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031093 CC Reg AgP . .. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING WEDNESDAY, MARCH 10, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Benson stover Daugherty Lewis Mayor Brancel C. Review Agenda PRESENTATION OF AWARD TO RESIDENT COMMISSIONER DEAN JOHNSON - LAKE MINNETONKA.CABLE COMMISSION AND CITY OF SHOREWOOD 2. APPROVAL OF MINUTES A. Regular City Council Meeting - February 22, 1993 . (Att.No.2A-Minutes) 3. CONSENT AGENDA - Motion to Aoorove Items on Consent Aqenda and Adoot Resolutions Therein A. A Motion to Adopt a Resolution Approving Preliminary Plat Deer Ridge (J. Scotty Builders) (Att.No.3A-Proposed Resolution B. A Motion to Adopt a Resolution Approving Lot width and Setback Variances - Lance DeTrude, 26620 West 62nd Street (Att.No.3B-Proposed Resolution) C. A Motion Amending Final Pay Voucher No.8 for Old Market Road City Project 91-4 (Att.No.3C-Engineer's Letter and Amended Pay Voucher) 4. . PARK A. Park commission Report B. Consider Agreement for park Management Service 5 . PLANNING Report on Planning Commission meeting - February 16, 1993 6. IDENTIFY AND DISCUSS ISSUES IN RELATION TO RENTAL HOUSING CODE (Att.No. 6-Rental Housing Code) 7. FINAL REPORT ON PUBLIC WORKS FACILITY - Nick Reuhl, EOS Architecture A. Consider a Motion to Approve a Resolution Accepting the Final Change Order, Pay Request and Final Acceptance of the Construction of the Public Works Building - Rochon Corporation (Att No.7-EOS Memo, Change Order, Pay Request and Proposed Resolution) . . CITY COUNCIL AGENDA - WEDNESDAY, MARCH 10, 1993 PAGE TWO 8. APPEAL LOCAL SANITARY SEWER ACCESS CHARGE CLSSAC) ORDINANCE Appellant: Location: Douglas and Bonita Shoutz 6130 Cathcart Drive Att.No.8-Planner's Memo and Resident Letter and Proposed Ordinance) 9. ** CONSIDER A RESOLUTION SETTING POLICY REGARDING STORM WATER MANAGEMENT FEES FOR SMALL PARCELS (Att.No.9-Administrator's Memo and Proposed Resolution) 10. LMCD REPRESENTATIVE BOB RASCOP - APPLICATION FROM BOULDER BRIDGE FARMS REGARDING DOCK LICENSE 11. MATTERS FROM THE FLOOR 12. STAFF REPORTS A. City Attorney B. City Engineer C. City Planner D. Finance Director E. City Administrator ** 1. Review First Draft of a Policy on Special Assessments for Street Reconstruction Projects (Att.No.12E-1-Attachments) 13. COUNCIL REPORTS A. Mayor Brancel B. Councilmembers 14. ADJOURN TO CONTINUATION OF WORK SESSION SUBJECT TO THE APPROVAL OF CLAIMS (Attachment) JCH.al 3/04/93 ** indicates tax increase or fee implications PLEASE NOTE, THAT AT THE REQUEST OF THE MAYOR, BEGINNING WITH THIS AGENDA ANY ITEM WHICH HAS POTENTIAL TAX OR FEE IMPLICATIONS WILL BE IDENTIFIED WITH TWO ASTERISKS (**) NEAR ITS NUMBER ON THE AGENDA. NOTE ITEMS 9 and 12E1. EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING MONDAY, MARCH 10, 1993 AGEND/I 6:00 pm - REFERENDUM CANVASS ... A resolution will be prepared for Council consideration. All this is doing is certifying the results of the election. Paper ballots are being used. Upon adjournment of the canvass we will break out into a work session format. A separate memo and material is enclosed in the packet for you to review before the work session. Assuming there will not be enough time to complete the work session before the 7:00 pm City Council meeting the Council can reconvene the work session following the adjournment of the regular council meeting. '. f , I .1 ..' 7:00 pm - REGULAR CITY COUNCIL MEETING AGENDA ITEM 3A ~ The Council has directed the staff to prepare this resolution and findings of fact regarding the preliminary plat for Deer Ridge development, just north of the Shorewood/Chanhassen border off Koehnen Circle. A special agreement with the city of Chanhassen for services will be required. AGENDA ITEM 3B - Council has directed staff to prepare this resolution and findings of fact for lot width and setback variances for Lance DeTrude at 26620 West 62nd Street. This resolution prearranges how his property can be subdivided into three lots with minimal problems. A 4/5 vote of the Council is required. AGENDA ITEM 3C - This action would be a motion to amend the final pay voucher #8 for Old Market Road City project. This had been finalized in January. An enclosed memorandum explains in detail that it has been determined that an under-estimation was made and that final payment for the concrete median was based on 1687 square yards rather than the appropriate 2020 square yards. This increases the final paYment from $77,260.73 to $83,920.73. AGENDA ITEM 4 - By the time of the meeting the Council will know the results of the Park Referendum. The Park Commission is meeting the night before the Council meeting to discuss ways to manage the Park Capital Improvement program if the referendum passes and if the Council wishes to proceed. This item is on the agenda for discussion only. -over- AGENDA ITEM 6 - Review the status of the rental housing code was placed on the Council's first February meeting agenda. The memorandum dated February 3 on this issue is again placed in this Council packet. The Council wished to discuss these issues at a meeting when the full Council was present. Please review the memorandum and be prepared to discuss and to give direction to staff. AGENDA ITEM 7 - Nick Reuhl, EOS Architecture, will be present to give the final report on the Public Works facility. Enclosed in the packet is a letter from Mr. Reuhl summarizing the activity and finalizing the contract and final pay request with Rochon Corp. A resolution accepting the construction of the Public Works" building is also enclosed. Mr. Reuhl will report on corrections to the exhaust system and answer any questions the Council may have. Don Zdrazil will also be present for the discussion. AGENDA ITEM 8 - Douglas and Bonita Shoutz, 6130 Cathcart Drive, are requesting a refund of $1,000 LSSAC charge. The subject property had been charged for two sewer units in the early 1970's. A brief memorandum explaining the circumstances is enclosed in the packet. Attached to that memorandum is a draft ordinance addressing such situations for the Council to discuss. . AGENDA ITEM 9 - with this item staff is asking Council to establish policy as to whether or not very small parcels of land which do not already receive a utility bill should receive a storm water management utility charge if the charge is less than $2.00 per quarter. A proposed resolution is enclosed. AGENDA ITEM 10 - LMCD Representative Bob Rascop wants the City Council to be aware of a Boulder Bridge Farms dock license issue. They have ten docks on Lake Minnetonka and another thirty docks in a lagoon off the lake. They are requesting that about six of the lagoon docks be allowed to be moved to the lake. . AGENDA ITEM 11 - MATTERS FROM THE FLOOR There is a possibility that Eric Sims who is building a home at 5555 Sylvan Lane will attend the Council meeting. He feels the City should allow heavy trucks to deliver concrete and fill to his home on Wildrose and Sylvan Lane. Public Works Director Don Zdrazil has been very strict on the weight limits. Mr. Sims indicated his displeasure and indicated that he may attend the Council meeting. AGENDA ITEM 12E-l - Enclosed is a draft of a proposed policy regarding special assessments for street reconstruction projects. The staff and myself have spent a lot of time over the last four months preparing this draft in a form which we feel is consistent with the recommendations of the Street Reconstruction Financing Task Force. A draft has been sent to the members of the task force. Several adjustments have been made as a result. CITY COUNCIL MEETING EXECUTIVE SUMMARY - MARCH 10, 1993 continue Agenda Item 12E-1 There are a lot of substantive policy considerations in this document. The Council needs to determine in what manner they wish to evaluate and review it. I am sure you will find in talking with Councilmembers from many other cities, such policies can take many months if not several years to fully develop. I assume at this point it will take a number of meetings before the Council is comfortable with the final draft. As this meeting it is intended simply for the policy to be presented. We certainly can identify major policy questions for your consideration. . JCH.al . ~ CITY OF SHOREWOOD REGUlAR CITY COUNCIL MEETING MONDAY, FEBRUARY 22, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Braneel at 7:08 p.m. A PIEDGE OF ALLEGIANCE B. ROll CAlL Present: M-ayor Braneel; Councilmembers Benson, Daugherty and Lewis; Administrator Hllrm, Engineer Dresel, Acting Attorney Martin and Planner Nielsen. . Absent: Councilmember Stover. c. REVIEW AGENDA Daugherty moved, Lewis seconded to approve the agenda for February 22, 1993, with the postponement of Consent Agenda item B. to March 10, 1993, and Agenda item 6. changed to: Summary of Shoreland Management Regulations. Motion passed 4/0. 2. APPROVAL OF MINUIES . A. Regular City Council Meeting - February 8, 1993 Lewis moved, Benson seconded to approve the City Council Minutes of February 8, 1993. Motion passed 3/0. Daugherty abstained. 3. CONSENT AGENDA Mayor Braneel read the Consent Agenda for February 22, 1993. Lewis moved, Benson seconded to approve the Consent Agenda and to adopt the Resolutions and Motion therein: A RESOLUTION NO. 24-93 "A Resolution Appointing Susannah Dodson, 19265 Shady Hills Road, to West Hennepin Human Services Planning Board." C. RESOLUTION NO. 25-93 "A Resolution Proclaiming March 1993 as Chronic Fatigue Syndrome Awareness Month." 1 .... REGULAR CITY COUNCIL MINUTES February 22, 1993 - PAGE 2 D. Motion to Approve the Annual Half-Marathon Easy Race to go Through the City - May 2, 1993. E. RESOLUTION NO. 26-93 "A Resolution Approving a C.D.P. for Freeman Park Storage Building." Motion passed 4/0. 4. PARK A. Report on Park Commission Meeting of February 9 , 1993 Hurm reported that the South Shore Softball Association recently donated $3,000 to the City's Parks. . 5. PlANNING A. Report on Planning Commission meeting of February 16, 1993 Commissioner Malam stated that the February 16 meeting consisted of a Work Study session. He reviewed the Commission's actions on matters before the Council which were considered and discussed at its meeting on February 2, 1993. These include unanimous recommendations for approval for: Deer Ridge preliminary plat; lot width and setback variances for Lance DeTrude; and adoption of an Ordinance amendment to simplify enforcement and compliance of signs. Malam noted that with regard to the Deer Ridge preliminary plat, the Commission recommends. that the center island in the cul-de-sac be permitted with the approval of the fire marshall. Nielsen indicated that the fire marshall requires a 50 foot radius to meet minimum standards for safety/emergency equipment accessibility. . B. Consider a Motion to Direct Staff to Prepare Findings of Fact for Preliminary Plat - Deer Ridge - (J. Scotty Builders) Lewis asked for clarification of Public Works' recommendation for elimination of the center island in the Deer Ridge plat. Nielsen explained that the concern is related to difficulty in snow plowing around the center island. He also noted that landscaping must be provided on the island and maintained by the homeowners' association. Nielsen indicated that the developer could provide for the required 50 foot turn-around radius by re-design of the grading plan. Benson asked for clarification of the effect of run-off and drainage particularly as it relates to the northwest corner of the property. Dresel stated that the development will not solve any of the existing problems nor will it significantly create additional problems. Benson stated that based on his experience, he agreed with Public Works' position that a cul-de-sac with a center island will hamper expedient snow plowing of the street. 2 REGULAR CITY COUNCIL MINUTES February 22, 1993 - PAGE 3 Lewis moved, Benson seconded to direct the staff to prepare a findings of fact resolution for preliminary plat - Deer Ridge - J. Scotty Builders. Motion passed 4/0. C. Consider a Motion to Direct Staff to Prepare a Findings of Fact for Lot Width and Setback Variances - Lance DeTrude, 26620 West 62nd Street Nielsen reviewed the details of the lot width and setback variances requested by Mr. DeTrude and pointed out that the setback variance is part of a proposed settlement suggested by the City Attorney so that Mr. DeTrude's property will contain three buildable lots at the time of subdivision. Nielsen recommended that the western-most interior lot be given the width variance. . Lewis asked for clarification of DeTrude's actions related to the shed on the property which will become non-conforming at the time of subdivision. Nielsen stated that DeTrude may decide to remove the building. Benson moved, Daugherty seconded to direct the staff to prepare a findings of fact resolution for lot width and setback variances - Lance DeTrude, 26620 West 62nd Street. Motion passed 4/0. D. Consider an Ordinance Amending Chapter 1201 of the City Code Relating to Zoning Regulations (Signs) . Nielsen stated this Ordinance provides that political signs shall not be placed in front of any property without the consent of the property owner, shall not be located closer than 10 feet from the paved surface of any street, may be displayed 60 days prior to an election, and permanent signs may be located no closer than 5 feet to any lot liJ;le. He noted that the provisions of the amendment make the Ordinance enforceable with regard to placement of signs. Daugherty suggested that the Ordinance be made available to interested persons prior to the next election. Lewis moved, Benson seconded to adopt ORDINANCE NO. 270. Amending Chapter 1201 of the Shorewood City Code Relating to Zoning Regulations. Motion passed 4/0. 6. SUMMARY OF SHORELAND MANAGEMENT REGULATIONS Nielsen indicated that the Summary is a public notification that the City adopted shoreland regulations in November 1992. Publication of the Summary only will avoid costly publication of the 12-page regulations. The Summary discusses the shoreland regulations and states that copies of the full document are available at the Excelsior Library and at City 3 REGULAR CITY COUNCIL MINUTES February 22, 1993 - PAGE 4 Hall. Nielsen noted that Council approval of the Summary is required prior to its publication. Lewis suggested that a list of lakes to which the regulations apply be included in the publication Summary. Lewis moved, Daugherty seconded to approve for publication the Shoreland Management Regulations Snmmary, including a list of lakes to which the regulations apply. Motion passed 4/0. 7. MATIERS FROM THE FLOOR Mr. Dan Puzak, 23830 Smithtown Road, spoke to express concern regarding the Park . Commission meeting minutes which stated that there is a policy to ban snowmobiling in Shorewood. He reviewed the activities of the newly-organized snowmobile club to improve snowmobiling conditions. He inquired what the status of that policy is. In addition, he discussed a letter from a resident who supports banning snowmobiling in Shorewood and reviewed actions taken by the club with regard to the complaint. Lewis expressed concern regarding protection of the privacy of the resident during the presentation and requested removal of the visual map. Puzak stated his concern that decisions are being made regarding snowmobiling without accurate and complete information. He stated that snowmobilers will work with the City and residents to prevent trespassing and promote responsibility, and that snowmobiling adds to the variety of recreation available to residents. Bruzak commented on the snowmobile trail system. . Hurm clarified that the statement in the Park Commission meeting minutes vyas not intended to construe that a policy currently exists banning snowmobiling, but that in the future, the Council may need to consider such a policy. He pointed out that to date, no such recommendation has come before the Council. The minutes ~eferred to were "draft" and had not been reviewed or approved by the Park Commission yet. Daugherty reported he has received complaints regarding snowmobilers and suggested the club continue to mitigate problems in a non-threatening way. Lewis stated the club does an excellent job in its work with the South Lake Police Dep(lrtment and noted that some surrounding cities have banned snowmobiling. Mr. Mike Ellis, 6135 Cathcart Road, commented that just because other cities have banned snowmobiling, Shorewood does not have to go along with that. He commented on the availability of gas tax funds for maintenance of multi-use trails. Lewis stated that if the snowmobile club is successful in its efforts in Shorewood, citizen pressures will not arise and the Council will not need to consider a ban on snowmobiling. 