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090991 CC Reg AgP i CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. AGENDA 1. CONVENE REGULAR CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Brancel Gagne stover Daugherty Lewis C. Review Agenda 2. APPROVAL OF MINUTES A. City Council Meeting - August 26, 1991 (Att.NO.2A-Minutes) 3. CONSENT AGENDA A. Motion Approving a Request for Temporary "No Parking" Restrictions Applicant: Lundgren Bros. Construction Location: Near Mountain P.U.D. (Att.No.3A-Administrator's Memo) / B. Motion Approving the Lake Minnetonka Cable Communication commission 1992 Budget proposal (Att.No.3B-Budget proposal) C. Resolution Setting Public Hearing on Proposed Assessments for Water Treatment Plant for the Southeast Area (Att.No.3C-Resolution) D. Resolution Granting a Setback Variance to Robert and Roberta Dircks - 5351 Shady Hills Circle (Att.No.3D-Resolution) E. Resolution Granting a Conditional Use Permit for Additional Accessory Space to Ivan Kruger - 5135 st. Albans Bay Road (Att.No.3E-Resolution) F. Resolution Accepting Freeman Park Improvements project No. 90PK-1 (Att.No.3F-Resolution and Park Planner's Memo) EXECUTIVE SUMMARY iJ-- SHOREWOOD CITY COUNCIL AGENDA MONDAY, SEPTEMBER 9, 1991 AGENDA ITEM 3A Lundgren Bros. Construction is requesting temporary "No Parking" restrictions on streets near Sweetwater Court in relation to the Parade of Homes. The recommendation of the Police Chief is described in the motion included in a memorandum in the packet. . AGENDA ITEM 3B - The Lake Minnetonka Cable Communication commission 1992 Operating Budget is enclosed for city Council approval. In effect the Cable Commission activities are funded through each municipality's cable franchise fees. A letter of explanation from Jennifer Watts and the proposed budget are enclosed. AGENDA ITEM 3C - A resolution is necessary setting final special assessments in relation to the Water Treatment Plant. Resolution sets October 14th, at 7:15 pm as the hearing date and time. AGENDA ITEM 3D - This resolution was directed to be drafted at the last Council meeting. It approves a request for a 20' rear yard setback variance for the purpose of constructing a deck at 5351 Shady Hills Circle. . AGENDA ITEM 3E - This resolution was directed to be prepared at the last Council meeting. It approves a conditional use permit for additional accessory space to Ivan Kruger at 5135 st. Albans Bay Road. w' AGENDA ITEM 3F - A resolution is necessary to accept Freeman Park Improvement Project which is irrigation on Field #3 as donated by the Tonka Men's Club. The final payment has been approved by the Park Planner and is approved by this resolution in the amount of $1893.85. AGENDA ITEM 4 - A public hearing has been set for 7: 30 pm for delinquent charges. Those charges are attached to the proposed resolution. Please note that there are a number of delinquencies at $2.85, this is the amount of the spring Clean-up charge. If anyone appears to complain about this charge it should be noted that the Council, by ordinance, authorized up to $10.00 to be placed on the utility bill. The amount originally budgeted in the General Fund Budget for this purpose was not used because of the cut in state Aids after this years budget was passed. It can be stated that $2.85 is a small price for everyone to pay for a Spring City beautification project. The second resolution under this item approves the special assessments for hooking up to the municipal water system for Dennis Huber, 5705 Howards Point Road, the Council had previously indicated that the $4,000 hook up charge could be assessed over a period of 10 years at 8% interest. EXECUTIVE SUMMARY - SEPTEMBER 9, 1991 CITY COUNCIL AGENDA AGENDA ITEM 5 - In early July the Planning commission rejected a 14 unit PUD proposal of Boyer Building Corporation for Gideon's Cove. The Commission is now recommending approval of a 12 unit PUD. Details are in the packet. AGENDA ITEM 6 - A resolution will come under separate cover which approves a preliminary plat for Neitge Addition with 5 conditions which are listed on the Planning Director's memo of August 29th. AGENDA ITEM 7 - A proposed zoning ordinance amendment is enclosed along with a copy of the original Senior Housing Needs Study. The Planning Director will review the proposed changes with you at the Council meeting. AGENDA ITEM 8 - The Engineer will report on his findings during his discussions with pine Bend residents regarding the additional costs resulting from the bids received on a watermain project. A resolution accepting the bids and awarding the contract is included for your consideration after this discussion. . AGENDA ITEM 9 - A memorandum from springsted and a copy of the proposed resolution providing for the issuance of $950,000 G.O. bonds is enclosed. The bonding is required to pay for the Water Treatment Plant, the Church Road project and the pine Bend Watermain project. Please read Springsted's memorandum carefully. AGENDA ITEM 10 - Knutson Services is offering to many Minnetonka area Cities the service of recycling catalogs, magazines and glossy . paper. They ask that the contract be extended for one year through 1993. Because there is a cancellation with notice clause in the contract there would be no problem in such an extension. AGENDA ITEM 130-1- I hope to have a report prepared for the meeting on some options which would be available for a yardwaste collection this fall. A strategy needs to be developed now so that it can be implemented in a timely fashion. AGENDA ITEM 130-2- The enclosed letter requests safety signage in the Covington/Vine Ridge area. A complete staff report will not be available until the next City Council meeting. AGENDA ITEM 14A-2 - A copy of the general legal services contract with Larkin, Hoffman, Daly & Lindgren, Ltd. is enclosed. The only item which has not been resolved to my satisfaction is facsimile charges which are proposed at $1.00 per page being sent from the firm. I feel there should not be charges for faxing material which is necessary for meeting preparation. 9/5/91 al , REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 26, 1991 5755 COUNTRY CLUB ROAD PAGE 1 M I NUT E S 1. CALL TO ORDER Mayor Brancel called the meeting to order at 7:02 P.M. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel, Councilmembers Gagne. Stover. Daugherty and Lewis. City Administrator Hurm. City Attorney Froberg. City Engineer Dresel, City Finance Director Rolek and City Planner Nielsen. . C. REVIEW AGENDA Gagne moved, Stover seconded. to approve the Agenda with the following corrections: Motion carried - 5/0 Administrator Hurm asked that item 3 H be removed from the Consent Agenda and discussed under the Engineer's Report. Hurm told the Councilmembers that there will be more Consent items in the future. The Councilmembers may remove an item for discussion later in the meeting. . Mayor Brancel added a review of the LMCD budget at item 2A under the Mayor's report. 2. APPROVAL OF MINUTES A. City Council Work Session - July 23, 1991 Gagne moved, Daugherty seconded, to approve the City Council Work Session Minutes of July 23, 1991. Motion carried - 5/0 B. Special City Council Meeting - August 12, 1991 Stover moved, Lewis seconded, to approve the Special City Council Meeting Minutes of August 12, 1991. Motion carried - 5/0 C. City Council Work Session Meeting - August 12, 1991 Daugherty moved, Lewis seconded, to approve the City Council Work Session Minutes of August 12, 1991. 1 olA AUGUST 26. 1991 - PAGE 2 Motion carried - 5/0 D. City Council Work Session - August 19. 1991 Gagne moved, Daugherty seconded, to approve the City Council Work Session Minutes of August 19, 1991. Motion carried - 5/0 3. CONSENT AGENDA Gagne moved, Stover seconded, to approve the following Consent Agenda: A. Payment Voucher No. 1 - A & K Construction. Inc. - Project No. 91458. B. RESOLUTION NO. 78-91 IIA Resolution approving Agreement with NSP for. the Home Energy Checkup Program. II C. RESOLUTION NO. 79-91 IIA Resolution Approving Subrecipient Agreement Urban Hennepin County Community Development Block Grant Program. II D. RESOLUTION NO. 80-91 IIA Resolution Authorizing the Mayor and City Administrator to Execute Year XVII/Third Party Agreement/South Shore Senior Center - CDBGII E. RESOLUTION NO. 81-91 IIA Resolution Adopting a Paper Procurement Policy for the City of Shorewood," F. G. Approve Satisfaction of Repayment Agreement - Ruth Pulvermacher RESOLUTION NO. 82-91 IIA Resolution Declaring the Official Intent to . Reimburse Certain Expenditures from the Proceeds of Taxable or Tax -Exempt Bonds to be Issued by the City of Shorewood.1I H. 1. J. Withdrawn Final Pay Request - Badger Field Pump Repair Final Pay Request - Badger Field Warming House City Project No. 90-1A K. 1992 Proposed Fire Department Budget - City of Excelsior L. 1992 Fire Contract Budget Proposal - City of Mound M. RESOLUTION NO. 83-91 IIA Resolution Approving Findings of Fact Granting Setback Variance for Kevin Kuester. 5885 Christmas Lake Road. II N. Appeal Notice to Remove - Motion Approving Recommended Extension Appellant: Brian Zubert ,., "'- AUGUST 26, 1991 - PAGE 3 Location: 28040 Woodside Road Motion carried 5/0 4. COMMISSION REPORTS: A. Planning Commission Councilmember Stover (Planning Commission Liaison) reported that items 10 and lion the Agenda are items discussed and recommended by the Planning Commission. She said the Planning Commission held a Public Hearing on the proposed Ordinance amending the Shorewood City Code relating to the definition of street. B. Park Commission . There was no Park Commissioner present to give the report. 5. ORDINANCE NO. 241 AN ORDINANCE AMENDING TITLE 500 OF SHOREWOOD CITY CODE GENERAL HEALTH AND SAFETY PROVISIONS (ADOPT UNIFORM FIRE CODE) Fire Marshall Tom Neudahl was unable to be present. Fire Department Captain David Hoo urged the Council to adopt the Uniform Fire Code. Stover moved, Gagne seconded, to adopt ORDINANCE NO. 241 "An Ordinance Amending Title 500 of Shorewood City Code General Health and Safety Provisions" . Motion carried - 5/0 6. REVIEW OF RESOLUTION NO. 42-91 APPROVING PRELIMINARY PLAT OF JOHNSON'S FIRST ADDITION City Attorney Froberg informed the Council that the City has been served with a lawsuit by Johnson compelling the City to condemn his property because it is unbuildable due to the restrictions placed on the property by the City. The lawsuit describes the City's actions as illegal because it required Johnson to adopt covenants the same as Waterford. Froberg recommended that no action be taken at this meeting regarding this matter. Gagne moved, Stover seconded, to table a review of the Preliminary Plat approval for Johnson's First Addition. Motion carried - 5/0 ..,. ...:' n~uu~~n ~111 ~VV~~1~~1~V1~~ AUGUST 26. 1991 - PAGE 4 " RESOLUTION NO. 84-91 7. A RESOLUTION AWARDING THE SALE OF $31.000 G.O. STORM SEWER DISTRICT BONDS. SERIES 1991 Gagne moved, Daugherty seconded, to adopt RESOLUTION NO. 84-91 itA Resolution Awarding the Sale of $31,000 General Obligation Storm Sewer Bond, Series 1991; Fixing its Form and Specifications; Directing its Execution and Delivery; and Providing for its Payment.1t Motion carried - 5/0 Brancel explained that these bonds are for the storm sewer project in the Shady Hills Tax District No.2. Hurm added that the State of Minnesota requires the bonds to be issued so that the residents of Shady Hills can be assessed for the project. ~ Gagne moved, Stover seconded, to adopt RESOLUTION NO. 85-91 itA Resolution setting a Hearing on the proposed Levy for the Shady Hills Storm Sewer Improvements for October 14, 1991 at City Hall. II Motion carried - 5/0 RESOLUTION NO. 86-91 8. A RESOLUTION APPROVING THE 1992 PROPOSED GENERAL. WATER. SEWER. AND RECYCLING FUND BUDGETS AND THE 1991 PRELIMINARY PROPERTY TAX LEVY COLLECTIBLE IN 1992. Brancel said this resolution is required by law. It establishes ~ the 1992 Proposed Budget and the 1991 Tax Levy Collectible in 1992. The Council reviewed the proposed Operating Budget on August 19 and the preliminary property tax levy is $2,375.450.00. Stover asked if the Special Levy they just passed is included in the Tax Levy, Hurm and Finance Director Rolek said it is only a tax levy on a Special Taxing District and is not spread City wide. Gagne moved, Stover seconded. to adopt RESOLUTION NO. 86-91 "A RESOLUTION APPROVING THE 1992 PROPOSED GENERAL, WATER. SEWER, AND RECYCLING FUND BUDGETS AND THE 1991 PRELIMINARY PROPERTY TAX LEVY COLLECTIBLE IN 1992." Motion carried - 5/0 4 AUGUST 26. 1991 - PAGE 5 RESOLUTION NO. 87-91 9. A RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 1992 GENERAL. WATER. SEWER AND RECYCLING FUND BUDGETS AND THE 1991 PROPERTY TAX LEVY COLLECTIBLE IN 1992. Daugherty moved. Lewis seconded. to adopt RESOLUTION NO. 87-91 "A RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 1992 GENERAL. WATER. SEWER AND RECYCLING FUND BUDGETS AND THE 1991 PROPERTY TAX LEVY COLLECTIBLE IN 1992 for Nov. 25. 1991 at 7:00 P.M." Matiafl earried - 5/0 10. SET BACK VARIANCE - MOTION TO PREPARE FINDINGS OF FACT . Applicant: Location: Robert Dircks 5351 Shady Hills Circle Planner Nielsen said the Planning Commission voted 6/1 to approve the variance. Stover stated that the one objection to the variance thought a deck was not required to make reasonable use of the property. However. the other Planning Commission members thought the topography of the lot was severe enough to warrant the deck. . Councilmember Lewis said the letter of objection by Don and Dee Johnson indicated they intend to build on the adjacent property and the City has indicated it is unbuildable. Nielsen said a ghost plat for Johnson's property does not show a lot and the topography is very severe. Nielsen said he thought the Johnson's were indicating they would want the same consideration for a variance as the Dircks. Stover moved. Gagne seconded. to approve the Preparation of Findings of Fact for a Setback Variance for Robert Dircks. 5351 Shady Hills Circle. Motion carried - 5/0 11. MOTION TO PREPARE FINDINGS OF FACT - C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET OF AREA Applicant: Location: Ivan Kruger 5135 St. Albans Bay Road Stover said there was no objection to this C.U.P. from the Planning Commission. She said Mr. Kruger is adding on to his house and COmbining this with an existing garage. The overall appearance of the property is improved. Daugherty said the motion will also include a Recreation Vehicle storage shed. 5 ~~UV~A~ ~!!I ~VVN~!~ ~!NV!~~ AUGUST 26. 1991 - PAGE 6 Daugherty moved, Gagne seconded, to approve the Preparation of Findings of Fact for a C.U.P. for Accessory Space for Ivan Kruger, 5135 St. Albans Bay Road. Motion carried - 5/0 ORDINANCE NO. 242 12. PROPOSED ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS - DEFINING STREETS The Council reviewed correspondence from an attorney representing John Einhorn. Stover said Mr. Einhorn's request for variances to build a new house was submitted under the old Ordinance and was turned down. He can reapply under the new Ordinance. . Stover moved, Gagne seconded, to adopt ORDINANCE NO. 242 "An Ordinance Amending Chapter 1201 of the Shorewood City Code Relating to Zoning Regulations. II Motion carried - 5/0 13. MOTION APPROVING SELECTION COMMITTEE RECOMMENDATION AND APPROVING AGREEMENT FOR ARCHITECTURAL SERVICES (Public Works Facility) The Selection Committee for the architectural firm consisted of Administrator Hurm. Public Works Director Zdrazil and Planner Nielsen and the Council Liaison was Bob Gagne. The recommended EOS Architecture to design the Public Works Facility. Councilmember Gagne said the City has used the services of EOS . in the past and their bid was the lowest. Lewis moved, Gagne seconded, to accept the recommendation of the Selection Committee and approve EOS Architecture to design the Public Works Facility. Motion carried - 5/0 RESOLUTION NO. 88-91 14. RESOLUTION APPROVING THE PLAT OF THOMPSON ADDITION Nielsen said the main issue in the approval of this Addition is the access. There are three lots and an existing serviced by an existing private road. The private road is still substandard. The developer has widened the turnaround at the end of the road and established setbacks. The developer has complied with all aspects of the preliminary plat. Engineer Dresel said his main concerns. when examlnlng the property. were problems that might occur for the City staff and 6 ."....""''''''.........10 "'......... ""'''''''''''...,'-''......., .....4........"'" 4.a.;"w AUGUST 26, 1991 - PAGE 7 for public safety. He said the road should be acceptable if the 10% grade is maintained and the landing at the top of the road is maintained. He said there are long sanitary sewer service to the property and he wants the record to show that these are maintained by the homeowners, if they are on private property. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 88-91 "A Resolution Approving the Plat of Thompson Addition. II Motion carried - 5/0 15. CONSIDERATION OF BIDS PINE BEND WATERMAIN EXTENSION CITY PROJECT 91-11 . Dresel informed the Council that the low bid on the project was $117,491.75; 10% above the estimate. He said the higher bid was due to contractors work load and time of year. Dresel said the increase will mean a $1000.00 per lot adjustment in the resident's assessment and the City's share of the project will increase to $67.000. He suggested the Council table the matter until he can talk to the neighbors. Stover asked if price of the project will increase in the spring. Dresel said they may increase but many projects are bid in February. Lewis moved, Daugherty seconded, to table the discussion of the Pine Bend Watermain Extension. . Motion carried - 5/0 RESOLUTION NO. 89-91 16. RESOLUTION TO ACCEPT BIDS - AWARD CONTRACT CITY PROJECT 91-51 SITE GRADING FOR SALT/SAND BUILDING Gagne said the prices for construction will increase in the spring and he would like to see the project done. Councilmember Daugherty asked if the Public Works Department can do the grading. Gagne and Stover said it will still cost money to have the Public Works Dept. do the grading. Stover said, in the past, the City has found they do not save much money by having Public Works do these jobs. An additional project takes time from their scheduled projects. Councilmember Lewis asked Dresel why these Engineering estimates have been low. 7 rU:;(:iUJ..AH l; J. -,a l;UU.Nl; J. J.. MJ..NUTl:;::) AUGUST 26, 1991 - PAGE 8 Dresel said he is also uncomfortable with the low estimates. He has been told by contractors that there is sufficient work for this time of year. Dresel said some contractors have indicated to him that bids have been very low for years and contractors have been starting to increase them. He told Lewis that he followed normal guidelines for estimating the project. The lower bidder, N. W. Asphalt had a high cost for clearing the site. Daugherty asked if the tree removal can be sub-contracted. Dresel said the bid can change but he didn't think it would be lower Dresel said the City could bid the two project together in the spring and possibly get a low price. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 89-91 "A Resolution Accepting Bid and Awarding Contract for Site Grading and Appurtenant Work Salt/Sand Facility Site Grading to N. W. Asphalt Co." Motion carried 3/2 (Lewis. Daugherty) on a roll call vote. . Lewis and Daugherty asked Dresel to negotiate a lower tree clearing rate with the contractor. MR. CROSS - SMITHTOWN ROAD Mr. Cross lives on the west side of the proposed Public Works site. He said the access road runs directly in front of his house and there is no screening. He said he has been out of town and did not see the plan for the site. Nielsen said a berm can be built in front of the Cross property. He said Cross will have to grant an easement and some trees will have to be . removed. Dresel said the easement will be a temporary construction easement. Gagne moved. Stover seconded. to approve the construction of a berm next to the Cross property, SUbject to easements by the Cross's for construction and without sodding or trees. Motion carried - 5/0 Daugherty said the Cross's should accept the height of the berm and there should be a date for completion. RESOLUTION NO. 90-91 17. RESOLUTION TO ACCEPT BIDS - AWARD CONTRACT CITY PROJECT 91-61 SALT/SAND STORAGE FACILITY Gagne said he did not want any salt or sand left in the City Hall parking lot. He said it has been there long enough and the State may require the City to move it. 8 REGULAR CITY COUNCIL MINUTES AUGUST 25, 1991 - PAGE 9 Hurm said some sand may need to be left in the parking lot until the Public Works facility is built. He said it would not be efficient to move between the new site and the old. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 90-91 "A Resolution to Accept Bids and Award Contract City Project 91-51 Salt/Sand Storage Facility to Ebert Construction, Inc." Motion carried - 4/1 (Lewis) on a roll call vote. 18. OCCUPANCY PERMIT/SIGN PERMIT (Shorewood Finamart) Applicant: Location: B & J Automotive 24355 Smithtown Road . JOHN PFEFFER OF B & J AUTOMOTIVE informed the Council that he has 16 years of automotive experience and is a certified mechanic. Pfeffer and his partner think there is a market for automotive repair at the above site. Stover said the Planner's memo indicates that a letter must be received from the owner of Finamart indicating that they realize the sign that is installed for B & J Automotive uses up the signage for that site. Nielsen said the owners of B & J Automotive must also present a letter indicating they understand the restrictions placed on the site. Stover moved, Gagne seconded, to approve an Occupancy Permit and Sign Permit for B & J Automotive subject to receipt of letter by the owner of Finamart and by B & J Automotive as indicated in the Planner's memo. . Motion carried - 5/0 19. MATTERS FROM THE FLOOR. JOHN EINHORN - 5580 HOWARD'S POINT ROAD Einhorn questioned whether the amendment to Chapter 1201 of the Zoning Code is clarifYing the code or changing the Code. Einhorn said he was wrongly denied a permit to build a new house on his property because of the definition of setbacks abutting a private road. Froberg said the amendment is to clarify the code and remove any ambiguity that may have existed such that it may be consistent with past policy that is followed by the City. The amendment was drafted to clarify two parts of the Code book that were conflicting. One section refers to setbacks from a private road and several sections refer to public right-of-way. 9 ~uU~AK ~llY-~UU~~l~ ~l~Ul~~ AUGUST 26. 1991 - PAGE 10 Einhorn did not feel there is any ambiguity in the code. Froberg said the City has not changed its policy regarding setbacks Private roads have always been treated the same as public roads in regard to setback. He said the amendment clarifies the definition of street. 20. STAFF REPORTS: A. ATTORNEY'S REPORT Froberg said this is his last meeting and he considers it a privilege and honor to be the Shorewood City Attorney for the past 6 1/2 years. He said he would have liked to continue the relationship and he will miss the meetings with the Council and staff whom he has a great deal of respect for. He wished the City good luck. . He has made arrangements with the new City Attorney to turn over all the files so there will be a smooth transition. Brancel thanked him for his years of service to the City and for the good job he has done. B. ENGINEER'S REPORT 1. Item 3H from Consent Agenda: Final Pay Request S. E. Area Well House Fire. Dresel said no paYment request has been received from Peoples Electric. He explained that there was an electrical fire at the S. E. Area . Well. The well was removed from service and water was obtained from the City of Minnetonka. Peoples Electric and Electrical Engineers from OSM determined that the fire was most likely caused by a loose wire in the controller cabinet. C. PLANNING DIRECTOR'S REPORT 1. Regulation of Garage Sales - for referral Nielsen said a letter was received from Donald Shafer of 23880 Smithtown Road regarding a continuous garage sale at 23945/23947 Smithtown Road. Mr. Shafer said in the summer of 1990 the residents were asked to abstain from offering new items for sale at the garage sale. However. this summer the garage sale continued and Shafer said the area is an eyesore and a traffic hazard. Nielsen said he contacted 7 area cities to determine if they had garage sale ordinances. Only two had such an ordinance. He asked the Council if they wished to proceed with establishing an ordinance regarding garage sales. 10 REGULAR CITY COUNCIL MINUTES AUGUST 26, 1991 - PAGE 11 The Council agreed to refer the matter to the Planning Commission. D. ADMINISTRATOR'S REPORT 1. SBA Natural Resources Development Program Planting Grant. Community Tree Hurm said the City was not awarded a Community Tree Planting Grant for 1991. However, funds may be available in 1992. 2. Final Payment - University of Minnesota - Canada Goose Program . Hurm informed the Council that the Goose Removal was completed at Christmas Lake and Timber Lane-Gideon Bay. He recommends the City discontinue the project but watch for an increase in the goose population. 21. COUNCIL REPORTS. MAYOR BRANCEL A. 1. Appointment of David C. Sellergren as City Attorney Brancel stated that the firm of Larkin, Hoffman, Daly and Lendgren, LTD. will now represent the City of Shorewood. David C. Sellergren will be the new City Attorney. 