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072505 CC Reg AgP . . . e, . CITY OF SBOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 25, 2005 5,.55 COUNTRY CLUB ROAD COUNCn.. CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCn.. MEETING A. Roll Call Mayor Love _ Lizee Turgeon _ Callies Wellens B. Review Agenda 2. APPROVAL QF MINUTES A. City Council Regular Meeting Minutes, July 11,2005 (Att.- Minutes) B. City Council Work Session Minutes, July 18,2005 (Att. - Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions askedfollowing removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffmg - No action required C. City Clerk's License Approvals - Temporary Gambling License for the Lake Minnetonka/Excelsior Rotary Club (Att. Deputy Clerk's memorandum, Resolution) D. Setting License, Permit and Miscellaneous Fees (Att. - Deputy Clerk's memorandum, Draft Ordinance) E. Sign Permit Request (Att. - Planning Director's memorandum) Applicant: Caribou Coffee Location: 23520 Highway 7 (Shorewood Village Shopping Center) F. Approval of Revised Education Reimbursement Policy (Att. - Administrator's memorandum) G. Authorize Change Order for County Road 19 Project (Att. - Public Works Director's memorandum, Resolution) - This item was Deleted H. Temporary Sign Permit Request (Att. - Planning Director's memorandum) Applicant: Dry Cleaning Station Location: Shorewood Village Shopping Center CITY COUNCn.. AGENDA - JULY 25, 2005 PAGE 2 OF3 . 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS A. Report by Tom Skramstad, LMCD Representative (Att. - Report) 6. PUBLIC HEARING A. Easement Vacation (Att. - Planning Director's memorandum; Draft Resolution) Applicant: Dave Raisbeck Location: 26640 Edgewood Road 7. PARKS - Report by Representative . A. Report on Park Commission Meeting Held July 12,2005 (Att.- Draft Minutes) 8. PLANNING - Report by Representative A. . B. . Preliminary Plat - Lake Virginia Shores (Att. - Planning Director's memorandum, Draft Resolution) Applicant: Location: Virginia Shores Development, LLC 27975 Smithtown Road C.U.P..for Accessory Building (Att. - Planning Director's memorandum, Draft Resolution) Applicant: Location: Minnewashta Elementary School 26350 Smithtown Road C. C.U.P. for Fill in Excess of 100 cubic yards (Att. - Planning Director's memorandum, Draft Resolution) Applicant: Location: Ann Meldahl 6180 Cathcart Drive 9. GENERALINEW BUSINESS A. Approval of Statement re: SLMPD Issues Group (Att. - Administrator's memorandum) 10. ENGINEERING/PUBLIC WORKS . A. Order Preparation of Plans, Specifications and Estimates for Wedgewood Drive, Mallard Lane and Teal Circle Reconstruction (Att. - Public Works Director's memorandum, Resolution) B. ITEM ADDED: Authorize Supplemental Agreement 3 for the County Road 19 Intersection Improvement Project (Att. - Public Works Director's memorandum, Resolution) C. ITEM ADDED: Authorize Supplemental Agreement 4 for the County Road 19 Intersection Improvement Project (Att. - Public Works Director's memorandum, Resolution) ~ .~ . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. {952} 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 25 July 2005 . 6:15 PM - Council Photo will be taken . An EOA meeting will follow the Regular City Council meeting this evening. . Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - no action required. . Agenda Item #3C: The Lake MinnetonkalExcelsior Rotary Club will be holding its annual charity golf tournament at the Minnetonka Country Club on August 22,2005. They will be conducting a raffle at this event. Proceeds from the raffle will be used to support various charities including the Simpson Shelter, lCA Food Shelf, Bridging and ACES. Council action requires adoption of a Resolution Approving the Temporary Gambling License for the Lake MinnetonkalExcelsior Rotary Club. . Agenda Item #3D: Fees that residents pay to the city for licenses, permits, service charges and miscellaneous fees are determined from time to time by the Shorewood City Council. Changes to miscellaneous fees, water meter fees, and building fees are required to recover costs incurred by the city. Approval of an ordinance amending the Fee Schedule is in order. Agenda Item #3E: Caribou Coffee will be opening a store in the Shorewood Shopping Center, and has requested a sign permit. They are one of the tenants that have two elevations and are allowed one sign on each elevation. Approval of the sign permit is recommended. Agenda Item #3F: Council has requested that revisions to the City's Education Reimbursement Policy be considered. The staff Benefits Committee reviewed the policy . in light of comments made by Council and developed a modified policy. Council reviewed at its July 18 work session, and indicated it was satisfactory. Council adoption' of the revised policy is recommended. . Agenda Item #3G: This item will be delivered under separate cover. ... '0..1 PRINTED ON RECYCLED PAPER ~'" Executive Summary - City Council Meeting of July 25, 2005 Page 2 of2 . Agenda Item #3H: The Dry Cleaning Station has requested approval of a temporary sign permit for the Shorewood Shopping Center. The sign will be posted for seven days, starting Tuesday. Staff recommends approval subject to the property manager signing off on the permit and staff review and approval of the location of the sign.' Agenda Item #5A: Tom Skramstad, Lake Minnetonka Conservation District Representative, will be present this evening to report on LMCD activities. Agenda Item #6A: Last month the Council approved a minor subdivision and combination for David and Ellen Raisbeck on Edgewood Road. The approval was contingent upon the Raisbecks providing a road easement for Edgewood Road and drainage and utility easements for the new lot. The Raisbecks have also requested that old easements on the new parcel they purchased be vacated in conjunction with creating the new easements. A public hearing relative to this matter has been scheduled for Monday night. Staff recommends approval. A draft resolution is included in your packet. . Agenda Item #7 A: Park Commissioner Judy Farniok will be present this evening to report on the July 12, 2005, Park Commission meeting. . Agenda Item #8A: The Planning Commission, after tabling the request for one month, recommends approval of a preliminary plat for Lake Virginia Woods, a thirteen-lot subdivision at the west end of Smithtown Road. The developer was able to coordinate the development of his property with a three-acre parcel to the north. The Commission voted unanimously to recommend approval, subject to staff recommendations. Agenda Item #8B: Minnewashta Elementary School proposes a 20 x 30 pavilion type structure to be located at the rear of the school. The CUP required for this type of structure was recommended unanimously by the Planning Commission. A draft resolution is included in your packet. . Agenda Item #8C: Ann and John Meldahl applied for an after-the-fact grading permit for the fill they allowed to be deposited on their property. The Planning Commission recommended approval of a conditional use permit for fill in excess of 100 cubic yards, subject to the applicants obtaining a registered engineer's signature on their plans. Agenda Item #9A: The Greenwood City Council has suggested that the councils of the member SLMPD cities prepare brief summaries of their positions regarding the process and recommendation of the SLMPD lssues Group. A position statement, in the form of a letter to the Chair of the SLMPD Coordinating Committee, has been prepared for Council's consideration. Agenda Item #lOA: This item will be delivered under separate cover. . \. . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 11, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES DRAFT 1. CONVENE CITY COUNCIL MEETING Acting Mayor Lizee convened the meeting at 7:03 P.M. A. Roll Call Present: Acting Mayor Lizee, Councilmembers Callies and WeUens; Administrator Dawson; Attorney Keane (arrived 7:05 P.M.); Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: Mayor Love and Councilmember Turgeon B. Review Agenda Callies moved, Wellens seconded, Approving the Agenda as Presented. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, June 27, 2005 Callies moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of June 27, 2005, as amended on Item 9A, Page 4, omit Paragraph 4 and insert following Paragraph 3, "Councilmember Wellens stated he was opposed to increasing Shorewood's contribution to SLMPD operations from 46.0% to 49.0%, because he had not seen any evidence presented that demonstrated great financial difficulties for the City of Excelsior. Further he stated, it seemed as though City of Excelsior representatives had not asked for temporary assistance, rather, they had accused the City of Shorewood of unfairness and then demanded relief. He stated he was very concerned about this attitude. Councilmember Wellens also stated this attitude had implied prior Shorewood Councilmembers had in some way cheated the City of Excelsior by accepting the current Joint Powers Agreement and that had never been the case. Furthermore, he did not believe previous Councilmembers of Excelsior had been fools to accept previous agreements as had been insinuated with regard to those Excelsior Councilmembers that had accepted the current agreement. Overall, he stated, neither accusation was accurate. Councilmember Wellens also stated he believed there was an anti-business attitude in Excelsior as demonstrated by the following examples: . Ryan Construction was blocked from occupying their building. . Bill Stoddard withdrew his proposal for a 10-unit row house. . The Nanny and Tutoring business was blocked. . Simply Nuts was blocked from installing a garage door. . Excelsior's advertising campaign un-invited Wal-Mart and Starbucks. . Terry Forbord wanted to put a $4.5 million building but was blocked. #~A CITY OF SHOREWOOD REGULAR MEETING MINUTES JULY 11, 2005 Page 2 of5 . Most recently, in the Star Tribune. Bill Mason publicly referred to the Heritage Board as . the Hysterical Board. .I Councilmember Wellens stated there seemed to be a long history of depressing property values within the City of Excelsior, which was the basis of its tax revenue, and he was quite concerned because the complaint from the City of Excelsior was that there was not any revenue. These two issues work together, and he stated he did not believe it was financial prudent for the City of Excelsior to prohibit so many projects that could generate revenue, and then turn to the other member Cities to ask for financial help. He went on to state he did not believe this financial problem should be spread to Shorewood's residents, and he did not believe the other member cities should be the first resort to fixing the City of Excelsior's fmancial problems but it seemed to be what was happening in this matter. He stated he believed the City of Excelsior was just beginning to feel the consequences of their policies and there was not any reason Shorewood's Council should seek to spread the financial burden to its residents." Motion passed 3/0. 3. CONSENT AGENDA . Wellens moved, Callies seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffmg - No action required . C. Acceptance of Proposal for Safe Assure Consultants D. Approval of a Sign Permit for Oasis MarketlMarathon Gas, 24365 Smithtown Road (Co. Rd. 19) Motion passed 3/0. . 4. MATTERS FROM THE FLOOR There were no matters from the floor presented at this meeting. 5. REPORTS AND PRESENTATIONS There were no reports and presentations this evening. 6. PUBLIC HEARING None. 7. PARKS Administrator Dawson stated there had not been a meeting of the Park Commission since the most recent . Regular City Council Meeting; thus, there was nothing to report. \ . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JULY 11, 2005 Page 3 of5 8. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the July 5, 2005, Planning Commission Meeting (as detailed in the minutes of that meeting). Acting Mayor Lizee stated she appreciated the efforts made by the Planning Commission in the Lake Virginia Woods case to reopen the Public Hearing and answer all questions by the Public as part of the planning process for that case. 9. GENERAL/NEW BUSINESS A. SLMPD Issues Group Recommendation Administrator Dawson stated Councilmember Wellens had requested this item be placed on the Agenda for this meeting for additional consideration, noting the chronological process of actions taken since the completion of the South Lake Minnetonka Police Department Issues Group meeting on May 26, 2005. Councilmember Wellens stated he wished to propose a resolution clarifying the decision made by the Shorewood City Council in recent weeks related to the tentative agreements package offered to the other member cities. Wellens moved Adopting RESOLUTION NO. 05-063, "A Resolution Affirming the Decision of the City Council Regarding the Approval of the Recommendation by the SLMPD Issues Group." Motion failed for lack of a second. Councilmember Callies stated she believed the minutes from the June 27, 2005, Regular Council Meeting to be quite clear on Shorewood's position on this matter. She stated the recommendation by the Council at that time was clear in its intent to deal with this issue one time only. Since that action had taken place, she stated, she would like to see the process move forward. 10. ENGINEERING/PUBLIC WORKS A. Accept Feasibility Report and Authorize Preparation of Plans, Specifications, and Engineering Estimate, and Request for Proposals Engineer Brown explained the City of Shorewood was being asked to consider a request for relocation of one of its three dry hydrant systems located on Enchanted Island and Shady Island. He stated these systems were constructed in 1994 as support for the fire department should a fire occur in that area. He further explained the hydrant in this case was initially constructed on the northeast portion of Enchanted Island, at 4550 Enchanted Point. The hydrant was initially installed adjacent to the shoreline of Lake Minnetonka on property previously owned by Gerald and Gretchen Grewe. The City of Shorewood had acquired a permanent easement from the Grewe's for access to the hydrant. Since that time, the property had changed ownership, and the new owner, Michael Catain, petitioned to move the hydrant from his property as he was planning to build a security system, with fencing, on his property. This new system would prohibit access to the dry hydrant, and had thus, necessitated this request. CITY OF SHOREWOOD REGULAR MEETING MINUTES JULY 11, 2005 Page 4 of5 Engineer Brown went on to explain that the City's Engineering Consultants, WSB & Associates, had . been directed to prepare a feasibility report on this project. The report submitted concluded that the extension of a line to meet the needs of the property owner would have little effect on the available fire flow from the hydrant, and would also allow better coverage for other homeowners in the area. For these reasons, Staff recommended accepting this report and adopting the resolution that would allow WSB & AssQciates to move forward with plans, specifications, and quotes for the project. Engineer Brown then outlined the process for financial responsibility and noted Staff would need to work with Mound Fire District Chief Pederson on this matter, should it be approved this evening. Michael Catain, 4550 Enchanted Point, stated he would appreciate being allowed to move forward with this request. He noted a boater had recently snagged the pump in the lake associated with this hydrant so further investigative efforts would need to be made to determine the pump's current functionality. He also stated it would be beneficial to have the hydrant's flow reach additional homes in the area as a result of the relocation of this hydrant. In response to questions by Councilmember Callies and Acting Mayor Lizee, Engineer Brown stated an easement had been permanently acquired by the City and was still in effect. Director Nielsen stated other property owners in that area had all donated the necessary easements for the dry hydrant system and had been assessed as part of the planning process for such matters. . Wellens moved, Callies seconded, Adopting RESOLUTION NO. 05-063, "A Resolution Accepting the Feasibility Report and Ordering Preparation of Plans, Specifications, and Estimate for Relocation of Dry Hydrant System for 4550 Enchanted Point." Motion passed 3/0. . 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown reported curb and gutters had been placed along certain portions of roadways associated with the County Road 19 Intersection project in recent weeks. He noted efforts were underway to "dress up" the area for the Excelsior Firefighters Relief Association Dance to be held on July 15,2005. He also stated a report on costs of burying utilities should be presented at the next Regular City Council Meeting. . B. Mayor & City Council Administrator Dawson reviewed several upcoming meetings for Council. Acting Mayor Lizee stated she wished to thank the many volunteers that assisted with the Fourth of July Celebration in Excelsior this past week. She noted volunteers had come from as far away as St. Louis, Missouri, to assist with the event, and the weather had cooperated as well to provide spectacular displays. She also complimented Mayor Love for his efforts in providing patrol boats around the fireworks display that evening. In addition, she thanked Engineer Brown and the City's Public Works Department. . , . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JULY 11, 2005 Page 5 of5 12. ADJOURN Wellens moved, Callies seconded, Adjourning the July 11, 2005, Regular City Council Meeting at 7:26 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk . . . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, JULY 18, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION DRAFT. Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee (arrived 7:15 P.M.), Turgeon, and Wellens; Administrator Dawson; Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Wellens moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. EXCELSIOR FIRE DISTRICT BUDGET Administrator Dawson stated there was a new budgetary review process for the EFD District budget and noted the rationale for the change. He briefly reviewed the 2006 Preliminary budget, noting the increases in operating expenses for the next year. He also reviewed the Orono contract and fund balance changes for the next year as well as changes to Shorewood's contribution to the preliminary budget for the Year 2006. Councilmember Turgeon expressed concern with several areas including the Orono contract being reflected in the budget, a standardized budget format retained for each year, as well as questions related to various categories within the preliminary budget presented. Administrator Dawson stated he would report back to the Council on these matters at a later date. 3. CITY OF SHOREWOOD PRELIN.nNARY BUDGET OVERVIEW Administrator Dawson explained the purpose of this item was to begin discussion of any items the Council would like included in the 2006 budget. He reviewed the schedule and general outlook for the budget including strategic financial issues as well as the proposed Year 2006 budget schedule. Councilmember Callies questioned the history of the levy limits in recent years and recommended the budget remain prudent in expenditures. Councilmember Turgeon questioned the status of the City's sanitary sewer lines and roadways. Engineer Brown provided an update on the City's infrastructure. Discussion ensued by the Council regarding the need for a policy on roadway rehabilitation and reconstruction. *~B CITY OF SHOREWOOD WORK SESSION MEETING MINUTES July 17, 2005 Page 2 of2 Councilmember Turgeon requested a line-item summary be provided for each department of the budget. . 4. SLMPD DISCUSSION Discussion ensued by the Council about possible options for consideration regarding unresolved issues associated with the Joint Powers Agreement. Council discussed various possibilities for changing parties to the Joint Powers Agreement as well as possible collaborative efforts with other cities. 5. EDUCATION REIMBURSEMENT POLICY Administrator Dawson explained the Benefits Committee had reviewed the City's existing education reimbursement policy and provisions for repayment should City employment cease within one year's time from the completion date of the coursework approved. He then went on to explain the various aspects of the Committee's recommendations. . After a brief discussion by Council regarding various recommendations presented, Council indicated agreement for the recommendations as presented. Administrator Dawson stated this item would be placed on the next Regular City Council Meeting Agenda for Council action. 6. ADJOURN Wellens moved, Lizee seconded, Adjourning the Work Session Meeting of July 18, 2005, at 8:53 P.M. Motion passed 5/0. . RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor . Craig W. Dawson, City Administrator/Clerk . " #, . PAYABLESAPPROVALS For 7/25/05 Council Meeting . Prepared bY~~ '7 ~ Date: ;/&--I /os- . Michelle T. N.g~ unting Clerk . I . . ' . RevIewed by: ~ 7 Date: I~ ~s Bonnie Burton, Finance Director Approved by: ~ ~/ U- Date: 1 ~ ~O~ Craig Da son, City AdnUnistrator . . . #3A . PAYROLL APPROVALS For 7/25/05 Council Meeting . Prepared bY~ 7 ate: ~~S Reviewed by: L Date: "1/.:J.t /u;ot:; Bonnie Burton, Finance Director ~. J4- Date: l~/?OtJ~ . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM DATE: July 20, 2005 . TO: Mayor and City Council Members Jean Panchyshyn, Executive Secretary/Deputy Clerk .j:"~ FROM: CC: Craig W. Dawson, City Administrator . RE: TEMPORARY GAMBLING LICENSE - Lake MinnetonkalExcelsior Rotary Club The Lake MinnetonkalExcelsior Rotary Club will be holding its annual charity golf tournament at the Minnetonka Country Club on August 22,2005. They will be conducting a raffle at this event. Proceeds from the raffle will be used to support various charities including the Simpson Shelter, lCA Food Shelf, Bridging and ACES. . COUNCIL ACTION Adoption of a Resolution Approving the Temporary Gambling License for the Lake Minnetonka/Excelsior Rotary Club , for a raffle drawing to take place on Monday, August 22, 2005, at the Minnetonka Country Club, 24575 Smithtown Road in Shorewood. . :if3~ #. ~J PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 05- . A RESOLUTION APPROVING A TEMPORARY GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and . WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and has agreed to all terms and conditions of the agreement contained in the license. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: . That a single temporary license for the conduct of gambling as specified in the terms and conditions of the license be issued to Lake Minnetonka IExcelsior Rotary Club. Said raffle to be held on Monday, August 22, 2005, at the Minnetonka Country Club, 24575 Smithtown Road, Shorewood, MN 55331. ADOPTED by the City Council of the City of Shorewood this 25th day of July, . 2005. ATTEST: Woody Love, Mayor . Craig W. Dawson, City Administrator/Clerk . .. . . . . . JUL-~~-~~~~ ~~.~~ L.1MI'ICI- ! 1'11..1 ....UI'I II"'.UI- CUMI"'.!) O~~O...l::>~~...l~ r.~J./~( Minnesota Lawful Gambling LG220 Application for Exempt Permit Page 1 of2 11/04 Fee $50 For Board Use Only Fee Paid Check No. An exempt permit may be issued to nonprofit organizations \=onducting lawful gambling activity on five or fewer days, and awarding less than $50.000 in prizes during a calendar year. Organization Information Organization legal name Fe."...i.... .. -"'41>)-\.'1' Street Previous license or exemption number. if any ,L(,-JS state and zip code ,tW S533 , Name of chief executive officer (CEO) First name ~,j Type of nonprofit organization (check one) D Fraternal 0 Religious D Veteran IE other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) o Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office o lntemal Revenue Service .' D Affiliate of parent nonprofit organization (charter) Gambling Premises Information Name of premises where gambling activity wlll be conducted (for raffles. list the site where the drawing will take place) ,'n/~.;h 1\4 U W\ t-l ~b Address (do not use PO box) 4 ~1< .J~ ~tf.. 'hvlll K4. Date(s) of activity (for raffles. indicate the date of the drawing) g r>- uS' Cheek the box or boxes that indicate the type of gambling activity your organization will be conductin9: D *Bingo IK1 Raffles 0 .Paodlewheels D *Pull-Tabs 0 *Tipboards -Gambling equipment for pl.IlI-tabs, tlpboards. paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.sta_.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. This form win be made available in alternative YOI.lr name and and your organization's name the following: Board members. staff of the format (i.e. large print. Braille) upon reQuesl and address will be public information when Board whose work assignment requires that The information requested on this form (and received by the Beard. All the other Information they have access to the information; the any attachments) win be used by the Gambling that you provide will be private data about you Minnesota Department of Public Safety; the Control Board (Board) to detelTl'llne your until the Board issues your permit. When the Minne$OtaAttorney General; the Minnesota qualifications to be involved in lawful gambling Board IsSU9S your permit. aU of the information Commissioners of Administration. Finance, activities in Minnesota. You have the right to that you have provided to the Board in the end Revenue: the MInnesota Legislative refuse to supply the Information requested; proce55ofapplyingforyourpermltwillbecome Auditor. national and international gambling however. if you refuse to supply this public. If the Board cloes not Issue you a regulatory agencies; anyone pursuant to court information, the Board may not be able to pennit. all the information you have provided order. other individuals and agencies that are determine your qualifications and, as a in the process of applyll\g for a permit remains specifically authorized by state orfeclerallaw consequence. may refuse to issue you a private. with the exception of your name and to have access to the information; indlvlcluals permit. If you supply the information your organization'S name and address which and agencies for which law or legal order requested, the Board will be able to process will remaln public. authorizes a new use or shanng ofinfclTl'1ation your application. Private data about you are available only to afl:erthis Notice was given; and anyone with yourc:onsent. City b ~'~J ~J Zip code rS-s3 I County fl.lUl ..", JUL-~~-~~~~ ~~.~~ L.1HrtDI-! 1'11..1 ~UI'II "UI- CUM"!) O..,).LO...J,;)""'tt:J...J.... r". t:Jc,,/ I:::J f LG220 APPlica~or Exe(Et Permit IJ. . ~ Cc- Page 2 of 2 Organization Name ... t:>~')...J f- ~( (~C:1DJ4cA&C!EtS.,~ " q..l:, 11/04 Local Unit of Government Acknowledgment If the gambling premises Is wIthin city limits, the city must sign this application. On behalf of the city, I acknowledge thls application. If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the city is taking on thIs application. D The city approves the application with no waiting period. Check the action that the county Is takIng on this application. O The county approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Soard to issue a permit after 30 dayS (60 days for a first class city). o The county approves the application with a 30 day waiting period. and allows the Board to issue a pennit after 30 days. o The city denies the application. o The county denies the application. Print name of city Print name of county Signature of city personnel receiving application Signature of county personnel receMng application Title Date_'_'_ Title Date~'_'_ TOWNSHIP: On behalf of the township. I acknowledge that the organization is applying for exempted gambling activity within the town$hip limits. [A township has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd. 2).] Print name oftownship Signature of township official acknowledging application Trtle Date_'_'_ Chief Executive Officer's Signature The information provided in this application is camp' te and accurate to financial report will be completed and returned he Gam activity. Chief executive officer's signature st of my knowledge. I acknowledge that the rd within 30 days of the date of our gambling Name (please print) '\20 S;s tv\r (rt~.A~ s bJ DateLLJ IO~ Mail application and attachments Complete an application for each gambling activity; . one day of gambling activity . two or more consecutive days of gambling activity . each day a raffle drawing is held Send: . the completed application, . a copy of your proof of nonprofit status (see instructions), and . a $50 application fee. Make check payable to "State of Minnesota", To: Gambling Control Board 1711 West County Road B, Suite 300 South RosQville, MN 55113 tfI . . . . . p . ~. . . . .> . