Loading...
12-13-10 CC Reg AgendaCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 13, 2010 AGENDA 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Attachments 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 22, 2010 Mayor Lizee Bailey Turgeon Woodruff Zerby B. City Council Executive Session Minutes, December 6, 2010 C. City Council Special Meeting Minutes, December 6, 2010 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda A. Approval of the Verified Claims List B. Approval of Amendment to Residential Recycling Grant Agreement C. Adoption of the 2011 -2015 Capital Improvement Plan D. 2010 Fund Equity Transfers E. Setting the Storm Water Pollution Prevention Program Meeting Date F. Authorize Expenditure of Funds for Replacement Heaters for Boulder Bridge Well House G. Extending the Electronic Parcel Database (EPDB) License Agreement with Hennepin County for the Year 2011 Minutes Minutes Minutes Claims List Administrator's CAF Finance Director's CAF, Resolution Finance Director's CAF, Resolution Engineer's CAF Director of Public Works' CAF Deputy Clerk's CAF, Resolution CITY COUNCIL REGULAR MEETING AGENDA — December 13, 2010 Page 2 of 3 Attachments 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Councilmember Recognition Administrator's CAF B. Lake Minnetonka Communications Commission activities report by Representative Ken Hendrickson 7. PARKS 8. PLANNING - Report by Representative A. Zoning Ordinance Amendment Pertaining to Nonconforming Buildings Planning Director's and Uses CAF, Draft Ordinance B. Zoning Ordinance Amendment Requiring Trash Enclosures Planning Director's CAF, Draft Ordinance C. Variance Request for Gideon Cove Planning Director's Applicant: Gideon Cove Homeowners Association CAF Location: Outlots A -C, Lawtonka D. Status of Zoning Compliance Planning Director's Appellant: Gale Olson, Jr. CAF Location: 25755 Birch Bluff Road E. Zoning Violation Appeal Planning Director's Appellant: Bill Mason CAF Location: 27680 Island View Rd 9. ENGINEERING /PUBLIC WORKS A. Island Sanitary Sewer Repairs Engineer's CAF 10. GENERAL /NEW BUSINESS A. Cell Tower Lease Rate Discussion Planning Director's CAF B. Financing Agreement for EFD Self- Contained Breathing Apparatus Administrator's CAF C. GASB 54 Discussion Finance Director's CAF, Resolution D. Delegation of Authority for Paying Certain Claims Finance Director's CAF, Resolution CITY COUNCIL REGULAR MEETING AGENDA — December 13, 2010 Page 3 of 3 Attachments E. City Administrator's Performance Evaluation Administrator's CAF F. MCWD Water Plan Amendment Proposal Administrator's CAF 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. October 2010 Financial Report Finance Director's Memorandum B. Mayor and City Council 12. ADJOURN CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 . 952- 960 -7900 Fax: 952- 474 -0128 • wwwxi.shorewood.mn.us • cityhall,ra,)ci.shorcwood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 13 December, 2010 7:00 p.m. A 6:15 P.M. Council Executive Session is scheduled this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: This Amendment to the Hennepin County Residential Recycling Grant Agreement extends the term of the Agreement for one year to December 31, 2011. The amendment also adds the Final 2011 Report due date of February 15, 2012. Upon approval by the Hennepin County Board, the city will receive its grant payment. Agenda Item #3C: This item adopts the 2011 -2015 Capital Improvement Plan as presented at the November 22 Council meeting. Agenda Item #3D: This item authorizes transfers to close the Waterford III TIF District, City Hall Construction, and Public Safety Building capital projects funds. Agenda Item #3E: As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. This permit was originally obtained in March, 2003. The public education and outreach requirement of the permit requires an annual public meeting be held to discuss the Storm Water Pollution Prevention Program. Staff is recommending that this meeting be held January 24, 2011, at 7 PM, as part of the regular City Council meeting. Staff recommends that Council set this date and time for the Public Informational meeting. Agenda Item #3F: The 2010 operations budget for the municipal water system has designated $3.000 to replace two unit heaters. Staff is recommending approval of a motion for authorization, not to exceed $2,500, for replacement of the two heaters. Agenda Item #3G: Approval of a Resolution extending the EPDB License Agreement #A1301.0 with Hennepin County in order to continue to receive updated parcel map data from the County in the year 2011. Agenda Item #6A: Councilmembers Jeffery Bailey and Laura Turgeon will be recognized for their service on the City Council. Executive Summary — City Council Meeting of December 13, 2010 Page 2 of 2 Agenda Item 4613: Representative Ken Hendrickson will provide a report on recent Lake Minnetonka Communications Commission (LMCC) activities. Agenda Item #8: A Planning Commission representative will report on the recent Planning Commission meeting. Agenda Item 48A: The Planning Commission has recommended a zoning text amendment that addresses nonconforming buildings, structures and uses, making the Zoning Code consistent with current state law. One of the provisions allows nonconforming buildings to be relocated when better zoning compliance can be achieved, even if not full compliance. They have recommended a process that would include Planning Commission review and recommendation and Council approval for such cases. This amendment, if passed, has some effect on another item on tonight's agenda — the Gideon Cove HOA Variance request. If the amendment is adopted, which staff recommends, the variance becomes unnecessary. Agenda Item 4813: A zoning text amendment requiring enclosures for trash receptacles has been recommended by the Planning Commission after they held a public hearing on the matter last Tuesday. A minor revision, suggested by Councilmember Woodruff, allowing trash containers to be placed at the street the night before collection day has been drafted for your consideration. Staff recommends approval of the amendment. Agenda Item #8C: The Gideon Cove Homeowners Association has applied for a variance to replace to two existing nonconforming buildings on their common area peninsula with one structure that complies with setbacks to the extent the width of the property will allow. This is one of the first requests to come in since the recent variance decision by the Supreme Court. Since the grant of a variance in this case could be considered quite a stretch of the hardship requirement, staff has recommended a provision relative to nonconformities that would accommodate the HOA's plans. As mentioned in 8A, above, the Planning Commission has recommended in favor of the proposed amendment. They have continued the variance request pending the outcome of the amendment. They went on to recommend approval of the HOA plan, subject to certain conditions, one of which includes relocating an existing fence onto their property and off of the public right -of- way. If the aforementioned amendment is adopted, the City Council should act on the HOA site plan. Agenda Item #81): The Administrator and Planning Director met with Gale Olson, Jr. and his mother to discuss their appeal to code violation notices. The owners have made progress in complying with the codes and staff has suggested that we continue to work with them toward compliance. Agenda Item 48E: Bill Mason has appealed a zoning violation notice requiring him to reduce the number of docks on his property from three to one. He feels that one of the structures is not a dock, but a deck and that it should be "grandfathered in ". The structure in question fits both the City's and the LMCD's definition of dock, and staff recommends that the code requirement be enforced. The individual who made the initial complaint may be at the meeting on Monday. Executive Summary — City Council Meeting of December 13, 2010 Page 3 of 2 Agenda Item 99A: Staff received three quotes for island area sanitary sewer repairs. Staff recommends that the City Council direct staff to work with Visu Sewer, Inc. for the sewer repairs not to exceed $30,000. Agenda Item #I OA: Staff has researched what we are currently charging teleeorn carriers for leasing space on the city water towers and recommends a new lease rate of $26,600. Agenda Item #1 OB: This is the financing agreement for EFD Self- contained Breathing Apparatus, Agenda Item #1 OC: This item discusses changes required by GASB 54 for financial statement presentation. The action requested is to transfer the Liquor fund balance to the Community Infrastructure fund based on GASB 54 requirements. Agenda Item #I OD: This item requests that the City Council delegate authority to pay claims to the City Administrator and Finance Director for periods when a council meeting is cancelled and to allow wire transfers for bond payments. Agenda Item #I OF: This item is the City Administrator's performance evaluation. Agenda Item #1 OF: This is the MCWD Water Plan Amendment Proposal. Agenda Item 411.A.1: This is the October 2010 Financial Report. #Za CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 22, 2010 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Lizee; Councilmembers Woodruff Administrator Heck; Finance Director DeJong; ar Absent: Councilmembers Bailey and Turgeon. B. Review Agenda Woodruff moved, Zerby seconded, approving the agenda as p 2. APPROVAL OF MINUTES A. Canvassing Board Minutes, November 8,2010 Zerby moved, Woodruff seconded, Approving the Canvassing as presented. Motion passed 310. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. ey Tietj en; City Nielsen. Motion passed 310. Minutes of November 8, 2010, B. City Council Work Session Minutes, November 8, 2010 Zerby Novem City Council Work Session Minutes of C. , City Council Regular Meeting Minutes, November 8, 2010 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of November 8, 2010, as amended in Item 6.A, Page 5, Paragraph 5, Sentence 1 change "those that live on Enchanted and Phelps Islands" to "those that live on the Islands ". Motion passed 310. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. 2011 Benefits CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 2 of 11 C. Approving ORDINANCE NO. 471 "An Ordinance Titled "License, Permit, Service Charges and Miscellaneous Fees." D. Shorewood Yacht Club Update E. Upper Minnetonka Yacht Club Update esentative )n District vs. as lengthy D to adopt he vehicle tent. There ;hore zone miles per )h from 30 t Lake and :s desire to ironmental is had two work sessions so far with Woodland Cove Development about its proposed development on Halstead's Bay. The developer wants to put in 137 docks. The City of Minnetrista is heavily involved. The Hennepin County Sheriff's Water Patrol has issued 48 boating while intoxicated citations year -to- date in 2010 compared to 104 in 2009 and 76 in 2008. It issued 21 citations for minor consumption year - to -date in 2010 compared with 33 in 2009 and 50 in 2008. It issued 1 careless boating citation year -to- date in 2010 compared to 23 in 2009 and 8 in 2008. No one drowned in Lake Minnetonka year -to -date in F. Authorization for Expenditure of Funds — HVAC Equipment for Wells CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 3 of 11 2010. There was one deputy available for patrol activities during the 2010 boating season compared to 2 or 3 in previous years. The hours worked year -to -date in 2010 is 3035 compared to 4011 in 2009. The result of the LMCD's biannual shoreline storage count (how many watercrafts are moored on Lake Minnetonka) is 9,230. The 2008 count was 10,233 and the 2006 count was 10,278. The 10 -year average count is 9,917. With regard to aquatic invasive species (AIS) activities, the Army Corps of Engineers has provided the Minnesota Department of Natural Resources (MnDNR) with its report on the results of the 2010 3 -Bay chemical treatment program. It's expected to be available to the LMCD in the near future. Once the report has been published discussion about potential treatment activities for 2011 can begin. The LMCD harvested 384 acres in Lake Minnetonka for Eurasian Watermilfoil in 2010 and it removed 137 truck loads of growth. In 2009 350 acres were harvested and 170 truck loads of growth were removed. In 2008 309 acres were harvested and 97 truck loads of growth were removed. There was extensive growth in 2009. The Minnehaha Creek Watershed District engaged lake out asking what the owners found regarding zebra muss infested with zebra mussels has been installed at all put have adopted a resolution so far regarding how fine distributed. A meeting was held with the Lake represented, to discuss enforcement of AIS law; Patrol will provide the needed training for patro: session for lake associations on AIS. During a te mitigation programs used in lakes. Three subject AIS control, mitigation and treatment. It appears reasonable. Woodruff noted he attended one LMCD Invasive Species Lake Minnetonka area police MnDNR lake association ses, 7. PARKS Mayor Lizee noted Park Con report on the Park:Commissic Mayor Lizee gave a brief rel Commission meeting (as deta 8. PLANNING Sion it AIS transportation violations is nts, of which all but two were ennepin County Sheriff's Water Vaters and the MnDNR hosted a is noted there are many different ,d people are still learning about AIS related activities have been '5 of the LMCD Board meetings and work sessions, he co- chaired )rce meeting, he presented AIS enforcement information during the neeting, and he represented the LMCD at the Minnesota Waters and ier Swaggert was not able to be in attendance this evening to give a meeting. in matters considered and actions taken at the November 9, 2010, Park in the minutes of that meeting). Commissioner Hasek reported on matters considered and actions taken at the November 16, 2010, Planning Commission meeting (as detailed in the minutes of that meeting). A. Zoning Violation Appeal — Birch Bluff Road property owners via survey forms it mailed ew AIS signage stating Lake Minnetonka is )at launches. Three cities in the LMCD area area police do The MnDNR Director Nielsen stated Gale Olson, Jr. owns the property located at 25755 Birch Bluff Road. The City has received resident complaints citing a number of issues with that property. The complaints resulted in CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 4 of 11 the City sending Mr. Olson a Zoning Violation Notice and a Notice to Remove in October 2010 for a number of zoning and nuisance violations on that property. He noted the City is in the process of investigating a potential violation with the number of accessory structures on the property but that is not included in these notices. He stated the meeting packet includes a number of copies of photographs of the premises taken by the City's Building Inspector. Mr. Olson has appealed the notices, but his appeal letter does not explain the nature of the appeal. It's unclear whether Mr. Olson is requesting additional time to comply or if he objects to the notices for other reasons. Nielsen then stated when a property owner requests more time Council generally grants the request, frequently for up to 30 days, provided the individual has demonstrated a good faith effort to comply. It's unclear if Mr. Olson has made a good faith effort because City representatives have not gone back on to the property to see what progress has been made. He noted that during the inspection Mr. Olson asked the City's Building Inspector to leave the premises part way through the inspection. He stated the City has continued to monitor the numbers of vehicles on the premises, noting most of them are registered to people living on the property but a couple of them are not. He explained there is a provision in the City Ordinance that talks about screening more than five motor vehicles. Mayor Liz6e noted the City received a letter of appeal from Mr. Olson on October 14, 2010. She asked Mr. Olson if he would like to address Council. Gale Olson, Jr., 25755 Birch Bluff Road stated he disagreed with what the City Building Inspector was doing on his property. When he spoke with the Inspector on the phone before he came out to the property, the Inspector indicated Mr. Olson had stuff going over to the west side of his property and the Inspector was going to inspect that. When the Inspector was at the property Mr. Olson pointed out to him that there was not anything over on the west side of the property. The Inspector replied that he was not out at the property to check that; he was out there to check vehicles and to measure the size of the sheds. Mr. Olson noted that he has been before 'Council about his sheds 4, 8 and 12 years ago. He explained that he received permits to put up the sheds he has on the property. He questioned why he has to repeatedly come before Council to talk about sheds he got permits for. Mr. Olson then stated the Building Inspector gave him two different reasons for his visit. He commented he does not like to keep dealing with people who keep changing their mind about why they are inspecting his property. He explained that from his vantage point the Inspector started to nit pick and when that happened he told the Inspector "I think we're done ". After that they walked partly up the hill and then the Inspector poked at his watch and said "you're kicking me off the property at 6:30 ". They continued to talk in front of the house until 7:30. Mr. Olson explained the vehicles on the property are owned by people living in the house. The one vehicle that Director Nielsen had stated was registered to someone else is being used by his brother -m- law who lives in the house and it's on loan to him from another brother -in -law. He received a letter informing him that he has to remove that vehicle from the property immediately, so he told his brother -m- law who is using the vehicle to get to and from work that he has to remove the vehicle. He is unsure of where the City got the license plate number from for a trailer. That plate is not on any of the trailers on his property. He noted he had told the Building Inspector at the time he was on his property that he uses the tractor, owned by him and his brother, on the property to grade the driveway after heavy rains and to plow his driveway during the winter. He also noted he puts a portable canvas over the tractor. Mr. Olson stated people can drive by his property and see what has or has not been done to it. The vehicles, with the exception of one or two of them, are all gone during the day. They are there during the evening when people come back home. The same number of vehicles has been there for four years. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 5 of 11 Mr. Olson noted that his next door neighbor has told him he has not complained about his property, and the neighbor knows that if he were to complain to him it would get changed. He explained that a person has to walk down the hill behind his house to see anything. After the Building Inspector left his property he took a picture from where the Inspector was standing of what you could see behind his property. He noted he can't see anyone's house behind his property and he doesn't think anyone can see his property from their house. He stated there is a shed back there that is not his and it's not on his property. Mr. Olson submitted pictures for the record. Mr. Olson explained he put a fence around a ladder and plank behind standing behind the shed to see it. A person would also have to be be materials that are supposed to be in violation. From the roadway to the b foot drop. He has heard from people in the neighborhood that sometime; the road when they are trying to go faster than the 25 miles per hour spec Mr. Olson stated everything is licensed and gets used. The gazebo taken down during the winter months. He asked what is wrong with responded it's the number of accessory buildings in total. Mr. Olson structures has not changed. Nielsen noted the sheds are not included noted the City is acting on a complaint received; the City doesn't go stated the Building Inspector had told him he had to measure the shed Mayor Lizee stated that this evening's meeting packet includes a at 25722 Birch Bluff Road prepared by Staff and attached to it ai copies of the two notices dated October 6, 2010, that were sent t( and a copy of Mr. Olson's letter to appeal. She explained the Cit: property and the City is asking him to do something about that. ;hed and a person has to be his shed to see some of the f the shed is more than a 30- hey can't see around trailers on limit. snown in one or rite pnotograpns is a portable gazebo. Director Nielsen responded the number of accessory in either of the notices. Nielsen also )ut looking for violations. Mr. Olson form about the violations -s of photographs of the premises, )lson at his Birch Bluff residence, ved complaints about Mr. Olson's Mayor Lizee asked Mr. Olson to clarify what he is appealing. She noted the Building Inspector is not present to clarify actions he took when he visited Mr. Olson's property. She suggested that she, the City Administrator, the Zoning Director and Mr. Olson meet to see if they can reach consensus on how to work together on this. This can then be reconsidered during Council's December 13, 2010, meeting. to hours. Zerby moved, Woodruff seconded, continuing the consideration of appeal to code violation notice from Gale Olson,' Jr.,, 25755 Birch Bluff Road, to the City Council regular meeting on December 13, 2010. Councilmember Woodruff reiterated Director Nielsen's comments that the City is not here to cause problems for residents, and that the City has to act on complaints it receives. He stated if there is something in the notices that is incorrect the City would like to correct that. Mayor Lizee asked Mr. Olson to call Administrator Heck tomorrow during business hours to arrange a meeting time. Motion passed 310. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 6 of 11 9. ENGINEERING /PUBLIC WORKS Mayor Lizee stated Public Works Department personnel did a terrific job dealing with the problems caused by freezing rain the past weekend. 10. GENERAL /NEW BUSINESS A. Commission and Board Appointments Mayor Lizee explained that every year Council makes appointments to the Park and Planning Commissions and to various boards. There will be two seats open for each of the Commissions in 2011. It's important for the incoming 2011/2012 Council to give some thought to appointments before Council's first meeting in January 2011. She commented she did not think anything more needed to be said about this topic. Administrator Heck stated Staff is not asking Council to take any action this evening. He then stated Council will also need to make an appointment to the Lake Minnetonka Communication Commission in January. He suggested Council consider having the City make a general announcement about the positions that will be vacated rather than advertising for the various positions specifically. B. 2010 Audit Services Director DeJong stated the City's auditor Abdo, Eick and Meyers, LLP, has proposed providing audit services for fiscal year 2010 for an amount of $25,872. The cost for it providing the 2009 fiscal year audit services was $25,073; about 3 percent less. He noted that in 2008 Council selected the firm to provide audit services over a three -year contract period. He stated Staff recommends Council accept the contract. Director DeJong reviewed some transfers Staff recommends Council authorize before the end of 2010, noting Council will consider a resolution authorizing transfers during its December 13, 2010, meeting. The first is a transfer of approximately $12,000 in unspent funds in the Waterford III TIF District Fund to the Local Street Reconstruction Fund to cover the cost of sealcoating Old Market Road and repainting the intersection of Old Market Road and Highway 7. Those activities are allowed by the TIF plan. Another transfer proposed is from the Public Facilities Fund to the City Hall Construction Fund to fund an approximate $32,000 deficit. A third transfer proposed is from the unspent funds in the EDA Public Safety Facilities Project Fund in the approximate amount of $68,000 to the 2007 EDA Debt Refunding Bonds Fund for use in retiring the bonded debt associated with the construction of the Public Safety Facilities. Woodruff moved, Zerby seconded, accepting the contract with Abdo, Eick & Meyers, LLC for audit services for fiscal year 2010 in the amount of $25,872. Motion passed 310. C. Capital Improvement Plan Discussion Director DeJong stated the 2011 — 2015 Capital Improvement Program (CIP) included in the meeting packet includes changes discussed during Council's October 25, 2010, work session. If Council agrees with the CIP it will be on the December 13, 2010, Council meeting agenda for approval. DeJong explained that Council had discussed wanting to prioritize the projects in the individual CIPs. The projects scheduled to be done in 2011 are in effect the highest priority projects (a priority of 1) and those in 2012 — 2015 are priority 2 — 5 respectively. The projects in the Stormwater Management CIP CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 7 of 11 identified in the report prepared by WSB & Associates titled Analysis of Drainage Problems Areas within the City of Shorewood are prioritized a 1, 2 or 3. Projects in that CIP not identified in the report have a priority of 4. DeJong stated Staff recommends combining the Public Facilities Fund, the Equipment Replacement Fund and the Technology Fund into one fund. He then stated that will be left for Council discussion. DeJong explained that based on the 2011 — 2015 Equipment Replacement CIP the Equipment Replacement Fund will enter into a deficit state in 2015. He commented Councilmember Woodruff has discussed this with him. He stated he thought it is Staff role to prepare projected funding documents for Council, but it's up to Council to decide how to address funding deficits. He noted Staff has not taken any corrective action to fix the projected deficit in this Fund. He stated Staff proposes putting revenues from antenna leases into this Fund and that would eliminate the deficit. They currently are placed into the Water Fund. Other alternates for addressing the deficit is to reduce the amount of equipment that is replaced or transferring funds from other funds. He noted there is enough money in the Fund for the proposed 2011 replacements. DeJong then explained the Local Street Reconstruction CIP has been updated to reflect the changes made to the 20 -Year Pavement Management Plan as well as the street maintenance financing plan that were discussed during Council's November 8, 2010, work session. The 2011 — 2015 CIP includes each proposed street maintenance project during that 5 -year period. A lump -sum amount is budgeted each year for sealcoating. DeJong noted the water main extension projects 1 removed. Some of the projects were previous] reconstruction project. Some of those roadways stated Staff would like direction from Council on Mayor Lizee its ly included in the Water Fund CIP have not been pated to be done in conjunction with a street be reconstructed during the next five years. He handle potential water main extension projects. Mayor Lizee recommended th, Replacement Fund and the Teel F Councilmember Woodruff stat schedule that discussion for eau to discuss where antenna lease need to put the revenues in the Equipment Summary Sheet do Replacement Fund. fining the Public Facilities Fund, the Equipment 11. he could support waiting to have that discussion. He asked Staff to in the year before 2012 budget discussions begin. He suggested waiting venues should be put until 2011. He stated he did not think there is a 'titer Fund because that Fund is well funded. He then stated the Capital not include the transfer in from the General Fund to the Equipment Councilmember Zerby stated he appreciates the work Director DeJong did on this, noting DeJong addressed past issues and identified creative options. He expressed his agreement with DeJong's comment that it's up to Council to set the policy for how to fund things. D. 2011 General Fund Budget Discussion Director DeJong stated the copy of the 2011 General Fund Budget included is the meeting packet is the same as the one Council discussed last during its August 23, 2010, regular meeting. The budget reflects a zero percent increase in the levy over the 2010 and 2009 levies. He then stated Staff is asking for CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 8 of 11 confirmation that this budget will be presented during the Truth -In- Taxation hearing scheduled for December 6, 2010. Councilmember Woodruff stated when Council last discussed the 2011 budget it left it with a revenue surplus of $36,649. The reason there is a surplus is because Council chose to use $160,000 in General Fund reserves. He had spoken with Director DeJong about reducing the planned use of reserves so that expenses equal revenues (a zero balance). He then stated Administrator Heck has asked Council to consider using some of the surplus to fund a program called "Measurable Management ". He noted that in an email to Heck he suggested that if the program is going to move forward the funding for it should be included in the Administration Budget and then the use of reserves could be adjusted to balance the 2011 General Fund Budget. Administrator Heck stated he has spoken again with Staff and Council about the Measurable Management program. It doesn't appear there is a lot of good support for such a program. There's suggestion that some of the efficiencies achieved by going through such a program could be accomplished with internal resources. He asked Council to consider allocating funds in the Council Budget for a Council and Staff retreat to discuss roles and priorities. He also asked Council to consider allocating funds for community engagement activities. He suggested budgeting $15,000 — $20,000 as a placeholder for those activities, noting Council can decide at a latter date if it wants to move'' forward with them. Councilmember Zerby stated he did not think there would be any problem with including that placeholder. The incoming Council can decide if it wants to use the funds. Mayor Lizee stated she thought it would be reasonable to put a placeholder in the Council Budget equal to the amount of the revenue surplus ($36,649) to potentially fund the things Administrator Heck mentioned. Councilmember Woodruff stated he can support having a placeholder in either the Council Budget or Administration Budget. He then stated that a few years ago he passionately encouraged Council to delete a contingency line item in the Council Budget because it had not been spent for a few years. He asked that the placeholder not be called contingency,. Administrator Heck stated there will be two new council members joining Council in January 2011 and he thought there should be sufficient funds to provide them with needed training. Councilmember Woodruff stated that during the Southshore Community Center (SSCC) Operating Oversight Committee meeting on November 18, 2010, there was discussion that the current 2010 revenue projection for the SSCC could 'result in the 2010 SSCC budget breaking even. The budget documents show the SSCC will end the 2010 in a deficit state and that deficit will have to be funded out of the General Fund. He asked that the 2010 year -end revenue projection for the SSCC be adjusted to a more realistic number and the amount of reserves used be adjusted so that the projected 2010 General Fund Budget year -end balance is zero. He expressed he thought that was good news for the SSCC, and that break -in status was within reach. Mayor Lizee noted the SSCC is a wonderful asset. Administrator Heck stated if need be Council can extend the Truth -In- Taxation hearing to December 13, 2010. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 9 of 11 E. Cell Tower Lease Rate Discussion Director Nielsen stated that earlier in the year Council asked Staff to review the City's lease rates for telecommunication facilities on the City's water towers. Council wanted to know if the rates should be increased because they have not been for several years. Council also wanted to know if the City should charge for rental of the ground space needed for mechanical /electrical equipment. Nielsen explained most cities don't charge for ground space. In most instances ground space is considered incidental to the tower space. In the past there were some instances where carriers needed to build structures to house ground equipment. That has diminished substantially because today's equipment fits within a cabinet the size of a residential refrigerator. He stated Staff recommends not charging for ground space. Nielsen stated the City of Cottage Grove conducted a water toN the survey shows that on average cities' lease rates are $19, $18,000 per year, noting that at one time that was one of the area. The lease rate escalates by 5 percent every five years for why a carrier that has been leasing space from the City for a lessee. One way to address that is to raise the rate to what ev( $27,995 but that has to be verified). The lease rate should es paying. He noted that raising the rate to $28,000 would result compared to other cities in the survey. Nielsen stated Staff recommends increasing the lessees pay the same amount as existing lessees. Mayor Lizee noted the City has a finite amount of Director Nielsen stated some of the Planning Comm'. City wants to accommodate. The Commission is going paying. , er rate survey this past July. He explained J00 per year. The City currently charges highest rates charged in the metropolitan essees. The question has been raised as to while pays a higher rate than a first time r the highest rate being paid is (it may be ;alate to keep pace with what carriers are in the City having almost the highest rate asked Council if it would like to have new space to have questioned how many antennas the s that topic. sense to bring equity to the rates carriers are Councilmember Woodruff stated he supports making some adjustments to the rates. He suggested setting the lease rate and then escalating it annually. He expressed concern about setting a lease rate so high that it prices the City out of the market. He asked Staff to verify what the highest lease rate is that the City charges. He stated that Director Nielsen has recommended the City not set the rate in the City Ordinance and he is okay with that. Mayor Lizee suggested Staff come back to Council with a lease rate structure recommendation. Verna Garrison, with T- Mobile Central, LLC stated that on behalf of T- Mobile she has submitted an application to add an antenna on the SE Area Water Tower. She noted T- Mobile currently has three existing antennas in the City. She stated it appears to her that this doesn't apply to a carrier that currently leases space from the City. She explained she was present to get information only. Councilmember Woodruff stated the Planning Commission discussed T- Mobile's application during its last meeting. He then stated Staff is recommending that if T- Mobile is allowed to do what it's proposing that it be treated as a new lease rather than an addition to its existing lease. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 10 of 11 Ron Johnson, 5355 Shady Hills Circle encouraged Council not to set the lease rates so high that it prices the City out of the market. He then stated his nephew who managed one of the CUB Foods stores allowed several antennas to be put up on the store. Lease revenue for antenna space goes directly to the bottom line for private enterprise and private enterprise is willing to lease space at very good rates. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated he is going to attend a community engagement meeting hosted by the League of Minnesota Cities the morning of November 23r He then stated he has been speaking with the City Manager for the City of Brooklyn Park about that city's comprehensive civic engagement initiative. Brooklyn Park has a rural area, a suburban area and a first rank urban area. He will provide Council with information about that initiative. Heck noted City Hall will be closed on November 25 and November 26 for the Thanksgiving holiday. He stated the City truck that was damaged during the recent ice storm will be out of commission for a while. The City will only have three trucks for a while. Heck stated he attended an Excelsior Fire Distric Councilmembers Bailey and Zerby were also questions. He also stated part of the meeting w, for the Excelsior Firefighters Relief Associati acknowledge they have conflicting interests. Th lower return investments and the EFRA wants to that Bailey helped the EFRA Board draft the ni EFRA to implement the policy if it's adopted. (EFD) Board meeting on November 17 He then stated in attendance, noting Zerby asked some very good devoted to discussing the proposed investment policy n (EFRA). The EFD Board and EFRA Board both member cities want the EFRA to invest in lower risk nvest in higher risk higher return investments. He noted .v policy and has offered to continue to work with the Heck then stated another topic discussed was the replacement of self contained breathing apparatus; both the replacement cycle and the financing of the acquisition of the equipment. The most recent proposal for a lease - purchase finance alternate was based on an interest rate of 4.49 percent. He offered up the idea of the City financing the acquisition for a lower interest rate, and he suggested he and Director DeJong work with EFD Chief Gerber to determine if that.obtion is feasible. Councilmeber Zerby stated there was also discussion about the poor flow of information initially regarding the incident in Excelsior where there was a significant breach in the Metropolitan (Met) Council's sewer system line resulting in sewage flowing into Lake Minnetonka. He noted that EFD Chief Gerber agreed the initial flow of information from the Met Council, the state agency controlling the situation, was less than desirable. 1. September 2010 Quarterly Investment Report Director DeJong stated the meeting packet included a copy of the September 2010 quarterly investment report. He noted that the City has approximately $15 million in investments as of that time. A lot of that is in cash or mutual fund type of investments. He noted he is working on cash flow projections to determine when the City will need money over the next couple of years. He stated there will be an Investment Committee Meeting the first week of December. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 22, 2010 Page 11 of 11 B. Mayor and City Council Councilmember Woodruff stated he, Administrator Heck and Director DeJong attended the Metro Cities annually meeting on November 17 during which the legislative policies adopted this past summer were approved. One of the topics discussed was a survey done about baby boomers to determine what their housing and life style expectations are. He then stated the Lake Minnetonka Communications Commission (LMCC) held its quarterly full Commission meeting this past week and during the meeting the City's resident representative to the LMCC was elected to the LMCC Executive Committee. He commented a Shorewood Economic Development Authority meeting needs to be scheduled once the Councilmembers -elect have been sworn into office. Mayor Lizee again thanked Director Brown and his Public Works staff for the excellent job they did in dealing with the recent ice storm. She then stated on November 24 elected officials and other members of the community will be bagging for tips at the CUB Foods store located in the City of Minnetonka. The tips will go to the ICA food shelf. She went on to state she attended a meeting of the mayors of the cities in the Minnetonka School District hosted by the District's Superintendent on November 17 A theme that kept coming up during the meeting was collaboration; working together, sharing services, and providing services to residents. The topic will be discussed again during the group's January 2011 meeting. She expressed she pleased to see so much 'support for collaboration, and commented collaboration is the word for 2011. 12. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of November 22, 2010, at 8:19 P.M. Motion passed 310. Christine Freeman, Recorder ATTEST: Brian Heck, City Administral Christine Lizee, Mayor CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, DECEMBER 6, 2010 MINUTES #ZB 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:30 P.M. 1. CONVENE CITY COUNCIL EXECUTIVE SESSION Mayor Lizee called the meeting to order at 6:35 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby Absent: None B. Review Agenda Zerby moved, Woodruff seconded, approving the agenda as presented. Motion passed 510. 2. CITY ADMINISTRATOR PERFORMANCE REVIEW Mayor Lizee and Councilmembers Bailey, Turgeon, Woodruff and Zerby met to discuss the City Administrator's performance review. The City Administrator was not present. An Executive Session is scheduled for December 13, ,2010, at 6:15 P.M. for Council to give the City Administrator his performance review. 3. ADJOURN ed, Woodruff seconded, Adjourning the City Council Executive Session of December 6, P.M. Motion passed 510. Christine Freeman, Recorder ATTEST Christine Lizee, Mayor Brian Heck, City Administrator /Clerk #Zc CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, DECEMBER 6, 2010 MINUTES CONVENE CITY COUNCIL SPECIAL MEETING Mayor Lizee called the meeting to order at 7:05 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Heck; and, Finance Director DeJong Absent: None B. Review Agenda 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. ; City Administrator Turgeon moved, Zerby seconded, approving the agenda as presented. Motion passed 510. 2. TRUTH IN TAXATION PUBLIC HEARING A. Staff Presentation Mayor Lizee opened the Public Hearing at 7:06 P.M. and explained that after Staff makes its presentation on the 2011 General Fund Budget and the 2010 property tax levy payable in 201,1 Council will take public comment. Director DeJong stated the purpose of this Truth -in- Taxation Public Hearing is to present the City's 2011 Proposed Budget and 2011 Tax Levy and to take public comment. He explained during Council's August 23, 2010, meeting Council set the proposed 2011 General Fund Budget and it approved the proposed 2010 property tax levy collectible in 2011. The proposed budget and levy were certified to Hennepin County by September 15' Hennepin County used that information to estimate the tax rate and determine how the property tax levies will be spread among various properties in a community and in jurisdictions that also levy property taxes. A residential property tax statement lists a city's property tax, a county's property tax, a school district's property tax, the Metropolitan Council's property tax, and the local watershed district's property tax. Hennepin County 'started to mail out proposed property tax statements payable in 2011 on November 15 DeJong then stated property taxes pay for a number of services provided by the City. They include police protection, fire protection, snow plowing, street maintenance, parks and recreations, building inspection and other valuable City services. DeJong explained levy limits are again in place for 2011, noting they are scheduled to end for 2012. The City proposes no increase in the levy for 2011. The proposed 2011 General Fund Budget programs the use of $160,000 in General Fund balance reserves in order to make revenues and expenditures equal each other. There are transfers to capital funds planned, with the largest transfer, $700,000, to the Street Reconstruction Fund for roadway maintenance. DeJong noted for property taxes payable in 2011 the City's SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES December 6, 2010 Page 2 of 6 taxable property values decreased on average 7.9 percent. He clarified some taxable property values decreased more than that, some properties maintained their value and some property values actually increased. DeJong explained the 2011 budgeted expenditures reflect a 1.8 percent decrease when compared to the adopted 2010 budgeted expenditures. The total outflows from the General Fund have been fairly consistent since 2008. DeJong then explained the total proposed 2011 revenues are $5,338,995. Of that, 89 percent comes from property taxes, 3 percent from transfers and miscellaneous, 2 percent from licenses and permits, 1 percent from intergovernmental, 1 percent from fines and forfeitures, 1 percent from charges for service, and the remaining 3 percent from the use of reserves. DeJong went on to explain the total proposed 2011 expenditures are $5,338,995. Of that, 35 percent is for public safety services, 26 percent is for general government, 17 percent is for capital transfers, 16 percent is for public works, and the remaining 5 percent is for parks and recreation. He noted the General Fund balance is not an ongoing revenue source. Once the General Fund balance drops below the minimum threshold set in Policy, other sources of revenue will have to be found to balance a budget. DeJong reviewed the tax assessment and levy timeline for residential property taxes payable in 2011. Hennepin County collected data on property sales from October 1, 2008 — September 30, 2009. The County then reviews the sales data to determine if a sales transaction should be used when making comparisons. The County then took properties with similar characteristics in the same neighborhood to determine the change in taxable property value. That change in value was applied to all properties to determine estimated taxable property values and that was sent out to property owners in the February/ March 2010 timeframe. The Board of Review process took place from April 2010 — June 2010. That process equalized values among similar properties, and property owners were provided the opportunity to challenge the assessed value based on comparisons to other similar properties. The County then added the property values, the values established in September. 2009, for every property in a taxing jurisdiction to determine what the property tax rate needs to be in order to collect the needed revenue for the next year. The tax rate was then applied to each property value and Truth -in- Taxation notices were then mailed to property owners in November 2010. In 2011 final property tax bills will be mailed to property owners. DeJong then reviewed the 2011 City tax impact, in general, based on the average decline in taxable property value of 7.9 percent. He noted that property values are not static. The change in taxes payable in part depends on the tax rate and 'tax capacity for a property. He explained Minnesota approximately 20 property classes and each category has a different class tax rate. For residential properties, the class rate is 1 percent for the first $500,000 of homesteaded residential property. The tax capacity for a property valued at $500,000 would be $5,000. For and amount above or below $500,000 the amount goes up or down by 1.25 percent. Properties with a lower value are paying a larger share of the needed tax revenues because the values of the higher valued properties have declined. DeJong went on to review the 2011 property tax distribution for a property in the City located within Minnetonka School District 276. The distribution is: 36.6 percent to Hennepin County, 34 percent to the school district, 22 percent to the City, and 7.4 percent to other. The distribution is quite different for properties in the City located in the Mound - Westonka School District, noting that District has a lower tax rate and therefore the City tax distribution will look higher. SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES December 6, 2010 Page 3 of 6 DeJong highlighted the 2011 total property tax percent change compared to the 2010 total tax for residential homestead properties in the City based on statistics from the Hennepin County Assessor's Office. Approximately 29 percent of residential property owners in the City will see a decrease in their total property tax. Approximately 64 percent will see an increase of 0.0 — 4.9 percent. Approximately 7 percent will see an increase of more than 5 percent. He then highlighted some statistics for various dollar amount increases. The total tax amount will decrease for approximately 30 percent of the property owners. The tax will increase less than $200 for approximately 55 of them. For 4.4 percent their tax will increase $600 or more. B. Public Hearing Mayor Lizee opened the Public Testimony portion of the Public Chris Polson, 5720 Echo Road asked if there is a per capita finds that type of information meaningful. He then stated he c approximately $700. He suggested that information be provdd( in 2011 there will be new census figures and it would be a1 stated as a conservative he is quite concerned about the Met asked Council to provide him with some sense of what relatio Met Council. He also asked what Council's attitude is about the City. Rob Carr, 28036 Woodside Road stated he thong' tax increase was about in the middle. He stated be( make changes and in some cases take very drastic Council does to help keep the City's property taxes Bill Manniniz_ 25740 and property taxes, noting bas( declined an average of 7.9 perc+ total property taxes are going up in the State of Wisconsin and in property tax. He expressed cono stated it would help property owi P.M. ;ure for taxation for the City. He stated he a rough calculation and he comes up with in future bresentations. Mavor Lizee stated to calculate that then. Mr. Polson (Met) Council and its outreach. He , etween the Council and City and the Council's influence and leverage on ficial. He noted his property residents are being forced to t perspective, he asked what asked if there is any correlation between property market values formation in the presentation property values in the City have Mated even though there has been a substantial decline in values stioned if there is any correlation. He explained he owns property ,in there is a direct correlation between the value of property and narket values are going down yet property taxes are going up. He .rstand how property taxes are determined if a formula were used. Director DeJong stated the State of Minnesota and the State of Wisconsin have very different approaches to determining property taxes. Minnesota has a proportional system. For example, if there is a tax levy of $1,000 and $100,000 worth of property in the community the tax rate would be 1 percent. If the value doubles to $200,000 and the levy remains $1,000 then the tax rate would be 0.5 percent. If the value decreases to $50,000 and the levy remains $1,000 then the tax rate would be 2 percent. The residential property values in the City haven't declined as much as in other jurisdictions. In shared jurisdictions where property values are declining at a faster rate than in the City, the City's property owners are paying a larger share of the tax. Mayor Lizee stated she understood Mr. Manning wants to know when the decline in property values is going to be reflected in property taxes. Director DeJong explained reductions in taxable values do not reduce the amount of property tax. It changes the tax rate applied to the taxable portion of the property value. If all taxable property values went down but the levy remains the same there will not be a reduction in property tax. If the levy goes up, some property taxes will go up even if values go down. In the Minnesota system local taxing jurisdictions can only control the levy. SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES December 6, 2010 Page 4 of 6 In response to a comment from Mayor Lizee, Director DeJong explained he just did a rough calculation and the cost per capita for the City portion is approximately $670. Mayor Lizee responded to Mr. Polson's questions about the Met Council. She explained the Met Council establishes sewer rates for processing the City's sewage. It reviews, and hopefully approves, the City's Comprehensive Plan, which has to be updated every ten years. The City makes a concerted effort to work cooperatively with the Met Council. Mr. Polson asked if there is any political momentum going on about the role of the Met Council. Councilmember Woodruff commented that he serves on the Association Metro Cities Revenue and Taxation Committee. He stated as part of the Committee's policy discussions there was discussion about the affect the Met Council has on the cities in the metropolitan area. There has been discussion at the State Legislature about the Met Council's role and it's likely there will further discussion. There has been some recognition that the role of the Met Council has evolved since its inception. He indicated he thought the definition of the metro area needs to be reviewed. He stated the sewage processing rates the Met Council charges have increased. Director DeJong noted the rates went up 8.9 percent. Administrator Heck stated the Met Council manages mass transit for the metro area. He explained the Met Council controls how far out to extend the municipal sanitary sewer system. In anticipation of development in the outlying areas it issued bonds to fund the systems extension. Because housing development has dropped off dramatically, municipalities currently on the system are subsidizing that expansion until new development picks up and then these