and maintenance of Merry Lane has been about $900 per year. Exhibit B-3 . E I!: " z ~ B ., .. :> 0: :I: ., .. ::: .. ": ~ z ~ w ~ <( -' U) <( ~ ~ U) a: J: o .. ~~ ..0: 0:" Uz ~ ( ',\. ,I, '- 0- .. l:' ~; ED . w CI)~ CI)<( W..J UCI) U<( <(~ 01- w~ Cl)Q: O:I: a..u Oz ffo c.J:;: zl~~ -i!lH 0~..~ Offi~ 0- .. !O., ~ ~ <( :;; 0($ z~ O!l!.. Zo V") ~ ... --l" .. \i:U~ Z ci ~ , .. 0::: '" L.W 0- . -t."~ ~tJ~ . ~~i ,~ ~ . \;:~ Exhibit C PLAN PROPOSED SITE SPECIAL PARK COMMISS~MEETING WEDNESDAY, AUGUST 28, 1985 page four . MATTERS FROM THE FLOOR-CONTINUED Christmas Lake Access-Merry Lane Administrator Vogt asked that the Park Commission give a recommendation to the City Council. Commissioner Lindstrom said he would like to see: 1. Report from DNR on their proposed access 2. Commission tour both sites 3. The DNR plan He said the Park Commission has not received either a copy of the DNR proposal or a staff report. Carl moved, Jakel seconded, to reject the design as it exists, stating that access would be acceptable but not as designed. The following reasons state why the design was unacceptable: 1. Imput from local residents and staff negative. 2. Parking could encroach upon private property causing illegal parking problems, 3. Parking - insufficent parking, congestion 4. Traffic design insufficent - safety hazard 5. Road design insufficent - gravel, 10' width, etc. 6. General public would be using a private road 7. Police - access and enforcement difficulty 8. Fire Department - access problem 9. Maintenance difficulty - plowing, etc. 10. Vandalism problems Motion carried unanimously. During their discussion on the above, Commission wondered what would happen when all three car/trailer spaces were full and more pulled in to park, how they would turn around. NEW PARK - NAME Staff reported that two suggestions have been received for the new park. One was "Shoring Park" or "Shoreing Park" becau,>e the park is located near both Christmas Lake and Silver Lake. The second suggestion was "Kendrick Park", which was sug- gested by several members of Mr. Kendricks family. They related his past history in relation to the City. Schmid moved, Jakel seconded, to leave the "new park name" open until a later date. Motion carried unanimously. Exhibit D PARK COMMISSION RECOMMENDATION . . 5725 Merry Lane Excelsior, MN 55331 August 28, 1985 Planning Commission City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Gentlemen: I am writing to you in reference to your consideration of the proposed donation of the Merry Lane property to the City of Shorewood for the development of a public access to Christmas Lake. I wish to express my concerns for your consideration in your study of this proposal. My family lives at the end of Merry Lane and although the development of this access would impact directly and primarily on us, nevertheless it is my conviction that the concerns expressed would most likely be those of all Christmass Lake owners in the interest of preserving the natural environment and ecology, and in maintaining a public facility of which we can be proud and which is acceptable to the neighbors close by. These concerns summarized are: 1. The plan as currently proposed appears much too crowded with excessive parking places for the size of the lot available. 2. Access to the lot appears poorly designed. Cars leaving would have to back up directly onto the one-way lane creating congestion and possible accidents. 3. What controls will there be on traffic once parking is filled? It is my conviction that cars will then park on either side of the lane on private property augmenting congestion. 4. There appears to be no adequate turn-around area, especially for trailers. Once the lot is filled, trailers may have to back all the way out to Radisson Inn Road over the 0.2 mile single lane. 5. What would be the tmffic pattern and control thereof for cars coming and departing using a single lane? 6. The parking space indicated for a third trailer does not appear realistic. A large trailer in the #2 space, i.e., could block a third trailer from entering or prevent boat launching from the ramp. 7. Will there be adequate maintenance and clean-up of the site and what would be the cost factors? 8. Will there be adequate expeditious road maintenance and snow plowing, and a budget to support these services? 9. What measures ~ndordinances can be enacted to minimize vandalism and other activities disruptive to neighboring home owners? 