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061091 CC Reg AgP ,,- .. , '9 .. .' .....- _.". !T--,r~.__.'~' CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, JUNE 10, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.K. AGENDA 1. CONVENE REGULAR CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Gagne stover Daugherty Lewis Mayor Brancel C. Review Agenda 2. APPROVAL OF MINUTES A. Regular city council Meeting - May 28, 1991 (Att.No.2A-Minutes) 3. CONSENT AGENDA A. proposed Resolution to Approve Permanent Transfer of Funds Previously Tansferred from the General Fund to Park capital Improvement Fund (Att.No.3A-proposed Resolution) B. proposed Resolution Approving Refuse Collector's License _ Randy's Sanitation, Inc. (Att.No.3B-Resolution) C. proposed Resolution Authorizing the city of Shorewood to enter into an Agreement with Minnegasco to Provide Community Energy Services (Att.NO.3C-1-Resolution and 3C-2-Agreement) '-.. D. Authorize Recertification '~ dubdivision/combination ~ Applicant: Dave Johnsop ~_chard Gay Location: 5715 Brentr~~je Drive (1 ~ ,No.3D-1-Planners Memo and :' E.., ~-previous Resolution) ......, ~ '-.. - council Agenda - June 10, 1991 Page Two 4. COMMISSION REPORTS A. Planning Commission B. Park Commission 1. Request for South Shore Softball League Tournament June 21 - 23 - Freeman Park 5. PROPOSED RESOLUTION APPROVING THE PRELIMINARY PLAT- THOMPSON ADDITION Applicant: Charles Thompson Location: 5260 st. Albans Bay Road (Att.No.5A-planner's Memo and 5B-Resolution) "- 6 . DIRECT PREPARATION OF RESOLl]"; ~ ~ AND FINDINGS OF FACT REGARDING SIMPLE SUBDIVISION/To~ ~IDTH VARIANCE ~ Applicant: A.J. Meldahl S ~ Location: 6180 Cathca~ 0 :cive "-~ 7. DIRECT PREPARATION OF RESOLUTION AND FINDINGS OF FACT - SET BACK VARIANCES Applicant: John Einhorn Location: 5580 Howard's Point Road (Att.No.7-planner's Memo) 8. REVIEW OF RESOLUTION APPROVING PRELIMINARY PLAT - JOHNSON'S FIRST ADDITION (Att.No.8-Resolution) 9. PETITION OF SHOREWOOD OAKS SUBDIVISION (Att.No.9A-Staff Memo and 9B-Letter of Request/Petition) 10. REVIEW CITY POLICY ON WATERMAIN ASSESSMENTS AND REVISED ENGINEER'S REPORT ON PINE BEND WATERMAIN EXTENSION (Att.No.10A-Planner's Memo and 10B-Engineer's Report) 11. RESOLUTION AUTHORIZING THE PLACEMENT OF "NO PARKING" SIGNS ON BROMS BOULEVARD (Trunk Hiqhwav 7 Frontaqe Road) (Att.No.11-Resolution) I ,.. . . ~ council Agenda - June 10, 1991 Page Four 18. COUNCIL REPORTS A. Mayor Brancel 1. Work Sessions Policy on Capital Improvements/Water B. Councilmembers 19. ADJOURNMENT SUBJECT TO APPROVAL - PAYMENT OF THE CLAIMS (Att.No.19-Claims) 6/5/91 .. .. ~ EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL AGENDA JUNE 10, 1991 AGENDA ITEM 3A - As directed by the City Council at the last meeting a Resolution has been prepared to make permanent the transfer of $26,000 from the General Fund to the Park capital Improvement Fund. This had been a temporary transfer in 1989. AGENDA ITEM 3B - A Resolution is necessary to approve the license application of Randy's Sanitation, Inc. of Delano, Minnesota, to be a refuse collector in Shorewood. All paper work is in order. AGENDA ITEM 3C - A Resolution is necessary to authorize the execution of an Agreement with Minnegasco for Community Energy Services. This agreement is necessary to allow Minnegasco to implement residential energy conservation projects affecting Minnegasco residential heating customers. The Agreement has been reviewed by Attorney Froberg. AGENDA ITEM 5 - Charles Thompson, 5260 st. Albans Bay Road is requesting that his property be divided into three lots. After public hearing the Planning Commission has recommended approval with the contingency laid out in the Planner's memorandum of May 30, 1991. This proposal addresses the density concerns that were raised when this property was discussed as part of an eight lot subdivision. The three lots will range from 40,700 square feet to 60,200 square feet. AGENDA ITEM 7 - The set back variance of John Einhorn, 5580 Howard's Point Road, is being recommended for denial. The Planner's memorandum of May 30, 1991, is enclosed. The Planning Commission has found that the applicant has not demonstrated that a hardship exists which prevents him from making reasonable use of his property without a variance. The action is to direct the Attorney to prepare a resolution and findings of fact. .~.. AGENDA ITEM 8 - Staff is still attempting to meet with area property owners to discuss the issues around the City's requiring a certain makeup for the architectural review board for the Johnson Addition. If a meeting can be held before the Monday meeting, Brad Nielsen and Attorney Froberg will report to the City Council. A copy of Resolution 42-91 is enclosed in the packet for your reference. AGENDA ITEM 9 - A petition from residents from the Shorewood Oaks subdivision has been received regarding their concern for traffic safety in the area of Shorewood Oaks Drive and Oak Leaf Trail. The Council will find in their packets memorandums from various department heads in response to the petition. Upon review of the various department comments the Council may have further questions. . . Executive Summary - June 10, 1991 Page Two Continue Agenda Item 9: Following Council discussion the staff should have an opportunity to formulate a response which most meanfully addresses the concerns raised in the petition. Note: The petition requests speed limits be reduced to 15 mph and additional speed limit, slow children at play, and stop signs be placed throughout the area. AGENDA ITEM 10 - The revised Engineer's report on Pine Bend Watermain Extension is enclosed. It explains that two of the twelve lots in the project indeed have water service available to them. This development increases the per lot cost for the remaining ten lots from the previously estimated $5,701 to $6,841 a twenty percent increase from the preliminary public hearing. The Engineer raises the point that the two lots will eventually have to pay $4,000 access charges for water service. In the meantime the water utility fund could front the $8,000 of future hook up fee for the construction of this proj ect. Note this is a radical and fundamental change in city policy regarding such connections. A memorandum from Planner Nielsen addresses this fundamental policy change. AGENDA ITEM 11 - MnDOT has requested the City passing "No Parking" Resolution for Broms Boulevard. The proper resolution is enclosed in the packet. AGENDA ITEM 12 - Postponed to June 28 meeting.......a motion would be required to approve the declaration of covenants, conditions and restrictions for the Waterford Townhomes and Commercial Property. This has been reviewed by Planner Nielsen and Attorney Froberg. AGENDA ITEM 13 - Each city in Hennepin County that adopts a policy promoting the use of materials with recycled content in publicly funded projects by July 1, 1991 becomes eligible to receive an additional ten percent reimbursement for recycling program expenses. A number of other Hennepin County municipalities have adopted this policy. Following discussion o~ a policy at, this meeting a resolution would be prepared adopting this policy at the last meeting in June. AGENDA ITEM 14 - The previous item and this resolution adopting a solid waste resource reduction plan for Shorewood are required by our recycling contract with the County for the additional ten percent reimbursement. Please read this two page solid waste source reduction plan carefully. It lists Shorewood's goals in existing reduction activities and lists planned reduction activity. AGENDA ITEM 15 - The League of Municipalities (LMC) and Association of Metropolitan Municipalities (AMM) are strongly urging each city to request the County to adopt the additional one half cent sales tax. There are serious repercussions in the loss of state Aids to . . Executive Summary - June 10, 1991 Page Three the municipality and the County if a sales tax is not adopted. These financial repercussions are explained fairly in the material received from the LMC enclosed in the packet. AGENDA ITEM 17D-1 - By meeting time we hope to have a clear understanding of this specific problem which was raised at the last meeting concerning the signage at the road barriers Amesbury. There should be no problem in correcting the situation. 17D-2 - A second schedule is enclosed for the public works site improvements. We are recommending at this point that the Council consider designing the entire new Public Works site and facility and do rough grading in 1991 with the intention of building the entire facility which includes the salt storage shed in 1992. 17D-3 - Enclosed is a memorandum which asks the City Council to establish the Transportation Task Force by resolution. That resolution should include a mission statement, the number and make up of task force members, objectives of the task force, a time frame for the task to be completed, and a number of other items which would specifically define the scope and operating methods of the task force. 17D-4 The committee established to review proposals for engineering services has been meeting and has in fact reduced the number of firms to be interviewed to'three. A full report will be given verbally at the Council meeting. The Council should consider meeting to prepare for interviews for legal services. AGENDA ITEM 18A-1 - Mayor Brancel will discuss with the Council a request to set aside non-council meeting Monday evenings throughout the summer for Council work sessions on the Capital Improvement Program. A all 6/5/91 ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEE. TUESDAY, MAY 28, 1991 COUNCIL CHAMBERS 5755 CO.RY CLUB ROAD PAGE 1 M I NUT E S SPECIAL WORK SESSION 6:30 P.M. Gary Groen of Abdo, Abdo and Eick explained the 1990 audit to the City Counci 1. He reported that their was no qualification attached to the audit this year. Groen explained that the General Fund is the primary operating fund of the City and that 61% of the revenue is obtained from property taxes. JAY BERKLEY - RESIDENT objected to the use of the term profit in one section of the report. CALL TO ORDER Mayor Brancel called the meeting to order at 7:05 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and Lewis, City Administrator Hurm, City Attorney Froberg, City Engineer Dresel, City Finance Director Rolek. REVIEW AGENDA Daugherty moved, Gagne seconded, to approve the agenda with the following corrections: 1. Mayor Brancel asked that No.7 and No.5 be reversed on the agenda. Motion carried - 5/0 APPROVAL OF MINUTES A. Special City Council Workshop Meeting - May 6, 1991 Gagne moved, Stover seconded, to approve the Special City Council Workshop Minutes of May 6, 1991. Motion carried - 5/0 ~/ /I c::><- 1 CITY OF SHOREWOOD REGULAR CITY COUNCIL ME~ TUESDAY. MAY 28. 1991 ~~ COUNCIL CHAMBERS 5755 COeRY CLUB ROAD PAGE 2 B. Regular City Council Meeting - May 13. 1991 Gagne moved. Stover seconded. to approve the Regular City Council Minutes of May 13. 1991 with the following corrections: 1. Pg. 6 - last line of John Askins' comments - "Stover said the Council should approve any appointments to committees." 2. Pg. 7 - Froberg asked that the motion be changed to read: " wave the second reading" 3. Pg. 8 - Froberg asked that said be deleted in the second par. of the Attorney's Report. Motion carried - 5/0 C. Continue/Board of Review Meeting - May 20. 1991 Gagne moved. Stover seconded. to approve the Continuation of the Board of Review Minutes of May 20. 1991. Motion carried - 5/0 CONSENT AGENDA RESOLUTION NO. 46-91 47-91 48-91 49-91 Gagne moved. Stover seconded. to approve the following Consent Agenda: A. Motion to Accept and Approve the 1990 Audit Report Gary Groen from Abdo. Abdo and Eick. B. Adopt Resolution No. 46-91 "A Resolution Approving Liquor License - Vine Hill Market." C. Adopt Resolution No. 47-91 "A Resolution Approving Liquor License - Minnetonka Country Club." D. Adopt Resolution No. 48-91 "A Resolution Approving Liquor License - American Leqion Post 259 E. Adopt Resolution No. 49-91 "A Resolution Approving Shoreland Grant Agreement with the DNR - State of Minnesota." Attorney Froberg asked that the following paragraph be inserted in place of the first paragraph in Resolution No. 49-91: "Whereas the Lake Minnetonka Conservation District is an organization responsible for the water management of Lake Minnetonka and" Motion carried - 5/0. 2 CITY OF SHOREWOOD , REGULAR CITY COUNCIL MEET. TUESDAY, MAY 28, 1991 COUNCIL CHAMBERS 5755 COUIIRY CLUB ROAD PAGE 3 ~ COUNCIL CHAMBERS LIGHTING PROPOSAL - Letter from Lake Minnetonka Cable Communications. JENNIFER WATTS - Lake Minnetonka Cable Communication - Administrator Ms. Watts presented two options for lighting the Council chambers. 1. Option A: install four Altman fresnel lights with 1000 watt lamps to the ceiling. The cost would be $1389.14 minimum and $1939.28 maximum. 2. Option B: install track lighting using 150 watt bulbs. The cost would be $1151.14 minimum and $1171.28 maximum. Watts said the Council should discuss what problems they have with the video quality and then make their decision. She said she can recommend lighting designers to provide a plan. Councilmember Gagne said he has been told by residents that the videos do not look good. Councilmember Stover said she has never been in favor of the proposal. Councilmember Daugherty said the track lighting is cheaper but he wants to make sure it works. The Council agreed to table the matter. PROPOSED RESOLUTION - AWARD BIDS OLD MARKET ROAD INTERSECTION IMPROVEMENTS. RESOLUTION NO. 51-91 City Engineer Dresel explained the plans for the Old Market Road Intersection. He said the Bond Purchase Agreement does not cover the entire frontage road and the extension of the watermain will be funded separately. Dresel said the bids received were higher than expected. The cost was expected to be $1.136.000 and the low bid received was $1.044.615.70 with additional costs raising the figure to $1.344.340. Dresel said additional State funds can make up the difference in cost. He said the hookup charge for the three commercial properties in the development will pay for the extension of the watermain east of Waterford I I I . Daugherty said it was his understanding that the cost of the project was not to exceed $1.136.000. He also said he thought the $99.000. deposited by Trivesco. was not refundable if the project was not completed. He said it was his understanding that this money was to be used to cover the City's costs. City Attorney Froberg said there is no written agreement concerning a project limit of $1.136.000. There might have been an understanding among Council members but nothing in writing. Froberg said there is a provision in the bond purchase agreement permitting the Council to cancel the agreement if the project cost exceeds $1.136 million but the $99.000 must then be refunded to Trivesco. He read Pg. 3 of the Bond Purchase Agreement. o CITY OF SHOREWOOD . REGULAR CITY COUNC I L MEET. TUESDAY, MAY 28, 1991 COUNCIL CHAMBERS 5755 CO.Y CLUB ROAD PAGE 4 "If the actual aggregate amount of the public improvements and the other fees and costs itemized above exceeds $920,000, after deduction of the $216,000 of State Aid Funds, the City shall not be obligated to issue the bonds provided the City refunds to Trivesco all of the $99,000." Daugherty said he does not remember the agreement that way. Gagne asked if the engineering fees have exceeded the $99,000. Finance Director Rolek and Dresel said yes they have. Lewis said the City is being put in the position of continuing with the project because too much money has already been spent. Stover said the financing has been discussed a lot. She said no interest income or State Aid System funds were figured in the $1.1 million figure. Daugherty also thought the contingency fees were too low. JEREMY STEINER ATTORNEY-TRIVESCO Steiner said, if the public improvements exceed $1.1 million and the City does not complete the project, then the $99,000 is refunded to Trivesco. He sees no reason for not using the State Aid System funds because Mn/Dot has requested additional requirements for the intersection. Lewis said the City should not approve the funding without final approval from Mn/Dot. Dresel said there has always been a time constraint with the project. OSM has asked Mn/Dot to approve the project during the design phase. He said, of the State sources of funding, the Mn/Dot Signal Funds are the most vulnerable. Daugherty asked if the State Aid Funds were calculated in the 316/91 agreement. Dresel saiq they were not. He has been pursuing the funds and had planned to use them for early retirement of the bonds. Daugherty said a contingency fund of 8% seems small. He asked how this compares to other projects. City Administrator Hurm said the contingency fund should be 10% or $102,000. However, there was no room for more than $81,603. Lewis asked why the Engineering fees were up. Dresel said OSM's contract specifies 15%. Lewis said this project is becoming a great expense to the taxpayers of Shorewood. Gagne said there could be a larger cost if the project does not proceed. Stover said the City did a special census to qualify for State Aids Funds and therefore, she sees no reason not to use them. Lewis said the City is just spending money to spend. He said there are many ways to handle traffic problems and an intersection and strip mall is not good. Daugherty asked Dresel how sure he is of the State money. Dresel said that pursuing these State funds is part of his job. The money could have been used to retire the bonds early, but will now have to be used for the project. 