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110804 CC Reg AgP '\ , . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 8,2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Garfunkel Lizee Zerby _ Turgeon _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 25, 2004 (Att.- Minutes) B. City Council Work Session Minutes, October 25,2004 (Att. - Minutes) C. Canvassing Board Meeting Minutes, November 3,2004 (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 removedfrom the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. Approval of Sign Permit (Att.- Planning Director's Memorandum) Location: 19395 State Highway 7 Applicant: Crosstown Sign Co. (on behalf of Shurgard Self Storage) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) s. REPORTS AND PRESENTATIONS A. Report from LMCD Representative Tom Skramstad (Att. - Report) 6. PUBLIC HEARING '" \ . , . . CITY COUNCIL AGENDA - November 8, 2004 PAGE 2 OF2 7. PARKS A. Report on Park Commission Meeting Held November 3, 2004 8. PLANNING 9. GENERAL/NEW BUSINESS A. LMCC 2005 Budget Presentation by Sally Koenecke, LMCC Administrator (Att. - City Administrator's memorandum) B. Approval of Certification of Delinquent Charges (Att. -Finance Director's memorandum; Resolution) C. Planning Commission Appointments (Att. - Resolution) 10. ENGlNEERlNGIPUBLIC WORKS A. Radisson Road Report (Att.- WSB Report) B. Accept Bids and Award Contract - County Road 19/Country Club Road/Smithtown Road Intersection Project (Att. - Public Works Director's memorandum, Resolution) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Construction Update B. Mayor & City Council 12. ADJOURN 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, 8 November 2004 . Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - no action required Agenda Item #3C: Shurgard Self Storage has purchased the two Minnesota Mini-Storage facilities on Highway 7 near Vine Hill Road. They have submitted an application to replace existing signs on the easterly site with Shurgard signs. The plans comply with Shorewood zoning requirements and the Planning Director has recommend approval of the permit. Signs for the westerly location include a zoning text amendment that has been scheduled for a public hearing on 7 December. . Agenda Item #5A: LMCD Representative Tom Skramstad will present his quarterly report to Council. Agenda Item #9A: Sally Koenecke, administrator of the LMCC, will give an overview of the LMCC's 2005 budget. The LMCC's revenues come from cable franchise fees and investment income; there are no tax dollars from any member city. Under the joint powers agreement, a majority of the 16 member cities must approve the budget. Agenda Item #9B: The City Council adopts a resolution each year which sets delinquent utility charges and fees to be certified to the County as a levy included with individual property tax statements. Property owners are afforded an opportunity to appeal the certification of their delinquencies prior to adoption of the Council resolution. One resident, Ron Johnson, has requested a hearing regarding his sump pump surcharges for sanitary sewer service. After taking public testimony, staff recommends approval of the proposed resolution (as may be modified by Council). ft ~~ PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 80ctober 2004 Page 2 of2 Agenda Item #9C: Recently, Planning Commissioner Donna Woodruff resigned from the Planning Commission. Council may consider appointment of one of two candidates who interviewed earlier this year for this Commission. Should Council select a resident to be a commissioner, approval of the resolution making the appointment to the Planning Commission is in order. Agenda Item #10A: Dave Hutton and/or Chuck Rickart, from WSB and Associates will be presenting alternatives for the Radisson Road traffic study. The purpose of this presentation is to receive feedback from the City Council such that a final report can be compiled for acceptance by the City Council. Agenda Item #10B: This item has been continued from the October 25 Council meeting, so that staff would have an opportunity to address financing issues that had unexpectedly arisen. Since that time, MnDOT's State Aid Office has been able to make available the $800,000 in advance funding that the City had been planning to use. Additionally, . arrangements have been made with Hennepin County that will allow the City to use Municipal State Aid (MSA) funds for the City's MSA-eligible expenses on the CR 19 intersection project. Bids were received and opened on Wednesday, October 20,2004, for the County Road 19/5mithtown Road/Country Club Road intersection project. Eureka Construction, Inc., submitted the lowest responsible bid, with a total bid amount of$3,566,322.45. Staff recommends adoption of the resolution awarding the construction contract to Eureka Construction, Inc. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 25, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES DR FT 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton and Planning Director Nielsen( arrived 7: lOP .M.) Absent: None B. Review Agenda Lizee moved, Garfunkel seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, October 11, 2004 Turgeon moved, Garfunkel seconded, Approving the City Council Executive Session Meeting Minutes of October 11, 2004, as presented. Motion passed 4/0/1, with Lizee abstaining due to absence at that meeting. B. City Council Regular Meeting Minutes, October 11, 2004 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of October 11, 2004, as presented. Motion passed 4/0/1, with Lizee abstaining due to absence at that meeting. 3. CONSENT AGENDA Zerby moved, Garfunkel seconded, Approving the Motions on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - None C. Authorize Expenditure of Funds for Southeast Water Tower Inspection Services D. Proclamation in Support of Kids Voting '#~,4 CITY COUNCIL REGULAR MEETING MINUTES October 25, 2004 Page 2 of7 E. Adopting RESOLUTION NO. 04-090, "A Resolution Granting a Setback Variance and Variance to Expand a Nonconforming Structure to Ronald and Melanie Rogney, 5950 Grant Street." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Recognition of Park Commissioner Pat Arnst, and Planning Commissioners Deborah Borkon and Donna Woodruff Mayor Love, on behalf of the City of Shorewood, thanked Park Commissioner Pat Arnst and Planning . Commissioners Deborah Borkon and Donna Woodruff for sharing their time and talents to be part of the City's Commissions in recent years. While he noted the absence of Ms. Borkon and Ms. Woodruff, he stated the City greatly appreciated their efforts volunteered on the Commissions and he wished them well in their future endeavors. Mayor Love thanked Ms. Arnst for her efforts as Park Commissioner and Chair as she championed balanced use of the City parks for local residents and the entire South Lake Minnetonka community. He noted her many accomplishments as well as her courage and energy in working with the many programs throughout the City. He also noted her contribution through the volunteer Gardener program that beautified the parks' entrances as well as City Hall, and he noted the wonderful addition of the Skate Park as part of her seven and one-half years work on the Park Commission. Mayor Love then presented Ms. Arnst with a plaque of appreciation from the City for her work, time and talents graciously given to the City. Ms. Arnst stated she appreciated all the work and efforts from all Commissioners she had the pleasure of . working with in the past seven years. She thanked the Commissioners for their tolerance, and gave special recognition to Howard Young for identifying the need of seniors in the parks throughout the City. She also thanked Jeff Bailey for helping her to realize a change was necessary in providing girls equal opportunities for park usage, and she thanked City Staff for their hard work, dedication, patience and determination in working with the Park Commission issues. Ms. Arnst wished all parties present good luck in future endeavors. B. Report by Tim Litfin, Minnetonka Community Education and Services Executive Director Tim Litfin, Executive Director of the Minnetonka Community Education Services (MCES), stated he was happy to be able to meet with Council this evening with regard to changes being made within the MCES program. He stated MCES was moving forward in new and positive ways, wanting to continue past relationships, and enhancing current relationships as well. He noted several community events that MCES would be participating in such as the Rake-a-Thon, Kids Voting program, and Adopt-A-Family program for the holidays. CITY COUNCIL REGULAR MEETING MINUTES October 25, 2004 Page 3 of7 Director Nielsen arrived at 7:10 P.M. Mayor Love stated Council had heard a report from Tad Shaw, Shorewood's representative to the MCES Advisory Board, at the last Regular City Council meeting. At that time, Council was concerned about the selection criteria for a broader-based Advisory Board. Mr. Litfin explained, while the letter explaining the broader based Advisory Board had arrived prior to his employment with the MCES, he understood the idea to have a broader based Advisory Council including several new groups in effort to have more voices and needs heard by MCES. He noted the negative impacts to that approach would be that working with such a large group might prove challenging, and thus, smaller committee work was anticipated. In response to Councilmember Turgeon's question, Mr. Litfin also explained the Advisory Council would still remain, but would be enlarged; however, representation was currently being solicited from City Councils for the new Advisory Council, rather than residents at large. . Councilmember Garfunkel stated it had been his experience that it was difficult to work with such a large group of people in trying to establish policy, as it was quite difficult to focus that many people toward one goal effectively. He also stated the groups that were designated had the potential to attempt to exercise a single agenda rather than view the broader based picture as was the intention of MCES at this point. Mr. Litfin stated it was the hope of the School Board that this newly proposed Advisory Board would help to provide connections and to work with each group as "part and parcel" of a larger group. He stated he would carry the concerns of Council back to the School Board at its next discussion of this topic. Mayor Love, on behalf of the Council, thanked Mr. Litfin for being present this evening to meet and discuss these issues with Council. . 6. PUBLIC HEARING There were no public hearings scheduled for this evening. 7. PARKS Since there had not been a meeting of the Park Commission since the last Regular City Council meeting, there was no report given. 8. PLANNING Commissioner White reported on matters considered and actions taken at the October 19,2004, Planning Commission Meeting (as detailed in the minutes of that meeting). CITY COUNCIL REGULAR MEETING MINUTES October 25, 2004 Page 4 of7 A. Setback Variance Applicants: Carl and Ali Zinn Location: 5820 Ridge Road Director Nielsen explained the property owners proposed converting an existing attached. garage into living space and constructing a new attached garage in the front of the house. He also noted two private roadways served the property, with the eastern boundary being Ridge Road, providing the primary access to all the houses between Christmas Lake and Silver Lake. There was also a secondary road over the Zinn property that became a private drive just past the Zinn property line. The applicant proposed to locate the garage in the flat area at the front of the property. Due to the location of the second private road the proposed garage required a setback variance of 25 feet. Upon analysis of the case, Director Nielsen noted this case was consistent with the provisions for granting a variance and based on the property conditions Staff recommended approval of the setback variance. Council had no questions regarding this case. . Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 04-091, "A Resolution Granting A Setback Variance for Carl and Ali Zinn, 5820 Ridge Road." Motion passed 5/0. B. Variance from Hardcover Regulations Applicants: Dick and Kelly Cassidy Location: 26140 Birch Bluff Road Director Nielsen explained the applicants had a purchase agreement for the property located at 26140 Birch Bluff Road and proposed to demolish the existing home on the property and build a new home that would necessitate a variance of the 25 percent hardcover restriction. The property was located in the R- 1C/S zoning district and was subject to Shore land regulations. While the lot was nonconforming with regard to area, it was deemed buildable under City Code because it met 70 percent of the required minimums for that zone. He also went on to explain the topography of the site rose approximately ten . feet to the existing home and then dropped off abruptly to Lake Minnetonka to the north. A loop driveway served the existing home. Director Nielsen stated the applicant also proposed removing an existing shed down by the lake in effort to mitigate hardcover on the property. At present, the impervious surface on the site was 33.7% ofthe lot area. Director Nielsen then explained the proposed house eliminated the loop driveway by creating a side loading approach on the higher part of the lot. The proposed home would contain 7,390 square feet of floor area divided between three levels. The new three-car garage would have 887 square feet of floor area. He noted the maximum hardcover for the Shore land district was 25 percent. While the proposed plan reduced the impervious cover to 29.67 percent, hardcover for the site remained in excess by approximately 8 percent. To that end, the applicants proposed mitigating the variance by using a permeable brick paving system. With regard to the issue of substandard lots, Director Nielsen explained the applicants' request complied with most of the criteria associated with development of a substandard lot. The proposed house complied with the setback requirements of its zoning district; however, proposed hardcover for the house exceeded CITY COUNCIL REGULAR MEETING MINUTES October 25, 2004 Page 5 of7 the 25 percent maximum by 4.67 percent. Also, the floor area of all structures on the property would exceed the 30 percent ratio to lot area, as the ratio of all structures to lot area would be 37.7 percent. With regard to criteria for a variance in this case, Director Nielsen stated the request did not seem to meet any of the criteria necessary for granting a variance in this case. Furthermore, he stated there appeared to be inadequate information related to the use of permeable paving systems as a way to mitigate impervious surface in lot development. Director Nielsen also noted the Planning Commission had decided to study the issue of use of permeable paving systems as part of its 2005 Work Program, and should the City believed these paving systems had merit in offsetting the impervious surface regulations, the regulations should be changed by ordinance amendment. For these reasons, the Commission had voted unanimously to deny the request for variance in this case. Mayor Love stated he agreed with the Planning Commission recommendations for this case, as did Councilmembers Lizee and Turgeon. . Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 04-092. "A Resolution Denying a Setback Variance for Dick and Kelly Cassidy, 26140 Birch Bluff Road." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Planning Commission Appointment Administrator Dawson explained there was a vacancy on the Planning Commission since Commissioner Woodruff had recently resigned from that position, with a term that expired February 28,2005. He also explained City Staff had contacted two individuals that had interviewed for the Planning Commission positions vacant earlier in the year and remained interested in working on the Commission. Council indicated a preference to be able to contact these two individuals prior to appointing a new Commissioner for the Planning Commission. Administrator Dawson stated this item would be placed on the next Regular City Council Meeting Agenda for further consideration. . 10. ENGINEERING/PUBLIC WORKS A. Approve Plans, Specifications and Estimates for Freeman Park/Shorewood Oaks Drainage Project Engineer Brown explained that during the October 11, 2004, City Council Meeting, Staff was provided direction regarding finalization of the design documents for the drainage way to be constructed between the properties of 26030 and 26040 Shorewood Oaks Drive. In preparation for the construction, the out lot between the properties had been surveyed and staked to illustrate the alignment of the drainage way in the field. After stakes were placed, an impromptu meeting was conducted with the two homeowners adjacent to the outlot. Mr. Healy and Ms. Siverts agreed to a revised alignment that was a compromise between the original plan documents and a straight centerline, which did encroach onto Mr. Healy's property of 26040 Shorewood Oaks Drive. Both property owners agreed in principle to the compromise, and Staff was now submitting the documentation for approval of the plans, specification and estimate for this proj ect. CITY COUNCIL REGULAR MEETING MINUTES October 25, 2004 Page 6 of7 In response to Mayor Love's question, Engineer Brown explained that since the contractor was in the area working on other projects, this project could be completed, weather permitting, within the next two weeks. Turgeon moved, Zerby seconded, Approving the Plans, Specifications, and Estimates for Freeman Park/Shorewood Oaks Drainage B. Authorize Expenditure of Funds for Freeman Park/Shorewood Oaks Drainage Project Engineer Brown explained this item would provide funding for the Freeman ParklShorewood Oaks Drainage Project. He also explained, in response to Councilmember Zerby's question, that due to the grade tolerances required for this project, it would be wise to use a contractor to perform the work. Turgeon moved, Lizee seconded, Authorizing Expenditure of Funds for Freeman Park/Shorewood Oaks Drainage Project. Motion passed 5/0. C. County Road 19/Country Club RoadlSmithtown Road Intersection Project . Engineer Brown explained the bids for the County Road 19/Country Club RoadlSmithtown Road Intersection Project were opened on October 20, 2004. He stated he was pleased to announce the lowest bid was from Eureka Construction Inc., in the amount of $3,566,322.45. He also explained it was vitally important to note that $1,523,066.60 of the total was eligible for State Aid reimbursement. Engineer Brown stated that, upon verification of this amount with the State, he was informed that while the City of Shorewood had placed a reserve for advance funding with the State Aid Offices, funds were not guaranteed, since fund availability was available on a "first-come/first-served" basis. The State currently reported zero funds were currently available for advancement. Due to this late development, Staff was now reconsidering the fmancing alternatives to be considered for the project. He also stated it was anticipated that the award of the project would be placed on the Regular City Council Meeting Agenda for November 8, 2004. Administrator Dawson stated there were several alternatives being investigated for the funding of this . project, including a bonding process. He also stated representatives from Hennepin County were taking a favorable position with regard to the bids. Councilmember Turgeon stated she was concerned representatives from Hennepin County were only allotting $200,000 to pay a $1,600,000 debt that had been created due to problems with the Hennepin County process for this project. In addition she stated the County had known the City would need to borrow Minnesota State Aid (MSA) funds for the project, and that the City had invested a great deal more than $1,000,000 for the project to date. She also noted there were many aspects to the project that were under the control of Hennepin County, including the delay for construction. She stated she would not support bonding for this project. Mayor Love questioned whether there would be some money anticipated by the State based on the idea that some municipalities might not utilize their funding from MSA funds as requested. Engineer Brown explained that there was a flaw in the MSA funding mechanism that mandated that municipalities had twelve weeks to utilize requested funds without financial penalty for expiration due to false requests. He stated he thought it important to begin working with people at the County level that would be supportive of the City in this project. Also, he thought it important for the Council to contact any County . . CITY COUNCIL REGULAR MEETING MINUTES October 25, 2004 Page 7 of7 representatives that would be supportive of the City's situation in this matter. Engineer Brown also stated the State was eager for the City of Shorewood to utilize these funds, so he anticipated some relief could be realized from the State as well. Further, Engineer Brown explained, in response to Councilmember Garfunkel's question, that the County was also eligible for State Aid funds, and one option might be to have the County "bankroll" the project. Councilmember Garfunkel stated he was still experiencing "sticker shock" as it seemed the City was being asked to provide $1,600,000 of a $4,500,000 project and he did not think this seemed quite right in this case, as County Road 19 was a County roadway. Administrator Dawson stated there were many alternatives to research and he believed there would be greater certainty about this matter at the next Regular City Council Meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Construction Update Engineer Brown stated there was nothing additional to report on this matter at this time. B. Mayor & City Council Mayor Love reported there would be a meeting of the Excelsior Fire District Governing Board on Wednesday, October 27,2004 at the West Side Station beginning at 6:30 P.M. 12. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of October 25, 2004, at 8:03 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator . . CITY OF SHORE WOOD CITY COUNCIL WORK SESSION MONDAY, OCTOBER 25,2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS IMMEDIATELY FOLLOWING REGULAR MEETING MINUTES 1. CONVENE CITY COUNCIL WORK SESSION D':. ;'. P .if) F.' T' . ; i iilf. Mayor Love called the meeting to order at 8: 18 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Engineer Brown; and Finance Director Burton Absent: None B. Review Agenda Without objection from Council, Mayor Love proceeded with the Agenda for the meeting. 2. ENTERPRISE BUDGETS Administrator Dawson stated budgets for the Enterprise Funds for the Year 2005 Budget would be presented this evening for discussion. The documents presented to Council this evening consisted of the budgets for Water Operations and Debt Service, Sanitary Sewer Fund, Stormwater Management, Recycling Funds, and Liquor Operations. A. Water Budget Finance Director Burton explained the Water Fund budget was comprised of two parts: the Water Debt Service budget and the Water Operating Budget. The 2005 Water Debt Service budget included payments for the existing bond issues and the anticipated 2005 issue which would finance major water and well improvements in 2005. These debt service payments were programmed at approximately $356,000 and would be paid for by a transfer from the Water Operating budget. She went on to explain the 2005 Water Operating Budget revenues were projected to be approximately $1,738,000 while expenses were forecast to be approximately $1,800,000. Proposed capital expenditures to be funded from 2005 bond proceeds included the Amesbury Well enhancements, Badger Well House reconstruction, Woodhaven Interconnection, Radio Read project, and the Southeast Water Tower Painting. Finance Director Burton also stated in order for the Water Funds to be self-supporting, to assure the system could provide for improvements, and to preserve fund balance at current levels, the third year of implementation of a water increase had been scheduled. Based on that plan, the final scheduled increase would change the base rate in 2005 from $30 to $35 for up to 10,000 gallons: rates would remain at $2.95/1000 gallons for 10,000-50,000 gallons usage, and $3.75/1000 gallons for 50,000+ gallons usage. She noted the proposed 2005 increase would generate an additional $25,000 in annual revenue and the average quarterly bill would increase to approximately $94 per quarter. #~B CITY COUNCIL WORK SESSION MEETING MINUTES October 25, 2004 Page 2 of3 B. Sanitary Sewer Budget With regard to the Sanitary Sewer Budget, Finance Director Burton stated the City currently had about 2,800 connections to its Sanitary Sewer system. This fund had a substantial fund balance that had enabled it to be utilized to fund other City projects, such as the Gideon Glen land acquisition. There were no additional rate increases recommended at this time. Proposed operating revenues and expenditures for year 2005 were contemplated at approximately $873,500, with capital improvements of approximately $247,000 planned for the year as well. Capital improvements included refurbishment of Lift Stations 15 and 17, and the purchase of a sewer camera, Trailer Jetter, and purchase of a portable generator. Funds had also been designated for Inflow & Infiltration Control and reduction projects. C. Stormwater Management Budget The 2005 Stormwater Management Budget contemplated revenues and expenditures of about $379,000, . including operations and internal repayment for the Gideon Glen land acquisition. Capital improvement projects anticipated included the Gideon Glen drainage project to be funded by grant proceeds by the Minnehaha Creek Watershed District (MCWD), as well as Boulder Bridge Storm Sewer Lift station improvements and the Glen Road Drainage Improvement project. No additional rate increases were scheduled at this time. D. Recycling Budget The Recycling Budget contemplated revenues and expenditures of approximately $117,220. The City anticipated receiving grant monies from Hennepin County Grant Funds. Finance Director Burton noted the number of households participating in the recycling program remained stable. No rate increases were proposed at this time. E. Liquor Operations Budget Finance Director Burton explained the City anticipated reasonable profit levels at its two current municipal stores; however, the budget had been prepared quite conservatively based on the changing market for liquor stores within nearby retail areas. She stated Staff would be working diligently to monitor this budget and funding, and would propose modifications if necessary. . Mayor Love expressed gratitude to City Staff, Liquor Committeemembers and Store Manager Don Swandby for continued profits for the City municipal liquor stores despite tough economic situations. Finance Director Burton thanked Council for its time spent considering these matters and noted the budgets would be slated for adoption at the December 13,2004, Regular City Council Meeting. 