municipalities will theoretically be reimbursed for the subsidies. The Met Council's Inflow & Infiltration (I &I) program requires cities to reduce their I &I into the sewer system. The goal is to mitigate the flow of "clean" water into the system so it doesn't place any additional burden on the system. Heck then stated the topic of restructuring the Met Council is discussed regularly at the legislature. Both the League of Minnesota Cities and the Metro Cities have policy stances about the Met Council. There is some thought that if a greater council of government is going to exist it should be run either by an elected body or by representatives of the member communities elected officials. Mr. Polson asked what would happen if the City did not adhere to the Met Council's mandates. Administrator Heck explained it would impose sanctions that would prohibit the City from getting certain State aid. Councilmember Woodruff stated if municipalities don't take steps to mitigate I &I into the sewer system the Met Council has the authority to fine them. Mayor Lizee stated because the City is located in a relatively wet area and because its infrastructure is aging it's imperative that the City continually monitor any I &I and maintain the infrastructure. Mayor Lizee responded to a question Mr. Carr had asked regarding changes Council anticipates regarding the budget process. She stated the proposed 2011 General Fund budget reflects a zero percent increase in its base levy. She noted that Council is very aware of the need to keep City property taxes in check. She noted the 2011 budget process started in June. She asked Councilmembers to comment on the process. Councilmember Bailey stated from his vantage point Council he thought Council has been quite effective over the last few years in keeping City expenses down. For illustration purposes, he stated if the only thing the City spent money on was a snow plow the City would have to spend money on the plow independent of whether or not taxable property values went up or down. Council worked hard to keep the cost of the snow SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES December 6, 2010 Page 5 of 6 plow from going higher. In a perfect world, it would be nice to be able to reduce property taxes when taxable values declined. However, the City still has to pay for the snow plow and plow the streets. Mr. Carr asked if Mr. Bailey was stating that the City's expenditures are nondiscretionary. Councilmember Bailey responded he thought the majority of the expenditures were nondiscretionary and he thought the City staff was pretty lean. He stated labor costs are a large part of the total expenditures. He then stated Council has kept a lid on public safety costs. Councilmember Woodruff reiterated Director DeJong's earlier explanation of where the City spends its money. He noted public safety expenditures include police and fire services as well as building inspections. He explained the public safety organizations have been experiencing a reduction in the State aid they receive so it has been necessary for those organizations to scrutinize their expenditures. He explained the costs for operating the Southshore Community Center are included in the parks and recreation costs. He stated there are 13 people in the Public Works Department, Administrator Heck clarified there are 9 people. Woodruff stated Staff has been very creative in finding ways to use the City's revenues more effectively. By doing that and by using General Fund reserves the City has been able to maintain a zero percent levy increase for the last few years. He noted the City can't rely on the use of reserves forever. Councilmember Zerby stated Council does have some discretion in how` the City's funds are spent. He noted Council recently lowered the roadway rating for triggering when a roadway should be reconstructed. Council could allow roadways to deteriorate to a lower rating before reconstructing them, but that would impact property values in the City. Parks and recreation also affects the community and property values as do public works services, public safety services and other City services. He stated Council is continually trying to maintain a balance between services provided and quality of life City residents expect. Mayor Lizee stated the City's bond rating is very high and that's of benefit to the City. She then stated the City has to continue to work with its South Lake sister cities to identify ways to achieve savings by sharing more services. She noted the City currently shares police and fire services, and the City could not afford to go back to providing police services on its own. She expressed her confidence that there are other areas where services can be shared and savings achieved. She noted she thought that would be even more important in 2011. Mayor Lizee stated she thought the cities and city staffs talk to each other. She noted that the South Lake cities were all part of Excelsior Township until 1956, and people in the community share the desire for Excelsior to be successful because Excelsior's downtown is everyone's downtown. She stated she thought the Excelsior City Council is open to hearing other peoples thoughts, and it's important for residents to covey there perspective during other cities' meetings on topics such as redevelopment. Administrator Heck stated City staff is always looking at ways to achieve efficiencies in City operations. Savings in staff time in one area are often reallocated to another area in need of more resources. For example, because of the downturn in building projects some of the Building Inspector's time has been reallocated to Building Maintenance activities. This means the City did not have to hire a contractor to manage the improvements made to the shelter in Manor Park. He then stated capital transfers are discretionary. But, if transfers are not made there won't be funds for improvements to the roadways or parks unless another financing alternative is identified. Mayor Lizee closed the Public Testimony portion of the Public Hearing at 7:59 P.M. C. Council Deliberation /Decision to Reconvene SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES December 6, 2010 Page 6 of 6 Woodruff moved, Turgeon seconded, accepting the 2011 General Fund Budget and the 2010 Property Tax Levy collectible in 2011 as presented and to provide that information to Hennepin County as required. Motion passed 510. Mayor Lizee closed the Public Hearing at 8:00 P.M. 3. ADJOURN Zerby moved, Turgeon seconded, Adjourning the City Council Special Meeting of December 6, 2010, at 8:01 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST- Lizee, Brian Heck, City Administrator /Clerk wo - BrIM11190, 1 , I i ill Department Council Meeting Item Number Finance December 13, 2010 3A Item Description: enfied Claims From: Michelle Nguyen ' y Bruce DeJong ;f 6" Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 50950 through 51059 totaling $409,661.08. Staff Recommendation Staff recommends approval of the claims list. 12/09/2010 1:46 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood PARK: _ BEACON BANK DATE. RANGE:11 /23/2010 THRU 99/99/9999 CHECK VENDOR I.D. NAME STATUS DATE 00051 EFTPS - FEDERAL W/N D 11/23/2010 00051 EFTPS - FEDERAL W/H D 12/07/2010 00092 MN DEPT OF REVENUE D 11/23/2010 00092 MN DEPT OP REVENUE D 12/09/2010 20005 WELLS FARGO HEALTH BENEFIT SVC D 11/23/2010 20005 WELLS FARGO HEALTH BENEFIT SVC D 12/07/2010 00053 1CMA RETIREMENT TRUST - 302131 -4 R 11/23/2010 16625 MIKE NCPERS GROUP LSFE iNS R 11/23/2010 00052 PERA R 11/23/2010 15885 MIDWEST MAILING SYSTEMS INC R 11/29/2010 00086 AFSCME CCI —OCIL 5 R 12/07/2010 00053 ICMA RETIREMENT TRUST- 302131 -4 R 12/07/2010 00052 PERA R 12/07/2010 10504 HEAD CTY ELECTIONS R 12/13/2010 00055 THE PRUDENTIAL INSURANCE CO. 0 R 12/13/2010 00700 ABDO, RICK E MEYERS, LLP R 12/13/2010 01000 REAM'S PEST CONTROL, INC R 12/13/2010 10576 ADVANCED IMAGING SOLUTIONS INC R 12/13/2010 00087 AFSCME CO 5 MEMBERS HEALTH FUN R 12/13/2010 29306 ALLIED WASTE SERVICES JJ894 R 12/13/2010 16275 AMERICAN MESSAGING R 12/13/2010 01977 ANDERSON, KRISTI B. R 12/13/2010 PAGE: 2 =INVOICE CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 000000 12,939.93 000000 13,257.70 000000 2,314.44 000000 2,289.83 000000 985.60 000000 985.60 050951 1,390.73 050952 32.00 050953 6,996.28 050955 784.93 050956 267.68 050957 1,376.94 050958 7,258.28 050960 344.74 050961 1,294.36 050962 150.00 050963 68.10 050964 67.00 OS0965 357.00 050966 13,840.20 050967 17.96 050968 421.55 12/09/2010 1:46 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANCH:II /23/2010 THRU 99/99/9999 CHECK VENDOR I.D. NAME, STATUS DATE 29223 AUTO ELECTRIC SPECIALISTS, INC R 12/13/2010 29338 BLANCHARD CATERING, INC. R 12/13/2010 03243 BNR IRRIGATION SERVICES, INC. R 12/13/2010 04081 CARQUEST AUTO PARTS R 12/13/2010 1)300 CENTERPOINT ENERGY R 12/13/2010 04985 CEIEK'S TOWING INC R 12/13/2010 1 CITY WIDE INSULATION R 12/13/2010 29276 CLASSIC CLEANING COMPANY R 12/13/2010 05305 COMMUNITY SET RESOURCES R 12/23/2010 29147 COMPASS TOOLS, INC. R 12/13/2010 29282 CRYSTEEL TRUCK EQUIPMENT R 12/13/2010 05885 CULLIGAN BOTTLED WATER R 12/13/2010 29363 PeJONG, BRUCE R 12/13/2010 2931.1 DELI DOUBLE R 12/13/2010 26110 DEX R 12/13/2010 29271 DREW KRIEBEL R 12/13/2010 02000 EARL E. ANDERSEN, INC. R 12/13/2010 07229 EGAN -MCKAY ELECTRICAL R 12/13/2010 07325 EKLUND'S MULCH SALES R 12/13/2010 07383 ELECTRICAL INSTALLATION & MAIN R 12/13/2010 07480 EXCELSIOR ENGRAVING R 12/13/2010 089'2 G & K SERVICES R 12/13/2010 PAGE INVOICE CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 050969 226.30 050990 225.00 050991 282.94 050992 91.82 050993 659.64 050974 291.00 050975 450.00 050976 847.47 050977 6,583.04 050978 265.00 050979 999.39 050980 40,09 050981 32.00 050982 298.22 050983 9.95 050984 2,401.79 0509B5 483,37 050986 513.00 050987 128.00 050988 250.34 050989 219.08 050990 1,228.34 3 12/09/2010 1:46 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of 6horeo�ocitl BANK: 1 BEACON BANK DATE RANGE:11 /23/2010 CHIC 99/99/9999 CHECK VENDOR I.D. NAME STATUS DATE 09400 GOPHER STATE ONE CALL R 12/13/2010 29195 GRAINGE,R, INC R 12/13/2010 80750 HACH COMPANY R 12/13/2010 07900 HAWKINS, INC. R 12/13/2010 29232 HECK, BRIAN R 12/13/2010 10504 HENN CTY ELECTIONS R 12/13/2010 11089 !CS - HEALY -RUFF R 12/13/2010 11370 J.H. LARSON COMPANY R 12/13/2010 29291 JOHN DEERE LANDSCAPES R 12/13/2010 KIRBY BU::LT QUALITY PRODUCTS R 12/13/2010 12900 LAKE MINNETONKA CONSERVATION D R 12/13/2010 130 10 LANDINi, JAMES R 12/13/2010 13750 LUGOWS'KI, SOSF.PH R 12/13/2010 14300 MACQUEEN EQUIPMENT, INC. R 12/1.3/2010 MARY CONCEDER R 12/13/2010 15050 MED:CACOM E 12/13/2010 00099 MEDTCA R 12/13/2010 15176 MENARDS R 12/13/2010 1.5490 METRO BOWHUNTERS RESOURCE BASE R 12/13/2010 15500 METRO COUNCIL ENVMT(WASTEWATER R 12/13/2010 15885 MIDWEST FAILING SYSTEMS INC R 12/13/2010 29371 MINNESOTA PUBLISHING R 12/13/2010 PAGE: 4 INVOICE CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 050991 122.10 050992 419.79 050993 30.93 050994 80.00 050995 153.49 050996 3 050999 620.90 050998 67.92 050999 499.39 05i00G 682.90 051001 7,756.50 051002 40.00 051003 96.15 051004 1,433.72 051005 2,000.00 051006 47.95 051007 15,646.78 051008 165.37 051009 50.00 051010 47,627.65 051011 500.00 051012 200.00 '- 2/09/2010 1:46 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood RANK: 1 BEACON BANK DATE RAU E:11 /23/2010 THRU 99/99/9999 CHECK VENDOR I.D. NAME STATUS DATE 17501 MINNETONKA H.S. - VOCAL SOPPOR R 12/13/2010 81500 MN CONWAY FIRE & SAFETY INC. R 12/13/2010 17010 MN DEPT OF TRANSPORTATION -MS63 R 12/13/2010 18093 MORTON SALT, INC. R 12/13/2010 MUNICTPAL RISK SERVICES LTD R 12/13/2010 19445 NGUYEN, M1'CPELLF. R 12/12/2010 19500 NIELSEN, BRADLEY R 12/13/2010 15900 OFFICE DEPOT R 12/13/2010 29332 ON SITE SANITATION INC R 12/1.3/2010 15000 PAETEC R 12/13/2010 20268 PANCHYSITYN, JEAN R 12/13/2010 20300 PAZANDAK, JOSEPH R 12/13/2010 1 PIRTRO PLYMOU'T'H R 12/13/2010 20950 POTTS, KENNETH N. R 12/13/2010 29251 PRINCIPAL FINANCIAL GROUP R 12/13/2010 26100 QWEST R 12/13/2010 22347 RUMPCA CA INC R 12/1.3/2010 22450 SAFETY -KLEEN SYSTEMS, IN'C. R 12/13/2010 22950 SHOREWOOD TRUE VALUE R 12/13/2010 23500 SO LK MTKA POLICE DEPT R 12/13/2010 23725 SPEEDWAY SUPERAMERICA LLC R 12/13/2010 19435 SPRINT R 12/13/2010 PAGE. iWOICE CHECK CHECK CHECK AMOUNT DISCOUNT NO .STATUS AMOUNT 051013 1 _50.00 051014 66.30 051015 50.00 051016 6,216.16 051019 48.95 051018 104.00 051019 1,094.50 051020 93.43 051.021 931.06 051022 527.31 051023 240.00 051024 480.00 051025 147, 86 051026 2,291.66 051021 661.90 051028 860.82 OSIO29 237.00 051030 25.00 051031 271.63 051033 78,829.00 051034 3,453.62 051035 130.82 5 12/09 /2010 1:46 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK RATE RANGE:11 /23/2010 THRU 99/99/9999 CHECK VENDOR I.D. NAME STATUS DATE 23656 STARK, BRUCE R 12/13/2010 23652 STONEBROOKE EQUIPMENT, INC. R 12 /13/2010 29294 STRATEGIC EQUIPMENT & SUPPLY C R 12/13/2010 291.01 SHE NEWSPAPERS R 12/13/2010 17200 SHE PATRIOT NEWSPAPERS R 12/13/2010 29370 THE EXCELSIOR PAINT & DESIGN C R 12/13/2010 00085 THE PRUDENTIAL INSURANCE CO. 0 R 12/13/2010 29142 THREE RIVERS PARK DISTRICT A 12/13/2010 23726 TKDA ENGINEERS ARCHITECTS PLAN R 3.2/13/2010 25000 TOTAL PRINTING SERVICES R 12/13/2010 25325 TWIN CITY GARAGE DOOR CO- R 12/13/2010 25452 TWIN CITY WATER CLINIC R 3.2/13/2010 29135 VALLEY -RICH CO_, INC. R 12/13/2010 70200 VERIZON WIRELESS R 12/13/2010 22901 VIKING LAND TREE CARE INC R 12/13/20'_0 27190 WACONTA FARM SUPPLY R 12/13/2010 29269 WARNER CONNECT R 12/13/2010 83900 WASTE MANAGEMENT OF WI -MN R 12/13/2010 i8500 WM. MUELLER & SONS, INC. R 12/13/2010 28350 WOODRUFF, RICHARD R 12/13/2010 28451 WEB AND ASSOCIATES R 12/13/2010 19800 XCEL ENERGY R 12/13/2010 PAGE: 6 INVOICE CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 051036 34 -98 051039 122.13 051038 286.86 051039 150.16 051040 92.61 051041 504.16 051042 553.09 05 360.00 415].044 4,317.29 051045 1,307.10 051046 162. 051047 100.00 051048 2,436.76 051049 292.99 051050 375.47 051051 27.77 051052 2,800 -00 061053 494.80 051054 6,799.37 05].055 31. 051056 1,680.00 051057 12,569.75 12/09/2010 1:46 PM A/P HISTORY CHECK REPORT PAGE: 7 VENDOR SET: 01 City of Shorewood BANK: _ DEACON BANK DATE RANGE:11 /23/2010 THIN 99/99/9999 VENDOR I.D. NAME 29100 ZIEGLER, INC CHECK STATUS DATE R 12/13/2010 ** T O T A L S ** NO REGULAR CHECKS: 105 HAND CHECKS: 0 DRAFTS: 6 EFT: 0 NON CHECKS: 0 VOID CHECKS: 0 VOID DEBITS VOID CREDITS TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTALS: 1 I1. BANK: 1 TOTALS: 111 REPORT TOTALS: 115 0.00 0.00 INVOICE CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 298,710.43 051059 4.289.21 298,910.43 CHECK AMOUNT DISCOUNTS TOTAL APPLIED 265,939.33 0.00 265,939.33 0.00 0.00 0.00 32,771.10 0.00 32,771.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 298,710.43 0.00 298,710.43 298,710.43 0.00 298,710. 298,710.43 0.00 298,910.43 12 -09 -2010 01:43 PM C 0 U N C I L REPORT BY VENDOR DECEMBER 13, 2010 PAGE: ,. VENDO SOR K DATE DESCRIP FUND DEPAR AMOUNT ABDO, RICK & MESSRS, OLD 12 /13/10 12/03 SEMINAR BRUCE & MICH General Fund Finance 150.00 TOTAL: 150.00 ADAM'S PEST CONTROL, INC 12/13/10 4TH QTR SVC General Fund Municipal Buildings 68.10 TOTAL: 68.10 ADVANCED IMAGING SOLUTIONS INC 12/13/10 SVC 10/15 -11/15 General Fund Municipal Buildings 67.00 TOTAL: 69.00 AFSCME CO 5 MEMBERS BF.ALTH FUND 12 /13/10 DEC -UNION DENTAL POEM General Fund Unallocated Expenses 357.00 TOTAL: 357.00 AFSCME COUNCIL 5 12/07/10 n/R DEDUCTS - UNION DUBS General Fund NON - DEPAR'T'MENTAL 267.68 TUTALi 261.68 ALLIED WASTE SERVICES 4894 12/13/10 DEC RECYCLING SVC Recycling Utility Recycling 13,8 4 0.20 TOTAL: 13,840.20 AMERICAN MESSAGING 12/13/10 DEC PAGER General Fund Public Works 8.98 12/13/10 DEC PAGER Water Utility Water 4.49 12/13/10 DEC PAGER Sanitary Sewer uti Sewer 4.49 TOTAL: 17.96 ANDERSON, KRIS'TI B. 1.2/13/10 SSCC- HOLIDAY SUPPLIES Southshore Communi Senior Community Cente 343.52 12/13/10 CARGILL BREAKFAST END Southshore Communi Senior Community Cents 75.03 TOTAL: 421.55 AUTO ELECTRIC SPECIALISTS, 1XC. 12/13/10 ALTERNATOR UTILITY TRUCK General. Fund Public Works 226.30 TOTAL: 226.30 BLANCHARD CATERING, INC. 12/13/10 FALL SOUPS COOKING CLASS -1 Southshore Communi Senior Community Cente 225.00 TOTAL: 225.00 FOR IRRIGATION SERVICES, INC. 12/13/10 XNC, CIA IRRIGATION SW REP Sanitary Sewer Lei Sewer 282.94 TOTAL: 282.94 CARQUEST AUTO PARTS 12/13/10 ANTIFREEZE. General Fund Public Works 19.82 12/13/10 ANTMdA MAST General Fund Public Works 13.61 12/13/10 OIL FILTER General Fund Public Works 27.03 12/13/10 SWITCH General Fund Public W,akd 11.36 TOTAL: 71.82 CENTERPOIN'r ENERGY 12/13/10 GAS SVCS - 10/18 -11/17 General Fund Municipal. Buildings 136.09 12/13/10 GAS SVCS 10/18 -11/17 General Fund Public Works 144.44 12/13/10 GAS SVCS - 10/18 -11/17 General Fund Parks & Recreation 83.11 12/13/10 MANOR WARMING ROUSE General Fund Parks & Recreation 36.67 12/13/10 SECT 06/17 -07/22 Southshore Communi Senior Community Cents 118.20 12/13/10 GAS SVCS 10 /18 11/17 Water Utility Water 41.32 12/13/10 GAS SVCS - 10/18 -11/19 Water Utility Water 97.51 TOTAL: 657.64 CHIEF'S TOWING INC 12/13/1.0 TOW DAMAGED - FREIGHTS -FL70 Cenera J. Fund Public Works - -_�- 291.0 9OTAL: 291.00 CLASSIC CLEANING COMPANY 12/13/10 AUG -C.H. SVC General Fund Municipal Buildings 531.01 1.2/13/10 NOV SVC General Fund Public Works 316.46 12 -09- 2010 01:43 PM C O U N C I L REPORT BY VENDOR - DECEMBER 13, 2010 PAGE: 2 VEND SOR KEY DATE DESC RIPTION FUND D EPARTMENT AM. ^.UNP TOTAL: 847.47 COMMUNITY PRO RESOURCES 12 /13/10 PCS - 11/22- 12/03/10 General Fund Parks & Recreation 1,980.00 12/13/10 ISO - SVCS 12/05 12/31/10 General Fund Parks & Recreation 4,005.00 12/13/10 SSCC ASSISTANT- 11/22 -12/0 Southshore Communi Senior C..nity Cent, 221.00 12/13/10 SSCC .ASSISTANT SVC 12/6 -12 Southshore Communi Senior Community Cent. 377.00 'TOTAL: 6,583.00 COMPASS TOOLS, INC. 12/13/10 ANNUAL MAINT -GSA General Fund City Engineer 265.00 TOTAL: 265.00 CRYSTEEL TRUCK EQUIPMENT 12/13/10 PLOW CUTTING EDGE General Fund Ice & Snow Removal 979.37 TOTAL: 979.37 CULLIGAN BOTTLED WATER 12/13/10 DRINKING WATER SVC General Fund Municipal Buildings 40.09 TOTAL: 40.09 DELI DOUG IN 12/13/10 CARGILL BREAKFAST - - 11./22 Southshore Communi Senior Community Cents 298.22 TOTAL: 298.22 DEC 12/13/10 SSCC -NOW ADS Southshore Communi Senior Oommunity Conte 9.95 TOTAL: 9.95 DREW KRIEBEL 12/13/10 OCT- RENTAL Southshore Communi Senior Community Cente 465.00 12/13/10 NOV RENTAL Southshore Communi Senior Community Cents 325.00 12/13/10 NOV- SUPPLIES & SVC GNP SET Sonths. ^.ore Communi Senior Community Conte 591.99 12/13/10 OCT & NOV CLEANING SVCS Southshore Communi Senior Community Cents 1,020.00 TOTAL: 2,401.79 DeJONG, BRUCE 12/13/10 MILEAGE -ADBO SEMINAR General Fund Finance 32.00 TOTAL: 32.00 EARL F. ANDERSEN, INC. 12/13/10 SIGNS C-enoral Fund Traffic Coutrol /Str Li 48.3.37 TOTAL: 483.37 EFTPS - FEDERAL W/H 11/23/10 FEDERAL, W/H General Fund NON - DEPARTMENTAL 4,595.51 12/07/10 FEDERAL W/H General Fund NON - DEPARTMENTAL 5,103.90 11/23/10 FICA W/H General Fund NON DEPARTMENTAL 3,259.83 12/07/10 FICA W/H General Fund NON - DEPARTMENTAL 3,30 11/23/:.0 MEDICARE W/H General Fund NON DEPARTMENTAL 762.38 12/09/10 MEDICARE W/H General Fund NON- DEPARTMENTAL 772.7! 