4 CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEE~ TUESDAY, MAY 28, 1991 COUNCIL.~ERS 5755 CO...~Y CLUB ROAD PAGE 5 Daugherty asked what would happen if the $46,000 in Mn/Dot Signal Funds is deleted. Dresel said the contingency fund could be used. PROPOSED RESOLUTION APPROVING SALE OF RESOLUTION NO. 50-91 BONDS CONCERNING OLD MARKET ROAD INTERSECTION IMPROVEMENTS Froberg said the bond resolution was prepared by the law firm of Wurst, Lawson, Underwood and Mentz, the City's bond counsel. He then introduced Tom Underwood, the bond attorney. TOM UNDERWOOD - ATTORNEY presented the Bond Purchase Agreement. He said the bonds will mature on one date, February 1, 2000. Interest will accrue and will compound semi-annually. He said the agreement requires mandatory redemption prior to maturity, if the increments are available. The developer must disclose the speculative nature of these bonds should they be transferred to another potential buyer. Underwood said par. 10, last sentence, of the agreement will change. It will say: "If for any reason the City has not obtained Mn/Dot approval of the improvements by Dec. 31, 1991, all bond proceeds shall be used to redeem and prepay the bond in the manner provided in this resolution. " He said further language will be added to tie the rate of interest payable on the bonds to the rate of interest on the income that had been received due to investment of bond proceeds. Gagne asked who takes care of the costs to the City if Mn/Dot does not approve the intersection. Rolek said there will be no more expense until they approve. Brancel asked Froberg why the date of Dec. 31, 1991 was inserted in the agreement. Froberg said this could be the absolute last date to expect approval. Lewis asked about additional fee incurred after the sale of the bonds. Daugherty says the additional language in the clause ties up the City and is not necessary. Daugherty said the clause specifically prevents the City from recovering costs involved in the project due to the approval of an outside source (Mn/Dot) and he said he doesn't like that. Froberg said that Mn/Dot has already preliminarily approved the plans and the only thing they might do is require alterations. Lewis said the City would have to come UP with additional funds for any alterations. Froberg agreed. Stover asked if a clause could be included that stated the bond proceeds are returned but the interest is retained to recover costs. Rolek said the interest will cover the cost of the bond issuance but not the total costs of the project. Gagne said the costs are already $135,000. He asked Dresel if he expects Mn/Dot approval. Dresel said yes. c ~ CITY OF SHOREWOOD . REGULAR CITY COUNCIL ME~ TUESDAY, MAY 28, 1991 COUNCIL.AMBERS 5755 CO Y CLUB ROAD PAGE 6 Brancel asked if the City is liable for the interest on the bonds when they change hands. Underwood said the only source of payment for the bonds is the revenue from the project. The City is not responsible. JEREMY STEINER - Steiner said the bonds will be issued in $5000 denominations and will be numbered from 1 to 184 and will be redeemed that way. Stover asked if the change in par. 10 is part of the resolution or if it is negotiable. Underwood said the Council can accept the change or reject it. Gagne asked how the City will cover it's costs. He said the City is entitled to recover it's costs. BOB THISTLE OF SPRINGSTED, INC. explained that the excess proceeds are the $920,000 plus any interest earned. If there is no Mn/Dot approval, a new date can be established or the project can be dropped. The City could also add a clause stating that the City's costs will be deducted from the balance, as a point of negotiation. Gagne does not want to approve the agreement without guaranteeing the City's costs. Lewis said the City should get Mn/Dot approval first. Stover asked what additional costs will be involved in the bond issuance up to Mn/Dot approval. Rolek said there are costs for Underwood's work and Springsted's work. Brancel asked Froberg why a clause cannot be inserted to cover the City's costs. Froberg said the clause could be inserted, however it is out of the developer's control to obtain the approval of Mn/Dot. He said a clause can be inserted by Underwood that would allow the City to retain bond proceeds sufficient to cover it's costs. Steiner said the City could retain enough of the bonds to cover it's costs. Thistle said this would be acceptable but only if the increments were still available. Stover moved, Gagne seconded, to change paragraph 10 of the Bond Agreement to allow the City to retain bond proceeds in an amount sufficient to cover up to $150,000 of the City's costs. Motion carried - 5/0. BREAK - 9:00 TO 9:10 Froberg said the Council should accept the Financial Analysis before it adopts any further resolutions. 6 CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEET. TUESDAY. MAY 28. 1991 COUNC I L. ~MBERS 5755 CO~Y CLUB ROAD PAGE 7 Gagne moved. Stover seconded. to approve the Financial Analysis of Old Market Road Intersection dated 5/28/91 and to set a closing date for the bond sale for 5/30/91 at 2 P.M. Motion carried - 3/2 (Lewis and Daugherty) Lewis and Daugherty reiterated their positions that there is potential additional excess costs and that the City should wait for the final approval from Mn/Dot. Stover moved. Gagne seconded. to adopt RESOLUTION NO. 50-91 "A Resolution Awarding the Sale of $920.000 Tax Increment Revenue Bonds of 1991: Fixing their form and Specifications; Directing their Execution and Delivery; and Providing for their Payment. Motion carried - 3/2 (Lewis and Daugherty) Gagne moved. Stover seconded, to adopt RESOLUTION NO. 51-91 "A Resolution Accepting Bid and Awarding Contract for Street and Watermain Improvement Waterford 3rd Phase Addition - Old Market Road. II Motion carried - 3/2 (Lewis and,Daugherty) Froberg said "Hardrives Inc." should be inserted in the proposed resolution as the lowest bidder on the project. PROPOSED RESOLUTION APPROVING FINAL PLAT AND RESOLUTION NO. 52-91 AUTHORIZE THE EXECUTION OF P.U.D. AGREEMENT - WATERFORD PHASE III. Froberg said that Councilmember Lewis had some concerns with the wording of the P.U.D. agreement. Lewis wanted "the City" substituted for "City Engineer" in certain sections of the document that required final inspection and approval. Dresel said the Council does approve the inspections based on his recommendations. Dresel said this could become a lot of work for the Council. Gagne said the staff should handle these inspections. Daugherty said he wants overall approval by the Council. Froberg said Lewis also wanted "the City" substituted for "City Attorney" in the section pertaining to the alternative security agreement. Gagne asked Lewis his reasoning behind his change. Lewis said the wording pertaining to escrow is ambiguous ahd he said the entire process was left up to the Attorney. Froberg said that with an alternative security agreement there is no escrow account. The developer has a line of credit with the bank that the City can draw on if the development is not completed. He said the City Engineer approves all disbursements from this account. 7 CITY OF SHOREWOOD REGULAR CITY COUNCIL ME~G TUESDAY. MAY 28. 1991 COUNCILWAMBERS 5755 C RY CLUB ROAD PAGE 8 Lewis also wanted to add a paragraph prohibiting the sale of the property to other unreputable developers. Froberg said that Trivesco would remain responsible to the City even if they sold the property to another developer. He said paragraph 32 handles this type of sale. Jeremy Steiner - said the City is only approving two multiple family dwellings and they have a lot of control over the development. Trivesco can assign it's rights but not it's obligations under this agreement. The Council agreed to delete line 4 on Pg. 10, Par. 25 as follows: "which approval shall not be unreasonably withheld" Gagne moved. Stover seconded. to adopt RESOLUTION NO. 52-91 IIA Resolution Approving the Plat of Waterford 3rd Addition." Motion carried - 3/2 (Daugherty and Lewis) RESOLUTION APPROVING SIMPLE SUBDIVISION COMBINATION AND LOT WIDTH VARIANCE - ALMQUIST/ASKINS RESOLUTION NO. 53-91 Stover moved. Lewis seconded. to adopt RESOLUTION NO. 53-91 IIA Resolution Approving Subdivision and Combination of Real Property.1I Motion carried - 5/0 on a roll call vote. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SHADY HILLS DRAINAGE SYSTEM RESOLUTION NO. 54-91 Lewis moved. Gagne seconded. to adopt RESOLUTION NO. 54-91 IIA Resolution Accepting Bid and Awarding Contract for Shady Hills Drainage System.1I Motion carried - 5/0 on a roll call vote. A RESOLUTION ACCEPTING BID FOR WATER RESOLUTION NO. 55-91 TREATMENT PLANT FOR THE SOUTHEAST AREA TRUNK WATER SYSTEM Hurm explained that A & K Construction is the low bidder on the project. However. Rochon Corp. becomes low bidder if the brick option is chosen. Stover asked Daugherty and Lewis how the neighborhood felt about the project. Lewis said they will defer to the decision of the Council. She asked Noel Vogen of Associated Consultants. if he knew of the works of the two companies. He said he is familiar with the work of A & K Construction. He said Rochon is new to this type of work but has sub- contrators that are experience in pump installation. He said he does not recommend either one. 8 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEE~ TUESDAY. MAY 28. 1991 -.., COUNCIL CHAMBERS 5755 CO.RY CLUB ROAD PAGE 9 Gagne moved. Daugherty seconded. to adopt RESOLUTION NO. 55-91 "A Resolution Accepting A & K Construction as lowest bidder for items I. 2 and 3 and alternate 3 to item 1. and Awarding them the Contract for Water Treatment Plant for the Southeast Area Trunk Water System." Motion carried - 5/0 REVIEW PROPOSED ORDINANCE AMENDING SECTION 903.03 OF THE SHOREWOOD CITY CODE PROVIDING FOR WATER USE AND SERVICE AND SCHEDULE A PUBLIC HEARING DATE ON ORDINANCE Gagne said the City should charge only the properties that are affected now for the water treatment plant. Daugherty asked if there could be a rebate to those charged now when others hookup. Rolek and Hurm said that a rebate method is hard to administer. Stover moved. Gagne seconded. to include only the S. E. Area of Shorewood in the area to be assessed for the water treatment plant. Motion carried - 4/1 (Daugherty) Gagne said the Council needs another meeting to discuss the water issue. Stover moved. Gagne seconded, to have the City Engineer prepare the assessment roles for the S. E. Area Water Treatment Project. Motion carried - 5/0 Vogen said he can assist In the preparation. MA TTERS FROM THE FLOOR. Jay Berkley of Amesbury wanted the sign on the easement between Bayswater and Garden roads replaced. He said the City plowed the easement this winter and it is being used as a road. No action was taken at this meeting. The Council will review the matter at the next Council meeting. Dresel said the Council should check with Public Works Director Zdrazil. STAFF REPORTS: A. ATTORNEY'S REPORT Froberg said there has been no meeting between the neighbors regarding the Johnston's First Addition and asked the Council to table the matter to it's next meeting. 9 CITY OF SHOREWOOD - . REGULAR CITY COUNC I L MEE. TUESDAY. MAY 28. 1991 COUNCIL.~ERS 5755 CO~Y CLUB ROAD PAGE 10 Gagne moved. Stover seconded. to table the Johnston's First Addition Preliminary Plat Approval until the next Council meeting. Motion carried - 5/0 B. ENGINEER'S REPORT No Report. C. PLANNING DIRECTOR'S REPORT Hurm reported for the Planner on the status of the salt and sand shed. He said the size of the building will be different if Tonka Bay and Excelsior are involved. He said he will be talking to the Cities. Stover said he should give them a deadline of July 8th, so there is no delay for another year. Daugherty said he should also look at any potential EPA impact in drawing up a lease agreement. D. ADMINISTRATOR'S REPORT Hurm said the LMC Annual Conference will be held June 11-14 BREAK - 11:08 TO 11:12 Hurm said there will be a binder of information for the Council to read. This will include all bulletins mailed to the City. He asked the Council to approve a permanent transfer of funds from the General Fund to the Park Capital Improvement Fund. Daugherty moved. Lewis seconded, to direct that a Resolution be prepared agreeing to transfer $25.000 from the General Fund to the Park Capital Improvement Fund. Motion carried - 5/0 COUNCIL REPORTS. A . MAYOR BRANCEL Brancel said there will be a discussion on the Rental Housing Code June 17. 1991 at 7:30 P.M. B. COUNCILMEMBER GAGNE The Senior Housing Task Force will be formally presenting their recommendations to 'the Planning Commission. 10 CITY OFSHOREWOOD . REGULAR CITY COUNCIL ME~ TUESDAY, MAY 28, 1991 COUNCIL.~~ERS 5755 CO~Y CLUB ROAD PAGE 11 C . COUNC I LMEMBER STOVER Stover asked the Council to approve the contract to inspect for Milfoil in Christmas Lake. Stover moved, Gagne seconded, to contract with Lake Restoration to inspect for milfoil weed in Christmas Lake in spring and fall. Motion carried - 5/0 D. COUNC I LMEMBER LEWI S No Report E. COUNCILMEMBER DAUGHERTY No report. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Stover moved, Daugherty seconded, to adjourn the meeting at 11:28 P.M. Motion carried - 5/0 GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since May 9, 1991 Check No. 6761-6804 LIQUOR $ 73,458.70 GENERAL TOTAL CHECKS ISSUED $ 12,021.62 $ 85,480.32 Checks for Council approval Checks No. 6805-6843 TOTAL CHECKS FOR APPROVAL $ 73,969.44 TOTAL CHECK APPROVAL LIST $ 89,706.74 CHECK REGISTER FOR MAY 21. 1991 PAYROLL Checks no. 205144/205179 1 1 , , CITY OF SHOREWOOD . . REGULAR CITY COUNC I L MEE. TUESDAY. MAY 28. 1991 LIQUOR $3.195.71 CHECK REGISTER FOR MAY 7. 1991 PAYROLL Checks No. 205102/205143 LIQUOR $3.034.49 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary CITY ADMINISTRATOR JAMES HURM 12 COUNC I L,HAMBERS 5755 CO RY CLUB ROAD PAGE 12 GENERAL $12.541. 59 TOTAL CHECKS ISSUED $15.737.30 GENERAL $13.190.70 TOTAL CHECKS ISSUED $16.225.19 MAYOR BARBARA BRANCEL . . A RESOLUTION APPROVING THE PERMANENT TRANSFER OF FUNDS PREVIOUSLY TRANSFERRED FROM THE GENERAL FUND TO PARK CAPITAL IMPROVEMENT FUND WHEREAS, the city council made a temporary transfer of $26,000 in 1989 from the General Fund to the Park capital Improvement Fund to prevent a deficit situation; and WHEREAS, the receipt of Park dedication fees has slowed in recent months and the likelyhood of repaying this amount in the near future is in question; and WHEREAS, a permanent transfer of said funds will not detract from the integrity of the General Fund. NOW, THEREFORE, BE IT RESOLVED that the temporary transfer of $26,000 from the General Fund to the Park capital Improvement Fund in 1989 shall hereafter be considered a permanent transfer. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm city Administrator Roll Call Vote: Ayes - Nays - 311 . . RESOLUTION NO. RESOLUTION APPROVING REFUSE COLLECTOR'S LICENSE WHEREAS, the Shorewood city Code section 507.05 provides for the annual licensing of refuse collectors in the city; and WHEREAS, said section provides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicant has satisfactorily completed this application and fulfilled the requirements for the issuance of a Refuse Collector's License. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Shorewood as follows: 1. That a Refuse Collector's License be issued for a term of one year, from January 1, 1991 to December 31, 1991, to the following applicant: Applicant Firm Name Address Randy Roskowiak Randy's Sanitation, Inc. 2480 Babcock Blvd Delano, MN 55328 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, city Administrator Roll Call Vote: Ayes - Nays - 38 . . RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF SHOREWOOD TO ENTER INTO AN AGREEMENT WITH MINNEGASCO TO PROVIDE COMMUNITY ENERGY SERVICES WHEREAS, rising energy costs are a major expense for low and moderate income families who either own or rent their homes; and WHEREAS, residential energy conservation helps preserve the environment and the quality of life in our community; and WHEREAS, the City Council wants to help its residents contain or reduce their energy costs through energy conservation improvements to their homes; and WHEREAS, Minnegasco, a division of Arkla, Inc., has been directed by the, State of Minnesota to implement a residential energy conservation program; and WHEREAS, Minnegasco is interested in working with the City in promoting residential energy conservation through a Conservation Improvement Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City Council hereby approves the Conservation Improvement Program proposed by Minnegasco. 2. That the Mayor and City Administrator/Clerk are authorized to execute the Community Energy Services Agreement with Minnegasco attached hereto as Exhibit A. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of June, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk Roll Call Votes: Ayes: Nays: jc-/ . . COMMUNITY ENERGY SERVICES AGREEMENT This Community Energy Services ("CES") Agreement ("Agreement") is between the City of Shorewood, Minnesota, ("City"), 5755 Country Club Road, Shorewood, Minnesota 55331 and Minnegasco, ("Minnegasco"), a division of Arkla, Inc., 201 South Seventh Street, Minneapolis, Minnesota 55402. RECITALS Minnegasco is a natural gas distribution company which is directed by Minnesota law to implement residential energy conservation projects which serve Minnegasco residential heating customers. Minnegasco has designed a Conservation Improvement Program ("CIP") which has been approved by the Minnesota Department of Public Service ("DPSv") with rate recovery approval from the Minnesota Public Utilities Commission ("MPUC"). CES is a comprehensive array of residential and multifamily energy conservation projects, designed to be delivered in conjunction with a city. Minnegasco desires to implement CES in conjunction with the City as an approved CIP. The City desires to enter into this Agreement to insure that effective energy conservation projects are offered to qualified Minnegasco heating customers in the City of Shorewood. . Therefore, the parties intending to be legally bound, agree for themselves, their successors and assigns as follows: SECTION 1. DUTIES OF THE CITY 1.1 Marketinq: The City will assist in promoting CES through advert is i ng, mail i ngs or other direct commun i cat ions as deemed appropriate by the City and as City resources and budget allow. In any advertising, mailing or other direct communications about CES, the City will disclose that the project is sponsored by Minnegasco and that Minnegasco ratepayers are funding the project. 1.2 Referral and Assistance: If the City receives inquiries concerning CES, the City will refer the caller to the Center for Energy and the Urban Environment as specified in the marketing materials. If the City receives feedback on CES or verification on service providers, the City will refer the caller to Minnegasco's Administrator of Energy Programs. SECTION 2. DUTIES OF MINNEGASCO 2.1 Project Imolementation: Minnegasco will subcontract with qualified service providers to implement the various services that constitute CES. The three service providers are the Center for Energy and the Urban Environment (CEUE), Self-Reliance Center (SRC), and Natural Resources Corporation (NRC). 3C-~ . . 2.2 Project Services: Services will be provided as follows: Marketing and General Administration - CEUE Low Income Services: - Free Energy Workshops - CEUE - Home Energy CheckUp (non-NSP customers only) - NRC/SRC - Project Air Infiltration Reduction - CEUE and its subcontractors - Major Weatherization - NRC Non-Low Income Services: - Home Energy CheckUp (non-NSP customers only) - NRC/SRC - Home Energy Fix Up - CEUE and its subcontractors - Multifamily Building Audits - CEUE/SRC 2.3 Siqnificant Changes: Minnegasco will confer with the City's designated representative prior to making any substantive changes to CES as described above in Section 2.2. 2.4 Proqress Reoorts: Mi nnegasco wi 11 requi re the CEUE to forward monthly progress reports to the City, if desired by the City. SECTION 3. COSTS 3.1 Costs of the City: The City is responsible for all costs incurred in performing its duties. 3.2 Costs of Mi nneqasco: Mi nnegasco is respons i b 1 e for all costs incurred in performing its duties. SECTION 4. GOODWILL The City agrees that any of its employees, independent contractors, or other persons performing any duties required of the City under this Agreement shall be instructed to avoid words or actions that would convey a negative image for Minnegasco. SECTION 5. DPSv and MPUC APPROVAL The terms of this Agreement are dependent upon DPSv's approval of the request by Minnegasco to operate this project in Shorewood and of the MPUC's approval for recovery of Minnegasco's costs associated with this project. Unless this Agreement is prohibited by the DPSv, or recovery of project costs through natural gas rates is disallowed by the MPUC, this Agreement shall be in force through September 30, 1992. If approval is withdrawn, Minnegasco shall notify the City and thereafter performance by the parties will not be required. SECTION 6. LIABILITY AND INDEMNIFICATION 6.1. City's Obliqations: The City shall indemnify and hold harmless Minnegasco against any claim, loss, judgment, liability, or expense for damage to any property, or for death or injury to any person caused by or arising from the negligent acts or omissions or willful . . misconduct of the City's officers, employees, and representatives during its performance of its duties under this Agreement; provided, however, that this Agreement to indemnify and hold harmless is not a waiver by the City of the 1 i mits on 1 i abil ity provi ded in Minnesota statutes, Chapter 466, and the City shall not be obligated to indemnify and hold harmless Minnegasco in excess of the limits provided therein. 6.2 Minne.qasco's Obliqations: Minnegasco shall indemnify and hold harmless the City against any claim, loss, judgment, liability, .or expense for damage to any property, or for death or injury to any person caused by or arising from the negligent acts or omissions or willful misconduct of Minnegasco's officers, employees, and representat i ves duri ng its performance of its duties under th is Agreement. SECTION 7. INSURANCE The City will have the following insurance: (1) General Public Liability Insurance policy (including owned and hired vehicles) with a $600,000 combined single limit policy which includes protection against personal injury and property damage; (2) Automobil e Publ i c Li abi 1 i ty Insurance pol icy (including owned and hired vehicles) with a $600,000 combined single limit policy which includes protection against personal injury and property damage; and (3) Workers' Compensation insurance accordi ng to applicable statutory requirements. The City will provide certificates of insurance upon request. Minnegasco has General Public Liability Insurance and Automobile Publ ic Liabil ity Insurance in excess of $25 mill ion. Minnegasco has Workers' Compensation Insurance according to applicable statutory requirements. Minnegasco will provide certificates of insurance or other evidence of the above insurance upon request. SECTION 8. COMPLETE AGREEMENT This is the parties' complete Agreement and cannot be modified except by a written amendment signed by both parties, except as specified in Section 5. SECTION 9. TERMINATION This Agreement may be terminated by any party to the Agreement with ten (10) days written notice to the other party, except as provided in Section 5. 3 " .. . SECTION 11. NOTICES All notices under this Agreement will be deemed delivered when mailed, postage paid, to the other party at the following address: If to Minnegasco: Susan K. Nathan Administrator, Energy Programs Minnegasco 201 South 7th Street Minneapolis, MN 55402 (612) 342-4939 SECTION 12. TERMS If to the City: James C. Hurm City Administrator/Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 (612) 474-3236 This Agreement shall be in effect from March 1, 1991 through September 30, 1992. MINNEGASCO CITY OF SHOREWOOD By By Barbara J. Brancel Mayor Phillip R. Hammond Vice President Gas Supply & Regulatory Administration Division By James C. Hurm City Administrator/Clerk Dated: Dated: 4 , . . . 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: 30 May 1991 RE: Thompson Addition - Preliminary Plat Fn...E NO.: 405 (91.11) BACKGROUND Mr. Charles Thompson requests permission to divide his property, located at 5260 St. Alban's Bay Road (see Site Location map - Exhibit A, attached), into three lots. The property is zoned R-1A, Single-Family Residential and is occupied by a new house under construction by Mr. Thompson. Exhibit B shows how the applicant proposes to divide the property. As can be seen, he proposes to provide access to his three lots plus an existing lot to the north via an upgraded private driveway which currently exists on the site. You may recall that the subject property was part of a larger proposal in 1989 to rezone and plat eight, 30,000+ square foot lots, known as Heights of St. Albans Bay (see Exhibit C). After considerable discussion, the project was denied and the property north of the applicant's has since been redivided. ISSUES AND ANALYSIS A. Zoning Requirements. All of the lots meet or exceed the minimum width and area requirements of the R-IA district. Following is how the proposed lots compare with R-1A zoning requirements: 5A A Residential Community on Lake Minnetonka's South Shore . . Re: Thompson Addition Preliminary Plat 30 May 1991 Lot Area Lot Width Lot Depth R-IA District 40,000 sq. ft. 120 ft. 150 ft. Lot 1 60,200 sq. ft. 190 ft. 367 ft. Lot 2 48,800 sq. ft. 130 ft. 280 ft. Lot 3 40,700 sq. ft. 13 8 ft. 290 ft. B. Access. One of the primary issues involved in the Heights of St. Albans Bay plat was access to the subject property. Although the access shown on Exhibit C was ultimately recommended by the staff and Planning Commission, the City Council denied the plat on the basis of density. While the alternative access plans shown on Exhibits B and D are not as acceptable as the public street shown on Exhibit C, they are better than trying to "snake" driveways from Lots 2 and 3 down to Manor Road. The site alteration necessary to build driveways to Manor Road would devastate the property, and the resulting driveways would likely be no better than what is proposed. In this light the access shown on Exhibit B is recommended with qualifications: 1. Width. Since the driveway serves more than two homes, the Uniform Fire Code (U.F.C.) requires it to be 20 feet in width. The existing drive must be widened by five feet. Also, the cul-de-sac at the'bottom of the hill is inadequate for emergency equipment to turn around. The diameter should be increased to 80 feet. Since the 20 foot wide access must remain unobstructed (i.e. no parking), the City should require that the homes on Lots 2 and 3 be no closer than 50 feet to the traveled surface of the road. This coincides with the setback requirement for the R-IA district and should provide ample room in driveways for guest parking. As an alternative, the applicant could show a joint use parking area which would accommodate four cars on the east side of the driveway. 2. Surfacing. The U.F.C. does not specifiy paving, but does require an all-weather driving surface. As part of the applicant's final plat, his plans should incorporate the recommendations of the Excelsior Fire Marshal regarding roadway surfacing. 3. Grade. The City's current policy for private roads and driveways provides for a maximum grade of 10 percent. The proposed driveway is just slightly steeper than that (approximately 10.3 percent). Approximately one foot of fill at the bottom of the driveway would bring the grade to 10 percent. - 2 - . . Re: Thompson Addition Preliminary Plat 30 May 1991 The applicant's plan indicates that an existing outbuilding at the top of the driveway will be removed and the driveway entry to St. Alban's Bay Road will be turned to 90 degrees and widened. As part of the final plat the applicant should incorporate a landing at the top of the driveway, based upon the recommendations of the City Engineer. 4. Cross-Easements/Maintenance Agreement. As part of the [mal plat for this project, the applicant's attorney must provide the necessary easements for the joint use driveway, as well as a maintenance agreement which spells out rights and responsibilities of the various property owners. While the owner of the lot to the north retains a right to use the common driveway, there is no way to force his participation in its maintenance. Nevertheless, the applicant should seek his participation. C. Utilities. The applicant proposes to tie the house on Lot 3 into an existing six inch service which serves the lot to the north. He should demonstrate what agreement exists for maintenance and repair of this sewer service. The sewer service for Lot 2 extends across Lot 3 and requires easements. The proposed house on Lot 1 will require a lift pump to the sewer main in St. Alban's Bay Road. Presumably all lots will be served by private wells. When he submits his [mal plat the applicant must advise the City Clerk how he wants sewer equalization charges spread against the lots. D. Park Dedication. Prior to release of his final plat, the applicant must pay two park dedication fees ($1500). Credit is allowed for the lot with the existing home on it. RECOMMENDATION Ordinarily a three-lot division would not require formal platting. Due to the number of issues raised in the preceding, it has been required in this case. It is recommended that the preliminary plat be approved subject to the recommendations contained herein. The applicant must submit a final plat within six months of the City Council's approval of the final plat. cc: Jim Hurm Glenn Froberg Joel Dresel Charles Thompson - 3 - . . C I . . f DEEPHAVEN !~ [ r I (ST. ALBANS BAY) , , , , ~ ..' - U u-- s.. t e.... Exhibit A SITE LOCATION Thompson Addition - Preliminary Plat ! 11/ \'{ .-- / " I , 10 ,... ..' .,. .... ....... ,./". .'-....:::ili..=:........... ................ .......- o o o C/) '-...... "\, \ \ 1 i i 1 \ \. -0 a':n .~ 0 '-, , -0 / ". "~-O'" : 0 ,- '. C/) .:' :n' '. "'" m :< ' .. '...... \ 0 / "" '" '\ , ", ""5C~':/.' ,.~" \_- '" \ ". '" z." _ , - '-" ~""',""'gm~:~- "=~ : : , , , I ,. I ...."'-......._-~.................u........ ...... .........::.....~~.........._._. ... ',. -'" -1... ''. <:> _ , ' /, , / ' __m.' . '___~. :;;11;/;-/ >~ '. __ "/ i I " _...;~...... .' I~ ~.~~' __....... ~ . I.., _,... . . i: :. 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IJ) n 1> r fT1 z ." IT\ IJl IT\ 0 -I -l-l:o coo :IJro)> ZmC m O:E~ -~ O:n m)> Zz mo Om S20 IJl o o . . ~ ~ Exhibit B DIVISION PROPOSED ". ". ....... ,"'\ /) (1 ' 1 v ,/ '. '\ .... .... .. .-- ........ ......,.~,._". "\ \J \.;(\,/ I ..f '(~ , '<\I "-.. ....., '-'I , \ , \. / / ~/' , \ )/ // / /' / / / ,/ ./ /' / " ! ; Elt.J....... TO~ ~i3., INV. ~",".eo \ ! I \ \ , , ~XISTING SANITARY SEWER' " .~ \.. " .' \~.~-~;. , , "- "'- " \ \ \ \ \ \ \ \ \ \ ) / I / / / / ..-- TD:-~l~~ 0 '''''11. Q2.1..L ~, / . . ~~~",.- ....~_. .... ""-.. ,.' ~" " ..../ '. " \" ..\. ;-\. ...... "', "'-. \ \ " ~ \ 50 t ' 50 P""'I-'1iI'- - -sttlLE IN FEET 100 , '. .~._- - ~,- ,,- '. ,.,. .... .x i" \ , V : '. /. \ \ ~\'. ~~ " ,,'), , \ '~lll \ 1.- '. '\ .~ ,It . ,'<l ~ i I 1 \.' ~ ..,. ....,..... \ \ i \ \ i i i ! ::--.- ...J .1. ~ r-' I rr . , r- . , II: I cl: i \ : :~'i ro~\~.~' , INV. '1~1. 11. I , . i' I , , / o J\ " LJ,-I I /1 j I \ . " \ ". '. \ " " .-....-..__:~::.._._._--_. ..-.........-...- .-..-.-.---.---....--.--.... /.- . PROPOSED DRAINAGE 6 UTILITY EASEMFNT<:. " /' ./ " , --, " Exhibit C PREVIOUS PROPOSAL Heights of St. Albans Bay 10 FEET IN W :~~d:OT FL1~~s. r.XCEPT AS SHOWN'aN'THE PRELIMINARY PLAT ~ . . . : I 'b; 1'- I. '. i ~ \ f \ \ \. I '---'. f // /,-".,.,..., '- / 1// "".'" / 'Ii '" "'" ., '. --:--'\ - \. \ ", \ .,... \,. I. .... )\-~\ V ,1\ \. , - " '. \ , '. " ' \ ., \ (/ - . / ff.' --------,...... . .' ~.:.-=--- ! ' .... ...... - ..-.-- ) ~-7 J ,: I .. i: ill (J' . / i,' I. ,... , 1;1 t ./'/"'" i I; I ; I / ,fIJlf!' .' ////; '." !. ../ ,/ ~/,'/ .'." J I I . f . / ,.., I .' : / , ;' " ; I I ' '// !ji': I I ':.... I ;' : I ,. !! ! . I: \ ! f i: I \ \ I : !. \' \. ..' \ ; l I' N89~ I .. i.,f /6-5~' i '\ '.. '. l..... ...-..-- ". .'" __m_.~\. ._n~"..~~ / /, ,- ALTERNATE DRIVEWAY LOCATIONS Exhibit D ALTERNATE DRIVEWAY LOCATIONS . . RESOLUTION NO. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR THOMPSON ADDITION WHEREAS, CHARLES THOMPSON (Applicant) has an interest in certain land within the City of Shorewood and has applied to the Council for preliminary approval of a plat to be known as Thompson Addition; and WHEREAS, Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission dated 30 May 1991, which Memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 4 June 1991, for which notice was duly published and all adjacent property owners duly notified. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That Applicant's request for preliminary plat approval of Thompson Addition is hereby granted. 2. That such approval is subject to the recommendations set forth in the City Planner's Memorandum dated 30 May 1991 attached hereto and made a part hereof as Exhibit A and the terms and conditions contained in the minutes of the Planning Commission meeting of 4 June 1991 on file at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of June, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk Roll Call Votes: Ayes: Nays: 58 ~ . . 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: 30 May 1991 RE: Einhorn, John - Setback Variance FILE NO.: 405 (91.10) BACKGROUND Mr. John Einhorn proposes to build a new home in place of his existing home at 5580 Howard's Point Road (see Site Location map - Exhibit A, attached). In doing so he has requested a 9.4 foot setback variance on the east side of the property and an eight foot variance on the north side of the property. The locations of the existing and proposed houses are shown on Exhibit B, attached. The lot in question is situated at the southwest corner of Howard's Point Road and Island View Road. It is zoned R-1A, Single-Family Residential and contains approximately 41,769 square feet of area. The existing home is nonconforming in terms of setbacks, being 22.6 feet from the right-of-way of Howard's Point Road and 14.3 feet from Island View Road. Island View Road is a 33 foot private road serving 14 lots. Mr. Einhorn's request is explained in his letter, dated 7 May 1991 (Exhibit C). Photos accompanying his letter are included as Exhibit D. The applicant cites the following as justification for his variances: 1) a garage north of his property cuts off his view of lake Minnetonka; 2) preservation of mature pine trees on the site; and 3) the location of other nonconforming buildings in the area - specifically, the house north of Island View Road. Floor plans and elevations of the proposed house are shown on Exhibits E-1 through E- 5. A Residential Community on Lake Minnetonka's South Shore 7 . . Re: Einhorn, John Setback variance 30 May 1991 ANALYSIS/RECOMMENDATION Setbacks in the R-IA district are as follows: front: 50 feet side: 10 feet rear: 50 feet side yard abutting a street: 50 feet Exhibits B and F show how these setbacks apply to the applicant's property. In addition to setback requirements there are several sections of the Shorewood Zoning Ordinance which pertain to the applicant's request. A. Nonconforming Structures. (Section 1201.03, Subd. 1) Two provisions of this Section should be considered in reviewing this request: 1) "Purpose... Furthermore, it is the intent of this Section that all nonconforming uses shall be eventually brought into conformity."; and 2) when a nonconforming structure is removed or destroyed to more than 50% of its value, any replacement thereof shall conform to existing requirements. B. Variances. (Section 1201.05) This Section sets forth criteria for reviewing variance requests. Briefly, it requires that the applicant demonstrate that some hardship exists which prevents him from making reasonable use of his property without the variance. Maintaining a view of Lake Minnetonka is not considered a legitimate reason for granting a variance. While the applicant's objection to the garage across the street is understandable, fencing and trees on that site present equally significant obstructions to the applicant's view of the lake. If some view of the lake could be preserved (the limited view which now exists will only diminish as trees on that site mature), the design of the proposed house does not take advantage of it. Only one second story window faces toward the lake. Unfortunate as it may be, the only way to guarantee an unobstructed view of the lake is to own a lakeshore lot. Oftentimes variance requests are the result of the property owner picking the wrong house for the site. In this case there is ample room on the property to accommodate the applicant's plan, even without destroying the trees. Exhibit F shows that the applicant's own plan can be placed on his property without any variance. - 2 - . . Re: Einhorn, John Setback variance 30 May 1991 The applicant's survey indicates that the home north of Island View Road is only 29.2 feet from Howard's Point Road. Although Section 1201.03 Subd. 3d. provides for consideration of an average setback where adjacent homes are closer to the street than allowed by the ordinance, it only pertains to structures within the same block. If Island View Road did not exist, the average setback for properties adjoining the applicant's would be 39.6 feet, and his easterly variance could be justified. Based upon the preceding, neither of the variances are considered to be appropriate. Ample opportunity exists to place the proposed house within the buildable area of the lot while still preserving the existing trees. If the applicant were willing to consider a different design, he may even be able to capture some of the view he seeks, at least until trees on the property to the north mature. BJN:ph cc: Jim Hurm Glenn Froberg John Einhorn - 3 - 1-c...~.e. t-I\ i ~ f\.t. + o~ k.... 291,., : : {\;; -..... ~ ":;\~ 1\ . 215'. J.O ~T>I 4 R 1 .7 ',. : .1 ,. .... 000 ~ 122 !:! G ~ H !:! (8) N (9) ~ ~ '" 1 5 135 .. /_' ~ ~..- ::! !:! . (7) E ( 6) ~ N ...:. .. .. ... . .... :: ...:.. :.. . ... ...~ .. ... '" 1164 ~ (UHw ~lUJ~[D) 00(0) ~@Jr 4 ( 19) \ . ... ... .... ...... ......... U\~, , ":. 2-D() ~\ d i . .' 5 ( 13) ,....-.... I I I I :~ I. ,ea :~ I I I I , ..... I i 1 I I 1 If{ L I ..... ... ~ Exhibit A SITE LOCATION Einhorn setback variance -~~/ , .- ~... .1.~..' Jolm i: I ntlOrn of Lot 20, Aud. Sub. No. 367 ~ Hennepin County, Minnesota ~ . . \ . ..-.... . , . . ~ .0 . Nor\- h Not ,ft. ~GA.~ I ..... .5(.~. I"- ~ ~ ~ ~ ~ I j / ~ ~ \\J II! Q U ~ "- <Xl ~ '" (7JO.,) I <, / --.../" Prof"\I..l ~o~'>t. ", , JO ....:' ,'''\ J:_ ~_/ ,'-<J -~ "- l\J ~ ~ ~~&.... ~..... . &::;" I ) " Ii :z 4" Jl r r '3.' '" S : ~ \ 3~ \ l ( }/89~7'30"w /99.70 meas. I (00 A... s...t'" ~-, f '""7 './ ',,,,-J {,(. I' , , , 1._ r, I ,." ,'...: . .:.'.~ -. .. :~. . I....,/'.:~:., ~:? .~~~~ ------:--..-.-------...----.----- '. LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 20, Auditor"s Subdivision No. 367, Hennepin County, Exhibit B PROPERTY SURVEY This survey Is intended to show the boundaries of the c and of the location of all existing buildings thereon, existing building on an adjoining lot, and the proposec building. It does not purport to show any other improvements or encroachments. . . .5 - 7..11 YJ \4-~ 1~~_~_~\ \'c.__ 4:-;~V\ ~_~Va..,,~"-'\.V\<:.~*~~ .. ~"'V-=-'IT "".0:. J~y Lsl.,J'-:1')y.i>~....o."'-<Q."-'4> _v.,;.., 1'+-6-~OC> -\1- J y.,)-E'--__k_v_~_45.1 Sa-~ lhc\~1e-~-t>lct.A'C--e... S o-t-1 _-+l... \~ .~O~~~___ L~G~L~~~LL5_~_~YOy.~4-_~_~_+J~oSe. . . S Q "'(:.~ ""1 .--\-., b.,..., .-+ h><-.J;, s- -\."" 1- J1. "'" lr<>ye v.1r ~.. __~----L<' '"~~ \ I Ie. 5~~,.<-l- .:..~J-v.Je.--k~e..._bec~ __~u.~i'~\o'""""''E'J.___:ih''Cl..++l'\~ _o,,~ :~-S~,"::'L~\---5::h,,~<-+~Ce.,-- \.~~':S__ h~\jLQ~-*b_\p-\-~XL-~~_VV\', ~~~So ~ . \~~+ ..~"~~h.-~"",,' <.rrd. 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'" 2: l" :'I: -d3 '. 111 ~ ~ '" l\ oft)- :- '1 I~ - " J.. 7'" '~""""~".:!""--""''' + -------. d~i'" 7! 8" . . Exhibit E-5 SIDE ELEVATIONS . of Lot 20, ^ud. Sub. No. 367 Hennepin County, Minnesota . . , \ . '-~" . . . . ..' ......5(.<#- I'- ~ ~ ~ ~ ~ / (' I ;- ( ~ ~ ~ ,1. .~ " 'c. II) Q \J l: "- (0 ~ '" (,;... ,) , { .. "- " 10 ':' ,'''', ::- :..,,' R<2.COMM~~,~6 ,l.; 'I\) .m "- j\J l;} ~ : c.. _ .. . .--~ .~ ,;. 6(;/ I ) { I ~ '" : '" ) 5, ~ '" \ '" . <:) 11) , ( N 89047 'gO-w /99.70 l'tIl!as. ) (00 A.do s..t" I~:'. s '7, . ;.../ """:....-...~ "" r. ,. ,.' ,'~: . ',:.~... ..::-. ....,..... , '" ~...., .:',7 ':(~ 0..' LEGAL OESrRlPTlON OF PREMISES SURVEYED: _._----~--------- Lot 20, Audltor"s Subdivision No. 367, Hennepin r"un-t.. I.c;""~~~h TI1 i s survey is intended to $110\~ the l10llnrlar i an? of the !OC~tion of all existing bllilding eXisting bUilding on an adjoining lot and t bllll~ing. ltdoes not purport t.o' show'any ot. Exhibit F ALTERNATIVE SITE PLAN -.' ... . 5/7/91 RESOLUTION NO. 42-91 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR JOHNSON'S FIRST ADDITION WHEREAS, Ronald R. Johnson (Applicant) has an interest in certain land within the City of Shorewood and has applied to the Council for preliminary approval of a plat to be known as Johnson's First Addition; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission, dated 28 March 1991, which Memorandum is on file at City Hall; and WHEREAS, a public hearing was held by the Shorewood Planning Commission on 2 April 1991, for which notice was duly published and all adjacent property owners duly notified, the minutes of which meeting are on file at City Hall~ NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: That the Applicant request for preliminary plat approval of Johnson's First Addition is hereby granted. That such approval is subject to the recommendations set forth in the City Planner's Memorandum dated 28 March 1991 and the recommendations set forth in the minutes of he Planning Commission meeting of 2 April 1991 as follows: 1. Front setbacks for the three lots shall be maintained at 35 feet. 2. The resubdivision sketch submitted by the applicant shall be used as a guide for future development of the property and all future divisions shall through the use of formal plats. No development shall be permitted on Outlot A prior to the time it is replatted. 3. At such time as the northwest corner of the property is platted, the applicant shall dedicate the designated wetland portion of the property or provide a drainage and conservation easement over it to the City for protection of the wetland area. 4. Drainage and utility easements 10 feet in width on each side of each side and rear lot line line shall be provided to the City. /r ? ... . ...... 5. Prior to final plat approval. the developer shall provide a detailed grading plan for the three residential lots. Grading and drainage shall be subject to review and approval by the City Engineer and the Watershed District. 6. The homes built on Lots 1-3 shall be designed to fit the sites. 7. The applicant shall pay park dedication fees totaling $2,250. 8. The applicant shall submit to the City a final plat wthin six months of preliminary plat approval, and shall include as part of the final plat, proposed covenants and restrictions for review and approval by the City. Such covenants and restrictions shall be the same as the Declaration of Covenants, Conditions, Restrictions and Reservations for Waterford. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22d day of April, 1991. Barbara J. Brancel. Mayor ATTEST: James C. Hurm City Administrator/Clerk Roll Call Vote: Ayes - Brancel. Daugherty, Lewis. Stover, Gagne Nays - 0 ~ . . 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 FROM: James C. Hurm, City Administrator tJ-' MEMO TO: Mayor and Councilmembers DATE: June 4, 1991 RE: Agenda Item No. 9 - Shorewood Oaks Petition The following Departments have been proposals contained in this petition subdivision: . asked to from the comment on Shorewood the Oaks Bradley Nielsen, Planning Director Donald Zdrazil, Public Works Director Joel Dresel, City Engineer, OSM Richard Young, Police Chief, SLMPSD Tom Neudahl, Fire Marshal Comments which have been recei ved in time for the packet are enclosed for your review. Recommendation Because of the serious nature of the subject matter, Council might want to take more than one meeting to discuss and consider staff comments, merits of the proposals, and possible alternatives. all ~ , q, A Residential Community on Lake Minnetonka's South Shore - .. . REOUEST FOR INPUT DATE: MAY 31, 1991 TO: DON ZDRAZIL, PUBLIC WORKS DIRECTOR FROM: JAMES C. HURM, CITY ADMINISTRATOR Input requested for: June 10 city council meeting Please reply by: Wednesday, June 5, 1991 ISSUE (Problem Definition) : Residents of Shorewood Oaks Subdivision are petitioning the City Council to take several steps to slow traffic in the area. Please review their communications and comment. (use this form or attach separate memo) 1. RECOMMENDATION: Stop Signs should be located only on each enduE Shorewood -Oaks Dr., Burlwood Court at Shorewood Oaks Dr., Maple Leaf at Shorewood Oaks Dr., and each end of Oak Leaf TraiL.' Request could be made to increase police patrol in area. 2. DISCUSSION OF OPTIONS: . Roadway should not be a factor in reducing the present speed posting.. A enforceable limit tmder 30 m.p.h. ITn.1st be approved by the State of Minn.. Addition winter sanding will be required as more stopping zones are added.. 3. FISCAL AND STAFF IMPACT: STOP SIGN/POST= $51.71 SLOW SIGN/POST= $66.21 SPEED SIGN/POST= $47.51 Number of Slow and Speed signs not made clear in request. l)~""'L/)!( UjF/ h -.s--7'j Signature / Date \ [)/rpc~;< d-r ?(/jj/t: ~ftJ-S Title Administrator Comment: '/ . . REQUEST FOR INPUT TO: TOM NEUDAHL, FIRE MARSHALL DATE: MAY 31, 1991 FROM: JAMES C. HURM, CITY ADMINISTRATOR Input requested for: June 10 City council meeting Please reply by: Wednesday, June S, 1991 ISSUE (Problem Definition) : Residents of Shorewood Oaks Subdivision are petitioning the City Council to take several steps to slow traffic in the area. Please review their communications and comment. (use this form or attach separate memo) 2. DISCUSSION OF OPTIONS: 3. FISCAL AND STAFF IMPACT: ~~ Signature~ W~ Title ~-~-// Date Administrator Comment: SOUTH LAKE MINNEINKA PUBLIC SAFETY &ARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A YOUNG Chief of Police (612) 474-3261 MRMQBA!f12!!H To: James C. Hurm, Shorewood City Administrator Subject: Shorewood Oaks area petition From: Richard A. Young, Chief of Police Date: June 3, 1991 The petition presented asks for the speed limit on certain named roads to be reduced to 15 MPH. No such reduction may be made without approval of the State of Minnesota. They will require a speed study and great documentation for any change in speed limit. I would not expect them to grant any change in the speed limit from the statutory residential speed limit of 30 MPH, certainly not to 15 MPH. I am not aware of any local speed limits that are set that low. Shorewood Oaks is a new street system with wider streets and curbs than in a large proportion of Shorewood. Speed limits are normally set at the 85th percentile of normal traffic. Speed limits are, therefore, set with the knowledge that the 15th percentile of all traffic will nOrmally b~violating~_h~___ nn speed limit. Studies have. shown tIiata lower speed limit will not usually reduce the speed of traffic, but rather make more persons law violators. (See attached). Another issue is the level at which traffic citations are issued. As you may know, the police department can not issue citations for only a few MPH over the limit. The court system will not accept them. We are forced to write citations based upon the level of acceptance of the legal system. This is very well defined in Hennepin County. (In my opinion this "tolerance" is increasing.) Most of the speeds referred to in the cover letter to the petitions would fall within that "tolerance". Should the State of Minnesota allow a different speed limit than the statutory speed limit for residential areas, I certainly would encourage the adequate posting of that speed limit. The request for "Slow - Children at Play" signs is also an issue in which the State of Minnesota has taken a very definite stand. They do not recognize such signs. They are not legal. During recent studies, in our area, of traffic control signs and devices, the State of Minnesota recommended all such signs be removed. One reason I heard for this was the ineffectiveness of the signs. Serving South Lake MinnetonIaJ Communities of Excelsior, Greenwood,. Slwrewood and Tonlal Bay Apparently studies hav'shown that most drivers . not see the signs and for those that do, there is no effect on their driving behavior. The request for stop signs should be considered in relation to the Minnesota Manual on Uniform Traffic Control Devices. The State of Minnesota has adopted this nationwide manual. I have included a copy of the portion relating to stop signs and their placement. There are four warrants for the placement of stop signs. In