3. OTHER No other business was presented this evening. . . CITY COUNCIL WORK SESSION MEETING MINUTES October 25, 2004 Page 3 of3 4. ADJOURN Lizee moved, Zerby seconded, Adjourning the City Council Work Session Meeting of October 25, 2004, at 8:43 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator CITY OF SHOREWOOD CANVASSING BOARD MEETING WEDNESDAY, NOVEMBER 3, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. MINUTES nD, !\ C'" utU"'~ \ 1. CALL TO ORDER Chair Love called the meeting to order at 6:00 P.M. A. Roll Call Present: Chair Love; Canvassing Board Members Garfunkel. Lizee; and Turgeon. City Administrator/Clerk Dawson Absent: Zerby . B. Review Agenda Chair Love reviewed the Agenda. Garfunkel moved, Turgeon seconded, approving the Agenda as submitted. Motion passed 4/0. 2. CANVASS OF ELEC:rION A. Consideration of a Motion to Adopt a Resolution Approving the Local Election Results from the General Election of Tuesday, November 2, 2004. The Canvassing Board reviewed a "Resolution Accepting Local Election Results" for the local election held Tuesday. November 2. 2004. as presented by the Election Judges of all five Shorewood precincts. . Lizee moved, Turgeon seconded, to adopt Resolution No. 04-093 "a Resolution Accepting Local Election Results". Motion passed 4-0. 3. ADJOURNMENT Turgeon moved, Garfunkel seconded to adjourn the Canvassing Board for the 2004 General Election at 6:02 p.m. Wednesday, November 3, 2004. Motion passed 4/0. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk *d-C- ~ PAYABLESAPPROVALS For 11/08/04 Council Meeting . /l .. 01. Prepared by: ({[tic. u/~ _ .~/~~e, Ca~e~e Elk~, SDAcc.onntant Reviewed by: ~~ Bonnie BUI!on, Finaneei~irector ~' . Approved by: Crai (I Date: / /-d-O C;" Date: ~ I) te: 1!{)2.!?4- 'Pc PAYROLL APPROVALS For 11/08/04 Council Meeting /) ~ . Prepared by: ( i-r;ip 1 ,,: , (J2, kj Date: /f d-L? f Cathe1fe Elk~._ S/tccountant I / Reviewed by: ~U~ Date:@,V.. Bonnie Burton, FinanG;e Director . / Approved by: 'Z-. ' / j Date: / I tl2. 0 1- Crai / awson, City Administrator . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: 4 November 2004 RE: Sign Permit - Shurgard Self Storage FILE NO. Property - 19395 State Highway 7 Crosstown Sign, Inc. has submitted a signage plan for the self storage facility at 19395 State Highway 7. Shurgard has purchased Minnesota Mini-Storage and they propose to replace the existing signs on the site. Exhibit A illustrates the proposed pylon sign replacement in front of the building. An existing wall sign on the north side will be removed and replaced with a wall sign on the front 'of the lower building on the west side of the site (see Exhibit B). The existing wall sign on the west side of the two-story building will be replaced with a Shurgard sign (Exhibit C). . The pylon sign contains 186 square feet of area (on one side), including the time and temperature component. The wall sign on the one-story building contains 62 square feet of area, and the wall sign on the two-story building contains 170 square feet. Total signage amounts to 418 square feet. The Zoning Code allows a total sign area up to 10 percent of the building silhouette as viewed from the street. Since the building silhouette contains 4339 square feet of area, the applicant is within the maximum allowable sign area. It should be noted that the height of the freestanding sign is limited to 20 feet, which complies with the maximum height requirement. " Approval of the sign permit is recommended. It is worth mentioning that Shurgard has also submitted plans for their other site, located west of the Rapid Oil facility on Highway 7. . That plan includes a request to amend the signage provisions for the C-1 zoning district. The amendment will be scheduled for a public hearing by the Planning Commission on 7 December. cc: Craig Dawson Crosstown Sign Inc. :II~ n \..1 PRINTED ON RECYCLED PAPER 2'-21/4" 107/8.01<' 6-,~ nn"M u.: u:i t'8 ... :.2 II ~ 55 i i u.; u:i co c.q .... .... .... 1 lIZHL-,n . 0- ,OZ r ... lD x ~ ~q . La.: co :.:!v.i;;; S~!:l =>:~ b ff3g!e ~ 6t'S~ a.. l!o ~ CiS en ;it ;:-::l ffi f;E ~ i?"~ ..;~~ u.: !3~(3~~ii';S en CiS Cl enz =ru; - ~ ~D ~ ~~ Z N;il! (:.:J !!!= - !;:!;j; en ma CI ,~~ ~ ~ u'!a:: W ~ I,/S ~:IE MI ~; :IE ' Ot ~Q 8 Ui .. ... ::! w '~ i l:!:!Q-c _ . Q:i5101: .... Z~.n al! mf&! il!_~ l!~ EI", &l5.!:l ~;!5.i ~Ioil~ . 9: c" I: :>>u. :1::: .,.~ Exhibit A .....,.... Am_.. 'Sl"N ::rrm d)I :IIMWO tOOO9 "1""1111 e,! "">>MtfJU.l{JlIl3 :mSltay t>'O!9z/ln aJ.YO 'PH ISJHIfUfI31Jlf'l S:l05 =39Vd Ho:rS~-SEl :J11:1 :l9VN9IS O:lON:lWWO:J3H ":fS!J8"m' 39VN91S 1YJ.D! 'II UO:I Q3MOllV ':I'S &9"US&t utr-. ~S ~ X uihllZ SlllI3ROHlIS 9NIOlIRII :10 lSHV SSOH9 :llDN lW:!N:J9 &# N91S ':fS 119' W M .O-.17l X H .o-.t>' SI N9IS 9NILS1X3 .0-,~=.8/~ :31\I:>S ~ AlO &# troiS N9tS l1VM 031VNlwml1 :rs .B/lO-'~L paloo)-paJoaH saxog cD -" iO:'" =~ CD " ~ .BIL o~C .trHZ.,Z[ 30VlI01S :1135 GlY08nHS I I . 9-,OZ en " ~ . ~&C95 NW 'pOOMaJOIIS l"NAH !8m' S~-SgL :JIOl1VOOl 'N91S 9NILSIX3 :10 3ZIS M .o-.17Z X H.O",., :lOVI0J.5 :Jl:15 awOllnHS Z# N9IS ,\1NO 3AOW3H . .' '.' ... . :. ',' P=l +-' ,~ .,.0 .~ ~ ~ tr.1 & ........ 0" ....... . .-+ 13'-60 I 1 ~~ ~~p~~ ~ HEATED-COOLED - RED BlACK tJ. aWE S.F. NON-ILWMINATED PLATE LETTERS SIGN #4 63 S.F. Q1Y.1 SCALE: 1/8....1 '-II" SIGN #4 SHURGARD SELF STORAGE 1.D&IlfIDN: 735-15 1195!15 Hwy. 7 Shorewood. MN 55331 RIE: 735-15.CDR PAGE: 50F5 DATE: 10/26/04 REVISED: DRAWN: KP SCAlE: N.ts. . n GENERAL NOTE: GRDSS AREA OF BUILDING SILHOUETTE IS 28'-8" X 151 '_4M 4338.&3 S.F. ALLOWED FOR A TOTAL SIGNAGE 433.86 S.F. 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Sheriff's Department Annual Meeting: Each year the LMCD and the Sheriffs Water Patrol meet to review the results of the boating season, discuss future plans, and renew their cooperative agreement This meeting will be on November 9th this year. 9. Six Mile Creek: The LMCD has been collecting opinions from various cities and agencies with regard to the legislation that nullified our authority in the Lake's tributaries. The opinions collected thus far have been positive (in favor of restoring our authority.) In the mean time, we are not doing our normal work in these areas (dock inspections, complaint management, etc.) Instead we are forwarding these items on to the cities, with a copy to Gen Olson, indicating that we are willing to assist, if requested. 10. 2005 Board Appointments: LMCD staff will be sending reminder notices to those member cities whose Board member term expires at the end of the year. (This includes my term.) 10. On-going Licenses/Permits: The LMCD staff has sent out renewal deicing installation applications for the 2004-2005 season. In Shorewood there are 3 such applications. A copy of the approved license for each of these installations will be forwarded to Shorewood. Because of safety concerns about the growing number of deicing applications, particularly by residential homeowners, the LMCD Board has placed a moratorium on granting additional such permits until further analysis can be done. LMCD staff will also be working on the preparation of renewal applications for charter boats and related liquor licenses for the 2005 season. . 1L Logistics: The LMCD Board is interested in having its meetings broadcast on cable television. The facilities at Tonka Bay City Hall do not lend themselves to this, and as a result, we are going to try a different location on a trial basis - Wayzata City Hall. This is planned to happen beginning in January 2005. 12. Web Page: 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: City Council . DATE: Craig W. Dawson, City Administrator Cb November 4, 2004 . FROM: SUBJECT: 2005 Proposed Budget, Lake Minnetonka Communications Commission (LMCC) The LMCC Board of Directors approved the LMCC's 2005 Budget in August. According to the LMCC joint powers agreement, the majority of the LMCC member city councils (currently 16) needs to review and approve the budget for it to take effect. Sally Koenecke, Administrator for the LMCC, will give a brief overview of the budget at the November 8 Council meeting. The LMCC is funded with cable franchise revenues and investment income, and not with any taxes. The proposed budget anticipates use of$5,100 from the fund balance (or, 1.7 percent of the fund balance). . RECOMMENDATION: Staff recommends that the Council approve the 2005 Budget for the Lake Minnetonka Communications Commission. o PRINTED ON RECYCLED PAPER :it Cf 1+ lL~~~~EM'NN . October 7, 2004 NKA COMMUNICATIONS COMMISSION 4071 SUNSET DRIVE · P.O. BOX 385 · SPRING PA Mayor and City Council Members City of Shorewood 5755 CountryOub Rd. DEEPHAVEN Shorewood, MN. 55331 EXCELSIOR Dear Mayor and Council Members: GREENWOOD The Lake Minnetonka Communications Commission (LMCC) passed the ericlosedbudget for 2005, at the the quarterly Full Commission on August 17. I have also enclosed a condensed version as requested by Shorewood Commissioner, Patrick Hodapp. . INDEPENDENCE LONG LAKE LORElTO This budget is not funded with tax dollars, but rather a cable company franchise f-ee paid annually to the LMCC~ Weare also receiving a PEG (public, educational, governmental) access fee for community use of the production studio. I am submitting the budget to all city members of the LMCC for review and approval according to the Joint Powers Agreement. MEDINA MINNETONKA BEACH The LMCC is asking all 16 cities to bring the LMCC Budget before your City Councils for approval and notify the LMCC of your action with a copyaf your MINNETRISTA council minutes. Please notify the LMCC' of your action within 30 days of the receipt of the budget according to the LMCC Joint Powers Agreement. If your . ORONO city would like.to have me make, a presentation of the budget please call me at 952-471-7125. In past years I have attended council meetings to present the ST. BONIFACIUS budget but due to very full agendas some cities have requested the budget be mailed with no presentation. I would be happy to attend your council SHOREWOOD meeting and answer any questions concerning the budget or call me with any questions. SPRING PARK Sincerely, TONKA BAY VICTORIA LAKE MINNETONKA COMMUNICATIONS COMMISSION 4% "P~~ Sally K6enecke Administrator WOODLAND .. Lake Mmnetonka Commumcatlons CommIssIon 2005 Budget Summary 2005 2004 Committee Adopted Proposal Personal Services 10 1 Salaried Full-time 124,378:00 131,592.00 103 Salaried Part-time 43,841.00 38,014.00 121 Pen Cont 8,966.00 9,380.00 122 FICA Cont. 12,869.00 13,475.00 131 Health Insurance 19,000.00 20,500.00 151 Workers Comp. Insurance 860.00 870.00 Total Personal Services 209,914.00 213,831.00 Supplies 200 Office SUpplies 1.550.00 1,600.00 210Specia.1 Events/Meetings 1,550.00 1.250.110 220 Repair & Mdint. Supplies 500.00 550.00 225 Studio Expendables 5,000.00 5,000.00 Total Supplies 8,600.00 8,400.00 . Professional Services 301 Auditing Fees 6,850.00 7,200.00 302 Access Contractors 22,000.00 21.000.00 304 Legal Fees 7,300.00 7,400.00 314 Payroll Services 1,880.00 1,920.00 318 J mitorial Services 3.100.00 4,800.00 319 Security Services 1,300.00 1,150.00 325 Consulting-computer 2,300.00 3,000.00 310 Camen Ptoducti.on 0.00 0.00 Total Professional Services 44,730.00 46,470.00 Other Services and Charges 321 Telephone/Communica.tions 5.l00.00 5,600.00 . 322 Postage 2,550.00 2,550.00 331 navel School and Conference 12,000.00 12,000.00 332 Mileage 2,600.00 2,000.00 350 Printing and Publishing 8,400.00 8,400.00 360 Insurance 7,200.00 6,700.00 380 Utilities 9,900.00 10,300.00 384 Refuse & Recycling Collection 550.00 550.00 401 Contracted Building Repair 1.750.00 1.750.00 404 Maim. Repair Equipment 5,000.00 5,400.00 410 Van Operation 2,000.00 l.700.00 412 Building Rent 39,164.00 40,559.00 413 Equipment Rental t050.o0 3,600.00 433 Dues and Subscriptions 4,150.00 4,100.00 438 Property Taxes 9,050.00 9,050.00 439 Contingency 5,000.00 4,000.00 Leasehold Improvement 300.00 300.00 Total Other Services and Charges 119,364.00 118,559.00 Total Expenditures 382,608.00 387,260.00 Ftartehise Audit 10,000.00 17,000.00 Studio Equipment Purchase 52,000.00 18,000.00 Projected Total Expenditures 444,608.00 422,260.00 ~~ ~[~.~~a.~ a a..ij ~ ~ a ~ ~ ~. ~~ r:;.;ol-tgJ>>~ ifg.;l ~~~ 0" t'D CIl::r' I>> ~~~~s>>t'D CIl \:::: t'D ~"t:So.. t'D~t'Dt'D ~ < I-t I-t s:. . ::s 1'+\ .~ g~~ nm~ I-t CD 0 ~ ..... t'D s>> <l a- n . [-4 5' 0 ir ~ g ~"t:S ~ -'t ::r. CD n- t'D ..... e: ~ _s>>@. I-t~ . t'D 0 !:t. ~ t'D t:t p.. ;i t'D ~ ~ m~~nm& n J>> o ::l. <l p.. t'D N ~ Po Po ~ Q:l 0 t~ ~t'D g..==,t'D ..... "t:S t'D -s:t'DJ>>::SOCll~ .t'D .~. ~if- n J>> 0 n I>~f- ~ . 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Lake Minnetonka Communications Commission 2005 Budget Summary Projected Revenues: $ 417,110 Projected Expenses: Reduction In Fund Balance: $ 422.258 $ (5,148) 2005 Beginning Fund Balance 2005 Ending Fund Balance $ 306,950 $ 301,802 . . Lake Minnetonka Communications Commission 2005 Proposed Budget Franchise Studio Capital Total Administration Production Improvement All Funds Revenues Franchise Fees 127,532 160,586 288,118 . PEG Fees 39,528 18.000 57,528 Mound Usage Fees 45,488 45.488 Studio Rental Dub Fees 5,314 5,314 Interest 896 1,094 1,990 Insurance Refund 1,672 1,672 Audit Adjustment 17,000 17.000 Projected Total Revenue 147,100 252,010 18,000 417,110 . Projected Total Expense auditllegal expense total 130,080 22.000 152,080 252,178 18,000 422,258 Projected 2005 Beginning Fund Balance Projected 2005 Revenues Projected 2005 Expenses Projected 2006 Beginning Fund Balance 306,950 417.110 724.060 422,258 301,802 Franchise Compliante Enforcement 49855 Cable Operator Audit 301 Lege.! Fees 303 ToteJ Franchise Enforcement Total 19,640.00 6,833.00 26,473.00 134,308.00 10,000 5,000 15,000 137,624 4,418 2,307 6,725 65,919 8,000 4,700 12, 700 137,465 17.000 5.000 22.000 152.080 2005 Capitol Expenditures Budget Studio & Control Room Needs: 2 2 Channel Audio Gate/Comoressor-5tudio GBX 266LB $279.00 $594.27 1 Roll Around Ladder for StudiolLiahtina Use RQlo L-14b $750.00 $798.75 1 13" Monitor-Control Room JVC TM-H1750CGU $795.00 $846.68 1 9" Monitor-Control Room JVC TM-A9U $540.00 $575.10 Production Van Needs: 1 Portable Wave Form MonitorNector SCODS for Van Leader 5982B $3,495.00 $3,722.18 2 Headset Mics for Van Sports Productions-Van Telex TELDS4 $80.00 $170.40 1 OV/Mini OV Deck for Van Panasonic AG-DV2000 $2,300.00 $2,449.50 1 Graohics Generator for Van Information MXProDV $2,790.00 $2,971.35 1 4 Inout TBC Unit for Van Datavideo TCB4000 $929.95 $990.40 Equipment Room Needs: 6 DV Camcorder Batteries-Equipment lOX E-50 $247.00 $1,578.33 Playback Needs: 1 CG Computer for Plavback Scala EPCSCALA $3.115.00 $3,317.48 $18,014.44 . 