4 REGULAR CITY COUNCIL MINUTES February 22, 1993 - PAGE 5 8. STAFF REPORTS A City Attorney - None. B. City Engineer Dresel reported on a public information meeting held regarding the Lake Linden Drive proposal. Although invitations were sent to 14 residents, only two residents and a concerned neighbor attended the meeting. Comments received concerned sidewalks following the trail system causing the possible removal of lilac bushes and the need for additional input from the other residents. Dresel will circulate a summary of the meeting to the other residents. He noted that assessments were not discussed at this meeting. . c. City Planner 1. Installation of Pedestrian Crossing Signs - Old Market Road Nielsen noted that the Old Market Road Task Force recommended safety improvements regarding pedestrian crossing signs. Installation of such a sign is suggested across from Silverwood Park to get people from the south side to Silverwood Park. It is recommended that the signs and stripe painting be done simultaneously. Lewis asked for clarification of the type of sign to be posted. Nielsen stated it will be a yellow diamond-shaped sign with the pedestrian symbol. Lewis asked if there is a plan to develop the access to Silver Creek and suggested that installation of the pedestrian sign be coordinated with development. . Daugherty expressed concern regarding the location of the sign and stated that installation of the sign be coordinated with sidewalk installation. The consensus of the Council was that installation of the pedestrian sign be deferred until such time that development of Silverwood Park is completed. 2. Hennepin County Ground Water Plan Report Nielsen briefly commented on an Executive Summary of the Hennepin County Ground Water Plan which is intended to protect the ground water supply in Hennepin County. Local governments are being asked to provide base information and implementation of the plan. From Shorewood's standpoint, Nielsen stated the plan is positive particularly because of the number of private wells. This issue will be further addressed in the Comp Plan. D. Finance Director - None. E. City Administrator 5 REGULAR CITY COUNCIL MINUTES February 22, 1993 - PAGE 6 1. Setting a Public Hearing 1993 (Year XIX) Urban Hennepin County CDBG Program The Councilmembers concurred with a recommendation that a public hearing be set for Monday, March 22, 1993, at 7:30 p.m. regarding the City's Community Development Block Grant Program. Hurm informed the Council that the City was not among those awarded funding from the F ederal Bikeway/Walkway Program. Hurm noted that the City received a notice of pay equity compliance from the Minnesota Department of Employee Relations. Hurm stated that the City will continue to apply for grants as opportunities arise. Dresel noted that new Federal funding for trails has recently become available. . 9. COUNCIL REPORTS A. Mayor Brancel - None. B. Councilmembers Daugherty thanked and commended the South Lake Police Department and Excelsior Fire Department for their professional and timely response to a potential fire at his home recently. 10. ADJOURNMENT SUBJECf TO APPROVAL OF CLAIMS Lewis moved, Benson seconded to adjourn the City Council Meeting at 8:10 p.rn. subject to . . the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMHTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATIEST: BARBARA J. BRANCEL, MAYOR JAMES C. HURM, CITY ADMINISTRATOR 6 RESOLUTION NO. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR DEER RIDGE WHEREAS, J. SCOTTY BUILDERS, INC. (Applicant) has an interest in certain land within the City of Shorewood and has applied to the Council for preliminary approval of a plat to be known as Deer Ridge; and . . WHEREAS, Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission dated 27 January 1993, which Memorandum is on fIle at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 2 February 1993, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. granted. That Applicant's request for preliminary plat approval of Deer Ridge is hereby . 2. That such approval is subject to recommendations a. - L, set forth in the Planner's Memorandum, dated 27 January 1993, being incorporated into a development agreement between the Applicant, the City of Shorewood and the City of Chanhassen as part of final plat approval. 3. That such approval is also subject to the recommendations 1. - 4., 6. and 7., set forth in the Planner's Memorandum, dated 27 January 1993, and the terms and conditions contained in the minutes of the Planning Commission meeting of 2 February 1993 on file at Shorewood- City Hall. - 4. That the landscaped center island in the cul-de-sac shown on the Applicant's plans is approved subject to the following: a. . The radius of the paved surface of the cul-de-sac be increased to 50 feet per the recommendations of the Fire Marshal and the City Engineer. b. The Applicant must provide a revised grading plan showing the enlarged cul- de-sac diameter and a detailed landscape plan for the center island. 3A . . c. That the center island will be maintained by a homeowner's association consisting of the owners of all five of the future lots. Legal documents establishing the homeowner's association shall be provided by the Applicant with his final plat. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of March, 1993. Barbara J. Brancel, Mayor ATIEST: Jamces C. Hurm, City Administrator/Clerk - 2 - RESOLUTION NO. A RESOLUTION APPROVING A LOT WIDTH VARIANCE AND A SETBACK VARIANCE FOR LANCE DETRUDE WHEREAS, Lance DeTrude (Owner) is the owner of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota legally described as: "Lots 2 3 4 and 5 Minnewashta". and , " , . WHEREAS, a recent condemnation of right-of-way by the City for the improvement of Church Road has reduced the width of the property such that the Owner can no longer subdivide his property into three lots which comply with the minimum lot width ~equirements of the Shorewood Zoning Ordinance; and WHEREAS, the Owner does not propose to subdivide the property at this time, but desires assurance from the City that he will be able to subdivide his property into three lots in the future; and WHEREAS, the City has agreed to consider a lot width variance and a setback variance to allow the property to be subdivided into three lots in the future; and WHEREAS, the variances were reviewed by the City Planner and his recommendations have been duly set forth in memoranda, dated 30 December 1992 and 27 January 1993, which memoranda are. on file at the Shorewood City Hall; and . WHEREAS, after legal notice and publication a public hearing was held to consider the variances by the Shorewood Planning Commission on 5 January 1993, the minutes of which .meeting are on file at the Shorewood City Hall; and WHEREAS, the variances, the memoranda of the City Planner and the recommendations of the Planning Commission were considered by the City Council at its regular meeting held on 22 February 1993. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property contains approximately 34,920 square feet of area and is located in an R-1D, Single-family Residential Zoning District, which requires minimum lot areas of 10,000 square feet and minimum lot widths of 75 feet. ~f:> 2. That prior to condemnation of 12.5 feet of right-of-way for the Church Road improvement project, the property was capable of being subdivided into three lots. 3. That subsequent to the r.o.w. condemnation a lot width variance of approximately three' feet will be necessary to subdivide the property into three lots. 4. That in order to maintain a reasonable buildable area for the future easterly lot, a setback variance of approximately eight feet will be required at the south end of the easterly lot. 5. That despite the need for the variances, three future lots can be created which comply with .the minimum area requirement of the R-1D district. . CONCLUSIONS 1. That the variances will not violate the intent and purpose of the City Comprehensive Plan and will not alter the essential character of the locality. 2. That the condemnation of right-of-way for the Church Road improvement project has resulted in an undue hardship for the Owner which prevents him from making reasonable use of his property. 3. That the request satisfies the criteria for granting variances under Section 1201.05 of Shorewood City Code and qualifies as undue hardship as defined by M.S. Section 462.357, Subd. 6(2). 4. That based upon the foregoing, the City Council hereby grants a lot width . variance and setback variance as set fort)1 above, subject to the following: a. That the property will be subdivided by the formal platting process prescribed by the Shorewood Subdivision Ordinance in effect at the time of subdivision. b. That the lot width variance be applied to the westernmost lot of the future subdivision. c. That lot lines for the future subdivision be made as close to 90 degrees to the West 62nd Street right-of-way as possible, taking site features into consideration. d. That except for the width and setback variances granted herein, the development of the property will comply with all rules and regulations of the City of Shorewood in effect at the time the property is subdivided. - 2 - . . 5. That a certified copy of the Resolution be recorded with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of March, 1993. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City AdministI'3:tor/Clerk - 3 - Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 OSMorr Schelen . . ly1ayer~>n & AsSociates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 Engineers Architects Planners Surveyors February 26, 1993 Re: Old Market Road Amendment to Final Pay Voucher No.8 City Project 91-4 OSM File 4705.01 . Dear Mayor and Council Members: At the January 11, 1993 meeting the Council approved, by Resolution, final acceptance and payment for the construction of Old Market Road. This resolution was subject to several items, one of which was evidence in the form of an affidavit by the Contractor that all claims (materials and subcontractors, etc.) were paid in full. This provision protects the City from additional claims after the Contractor has received final payment. In this case, the Contractor (Hardrives, Inc.) was unable to provide this affidavit due to a claim from one of the subcontractors that he had been underpaid. After much deliberation, it is apparent that an underestimation was made, and that final payment for item 44 (concrete median) be based on 2020 square yards instead of the 1687 square yards previously proposed. This increases the final payment amount from $77,260.73 to $83,920.73 based on the unit cost of $20.00 per square yard. . As no payment has been made to Hardrives to date, we recommend this amendment to the final voucher and payment to them in the amount of $83,920.73, subject to the terms of the Resolution. Please call me at 595-5695 with any questions. Sincerely, ORR-SCHELEN-MA YERON &~M ~sel, P.E., l..S. City Engineer ~ Equal Opportunity Employer VOOCHER NO.: DATE : PROJECT: PROJEC'l' NO.: OSM COMM. NO.: FOR: 8 &: FnmL January 1, 1993 Old Market Road Intersection 91-4 4705.01 City of Shorewood, MN TO: HARDRIVES, INC. 9724 10TH AVE. NO. PLYMOUTH, MN 55441 A. ORIGINlU. CClIIiI'l'RAC'l' AMOON'l': $1,044,615.70 B. 'l'O'l'AL ADDI'l'IONS: $28,654.06 ~AL DEDOC'l'IONS: D. 'l'O'l'AL FtJNDS ENC:tJMBERED: $1,073,269.76 B. 'l'O'l'AL ~ OF WORK CBR'l'IFIED TO DATE: $1,113,464.52 11' . LESS RB'l'ADIBD PBRCEN'l'AGB: o % G. LESS 'l'O'l'AL PREVIOO'S PA'DIEN'l'S: $1,029,543.79 R. 'l'O'l'AL PAYMEN'l'S INCLUDIm THIS VOO'CHER: $1,113,464.52 I. ENCtlMBERED FtJNDS CARRIED FORWARD: ($40,194.76) J. APPROVED FOR PAYMEN'l' 'l'BIS VOOCHBR: $83,920.73 .SCRBLBN-IlAYBR~ &: ASSOCIA'l'ES, INC. uant to our field observation, as perfoz::med in accordance with our contract, _ hereby certify that the materi satisfactory and the work properly perfoz::med in accordance with the plans and specifications and that the tota -" i. :-- % ~1.'" - 0' _ 1. 1993. .. ..~ T 0' """ _. Signed: ~t.. I IfPh/ J" 'J'nD Signed: ~tr-- /7' Construction Observer prey Engineer ~ CClN'l'RAC'l'OR: Bardrives, Inc. SIGNIm BY: belief, the quantities and values of work k-thiilXf 'l'his is to certify that to the best of m;y II:zIoIfledge, info:clllltion, certified herein is a fair approximate value for the period cove DATE : January 11, 1993 'l'I'l'LB: ()u-.e. CI'l'r OF SRORBWOOD APPROVED: DA'l'B : January 11, 1993 'l'I'l'LB: VOUCHER NO. : 8 & FINAL TO: IlARDRIVES, INC. DATE: Janua:ry 1, 1993 9724 10TH AVE. NO. PROJECT: Old Market Road Intersection PLYMOUTH, MN 55441 PRQJEcr NO.: 91-4 OSM COMM. NO.: 4705.01 FOR: City of Shorewood, MN CONTRACT COMPLETE TO DATE ITEM SPEC. TOTAL UNIT TOTAL TOTAL NO. REFERENCE ITEM UNIT QUANTITY COST AMOUNT QUANTITY AMOUNT 1 0563.601 Traffic Control (Stage I&II) L.S. 1 $20,000.00 $20,000.00 1 $20,000.00 2 0564.602 F&I Signs L.S. 1 $5,720.00 $5,720.00 1 $5,720.00 3 0564.602 Pavement Messages L.S. 1 $2,650.00 $2,650.00 1 $2,650.00 4 0564.603 Line Pavement Markings L.S. 1 $5,000.00 $5,000.00 1 $5,000.00 5 2101.511 Clear & Grub L.S. 1 $10,500.00 $10,500.00 1 $10,500.00 6 2104.501 Remove Curb & Gutter (all types) L.F. 85 $5.00 $425.00 166 $830.00 7 2104.501 Remove Pipe (all sizes and types) L.F. 1460 $3.60 $5,256.00 1636 $5,889.60 8 2104.505 Remove Bituminous Median S.Y. 1410 $4.20 $5,922.00 1052 $4,418.40 9 2104.505 Remove Bituminous Pavement S.Y. 16142 $1.40 $22,598.80 12676 $17,746.40 10 2104.513 Sawing Bituminous Pavement L.F. 2414 $2.00 $4,828.00 2954 $5,908.00 11 2105.501 Common Excavation C.Y. 41532 $1. 85 $76,834.20 52932 $97,924.20 12 2211. 501 Class 5 (100% CJ:Ushed) Ton 9899 $7.10 $70,282.90 8906 $63,232.60 13 2105.522 Select Granular Bo=ow (LV) C.Y. 5164 $5.50 $28,402.00 947 $5,208.50 14 2331. 508 Type 61 Wearing Course Mixture (TH7) Ton 1835 $28.65 $52, 572 .75 1574.0 $45,095.10 15 2331. 512 Type 41 Leveling Course Mixture (TH7) Ton 175 $23.30 $4,077.50 529.7 $12,342.01 16 2331. 508 Type 41 Wearing Course Mixture Ton 1023 $20.40 $20,869.20 1326 $27,050.40 17 2331.510 Type 41 Binder Course (TH7) Ton 886 $19.80 $17,542.80 866 $17,146.80 18 2331. 510 Type 31 Binder Course Ton 1487 $19.35 $28,773.45 1803 $34,888.05 . 19 2331.514 Type 31 Base Course Mixture Ton 5400 $18.90 $102,060.00 4766 $90,077.40 20 2357.502 Bituminous Material for Tack Coat Gal. 3485 $1. 00 $3,485.00 2935 $2,935.00 21 2411. 503 Concrete Retaining Wall (5397.723) S.Y. 450 $360.00 $162,000.00 525 $189,000.00 22 2501. 567 12" R.C. APron w/trash guard Each 4 $300.00 $1,200.00 4 $1,200.00 23 2501. 567 15" R.C. Apron w/trash guard Each 3 $325.00 $975.00 3 $975.00 24 2501. 567 24" R.C. APron w/trash guard Each 2 $465.00 $930.00 1 $465.00 25 2112.501 SUbgrade Preparation RdSt 57 $100.00 $5,700.00 59 $5,900.00 26 2104.509 Remove C.B. Each 16 $265.00 $4,240.00 16 $4,240.00 27 2501.501 Random Rip Rap Class III C.Y. 17 $42.00 $714.00 10.7 $449.40 28 2503.541 24" R.C.P. Class III L.F. 230 $21. 00 $4,830.00 211 $4,431.00 29 2503.541 18" R.C.P. Class III L.F. 361 $19.00 $6,859.00 345 $6,555.00 30 2503.541 15" R;C.P. Class IV L.F. 335 $17.60 $5,896.00 398 $7,004.80 31 2503.541 12" R.C.P. Class IV L.F. 731 $14.30 $10,453.30 1025 $14,657.50 32 STD SPEC STD 4' Dia. Manhole (0-8' Deep) Each 4 $960.00 $3,840.00 4 $3,840.00 33 STD SPEC Catch Basin Manholes (0-8' Deep) Each 14 $880.00 $12,320.00 14 $12,320.00 34 STD SPEC Excess Manhole over 8' Deep L.F. 5 $105.00 $525.00 5.6 $588.00 35 STD SPEC STD Catch Basin Each 10 $715.00 $7,150.00 9 $6,435.00 36 STD SPEC Adjust Existing Manhole Each 4 $150.00 $600.00 6 $900.00 37 STD SPEC Adjust Existing Catch Basin Each 2 $150.00 $300.00 1 $150.00 38 STD SPEC Adjust Existing Gate Valve Each 2 $150.00 $300.00 3 $450.00 39 2521.501 3" Con=ete Walk S.F. 145 $2.00 $290.00 6059 $12,118.00 40 2531.501 B618 Con=ete curb and Gutter L.F. 5889 $5.00 $29,445.00 6893 $34,465.00 41 2531. 501 B624 Concrete Curb & Gutter L.F. 2170 $6.40 $13,888.00 956 $6,118.40 42 2531. 501 0424 Con=ete Curb & Gutter L.F. 575 $6.60 $3,795.00 1627 $10,738.20 43 2535.501 Bituminous Curb L.F. 270 $3.00 $810.00 499 $1,497.00 44 2531. 503 Concrete Median S.Y. 1385 $20.00 $27,700.00 2020 $40,400.00 . 45 2554.501 Traffic Ba=ier Design 8322 L.F. 300 $23.00 $6,900.00 322 $7,406.00 46 2565.511 Full T. Actuated T. Control System L.S. 1 $70,000.00 $70,000.00 1 $70,000.00 47 DIV II SeedinglMulch, Fert. and 4" Topsoil Acre 6 $1,000.00 $6,000.00 4.2 $4,200.00 48 2571.541 Transplant (Pine) Tree 15 $150.00 $2,250.00 9 $1,350.00 49 2575.505 Sod/4" Topsoil (Lawn Type) S.Y. 9.823 $1. 60 $15,716.80 8100 $12,960.00 50 2611. 5 Hydrant Each 10 $1,040.00 $10,400.00 10 $10,400.00 51 2611.5 6" Gate Valve and Box Each 11 $375.00 $4,125.00 11 $4,125.00 52 2611. 