The URL can be used to link to this page

121195 CC Reg AgP CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, DECEMBER 1.1. , 1. 995 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. The City Council will convene in Executive Session from 7:00 to 7:30 p.m. to discuss personnel matters. If necessary, they may reconvene following the regular portion of the meeting to continue the discussion. AGENDA 1. . CONVENE CITY COUNCIL MEETING A. Roll Call Malam McCarty Mayor Bean Stover Benson B. Review Agenda 2 . APPROVAL OF MINUTES City Council Regular and Work Session Meeting Minutes November 29, 1995 (Att.-#2A Minutes) 3 . CONSENT AGENDA Consent Agenda Motion &: Adopt to approve Resolutions items on Therein: A. A Motion to Approve a Resolution Authorizing the Transfer of Funds (Att.-#3A Proposed Resolution) B. A Motion to Approve Permanent Appointment - Connie Basty~, Park Time Clerical Assistant C. A Motion to Extend the Deadline for Filing the Final Plat of Smithtown Meadows (Att.-#3C Applicant's Request Letter) D. A Motion to Establish the 1996 Local Board of Review Date as Wednesday, April 3, 1996 (Att.-#3D County Memorandum) 4 . MATTERS FROM to 3 minutes. THE FLOOR {presentations are limited No council action will be taken.} 5 . SUBSEQUENT HEARING 1. 9 9 6 BUDGETS AND THE COLLECTIBLE IN 1.996 CONSIDERATION OF PROPOSED 1.995 PROPERTY "TAX LEVY A Motion to Adopt a Resolution Approving the 1996 Budgets and Approving the 1995 Property Tax Levy Collectible in 1996 (Att.-#5 Proposed Resolution) " .., . CITY COUNCIL AGENDA - DECEMBER 11, 1995 PAGE 3 OF 3 14. CONSIDERATION OF A MOTION APPROVING SHOREWOOD'S DRUG & ALCOHOL POLICY (Att.-#14 Proposed Policy) 15. CONSIDERATION OF A MOTION TO APPROVE A CONTRACT FOR PRELIMINARY ARCHITECTURAL SERVICES FOR THE SENIOR I COMMUNITY CENTER AND AUTHORIZE MAYOR. AND ADMINISTRATOR TO EXECUTE (Att. -#15 Proposed Contract) 16. CONSIDERATION OF MOTION APPROVING THE 1996-1997 AGREEMENT WITH AFSCME (Att.-#16 Proposed Agreement) 17. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ESTABLISHING THE 1996 PAY SCALE (Att. -#17 Proposed Resolution) 18. ADMINISTRATOR & STAFF REPORTS Discuss on Highway 7 Improvements at Mill Street and Water Street 19. MAYOR & CITY COUNCIL REPORTS 2 o. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (At t . - # 20 ) . - .'-"':~'- .- -<"'-"--"" . . '\ n___. Uea~~5 I qq5 I g~ . i c',., 111995 (, ' B "~[li , J!(L (the UlJ'Jtcj LtG r~ i:D~it' ~pc<Jto( ~~ ~ ~t~, (i -BJuQ..,f~, CL~ Jtu.!&~ PlJ.lU-9cL CLMl (I) u~ I liy~ IJ'YttwfL~ tWtL, cuv:L 0uWi1~ PwJ'(kL.a-t4-vr~ (})0JJJl j i ~ cW rLlAL r~ltcL~.r tL~ : orr~ f\{)uJ? VirQ.. cLG-Lt' t\Jv,d- '~rr\ nJ))'L/ ctV r' JJL ''\Llt\.+-r-~ . . J CWlwcL, Q.. ~lLq rUttdk) i L~ii.D, ()JlQL0 C'~l<\ll\,~ k O}JC_' Cf;'_Q)rJ..a.-~ o..t,O:;j- l$~l.V'tu__Y\ CLr~, r\C\v'v~h ' CL ~\J~,--t n~M0\~ -.oL\Ccl-i l1.~r- ~LI:;ill 1.0 CLr~ , (}j,Cv~'fwLM lJrl--lJ: ~r 0 ~\n..hlL tp./~ ~ \iLQ::: . ~"~f \l' ~ ~ Qk~~ Ll' cud--. U' rM~1' b...', __ ," _ , 4J I'W- ~ ~r~tto ~~ ~ fWb ~l ~ I '\Llll'\Ll(juM.tY 1-L ~ · "r.,~ 1~~- ~~:a~cCr~~~~-~C~J' ~t~ Lr~?-~ -c~\Q.f iJ}-ct~, \.J.rlat~ r~t, ut-It ~: bLLaWMj~) ~Lk... Ct\L~! l'u'lL rU~HL Th ~f~;fl v_Mf' Jlq;~J..~ (j{JV4di' QtL(l~<f,d )1) _(utcJ) ?AOA~~'.l _ \ 27885 Woodside Road (fc(rt'0--1?((d ~w / MAX A. MAYER 47 ROBINSON ROAD LEXINGTON, MA 02173 ~ \\J 1'1C(b (Y\CV'i.- (Y) ~ (Y1O-<A-i~W"<J.l1 ?./{pcPS" p~ ~ f- Mf\J. lliar ~ en.- r"r\ o.~ : UmUA/n . ~ d-( ~ ~ ~yvvw'~ . _, ~ m'j&<11. ~ VYI 0- ~ ~ wov&l ~-k; ~ ll~CMOUAS~'{~~ ~ mCVY1(j. tjOtbncf dd~ ~ ~ {).!i1i rnoJu J c<- ~ 4~ --/v<-.~-' ()L w-eV- 0-<1- ~ ~ j; vf {/h/J ~ ./ I ' .J \)( ~ ~ oJ;- ~ ~ v;I*' ~ . {)uJS(d-e- /'!J!dV'J, ./--'cdso ~ of ~ ~ d.iJ~--" --,h,. ~ o-t r~i.e.h. O/A.bt ~ /u:vve (~__ a-J J ~"-<L ~~Jf,J~~b~ +0 ~ )'FS ~ w-eP, UO~~ I>Vfi &n~ ~ ,.~ . 6127851167 TIMESAVER PAGE Ell 12/El8/1995 12:41 CITY OF SHOREWOOD PLANNING COMMISSION MEETING . TUESDAYt DECEMBER. 5t 199.5 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Rosenberger called the meeting to order at 7:02 p.m. ROLL CALL Present: Acting Chair Rosenberger; Commissioners Kolstad, Lizee, and Turgeon; Council Uaison Benson and Planning Director Nielsen. Absent: Chair Borkon; Commissioners Foust and Pisula. APPROVAL OF MINUTES Lizee roovedt Turgeon seconded to approve the October 17, 1995 Commission meeting minutes as presented. Motion passed 4/0. 1. 7:00 PUBUC BEARING - PRELIMINARY PLAT. ZACHARY WOODS Aol'licant: Location: Brent Sinn 6035 Galpin Lake Road Chair Rosenberger announced the case and outlined the procedure for a public hearing. Nielsen reported in 1994 Mr. Sinn proposed to subdivide the property located at 6035 Galpin Road. The property is 3.7 acres in the RIC1S zoning district and is subject to the residentiallshoreland management guidelines. A number of developments have been proposed for this site. The initial proposal included a cul~de-sac which would extend from Galpin Lake Road into the middle of the site requiring alteration of the wetlands and creating five 1/2 acre lots. At that time staff had suggested an alternative which would a'VOid development in the wetland and still create five lots. The drawback to that alternative was it involved a condition that Galpin Lane, a private road, provide access to the new cul~de-sac and would result in two intersections very close together on Galpin Lake Road. The Planning Commission favored this alternative but it was never before the City Council as the applicant provided an alternative plan. This alterative was approved by the City Council and involved a variance. The applicant proposed three lots and required negotiation for an easement from Galpin Lane as access to the eastern-most lot. The negotiations with the Galpin Lane Association disintegrated and the final plat and variance which was approved was never recorded. Mr. Sinn has now submitted two alternatives for the development of the property which do not require access from Galpin Lane. Either alternative will result in three lots (one with the existing home on it). Alternative A would create two new lots on Galpin Lake Road 12/88/1995 12:41 6127851167 TIMESAVER PAGE 82 PLANNING COMMISSION MINUTEs December 5, 1995 - PAGE 2 with 100 feet of frontage between the new lots which would be part of the existing homestead site. This would require alteration of the wetland and is similar to the orig1n.al plan which was denied by the Planning Commission. Alternative B would create the two new lots further to the south, the 100 foot frontage for the homestead parcel would abut Galpin Lane, and no variance would be required. The advantage of Alternative B is it leaves the open drive which would allow development of the remainder of the property without involving the wetland A City street could be built to seIVe additiona1lots in the rear or the rear lot could be split off upon successful acquisition of access to Galpin Lane. In addition to this, Mr. Sinn has agreed to sell outlot A to the property owner to the southeast. This will increase the conformity of that lot. Nielsen indicated staff is recommending approval of the preliminary plat uti1iz:ing Alternative B. Brett Sinn, 6035 Galpin Lake Road stated either alternative has future development potential. His only concern was that future development would require access off Galpin Lane. Chair Rosenberger opened the public hearing at 7:11 p.m. ?7??J. Onohue, President of the Galpin Lane Association stated the Association had worked closely with Mr. Sinn over the last 18 months and have seen many fluctuations in plans. He' stated the Galpin Lane Association has come to an impasse as far as doing anything on Galpin Lane with Mr. Sinn. Chair Rosenberger closed the public hearing at 7;13 p.m. Chair Rosenberger asked what issue the Association had as far as access on Galpin Lane. John Tietz, 22680 Galpin Lane, noted the street was as narrow as 14 feet in some spots with parking adjacent to some homes. It is a self-contained area with many children which is served by seven homes already. He noted Mr. Sinn had not met several of the required conditions. Nielsen noted it had been a condition of approval that Galpin Lane be widened to 20 feet. Mr. Sinn had come to the Qty Council at a later date and asked to shorten the amount of length that had to be widened and the request had been denied. CommiSsioner Turgeon noted Alternative A was basically the same as the application which was tabled in 1994. She noted that request required significant site alteration to obtain access. Nielsen indicated neither Alternative A or B required significant site alteration. Commissioner Turgeon asked Mr. Sinn which Alternative he preferred Mr. Sinn stated he preferred alternative A as it did not require future negotiation with the Galpin Lane Association but he would let the City make the decision. Chair Rosenberger and Commissioner Turgeon ~ressed their disappointment that the two entities involved could not resolve the access issue. k .... 12/08/1995 12:41 6127851167 TIMESAVER PAGE 03 PLANNING COMMISSION MINUTEs December- 5, 1995 . PAGE 3 Turgeon moved, Kolstad seconded to reconunend to the Council that it approve the Preliminary Plat for Zachary Woods - 3rd Application tor Brent Sinn, 603S Galpin Lake Road subject to staff recoJDlDen.dations and all of the previous conditions which had been imposed in the earlier plat approval except requiring access easement from the Galpin Lane Association.. Commissioner Turgeon questioned the placement of the driveways. Mr. Sinn noted the driveways had been repositioned with Lots 1 and 2 sharing a driveway and only two driveways off Galpin Lake Road. Voting on motion: Motion passed 4/0. The Council will consider the recommendation at its December 11, 1995 meeting. 2. 7:15 PUBUC HEARING . CONCEPT STAGE PLAN - WATER'S EDGE P.U.D. AppliC3l!t: Location: Bill Blegen 20295 Manor Road Chair Rosenberger announced the case and outlined the procedure for a public hearing. Nielsen reported Mr. Blegen owns the property located at 20295 Manor Road which contains 5.9 acres of land with 1.86 acres of designated wetland. The property is zoned R- 1A, Single-Family Residential and is characterized by rolling steep topography and scattered vegetation. The south edge of the property abuts a large pond known as Footprint Lake. Mr. Blegen owns an existing home on the property which overlooks the pond. Due to the features of the property including the steep slopes and the configuration of the property the applicant is proposing the use of the planned unit development. This would allow flexibility in lot size while maintaining a density of one unit per 40,000 square feet. The plan provides for a "half-bubble" cul-de-sac to consolidate access into the site. Three of the lots will have driveways off this access and Lot 1 will have access off Vine Street as far north from the intersection as possible. The applicant has requested fleXIbility to allow a driveway off Manor Road for Lot 4. This could be included in the development agreement as part of site plan approval. Although there are four lots proposed, only lots 1,2, and 3 will be platted currently with the fourth lot remaining part of the homestead ,lot. Nielsen noted the applicant proposes to exchange land with a property owner to the north. This will allow the applicant to dedicate 20 feet of right-oi-way for Vine Street to the City and widens the lot of the property owner to the north, bringing his non-confonning house into compliance with side yard setback requirements. The wetlands on the property are subject to the setback requirements of the wetland ordinance. Through the process of the P.U.D. there may be an opportunity to increase these setbacks. Nielsen reported the City Engineer is in favor 'of the "half-bubble" cul-de-sac. The P.U.D. will attempt to concentrate on logical buildable sites in the natural clearings of vegetation rather than 40,000 square foot sites. The square footage of lot 1 will be 36,550, lot 2 will 12/88/1995 12:41 6127851167 TIMESAVER PAGE B4 .. PLANNING COMMISSION MINUTEs December 5, 1995 - PAGE 4 be 61,3000, lot 3 will be 35,960, and lot 4 will be 28,970. Despite the size of the smallest lot, the project will serve as a nice transition between the R-lA zoning district and the R-IC district to the west of the subject site. The smallest of the proposed lots is more than 70% of the minimum sne required for a buildable lot. There will be some clearing required for the cul-de~sac but the driveways can wind in between the trees. A tree preservation and restoration plan will be required. Nielsen indicated staff is recommending apprO'\.'al of the P.U.D. concept plan subject to four stated conditions. Condition 3 may be modified to include a provision in the development agreement to allow consideration of access to Manor Street from lot 4. Kevin Norby, landscape architect, stated this was a very unique property due to the significant stands of vegetation along the lake shore and the topography. He noted there will be minimum grading on the sites. The intent is to work with the architect to create a footprint for the homes which will have minimal disturbance to the four lots. The first house will have access off Vine Street The second house is situated as to. result in a fairly long driveway but will a'lrOid the steep slope and small wetland of 1400 square feet. This driveway may result in the loss of one or two trees. The third house will occur in the same location as the existing house. The fourth house will occur on top of the existing driveway and the front yard of the CUl'l"ent house. The applicant, however, has no plans to develop lots 3 and 4 at this time. Chair Rosenberger opened the public hearing at 7:53 p.m. Larry Biskin, 20090 Excelsior Boulevard, stated his main concern was the impact of this development on Footprint Lake and the water level. He noted the water level has been increasing significantly over the past 18 months. He was concerned that a significant number of trees would be drown by the lake. He questioned the storm sewer and drainage on the site. Currently there is not a lot of drainage into the lake but most is held on site in the low land between lots 1 and 2. He questioned if their was a minimum lot size required in the P.D.D. He expressed concern with the amount of filling and grading that would be necessary due to the topography and its impact to the lake. He asked about the City's opportunity to make changes to the setbacks. Mr. Biskin questioned if it would be possible to limit the size of outboard motors allowed on the lake. He asked if there was a project drainage plan and why there would be no public input accepted at the City Council meeting in regard to this issue. Chair Rosenberger entered letters received from Angela Topeff, 5080 Anthony Terrace; Monica Pahl, 5100 Anthony Terrace; and Marianne and Randall McDaniel, 20405 Manor Road into the record. Chair Rosenberger closed the public hearing at 7:58 p.m. Nielsen stated the level of Footprint Lake is currently being monitored. H the level continues to increase it may be necessary to modify the outflow Structure. This condition, however, needs to be monitored for a period of time to ensure it is not a fluctuation due to 12/08/1995 12:41 6127851167 TIMESAVER PAGE 05 PLANNING COMMISSION MINUTEs December S, 1995 - PAGE 5 weather conditions. With respect to drainage, Nielsen noted the Oty of Shorewood's policy is that any new development has to accommodate their own drainage and the run-off after development cannot exceed the run-off before development. The comprehensive plan also addresses the quality of water and requires the installation of NURP ponds to ensure the water leaving the site is as clean as posSIble. Nielsen noted by utilizing the P.U.D. in this project, each site would be custom designed to fit the specific site and mass grading will not be required. There may be some minimal grading required associated with creating the NURP ponds. The storm water and sewer plans will need to be provided as part of the development stage plan. Nielsen stated there is no minimum parcel size required for this P.U.D. Nielsen explained the wetland setbacks may be increased to keep building further from the pond. This will leave more natural ground between the structure and the pond and create less disturbance to the slopes and less clearing of vegetation. Nielsen noted Footprint Lake is a pond and not a lake and he was unclear as to the limits which could be placed on outboard motor size. He indicated he would discuss this point with the City Attorney. Nielsen stated in the P.U.D. process the public hearings are conducted at the Planning Commission level. He noted comments could be submitted in written form to the City Council but would need to be received by December 7, 1995 to be included in the packet for the next meeting. Commissioner Kolstad questioned if lot 4 had sufficient buildable area to support a house and who would be responsible for maintaining the cuI-de-sac. Nielsen stated there was sufficient area while conforming with the R-IA setback requirements and the cul-de--sac was a City street. Commissioner Kolstad expressed concern with the small size of lot 4. Commissioner Lizee questioned the sight lines from the cul-de-sac and if there would be pond access for 811 lots. She stated she would prefer lot 4 have no direct access onto Manor Street but have access from the cul-de-sac. Nielsen reported the engineer was satisfied with the sight lines from the cul-de-sac. Mr. Norby stated the issue of access to the pond had not yet been resolved. Commissioner Turgeon asked if the house on lot 2 'Would maintain a distance of 50 feet from the small inland wetland area. Nielsen confirmed it did. Chair Rosenberger expressed his concern with the lot sizes. Turgeon moved, Kolstad seconded to reconunend to the Council that it approve the Concept Stage Plan for Bill Blegen, 20295 Manor Road subject to staff recommendations and site plan consideration of access to Manor Road fOl" Lot 4. Motton passed 4/0. The Council will consider the recommendation at its December 11, 1995 meeting. , Chair Rosenberger recessed the meeting at 8:19 p.m. and reconvened at 8:24 p.m. 12/08/1995 12:41 6127851167 TIMESAVER PAGE 06 PLANNING COMMISSION MINUTES December 5, 1995 - PAGE 6 3. 7:30 PUBUC HEARING . SETBACK VARIANCE Applicant: Location: Richard Hoyt 5710 Ridge Road Chair Rosenberger announced the case and outlined the procedure for a public hearing. Nielsen explained Mr. Hoyt owns the property located at 5710 Ridge Road. on Christmas Lake. Nielsen noted the Building Official was directed to inspect the property based on neighbor complaints in regard to a deck structure and a screened porch. It was detennined these structures were constrncted without a building permit and are in violation of the zoning regulations of the R-1A1S, Single-Fazmly Residential Shoreland Management Guidelines. The property contains 103,938 square feet of area and is characterized by steep topography and heavy vegetation. The existing lot coverage is 18%. A 24 foot by 24 foot deck has been constructed six feet from the ordinary high water mark of Christmas Lake with a one-story screen porch I storage building covering as much as 75% of the deck. There is an existing stair systelIl, a shed and a mechanical lift station also located on the lot. Nielsen noted Mr. Hoyt has submitted a letter and photographs which he feels support his request to allow a variance for the ,deck Structure. Nielsen explained Shorewood's Zoning Code requires structures be located 75 feet back from the ordinary high water level of Christmas Lake in addition to bluffline setbacks with the exception of docks and walkways necessary to access the shoreline. Mr. Hoyt cites topography as a special condition which precludes "reasonable access to and use of Christmas Lake". Staff feels the lot is steep but it has two means of access to allow use of the dock and no case has been made as to why residents with steep lots need to have decks and porches nearer the water than those with less steep lots. The house also has a large deck system on the top of the hill. The applicant cites numerous properties to the south of his that have structures too close to the shoreline. The Zoning Code provides for non-confonnities which existed prior to adoption of the Code to continue in existence as long as the use of the property is not expanded, intensified or altered. The applicant is also focusing on a relatively small cross-section of the Shoreland zoning district. There are also eight other lakes which are subject to the Shoreland district regulations. The regulations intent is to keep the shoreland looking as natural as possible. To grant a variance in this case would convey a privilege not enjoyed by others. The intent of the City has been to remove non-conforming structures rather than alJow more. A number of non-conforming structures have been required to be removed from Christmas Lake. Both the City code and state statutes provide that the "hardship" faced by the owner can not have been brought about by the actions of the owner. There was not a building permit issued for this deck. The contractor should have been aware of the necessity of a building permit. Nielsen noted the City has just updated the comprehensive plan and one goal of that plan was to protect the natural characteristics of the woodlands and shore1ands. To grant a variance in this case would serve to proliferate the built environment rather than the natural 12/08/1995 12:41 6127851167 TIMESAVER PAGE 07 PLANNING COMMISSION MINUTES DeceJllber St 1995 . PAGE 7 character Shorewood values. Nielsen indicated staff is recommending denial of the variance request. Richard Hoyt, 5710 Ridge Road, acknowledged he had built the deck without a building permit but he had not been aware a permit was necessary. He stated he felt the uniqueness of the property justifies the granting of a variance. He stated he understood the philosophy and legitimate interest of preserving the environment but noted that he had gone to an extreme extent to design the roof of the porch portion 'of the deck so all runoff is diverted as far up the hill as possible and landscaped on all three sides. This had been done in an endeavor to preserve the serenity of Christmas Lake. He stated the deck can hardly be seen from either side and within a year or two, the bushes and trees will totally obscure the deck. He noted the topographic features are another reason for granting the variance. The topography creates a problem of enjoying the lake. He stated you can get down to the lake but are unable to do anything down there. He noted his property is 110 feet above the lake and his home is 300 feet from the shoreline. He does not feel granting the variance will afford him any privilege not enjoyed by others. If the variance is not granted it will deny him reasonable use of his property. Chair Rosenberger entered a letter received by Nancy Thompson Ulvestad and Rolf F. Ulvestad, 5730 Ridge Road into record. Chair Rosenberger opened the public hearing at 8:42 p.m. Kevin Kuester, 5885 Christmas Lake Road, st;:lted there are those that like these structures, those who don't. He has lived in the area for seven years and there has always been a balance. He noted whatever decision was made tonight will result in more or less of these structures. He stated this was what the Commission needed to consider more than anything. Chair Rosenberger closed the public hearing at 8:43 p.m. Commissioner Kolstad asked if the other properties on Christmas Lake had these structures before the zoning changed and when the setbacks had been changed. Nielsen stated he felt this was the case. He noted Christmas Lake is a difficult area to monitor as there is no access to the lakeshore. There have been various complaints at various times and some structures have been required to be removed. If a complaint is received the City will investigate and try to determine when the structure was built. He stated the 50 foot setback has been in place since at least 1973. , The newer shoreland management guidelines of a 75 foot setback have been in place since 1985. The Shoreland Guidelines were amended last year to include the bluff impact zone. Commissioner Kolstad asked if there had been a situation similar to this where a resident had been asked to remove a Structure. Nielsen indicated he could recall only one such situation which involved a gazebo on Lake Minnetonka. Commissioner Kolstad reported she did view the deck on site and acknowledged Mr. Hoyt had gone to great lengths to hide the deck with vegetation and landscaping. She stated there was a deck to the south and ~2/08/1995 12:41 6127851167 TIMESAVER PAGE 08 PLANNING COMMISSION MINUTES Decembel' 5, 1995 - PAGE 8 many others along the shoreline that were the same as Mr. Hoyt's. She did not feel hisdec:k would alter the character of the area. Commissioner Turgeon stated she had also visited the site and agreed with Commissioner Kolstad. Her only difficulty was in setting a precedent not only on Christmas Lake but on all the lakes. The decks to the right and left of the property could have been put in long ago and are "grandfathered in". She stated there was no hardship. Mr. Hoyt has access to the lake He is not being denied a privilege afforded to others. The topography is similar in the lots all along the side of the lake and those residents are not allowed to build a deck either. Chair Rosenberger stated he felt a variance would not have been granted even if Mr. Hoyt had approached the Commission before building the deck. He stated the issue of whether the property could be put to a "reasonable" use was open for debate. A structure that close to the lake would alter the character of the area. He stated he understood the neighbors had similar decks. If these are non-conforining, these residents would also be asked to support a variance. fie stated he had difficulties supporting the variance. Commissioner Kolstad stated she had difficulties with the term "reasonable use". Nielsen indicated this tenn was somewhat subjective. Turgeon moved, Lhee seconded to reconnnend to the Council that it deny a setback variance tOl'Richard Hoyt, 5710 Ridge Road and the applicant correct the violation by June 1, 1996. Modon passed 4/0. The Council will consider the recommendation at its December 11, 1995 meeting. Mr. Hoyt asked if he could have time to determine some alternatives. Nielsen explained the procedure for having the item removed from the December 11, 1995 City Council agenda. 4. 7:45 PUBUC HEARING ~ SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Location: Karla Peterson 21095 Forest Drive Chair Rosenberger announced the case and outlined the procedure for a public hearing. Nielsen reported Mr. Rick Riley, Sawhorse Designers/Builders, has requested on behalf of Karla Peterson, a setback variance to construct a covered wheelchair ramp at 21095 Forest Drive. The property is zoned R-D/S, Single Family Residential/Shoreland. The proposed ramp will connect the garage to the existing home with a cO'\Tered wheelchair ramp system. 30 feet of the walkway will extend into the rear yard setback. Nielsen explained the lot contains 31,097 square feet of area and occupies the existing home with a proposed rear addition, the garage and an existing shed in the southeast corner of the lot. The walkway 12/08/1995 12:41 6127851167 TIMESAVER PAGE 09 PLANNING COMMISSION MINUTES December 5. 1995 - PAGE 9 will be 14 feet high at the highest end of the gable with the walls being 10-12 feet high. The applicant had considered moving the garage and attaching it to the house. It was determined this would result in more trees being removed and more site alteration. Staff has suggested screening to soften the visual impact of the walkway on the surrounding properties. If the variance is granted, the applicant should be required to provide a detailed landscape plan prepared by a registered landscape architect. Upon City approval of the plan a letter of credit or cash escrow for up to 1.5 times the estimated cost of the work should be required to ensure the work will be done by July 1996. Another condition of the variance should be that at such time as the occupant no longer requires the wheelchair access, the ramp will be removed. Nielsen indicated staff is recommending approval of the variance. Chair Rosenberger opened the public hearing at 9:08 p.m. Bobbie Hodgson, 21145 Forest Drive, stated she was the neighbor to the west of the property and did not have a problem with the variance. She indicated Ms. Peterson's yard was on the side of her house and she would support the requirement of the addition of some trees and beautification of the yard. Chair Rosenberger closed the public hearing at 8:03 p.m. Lizee moved, Turgeon seconded to table the request for a setback variance and variance to expand a non-conforming structure for Karla Peterson. 21095 Forest Drive until January 2, 1996 and request a detailed landscape plan be submitted. Motion passed 4/0. 5. MAnERS FROM THE FLOOR - None. 6. REPORTS Commissioner Kolstad reported the Snow Mobile Task Force has hired an individual to facilitate the meetings and help conduct the resident survey. She noted the individual has been a good addition and has been very effective at keeping the meeting moving and the group focused. Commissioner Turgeon requested the topic of minimum lot size be added to the agenda of the next study session. Nielsen reported on the Highway 7 Corridor Study between Highway 41 and the City of Hutchinson. He stated an open house had been held in St. Bonifascious last month to discuss the Shorewood segment of the highway. The highway will not be upgraded to a four lane highway due to the lack of funds available. However, the goal of the committee is to improve and enhance safety and eliminate and consolidate access points. It has been recommended the shoulders be expanded to 10 foot wide paved shoulders rather than 6 foot shoulders. This will help the traffic flow and also allow space for bicycle traffic. The committee has directed :MNDOT to apply for a grant that may fund the additional four feet of shoulder. ".. >It 12/08/1995 12:41 6127851167 TIMESAVER PAGE 10 PLANNING COMMISSION MINUTEs December S, 1995 - PAGE 10 Nielsen reported the consultant and MNDOT are recommending the following: close the access at Lake Linden Road, close the access at Wood Drive, close the access at Pleasant Avenue and bring the traffic to Wilsey Lane to align with a new intersection in Chanhassen, close the access at Seamans Drive and bring Yellowstone across and up to Eureka (which is a designated collector street), look at the right turn lane at Eureka Road, close the access at Freeman Park and take the traffic through the vacant lot over to Shorewood Oaks Drive (the Wagner and Osha properties would connect also). Staff is suggesting the following: realignment of Highway 41 as the intersection is somewhat skewed, close the access at Lake Linden, close the access at Wood Drive, further study of Pleasant Avenue, further study of Seamans Drive, Freeman Park access be taken along the south edge of Wagner and Landecon properties and swing up and detach up to Shorewood Oaks Trail. The Park Commission is in favor of the proposal for Freeman Park. He reported two passing lanes are also being proposed on Highway 7. There was Planning Commission consensus to present these proposals to the Steering Committee. Nielsen reported a proposal to create a right on, right off ramp for the Mill Street exit into Excelsior. It is the intent of the City Council to forward a letter to the City of Excelsior commending them for their planning efforts. Nielsen outlined the proposed channelization at Water Street. Traffic going west on Highway 7 will be limited to a right off on Water Street and a left turn lane to allow traffic to turn onto Chaska Road. Water Street will be limited to a right on only. Chaska Street traffic will not be allowed to cross to Water Street. It is the intent of the City Council to forward a letter to the City of Excelsior commending them on their planning efforts in this project also. Council Liaison Benson reported on the discussion and action taken at the last two City Council meetings. 