2. Appointment of Director to the LMCD Board. . Robert Rascop was appointed to the LMCD Board as Shorewood's Director, to service for a term of three years. He has served in this capacity for 10 years and has been an active participant. 3. Discussion of LMCD Budget. Rascop explained the LMCD Budget to the Council. Shorewood's share of the budget if $107,130, an increase of 3.2%. He explained that the budget reflects money due to the LMCD from other agencies. He said Orono and Minnetonka requested that the milfoil budget remain the same as last year. Daugherty pointed out that the budget has a high percentage for Administration. Rascop said much of that cost is for milfoil eradication and that has actually been reduced this summer. The milfoil harvesters were not used for one month during the summer because of the high water 1 eve 1 . He said the LMCD is actually spending less this year. 11 REGULAR CITY COUNCIL MINUTES AUGUST 26. 1991 - PAGE 12 Rascop invited the Council to a picnic at Enchanted Island on Sept. 15. 1991. BREAK - 9:00 - 9:05 4. Financial Advisory Board Brancel said the Financial Advisory Board was originally established to advise the Council on financial matters at the Council's direction. She said. at the present time. few members show up for meetings. there is no consensus of opinion. just individual opinions. She said there is a lack of purpose and not enough to keep them busy. Brancel said the City now has a Finance Director and the Financial Advisory Board should be dissolved. She said an AD HOC citizen advisory board can be formed at the 4It Council's discretion. Daugherty said the Financial Advisory Board can be valuable if the Council will give it direction. He said the Council should offer them more to review and tell them they want a consensus opinion. A six month trial period could be set up. Lewis also said he has no problem with an AD HOC committee but the Council has not used the Board properly. Gagne moved. Brancel seconded. to dissolve the Financial Advisory Board. Motion carried - 4/1 (Daugherty) 4It B. COUNCILMEMBER GAGNE No report. C. COUNCILMEMBER STOVER Stover said a Public Hearing on Senior Housing will be held Sept. 3. 1991 She asked Hurm about recycling magazines. Hurm said Knutson will recycle magazines starting in September. They want a one year extension on their contract. He said he will prepare a report for the next meeting. Brancel and Stover said they had already received flyers from Knutson indicating they will recycle magazines. Stover said she regrets losing the services of Glen Froberg and will miss him. 1~ ~ . . REGULAR CITY COUNCIL MINUTES AUGUST 26. 1991 - PAGE 13 D. COUNCILMEMBER LEWIS Lewis said there will be a meeting of the Old Market Road Task Force this week. Dresel and Nielsen will attend the meeting. E. COUNC I LMEMBER DAUGHERTY No report. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Gagne moved. Lewis seconded. to adjourn the meeting at 9:20 P.M. Motion carried - 5/0 GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since August 12.1991 Check No. 7332-7376 LIQUOR $ 63,671.33 TOTAL CHECKS ISSUED Checks for Council approval Checks No. 7378-7423 CHECK REGISTER FOR AUGUST 13. 1991 PAYROLL Checks no. 205370/205410 LIQUOR $3.275.61 13 GENERAL $ 30,581.458 $ 94,252.78 TOTAL CHECKS FOR APPROVAL $ 85,253.10 TOTAL CHECK APPROVAL LIST $179.505.88 GENERAL $13.715.31 TOTAL CHECKS ISSUED $16.990.92 REGULAR CITY COUNCIL MINUTES AUGUST 26. 1991 - PAGE 14 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary CITY ADMINISTRATOR JAMES HURM 14 MAYOR BARBARA BRANCEL . . MAYOR Barb Braneel COUNCIL Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: Mayor and Councilmembers DATE: September 5, 1991 ~ (. FROM: James C. Hurm, City Administrator RE: Request from Lundgren Bros. Construction Inc. to Prohibit Parking on Streets near the location of Parade of Homes 1991 r. The Parade of Homes will run from September 7th - 22nd. Because the request did not come in time for full council action, the Mayor through authority of City Traffic Code, section 801.02, subd. 3A, has, at the recommendation of the police Chief, declared an emergency "No Parking" situation as defined in the proposed motion below. This section of the code allows the Mayor to take such action for a seventy-two hour period which is in effect September 7th through the 9th. The proposed motion will confirm that action and approve the temporary "No Parking" action through september 22nd. The proposed motion is as followed: move to approve "No parking" on the east side of Sweetwater Curve, south side of Silver Lake Trail, east side of Sierra Circle and west side of Near Mountain Boulevard from Silver Lake Trail to the south City limit, for a period of September 7th through September 23rd, 1991. all A Residential Community on Lake Minnetonka's South Shore at . . ~ AUG 2 7 1991 Lake Minnetonka Cable Communications Commission 443 OAK STREET · EXCELSIOR, MINNESOTA 55331 . (612) 474-5539 August 26, 1991 James Hurm City of Shorewood 5755 Country Club Drive Shorewood, MN 55331 Dear Jim: At the August 20 meeting of the full Commission, the 1992 Budget Planning Committee presented its proposal to the Commission direc- tors. To summarize the committee's remarks on the drafting of this budget, it noted the following: 1. Franchise fees approximately 5% above 1990 (fees are received from the cable operator prior to the end of the first quarter of each year); 2. A review of salaries for all staff positions (the administrator has been directed to survey other facilities and commissions for staff job descriptions and salaries); 3. A general increase in expenses of 5%; 4. The deletion of the operating budget line item for office equipment (a fund was established last year to plan for office equipment needs); 5. The addition of a new line item for equipment repair and maintenance (for the office computer, copy machine and commission-owned video equipment); 6. Additional increases in office space costs (space may not be available in the ECC after the '92 school year); With a quorum present, the Commission voted unanimously to adopt the attached budget for 1992 and now seeks your city's approval. Our Joint Powers Agreement calls for this budget to be presented to the member cities fifteen (15) days after adoption for review and ap- proval. The budget shall be effective only if approved by a majority of our members within thirty (30) days after receiving it. Official notification of a resolution to approve or reject is requested by the Commission. If you or members of your city council have questions regarding the attached proposed budget that cannot be answered by your city's Commission representatives, please call me. c38 enc: 1 LMCCC 1992 BUDGET PROPOSAL 1991 MID-YEAR PROPOSED 1992 BUDGET FIGURES BUDGET INCOME Franchise Fees 97173.81 97173.81 102040.00 Interest 3000.00 3770.13 5000.00 Carryover 19662.23 19662.23 0.00 Other 0.00 0.00 -------------- -------------- =========.===== -------------- -------------- TOTALS 119836.04 120606.17 107040.00 OPERATING EXPENSES Administrator 30000.00 15000.00 35000.00 Access Staff 25000.00 11038.74 28200.00 Secretarial Services 500.00 257.50 558.50 Payroll Taxes 7200.00 3114.13 7560.00 . Employee Mileage 950.00 422.37 997.50 Health Insurance 2880.00 1363.39 3024.00 Legal Fees 2000.00 268.50 2000.00 Insurance/Bonds 4350.00 4059.00 4300.00 LMCCC Audit 1250.00 750.00 950.00 Conference Schools 6000.00 3474.80 6300.00 Office Supplies 2000.00 909.68 2100.00 Membership Dues 1300.00 317.50 1000.00 Telephone 1600.00 879.29 1750.00 Postage 800.00 601.82 1200.00 Miscellaneous 450.00 238.99 450.00 Advertising/Promo 750.00 488.29 750.00 Office Equipment 1000.00 744.39 N/A Office Space 4800.00 2830.00 7500.00 Eqp Maintenance/Repair 0.00 0.00 1000.00 -------------- -------------- -------------- . -------------- -------------- -------------- TOTALS 92830.00 46758.39 104640.00 SPECIAL FUNDS Technical Audit 1000.00 1000.00 500.00 Finanacial Audit-Triax 1000.00 1000.00 500.00 Studio Equipment 500.00 500.00 100.00 Legal Fund 1000.00 1000.00 100.00 Office Equipment 1000.00 1000.00 1000.00 Access Equipment 3000.00 3000.00 100.00 Access Development 15000.00 15000.00 100.00 Contingency 4506.04 4506.04 0.00 -------------- -------------- -------------- -------------- -------------- -------------- TOTALS 27006.04 27006.04 2400.00 BUDGET TOTAL 119836.04 73764.43 107040.00 92 BUDGET PROPOSAL RESOLUTION NO. -91 RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR WATER TREATMENT PLANT FOR THE SOUTHEAST AREA WHEREAS, the City Council has ordered the construction of a local improvement known as Project No. 91458 and described as Water Treatment Plant for the Southeast Area, Well No.7, and, WHEREAS, the improvement was to be financed through special assessment of costs to the benefitted property owners, NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Shorewood that: . 1. A public hearing shall be held on the 14th day of October, 1991, in the city Hall at 7:15 p.m., to pass upon proposed assessments for Project No. 91458, Water Treatment Plant for the Southeast Area, Well No.7. At such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 2. The City Administrator/Clerk is hereby directed to cause a notice of the public hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing, and state in the assessment notice the total cost of the improvement. The City Administrator/Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll and to provide each property owner with all the information required by Minnesota Statutes, Section 429.061. . 3. The City Administrator/Clerk shall have the assessment roll available for public inspection at the City Hall during regular business hours. Adopted by the City Council of the City of Shorewood, Minnesota, this 9th day of September, 1991. Barbara Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 3( ~,,_,._...w,....._,..,_......__...,...~~...-..........~.._...,.,_~_~.___ 8/28/91 RESOLUTION NO. A RESOLUTION GRANTING A SETBACK VARIANCE TO ROBERT and ROBERTA DIRCKS WHEREAS, Robert and Roberta Dircks (Applicant) is the owner of real property located at 5351 Shady Hills Circle in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: Lot 9, Block 4, Shady Hills; and . WHEREAS, Applicant has an existing single-family dwelling on the property; and WHEREAS, Applicant has applied for a variance to construct a deck on the rear of the dwelling which will encroach twenty feet into the rear yard setback area; 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 1 August 1991 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 6 August 1991, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request for a variance was considered by the City Council at their regular meeting on 26 August 1991 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-IC single family residential zoning district and was the subject of a previous five foot front yard variance and a 13 foot rear yard variance granted by the City Council in 1989 to permit the construction of the existing single family dwelling. 2. That the site is characterized by severe topography, most of which is wooded, and with the buildable 3D area on the site having a slope of 40 percent. 3. That Applicant's proposed deck will encroach twenty feet southerly into the rear yard setback, however, the buildable portion of the lot with the least slope is only 22 feet deep. 4. That the property is unique in that the land behind it is virtually unbuildable and the severe topography and designated wetlands make it unlikely that houses will be built to the south of the site. 5. That the proposed deck addition would constitute a reasonable use of the land and will not have an adverse effect on neighboring properties. 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 20-foot rear yard setback variance for the purpose of constructing a deck. 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 26th day of August, 1990. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 8/28/91 RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO IVAN KRUGER WHEREAS, IVAN KRUGER (Applicant) is the owner of real property located at 5135 St. Albans Bay Road, in the City of Shorewood, County of Hennepin, legally described as: . Lots 14 and 15, Block 3, Minnetonka Manor and WHEREAS, the Applicant has applied to the City for a Conditional Use permit for the construction of a "tuck-under" garage, the area of which, when added to the area of the garage on the upper level, will bring the accessory space up to 1426 square feet; and WHEREAS, the Shorewood City Code requires a Conditional use Permit for the construction of accessory space containing an excess of 1200 square feet; 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 1991, 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 6 August 1991, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 26 August 1991, 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: 3E FINDINGS OF FACT 1. That the total proposed accessory space (1426 square feet) does not exceed the "footprint" area of the principal structure (2287 square feet). 2. That the total area of accessory space does not exceed 10% of the minium lot area for the R-IC Zoning District in which it is located (2,000 square feet). 3. That the "tuck-under" garage is designed as an integral part of the house and is architecturally appropriate. 4. That despite the increase in accessory space, the total garage space appears to be diminished because the design integrates the currently detached garage into the principal structure, and the new tuck-under garage displays only a single door, giving the appearance of a smaller garage. . CONCLUSION 1. That the application of Ivan Kruger for a Conditional Use Permit as set forth hereinabove be and hereby is granted. 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 26th day of August, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk . . RESOLUTION NO. -91 A RESOLUTION ACCEPTING FREEMAN PARK IMPROVEMENTS PROJECT NO. 90PK-1 WHEREAS, on September 18, 1990, the City accepted the bid of Showcase Landscape, Inc. (the Contractor) and entered into an Agreement for irrigation improvements at Freeman Park as project No. 90PK-1. WHEREAS, said Agreement provided for the Contractor to perform such irrigation improvements at Freeman Park in accordance with the plans and specifications prepared by the City Park Engineer; and WHEREAS, said work has now been completed by the Contractor, as further described in that certain memorandum of the City Park Engineer dated August 27, 1991, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Contractor the irrigation improvement work designated as Project No. 90PK-1. 2. That final payment be made to the Contractor upon receipt of Affidavit, State of Minnesota Form 1C-134, and Receipt and Waiver of Lien Rights from Showcase Landscape, Inc. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of September, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator 3F ~ VanDoren Hazard · Stallings, Inc. Ar'chitects . Engineer's . Planner's AUG 2 8 /991 August 27, 1991 Mr. Jim Burm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Jim: Enclosed, please find a copy of the third and final Contractor's Application for Payment for the irrigation improvements at Freeman Park. Showcase Landscape, Inc. completed the project and upon final inspection, the system was operating as designed. Therefore, . approval of the final payment request is recommended contingent upon the City receiving a warranty bond covering the required two year warranty period. I have requested that Showcase send the bond directly to your office to expedite payment. Final payment should not be sent to the Contractor prior to receipt of the bond. If you have any questions on this matter, please contact me. Sincerely, ~~~L6? R. Mark Koegler Vice President RMK: dbm Enc. . cc: Tim Pearson, Showcase Landscape, Inc. SHOWBND.L75 3030 Harbor Lan", North, Bldg. II, Suite 104, Minneapolis Minnesota 55447-2175 (612) 553-1950 (I C.O. No. I ,!. i\ r · . ' - . - . { f . I I ~ 1 .i. J . , ! ~ I I 'l !. , Ii t . t I i I ~! '-'- CONTRACTOR'S APPLICATION FOR PAYMENT ltECEIVED ~~;+/ VAN DOREN STALLINGS HAZARD TO (Owner): City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Application No. Three (3) Percent Comp 1 ete 100 Period from 1/4/91 ~ to Finish ~ROM (Contractor) Application Date: 8/21/91 Application Amount:$ 1,893.85 , VIA (Engineer) Contract for: Freeman Park Improvements Improvement Project No. 90PK-l Van Doren-Hazard-Stallings, Inc. 3030 Harbor lane North Minneapolis, MN 55447 Contract Date: 9/18/90 Or i gin a 1 Con t r act Am 0 un t ....................... $ 37 , 877 . 00 Change Order Summary Date Approved Deductions Additions Net C h a n g e by C h a n 9 e 0 r d e r s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 Con t r act Am 0 u n t to D ate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37.877.00 /' Total Completed to Date.................................$ 37.877.00 ~ Materials Stored........................................$ 0.00 Total Completed and Stored..............................$ 37.877.00.... R eta ; nag e 0 ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 00 Tot alE a r n e d 1 e s s R eta 1 n ag e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37, 877 . 00 L e ssP rev 1 0 U s P . J men t s .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35, 983 .~ Amount Due this Applicatlon............................~1,893.85 ;-,,) FREEMAN.S15 AP-l .- -~;" The under signed 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 ~ inclusive; and (2) all materials and equipment incorporated in said proJ~ or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated ~ -~\ , 19~ (~~Cj),~E. \..A.r.J~~L~~I-r.(OC' Contractor ,.r- /) By ~./4P-'- ~",,+,.u r AL-- - Na e and Tltle County of state of \\ 'C: tU <\J ~ ~.\ N \\.IQt0\:. ~~PI " . Before me this ~\~~ day of h\A v..~\. ,19.=J.L, personally appeared S:.-t.'t.,,~ ~ 'f:-:raPoV..J...(.L . ~ known to me, who bei ng du ly sworn did depose aniP say that he is the ~{lt..~.,<\~v~ (Office) of the Contractor above mentioned; that he executed the above Appl ication for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. @~ ROBIN L. DEYOUNG N01'AAY PUBUC. MINNESOTA HENNEPIN COUNTY My Co........ ___.. .. . Notary My Commission Expires: ~-~-~~ APPROVED FOR PAYMENT: Dated , 19 By: Dated , 19 . CITY OF SHOREWOOD By: ENGINEER FREEMAN.S15 AP-2 --~- .. i ~ VanDoren Hazard Stallings, Inc. Archit;ect;s . Engineers. Plenners August 27, 1991 Mr. Tim Pearson Showcase Landscape, 2884 Vicksburg Lane Plymouth, Minnesota Inc. North 55447 Dear Mr. Pearson: . We are in receipt of your third and fina.l payment request for the irrigation improvements at Freeman Park in Shorewood. We have recommended payment of the request cont~ingent on receipt of the warranty bond identified in the specifications. Section 13 of the Special Conditions states, "The Contractor for this work, shall guarantee and maintain the stability of all his work, equipment, and materials for a period of two (2) years from date of final payment. The two ( 2 ) year maintenance guarantee shall be a separate Warranty Bond for the total cost of the contract and shall be provided at the time of final acceptance of the work by the City. " In order to expedite your final payment request, please submit the required warranty bond to Mr. Jim Burm, Shorewood City Administrator. If you have any questions on this matter, please contact me. . Sincerely, ~ ~lCI' ___ R. Mark Koegler Vice President IU-lK : dbrn Enc. cc: Mr. Jim Burm, City of Shorewood SBOW'3.L75 3030 Harbor Lane North, Bldg. II, Suite 104, Minneapolis Minnesota 55447-2175 612) 553-1950 r- . j D PREMIUM BASED ON la~~AL CONTRACT PR'~RFORMANCE AND PAYMENT BOND BOND NO. 1227241 PREMIUM: $1,136.00 ,. KNOW ALL MEN BY THESE PRESENTS that we, hereinafter called the Principal, AMWEST SURETY INSURANCE COMPANY , he re 1 n a fter ca 11 ed and firmly bound unto City of Shorewood, hereinafter the full and just sum of: Showcase Landscape and the Surety, as held called the Owner, in Thirt no/100 $37,877.00 . awfu money 0 WhlCh, we and tru y 0 be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly be these presents. The condition of the above obligation is such that, W EREAS, the bounden Principal has, therefore, on the '!/~ day of r , 19tb , entered into a certain Contract with the Owner, a . co y 0 WhlCh Contract together with its terms, covenants, conditions, and stipulations is incorporated herein and made a part hereof as fully and amply as if said Contract were recited at length herein. NOW THEREFORE, if the above bounden Principal shall well, truly, and faithfully perform said Contract and comply with all the terms and provisions thereof and satisfy all of the obligations of said Principal arising thereunder including the matter of infringement, if any, of patents and shall guarantee the maintenance in good repair of said improvements for a period of two years after the completion of the Contract and comply with all the documents constituting a part of said Contract required to be performed by said Principal in the manner and within the time provided in said Contract and shall fully reimburse and repay making good any default and shall pay all persons who have contracted directly with the Principal of labor and materials, if any, included in said Contract, then thiS. obligation shall be null and void, otherwise to remain in full force and effect. The said Surety for value hereby stipulated, agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement or to the work or the Specifications. P&PMTBOND.S15 ( . . RESOLUTION NO. -91 RESOLUTION DIRECTING DELINQUENT SEWER AND WATER UTILITY CHARGES AND CITY CLEAN-UP CHARGES BE PLACED ON THE 1992 PROPERTY TAX ROLLS WHEREAS, Shorewood City Code provides for the City to place delinquent sewer and water utility charges and city Clean-up charges on the succeeding year property tax rolls for the specified properties, and, WHEREAS, the Council has made a de"termination that delinquent sewer and water utility charges and city clean-up charges exist for the specified properties set forth in Exhibits A, B, and C, attached hereto and made a part hereof.. NOW, THEREFORE, BE IT RESOLVED by t:he City Council of the City of Shorewood as follows: 1. That the Hennepin County Spe(~ial Assessment Division be and hereby is authorized to place the delinquent sewer and water utility charges and city clean-up charges on the 1992 property tax rolls and against the spec if ied properties as set forth in Exhibits A, B, and C. 2. 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I I I I I I I I I 0 I" I" I" t' t' I" t' I" t' z: r-i .-l .-l r-i .-l .-l r-i r-i r-i r-i r-i .-l .-l .-l r-i r-i r-i r-i Q I I I I I I I I I - ~ M M M .-l \0' \0 \0 \0 \0 M M M M M M M M M . 0 N :z: \0 N ~ N > r-l W - ..J ,- - c - >;::. . ... -----~""-~ IoU Q tl( 0.. en ...J ...J o c: z o z: w c o Co,) <J - :z: j -::I RESOLUTION NO. -91 A RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR MUNICIPAL WATER SERVICE CONNECTION CHARGE WHEREAS, Shorewood City Code Chapter 903 provides for the collection of municipal water service connection charges as a special assessment to the benefitted property, and, WHEREAS, pursuant to proper notice duly given law, the Council has met and heard and passed upon to the proposed assessment for the municipal connection charge as set forth below. as required by all objections water service . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the following connection charge be assessed against the property identified below: Property Identification Number Amount to be Assessed 31-117-23-14-0003 $4,000.00 . 2. That such special assessment is hereby accepted and designated as Levy No. 12263, and shall constitute the special assessment against the property identified above, and such property is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 3. That such assessment shall be payable in equal annual installments extending over a period of 10 years and shall bear interest at the rate of 8 percent (8%) per annum from the date of the adoption of this assessment resolution. 4. That the owner of said property so assessed may pay the whole of the assessment against the property to the ci ty of Shorewood without interest if payment is made prior to November 30, 1991. After November 30, 1991, following the date of the assessment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of assessment through December 31 of the following year. All payments thereafter shall be in accordance with the provisions of Minnesota Statutes Section 429.061, Subd. 3. 5. That the City Administrator/Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the county, and such assessments shall be collected and paid over the same manner as other municipal taxes. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of September, 1991. Barbara Brancel, Mayor ATTEST: James CJ Hurm, City Administrator/Clerk . . .- MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY-OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (6121 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 28 August 1991 RE: Gideon's Cove P. U.D. - Revised Concept Plan FILE NO.: 405 (91. 