5 8" Gate Valve and Box Each 7 $500.00 $3,500.00 6 $3,000.00 53 2611.5 12" Gate Valve & Box Each 3 $850.00 $2,550.00 3 $2,550.00 54 2611.5 Fittings Lbs 8040 $1. 20 $9,648.00 8790 $10,548.00 55 2611. 5 1-1/2" Corporation Stop Each 4 $121. 00 $484.00 4 $484.00 56 2611.5 1-1/2" Curb Stop & Box Each 4 $200.00 $800.00 4 $800.00 57 2611. 5 1-1/2" Copper Type K L.F. 90 $1;.00 $1,260.00 90 $1,260.00 58 2611.5 Insulation (4" Thick) S.F. 1500 $" .05 $3,075.00 1504 $3,083.20 59 DIV II Erosion Control L.F. 1000 $".00 $2,000.00 1137 $2,274.00 60 2611. 5 6" D.I.P. Class 52 L.F. 244 $16.50 $4,026.00 190 $3,135.00 61 2611. 5 8" D.I.P. Class 52 L.P. 760 $12.10 $9,196.00 1095 $13,249.50 62 2611. 5 12" D.I.P. Class 50 L.P. 2650 $16.50 $43,725.00 2444 $40,326.00 63 DIV II Relocate Hydrant Each 1 $1,000.00 $1,000.00 1 $1,000.00 64 DIV II Jack Casing for 12" Watermain L.P. 140 $110.00 $15,400.00 120 $13,200.00 65 DIV II Mobilization L.S. 1 $20,000.00 $20,000.00 1 $20,000.00 66 DIV II Clean-Up L.S. 1 $20,000.00 $20,000.00 1 $20,000.00 $1,044,615.70 $1,084,810.46 CHANGE ORDER No. 1 $11,413.00 $11,413.00 CHANGE ORDER No. 2 $12,509.22 $12,509.22 SUPPLEMENTARY AGREEMENT No. 1 $3,100.00 $3,100.00 SUPPLEMENTARY AGREEMENT No. 2 $1,631. 84 $1,631. 84 TOTAL ADDITIONS $28,654.06 $28,654.06 GRAND TOTAL $1,073,269.76 $1,113,464.52 MAYOR Barb Brancel COUNCIL Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD ,5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 3 February 1993 RE: Rental Housing Code FILE NO.: 405 (City Code Chapter 1004) . In 1990, after direction by the City Council and considerable work by the Planning Commission, the City adopted Chapter 1004, a Rental Housing Code providing rules and regulations pertaining to rental housing of all types. Before the Code was published, putting it legally into effect, the Council heard from a number of rental property owners who- objected to. not having input into the Code. The Council then directed staff to put the Code on hold an.d establish a committee to review the Code and comment to the City Council. The only people who volunteered fo~ !!1e committee were the following rental property owners: . Pat Niemi Warren Clague (representing Dutcher properties) Helen Schimmelfennig David Ryan 'I. \ .~. .- . .- -' In addition, Councilmember Gagne and Mayor Brancel participated in two meetings- with the group. Due to the subsequent change-over in City Administrators no action was taken on the Code. Consequently, we have an ordinance on the books which is not being enforced. > Staff feels the Council needs to decide whether to publish the Code and begin enforciIlg it or repeal it. - A copy of the summary of the Code is attached for your review. Also we are forwarding a complete copy of the Chapter in case you have detailed questions. , ' A Residential Community on Lake Minnetonka's South Shore b I' I Re: Rental Housing Code 3 February 1993 ~, Following are the comments made by the rental property owners: - , 1. . The general concensus of the group is that the Code discriminates against renters and , rental property. They feel that the types of problems which had been raised can be addressed with existing codes (e.g. the Building Code), and that tenants have pther remedies against problem landlords. They also feel that the Code punishes the good landlords because of the practices of a few poor ones. Their basic recommendation is that there should not be any code. ' 2. If there is to be a housing code it should apply to all residential property - not just . rental property. . 3. Licenses should be issued every three years and the fee should be paid every three years. 4. Fees' should reflect the number of inspections required. Lower the initial fee and charge for follow-up inspections. 5. There should be no initial inspection, the Code should be enforced only on a complaint basis. 6. The group was split 2-2 on whether a resident agent should be required. 7. They questioned who had standing to make a complaint · tenant - yes, but current only , . · neighboring tenant - yes · neighboring property ,- split 2-2 , · Councilmember - yes, but subject to other complaints · angry competitor - no /. 8. The grQup was'split on whether screens should be the responsibility of the landlord. . . 9. Correction of immediate hazar~s (Sect. 1004.04 Subd. 4) sh9u1d be the resp~nsibility. 'of_the owner or his agent- not the occupant or other responsible person. ': " . ,. S!aff will be prepared to answerquestions on the Code at Monday night's meetiIlg. need any additional in!ormation; please call me prior to the meeting. cc: 'iim Hur~' ~ Helen Schimmelfennig Tim Keane Dave Ryan' Pat Niemi Bob Gagne ' Warren Clague' .. If you \ " - 2 - ULj 17 {' ~ rc~[p)f CITY OF SHOREWOOD OFFICIAL SUMMARY OF ORDINANCE NO. 223 On March 19, 1990, the Shorewood City Council adopted Ordinance No. 223 entitled: An Ordinance Amending Title 1000 of the Shorewood City Code Adopting A Rental Housing Code. The Shorewood City Council hereby adopts this 0 ffi~ial Summary of the 0 rdinance . . . Sharing the concerns of a growing number of Minnesota communiti-esv Shorewood has adopted a rental housing code. T he intent of the new regulations is to correct and prevent housing conditions that may adversely affect the health, safety and general welfare of Shorewood's rental population. The code is also intended to improve and maintain the quality of Shorewood's housing stock. The new code establishes a procedure for the licensing of rental dwelling units, imposes minimum standards relative to health and safety, provides for a system of inspections, and establishes procedures for administering and enforcing the code. . Anyone operating a rental dwelling unit must obtain a license to do so. This requirement applies not only to apartments, duplexes and double bungalows, but also extends to single-family homes, or parts thereof (e. g. accessory apartments). T he cost of obtaining a license is $35 per unit. Licenses must be renewed annually or upon change of ownership, whichever occurs first. The new code requires that rental dwelling units comply with certain minimum health and safety requirements. Standards for plumbing, wiring and heating have been adopted by reference from the Uniform Housing Code. Property maintenance is also addressed in the reg~lations. In order to obtain a license, owners of rental units will be required to have th~ir properties inspected. T he code provides for an initial inspection to ensure compliance with the aforementioned minimum standards. T hereafter inspections will be made every three years or when changes in ownership occur. Inspections will also be made on a complaint basis. T he last section of the code establishes deadlines for compliance: a::d an appeal process. Penalties for violating the code are also prescribed. ~.b;t ^ A copy of the new code is being mailed to all known owners of rental property. Copies of the code are also available for review or purchase at the Shorewood City Hall. The Rental Housing Code goes into effect as of 1 June 1990. A complete text of the Rental Housing Code, Ordinance No. 223, is available for review in the City offices located at 5755 Country Club Road during regular office hours. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 14th day of May, 1990. . Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk . A Eos ARCHITECT[RE . . March 3, 1993 Ms. Barb Beancel, Mayor City Council Members City of Shorewood 5755 Country Club Road Shorevvood,Nlinneso~ 55331 Re: Public Works Facility Dear Mayor Brancel and Council Members: 21 \\;'\TER STREET EXCELSIOR. mXXESOn ;;331 FAX 612-47'+-3928 612--Ci-3291 We are pleased to report to the Council that the Public Works Facility construction contract vvith Rochon has been completed. Follovvmg is a summary of the fInancial activity on the project: Original contract amount C.O. 1: Upgrade steel joists to accommodate future crane in service bay. add: C.O.2: Provide signange and drinking foun~ to A.D.A. requirements ded: C.O. 3: Install A.D.A. curb ramb add: C.O.4: Paint interior service bay walls add: C.O.5: Add backflovv preventer to City's pressure washer per Mo. Dept. Health. add: C.O. 6: Add 10 "no parking fIre lane" signs per Fire Marshal. add: C.O.7: Earthvvork change orders per OSM add: Tow change order amount: net: Final contract amount: $684,500.00 $ 3.200.00 $ 144.00 $ 1284.00 $ 922.00 $ 328.00 $ 634.00 $ 12,707.00 $ 18,961.00 $703,461.00 With the building consisting of 17,398 square feet, the toal cost of the construction is $40.43 per square foot. 1 EQCAL OPPOR1t~Y EMPLC A Eos ARCHITECTURE . . Thank you again for the opportunity to work together on this project. The City can be proud of the Public Works Facility, as it is both functional and very cost effective. Sincerely, 1!Au !20~ J. Nicholas Ruehl AlA President JNR:nr . . RESOLUTION NO. _ -93 A RESOLUTION ACCEPTING THE CONSTRUCTION OF THE PUBLIC WORKS BUILDING WHEREAS, the City of Shorewood has entered into a contract with Rochon Corporation for the construction of the public works building; and WHEREAS, the Contractor has petitioned for final acceptance of the project based on work performed to date; and WHEREAS, a final inspection has been made by the City's Architect for the project pursuant to Article 9.10.1 of the General Conditions of said contract. NOW, THEREFORE, BE IT RESOLVED that; The City does hereby accept Change Orders No.6 and 7, and the work completed pursuant to said contract and the one-year guarantee provided for in Article 12.2.2 of the General Conditions shall commence as of the date of substantial completion pursuant to Article 9.8.2 of the General Conditions of said contract subject to the following items: 1. Compliance with section 01700, paragraph 1.02 of said contract: Submission of: a) AlA G706 Affidavit of Payment of Debts and Claims; b) AlA G707 Consent of Surety to Final Payment; and c) State Tax Form IC-134. ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this _ day of . 1993. Barbara J. Brancel, Mayor AlTEST: James C. Hurm, City Administrator ...L....~,....... , :;:::. . ',~.. Rochon Corporation 12866 Highway 55 Plymouth. MN 55441 Office 612/559-9393 Fax 612/559-8101 March 1, 1993 . Gordon Metcalf EOS Architecture Inc. 21 Water St. Excelsior, MN 55331 Re: Shorewood Public Works Facility Attached is our final Application for Payment for work completed through February 28, 1993 at Shorewood Public Works Facility. fJ]l1I/hJl1 ~ ~:llman Project Manager . JW/clb Enclosure ~ ':-I~\, .,b", i .(....,1'."),....., . '--"'(.:/;.~ rJ:) '. .J .,~) ;, '" I' n'") J.:" , ,ot),;c';).~ >!'<1~' 0:: o ,g 1-1- UU C I-W< .g ffi _ 0:: ::l Z :r: zI- p-.... ::: U 00::0 '" <u 000000 M O'l O'l '" w t.) ~ N (5 w Z o w t.) g; ~ "'0 'Y:; QJ '" .... QJ > ~ C o ex:> o z z o ~ U '" C o U ::l .::: '" C ...J a.. a.. < ::::. >, +J I- < LJ.J ~ ::) U o C ~ ~ .... Z w ~ ~ ~ u ctl l.J... LI'l .::.t. t..."O Octl..- 30M 0:: M U t..n ...... C t..n ~3 .oOZ :J+J:E ~ .t:: +J "0...... "0 OEO o tI') 0 3 3 (l) 0 (l) t...Ot... 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CONTINUATION SHEET Substitute AlA Document 6702 SHORE WOOD PUBLIC WORKS FACILITY TO: B MARCH Oi! 1993 DECEMBER 01! 1992 FEBRUARY 28, 19~) APPLICATION NUMBER: APPLICATION DATE: PER I uD FROr1: CONTRACTOR'S PROJECT ND~ 9210 SCHEDULEu PREVIOUS THIS ::ilur.EjJ TOTAL BALANCE , CODE DESeR I pmm VALUE J APPLICATION APPL EA Tl ON MATERIAL Tn DATE T[) FINISH RETAINAGE II,; .;, - - :mn RmHS 2o!424.10 26!424.10 0.00 0.00 26!424.10 :100 0.00 0.00 " J'~ BUILT ALLOWAN 7,500.00 7,500.00 0:r00 0.00 7~500.00 ; l(H) 0.00 i. !H~ V:!...HJ - :SIGNAGE ALUJJlANC 3,034.0(1 3~O34.00 0.00 (1.00 3,034.0(1 ;100 0.00 0.00 4 ;BOND 6,971.00 6,971.00 0.00 0.00 6,971.00 :100 tJ.(}O 0.00 .:GRADING 40!OOO.OO 40,000.00 0.00 0.00 40,000.00 : 100 0.00 0.00 J ;~! "'B t ~I!TT~R 14,754.00 14,754.00 U:rUO 0.00 14.754.00 : 100 \);00 0.00 ,'-'I.HI 'oJ bu. ~ ! ; ASPHALT PAVING 49,100.00 49,100.00 0.00 0.00 49,100.00 :100 0.00 0.00 8 ; LANDSeAPI NG 500.00 0.00 500.00 0.00 500.00 :100 V.tlt) 0.00 9 :CONCRETEfMASONRY 78,965.00 78,965.00 0.(;0 0.00 78!965.00 :100 0.00 0.00 10 : PRECAST CONCRETE 138,823.00 138,823.00 0.00 0.00 138,823.00 : 100 0;(:0 0.00 11 :STRUCTURAL STEEL 36,530.00 36,530.00 0.00 0.00 36,530.00 ; l(H) 0.00 0.00 1" I ~T~~' ERECTION 6,047.00 b,047.00 0.00 0.00 6,047.00 :100 O.(H} 0.00 i. ;~ ttL . . : LUMBER 1,618.69 1,618.69 0,00 0.00 1,618.69 ;100 0.00 0.00 h' 14 :DRYWALLfPLASTER 7,375.00 7,375.00 0.00 0.00 7,375.00 : 100 0,00 0.00 15 :WOOD DOORS 1,597.00 1,597.00 0.00 0.00 1 , ~197 ,00 :100 0.00 0.00 16 : CASEWORK 620.00 620.00 0.00 0.00 620.00 ~100 0.00 0.00 17 :ROOFIN6 & SHTMTL , 34,350.00 34!350.00 0.00 0.00 34 ~ 3~!O. 00 :100 0.00 0.00 18 : CAULK 4,300.00 4,300.00 0:r00 0.00 4,300.00 : 100 0.00 0.00 19 :OIiERHEAD DOORS 16,600.00 16,600.00 0.00 0.00 16,600.0(l ;100 0.00 0.00 20 :SLASS & ALUM. 8,492.00 8,492.00 0.00 0.0(: 8,492.00 :100 0.00 0.00 ~ :HH & HARDWARE 13,338.21 1~ ~~8 ~1 0.00 0.00 13,338.21 :100 0.00 0.00 ,),.).;., .L : ACOUSTICAL TILE 2,165.00 2,165.00 0.00 0.00 2,165.00 :100 0.00 0.00 "" :CERAHIC iILE 6,150.00 6,150.00 (i.OO 0.00 6,150.00 :100 0.00 0.00 ...\ 24 : RESILIENT TILE 489.00 489.00 0.00 0.00 489.00 :100 0.00 0.00 25 :PAlNT & IiHm 3,360.00 3,360.00 0.00 0.00 3,360.00 :100 0.00 0.00 26 :TOILET PART. 934.00 934.00 0.00 0.00 934.00 ; 100 0.00 0.00 27 :iOILET ACCESS. 1,059.00 1,059.00 0.00 0.00 1 ,O~19 .00 :100 0.00 0.00 28 :SPECIAL TIES 2,127.00 2,127.00 0.00 0.00 2,127.00 :100 Q.OO 0.00 29 :PLUKBiHVACiUiIL 94,952.00 94,952.00 0.00 0.00 94,952.00 :100 0.00 0.00 30 :fIRE SPRINKLER 11,760.00 11 ,760.00 0.00 i}.OO 11,760.00 : 100 0.00 0.00 31 : ELECTRICAL 37,427.00 37,427.00 0.00 0.00 37,427.00 :100 0.00 0.00 32 :fEE 33,392.00 33,292.QO 100.00 0.00 33,392.00 ;100 0.00 0.00 :CHAN6E ORDER 17 12,707.00 0.00 12,707.00 0.00 12,707.00 :100 0.00 0.00 :TOTAL 703,461.00 690,154.M 13,307.00 0.00 703,461.00 ;100 0.00 0.00 WAIVER OF CONSTRUCTION LIEN. PAYMENT BOND AND LIEN FUNDS March 1, 1993 . For good and valuable consideration, the undersigned hereby irrevocably and tmconditionally waives and releases any and all (a) rights and claims for a construction or other lien on land and buildings being constructed, altered, erected or repaired and to the appurtenances theretmto, (b) rights and claims on any payment bond(s) ft~nished in conjunction with said constrtlction, alteration, erection or repair, and (c) rights and claims for lien on money, bonds, or warrants due or to become due to the prime contractor therefor. The property covered by this waiver is owned by Citv of Shorewood (owner), is located at 24200 Smithtown Blvd., Shorewood. MN is described as Public Works Facilitv and this waiver pertains to a portion of the work to be performed by Rochon Corporation (prime contractor). . This waiver covers all labor, material and supplies for construction, alteration, erection, and repairs furnished by the undersigned tmder a contract with Citv of Shorewood through the date of this waiver in the amount of THIRTY THOUSAND FIVE HUNDRED SIXTY & 85/100 DOLLARS ($30,560.85). This lien waiver is not valid tmtil the amount listed above has been received. Company Name ~o::::n CoR_ ." By Jerrv &!L..Q!! __'j4~ Its Vice President Contractor Waiver Form .~VV'\IVW\NV\NVV'No. I~CANDYCE LEE SA RTHOLOMEW J ,. NOTARY PUBlIC.MINNESOTA HENNEPIN COUNTY My Commission expires June 6,199 . . ft /'uWl/ff: dtt -4,),l(,tl---if;-ttitt() CHANGE ORDER AlA DOCUMENT G701 OWNER ARCHITECT CONTRACTOR FIELD OTHER o o o o o PROJECT: (name, address) CHANGE ORDER NUMBER: Seven (7) February 11, 1993 91129 Aprll 22, 1992 Complete Construction Shorewood Public Works Facility 24200 Smithtown Road Shorewood, Minnesota 55331 TO CONTRACTOR: (name address) Roch9n ~orporation , 12866 Hicl1way 55 Plymoutn, Minnesota 55441 DATE: ARCHITECT'S PROJECT NO: CONTRACT DATE: CONTRACT FOR: The Contract is changed as follows: (SEE ATTACHMENTS) . ATTACHMENTS: Letter from OSM to EOS Architects Dated February 5, 1993 Total Cost of Change Order No.7 ADD $12,707.00 Not valid until signed by the Owner, Architect and Contractor. .The original (Contract Sum) (Guaranteed Maximum Price) was . . . . . . . . . . . .. . . . . . . . . . . . S Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was. . . . . . . . . . S The (Contract Sum) (Guaranteed Ma.xin)um Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The new (Contract Sum) (Guaranteed Maximum Price) induding this Change Order will be .. S The Contract Time will be (increased) (decreased) (unchanged) by The date of Substantial Completion as of the date of this Change Order therefore is 684,500.00 6,254.00 690,754.00 12 707.00 703:461.00 ( -0- ) days. December 1, 1992 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. ~9A:tYchitectuf'e CO~ Corporation. OWNQty of Sho.rewood Addr~7" (,ounuy 1..1ub Koad A& W.d", Sb~. Add~866 mghway :5:5 ~ . P~th,~5~1 BY . . BY ul) MIA'v DATE 2- c: -:s - ?3 DATE :1 f z--z-/ c., -;J BY AlA DOCUMENT G701 . CHANGE ORDER . 