10. What would be the availability of Shorewood police to insure the public access is properly patrolled and utilized in an acceptable fashion as intended? Exhibit E-1 LETTER FROM DR. ANDERSON Dated 28 August 1985 . . MAYOR Robert Rascop COUNCI L Jan Haugen J Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 19 SEPTEMBER 1985 RE: CHRISTMAS LAKE ASSOCIATION - PROPOSED ACCESS FILE NO.: 405 (85.29) Due to illness, Sue has been unable to complete the Planning Commission minutes from 17 September in time for your meeting on Monday night. Given the Christmas Lake Association's interest in having some kind of reponse to their proposal prior to 2 October, the following excerpts from the Planning Commission minutes con- taining the recommendations of the Commission are forwarded for your review. Motion (Schultz) second (Benson) to recommend as follows: "The Shorewood Planning Commission endorses the concept of a donated public boat launch owned by the City, located on Christmas Lake, adjacent to Merry Lane (with parking for up to three cars with trailers and up to 10 cars without trailers) subject, however, to approval of the road access and site design with evidence of an attempt to gain DNR support for the proposal and with the understanding that there will be an additional public hearing, prior to which surrounding land owners will be notified." Passed 5 - O. Motion (Benson) second (Schultz) to table decision on the Conditional Use Permit and variances for no more than 60 days. Passed 5 - O. BJN:pr cc: Dan Vogt Glenn Froberg Sue Niccum Steve Bruce A Residential Community on Lake Minnetonka's South Shore (,6 . SPECIAL PARK COMMISSION MEETING WEDNESDAY, AUGUST 28, 1985 ~CIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM CITY OF SHOREWOOD M I NUT E S CALL TO ORDER Chairman Lindstrom called the meeting to order at 7:05 PM. ROLL CALL Present: Chairman Lindstrom, Commissioners Schmid, Carl, Jakel, Kooi and Vogel; Council Liaison Gagne and Deputy Clerk Niccum. Absent: none APPROVAL OF MINUTES Kooi moved, Schmid seconded, to approve the minutes as written. Motion carried unanimously. CATHCART RINK COMPLAINT Mr. James Woog of 27200 West 62nd Street called Commissioner Carl. He objected to the fact that the City is discussing postponing the building of a new hockey rink at Cathcart Park. He said it was in the newsletter that a new rink would be built this year (the newsletter reads "The Park Commission has made plans to add a fire ring, repair the basketball court, and replace the hockey rink this year"). Mr. Woog felt that putting the money into a sports orientated new park and drop- ping plans for improving existing parks was unjust. Commissioner Carl explained the reason in detail, stating that an unexpected opportunity had come up to partial- ly develop a large park at minimum cost to the City and how the situation had come about. Mr. Woog had also called Commissioner Jakel and Chairman Lindstrom (Com- missioner Lindstrom was not home). FREEMAN PARK DEVELOPMENT Carl moved, Kooi seconded, to: 1. Build two soccer fields crossing and at right angles to each other (the pur- pose being that the center of the soccer field receives little playas most of the action takes place in the end zones, by crossing the fields, they can be alternated and give the field a chance to rest). 2. Have the following berms designed and erected with excess fill: #1 Four berms, one in each corner in the proposed crossed soccer field; #2 One berm along the middle softball field, extending out of the south- east berm for the soccer field; and #3 One berm extending along the north side of the southernmost softball field. Motion carried unanimously. (Please see next page) 0~ SPECIAL PARK COMMISSION !ltTING WEDNESDAY, AUGUST 28, 1985 page two Proposed soccer field, to be crossed at right angles. + 1 berm along the south side of the middle softball field, extending out of the southeast berm for the soccer field. . 4 berms, one in each corner of proposed soccer field. "" 1 berm extending along the north side. L of the southernmost J softball fie ld. .J - SPECIAL PARK COMMISSION MtltING WEDNESDAY, AUGUST 28, 2985 page three . FREEMAN PARK - FINANCING The projects discussed below were discussed in relation to finances for developing Freeman Park: Cathcart hockey rink/Manor Park warming house Commission discussed Cathcart hockey rink. Commissioner Carl felt that if funds are available this year, the rink should be done. Commissioner Jakel said the rink is in bad shape and should be replaced, rather than repaired. Commission also discussed Manor Park warming house. They discussed the fact that a area resident had appeared before the Commission last year requesting a useable shelter for skaters at Manor Park. Lindstrom moved, Schmid seconded, to table discussion on Cathcart rink and Manor warming house until the meeting of September 16, 1985. Motion carried unanimously. Cathcart Park-well house Commission put this on hold until 1986, unless excess funds become available after other projects are completed. Commissioner Jakel asked that crowning the soccer fields be mentioned to Engineer Norton. Commissioner Kooi asked staff to inform Administrator Vogt, Engineer Norton, and Planner Nielsen that she is available to work on the berming plan and would like to be involved. MANOR PARK - PARKING LOT FENCING Chairman Lindstrom talked to Public Works Director Zdrazil. The work on the fence will be done soon. Lindstrom estimated 160 feet of fence with posts every 10 feet, with the posts (17) costing $6-8. Public Works Director Zdrazil had mentioned that he can buy 100' of 5/8" chain from Jim Miller for a cost of $60. The remaining cost will be another 60 feet of chain at $2.69 at foot ($161.40), bolts and possibly a post hole digger. MATTERS FROM THE FLOOR Park Commission Applicant-Carolyn Squires Staff informed Commission that a letter had been received from Carolyn Squires applying for the Park Commission vacancy. Lindstrom moved, Kooi seconded, to invite Carolyn Squires to the meeting of September 16, 1985. SPECIAL PARK COMMISSION M~ING WEDNESDAYt AUGUST 28, 1985 page four . MATTERS FROM THE FLOOR-CONTINUED Christmas Lake Access-Merry Lane Administrator Vogt asked that the Park Commission give a recommendation to the City Council. Commissioner Lindstrom said he would like to see: 1. Report from DNR on their proposed access 2. Commission tour both sites 3. The DNR plan He said the Park Commission has not received either a copy of the DNR proposal or a staff report. Carl movedt Jakel secondedt to reject the design as it exists, stating that access would be acceptable but not as designed. The following reasons state why the design was unacceptable: 1. Imput from local residents and staff negative. 2. Parking could encroach upon private property causing illegal parking problemst 3. Parking - insufficent parkingt congestion 4. Traffic design insufficent - safety hazard 5. Road design insufficent - gravelt 10' width, etc. 6. General public would be using a private road 7. Police - access and enforcement difficulty 8. Fire Department - access problem 9. Maintenance difficulty - plowing, etc. 10. Vandalism problems Motion carried unanimously. During their discussion on the above, Commission wondered what would happen when all three car/trailer spaces were full and more pulled in to park, how they would turn around. NEW PARK - NAME Staff reported that two suggestions have been received for the new park. One was "Shoring Park" or "Shoreing Park" because the park is located near both Christmas Lake and Silver Lake. The second suggestion was "Kendrick Park", which was sug- gested by several members of Mr. Kendricks family. They related his past history in relation to the City. Schmid moved, Jakel secondedt to leave the "new park name" open until a later date. Motion carried unanimously. SPECIAL PARK COMMISSION M~NG WEDNESDAY, AUGUST 28, 1985 page five . NEW PARK Commissioner Kooi asked staff to ask Planner Nielsen to talk to Waterford and see if they have any extra fill. If so, could it be used in the new park. She also asked that when Covington Vine Ridge and Near Mountain start development, if they could contribute something toward the new park. SEPTEMBER 16 AGENDA Chairman Lindstrom asked staff to put the following items on the coming agenda: 1. Review "New Park" sketches 2. Manor Warming House 3. Cathcart Rink 4. Applicant-Carolyn Squires-invitation to attend 5. PCIF-Financial status 6. Freeman Park Plan ADJOURNMENT Jakel moved, Vogel seconded, to adjourn at 9:07 PM. RESPECTFULLY SUBMITTED, Sue Niccum Deputy Clerk . TO' /Y}r < M,f C~)t C'~'""' ,;'L From ~, /)';~4d__/ , Sub;ect /J7'.....u?~~ #J~ ~dl.e - !}j~ {'r'~ !\ic, 9 11. ~ C i)~ ~j "7:::~~'A~~'4t~ ~1;;~ ~~:/~~' dA4'.~,. a.Lt:~A.J ,,0,.'. ~, ~ Lt., (".~"~<~ ~ ,7 ~,.,. .I t _-"'... ,.. ~ ' ..-t/.<./ .,... _" ,< ... ..:U u ,'v < A/. /y~ , J,t ~ .. >-< j./ &.; ~ '" -t, ././.L;~ d, ~ "7--' /Y};;...It> ,1' -7';r' _ . _~:te ~q,@S::S;9,",d ~AdL"'7l ~ REPLY ~ Date Signed ;~~-_:(::!p.;:::",.jT '~E.Tc:.._!t-~ i'iHiT': 'JK (~oq'-/ WilsonJones 1184 , ? ~'~. ;,;', , ~i ~~ /::-' 'i I '", ,I" I . \ ~.... ' "\. I L..:.:.:. . 1,:lj" " - '1f',1 (,11 i;\ "..J"_~1 i f)fE))J~,.',..i,',.'.{NJ I",,~ r. U;; O(l@ ~ :.........-;; u- . ~ . . ;e~" _..~ ~, .,',.,"","',,-,----,--,.,,,--..-- i I ~._----- 'II '~=- . ~._- -------" ., I 'j r' " _....-..-,,-~ I I , .' 0\' I ~~ ' !?)w( LI:.~,(,lj) ~ J~~/ lLl '~'-'''l \~-- ~~=~==J ~" ;- '- f." At lJ ( oCO,JO b M It. . ~ ' : ,----- ~:,.,.~r,I"OV~tJ - ,fl:Ct Lt:)( W!Y 1 1",,, nA~1 r i=-'~.........~...... ~.... I [ I ! I I , j ) ".L.__,.J.~_ __"~___.~."."--'. __....,..-___._ V\ ., ,I. \.u/;;,:.-;.- "'~ .. ... f~ ~':/~\~\ MAYOR Ruth Sherman COUNCIL Joanna Fagan L. H. Haug Douglas Keller Lawrence Niccum . . ~u/ 4901 Manitou Road, T onka Bay I Minnesota 55331 MEMO - To: The City Councils of,~~',/.' "'!xcels tor"'" Greenwood Tonka Bay From: Rick Young, Chief of SLMPSD I Kirk McDonald, Tonka Bay City Administrator Date: Sep~. 13. 1985 Subj: Police Committee Updat' Background '6~ Tel. 474-7994 It has been agreed 1;>y the Coordinating Committee and the four City Councils that the South Lake Minnetonka Public Safety De- partment is in need of a new police building because of the inadequacies of the present facility. Due to the large expend- itures involved in the construction of a new police building and the fact that it will be paid for with a long-term bond, it be- comes necessary to insure the Depl;lrtment's continuation in its present form for a similar period of time. This requires an agreement on a funding formula that is acceptable to all cities. Each Mayor was asked to appoint two representatives to serve on a committee to analyze the abo~e concerns. The committee has met ~ver a two month period and discussed a number of al- ternatives. " Goals 1. Long! term COntract between the present four municipalities. 