05) BACKGROUND . Having received a negative recommendation from the Planning Commission on 2 July, Boyer Building Corporation withdrew their proposal for a 14-unit P.U.D. before it went to the City Council. They have now reapplied for a 12-unit P.D.D. (see Exhibit A, attached). John Blumentritt outlines the differences between the new proposal and the previous one in a letter, dated 7 August 1991 (see Exhibit B). In addition to the revisions to the development itself, the applicant proposes to assign the existing dock rights on the penninsula to six of the twinhome units. This proposal is explained in a letter from John Boyer, dated 29 August 1991 (see Exhibit C). The revised concept plan has been scheduled for a public hearing on 3 September 1991. BJN:ph cc: Jim Hurm David Sellegren Joel Dresel John Boyer A Residential Community on Lake Minnetonka's South Shore 5: . . -- - lJ o z o .~~'~ --. . ~ "'-~~~~._~.........- -~ ..~.~~~ -~~~~ :. i 0 ..../ :c 9l z ~ Z. o o c Z -t -< :0 o .~ ~,.\ r' J -r/;/ _/r' G> o ~ z (J) OJ ?< \ II~ '~'l " I jr:::::=J1 bljr=OI. L_-1 ,!, i r, .~ . ,.,.4' . :ll,.,~.o;:: 0,1.." ,. AUG 8 1991 .... Building Corporation 18283A Minnetonka Boulevard. Wayzata, Minnesota 55391 · (612) 475-2097 August 7, 1991 . Mr. Bradley Nielson City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Nielson, Yesterday we submitted our revised site plan for the proposed Gideons Cove Plan Unit Development. I would like to bring several noteworthy changes to your attention because we believe these are the critical issues that have been reviewed. 1. ~~DE1~~. The new site plan shows the reduction from four- teen homes to twelve homes. This adjustment changes our dwelling unit mix from 3.3 units per acre to 2.8 units per acre. . 2. ~gil~t~~_~_~!RE_~~' We have established a twenty foot set- back from the Lawtonka Street R.O.W., as discussed. This allows a car to be parked outside of the street R.O.W. 3. I?_1lj._1~;LD3_~2.9_9_ i n-9.. minimum of 30 feet exception of the D de-sac. The D and at the garages and We redispersed the buildings to have a between each primary residence with the and B residence that occur at the cul- B unit have a separation of twenty feet eighty-two feet at the rear corners. 4. 1'.f~Lt~s___Cill.~_'L~_:f_tous-R~Llateg__CO!:l_9~.;r-n~. IH th the reduction from fourteen dwellings to twelve, we wish to note our traffic issues need to be reduced downward by 15%. An important note is our hard costs (land, road, association and maintenance) need to be increased in order to support the adjustments. Exhibit B APPLICANT'S REOUEST LETTER Dated 7 August 1991 1 ~ Brad, we know many of the issues were very important to many people affiliated with the City of Shorewood. Again, we wish to demonstrate our willingness to work with the planning staff, Planning Commission and City Council. We are confident that our latest submittal exemplifies our efforts to comply with the planning adjustments that have been proposed. We look forward to our meeting with the Planning Commission. . I J Blumentritt oyer Building Corporation cc: Joe Boyer, Sr. Pete Boyer Dave Truax . 2 08/29/91 16:50 2: 475 2005 BOYER BLDG. CORP P.02 ~ Building Corporation . 18283A Minnetonka Boulevard. Wayzata, Minnesota 55391 · (612) 475.2097 August 29, 1991 e Mr. Bradley Nielson cityofShorewood 5755 CountJ:y Club Road Shol:eWOOd, MN 55331 Dear Mr. Nielson, Please amrend letter of August 7, 1991 to include Item 5 for your staff report re<:XXCireIldations. . e, Item 5. ' 'use-of 'Peninsula. . We acknCMledge that the use of the peninsula with respect to theP~U~D. is rather vague. We have been vague on this issue in order to get feedback fran the Planning and Council nembers. '!he sense ~ get is that if we intend to use the area calculations in our P.U ..D. density o:;::nq;mtations then it better be usable by all nsobers of the 1.' ,U ..0. Therefore,' we .propose to develop the peninsula as a camons area for use by all P.U.D~nembers and under control of the association. IJ:he boat dockage issue Will be handled thus: currently it is split between' two . residents allCMing for the dockage of up to 3 boats per :resident or 6 boats total. We propose that \\.e maintain the 6 boat dockage rights by the association with the 12 association nembers put into a first cc:me, f.irst serve rotation. We feel this is the m::>st fair way of .dea1~g with the peninsula without increasing boat density beyond current status. We have discussed this with both the !MCD and the DNR and found this concept to be within their guidelines. !lC'fy John Boyer r Boyer Build~g Corporation cc: Joe Boyer, Sr. Pete Boyer John Blunentritt Exhibit C DOCK RIGHTS PROPOSAL Dated 29 August 1991 . . MAYOR Barb Bra neel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 27 June 1991 RE: Gideon's Cove P.U.D. - Concept Plan FILE NO.: 405 (91. 05) BACKGROUND . Boyer Building Corporation has submitted concept stage plans for a planned unit development (p.U.D.) consisting of seven two-familydwellings. Considerable background on this proposal has been provided in previous staff reports dated 2 March and 5 May (Attachments 1 and 2, copied in yellow). The applicant's most recent plan remains unchanged. In two letters, dated 28 May and 3 June (Exhibits A and B, respectively), he has addressed some of the issues raised in previous discussions. In addition, Planning Commission members Schultz and Leslie have requested minutes from meetings at which the property was rezoned from R-1A to R-1C and meetings at which the current project has been discussed. These are attached as Attachment 3 (copied in blue). Since the proposal was last reviewed by the Planning Commission and City Council, the applicant has held a neighborhood meeting to discuss the proposal with nearby residents. ISSUES AND ANALYSIS Several of the issues addressed in the applicant's letters deserve clarification: A Residential Community on Lake Minnetonka's South Shore ~ e e Re: Gideon's Cove P.U.D. Concept Plan 27 June 1991 A. Comprehensive Plan - Density. Previously there was some question as to how the proposed density had been calculated. Based upon the area of the site, without street r.o.w. and Outlot C, the project is within the 2-3 units per acre recommended in the Comprehensive Plan. e. B. Traffic. The applicant's assumptions that traffic will be generated equally over a fifteen hour time span deserves further discussion. The City Engineer has been asked to comment about trip distribution considering peak hours. Hopefully this information will be available for the public hearing. C. Building Proximity. Having field checked the site, it appears possible to avoid the long "row house" effect, mentioned in our previous report, through preservation of existing trees and proper attention to landscaping. If the-concept plan is approved it should be subject to the developer having to prepare a detailed tree inventory and plans for maintaining existing vegetation as part of the development stage plan for the project. e Also, relative to space between buildings, the applicant references the heights of garages which adjoin one another. This is the lowest part of the building. In determining the required space between buildings, the highest part of the building should be considered. Without having building elevations, this can not be determined at this time. Regarding front yard setbacks, the applicant has suggested keeping Lawtonka Drive as a public street, but allow it to be privately maintained by the association, thus mitigating the concern over snowplow operations. Having discussed this with the City Attorney, staff strongly recommends against this approach. Even with a written agreement the City would have difficulty requiring private parties to maintain public property. Consequently, it is recommended that no building be closer to the right-of- way than one car length - 20 feet. D. Adjoining Property. Although the applicant shows a future two-unit building on Lot 6, he does not currently control the property. Unless the lot is included in the P.U.D. it is limited to a single-family dwelling. If the City approves the P.U.D. without requiring Lot 6 to be incorporated into the project, it should be prepared to rezone the lot to R-2A. There would be, however, no assurance that the building would be of the same character or quality of those proposed for the P.U.D. E. Utilities. While sanitary sewer is in place, municipal water is not. Due to the proposed density increase, the City may wish to consider requiring watermains to be extended from the south side of County Road 19 to serve the project. - 2 - .~~ e. e e e Re: Gideon's Cove P.D.D. Concept Plan 27 June 1991 RECOMMENDATION If the concept plan is to be approved, it should be subject to the following: 1. The developer should pursue the acquisition of Lot 6 and incorporate it into the project. Failing this, the City should proceed with the rezoning of Lot 6 at such time fInal plans for the P.D.D. have been recorded. 2. The development stage plan should include a detailed tree inventory, showing any trees larger than fIve inches in diameter. The site plan should be adjusted to preserve the better stock, particularly those trees which break up the building massing. 3. The development stage plan should provide a minimum front yard setback of 20 feet. 4. The City should determine if City water will be required for the project. It is anticipated that density will remain an issue with the Planning Commission and City Council. If so, the City should direct the applicant to come back with a revised concept plan before proceeding with a development stage plan. BJN:ph cc: Jim Hurm Glenn Froberg Joel Dresel John Blumentritt - 3 - "' ~ e e \ ;A:{ 3 0 .\,,[.,1 ,:.; '....;-It ;'1 1'.'- Building Corporation 18283A Minnetonka Boulevard · Wayzata, Minnesota 55391 · (612) 475-2097 Hay 28, 1991 Mr. Bradley Nielson City of Shorewooct 5755 Country Club Rd. Shorewood, MN 55331 e. Dear Mr. Nielson, Boyer Building respective to folloHs: Corporation Hants to clarify several issues our Gideons Cove submittal. These issues are as e 1. ~~ns~~y. For the purpose of Boyer Building Corporations den- sity computa~ions, I have referred to Item 1201.25 of the Zoning Ordinance, Subdivision 4, Paragraph g. - Residential Density. I quote" The maximum available density in a P.U.D. shall be deter- mined by reference to the Comprehensive Plan. Within ten percent (10%) of that limit, the exact density allowable shall be deter- mened by standards agreed upon between the Applicant and the City". I also want to refer to the Shorewood Comprehensive Plan. The loV! to medium density residential paragraph states "This category of land use is provided to allow residential development at a denisty of 2 to 3 units per acre. This density begins to allow a greater variety of housing types. Smaller lot single family residential, double bungelows, and low density townhouse developments may be permitted in these areas." I have recomputed the site square footages in order to help determine the final alloV!able density. The main site, according to the computations, is approximately 181,274 square feet, in- cluding the existing Lawtonka Drive right of way. Outlots A and B con~ain approximately 16,810 square feet and Outlot C contains approximately 7,600 square feet. Thus the overall square footage of the original site was 205,684 square feet. Had we applied to the City with the present concept, we would have divided 205,684 sq. ft. by 40,000 sq. ft. (one ShoreY/ood acre) to equal 5.142 acres. The Comprehensive Plan allows 3 dwellings per acre within the P.U.D. format, so multiplying 3 times 5.142 equals 15.42 to- tal units allowable. Also, applying the 10% limitation factor and multiplying 1.10 x 15.42 equals 16.96 maximum number of units alloY/able under the laws of the Shorewood Comprehensive Plan and Zoning Ordinance. The computations do not include Lots 6 or 8 of our original proposal. Exhibit A APPLICANT'S LETTER - 28 MAY 1991 . . Since that original proposal, both Lot C and the Lawtonka Drive right of way have been dedicated to the City. The Lawtonka Drive right of way is approximately 27,924 sq. ft. and Lot C, as pre- viously mentioned, is approximately 7,600 sq. ft. If we deduct those square footages from 205,684 sq. ft., we now have 170,160 sq. ft. as the overall site square footage. 170,160 sq. ft. divided by 40,000 (1 Shorewood acre) equals 4.25 acres. Multi- plying this number times 3 equals 12.75 units. Again applying the 10 percent limitation and multiplying 1.10 x 12.75 equals 14.02 units total allowable. . This is our formula for arriving at the density we are request- ing. Assuming these numbers are correct, we hope we are within your guidelines. We also request that all planning commission and city council members to please review the District 7 paragraphs of the Shorewood Comprehensive Plan on page 116. . 2. Traffic. Gideons Cove residents will primarily access to and from County Road 19 with no disturbance to the residence north of Lawtonka Drive and the nature trail. The driving will be con- fined mostly to accessing from 19, turning onto Timber Lane for approximately 200 feet, then turning onto Lawtonka Drive. Using your computation of 6 to 8 times per day, plus assuming a total of 14 units will be constructed, we can now compute our ap- proximate car count. One additional factor we need to consider will be, most of the traffic will be generated from 7 a.m. to 10:00 p.m. or within a 15 hour time frame per day. We can now factor 6 trips times 14 units equals 84 total trips. 8 trips times 14 units equals 112 total trips. Thus, dividing 84 into 15 hours (900 minutes) equals one car trip per 10.71 minutes. Dividing 112 trips into 15 hours (900 minutes) equals an average of one car trip per every 8.04 minutes. Our analysis is, with an average of one car trip per every 8 to 10 minutes, Country Road 19, one half block on Timber Lane and Lawtonka Drive will support the amount of cars this project will generate. 3. Noise. The proximity of County Road 19 seems to generate the majority of noise within the neighborhood. It is our feeling that, by building most of the units centrally to the site, we can then leave a greater distance to the adjacent neighbors, there- fore buffering them from the effects of Gideons Cove. ~ 2 . . . 4. Building ~~oxim~~ Two issues need to be resolved. The first issue is the distance of the garages to the street curb. We realize Lawtonka Drive is a public street, but is an internal street with a very limited number of dwelling units that will use it. We recall in your report, dated May 5, 1991, that you had indicated a building as close as six feet to the street right-of- way but that also interprets to be 21 feet from the garage to the edge of the curb. Most vehicles do not exceed 18 feet in length and, quite frankly, the residents do not want excessive driveway lengths to maintain. We propose to revise the driveway lengths to 25 feet from the edge of the curb to the face of the garages. We feel this will be an acceptable compromise. The second issue is the side yard setback. We only know of one area where two garage structures are as clos~ as 14 feet at the corners. The buildings do flair out in a radial design however, thereby leaving 62 feet between buildings at the opposite end. With two garages averaging 18 feet in heights and understanding the buildings can be no closer than one half the sum of the building heights, we assume those corners could be as close as 9 feet. . 5. Open Space. We think we can all agree that by consolidating the buildings we can maintaIn greater open areas. We are dis- turbed in your report by what you feel is "lack of open space between buildings" and "one long building mass as viewed from the street:. We feel the 25 to 50 feet between structures provide ample separatlon and see-through opportunities. These areas will be landscaped to visual shelter one structure to the next and break up the viewing from building to building. The topography of the site will also break up any possibility of viewing of all the buildings from one given point. We hope you will please give this some reconsideration. Based upon this information, we hope the City will continue to work with us regarding the Gideons Cove concept. As we mentioned before, we know it will be a terrific addition to your communlty. J Blumentritt oyer Building Corporation cc: Joe Boyer, Sr. Peter Boyer Dave Truax . ~ 3 :~ e e Building Corporation 18283A Minnetonka Boulevard. Wayzata, Minnesota 55391 · (612) 475-2097 June 3, 1991 Mr. Bradley Nielson City of Shorewood 5755 Country Club Road e. Shorewood, MN 55331 Dear Mr. Nielson From my letter dated Hay 28, 1991, several issues remained un-- answered. Please attach this information to that letter, as I feel it will provide the balance of the information needed. 1. The Lawtonka Drive status. Drive a public roadway. Our intent is to leave Lawtonka e 2. WritteD sta~~~~n~ 2~S~~~R~D-g_~he_~~~~~t and demand for the proiect. Our original narrative letter touched upon these items, the 55 plus market age, the increase of 12 percent of that group during the 1990's, the concept of upscale attached housing and some of the internal features. We cannot pinpoint the actual demand, but our marketing reports indicate a high level of inter- est by home purchasers of this age group. We will continue to provide updated information as it is acquired. 3. Relation~hiR-to Shorewood Com~hensive Plan. To quote a portion of the Comprehensive Plan, please refer to the District 7 paragraph on page 116 .. ."proximity to the shopping center and County Road 19 result in this area (District 7) being proposed for higher density residential use, especially adjacent to the shopping center. While the area north of the railroad tracks is proposed as low density residential, the remainder of the dis- trict is suggested for medium densitv residential. This type of development allows for clustering of units oriented back from County Road 19 and the inherent impact of high traffic volumes." By reorienting and clustering the residential units as we have proposed, seems to maintain the intent and integrity of the Com- prehensive Plan. By proposing only 3 units per acre also seems to maintain the intent and integrity of the Comprehensive Plan. Exhibit B APPLICANT'S LETTER - 3 JUNE 1991 . . 4. ~xisting tree cover. We have produced a drawing indicating the existing major tree location respective to the site. We need to request to postpone the final impact on these trees until the final number of buildings to be allowed plus the final building location is determined. Please inform us if this is workable. 5. Area tabulations. .0 a. Residential lots. The residential lots have not been com- puted but typically will be split from the street through the center of the common wall or sideyard and extend to the rear yard. b. Common open space. feet. The common open space-is 39,010 square c. Street right of way. square feet. The street right of way is 27,924 6. ~~~gln~P1an~ No staging plan is currently in place. 7. Provisions for ownership and maintenance of common open space. We will address this issue within the Homeowner's Covenants. . We hope these items provide the final information you have requested. Thank you. s~JLC-e rr1'!, /l 7 / .' // ~&~~ I John' B'l umen tri tt \ ,. ' / \ B~ye~ Building Corporation '--..~ o. '> 2 e e FILE C02Y Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council e. FROM: Brad Nielsen DATE: 2 March 1991 RE: Gideon' s Co~opOSed Comprehensive Plan: Amendment - Preapplication /". ------ -~---~-- -,'_.~.. FILE NO.: 405 (91.05) BACKGROUND e Boyer Building Corporation is the owner of six of the eight lots in the Lawtonka subdivision (see Site Location Map - Exhibit A, attached). They propose to build 10 attached homes on three of the lots and dedicate one of the lots as common open space (see Exhibit B). Since this type of project is not consistent with either Shorewood's Comprehensive Plan or the current zoning of the property, the applicants must fIrst seek approval of an amendment. to the Comp Plan and ultimately an amendment to the Zoning Ordinance. The property is currently zoned R-1C, Single-Family Residential. In this district single- family homes are allowed on lots no smaller than 20,000 square feet in area. This zoning is consistent with the City's Proposed Land Use plan for the area in question, which recommends residential development at two to three units per acre. Land use and zoning surrounding the site are as follows: north - H.C.R.R.A. r.o.w., then single-family residential; zoned R-1B east - single-family residential; zoned R-1C south - single and two-family residential; zoned R-2A west -large pond, then two-family residential; zoned R-2A Attachment 1 STAFF REPORT - 2 MARCH 1991 A Residential Community on Lake Minn -,~,-_._~.;.;.::.:....:;.:;,;.;:.;~~'""'- e. . . . Re: Gideon's Cove Compo Plan. Amendment 2 March 1991 As indicated in a narrative prepared by the applicant (Exhibit C), they intend to market the project to seniors, or "active adults", fifty-five years and older. The four lots proposed to be used for this project contain a total of 96,925 square feet. Since Shorewood uses the 40,000 square foot lot as a basis for density (the "Shorewood acre"), the proposed density for this project is 4.13 units per acre (40,000 square feet). ISSUES AND ANALYSIS The Comprehensive Plan amendment process consists of two steps: 1) preapplication; and 2) formal application. The preapplication stage is intended for the applicant to present his proposal, on an informal basis, to the Planning Commission and City Council. This part of the process is not intended to commit the City to the project, but rather to identify issues which should be addressed in a formal application. Based upon -feedback from the Planning Commission and City Council, the applicant determines whether or not to proceed with a formal application to amend the Comprehensive Plan. According to the applicant this project is intended to serve one segment of the elderly housing market - those 55 years old and up. In considering this proposal, it is suggested that the following issues be considered: A. Definition of Elderly Housing. For more than a year, Shorewood has discussed the need for elderly housing. The concensus among both Planning Commission and Councilmembers is that Shorewood needs to provide additional housing opportunities for senior citizens in Shorewood. What has yet to be determined is what constitutes elderly housing. Our current Zoning Ordinance defines "Elderly Housing" as: "A public agency owned or controlled multiple-dwelling building with open occupancy limited to persons over sixty years of age. " The applicant's project is geared toward adults 55 years of age and older, presumeably with greater than average fmancial resources (proposed prices of the units are in the $200,000 range). B. Density. In talking with various developers of elderly housing projects over the past year, it has become clear that Shorewood will have to consider higher density than what is currently allowed, in order to attract an elderly housing project. Currently, approximately one-half of the city is zoned for one unit per acre, with the remainder at approximately two units per acre. - 2 - !~ . . Re: Gideon's Cove Compo Plan. Amendment 2 March 1991 While Shorewood has historically favored low density development, there has been a consensus among City officials that a certain density of elderly housing units has a different impact on the community (Le. traffic, demand for schools and parks, etc.) than the same density of family housing. e. C. Traffic. One of the reasons that higher density may be acceptable for elderly housing is that the elderly typically generate less traffic, depending on the particular segment of the elderly population being considered. For example the older the resident, the less likely they are to have children living at home, resulting in fewer trips per day. Fifty-five year old couples could very likely have children of driving age living at home. This issue is somewhat critical for the site in question. Although located near County Road 19, access to 19 via Timber Lane has been noted as marginal. D. Age Restriction. If the City allows a higher density to encourage elderly housing, how can it be assured that the project will be limited to the elderly? The Federal Fair Housing Act was adopted to prevent discrimination in housing based on age. While the details of the Act are not available as of this writing, it is our understanding that it only allows limitations on age if the project provides services exclusively for the elderly (e.g. care, transportation, etc.). . If the applicant proceeds with a formal application, he should identify what assurances there would be that the project would be limited to the elderly. E. Site Considerations. The applicant proposes to build 10 units on three previously platted lots. In order to fit the units on the site, the applicant has reduced the front yard setbacks down to as little as three feet. As such, cars parked in the driveways would actually be parked on the public right-of-way. In the past, the minimum front yard setback the City has allowed on a public street is 25 feet. The project also results in mixing attached and detached housing. The applicant owns the first two lots, but Lot 6 at the end of the cul-de-sac is owned by someone else. F. Zoning. The current zoning of the property does not allow attached housing. In order to allow the four and five-unit buildings proposed, the zoning would have to be changed to R-3B, Multiple-Family Residential. Since this would constitute a "spot zoning" the City may wish to consider amending the Zoning Ordinance instead to allow elderly housing within existing zoning districts. Planned unit development is another approach which could be used. - 3 - .