reviewing the petition for requested locations, the warrants can be applied to only some of them. I think everyone would agree that Shorewood Oaks Drive is the main thoroughfare. Therefore, the following requests could be considered under warrants numbers one and/or two: Oak Leaf Trail at Shorewood Oaks Drive - Both Locations Maple Leaf Circle at Shorewood Oaks Drive Burlwood Court at Shorewood Oaks Drive There already is a stop sign on Shorewood Oaks Drive at Strawberry Lane. The other requested locations, Shorewood Oaks Drive at Maple Leaf Circle and Burlwood Court do not appear to meet any of the warrants. They appear to be more of a speed control device. This is specifically mentioned in the manual as an improper use of a stop sign.. The City of Shorewood has denied other requests for like stop signs. The City of Shorewood has also recently removed stop signs which were felt to be used for speed control only. The police department takes no position on the petition, with the exception of the stop signs which meet the warrants. I feel those signs should be erected. The other. requests are subject to the State of Minnesota, City of Shorewood or the manual as published. My comments are meant merely to inform the City Council of factors I am aware of which might impact their decision making process. We will do our best to enforce, within certain guidelines imposed upon us, whatever regulations are in place. If you or the City Council have any questions about this, or any other matter, please contact me and I will respond as soon as possible. .. . SPEED LIMIT SURVEY Driver Speed Behavior on U .5. Streets and Highways Samuel C. Tignor, Ph.D., and Davey Warren Introduction Preliminary Results During the past five years. the Federal Highway Administration has Driver compliance with speed limits is poor. On average, 7 out of lO sponsored a number of studies to establish a better understanding of motorists exceeded the posted speed in urban areas. Complianc;e ranged travel speeds and speed limits on various types of roads. The study of the from 3 to 99 percent. Compliance tended to be worse on low.speed speed zoning problem was prompted in part by concern about wide. roads, beller on roads with prima facie limits, or where the speed limit spread violations and the seemingly arbitrary level of many posted was based on an engineering study. Better does not mean good compli. , speeds. ance; less than 10 percent on the sites had more than 50.percent obedi. Speed limits are intended to inform drivers of the maximum reason. ence with the posted speed. able and safe travel speed. However, there is little agreement on what On many streets and highways the speed limit is set 8 to l2 mph be. ~. constitutes a safe speed. In a nationwide survey of current speed zoning low the prevailing 85th.percentile speed. The extreme case was a prevail. practices. all states and most of the 44 localities reported using the ing speed of 5 1 mph in a 30.mph zone. Truck speeds were consistently 85th.percent:!e speed ae the ba~ic factor in cetling sp..ed limits. How~v. 3 mph slower th:ln car speeds in urban areas. The factors that had the er. the posted speed Is often set up to 10 mph lower than the prevailing most influonce on speeds were number of access points and commercial speed based on a subjective consideration of other factors such as road. development. side development. The relative subjectivity of the speed zoning process The accident involvement rates on streets and highways in urban areas points to the need to re-examine the criteria and procedures used in set. was highest for the slowest 5 percent of traffic, lowest for traffic in the I' . ting speed limits. 30.to-95.percentile range and increased for the fastest 5 percent of traf. Properly established speed limits foster voluntary compliance and sep. fie. The relative involvement rate is a measure of the chance of being in. arate the occasional high.risk driver from the vast majority of drivers. On volved in an accident, and is a ratio of the percent of accidents in a given the other hand, speed limits which are set artificially low tend to be ig. speed range to the percent of travel in the same speed range. 'S' no red and misallocate resources, apprehending and prosecuting motor. For each accident that occurred at a site, the speed of each vehicle in. ists driving at safe speeds. Over time this could lead to a loss of respect volved in the accident was assigned to the appropriate percentile speed . for all speed limits and create the impression that traffic law enforcement category for that site. All such data from each site were then combined . and the judicial system are unfair. The same public when emotionally and the relative risk computed. The risk curve for roads in built.up areas aroused de'mand and often get reduced speed limits by believing the low. is consistent with the work of Solomon, Cirillo, and West, and Dunn which er limit will slow down traffic and reduce accidents. showed that the risk of involvement in accidents is minimum near the avo Even though a great deal has been written and said about speed limits, erage speed of traffic and increases dramatically for vehicles traveling there is almost no scientific research on the precise effects on the much slower or faster than average. The rate at which drivers experience number of accidents of altering speed limits. Most traffic officials . overtakings follows a similar U.shaped relationship and provides a theo. agree we should be working to improve our knowledge of the effects of retical explanation for the shape of the speed.risk curve. .' speed limits and to develop criteria that are objective and scientifically Many current speed limits coincide with 30.percentile speed, which is ,.. sound. hear the lower bound of safe travel speed. Speed limits should be set in " This paper presents some preliminary results of our research on speed the 70.to.90.percentile range or roughly 5 to 10 mph above t!le average " limits. speeds, and accident risk. The final results are not expected until speed to correctly reflect maximum safe speed. Speed limits are set in :"', early next year. multiples of 5 mph; the 70.to.90-percentile range will almost always in. ~: Data Collection clude a 5.mph multiple. Allowing a 5.mph tolerance, enforcement would ;". The basic data for the analysis described here consists of speeds from then be targeted at drivers who are clearly at risk. If speed limits were two separate studies. In one study, data were collected to determine raised to more realistic levels. would drivers automatically drive 5 to lO speed characteristics and the reasonableness of speed limits on low and mpn over the new speed limit as is commonly believed? The answer is no. moderate speed roads in urban, small.urban, and rural built-up areas. Raising the speed by various amounts up to 15 mph has little or no effect Speeds were measured for a 24.hour period on 52 roads and streets in on speedS over a broad range of road types and speed levels. four states: Delaware, North Carolina, Colorado, and Arizona. The mea. Conversely, lowering the speed limit will not slow down traffic. AI. surements were made with the IRD 1040 traffic statistics recorder con. though speed increases of 3 mph and decreases of 3 mph were observed . ~i~;~i,;,oe~ Fa~~,o~~:,m:~~ I~e~~~~ 1~7e~~c~ .:~~:~I~.e~h~to~~::h~::~ :thi;~ii:i~~~~~:~~ri~~o~.xfne~~~t~~~~~:r~ni::e:Vi~e~:: i~h~~r ~t~j:; randomly selected from the Highway Perforrylance Monitoring System .that raising the speed Iimi: to 65 en rural interstate freeways led to an. using a stratified clustered sampling procedure to represent different increase in speeds off the freeway. ... road types and speed laws. Accident data were obtained for a three- Conclusions year period and the relation between accident risk and travel speed in It would be premature to draw any firm conclusions since the research urban areas was determined using the estimated travel speed before is still underway. However, the findings to date suggest that, on th~ aver. the crash. age, current speed limits are set too low to be accepted as reasonable by A second study is taking advantage of routine speed zoning changes the vast majority of drivers. Only about 1 in 10 speed zones has belter made by the States to determine on a scientific basis the effects of aller. than SO.percent compliance. The posted speeds make technical violators ing speed limits on travel speed, accidents, and injury consequences. out of motorists driving at reasonable and safe speeds. Speeds and headways were m~asured for a 24.hour period at 102 sites For the traffic law system to minimize accident risk. then speed limits in 23 states before and one year after the change took place. The mea. need to be properly set to define maximum safe speed. Our studies show surements were made using the Sarasoto VCl 900 traffic classifier con. that most speed zones arc posted 8 to 12 mph below the prevailing trav. nected to a pair of portable loop mats in each lane. The data were collect. el speed and 15 mph or more below the maximum safe speed. Increasing ed in the free. flow mode which classified the speeds in l.mph bins from speed limits to more realistic levels will not result in higher speeds but 1 to 1 28. A four-second headway was used to define free vehicles. Data would increase voluntary compliance and target enforcement at the occa. " were simultaneously collected at another 1 02 sites on similar roads with. sional violator and high.risk driver. out any change in speed limit to control for time trends. The sites repre. One way for restoring the informational value of speed limits requires sent a full range of speed limits and road types including a few 65.mph that we do a better job of engineering speed limits. Hopefully, the results freeways. of this research will provide engineers with the knowledge and tools need. Supplemental measurements were made at some of thu sites to investl. ed to set maximum sale speed limits that are defensible and accepted by gate any spillover effects on surrounding roads. the public and the courts. , Tignor is ;he chief of the Traffic ~fety Research Division of the Federal Highway Administration in McLean, Virginia. Warren is a Highway Research Engineer at the same facility. Chaffs and graphs are not reprinted. Reprinted by permission of the Institute of Trallsportation Engineers, 525 School St., S. w.. Suite 410, Wash. inaton, DC. OrigiNlly publishfKi in ITE J 990 Compendium of Technical Papers. F MAY 1991 -- I ! I I' : j 'Ii / Iii r I I ' . . i '1./ . :/ I: Ii .. III' j.' ,I '. l'l II:!I' 1/:11 Ii! . . ,I 't IF ' I.t;", ; I W . I !j~' I J :. .... r I ! 11 .," ;rT j "./' jf:y ! i' -' :' . Ij'~: i l ' ::"1fJi 1.1 I', ; .JI I .' .<. I ~ .' 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"" 0 Q) t> ~o ~ens::.....Q)I-;,.......en OO'H d Q) s:: g~ ~~...c:'"Cl ...c: ~ 2 bJl;:l ~ '5 0 .~ ~ !:.OcP 1=:ooQ)~....~~~ :E ~ fn,g Sn ~ 8. ~~ I-< ~ ~ ~ 8,""""'" d ~ ~ ..... 'H'. O~ooc:.l ;;.-..... ~ o 00 ... ..... P-c ~ ~ .... '5 ':g ~ -E .S 0 d &l "g 0"' ur s:: d ... ... 0 c:.l ..... &l . 0..... .~ Q)>> E-t ~Jl d ... ... ~ d ..... ~ ~ d UJ..... ~ ...... <:) ds:: .....~ denbJlJ5~C)..; = -""'" ffi ~ Q) ,...5 en OS :E~ :::r:n=~-$-tO~~N 8 ~ ~ ~~~.:~.a..3~.cn gas Q)~~>ElQ) g~SJl l-< en c::> .......- d cP >>\f.l ..... ...... d..... ;:I~J' .b...c:~G)ooen 1=: oc:.l~ui .....s::....o~ ~ ~ .::: Sn S ~5 s ~.S ~ ~ ~ <:) G) '00 ..... .... 0 ~ bo 0 ;-; .s:: ~ g > Q) <1-4 ~.-. Q)'''''' ~ Q) . Q)~Odl-;enOO..... en ~ g ~~6 2~ ~op;~ ~~ .~ -::: ~ a e:= ~ "'C ...=2 c.....,. en ;:: ~ ..... C) ~ ~ .S <:) ~ ~ >>00..... gen OO~I-;c.=.-.UJdg$..... ~11 gJl~~ 0 .3'z g s:... g .s d'OO en ~ s:: ~ ~ c.5 ~ ~... s:: Sn.S Q)...... 00 ~ 8 cP bJl ...... .... f' 0 . ..... __ en ..... .;- en.....->>s::d...oo.... ~ C) 0 -r.;j ;>, 0 -:5 ~ ~..t: d a ~ '> E-t f' 0 ~ <:) -;:: '00 ~Jl ~ ..... 8 15 ~ 8 ~ ~ 8 ~ ~ fn'8J ~ 2 . "'c3 ~ ~ 8 ..... s:: ~O g ~..... l:: ~ .;:: ..... C/). ~ I-< Q) 8 ~ I-; :> ~ d t3E ~..g ~.BUJ~:.a~ ~ '" C": ~ c . . ~~AY 3 \ \99\ 26060 Shorewood Oaks Drive Shorewood, MN 55331 May 31, 1991 City of Shorewood City Council 5755 Country Club Road Shorewood, tv':N 55331 Dear City Council members: Attached please find a petition from the tomeowners of the Shorewood Oaks subdivision. This petition represents great concern and desire for change on the part of these homeowners in regard to the speeding and dangerous driving taking place on the streets in our neighborhood. Shorewood Oaks Drive has become a popular cut-through for many non-residents within the past year. We are finding that many of these drivers are coming through Shorewood Oaks at speeds of 35 to 40 plus miles per hour. The current 30 m.p.h. speed limit and the lack of any stop signs is promoting people to speed in excess of 30 m.p.h. thus creating dangerous situations for the many children who live and play here every day, Homeowne~have taken to standing in the street to block these cars, and phoning in tag numbers to - the police. We feel that the time for change has come as this neighborhood is more that 50% complete. Currently there are 75 homeowners and 49 school aged children in Shorewood Oaks. We were informed that this petition would be on your agenda for your June 10, 1991 meeting, After reviewing it prior to your meeting would you please contact either myself Or Mrs. Faber to inform us if we will be on your agenda, at what time you would like us there and if you would desire for all participating homeowners to attend as well. Thank you for your consideration of this matter. Sincerely, c;r;;;~~ Monique R. Droege (~10.~q3Z) Shelly Faber (410- 'la44) qJ3 ~4AY 3 \ 1991 .. 1.J @ IJ. ffi -1 oPt\(. l.E:A-F 1'TLA \\.... . = ~TOP $\6N AWD ~ D\~IlON 60 = TrtAi=FI C. B~K ~TOP Sl6N P1<OPOSAL FOr< ~\-\{)2.SWOOD OAKS SUJ3P\V1SION ~EE AITAC.l-\E:.D PE-T\T\ON AND COVER.. LEnER . MAY 3 \ \99\ ... . PETITION OF SHOREWOOD OAKS SUBDIVISION TO SHOREWOOD CITY COUNCIL We the undersigned residents of Shore~ood Oaks Supdiyision would like to request the Shorewood City CouDcil to change the speed limit on the roads of Shorewood Oaks Drive, Maple Leaf Circle, Burlwood Court and Oak Leaf Trail to 15 m.p.,h. We request that ipeed limit signs pe posted at appropri~te locations on all of these streets. We request that Slow Children at Play signs be posted at appropr~ate locations on all these streets. \~ ere que s t t hat S TOP s i g n s b e p 0 s t e d a tap pro p r i. ate 1 0 cat ions (a s per suggested attached diagram) to break the traffic flow alo~the through streets. Name (Print) Address #Children Signature Phone " 470.'1 ~3 z ARK DROE.GE ~(d) ~rewooc:l Oak~ 1)(' cNttM\J& DrtceGE It & I "" '{PttJ ~,~ 'to. ~\V.'t\ ~ao~" ~OC\.'t.IA600~~~ n iIHbadtJ cXw075 ShoreUJOoq OJ-oS !Jr. 2 '~ 41'f"'-/Q).f'~ ~ L/7o-91il'j ~~7ft~ ~7v-7/{f7 ~ 07r 47'/--jo:<.7 fa.vJL;;t;.. . </7tf - .lOL7 ~.. ~ fr(T::{i ~~ ,:/1.0 - ~3Y 70.-- A.L~ o ~ 2 it; 7 S- Sfk>rr€~ 00{) (JAKS 0" :( c~n Li Ij eJren <<~o15 Sh"rewocd- O~S Dr.,L L; /. e~ren ~G,015 Sh~rewcod... DJ<.s Dr. .2 (f{U/J1rr ~'jVA4.- ~~/'lr .5!1tJ;a:WfJtiJ) CJAI<SJJA, R/1ES 'P15l.lL/t c2"'1S StbtGwccJ} o~~s be. 2.(0, q,s- h 1&" 2- pLe1'eH~ 't I' , , .. 2- ,'" PLe7CHe,( . ~ . '. . .. \1f4Y 3 1 \991 Name (Pri nt) Address # eh i1 dren Signature Phone . < I" J."";{,, M ((~ 1b J.{p 34 n ~ hart~nqJ O~ks n ( ;> d-. ~ y~ .LfY{}-.1.!iJ3 ~Ib h cl~~ ~3!.fo 0hDteuoo~ O~ks 0-1 ~~f~ ( "-tI6- 9.3~ >> (j~ i7-63&::> ~-..!L C!ZJ.A<,otp; ~ ~7<t-~r r~~ vr~ ~f1F~~" . - .. .,fO~ '- - .. .. p~ --r ~ d. ~ 3<.f 5 Oak:. J....ea.:f -rra;, ( 1i-/Pa;t--! ~ '-/10-0?A /1 / I. _~h"",~ ~ h./I. .+:-:L <:::>tdlJ ~u/t>EK-0 cJGt/J ~ O/J1Q fJe..J~~~(J f7cJ/'/'o spyg;- ~ 6ftW; t. t~ 2' 0 _~ 1/ 5u~ CowfJ()U~05 JJod./S SkYeu:rxd Oak bluet1- 0<;,/3tl !Jtu 6JLolbuLDS aGJ,ts !kiMood c.h.k !Jliue''j; . - fl"" (IN, -/5// I. 'vi /.e . ZtP 620' CJ/l-t:- ~ --nZ.. :5 WeaL) ~o~r;., /,/:5. gU{A(/J _ r/ o~ ~ -a ?A-bL?~.oJi() rJ 0i:ffi-O/JJ // ~ u.... I, Z(pJ 62.-0 ~<- -pi;- ~ U; It ~~": o(t: 670 OQ'" A ea-{' T". S;70I"eC<Joo~<Vn<;;t #~- 77r-.!l?/i: al V~Yl::;--NLdC::tJ70 04t:- Cf32J-j 7Y( 5~ (j) . ble..IL\lEl<..S. 02L,obs DA-tl LcA-p- }.z. ~R.ewollb /~k~~~~~ b~L.uj1~ ~~ uujie Rj,...j-"s 2.~/SS 0>horevJeJocl OrM5 On've 11-/ ~5 ~~~~()~~~d O~~ #/ ~lo.:\~~~'o.Q~~{~ Q.LcD55 ~{~~ocJ~ ChR&J)r ~ '- . - MAY 3' \99\ -. . PETITION OF SHOREWOOD OAKS SUBDIVISION TO SHOREWOOD CITY COUNCIL We the undersigned residents of Shorewood Oaks Subdivision would like to request the Shorewood City Council to change the speed limit on the roads of Shorewood Oaks Drive, Maple Leaf Circle, Burlwood Court and Oak Leaf Trail to 15 m.p.h. We request that speed limit signs be posted at appropriate locations on all of these streets. vie request that Slow Children at Play signs be posted at appropriate locations on all these streets. We request that STOP signs be posted at appropriate locations (aaaper suggested attached diagram) to break the traffic flow along the through streets. i~ A ~! E (P r i n t ) #ehildren Address DENN/5 nt/EsSE (010 811t'/""ooJ 3 a/VI7., ~ to70~~OJ. 3 5EJ.1 A~,( IOtA to(,O GcJ~I.WooO &- I &Jfhy fiyri(Jh- &O(Pd f3r.tr/flJdzd et. J . ~~Of'O~etl Etten J;rd/Ul() hlJl/S- ~woolJ c:r I A\)'~~KrfcU)~ tol{.D ~RLl.ti~ c5(- ( ~k5 6u-r{wHtI. (/1 t Phone . ~ -:00- olj'{3 c5;J.ll4~ '-f1(J-e:JI!4, J.J/rt ~ 4-70--S55{ '110 -5361 f'70-//Zt "170- oFfb tf76 -I1~b _ q7-- '(_ -;..2A ~ '. . . ,:\'f 2. 