7. ADJOURNMENT Kolstad moved, Lizee seconded to adjourn the meeting at 10:04 p.m. Motion passed 4/0. RESPECTFULLY SUBMlTTEQ. Lorti L Kopischke Recording Secretary TimeSaver Off Site Secretarial .' MAYOR Robert BeilD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 From: Mayor and City Council JameS C. Hurm, City Administrator To: Date: December 7, 1995 (J- Ii' ' :, \j . Re: Executive Session Attachments: #1 Tentative Agreement # 2 Memorandum with Cost Out #3 Evaluation Form #4 Manl:igement Philosophy & Action Plan #5 Admimstrator's Current Contract Item #l-AFSCME: Enclosed is the tentative agreement (Attachment #1) we have reached with AFSCME representing our Public W()rks employees. Also enclosed is a five page summary (Attachment #2) of ti1e negotiated cQ.anges. Finally enclosed is a "cost out" of the proposed changes. I will review this material b~iefly at the meeting. The changes and the costs are similar to those presented in our previou$ Executive Session and are i]1i,fact less than what is in the budget. Item #2-Administrator's Review: Enclosed is a copy of the form (Attachment #3) which we use to review the performance of the Administrator. Last year I believe I enc!<Jsed a copy of our year end objectives report. This year however I have. already sent to you either two or three copies of the third. quarter report and the final report is not yet completed. Therefore, I am assuming you hav~ already reviewed that material. Hopefully this format will help you in filling outthe evaluation form to identify what I can do to be more effective, to help you establish and reach meaningful goals, and to make your job easier~ I am also enclosing a copy oUr Management Philosophy and Action Plan (Attachment#4) and my current contract (Attachment #5) for your infolmation. I hope to have visited with the Mayor about th~ contract before Mondl;ly night's meeting. . A Residential Community on Lake Minnetonka's South Shore , "",' , .. Executive Session December 7, 1995 Page 2 of 2 Item #3: The regular Council meeting packet includes a proposed salary resolution for the year 1996. This resolution is an across the board increase of 3% for the non-contract employees. As I stated in my report on a Merit Pay Plan at the beginning of 1995, I do not believe that such a plan is in the best interest of Shorewood at this time. There are several reasons why the proposed Shorewood Improvement Program has not yet begun. This program was where we would work with the employees in a Committee forum to come up with suggestions to improve morale and working conditions, make recommendations for training and improved communication, as well as areas to improve efficiency. First of all, the AFSCME Union has now officially said they will work with us as a part of this Committee. Second, Larry Brown's taking over the Public Works Department upon Don's retirement in February is a good time to begin this Shorewood Improvement Program. Initiating the program earlier would have been less productive than beginning it at this time. Therefore, at the Executive Session we hope to: . Review and answer any questions about the AFSCME agreement in order to approve it at the regular Council meeting. . Answer any questions relating to the proposed salary chart which is on the agenda for approval. . Review individual evaluations of the Administrator and work on a plan for improvement. Should more time be needed, we could continue this after the regular meeting or establish a separate meeting date. ..<It . .' MAYOR Robert Bean COUNCIL Krisli Slover Bruce Benson Jenmfer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING MONDAY, DECEMBER 11, 1995 There is a lot of material to cover in the Executive Session at 7 :00 p.m. Please try to be early if possible. Agenda Item #3A: This resolution is necessary to make budgeted transfers for accounting purposes. Agenda Item #3B: Connie Bastyr has been doing a fme job as our Parks Secretary and in doing fill in clerical work. She has been with us for six months and has received a good performance review. This motion would approve the appointment of Connie as a Permanent Part -time Clerical Assistant. Agenda Item #3C: The Planning Director recommends that the City Council approve an extension for Abingdon Development Corp. to record the final plat of Smithtown Meadows. Title problems which delayed the recording have now been resolved. Agenda Item #3D: Please check you calendars in advance to see if Wednesday, April 3, 1996 is .acceptable as a meeting date for our local Board of Review. If you see any problem with that date, please move this item from the consent calendar for discussion. Agenda Item #4: There may be several residents attending who might want to speak about the location of the water tower at Site 7 on the Minnewashta School property. You might want to .indicate that although it is Items #9 and lOon the agenda, if they want to offer some public comment, they should probably do so at this portion of the agenda unless you plan on taking public input under Item #10. Agenda Item #5: This is not a public hearing, but rather just the action to adopt the resolution establishing the budget and levy for 1996. Agenda Item #6A: Having been unsuccessful at negotiating for access to Galpin Lane, Brent Sinn has resubmitted his Zachary W oads plat as only three lots. The Planning Commission recommended unanimously to approve the alternative suggested by the Planning Director. If approved by the City Council, staff will prepare a resolution for the next meeting. Approval requires a simple majority vote. A Residential Community on Lake Minnetonka's South Shore .. "Executive Summary Council Agenda December 11, 1995 Page 2 Agenda Item" #6B: Bill Blegin proposes to divide his property at 20295 Manor Road into four lots as a PUD. In exchange for flexibility on lot sizes (the lots average 40,000 square feet) staff has recommended enhanced setbacks from the pond (Footprint Lake) adjoining the property. The Planning Commission voted unanimously to recommend approval of the Concept Plan. Council approval requires a four-fifths vote. A fmdings of fact will be prepared for the next Council meeting. Agenda Item #6C: The Planning Director recommends approval of a sign permit for the First State Bank of Excelsior to erect a monument sign and two "no exit" signs in front of the bank. Two informational signs proposed by the sign company are larger than what the Zoning Code allows. The owners of the bank have applied for a variance, to be processed in January. Agenda Item #7: Residents of the Brynmawr subdivision have petitioned for street lights on Brynmawr Place. While the lights conform to City policy, area residents have in the past objected to lights along Howard's Point Road. Per Council policy residents within 500 feet of each light have been notified that the Council will consider the matter at its meeting on Monday night. Agenda Item #8: There will be a brief presentation on the City Water Conservation Plan which will then be submitted to the Department of Natural Resources and Metropolitan Council for comment before January 1. After we receive comments from those two jurisdictions, the Council A- will have a work session, most likely in February to review the entire document and comments and ~ make changes for a fmal draft of the report in the spring. Agenda Item #9: In the packet is a brief memorandum outlining the items that will be included in an agreement with the Minnetonka School Board regarding placement of the water tower. We are hopeful that the City Council, after a brief presentation and discussion with Ed DeLaForest from OSM, will give authorization to enter into such an agreement upon review by the City Attorney and City Engineer. That way there will be no hold up in designing, bidding and ordering appropriate steel so that the tower can be built in a timely basis. Agenda Item #10: This item is in conjunction with Item #9. Because much of the work we hope to have done while school is not in session, timing is important. Therefore, we ask that the City Council approve plans and specifications and authorize advertisement for bid for the water tower upon review and approval by the City Engineer. Aesthetic questions such as color can be addressed at a later time. Agenda Item #11: As a result of Council work sessions, we now have a list of proposed projects . for 1996. In order to move in a timely basis, we should be authorizing a feasibility report for the proposed water projects. With this report the Council will then have public information meetings and make the appropriate decisions within several months. Agenda Item #12: One of the projects listed in the Capital Improvement Program, which has yet to be finalized, is replacement of the Shady Island Bridge. This resolution authorizes preparation of a feasibility report. Agenda Item #13: This motion approves an agreement with OSM for the engineering services required for the feasibility reports and plans and specs listed on this agenda. The City Engineer will control all expenditur~s. Agenda Item #14: This is the revised Drug and Alcohol Policy which needs to be in place by January 1, 1996. It is federal and state law and affects all employees who drive trucks. ~ . -. . Executive Summary Council Agenda December 11, 1995 Page 3 A~enda Item #15: The City Council has indicated that a Southshore Senior Community Center should be built in 1996. In order to be able to take advantage of early spring bidding, it is imperative that we begin preliminary architectural work. This motion would approve an agreement for up to $8,800 for preliminary architectural services with TSP/EOS Architects. A~enda Item #16: This motion gives approval to the 1996-1997 agreement with AFSCME for our Public Works employees. A~enda Item # 17: This resolution approves the 1996 pay plan and pay ranges for the non-contract City employees. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING WEDNESDA Y, NOVEMBER 29, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING rC'f Mayor Bean called the meeting to order at 7:37 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Engineer Brown, City Attorney Keane, Planning Director Nielsen, and Finance Director Rolek. . B. Review Agenda Malam moved, McCarty seconded to approve the agenda for November 29, 1995 as amended by removing item 3B. from the consent agenda to a discussion item. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - November 6, 1995 McCarty moved, Benson seconded to approve the November 6, 1995 City Council Work Session Meeting Minutes as amended on Page 2, Paragraph 1, Line 1, replace "near the tower site" with "within the area to be served by the water tower". Motion passed 4/0. (Councilmember Stover abstained as she was not present at the November 6, 1995 work session.) B 1. City Council Executive Session Meeting Minutes - November 13, 1995 . McCarty moved, Benson seconded to approve the November 13, 1995 City Council Executive Session Meeting Minutes as presented. Motion passed 5/0. B2. City Council Work Session Meeting Minutes - November 13, 1995 Benson moved, Stover seconded to approve the November 13, 1995 City Council Work Session Meeting Minutes as amended on Page 1, Paragraph 8, Line 4 after 1998 insert ". Also noted were changes in the...". Motion passed 5/0. B3. City Council Regular Meeting Minutes - November 13, 1995 Malam moved, Benson seconded to approve the November 13, 1995 Regular City Council Meeting Minutes as amended on Page 1, Paragraph 8, Line 1 replace "stoplights" with "street lights". Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for November 29, 1995. It~ REGULAR CITY COUNCIL MINUTES November 29, 1995 - PAGE 2 McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95 -115, "A Resolution Approving a Cooperative Agreement #73870 Associated with the Season's Project with the State of Minnesota Department of Transportation." C. Motion to Approve Change Order #1 for Project #95-1 Boulder Bridge and Badger Field Water System Improvements. D. RESOLUTION NO. 95-116, "A Resolution Approving Technical Corrections to Resolutions No. 95-64 and No. 95-110 Adopting the Final Special Assessment Roll for the Boulder Bridge and Badger Field Water System Improvements." Motion passed 5/0. . 4. MA TTERS FROM THE FLOOR - None. 5. 7:45 P.M. PUBLIC HEARING - TRUTH IN TAXATION Finance Director Rolek reviewed the process and the timetable which was used to prepare the . budget. He then outlined the revenue and expenditure summary of the proposed 1996 general fund budget. He noted that 62% of revenue was received from property taxes and 17% from state aide. Rolek noted there was a 5.5% increase in property taxes. This was the fIrst increase in the last four years. Although there was an increase in dollars, an increase in the tax base in the city from new homes and inflation will more than cover this and the tax rate actually will decrease. Rolek noted that of the 46 cities in Hennepin County, the Shorewood City tax rate had been 15th highest in 1991. In 1996 the Shorewood City tax rate was 38th highest. He reported City taxes in 1996 are lower than fIve years ago. Rolek reported for every $1.00 paid in property taxes, the City of Shorewood receives 13 cents, . the School District receives 55 cents, the county receives 27 cents and the other districts receive 5 cents. Rolek noted there would not be an increase in the sewer or water charges. There would however be an increase in the recycling program fees. In 1995, Hennepin County reduced the amount of recycling funds from $1.85 per household per month to $.85 per household per month. The City had enough funds to sustain the program for 1995 but in 1996, the fund balance is depleted. Staff has proposed imposition of a recycling fee of $1.00 per household per month to [mance the fund gap. City Administrator Hurm outlined the goals and objectives of the City of Shorewood for 1996. He explained information gathered from the resident survey was utilized to establish these goals. He noted the residents of Shorewood had rated the police services, fIre department and snow removal very high and the City intends to maintain these high standards. Mayor Bean opened the public hearing at 8:24 p.m. REGULAR CITY COUNCIL MINUTES November 29, 1995 - PAGE 3 Elden Beckman, 6125 Apple Road, stated his property had an increase in valuation of $5,000.00 from last year. He noted he had made no improvements to the property and felt this was unfair. Mayor Bean stated this issue was addressed at the Board of Review meeting which was held in April or May. He noted this year there had been a general increase in valuation of property of approximately 5% to 7%. After discussion, there had been a few exceptions but generally the City Council had felt the valuations were correct. He indicated the average valuation increase for the Twin Cities area had been 8.4%. He urged residents to contact their State Legislators in regard to the way property taxes are calculated. Mayor Bean closed the public hearing at 8:28 p.m. Rolek noted that on the table on Page 2 of the proposed budget "452" should be replaced with "410". . Benson moved, McCarty seconded to cancel the scheduled reconvened public hearing to continue discussion of the budget on December 6, 1995 and set final budget consideration for December 11, 1995. Motion passed 5/0. Barb Sykora, State Representative 43B, acknowledged the difficulties with the property tax system. She and Senator Oliver feel there is a problem with the two tier system. She stated they are working to come to a resolution that would be fair to all Minnesotans. . 3B. Consideration of a Motion to Approve an Agreement with Research Quick, Inc. for a Snowmobile Task Force Staff Support, Survey Design and Supervision. Mayor Bean reported the Snowmobile Task Force was requesting a city wide survey and also the services of a professional mediator to make their study more effective. Councilmember Stover stated she supported the survey and the mediator. Her only concern was that the survey be designed to be as neutral as possible. Councilmember McCarty stated she supported the survey and the mediator. She would like a good thorough study so the Council will be able to make the best decision for the City. Stover moved, Benson seconded to approve an agreement with Research Quick, Inc. for a Snowmobile Task Force Staff Support, Survey Design and Supervision. Motion passed 5/0. 6. PARK COMMISSION Councilmember McCarty reviewed the discussions and actions taken by the Commission at its November 28, 1995 Park Commission meeting. (Details are provided in the minutes of that meeting. ) 7. PLANNING - Report by Representative Planning Director Nielsen indicated there was no report as the study session scheduled for November 21, 1995 had been cancelled. REGULAR CITY COUNCIL MINUTES November 29, 1995 - PAGE 4 8. CONSIDERATION OF A MOTION TO AUTHORIZE EXECUTION OF FINALIZED SENIOR / COMMUNITY CENTER AGREEMENTS AND AMENDMENT Mayor Bean reported this was a result of action taken by the City of Deephaven. The City approved the Cooperative Agreement but added a stipulation to the Lease reserving the right to review and approve the initial operating arrangements of the South Lake Friends. Mayor Bean noted Deephaven has been given a copy of every change made to the agreement and opportunity to comment. If this amendment was passed, the dispute resolution process was still in place to deal with any issue or problem. He noted he had forwarded the amendment to all cities involved, with a cover letter recommending positive approval. He stated he did not feel the amendment was necessary. He also noted, if necessary, it was possible for Shorewood to finance the Senior / Community Center alone. Councilmember Stover stated she wanted to see the Senior / Community Center built. She expressed concern that this amendment was a stall tactic to delay construction, discourage people .- and negatively affect the persons collecting funds. She noted the City of Excelsior, Tonka Bay and Greenwood have all been very supportive of the project. There have been months and months of negotiations. She felt it would be difficult for the South Lake Friends to manage the project if they had someone looking over their shoulder. Councilmember McCarty stated she was not in favor of asking the other cities to provide Deephaven's share of funding. She suggested the City of Shorewood cover the difference themselves, if necessary. She noted the Center was for all communities in the area. It would be wonderful to have, not only for seniors but for girl scouts, wedding receptions, etc. If one community did not want to be part of it, they should just state this. Mayor Bean stated he also felt Excelsior, Tonka Bay and Greenwood were all very supportive of the project. He felt that if the amendment was accepted and the City of Deephaven did slow down construction, there would be the option to terminate the agreement and go another direction without their support. City Attorney Keane expressed concern that if the City of Deephaven did not agree on all aspects of . operation and process and the Cities undertook the process of the dispute resolution mechanism, they would be left without closure on the agreement and possibly have a facility which would not have an understanding of operations. Hurm noted Deephaven had requested the operation procedures be submitted two months prior to the start of construction. Given the Center would take 5 to 6 months to construct, this would give up to eight months to come to a resolution on any items of question. He stated he did not believe it was the intent of the City Administrator of Deephaven to stall the project. Keane noted a case could be made, depending on interpretation, that construction could not be initiated until 60 days after operations had been approved. Mayor Bean noted there were two issues. One being if the language in the amendment was acceptable. The second being to send a message to the South Lake Friends that they will have a Senior / Community Center, whether it be a joint effort between all five cities or an effort of only one or two cities. REGULAR CITY COUNCIL MINUTES November 29, 1995 - PAGE 5 Councilmember Malam stated he was offended by the request for the amendment. Councilmember Benson stated he was also offended, noting Deephaven had been part of the negotiations all along. Mayor Bean again expressed the City of Shorewood's commitment to have a Senior I Community Center built in 1996. Hopefully, this would be a joint cooperative effort between the five cities but if this is not possible, the project will be revised. Councilmember Stover noted the amendment was not clear as to what period would be allowed for review and approval by the City of Deephaven. Mayor Bean noted he and staff had worked off the document provided by Deephaven, trying to keep th~ amendment as simple and open as possible. Hurm again expressed that in working with the City Administrator of Deephaven, he did not feel it was their intention to stall construction. The Senior I Community Center can still open with the . proposed rules in effect until issues can be resolved. . Mayor Bean stated there should either be a way to make this work or start over with a group of people who want to make it work. He expressed frustration over fighting over semantics and could not see adding more language to the agreement. Councilmember Stover suggested sending a clear message that the City of Shorewood's desire is to have a new building, hopefully with the other communities. There was Council consensus that no action will be taken until a response is received from the other communities involved. Benson moved, McCarty seconded to continue the authorization of execution 0 f finalized Senior I Community Center Agreements and Amendment to the December 11, 1995 City Council Meeting. Motion passed 5/0. 9. CONSIDERATION OF ADOPTION OF AN ORDINANCE ESTABLISHING A RECYCLING FEE Rolek reported this would be a $1.00 per month per household fee to all households eligible for recycling in the City of Shorewood. This fee would cover the funding gap experienced by the . reduction of funds provided by Hennepin County. This would begin on January 1, 1996. McCarty moved, Stover seconded to approve Ordinance No. 307. '.'An Ordinance Amending City Code Section 1300.02, Relating to Residential Recycling Fees". Motion passed 5/0. Mayor Bean recessed the meeting at 9:26 p.m. and reconvened the meeting at 9:35 p.m. 10. ADMINISTRATOR AND STAFF REPORTS A. Engineer's Report on Requests for Traffic Control Measures - i.e. Chaska Road and Near Mountain Boulevard City Engineer Brown reviewed the following approach to handling neighborhood safety concerns. Upon receiving neighborhood safety concerns, a Community Oriented Policing approach would be taken. A committee would be established consisting of Brian Flaherty (the Shorewood Police Officer), City Engineer, staff or Councilmembers and members of the neighborhood. where the safety concern exists. They would meet several times to determine what the problem IS, the b~st . way to get accurate data, to review options for addressing the problem, and report to the City REGULAR CITY COUNCIL MINUTES November 29, 1995 . PAGE 6 Council and the neighborhood with recommendations. The Council would then determine if a course of action should be undertaken. Brown noted there have been two requests for speed studies. One at Chaska Road near TH 7 and one at the Near Mountain Boulevard area. The unit which is used for this type of study has been damaged by vandalism. It was thought this unit would be repaired before significant snowstorm but unfortunately, it has not. The residents who have requested the study feel comfortable with this as most violations occur during the summer. Brown stated he expects to conduct the studies in spring or summer of 1996. Hurm noted he felt Officer Flaherty's priorities were safety, traffic, and community policing. He felt it made sense to listen to what the neighborhood was saying. If the data did not show a problem but the neighbors felt there was a problem, then there was a problem. He noted it is important to educate the residents on what the City can and cannot do. The City would then be pro-active and prevent problems. Mayor Bean suggested asking the Police Chief and the Public Works Director to speak at a meeting . as to what measures were available for speed control, their effectiveness, and cost. He felt this would also be educational for the residents. Councilmember Malam urged residents to slow down _ and respect the speed limits in their neighborhood and other neighborhoods. B. Engineer's Report on Availability of Water on Howard's Point Road / Edgewood Road Brown reported residents have been notified that water services are available on Howard's Point Road and Edgewood Road as of November 15, 1995. Residents in this area have 18 months to arrange for private hook-up. Existing water wells may be maintained for lawn watering and other uses as long as there is no connection to the city water system. Brown noted the two other segments will not have water available until spring of 1996. The contractor is currently concentrating on clean-up and restoration. There was Council direction for staff to clarify the conditions of hardship as stated in the letter of . November 16, 1995. Councilmember McCarty excused herself from the meeting at 9:54 p.m. C. Establish CIP Work Session December 4, 1995 There was Council consensus to schedule at CIP Work Session for December 4, 1995 at 7:30 p.m. 11. MA YOR AND CITY COUNCIL REPORTS Mayor Bean noted there were vacancies for various 1996 seated commission members. There was Council consensus for the Council Liaison to contact the members of the various commissions to see if they were interested in serving another term. If they were not, staff was directed to advertise the various positions open. Hurm noted there was a current vacancy for a Representative to the Shorewood Suburban Alliance Board of Directors. This representative would be involved with housing issues. An important issue may be to assess ways to maintain and expand affordable housing in the City of Shorewood. REGULAR CITY COUNCIL MINUTES November 29, 1995 - PAGE 7 12. ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO APPROV AL OF CLAIMS Bean moved, Benson seconded to adjourn the City Council meeting at 10:00 p.m., subject to approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial . ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD WORK SESSION WEDNESDA Y, NOVEMBER 29, 1995 MINUTES COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 1. CONVENE WORK SESSION MEETING Mayor Bean called the meeting to order at 10:04 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, and Stover; Planning Director Nielsen, and City Engineer Brown. 2. REPORT ON HIGHWAY 7 CORRIDOR STUDY Planning Director Nielsen presented the MNDot / Consultant preliminary recommendations of the . Highway 7 Corridor Study from S.T.H. 41 west to Hutchinson. Due to lack of funds, it will not . be possible for this segment to be widened to a four lane divided highway in the near future. The goal of the study is to make changes which will improve flow, eliminate hazardous areas (such as access points), and try to establish an ideal spacing between intersections and access points on Highway 7. These improvements will include widening the highway to the extent possible, achieving right and left turn lanes, and creating a ten foot paved shoulder. Nielsen reported MNDot has been authorized to apply for a grant to fund the additional four feet of paved shoulder beyond the six feet which were planned for. The ten foot shoulder would provide a borderline adequate area for bicycles to use as welL MNDot / Consultant is currently proposing no changes to Highway 41. The Lake Linden Drive access will be closed entirely (this had already been determined in the Comprehensive Plan). The Wood Drive access would be closed. The Pleasant A venue access would be closed and a four-way intersection would be created at an extension of Wiltsey Lane and Sandpiper Trail (Chanhassen). Chanhassen would then close North ManorRoad and there would be one aligned intersection to handle the traffic in that area. The access at Seamans Drive would be closed and Yellowstone Trail would be extended to Eureka Road, which is a collector street. The Wagner and Freeman Park . accesses would be closed and consolidated with Osha and Shorewood Oaks Drive. There was also discussion to align Church Road with Minnewashta Parkway and possibly install a stoplight. The Planning Commission, in their discussion thus far, has expressed the four lane highway is the best solution in terms of safety. Commissioner Pisula, however, feels that this will increase the capacity of Highway 7 and encourage development to the west. This is also a concern of the Metropolitan CounciL Financial constraints prohibit the construction of a four-lane highway at this time, but the Planning Department suggests improvements made now should be geared toward that ultimate design. The Planning Department alternatives are as follows. They are in favor of the ten foot shoulder along Highway 7 as it will be considerably safer. The alignment of Highway 41 and Highway 7 should be corrected. This intersection is skewed and dangerous. The Lake Linden access closure has already been planned. This needs to become a part of the CIP. The Wood Drive closure was not recommended by staff but appears an area for further study. Most residents do not use this intersection as it is not controlled and there is no opportunity for a right turn lane. There have been consistent complaints of cut through traffic from Co. Rd. 19 to Highway 7. The access at Pleasant Avenue may require further study. The MNDot / Consultant recommendation would require condemnation and improvements to Wiltsey Lane. An alternative may be to clos~ the access completely. The access at Seamans Park Drive would be closed and Yellowstone Trail CITY OF SHOREWOOD - WORK SESSION MINUTES November 29, 1995 - PAGE 2 extended over to Eureka Road with a possible stoplight at Eureka Road. The Freeman Park entrance could be extended east to Eureka Road. The Osha access would be consolidated with the park entrance and the Wagner access would be eliminated. Nielsen reported the Park Commission supports this improvement. There was Council suggestion to continue this access to Shorewood Oaks Drive Nielsen reported the study is considering the placement of two passing lanes on Highway 7 between St. Bonifacius and Hutchinson. The intent is to open up traffic. The requirements for passing lanes are a minimum of one mile distance, as straight as possible and the least amount of vertical curvature. There was Council consensus to support the proposals for improvements submitted by staff for improvements to Highway 7. . Nielsen explained the proposed changes for the Excelsior bridge area. West bound traffic into Excelsior will exit on a right off ramp and east bound traffic will exit off a new right on ramp. These are significant improvements and are consistent with the 1987 Corridor Study. Nielsen suggested a letter be forwarded to the City of Excelsior noting the City of Shorewood's approval and commending them for their planning efforts. . Nielsen explained the options for the Water Street access. There was Council consensus that the right-in, right-out and neck down in the median were positive changes. However, the Council felt it appropriate to consult the City of Excelsior and consider their suggestions before any definite recommendations were made. 3. ADJOURNMENT Benson moved, Malam seconded to adjourn the Work Session meeting at 11:15 p.m. Motion passed 4/0. . RESPECTFULL Y SUBMITTED, Lorri L. Kopishcke Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET BUDGET AND AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the City Council has levied for, and budgeted the transfer of monies for capital improvements and purchases. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the following amounts are hereby authorized to be transferred between the following funds: TRANSFER FROM Tonka Bay Liquor Fund Shorewood Center Liquor Fund Capital Improvement Fund Park Capital Imp. Fund Park Capital Imp.Fund Park Capital Imp. Fund Park Capital Imp. Fund TRANSFER TO General Fund AMOUNT $15,000 15,000 20,000 20,000 64,800 25,200 33,000 $193,000 General Fund City Hall Parking Lot Fund Silverwood Park Imp. Fund Cathcart Park Imp Fund Manor Park Imp Fund Freeman Park Imp. Fund ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of December, 1995. ATIEST: Robert B. Bean, Mayor James C. Hurm, City Administrator 1F3 fJ- To: From: Date: Re: . MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty cioug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 Mayor and City Council James C. Hurm, City Administrator December 7, 1995 't .0 ! ,j'J Permanent Appointment - Connie Bastyr November 22, 1995 marked the sixth month anniversary of Connie Bastyr our Part-time Clerical Assistant. Connie has done a commendable job during her probation period. Her main focus has been on parks and recreational areas. Based upon a positive review and recommendation by Teri Naab, I hereby recommend that Connie Bastyr be promoted to permanent part-time status, and her salary be increased to Step 2-$9.28 per hour effective as of her anniversary date. . A Residential Community on Lake Minnetonka's South Shore 1P3B ~.... CITY OF SHOREWOOD MAYOR Robert Bean COUNCIL Krisn Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236 rvIEMORANDUM . TO: FROM: DATE: RE: Mayor and City Council Brad Nielsen 7 December 1995 Smithtown Meadows - Request for Extension of Deadline to Record Final Plat FILE NO. 405 (94.11) Chuck Dillerude has requested, on behalf of Abingdon Development Corporation, an extension of the deadline to record the fmal plat of Smithtown Meadows (see attached request letter, dated 4 December 1995). The title problem was something cited by City staff and needs to be resolved before the plat is released for recording. Approval is recommended. . cc: Jim Hurm Tim Keane Larry Brown Chuck Dillerude A Residential Community on Lake Minnetonka's South Shore A+t~ 3~C# . . DEC-04-95 MON 11:09 TON Y EIDEN COM F' A N V Mayor Bean and the City Council City of Shorewood 5755 Country Club Road Shorewood, :MN December 4, 1995 Dear Mayor Bean and Councilmembers: RE: Smithtown Meadows The City Council approved the captioned Final Plat on October 9, 1995. Subsequent to that but prior to release of the Final Plat Mylars for recording it was discovered by the City Attorney from his review of Title Insurance that one party having interest in the plat had not been included as a signatory. . We have, since that discovery, had the mylars redone and are now attempting to make contact with that signatory for her execution. We expect to accomplish this matter within the next week since it is our intention to have the plat recorded before the end of the calendar year. Mr. Nielsen has advised us that the resolution approving the plat specifies recording within 30 days of approval. Those 30 days have expired while we have been working toward correcting the signatories. We hereby respectfully request an amendment to the approval resolution for the Final Plat of Smithtown Meadows allowing until December 31, 1995 for recording of the plat. Sincerely yours, Abingdon Dev~~~p~ation fhjl~ ~%-ilierud Director of Land Development 4100 BERKSHIRE LANE.PL.YMOUTH, MINNESOTA 55446-(612)589-025 t FAX(612) 559-6423 . ~..'r --..- --.......-.....r......-.... --- ...._......~.. P. 02 .~ {J:i:::::!::1:1I:::::::::'~'}::::~ Memo :::f1fllW::':':':::::.::::.:f1l:::::::. .-........ ... ............... i!1l::;:::1:~~1:::j!1:1:1!:i:i:!:11l1!:1:1:...... ~..l.!!li.~ . ,.~ ;;~:w,;.~, c.' .' @t,0.@:C'." .^." kJcWl'.... DATE: December 5, 1995 ~.~ :.1" TO: James C. Hurm, Shorewood City Clerk FROM: Donald F. Monk, Hennepin County Assessor SUBJECT: 1996 Local Board of Review Dates . Wednesday Day of the Week April 3. 1996 Date Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Review Meeting. After reviewing previous meeting days and your suggestions of last year, the above date was selected. I sincerely hope that it is agreeable with your council. As there must be a quorum, I would suggest that an informal review of your members with a request that they mark their calendars would be appropriate. Please confirm the date set out or call Tom May at 348-3046 with your alternative date by December 29, so that our printing order can be completed on time. We suggest starting times of6:30, 7:00, or 7:30 p.m., but will discuss it with you if you wish a different time. . Your early completion and return of the attached tear off strip will be appreciated and we will send your official notice for posting as required py law. Please return to JoDee Nelson, A-2103 Government Center, Minneapolis, MN 55487 ------------------------------------------------------------------------------------------------------------------------------ CONFIRMATION Municipality: Date: Time: Place: Confirmed by For selecting meeting dates in future years, the following information will be helpful !tab CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION ADOPTING THE 1996 BUDGET AND APPROVING THE 1995 PROPERTY TAX LEVY COLLECTIBLE IN 1996 WHEREAS, the 1996 Budget and 1995 property tax levies collectible in 1996 for the City of Shorewood were submitted and made available for public review at City Hall on November 22, 1995; and, WHEREAS, a Public Hearing, upon notice duly given, was held on November 29, 1995, for the purpose of receiving comments from the public regarding the adoption of such budgets and property tax levies; and, WHEREAS, the adoption of the 1996 Budgets and 1995 property tax levy collectible in 1996 was held over to a subsequent hearing held on December 11, 1995. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the following budgets are adopted for 1996: General Fund Water Fund Sewer Fund Recycling Fund Stormwater Management Fund $2,516,698.00 380,322.00 877,242.00 74,806.00 136,842.00 2. That the following sums be levied for 1995, collectible in 1996, upon taxable property in the City of Shorewood for the following purposes: . General Fund Less: HACA Net General Fund General Obligation Water Revenue Bonds Storm Sewer District No.2 Total Levy $1,987,648.00 (413.718.00) $1,573,930.00 16,275.00 8.508.00 $1,598,713.00 3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of December, 1995. Robert B. Bean, Mayor ATfEST: James C. Hurm, City Administrator ffS '-:..... ,c '\ MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDUM . TO: FROM: DAlE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 29 November 1995 Zachary W oads - Preliminary Plat - 3rd Application 405 (95.37) . Earlier this year Brent Sinn received City approval of a four-lot subdivision called Zachary Woods. One of the conditions of that approval was that Mr. Sinn had to obtain an easement from the Galpin Lane (a private road) as access to the easternmost lot. Negotiations between the developer and the association have been unsuccessful and the developer has now submitted alternative plans which do not at this time require access from Galpin Lane. The developer has submitted two alternatives for the development of his property, either of which results in three lots (one with the existing home on it). Exhibit A is the alternative preferred by the applicant. As can be seen it creates two new lots on Galpin Lake Road with 100 feet of frontage between the new lots which would be part of the existing homestead site. After discussions with staff the developer has also submitted the plan shown on Exhibit B. It differs from Exhibit A in that the 100-foot frontage for the homestead parcel abuts Galpin Lane with the two new lots located to the south. Attachments 1 and 2 (copied in yellow) provide background information on the previous requests. ISSUES AND ANAL YSIS It is worth noting that the Planning Commission has recommended approval of two earlier versions of plats for this property (see Exhibits C and D). Exhibit D was approved by the City Council. The two new alternatives have been evaluated based upon review of Shorewood development regulations, as well as comparisons with the previous plans. This review takes potential further development of the property into consideration, as well as the current proposal. Alternative I (Exhibit A) This alternative is not favored by staff for the following reasons: 1. It results in two streets located within 100 feet of each other. A Residential Community on Lake Minnetonka's South Shore qfwl1 Re: Zachary Woods Preliminary Plat - 3rd Application 29 November 1995 2. It requires substantial wetland alteration and mitigation. A future street would cut right through the wetland. . 3 . Construction of a future street requires considerable site alteration and loss of trees to achieve an acceptable street grade. Alternative II (Exhibit B) This alternative is consistent with the previous approvals by the Planning Commission and the City Council: 1 . It consolidates access with Galpin Lane. 2. It accommodates two different ways of developing the large parcel in the future: . The owner or a future owner could split off the rear lot upon successful acquisition access to Galpin Lane, subject to the same terms as the final plat approval approved by the Council in the applicant's most recent proposal. b. The owner or a future owner could build a City street to serve additional lots in the rear, similar to the earlier preliminary plat recommended by the Planning Commission. It should be noted that this alternative involves considerable site alteration and loss of tree, but not likely as much as extending the cul-de-sac up the middle of the property. a. 3 . Either of the plans referenced in 2., above eliminates the need for wetland alteration. RECOMMENDATION . This project underscores the problems associated with private roads versus public. If Galpin Lane were a city street, access to and development of the subject property would be controlled by the City rather than individuals. Given the circumstances as they exist, however, it is felt that Alternative II (Exhibit B) allows the developer to make use of his property, while at least providing some potential for the future development of the larger parcel. It is recommended that preliminary plat approval be granted, subject to all of the previous conditions which had been imposed in the earlier fmal plat approval. cc: Jim Hurm Tim Keane Larry Brown Brent Sinn -2- 2 . \ p.\L. '-< '" _\,,~ ~f-'....~ ZACf-\ARY/ Wooo~ . ~ OIJJ JJF..I(;' U= vI:. L.O PEi.. . bRENT S, tJ tJ 00:'7 G.A.LPII-l lAKF- ROA,D 'SI-iIOR.P.. v-lOOO r m It,,) rJ.~so"'~ 5:: ~:,\ ?....ul.\F.. 19\"2..- 4-,c. 00510 \~ ( .0 '-!;f .11 ~ .[" '" "'''' ..-". .!."19 ~ I I ) t . S..-1..) .. ::..Ji"'. \.C,,.~I~_~...---,,: ,,-,,"- . Nit1' \ ~ E. ::::--- -'. - jOOtr- -- ,-_/ l()li'!. -~,~ . ( .~ J In . . _, / ,-_J:: '00 ," ~__ !t~-:-~ . - - . "'--' ~- ~, -----. ;' .-.- SUlZ.OE'10R. Al...vf\NS Lr-.tJt) SUP..\J~'{I~ 12\ IF-u..J\s SIQ.,~,:.,. S. S\J.I"i'"~ \'\0, ~c..2... ~r--;:"KCPF.;::_ , (II I IV''').=:' <;a,P, S??;C) 'C....o.....c: bl't.-AAS.c..02..7 ENG.lJJ F..~~ ,l,f',sc.A Et,,)G.. I tJc. 32..1 'S, l'lI A-R-;,c,\-l i'lU,. ko~Cl 'Su,,"i'"F.. ~~. U)0 'S1-\;:..KOOJ;i; t(\.ljoJ EC;c.>r~ I So:, '!1Cl R..<.~ ~12.- 6.~'S'/C)=)::' ~ ~o ~o I 5de in ~e.e.+ ;....0 .......- ....... _.---==-\. " \ . l' \ "t::Ta~ ,}, '\ . '\.l "\ \ :,''')- ,- , \ ~ 0.. ~O~ IWG, "- 'R \ c.. lJM'E~S~s.c ~ rf\ I a.) rVM-1>.HA G\S ie-,e..,.. St-H-OO L ':. 21G p,~F.A -. 3.12. ikc..e.~- ;' , D';c;,,(.R,O'T,Oo.,l PARCEL 1: " , LoI 199. Auditor'. ~~lf.,!XCEPT lheI IJIIn of Did Lot 1911 tvlnv Southerly 01 e line p...."" wlth -.d"~lIMrtlortlt of ''''' North Hne of ~ s_\ 8' .Ilownon .eid plel. AND. tXCEl"il"'r.rt'lNnlof u-Ibed .. 10110_: C-..clng e, .h, Northee.. corner or:l..o\ 199. 1\UdItar'. SubcI_ No. 1311, Hen",oIn County, Minn...o'a: 'hone, South _\lien cfeogNnEMt 8Iono ,,,. bat Une of .ald Lot 199. 150.2 lee I: 'honeo Wa1!14O.2 t..t: IhoncwNortl\ -ctevr",W"1 175 '"110''''' North Ano of '.'d 10.: thone, North lIIgIl\y_ oeor- '"- mInu,.. Eel! 40.75 1..1: IIltInca Soulh soven,v.Rvo degr... lorry mlnule. Eae1107 _110 ''''' point of bell-g. . .f..' PARCEL 2: .,.. ;. . :;~" . ThaI tNrt of Lot '''' AudItor:. ~1IIAl!~-:ns. ..........c.Mlty. ~."... Soulhott'r 01. _ ......-lW\..~ . M,,1Ifti Ihw..",............,..,.ll_t e. ._ on .aId plIIl...., ""'V he_oJ". ":ft.2 '~aot""'of -.d pa.-lltI wllh the e..,,,",, line of .ald Lorigg. '. ,;." ?-:--.- -- ......... ~~' ~u;'~..~ ~'l"_).r''"'l':,'~_\ / /' . - I I 1-"",.0 _\ '/. // ---I -,~ .., 1--" ./ \ -~, I :~-:;-l' II UEl.1~~~ t'"'tl!vPv\F.t. ~I"'''~'''' ~~~.:l:!. U~"'fJ'f.', IJ.JAL"'-''''';'''' 1\ ! I ; J / . /~ -\ I ~ 'N,V. ., / AH-VMf', V~ I t::>Ol>oC";. -: 7.1'i0 '1 ~: I' /' j". l f< 'Q. 0.-,' ,-- --...- -- - -- ___ Y_ r .:. ~flllr.Et>: ..jv.~~ 2~ \qqq t:=':')l<~o: h..,...,., 2' IqIJO '.~ .;~'>>AC;;.. i.~._"''''~ f:~J.:..r... ~"~-'"'.."C!:tE' -'. ,'.... :~. 1(:,..4u N 1t.J"51'Sb'F.. t> .. ," ~. "..:'. ... ... ~r.'... Exhibit A APPLICANT'S PREFERRED ALTERNATNE \ P.I~ \ -- ,."'.''''' '-":. F_ .'-"'~ ~---- Z-ACHARY WOODS . JIIJAJF..Q. -t lfiJF_LOP~ bRt.J\1T S\ t-J ~ ~C:'7 G.A.LPI'-l L/=I.KF.. RoA,o 'Sl-\ORP.. wooo, m 1~.v.~SO"''::' 5Z~~\ 'P,","vlJF.. (g\"2... 4-/0. 005<.:> I ) d' ---!-.rao-c ~...-..) c.~\Jr-- . - .-(~...r . 'a..W; e. ~. 'Jp.~"- N'C; \ \"/ -~ '" ~... ~~-:- SU"IlE'10R. A.........A/'J'i, Lf\rJtl SU~lle\{ItJG. 1'2..\ LF-I,.lI":. '.,TItc!/:'T ~, ~ ,-:-~ \\0. lC.2. ~r-''::.t<..cPF.;:. J ()\ lIuvv:.C;O'T"1:\ SS?iCl e.. 00..1.. U.11.- tUl. S - Co 0 '-7 EIo.lG..Il.JF..I:.~ ITASc..A Er.JG., I we... :, 2.1 ~. rn ~K -;.(,.... "'u- I<oIloC '5 v. ,Ie. tolo, U>Li '5"'':::''\<0 o~;; ffi'AJrJ eC;o1"";:l. I ~'5'ljC\ M..o""'l '-12.- 6C;c;,--,~? Z-D)"J I\-JG, ~ R \ C. \.lA<~~'S,.,stl, rf'Ill,)r.Jh>.,-IA 0.""''-1 Se.. H-1.lO L', 2. '"7 Co p,;:~'. 3. i 2. A:c.e..a~- 'Z;o"" ~ "" ~ Sd€. ill ~e.e.+ '/ (,t> I 1 . O'E<;'c"RI~'O'-l PARCEL I: LOI 199. AllClltor'l S\IbclIwIIIoII ~.~ 1MI -' 01 Mid LoI 1ft koinG Soulh.,,,, 01 .Ilne II.."" wllh and1lllt~~ ~ of I". North line 01 ~ SlfMI n. .100_ 0" 1M INL AND EXCEl'il118t"ptrt'lMowol d.~bed .1 101_: C......".netng ., I'" NorI.....1 comer 01 LoI In. AudltGr'1 SulId_ton He. 135. Henneoin Counly. MI"""'OII: thenCe Sout" _d.-bit alIIno'''' bal_ of Mid LoI 198, 150.2 '''''I: thenCe W... 1010.2 leet: __ North.- """... We.. 175 '_I to t'" No",,"no 01 .ald 101: t"""co No"" "'9IltY.... Oevrwe" m_ """IIlH Ea.l 010.75 t_l: Ihenc. SoUl" .ev"n,y.!ive 1In00e.. ",fty _" eall 107 '..1 to lite ooml 01 be9""""II. ~ '1M). , V~loICieS '~uPo"F.t> F.loIl'i.... G~l! Ul!"'t:.' f.", WlAL'f<. W'- - 'j' - , i \ -~~ -l LJ I \ PARCEL 2: . == Thet pen 01 Lilt 199. _'. . .........,~. ~ lIrinlI Sou",""" 01 . _ 0...-.""""'" . "IN ..,.,.....otMlIrtwlhnet ..1_ on'M plM and~Eatl'ittv""'IIfiir~.21~.llerlyof...o ~wlIlt I'" Easteriv ..... of ..ie1 LoI ; 99. \<tl~C ~Q.F.~' l4, 4-00 ~. ~. A\fu~("~- ,\ f ../\ ;.A< ~ ~I' r- --...- - --- ......:, "'-...r:..:. \ ;::EIlI'~: ...lloll..'( 2c. \~ e~~6: ~...._ 2 ~ i.';'J\~' ............ & .-. tt"'a~o. ~~.."'eflt'i. (.'.~ ~"""loeo:~~ tl I~ l1E"''!o~\): ~M.ulo\l." '., ~ 1:.EIl\~CA:): C:'l' l;lt,.......". '1.C, 10lllS ~&.I"Cll'. C~flEIt ~I, ''l'l'i lb.40 ~ 111"STSb'E. ... Exhibit B STAFF RECOMMENDED ALTERNATIVE ,01 ?~ . r- . .:} ~1 :r- ,.. ~ It '!: , R; .. j , -7 \ I ! , <I ~ (J 1- III ILl If) ('i t- () Ij) t/ - a ') ~ \ 0 }- ~ . 6- ~ OJ ,./ U. tV < :s - ."> '> .. ~- -- ,., Ii " :> ,) ~ "', I' ~ I:: ! ;\~. I ( \', nI~gi5 n l .... 5_tj ..s "j" .:J,;c. l~J : I~P u 3 r- l :1" !H~!HiG ,ii lP::.!:q.!~ ~€D jl;l":ld- lit l~ ;;:~ n hp~;-::i ji~ 5i-l.hl~! liH l.lj ..!:~: "':I:!! . --,:1 I' .::!~it~~iS,::'6~~ lHJU;iH: " 0, ~ ., ~ ~ ~ ~ . ,., III ft.' (: h) 0 2 ~ ? H, ~ '1 ? _, E ,0 ~ u ,. I .. oJ ;: l"f ,... <; ,j !~ ,,; II.; "~ ,., ,. n II .,)f ,(> '" ., 0" I) ~ 3'u 'J IY I to. ~ . ,,, ,fj, " " ? Lj) o o o 5 )- CY CC 7- () (J~ I~ f- <( '---- r, ( - ../- --. r- \-- ~ l ~ 1.... ~'" I 4:_t:_iC~f . '1 Sf ij;:;~....; q: ~.1 "at ~ !3" . I! 0- N-.~~;~ 5 : ~~:.~j~~ ; ~~ra~~dl -,.0:::::4 :C~lL"," ~ I ;; ;;~~~:~~ .:: ~~ ,,"',. '! ~ oS -$:j$5~":">~. '" bt Il''''..... l"'" (V OJ!)J6IO'CWQJ~ o,! J (j o l- lL) IJJ Oi 1- ~rj) ~ 4 "1 .i .- .. 0 i ~ o U 1: ~ S \P U I- ~ - ~a~ L~iY ;i. ~"'6 '6 ~~ \II \.1 ~ 6~~ ::1 u1 -:177 oOL 0/5.5 d: \ nl ul ~j \~~ Z~ .0 )- ([ ()J CV :5 2 t:> w I- a Z \~ J ,..I (1, r:r~~D~ 01.. - co.:t i~~ ~~~&~~J: .&11_ :~lum~. -;,.J :s~~:l~ fji ~~~~3!:. i~of 1'0_. --01 :IjJ:.~:';i ,'U - 010_ -.,.: j_ 05:- " 0 ~... 0 o' : -;:-.'"o~ . ~ ;Z'Do:a'"''''_ I;;; D..Z_-_O 1- ii!j.:~~I:' j.. tL€;f~:;. . ~ ! UI.!o"'CIO~CS .. '~'f~~Hel! t; t ....n.;~1eiiH!:.} .: ~ii::"~' l ~!Hf' ~':' 'c:i_r;l~; _J;,tU. Exhibit D PREVIOUS FINAL PLAT Approved by City Council i! 01- 4: () & ~ ,;; ~ '. P" U1 u! "'2 1I10 -;:: <' If'l 0 "2 <1 - . -'F '0 f..J 2 - (.~ ~ (! I- ~~ r- 1f!1f't-J ?g;~ :? . o <( cQ ~~,() ~)'" ~ :-< v:',,1 ,-... )- . ~(fl 01 -< ... - -: ..\ , .1 . FILE CB~Y COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOAEWOOD, MINNESOTA 55331.8927 · (612) 474-3236 MEMORANDUM TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 27 July 1994 Zachary Woods - Preliminary Plat . 405 (94.17) BACKGROUND Mr. Brent Sinn requests approval of a preliminary plat for his property located at 6035 Galpin Lake Road (see Site Location map - Exhibit A, attached). Mr. Sinn proposes to divide his approximately 3.7-acre site into five single-family residential lots (see Exhibit B). The property is zoned R-l CIS, Single-Family Residential/Shoreland, and is occupied by the applicant's house and a tennis court. Surrounding land uses and zoning are single-family residential, zoned R -1 C. The site rises dramatically from Galpin Lake Road._ The existing home sits at the top of a hill, 28 feet above the street. A small wetland lies at the base of the hill, near the road. . The applicant proposes to access the five lots with a new street which would extend through the existing wetland. In turn for filling the wetland, the applicant proposes to create two wetlands, twice as large as the existing. The plat initially submitted proposed to demolish the existing house, leaving the tennis court as an accessory structure with no principal dwelling; Consequently, the public hearing notice included a request for a variance which would allow the applicant to keep the tennis court while he built a new home. The plat has since been revised, keeping the existing home and tennis court together, eliminating the variance.- ISSUES AND ANALYSIS Review of this plat raises several issues: A. Zoning. AHlots meet the minimum width (100') and area (20,000 sq. ft.) requirements for the R-IC zoning district. The lots range in area from 20,000 to 46,500 square feet and average 25,880 square feet. Despite this compliance, site grading (discussed further on in this report) appears to raise questions about the build ability of the lots. For example, the existing house will sit over 11 feet higher than the cul-de-sac when the street is cut in. A Residential Community on Lake Minnetonka's South Shore ~t+. I Re: Zachary Woods Preliminary Plat 27 July 1994 B. Wetlands. The City's Wetland Map (Exhibit C) shows two small wetland pockets on the west end of the site. The applicant's consulting engineer has delineated the Wetland Conservation Act (WCA) wetland on the plat (Exhibit B). He advises us that the southerly portion of the wetland has been filled in the past, resulting in the configuration he has shown. . As can be seen on the plat, the applicant proposes to fill in part of the wetland for the new road. To comply with the WCA, he proposes to create two wetlands, one on each side of the road. The size of the two wetlands will be twice that of the existing wetland area. This wetland alteration requires not only City approval, but also Minnehaha Creek Watershed District approval. When considering wetland alteration requests, the first thing the Watershed District examines is if the project can be done without altering the wetland at all. In this regard, staff has discussed two possible alternatives for the location of the new road with the applicant's consultants. The first alternative was to bring the road in where Galpin Lane (a private road) intersects with Galpin Lake Road (see Exhibit D). This would require that the City condemn some portion of Galpin Lane. While this may be the best alternative from a planning and engineering perspective, it may be politically unacceptable. The second alternative reviewed was to locate the new road approximately where the existing driveway to the house is located (see Exhibit E). While this avoids the wetland, it places two road (the new one and Galpin Lane) hazardously close to each other. From a safety perspective, this alternative is not recommended. . Getting back to the applicant's proposal, Shorewood's Wetland Ordinance requires that an earth change plan be prepared for any project which would alter a designated wetland. Requirements for the earth change plan are set forth in Section 1102.05 of the City Code (see Exhibit F). c. Site Grading. The City Engineer addresses this issue under separate cover. The cul-de-sac for the proposed street requires a cut nearly nine feet deep, raising some question about access to the existing house. Between this and the proposed wetland alteration, it is recommended that a grading plan be prepared prior to approval of the preliminary plat. The grading plan should specifically show how the existing home can be accessed without exceeding an eight percent driveway grade. General Design. Lot lines on the plat should be adjusted so as to radiate from the center of the cul-de-sac. This can be accomplished without any lot dropping below the minimum lot area or width. D. The applicant has illustrated how homes might fit on the lots. The buildable area on two of the lots (2 and 4) tapers to 33 feet deep or less. As illustrated on the plat, this leaves very little room for decks, porches, etc. Consideration should be given to flipping the house layouts so that the garages occupy the shallower portion of the lot. - 2 - . . Re: Zachary Woods Preliminary Plat 27 July 1994 RECOMlVlENDATION As with several others, this plat would be effected by the moratorium which has been recommended by the Planning Commission and which will be considered by the City Council on 8 August. The moratorium not withstanding, staff can not recommend approval of the plat at this time without review of a grading and earth change plan. Before the applicant prepares such plans, however, the City must give serious thought to the road location shown on Exhibit D. If condemnation of a portion of Galpin Lane is out of the question, then the applicant's plans should be based upon the plat which has been presented. cc: Jim Hurm Joel Dresel Tim Keane Brent Sinn Allen Hastings - 3 - \ ~ ~ ~ "'~ ~~ "" " .) \ -::L j ) . , .- -'"" 'IS / 1 !\ g. :::g. ~ o ~ ... ~ ; J ~ ~ @h ~ <:.s. \ti2) ~ . , Ii '1'1 u ::IE , I ....ll!: :; r:- , , , '" . ,'. r-') ,&>, \!___..~"J____ : '~2________ .'" ~ '" , ) , , , . , ~9!i ; ~: ---l----..----------------_..__~j_____..____..tl!i.._~_~' ~~:: -l --- w: ------ --- , , ; f"'i :, ---::::.:,~::, --------------_.._------~ !fl" .:.-:----------------------- " lJ.9~ ~~~~ La ~:........ -........~Z1S[ .-...... . ", \ 11'\ 8: Ql ;' ~j -..' ~ ~ a.~ ----T----.-----------~-___j'l?r- ~ : ;.: 1 'lA ~o. i 'X f.... 0' ... ~ .0." ,.' ~ '" ... ........,~........ E~~ ~ >- - . .. ," - ~. __:_01!___ ? . ~:~ ~ t'~~--=-~-l , ~ ,~ ,: -\ --'y- - -- t---ou-:': ! "', . .. . , , i .....' "'j; I~ ... .. N .. ...~ ~- -'" ^ '<i'(~ 'o.~ . .,j ....p~ \; \.!.~ ~'0ClI .. ! l' 'Q ': . ~ '\.: ~ ~ '\.1______________ ~.. ... V"{LI tt .------, , ~ 0_," ~ ,:<:e .... ~~_:._.._----_.._.: . : :2 : , , , . -----....-----.,--..~ a I ...1 :zolJ' : I r:: I , ",' ~ : i 4,.~ i ... t ,\dl : . ':: ~~._--. I,'; ~ :;; ~ I. :: , '. .~: -- -.u :;: ~ \ .\~ ~ ( 1\' , '-=. .,.. ~ \ /<~ j ~ -----------=-~~~---j <.D .. .. ~( ....J C' t-~ > o t:) '" '" ~ s ,., /..' , " . .'.:. ..... .&I....... ll6> N ~... 1-:;- ".. ~J~- ~ j!; "l_< c ll;> ',,- '- ,< ....;:r:"'" <0 J:\ ':r - -- " \ !' IC..~ ~\ - --- 18-.. ~ --- ... _ '" .......--.:I-..J ttl or '~"~.... "1 ...... ~ ------!it./ ~ '::') _ "1':!~t \;,... .... - ...... -'. --. -, -, ----------._~,/ -----..- '~4 :8 ~,/ t, --..--i)1l..~..~--.........!.~<'~ ,/ .' -,'.I $~;;~,,:,/ m ..: " . !:!,' " '--~'-i.:" '!:' .~ ~' ~,.~ ,/ "<'.':'':~'''': ....: :......::.. ... :.. ~ '.' '" ... '" .-~. f'" . ,.: <0 '" <; .... $ ~ ~ .. N 8 , I xiliitA: SITE LOCATION Zachary Woods - Preliminary Plat J 3 '-j Q 01- ./ , \ )- LX' C[ J: () ([ ~( ;\~ .l (v ~~ o Q tY.~~-' IL' -i .... q) ~?"ll '2<1-"'0 ';;f "2..1E ,) a. - "2 1- <> t() II 0 ~ I~ i 0 ..j ~ \_ 00 3 :; (II) '7 \oJ "--t Ef1.r-~ ':l CI-D'n 0 If ~ l.')~ ~ () ~ f )-", I~;: r- ~ ,po .~ .' '" -" ~.' Q ~.. 2~1 oJ \ )..... . ~ 0" .1' ~ ,- ,...<' j ". .P:;! . . ~ +P ~ :~. '! o! 0 j-:7 11 ..!) o 2'" () OS ~~~~.~. ~ ~d ~111~ :3 en Otl ~ a ---. I> r t .ti ." -> .: .~ .::!! ;j ,n I '" 1 ~ .... --" ., ~ :! -'~ :2 ,5 ~ Hfj~a iJ! i!j i ...fil! II i! ~ " ~!I .1~Jt ~1:Si!~ i I di!~!~ Iou..:':. ~i&f!';l ~ilHIH ~ '.;;, .... ? l , ~. .. , -7 I ~ .", l':t 1- 11\ It.! ell U) )- d I ~ ::5 > ",. " Ii c. :;. .{P ..6 Ii Ii 1& II! {Ii ,n liJ .n II!;; " ',( 9E o[~ '-" ,r-- / .. / / I - \ f . 2- ~ . '7 , ! '? (:; ;l~ ) .~\\ I .J ( \1 or- ,,3" :.3 .,J ) <) c/. o~ ~ Q & ~ ~.9 14.' -i ,., w) "2 ~ ?~: g ~ 2-'E .) a -""2 ,- " t() 1[" " I~ ~ 0 ,.) ~ 1_ ,,0 3 :; (j 2 Ii! ... ,"JII'-:l ~ u= .n 0 I ;1t{) (,I:I Il. ~-_.)if) ..) d '/l !>j ~ )- .1 Ill. ,{I;Z r- ] lP ~ :: ~ ? I ~~! 2 ~I ~ L~ ,I ~ ~ :;j ,.- ,(I ,,d ~~: ~ ~ ,_ ..1 <: ~ .:! It r- , J> ,,) . - J,. ~ .;. ~ of' .;:t' '! '4~g~ g- el . D j -:7.l.9 .. .. o "2 u: n.. III .1 "'0 ..:. r " .J rJ " ~ . E ;." .. J U!} '.'! 'ol <l. 0 ;;;.-i~,j,li ,i ~~:"if~ .~ . ~ ~ ~ :zi ; .~ l v' 1-"''''"' t. I." ,. ,J .j I. '" (5 c)~ - .. 'J: ' rv:? ." l..JC. J .s>::l "c r- tJ C ,~a: o " N '2 Q .' ,- -2 '~ ...J iii [) ~~ g.. ~ I I~ .1. ~ 1'-1 4. () II ? (j)" ~. 3' -t '" ~. : ~ ~ j o . ~ u. _ .. " i ~~ .. - .~ :J () ~ 1- 11\ III rJ " If> )- d. I ~ ::s > ~- ,... f' ~ c' 3 !fI1iH ii' il 1;1' ,<OJ IrH~~' h :i!~aa fJ! ~IJ!~~:! ~H liU31.:i I'! ~l:fl;& i~ ~IIJiiH liH ~ J'i ~< .I~ '-;. ? ::. Vn 1 '/.. / ; \ )- IV ([ I () ; ([ , I'rf ._~ ~ 'j. " ,.. (') ~l ()., 'I, ~ L <( .l, Q...Q ,p i~\..\\ of ~ ~ ,,' '~,~ Q ~ I ~ -1.: (v ~ .~ ~ L.-I/ -+- t~ Ol ~ ;;; ~ I&.! "i ",I,,, "2~?~~8 ';;1 2.JE, Ll a. -., ,- :> lD rL 0 -.J ~ <'8 d (I\) '20? ; of ti::;~ t ~(D.~~J> (). ~ ,,> J ) ,J '-j d '----- //-- / -'~ . / . - - , ~tY', LJL ........., 4 , ,.. ;~ ~ r- I.gv' II' A' N .:J -;.,,0 ~.. i'" '" l);-:t;. Ul 0, .~ ,.. C ~ C" J' _I ,- . ~ '" Q :t' .! ~ ~ c.~ Q. .. o. -t. .. " .:1 r " _,It I lo. t.!!.l '-'! ~d. ~\l,l. :l Jl = ,'A" ~ u cn f . ~. ,. .. ~ -7 . ~ .. -5 I:; I- III \1J rJ /' Ij) :l .1 o . ~ .. )- a ()J lV ::s > -- L-:: i .! .. - '~ 2 ,) ~ "'. {' i c. l Hf!'_!H p; .... "if I_f!a~a ,,0" fir i~ :IPt!" aD 01-:;:1::[ fH i,:;!~!~ ~H I-J ..00 J a '''9jal:J:.1 Ii ~j=flJ i & ;J l1iJJHH gH ,!~iHf~j , ~H IHHj~2 . j,... ~ "....' 1J..l~ _ l: ,- <<) .0 <<) :.2 ~ >< - I.Ll ~ '.;p ...... ? > . 1102.04: CONDITIONS OF DEVELOPMENT, RESTRICTIONS: No filling, grading, dredging, excav.a~tion or C?I?