11/23/10 FICA W/H General Fund Council 80.60 11/23/1.0 MEDICARE W /le General PuKd Pennell 18.87 11/23/10 FICA W/H General Fund Administration 243.59 12/07/10 FICA W/H General Fund Administration 24 1 .34 11/23/10 MEDICARE W/H General Fund Administration 56.99 12/07/10 MEDICARE W/H General Fund Admi.ni.stnati.on 56.45 11/23/10 FICA W/H Cenora3. Fund General Government 462.78 12/07/10 FICA W/H General Fund General Government 519.51 11/23/10 MEDICARE W/H General Fund General Government 108.23 12/07/ MEDICARE W/H General Fund Coneral Government 121.52 11/23/10 FICA W/H General Fund Elections 17.41 12/07/10 FICA W/H General Fund Elections 18.04 11/23/10 MEDICARE W/H General Fund Elections 9.07 12/07/10 MEDICARE W/H General Fund Elections 4.21 11/23/10 FICA W/H General Fund Finance 274.15 1209 -2010 01:43 PM C 0 U N C Z L REPORT BY VENDOR - DECEMBER 13, 2010 FACE: 3 VENDOR SORT K DA DES CRIPTION FUND DE.PA AMOUNT 12/07/10 FICA W/H General Fund ?'Hance 288.05 11/23/'_0 MEDICARE W/H General - and Finance 64.12 12/07/10 MEDICARE WIG General Fund Finance 67.37 11/23/10 FICA W/H General Fund Planning 283.34 12/07/10 FICA W/H General Fund Planning 284.44 11/23/10 MEDICARE W/H General Fund Planning 66.26 12/07/10 MEDICARE W/H General Fund Planning 66.52 11/23/10 FICA W/H General Fund Protective inspections; 179.23 12/07/10 FICA W/H General. Fund Protective Inspections 174.70 11/23/10 MEDICARE W/H General Fund Protective Inspections 41.91. 12/07/10 MEDICARE WIN General Fund Protective Inspections 1 0.86 11/23/10 FICA W/H General. Fund City Engineer 186.92 12/07/10 FICA W/H General Fund City Engineer 182.25 I.l. /23/1.0 MEDICARE W/H Genera' Fund City Engineer 43.71 12/07/1D MEDICARE W/H General Fund City Engineer 42.62 11/23/10 FICA W/H General Fund Public Works 678.36 12/07/10 FT CA W/H General Fund Public Works 753.31 11/23/10 MEDICARE W/H General Fund Public Wanks 158.64 12/07/10 MEDICARE W/H General Fund Public Works 176.17 11/23/10 FICA W/H General Fund Streets & Roadways 1.41.40 12/07/10 FICA W/H General Fund Streets & Roadways 6.88 11/23/10 MEDICARE W/H General. Pvnd Streets & Roadways 33.07 12/07/10 MEDICARE W/H General. Fund Streets & Roadways 1.61 11/23/10 FICA W/H General Fund Ice & Snow Removal. 142.64 12/07/10 FICA W/H General Fund Ice & Snow Removal 326.64 11/23/1.0 MEDICARE W/H General Fund .Ice & 'raw Removal 33.37 12/07/10 MEDICARE W/H General Fund Ice & Snow Removal 76.38 12/07/10 FICA W/H General Fund Sanitation /Weeds /Waste 51.68 12/07/10 MEDICARE W/H General Fund Sanitation /Weeds /Waste 12.09 11/23/10 FICA W/H General Fund Tree Maintenance 121.44 '12/07/10 FICA W/H General Fund Tree Maintenance 6.26 11/23/10 MEDICARE W/H General Fund Tree Maintenance 28.40 12/07/10 MEDICARE W/H General Fund free Maintenance 1.46 11/23/10 FICA W/H General. Fund Parke & Recreation 145.84 12/07/10 FICA W/H General. Fund Parks & Recreation 206.58 11/23/10 MEDICARE W/H General Fund Parks k Rec reati.on 34.09 12/07/10 MEDICARE W/H General Fund Parks & Recreation 48.38 1.1/23/10 FICA W/H Southshore Communi Senior Community Cente 25.21 12/07/10 FICA W/H Southshore Communi Senior Community Cente 31.19 11/23/10 MEDICARE W/H Southshore Communi Senior Community Cents 5.90 12/07/10 MEDICARE W/B Southshore Communi Senior Community Conte 7.29 11/23/10 FICA W /fl Water Utility Water 145.25 12/07/10 FICA W/H Water Utility Water 91.01 11/23/10 MEDICARE W/H Water utility Water 33.98 12/07/10 MEDICARE WIG Water Utility Water 21.28 I.1. /23/10 FICA W/H Sanitary Sewer Uri Sewer 112.95 12/07/10 FICA WIT Sanitary Sewer Oil Sewer 95.41 11/23/10 MEDICARE W/H Sanitary Sewer. Uti Sewer 26.42 12/09/10 MEDICARE W/H Sanitary Sewer UP. Sewer 22.34 11/23/10 FICA W/H Recycling Utility Recycling 3.09 11/23/10 MEDICARE W/H Recycling Utility Recycling 0.72 11/23/10 FICA W/H Stormwater Manager STORMWATER MANAGEMENT 15.63 12/07/1.0 FICA DID Stormwater Managem STORMWATFR MANAGEMENT 26.51 11/23/10 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 3.65 12/D7/10 MEDICARE W/H Stormwater Manager STORMWATER MANAGEMENT 6.19 TOTAL: 26,197.63 12 -09 -2010 01.:43 PM C 0 U N C I L REPORT BY VENDOR - DECEMBER 13, 2010 PAGE: 4 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMO UNT 2GAN -MCKAY ELECTRICAL 12 /13/10 LIGHTING RELAMP General Fund Traffic Control /St, Li 513.00 TOTAL: 513.00 EKLUND'S MULCH SALES 12/13/1.0 TREE DISPOSAL General Fund Tree Maintenance 128.00 TOTAL: 128.00 ELECTRICAL INSTALLATION & MAINTENANCE 12/13/10 SIGNAL RELAMP M OAK STREE General Fund Traffic Control /Str Li 250.34 TOTAL: 250.34 EXCELSIOR ENGRAVING 12/13/10 AWARD PLAQUE- TURGEOE & RAI General Fund Council 219.08 TOTAL: 219.08 G & K SERVICES 12 /1.3/10 CH SVC General Fund Municipal Bui.ldi n9e 1.58.92 12/13/10 PW SVC General Fund Public Works 998.86 12/13/10 SSCC SVC Southshore Gommuni Senior Community Cente 90.86 TOTAL: 1,228.44 GOPHER STATE ONE CALL 12/13/10 NOV SVC Water Utility Water 61.05 12/13/1.0 NOV SVC Sanitary Sewer Uti Sewer 61.05 TOTAL: 122.10 GRAINGER, INC 12/13/10 STREET LIGHTING General. Fund Traffic Control /Str 1- 419.79 TOTAL: 419.79 HACH COMPANY 12/13/10 IRON TESTING Water Utility Water 30.93 - TOTAL: 30.93 DAWKINS, INC. 12/13/10 CHLORIDE Water Utility Water 80.00 TOTAL: 80.00 HECK, BRIAN 12/13/10 NOV CELL General Fund Admi.ni.9tration 99.99 12/13/10 NOV MILEAGE General Fund Administration 73 50 TOTAL: 153.49 HENN CTY ELECTIONS 12/13/10 ELECTIONS- COURIF,R General Fund Elections 344.94 ;2/13/1.0 201.0 GENERAL BALLOTS General Fund Elections 346,95 TOTAL: 691.69 !CPA RETIREMENT TRUST- 302131 -457 11/23/10 P/R DEDUCTS - DEFERRED COM General Fund NON- DEPARTMENTAL 1,025.00 12/09/10 P/R DEDUCTS- DEFERRED COM General Fund NON - DEPARTMENTAL 1,025.00 11/23/10 P/R DEDUCTS DEFERRED CON GenexaL Fund NON DEPARTMENTAL 365.73 12/07/10 P/R DEDUCTS DEFERRED COM General Fund NON- DEPARTMENTAL 351.94 TOTAL: 2,767.67 ICS - HEALY -RUFF 12/13/10 AMESBURY WELL CONTROLS Water Utility Water 620.90 TOTAL: 620.90 S.H. LARSON COMPANY 12/13/10 BULBS GaneraL Eund Public Works 67.92 TOTAL: 67.92 J09N DEERE LANDSCAPES 12/13/10 ICE MELT General Fund Ice & Snow Removal 499.37 TOTAL: 499.37 LAKE MINNETONKA CONSERVATION DESTRLCT 12/13/10 HIS QTR LEVY PAYMENT Gene zal Fund Council 7,756.50 TOTAL: 7.756.50 12 -09 -2010 01:43 P14 C 0 U N C 1 L REPORT BY VENDOR - DECEMBER 13, 2010 PAGE: 5 VEND SORT KEY DATE DESCRIPTION FUND DEPARTMENT AM OUNT LPNDINI, JAMES 12/13/10 DEC WELLNESS REIM General Fund City Engineer 40.00 TOTAL: 40.00 LUCOWSKI, JOSEPH 12/13/10 SEC 125 REIM General Fund NON - DEPARTMENTAL 96.15 TOTAL: 96.15 MACQUEEN EQUIPMENT, INC. 12/13/10 PLOW EDGE General Fund Ice k Snow Removal. 1,433.72 TOTAL: 1., MEDIACOM 12/13/1.0 SSCC- 07/16 OB/15 SVC Southshore Communi Senior Community Cente 47.95 TOTAL: 49.95 MEDICA 12/13/10 DEC MEDICAL PREM General Fund Unallocated Expenses 14,9 12/13/10 OCT ADJ -BRUCE DEJONG General Fund Unallocated Expenses 1,517.88 12/13/10 NOV ADJ -GREG FASCHING General Fund Unallocated Expenses 587.17 12/13/10 OCT & NOV CREDIT ADJ -B. BU General Fund Unallocated Expenses 1,431.64 - TOTAL: 15,646.78 MENARDS 12/13/10 SUPPLIES FOR MAIL BOX REPA General Fund Public Works 53.51 12/13/10 MAIL BOX REPAIR General Fund Pnbli.c Works 89 -BS 12/13/10 LATH FOR SNOW REMOVAL. General Fund Ice & Snow Removal 23.98 TOTAL: 165.37 METRO BOWHUNTERS RESOURCE BASE 12/13/10 2010 SHOREWOOD HUNT General Fund Professional Svcs 50.00 TOTAL: 50.00 METRO COUNCIL ENVMT(WAS1'E'WATER) 12 /13/10 DEC - WASTEWATER SVC Sanitary Sewer Uti Sewer 47,027.65 TOTAL: 47,029.65 MIDWEST NAILING SYSTEMS INC 11/29/10 DEC NEWSLETTER POSTAGE, General Fund General Government 509.60 11/29/10 DEC NEWSLETTER SVC General Fund General Government 275.33 12/13/10 CAN NEWSLETTER POSTAGE General Fund Cenc+ral Governm©nt 500.00 TOTAL: 1,284.93 MINNESOTA PUBLISHING 12/13/10 SSCC -NOV 10 AD Southshore Communi Senior Community Cents 200.0E TOTAL: 200.00 MINNETONKA H.S. - VOCAL SUPPORT 12/13/10 2010 PERFORMANCE DONATION General Fund Council 150.00 TOTAL: 150.00 MISC. VENDOR CITY WIDE INSULATION 12/13/10 MANOR PK- ATTIC -BLOW FIBERG Park Capital Impro Park Capital Improveme 450.00 KIRBY BUILT QUALITY PR 12/13/10 MANOR PARK - MESSAGE BOARD Park Capital Impro Park Capital Improveme 682.90 MARY JOHANDER 12/13/10 27690 VA COVE TREE PRESERV Escrow Deposit Age NOW DEPARTMENTAL 2,000 -00 MUNICIPAL RISK SERVICE 12/13/10 RISK a ROADS MANUAL General Fund Public Works 48.95 PTRTEK PLYMOUTH 12/13/10 HYD REPAIR LOADER- UNIT56 General Fund Public Works 147.86 TOTAL: 3,329.71 ED CONWAY FIRE & SAFETY INC. 12/13/10 SSCC - ANNUAL INSPECTION Southshore Communi Senior Community Cente 66.30 TOTAL: 66.30 MN DEPT OP REVENUE 11/23/10 STATE W/H General Fund NON DEPARTMENTAL 2,314.44 12/07/10 STATE WIN General Fvnd NON DEPARTMENTAL 2,287.83 TOTAL: 4,602 -27 MN DEPT OF TRANSPORTATION -MS635 12/13/10 TRAFFIC SIGNAL 101 -J. LAND General Fund City Engineer 50.00 TO:'A ,: 50.30 IF -09 -2010 01:43 PM. C O U N C I L REPORT BY VENDOR - DECEMBER 13, 2010 PAGE: 6 VENDOR SORT KEY DATE DESCR F UND D AMOUNT MIND SUPERS GROUP LIFE INS 11/23/10 MONTHLY- ELECT LIFE INS General Fund NON- DEPARTMENTAL 32.00 TOTAL: 32.00 MORTON SALT, INC. 12/13/10 SALT General Fund Ice & Snow Removal 3,110.01 12/13/10 SALTS General Fund Ice & Snow Removal 3,106.15 TOTAL: 6,216.16 NGUYEN, MICHELLE 12/13/10 NOV & ABDO SEMINAR 12/03 M General Fund Finance 104.D0 TOTAL: 1.04.00 NIELSEN, BRADLEY 12/13/10 2010 MILEAGE REIM General Fund Planning 1,094.50 TOTAL: 1,094.50 OFFICE ;DEPOT 12/13/10 HEATERS General Fund General Government 106.24 12/13/1.0 ENVELOPES General Fund General Government 52.99 12/13/10 HEATER RETURN General Fund General Government 53.12- 12/13/'_0 HEATER RETURN General. Fund General Government 26.56 12/13/1.0 FILE VAR General Fund Finance 13.88 TOTAL: 93.43 ON SITE SADIT INC 12 /13/10 BADGER PARK (seneral Fund Parks & Recreation 45.96 12/13/10 CATHCART PARK General. turd Parks & Recreation 45.96 12/13/1.0 FIREMAN PARK General Fund Parks & Recreation 266.13 12/1.3/10 MANOR PARK General Fund Parks & Recreation 45.96 12/13/10 SILVERWOOD PARK General Fund Parks & Recreation 45.96 12/13/10 SOUTH SHORE SKATE General Fund Parks & Recreation 45.96 12/13/10 CHRISTMAS LAKE BOAT ACCESS General Fund Racks & Recreation 235.13 TOTAL: ')31.06 PAETEC 1.2/13/10 02/26 03/25 SVC General Fund Municipal Buildings 1.35.86 12/13/10 02/26 -03/25 SVC General Fund public Works 46.90 12/13/1C 02/26 -03/25 SVC General Fund Parks & Recreation 145.60 12/13/10 02/26 -03/25 SVC Water Utility Water 98.70 12/13/10 02/26 -03/25 SVC Water Utility Water 100.25 TOTAL: 527.31 PANCHYSITYN, JEAN 12/13/10 JUL THRU DEC WELLNESS REIM General Fund General Government 240.00 TOTAL: 210.00 PAZANDAK, JOSEPH 12/13/10 08/30 -10/25 MILEAGES General Fund Protective Inspections 480.00 TOTAL: 480.00 PERA 11/23/10 P/R DEDUCTS -PERA General Fund NON DEPARTMENTAL 3,229.06 12/07/10 P/R DEDUCTS -PERA General Fund NON - DEPARTMENTAL 3,349.99 11/23/10 P/R DEDUCTS -PERA General Fund Administration 282.75 12/07/10 P/R DEDUCTS -PERA General Fund AdministratBcci 280.23. '1/23/10 P/R DEDUCTS -PERA General Fund General Government 522.49 12/07/10 P/R DEDUCTS ?EPA Genera]. Fund General Government 586.53 11/23/10 P/R DEDUCTS -PERA General Fund Elections 19.68 12/07/10 P/R DEDUCTS -PE'RA General. Fund F'lectious 20.37 11/23/10 P/R DEDUCTS -PERA General Fund Finance 334.73 12/07/10 P/R DEDUCTS -PERA General Fund Pi.nance 350.43 11/23/10 P/R DEDUCTS -PERA General Fund Planning 369.71 12/07/10 P/R DEDUCTS -PERA General. Rued Planning 372.15 11/23/10 P/R DEDUCTS -PERA General Fend Protective Inspections 234.20 1.2/07/10 P/R DEDUCTS -PERA General Fund Protective Inspections 227.89 12 -09 -2010 01:43 PM C O U N C I L PRIORI BY VENDOR - DECEMBER 13, 2010 'AGE: 7 VEN DOR SORT KEY I DATE CESCR FUND DEPARTME AMOUN 11/23/10 P/R DEDUCTS -PERA General Fund City Engineer 211.74 12/07/10 P/R DEDUCTS PERA General Fund City Engineer 206.45 11/23/10 P/R DEDUCTS PEER General F.n1d Public Works 796.95 12/07/10 P/R DEDUCTS -PERA General Fund Public WOrk6 572.11 11/23/10 P/R DEDUCTS -PERA General Fund Streets & Roadways 1.59.64 12/07/10 P/K DE'DUC'TS PERA General Fund Streets & Roadways 7.77 11/23/10 P/R DEDUCTS -PERA General Fund Ice & Snow Removal 167.83 12/09/10 P/R DEDUCTS -PERA General Fund Ice & Snow Removal 382.22 12 /07/10 P/R DEDUCTS -PERA General Fund Sanitation /Weeds /Waste 58.34 11/23/10 P/R DEDUCTS -PERA General Fond Trees Maintenance 145.40 12/07/10 P/R DEDUCTS -PERA General Fund Tree Maintenance 7.19 11/23/1.0 P/R DEDUCTS -PERA General Fund Parks & Recreation 174.32 12/07/10 P/R DEDUCTS -PERA General Fund Parks k Recreation 25553 11/23/10 P/R DEDUCTS -PERA Southshore Communi Senior Community Cente 25.47 12/07/10 P/R DEDUCTS -PERA Sou *_hshor'e Communi Senior Community Cente 35.20 11/23/10 P/R DEDUCTS -PERA Water Utility Water 167.62 12/07/10 P/R DEDUCTS -PERA Water Utility Water 105.26 11/23/1.0 P/R DEDUCTS -PERA Sanitary Sewer Uti Sewer 130.54 12/07/10 P/R DEDUCTS -PERA Sanitary Sewer Uti Sewer 110.71 11/23/10 P/R DEDUCTS -PERA Recycling Utility Recycling 3.49 11/23/10 P/R DEDUCTS -PERA Stormwater Managem STORMW.ATER MANAGEMENT 17.66 12/07/10 P/R DEDUCTS PERA Stormwater Managem STORMWATER MANAGEMENT 29.93 TOTAL: 14,254.56 POTTS, KENNETH N. 1 2/13/10 NOV PROSEC.'TIONS SVC Ceneral Fund Protessional SVCS 2,291.66 TOTAL: 2,291.66 PRINCIPAL FLNANCIAI, GROUP 12/13/10 DEC- DPJNTAI., PRF.M General Fund Unallocated Expenses 661.70 TOTAL: 661.70 QWEST 12/13/10 DOE 25 TREE DEC 24 SVC General Fund Municipal Buildings 120S4 12/13/10 NOV 25 THRU DEC 24 SVC General Fund Public Works 56.78 12/13/10 DEC SVC Water Utility Water 315.23 12/13/10 DEC SVC Water Utility Water 236.43 12/13/1.0 NOV 25 THRU DEC 24 SVC Water Utility Water 65.92 12/13/10 NOV 25 THRU DEC 24 SVC Water Utility Water 65.92 TOTAL: 860.82 RUMPCA CO INC 12/13/10 BRUSH DISPOSAL General Fund Tree Maintenance 237.00 TO'BAF,: 237.00 SAFETY KLF2N SYSTEMS, INC. 12/7.3/10 LATE FEE General Fund Public Works 25.00 TOTAL: 25.00 SHOREWOOD TRUE VALUE 12/13/10 LETTERS General Fund Public Works 5.51 12/13/10 PAINT General Fund Public Works 19.73 12/13/1.0 BULK General Fund Public Works 20.03 12/13/10 BULK General Fund Public Works 20.03 12/13/10 PIPING General Fund Public Works 8.92 12/13/10 BULK General Fund Public Works 16.86 12/13/10 ICE MELT STORAGE General Fund Ice & Snow Removal. 9.61 12/13/10 BOLTS General Mind Parka & Recreation 2.34 12/13/10 OKTOBERFEST BLOW -UP EVENT Southshore Communi Senior Community Cente 75.00 12/13/10 SMALL TOOLS Water Utility Water 93.60 TOTAL: 271.63 12 -09 -2010 01:43 PM C 0 U N C I L REPORT BY VENDOR - DECEMBER 13, 2010 PAGE: 8 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT SO LK MTKA POLICF. DEPT 12/13/10 DEC -DUE General Fund Police Protection 78,829.00 TOTAL: 78,829.00 SPEEDWAY SUPERAMERICA LLC 12/13/10 GAS General Fund Public Works 3,453.62 TOTAL: 3,453.62 SPRINT 12/13/10 SVC - 10/13 -11/12 Water Utility Water 65.41 12/13/10 SVC - 10/13 -11/12 Sanitary Sec.T Uti Sewer 65.41 TOTAL: 130.62 STARK, BRUCE 12/13/10 BOOT GRIM General Fund Public Works 34.98 i'OTAL: 34.98 S'TONEBROOKE EQUIPMENT, INC. 12/13/1.0 WIRING UNHORSE General Fund Public Works 122.13 TOTAL: 122.13 STRATEGIC EQUIPMENT & SUPPLY CORPORATI 12/13/10 SSCC- SUPPI.,I - rv5 RETURN Southshore Communal Senior Community Cents 60.00- 12/13/10 SSCC - SUPPLIES Southshore Communi Senior Community Cents 219.14 12/13/10 SSCC- SUPPLIES Southshore Communi Senior Community Conte 127.72 TOTAL: 286.86 SUN NEWSPAPERS 12/13/10 ORS N0, 471 - 12/02/10 General Fund General Government 42.90 12/13/10 NON - CONFORMITIES 11/25 General fund Planning 32.18 12/13/10 TRASH ENCLOSURE 11/25 General Fund Planning 35.75 12/13/10 LAWTONKA OUTLOTS 11/25 General Fund Planning 39.33 TOTAL: 150.16 SUN PATRIOT NEWSPAPERS 12/13/1.0 LAWTONKA HEARING 11/27 General Fund Planning 33.81 12/13/10 NON CONFORMING HEARING 11/ General Fund Planning 29.40 12/13/10 TRASH HEARING 11/27 General Fund Planning 29.40 TOTAL: 92.61 THE EXCELSIOR PAINT & DESIGN CENTER 12/13/10 MANOR PARR -PARTS Park Capital Impro Park Capital Improve.. 9.69 12/13/10 MANOR PARK 'ARTS Park Capital Imnro Park Capital Improveme 7.39 12/13/10 MANOR PARK -PARTS Park Capital Imprc Park Capital Improveme 454.09 12/13/10 MANOR PARK -PARTS Park Capital Impro Park Capital Improveme 3.21 TOTAL: 504.18 THE PRUDENTIAL INSURANCE CO. OF AMnRTC 12/13/10 DEC LIFE INS PREM General Fund Unallocated F,xp.nses 1,294.36 12/13/10 JAN - PREPAID LIFE INS General Fund Unallocated Expenses 853.09 TOTAL: 2,147. THREE RIOTIC PARK DISTRICT 12/13/13 ARTOC FEVER- 01/15/11 General Fund Parks & Recreaiion 360.00 TOTAL: 360.00 TKDA ENGINEERS ARCHITECTS PLANNERS 12/13/1.0 OCT - NESINF DR & MEADOWVIE Street Capital Imp Street Capt Improvemen 1,347.21 12/13/10 LS415 &17 REHAB -JUL SVC Sanitary Sewer Uti Sewer 2,970.08 TOTAL: 4,319.29 'TOTAL PRINTING SERVICES 12/13/1.0 DEC NEWSLETTER SVC General Fund General Government 1,307.10 TOTAL: 1,307.10 TWIN CITY GARAGE DOOR CO. 12/13/10 GARAGE REMOTER General Fund Public Works 162.45 TOTAL: 162.45 TWIN CITY WATER CLxNIC 12/13/10 AUG BACTERIA ANALYSIS Water utility Water. 