8/9/04 . ..~ . 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: November 2, 2004 FROM: V. Honorable Mayor and Councilmembers Bonnie Burton, Finance DirectorlTreas~rer . . TO: CC: Annual Certification of Delinquent Utility Accounts Craig W. Dawson, City Administrator (j\) RE: . Discussion The City Code provides for annual certification of delinquent utility bills against the properties served. A resolution is attached for City Council consideration setting delinquent utility charges and other charges and fees to be certified to the County as a levy on the property taxes. This resolution is considered and passed annually. Each property owner may object to this proposed certification of delinquent accounts and as part of the appeal process, may request a hearing in front of the City Council. This year, there was one request for such a hearing from Ronald Johnson, 5355 Shady Hills Circle, Shorewood, MN 55331. Copies of related correspondence are attached for your review. Council Action Requested After listening to Ronald Johnson's appeal and giving consideration to same, the City Council is requested to approve the attached resolution certifying delinquent utility charges to the 2005 property tax rolls. ft \,., PRINTED ON RECYCLED PAPER -#9B CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION DIRECTING DELINQUENT SEWER CHARGES, STORM WATER UTILITY CHARGES, RECYCLING CHARGES, CITY CLEAN-UP CHARGES, DRY HYDRANT CHARGES, AND SUMP PUMP CHARGES, BE PLACED ON THE 2005 PROPERTY TAX ROLLS WHEREAS, Shorewood City Code provides for the City to place delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges on the succeeding year property tax rolls for the specified properties; and, WHEREAS, the City Council has scheduled the consideration of the assessment of such charges and has caused notice of such assessments to be mailed to the affected . property owners; and, WHEREAS, the Council has considered such charges at a regular council meeting and has made a determination that delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges exist for the specified properties set forth in Exhibits A, B, C, D, E, and F attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the Hennepin County Special Assessment Di vision is hereby authorized to place the delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges, on . the 2005 property tax rolls, payable in 2005, at eight percent (8%) per annum, against the specified properties as set forth in Exhibits A, B, C, D, E, and F. ADOPTED by the City Council of the City of Shorewood, Minnesota, this 8th day of November, 2004. Woody Love, Mayor Craig W. Dawson, City Administrator MUNIC CODE 26 EXHIBIT A LEVY NO 16159 SANITARY SEWER . PIDNO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117-23-23-0023 161.70 0375207200 25-117-23-24-0034 354.89 0892201500 25-117-23-32-0012 161.70 0815050250 25-117-23-32-0023 377.53 0485205750 25-117-23-34-0012 379.58 0780054050 25-117-23-34-0022 381.63 0780053850 25-1- 17 -23-~0025 380.63 0270203450 25-117-23-44-0049 402.11 0705053550 26-117-23-11-0044 380.63 0435046450 26-117-23-11-0050 380.63 0550211050 26-117-23-14-0011 276.53 0685049410 26-117-23-14-0022 364.08 0385209400 26-117-23-14-0025 161.70 0385210000 26-117-23-14-0085 152.16 0550211750 26-117-23-14-0087 161.70 . 0285049250 30-117-23-33-0026 350.69 0255043700 31-117-23-14-0008 103.23 0635274050 31-117-23-44-0015 465.56 0500274100 32-117-23-11-0014 379.40 0825256450 32-117-23-12-0002 174.90 0330054550 32-117-23-13-0008 380.63 0330057750 32-117-23-14-0026 496.91 0775257800 32-117-23-31-0013 352.41 0110059950 32-117-23-31-0024 161.70 0775266750 33-117-23-12-0025 464.89 0320246950 33-117-23-13-0003 465.56 0775246200 33- t17..23..t3..0029 380.63 0155057050 33-117-23-21-0033 161.70 0470054200 33-117-23-21-0045 134.05 0320251350 33-117-23-22-0007 161.70 0585255400 33-117 -23-22-0014 381.68 0260055251 33-117-23-22-0014 - -- 381.68 0260055551 33-117 -23-22-0020 374.22 0905054400 33-117-23-23-0028 379.09 0260057400 33-117-23-24-0006 377.53 0775248600 33-117-23-32-0031 377.53 0260058900 33-117-23-33-0057 161.70 0260059850 33-117-23-42-0001 364.42 0170058150 33-117-23-44-0032 253.51 0940242150 33-117-23-44-0038 197.19 0975242750 34-117-23-23-0043 161.70 0872055921 34-117-23-32-0014 379.09 0555058300 34-117-23-33-0009 259.72 0425060850 34-117-23-33-0039 404.67 0425060900 34-117-23-44-0015 466.22 0570227400 34-tt7-23~-0031 219.51 0305227600 36-117-23-21-0009 380.63 0740055800 TOTAL LEVY NO 16159 $ 14,631.25 . 11/2/2004 . MUNIC CODE 26 LEVY NO EXHIBIT B WATER PIDNO. I ADON NO. TOTAL PRINCIPAL ACCOUNT NO. I NONE I 0.00 I TOTAL LEVY NO $ - . . MUNIC CODE 26 EXHIBIT C . . LEVY NO 16160 STORM WATER MANAGEMENT PIDNO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117-23-23-0023 9.81 0375207200 25-117-23-24-0034 20.67 0892201500 25-117-23-32-0012 13.31 0815050250 25-117-23-32-0023 44.66 0485205750 25-117-23-34-0012 45.73 0780054050 25-117-23-34-0022 34.66 0780053850 25-1-11-23-34-0025 27.34 0270203450 25-117-23-44-0049 70.33 0705053550 26-117-23-11-0044 25.66 0435046450 26-117-23-11-0050 25.66 0550211050 26-117-23-14-0011 16.40 0685049410 26-117-23-14-0022 23.92 0385209400 26-117-23-14-0025 9.81 0385210000 26-117-23-14-0085 9.81 0550211750 26-117-23-14-0087 9.81 0285049250 30-117-23-33-0026 20.67 0255043700 31-117-23-14-0008 11.63 0635274050 31-117-23-44-0015 36.03 0500274100 32-117-23-11-0014 26.14 0825256450 32-117-23-12-0002 19.00 0330054550 32-117-23-13-0008 25.66 0330057750 32-117-23-14-0026 33.80 0775257800 32-117 -23-24-0031 85.63 0775267500 32-117 -23-31-0013 41.78 0110059950 32-117-23-31-0024 15.16 0775266750 33-117-23-12-0025 46.97 0320246950 33- tt7 -23-13-0003 36.03 0775246200 33-117-23-13-0029 25.66 0155057050 33-117-23-21-0033 4.92 0470054200 33-117-23-21-0045 14.93 0320251350 33-117-23-22-0007 11.63 0585255400 33-117-23-22-0014 17.14 0260055251 33-117-23-22-0014 17.14 0260055551 33-117-23-22-0020 . 24.98 0905054400 33-117-23-23-0028 34.27 0260057400 33-117-23-24-0006 44.66 0775248600 33-117-23-32-0031 44.66 0260058900 33-117-23-33-0057 15.16 0260059850 33-117-23-42-0001 20.67 0170058150 33-117-23-44-0032 20.68 0940242150 33-117-23-44-0038 21.57 0975242750 34-117-23-23-0043 4.92 0872055921 34-117-23-32-0014 34.27 0555058300 34-117-23-33-0009 24.82 0425060850 34-117-23-33-0039 22.23 0425060900 34- tt7 -23-44-0015 26.91 0570227400 34-117-23-44-0031 14.98 0305227600 36-117-23-21-0009 25.66 0740055800 TOTAL LEVY NO 16160 $ 1,257.94 11/2/2004 MUNIC CODE 26 EXHIBIT D LEVY NO 16161 RECYCLING PIONO. . ADON NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117-23-23-0023 12.14 0375207200 25-117-23-24-0034 28.31 0892201500 25-117-23-32-0012 12.14 0815050250 25-117-23-32-0023 36.37 0485205750 25-117-23-34-0012 37.37 0780054050 25-117-23-34-0022 36.83 0780053850 25-117-23-34-0025 36.37 0270203450 25-117-23-44-0049 36.37 0705053550 26~ 117-23-11-0044 36.37 0435046450 26-117-23-11-0050 36.37 0550211050 26-117-23-14-0011 22.94 0685049410 26-117-23-14-0022 33.35 0385209400 26-117-23-14-0025 12.14 0385210000 26-117-23-14-0085 12.14 0550211750 26-117-23-14-0087 12.14 0285049250 30-117-23-33-0026 28.31 0255043700 31-117-23-14-0008 12.14 0635274050. 31-117-23-44-0015 37.59 0500274100 32-117-23-11-0014 37.25 0825256450 32-117-23-12-0002 19.84 0330054550 32-117-23-13-0008 36.37 0330057750 32-117-23-14-0026 47.83 0775257800 32-117-23-24-0031 89.50 0775267500 32-117-23-31-0013 33.72 0110059950 32-117-23-31-0024 12.14 0775266750 33-117-23-12-0025 37.59 0320246950 33-117-23-13-0003 37.59 0775246200 33-117-23-13-0029 36.37 0155057050 33-117-23-21-0033 12.14 0470054200 33-117-23-21-0045 15.70 0320251350 33-117-23-22-0007 12.14 0585255400 33-117-23-22-0014 36.37 0260055251 33-117-23-22-0014 36.37 0260055551 . 33-117-23-22-0020 35.21 0905054400 33-117-23-23-0028 36.37 0260057400 33-117-23-24-0006 36.37 0775248600 33-117-23-32-0031 36.37 0260058900 33-117-23-33-0057 12.14 0260059850 33-117 -23-42-0001 28.31 0170058150 33-117-23-44-0032 19.84 0940242150 33-117-23-44-0038 22.53 0975242750 34-117 -23-23-0043 12.14 0872055921 34-117-23-32-0014 36.37 0555058300 34-117-23-33-0009 21.31 0425060850 34-117 -23-33-0039 30.82 0425060900 34-117-23-44-0015 37.59 0570227400 34-117-23-44-0031 19.84 0305227600 36-117-23-21-0009 36.37 0740055800 TOTAL LEVY NO 16161 $ 1,401.89 11/2/2004 MUNIC CODE 26 LEVY NO 16162 EXHIBIT E SUMP PUMP PENAL TV PIDNO. AD ON NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117-23-44-0049 1200.00 0705053550 TOTAL LEVY NO 16162 $ 1,200.00 . . 11/2/2004 ~---- MUNIC CODE 26 EXHIBIT F LEVY NO 16163 CITY CLEAN-UP PIDNO. AD ON NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117 -23-23-0023 13.00 0375207200 25-117-23-24-0034 13.00 0892201500 25-117-23-32-0012 13.00 0815050250 25-117 -23-32-0023 27.00 0485205750 25-117-23-34-0012 27.00 0780054050 25-117-23-34-0022 27.00 0780053850 25-117-23-34-0025 27.00 0270203450 25-117-23-44-0049 3.71 0705053550 26-117-23-11-0044 27.00 0435046450 26-117-23-11-0050 27.00 0550211050 26-117-23-14-0011 13.00 0685049410 26-117 -23-14-0022 27.00 0385209400 26-117-23-14-0025 13.00 0385210000 26-117-23-14-0085 13.00 0550211750 26-117 -23-14-0087 13.00 0285049250 30-117-23-33-0026 13.00 0255043700 31-117-23-14-0008 13.00 0635274050 31-117-23-44-0015 27.00 0500274100 32-117-23-11-0014 27.00 0825256450 32-117-23-12-0002 13.00 0330054550 32-117-23-13-0008 27.00 0330057750 32-117-23-14-0026 27.00 0775257800 32-117-23-31-0013 27.00 0110059950 32-117-23-31-0024 13.00 0775266750 33-117-23-12-0025 - 27.00 0320246950 33-117-23-13-0003 .' 27.00 0775246200 33-117-23-13-0029 27.00 0155057050 33-117-23-21-0033 13.00 0470054200 33-117-23-21-0045 13.00 0320251350 33-117-23-22-0007 13.00 0585255400 33-117-23-22-0014 27.00 0260055251 33-117-23-22-0014 27.00 0260055551 33-117-23-22-0020 27.00 0905054400 33-117-23-23-0028 27.00 0260057400 33-117-23-24-0006 27.00 0775248600 33-117-23-32-0031 27.00 0260058900 33-117-23-33-0057 13.00 0260059850 33-117-23-42-0001 . 13.00 0170058150 33-117-23-44-0032 13.00 0940242150 33-117-23-44-0038 13.00 0975242750 34-117-23-23-0043 13.00 0872055921 34-117-23-32-0014 27.00 0555058300 34-117-23-33-0009 13.00 0425060850 34-117-23-33-0039 13.00 0425060900 34-117-23-44-0015 13.00 0570227400 34-117-23-44-0031 13.00 0305227600 36-117-23-21-0009 27.00 0740055800 TOTAL LEVY NO 16163 $ 923.71 . . 11/2/2004 . MUNIC CODE 26 LEVY NO 16164 EXHIBIT G DRY HYDRANT PIDNO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 30-117 -23-33-0026 80.77 0255043700 TOTAL LEVY NO 16164 $ 80.77 . . 11/2/2004 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 November 2, 2004 Ron Johnson 5355 Shady Hill Circle Shorewood, Minnesota 55331 Re: Sump Pump Surcharge . Dear Mr. Johnson; .' I have reviewed a letter datedDctober 31~2004; that you sent to Bonnie Burton, the City's Finance Director/Treasurer. Yourais~ several issues regarding the appeal of the sump pump surcharge that may be certified to Hennepin County in 2004as a delinquent payment. This matter is identical to the one involving you in 2003, and is.being handled in exactly the same way. The Shorewood City Council typically takes up the matter of certifying delinquencies at one time, -c-7"=""-=-~uaRy-in,Gett>ber~r-:Nevembel'...cT-bis"gGhedul&gives,pr.aperty.,ewnerscas"muGh.4im.e"ascpossib~"..... to make payment and remove their delinquent status before the County's deadline for certification. . The notice of delinquency sent to you on August 16, 2004, related that you had ''the right to request a hearing before the City Council to explain why the. account has not been paid and request thatthe . delinquent amotmt not be added" to your property tax statement. The letter also noted that "[i]f a hearing is requested it will be held at 7:00 p.m. on October 25, 2004"; Hence, we did not.-belie\le-that---- it was necessary to contact you after you sent a letter requesting a hearing. As matters took their course, the matter of delinquencies was scheduled for November 8, 2004. We sent you a letter on October 28, 2004, to advise you of this date. As you sent a letter on August 18 requesting a hearing, you have. had over two months to prepare your appeal to the City Council. You also note the absence of ''the benefit accounting for the proposed tax special assessment." As we made clear at during Council discussion in 2003 of your sump pump surcharge and in subsequent -paper~..filed-in4eSPQnse-tQ..yQur-subsequenUa.wsuit,..the-City2s-Surchargels-permittecLas-8...teasonable cost under M.S. 444;075. The "benefit accounting" that you assert is "mandatory" does not apply to such charges under this statute. n ~., PRINTED ON RECYCLED PAPER Ron Johnson November 2, 2004 Page 2 The 2004 sump pump surcharge on your property has been entirely an administrative matter thus far. The notification sent to you in August and the notice of scheduling sent to you last week have not been related to any litigation or court submissions you have f1led. Neither letter has been done at the behest of the City Attorney, Mr. Keane, or our Special Counsel, Mr. Hoff. Rather, our Finance staff has handled these communications to you in the same way as any property owner with a delinquent account. Mr. Hoff has been representing the City regarding sump pump surcharges from prior years, as you have filed litigation against the City on them. Should the sump pump surcharge that may be certified in 2004 become a matter of litigation, Mr. Hoff may be involved subsequently. . As you requested, your hearing has been scheduled for next Monday, November. 