1987 EDITION . AlA'" . @1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CHANGE ORDER OWNER ARCHITECT CONTRACTOR FIELD OTHER o o o o o FEB 26 1993 AlA DOCUMENT G70J , , .~. PROJECT: (name, address) CHANGE ORDER NUMBER: Six (6) November 4, 1992 91129 April 22, 1992 Complete Construction Shorewood Public Works Facility 24200 Smlthtown Road Shorewood, Minnesota S5331 TO CONTRACTOR=u . h C ti _oc lQn orpora on (name, address) 12866 Hi2hway 55 PlyploutIi, Mirinesota SS441 DATE: ARCHITECT'S PROJECT NO: CONTRACT DATE: CONTRACT FOR: The Contract is changed as follows: . 1. Add Ten (10) "No Parking Fire Lane" signs along the entrance drive as directed by the Local Fire Marshall. ATI'ACHMENTS: Rochon Proposal Dated November 2, 1992 Statement of Justification Total Cost of Change Order No.6 ADD $634.00 Not valid until signed by the Owner, Architect and Contractor. . The original (Contract Sum) (CtlllflHlteea MIHEiffitIfH Pri€~ was . . . . . . . . . . . . . . . . . . . . . . . . S Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The (Contract SumH6~~.la.d M~l.~.~ P.:~~) priorto this Change Order was. . . . . . . . . . S The (Contract Sum) ~CtlarllAteea Hft!ltfMtlM P1'iee) will be (increased) (at:w:ooea) (tit\ehM~~ by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The new (Contract Sum) (CtlttflH,teca I.h....:......... f .k.,,) including this Change Order will be .. S The Contract Time will be (i1.~lC~CJ) (~.:..c...,(,~ (unchanged) by The date of Substantial Completion as of the date of this Change Order therefore is 684,soo.00 5,620.00 690,120.00 634.00 690,754.00 ( -0- ) days. December 1, 1992 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. "'-.. BY Rochon Corporation CONTRACTOR 12866 Ilighway SS City of Shorewood OWNER S7SS Country Club Road Eos Architecture ARCHITECT 21 Water Street BY BY DATE DATE AJA DOCUMENT G701 . CHANGE ORDER . 1987 EDITION . AlAe . @1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . . . KUCHUN (UKt'. I,!:.L : b 1:L-~~'j-B 1 0 1 Nov O~,'::l2 10:34 No.006P.02 ~ IlllChwl ~on f 2MG , lighw<l)' 55 Plymouth. MN 55441 Office 612/559-9393 ~a~ 61Z/~59~101 November 2, 1992 Gordon Metcalf BOS Architecture 21 Water Street Excelsior, MN 55331 Re: Shorewood Public Works Maintenance Facility Dear Gordy: '!'his letter is a request for change to add "No Parking Fire Lane" signs as per the Fire Marshall. Signs: Material - 10 @ $49.00 each Labor - 10 signs @ $10.00 each Bond & Insurance OR & P $490.00 100.00 8.00 36.00 'I'OTAL ADD $634.00 If you have any questions or comments, please feel free to contact me. Sibcerw~ ~llman . Project Manager JW/gr STATEMENT OF JUSTIFICATION CHANGE ORDER #6 A meeting was held within the last two weeks between the Contractor and the Local Fire Marshal to determine the actual location for the 8 fire lane signs referenced in Change Order No.2. During that meeting the Fire Marshal requested an additional 10 signs be located along the entrance drive. ( five each side ). . This Change Order therefore reflects the direct request of the Fire Marshal, and these additional sign are added scope to the Contract. . February 5, 1993 OS, ;\torr SChelen ~er~>n& AsSociates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis. MN 554]6-]228 6]2-595-5775 1-800-753-5775 FAX 595-5774 Engineers - Architects ,:...:ECt.~.I\il:"l"" I _ . ~_' P anners Surveyors F~81 1 'lS53 Mr. Gordon Metcalf EOS Architecture 21 Water $t. Excelsior, Minnesota 55331 ,....-~ ~ l:Uv I 0PPt"R1'. "";'"'r.., , ~ i I. ~l\l Re: Shorewood Public Works Facility Change Order Review OSM Project No. 4860.01 . Dear Mr. Metcalf: As you are aware, we have received several change order requests for the site work on the referenced project from Rochon Corporation. After a review of the file, punch list items, and numerous telephone conversations with Mr. Wellman, we have reached a conclusion regarding this request. This letter summarizes our conclusions and recommendations. The change order request for extra work can be summarized as follows: Item No. 1 Item No.2 Item No.3 Removal- 'of 820 yards of clay from the building pad. Subgrade corrections for the parking lot Change to 100% crushed aggregate base $ 2,628.00 12,247.00 2.135.00 . Total Request $17,010.00 With regard to Item 1, the grading plan for the site clearly states that the rough grading for the building would be completed within 0.5 feet vertically prior to June 15, 1992. On June 6, 1992 our survey crew made elevation measurements across the site and found the grading to be well within this 0.5 foot tolerance. Therefore, we do not feel that an extra or change order for this item is warranted. The supporting documentation for Item No.2 states that approximately 25% of the additional work done at the south and southeast area of the building was related to trench settlement caused by the utility work. Since this utility work was performed under your contract, we feel that it is appropriate to subtract 25% from the amount requested. In the itemization, you have deducted approximately $432.00, which is 25% of the sub- cut and 'removal work done on September 23, 1992. We believe 25% of the fill work performed on September 24, 1992 should also be deducted., Therefore, the total amount to be deducted for utility trench repair work would be 25% of $4,251.31, or $850.26. Using the same rates for bonds, insurance, overhead, and profit, this would leave a total for Item No.2 of $11,805.00. Equal Opportunity Employer Mr. Gordon Metcalf February 5, 1993 Page 2 Item No.3 was discussed during construction and the amount appears reasonable. Finally, several items were not completed prior to the snowfall on November 1, 1992. These items are for the seeding and mulching specified; restoration of the trail and easement property; and clean-up of the trailer site. The seeding required was just over 1.0 acre in extent and, based on quotes received, this would result in a deduction of $500.00. The trail restoration deduction amounts to $533.00 based on a 1.5 inch course of Class 5 Aggregate for the 900 feet affected. The cost for the restoration of the easement property and trailer site clean-up was estimated by Public Works at $200.00 each. According to Mr. Wellman, the trailer site will be cleaned up this coming week, and should not result in a deduct. . Our change order recommendation is then as follows: Item No. 1 Item No.2 Item No.3 Item No.4 Item No.5 Removal of clay from the building pad Subgrade corrections for the parking lot Change to 100% crushed aggregate base Site Seeding Trail and Easement Restoration $ 0.00 11,805.00 2,135.00 - 500.00 - 733.00 Grand Total Change Order Addition $12,707.00 Please call me at 595-5695 if you have any questions on this. Thank you. . Sincerely, ORR-SCHELEN-MA YERON & ASS~OIA/ S, INC. /. 1/ // ,0 ,~ Joel Dresel, P.E., L.S. City Engineer \jme c: James Hurm, City Administrator Don Zdrazil, Public Works Director Jeff Wellman, Project Manager, Rochon Corp. . MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: 4 March 1993 RE: Shoutz - Appeal Sewer Access Charge FILE NO.: City Code- - Chapter 904 In a letter dated 17 February 1993, James Penberthy, representing Douglas and Bonita Shoutz, proposes to appeal the Local Sanitary Sewer Access Charge (LSSAC) which was imposed as a condition of approval of the Shoutz's recent lot split (6130 Cathcart Drive). The subject property was charged for two sewer units in the early 70's. Consequently, they question the fairness of paying the LSSAC which was adopted last year to replace the previous sewer equalization charge. . One of the primary purposes of changing from the equalization charge to the LSSAC was to get away from a complex and confusing formula system to a flat fee basis for sewer connections on subdivided property. In making this change, however, the LSSAC ordinance did not address properties that had previously been assessed for more than one unit. Staff agret:s with the appellant that it is unfair to have to pay twice for sewer service. Since there is no provision in the current ordinance for waiving the fee, and the issue is very likely to come up on other properties, staff has prepared- the attached amendment to' address the problem. If agreeable to the Council, past sewer charges will be addressed as part of the . review of all future lot divisions. Once the amendment has been published, it is recommended that the $1000 LSSAC paid by the Shoutzs be refunded. If you have any questions relative 10 this matter, please contact me prior to next:.- Wednesday's Council meeting. . . "'-\.. cc: Jim Hurm Tim Keane Joel Dresel AI Rolek Jim Penberthy 9 A Residential Community on Lake Minnetonka's South Shore :Penberihy Baw Offices, Bid. 264 WATER STREET EXCELSIOR. MINNESOTA 55331 PHONE (612) 474-1188 JAMES G. PENBERTHY February 17, 1993 '-, -:--:~. \ -l City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Brad Nielsen Re: Your File No. 405 (92.31) Our File No. 2469 Dear Brad: - This letter will serve to confirm our phone conversation of February 16, 1993 wherein I requested that Mr. & Mrs. Shoutz be placed on the agenda for the next Shorewood council meeting and you requested that I send you a letter containing that request. You indicated that you would be willing to provide me with all relevant memoranda, minutes of meetings, and a copy of the ordinance with respect to the sanitary sewer access charge. I would appreciate your letting me know when I can pick the above information up at the Shorewood City Hall. information in this regard, please contact me Penberthy JGP/ckm, cc: Douglas & Bonita Shoutz I MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 FROM: Mayor and City Council ~ James C. Hurm, City Administrator March 5, 1993 TO: DATE: . RE: Agenda Item Number 9 - "A Resolution setting Policy Regarding storm Water Management Fees for Small Parcels" In preparing for the storm water management utility billing required by the ordinance passed January 25, 1993, staff has identified over a hundred, mostly unbuildable parcels, which currently do not receive a utility bill of any kind. It is the feeling of staff that although technically all parcels add to the storm water problem, parcels which would generate bills of less than $2.00 per quarter should perhaps.not receive a bill at all. considering the cost associated with the establishing and maintaining these tiny utility accounts as well as mailing cost. We are suggesting that the Council consider the attached enclosed resolution excluding for billing purposes any lot which would generate a fee of less than $2.00 per quarter. . This might be an appropriate time for the Council to discuss if they would like the fee to take effect at a time different than the ~pril 1993 billing. JCH.al " A Residential Community on Lake Minnetonka's South Shore q . . RESOLUTION NO. A RESOLUTION ESTABLISHING POLICY FOR BILLING OF STORM WATER MANAGEMENT UTILITY FEES TO CERTAIN PARCELS WHEREAS, the City Council adopted Ordinance No. 268 establishing a Storm Water Management Utility; and, WHEREAS, the ordinance provides for the billing of a Storm Water Management Utility fee upon all parcels of land within the City of Shorewood; and,' WHEREAS, it has been determined that the fee for such utility on certain parcels would be less than $2.00 per calendar quarter; and, WHEREAS, the costs to establish, maintain and bill accounts for such parcels would be excessive; and, WHEREAS, it is in the public interest to manage the utility in an efficient, effective manner; now, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood to establish a policy to exclude for billing purposes under Ordinance No. 268 certain parcels which would generate a fee of less than $2.00 per calendar quarter. AROPTED BY THE CITY COUNCIL OF THE CITY OF SHROEWOOD this 10th day of March, 1993. Barbara Brancel, Mayor ATTEST: James C. Hurm, City Administrator ASSESSMENT POLICY FOR STREET RECONSTRUCTION PROJECTS CITY OF SHOREWOOD, MINNESOTA . MARCH, 1993 DRAFT . J;)E~/ ASSESSMENT POLICY FOR STREET IMPROVEMENTS I. HISTORY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1 II. SCOPE AND PURPOSE. . . . . . . ., . . . . . . . . . . . . . . . . . . .. . . . . . . . 2 III. DEFINmONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. 3 IV. SPECIAL ASSESSMENT CONCEPT .......................... 5 . A. Benefit Principle .. . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . 5 B. Consistent and Equitable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 V. SPECIAL ASSESSMENT PROCEDURE ....................... 7 . A. B. e. D. E. F. G. H. I. J. Initiating the proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 7 Preparing the feasibility study ........................... 9 Holding a public hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Ordering the Improvement and ordering Plans and Specifications 10 Advertising for Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Awarding Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 Preparing Proposed Assessment Roll .. . . . . . . . . . . . . . . . . . ., 12 Holding Public Hearing on Proposed Assessments ........... 13 Adopting the Assessments ............................. 14 Transmitting Assessments to County Auditor . . . . . . . . . . . . . .. 15 VI. ASSESSMENT POUCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 A. Establishing an annual assessment rate ................... 16 B. Assessable Street Reconstruction Projects ................. 16 e. Project Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 17 D. Term of Assessment ................................. 17 E. Government Owned properties ......................... 17 F. Non-developable Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 G. Interest Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 H. Payment Procedures ................................. 18 I. Appeal Procedures .................................. 19 J. Reapportionment upon Land Division . . . . . . . . . . . . . . . . . . .. 19 VII. ASSESSMENT METHOD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 A. B. Unit Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 Front Footage Method ............................... 22 . 1. 2. 3. 4. 5. 6. 7. 8. 9. Standard Lots ................................. 23 Rectangular Variation Lots ....................... 23 Triangular Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 Cul-de-sac Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 Curved Lots .................................. 24 Irregular Shaped Lots ........................... 25 Corner Lots .................................. 25 Flag Lots and Back Lots ......................... 26 Double Frontage Lots ........................... 27 . VIII. DEFERRED ASSESSMENTS............................... 28 A. Large Tracts of Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ .. 29 B. Conditions of Hardships .............................. 29 C. Termination of Hardship Deferment ..................... 31 . . CITY OF SHOREWOOD ASSESSMENT POLICY FOR STREET RECONSTRUCTION PROJECTS SECTION I - HISTORY The City Council has become concerned with street reconstruction needs for a number of reasons: 1) Street mileage and costs associated with reconstruction have been increasing; 2) Shorewood's becoming eligible for the Municipal State Aid Program (MSA) in 1990 has provided funding for certain street reconstruction on an accelerated basis; and, 3) many. of Shorewood's streets were last worked on beyond normal maintenance in the early 1970's with the installation of city-wide sanitary sewer. The Council has further concerns that the necessary financial resources may not be available to properly reconstruct city streets as the need arises. These concerns culminated in the City Council creating an ad hoc citizen Street Reconstruction Financing Task Force in 1992. That Task Force concluded that"...replacing streets on a forty year cycle would be a tremendous drain on the City's general fund". Therefore it recommended "...that an assessment procedure be established for the reconstruction of streets", and that"...the special assessment rate be established at 33 percent of the cost of a standard 24 foot street with a rural cross section (no curb and gutter)". This special assessment policy is based on the recommendations of the Task Force Final Report dated August 18, 1992, attached to this policy as Appendix A. 1 SECTION II - SCOPE A1~D PURPOSE This policy is intended to provide for a fair, equitable, and consistent means of recovering and distributing the cost of street reconstruction improvements to already existing streets. This policy does not apply to new construction nor to maintenance functions which are defined as patching, seal coating and overlay. Street reconstruction is considered to be any street improvement over and above these maintenance functions. 