100.30 12 -09 -2010 01:43 PM C O U N C I L REPORT BY VENDOR - DECEMBER 13, 2010 PAGE: 9 VENDOR SORT KEY D ATE DESCRIPTION FUN DE AMOUNT TOTAL: 100.00 VALLEY -RICH CO., INC. 12/13/10 WATERMAIN BREAK @ 450LAFAY Water Utility Water 2,436.76 TOTAL: 2,436.76 VERSZON WIRELESS 12/13/10 BRAD'S CELL -SVC 10 /11 -11 /1 General Fund Planning 98.44 12/13/10 LS. SVC 1.0/22 -11/21 Sanitary Sewer. Uti Sewer 21.4.55 TOTAL: 292.99 VIKING LAND TREE CARE INC 12/13/10 TREE REMOVAL General Fund Tree Maintenance 375.47 TOTAL: 395.47 WACONIA FARM SUPPLY 12/13/10 OIL CHAIN SAWS General Fund Public Works 27.77 TOTAL: 29.99 WARNER CONNECT 12/13/10 DEC MAINT General Fund Municipal Buildings 2,800.00 TOTAL: 2,800.00 WASTE MANAGEMENT OF WI -MN 12/13/10 DEC -PW SVC General Fund Public Works 397.24 12/13/10 SSCC -AUG SVC Sou*_hshore Communi Strict COmmurity Cente 147.56 TOTAL: 494.80 WELLS FARGO HEAhtH BENEFIT SVCS 11/23/10 P/R DEDUCTS -14SA General Fund NON - DEPARTMENTAL 889.60 12/09/10 P/R DEDUCTS NSA General Fund NON- DEPARTME%T.AL 889.60 11/23/10 P/R DEDUCTS -HSA General Fund General Government 96.00 12/07/10 P/R DEDUCTS -HSA General Fund General Government 96.00 TOTAL: 1,971.20 4!M. MUELLER & SONS, INC. 12/13/10 NOV SVC General Fund Streets & Roadways 6,799.37 TOTAL: 6,999.37 WOODRUFF, RICHARD 12/13/10 METRO CITIES BIG 11/17/10 General Fund Ce..R'l 31.50 TOTAL: 31.50 WSB AND ASSOCIATES 12/13/10 OCT- HARDSNG LN /AVE KEBAB Street Capital Imp Street Cast Tmprovemen 105.00 12/13/10 OCT -6180 MURRAY HILL DRAIN Stormwater Managem STORMWATER MANAGEMENT 210.00 12/13/10 OCT -5925 GRANT ST DRAINAGE Stormwater Manager STORMWATER MANAGEMENT 1,365.00 'TOTAL: x,680.00 XCEL ENERGY 12 /1.3/10 SVC BTWN 09/27 -11/21 General Fund Municipal Buildings 518.26 12/13/10 SVC BTWN 09/2 -11/21 General Fund Pelice Protect'.' 5.12 12/13/10 SVC BTWN 09/29 - 1.1/21 General Fund Public Works 750.23 12/13/10 SVC BTWN 09/27 -11/21 General Hand Traffic Control /Stu Li 23.37 12/13/10 SVC BTWN 09/27 -11/21 General Fund 'Traffic C.rtr.l /Str Li 4,664.28 12/13/10 5700 CTY RD 19 General Fund Traffic Control /Sts Li 31.52 12/13/10 5700 CTY RD 19 UNIT LIGHTS General Fund Traffic C.ntr.l /Stu Li. 242.41 12/13/10 SVC BTWN 09/27 - 1.1/21 General Fund Parks & Recreation 592.46 12/13/10 SSCC- 06/22 -07/24 SOUthsh.re Communi Senior Community Caere 702.68 12/13/1.0 2 SMTWN RD SVC 3.0/20 -1 Water Utility Water 836.84 12/13/10 SVC BTWN 09/27 -11/21 Water Utility Water 490.35 12/13/10 SVC BTWN 09/27 -11/21 Water Utility Water _,163.99 12/13/10 SVC BTWN 09/29 -11/21 Water Utility Water 2,015.46 12/13/10 SVC BTWN 09/27 -11/21 Sanitary Sewer Uti Sewer 512.78 TOTAL: 12,569.75 ZIEGLER, INC. 12/13/10 PLOW CUTTING EDGES Genera'_ Fund Ice & Snow Removal 2,337.00 12 -09 -2010 01:43 PM C O D N C I L REPORT AN VENDOR - DECEMBER 13, 2010 PAGE: 10 VENDOR SGRT KEY DATE DESCRI FRED DEPARTMEN AMOUNT — PAYROLL EXPENSES GRAND TOTAL: 409,661.08 -------- - ------- - ------------ - - - --- TOTAL PAGES: 1_0 12/13/1.0 CUTTING EDGE General Pund Ice & Snow Removal 1.,952.21 TOTAL: 4,289.21 11/22/2010 - 99/99/9999 General Fund Council 1,300.00 General Fund Administration 8,042.39 General Fund General Government 15,843.09 General Fund Elec *_ions 572.07 General Fund Finance 9,787.92 General Fund Planning 10,598.09 General Fund Protective Inspections 6,601.24 General Fund City Engineer 5,973.98 General Fund Public Works 23,843.66 General Fund Streets & Roadways 2,391.61 General Fand Ice & Snow RemOVal 7,857.75 General Fund Sanitation /Weeds /Waste 833.46 General Fund Tree Maintenance 2,179.67 Genera]. Fund Parks & Recreation 6,140.92 Southshore Communi Senior Community Carte 909.56 Water Utility Water 3,898.44 Sanitary Sewer Uti Sewer 3,446.68 Recycling Jtility Recycling 49.88 Stormwater Managem STORMWATER MANAGEMENT 680.04 TOTAL: 110,950.65 - °°°= FUND TOTALS -------- ..:.------- 101 General. Fund 313,038.80 402 Park Capital Improvements 1,637.08 404 Street Capital Improvemen 1,452.21 490 9outhsho x'e Community C 6,712.74 601 Water Utility 13,484.20 611 Sanitary Sewer Utility 55,084.06 621 Recyol.ing Utility 13,897.38 631 S*_ormwater ManagementlUtil 2,354.61 880 Escrow Deposit Agency 2,000.00 GRAND TOTAL: 409,661.08 -------- - ------- - ------------ - - - --- TOTAL PAGES: 1_0 12 -09 -2010 01 IS IN C O O N C I L REPORT SY DEPARTMENT - DECEMBER 13, 2010 PAGE: 1 DEPARTMENT FUNG VE NAME DATE DESCRIPTION AMOUNT NON - DEPARTMENTAL, General Fund ]TRIPS - FEDERAL W/H PERA Council Admin .rrat lP..n ICMA RETIREMENT TRUST- 302131 -457 APSCME COONClS 5 IN DEPT OF REVENUE LCGOWSKI, JOSEPH MINN DOPERS GROUP LIFE INS WELLS FARGO HEALTH BENEFIT SVCS 11/23/10 FEDERAL W/H 12/09/10 FEDERAL W/H 11/23/10 FICA W/H 12/07/10 FICA W/R 11/23/10 MEDICARE W/H 12/09/10 MEDICARE W/H 11/23/10 P/R DEDUCTS -PERA 12/07/10 P/R DEDUCTS -PERA 11/23/10 P/R DEDUCTS - DEFERRED CON 12/07/10 P/R DEDUCTS DEFERRED GO', 11/23/10 P/R DEDUCTS- DEFERRED COM 12/07/10 P/R DEDUCTS- DEFERRED CON 12/07/10 P/R DEDUCTS - UNION DUES 11/23/10 STATE W/H 12/0 > /10 STATE SIG 12/13/10 SEC 125 REIM 11/23/'_0 MONTHLY- ELECT LIFE INS 11/23/10 P/R DEDUCTS -HSA 12/07/1.0 P/R DEDUCTS -HSA TOTAL: General FuHd EFTPS - FEDERAL W/H 11/23/10 FICA W/H 11/23/10 MEDICARE W/H EXCELSIOR ENGRAVING 12/13/10 AWARD PLAQUE - TURGEON & EAT LAKE MINNETONKA CONSERVATION DISTRICT 12 /13/10 4TH QTR LEVY PAYMENT MINNETONKA. H.S. - VOCAL SUPPORT 12/13/10 2010 PERFORMANCE DONATION WOODRUFF, RICRARD 12/13/10 METRO CITIES MTG 11 /17/10 *PAYROLL EXPENSES 11/22/2010 - 99/99/9999 TOTAL: General Fund BETTS - FEDERAL WIN '1/23/10 FICA W1 1 H 12/07/10 FICA W/H 11/23/10 MEDICARE W/H 12/07/10 MEDICARE W/H 11/23/''0 P/R DEDUCTS -PERA 12/07/10 P/R DEDUCTS -PERA 12/13/10 NOV CELL 12/13/10 NOV MILEAGE 11./22/2010 - 99/99/9999 TOTAL: General Government General Fuhd PERA HECK, BRIAN *PAYROLL EXPENSES EFTPS - FEDERAL WIN PERA MIDWEST MA'iLDNG SYSTEMS ]:NC OFFICE DEPOT WELLS FARGO HEALTH BENEFIT SVCS 11/23/10 FICA W/H 12/07/10 FICA W/H 11/23/10 MEDICARE W/H 12/07/'0 MEDICARE KID 11/23/10 P/R DEDUCTS -PERA 12/09/10 P/R DEDUCTS -PERA 11/29/10 DEC NEWSLETTER POSTAGE 11/29/10 DEC NEWSLETTER SVC 12/13/10 JAN NEWSLETTER POSTAGE 12/13/10 HEATERS 12/13/10 ENVELOPES 12/13/10 HEATER RETURN 12/13/10 HEATER RETURN 11/23/10 P/R DEDUCTS NSA 12/09/10 P/R DEDUCTS -HEA 4,895.51 5,103.90 3,259.83 3,304.16 962.38 772.74 3,229.06 3,349.99 1,025.00 1,025.00 365.73 351..94 267.68 2,31.4.44 2,287.83 96.15 32.00 689.60 889.60 34,222.54 80.60 18, 87 219.08 7,756.50 150.00 31.50 1,300.00 9,556.55 243.59 241.34 56.97 56.45 262.75 280.21 79.99 /3 .50 8,042.39 9,357.19 462 .78 519.51 108.23 121.52 522.49 586.53 509.60 275.33 500,00 106.24 52.99 53.12- 26.56 96.00 96.00 12 -09- 2010 01:45 PM C O U N C _ L REPORT BY DEPARTMENT - DECEMBER 13, 2010 PAGE: 2 DEPARTMEN FUND VENDO NA ME DA TE D ESC RI P TIO N AMOUNT PANCHYSITYN, JEAN 12/13/10 JUL THRU DEC WELLNESS REIM 240.00 TOTAL PRINTING SERVICES 12/13/10 DEC NEWSLETTER SVC 1,307.10 SUN NEWSPAPERS 1.2 /13/10 ORD NO, 471 - 12/02/10 42.90 * *PAYROLL EXPENSES 11/22/2010 - 99/99/9999 15,843.09 TOTAL: 21.,310.63 Elections General Fund EFTTIN - FEDERAL W/H 11/23/10 FICA W/H 17.41 12/07/10 FICA W/H 18.04 11/23/10 MEDICARE Win 4.09 12/07/10 MEDICARE W/H 4.21 P£RA 11/23/10 P/R DEDUCTS REBA 19.68 12/07/10 P/R DEDUCTS -PERA 20.37 HERB CTY ELECTIONS 12/13/10 ELECTIONS- COURTLN 344.74 12/13/10 2010 GENERAL BALLOTS 346.95 * *PAYROLL EXPENSES 11/22/2010 - 99/99/9999 572.07 T091'AL: 1,347.54 Finanoe General Fund EFTPS - FEDERAL W/H 1.1/23/10 FICA W/H 274.15 12/07/10 FICA W/R 288.05 11/23/10 MEDICARE W/H 64.12 12/07/10 MEDICARE W/H 69.39 PERA -1/23/10 P/R DEDUCTS -PERA 334.93 12/07/10 P/R DEDUCTS -PERA 350.43 ABDO, EICK & MEYERS, LLP 12/13/10 12/03 SEMINAR - BRUCE & MICE 150.00 OFFICE DEPOT 12/13/10 FILE EXP 13.88 NGUYEN, MICHELLE 12/13/10 NOV & ADBO SEMINAR 12/03 M 104.00 DeJONG, BRUCE 12/13/1.0 MILnAGF. -AFRO SEMINAR 32.00 * *PAYROLL EXPENSES 1.1/22/2010 - 99/99/9999 9,787.92 TOTAL: 11,466.65 Professional .Svcs Cenral Fund METRO BOWHENT£RS RESOURCE BASE 12/13/10 2010 SHOREWOOD HUNT 50.00 POTTS, KENNETH N. 12/13/10 NOV PROSECUTIONS SVC 2,291.66 TOTAL: 2,341.66 Planning General Fund uFTPS - FEDERAL W/H 1.1/23/10 FICA W/H 283.34 12/07/10 FICA WIN 284.44 11/23/10 MEDICARE W/H 66.26 12/07/10 MEDICARE W/H 66.52 'ERA 11/23/10 P/R DEDUCTS -PERA 369.71 12/07/10 P/R DEDUCTS -PERA 372.15 SUN PATRIOT NEWSPAPERS 12/13/10 LAWTONKA HEARING 11/27 33.81 1.2/13/10 NON CONFORMING HEARING 11/ 29.40 12/13/10 TRASH HEARING 11/27 29.40 NIELSEN, BRADLEY 12/13/10 2010 MILEAGE RETM 1,094.50 SUN NEWSPAPERS 12/13/10 NON - CONFORMITIES 11/25 32.18 12/13/10 TRASH ENCLOSURE 11/25 35.95 12/13/10 LAWTONKA OUTLOTS 11/25 39.33 VERIZON WIRELESS 12/13/10 BRAD'S CELT. -SVC 10/11 -11/1 78.44 *PAYROLL EXPENSES 1 - 99/99/9999 1.0, 598.09 TOTAL: 13,413.32 Municipal Buildings General Fund ADAM'S PEST CONTROL, INC 12/13/10 4TH Q'IR SVC 68.1.0 CULLIGAN BOTTLED WATER 12/13/10 DRINKING WATER SVC 40.09 G & K SERVICES 12/13/10 CH SVC 158.72 ADVANCED I.MAGING SOLUTIONS INC 1.2/13/10 SVC 10/15 -11/15 67.00 PAETEC 12/13/10 02/26 -03/25 SVC 135.86 12 -09 -2010 01:45 PM C 0 U N C I L REPORT BY DEPARTMENT - DECEMBER 13, 2010 PAGE: 3 DEPARTMENT FUND VENDOR NAME DATE DESC RIPTION XCEL ENERGY AMOU FICA W/H SO LK MIKA POLICE DEPT Protective Inspections General CENTERPOINT ENERGY :.2/13/10 GAS SVCS -10/18 -11/17 136.09 BOND ENERGY 12/13/10 SVC BTWN 09/27 -11/21 518.26 QWES'T 12 /13/10 NOV 25 THRV DEC 24 SVC 120.54 WARNER CONNECT 12/13/10 DEC MAIN'T 12/13/10 2,800.00 CLASSIC CLEANING COMPANY 12/13/10 AUG -C.H. SVC G & K SERVICES 531..01 PW SVC MISC. VENDOR MUNICIPAL RISK SERVICE 12/13/10 TOTAL: 4,575.67 Police Protection General ➢'und XCEL ENERGY 12/07/10 FICA W/H SO LK MIKA POLICE DEPT Protective Inspections General Fund EF'TTS - FEDERAL W/H PIRA PAEANDAK, JOSEPH - PAYRO;.d.. EXPENSES City Engineer General Fund EFTPS - FEDERAL GIB 12/13/10 SVC BTWN 09/2 -11/21 5.12 12/13/10 DEC -OBE 78,829.00 'TOTAL: 78,834.1.2 11/23/10 FICA W/H 12/07/10 FICA W/H 11/23/10 MEDICARE W/H 12/07/10 MEDICARE W/H 11/23/10 P/R DEDUCTTS -PERA 1.2/09/10 TIC DEDUCTS -PERA 12/13/10 08/30 -10/25 MILEAGES 11/22/2010 - 99/99/9999 TOTAL: 11/23/10 FICA W/H 12/07/10 FICA W/H 11/23/10 MEDICARE W/H 12/01/10 MEDICARE W/H 11/23/10 P/R DEDUC'TS -PERA 12/07/10 P/R DEDUCTS PARA 12/13/10 DEC WIDENESS REIM 12/13/10 TRAFFIC SIGNAL 101 -J. LAND 12/13/10 ANNUAL MAINT -GSA 11/22/2010 - 99/99/9999 TOTAL: PERA LANDINI, JAMES MN DEPT OF TRANSDORV'ATION -MS635 COMPASS TOOLS, INC. - PAYROLL EXPENSES Pub!, WOSKS General Fund EFTPS - FEDERAL W/H 11/23/10 FICA W/H 12/07/10 FICA W/H 11/23/10 MEDICARE W/H 12/07/10 MEDICARE W/H 'ERA 11 /23/10 P/R DEDUCTS PERA. 12/07/10 P/R DEDUCTS -PERA CONQUEST AUTO PARTS 12/13/10 ANTIFREEZE 12/13/1.0 ANTENNA MAST 12/13/10 OIL FILTER 12/13/10 SWITCH CHIEF'S TOWING INC 12/13/10 'TOW DAMAGED - FREIGHTS -FL70 G & K SERVICES 12/13/10 PW SVC MISC. VENDOR MUNICIPAL RISK SERVICE 12/13/10 RISK 6 ROADS MANUAL PIRTEX PLYMOUTH 12/13/10 HIT REPAIR LOADER- UNIT56 J.H. LARSON COMPANY 12/13/10 BULBS PAETEC 12/13/10 02/26 -03/25 SVC MENARDS 12/13/10 SUPPLIES FOR MAIL BOX REPA 12/13/10 MAIL BOX REPAIR AMERICAN MESSAGING 12/13/10 DEC PAGER CENTERPGINT ENERGY 12/13/10 GAS SVCS - 10/18 -11/17 XCEL ENERGY 12/13/10 SVC BTWN 09/27 -11/21 SAFETY -%LEEK SYSTEMS, INC. 12/13/10 LATE FEE SHOREWOOD TRUE VALUE 12/13/10 LETTERS 179.23 194.90 41. 9i 40.86 234.20 227.89 480.00 6,601.24 7,980.03 186.92 182.25 43. ")1. 92.62 211 74 206.45 40.00 50.00 265.00 5,973.98 7,202.6 678.36 753.31 158.64 19`0.17 99'0.95 872.11 19.82 13.61 27.03 11.36 291.00 996.86 48.95 147.56 67.92 46.90 53.51 87.88 8.98 144.44 750.23 25.00 5.51 12 -09 -2010 01:95 PM C 0 U N C 1 L REPORT BY DEPARTMENT - DECEMBER 13, 201.0 PAGE: 4 DEPA RTMEN T FUND V ENDOR N AME. DATE DESCRIPTION AMC,JNT 12/13/10 PAINT 19.73 12/13/10 BULK 20.03 12/13/10 BULK 20.03 12/13/10 PIPING 8.92 12/13/10 BULK 16.86 STONEEPOOKE. EQUIPME,NI', INC. 12/13/10 WIRING HARNESS 122.13 STARA, BRUCE 12/13/1.0 BOOT REIM 19.98 SPEEDWAY SUPERAMERICA LLC 12/i3/10 GAS 3,453.62 TWIN CITY GARAGE DOOR CO. 12/13/10 GARAGE REMOTER 162.45 QWEST 12/13/10 NOV 25 THRU DEC 24 SVC 56.98 WACONIA FARM SUPPLY 12/13/10 OIL CHAIN SAWS 29.99 AUTO ELECTRIC SPECIALISTS, INC. 12/13/10 ALTERNATOR UTILITY 'TRUCK 226.30 CLASSIC CLEANING COMPANY 12/13/10 NOV SVC 316.46 WASTE MANAGEMENT OF WT MN 12/13/10 DEC -PW SVC 347.2? - PAYROLL EXPENSES 11/22/2010 - 99/99/9999 23,843.66 TOTAL: 34,861.36 Streets & Roadways General Fund EESTES - FEDERAL W/H 11/23/10 FICA W/H 141.,40 12/07/10 PICA W/H 6.88 1]./23/10 MEDICARE W/H 33.07 12/07/1D MEDICARE W/H 1161. PERA 11/23/10 P/R DEDUCTS -PERA 159.64 12/07/10 P/R DEDUCTS -PERA '1,77 WM. MUELLER & SONS, INC. 12/13/10 NOV SVC 6,799.37 'PAYROLL EXPENSES 11 /22/2010 - 99/99/9999 2,391.61 TOTAL: 9,541.35 Ice & Saow Removal General Fund EFTPS - FEDERAL W/H 11/23/10 FICA W/H 142.64 12/07/10 FICA WIN 326.64 11/23/10 MEDICARE W/H 33.37 12/07/3.0 MEDICARE W/H 76.38 PERA 11/23/1.0 P/R DEDUCTS -PERT. 167.03 12/07/10 P/R DEDUCTS -PERA 382.22 MACQUEEN EQUIPMENT, INC. 12/13/10 PLOW EDGE 1,433.72 MENARDS 12/13/10 LATH FOR SNOW REMOVAL 23.98 MORTON SALT, INC. 12/13/10 SALT 3,110.01 12/13/I.0 SALTS 3,106.15 SHOREWOOD TRUE VALUE. 12/13/10 ICE MELT STORAGE 9.61 ZIEGI:ER, INC. 12/13/10 PLOW CUTTING EDGES 2,33200 12/13/10 CUTTING EDGE 1,952.21 CRYSTEEL TRUCK EQUIPMENT 12/13/10 PLOW CUTTING EDGE 979.37 JOHN DEERE LANDSCAPES 12/13/10 ICE MELT 499.37 *PAYROLL EXPENSES 11/22/2010 - 99/99/9999 7,857.75 TOTAL: 22,438.2 T,affic CDntrpl /Sti Li General Fund EARL F. ANDERSEN, INC. 12/13/10 SIGNS 483.37 EGAN -MCKAY ELECTRICAL 12/13/10 LIGHTING R ^LAMP 513.00 ELECTRICAL INSTALLATION & MAINTENANCE 12/13/10 SIGNAL RELAYS @ OAK STEEL 250.34 XCEL, ENERGY 12/13/10 SVC BTWN 09/21 -11/21 23.37 12/13/10 SVC BTWN 09/27 - 11/21. 4,684.28 1.2/13/10 5700 CTY RD 19 31.52 12/13/10 5700 CTY RD 19 UNIT LIGHTS 242.41 GRAINGER, INC 12/13/10 STREET LIGHTING 419.79 TOTAL: 6,648.08 Sanitation /Weeds /Waste General Fund EPTPS - FEDERAL W/H 12/07/10 FICA W/H 51.68 12 -09 -2010 01:45 PM C 0 U N C I L REPORT BY DEPARTMENT - DECEMBER. 13, 2010 PAGE: 5 D FO VENDOR NAME DATE DESCRI OIL :'ION AM O;INT 12/09/10 MEDICARE W/9 12.09 PERA 12/09/10 P/R DEDUCTTS -PERA 58.34 - PAYROLL EXPENSES 11/22/2010 - 99/99/9999 833.46 TOTAL: 955.59 Tree Maintenance General Fund EFTPS - FEDERAL W/H 11/23/10 FICA 'W /F 121.44 12/07/10 FICA W/H 6.26 11/23/IO MEDICARE W/H 28.40 12/07/10 MEDICARE W/H 1.46 SERA 11/23/10 P/R DEDUCTS -PERA 145.40 12/07/10 P/R DEDUCTS -PERA 7.19 EKLUMD'S MULCH SALES 12/13/10 TREE DISPOSAL 128.00 RUNMCA CC INC 12/13/ BRUSH DISPOSAL 237.00 VIKING LAND TREE CARE TUC 12/13/10 TREE REMOVAL 375.4) "PAYROLL EXPENSES 11/22/2010 - 99/99/9999 2,179.87 TOTAL: 3,230.49 Parks S Recreation General. Fund EFTPS - FEDERAL W/H 11/23/10 P, W/H 145.84 1.2/07/10 FICA W/H 206.8E 11/23/1D MEDICARE" W/H 34.09 12/07/10 MEDICARE W/H 48.38 PERA 11/23/10 P/R DEDUCTS -PERA 194.32 12/07/10 P/R DEDUCTS AREA 255.53 COMMUNITY RED RESOURCES 12/13/10 PCS - 11/22 - 12/03/10 1,980.00 12/13/10 PSC - SVCS 12/05 - 22/31/10 4,005.00 PAETEC 12/13/1D 02/26 -03/25 SVC 145.60 CENTERPOINT ENERGY 12/13/10 GAS SVCS - 10 /I.8 -11/17 83.11 12/13/10 MANOR WARMING HOUSE 36.6'] XCEL ENERGY 12/13/ SVC BTWN 09/27 -11/21 592.46 SHOREWOOD TRUE VALUE 12/13/10 BOLTS 2.34 THREE R; - .VERS PARK DISTRICT 12 /13/10 ARTOC FEVER- 01/15/11 360.00 ON SITE .SANITATION INC 12/13/10 BADGER PARK 45.96 12/13/10 CATHCART PARK 45.96 12/13/10 FREEMAN PARK 266.13 12/13/10 MANOR PARK 45.96 '..2/1.3/10 SILVERWOOD PARK 45.96 12/-3/10 SOUTH SHORE SKATE 45.96 12/13/10 CHRISTMAS LAKE 2OAT ACCESS 235.13 - PAYROLL EXPENSES 11/22/2010 - 99/99/9999 6,140.92 TOTAL: 14,942.20 Unallocated Expenses General Pnnd MEDICA i2 /i3 /10 DEC MEDICAL PREM 14,973.37 12/13/10 OCT AD.I- BRUCE DEJONG 1,517.88 12/13/10 NOV ADS -GREG PASCHING 587.1.9 12/13/10 OCT & NOV CREDIT AEG S, EU 1,43L64- TEE PRUDENTIAL INSURANCE CO. OF AMERIC 12/13/10 DEC LIFE INS 'REM 1,294.36 1.2/13/10 SAN - PREPAID LIFE INS 853.09 AFSCME CO 5 MEMBERS REA.,T14 FUND 12/13/10 DEC -UNION DENTAL PREM 357.00 PRINCIPAL FINANCIAL GROUP 12 /13/10 DEC - DENTAL PREM 661.70 TOTAL: 18,812.93 Park Capital Improveme Park Capital Impro MISC. VENDOR CITY WIDE INSULATION 12/13/10 MANOR PK- ATTIC -BLOW FIBERG 450.00 KIRBY BUILT QUALITY PR 1.2/13/10 MANOR PARK - MESSAGE BOARD 682.90 THE EXCELSIOR PAINT & DESIGN CENTER 12/13/10 MANOR PARK -PARTS 9.69 :2/13/10 MANOR PARK PARTS 7.19 12/13/10 MANOR PARK -PARTS 484.09 12 -09 -2010 01:45 PM C O U N C I L REPORT BY DEPARTMENT - DECEMBER 13, 2010 PAGE: 6 DEPARTMENT FU ND VENDO NAME DATE DESCRIP - AM OUNT 122/13/10 MANOR PARK -PARTS 3.21 TOTAL: 1,637.08 Street Capt Imprcvemea Street Capital Imp TKDA ENGINEERS ARCHITECTS PLANNERS 12/13/10 OCT - NESINE DR & MEADOWVIE 1,347.21 RED AND ASSOCIATES 12/13/ OCT- HARDING LN /AVE REHAB 105.00 TOTAL: 1,452.21 Senior Community Ceate Southehore Catmuni EFTPS - FSDERAL W/H 11/23/10 FICA W/H 25.21 12/07/10 FICA W/H 31.19 11/23/10 MEDICARE W/H 5.90 12/07/10 MEDICARE W/M 7.29 PERA 11/23/10 P/R DEDUCTS -PERA 28.4I 12/07/10 P/R DEDUCTS PERA 35.20 ANDERSON, KRISTI B. 12/13/10 SSCOPHOLIDAY SUPPLIES 343.52 12/13/10 CARGILL BREAKFAST ESP 78.03 COMMUNITY REC RESOURCES 12/13/10 SSCC ASSISTANT- 11/22 -12/0 221.00 12/13/10 SSCC ASSISTANT SVC 12/6 -12 377.00 G & K SERVICES 12 /13/10 SSCC SVC 70.86 MEDIACOM 12/13/10 SSCC - 07/16 -08/15 SVC 49.95 CENTF,RPOIN'T ENERGY 12/13/10 SSCC 06/17 07/22 118.20 XCEL ENERGY 12/13/10 SSCC- 06/22 -09/24 702.68 SHOREWOOD TRUE VALUE 12/13/10 OKTOBERFE.ST BLOW -UP EVEN ": 73.00 DEN 12/13/10 SSCC -NOW ADS 9.95 DREW KRIESEL 12/13/10 OCT- RENTAL 465.00 12/13/10 NOV RENTAL. 