8, if you wish to state your appeal of the delinquent sump pump surcharge to the City Council. . .. ...-.-.---..-....-e;...-.......Bonnie.Burton-...-..-.---..-......--.-............--...-.....-.....---.--'--.-..--.-.----....-.....--..--..--....-..---------.-.-..-......-....-..----.-..:...-----.- .-.--.------ ...--- George Hoff Tim Keane RON JOHNSON October 31, 2004 . 5355 Shady Hill Circle Shorewood, MN 55331 Ms. Bonnie Burton . Fin~ce Directorffreasurer City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Ronald Richard Johnson v. City of Shorewood, etc., et aL, Court File No. AP03-20830 Dear Ms. Burton: I have your letter dated October 28, 2004, metered and postmarked October 29, 2004, . which I received on Saturday October 30, 2004 regarding substantially City demands for payment of sump pump charges. Kindly consider the following and get back to me in writing promptly, thank you. 1. Merely 7 day notice of hearing is insufficient due process and the City (through you) has not yet provided the benefit accounting for the proposed tax special assessment. 2. I requested the hearing on August 18, 2004 in prompt response to. the City's payment demand dated August 16,2004 and heard nothing until your October 28,2004 letter. 3. The timing of your belated letter suggests it was in response to court submissions recently filed, possibly Shorewood's submission to the court dated October 26,2004. 4. Your letter is shown copied to legal counsel, Timothy J. Keane, who is shown copied on Mr. Hoff's October 26, 2004 letter. This suggests Mr. Keane put you up to writing yours. . 5. Mr. Hoffis counsel for Shorewood's subrogee insurance camero His October 26, 2004 letter - - shown copied to the court - - references the pending "sump pump charge" litigation. 6. His October 26, 2004 letter indicates Mr. Hoff wishes to control all City communications regarding the "sump pump charge matter". Nowhere does your letter reference Mr. Hoff. . . 7. On or about June 22, 2000 - - yes - - year 2000, Mr. Hoffwas served my federal court pleading the "sump pump" charge was injurious. Since then the City has conducted its own defacto court levying the charges. 8 . Your letter says nothing about the City providing the mandatory benefit accounting. As you recall, the City refused to provide same previously asserting the sump pump charge was not subject to Minn. Stat. 429.081 and, thusly, a benefit accounting was not required. In his October 28, 2004 letter Mr. Hoff indicated the City now admits this statute, hence the missing benefit accounting, applies. Please consider the foregoing, provide the benefit accounting for the City's proposed tax special assessment, and reschedule the hearing. I look forward to your prompt reply. C: George C. Hoff Lisa Hahn-Cordes ',. 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 October 28, 2004 Mr. Ronald Johnson 5355 Shady Hills Circle .Shorewood,:MN 55331 Re: Delinquent Utility Charges - $1,712.52 Service Address: 5355 Shady Hills Circle, Shorewood, :MN 55331 . Dear Mr. Johnson: The City is in receipt of your letter dated August 18, 2004, requesting a hearing before the City Council to explain why the above referenced account has not been paid. Please be advised your opportunity to be heard by the City Council on this matter is Monday, November 8,2004, at 7:00 p.m., or shortly thereafter, in the City Council chambers at Shorewood City Hall, 5755 Country Club Road. Should you have any questions relating to the above matter, please contact me at 952- 474-3236. . Sincerely, CITY OF SHOREWOOD Bonnie Burton . Finance DirectorfTreasurer Cc: Craig W. Dawson, City Administrator Timothy J. Keane, City attorney v" o PRINTED ON RECYCLED PAPER t' ':.; . AUG 2 0 2004 RON JOHNSON August' 18, 2004 5355 Shady Hills Circle Shorewood, MN 55331 Michelle Nguyen City of Shorewoocf 5755 Country Club Rd. Shorewood, MN 55331 Re: Shorewood letter demand dated August 16, 2004. Dear Ms. Nguyen: . The recipient of the City's demand, Ronald R. Johnson, hereby objects to the demand. The City for years knew that this matter was part of Johnson's inverse condemnation (takings) case now pending in (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the matter currently before the Honorable Tanya M. Bransford; or due in the U.S. Supreme Court on or about September 2, 2004; and, (5) the case pending before the Honorable Ann L. Alton in which the Honorable Chief Judge Kevin S. Burke issued an order, a copy of which is enclosed herewith. . In short; enacting-and enforcing City Code 904.09 (the sump pump code) - - after the Honorable Ann D. Montgomery ordered the City to pay Johnson U.S. Constitution Fifth Amendment taking compensation for his land the City took - -, the City had homeowners remove their sump pumps, including for swimming pools, from the City's sanitary sewer pipes and instead put that water to City streets and to the City's regional storm sewer system, water it dumps on Johnson's property which Judge Montgomery adjudicated a taking. On May 21, 2004 Chief Judge Burke found that (1) Shorewood still has not paid any compensation for the land it took; and (2) the City breached settlement agreements the City had entered into regarding. The evidence was provided by the City's legal counsel retained by the Minnesota League of Cities Insurance Trust. Same counsel also provided similar evidence to Judge Bransford. Bottom line, Johnson is not "delinquent" as you assert, - - a false averment in itself actionable. In fact, Shorewood owes Johnson money on the "water and/or sewer utility account" as well as $ millions injust compensation for taking Johnson's land to construct the City's Waterford subdivisions and, also, took Johnson's home parcel. See. e.g. the deposition of Bradley J. Nielsen in the Judge Montgomery case asserting that Johnson's home must be demolished for a public street (another City uncompensated taking) - - the City failed to enforce its street access code governing its Waterford development constructed by contractors the City hired. Finally, your demand notice is invalid in that it failed to mention that Johnson has specific appeal rights under Minn. Stat. 429.081. See. Minn. Stat. 429.061 on due process of law City procedures mandated by the Legislature, Le. "[T]he notice shall also state that an owner may appeal an assessment to district court pursuant to section 429.081 by * * *". Minn. Stat. 429.061 entitled: "Assessment procedure" at subd. 1. As Chief Judge Burke in effect ruled, statute 429 must be strictly followed and strictly construed. Please confirm immediately in writing Johnson's request for a City hearing on its August 16, 2004 demand which failed to comply with statute. Enclosure - Order dated May 21, 2004 by Chief Judge Burke. . C: Craig W. Dawson, City Administrator Hennepin County special assessment division . 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 . August 16, 2004 Ronald Johnson 5355 Shady Hills Cir Shorewood, MN 55331 Service Address: Account Number: Delinquent Amount: .. Property In Number: 5355 Shady Hills Cir 0705053550 $1,712.52 25-117-23-44-0049 . The water andlor sewer utility account for this address is delinquent. As the owner of this property, you are responsible for payment of the bill. Please forward your remittance in the. above amount prior to September 15, 2004 toavoid penalties and interest. Please call (952) 474-3236 if you have questions. regarding your balance. All delinquent accounts will be certified to Hennepin County and an Administrative Penalty will be added to each account. The total amount plus 8% interest and a Hennepin County fee will be added to your 2005 property taxes. Once certified to yoUr taxes, there is no procedure for deferring payment of this amount or paying only part of the amount. Therefore, if your circumstances require partial payments, you are. urged to contact the City of Shorewood Finance Department immediately to make arrangements. . . . You have the right to request a hearing before the City Council to explain why the account has not been paid and request that the delinquent amount not be added to your property taxes. This request for a hearing will be considered your objection to the City's proposed action. You have until October 1,2004 to request such a hearing. The request must be submitted in writing to my attention and delivered to City Hall by 4:30p.m. on that day. If a hearing is requesteP it will be held at 7:00 p.rn. on October 25,2004 in the City Council Chambers at City Hall. You may not appeal the City's decision to certify the amount as part of your property. taxes unless you file your written objection and request a hearing. If you file that written objection, you may appeal to District Court by se.rving notice of the appeal upon the Mayor or City Clerk within 30 days after the Council's decision and filing notice with District Court within ten days after service on the Mayor or City Clerk. " Your prompt attention to this delinquency is required. We have the right to turn off the water at all properties and require a deposit if final bills are left unpaid.. Please return this letter with your check to insure proper credit to your account. Sincerely, , // ~111?'i:t '-j&r{~r-- Michelle Nguyen cJ f Utility Billing Cc: Bonnie Burton, Finance Director 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 DATE: November 4, 2004 TO: Mayor and Council Members . FROM: Craig W. Dawson, City Administrator/Clerk RE: Planning Commission Appointment Recently, Commissioner Donna Woodruff resigned from the Planning Commission. Council may consider extending an appointment to one of the following candidates who interviewed earlier this year for the Planning Commission. . Scott Williams, 5955 Country Club Road . David Meyer, 19675 Chartwell Hill This Planning Commission vacancy is to be filled for the term ending February 28,2005. . Council Action Should appointments be made at tonight's meeting, a motion to adopt a Resolution making. Planning Commission appointments is in order. n ~.1 PRINTED ON RECYCLED PAPER #= LIe, CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION MAKING PLANNING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood advertised for Shorewood residents to apply to serve on the Planning Commission; and WHEREAS, the City Council did complete interviews and selection procedure for appointment to said Commission. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointments to the Planning Commission effective November 8, 2004, with the term expiration as indicated: Planning Commission Member: . Term 1. February 28, 2005 Said appointments complete the seven member Planning Commission which consists of the following additional members: Member Term 2. Ann Packard February 28,2007 3. Jeff Bailey February 28,2007 4. Kevin Conley February 28,2007 . 5. Kathe White February 28,2006 6. Bruce Gnifike February 28,2006 7. Bob Gagne February 28, 2005 ADOPTED BY THE CITY COUNClL OF THE CITY OF SHOREWOOD this 8th day of November, 2004. 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 . DATE: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works ~ November 4, 2004 TO: FROM: RE: Radission Road Presentation and Update by WSB and Associates WSB and Associates was directed to prepare a traffic study for Radission Road. This on behalf of a petition received by the residents who live on and around Radission Road stating that the subject roadway is being utilized as an alternate route to State Highway 7. Attachment 1 is the Origin Destination (00) study that was completed by WSB and Associates for the City Council's reference. The report concluded that there is a high number of cut - through trips on Radission Road. . Mr. Rickart and Mr. Hutton, of WSB and Associates, will be presenting alternatives to minimize cut through traffic on the subj~_ct roadway. Staff is seeking feedback on the alternatives and associated cost estimates. Once received, Mr. Rickart will finalize the report and submit this for acceptance by the City Council. j::f ID Pc. n ~~ PRINTED ON RECYCLED PAPER Radisson Inn Road Origin and Destination Study License Plate Survey for the City of Shorewood February 12, 2004 On behalf of area residents who were concerned about the number of vehicles using Radis- son Road instead of TH 7 to make through trips between Christmas Lake Road and Old Market Road and/or Vine Hill road, the City of Shorewood asked WSB and Associates to conduct a survey to document the traffic volumes and pass through trips during the AM and PM peak periods. This was accomplished by performing a vehicle license plate survey at the intersections of Radisson Road with Christmas Lake Road and Covington Road on Thurs- day, February 12, 2004. The morning survey was conducted between 6:10 and 10:00 AM; the evening was surveyed between 2:30 and 6:20 PM. Analysis Tabulation The enclosed tabulation documents the information gathered for analysis during the survey. The table is divided into three parts under three major headings: · The west recording station located at Christmas Lake Road · The east station at the intersection of Covington Road and the TH 7 south frontage road · Vehicle match Each of the two station headings is broken down into several data columns. The first column is a number that identifies each vehicle passing through the station using consecutive num- bers for the survey. The second column under the east station (Covington Road) indicates the 10 numbers of the vehicles that match those that were recorded at the west station (Christmas Lake Road). A similar column is not included under the west station. A vehicle license number was entered in the next column for both stations. Note that these numbers do not have a uniform format as truck and bus license numbers as well as vanity plates, conservation plates, licenses from other states, etc., use a variety of formats that may differ from Minnesota's common three letters and three numerals (or vice versa). Those plate numbers that were recorded at both stations (presumably through trips) have been shaded as follows: Eastbound vehicles originating at the west station Westbound vehicles originating at the east station An eastbound or westbound direction for each vehicle passing through the stations was en- tered in the next column and the time of day in the next. The east station includes two col- umns indicating by an "X" whether eastbound vehicles passing through the station continued on Covington Road or the TH 7 frontage road, or which of those two roads was the origin for westbound vehicles. Shading as indicated above has been used to highlight the through trips in those two columns. Time of day for each vehicle passing through is indicated in the next column for each station. An "X" in one or the other of the next two columns indicates AM or PM. Comments, either provided by the station observers or those potentially pertinent to the analysis, are noted in the "Remarks" columns for both the east and west stations. ! . . -. . . - Page 2 - An "X" has been placed in one of the three "Match" columns for each vehicle recorded at both stations (through trips) as follows. The "X" entries are red or green corresponding to the direction of the trip as indicated by the shadings on the previous page. · The "Possible" match column indicates that even though a match was found, either the elapsed time was sufficiently long enough to presume that a stop was made somewhere in the neighborhood before passing through the second station; or the license numbers, though indicating the possibility of actually being the same, had too many differences to give much certainty to a match. (It should be noted that when several closely spaced ve- hicles are approaching a station, the observer has very little time to read and record each license number. Furthermore, dirty plates are a common problem, particularly at this time of year. There is no opportunity to check what was recorded and accuracy can be com- promised at times. This is further discussed in the discussion of the next column.) Where a possibility of a match has been determined to be particularly remote - even though it has been recorded, a question mark rather than an "X" has been placed in this column. In one case in this survey, the elapsed time between stations was 96 minutes. (Through trips generally took two to four minutes.) It can be assumed that legitimate stops were made within the area for those through trips with long durations. · The "Likely" column indicates those matches that are quite probable although there is some discrepancy in the plate number recorded at each station, e.g., it is possible that a transposition has occurred in one of the numbers or, in the case of one observer reading out loud while another records, a misunderstanding occurs such as the letter "A" being heard as the number "8." Office misreading of hurriedly written observation recordings can also occur. · The "Exact" column was checked when there were exact matches between plates ob- served at both the east and west stations and no time discrepancies were noted. Summary The following points are summarized from the tabulation: · Total AM observations (both directions): c 75 at west station c 106 at east station · Total PM observations: c 105 at west station c 119 at east station · Total pass through trips: 88 c Total AM EB: 22 - To Covington Road: 10 - To TH 7 south frontage road: 12 c Total PM EB: 22 - To Covington Road: 13 - To TH 7 south frontage road: 9 c Total AM WB: 10 - From Covington Road: 6 - From TH 7 south frontage road: 4 c Total PM WB: 34 - From Covington Road: 16 - Page 3 - J - From TH 7 south frontage road: 18 · Total AM EB trips from West Station: 42; Total AM EB through trips: 22 - 52% · Total AM EB trips through East Station: 77; Total AM EB through trips: 22 - 29% · Total PM EB trips from West Station: 45; Total PM EB through trips: 22 - 49% · Total PM EB trips through East Station: 45; Total PM EB through trips: 22 - 49% · Total AM WB trips from East Station: 29; Total AM WB through trips: 10 - 34% · Total AM WB trips through West Station: 33; Total AM WB through trips: 10- 30% · Total PM WB trips from East Station: 74; Total PM WB through trips: 34 - 46% · Total PM WB trips through West Station: 50; Total PM WB through trips: 34 - 68% Conclusions The analysis indicates that there are a relatively large number of through trips on Radisson Road, ranging from 29% to 68%. The latter is associated with the number of westbound through trips at Christmas Lake Road in the PM peak. The largest number of through trips in . one direction is 34 westbound trips in the PM peak. Overall, a total of 88 through trips were observed over both peaks out of a total volume of 180 trips passing the westerly station and 225 passing the easterly station. These numbers could be considered higher than what might be expected for traffic using lower level streets to bypass major arterials. The through trips in both directions were somewhat evenly divided between those arriving or departing the split at the Covington RoadlTH 7 south frontage road. This finding would tend to lessen the presumption that most of through traffic is related to Minnetonka High School. It could also be said that there is some legitimacy associated with the Covington Road through trips as the use of Radisson Road reduces the distance from TH 7 to the Covington Road intersection with Vine Hill Road. However, it would seem that a better choice of a street for that through traffic would be Old Market Road. . . "';~~st~tittio~ , . ','" " m ""...,.. IlIhltcli: Christmas LBkeRoad ......, , ad .. . ci Lk:ense. airE!c~ '.' <.... ..... iii 9j z: AM PM Aiv' PM i.~ .c N .... Ime I"" $ Ci:)v;': III tiQIl 0" CD o'i " ....: .,'" D.o ;;.J > i.'.,...... ,. B(:I, . ',. . "."" ..:,",'. ':. ...I FOL657 WB 6:12 .,.. ," 1 X 1 K ? 572 WB X 6:18 X ;Iil,f[- WB 6:16 X 2 HTM 103 EB X 6:20 X EB 6:34 X 3 HOU 174 EB X 6:22 X 4 (?) EB 6:35 X Truck Plow 4 MTF? EB X 6:23 X 5 CPO 358 WB 6:45 X 5 MTF 581 EB X 6:31 X Second Time Through? 6 (?) W 952 EB 6:47 X 6 KQT 617 EB X 6:33 X 7 HFl227 WB 7:03 X 7 KED 244 EB X 6:35 X 8 73-802 WB 7:06 X School Bus 8 3 EB . 6:35 X X -- KJL 385 EB 9 . it' ..;. j EB 7:09 X 9 X 6:37 X 10 LJK 698 EB 7:10 X 10 ?M? 600 EB X 6:39 X ". WB 7:12 X 11 JJL 423 EB X 6:41 X WB 7:14 X School Bus 12 FNU 784 EB X 6:46 X 13 WB 7:15 X 13 982 PJH EB X 6:50 X 14 EB 7:15 X 14 BWS 292 EB X 6:51 X 15 WB 7:16 X 15 FAN 739 EB X 6:55 X 1670-476 WB 7:20 X 16 HO? 531 EB X 7:00 X 17 JGR 769 WB 7:26 X 17 73-809 WB X 7:03 X 18 , EB 7:30 X 18 LUZ 803 EB X 7:04 X ~i:! 19 HPL 469 EB 7:33 X 19 KTV 714 WB X 7:08 X 20 EB 7:39 X 20 BWJ 933 EB . X 7:11 X 21 WB 7:47 X 21 9 EB 7:12 X X 22 EB 7:47 X 22 12 WB 7:12 X Bus X 23 HZO 515 EB 7:48 X 23 CRN 523 EB 7:13 X 24 WB 7:50 X 24 KVY 488 EB X 7:13 X 25 EB 7:50 X 25 CRN 523 WB X 7:14 X 26 WB 7:52 X 26 13 ~$l?:.''7:~~..'.:. WB , 7:14 X X 27 EB 7:52 X 27 M57 -58 EB X 7:15 X 28 EB 7:54 X 28 15 WB *rif 7:15 X X 29 EB 7:56 X 29 14 EB 7:19 X X 30 EB 7:57 X School Bus 30 BW 931 WB X 7:20 X 31 EB 7:57 X 31 LKJ 695 EB X 7:21 X 32 LPT 176 WB 7:57 X 32 FZP 421 EB X 7:21 X 331~"{!Jrf_"'~) EB 7:59 X 33 FZE 649 WB? X ? 7:30 X ,,' ~ l' ~," - - i' .~,. '.' .. "'." , wmi... \_,~;,~,<~,;.:>t, -~;;~,f~""I~;} . . Radisson Inn Road License Plate Survey February 12, 2004 Page 1 of 7 '. .. ".:". '.' t:Sfafion . ,. Match .'r: C ... ...... .,..,..,.:"T..:""':" ." ...,.,.. " . ....... ci ,... "" iii ~ .Z' 'Ill.. R' III CD CD' .c '0 ,.llll >- CD ...!'"'~. I'.......:'.... Q:. .;:j' > " ....... I", '.,..,....' 341__ EB 8:00 X 34 FZE 649 EB X 7:30 X Turned around 35, . EB 8:02 X 35 JUL 940 EB X 7:33 X 36 KlC 562 WB 8:04 X 36 GWF 266 EB X 7:34 X 37 ~)"~,)Z:4?:~:: WB 8:05 X 37 18~ EB xl-f 7:34 X X 38 JZX 664 EB 8:08 X 38 EB 7:36 X 39 ... EB 8:11 X 39 LHY 607 EB X 7:38 X ,. 40 ERE 756 EB 8:16 X 40 20 , EB 7:42 X School bus X 41 ,.., EB 8:17 X Second Time Through 41 GHO 388 WB. X 7:42 X - 42 OFX 107 EB 8:18 X 42 21 WB 7:44 X X 43 ,. EB 8:20 X 43 GSS 274 WB X 7:46 X 44 436 PMB EB 8:20 X 44 24 WB 7:47 X X 45 CUC 322 EB 8:22 X 45 GW 173 EB X 7:48 X 46 KB (?) WB 8:22 X Snow Plow 46 JRR 738 EB X 7:49 X 47 ~ EB 8:22 X Second Time Through 47 ESB 253 EB X 7:49 X 48 EB 8:30 X 48 26 1l:;IThI;,~@ WB 7:50 X X 49 l 9887 EB 8:35 X 49 KRU 995 EB l X 7:52 X ~ EB 8:37 X School Bus 50 22 EB ., 7:52 X X 51 LCX 134 WB 8:45 X Time may be in error 51 25 EB 7:53 X X 52 KLC 562 EB 8:53 X Second Time through, 52 27 EB 7:55 X X time may be in error - EB 8:54 X 53 111 PVY EB X 7:55 X 54 WB 8:55 X 54 FEP 178 WB X 7:56 X 55 WB 8:55 X UPS Truck 55 MG 720 EB = X 7:56 X ;~I-- EB 8:59 X 56 28 EB 7:58 X X EB 9:00 X 57 29 EB 7:59 X X 58 HME (?) WB 9:00 X 58 FEP 178 EB 7:59 X Second Time Through 59 HJJ 98 WB 9:02 X 59 30 .~.,~~ EB 8:01 X Bus X ~:; 60 BJ 382 WB 9:04 X 60 LG 323 EB X 8:01 X 61 OYG 162 WB 9:05 X 61 33 y"",. - EB , 8:01 X X ~ ..: ., ~. 62 987 (?) WB 9:05 X 62 HOU 556 EB xl 8:01 X 63 GWH 280 WB 9:21 X 63 FI WB~ X 8:03 X :t:b~~~ EB 9:22 X 64 31 EB 8:03 X X EB 9:24 X Snow Plow 65 37 WB 8:03 X X Radisson Inn Road License Plate Survey February 12, 2004 .. Page 2 of 7 . ... I, .... I'~l License I.1J. No. r 66 ~LW612 WB 67 XE 6931 EB 68 'FVM$'t~ WB 69 74-298 EB 70 FJH 369 EB 71 FJH 369 WB 72 FSZ 874 WB 73 KJK 433 EB 74 KLC 562 WB 75 CJG 038 WB atio AM ',". .. 9:27 X 9:31 X 9:36 X 9:40 X 9:44 X 9:50 X 9:53 X 9:53 X 9:57 X 9:59 X Taxi Taxi !dlsson Inn ROl\d License Plate suo! Februalry 12, 2004 ..'...,....111... Station . . <. . . . . ~i C' :- . .. .... ""'" ..... ..,.. ,." "..', ..... "'" ........,. 66 3q EB 8:04 X X 67 DPT 743 WB X 8:07 X 68 DSL 730 EB X 8:07 X ~69 '.' EMB023 WB ......< X 8:09 X..". i~ ,- ",' , ". 3 Minute gap ..l~ 70 GSL 730 EB X 8:13 X H 39... ~~ I~",....,...x x~ m ~ X 74 41" ", EB": 8:20 X Second Time Through X 75 GVV 173 WB X 8:20 X 76 J8T 869 EB X 8:21 X Could this be "JAT"? 77 KBN ? WB X 8:21 X 78 LBT 042 WB X 8:21 X 79 43&; EB X;. 8:22 X X 80 LKK 489 EB 8:25 X 81 47 EB 8:27 X X 82 ""' GCZ 946 EB 8:28 X B3 E EB X~ 8:28 X 84 '" EB 8:40 X X 85 GGR 011 EB 8:40 X 86 JNP 682 EB . .X 8:44 X 87 54 WB 8:52 X X 88 55 WB 8:53 X X 89 53 EB . 9:00 X X Second time through? I(See V. No. 78, above) 90 LBT 042 EB X 9:00 X 91 57 EB 9:02 X 92 DFX 107 EB X 9:07 X 93 DPI; 743 WB X 9:09 X 94 LLK 276 EB X 9:18 X 95 GGW 582 EB X 9:21 X X Page 3 of 7 ::. .... .. ':'" :.::. :i ::..: ." :'.,...: ..... .::.' ....::> .::..:' = ci z 'Time: arkS UI ~ ....'t! ~ I .> :. ;.,.",0. 96 HTD 917 EB X 9:23 X 97 64 0.'" EB 9:25 X X 98 OPE 943 EB X 9:30 X 99 '68 e.ifl~~f WB 9:34 X X 100 LJL 323 EB X 9:34 X 101 KCG 211 EB X 9:35 X 102 DPE 743 WB X 9:39 X 103 1A 287 EB X 9:49 X 104 KCA 897 EB X 9:51 X 105 FNU 784 WB X 9:53 X 106 JTU 858 WB X 9:55 X ,.~ - ..~ 76 LLK 629 EB 2:31 X 107 JLZ,940 WB X 2:31 X I 771KVW 211 I EB 2:31 X 108 IiiJjiI 2:33 X 78 WB 2:37 X 109 78 WB 2:34 X X 79 WB 2:37 X 110 79 WB 2:35 X X 80 (?) EB 2:38 X School Bus 111 P77 PKQ EB X 2:37 X 81 A 2242 WB 2:42 X 112 FSW 600 WB X 2:37 X 82 HME 910 EB 2:50 X 113 74-026 EB X 2:39 X Bus I 83.... EB 2:51 X 114 FYR 459 WB X 2:41 X 84. . EB 2:53 X 115 CJS 063 EB X 2:51 X 85 FVM 973 WB 2:55 X Second time through 116 BCX 892 WB X 2:53 X 86 OYG 162 WB 2:55 X Plate no. error? 117 G ? 025 EB . 2:57 X Dirty plate 87 (?) EB 2:56 X School Bus 118 88 ~~~.~1;\g.. WB 2:57 X X 88 EE:P(Sp4q WB 2:59 X 119 70-488 EB X 2:58 X 89 KLF 156 WB 3:01 X 120 DYD 855 EB X 3:00 X 90 KV(?l ....: WB 3:06 X Dirty truck 121 3317637 EB X 3:01 X Mail truck 91 (?) WB 3:15 X Snow plow 122 90. WB 3:03 X X 92 BWJ 931 WB 3:17 X 123 84 EB 3:07 X 14 Minutes X 93 CUG 341 EB 3:19 X 124 006 PWN WB X 3:10 X I :r..~ WB 3:20 X School bus 125 94 WB . 3:16 X X EB 3:21 X 126 DYD 855 WB 3:20 X Second time through 96 D2 WB 3:24 X 127 436 PNR WB X 3:21 X Radisson Inn Road License Plate Survey February 12, 2004 . Page 4 of 7 , . Wesf'Station :". F. EasfSfatior)" Christl11~~:J;;ak~RQ~c:r. . . . . .' F., Match , "" .' ..:..'~o"irlgtq!lflQClcl" '~~j@l<i1V{ ,.c; .' . ci Licer:l$,~ pjJ'~c" ' FromJTo !~ >- z pM :Remarks.,:, . .. UI ;c No..',.. .. .1i.qrl '..X 't! II) '" .:,:", ..': . ... ....::ii. .:> .. 97 436 PNB WB 3:24 X , 128 96 WB 3:22 X X 98 CJG 038 WB 3:26 X 129 95 EB 3:22 X X 99l~ . 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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: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: October 21,2004 . BE: Update County Road 19 - Smithtown Road Intersection Improvement Bids were received and opened on Wednesday, October 20, 2004, for the County Road 19 - Smithtown Road Improvement Project. Attachinent 1 is the Bid Tabulation for the project. 'The low bid was provided by Eureka Construction; Inc., for a total bid amount of $ 3,566,322.45. Table 1 is a summ81j' of the bids received. Firm -::.