2 . . SECTION III - DEFINITIONS Adjusted Front Footage: A method for determining the average front footage for odd- shaped lots which would be equivalent to the footage of a rectangular shaped lot of the same area and depth. Building Site: An area of land on which a building exists or an area of land meeting city code requirements on which a building could be constructed. . Construction Cost: Amount paid to contractors for constructing the improvements. Construction Interest: Cost of financing the improvements from the time the project is initiated until the assessment roll is approved by the City Council, less any interest earned on invested funds. The interest rate will be at the expected assessment rate. Equivalent Residential Units: Equivalent residential units are the number of assessment units into which a large or unplatted parcel of land, which abuts a City functionally classified collector or arterial street, is divided in order to determine an assessment rate. The number of equivalent residential units is determined by dividing the adjusted front footage of the . parcel by the average street footage of the project. Front Footage: The shortest dimensions of existing or potential sites abutting the streets. Lot: Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation having not less than the minimum area required by this Zoning Ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the CounciL Lot: Corner: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (1350) or less. 3 Project Cost (Total Cost of Improvements): All construction costs, plus costs for administration, engineering, legal, fiscal, easement acquisition assessing, and any project related work previously done but not assessed. Residential Unit: A residential unit is a platted single family residential lot which, in accordance with the City of Shorewood's zoning and subdivision regulation, cannot be further subdivided. Side footage: The longest dimension of existing or potential corner building sites abutting the street. 4 . . A. . . SECTION IV - SPECIAL ASSESSMENTS CONCEPT Benefit Principle Special assessments, as authorized by Minnesota State Law, Chapter 429, may be levied only upon property receiving a special benefit from the improvement. In Minnesota, the Constitution and courts apply this general rule by placing the following limitations upon the power to levy special assessments: 1) the rate must be uniform and consistent upon all property receiving special benefit: 2) the assessment must be confined to property specially benefitted; and 3) the amount of the assessment must not exceed the special benefit. The special assessment is a financial tool employed by the City of Shorewood as a means of allocating the costs of specific improvement projects to the benefitted properties and spreading those costs over a number of years as specified by the City Council. Special assessments are billed to the property owner along with real estate taxes. There is, however, a distinct difference between taxes and special assessments. Real estate taxes are a function of the real estate value as determined by the municipal assessor, while special assessments are a direct function of the enhancement of value or the benefit which a specific improvement gives to the property. B. Consistent & Equitable Once an improvement project is initiated and it is determined that the improvements are necessary and desirable, the special assessment procedure is intended to equitably and consistently allocate and levy the cost of specific improvements to the benefitted properties. Minnesota Statutes and the courts have extended broad authority to City Councils for determi~ng assessment methods and policies. 5 The City must recover the appropriate portion of the expense of installing public improvements, if undertaken, while ensuring that each parcel pays its fair share of the project cost in accordance with these assessment guidelines. It is important that assessments be implemented in a reasonable, consistent and fair manner. This policy sets forth the general assessment methods and policies to be utilized by the City Administrator and City Engineer when preparing assessment rolls for approval by the City Council so as to assure uniform and consistent treatment to the various properties from year to year. The following policy is general in nature, and that certain circumstances may justify deviations from stated policy as determined by the City Council. . . 6 SECTION V - SPECIAL ASSESSMENT PROCEDURE A flow chart on the Shorewood Public Improvement Process for Special Assessment projects a detailed explanation of the process is shown on the next page. A. Initiatin~ the Proceedin2s Improvement proceedings may be initiated in anyone (1) of the following three (3) ways: . 1. By a petition signed by the owners of not less than thirty-five percent (35%) of the frontage of the real property abutting on the streets named as the location of the improvement; 2. By a petition signed by 100% of the owners of real property abutting any street named as the location of the improvement. Upon receipt of a petition of 100% of the abutting property owners, the City Council must determine that it has been signed by 100% of the owners of the affected property. After making this determination, a feasibility report shall be undertaken and the project may be ordered without a public hearing; or . 3. By the initiative of the City Council. Petitions for improvement shall be referred for Administrative report and estimated budget. A simple majority vote of the City Council is needed to start the proceedings. Whether initiating the proceedings or accepting a petition requesting such proceedings, the City Council may simultaneously order a feasibility report on the proposed improvement. Feasibility reports shall be paid for by the City in the case of street reconstruction projects and recouped once the project is completed under the terms of this policy. 7 City of Shorewood Public Improvement Process for Special Assessment Projects Staff Activities/Tasks :~., ........::::->>:WSW:~~...."f-:~:::-"::::::f-m">>~":::='5(-m:~::~::::-;.::-;.~::::::::::::::::::::$:::':(.:::::::::::::::;':ID"i(,~::::-;>>"*:<;'::::::-;-;':::::'"X:::::::::::~::f-:::::~ .:::: ~~;~ .::~ .:~: 1 .~~ Prepare/update capital improvement program & budget or comment on petitioned project ~~::::*;:::::::::::::;:-":::::::::::::::::::::::::~::.-::::::x::::::::::::x::-::::::%::::;:::::::::::::::::::::::::::;::::::::--:::::::::::::::::::::::::::".(.::::::;:;:::::::::::::;:;:;:::::::::X::: ::::X:::::::::::::::::::::::::: ~jf:~ ;1:111 ,:::~: '::~: ;. Feasibility report; prepare cost estimate, project budget, and schedule; determine benefited area and proposed assessments :~::~:::::::X:~:::::::::::x::::::::::::::::::::::::::::.-:::::::--:::::::::::-":--:::::::::::;:::::::-,:::::::::::::::::::::::::::::::::--:::::::::;:::::::::~.(.:::::::::.-::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ;:~::. :Ii it .:.;.: Mail hearing notices; prepare engineering agreement Prepare plans & specs City Council Decisions Modify/approve capital improvement program and! or budget, or resolution declaring adequacy of petition, and resolution ordering preparation of feasibility report ~===:-j :-:-:-:<<....;-:.:.:.:-:->>:-:.:->>:.:-:-:<<.>>:.:-:.:-:-:.:-:-:-:-:-:-:-:-:<<->>>>:-:*>>:-:->>:.:.>>X<<-:.,.:-:-:<<.>...,.:->>:<<->>:->>:.:<<<<-:.:~:-:.:-:<<.>>>>:-:<<<<<<.:.:-:-:.:.:.:-:<<-:<<::::: : Hold public hearing on the proposed project; order the improvement and preparation of plans; ap- prove engineering agreement :-:-:'. .~"","""*'W-.,.>>>>>>>>>~,,,,*,,_>>>>>w._"'>:OO' ..00..: .....:o..=~'*:",.,.,.,..:<<<.....<...........<....;~.?:" .. Approve plans and order advertisemeot for bids I . .:::::'%::':::-"':=:::'"':=:*::::::::::::::::-":o"::::'-::::::::::::::::::::::::--:::::-"X:::::::...:::::.:=:~:::..:::::::::::::::::X:::::::::::::::::;:::::::::::::::::-"X:-OWf.:-":::::::::::::::-' :::"o%::::::::::::::::::::X* Take bids, compare with estimates .'. .....~~.::m.9f.,;?'*.:::'!l:-<<<<::::::::..:.:.~....=...~~~)x:x:::"<<.::m:~~:.......:~'<<'::::::::::-;~:M::::~S Prepare & execute contract; initiate & adminis- ter constmction; prepare fInal assessment roll . .'.:~:(<<0~";':::::.~.~~:::~<<<<-:"<<:::~::~-:::::::::::::::::::-"'t-::::::::::::::::':::::::::'$'m:::~.;.;.;.;.;.;.:...~.,'oJ:."';~'<'::::'::::-;:::"-::: ~:..~: ...-:'" ~"*' I Prepare & mail hearing notices if:>>:-:<<-::::"'::~~-:':::::'::::::'X<<::::::::<<::::>>--:::::-:-:::-:-:':':-:::-:::':':::::::<<%":::':-::~::::::::::::::'::::x-:':::::':::::::::.::':::::::::::-:::::::-;::::::::::::::::-:.x::::.:x: :::::.::;.::::-:::-~:':.x Certify assessment to County Auditor 8 :-:-:-:-:<<:::>>:.,.:-:-:-:::-:-:-:;>>:::::.:.:*:<<-:-:-:<<<<<<.::::::::>>>>:.:-:::<<*:.:-~~:::x::-:-:<<.:-:::x-:<<<<<<-: ~.~:-::::.--:-:;:-:<<<<::::*::;: :.:.:.' :-:.;.:. .':-:.: ~h: Accept bid and authorize contract ::-:<<::-:<<<~<<::-:::-:-::::>>~;>>:-:<<-:<<......,. ..... ....::-: '.'~~"::'~:: Accept work & call for final hearing on pro- 1~:. posed assessments ;~l ;.:::;:: :::;"":::;,,:::::~::>>:-::::::::,,,;:::x::::"':<<:".(.x::x~<<-:~':::':::::::-:::<<::-:-:::-:-::>>::::::::::::>>':-:-:;::::"<<=-:<<:=--.;:-:w:::::<<::::::<<:::>>X::::<<<<::o:::-=<<:::::::;:::; ~:;::: ::::;:;: Hold fInal assessment public hearing and adopt assessment roll . . B.. Preparinli: the Feasibility Study An improvement project which is initiated by action of the City Councilor by a 35% petition may be ordered only after a public hearing. Prior to adopting a resolution calling a public hearing on an improvement, the Council must secure from the City Engineer a report advising it in a preliminary way as t,o: 1. Whether the proposed improvement is feasible; 2. Whether the proposed improvement is consistent with Capital Improvement Plannino' 0' 3. Whether the improvement should be made as proposed or in connection with some other improvement; 4. The estimated cost of the improvement; 5. A proposed project schedule; and 6. Any other information thought pertinent and necessary for complete Council consideration. c. Holdin~ a Public Hearinli: on the Improvement Improvement projects which are initiated by a 100% petition may be ordered by the City Council without a public hearing if the City Council determines the project may be undertaken without unreasonable changes to the Capital Improvement Finance Plan. or the petitioning property owners agree to pay 100% of the cost of the improvements. 9 In the case of a Council - initiated project or petition of less than 100% of abutting property owners, the Council must adopt a resolution calling a public hearing on the improvement project for which mailed and published notices of the hearing must be gIven. The notice of public hearing must include the following information: 1) The time and place of hearing; 2) The general nature of the improvements; 3) The estimated cost; and 4) The area proposed to be assessed. Not less than ten (10) days before the hearing, the notice of hearing must be mailed . to the owner of each parcel in the area proposed to be assessed. The notice of public hearing must be published in the City's legal newspaper at least twice, each publication being at least one. week apart, with the last publication at least three (3) days prior to the hearing. At the public hearing, the contents of the feasibility study will be presented and discussed with the intent of giving all interested parties an opportunity to be heard and their views expressed. D. Orderinl: the Improvement and Orderinl: Preparation of Plans & Specifications .' Following a public hearing a resolution ordering the improvement may be adopted at any time within six (6) months after the date of the hearing by a four-fifths (4/5) vote of the City Council, unless the petition was initiated by a 35% petition in which event it may be adopted by a majority vote. The resolution may reduce, but not increase, the extent of the improvement as stated in the notice. At this time a special assessment is considered to be "pending" for all assessable properties in the improvement area. 10 . . After the order of an improvement project, the City Council must order the preparation of plans and specifications which may be included as part of the resolution ordering the improvements. When the Council determines to make any improvement, it shall let the contract for all or part of the work, or order all or part of the work done by day labor, no later than one (1) year after the adoption of the resolution ordering such improvement unless a different time limit is specifically stated in the resolution ordering the improvement. E. Advertising for Bids If the estimated cost of the improvement exceeds $25,000, bids must be advertised for in the legal newspaper and such other papers and for such length of time as the City Council deems desirable. If the estimated cost of the improvement exceeds $100,000, the advertisement must be in a paper published in a first class city, or in a trade paper, not less than three (3) weeks before the last date for submission of bids. The notice must contain the following information: 1. The work to be done; 2. The time when bids will be publicly opened, which must be not less than ten .(10) days after the first publication of the advertisement when the cost is less than $100,000, and not less that three (3) weeks after publications in all other cases, and 3. A statement that no bids will be considered unless they are sealed and accompanied by cash, a cashier's check, bid bond or certified check for such percentage of the bid as specified by the City Council. 11 F. Awardin2 Contracts Following receipt of the bids, the City Council must either: 1. Award the contract to the lowest responsible bidder; or 2. Reject all bids. The contact must be awarded no later than one (1) year after the adoption of the resolution ordering the improvement unless that resolution specifies a different time ~. . The City Council may purchase the materials and order the work done by day labor or in any manner it deems proper if: 1. The initial cost of the entire work does not exceed $25,000; 2. No bid is submitted after advertisement; or 3. The only bids are higher than the engineer's estimate. . G. Preparin~ Proposed Assessment Roll After the expenses incurred or to be incurred in the completion on an improvement have been calculated as defined in Section VI-C Project Costs, the City Council must determine the amount it will pay and the amount to be specially assessed. The City Engineer and Administrator/Clerk must calculate the amount to be specially assessed against every parcel of land benefitted by the improvement. The area to be assessed may be less than, but not more than, the area proposed to be assessed as stated in the notice of public hearing on the improvement. The assessment roll should contain a description of each parcel of property and the assessment amount including any 12 deferred assessments. The assessment roll must be filed with the City Administrator/Clerk and be available for public inspection. H. Holdin2 Public Hearin2 on Proposed Assessments A public hearing on the special assessments must be held following published and mailed notice thereof. The notice of the assessment public hearing must include the following information: . 1. The date, time and place of the meeting; 2. The general nature of the improvement; 3. The area proposed to be assessed; 4. The total amount of the proposed assessment; 5. . 6. 7. That the assessment roll is on file with the Clerk; That written or oral objections will be considered; That no appeal may be taken as to the amount of assessments unless a written objection signed by the affected property owner is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing; and 8. That the owner may appeal the assessment to the district court by serving notice on the Mayor or City Clerk within three (3) working days after the adoption of the assessment and filing notice with the court within ten (10) days after such appeal to the Mayor or the City Clerk. The notice of the assessment hearing must be published in the legal newspaper at least once, not less than two (2) weeks prior to the hearing. 13 The City Clerk must mail notice of the assessment hearing to the owner of each parcel described in the assessment roll at least two (2) weeks prior to the hearing. The mailed notice must also include, in addition to the information required to be in the published notice, the following information: 1. The amount to be specially assessed against that particular lot, piece or parcel of land; 2. The right of the property owner to prepay the entire assessment and the person to whom prepayments must be made; . 