-sm.:cri~:m shall. be allowed within the wetland conservation area l! such acnvuy IS mcompanble with the policies expressed in this Chapter and the preservation. of those wetlands in their natural state, nor shall the shoreline of Lake Nfinnetonka, Galpin Lake, Christmas Lake, Lake Mary, Silver Lake and Lake Virginia. be changed in any way by fill or excavation without an earth change plan beJ.?g filed by the applicant to so do and a permit issued hereunder by the Cuy Council for such change. COrd. 70, 3-12-73) . EARTH CHANGE PLAN: Landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction or direct the flow of water from any underground water source, on land located within the wetland conservation area or change the shoreline of Lake Nfinnetonlca, Galpin Lake, ChristmaS Lake, Lake Mary, Silver Lake and Lake Virginia within the City, shall first submit. a plan of development, hereinafter referred to as "an earth change plan", to the City Council which shall set forth proposed provisions for sediment concrol, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set fonh proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade changes and its effect, if a.I:1y, upon lakes, streams, watercourses and marshes, lowlands and wetlands in the area. The plan shall minimize tree removal. ground cover change, loss of natural vegetation and grade changes as much as possible, and shall affmnatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the earth change plan shall be to eliminate as much as possible potential pollution, erosion and siltation. COrd. 217, 7-10-89) 1102.05: Exhibit F EARTH CHANGE PLAN REQUIREMENTS MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 · (612)474.3236 MEMORANDUM . TO: FROM: DATE: RE: Planning Commission, Mayor and City Council Brad Nielsen 29 March 1995 Zachary Woods - Revised Preliminary Plat and Variance to Create a New Lot With No Frontage on a Public Street Fll..,E NO.: 405 (95.09) BACKGROUND . In July of last year Mr. Brent Sinn requested approval of a preliminary plat to divide his property, located at 6035 Galpin Lake Road, into five lots. A staff report, dated 27 July 1994, raised several issues relative to the proposed plat. Mr. Sinn subsequently submitted a revised plat, rearranging the proposed lots and cul-de-sac street. A staff report, dated 2 September 1994, recommended denial of the revised plat. Before the Planning Commission took any action, Mr. Sinn asked to have his plat tabled, after which it was suspended by the development moratorium. After meeting with City staff and the Minnehaha Creek Watershed District, the applicant has now submitted a new plan to subdivide his property into four lots. As shown on Exhibit A, the revised plat proposes three lots fronting on Galpin Lake Road, with one large lot fronting on Galpin Lane, a private street on the north boundary of the site. The applicant proposes to access Lots 2 and 3 with driveways located on the north and south ends of the wetland located on the west end of the site. Lot 1 and the large lot with the existing home on it derive access from Galpin Lane. The applicant has come to an agreement with the Galpin Lane Association regarding his use of Galpin Lane. Exhibit B provides a list of concerns of the Association. Since the large lot with the house on it (shown as Outlot A) will no longer have frontage on a public street, the applicant has requested a variance. Mt.z. A Residential Community on Lake Minnetonka's South Shore Re: Zachary Woods Revised Prelimnary Plat and Variance 29 March 1995 ISSUES AND ANAL YSIS . Despite the proposed alteration of the wetland and the variance necessitated by the revised plat, the new plan is considered superior to other previous proposals. Following are issues to be considered in the review of this plat: A. Access. The new plan proposes no new streets. Three of the lots have frontage on Galpin Lake Road, while the large lot on the east side of the site will front on Galpin Lane, a private street. Although Shorewood's Subdivision Code requires that all new lots have frontage on a public street, allowing a variance in this case will result in substantially less site alteration than the previous proposals. For example, the proposed cul-de-sac street on the earlier plat required a 9-10 foot cut, altered nearly one-third of the site and destroyed numerous trees. The previous plan also required that the City condemn part of Galpin Lane, whereas the new plan does not. The revised plat requires that the applicant obtain an easement from the Galpin Lane Association. The Association has suggested a number of conditions for granting the access. Following is how the proposed conditions in Exhibit B relate to City requirements: I . Orientation of the house on Lot 1 presents no problem, provided that required setbacks are observed. 2. Location of the driveway for Lot 1 must be at least 40 feet east of the Galpin Lake Road/Galpin Lane intersection. 3 . In order to comply with Fire Code requirements, Galpin Lane must be widened to at least 20 feet up to the new driveway for the existing home. The Association requires all such widening to take place on the south side of the road and at the applicant's expense. . 4. Landscaping near the Galpin Lane entry may be allowed as long as it maintains a 30- foot sight triangle. A landscape plan should be required with the final plat. A subdivision monument sign is not allowed unless there are at least 24 lots in the subdivision. 5 . As part of the final plat, the applicant must provide a cash escrow or letter of credit to ensure that all required improvements are completed within a specified period of time. B. Wetland Alteration. The applicant proposes to fill approximately 1570 square feet on the north and south ends of the wetland. Consistent with Watershed District requirements, he proposes to mitigate this alteration by a 2: 1 wetland replacement. This will partially restore part of the wetland which has been fIlled in the past. As part of the recently adopted Comprehensive Plan Update, the Planning Commission has recommended enhanced wetland protection. A 35-foot buffer strip has been suggested adjacent to wetlands plus a 15-foot building setback from the buffer strip. These proposed setbacks are illustrated on Exhibit C. The proposed wetland alteration and mitigation must be approved by the Minnehaha Creek Watershed District. In addition the City should require a wetland conservation easement over the wetland and the proposed buffer strip. - 2 - . . Re: Zachary Woods Revised PreliIIUlary Plat and Variance 29 March 1995 Prior to any work commencing the applicant must install temporary construction fencing and erosion control to delineate the limits of tree removal and fill. Fill areas should not exceed 3: 1 slope. Finally, the applicant's surveyor should, as part of the final plat monumentation, provide survey stakes to locate the wetland buffer strip on the site. C. Subdivision/Zoning Requirements. The proposed lots meet or exceed the size requirements of the R-IC/S zoning district. Outlot A has enough area to be redivided. However, due to lack of frontage on a public street, a restrictive covenant should be required stating that no further division will be allowed until public access can be provided. Since outlots are unbuildable parcels, Outlot A should be designated as Lot 4. Outlot B will then become Outlot A. This outlot must be legally combined with the lot to the south of it. The neighbor to the east of the plat alleges that a discrepancy exists regarding the boundary of the plat abutting his plat. The applicant's surveyor has been asked to address this allegation. The final plat should include a lO-foot drainage and utility easement around the entire perimeter of each lot. D. Tree Preservation. The Comprehensive Plan proposes that all new developments preserve trees. As part of the final plat the applicant should be required to provide an inventory of trees on Lots 1-3 (outside of the wetland conservation easement). From this inventory a determination will be made as to how trees will be protected. E. City Water. The Comprehensive Plan recommends that all new development be connected to City water. Water is not currently available to the Zachary Woods project. In such cases where it is infeasible for the City to extend water to a project, the following is recommended: 1 . Rather than a $10,000 per lot connection fee at the time of final plat, a $5000 per lot trunk charge should be required. 2. The developer should be required to install the internal water lines (in this case service stubs to the lots) for future connection to the city system. 3. A development agreement and restrictive covenant should be required advising future lot owners that hookup to the system and a $5000 connection fee will be required at such time as the City makes water available. F. Park Dedication and Sewer Access Fees. At the time of final plat approval, the applicant must pay $750 per lot (3 x $750 = $2250) for park dedication fees and $1000 per lot (3 x $1000 = $3000) for local sanitary sewer access charges. Credit is allowed for the existing house. - 3 - . . Re: Zachary Woods Revised Prelimnary Plat and Variance 29 March 1995 RECOMMENDATION Subject to the recommendations herein, it is suggested that the Planning Commission recommend approval of the preliminary plat. The applicant must submit a fmal plat within six months of preliminary plat approval. cc: Jim Hurm Joel Dresel Tim Keane Brent Sinn - 4 - 'll, ,1\\NP.e...'i- ,\<:.t.\...~ ~ / G ,.." L-- I ''- ~\ rf< Y WOOD~ ~o Il.o I ) le.11\..';....W":'.... . .....~ts..) D~...\'JF'- T I'll"", \ 410 E. ".. i' \..0 D~r:' SINl-J ,l\lP"J LAKF. Ro"o >000, fn ..J"'....sor"" 55~:,\ (P\,-, 4-/0- 005<0 61# .1Ilt> SU~vE'{ItJG. <i,Tn.i!,~ T C;. ICl2.. ~, (y\ I IV.,M.sor"" 5';?/C) L, c.4<;,.40'-7 6.. IIJ Co. :,Co "" F\ LL ROAC ou ~\'V'" ESQ'':> s,:>n'l QQ C, -tCJ=l ~ ( < \e. IIV",,\'\A OJ e.~ - !' \ ;l ;...,'" ) ,-' <.." ;t 0 " I~I L~~ D~<oc.R.,PrIO'-l PARCEL 11 let 199'"Audltor" S~"N\I~' . SOLlth"IVOI.lbl.PI1'.lltI....~ltt ~EPT cr., P'" of..teI Lot tSle tyinG A' shown 011 uld lJt.t. ANaIXceP'f"",;;4 ~triollh 0' 'hi Nonh IIn. o. MUfI'~ SI'", lit Ihl Nor'nt'.. com., o':\ot tl9t_1 ,"0' d"Clfb.d II 'otlow.: Co~nclng . Mlnn,tOIl: ,hlne. South nln.enn..'IIt I lJbdlvlaton No. 13&. HenMpln COUnlV . jut; Ih.nu w... 140.2 lua: fh.no'~or'h~: .klng Iht Ell' line 01 uld Lol 181. 150.i \" IUlld lot; th,nee North tlonIV"'. ~.. AI dtg,... W", 115 tl.IIO the Norlh "". 01 \ uYlmy-llI..t d.Of... lorty minute. Etat 107 r:~ mlnUIU hit .to.15 ,..t: Ihene. South ~/, PA ..,. . ..: I .t:,..:, 10 Ihe poInl 01 blglnnlno. T '. "eEL 2: . \:. , : ':.1.. ',,' . . .. ThU Plll'~ 01 LOI '88. AudtUft""~' ~ '" ". . __. oUlhe"yol."n.o"'N-'~oTnl' ,131, ~ ONnIy, -,. tying '"~ ,hown on "ldlpl~ Ind'tylhOlli" 'II . ftw Nl:irtfI """ ot'Martwv Slte.1 J<1..""v line 01111<1 Lodss!,L .., '. ,;1. ..'1'&.21 . "'orly '!' tnol.....ftel...th 'he Non ~ U.~OT"$ M....,~..t> 1".""... G\lI>.Oe. '....0.' ChIOU' ~J"LKCUT ,,--- DEtJOTlU, D,Q.I;.C."T.c>.l 0= ~\,,\t~A(..P_ t)Q."\~""la.'i. o N 0 G~p.\)\~G. No \Q.E.~ '\<F-t-I\O\.lA-L ..-.- ".J STREET .~ r:EIlI~ct>: .juw 20 l'l'lq e"~,,,.: h.4..., 2' 1'l'l4 1(.li\,,'....M:..lt............,.t..I~ t(.~'\,~r:.. sc,.,.,..."ar:'l 1.1 ft'i4 ):::ElJ\E.E.t1.: )j:Wt:N\P.J,'!.R. t\' I')'\~ ~(~"uo. rU,l~"q..., Iw ~ E6'~\'SEO~ Fltll.lllJAt..,.. ID. 'qc"j" ~E"IU'O: ~ioQ\l~'1 'Z.'Q. ,q",; fV\I.AZQ(::\i I' '\"'0" I> Exhibit A REVISED PRELIMINARY I Four lots GALPIN LANE ASSOCIATION .......... . .. ... Shorewood MN. 55331 GALPIN LA.i"ffi ASSOCIATION MEETING - FEBRUARY 20, 1995 TOPICS DISCUSSED REGARDrNG ZACHARY WOODS SUBDIVTSION: 1. The Galpin Lane Association (the "Association") requests that the house to be constructed on the Northwest corner of Zachary Woods install its driveway off of Galpin Lane (the "Lane") in approximate alignment with Chris Rich's driveway so that the households on Galpin Lane could appreciate full frontal view of the new house instead of the side or back of the house. The new owners would become members of the Association. ~ 2. It would be preferable that Mr. Sinn's driveway access off of the Lane approximately across from Chuck Howard's driveway. Mr. Sinn would also become a member of the Association. 3. The entrance to the Lane may require a wider opening to extend to Mr. Sinn's driveway. If entrance widening is required, all additional width to be added on Mr. Sinn's property only. ~ 4. A recommendation was made to construct a monument of landscaping materials at the entrance of the Lane in order to identify the Lane. If constructed, any signage should refer to Galpin Lane only. Low landscaping at the entrance of the Lane would be preferable for visability onto Galpin Lake Road. 4. ,In the process of constructing two new driveways and widening the Lane, the existing trees along the Lane may require removal. The Association desires to see trees of similar type replaced. 5. In order for the new house on the Northwest corner of Zachary Woods and Mr. Sinn's current house to have allowance of Lane usage, the Association would require that Mr. Sinn absorb the following costs: (a) expense for burying any necessary power lines up to Todd Coumbe's property; (b) costs incurred in widening the opening of Galpin Lane and any necessary repaving; (c) replacement of any trees which may need to be removed; and (d) low landscaping and monument at opening of Lane. Exhibit B GALPIN LANE ASSOC. REQUIREMENTS Dated 20 February 1995 . . OTHER CONCERNS: 1. The Association is concerned with costs which may be absorbed by the Association if the city of Shorewood demands upgrading of the road due to additional driveways. It was agreed by all members of the current Association that it will not incur any costs for Lane improvements. ? Although the widening of the entrance of the Lane is approved by the Association, any additional street widening beyond Mr. Sinn's driveway will not be acceptable. If the City insists that the entire length of the Lane be widened to accommodate two new households in addition to fire and police access, the Association will not dedicate any additional land nor absorb any additional costs. Exhibil C TBACKS PROPOSED WETLAND SE '" - - :) ~U' - I ~j7 .. J.- '::: I- cil.~ .J o - \.) r- --;- b.. --------. ---..., ". ~ ...............~.. " \ ~~~,:!1. , ,\ ~1,.,,'J y.. \~ '" Co) " , ~ ~ '2 ~ ~f) - u. u... ~ 0 ~ ~ ~ ~ ~ J ?..:f u' ~~:S ~ tJ V1 \.,1 l!.' OJ VI L I- Ul 5 0 '0 -:17"7 W W UI 000 ~~ \ \ .... ga; _ III >-.. -00 0>>- 0> 11)- ~ :: - ::: o~ ~- -00 Iii ~ co= -.r:. 0_ .. - 0 iiiz. Q.1Il - .... :: ; Ill_ -50 ~ -5- D.. <<5 . ~~ .., - . v. --0 MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 29 November 1995 Water's Edge - P.D.D. Concept Plan 405 (95.38) BACKGROUND . Kevin G. Norby and Associates has submitted plans, on behalf of Bill Blegen, for the development of Mr. Blegen's property at 20295 Manor Road (see Site Location map - Exhibit A, attached and Existing Site Conditions map - Exhibit B, attached). As shown on Exhibit C, the proposal subdivides the property into four, single-family residential lots. Due to site configuration and topographic features, the applicant proposes to develop the property as a planned unit development (P.D.D.). The property is zoned R-IA, Single-Family Residential and contains 5.9 acres, including 1.86 acres of designated wetland area. The property is occupied by Mr. Blegen's home and an existing barn. As explained in the applicant's development proposal (Exhibit D), the site is characterized by dramatic changes of topography and significant clusters of vegetation. It is because of these natural features, combined with the configuration of the property, that the applicant proposes the use of planned unit development. The applicant requests flexibility in lot sizes, while maintaining a density of one unit per 40,000 square feet. ISSUES AND ANAL YSIS The proposed Concept Plan is the result of meetings between the applicant and City staff. Preliminary sketches included twisted lot configurations designed to strictly comply with the lot area requirement and provide pond access to all four lots. Another concept extended a cul-de- sac street into the site. This resulted in substantial site alteration and reduced lot areas. Several factors support a P.D.D. approach to the development of the subject property: 1 . The plan concentrates on logical building sites rather than specific lot sizes. Although the individual lots go down to 28,970 square feet in area, the overall density of the plat accounts for 40,000 square feet per lot. 2. The "half-bubble" cul-de-sac minimizes the amount of street which needs to be constructed while still consolidating access points on Manor Road. Three of the lots will have driveways off the cul-de-sac. It is recommended that access to Lot 1 be from Vine Street or from the cul-de-sac, but not directly from Manor Road. A Residential Community on Lake Minnetonka's South Shore -11.... cP 0 Re: Water's Edge P.D.D. Concept Plan 29 November 1995 . 3 . The applicant proposes to swap land with a property owner to the north. A small parcel on the comer of Manor Road and Vine Street serves little purpose to either property owner. The swap allows the applicant to dedicate 20 feet of right-of-way for Vine Street and widens the lot of the property owner to the north, bringing his nonconforming house into compliance with side yard setback requirements. 4. The applicant proposes to plat three lots initially, leaving Lots 3 and 4 as one lot. At some future date the owner would demolish the existing home and split Lots 3 and 4. While the flexibility allowed by the P.D.D. process benefits the owner, the process also provides the City with greater control of the development. It is suggested that the City use this opportunity to preserve the more sensitive parts of the property, particularly the steep slopes on the south end of the site and abutting the pond. In this regard it is recommended that the building pads be more specifically defined as part of the development stage plans. The City should then require conservation easements to protect the natural features of the site. As with all new developments the applicant will be required to provide a tree preservation and reforestation plan as part of his development stage submission. RECOMMENDATION The recently updated Comprehensive Plan recognizes that the development of remaining undeveloped parcels in Shorewood will require special attention, and that planned unit development will be useful in handling such properties. P.D.D. should not, however, exclusively benefit the property owner. There must be something in it for the community. This project is considered to satisfy that test. . It is worth noting that the smallest of the proposed lots is more than 70% of the minimum size required for a buildable lot. Despite the size of the smallest lot, the project serves as a nice transition between the R-IA zoning district and the R-IC (20,000 square foot lots) district to the east of the subject site. It is therefore recommended that the City grant Concept Plan approval, subject to the following: I . The applicant must adequately define future building sites with the intention of preserving trees and steep slopes. 2. Sensitive portions of the site must be protected from development and construction through , the use of conservation easements. 3 . The applicant must demonstrate how all lots will be accessed, with none of the lots having individual driveways to Manor Road. 4. The applicant must prepare a tree preservation and reforestation plan. cc: Jim Hurm Tim Keane Larry Brown Bill Blegan Kevin Norby 2 _* _ ~.J ~!;l 'iT I .. ~ ! - ~~~4 ;gp~~ ~"~_J~~0 II . .. I w~,'~i1i - ,~.~. ~ r 1,~_o~J~~/; 1 V b ~', ~~l~ ,WAY " .,. q'A E3 .. (( ~7~ I l[ t*,'III\\iiVJj;~ ~~~aJ~~~~~:( ~I' I t@.. ;i:M-U/,~I\l ,''I~/' : ~ St- _ fh\\ I[]J~. r "_1:,D~EEPHAVEN ~ I ~ , _ , ' , __ '-{j \ !JJ ,- J 0 ~ ~ ~~ t ~~ :': n, I,k:~_~~? ~ ~~fi~ ~~RDI" ,~~~ I -J' 1?' I I i I 1oI1~ '><~;~-=J!". ~q I L....... :- u, '. ~~~,~ ~i; , ,~ u I u \/lNE1 Sl: u' ~ -+:E DI~ ~".:::-' ;-------T c::=:--1 ill ~I ~~ ;~~~ll ~ 'Hf:) ~, 'ut ~ ~;+"'- --. 0 "-..- I ... \.... L ~ R::>'f/< ~;:~:: ~ ,. ) 0 I ~' -41 ~~ ::~~{;~:: ::::;;" / T :-1 I ) "",' ~ .,/ -"\.. - .' ~ ~ d /3 ~.\\ ~ cJd~ oil Li rd> ~'r(- --~, ' . "--'''", - --'. nTTft"" I ',I \\ ~ I~ D-L-- ~;rs i ~& .. "~. M'" '.. I J 'I (). ~ _> . ___ '., , "-, ;, \ I r I ~~I' '.' f/ : i VALLEY VI" , ! " ' i i ~\ \ \ ,~ ....~.....' GO, ~\r- I ~ : \ \' ~ ~, i f .I~ ";0 h IJ j 'J.)/' : .. 8ANS, <,~~ .. ~ ;!"' i I I I ~ < I /.%ZJ'A V ~ r ~r ITIfm~ I ___ _",lGREENWOOD ~IR'2 '~iio~~1/' J! I::=3fi,- _.~'" "~ "~ .-----!I . u \':~ I............ ! ~ " 1 / .__ -< i - ...... " '''"c', I ~ _.. Ol\.. ___"" I 1/ '~\.-1i"tII. , ". -,~/ I /~ -- -.....:~ ~ ~.\' / n. I\., ..- ~",Y'-:--'.1 RUJ~~,~~I'W"/(~~ ~~:'I..J-I,~'~ / ,. / . ~~nl, Ij .~ \-~-- ~r,M",~ . .Jl, ~/ /' El Ijij / ,..---' I I I~" \ \ ;.;F ,I 0 KINGSWOOO _:;;; ~' -Li'~ . \ i. ..---' ,....., ^~ - - ,oil. ~~ F ~.1~' ~I )#/~ \~I~:=') / P.U.D.'~ \~~ ? 1M.! lu.~... " ~.JE ~ ' \! ~~f: ~ PI' - " / I II <"'V "'" JiJ'7"fI!. i I L ~ ~, ,.( I '(!'IlIIl 1 i V G / /1 h . r'~: \ ~ I' I~ . ~ " i::i..~ ~:; ~A~ ~ """'" '/ III I _:_ "- ":J. N -.., ClMNG1llN .; ',: .._.._.._.._.._~._.._.._.._u 1;:..-4 ~l/ '--'''''lr'"'' . I"T'1: ,. _ !~~~/) O<?~~ m/~~~~a ~=-~1f? c, i RID ' / ~v ( r~~4'~ ~ if I ! -;"=.:/I .lNl;JfY >~L:: .1- ~ . . _ '\ I II /~ I '/f ~~ J ~ l~ ~E;~~ . ': ~ ! i-.--- \ ;A~' 1d - "', ~ ~ 1 ~~, ~ ,-"u.b..r-t Exhibit A s""'~ ~\\, ,j 1}~ (-...(rcn \~ W SITELOCATION -;:=- \: I) /J Ilk~ ~~~ Water's Edge PoD.D. : \, ? \ / IJ I ,~~ ~-;:, / r~l\-- ~. " .. ... ) ;c I L ~, I' ... eo :.&U'*'?:"- .-. -:"" .n L. . L~al I.and Otscriprion All of' LC', 5:; ':"'':::"1'11 .:omr':lenc:n;:. at J. po,nl \Ioner~ :nt EUI j,oun~ hne of s~d LoI ~) mtctsc.;tS the ~onh.:rtv boun~' line 0; iaU~ Lot SJ men~c SouP, 50 'UI. tflen~e w~, III n1!ht an~lft tanhl said hne 1"1('fIeeIS ;nc (' o.unrv R(,:ld: thC'nce So"has.~h aJong Qac L,,)I. ;h~n":c E:t.Slcrtv .1ion~ s.a.alol :"-fonh ~ hnc of LoI ~ J 10 OOInl Of be;:nnlng. LotS 5~. ~~. mc ~C). ",-\uchtof'i SUOcll\'I11M \;umoer One Huntnea Forty Onc8 il.lil Hmncpln C.>un",. \"nn~lI. ~ ~ ~ "'- ~ ~ ~ ~ I ~I / ~J /. .. .:) ... \\I ~ > ~-:::' "........ / / . r ..~ 1- /!:: /.. . \ 2>_ "'1:. e><....-...... o. ~lO. 'W15.1"'~o :!>S \ \ ce. ~""" "'<- ~,~ " \ ~ \ ::..c \ \ :t'" \ .,5.\0' AMESBURY P.U.D. ,;<> \ ~.~ \ we \ \ ,=- < LEGEND: . ~AP'~ L p>. CL.G.:- ~~~o;"- """"""""N e!:4.J"! 2cx. e:..----e &. :S~e: ~'''''!:::".e eU" e,;-t:Jf'.O ~-:; ~:" :::eN ...~,.. lZ.r:.;;i ::.e.=''''~ ;z~ :; ".~ ~:; o.~!:: M.>."'~'" ~.:-.; - :;a,Ne "';---\"'" w..... -e. QoOo< ...... :""~l~~~ .:;:I.l.~-;,7.... ,.' -- ~_:..~ j.....=;.:..A~~ Exhibit B EXISTING SITE CONDITIONS L.lnJ'~JDI.: \n.:.nl:.:.:tUf( ~11~ ?Idnnm: I - 120 . Kevin G. ?\jorb: & Assol.:iateso Inc. North I I \ J . V/ SUC1:1"ISlOft JII~l:n&l . am a ":UI" M.c11'l,.:r~ LanClSC30C :\a:::m unGer mr u.~ ClI ::Ir' Srale .,i \hn'Ic:snu. __ __ L.!___._____ i'.H'...'.........,... ,...........~...... '4 ____ \:- ~ '~~ I; l<~~ II ~ ~.I / ~ - .. / '''-.... "-.... ',- . 1.e;31 l.;and Oe.criplinn .-\11 of Lot SJ ':XO:OI =ornm~ncln~ at .a polQf where the E~t bound31) hne of said Lot ~ 3 Inl~rse.:rs the Sorthert~ boundary hn~ of :SaId Lot 53. thence Sourh ~o fefl. then.-:t West 11 "gin ~!Ies unltl said line lnl,rscas me C ounry Ro..a. lhence Sonhewerly ;donI SOLId Lot, th4:ncc Easterly ~ong saad ~Qnh boundary hne of Lot ~3 co point of beginning. Lots SJ. S~. and 5". -Awuofs SUOClvlslon Sumb~r One HunJrec Forty Onc. (loIll Hennepin COUft'Y. M,nnesot" ,lO. G6.4- ) 5.90 Acres of Total Area 1.86 Acres of Wetland Total 4.04 Acres of Upland Total . I.A;\oO QW"iER Bill &; Jan~ Blcg,er\ :O~9~ \1.ano~ Roaa Shorewoad. .\ol~ ~53J I 161:) J70.::IJ E:'ICrNEtR R.van Englncenng. Ine 7648 Sourh Shore On..-e Cbannassen. ~a.: 5 ~ 3 i 7 161:1.7S.oS6J L~."DSCAPE ARCHITI::CTlPI.A:"iNER Kc\.tn G ~Or:li\'.!; -\SSOCI31e-... In.; i09t}j Reli Clr~lc Dn...,: SUIt~ l:~ ~hnnclonKJ.. \.:\ ~ ~ 3~ ~ 161:1 \};S...W'):O l.. LEGEND: /". -........ "0 ~ ~": f::" ;;... ',..e:. .r>a e.:. ce.. c.w ),;... Go'" ~ FZO 1tF' .5"'1 SP iJI~-ro,..", Je,"r.......""t!' AMES BURY P.U.D. ~ wo ~.. ,-, ( . \ '- ..../ , \-- \ K~\'in G 1\orO'. 8.:.A:;snci:1l~s. Inc. J 6);. North : . .;!l.:."....Ji'-.: \ I...::: '.... ":i~ II'~' ~Ii:': ~l!anl~n;:.: I ,'lhi!"LiCh ill '. \;I!u~~m~t~' 120' ... f:. : Eo'- 01 f'Gi'i ~~'"7~ _"',., eU'\ i!lQK e:.DeJL. 6~ Q-I'MesE et.J'\ ~QN"""""O L.I"'IDeN "'~;; -=eo ~ ;tl: 0 0,0.'" IZ2:D PIME: """'.....e SCC!"CH PINe W /J..:..QW WIot,T'e. OA<I< -:A., ;:;x~~Nbo;;rec. 1b ae ~ Exhibit C CONCEPT PLAN WATER'S EDGE SUBDIVISION SHOREWOOD, MINNESOTA . Application for Subdivision as a Planned Unit Development . October 7, 1995 Exhibit D APPLICANT'S DEVELOPMENT PROPOSAL Dated 7 October 1995 . . Water's Ed2:e Subdivision Landowners: Bill and Jane Blegen 20295 Manor Road Shorewood, Minnesota 55331 (612)470-2214 Landscape Architect/Planner: Kevin G. Norby & Associates, Inc. 10901 Red Circle Drive Suite #125 Minnetonka, Minnesota 55343 (612)938-0020 Engineer/S urveyor: Perry Ryan Ryan Engineering, Inc. 7648 South Cedar Drive Chanhassen, Minnesota 55317 (612)975-0864 2 . . Water's Ed2:e Subdivision This site consists of 3.97 acres of partially wooded and steeply rolling land. Existing vegetation is primarily red pine, spruce, box elder, cottonwood and, in undisturbed areas such as along the southerly wetland, understory growth of buckthorn and sumac. The site contains two wetlands. The first is a 9.9 acre pond which makes up the south side of the property, a distance of approximately 630 feet. The second is a 1400 square foot area in the middle of the site. This smaller wetland has been delineated as a Class I wetland. It has organic soils and wetland grasses but, it holds no water. The property and existing house are owned and occupied by Bill and Jane Blegen and their two children. It is their intent, at this time, to remain living in this home for the next two to five years. After that time their intentions are to remove the existing house and build a new home on what is proposed Lot #3 of this development. Under the provisions of the Shorewood City Ordinance, the owner is requesting subdivision of the property into four single family homesites. By subdividing this property as a P.U.D. (Planned Unit Development) and through the use of "site adaptive architecture", the owner and consultants believe that a minimal amount of disturbance will occur to existing topography and vegetation. The consutlants have identified four building sites on the property where natural clearings in the vegetation and reduced slopes will minimize the need for grading and tree removal. Each of the four homesites shall be serviced by City sewer and water. Sanitary sewer service is currently available to the site via an existing pipe located along Manor Road. Water service will be provided to the site as part of the City of Shorewood's water service expansion plan. It is the developer's hope that the City will expidite the installation of this service so as to coincide with a June of 1996 construction schedule. City of Shorewood sewer access, water access and trunk charges will be assessed to the individual lots under a development agreement to be made between the City of Shorewood and the developer. 3 Water's Edge Subdivision . 4 Total Area in Square Area in Acres Percent of Total Dwelling Units Feet Project Area Residential Uses 167,812.4 3.85 65.3 % Residential Use 167,812.4 3.85 65.3 % by Single-Family Homes Common Open 81021.6 1.86 31.5 % Space Public Open 0.0 0.0 0% Space Streets 8,170.0 0.19 3.2 % Off-Street 0.0 0.0 0% Parking and Access Commercial 0.0 0.0 0% Uses . 4 """ . . . . Post-It'. brand fax transmIttal memo 7671 ~ F~m December 5, 1995 Co. To Whom It May Concern: Unfortunately, we are unable to attend this evening's Public Hearing to consider the Blegen request for a conditional use permit for the Concept & Development stage of the proposed Water's Edge. Though we do have limited information on the project. we do have some Questions! concerns that we hope can be addressed this evening. When we purchased the last remaining parcel of the "Biel" Property in the winter of 1991, we had many discussions with the City regarding future plans for subdividing land within Shorewood. Our focus was on the properties along St. Alban's Bay Road whose property lines abutted our property and/or the Gardendale Easement. (see attached) Our concern was the impact of putting our driveway on the Gardendale Easement and creating an opportunity for persons to subdivide their "back lots" and gain access via our driveway. In those discussions with the City, we were told that Shorewood was not encouraging subdivision of existing residential properties and that all parcels must be a minimum of one acre. It was our understanding that the City was wanting to maintain the unique balance of wooded areas, lakes, space & homes that Shorewood has achieved. We are concerned that the approval of this development strays from what we thought was the objective of Shorewood's development. The project itself is not-so-much the issue, but rather the precedence it will set. If everyone starts sUbdividing their land within the .spirit" of the regulations ("consistent usage" I "tree density" etc.). overtime. Shorewood will become another Eden Prairie. Though it may be attractive to the City in the short run....due to increased revenue from property taxes..... in the long run, it will probably cause people to move further west to once again find the balance between space & people. In addition, it was explained to us that there are restrictions on the number of homes that can use a given access depending on its width and design. For instance, our road would not be able to be used by others due to its 14-16 foot width and design. FROf1 : MCDAN I EL RES I DENCE . ~ . PHONE NO. 6124740357 Dec. 06 1995 03:27PM P02 We are concerned about the access for the 4 properties that will eventually be developed. With 3 of them using the existing Blegen drive how might that effect Manor Road? The small lake that our property and the Blegen property are on is also a concern. We have worked closely with Jim & Teresa Miller in their efforts with the DNR to maintain the lake as close to its natural state as possible. We would like to know what adverse effects, if any, the DNR might foresee with the proposed development. If the project goes forward. it would be important to us that issues with the lake be addressed In the development stage. Certainly, it would be our preference to keep the development around the lake to a minimum. However, we understand that development in the City Is going to occur. It is not our desire to prevent the Blegen's from doing what they believe is best. We would like the above issues to be discussed and have an opportunity to get the responses from tonight's meeting. We also would like to suggest that there may be opportunity for compromise. Maybe the Blegen's would like to sell the undeveloped parcels #1 and #2 at a reasonable price, and those around the lake would like to purchase it? Maybe after subdivision, persons could purchase the undeveloped land? We would be interested in working together with the involved parties to see if there are alternatives to the proposed development. Our apologies for not being available for tonight's meeting. We wilf fo"ow~up with the City. Thank you for consideration of our input. . 'Civ f lCaflddl ~4 Marianne & Randall McDaniel 20405 Manor Road Shorewood. MN 55331 (612)474~0357 . ........" # FRO:"! : MCDANIEL RESIDENCE PHONE NO. OCT "17 '~1 12:34 D.C.\jn.L WORI.D ~ f':~:>:~' ~,~ ....,.. .~,........, 6124740357 Dec. 1216 1995 1213: 27PM PI2l3 t-'.~ ,- "'. l' / ~ \lA1"ll~ ,..t1.~ .. IIIII1NnO/lKt. JUNO" . Mill' ....,. It ,.." K .~ .--:: 'I_ .J III ~. .......L . . \ ~ ~\~\S sU-:O . ~ ~.t ~O .41>>} 01 ~~~~lovn v~nM ~12 63~ 10~6 10.17,1991 llj~ti1 .,' .!f'. :s " -:;J... .: . "_. ______.._._. .'_0'" ~ r=-: i _. ;-..'\ c= ,~ il'''''''' , ',:j > .:: - 5 1995 ~I I ! Dec. 5 IqqS I 8y Ange\a Tope+F .:oee> An{l--'OCl'j Terrace 5ro~~J MN SS33l C'itLf of -5rore.wcod P8nn1ng Com~s5ion A.tt("): .Brcdt~~ Nlel5~ Planrurg D'\~C:TOr- Re.<Jlrdt0.g t.\1e profD~\ -to C"l.\ioL0 -fur :-i:\-e . c.ons-\:ru:::t\Or> at -fOur r:ew borne:, on the Glegen proper'ty. C\dJ01tl,ng mlneJ I do' have concern-5. 1 bei!~~e. -t.bat .