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: July 21,2005 . TO: Mayor and City Council Members Jean Panchyshyn, Deputy Clerk ~ FROM: cc: Craig W. Dawson, City AdministratOlt1~ Bonnie Burton, Finance Director V...l) RE: 2005 Fee Schedule Fees that residents pay to the city for licenses, permits, service charges and miscellaneous fees are determined from time to time by the Shorewood City Council. The attached Ordinance sets the fees noted below: TYPE OF CHARGEIFEE CITY CODE REFERENCE I. MISCELLANEOUS PERMITS & LICENSES Animal Impound Fees Daily Boarding Fee (minimum 2-day fee) m. UTlLITYRATES Water Water Meter 5/8"x3/4" Meter (with touch pad) 3/4" Copperhorn for 5/8" meter Touch Pad only . 1" Meter 1 " Copperhorn & connections 1" Pressure Reducing Valve 903.03.1b(2) ft ~~ PRINTED ON RECYCLED PAPER CURRENT FEE 25.00 90.00 30.00 N/A 170.00 55.00 85.00 NEW FEE 27.00 105.00 40.00 15.00 180.00 no change 55.00 iFjD ...... 2005 Fee Schedule July 21,2005 Page Two .~ TYPE OF CHARGEIFEE CITY CODE REFERENCE CURRENT NEW FEE FEE IV. MISCELLANEOUS FEES AND CHARGES Color Copies N/A 1.00lpg/single side VI. BUILDING, ZONING, LAND USE Building Permit 1001.03 Per 1997 UBC 1997 UBC SECTION 107, TABLE I-A 1997 UBC TABLE I-A AND STATE RULE 1300.0160 Reinspection Fee N/A $35.00 . Council Action Approval of an Ordinance setting License, Permit, Service Charges and Miscellaneous Fees . . . .. CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A . CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES TYPE OF CITY CODE CHARGE/FEE REFERENCE I. MISCELLANEOUS PERMITS & LICENSES CHARGE/FEE . Animal Impound Fees Daily Boarding Fee (minimum 2-day fee) 27.00 llI. UTILITY RATES . Water Water Meter 5/8"x3/4" Meter (with touch pad) 3/4" Copperhom for 5/8" meter Touch Pad only 1" Meter I" Copperhom & connections 1" Pressure Reducing Valve 903.03.1b(2) 105.00 40.00 15.00 180.00 55.00 55.00 IV. MISCELLANEOUS FEES AND CHARGES Color Copies 1.00/pg/single side VI. BUILDING, ZONING, LAND USE Building Permit 1001.03 1997 UBC SECTION 107, 1997 UBC TABLE I-A AND STATE RULE 1300.0160 . Reinspection Fee $35.00 City of Shorewood - Page I Rev 7/25/05 Section 2. This ordinance is effective the date following its publication. .. ADOPTED BY THE CITY COUNCIL of the City of Shore wood, Minnesota this 25th day of July, 2005. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk . . . City of Shorewood - Page 2 Rev. 7/25/95 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 21 July 2005 RE: Sign Permit - Caribou Coffee (Shorewood Village,Shopping Center) . FILE NO. 405 (Sign Permits) . Sign Art Co., on behalf of Caribou Coffee, has requested a sign permit for their location within the Shorewood Village Shopping Center located at 23520 Highway 7. Consistent with the most recently approved overall signage plan for the center, the signs for this corner location will be positioned within the signage bands on the south and west faces of the building as illustrated in Exhibit A, attached. The plan is consistent with previous approvals and it is recommended that the permit be granted. If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Craig Dawson Sign Art Co. . #.. '-.1 PRINTED ON RECYCLED PAPER IF 3. E. . . . . . . . . ~ *C~~ / ~ / :\ 64'.11" II I I r ,.,u , 1'-0" - f;;: ~ ~ ,) ~1Bl@~ ~ ~@/r!f1~1t '? N N . ~ ~ ~ --- -- INTERNALLY ILLUMINATED LETTERS & LOGO MOUNTED FLUSH TO BUILDING. LETTERS TO HAVE / .", / D TRANSLUCENT WHITE ACRYLIC FACES WI RETURNS PAINTED MATTE BLACK. LOGO TO HAVE MATTE BLACK \ CARIBOU & FRAME WI TRANSLUCENT TEAL INSET. \ \ NOTE: BUILDING FASCIA TO BE SUFFICIENTLY DARK I II I FOR CONTRAST WITH WHITE LETTERS. \ EXPOSED NEON ~ NOTE: CITY OF SHOREWOOD HAS RECEIVED CONDITIO WEST ELEVATION USE PERMIT FILED BY PROPERTY MANAGEMENT FIRM OPEN SIGN INSIDE LIMITING WALL SIGN AREA. FOR TENANT'S WITH SCALE: 1/4" = WINDOW. LESS THAN 5000 SQUARE FEET, TO 20 SQUARE FEET OF WALL SIGN, PER FRONTAGE. <~~~~\\ ! /~\J SIGN AREA SHOWN: 2'-6" X 7'-10" = 19.58 SQUARE FE 25'-0" I /; ~'\ '\ /"i~; ~.. ~\ ~~~ ;: \ <\ /, :\ ! , t- ~ I i ; I rIti-ol'. , 0' --1 ~ / ~ ti. ~- ,. [J ;Z c:- tN" It == I r :~ TENANT I ~ TENANT I :== : 1/ '" Ij, ;1 / [ '. 1// '. '" " 11\'" // \ ::11l\ II , : 1'\ / c:J c= I SOUTH ELEVATION SCALE: 1/4" = 1'-0" CARIBOU COFFEE INTERNALLY-LIT SIGN NAL ET. Exhibit A . . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www,cLshorewood,mn,us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator ,,~ July 21,2005 \I.lJ Proposed Education Reimbursement Policy The Benefits Committee has reviewed the City's existing tuition reimbursement policy in light of discussion on the City Council that there should be some provision for repayment to the City if the benefiting employee were to leave after taking courses and/or earning a degree or accreditation. The major points of agreement were: . There needs to be a distinction that reimbursement is for elective educational coursework--not training or coursework that is required for one's position, or short-duration workshops or seminars as they are training or professional development. . Employees should be reimbursed for education related to any position or function in the City organization, not just directly to one's position, as it would be helpful for employees to have qualifications for other positions in the City. . Courses required for degrees or accreditations that are not directly related to City functions should be eligible for reimbursement. The City often prefers, rather than requires, post-secondary degrees, and should be willing to reimburse employees to achieve those levels of education. . There are many systems in place among cities regarding repayment oftuition reimbursement if an employee leaves the organization, ranging from nothing to several years, and from 100 percent to a sliding scale since the last course taken. The Committee believed there should be an ease of understanding and an ease of administration, and that a one-year look-back with 100 percent repayment would be fair to the employees and the City. This would apply to employees who voluntarily terminated their employment with the City. . There should be reasonable and fair limits set on what the City should reimburse. Tuition fees vary widely depending on the institution one attends. Costs for courses at the University of Minnesota should be the benchmark (currently approximately $250 per semester credit). It is also reasonable to assume that one would take one course per term (3 to 5 credits) while carrying a full workload. Consequently, the maximum reimbursement for tuition, books, and course-related fees should be $3,000 per year. . The reimbursement program should be available.to all regular city employees. Regular full-time employees, (per federal defmition, those who average a minimum of 32 hours per week are eligible for full benefits) would be eligible for the maximum reimbursement of$3,000 per year. Regular part-time employees would be eligible for pro-rated maximum reimbursement, based on the average number of hours they work per week. The Benefits Committee has endorsed the proposed policy that follows. The Council reviewed it at the July 18 work session and indicated approval. Council should formally adopt the proposed policy. ... '-J PRINTED ON RECYCLED PAPER #3F Proposed Education Reimbursement Policy July 18, 2005, City Council Work Session Page Two Current Education Reimbursement Policy: "It is the policy of the City to encourage all forms of in-service training in order to improve the qualifications of employees in their positions and to prepare them for advancement in the City Service. In order to effectuate this policy, the City will reimburse any regular full-time employee the tuition cost for successfully completed approved class in any accredited college, vocational school, or correspondence school curriculum. Prior written approval of the course must be given by the City Administrator. Successful completion means that the employee receives a satisfactory grade or certificate of competency from the Course Administrator. Special fees, activity fees, book fees, or the cost of supplies will not be reimbursed by the City. No more than five credit hours will be approved during any quarter or semester. Employees are required to take the courses outside oftheir normal work schedules. This policy is subject to the availability of funds." Pro Dosed Policy: The City of Shorewood encourages all forms of education and training that improves the qualifications of employees in their current positions and may prepare them to take other positions within the City organization. The City encourages its employees to enroll in job- and City~related educational courses and may provide rmancial assistance by reimbursement. Upon successful completion of an approved class in any accredited college, vocational school, or correspondence school, the City will reimburse any regular full-time employee the costs of tuition, books, and course-related fees. Courses that are not directly City-related, but are required to earn a degree or accreditation preferred by the City, are eligible for reimbursement. Successful completion means that the employee receives a satisfactory grade ("C" or better, or "pass" on a pass/fail basis) and provides documentation of same by the educational institution. Prior written approval of the course must be given by the City Administrator for any reimbursement. Employees are required to take the courses outside of their normal work schedules. If time off to attend classes during regular working hours is approved by a department director, such time must be fully made up at another time approved by the director. The maximum annual reimbursement is $3,000 per regular full-time employee (minimum average of 32 work-hours per week), on pro-rated subject to the availability of City funds. Regular part- time employees are eligible for a pro-rated maximum reimbursement, based on the average number of hours worked per week, subject to the availability of City funds. When an employee voluntarily terminates employment with the City, he/she will be required to repay all of his/her education reimbursement from the City for one full calendar year prior to the effective date of resignation. This policy applies to those elective educational coursework --classes that employees choose to take on their own. It does not apply to coursework required for licensure or accreditation for an employee's position, and it does not apply to occasional classes, seminars, workshops, and conferences that the City makes available for training and development. . . . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig W. Dawson, City Administrator . FROM: . Larry Brown, Director of Public Works DATE: July 21,2005 SUBJECT: July 25, 2005 City Council Agenda Item #3G - Authorize Change Order for County Road 19 Project . This item will be delivered under separate cover. . . -# 3 Cr- n ~.1 PRINTED ON RECYCLED PAPER . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 21 July 2005 RE: Dry Cleaning Station - Temporary Sign Permit . FILE NO.: 405 (Sign Permits) Ms. Paula Green, owner of the Dry Cleaning Station at Shorewood Village Shopping Center, has requested approval of a sign permit to display a temporary billboard announcing the grand opening of her new store. The sign will be no larger than 32 square feet in area and will be located in front of the Shopping Center. The applicant proposes to display the sign, upon approval, for seven consecutive days, from July 26th until August 2nd. . . Section 1201.03 Subd. 11c.(4) of the City Code provides for the use of temporary signs twice within any 12 month period, seven days at a time and no larger than 32 square feet in area. Our records indicate that the Shorewood Village Center has not had more than one temporary sign permit within the last 12 months. As such the permit is consistent with Shorewood's sign regulations and should be approved. Cc: Craig Dawson Tim Keane Paula Green Martin Tahija . David Schwiebel . ~H ,. ~.1 PRINTED ON RECYCLED PAPER .TO: City of Shorewood City Council From: Tom Skramstad, LMCD Representative Date: July 18th, 2005 Here is my "periodic" report of LMCD activities. 1. Summer Event: The LMCD, in cooperation with Crystal-Pierz Marine, will be having a special event on August 13 at the Excelsior Commons. The theme will be "The Future of the Lake." There will be exhibits on boating safety, exotic species, fishing and lots more. We are arranging to have the Power Squadron and Water Patrol there, and a milfoil harvestor. We hope to have a charter boat available to take visitors on rides. A banner will hang over Water Street and posters will be made up and distributed. We expect good publicity from TV stations and the newspapers. If successful, this will be become an annual event. 2. Deicina permits: In 2004 the LMCD placed a moratorium on the issuing of additional deicing permits so that additional studying of this issue could take place. Good discussions have taken place and necessary revisions to .current regulations are now in the works. The new regulations will define a specific area where the open water, unsafe ice, and a protective fence must be, which is not clear in today's ordinance. It is also likely that restrictions will be placed on smaller properties where deicing cannot be properly/safely done. It is also likely that the new regulation will not allow deicing at residential "seasonal" docks (a seasonal dock is one that is put in with hand tools as opposed to mechanical pile drivers.) 3. Milfoil Harvestina: Harvesting started on June 8th with harvestor launching in Spring Park Bay. The Upper . Lake was harvested first and the Lower Lake is now being done. Milfoil growth is particularly heavy this season. After one pass throughout the Lake, a second pass could be made into areas that need it. Harvesting is scheduled to end in mid-August. 4. Zebra Mussel Prevention Proaram: This year the LMCD is once again working with the DNR to conduct zebra mussel inspections on peak days, during peak times, at five selected public accesses (Grays Bay, Wayzata Bay, Maxwell Bay, North Arm, and Spring Park.) In total, 2,200 hours will be expended in this year's effort. The LMCD will . continue to evaluate how such inspections fit into the overall zebra mussel prevention program. 5. Boat Densitv Committee: A significant investment of Board time has been made in studying this matter, the goal of which is to maintain or improve the public's ability to have a safe and enjoyable boating experience on the Lake. A public hearing was held on May 11 th and a great deal of useful information and opinion was collected from public testimony. An action plan has been developed and will be presented to the Board for approval at the July 27th meeting. The recommended action plan includes: examining current regulations to ensure they still make sense; revising regulations where needed; improving public awareness of existing regulations, developing an improved method of enforcing existing regulations; publicizing "safe boater classes", and taking a leadership role in requiring a boating driver's license/exam. 6. "Outreach Initiative": The LMCD Board has started an initiative to develop better working relationships with others who have a strong interest in the Lake area community (realtors, dock installers, charter boat owners, marinas, restaurants and more.) The objective is to have a much broader community of people working together for the protection of the Lake. . 7. Solar Liahts: 2005 will be the 4th year of attaching solar lights to the top of navigational buoys in high traffic areas. The program has received much positive feedback. #511 8. Water Patrol Deputy Proiect: This will be the 5th year of increased water patrol deputy presence on the Lake. . The LMCD member cities were instrumental in launching this program in 2001 by providing partial funding. Funding has come from the Hennepin County since 2003, which we hope will continue. The benefits to the Lake users and surrounding communities are noticeable. 9. Boat Density and User Attitude Surveys: The LMCD Management Plan calls for these studies to be done every 4 years. The latest studies were completed in 2004; and the results were presented to the Board in the Spring of 2005. A copy of the two studies will be sent to each member city along with a management summary. 10. Minnehaha Creek Watershed District: Several meetings have been held with this agency, and synergies appear to be present in numerous areas: harvesting milfoil, protecting against zebra mussel infestation, use of geographical information system technology, sharing summer interns, and coordination of general efforts/projects. Further discussions are underway. 10. Budaet: The 2006 budget was mailed to the Cities at the end of June, meeting the July 1st deadline established by the State Legislature. There was a 4.3 % increase over last year, which is primarily going to support increased . regulation enforcement and zebra mussel prevention. 1..h Web Paae: The LMCD's WebPage address is: http://www.lmcd.org. . . . Page -- 2 - ~ . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 21 July 2005 RE: Raisbeck - Vacation of Existing Drainage and Utility Easements FILE NO.: 405 (05.13) Last month the City Council approved a minor subdivision/combination and a conditional use permit for David and Ellen Raisbeck. A condition of the minor division was that the Raisbecks would grant drainage and utility easements around the perimeter of the newly created parcel, per ShorewoodSubdivision Code requirements. The Raisbecks also requested that existing easements on the small parcel they are purchasing from Karen Zubert be vacated. A public hearing has been scheduled for Monday night's Council meeting. A draft resolution is attached for your consideration (Attachment I). Adoption ofthis resolution should be contingent upon the Raisbecks recording the Easement Agreement (Attachment II) along with the vacation resolution. The Easement Agreement is the document that provides for the new drainage and utility easements. Staff recommends approval of the resolution vacating the existing easement. Cc: Craig Dawson Tim Keane Larry Brown David Raisbeck Jeffrey Watson 769747v2 #. ~J PRINTED ON RECYCLED PAPER '# b.A. . CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WHEREAS, Notice of Public Hearing on the proposed vacation of certain drainage and utility easements in the City of Shorewood, Hennepin County, Minnesota, was published in the ExcelsiorlShorewood edition of the SUN'SAILOR NEWSPAPER on the 14th and 21st days of July, 2005, and in the LAKER on the 16th and 23rd days of July; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 25th day of July, 2005, in the Council Chambers . at the City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that utility and drainage easements, located on the property at 26640 Edgewood Road, which easement is described in Exhibit A, attached, be and hereby is vacated. . BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of July, 2005. . WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . Attachment I . . . . . EASEMENT AGREEMENT TIllS EASEMENT AGREEMENT (this "Agreement") is made this _ day of . 2005, but effective as provided below, by David W. Raisbeck and Ellen J. Raisbeck, husband and wife (collectively, the "Raisbecks"), and Karen J. Zubert, a single person ("Zubert"), to and in favor of the City of Shorewood, a Minnesota municipal corporation (the "City"), and is based on the following facts: A. The Raisbecks are the owners of real property situated in Hennepin County, Minnesota, legally described on Exhibit "A" attached hereto and made a part hereof by reference (the Existing Parcels"). B. The Raisbecks also have the right to become the owners of real property situated in Hennepin County, Minnesota, legally described on Exhibit "B" attached hereto and made a part hereof by reference (the "Additional Parcel"), pursuant to a purchase agreement between Zubert, as seller, and the Raisbecks, as purchaser. C. Each of the Existing Parcels now constitutes a separate parcel of real estate for purposes of conveyancing and real estate taxation. D. The Additional Parcel currently constitutes only a portion ofa parcel of real estate for purposes of conveyancing and real estate taxation, which is owned by Zubert and is legally described as Lot 2, Block 1, Elmridge (the "Existing Zubert Parcel") and, as a result, the Additional Parcel may not legally be conveyed by Zubert to the Raisbecks unless and until the City grants approval of the subdivision of the Existing Zubert Parcel or waives compliance with the City's subdivision requirements. E. The Raisbecks have applied to the City for: vacation of certain easements located within the boundaries of the Additional Parcel (the "Old Easements")~ and approval of the subdivision of the Existing Zubert Parcel into the Additional Parcel and the remainder of the Existing Zubert Parcel (the "Remaining Zubert Parcel"), under the provisions of the City's subdivision ordinance for minor subdivisions. 769747v2 Attachment II '0 s:: ~ s:: o 'g u1:l ~ Q) ;> a -5~ ;J~ t+-4 m 0..... ..s::: -;-+-> ;> ~ p ;> a;.::: ~.g mOO .~ fa Q) B8 s:: Q) .9 ~ .~ -gi 8.g ~N '0 ~ fa m "cf~ e Q) 'S fA 0" ';S e~ fI.l 2 ~';:l ..s:::..... >.j! .-t:= ~ U....r Q) ~ ..s::: e E-to.. ~ s:: .0 ~ 'm '> ..... '0 .g fI.l . Q) - ..s::: Q) -+-> U ~ ta op.. at ..... Q) ~.o ~~ ;> ..s:::gp u..... ::s"ti:: fI.l ..... ~~ e Q) o....s::: o..-+-> ~t o Q) -+-> ~ .~8 Uo Q) -+-> . ..s:::'O- -+-> Q) 8 Q).= ta u::sp.. ..sO" s::et ..... 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Upon this Agreement becoming effective as provided in Section 2 above, Zubert hereby donates and dedicates to the public forever, easements for utility and drainage purposes over, above, under and across the portion of the Remaining Zubert Parcel legally described on Exhibit "E" attached hereto and made a part hereof by reference (the "Zubert Utility and Drainage Easement Area").. 7. Warranties of Zubert. Zubert warrants to the City that Zubert is the owner of fee title to the Existing Zubert Parcel, that Zubert has the lawful right and authority to convey and grant the easements pursuant to Section 6 above, and that the Existing Zubert Parcel is free from all encumbrances except for any encumbrance the holder of which has joined in and consented to this Agreement. 8. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which together shall constitute a single agreement. THE RAISBECKS: David W. Raisbeck Ellen J. Raisbeck ZUBERT: Karen J. Zubert STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 2005, by David W. Raisbeck and Ellen J. Raisbeck, husband and wife. Notary Public 769747v2 3 . . . . . STATEOFMINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 2005, by Karen J. Zubert, a single person. NotarY Public This instrument was drafted by: Moss & Barnett (JL W) A Professional Association 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-4129 769747v2 4 . . . . . EXHIBIT A THE EXISTING PARCELS The following described real property situated in Hennepin County, Minnesota: Parcell (property 1.0. 29-117-23-34-0015) Lots 1 and 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka. That part of vacated Lakefront as shown on the Plat of Sampsons Upper Lake Park, including the accretions thereto lying between the extensions to the shore of Lake Minnetonka of the East line of Lot 1 and the Southwesterly line of Lot 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka. Together with a non-exclusive easement for ingress and egress as shown in deed Doc. No. 987048. (Certificate of Title No. 701735) Parcel 2 (property ID. 29-117-23-34-0001) That part of Government Lot 3, Section 29, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Southeast comer of Lot 3, Section 29, Township 117, Range 23, running thence West along the South line of said Section 29 a distance of 791 ~ feet to the point of beginning; thence North 1 degree 3 minutes West by a deflection Northerly 88 degrees 57 minutes to the South line of South Street, in Sampson's Upper Lake Park; thence Northeasterly along said South line of said street to a point where the Easterly line of Lot 1, Block 1, said Addition if produced would intersect the South line of said South Street; thence Easterly parallel with the South line of said Government Lot 3, a distance of 50 feet; thence Southeasterly to a point on the South line of said Government Lot 3,250 feet East of the point of beginning; thence Westerly along said South line of said Government Lot 3, to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 769747v2 5 . EXHIBIT B THE ADDITIONAL PARCEL The following described real property situated in Hennepin County, Minnesota: That part of Lot 2, Block 1, Elmridge, Hennepin County, Minnesota, lying westerly and southwesterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park Lake Minnetonka, to an angle point on the westerly line of said Lot 2, Block 1, Elmridge located 206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2. . . . . 769747v2 6 . EXHmIT C THE OLD EASEMENTS The utility and drainage easements, dedicated pursuant to the plat of Elmridge, over and across that part of Lot 2, Block 1, Elmridge lying westerly and southwesterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park Lake Minnetonka, to an angle point on the westerly line of said Lot 2 lying 206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2. . . . . 769747v2 7 . . . . . EXHIBIT E THE ZUBERT UTILITY AND DRAINAGE EASEMENT AREA That part of Lot 2, Block 1, Elmridge, Hennepin County, Minnesota, described as follows: A strip of land, five (5) feet in width, lying southwesterly of a line drawn parallel to and five (5) feet northeasterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park Lake Minnetonka, to an angle point on the west line of said Lot 2, Block 1, Elmridge, lying 206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2. The northeasterly and southwesterly lines of said strip of land shall be shortened or lengthened to terminate at the edges of the existing utility and drainage easements dedicated over said Lot 2 in the plat ofElmridge. 769747v2 9 ',,- . . . . . MORTGAGEE JOINDER AND CONSENT U.S. BANK NATIONAL ASSOCIATION, a national banking association, the owner and holder of the following described mortgage (the "Mortgage"): Mortgage granted by David W. Raisbeck and Ellen 1. Raisbeck, husband and wife, to First Bank National Association, securing the maximum principal sum of $100,000.00, filed for record in the office of the Registrar of Titles in and for Hennepin County, Minnesota on December 27, 1989 and recorded as Document No. 2062611, as amended and extended by Document Nos. 2244900,2275868,2320019,2360784 and 2900986; hereby joins in and consents to the foregoing Easement Agreement, and agrees that its rights and remedies under the Mortgage shall be subject and subordinate to the easements granted pursuant to the foregoing Easement Agreement. U.S. Bank National Association By Its STATE OF MINNESOTA ) ) ss ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of . 2005, by . the of U.S. Bank National Association, a national banking association, on behalf of the association. Notary Public My Commission Expires: 769747v2 10 \' . . . . . IDRAFT CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, JULY 12, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING A. Roll Call Present: Chair Davis; Commissioners Young, Farniok, Westerlund, and Moonen; and City Engineer Brown Absent: Commissioner Wagner and City Council Liaison Turgeon B. Review Agenda Report Item 1A, Park View Subdivision and an update under Item 10 of the Freeman Park Wetland Enhancement and Interpretive Center were added to the agenda. Westerlund moved, Farniok seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of May 10, 2005 The 4th page, paragraph 10, 'grid' chamber was changed to 'grit chamber'. The page numbers within the heading were corrected to correspond with the appropriate page numbers. B. Park Commission Park Tours of May 24, 2005 Item 2A, Manor Park Pond, 'Lorin' Hatch was the corrected spelling of the limnologist for the 'Minnehaha Creek Watershed District', spelled out in the same sentence. On the same page, the second to the last line, the's' was stricken from the word 'makes'. Farniok moved, Young seconded, to approve the Park Commission Minutes of May 10 and May 24, 2005, as amended. Motion passed 5/0. C. Park Commission Work Session of June 28, 2005 Item 2, paragraph 4, the word 'vehemently' was changed to 'strongly'. The Commissioners expressed their desire to host morning work sessions on occasion. Brown indicated that, due to open meeting laws, the location must be published and suggested the meetings be held in the Council Chamber. Young moved, Moonen seconded, approving the Park Commission Work Session Minutes of June 28, 2005, as amended. Motion passed 5/0. *1,4 r J PARK COMMISSION MINUTES TUESDAY, JULY 12, 2005 Page 2 of6 3. MATTERS FROM THE FLOOR . There were none. 4. REPORTS A. Report on City Council Meetings Brown reported that the past two City Council meetings were brief and that nothing pertaining to parks was discussed. B. Music in the Park Series Chair Davis reported that she counted approximately 168+ people at the Music in the Park concert featuring Big Walter. She indicated that the turnout was incredible, though the volume might have been a bit too high further away from Eddy Station. . Famiok stated that the group was delightful, prompt, and pleasant. She disagreed that the volume was too high, and instead felt the concert was fairly low key and enjoyable. Brown commented that many seniors from the neighboring development complimented the city on the event and many people seemed to stop spur of the moment to join in the festivities. Chair Davis suggested the Commission begin thinking about what to add to the music series next year to . continue to enhance this amenity. She indicated that the Parks Foundation would like to set up a funding mechanism for fu~e events. The Commission set August 23rd, 7:00 am, at City Hall as the next work session to specifically discuss the Music in the Park Series for 2006. C. Skate Park Equipment Brown stated that the Skate Park equipment has been received and would be installed after Public Works . Staff have caught up with other projects. He hoped this would occur within the next week or so. 5. 