~-~ e. e e . Re: Gideon's Cove Compo Plan. Amendment 2 March 1991 RECOMMENDATION When the applicant initially discussed his proposal with staff, it was suggested that it be presented to the Elderly Housing Committee for their input. The consultant to the Committee suggests, however, that the Committee not see specific proposals until after they complete their report on the need for elderly housing in Shorewood. This report is due to be completed in late March or early April. It is recommended that if a formal application is pursued, it should be referred to the Elderly Housing Committee for a recommendation. cc: Glenn Froberg John Blumentritt -4- .~ ~.; . cc_~ - mc,l \)\.-". . L-"~ M,,,V'.ctot\ K~ I. :-No~'" . Il't= ~e;t::>' , , , , ("3'3) ~ \ ~~ L\ ..'\ '" ~.. . \..1\ ,- "".' / f:-: [..'-.... <#'~ \. - R!di::WAT l (17) , un Exhibit A . .- ','" SITE LOCATION ",-~' ;-~~~--., . Gideon's Cove-Proposed Comprehe!lsiv: ~!~;r .: -"'. ..1 .~_-'~. ~- -~;;~,11>:-"'--:,"'~;."- --Amendment . ,,-.-.., ,::. ~ t--. . ..-::'t::-". J-_-:'.{-' rj. \ ( . 6 . . .. t- . , , .~ ~. J. l ;ii;'~~~~~~~ . ~.. ';:.I~flf\1~J~ . ~,~ ~~';.' ~~ ~,.,. ~loIrt?>"~ /L 'j, ..j.;' '~~~;. -1' '-illq~::~U; ;: \....~.~, ~ 1[2L.....H~ .t~;.~:~.Ui(...,'! " :ld.~.r~ . . - " ,'~" I .#.19' 7 ~ r13I!..!.-.J.. ~/i1--7~ 7 c --'-r- / / /1 / .;" If:~ IL ! II ", 1i.: ,J / 1,', / ,'~d .1.yoi- " rl . / Ii / ..;J j I~;:_:< I' " , I I:, r ./. I ... -~ '. t I ..' _.._ J;! / ! I, --;-''--:.--'' --: r -1 'J r-' i ,/1 I / j~ j' 1/ ~,'" / / I ~ I, ....' / I '/ . .'^ I I :. I / .'" / I ., . I ,.: ;" / / / u; I~-4; /i " .J "_.... L ! ~.:- I . I "',r.- /' riO", . / i . I iAj.,,;~;.tl f.1. . ' /! ,'.~' i .:'" ~ .( . .---/.' /"." "'..' I ,,-../ / '-"''''.~...._,_. ....-. ........ I"~. / j .. -; \l ~ . 0 . ~+- . ~1- o 0 :; -:z. . . ~" , I ttJ .~ : <S:. . -1 .,t / "''----- - . I i . ~ . ,\/ /" """ f ~- - "1 r;\,ui . ~ C L "1 I O.....~Jr ,; r\ ~ \, . 0.' ~~ ~ :',l f..~ \. i -: -^!" ~~ t . .,: : ~ < ~ VI \--1 11. ' .' · t. .' ~_. "0 .' . . .-'"................../ I ! ",. - ... _.- .---.. I " .... ..../. /.~ /0 . ',__._ ~'---"':: .--". / -....- . "--..- ..-..... -.- . ./ -. r I r'--"".' I t I I~ J i --_.. ..-.... ----.. -_.. / / / ~ I / ~ I i , / ~ ,- ! " , . / ,. [-"'f I r 'I' 1. G '.' 'I rt' I . ~ ~. r a~ t:. t.l, 1;"; l'~. ;J i I, ...-.~. . - - . .' ...... ....~-._.._. ._.._~..- -_. -0 ( ~ Exhibit B .!~. PROPOSED SITE PLAN 03/131/91 12:136 2: 475 213135 SOYER SLOG. CORP p.e2 .. . Building Corporation .. . 18283A Minnetonka Boulevard · Wayzata. Minnesota 55391 · (612) 475.2097 They are called "active adults". They are 55-plus and they are looking for the continued good life. With their numbers set to swell by apprOXimately 12 percent during the 1990's (according to the U.S. Census Bureau projections), they spell both oppor- tunity and need for many communities. These active adults, with more descretionary income per capita than most other age groups, are demanding luxury, convenience, location and security as never before. And on their heels are the 20 million plus baby boomer households whose members will start turning 50 during the 1990's. By the ~nd of the century, the mature move-up segment of the market may account for . 55 percent of new housing needs. As the boomers approach middle age and retirement, communities need to devise new concepts to retain or attract these individuals, plus facilitate the loca- tions they will demand. Boyer Building Corporation now looks to you and your community for support. Most of these individuals are considering "moving down". They are moving down from their large single family dwelling, looking for housing that will still be new and upscale, but not requiring the time and effort of maintaining the large single family dwelling. We need locations for these individuals that are not adjacent to commercial locations or super highways. They want to be as much a friendly part of a neighborhood as the single family counterpart and need the location opportunity. ~n the past few years, new generations of attached homes have come into existence. These homes respond to the particular demands of their site, taking advantage of views and slopes, and opening up inside so sunlight and space flow freely. They also deal with issues of density and privacy by carefully connecting units so each one reads as a home with it's own entry and sense of place. Creative landscaping, including berms, fences, gates, trellises and plantings, helps show what is public and what private, many times with better definition then the single family residence. We are excited about Gideons Cove in Shorewood. be a terrific addition to your community. We know it will Exhibit C PROJECT NARRATIVE . . FilE "~.; .B' ra el \..J OUNel L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council .. FROM: Brad Nielsen DATE: 5 May 1991 RE: Glaeon' s Co~ Comprehensive Plan Amendment - Revised Preapplication FILE NO. 405 (91.05) BACKGROUND . In March of this year Boyer Building Corporation appeared before the Planning Commission to present plans for a 10-unit townhome project called Gideon's Cove. Based upon their discussion with the Commission, they have revised their plans, and now propose 14 two- family units (see Concept Plan - Exhibit A, attached). Whereas their previous proposal included four of the lots in the Lawtonka plat, the revised plan includes all of the land in Lawtonka, including the lot which currently contains a single- family dwelling on it, and two outlots which form a penninsula on Gideons Bay. They also show a future two-unit building on Lot 6, which is not currently owned by the applicant. ISSUES AND ANALYSIS In a staff report dated 2 March 1991 a number of issues were raised relative to the applicant's proposal. It should be noted that while they still intend to market the project to the 55 years and older segment of the population, they have dropped the reference to elderly housing. The following issues pertain to the revised concept plan: A. Density. The initial plan proposed a density of 4.13 units per acre. By including more land in their project, they have reduced the density to just under three units per acre. As noted in the applicant's letter, dated 5 Apri11991, the amount of land they have would allow 14.85 units based on three units per acre. Attachment 2 STAFF REPORT - 5MAY 1991 A Residential Community on Lake Minnetc e e Gideon's Cove 5 May 1991 Page two B. e. C. . This reduction in density brings the project within the proposed density recommended by the Comprehensive Plan, and eliminates the need for a Comp Plan amendment. As proposed, the project can now be processed as a rezoning. Traffic. The traffic generated by the existing six single-family lots would be 8-10 trips per unit, per day, or 48-60 trips in total. The trip generation per unit for attached housing is somewhat lower, 6-8 units per day. Based on this the 14 units would result in 84-112 trips per day. If the two future units were built the project would yield 96-128 trips per day. Site Considerations. One of the issues raised with the previous plan was .the proximity of the proposed buildings to the existing street. This is still considered a problem. The buildings are as close as four feet from the right-of-way. Some of the units have as little as six feet of driveway between the g~age and the r.o.w. Cars parked in these driveways would extend into the street. While the P. U.D. provisions in the Zoning Ordinance allow units to be 15 feet from the curb of internal streets, this was intended for private circulation systems. For public streets a minimum of 25 feet of setback is recommended. There does appear to be enough rear yard area to move the buildings back. Side yard space is also inadequate. Buildings are as close as 10 feet to one another. Assuming the project would be processed as a P.U.D., the buildings could be no closer than one half the sum of the building heights. Also, the way the buildings are angled with the street, they appear as one long building mass as viewed from the street. The City will have to decide if the open space provided by the empty lot on the south side of the street makes up for this lack of open space between buildings. D. Zoning. In order to proceed the only type of zoning which would accommodate this project is Planned Unit Development. This could be done in one of two ways: l)rezone the property to R-3B and process a conditional use P.U.D.; or 2)zone the property P. U .D. The latter approach would provide the assurance that the project would be built as proposed. RECOMMENDATION Based on the preceding analysis a number of issues remain to be resolved if the project is to proceed. Given the open space considerations, some reduction in density may still be necessary. Even though a Comprehensive Plan amendment is no longer required, it is suggested that the developer meet with neighboring residents to gain their input prior to a fOrmal public hearing. If agreeable to the Planning Commission, the project should be submitted as a rezoning to P.U.D district. cc: Jim Hurm Glenn Froberg Joel Dresel John Blumentritt .. .L I .' -. C:OUI'fTT ft.CAD /'1 . (' 1'1 . . . ..: . {"~ ; ~ '. ',.' . t., Exhibit A REVIS - ED CONC Gideon' EPT PLAN S Cove - ;~ . . Building Corporation 18283A Minnetonka Boulevard. Wayzata. ,'..\innesota 55391 · (612)475-2097 April 5, 1991 . r.t!:'. Brad Nielson City of Shorewood , . 5755 Country Club Road Shore~, MN 55331 RE: Gideons Cove revised site plan. Dear Brad, We have made the final adjustrrents to the concept site plan for Gideons COve. As you can observe, we have changed from the larger, attached structures to side by side design. We have also studied the use of the balance of the land as !;€I" the Planning Ccmnission's request. . Our COll'pUtations for the land area is also infoJ::Itlation we wanted to pass on to you. If the main building site ("181,274 sq. ft.) plus the T:iml:er Lane outlot (7,600 sq. ft.) plus the peninsula (16",810 sq. ft.) were to :Be our total land area, we would have a total of 205,684 square feet. This figure divided by 40,000 equals 5.14 acres. FE have mli.tiplied the 5.14 tirres 3 units per acre for a total of 15 units allowable. If the Timber Lane outlot is not allowed (-7,600 sq. ft.), a total of 198,084 square feet vnlid be the total site. This figure divided by 40,000 ti.nes 3 equals 14.85 units total allowable. In the canputations, we have not included the 28,000 square foot schaffer site. Please note, however, we have indicated two units for future developrrents. '!hank you for all your attention. We will contact you regarding our upcoming rreetings. ,. . ds ..' ",-,m/ft-tl/1 Ja / lUI'[EIltritt i(.-f!J ;seYer Building Corporation .-------- Exhibit B APPLICANT'S REQUEST LETTER .. . e. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 7,1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE TWO Chairman Benson suggests moving the building late at night. Otting said it would be better to move it during the day and allow it to be parked until 1:30 a.m., at which time it could be taken onto Highway 7. He suggested that they may go west on Highway 7 instead of east. Rosenberger moved, Pitney seconded to approve the house moving permit subject to the City Engineer's recommendations, and that if the house must be parked while waiting to get on Highway 7, that the mover obtain the permission of the affected property owner. Motion carried 4/0. GIDEON'S COVE - COMPREHENSIVE PLAN AMENDMENT - INFORMAL DISCUSSION (continued from March 5. 1991) APPLICANT: LOCA nON: Boyer Construction (John Blumentritt) - Lawtonka Addition (west of Timber Lane) Bob Boyer presented a revised concept plan showing 14 units (seven two-family dwellings) on the six lots in Lawtonka that they control. Schultz asked what their plans were for the penninsula outlots. Boyer felt that they would be deeded to the first two units on the east end of the project. Schultz then asked how they propose to control what age group buys the units. Boyer said the units would be marketed to and designed for people in the 55 years and older catetgory. Liaison Stover asked what about the project appeals to "active adults". Boyer listed the following: -proximity to recreation facilities - the trail -established community -physical security - fmancial security (home ownership) -proximity to family and friends -location in a residential neighborhood -unit design -2- ~'I ~~OV'.'? 0:N~ 5-1-~f\ Attachment 3.. . PREVIOUS PLANNING COMMISSION 'MIN01'ES; I ~.. _~_ _' _--'---.1 . . r . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 7, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE THREE Nielsen asked if the density calculations included the right-of-way for Lawtonka Drive. Blumentritt responded that they were considering asking for the road to be private. Nielsen said that a private road raises a number of issues: 1) they do not control all of the property which accesses the road; and 2) they have to demonstrate why vacating the road would be in the public interest. Pitney stated that he appreciated the approach and felt that the revised plan was improved over the original one. e. Schultz feels the density is too high and that the increase in traffic would be unacceptable. Pitney agreed that the houses were too close to the street. Blumentritt suggested keeping the street public but allow private:-maintenance. Boyer questioned the trip generation figures. Rosenberg summarized his concerns: 1) density; 2) too little space between buildings; and 3) have they considered fewer lots (e.g. 10 or 11 units)? . Blumentritt asked the Planning Commission if they felt the project has merit. Schultz - no, Benson - possibly, Pitney - likes concept, density is perhaps too high, buildings too close to road. MATTERS FROM THE FLOOR There were no matters from the floor. REPORTS Stover mentioned that there would be a joint meeting of the Council, Planning Commission, and Senior Housing Study Task Force on 21 May at 6:30 p.m. ADJOURNMENT Schultz moved, Benson seconded, to adjourn the meeting at 10:00 p.m. RESPECTFULLY SUBMITTED Bradley J. Nielsen Planning Director -3- .~ CITY OF SHOREWOOD . PLANNING COMMISSION MEETING TUESDAY. MARCH 5. 1991 COUNCecHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 Mr. Ellis Pike - Country Club Lane was concerned that this conveyance of property would set a precedent for other boundary line disputes. He said there are many other boundary disputes surrounding the golf course. Nielsen said there would be no precedent set. The owners of the property all agree to the settlement otherwise. it would not be processed. Benson said this type of property swapping has been done before in the City. Benson closed the Public Hearjng at 8:25 P.M. e. Schultz asked if this increased any setback deficiencies. Nielsen said the conveyance of property should improve the setbacks. Pitney asked how these disputes started. Penberthy - said they represent a line of use that goes back for many years. The surveys are in agreement but not the line of use. Jay Venero - Seamans Drive - said these lines ~ave been occupied for over 50 years. Bongaards moved. Pitney seconded. to recommend the City Council grant the Simple Subdivision/Combination and Variance for Minnetonka Country Club subject to review by the City Attorney and City Engineer. Motion carried -,5/0. . GIDEON'S COVE - COMPREHENSIVE PLAN AMENDMENT - INFORMAL DISCUSSION APPLICANT: LOCATION: BOYER CONSTRUCTION (John Blumentritt) LAWTONKA ADDITION (West of Timber Lane) Bob Boyer of Boyer Construction presented the proposed rezoning plan. Boyer Construction proposes to build 10 attached patio homes in the Lawtonka Subdivision. These homes would be marketed to the 55 and older age group and would be luxury patio homes. Eight homes would walk out toward Gideon's bay and the others would overlook the wetland. He said there is a softening of the luxury housing market and there is a need for this type of housing. He said Shorewood is looking at elderly housing and this proposal could be what they are looking for. Schultz asked who owned the property East of the site. Boyer said they own the property but it would not be part of the development. Schultz also asked if the homes would be for sale or rent. Boyer said they would be sold. Schuftz said he could not discriminate in his sales. Boyer said the homes would be in the higher price range. $250-300.000. and would eliminate the first time buyer. He said the marketing of the project wouid be directed to the 55 and older age group. .., ~ ~i J,eo",,'S G ov.f..., ~ - S -'I t 4 CITY OF SHOREWOOD . PL~NNING COMMISSION MEETING TUESDAY, MARCH 5, 1991 COUNce CHAMBERS 5755 COUNTRY CLUB RO~D PAGE 5 Rosenberger asked how large the homes would be. Boyer said they would be a one story walk out with 1300 Sq. ft. Schultz said there are many other rental properties in the area.' What would prevent these homes from becoming rental property? Boyer said there will be an association to preserve archtectural integrity and upkeep. Pitney said there would be a much greater density of housing with this project. .. Boyer said the project will be an asset to the community and not detrimental to the residential sites. Rosenberger asked the Realtors if the homes would sell. Dave Truax - Burnet Realty- said the price level, view of the lake. walking path are all amenities that will appe~l to elderly residents. Schultz asked why they did not market this property years ago as upper bracket homes, the same amenities apply to single family buyers. Boyer said the property was not marketed because there is an overabundance of luxury homes in the area. Boyer Construction would rather provide for the current need than add to the unsold luxury market. . Bongaards said there is similar housing in Wayzata; has it sold? Truax said it has been very successful at the $160,000 price range. Benson said this is not his concept of elderly housing. He said elderly housing should be reasonably affordable. He said this project is really a P.U.D. Schultz said the neighborhood was receptive to the original plan. He does not think this new plan is in the best interests of the neighborhood or City. Boyer said this zoning fits with the surrounding area. He would like the Commission's input. Benson said he does not like the idea of using an elderly housing definition to increase the density of a project. Bongaards asked if ~esbury was marketed as elderly housing. Council Liaison Stover said the developers of Amesbury had a composite of the type of individual who would buy their homes. Rose~berger said he does not consider this project an elderly housing project and is offended by the proposal. John Blumentritt ,- Boyer Construc-tion- asked Rosenberger what he would 1 ike to see. '. .~ 5 CITY OF SHOREWOOD . PLANNING COMMISSION MEETING TUESDAY, MARCH 5, 1991 COUNC~HAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 Rosenberger said Boyer should decide if this is a P.U.D. Nielsen said, if this is not an elderly housing project, Boyer will have to justify the need for greater density on the property. Their current proposal asked for a density of 4.13 units per acre. Blumentritt said there is a need for this type of project in the area. He said the price range has not been set. Boyer said this approach is a better use of the land and will sell better. If there is a decrease in density, there will be an increase in price. e. Truax also said the market for luxury single family homes has decreased. The Commissioners told Boyer that they should not define this project as an elderly housing project and they should look at the density. Blumentritt asked what the Commission thought elderly housing was. Rosenberger and Benson thought it should be le~s than the $300 - $400,000 Boyer proposed. Nielsen said the City is in the middle of an elderly housing study and is defining the elderly population as closer to retirement age. Blumentritt said there are different ideas about the elderly population and Boyer is considering the segment from 55 to 64 as active adults who want a smaller home. . Nielsen said Boyer should talk to the neighbors before they make a formal application for amendment and come back to the Planning Commission. MATTERS FROM THE FLOOR There were no matters from the floor. REPORTS Stover reported on the negotiations with Trivesco concerning the TIF development plan. She said Trivesco has agreed to a 9%_interest rate and the contracts w.ill be signed tomorrow, March 6, 1991. She said, if the costs of the project are higher, the City does not have to sell the bonds. but it will forfeit the $99,000. Shorewood will ask Sherman-Boosalis for the $53,000 it owes the City and then will assign the collection of the money to Trivesco. - Nielsen said the Council reversed the Commission's decision on the Miller Fence Height Variance. i -6 . . > Minutes Planning Commission Meeting 1 March 1988 8: 00 P. M. PUBLIC HEARING - REZONING AND PRELIMINARY PLAT (LAWTONKA) Joe N. Boyer and Sons - 5580 Timber Lane Planner Nielsen reported that Mr. Boyer is requesting a rezoning of approximately 4.76 acres from R-1A to R-1C. He stated that the proposed density is compatible with the Comprehensive Plan. Mr. Boyer then proposes to divide the property into 7 single-family residential lots. with an average size of 25,240 square feet. Nielsen added that Mr. Don Shafer of 23880 Smithtown Road, who is conveying most of the property Mr. Boyer is platting, should include the portion of land he will retain as Lot 8 (Mr. Shafer's residence) . Public portion of the public hearing opened at 9:01 P.M. ~ke Arvidson, 5595 Timber Lane, said he objects to the location of the proposed . cul-de-sac because it will end up across from his driveway. Mr. Arvidson said he feels the cul-de-sac should cut across the R.R. r.o.w. and access Timber Lane. He also objected to the rezoning saying that the proposed lots are too small. Planner Nielsen said that previous requests to cross the R.R. r.o.w. have been denied by the Railroad Authority. :- Steve Haskins, 5455 Timber Lane. questioned where Lot 8 would be and where City water would come from. Planner Nielsen pointed out both on the plat. He also questioned some docks shown which he said do not exist. Larry Hansen of Schoell and Madson Engineering said he made the plat from an old topography on which the docks were shown. Lee Webster, 5525 Timber Lane. asked if any lots will have direct access to the shoreline. Mr. Boyer said none have direct access. ~teve Haskins asked what the market values will be of the homes to be built. Pete Boyer said they will range from $350.000 to $450,000. Rob Schultz, 23780 Smithtown Road, said he has no objection to the request. including the location of the cul-de-sac, and would like to use the new road to access his property. Dan Puzak, 23830 Smithtown Road, said he supports the project and would also like to access the new road, however, he said he would prefer 30,000 sq. ft. lots. Mike Arvidson said John Cross was able to obtain r.o.W. from the Railroad Authority to access his Yacht Club. Lee Webster said he would like to have City water brought into the area. Public portion of the public hearing closed at 9:21 P.M. Schultz asked for clarification of the lot lines containing Don Shafer's property. Planner Nielsen pointed out same on plat explaining that Mr. Shafer's residence will be located on Lot 8, and Mr. Shafer will also retain ownership of a separate parcel to be platted ~ Lot 6 (a separate buildable lot accessing the new cul-de-sac), however, t~e current.-lot lines of Shafer's property will need to be reconfigured for proper lot w::Ldth as Lot 6. - 3 - 1-~~ -tDt'\ K", o - 1- ~~ ;-. .~. f . . Minutes Planning Commission Meeting 1 March 1988 Rezoning and Preliminary Plat (Lawtonka), continued: Leslie moved, seconded by Benson, to recommend to Council approval of the rezoning from R-1A to R-1C. Schultz questioned the proposed value range of the homes on 1/2 acre lots. Pete Boyer said this works the best for them. Planner Nielsen cautioned the Commission tha there is no guarantee that the stated value range will definitely be built. Motion carried unanimously by roll call vote - 5 ayes. Schultz moved, seconded by Leslie, to recommend to Council approval of the preliminary .lat subject to recommendations in the Planner's report (listed below), reconfiguation of he width of Lot 6, and that the two separate lakeshore parcels be assigned by covenants exclusively to Lots 1 and 2. .. Planner's recommendations: 1. If the lot line between Lots 6 and 7 is to be changed; the lot line should remain straight and radiate from the center of the cul-de-sac. Lot 7 should retain at least 20,000 square feet of area even if it requires shifting the road somewhat. 2. Access to the new street by the two lots south of the plat should be encouraged. 3. Grading, drainage and utility plans must be subject to favorable review and comment by the City Engineer. Grading and drainage are also subject to approval by the Watershed District. The applicant must submit up-to-date (within 30 days) title op~n~ons for the two parcels of land for review by the City Attorney. This should clarify the easement issue. 5. The final plat should include the portion of Mr. Shafer's property with his house on it as Lot 8. 