- Amount Bid Eureka Construction, Inc. $ 3,566,322.45 Park Construction $ 3,901.534.86 Hardrives, Inc. $ 3,936,121.99 Midwest Asphalt. Inc. $ 3.998,641.80 Bituminous Roadwavs, Inc. $ 4,131,833.78 En~ineers Estimate $ 3,147,978.50 . Table 1 Council will recall that bids had been rejected from the original bidding of the project. At that time, the original low bid was $4,049,602.79. Table 2 below, is a breakdown of the associated costs for each entity. =!FlOG o PRINTED ON RECYCLED PAPER .' Mayor and Council Update County Road 19 Intersection October 21, 2004 Page 2 of 3 Bid Amount AMOUNT $ 3,566,322.45 AGENCY . Shorewood State Aid Roadwa Shorewood State Aid Storm Sewer Shorewood State Aid Streetsca in Subtotal Shorewood State Aid Fund 635,216.30 280,622.17 65,982.33 981 820.80 Shorewood Local Roadwa Subtotal Shorewood Local Roadwa Fund $ 50,910.00 $ 50 910.00 Total City of Shorewood $ 1,032,730.80 . $ 2,087,307.10 $ 153,158.24 $ 118,980.50 $ 57,938.22 $ 2,417,384.06 Table 2 Other costs that are to be added to the total project costs for the City of Shorewood are right of way costs, construction engineering, signal equipment supplied by Hennepin County and the undergrounding of utilities. Table 3 represents the current estimated values for these items, based on the time of the writing of the cooperative agreement. Mayor and Council Update County Road 19 Intersection October 21, 2004 Page 3 of 3 Right of Way Acquisition Costs (per Coop A reement) Construction Engineering (8.0% of Final Construction Per Coo . A eement) Portion of Signal Cabinet and Equipment Supplied by Henne in Coun Portion of Undergrounding of Utilities $ 250,000.00 $ 285,305.80 $ 5,940.00 Total $ 578,528.61 $ 37,282.81 Table 3 Undoubtedly, there will be fluctuations in the final amounts, since some of the items are based up_on percentages of final construction. Knowing that "the question will be asked", the total that is considered the City of Shorewood's portion (including all of the Shorewood State Aid amounts) would then be estimated at $1-,032,730.80 + $578,528.61 or $1,611,259.41. Again, it is vitally important to note that $1.523.066.60 of the above total is eligible for State Aid reimbursement. Having stated this, Staff was performing status checks with the Department of Minnesota State ~<Ja during compilation of this report. Much to our surprise, Staff was informed that while the City OW Shorewood had placed a reserve for advance funding with the State Aid Office, that funds were not guaranteed. Fund availability was dependent upon a first come first serve basis. At that time, (the State had many reserves anticipated, but few projects that had been bid. The State now reports that zero funds are currently available for advancement. While Staff acknowledged that there was not any guarantee of funds being available, that the State reported that the funds appeared to be available for this project. This late development has forced Staff to reconsider the financing alternatives to be considered. It is probable that the City may need to consider the selling of bonds for Shorewood's portion of the project. Payment for the bonds, bonding costs and interest can be reimbursed by the City's annual state aid allotment over time. While this would encumber the State Aid Fund balance for a number of years, it provides the City an option for completing the project. Staff is continuing to research financing alternatives. In addition, Staff is soliciting approval of the bid costs from Hennepin County. Therefore, it is anticipated that the award of the project will be placed on the Council agenda for November 8th, 2004. 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 City Council Craig W. Dawson, City Administrator t~ Larry Brown, Director of Public W orksYCity Engineer Bonnie Burton, Director of Finance November 4, 2004 Financing for CR 19 Intersection Project TO: FROM: . DATE: SUBJECT: When the Council considered the bids for the CR 19 intersection project at its October 25 meeting, . staff reported that we had received some surprising news very recently. The State Aid Office at MnDOT had informed us that $800,000 in advance Municipal State Aid (MSA) funding we had requested would not be available: Staff recommended that Council continue the matter of awarding the contract for this project to November 8, so that further work could be done regarding fin8I).ces. Weare pleased that we have much more favorable news. The State Aid Office contacted several cities that had requested and reserved MSA advance funding. It appears that several cities will not be constructing projects on schedules they had planned, and some reserves thus became available for Shorewood in the amount we had originally planned. . MSA Fundine: Available to Shorewood: Council may recall that the City's MSA-eligible costs, based on the bids opened October 20, were: Construction costs: $ 981,820.80 Non-construction costs: 578.528.61 (includes estimated costs) Total: $1,560,349.41 The apparent responsible low bid, submitted by Eureka Construction, is $3,566,322.45. The Engineer's Estimate (or "Opinion of Cost") was $3,146,789. The City's financing plan, based on the original Engineer's Estimate, was as follows using round numbers: $ 135,000 800,000 200,000 200.000 $1,335,000 MSA on account Advance MSA funding (2005-2007 construction and maintenance allocation) 2008 MSA construction allocation 2009 MSA construction allocation Total MSA cash available during construction contract n \,.1 PRINTED ON RECYCLED PAPER # 10 County Road 19 Project Financing Plan November 8, 2004, City Council Meeting Page 2 Assistance in Financine: from Hennepin County: We have spoken with Hennepin County staff regarding the $225,000 gap between the MSA-eligible cost and the MSA cash available during construction. The cash amount is important as the City is administering (and hence, paying) the contractor. As a way to help with the cash flow, Hennepin County is willing to delay submission of its invoices to the City for Shorewood's costs for right-of-way acquisition ($250,000 estimated) and construction engineering ($76,000). This $326,000 would cover the gap and provide a contingency of $100,000 for change order costs assignable to the City. This flexibility by the County would be formalized through a written commitment from Hennepin County. In turn, the City would be reimbursing the County for the $225,000 (whatever the final amount will be) with one to two later years' MSA funding allocations. . Revised Financine: Plan: By following through with the County's offer, the financing plan would be as follows: $ 135,000 800,000 200,000 200,000 200,000 25,000 $1,560,000 MSA on account Advance MSA funding (2005-2007 construction and maintenance allocation) 2008 MSA construction allocation 2009 MSA construction allocation 2010 MSA construction allocation (to be paid to the County, to assist the City for cash-flow) 2011 MSA construction allocation (and perhaps up to $125,000, to be paid to the County to assist the City with cash-flow) Total MSA funding Implication for City's Future MSA Roadwav Improvements: This financing plan does commit six full and one partial years' MSA allocations to the CR 19 intersection project. The City's MSA construction account would not begin to accumulate funds for other projects until 2011. . Alternative Financine: Options: . Stormwater Enteq>rise: Approximately $280,000 in costs for storm sewer/drainage improvements are MSA-eligible. A general policy in the City's Stormwater Management utility is that changes or improvements benefit the system, and thus are paid by all utility customers. Over time, all customers benefit; hence, these costs are not assigned on a per- subwatershed or per-property benefit basis. While the County Road 19 improvements are within the scope of the Stormwater Enterprise, there is a question whether they should be paid by all stormwater customers. They are needed only because of this intersection project, and there were no other stormwater improvements in the project area that would have been scheduled. While the Stormwater Enterprise is available for funding, it would not be appropriate to use this revenue source. . . County Road 19 Project Financing Plan November 8, 2004, City Council Meeting Page 3 . Bonding: Council has indicated reservations about issuing bonds for a County Road project; however, this is an alternative for Council to review. Under the rules for the use ofMSA funds, a city may use no more than 50 percent of its annual construction allocation for debt service on MSA projects. We received preliminary information from a public financial advisor: . 15-year bonds would provide $1,280,000 for project funding (based on 3.80% average interest rate and $110,000 available as 50 percent of MSA allocation). Total bonding cost = $1,650,000. . . 20-year bonds would provide $1,525,000 for project funding (based on 4.25% average interest rate and $110,000 available as 50 percent ofMSA allocation). Total bonding cost = $2,200,000. This approach would allow the City to accumulate approximately $100,000 per year for other MSA projects during the life of the bonds. It should be noted that the amount in the MSA construction allocation generally increases gradually from year to year. RECOMMENDATION: Staff recommends that Council accept the renewed advance funding offer of the MnDOT State Aid Office and the proposal by Hennepin County, and thus commit all of the City's future MSA construction allocations to fund the MSA-eligible costs for the County Road 19/5mithtown Road/Country Club Road intersection improvement project. 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 Jt' November 4, 2004 TO: FROM: RE: Accept Bids and Award Contract County Road 19 - Smithtown Road Intersection Improvement Project, City Project 97-08 S.A.P.216-020-02, Bids were received and opened on Wednesday, October 20,2004, for the County Road 19- Smithtown Road Improvement Project. Attachment 1 is the'Bid Tabulation for the project. The low bid was provided by Eureka Construction, Inc., for a total bid amount of $ 3,566,322.45. Table 1 is a summary of the bids received. . Firm Eureka Construction, Inc. Park Construction Hardrives, Inc. Midwest As halt, Inc. Bituminous Roadwa s, Inc. En ineers Estimate Amount Bid $ 3,566,322.45 $ 3,901,534.86 $ 3,936,121.99 $ 3,998,641.80 $ 4,131,833.78 $ 3,147,978.50 Table 1 Council will recall that bids had been rejected from the original bidding of the project. At that time, the original low bid was $4,049,602.79, or a $483,208.34. Table 2 below, is a breakdown of the associated costs for each entity. n ~J PRINTED ON RECYCLED PAPER Mayor and Council Update County Road 19 Intersection November 4, 2004 Page 2 of 3 AGENCY AMOUNT $ 3,566,322.45 Bid Amount . Shorewood State Aid Roadwa Shorewood State Aid Storm Sewer Shorewood State Aid Streetsca in Subtotal Shorewood State Aid Fund 635,216.30 280,622.17 65,982.33 981,820.80 Shorewood Local Roadwa Subtotal Shorewood Local Roadwa Fund $ 50,910.00 $ 50 910.00 Total City of Shorewood $ 1,032,730.80 . $ 2,087,307.10 $ 153,158.24 $ 118,980.50 $ 57,938.22 $ 2,417,384.06 Table 2 Other costs that are to be added to the total project costs for the City of Shorewood are right of way costs, construction engineering, signal equipment supplied by Hennepin County and the undergrounding of utilities. Table 3 represents the current estimated values for these items, based on the time of the writing of the cooperative agreement. Mayor and Council Update County Road 19 Intersection November 4, 2004 Page 3 of 3 Right of Way Acquisition Costs (per Coop A reement) Construction Engineering (8.0% of Final Construction Per Coo . A reement) Portion of Signal Cabinet and Equipment Supplied by Henne in Count Portion of Undergrounding of Utilities $ 250,000.00 $ 285,305.80 $ 5,940.00 . $ 37,282.81 Total $ 578,528.61 Table 3 Undoubtedly, there will be fluctuations in the final amounts, since some of the items are based upon percentages of final construction. Knowing that "the question will be asked", the total that is considered the City of Shorewood's portion (including all of the Shorewood State Aid amounts) would then be estimated at $1,032,730.80 + $578,528.61 or $1,611,259.41. Again, it is vitally important to note that $1.523.066.60 of the above total is eligible for State Aid reimbursement. . Staff presented an update for this item during the October 25, 2004 City Council meeting, stating that funding for the project was uncertain due to a shortfall in available funds from the Minnesota Department of State Aid (MSA). MSA Staff has worked diligently to obtain funding for this project. Attachment 2 is conformation from the office of MSA stating that an advance of $800,000 will be honored providing the City awards the construction contract at the November 8th City Council meeting. Staff has prepared a separate memorandum for Monday night's City Council meeting regarding the financing for this project. Recommendation Staff is recommending approval of the attached resolution that accepts the bids and awards the contract to Eureka Construction for the CR 19 - Smithtown Road Improvement Project. A resolution is attached for your consideration. . . CSAH 19 @ SMITHTOWN ROAD INTERSECTION IMPROVEMENT PROJECT Hennepin County Project No. 9821 S.A.P.27-619-18 City of Shorewood Project No. 97-08 S.A.P. 216-020-02/ S.A.P. 216-101-02/ S.A.P. 216-108-01 WSB Project No. 1388-01 Bids Opened Wednesday, October, 20, 2004,10:00 a.m. Bid Tabulation Summary Eureka Construction . X X $3,566,322.45 Park Construction X X $3,901,534.86 X X $3,936,121.99 X X $3,998,641.80 Bituminous Roadwa s X X $4,131,833.78 t:=> 10-041-3 ~1-3 1-3> >('1 t:=:= ~~ >~ ~~ 0.... Z $3,146,789.00 I hereby certify that this is a true and correct tabulation of he bids eceived on October 20, 2004. I hereby certify that this is a true and correct tabulation of the bids recei ed on October 20,2004. __Denotes Corrected Figure ."s- II I I I I I I I ;!;;:i:tl~R , ~ II J" ;b2... ~~~~f !!3~~~~ j-j- ;l~;;";::!U ' .fu ..0: . - Ii :l :l .! f:' filf;i!:!.; d )l9!!! ! ]31 13!a r ~ E ! s::: tiJ ! ~ B I~I ! ! ~ I~ ~ .. I 12 ~ .JEI ~ ~ .. ~ z: ... ~ ~:;al 8 u~ BCd 119!! i ~ 131111 ~; I ! 