2005 FIRST AND SECOND QUARTER REPORT FROM COMMUNITY REC RESOURCES (CRR) CRR Representative Kristi Anderson reviewed the memo provided to the Commission and discussed the new process introduced to the sports organizations this past season. Now electronically reciprocated, the data request forms submitted by the sports organizations in advance of the sports information meeting allow CRR to develop a schedule that can be distributed at the meeting in exchange for fees and required documentation. Anderson continued, noting that use by additional sports organizations, such as Lacrosse and Men's Adult Baseball have been successfully incorporated into the past schedule. In addition, Tonka United Soccer Association (TUSA) hosted a tournament at Freeman, despite unpredictable weather. Other observations included increased passive use of Freeman trails, little issue with regard to parking, and a good balance struck at Badger and Manor with regard to neighborhood use and organized use. . , , . . . . . PARK COMMISSION MINUTES TUESDAY, JULY 12, 2005 Page 3 of6 The Commission thanked CRR for their ongoing coordinating services and communication, complimenting them on their effectiveness and ability to manage organized use of park facilities. 6. WATER QUALITY MONITORING AT MANOR PARK POND Westerlund reported that she has begun the process of collecting samples from Manor Park Pond, submitting them to limnologist Hatch, who will have the samples analyzed, and will report back with the results in the fall. Farniok asked if Hatch would be willing to provide the Commission with some recommendations based on the data results. Westerlund stated that she would ask him to do so. Young moved, Farniok seconded, to authorize the expenditure of $176.01 and authorize Commissioner Westerlund to collect samples and data for the Manor Park Pond study. Motion passed 5/0. 7. REQUEST FOR DEDICATION OF SIDRLEY RICE MEMORIAL Farniok explained that the family of Shirley Rice set aside a fund to make enhancements to the memorial garden with the help of the Shorewood Garden Club, of which Farniok is a member. The Club, in conjunction with the family, would like to place a bronze plaque in honor of Shirley Rice with the Commission's approval. Young stated that he would support accommodating the family's wishes, as long as it complies with policy. Brown stated that he did not feel this to be a 'substantial gift' as defined by the donor policy; therefore, he saw little conflict but wished to obtain Commission approval before proceeding. Chair Davis stated that posting a plaque in her honor sets a good example for the community and encourages others to follow suit. Young suggested that a newsletter article acknowledging her contributions and inviting the public to the dedication might be nice compliment to the plaque. Westerlund suggested that the plaque memorialize the garden and her accomplishments more specifically, in the event the park sign change someday, or knowledge of her contributions are lost. Brown agreed, stating that the dedication builds community involvement and commemorates her efforts. He suggested the garden club come before the Park Commission and City Council to get approval of a concept plan, then the City will publicize the dedication in the newsletter. Famiok stated that she would obtain specifics of Rice's contributions from a staff file and bring back a concept plan to the next meeting. , , PARK COMMISSION MINUTES TUESDAY, JULY 12, 2005 Page 4 of 6 8. EXPLORE METHODS TO REDUCE VANDALISM WITHIN THE PARKS . Brown stated that he had spoken to a number of agencies regarding vandalism within the parks. Some of the basic tools to reduce vandalism include publicizing incidents of vandalism, publicizing the names of the offenders, adequate lighting and public visibility, and public awareness programs and education. Brown noted that the more the City gets the message out about vandalism that has occurred is vital in reminding residents that they are key stakeholders and affected financially by the damage incurred. Moonen commented that high resolution cameras are of great expense and would be a questionable investment. He agreed that education and po stings about vandalism continue to be the best deterrents. Chair Davis suggested that the City continue to monitor vandalism and deal with each occurrence on a case by case basis. Brown pointed out that, so far this year, vandalism has been quieter, though the City has an open line of communication with the police and neighboring Freeman Park senior community. . 9. DETERMINE LIAISON FOR JULY AND AUGUST CITY COUNCIL MEETING July 25 - Farniok August 22 - Chair Davis 10. NEW BUSINESS A. PARK VIEW SUBDIVISION . Brown reported that the proposed 10 lot subdivision at Manor Road and Suburban Drive will impact stormwater management. He explained that, after much discussion, a concept plan which brings stormwater along the back park side of several lots in a neighboring subdivision, will save numerous mature trees along Manor Road. Brown stated that the developer has agreed to grant an easement along the back side of his lots abutting Manor Park, in an effort to keep the aesthetics of the tree lined roadway . in tact. Young questioned what the impacts to the park pond will be. Brown stated that the impacts will need to be evaluated. He noted that he had just received data from WSB that indicated the current outlet is poor and slow to drain; however, it would be positive to construct a sewer along the easement as opposed to losing the aesthetics along Manor Road. Brown stated that the City is negotiating a comer outlet with the developers to improve the conditions. Westerlund suggested it might be appropriate to contact the Minnehaha Creek Watershed District (MCWD) to discuss the appropriation of funds from MCWD to investigate alternatives to curb and gutter. B. FREEMAN WETLAND ENHANCEMENT AND INTERPRETIVE CENTER Brown explained that the report lays out suggested grading plans and wetland plantings of the area based . on a hydrology of the area. The cost estimate of $427,000 outlines the steps involved. Brown pointed out that a number of different organizations could contribute to any portion of the project and promote a PARK COMMISSION MINUTES TUESDAY, JULY 12, 2005 Page 5 of6 . cooperative partnership together to accomplish this task. While a kiosk has been suggested for the 'point' , other areas include a meadow and a marsh area. Brown pointed out that a significant amount of grading and clear cutting of buckthorn would be necessary to complete the project. Chair Davis noted that the buckthorn removal project suggested for Freeman this fall might be a nice preface to the wetland project. Farniok concurred, stating that the buckthorn removal site, adjacent to the proposed wetland site, would be a nice compliment to one another. Westerlund stated that each piece makes up a significant portion of the large scale project, and should be publicized more. . Brown stated that this area has been discussed as a stormwater project and treatment facility for quite awhile and asked how the City could make this an amenity to the park, rather than just a place to impound water. Young asked whether the project would be subdivided out in pieces or bid out entirely. Furthermore, he believed the Parks Foundation would really like to get involved in a project of this magnitude. . Brown stated that the project could be done in pieces, especially in light of the funding difficulties. He noted that it would take many organizations, could serve many functions, and could be a real 'jewel' to the community if the resources are available. Farniok stated that this would be a great project. Young stated that he felt the excitement could drive the project for many. Westerlund pointed out that the project could be a controversial one from a public relations standpoint, if the neighbors around the park are not informed and involved in the process and have a vision of the . completed project. Brown agreed, stating that he believed the greatest obstacle would be the tree removal, albeit buckthorn, in the public eye it is still tree removal. Chair Davis asked what the next step might be. Brown asked the Commission if it would wish to study this project further or whether it would like to proceed with what has been presented. Westerlund stated that MnDOT is always looking for opportunities to mitigate development projects and suggested that she take a set of plans to present to them, as well as others. Brown reiterated that it seemed the Commission was comfortable with taking the plans out to various funding agencies and reporting back at the August meeting. Commissioners concurred. . Chair Davis stated that the Parks Foundation would likely be interested in the kiosk piece, since overall environmental missions interest them. She indicated that she would present the entire project to them and / PARK COMMISSION MINUTES TUESDAY, JULY 12, 2005 Page 6 of6 get their response on July 20th. In addition, the Foundation expressed interest in drinking fountains at Freeman and the Skate Park. Famiok agreed to join Davis at the Foundation meeting on July 20. . C. DOG PARK Chair Davis stated that the Parks Foundation would be joining the funding effort for the Dog Park. One proposal put forth by the Foundation was a suggestion that the Commission provide a matching grant up to a certain level for the Dog Park. Young suggested the cap for the matching grant be set at $5,000. Chair Davis indicated that the estimate for the project was set at $100,000, as opposed to the original $40,000, for trails, benches, lighting, bathrooms, and water. Brown suggested that the Commission begin to give thought to what they wish to see set forth in the Capital Improvement Program (CIP) for 2006. . Young moved, Westerlund seconded, recommending to the City Council that Park Funds, not to exceed $5,000, will be used as matching funds for a dog park in conjunction with the Parks Foundation. Motion passed 5/0. Famiok asked if the Commissioners could receive copies of the draft minutes as soon as the recorder has completed them for review. Recorder Anderson stated that the completed draft minutes should not come from the Recorder, but from Staff as they see fit by policy or law. . Brown indicated that he would check on the laws for providing draft minutes. Brown suggested that the Commission submit its top 5 projects to the City Council for its CIP planning process. . Farniok encouraged the Commissioners to give thought to this for discussion at the next meeting, in order to submit the list to the City Council in September. Westerlund suggested that the completion of the Manor Park Pond clean-up and planting effort be noted in the CIP. Chair Davis stated that she would be putting together an article for the newsletter which would include a prelude to the buckthorn busting date to be set for fall. 11. ADJOURN Young moved, Moonen seconded, adjourning the Park Commission Meeting of July 12, 2005, at 9:03 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary . . . . . . CITY OF SHOREWOOD PARK COMMISSION WORK SESSION TUESDAY, JUNE 28, 2005 WATER INTO COFFEE 5609 MANITOU ROAD 7:00 AM MINUTES 1. CONVENE PARK COMMISSION WORK SESSION The Park Commission began its discussion at 7:00 a.m. A. Roll Call Present: Chair Davis; Commissioners Farniok, Young, Westerlund, and Moonen; and City Engineer Brown Absent: Commissioner Wagner 2. MANOR PARK IMPROVEMENTS; POND CLEAN-UP, SHORELINE PLANTING, BALL FIELD IMPROVEMENTS, OTHER; LAKE MINNEWASHTA DOG PARK P ARTNERSmp; OTHERS AS SUGGESTED BY COMMISSIONERS AND STAFF Chair Davis stated that the Foundation would be hosting a second fundraising breakfast slated for September. She indicated that the Foundation had expressed interest in participating in a 'natural' project. While the Freeman wetland project estimated at $400,000 might be a bit high for the Foundation, the Manor Park pond project might be of interest. Chair Davis noted that Commissioner Wagner had suggested proposing a security project for the Foundation to partner with the City on. In addition, the Foundation had expressed interest in raising funds for the regional dog park, or one member suggested rebuilding Manor Park's ball field to accommodate Babe Ruth teams. Young stated that, in his opinion, Manor Park ball field should remain the neighborhood park, as opposed to a larger recreational baseball facility. Westerlund concurred; stating that she would strongly oppose any move to enlarge the baseball fields, pointing out that the parking would not accommodate such a move. Chair Davis encouraged the Commission to brain storm additional ideas or suggestions of what it would like seen done in the parks, in order to give the Foundation a focus for their breakfast fundraiser. Young stated that the Commission has had a number of projects it's spent a great deal oftime on, most significantly the Freeman Park wetland project, which he suggested be broken down into phases or pieces for the Foundation to participate in. He maintained that the regional dog park had a great deal of enthusiasm and support with or without the Foundations participation and he would not like to see them spend a great deal of energy or time on the proj ect. Westerlund agreed that it would be easy for the Foundation to be the vehicle to which funds are raised for the dog park if they did not have to expend all oftheir energies on it alone. Westerlund pointed out that the Freeman Park wetland project might qualify for numerous grants or other funding sources. PARK COMMISSION MINUTES TUESDAY, JUNE 28, 2005 PAGE20F3 Westerlund noted that if she could get a copy of the plans to share with MnDOT and other organizations . she might be able to investigate funding opportunities. Farniok questioned whether the Foundation would find it more desirable to participate in a portion of a large scale project or several smaller scale projects. Brown stated that the City has a very good feasibility study for the Freeman wetland project that he could share with the Commission at their next meeting. He pointed out that Planning Commissioner Cathy White has expressed interest in performing the public education piece regarding buckthorn removal and would host a buckthorn removal effort for Freeman Park in late October or early November. As part of her training for master gardening, Chair Davis stated that White could accomplish a removal effort with the support of a good public relations campaign. Based on White's suggestion to assemble a few groups 25 for the project, Brown stated that the City could purchase a couple of weed wrenches for the program. He further encouraged the removal to take place as a preliminary step towards completing the wetland project. . While this would certainly be a worthwhile endeavor, Chair Davis noted that the Foundation expressed a desire to participate in a project outside of Freeman Park, such as the Manor Pond project. Passing around a rough memo outlining the expenditure of$176.00, Westerlund stated that she had begun the water quality analysis of Manor Pond. She pointed out that the plantings near the waters edge would be in addition to the estimate, but necessary as the geese problem poses a public health hazard. Young suggested mentioning this proj ect to the Foundation as a small scale effort in water quality and education. . Brown urged Westerlund to choose plantings that require little maintenance, as there is not a master gardener on staff. Westerlund felt that a 3 year commitment on behalf of neighborhood volunteers would result in a self . maintaining area and suggested staff contact a consultant to layout a plan. Brown stated that once the Commission reviewed the Freeman wetland project, they might be surprised at the many facets of involvement for the Foundation, be it kiosks, an overlook area, or restoration. Westerlund also suggested looking into an erosion control plan for the Silverwood Park sliding hill. On a separate note, Westerlund pointed out that the Music in the Park series featuring Ms Catherine was a phenomenal success. Based on this success, she suggested the Commission consider expanding the program for next year and asking for Foundation support. She thought that a kid's or family friendly series rotating between Shorewood parks might be an attractive opportunity for the Commission and Foundation. Young agreed that many residents might like the idea of a rotating parks program as a service that serves citizens in all areas of Shorewood. Brown reported that the new Skate Park equipment had arrived and the quality was fantastic in . comparison to the past pieces. He pointed out that the replacement of the existing skate park equipment . . . . . PARK COMMISSION MINUTES TUESDAY, JUNE 28, 2005 PAGE 3 OF 3 or creating an area for adults to relax while watching their children might be another option for the Foundation to support. Brown stated that, in fact, the City had recently extended water service to the Skate Park and a fountain would be a nice addition to the park. Westerlund reported that the Silverwood playground slide had a large crack in it and needed to be replaced. " In summary, Chair Davis stated that the opportunities that she would be presenting to the Foundation included; participation in a component of the long range water project at Freeman Park, a shorter term Manor Park pond project encompassing a water quality and health issue, Skate Park water fountain and adult friendly plaza area, and/or expansion of the Music in the Park series to additional family friendly events. 2. ADJOURNMENT The Commission adjourned their meeting at 8:15 a.m. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 5, 2005 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Bailey; Commissioners Conley (arrived 7:04 P.M.) Gniffke, Meyer, Woodruff, and White; Council Liaison Wellens and Planning Director Nielsen Absent: Commissioner Gagne APPROVAL OF MINUTES · 7 June 2005 White moved, Gniffke seconded, Approving the June 7, 2005, Planning Commission Meeting Minutes as presented. Motion passed 5/0. 1. 7:00 P.M. PUBLIC HEARING - C.u.P. AMENDMENT FOR ACCESSORY STRUCTURE Applicant: Minnewashta Elementary School Location: 26350 Smithtown Road Chair Bailey opened the Public Hearing at 7:04 P.M., noting the procedures utilized in a Public Hearing. He also noted items on the Agenda being recommended for approval this evening would be placed on the July 25, 2005, Regular City Council Meeting Agenda. Director Nielsen stated the Minnetonka School District proposed building a small accessory structure on the site of the Minnewashta Elementary School located at 26350 Smithtown Road. The structure would be located to the rear of the existing school building, adjacent to the playground area. He noted the school was located in the R-lIA, Single-Family Residential zoning district and the Shorewood Zoning Code required school buildings be processed by Conditional Use Permit. He then characterized the proposed structure as being one story in height, measuring 20' x 30' and containing 600 square feet of floor area. The building would be constructed of wood, with an asphalt shingle roof and a concrete slab for the floor. He also noted the structure was very similar in character to the picnic pavilion in Freeman Park. With regard to compliance with the City Code on this case, Director Nielsen stated due to the setback requirement for the zoning district, the proposed building would be 50 feet from the east side lot line of the school site. Staff recommended the landscaping that was done for the most recent addition to the school be extended to the north by three additional trees. The proposed building would not affect existing parking or necessitate additional parking, nor did the proposed structure affect existing loading or service areas. In conclusion, Director Nielsen stated the proposed structure was consistent with the Shorewood Comprehensive Plan and compatible with residential development, thus, Staff recommended the conditional use permit be approved so that construction of the building could take place this construction season. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES July 5, 2005 Page 2 of7 Paul V ogstrom, representative for the Minnetonka School District, stated he would be happy to answer any . questions the Commission had of him. Chair Bailey closed Public Testimony at 7:08 P.M. Commissioners clarified various aspects of the case. Conley moved, White seconded, Recommending Approval of the Conditional Use Permit as presented, subject to Staff Recommendations for Minnewashta Elementary School, 26350 Smithtown Road. Motion passed 6/0. Chair Bailey closed the Public Hearing at 7: 10 P.M. 2. 7:15 P.M. PUBLIC HEARING - c.u.P. FOR FILL IN EXCESS OF 100 CUBIC YARDS AND MINOR SUBDIVISION Applicant: Ann Meldahl Location: 6180 Cathcart Drive Chair Bailey opened the Public Hearing at 7: 15 P.M. Director Nielsen explained the applicants were the owners of the property at 6180 Cathcart Drive Last fall, as the result of a neighborhood complaint, the City cited the applicants for placing fill and grading on the site without necessary permits. The property owners were directed to either remove the fill and restore the site, or apply for a conditional use permit. Due to concerns over drainage, the Minnehaha Creek Watershed District (MCWD) issued a similar order, directing the applicants to submit an erosion control plan and to apply for a fill permit. He went on to explain City Staff subsequently met with the owners to discuss issues associated with the fill and grading work, and to review the process of obtaining a conditional use permit for fill in excess of 100 cubic yards. Since then, they had commissioned a landscape architect to prepare grading and landscaping plans. As explained in their request letter, the applicants proposed regrading the site, by creating a series of shallow berms, with a swale to restore the previous flow of drainage through the site. Director Nielsen also went on to state the property was zoned R-1A, Single-Family Residential, and was presently occupied by the applicant's home, an attached garage and a detached garage. Director Nielsen then explained that Shorewood's Zoning Code required a conditional use permit whenever more than 100 cubic yards of material was brought onto a site. This equated to approximately 10 dump truck loads of dirt. The subject fill on the site has been spread out, making it difficult to determine how much material had been placed, but it was estimated that it amounted to several hundred yards. He the reviewed the proposed grading plan for the property, noting the main issues appeared to be the effects of the grading on the site and adjacent properties. He explained drainage on this site would run from north to south, and the City's concern was that improper placement of fill could back up storm water runoff upstream or force the natural drainage onto adjacent properties. Director Nielsen stated the applicants advised the City that the Watershed District had approved their grading plan and they had received a fill permit from the District to be presented to the City this evening. Director Nielsen then explained that an old culvert located at the south end of the applicant's property aggravated the drainage issue. After investigation earlier in the day, he explained this culvert was not functional and appeared to have been filled in on the south side of West 62nd Street. As a result, the City would be working with the City of Victoria to restore the flow that once existed in that area. . . . . . . . . Steve Kronin, 6135 Cathcart Drive, stated he was concerned that additional water would potentially be draining across Cathcart Drive onto his property as he already had an abundance of water in his yard. Director Nielsen stated he did not believe any of this water should be backing up to Mr. Kronin's property once the culvert was opened. Chair Bailey closed the Public Testimony portion of the Public Hearing at 7: 18 P.M. Chair Bailey questioned the process necessary should the current situation deteriorate into legal action between parties involved. Director Nielsen explained the applicants and the City rely on the Minnehaha Creek Watershed District Staffto provide a fill permit for this case, and a licensed engineer would have had to sign offplans associated with the project, thus, recourse could be secured through those parties. He further explained the applicants had made appropriate efforts in this process, noting a double fee had been paid as was a matter of normal process. Additionally, legal action would be pursued should the process not be followed in the next phases of the planning process, as well as the contractor being sued. With regard to the landscape plan, Director Nielsen stated the City wished to see grass returned to the fill area and the site restored to avoid erosion and filling the culvert on site. He stated the City would be relying on the MCWD Staff and engineer to provide appropriate calculations for the swale detail on the site. Commissioner Conley stated he did not believe enough information had been supplied at this time and suggested additional information be secured from the MCWD, City Engineering Staff, and the applicant prior to proceeding further in the planning process. Commissioner Gniffke agreed. Ann Meldahl, applicant for the case, presented Director Nielsen with the appropriate fill permit from the MCWD, and stated she had lived on the site for 51 years, with the last eight months being difficult as a result of the fill issue. She stated there had never been water on her property until recently. She noted there were two "holding ponds" that filled with water each spring on her property, and she continually noted the water was three feet lower than the roadway surface and was not apt to drain. Further, Ms. Meldahl stated the plans for the fill were necessary only to improve the water from the north that came onto her property, and she had provided a swale for appropriate drainage on her property. The consultants she had worked with to provide drainage and landscaping plans had both indicated the fill plans would not be a problem to complete and would not provide additional water flow to others property as a result of this project. The water that was on her property was coming on to it from other properties to the north of her and drained to the culvert area. She requested the Commission allow her to move forward with her current plans in order to bring resolution to this situation. Director Nielsen stated correspondence had been received from two area residents and the Hennepin County Railroad Authority regarding this project. Commissioner White questioned the responsibility of lowering the culvert and associated issues. In response to this question and others from other various Commissioners, Director Nielsen stated the person desiring it to be lowered would most likely be responsible; however, he would need to verify the city's responsibility in this matter. He further stated blocking the natural flow of water was not an option in any event in this case. City Engineers from Shorewood and Victoria would need to review the situation and provide adequate information on the culvert issue as a separate matter. 