2. A funding formula that is floating or self-adjusting that is based on City size and use of the Department for the length of the contract. ,r L)f ., .~ ~'/~ ...-'.,1 " ~'= MAYOR Ruth Sherman COUNCIL Joanne Fagan L H. Haug Douglas Keller Lawrence Niccum . . ~~1 4901 Manitou Road. T onka Bay. Minne$ota 55331 History of Formula '6~ Tel. 474-7994 Originally the funding formula was based on the following factors: Population Road Miles Density Assessed Valuation That was continued l.JntU the beginning of the 5 yr. <:ontract in 1983. At that time the formula was changed and each City was charged a straight percentage fi8ur~ ~f,the ~\ldget" . These pe~~, centages currelltly are:' "... "',"'" ..,<, ' ......, 'c..". ,., Shorewood Excelsior Tonka Bay Greenwood 45% 28% 18% 9% The present contract and funding formula e~pire on December 3l, 1987. Current Status In an effort to determine what factors were most appropriate for inclusipn in t;;he formula. " the cqmm.ittee has reviewed data regardingoither joint powers police agreements. The c;:urrent feeling of the'comm.ittee ist:ha~ ~he fqrlllula factors should include Population. Road Miles. a~d Demand (Use of Department). I. , ,,',' "", ' ." I At this time the comm.:lt:tee is requesting your Council approval of the floaiting formula concept and the three factors mentioned above. The Committee feels that a self.adjusting formula based on agreed upon fac;:tors 'will be the most equitable way to appor~ '. ,A ~'/~ _..'.t/, ~~ MAYOR Ruth Sherman COUNCIL Joanne Fagan L. H. Haug Douglas Keller Lawrence Niccum . . o/~1 -g~ 4901 Manitou Road, Tonka Bay, Minnesotaf)5331 Tel. 474-7994 \ tion police costs to each participating city in the future. If approval is received from all cities, the committee will proceed with the next step, which will involve assigning specific percentages to each factor a~d the methods of com- putation. " MEMO TO: FROM: DATE: SUBJECT: . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MAYOR AND COUNCILMEMBERS DAN VQGT Jf(f SEPTEMBER 16, 1985 TONKA BAY WATER SERVICE AGREEMENT - PROPOSED AMENDMENT Attached, please find information received by myself from Tonka Bay relative to their desire to renegotiate the 1973 Agreement for Water Service between our two cities. The major point of concern addressed by Tonka Bay, relative to the Agreement, is ~he connection fee charged to persons in Shorewood desiring to connect to the Tonka Bay water system. Tonka Bay would like to raise the fee from $500 per unit to $1500 per single family unit and $1,200 per multi-family unit. This change requires approval from Shorewood. This issue and the attached information appears on your September 22 Agenda for discussion. Please contact myself if you have any questions. DJV/kgs attachment A Residential Community on Lake Minnetonka's South Shore (OQ /~ , .~ \~1 . ~\. (~!U)"rDlJ* 44-73') · '\0 L~) .~\Pc" ~~ // ~3 Li \~/ . 1. '-' "-' ~, . . . vlA'I'ER AND 3EWEn ACREEMEN1' 'POlJKA 1M Y - SnOJ1E\vOOD 'f .. -TI-JIS AGnEEMEI~T. IM.H10 and entered :'j'nto this z{!! clay of :JMN'C , 19TJ by and geLween fhe V.i'lln.c:c .9f Ton]<a Bay, a municipal corporatjofj, hereinafter referred to .1~ 'ronka Bay, and , , tho Village of Shorewood, a municipaJ, corporation, hereinafter , \ : ,'. . .. referred t:)., D.~ Sh0l'::woocl, ,.. ,,/'. '. '''~: '"", ,.. , . ' Day did in the' ycar19G5 construct an . '-'" . to serve lpnd locntpd v,j thin the confines ~ \vHEREAS, Tonl(a I iriterior sewer system of its village, and WHEREAS, TonJ::l1 in~erior.water system of its village, and WHEREAS, the Metropol.i. :tanS~\\fel" f,Doc;trd cUd dur,inc; tQe yenr 1971 construei- a Hctropal;i. t:::;: Sewer line -:.u scrv(~, amon,", 'lther municipalit1.es, in ~juch a Uldnner as to, co,LLe~t Lhe SeW;.lf,L from , , , ..! " '; '. ; I Ton]<.a Bay a'~,one: PQJnt, at pl", ,near f:lani. tp1.l, rlcmn(~p;in Coun ty n?all No. 19 .i.ntersectiolJ, and :' WIIEI1EAS, the ViLlac;e of )~horc\','oqd d j.cl ell! r';ng 'the year .1972 . '. -'j construct a mllnj cipaJ. s('wnr ~ystrm to sprvr> prn]1rrti r~ loc:;rten within the confines of .its vjlloge, and , (' , I WIIEI1EAS, the metropol i tan in~ercep.tor :jcrvc.'s ShoI'ewoocl so that the trunl\s con:3tructed by i,he V;i.llnr;o pf, .0horcwood can, in . ; ..1, . .;', , ," ;,. . , ' :' most cases, connect wi'll! 'U:Je raetropolj:tnn irt'l:eI'c(~rtor at po:ints wi tliin the confines of Shorewood, \:-U1d . . I .\ 'iIHE~EAS, Shorcwood, ,is ,aqjaqent ,to 'ronka Bay so. that;. the - , '. . . ,'~ ~; " .' .';. .,"- ,', .... ~~ I~). ,ll/ " " .,' .' , '.'. '.~:;' . two ,h~ve a "cgtn,l11cirt(, h~t.~p,W ,':;a,'rW,: ,'h~,~i\,i,~}f,je!:~~, ;~'~~,t, "~)\;'~'-i~(}< :i' ~~t,,<;~.>:;i-lit.,;'~' . ,~),;.:. '~:,~::'J,;"t:t.... " .,', .1,....-..?"I.~~"~.:....~,~..,,J ...<'.....J."~~,~,,.,J~..";,~~~;.~..j,t},.~,,..:.:j:...~,,ft,J.J>aiIoj'ff','~'" . 'f4J~- '.~l'~.'''~t.'t~:'~.. , 'WHEREAS, there is. a' ~ect,ton' c;>;f :Shbrewood the eeography of' ',,', . , ; :. ... . . ; " . ~ " ..' . .. which makes it impractical, to connect tp t~l~, me~ropo]:i tan sewer I, ".'