'S;:; a 13 ~ 'll Cd B u~!!! b I 12 ::a 18j a 'S": ait-iC fj~:;il~lt llllll I~!!!! 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Pro.Jocl No: 01388-01 Dolo IIl4012D04 CSAH 19 (C,P, 9821) Estimate of Quantity and Cost EUREKA CONSTRUCTION, !No. storm Sewer CSAB l' CSABl' CSAB 19 CSAH l' CSAH 1P SmIlbllnnl Road COlIlllr7 C\llb Road CllJ of SlIorowaad C\Q' ofToDka BlIf 30.4" s.A.!'. 27-61,.18 5.A.P. 27-619-11 B.A.P,27-61,.18 c:.J',91l21 5.A.P, %U-02D-01 s.A.P, %16.0%0-01 B.A.P. %16-101-0% B.A.P. %16-108-01 37.8" S.A.!'. :U'-G20002 H.....epla COIIIIlJ HealleplD CoUDlJ 1U.P'p,1'1IIIdI Cllf of SlIorewood alf of SlIor.....ad ClI)' of Sbarewoocl CI4' or SlIorewoad LoclI1 COlt Local Cost 12.1" B.A.!'. %16-101..02 SIreetIcapID& HeDDepID CODDlf StreellcapIDl 5.8% B.A.!'. 216-108-01 LlNE SHEIl'l' Pro. ctTolal Local huds 13,P% Tanka Bay NO ... WI ~ - '= _1Iod ......... - = - = _lied ~ -- ~ - ~..::' - ~ - == -..oS -- -... No. - - N... 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Page 1 of 1 Main Identity "Rick Kjonaas" <Rick.Kjonaas@dot.state.mn.us> <Lbrown@ci.shorewood.mn.us> <cdawson@cLshorewood.mn.us>; "James Koivisto" <James.Koivisto@dot.state.mn.us>; "Joan Peters" <Joan.Peters@dot.state.mn.us>; "Julie Skallman" <Julie.Skallman@dot.state.mn.us>; "Marshall Johnston" <MarshaII.Johnston@dot.state.mn.us>; "Sandra Martinez" <sandra.martinez@dot.state.mn.us> Sent: Thursday, October 28,20047:12 AM Subject: Re: Advance funding request Larry, If you can make that schedule, your advance will be honored, which will allow you to draw your State Aid account down to a little over $800,000 in the red. Good Luck. From: To: Cc: Sandra Martinez made the calls to other communities to free up this money. I plan a email to go out soon to all the other cities, expiring any unused advance requests. They will automatically expire at year end anyway. I plan to do it a month early to allow some year end transactions to cities who need the money, not just say they need the money. rick ATTACHMENT 2 CONFIRMATION MSA CITY OF SHOREWOOD RESOLUTION NO. 04-_ A RESOLUTION ACCEPTING BID AND A WARDING CONTRACT FOR THE COUNTY STATE AID HIGHWAY 19 - SMITHTOWN ROAD INTERSECTION IMPROVEMENT PROJECT, S.A.P. 216-020-02, CITY PROJECT 97-08 WHEREAS, pursuant to an advertisement for bids for local improvements designated as the County Road 19 - Smithtown Road Intersection Improvement Project for the City of Shorewood, Minnesota, City Project No. 97-08, bids were received, opened on October 20, 2004 and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and . WHEREAS, the City Council has determined that Eureka Construction, Inc., is the lowest responsible bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and Acting City Administrator/Clerk are hereby authorized and directed to enter into a contract with Eureka Construction Inc., in the name of the City of Shorewood, Project No. 97-08, according to the plans and specifications therefor approved by the City Council on file in the office of the City Administrator/Clerk. . 2. That the Acting City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and the next lowest bidder, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of November, 2004. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR rn >< :I: - III - ... ,. e~ e. "oc;: . " CSAH 19 @ SMITHTOWN ROAD INTERSECTION IMPROVEMENT PROJECT Hennepin County Project No:9821 SA.P.27-619-18 City of Shorewood Project No. 97-08 S.AP. 216-020-02/ S.AP.216-101-02/ S.AP. 216-108-01 WSB Project No. 1388-01 Bids Opened Wednesday, October, 20, 2004,10:00 a.m. Bid Tabulation Summary Eureka Construction . X X $3,566,322.45 Park Construction X X $3,901 534.86 Hardrives, Inc. X X $3,936,121.99 X X $3,998,641.80 Bituminous Roadwa s X X $4,131,833.78 $3,146,789.00 I hereby certify that this is a true and correct tabulation of the bids recel ed on October 20, 2004. I hereby certify that this is a true and correct tabulation of e bids eceived on October 20, 2004. _Denotes Corrected Figure RON JOHNSON November 6, 2004 5355 Shady Hill Circle Shorewood, MN 55331 952-474-8171 Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: "Sump Pump Penalty" surcharge hearing Dear Clerk: Enclosed for filing in the above-referenced matter is Citizen Ron Johnson's Memorandum of Objections, Facts, and Law Opposing "Sump Pump Penalty". Sinc..e~~~., o. Sf' ./ / I elk-. Ron Johnson Enclosure , , CITY OF SHOREWOOD REGULAR MEETING CITY COUNCIL NOVEMBER 8, 2004 Ronald R. Johnson, City of Shorewood, etc. CITIZEN RON JOHNSON'S MEMORANDUM OF OBJECTIONS, FACTS, AND LAW OPPOSING "SUMP PUMP PENALTY" v. INTRODUCTION Ron Johnson received the City's letter dated November 2, 2004 noticing the November 8,2004 hearing in the sump pump (penalty] surcharge matter. And, on (Friday) November 5, 2004 Johnson received the hearing agenda for the (Monday) November 8, 2004 hearing. Johnson objects to the 11th hour notice; objects to the City denying a hearing continuance; objects to the City denying his discovery requests - - including under the Minnesota Data Practices Act - - for the "surcharge" benefit accounting for what the City billed a "sump pump penalty". Simply put, as to Johnson the City's sump pump surcharge is part of the City's sham to avoid paying U.S. Const. Just Compensation Clause compensation and this hearing - as previous hearings on the issue since January 1, 1999 - is but a Mayor Woody Love administration kangaroo court. This Memorandum is supported by all the City's records regarding its sump pump ordinance, City Code ~ 904.09, City records of its hearing in the matter since Mayor Love's administration came to power on January 1, 1999 including the Affidavit of Former Mayor Thomas Dahlberg; the orders of the Hennepin County District Court by the Honorable Ann D. Montgomery dated August 17, 1993 and by the Honorable then 1 . , Chief Judge Kevin S. Burke (the "Order") dated May 21, 2004 together with the photos attached hereto: (a) homeowner's swimming pool sump discharge hose pipe to City street/storm sewage system; (b) gully City sewage cut across Johnson's lawn he is forced to maintain along with public sewage outfall structures and National Urban Runoff Pond Johnson constructed to, in part, mitigate the effects of the sewage. FACTS I. On August 17, 1993 Judge Montgomery ordered Shorewood to pay compensation for Johnson land it took to dispose of City storm sewage. This would include sump pump water disposals, photos (a), (b). 2. In his Order, then Chief Judge Burke on May 21,2004 found that Shorewood had still not paid compensation and breached agreements it entered into (during Mayor Dahlberg's administration) to fix the problems (in overly reasonable compromises). This is the current law in the matter. 3. After Judge Montgomery's order, on August 23, 1993 Shorewood enacted City ordinance, codified City Code 904.09 (dubbed the "sump pump ordinance"). Order. The intent of the ordinance was to save the City on the average of $1 00 per month per household in sanitary sewer disposals/treatment of homeowner sump pump waters. Under the ordinance the City required homeowners to disconnect their sump pumps from the City's sanitary sewer system and, instead, dispose of that water to City streets/storm sewer system. For homeowners who refused to allow City inspection to insure that was done, Shorewood charged a $100 per month presumed sump 2 , , pump disposal/treatment fee utility surcharge (dubbed a "sump pump penalty"). 4. As to the City's regional storm sewer system, disposals on Johnson's property - - which Judge Montgomery adjudicated an uncompensated taking and then Chief Judge Burke found the City still had not paid for the land it took - - Shorewood disposed of sump pump waters on Johnson's land. Order; photos (a),(b ). 5. No prior Shorewood administration, neither Barbara Brancel, Robert Bean nor Thomas Dahlberg, saw fit to certify to Hennepin County sump pump penalty surcharges on Johnson's tax bill. 6. In fact, the City during Mayor Brancel's administration entered into a written agreement to not require Johnson compliance with the sump pump ordinance while the issue of takings compensation was pending. It is still pending. 7. On October _,2004 Martin Wellens (Wellens) - - unopposed for the 4th ward counsel seat - - appeared at Johnson's door and requested to meet members of his family, more specifically, Johnson's two grandson's he wished to, and did meet. Mr. Wellens also requested to view first hand alleged problems with Johnson's property caused by the City Mr. Wellens heard about while running for council in 1996, he recently learned were still unresolved. 8. On January 1,2005 Mr. Wellens will take power as Shorewood's new 4th ward councilmember along with a new 3rd ward councilmember, Paula Callies. The ward system is new and Johnson's ward will receive representation long over due. No sitting council member ever bothered to 3 visit with Johnson on his property to view first hand the problems he alleges since former Mayor Dahlberg and former councilmember Jerry O'Neil made many visits, late 1996 through 1998. ARGUMENT First, the City violated procedural due process and equal treatment including by giving hearing notice at the 11 th hour; refused a continuance; refused to produce Johnson requested discovery - - including under the Minnesota Data Practices Act. Despite coming to power four years ago and certifying the "sump pump penalties" on Johnson's tax bill, no current City council member ever visited with Johnson on his property they routinely do with other citizens but for newly elected councilmember Wellens visit in October 2004. Second, this lame duck council should continue the matter until January 1, 2005 when the newly elected new council comes to power. Third, in his Order, then Chief Judge Burke quoted Minn. Stat. ~ 444.075, subd. 3, the same law cited by the City as applicable.l The statute authorizes Shorewood to bill and collect utility surcharges but only to the extent the surcharges are "just and equitable". Order at 2, footnote 1. The surcharges current Mayor Love administration collected from Johnson are not "just and equitable" because the City is disposing sump pump sewage on Johnson's land without paying for his land the City took to do that. Order at 4; photos (a), (b). 1 See, letter dated November 2, 2004 by City Administrator/Clerk, Craig W. Dawson. 4 , . Fourth, it is irrelevant whether Johnson has a sump pump (he denies havingi because disconnecting a sump pump from the City's sanitary sewer system would amount to additional City sewage disposals to Johnson's land without compensation. Fifth, the City fIgures it saved on the average of $100 per month per household by disconnecting sump pump water from its sanitary sewer and instead disposed those waters on Johnson's land. The City should pay Johnson $100 per month since 1993 for every household disposing sump water the City in turn disposed of on Johnson's land. Finally, there is a question of fact why the current Mayor Love's administration did not issue a variance - - routinely issued to others - - when Johnson was the sole homeowner having a presumed sump pump disposal to the City's sanitary sewer system obviously minimus and no real impact on the City's sanitary sewage treatment costs. CONCLUSION The City's collection of "sump pump penalty" surcharges from Johnson amounted to money takings due Johnson and also due Johnson are the $100 per month sump pump water disposal fee from those homes lying within the City's regional storm sewer system, disposals Judges Montgomery (1993) and Burke (2004) indicated amounted to still uncompensated takings of Johnson's land. Dated: / /- b - () t( . tted, 2 Employees of the City's contractual agent Hennepin County, Thomas Carroll and William Daly, inspected the interior of Johnson's home and noted there was no sump pump. Former City Engineer, Joel Dresel, and former City legal counsel, Thomas Humphrey, noted the Johnson home walkout basement footing drained over the west hill demonstrating there was no sump pump. 5 , . APPENDUM 1. Photo of Shorewood homeowner's swimming pool sump pump discharge hose pipe to regional City street/storm sewer system. 2. Photo of the gully City storm sewage - - collectively including its sump pump disposals - - cut across Johnson's lawn he must maintain at his expense together with the fore and aft outfall structures and National Urban Runoff Pond Johnson constructed to, in part, mitigate the effects of City sewage. 3 3 In March 1996 City Planner, Bradley J. Nielsen, abruptly cancelled a meeting scheduled by Johnson's engineering consultant, Mr. Frank of McCombs Frank Roos Associates, Inc. (MFRA) to present fixes for the flooding and obtain City permits so Johnson could do that. Mr. Frank in a June 1996 MFRA letter confirmed the City refused to reschedule. Johnson faithfully obtained permits from the U.S. Army Corps of Engineers and the Riley-Purgatory-BluffCreek Watershed District, the latter Mr. Nielsen objected to in a City letter to the District in October, 1996. The current City Engineer, Mr. Brown, formerly was employed by MFRA and supervised by Mr. Frank. 6 ~ \, ."+"" ' -', ~' . .~. .~- -- 1;:""::'7/ .n./ A" 'A. ~"'" .....,../ / /f.E- ~r-:-. . '.. . ( A.;. ..... if.,) (/'(A.t:._~/\v.'J!f ~ /p',(J" --t"/""~_ ..' I .. N ~~ 'l 3~ ~~" '- '-\ ... ~ \J~ '~ ~ ~.' \~ ~ ~;~ (~ \E ~~ )~ tf ~~ 'J ~ ~~ ~ t~