3. PUBLIC HEARING - LAKE VffiGINIA WOODS - PRELIMINARY PLAT Applicant: Location: Virginia Shores Development, LLC 27975 Smithtown Road Chair Bailey opened the Public Hearing at 7:40 P.M. Director Nielsen explained this item was a continuation of a Public Hearing held on June 7, 2005, pending resolution of a number of issues raised by City staff. The developer had since submitted a revised plat addressing those issues. Director Nielsen noted the most significant change in the plat was that the developer had agreed to work with the property owner to the north by combining the two parcels and eliminating the need for a street extension and a future cul-de-sac to serve the northerly parcel. He explained this not only resulted in vastly superior lots from the original plat, it resolved at least one of the issues raised by the City's engineering consultant (the retaining wall), as well as lot configuration issues raised by the Planning Department. Director Nielsen went on to state all of the proposed lots exceeded the minimum size requirements for the R-1NS zoning district, ranging in area from 41,216 to 63,202 square feet. The building pads shown on the revised grading plan (Exhibit B) appeared quite ample for the size of homes that would undoubtedly be built in this development. Although the grading plan had been revised to show larger building pads, it still lacked the detail required by the City Engineer. The pads were shown as being "custom graded", which was somewhat common for large custom homes. The City, however, required the grading plan to show low floor and garage floor elevations on the grading plan. This grading plan should be submitted as part of the final plat. It should be noted that, with the possible exception of Lots 1 and 2, none of the lots required significant site alteration beyond what was necessary to build the homes. With regard to the common driveway for Lots 1 and 2, he stated the plan demonstrated the driveway at 14 feet in width. Anything less than a fire access road (20 feet wide with adequate emergency vehicle turn- around) required that the house on Lot 2 be sprinklered. It was also recommended the driveway be at least 16 feet in order to accommodate two cars passing one another. Further recommendations included the final plat must include an easement/maintenance agreement between Lots 1 and 2 as well as a conservation easement over the wetlands and the wetland buffer areas. As always, prior to the release of the final plat, the developer would be responsible for providing payment of fees for the local sanitary sewer access charges, park dedication fees, and municipal water connection charges. Director Nielsen also suggested one additional recommendation that the trees around the ponding area and along the southerly portion of the property include replacement trees focused in those areas. In conclusion, Director Nielsen stated the revised plat was vastly improved by virtue of combining the two properties. It was therefore recommended that preliminary plat approval be granted subject to the preceding and above recommendations and those of the City's engineering consultant. Terry Pernsteiner, representative of Virginia Shores, LLC, thanked the Commission and Staff for the time and efforts associated with this project. He stated he had spoken with the neighboring homeowner regarding driveway concerns that should no longer be a problem. Further, he stated Staffs recommendations would he followed regarding replacement tree efforts. . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES July 5, 2005 Page 5 of7 . Paul Otto, engineer for the project, stated, with regard to the grading plan, there were no anticipated problems with grading for the custom home sites, and an accurate plan would be provided with the final plat. He also stated he had spoken to the City Engineer with regard to the driveway and grading. . . . . John Van Geeson, 545 Smithtown Court on Lake Virginia, stated he wished to confirm the fact that there were no lakeshore lots associated with this project, as he had received information from a realtor recently indicating lake shore lots would be available as part of this project. He stated he and other areas residents he was representing were concerned for the lake access through dockage, as well as water quality, and wetland protection associated with this project. He further stated, as taxpayers, they wished to see preserve the lakes and wetlands in that area. He noted several instances on Lake Virginia where riparian rights had been taken not granted, and he was concerned this would also happen in this case. Wendy Asplund, 590 Sunny Shadows, stated she was a recent resident to the area, and was quite concerned about the small amount of land between her property and the common driveway. She also stated she was concerned about the drainage and stormwater runoff from the proposed properties and questioned what could be done to ensure there would be no water ponding in her backyard as a result of this project. She stated she had a great amount of privacy currently and would like to see as many trees as possible retained in the adjacent property line as possible to maintain that privacy. Any trees leftover from the project could be placed in the property line area as well. Ms. Asplund further stated she believed the two additional houses placed on the properties adjacent to her property were there to maximize the property, and she was concerned for the amount of excavation taking place in such a small area as well as the narrow width to the proposed driveway posing a public safety hazard in the house to be "sprinklered.:" In conclusion, she stated, she was concerned for the protection of her property, home, and family, and asked consideration be given to the setback issues associated with the driveway, as well as reforestation of the properties adjacent 0 to hers with a berm for her property and the adjoining neighboring property owned by the Stinchfields. John Stinchfield, stated he had owned his property for fifteen years, and knew one day the properties behind him would most likely be developed so he was understanding the efforts of the project, however, he agreed with Mrs. Asplund regarding the two additional houses on the project property being there to maximize the profit to the developer. He requested several trees be placed on the adjacent property line to ensure privacy, and he was also concerned for the safety and maintenance of the common driveway as well as the inability to have fire safety equipment in the area. He stated he believed the more trees that could be saved on the properties adjoining his would only enhance the property value for the new owners. Lucinda Kirchner, 27415 Maple Ridge Lane, questioned whether the site was an old Indian burial mound site, given its history and proximity to the lake. Director Nielsen stated he was uncertain of this property being a bUrial site, however, if there was evidence indicating such, than the City would need to be made aware of that site. Bradley Houser, 535 Lakeshore Court, questioned what prevented people from dredging wetlands to access Lake Virginia or Lake Minnetonka from this property. He stated he was concerned about the potential actions for dredging and filtration issues that would degrade the water quality. Chair Bailey closed the Public Testimony portion of the Public Hearing at 8:09 P.M. Director Nielsen explained, in response to a question from Commissioner White, once an owner purchased the property, than that owner owned the trees at will. He noted preservation occurred in the planning and construction phases of a project, and the developer was typically amenable to requests, since potential homeowners often liked mature trees to remain on lots. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES July 5, 2005 Page 6 of 7 In response to questions by Commissioner Woodruff, Director Nielsen explained the topography of Lot . might demonstrate that the lot needed to be graded in order to provide a buildable site pad for a house. He also noted City Code would not allow the grade on the property to be greater than 3: 1. Director Nielsen then clarified the City's policy regarding "compel to comply" issues, noting that should a property owner not respect the direction stated in the City Code regarding compliance, the City would seek legal action against that homeowner to bring the property into compliance. Chair Bailey clarified that the drainage on the driveway would be directed toward the wetland from Lots 1 and 2. Mr. Pernsteiner stated the project developer would commit to a 10-foot driveway, and the mature walnut trees, having a diameter near twenty inches, would remain on the property. He further noted Lot 2 was a wonderful lot overlooking the wetland area. With regard to the pond on the project, he stated, that area would be left in a natural stated, due to a conservation easement over that area. Woodruff moved, White seconded, Recommending Approval of a Revised Preliminary Plat for Lake . Virginia Woods, subject to all previous Staff recommendations, a 10 foot driveway setback, and retention of the mature trees on the lots. Motion passed 6/0. Chair Bailey recessed the meeting at 8: 21 P.M. and reconvened the meeting at 8:28 P.M. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. . 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated a discussion on the sign ordinance would take place at the Study Session meeting of the Planning Commission slated for July 19,2005. He also noted a report would be provided at that meeting for the Commission regarding any potential redevelopment of the Lake Minnetonka Yacht Club property as outlined in the City's Comprehensive Plan. . 6. REPORTS · Liaison to Council Commissioner White reported on matters considered and actions taken at the June 27,2005, Regular City Council Meeting (as detailed in the minutes of that meeting). Recording Secretary Keefe requested clarification on the schedule for the Council Liaison position for the remainder of the year. The Commission indicated the following schedule for that position: July August September October November December Commissioner Woodruff Commissioner Meyer Commissioner Gniffke Commissioner Conley Commissioner Gagne Undecided . . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES July 5, 2005 Page 7 of7 · SLUC No report given. · Other There was no other business presented this evening. 7. ADJOURNMENT Conley moved, White seconded, Adjourning the Planning Commission Meeting of July 5, 2005, at 8:54 P.M. Motion passed 6/0. RESPECTFULLYSUBNUTTED. Sally Keefe Recording Secretary CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 1 June 2005 RE: Lake Virginia Woods - Preliminary Plat FILE NO.: 405(05.11) . BACKGROUND . Virginia Shores Development, LLC has arranged to purchase the property located on the east side of Smithtown Road, just north of the ShorewoodlVictoria municipal boundary (see Site Location map - Exhibit A, attached) from the V. S. Ridinger Trust. The property contains approximately 16.4 acres ofland, 3.3acres of which is wetland. The property is currently vacant and zoned R-IA1S, Single-Family ResidentiflllShoreland. As illustrated on Exhibit B, the developer proposes to plat the property into 11 single-family residential lots, served by a cul-de- sac street. ;' The property is essentially a peninsula of high ground, bordered on three sides by a large wetland basin to the north and west of Lake Virginia. The site is heavily wooded with maple, oak and basswood trees on the upland portions of the property. A detailed description of the tree cover is provided in Exhibit E, attached. Land use and zoning surrounding the site are as follows: . South: West: undeveloped* (approx. three acres); zoned R-IA1S wetland, then channel of Lake Virginia, then sing1e,-family residential; zoned R- IAlS wetland and single-family residential in Victoria Smithtown Road, then single-family residential; zoned R-IA1S North: East: * Although the developer has attempted to incorporate the vacant land to the north into his project, he has been unable to come to terms with the adjoining property owner. #Jt t.J PRINTED ON RECYCLED PAPER #~. A. . . . . . Memorandum Re: Lake Virginia Woods - Preliminary Plat 1 June 2005 The proposed lots will be served by a cul-de-sac street, approximately 885 feet in length. The street and utilities have also been stubbed out to the property to the north to comply with the Subdivision Code requirement that streets and utilities must be brought to the edge of the property. The lots range in size from 40,012 to 62,111 square feet, exclusive of wetland area, and average 46,846 square feet. ISSUES AND ANALYSIS Following is how the proposed plat complies with Shorewood's development regulations: A. Zoning Code. All lots meet or exceed the minimum size requirements for the R-IAlS zOliing district - 40,000 square feet in area, 120 feet in width and 150 feet in depth. The building pads shown on the preliminary grading plan (Exhibit C) measure 60' x 60'. While the 60- foot depths may be realistic, the 60- foot widths are considered somewhat modest perhaps for the size of houses anticipated to be built on the lots. It appears that most of the lots will accommodate 70-80' building widths. Realistic building pads are important for evaluating site alteration and tree preservation. The project is entirely within the "S", Shoreland zoning district for Lake Minnetonka and Lake Virginia. As such the lots are subject to a maximum impervious surface ratio of 25 percent. It should be noted that the setbacks illustrated on the preliminary plat have been adjusted by staff. The street extension to the north changes what is considered front and rear on Lots 9 and 10. tot 2 technically has the minimum required width on the new street. As a practical matter the building pad for that lot will be located south of the wetland that extends through the property. The lot will be accessed by a common driveway off Smithtown Road that will also serve Lot 1. An easement and maintenance agreement must be provided as part of the final plat submission. Due to its distance from Smithtown Road, the house on Lot 2 will have to be sprinklered to comply with Fire Code requirements. Inadequate room exists on the site to provide a turn-around adequate for fire trucks. B. Subdivision Code. 1. Street Design. The proposed street is 885 feet long, with a proposed right-of-way width of 50 feet, terminating in a 100- foot diameter cul-de-sac. The paved surface is 24 feet wide, exclusive of curb and gutter width, and the turn-around is 90 feet in diameter. The street grade does not exceed four percent. Street specifications will be addressed under separate cover by the City Engineer. -2- . . . . . Memorandum Re: Lake Virginia Woods - Preliminary Plat 1 June 2005 2. Grading, Drainage, Erosion Control and Utilities. These items are addressed under separate cover by the City's engineering consultant, WSB & Associates. In addition the following comments should be considered: a. Grading. The preliminary grading plan (Exhibit C) shows only the grading for development improvements. Building pads are simply shown as "custom graded". Shorewood requires grading plans to include lot grading in order to ensure that drainage works from one lot to the next. The grading plan should be revised to include building type and lowest floor and garage elevations for the proposed building pads. As mentioned above, the building pads should be revised to reflect the size of homes that will be built on the property. b. Drainage.. For the most part, drainage on this project is relatively simple. The majority of storm water runoff is conducted to the street, then into a proposed pond located in front of Lots 2 and 3. Rear yards. simply drain to the wetland areas that border the site. The developer must provide storm water runoff calculations for review by the City Engineer to determine that the pond is adequately sized to control the rate ofninoff. Due to the size of the project, the plat is subject to review and approval by the Minnehaha Creek Watershed District. The plat provides drainage and utility easements, 10 feet in width, around each of the lots. A similar easement must be provided over the wetland areas. c. Sanitary Sewer. Sanitary sewer is available in Smithtown Road. Prior to release of the final plat the developer must pay local sanitary sewer access charges in the amount of $13,200 ($1200 per lot). d. Water. City water is immediately available to the proj ect from Smithtown Road. The developer is required to pay $10,000 per lot in connections charges, from which his cost of extending the water main may be deducted. e. Park Dedication Fees. The Subdivision Code requires the developer to pay $2000 per lot for park dedication fees, totaling $22,000 for the project. f. Plat Requirements. The plat needs to include "Block I". This can be added on the final plat. Also, the lot line between Lots 4 and 5 should be extended straight south to the southerly boundary of the plat. Similarly, the lot line between Lots 7 and 8 should be straightened and radial from the center ofthe cul-de-sac. C. Wetlands. Existing wetlands have been shown on the developer's plans. The 35-foot wetland buffer required by Shorewood's Code is highlighted with cross-hatching. The setbacks shown on the preliminary plat provide the IS-foot setback from the wetland buffer. As part of the final plat, the developer must provide a plan illustrating where wetland buffer stakes will be placed. The final plat submission should also include a separate deed from the property owner to the City providing a conservation easement over the wetland buffer areas. -3- . . . . . Memorandum Re: Lake Virginia Woods - Preliminary Plat 1 June 2005 D. Tree Preservation/Reforestation. The developer has submitted one of the most thorough tree inventories and analysis we have seen. This is very important, given the very wooded nature of the property. Construction limits have been shown on the preliminary grading plan. Exhibit D illustrates how trees may be removed to accommodate the home sites. The tree preservation guidelines included in Exhibit E provide excellent recommendations relative to tree removal and protection of trees to be saved. The developer's forestry consultant points out that the project will be subject to the maximum tree replacement of eight trees per acre, or approximately 136 trees. A reforestation plan has not been submitted as ofthis writing. Given the extent of existing trees on the site, it is difficult to picture where all the replacement trees will go. The developer is reminded that the City's Tree Preservation and Reforestation Policy allows excess trees to be placed on public property, or cash-in-lieu of trees can be contributed to a City tree fund, used for placing trees on public land. E. Street Lighting. Nothing in the developer's application indicates that street lighting will be included in the plat. This issue should be addressed by the developer at the public hearing. RECOMMENDATION It is extremely unfortunate that the developer and the property owner to the north can not come to terms and combine their land into one development. Cooperation would benefit both parties by reducing the presence and cost of extra street and utilities, and the resulting lots would be considerably better for both owners. Nevertheless, the City can not force landowners to purchase or sell property. The best the City can do in this case is to enforce its development regulations. While the preliminary plat is generally consistent with Shorewood's development regulations, there are a number of issues contained herein and in the City's engineering consultant's report that should be resolved. In this regard, there are two possible recommendations that could be made: 1) the plat could be approved subject to the developer resolving all issues as part ofthe final plat; or 2) the plat could be tabled, pending the developer's submission of revised plans addressing planning and engineering issues. Cc: Craig Dawson Tim Keane Larry Brown Terry Pemsteiner Paul Otto -4- J8pJOq ^lUn08 J8AJB8 'BPOl::l!^ 10 ^l!8 W/ ~~' \\ L- ~t;~ ,.,. 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'" "",.',,' j 1. \. \~ ' , .,,~ \~ led weUond. \.'~. 50 I ;.1 I ::! ,Iii I~: ,~ 'EXISnNG ~H-SAN 1M-940.52 'NV=930.5S 100 I 150 I 50 0 ~ I "\ '\i"' / ,.". / /" X 937.55 \ tV \ ~' !;? >f.iJ6.05 ~ "" ,:'I.. wet/GfJd _ denot.. J5' waUGnd buffer \ \ O\.~ 94 !3 ~ "C ~ G~ ~~ ~ ~& ~ "C (j ~ 5' MIN. LENGTH. POST AT 4' MAX. SPAONe '; SILT FENCE DETAIL -sf'-SF_-DOI01!S SILT fENCE nt/and ROCIC CONStRuCllCJN ENtRANCE .~""'. .._--- _h." ~"XS6J.82 ,/ X 954.J4 ,i I l J<- 966.06 97' GRADING NOlES 1, lEn.ANOS 1lEIJNEA'l!Il BY S\Ill8C1OA DMRONMENTAL SERVICES COIIPANY. 2.. 1HE I.OCAltONS OF EXlS11NG UNOERGROUNO UltU1lES ARE SHOWN IN AN APPRO_lE WAY OHLY. 'IIlE CONTRACTOR SHAll. IlEIERMINE 1HE EXACT l.OOAltON OF ALL ElClSTING UltU1IES _ COIINENCING ~ HE_ TO BE FlJu.Y _BLL FOR ANY ANI) ALL OAlotANGES _ MIGHT BE OCCASIONED BY HIS FAILURE '10 EXAC1I.Y LOCAlE AND PRE!lEIM ANY ANI) ALL UNDERGROUND UlIU1tES. " ~" ~ ! /r --' o / -- :'::~::.: <;> DESalIPDON ONS DESIGNal DRAWN K.D.K. K.D.K. CHECKED P.E.O. Exhibit C PRELIMINARY GRADING PLAN PREll 1\ SHEET N o ~ r T ...... ,... IIr lIlI ~ - - --... IDIlIlID ..... P.E.O. 8.A.1. OCOIID P.E.o. Exhibit D TREE REMOVAL - LOTS EXISTING 1 TREES TC O. 4 .atharine D. Widin, Ph.D. orestry Consultant, Plant Pathologist . . . . Plant Health Associates, Inc. 13457 6th St. N. Stillwater, Minnesota 55082 (651)436-8811 email: kdwidin@comcast.net Tree Preservation - Lake Virginia Woods 4/29/05 I. Introduction: This report accompanies the Tree Preservation Plan and tree inventory for the proposed development, Lake Virginia Woods (developer - Terry Pernsteiner). I have visited the site and verified tree species as well as evaluated the existing trees for condition. The woodland on the whole appears to be primarily a maple-basswood forest. Most of it is of high quality with little evidence of invasive plant species in the interior away from the roadway. The predominant species on the site is sugar maple. The proposed development will consist of 11 large lots and it is intended that as many good quality trees will be preserved as possible. II. Tree Species and Distribution: The largest trees on the site are red oak, sugar maple and basswood. The next largest trees consist of many 10-14 in. sugar maple, some basswood and red oak and a few of other species such as hackberry, elm, ash, locust, black walnut, hickory, butternut, boxelder, willow and cottonwood. Except for the entrance to the property, which has suffered some disturbance, the understory is quite open with little buckthorn or other shrubby species. I would suspect that during the growing season there is a healthy layer of herbaceous plants such as wildflowers and ferns. Above the wetland on the SW portion of the property, especially closer to the road, there are less valuable tree species such as cottonwood, boxelder and Siberian elm. As one moves further east, there are more sugar maple, butternut, oak, and walnut. III. Tree Condition: Tree condition for all significant trees in the inventory was rated as "good", "fair", "poor", or "dead". The characteristics of each category are: "good"(good form for species, little dead wood in canopy, no structural defects, wounds, or evidence of serious disease or insect problems), "fair" Exhibit E TREE PRESERVATION GUIDELINES By Katharine Widin, Ph.D., dated 29 April 2005 -1- . . . . . (form less than ideal for species, some dead wood in canopy, structural defect(s) which could be taken care of by pruning or cabling, wounds in trunk or branches which do not compromise health or structural stability, little evidence of serious disease or insect problems), "poor"(poor form for Tree Preservation - Lake Virginia Woods 4/29/05 - 2 species, a lot of dead wood in canopy, structural defect(s) or wounds which compromise the health and/or structural stability of the tree, serious disease or insect problem which will contribute to further decline or death of tree), and "dead"(very little to no sign of life). Trees on this site were generally rated in "fair" condition. Most trees had some dead wood in crowns. Some of the trees had structural defects or decay and in some cases this was severe enough to give them a condition rating of "poor". Trees in the "poor" category should be removed prior to construction if they are near the house, driveway or yard. If a tree was cracked, broken or had severe internal decay, such that it was an immediate risk, it was rated "poor-risk" and also should be removed prior to construction. In the lots to the south near the end of the cul-de-sac (mainly #5 and #6) there is a large area containing a number of dead red oak. This area of dead red oaks could signify the presence of oak wilt disease and the remaining live red oak in that area should be inspected for evidence of the disease in July and August of this year. If disease is found, the area will be evaluated for treatments to manage the oak wilt before it spreads to any surrounding healthy oaks. IV. Tree Preservation: A. The Tree Preservation Plan (contents) 1. Limits of Land Disturbance (grading) 2. Tree Protection Zones (indicated placement of protective fencing) 3. Location of Significant Trees to be Saved or Removed (differentiated by color) 4. Detail Drawings for Tree Protection (fencing and signage) 5. Detail of Applicable Utilities (sewer and water along internal roadway) B. Specimen Trees & Tree Groups 1. There are two large oaks by the entrance which are in or near the proposed corridor for the road. One of these trees is in poor condition and the other is in fair-poor condition due to storm damage and evidence of internal decay. I would not recommend changing the road corridor to preserve these trees. They are in decline and will continue to decline as a result of site disturbance. If preserved, they would be a potential risk to vehicles and passers-by. 2. Some of the large sugar maple on the site, including several by the existing,road, are in poor condition. These trees are a potential risk and should not be preserved when they are near roadways, driveways or dwellings. 3. .A significant asset for the site are the number of smaller, healthy trees (<15 in. diameter), particularly maple and oak, which are more tolerant of soil disturbance -- 2- - . and other construction impacts than are larger, more mature trees. Maintaining species diversity is also important, and will improve the longevity and future health of the woodland outside the construction area. 4. There are many small sugar maple on site and some of these could be transplanted via tree spade from areas where construction will occur to tree preservation areas. 5. There are trees worthy of being saved in all areas of the development. Specific trees will again be looked at during the tree preservation process for individual lots. Tree Preservation - Lake Virginia Woods 4/29/05 - 3 C. Protective Measures to be Followed . 2. . 3. 4. . 5. . 1. Trees will be saved in groups whenever possible, rather than saving them as single speCImens. Trees to be preserved will be fenced at the dripline (or further from the trunks) before any equipment appears on the site and fencing will stay in place throughout the construction process. Signage will be put on the fencing regarding the purpose of the fencing and that it is not to be moved. There will be contractor and sub- contractor education required regarding tree protection practices on the site. No construction activity will occur within the dripline of any tree to be preserved. Equipment clean-out areas will be located at least 40 feet from any trees to be saved. Staging/storage areas for equipment will be located in areas away from trees to be preserved. If excavation cuts into woody tree roots, root ends will be cut off cleanly and covered over with soil. Before tree clearing either a modified vibratory plow or "ditch-witch" will be used to cut a narrow trench 2 feet or more deep to sever roots of nearby trees (of the same species as trees being removed) to prevent root tearing during excavation or grubbing of stumps. 6. Directional felling of trees into road corridor or building lot footprint will be done to minimize wounding of trees to be preserved. 7. All efforts will be taken to avoid pruning or wounding oaks from April 1 st to September 15th to prevent insect transmission of the oak wilt fungus to fresh wounds. If oaks are pruned or wounded during this time, wounds will be painted - 3- . immediately with paint or shellac. If live oaks are cut during this time, the stump surface will be painted immediately, unless the stump is removed the same day. D. Tree Preservation Plans for Individual Building Lots 1. Besides tree preservation on the development level, this project will also work with builders and property owners on each individual lot to site the driveway, utilities and house to maximize tree preservation. Tree protection fencing will also be erected on individual lots and kept in place during the construction period. 2) Tree Replacement: A..Number of Replacement Trees: . Trees which are removed in the process of development are required to be replaced. The maximum number of trees which would be required to be replaced on site is 8 trees per acre. The development consists of approximately 17 acres. The maximum number of trees which then would be required to be planted on site for this development would be 136. -Tree Preservation - Lake Virginia Woods 4/29/05 - 4 B. Species: . The replacement trees will be a species similar to the trees lost or removed and for this site could include species such as: green ash (improved cultivars), river birch, Kentucky coffeetree, flowering crabapple, hackberry, hickory, ironwood, American linden (basswood), red maple, sugar maple, bur oak, northern pin oak, red oak, swamp white (bicolor) oak, white oak, Ohio buckeye, and black walnut. C. Location of Replacement (& Transplanted) Trees Replacement trees will be located along the boulevard, in the area of the stormwater detention pond, and in planting spaces on each of the eleven building lots. . -4- .