1 '("ll'" -. . Name (Print) Address # Children Signature Phone <~ S-trrks loo~ &.LdwoctLU J 02A ~ ~ l ~~ J./7<!-?.91a.. . ~ VJI tL~~ 'f7D -/t:;c.fJ/ ~;/t~-Ll!! ~~ ~ 0as p~ i?Jl. () (~ oM?#' ~~ L?o.e/s~aEAI.u>R;," </7IJ-oS'.u;- ;j /I'frh'!B J, %reF ,elf /1/ D".e.. t 7- O__c;j??;f!< -~? 0 - 0 r 2- (" {..SvpPbM za HM ~.e,u.//-..) c;;;r",", /-:.. ~ . '11!!;taM ~ worjfW./~()orJ Cf3 fl!CU'!!f;'cJl/~111 tf1$t-cv-S( ~ MnY-w 'D1:d?v)~ <4" ~~~ i7tf'>27J-i( C ~ rlJ t..< .5&,. w,S{) 3w /iU60J t;b.3 ~s,{.,,- ' '/70 I W S- .t" tf Y.J - fJvltlv<N ~ ~ CJs-V l)c., "{1AJ~ ct. .3 f ~ ' 10-7tJ# / { // 6070 .f/~kftkte/~ ~7c>-/f9/ ~. B I'l--rt II I J M1:i,;d: " ~ . ~ .(,tl10)1rf~~~1f:t'f7r'-lf7~ 'ibMCtS A. ~QoJ"5 !/tUfY 5- NallY s. a.{l;'l1Jo 5 (/ (2a_~'O<j" G>.J <00\0 ~..-d.~. c(2~~~..J3,. #1..ek ~AkG -S4~b 60(.';(' #/;PU:r...Ur ~~ . . 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: Mayor and City Council FROM: Brad Nielsen DATE: 6 June 1991 RE: Water Policy FILE NO. 405 (Comm. Fac. - Water) As work progresses on the Pine Bend and Church Road watermain projects, staff feels that the Council should review the City's current policy relative to assessment. The current policies are set forth in a staff report, dated 30 March 1990 - attached. Staff has serious concerns, particularly with policies 2. and 4. The City Engineer has prepared a report which demonstrates the effect of these policies on one of the current projects. If any more of the 12 property owners dissent, the project may become infeasible. If the Council is unwilling to change this policy, staff advises that a new hearing be held to advise property owners who want water that their costs will be higher than originally estimated. If the Council is willing to at least discuss the issue, but needs more time or information, perhaps a study session should be scheduled. cc: Jim Hurm Glenn Froberg Joel Dresel Al Rolek joh A Residential Community on Lake Minnetonka's South Shore . . FILE COpy CITY OF SHOREWOOD C~~l u..JdL-v MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel .d~en 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEt10RANDUM TO: Mayor and City Council FROM: City Staff DATE: 30 MARCH 1990 RE: WATER POLICY DISCUSSION As you are aware Monday's workshop meeting was originally scheduled for discussion on City water policy. In preparation for that discussion the staff agrees that it may be helpful to review the current policies of the City and then examine issues which may result from those policies. CURRENT POLICY 1. Anyone can get water from any available source (i.e. private wells, small centralized systems, connection to adjoining community system, connection to an existing Shorewood system or extension of an existing Shorewood system). 2. With the exception of commercial (nonresidential) and multiple-family residential properties, no one will be required to connect to or pay for City water. 3. Anyone may extend and connect to City water, provided those who want it are willing to pay 100 percent of the cost. 4. Connection to an existing system requires a $4000 per unit connection charge. Up to $2000 per unit may be credited where trunk or lateral lines must be extended. This policy was modified somewhat for the Galpin Lake Woods project. In that case the City not only gave full credit for lots within the plat, but also agreed to reimburse the developer $2000 per hookup outside the plat, up to $8000. A Residential Community on Lake Minnetonka's South Shore JUf'1 05''31 13: 50 OSI" 1"1PL:3.. ["1f'1. . os'\t ~~ June 4, 1991 Mr. Jim Hunn City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 l' i" ; : Re: Revised Engineer's Report Pine Bend Watermain Extension OSM Corom. No. 4775.00 Dear Mr. Hurm: 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 P.l Engineers Surveyors Planners Post~ltlM brand fax transmittal memo 7671 Ii of pages. .s T"':J,,., From ~ ~ '"'- Co. Co. Dept. Phone;r At its April 22, 1991 meeting, the City Council brdered the preparation of plans and specs for the referenced project based on Cost Estimate B of the Feasibility Report. The cost estimate for this repon was based upon 12 equally assessable lots on a tOtal project cost of $110,693 less a contribution from the 1991 street project of $42,285 for a per lot cost for 12 lots of $5,701. We have attached a copy of Cost Estimate B and a location map from the Feasibility Report for your convenience. Fax '14. .. 0 I z8 Fax; At the Public Hearing for this project, some concern was expressed regarding the assessment of the two parcels in the northeast comer of Howards Point Road and Brentridge. Specifically, there was some question as to wbether or not these two lots already had services available to them from previous construction on Brentridge, and therefore could not be included in this assessment. ~ 1 Subsequent to the Apri122, 1991 meeting, we have completed a field inspection of the area and have determined that the most westerly lot in the northeast comer of Brentridge and Rowards Point Road does indeed have a water service available. We were unable to locate a service on the lot adjacent to the east, but feel there may be service available to that lot as well. Neither of these services are shown on the "as-built" plans provided by the developer. . $ A ,', We have revised the cost estimate to reflect only 10 available assessable lots as follows: Grand Total (Construction Estimate "B") i ,'\0 ':I.~ Per lot cost for 12 lots Per lot cost for 10 lots % Increase from Public Hearings from 12 to 10 lots . , f ;i if: Equal Opportunity t:::mploy<:r = $ 68,408 = $ 5,701 = $ 6,841 ;;: 20% !ul3 r r ! I I \ f' I' \, ~, ' I.; h! I: ~' ffI '~ ~ 1 1~- , ;~ I i' ;- i~ \~f }~:, i:. '.~ \ c 1<': \.: fP.~ C' \~ V W3 l?-'\ r~ ~.~ fJi !!!" h(? ~'i \..::~ I II'! ~ '.jr P~l i~:..:: ~. ',~ " .~ ~ ~ JUI'J 05' 91 13: 51 OSt'l t"lPLS, Ml'l . P.2 . Mr. Jim Hurm June 4, 1991 Page 2 'i :~ i. ! ~ p- c Obviously, this is a substantial increase from what was presented to the residents at the Public Hearing. Even though the two parcels mentioned above would be exempted from the assessment, they would still at some point be required to pay the existing $4,000 access charge for water service at the time they connected. One possible way of defraying a portion of the above cost would be to use the City's Water Fund up front for the $8,000 in future hookup fees for the construction of this project. With such a scenario, the project cost would be divided as follows: Grand Total (Construction Estimate B) :: $ 68,408 :: 8.00Q = $ 60,408 == $ 6,041 = 6% Less contribution from Water Fun (2 x $4,000) Assessable Balance Per lot cost for 10 lots % Increase from Public Hearing ($5,701 to $6,041) Such a scenario would result in an assessment much closer than that presented at the April 22, 1991 Public Hearing. In addition, it addresses one of the major concerns e>..-pressed at the Public Hearing regarding the two parcels along Howards Point Road paying for curb and gutter in the Pine Bend area. Under this scheme, it would be clear that the two lots along Howards Point Road would be paying only the $4,000 water access charge. However, the workability of this breakdown depends upon the time period that the two houses would be allowed to COnnect to the watermain. The City could potentially have their $8,000 in funds tied-up for the next 20 years waiting for the two lots to make their connection. To require the two lots to make their connection and pay the required access charge would require a fundamental change in city policy regarding such connections. 1: Sincerely, , . i ORR-SCHELEN-MA YERON & ASSOCIAlES, INC. ~L~ City Engineer jcmw 06j91-cos.jh Enclosure \ I ~ \ ' I:. J.' I ~ '~ ~ ~ ~.. ~ i~ '!Ji. C'" t~ ;... ~ ~.~t '''r! ~~~ ,.c:;, !:~ -(4. ~lr I ~.,.~ (.-;;; \:2 I;:; i' i. I 1~.~ :-.~. -::" l:~ F;) r'~; i.:;: (,..:: ~~~ LE t~: .~ ~ !!l' r,,,,,, ,,"""- .._,:a;; IJ' 1-" , \~ (1;t; ~r;i: ~. ~: I~ r~4'i I.., -:': (: t~ . -A ,j; '1;, ~;! ~ J i 'I f .1 ! i j + 'i , r :l. '1:-~~ . . JUN 05 '91 13: 51 OS~1 ~lPLS, tvlN '. . -COST ESTIMATE "BI1 I ~TEM NOt OESCRZPTION I~NI~=~ 9~f~ {~~IT pRiCli ['rOTAL ~PRICE ~ A. IJATERJIlAU( AHO APPURTENANT ITEMS 01 6" DIP WA1ERMAIN fEET 0 $13.00 $0 02 8~ DIP ~ATERMAJH FEET 1200 $16.00 $19,200 03 12~ DIP WATERMAIN FEeT zoo 518.S0 $3,700 04 fIRE K~ORAN1, lEAD & GATE VALve EACH 4 $1,000.00 14,000 05 IJAUt Sf~VICU EACH 12 $500.00 S64000 SUBTOTAL WATERHAIN $32,900 S. STREET REMOVAL & RESTORATION 6 SIT. REMOVAL . H~ARO PT ROAD S.Y. T 8IT. REMOVAL - PINE SEND S.Y. a STREET REPLACEMENT . HOWARD PT fEET 9 STREET REPLACEMENT . PINE 6EHO fEET 10 CATCK BASINS EACH 50S 3030 350 1050 2 S2.00 $2.00 $12.00 $34.50 saoO.OO $1,010 $6,060 $4,200 S36,225 $1,600 SUB~OTAL STREETS 149,095 TOTAL CONSTRUCTION .35X lEGAL, eNGINeeRING, & CONTINGENCIES TOTAL PAOJfCT COST $81,995 $26,698 SllO,6j!j - LESS CONTRI8UTION fROH 1991 STREET PROJECT S4~,285 GRAND TOTAL $68,"08 PER LOT COST FOR 12 LOTS $5,10.1 P.3 tr." ,- l i if(. ! ~.- k!. ~ I':'" , " 'i:- :.~ ; ;. ~ I I '-' ft- i i ~ , . c JUI'J 05 } 91 13: 52 OS~'l ~'lPLS} ~'lN ... . ~:. J' l\.' :~ ' NO seliE 6" W.M. PROPOSED 8" W.M. A 1 ~ ~ 1 3 1 2 3 4 FUTURE 6'" I WOODSIDE ---1--- .~~ -I :or~~ PROPOSED a" W.M. ROPOSED 12" W.M. Fi 441> Loc "l"'Ct) WI..,..DII S~I!1JtG4" ~ = FIRE HYDRANT Drawing Title Orawn By: I i.S.H. qote: ~21-91 I QSM. H~G.I.n II. .tOG . . . . ,..1001.\.... lIao. . l:a.I...... . ~"Ir"'.'.n . PI....,.. ... ....."w. ....._ . .._......101 ...... . ..,..... EXHIBIT "A II P.4 r V- i' b i~ t.~ '. ':i~~ .J ~.t' 4-:" r;.:: ~* i1! 0: .r ~;<: *" ...., I:~ '1~ ~-'.:., ~~. rt <.01; ~". .~'t- " ~ I~:. I,"' ~ g ~ Ie: I. t: ~ I ',. 1: ~ !~, .. ~- ~ It " y. ~ ~-~. f1' Comm. No. 4775 Sheet no. . 1 . . RESOLUTION NO. A RESOLUTION AUTHORIZING THE PLACEMENT OF "NO PARKING" SIGNS ON BROM'S BOULEVARD WHEREAS, Shorewood City Code Section 801.01 adopts provisions of the Minnesota State Traffic Code, M.S. Chapter 169 (as amended), which Chapter provides that local authorities may place and maintain such traffic control devices upon highways under their jurisdiction as they deem necessary to regulate, warn, or guide traffic; and WHEREAS, the Council has made a determination that such traffic control devices are necessary on both sides of Brom's Boulevard. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Public Works Department is hereby directed to erect "No Parking" signs on both sides of Brom's Boulevard along the entire length of the street. 2. That these traffic regulations shall become effective at the time of the erection of said "No Parking" signs. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of June, 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk Roll Call Vote: Ayes: Nays: 1/ OSM Orr Schelen Mayeron & Associates, Inc. 20.1 tknnepm Avenue Min oils, MN 5541J tlI2-J31.MtltlO FAX 3JI-J80& Fn~lIllTr~ Survl'yors Planners . JUN - 5 fOOf JIBKO June 4, 1991 To: Mr. Glen Froberg, City Attorney ~rom: Joel Dresel, City Engineer Re: No Parking Resolution - Brom's Blvd. As discussed at the staff meeting yesterday, MnDOT has requested that the City co~ncil pass a No Parking resolution for Brom's Blvd. This resolution should include that portion of Brom's Blvd. (south frontage road along T.H. 7) from station 160+00 to station 193+00 as shown on the signing and marking plan dated April 22, 1991 by OSM and Associates. The No Parking zone should include both the east bound and west bound lanes of Brom's Blvd. Please contact me if you need any additional information. cc: Jim Hurm, City Administrator ~ . MAY 2 8 1991 . HENNEPIN DEPARTMENT OF ENVIRONMENTAL MANAGEMENT A-2309 Government Center Minneapolis, Minnesota 55487-0239 Phone: (612) 348-6509 FAX: (612) 348-9777 May 24, 1991 TO: Recycling Coordinators The purpose of this letter is to provide you with a HENNEPIN COUNTY MODEL POLICY PROMOTING THE USE OF MATERIALS WITH RECYCLED CONTENT IN PUBLICLY FUNDED CONSTRUCTION AND REMODELING PROJECTS. The Hennepin County Board of Commissioners encourages each City to adopt such a policy to promote the purchase and use of materials with recycled content in construction projects. Each City that adopts such a policy by July 1, 1991 is eligible to receive an additional. 10 percent reimbursement for its recycling program expenses. '., The implementation such policies will help "close the loop" in recycling and ensure markets for materials collected for recycling. Call me if you have any questions about the policy. Very truly yours, (:vL//N~.--L Carl Michaud Recycling Program Manager Enclosures HENNEPIN CO.UNTY on ~quol opportunity ~mploy~r PRINTED ON RECYCLED. PAPER /3 .. . 0:1533 A RESOLUTION NO. 90-11-842Rl t The following resolution was offered by commissioner Spartz, seconded by Commissioner Sivanich: WHEREAS, Hennepin County wishes to encourage municipalities to purchase materials with recycled content and to use such materials in the construction or remodeling of municipal facilities, thus encouraging the development of markets for materials with recycled content. BE IT RESOLVED, That Section IV., Method of county Reimbursement for Program Expenses, of the 1991 Funding Assistance policy for Source Separated Recyclables be changed to the following: IV. ht:,Ll:tOD OF a:xJNl'Y REIMBURSEMENT FOR PRCGRAM EXPENSES 1991 Percent Percent 1992 Pe~cent Residential County Residential Abatement Funding* Abatement >16 70% >18 >14 60% >16 >12 50% >14 >10 40% >12 <10 0% <12 Percent County Funding* The rate of reimbursemeht for ~e municipal recycling program is as follows: 70% 60% 50% 40% 0% * An additional 10% financial incentive is offered to municipalities which have adopted by July 1, 1991, comprehensive proC}.lrement policies and specification policies for publicly funded construction or remodeling projects which give equal or preferential consideration to materials with recycled content. BE. IT FURTHER RESOLVED, That Hennepin County will develop a model policy for municipal guidance. -- The q~esticn ~ss on the adoption of the resolution and there were Seven YEAS and No NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Jeff spartz X Randy Johnson X John Keefe X . John E. Derus X Tad Jude -X- Mark Andrew X Sam S. Sivanich, Chairman X RESOLUTION ADOPTED. NOV 2 0 1990 ~ '..:. '.}~ " .\:. . /- HENNEPIN COUNTY MODEL POLICY . PROMOTING THE USE OF MATERIALS WITH RECYCLED CONTENT IN PUBLICLY FUNDED CONSTRUCTION AND REMODELING PROJECTS RECYCLING PROGRAM ,. DEPARTMENT OF ENVIRONMENTAL MANGEMENT HENNEPIN COUNTY, MINNESOTA May 22, 1991 .. . r ) The Hennepin County Board of commissioners wishes to encourage municipalities, wherever practical and appropriate, to purchase and/or promote the use of materials with recycled content for incorporation in the construction or remodeling of municip~l facil~ties, thus encoUraging the development of markets for materials with recycled content. This market development is essential in the effort to "close the loop" of recycling, by encouraging the development of products that use recycled material. . To qualify for a full 80 percent reimbursement on eligible 1991 recycling costs, the Board (Resolution 90-11-842R1) is requiring that cities adopt comprehensive procurement and specification policies for PUblicly. funded construction and remodeling projects which give reasonable and appropriate consideration to materials with recycled content. The policy .must be adopted by July 1, 1991 to be eligible for full 80 percent reimbursement. Publicly funded projects include facilities that are owned and/or operated by public agencies and facilities that would be owned and operated by others and supported by public funds or obligations. The effort to "close the loop" can be accomplished when a City Council and its administration are committed to encouraging consideration of, and where appropriate, specification and/or purchase of construction materials with recycled content for use in PUblicly funded projects. Recycled content means product made with some post-consumer waste. Post-consumer waste is an item that has already served its. intended -purpose. Hennepin County has developed a model policy. to provide guidance to cities. The adoption of this policy, or one similar to it will fulfill the requirements of the funding policy in order to qualify for 80 percent reimbursement of eligible recycling costs. .. . (' l'DDEL POLICY GOAL: To ensure, wherever practical and appropriate, that materials with recycled content are used in the construction or remodeling of municipal facilities, for the City of , the council requires that: 1. within twelve months, subsequent to the effective date of this policy, the Purchasing Agent of the City of conduct a review of existing construction or remodeling projects and service specifications to determine whether such specifications promote or exclude the use of recycled products, reusable products, or products designed to be recycled, for use by department agencies, offices, boards, and commissions. 