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091393 CC Reg AgP . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 13, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM Following the adjournment of the regular meeting, the Council will convene to executive session to discuss litigation matters. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Benson stover Daugherty Lewis Mayor Brancel C. Review Agenda D. Presentation to Park Commissioner Mark Laberee 2 . APPROVAL OF MINUTES City Council Regular Meeting Minutes - August 23, 1993 (Att.-#2-Minutes) 3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & adopt resolutions therein: A - A Resolution Denying a Setback Variance Applicant: Kevin and Gail Towey Location: 19495 Vine Ridge Road (Att.-#3A Proposed Resolution) B - A Resolution Approving an Amendment to the Covington Vine Ridge P.U.D. Agreement (Att.-#3B Proposed Resolution) C - A Resolution Approving a Setback Variance Applicant: Kerry Peterson Location: 28110 Woodside Road (Att.-#3C Proposed Resolution) D - A Resolution Approving a Final Plat - Bateson Wilson Addition (Att.-#3D1 Engineer's Report; #3D2 Proposed Resolution; #3D3 Letter to MnDot) E - A Motion to Approve a Building Moving Permit Applicant: Bruce Newton Location: Mound (Att.-#3E Planner's Memo) F - A Motion to Approve a Building Moving Permit Applicant: Rolf Torkelson Location: 23690 Gillette Curve (Att.-#3F Planner's Memo) CITY COUNCIL AGENDA SEPTEMBER 13, 1993 PAGE TWO G A Motion to Authorize Preparation Agreement and Plans and Specifications to Sewer to (Osha's property) 25840 Highway 7 #3G Staff Memo) of an Extend (Att.- ** H - A Motion to Adopt a Resolution Setting the 1994 Proposed General Fund Budget and the Preliminary 1993 Property Tax Levy Collectible in 1994 (Att.- #3H Proposed Resolution) I - A Motion to Adopt a Resolution setting a Public Hearing on the Proposed 1994 General Water, Sewer and Recycling Fund Budgets and the 1993 Property Tax Levy Collectible in 1994 (Att. -#31 proposed Resolution) J - A Resolution Approving Plans and Specifications for utilities and Ordering an Advertisement for Bids for Seasons Development (Att. -#3J1 Proposed Advertisement; #3J2 Proposed Resolution; Plans Available at City Hall) K - A Resolution Accepting the Work at Silverwood Park and Authorizing Final Payment (Att. -#3K Proposed Resolution) L - A Motion to Approve the Contract for Services with Abdo Abdo & Eick to Audit Financial Statements for the Year Ended December 31, 1993 (Att.-#3L Proposed Contract) M - Consideration of the 1994 Fire Contract Budget - City of Mound (Att.-#3M Proposed Budget) N - A Motion to Adopt a Resolution Authorizing the Mayor to Execute Subrecipient Agreement with Hennepin County for the Urban Hennepin County CDBG Program for the Year 1993 and to Approve the Subrecipient Agreement Urban Hennepin County Community Development Block Grant Program (Att.- #3N1 Proposed Resolution; #3N2 subrecipient Agreement) o - A Motion to Approve a Request from the West Hennepin Human Services Planning Board Funding Support - 1994 Operating Budget (Att.-#30 Letter of Request) P - A Resolution Authorizing Execution of a Grant Agreement with MWCC to Partially Fund Sump Pump Inspection Program (Att.-#3P1 Proposed Resolution; #3P2 Administrator's Letter) 4. VISITOR'S PRESENTATION - (presentation limited to 5 minutes) William Hannan, President Amesbury West - Request to Close Emergency Access Between Bayswater and Garden Road (Att.-#4 Staff Memo) 5. PARK - Report by Representative CITY COUNCIL AGENDA SEPTEMBER 13, 1993 PAGE THREE 6. PLANNING - Report by Representative Gideon's Woods P.U.D. Development stage Approval (Att.-#6A Planner's Memo; #6B Engineer's Memo) 7. APPEAL ZONING VIOLATION Appellant: LeRoy Bishop Location: 24140 Smithtown Road (Att.-#7A Violation Letter; #7B Appellant's Letter) 8. REVIEW VINE HILL ROAD TRAIL (Att.-#8 Staff's Memo) 9. A MOTION TO ACCEPT BIDS FOR BADGER PARK/CITY HALL PARKING LOT (Att.-#9 Engineer's Memo) ** 10. CONSIDERATION OF AN ORDINANCE AMENDMENT TO THE FEE SCHEDULE INCREASING SEWER RATES 11. DISCUSSION ON POLICY MATTERS A - 1994 Budget Issues B Procedure for Selection of Planning Commissioner (Att.-#llB Resignation Letter of Jack Hansen) 12 . MATTERS FROM THE FLOOR 13. ADMINISTRATOR AND STAFF REPORTS - Speed Awareness Display 14. MAYOR AND CITY COUNCIL REPORTS - MWCC Task Force Report 15. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS - (Attachment) 1. EXECUTIVE SESSION TO DISCUSS LITIGATION MATTERS 2 . ADJOURN ** INDICATES TAX INCREASE OR FEE IMPLICATIONS .-. -" f 1 t j e. EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING .~..~...'../ I J \j MONDAY, SEPTEMBER 13, 1993 council members are scheduled to have their photograph taken before the September 27th meeting. Please RSVP by September 20th so we can confirm that all will be in attendance. AGENDA ITEM #3A: As directed by the city Council, this resolution denies a setback variance for 19495 Vine Ridge Road. The need for the variance is eliminated by Item #3B. AGENDA ITEM #3B: This resolution approves an amendment to the covington Vine Ridge P. u. D. agreement as directed by the City Council at its August 23rd meeting. This resolution is in lieu of the setback variance requested in Item #3A. AGENDA ITEM #3C: This resolution was directed to be prepared at the last Council meeting. It approves a setback variance to allow an entry to be built on the south side of the house at 28110 Woodside Road. The Planning commission recommended approval on a 6-0 vote. AGENDA ITEM #3D: This resolution approves a final plat for Bateson wilson Addition, a four lot addition off Murray Court. Also, please note the letter to MnDot which rescinds our request for a traffic study. We found that MnDot had previously authorized a 20 MPH speed limit. AGENDA ITEMS #3E & #3F: These two permits approve moving two structures from the Gideon Woods property. The gazebo would be moved to Mound while the garage would be relocated within Shorewood. These would be two separate motions to approve the permits subj ect to conditions identif ied in the planner's memo dated September 9th. AGENDA ITEM #3G: This action would be a motion authorizing preparation of an agreement and plans and specifications for sewer to be extended to the property just to the west of the Freeman Park entrance off of Highway 7. The enclosed memorandum explains issues related with "the Osha property". AGENDA ITEM #3H: This motion would be to adopt the resolution setting next years budget and preliminary tax levy which is established at 2.5% higher than 1993. Our intention is to lower that 2.5% to 0% by the time of the public hearing. j, ." EXECUTIVE SUMMARY September 13, 1993 Page 2 AGENDA ITEM #3I: This resolution sets the public hearing dates which had been discussed previously - Tuesday, November 30th, which would then become the second Council meeting in November; and Monday, December 13th, which is the only scheduled Council meeting in December. AGENDA ITEM #3J: This resolution approves plans and specifications and orders advertisement for bids for the Seasons Development. AGENDA ITEM #3K: This resolution accepts the grading work which was completed early this spring and authorizes final payment in the amount of $2,715.62 to Bill Doboszenski & Sons, Inc. All grading, excavation and restoration has been done as required. AGENDA ITEM #3L: This is a motion to approve a letter of agreement .' with Abdo Abdo and Eick for our 1993 audit, for a fee not to exceed $8,850.00, which is a 2.9% increase. AGENDA ITEM #3M: This motion would approve the fire contract budget with the City of Mound for 1994. Our contribution is $5,122.00, an increase of $537.00. This increase is due largely to a significant increase in the number of calls to the Islands since 1990. AGENDA ITEM #3N: This is a motion to adopt a resolution authorizing execution of an agreement with Hennepin County for the City of Shorewood to receive Community Development Block Grant Funds. AGENDA ITEM #30: This motion approves the request of the West Hennepin Human Services Planning Board for $1,302.00 in 1994. This is the same amount as this years contribution. AGENDA ITEM #3P: This resolution authorizes a change in our grant . request from MWCC to spend $10,000 in grant money on our sump pump , , inspection program. AGENDA ITEM #4: William Hannan is requesting the emergency access between Bayswater and Garden Road be closed. Please review the Engineer's memorandum which briefly discusses several options. AGENDA ITEM #6: Gideon's Woods P.U.D. development stage approval _ the action here would be for the Council to direct staff to prepare a resolution approving the development stage plan and preliminary plat for the Gideon's Woods P.U.D. AGENDA ITEM #7: LeRoy Bishop, 24140 Smithtown Road, has requested an audience before the City Council to discuss his notice of zoning violation regarding public sale and storage of boats on his property. His letter does not ask for a specific time to come under compliance. . . - EXECUTIVE SUMMARY september 13, 1993 Page 3 AGENDA ITEM #8: The attached memorandum provides cost estimates associated with building the trail as petitioned 'along Vine Hill Road. Please review the one page memorandum and map. AGENDA ITEM #9: The City Engineer will give a verbal report at the Council meeting on the bids received on the City Hall/Badger Park Parking Lot. This presentation will include a recommendation on awarding the contract. AGENDA ITEM #10: The Council may wish to remove this item from the agenda or table it to the next meeting. Council indicated at its last meeting you might want to discuss legal matters in Executive Session prior to a decision on increasing sewer rates. The Executive Session is scheduled to follow the City Council meeting, therefore, you may want to consider sewer rate increases at the September 27th Council meeting. AGENDA ITEM #11: The Council will want to discuss and decide upon a procedure to replace Louise Bonach, and now Jack Hansen from the Planning Commission. AGENDA ITEM #13: Follow-up on the Council request to research a radar speed display unit. Council may wish to discuss whether or not this unit should be purchased by Shorewood. ***** Following the regular portion of the meeting, the council will adjourn to Executive Session to discuss litigation matters. DATE Septembe! 13 September 27 ~ctober 11 October 25 November 8 November 22 ttcHotln 9/2/93 TENTATIVE SCHEDULE OF CIlY COUNCIL WORK SESSIONS Held in Round Table Format Following the Regular City Council Meetings TOPIC OF DISCUSSION * Joint Meeting with Planning Commission - Community Facilities Section of Comp Plan (moved from 9/13) Capital Improvement Plan - 1994 - 1998 (moved from 8/9) Water Policy Questions - New Developments (moved from 8/9) Review Garbage Collection Alternatives (moved from 7/12 & 8/9) Capital Improvement Plan - 1994 - 1998 Discuss Labor Negotiations (moved from 7/26 & 10/11) *Joint Meeting with Planning Commission - Land Use/Natural Resources (Comp Plan) "' . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 23, 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 Brancel at 7:00 p.m. A. Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen and Financial Director Rolek. C. Review Agenda Daugherty moved, Lewis seconded to approve the Agenda for August 23, 1993, with the addition of Consent Agenda Item 3.J. "Motion to Approve a House Moving Permit-Boyer Construction, Timber Lane," the re-scheduling of "Report of MWCC Meeting of August 17th" to Agenda Item 7.A. from Agenda Item 13. Motion passed 5/0. 2. APPROVAL OF MINUTES Daugherty moved, Lewis seconded to approve the City Council Meeting Minutes of August . 9,1993. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for August 23, 1993. Daugherty moved, Stover seconded to approve the Consent Agenda and to adopt the Resolutions and Motions contained therein: . A. Motion to Approve a Sign Permit - I.C.O. - Applicant: Lawrence Sign Company. Location: 5680 County Road 19. B. RESOLUTION NO. 93-68 "A Resolution Approving the Final Plat of James Hill. " 1 tfM REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 2 , C. Motion to Approve a Sign Permit - Boulder Ridge Estates - Applicant: Tony Eiden Company. Location: West End of Noble Road. D. Motion to Approve a 3-Year Water & Sewer System Maintenance Contract by and between Munitech, Inc. & The City of Shorewood. E. RESOLUTION NO. 93-69 "A Resolution Concurring to Costs in Excess of .00242 Percent of Total Taxable Market Within Lake Minnetonka Conservation District." F. RESOLUTION NO. 93-70 "A Resolution Accepting the Street and Watermain Improvements to Church Road-City Project 91-2" and a Motion Approving the Final Construction Pay Voucher, Street and Watermain Improvements- Church Road, City of Shorewood 91-2. G. Motion Approving Fall Yardwaste Collection Date - October 23, 1993. . H. RESOLUTION NO. 93-71 "A Resolution Setting a Public Hearing on Proposed Assessment of Delinquent Sewer and Water Utility Charges, City Clean-up Charges and Property Clean-Up Charges." I. Motion to Approve Contract for Fire Services with the City of Excelsior, Contingent upon each Signatory City's Approval of the Contract, and to Encourage the City of Deephaven to Approve the Contract. J. Motion to Approve a House Moving Permit for Boyer Construction, Timber Lane. Motion passed 5/0. 4. VISITOR'S PRESENTATION . Mr. Don Follett, representing Minnegasco, read a brief statement and presented to the City a plaque and a $250 gift for the purchase of a mature tree to be planted in a public place to commemorate the company's 40 years of service to Shorewood. Mayor Brancel accepted on behalf of the City. 5. PARK COMMISSION A. Report on the August 10th meeting Steve Dzurak, Chair of the Park Commission, reported on the following agenda items discussed at the August 10 meeting. 2 REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 3 B. Report on Silverwood Park Tennis Courts Dzurak reported that due to poor soil conditions at Silverwood Park installation of the tennis courts has been deferred until this issue can be resolved. Possible options include elimination of courts at the park or application of acceptable soil to the proposed court location. C. Report on Playground Equipment Playground equipment will be installed at Freeman Park primarily by Tree Trust and neighborhood volunteers on September 18-19. Dzurak explained that in terms of children's safety, the use of washed buckshot gravel, while more expensive, is moderately safer than washed sand. He noted the use of gravel would create a budget over-run. The difference in cost of gravel vs. sand is approximately $600 at Freeman Park and $500 at Manor Park. . Daugherty stated there is also a difference in performance between the two and explained that gravel is superior to sand under playground equipment in that gravel is more porous and dries faster. Hurm noted the Park Planner indicated there is little difference between the two in terms of safety. Daugherty moved, Stover seconded to direct the staff and Park Commission to install washed buckshot gravel under playground equipment at Freeman and Manor Parks. Motion passed 5/0. D. Resignation of Commissioner Mark Laberee . Dzurak reported on the resignation of Commissioner Laberee after 5 years of service on the Park Commission effective immediately. 6. PLANNING COMMISSION A. Consideration of a Setback Variance - Direct Staff to Prepare Findings of Fact. Applicant: Kevin & Gail Towey. Location: 19495 Vine Ridge Road Nielsen reported the Planning Commission recommended on a 5/1 vote to amend the P.D.D. agreement for Covington Yine Ridge development by reducing the rear yard setback to 30' rather than grant the applicants' variance request. The amendment will result in modification of the applicants' plans by 2'. Daugherty moved, Stover seconded to approve the amendment of the P.U.D. covenants of the Covington Vine Ridge development to reduce the rear yard setback from 35' to 30'. Motion passed 5/0. 3 REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 4 Stover moved, Lewis seconded to deny the request of Kevin & Gail Towey for a rear yard setback variance at 19495 Vine Ridge Road. Motion passed 5/0. B. Consideration of a Setback Variance - Direct Staff to Prepare Findings of Fact. Applicant: Kerry Peterson. Location: 28110 Woodside Road. Stover moved, Lewis seconded to direct the staff to prepare a Findings of Fact Resolution approving a setback variance requested by Kerry Peterson at 28110 Woodside Road. Motion passed 5/0. c. A Resolution Approving a Simple Subdivision. Applicant: Charles Crepeau. Location: 23443/23445 Smithtown Road. . Nielsen stated the staff report recommends acquisition of side and rear easements on the property. However, the City Engineer clarified that an easement between the two lots is unnecessary since an easement exists to the east of the Garden Patch property. The Planning Commission unanimously recommended approval of the subdivision. Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-72, "A Resolution Approving Subdivision of Real Property." Motion passed 5/0. 7. CONSIDERATION OF A PETITION FOR A TRAIL ALONG VINE HILL ROAD Ms. Sandra Trettel, 19280 McKinley Court, presented a Bike/Pedestrian Path Petition . signed by approximately 170 residents from the immediate neighborhood. She explained their request for installation of a 1/3 mile bike/pedestrian path along the west side of Vine Hill Road from Castle Ridge on the south to Manchester Street on the north to provide neighborhood access to the Chanhassen trail system and direct access to the Minnetonka trail system. The majority of families in the Near Mountain subdivision have young children (50 children under age 12). The primary reason for the petition is concern for the safety of bikers and pedestrians traveling on Vine Hill Road which is narrow, dangerous and carries a significant amount of traffic. Some of the streets in the neighborhood are not through streets, therefore, travel between homes and to parks requires the use of Vine Hill Road. Ms. Trettel emphasized the neighborhood's concern for safety of its residents, noting that 2 children have been struck during the past 3 years. The cost of installation of a trail is estimated to be between $10,000 and $20,000. Daugherty expressed concern regarding the speed of traffic on Vine Hill Road. He pointed out constraints in the park budget and suggested that a park within that large residential 4 . . REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 5 development be considered. He inquired whether the residents would consider partially funding the trail construction. Ms. Trettel stated the residents would not consider that acceptable as they are paying a high rate of taxes and pointed out that the safety of residents should prevail over additional parks and equipment. She acknowledged that other areas of Shorewood may be faced with similar safety problems. Hurm suggested the Council may wish to add this segment to the trail system and determine Chanhassen's plans for extension of its trail. He reported the City did not receive funding through the grant program, but suggested that a trail could be installed using Public Works and Tree Trust staff at a much lesser cost. Cost information could be developed and presented for the Council's consideration. Lewis suggested using less expensive materials and requested that cost information of options be developed. Daugherty inquired why the City did not receive the grant funding for which it applied. Hurm stated a large number of cities make requests and Shorewood did not meet the criteria. Stover stated there appears to be a high demand for trails in the City. Lewis noted the defeat of the park referendum appears to confirm that residents do not support funding for additional parks and suggested that the Park Commission may wish to consider a trail referendum in the future. Stover suggested the Park Planner's recommendations also be taken into consideration. Daugherty recommended focusing the addition of trail system in high traffic areas of the City. The Council agreed to reexamine this matter at a future meeting. A. Report of MWCC Meeting of August 17 Keane reported on the August 17 meeting of the MWCC attended by Hurm, Dresel, Benson and Keane. The meeting agenda included MWCC's consideration of certifying a levy against Shorewood properties for the difference between the payment the City has remitted on a monthly basis since the first of January and the amount it has been invoiced for waste water treatment charges. Shorewood staff presented the City's arguments regarding the matter to the group. The City's position focused on: 1) Accuracy of the metering and the estimates MWCC uses as the basis for annual charges, with particular emphasis on the identification last Spring of the location of excessive III flows into the Commission's interceptors in the City and the recent apparent contradiction in their analysis of identifying the problem, and 2) The fundamental problem of wet communities subsidizing dry communities with an inordinate burden placed on wet communities and specifically Shorewood. The Commission discussed local issues and the general policy issue of the flow- based system and how it affects the wet communities. Keane stated the Commission took action to recommend to the Metropolitan Council that it certify the levy to the Hennepin County Auditor. The recommendation will be discussed by the Metropolitan Council in September. The City representatives intend to make its presentation to that group as well. Keane noted the Chair of the Commission included in his motion recommending certification that representatives of the City and MWCC make an effort to find a middle ground during the interim period before the Met Council meeting. 5 REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 6 At the recommendation of the Commissioner who represents this area, Shorewood representatives suggested that the credit previously allowed by the Commission be doubled for this year. The Commission directed that 2 representatives from the MWCC and 2 representatives of the City Council work together to forge a resolution before November 15. Keane detected some softening of the harsh pOSItIOn of the MWCC as it applied to Shorewood but the Commission was not prepared to make a commitment. Keane reviewed the MWCC's engineer's explanation of the basis for the previous credit and the metering and testing done on the east side of Shorewood localizing the problem resulting in the remediation measures completed by the MWCC this summer in the Covington Road area. The engineer stated that when that line was isolated and the flow was diverted, it was discovered the line was virtually dry and there was no significant evidence of a problem. Dresel stated the Commission appeared reluctant to recommend the levy, however, it did not wish to single out one community for preferential treatment under its policies. . Lewis stated Shorewood is currently being penalized and should receive fair treatment. He inquired whether a change in MWCC's billing formulas could result. Keane stated there did not appear to be a consensus among the Commissioners to readdress the fundamental policies, but there seemed to be a general understanding of the inequitable charges imposed upon wet communities. Brancel stated the MWCC continues to provide estimates, but has not yet produced verifiable calculations of usage for billing purposes, and pointed out the Commission has not, to date, approached the City with any offers for a compromise solution. In addition, she noted the City has been over-charged for the last several years. She questioned the purpose of a task force since the Commission has begun the levy process. Referring to the MWCC engineer's presentation, Daugherty pointed out that over the years . the City has contested the validity of various data submitted by the Commission. He indicated the Commission could lose its position on certification of a levy based on the concept of taxation without representation. He questioned the validity of the MWCC's reasons for increases in charges given the ambiguous conclusions it reached regarding the Covington Road line. In the opinion of Keane and Dresel, there did not, however, appear to be a credibility gap between the engineer and the Commissioners. Dresel reviewed the background of the apparent leak in the Covington Road interceptor which led to the suggestion that a 2-year adjustment be made in charges. The MWCC engineer, however, explained that given the fact that a leak was not discovered in that line, the previous credit should not have been allowed and therefore a doubling of the credit cannot be justified. The Commission contends the previous identification of the problem was based on preliminary information. 6 REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 7 Benson stated the Commission faced a time line under which they could initiate the - certification process. He endorsed the concept of using an independent mediator to facilitate a solution. Hurm noted the Commission did not respond to such a suggestion, however, the Council may wish to re-offer that recommendation. Lewis agreed use of a mediator in conjunction with the task force has merit. He pointed out the Chair's letter states that "no statutes will be violated." Hurm stated the MWCC interprets the applicable statute very strictly. Keane stated it has a narrow interpretation of strict reliance on flow, but Keane indicated, that in his opinion, the statute is open to other interpretations that would be equally acceptable under the law. Strict interpretation allows the MWCC's application of the same methodology to each community. Stover expressed concern about the absoluteness of the Commission's data used for determining charges, yet it is based on estimated information. . Daugherty stated the Council should weigh the benefits of forming a task force against continuing through the legal system. He indicated the task force may achieve some objectives including a credit to the City, however, the legal process may produce a long-term results. Stover stated a task force, absent the MWCC's technical staff, may provide an opportunity for the City to explain and clarify its position to the Commissioners, however, she strongly endorsed continuation of legal action by the City. Stover concurred with the use of a mediator in conjunction with the task force. Brancel stated the formation of a task force is a positive step, however, time limit guidelines should be imposed for development of optional solutions by the task force to avoid further prolonged delays in resolution of the issue. . Keane recommended to the Council that it endorse the task force concept and accept the opportunity to go through the process in the interim. He indicated the Council's task force members will have the full support and assistance of the City staff. He also suggested the Council re-affirm its desire for a third-party mediator. Daugherty requested clarification of the financial details that make pursuing this issue important to the City. Keane stated the City received 40% and 42% increases in MWCC charges in 1992 and 1993 respectively. On a per household basis, the City is paying 3 times more than comparable cities pay for sewer treatment charges. Hurm stated that analysis shows that a household in a $93,000 home pays as much for sewer charges as for all other municipal charges combined. He reiterated that a problem exists and apparently the Commission does not recognize and understand this. Keane stated the increases include treatment of clear water 1/1, and indicated that although the City has made every effort to tighten its lines, discharge by sump pumps into the sanitary sewer system must also be further addressed by the City. 7 REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 8 Brancel moved, Daugherty seconded to approve formation of a task force and recommended the use of a mediator to work toward a resolution of the dispute between the City and the MWCC over sewer treatment charges to the City. Motion passed 5/0. Lewis moved, Benson seconded to appoint Brancel and Daugherty to the task force to represent the Council. Motion passed 5/0. 8. CONSIDERATION OF AN ORDINANCE REGARDING SUMP PUMPS Rolek stated that given the severity of the City's problems with the MWCC charges, it is important this ordinance be adopted to clarify prohibited discharges into the sanitary sewer . system and provide for violation penalties. Keane explained that the City's current sump pump ordinance administered by the building inspector addresses sump pump connections. The City has represented to the MWCC that a non-hook up ordinance exists, with penalties and inspections, enforced by the building inspector. Keane stated, however, a City-wide standard does not exist to require inspection and compliance. The proposed ordinance requires property owners to contact the City for an inspection of sump pump connections and provides that a $100 monthly surcharge will be imposed for noncompliance beginning in March 1994. Keane stated residents who abide by the nonconnection ordinance heavily subsidize those with illegal connections. The new ordinance is similar to those already in place in surrounding communities. Compliance with the prohibition ordinance by residents in surrounding communities has not presented any problems. Lewis inquired whether contractors advise homeowners that it is illegal to make a sump . pump connection. Nielsen stated the role of the contractor is unknown, however the City's final occupancy inspection would detect such a connection. Keane stated that various methods of communication will be used, including direct mail, to inform residents of required action they must take under the provisions of the new ordinance. Rolek noted the ordinance also provides a time frame in which those in non-compliance may correct a violation. Each residence in Shorewood will be inspected. Keane explained the new ordinance will support and confirm the City's position relative to the MWCC issue. Dresel stated it is not anticipated that sump pump discharge into yards or streets will create any significant problems. Brancel read a summary of the provisions of the ordinance. Stover inquired whether guidelines exist in other communities for waivers. Rolek stated a waiver may be granted based on the uniqueness of the property and is justified. on a case by case basis. A 8 . . REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 9 temporary waiver could become permanent, until a correction is made, if discharge is creating a public safety hazard. Annual inspections will be done by City employees on an appointment basis. Charges for violations will appear on residents' utility bills. Keane noted the City reserves the right to make annual inspections which allows discretion in the inspection schedule. Brancel moved, Benson seconded to adopt ORDINANCE NO. 93-277, An Ordinance Amending Shorewood City Code Section 904.09. Prohibiting Discharges into the Sanitary Sewer System, and Section 1301.02, Schedule A, Providing Penalties for Violation Thereof. Motion passed 5/0. 