~ WSB e& Associates. Inc. Memorandum Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 To: Brad Nielsen, City of Shorewood Date: Steve Gumey, P.E., WSB & Associates, Inc. J Matt Woodruff, P.E., WSB & Associates, lnc.~ June 1,2005 ,"""'"'''' .~ From: JUN 2 2005 Re: Lake. Virginia Woods Preliminary Plan Review City of Shorewood, MN WSB Project No. 1459-02 "..." . We have reviewed the preliminary plan submittal for the Lake Virginia Woods subdivision, dated March 28, 2005 and April 15, 2005 prepared by Otto Associates. Upon completion of all changes, please return the attached set of red lines along with an updated set of plans. We have the following comments: - Preliminary Plat 1. Plat should show drainage and utility easements across all wetlands and buffer areas for all lots that have wetlands. 2. Submit wetland report so WSB can verify delineation. . Preliminary Utility Plan 1. Realign sanitary sewer at Smithtown Road to minimize street construction. 2. Show sanitary sewer and water main services. Sanitary sewer services should be 6- inch PVC, SDR-26 with clean-out provided if greater than 90-feet in length. Sanitary sewer should be a minimum of 9-feet deep at property line. 3. Verify with City of Shorewood if water main should be 8-inch. 4. Provide plan and profiles for final plans. . Minneapolis I St. Cloud Equal Opportunity Employer K.'\OI459.0~\'''''mill\Docs\ME".,/O .j",icJsCII. 060/05.c/oc . . . . . . Brad Nielsen, City of Shorewood June 1, 2005 Page 2 Preliminary Street Plan 1. Indicate height and type of retaining wall. If over 4- feet tall, the design should be certified by a registered structural engineer. 2. The proposed retaining wall is 3 to 5 feet in height and it is adjacent to a pond tllat is 10-feet deep. It is recommended that the pond be moved to a different location or the retaining wall be eliminated. 3. Storm sewer design calculations will need to be provided to show the adequacy of the two catch basins draining the low point at approximate Station 2+20. Preliminary Grading Plan 1. The developer's engineer will need to provide pond calculations for the 2, 10, and 100-year storm events that demonstrate that the rate control requirement has been met. 2. The allowable minimum low building opening elevation for all lots must be shown on the grading plan. In addition, the 100-year high water level (HWL) for the ponds must be shown. The low floor elevations must be consistent with City policy, which requires 2-foot of freeboard between the lOO-year HWL and the low building opening and 4- foot of separation between the pond normal water level and the low floor elevation, whichever is greater. 3. The pond located on Lot 3 will require an outlet structure with a submerged pipe or other appropriate skimmer device. 4. It is unclear the purpose of the pond on Lot 2 so the design criteria cannot be evaluated at this time. Is this a pond to meet the requirements ofNPDES Phase II rules or is this pond for rate control? 5. The developer will need to apply for a permit from the Minnehaha Creek Watershed District (MCWD). 6. The developer will have to apply for a construction permit from MPCA, which will require the completion of a Storm Water Pollution Prevention Plan (SWPPP). It is recommended that this SWPPP be included within the plan sets for further review, as the City may be responsible for revealing compliance during construction. Attachment cc: Dave Hutton, WSB & Associates, Inc. tsh K:\O/459-01\Atlmi"IDocsIMEMO -Imie/sell- 060105..loc . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 29 June 2005 RE: Lake Virginia Woods - Revised Preliminary Plat . FILE NO.: 405 (05.11) At the June meeting of the Planning Commission, the hearing for the preliminary plat of Lake Virginia Woods was continued, pending resolution ofa number of issues raised by City staff. The developer has now submitted a revised plat (see Exhibit A) addressing those issues. Following are staffs comments on the revised plans: . I. The most significant change in the plat is that the developer has gotten together with the property owner to the north, combining the two parcels, eliminating the need for a street extension and a future cul-de-sac to serve the northerly parcel. This not only results in far superior lots than the original plat, it resolves at least one of the issues raised by the City's engineering consultant (the retaining wall near the pond is shorter), as well as lot configuration issues raised by the Planning Department. 2. All of the proposed lots exceed the minimum size requirements for the R-1NS zoning district. The lots now average 48,700 square feet in area and range in area from 41,216 to 63,202 square feet. The building pads shown on the revised grading plan (Exhibit B) appear quite ample for the size of homes that will undoubtedly be built in this development. . 3. Although the grading plan has been revised to show larger building pads, it still lacks the detail required by the City Engineer. The pads are shown as being "custom graded", which is somewhat common for large custom homes. The City, n ~.1 PRINTED ON RECYCLED PAPER . Memorandum Re: Lake Virginia Woods - Revised Preliminary Plat 29 June 2005 however, requires the grading plan to show low floor and garage floor elevations on the grading plan. This should be submitted as part of the final plat. It should be noted that, with the possible exception of Lots 1 and 2, none of the lots require significant site alteration beyond what is necessary to.build the homes. 4. The common driveway for Lots 1 and 2 is shown at 14 feet. Anything less than a fire access road (20 feet wide with adequate emergency vehicle turn-around) requires that the house on Lot 2 be sprinklered. It is also recommended that the driveway be at least 16 feet in order to accommodate two cars passing one another. The final plat must include an easement/maintenance agreement between Lots 1 and 2~ .... 5. As mentioned in the previous report, the final plat must include a conservation easement over the wetlands and the wetland buffer areas. 6. Prior to release of a final plat, the developer must pay the following fees and charges: . a. Local sanitary sewer access charges - $1200 x 13 = $15,600. b. Park dedication fees - $2000 x 13 = $26,000. c. Municipal water connection charges - $10,000 x 13 = $130,000 - cost of extending water main to lots (to be determined). . The revised plat is vastly improved by virtue of combining the two properties. It is recommended that preliminary plat approval be granted subject to the preceding and above recommendations and those of the City's engineering consultant. Cc: Craig Dawson Larry Brown Tim Keane Terry Pemsteiner . -2- ~: 0:::1 "C! Q III Ii ,I 'I 71 II 126 II l' :1 li I, a ;! 100 150 'led ,"lion" ...-North l1rJe of the South - ( ;~.~/:I ;~ ~ 1/4 01 . See::. 31. T. 717. R. U Honnopln C<lunly. IIh,"_/~ ".UtlfJd Sea/II! - 50'; : Iii T~t Properly Area - 22.32 A_ ."- ...1 IItlo ~f th. sw 1/4 Z..., 11 Propooed - R-1A .,/ ~f Ih. Sf: 1/4 of,' ,..S.... ~1 Mfn lLo! Ar.o - .fO.OOO s.F. . ""In Lot WIdth - 120 'Ht . II IIIn LoI DlIPj - 150 f..t ,..__"'_ dMofel 3S;~.".t/tmd bufrer . (I~ ..... "', <: /' C) . ~ - . C:J "'J C:J "C ~ ': :i II II \. \. \. ~.~/. I I Z72 nllond V/. . - edgo~f .W' . I :fa I'"' ,ll: \ <.n ~ "'C -.1<: (50 5:~ C) . ~~ ~< C3 Q:: S;: il I i 1'1 ! ~ : >- "C Cb .. ~ I , ORAINAGE AM) U17LITY EASEM ARE SHOWN THUS: ': I. \1 I · !l'+~ r ' __L_-, L_J__ iI I , ' ! I I BE/NG 10 FEET IN WIDTH. UNLESS 0 SE INlJ/CATCD. AND ADJOINING RIGHT.QF-WA Y UN : AND BEING 10 FEET IN WIDTH.IJNLESS OTHERWISE INDICA . AND ADJOINING LOT UNES. AS SHDWNo;' THE PLAT. I i - - Dlnot.. droInaQfI It u 'Ilty ICNtmcrt , . I - Denai_ WIIt/ing .etb line .""'! - SO' 51" -. lD', ReOI' -l5D~ F't'Of" w.tland bu . nUond ,/ ......_'.~ .....,XpBJ.82 ,,// '\ of. 966.06 \, t of thQf perl of th. Sout/rwe.f Oul'1rler of the Southeast Quarter 'j,fb Jtown Road. SRtIon Jt. Township '11, Range 2:5. Hennepin COUll t$ 'I , i I' . I' j , , I ( . III. South 7S11.3S of 11101 part of th. South...., OuartOl' ~f tho South"., Ouart.,. of '-2~ HenMPln Count)': UN lying Eo,terly of Smllhtolfft Road. ~: . \. .-- ~.- --_.-~ Yo 964.J4 E.o__ fob 'I ..'\ / { i , J "...,.-/0 /" _.':=:;.._...:-.~;.,,:";' KD/( CHANGES PI3/ RI:vtE:W DESIGNED DRAV P.E,O. B.~ Exhibit A REVISED PRELIMINARY PLAT Lake V ngmla Woods .-.-"'" CHECKED . _. ...-_..L:. IUAIt:.: ..._.__ "'\ ;1 III J , !fed ...Uanda 50 I: j 50 100 150 ~' ~ I Ii I " I I I /-~ .', .- , I! \ ! I tl I - d..ot.. ~ii-"d buffor 1-- - , <l>- i I / I Ii . I:' j.' :V) s:J ~ I ~ - f )i ,. C:J - . C:J I ~- (j ~ "C ::;:~ I .1-' ?5 ;:SC:J ~ ;( ~ 1/ , (j : 0::: ~ "C I Q I l . I >- "C ".Uand Cb . .-- ~...,.., Ii ' GRADING NDn:S I' i i' 1. '/lD1.NIIlS DQJNEA'I!D BY s-m'EIM OIL _ COMPAIIY. 2. 1llE LOCA1tCIIS llI' ElGS1tNG UIlllEllCROUllll AIlE llHO'III IN AN _OlQllAlE WAY ONLY. '!HE COH'lRAC11lR DrIERMIHE '!HE EXACT LOCA1tON llI' NJ. ElGSI1NC U11lJ'I1ES BEFORE CING -. HE_ 10 BE f1A,I.Y _0HSI8LE FOR _ ANO AIJ. D . 'IlHICH IIIGKT BE OCCASIOIIED BY MIS FAlWRE 10 EXAClLY LOCA AND PREElM!: AllY _ AU. UNDERGROUND U1tU1llS. ". I i III / Jl ~_ -- .-.... "'. XS6J.B2,' I ......""- X 964.34 i X 966.00 1 ~... . \ / / ~~ ........, .. , i / ~:-~~:: ..;::~:. Exhibit B REVISED GRADING PLAN -- III ,.u~,..\tC'r PREll I SHEET t o PER R EW DESlGNED 01 K.O.K. K . . . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR LAKE VIRGINIA WOODS WHEREAS, Virginia Shores Development, LLC (Applicant) has an interest in certain lands within the City of Shorewood and has applied to the Council for preliminary plat approval of a plat to be known as Lake Virginia Woods; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in memoranda to the Planning Commission, dated 1 June 2005, and 29 June 2005 which memoranda are on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City's Engineering Consultant and his recommendations have been duly set forth in a memorandum to the City Planner, dated 1 June 2005, which memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 7 June 2005, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Applicant's request for preliminary plat approval of Lake Virginia Woods is hereby approved. 2. That such approval is subject to the recommendations set forth in the City Planner's memoranda, dated 1 June 2005 and 29 June 2005, the recommendations set forth in the City Engineering Consultant's memorandum, dated 1 June 2005, and the terms and conditions contained in the minutes of the Planning Commission meeting of 5 July 2005 on file at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of July, 2005. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DA TE: 29 June 2005 RE: Minnewashta Elementary School- C.U.P. for Accessory Structure . FILE NO.: 405 (05.16) BA-CKGROUND . The Minnetonka School District proposes to build a small accessory structure on the site of the Minnewashta Elementary School located at 26350 Smithtown Road (see Site Location map - Exhibit A, attached). As shown on Exhibit B, the structure will be located to the rear of the existing school building, adjacent to the playground area. The school is located in the R-l/A, Single-Family Residential zoning district. Section 1201.10 Subd. 4.b. of the Shorewood Zoning Code requires that school buildings be processed by Conditional Use Permit. A public hearing has been scheduled for 5 July 2005. Exhibit C shows in perspective view how the new building will look. It is one story in height, measures 20' x 30' and contains 600 square feet of floor area. The building will be constructed of wood, with an asphalt shingle roof and a concrete slab for the floor. The structure is very similar in character to the picnic pavilion in Freeman Park. ANAL YSIS/RECOMMENDA TION Section 1201.10 Subd. 4.d. of the Zoning Code sets forth several criteria for the consideration of a conditional use permit for a school building. Following is how the proposed building complies with the Code: . 1. The minimum side yard setback requirement for the R-IA Zoning District, in which the school is located, is doubled, to twenty feet. The proposed building will be 50 feet from the east side lot line of the school site. n ~J PRINTED ON RECYCLED PAPER =# 8. B. . . . . . Memorandum Re: Minnewashta Elementary School C.U.P. 29 June 2005 2. It is recommended that the landscaping that was done for the most recent addition to the school be extended to the north. Three additional trees is considered to be adequate. 3. Parking is in place for the school. The proposed building does not affect existing parking or necessitate additional parking. 4. The proposed structure does not affect existing loading or service areas. 5. The proposed structure is consistent with the Shorewood Comprehensive Plan and is compatible with residential development. Based upon the preceding it is recommended that the conditional use permit be approved so that construction of the building can take place this construction season. cc: Craig Dawson Larry Brown Tim Keane Paul Vogstrom -2- ~ > .~ "L---::::::cr~.- ~~~~ ~H ~ lW\ - - - - - - I ~ - rlL v.... .. .. .. .. ~~ \ ..... .. f'\.\.. L J \...... 0 ..... .. ... .. .. .. ~ ~ ~tr .. .- e;- _ ~ ~'Io'" - ... I __ ... - $ ~ @ - ~ I MARIN ... .. ) .. ( '/ '-.J 6;-_-/7 ~- I '\ ~'l>'\ ~~ '- ~ ~ ............... I-- I----, ml---l ~I 8 !I-- ~ ~ -~ 1-- L ~v -- ~ \ ---t~'::. I ! -1--801---- 8 ... - '-- - ----- 5 ~ LL ~ "-~~ - - \q ;" \.. '"' - y \:\ -'-- r~ - \\ ~ ~ 1... \\ \:s: - J-l( J '(7l ~ L-A \ I ....... .. --;\ \~ \~ ~....... ---0-- ~ ~ h I ~ .. ~~_.. \.. \ L ~V\ ~ ~ ~ ~ \ ~ ~. ~~ ~\C - I I. \ ~ ~ BEB - -,i I ;~Jf==l~!. .) ~~~, JIB..- _. -. ::1c '" "J'-1 "-' - _I - -.. -~~ f-1--J B' r I ^ M '--Eu; RD- - EUR...RD ~\ - ~T -I~- - - - f-5!- =1 \ I I rt~~, -----u--- - - - ~ V) ~' -- ~ L -- Exhibit A \ ... ~ I SITE LOCATION .. ... 7, ~ Mlnnewashta Elementary School- C.D.P. I ... I / I Ii for Accessory Structure - f0J =-- ~ f-Y~ _\25 ~ r "T I \ I I I ill ~ 0 0 <( lL <( f-.t 0 0 -1 W -,.) Z I I-LLO:::: -1 et:: \l 0 u 250z <( <( ~ I- (f) Z Ul )-1- ~ - -W5 coj 0 \!J <(2 0 c:> O:::ZO :t:;: ~ Z ....JW ~ <C Z I-11- :E~ 0...2 I- 0.- l- I- I xE-! G) 3:::::> ~ S (f) 0::::>-1- ~t;j X wo W X O<C~ ill zw -"'l , Z w ~..5 "(f) -, ...... -. ./ G. (f) i <( w ~ .i tl , Z I /"'. 0:: -1 >- I- 0:::: W D- O 181 a:::: [(! D- lb s . ..-~.:-"'~ ~tr1 ~& 0...... ~sr. o.-t- rJl(') ~ ~ rJl ~ ~ n ~ ~ Minnewashta Elementary School Vogue Homes,lnc. 612-250-9400 . . . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF AN ACCESSORY BUILDING AT THE MINNEW ASHTA ELEMENTARY SCHOOL WHEREAS, the Minnetonka School District (Applicant) proposes to construct a building at 26350 Smithtown Road; and WHEREAS, the property is legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Shorewood Zoning Code allows schools and structures accessory thereto by conditional use permit (C.D.P.) subject to certain conditions; and WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 29 June 2005, which memorandum is on file at City Hall; and WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at its regular meeting on 5 July 2005, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 25 July 2005, at which time the Planner's memorandum, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property contains approximately 15.8 acres ofland and is zoned R- IA, Single-family Residential. 2. Land uses and zoning surrounding the subject property are single~family residential, zoned R-1A. 3. The proposed building is 15 feet in height, and contains 600 square feet of floor area. 4. The proposed structure complies with building setbacks. . 5. The proposed site plan for the facility will not result in any reduction of the number of existing parking spaces, nor will the new structure necessitate additional parking spaces. CONCLUSIONS 1. The proposed use of the property is consistent with the Shorewood Comprehensive Plan. 2. The conditional use permit for the Minnewashta Elementary School is hereby granted subject to the site being landscaped according to the approved landscape plan and the recommendations made by the Shorewood Planning Commission. 3. The City Clerk shall provide the City Attorney with a certified copy of this resolution for purposes of recording with the Hennepin County Recorder. . 4. This resolution must be recorded within 30 days of the Applicant's receipt of a certified copy hereof. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 25th day of July, 2005. . WOODY LOVE, MAYOR ATTEST: . CRAIG DAWSON, CITY ADMINISTRATOR/CLERK . -2~ r . . . . .- . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD- SHOREWOOD, MINNESOTA 55331-8927 - (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 30 June 2005 RE: Meldahl, Ann - Conditional Use Permit for Fill In Excess of 100 Cubic Yards FILE NO.: 405 (05.15) BACKGROUND Ann and John Meldahl are the owners of the property at 6180 Cathcart D.riv~(see Site Location map- Exhibit A, attached). Last fall, as the result of a neighborhood complaint; the City cited the Meldahls for placing fill and grading on the site without the necessary permits. The property owners were directed to either remove the fill and restore the site, or apply fora conditional use perinit. Due to concerns over drainage, the Minnehaha Creek Watershed District (MCWD).issued a similar order, directing the ~eldahls to submit an erosion control plan and to apply for a fill permit Staff subsequ,ently met with the owners to discuss issues associated with the :fill and grading work, and to review the process of obtaining a conditlon8J. use permit for :fill in excess of 100 cubic yards. Since then, they have commissioned a landscape architect to prepare grading and landscaping plans (see Exhibits a-D). As explained in their request letter, the applicants propose to regrade the site, creating a series of shallow berms, with a swale to restore the previous flow of drainage through the site. - Tht;: property is zoned R-IA, Single-Family Residential, and is presently occupied by the applicant's home, an attached garage and a detached garage. ,. t",J PRINTED ON RECYCLED PAPER 4/:8.C. . Memorandum Re: Meldahl CUP 30 June Z005 ANAL YSISIRECOMMENDATION Shorewood's Zoning Code requires a conditional use permit whenever mOIethan 100 cubic yards of material is brought on to a site. This equates to approximately 10 dump truck loads of dirt. The subject fill has been spread out on the site, making it difficult to determine how muclimaterial has beenplaced, but ins estimated that it amounts to several hundred yards. Exhibit B is the proposed grading plan for the property. From a City Code perspective, the main issues are the effects ofthe grading and filling on area drainage and existing trees on the site. The second issue is somewhat mute; since no trees will be impacted by the grading work .- Drainage on this site runs from north to south. The City's cOncern is that improper placement offill could back up storm water runoff upstream or force the natural drainage onto adjacent properties. The applicants advise us that the Watershed District has approved their grading plan and they have received a fill permit fromthe District. The permit and Watershed District recommendations will be provided prior to Tuesday night's meeting. . It is worth noting that an old culvert located at the south end of the Meldahl property aggravates the drainage issue. This culvert does/not appear to function and appears to have been filled in on the south side of West 6Znd Street. The City will be working with the City of Victoria to rest()re the flow that once existed: . Any approval ofthe conditional use permit should be subject to the recommendations of the Minnehaha Creek:Watershed and the City Engineer. . The grading work and site restoration should be required to be completed no later than 15 September. Finally, the _ grading plan must be signed by a registered engineer or landscape architect. Cc: Craig Dawson Tim Keane Larry Brown Ami Meldahl . -Z~ . L:0i I r=-~ ~ ~ \-- ~ C -- ~ ~ ~ '-- * ,,,,, f"'l . ~ -\::r t'-.. '\l z..o( 8 /1'-... \ Il-> .. ~i ':. I \'?1 I '-; ~ \Jn~ <= "\. "- U ~ -<," ~ ~ (U..Ji ;=1 ~J fI \C! / 0 / 0 '---1 <-- ~ ~IV '\.: I ~ '"IV ~C e\J~ ~ [/f- - LL~I - V. ~ (J. " \ ~ :.-J ~ Q) o Q) ou. q ..... : ~ - tEffirn\\ffi1 1 Ii =---. /)"------ ~ - . >- ~ ,(,) t:: ".. ~ - Q)Q) ~ ~ :c'Q.- ~ ~ ~ 0 O ,\ V1oarvo n ~ ~ ~ ~ \ n- ~ ~ ~ "1 .' · M · ~ '/ ... · '.' · \) \ ~\J · \t2 \ 'l J'] -::...- . t----- · 'ilr;4 ~ I ~ \ <3 ~uJJ.C -::::- ~ r-\~ I .~ .O....MOH ::::-- ~ ~ ' Q) ~ -II I' \ \. ~2 ~ /I ~ ......::;...- '"*'~ Q) \ '" ,,' . \ I . I I . .:r: ~~ 'OU,",- ~\ )\\ Exhibit A r ~- : ~YA\ SITE LOCATION /' 1\ JfiI~"7 ~ ~ MeldahI-C.U.P.torFill ~ '"* '"* ., -..... ~ '"* ~ '"* ~ '"* . . . . I I I I I I I \ I \ \ \ \ \ \ \ \ \ \ \ ~ ., \ \ \ \ I I I J J I / J J / I I \ " '- / / ~f\\ ~f\G~ I /' D' l2.:e.c;n D rJ II KEPR.ESE~c.b ~1 / I f'f-~wS(-7) J ~/ j I / J P: I ~ J X \ J ~ I \ 1 \~ \ 1 r4J '---- +- \ 1 Q ';\ I ~ \[ G I': ]1 '~ i / I I I I I ~ ~ clJ ~ I I ~~ ~ \ ~\ \ --- - \ --: -.; ....... -,' \ ,-' (h~ ......."' ,q,~ \ '/ I ,"' \ / I ~ \ I'" I I J 11'1 ' '\ \ , ) j I ~ I \ ~1'f I I J, - - ~ --.. _J I ,I J I I', ~ I r, \,_/ I \ '.... / I / \ " " -T7 I ~ - - ~ '\ , - '"' 1 .../' ............' I, ~ , { \ / 113 \ I \ \ (J -~, \ I 'h~ I I \ I ~ I ( I \ \ 17'f I I I J I I ) I I ) / I I I I I \' _ ~ / I I I" I \ , Ql'? J \ - J \" I"~ ____ ,,\ ~1'2. '-, ~ r --" ~12, ...... - -..... '- - - ---n-- - I I tlA l.\fE{!\, I IAN1\Ef. ~ I "-1> lJ . 'N.loL& S~, I I / ".../ -.<( -- -- - / I St~u:! , '!::. 30' I I I )t <:I- \ \ \ \ \ \ \ \ \ I I I I I I \ \ \ \, \ _/ Exhibit B PROPOSED GRADING PLAN . April 17, 2005 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Description of Project - Meldahl Residence, 6180 Cathcart Drive, Shorewood, MN 55331 The specified area on the West Side of the property will be regraded to a gentle slope with berms and a drainage swale. The drainage swale width will conform to the specifications and recommendations of the City of Shorewood and the Minnehaha Creek Watershed District. The elevation for the bottom of the swale will be at the original . elevation of the land before the fill was brought in. The drainage swale itself will be constructed of a base of erosion control and weed barrier fabric, landscape rock and assorted boulders (12" - 36"). Once the area is graded and contoured to satisfaction, it will be planted with grass seed, trees and shrubs. Please see the attached plan for the overall planting concept. The actual planting, however, will be done in phases. Phase . one will include grass seed, major trees and a few shrubs, along with shredded wood mulch. Phase two will include a majority of the shrubs. Phase three will include the remainder of the shrubs, the perennials and groundcovers. Please refer to the following plans for details: . 1) Site plan with elevation contours and drainage arrows. 2) Erosion control plan with silt fence locations. 3) Permanent stabilization plan with plant species and locations. . Exhibit C-l APPLICANT'S REQUEST LETTER Dated 17 Apnl 2005 . April 17, 2005 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Conditional Use Permit - Meldahl Residence, 6180 Cathcart Drive, Shorewood, MN 55331 Proposed Erosion Control Measures (also see attached erosion control plan): . 1) A silt fence will be installed around the entire (specified) area while work is being performed. 2) After grading and contouring is complete, mulch and seed will be installed in their respective areas (see attached plan) and the first phase ofplantings will be completed. 3) Proposed seeding plan - grass seed will be spread in designated areas on top of soil with an erosion mat placed on top of the seed. This action will reduce loss of seed and soil until the grass roots have established themselves. 4) Once the mulching and seeding is complete, the silt fence will be removed and disposed of. . . . C-2 . . . . . r~AN1\Nq ~LAN I I I 01 1 I I j 001 ~ I \.l) bb I OJ I q~~ ~'A ~A Gi?t\~~ ~~-A \ l~ ) 5 I t N Exhibit D PROPOSED LANDSCAPE PLAN . City of Shorewood Planning Department 5755 Country Club Rd. Shorewood, MN 55331 Re: Conditional Use Permit for Fill of excess of 100 cubic yards At the residence of Ann Meldahl, 6180 Cathcart Drive To: Mr. Bradley 1. Nielsen Planning Director City of Shorewood . The Carlson's reside directly across the railroad right of way from the Meldahl's at the corner of West 62nd St. and Cathcart Drive. Down the edge of our property flows all the water from the east end of Aster Trail, the south end of Cathcart Drive, from the railroad right of way (the nature trail for several 100 feet on either side of our property) and from all the residents of this area, plus the run off from the intersection of Aster Trail, Cathcart Drive, West 62nd Street and the railroad right of way. We are prepared to receive this run off as it is the natural path for such run off and has been flowing along the same path since the railroad built their rail bed and allowed for its flow under said bed. The Meldahl's work will not affect the flow at all. . I have personally examined their plans and I am in support of approval for their conditional use permit. Thank you. Gary Carlson 3891 West 62nd Street Chanhassen, MN 553331 ~ "- / . PS. The Meldahl's have always worked hard to improve our neighborhood. . JUN 3 0 2005 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 417 North Fifth Street, Suite 320, Minneapolis, MN 55401-1362 (612) 348-9260 FAX: (612) 348-9710 June 30, 2005 J Ann Meldahl 6180 Cathcart Drive Shorewood, MN 55331 . Re: Conditional Use Permit for Fill in excess of 100 cubic yards Dear Ms. Meldahl: " As an adjacent property owner, the Hennepin County Regional Railroad Authority (HCRRA) is in receipt of a notice of a public hearing to discuss your application for a conditional use permit for fill in excess of 100 cubic yards. . HCRRA does not oppose this conditional use permit such that our property line in respected and that the trail is not used to haul in the fill. Please contact me if you need assistance locating the property boundary line or if you have any other questions at 612-348-2691. Thank you. Sincerely, . 1~jM~ Jessica Galatz Property Management Specialist Del Rivers Park District cc: . BOARD OF COMMISSIONERS Peter McLaughlin Chair Linda Kbblick Vice Chair Mark Stenglein Secretary Gail Dorfman Treasurer Mike Opat Randy Johnson Penny Steele . July 5, 2005 Bradly Nielsen City of Shorewood Re: PIN 32-117-23-33-0038 Conditional Use Permit for 6180 Cathcart Drive Brad, I have a concern regarding the issue of the Conditional Use Permit. . As the neighboring property located on the west side of the 6180 property, my primary concern is the drainage plan. As you can see from the attached photos, there exists a high water issue during periods Df heavy rain Dr spring thaw. The phDtD wa.s taken priDr tD the addition of the new fill I want to make sure that any change to the natural slope be approved by a licensed engineer that specializes in drainage issues, as my property is the one that will be directly. affected by a poor or hasty drainage plan,. . If the dirt is allowed to remain in its current location, my basement will flood during the next period ofbigh water. The original drainage wasn't good, the current situation is impossible. Thank You, . Gary Anderson 26940 W62nd St Shorewood, MN 55331 . o. . . . . . \. . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR ANN AND JOHN MELDAHL WHEREAS, Ann and John Meldahl (Applicants) are the owners of real property located at 6180 Cathcart Drive, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for an after-the-fact Conditional Use Permit to place up to 1200 cubic yards of fill to level off and landscape the above-referenced property; and . WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place fill in excess of 100 cubic yards; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission, Mayor and City Council dated 30 June 2005, which memorandum is on file at City Hall; and . WHEREAS, the Applicants' request was reviewed by the Minnehaha Creek Watershed District, which has issued a grading and fill permit, attached hereto as Exhibit B; and, WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 5 July 2005, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicants' request was considered by the City Council at its regular meeting on 25 July 2005, at which time the Planner's memoranda, the Watershed District's permit and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Applicants have caused fill in excess of 100 cubic yards to be placed on their property without the necessary permits. 2. The fill will not exceed three feet in depth and will be used to level and landscape Applicants' property. . 3. The area offill shall be limited to that which is shown on Exhibit C, attached hereto and made a part hereof. . . . . . 