6. Once a final plat is submitted, the staff will prepare a standard development agreement for the project. 7. Park dedication fees should be subject to the Park Commission's recommendation. Fees would amount to $3000. Credit is allowed for the house on Lot 1 and Mr. Shafer's residence. Larry Hansen said that Mr. Boyer will widen the r.o.w. to accommodate access to the new road by existing lots south of the new road. Schultz amended his motion to include the requirement that the two properties south of the new road arrange access to same. Robertson seconded. Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 14 March 1988. '.~ - 4 - e e FILE COpy r; '(}.' .,__:~ \."1. /~...-,. ,..~ ( ....., ,j - '---. ,,' '..... ........-.- q I', J ^ 7 1001 Harjorie Yaeger 5445 Timberlane Shorewood, MN 55331 e. June 25, 1991 Re: Gideon's Cove - Lawtonka Our home on Timerlane was built in 1958. At that time we were surrounded by tall trees, open fields and much land yet to be developed. e It was inevitable that the open properties would be developed into building sites but what we were not prepared for was the type zoning that developed before home construction took place. Not one single family home has been built in the areas surrounding my home in the 33 years I have lived here. Please, I beg of you, deny this request for double homes which means being surrounded by more rental properties. Sincerely, (l~1 <L/ 1f;tLff ff- Nar jorie YaegeLr Brad Nielsen Mayor of Shorewood City Council ~ e . JUN 2. 6 \99\ I-- ,/ . " ~~,':"~C;J FILE COpy Ed Yaeger r!~)-0 F~ 1..) 01 5445 Timberlane Rd. Excelsior, MN 55331 June 21,1991 e. Mr. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood. Mn. 55331 Dear Mr. Nielsen: This letter pertains to Boyers' "Plan Unit Development" and the effect this project would have on property owners on Timberland Road. e The project developer orig~nally asked for and received permission from Planning Commission for Zoning R-1C. single family residential. This zoning is reasonable and desirable for the area. This developer is now requesting a new zoning, namely. "PUD" (R-3B). commonly called "Townhome". This type of property gives ownership to buyeroof- land under dwelling and common areas. also would require an associat~on. This zoning also gives the developer a larger potential profit from the land. This rezoning we are opposed to. It would lower Timberland Road property values. would create, high traffic density and will be a detriment to the area. Considering the above and its undesirable aspects. posed to this rezoning. uly. r~r~ :t{e ~ c., .. MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM . TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 29 August 1991 RE: Neitge Addition - Preliminary Plat FILE NO.: 405 (91.15) BACKGROUND . Mr. James Neitge proposes to subdivide his property, located at 25985 Smithtown Road (see Site Location map - Exhibit A, attached), into three lots. The property is zoned R-1C, Single-Family Residential and contains approximately 71,686 square feet of area. It is currently occupied by the applicant's home and detached garage. The proposed division, shown on Exhibit B, results in two lots fronting on Smithtown Road with the remaining lot having its access from Smithtown Lane. It should be noted that a three-lot division would normally be processed as a simple subdivision. Since the land is torrens property, it is being formally platted in order to be recorded with Hennepin County. ANALYSIS/RECOMMENDATION The three proposed lots meet or exceed the 20,000 square foot area requirement, the 100 foot width requirement and the 120 foot depth requirement imposed by the R-1C zoning district. As can be seen on the preliminary plat, the applicant has provided 10 foot drainage and utility easements around all of the lots, as required by the Subdivision Ordinance. A Residential Community on Lake Minnetonka's South Shore fo " Re: Neitge Addition Preliminary Plat 29 August 1991 Since the existing garage interferes with the division, the applicant proposes to relocate it immediately south of the existing house. All structures will then comply with R-1C setback requirements. Sanitary sewer service is available to Lot 3 from Smithtown Lane. Lot 2 will require a service stub, but sewer is available from Smithtown Road. The plat meets or exceeds the minimum requirements of Shorewood' s Zoning and Subdivision regulations. It is therefore recommended that the preliminary plat be approved . subject to the following: 1. A final plat must be submitted within six months of Council approval of the preliminary plat. 2. With the final plat the applicant must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the final plat, the applicant must pay $1500 in park dedication fees (credit is given for the lot with the house on it). 4. The applicant must pay sewer equalization charges, prior to release of the final plat. . 5. If the applicant proposes to record the plat prior to moving the existing garage, he should provide an escrow deposit in the amount of $1000 to guarantee that the structure will be relocated in no more than six months. BJN:ph cc: Jim Hurm David Sellegren Joel Dresel James Neitge - 2 - ~ ..g........ - - s:; ~_@h7A .. 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',-../ :..-/. ,-.. , ( I -- I I. I '- , ,-_I r-'" I ,/ ,..... I \ L--' \ MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 . MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 29 August 1991 RE: Zoning Ordinance Amendment - Elderly Housing FILE NO. 405 (Housing - Elderly) . Attached is the second draft of the proposed Zoning Ordinance amendment which addresses elderly housing. Changes from the last draft are relatively minor and are shown as follows: 1) deletions are struck out; and 2) additions are underlined. This matter is scheduled for a public hearing on 3 September. If you have any questions please do not hesitate to call me. cc: Jim Hurm David Sellegren A Residential Community on Lake Minnetonka's South Shore 1 -S E CON D D R AFT - ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1: Section 1201.02, Subd. 5. of the Shorewood City Code is hereby amended by substituting the following definition in place of the existing definition of "Elderly Housing": . "ELDERLY HOUSING: A dwelling or group of dwellings where the occupancy is restricted to persons sixty-two (62) years of age or older, or which qualifies as 'housing for older persons' under the Federal Fair Housing Act." Section 2: Section 1201.03, Subd. 5.h.(8) is hereby amended to read as follows: "(8) Elderly Housing: Two (2) parking spaces per unit. " Section 3: Section 1201.03 of the Shorewood City Code is hereby amended to include the following: "Subd. 20. Elderly Housing. . a. Purpose: The purpose of this Subdivision is to provide opportunities for elderly housing within residential zoning districts and to maintain compatibility with other uses within those districts. b. Conditional Use. Elderly housing shall be allowed by conditional use permit in the following zoning districts: R-1A, R-1B, R-1C, R-1D, R-2A, R- 2B, R-2C, R-3A, R-3B and R-C. In addition the following conditions shall apply: (1) Elderly housing projects shall be processed as Planned Unit Developments (p.U.D.) in compliance with Section 1201.06 of this Code. (2) Occupancy of each dwelling unit shall be limited to no more than two (2) adults, sixty-two (62) years of age or older. Occupancy of dwellings which qualify as "housing for older persons" under the Federal Fair Housing Act shall be limited to two (2) adults. fifty-five (55) years of age or older. (3) To continue to qualify for the elderly housing classification, the owner, homeowner's association or agency shall annually file with the City Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of such building or buildings, listing the number of tenants or occupants by age, by unit. rev. 8-29-91 (4) Adequate off-street parking must be provided in compliance with Section 1201.03 Subd. 5. of this Code. Parking plans must show room on the site for at least one (1) garage space per dwelling unit. (5) Parking areas for five (5) or more cars must be screened and landscaped from view of surrounding residential property, in compliance with Section 1201.03 Subd. 2.g. of this Code. (6) All signing and informational or visual communication devices shall be in compliance with Section 1201.03 Subd. 11. of this Code. (7) All structures shall comply with the Minnesota State Building . Code. (8) The residential density of elderly housing projects shall not exceed the following: (a) R-1A and R-1B: Four (4) units per acre. (b) R-1C, R-1D, R-2A, R-2B, and R-2C: Eight (8) units per acre. (c) R-3A, R-3B and R-C: Ten (10) units per acre. (9) The minimum site size for elderly housing projects shall be four (4) three (3) acres. . (10) Dwelling units may be detached or attached. (11) Building heights shall be limited to one and one-half (1-1/2) stories in all districts except the R-3A, R-3B and R-C zoning districts in which buildings may be three (3) stories. (12) Where allowed, multiple-family elderly housing must have elevator service to each floor. (13) Usable open space as defined in this Chapter is equal, at a minimum, to twenty (20) percent of the gross lot area. (14) The provisions of Section 1201.04 Subd. l.d.(l) are considered and satisfactorily met." -2- Section 4: Section 1201.17 Subd. 4. of the Shorewood City Code is hereby amended to read as follows: "c. Nursing homes as defined in Section 1201.02 of this Ordinance, provided that: (1) Side yards are double the minimum requirements established for this District and are screened in compliance with Section 1201.03 Subd. 2. g. of this Code. . (2) The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. (3) All signing and informational or visual communication devices shall be in compliance with Section 1201.03 Subd. 11. of this Code. (4) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. (5) Adequate off-street parking is provided in compliance with Section 1201.03 Subd. 5. of this Code. (6) One (1) off-street loading space in compliance with Section 1201.03 Subd. 6. of this Code is provided. . (7) The provisions of Section 1201.04 Subd. 4.d.(1) of this Code have been considered and satisfactorily met. Section 5: Section 1201.19 Subd. 4. of the Shorewood City Code is hereby amended to read as follows: "e. Nursing homes as defined in Section 1201.02 of this Ordinance, provided that: (1) Side yards are double the minimum requirements established for this District and are screened in compliance with Section 1201.03 Subd. 2. g. of this Code. (2) The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. (3) All signing and informational or visual communication devices shall be in compliance with Section 1201.03 Subd. 11. of this Code. (4) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. -3- (5) Adequate off-street parking is provided in compliance with Section 1201.03 Subd. 5. of this Code. (6) One (1) off-street loading space in compliance with Section 1201.03 Subd. 6. of this Code is provided. (7) The provisions of Section 1201.04 Subd. 4.d.(1) of this Code have been considered and satisfactorily met. Section 6: This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this _ day of , 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk -4- ... ;, . . .. research Quik . A Study of Senior Housing Needs . Prepared for: The City of Shorewood May, 1991 Marketing answers for growing businesses. 3496 Shoreline DriH . P.O. Box 97 . :\'avarrc, ,\\:\, 55392 .612/471-9365 ....:..'. ... ~:.. ~. " The City of Shorewood rcsc:ln:hQuik ~linncap()lis, ,\linncsotJ. Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 THE CITY OF SHOREWOOD SENIOR HOUSING MARKET RESEARCH TASK FORCE SUMMARY REPORT MAY, 1991 I. BACKGROUND . In September of 1990, the City of Shorewood's City Council commissioned a study of the needs of Shorewood area retirement age adults for housing. The City appointed a special Task Force, mainly composed of retirement age adults. The members of the Task Force were as follows: . 1. Cathy Anderson 6110 Tee Trail Excelsior, MN 55331 7. Bob Lower 4760 Lakeway Terrace Shorewood, MN 55331 Lucy McDonald 5620 Howards Point Road Shorewood, MN 55331 Bill Maddy 5780 Christmas Lake Road Shorewood, MN 55331 2. Jack and Shirley Barnum 5740 Echo Road Shorewood, MN 55331 Jo Cunningham 28170 Woodside Drive Shorewood, MN 55331 Bob Gagne 24850 Amlee Road Shorewood, MN 55331 8. 3. 9. 4. 10. William Nilsen 20945 Radisson Inn Road Shorewood, MN 55331 11. R. W. Reutiman 5915 Galpin Lake Road Shorewood, MN 55331 12. Mildred Wendt 24955 Glen Road Shorewood, MN 55331 5. Bob Gardner 5655 Star Circle Shorewood, MN 55331 6. Barb Keffer 21035 Minnetonka Boulevard Shorewood, MN 55331 13. Vern Watten 5370 Eureka Shorewood, MN 55331 1 . . The City of Shorewood resean:hQuik .\linncapolis, Minnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 In order for the Task Force to become better educated on senior housing options and experiences, Task Force members toured three senior housing sites in February. These were: Lake Shore Village, a large multi-service campus with various residential options offered for older adults. It is located at Twin Birch in Spring Park. Elder Homestead, an assisted living housing project located in Hopkins on Highway 7. It was the first assisted living only housing project built in the Twin Cities. Parkshore Place, a high rise senior apartment building offering market rate rental apartments in St. Louis Park. The Task Force met-eight times between October and May of 1991 and worked with a consultant to conduct a study of the needs of area seniors. The study occurred in several stages. In the first stage, demographic data on Shorewood and surrounding communities were gathered. In addition, various reports available from government bodies were used to identify the housing needs of area residents as well as housing options in the area. In the second stage of the study, the consultant interviewed ten "experts" to gather opinion data. Some of these experts were employees of social, government or private agencies serving the elderly. Others were people who were retired and were residents of the area. Using an open-ended interview guide, opinions and information were gathered to help the Task Force gain some idea of housing options and needs in the area. In the third stage of the study, more than 1300 residents of Shorewood and the surrounding area who were 50 years of age or older were mailed a survey designed to gather their opinions on their housing needs. More than 400 surveys were returned. Results of the survey revealed that there were many adults who had retired or were planning on retiring in the area and that they had very diverse housing needs. Finally, in the last stage of the study, two discussion groups composed of a total of 26 retirement age adults who resided in Shorewood and the surrounding area reacted to various issues posed by the Task Force. These groups helped to prioritize the housing needs of senior adults and verified some of the findings of the earlier research. 2 ft1 IIlI The City of Shorewood n:scJ.rchQuik ~lil1ncapolis, "linncsotJ. Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 Following the completion of the various research activities, the Task Force met several times to discuss the research findings and to translate these findings into recommendations for the Council's recommendations. This report contains those recommendations as well as a brief summary of the findings which led to the recommendation. Due to their length and their degree of detail, the research reports which were prepared throughout the entire process are not incorporated into this summary document. A Technical Appendix for this project has been prepared in a separate . notebook and contains the following, detailed research information: . A copy of the original project proposal which was approved by the City Minutes of all Task Force meetings Demographic data gathered for the study Housing and service options in the area Key respondent interview findings Survey findings and a copy of the mailed survey Summary focus group findings and focus group questionnaires This report is divided into six sections which are as follows: . . . . . I. II. III. IV. V. Background The Growing Need for Senior Housing in Shorewood The Diverse Housing Needs of Retirement Age Adults Locating Housing Options for Retirement Age Adults Within Shorewood Providing Support Services for Senior Housing Options in Shorewood Financing Housing Options for Seniors VI. Sections II-VI contain several Maior Findings which the Task Force would like to communicate to the Council. Following the findings, there is a set of General Recommendations which the Task Force would like the Council to consider and discuss. 3 . The City of Shorewood researchQuik Minneapolis, ~1inJ1csota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 II. THE GROWING NEED FOR SENIOR HOUSING IN SHOREWOOD . One of the main reasons for the initiation of this study of area seniors was the perception that there had been significant growth in the number of retirement age adults residing in Shorewood. Demographic data, supplied by a reputable national demographics company which specializes in projecting population changes, conclusively demonstrated rapid growth in the numbers of retirement age adults in the area. Reports from the Metro Council illustrated the senior housing options in Western Hennepin County and also spoke to the need for careful housing planning for senior adults. MAJOR FINDINGS: 1. The Cities of Shorewood and Tonka Bay (which share the census tract) currently are estimated to have and also are projected to have more adults over age 55 residing in them than any other area cities. NAME OF THE CITY CENSUS TRACT NUMBERS 275.02 . Tonka Bay/Shorewood Deephaven G reenwood/Excelsior Chanhassen 274 275.01 905,906 ====================================================== PROJECTED GROWTH IN NUMBERS OF SENIORS 55 AND OVER 1980 1990 1995 CENSUS PROJ. EST. Tonka Bay/Shorewood 670 1,558 2,102 Chanhassen 577 1,291 1,755 Greenwood/Excelsior 1,012 1,200 1,290 Deephaven 766 1,329 1,620 ====================================================== 4 The City of Shorewood rcsemhQuik :-'1inncapolis, .\linl1csota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 2. The growth of the mature adults population, as a proportion of the overall population, has been greater than the population growth overall. The following two tables illustrate estimated and projected population growth for the four cities which were studied. Tanka BaylShorewood and Chanhassen have experienced explosive overall population growth while Deephaven and Greenwood/Excelsior have experienced only moderate growth. ------------------------------~----------------------- ------------------------------------------------------ . NAME OF THE CITY CENSUS TRACT NUMBERS Tanka Bay/Shorewood 275.02 Deephaven 274 Greenwood/Excelsior 275.01 Chanhassen . 905,906 ------------------------------------------------------ ------------------------------------------------------ PROJECTED GROWTH IN TOTAL POPULATION 1980 1990 1995 CENSUS PROJ. EST. Tonka Bay/Shorewood 4,646 7,906 9,522 . Chanhassen 4,903 8,189 10,146 Greenwood/Excelsior 4,530 5,325 5,718 Deephaven 4,242 5,496 6,122 ------------------------------------------------------ ------------------------------------------------------ ADULTS OVER AGE 55 AS A PROPORTION OF THE POPULATION 1980 1990 1995 CENSUS PROJ. EST. Tonka Bay/Shorewood 14.4% 19.7% 22.1% Chanhassen 11.8% 15.8% 17.3% Greenwood/Excelsior 22.3% 22.5% 22.6% Deephaven 18.1% 24.2% 26.5% ------------------------------------------------------ ----------------------:)------------------------------ " The City of Shorewood researchQuik Minneapolis, ,\linnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 3. The rate of growth of the mature adult population in Shorewood over the past ten years has been greater than any other adjacent city. In addition, It is a very close second to Chanhassen, the city which is projected to have the greatest rate of growth for the next five years. NAME OF THE CITY CENSUS TRACT NUMBERS Tonka Bay/Shorewood 275.02 . Deephaven 274 G reenwood/Excelsior 275.01 Chanhassen 905,906 ------------------------------------------------------ ------------------------------------------------------ PERCENTAGE CHANGE IN NUMBER OF SENIORS OVER AGE 55 1980-90 1990-1995 % Change % Change Tonka Bay/Shorewood 132.5% 34.9% . Chanhassen 123.7% 35.9% Greenwood/Excelsior 18.6% 7.5% Deephaven 73.5% 21.9% ----------------------------------------------------- ----------------------------------------------------- Taken from National Planning Data Reports, specially ordered for this study in November of 19.90. 3. Shorewood lacks virtually any type of apartment housing and is absent any housing targeted for the retired adult market. The nearest subsidized apartment housing is a senior apartment building located in Excelsior. Market rate rental senior apartment housing is located in Spring Park and Minnetonka. Assisted living housing is located in Hopkins and Spring Park. There are no nearby housing units which are smaller, built on a single level and wheelchair accessible which could serve as "step- down" housing for senior adults who would like to move out of their current homes. (See map on the next page which illustrates senior housing options in this are~) RI - The City of Shorewood rcscarchQuik .\linneapolis, ,\linncsota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 . Inetrista . -- - \] This map was taken from: Consumer's Guide to Housing Ootions for Older Peoole. March. 1988 Metropolitan Council Housing Program Subsidized Housing 1. Archer Heights, Minnetonka 2. Boardwalk, Wayzata 7. Edendale Retirement, Eden Prairie 9. Glen Lake Landing, Minnetonka 11 . Hillcrest Apartments, Loretto 12. Hillside Terrace, Long Lake 14. Indian Knoll Manor, Mound 16. Maple Terrace, Maple Plain 25. South Shore Communities, Excelsior 28. Westonka, Mound 7 Market Rate Rental 40. Elder Homestead, Minnetonka 44. Lakeshore Residence, Spring Park 48. Ridge Pointe, Minnetonka 51 . Twin Birch Villa, Spring Park . The City of Shorewood rcsearchQuik .\linncapolis, Minnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 . . 4. A report of the Metropolitan Council advises planners of housing to assess needs carefully before recommending the construction of new senior housing. There is a surplus of different types of housing in the metro area as a whole. The oversupply of apartment housing is likely to continue or even worsen as the baby boomers move out of apartments into homes. The population cohort which follows the boomers, called the "busters", are not as great in number and will not be able to fill up these empty apartments. Subsidized buildings still tend to fill rapidly and have long waiting lists. Yet, there are areas in the Twin Cities which are missing needed housing. Planning for housing needs should take into account the unique needs of the area while keeping in mind the overall city-wide surplus. GENERAL RECOMMENDATIONS: 1. The City of Shorewood should develop a policy statement to provide guidance to its development of housing restricted for the use of mature adults over the next ten years. This policy should express appreciation for the contributions made by the long-time senior residents of the community and should affirm the right of community senior citizens to housing which is dedicated to meeting their changing needs. The policy should address the fact that the population of the city's seniors is growing and that current housing options do not meet the retirement needs of senior adults. It should state the City's commitment to meeting these needs. In making a commitment to a uniform policy to guide the City Council until the year 2000, the City acknowledges the long time frame which is needed for development and construction of dedicated senior housing. Without a serious and enduring commitment from the City, it will be difficult to secure the development funds which are needed to build these housing options. The City should also state its intent to respect the needs of senior adults to remain independent in their own private homes as long as it is feasible. The statement of this intent implies exploration and funding of those community services which best support the independence of senior adults. Some of these services are discussed in Section V. of this report. 8 II The City of Shorewood rescarchQuik i\linneapolis, :\linnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 . 3. 