3. Whether partial prepayment of the assessment has been authorized by ordinance; 4. The time within which prepayment may be made without the assessment of interest; and 5. The rate of interest to accrue if the assessment is not prepaid within the required time period. I. Adopting the Assessments . At the assessment hearing or at any adjournment thereof, the City Council may adopt the assessments as proposed or adopt the assessments with amendments. If the adopted assessment differs from the proposed assessment, the clerk must mail the owner a notice stating the amount of the adop~ed assessment. The adopted assessment roll shall include any and all deferments on large or unplatted parcels of land along the City's street system. 14 . .. J. Transmitting Assessment.to County Auditor After the adoption of the assessment, the City Clerk must transmit a certified duplicate copy of the assessment roll, including all deferred equivalent residential units, to the County Auditor. 15 SECTION VI - SPECIAL ASSESSMENT POLICIES It is the policy of the City of Shorewood that all properties shall pay their fair share of the cost of local improvements as they benefit. It is not intended that any property shall receive the benefits of improvements without paying for them. These policies relate to street reconstruction projects. A. Establishine an Annual Rate An annual assessment rate shall be established by the end of February by City . Council Resolution upon recommendation of the City Engineer. The City Engineer shall undertake a study to determine the per foot project cost of a "typical" 24 foot, rural cross section street (with no curb and gutter), in the metropolitan area, adjusted for typical Shorewood soil conditions (see appendix B). When determining an annual rate with construction costs of the previous construction season the construction cost index as published by the "Engineering News Record" or consumer price index may be used. The annual Assessment Rate Resolution is appendix C of this document. B. Assessable Street Reconstruction Projects . Street reconstruction projects are not likely to require the same amount of work throughout the entire length of the project. That is, some sections may need to be fully excavated and back-filled while other sections may need simple reshaping. It is the policy of the city that a project is assessable when it's aggregate cost is estimated to be at least 150% of a simple 2 inch overlay project. 16 . . C. Project Costs Project cost shall include, but not be limited to, the following: A. Total Construction cost including intersections B. Engineering fees C. Administrative fees D. Right-oi-way / easement acquisition/condemnation costs E. Legal fees F. Fiscal Fees G. Capitalized interest D. Term of Assessment Assessments for street reconstruction should be assessed for a ten (10) year period unless the City Council determines that some other period of time is more appropriate. E. Government Owned Properties Properties belonging to government jurisdictions, including the City, will be assessed the same as privately owned property. 17 F. Non-developable Land Special Assessments shall not be levied on properties deemed unbuildable due to the existence of: undeveloped lands lying wholly and completely within zoned wetlands, flood plains, DNR protected wetlands ~nd/or having restricted soils as determined by the City Building Inspector. However, all parcels of land are assumed . to be buildable until proven otherwise by the owner. G. Interest Rate . The interest rate charged on assessments for all projects financed by debt issuance shall not exceed two percent (2%) of the net interest rate of the bond issue. This is necessary in order to insure adequate cash flow when the City is unable to reinvest assessment prepayments at an interest rate sufficient to meet the interest cost of debt or when the City experiences problems of payment collection d~linquencies. In the event no bonds are issued then the rate of interest on assessments shall not exceed two (2) percent greater than the average rate of interest on all bonds issued in the previous calendar year or the current market municipal bond rate. Interest on initial special assessment installments shall begin to accrue from the date of the resolution adopting the assessment. Owners must be notified by mail of any changes adopted by the City Council regarding interest rates or prepayment requirements which differ from those contained in the notice of. the proposed assessment. . H. Payment Procedures The property owner has four available options when considering payment of assessments: 1. Tax Payment - If no action is undertaken by the property owner, then special assessment installments will appear annually on the individual's property tax statement for the duration of the assessment term. 18 2. Full Payment - No interest will be charged if the entire assessment is paid within 30 days of the date of adoption of the assessment roll. In the initial year, the property owner may at any time between that date and November 15, prepay the balance of the assessment with interest accrued to December 31 of that year. 3. Partial Payment - The property owner has a one-time opportunity to make a partial payment reduction of any amount against his\her assessment. This option may only be exercised within the 30-day period immediately following adoption of the assessment roll. . 4. Prepayment - The property owner may, with the exception of the current year's installment of principal ~nd interest, pay the remaining assessment balance at any time, prior to November 15 without further interest charges. Thereafter, the next installment, with interest through December 31 of the following year, will be levied for collection with the real estate taxes payable the ensuing year. The principal balance will be reduced by the amount of the installment. . I. Appeal Procedures No appeal may be taken as to the amount of any assessment adopted unless a written objection signed by the affected property owner is filed with the City Administrator's office prior to the assessment hearing or presented to the presiding officer at the hearing. The property owner may appeal an assessment to District Court by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within 10 days after service of the appeal upon the Mayor or City Administrator. 19 J. Reapportionment Upon Land Division When a tract of land against which a special assessment has been levied is subsequently divided or subdivided by plat or otherwise, the City Council may, on application of the owner of any part of the tract or on its own motion, equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if it determines that such apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. The City Council may require furnishing of a satisfactory surety bond in certain cases as specified in Minnesota Statutes Section 429.071, Subd. 3. Notice of the apportionment and of the right to appeal . shall be mailed to or personally served upon all owners of any part of the tract. In most cases, dividing the assessment balance evenly on a unit or lot basis would result in an equitable apportionment. If equitable in a particular case, such a procedure would be most practical and administratively effective. . 20 SECTION VII - ASSESSMENT METHOD Once an assessment rate has been established for the year, that rate will be utilized for each project, no matter the width, design, or type of street being reconstructed. . The City Council may utilize one of two methods of assessment for each project, "unit" or "front foot". The City Engineer shall recommend the method and prepare the proposed assessment roll based upon which method results in the most fair and equitable assessment roll for that project. The unit method is to be utilized when the front footage of the assessable properties are of relatively equal length or the benefit to the properties is similar. The front footage method is to be utilized when there is a significant differential in the front footage, . or benefit, of the assessable properties. A. Unit Method . The unit method of assessment is most commonly used when the benefitting properties are of similar benefit, but not necessarily similar geometry. For instance, road reconstruction along a particular road will likely benefit the several properties on a private drive as much as it benefits those properties directly abutting the road being improved. In such a case, simply assessing the abutting front footage would not be equitable. .. A unit assessment shall be derived according to the following formula: Annual.assessment rate X project length X 0.33 / number of assessable units. The number of assessment units assigned to each parcel of land within the assessment area shall be equal to the maximum number of potential lots which could be possible on that parcel as determined by the City Planner. A lot shall be defined in accordance with the City's Zoning Ordinance. 21 Corner lots shall typically have one-half (0.5) of its assessable units applied to each street. However, the entire number of assessable units can be assessed in conjunction with the street improvement project done first. This approach would normally be taken where a single lot derives a majority of benefit from the reconstruction of the first project due to lot, driveway, and home location. B. Front Foota::e Method The actual physical dimensions of a parcel abutting a street reconstruction project shall NOT be construed as the frontage utilized .to calculate the assessment for a particular parcel. Rather, an "adjusted front footage" will be determined. The front . footage assessment rate shall be derived according to the following formula: Annual assessment rate X project length X .33 / total adjusted front footage. The purpose of this method is to equalize assessment calculations for lots of similar size. Individual parcels by their very nature differ considerably in shape and area. The following procedures will apply when calculating adjusted front footage. The selection of the appropriate procedure will be determined by the specific configuration of the parcel. All measurements will be scaled from available plat and section maps and will be rounded down to the nearest foot dimension with any excess fraction deleted. Categorical type descriptions are as follows: 1. Standard Lots 6. Irregularly Shaped Lots 2. Rectangular Variation Lots 7. Corner Lots 3. Triangular Lots 8. Flag Lots and Back Lots 4. Cul-de-sac Lots 9. Double Frontage Lots 5. Curved Lots . The ultimate objective of these procedures is to arrive at a fair and equitable distribution of cost whereby consideration is given to lot size and all parcels are comparably assessed. 22 ~. Stancard L~ts. In ~~is instance, ~~e adjusted front footage tor rectangular lots ~ilJ be t~e actual front footage Of t~a lot. The frontage measured shall be t..~e lot widt."l at. t.i.a ~=ont lot line. MAIN': AVEl'JLE ~O' 90' A oS Adj. Front Footage ::x."l....~US Let A-50' Lot 3.- 90' 2. Rectancrula!' Va!"iation !Jots 0 For a lot which is approxi~ately rectangular and unifo~ in shape, the adjustaci . front tootageis computed by. averaging the front -and back sides of the lot. This method is used only where the divergence bet-..;een front and rear lot lines is 20 feet or less. . MAN AVEN-E 90' 7d A 8 ltO' 80' Adj. Front Footage EXA.'fP!2S L:lt A 90 - 110 - lOa' ... ~ Lot B 70 - 80 = is' ~ . 3. TrianC"'"..!lar Lets 0 For a triangular shaped lot, the adjusted front: footage is computed by averaging the front and back lot lines.. The measurement at the back lot line shall not exceed a maxi~um distance in depth of 150 feet. MAIN AVENUE :~ 100' I~O' _L~ Adj. Front Footage EX-:u-!P!.ES Lot A - 100 + 40 - 70' 2 Lot E - 40 + 1:30 = 85' 2 Lot C - 120 .;. 0 =- 60 ,. 2 23 4. Cul-de-sac Lots. The adjusted front footage for those lots that exist on cul-de-sacs will be calculated at the building line as defined by the Shorewoo~ Zoning O~dinance. 8 110' Adj. Front Fcotage E~'?T'.~S Lot- A - LotE Lot C - 75' 110' 80' . 5. Curved Lots. In certain situations- such as those where lots are located along curved streets, road patterns create curvilineal frontages. In such instances the adjusted front footage will be the width of the lot measured at the midpoint of the shortest si~e lot line. A: 24 - . "-... 7~' -.. 8 90' . Adj. Front Footage EXA..'I.!:?US Lot A - LotE Lot .c 70' 90' 1.5 0 ' "- 6. ~rreqularlv Shaped Lots. In many cases, unplatted parcels that are legally described by a metes and bounds description are irregular and oddly shaped. The adjusted front footage will be calculated by measuring the lot width at the building setback line based upon the zoning district in which the lot is located. .: SBL, -1 MAIN AVENUE Adj. Front.Footage E:u.~?!2S LOt A-lIS' Lot 13 - 140' Lot C - 125' . SBL = Setback Line 7. Corner !.<lts. . a. Residentially Zoned Corner I..ots. The adjusted f=ont footage will be assessed on the short side. A 150 foot side lot allowance credit will apply a~ong ~~e ~djacent side street. Any remaining frontage w~ll const~tute an additional assess~ent. The short sid~ will be assessed in those caseS where t..'1e improve~ent may exist on one side only as well as for improvements abutting on bo~'1 sides. ' Adj. Front Footage E~!.ES I..ot A - 9 5 f Lot 13 - 225' A -~ en -~. - 8 I I I I I I I I I I I 100' 12.5' 150' 'AVENLE MAN 25 7. Commercial Zoned Corner Lots. b. No allowance relief will be granted because of the higher inherent property value associated with improved traffic frontage and greater visibility along business district intersections. The adjusted front footage shall be the entire frontage measured along the setback line comprising the building envelope. Adj. Front Footage EX.~1,fPUS , _ I J I J J . ''25 .. 1 or A ~t I 13d r ----- - -----. a, N Lot A Lot B 280' 390 " , r I ~1 I I I. .!2 . .0 ~ 8 1- 27~' L___________~______~ I 1~1 MAN )J AVEN..E: I ' I ::00' 8. Flaq lots and back lots. Properties which utilize a narrow private easement or maintain ownership of access to their property exceeding. a minimum length of 125 feet, thereby 'having a small frontage on a street, will be assigned an adjusted front footage based on the minimum lot width for the zoning district in which it is located. This dimension is consistent', with the zoning ordinance which prescribes such length as the minimum lot width along a public roadway. The adjusted front footage for flag lots whose driveway access is under 125 will be measured at the building setback line from the access terminus. 2d MAIN /SN'E. Adj. Front Footage E;o~~!.:ES A I ~ 8 Lot A Lot B SO I. 90' "0 ~ 170' ~ 26 . . 9. Double F~ontace Lets. It a parcel, ot~ar ~~an a c=~e= lot cO:1prises !ront~ge on t....o streets and is eligible :o~ subdivision, ~~en an adjusted tr9nt rootage assess:ent ~ill be .charged along eac:,. street. For double frontage .lots lackinq t.."le necessary deptb. to::, subdivision, only a single adjusted tront tootage will be cO:1putad. MA!N Ave.. 110' Adj. Front Footage EX.~1.!PUS MArN AVE. 80' Lot A. - 220' Lot: B - a 0 ' .~ A l"- (1.1 .0 N B 110' . Zi SECTION VIII - DEFERRED ASSESSMENTS The City Council may defer Special Assessments: 1. On portions of large tracts of land as allowed in this chapter so as to minimize the influence of the proposed improvement on the development of said land. 2. On homestead property owned by a person who qualifies under the hardship criteria set forth below. Procedure . The property owner shall make application for deferred payment of special assessments on a form prescribed by the Hennepin County Auditor and supplemented by the Shorewood City Administrator. The application shall be made within 30 days after the adoption of the assessment roll by the City Council and shall be renewed each year upon the filing of a similar application no later than September 30. The City Administrator shall establish a case number for each application; review the application for complete information and details and make a recommendation to the City . Council to either approve or disapprove the -application for deferment. The City Council by majority vote, shall either grant or deny the deferment and if the deferment is granted, the City Council may require the payment of interest due each year. Renewal applications will be approved by the City Administrator for those cases whereby the original conditions for qualifications remain substantially unchanged. If the City Council grants the deferment, the City Administrator shall notify the County Auditor who shall in accordance with Minnesota Statutes, Section 435.194, record a notice of the deferment with the County Recorder setting forth the amount of assessment. 