4. vertical. The slope of the finished grade will not exceed four units horizontal to one unit CONCLUSION a. The application of Ann and John Meldahl for a Conditional Use Permit as set forth hereinabove be and hereby is granted. b. The Applicant shall provide a grading, drainage and erosion control plan signed by civil engineer, registered in the State of Minnesota. c. The Applicant has agreed to provide erosion control measures as prescribed by the Minnehaha Creek Watershed District. d. Pinal grading shall be subject to approval by the City Engineer and the Minnehaha Creek Watershed District. e. Erosion control measures must be in place prior to any additional grading f. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy ofthis Resolution for filing with the Hennepin County Recorder or Registrar of Titles. g. All work is to be completed by 30 October, 2005. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 25th day of July, 2005. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk -2- . .--- --. . PERMIT No.J)5 - \C\-~ ISSUED TO: ~tl M eJJaJJ FOR: Jl.v.lt B ~ Eros;", Crm:('f()( LOCATED AT:JJitJ (iJi udJ)r, 'tlt, S ~(". J ood By The Board of Managers of the MINNEHAHA CREEK WATERSHED DISTRICT 18202 MINNETONKA BLVD., DEEPHAVEN, MN 55391 952.471.0590 Signature: Title:~{CT '(l!Cff:NtC (AN PERMIT EXPIRATION DATE: /)S/l7!66 POST CONSPICUOUSLY AT PROJECT SITE FOR PROJECT DURATION ~ OR A MINIMUM OF 10 DAYS ::r ...... cJ ...... ...... to . ,'- e The Minnehaha Creek Watershed District is committed to a leadership role in protecting, improving, and managing the swface waters and eliated groundwater resources within the District, including their relationships to the ecosystems of which they ere an integral part, through regulation, capital projects, education, cooperative endeavors, and other eograms based on soundscience, innovative thinking, an informed and engaged constituency, and the cost effective use of public funds. e Minnehaha Creek Watershed District Improving Quality of Water, Quality of Life Established in 1967 Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements and information contained in the permit application, correspondence, plans, maps, and all other supporting data submitted by the applicant, and made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below for use and development of land in the Minnehaha Creek Watershed District. Issued to: Ann Meldahl Permit No:05-143 Location: 6180 Cathcart Drive, Shorewood Purpose: Rule B: Erosion Control Date of Issuance: 05/17/05 Date of Expiration: 05/17/06 By Order of the Board of Managers This permit is not transferable without District approval, and is valid to the date of expiration. No activity is authorized beyond the expiration date. If the permittee requires more time to complete the project, an application for renewal of the permit must be received by the District at least 30 days before expiration. The applicant is responsible for compliance with all District Rules and for the action of their representatives, contractors, and employees. Conditions: Project to be completed as described in plans submitted to the MCWD office on May 3, 2005 according to the provisions of this permit. . Properly install and maintain all required MCWD Rule B, erosion control measures until the disturbed areas are restabilized . Silt fence must be orange in color . When the site is restablilized and the MCWD staff has performed a final inspection, all silt fences must be removed (Statement concerning fees for inspections, violations, etc... on reverse) 18202 Minnetonka Boulevard, Deephaven Minnesota 55391 . Phone: 952-471-0590 . Fax 952-471-0682 . www.minnehahacreek.org ~ A~ \U ~ ~1: &'3~\0 !~ ~ ~ ~JJ{S~ " t5L .... - ...... ...... -z ~I- , , .... ~ ~ ~ ~\' , -S - Vi -- _ - 4l:ii - ~l-i -0 - - - 71 7-----"6th ~- - --- - - . " " ....... ....... ......... - - "'\--~ .;? f) - --- :t: ~- 't" -- -- _---- --ur~-- <J ,"~~~~.~, """",. ~ ... ----,,_. """'''_.--~ ,.. -: ,... -,.'._:~':":". /' t ". ,. - ~ \ -,- - ---..;;;;" _~:':::~:~_::;'~:.-O:__~';': ~ .' ;;. I ! .., r ~ - -- - :'::.:""'< \~, . ,.-' .;;,- ' __-.... I .a-,"" '- I , .. ~ ' .. ,,' --.. -_....--" -- \ ~ .... '9-Lb- - - - -- ~ ,. - - -...... , , I I of "" t.J:' -:r- I , .;:. r I , -. , t ~-; .~ , -. , ..... .. ....' .....- ,/ -:: ... ~ . .~. __ l~I---- _ _ _ _ _ _ _ _ _ _ _ - rn;.9 . .. -- "- - .... -- " '\ I I rl r- a- , , . I &i I / ~ ,; to-J ~ j. .... - --~.,.,. ()j / I ~---_....~ ..... .,... , - ~ ..... . ---..... \ '\, \ II I , , I ,.." I ( I " c(\ r- c:r , f , I l .. .- - - ...... - '- '\ 1 '" ,... (f"" ~-' I " - -' -' '-~ - - - -. - '\ /~ \ \ \ t \ u +-' .~ .D . .... ..c x ~ , ) J . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~ Craig W. Dawson, City Administrator July 21,2005 Response to Request for Position on SLMPD Issues Group Matters . At its meeting on June 30, 2005, the Greenwood City Council encouraged all of the councils of the SLMPD member cities to make concise written statements of their positions regarding matters considered and not considered by the SLMPD Issues Group. At its July 18 work session, the Council directed staff to prepare a statement about its commitment to the Issues Group process, and to restate its willingness to continue to work through issues that had not been addressed by May 31, 2005. . A draft of that document, a letter to the Chair of the SLMPD Coordinating Committee, has been prepared for Council's consideration. . . .~t..v ~"i C1 A #. taJ PRINTED ON RECYCLED PAPER . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Bob Newman, Chair Coordinating Committee South Lake Minnetonka Police Department 24150 Smithtown Road Shorewood, Minnesota 55331-8598 Dear Mr. Newman: . The Greenwood City Council has asked each of the councils of the SLMPD member cities to prepare a concise written statement of its positions with respect to the Issues Group process. The Shorewood City Council's statements follow in this letter to the Coordinating Committee. ********* The City of Shorewood is vitally concerned that its residents and businesses are provided proper . public safety services, including police. The four SLMPD member cities have owned and operated their joint police department since 1973, and the levels of staffing and range of services have changed as the needs of individual cities and the four-city community have evolved. Through the 2002 budget year, the city councils provided the financial resources necessary to provide high-value police services at reasonable costs. Actions taken one member city council for the 2003, 2004, and 2005 budget years compromised the ability of the other city councils to meet their responsibilities for police services, and resulted in their need to pay for additional services in 2004 and 2005 just to . maintain historic levels of policing. Shorewood consistently has believed that the SLMPD is the most economical and rational way to provide police services to four cities with small populations and jumbled city boundaries. Shorewood has also been consistent in its belief that the SLMPD has been successful because each of the cities has been an equal partner. If anyone city were to have responsibility for more than one-half of the cost of Department's operations, it would remove this equality of partnership and seriously bring into question whether a joint-powers approach is the way to provide police services to the four cities. The City Council has eagerly sought opportunities to address the financial issues raised by SLMPD cities since 2003. After many attempts without much success to bring meaningful discussion and resolution, the City Council on December 13, 2004, endorsed the proposal by the SLMPD's Coordinating and Operating Committees that became the basis for the Issues Group process. It especial.lY concurred with the recommendation that the Group's work be concluded by May 31, 2005, . so that issues would be resolved in a focused time frame and in time for consideration of the 2006 SLMPD budget. The Council was disappointed by the lack of prompt agreement that delayed the start of the Issues Group process until the latter part of February. ft taJ PRINTED ON RECYCLED PAPER . . . . . . . Bob Newman, Chair Position regarding SLMPD Issues Group July 26, 2005 Page 2 The Shorewood City Council appointed two representatives to the Issues Group, and then trusted their participation and the process to develop a recommendation on what change( s) should be made to the joint powers agreement and administrative procedures. The representatives gave periodic reports to the rest of the Council, most notably early on in the process when it was apparent that (1) not all of the issues listed would be able to be addressed by May 31, and (2) that there would be one proposal with interdependent parts-a single package that would need to be voted on. The Council agreed with its representatives (1) that the issues not considered or left unresolved would be addressed after May 31, and (2) on voting one package of recommended changes up or down. On June 13, the City Council reviewed the recommendation of the Issues Group, and then decided to continue the matter to its June 27 meeting. At that meeting the Council approved the Issues Group's recommendation on a 4-1 vote (with the dissenting member believing that Excelsior had not provided persuasive evidence nor arguments for its request). In its discussion and action, the Council: . Agreed with the Issues Group's recommended changes . Stated that its approval was valid until midnight June 30, 2005 . In the event that all cities had not approved the Issues Group's proposal by that time, directed its City Attorney to begin to examine alternatives to dissolve the SLMPD . Committed to continue discussion on the matters identified but not addressed by May 31, . . . prc>viden-tlrattheresolutiorrufthemattersdiscussedtodate--1he-Issues-Greup's prepesal- was approved by all city councils. The City Council's position with respect to the Issues Group process has been stated and acted upon already with its approval of the Issues Group recommendation. The City Council acted in good faith throughout the process, including the agreement among all parties to adhere to the May 31 and June 30 deadlines. The City Council has also noted that the SLMPD is a business partnership among four jurisdictions. It is a far more economical approach for each city, compared to what it would cost each city to provide its own 24-hour service. It is more responsive for each city, compared to what its position would be in contracting for services. The SLMPD serves one geographic area with the pooled resources of its member cities, and each member has a different set of needs and use of SLMPD resources. The JP A must reflect these differences among its partners. ********* Bob Newman, Chair Position regarding SLMPD Issues Group July 26, 2005 Page 3 . A majority ofthe Shorewood City Council remains very disappointed that the Issues Group's recommendation was not approved by June 30, and that it is now necessary to look at alternatives to the existing JP A. Sincerely, . Woody Love, Mayor On behalf of the Shorewood City Council: Paula Callies Christine Lizee Laura Turgeon Martin Wellens . . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig W. Dawson, City Administrator . FROM: Larry Brown, Director of Public Works DATE: July 21,2005 SUBJECT: July 25,2005 City Council Agenda Item #10A - Order Preparation of Plans, Specifications and Estimates for Wedgewood Drive, Mallard Lane and Teal Circle Reconstruction . Agenda Item #10A will be delivered under separate cover. . . n ~~ PRINTED ON RECYCLED PAPER #/O.A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us'cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: . DATE: RE: Revisions to the City Council Agenda and Transmittal of Items . Staff has been working with representatives of Hennepin County to process supplemental agreements for the County Road 19 Intersection Project. Since some of the data was not available at the time the City Council packet was published, this supplemental packet is being transmitted with an added item under this separate cover. Cham!es in the City Council Aeenda Staff is requesting that Item 3G "Authorize Change Order for County Road 19 Project" be deleted . from the City Council agenda. This item has been replaced by two items that are to be scheduled as items 10 Band 10 C as follows: lOB. Authorize Supplemental Agreement 3 for the County Road 19 Intersection Improvement Project (Public Works Director memorandum, Resolution). ' 10C. Authorize Supplemental Agreement 4 for the County Road 19 Intersection Improvement Project (Public Works Director memorandum, Resolution). Transmittal Based on the above revisions, items 10 A through C are transmitted by this supplemental packet. . n ~~ PRINTED ON RECYCLED PAPER . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM . DATE: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works t June 23,2005 TO: FROM: RE: Authorize the Preparation of Plans Specifications and Engineers Estimate for the Wedgewood Drive, Mallard Lane and Teal Circle Reconstruction Project. . On June 9, 2005 City Staff conducted the last of the public information meetings for the Wedgewood Drive, Mallard Lane and Teal Circle reconstruction project. Staff presented the various alternatives for the roadway, along with the considerations for the installation of city water service. Attachment 1 depicts the project area. The meeting was well attended. In addition, staffs offered comment sheets, e-mail addresses, and contact information for residents to provide feedback on the project. Feedback received has been included in the appendices of this memorandum. . Staff will present, both here and at the City Council meeting a summary of each of the main design alternatives for the project. Ditches or Concrete Edges/Aprons Staff presented the pros and cons of ditches and "concrete edges/aprons" at the public information meeting. It was very interesting for staff to learn that there is a natural dislike for a "barrier curb." Barrier curb is the concrete vertical faced curb that you typically see in a large city, such as Minneapolis. However, consideration would be given by residents for surmountable concrete edges /aprons the edges of the roadway. Hence, the proposal was clarified to insure that edge control or aprons were utilized versus a barrier style curb and gutter. Attachment 2 demonstrates the surmountable edge control that is to be considered. . Simply put, the construction of a new roadway has to incorporate a ditch or an edge control with storm sewer to facilitate drainage. Constructing a roadway without these items is a compromise that will result in early deterioration of the roadway, and increased maintenance costs over the service life of the roadway. Of the comments received, residents prefer the surmountable concrete edge control versus ditches. n tJ PRINTED ON RECYCLED PAPER :liIDA-.. . . . . . Mayor and City Council Authorize PS&E Wedgewood Drive, Mallard Lane and Teal Circle July 23, 2005 Page 2 of 4 Roadway Sections The minimum acceptable design width for a two way roadway is 24 feet of driving surface. Edge control, shoulders, and ditches are to fall outside of this minimum width. Wedl!ewood Drive: Staff presented two concepts for Wedgewood Drive at the public information meeting. These alternatives were as follows: 1. Wedgewood Drive as a 26.0-foot width driving surface to provide a minimum width for parked cars and pedestrian travel. 2. Wedgewood Drive as a minimum width of 24.0-foot width driving surface with parking prohibited Wedgewood Drive serves as the only entrance for Wedgewood Drive, Mallard Lane and Teal Circle. As such, staff presented the alternatives above which included provisions for a wider roadway for Wedge wood to accommodate pedestrian travel and parked cars. Of the comments received, the majority of the comments prefer to have Wedgewood Drive constructed as minimum width roadway and concrete edge control outside of the minimum surface requirements. It is noted that the cul-de-sac diameter of Wedgewood Drive is to be reduced significantly to coincide with current design standards. Mallard Lane: Mallard Lane was proposed as a minimum width roadway of 24 feet in width driving surface. Of the comments received, the majority of the respondents prefer to have Mallard Lane constructed as minimum width roadway and surmountable concrete edge control outside of the minimum surface requirements. Teal Circle: Teal Circle was proposed as a minimum width roadway of 24-foot driving surface. Of the comments received, the majority of the respondents prefer to have Teal Circle constructed as minimum width roadway and surmountable concrete edge control outside of the minimum surface requirements. It is noted that the overall length of Teal Circle roadway is to be reduced, with the cul-de-sac shifted within the existing right of way. Municipal Water Service The current ordinance for municipal water service (paraphrased) requires that a minimum of 67 percent of residents along the route of a petitioned project, shall submit a formal petition form with the City Clerk for the City Council to consider such a project. A copy of the full ordinance has been included as Attachment 3 to this memorandum. . Mayor and City Council Authorize PS&E Wedgewood Drive, Mallard Lane and Teal Circle July 23, 2005 Page 3 of 4 Formal petitions were provide at the public information meeting and mailed to each resident for consideration of the installation of municipal water service. Table 1 below is a summary of the parcels available for the service and the number of petitions received for each roadway. Roadway Number of Petitions Received Percentage Properties that Petitioning for Front the Roadwa Cit Water Wedgewood Drive 25 4 16.0 Mallard Lane 6 0 0.0 Teal Circle 5 3 60.0 . Total 36 7 19.4 Table 1 . . . Under the current ordinance, the petition for the installation of municipal water service fails. I would be remiss at this point if it were not stated that the costs to be born by each property at a later date for the installation of municipal water service would significantly greater, if installed after the roadways have been reconstructed. Drainage One of the major concerns of the project is drainage. A vast majority of the properties along the project area are impacted by drainage, or lack thereof. Staff will be working through the design process to address as many of the drainage issues as practicable. A drainage survey will be sent to each property owner as part of the design. Undoubtedly, there will be issues that the project can not, nor should not, address as a public improvement. However, staff will perform the survey, and will incorporate as many fixes into the design as feasible. One of the major drainage features for the area is the drainage ditch located south of the Light Regional Rail corridor, and east of Wedgewood Drive. Staff will work with property owners to try to improve the characteristics of this drainage way, as part of this project. Recommendations Staff is recommending approval of a resolution, which directs WSB and Associates to prepare plans specifications and engineer's estimate for the Wedgewood Drive, Mallard Lane and Teal Circle, based upon the following design features. Mayor and City Council Authorize PS&E Wedgewood Drive, Mallard Lane and Teal Circle July 23, 2005 . Page40f4 Wedgewood Drive: is proposed as a minimum width roadway of 24.0 feet in width driving surface, and surmountable concrete edge control outside of the minimum width. Mallard Lane: proposed as a minimum width roadway of 24.0 feet in width driving surface, and surmountable concrete edge control outside of the minimum width. Teal Circle: proposed as a minimum width roadway of 24.0 feet in width driving surface, and surmountable concrete edge control outside of the minimum width. A Resolution is attached for the City Council's consideration. . . . . .. . . . . . CITY OF SHOREWOOD RESOLUTION NO. 05-_ A RESOLUTION ORDERING PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATE FOR THE WEDGEWOOD DRIVE, MALLARD LANE AND TEAL CIRCLE RECONSTRUCTION PROJECT WHEREAS, the 2005-2009 Capital Improvement Program identifies the need reconstruct Wedgewood Drive, Mallard Lane and Teal Circle; and WHEREAS, public information meetings for said improvement have been conducted with solicitation of comments of affected property owners being received by the city; and WHEREAS, WSB and Associates, Inc has submitted preliminary drawings and design proposal to for the preparation of project Plans, Specifications, Engineering Estimate. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood, Minnesota: That the proposed improvement be referred to WSB Associates, Inc. for preparation of Project Plans, Specifications, and Construction Estimates and is to incorporate into said design the following features. 1. Wedgewood Drive is to be designed at a minimum width roadway of 24.0 feet in width driving surface, and surmountable concrete edge control outside of the minimum width. Mallard Lane is to be designed as a minimum width roadway of 24.0 feet in width driving surface, and surmountable concrete edge control outside of the minimum width. Teal Circle is to be designed as a minimum width roadway of 24.0 feet in width driving surface, and surmountable concrete edge control outside of the minimum width. 2. 3. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of July, 2005. Woody Love, Mayor Craig W. Dawson, City Administrator WEDGEWOOD DRIVE "" ~ ~ ... ~.~~~, . ~~ ('......~ . ~. ~-y~OG, .~~~ 5600 . ...... ...... ......... %--i. / / / 5670 5620 5650 5630 8' Wide Street " " : ":.'j'. .1-, 5595 'C,. r " 5685 c.n en -i:>- C) 5625 EXISTING PAVEMENT PROPOSED STREET RECONSTRUCTION CITY OF SHOREWOOD City of Shorewood 2005 - Street Reconstruction CITY OFSHOREWOOD, MINNESOTA A TT A ~HMENT 1 WEDGEWOOD DRIVE ~! Excess Pavement to be Removed I .:r: ~i.~t'r::' 5385 ' . ;~, . 28' IdeStreet. 5365 ~~O " 5490 ~ CITY OF SHOREWOOO City of Shorewood 2005 - Street Reconstruction CITY OF SHOREWOOD, MINNESOTA MALLARD LANE ~.".'.;'c :.------. .C." ""I Exces~Pavement to be Removed \ 5440 /' 5460 ---- I EXISTING PAVEMENT PROPOSED STREET RECONSTRUCTION CITY OF SHOREWOOD City of Shorewood 2005 - Street Reconstruction CITY OF SHOREWOOD, MINNESOTA FEEDBACK FORM ~ WEDGEWOOD DRIVE, MALLARD LANE AND TEAL CIRCLE POTENTIAL RECONSTRUCTION . NAME t.tt1tld r t3he I; . ~j tLM"'J _ ADDRESS .5LI/.() ~rd'-~14 .ML . She-rej/J~. j./JrJ PHONE _. I . .f\V et'LU.i. diMC"'I1 . . . "'ti . . . . . FEEDBACK FORM r~-",'-"-"'" .. ...... WEDGEWOOD DRIVE, MALLARD LANE AND TEAL CIRctLE ~;'~~ir" ...., POTENTIAL RECONSTRUCTION t I I ~ JUN 2 8 2005 NAME if(1J:'^- ,'oj,. S./-.t2A/R.. ~L/ct",".g ADDRESS ::s y ( c I../e..(,,, f! u..J'c.~ ~- PHONE / ....- "' ., I Comments: d, I /J . /~ // ./Tlrc&y-,"-c--;::f-'{vJI.... 2. -' !C~;--''i:,/ o y ("(.Z1r::r-e~ -e~?..,'7f';' w/ i 7?~C- /IJ ::;~/r/,cJr/, 7'~? ~~.94J-I-. ~ v'7he.. '"2 P. df A \ /' tJ.~,,'.e... /"1/jJ ~"-'<':u"- ';.--p---+v.e~ 4€,t'&!.~ '57,(6'0 /~va-5 y / 4~L--.-,1_-;r{,"- O'?-r:l,,;::>i'~. ~-,. J-" /.~ ~~tV d'f- C/~ pJ~.e::~!./!' . _...-'--'~ ~ /,(1 :-h~ cif-J 6.e (~ r--"3'+-~S? ;- 'y:./ ..--u i/..t(~ ---...&<-.'2:,. ."/ t:^-Jo--../ c1) nfJ /'~~+ c~G7<;;l ~~~:..,/~, /J'::l..l I'.. ("~~ . /_ .._~.. .....,. r~' .-h j 1 22 .."7(',' c,... )' v ~-::fV /' _ / LP A..?~ e'.J?J",....u...... 3'" ~ Return by July 1, 2005 to: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 or fax: 952-474-0128 Or email commentsto:cityhall@ci.shorewood.mn.us WEDGEWOOD ROAD - MALLARD LANE - TEAL CIRCLE PUBLIC INFORMATION MEETING COMMENT SHEET June 9, 2005 NAME -/t-.." S~,...J ::3~~ ADDRESS :;--L/Z-D /J,dni>G~~ /L, PHONE' /- ' Comments on Proiect Alternatives: yo4!S 7D CZ--d~ .6 s.-. G: <./r~~ ~ /0 ~/ry /'U~ ...L/4.r- /N~ 77~c::.,L ~' 7'7~"CJ..c:- /~ /Z../~w /fJ>:- . . . . . ". " . . . . . FEEDBACK FORM WEDGEWOOD DRIVE, MALLARD LANE AND TEAL CIRCLE POTENTIAL RECONSTRUCTION NAMEri~.-J ~. ~\Ef ADDRESS ~- ~~_ -. \\'11' PHONE JUN 2 3 2005 Comments: \\'\11 ~k UO\t\, ~E> r (h,c;tt"Utt't~n ~. bJ~~~~.1>~~U~\VP' \00.1 \().....J. kne_ C~,"\j T eA..\ ~'\("J~ ~~ ~t",Y't-.1'} h'\l ~ ~ ,I " a ".J.-'1 "'\ \-~ di \-r ~1l6 '~M"~ e.J . \" t'."-r. \.>>-~ \ h~"i>_. NO \)j \ s\f tW' \~ \t~.gE~ \ \V\ \>, \ 1"11\ n, \n t. \-~ ~a.t!&,. Return by July 1, 2005 to: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 or fax: 952-474-0128 Or emaU comments to: cityhall@ci.shorewood.mn.us WEDGEWOOD ROAD - MALLARD LANE - TEAL CIRCLE PUBLIC INFORMATION MEETING COMlVlENTSHEET June 9,2005 NAME c5 ~" ADDRESS S-V6",:.'J PHONE I ;: 0,- r:~ 6V/1-tVC '/'1./2:;-1:":> G *"'t-<Jc>-e"7':,. ~ r t.._ Comments on Proiect Alternatives: ~ 70 (i:...,c/re .g, ~"". G,;/ ~p"--""" ""~-;:--s .." 70 >>~" f1r't.4/J /.$s-r""""C; / "r:; V7i'-z:-.r....c:.-~ ~"" /#Vt _~ 0 p ~ to /' ~r',,'7.-C"-v~~ y-' . . . . . . . . . . FEEDBACK FORM WEDGEWOOD DRIVE, MALLARD LANE AND TEAL CIRCLE POTENTIAL RECONSTRUCTION =s*,e;o ~~~K~ I~ PHONE JUN 2 9 2005 ,) Comments: c! UBtt.... 'I- ~u 'rr~A!!.... ro,L.- 6~~ wl4r~.IL . A'lA"~ tJ.,).;rALt::-fe.1!!J LJu~/<<.,(Jj /lilJAL'J ~4'AJ~r~i/t::!7?'bA.J ~/2. ,AI()r- #7"" A~ - ~ J2-e/J~A~~ ~LJLl.J~ Ar ~~Ve.L II SA..-e"':<f!I.I&~ ~ TO ~:iM" ,{)cPAJ~c. # (E><:r't! '~~- ) TO S 1'.Q~,M,I1 ) F /l1!J.s~ ) 4~.fL /..IJ > r-i' :5 I!! n'~ t!!"",tI!JC,/ r !>IJA.JI) II ~___ . .. II .J.. r LU- Jt.'rf!.(L --, S ; ~s 7A ~ t-L.LJ 4~~f!! .ks~ ~ 7S /I~~h~"'~ rl!) JJl!!...u .8'*'Y"'f!'.1.1 :)..ff' jleJAf) w ~1J1"'P J"~ .A~~dT4A.L- Return by July 1, 2005 to: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 or fax: 952-474-0128 Or email commentsto:cityhall@ci.shorewood.mn.us PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota ,2005 To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: (ADDRESS): hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALLATION OF MUNICPAL WATER EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity'wlth regard ..' f to the making of the improvement or assessment of the cost thereof; waives any claim - ~ that the amount thereoflevied against owner's property is excessive; and waives all rights . of appeal in the courts. . Date Signature of Owner Print Name of Owner Description of Property 1. 2. 3. . Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk Return Orie:inal bv Julv 1 to: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331. Note: A drop box is located to the left of the front door of City hall for your convenience. . . . . . . . . . . WEDGEWOOD ROAD - MALLARD LANE - TEAL CIRCLE PUBLIC INFORMATION MEETING COMMENT SHEET June 9, 2005 NAME ADDRESS PHONE rL. . J) ~M\.l)( ~.A~'lO ~ S\.\q\ t)6~\oJ;jtb blL- v ......\c-.s__ -- Comments on Proiect Alternatives: ~~S <<-,+t, . t\Jr\o ~O\~.o/ _ l\ ~$'- ~, h. (J~ ~"" ~ rk~ \ ~v-L \. , ' ~' ~ "'''--'6 \C'\ \ ('--J.- C,-"1'I ::s:\ . (\ \ 1 11 .~ f'\..Q ..,J') p "C-J,( . . ~ '-. , \w . Ci " 0 ~ a 8 m '"d~Z lit ::E:lt:;~ 0 ~~~ ::s '"d ~ "1 (J) 0 Cf.l . ~~ ~ tD n ..... ~ ~ ..... ~~ ~ tD 3 "'00 I>> ~g ~ t.' -< tD en t-ll:d .. l~ 1-40 (i2~ r;;: ~ ~ o I:!j I -. giO~ ~ ~ . ~z~t-l ~t ~ 1-3t-l ~oo::j>- ~;1~~ '. ~ ~ ~~t-l ~ ('I 1-3 >- s:= ~~ 1-41 ) ZI-3 c;l~ t-l (i ~ (i t-l ~ ~ ~ ts J ~r . . . . . . j...,:. ,~, :- ~" \; Thomas 1. Hayes 5625 Wedgewood Drive Shorewood,:MN 55331 tomhayes54@mchsi.com JUN 2 8 2005 .. "',. (\!.'''. .; t . .' -r;'-'. .',,,. June 28, 2005 Regarding: The installation of municipal water and the Wedgewood Drive, Mallard Lane, and Teal Circle potential reconstruction. Hi Larry, . Enclosed is a Request for Fee Variance I put together following our meeting on June 9th. My intent was to make a rough estimate of the actual cost of connecting residents while the road was tom up. I extrapolated numbers from the Timber Lane project and created some ballpark estimates. I wanted to meet with you and discuss them, but I assume you are busy. . I discussed the content of the request with three of our neighbors and they thought it looked reasonable and would buy in. BeforeI can begin selling municipal water to the other neighbors, we need a concrete cost figure. What is the next step? Thanks, . Thomas 1. Hayes . Shorewood Municipal Water Connection Fee. .. Request for Fee Variance Residents of Wedgewood Drive Smithtown Road to and including Teal Circle Residents 3: \~- "," a; / ... )- / p.. ~ r- ~,;'. -:I. / \"" / / / . .. c: o ....l "8 E o "C ~ ~ III ::J: ..!! 3: Shorewood, MN June 2005 Prepared by Thomas 1. Hayes 5625 Wedgewood Drive Shorewood,:M:N 55331 JUN 2 53 Z005 . . . . . 