.,~.;",.'., I '", l~"-:~,.),,' ", . ~ ~!" "~',' '~. I ~ ..' ..~. .... '. interceptor wi tho~,t constructinr, p~n's'.i ve pl.lml1Jng stat.i.ons and ' force mains, unless '~hc area in qucRtJOn is, j n fact, connected " '. "'!'" -'" " . to the interceptor by use of tho tntc'Fj or latcr;Jl sewer systr'm of Tonka Day, and ""~"-Vn'Ib~E,^S,:;'T6tikc:i:'~)1ny ancJ ::':llorev:oorl ,1/'.1'1:(: t,!1l.l'L It is to LilC best interest of' battl v j] lar;cs to use the: rJ'on~:a nay j nl.crior sewer lines to ser~~ the Shorewood area provirlcd Tonkn Day is Day ~id du~ip~ t~e year 1972 construct an to serve the land locai:ed wi thin the, confines ~ . .'OJ', I, 4 " ... . .' , appropriately compensated for such use, and .' ~. ,; .... ~ , i" ~ : '. ~: 1 I r~,l : 't'\ " " ...---------..-.-....- ~ '...... -- ,---- ..-.- ---,----_._-~~~.~. I '" .'.. ..~.. ' ~: ",41 ,. !' '. . 'l. ,J' " ' '.., . " ,.,;"'~' ......._._~.- .-- .... . ' , " " - '. . .... j~ " " ' }C)b . . . "'-' \vlmnEM1, f,ll()1'('woorl '\ r.: <l0.s,; rOll;' .of b0.i.ng ~erv('d by water from the '1'on),;[\ Hay' municipnl \'v',rtpr :-;ys'l:C"m, 3n<1 Tonb.l RelY is desirous of provicUnr; ~;l1ch :)8rv~i('0., nnc1 WIIEI1EM1, Tonlwnay [\nc1 Shor()w('loc1 nrc dr~n.l.rou::; of netting forth in this <lGrecmpnt 'provisionr-; un<1er wldcl1 Shorewood may make use of. Ton1-:a Day I s tntcr.i.or ::.cwcr [~y[)tem to roach the me trb interceptor, and n1[;0 provisj ons ""hrr(~hy Shorcwood may recci vc water nervice from tho 'Pon)-\[l Day w,:l"I-,cr sy:-d:,t;m, NOW, 'f'IIl;:nEFOrm, j n conr;j.dcrat:,;.on of t110. pr0.mlf:'lC':'': Dnd mutual covenantn, it, j [i herC'by Or;rf:'Nl PIS follows: T. USE OF' 'T'ONI(A nAY IN'T'ERIOfl CE\IlER SYSTEH '-" . 1 . Shorewood may conrl0.ct a portion of j, t5 latcrn1- sewer 8Y5'I:C'11 to the Ton1(8 Day i nteri or sewer ~)yrj"tem for the purpose" of u31n[; the rronh:a Day 1i nes t,o ren(~h the mc.tropol:i. tan nc\"er.:i n-terceptor provoided t11<1t. ~hor('wood cone; :~rently file \;:: l-h the V i 11a,.,~, of Tonka Day: a. ^ copy of the [ls-built plrms of t.hat portion of the lines so connected. b. ^ plat shov/.i ng "t:he a1'0.<1 incluc1i n[~ t11e plnttrd Jots of that portion of ~he cystem ~o connected. c. ^ statement nettinr, forth the mnximllm number of connecti ann to he connec tec1 to. the ']'onl--:PI Day system, whi ch ntlmhf'r. 5h311 not 'cxce0.d - d. ^ cash payment to Tonkn\Dny in the amount of ~~300. 00 for each unit hoo\'7ed' up or anti'c ipnterl t.o . be hO?~Td.~P; t.~,,:~;~e,.~5~Fli~:;.~~~:~~y.it,::~~:,':'!':I;~ .~i '.., ., ~: 2. Tonl~a Day will biJ 1 Shor'ewood artnttn".1Y 'E\ ,proportion of the . , . cost of mainta.ininr; th~ interi,or ronka Boy lines, which bi,l!, will be computed by first determining 'tlle cost of maintaini-ng · the Tonl.c:a Bay sewer system and ta1dnc n percentagc of 'the cost \'lhich the Shorc""oocl connections be"ar t() snn (']'on1:<1 Day con- ) 4 ---. noct10n5 . ! . . I I I 3. T,)nlt:!! B3Y wD.l n'" 'Y'pspo}1s.ihlr. foY' .mninLnininc ;'1:5 own interior system. In the event' there is ;:} hreah.lown in t11i1t system [;0 ::in to preclude receiving ncwPlGc from the Shorewond connectionn, Tonka Bay will immediately notify Shorcwoort of the prohlem and it shall theretipbtl..he Shorewood' s t<efjport~j,bjli 'Ly .to prcivi de ~, . .,' ...2- I , . . " ..;, ~: . .. ... -." _ ___... __ ..___ ___ a~~ _ ':' :~~+'-",,",::"-- ._- - .~~_....- .----+--- ------- . ._------.;...- , , '.. .. , .'1 . '( If l. , " .....". . . . ~, erncrljency 3CI'Vi co to the Shorc:wooc1 USi':rr;. TonJ';n Bay shnll not be respon~i b1e to rihorewood iC1r any br('~Cl hlnwn in the Tonl:::t nay l.i.nC"G. 4. Shorcwood ~~h<111 be flt liberty ni: nny 'Ume to ter'minatc unc of the ~'onl{n DflY 1in0::;; hOW0V()T', no money r.hnlJ. h(' clue nnd paYAhle to Shorewood in the evc:nt of tcrm.i.nrtt:i,('\rt of- Guch Uf3e. ~ IT. "lATER SYS1'E~1 1 . In the I:'lent Shn)"c\'lood cleterm'ines thnt j,t c1cc.ir0f3 to con- struct nnd inn'tall wnter linos .within the; VillnGe of Shorewood, it may connect ~)a:id 1 ;,ncr-; to the Tonl-::a Dny municipal \'Inter system upon the ndopt.i on hy 'I'nnl~C1 nay of a resolution authorizi ng Buch connection. 2. Hook up to ,such connectio~may Shorcwood only upon: a. Obtain.i.nc; to so do, all SllOJ ~..ood. ne mn(le :i n tho VU,la{':0. of n permit from the Vi],lB~o of Shorewaod in accordancn wi'I:1'1 the oJ'll'i nancas of - '"---,, b.' Copy of the app 1. ication of such pnrmi, t shaLl he submi tted forthwith to Tonka Bay. ~10 permit for such connoc'Li on [;118] 1. be j [,;Gucd by Sl10:r'C'wood un1::i.l . i'~ t '. ...., " approval or dJsnpprcwal" theroof htlS bre;n gi.vcn by Tanka Day. , f c. Cash payment to Tonka Ray for ench residentinl, hool< up in tho amount of ~~~IOO. 00: Commr.rc inl haole shall pay, the snmc. rate as TonJ~a D8Y, u~()r:-;. d. Users connf:ctcd to TOl)ka D8Y "mtcr r:y:-:tcm nh[\11 comply with the Tonkn Day ~rdinances 'coverni,n~.thG use o.f th,. e, Tonl{B Bay ~\'Ia,te,r, ,~~Y.,'~,,::t ,em,',it'l c.,Juding th,e use ".,1 ',t i ":.,., *..;~ \........:~;r-~',\:.'1,t'.~;,.ff~trNo';l.i/.~."'.~J...;.. L ,,-,"., ' .~. 