9. CONSIDERATION OF AN ORDINANCE AMENDMENT TO THE FEE SCHEDULE INCREASING SEWER RATES Brancel explained this amendment to increase sewer rates is associated with the MWCC issue. Rolek stated the MWCC imposed a 40% increase for sewage treatment charges on the City effective January 1994. The recommended 37% increase in residents' rates includes costs the City incurs in operating the system including contracted maintenance and upgrading of the lift stations, administrative costs, and personnel costs associated with upkeep of the lines. Quarterly residential fees would increase to $75, to $50 for residential low income, and to $37.50 for residential seasonal. Rolek pointed out information from the MWCC states mid-year flow was 199 million gallons vs. the estimated 180 million gallons. He stated although the City is currently disputing the charges, the MWCC has indicated it will charge the City as originally proposed and since the flow reported is over the estimate, future charges will be higher than anticipated. Rolek estimated that 10-15% of the 37% increase is related to the City's cost with the remainder related to MWCC costs. The increased rate schedule, if approved, will become effective immediately since the City expects to either pay the delinquent charges accruing since January or incur legal and technical costs for a lengthy court dispute. Brancel stated she cannot support an increase in rates at this time given the current high rates and because calculations by the MWCC to support its increase are not verifiable. Dresel clarified the MWCC's estimate calculation methodology. Lewis supported allowing the levy certification process to continue for collection of the delinquent charges from the residents. He hesitated increasing rates, but acknowledged that sufficient funds must be available to continue the legal process in order to effect a change. Daugherty described the ramifications of various outcomes of the dispute and emphasized the need for the City to remain fiscally responsible. He suggested if rates are raised and resolution of the dispute results in excess funds for the City, rebates could be paid to residents. If rates are not raised now and the City was forced to pay outstanding charges and legal costs, residential rates would then require a significantly greater increase. The meeting recessed at 9:00 p.m. and reconvened at 9:10 p.m. 9 REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 10 Lewis agreed the City must be responsible, however, he disagreed that residents' rates should be increased to build a reserve fund to hold in escrow for the MWCC. Acknowledging the need to cover legal fees and a compromise settlement with MWCC, Lewis agreed some increase in rates may be necessary and suggested that a 20% increase would be less offensive to residents. Daugherty reiterated the need to begin recovering from residents some portion of the unpaid MWCC charge to avoid a future significant increase since the City would not have the funds to pay the shortfall. Lewis reiterated that he preferred the levy process be allowed to recover the outstanding MWCC charges. Stover suggested the fee schedule could be amended at the time a successful compromise is accomplished. Brancel suggested since the MWCC issue is currently in litigation, the Council may wish to discuss its options relative to rate increases at a future executive session. Stover suggested the staff analyze the financial requirements surrounding this issue and the effects of the levy on residents and report to the Council for consideration at a future meeting. . Benson moved, Lewis seconded to table, for two weeks, action on the Ordinance Amending Section 1301.02 of the City Code, Sanitary Sewer Service Charges, for discussion in an Executive Session. Motion passed 5/0. 10. CONSIDERATION OF AN ORDINANCE AMENDMENT ESTABLISHING MEMBERSHIP OF THE PARK COMMISSION Hurm noted the membership of the Park Commission was increased last year to provide additional assistance related to the Park Referendum. With the resignation of Commissioner Laberee, the Commission will return to its original membership number. Lewis moved, Daugherty seconded to adopt ORDINANCE NO. 93-278 Amending Chapter . 202 of the Shorewood City Code Relating to the Makeup of the Park Commission. Motion passed 5/0. 11. CONSIDERATION OF AN ORDINANCE ADOPTING AN ASSESSMENT POLICY FOR STREET RECONSTRUCTION Dresel reviewed the materials prepared as requested by the Council describing the impact of various assessments rates for street reconstruction and the impact on ad valorem taxes if no assessment was made. Hurm noted the ordinance contains a 33% assessment rate. Daugherty supported the recommendation of the task force for a 33% assessment for street reconstruction. Brancel supported continuation of street reconstruction costs financed through property taxes. She expressed concern about adding additional taxes to the existing high burden of taxes. Daugherty stated if an assessment policy is not enacted, the result will 10 REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 11 be a higher tax level for all residents. Stover pointed out that heretofore the majority of road work in the City has been repair and this ordinance addresses the financing of reconstruction/replacement of the City's streets. The ordinance provides a public hearing to allow the residents to be heard regarding proposed street reconstruction. Stover reiterated that use of general funds for street replacement will increase the taxes of all residents while the proposed ordinance would only tax the residents of the reconstructed street. Brancel pointed out other considerations that should be addressed, such as: City water lines and trash removal service. Lewis expressed concern regarding the benefit aspect of the ordinance. He agreed it is necessary to develop a plan for reconstruction, however, he questioned whether the value of property would increase if the street abutting the property were reconstructed. Lewis suggested that additional study of the proposal is necessary to determine an alternative assessment percentage and that consideration be given to residents on MSA routes. . Daugherty pointed out that the tax impact on residents will be the highest if property taxes continue to be used to finance street reconstruction; i.e. an assessment policy would have the least impact on the residents' taxes. He agreed that under an assessment plan, MSA roads could be assessed at a different rate than other local residential streets. Lewis stated if roads are reconstructed for the benefit of Shorewood, then the, citizens of Shorewood should pay for them through general property taxes. Benson stated he does not support the assessment policy and agreed a reconstructed street would not add benefit or value to a property. Lewis agreed that other related issues must be addressed by the City before any reconstruction of streets begins. Stover indicated an assessment policy would give the City a tool to begin the task of reconstruction of its streets. Daugherty stressed the need for the Council to reach a compromise in developing a funding plan and schedule for street replacement. . The Council commended the work of the task force in developing the proposed policy. Daugherty moved, Stover seconded to table, to the next work session, consideration of the . proposed ordinance adopting an assessment policy for street reconstruction and requested the staff continue to study the possibility of assessing various percentages for reconstruction of Shorewood streets. Motion passed 3/2. Brancel and Benson voted nay. 12. MATTERS FROM THE FLOOR Doug Malam, Planning Commissioner, reported on the discussions and actions taken at the Commission's August 17 meeting and work session. 13. ADMINISTRATOR AND STAFF REPORTS 11 REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 12 Nielsen reported that a temporary occupancy certificate will be granted to the Minnewashta Elementary School to allow a scheduled Open House. Work in the parking area remains to be completed. The school plans include informing parents of parking limitations and providing a police officer to direct traffic during the Open House. The Council interposed no objections to granting the School a temporary certificate. Hurm reported the City will contribute $25 toward the food service in connection with the County-wide Household Hazardous Waste collection scheduled for September 17 and 18. 14. MAYOR AND COUNCIL REPORTS - None. 15. ADJOURNMENT TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Benson moved, Stover seconded to adjourn the City Council meeting at 10:00 p.m. to a Work Session, subject to the approval of claims. . Motion passed 5/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: BARBARAJ.BRANCEL,MAYOR . JAMES C. HURM, CITY ADMINISTRATOR 12 CITY OF SHOREWOOD COUNCIL WORK SESSION MONDAY, AUGUST 23, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 10:05 P.M. MINUTES CONVENE WORK SESSION Mayor Brancel convened the work session at 10:05 p.m. Present were: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover; Administrator Hurm and Finance Director Rolek. A. Operating Budget . Hurm brought the Council's attention to the proposed 1994 General Fund Operating Budget which includes objectives and cost indicators. He stated the Council must approve a preliminary 1994 tax levy and budget and set hearing dates at its September 13, 1993 meeting. He stated the budget proposed can be met with a 2.88% increase in expenditures and a 1.89% increase in the levy. Hurm explained that the preliminary levy set at the September 13 meeting will be the highest increase allowed, therefore the Council may wish to set a slightly higher preliminary level to allow for flexibility in its detailed discussion of the budget over the next three months prior to the November hearing date. Stover inquired whether defeat of the street assessment policy will result in a larger street and road budget. Hurm stated a $10,000 increase is included in that budget for 1994. Stover questioned the adequacy of the park and trail budget. She suggested the Council consider setting a preliminary levy rate of 2.89%. Rolek stated that each 1 % reflects $15,000. . Daugherty suggested the park budget be increased substantially and stated that park development and improvements are of interest to various sports organizations. Benson indicated improvements in park services could provide additional income to the City through concessions and other user fees. Hurm explained the components of the proposed park budget. Lewis suggested maintenance of the parks be put out for bids to achieve a competitive price. Hurm noted maintenance of the park system must be managed carefully to assure quality. Stover stated residents have a high level of interest in trails and trail improvement vs. park development. The Park Commission may wish to re-consider it's proposed development program. Brancel requested clarification of the step increases shown in the budget. Rolek explained thos'e increases are for the current salary ranges and do not necessarily signify salary increases. COUNCIL WORK SESSION August 23, 1993 - Page 2 Following discussion, the Councilmembers agreed to set a 2.5% preliminary tax levy for 1994 and agreed to work to adjust the budget over the next 3 months to a zero increase in the levy. B. Adjourn Work Session Benson moved, Stover seconded to adjourn the Work Session at 10:35 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED. Arlene H. Bergfalk, Recording Secretary TimeSaver Off Site Secretarial ATTEST: BARBARAJ.BRANCE~MAYOR JAMES C. HURM, CITY ADMINISTRATOR 2 . e RESOLUTION NO. A RESOLUTION DENYING A SETBACK VARIANCE TO KEVIN AND GAIL TOWEY WHEREAS, Kevin and Gail Towey propose to build a deck and porch addition on the rear of their home located at 19495 Vine Ridge Road, said property being described as: "Lot 3, Block 2, Covington Vine Ridge"; and WHEREAS, the location of the proposed addition does not comply with the setback requirements of the Shorewood Zoning Code, and the Applicants have therefore made application for a variance; and . WHEREAS, the application was reviewed by the City Planner and his comments were set forth in a memorandum dated 30 July 1993, which memorandum is on file in the Shorewood City Hall; and WHEREAS, a public hearing was held and the application was reviewed by the Planning Commission on 3 August 1993 and, after deliberation, the Planning Commission recommended denial of the requested variance; and WHEREAS, the City Council at their regular meeting held on 23 August 1993 reviewed the material submitted by the Applicants, the recommendation of the Planning Commission and the Planning Director's staff report. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Applicants' property is located in the Covington Vine Ridge P.U.D. zoning district which allows single-family dwellings and requires a 35-foot rear yard setback. 2. That the Applicants propose to build the addition 28 feet from the rear property line, which requires a variance of seven feet. .. 3. That the Covington Vine Ridge P.U.D. zoning district requires a minimum lot area of 10,000 square feet for single-family residential dwellings and a minimum lot width of 65 feet, and the subject property contains approximately 10,540 square feet of area and is approximately 70 feet wide. 1F31l 4. structure. That options exist on the east and west sides of the house to add on to the 5. That the "garage forward" design of the house limits room at the rear of the home for additional building area. 6. That the City Code does not allow adjoining wetland area to be used to meet setback requirements. 7. That a smaller addition could be built which would lessen or eliminate the need for a variance. CONCLUSIONS 1. That the variance requested by the Applicants constitutes a significant deviation from the requirements of the Shorewood Zoning Code. ._ 2. That the Applicants' property can be put to a reasonable use under the conditions imposed by the Shorewood Zoning Code. 3. That the Applicants have not met the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and have failed to establish any undue hardship as defined by Minn. S~t. Section 462.357, Subd. 6(2). 4. That the Applicants' request for the variance set forth above is hereby denied. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of September 1993. . AttEsT" Rob Daugherty, Acting Mayor James C. Hurm, City Administrator/Clerk - 2.- . . RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT OF COVINGTION VINE RIDGE WHEREAS, the City Council of the City of Shorewood, by its Resolution No. 8-86, adopted on 10 February 1986, authorized the Mayor and City Clerk to execute a Development Agreement on behalf of the City for the development of Covington Vine Ridge; and WHEREAS, the City required as part of said agreement that rear yard setbacks within the Covingtion Vine Ridge plat be no less than 40 feet; and WHEREAS, the City Council, by its Resolution No. 95-88, adopted on 12 September 1988, amended the development agreement to reduce the rear yard setback requirement within the Covington Vine Ridge plat to 35 feet; and WHEREAS, the City Council now agrees that the rear yard setback be reduced to 30 feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Development Agreement for Covington Vine Ridge be amended to reduce the rear setback requirement to thirty (30) feet. 2. That this Resolution shall be filed and recorded with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of September, 1993 ROB DAUGHERTY, Acting Mayor ATTEST: JAMES C. HURM City Administrator/Clerk 3F:J RESOLUTION NO. A RESOLUTION GRANTING A SETBACK VARIANCE TO KERRY PETERSON WHEREAS, Kerry Peterson (Applicant) is the owner of real property located at 28110 Woodside Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Tract C, Registered Land Survey No. 757"; and WHEREAS, the Applicant has an existing single-family dwelling on the property, which dwelling constitutes a nonconforming structure because it is located entirely within the required 50-foot setback from Woodside Road; and . WHEREAS, the Applicant has applied for a variance to add a new entry way on the south side of the home; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 31 July 1993 which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 August 1993, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicants' request for a variance was considered by the City Council at their regular meeting on 23 August 1993 at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City Staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R-1A single-family residential zoning district and is also subject to the requirements of the "S:' Shoreland (overlay) District. 2. That the site is unique in that required setbacks on the property result in a very limited buildable area, approximately 26 feet in depth. 3. That due to setback requirements, the existing structure can not be expanded 1f3C- without a variance. 4. That the easterly side of the site is screened from Woodside Road by existing vegetation. 5. That the proposed construction would constitute a reasonable use of the land and will improve the livability of the home. 6. That the Applicant has established undue hardship and has satisfied the criteria for the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood City Code. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a setback variance to build an entry on the south side of the house. . 2. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of September 1993. Rob Daugherty, Acting Mayor ATTEST: . James C. Hurm, City Administrator/Clerk t " '''"'t ,", ~"l Orr (' \~. \;:d Schelen ., jJ -, .'"::1 Ma eron& '.:'1 j"!'Y~"!f'> J ,~,~\ ^ ~~L,.;~tes Ine ,~~.~~ __...i.l ~ , . 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 September 8, 1993 Mr. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Bateson Wilson Addition - Final Plan . Dear Brad: We have completed our review of the sanitary sewer and street plans and specifications for the above-referenced project. We have conducted this review from an engineering standpoint with regard to drainage, grading, street and utility issues. Only one issue remains to be addressed before we recommend approval. The City's street ordinance requires a 7-ton road design. During construction, additional subgrade work and/or a section increase may be necessary to achieve the 7-ton design. This issue should be specifically addressed in the plans or specifications. Please contact me at 595-5695 if you have any further questions. . Sincerely, ORR-SCHELEN-MA YERON & //;C/.JE. S_" - I_N ?C,./ E/!I~ Joel Dresel, P.E., L.S. City Engineer c: Mark Gronberg Coffin & Gronberg, Inc. /nm 5v-\ J:\5047.00\ CML \LEITERS\090893.BN Equal Opportunity Employer RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF BATESON WILSON ADDITION WHEREAS, the fmal plat of Bateson Wilson Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the plat of Bateson Wilson Addition is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto and made a part thereof. 3. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That this final plat shall be filed and recorded within 30 days of the date of certification of this Resolution. . BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of September, 1993. Rob Daugherty, Acting Mayor ATTEST: JAMES C. HURM City Administrator/Clerk 3D-L CITY OF SHOREWOOD DEVELOPMENT AGREEMENT BATESON WILSON ADDmON THIS AGREEMENT, made this day of , 1993, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and Rick Bateson, hereinafter referred to as the "Developer". WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and . WHEREAS, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development plat of the Subject Property, said plat to contain approximately 5.59 acres divided into four lots, to be known as Bateson Wilson Addition (the Development); and WHEREAS, the City Council by its Resolution No. 53-93 adopted on 24 May 1993, has approved the preliminary plat of the Subject Property subject to conditions; and WHEREAS, the Developer has now submitted its final plat for the development of the subject property, which plat is attached hereto and made a part hereof as Exhibit B; and WHEREAS, the City Council by its Resolution No. ---=- adopted 13 September 1993, has approved the final plat of the Subject Property subject to conditions; and . WHEREAS, the Developer has made application to the City to be allowed at Developer's expense to construct all surfaced streets, curbs, gutters, required landscaping, storm sewer and surface water drainage facilities, street signs, sanitary sewer facilities and underground electric, gas and telephone service lines (the Improvements) to all lots within the plat approved by the City. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the [mal plat of Bateson Wilson Addition, the City and the Developer agree as follows: 1.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) Street grading, stabilizing and bituminous surfacing; (02) Concrete surmountable curbs and gutters; (03) Sanitary sewer mains and laterals; (04) Storm sewer and surface water drainage facilities; (05) Street name signs and traffic control signs; (06) . Required landscaping (hereinafter liThe Improvements "). 2.) Preconstruction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a preconstruction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. . 3.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 1 above, shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 4.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. . 5.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work shall be performed in one phase to be completed by 1 September, 1994. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 6.) Streets. Sanitary Sewer and Storm Sewer Facilities - (01) Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the construction of the Improvements subject to the final approval of the City Engineer. The plans and specifications prepared by Coffin and Gronberg, Inc., dated 5 August 1993 on file with the City are incorporated herein and made a part of this Agreement. - 2 - (02) As-Built Plan. Within sixty (60) days after the completion of construction, Developer shall cause its engineer to prepare and file with the City a full set of "as- built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat. (03) Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and watermains within the plat, and thereafter promptly assign said easements to the City. (04) Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. . 7.) Staking. Surveying and Inspection - It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 8.) Grading. Drainage. and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. . 9.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 10.) Access to Residences - Developer shall provide reasonable access, including installation of all underground utilities and grading of all roadway base material, to all residences affected by construction until the streets are accepted by the City. 11.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements, except the final lift of asphalt, set forth in paragraph 1 are completed and approved by the City Engineer. 12.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans - 3 - and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the Improvements be accepted by the City. 13.) Conveyance of Improvements - At the written request of the Developer and upon completion of the installation by Developer and approval by the City Engineer of the Improvements set forth in paragraph 1 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey the Improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 14.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. . 15.) Restoration and Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public. facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 16.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 23 below. . 17.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 18.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 1 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in Section 6(02) and that the Developer pay all - 4 - claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150 % of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval or acceptance by the City of the partially completed Improvements but in no event shall the deposit or letter of credit be . reduced to an amount less than 125 % of the cost of the Improvements to be completed. At such time as all of the Improvements have been accepted by the City, such deposit or letter of credit may be replaced by a maintenance bond. . 19.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as additional insured on said policy and the Developer shall fIle a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 1 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 20.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, Watershed Districts, and the Metropolitan Waste Control Commission before commencing development of the plat. . 21.) Sewer Assessments - Developer shall pay $1000 per lot ($4000) for local sanitary sewer access charges pursuant to Shorewood City Code. Developer agrees to accept and pay all such charges to the City in accordance with Shorewood City Code, together with all previous assessments against the Subject Property. 22.) Park Fund Payment - Developer shall, prior to release of the final plat by the City make a cash payment to the City in the sum of $3000 ($750 X 4 lots) for the Park Fund. 23.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or - 5 - . addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood,Minnesota 55331 To the Developer: Rick Bateson 17724 Excelsior Boulevard Minnetonka, Minnesota 55345 . 24.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. .' 25.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability , damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 26.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a copy of any Declaration of Covenants, Conditions and Restrictions for review and approval by the City prior to recording. 27.) Remedies Upon Default- (01) Assessments. In the event the Developer shall d~fau1t in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice - 6 - thereof, the City may cause any of the improvements described in paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. . (02) Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 1 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expense~ incurred by the City in enforcing and administering this Agreement. . (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equitY to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 28.) Headings - Headings at the beginning or paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 29.) Sevex:ability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 30.) Execution of Counteq>arts - This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. - 7 - . . 31.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 32.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER: CITY: RICK BATESON CITY OF SHOREWOOD By: Its: Mayor A TIEST: City Administrator/Clerk - 8 - . . STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 1993, before me, a Notary Public within and for said County, personally appeared Barbara Brancel and James Hurm to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and city administrator/clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and city administrator/clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 1993, before me, within and for said County, personally appeared Rick Bateson described in and who executed the foregoing instrument and acknowledged ,that he executed the same as his free act and deed. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 (TJK) - 9 - . LEGAL DESCRIPTION "Lot 86, Auditor's Subdivision Number 135, Hennepin County, Minnesota, EXCEPT that part of Lot 86 described as follows: Beginning at a point distant 377.00 feet East of the Northwest corner of said Lot 86; thence on an assumed bearing of West along the North line of said Lot 86 to said Northwest corner; thence southwesterly along the Northwesterly line of said Lot 86 a distance of 242.00 feet; thence South 62 degrees 13 minutes East to its intersection with a line drawn on a bearing of South 27 degrees 47 minutes West from a point on a line drawn on a bearing of South from the point of beginning and distant 78.00 feet from said point of beginning; thence North 27 degrees 47 minutes East to said point; thence on a bearing of North to the point of beginning, ALSO EXCEPT that part of Lot 86 described as follows: Beginning at a point on a line drawn on a bearing of South a distance of 78.00 feet from a point on the North line of said Lot 86 distant 377.00 feet East from the northwest corner of said Lot 86; thence on a bearing of North a distance of 78.00 feet; thence on bearing of East a distance of 129.82 feet; thence South 5 degrees 46 minutes 30 seconds West a distance of 68.09 feet; thence South 40 degrees West a distance of 245.00 feet; thence on a bearing of West to a line drawn on a bearing of South 27 degrees 47 minutes West from the poirit of beginning; thence North 27 degrees 47 minutes East to the point of beginning, ALSO EXCEPT that part of Lot 86 described as follows: Beginning at the m~st northeasterly corner of said Lot 86; thence southerly along an easterly line of said Lot 86 a distance of 355.00 feet; thence west parallel with the most northerly line of said Lot 86 a distance of 54.00 feet; thence northerly parallel with the most easterly line of said Lot 86 a distance of 100.00 feet; thence northerly, deflecting right 27 degrees a distance of 72.00 feet; thence northeasterly to a point on said most northerly line of said Lot 86 distant 1.00 feet westerly of said most northeasterly corner of Lot 86; thence easterly to the point of beginning, ALSO EXCEPT the most northerly 18.00 feet of the above described property." . P.I.N 34-117-23-43-0025 Exhibit A l: \ I I , 1 I ,,, I I I I I I. ..