1 WEDGEWOODITEAL MUNICIPAL WATER Aobjective: Demonstrate a utilitarian solution to providing municipal water service to residents on Wedgewood ~rive and Teal Circle at cost of the installation. The city and residents benefit from the installation of a water main during the Wedgewood Drive, Mallard Lane, and Teal Circle road reconstruction project. We seek to demonstrate a variance/exception is in order to reduce the set $10,000 hookup fee due to special circumstances, the reconstruction of the resident's streets. Assumptions . The city of Shorewood does not include water hookups as a source of revenue. . At least 67% of residents are in favor of a municipal water hookup at a reasonable cost. Scope of Request (neighborhood) Twenty four residents on Wedgewood Drive from Smithtown Road down to and including residents of Teal Circle. The time frame for the request is only for the duration of the project proposal and is invalid after final approval or rejection. ~dvantages .. Residents gain access to municipal water as a reasonable cost. . City roads do not need to be tom up twice; once for the road reconstruction project and once to install a water main. . The city completes additional municipal water hook-ups at minimal cost and disruption. . Revenues for the city in the form of water usage fees increase. . Increased property value for the residents. . e Increased tax revenues for the city due to appreciated property values Disadvantages . Additional time for the road reconstruction project schedule. . Increased property taxes for residents due to increased property values. Risks . City council may decide to assess residents for street reconstruction if this proposal is approved. . . Delaying the road reconstruction project until springlswnmer 2006. !" ~: ~,. : ;~' JUN 2. 8 2005 . 2 WEDGEWOOD/TEAL MUNICIP AL WATER Resident Cost Estimate (Tom Hayes) . Using data from the Timber lane water main project, we have constructed the following analysis and estimate for the cost of connecting Wedgewood Drive residents down to and including Teal Circle residents to municipal water service: Timber Lane Pro. ect1 Linear feet of water main Number of residents 1544 9 Total Cost Cost er resident $151,952 $16,884 Estimated Cost (percentagei Dig up Road 30% Replace Road 30% Install water main 40% Total Cost 100% Estimated Timber Lane Cost without road work 40% * $151,952 = $60,781 . Estimated Cost per foot $60,781/1838 = $39.37 per linear water main foot Wed ewood Drive/Teal Circle Estimated Cost Linear feet of water main 1838 Total Cost Number of residents 24 Cost er resident Cost for water main = Linear feet of water main * cost per foot = 1838 * $39.37 = $72,354.35 Cost per resident = Total cost / number of residents = $72,354.35 /24 residents = $3,014.76 Street to Residence Hook-up Suppose the City of Shorewood recommends a contractor to complete residential hook-ups and gains a group rate for those residents wanting immediate municipal water connections. Suppose the average rate for each curb to home connection is $2500. . Total cost per resident - $3,014 + $2500 = $5,514 or can be sold to residents as less then $6000 for their municipal water connection. I City Council Meeting Minutes 2 Estimate by Tom Hayes 3 Estimate from vehicle odometer using 5250 ft per mile 4 Drive by counting individual residents on the street JUN .2 fj 2005 '. Wedgewood- Teal Water Main Installation Study l<: = c::> ('..! Timber Lane Project '. Wedaewood Proiect Number of Homes 91', Number of Homes 24 Lineal feet of water main 1544 1<, Lineal feet of water main 1838 Total Cost $151,952 r TotaJCost $39* 1838 $72,354.35 , Residence cost each $16,884 I' Residence cost each $3,014.76 . ,,',',' Estimated Cost 0/0 ,', Dig UP road 30% 1<' Replace road 30% .'." Water main installation 40% .- 100% :":,:' < Cost without road work Total cost * 40% $60,781 ", "" Estimated cost per foot $39.37 '. " ',' Street to Home $2,500 Total Estimated Resident Cost $5.514.76 or) <iN ::) .-) City Water.xls . 6/28/2005 . . . . ~~UM : MLI lcLcCUM ~HX NU. : b~l~bt~t~~ Jun, ~~ ~~~~ ~:~~HM ~1 FEEDBACK FORM WEDGEWOOD DRIVE, MALLARD LANE AND TEAL CIRCLE POTENTIAL RECONSTRUCTION . NAME 'l:> ~ ...:. . .Q....\ Me .~ ADDRfSS >b~D l;Jet~C,.,?, ~O":"c..~ "t>,'., ooI~ PHONE r.>_. Comments: ":C.. "'-_ ~ I \ ~( .., "" .c..... U"- ".0_ e,( . r~ k...... 4.0' 0(,"(." p c::.- ...ce~-s' J.. :I;~ S~d 'J p... (" (.0, ,^""",,~aA. 0....... <.. <2.. ~ 10cJ e<;{............df@ ~s f'te.S~~oJ. +t............ ::r; lJ;tf ('o.....$,'.~~<" .'di:..,\.....' 1iA.; r;-"7t.,:fre; r A ~ .d..i ~ (J '. ......... ..cIA.."" '" \" ~.{. -k rI,' +'dA._~ ~ (,' t:;w"\. .... r... {-E, (1'-)'7; --, do... ~ r.~~rC) ';,-eel. . :or' J ..1_ ". .I/. _ a. I,AA- CI /) Pod S 'c" ,. (I..J I '^ C (' e.:: ~ (......., ~ fI , +0 e>' C:t'~~:ve... 'Sfe-ce.& ~ j . {"o('_ J,'Wd;j "./ ~ r/... fL.. dv ~ . ....l- L.)O<J I! r: k ~ ..f.-o <; CO' -e a C(O~~'IV'\' . . \ S+<Df' ~(,..... -+ ~ *-ro.:., \ . Return by July 1, 2005 to: City of Shorewood, 5755 COllntry Club Road, Shorewood, MN 55331 or fa.~: 952-474-0128 Or email commentsto:cityhall@ci.shorewood.mn.lls . . . . . . FEEDBACK FORM WEDGEWOOD DRIVE, MALLARD LANE AND TEAL CIRCLE POTENTIAL RECONSTRUCTION NAME ADDRESS PHONE I rt4 V-C> S ;- c. j. 6 .., "':.Ji?' ~~:.. '-t..l'K.l('.) 0 r . ."', ; ....:, ....'.,",.~,., .'_.,"j JUN f.!i (, i , ., '" , ,'" Comments: !2.o(.(cl/Lf(1 Y tv : ,t+ f1 Q)rn 1/}7 <?~11 ;. Wou I(.~ IV\L I Uc1t s (,l.,'~d+h ) w j, ((t1 - 'T 11 i~ II'h cP~e..s + J tD '';00+ ~ <l ..0 ... foot arran '1-ll~ a S,o)1t/ It ('\...- c? '.0 ..~f(:oT . fJ.;dle. , "Vl etfch side. o-t f-l-re o {JrO/l , J:~Q +h~ - po noT- LutJ III t "{U 0 PClY'~)1 j 'I s; jn-5 Return by July 1, 2005 to: City of Shorewood, 5755 Country Clllb Road, Shorewood, MN 55331 or fax: 952-474-0128 Or email commentsto:cityhall@ci.shorewood.mn.us WEDGEWOOD ROAD - MALLARD LANE - TEAL CIRCLE- PUBLIC INFORMATION MEETING .' COMMENT SHEET June 9, 2005 JUN 2 g 2005 ~RES~~~-bYQIlJ~tr~o~~ :~ PHONE -. . . . . " O"'l.'._. /."{.:::; .:...., ?!;; ;~" ~ /.((i ~ /1.'::.... ~ ."....~,;'.,. ,fl.;t:" ~ , ':--.J ,.I~ " '5 i:;:;". ! ril '-' ""''M ,..&..;' U~'" ~"' f ~ ~'-'-" C;; t---4 -~....l U ~ <C!;) ~Z I~ ril~ Z~~ j~r.l e~fi1~ ~~rno <~E--c~ ~~Z~ ~O~] I r.c 0 OZU <~ 08 ~~ o~ o is: o ~ ~ o ~ .. e ',. .,"",. ....,. '''o,.~_'_ \,J,} '\l !Q~ ~ "- ~ ~ : ~) ''>) ~ ~ ~': ~~ \ ~() ''4') ~ ~~I ~'!f)(' . CIl CIl ~~~ ~~o <Q= z<~ ~ t:"- ('\ '\ ~ V\ " ~ ~, . :e . e ~- :" -.... : "-, .. " \ '\ .','<"1 , - i' \ " JUL 2 1 2003 MaDa<d Lane, Teal CI:::::"'::: Drive !mP<o.L::ts -. - . - '-, Open Bouse - July 23~ 2003 !----"---,.--,.~-.,'--'--.- 5:30 - 7:00 P.M. , Shorewood City H~l 575! Country Club Road NAME Jc+i t'\ / PA'" A -etv Sf ADDRESS ~to 1'eC\{ ()r 'PHONE - .. - E-MAJL ~ornm~nts JUt Pl'oiect Desi~ :l' J. ~ p;:~~~~:;?~Z;~lre tOA~-W-OO~ ~ LIMru..! It ~:::: d 11'Ut7' ~:3-1 "'~ . ~i').~ Of r ea.l Gvel'-l- .----,. b-L~~ ~ ,.' , Comments RelSRl"dimr Municipal WAter: . ~l. \Noul d ~ ffrrl"" ' -the. \ ~~01,'~ ,6b 0.. fA.,o:tM" t I)\)J ~~ 10Y\~ rJAr ~ft.V1J l~ d ~ c1l'*'~tN\ . Comments on Proeess/Timine: -k-~^'-u . ~~j;t V1\k w.-p-J;~ ~ ~!M~~'1Jh; ~)t:;;;~-:~ r=.A'.u I~ '-l~~ ~ t4f UO ~ 1 JrtrtI . .-. . . . . , . ,. _~.. ~_,_'::':':"":"'....:..J.-.~':'-'..~. ...-.-- WEDGEWOOD ROAD - MALLARD LANE - TEAL CIRCLE ~LIC INEORMATION MEETING. COMMENTSBEET June 9, 2005 ~~IJ~5CIll0~-1 rHONE . . - ," , Comments on Proiect Alternati"es! =/. SlJ./fP/Jrl: "afJrtrn tJ. t 2. Su.o~ ~ IJI~ I , , / .~ ~rd' a.J1'1 w rHb . - U 07 2- 8 'j ~ ~..,. ~I ~7 s,qllet.. ~'! -frfll ! j: Siiffd?-f ~2-;~ ~I Grci~ y Ii. ?e:J lfe<7; tt-e-~~ :b~9-1h1] ,t:. ' .' :"r.. . I ,I .; l~:' :~! . . ~;;. ,'", .:'l ~ 'r .:~ .' " , . '" ~.: . : .~': :];:' .' '. ., ;~ :" I" -. '1lI. " . .~ ,~\'" ;Fii'Jii: \ . . '" , . ~ ':'~" .'. :,:. "'!";':. -. ;...... :: ". . :'.. '.r~' . ~;:~. ;.; ~ .~:; .f: /~.; '.~ .; <: :,... .. .::~';~. .....:. :~~'.;: '..' t.. "'f' ' . .'r.-' '.. "~'''''' '~l"; .......tli, ~ 4l~!~' ."....,. ..... '(",:' . :::I!:;~':"'~;"'" .\., .....:..: ~~' .,...... t!. ...', ',:!' ., ,':, . ...... . .. . .:":~",~.. ....., .';: ty 'I .... ,:" --'\ t I d5 sIB +ra I n eel not-...fa pl~ vf1 CO . . . . . ~n..IJ.t'S ~ 'TftPW "t (fU> ~ -S S'a1 . ft ~I1.pro14 VYLD rro J.4tTJ7J/q ~ uvnw ~ 'YffOV or 1;.1lry, ......,pp. fSo~ $! ':J..I ~J ~;[1 · t; VHLO? P VOVJ "n n \.U 00 j, . l.. ~t)\.J.J or d.a.r"'f?'OJq '-P nw OO~ '( . page I ot 1 -Larry Brown 4[: Subject: "Shorewood City Hall" <cityhall@ci.shorewood.mn.us> "Larry Brown" <Lbrown@ci.shorewood.mn.us> Monday, July 11, 2005 2:33 PM FW: Feedback -potential reconstruction of Wedgewood Dr, Mallard Ln,and Teal Circle ,..-.,-.,"",.,.,....,...,"'.,..".,."..".,..,.-,.,...-.--.._......-~---..--.- From: Sochko, Greg [mailto:Greg.Sochko@newline.com] Sent: Monday, July 11, 2005 11:38 AM To: cityhall@ci.shorewood,mn.us Cc: Lisa Sochko (E-mail) Subject: Feedback -potential reconstruction of Wedgewood Dr, Mallard Ln, and Teal Circle Hi: .nk you for the public information meeting of June 9 to explain the potential road project. After the meeting,we requested Larry come and visit us to explain in greater detail the potential impact of this project on our property........he came out on June 24 a e greatly appreciated is time and input. As a result of this, our feedback is as follows: There are far too many "unknowns" at this point to be able to say we would support this project. Clearly a new road at no assessment as outlined could be potentially appealing.....in such case we would prefer the curb and gutter over the ditch, but would I the road kept as narrow as possible.......we would favor posted "no parking", but I'm pretty certain we would be of minority on. However, we would NOT want the utility pole to move closer to our house, or have our treeline and lot impacted by the ect........Mr. Brown was very gracious in his assessment of the potential impact of the project to our site, but could NOT offer an\ certainties that our property would not be encroached upon or that the utility pole might not move.........he felt pretty certain that the' power lines would not be buried as part of this project. This is a significant issue for us, as we currently have a minimum size lot in Shorewood and would not want to see this change. As a subset, the issue of city water was discussed given that the road reconstruction would take place...........we would have potential interest in city water, but again, need greater clarification on exact assessed costs in order to proceed. . Given current information, we would prefer to simply have the potholes filled. We would appreciate if you would confirm reciept of our feedback. Sincerely, Greg & Lisa Sochko 5600 Wedgewood Drive Shorewood MN 55331 . 7/24/200 t.age lor:? Larry Brown Sent: Subject: "Shorewood City Hall" <cityhall@ci.shorewood.mn.us> "Larry Brown" <Lbrown@ci.shorewood.mn.us>; "'Christine Lizee'" <cgordonlizee@mchsi.com>; IIILaura TUrgeon. (Laura Turgeon)'" <Irturgeon@visi.com>; '''Martin Wellens'" <m.wellens@mchsLcom>; "'PaulaCallieslll <pac@ehsmp.com>; '''Woody Love'" <woodylove@mchsLcom>; '''Woody2Love (Woody2 Love)lII <wlove@cbburnet.com> Friday, July 08, 20057:34 AM FW: Potential reconstruction of Wedgewood, Mallard and Teal From: To: From: Vicki.Stromberg@fsi-intl.com [mailto :Vicki.Stromberg@fsi-intl.com] Sent: Thursday, July 07, 2005 4:00 PM To: cityhall@ci.shorewood.mn.us Subject: Potential reconstruction of Wedgewood, Mallard and Teal From: Vicki Stromberg 5510 Wedgewood Drive Shorewood, MN 55331 . Dear Larry Brown and City Council, I apologize that my comments are coming after July 1 st. I hope they will still be considered at the July 11 Council Meeting. . Concerning the roadway rehabilitation: Alternative 2 with curbs looks and sounds like the best solution - but it also sounds more costly. What is the price of both solutions? Is the difference worth it? As for widening Wedgewood Drive, I'm afraid that might encourage more people to drive even faster than they already do on the street. Would there be something else that could be done to slow people down? . Concerning the installation of municipal water: When city water was proposed before one of the city elections several years ago, we were told that the city water would NOT be any better than the water that comes from our wells. We heard from some people that now its claimed that the city water would be better. Which is true? I certainly don't want to spend $10,000 on water that isn't any better than we already have. 1 appreciate the efforts to improve our neighborhood but I have to be conscience of the cost, as a paycheck only goes so far. Thank you very much, Vicki Stromberg . Vicki L. Stromberg FSllnternational, Inc. _.~,-~....-_.. 7/24/200 page 1 ot;J Larry Brown From: To: Sent: Subject: "8horewood City Hall" <cityhall@cLshorewood.mn.us> "Larry Brown" <Lbrown@cLshorewood.mn.us> Monday, June 27, 2005 1 :39 PM FW: Wedgewood Drive . ___,,_~_____'_______-'-____""M__'_____"_'_"__"'''__''_.M.."....~ From: JBrisley@aol.com [mailto:JBrisley@aol.com] Sent: Monday, June 27,20058:27 AM To: cityhall@ci.shorewood.mn.us Subject: Wedgewood Drive To whom it may concern: Regarding the proposals to reconstruct Wedgewood Drive. I support the resurfacing of Wedgewood Drive and I would be interested in hooking up to city water services if it were to be in. stalled at the time of resurfacing. However, I am not going to sign a petition that waives my right to object to the cost of su~ project. . I am not in favor of widening the road, ditches, or edging. I believe Widening the road will embolden drivers to go faster than they all ready do which is routinely above the speed limit. The edging will further erode the sense of a semi-rural atmosphere that is quickly disappearing. I agree that specific areas of Wedgewood Drive would be improved with a wider road and edging to channel drainage, but not all of Wedgewood Drive. Thank you for soliciting input before deciding on a course of action. That effort is greatly appreciated. Regards, . James Brisley 5650 Wedgewood Drive Shorewood, MN 55331 . . 7/24/200: PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota ,2005 . To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: (ADDRESS): 5435 Wedgewood Drive hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALLATION OF MUNICPAL WATER EACH OWNER FURTHER AGREES, in consideration of the City action at our . request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard . to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name.of Owner Description of Property . 1. Note: This is to certify that the owners of the property listed above, Scott Okey, have filed with the City Clerk an original petition form. This copy is used here to note the action taken, as the original was not available at the time of publication of the City Council Report. 2, Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. . Craig Dawson, City Clerk . . . . . City of Shorewood State of Minnesota PETITION FOR LOCAL IMPROVEMENT J;;/~, i.~' ,2005 JU1\l2 P' '.S To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property desc1b~~.,~s;~\r.~ '. '. (ADDRE2f,g t...)ed~mj Pm:", c.-..........__:. ... ~~DI'Pl:iJ:.l~. ,1~ A/ 53>-,]3 J hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALLATION OF MUNICPAL WATER ',' ,r:.". ......-.........."..:..J EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable aooortionment of th~ costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity' with regard to the making of the improvement or assessment of the cost thereof; waives any claim' that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. 1. Date Signature of Owner Print Name of Owner (J!:p~ JLPJk,J 7~ L ;kJeJ t~~)1 ~'? TJ R. ~ Description of Property /7' 1 f"~ / ;:;"lft M~ m;/dR~= , ,. It If 2. 3. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk Return Oril!inal bv Julv 1 to: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331. Note: A drop box is located to the left of the front door of City hall for your convenience. PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota ,2005 JUL . 6 2005 To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: (ADDRESS):5"fI;t5' tI1 ~ d ri ~l.J)oO f1r hereby, petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALLATION OF MUNICPAL WATER EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as. may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim . that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name of Owner Description of Property ttJd~ tJIj KtfaE'L - 1. it- 2. 3. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk . Return Oril!inal bv Julv 1 to: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331. Note: A drop box is located to the left of the front door of City hall for your convenience. Date . ;.6~ 1. 2. 'It 1 3. . . . . PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota l p' i -? e:- ~~i'';:<:'' L,/ , 20(fS"""'"-.:;....., I j~\ri~~;~::::..~~;.l~j.':;;;{~;:~:::i! "'-'~"-",' I JUN 2 8 2 r To the City Council of Shorewood, Minnesota: /" aOS I WE THE UNDERSIGNED OWNERS of the real property described.:iE\~.:.~ir::~!+:-F""t'..." . J (ADDRESS) '.', ,....._...:~,,~::.::; %i't/\~>,\"" ' :. ""'.,..;,;'J S1(~ d /J'f1f~ 4< J. (,)J-,,~~ ( /7t/'" c""S"1 3 ( hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALLATION OF MUNICPAL WATER EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY W AlVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Signature of Owner ~ Print Name of Owner Description of Property /~L' "f' "...... ' " ".,'" ~ ,.. . -. ,:... .",r-" ,'. ,.i \' L~ . ~,v.6<<.ft Q. 6'WJ,NS 0 (/ /ve~{ //~ ./:.0',):. ~, . . CV ~ (/,-?j,r~ ~ 5reA/.i-o- -'I: ~~ / Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk Return Orieinal by July 1 to: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331. Note: A drop box is located to the left of the front door of City hall for your convenience. PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota 6,- ",.,-.... /.,) ,2005 . To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: (ADDRESS): /~.. ~~ ' /- s Cf7S- J" & r(2....<.. ~)uJve tV t7'lJV: /IJ /4../, ~ :3 :5 ( hearty petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALLATION OF MUNICPAL WATER . EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. . OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name of Owner Description of Property . 1. .- r; r !...!- ~. ~, ;"]1..-- qJ I r .' . ,/" c: ~~ ~(;: ;3 t.. 'a I) /I jJ{)Al '7 "'s~1e.... /;(/~~ 2. 6" I {,- f / /I-ff: '~"Ut.",eiIC-1 " rtt!f!./l1l"'. :z../It'/, if , d I f.JO/lf J ("~~.\ I i 3. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. . Craig Dawson, City Clerk .. '.. !"..J..:::.~:,'.'.:.:.~..;:!::.!.:::.:.=-~=.:..:...r~..:-.. ........;..-_... ... . -.........-.. .... . ~f"\. La rr VI 15roW 1'"\ r v · I PETITION FOR LOCAL IMPROVEMENT .' A City of Shorewood 6!f() Sta.te of Minnesota _, 2005 To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: (ADDRESS~~O -:fn I D rclJ- . hearty petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALLATION OF It(UNICPAL WATER . EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-.described improvem.ent, to pay such sums as may be determined by the City to be a fair and reasona.ble apportionment of the costs of said improvement. . OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives my claim that the amount thereof levied against ownerls property is excessive; and waives all rights of appeal in the courts. I. ~1~CZ:l;1 =~f:-~;pn;;~{ CY 2. ,( ~ 3:oJ/1I /If?1ftL " 3. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. . Craig Da.wson, City Clerk City of Shorewood State of Minnesota PETITION FOR LOCAL IMPROVE:MENT ....-.- ':Ju.ve. 16 , 200p"'< '", . To the City Council of Shorewood, Minnesota: i JUN 1 tJ 2005 WE THE UNDERSIGNED OWNERS of the real property describe@.~~~E'!'" (ADDRESS): ' . .:)-9 .5-~" /&/7 t..... [= I L C- LIE. SJlo ~e to (.?CJcf /7) ILl ..s-s 3 S ; hearty petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALlATION OF MUNICPAL WATER . EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause constlUction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. . OWNER EXPRESSLY W AlVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name of Owner Description of Property . 1J;/tFS.A ~ .,Je-u~~ .eI&>S~AP./;) . 1. --- 0'9Ts-7 eA L('/~C'~ - 2. 3. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. . Craig Dawson, City Clerk .. ~1li . . . . . City of Shorewood State of Minnesota PETITION FOR LOCAL IMPROVEMENT June ~ ,2005 r~".., l ."".-,.. To the City Council of Shorewood, Minnesota: l JUL WE THE UNDERSIGNED OWNERS of the real property describe;~.~~: (ADDRESS): C:,Jf ~., .5b1o ~r-di~ A:tn.tt Sho-(evJDod I ;-1, nt1.e~'bv hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: INSTALLATION OF MUNICPAL WATER EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity willi regard to the making of the improvement or assessment of the cost thereof; waives any claim thatthe amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name of Owner Description of Property '... "- ! 2005 ! ..}/:; C:, ";,""" / ~ ""'t. ",:,~".:~- ,~:~'.'~'i' '\}:r\ .,.... i ">""..~J 1. (.J~O)"'5 ~;<~ L'dtlwg-D.~anI ~~~~~'Jfr;l~ . 2, t,p.~5 ~f-~~lkthtJe Jf,~~ ~::d~ ;::~~7::feS 3. Examined, checked, and found to be in proper form and to be signed by the owners ofthe above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk Return Oriltinal bv Julv 1 to: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331. Note: A drop box is located to the left of the front door of City hall for your convenience. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: Mayor and City Council of the City of Shorewood Mayor and City Council of the City of Tonka Bay Craig Dawson, City Administrator Sara Irvine, City of Tonk a Bay Dan Allamars, Project Manager for Hennepin County Larry Brown, Director of Public Works Jl:,fl/ July 23, 2005 / TO: . FROM: RE: Approval of Supplemental Agreement 3 - County Road 19 Intersection Improvement Project S.A.P. 27-619-18; S.A.P. 216-020-02; . On the 22nd day of November, 2004, Eureka Construction Inc. was awarded the contract for the reconstruction of the County Road 19 Intersection Improvement Project. Hennepin County, the City of Shorewood, and the City of Tonka Bay have executed a cooperative agreement for this subject project. The City of Shorewood is serving as the lead agency for administration of the contract. . Typically, municipalities administrate changes to a construction contract via means of change orders. In contrast, Hennepin County and the Minnesota Department of Transportation State Aid Office have modified the method for additions to a construction contract. A "Supplemental Agreement" is utilized for every addition, versus a "Change Order." To ease communication and the record keeping between agencies, the supplemental agreement system will be utilized here. Under this system, a change required to the contract is brought to the City of Shorewood, as the lead agency. If the item requires an immediate decision, to avoid construction delay costs or is minor in nature, Larry Brown will review the item with representatives of each affected agency, and provide direction accordingly. As follow up, a supplemental agreement is initiated. Each agency must then commence the approval process for the supplemental agreement. . As these agreements become more complicated, the timeline for approval for each agreement becomes exponentially longer. Costs and impacts to construction are negotiated and reviewed for impacts to timeline. Often times, the contractor has completed the work months prior to a supplemental agreement being fully executed by each agency. As one can imagine, this often becomes a large #. '...1 PRINTEO ON RECYCLED PAPER #ID8. . . . . . , Mayor and City Councils of the City of Shorewood and Tonka Bay County Road 19 Supplemental Agreement 3 July 23, 2005 Page 2 of 4 financial cost to the contractor. Therefore, supplemental agreements are not necessarily processed in order. As a supplemental agreement becomes available for approval, it is forwarded to each agency for consideration. While processing these agreements out of sequence makes record keeping a challenge, it is an effort to reduce the time to make payment to the contractor for work already completed. Attached to this memorandum is Supplemental Agreement 3. This agreement addresses the following issues: . Changes to the Signal System . Changes to the Electrical Lighting Service Cabinet A summary of each item and a cost distribution for each agency is provided below. Changes to the Signal System This provision requires the contractor to revise the length and type of the mast arm of one of the signal poles to avoid impacting a major Qwest fiber optic conduit that traverses the intersection. In addition, the contractor is to directional bore signal conduits diagonally across the existing intersection, versus conventional excavation. The design documents adequately denote the location of a "high profile" Qwest fiber optic conduit within close proximity to a foundation of one of the main signal poles. Providing locations of utilities is more art than science. Locations that are often painted on the ground are "a good approximation" of the location of a utility. Industry standards dictate that if a precise utility location is required, that excavation be performed to expose the utility and verify its exact location. Excavation to verify this fiber optic duct had to wait until the staging of traffic permitted this to occur. Once the precise location of the duct was completed, it was determined that the foundation of one of the signal poles was to be shifted, to insure adequate safety clearances from the duct versus the foundation of the signal pole. This is necessary, as excavation for the signal foundations is completed by use of a large auger. With documented location of other major utilities in the area, it was determined that the only remaining space for this signal foundation required that the mast arm of the pole be extended ten feet. In addition, Staff has reviewed the staging and traffic control plans and determined that installation of a few of the major signal conduits that control the signal systems should be installed by means of directional boring, versus conventional trenching. This alternative means of installation of these conduits results in a very significant decrease in traffic delays and the necessary rerouting of traffic during construction. A summary of these items is provided in Table 1 below. . . . . . Mayor and City Councils of the City of Shorewood and Tonka Bay County Road 19 Supplemental Agreement 3 July 23, 2005 Page 3 of 4 Description Total Amount to Amount to Amount to Amount to Increase or Hennepin Shorewood Shorewood Tonka Bay (Decrease) Countv (State Aid) (Local) (Local) Changes to the Signal $ 4,902.70 $ 3,284.81 $ 1,617.89 $ 0.00 $ 0.00 System and Conduits Table 1 Changes to the Electrical Lighting Service Cabinet The supplemental agreement, as drafted, is misleading as to the reason for the changes to the lighting service cabinet. There are three large cabinets that are to be placed on the southeast quadrant of the County Road 19 intersection. A signal control cabinet, a lighting cabinet, and a transformer for Xcel Energy. Staff has spent a considerable amount of time to locate these cabinets so that they meet the sight distance requirements, meet each agency's requirements for maintenance and operations, and be "aesthetically friendly" as any cabinet can be. The intersection is not only the focal point of the project from a traffic and streetscape viewpoint, but has developed over the years as a major intersection for just about every utility imaginable. Therefore, trying to manage placement of the necessary service cabinets has become a sizeable task. As the details for electrical distribution were reviewed, it was determined that the number of electrical meters and boxes at the intersection was multiplying. Staff reviewed the cabinet locations and types with each utility. It was determined that if the lighting cabinet for the street light system was increased in size, that electrical meter sockets and equipment could be housed inside the lighting cabinet, versus having additional utility boxes hanging off the side of the already growing number of cabinets. In turn, this provided an opportunity to make the cabinets consistent is size and type. Description Total Increase or (Decrease) $ 828.58 Amount to Hennepin Countv $ 414.29 Amount to Shorewood (State Aid) $ 414.29 Amount to Shorewood (Local) $ 0.00 Amount to Tonka Bay (Local) $ 0.00 Changes to Lighting Service Cabinet Table 2 . Mayor and City Councils of the City of Shorewood and Tonka Bay County Road 19 Supplemental Agreement 3 July 23, 2005 Page 4 of 4 . Summary of Supplemental Agreement 3 Table 3 indicates the total impact of Supplemental Agreement 3. Description Total Increase or (Decrease) $ 5,731.28 Amount to Hennepin County $ 3,699.10 Amount to Shorewood (State Aid) $ 2,032.18 Amount to Shorewood (Local) $ 0.00 Amount to Tonka Bay (Local) $ 0.00 Supplemental Agreement 3 Table 3 . A complete contract summary that reflects the impacts of Supplemental Agreement 3 has been included as Attachment 2 of this memorandum for the City Councils' review. Recommendation Staff is recommending approval of the Resolution that adopts Supplemental Agreement 3 for the . County Road 19 Intersection Improvement Project. A resolution is attached for your consideration. . . . . . SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY TRANSPORT ATION DEPARTMENT CONSTRUCTION DIVISION SUPPLEMENTAL AGREEMENT NO. 03 CONTRACT NO. 9821 COUNTY PROJECT NO. 9821 S.A.P. 27-619-18 COUNTY STATE AID HIGHWAY 19 LOCATION: CSAH 19 intersection with Smithtown Rd. CLASS OF WORK: Grading, Surfacing, Storm Sewer, Sanitary Sewer, Watermain, Signal, Signing, and Appurtenant Work. CONTRACTOR: Eureka Construction Inc. 8500 210th St. W. Suite 130 Lakeville, MN 55044 This contract is amended as follows: WHEREAS: This contract provides for, among other things, grading, surfacing, storm sewer, sanitary sewer, watermain, signal system, signing, and appurtenant work, and, WHEREAS: An existing Qwest concrete conduit is located where the signal pole is proposed to be placed near the intersection ofCSAH 19 and Smithtown Road, and WHEREAS: In order to avoid this conflict, the signal pole will be moved back from the road, and . WHEREAS: . In order to maintain the proper position of the signals, the mast arm will need to be lengthened 10 feet, and WHEREAS: The lighting and controller cabinets do not match and, WHEREAS: In order to maintain uniformity between control cabinets, the street lighting cabinet size is to be increased to fit the meter socket inside to match the controller cabinet, and WHEREAS: In order to maintain traffic and energize the new signal system for Stage 3 traffic control. The proposed 4-inch rigid steel conduit needs to be pushed under CSAH 19 as opposed to open excavating, and WHEREAS: The additional cost associated with the lengthening ofthe mast arm, revising the street lighting cabinet, and pushing of the 4-inch rigid steel cannot be covered with the existing bid items, and 1 Attachment 1 County Road 19 Reconstruction Supplemental Agreement 3 . . . . . SUPPLEMENTAL AGREEMENT NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. The Contractor shall provide a 45 foot (as opposed to 35 foot) long mast arm and signal pole and foundation capable of supporting the longer arm per MnDOT Spec. 2565 and as directed by the Engineer. 