2. In the event that such specifications prohibit or otherwise exclude the use of recycled products, such exclusions or requirements should be eliminated unless the operating department or entity can reasonably demonstrate that the recycled product would be impractical, is unproven, or would not achieve necessary performance or design standards. 3. Within the same 12 month period,. all City departments and agencies rmJst make recommendations to the Purchasing Agent to ensure that performance standards and specifications for products used in construction or remodeling of municipal facilities do not prohibit the use of products with recycled content. Departments are to initiate or recommend policy changes to ensure that specifications incorporate a requirement which promotes use of materials and products with recycled content wherever practical and appropriate, or they rmJst reasonably demonstrate that either the performance requirements of the product will be compromised .or that a product with recycled content is impractical or will otherwise negatively impact health, safety or operational efficiency. --. . 4. Contractors bidding to provide products or services to the City, must meet the intent of requirements described in Paragraph 3. 5. The City will cooperate with neighboring City, County, and state governments in an effort to develop consistent, and effective procurement efforts which promote the use of recycled products in construction materials wherever practical and appropriate. 6. All related City departments and agencies will work cooperatively.to further the purposes of the Resolution. The City's economic development process will incorporate the "goal" of promoting the use of recycled material. .7. The City's Purchasing Agent shall submit an Annual Report, to be filed with the City Clerk, with a copy to the Clerk to the Hennepin County Board, which overviews the use of construction materials with recycled content which are used in the construction or remodeling of municipal facilities. . . RESOLUTION NO. Adopting Solid Waste Source Reduction Plan WHEREAS, the City of Shorewood wishes to be in compliance with Hennepin County Solid Waste Master Plan. NOW THEREFORE, BE iT RESOLVED, that the following Solid Waste Source Reduction Plan be adopted: Solid Waste Source Reduction Plan I. Definition A. Source reduction will be those practices and procedures by the City of Shorewood implemented to reduce, reuse, and recycle as much of the solid waste stream as reasonably possible. Emphasis will be given to purchasing practices that strongly consider recycled and/or reusable materials and those products that use less energy. The use of virgin materials or products which produce hazardous waste in their manufacture, use or disposal will be closely monitored. II. Goals A. The Objective will be to be in compliance with the goals objectives of the Hennepin County Solid Waste Master Plan. B. To provide workable and useful reduction information and techniques to residents and businesses of Shorewood. C. Reduce cost of operation for the City. D. Develop safe and useful environmental practices. E. Organize a volume based residential trash system. III. Existing Source Reduction Activities A. Separate and recycle City office paper. B. Purchase as much paper as possible from recycled stock. C. Staff uses their own reusable containers for beverages. D. Use Staff and Council communications binder to reduce the paper flow. IV. Planned Source Reduction Activities A. Provide continued Staff training. /4 . . . RESOLUTION NO. A RESOLUTION URGING THE HENNEPIN COUNTY BOARD TO ADOPT A LOCAL OPTION SALES TAX WHEREAS, the final tax bill passed by the Minnesota Legislature on May 20th, 1991, contains $34,000,000 in new City Aid cuts; and WHEREAS, such City aid cuts is a four percent reduction in revenue base for the year 1991 for the operation of the City of Shorewood; and WHEREAS, under the final tax bill, if Hennepin County fails to adopt a one half percent additional sales tax, the County and its cities and Townships will lose all of their traditional State Aids; and WHEREAS, the failure of Hennepin County to adopt said one half cent additional sales tax the difference between a six percent and four and one half percent sales tax goes into a local Government Trust Fund as a windfall for all local governments in the other counties; and WHEREAS, the State has given Hennepin County until July 1, 1991, to adopt the local sales tax. NOW, THEREFORE, BE IT RESOLVED that the Shorewood city Council encourages the Hennepin County Board to adopt the one half cent additional local option sales tax by July 1, 1991. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1991. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator Roll Call Vote: Ayes - Nays - /5 .. League of Minnesota Cities f'-- I . I ~~u.L~/\ I~ Cities Bulletin I' Number 20 May 24, 1991 New city aid cuts are one-tenth of governor's original proposal . Local option sales tax dediC2ted to local aids . 1992 levy limit base same as original 1991 base ( The final tax bill, which the Legislature passed on May 20 and Governor Carlson is expected to sign, contains new city aid cuts of $34 million--$17 million from the Decem- ber 1991 aid payments and $17 million from the 1992 aid payments. The $34 million of new city aid cuts is one- tenth of the $340 million the governor proposed in his original budget. Each $17 million cut will be about 1.6 percent of revenue base. While the League succeeded in greatly scaling back the governor's original proposal, the combination of new aid cuts with cuts previously enacted is still signiflcan1. The entire package of aid cuts is as follows: · Cut in July 1991 aids, passed in January-2.0 percent of revenue base (does not repeat in 1992). · Cut in December 1991 aids in new tax bill-1.6 percent of revenue base (does not repeat in 1992); · Cut in 1992 aids passed in 1990 session-2.4 percent of revenue base. · Cut in 1992 aids passed in new tax bill-l.6 percent of revenue base. Further complicating this picture are the facts that LGA and HACA (homestead and agriculture credit aid) had some increases built in before the aid cuts started. and that HACA will increase due to state payment for class rate reductions contained in the new tax bill. Overall, city, county, and township property tax relief payments are estimated to increase from $723 See Aid cuts, page 3 Cities should urge county boards to adopt local option sales tax The League urges cities to pass resolutions and contact their county board members in support of county approval of the new local option sales tax by the July 1 deadline. If a county fails to adopt the 1/2 cent additional sales tax, the county and its cities and townships will lose ALL of their aids-oLGA, HACA, and disparity reduction aid. If a county fails to adopt the tax, the sales tax rate in the county does not drop to 4-llZ percent, it stays at six percent. Yet all aids within the county are eliminated, and the difference between a six percent and 4-1/2 percent sales tax goes into the local government trust fund as a windfall for all local governments in the other counties. For an average county, failure to adopt the tax would mean aid losses equal to a two percent sales tax, while saving only 1/2 percent on the sales tax. In every county, the aid loss would be much greater than the sales tax gain. Even for Hennepin County, the aid loss would be 2.4 times as large as the sales tax gain. The ratios of aid loss to sales tax gain for other large counties are 4.7 for Ramsey, 10.5 for S1. Louis, 5.0 for Stearns, 3.9 for Olmsted, 5.0 for Anoka, and 3.6 for Dakota. If a county fails to adopt the local sales tax by July I, the govern- ing bodies of the cities and townships within a county can adopt the tax August 1. However, cities should urge their counties to approve the tax, since the short timeline and mis- understanding of the complex new provisions could result in failure to approve the tax using the city! township method. Huge aid losses would then occur. Counties are likely to expect city support for adoption of the tax, since the local government trust fund aid payments to cities will be about three times as large as the aid payments to counties. JT Aid cuts, continued from page 1 million in 1991 to $763 million in 1992. IT Local government trust fund A major new feature of the tax bill which the League bas promoted is the local government trust fund.. This fund will receive the revenues from 1 In cents of the existing state sales tax, plus a new 1/2 cent local option sales tax, making the total sales tax rate 6 1/2 cents. The 2-cent total for the trust fund is estimated to yield $699 million in fIscal year 1992 and $786 million in fIscal year 1993. It will provide total funding for non-school local aids, including LGA, HACA, disparity reduction aid, part of the $139 million base of the recent income maintenance takeover, and several smaller aid programs. Cities are hopeful that the dedicated revenue source and removal of all city aids from the state general fund will provide greater stability and growth for city aids. Estimates show that trust fund growth from the 1992-93 biennium to the 1994-95 biennium will be $254 million, allocated as follows: Aid growth provided by existing law $40 million New HACA resulting from class rate: reductions $71 million Reduction of state: costs for income mainte:nance $59 million Available for aid growth or new aid programs $84 million TOTAL $254 million While the inclusion of the income maintenance takeover in the trust fund is unwelcome, it appears justifIed by the fact that the fIscal 1992 base year only includes about II 1/2 months of sales tax receipts; thus, abnormal growth in 1993 provides adequate trust fund growth to cover all of the . categories listed above. The $84 million available for aid growth is favorable, compared to no growth provided in previous law. The extra 1/2 cent sales tax will be mandatory statewide from July 1 to December 31,1991. County boards may vote to adopt the 1/2 cent tax by July I, 1991, for sales starting January I, 1992. In a provision developed by the League, whatever the county decides can be reversed by resolutions of the governing bodies of cities and towns within the county having a majority of the county's population. Thus, if a county fails to adopt the tax, the cities and towns within the county could adopt it. Each county, as well as the cities and towns within each county, have this option for adoption or rescission each year. For 1991 and 1992, distributions from the trust fund will equal present aid amounts for each city, after the aid cuts. The bill calls for a new commit- tee, the Advisory Commission on Intergovernmental Relations (ACIR), which may recommend to the 1992 Legislature new formulas for distribut- ing trust fund money. IT Levy limits for 1992 The levy limit base for 1992 for each city will be identical to the original 1991 levy limit base, with no three percent growth, or household or population growth factor. (Levy limits . continue to apply only to cities over 2,500 population). Each city may increase its levy in 1992 enough to make up for the aid cuts in 1992, leaving the total base at 100 percent of the original 1991 base. While these levy limits are severe, the League succeeded in improving the limits from those in the original House bill and the vetoed conference committee bill. They reflect the Legislature's intent to hold down property taxes in the face of aid cuts. The key issue is achieving the repeal of all levy limits for taxes payable in 1993, as still specifted in law. IT The state-local relationship In describing the changes made to the state-local relationship and the dedication of two cents of the sales tax to the local government trust fund, Paul Anders Ogren (DFL-Aitkin), chair of the House Tax Committee, made an analogy to borrowing eggs from a next door neighbor. If that neighbor moves several blocks away, it is much less likely that they will be borrowing eggs from that person in the future. "In future years, if local govern- ments come to the Legislature for See Cuts, page 4 Municipal Board vacancy The League urges interested city officials to apply for appoint- ment to the Municipal Board. The Board acts on all boundary adjust- ments between a city and the adjacent land, and rules on incorpo- rations and dissolutions of cities. The three-member board meets monthly and conducts numerous hearings. Members must file with the Ethical Practices Board and receive $50 per diem plus expenses. The only requirement for appoint- ment is Minnesota residency for at least fIve years prior to appointment. Application forms may be obtained from the Secretary of State, (612) 297-5845. Application deadline is June 11, 1991. JJ May 24, 1991 Page 3 Printed on recycled paper Cuts, continued from page 3 additional revenue, they will be competing for categorical aids in a very competitive environment with all other spending needs, or they will have to specifically request that the Legisla- ture raise the sales tax." Ogren also stated that ..the creation of the local government trust fund returns integrity to the sales tax." referring to the original purpose of the state's adoption ofa sales tax in 1969 to fund property tax relief. "Over 60 percent of the tax increases in the (1991 omnibus tax) bill are going to provide property tax relief." SH Municipal franchise fees Cities which currently use or are considering imposing a municipal franchise fee would not be capped under the bill. The three percent cap on the fees which was in the vetoed tax bill and strongly opposed by Governor Carlson. was deleted. ' The bill also clarifies that fran- chise fee payments may also be required from cooperative electric associations that furnish utility services within the city. SH Votes on the tax bill The House voted 93 to 39 in favor of the tax bill. There were 57 DFL and 36 IR members who voted for it. In the Senate the vote was 34 to 33. with 24 DFL and 10 IR voting for the measure. See vote tally. More detailed information will be provided in next week's bulletin. Page 4 '. . File No.-H.F. 1698 - House vote Thoee who voted Kahn Rodosovich Goodno In the affirma- Kelso Runbeck Gutknecht tive were: Kinkel Scheid Hausman Knickerbocker Schreiber Henry Anderson, I. Koppendrayer Seaberg Hufnagle Anderson. R Kroeger Segal Jaros Anderson. RH. Leppik Simoneau Jennings Battaglia Lieder Skoglund Johnson. R Bauerly Long Solberg Kalis Beard Lourey Sparby Krinkie Bertram Lynch Sviggum Lasley Bishop Macklin Swenson Limmer Bodah1 Mariani Thompaon McEachern Boo Marsh Trimble Nelson. S. Brown McGuire Uphus Newmski Carlson McPherson Vellenga O'Connor Carruthers Milbert Wagenius Onnen Clark: Morrison Waltman Osthoff Cooper Munger Weaver Ostrom Dawkins Murphy Wejcman Rukavina Dempsey Nelson, K. Welle Sarna Dille Ogren Winter Schafer Dorn Olsen, S. Spk. Vanasek Smith Erhardt Olson. E. Stanius Frederick Olson, K. Those who voted Steensma Frerichs Omann in the negative Tompkins Greenfield Orenstein were: Tunheim Oruenes Orfield Valento Hanson Ozment Abrams Welker Hartle Pauly Begich Wenzel Hasskamp Pellow Bettermann Haukoos Pelowski Blatz Those not Heir Peterson Dauner voting: Hugoson Pugh Davids Jefferson Reding Farrell Jacobs Johnson, A. Rest Garcia Janezich Johnson. V. Rice Girard File No.