\:his te'n9 allowedfbr will contr.'jb...Jie, in dlrnlr:l~ s\9ndl~nt\~\ ~y pr:l~ac'i. l\fl5 was a map~ ~r:t ofi:his property's desirabi Itty -tbr- me ard was-tr.e er1mdr"''-I Y"ea~r:-' why~. ~u(,chased my horne at. SO'iSO ~y Terrdc.e. Iorn corc.ev-Nxi -Ib.crt +hls prt)~ dcve\oprnerV wi\l Yedv~ my pro~'+'I value.# T 8m 8\~ C<:JrCerred atcu+ lllcreased demaod ~ trafFic on reightor-H:::o:\ roa~ ord st-ree::b -l-h:rl- 8ppEBr-lo te d~ -krC!:l1,/ -tolerate who\- cunently passes -I-hfUU3h, 'Reas::ro'cl,-/J I would rot opfXJ5e -two or' posslbl':} -t~ ree \)onle~ (Jf"\ -tt-1e pro~r+y but ,05 many ~ -1Qur- '\5 -30rf'e Th\hg "I canrOt Q<jY'"ee vJ \ '\-h. T~0\( '1OJ -lb. .-th,\6 Offbt'+vnity1o express m'l con cer~ You(CS "tru \'\..1 I ~ ~ ~~\Mot~T~60/ . . Monica Pahl 5100 Anthony Terrace Excelsior, MN 55331 .,~~ ');S.~i~'_ "0/ !~,~~/ /r~: Ii \\ k;;r~ I,,-,j '_--. ;f",\'_l 'f ! '. -~jll!; N IJ - . ;-. 70.. I. / '.'.:; I -..".9.5 II r L~~1 ~--; December 5, 1995 Att: Patti Helgesen Shorewood City Hall 5755 Country Club Rd. Shorewood, MN 55331 Dear Planning committee: I am particularly concerned about the concept phase of 20295 Manor Road and the ramifications that this proposal constitutes for neighboring homes, as well as the impact on the environment. Typically new homes being built in this area begin at $200,000 and on up, which will invariably _ impact the value of surrounding homes, possibly resulting in an increased tax base. We have all resided here for 20 years or more, with intentions of remaining due to a reasonable tax base. This proposal could endanger these aspirations. I am very concerned about tree preservation, and am equally aware that builders are primarily concerned with "progress," not preservation. Four homes are simply too many and will severely jeopardize the adjacent wetland. Let us perhaps consider an alternative (as long as the price oflots do not exceed $50,000)-- and build on three lots. It is not necessary that every bit of Shorewood need be developed. Despite the fact that this planned-unit development is exclusive of wetlands, does not imply, by any stretch of the imagination, that damage will not occur. Thank you, 1/ D ,_,.0 (/)" '?1~. lJ{ MonicaPahl 2./ i)'/) /t~ / , l CITY OF SHOREWOOD . MAYOR Robert Bean COUNCIL Kri$u Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331.8927 · (612) 474-3236 NIEMORANDUM . TO: FROM: DA1E: RE: ffiENO. . Mayor and City Council Brad Nielsen 7 December 1995 Sign Permit - First State Bank. of Excelsior 405 Sign Permits . Sign Source, Inc. has , on behalf of the First State Bank of Excelsior, requested approval of a permit for signage for the new bank. building under construction at 19765 State Highway 7. As shown in the attached exhibits they propose to erect a freestanding monument sign in front near the common driveway with the Waterford Shopping Center. They also propose two exit signs (directional signs) at the east, exit only driveway for the site. They propose two directional/informational signs along the common access drive on the west side of the site. Exhibit A shows where all signage will be located on the site. The monument sign is shown on Exhibit B, the exit signs are shown on Exhibit C and the directional/informational signs are shown on Exhibits D and E. The proposed monument sign is considered to be consistent with Shorewood's sign regulations as well as the design guidelines which were proposed for the Waterford commercial area. The exit signs were recommended as part of site plan approval for the bank., but need to be reduces slightly to conform with zoning requirements. The remaining two signs are considerably larger than what the City allows, and the owner has submitted a request for a variance to be processed in January. It is recommended that the monument sign and the exit signs (subject to reduction) be approved at this time. Action on the directional/informational signs should be withheld until the variance has been processed. cc: Jim Hurm Randy Herman Dean Friesen A Residential Community on Lake Minnetonka's South Shore At+~{p~G; -- . ...o~\-:\ .;.u~~ .:-u-<: ~ ''Xl-lG ,....~,..I.~~ll :.;e... ;~\ ~c:~~~:::.;:::-~._;- :it'i,_,~,__:~'~_ ,,,J/-.. ,:::~::re .;;.,:..-- \('\ ~ . n_ - - - ' l' \j --'":......_ ~~ _ _ j-:. ' I.A... . ,-..:-. \. -- - 4 - J' . I . ;\ - - . - __L -- . : ?I~~ -' - ----. --- ~...... 1 ---7\:: :. . ..---. .--___ l;'o.. ~ _,_ -.. ...l. I \ _ _ t, -:.-. _.:7~ -. .. '-~..~-=---=--=---= _ ~.::. ~r.:!< ! V -_-=-,,-_.~ - _.. __ <j. .j..,...r., .' Vo...::v - - - ~_ '- - ~-=---:....--_ -=.~ - - - - -;'~ 'l!::'~- - - - - - ~: ,::;, T~ ~---------'~------~----~------------- - 'f ; 'I - ../,-,.- ~ =: I. :l.~,,.,................... -:-.--.---'-' -7"-....._ '_,: '_'_ " I ,/ " OH:-!, . ..............,..,.;;..o..u__,._ - """'_'-'V~I' --,-~-:' - -----_--.fT ._1 - '-" ---I --- _-:~'I~'" -,.- \,\ . ~.~-C""'-:- ---:--~~ ,- - . .,./ :r~,'j'~ 0l0J 1<?L,A.to.IO. '. ':.' ;''--~-_:;c'' ,.>.......~ .,-.ie....;:.,-:--:.-..' . j.i: J!' -----.-r- 1 !~;";~~l ':;;::f:..j.:;e" oi" .;'; , : '\-.; . <~ _..- __.::::-:",.'~:C ,\Ie 7~;:':i':' .-;;-,,::<p.a:;""~ F~ic. ~ __,:-'::;; a. ~01 .......' (":1/,0 :~.o ~ "'0 !":4Ge '2 ;(p-(, '. ; ~-t?"" ~ .Z.~..J r- , 1 ......... :~~ 1-':4, ~"C7~ ,":_lg,.- ........: 3. E;, ",/'r.- \ ,- ,,'-c. ::1 ''''4,~4, ~ ! 1 I . , , ; ! .."; Ii .0.0 ;,I,.~ ~& ~;7"< ~~(:;.v~4=-i :r ~ :--.', ~ I I: I I I : -~r-r f _ : : i~;~j I}~~ I:' I' ; j' I &' }-.J L ~ :/ / / ~ ./ r o ..,.... . --:- . :" ..::.NK oUILCINC:; ;:.=.:. : ~sa.o' " ; 'r ' -: };::. . '):...-;.' '~ ~,,~ ~J.:_---~~~~_____J_____ -' ; I .--- r.. I . 1 I J; . ,'-, ! i ! i ~ .Li~ ;, n II li '! wn'u U i'l ~~- ? HY'~' -?/G.PJA&e. ?j .I..ot:. . .J;-iv ~. &T.J." /..--:' . :' ~', . ~ . . '"',' . ',I,,',' '., .... .. ~ ". .", '. l~"b ,'. \'.: I I A.~tJ 1..1 'J ..:.. /.....~~.. 4'- LJ _}.-..41,t/(/ H ~ .g: ...... .... ~~h~b~+ A. -\ ex l&..-n JJ& 2;;i\JIo-1It-la'J<? _ ,. .01~e-t-.lr ~K!-'1~v ~, . .;.. .~...~ . I.'" '--..'.--- -' r' r ~ r-- i-r- '-' ~. .4"= ..... S-,(/ , r. j-.\ \ '." o '.1. :r' ('I I I - i-, 'I rr--r-+ :-::~..:- II 11- u j 1.:,1 ~. I ':;";:"'lK :3UIL=IK: . - - - Q,Co- ,",,' I -.-':. : ~Q ~ ,.. . T, . I ~. " "./ . ~ tr""!. " '. 4- / ,,"'." / ~, 1!A.1--V ~ E.€.- l' r-' V ::'<0'f2--,~~11l OI-J~ ro~L',... ~;AlII'..(~~~ ~~' /:' , --. - / -. --_._-~---- -------. .' ~/ . ,~~, . r4.Gci ~'-" J?~-..,l _~ 0rr& .J.A~U,.l!.~'~" ~::.=-.-.--, =:.~ -V --------- ---~ C,..t.? I'-lC ?".;....\",: '-' ~ I foIat;( i "1/~(? ------------ ill .....1. ._~ . -=-;;.-=-~- i I I I ' 1q" i I I -;(. _:._.~. r~ !1i?:~1 : f'~ :'A;~Cl ~~ .,..~ P~c.J=. ~--_._-- I ~- I ~r I "', I I..' ! ~_."" . ~. .\ ~! r I /;"t),Cl-:. i./~I"'i' I '-.-t ~. /. j~---~,-rlt~~- . .-.- -::: '..:- -, -.. -.:.. , .--- -' ....:: ./ ,,- -..... - -"-- ,.- .:::=:::=-. --- .' -' . ..' .--- "- "-'.-.. .. ."" -" . ! . .:;~- -"'.Se .:--- .... ~ - .- '- ---. --- _. --~- -- ...... _ i . -..,. ...- /- /- . ,. .t .....1'..... '. i i -""... '-- . '.0 : " ^, -=:;::=/JR,::;' ...)..J.-;-........ '--'I ~ vlvl L-- VV ~~ Hi'D. l..oC 0"" I'" :'lCp ~a ~ -(0 :" :'"::::"".::;e & ~.: ~: ~. . oJ ",,,-..'. e.&!~ (,a.J~ CUI21~~ <it. ~.";3e~~":! ~~':5; 3;:.':- :. :~ ./ : --7 .....Y" :- "" , ~ t'. ,.- - =-=-----..- -- ~ -=...--==- .-- --~- .---- - ----::~"', --. .,' -'~- --~ >:.~::~Cas--.:ll:t. ....-. --'~-~-./ ~ =....Se:,......~"'!f . ". .~--/ '.-..~ _~:2::.~.~----.~.:~.... ."~ t" ----::- - --~-- ..--- - -~...---: /--. / / --- ....---...... ~:.:...:...-.-.:.-... - .. ..... -,."" - --' '. . i.:.--~~~~.-\ 1- \ ,................-. ......... ..... , . =--: ...... ", .... ............... '. r .:::" ~ S "DC'. ~ i~7: ;::1 L.=~~ ~ "'-, , ...... I __ ^--.i~:/"'""''''-: , " j' , 1- ..., '" .-.. -*" - .' -- A~L I i . . -. :"z/" , 61"" i.~~/'.""1f' : - J.> il ~'l ! ! ! i , 1/ /. I ~ . JUG ~ / / , ~ ~ ! i ; , i! , . 7801 Park Drive Chanhassen, MN 55317 seAl'" DATE PROJ: tS~;b\t ~ (6i21 474-9114 (Faxl 47.i-7553 L::1I 0::" . , \ "2.'- L\" L\'-G/ 1 r I I I I I I I i "" .... ' - () _I (Y) . -k " '. () '\ -rn ~ CRE....TIV~ SOI..UTIONlI !/ /1 fr' I -<i -( , , ' , ' L:'~ :.:.: ... :. :. . ;\~,;':,;.. >,;..';~ ;..~~~..~~~~=..;;.~~ ~~:...~..~ '.:,~~:..,;',' "-. ~~'~~~:,'<:~': < ,~~~ .:=';':.;::': =":, :.. :~~;' .~ :.. :', ," 7801 Park Drive II Chanho"en, MN. 55~- ' SCALE: nts l1J o (J') ~ Z -< CO o t- :::> -< w Cl (jj I- w w a: t- en ...... w 6 to < a: If CI) z ~ (j) ~ I- -- r- x w r- o w ~ ;;: :::E 3 ..! - - I- ~ :E ::> z ~ < o w ~ o a: to ~ ill I- o Z (612) 474-911.4 {Fox) .174-7553 t:,."hl,btt G )" ----. ,-? - ...._....._- _ "-- :#: 1- ~~__ .....__:a.~...... f \' " -..-0 t. 'I . . I . ~ ~ ., U. '-cJ1 '2.:-0,1 I' NOTE: ALL IllUMINATED TEXT & GRAPHICS EXCEPT "CUSTOMER PARKING" WHICH IS REFLECTIVE VINYl.. FlLM. 7801 Park Drive Chanhassen, MN 55317 SC' .- DA PR< ~~h; bit o (612) 47A-9114- IF~"Jd ..1.7..&-7-" ~_1 r-" , . . .~~~~~~ -.;d:2- ...-1/ I' .' \.0-0 I NOTE: ALL REFLECTIVE FILM ON FLAT ALUMINUM PANEL 1/ 1 ~ I z '- &/' ./ -:::2 I. ,1 ~-~ 1/ -:r I 7801 Perk Drive I S(' Chanhassen, MN 55317 I D~ ..- !~~~:';~~;~, ! I ~R t.)i.~; '0; t t- . . MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612)474-3236 :MEMORANDUM TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 7 December 1995 Brynmawr - Request for Street Lights 405 (Street Lights) Residents of the Brynmawr subdivision have petitioned the City to authorize turning on the street lights which were installed by the developer last year. Per current Council policy residents with 500 feet of the subject lights (see location map attached) have been notified that the matter will be considered by the Council on 11 December. The proposed lights comply with the Council's current policy for the location of street lights. In this case one light is located at the intersection of Howard's Point Road and Brynmawr Place. The other is at the west end of the Brynmawr Place cul-de-sac. No mid- block lights are proposed and the ones which are proposed are necessary for traffic reasons rather than for aesthetic or security. Despite this compliance with City policy there as been some controversy over street lighting along Howard's Point Road in the past. To date we have received only one letter regarding the request. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Larry Brown Greg Sheperd A Residential Community on Lake Minnetonka's South Shore Aft. ~ Monday, September 11. 1995 I~. rc: (?\::.c; Ie n w? fC i"""\ ! 0) ~ "= ,0; ~j .\J~,c;I.[:)i ~ ;~o v i ,9,,5 10 By CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331 . Dear City Council, We, the undersigned land and Homeowners wish the City of Shorewood to turn on our street lights. We have had numerous times when persons which have no business in the area have come here and parked late at night. dumped trash (rugs, concrete and garbage. etc.) in the area. We feel that with the type of .~houses and number of families that have moved to this area (Brynmawr Place) '-- deserve at [east srreet lights. We have also talked to the South Lake Police Department. and they said that as long as we work with the Planing Department. they are all for turning the lights on. . ,. /1 +'>~" '. ~ . .'" le')/T '- ~:..{ :u -f L.- - t. .. - '/~!) . '/.. ". \ (,/ E:~r~.b;t A-I . . BlZY'l11q.lIJR Pnc:2 1tOHE01D1ERS Paul and Linda Kilker 27505 Brynmavr Place Richarc:l and Connie White 27545 Brynmawr Place Mr. ana Hrs. Bob Nemitz 27625 Brynmawr Place Max and Mary Mayer - 470-1671 27665 Brynmawr Place Greg and Oenise Shepherd 27705 Brynma~r ?lace Carla and Rick. P'SUln 27825 Brynmawr Place Todd and Kirsten s i "!nO i nq 27865 Brynmawr Place James and Milada" Fendrick 27360 Brynmawr Place Jim and Lynne Strinqini - 470-5886 27780 Brynmawr Place Scot-:. and Oebra Schipper 27540 Brynmawr Place Stephen and Carol Paulsen 27585 Woodside Road Rona~d and Linda Hegner 27755 Woodside Roac:l A-2 NAME & ADDRESS Paul and Linda Kilker 27505 Brynmawr Place Richard and Connie White 27545 Brynmawr Place Mr and Mrs Bob Nemitz 27625 Brynmawr Place Max and Mary(Mayer,\ t\.NlLry 27665 Brynmawr Place . Greig and Denise Shephard 27705 Brynmawr Place 'r<AR.y/ll '6trls. and Rick Penn 27825 Brynmawr Place Todd and Kirsten Simning 27865 Brynmawr Place James and Milada Fendrick 27860 Brynmawr Place . Jim and Lynne Stringini 27780 Brynmawr Place Scott and Debra Schipper 27540 Brynmawr Place Stephen and Carol Paulsen 275815 Woodside Road Ronald and Linda Hegner 27755 Woodside Road J.-1 <) %5" ~l""~JV'1\I\. pw...;~ f ~ SIGNATURE ~~JMJv A-3 . . NOTICE The Shorewood City Council hereby nocities ail property owners within 500 feet of the intersection of Brynrnawr Place and Howards Point Road, as well as the cul-de-sac of Brynrnawr Place (see Site Location map reverse side) that the Council will consider a request for a street lights ac those locations at their meeting on 11 December 1995 in the Council Chambers of Shorewood City Hail. 5755 Counery Gub Road. The meeting Starts at 7:30 P.M. You are invited EO actend rhis meeting EO express your opinions and concerns. If you can noc actend the meeting, you may respond in writing EO: - Shorewood Cicy Council c/o Planning Depc. 5755 Counery Club Road Shorewood. MN 55331 If you have any questions relative to this matter, you may call the Planning Departmenc at 474-3236. t:~\btt ~::f. ~ R, .# ,....41 ~ 112) (12) II .a:: ;t L S 140 1 = '...::::=. ,.", (JI1IUo;I... '- ..,,"""" ....", (171 n lZ ZI /'1,) (~.) (.J'l) as..s ~.~t ,., I ''1 " . r (Z3l ; . ~ ( ..I :II .....,. l ,n ,.. .,. ... (7) (171 . ~ ,) J!JIJ"'-...... ( ;;, . ,., '<:~ .. ( 14) '\. ';:;0.40 \;. :;a~..:-"". ~ ~ar=- ,,' ~l ~...."t _..:.. :1 . __ ,.. ':lIlI...... .' __ ~ - - ...- _0 - .11..]_~"".''''( ~.. . I ,.. -0_ ..~.;; \ Z .. " . I ~ (7) !J (ei) \~ ... -:'- ;..'; I \. ..,..-::... '~! a. ...,.,....,... ': ,",:;. [)'L ..J\....~ -,-< ~ - . ~ . '- .-,;. \~ (101 .-:__ ~l1JJID) ~~@ID) ~fa ~~1 r~ The Pemtom Land Company: WESTWOOD PROFESSIONAL BUILDING .~: -;- 14180 HIGHWAY FiVE -- EDEN PRAIRIE. MINNESOTA 55344 .... (6i2) 937-0716 . FAX 937-8635 !'~" . ,.. .' ,~\/ .~'.. ::-:::::.-=:--::- . -.:.--.- '\ TO: City of Shorewood SUBJECT: Brynmawr Place Street Lighting DATE: November 28, 1995 Dear Mayor, Members of the City Council, and City Staff: In my initi~l sub=i~sion to the City of Shora~ocd, r specifically seek approval for street lighting since assumed it was a developer option or that it was a requirement. Not to have requested it initially was oversight. ..1;A ,...._~ """..'-' 4........,.... I had my After opening the subdivision and activating the street lights, a few neighbors expressed displeasure and at the instruction of City Staff, I had the utility company inactivate the lights. Presently, the decorative lights are installed and are very complimentary to the community and Brynmawr Place. It appears that most of the residents of Brynmawr Place have a strong interest in activating the lights and I support their decision and petition. . The reasons for my support are as follows: 1. Fixtures are of traditional design and compliment the neighborhood. 2. Add value to the property. 3. Compliment public safety activities including emergency vehicles, snow removal, and school buses. 4. Give peace of mind and security to the neighborhood. The benefits of the lights far outweigh the only concern that I have heard from an abutting neighbor which is that it takes away from the rural character of the area. In my mind it adds to the rural character of the area as it is a standard inclusion on most farms and country road intersections. ~~~btt ~~l . . City of Shorewood November 28, 1995 Page 2 If you have any questions or comments, please do not hesitate to call me. I will be out of town until Tuesday, December 12, 1995 and therefore, will not be able to attend the Council Meeting. I respectfully request that you approve activation of the street lights at Brynmawr Place. Sincerely, Daniel J. President C'L Karen L Blackstone & Scott A. Pederson 5725 Kathleen Court - Shorewood, MN 55331 Home Phone (612)-470-4430 December 02, 1995 :9.~.I~: Shorewood City Council c/o Planning Department 5755 Country Club Road Shorewood, MN 55331 i....... :.~~::.:::: -.-:: -_h Dear Shorewood City Council members, . We wish to voice our strong opposition to the request for street lights at the cul-de-sac of Brynmawr Place and at the intersection of Brynmawr Place and Howards Point Road. We attended all of the council meetings that were held several years ago regarding that development. At those meetings we voiced our desire to keep street lights out of this quiet, dark neighborhood. At that time, Daniel Herbst, the president of Pentom, stated that there were no plans for street lights. Within approximately 6 to 12 months of those meetings, the two street lights were erected and turned on without a city permit. We spoke with city officials about the lights and they were promptly turned off. There are several reasons why we wish to oppose the street lights. First of all, they are not at all in keeping with the ambiance of Shorewood. People live here in part to escape the noise and lights of the city. The unlit streets are part of the charm. Secondly, the light on the cul-de-sac shines directly into our living room and kitchen and destroys the very reason we spent as much as we did on windows. We firmly believe the light will decrease our property value. In addition, orange sodium lights give me headaches. I should not have to take medication just to live in my own house and enjoy my backyard! My husband and I both plan on attending the meeting on December 11th. We both hope that the city will protect us from more disruption to this beautiful, quiet suburb. Sincerely, . .1 <-.J>\ 6~\_i.(,"- "- )lavCLL-:J f.'1J~( ;:it: -I ;faA1J~ 1. Edward and Judith E. Alexander 5735 Kathleen Court Shorewood, Mn. 55331 December 7, 1995 Shorewood City Council c/o Planning Department 5755 Country Club Road Shorewood,Mn.55331 '-' > -<:;'1. Dear Sirs: . We received the notice about the December 11 meeting regarding the street lights on Brynmawr Place. Unfortunately, we have an unavoidable conflict that precludes our attendance at the meeting to express our views in person. However, we did want to respond in writing to indicate that we strongly disagree with turning on these street lights, especially the one in the center of the cul-de-sac. The eastern boundary of our property is adjacent to the western boundary of the Brynmawr development property. The cul-de- sac light was turned on briefly some number of months ago, and we found it to be objectionable. During a meeting at City Hall with the developer prior to the initiation of any construction, we and other neighbors were given assurance by him that there would be no lights installed. To our collective chagrin, the street light was installed and lighted early in the project. It was later turned off after our complaints to the developer. Now, unfortunately, the issue is being raised again. As existing Shorewood residents, we view with some distress the developments in the city in general, and the one at Brynmawr in particular. With more residents come more traffic, congestion, noise, demands on the school district, and other irritants. This street light is one of them. One oflife's small pleasures in our neighborhood has been the lack of ambient light at night and a clear, dark starlit sky. We do not view with enthusiasm, the thought of a sodium vapor light shining in our kitchen window every night. . Don't turn on the light! ~~~~~~ CITY OF SHOREWOOD MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612)474.3236 MEMORANDUM TO: Mayor and City Council Jim Hurm lit- FROM: Larry Brown . DAlE: December 6, 1995 RE: Water Conservation Plan On September 25, 1995, the City Council authorized OSM Associates to prepare a Water Conservation Plan. This plan is required by the DNR for each public water supplier serving more than 1,000 people. In accordance with Minnesota Statute 103G.261, each supplier must submit an emergency and conservation plan by January 1, 1996. In addition, the Metropolitan Council requires that each community in the seven-county metropolitan area prepare an amendment to their comprehensive plan for water contingency and conservation planning, and submit this amendment by January 1, 1996. This requirement stems from the passing of Chapter 186 of the 1993 Legislative Session Laws. OSM has prepared a draft of the plan, and has been directed to present the plan to the City Council at the meeting. Comments from the City Council will be incorporated into the draft, and will be forwarded to the DNR and the Metropolitan Council for review and comment. It is staff s intention that comments from the DNR and Metropolitan Council would be brought back to the City Council for a work session in January/February of 1996. The final Draft would then be re-submitted to the Metropolitan Council and DNR, with [mal adoption by the City Council in February or March of 1996. . A Residential Community on Lake Minnetonka's South. Shore ------ #=~ ,/.. '" MEMORANDUM TO: FROM: . DAlE: RE: CITY OF SHOREWOOD MAYOR Robert Bean COUNCil Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612)474-3236 Mayor and City Council Jim Hurm Larry Brown ~ Draft Agreement With The Minnetonka School District Regarding Locating a Water Tower on the Minnewashta School Property A Residential Community on Lake Minnetonka's South Shore Attached is the draft agreement for locating the proposed water tower on the Minnewashta School Property. Ed DeLaForest of OSM Associates, has met with representatives of the School District, and have agreed to the following items for consideration by the City Council and the School District. December 6, 1995 The agreement has been presented in draft form, and includes all the major principles of the contract. This agreement has been forwarded to the City Attorney's office to translate into final contract form. . Staff is requesting that the City Council consider approval of the agreement in it's draft form to allow for authorization to bid the project and take advantage of a favorable bidding climate. With the City Councils approval, the City Attorney will translate these principles into a proper legal form, with fmal review by staff, OSM, and execution by the City Administrator and Mayor. #9 DEe 07 '95 13:20 OSM MPLS, MN 4IJ -^, P.2 WATER TOWER AND COMMUNICATIONS FACILITIES AGREEMENT This Agreement is made as of the day of by and between Independent School District No. 276. an independent school district. under the laws of Minnesota ("District") and the City of Shorewood. a MiDnesota Municipal Corporation (t1City"). RECITALS EiJ::&1;. The City desires to co~ operate. and maintain a water tower. appurtenances and communications facilities on real property owned by the District. Second: The District desires to grant the City pennission to construct, operate, and maintain said water tower, appurtenances, and communications facilities. . Witnesseth. that the District and City. for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: 1. The District hereby grants the City a general right of access for construction, operation, and ma'llten9-n~ of the water tower, appurtenances., and CO'l'mm:rications facilities through the parking lot lying west of the MiDnewashta School buildin& from Smithtown Road to the water tower site. 2. The City will provide an eight-inch stub, with a fire hydrant, for connection of the water service to MiJmewashta School at the north end of the existing parking lot lying west of the school 3. The parking lot lying west of the Minnewashta School must be fully available to school staff and visitors before June 11 and after August 19, 1995, except a stabilized aggregate driving surface is acceptable o'Ver the area disturbed by watennain construction until such time as heavy construction traffic ceases. . 4. Between August 19 and September 2. 1995, the District will work with the City to utilize parking areas north and south of Minnewashta Scl100l for District staff parking. 5. The District will provide electric service to the water tower site from the Minnewashta School buildin& if feas1"ble, and the City will pay for all costs to provide said serviee., including subsequent energy use charges. Any savings H:\~aw.\COIUtIl$\1~ 1'-. DEe 07 '95 13:20 OSM MPLS, MN P.3 realized due to provision of said electric service from the Minnewashta School building. as compared to providing electric service to the water tower from the power lines along Smithtown Road, shall be passed on to the District to the extent required to offset costs associated with water service and retirement of the existing well for the Minnewashta School building. 6. Excess excavated soil resulting from water tower construction shall be retaiDed on the Minnewashta School property. 7. The construction site shall be enclosed by a suitable fence during construction of the water tower. 8. AI1.y damage to the parking lot lying west of Minnewashta. School resulting from water tower construction activities shall be repaired. The pal'king lot shall be restored to its preconstruction condition. The City shall sealcoat and stripe all restored areas during 1997. . City of Shorewood . Independent Sehool District No. 276 By: By: Its: Its: By: By: Its: Its: . Hl~CML\CCIUUlS\~ MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Krisa Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council Jim Hurm ~ FROM: Larry Brown December 6, 1995 . DATE: RE: Approval of Plans and Specifications for the Water Tower on the Minnewashta School Property Authorization to Advertise for Bids The proposed water tower on the Minnewashta School property is to be a 500,000 gallon "hydrosphere". The shape of this tower is to be identical to the previously constructed tower at Silverwood Park. . Plans for construction are near completion. Again, since we are trying to take advantage of spring bidding, we are asking the City Council to approve plans and specifications for the water tower, and authorize advertisement for bids, subject to staff approval. Bids would be returned for consideration by the City Council on January 22, 1996. This is being recommended due to the elimination of the second council meeting in December of 1995, the requirement to advertise for 21 days due to the cost of the project versus 14 days, and the need to begin steel fabrication to insure project completion before the Minnewashta School opens in the fall of 1996. Currently, the plans specify the paint and lettering design used on the previous water tower. Any aesthetic issues attached to the project can be reviewed at a later date with the City Council if desired. Paul Hornby of OSM Associates will be on hand to review the proposed tower, the actual location, and any other issues involved in the construction plans. 10 A Residential Community on Lake Minnetonka's South Shore . . . RESOLUTION NO. 95-_ A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE WATER TOWER ON THE MINNEWASHTA SCHOOL PROPERTY WHEREAS, pursuant to resolution, 95-65 July 31, 1995, the City Council authorized Orr-Schelen-Mayeron & Associates to prepare plans and specifications for the Water System Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That such plans and specifications, dated December 11,1995 are hereby approved. 2. That the City Clerk shall prepare and cause to be inserted in the official newspaper and in "Construction Bulletin" an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall specify the work to be done, shall state that bids will be received by the Clerk until 11:00 a.m. on the 16th day of January, 1996, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk, will then be tabulated, and will be considered by the Council at 7:30 p.m. on the 22nd day of January, 1996, in the Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five per cent (5%) of the amount of such bid. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of December, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator . MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City coun.c. il L Jim Hurm , VJ Larry Brown Jv December 6, 1995 . FROM: DAlE: RE: Authorization to Prepare Feasibility Studies for 1996 Watermain Projects as listed in the 1996 Capital hnprovement Program The Capitol hnprovement Program for 1996 indicates that the following watermain projects are to begin: . Eureka Road from Smithtown Road to Birch Bluff Road . Smithtown Road from Boulder Bridge Circle to the Victoria Border . Smithtown Road from Eureka Road to Country Club Drive . Strawberry Lane from Smithtown Road to Shorewood Oaks Drive . Manor Road from Vine Street to 200 feet South . Similarly, roadway improvements are scheduled for the following: . Smithtown Road from Eureka Road To Country Club Road . . Eureka Road from Smithtown Road to Birch Bluff Road Staff is requesting authorization to proceed with preparation of these feasibility studies. These studies, if approved, will be prepared in house. OSM Associates will be providing design data, layouts, and GIS information. The proposal for their services are outlined in the attachment and appear reasonable for such projects. Engineering will prepare the fmal reports, and present them to the City Council for their review and approval. A resolution authorizing preparation of these feasibility studies is attached for your consideration. " A Residential Community on Lake Minnetonka's South Shore CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORTS FOR 1996 CAPITAL IMPROVEMENT PROJECTS WHEREAS, it is proposed to prepare engineering feasibility reports for placement of watermain in the following areas: 1) Eureka Road from Smithtown Road to Birch Bluff Road, and 2) Smithtown Road from Boulder Bridge Circle to the Victoria border, and 3) Smithtown Road from Eureka Road to Country Club Road, and 4) Strawberry Lane from Smithtown Road to Shorewood Oaks Drive, and 5) Manor Road from Vine Street to 200 feet South. . WHEREAS, it is proposed to prepare an engineering feasibility reports for improvements to the roadway in the following areas: 1) Eureka Road from Smithtown Road to Birch Bluff Road, and 2) Smithtown Road from Boulder Bridge Circle to the Victoria Border, and 3) Smithtown Road from Eureka Road to Country Club Drive, and 4) Strawberry Lane from Smithtown Road to Shorewood Oaks Drive. WHEREAS, such proposed engineering studies are to include: 1) Determination of sizes, type, and location of pipes to be utilized on watermain projects, and 2) Type of restoration or reconstruction to be utilized on roadway projects, and 3) Financial feasibility of alternatives considered. . NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood, Minnesota: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of December ,1995. ROBERT B. BEAN, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR OIT Schelen Mayerpn & AsSociates, Inc. 300 Park Place East 5775 Wayzata Boulevard Minneapolis. MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 December 7, 1995 City of Shorewood 5755 Country Oub Road Shorewood, MN 55331 Attn: Mr. Larry Brown, P .E. City Engineer . Re: Proposal For Engineering Fees 1996 Water Distribution System Improvements Feasibility Report OSM Project No. 5718.00 Dear Larry: Engineers Architects Planners Surveyors We are writing in regard to our proposal for engineering services for the Feasibility Report for the referenced project. We understand the feasibility report will be written by the City Engineer, including the associated cost estimates. The services provided by OSM & Associates, Inc., will include preliminary layouts for the proposed water distribution system expansion, street restoration, street reconstruction alternatives for local and MSA designated streets, and storm sewer layouts in accordance with the comprehensive plan for all streets proposed for reconstruction. Other items that will be included in our services are color graphics, mapping, illustrations of the utility and street layouts, and accumulation of the assessment roll for each of the proposed improvement segments. OSM's fee to perform these services is $6,900. Attachment A illustrates a segment by segment breakdown for the proposed projects. . Please do not hesitate to call me if you have any questions or comments regarding the scope of services for this project. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. '~'" ~CLJ..~')~ Edward J. DeLaForest, P.E. Project Manager Attachment ce H:\S71S.oo\CML\CORRES\l2079SLB Equal opportunity Employer .. . . ATIACHMENT A Watermain Construction: Eureka Road, Smithtown Road (Eureka to Country Club), Manor Road, Strawberry Lane, Smithtown Road (Victoria) Street Restoration: Manor Road, Smithtown Road (Victoria) Local Street Reconstruction: Strawberry Lane MSA Street Reconstruction: Eureka Road Smithtown Road (Eureka to Country Club) H:\S7l8.00\CML\CORRES\I2079S.LB Feasibility Report Fee = $1,830 Feasibility Report Fee = $ 190 Feasibility Report Fee = $1,240 Feasibility Report Fee = $1,520 Feasibility Report Fee = $2,120 Total Fee = $6,900 " " MAYOR Robert Bean COUNCIL Krisli Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612) 474.3236 MEMORANDUM . FROM: DATE: RE: Mayor and City Council Jim Hurm J}!b- Larry Brown (]'~ TO: December 6, 1995 Proposal For Engineering Services Shady Island Bridge Replacement As the City Council is aware, the Shady Island Bridge has deteriorated over time and is in need of replacement. The timing of this project is in accordance with the Capitol Improvement Program for 1996. . I have asked OSM Associates to outline the anticipated costs for the feasibility study for replacement of the Shady Island Bridge. This proposal is attached for your review. OSM has outlined the costs, however, recommends that the fee be based on a cost plus agreement due to the amount of public involvement that is anticipated on the project. Replacement of this bridge has some very sensitive issues. Because of the difficulty in maintaining access and the anticipated construction precautions required due to construction adjacent open water, the conceptual preliminary estimate for construction is $260,000. OSM's estimate for the feasibility study is $12,150. This is approximately five percent of the total construction cost and is recommended for approval. As such, a resolution for authorization for OSM Associates to prepare a feasibility report for the replacement of the Shady Island Bridge is attached for your consideration. A Residential Community on Lake Minnetonka's South Shore 1t/Z, CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT ON THE SHADY ISLAND BRIDGE REPLACEMENT PROJECT WHEREAS, it is proposed to prepare an engineering feasibility study for replacement of the Shady Island Bridge, and WHEREAS, such proposed engineering study is to include the following: 1) Alternatives for bridge design and materials, 2) Temporary access during construction, and 3) Approach and utility improvements. WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood, Minnesota: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of December ,1995. ROBERT B. BEAN, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR t' " . . ,,- QS"-i=r~ December 7, 1995 300 Park Place Easl Si15 Wavzata Boulevard MinneapOlis, MN 55416-1228 612.0595-5115 1-800-753-5175 FAX 595-5174 ~. =t= Planners swveyors City of Shorewood S7SS Country Club Road Shorewood. MN 55331 . Attn: Mr. Larry Brown, P.E. City Engineer Re: Proposal For Engineering Fees Shady Island Bridge Replacement Feasibility Report Dear Larry: We are writing in regard to our proposal for engineering services for the Feasibility Report for the referenced project. . The services provided by OSM at Associates, Inc.. will include bridge material alternatives. design and cost estimates for each bridge alternative, resident and City staff meetings to discuss acceptable bridge design and materials, temporary access during construction, approach and utility design alternatives. Due to the complex nature of this project in determining bridge alternatives and our involvement in meetings with the residents affected by this project, we recommend a fee based on a c:ost.plus contract. Our estimated fee to perform these services is $12,150. A scope of services with estimated costs are illustrated on Attachment A. Please do not hesitate to call me if you have any questions or comments regarding the scope of services for this project. . Sincerely, ORR-SCHELEN-MA YERON at ASSOCIATES, INC. r... "..-- '- r ._~- ..., ....... ~ ~~~~ Edward I. DeLaForest. P.E. Project Manager ce 1L-wnI.QOC1VlL1COIUUlIU~ Equal Oppor:l.ln1ly ~plo>.~r ;:lOSS" I'I\ISO* Nd:E::O: 90 96 ..LO 'Z"t "tad: ATTACHMENT. Shady Island Bridle Replacement Feasibility Report. Scope ot Servfees: . Resident Meetings .. City Staff Meetings .. Bridle Alternative Cost Estimates .. Temporary Access Alternatives .. Utility Reloeatfon Alternatives . Bridee Approach Roadway Alternatives .. Permit Aleney Meetines . Financing .. Report Compilation Indudillg Dlustrations of Desten AlternaUyes 48 hours 48 hours 24 hours 12 hours 8 hours 12 hours. 6 hours 4 hoW's 16 hours Estimated Report Hours. 162 Estimated Report Fee @ $7S/hour. $12,150 ZOd: 1L"\511I.llO'ClVII.lCOUBN~ ::>OSS" I/'(SO* Nd:E::O 50 56 "Loa 'Z"[ -, . . .... ' Orr Schelen ~er9Jl& AsSociates, Inc. 300 Park Place East 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 Engineers Architects Planners Surveyors November 24, 1995 ...",..,<""' Mr. Larry Brown, P.E. City Engineer City of Shorewood 5755 Country Club Road Shorewood, MN 55331 " , '; - .~~---,..- Re: 1996 Fee Schedule . Dear Larry: Enclosed for your consideration is our proposed fee schedule for services rendered during 1996. As before, our hourly rates include costs associated with normal printing and reproduction, clerical and administrative services, mileage, computer usage, and survey equipment. On the average, the rates we propose are 4% higher than those we used for 1995. Please call me if you have any questions or comments. We very much appreciate having served as Shorewood City Engineer and Consultant over the past several years. I look forward to working with you as the new City Engineer and to providing the quality of service and responsiveness required to meet the many challenges that lie ahead for your City. . Thank you for your confidence in OSM. Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES, INe. ceV- Edward J. DeLaForest, P.E. Civil Engineering Department Manager c: Paul Hornby, OSM H:\CIVlL\CEE\NM\EJD\9S1124.LB Equal Opportunity Employer .,,... Orr Schelen Mayeron & AsSociates, Inc. 300 Park Place East 5775 Wayzata Boulevard Minneapolis. MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 1996 FEE SCHEDULE Labor Classification Hourly Rate Principal Senior Registered Engineer, Architect, Planner, Surveyor Registered Project Engineer, Architect, Planner, Surveyor Project Engineer, Architect, Planner, Surveyor Engineer, Architect, Planner, Surveyor Senior Designer Designer, Level II Designer, Level I Senior Technician Technician, Level II Technician, Level I $110.00 $95.00 $82.00 $65.00 $54.00 $75.00 $65.00 $59.00 $53.00 $47.00 $39.00 . ~ Construction Observer 3-Person Survey Crew 2-Person Survey Crew $65.00 $130.00 $100.00 . These rates include the salary rate times an overhead factor which accounts for federal and state taxes and required benefits, as well as insurance, office expenses and a reasonable profit. All personnel assigned to the project will be billed at the rates shown above based on their respective classification. All other costs, such as vehicle mileage, survey equipment and vehicles, word processing, clerical, printing and reproduction costs are included in the hourly fee. This Fee Schedule is subject to revision in subsequent years on an annual basis, and subject to approval by the City Council. Engineers . Architects . Planners . Surveyors ITEM 13 HAS BEEN DELETED FROM THE AGENDA . . -. MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 rvrEMORANDUM TO: Mayor and City Council ~::wn . {)l~ ~ . FROM: DAlE: RE: December 6, 1995 City of Shorewood's Drug and Alcohol Policy . Attached for the City Council's consideration is the proposed Drug and Alcohol Policy (refer to attachment 1), and a summary which hopefully addresses the most commonly asked questions about the policy (refer to attachment 2). The Federal Government passed the "Omnibus Transportation Employee Testing Act of 1991." This act requires that organizations which operate Commercial Vehicles (26,001 pounds or greater), to meet the requirements of the Federal Highway Administration which mandates testing for Drugs and Alcohol for all operators of a commercial motor vehicle. This law was instituted in 1991 and has been in affect for organizations with 50 operators since January 1, 1995. Organizations with less than 50 operators must begin the testing program on January 1, 1996. Due to the nature of the matter, the regulations are quite extensive. Staff spent a considerable amount of time researching this policy. In turn, we have derived a list of question commonly asked by several municipalities. Staff apologizes that the summary is so long, however, because this is a sensitive issue, we felt it needed to be very comprehensive. I will try to address any further questions you may have at the meeting on Monday night. I~ A Residential Community on Lake Minnetonka's South Shore , ' '.. CITY OF SHOREWOOD DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES FOR COMMERCIAL MOTOR VEHICLE DRIVERS A City of Shorewood value. . . "Respect for City employees who, with fair treatment, proper training, and a willingness to let them excel, will take pride in association with the City and serve the people well. " . I. INTRODUCTION The following Drug and Alcohol Testing Policy and Procedures have been adopted by the City of Shorewood ("Shorewood" or "City") for its Commercial Motor Vehicle Drivers ("CMVD"). This policy implements the requirements of the Federal Omnibus Transportation Testing Act and the U.S. Department of Transportation, 49 C.F.R. Part 382 and 390.5. This Policy, in whole or in part, is subject to change, revocation, modification, or amendment at any time in Shorewood's sole discretion with or without prior notice. Shorewood also reserves the right to interpret this Policy at any time and in any manner it deems appropriate so long as such interpretation does not violate local, state, or federa1law. . Copies of this Policy shall be distributed to all CMVDs and applicants for CMVD positions. Notice that this Policy has been adopted will be placed in a conspicuous location at the Public Works facility. This Policy will also be available for review during regular business hours at the Shorewood City Hall. All questions regarding this policy should be directed to the Designated Contact Person, James C. Hurm, City Administrator, 5755 Country Club Road, Shorewood, MN 55331. II. APPLICABILITY This policy applies to all CMVD andjob applicants for CMVD positions with the City. III. POLICY STATEMENT A CMVD's involvement with controlled substances and/or alcohol can jeopardize the safety of others, jeopardize a CMVD's well-being, adversely affect job performance~ and incre~se the likelihood of injuries and property damage. Therefore, Shorewood's goal IS to establIsh a drug and alcohol testing policy to help prevent accidents and injuries resulting from the ~se of co~trolled substances and alcohol by CMVDs in compliance with the state and federal regulatIons applIcable to commercial motor vehicles and CMVDs. 1<<4.' ,j' IV. DEFINITIONS Accident. An occurrence involving a commercial motor vehicle operating on a public road which results in: . a) a fatality; or b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or c) one or more motor vehicles incurring disabling damage as a result of the accident. requiring the vehicle to be transported away from the scene by a tow truck or other vehicle; or d) an employee receives a citation for a moving traffic violation in an accident. Alcohol. The intoxicating agent in beverage alcohol. ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. Confirmatory Test. A second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. (Gas . chromatography/mass spectrometry (GCIMS) is the only authorized confirmation method for cocaine. marijuana. opiates. amphetamines. and phencyclidine.) In alcohol testing, a second test. following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. Breath Alcohol Technician ("BAT"). An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device. Commercial Motor Vehicle ("CMV"). A motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle meets anyone of the following criteria: a) Has a gross combination rating of 26.001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10.000 pounds; b) Has a gross vehicle weight rating of 26.00 1 or more pounds; c) Is designed to transport 16 or more passengers including the driver; or d) Is of any size and is used in the transportation of materiais found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded. Commercial Motor Vehicle Driver ("CMVD"). A driver of a CMV. May also be called "driver" or "employee. ,. . Controlled Substances. The meaning assigned by 21 U.S.C. 802 and includes all substances listed on Scheduled 1-5 (attached hereto as Exhibit A) as it may be revised from time to time (21 c.F.R. Part 1308). Conviction. A finding of guilty (including a plea of "nolo contendere") or imposition of a sentence. or both. by a judicial body charged with the responsibility to determine violations of the federal or state criminal drug laws. Designated Contact Person. The City Administrator/Clerk will be the Designated Contact Person and will coordinate the implementation, direction, and administration of the City's alcohol and controlled substances policy. The Designated Contact Person is the principal contact for the collection site, the testing lab, the MRO, the BAT and the person tested. Employee questions concerning this policy should be directed to the contact person. Drugs. "Drugs" has the same meaning as Controlled Substances and the terms are interchangeable. Evidential Breath Testing Device ("EBT"). An EBT approved by the National Highway Traffic Safety Administration ("NHSA") for the evidential testing of breath. Two breath tests are required to determine if a person has a prohibited alcohol concentration. FWHA. The Federal Highway Administration. . Initial Test or Screening Test. A drug test using a method of analysis which is capable of detecting the presumptive presence of a drug or drug metabolite in a urine specimen. Medical Review Officer (f1MROfl). A licensed physician with knowledge of substance abuse disorders that is employed or used by Shorewood to review and verify Drug and Alcohol Testing. On Dutv. All time from the time a CMVD begins work until the time he or she is relieved from work. On Duty time includes all "on duty" activities set forth in 49 C.F.R. 9 395.2 including: a) All time inspecting equipment as required by 9 392.7 and 392.8 of this chapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; . b) All driving time as defmed in the term driving time in this section; c) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; d) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle; e) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 or part 391, subpart H, of this subchapter, whichever is applicable, when directed by a motor carrier. f) Performing any other work in the capacity of the City of Shorewood. Positive Test Result. A test result which evidences a presence of Controlled Substances or Alcohol in the sample tested above the cutoff levels set forth in 49 c.P.R. 940.29. A positive test res~lt does not automatically identify a CMVD or CMVD applicant as having used Drugs or Alcohol m violation of this Policy. An Initial Test evidencing a Positive Result will be subject to a Confirmatory Test. A Confirmatory Test evidencing a Positive Result will be reviewed by the MRO prior to the transmission of the result to Shorewood in accordance with 49 C.F.R. 9 40.33. Random Selection. Mechanism for selection of employees for testing where each employee has an equal chance of being tested each time selections are made. 3 . , Reasonable Suspicion. Occurs when the appearance, behavior, speech or body odors of an employee that are indicative of the use of a controlled substance or alcohol based on the observation of two (2) supervisors or officials, if available, who have received training in the identification of behaviors indicative of drug and alcohol use. The documentation of the CMVD's conduct shall be prepared and signed by the witness( es) within 24 hours of the observed behavior or before the test results are released, whichever is earlier. Refuse to Submit (to an alcohol or controlled substance test) means that an employee: a) Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; b) Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; or c) Engages in conduct that clearly obstructs the testing process. Split Urine Specimen. Urine sample collected according to FHW A regulations, divided by the collection site person into two bottles labeled "primary" and "split". The sample is then sealed and . shipped to the testing laboratory for analysis. Substance Abuse Professional ("SAP"). A licensed physician or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders, designated by the City for said purposes in this Policy. Verified Positive Test Result. A Confirmed Test evidencing a Positive Result which has been reviewed and verified by the MRO as establishing use of a Controlled Substance or Alcohol in violation of state and federal regulations. A Verified Positive Test Result may also be referenced as "Tests Positive." V. DRUG AND ALCOHOL POLICY AND RULES A. Prohibited Activities . The following alcohol and controlled substance-related activities are prohibited: 1. Reporting for duty or remaining On Duty while having an alcohol concentration of 0.02 or greater; 2. Reporting for or remaining On Duty or operating a CMV while possessing alcohol, including unsealed packages of medicines containing alcohol (prescription or over the counter), unless the alcohol is manifested and transported as part of a shipment; 3. Using alcohol while On Duty; 4. Reporting for duty within four hours after using alcohol; 5. When required to take a post-accident test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first; 6. Refusing to submit to an alcohol or controlled substance test required under this Policy; 4 7. Reporting for duty or remaining On Duty when using any controlled substance, except when the use is pursuant to the instructions of a physician who has advised that the substance does not adversely affect the ability to safely operate a CMV; 8. Reporting for duty or remaining On Duty after testing positive for controlled substances. B . Prescription Drugs Any CMVD using a prescription drug which could potentially affect safety or the CMVD's job performance must immediately notify his or her supervisor of the drug the CMVD is taking, the name and address of the doctor prescribing the drug, and length of time the CMVD will be taking the drug. The supervisor will immediately notify the MRO. When in the MRO's opinion, after consultation with the prescribing physician, the CMVD's use of the drug will impair the CMVD's job performance and will create a threat to the safety of the CMVD or others, the CMVD will be deemed medically unqualified to operate a CMV. See c.F.R. 49 382.213(a). . VI. DRUG AND ALCOHOL TESTING A. General Rules When Drug or Alcohol tests are performed, the testing will only test for the presence of Drugs or Alcohol and their metabolites. Other medical conditions will not be tested. All Drug and Alcohol Testing will be conducted by a laboratory certified under the Department of Health and Human Services regulations. B. Written Consent A CMVD applicant must provide written authorization to the City of Shorewood to contact former employers to release any information related to previous results of Drug and Alcohol Testing, including but not limited to ConfIrmatory Tests, EBT testing or Initial Tests. C. In addition, all CMVDs asked to undergo Drug and Alcohol Testing will receive a consent form to complete. The consent form will state that the CMVD has examined Shorewood's Drug and Alcohol Testing Policy and Procedures, and will request that the CMVD list all prescription andlor over-the-counter medications which he or she has recently taken, and any other information which may be relevant or will explain a Positive Test Result. Controlled Substance Testing Procedure Controlled substance testing is conducted by the Split Urine Specimen testing method. Split urine samples will be collected according to FHW A regulations. The employee will provide a urine sample at a designated collection site: The collection site person shall pour the urine specimen into two bottles (3 ml each) labeled "primary" and "split", seal the specimens, complete a chain of custody document and prepare the bottles for shipment to the testing laboratory for analysis. If the employee is unable to provide the appropriate quantity of urine, the collection site person shall instruct the employee to drink not more than 24 ounces of fluids and, after a period of no more than two hours, again attempt to provide a complete sample. If the employee is still unable to provide a complete sample, the testing shall be discontinued and . 5 the City notified. The MRO shall refer the employee for a medical evaluation to detennine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the City may elect to not have the referral made and revoke the employment offer. Immediately after the specimen is collected, the collection site person shaIl measure the temperature of the specimen. The time from urination to temperature measure is critical and in no case shall exceed four (4) minutes. A specimen temperature outside the normal range constitutes a reason to believe that the individual has altered or substituted the specimen. In such case, the individual supplying the specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the individual may have altered or substituted the specimen. Immediately after the specimen is collected, the collection site person shall also inspect the specimen to determine its color and look for any signs of contaminants. Any unusual finding shall be noted on the urine custody and control form. Whenever there is reason to believe that a particular individual has altered or substituted the specimen, a second specimen shall be obtained as soon as possible under the direct observation of a same gender collection site person. . Both the individual being tested and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. The specimen shall be sealed and labeled in the presence of the individual being tested. The collection site person shall place securely on the bottle an identification label which contains the date, the individual specimen number, and any other relevant identifying information. The individual shall initial the identification label on the specimen bottle for the purpose of certifying that it is the specimen collected from him or her. The collection site person shall enter on the drug testing custody and control form all information identifying the specimen. The collection site person shall sign the drug testing custody and control form certifying that the collection was accomplished according to the applicable federal requirements. If the initial screening conducted by the laboratory yields a positive result, the result shall be confirmed using gas chromatography/mass spectrometry (GeIMS). . Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports the results to the City's Designated Contact Person. If the results are negative, the City will inform the CMVD or applicant and no further action is necessary. If the test result is confmned positive, the MRO shall give the individual tested an opportunity to discuss the test result. The MRO will contact the individual directly, on a confidential basis, to determine whether the person wishes to discuss the confirmed positive test result. The MRO must review the confmned positive test result and any medical records supplied by an individual to detennine if a confirmed positive test is the result of the individual having taken legally prescribed medication or if there is an acceptable medical reason for the positive result. The MRO shall verify and report a positive test result to the City when there is no legitimate medical reason for a positive test result as received from the testing lab. If after making reasonable efforts and documenting these efforts, the MRO is unable to reach the employee directly, the MRO must contact the City Designated Contact PersC?n, who shall direct the employee to contact the MRO. If the Designated Contact Person IS 6 . . unable to contact the employee, the employee will be placed on a medically unqualified status or medical leave. The MRO may verify a test positive without having communicated directly with the employee about the test results under the following circumstances: a. The employee expressly declines the opportunity to discuss the test results. b. The employee has not contacted the MRO within five days of being instructed to do so by the City. If a confirmed positive test result is veritied, the MRO shall notify the CMVD that the CMVD has 72 hours in which to request a test of the split specimen at the CMVD's expense. D. Alcohol Testing Procedure Alcohol tests shall be administered by a BAT using an EBT. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If an employee attempts and fails to provide an adequate amount of breath, the City will direct the employee to obtain written evaluation from a licensed physician to determine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the City Designated Contact Person. An individually-sealed mouthpiece shall be opened in view of the CMVD and used for the . test. The CMVD will be required to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. The BAT will ensure that the identification number of the test is correctly recorded, either using the safeguards provided by the equipment or requiring the CMVD to read the sequential test number displayed on the EBT and recording the displayed result, test number, testing device, serial number of the testing device and time. E. Right of Refusal and the Consequences of Such Refusal 1. All job applicants for CMVD positions and all CMVDs have the legal right.to refuse testing for Drugs or Alcohol. The consequences of a CMVD job applicant's refusal to undergo testing is that the job applicant will be deemed unqualified and the conditional offer of employment will be withdrawn. 2. An existing CMVD who refuses testing for Drugs or Alcohol shall not be permitted to report to duty or remain On Duty. Such refusal shall be treated as a Verified Positive Test Result and the CMVD who refused the testing will be deemed medically unqualified to operate a CMV. In addition, a CMVD may be disciplined for such refusal up to and including immediate discharge. F. Grounds for Testing 1. Pre-emplovrnent. Job applicants seeking employment for CMVD positions shall be required to undergo testing for the presence of drugs after they have received an offer of conditional employment. Employment offers will be made contingent upon taking the required test and withdrawn in the event that the test is refused or there is a verified positive test result. If 7 the employment offer is withdrawn following testing, the applicant will be informed of the reasons for the withdrawal. 2. Reasonable Suspicion. A controlled substance or alcohol test shall be required, without prior notice, if the City has a reasonable suspicion that an employee has violated the provisions of this policy regarding Controlled Substances or Alcoho1. The conduct deemed necessary to require testing must be witnessed by at least one supervisor who has received training in the identification of actions, appearance, and conduct which are indicative of Drug or Alcohol use. Alcohol testing is authorized only if the observations are made during, just before, or just after the period of the work day the driver is required to be in compliance. If a reasonable suspicion alcohol test is not administered within two (2) hours following the observations, the supervisor shall prepare and maintain in the departmental personnel file a record stating the reasons the alcohol test was not administered promptly. If the alcohol test is not administered within eight (8) hours, the supervisor shall cease attempts to administer the test, and shall prepare/maintain the record listed above. All tests will be administered in accordance with the FHW A regulations with the prohibitions herein regarding alcohol. If reasonable suspicion of a CMVD has been confirmed as outlined herein, the City will arrange for transportation to the Drug and Alcohol Testing collection site if a test is required, or arrange for transportation home if the CMVD has been requested to be off duty. . 3. Random Testing. CMVDs may be tested on a random selection basis for the presence of drugs or alcohol. Random testing is unannounced. CMVDs will not be selected discriminatorally but at random. The selection of CMVDs for random alcohol and controlled substances testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with CMVD's social security number, payroll identification number, or other comparable identifying number. Under the random testing selection process, there is an equal probability that any CMVD will be selected for testing. The number of random controlled substances tests conducted annually will equal or exceed fifty percent (50%) of the CMVDs. The number of random alcohol tests conducted annually will equal or exceed twenty five percent (25%) of the CMVDs. If the required . percentage of CMVDs to be tested is changed by the FHW A, the City will use the lowest percentage allowed. . 