2. A permanent Senior Housing Commission should be appointed to implement the policty commitment made by the City Council to senior housing options and supportive services. This Commission could provide advocacy for housing for this age group and guide development efforts to serve senior housing needs. It could also coordinate the need for housing with other services targeted to mature adults which are city sponsored and funded. It could act in an ongoing advisory capacity to the City Council in these matters. The Senior Housing Commission should develop and recommend a process to the City Council for updating information on the housing needs of senior adults in Shorewood and the surrounding communities. Since the population of seniors is expected to continue to grow rapidly, needs for housing can be expected to change over time as well. III. THE DIVERSE HOUSING NEEDS OF RETIREMENT AGE ADUL TS The Task Force identified three types of housing which are options needed to serve the diverse lifestyles and preferences of senior adults over age 55. These three types of housing were: . Step-Down Housing: this housing is smaller than the typical single family dwelling, private with its own entrances and exists and built on one level with a smaller yard. It is totally handicapped accessible and is located so that is has easy access to support services which are offered in the area. This type of housing can be a stand alone unit such as a "bungalow" or a "cottage". It can also be a part of a multiple dwelling unit such as a townhouse, duple.x or quadplex. Senior Apartment Housing: this housing is a multiple unit dwelling which contains special services for senior adults such as meals, planned social and recreational programming, health and emergency services and so on. This is the housing which is typically referred to as "senior housing". . Assisted Living Housing: this type of special housing offers very frail adults an apartment lifestyle but with professional staff to provide personal care and housekeeping support as needed. All of the housing options were discussed with community experts and were also included in a survey mailed t~ retirement age adults. All research sources 11 The City of Shorewood rcscarchQuik '\linncapolis, .\linncsota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 strongly support constructing housing units of the type described in the first option listed on the previous page Le. step-down housing. MAJOR FINDINGS: 1. Respondents to the mailed survey have lived in Shorewood or the surrounding area for an average of 27 years. 76% of the respondents stated they were planning on remaining in the area for the remainder of their retirement years. Less than half of these respondents leave the area for vacations. . 2. These loyal area residents moved to Shorewood when it was a rural community and have built a network of friends and associates which they would like to maintain through their retirement years. They express frustration when describing their efforts to locate housing in the community which is more suited to their retirement years. Shorewood seniors are fiercely independent and, according to survey responses, are still very healthy and able to do most activities of daily living with minimal help. In the group discussions, they were very vocal in expressing their desire to stay in Shorewood. 30% of the respondents to the survey would like to relocate from their present home in the next four years. If these respondents are representative of the area's seniors, there are about 600 households located in the ShorewoodfTonka Bay census tract which would like to move into something more suitable in the near future. 3. When survey respondents were asked to select the housing option which they would MOST LIKELY want when they relocated, they selected the option described as "housing which is somewhat smaller than the average home, all on one level, and could include bungalow-cottage housing" or step-down housing. 79% of the respondents selected this category of housing. . Another 17% selected the more traditional senior apartment housing option described in this question. 7% of the respondents thought they might need assisted living housing when they relocated. 10 ., The City of Shorewood rese~rchQuik "'linncapolis, i\linncsota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 The need for housing seems to match up with lifestyle and value choices of older adults. There appear to be three distinctly different market segments: The 65-80 year old retired couple who are healthy and active. The 80+ widowed female who is aging and increasingly unable to handle heavy chores, but is otherwise healthy. She may be lonely and have security concerns. The older person of either gender who has a special health need. . . As the life expectancy of males increases due to changing health habits, there will be many more couples who reach retirement age together and are not interested in apartment housing options. GENERAL RECOMMENDATIONS: . The City of Shorewood should promote the development of housing options for mature and retirement age adults within the city limits of Shorewood. The housing option which currently has the greatest support of area seniors is bungalow-cottage, step down housing which is specially built to accommodate retirement age adults. Special features could include housing built on a single level without any stairs or steps, housing which is fully handicapped accessible and housing which retains a small yard. Also important to seniors is a sense of privacy about their housing. They like private entrances and exits to their housing and dislike "long hallways with many doors' of the kind found in apartment buildings. 2. Multifamily apartment type housing should be constructed in Shorewood to meet the needs of people who prefer to live in a building with other senior adults. Many senior adults are female and widowed. They seek out apartment housing to reduce their sense of isolation (to meet social needs) and to increase their sense of security or safety. Many outdoor chores are difficult for a widowed woman to manage. Thus, this type of housing meets many needs. 1. This building should also contain those services which best support an independent lifestyle for seniors. A meal service on premises, transportation to medical appointments, shopping and to social activities is important for those who no longer drive. Many senior apartment buildings also offer a variety of other services ranging from exercise rooms to woodworking shopis. Market rate rental housing is the option which is most needed for the near future. 1 1 .. II The City of Shorewood rcscarchQuik Minncapolis, Minncsota Senior Housi ng Market Research Project Summary Findings and Recommendations May, 1991 3. Since assisted living housing is a distinct need for a small market niche, this type of housing could be discussed and planned collaboratively with other cities in the immediate area such as Greenwood, Tonka Bay and Deephaven. The need for this type of housing is predicted to grow nation-wide as the public becomes educated and aware of its presence. Many persons who are sent to nursing homes could be served by this type of housing instead, and it is anticipated that the state may make funding policy changes in the future that will encourage its appropriate use. . The City should incorporate this type of housing into its overall senior housing plan, but the need for this option is not urgent at this time. Another need in the area is for a quality nursing home. Joint planning both for an assisted living housing unit and for a nursing home would be a development option which the Task Force strongly encourages. IV. LOCATING HOUSING OPTIONS FOR RETIREMENT AGE ADULTS WITHIN SHOREWOOD . The City of Shorewood has developed almost completely on its eastern edge. Thus, tracts of land for the construction of housing are most limited in this part of town. The tracts that are available are in neighborhoods with single family dwellings and are small. Central Shorewood offers several tracts of land which are close to service and shopping facilities. Some are located in areas which offer recreational opportunities as well. There are several tracts which are greater than 6 acres in size and would be suitable either for some bungalow-cottage housing or for a multifamily apartment building. Western Shorewood is the least developed part of Shorewood. It contains many larger tracts of land located in scenic sites. It, too, would be amenable to construction of various types of housing but is least likely at this time to offer easy access to services and shopping. 12 .". . , ','-.- ~- '," The City of Shorewood rcscarchQuik ~1inncJ.p()lis, .\linncsotJ. Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 MAJOR FINDINGS: 1. When area seniors were asked the following question on the mailed survey, they responded as noted below: Q: If you could choose any site for your next home, do you think you prefer an urban location close to shopping and entertainment or a rural setting, close to lakes and trails? . Urban 38% Rural 54% During the group discussions, participants were asked to clarify why they had selected these answers. Those who chose the urban option mentioned that they would like the housing they lived in to be close to public transportation and to services and shopping. So, they had picked "urban" for their answer. The other group chose the "rural" option because they had located in Shorewood many years ago because of its remoteness and rural charm. They would prefer to live on a site which overlooked a lake or wetlands, knowing that their home would always have a view of nature and be close to "trails and birds". 2. During the group discussions, Shorewood seniors were shown a map of many sites within Shorewood which could support the development of housing for senior adults. A description of the sites which were located on the map is attached to this report as an appendix. The preferred sites were as follows: . Eastern Shorewood: Site # 2 which is south of the Highway 7 service road and north of Third Avenue, at the northern end of Christmas Lake Road. They liked this site because it offered a view. 13 11 The City of Shorewood researchQuik ~1inncapolis, Minnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 Central Shorewood: . Site # 5 which is north of State Highway 7, about 1 block east of the southern end of Glencoe. . Site # 6 which is north of State Highway 7 service road, west of Lake Linden Drive and south of Maple. Site # 7 which is west of County Road 19 across the street (west) of the Tanka Bay Shopping Center. These sites were chosen because they were close to current shopping center and service locations. Western Shorewood · Site # 15 which is north of Smithtown Road, about 5-6 blocks west of G rant Lorenz. Site # 16 which is about one block south of Smithtown Road and west of Strawberry Lane. · Site # 17 which is south of Woodside Road and west of Howard's Point Road. . These sites were selected because they were in more rural parts of Shorewood and were close to "birds and trailsll. 3. Task Force members also discussed the various sites and recommended that senior housing be considered for placement on these locations: · Site # 8 which is north of Smithtown Road and about two blocks west of Star Lane. · Site # 9 which is south of Smithtown Road, across the street from site # 8. Both of these sites are close to the golf course, which Task Force members agreed was an attractive retirement housing location for active senior adults. 14 II The City of Shorewood rcsclfchQuik ~linnc~lpolis, Minncsota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 One other locations which was not listed on the map but was added during a discussion between Brad Neilson and the Task Force was a site which is 52 acres in total size, and has 26 buildable acres. It is located at the intersection of Cathcart Drive and Smithtown Road (the northwest corner). This site would offer a large campus with a sizable portion of property which is not usable for construction. The property could provide both enough acreage to develop the cottage housing which seems to be preferred and the park-recreation-scenic beauty space which is identified as important to these Shorewood residents. . GENERAL RECOMMENDATIONS: 2. 1. The City Council, through the Senior Housing Commission, should promote the development of step-down housing on parcels 8 and 9, adjacent to the golf course. As much as possible, the City should emphasize to prospective developers that it is interested in incorporating the current recreational and service features of Shorewood into any planning for housing for senior adults. Thus, the golf course becomes a community asset with a special attraction for those who are retiring. A multifamily housing project should be constructed in a more scenic part of Shorewood. This housing will offer area seniors a high quality of life only if their service needs are also planned for as a part of the housing project. These special service needs are addressed in the next section of this report. . A tall apartment building will not be acceptable to most Shorewood seniors because they have rejected urban buildings as unappealing. Thus, any multifamily housing should attempt to keep building heights under three stories and should research ways to offer apartment housing which supports independence and privacy as much as is possible, given cost constraints. 15 IJ,. . ,. -tW, : .. The City of Shorewood rcscarchQuik .\linncapolis, Minnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 V. PROVIDING SUPPORT SERVICES FOR SENIOR HOUSING OPTIONS IN SHOREWOOD. . Senior housing is not just a place to live but rather a service concept. Thus, the design of the residence is only one part of planning senior housing. In their retirement years, most seniors want to: reduce their outdoor and indoor chores increase their feeling of comfort and security maintain physical and financial independence maintain a healthy and active social life. . Without proper service support, senior housing can turn into senior ghettos in which mature adults are housed but not supported. There are three types of service planning which the City will need to support: . . services to support the housing itself, such as sewer, water, zoning changes to permit changes in yard size and so on. services which alter the home soas to better support a changing lifestyle and changing health status such as the addition of exterior ramps instead of stairs, the enlargement of entrances and interior doorways and other modification of interiors which reduce the problems created by interior stairs. services which actually support the retirement age adult such as improved transportation options, accessible health care, social and recreational activity planning, maintenance and chore services and so on. . MAJOR FINDINGS: 1. 6% of the retirement age residents of Shorewood reported that they were unable to obtain transportation in the past year when they needed it. In some cases, they were unable to drive after dark because of poor vision or they were unable find an available bus which matched their transportation need. While 6% may seem a small number, 6% of 2000 people is 120 Shorewood residents who are unable to transport themselves to various appointments and social engagements when they want. 16 IJ The City of Shorewood researchQuik Minneapolis, Minnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 2. The services used most often during the past 12 months by survey respondents were as follows: . Chore/maintenance service Homemaker or housekeeping Legal or financial planning Home delivered health carelhealth screening Home delivered or congregate meals 32% 21% 17% 8% 7% . 3. These are the services are used the most because they are needed to help people remain independent and in their own homes. When survey respondents were asked: If the costs were approximately the same, would you prefer to stay in your own home and buy the services you need such as home maintenance, transportation and delivered meals . or move into a multi-housing complex which would have needed services available on premises and paid for in the cost of the housing? They responded as follows: . Stay in own home: Move 68% 24% When possible, people prefer to stay at home. They relocate when they are no longer able to get the services they need or when they are unable to afford these services. 17 m The City of Shorewood rescarchQuik ~linneapolis, Minnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 GENERAL RECOMMENDATIONS: 1. In planning and developing senior housing options, the City Council will need to bear in mind that city infrastructure and systems also will be needed to support these new housing options. Thus, the City should also begin to consider: . Zoning changes which permit the type of housing to be built at an affordable cost which seniors need to support their changed life style. Water and sewer systems to support this housing. Public transportation options such as Dial-A-Ride which are more flexible and permit portal to portal service at affordable rates. Access to quality health care such as hospitals and nursing homes and clinics. . . . . 2. The development of housing options should be done collaboratively with public and private agencies which currently serve area seniors. It will be important to involve those local programs which offer services such as meals, transportation, chore and home maintenance and home health. VI. FINANCING HOUSING OPTIONS FOR SENIORS . Although the resources of seniors who reside in Shorewood are somewhat above area norms, keeping housing affordable is still important. Retirement age adults are at the end of their earning years and are anxious to protect their assets for use over the rest of their lives. Many seniors living in the area are home owners, and thus have a major asset which could be used to finance the purchase or rental of another housing option. Answers to the mailed surveys revealed a great range of financial strengths and capabilities. Area experts, who were interviewed as a part of this project, described Shorewood seniors as of moderate means. There is a split in preference among Shorewood seniors for purchase or rental housing. This split seems to depend on the investment strategy of the senior. Some prefer to remain more liquid and do not view housing as a very good investment as this time of their life. Others do not like the idea of paying rent or of losing control of their housing costs to a landlord, who can increase those costs at will. They prefer to purchase. They are also inclined to view housing as a good investment. 18 ~.',,,.,."~ ,'_"'._7_""._.""~_'_-"'-'~~'";'''''''''~_~''''''''' m The City of Shorewood rescarchQuik Minncapolis, .\linncsou Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 MAJOR FINDINGS: 1. When survey respondents were asked how much they were currently spending on housing costs including mortgage/rent, taxes, maintenance and heating and water, they responded as follows: . $0-499 a month $500-999 a month $1000-1500 a month 24% 30% 14% More than $1500 a month 18% 2. (Some respondents did not answer this question) There is a very broad range of current housing costs, matching the perception of community experts that most Shorewood seniors are moderately well off. There is, however, a distinct group which has lower housing costs and a distinct group which has higher housing costs. Meeting the needs of both groups will be a challenge to the City. When people were asked: Would you support the use of an initial endowment or entrance fee if the amount could be retrieved at a later date and if the amount would permit the housing to cost less on a monthly basis? They responded as follows: . Yes No 65.0% 26.6% The discussion groups showed that most Shorewood residents would be willing to learn more about endowment options and that it would be important for the endowment to be retrievable. 19 The City of Shorewood researcbQuik :\linneapolis, ,\linnesota Senior Housing Market Research Project Summary Findings and Recommendations May, 1991 3. In terms of keeping rents or mortgage costs affordable, Shorewood residents answered the following question: What is the maximum amount you are willing to pay monthly for the housing you have described in Question 8 above? (This amount should include rent or mortgage payments, taxes, maintenance, heating and water) $500-599 per month 26% . (It's important to note that this lower category also contained persons who would hope they could pay less than this amount)( $600-999 per month $1000-1399 per month 43% 22% Once again, there are three distinct groups with three distinct financial capabilities. MAJOR RECOMMENDATIONS: 1. "Affordable" means different things to different people. For the senior adults with an average income, in means a monthly housing cost of $600-1200. When housing options are being considered, the City needs to keep in mind the income of its senior citizens and plan for housing which is within the means of its residents. . 2. Although there is subsidized housing available in the area, it has a waiting list. The City needs to consider how to make housing affordable for its elderly citizens who live on a restricted income. This group represents about 1/5 to 1/4 of all Shorewood senior citizens. Members of this group are currently paying less than $500. per month for housing and many live in older apartment buildings or in subsidized housing. The City should explore sources of subsidy for these citizens and work with developers to come up with creative financing options which permit a portion of all housing which is built to be made available to those residents which have a low income. 20 11 The City of Shorewood Senior Housing Market Study Focus Group Discussions List of Possible Housing Sites April, 1991 rcsearchQuik Minneapolis, ~linncs()ta List of Housing Sites Eastern Shorewood 1. * South of Excelsior Boulevard and North of St. Albans Bay Road (about six blocks east of Gardendale) 2. . South of the Highway 7 service road and North of Third A venue, at the northern end of Christmas Lake Road. Central Shorewood 3. 4.* 5.* 6. . 7. 8. 9. 10. 11. South of the CBNW R.R. Corridor and 1-2 blocks North of County Road 19 bordered by Timber Lane on the East. South of the CBNW R. R. Corridor and North of County Road 19 bordered in part by Shorewood Lane on the East. North of State Highway 7, about 1 block east of the southern end of Glencoe. North of State Highway 7 service road, West of Lake Unden Drive and South of Maple. West of County Road 19 across the street (west) of the Tonka Bay Shopping Center. North of Smithtown Road and about two blocks west of Star Lane. South of Smithtown Road, across the street from site # 8. North and east of intersection of Yellowstone Trail and Highway 7. North of Highway 7, East of Eureka Road and West of Seamans Drive. Western Shorewood 12. North of Highway 7, about 2 blocks west of Eureka Road. 13.* North of Highway 7, about 1-2 blocks west of site # 12. * Site currently occupied 1 . . iii The City of Shorewood Senior Housing Market Study Focus Group Discussions List of Possible Housing Sites April, 1991 n.:scarchQuik I\linncapolis, I\linncsor.l 14. West of Eureka Road and North of Valley Wood Lane. 15. North of Smithtown Road, about 5-6 blocks west of Grant Lorenz. 16. About one block South of Smithtown Road and west of Strawberry Lane. 17. South of Woodside Road and West of Howard's Point Road. 18. North of the City of Victoria boundary line and east of Smithtown Road where it turns to go south. 19. Across Smithtown Road (west) of site # 18. * Site currently occupied 2 . \-.-\\l=~-T6 ~~\-- mlll~II!II~ ! i I "2" ';b ~~, A '~ ~J:/ Ii H n ; ii ~ \~4",n~l~ \ 1IIIi.;1 ~~;ifJfll ! iWil1' I ' 1-. - (u'111 \ II \ II. i ~ ;0'- ~ -T- ~ i '" i rn\.." ~ I ; ~~~_ :- ~ II - u _ - ~\';; \%:V =~0 t - \~ ~:~- .1--- ~ .. '\ r/ v _ ~9 I I\~,~~liii'$ ;1 1: ~ .... I::f=;.~ . I ; . m ~J ~ I -0~ __ J ~ ~ ^ r-.;:;; I~~ ~ "I ~~!'t-\~ .>=--" '" ~)'fW ~'I I ~ j~ ~S I IL~ i I ~ i~. -~~ I ~ ~------i---_.-- K ~:r- ~~~dl.--jl i ~ ~_ - ~ I - ~I '\ -,h,,,, m~ ~ \ I 11-\\ I ~ iL"~' J I I ,.............. I ~\! ~ ~ __ :JiO: - 1- R ii .1 - \:W, I ~;.]~I~nI~.~. i= 1- .. ~br;;;) ;~. i - ~Ulj~. 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T ~~t... ~ =- 'R- ~ \~~~~ ~ ~ ~ = ~l' .~'~~~~ ~ 0 ~ I ---~ -~ 1 ~ O~~D~ ~ ~ A ~ ~,j, T" IU SS /) ~~ tal ~ I L~~: 1......' ~ ,\ ~ i ~ y~ ~ N~ L- \ lG ~ -Ag,,rf" I -- ~ ~~.~, ~ ----- ~I:flr~n~, ~,,-y ~~~ ~- i 1~;:l.:~J ~["__. ~ \ . -::1 i*-~'!f~..r I 1J. . :.;.i....=~)5f~~ ~ ( I \ ~ 8;::l,\\\ ~ J 4....... ~~ :\ ~ '\:- ----------.~---~ .~ ~.~:Il\\' ~ ,~ #!Q 11~~.I!..ft).::..>';'I}. ~ \ I~~ /" lZ. ...1' -. 11:;)(1 . !:I:J~.' \:/u.. . , '" . ~ \ ')> i \ L:f@ ..~ ~ \ \ \ [ i(ffj~ U2:i& [J f-'( I . ": . -.-..~ \ ~... .... I~ ~ ~R.......<.. ~~t~ (J~~:~ \~\ ~ .-' \ IfJl '\ I '<1 i-77 ... - - ~ ~~ m-~..J!t'! \'L.~_ ~~~A' ~ ~/"w-." J ~~~~~ ~-=I~(\ ~ . h ri ~ ~ . m"t- ~ l ~ aa' ~))' ------- ~ ,,,/_t--0"'-1 ' \~_'~~ "~- -=r~- ((i)~ -- -1- --.:::::.J j \, \ ~ 2 L : ....- \ .---= , ~~~~_o# A!i I 'H'; --.\~ ~ _. m TIlr ~>~ ,n ,. ( 12) \- j-- h ----I-~ -.-- ; , n It: CJ RESOLUTION NO. -91 A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PINE BEND WATERMAIN EXTENSION CITY PROJECT 91-11 . WHEREAS, pursant to an advertisement for the construction of a watermain extension, street construction and appurtenant work, bids were received, opened on August 26th, 1991, and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit Ai and WHEREAS, the City Council has determined that Widmer. Inc. is the lowest responsible bidder in compliance with the specifications, at a total base bid of $117,491.75. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Widmer. Inc. in the name of the City of Shorewood, for construction of a watermain extension, street construction and appurtenant, according to the plans and specifications therefor approved by the city Council on file in the office of the City Clerk. 