--..J . ~ ~ ~ .., J: .g I "IJ ~ III ~ :t: I .~ III ~ .~ ~'lj III 101 <:l ..g '~<:l-l,! '" g~.~ " <I) I ~ ~ ~ Ill" t:: <:l tl.'" ~-~ -I:: \9 I\l -<""IJ 'lJ !Ol ~~i ~ ~ n ~ 1: "," '" .a ~--l .!< ~~ I:: e! ,C- @ ~ ~ <:l I "t~ ~ ----- ~ '" ~ III '" ...::: I ....~ .g '" " ~~~ .., ...... " " \I I ~\.:" ~ A ~ g-. ",,1! ~ .to .1:: IQ <::<:> ~ \:: g 'v;.." \.l "l 0 ~ I IQ .!!.~ \. I ~ I ~ I ~ I q"..L ,,~ 0/ r) , 11-, /"1 ...... W.; -' I L'J ~: ~ OO~L ~~ "-. (f', I; -........ I I I I I I ~~II~ I L..... ~ ~~ I" ~ ., ~~ I r' I I! J .f l!~ , , ~ '..' ~;;g ~"Q ~ ~~ -:?), ~ '-'/~, "-.<0", ~! ~ ~ ~ "-. 11//<'1 " ~ '.J ~ ,'-" ~ "D ~j> / / ,~ ~ ~ ~ ~~~ ~~~.. . " ~ ~.~ l:~ 'tll ~~ e.::e-. !l.~ !,~ <- ~~ ~ ~ ~ ",,-- - ~""'LI .A1.cr.,....~~ l0 fY) -- _<<r~ CO'<X-I '3.Gf/iI/.OS 8- "'~ ~. 00'2fl ....a ~~ .~::\ '~ . ~ 'O?;5'~~.~._ (X}rJOl ~ ?..Of,Bloos j . ' ,Ulno:> oll :l.Of.fi/.OS A'1l:1l:1nW ~ -........ ........ -........ ~<,,. -........ o~.:-s O:i .:) Cr) ~ ~ - - - .. ~.. . _.- ~ ~ l(j u ~ ~ C)' - .:::J t-.. o 'f .... ~ ~ e(rl""'-~::"'" ... ?er<1 .. n r,O :i > "- o . (loqe- ..../D(OI , ' -- '7/1~ /. ,::J :: fez, 10? ' /'/6"2/'''' IID.'bB 4OJ,55 " I III I~ ~ ; ~. . L f,;;;e; - , \'1 0 I.>. D ~I-\I.>.I(C'I~[[ ::> -- -- /- ~ -q- j .... III ~ : I 6>\ :t Exhibit B 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 September 8, 1993 Ed Brown, Senior Engineer Traffic Minnesota Department of Transportation 5801 Duluth Street, 3rd Floor Golden Valley, MN 55422 ~ar Mr. Brown: Thank you for sending to me a copy of the correspondence relating to a speed limit study on Murray Street. Several factors have resulted in this letter which is a request to rescind the request for a traffic study on Murray Street dated June 17, 1993. The traffic study request was a result of discussion at a City Council meeting regarding a preliminary plat for a housing development on Murray Street. Our annual 5-year Capital Improvement Program, which is being revised at this time, will include an upgrading of Murray Street within the next few years. In addition, there will likely be significant construction activity over the next several years due to the proposed residential development. Therefore, please consider our request to rescind the June 17, 1993 letter requesting a traffic study on Murray Street. . will send a new request for a traffic study at a more appropriate time llowing the completion of the construction activity and street upgrading. Thank you very much for your understanding and all the assistance you have given us on this request. Sincerely, !1TY OF SH~REWOOD /,1 . I ,/I (} 'C 11 r i " 1..'1 lj(:. vv U'-'il/ {j1.; \... -' frames C. Hurm, City Administrator JHjtln cc: Mayor & City Council Members Joel Dresel, City Engineer Brad Nielsen, City Planner Don Zdrazil, Public Works Director A Residential Community on Lake Minnetonka's South Shore ;P;-3b3 . . TO: Mayor and City Council Members /11 /tr FROM: James C. Hurm, City Administrator DATE: September 8, 1993 RE: Agenda Item #3G - Extension of Sewer to 25840 Highway 7 In May of this year, an issue paper was sent to the City Councfl discussing the problem of portions of right and center fields of Freeman Field #1 being built on private property. Bob and Margaret Osha, 25840 Highway 7, have been discussing this issue with us over the. last 6 months, and recently have indicated they are very interested in taking care of this issue as well as receiving sanitary sewer. Attached is the same proposal which was given to the Council in May. I would recommend that the $8,500.00 expense to the City be taken from the 1993 Operating Budget Contingency Line. Although it could be argued that it should be taken from the Park Fund, reality is that as we are looking for additional funds for parks and trails, which likely will come from the General Fund anyway. The Oshas' share, to be special assessed, will be fronted by the Sewer Fund and repaid over the life of the special assessment. There are a number of items yet to be taken care of, including: a waiver of hearing, title work, engineering and construction contracts, etc. The action at this time is a motion authorizing preparation of an agreement and plans and specifications for the sewer project. JCHjtln 9893.1 *3(~ OSHA SEWER DISCUSSION PAPER August 24, 1993 Considerations: The Oshas would like to hook up to City sewer because they are having problems with their septic system. When Shorewood Oaks was being negotiated, the City wanted sanitary sewer extended to the Osha and Wagner property (see map). The reported compromise struck was that the sewer would be placed deep enough in Shorewood Oaks to handle them, but the developer would not extend the line. Freeman Field No. 1 was built some 20 years ago, several years before Mrs. Osha bought the property. Although our maps showed a problem, it was not confirmed until Freeman Park was surveyed recently. Our assessor feels this back property could be valued at fifty cents to one dollar per square foot (165'x70' = 11,500') which is a range from $5,775 to $11,500. Tim Keane, City Attorney, feels that the property could be "taken" under adverse possession. I feel the Council would not want to do that. Joel Dresel, City Engineer, got an actual quote and estimates the cost to get sanitary sewer to their property line to be $17,000. . Proposal: The City could install the line and share expenses as follows: LSAC to City Project Cost Osha Cost $1,000 $8,500 city Cost Total $8,500 $17,000 . Osha pays cost of lateral to house and plumbing; . This property was assessed $560 in trunk charges when City-wide sewer was installed; . . Osha may receive a $3,000 to $4,000 tax deduction for donating land to City valued at $11,500; . Osha saves the cost of installing a new mound septic system ($5,000-10,000) ; . Osha and City save legal costs involved in purchasing or taking the park land ($15,000?); . City saves the expense of purchasing the "park" land valued at up to $11,500 - settlement could be perhaps at 75 cents/sq. ft. or $8,666; . City would not necessarily be setting a precedent, should there be concern because we would be receiving land for our $8,500 "investment"; . The City could spread Osha's project cost as a special assessment over a five to ten year period with installments going back to the sewer fund. 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"i. ," . f . ! ?: \ \. 1. " _, / / ..... P l.lN..fjo.l=J T' 0 P : 1 ~ I .'.' ]' _1'..... ' I ~.-.. ,_ :.,.,.' . ...- . ~ f\ " . . -.r - '7 ';'_'. - ~ . l'.~.~-" - .,-' . . . _ ,f? 1... -' ,- ' . 0 6-1 i L\ \ ..,' ~..) .' '2 NW I .. \ \.. __ _ . . . .' .. ."-,, 2-Z <Ii 1; \ ....." ' __ . ." ~ ~~,.J-~~~~"'" I """'; ~ ' 02 II \1' I i \""" ~~~.~.~~~<,. . _ , _eB2".J" " ' , 4"'- @ .~ _ "'r "-c- ~ . L:::--- '. - - - - - - - - - _____ - --:I ~ ----=--- ---- ---- ---. -- ~ ,- . .- . .. ~ . -. J ) ... " <. ! .:.. ) ) I J' '.-; ....:.... t._> t.r; .t-"~. ..~..r~~'; .-..",' I.'.... ," ~ =--.-' .- t .. " "> ; "~ , ~ , ..~ '''~ i " '- t) _':r:.._M......:..-::......_- '. -----. ......... .......... oco .-U1 ..~ ;::'1. '.:,J " Vl o o c:: N -.;r J" ~. ..( i .:. I <~ I- 3:0 ..J u.. au.. o L1..l ZVl -0 ..JO c:: 3:~ Ul L1..l ,{ \i~ 'l.. \ , \: L1..l , I '-- , '-/ -,- , \\ i Ii '.'7~ l.JJ ... ... rr'l u..rr'l 0.- h Vl' 00 OZ c:: J: l- I I I I L1..l . 00 .-aJ :::> . Vl 3: u..O 0:::> <t .. ii . ' ~ ; l i i ~ i ! i L1..l :'S"' Z co .-1(]'l ~~..,~,~ 11 Y ~~)1f r x~__~ 98';' .: ,if . I- L1..l0 ..J co' (]'l: .....-::' ..;t: \ '-0 l 'r'-.....1 I' .<:""';1 , <:) J .~..ro-~ SP I ~r-'" ~ i Q.56/,1<PO! ! '-. 'i c::; , (p-::.:..r.:;:::".----'-'-"'" r; ~"IVYv\.. . ~ ~ (r~.Q. ~ ( ;\ ~ .... .... W J: l- I 1 I __ I .. ....1 u.. o f' % ... .J- T '. J-'" w~ ~-:N'r --- ;. !'!".; ~\}-JY , - ~-~:.; ", RESOLUTION NO. 93- A RESOLUTION SETTING THE 1994 PROPOSED GENERAL FUND BUDGET AND THE PRELIMINARY 1993 PROPERTY TAX LEVY COLLECTIBLE IN 1994 WHEREAS, the City staff has presented to the City Council the proposed 1994 General Fund Budget and the 1993 property tax levy collectible in 1994; and, WHEREAS, the City Council has met to review the proposed budget and property tax levy; and, WHEREAS, the City Council must approve and certify its proposed 1994 budget and preliminary property tax levy for 1993, collectible in 1994, to the County Auditor by September 15 of each year. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The 1994 Proposed General Fund budget is hereby set at $2,433,515. 2. The following sums be levied for 1993, collectible in 1994, upon taxable property in the City of Shorewood for the following purposes: General Fund Less: HACA Net General Fund General Obligation Water Storm Sewer District No. Total Levy $1,954,465.00 ( 425,265.00) $1,529,200.00 18,825.00 8,022.00 $1,556,047.00 Revenue Bonds 2 . 3. That the City Administrator jClerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of September, 1993. Robert B. Daugherty, Acting Mayor ATTEST: James C. Hurm, City Administrator #,-3 H . . RESOLUTION NO. 93- A RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 1994 GENERAL, WATER, SEWER AND RECYCLING FUND BUDGETS AND THE 1993 PROPERTY TAX LEVY COLLECTIBLE IN 1994 . WHEREAS, Minnesota State Law requires local governments to hold public hearings on their proposed budgets and property tax levies, and to publish notice of said public hearing to achieve truth in taxation, and, WHEREAS, the Minnesota Department of Revenue has issued guidelines for local governments to follow in implementing truth in taxation requirements, and, WHEREAS, it is the intention of the city Council to comply with such guidelines, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that a public hearing on the proposed 1994 General, Water, Sewer and Recycling Budgets and the property tax levy for 1993, collectible in 1994, be held on Tuesday, November 30, 1993, at 7:15 p.m., or as soon thereafter as possible, and be reconvened for the purpose of passing on such budgets and levies on Monday, December 13, 1993, at 7:15 p.m., at the City Hall, and that notice of such public hearing shall be published in accordance with Minnesota State Law and guidelines set forth by the Minnesota Department of Revenue. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of September, 1993. Robert B. Daugherty, Acting Mayor ATTEST: James C. Hurm, City Administrator fF3I ADVERTISEMENT FOR BIDS SANITARY SEWER..l WATERMAINWSTORM SEWER AND A~PURTENANT ORK SEASON'S ELDERLY HOUSING PROJECT CITY PROJECT 93-2 CITY OF SHOREWOOD,.MINNESOTA NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in the City of Shorewood, Hennepin County, Minnesota. at the Shorewood City Hall, 5755 Country Club Road. Shorewood, Minnesota 55331, until 11 :00 8.m. on the 24th day of September, 1993, and will be publicly opened at said time and place by two or more designated officers or agents of the City of Shorewood. Said proposal to be for the furnishing of all labor and materials for the construction complete in place of the following: Approximately aoo L.F. Approximately 1600 L.F. Approximately 1600 L.F. a" Sanitary Sewer 6", a" and 12" Watermain 12" - 33" Storm Sewer . Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal forms provided in accordance with contract documents. plans and specifications as prepared by Orr-Schelen-Mayeron & Associates, Inc., 300 Park Place Center, 5775 Wayzata Boulevard, Minneapolis, Minnesota 55416-122a, Consulting Engineers, which are on file with the City Clerk of Shorewood and may be seen at the office of the Consulting Engineers. Copies of Proposal Forms, Plans and Specifications for use by contractors submitting a bid may be obtained from the Consulting Engineers, Orr-Schelen-Mayeron & Associates, Inc., 300 Park Place Center, 5775 Wayzata Boulevard, Minneapolis, Minnesota 55416-122a, upon deposit (non-refundable) of Thirty Dollars ($30.00) per set. No bids will be considered unless sealed and filed with the City Clerk of Shorewood and accompanied by a cashier's check, bid bond or certified check, payable to the City Clerk of Shorewood for five percent (5%) of the amount bid to be forfeited as liquidated damages in the event the bid is accepted and the bidder should fail to enter promptly Into a written contract and furnish the required bond. The City of Shorewood reserves the right to reject any and all bids. No bids may be withdrawn for a period of . thirty (30) days from date of opening of bids. DATE: August 23, 1993 BY: ORDER OF THE CITY COUNCIL 1St James C. Hurm City Administrator jClerk Shorewood, Minnesota PUBLISHED IN: The "Construction Bulletin" The "Sailor" September 3 and 10, 1993 September 1 and 8, 1993 OSM Project No. 5047.07 #= 3"3 I RESOLUTION NO. 93-_ A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SEASONS' DEVELOPMENT WHEREAS, pursuant to a resolution passed by the Council on July 26, 1993, the City Engineer has prepared plans and specifications for the Seasons' Development and has presented such plans and specifications to the Council for approval. NOW THEREFORE, BE IT RESOLVED By the City Council of the City of Shorewood, Minnesota: . 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the "Sailor" and in the "Construction Bulletin" an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 10 days, shall specify the work to be done, shall state that bids will be opened and bids the responsibility of the bidders will be considered by the council at 11:00 a.m. on September 24, 1993 at the Shorewood City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5 percent of the amount of such bid. . Adopted by the City Council of the City of Shorewood this 13th day of September, 1993. Barbara J. Brancel, Mayor ATfEST: James C. Hurm, Administrator/Clerk if- 3 :s :<. . . RESOLUTION NO. 93- A RESOLUTION ACCEPTING GRADING AND EXCAVATION IMPROVEMENTS IN SILVERWOOD PARK, PROJECT NO. 92-1 WHEREAS, the City of Shorewood has entered into a contract with Doboszenski & Sons, Inc., for grading and excavation improvements in Silverwood Park; and, WHEREAS, the Contractor has petitioned for final acceptance of the project based on work performed to date; and, WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE, BE IT RESOLVED that: The City hereby does accept the work completed pursuant to said contract, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: 1. The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 3. Evidence in the Form of an aff idavi t that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of September, 1993. Robert B. Daugherty, Acting Mayor ATTEST: James C. Hurm, Administrator tF3/f O VanDoren Hazard Stallings. Inc. ( Archit;ect;s . Engineers. Plsnners August 4, 1993 Mr. Jim Hurm City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Silverwood Park City Project PK-1-92 VHS Project NO. 92-307 . Dear Jim: Enclosed is Doboszenski & Sons Inc.'s third and final Application for Payment for the referenced project. This application is for the release of the remaining retainage. The Contractor has completed all work including all punchlist items. Also included are the lien waivers and withholding affidavit, form 1C-134. The Contractor will furnish a one year maintenance bond prior to receiving final payment. We certify that all work is in accordance with the plan and specification for this project and therefore recommend that the City of Shorewood accept this project and make final payment in the amount of $2,715.62. with this payment the City of Shorewood will have no further financial obligation to the Contractor for this project. . Sincerely yours, VAN DOREN-HAZARD-STALLINGS, INC. /?;~.91 J}~ Max J. Daubenberger P.E. Vice President cc: Doboszenski & Sons, Inc. MJD/ev JBURHFAP.LTR 3030 Harbor Lane North, Bldg. II, Suite 104, Minneapolis Minnesota 55447-2175 (612) 553-1950 . . CONTRACTOR'S APPLICATION FOR PAYMENT TO (Owner): Application No. Three (Final) . City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Percent Complete 100 % Period from 02/18/93 to 06/15/93 FROM (Contractor): Application Date: 06/15/93 Doboszenski & Sons, Inc. 6450 pioneer Trail Loretto, MN 55357 Application Amount $ 2.715.62 VIA (Engineer): Contract for: Silverwood Park Improvement Proj.PK-1-92 Van Doren-Hazard-Stallings, Inc. 3030 Harbor Lane North Suite 104 Minneapolis, MN 55447 Contract Date: 06/17/92 Original Contract Amount ..................... $ 44.800.50 Change Order Summary \ C.O. No. Date Approved Additions Deductions Payment No. Amount Payment No. Amount 1 2 $25,202.08 $26,394.80 Net Change by Change Orders..................$ Contract Amount to Date......................$ Total Completed to Date......................$ Materials Stored.............................$ Completed and Stored.........................$ Retainage 0 %.............................$ Total Earned less Retainage..................$ Less Previous Payments.......................$ Amount Due this Application..................$ 0.00 44,800.50 54,312.50 0.00 54,312.50 0.00 54,312.50 51.596.88 2,715.62 The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior application for payment under said Contract, being Applications for Payment numbered through 3 inclusive; and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated Col-a..\ , 19 93 ~ ~(:)~:;2~~ ~ ~ (fy\~ 'dn,- Contractor By: U.P~ . County of State of ~~ N\~ Before me this d\~ day of ~ ,19<1~, personally appeareaCX>-u~0J0~ ~~--id-C\~ ~own~o me, who being duly sworn did depose and say that he is the \J. \-",,(L~ (Office) of the Contractor above mentioned; that he executed the above Application for Payment and statement on behalf 0; said Contractor; and that all of the statements contained tK~~ein are true, correct and complete. .,' " 9...'#.".~".~". - ....f'...~ :@;:;. ..~..' T.A.F. DOBOSZENSKI ; .- .' 5' Notary Public Minnesota I . .' HENNEPIN COUNTY ~. ...~.;:~~:~: E~piffi APr.,~:,:::,. . "'~~~~ . -? 'I' My Commission EX~'i~~~~: L-\ \ 2. 0\ C;~ APPROVED FOR PAYMENT: Dated , 19_ By: CITY OF SBOREWOOD R-LlLr <;~~ ENGINEER Dated ~/z , 19.f:L By: &1fPCAPD3.S15 CONTRACTOR'S APPL~CAT~ON FOR PAYMENT OWNER: C~TY OF SBOREWOOD CONTRACTOR: DOIlOSZENSItI , SONS, INC. 5755 COUNTRY CLUB DRIVE 6450 PIONEER TRAIL SBOREWOOD, MINNESOTA 55331 LORE'n'O, JIB 55357 CONTRACT FOR: SILVERWOOD PARlt IMPROVEMENTS APPLICATION 50. 3 (FINAL) PERIOD PROM 2-18-92 TO 6-15-93 IMPROVEMENT PROJECT 50. Plt-1-92 CONTRACT DATE 6-17-92 ---------------------------------------------------------------------------------------------------------- CONTRACT UNIT II THIS PERIOD I TO DATE ITEM QOANTITY PRICE QOANTITY I AMOUNT QUANTITY I AMOUNT ----------------------------------------- --------------------------------------------------------------- Clearing and Grubbing 1.00 L5 $2,300.00 0.00 $0.00 1.00 $2,300.00 2. Common Excavation 3,483.00 CY $3.50 0.00 $0.00 6106.00 $21,371.00 (Plan Quantity) 3. Pond excavation 5,300.00 CY $5.00 5300.00 $26,500.00 5300.00 $26,500.00 (Plan Quantity) 4. CClIIIIIlon Borow (CV)(P) 80.00 CY $12.00 0.00 $0.00 0.00 $0.00 5. Geotertile Fabric 1,000.00 SY $1.00 0.00 $0.00 1795.00 $1,795.00 6. silt Fence, Type 1 260.00 LF $2.50 0.00 $0.00 425.00 $1,062.50 7. Seeding 1.00 AC $1,200.00 1.07 $1,284.00 1.07 $1,284.00 ----------------------------------------------------------------------------------------------------------- . TOTALS FOR BASE BID I $27,784.00 I I $54,312.50 I Change Order No. TOTALS FOR CBANGE ORDERS $0.00 $0.00 PROJECT TOTALS $27,784.00 $54,312.50 ~ = -. < ~ "'! Q ~ ~ tfj n tfj ~ ~ " _. lJ'Cl :r - tI:l ~ ~ :r = = _. ~ tI:l ,.. = = Q. ~ ~ -. ~ = '" S' 0: ~ ? s- '" ~ a S E: Q c ~ -l "" .. "" ~ s- "" ~ 3 n. 0 0 i> n. ... c = .. !O. c c' a c:. lIii ., '" ~, n. 0. .. :;! S' ,., ~ ,., ,r.' "0 V> &: "" ,.,. r -l ~ ~ " = = ..., Q. 0 n. )> r )> ~ ~ 0. V> c: -l 0 c 2) -l ~ ..., :i = i> ~ m :: a 'S' S s- o. '" I:l:l "" s- m " n. n. Z Z ,., "' 0. n. Z "" 0 <F.' ~ .., Cl .Cl -l .. = ... = s: ~, c d ~ " j ~ :r ~. 0. s- n ~ 5' 5' g: I:l:l .. " "' e; ~ -l m n' " "" !a, :J = "' c' "' " '" z V> ... ~ ,., ~ 0 )> 15 3 ... Cl <F.' .., 1?" ~ a" ~ "" ~ C;;" "' )> z r;; lIii ~ Q. .. S' Z m ~ a Q. .., :::1 S' '" 0 0 ~ ri ~' "" V> I:l:l ~ .., a .., -< .. '" .. "' '< cr.' '< c ~ " s- a ,., '" !O. n. "" a .!! a ~ So, Form No. 237M - Receipt and Waiver 01 Mechanics' Lien. Walter S Booth Co RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS (Appro"ed by Minneapolis Real Estale Board) N.B. - It is impol1ant that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. I. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by panners in co-pannerships. 2. It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date. so state. SHOW UNPAID BALANCE. and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing. heating and plastering materials. etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. c:::, - d.- \ , l~ 3 ~ _~e, C\ The undersigned acknowledges having received payment of ""\ ~~ ~<lr.-.-.. c..~ ~~~~A ~~~,($ ~"11~..~2) From ( ~ ~ ~ <\SL ~ in full payment of all ~Cf~~ - (Kind of Material or Labon by the undersigned delivered~ fumi~hR to (or performed at) ~L.UU~~~ (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or~ma\teriaBI fyumiS~h~~,~e~i Ases p .~.ri, c~r to ~e :::ere~~. '~ PLUMBING, HEATING and PLASTERING ~~~', contractors must sign statement on reverse hereof. ~--e Address L ~ -S"S~~~ ~ ~ -. < ~ .., ~ ::d ::d trj _. ~ ~ (i C" (JQ = trj ~ =- ~ Q. ~ - - -= tI) =- ~ 1-3 = -. ~ tI) ... t- -. ~ = a s. .. s- a s- CI:l = 0 !!' " -l .. 0. '< !'\" ~ c !:; .. ::T s- oe [ a " ~ g !!' ::T C C g C = i'l s- C' ;:!. Q. C ~ VJ ..- " ~. ~ -; = .. .. !!' 0. r; "". r -; >- r; 0; .!:; ::T r = >- r -; r; " = " VJ c: m s. ::T s- o. 0 0. -l := := " " ~ ~ ~ 0. 5 ..- m CI:l m i'l c 0. ::a 2 :z = s- 2 2- t'l 0. s- oe Cl -l n ~ n " " Cl .0. Q. '0 -l a or. " v- "". ~. ~. c 8 s; 0 t'l = s- j CI:l ::T g 2- s- > .. S. :z m = i'l S. n -l -l VJ ,:;- ..- ~ 0. ::T 0 ::a 2 CS .. "'. f#. '" n !:; .., >- Cl or. 0 ~ :z ,,. n C' Q " a- >- m or. ~. g' a- 0; = 1 '< 0 :z 0 ., 0. S. ::a 0 "". "Sl ::T ~ S. VJ CI:l :r n " '0 oe -< ;; or. Q. ., ~. " " '0 ~ ;:!. a- a .. '< '< '0 :;;. s- = ~ .. " i't '< or. !!' ;:!. or. = a- Il c i't ':' ~ ~. t'l ;:!. :r ( Form No. 237M - Receipt and Waiver of Mechanics' Lien, Waller 5 Booth Co RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS (Appro"ed by Minneapolis Real Esla'e Board) N.B. - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. I. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in co-partnerships. 2. It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN. ' 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE. and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing. heating and plastering materials. etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. From all (Kind of Malerial or Labor) by the undersigned delivered or furnished to (or performed at) ~ J.. ~A.. '-U" -cs ~ ~ (Stree, Add..ss or Legal Descriptionl PLUMBING, HEATING and PLASTERING contractors must sign statement on reverse hereof. and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior to the date hereof. U~~~~~~~ B~~~~~~ ~ Oc ::"'\ Address L~ S-S ~S I ~ = _. < ~ .., Q == ~ == ~ -. ~ = (1 ~ (JCl = ~ ~ =- ~ Q. ~ ..... - =- ""= C'Il = -3 = -. ~ C'Il '" ~ -. ~ = 3 Er .. S' 3 S' C:l ::l a 0: " -l '< .. ~ .". 1\" 0: :T 1\" c S' 1)1: ~ 3 " ~ Q !; :T 0 c Q c ::l S' c> a c- ~ " c 3 , en ;r ::l 0: "'tl -l 0: !; .". cr' r: 0;:> r "'tl > " &" 1:; :T ,.,.. ::l > r -l " " " ::l " en c:: m Er :T S' .". 0 .". -l ~ ~ ~ ~ 8- '" 0' ;r g' m C:l m <'il c 0- ;:c Z Z ::l S' Z 0 " 0- S' ~ 0 -l .., '" a " .". " 0 d -6> 'to 3 0;:> ~" ~" c n :t: " ;;; -a 0 m r: ii S' C:l :r Q S' 0 Z > m .. 0- 5" 5- f; -l ::l <'il -l en ~~ ;r .., 0- :T 0 ;:c z Ci .. e; '" " " .., > 0 " ~ 0 n z ti> ~ C' Q a- a- d > m ::l ~- ~ '< "' z 0 ~ ~ c- o: 5> ;:c 0 c:: 0;:> ';l :T ::; 5" en -< ~ " " ~ 1)1: f; 0- ~. 'to g' a a- 3 0: '< '< 'to ;;.' S' ::l ~ 0: ~ n: '< s a v. ::l a- Il c n: ':' ~ 2.> " a :T Form No. 237M - Receipt and Waiver of Mechanics' Lien. Waller 5 Booth Co RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS (Approved by Minneapolis Real Eslate Board) N.B. - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. I. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in co-partnerships. 2. It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date. so state. SHOW UNPAID BALANCE. and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing. heating and plastering materials. etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 3- ~ 'S-. . ,1953 (:1le) -'- ~ t\ The undersigned acknowledges having received paymenh.cl"\ ~-~ ~ '-h ~~~ ~~~~'<'.L~~~ ~~~(~Dol;arS,(~b~9i: ~O) ~..mount PAI~~_ _ _ ~ "u.....a 0 From~. \~ in .paymentOf !'Oame of Pa)' alI (Kind of Malerial or Labor) by the undersigned delivered or furnished to (or performed at) \)...,'. SA~~~ (Street Addre.. or Legal Description) PLUMBING, HEATING and PLASTERING contractors must sign statement on reverse hereof. and for value received hereby waives alI rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skilI or material furnished to said premises prior to the date hereof. ~~~ ~~ Address L ~ ~~-Sl F"orm te.13" nav to1t Mlnnllote DepBrtment of Rlvenue Withholding Affidavit for Contractors c., lh1s _'Mavn mull be IlWlov.d by Ihe MI""esola OC!p~rhnont 01 flovenue bolort 1ft. Stete of Mlnneloll Of Iny 01 h lubdvlslon~ elln make llnal p:JymenllO eontrlelor.. . 1MtN1ef8';~ '3 \ ~~ OS~' '. ~;;;;t~-"'-".G-i'9 '::l.---' _.....-_.......~.-_. . 'u;,;,;,..,~.~"- '~'C:I Q-3" ....--..---..'" .___u4'" - T~~'~;~'.;;;;;'-j - s~ .~ 3" ~~'-S6'" .... n_._.... ..- -"'-' ~ft ~2' .~ksii':" : ~-.~::::_:_'.':.-:~_~:~~~ ~ d,-7i::s~_~~':. . .-. .". .':'-- " :. .: ~..:~~::::.:..:::,." "'.....' ~ .~==XlS.-::~....ffi-;;).--. -P;"edowner;' r"~--"""--:J''' "~~ffl-'-""'''. ---~- ...- - . ~~-~=~-_.... ,..-.--.-'- ........ -. Add,... .s J ~S . . . DOBOSzENSKI & SONS, INC, 6450 PIONEER TRAIL LORETTO, MN 55357 _.._- ..' ....... .. .. .. ~"'- Mtr... It,.. I. Cedi hId 'h' box ,It" desert".. your Involv,nttnr In 'he proJleI ,nd "" In ." Inform.rlon ,.qu,,'ed In rhl' c,'ego,.y: . ; LJ 90lt contrlctor .....------.-.. ..-.--............ .".---...--.-- . If you er. .IUtx:onltact04'. 'III In the name end address 0' I~ contractor 'hal hired you: . U 9ubeon'rttlOr ~ 'p.ln1. Con'rlc'o, " yoU lubconlracled out .ny work on 'hIs plolne', III of your lubcon'rBclor. musl file lholr own yu 1C-13.c ellldlvltt end hBve thorn eerUned by Ihe Departmenl of Revenue beforo you can lilt your ."'davll. For tach lubeonlraclOf you had. fill In the buslne~s Inlormallon below. end altach · copy of each lubconlrac'or', certified IC.134. (If you need more .pate. 81lach .lIparele sheet.) 8\111n." MmI Addr.ss Owf1trlOllleft -.... ~ .. , e" _..............................----......"...-................--..'.. . ..... -.. ,. - -....... ....0'.' _...~ .~..- .............--....-.. .. __.._. ... _......_ ....... . . .... .._ _...._... ._. . ....___... ..... ,W H.' ..... .- ...................-... ...-..........--- .--.---........ .... .....;........... ...--...--.......... -.... . . --....--. . _0'''' __'_. "..' '0__ ____... .....__. _.__. 4..._.~-......_------ ....... .._...._____.... .... ... ". ..._______.___..........- ................--....., ..... --.--. I . . ._... .. .........__... ....~_... 1..1'.' . _.... _ ........ __...... . ..____._...___._. _..... ..... . I . .. ..0. .... _ ......_ ___. . ...... ____u_. __.N" . ....-..... .- . .. ....... . cMc'.,. thl"! rOf",llIon '1'1..... tilled k1 on 1hI1 fOrm II "u. and eompt"lI to Ih. bet' of '"' "nowIedgf "net beftef. '.ulllO/l,. th. Ooptr1mtnl of R.".no. 10 elI.clost Pfrtlnant Inl00ma~on 'tilting 10 11111 proteet. 1ne~"O ..~ coot.. ollhlt 1ofR\. eo;;I,ktdl'i i~i~ 1111 JlI1In.e Con!'~ ~ I .~ ! .~'ltIor, and 10 ~nr ~~~d~~ ".1 !m . '""' conlrlClClf. and 10 \hi eontflCllng 'a!t~~ _. ... ...- - ~-n~~~ ~ 0Jd-II')~ F'or certil1catlon. man '0: ' Mlnne~o'lII Department of Revenue. buslneSI Trutl t.. Section Mall Station 8810, St Paul. MN 55'46-6610 Cer1lJ1cale of Compliance with Mlnnesote tncome Tex WnhhOldlng law . lJued on reeords of the Mlrlll850la Oepartment o' n.veno., I certlfv that the eonlrector who hB!l sIgned this cerllf1cate has Mlilfed .n the roqulrernenll of MInnesota Statules 290.92 end 290.97 concerning the wtth~ldlng 01 Mlnnesofa Incom' laxlrom WAg.' p.,ld to .m~loY'e!I ,elallno 10 contract services wllh Ihe Ilale 01 Mlnntlola and/or II' .ubdlvtslon&. . &'IM".' " "'lIooII"" t\olf>ll<1IMn' " ",.;...v. .ilict.i. [In.. . COJ Van Doren Hazard stallings, Inc NdkII ..... ,... LElTER OF TRANSMrTT AL vL..l L lS~3 IE: JOJO Harilor Lane North. Suite 1 0<4 t.finneapon.. WinnMOta 55447 612/553-11150. MlE TO:~;!tt~ -~ .:r - _ -~ .