'meter~ :." T'pr*R' Day," s-i,a1'-l 'Cl1a.T'l]Y-"tKe,; rasJl'lents 'of': '~ .,. . Shorewo6d connected to the T6nka Bay water system { -0 . . ... 'r., . user feep at the same rDte "ch:irr;ed to Tnnl{a Day residents. In the event S'horp.\'lOod clesires to bill ups .' ',,--, and collect sRid tIser feo;" tt sl1n11 be Shorewood's obligation to inspect and rencl.the; meters ~larterly anoremi t to Tonlca nnv thAt amount ",hi~h would be due Tonlca Day if. Tonl~n Day billed d i.rcctly. " e. ShorewaC1d shall he respons:i hIe fOl~ ::ill clel in- quent water accounts. 'rhe accounts of n11 wa-ter .,' " :~ .~ -3- , ---....~ '," "..... -~. ..;..... .~,..:.. I, ~'" , .::.t .'. _._;~,., ,. ., , ," ,r. , , . .I, of .. .... . ~ . . :, .,., . I I I . . . ':. ,-,. Wiers in Sl~orewood v.rhich nre rlcl.i.nquC'nt for more than ninety (qtl) cl3YS r.hnll be tllrned over ~:o Shorewoocl and Shorowoorl shall within thirty (30) rlnyu thereafter mal~e payment to ,'I'onk8 nny anrl bncome ~b~ol ute, nvmer of the account. f. Shorewoorl shall be obli~ated t6 inspect and repair a]1 water line~ ],ocated in the ViJ]aG0 of Shrirewood and in the cv~nt there .i.s a dpfect or break in said lines, Shorcwood shall immorli~:l;('ly tal<e steps to correct 1~c same. If the b~6ak j,G not corrected, Tonl(a Day may [ihut off the water at the 'I'onbl nay village l.imj ts. r,. Shorewood shall not perm:Lt any connection .to Ton}t3 . Bay ,,,,ater syntem wj thout prior npproval by Tonka nay. IN WITNESS WlJEREOF. the undcrsigned..govcrnmental units have caused this agrcemen1: to he executod .i n thej r behalf pursuant to the .i.1uthorj~J 'of thc'ir re: ,'livC' v~i11nr(' ltll1cilG. '------ IN pnESENCE OF: VILL^GE OF TONKA D^Y By Mnyor By Clerk VILLAGE OF SIIOnIt;\'/OOD .. ': '. I . - :.'.'. ';""i,' '"'.-" I" . "\""A~" '".\'.' "". ; ';:',' ,.,\"" ,,~t,,~ '.,::";' t":~::~;'r~~~l.~:')'~>':, ;:i~r~;' 'j,- I l . , "If' M3~~r ."~ "( ," i' . Dy CJ erk. i I I '- ." . , -4 '. .'.. . ~ , '.- !. -- -_. ~..__..._- --... . .., - ..--- ..- .--,..... .-:---~....--..,..r If '. ~t"~ " , , I.', ....., . .~ \' ,. . ~ > '.- f ~( '-, ,,\ ;>/./" ~........~ . MAYOR Ruth Sherman COUNCIL Joanne Fagan L. H, Haug Douglas Keller Lawrence Niccum . . 0?~e 1 ~~ 4901 Manitou Road, Tonka Bay, Minnesota 55331 Tel. 474-7994 September 5, 1985 Mr. Dan Vogt Shorewood City Administrator 5755 Country Club Road Shorewood, MN 55331 Dear Dan: As per our telephone conversation following the August 13th Tonka Bay City Council meeting, 11m sure you are aware that the two requests for water connections from Shorewood (Kramer/5425 Timber Lane and Spencer-. Barney/5620 County Road 19) were denied. At the August 27th Council meeting the City Council unanimously passed the enclosed Resolution #85-60 stating the reasons for the denial. Please review the Resolution to familiarize yourself with the reasons. One of the major reasons for the denial centers around the water storage problem. We are currently having our engineer complete a study to determine If this should be solved through the construction of an elevated tank. Tonka Bay residents have put pressure on the Council, questioning how we can grant additional Shorewood connections when we are having a difficult time meeting our own demands. The second major reason for the denials involves the current fee, which is the purpose of this letter. The original contract calls for a $500 connec- tion fee. As I have stated, Tonka Bay residents were assessed a $1500 fee for the installatIon of laterals and construction of the water plant In 1972, and the current City Council and Tonka Bay residents do not agree that Shore- wood residents should be allowed to hook up to and make use of the water system at a lower price than they paid. Our city engineer wrote a letter to the Council stating that they felt the rate should be set at a minimum of $1,000 (letter enclosed). After reviewing this recommendation, the Council has determined that they desire to amend the agreement and charge $1,200 for multi-family hookups and $1,500 for single family hookups (the reasoning being that sin91e family residences wi 11 use more water, I.e., the sprlnklln.g of lawns, etc.). Tonka Bay would ask that you please discuss this matter with your Council and Inform us as to your feelings on this matter. { 0 (1.-" ~ , . . , . Dan Vogt City of Shorewood 9-5-85 page 2 .,. As soon as the rate Issue has been resolved, both parties may reappear before our Council, If they so choose, to Inquire again about water connections. While the Counctl may grant the single family hookup prior to the completion of our water study (target date - November 1st), I think It Is extremely unlikely that they will grant any multiple hookups before that time. Please take all of these issues into consideration when discussing the fee increase with your Council. If you have any questions or comments, feel free to contact me at your convenience. Regards, <~~~~ Kirk McDonald City Administrator l<H:gl cc: City Council City Attorney . . AUG 2 7 1985 ORR .SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors August 26. 