4. Post Accident Testing. A CMVD shall be required to undergo drug and alcohol testing after an accident if the CMVD receives a citation for a moving traffic violation or was On Duty with respect to a CMV involved in an accident resulting in the loss of human life. If a post-accident alcohol test is not administered within two (2) hours following the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a post-accident alcohol test is not administered within eight (8) hours following the accident, the City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. If a post accident controlled substances test is not administered within thirty two (32) hours following the accident, the City shall cease attempts to administer a controlled substance 8 test, and prepare and maintain on me a record stating the reasons the test was not promptly administered. A CMVD who is subject to post accident testing shall remain readily available for such testing. Nothing in this Policy shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a CMVD from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. 5. Follow-up Testing. Following a determination by a SAP that an employee is in need of assistance in resolving problems with Controlled Substances use andlor Alcohol abuse, an employee shall be subject to unannounced follow-up Alcohol andlor Controlled Substances testing as directed by the SAP. Follow-up testing shall occur at least six (6) times during the fIrst twelve (12) months following the return to duty and shall not continue beyond. Follow-up alcohol testing shall be conducted only when the CMVD is On Duty, just before the CMVD is On Duty, or just after the CMVD has ceased being On Duty. . 6. Retum-to-Duty Testing-. Prior to returning to duty a CMVD who has had a VerifIed Positive Test Result must undergo a Return-to-Duty test with.a result indicating a verifIed negative result for Controlled Substances and an Alcohol concentration of less than 0.02. G. NotifIcation of Test Results . I. NotifIcation to Shorewood of Test Results. The MRO shall report to the Designated Contact Person whether a CMVD's test was positive or negative and, if positive, the identity of the Controlled Substance or Alcohol level for which the test was positive. 2. NotifIcation to CMVD and Job Applicants for CMVD Positions of Test Results. a. The City will notify an applicant of the results of a pre-employment Drug and Alcohol test. b. If a CMVD Tests Positive, the Designated Contact Person will notify the CMVD of the test result as well as the Controlled Substance or Alcohol for which the CMVD tested positive. 3. Copy of Test Results. . The CMVD or job applicant for a CMVD position will be notifIed of the right to request m writing a copy of the Drug or Alcohol test results. H. Consequences for Eng-aging in Prohibited Conduct 1. Offer Withdrawn. A job applicant for a CMVD position who Tests Positive for Drug or Alcohol use will have his or her conditional offer of employment withdrawn. 9 "2. Return to Duty Test. Before a CMVD who Tests Positive is permitted to return to duty, he or she shall undergo a Return to Duty Test with a result indicating a breath alcohol level of less than 0.02 if the conduct involved alcohol. or a controlled substance test with a verified negative result if the conduct involved controlled substance use. 3. Resources Available. Employees shall be advised by the City of the resources available to them in evaluating and resolving problems associated with misuse of alcohol or use of controlled substances. 4. Employee's Participation in Counseling and/or Rehabilitation PrOlpaffi. If is it determined by the SAP that the employee needs help in resolving problems associated with alcohol misuse and/or controlled substance use, the City will give the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The employee shall sign a release permitting the City to monitor participation and compliance with counseling or a rehabilitation program. 5. Discipline. . CMVDs may be disciplined, up to and including termination, for engaging in prohibited conduct, except as follows. The City may not discharge a CMVD for a verified positive test result which was the first such result for the CMVD on a drug or alcohol test required by the City, unless the following conditions have been met: a. The City has fIrst given the CMVD an opportunity to participate in, at the CMVD's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the SAP; and b. The CMVD has either refused to participate in the counseling and rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a verified positive test result after completion of the program. 6. Leave to be Used. Available sick leave, vacation leave or approved unpaid leave may be utilized by the CMVD . until a negative test result is obtained or until termination from employment. 7. Policy Limitations. . Nothing in this Policy limits or restricts the right of the City to discipline or discharge an employee for conduct which violates the City's policies or rules. Disciplinary actions taken pursuant to this policy are appealable pursuant to the procedures established in the Employer's personnel policy and rules or collective bargaining agreement. 8. Disciplinary Action. Disciplinary actions taken pursuant to this policy are appealable pursuant to the procedures established in the Employer's personnel policy and rules or collective bargaining agreement. 10 1. Summary of Te~ts and Financial Responsibility 1. Initial Test. The Initial Test is done on a portion of the first half of a split specimen and is paid for by the City. 2. ConfmnatOlY Test. The Confmnatory Test is done on a portion of the first half of a split specimen when the laboratory gets an initial positive result, and is paid for by the City. 3. Retest. A Retest using the second half of split specimen may be done at the request and expense of the CMVD. . 4. Return to Duty Test. The Return to Duty Test is done at the direction of the MRO and must be negative to return to work. The initial return to work test is paid for by the City. Any further tests will be the financial responsibility of the CMVD. 5. Treatment Program Participation. Participation in any drug or alcohol treatment, or rehabilitation program beyond what is covered in the City's medical programs is the responsibility of the CMVD. 6. Follow-up Testing. Follow-up testing shall be conducted at the City's expense. VII. RECORDS The City will maintain all records required by 49 c.F.R. ~ 382.401 for a period of five years. CMVD test results will only be disclosed to the CMVD tested and to appropriate Shorewood officials or as required by state or federal laws or regulations. Further disclosure shall not be made without the written authorization of the CMVD. . A CMVD may make a written request to the Designated Contact Person to see all information regarding his or her test results and any documentation of discipline inflicted based upon those results. VIII. EFFECT Should any part of this Policy be in violation of Local, State or Federal law, the offending provision shall be deleted and the remaining parts of the Policy shall be in full force and effect. IX. ACKNOWLEDGEMENT All CMVDs must sign a receipt form acknowledging that they have received this Policy. It is the CMVD's responsibility to notify the City Administrator if he or she does not understand the Policy. Adopted by the Shorewood City Council on ,effective January 1, 1996. 11/95 11 I.EDID\ . CONTROLLED SUBSTANCES - USES AND EFFECTS . For more I"'ormatioll pleAse call MEO TOX al t .000.832-32"".1 If ; . . 'I li:kl !hJ 'If.l~ ~l$) i 11 ~1.t:J!Hb,JI (IJ..~!1.1:.ti h1,Wbt'lHiJ '; I ~!l.:J.;tI!J l~' " 1~\i(;J'H I '1' 1." (:'l!.l:..1 \!J fl.2.l.!lWJ I ~111l:.4J II'tl:liIl!.UlHlli~ , , , 1.:.1 1\.!l~1 !:I'U,11'l:1I ~,U\t;ft'~~h'l!i t;~~i&'J eJt ...\~llllhll;m~W.~IJ .. .~11t:lr~tJ .... q~p~~I;U..I. .- .. . ~ . - '" " , " :JIATES ... Jiurn VOYor's "owder, f'nrega"c,lt1urf""tttft ^n"tgl!~le. "nUdlnuhri11 11111" "'1I" '.2t'"y$ O'A'. s,"o~ed Jrphille Unrflh'"t', ""1'""n', tlmmnol.sn ^1'nlg~"'1r. '"11" '''gh '-2 ""ys 0'"'. ~,"(l~~d. ~'I,,<:'n,1 >dellle Iyleno' w'Codel"e. "",,,I,h. ..!Coon'''". n"hlI,..~,,, ^.C. ^";1tn~!I1ifr::. ""U'"q~fvf! M"rf,.'nt,. Mnr',.u"p. ,., ".y~ 0' A'. ""oe'ed FlO'lnal wICode'n8 F:llf,hll,ln. ~Io'" nn" ~h"""'!1 h""llli" Hoill IJtitf:@tyht101I'lhfnf!, "U'9n. !=;nl:1r;Ic. U'n9<''''o t nil None '"g" 1119h '.2 ".y~ ,,,,,,Ch"'. "'l11'nlt, !I;,,,ott,,,, thrw~itl~S~, r:I:1tnlHV !~~In. ,,,,,,ft~'o,y "~r'"~~'"t1, r.n'1V"'~'''''!\. IdlOlllor phone (1I'n"I';'! ^".lg".le IIlgh IlIgh ,.~ ""ys O'n'. k'l"dnd r,~"'!;',ir:'t'd '''Ipit!', r.omn. epelidine 00"''''01. M~'le'gn". reth'dl"o II111h ,nil" '.2dny' O,nl.I"leel.d nnU!1"" flnq~,hlf'! ,'"nth ^"o'lIoslc elhadone O""'r"'"p.M"".do"" A"n'IIPSlc ,ng" Mod"'"'e 5-'0 d.ys 0'.'. '''Inelod - xycodolle r'-,'c')(tf'n, t'r!tt'::Of:f!t. 'V''='1t ^".'gc.lc '''II'' '''II'' 0.'" h","~ 0'"'. ~'Ine'"d Iher Opiales ,ttt"''''''''~'l llt'qt:lln""." tf!'t'"ny', 'lmvn", t"""nut '"'\Ntn ^'1Mt~I"'~Ir:. ""I1I":1"',...nl. J1"tIt"'l'qlvr ,n"hluw "it~. '-"w "~tt hout!" 0,.,. h'r.rt",' EPRESSMITS IcollOl -. ftf'!'!'. WI,,~. ltftun' ^,lIlf'nl,. 'n' "''''''"'''1' t,,,,~,'fth,p '''II'' "'11" O.'Ohum!l 0,.1 t~;X~l' JI:~:;;;'~'a;~':,'1,~::r~;~~I';'ro""." ^""r-n,~tlr., "VP"tlUr.. ,ml"'::n'1V1""n'" -- arbilurales sel/allv8 '''11'' "'g" 2.'Otl"ys 0'"' S'Itf'~rf ~r,,~d', ~"nn"w 'e!;pfttt1Inlt enzodlazepllles AUvpn. Unt","",!. nIT,ecn'''"lIb''Utn. X"""... Sn'jIlJy. V"lilt'" ^nU"tlxl"'y, ,,"(tnUv{I. '''''It:nnvt,I-;nnl. "I"" "'l1h '.11 wnn~. 0'"' dl~t"'f;',1f""0", r::t:\tf""V ~~IIl. l,an""8. Velsed. I ale 011. axlpam. n8.10,1I hyp"ollc "f1"""m t,'!"..vhtt. ,t"nlr,t ,'''pll~. lelhaqualone 0":1"",..1" r,,,dnUyl', hvr'll't'Ur. 1I11~' '"llh ,"W~l!l(s O'n' we"~ :"u"I t:'pi,I p"I.... fU.,-Ih,(!",.,.,I"tf r.'''''". ilulelhlrnide O",Id'!" S.d.'lvn. "Ylmollt: IIlgh M('IdE'l,nht 2. '0 dnys O,nl wlllnhnwn' ""!II~lhl,. t:lt!nlh IIher Depressants "'I'J""". M'''o",,,.lIoIll<ln,. "'.ol"yl. ~(l'''"' ChIOlA"'ytl'At. ^','hm'l'I'!Iy. ",,"""y". "Yf'''olk: Murff"n'" Mn,I","'" ~. 7 <I.y. 0,.1 TlMULANTS ocaine Cn~n. nn~p. s"ow. C'"c~ lC'f:A' "",,slhrllc I"g" IlIgh 2.~ dnys Sniffed. ''''''~"''. "'Incl." 'nt'''"'9d ~'r;t,'""q~. nphelamines "lpr,~"u,t1',g. {It''cob=-se. O~!loy.yn O'!~@(hl"l'!. Obe""". n~d!'; Mln"II.,,, ~::~~i~~~I:::l'""'rr'v. MflrfP.tr,II'! "'gh '.2".ys O'n'.'nl""'o" @Ydtntlon, NlphO"::t. ^gftntlnn. lenmelrazine I',.Iu,lI" WtJ1gt,I contini Mode'nl'l Itlgh 1.2 "ny~ 0'.'. '''Inc'.'' ,"c'~A!I;'!fl ptll~~ ';"f9, ,"t:,~~~,! '" bnrfy 1""",I",nll,,,' elhylphenidale 'nr.,""!;'!d "1ornl fl'"!'l!tUtP.. hn'hJ{:I"ttll",,~. "".11n ^"""1Uf."I" ,1"11t:''''"~y, ',"'r.nl",,-'lY t'""\!'llhl,, M'''',!I"'I! I-'tl.y~ 0,.,. h"nc'ntl '''!!lorn"ln. r.""v"t~f1ln~. colille - 'n~!l"I "flr.p.UI'J. "f1!;!l::ih'~ rlf'!f'1h Clg:t'nU'!!l. C'mw'ng 'r:ohf'r.co. Cignt9 NOlle '''g'' 'IIg" 2.~ d"y~ Sumpct. lIJI"'okmt. o,n' "'offJnef!. Iher SlillluJanls ^"ID"'. Gv'"". fJ',ht'!.. 'nn~'n'n, r'f!glnp. lpn_,",,.. l~f1:t,,". W",ig'"(:l')""CI' Mnrle':t'r. '"gh t.2 "nys 0,.1. 1"'~c1"d mood ~w'ng~ Pl8lu.2 "llUClNOGENS - - 30 ^oid. M'e""",,I None t.t",,~ tow Rho"" Oon' escalille M~~c, RI '''l')"~. C~C'\I!l. r "yole None Non!? Mod~'"'e ~.3 "ny. O'At nhl~lon!; nnd ":tn,,~in"ll,.,n!IC '.'1"9"'. morro in1"',,~" 'llpl1elcHllille Variallls :1.5lJM^: rM^: SII'; MUA: MDMA: TM^: DOM: 000 None , ,,,known Modmn'~ A.2~ "01"$ 0'"'. ~'I~c'o" ',,,,,' "f1i~odt;"'; POnt Jl~'ct'!"Un" n' Um~ Ilellcyclidille reI'. ^"g"' D",I. ling ^"os'h~Uc Unlcnr.-w" "illh 2 0 days S,",,~cd. ",nl. ~'I"c'"d nnd di!;'~"r.". f1l';yd,,,~I!O. ell ijUflllCl None f~lifJu". rol. f\t:::,ptl1r.o Go'd. G'~~s. nee''''. Sin~p.m"':t, 1"", SlId':!l tln~nl'JWt' M"dr'!'"lfJ 2 !lnys . 'I w~. S,",,~"l/. O'n' ',,'phnri~. fl:1lrm"i:t. 31 r n' lydrocannabillol Cnnr.nf cl,p.ftlcll,p.'"flV re'n"r.rll',hihtUn"~. p'l~!"il,'" ,''''nllt lIle. M.,I"o' anlklau.eanl U"kf1oWII Modern1e :1 d.ys. "w~s S,"o~'!ft. ",n' Inr.'r>A';I},J """1':''''", <Ishish. Hashish Oil "",;h None "i~o,I'!n1f'!c1 h'!h:tvlnt U"t.:f'....wn Mn~~'~''! 2 "OV. .. I , wit. Smolr"cf,or;t' ..-.-....--- ....- -------_._--- .~----- ---._- Ihel 11C111lJcillogells (h"olr',If1~ ",....O"'h,,.. '''.4t I1r' r-:II''''v',ln, '~~n..,,...r,,. "('I: NOlle "n"f'! 'ft,"nnw', "(;1')'.1(;11 Ii "Ol"~ ~n"'f.:",'. OInt. "'I""'"fl. ~"irt,..rt DESCRJPT10NS AND EFFECTS OF COMMONLY ABUSED SUBSTANCES The drugs of growing abuse in the workplace are cocaine, crack, marijuana, stimulants and depressants. The following 'are descriptions and effects of these commonly abused substances: SUBSTANCE: Cocaine DESCRIPTION: Flaky, white crys-.alline powder. SOURCE: Extracted from leaves of the coca plant grown outside the United Stares. NAlvIES: Coke, Snow, Stuff, Flake, C, Nose Candy, Dynamite, Dust, Snow Bird, Lady, Blow. Toot. METHOO OF USE: Inhaled through the nose, injected intravenously, smoked. . E:=r=ECTS ON USER: High is ot short duration (10 to 30 minutes), excited happy behavior, '!ery talkative, quick mood changes from happy to agitated. Coke stimulates the central nervous system. Its immediate effects include dilated pupils, elevated blood pressure, increased heart rate and elevated body :emperature. Also causes stuffy and runny nose. Can cause strokes and sudden cardiac arrests. Injecting c~caine with unsterile equipment can transmit AIOS, hepatitis and other infections. Cocaine can produce a psychological dependency. It is highly adaictive. WORK RELATED PROSl5'v1S: May make excessive trips away from work area: mood swings cause friction with coworkers, high cast at cocaine can lead to other illegal activities. SUBSTANCE: Crack DESCRIPTION: A concentrated form at cocaine that is extremely potent which has been chemically altered so that it can be smoked. It looks like small lumps or shavings at soap, but has the texture at porcelain. Some crack is sold in three-inch sticks with ridges, and in pellet form. . NAMES: Rock, Readyrock, Teeth, French Fries, Freebase rock. METr-IOO OF USE: Inhaled aTter heating (smoked). EFFECTS ON USER: As with cocaine, the effects include an increase in blood pressure, heart rate, breathing rate and body temperature. Temporarily elevates mood, filling the user with a sense of euphoria and well- being that quickly wears off and leads to depression, dullness, tension and edginess. Is extremely addictive. WORK RELATED PROSLEMS: Same as with cocaine. SUBSTANCE: Marijuana DESCRIPTION: Green, leafy tobacco-like substance containing seeds and stems. SOURCE: The marijuana plant will grow anywhere. In the past was smuggled into U.S., now is mostly grown here. METHOO OF USE: Smoked in hand-rolled cigarettes or in a pipe, or eaten. SU\NG NAMES: Weed, Mary Jane. Texas Tea, Gold, Acapulco Gold, Shang, Dope, Grass, Reefer, Smoke, Hemp, Jay, Pat, Hay. EFFECT ON USE?\: May impair snort-term memory and comprehension, alter sense at time and reduce ability to perform tasks .-equiring coordination and concentrarion. Motivation and cognitions are also impaired. P~ysicat effects can include increase in heart rate, bloodshot eyes, dry mouth and hunger. Marijuana is a cepressant and a hallucinogen. OTHE?\ FORMS OF CANNABIS: Hashish, Hashish oil and Tetrahydrocannabinol capsules (TriC). WORK .=1ELA TED PROBLEMS: Slowed responses and poor production, may be accident prone. SUBSTANCE: Narcotics DESCRIPTION: A group ot substances that produce a feeling of euphoria. Narc::Jtics are extremely addicting and dependency develops rapidly. SOURCE: Some narcotics are produced and bought and sold legally as prescriptions drugs; ather narcotics, like heroin are procuced and distributed illegally. METHOD OF USE: Injected, inhaled, smoked, taken orally. NAMES .A.No TYPES: Heroin-Smack, Horse, Junk, Mud, Big H; Methadone-Oolophine, Methadone, Amicone; Codeine-E:npirin w/codeine, Tylenol w/cedeine, cough medicines with cedeine; Morphine- Pectoral syrup; Meperidine-Oemerol, Mepergan; Opium-Paregoric, Dovers Powder; Other Narcotics: Percocet, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomoti/. . EFFECTS ON THE USER: Narcotics initially produce a feeling of euphoria fol/owed by drowsiness and nausea. Users can experience watery eyes, itching, and cons-uicted pupils. An overdose may produce slow and shallow breathing, c!ammy skin, convulsions, coma and death. In addition, the use of unsterilized syringes can transmit AIDS and other diseases. SUBSTANCE: Stimulants (Amphetamines and Methamphetaminesj DESCRIPTION: Capsules or tablets in assorted sizes and colors. Methamphetamines are also distributed in powder or blook form. SOURCE: Produced by phannaceutica/ companies for two medical reasons: narcolepsy and weight loss. Also produced and sold if/ega/ly. . MET'r-lOo OF USE: Taken orally in pill fonn, injected, inhaled. NAMES: (Amphetamines) Up's, A's, Momes, Black Beauties, Beans, Browns, Whites, Uppers, Copilots, Eye- Openers, Speed, Jollie Babies, Pep pills, Hearts, BenZedrine, Dexadrine and Biphetamine. (Methamphetamines) Crank, Crystal Meth, Methadrine, Speed. OTHER STlMULA.NTS: Ritalin, Cyfert, Preludin, Didrex, Pre-State, Voranil, Tenuate, Tepanil. Pondimin, Sandrex, Plegine EFFECTS ON USER: Stimulants can cause increased heart and respiratory rates, elevated blood pressure, dilated pupils and decreased appetite. In addition, users may perspire, experience headache, blurred vision, dizziness, Sleeplessness and anxiety. Very high doses can cause irregular heartbeat, loss of coordination, tremors and even physical collapse. In addition to the physical effects, users may appear restless, anxious, agitated, talkative and moody. WORK RELATED PROBLEMS: Frequently away from work area, agitation, excessive absences, poor production, violation ot company regulations. SUBSTANCE: Alcohol DESCRIPTION: A liquid substance that depresses the central nerJous system. Its consumption is legal for adults and is readily available in the form of beer. distilled spirits (liquor) and wine. PSYCHOLOGiCAL EFFECTS: Can be psychologically addicting; causes euphoria. tranquiiit'l and inappro- priate emotional response; altered perception; increases confidence out dec;-eases judgement; Reduces inhibitions which can lead to aggressive behavior; can lead to emotional instabiiit'l and changes in personality; chronic use can cause mental depression. POTENTlA TlON: A danger when mixing alcohol and depressants. When combined their effects are multiplied. depressing the respiratory sysrem which can cause death. PHYSICAL EFFECTS; Alcohol is the most damaging chemical substance that is abused (except for inhalants) because it destroys the body's cells; it is physically addicting; it is a neurotoxin and destroys brain cells as well as other metabolically active organs in the body including heart. liver, stomach. intestines and repro- ductive organs. Depresses all physiological functions-heart rate. blood pressure, respiratory function, immune system and particularly the central nerJous system; can cause blackouts and delirium tremens (DTs) resulting in hallucinations and violent seizures. Inhibits coordination; causes drowsy, trance-like state; stumbling and staggering gait; slowed speech and body movements. . SUBSTANCE: Depressants (Barbiturates and Tranquilizers) DESCRIPTlON: Assorted capsules and tablets. SOURCE: Produced by pharmaceutical companies and prescribed for specific medical conditions; also available through illegal labs. METHOD OF USE; Taken orally in pill form. can be injected or inhaled NAMES: (Barbiturates/Sedatives) Red Devils. Yellows. Yellowjackets, Yellow Barbs. Goofers. Idiot Pills. Softballs, Downers. Stumblers. Barbs. Blue Devils. Nembutal. Seconal, Amytal. Tuinal. Dalmane. Haldan; (Tranquilizers) Valium. Ubrium. Xanax. Equinil, Ativan . EFFECTS ON USER: Displays the same behavior as someone under the influence of alcohol but more intensified. slowed heartbeat and pulse rate. WORK RELATED PROBLEMS: Excessive absences, depression, poor production. violates company regulations, displays intoxicated behavior. DRUGS FOUND ON THE WORKSITE, BUT NOT COMMONLY USED SUBSTANCE: Inhalants DESCRIPTION: A variety of psychoactive substances which are inhaled as gases or volatile liquids. SOURCE: Commercially available aerosol sprays and solvents, as well as specially prepared doses in small containers. ,'vIE/HOD OF USE: Vapors inhaled. NAMES: Nitrous Oxide-Laughing gas. Buzz borne; .:'myf-Nitrite-Poppers, Snappers; 8utyl-Nitrite-Rush, 30it. Locker room, Bullet. Climax; Chlorct1ydrocarcons (aerosol sprays) such as paint: cans. cleaning fluid; Hydrocarbons (solvents) such as cans af aerosol .::rcpellants. gasoline. glue, paint thinner =FFECTS ON THE USER: Immediate effects of irma/ants may include nausea. sneezing, coughing, nose ::leees, laci< of coordination and loss of appetite. SUBSTANCE: Hallucinogens DESCRIPTION: A group of psychoactive substances that can produce very dramatic behavioral altemations. This group includes Lysergic Acid Diethylamide (LSD), PCP (Angel Oust), Psilocybin and Peyote (Mescaline.) SOURCE: Produced and distributed illegally. METHOD OF USE: Taken orally as tablets or pills, injected, smoked, eaten, chewed, put in eyes. NAMES AND TYPES: LSD-Acid. White lightning, Slue Heaven, Sugar Cubes; PCP-Angel Oust, Loveboat, Hog, Killer weed; Mescaline & Peyote--t'vtesc. Buttons, Cac=us; Psilocybin-Magic mushrooms. . EFFECTS ON USER: PCP produces dramatic, multiple behavioral altemations. Tne drug blocks pain receptors which can result in self-inrlicted injuries. There is a space-time estrangement and body movements are slowed. Senses are duiled and speech may be incoherent. Decreases heart and respiratory rates and impairs judgement. Long-term use may result in hepatitis or :::rain damage. LSD. mescaline and psilocybin cause ii1usions and hallucinations. Physical effec+.s may include dizziness. weakness, tremors, nausea and drowsiness. SUBSTANCE: Designer Drugs DESCRIPTION: Synthetic versions of controlled substances which mayor may not be illegal themselves. '"egal drugs are defined in terms of their chemical formulas. In order to get around these legal restrictions, underground labs modify the molecular Structure of certain illegal drugs to produce analogs known as designer drugs. Tnese drugs can be hundreds of times stronger than the drugs they are designed to imitate. SOURCE: Produced illegally in underground labs. . METHOD OF USE: Inhaled through the nose, injected, taken Orally, smoked. NAMES: Analogs of narcotics- China White, synthetic heroin; Analogs of amphetamines and methamphetamines-Ecstasy (MDMA), Adam, Essence, STP. EFFECTS ON USER: Can be 50 to 1000 times more powerful than their natural counterparts, making overdoses and addiction likely. Hallucinogenic and euphoric. Narcotic analogs can produce symptoms such as those seen in Parkinson's disease--uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage. Analogs of amphetamines can cause nausea, blurred vision, and faintness. PSYChological effects include anxiety, paranoia and depression. Tnese drugs are potentially deadly. . . HELPFUL INFORMATION YOU SHOULD HAVE; BEHAVIORAL EARLY WARNING SIGNS OF SUBSTANCE ABUSE PHYSICAL AND PSYCHOLOGICAL SYMPTOMS Identification of a behavioral pattern including the following signs should trigger increased awareness on the part of cowort<ers that there may be a substance abuse problem. Moodiness Slurred speech Depression Trouble sitting still Detached attitude Personal grooming deterioration Nervousness Frequent illness Euphoria/Increased energy Increased physical injuries Inconsistent actions Bruises Talkativeness Impaired short-term memory Large moed swings Impaired logical thinking Sleepiness Peor muscle control Unsteady gait Bloodshot eyes Tremors Dull eyes Constant runny nose Dilated pupils TABLE 33-11 STAGES OF ACUTE ALCOHOLIC INFLUENCE! INTOXICATION IN NONTOLERAi'lT INDIVIDUALS BLOOD ALCOHOL CONCENTRA TION (%WM STAGE OF ALCOHOL INFLUENCE CLINICAL SIGNISYMPTOM 0.0 I . 0.05 Sobriety No apparent influence Behavior nearly nonnal by ordinary observation Sight changes detectable by special tests 0.03 - 0.12 Euphoria Mid euphoria. sociability, talkativeness Increased self-confidence; decreased inhibitions Diminution of attention. judgment., and control Loss of efficiency in rmer perfonnance tests . 0.09 - 0.25 Excitement Emotional instability; decreased inhibitions Loss of critical judgment Impainnent of memory and comprehension Decreased sensory response; increased reaction rime Some muscular incoordination 0.18 - 0.30 Confusion Disorientation. mental confusion; dizziness Exaggerated emotional states (fear,anger,grief.etc.) Disturbance of sensation (diplopia.etc.) and of perception of color, fonn, motion,dimensions Decreased pain sense Impaired balance;muscular incoordination; staggering gait., slurred speech 0.27 - 0.40 Stupor Apathy; general inertia. approaching paralysis Markedly decreased response to stimuli Marked muscular incoordination; inability to stand or walk Vomiting;incontinence of urine and feces Impaired consciousness; sleep or stupor . 0.35 . 0.50 Coma Complete unconsciousness; coma; anesthesia Depressed or abolished reflexes Subnonnal temperature Incontinence of urine and feces Embarrassment of circulation and respiration Possible death 0.45+ Death Death from respiratory paralysis Adapted from Dubowski K..\1: Alcohol determination in the clinical laboratory. Am J Clio PathoI1980;74:749. . . . . DRUG AND ALCOHOL EXECUTJ:VE TESTJ:NG SUMMARY POLJ:CY This executive summary is intended as a brief overview only. Please read the entire City of Shorewood Drug and Alcohol Testing Policy and Procedures for Commercial Motor Vehicle Drivers for complete information. (References to Policy noted following explanation) Who is requiring this program? The U.S. Department of Transportation has adopted the Federal Regulations Code 49, Part 382 and Part 390.5, to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. (Section I) Who has to undergo testing? All City employees required to have a Commercial Motor Vehicle License, known as Commercial Motor Vehicle Drivers, hereinafter referred to as "CMVDs". (Section II) Why is Shorewood implementing this policy? Shorewood's goal is to establish a drug and alcohol testing policy to help prevent acc-idents and injuries resulting from the use of controlled substances and alcohol by CMVDs in compliance with the state and federal regulations applicable to commercial motor vehicles and CMVDs. Each year, 50% of the CMVDs employed by Shorewood will undergo testing for controlled substances based on random selection, 25% of the CMVDs will be tested for alcohol. (Section III) What is used for consent? A CMVD applicant must provide written authorization to the City of Shorewood to contact former employers to release any information related to previous results of Drug and Alcohol Testing, including but not limited to Confirmatory Tests, EBT testing or Initial Tests. In addition, all CMVDs asked to undergo Drug and Alcohol Testing will receive a consent form to complete. The consent form will state that the CMVD has examined Shorewood's Drug and Alcohol Testing Policy and Procedures, and will request that the CMVD list all prescription and/or over-the-counter medications which he or she has recently taken, and any other information which may be relevant or will explain a positive Test Result. (Section IV) ,&4. 2. 1 What restrictions are placed on a CMVD because of this policy? CMVDs are not allowed to report for duty or remain on duty if they: · have an alcohol concentration of 0.02 or higher; or, · possess alcohol without authorization; or, · use alcohol or controlled substances on duty; or · have used alcohol within the last four hours prior to reporting for duty; or · use alcohol within eight hours following an accident involving a CMV · refuse to submit to a test; or · use any controlled substance, except when pursuant to the instructions of a physician; or, · test positive for controlled substances. (Section V) . How does this Policy oversee prescription drug usage? It is the responsibility of a CMVD to inquire from their physician as to the effects of a prescription drug and their ability to perform as a commercial driver. If the prescribing doctor determines that the prescription drug will impair the driver's ability, written verification must be submitted to their supervisor and the CMVD may be assigned to duties which are appropriate. See C.F.R. 49 382.213(a). (Section V) What will you be testing for? When drug or alcohol testing occurs, the testing will only test for the presence of drugs, or alcohol, and their metabolites. Other medical conditions will not be tested. . When you have been selected for controlled substance testing you will be instructed where to report for a urine specimen collection. Collection sites must follow prescribed guidelines set forth in 49 C.F.R., Part 40. Your specimen will be in two containers (split specimen). It will then be sent to a certified laboratory for drug analysis. A portion of half of the specimen will be tested (initial test). If the initial test is positive, the laboratory will use another portion of the specimen for another analysis (confirmatory test). Test results are then turned over to a Medical Review Officer (MRO) who will notify the City Administrator of a positive or negative result. 2 There are five controlled substances the laboratory will test for by way of a urine specimen: 1) marijuana; 2) cocaine; 3) opiates; 4) amphetamines; and 5) phencyclidine (PCP) These prohibited substances are described in State Regulations adopted on August 1, 1994, and attached hereto. Alcohol, in any form, can result in a reading on the EBT (Evidential Breath Testing Device). If tested, a CMVD must have a reading below 0.02. (Section VI) What if a CMVD does not want to participate? . If an applicant refuses to undergo testing for drugs or alcohol, the applicant's conditional job offer will be withdrawn. o If an employee refuses testing, they will not be permitted to report to duty or remain on duty. In addition, a CMVD may be disciplined for such refusal up to and including immediate discharge. (Section VI) What if a driver refuses to take a controlled substance test? Refusal to take a test is considered the same as a positive test result. If this refusal follows a fatal accident the driver is disqualified from driving a commercial motor vehicle for one year (by State law). (Section VI) . What types controlled of testing are part substances? of this policy for 1. Pre-employment: All individuals that the City intends to hire as CMVDs, either permanent or on a temporary basis. 2. Random Testina: The number of tests conducted annually must equal or exceed 50% of the average number of CMVDs within the Public Works Department. 3. Reasonable Suspicion Testina: The City shall require a driver to be tested upon reasonable suspicion. This means that the actions, appearance, or conduct of a driver indicate use of a controlled substance or alcohol. The conduct must be witnessed by two supervisors or City Officials, if feasible. The witnesses must have received training in the identification of actions, appearance, and conduct which indicate use of a controlled substance. Documentation of the driver's conduct 3 must be prepared and signed by the witnesses within 24 hours of the observation or before test results have been received, whichever is earlier. 