-L.;(../. ~.g~ ~_. . Q..., ~. .S-S'J j ) WE ARE SENDING YOU Jf Attached 0 Under separate cover via o Shop drawings 0 Prints 0 Plans 0 Samples the following items: o Specifications o Copy of letter o Change order o CCl"IES M1!: 1Cl. .........llWft THESE ARE TRANSMITTED as checked below: o For approval o Approved as submitted o For your use o Approved as noted Jl(As requested o Returned for corrections o For review and comment 0 o FOR BIDS DUE 19 o Resubmit _ copies for approval o Submit _ copies for distribution . o Return corrected prints REMARKS: o PRINTS RETURNED AFTER LOAN TO US ~ 7'''' -z- ./ COPY TO: Very truly yours, V~ DOREN"": HAZARD-STAlLINGS. INC. SIGNED: ~. ()~-~-/ If ......... _ .. _ -. ......, -, _ << _ AUG \ 6 Ism APIX) August 9, 1993 CERTIFIED PUBLIC ACCOUNTANTS AND CoNSULTANTS Honorable Mayor and City Council City of Shorewood Shorewood, Minnesota . This letter will confirm our understanding of the services we will provide for the City of Shorewood for the year ended December 31, 1993. We will audit the general purpose financial statements of the City as of and for the year ended December 31, 1993. Our audit will be made in accordance with generally accepted auditing standards and government auditing standards and will include tests of the accounting records of the City of Shorewood and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. . Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Member of American Institute of Certified Public Accountants Private Companies Practice Section 115 EAST HICKORY STREET, SUITE 302 ro. BOX 3166 MANKAm. MlNNESarA 56002.3166 15071625.2727 FAX (507) ]88-9139 204 EAST PEARL STREET PO BOX 345 OWAlONNA, MlNNEsarA 5;Q6()"()345 (507IN9136 FAX (SOil 451-0794 1060 NOImiLASD PLAZA 38CO WEST 80TH STREET ML"NEAPOLlS, ML\:~EsarA 5S431 (612) 835-c:t"'X' FAX. (612) 8%-3620 iF3 L City of Shorewood August 9, 1993 Page Two AID) ~ CERTlAED Puauc A=MrANTS AND CoNSUlTANTS We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or . ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our preliminary estimates, the fee will not exceed $8,850 for 1993. The estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. . Sincerely, ABDO, ABDO & EICK Certified Public Accountants h tf.~ Gary A. Groen, CPA Minneapolis Office GAG:kls City of Shorewood August 9, 1993 Page Three RESPONSE: This letter correctly sets forth the understanding of the City of Shorewood. By: . Title: . Date: AP[() ~ CEK11AED PuBuc Aa:oumANTS AND OlNsuLTANTS :~\ Ai s\JJ6 1 9 1993 CITY of lVIOUND 5341 MA YWOOD ROAD MOUND. MINNESOTA 55364-1687 (6121472-1155 FAX (6121 4720620 August 18, 1993 . FROM: ALL FIRE CONTRACT CITIES(~ 1 '\' ED SHUKLE, CITY MANAGER TO: SUBJECT: 1994 FIRE CONTRACT BUDGET PROPOSAL Enclosed is the 1994 Fire Contract Budget Proposal. It follows the same format and approach as used since 1982, with the exception that we are now using market value instead of assessed value. capital outlay includes the following: 1. Office Equipment and furnishings 2. New Tanker/Pumper Office equipment and furnishings represents some basic items that are in need of replacement, i.e., copy machine, tables, chairs, VCR, slide projector, etc. . The new tanker/pumper represents replacement of Mack Engine #12 and the old tanker that the department has had for many years. Estimated cost is $250,000. As you recall, we have been setting aside monies in the fire truck repair account since 1991. originally, we were going to set money aside for an addition to the fire station. That project was "shelved" due to higher than expected costs and the 1991 budget allocation of $40,500 was shifted to the fire truck repair account to use toward refurbishing Mack Engine #12. In the 1992 budget, we set aside $30,000 for fire truck repair and again in 1993, we budgeted $30,000 in that account. The Fire Chief has now indicated that it would make more sense to spend money on a new pumper rather than spend it on refurbishing the unit we have. In addition, he has stated that there is a need to replace the old tanker and rather than to buy two separate units, combine the tanker and pumper into one vehicle. Estimated cost is $250,000. @ printed on recycled paper 13 (Y) Memo to All Fire Contract Cities - August' 8, 1993 - Page 2 Therefore, in 1994, the Fire Department will purchase a Tanker/Pumper for an estimated amount of $250,000. The City of Mound will advance $120,000 to be paid back at 5% interest per year for five years. The balance of the $130,000 will come from the cash in this fund. We have again reviewed the annual increase for the Fire Relief Association. From 1982 until 1990, we have been collecting a 10% annual increase for this purpose. In the 1991 budget, we reduced the annual increase to 4%. In the 1992 budget, we again included a 4% increase. For 1993, a 7% increase for the fire pension contribution was approved. For 1994, we are proposing a 4% increase in the contribution. Currently, the pension benefit is at $425 per month. staff annually meets with the Fire Pension Board regarding the . cities' contribution to the pension program. We indicate that we want to be able to provide a fair and equitable pension benefit to our firefighters and to maintain an incentive to attract new candidates to the fire department. However, we also emphasize that all of the cities in the fire service area are striving to hold the costs of government down and that we must be realistic with each other as we prepare our budgets. The Fire Department is very proud of the quality of their equipment and the service they provide. The city of Mound is proud of having such a dedicated group of individuals who volunteer their time for the safety of all or our citizens in the fire service area. Please review this information and the proposed budget and contact Don Bryce, Fire Chief, or myself if you have any questions. . ES:ls cc: Don Bryce, Fire Chief . 1994 FIRE CONTRACT MATERIAL . A - MARKET VALUE 1993 1993 1992 1992 VALUE PERCENTAGE VALUE PERCENTAGE MINNETONKA BEACH 67908700 8.65% 68791600 9.02% MINNETRISTA 97595400 12.421:1- 89452100 11.73% ORONO 205848800 26.21% 192708700 25.27% SHOREWOOD 15334700 1. 95% 14845800 1. 95% SPRING PARK 56834000 7.24% 59692200 7.83% MOUND 341909000 43.53% 337051100 44.20% --------- --------- --------- --------- 785430600 100.00% 762541500 100.00% . B - FIRE & RESCUE CALL HOURS 1992 1991 1990 MINNETONKA BEACH 368 * 3.46% 509 5.00% 465 4.05% MINNETRISTA 1216 * 11. 42% 1519 14.93% 1574 13.70% ORONO 973 * 9.14% 1009 9.92% 1169 10.18% SHOREWOOD 187 * 1.76% 83 0.82% 48 0.42% SPRING PARK 1884 * 17.70% 1437 14.12% 1539 13.40% MOUND 6016 * 56.52% 5617 55.21% 6691 58.25% ------ ------ ------ 10644 * 100.00% 10174 100.00% 11486 100.00% * The total Mutual Aid hours in 1992 was 220 (down 140 from 1991). . Each city was allocated 37 hours for Mutual Aid calls. C - COMBINATION OF MARKET VALUE AND FIRE CALL HOURS MARKET 3 YEAR VALUE AVERAGE FINAL PERCENTAGE FIRE CALLS PERCENTAGE MINNETONKA BEACH 8.65% 4.17% 6.41% MINNETRISTA 12.42% 13.35% 12.88% ORONO 26.21% 9.75% 17.98% SHOREWOOD 1. 95% 1. 00% 1.47% SPRING PARK 7.24% 15.07% 11.16% MOUND 43.53% 56.66% 50.10% --------- -------- ----- 100.00% 100.00% 100.00% 1994 BUDGET BREAKDOWN ---------------- RELIEF FIRE DEPT ASSN TRUCK 1994 1993 BUDGET CONT REPAIR COST COST ------ ------ -------- ------ ------ MINNETONKA BEACH 15396 4961 1923 22280 23472 MINNETRISTA 30952 9975 3866 44791 44100 ORONO 43181 13915 5393 62489 65648 SHOREWOOD 3539 1140 442 5122 4585 SPRING PARK 26799 8636 3347 38782 35338 MOUND 120324 38775 15029 174128 175482 ------ ------ ------ ------ ------ 240190 77402 30000 347592 348625 . ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ AREA FIRE SERVICE FUND BALANCE BALANCE JANUARY 1, 1993 90688 1993 REVENUES 274200 ESTIMATED 1993 EXPENDITURES -244200 . ESTIMATED 1993 FUND BALANCE ADD 1994 REVENUE 120688 270190 LESS 1994 EXPENDITURES -370190 * PROJECTED BALANCE DECEMBER 31, 1994 20688 ------ ------ *IN 1994 THE FIRE DEPARTMENT WILL PURCHASE A TANKER/PUMPER FOR AN ESTIMATED AMOUNT OF $250,000. THE CITY OF MOUND WILL ADVANCE $120,000 TO BE PAID BACK OVER FIVE YEARS. THE BALANCE OF $130,000 WILL COME FROM THE CASH IN THIS FUND. 1994 BUDGET RECAP OPERATING COSTS CAPITAL OUTLAY (FIRE TRUCK REPAIR) FIREMAN'S RELIEF PENSION 240190 30000 * 77402 TOTAL 1994 FIRE COSTS 347592 ------ ------ 1994 COST BREAKDOWN FOR EACH CONTRACTING CITY MINNETONKA BEACH 347592 X 6.41% 22280 . MINNETRISTA 347592 X 12.88% 44791 ORONO 347592 X 17.98% 62489 SHOREWOOD 347592 X 1.47% 5122 SPRING PARK 347592 X 11.16% 38782 MOUND 347592 X 50.10% 174128 ------ TOTAL 100.00% 347592 ------ ------ AREA FIRE SERVICE 1993 COSTS . ORONO (18.0%) SHOREWOOD (1.5%) MTKA BEACH (6.4%) PRING PARK (11.2%) MOUND (50.1%) AREA FIRE SERVICE FUND RECAP OF COSTS BY CITY 1994 1993 1992 1991 ------ ------ MINNETONKA BEACH 22280 23472 21855 22664 MINNETRISTA 44791 44100 37990 37717 ORONO 62489 65648 59349 60947 SHOREWOOD 5122 4585 4410 5400 SPRING PARK 38782 35338 34117. 35169 MOUND 174128 175482 163435 160999 ------ ------ ------ ------ 347592 348625 321156 322880 . ------ ------ ----- ------ ------ ------ ------ ------ . FIRE DEPARTMENT 4170 --------------- 1991 1992 1993 1994 CODE ACTUAL ACTUAL APPROVED PROPOSED -------- -------- -------- -------- 1370 CHIEF'S SALARY & OFFICER'S PAY 25555 27705 27900 28000 1380 DRILL PAY 7572 7078 8000 8000 1390 MONTHLY SALARIES 61257 66106 65000 71000 2100 OFFICE SUPPLIES 398 330 400 400 2140 COPY MACHINE & FEES 279 433 350 300 2200 OPERATING SUPPLIES 14821 16101 15000 16000 2210 MOTOR FUELS 2361 2450 3000 3000 2230 CLEANING SUPPLIES 179 241 400 400 2270 SAFETY SUPPLIES 2910 569 2000 2000 . 2280 FIRE PREVENTION (FIRE INSPECTOR) 937 600 1500 2000 3100 PROFESSIONAL SERVICES 2427 350 0 0 3140 MEDICAL SERVICES 267 3412 1000 2000 3190 GENERAL MAINTENANCE 14013 12837 14000 14000 3200 PAGERS - FIRE DEPT. 152 2356 6000 6000 3210 POSTAGE 92 125 150 150 3220 TELEPHONE 1880 1637 2000 2500 . 3500 PRINTING 86 166 200 200 3600 WORKER'S COMPo INS. 11237 11761 12800 13440 3610 GEN. LIABILITY INS. 9487 9856 15000 15750 3710 ELECTRICITY 3998 4359 4000 5000 3720 GAS SERVICE 2803 3305 4000 5000 3750 GARBAGE 897 794 900 900 3820 OTHER EQUIP. REPAIR 7189 4237 7500 7500 3830 BUILDING REPAIR 3192 6377 4000 5000 3900 RENTALS 4636 6132 5000 6000 3950 RADIO RENTALS 366 320 400 400 . . FIRE DEPARTMENT 4170 --------------- 1991 1992 1993 1994 CODE ACTUAL ACTUAL APPROVED PROPOSED -------- -------- -------- -------- 4100 MISCELLANEOUS 56 324 500 500 4110 CONFERENCES & SCHOOLS 14681 14210 16000 16000 4130 DUES & SUBSCRIPTIONS 2890 3113 3000 3500 5000 CAPITAL OUTLAY 16020 19168 24200 5250 5150 FIRE TRUCK REPAIR 0 0 30000 30000 ------- ------- ------- -------- TOTAL 212638 226452 274200 270190 ------- ------- ------- -------- ------- ------- ------- -------- . . RESOLUTION NO. 93- A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR YEAR 19 WHEREAS, the City of Shorewood has executed a joint cooperation Agreement with Hennepin County for the purpose of participating in the 1993 (Year 19) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U.s. Department of Housing and Urban Development for purposes of the program, and the City is a recipient under the program and receives a share of the grant; and WHEREAS, program regulations require that the City and County execute a Subrecipient Agreement which sets forth the specific implementation processes for activities to be undertaken with program funds. NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor to execute the Subrecipient Agreement on behalf of the City. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk fr3;J/ SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A-2400 Government Center, Minneapolis, Minnesota 55487, and CITY OF SHOREWOOD, hereinafter referred to as "SUBRECIPIENT," 5755 Country Club Road, Shorewood, MN 55331, said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH WHEREAS, Recipient has received a Community Development Block Grant (CDBG) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community development activities in cooperation with Subrecipient, according to the implementing regulations at 24 CFR Part 570; and . WHEREAS, $ 15.700 from Federal Fiscal Year 1993 CDBG funds and any resulting program income have been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development activity/ies as included in and a part of the 1993 Statement of Objectives and Projected Use of Funds, Urban Hennepin County Community Development Block Grant (CDBG) Program and as set forth in the Statement of Work described in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement effective October 1, 1991, executed between Recipient and Subrecipient on August 20, 1991, and in the 1993 Statement of Objectives and Projected Use of Funds, Urban Hennepin County CDBG Program and the Certifications contained therein. . NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1. SCOPE OF SERVICES A. The Subrecipient shall expend all or any part of its CDBG allocation only on those activities identified in Exhibit 1, "Statement of Work," subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient is responsible to the Department of Housing and Urban Development (RUD) for ensuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity/ies which it is implementing. ~3 rJ;< 2. TERM OF AGREEMENT The effective date of this Agreement is July 1, 1993. The termination date of this Agreement is December 31, 1994, or at such time as the activity/ies constituting part of this Agreement are satisfactorily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended or uncommitted and all accounts receivable attributable to the use of CDBG funds for the activities described in Exhibit 1. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the Recipient and only through a written Third Party Agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior consent of the Recipient. . . 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. An exception to this process will be in amending the Statement of Work Exhibit 1 to this Agreement. The Statement of Work, attached hereto and incorporated herein as Exhibit 1, shall be deemed amended to conform to any amendments to the Final Statement of Community Development Objectives and Projected Use of Funds, as such amendments occur. Any amendments to the Statement of Objectives and Projected Use of Funds, which constitute substantial changes, must be accompanied by documentation . that a local public hearing was conducted and by an authorizing resolution. Amendments which do not constitute substantial changes may be handled administratively. Hennepin County Office of Planning and Development staff may approve administrative amendments provided they are eligible, fundable and satisfy the Urban Hennepin County Statement of Objectives. Substantial change is defined as a change in (1) beneficiary; (2) project location; (3) purpose; or (4) scope, resulting in more than a 50% increase or decrease in the original budget or $10,000, whichever is greater, in any authorized activity. The total budget of multi-community activities will be used in determining substantial change. 2 5. PAYMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipient with CDBG funds not to exceed the Hennepin County authorized budget to enable the Subrecipient to carry out its CDBG-eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HUDjU.S. Treasury on behalf of a Subrecipient activity/ies, prior to having received a proper Hennepin County Warrant Request form from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. 6 . INDEMNITY AND INSURANCE . . A. The Subrecipient does hereby agree to release, indemnify, and hold harmless the Recipient from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. B. The Subrecipient does further agree that in order to protect itself as well as the Recipient under the indemnity agreement provisions hereinabove set forth it will at all times during the term of this Agreement and any renewal thereof, have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $1 million for property damage arising from one occurrence, $1 million for damages arising from death and/or total bodily injuries arising from one occurrence, and $1 million for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the Recipient, its officers, agents and employees by a certificate acknowledging this Agreement between the Subrecipient and the Recipient. C. The Subrecipient' s liability, however, shall be governed by the provisions of Minnesota Statutes Chapter 466. 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services by the Subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A-110 shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 3 8. DATA PRIVACY The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend and hold the Recipient, its officers, agents, and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and/or use of such protected data. 9. SUSPENSION OR TERMINATION A. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless the Subrecipient' s default is excused by the Recipient, the Recipient may take one or more of the actions prescribed in 24 CFR 85.43 I including the option of immediately cancelling this Agreement in its entirety. . B. The Recipient's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. . 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County; or (2) For any other Subrecipient, five years after expiration of this Agreement. 4 . . Or, B. Not used in accordance with A. above, in which event the Subrecipient shall pay to the Recipient an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the Recipient. No payment is required after the period of time specified in A. above. 11. PROCUREMENT The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activityjies. Procurement shall be carried out in accordance with the "Common Rule" Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activityjies. 12. ACQUISITION. RELOCATION. AND DISPLACEMENT A. The Subrecipient shall be responsible for carrying out all acquisitions of real property necessary for implementation of the activityjies. The Subrecipient shall conduct all such acquisitions in its name, or in the name of any of its public, governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG- funded activityjies. B. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act. 5 13. ENVIRONMENTAL REVIEW The Recipient shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the Recipient to accomplish this task. 14. LABOR STANDARDS. EMPLOYMENT. AND CONTRACTING The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating. any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. 15. PROGRAM INCOME . If the Subrecipient generated any prog~am income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: A. The Subrecipient will notify the Recipient of any program income within ten (10) days of the date such program income is generated. "When program income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. B. That any such program income .must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated unless the Statement of Work in Exhibit 1 specifically permits the Subrecipient to retain program income. . C. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate recordkeeping by the Subrecipient and reporting to the Recipient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in establishing an appropriate and proper recordkeeping and reporting system, as required by HUD. D. That in the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should close - out or change in status of the Subrecipient occur. 6 . . 16. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: A. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements including disposition. The Subrecipient will comply with the requirements of 24 CFR 570.505 to provide affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. B. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The Recipient will have the option of requiring a second appraisal after review of the initial appraisal. C. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close-out, change of status or termination of the Joint Cooperation Agreement between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the Recipient shall apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional/sexual preference, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. 7 B. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations.pertaining to discrimination and equal opportunity. 19. NON-DISCRIMINATION BASED ON DISABILITY A. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the Recipient under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. . 20. LEAD-BASED PAINT The Subrecipient shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING The Subrecipient shall be prohibited from rece~v~ng CDBG funds for activity/ies subject to this Agreement should it not affirmatively further fair housing within its own jurisdiction or impede action taken by Recipient to comply with the fair housing certification. 22. LOBBYING . A. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 8 B. If any funds other than Federal appropriated' funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES . Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 24. OTHER CDBG POLICIES The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concerning Church/State Activities). 25. TECHNICAL ASSISTANCE . The Recipient agrees to provide technical assistance to the Subrecipient in the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Subrecipient, and at other times at the initiative of the Recipient when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 26. RECORDKEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDBG funds, such records to be maintained in accordance with OMB Circulars A-87 and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB Circular A-IIO and A-l22, as applicable. All records shall be made available upon request of the Recipient for inspection/s and audit/s by the Recipient or its representatives. If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 22 of this Agreement. 9 27. ACCESS TO RECORDS The Recipient shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 28. AUDIT The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1984, (U.S. Public Law 98-502) and the implementing requirements of OMB Circular A-128, Audits of State and Local Governments, and, as applicable, OMB Circular A-llO, Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations. A. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecipient within six (6) months of the provision date. . B. The audit is not required, however, in those instances where less than $25,000 in assistance is received from all Federal sources in anyone fiscal year. C. The cost of the audit is not reimbursable from CDBG funds. D. The Recipient reserves the right to recover from the Subrecipient's non-CDBG funds any CDBG expenses which are disallowed by an audit. . 10 . . SUBRECIPI&~T, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19____. and pursuant to such approval and th~ proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this Agreement will be legally valid and binding. COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chairman of its County Board WI And: Deputy/Associate County Administrator Assistant County AttorD y Date: f" - / ()- r 3 Attest: Deputy/Clerk of the County Board APPROVED AS TO LXECUTION: SUBRECIPIENT: Assistant County Attorney Date: By: Its: And: Its: Attest: Title: The City is organized pursuant to: Plan A Plan B Charter 11 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1 STATEMENT OF WORK The following activity/ies shall be carried out by the CITY OF SHOREWOOD under the terms of this Agreement and the details and processes set forth below. Up to $ 15.700 is to be provided in Urban Hennepin County Community Development Block Grant funds to the CITY OF SHOREWOOD to assist in the funding of the following activity/ies in the amount and under the stipulations individually specified in each attachment: . Attachment A. Sr. Community 128 Services/Center Operations Sojourn Adult Day Care 129 Southshore Senior 130 Center $8,011 Attachment B. 1,000 6,689 Attachment C. Total $15,700 . ATTACHMENT A PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS YEAR XIX/1993 1. COOPERATING UNIT 2. ACTIVITY 3. LOCATION ADDRESS CENSUS TRACT 4. NUMBER 5. ACCOUNT . 6. BUDGET/SOURCES Shorewood Public Service - Senior Community Services/ Center Operations Citywide 128 59970 $8.011 -0- $8.011 /FY1993 CDBG /program Income /TOTAL 7. ELIGIBILITY CITATION 570.20l(e) 8. NATIONAL OBJECTIVE CITATION: [] LjM Area Benefit 570.208(a)(1) [X] LjM Limited Clientele 570.208(a)(2) [] LjM Housing 570.208(a)(3) [] Job Creation or Retention 570.208(a)(4) SIB Area 570.208(b)(1) SIB Spot 570.208(b)(2) PIA Exempt 9. ENVIRONMENTAL REVIEW STATUS: [X] Exempt (EX) [] Categorically Excluded (CE) [] Categorically Excluded/Exempt (CE/EX) [] Assessment Required (AR) . 10. DESCRIPTION Funds will be used for the salary of the center coordinators, program staff and transportation service for the period between July 1, 1993 to June 30, 1994. The project will allow for the continuation of the center operations and outreach services. This is a multi-year activity. 11. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are 'to be included in this section and made a part of this agreement. [X] Supplemental Agreement Type: [X] Non-Profit Agency Senior Community Services [ ] Public Agency [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1994. . [] Labor Standards/Eaua1 Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcon- tracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. . Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost-reimbursement type contract is awarded. This method is typically used for procuring professional services. [] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportuni- ties for training and employment be given to low and moderate income persons residing within the unit of local government or the metro- politan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and/or services. . [ ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [] Residential Antidisplacement and Relocation Assistance . All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accor- dance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agree- ment. [] Land Disposition A~reement This agreement, executed between Hennepin County and the subrecipi- ent community, contains the terms under which the community can acquire and hold land for a specified use and time period. [] Other Reauirements: YEAR XIX/1993 PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS ATTACHMENT B YEAR XIX/1993 1. COOPERATING UNIT 2. ACTIVITY 3. LOCATION ADDRESS CENSUS TRACT 4. NUMBER 5. ACCOUNT NUMBER 6. BUDGET/SOURCES Shorewood Public Service - Sojourn Adult Day Care 4151 Highway 7, Excelsior 905 .. 129 59970 $1. 000 -0- $1. 000 IFY1993 CDBG IProgram Income ITOTAL . 7. ELIGIBILITY CITATION 570.20l(e) 8. NATIONAL OBJECTIVE CITATION: [] L/M Area Benefit 570.208(a)(1) [Xl L/M Limited Clientele 570.208(a)(2) [] L/M Housing 570.208(a)(3) [ ] Job Creation or Retention 570.208(a)(4) SIB Area 570.208(b)(1) SIB Spot 570.208(b)(2) PIA Exempt 9. ENVIRONMENTAL REVIEY STATUS: [X] Exempt (EX) [] Categorically Excluded (CE) [] Categorically Excluded/Exempt (CE/EX) [ ] Assessment Required (AR) 10. DESCRIPTION Funds will be utilized as the local match for a State of Minnesota grant for the purchase of a handicap accessible van. The van will be used to provide participants with home to center transportation and transpo~t to offsite program activities. . 11. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [X] Suoo1emental AEreement Type: [X] Non-Profit Agency Sojourn Adult Daycare [ ] Public Agency [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule . Activity must be implemented in a timely manner and completed by December 31, 1994. [ ] Labor Standards/Eaua1 Emo10yment Oooortunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcon- tracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. . [X] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost-reimbursement type contract is awarded. This method is typically used for procuring professional services. [] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportuni- ties for training and employment be given to low and moderate income persons residing within the unit of local government or the metro- politan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts, for work may include, but are not limited to, contracts for supply of goods and/or services. [ ] Uniform Relocation Assistance and Real Pro~erty Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. . [] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accor- dance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section l04(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [] Propertv Management . The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agree- ment. [] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipi- ent community, contains the terms under which the community can acquire and hold land for a specified use and time period. [] Other Reauirements: YEAR XIX/1993 ATTACHMENT C PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS YEAR XIX/1993 1. COOPERATING UNIT Shorewood 2. ACTIVITY Planning - Southshore Senior Center 3. LOCATION ADDRESS County Road 19 and Country Club Road CENSUS TRACT: 4. UHC PROJECT NUMBER 130 5. ACCOUNT NUMBER 59940 6. BUDGET/SOURCES $6.689 IFY 1993 CDBG . -0- Iprogram Income $6.689 ITOTAL 7. ELIGIBILITY CITATION 570.205(a)(iii) 8. NATIONAL OBJECTIVE CITATION: [] L/M Area Benefit 570.208(a)(1) [] L/M Limited Clientele 570.208(a)(2) [] L/M Housing 570.208(a)(3) [] Job Creation or Retention 570.208(a)(4) [] SIB Area 570.208(b)(1) [] SIB Spot 570.208(b)(2) [X] PIA Exempt 9. ENVIRONMENTAL REVIEW STATUS: [X] Exempt (EX) [] Categorically Excluded (CE) [] Categorically Excluded/Exempt (CE/EX) [ ] Assessment Required (AR) . 10. DESCRIPTION Funds will be used for subsoil test and platting of a site identified as the preferred location for relocation of the Southshore Senior Center. 11. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [] Sunn1ementa1 Aireement Type: Non-Profit Agency Pub lic Agency Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1994. . [] Labor Standards/Eaua1 Emnlovment Onnortunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcon- tracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [X] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. . Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost-reimbursement type contract is awarded. This method is typically used for procuring professional services. [] Section 3 of the HousinE and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportuni- ties for training and employment be given to low and moderate income persons residing within the unit of local government or the metro- politan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and/or services. . [ ] Uniform Relocation Assistance and Real Property Acauisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [] Residential Antidisplacement and Relocation Assistance . All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accor- dance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agree- ment. [] Land Disposition AEreement This agreement, executed between Hennepin County and the subrecipi- ent community, contains the terms under which the community can acquire and hold land for a specified use and time period. [ ] Other Reauirements: YEAR XIX/1993 AUG 2 A '993 west hennepin human services planning board 4100 vernon avenue south, st. louis park, minnesota 55416 920-5533 . 1994 Funding Request to the City of Shorewood The West Hennepin Human Services Planning Board is requesting funding support from the City of Shorewood for its 1994 operating budget. Our request is for $1,302 at tile rate of 22 cents per capita based on 1990 Census figures of5,917. The 22 cents is the same rate we requested for 1994. We have appreciated the support of our member municipalities. It has been essential to us in order to be able to provide direct services such as energy assistance, emergency services, and energy conservation programs. In addition it allows us to plan and .advocate for human service needs of the residents of our member cities and for services being provided on a decentralized basis in local communities. We also work to bring a fairer share of human service tax dollars back into our communities. We realize the squeeze on local units of government and are very appreciative of your continuing commitment to us. Enclosed is some background information about West Hennepin Human Services. If you need more specific information, please contact Marcy Shapiro or Bruce Larson of our staff. Thank you. ~~." #30 west hennepin human services planning board 4100 vernon avenue south, st. louis park, minnesota 55416 920-5533 DIRECT SERVICES PROVIDED IN SHOREWOOD BY WEST HENNEPIN HUMAN SERVICES PLANNING BOARD: Number of Households* Amount Paid Crisis Assistance 1 $ 5,969.00 300.00 Heating Assistance 13 Energy Related Repair 1 1,600.00 TOTAL 15 $ 7,869.00 * Average of 2.9 individuals per household . EMERGENCY SERVICES (1992): Number of Individuals 34 Assistance Paid $ 2,403.08 ENERGY CONSERVATION PROGRAM Number of Households Value of Services Total # households served in program 164 $ 21,320.00 1992 # served 4 520.00 ~~,. e* e* MEMBERSHIP BENEFITS TO MUNICIPALITIES The Planning Board's primary activities relate to planning, research, coordinating, and, in general, advocating for the municipalities of West Hennepin County. The Planning Board provides the following services to its member municipalities: * a method for citizens, providers, and municipal representatives to be involved in Hennepin County human services decision-making. * information about human service needs and programs * leadership in the community for the effective mobilization of community resources to meet human service needs * staffing assistance to the municipalities in areas of their involvement in human services as they may request it a referral system for citizens with human services needs and/or problems (i.e. elderly, mentally ill, youth, etc.) * staffing assistance to community groups who want to organize a human services planning effort to meet specific needs or problems * the capability to do research on human service issues and needs * planning staff to participate in regional and county human services planning activities on behalf of the municipalities * an avenue to bring county-wide services and programs into our local communities in order to provide better access to our citizens assurance that efforts are being made to coordinate the planning of human services delivery systems and to deter unnecessary duplication of services * the ability to make presentations on and provide information about human services needs and delivery systems in the area * the means to develop leadership and interest on the part of citizens to be involved in human services * a way to communicate the concern of the municipalities regarding human service issues to the providers and involved citizens of the area In general, to be available to the municipalities in areas where human services expertise is required. In addition, we provide direct services to the citizens of each municipality in the following areas: * energy conservation (Home Energy Check-ups) * energy assistance * emergency food, shelter, clothing fund west hennepin human services planning board 4100 vernon avenue south, st. louis park, minnesota 55416 920-5533 WEST HENNEPIN HUMAN SERVICES PI.ANNING BOARD IN1RODUCTION . . West Hennepin Human Services Planning Board (WHHS) acts mainly as a planning and coordinating agency through which citizens are a part of the decision-making process in delivering needed health and social services for the 160 square mile West Hennepin area. It provides education, consultation and technical assistance on issues pertaining to human service delivery systems. It provides linkages between governmental units, consumers and service providers; increases awareness of available human service resources; identifies and advocates for needed services and improvements of the existing services system; and assists others in the development of human services programs. WHHS also coordinates the delivery of services when there is no other agency to do it. Our work in the Emergency Services Program, the Home Energy Check Up Program, and the Energy Assistance Program are examples of this. We are working to promote programs that tie the needs of municipal efforts with those of human services. WHHS is the only agency providing these planning and coordinating services to the West Hennepin . area. We rely heavily on the involvement of volunteers to maximize cost effectiveness and increase citizen involvement. We view ourselves as an advocate for the residents of our member cities. We work to make services more accessible on a decentralized basis and get a fair share of human tax service dollars back into our communities. This effort is critical for suburban residents to have equal opportunity and access to services as do their urban counterparts. We also work for the establishment of new 01 expanded services when a need is documented through our research and needs assessment process. WHHS COMMUNITY PROGRAMS Citizen Participation WHHS is officially designated by the Hennepin County Board to obtain citizen input on human services priorities for the west Hennepin County. The target populations for this process include: families in need of child care; children in need of protection; children with emotional disturbance; and persons with developmental or physical disabilities. However, our citizen participation process also addresses strategic issues that are basic community priorities such as jobs; affordable housing; intervention, prevention and community education; access to services. Many of WHHS's community programs have grown out of the information and suggestions obtained from this process. An annual citizen participation report is prepared each year. ~~- . . WHHS has continued to experiment with new ways to engage people in the development of programs and public policies that affect their lives. In 1991 it conducted a Citizen's Jury on the Hennepin County budget priorities. This was the first in the nation Citizen Jury on a governmental budget. This was a 6-month process that was done with the assistance of the Jefferson Center in Minneapolis. A panel of 24 people randomly selected to be representative of the demographics of Hennepin County adults heard testimony, toured facilities, and made recommendations on three major areas of the Hennepin County Budget Most recently, WHHS was awarded a grant from the Minneapolis Foundation for a project called, 'The Customers Voice." This project will evaluate the results of 9 Hennepin County operated or contracted services from the consumers's point of view. The goal of the study is to enable the County to design its services around the needs and desired outcomes of its customers, improve the results of the services, and thus increase the value of services in the areas of health, human services. and corrections. To do this we will use several methods for citizen participation including focus groups, one-to-one interviews, and on-site program evaluation by the customer's of those services who had received evaluation training. WHHS places a particular emphasis on what it calls, "Listening to the People." Since the agency's inception it has become more skilled in reaching out to the general public as well as community residents whose unique experiences lead to planning, evaluating and improving human services in the west Hennepin area. The agency has had a long history with providing some traditional methods of collecting input from citizens and continues to use these methods: 1. Demographic data collection, review and analysis 2. Data collection from service providers 3. Random and targeted survey needs assessment 4. Sponsorship and co-sponsorship of public hearings, community forums and community meetings 5. Collection and review of secondary data sources These methods produced satisfactory results but the organization felt it could take its normal data collection activities a step further by actively recruiting'residents in "invention sessions. "While similar to focus groups, these sessions mixed deliberately selected service consumers, providers, policy makers and policy makers together to focus on a multi-dimensional view of community needs and "home-grown" solutions. The first of the "invention sessions was held in 1987. It resulted in the creation of Mazebusters, an empowerment program for low income people who felt stuck in the complexity of the welfare and human service .system. Another invention session was that was held in the Westonka area came up with the time-shared mini-human service center concept that is now being practiced by Westonka Community Action Network (WeCAN). In the late 80's the agency wanted to increase the effectiveness of new and existing programs. It shifted to an emphasis on consumer input and invention sessions believing that it is consumers who are in the best position to give direction and focus to a human service system that was evolving rather that growing. WHHS staff have conducted or designed over 30 of these sessions on topics ranging from the design of a book for people looking for work, housing options for people with developmental disabilities and on meeting the needs of people of color who live in the suburbs. The agency has found that its special brand of focus groups produces a more profound sense of purpose for service design and modification. The process has also been used to do needs assessment for people with chemical dependency, mental illness and senior citizens. Not only are invention sessions productive from a program design viewpoint, most people find them to be enjoyable. Below is a list of these sessions. 1. 2. 3. 4. 5. 6. 7. 8. ~'9. 10. 11. 12. .. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. . "Inve~tion Sessions" What can be done about the increasing need for emergency services? What can be done for families and children in S1. Louis Park? Jobs, income and self-sufficiency Increasing access to services in an under-served area (Westonka) Emergency services customers (2 groups) Emergency services providers Emergency__s_~rvices board members Working poor (2 groups) Revitalizing ACf (a community group in Plymouth) Housing resources for people with developmental disabilities What advice does an existing group home have for a group home contemplating a move to the western suburbs? Re-design of "Basic Tools: Survival Skills for the Unemployed and Underemployed" (2 customer groups;one group of service providers; one group of advocates) What do average citizens see as needs for human services, what is their most important concern; what are they willing to do about it? How would average citizens like to see their property taxes spent? How is Minnesota's welfare reform program, STRIDE, working for people in the western suburbs? How can services fO~_Qlde!,_pe9pleJJ~ coordinated? What strategieS-can- be developed to impiove-th:e-quality of life in the suburbs for people of color? How can west suburban workers over age 50 get back into the workforce? (2 groups) What are the needs of west suburban people with physical disabilities? What are the needs with children and adults in west Hennepin who have a mental illness? What are the needs of people in west Hennepin who have a chemical dependency? How well do clients of the Employment Action Center feel their needs were met? What are the needs of west suburban people with disabilities? How can we make more affordable child care available for families in west Hennepin? What would have to happen to enable public housing tenants in Hopkins to purchase their current units? Planning & Coordination WHHS Board and staff actively participate in committees, boards and groups that address community problems, promote issues and coordinate and develop services that are a high priority for West Hennepin area citizens. WHHS staff often provides staff assistance to help local initiatives around these issues get started and provides on-going support to local efforts as needed. Children & Youth West Hennepin area citizens continue to place a high priority on its young people and WHHS is active in a number of initiatives related to children and youth. WHHS, along with Northwest Hennepin Human Services Council, coordinated the Suburban Hennepin Head Start Access Task Force which focuses on developing service delivery strategies and increasing community awareness about Head Start. . WHHS is also active in several community-based initiatives. We participate in the West Suburban Interagency Early Intervention Committee which conducts planning, advocacy and service coordination for high-risk and developmentally disabled young children. WHHS continues to co-chair the West Hennepin Interagency Transition Committee, a group of schools, parents, and community agency representatives concerned with transitioning physically and mentally challenged kids from high school to community life. WHHS staff participates in the Teens Alone Project whose aim is to develop a program for homeless and runaway youth in the western suburbs and is on the Board of The Bridge for Runaway Youth. We provided them with a survey design and analysis for a survey on runaway and homeless youth. Prevention and Alcohol Abuse . Prevention and alcohol abuse has consistently ranked asa high priority with West Hennepin residents. WHHS assisted in founding the new county-wide Community Prevention Council which facilitates the development of community-based, culturally specific drug prevention activities. WHHS staff is also on the advisory committee for the Family Chemical Prevention Program classes. These classes are for families that have been court-ordered to the program due to a demonstrated risk for drug/alcohol abuse by a teenage household member. WHHS released a report on what happens to family reunification efforts when an AFDC parent gets chemical dependency treatment and the children are placed in foster care. The report is based on a project that WHHS conducted that provided funding to reunite families. WHHS successfully advocated for legislation which will take steps to remedy a "Catch-22" that many families fall into. Racism/Diversity WHHS helped established and currently staffs the Suburban Hennepin Anti-Racism Committee which formed in the spring of 1991. The Committee is composed of members of local human right: commissions, human service agencies, churches, and concerned residents. The goal of the committee is to act as a catalyst for action by leaders and communities to combat racism and discrimination and raise awareness and appreciation of increasing diversity in suburban Hennepin. The Committee recently completed a survey of 165 Minnesota city governments regarding human rights and diversity in conjunction with the League of MN Human Rights Commissions. We have followed up by organizing a coordinating group of Suburban Hennepin Human Rights Commissions In May of 1992, the Committee and WHHS co-sponsored the conference, "Hate Crimes, Discrimination, Bigotry, Racism: Tackling the Problems on the Front Lines..;Right Here in the Suburbs." Elected officials, staff of cities and school districts, members of human rights commissions, high school students and other concerned citizens were among the 230 people in attendance at the conference. . The Committee's next goal is to establish a resource center in suburban Hennepin that would provide information, coordination, advocacy, education and other resources to undo racism and promote cultural diversity in suburban Hennepin. We have assisted several cities regarding issues and concerns related to racism. Housing The need for more affordable low-income housing in suburban Hennepin County is consistently identified as a priority for west suburban residents. In response, WHHS is active in a number of different efforts to raise housing as a priority and to increase the resources available. . WHHS has established a Housing Committee to develop and implement locally-based strategies for addressing low income housing issues in our community. We have developed reports on the need for low income housing and on low-income homeownership. The City of Hopkins asked WHHS to submit a joint application for a HOPE 1 Planning Grant, a program of the Department of Housing and Urban Development, to convert 10 public housing units in Hopkins into home ownership. This grant was approved in June, 1992 and work began in the Fall of 1992. WHHS recently completed a project with the City of Hopkins to rehabilitate a Hopkins home into a transitional housing unit. WHHS established a community development corporation, Community Builders, to conduct similar projects, increasing the amount of low-income housing in the west Hennepin area. This non-profit organization has been designated as a CHODO by Federal Housing and Urban Development Department which gives it priority for federal HOME funds. Housing cont' WHHS is also active in the formation of a new local housing group, the Suburban Hennepin Housing Coalition. This group promotes community involvement in addressing the housing problem~ affecting low-income residents of suburban Hennepin County. WHHS staff co-chairs the Minneapolis United Way's Housing Initiative Committee. Finally, WHHS distributes and is in the process of updating the publication, "Home Sweet Home: A Guide to Help You Find Affordable Housing." Employment WHHS is becoming increasingly involved in employment issues as the link between the need for human services in the west suburban area and the quality of available employment grows. . During 1991 we conducted a joint project called The Community Initiatives for the Working Poor. This project produced an analysis of suburban Hennepin employment and wage trends and information about issues facing "working poor" suburban Hennepin residents. WHHS is in the planning stages of organizing a collaborative of local businesses with innovative business practices. The goal of this collaborative will be to develop a new model(s) for business innovation and restructuring in order to upgrade jobs, restore wage growth and help put the Minnesota economy on a high-skills, high-wage path. This feasibility project called Creative Innovations in Business was funded by the Northwest Area Foundation. . WHHS provided the Meadowbrook Action Committee, a S1. Louis Park low-income neighborhood group, with technical assistance in developing a proposal for a neighborhood employment program. The neighborhood group received a $50,000 grant from Hennepin County to run the program to employ unemployed residents in neighborhood maintenance / development projects. WHHS helped the neighborhood group coordinate its efforts with Employment Action Center, Twin Cities Tree Trust, and the Home Energy Checkup Program to make this program a strong community-based collaborative effort. WHHS updated its survival and resource guide for unemployed persons in the west metro counties, "Basic Tools: Survival Skills for the Unemployed and Underemployed." 10,000 copies were printed. WHHS conducted focus groups involving over 20 laid-off professionals who are age 50 and over. This is a growing segment of the population due to corporate mergers, acquisitions, and down-sizing. WHHS is continuing to meet with members of the focus group to design an economic development project that would re-employ them. WHHS initiated and organized Twin Cities Community Voice Mail. This program will allow homeless and low-income people to have access to their own voice mail box. This "levels the playing field" in their search for jobs and housing. Telesystems Services of Plymouth has donated the hardware for the program. Senior Citizens WHHS staff is currently "on-loan" to the newly formed West Hennepin Chapter of the Metropolitan Senior Federation. A WHHS board member serves on the Chapter's executive committee and is facilitating the development of their Board. Mental Health WHHS is actively involved in fostering community involvement in mental health issues. We jointly staff the Suburban Mental Health Aftercare Providers, a network of mental health providers that monitors state mental health legislation and examines ways to improve the service delivery system. The group also sponsors an annual information breakfast for suburban legislators. . WHHS also staffs the West Hennepin Mental Health Advisory Committee that seeks to empower consumers in the decision-making process. The committee focuses its efforts on community education about mental illness and education of mental health consumers. They recently did a survey of West Hennepin police departments to learn what policies are in place when confronted with a situation involving a person with a mental illness and to develop a presentation for police and community groups. Energy Because we provide the Suburban Hennepin Energy Assistance Program,. a program to help low- income persons pay their utility bills, WHHS has become involved in activities around low-income energy issues. WHHS initiated the formation of a statewide coalition of providers of low income energy services and low income advocates to work on behalf of the energy needs of low income Minnesotans. WHHS co-chairs the Energy CENTS Coalition and provides staff support. The Coalition conducted an outreach campaign aimed to involve low income suburban communities in addressing energy issues. . Last Fall WHHS staff was appointed to the State Advisory Task Force on Low-Income Energy Assistance. WHHS also provides input on the energy needs of west Suburban residents as a member of the Hennepin County Urban Consortium Energy Task Force, Finally, WHHS organizes community meetings with our congressional delegation to educate them about the Energy Assistance Program. WHHS held informational meetings with Rep. Jim Ramstad & Senator Paul Wellstone. Legislative Agenda We have a legislative agenda of nine categories and provide extensive staff time to working on these issues. We work with and provide leadership to a number of coalitions on these issues. This past year we were concerned about local government aid cuts and the impact on local delivery of servIces. Education and Technical Assistance WHHS educates policymakers and funders about community priorities and disseminates information about these issues by participating in conferences, workshops and public meetings. During the past year these activities have included giving presentations to local ,city officials about housing needs ane conducting a workshop on how the community can impact the Hennepin county budget at the Fall conference of the Minnesota Council of Non-profits. WHHS also provides community groups with technical assistance about organizational structure and administration, and organizing workshops and community events. For example, WHHS staff is currently assisting the newly formed West Hennepin Chapter of the Metro Senior Federation in the development of their Board. WHHS has recently been an active initiator of the Meadowbrook Collaborative, a low-income neighborhood group in St. Louis Park. The Collaborative involves the school district, Methodist Hospital and Foundation, and WHHS and will be doing a needs assessment and developing needed services. . Information & 'Referral Each month WHHS takes about 150 information and referral calls. Our office manager is a board member of the MN Information and Referral Alliance which provides WHHS with an updated statewide information and referral network. In January of 1992 WHHS conducted an information and referral training for the secretaries of west Hennepin legislators. WHHS is currently updating the "Directory of Human Services for West Hennepin Residents." We also publish "Services in our Community to Help You" which lists resources for persons in a crisis situation. Community Newsletter . WHHS publishes a quarterly newsletter, "Helping Hands," that is distributed to 6,000 residents of suburban Hennepin including the recipients of the Suburban Hennepin Energy Assistance Program. This newsletter is the only written source of information on services and programs for low-income persons in the suburban Hennepin area. Mazebusters WHHS completed a two year grant to operate a pilot program for suburban Hennepin AFDC recipients that promotes peer counseling, community volunteerism and self-sufficiency. The program trains AFDC recipients as peer counselors and information and referral specialists and places them in volunteer positions in a community agency for 6 months, putting their skills to work to assist other low income people in their community. The pilot demonstrated that Mazebusters gives AFDC recipients valuable work experience, skills and self-esteem to enable them to stop the welfare cycle and become self-sufficient. WHHS is seeking funds to continue the program. Volunteer Hours During 1992, 13,000 volunteer hours were donated to WHHS Area Energy Assistance, the Board of Directors and Citizen Participation Process. . . WHHS DIRECf SERVICE PROGRAMS Energy Assistance Program WHHS has sponsored the low income Energy Assistance Program (EAP) for 12 years. WHHS provides services in a decentralized manner, using 16 intake sites throughout suburban Hennepin County. For the 1992-1993 heating season EAP served 4,520 households with $1,233,429 in heating grants, $89517 in crisis assistance and $56,891 in energy related repairs. Energy related repairs include repairing furnaces, water heaters, and others repairs effecting their homes. We rely heavily on the contribution of volunteer time to this program. During the 1992-1993 program year 57 volunteers donated more the 3,500 hours of work to EAP. In appreciation of their efforts we sponsor an annual volunteer recognition luncheon with funds donated from area organizations and businesses. Energy Conservation Programs WHHS conducts the Home Energy Check-up Program. This program provides a quick practical audit, hands on instruction about weatherization techniques, advice on sensible conservation investments. a kit of materials and a follow-up visit or call. 1,366 home energy check-ups were done in 1992. Emergen~ Assistance WHHS coordinates the four emergency service programs in west Hennepin: Interchurch Community Association, Interfaith Outreach, S1. louis Park Emergency Program, and Westonka Community Action Network. This program is designed to provide temporary assistance to people in crisis who are without other resources. In 1992, our Emergency Services Program provided food, shelter, rent, utility assistance, transportation assistance, clothing, and prescription assistance to 3,459 people. Funding for this program comes from Hennepin County and the federal FEMA Program. $100,791.07 was spent on assistance. WHHS is currently doing outreach to west suburban police departments to inform them of the availability of emergency assistance services and train them how to provide certain emergency services when the local provider is closed. This year we are involved in a planning process to look at ways to improve the program. We conducted four focus groups to gather data for this process. 9 RESOLUTION NO. 93- A RESOLUTION AUTHORIZING A REVS lED INFLOW & INFILTRATION GRANT APPLICATION AND AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH MWCC WHEREAS, the Metropolitan Waste Control commission (MWCC) has invited Shorewood to apply for a grant of up to $10,000 in matching funds; and WHEREAS, per Resolution #56-93, the City council authorized the submission of a grant application to address inflow and infiltration (1/1); and WHEREAS, this grant money is to fund a project reducing the inflow and infiltration of clear water into the MWCC's disposal system; and .he WHEREAS, a resolution is required authorizing an agent to submit application and to serve as a contact person for the project. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood does hereby: 1. Rescind Resolution #56-93; 2. Direct the City Administrator to make a revised application for the referenced grant monies to assist in funding a sump pump inspection program; 3. Designate the City Administrator as the contact person from the City for this project; and . 4. Authorize the Mayor and city Administrator to execute an 1/1 Grant Agreement with MWCC. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of September, 1993. Rob Daugherty, Acting Mayor ATTEST: James C. Hurm, City Administrator jF3"P! 