1985 Mr. Kirk McDonald City Administrator Village of Tonka Bay 4901 Manitou Road Tonka Bay, MN 55331 Re: Gideon's Orchard 39 Unit Condomini urn SLorewood, Minnesota Dear Mr. McDonald: As per our telephone conversation last Friday. 11m writing in response to your inquiry about our thoughts and recommendations regarding the reasonable cost of the Gideon's Orchard Condominiums in Shorewood connecting up to Tonka Bayls water system. As I understand, the residents of Tonka Bay in approximately 1973 paid an assess- ment of $1,500 for the city's water system consisting of $1,000 watermain charge and $500 for water treatment plant. The connection charge today for Tonka Bay residents is just the cost of the water meter and administrative costs. Further- more, at about thi s time 1n 1973 Tonka Bay indicated to Shorewood that any con- nections to the Tonka Bay water system by Shorewood residents would cost $500. This $500 is now the point of discussion - whether itls adequate to charge this amount to each one of the 39 condominiums resulting in a connection charge of 39 times $500, or $19.500. We checked a number of other municipalities we serve to get a comparison, and found out the foll owi ng: ' 1. Monticello - Only a $50 connection charge plus water meter costs is charged at the time of hoole-up. All watermain construction is paid for 100~ by abutting property o~ners; and all oversiz1ng of mains (trunks) is paid by an - Ad ValorE!IR tax levy. Wells, reservoirs, and treatment are also' paid by At Valorem. Presently, an elevated tank is being considered which will' probably be financed by both revenue and Ad Valorem taxes. 2. Burnsville - Charges a $600 connection charge per residential unit, plus water meter and a pressure reducing valve if needed. The $600 connection charge covers future wells, reservoirs, elevated tanks and overs1zing. All 1 ateral s are assessed 100~. The water treatment pl ant was covered by revenue charges by increasing water rates. For multiple dwellings (apart- ments) this charge is $480 per unit. 2021 East Hennepin Avenue . Suite 238 . Minneapolis, Minnesota 55413 . 612/331- 8660/0 d I , '. . . Page Two Mr. Kirk McDonald August 26, 1985 3. Savage - A f1 at service fee of $106 residential, and a $605 connection fee. The water meter charge is $180 for residential meters. Total connection charge is $891. The $605 fee covers wells, reservoirs, e1~vated tank, overs1z1ng and water tr.at1ll8nt. laterals are 'assessed 10~ against the abutting property owners. In Tonka Bay's case, the residents of the city paid for the watermains aRd the water treatment plant. Normally, as in all cities the lateral watermain con- struction is paid for by abutting property owners which amounted to $1,000 of the $1,500 paid by Tanka Bay residents. The other $500 paid for by the residents in 1973 was for water treatment, and I believe Shorewood should pay this as a mini- mum per unit. This was 12 years ago, and dollars have inflated since then. Tonka Bay is also planning for an elevated tank to take care of water storage requi rements, as we understand there has been a water shortage resu1 t i ng in period sprinkling bans. It would be logical for new hook-ups, as in the case of the new condominiums in Shorewood, to pay toward this future construction. Based on all of the above information, I believe it would be reasonable to charge a connection charge of $1,000 per unit, as these users would be buying into Tonka Bay's equity in the water treatment facility and in the future elevated tank. If you have any questions, please call me. Yours very truly, ORR-SCHELEN-MAYERON & ASS~t~ P. Badalich, P.E. President JPB :n1 b , ~ . . \ I;,. RESOLUTION NO. '85-60 A RESOLUTION DENYING WATEK HOOKUPS TO SHOREWOOD RESIDENTS WHEREAS, in 1973 a cooperative water and sewer agreement was signed between the cities of Tonka Bay and Shorewood that states that during the year 1972 Tonka Bay constructed an interior water system to serve the land located within the confines of its village; and . WHEREAS, the agreement states that Shorewood Is desirous of being served by water from the Tonka Bay municipai water system and Tonka Bay is desirous of providing such service; and WHEREAS, the agreement sets forth the provisions under which Shorewood may receive water service from the Tonka Bay water system; and WHEREAS, the provisions Indicate that (1) Shorewood may connect water lines to the Tonka Bay municipal water system upon the adoption by Tonka Bay of a resolution authorizing such connection, (2) a permit or letter must be Issued by the City of Shorewood authorizing a resident to approach the Tonka Bay Council to ask for authorization to hook up, (3) that the permit shall be submitted forthwith to Tonka Bay and that no connection shall be issued by Shorewood until approval or disapproval thereof has been given by Tonka Bay, (4) that cash payment shall be made to Tonka Bay for each residential hookup In the amount of $500.00, (5) provisions for metering, inspection, repair and payment of accounts are provided, and (6) that Shorewood shall not permit any connection to the