28 Interest shall be charged on any assessment deferred pursuant to this Section at a rate equal to the rate charged on other assessments for the particular public improvement projects the assessment is financing. If the City Council grants an assessment deferral to an applicant, the interest may also be deferred, or the interest may be due and payable on a yearly basis up until the assessment period terminates and only the principal is deferred. The decision as to whether the principal and interest or just the principal is deferred is decided by the City Council when considering the application. A. Larjle Tracts of Land . Upon application, the City Council may defer the assessments on large tracts of land that may be subdivided or developed in the future. It is the intent of this policy to grant deferments of special assessments to large tracts so as to minimize the influence of the proposed improvement on the premature development of said land. The deferment granted pursuant to this section may be of indefinite duration subject to the occurrence of: . The subdivision of the property resulting in the creation of a new, buildable lot . . If the City Council determines there is no continuing need for the deferment B. Conditions of Hardship 1. Any applicant must be 65 years of age, or older, or retired by reason of permanent and/or total disability and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant, and, 2. The annual gross income of the applicant shall not be in excess of the income limits asset forth by family size in Hennepin County's Section Eight guidelines. Calculation of the total family income shall be determined by the summation 29 of all available income sources of the applicant and spouse. Income specified in the application should be t,he income of the year proceeding the year in which the application is made, or the average income of the three years prior to the year in which the application is made, whichever is less, and, 3. The special assessments to be deferred exceed $1,000.00. 4. Permanent and/or total disability shall be determined by using the criteria established for "permanent and total disability" for Workman's Compensation, to wit: a. The total and permanent loss of the sight of both eyes. . b. The loss of both arms at the shoulder. c. The loss of both legs so close to the hips that no effective artificial members can be used. d. Complete and permanent paralysis. e. Total and permanent loss of mental faculties. . f. Any other injury which totally incapacitates the owner from working at an occupation which brings him \her an income. An applicant must substantiate the retirement by reason of permanent and/or total disability by providing a sworn affidavit by a licensed medical doctor attesting that the applicant is unable to be gainfully employed because of a permanent and/or total disability. 30 C. Termination of Hardship Deferment The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of anyone of the following events: The death of an owner when there is no spouse eligible for deferment. The sale, transfer, or subdivision of all or any part of the property. Loss of homestead status on the property. Determination by the City Council for any reason that there would be no hardship to require immediate or partial payment. Failure to file a renewal application within the time prescribed in A. above. The end of the term of the original special assessment. . Upon the occurrence of one of the events specified in this section, the City Council shall terminate the deferment. Thereupon the City Administrator shall notify the County Auditor and County Assessor of the termination, including the amounts accumulated on unpaid principal installments, plus any applicable interest, which shall become due and payable as a result of the termination. The City Administrator may negotiate and establish a payment schedule on the principal and interest owed after the deferment terminates. Nothing herein .shall be construed to prohibit the City Council from considering an application of hardship on the basis of exceptional and unusual circumstances which are not covered by the standards and guidelines as set forth in this ordinance. This consideration and determination must be made in a non-discriminatory manner so as not to give the applicant an unreasonable preference or advantage over other applicants. 31 APPENDIX. MAYC;:; Bara 3ranc:so C::UNC: :. Kr.u. 5:0....' Baa G.qn.. Rao O..ugne'r, Can.., I.""", CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331 . (612] 474.3236 MEMO TO: Mayor and City Council FROM: street Reconstruction Financing Task Force Members: ...Robert McDougal, James Finstuen, and Robert Shaw Kristi stover, Council Liaison Robert Bean, Planning commission Liaison James c. H~, City Administrator Joel Dresel, City Engineer Al Rolek, Finance Director . DA.TE: Au~st 18, 1992 Final Report RE: .This report is the result of the charge assigned the street Reconstruction Financing Task Force in the "Purpose" and "Objectives'" portion of Resolution No. 54-92 dated June 8, 1992. The Task Force met on June 24th and 30t..~; July 11th and 28th; and August 11th. The Task Forces conclusions are as follows: Obiective 1 - Define a reconstructed street. . The Task Force defines maintenance as patching, seal-coating, and overlay. Reconstruction is defined as any street improvement over and above these maintenance functions. When the City.determines th.at a street should be reconstructed it would be rebuilt to its current width. Current widt..~ could be adjusted by the City Council upon request of t..~e property owners or.by the Council following public hearing if traffic counts or safety considerations suggest w~der street is warranted. The Task Force broke the streets down into four categories: 1) MSA/Collector 28'+ Curb & Gutter 2) Standard Local 24'+ Curb & Gutter where necessary 3) Substandard Local 20-24' CUrb & Gutter where necessary 4) Other Less t..~an 20' curb & Gutter where necessary . A Residenr:ial Cammunir:y an Lake Minner:onka's South Shore Ob;ective 2 - Review street reconstruction needs and review funding options. The Task Force deter:ined ~~at ~~e only two feasible funding sources are from t..~e City's general fund and from special assess~ents to abutting property owners. Projections show that replacing streets on a forty year cycle would be a tremendous drain on the City's general fund. Ob;ective 3 - Develop a program to match projected revenues with projected needs. It is very difficult to project when a street is going to brea~ up. Perhaps a pavement management system could be utilized to attempt to make better proj ections of street needs. The Task Force however believes that it is likelv t...~at t...'1e needs in t..~e foreseeable future . will be greater than our cUrrent revenues will handle. Ob; ecti ve 4 - Propose a fair and equitable method and procedure of financing reconstruction of streets. The Task Force recommends t...~at an assessment procedure be established for the reconstruction of streets. We found in our analysis that utilizing only general funds results in high valued properties paying a disproportionately high portion of street improvement costs throughout t..'1e city. Some form of special assessments to pay for street improvements is very standard in municipalities throughout the state of Minnesota. A special assessment procedure would require a public hearing. This qives the property owner a formal way to offer input into the reconstruction of the street. In addition there is a fairness argument to consider. Should a resident who just paid for a new street be required, through .the general property taxes, to pay for . street improvements throughout the city for the next forty years? Perhaps those residents who abut a street which is being approved should be required to pay a percentage of that improvement. The Task Force recommends that the. ,'soecial assessment rate be established at 33 percent of the costs of a standard 24 foot street width a rural cross-section (no curb and gutter). Each resident, no matter which of the four categories they would fall, would be required to pay this same rate established annually by the city council after study and recommendation by the City Engineer. That means that in any one year any street of the City which is being reconstructed whether it be a 28 foot MSA road with curb and gutter, or a 20 foot local road with no curb and gutter would pay the same rate. Again it is worth noting that any changes to the current width or .street sta~dard would have to be made by the city council only after p~lic hear~ng. 2 The last question considered by the Task Force was "Method of Assessment". In establishing a policy for this it is recommended that . the guiding principle should be: special assessments may be levied only upon property receiving a special benefit from the improvement. In Minnesota, the Constitution and courts apply this general rule by placing the following limitations upon the power to levy special assessments: ~) the rate must be uniform and equal upon all.property receiving special benefit: 2) the assessment must be confined to property.. specially benefited; and 3) the amount of the assessment must not exceed the special benefit. . A survey of methods used by municipalities similar in nature to Shorewood indicated that some have chosen to determine the "Method of Assessment" on a project basis in view of the fact that the "Front Footage" method may be most equitable in some cases and the "Unit.. method in others. Following in depth discussion the Task Force recommends that the City of Shorewood and its citizens and property owners would be best served by choosing this course. In doing so, it would be necessary to develop policies for applying both methods. It is the opinion of the Task Force that its assignment as defined in Resolution No. 54-92, has been satisfied in his report. . a1/taskforce..st 3 L 2/. Drawn By: P.S.H. OSM.orr Schelen Wayeron Sc Associates. Inc. EnllDen~ _ Architect. _ Plannen - Suueyon 300 Pork Pleee Cent.r _ 5775 W.y,..t. Boul...rd IIlnneopollo. ilK 554111.1228 - 1112.5811-5775 Date: 2-4-93 APPENDIX B-1 50' R/W J 24' 4" TOPSOIL 2.% 1'12" BITUMINOUS WEAR COURSE W / ROLLED BIT. CURB 3" BITUMINOUS BASE COURSE 6" CLASS 5/GRAVEL (1001. CRUSHED) BASE COURSE l' SUBCUT W / SELECT GRANULAR BACKFfLL GEOTEXTILE FABRIC NO SCALE Drawing Title Comm. No_ TYPICAL SECTION FOR ASSESSMENT PURPOSES PER ORDINANCE Sheet no. APPENDIX B- 2 L 50'R/W J I I I I 24' _~" TOPSOIL . 21. 2% ~ 4 \I TOPSOIL \ r . 1 \0 4~ ---:J ~..:.: SUB-DRAINJ - 1Y'2" BITUMINOUS WEAR COURSE 3" BITUMINOUS BASE COURSE . 6" CLASS 5/GRAVEL (1001. CRUSHED) BASE COURSE l' SUBCUT W / SELECT GRANULAR BACKFILL , GEOTEXTILE FABRIC NO SCALE Drown By: Drawing Title Comm. No. P.S.H. ~\\ Orr Schelen TYPICAL SECTION FOR Wayeron 8t Dote: Associates. Inc. ASSESSMENT PURPOSES Sheet no. En,ln"n _ Arebllec:b _ Plannen _ SurveJon 2-4-93 300 Part Place Ceuler _ :;775 lfayzala Boule..rd ALTERNATE WI SUB-DRAIN IIluDe.poU.. 1111 :;5418'1228 _ 812.:;ll:>.577:> CK NO CHECK APPROVAL LISTING FOR MARCH 10, 1993 COUNCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE FEBRUARY 18, 1993 10994 10995 10996 10997 10998 10999 11000 11001 11002 11003 &1004 ~005 11006 11007 11008 11009 '11010 11011 11012 11013 11014 11015 11016 11017 11018 11019 11020 .1021 1022 11023 11024 11025 11026 11027 11028 11029 11030 11031 11032 11033 11034 11035 11036 11037 11038 11039 11040 11041 11042 (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) Void Fina Fleet Fueling Jack/Katherine Holmes Cellular Telephone Co. Mn Pollution Control Northern States Power Petty Cash Superamercia US West Communications Steven Wigness Bellboy Corporation Griggs, Cooper and Co. Johnson Brothers Liquor Mn Bar Supply North Star Ice Northwest Typewriter Ex Ed Phillips and Sons Quality Wine/Spirits Thorpe Distributing City cty Credit Union Mn Department of Revenue Void First State Bank Commiss of Revenue Pera ICMA Retirement Trust child Support Enforcemt Anoka cty supt/Collectn Wendy Davis State of Minnesota Susan Niccum Bradley Nielsen Joseph Pazandak Pepsi Cola Company Alan Rolek WMI Svcs of Mn united Creditors Allian. Bellboy Corporation Day Distributing Griggs, Cooper and Co. .... Johnson Brothers Liquor Pepsi-Cola Company Ed Phillips and Sons Quality Wine/Spirits Thorpe Distributing Void Pera Medcenter Health Plan Medica Choice CONTINUED NEXT PAGE Gasoline purchases Final bill overpaYment Cellular phone air time Truck emissions tests utilities City hall/office supplies Gasoline purchases Telephone services Gagne party entertainment Liquor purchases Liquor,wine,misc purchases Wine purchases Misc and supplies purchases Misc purchases Supplies Liquor and wine purchases Liquor and wine purchases Beer and misc purchases Payroll deductions January sales tax 300.57 14.28 10.92 24.00 2,115.38 49.84 648.01 48.93 40.00 2,217.36 6,525.65 436.33 118.40 60.00 13.00 1,846.73 899.05 5,896.60 970.00 7,858.70 Payroll deductions 6,239.58 Payroll deductions 1,049.95 Payroll deductions 2,097.38 Payroll deductions 654.93 Payroll deductions 87.50 Payroll deductions 110.59 Sec 125 reimbursement 140.00 Haz chemical fee statement 125.00 Sec 125 reimbursement 209.00 Sec 125 reimbursement 240.00 Mileage 39.84 . Pop machine rental 10.65 Sec 125 reimbursement 99.60 Warming house rental 150.00 Annual fee 25.00 Liquor purchases 1,806.84 Beer and misc purchases 1,538.55 Liquor, wine,misc purchases.. ......1,710,34 . Liquorand'winepurchasesic:~':",;"""l ,460.05.1.. Misc purchases .. ~118:70 Liquor and wine purchases 1,564.55 Liquor and wine purchases ,040.51 Beer and misc purchases 248. 0 Emp-ee addtl life March health insurance March health insurance 2:00 1,021.40 4,383.16 -1- CK NO CHECK APPROVAL LISTING FOR MARCH 10, 1993 COUNCIL MEETING TO WHOM ISSUED PURPOSE CHECKS ISSUED SINCE FEBRUARY 18, 1993 (CONTINUED) 11043 11044 11045 11046 11047 11048 11049 11050 11051 11052 11053 11054 11055 11056 11057 11058 11059 11060 11061 11062 11063 11064 11065 11066 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) Group Health Inc. League of Mn cities Mn Mutual Life Commercial Life Ins Co AFSCME Council 14 Wendy Davis Mr. Don Fisher James Hurm Metro Waste Control Cellular Telephone Co. Minnegasco Northern States Power US West Bellboy Corporation Griggs, Cooper and Co. Hoops Trucking Johnson Brothers Liquor Mn victoria oil Co. Harry Niemela Ed Phillips and Sons Quality Wine/Spirits Ryan Properties Minnesota North Stars Paine Webber March health insurance March dental insurance March disability insurance March life insurance March Delta dental insurance Mileage Release of escrow Mileage/expenses Feb SAC charges Cellular phone air time Utilities utilities Telephone/advertising svcs Liquor purchases Liquor and wine purchases Liquor and wine purchases Liquor and wine purchases Fuel oil March rent store 1 Liquor and wine purchases Liquor and wine purchases March rent store 2 GFOA tickets Additional investment TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED AMOUNT 1,192.44 403.00 85.50 50.15 224.00 24.64 1,000.00 45.75 2,227.50 64.39 1,871.33 2,459.29 . 1,039.34 555.91 1,839.90 210.00 3,238.12 167.70 1,664.00 921. 69 322.50 2,400.00 184.50 .1.493.81 33,288.15 47.704.98 . 80.993.13 -2- CK NO . ..:--.. CHECK APPROVAL LISTING FOR MARCH 10, 1993 COUNCIL MEETING CHECKS FOR COUNCIL APPROVAL TO WHOM ISSUED 11067 11068 11069 11070 11071 11072 11073 11074 11075 11076 11077 .1078 1079 11080 11081 11082 11083 11084 11085 1108-6 11087 11088 11089 .1090 1091 11092 11093 11094 11095 11096 11097 11098 11099 11100 11101 11102 A/G Electric American Natl Bank Earl F. Andersen & Assoc City of Chanhassen ChanhassenLawn/Sport Champion Auto Doboszenski & Sons Eden Prairie Ford City of Excelsior Hance Hardware Hennepin County Hopkins Parts KAR Products Knox Commercial Credit Knutson Services Lake Business Supplies Lk Mtka Cable Commiss Larkin, Hoffman, Daly and Lindgren, Ltd. Life and Safety M-V Thermogas Metro Area Mgmt Assoc. Midwest Business Prod. Commiss of Transportatn State of Minnesota Minnetonka Country Club Mn Sun Publications MTI Distributing Northern States Power Oil-Air Products, Inc. Orr, Schelen, Mayeron, and Associates Pepsi Cola Company Peterson Enviro Consult Pitney Bowes Rouse Mechanical Time Savers 'Tonka Auto/Body Supply CONTINUED NEXT PAGE PURPOSE Electrical services GO 9/1/80 bond fees Street signs Storm water charge ' Chain saw supplies Vehicle maint supplies PaYment voucher #2 Vehicle maint supplies 4th qtr water Maintenance supplies Homestead supplies Vehicle maint supplies Plow maint supplies PW site supplies Feb recycling services Office supplies Mtg tapes/plaque January legal fees general 3490.90 park ref 333.80 pw site 190.50 church rd 1577.78 mwcc 603.00 First aid supplies Utilities Luncheon meeting Office supplies Re-Iamping svcs State agency services book Gagne retirement party PUblishing Carburetor kit Plow damage to equipment Vehicle maint supplies January engineering svcs developmental 1016.35 general 5878.76 pw site 964.50 old mkt rd 3907.98 church rd 549.23 lift stns 598.50 City hall pop suppl Litigation services Postage machine supplies Overhead exhaust system Planning commiss minutes Equipment maint supplies AMOUNT 277.66 50.00 157.62 21. 