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 September 14, 1993 . Wayne Rikala Metropolitan Waste Control Commission Mears Park Centre 230 East Fifth Street st. Paul, MN 55101-1633 Dear Mr. Rikala: As we have discussed, the City of Shorewood wishes to change its application for funding underMWCC' s grant program to address inflow and infiltration. At this point it seems unnecessary to ~pend money on inflow and infiltration problems in the east side of the City when MWCC staff has now indicated it appears that inflow and infiltration is not ~ problem there. . The City Council has significantly strengthened its sump pump inspection ordinance. We are going to begin a program this fall to inspect each sanitary sewer hook-up to assure ,that no sump or storm water is illegally entering the sanitary sewer system. Our program -will be similar to that of Tonka Bay's. A copy of the ordinance is attached for your information. We anticipate the program will cost between $25,000 and $30,000. The $10,000 of MWCC grant funds will be used for manpower to do the actual inspections. The remaining $15,000 to $20,000 will come from Shorewood's Sewer Fund. Thank you for your assistance in this matter. Please contact me with any questions. Sincerely, CITY OF SHOREWOOD James C. Hurm, City Administrator JHjtln Enclosure - Sump Pump Ordinance A Residential Community on Lake Minnetonka's South Shore #3P~ :::;;EP 121g' '33 14: 12 o::;r'l i'lPL'3.. ~'l~j P.l QS\1.~~, September 9, 1993 300 park Place C~nter 5775 Wayzata 8oul~vard Minneapolis. rvIN 55416-12.28 612-595-5775 1-800-75.3-577$ fAX 595-5774 Engineers Architects planners Surveyors Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewoo~ MN 55331 Re: Access Between Bayswater Road and Garden Road OSM File 5047.00 . Dear Mayor and Council Members: Staff has reviewed the options available for the referenced access. Basically, these options are: 1) Remove the barriers completely and make this a .'through" street; 2) Close the access permanently with solid bollards; and 3) Close the access to all but emergency vehicles with the use of some other kind of barrier besides "safe-hits." From a public safety and cost efficiency stand.point, it is clear that option 1 is the most . viable. If the street was opened and plowed, emergency vehicles could use the road at any time, which is obviously useful in an emergency situation. Also, Public Works would spend less in maintenance and plowing time. Currentlyt they have to spend time replacing the "safe-hit" barriers, and plowing over and around these same barriers is time consuming at best. Closing the access permanently (option 2) would eliminate the availability of this road for emergency vehicles. Also, it appears that some sort of turn-around would have to be constructed to allow for snowplows and trucks to get back out of Garden Road, and that easements would have to be obtained for this purpose. The semi-permanent barriers (option 3) suggested by Amesbury West (Le. bollards sawed balf-way through) would eliminate the access problems posed by a permanent closure, but would still leave a maintenance and turn-around problem for Public Works. In fact, snow plowing would be even more difficult due to not being able to drive over the barriers as is now the case. Equal Opj:lOmmily employer II SEP 09' '33 14: 12 OS~l r'1PL'3., 1"11'1 P .~ . '- Honorable Mayor and City Council City of Shorewood September 9, 1993 Page 2 From Mr. Berldey's letter, it is clear that the Amesbwy West residents want to pennanently close the access, and that some Garden Road residents would like to see it pennanently opened up. Based on the above analysi~ Public Works and Engineering preliminarily suggests opening the road for through traffic, provided that a more careful analysis of the traffic flow and costs involved do not indicate otherwise. In addition, it would perhaps be beneficial to hear directly from the Garden Road residents. Therefore, we recommend tabling this issue pending receipt of further information. Sincerely, . ORR-SCHELEN-MA YERON & ASSOCIATES p~ Joel A Dresel, P.E., l..S. City Engineer . H:\CML\NM\ENGlNEER\1A.O\LETTERS\090993.SHD SEP .. 3 1993 September 2, 1993 James C. Hurm, City Manager City of Shorewood 5755 Country Club Road Shorewood, MN 55331 SUBJECT: Emergency Access between Bayswater Road and Garden Road The emergency access between Bayswater Road and Garden Road has been a source of continuing annoyance to the Amesbury West Homes Association and to the City of Shorewood Public Works Department. "Safe-Hit" barrier stakes have been used to block off through traffic, but the residents on the Garden Road side of the access have removed and/or . broken many of those stakes over the years, and then proceeded to drive cars and trucks through the access. The Public Works Department has faithfully replaced those stakes, but they are frustrated by the continued vandalizing of those stakes so they are now unwilling to continue replacing the stakes. The basic question is whether there is any real need for an emergency access between those two streets. We understand there is only bne other emergency access in Shorewood with a barrier, which means that there are many dead end streets with no emergency access. To my knowledge, no emergency vehicle has ever used this access in the eight years that I have been a resident of Amesbury West. It is obvious that some Garden Road residents want to make this a through street, while Amesbury West residents want either to maintain it strictly as an emergency access, or to close it altogether. Our preference would be to close it with a permanent traffic barrier. If that solution is unacceptable, we propose putting up bollards across the right of way, sawed half way through at ground level from the Bayswater Road side, so that emergency vehicles could break off the posts to gain entrance into Garden Road if Garden Road was blocked off to vehicular traffic due to a downed tree. Amesbury West is willing to take the same risks that the residents of any dead end street have to take; namely, that there will never be a situation that prevents emergency vehicles from being able to get to any residence on Bayswater Road. A proposal was made in 1980 when Amesbury West was being developed to install a crash gate at the east end of Garden Road which was approved in principle by the Planning Commission, but it was never installed. In 1987, a proposal was submitted to install bollards (as described above), but for some reason they were never approved. Amesbury West supplied and installed "Safe-Hit" barrier stakes for several years, but in 1990 the City of Shorewood assumed that responsibility, and has bought a number of stakes for about $25 each, but the Public Works Department has decided that it is too expensive to keep replacing vandalized stakes. The intent of the platting done in 1980 was to eliminate through traffic between Garden Road and Bayswater Road, and to provide an access for emergency vehicles only. Some residents of Garden Road apparently are still unhappy with that decision. The City of Shorewood is unable to prevent vandalism to the access barrier, and thus the intent of having an emergency access only has been effectively compromised. With increasing frequency, cars and trucks have been parking all day on the emergency access right of way on the Garden Road side of the now non-functioning barrier. . Amesbury West Homes Association requests that the emergency access between Garden Road and Bayswater Road be: - Closed with a permanent barrier that would eliminate through traffic of any kind, or - Closed to vehicular traffic with fourbollards (4x4 posts sawed half way through) on a trial basis, subject to being permanently closed if the bollards are broken by any means other than by emergency vehicles. . We will appreciate having the Shorewood City Council consider this matter, and to approve the necessary actions to insure that it does not become a through street. Sincerely, lJSi--/~ D.J. Berkley Director Amesbury West Homes Association Page 2 ~ 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: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 3 September 1993 RE: Gideon's Woods P.U.D. - Revised Development Stage Plan FILE NO.: 405 (92.26) Since the development stage plan was tabled at the 17 August Planning Commission meeting, staff has met twice with the developer and his engineers to discuss issues raised in our 12 August staff report. The result of these discussions is a revised grading plan (see Exhibit A, attached) which includes a larger ponding area in the southeast corner of the site, redesign of the proposed garage for the Gideon home, and an understanding of what will be shown on a fmallandscape plan. . A. Grading. Drainage and Utilities. These items will be addressed by the City Engineer under separate cover. His report will likely be distributed at the meeting on 7 September. It appears that the pond will be sufficiently sized and site grading will be designed to actually reduce the rate of runoff to the west by as much as 30 percent of the predevelopment rate. City water will be provided by Tonka Bay subject to an existing water service agreement between them and Shorewood. The developer simply needs to pay the required fees. B. Landscaping. Three areas of concern have been identified. A final landscape plan will include the following: 1. Existing vegetation on the west side of the property will be protected. The existing landscape will be augmented by a mixture of white pine and spruce trees on the west side of the proposed structures. It is recommended that these trees be no less than six feet in height and strategically spaced and clustered to break up the view of the proposed buildings from the west. A Residential Community on Lake Minnetonka's South Shore Re: Gideon's Woods P.D.D. Revised Development Stage Plan 3 September 1993 2. Although the east side of the site will be altered due to the size and location of the proposed pond, opportunities do exist to preserve some of the existing vegetation. The developer proposes to landscape between the pond and the proposed buildings with a mixture of white pine and spruce trees. Again it is recommended that these be no less than six feet in height and located to create a buffer between the proposed structures and County Road 19. 3. Landscaping around the relocated Gideon house will include a mixture of apple and other fruit trees. Also, the existing historic plaque will be incorporated into a stone monument atcthe entry to the site. The Historical Society has agreed to review the text of the existing plaque to ensure historical accuracy. . The final landscape plan will provide details as to how existing trees will be preserved. Any mature trees identified to be saved which are lost to construction will be replaced on the basis of caliper inches. The final plan should also provide a typical landscape design for foundation plantings around the buildings. C. Historical Society/Indian Affairs Council. Dennis Gimmestad confirmed that no further review by the Historical Society is necessary unless Federal funding (e.g. F .H.A. financing) or Federal permits are required. The developer does not intend to use F.H.A. financing. Gimmestad also agreed to provide assistance with regard to relocating the historic plaque. . Neither Roger Head or Earl Sargeant from the Indian Affairs Council have been available to advise us whether further correspondence from them is forthcoming. We hope to have an answer to this by Tuesday night's meeting. D. Proposed Garage. In response to the 12 August report, the developer proposes to break the garages for the Gideon house into two structures, moving them per the staff recommendation. He also agreed to incorporate steeper pitched roofs, adjusting the design to reflect the character of the house. It now appears that staff will be comfortable in recommending approval of the development stage plan at Tuesday night's meeting. In addition to the Engineer's report, we will discuss a detailed punch list of items to be included in the resolution approving this stage of the project. If you have any questions relative to this matter, please do not hesitate to contact my office prior to the meeting. c: Jim Hurm Joel Dresel Tim Keane Fred Katter - 2 - . . -\ \ \ I '. EXIST ,- I . HpUSEj ,..... ; ..J , " ,:' T f~ A I L ( 12 GR R / W _ __ ~-==~RAIL ,......... ----..~~..=.-=-- WE n.ANLJ ............... ,"l;liJ ""';0 1ST ~-- ,. 9 MH = 9 O~I / F'ELIJ VERIFY [ . /' STORM FINlli lIt~ ~1:}3O::7 717 SA V" L'{.~~~~N cJ'1fI <1'~ 'cP ~ ~ . ~~ ..... --. - /7 -- - --,-,"'- I I ",~,-- I '" --_1----- / I j / / / t" Gt~AO= to VITO-I TO _----- OUTLET (MIN. I -,10 SLOP€") / .-" \,' \ EXIST HO ,-- USE.\ \" I, I .- - -' " ....... GtR4DE TO OR. ,,\ ,. : : '\ ' ~ TYP1:: 1<: COPPER : ~ S0R28: : \'_' ,PVC- \ r-- ' I --0- I I I I I I I I I I I I I I I I I .,"' CONNEC.T E TD XIST SAN TR= 948 1 MH INV= 9.39 7 CORtE A~~ 800T EXIST SAN TR= 949.3 MH .35-12 INV= 940.0 -- 151 s - .80--- 89059' 60" E ... Nwrh. Ncrt to ~U~ 9" PVc SAN cn:;:otrl ~ trl >< O.......::r' ::3 ........ ... . o.Ci)S: :;:otrl.... (llO> <: ~. 0 ... . :;:0 g > o >-4 Z o ~ > Z . MAYOR Barb Bra nee I COUNCIL Kristi Stover Rob Daugherty Daniel Lewis Bruee Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 12 August 1993 RE: Gideon's Woods P.U.D. - Revised Development Stage Plans FILE NO.: 405 (92.26) Katter Development Corp. has completed the archeological investigation of the Gideon's Woods P.U.D. site. Exhibit A is the study prepared by Grant Goltz. Exhibit B is the variance request submitted to, and accepted by, the Indian Affairs Council. Exhibit C is the response from the Minnesota Historical Society. . Based upon the Indian mound investigation, the developer has submitted the following revised plans: ' Exhibit D - Preliminary Plat Exhibit E - Grading/Utilities Plan Exhibit F - Landscaping Plan Exhibit G - Basement Floor Plan - Gideon House Exhibit H - Garage Plans - Gideon House Although our review is not complete as of this writing, the following issues are raised: 1. The lot with the relocated Gideon house should be identified as Lot 17. 2. Since the lot with the relocated house is more typical of lots on Glen Road (i.e. it has its own yard and does not share in the common area), the garage should be setback 40 feet from the north line of the lot. Similarly, the front setback for the house could be 35 feet rather than 40 feet. A Residential Community on Lake Minnetonka's South Shore tv If .-~ . . Re: Gideon's Woods P.U.D. Revised Development Stage Plans 12 August 1993 cc: 3. Consider a design for the new garage which reflects the character of the Gideon house. 4. The landscape plan shows significant preservation of trees around the perimeter of the site. The grading plan appears to conflict by extending grading limits all the way to the County Road 19 r.o.w. and relocating the pond to the southerly edge of the site. The landscape plan should be revised to show not only existing trees/vegetation to be saved (based on the applicant's tree inventory), but also replacement trees for areas disturbed by construction. The plan should also describe the method of preserving trees. 5. The landscape plan should enhance the buffer on the west side of the site. 6. The E.A.W. process resulted in a recommendation that landscaping at the entry of the site and/or around the relocated house should reflect the work of Peter Gideon (e.g. apple trees). The Minnesota Landscape Arboretum has not responded to our request for input in this regard. However, this suggestion is still considered to have merit. 7. The revised grading and drainage plan will be addressed under separate cover by the City Engineer. Jim Hurm Joel Dresel Tim Keane Fred Katter /' - 2 - FilE COpy J II ' . ""', A -, - jI...;"_-'.',_," .I,' ,-' CULTURAL RESOURCE RECONNAISSANCE SlJRVEY AND CEMETERY ASSESSMENT 21-HE-47, GIDEON BAYl~10UNDS GIDEON'S WOODS, SHOREWOOD; :MINNESOTA . FOR KATTER DEVELOP:MENT CORPORATION FRED P. KATTER BY . ALL NATIONS CULTURAL RESOURCE PROTECTION AND GRANTE. GOLTZ SOrr.s CONSULTING JUNE 7, 1993 " " Exhibit A GIDEON'S WOODS ARCHEOLOGICAL STUDY Dated 7 June 1993 MANAGEMENT SUMMARY Cultural resource reconnaissance survey was conducted on a parcel in the NW NE of Sec. 33. T 117, R 23, Hennepin County, platted as "Gideon's Woods". Mound #68 of the Gideon Bay Mound Group, HE-47, was identified in the northeast corner of the parcel. No other cultural resources were located. Assessment of the sigmficance of the Gideon house, also within the parcel, is excluded from this survey. Most of mound #68 is intact, although the north and south ends of the mound have been impacted. The mound is outside the proposed construction area and will be in a common outlot. It is recommended that the developer work with the Indian Affairs Council to develop a management plan which. will provide long-term protection for this mound. . . INTRODUCTION . Katter Develop-ment Corporation proposes to construct residential housin~ on a parcel called I Gideon' s Woods", near Lake Minnetonka, in Shorewood, 1\1innesota. Review of the project by the State Historic Preservation Office revealed that 21-HE-47, the Gioeon's Bay Mounds were located in this general area and might be impacted by the development. Mr. Fred P. Katter of Katter Development Corporation contacted Grant E. Goltz of Soils Consulting to determme if mounds were present on the development parcel. Mr. Goltz consulted with Indian Affairs Council and State Historic Preservation staff prior to investigation of the parcel. Procedures for the implementation of MN ST 307.08 were followed throughout. Mr. Tom Katter met the survey team at the site and provided information regarding the parcel and proposed develoRment. His assistance and concern for the proper protection of ilie burial mound found in the parcel is greatly appreciated. PROJECT LOCATION AND DESCRIPTION . The project is located in Hennepin county, T 117, R 23 NW NE of Sec. 33. The parcel comprises 4.66 acres at the northwest comer of the intersection of Glen Road and County Road No. 19, at the southwest comer of Gideon Bay on Lake MinnetonlCa (Figs. 2, 3, 4). The parcel is heavily wooded with large hardwoods, with a mowed lawn adjacent to the existing Peter GIdeon house. It is located on a rise above the shorelines of former higher levels of Lake Minnetonka. Soils are well drained fine sandy loams, with a thick dark surface horizon. BACKGROUND RESEARCH Site 21-HE-47 was first mapped by T. H. Lewis and consisted of98 mounds located along the shore of Gideon I s Bay. Lewis I notes were used to reconstruct, on paper, the. locations of the mounds. This map was then used to locate the site on the ground. Paper reconstruction put mound #68 at the northeast corner of the survey parcel (Fig. 6). Files of the State Archaeologist were consulted, as were the county memos of Lloyd Wilford and survey notes for Lake Minnetonka located at Ft. Snellina History Center. No other pertinent information about the project parcel was 10und.. Most sites located around Lake Minnetonka consist of burial mounds. Survey at the proposed Hennepin County Regional Park located small pre-contact sites close to the present shore. The parcel appeared to have moderate potential for the presence of non-burial occupation because of its location on a terrace which would have overlooked Lake Minnetonka when it was at a higher water level. 1vfaterials representing precontact period contexts could be expected in this location, as could contact and post-contact materials. The parcel is the location of the Peter and Wealthy Gideon Farmhouse, which is listed on the National Register of Historic Places. Consideration of the effects of the project on this property are outside the scope of the present survey, which is focused on the SHPO request to determine if the mounds of HE-47 are within the parcel (Dennis Gimmestad, personal communication). The burial mound authentication information was gathered by Grant E. Goltz under the procedures of MN ST 307.08, as authorized by the State Archaeologist (Letter to Grant E. Goltz, April 1, 1989). FIELD METHODS Survey was conducted on June 2 and 3, 1993 by Project Director Grant E. Goltz of Soils Consulting, assisted by archaeological technicians Joe Nadeau, Levi Williams, and Edie Norris of All Nations Cultural Resource Protection (ANCRP). The entire parcel was walked to detect surface features such as mounds or depressions. Twenty-five shovel tests were excavated in approximate 10 cm levels. All materials were screened through 1/4 inch mesh (Fig. 4). Soil cores were taken to confirm the authenticity of mound #681 a portion of which is still visible (Fig. 4). Mound fill depth as indicated by the SOlI cores was consistent with Lewis' initial mound-neight measurements. . RESULTS All shovel tests were negative. Mound #68 of cemetery site 21-HE-47 was located in the northeast corner of the parcel. Both the north and south ends of the mound have been impacted, but the central section is still intact. An old, unimproved dirt roadway cuts through the south end of the mound. The north end has been removed by a railroad cut, which is now a graveled hiking trail (Fig. 7). This mound is approximately one foot high, and thirty feet wide. It was originally sixty:five feet long, but only fifty-seven feet of the length of the mound now remaIn. . The boundaries of the mound are still distinct and intact. The mound is covered with mature hardwood trees. No cultural resources other than Mound #68 and the Gideon farmhouse appear to be present on this parcel. . . CONCLUSIONS AND RECOMMENDATIONS Mound #68 is outside the area of p,roposed impact. Plans for the Gideon I s Woods development call for a "commons I outlot which surrounds the twinhomes. The mound is within this outlot. The southern end of the mound is approximately 25 feet from the north end of twin homes 9110, and is separated from the proposed twinhomes by an old roadcut. General guidelines for development near burial mounds call for a 50' no-development buffer or the placement of fencing or other landscape features between the development and the mounds in order to protect them from accidental . damage or inappropriate use. Where the location of the mounds is distinct and not in question, as In this instance, MIAC may approve reduction of the buffer if other protective measures are taken. The developer may wish to consider redesign of the placement of twinhomes 9110 and/or landscaping which will protect the mounds from encroachment due to use of the twinhomes. The results of this survey were reviewed with Mr. Earl Sargent of the Minnesota Indian Affairs Council (MIAC). He indicated that, although the project would not affect the mound, MIAC would like see a restrictive covenant recorded to protect the mound from any other future development, and would like to work with the developer to prepare a management plan for the mound. A copy of this report has been furnished to MIAC in order to facilitate coordination between MIAC and the developer of Gideon's Woods. ~ .0 ..,. o 100 ~oo K....' 100 I~O MI .---- 50 MAN I T 1:; FIG. 1: PROJECT AREA LOCATION ~. ...... \. 1 . . ... . L . I j ] . II""'#O.ft '0M.. !---n-- FIG. 2: SITE LOCATION WITHIN SHOREWOOD, MN Gj .. ~! -:"1 ... '~:'- ~. 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J ~_:~: ~-t~i-:~::-:~~~.~-~~~ f':~ ~S~~:j .-:-~-~~:-~._~.._~_I;t,., l ~......r-i-l-~'~ :.'..: :"1; I ~---_....~_:..: '::':;l-.A_ -,-r-!'!, ..._.._1 _ 'l I t I, _~~--,--.--"-""-r.'.-., I I ~ :__~ _.:...-- FIG. 6: RECONSTRUCTION BASED ON NOTES OF OF PORTION OF T.H. LmnS HE-47 " -,- I ,- J ,........ I o -- u. o , i J /'/' ';.,..--- /' e:.ft /" /" .... /,,""""'- . 8 Z J:r,:l ::E: p.. o :3 Z J:r,:l ..:: :> coJ:r,:l Ul\.OO J:r,:l~ 500 CJZ~ ~:::>O HOp.. O::E:O Ul!:toO:: 0P< ~UlO J:r,:l8 ZHJ:r,:l 00:::> H.d:;H 808 .d:;Z.d:; CJ::J~ 00J:r,:l ~a:l0:: .... ..:, u <:z: II or: ~ vo >c: <C <:: A I ::E iJ-~ !~ ;f , I ....:.iC.. 'SI"'. I I ('\., r' ...../ .. ..... ..... ,.. . ".- ..- . ...- i: ~ ... C> ~" c:! <;) \.J "' J ..1 <;) 1/1 ....... ' o I"l ~ . -., I .J .. r-- 1 .J /" . ~ H !:to r- 1 .J \ , 1 1 '.J 1 (/" J I ~ . I I I I I I I 5 I "'-.. I I 0:::: I -1 <( I a:: --.J l- I -1 W I ~ j I <( ~I I I 0:::: I f- J I I ~I . . . . . . . . . . . . . . . . . . . . '. I ~ I A 5cO I o ....g I z: I / I 1\ I \ ......1'3 \ '. ::s::: \ '.U I'ea \ ..... ,t;j... <( \ ". I (/) ". LS\ .... <..') ..... f- 0::: \ .0 . <( I'crt ..0 Z . . ...:.:J 0 10 f-' -.:: v"':::::: ~ '0 OQ o 3=' I :: I 00 :0,..... ..q. . NO') cr,L.() coN z: .". c '.. '. '. '. \ \ \ \ \ \ \ '. , PROGRAMS OFFICE 1R. CHRISTY HOHMAN-CAINE State Archaeologist Research Lal:loratory 8uilding ]. University 01 Minnesota Duluth, Minnesota 55812 218-726-7154 ~\CE Of: ~ o V. -Y(<' LABORATORY ~ Minnesota t:; ~ () (<' 0 -<{RCHA~O'v CR. SA,,8ARA O'CONNELL ASSistant Stall: ;"rcnaeOIO(;'SI Hamline University 51 Paul, MlI'''eSOla 5510. 612.64'.2253 April 1, 1989 TO WHOM' IT MAY CONCERN: This document designates soil scientist Grant E. Goltz as soil morphologist authorized to examine, map, and perform limited small-diameter soil coring for the purpose of determining grave location and soil morphology within knqwn or suspected cemetery sites. This information will become the property of the state of Minnesota and is gathered for the sole purpose of authentication by the state Archaeologist under ~_~ ST 307.08 regardless of whether the state or private parties assume the cost of the work. . All work must conform to procedures established by the state Archaeologist1s office. Morphological documentation shall include soil profiles and interpretation sufficient to support authentication in a court of law. Before performing any work on a known or suspected cemetery site, the state Archaeologist and/or the Indian Affairs Council should be notified as to the location and when work will commence. This authorization has been discussed with the Indian Affairs Council and is given with their consent. This authorization will be'in force until terminated by the state Archaeologist, after consultation with the Indian Affairs council. . ~y A: HOhman-ca e Minnesota state Archaeologist cc: Indian Affairs Council -~J .J J :] n U G ] j "] ] 1 ~1 MINNESOTA ARCHAEOLOGICAL INVENTORY STATE HISTORIC PRESERVATION OFFIC~ 1/28/93 COtJNT'! _~~ "-,,,.. ~.: ____ SHITESONIAN SITE # Ii I=="" -l-.! ~ SITE New ..$- ~"r--N U::ca.::e SECTION 3,~ 'J:'NP /CITY <:)\...cT"<2..........='" ~ NAME G ,'d.~C'l~ ~('\ '6 ~<;. RANGE ~l QTR-SECTIONS Nw ^-lE fI E:!.D i TOWNSHIP I f 7- LOCATION DESCRIPTION ,<)l() r~~t-.. o~ CC~A~("'~ 8,('\ '-,. k~" ~; v'-.......~c."-l<.." / J PLEASE ATTACH: copy of USGS ~p with site 3.ea outlined A~O/CK sket:r. ~~p sr.c~i~S s;:e a.ea. CURRENT/RECENT uurn USE AND VEGETATION \.-t::'I,J~'l... I I.,.::;P .-.ll \>..::l,-,c,\ <::. A..~TIFACTS OBSERVED/RECOVERED t"\!r'IK.Q LEVEL OF INVESTIGATION: informanc reoort reco:cs review ~ su:~ey ___ evaluation/incensive testing e~cavation- consc:uc~ion monicoring . TYPE OF SITE: single a:tifact artifact scatte: surface feac~"e ^ mound/earthwork(s) structural remnant(s) pecroglyph/::ic::ograph --- othe:/additional infO:- subsiscence SITE FUNCTION: unknown habitation X burial other / additional in:o. 'N\.!.. It: (.,. b "t'€\t:\m..'\;qA--- CULTURAL ASSOCIATIONS / CONTE:!T \ ~"cc~ \c~ "..J,:-~ ~~~~~ \~ <;:,,,",- ) n..~ ~ c\..\;k\_<L~ REPOSITORIES: artifacts --.hf Co field notes/photos 'SA~ L Cj;\ tC'-L . '\'::l n LAND OWNER (narr.e, address) C.\~__'''-<'o..'\ \-c..t--\v..t'r-s.\....:,\'J INFO~~S (n~~e, address) ~l\ 'fIr.-'-'~\ \\C'Oclc. ~I.~E" r 1M ~k f'(\f'J ~rJ.f O::'.J. PRIVATE COLLECTORS (n~~e, address) ACCESSION #(S) 'I-./c-- I USGS QUAD (name, date) ~",~ ~ \S \ "':'~ paOTO ,ii(S) . REGION UTH COORDINATES (central point is acceptable for area less than 10 ac=es) ZEN ZEN ZEN ZEN SUBHIT!ED B '{ G "-c:."":\; ~. ( '" () \. ~ z.. INSTITtITION/AGDlCY/COHPJUf'{ ~~~ \<,. PROJECT NAHE G ~ ~.J;O~ l~C"O ~<:" C" '?- . c::r.3 DATE <2:b\N.V \-\-,' ,-...s:.. ',J SaPO R & c# NREP RECO~~ATION SHPO ONLY NREP STATUS: ON Determined Eligible(DOE) ---Not Eligible ___Unevaluated Consideced Eligible (eE?) more informacion needed SEFO IHY. ;: REPORT # QUARTER COUNTE::l - ,-." . '-., . " j '-.. ~ _ ._11...1 '.. i.. I C. _ . ..:' ~ _ - _ ':.1 I - .." :-..', I Cl7/00/9:l 11:.12 F.U 1 H;: JJIj S.57~" . . _~ u 1 ': '.j '..' .-rCt."lJ.Illl (jXlJL't' 13:56 No.003 P,Ol ~I)U; KAT'l'ER DEVELOPMP;HT CORPORA'XION 4020 MULTIFOODS TOWER HINNEAPOLISr MINNESOTA 55~02 fiLE COpy June 22, 1993 Mi.nnesota India..." A:f-.fa:irs Council 127 Un.iver~ity AVQOua St. Paul, MN 55155 At:"tenticn: Mr. Roger Head Post-It'. brand fax transmittal memo 7671 To Co. Fax , Subject: Vart.anca reqw\S'C - Indj,an burial mound in property ~ooated a1: 24590 Glen Road, Shorewood, M:i.nnasot:a. Deer Mr. Head: Kattar D.ve~opment Corpor~t1.on, under the gu:t de.nc:e o~ several Sta.te o~:!.i.ces, retuned So.i.l Consultants, I:no. 1::0 conduct a suz:vay of "the! property loca-tad et 24!590 Glen Road i.n Shorewcod, Minnesota. The resu.l. 't:.9 oi: the su..~y have been publ.:f.shed wi. th two maj or conclusions: J.. '1'ha J.ocation of a bu=1.a~ mound in "the north/!!e..l!J1: port::ton ot l:h. property was doe-..:.-ne.ntad. 2. Twenty fi. va hab.i tat excavations racu~ t:ed :Ln negative ~~nd~gs as to prior hab~~a~on. We are now mortng ahead on 'tl'llt approval b'rcce~R to dRV6\~Op ttlte property in accordar..co with the a.pproved preliminary p.lans. Based on the ~oc~:t:!.on of the bu't:':i8l mound as shown .in the survey,. we a:::-8 requesting a vari.a.nce from -the no:rmel 50 foot set back requi.rement. We respeci:.:fully r3qUes't au'thor:izai::ion to deve1.op 1:w.in home 9/10 within 25 :feliilt: of 'the mound. This var~anca rQquast :is required to provide ~de~lRtA pub~:!.o saf~"t:y. . . ;f.ngrass and egress of fi;r:e fi.ght.ing equipment: requ.:!.res ~urn around and access ~o the south of twin hom~a 7/8, 9/10 and 11/12 whi~~ can be provided cn~y by locatL~g ~N:Ln home 9110 within 25 feet o3'! the burial mound. Oeparb.:.;:::e :f=om the cu=ani: e.pproved pJ.an w:i.~l not per.m:i t adaquatQ room. :for :E.:ixe ~i.gb:t::!.ng equipment to operate in the northgrn portion of tha proper't:y and serve twin homes 7/8,. 9/10 and 1~/12. Exhibit B INDIAN MOUND SETBACK VARIANCE Accepted by Indian Affairs Council I n I:; i .=.:1 . . hTi,:-.ir-: 07/09;93 ... 1 __. -,. ...._ ...__ 1_ Ij '.