Tonka Bay water system without prior approval by Tonka Bay; and WHEREAS, at the August 13th City Council meeting two separate applica- tions (accompanied by the appropriate letters from Shorewood) were received to hook up to the municipal water system; one being a single family residence . (Michael Kramer, 5425 Timber Lane), and one being a 39 unit Planned Unit Development (Kristen Spencer-Barney, ~620 County Road 19); and WHEREAS, there have been no requests for water connections from Shorewood for the past several years; and WHEREAS, Tonka Bay has an underground reservoir with a storage capacity limited to 300,000 gallons, and the Minnesota Department of Health recommends that one-third of this capacity (100,000 gallons) be kept on reserve for fire protection; and WHEREAS, during the past summer it has been brought to the Council's attention that during ,hot days the residents of Tonka Bay often use In excess of 200,OOO'gallons, thus there is not adequate fire protection available; and WHEREAS, this problem will Increase In the future because there are several large parcels of land left to be developed besides the incoming requests from Shorewood; and I 0 .Q-- "" . -" . .. . . WHEREAS, at the July 23rd City Council meeting the Council, upon the recommendation of the City Administrator, authorized that a study be performed to determine solutions to the storage problem which may Include additional per- sonnel, Increased water plant hours and/or additIonal underground or elevated storage; and WHEREAS, the 'study ts targeted for completIon on November I, 1985; and WHEI\EAS. as ...esultof thIs water storage, capacIty shortfall, the City Issued a sprtnkltngban for all resIdents effectIve for the month of August; and WHEREAS, the CIty Council does not feel It can authorize water "hookups outside of the corporate boundaries of Tonka Bay until such time that the City resolves the problem for Its own resIdents; and WHEREAS, after receIvIng complaInts from several residents about the minImal $500.00 connection charge for Shorewood, and after considering the fact that Tonka Bay residents were assessed $1,500.00 for the instailation of the municipal water system, the Council has determined that the hookup charge should be analyzed and possibly Increased to a more reasonable amount; and WHEREAS, this fee change would need to be ratified by both the Tonka Bay and Shorewood City Councils; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tonka Bay, Hennepin County, Minnesota as follows: 1. That the requests of the above named applicants are hereby denied, but that this denial shall not prevent them from seeking connection at a later date. 2. That no new Shorewood water connections will be approved until the connectIon fee has been analyzed and possibly adjusted to reflect a more equitable rate. 3. That said connections mayor may not be delayed until after the City Engineer has presented his report on November 1st. 4. That the Council may dIstinguish between a single residential hookup and a multiple family residential hookup and may authorize connections as It deems appropriate. BE IT FURTHER RESOLVED that Tonka Bay has the capacity to pump and treat an adequate supply of water but that It does not have sufficient storage and that Is why these requests were denIed. BE IT FURTHER RESOLVED that Tonka Bay seeks to be a cooperative neighbor with all adjacent communities, believes that Joint, powers agreements are in the best Interests of all small cities, and continues to be desirous of providing such water service to Shorewood as soon as the capacity problem and fee Issues are resolved. . . September 18, 1985 City Manager - Planner Shorewood Village 5755 Country Club Road Shorewood MN 55331 We are in need of a new well at 5810 Club Lane, Shorewood. It's not just a matter of wanting one - we need to put one in. I have no idea how old this well is as parts of this home are over 100 years old. It is going to cost us between $3,000 and $4,000. This is a large expenditure and before we do this - and it must be done before winter - we want to know if there is any possibility of connecting to a Shorewood city well and what the cost would be. I know there is one right by your offices and I am aware the golf course has one. Is there any possibility of connecting to either one or what about the new one that may possibly come down Smithtown. I really feel that Shorewood will eventually go on water and it's only a matter of time before other wells will need to be replaced. What is the Legion hooked onto? We would appreciate having this information as soon as possible. Thank you. , 7~~ ..~J....; Mrs. Ell~s W. pike 474-9045 13G-- . . Petition to the City of Shorewood for installation of a street light at the corner of Galpin Lane and Galpin Lake Road. The following residents are in favor of a street light to ensure the safety of school children waiting for the bus at that corner, and to ensure the general safety of incoming and outgoing traffic: Name Address Phone ., .f {I ~,--:. - S- 3SO II JL L-JI' ...-( / * ~~ ~:i :t:&~~ (I~PJT: t~ ('3 b