2. That the City Clerk is hereby authorized and directed to return forthwith to all bidders and deposits made with their bids, except for the deposits of the successful bidder and next lowest bidder, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of September, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk ? ":: ~. . . EXTRACT OF MINUTES OF MEETING OF TaE CITY COUNCIL OP THE CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA Pursuant to notice thereof, a regular meeting of the City Council of the City of Shorewood, Hennepin County, Minnesota, was beld at the City Hall in said City on Monday, September 9, 1991, commencing at ~ p.m. The following members were present: and the following were absent; * * * * * * * * * The following resolution was presented by Member who moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THB ISSUANCE AND SALE OF $950,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A WHEREAS, in 1986, the City sold $985,000 General Oblisation Improvement Bonds, Series 1986A, which are subject to being called for prior redemption on February 1, 1992, and WHEREAS, Springsted Incorporated, the City.s financial adyisor, has reviewed the status of the sinking fund for these bonds and has indicated that the City shoUld issue improvement bonds to refund the outstanding bonds which will mature over the period of time that the special assessments supporting said prior 1986 bond issue will be collected, and WHEREAS, the City has three additional new improvement projects which need to be funded, and WHEREAS, the current bond market is very strong and it appears that favorable interest rates can be obtained for definitive bonds, NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Shorewood, Hennepin County, Minnesota, as follows; 1. It is hereby determined; (a) That the assessable public improvements (the "Improvements") financed by the General Obligation Improvement Bonds, Series 1986A, have been made and duly ordered and contracts let for the construction thereof by the City pursuant to q ,...",...c_ -'_3!":'.'-'.," '~."":' ,~ .' the provisions of Minnesota Statutes, Chapter 429. (b) The outstanding bonds are subject to being called on February 1, 1992, and can be financed in the following manner: 1991 Project Costs (consists of Water Treatment Plant, Church Road and Pine Bend Watermain) Bonds to be Refunded Less: City Funds for $678,300 655,000 Refund,ing (397,109) Subtotal Plus: Costs of Issuance for Refunding Portion of Bonds Allowance for Discount Bidding Less: Investment Earnings Total Bond Issue $936,191 7,500 10,450 (4,141) $950,000 . (c) That it is necessary and expedient to the sound financial management of the affairs of the City to issue $950,000 General Obligation Improvement Bonds, Series 1991A (the "Bonds"), to provide financing for the Improvements and the refinancing of the 1986 improvement bonds. (d) All Bonds shall be fully registered. 2. In order to provide financing for the Improvements, the City shall issue and sell Bonds in the amount of $939,550; in order to provide in part the additional interest required to market the Bonds at this time, . additional Bonds shall be issued in the amount of $10,450. Any excess of the purchase price of the Bonds over the sum of $939,550 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the Bonds. The Bonds shall be issued and sold in accordance with the terms of the Official Notice of Sale which is attached hereto and marked Exhibit A. 3. The City Clerk is authorized and directed to advertise the Bonds for sale in accordance with the attached notice of sale and, if publication is made, to cause the abbreviated notice of sale attached hereto as Exhibit B to be published in the manner required by law. Sealed bids Shall be received until 11:00 a.m. on October 15, 1991. The City Council shall meet on Tuesday, October 15, 1991t at 7;00 p.m. for the purpose of cons ider ing the bids on the Bonds and tak ing any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Member__ __ _ _ __._ __. ___ and upon vote being taken thereon, the ., -".,..:,,->,----,._.,.-,.. ._.~.-..'""',....,---.,.,.'. ..;~ "":'--".-,---."'-:-"~'~ following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. Approved and signed this ____ day of _____~, 1991. ---- --.-------- Mayor Attest: . Citycl"erk- ---- - ~ - -.------- . -. --' '-'-""',--.. ......:-~'";~. ,-:: ."":::-....:.;:-";'"~...-...'... ........, ':.-". ;:" ...;. '?"-"'"'~':'-'-"'-'-.-~"""'" ~ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF SHOREWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Shorewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a (regular) (special) meeting of the City Council of said City held on September 9, 1991, with the original thereof on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $950,000 General Obligation Improvement Bonds, Series . 1991A of the City. WITNESS My hand as such Clerk and the corporate seal of the City this __ day of ___________, 1991. City Clerk City of Shorewood . (S EAL) ;_' ~ .::<;~,.~..__ . ":"_.-; -::-: ~,,_":<',-:-~_!o-, ..-:-:""_.'"-:":""::::--::'L....:"~?'::~""., .:,C,;-:-' OFFICIAL TERMS OF OFFERING $950,000. CITY O~ SHORI:WOOD. MINNI!SOTA GENERAL OBUGATJON IMPROVEMENT IiONDS. SERIES 1991A Sealed bids for the Bonds will be received by the City Clerk or her designee en Tuesday, October 15, 1991, until 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint PIul, Minneeota, after which time they will be oponed and tabulated. COr'l~lderatlon for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day, DETAILS OF THE BONDS . The Bonds will be dated November 1, 1 9Gi, as the date of original Issue, and win bear interest payable on February 1 and August 1 of each year, commencing August 1, 1 m. Interest will be computed on the basis of a 360-day year of twelve 30-day months and wlll be rounded pursuant to rules of the MSRB. The Bonds win be Issued in the denominatIon of $5.000 each, or In Integral multiples thereof, as requested by the purchaser, and fully regIstered as to princIpal and int~rast. Principal will be payable at the main cO(pofate office of the regIstrar and Interest cn each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of bU$/ness on the 15th day of the Immediately preceding month. The Bonds will mature February 1 In the years and amounts a$ follows: 1993 $100,000 1 gg4 $100,000 1995 $100,000 1996 $ 9a,OOO · The City reSeM$ 1M riQht. after bids Bfe opened and prior to award, to Jllcreas9 or reduce the principal amounr of the Bonds offered for a818. Any SUCh increa$e or redvction willl')e in 8 total . amount "ot to exc~ $20,000 and will be mOOe in mulriples of $5,000 in Qrty of the maturiti,s. In the event the principal amoutrt of the Bo"ds is Incr~sed or rwucfJd, any premium offered or any discount taken by the fJuccassful bidder will be Increued or reduced by 8 percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. 1997 $95,000 1998 $95,000 1999 $95,000 2000 $90,000 2001 $90,000 2002 $90,000 OPTIONAJ. REDEMPTION The City may elect on February 1, 1999, and on afly day thefeafter, to prepay Bonds due on or after February 1. 2000. RedemptIon may be in whole or in part and If in part, at the option of the City and in 9uch manner .$ the City shalf determine and within a maturity by lot as s.,.~.d by the registrar. All prepayments shall be at a price of par and accrued Interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxe$. In addition the City will pledge special assessments against benefitted property. The proceeds will be used to finance varlou. improvements within the City and to r,fvnd the 1993 - 2002 maturities of the City's General Obligation improvement Bonds, Serl~s 19S5A. . .1- TYPE OF BID Bids shall be for not less than $939,550 and accrued Interest on the total principal amount of the Bonds. Bids shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $9,500, payable to the ' order of the City. If a check Is used. it must accompany each bid. If a Financial Surety Bond is used, It must be from an Insurance company licensed to issue such a bond In the State of Minnesota. and preapproved by the City. Such bond must be submitted to Sprlngsted Incorporated prior to the opening of the bids. The Financlat Surety Bond must Identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder using a Financial Surety Bond, then that purchaser Is required to submit Its Oeposit to Sprlngsted Incorporated In the form of a certified or cashier's check or wire transfer as Instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit Is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Ceposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City scheduled for award of the Bonds Is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates . Shall be In Integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Sonds to the date of maturity. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar Interest on the Bonds from their date to their lInal scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (I) waive non-substantive Informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (Ii) reject all bids without cause. and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. . BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond Insurance or commitment therefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any Increased costs of issuance of the Bonds resulting from such purchase of Insurance shall be paid by the purchaser I except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond Insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar whiCh shall be subject to applicable SEe regulations. The City will pay for the services of the registrar. -II- .___... A_' __.__._-..,..,.---__.~.7 .._~ " Exhibit B NOTICE OF SALE .$950,OOO*GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A CITY OF SBOREWOOD HENNEPIN COUNTY, MINNESOTA These bonds will be offered on Tuesday, October 15, 1991. Bids will be received until 11:00 a.m. at the offices of SPIUNGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, and the bids will he considered by the City Council at the City Hall in the City of Shorewood at 7 :00 p.m. on ~aid date. Dated November 1, 1991, the bonds will mature on February 1 in the years and amounts as follows: Year Amount Year Amount . 1993 $100,000 1998 $95,000 1994 100,000 1999 95,000 1995 100,000 2000 90,000 1996 95,000 2001 90,000 1997 95,000 2002 90,000 . . The City reserves the right, after bids are opened and prior to award, to increase or redUce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $20,000 and will be made in mUltiples of $5,000 in any of the matur i ties. In the event the pr incipal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the SUccessfUl bidder will be increased or reduced by a percentage equal to the percentage by which the prinCipal amount of the Bonds is increased or reduced. The City may elect on February l, 1999, and on any day thereafter, to prepay Bonds due on Or after February 1, 2000. Redemption may be in whole or in part, in inverse order of maturity by lot as selected by the registrar. All prepayments shall be at the price of par and accrued interest. The City will appoint a Bond Registrar, Transfer Agent and Paying Agent. Interest will be payable on each February 1 and August 1, commencing August 1, 1992, to the registered owners of the Bonds appear ing of record in the bond register as of the 15th day of the immediately preceding month. An unqualified legal opinion will he furnished by Messrs. Wurst, Pearson, Larson, Underwood, and Mertz, of Minneapolis, Minnesota. The purpose of the Improvement Bonds is to finance various public improvements in the City. The various improvements will be paid from special assessments and general funds of the Ci ty. No bid of less than $939,550 will be considered. Bidders should be aware that the Official Notice of Sale to be published in the Official Statement for the Bonds may contain additional bidding terms and information relative to the issue. In the event of a var iance between statements in this Notice of Sale and said Official Notice of Sale, the proviSions of the latter shall control. Dated September 9, 1991 BY ORDER OF THE CITY James C. Burn City Clerk Shorewood, Minnesota COUNCIL , Further information may be obtained from and bids shall be delivered to: SPRINGSTEO Incorporated PUblic Finance Advisors 85 East Seventh Place, Suite 100 Saint Paul, MN 55101-2143 (612) 223-3000 . . .- ..- ~._, ~ I Recommendations For City of Shorewood, Minnesota $950,000 General Obligation Improvement Bonds, Series 1991 A \. !. Study No. 3911 SPRINGSTED Incorporated August 28, 1991 .' ."._,......_"_.n'..."__~__~___~______~.,~-.......-.~-~.~ . . SPRINGSTED PUBLIC FINANCE ADVISORS 16655 West Bluemound Road Suite 290 Brookfield, WI 53005-5935 (414) 782-8222 Fax: (414) 782-2904 2739 Second Avenue S.E. Cedar Rapids, IA 52403-1434 (319) 363-2221 Fax: (319) 363-6999 85 East Seventh Place Suite 1 00 Saint Paul, MN 55101-2143 (612) 223-3000 Fax: (612) 223-3002 August 28, 1991 Mayor Barbara Brancel Members, City Council Mr. James C. Hum, Administrator-Clerk Mr. Alan J. Rolek, Finance Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 222 South Ninth Street Suite 2825 Minneapolis, MN 55402-3368 (612) 333-9177 Fax: (612) 333-2363 Re: Recommendations for the Issuance of $950,000 General Obligation Improvement Bonds, Series 1991 A We respectfully request your consideration of our recommendations for the issuance of these bonds according to the terms and conditions set forth in the attached proposed Official Terms of Offering. Thls issue will incorporate the financing of three street and utility improvement projects currently underway within the City and the refunding of the 1993-2002 maturities of the City's General Obligation Improvement Bonds, Series 1986A. These bonds are being issued under Minnesota Statutes, Chapters 429 and 475. Combining the financing of the City's current improvement projects and the refunding of the Series 1986A Bonds into a single issue reduces the City's cost of issuing the bonds by avoiding unnecessary duplication of publication, bond printing, official statement printing and registrar costs, as well as a lower financial advisory fee. The lower costs have been allocated to the smaller refunding portion of this issue. The composition of the issue is as follows: 1991 Project Costs * Bonds to be Refunded Less: City Funds for Refunding Subtotal Plus: Costs of Issuance for Refunding Portion of the Bonds Allowance for Discount Bidding Less: Investment Earnings Total Bond Issue * Includes construction, engineering, contingency and costs of issuance. $678,300 655,000 (397.109) $936,191 7,500 10,450 (4.141 ) ~950.000 City of Shorewood, Minnesota August 28, 1991 Included in the principal amount of the issue is a provision for discount bidding in the amount of $10,450, representing $11 per bond. This discount provides the underwriters with all or part of their profit and/or working capital for purchasing the issue. It permits them to reoffer the bonds at or close to a par reoffering scale. New Issue Portion The new portion of this issue will be used to finance the following City projects: Project Bond Total Proiect Costs(a) Discount Total Costs Assessments Water Treatment Plant $431,700 $4,800 $436,500 $436,500 Church Road 177 ,200 1,967 179,167 179,167 Pine Bend Watermain 69.400(b) 768 70.168 70.168 . Total $678,300 $7,535 $685,835 $685,835 (a) Includes construction, engineering, administration, contingency and costs of issuance. (b) Excludes general fund contributions of $42,285. Appendix I is the projection of assessment income for the new issue portion of the bond issue. All assessments are expected to be filed on or before November 30, 1991 over a term of ten years with equal annual installments of principal, and interest charged on the unpaid balance at a rate of approximately 1 .5% over the net interest rate on the bonds, which we have estimated to be 7.20%. We have not made any projections of prepayments or delinquencies of special assessments and are assuming for all structuring purposes that assessments will be collected as scheduled. . Appendix II is the recommended cash flow for the new issue portion, which has been structured around the projected assessment income (as developed in Appendix I). Columns 1 through 5 show the years and amounts of principal and estimated interest due and payable on the new portion of the bonds. Column 6 shows the total estimated debt service required to pay 100% of the debt service, with Column 7 showing the 105% requirement as set forth by State statute, which is a protection to the bondholder and to the City in the event 100% of assessment collections are not received as expected. Column 8 shows the projection of assessment income from Appendix I and Column 9 shows the net levy requirement which represents the City's share of these improvement projects. However, if the City collects 100% of the assessments as projected, no tax levy will be required because the total projected assessment income in Column 7 exceeds the net debt service requirements in Column 6. Refunding Portion In 1986 the City sold $985,000 General Obligation Improvement Bonds, Series 1986A at a net interest rate of 7.58%. The Series 1986A Bonds are callable as of February 1, 1992, and the remaining bonds carry a net interest rate of approximately 7.65%. We project the refunding bonds could be sold today at an estimated net interest rate of 6.18%, resulting in a savings to the City of approximately $179,190, with an estimated present value of that savings of $32,125. We therefore recommend the City call the Series 1986A Bonds on February 1, 1992 by using available funds on hand and the issuance of new refunding bonds. Page 2 ~!'" ; ,". :., ,', ,...->'~;- :.-,. \e e City of Shorewood, Minnesota August 28, 1991 We have discussed this refunding carefully with Mr. Rolek, who has advised us the City has approximately. $497,000 in the debt service fund for the Series 1986A Bonds after making the August 1, 1991 interest payment. The City will also need to retain $96,721 of the debt service fund to make the February 1, 1992 principal and interest payment, leaving approximately $400,279 available to reduce the size of the refunding portion of this issue. Rounding the issue size down to the nearest $5,000 brings the City's debt service fund contribution to approximately $397,109. One" of the advantages of the refunding is that the City has received substantial prepayments of special assessments which funds have not over the past several years been able to be invested at the interest rate carried on the Series 1986A Bonds. Therefore, the City is actually losing money by receiving these prepayments. We estimate new bonds will be sold at interest rates less than 7%, and therefore it will be easier to invest any additional prepayments at interest rates at least equal to or greater than the interest rate on the new bonds. Attached as Appendix III is a complete analytical summary of the refunding portion of this issue, which has been structured around even principal payments with the approval of City staff. Appendix III, Schedule A, shows the debt service of the Series 1986A Bonds (refunded bonds) as it exists now. On the call date of February 1, 1992 all of the remaining bonds maturing in 1993 through 2002 will be called for redemption. The total amount of this refunded principal is shown in Schedule B. The non-refunded principal and interest, namely the February 1, 1992 debt service payment, is shown in Schedule C. The estimated debt service for the new refunding bonds is in Schedule D. The City will begin to pay debt service on the refunding bonds on August 1, 1992. The final maturity of the refunding bonds will be February 1 , 2002, the same as the original Series 1986A Bonds. An analysis of the anticipated savings based on current rates in the bond market is contained in Schedule E. Combined Issue Appendix IV is the combined debt service for the new issue, blending the principal payments into a single issue to minimize costs. These bonds will be dated November 1, 1991, and mature each February 1, 1993 through 2002. The first payment on the bonds will be an interest payment due August 1, 1992 in the estimated amount of $41 ,200. This payment will be made from special assessment collections received in 1992 on both the new portion and refunding portion of this issue. The following February 1, 1993 principal and interest payment will be made from second-half assessments collected in 1992, plus surplus first-half collections. This cycle will continue for the life of the issue. We recommend the bonds maturing on or after February 1, 2000, be callable on February 1, 1999, and any day thereafter at a price of par and accrued interest. This call feature, representing $270,000, or approximately 28% of the bond issue, will permit a prepayment of those bonds should substantial prepayments of assessments be received or if future market conditions warraAt a refinancing of this issue. With the inclusion of the provision for discount bidding, this call feature should not impair the marketability of these bonds. These bonds are subject to federal arbitrage regulations; however, it is our understanding the City does not anticipate issuing more than $5,000,000 of tax-exempt bonds during 1991 and therefore can qualify as a small issuer, exempt from the reporting and rebate requirements. Also, the City may designate these bonds as "qualified bonds" under the Tax Reform Act of 1986, making the bonds more attractive to banks as investors in these bonds. As with all issues of the City, we recommend an application be made to Moody's Investors Service of New York for a rating of this issue. We will provide Moody's with the necessary data upon which they will make their rating analysis and make the application on your behalf. We do not anticipate a change in the City's "A" rating from Moody's. Page 3 ~'_'.'r","'__'''____-''-'---'-'--''-'- (e i. City of Shorewood, Minnesota August 28, 1991 Springsted Incorporated has joined with Capital Guaranty Insurance Company, a municipal bond insurer,. to offer a surety bond service to underwriters in lieu of putting up a good faith check in order to bid on the bonds. The program is called "Sure-Bid" and we have allowed for its use in the Official Terms of Offering, attached to these recommendations. We believe that the use of this bidding option will help garner more bids for the bond sale, since it has the potential to make it easier for an underwriter to bid. There is no cost to the City for this service, nor does Springsted Incorporated have a financial interest in the use of Sure-Bid. For underwriting firms which have been approved and have entered into a reimbursement agreem.ent with Capital Guaranty and have elected to use Sure-Bid instead of physically delivering a good faith check with their bid, Capital Guaranty will put up a surety bond, guaranteeing the amount of the good faith check to the City if the purchaser does not deliver such check to Springsted by 3:30 P.M. the day after the sale. We believe that we will not have to invoke the surety bond on your behalf and will forward the good faith check from the purchaser as soon as we receive it. This is a new product in the municipal bond industry developed by Springsted and Capital Guaranty. Therefore, for your bond sale, you will most likely receive some bids which are accompanied by a good faith check and some which are covered under Sure-Bid. Springsted will be in constant touch with Capital Guaranty to monitor the underwriters which have been admitted to this program and, if Sure-Bid is used, Springsted will follow through after the sale, to make sure you receive your good faith amount from the purchaser. We recommend these bonds be offered for sale on Monday, October 14, with bids received at the offices of Springsted Incorporated at 11:00 A.M. At that time, all bids received will be opened and verified for accuracy, and a bid tabulation will be prepared for presentation to the Council for action at their regular meeting at 7:30 P.M. that same evening. A representative of Springsted Incorporated will attend your meeting to provide recommendations as to the acceptability of bids received. Respectfully submitted, Sfr.,vrJ2 IF ri c_tJI('- 01/,rr1 "- -t,- di SPRINGSTED Incorporated mmr Page 4 "C Q) .... +-' O)CU 0)(.. ....0 0. ~(.. 'l:!'0 ....0 C +-' 1-1 en ::Ie O)w ::I~N <en 0..... 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CO lOCO CO ~ M Q) +-' as >-c: +-' ..-4.-1Q) 0t..as+-, t.. ;:, ::J as as+-,e:c: Q) as e: >:2< u "0 e: 00.... o > > . CC<<~ Q) .-I ::J "0 Q) 1: o o o .... 1: +-' II- o o e: o ..-4 +-' as t.. Q) +-' .-I as +-' e: as o ..-4 II- ..-4 e: 0>- ....t.. o as > Q) o 0 ::J 0 as.-l o as >- >- as as e e 0"0 Q).... 0.0 e: as+-, 1:e: o ::J o . ~ 0 o 0 Q).... +-'''0 as e 0 ..-4- +-,t.. o Q) Q)+-, ..-4 Q) t.. ; ~ CD 0"0 CD e: +-' ::J as t...-I as +-,::J 0+-' CD 0 t.. as CD +-'CD e:r; ....~ APPENDIX II Page 7 ~: "'I APPENDIX III ;horewood, Minnesota ;.0. Refunding Bonds, Series 1991A Prepared: 07/24/91 By SPRINGSTED Incorporated Table of Contents ;chedule Description B Existing Debt Service Refunded Principal and any Call Premium Non-Refunded Debt Service A . D Refunding Debt Service E Annual Savings Analysis . Page 8 ----.....,-_.>--...~~.............~ Shorewood, Minnesota - Prepared: 07/24/91 G.O. Improvement Bonds, Series 1986A By SPRINGSTED Incorporated Existing Debt Service Schedule A Date Principal Rate Interest Semi-Annual Annual 02/01/92 70,000.00 6.500% 26,721.25 96,721.25 96,721.25 08/01/92 24,446.25 24,446.25 02/01/93 70,000.00 6.750% 24,446.25 94,446.25 118,892.50 08/01/93 22,083.75 22,083.75 02/01/94 65,000.00 7.000% 22,083.75 87,083.75. 109,167.50 08/01/94 19,808.75 19,808.75 0?