~ ii C L i i t.. ~ : r:- .;. ...: - ~ ',:' I -::: :_:. ..:. I 11:JJ F.~1 1 612 JJ8 5572 ...1 U ~ 1:1 I:" .1-, McCmm CROUP 13::~ 1\1:1. (!i:l: ; As a COnd~tion o~ your approva~ o~ the ~ariance we w~ll agree to the following: ~. encircla 'tt.le mcund area wi 1:h. a mat"..1XR priokly ash hedge y~ preven1::1ng access, and z. PrOVide ~emporary soi~ erosion con~ro~ and accaQS control tencing during comn:ruC1:ion, and 3. Record cover...ants on the prope--r-t:y locating the buri.a~ mound and prchibi ting access by the publ1.c inc~u(Ung any ana al.l ~..,1n-home owners or their guests. We woul.c:1 apprec1.ete your ecrl.y cons1.clara1;;1.on o~ 'Ch;1.s var:i.ance request. FRK:kks CQ~ Earl Sargent Robert C1.ouse . ')- [lJ OOJ BY': Ro~.r Head. Executive Direc~or ID MINNESOTA HISTORICAL SOCIETY July 6, 1993 . Mr. Bradley J. Nielsen City of Shorewood 5744 Country Club Road Shorewood, Minnesota 55331 Dear Mr. Nielsen: Re: Gideon's Woods P. U. D.; move Peter Gideon home within its historic site at 24590 Glen Road, NW/4 NE/4 S33, Tl17, R23, Shorewood, Hennepin County MHS Referral File Number: 93-0908 . Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to the responsibilities given the Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act. We have reviewed the results of the survey of the project area by All National Cultural Resource Protection and Grant Goltz. Based on the results of this survey, we feel that the probability of any unreported properties being located in the area of potential effect is low. We do continue to note the presence of a burial area (Mound 68 of site 21HE47) within the project area. This area should be avoided and protected, and you should consult with the Minnesota Indian Affairs Council and other pursuant to the requirements of the Minnesota Private Cemeteries Act. . Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at 612-296-5462 if you have any questions on our review of this project. S~incerely, .~ --b~;Vk1 rf1l~Lev\/c Br~tta L. Bloomberg ~ Deputy State Historic Preservation Officer BLB:dmb cc: Grant Goltz Roger Head Earl Sargent :3-1.3 KELLOGG BOCLEVAHD WEST / S\I'\T p\u.. ~II:\:\t Exhibit C MINNESOTA HISTORICAL SOCIETY RESPONSE Dated 6 July.1993 - ":.ANlJ / .-/ -- -77~--.-'1 / ..: / /. . \ \~ - "!'IUSE\ \ \ \ , I c H,OUSEi ! - -J ~ : _ .J. c....1' 5'~ ~~ ~IO u\ : \ I \ , \ . \ \ '. ' \ \ -_l~___~ . . \ \ \ \ . = XI~,TIN.6 IiOU$c TO BE ~LoC.Ar'~D 4$ SHOWN. . b4oco 6>.F/ 1.4-7 tic. !-Or. e VE:~/FY) -\ T R A I L \ \ R / IN EXIST STORM MH /1TR=.942.0 , , I 15[ <" /( ,"So -,----- ~. <" - -, ! I T~, I / )/ ---~ EXIST SAN MH TR= 948. I IlW= 9J9.7~ I I - I EXIST SAN MH J5-12 TR= 949.J IlW= HO.O \ \ s~ G\... r~~s~5'~r855 - I J JIW."945.4 Exhibit D REVISED PRELIMINARY PLAT -r-PYCs;w--__ _ I ~::.-~ _:..~_-;t~~--- .---------- --151.80"- S 89'59' 60" E .. ."" ~-' t, " , . . \ 'IV ~..: ';kA:!:":L fRAIL , / N 89.24' 60" W 259.70 :E " D:.r::; r :. TORM MH 'TRc: 942.0 ---------- 1"'''' ,.. ~ST ~ MH = 9 4 ~ 9 0.' ,,:.. 8$f(! ~ MH JO-7 ,f.lV. 9~'h4 <1> IJ',., O'l O. .~~ ~~ <" . o ~ SCALE " I:.~' -l 5ilN6 HOt/S6 136 F(ELOCATeD SHOWN. "4000 SF/ 17 AC. LoOT : VEF(IFY) CONNEC.T TO EXIST SAN MH TR= 948.1 INV= 9.39.74 (COREO ANO /3OC177iD) EXIST SAN MH .35-12 TR= 949.3 'NV= 940.0 LlN6 'A' ,10 -r:-PVc~- ----.- -__ -/::.-- ~r" / Exhibit E REVISED GRADING/UTILITIES PLAN " ---151.80 .., S3'}"59' f,0" E -....,:_.... i.- .....y. .-.:': ~t:..~~ ::' ~:,.<;' . :.' ,.... . ~ ~ij\ -1\)\~ ~I i ~I unl ~N~==~~':<lz ~ ~~ ~~~~! 7" "" ~ ~ ~ ~. ~ ~1"<'7 Irri r Jl ~ f< '" oJ> t" 10 -:\i \'" (';~ i ~ , i i S~ :J <~ k; ~c{'5-<\l1": C~~~~7i -r /(}-r 'I '2.- C~!r ~ ~ ~ ~- t' ~ :~ t. ~ ""'1 )>'" I} -I ~ r~. "'" .,... ..1 - I'" .>;;> Z-.:-- ~ 3 ~ t'..l :.r- - ..:::{~ I' [>,~~r;';;I'Z -.:c 11"\" <. l~ Q --1 -. 'll~ ~ ~.L-5 ::.- -\.,. - ~ ;; I {t( .Y I"'.r .L' \ " {. '" : -u.:I:: s; '.' -x 7. ~ I J J ::; I I" ,- t;_ - -"-l ~.'(j\ ~ - .l> ~-I'l ~ ~ t\ ,=- ~,~. , ,:.." '* ::' m "': ~. ..-:: ~"'T \~~ .~ ~ !p"-l"" \,,~'''f_~:tJ fil~ '!' \'t ~ ~ -:I~ 'Il' . . ,.. -. .~ ~,. ., _.- . n,- '. . 4. ..~ - I- ;'~-i:;..~:;t~,: ;::.f{.t:'.~:~. '{;'~~::: . . 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I, I I I I I I I I I 1- .--~- __J I I I I 1 I I I I I GH~T=J f"H S r:::::rl ~ ~TH 2'1 STAIRS ,'i og y:q.. . 1-------- I I I L-. _ _ ___. _ I ,.. 1______- ~ . -- -- - ,'0' - ----Tr I I I I I I I I, ~ I I I @ le~r I I I I I I r-l I \IV I L.._..J. r-l 1'0 f ~_.l - - - - -- _ __J BED ROOM LINe: UP WI -:-T """e.ur UP Jo'~r~ Alb:O/a fgJ LIVING; ING. ---------- tl-<::)11o CRAWL S.PAC~ . I I I I I I I '- '. I -------------" BASEMENT FLOOR PLAN '/411="-0" UNE UP \'VAw..::. WITH E"I~TI""'~ 1i:.E~C)et.Jc.s Cef-..)TC:.~ 'NINPOW~ OJ.,.) lVINOOW,> ,...,CO\l1!:. .:~.. "'rl.JD~ @. It,," a.c.., ~YP,l>P e<1T14 :>11>_ ;cE DevEt...F="O~ FI"I!o"'E~ Fufl OUT e)(T. WAU-; IN FI.....SMIS.O R.ooM~ VV/ Cio,,{F>. e.p ot..,) I,.<~@. 1~"'O.c:.. '?Ee OTHEr<:. PW'>OJ:> FOR McCf.t.; a'"~tiC. IvOR"- 'l.o'xe; c:.o"'c. 1".60 "lI':#8 @.1'z.'W"'u.. It".xe".. II " ~ ~''f ~TUD w...., Exhibit G BASEMENT FLOOR PLAN 1- A f .. ~ j~ ifll ". ~ 'i~,"'" r ""n .. "0. 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Exhibit H GARAGE PLANS September 7, 1993 r'~'J !~~n& ~AU Jla AsSociates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5i75 FAX 595-5774 Mr. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Engineers Architects Planners Surveyors Re: Gideon Woods OSM Project No. 5047.00 Dear Mr. Nielsen: We have completed our review of the Preliminary Grading and Drainage Plan for the above referenced project. This review has been conducted from an engineering standpoint regarding drainage, grading, and utilities. The grading, drainage, and utility issues appear to be in general conformance with the City's standards. We do recommend, however, that the water curb stops be placed in easements for City access purposes. . Previously, our concerns were centered on controlling the runoff from this site. Based on the data received, it appears that the post-development stormwater run-off rate will be equal to, or less than, the pre-development rate, and therefore, in conformance with the City's policy in this regard. Stormwater quality has been addressed through the development of a detention pond with a standing pool of water. The developer will need to obtain the following permits prior to a grading permit: o Hennepin County Regional Rail Authority (HCRRA) Hennepin County Highway Department Minnehaha Creek Watershed District . In addition, at least the following permits will likely be required. Minnesota Pollution Control Agency (MPCA) Minnesota Department of Health The developer shall be responsible for obtaining all required permits, including those listed above. If you have any questions, please call me at 595-5695. Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES, INe. ,<- /;/ /" ~~ Joel Dresel, P.E., L.S. City Engineer J: \5047.00\ CIVIL \LEITERS\090793.BN Equal Opportunity Employer ~6 PROPERTY FILE 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 "~ 25 August 1993 Mr. LeRoy Bishop 24140 Smithtown Road Shorewood, MN 55331 Re: Zoning Violations - 24140 Smithtown Road . Mr. Bishop: Our office has received a complaint that boats are being offered for sale on your property. Upon inspection of the site, it was found that one or more boats have been displayed in front of your home. Your property is zoned R-2A, Single or Two-Family Residential and outdoor sales is not an allowable use in that district. - While there is nothing in the Code to prevent a resident from selling his own personal property on his land, the boat is not registered to a resident of the property in this case. .. This is to advise you that the violation must be corrected within 10 days of the date of this -- , letter. Failure to comply will result in this matter being turned over to the City Attorn~)y for further legal action." . - '._-, . Our inspection also revealed that additional boats are being stored on the back of your property. If these boats are not registered to a resident of the property, this constitutes a separate violation of the Code. Upon reinspection of your property any such boats remaining will result in further legal action. If you wish to appeal this notification, you must submit a written appeal to the Shor.ewood City Council explaining why you can not or will not comply. Your appeal must be received no later than 1 September 1993. If you have any questions relative to this matter, please do not hesitate to contact me. CITY OF SHOREWOOD p~ (I. ~kr-J .:.07) Bradley YMielsen Planning Director cc: Jim Hurm Tim Keane A Residential Community on Lake Minnetonka's South Shore 1f-1 A- . . September 1, 1993 To: Shorewood City Council Re: Notice of zoning violation sent August 26, 1993, pertaining to p~91ic sale of and storace of boat~ on property of leRoy Bishop at 24140 Smith town Read Upon occasion, I have allowed neighbors and relatives to display for sale, boats/trailers, etc. At all time~, these items were well within property boundaries. They created no danger or inconvenience to traffic, nor any hazard to persons or otaer property. The boats/trailers stored elsewl\ere on thi~ almost seven (7) acre site are. mostly invisible to public traffic and inaccessible to all, but illegal trespassers. The majority of the items belong to my childreno I do agree that an unintentional violation of a city ordinance may have been made. But, a common sense solution is possible and can be found. My feeling i~ that this anonymous complaint is not justified and should be contested. An audience before the Council is requested. Yours truly, leRoy V. Bishop This letter received at the City Hall (\ -^ 'J' (1 II . by ~ i L') f\'n.ID' ') j \' f Llnl Da te ip J Cj ~ · =tt78 TO': Mayor and City Council Members DATE: September 9, 1993 )J.n.. .'/ II I , ! j U FROM: James C. Hurm, City Administrator RE: Agenda Item #8 - Vine Hill Road Trail The following are cost estimates for the various trail segments (segments are illustrated on the map on the reverse side): Footage Secnnent 1 425' Secnnents 1 & 2 1,035' Secnnents 1, 2 & 3 1,065' Materials for Gravel Only $ 550.00 (out of pocket) $1,875.00 $ 2,940.00 City Manpower* & Equipment 2,110.00 $2,660.00 7,385.00 $9,260.00 11.725.00 $14,665.00 . To add asphalt over the gravel include the following costs: Material for Asphalt $ 510.00 (out of pocket) $1,750.00 $2,750.00 City Manpower* & Equipment 500.00 $1,010.00 $3,670.00 1.170.00 $2,920.00 $12,180.00 1. 690.00 $4,440.00 TOTAL $19,105.00 --------- --------- ---------- ---------- ---------- ---------- . This tells us that to do the petitioned segments (#1 & 2) it will cost $1,875.00 out of pocket and $7,385.00 internal costs for a gravel trail; and $3,625 out of pocket and $8,555.00 internal costs for asphalt. Because of the topography, asphalt is recommended by the Public Works Director. $15,000 has been designated in the CIP for park trails for this year (page 29 of the CIP). We are planning to build a trail fund so this is where the money could come from should Council wish to do the work. Tree Trust adult workers will be in the City in late September and October to complete playground edging. They could be utilized to assist in the project at no additional cost. There is a trail on the east side of Vine Hill between Manchester and Covington in Minnetonka. Next year they plan to extend that trail northward about a half mile to Ashcroft (the new duplex development). There are no plans for a trail south of Manchester at this time. * City manpower and equipment are not out-of-pocket costs, however, they need to be considered when deciding on the total project. In effect, what it does is reallocate equipment and manpower resources which had been allocated to other Public Works functions. JH/tln (9993.2) *'6 w z .. 1.....1111 .segment #1 Segment #2 Segment #3 --- ...1 r COVINGTON RD. . J. CHESTNUT TER. 2. WHITNEY CIR. 3. ELBERT PT. 4. Mc KI NEY PL. CLEARVIEW DR. . 5. CH ESTNUT CT. 6. McKINLEY CT. 7,. McKINLEY CIR. TOWN LINE RD. .olf( . . o >-= . . ~L:..r ....If, ,.-J ..L~I. .1.1::;.' 1...1-='1'1 nrL-.~.. 1'11"1 r..~ QSu =0& t WI. AsSociates, me. 300 park Place Center 5775 wayzata Boulevard Minneapolis, M."l55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 fnmneers ArChitects Planners Surveyors September 8, 1993 City Council City of Shorewood 5755 Country Oub Road Shorewood, MN 55331 Re: Badger Park / City Hall Parking Lot Bid Acceptance Dear Council Members: Bids for tbe above~referenced project will be opened, checked, and tabulated on September 13, 1993. A recommendation to accept bids will be made and presented at the September 13, 1993 City Council Meeting. Sincerely, /nm I:\5047.06\CML\LEITER.S\090893.CIY it9 Elj'..Ial opportunity Emplcy~r . . TO: Mayor and city council Members FROM: James C. Hurm, City Administrator DATE: September 9, 1993 f'......l t. - i ' I r/V RE: Agenda Item #11 - Discussion on Policy Matters A. 1994 Budqet Issues: Each agenda up to the final budget hearing will include this item. This is an appropriate place for Council members or staff to raise issues relating to the 1994 budget. Staff has no issue to raise at this meeting. B. Procedure for Selection of Planninq Commissioner: In addition to the resignation of Louise Bonach, Jack Hansen has also submitted his resignation from the Planning commission. During this discussion the Council should decide how appointments will be made. I hope you will consider appointing someone from the Islands to replace Jack Hansen. This has traditionally been the Islands' connection to City Hall. JH/tln 9993.1 1f II September 9, 1993 . Mayor Brancel Shorewood City Council Shorewood City Offices 5755 Country Club Road Shorewood, MN 55331 Mayor Brancel: I sincerely regret to inform you that I must resign from the Planning Commission effective November 1, 1993. We have sold our home on Shady Island and it is unlikely we will relocate in the Shorewood area, not because we don't love it here, only because we are looking for 25 plus acres. I want to thank you all for my appointment. It has been a great learning and growth experience. The current commission is as strong a group of people I've seen in unpaid dedication to their community. I wish you all the best~ · 9?~~ Jack R. Hansen cc: Rosenberger Borken Malam Bean Bonach Pisula Nielsen #//8 TO: Mayor and city council Members DATE: September 9, 1993 M- 7N ~\I FROM: James C. Hurm, City Administrator RE: Agenda Item #13 - Speed Awareness Display Although you have received under separate cover information on the Speed Monitoring Awareness Radar Trailer (SMART), we are enclosing another copy of the material in the packet for your review. This appears to be a tool which could be used by South Lake Police to discourage speeding. I have heard very good comments about it during the test period here in Shorewood. The unit, complete with computer readout, would cost $11,500. with sales tax, which municipalities now have to pay, and shipping, $12,500 should be budgeted. It is worth noting that it can be used for traffic count purposes as well as speed monitoring. Some questions for Council discussion are: . Should the City of Shorewood by itself purchase and use SMART? Should Shorewood approach the other communities in the South Lake Police Department to share SMART and its cost with us? If Shorewood purchases SMART, should we be willing to lease SMART to neighboring communities for its use? Funding sources for SMART could be as follows: 1. Place it on our equipment replacement schedule, purchasing it out of equipment set-aside funds. 2. Requesting a civic organization to purchase SMART for us. This may have the additional benefit of negating sales tax. . 3. Ask South Lake Police Department communities if they would be interested in purchasing SMART by including it in the 1994 Police Department budget, having it used by South Lake at their discretion in each of our communities. Cost savings could be realized in SMART being used in lieu of additional patrol hours in areas that have particular speed problems. This can, in the long run, reduce our percentage of contribution to the South Lake Police Department. This potential financial advantage is only effective if SMART is not used throughout the South Lake communities. SMART should be able to be used as a traffic counter, saving engineering charges in setting up and taking down manual counters. If anyone wishes to have a representative from the Police Department at our meeting, please call as early as possible so we can attempt to make arrangements. JH/tln 9993.1 #/3 SOUTH LAKE MlNNETONKA PUBLIC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG Chief of Police (612) 474-3261 ME~QBAl!~!IM AUG 2 6 1993 To: City Administrator James c. Hurm Police Chief Richard A. YOu~ August 24, 1993 - '0 From: Date: Subject: Speed Awareness Display . When we talked yesterday, you asked if the department could borrow or rent a large radar speed display used by Minnetonka. You also asked if I could price such a unit. I replied that this department has, for years, conducted a speed awareness program using a large radar readout display. We have borrowed the unit from the Kustom Radar distributer for the upper midwest who happens to live in Shorewood. The unit we borrowed is a suitcase sized display unit which is run from a vehicle. The speed readout is the same size as the trailer mounted unit used by Minnetonka, but it is dependent upon the vehicle for the radar and power. Because of its portability, it must have personnel assigned to it at all times. . As I mentioned, we have used this unit up to three times each summer on various streets in the community such as Smithtown Road, Mill Street, Minnetonka Boulevard to name a few. The Reserve Officers have made a yearly project of it. We also usually assign an officer who will issue citations to gross violators. We have a large sign with our emblem which we place near the operation promoting speed awareness. I did contact the distributer and received the following prices: A trailer mounted large readout unit with a removable Falcon hand held stationary radar, complete speed limi~ signs, built in alarm system, axle locks, computer with printer to record traffic counts, speeds, times, etc. costs $11,500 without tax and shipping. The same unit without the computer system is $8,500 without tax and shipping. For either of the above units we could use one of our existing radar units and save $900. However, the radar unit would have to be modified at an approximate cost of $125. A further problem is that all of our current radar units are permanently mounted in the squads. A suitcase sized large readout, such as the one we have used in the past costs $895. Again, we would have to modify a current radar unit at a cost $125. Serving South Lake MinnetonJal Communities of Excelsior, Greenwood, Shorewood and Tonka Bay . . Obviously, the main difference in the cost is due to the fact that the trailer mounted unit can be left unattended. The deluxe unit can also accomplish many other tasks with its capabilities. Many of which could be very useful to the city. It can also be used over long periods of time. The suitcase sized unit must have personnel assigned at all times. I certainly do not have the necessary personnel to have the luxury to assign a sworn police officer to such a detail on a frequent basis. To do so on overtime would eventually become more costly than buying the trailer unit. Further, sworn officers would like to chase down and issue citations to gross violators which you can not really do with a large readout unit balanced on your vehicle. To use Reserve Officers also has some problems. They are volunteers and therefore can not be assigned days and times to work such a detail. They are, quite often, not available during the "problem" hours because they also have jobs to work. We would also have to modify one of our radar units at $125 which means, due to the permanent mounting, always using the same vehicle or spending the money to modify all of the vehicles (five). But, it really depends on how often the city wants to do this type of thing. The cost difference may require the suitcase readout and radar modification, if a decision is made to purchase such a unit. I have made arrangements with the distributor to use his demonstration unit (the trailer unit) from tomorrow until Labor Day. It will be at the police department or in use during that time. If you or any councilmembers would like to see the unit, please contact me. SOUTH LAKE MlNNETONKA PUBLIC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A YOUNG Chief of Police (612) 474-3261 H~BQBA!iDYB To: City Administrator James C. Hurm From: Police Chief Richard Date: August 25, 1993 Subject: Speed Awareness Display . am enclosing more information supplied to me today by the distributor on the SMART system. I also must correct a statement made in yesterdays memorandum. The size of the display is not the same as the suitcase sized display. The trailer has 12 inch numbers versus 9 inch number of the suitcase display. I have also enclosed copies of some of the reports that can be generated by the computer system. Needless to say, this could be used in many, many different situations and neighborhoods in the City of Shorewood. Today we set up the unit on County 19 at the Shorewood City Public Works driveway. We will be moving it around over the next few weeks. We will also be making a press release next week. These units have been sold, complete with computersystem,--to Minnetonka, BrooklYn Center, Willmar and one other Minnesota city. A sale of the same computer system is pending in Mankato. ~ you can see from the brochure, the unit is very secure. Being solar powered allows it use virtually anywhere. It can also be used all year round. This particular unit was used at the Minneapolis/St. Paul airport this winter. Upon seeing all of the features and capabilities, I do not think there is any doubt the price is reasonable for what one gets. I realize, however, that it is still very expensive. If you or any councilmembers have any other questions, please contact me. Serving South Lake MinnetonlaJ Communities of Excelsior, Greenwood, Shorewood and TonlaJ Bay ). Mobile Traffic Zone, Inc. 46 W. Kentucky Avenue " Woodland, California 95695 Phone(916)~ '0 '\ TRAFFIC STATISTICS COMPUTER . INTRODUCTION The Traffic Statistics Computer (TSC) is designed to be integrated ",;ith the "Mobile Traffic Zone speed measuring system to accumulate counts or vehicles passing the trailer; and to store the count! in S MPH speed bands for each of the hours the unit is in opention. Upon commandt the unit will print a report or the vehicle statistics taken since the last time the statistics were cleared. The system consists or I RUGID computer connected to I radar speed aun for measuring vehicle speeds; and connected to I pneumatic tube for detecting the passage of vehicles. A dot matrix printer is used to print I report It the end of the measuring period. Po.....er is supplied by a solar panel/battery combination. THLORY Of OPERA TIOS ." The radar gun supplies a doppler clock proportional to vehicle speed gated by a constant length gate signal. A high speed counter within the RUGID computer counts the doppler clock during the interval the gate is high and sa,,'es the result as the vehicle speed. At the end or the gate signal, a strobe pulse confirms that the signal is valid. Counts not followed b)' the strobe pulse are discarded by the R UGID system. Whenever a vehicle depresses the pneumatic tube twice, it is counted and the last speed me2.Sured is used to establish into which speed band the vehicle's crossing event will be accumulated. f. JNSTALLATIO~ The R UGID unit should be secured in 3 shock resistent manner using 1he two mounting holes on the integral mounting flange. Wiring whould be connected to the sere..... terminals on the main field board as H1ustrated in the follo.....iog diagram. If the unit should require replacement in the future, the or7.nge scre..... terminal blocks can be removed 2nd re-moun\~d on the repla:ement unit without remo..ing the . 1 ,6 Individuu wires. ~e priater should be shock mouated usia, (oua Plddia, wilhia .c feet or the RUOID aait. Provisioa should be made to leeommod2te the pl~r pith. POWIR APPLICATION .' . The RUGID aait Is desiaDed to opente from Bomia'" 12 VDC. so ea.n _. opt.rat~. dire~tJy .(rom 'the blttery pick; . Aa Irlteraal Uthium battery will .mlla~JI~ the proaram, ",uhered dlti, and ru.JtIme elock/eateDdu for a "tout "!Jf" tporoximatety' two yein 'with ~wer removed from the aait. The . .~att~ry ~a".be repf2eed without roslD, the Prolrt..m. Upoa 12 VDC power appheatJoa.. th~ a.nitwilt. &tlla rudial the ndu IUD aDd deteetina vehicles crosslaa the pheum".tie tube:" The RUOID uait will coatrot power to the printe",. eaablinl ihe prhuer ror oaly 3 minutes to print ueh report aad thea poweriDI it 0((. CLIARING ST A TI5TIC5 Pressina the .CLEAR. button wjJJ uro an vehicle eoualS in prepuation (or lathering DeW vehicle st2tisties. This should be done . tlch time the trailer is moved or nch day is desired. PRIr-."TING 5T A TI5TIC5 Pressing the .PRINr button Vim cause the RUGID to power on the printer and wait (or ID indication that the printer Is rudy. After determining that the printer is rudy, the RUGJD unit will commence printing I report o( the vehicle counts in speed bands. Three minutes after pOVo'erina the printer OD It will be turned off to lave power. Twenty seconds afler pOVo'erina the printer on, if the printer is unavailable (disconn~cled, out of paper, off line, etc.). the RUGID unit will commence nashing the .PRINTER. FAULr relay to Ilert th~ operator to eorrect the printer problem. Correct pagination wjll be obtained by feeding the paper forward until "the page perforation is at the top of the print head. This should be done .....ith power off. SEITlr-;C THE ClOCJ\ .i Th~ inlernal e1ock/cal~ndar caD be reset to SAM by momeDluil)' ,rounding digital input 16 on the R UGID unit. Alternatively, I JtS232 terminal can be Ilt2ched to the DB9 connector that is part" of the prinler cable to set the date and time. The terminal should be set for 9600 baud, S bil Vo'ord, I stop bit Ind disabled parity. Pressing .key -I" on the terminal will invoke the time sening software. 2 ". *** TRAFFIC SUMMARY *** STA~T:TUE 02/05/92 13:41 END:TUE 02/05/92 13:41 HR Total cars 0 c) 1 0 ... (l L 3 0 4 0 5 c) 6 c) 7 0 e e 0 9 0 10 33 11 256 12 297 1..;;. 59 14 (l 15 (; 16 I) 17 (! 18 I) 19 (, 2(; I) 21 c) ....-:' (l -- ,.,~ ~) ....-. "" eTot:1 car'S= ~45 Min speed= 14 MPH Max soeed~ 54 MPH Avg speed= 35.: MPH 50th cercentile= 70S MPH 85th percentile= 40 MPH Ten mile pace= 31 to 41 MPH END OF f':EPOFT ':. *** T~:AFFXC SUMMARY Pg 6- *** STA~:T: TUE 02/05/92 13:41 END:TUE 02/05/92 13:41 HR 36 37 38 39 40 41 42 ----- ----- ----- ----- ----- ----- ----- t) I) I) (I 0 0 I) 0 1 (I I) c) 0 0 0 I) :2 l) I) 0 0 0 I) (I - 0 0 0 0 I) t) ,:, 0 :: 4 I) 0 I) (I 0 0 0 S 0 I) 0 (I 0 I) 0 6 0 I) 0 (J 0 0 0 7 c) 0 0 (I 0 0 0 8 I) I) l) (I 0 0 (J . 9 0 0 0 0 0 I) 0 10 .~. 1 4 ..,. .., 0 (I ..;.. .... 11 20 21 l..;;. 20 28 11 6 12 24 12 28 15 36 13 4 13 S 6 .;:, 5 2 -' 0 14 (I l) I) c) 0 I) (I 15 (I (I (J I) I) I) (I 16 (I I) (I r) l) (i (I 17 I) I) 0 (I (I l) (I 18 I) I) I) (i I) I) (, 19 (I I) (I (I I) c) I) 20 (I (I (I I) (I l) (: 21 (I I) I) (, (I (I (I 2::: 0 l) 0 l) (I (I 0 ~~ I) 0 (I I) (I I) (I "'-- ----- ----- ----- ----- ----- - ---- - ---- Car-s 52 4(1 48 4:- 68 27 10 . 7.ile 58 64 -"'" 78 89 93 95 l _ .; 18 19 - *** TRAFFIC SUMMARY *** START:TUE 02/05/92 13:11 END:TUE 02/05/92 13:17 HR I) 1 ~ ... - -' 4 5 6 7 8 9 10 11 12 13 14 15 20 21 22 23 HF: I) 1 2 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 2: 23 1-5 I) I) I) I) I) I) I) o <) I) I) I) (I o I) I) (l (l (I I) (I t) (I (I o ::6-41) I.' (~ (l o , " (i t) o I) I) L:. 102 115 21 o (I o I) o (I I) (I (I I) 6-10 I) I) <) I) f) I) o o o C) o o I) I) I) I) I) (I (I I) (, I) (I (I I) 41-45 (l I) I) I) '"1 (. (: o (I o I) 28 '28 7 (I o I) I) (l I) I) (I (I o 2S1 T.::': as. 1 c as.t":;= ,SolS 63 11-15 .:!.:...- e:.-. 16-20 I) I) I) I) I) I) I) I) l) I) I) o 1 I) o I) I) (I I) (l (! (l (; .:' 1 S ..55 (\ :..' (. (l ", ,', I) (l (, (l o .., .:.. (l I) (l (l o l) t) (l I) (, (. C" ~ 21-25 I) I) (l I) l) I) o I) I) o I) o 4 I) I) I) (l I) (l I) ,) (I .) (l 4 15 S6 - 6 (, ,', (. (I (: ) ::1 (, ,) (I (l 1 (l (I (I o I) I) I) (i (I (. I) (l 1 26-30 I) l) o I) l) o o o o o o 7 8 l) o (I (l (I I) (, (I (, (I I) I) o I) (I l) I) o o I) o 4 37 25 10 o o I) o (I (l (I I) (I (, 76 61-6:: .) (I (I (, ~:' !) (. (I I) t) (l (\ I) r) (l o I) (I (r (l (i l) (l (. !) 31-35 I) c) I) I) o c) o o I) o 16 79 113 21 (I I) I) I) I) I) r) r) r) t) 2~9 66- '7 (I .) I) I) (l (I (, (~ (l ':' i., (I (l (I l) l) I) I) I) (I t) I) I) I) l) (l (l r) t) (l t) I) I) (l I) (l I) I) I) r) I) (I (l I) I) l) (l I) I) c) TOTAL I) (l I) (l I) I) o C) I) I) 21) 123 151 31 (I (I (I (l I) (I (i (. (I (I TOTC,L ',' '.1 :) !) .', ! .~ ::' t_~ (I 13 1.33 r4,:, ..,c:. ....Ir.