4. Post Accident: A driver must provide a urine sample for testing within 2 hours after being involved in an accident in which the driver received a citation for a moving violation arising from the accident if: 1) a fatality occurSi 2) an injured individual requires medical treatment away from the scene; and 3) vehicles involved in the accident are required to be towed from the scene. 5. Return-to-dutv Testina: A CMVD must undergo a return-to- duty test with a result indicating a verified negative result for controlled substances prior to returning to duty. 6. Follow-un Testina: If a CMVD is in need of assistance, such as counseling or rehabilitation as determined by a substance abuse professional, said CMVD will be subject to unannounced follow-up testing as directed by the substance abuse professional. This shall include a minimum of six random tests within the first twelve months following the driver's return to duty. These tests shall only be done just before, during, or immediately following on duty time. (Section VI) What types policy for of testing alcohol? are part of this 1. Pre-emnlovrnent: All individuals that the City intends to hire as CMVDs, either permanent or temporary basis. 2. Random Testina: The number of tests conducted annually must equal or exceed 25% of the average number of CMVDs within the Public Works Department. 3. Reasonable Susnicion Testina: The City shall require a driver to be tested upon reasonable suspicion. This means that the actions, appearance, or conduct of a driver indicate use of alcohol. The conduct must be witnessed by two supervisors or City Officials, if feasible. The witnesses must have received training in the identification of actions, appearance, and conduct which indicates use of alcohol. Documentation of the driver's conduct must be prepared and signed by the witnesses within 24 hours of the observation. 4. Post Accident Testina: A driver must be tested within 2 hours after being involved in an accident in which the driver received a citation for a moving violation arising from the accident if: 1) a fatality occurSi 2) an injured individual requires medical treatment away from the scene; and 3) vehicles involved in the accident are required to be towed from the scene. 4 . . " . . . 5. Return-to-dutv Testina: A CMVD must undergo a return-to- duty test with a result indicating an alcohol concentration of less than 0.02 prior to returning to duty. 6. Follow-UD Testina: If a CMVD is in need of assistance, such as counseling or rehabilitation as determined by a substance abuse professional, said CMVD will be subject to unannounced follow-up testing as directed by the substance abuse professional. This shall include a minimum of six random tests within the first twelve months following the driver's return to duty. These tests shall only be done just before, during, or immediately following on duty time. (Section VI) Who will receive test results? Only the MRO will receive the test results. The City Designated Contact Person (City Administrator) and your supervisor will only be told if the test is positive or negative and for what substance. The MRO will be sole custodian of any other information. The MRO may not release any other information without written approval of the individual tested. The City will notify an applicant of the results of a pre- emploYment drug and alcohol test. What happens if the test is positive? A) If the result is positive for a drug test, or over 0.02 for an alcohol test, the Designated Contact Person will notify the employee. A copy of the test results may be obtained if requested in writing. A second test will be done on the split urine specimen given for a drug test. An employee may also request a retest, at their own expense, after the second test is positive. A CMVD will be permitted to return to duty after a verified negative test result has been achieved, or a breath alcohol level of less than 0.02 has been established. A job applicant who tests positive will have his/her conditional offer of emploYment withdrawn immediately. B) During this time period the CMVD will seek approval by their supervisor to use vacation or sick leave. If neither is available, then leave without pay may be requested. (Section VI) 5 . .. What are the consequences of a positive test? The consequences of a positive drug or alcohol test may include: · Conditional job offer withdrawn · Return to duty test will be necessary before returning to work · Discipline, up to and including termination. Disciplinary actions are appealable pursuant to the procedures established in the Employer's personnel policy and rules or collective bargaining agreement. (Section VI) Who will pay for these tests? Test Initial Confirmatory Retest (upon CMVD's Return to Duty Financiallv Resoonsible City City Employee . request) Follow-up City pays for first test, Employee pays for each additional City What does the testing cost? Controlled Substance Testina Collection .............................. $20.00 Analysis ............................... 23.00 MRO Service . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 $46.00 Alcohol Testina ............ ........ .... . not determined yet . (Prices are subject to change.) 6 MEMORANDUM TO: . FROM: DATE: RE: MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 Mayor and City Council Jim Hurm Jk,o/ fA Larry Brown (}y December 6, 1995 Preliminary Agreement with TSP/EOS for Architectural Services for the Senior Community Center In discussing the final contract for the Sr. Community Center, Mr. Ruehl of TSP/EOS Architects indicated that initiation of the concept design phase of the project in January of 1996 would push the advertisement and bidding phase of the project beyond the favorable spring bidding climate. Staff agrees with this assessment. If approved, this will provide a letter of agreement for architectural services for the "Concept Phase, the Schematic Design Phase, and the Design Development Phases" as indicated in the attachment. The total cost of this portion is $8,715.00 plus costs for printing (estimated at $50.00). . The final contractual agreement for the entire package is near completion, and is being fmalized by staff and the City Attorney's office. The final version will be presented to the City Council pending resolution of the cooperative agreement with the City of Shorewood and the other agencies involved. If the City Council is comfortable with proceeding with the preliminary design services, this will ultimately save costs on the project for all entities involved, as bidding for construction of the project will be more competitive in the spring. A Residential Community on Lake Minnetonka's South Shore IIEOS Architects and Engineers Otfic.:s in Rochester and Minneapolis, MN TSP/EoS 21 Water Street Excelsior, MN 55331 FAX (612) 474-3928 TEL (612) 474-329 I Member ofTSP Group: Rochester. MN Minneapolis. MN Denver. CO Gillette. WY Rapid City, SD Sheridan. WY Sioux Falls. SD Marshalltown. IA An Equal Opportunity, Affirmative Action Employer December 6, 1995 Mr. Larry Brown, City Engineer City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331-8927 Re: South Shore Senior Center Dear Mr. Brown: I am responding to your request for information regarding the costs for architectural services to take the project through the design development phase of design. This would take approximately one month, and put us in a position to move on into the construction documents (working drawings), a phase that would require approximately two months, and put us ready to bid by the middle of March. As we discussed, this timing would still allow us to take advantage of the tail end of the "good bidding climate" . . According to our fee outlined in the proposed agreement, costs for services would be $8,715.00, plus costs associated for blueprints and copies ($50.00 est.). If you have any questions regarding the above, please do not hesitate to call. Thank you very much. . ~~ J. Nicholas Ruehl AIA Principal ,. ~~ -..t j " \rd.i...,,!, ;u1C1 1'::I~in"Tr'" Exhibit" A" 5/3/95 South Shore Senior Community Center Scope of Professional Services .--~~------'-------- c--Concept~ 2. . 3. 4. 5. 6. 1. Meet with the Task force as necessary to establish roles and responsibilities of all parties involved in the project. and establish communication and decision guidelines. Conduct regular meetings with the Task Force ro develop understanding of the needs of the project. including space. budget. schedule. funding, politics. etc. Provide analyses of the Owner's needs and programming the requirements of the Project Review general site intormation as available. including survey. site utility, soils intormation. etc. Establish an overall concept for sitedeve!opment and building plan. Develop an overall schedule. budget. and method of delivery for the project. c: -=-Schematic Design Phase Servic~ ~ l. 2. 3. . 4. 5. Validate the programming requirements relative to the date of authorization to proceed. Review owner-supplied intormation. including survey. site utilities, soils. etc. Review the concept plans. schedule. budget and method of delivery for the project and and provide a preliminary evaluation of the project Review alternative approaches co design and construction of the project Prepare drawings and other documents illustrating the scale and relationship of Project components. based on mumally agreed upon program. schedule and budget 6.. Develop a preliminary estimate of Construction Cost based on current area. and other unit costs. 7. Review in detail with Task Force and obtain approval to proceed with Design Development Phase. ( ",--.Design DeveJopment Phase -'....., " , I -.------.-. 1. Prepare drawings and other documents to fix and describe the size and character of the Project as to architecrural. srructural. mechanical and electrical systems. and materials. 2. Refine the estimate of Construction Cost. OWNER This Agreement entered into as of the day and year first written above. ARCHITECT (Signature) Mayor Robert Bean (Printed name and title) ATTESTED (Signature) James Hurm, City Administrator ~{(M/)()OX{-- (S~) J. Nicholas Ruehl, AlA (Printed name and title) l'rltdu.;c:d ullder Ii~G"C .umoer ~'9SQO 11~9 ud .:aa be reprOduced witbout violalio. "lItil tlns/'t"S. .\IA OOCUME/<T 11141 OWNER.ARCHITCCT AGREEMENT. FOURTEENTH EDITION. AlA. COPYRIGHT 1981. THE .'MERICAN INSTITUTE OF AlICHITCCTS. 173S '1EW YORK :\ VEN t: s: :>J. W.. W ASH1NOTON. O.C~ ~OOO,. 5292. WARN (NO: Ullliccucd p"OlO~OPYllIg "'olalu U.S. cOPY"I'l law. ud is JubJcct to lelal ,rasecul.... Tlais JOCURJCIII was c:lc'"-ttoni':J.lly Electronic Document S~rvic<.: B I -l- i -: ,)~C ~ . . 'w II'. · -r',.,- 1 f , ~-, .L.. , J_ ' \n:hill..-I- .Hld t-:a::illl'\"" . . Exhibit" A" Coot. 5/3/95 Construction Documents Phnse 1. Prepare Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2. Assist the Owner in preparation of necessary bidding in.formation. bidding forms. Conditions of the Contract. and the form ot Agreement between the Owner and Contractor. 3. Refine the estimate of Construction Cost. 4. Assist the Owner in tiling documents required for the approval of any auu10rities having jurisdiction over the Project 5. Contact potential bidders to solicit interest. Bidding Phase Services 1. Write advertisement for bid for publication in newspaper. 2. Distribute bidding documents to builder's exchanges. agencies. and bidders. 3. Conduct pre-bid meeting with potential bidders. 4. Answer questions that arise during bid period. 5. Review material and system substirution requests from contractors. 6. Issue addenda regarding accepted substitutions. document clarifications, and questions raised at pre-bid. 7. Conduct Public bid opening and analyze results. 8. Qualify low bidder(s) and make contractor recommendation to Council. 9. Prepare Owner/Contractor agreement for final legal review. 10. Administer signing of agreement and obtain bond and insurance certiticates from contractor. Construction Phase Services 1. Conduct regular meetings with Task Force. 2. Conduct pre-construction meeting with contractOr & subcontractors 3. Conduct weekly construction progress meeting co monitor schedule. 4. Meet on site as necessary to discuss questions and issues. 5. Review and process contractor shop drawings and samples for conformance with drawings & specifications. 6. Interpret and decide on matters concerning performance of contractOr. 7. Monitor quality of work and reject non-conforming work. 8. Monitor and control project budget 9. Review and process changes to the work. 10. Review and process contractor's monthly application for payment. IIIIWE"., Iiii ,l.)~ \rl"1111......(... ;U1(j EH~ittlTr' -- Exhibit "A" Conto 5/3/95 1 L Review contractor's punchlist and add owner/architect items for completion. 12. Determine dare of substantial completion for owner occupancy and start of warrantee period. 13. Assist in project closeout by securing aJI record documents. warrancees, ~uipment manuals. etc. from the contractor. l4. Monitor contractor's performance as to training owner's staff in operation of building systems. 15. Issue final certificate for payment at end of project, l6. Conduct warrantee walk through at nine months after substantial completion. Option:1l Additional Services . 1. Providing interior design for the selection of furniture or furnishings, or the prol..-uremem thereof. 2. Providing additional sire representation. . ARTICLE 11 BASIS OF COMRENSA TION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT oc O. 00 Dollars ($ O. 00 ) shall be made upon execution oc this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES. as described in Article 2. and any other services included in Article 12 as part of Basic Services. Basic Compensation shall be computed as follows: (Inren basis of compensation. including stipulated sums. multiples or percentages. and identify phares 10 ",hich particular methods of r;ompensation apply. if necessary.) S 55,575.00 3,000.00 9,000.00 Concept Study Condutional Use Permit . S 43,575.00 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Pbase: 2', 178 . 75 Design Development Phase: 6 , 536 . 25 Construction Documents Phase: 19 , 608 . 75 Bidding or Negotiation Phase: 2, 178. 75 Construction Phase: 13 , 072 . 50 percent ( 5 %) percent ( 15 %) percent ( 45 %) percent ( 5 %) percent ( 30 %) Total Basic Compensation $43.575.00 one hundred percent(lOO%) . 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT. as described in Articles 3 and 12. other than (1) Additional Project Representation. as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services. but excluding services of consultants, compensation shall be computed as follows: (Inren basis of compensation. including rates and/or multiples of Direct Personnel Expense for Principals and employees. and identify Principals and classify employees. if required. Idenlify specific tervices /0 which particular methods of compensation apply. if necessary.) Principal ?rojecc Manager Sr. Engineer ?rojecc Archicecc S 95.00 i5.00 75.00 65.00 Engineer Drafting Clerical 65.00 48.00-55.00 42.00 AlA DOCUME:-IT a.., . \)WNER.ARCHITECT AGREEMEJIIT . FOURTEENTH EDITION. AlA . COPYRIGHT 1981 . THE AMERICAN Il'ISTmrrE OF ARCHITECTS. 1135 .'<EW YORK ..,I,"E:"'CE ,...../1.. WASHISGTON. D.C. :0006.S292. WAftNlNO:U.'icc..cd ,a.locopy.a, yil.i.lCS U.S. ~opyriSM laws J.... 110 StI.jccl to '-S., pr.a.uti... Tki. doc.mer.."" .:lcctfoa..::ally ilrUdU':C'" u.der 1''':0''': AUnll'cr 39S001 12:9 ud .,;u l'c reproduced ....tt,oUl violati.. ..otit :I/16/9S. Electronic Documenc Service 13 [.l [-l')x-:' ,'" ? 11.3.3 FOR ADOmONAL SER VICES OF CONSULTANTS. including additional structural. mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services. a multiple of ( 1. 1 ) times the amounts billed to the Architect for such services. r Identify !pecific type! of consultants in Article 12. ij required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES. as described in Paragraph to.2. and any other items included in Article 12 as Reimbursable Expenses. a multiple of ( 1. 1 ) times the expenses incurred by the Architect. the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS --7~ 1.1-.~ THE BASIC SERVICES covered by this Agreement have not been completed within . Pr(~f ~/months of the date hereof. through no fault of the Architect. extension of the Architect's services beyond th '---mne shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable ( 30 ) days from the date of the Architect's invoice. Amounts unpaid ( 45 ) days after the invoice date shall bear intcll::Jt lace oavrnent fee at the rate entered below. or in the absence thereof at the legal rate prevailing from time to time at the principal -place of business of the Architect. (Jnsert rate of inurest a~reed upon.) 1 1/2 % ru!ury laws and requirements under the rl!derai Truth in Lending Act. similar uate and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business. the location of the Project and ~lsewhere may aI/ect the validity oj this provision. Specific legal advice !hould be obtained with respect to deletions or modifications. an,d also regarding requirements sur.h as written disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with nonnal salary review practices of the Architect. ARTICLE 12 . OTHER CONDITIONS OR SERVICES (Insert descriptions of other services. identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) Scope of Services as outlined in attached Exhibit UAU South Shore Senior Community Center Dated 5/3/95 are defined as Basic Services. In addition 3.4.1 - Programming - under prior agreement and 3.4.3 Planning Studies - under prior agreement are further defined as Basic Services included under basic compensation. ?rOdu.;cd ".dcr l.i.:c..o .umber 19S00 I 119 ~.d o:a. be r.produced Wilboul violallGe "D(IJ S/26/9S. ..IA DOCUMENT B '4' ' OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA . COPYRICHT 1987 . THE AMERICAN INSTITlJTll OF ARCHITECTS. Ins :'lEW YORK "VENUe N. w.O WASHfNOTOH. D.C. ~0006-S292. WARNING: U..Iili:CDUd pIlOloeo,)'i_& vioblcs U.S. ,"opyriSill law. ud i. subject lo Jesal pro,cc:lllio.. ni. "'ocu.... ..... c'CClro.,,,,A.U,, Electronic DocutneQ[ St:rvice BI~I~!l)S7 i2 . . CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION REVISING THE WAGE AND SALARY RANGE CHART FOR 1996 FOR CITY EMPLOYEES WHEREAS, the City Council has established the current salary and wage range chart for City employees by its Resolution No. 95-10; and, WHEREAS, it is the intention of the City Council to, from time to time, revise such salary and wage range chart for City employees within the parameters of State Statutes. NOW, THEREFORE, BE IT RESOLVED that: 1. The City of Shorewood I s Salary and Wage Range Chart is hereby revised for the year 1996 as listed on Exhibit A, attached to and hereby made a part of this resolution. BE IT FURTHER RESOLVED that this resolution shall be effective January 1, 1996. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of December, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator :/t/l CITY OF SHOREWOOD PAY PLAN /PAY RANGES 1996 CURRENT RAI\GE POSmON STEP 2 3 4 5 Exec. Secty.lDeputy Clerk 5 29,772 31,633 33,493 35,354 37,215 Receptionist/Secretary 5 21,122 22,443 23,763 25,083 26,403 prr Clerical 1-2 18,716 19,886 21,056 22,226 23,395 Election Clerk 17,825 18.939 20,053 21,167 22,281 Finance Directorrrreas 5 41.735 44,343 46,952 49.560 52,168 Senior Accounting Clerk 3-4 25,570 27,169 28,767 30,365 31,963 Planning Director 5 40,091 42.597 45,102 47,608 50,114 Building Inspector 5 32.055 34,059 36.062 38,066 40,069 Planning Assistant 5 28,493 30,274 32.055 33,836 35,616 Light Equipment Operator 25,479 27,071 28,664 30,256 31,849 Public Wks Working Foreman 5 28,575 30,361 32,147 33,932 35,718 Public Works Director 5 41,005 43,568 46,130 48,693 51,256 City Engineer 2-3 45,320 48,153 50,985 53.818 56,650 Administrator/Clerk 5 47,499 50,467 53,436 56,405 59,373 Liquor Operations Manager 5 32,616 34,654 36,693 38,731 40,769 Liquor Assistant Manager 5 22,366 23,764 25,162 26,559 27,957 Liquor Clerk 13,643 14,496 15,348 16,201 17,054 . . NOTES: 1. Step 5 is the normal salary/wage cap (TOP). It is based on averages for similar positions in cities with similar populations, number of employees, location and job descriptions. 2. Normally, an employee would be hired at Step 1 - 80% of the TOP 3. After probation (6 months), an employee would go to Step 2 - 85% of the TOP. 4. After 1 year, an employee would go to Step 3. 90% of the TOP. 5. After 2 years, an employee would go to Step 4 - 95% of the TOP. 6. After 3 years, an employee would go to Step 5 - 100% of the TOP. This plan, like the proposed Union contract, would allow us to hire a person at Step 2 if the person is highly qualified and/or has significant experience and we need to offer a higher wage to attract them. It should also allow us to offer up to Step 4 after probation for the same reasons. Employees may move more slowly through the range if not meeting expectations, and the City should be able to exceed Step 5 for exceptional performance. , ,. CHECK APPROVAL LISTING FOR DECEMBER 11, 1995 COUNCIL MEETING CHECKS ISSUED SINCE NOVEMBER 29, 1995 . CHECK # TO WHOM ISSUED AJRR:SE 17354 FIRST STATE BANK FED/FICA TAX 17355 PEPA PER6. 1 7356 ICMA RETIREMENT TRUST 457 DEFERRED COMP 17357 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 17358 CHILDSUPPORTENFORCEMENT CHILD SUPPORT-C. DAVIS 1 7359 ANOKA COUNTY SUPPORT CHILD SUPPORT -C. SCHMID 17360 MN DEPARTMENT OF REVENUE STATE PAYROLL TAX 17361 KATHLEEN HEBERT SEC 125 REIMB/MILEAGE 1 7362 HENNEPIN COUNTY TREASURER OCTOBER PRISONER EXPENSE 17363 AT&T WIRELESS SERVICES AIRTIME 17364 BRADLEY NIELSEN SEC 125 REIMB 17365 JOSEPH PAZANDAK MILEAGE 1 7366 CITY OF TONKA BAY CIGARETTE L1C. TONKA BAY L1Q 17367 US WEST COMMUNICATIONs/ADVERTISING 17368 BELLBOY CORPORATION UQUOR 17369 GRIGGS, COOPER & COMPANY L1QUOR/WINE 1 7370 JOHNSON BRCS LIQUOR CO L1QUOR/WINE 1 7371 LAKE REGION VENDING MISC 1 7372 PAUSTIS & SONS WINE 1 7373 PHILLIPS WINE & SPIRITS L1QUOR/WINE 1 7374 QUALITY WINE & SPIRITS L1QUOR/WINE 17375 THE WINE COMPANY WINE 1 7376 WORLD CLASS WINES, INC WINE 1 7377 PEPA DECEMBER PERA LIFE INS 1 7378 MEDICA DECEMBER HEALTH INSURANCE 1 7379 MEDCENTERS HEALTH PLAN DECEMBER HEALTH INSURANCE 17380 GROUP HEALTH, INC DECEMBER HEALTH INSURANCE 1 7381 LEAGUE OF MN CITIES DECEMBER DENTAL INSURANCE 17382 MINNESOTA MUTUAL LIFE DECEMBER DISABIUTY 1 7383 COMMERCIAL LIFE INS CO. DECEMBER LIFE INSURANCE 17384 AFSCME COUNCIL 14 DECEMBER DELTA DENTAL 1 7385 MADISON/MARQUETTE DECEMBER RENT-L1Q I 17386 RESEARCH aulK SNOWMOBILE TASK FORCE SRVS 1 7387 CITY OF TONKA BAY DECEMBER RENT-TONKA BAY L1Q 17388 WINDJAMMER BAND APPREC. PARTY ENTERTAINMENT 1 7389 RYAN PROPERTIES DECEMBER RENT-UQ II 17390 SPSCOMPANIES FOUNTAIN - FREEMAN PARK 17391 TONY EIDEN COMPANY REFUND-OVERPAID UTILITIES 1 7392 WASTE MANAGEMENT SERVICES WASTE DISPOSAL 1 7393 BELLBOY CORPORATION UQUOR 1 7394 BELLBOY BAR SUPPLY SUPPLIES . Page 1 AMOUNT $7,221.55 2,292.51 864.98 797.00 98.50 139.44 1,233.40 211.81 884.00 42.10 100.00 83.04 50.00 442.65 3,690.96 3,123.51 1,502.94 204.24 73.50 1,514.63 1,953.23 456.10 204.00 54.00 4,153.88 1,438.83 1,273.20 488.40o90.00 63.05 224.00 5,104.00 410.80 1,000.00 500.00 2,576.88 2,831.31 13.24 151.00 2,620.31 46.00 . . CHECK APPROVAL LISTING FOR DECEMBER 11, 1995 COUNCIL MEETING CHECKS ISSUED SINCE NOVEMBER 29, 1995 CHECK # TO WHOM ISSUED 17395 GRIGGS,COOPER&COMPANY 1 7396 LAKE REGION VENDING 1 7397 L1NDERHOLM TRUCKING 17398 PHILLIPS WINE & SPIRITS 1 7399 QUALITY WINE & SPIRITS 1 7400 THORPE DISTRIBUTING 17401 VAL-PAK PI.JRFCSE L1QUORIWINElMISC MISC FREIGHf L1QUORIWINE L1QUORIWINE BEERlMISC ADVERTISING TOTAL CHECKS ISSUED Page 2 AMOUNT 4,285.64 102.12 376.80 1,433.71 768.34 5,937.15 550.00 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR DEC. 11. 1995 COUNCIL MTG CHECK.j~ 'v'ENDOF;~ rJ,{)11E 11402 AT&T WIRELESS SERVICES 11403 ALL STEEL PRODUCTS CO. 17404 BIFFS, INC. DEscr~ I PT I 01"--), DEPT. P(;:lGEF;: SMITHTOWN WATERMAIN PJT WATER DE PORTABLE TOILET RENTAL PAFd<.S & 17405 BRYAN ROCK PRODUCTS. INC. l~MESTONE-CATHCART RIP F<:PiP-DF((;UNAGE *** TOTAL FOR BRYAN ROCK PRODUCTS, STF~EETS 2,< 565..01 PUB I/JKS 11406 CHAMPION AUTO STORE ~344 DIESEL PUMP PARTS PRO.JECTS 17407 CONTACT MOBILE COMMUNIC. RADIO IN DUMP TRUCK 17408 CROSSTOWN-OCS, INC. e1409 DAVE PEF;:KIHS COHTr-<:{~CTING 11410 DRISKIll'S SUPER VAlU 11411 ECKLUHO'S TREE & BRUSH 17412 EDEN PRAIRIE FORD 17413 E-l RECYCLING IHC. 17414 FINA FLEET FUELING (~r10UNT '? ,~ Eli3 3,145.21 61.26 2,494.21 70.80 19.76 2.1.5.00 COFFEE MUH SlDG 77.97 9~, It,j{~TEF~ PF<~O.JECT WATER DE 195.999.96 SNOWMOBILE TASK FORCE COUNCIL BRUSH DISPOSAL-FREEMAN EG:IUIP l1tlIf".~T_ PUB I;.)I-<.S HOVEMBER RECYClIHG F~ECYC:i._ I N FUEL C IT"t' Gf.~R PROF SER 17415 FRIEHOS SO. SHORE SR CTR OOHATIOH-AM. LEGION 17<:116 GI-~r1E TIME .417 HAi'.jCE Hf.~I~DI;J?;i~E., IHFANT SWING-CATHCART PK -------- (~l ~I '. ~2 (:..\ 162.,00 3~2 ,. 3~5 4,.:570.00 4. ~~~:? ,. S~~? 7,.000.00 104.. .1.9 INC. REPAIR CC TABLE MUN BLDG 10.41 PLASTIC SHEETING-LIQ I -------- 14.90 *** TOTAL FOR HANCE HARDWARE, INC. 25.31 17418 HART FORMS & SYSTEMS 1099 ,~ W-2 FORf1S FINANCE 17419 HENN CO GENERAL SERVICES BIF ADMIN COSTS CITY (;d~R 17421 K A ELECTRICAL SERVICES 17420 HOPKIHS PARTS COMPANY OIL FILTERS CATHCART - RE-WIRING 17422 KNOX LUMBER CO. 17423 LAMP SERVICE .1. 7 424 L (;~ F<~ f<' I f...j ,< HOFFr11-;r..j. D{~LY... :l<** TOT t\L REPAIR ROOF-BADGER/MANOR PARKS & lIGHTING RETROFIT l1UN BL.DG oCTom::F.' L.EGf.'iL OCTOE3Er.<~ I_EGf.'iL OCTOElEi~ LEG{~L FOR LARKIN. HOFFMAN, F)i~OF SEF~ 46.70 459,.64 18.92 2.990.00 .=1 f~ N :2 ~:~ 3 ~ .S'9f3 ~ ~)4. 5 !1837 .. 2() 287. or) 2.SI;5: ... 4.() [) (;~ L. I:) :~ 3 ~:~ ~2 ~ 1::'1 () ~:~ :, 4.5(~ ,.. ()() i"iUN SLDG 17425 LEAGUE OF MN CITIES INS T INSURANCE Page 3 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR DEC. 11. 1995 COUNCIL MTG C:HECK.t:!: VENDOR NAME DESCRIPTION DEPT. AMOUNT ...._-.__..w._.___.__._.._.__....~_._..__._.._.__ _.._".___.______".__._.__________ ____~__.__.___ _.___..____._.__ 17426 LONG LAK.E POWER EQUIPMENT SNOWBLOWER PARTS 17427 MIDWEST ASPHALT CORP. (~SPH(~L T 17428 MN POLLUTION CONTROL AGEN JOHNSON/RANDALL/NICCUM 17429 MN STATE TREASURER MPCA CERTIFICATION 17430 MINNEGASCO UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTII_ITIES UTILITIES UTILITIES UTILITIES *** TOTAL FOR MINNEGASCO . 17431 WM. MUELLER & SONS, INC. CATHCART SKATING 17432 NAVARRE TRUE VALUE ICE riELT REPAIR BADGER ROOF GRm1riETS *** TOTAL FOR NAVARRE TRUE VALUE 17433 NORTHERN STATES POWER STREET LIGHT H.J.G 17434 ORR,SCHELEN,MAYERON/ASSOC SEPT./OCT Ei'J.GINEEi~Ii"J.C, SEPT/OCT ENGINEERING SEPT/OCT ENGINEERING SEPT/OCT ENGINEERING SEPT/OCT ENGINEERING FOR ORR.SCHELEN,MAYERON/ . *** TOTAL 1742:.5 ROYf~L TIRE REPAIR TH<E 17436 SHORT ELLIOTT HENDRICKSON EXPERT TESTIMONY-JOHNSON PROF SER '7 ~::13 ~ 9() PUB I/.JKS 25,c'St.1. STF~EETS .561.90 SEINER DE :::::00,. 00 SEINER DE 32 ~, ()() WATER DE 121.01 WATER DE 123.67 -------- 73.62 WATER DE 82.91 CITY GAR 323.69 PARKS & 34.24 MUN BLDG 118.79 ---..----- 33"36 -------- 67.47 <)78.76 F} A F~~ ~<. s 15( 249.86 MUN BLDG 18.30 6.46 PA~~}<'S l~ CITY GAR 1.15 :2:::".91 TRAF cm-J. 2 ~ 28~~ ~ 72 -~ ... .... .... .- -,. ... --- .1 ~~ .1 ~? () -. ,. :2 e., -------- 13,468w29 PROF SER 4.935.94 -------- 621.00 PROF SER 115.31 20 . 3~50 . 80 PUB INKS f.19<48.5 17437 SO LK MTKA PUB SAFETY DEP OCT BOOKING FEE POLICE P 138.40 RADAR REPAIR POLICE P 339.00 *** TOTAL FOR SO LK MTKA PUB SAFET 477.40 17438 SUBURBAN TIRE CO~, INCM 2 t~EAI~ T I RES 17439 TIME SAVER OFF SITE SEC riIHUTES 17440 TOTAL PRIHTIHG SERVICES SLDG PEmlI TS 17441 UNITOG REHTAL SERVICES UN I F;:-Or-~~r"iS 1744:2 1/~(.iTEr-~~FJF<~O FJIPE EXTENSIOr'.J.S . Page 4 PUB INKS ~::.7 ,. 15. GEN GOVT 174.25 PROT INS cS ~3 .. t.\~. CITY G{~F<~ 4()() .50 STFn::ETS 186.1(, CITY OF SHORE WOOD CHECf<. (lPPh~OV('lL L I ~)T FOh~ DEC. 11. 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT I/.!('l T E r.~~ fiE T E:Fi:3 *** TOTAL FOR WATERPRO WATE:R DE 1,864.00 :2 , 05() " 16 17443 WITT FINANCIAL f'1I8C SERVIC::::~) ::: I f'!' Pd"J, C E 4:2.47 17444 ZAHL EQUIPME:NT PUMP RE~)AIR PAR'TS PUB \iJKS 5() ~ .5;:::. 17445 MN SUN PUBLICATIONS RINK ATTE:NDANT AD GEN U()'o,/T L.13 .. 30 *** TOTAL CHECKS FOR APPROVAL ~2 t,l _~::l , 3 Z, 1 .. <~- ;~~ *** TOTAL CHECK APPROVAL LIST 329,008.23 . . Page 5 ..4 C H E C K R c ;-, ! ~ - : R ~ u , G:i€CK CHECK EMPLOYEE NAME CHECK CHECX iYPE DATE ilUMBER NUMBER AMOll~T COM 11 28 9S 110 CONNIE D. BAS TYR 100 ~l SOB.06 GOM 11 28 95 115 LAWRENCE A. dROWN 10012 1201. 99 :OM 11 28 95 120 ROBERT B. BEAN 10013 230.37 I:OM 11 28 'j5 !~~ BRUCE E. BENSON 210014 134.70 ..." COM 11 28 q5 345 PATRICK C. CRETAN 210015 114.55 COM 11 28 95 375 JODI A. DALLMAN 210016 33.25 COM 11 28 95 500 CHARLES S. DAVIS 21 00 17 615.38 COM 11 28 95 775 JAMES C. EAKINS 210013 654.63 COM 11 28 95 1001 JOHN 1'1. FRUTH 210019 54.14 ,:OM 11 28 95 1105 KERI ANNE GRAF 210020 130.22 ':OM 11 28 95 1160 STEPHANIE A. HAB€R 21 0021 156.28 ,:011 11 28 95 1190 KATHLEEN A. HEBErt: 210022 609.74 COM 11 28 95 1400 PATRICIA R. HELGESEM 210023 642.72 COM 11 28 95 1415 SHANN D. HEMPEL 210024 184.47 COM 11 28 95 1550 JAMES C. HURI'I 210025 1619.93 COM 11 28 95 1601 BRIAN D. JAKEL 210026 77 .13 COM 11 28 95 1700 JEFFREY A. JENSEN 210027 763. '~O . COM 11 28 95 1800 DENNIS D. JOHNSON 210028 797 .18 GGM 11 28 95 1940 LOREN A. JONES 211)029 125.72 C0M 11 28 95 1950 MARTIN L. JONES 210030 113.08 GUM II 28 95 2100 WILLIAM F. JOSE?HSOH 210031 632. 19 COM 11 28 95 2500 SUSAN M. LiHiERNER 2100.32 305.14 '!~QM 11 28 95 2800 JOSEPH P. LUGOWSK: ."'1' ....- 319.56 .:ll}'J,jj f:JM 11 28 95 2875 DOUGLAS J. MALAM 210034 184.70 ,:GM 11 23 95 2900 RUSSElL R. MARRON 21(iQ35 59.57 i~QM 11 23 95 2905 PAUL S. !'lARSO 210036 j4..t6 ~OM 11 28 95 2930 JEHNIFER T. i'lCCiiRiY 210037 182.05 '~GM 11 28 95 2955 CHRISTOPHER M. MCllEHl 210038 69.26 :OM 11 28 95 3000 THERESA L. HAAS 210039 687.93 COM 11 28 95 3100 LAWRENCE A. NICCUM 210040 394.79 GOM 11 28 95 3400 BRADLEY J. HT~; ~:'; 210041 336.53 .....I....~:'f COM II 28 95 3500 JOSEPH E. PAlANDA~ 2100<12 1026.44 ':01'1 11 28 95 3600 DANIEL J. RANDALL 210043 35a.62 . COM 11 28 95 3615 TAMARA LYNN REED 210044 68.42 CO/1 11 28 95 3660 JEANNETTE ~. RIESSEL~AN 210045 108.05 i;QM 11 28 95 3701 BRIAN M. ROERICK 210046 130.58 COM 11 28 95 3800 ALAN J. ROLEK 210047 1113.81 COM 11 28 95 3900 CHRISTOPHER r: SCHMID 210048 411. 33 :aM 11 28 95 3910 R CONRAD SCHMID 210049 44.32 COM 11 28 95 4500 KRISTI STOVER 210050 184.70 GOM 11 28 95 4575 REBECCA A. TARVIN 210051 248.28 COM 11 28 95 4600 BEVERLY J. VON FEL~T 210052 605.95 GOM 11 28 95 4750 RALPH A. WEHlE 210053 684.86 COM 11 28 95 4900 DEAN H. YOUNG 210054 656.34 :OM 11 28 95 5000 DONALD E. lDRAlIL 210055 1231.35 UUTOTALSUU 20738.17 Page 6 ~