-H.F. 1698 - Senate vote Those who voted Langseth Those who voted Johnson. J.B. in the affirma- Lessard in the negative Johnston tive were: Luther were: Kelly McGowan Kroening Benson, D.D. Merriam Adkins Larson Berglin Metzen Beckman Marty Bernhagen Mae, RD. Belanger Mehrkens Brataas Pappas Benson. J.E. Mondale Cohen Piper Berg Morse Dahl Price Bertram Neuville Dicklich Ranum Ounielewski Novak Finn Reichgott Davis Olson Frederickson, DJ. Renneke Day Pariseau Gustafson Solon DeCramer Pogcmiller Hottinger Spear Flynn Riveneu Johnson. D,E. Storm Frank Sams Johnson. DJ. Stumpf Frederickson. D.R. Samuelson Knaak Traub Halberg Vickerman Laidig Waldorf Hughes (' ( C', Printed on recycled paper LMC Cities Bulletin . . STATE OF MINNESOTA DEPARTMENT OF REVENUE Local Government Services Division Mail Station 3340 St. Paul, MN. 55146-3340 May 30,1991 To: Mayors of Cities and Chairs of Town Boards Your county board will be deciding by July 1, 1991 whether or not to impose a local option sales tax for 1992. This requirement results from a law passed by the 1991 state legislature. This letter: explains the provisions of the law authorizing the county board to impose a local option sales tax; explains the consequences of the board1s decision not to impose the tax; and describes the procedures city councils and town boards can follow to reverse the decision of the county board. Local Option Sales Tax Under the law, an increase in the state sales tax rate of one-half percent automatically goes into effect July 1, 1991 and automatically expires on December 31, 1991. For the period after December 31, 1991, the law gives each county board the option of imposing a one-half percent local sales tax in the county. Thus, for the local option sale tax to take effect after December 31, 1991 each county board must act to impose the tax in the county. The county board must make its decision to impose the tax by July 1 of the year. The board must notify the Commissioner of Revenue of its decision by July 15. If the county decides to impose the tax, it will go into effect on January 1 of the next year. If it decides not to impose the tax by July 1 of this year, it will be automatically removed effective January 1, 1992. Once a board has decided to impose the tax, it remains in effect until it acts to rescind the tax -- unless cities and towns or voters take action to rescind the tax as described below. If the county board decides to rescind the tax prior to August 1 of any year the tax is removed on July 1 of the next year. If imposed, the local option sales tax will be collected by the Department of Revenue -- along with the state sales tax. All the administrative require- ments of imposing and collecting the tax -- including notification of retailers -- will be handled by the Department of Revenue. continued. . . AN EQUAL OPPORTUNITY EMPLOYER JUN :: 3 199/ . . Consequences of not imposing the local option sales tax If your county decides not to impose the local option sales tax for any year, the city, town, county and special taxing district governments within your county will not receive payment of state aids in the following year for: · homestead and agricultural credit aid (HACA) · disparity reduction aid and attached machinery aid · homestead and agricultural credit guarantee · supplemental homestead credit · disparity reduction credit · 25 percent of the base aid for county human service programs · local government aid and equalization aid If the local government aid to a city, town or county, or the aid for human service programs and the attached machinery aid to a county is reduced or eliminated because a county board decides not to impose the local option sales tax, counties, cities and towns are authorized to increase their levy limits to make up for the loss of these aids. The loss of the other aids and credits listed above is automatically made up through higher property taxes. Revenue from the local option sales tax will be deposited in a new trust account dedicated to the payment of state aid -- the local government trust fund. In addition, the law provides for the depositing of 25 percent of the revenue raised from the six percent state sales tax rate into the fund. Reversing the decision of the county board To reverse the decision of a county board to impose or rescind the tax, the city councils and town boards of cities and towns whose populations make up a majority of the county's population must adopt resolutions to impose a tax rescinded by the county, or rescind a tax imposed by the county. Also, in cases where your county board never takes action to impose the tax, city councils and town boards can vote to impose it. The decision of the cities and towns affects the entire county. Cities and towns must enact their resolutions no later than August 1. The county auditor must notify the Commissioner of Revenue of the decision of the cities and towns. In addition, beginning in 1993, voters can elect to rescind the tax imposed by their county. To rescind the tax, voters must begin by filing a petition with the county signed by at least ten percent of the voters in each city and town in the county. This requires the county to put the issue on the ballot at the next general election. To rescind the tax, a majority of the voters voting on the issue must vote to rescind. If you have questions, please call Rich Gardner of the Department's Local Government Services Division at (612) 296-3155. Si cerely, JI /~f;'. /} (), t~' L/! f7c.LcJ~d_~', Dor thy (... cClung I,) Com 'E5' er G . . 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 FROM: James C. Hurm, City Administrator DATE: June 5, 1991 RE: Agenda Item 17-D-1 Replacement Amesbury Report on Request for Sign Public Works Director Don Zdrazil has reviewed the area in question several times and has found that the current signage is proper and in the right location. At this writing he has not been able to speak directly with Mr_. Berkley. When he meets with Mr. Berkley he will find out exactly what the problem is. Several of the safe hits are missing and are on order. When they arrive they will be installed by the City crew. Council will be updated at the meeting. all ! 1-D- / A Residential Community on Lake Minnetonka's South Shore s cO ~ bJJ o ~ ~ ~ I:: a) S ~ o ......-( a) :> a) Q >-. ~ .- ......-( .- o cO ~ r/) ~ ~ o ~ o .- ......-( ..0 ::3 ~ OJ) c ..... '"' 0- r/) ~ ~ c ~ '"' Q) .0 E Q) > o Z '"' Q) .0 o ~ C) o ~ .0 E Q) fr r/) ~ en ::l OJ) ::l <: >. - ::l 1--0 Q) C ::l 1--0 . t.:.:.:.:.:. ~::::::::::: ............~ ............ ~~!.......... enQ ~ ....... ~~ ~CI) P:::........ Q) ..... ::l .0 ..... '"' ..... en r/)O CJ l-o cd fr l-o ~ ,.... - .- ""'0 - .- ~ t:Q - ~ ~:; ~ ~ o 0 o..u 0........ .... ~ .... lU > .- Q) o - lU l-o cd fr .... ~ y ..........., 6' en.,cg ~CI) C ........ cd ..... - ::l en C o U ~ Q) .E Q) ..... ,- ..:::; . .-tc ;::::; ..... C) c _- ;:I._ o U U c ;:I o 0 ~u g >. .- .0 ~ C "0 0 c._ Q).~ C C) - Q) EO o C) Q) P::: c o '.c u E en c o U ~........... ,............ Ii!! en U Q) 0- CI) - en @ OJ) - c ~ .- u ....... c o cd c .5 o~ .~ "0 l-o C cd cd fr '"' ~ ~~ ~ u o g ~8 o ..... a) ~ .- U) -- ~ .- en ""'0 @ ~~ C) . . . en U lU 0.. CI) a<3 en -0 .- l=Q .... c2 Q) <I) ..... l-o Q) > -0 <: . en -0 ~ c:.> > .~ u Q) P::: c:: :R r ~ , ~ II ~ C) cd '"' ..... c o U -0 I-oc cd ~ <: - en "0 ~ fr u C) <: c .9 ..... u ;:I 1:: en c o U 17 D.2- . . ... ....., --.- 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 DATE: June 4, 1991 ~ MEMO TO: Mayor and Councilmembers FROM: James C. Hurm, City Administrator RE: A Transportation Task Force in Relation to the Old Market Road Intersection I have been able to learn very little about the Task Force on Transportation which had been discussed several times in the past at the city Council level. However, the Handbook for Minnesota cities written by the League of Minnesota cities states the following, "The City Council may create and disolve (Advisory Boards and commissions) by resolution, appoint people to serve on them, and exercise other powers of general supervision over them." The handbook continues... "Advisory boards conduct studies and investigations on behalf of the council and submit reports and recommendations for council consideration. Advisory Board decisions do not take effect until the council has accepted the decision by passing an ordinance or resolution." "The Council may organize advisory groups in any manner it deems appropriate." "An Advisory Commission may be an ad hoc body which the council creates for a special purpose to conduct an investigation for example, and which ceases to exist when it has fulfilled that purpose. Some Mayors appoint these bodies informally to act as advisory groups without official powers." 11 D - 3 A Residential Community on Lake Minnetonka's South Shore .. ...-. --.. . . Page Two - Memo on Transportation Force Considering this procedure outlined in the Handbook for Minnesota cities and the apparent lack of definition for the task force in question, I suggest the following: define the purpose of the task force in a mission statement, - establish the number of members to serve on a task force, - set specific objectives for the task force, establish a time frame under which the task is to be completed and the task force abolished, - determine if the Councilor the Mayor will make appointments, and then make the appointments so the the work of the task force can begin. will the Chair be appointed by the Mayor, The Councilor the Task Force? will the Administrator be a non voting member of the Task Force as a staff resource? - identify what budget the Task Force will have and specifically how it will be spent (normal City policies and procedures must be followed for any public expenditures). This information will be stated in a resolution to prevent any further misunderstandings. I recommend that the resolution state that all task force meetings shall be called by the chairman through the City Administrator's office and held at the City Hall, unless there is a specific reason why it should be held at some other location, such as for a tour. all CK NO CHECK APPROVAL L~ING FOR JUNE 10, 1991 CO~L MEETING TO WHOM ISSUED PURPOSE AMOUNT ~HECKS ISSUED SINCE MAY 20. 1991 6844 6845 6846 6847 6848 6849 6850 6851 6852 6853 6854 6855 6856 6857 6858 6859 6860 6861 6862 6863 6864 6865 6866 6867 6868 6869 6870 6871 6872 6873 6874 6875 6876 6877 6878 (L) (G) (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) (G) (G) (G) MN Dept of Revenue MN Dept of Revenue Metro Sales Inc. Bellboy Corporation Griggs, Cooper and Co. Johnson Brothers Liquor Harry Niemela Northern States Power Pepsi-Cola Company Ed Phillips and Sons Pogreba Distributing Ryan Properties Quality Wine/Spirits US West Communications Mr. Jack Duda MN City/Cty Mgmt Assoc. MN Pollution Contr. Agcy University of Minnesota Cash Bradley Nielsen Communications World PERA MN Mututal Life Physicians Health Plan Group Health Inc. Medcenters Health Care League of MN Cities Commisso of Revenue First State Bank PERA ICMA Retirement Trust City Cty Credit Union AFSCME Local #224 Child Support Enforce. PERA CONTINUED NEXT PAGE April sales tax April fuel tax Reissue of ck #6435-lost in mail Liquor purchases Liquor and wine purchases Liquor and wine purchases June rent for store I Utilities Misc. purchases Liquor and wine purchases Beer and misc. purchases June rent for store II Liquor and wine purchases Utilities/advertising Refund of park dedication fee MCCMA membership dues-J. Hurm Certificate renewal-D. Johnson Seminar registration_D. Johnson Spring clean-up cash box money Section 125 reimbursement Balance due on phone system srv. Additional life premiums-May/June Employee accident/sickness-June Employee health ins-June Employee health ins-June Employee health ins-June Employee dental ins-June Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions -1- ~ 19 $ 8 ,912. 57 51.56 :m.70 2,825.10 4,319.61 . 1,969.50 1,564.00 1.84.61 319.22 483.81 1,270.40 2,115.00 1,856.45 235.68 7:D.00 :D.OO 15.00 5.00 1:D.00 140.00 56.00 78.00 100.00 4,282.00 642.92 477.20 400 .15 833.33 5,865.32 1,680.05 557. :D 45.00 126.70 178.2:> 15.00 CK NO . . CHECK APPROVAL LISTING FOR JUNE 101 1991 COUNCIL MEETING TO WHOM ISSUED PURPOSE CHECKS ISSUED(CONTINUED) 6879 6880 6881 6882 6883 6884 6885 6886 6887 6888 (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) Larry Schimmelphennig Bellboy Corporations Griggs, Cooper and Co. Johnson Brothers Liquor MN Bar Supply Northern States Power Ed Phillips and Sons Quality Wine/Spirits Waste Management Savage Weekly News, Inc. Recycling award $ Liquor purchases Liquor, wine and misc. purchases Liquor and wine purchases Misc. and supplies purchases Utilities Liquor, wine and beer purchases Liquor and wine purchases Utilities Advertising TOTAL GENERAL TOTAL' LIQUOR TOTAL CHECKS ISSUED -2- AMOUNT 25.00 1,187.15 6,233.22 1,240.00 148.02 269.93 1,446.78 1,511.34 71.00 256.00 16,912.63 38,424.39 55,337.02 CK NO CHECK APPROVAL L~ING FOR JUNE 10, 1991 CO~L MEETING TO. WHOM ISSUED CHECKS FOR COUNCIL APPROVAL 6889 6890 6891 6892 6893 6894 6895 6896 6897 6898 6899 6900 6901 6902 6903 6904 6905 6906 6907 6908 6909 6910 6911 6912 6913 6914 6915 AT & T Albinson All Steel Products Alternative Staffing American Linen Supply CH Carpenter Lumber Cellular One City of Chanhassen Chapin Publishing Chaska Parts Service Crosstown-OCS, Inc. Harold Dircks Rolf Erickson Froberg and Ahern, P.A. Hance Hardware Paul Helgesen Henn Cty treasurer Jim Brown Sod Farm L-J Rubber Stamp Co. MTI Distributing Midwest Asphalt Corp. Minnegasco, Inc. MN Suburban Publications Munitech, Inc. Northern States Power Northern States Power Orr, Schelen, Mayeron and Associates CONTINUED NEXT PAGE PURPOSE Utilities Vellum-planning Covington Rd. culvert parts Temporary office help PW laundry services-May Maintenance supplies Air time for cellular phone Animal control services-April Publishing Vehicle maint. parts Coffee and paper products Council meeting taping June assessing fee/supplies May legal fees develop. 60.00 on-going 120.00 Waterford 1,980.00 TIF 1,020.00 Shady Hills 360.00 prosecutions 1,381.25 general 2,500.00 disb/retainer 285.00 Maintenance supplies City hall janitorial services Prisoner expense for April Sod for Sweetwater Curve Office supplies Truck repair parts Street materials Utilities Publishing Water/sewer services for June Street light utilities Utilities April engineering fees general 2,063.00 on-going 488.25 water 225.00 sewer 348.75 -3- AMOUNT $ 70.52 9.45 .358.60 712.19 382.10 222. 00 34.66 fJ79 . 60 222 . 00 95.87 165. 50 120 . 00 2,697.30 7,706.25 39.49 220 . 00 21.6.00 19.50 23.90 141. 56 551.28 45.22 83.20 5,880.00 1,781. 90 813 . 21 3 ,12 5 . 0 0 CK NO . . CHECK APPROVAL LISTING FOR JUNE 10, 1991 COUNCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL(CONTINUED) 6916 6917 6918 6919 6920 6921 6922 6923 6924 6925 6926 6927 6928 Joseph Pazandak Pepsi-Cola Company Katie Snyder Thomas MFG Company Tonka Ford Twin City Stamp/Printing US West Communications Underwater Sch. America Vessco Inc. Carl E. Vogt Waste Management Savage Water Products Widmer Inc. Protective insp mileage/film proc. Pop machine rental Council, planning, bd/rev minutes Picnic table legs Truck repair parts Door plates-city hall Utilities Wet st rental/Silver Lk Tr drainage Well repair parts Tree inspection Utilities Water meter accessories Mtka Blvd watermain break 60.29 10.00 930 . 00 7B7 . 00 33.55 18.58 58.83 41.00 69.08 181.10 619.10 34.94 588. 70 TOTAL CHECKS FOR APPROVAL 29,218.47 TOTAL CHECK APPROVAL LIST 84 ,555 ~49 -4- " CHECK APPROVAL L~ING FOR JUNE 10, 1991 CO~IL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR JUNE 4, 1991 PAYROLL 205180 VOID 205181 (L) Scott Bartlett 7.5 reg hours $ 42.13 205182 (G) Barbara Brancel Mayor 197 .10 205183 (G) Robert Daugherty Council 147.82 205184 (G) Charles Davis 80 reg hours 426 . 41 205185 (G) Wendy Davis 80 reg hours .640.95 205186 (L) Kevin Foss 9.5 reg hours 50.56 205187 (L) John Fruth 27 reg hours 123 .17 205188 (G) Robert Gagne Council 142 . 50 205189 (G) Patricia Helgesen 80 reg hours 768. 60 205190 (G) James Hurm 80 reg hours 1 ,43 9 . 9 5 205191 (L) Brian Jakel 55 reg hours 240.66 205192 (G) Dennis Johnson 82 reg hours 718. 66 205193 (L) William Josephson 80 reg hours too. 57 205194 (L) Mark Karsten 7 reg hours 35.16 205195 (G) Anne Latter 80 reg hours 556.75 205196 (L) Susan Latterner 30 reg hours 144. 98 205197 (G) Todd Latterner 41.5 reg hours 345 .11 205198 (G) Daniel Lewis Council 147.82 205199 (G) Joseph Lugowski 80 reg hours-9 OT 829.23 205200 (L) Robert Lynch 20 reg hours 106 . 43 205201 (L) Russell Marron 41 reg hours 2)2 . 86 205202 (G) Lawrence Niccum 80 reg hours-9 OT 699. 75 205203 (G) Susan Niccum 80 reg hours r:f37 . 26 205204 (G) Bradley Nielsen 80 reg hours 866 . 20 205205 (G) Joseph Pazandak 80 reg hours 844.08 205206 (G) Daniel Randall 82 reg hours 727 . 82 205207 (L) Brian Roerick 4 reg hours 21.29 205208 (G) Alan Rolek 80 reg hours 956.93 205209 (L) Brian Rosenberger 10 reg hours 49.27 205210 (L) Christopher Schmid 80 reg hours 478.88 205211 (L) Craig Scholle 13.5 reg hours 66.63 205212 (L) Erica Shaw 43 reg hours 190.16 205213 (G) Howard Stark 80 reg hours 565. 78 205214 (G) Kristi Stover Council 150 . 00 205215 (L) James Tews 36.5 reg hours 151.62 205216 (G) Ralph Wehle 80 reg hours 565. 24 205217 (L) Dean Young 80 reg hours 565 . 51 205218 (G) Donald Zdrazil 80 reg hours 1 ,054.92 TOTAL GENERAL TOTAL LIQUOR 13,378.88 3 ,069.88 TOTAL PAYROLL 16,488.76 -5-