-. (, I) (l (l (l r) (l I' (. (r SMART System Speed Monitoring Awareness Radar nailer '1 didn't realize I was going that fast" Where there is a speed limit, there are motorists not paying attention. Day- dreaming drivers are a danger in high-risk accident locations. School zones, con- struction sites and hospital grounds could use some help in promoting voluntary compliance. Thafs why Kustom Signals offers the SMART system: the gentle reminder for motorists to slow down. Around-the-Clock Duty SMART, which stands for Speed Monitoring Awareness Radar Trailer, is just that: a portable, self-contained speed display unit. Designed to promote speed awareness, SMART is towed to a site that has experienced frequent speed-related problems. After quick and easy set-up-Iess than 10 minutes, SMART is left on the roadside where it quietly performs its job: display the speeds of oncoming vehicles. Mounted inside the locked, 16 gauge steel trailer is a Kustom radar unit clocking speeds. Motorists see their speeds on the 12-inch tall giant digital display from up to 100 yards away. The speed limit sign mounted above the display reminds them to pay attention and ease up on the gas pedal. Public Acceptance Officers have returned to the trailer to find notes taped to it reading: "Please bring this to my neighborhood." Citizens are concerned that speed-related accidents will hit too close to home. SMART brings results. Speed awareness goes up and motorists slow down. Collision rates go down. Citizens feel safer. After all, speed limit compliance is about safety. Built-in Versatility SMART can be used for public relations and to issue warn- ings and citations. For public relations, agencies can work with the media to advertise SMART's location. Interested motorists can drive by for a cost-free speedometer check. A positive attitude towards the posted speed limit is created. For those who ignore SMART's warning, citations can be issued to get the point across. Speed enforcement can take place from a patrol vehicle down the street, or curbside from the radar trailer. SMART comes equipped with Kustom Signals radar: either a Falcon handheld or a KR-1OSP two- piece with remote control. Both are suitable for unattended public awareness campaigns. For enforcement purposes, Kustom recommends the KR-lOSP because the readout is mounted just inside the access door, easily seen for safe speed monitoring. Positioned on the curb side of the trailer an officer can monitor and lock speeds, then wave violators over for their citation. For conducting traffic surveys while promoting speed aware- ness, hook up the optional Traffic Statistics Computer. SMART can record the results of its workday, pro~ valuable information that can be downloaded to a pe~ computer for further use. A Smart Investment However SMART is used, studies show that the average speed tends to remain lower for a period after SMART moves to another location. In short, SMART provides a greater impact on a greater number of motorists, promoting aware- ness and good will. Put a SMART system on the payroll. Motorists' comments might start sounding more like this: "Thank you." Speed Enforcement from the name you trust: Kustom Signals. . . System Features SOLAR CELLS continuously recharge the maintenance-free batteries. An interi1al controller regulates the amount of current delivered to the batteries, and prevents overcharging. A fully-charged set of batteries powers the system for 72 hours of continuous operation. A battery charger allows for reCharging the batteries from a standard 110 VAC source. FOLDING RACK supports the solarJ'anel and provides for mounting a standar speed limit sign, which is secured with a smgle lockable fastener. QUICK-RELEASE FASTENERS secure movable parts into place for quick set-up and take:.down. TRAILER CONSTRUCTION is a welded square tubular frame and 16 ~auge steel outer panels. All metalwork 15 fiiUshed with a durable, graffiti-resistant powder coat paint. The closed trailer is well-sealed and weatherproof. INTERIOR provides storage for signs, equil?ment, and accessories. SECURITY is proVIded by a locking access door on both sides of the trailer ana optional alarm. DIGITAL READOUT displays vehicle speeds on 12" high, reflective digits, readable from a distance of 100 yards. During periods of low light, the speed readout is automatically illuminated by fluorescent lighting. SAFETY GLASS of the type used for windshields protects the radar and display. TOWING LIGHTS include rear brake, turn signals, and license plate. A standard connector for vehicle hookup is included. TORSION-SPRING SUSPENSION system provides for easy towing and minimizes the effects of road shock. LEVELING JACKS are provided on the front and rear, ensuring a firm standing on uneven terrain. TRAILER HITCH is removable for safe storage inside the trailer, and prevents an unattended trailer from being towed away. (Trailer shown with optional striping and chrome wheels.) SMART - System. Specifications SMART Unit Radar Unit Construction: Welded square, tubular frame and 16 gauge Style: Falcon handheld, stationary; steel outer panels. All metalwork is finished or KR-l0SP two-piece, with a durable, graffiti-resistant powder coat moving/ stationary with paint remote control. Measurement Available in miles or Battery Power Supply: Internal bank of three, heavy-duty mainte- kilometers per hour. nance-free batteries with a total capacity of 300 Type: True Doppler Radar. 110 V AC Olaxger. amp-hours. Operating Frequency: 24.15 GHz (K-Band) :Hoo 10.0 amp output MHz. Solar Panel Output . 3.0 amp. Operating Temperature Display Size: Two-digit display, 12" high. Range: _220P to +1400P (-300C to Display Lighting: Fluorescent lighting automatically turns on +600C); 90% relative and off depending on ambient light humidity at +990P (+37OC" Towing: Requires Oass I hitch with 2" ball. non-condensing. Tongue Weight 125lbs. Electronic Components: 100% Solid State, integrat Physical: Length: 8' circuits and transistors. Power Requirements: 10.8 to 16.5 VOC, negative Width: 6' ground. 13.6 VOC nominal; Height 10'2" with panel up. 1.0A maximum. Weight 6'5" with panel down. Reverse Polarity 1050 lbs. Protection: No damage will result, due to Options reversal of power supply. Crystal Error Protection: No speed is displayed or locked should either crystal Axle Lock: Prevents rolling when trailer is parked on fail or drift off frequency. an incline. RFI Protection: No speed displayed or locked Tamper Alann: Movement-sensitive, sounds a loud, when radio frequency inter- piercing siren for several minutes before ference is present resetting. Initially activated via wireless Range Control: Allows operator to select range remote control with audible confirmation for target acquisition. of alarm status. Accuracy: Stationary: :tl mph. Taxget Speed Range: 35 to 90 mph (56 to 145 kIn/h) Traffic Statistics within 10 dB sensitivity ~ Computer. PC compatible computer provides hourly typo readings from 15 to 1 tally of traffic counts and speeds, and an mph (24 to 320 kIn/h). analysis by percentile speed categories in Microwave Source: Gunn-Effect Diode. 5-mph or 1-mph groups, for speed surveys. Power Output 15 mW typ., 50 mW max. Includes dedicated computer, proprietary Power Density: .39 mW / cm2 typ., 1.30 mW / software, printer, and pneumatic tube to lay cm2 max. (measured at face of antenna). Speed Sign Rack: across the roadway. Beam Width: 60 from main axis to half Stores up to six 24" x 30" speed limit signs. power point in any axis. Custom Shiping: Consists of accent striping with either Side Lobes: 25 dB below main beam. POLICE or SHERIFF nomenclature, and a Receiver: Low noise Schottky Barrier Chrome Wheels: decal of the agency insignia. Diode (100 mW rating). Replaces white powder coat painted wheels. Antenna Gain: 23 dBi approximately. In keeping with Kustom Signals ~liZ of continued refinement %its products, these specifications are subject to cha::; witlwut notice. SMART IS a P TC product distributed by ustom Sigruzls. Kustom Sigruzls' warran~cl parts and labor, and warrants all components-without exception-against defects in materials and war: nship. SMART is warranted for one year, the radar is warranted for two years. Service tan be performed by the Kustom SifJ:els manufacturi1JJ.cility. lease/Purchase available. For nwre information, a quote, or to place an order, call tol -free: k((((((( 1-800-4KUS M (458-7866). Patent Pending. KUSTOM SIGNALS, INC. 9325 PfIumm . Lenexa, KS66215-3347 .913/492-1400. FAX913/492-1703 Printed in U.s.A. 7/92 " CK NO CHECK APPROVAL LISTING FOR SEPTEMBER 13, 1993 COUNCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE AUGUST 17, 1993 12140 12141 12142 12143 12144 12145 12146 12147 12148 12149 12150 12151 .152 153 12154 12155 12156 12157 12158 12159 12160 12161 12162 12163 12164 12165 12166 12167 12168 .169 ~170 12171 12172 12173 12174 12175 12176 12177 12178 12179 12180 12181 12182 12183 12184 12185 12186 12187 (G) (G) (G) (G) (G) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) Wendy Davis Pera James Hurm Steve Bruce Bradley Nielsen Mn Department of Revenue Void First State Bank Commiss of Revenue ICMA Retirement Trust City cty Credit Union Child Suppt Enforcemt Anoka cty Suppt/Collectn Mn Department of Revenue Alpine Heating American Planning Assn Wendy Davis Fina Fleet Fueling Interntl Conf-Bldg Offcl Midwest Asphalt Corp. Minnegasco City of Minnetonka Bradley Nielsen Northern States Power Joseph Pazandak Pepsi-Cola Company US West Communications W Henn Recycle Commiss Bellboy Corporation Boyd Houser Candy/Tobac. Midwest Coca-cola Bottlg Day Distributing Electric Repair/Const. Griggs, Cooper and Co. Hoops Trucking Johnson Bros Liquor Mn Bar Supply Northwest Typewriter Ex. Ed Phillips and Sons Quality Wine/Spirits st Boni Refrigeration Thorpe Distributing The victoria Gazatte Void Alan Rolek Wendy Davis Void Pera CONTINUED NEXT PAGE Mileage/sec 125 reimb Payroll deductions Sec 125 reimbursement Partial release of escrow Mileage Sales tax payable Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions 2nd qtr water connection fee Bldg permit overpay refund 1993-1994 membership dues Sec 125 reimbursement Gasoline purchases 1993-1994 membership dues Street blacktopping supplies utilities 2nd qtr water Sec 125 reimbursement utilities Mileage Pop machine rental Telephone svcs Hazardous waste days contrib Liquor purchases Misc purchases Misc purchases Beer and misc purchases Batteries Liquor,wine,misc purchases Liquor and wine purchases Liquor,wine,misc purchases Misc and supplies purchases Supplies Liquor,wine,misc supplies Liquor and wine purchases Cooler repair Beer and misc purchases Advertising Office/building supplies Mileage Payroll deductions -1- 42.03 2,058.32 347.30 7,500.00 191. 52 16,525.85 6,100.82 1,027.26 641. 57 320.00 92.50 126.50 1,039.00 46.74 141. 00 140.00 349.51 75.00 1,886.47 380.03 845.33 140.00 2,575.01 91. 00 10.65 661. 68 25.00 3,514.34 805.44 215.38 1,740.25 100.96 7,900.43 136.50 1,990.44 170.90 6.50 4,620.57 3,025.40 497.67 4,668.90 40.00 138.14 47.04 2,064.23 CK NO .. CHECK APPROVAL LISTING FOR SEPTEMBER 13, 1993 COUNCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE AUGUST 17, 1993Ccontinued) 12188 12189 12190 12191 12192 12193 12194 12195 12196 12197 12198 12199 12200 12201 12202 12203 12204 12205 12206 12207 12208 12209 12210 12211 12212 12213 12214 12215 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) Medcenters Health Plan Medica Choice Group Health Inc. League of Mn cities Mn Mutual Life Commerical Life Ins. Co. AFSCME Council 14 Airsignal, Inc. City of Excelsior James Hurm Midwest Asphalt Corp. Cellular Telephone Co. Northern States Power Pera US West Communications Mr/Mrs Alan pascoal Bellboy corporation Griggs, Cooper and Co. Johnson Brothers Liquor Mn Bar Supply Harry Niemela Ed Phillips and Sons Quality Wine/Spirits Ryan Properties Wendy Davis Joseph Pazandak James Hurm Bradley Nielsen Sept health insurance Sept health insurance Sept health insurance Sept dental insurance Sept disability insurance Sept life insurance Sept delta dental Beeper services 2nd qtr water Mileage Street blacktopping supplies Cellular phone air time utilities Emp'ee addtl life Telephone svc/advertising Recycling award Liquor purchases Liquor,wine,misc purchases Liquor and wine purchases Misc and supplies purchases Sept rent for store I Liquor and wine purchases Liquor,wine,beer purchases Sept rent for store II Sec 125 reimbursement Mileage Meeting expense Sec 125 reimbursement 1,021.40 4,626.92 1,192.44 454.59 85.50 50.15 224.00 9.58 2,320.56 40.04 8,341.51 35.75 2,609.08 42.0. 195.0 125.00 1,067.11 2,794.95 4,941.19 125.30 1,664.00 2,423.18 953.06 2,400.00 140.00 98.36 19.65 140."00 TOTAL GENERAL 50,875.2. TOTAL LIQUOR 62,328.32 TOTAL CHECKS ISSUED 113,203.59 -2- C fTV CIl.: Sf"IIJF~F=:I/.JnOD CHECK :0tPPPO.../{)ll lTSTIi'.!G SEPTF=:MRF=:R 13, ]993 MTD CHFCKJ:t "./i::l".lDOE' NAt''!:::: DFSCRTPT TOr,! DEPT _ (.4t10UNT 17717 AMERICAN NATIONAL RANK RClt..J,() r=F.:F'~; BOND F:rES F~(}r.J,r) F F~ E ~:) FOR At1Ef.< T C{.4t."J, -------- J.81_96 -------- 179_35 WATER DE 135_00 NATIONAl, SA 496_31 *** TOTAL 1:.?218 R ,~ J AUTOMOTIVE TTRE REPAIR 127 19 R(~L Dv.J TN SUPPl Y Cm1P{~t'"J,Y PUR W}{S :;:;5 _ 00 BL,DR RR WEI"L, MOTOR PARTS WATER DE 470.08 ?lJ~~)...~?l 1??20 RIFFS, INC. SATELL,ITE RENTAL PARKS & 3,,005 _ 89 1 2?'?1. F~RY(~N FWCK PRODUCTS" INC _ FFi'FF:t1M,J, PK TRAIL SUPPL Y PARKS & 1222? CHAt'iP ION AUTO STORE tf?544 Rr-.1ASS F I TT I NGS e12?23 CH{.4Nr-h(~SSFN l.AI/JN (~NO spmn CHAIN SAI/.J CHAIt-,j COVERS 1. ?2?4 CONcr7FTF PFi'FS~'3UFi'F L T F I NG CURB LIFT I ND-t',lFi' 11T '1 r". r-.,." c: . . .l .l .,~: ~_) COP I EF< SFr.~V T CES COPIER Al,TFRNATIVES 1.2226 CROSSTOWN-DCS, INC_ COFFT:E SUPPL I ES 12227 EDEN PRAIRIE FORD \/FHICLF t'1~'4INT Pl~RTS PUB ltJKS 4_0S CITY G{.4R ?1..0:J) 7?0_00 Pt.Hi 68_00 1/.Jf{S MUt.J, m.OD 7:" .. 80 PUB IpJKS 1.02_51 1.2228 EST COMMl.JNTCA-rrONS TEL, EPHONE MA I I',J.T CONTFi~ACT MUN RL DG 147.00 12229 GME CONSULTANTS, INC_ SERVICES RENDERED 12230 HART FORMS & SYSTEMS PAYROl.l. CHECKS e12231 HENNEPTr'~ COUNTY n<Fl~SUREr", aULY PRISm,jE'r", EXPENSE 1. ~~23:.? HOISINGTON GROUP TNC. PAf-<K PL ANN I NG ~:WCS PARK PLANNING SVCS PAPK. pt. ANt.~ T t'J.G SVCS FOR HOISINGTON GROUP *** TOT {~L 12233 HOPKINS PARTS COMPANY VEHICl,E MAINT SUPPLIES VEHICl.E MAINT SUPPLIES VEHICLE MAINT SUPPLIES FOR HOPKINS PARTS COMPAN ***H,)T (~L 12?34 JE PARRANTO ASSOC. INC. CHURCH RD PF<,EL I t'i STUDY 122:Z;.!::. KNUTSON SFF?l,lTCFS. TNC. Al..JGUST REC;YCL I NG 12?:(,\(;, L AE'K IN. HOFFt1AN, DAL Y _ _ _ JUL 'y' L n; 1,'4 L -DE VEL OPt1HH At. aUL Y L FGriL -ON GOI NG ..IUL Y LEGf;~L -GENERAL ,JUL V L FGAL -CHUFi'CH RD .JUt. V LFG(.~L -t11/.ICC *** TOTAL. FOR lARKIN, HOFFMAN. OAt. 12237 l,FAGUE OF MN CITIES 1.99?;...1994 DUES 1,430.00 F T NAhlCE 2f...4 . 1.? POLICE P :506.96 f..,96 . 79 PARKS & 2'1:<:'. '2~) TNC -------- 3,560.50 4.469. E)8 CITY GAR 4.95 PUR WKS 128_56 CITY GAR 106.34 '239 _ ~35 1,200_00 Fi'FCYCL T r'J, 3,893_40 -------- 1.08_00 -------- 72_00 PROF SFR 1,637.00 PROJECTS 216_87 SEWER DE 360.00 ? . 39:";.87 COUNC: T L 3 ,t:;.01 _ 00 ., CITY OF SHORE WOOD CHEC:}{ ()PPF:OVAL. L.ISTING SEPTEMBER 13, 1993 MTG CHFCKI VENDOR NAME DESCF~ T PT T Ot",l DFF:!T. 1~~'jOU~'.lT 1. 2238 Cm'H1TS~:;T m'lEP OETf.~~Al'"spmn m.::--LA~1P 1 HG SV'CS TF~(~F: CON 4.3::'; 12239 IVir.), Sl.lN PUBL ICf'dTONS PUBLISHING 76.3') 12240 ~1w.nTr'::CH> INC,. PAINT M'iFS[-31.mY PUMPHOUSE II.IATER DE 1.,050.00 12241 h!CmTI-.ii::m'.1 SHOP TOOL.S/SUPPLIES SHOP TOOL.S/SUPPLIES *** TOTAl" FOR NORTHERN CITY GAR 125_65 CITY GAP 202.27 37'" _ 92 1'2242 0 I L "'?4 I R PF:ODUCTS;. I Ne _ VEHICL.E ~'iAHH SUPPL IES PUR I/JKS 17_79 1224:':' PEr=:R Er',J,V IRClNt'iEt'H AL {~JND DIESEL, FUEl.. TANK REMOVAL CITY GAR 8:;:':-) .. B4 12244 POMMER COMPANY. INC. PARK COMMISS PLAQUE PI.":)RKS & 4.0 12245 TWIN CITY TESTING CORP. SOIl, RORINGS-SR CENTER Pf~OF ~)Ef-< 900.00 12246 SEARS COMMEPCIAL, CREDIT M T SC HI;~ND TOOL S C T TV Gt-)F~ 118.14 12247 SHORT EL.l, TOT HENDRICKSON PROFESSIONAL SVCS RENDRD PROF SER '2, 1 :38.. 8() 12248 TH1E SI.":)\iER OFF SITE SEC r1TNUTES GFN GO.....T 354..75 MINUTES PLANNING ;-)22.50 *** TOTAl., FOR TIME SAVER OFF SITE 677.25 12249 VIKING SAFETY PRODUCTS SAFETY SUPPLIeS CITY GAR 137.27 12250 WIDMER. INC. WATERMAIN REPAIR I,..IATEF~ OF 1.241.00 12251 WITT FINANCIAl,. INVESTMENT SERVICES FINAt'.!CE 61.) *** TOTAL CHECKS FOR APPROVAL 3:1..1.96_.52 *** TOTAL CHECK APROVAL LIST 144,400.11 -4- CHECK APPROVAL LISTING FOR SEPTEMBER 13, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR AUGUST 24, 1993 PAYROLL 207614 Void 207615 (G) Chad Akins 63.0 reg hours 302.54 207616 (L) Scott Barlett 36.5 reg hours 203.10 207617 (G) Charles Davis 80.0 reg hours 606.95 207618 (G) Wendy Davis 80.0 reg hours 718.94 207619 (L) Cory Frederick 22.5 reg hours 115.50 207620 (L) John Fruth 8.0 reg hours 47.22 207621 (G) Jason Hansmann 72.0 reg hours 318.98 207622 (G) Patricia Helgesen 80.0 reg hours 632.13 207623 (G) James Hurm 80.0 reg hours 1,540.54 207624 (L) Brian Jakel 17.0 reg hours 95.87 207625 (G) Dennis Johnson 80.0 reg hours 797.64 207626 (L) Loren Jones 15.5 reg hours 84.65 .7627 (L) Martin Jones 17.5 reg hours ~3.44 7628 (L) William Josephson 80.0 reg hours 630.22 207629 (L) Mark Karsten 15.5 reg hours 87.41 207630 (L) Sandra Klomps 18.0 reg hours 96.42 207631 (L) Jason Krause 7.5 reg hours 40.17 207632 (L) Susan Latterner 31. 25 reg hours 173.29 207633 (G) Colleen Lindskoog 18.5 reg hours 97.81 207634 (G) Joseph Lugowski 80.0 reg hours 776.69 207635 (L) Russell Marron 29.5 reg hours 166.00 207636 (L) Joel Michaelson 9.25 reg hours 46.94 207637 (L) Jill Moore 16.0 reg hours 83.13 207638 (G) Theresa Naab 80.0 reg hours 665.78 207639 (G) Lawrence Niccum 80.0 reg hours-2 ot 900.76 207640 (G) Susan Niccum 80.0 reg hours 701.31 207641 (G) Bradley Nielsen 80.0 reg hours 952.60 207642 (G) Joseph Pazandak 80.0 reg hours 1,032.80 .7643 (L) David Peterson 7.25 reg hours 40.85 7644 (G) Daniel Randall 80.0 reg hours-.5 ot 815.35 207645 (L) Brian Roerick 7.25 reg hours 42.85 207646 (G) Alan Rolek 80.0 reg hours 1,224.39 207647 (L) Brian Rosenberger 38.5 reg hours 194.01 207648 (L) Christopher Schmid 80.0 reg hours 414.38 207649 (G) Howard Stark 80.0 reg hours 688.23 207650 (G) Beverly Von Feldt 80.0 reg hours 579.76 207651 (G) Ralph Wehle 80.0 reg hours 656.50 207652 (L) Dean Young 80.0 reg hours 639.86 207653 (G) Donald Zdrazil 80.0 reg hours 1.189.45 TOTAL GENERAL 15,199.15 TOTAL LIQUOR 3,285.31 TOTAL PAYROLL 18,484.46 -5- .. < "" ,.. CHECK APPROVAL LISTING FOR SEPTEMBER 13, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS CHECK REGISTER FOR SEPTEMBER 1, 1993 PAYROLL 207654 Void 207655 (G) Bruce Benson Council 207656 (G) Barbara Brancel Mayor 207657 (G) Robert Daugherty Council 207658 (G) Daniel Lewis Council 207659 (G) Kristi Stover Council AMOUNT 184.70 233.87 184.70 184.70 184.70 TOTAL PAYROLL 972.67 . . . -6- CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 17, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER DRAFT Vice Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger (entered the meeting at 7:15 p.m.); Commissioners Bean, Borkon, Malam and Pisula; Planning Director Nielsen and Council Liaison Lewis. Absent: Commissioners Bonach and Hansen. APPROVAL OF MINUTES Minutes of the August 3 meeting were deferred to the September 7 meeting for approval. Hansen moved, Pisula seconded to approve the minutes of the Commission's July 28, 1993 meeting. Motion passed 4/0. 1. PUBLIC HEARING - REZONING R-1A TO P.U.D. MEADOW WOOD COMMUNITY - CONTINUED FROM AUGUST 3 POSTPONED TO SEPTEMBER 7. 1993 2. GIDEON'S WOODS P.U.D. - DEVELOPMENT STAGE APPROVAL Applicant: Location: Katter Development Corporation 24590 Glen Road Borkon announced the case of Katter Development Corporation's request for approval of Revised Development Stage Plans for Gideon's Woods P.U.D., 24590 Glen Road. Nielsen stated the Corporation has requested development stage approval of its P.U.D. and a number of items were required as part of the concept stage approval including investigation of the site from an archeological and historical perspective. The archeological and Indian mound investigations have been completed. He referred to the Cultural Resource Reconnaissance Survey and Cemetery Assessment prepared by Grant Goltz and Katter's June 22 correspondence to the Indian Affairs Council requesting a variance regarding the burial mound, which has been accepted and signed by the Council. In addition, Nielsen referred to July 7 correspondence from the Minnesota 1 PLANNING COMMISSION MINUTES August 17, 1993 - PAGE 2 Historical Society in which they acknowledge review of the Indian mound study. However, it is unclear what the Society means by its statement that this does not address the requirements of the National Historic Preservation Act and that if the project is considered for Federal assistance, it should be submitted to the Historical Society's office. Tom Katter stated that Section 10e"Of~9fS6 f,)fllservation Act requires a Federal permit or license if Federal funds are us~Cfl9ar (\)trpcefjures of the Advisory Council on Historic Preservation. He stated the project does not involve Federal funds, therefore does not require a Federal license, andthose procedures and requirements do not apply to this project. Nielsen has been unable to determine whether the City will receive formal documentation with respectto the apparent approval of the Katter variance request regarding protection of the Indian mound. Tom Katter clarified that artificial barriers such as a fence are not allowed, but protection must be provided by a. natural hedge and no trees or bushes may be cut or removed within 50' surrounding the mound. The variance granted allows development within 25' of the mound and the Corporation has agreed to several conditions regarding protection under this variance. Nielsen reviewed the staff report which raises the following issues: 1) the lot with the relocated Gideon house should be identified as Lot 17; 2) the relocated house could maintain a 35' setback typical with the character of the lots on Glen Road and the garage should be setback 40' from the north line of the lot; 3) consider a design for the new garage to reflect the character of the Gideon house; 4) the landscape plan shows significant vegetation will be preserved, however it conflicts with the proposed grading plan which extends grading limits all the way to the County Road 19 right-of-way and shows relocation of the pond to the southerly edge of the site; the landscape plan should be revised to show not only existing vegetation to be saved and a description of the method used for preservation, but also show replacement trees in the area disturbed by construction; 5) the landscape plan should enhance the buffer on the west side 6) landscaping at the entry of the relocated house should reflect the work of Peter Gideon such as plantings of apple trees; and 7) the City Engineer's review of the revised grading and drainage plan describes concerns relating to the adequacy of the information provided primarily regarding site runoff with regard to the relocation of the pond and its drainage and the run-off rate must be maintained to pre-development conditions; comments should be received from the City of Tonka Bay regarding its water service to the development; and the grading/utility plan must be signed by a registered professional engineer. Based on the issues raised in the staff report and by the City Engineer, Nielsen stated staff is not ready to recommend approval of the development stage plans. He suggested the request be tabled until the Engineer's concerns have been reviewed to his satisfaction and until the staff issues raised, specifically the landscaping plan, are addressed and revised. Mr. Fred Katter, representing Katter Development Corporation, responded to the issues raised in the staff report and Engineer's letter. He stated the runoff calculations were 2 PLANNING COMMISSION MINUTES August 17, 1993 - PAGE 3 provided in the concept stage and no changes have occurred in those calculations. Nielsen clarified that the issue is how the size of the pond relates to the runoff calculations. Katter stated the pond will be sized so it functions and the calculations could be determined without delaying approval of the developmental stage. The City's requirement of no greater runoff after development than before development will be maintained. Katter stated their continuing intent is to improve the area's infrastructure. Nielsen stated the development stage plans must include the details of the size of the pond and the required calculations. Rosenberger commended the developer for the work already performed, however, he preferred review and approval of the plans by the City Engineer prior to a decision on the development stage. Katter stated those details are customarily worked out at the staff level. Rosenberger moved, Malam seconded to table action on Katter Development Corporation's request for approval of revised development stage plans, Gideon's Woods P.U.D., 24590 Glen Road, until September 7, 1993, in order that complete information may be provided and considered regarding the issues raised in Nielsen's August 12, 1993 memorandum and Dresel's August 17, 1993 letter. The Commissioners agreed to hear the remainder of Mr. Katter's remarks before voting on the motion. Nielsen stated identification of Lot 17 with the relocated Gideon house could be changed with the final plat. With regard to the setbacks of the house and garage, Katter stated the structures will be moved to amplify the surrounding plantings and the garage placement and roof will be redesigned. Katter described the tree preservation method and stated the developer will work with the staff and the landscape engineer to preserve the maximum number of trees. He indicated the erosion control fence will be relocated to prevent drainage and described the trees to be planted on the site. The University's Department of Forestry will be consulted and apple trees will be planted in the area of the relocated Gideon house. Katter reiterated the details of the variance granted by the Indian Affairs Council under conditions agreed to by the Corporation. As part of the Association's covenants and restrictions, protection of the Indian mound will be recorded with the land. Katter st.ated the relocated pond has a greater water holding capaCity as it is larger in size. The size of the pond at the previous location was limited due to the number of trees in the area. Katter requested the Commission's approval subject to Katter Corporation's consultation with and approval from the City Engineer's office prior to the Council meeting in order that the Corporation may continue work on the project in the interest of the home buyers wishing to occupy the development. Katter stated permission was received from the City of Tonka Bay last October to provide water service to the development and minutes of the meeting in which approval was granted will be provided. 3 PLANNING COMMISSION MINUTES August 17, 1993 - PAGE 4 Borkon expressed concern about an apparent misunderstanding regarding the completion of a number of items in this P.U.D. request. Nielsen stated two major issues: the landscaping plan was only received last week not allowing sufficient time for consultation with the developer, and with respect to the drainage information, the City Engineer responded in a timely manner, however, the developer did not include the necessary information associated with the revised pond location. Bean inquired whether detailed information regarding the trees to be preserved is adequate. Nielsen stated the landscape plan should identify those trees. Katter verified the trees shown on the plan will be saved. Bean requested that formal documentation from the City of Tonka Bay regarding the water service to the development be provided to Shorewood and independent confirmation to the City from the Minnesota Historical Society should be obtained. Pisula requested clarification regarding the replacement of removed trees. Katter agreed that trees removed will be replaced with an equal number of caliper inches and the replacement trees will not be less than 6" in diameter. Borkon requested clarification regarding the design of the garage. Nielsen indicated those details may be included in the final plans. Motion passed 5/0. 3. HOUSE MOVING PERMIT Applicant: Location: Stubb's Building Movers Timber Lane Rosenberger announced the case of review of a house moving permit for Boyer Construction to move a house at 5580 Timber Lane. Nielsen stated this request is before the Commission because the City's Code does not distinguish between those moved into or out of the city. This building is being moved to a location in New Germany, therefore Code requirements are under jurisdiction of that City. Shorewood's concern is primarily the Timber Lane portion of the route upon which the building will be moved. The County and the Department of Transportation will act on the County Road 19 and Highway 7 portion of the route. Nielsen recommended approval of the moving permit subject to necessary approvals by the City Engineer and the police department. Barkan moved, Malam seconded to recommend to the Council that it approve a house moving permit for Boyer Building Corporation subject to the City Engineer's approval of the route and the police department's approval of the date and time of the move. Motion passed 5/0. 4 - , PLANNING COMMISSION MINUTES August 17, 1993 - PAGE 5 4. STUDY SESSION: COMP PLAN - COMMUNITY FACILITIES Nielsen distributed the Chapter Outline of the Community Facilities/Services Plan of the Comprehensive Plan. He reviewed the issues related to each section: Sanitary Sewer; Water System; Storm Sewer; Parks and Recreation; Public Safety; Solid Waste; Natural Gas, Electrical, and Cable Television Services; Municipal Buildings; and Schools. Nielsen distributed and reviewed options for Solid Waste-Refuse Handling. Rosenberger provided current cost information and suggested that option 3. be considered and studied further for possible implementation in Shorewood. The Commissioners discussed the current program and considered the options presented for refuse handling. Information on other communities service programs will be provided for review at a future meeting. 4. MATTERS FROM THE FLOOR Malam reported that property owned by the Minnewashta School is for sale and asked whether the proposed location of the water tower is on that parcel. Nielsen clarified the water tower location is on property remaining with the school and work is in progress to formalize that transaction with the school district. Rosenberger requested that the Commission be kept apprised on this matter. It was noted that Commissioner Bonach will continue to serve on the Commission until the end of 1993. Malam commented on concerns regarding traffic safety in the Near Mountain neighborhood. Rosenberger requested distribution of an updated calendar of study session topics and meeting dates. 5. REPORTS Councilmember Lewis reviewed actions taken by the Council at its August 9. 1993 meeting and answered questions from the Commissioners regarding several of the agenda items. 6. ADJOURNMENT Barkan moved, Pisula seconded to adjourn the meeting at 9:10 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 5