2. The Contractor shall provide and install the revised street lighting service cabinet as detailed in revised shop drawings to match the same dimensions as the signal cabinet. 3. The Contractor shall push the plan 4-inch rigid steel conduit under CSAH 19 to avoid traffic disruption. 4. The contractor shall supply all labor, materials, and equipment necessary to complete this work at the negotiated unit price shown in the Estimate of Cost below, which includes the 10% prime contractor markup. 5. The work perfonned will be measured and payment made in accordance with the units of measurement as shown in the Estimate of Cost which shall be compensation in full for all costs incidental thereto. f)1P..f:r.-r The contractor shall not make claim of any kind or character whatsoever for any othelcosts or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement.fl.tE 4>.,J,..'.2.Il.c;.T"~ RF-l>e.e....1El; T'l-tG Ri.....I-'\T'i".o ~JAj,."Are A".Ji:> P'~~""'.E. i.r: ''''<ii:~_os;,~'(,4.....1' .....P.,1.e..::.T Co~r", c(.~ 1.""lP.f.4:.'I"'S R..;:~''''''-'T,'''(#' F.4c,.1l.A 'T\.i,;s.. C",...ar/2.i.GT GI~c;,.C:$, wj.t......... jV\A.... N01" 8"- ~;:A'" 'ZED A....n...~ n.-vI~ c': .:St(",...'i...."''17~.s. A.~6....~. The contract time will not be revised except as may be provided under the contract provisions of Mn/DOT specification 1806; 1906 does not apply. 6. rA'1" 7. ESTIMATE OF COST 2000 Specifications Total Increase Group No.3 ITEM NO. ITEM 2545.601/00300 Service Cabinet Modifications $5.731.28 UNIT QUAN. Lump Sum 1 UNIT PRICE $828.58 AMOUNT $828.58 TOTAL $828.58 Cost Distribution: C.P. 9821 == 50% R.E.P.P. Hennepin County S.A.P. 216-020-02 == 50% Shorewood Group No.1 and 6 ITEM NO. ITEM UNIT QUAN. UNIT PRICE AMOUNT 1 $4,902.70 $4.902.70 $4,902.70 2565.601/01000 Signal System Modifications Sys TOTAL Cost Distribution: S.A.P. 27-619-18 == 67% Hennepin County (Group No.1) S.A.P. 216-101-02 == 33% Shorewood (Group No.6) 2 F:\WPWINlJ388-0/ISUPPLEMENTAL AGREEMENTS\SA 3.doe " . . . . . SUPPLEMENTAL AGREEMENT Contractor, having signed this contract, and the County having duly approved this contract on , 2005, pursuant to such approval and the proper County official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF MINNESOTA Approved as to form: Approved: By: Assistant County Attorney By: Assistant County Administrator, Public Works Date: Recommended for approval: Approved as to execution: By: By: Assistant County Attorney Director, Transportation Department and co~neer By: IIiJL 11/ 4fii) ~/~ Project Engineer Date: CITY OF SHOREWOOD By: City of Shorewood Engineer STATE OF MINNESOTA EUREKA CONSTRUCTION INC. DEPARTMENTOFTRANSPORTATION By: ~&PJG:~ For Funding Approval Only: Its: PR OJec..-. MA.r.)A~ By: Metro District State-Aid Engineer Date: And: Its: EUREKA CONSTRUCTION INC. STATE OF MINNESOTA ) ) SSe COUNTY OF DAKOTA ) This foregoing instrument was acknowledged before me on -r I! 8 -.J 0..~ i , 2005 p " AA by fYh ++ 7hofYlpS6y\ as (0,/'.( f- f r ~j' ( of f L-L-{ (! k-lA. tvn<;tfk(~6Y\ The... and by --- as -) Notary Public qu...-,;L rCl~1tr!.~ My commission e~pires: .. ~ /..LtL('f .3 i, ;) 0 I (J - ~F'>:'''?:0i>.~~ :) JEAN M. PANCHYSHYN ~ ;;~ NOTARY PUBLIC.. MINNESOTA ~;; My Commission Expires Jan. 31,2010 , :,,~1 - 3 F:IWPWIN\/388-0/ISUPPLEMENTAL AGREEMENTS\SA 3.doe . County Roa. Intersection Re.ruction proje.ost Summary . Original Contract Amount $ 3,566,322.45 Revised Contract Amount as of 7-23-05 $ 3,568,739.38 Original Revised Total Construction Supplemetal Supplemetal Contract Amount of Funding Source Amount Agreement 3 Agreement 4 Amount Change Hennepin County State Aid Roadway S.A.P.27-619-18 $ 2,087,307.10 $ 3,284.81 $ (4,235.70) $ 2,086,356.21 $ (950.89) Hennepin County State Aid Streetscape S.A.P.27-619-18 $ 118,980.50 $ 118,980.50 $ Hennepin County State Aid Stormwater $ 153,662.05 $ 153,662.05 $ Subtotal Hennepin County State Aid $ 2,359,949.65 $ 3,284.81 $ (4,235.70) $ 2,358,998.76 $ (950.89) Hennepin County Local Funds REEP Program County Local Funds $ 57,938.22 $ 414.29 $ 58,352.51 $ 414.29 Subtotal Hennepin County Local Funds $ 57,938.22 $ 414.29 $ 58,352.51 $ 414.29 Total Construction Contract Costs Hennepin County $ 2,417,887.87 $ 3,699.10 $ 2,417,351.27 $ (536.60) City of Shorewood State Aid CR 19 S.A.P.216-020-02 $ 331,741.20 921.35 $ 332,662.55 $ 921.35 City of Shorewood State Aid Streetscape S.A.P.216-020-02 $ 65,982.33 $ 414.29 $ 66,396.62 $ 414.29 City of Shore wood State Aid Smithtown Rd. SAP. 216-101-02 $ 204,176.80 $ 1,617.89 $ 205,794.69 $ 1,617.89 City of Shore wood State Aid Country Club Rd. S.A.P.216-108-01 $ 99,298.30 $ 99,298.30 $ City of Shorewood State Aid Stormwater S.A.P.216-020-02 $ 191,951.61 $ 191,951.61 $ City of Shorewood State Aid Stormwater S.A.P.216-101-02 $ 61,464.82 $ 61,464.82 $ City of Shorewood State Aid Stormwater S.A.P.216-108-01 $ 29,724.79 $ 29,724.79 $ Subtotal City of Shorewood State Aid $ 984,339.85 $ 2,032.18 $ 921.35 $ 987,293.38 $ 2,953.53 City of Shorewood Local Road Funds Local Road $ 50,910.00 $ 50,910.00 $ Subtotal City of Shorewood Local Road Funds $ 50,910.00 $ $ 50,910.00 $ Total Construction Contract Costs City of Shorewood $ 1,035,249.85 $ 2,032.18 $ 921.35 $ 1,038,203.38 $ 2,953.53 Cl'tY City of Tonka Bay Local Funds Local Road $ 46,178.00 $ 46,178.00 $ City of Tonka Bay Stormwater $ 67,006.73 $ 67,006.73 $ Total Construction Contract Costs City of Tonka Bay $ 113,184.73 $ $ $ 113,184.73 $ Total $ 3,566,322.45 $ 5,731.28 $ (3,314.35) $ 3,568,739.38 $ 2,416.93 Attachment 2 County Road 19 Reconstruction Project Cost Summary .. . . . . . CITY OF SHOREWOOD RESOLUTION NO. OS-_ A RESOLUTION APPROVING A SUPPLEMENTAL AGREEEMNT 3 FOR THE COUNTY ROAD 19 INTERSECTION RECONSTRUCTION PROJECT, S.A.P. 216-101-02; S.A.P. 27-619-18 WHEREAS, on November 22, 2004, the City of Shorewood entered into a contract for construction with Eureka Construction, Inc. for the County Road 19 Intersection Improvement Project, City Project No. 99-21; and WHEREAS, WSB and Associates has prepared Supplemental Agreement 3 attached hereto as Exhibit A, for additional work outside of the original contract; and WHEREAS, the City Engineer has reviewed said Supplemental Agreement 3 and found it to be necessary to complete the project. NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve Supplemental Agreement 3 with Eureka Construction, Inc., that incorporates services outlined in Supplemental Agreement 3, attached hereto as Exhibit A. ADOPTED by the City Council of the City of Shorewood this 25th day of July, 2005. VVoodyLove,~ayor Craig VV. Dawson, City Administrator CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM . TO: Mayor and City Council of the City of Shorewood Mayor and City Council of the City of Tonka Bay Craig Dawson, City Administrator Sara Irvine, City of Tonka Bay Dan Allamars, Project Manager for Hennepin County Larry Brown, Director of Public W orks ~ July 23, 2005 / FROM: DATE: RE: Approval of Supplemental Agreement 4 - County Road 19 Intersection Improvement Project S.A.P. 27-619-18; S.A.P. 216-101-02 . Attached to this memorandum is Supplemental Agreement 4 for the County Road 19 Intersection Improvement Project. This agreement addresses the following issues: . . Televising of sanitary sewer service 5660 Manitou Road (CR 19) Dimensions in Floors store. . Revisions to size and location of sanitary sewer service for 5660 Manitou Road (CR 19) Dimensions in Floors store. Televising of sanitary sewer service 5660 Manitou Road (CR 19) Dimensions in Floors store. During installation of the underground utilities, property owners for Dimensions in Floors, located at 5660 Manitou Road complained of slow running drains and backups of their sanitary sewer service. Initially, it was thought that the installation of the new underground facilities may have crushed the service line for the subject property. Therefore, the contractor was directed by the City of Shorewood to obtain the. services of Infratech to televise and pinpoint the location of the existing service and document any damage to the pipe. . Infratech did televise the service and documented that the pipe had been damaged. However, it appears that the pipe was damaged as part of the installation of a directionally bored watermain that was installed as a City of Shorewood project in 1995. It is very likely that current construction activity precipitated the total failure of the service pipe that was inevitable by the initial damage. #" ~J PRINTED ON RECYCLED PAPER .# J6C. . . . . . . Mayor and City Councils of the City of Shorewood and Tonka Bay County Road 19 Supplemental Agreement 3 July 23, 2005 Page 2 of 3 Costs for televising the service are summarized below. Description Total Increase or (Decrease) $ 921.25 Amount to Hennepin Countv $ 0.00 Televising of Sanitary Sewer 5660 Maintou Road Table 1 Amount to Shorewood (State Aid) $ 921.25 Amount to Shorewood (Local) $ 0.00 Amount to Tonka Bay (Local) $ 0.00 Revisions to size and location of Sanitary Sewer Service 5660 Manitou Road Due to the vertical location of the various utilities within the right of way of Country Road 19, it was determined that the proposed sanitary sewer service for the subject property had to be reduced in size from a 6 inch diameter service to 4 inches. This reduction in diameter was necessary to make grade, and clear existing utilities vertically. Since this service line is installed by means of directional boring, the decrease in size is a cost savings to the project. Costs for the directional bore was programmed originally as a cost to Hennepin County since the relocation of the main was caused by the construction of the county roadway. In additon, the sanitary sewer service crosses the county right of way. Costs for this change are summarized below. Description Total Increase or (Decrease) $ (4,235.70) Amount to Hennepin County $ (4,235.70) Change in Size and Location of sewer service 5660 Maintou Road Table 2 Amount to Shorewood (State Aid) $ 0.00 Amount to Shorewood (Local) $ 0.00 Amount to Tonka Bay (Local) $ 0.00 . . . . . Mayor and City Councils of the City of Shorewood and Tonka Bay County Road 19 Supplemental Agreement 3 July 23, 2005 Page 3 of 4 Summary of Supplemental Agreement 4 Table 3 indicates the total impact of Supplemental Agreement 4. Description Total Increase or (Decrease) $ (3,314.45) Supplemental Agreement 4 Amount to Hennepin Countv $ (4,235.70) Table 3 Amount to Shorewood (State Aid) $ 921.25 Amount to Shorewood (Local) $ 0.00 Amount to Tonka Bay (Local) $ 0.00 A complete contract summary that reflects the impacts of Supplemental Agreement 4 has been included as Attachment 2 of this memorandum for the City Councils' review. Recommendation Staff is recommending approval of the Resolution that adopts Supplemental Agreement 4 for the County Road 19 Intersection Improvement Project. A resolution is attached for your consideration. . SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY TRANSPORTATION DEPARTMENT CONSTRUCTION DIVISION SUPPLEMENTAL AGREEMENT NO. 04 CONTRACT NO. 9821 COUNTY PROJECT NO. 9821 S.A.P. 27-619-18 COUNTY STATE AID HIGHWAY 19 LOCATION: On CSAH 19 in Shorewood & Tonka Bay CLASS OF WORK: Grading, Surfacing, Storm Sewer, Sanitary Sewer, Watermain, Signal, Signing, and Appurtenant Work. CONTRACTOR: Eureka Construction Inc. 8500 210th St. W. Suite 130 Lakeville, MN 55044 . This contract is amended as follows: . WHEREAS: This contract provides for, among other things, grading, surfacing, storm sewer, sanitary sewer, watermain, signal system, signing, and appurtenant work, and, WHEREAS: In order to meet the challenging slope requirements by avoiding crossing utilities, water main, and storm sewer, a directionally bored sanitary service needs to be installed and, . WHEREAS: The tight working conditions and the constructability of directional boring a 6-inch line, the City of Shorewood requested this line to be reduced to a 4-inch diameter line and, WHEREAS: At the direction of the City of Shore wood's Public Work's Director, televising of the existing sewer service needs to be performed to inspect the condition and find the location of the existing service line prior to replacement and, WHEREAS: This inspection identified existing damage and blockage in the line requiring temporary measures to relieve the buildup of sewage and, WHEREAS: The plans did not call for nor have bid items been established for the installation of a 4" sanitary sewer service-directionally bored, clean out, nor granular foundation and/or bedding and, . WHEREAS: The additional cost associated with handling the sanitary service backup and exploratory televising of the existing sewer service cannot be covered with the existing bid items, and 1 Attachment 1 County Road 19 Reconstruction Supplemental Agreement 4 . NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: . 6. ,......'.,... 7. . . . 1. The Contractor shall televise and locate the existing sanitary sewer service to the floor tile shop. 2. The Contractor shall excavate, install, and pump out a temporary sanitary sewer sump to provide temporary sewer service. 3. The Contractor shall directionally bore a 4-inch diameter sanitary service and utilize a 4-inch clean out in place of the planned 6-inch service. 4. The contractor shall supply all labor, materials, and equipment necessary to complete this work at the negotiated unit price shown in the Estimate of Cost below. 5. The work performed will be measured and payment made in accordance with the units of measurement as shown in the Estimate of Cost which shall be compensation in full for all costs incidental thereto. DI~(.,r The contractor shall not make claim of any kind or character whatsoever for any other"costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. ,.-...f: C:::ONr~.:>{.t ~S;E:R"'~s f..lt:~ ~1..o..t1'" 70 iEvAI..<.I,A.f'E ANa PoJi!""C u:: ,.J~6.S!OAIl."'J AN''/' ....H'..o:I,;"'T" <:;"-'5"1'"$ c.i:a j 1""1"'4"'1'"::> ~I,;S"'..'T'''''6- ~t-:c.lM 'T).f6.s.: C:oN1'/Z.A.:.-r ";,.o,A,...6-e~ _ Wt.{lo:;,... 1'4.0.... ;..;>,,(' 2,": l'it~~,.t.E"':) A'T 1'J.t~ -riMe.:>;: s.'U..>-'--'''' t1-l.s. .~e_E^,,'r, The contract time will not be revised except as may be provided under the contract provisions of MnlDOT specification 1806; 1906 does not apply. 2 F:\WPWIN\1388..01\SUPPLEMENT AL AGREEMENTSISA 4,doc . . . ESTIMATE OF COST 2000 Specifications ($ 3.314.45) TOTAL DECREASE Group No.1 Total Increase Item Number Item Unit Ouantitv Unit Price Amount 2503.601/00075 Excavation, Installation & Pumping Lump Sum 1 $513 .20 $513 .20 of Sanitary Sump 2451.609/00040 Granular Foundation and/or Bedding Ton 20 $25.00 $500.00 (1 Y2" Clear Rock) 2503.602/00060 4" Sanitary Sewer Cleanout Each 1 $250.00 $250.00 2503.603/05000 4"-inch HDPE Sanitary Sewer Lin Ft 170 $38.83 $6,601.10 Service (Directionally Bore) Subtotal Increase $7,864.30 . Total Decrease Item Number 2503.602/00064 2503.602/00068 2503.603/00052 Item 6" Sanitary Sewer C1eanout Core Drill Hole w/Boot 6" HDPE Sanitary Sewer Service Directionall Bore) Subtotal Decrease Unit Each Each Lin Ft Amount ($500) ($600) ($11,000) ($12,100) U nit Price $500 $600 100 -110 Total Net Decrease ($4,235.70) Cost Distribution: S.A.P. 27-619-18 = 100.00% Hennepin County Except as provided herein, all terms and conditions in said Contract thereto shall remain in full force and effect. Group No.4 Item Number 2503.601/00002 . Amount $921.25 $921..25 Unit Price $921.25 Cost Distribution: S.A.P. 216-020-02 = 100% City of Shore wood 3 F:\WPWIN\I388-01\SUPPLEMENTAL AGREEMENTS\SA 4,doc . . . . . SUPPLEMENTAL AGREEMENT Contractor, having signed this contract, and the County having duly approved this contract on , 2005, pursuant to such approval and the proper County official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF MINNESOTA Approved as to form and execution: By: Assistant County Attorney By: Manager, Construction Division Date: RECOMMENDED FOR APPROVAL: CITY OF SHOREWOOD BY:P~ Proj ect Engineer ?4~$ By: City of Shorewood Engineer STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION EUREKA CONSTRUCTION INC. By: ~~..e'~"" For Funding Approval Only: Its: .fa. <).j~1"' ~~A. By: And: Metro District State-Aid Engineer Its: Date: EUREKA CONSTRUCTION INC. STATE OF MINNESOTA ) ) SSe COUNTY OF DAKOTA) This foregoing instrument was acknowledged before me on J~ 8, , 2005 by fVla-H-1hb 1Yl/[)..i'cY\ as Pf/)Jf d 0J r and - of .tUft kti. ~rm sfruc -hf..1Yl II'\ ( - Notary Pu?li~ 9t~L-,'\. ~L~. . My commISSIon explfes: "Jti-.vLUtLvvl- 31 ;;(0 J () o ' JEAN M. PPd~Ci-1Y~::HVr\i . h!OTARY PUBliC - iVili'Ji'JESOiA My Commission Expires Jan. :)" ;:0';) 4 F:IWPWIN\1388-01ISUPPLEMENT AL AGREEMENTSISA 4 doc . \..' ....II...._.1T- ~'Io .. ".::' ~ , ~ " IJ1 ~j ! I CONSTRUCTION, INC. January 14, 2005 Hennepin County Highway Dept. 1600 Prairie Drive Medina, MN ~5340 Attn: Dan Allmaras, P .E. Pricing for Sanitary Sewer Televising CSAH19 and Smithtown Road Improvement Project City of Shore wood Project No. 97-08/ Eureka Project No. 133 . Dear Mr. Allmar~, Subject: On November 30, 2004 at the direction of the City and Hennepin County, Eureka retained the services of Infratech to locate and identify the location of an existing sanitary sewer service to the Floor Shop on the West side ofCSAH 19. The location of this facility was in question and was necessary to complete the design for this service. . Infratech's'findings were different from that anticipated in the City's design. In addition to the' different profile on the existing line, it was discovered that a watermain previously installed under a different contract had penetrated through the sanitary service line. Our Summary of Cost is as follows: Infratech Invoices (0402374 /0402387): Eureka Prime Contractor Mark-Up (10%): . Total: $ 837.50 $ 83.75 $ 921.25 Please review and contact me with any questions regarding the information above. Thank you. Sincerely, ~ ~4t~..,- Matt Thompson Project Manager Eureka Construction, Inc. Cc: File C _024 . 8500 210th St. W., Suite 130 · Lakeville, MN 55044 · 952-469-5685 · Fax: 952-469.5228 . fratech I rastructure Technologies, Inc. 1'040 Commerce Blvd. .' MN 55374-9341 fratechonline.com oice: (763) 428-6488 :IX: (763) 428-6489 Invoice Number: 0402374 Invoice Date: Nov 30,2004 Sold To: Eureka Construction 8500 210TH STREET WEST SUITE 130 LAKEVILLE, MN 55044 Ship To: r Customer ID Purchase Order Payment Terms Net 30 Days Sales Rep MNC Unit Price 165.0 Page 1 Extension 412.5 MIKE - VERBAL Description ERVICE LINE LOCATING AND TELEVISING ON 11130104- OCATION AT 19 AND SMITH TOWN RD, SHOREWOOD .1 . . . Subtotal Sales Tax Total Invoice Amount 412.50 $ 412.50 . Thank you! . Invoices with a balance 61 days or greater are subject to an 18% APR late fee with interest calculated from original date of invoice and compounded monthly. A 25% , collection fee will be added to the balance if professional services are required for recovery. ,fratech ~ Invoice Number: 0402387 'Bstructure Technologies, Inc. 040 Commerce Blvd. )__MN 55374-9341 l.ratechonline.com lice: (763) 428-6488 IX: (763) 428-6489 Invoice Date: Nov 30,2004 Sold To: Eureka Construction 8500 210TH STREET WEST SUITE 130 LAKEVILLE, MN 55044 Ship To: ,... Customer ID Purchase Order . Payment Terms Sales Rep Page __URE01 MATT Net 30 Days MNC 1 ntity Item Description Unit Price Extension 2.5C I'-OCATE SERVICE LINE FROM MANHOLE AT SHOREVIEW, MN 170.0C 425.00 '," . I , . , . . . (l.. " Subtotal 425.00 Sales Tax Total Invoice Amount $ 425.00 . Thank you! Invoices with a balance 61 days or greater are subject to an 18% APR late fee with interest calculated from original date of invoice and compounded monthly. A 25% c;ollection fee will be added to the balance if professional services are required for recovery. . COP'tj May 9, 2005 WSB & Associates, Inc. 701 Xenia Ave. S. Suite 300 Minneapolis, MN 55416 Attn: Don Sterna, P. E. . Subject: Proposal For 1-1/2" Clear Rock . CSAH19 and Smithtown Road Improvement Project City of Shorewood Project No. 97-08 I Eureka Project No. 133 Dear Mr. Sterna, . The following is Eureka's proposal to furnish and install 1-1/2" Clear Rock as necessary and as determined in the field for the above referenced project: 1-1/2" Clear Rock: $25.00 I Ton Please review and contact me with any questions regarding this proposal. Thank you. . Sincerely, ~~ Matt Thompson Eureka Construction, Inc. Cc: File C_039 . )~'i~::\':1;}' ~~st~';~;)I~:".J~;'~;:;f,0i 8500 210th St. W., Suite 130 · Lakeville, MN 55044 .952-4~j5.~.~ijL"\'::;":- ;'~:'i'''''",;,: .':';~~r;. ~~:j;.~f;:;~~~~;~ . ..I:_..::/~~:.} . . . . STATE OF MINNESOTA - DEPARTMENT OF TRANSPORTATION SUMMARY OF DAILY FORCE ACCOUNT 4 IWORKORDERN~ Contract No. q7 - 0 9 . MnIOOTTP-21659 (1-93) SUPPLEMENTAL AGREEMENT No. SAP &P.No. Z.I6- 010- oz FedProj.No. For Period from 19_ to 19_ Sta. to: Sheet ~of.l- Contractor/Sub. E~~..:A CO"'s-ra.,,<-.....~, I~"'. Engineer W~g ~ ASSQ'" , I~G.. -r12./~. LaGE:'!" VAc.AT'ION LABOR MATERIAL EQUIPMENT RENTAL # .rMc. Poslrio.TItIe H..... hylla.c AaoUBI No. JCIad of MarcriaJ IlaIC A....UBI No. Dcscrlpli.. ToralHoan IlaIC ","01lDl I Fo~EMA"" 3.5 'Z'l U. 10,,# ~ 1 #-l'''Ac.~. ;! X 330 /.S' 103 rJ. ISS~ J o PE..a.A-ro ~ Z,O Z7. '!! 5S .!;J. I L..14E:.v.... 2~0C> 3.5 '0 - 3S - SUB- TOTAL Total Overtime PLUS % SUB- TOTAL (Taxable Wajle) ISCf Zi TOTAL OF MATERIAL m;;:;:;~.\j~;~a~(:~~:i~~~~;~ PLUS 62- % of Taxable Wa2e 9&1 ~ 1904(7) SPECIALTY CONTRACTOR SUB- TOTAL ZS'8 Z! Invoice Cost SDccialty Contractor SUB-TOTAL Other Labor-related costs chargeable (A) $ @5%= PLUS % to This Supplemental Agreementl Work Order I(B)$ @2%= TOTAL OF EQUIPMENT ~i~~i~I~m::1i~.a.lff. Health and Welfare 0: f S.S~ /..} S.2.S' 30~ TOTAL SPECIALTY CONTR. ~i~?;~::::~~t~:/::~:~~~~~~f::l~: COMPUTATION OF PRIME CONTRACTOR Pension Fund o:{ S',~o L,.$ 3.60 .31 ~ 1904(4) MISC. COMPENSATION ALLOWANCE ".L -. 0;$ 0.>5 L:$ 0.21 / :!1.. IType: i.e. dump fees, permits, ete. I (A) $ @ % = ~ 0: L:4 f).o5 I(B)$ @ % - -Bubsi518RGe 0: L: .j I,'!;() TOTAL ALLOWANCE (A+B) ~~fl~~~t~~~~~~~}t!iii~tiWtf.~m~~~ TOTAL OF lABOR ~H{t~lIl~jJf:""" TOTAL MISC. COMPo ~~'.~~f~~l~:~;=~:~::1~~;ni~1~~~i GRAND TOTAL IFJtff~~ff~tm$fl+:s#.~~*tMjijW Send original and two copies to Central Office with Final Estimate. The above report includes only items chargeable to Supplemental Agreement No. ~ All copies must be signed by the Engineer, and the Contractor /Work Order No. or their Authorized Agent. ~ ~ Note: Wben material is billed 00 tbis sbeet, receipted Engineer Contractor ......<'~- invoices must accompany same. See Canst. Manual 5-591.484 for instructions in preparation. By . r::wo_ 003. CONSTRUCTION, 24485 Cedar Avenue Farmington, MN 55024 Phone: 952-469-5685 Fax: 952-469-5228 FIELD WORK ORDER (FOR EXTRA WORK, TIME & MATERIAL WORK, AND BACKCHARGES) Date <; - q .. t:>S Address City r J,vrt.wooJ Project No, I 3 3 Nature of Work Periormed .p; PC 0\11 J Bill To State Zip ]),' ~ K Oc It Project Name DrllJ rI ~I'\ J CIA.} .f.D ?lA WI f I> , Sc.W tif S-r. ( v ; c..t ~ ) . r Ale; ::; C.ol rnf LABORERS & SUPERVISION Hours Total Trade M T W T F Hours Rate Total r:; UI'lo1 c:; "..; J. ;;z. {,I).-I ;;;L EQUIPMENT SUB TOTAL EQUIPMENT Hours S S Total Employee Equip. No, Description M T W T F Hours Rate Total /vJ;' jt e ;1/A rZll J?J/(/J-ol .s3D BAdIJloe- ! ';: 11/;)., :.;1. Description EQUIPMENT SUB TOTAL MATERIAL AND OTHER CHARGES Quantity Unit Cost Total . . '. 10RK AUTH~IZED SY ~._ _ . ./'7):1 1;(/1 J ~ ,~,/J1j\~ // / W~ .. / / " I. //, c,' WORK ORDER PREPARED BY Material Sub Total Labor Sub Total Equipment Sub Total Profit at _% & O.H. at _% Total Billed WHITE - TO CUSTOMER YELLOW - MPLS. ACCOUNTING PINK - FIELD OFFICE e County Ro9 Intersection Reetruction proje.ost Summary e Original Contract Amount $ 3,566,322.45 Revised Contract Amount as of 7-23-05 $ 3,568,739.38 Original Revised Total Construction Supplemetal Supplemetal Contract Amount of Funding Source Amount Agreement 3 Agreement 4 Amount Change Hennepin County State Aid Roadway S.A.P.27-619-18 $ 2,087,307.10 $ 3,284.81 $ (4,235.70) $ 2,086,356.21 $ (950.89) Henne in County State Aid Streetscape S.A.P.27-619-18 $ 118,980.50 $ 118,980.50 $ Hennepin County State Aid Stormwater $ 153,662.05 $ 153,662.05 $ Subtotal Hennepin Connty State Aid $ 2,359,949.65 $ 3,284.81 $ (4,235.70) $ 2,358,998.76 $ (950.89) Hennepin County Local Funds REEP Program County Local Funds $ 57 ;938.22 $ 414.29 $ 58,352.51 $ 414.29 Subtotal Hennepin County Local Funds $ 57,938.22 $ 414.29 $ $ 58,352.51 $ 414.29 Total Construction Contract Costs Hennepin County $ 2,417,887.87 $ 3,699.10 $ (4,235.70) $ 2,417,351.27 $ (536.60) City of Shorewood State Aid CR 19 SAP. 216-020-02 $ 331,741.20 921.35 $ 332,662.55 $ 921.35 City of Shorewood State Aid Streetscape S.A.P.216-020-02 $ 65,982.33 $ 414.29 $ 66,396.62 $ 414.29 City of Shorewood State Aid Smithtown Rd. SAP. 216-101-02 $ 204,176.80 $ 1,617.89 $ 205,794.69 $ 1,617.89 City of Shorewood State Aid Country Club Rd. SAP. 216-108-01 $ 99,298.30 $ 99,298.30 $ City of Shorewood State Aid Stormwater S.A.P.216-020-02 $ 191,951.61 $ 191,951.61 $ City of Shorewood State Aid Stormwater S.A.P.216-101-02 $ 61,464.82 $ 61,464.82 $ City of Shorewood State Aid Stormwater SAP. 216-108-01 $ 29,724.79 $ 29,724.79 $ Subtotal City of Shorewood State Aid $ 984,339.85 $ 2,032.18 $ 921.35 $ 987,293.38 $ 2,953.53 City of Shorewood Local Road Funds Local Road $ 50,910.00 $ 50,910.00 $ Subtotal City of Shorewood Local Road Funds $ 50,910.00 $ $ 50,910.00 $ Total Construction Contract Costs City of Shorewood $ 1,035,249.85 $ 2,032.18 $ 921.35 $ 1,038,203.38 $ 2,953.53 City of Tonka Bay Local Funds Local Road $ 46,178.00 $ 46,178.00 $ City of Tonka Bay Stormwater $ 67,006.73 $ 67,006.73 $ Total Construction Contract Costs City of Tonka Bay $ 113,184.73 $ $ $ 113,184.73 $ Total $ 3,566,322.45 $ 5,731.28 $ (3,314.35) $ 3,568,739.38 $ 2,416.93 Attachment 2 County Road 19 Reconstruction Project Cost Summary . . . . . CITY OF SHOREWOOD RESOLUTION NO. 05-_ A RESOLUTION APPROVING A SUPPLEMENTAL AGREEEMNT 4 FOR THE COUNTY ROAD 19 INTERSECTION RECONSTRUCTION PROJECT, S.A.P. 216-101-02; S.A.P. 27-619-18 WHEREAS, on November 22, 2004, the City of Shorewood entered into a contract for construction with Eureka Construction, Inc. for the County Road 19 Intersection Improvement Project, City Project No. 99-21; and WHEREAS, WSB and Associates has prepared Supplemental Agreement 4 attached hereto as Exhibit A, for additional work outside of the original contract; and WHEREAS, the City Engineer has reviewed said Supplemental Agreement 3 and found it to be necessary to complete the project. NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve Supplemental Agreement 4 with Eureka Construction, Inc., that incorporates services outlined in Supplemental Agreement 4, attached hereto as Exhibit A. ADOPTED by the City Council of the City of Shorewood this 25th day of July, 2005. Woody Love, Mayor Craig W. Dawson, City Administrator CITY OF SHOREWOOD CITY COUNCIL MEETING July 25, 2005 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1. ~ fftM SJ'M\5 2. Skta'f\ 5\n r ks 3. ~ ScJ&J-f~ WeJfwooJ g(rt:Q W~eCJ.Xlcd ~~ ~~l)r t7 ' 4. (0 t/l-€ I !1Qver I 5' (;,.) 5 ~oi5.e ~/)='OIY 5. fY\ \c-~ \ ~'(~Sfv\c;,I\ 6.6h>>c- ~ S:c 10 ~r~~ g~ Pt4IIAt4L I,U) 7;;t1~-;~~ A) &v JV..I"'\~ / 5rn M4-1t~ ~ 8. 9. 10. CITY OF SHOREWOOD MONDAY, JULY 25, 2005 5755 COUNTRY CLUB ROAD 6:15 PM Notice The Shorewood City Council will gather for a Council Photo on Monday, July 25, 2005 at 6:15 p.m. at the City of Shorewood 5755 Country Club Road Shorewood, Minnesota All Council Members will be present