/01/95 65,000.00 7.200% 19,808.75 84,808.75 104,617.50 ~1/95 17,468.75 17,468.75 1/96 65,000.00 7.350% 17,468.75 82,468.75 99,937.50 08/01/96 15,080.00 15,080.00 02/01/97 65,000.00 7.500% 15,080.00 80,080.00 95,160.00 08/01/97 12,642.50 12,642.50 02/01/98 65,000.00 7.600% 12,642.50 77,642.50 90,285.0a 08/01/98 10,172.50 10,172.50 02/01/99 65,000.00 7.700% 10,172.50 75,172.50 85,345.00 08/01/99 7,670.00 7,670.00 02/01/2000 65,000.00 7.800% 7,670.00 72,670.00 80,340.00 08/01/2000 5,135.00 5,135.00 02/01/2001 65,000.00 7.900% 5,135.00 70,135.00 75,270.00 08/01/2001 2,567.50 2,567.50 02/01/2002 65,000.00 7.900% 2,567.50 67,567.50 70,135.00 . otals 725,000.00 300,871. 25 1,025,871.25 1,025,871.25 ond Years: 3,761.25 All lower calculations Refunded Bonds Only vg. Mat. . : 5.188 are made from the date Avg. Mat. . : 5.716 IC.......: 7.644% of the refunding bonds NIC. . . . . . . : 7.649 Page 9 -,.. -'--~"--" '-'.-~'-'~''''''"---'~. --~-,-'-"."-'~- _.. - Shorewood, Minnesota- G.O. Improvement Bonds, series 1986A Refunded Principal and any Call Premium Schedule B Date Principal 02/01/92 655,000.00 (. :. Totals 655,000.00 Call Date.............: First Date Called.....: Call Premium..........: .premium 02/01/92 02/01/93 Prepared: 07/24/91 By SPRINGSTED Incorporated Semi-Annual Annual 655,000.00 655,000.00 655,000.00 655,000.00 This portion will be paid with proceeds. Page 10 Shorewood, Minnes()ta: Prepared: 07/24/91 G.O. Improvement Bonds, Series 1986A By SPRINGSTED Incorporated Non-Refunded Debt Service Schedule C Date Principal Rate Interest Semi-Annual Annual 02/01/92 70,000.00 6.500% 26,721.25 96,721.25 96,721.25 . . Totals 70,000.00 26,721.25 96,721.25 96,721.25 This portion will be paid by the issuer. The first paYment includes interest on the entire existing debt service. Page 11 .,_....."'_.,.,_~...',,~,.;,,j:... . '>'.__.-::::T~ Shorewood, Minnesota- G.O. Refunding Bonds, Series 1991A Refunding Debt Service Prepared: 07/24/91 By SPRINGSTED Incorporated Schedule D Date Principal Rate Interest Semi-Annual Annual 08/01/92 11,471.25 11,471.25 02/01/93 30,000.00 5.150% 7,647.50 37,647.50 49,118.75 08/01/93 6,875.00 6,875.00 02/01/94 30,000.00 5.300% 6,875.00 36,875.00 43,750.00 OA/01/94 6,080.00 6,080.00 ~1/95 30,000.00 5.450% 6,080.00 36,080.00 42,160.00 1/95 5,262.50 5,262.50 02/01/96 25,000.00 5.600% 5,262.50 30,262.50 35,525.00 08/01/96 4,562.50. 4,562.50 02/01/97 25,000.00 5.750% .4,562.50 29,562.50 34,125.00 08/01/97 3,843.75 3,843.75 02/01/98 25,000.00 5.900% 3,843.75 28,843.75 32,687.50 08/01/98 3,106.25 3,106.25 02/01/99 25,000.00 6.000% 3,106.25 28,106.25 31,212.50 08/01/99 2,356.25 2,356.25 02/01/2000 25,000.00 6.150% 2,356.25 27,356.25 29,712.50 08/01/2000 1,587.50 1,587.50 02/01/2001 25,000.00 6.300% 1,587.50 26,587.50 28,175.00 08/01/2001 800.00 800.00 02*,2002 25,000.00 6.400% 800.00 25,800.00 26,600.00 265,000.00 88,066.25 353,066.25 353,066.25 ond Date.: vg. Mat..: 11/01/91 5.552 6.184% Delivery. . : Discount.%: Bond Yield: 11/06/91 1.10000% 5.95402% Page 12 , Shorewood, Minnesota- Prepared: 07/24/91 G.O. Refunding Bonds~ Series 1991A By SPRINGSTED Incorporated Annual Savings Analysis Schedule E Date Refunding Non-Refunded New Debt Exist. Debt Savings (Schedule D) (Schedule C) (Sched. C+D) (Schedule A) or (Loss) 02/01/92 96,721.25 96,721. 25 96,721.25 08/01/92 02/01/93 49,118.75 49,118.75 118,892.50 69,773.75 08/01/93 02/01/94 43,750.00 43,750.00 109,167.50 65,417.50 08/01/94 01/01/95 42,160.00 42,160.00 104,617.50 62,457.50 *1/95 1/96 35,525.00 35,525.00 99,937.50 64,412.50 08/01/96 02/01/97 34,125.00 34,125.00 95,160.00 61,035.00 08/01/97 02/01/98 32,687.50 32,687.50 90,285.00 57,597.50 08/01/98 02/01/99 31,212.50 31,212.50 85,345.00 54,132.50 08/01/99 02/01/2000 29,712.50 29,712.50 80,340.00 50,627.50 08/01/2000 02/01/2001 28,175.00 28,175.00 75,270.00 47,095.00 08/01/2001 02/01/2002 26,600.00 26,600.00 70,135.00 43,535.00 . Totals 353,066.25 96,721.25 449,787.50 1,025,871.25 576,083.75 Present Value Savings: As % of Refunded Int.: As % of Refunded 0/5.: 32,124.43 11.718% 3.457% Funds from Issuer....: (397,108.93) Funds to Sinking Fund: 212.43 Total Net Savings....: 179,187.25 Page 13 APPENQIX IV Shorewood, Minnesota G.O. Improvement Bonds, Series 1991A Total Combined Debt Service Prepared: 07/24/91 By SPRINGSTED Incorporated Date . Principal Rate Interest Semi-Annual Annual 08/01/92 41,214.38 41,214.38 02/01/93 100,000.00 5.150% 27,476.25 127,476.25 168,690.63 OP/01/93 24,901.25 24,901.25 .01/94 100,000.00 5.300% 24,901.25 124,901.25 149,802.50 01/94 22,251.25 22,251.25 02/01/95 100,000.00 5.450% 22,251.25 122,251.25 144,502.50 08/01/95 19,526.25 19,526.25 02/01/96 95,000.00 5.600% 19,526.25 114,526.25 134,052.50 0'8/01/96 16,866.25 16,866.25 02/01/97 95,000.00 5.750% 16,866.25 111,866.25 .128,732.50 08/01/97 14,135.00 14,135.00 02/01/98 95,000.00 5.900% 14,135.00 109,135.00 123,270.00 08/01/98 11,332.50 11,332.50 02/01/99 95,000.00 6.000% 11,332.50 106,332.50 117,665.00 08/01/99 8,482.50 8,482.50 02/01/2000 90,000.00 6.150% 8,482.50 98,482.50 106,965.00 08/01/2000 5,715.00 5,715.00 021/2001 90,000.00 6.300% 5,715.00 95,715.00 101,430.00 08 /2001 2,880.00 2,880.00 02/..../2002 90,000.00 6.400% 2,880.00 92,880.00 95,760.00 rotals 950,000.00 320,870.63 1,270,870.63 Delivery. . : Discount.%: Bond Yield: 1,270,870.63 ~I c. . . . . . . : 11/01/91 5.639 6.184% 11/06/91 1.10000% 5.95402% Bond Date.: Avg. Mat..: Page 14 .,t~",,: : OFFICIAL TERMS OF OFFERING $950,000* CITY OF SHOREWOOD, MINNESOTA GENERAL OBUGATION IMPROVEMENT BONDS, SERIES 1991A Sealed bids for the Bonds will be received by the City Clerk or her designee on Monday, October 14, 1991, until 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS . The Bonds will be dated November 1, 1991, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1992. Interest will be computed on the basis of a 360-day year of twelve 3o-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: . 1993 $100,000 1994 $100,000 1995 $100,000 1996 $ 95,000 1997 $95,000 1998 $95,000 1999 $95,000 2000 $90,000 2001 $90,000 2002 $90,000 * The City reserves the right, after bids are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $20,000 and will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The City may elect on February 1, 1999, and on any day thereafter, to prepay Bonds due on or after February 1, 2000. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pl~dge special assessments against benefitted property. The proceeds will be used to finance vanous improvements within the City and to refund the 1993 - 2002 maturities of the City's General Obligation Improvement Bonds, Series 1986A. Page 15 TYPE OF BID /e Bids shall be for riot less than $939,550 and accrued interest on the total principal amount of the Bonds. Bids shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $9,500, payable to the order of the City. If a check is used, it must accompany each bid. If a Financial Surety Bond is used, it must be from an insu.rance company licensed to issue such a bond in the State of Minnesota, and preapproved- by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the bids. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/1 00 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD . The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. Page 16 '- . . f- CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but tleither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchase~. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Wurst, Pearson, Larson, Underwood and Mertz of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 40 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall . enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 9, 1991 BY ORDER OF THE CI1Y COUNCIL Isl James C. Hum Administrator-Clerk Page 17 MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 . MEMO TO: Mayor and Councilmembers DATE: september 5, 1991 FROM: James C. Hurm, City Administrator RE: Addendum to Recycling Contract . Knutson Services has agreed to begin collection of magazines, catalogs, and certain glossy material effective september 15, 1991. In exchange Knutson Services is asking for a one year extension in the recycling collection contract through December 31, 1993. In that our contract with Knutson Services has a cancellation with notice clause there should be no problems associated with this requested extension. all A Residential Community on Lake Minnetonka's South Shore /lJ SEP - 5 199/ .fit ~~ ~';:II:J:J~lf/'l!.~:[.]."'j~j~[.Zlllfl ~j~/lf'.1.11[;j:~f'.jc!J'.J'..i:~'--~"f'.jc~;y):f. SERVICE$,INc., .. ',' ',:' ,-;'" . ': ' , September 3, 1991 Mr. Jim Hurm City of Shorewood 5755 Country Club Road Shorewood, MN 55331 . RE: Addendum to Recycling Contract Dear Mr. Hurm, Knutson Services has agreed to start the collection of magazines, catalogs, and certain glossy material, effective 9/15/91, for a one year extension of the recycling collection contract with the City of Shorewood. The formal contract extension is enclosed for your review and signature. . We are pleased that the City of Shorewood has chosen Knutson Services for your recycling services and appreciate the opportunity to be of service to you. Respectfu lIy, 4~ Mark Heieren Sales Manager C! SOLID WASTE . RECYCLING SYSTEMS · STREET SWEEPING Since 1961 Printed on recycled paper ADDENDUM TO THE AGREEMENT FOR RECYCLING COLLECTION Knutson Services has agreed to implement the collection of magazines , catalogs, and certain glossy materials, effective September 15, 1991, in exchange for a one year extension of the recycling collection services (January 1, 1993 through December 31, 1993). . CITY OF SHOREWOOD BY Its City Manager City of Shorewood By ~ Its General Manager & Chief Financial Officer Dated: Dated: ~/9/ . AUG 2 8 1991 QL:otJiugtou ~iut ltibgt Jf)omtOWUttgt ~ggociatiou, 1JUC. ~. @. ;!Llox 112 ~xctlgiot, m~ .5.533t-0112 Jill Lombardozzi - President Mike Sundby - Vice President Bruce Ebner - Secretary Brett Helgeson - Secretary Gayle Robinson - Secretary Donald Stein - Treasurer David Miller - Director ~ \\U\.... \\ WUl\\ I . . "I, ~ u-~ ~ ~ D'0 ~Mt op . ~aULltI.l<n \I~ ~~ ~ vY"\ S~~4~~ '\J:>.CL...QO_l\~_ f'(\....V.JY\~~ ~ ~'-Oj~ ~ ~~ 'L.~ Cu.J\.... k...~~~ ~'f'Ci L'-\..1L ~ QJ:)'(\..~,--~u...-~ ~~. 'It ~~~~~.~ ~~~. ~lo.C~~~~~ o.5LC~ Q.u...,'L ~ . CWoo l ~\.Q CL ~~CU... ~~~ ~ a.5~~~ &\- "R.~ ~~ IN\.~ ~\.-'Un9~ ~'ct- ~cr.~ ~~t~ ~~~~~~.l:.~ ~~DYl' (~ct~)~~ ~_CL~ -00 ~~ c~ \J ~ \-\-&J6 ~ '-\l\03- ~J to ~~~Ut~~~1~ ~~~~~~.~~~~ O~ ~ ~ccl '~.fY'\ Q.oj..~-ron ~rd- ~~~o-Jno..~ ~~ ~'~. ~~C~I ~~ 13D-Jv GENERAL LEGAL SERVICES CONTRACT PART I - AGREEMENT THIS AGREEMENT, entered into this ____ day of 1991, by and between the City of Shorewood, Minnesota (the "City"), and LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. (the , "Attorney") . STATEMENT OF FACTS . The City has solicited proposals, conducted a series of interviews, and engaged in deliberations with respect to the selection of an attorney to serve as the City Attorney. The City has determined to select David C. Sellergren, of Larkin, Hoffman, Daly & Lindgren, Ltd., whom desires to serve the City in that capacity. AGREEMENT 1.) Scope of Services. The Attorney shall act as counsel for the City and shall perform all legal services required, and shall do so in a satisfactory and proper manner, as determined by the City. The services provided under this Contract shall include, but not be limited to, the following: . (01) Act as-General Counsel to the City, providing it with general legal advice, including attendance at its meetings when requested, advising it concerning the legality of the exercise of its powers and responsibilities; advising it concerning all of its contracts, including the rendering of all necessary legal opinions, implementation and financing of capital improvement projects; reviewing, analyzing and reporting on laws, regulations, and ordinances relevant to the conduct of the City's affairs; preparation of ordinances; legal advice to the City Administrator, and any and all general civil legal services. (02) Negotiate acquisition of or eminent domain proceedings regarding private property; the furnishing of title information; the preparation of land for development or redevelopment by means of street vacation, dedication, platting and replatting, comments on its activities or funding; or other legal services not provided for in Paragraph 1 (01) herein. (03) Prosecution of ordinance violations within the City; (04) Initiation or defense of civil claims involving the City; j /11- ~ (05) Service as Bond Counsel, as and to the extent requested by the City, and provide advice with respect to all matters of government assistance and tax exempt finance; (06) Advice and counsel with respect to emploYment and personnel matters; (07) Any and all other matters for which the City desires legal counsel and services. 2.) Data to be Furnished to Attorney - The City shall furnish any necessary data which is available from its files. 3. ) personnel- (01) The Attorney represents that it has, or will secure at its own expenses, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. (02) All of the required services will be performed by the Attorney and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Federal law to perform such services. . (03) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. 4.) Time of Performance - The services of the Attorney are to commence upon the execution of this Contract and shall continue unless terminated as herein provided. . 5.) Compensation. (01) Services not chargeable to Third Parties or Project Financing. The Attorney, in consideration for the services to be performed pursuant to Paragraph 1, shall be paid an hourly rate of compensation which shall vary depending upon the personnel of the. Attorney performing the services, and shall be in accordance with the Shorewood Rate depicted on the attached Schedule A for a period of no less than one (1) year. (02) Services Billed to Others. Legal services rendered on behalf of the City but for the benefit of a specific project or party which will ultimately be responsible for the costs would be billed at Standard Rates as set forth in Schedule A. These would be services rendered 2. in connection with specific development proposals where the City bills back its costs to the developers; services rendered with respect to public improvement projects or tax increment projects for which the City pays for the costs out of a bond issue. 6.) Reimbursement of Expenses - The City shall reimburse the Attorney for expenses and disbursements in connection with legal matters handled by it, such as notary fees, court costs, witness fees, recording fees, reproduction costs, facsimile transmissions, similar matters, etc., but not including its general office or overhead expenses, all generally in accordance with the attached Schedule B. Reimbursement shall be made from time to time upon submission of appropriate invoices. . 7.) Method of PaYment - Invoices shall be submitted and paYment shall be made monthly. Time entries by the Attorney shall be in sufficient detail so that services are readily discernible, and shall be internally recorded in tenth of an hour increments. Invoices shall be in a format adequate for the City to allocate expenses among general services, prosecutions, capital improvements, and litigation. 8.) Terms and Conditions - This Agreement is subject to, and includes the provisions incorporated herein, as Part II, Terms and Conditions. . 9.) Other Provisions - Meetings between the Attorney's representatives and members of the staff of the City shall be held periodically in order to better coordinate and schedule the work and services to be performed. PART II - TERMS AND CONDITIONS 1.) Termination of Contract for Cause. If the Attorney shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Attorney shall violate any of the covenants, agreements or stipulations of this Contract, the City shall have the right to terminate this Contract by giving written notice to the Attorney of such termination and specify the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies and reports prepared by the Attorney under this Contract shall, at the option of the City, become its property and the Attorney shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and be reimbursed for its costs. 2.) Termination at Convenience of City. The City may terminate this Contract without cause any time by a thirty (30) day notice in writing from the City to the Attorney. If the Contract is terminated by the City as provided herein, the Attorney will be paid for services actually performed up to the effective date of termination and be reimbursed for its costs. 3 . 3.) Ch~nqes - The City may, from time to time, request changes in the scope of the services of the Attorney to be performed hereunder. Such changes, including any increase or decrease in the amount of the Attorney's compensation, which are mutually agreed upon by and between the City and the Attorney, shall be incorporated in written amendments to this Contract. 4.) Equal Employment Opportunity - During the performance of this Contract the Attorney agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, disability, or national origin. 5.) Compliance With Laws - The Attorney shall comply with all applicable laws and regulations of the State and Federal governments. . 6.) Assignability - The Attorney shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City. 7.) Interest of Members of City - No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the services to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 8.) Findings Confidential - All of the reports, information, data, etc., prepared or assembled by the Attorney under this Contract are confidential and the Attorney agrees that they shall not be made available to any individual or organization without the prior written approval of the City. . IN WITNESS WHEREOF, the City and Attorney have executed this Agreement as of the date first above written. CITY OF SHOREWOOD By: Mayor By: City Administrator LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. By: Its: Vice President 4. . . General Civil David C. Sellergren Timothy J. Keane William C. Griffith Jr. James K. Martin Shannon K.McCambridge Legal Assistant Prosecution Daniel W. Voss Gregory E. Korstad Legal Assistant SCHEDULE A HOURLY RATES Standard Rates Sho:r:::ewood Rates. $180.00 125.00 110.00 100.00 110.00 50.00 $100.00 90.00 80.00 75.00 85.00 50.00 $ 90.00 140.00 65.00 $ 70.00 95.00 55.00 5. SCHEDULE B REIMBURSABLE COSTS INCURRED ON BEHALF OF CLIENT Local Travel $ .30 per mile Messenger Service (In House) (Out Side) Facsimile charges $ 18.00 round trip to Shorewood $ 26.00 round trip to Shorewood $ 1.00 per page, plus cost for long distance phone call, if long distance (only charged for fax LHDL would send, not incoming) Photocopying $ $ .20 per page . Long Distance Phone Charges Phone Company Rate Filing Fees $ 93.00 plus $30 if requesting Jury Process Services $30-75 (Approximate, depends on miles, location, how many trips to serve individual) Court Reporters $200.00 one-half day $400-600 full day Westlaw (Computer Research) $ 50.00 per hour . DCS/GY2SG 6. CK NO CHECR APPROVAL LISTING FOR SEPTEMBER 9, 1991 COUNCIL MEETING TO WHOM ISSUED CHECRS ISSUED SINCE AUGUST 26, 1991 7424 7425 7426 7427 7428 7429 7430 7431 7432 7433 7434 6435 "'436 7437 7438 7439 7440 7441 7442 7443 7444 7445 7446 7447 7448 7449 ~50 51 52 7453 7454 7455 7456 7457 7458 7459 7460 7461 7462 7463 (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (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) Joseph Pazandak Void Bellboy corporation Griggs, Cooper & Company Johnson Brothers Liquor Minnegasco Harry Niemela Northern States Power pepsi-Cola Company Ed Phillips & Sons Pogreba Distributing, Inc. Quality Wine & Spirits Co. Ryan properties, Inc. U. S. West Communications Bradley Nielsen First STate Bank Commissioner of Revenue PERA ICMA city county Credit Union Child Support Enforcement U. S. Postmaster E. H. Renner & Sons A & K Construction, Inc. Group Health Medica Choice MedCenters LMCIT Minnesota Mutual Life Commercial Life Insurance MSSA Bellboy Corporation Griggs, Cooper & Company Johnson Bros. Liquor Co. Northern States Power paustis & Sons Ed Phillips & Sons Quality Wine & Spirits Waste Management-Savage Weekly News PURPOSE Door Handle & Latch $ Liquor Purchases Liquor & Wine Purchases Wine Purchases utilities Sept. Rent - Store I utilities Misc. Purchases Liquor Purchase Beer & Misc. Purchases Liquor & Wine Purchases Sept. Rent - Store II Telephones & Advertising Dependent Care Reimbursement Payroll Deductions Payroll Deductions Payroll Deductions Payroll Deductions payroll Deductions Payroll Deductions Postage for Meter Repair of Badger Pump pmt Voucher #l-Water Plant Sept. Health Ins. Sept. Health Ins. Sept. Health Ins. Sept. Dental Ins. Sept. Short-Term Disabil. Sept. Life Ins. Public Works Seminar Liquor Purchases Liquor & Wine Purchases Liquor & Wine Purchases utilities Wine Purchases Liquor & Wine Purchases Liquor & Wine Purchases Waste Removal Advertisements TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED .-... _'."_:-""~"~" _)":_ "...._~,_':',.,.-,-;'.'l~::-.. AMOUNT 32.27 3,893.68 6,445.19 639.20 85.58 1,564.00 593.78 201. 36 210.69 2,595.10 800.38 2,115.00 944.37 140.00 5,306.17 850.43 1,681.42 557.50 45.00 , 89.10 750.00 420.40 46,180.21 642.92 3,942.00 714.40 424.86 81. 00 48.80 30.00 3,626.33 5,200.38 2,396.77 458.05 278.00 1,148.74 2,779.89 20.00 320.00 62,880.85 35,372.12 98,252.97 -',:; _~~--~,':~::;7';-~~~7.7':.7::7~t'7":-?~-' CHECK APPROVAL LISTING FOR SEPTEMBER 9, 1991 COUNCIL MEETING CK NO AMOUNT TO WHOM ISSUED PURPOSE CHECKS FOR COUNCIL APPROVAL $ Long Distance Calls Temporary Employees Paying Agent Fees Copy Paper Cellular Phone Calls Storm Drainage utilities Bid Ad - Salt/Sand Auto Parts Black Dirt Re-Iamp Hwy 7 & 41 General Supplies Underground Tank Removal Sept. Assessor Fees July Prisoners Exp. Car Door Repairs of Pump Houses August Recycle Fee Subscription copier Supplies Office Supplies Legal Ads Sewer & Water Costs Safe Deposit Box Street Lights Electricity Mileage & Pictures Pop Purchase Hinge Final payment/Comp.Sys. Dog Licenses Retaining Wall 8/26/91 - Council July Booking Fees Fence Repair Name Plate Goose Round-Up Telephone Repair of Phone Line Refuse Removal Underground Tank Removal August Legal Fees 14.41 1,549.33 302.33 375.14 30.06 21.42 134.00 16.46 285.00 66.02 143.85 152.80 2,950.00 732.00 125.00 188.00 4,145.00 13.00 78.10 104.97 54.56 5,800.00 145.00 1,797.51 2,741.15 73.54 62.65 7.80 5,919.00 87.65 4,396.00 Minutes 100.00 170.10 2,230.00 7.85 2,000.00 172.76 75.00 394.00 630.66 7,081.75 7464 7465 7466 7467 7468 7469 7470 7471 7472 . 7473 7474 7475 7476 7477 7478 7479 7480 7481 7482 7483 7484 7485 7486 7487 7488 .7489 7490 7491 7492 7493 7494 7495 7496 7497 7498 7499 7500 7501 7502 7503 7504 A T & T Alternative Staffing, Inc. American National Bank Anchor Paper Co. Cellular One City of Chanhassen Chapin Publishing Co. Chaska Parts Service Chippawa Top Soil commission of Transportation Crosstown OCS Elk River Concrete Co. Rolf E.A. Erickson Hennepin Cko. Treas. Warren Jensen Dough Keller Const. Knutson Services League of MN cities Metro Sales Inc. Midwest Business Products MN Suburban Publications Munitech, Inc. Norwest Bank N.S.P. N.S.P. Joseph Pazandak Pepsi Cola Co. prairie Lawn & Sport P.C.S. st. Paul Stamp Works Shoreline Nursery Katie Snyder So. Lake Mtka Safety Dept. Sterling Fence Twin city Stamps & stencil University of MN U.S. West U.S. West Waste Mgt-Savage Wests ide Equipment Froberg & Ahern, P.A. $ 45,373.87 $143,626.84 TOTAL CHECKS FOR APPROVAL TOTAL CHECK APPROVAL LIST ~--...- CHECK APPROVAL LISTING FOR SEPTEMBER 9, 1991 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR AUGUST 27, 1991 PAYROLL 205411 VOID $ 205412 (L) Glenn Amland 8 reg hours 36.94 205413 (L) Scott Bartlett 18.5 reg hours 102.51 205414 (G) Charles Davis 80 reg hours 534.ll 205415 (G) Wendy Davis 80 reg hours 641.57 205416 (L) Kevin Foss 5.5 reg hours 28.96 205417 (L) Cory Frederick 19 reg hours ffl.73 205418 (L) John Fruth 11 reg hours 54.83 205419 (G) Patricia Helgesen 80 reg hours 769.10 205420 (G) James Hurm 80 reg hours 1,419.48 205421 (L) Brian Jakel 33.5 reg hours 164.17 . 205422 (G) Dennis Johnson 80 reg hours 720.47 205423 (L) William Josephson 80 reg hours 612.39 205424 (L) Mark Karsten 28.5 reg hours 143.76 205425 (G) Anne Latter 80 reg hours 700.76 205426 (L) Susan Latterner 27 reg hours 138.85 205427 (G) Joseph Lugowski 82 reg hours 751.57 205428 (L) Robert Lynch 13 reg hours 68.44 205429 (L) Russell Marron 52 reg hours 261.67 205430 (G) Lawrence Niccum 80 reg hours 632.90 205431 (G) Susan Niccum 80 reg hours-1.25 ot fIB.77 205432 (G) Bradley Nielsen 80 reg hours 866.67 205433 (G) Joseph Pazandak 80 reg hours 844.57 205434 (L) David Peterson 8 reg hours 42.ll 205435 (G) Daniel Randall 80 reg hours 737.24 205436 (L) Brian Roerick 15 reg hours 71.10 205437 (G) Alan Rolek 80 reg hours 957.~ 205438 (L) Brian Rosenberger 24 reg hours 119. 205439 (L) Christopher Schmid 80 reg hours 523.81 205440 (L) Craig Scholle 12 reg hours 58.90 205441 (L) Erica Shaw 35 reg hours 152.44 205442 (G) Howard Stark 80 reg hours 584.37 205443 (G) Ralph Wehle 80 reg hours 583.83 205444 (L) Dean Young 80 reg hours 590.93 205445 (G) Donald Zdrazil 80 reg hours 1,054.92 TOTAL GENERAL 15,670.98 TOTAL LIQUOR 3,259.22 TOTAL PAYROLL 15,670.98