42 7.86 17.64 26,394.80 7.46 2,248.72 8.75 111. 04 340.39 145.79 145.28 3,893.40 9.14 111.72 6,195.88 11. 66 147.61 13.00 203.62 127.07 18.00 580.00 220.32 40.05 513.96 123.26 12,915.32 -3- CK NO CHECK APPROVAL LISTING FOR MARCH 10, 1993 COUNCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL (CONTINUED) 11103 11104 11105 11106 11107 11108 11109 Tonka Printing Turf Supply Co. Viking Safety Voson Plumbing West Hennepin Human witt Financial Ziegler, Inc. Council business cards Parks supplies Vehicle maint supplies City hall maint Svcs 1993 contribution Investment services Vehicle maint supplies 202.35 2,968.79 24.34 57.60 1,302.00 662.75 32.67 TOTAL CHECKS FOR APPROVAL 67,987.4. TOTAL CHECK APPROVAL LIST 148,980.53 . -4- CHECK APPROVAL LISTING FOR MARCH 10, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR FEBRUARY 23, 1993' PAYROLL 207078 Void 207079 (L) Scott Bartlett 17.5 reg hours 101.01 207080 (G) Randie Berg 77.5 reg hours 368.21 207081 (G) Eric Chiles 71. 25 reg hours 316.03 207082 (G) Jeff Chiles 54.75 reg hours 251.29 207083 (G) Charles Davis 80.0 reg hours 589.64 207084 (G) Wendy Davis 80.0 reg hours 70.16 207085 (L) Cory Frederick 50.0 reg hours 232.70 207086 (L) John Fruth 19.75 reg hours 105.64 207087 (G) Timothy Heiland 23.5 reg hours 113.94 207088 (G) Patricia Helgesen 80.0 reg hours 633.06 .07089 (G) James Hurm 80.0 reg hours 1,664.42 07090 (L) Brian Jakel 28.75 reg hours 159.87 207091 (G) Dennis Johnson 80.0 reg hours 775.31 207092 (L) Loren Jones 14.5 reg hours 73.74 207093 (L) Martin Jones 17.5. reg hours 71. 32 207094 CL) William Josephson 80.0 reg hours 630.22 207095 (L) Mark Karsten 42.5 reg hours 217.08 207096 (L) Sandra Klomps 4.0 reg hours 20.87 207097 (G) Douglas Koerting 19.0 reg hours 85.03 207098 (G) Jason Koerting 25.0 reg hours 126.98 207099 (G) Anne Latter 80.0 reg hours 859.36 207100 (L) Susan Latterner 37.25 reg hours 200.31 207101 (G) Joseph Lugowski 82.0 reg hours 772.69 207102 (L) Russell Marron 15.0 reg hours 74.61 207103 (G) Lawrence Niccum 82.0 reg hours 819.70 207104 (G) Susan Niccum 80.0 reg hours 702.26 207105 (G) Brent Nicolle 47.5 reg hours 222.83 <<07106 (G) Bradley Nielsen 80.0 reg hours 953.52 07107 (G) Joseph Pazandak 80.0 reg hours 1,033.73 207108 (G) Daniel Randall 80.0 reg hours 785.94 207109 (L) Brian Roerick 3.25 reg hours 18.76 207110 (G) Alan Rolek 80.0 reg hours 1,225.32 207111 (L) Brian Rosenberger 35.5 reg hours 184.73 207112 (L) Christopher Schmid 80.0 reg hours 404.27 207113 (G) Howard Stark 80.0 reg hours 665.90 207114 (G) Beverly Von Feldt 80.0 reg hours 579.74 207115 (G) Ralph Wehle 80.0 reg hours 634.17 207116 (L) Dean Young 80.0 reg hours 614.44 207117 (G) Donald Zdrazil 80.0 reg hours 1.189.45 TOTAL TOTAL LIQUOR 3.109.57 TOTAL PAYROLL 18.548.25 -5- CK NO CHECK APPROVAL LISTING FOR MARCH 10, 1993 COUNCIL MEETING TO WHOM ISSUED AMOUNT PURPOSE CHECK REGISTER FOR MARCH 1, 1993 PAYROLL 207118 207119 207120 207121 207122 207123 void Bruce Benson Barbara Brancel Robert Daugherty Daniel Lewis Krististover council Mayor council Council council 184.70 233.87 184.70 184.70 184.70 . TOTAL PAYROLL 972.67 . . -6- 11 CITY OF SHOREWOOD CITY COUNCIL CANVASS WEDNESDAY, MARCH 10, 1993 t COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:00 P.M. AGENDA 1. CONVENE CANVASSING BOARD A. Roll Call Benson Stover . Daugherty Lewis Mayor Brancel 2. REVIEW AND APPROVE THE LOCAL ELECTION RESULTS FROM THE PARK REFERENDUM ELECTION - MARCH 9, 1993 (Attachment - Proposed Resolution and Canvass Results) 3. ADJOURN CANVASS BOARD - RECONVENE INTO SPECIAL CITY COUNCIL WORK SESSION MEETING JCH.al 2/25/93 t ~ RESOLUTION NO. -93 A RESOLUTION ACCEPTING THE SPECIAL CITY OF SHOREWOOD PARK AND TRAIL IMPROVEMENT BOND REFERENDUM RESULTS WHEREAS, a municipal election was held on March 9,1993; and WHEREAS, the question was: May the City of Shorewood borrow money by selling its General Obligation Bonds in an amount not to exceed $900,000 to pay for the construction, betterment, and equipping of park, trail.and recreation facilities and related land; and WHEREAS, a count of the local municipal election was held on Tuesday, March 9, 1993, in Precincts I, IT, lIT, and IV of the City of Shorewood; and WHEREAS, said election results are officially contained in the tabulation attached hereto and made a part hereof as Exhibit A NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the tabulation of election count results for the Park Referendum election held on March 9, 1993, as contained in the tabulation attached hereto as Exhibit A, is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of March, 1993. Barbara J. Brancel, Mayor ATTEST: .::, James C. Hurm, City Administrator ~ {' CANVASSING BOARD RESULTS . . - For a Special City of Shorewood Park and Trail Improvement Bond Referendum Election held March 9, 1993, in the County of Hennepin, state of Minnesota. At an Election held in Precincts I, II, III, and IV, the following named proposition received the number of votes as indicated below: QUESTION: May the City of Shorewood borrow money by selling its General Obligation Bonds in an amount not to exceed $900,000 to pay for the construction, betterment, and equipping of park, trail and recreation facilities and related land? PCT I PCT II PCT III PCT IV TOTAL VOTES YES NO BLANK OR DEFECTIVE TOTAL # OF PERSONS WHO VOTED PER PRECINCT REG. VOTERS PER PCT. # BALLOTS COUNTED I, the undersigned Clerk of the City of Shorewood do hereby certify that all of the blue ballots cast at the Special Park and Trail Improvement Bond Referendum held on March 9, 1993, were carefully and properly piled, checked and counted, and that the number of votes marked opposite the respective names of the candidates or propositions, correctly shows the number of votes cast. The national flag was displayed on a suitable staff during all the hours of voting. signed: Title: Date: city of Shorewood, MN EXHIBIT A FOLLOWING THE CANVASS OF THE PARK REFERENDUM ELECTION THE CITY COUNCIL WILL CONVENE INTO A WORK SESSION FORMAT (Note: No Action to be Taken at this work session) CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MEETING WEDNESDAY, MARCH 10i 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD APPROXIMATELY 6:10 P.M. AGENDA 1. CONVENE WORK SESSION Roll Call Benson Stover Daugherty Lewis Mayor Brancel 2. ESTABLISH AND PRIORITIZE OBJECTIVES FOR 1993i1994 (Attachment) 3. ADJOURN WORK SESSION AND RECONVENE INTO THE REGULAR CITY COUNCIL MEETING JCH.al 2/25/93 MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236, ------ , ! MEMO TO: Mayor and City Council ~ FROM: James C. Hurm, City Administrator /~ DATE: March 5, 1993 RE: Council Work Session -Wednesday, March 10, 1993, at 7:15 p.m. (following Referendum Canvas) and r~convening after the regular meeting. Attachments: A. City Council Work Calendar B. Shorewood City Values , C. Statement of Purpose D. Partial List ,of Shorewood,Accomplishments in the year 1992. E. Issues facing the City in 1993. l i Preparing for the Work Session: 1)' Pl~ase review attachments A, B & c. Be ready to discuss and come to a concensus on any changes to these items, particularly the "V alues"~nd "Purpose" statements~ \ . \ -- " .. \, - , 2) Review attachment D. It can be helpful 'to 'review what has,-in ~fact,been'~ accomplished over the previQus twelve months. be prepared t~_add to the list of) >" ,accomplis4I1>ents. \~ . \ . . . ,'(i\ 4;\"~rf3n'~)'j.~~.~t;\:i Review attachinentE. "Add ,issues th~t you see facing the City in 1993.'c"Nterthis ' list has been complIed by'the Council at the work session, ~taff will offerJmput, iIlcluding e~timated staff time requirements for~ach issue. ';;~; ,;'ii: :'.i-:.";"'<: ') ,i ' , ' "\ (- ; \ '" >,.'2::,:i'{": ':,'-.t'/:~30;,> The City Council then will rate the identified issues onaj' scale 'of 1 to 5 (1 being not' urgent/not important to 5 being urgent/important), on an individual basis...then come toa ' Council concensus. The list should then be reviewed and adjusted keeping in mind time constraints. ' A Residential Community on Lake Minnetonka's Sou~h" Shore ' CITY COUNCIL WORK CALENDAR PHASE 1. Planning December, January, February, March . Evaluations . Review Work Agenda of Previous Year. . Review the Comprehensive Plan Executive Summary; Refocusing a Vision for the City. ... . Review Council Procedures, City Statement of Purpose and Values. . Identify and Prioritize Issues for the Next 12 to 24 Months. PHASE 2. Programming April, May, June, July . Five Year Capital Improvement Program (CIP) Review Based on Phase 1 Priorities. . Changes to Comprehensive Plan Based on Phase 1 Review. PHASE 3. Budgeting August, September, October, November . Operating Budget - Based on Phase 1 and 2 Decisions. . Capital Improvement Budget - Based on CIP. JCH.al 2/20/92 (packet) ATTACHMENT A SHOREWOOD CITY VALUES The Shorewood city council, in its governing roll, is responsible for setting policies for the city, which are implemented by the Administrator and city employees. Furthermore, the Administrator, employees, and city commissions propose overall goals, specific objectives, service levels, and action plans for council consideration and direction. This "team" makes decisions and acts based on a strong set of values. The team values are: . A strong sense of commitment to the city and its statement of purpose. . Open, democratic government, enhanced by an informed populace. . Responsiveness to the needs and desires of the citizens; public service.. . Fair and equal interpretation and enforcement of city Codes. . A reputation for dependability and integrity. . Teamwork and action oriented problem solving (acting rather than reacting) . . striving for improved productivity and efficiency through new technology and innovation. . Employee selection by merit. . Professional development. . 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. . The provision of accurate, timely information to the city Council, thru proper channels, so the best possible decisions . can be made. . Adherence to professional, ethical standards of conduct. JCH.al ATTACHMENT B CITY OF SHOREWOOD This statement is a point of reference for all decisions and actions of Shorewood city Officials and Employees. Our purpose: to provide a value in municipal services, to assure compliance with community laws and standards, and to keep citizens informed of those services, laws and standards. Our Goal: to serve our purpose in such an efficient, friendly manner that residents feel good about being citizens of the Shorewood community. Our Expectations: to accomplish our goal we must serve in an impartial fashion; be open, accurate, patient and courteous; and take pride in the job we do~ Let us know when we don't meet our expectations! JCH.al ATTACHMENT C PARTIAL LIST OF CITY OF SHOREWOOD'S ACCOMPLISHMENTS IN THE YEAR 1992 1. Completed Public Works facility 2. Completed salt/sand storage building 3. Sold and began removal old Public Works building 4. Revised and improved CIP process 5. Initiated a new operating budget format based on objectives and relevant information 6. Updated job descriptions 7. Filled foreman position 8. Initiated Comprehensive Plan review 9. Initiated commission openings being advertised with interviews held 10. Established storm drainage utility 11. Special task force reported on street reconstruction financing 12. Closed recycling drop off center 13. Began challenges of MWCC charges 14. Entered into a five year Police Agreement 15. Senior Housing Task Force initiated inquiries to developers 16. Received proposals for banking services 17. Improved newsletter format 18. Creation of a task force to recommend location of a senior center 19. Improvements to City Hall offices, kitchen and coat closet 20. Submitted Comparable Worth plan (which has since been accepted) 21. Initial phase of Silverwood Park 22. Church Road str~et and water improvements 23. Overlayed 3 miles of City streets 24. Installed "drop box" at city Hall 25. Updated Shoreland Management Regulations 26. Completed land use map background data 27. Updated Zoning Ordinance to accommodate/encourage senior housing 28. Updated City base map and zoning map 29. 30. ATTACHMENT D '/ I . I , . ' / I ~ Co"",'1 ""0' I c 1-5 ";" ~ STAFF CONCENSUS ~. ' ~ II 2 ~ ; '" - ::::: '''::; ~ e '" ~ - ~ . :.; ~ Facing the ~8 ;g '0 Issues City in 1993 ~C) ..0 :.:: ~ G ~ e u 0..;.;:: .Q t:" p~~S ~ ~ Q - 0 - ,.;; C) i5' ... ~ - r . Implementation of Park Capital Improvement <g [ Program IA . Park land inventory IfJ I . Consider establishing a bonus pay system IIf .ti I ; . Update comprehensive Plan lA q I . Improve on CIP document I~ ~ iJA Y. I I . MSA designations and designs I I . special Assessment Ordinance for street ~ t -I reconstruction lA ! ILB i , , ~ ; , Complete landscaping of Public Works facility i . , i ILA 4 I I . Reconstruction of City Hall parking area ~' I . , , ! . Decide on future of Badger and Woodhaven Wells rAA 5 I ~. , and Badger building , J I 1~ Lj I : . Improve disaster preparedness ~ ~ Consider contracting for municipal itA j , i . garbage to ]I I service I j , , ~ I position/A .3 , ! ; ; . Consider feasibility of city Engineer i . Pursue joint efforts with neighboring ~ S" : 1 municipalities I . Review Contract for Excelsior Fire I ~A c} i Department service I Lr-J , I . i i , i . Review of formula for police service as 1ft. J. , request.ed by Excelsior I ! , ~ J i . Review paramedic response . Computerization of property records, permit q, i tracking, clerk indexing IA , t.A 1. i . Resolve MWCC rate increase issues .- 1 1~ i Update flood plain regulations ~ ~~ j . .e, ~ , . Request for South Shore Senior Center , ; ATTACHMENT E "4 Staff Concensus - Issues Facing the City 1993 Continued - Page Two . Pursue various types of senior housing within Shorewood . Consider a snow emergency parking ban ordinance . Improve new operating budget format . Revise Planning and Park Commission ordinance . Relocation of ea~t liquor store . Review policy on method of extending water to a new development . Develop a finance plan to address continuing cuts in state Aid . Personnel manual with harrassment policy . Acquisition of right-Of-way on MSA designated streets . . . I Council Rating I tl8 4 /8 I \ (P.J IRJ ~ Pt :3 i J At. "I} ) I~ .3 I \Ut b l ! l l I , , ! CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 16, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 p.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borken, Hansen, Malam and Pisula; Council Liaison Lewis; Planner Nielsen. APPROVAL OF MINUTES Hansen moved, Borkon seconded to approve the minutes of the Commission's February 2, 1993 meeting, with Paragraph 1, Page 3 corrected to read: "Williams stated that with regard to Outlot A, he has discussed with the owner of the property on the south to make it an easement rather than an outlot, but was not sure if the owner was okay with that. Sather stated he wants to make sure trees get saved in that area; an easement could be created and deeded to the other person, but he would not own the property. He indicated this may be acceptable to the property owner. " Motion passed 7/0. 1. STUDY SESSION - COMPREHENSIVE PLAN Review Final Draft Transportation Policies Review Current Transportation Plan, Proposed MSA System Review Proposed Trail Plan Nielsen reviewed the Transportation Issues as outlined in his memorandum of May 5, 1992; the current Transportation Plan, including the functional class system of Shorewood's streets and the proposed MSA system; and the Proposed Trail Plan. The Commissioners asked questions, discussed the proposals before them, and requested the staff to provide summary recommendations for each of the issues for the Commission's consideration at its ne?<t meeting. 1 PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 16, 1993 - Page AB 2. MATTERS FROM THE FLOOR Nielsen noted that the EAW related to the. Gideon's Woods P.U.D. will be examined at the Commission's March study session. 3. REPORTS Lewis briefly commented on Council discussions at its February 5 meeting. 4. ADJOURNMENT Hansen moved, Borkon seconded to adjourn the meeting at 8:50 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial 2