325.00 12/13/10 NOV- SUPPLIES & SVC EXF REI 591.79 12/13/10 OCT & NOV CLEARING SVCS 1,020.00 STRATEGIC EQUIPMENT & SUPPLY CORPORATE 12/13/10 SSCC o- SUPPLIES RETURN 60.00- 12/13/10 SSCC SUPPLIES 219.1: 12/13/10 SSCC - SUPPLIES 127.72 DELI DOUBLE 12/13/10 CARGILL BREAKFASTP -- 1.1/22 298.22 BLANCHARD CATERING, INC. 12/13/10 FALL SOUPS COOKING CLASS -1 225.OD MINNESOTA PUBLISHING 12/13/10 SSCC -NOV 10 AD 200.00 MN CONWAY FIRE & SAFETY INC. 12/13/10 SSCC ANNUAL INSPECTION 66.30 WASTE MANAGEMENT 09 WL -MN 12/13/10 SSCC -AUG SVC 147.56 - PAYROLL. EXPENSES 11/22/2010 - 99/99/9999 909.56 TOTAL: 6,7:.2.74 Waiter Water Utility EFTPS - FEDERAL, W/3 11/23/10 FICA W/H 145.25 12/07/10 FICA W/H 91.01 11/23/10 MEDICARE W/H 33.98 12/07/10 MEDICARE W/H 21.28 PERA 11/23/10 P/R DEDUCTS -PERA 167.62 12/07/10 P/R DEDUCTS PAGE 102.26 HAWKINS, INC. 12/13/10 CHLORINE 80.00 GOPHER STATE ONE CALL 12/13/10 NOV SVC 61.05 ICS - DEAL' RUFF 12/13/10 A.MESBU2Y WELL CONTROLS 620.90 PA6TTF,C 12/13/10 02/26 -03/25 SVC 98.70 '2/13/10 02/26 -03/25 SVC 100.25 AMERICAN MESSAGING 12/13/10 DEC PAGER 4.49 CRNTERP01'N'T ENERGY 12/13/10 GAS SVCS - 10/1.8 -11/17 41.32 12/13/10 GAS SVCS - 10/18 -11/17 97.81 SPRINT 12/13/10 SVC - 10/13- 11/1.2 65.41 XCEL ENERGY 12/13/10 24253 SMTWN RD SVC 10/20 -1. 836.84 12/13/10 SVC STEP 09/27 -11/21 490.35 12/13/10 SVC BTWN 09/27 - 11./21 1,163.99 12 -09 -2010 01:45 PM C 0 U N C 1 I, REPORT BY DEPARTMENT - DECEMBER 13. 2010 PAGE: 7 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMO SHOREWOOD TRUE VALUE. TWIN CITY WATER CLINIC QWEST' VALLEY RICH CO., INC. HACH COMPANY * *PAYROLL EXPENSES Sewer Sanitary See, Uti EFTPS - FEDERAL W/H PEBA INR iRRZGATION SERVICES, INC. GOPHER STATE ONE CALL METRO COUNCIL ENVMT(WASTEWATER) AMERICAN MESSAGING SPRINT XCEL ENERGY TKDA ENGINEERS ARCHITECTS PLANNERS VERIZON WIRELESS * *PAYROLL EXPENSES Recycling Recycling Utility EPTPS - FEDERAL W/H PERA ALLIED WASTE SERVICES 4894 * *PAYROLL EXPENSES STORMWATER MANAGEMENT SCOrmwater Mdndgem EFTPS - FEDERAL W/H PERA WSB AND ASSOCIATES * *PAYROLI, EXPENSES SON DEPARTMENTAL Escrow Deposit Age MISC. VENDOR MARY SOHANDER 12/13/10 SVC BTWN 09/27 -11/21 12/13/10 SMALL TOOLS 12/13/10 AUG BACTER:[A ANALYSIS 12/13/10 DEC SVC 12/13/10 DEC SVC 12/13/10 NOV 25 TERi1 DEC 24 SVC 12/13/10 NOV 25 THRU DEC 24 SVC 12/13/10 WATERMAIN BREAK @ 4VOLAFAY 12/13/10 IRON TESTING 11/22/2010 - 99/99/9999 TOTAL: 1.1/23/10 FICA W/H 12/07/10 FICA W/H 11/23/10 MEDICARE W/H 1.2/07/10 MEDICARE W/H 11/23/10 P/R DEDUCTS -PERA 12/07/10 P/R DEDUCTS -PERA 12/13/10 XCEL CTR IRRIGATION SW REP 12/13/10 NOV SVC 12/13/10 DEC - WASTEWATER SVC 12/13/10 DEC PAGER 12/13/10 SVC - 10/13- 1.1./12 12/13/10 SVC BTWN 09/27 -11/21 12/13/10 LS415 &17 REHAB JUL SVC '_2/13/10 LS. SVC 10/22 -11/21 11/22/2010 - 99/99/9999 TOTAL: 2,015.46 93.60 100.00 315.23 236.43 65.92 65.92 2,436.96 30.93 3,898.44 3,484.20 112.95 95.47 26.42 22.34 130.54 110.71 282.94 61.05 47,029.65 4.49 65.41 512.78 2,970.08 214.55 3, 55,084.0E 11/23/10 PICA W/H 3.09 11/23/10 MEDICARE W/H 0.72 11/23/10 P/R DEDUCTS CARE 3.49 12/13/10 DEC RECYCLING SVC 13,840.20 11/22/2010 - 99/99/9999 49.88 TOTAL: 13,897.38 11/23/10 FICA W/H 15.63 12/07/10 FICA W/H 26.51 11/23/10 MEDICARE W/@ 3.65 12/07/10 MEDICARE W/H 6.19 11/23/10 P/R DEDUCTS -PERA 17,66 12/07/10 P/R DEDUCTS -PERA 29.93 12/13/10 OCT 6180 MURRAY HILL DRAIN 210.00 12/13/10 OCT -5925 GRANT ST DRAINAGE 2,365.00 11/22/2010 - 99/99/9999 680.04 TOTAL: 2,354.61 12/13/10 27690 VA COVE -TREE PRESERV 2,00 0.00 TOTAL: 2,000.00 12 -09 -2010 0].:45 PM C O U N C I L REPORT BY DEPARTMENT - DECEMBER 13, 2010 PAGE: 8 DEPARTMEN FLED) VEND NAME D ATE DESCRIP AMOUN GRAND TOTAL: 409,661.08 TOTAL PAGES: 8 _._____......... FUND TOTALS -- ...___ __________ 1.01 General Fund 313,038.60 402 Park Capital Zmnrovementc 1,639.08 404 Street Capita, Imprcvemen 1,452.21 490 Sovthshore Community Ctr. 6,712.94 601 Water Utility 13,484.20 611 Sanitary Sewer Utility 55,084.06 621 Recycling Utility 13,897.38 631 Stormwater Management Utii 2,354.61. 880 Escrow Deposit Agency 2,000.00 GRAND TOTAL: 409,661.08 TOTAL PAGES: 8 r, Department Council Meeting Item Number Administration December 13, 2010 3B From: Brian Heck, City Administrator Date: December 6, 2010 Item Description: Amendment to Hennepin County Recycling Grant Agreement Background / Previous Action The attached amendment to the Hennepin County Residential Recycling Grant Agreement, Contract No. A081255, extends the term of the Agreement for one year to December 31, 2011. The amendment also adds the Final 2011 Report due date of February 15, 2012. Upon approval by the Hennepin County Board, the city will receive its grant payment. Council Action Approval of Amendment 1 to Residential Recycling Grant Agreement. Council Action: I Hennepin County Department of Environmental Services 417 North Fifth Street, Suite 200 Minneapolis, MN 55401 -3206 612- 348 -3777, REDUCE, REUSE, RECYCLE 612 - 348 -8532, FAX 612- 348 -6500, Facility INFO Line www.hennepin.us November 16, 2010 Julie Moore CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 -8827 Ms. Moore: I NOV 17 2010 Hennepin County has traditionally distributed all the SCORE funding it receives from the state to municipalities for the purpose of supporting curbside residential recycling programs. In order to award these grant funds again in 2011, the city must sign an amendment to the existing agreement. The amendment extends the term for one year and requires the same annual report for that additional year. A sense of urgency on your part is needed to usher this amendment through city administration so that the county can approve the amendment before the expiration of the agreement at the end of this calendar year. Enclosed are two originals of Amendment I to Contract No. A081255, the 2008 -2010 Residential Recycling Grant Agreement between Hennepin County and the CITY OF SHOREWOOD. Please have both originals of the amendment signed and both documents returned to me. When I receive the signed originals of the amendment, I will forward the amendment to the county board and administration for final signatures. After the amendment has been approved, I will send you one of the originals and your grant payment. If you have any questions, please contact me at benjamin .lcnudson(t?�co.hennepin.mn.us or 612 -596 -1176. Sincerely, Ben Knudson Enclosures - 2 Amendment 1 to Contract No: A081255 AMENDMENT 1 TO RESIDENTIAL RECYCLING GRANT AGREEMENT This Amendment 1 to Residential Recycling Grant Agreement (the "Amendment') is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA (the " COUNTY ") A -2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Environmental Services, 417 North Fifth Street, Minneapolis, Minnesota 55401 -1397 ( " DEPARTMENT ") and the CITY OF SHOREWOOD, 5755 Country Club Road, Shorewood, Minnesota 55331 -8827 ( " CITY "). WHEREAS, the COUNTY and the CITY entered into a three -year Residential Recycling Grant Agreement, Contract No. A081255 (the "Agreement'), for a residential recycling grant commencing on January 1, 2008; and WHEREAS, the County Board, by Resolution No. 10 -0486, adopted on November 16, 2010, approved the Hennepin County Residential Recycling Funding Policy for the period January 1, 2008, through December 31, 2011, and authorized grant funding for municipal recycling programs consistent with said policy; and WHEREAS, the parties desire to amend the Agreement to extend the term. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follow: 1. Paragraph a. of Section 1, TERM AND COST OF THE AGREEMENT shall be amended to read as follows: This Agreement shall commence on execution and terminate on December 31, 2011, unless terminated earlier pursuant to the provisions set forth herein. 2. Paragraph b.4. of Section 2, SERVICES TO BE PROVIDED shall be amended to read as follows: The CITY shall submit, on forms provided by the COUNTY, a Final 2008 Report by February 15, 2009; a Final 2009 Report by February 15, 2010; a Final 2010 Report by February 15, 2011; and a Final 2011 Report by February 15, 2012. The CITY shall submit an updated Grant Application by February 15 of each year. 3. Except as hereinabove amended, the terms, conditions and provisions of the Agreement shall remain in full force and effect. COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA Assistant County Attorney Date: Chair of Its County Board ATTEST: Deputy /Clerk of County Board Recommended for Approval By: Director, Department of Environmental Services Date By: Richard P. Johnson, County Administrator Assistant County Administrator, Public Works an CITY OF SHOREWOOD CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws, resolutions or ordinances.* Signature: Printed Date: *CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time CONTRACTOR returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. COUNCIL ACTION FORM Department Council Meeting Item Number Finance December 13, 2010 #3C From: Bruce Delong, Finance Director Item Description: Adoption of the 2011 -2015 Capital Improvement Plan Background / Previous Action The City Council has reviewed various parts of the proposed capital expenditures for capital outlay funds and enterprise funds throughout the last four months in conjunction with budget discussions. The projects anticipated are reasonable and the funds have sufficient cash to cover all anticipated 2011 expenditures. Equipment purchases will be made through the most expedient and cost - effective manner allowed by state statute — whether by open market purchase, sealed quotation, or purchase through a joint powers purchasing arrangement such as state or Hennepin County contract or other available option. Public improvement projects will be brought back to City Council for review of the scope and specifications prior to being sent out for proposal. Options The options identified for the City Council are: Do nothing and require that all individual projects and equipment purchases be authorized individually, or • Modify the CIP by changing the nature and timing of proposed items, or • Adopt the CIP as recommended on that attached resolution. Staff Recommendation Staff recommends that the City Council adopt the resolution as presented. Attachment: 2011 -2015 CIP D Y13 C1 ��11►1`►C�ai[Ir A RESOLUTION ADOPTING THE 2011 -2015 CAPITAL IMPROVEMENT PLAN WHEREAS, the City Council has authority for purchasing all equipment and ordering all public improvement projects within the city; and, WHEREAS, long -range planning for major purchases and capital outlays is necessary to maintain the condition of city property and provide for affordable financing, and WHEREAS, the proposed 2011 -2015 Capital Improvement Plan advances these goals, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the 2011 -2015 Capital Improvement Plan is hereby adopted. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2010. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator /Clerk City of Shorewood, Minnesota Capital Improvement Program 2011 thru 2015 PROJECTS BY FUNDING SOURCE Source Project# Priority 2011 2012 2013 2014 2015 Total '401 -Public Facilities Fund South Shore Community Center - Contingent PF -11.01 n/a 15,000 15,000 5795 Country Club Rental Home - Contingent PF -99 -99 n/a 5,000 5,000 401 - Public Facilities Fund Total 20,000 10,000 402 - Park Improvements Signage - All parks &entry points P -11 -01 1 30,000 30,000 Picnic Tables P -11 -02 1 7,000 7,000 7,000 21,000 Freeman Play equipment P -11 -03 1 15,000 15,000 Cathcart Swing P -11 -05 1 7,500 7,500 Freeman Park- Picnic Shelter Re -roof P -11 -06 1 2,200 2,200 Badger Park- Warming House Rehab P -11 -08 1 5,000 5,000 Trail Connection to LRT P -11 -11 1 30,000 30,000 Badger Park - Install Rustic Trail P -12 -03 2 7,500 7,500 Silvewood Park - Resurface 112 court P -12 -06 2 2,000 2,000 Manor Park- Resurface Tennis Courts P -12 -07 2 6,000 6,000 Cathcart Park- Resurface tennis Courts P -12 -08 2 6,000 6,000 All Parks- Tot Lot Equipment P -12 -11 2 12,000 12,000 Silverwood Park - Equipment P -13 -01 3 60,000 60,000 Badger Tennis Court Resurfacing P -13 -02 3 8,000 8,000 Skate Park -Rehab P -14-02 4 50,000 50,000 Manor Tennis Court P -15 -03 5 100,000 100,000 Cathcart Tennis Court Overlay P -15 -04 5 6,000 6,000 402 - Park Improvements Total 96,700 40,500 75,000 50,000 106,000 368,200 403 - Equipment Replacement Fund Replace Unit 33 E -11 -01 1 142,000 142,000 Replace Ford Backhoe Unit #22 E -11 -02 1 75,000 75,000 Vehicle Lift E -11 -03 1 50,000 50,000 Replace Unit 21 - 24' trailer E -12 -01 2 16,000 16,000 Sand Pro 3000 - replace Unit 64 E -12 -02 2 14,000 14,000 Groundsmaster Mower -Toro 328D- replace unit 75 E -12 -03 2 22,000 22,000 Mower - Toro Praline 44 Replace Unit A7 E -12 -04 2 3,000 3,000 Air Compressor - Replace unit 38 E -13 -01 3 13,000 13,000 Dump Truck - replace unit 65 E -13 -02 3 157,000 151,000 Dump Truck - Replace Unit 68 E -13 -03 2 153,000 153,000 Pickup 4x4 - Replace Unit 78 E -13 -04 3 34,000 34,000 Cab for mower - replace A3 E -13 -05 3 6,000 6,000 Utility Truck w /crane & toolbox replace unit 76 E -14 -01 5 101,000 101,000 Mower - Replace Unit 86 - E -14 -02 4 23,000 23,000 Utility Vehicle - replace unit 77 E -14 -03 4 24,000 24,000 Page I Thursday, December 09, 2010 Source Project# Priority 2011 2012 2013 2014 2015 Total Blower Attachment for mower replace A8 E -14 -04 4 7,000 7,000 Cab attachement for mower replace unit A4 E -14 -05 4 6,000 LR -11 -02 6,000 Pick -up- 4 x 4150 Replace Unit 80 E -15 -01 5 36,000 36,000 Loader - replace unit 56 E -15-02 4 191,000 191,000 Dump Truck - replace unit 72 E -15 -03 5 Ivy Lane 167,000 167,000 403 - Equipment Replacement Fund Total 267,000 208,000 210,000 251,000 304,000 1,240,000 404 - Street Reconstruction Fund Afton Road LR -11 -01 1 33,000 33,000 Christopher Road LR -11 -02 1 33,000 33,000 Fatima Place LR -11 -03 1 24,000 24,000 Ivy Lane LR -11 -04 1 28,000 28,000 Rustic Way LR -11 -05 1 48,000 48,000 Vine Hill Road: Mill & Overlay (Shorewood portion) LR -11 -06 1 133,000 133,000 Clover Lane LR -12 -01 2 26,000 26,000 Club Lane LR -12 -02 2 24,000 24,000 Elder Turn LR -12 -03 2 26,000 26,000 Knightsbridge Road LR -12 -04 2 59,000 59,000 Lakeway Terrace LR -12 -05 2 44,000 44,000 Pleasant Avenue LR -12 -06 2 21,000 21,000 TeeTrail LR -12 -07 2 19,000 19,000 Wood Drive LR -12 -08 2 45,000 45,000 Wood Duck Circle LR -12 -09 2 34,000 34,000 Shore Road LR -13 -01 3 25,000 25,000 Elbert Point LR -13 -02 3 26,000 26,000 KcKinley Circle LR -13 -03 3 20,000 20,000 McLain Road LR -13 -04 3 25,000 25,000 Shady Hills Rd LR -13 -05 3 27,000 27,000 Valleywood Circle & Lane LR -13 -06 3 566,000 566,000 Charleston Circle LR -14 -01 4 33,000 33,000 Club Valley Road LR -14 -02 4 28,000 28,000 Lake Virginia Drive LR -14 -03 4 59,000 59,000 Radisson Entrance LR -14 -04 4 31,000 31,000 Shady Lane LR -14 -05 4 22,000 22,000 Timber Lane LR -14 -06 4 51,000 51,000 Sunnyvale Lane LR -14 -07 4 211,000 211,000 Chaska Road LR -15 -01 5 79,000 79,000 Mayflower Road LR -15 -02 5 31,000 31,000 McKinley Court LR -15 -03 5 36,000 36,000 Murray Hill Road LR -15 -04 5 47,000 47,000 Summit Avenue LR -15 -05 5 29,000 29,000 Star Circle & Lane LR -15 -06 5 411,000 411,000 Maintenance - Bituminous Seadoating LR -99 -100 1 223,000 136,000 217,000 250,000 207,000 1,033,000 404 - Street Reconstruction Fund Total 522,000 434,000 906,000 685,000 840,000 3,387,000 14 08 - Teclu ologyfOf6ce Equipment Fut Narrow Band Radio Replacements T -11 -01 1 7,000 7,000 Cartegraph Software Upgrade T -11 -03 1 5,700 5,700 City Council Laptop Computers (5) T -12 -01 1 5,000 5,000 Server and Operating System Replacements T -12 -02 2 10,000 10,000 Computer Upgrades - T -99 -99 1 10,000 10,000 10,000 10,000 10,000 50,000 Page 2 Thursday, December 09, 2010 Source Project# Priority 2011 2012 2013 2014 2015 Total 408 - Technology /Office Equipment 27,700 20,000 10,000 10,000 10,000 77,700 Fund Total 601 Water Fund Radio/SP Communications System W -10 -01 1 75,000 75,000 Water Main - Star Circle &Lane W -11 -02 We 130,000 130,000 Water Main- Valleywood Circle &Lane W -12 -01 n/a 272,000 272,000 Water Main -Afton W -13 -01 Ma 150,000 150,000 Water Main - Sunnyvale Lane W -13 -02 hie 100,000 100,000 W. Water Tower- Rehab & Painting W -13 -03 3 450,000 450,000 Water Main - Club Valley W -14 -01 nla 100,000 100,000 Water Main- Lake Virginia Drive W -14 -02 nla 240,000 240,000 Boulder Bridge Well Controls W -15 -03 5 160,000 160,000 601 - Water Fund Total 225,000 722,000 440,000 290,000 1,677,000 611 - Sanitary Sewer Fund Radio /ISP Communications - Lift Stations SS -10 -10 1 40,000 40,000 80,000 Lift Station 5 Rehab -27135 Edgewood SS -11 -01 1 120,000 120,000 Lift Station 6 Rehab- 27950 Smithtown Rd. SS -12 -01 2 125,000 125,000 Litt Station 11 Rehab -20465 Radisson Rd. SS -13 -01 3 130,000 130,000 Infiltration and Inflow Reduction SS -99 -05 1 70,000 70,000 70,000 70,000 70,000 350,000 611 - Sanitary Sewer Fund Total 230,000 235,000 200,000 70,000 70,000 805,000 ,631 - Stormwater Management Fund 6180 Murray Drainage - WSB Report STM -10 -03 4 150,900 150,900 Vine Hill Road Stormwater STM -11 -01 2 45,000 45,000 26980 Edgewood Dr STM -11 -02 3 45,000 45,000 Waterford PI & McKinley PI Curb STM -11 -03 3 20,000 20,000 Silver Lake Outlet STM -11 -04 2 40,000 40,000 Covington Rd Storm Sewer STM -11 -05 2 75,000 75,000 Star Circle &Lane - Stormwater STM -12 -02 3 31,000 31,000 22015 Strafford PI Drainage - WSB Report STM -12 -03 1 37,000 37,000 Lake South Auto Drainage - WSB Report STM -12 -05 3 24,000 24,000 Valleywood Circle &Lane - Drainage STM -12 -08 4 45,000 45,000 Afton Rd Drainage STM -13 -01 4 147,000 147,000 Sunnyvale Lane Drainage STM -13 -02 4 192,000 192,000 Club Valley Drainage STM -14 -01 4 101,000 101,000 Lake Virginia Drive Drainage STM -14 -02 4 283,000 283,000 6120 Riviera Drainage - WSB Report STM -14 -04 3 19,000 19,000 Star Circle &Lane STM -15 -01 5 31,000 31,000 23610 Gillette Curve Drainage - WSB Report STM -15 -03 3 211,000 211,000 23350 Academy Drainage STM -15 -04 4 75,000 75,000 Garden Road STM -15 -05 4 26,000 26,000 Gillette Road STM -15 -06 4 17,000 17,000 631 - Stormwater Management Fund 412,900 24,000 192,000 595,000 391,000 1,614,900 Total GRAND TOTAL 1,801,300 961,500 2,315,000 2,101,000 2,011,000 9,189,800 Page 3 Thursday, December 09, 2010 COUNCIL ACTION FORM Department Council Meeting Item Number Finance December 13, 2010 3D From: Bruce Delong, Finance Director I Item Description: 2010 Fund Equity Transfers Background / Previous Action At the November 22 meeting, Council was made aware of several funds that the need equity transfers by year -end in order to complete their operations and close out the remaining balance or deficit. There are unspent funds in the Waterford III TIF District— Fund 303 of about $12,000. This should be transferred to the Street Capital Improvement Fund to cover the cost of sealcoating and repainting Old Market Road as allowed by the TIF plan. A deficit exists in the City Hall Construction — Fund 410 of about $32,000. Staff recommends that this be closed by transferring funds from the Public Facilities Fund. Unspent funds of $68,000 remain in the EDA Public Safety Facilities Project — Fund 499. These funds should be transferred to the 2007 EDA Debt Refunding Bonds— Fund 307 for use in retiring the debt service associated with the construction at the Public Safety Building. Options The options available to the City Council are: • Do nothing and allow these funds to languish with no ongoing operations; • Close the funds but transfer to or from different funds than those recommended; • Close the funds as recommended on that attached resolution. Staff Recommendation Staff recommends that the City Council adopt the resolution as presented. Attachment: Resolution CITY OF SHOREWOOD RESOLUTION NO. 10- A RESOLUTION AUTHORIZING 2010 FUND EQUITY TRANSFERS WHEREAS, the City Council established the Waterford III TIF District — Fund 303, and the City Hall Construction — Fund 410, and the EDA Public Safety Facilities Project — Fund 499 to account for specific public project activities ; and, WHEREAS, those construction activities have been completed; and WHEREAS, the City Council desires to close these funds as of December 31, 2010; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the remaining balance in the Waterford III TIF District be transferred into the Street Reconstruction Fund to reimburse that fund for the cost of construct activities authorized by the TIF plan, and 2. That the City Hall Construction Fund's deficit be closed by transferring sufficient funds from the Public Facilities Fund to bring the Fund Balance to zero, and 3. That the remaining balance in the EDA Public Safety Facilities Project be transferred into the Public Safety Building Debt Service Fund as required by the bond covenants. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2010. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator /Clerk Department Engineering Council Meeting 12/13/10 Item Number: 3E From: James Landini, P.E. Item Description: 2011 SWPPP public meeting Background / Previous Action As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. This permit was originally obtained in March, 2003. The public education and outreach requirement of the permit requires an annual public meeting be held to discuss the Storm Water Pollution Prevention Program. Staff is recommending that this meeting be held January 24, 2011 at 7 PM, as part of the regular City Council meeting. Staff recommends approval to accept this date and time for the Public Informational Meeting. Options 1. Direct staff to advertise this date and time for the meeting. 2. Direct staff to advertise a different date and time for the meeting. 3. Do nothing. Staff Recommendation Staff recommends accepting this date and time for the Public Informational Meeting. Council Action: Department Council Meeting Item Number Public Works December 13, 2010 3-F From: Larry Brown, Director of Public Works Date: December 9, 2010 Description: Authorization for Expenditure of Funds to Replace Furnaces Boulder Bridge Well House Background The 2010 operations budget for the municipal water system has designated $3,000 to replace two unit heaters for the well houses. The two unit heaters at the Boulder Bridge Well House, located at 28125 Boulder Bridge Drive, have had numerous issues and have deteriorated to a point to where replacement is required. These heaters are the original heaters that were installed with the building in 1981. Quotes were solicited from two firms, and are summarized in the table below. Attachments 1 and 2 are the quotes provided. Firm Amount of Base Quote for 2 Heaters Anderson Cooling and Heating $ 2,250.00 Able Onsite Me chanical $ 3,483.00 As part of the quote process, it had been requested that each firm provide an alternative quote to upsize the heaters, due to current concerns of the existing furnaces having to run too long to bring the buildings up to temperature. The firm of Anderson Cooling and Heating provided the alternate quote to add an additional $100 to the quote, to upsize the heaters. The second firm failed to provide this information. Staff is recommending that the alternative quote be accepted, as this is a good value for the cost, and falls well within the budgeted amount. The total authorization with the alternate quote, taxes and permit would be $2,500. Staff Recommendation Staff is recommending approval of a motion that authorizes the expenditure of funds for replacement of two unit heaters at the Boulder Bridge Well House, not to exceed $2,500. Council Action: Anderson Cooling & Heating 20 Hillcrest Drive Tonka Bay, MN 55331 "! 044L2 b3; Andersoncooling@aol.co m City of Shorewood/Well House Bolder Bridge Shorewood MN Estimate DATE ESTIMATE NO. lll22/2010 322 -175 DESCRIPTION TOTAL Estimate to install two new Modine hanging unit heaters model HD30AOS l 1 with 30,000 btu input. Estimate 2,250.00 will include removal and disposal of old equipment,gas piping,venting,hanging of new units,wiring and installation of two new digital thermostats OPTION Install two Modine model HD45AOS 11 with 45,000 btu input. Add an additional $100.00 to existing estimate TOTAL $2,250.00 Attachment 1 Larry Brown Director of Public Works City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 Dear Mr. Brown: Thank you for the opportunity to propose a price on the replacement of two unit heaters. SCOPE OF WORK: 1. Removal and disposal of existing unit heaters. 1 Installation of 2 Modine HD45 unit heaters. 3. Reconnection of gas lines, venting and electrical. 4. Installation of a new high wind vent cap. S. Start up of the units for proper operation. Cost: THREE THOUSAND FOUR HUNDRED EIGHTY THREE DOLLARS AND 00 1100..( #3,483.00) Cost includes labor, equipment and all necessary permits. Thank you again for the opportunity to provide you with this proposal. If you have any questions, please feel free to call or E -mail me. Work: 952- 446 -9545 E -mail: dnims@abelonsite.com Cell: 952- 239 -6390 I accept the proposal: Signature: Date: Sin�c /r 0"' Doug Nims Abel Onsite Mechanical (Service Engineer) P: 952.446.95451 F: 952.446.94081 AbelOnsite.com I P.O. Box 97 — HWY 7 — St. Bonifacius, MN 55375 Attachment 2 COUNCIL ACTION FORM Department Date Council Meeting Item Number Administration 12/9/2010 12/13/2010 #3G From: Jean Panchyshyn, Deputy Clerk Cc: Brian Heck, City Administrator /Clerk Item Description: Resolution Extending the Electronic Parcel Database (EPDB) License Agreement with Hennepin County for the Year 2011 Background / Previous Action: The City of Shorewood entered into Agreement No. A13010 with Hennepin County in June of 2000 for electronic parcel database (EPDB) for the purpose of obtaining Shorewood parcel map data from Hennepin County. A copy of this Agreement is available in the City Clerk's office. Each year this Agreement must be renewed. Staff has prepared a resolution which extends this Agreement for the Year 2011. Options 1) Approval of the Resolution extending the EPDB License Agreement with Hennepin County for 2011. 2) Do not approve. Staff Recommendation Staff recommends approval of Resolution extending the EPDB License Agreement #A13010 with Hennepin County in order to continue to receive updated parcel map data from the County in the year 2011. Council Action: CITY OF SHOREWOOD RESOLUTION NO. 10- A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXTEND THE EPDB CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE YEAR 2011 WHEREAS, the City of Shorewood (City) has a desire to use electronic parcel specific data from Hennepin County (County); and WHEREAS, in order for the City to use the desired information, the City must renew their EPDB Conditional Use License Agreement with the County, establishing criteria for use of such data; NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and City Administrator to extend the EPDB Conditional Use License Agreement with Hennepin County for the year 2011. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December. 2010. Christine Lizee, Mayor ATTEST Brian Heck, City Administrator /Clerk COUNCIL ACTION FOIL Department Date Council Meeting Item Number Administration 12/9/2010 12/13/2010 NA From: Brian Heck, City Administrator Item Description: Councilmember Recognition of Service Background / Previous Action: There are two individuals being recognized for their service on the city council: 1) Jeffery Bailey for three years of service from March 2008 — December 2010 2) Laura Turgeon for ten years of service from January 2001 — December 2010 Council Action: Present recognition plaques to the individuals noted above. Council Action: CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 7 DECEMBER 2010 MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:00 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Geng; Commissioners Hasek, Hutchins, Ruoff, and Davis; Planning Director Nielsen; Council Liaison Woodruff Absent: Commissioners Arnst and Vilett APPROVAL OF AGENDA Hasek moved, Hutchins seconded, Approving the Planning Commission Agenda of December 7, 2010 as presented. Motion passed 5/0. APPROVAL OF MINUTES • November 16, 2010 Hutchins moved, Hasek seconded, Approving the Planning Commission Meeting Minutes of November 16, 2010 as presented. Motion passed 510. EXCERPT OF MOTIONS 1. 7:00 P.M. PUBLIC HEARING — CODE AMENDMENT REGARDING NONCONFORMITIES Hasek moved, Ruoff seconded, recommending approval of the Code Amendment regarding Nonconforming Buildings, Structures and Uses, subject to proposed Section 3 be revised to include review and recommendation of the Planning Commission and /or approval by the City Council. Motion passed 510. 2. 7:15 P.M. PUBLIC HEARING — CODE AMENDMENT REGARDING TRASH ENCLOSURES Hasek moved, Hutchins seconded, recommending approval of the Code Amendment regarding Trash Enclosures as proposed. Motion passed 5/0. 3. 7:20 P.M. PUBLIC HEARING — (SETBACK VARIANCE) Director Nielsen explained that if the proposed amendments to the Code regarding Nonconformities are approved, that would preclude the need for a setback variance in this case. The Planning Commission, acting under that premise, made the following motion: PLANNING COMMISSION MINUTES 5 October 2010 Page 2 of 2 Davis moved, Ruoff seconded, recommending approval of the site plait as proposed, subject to recommendations as outlined in the staff report dated November 30, 2010. Hasek requested that the motion be amended to include requirement of moving the existing fence out of the right -of -way so it is on the property. Davis agreed to amend the motion to include relocation of the fence. Ruoff affirmed the second. Camille Schroeder, representing the HOA's request, stated they were not aware that the fence was not on the property, but had no objection to correcting its location by moving it to the property line. Motion passed 510. Chair Geng stated that the public hearing is continued pending outcome of the City Council's action regarding the Code Amendment regarding Nonconformities as it impacts this case. If the Code Amendment fails, the applicant may continue with their request for a setback variance. RESPECTFULLY SUBMITTED Patti Helgesen, Recorder CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 16 NOVEMBER 2010 MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:00 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Geng; Commissioners Arnst, Hasek, and Hutchins; Planning Director Nielsen; Council Liaison Woodruff Absent: Commissioners Davis, Ruoff, and Vilett APPROVAL OF AGENDA Hasek moved, Hutchins seconded, Approving the Planning Commission Agenda of November 16, 2010 as presented. Motion passed 4/0. APPROVAL OF MINUTES • September 14, 2010 Hasek moved, Arnst seconded, Approving the Planning Commission Meeting Minutes of September 14, 2010 as presented. Motion passed 4/0. • October 19, 2010 Hutchins moved, Arnst seconded, Approving the Planning Commission Meeting Minutes of October 19, 2010 as presented. Motion passed 4/0. 7:00 P.M. PUBLIC HEARING — C.U.P. FOR TELECOMMUNICATION FACILITIES Applicant: T- Mobile Central, LLC Location: S.E. Area Water Tower — 5500 Old Market Road Director Nielsen reviewed his staff report explaining that T- Mobile proposes to place one panel -style antenna on the railing at the top of the water tower located at 5500 Old Market Road. The applicant already leases pace at a tower location on the stem of the tower and the proposed antenna would be in addition to that. Any additional equipment required by the additional antenna will be located within their existing fenced -in storage area at the base of the tower. Nielsen said the equipment storage area is very well screened from view, and one tree that the applicant needs to remove will be replaced, ideally in an area to the south of the storage area, in accordance with the Tree Preservation and Replacement Policy. Nielsen stated that the applicant has the ability to add up to six additional antennae to their currently leased location on the water tower stem for a total of nine, but they are requesting to place the new antenna at the top of the tower which is a new location and that is why they need a separate conditional use permit and separate lease agreement. He pointed out that the City Council is currently studying antenna lease fees that the City PLANNING COMMISSION MINUTES 19 November 2010 Page 2 of 4 has in place and the applicant's Lease agreement for the new antenna will be based on the updated fee schedule. Verna Garrison, representing T- Mobile, stated that they currently have three existing antennae and asked that the City allow this additional antenna at no additional cost. She said in addition to their current lease fees, they are covering the cost of consultation and outside engineering expenses. Commissioner Hutchins asked what the purpose is for placing the additional antenna at a different location. Ms. Garrison said according to T- Mobile's engineer, the higher elevation covers a larger area so they need Tess facilities in the area, plus this particular antenna provides additional capacity for 3 -G and the use of 3 -G has increased recently. Commissioner Hasek asked if T- Mobile could use the space that it currently leases on the side of the stem if it added different equipment, or maybe 2 - 3 antennae rather than just the one, or is the preference to move it up simply to reduce the amount of equipment and cover a greater area with less equipment? Ms. Garrison responded that is something she thinks she could take back to T- Mobile for consideration; to use the existing elevation instead of paying additional lease fees. Hutchins asked if the higher elevation provides greater range as well as greater capacity. Ms. Garrison said the capacity doesn't change with elevation, but the area that it covers increases significantly. She stated there are other ways to improve volume or capacity by enhancing the ground equipment that affects the antenna. Councilmember Woodruff said based on the exhibit drawing, the antenna is unidirectional and would only cover a limited geographical area with 3G. Ms. Garrison said that is correct, and the direction the antenna is facing is based on population and customer complaints. Woodruff said, in that case, T- Mobile will probably be back in another year needing to add another directional antenna and should probably go with the higher elevation now in order to accommodate their needs. Hasek commented that he has seen some water towers that are over - loaded with antennae and he is concerned about this tower becoming one of them. Hutchins asked what the maximum number of antennae the City will be leasing space for to T- Mobile at this new location. Nielsen said that is something the City Council will need to determine. Chair Geng opened the Public Testimony portion of the Public Hearing at 7:27 P.M. I-Ie noted that there were no persons present to comment, but acknowledged a letter that was submitted by Hugh and Alison Westgate at 19967 Waterford Court who were in support of the proposal. Chair Geng then closed the Public Testimony portion of the Public Hearing at 7:28 P.M. Hutchins asked if there are any existing guidelines that dictate how many antennae are allowed per water tower. Nielsen said it has been determined on a case by case basis per C.U.P. Chair Geng suggested that an antenna policy is something that should probably be discussed at some time, as part of the Comp Plan. Hasek moved, Hutchins seconded, to recommend approval subject to the recommendations as outlined in the staff report dated November 4, 2010 and further recommend that the City Council be cognizant and aware of the potential maximum number of antennae that could be placed on the S.E. Area Water Power and what makes good common sense. Motion passed 4/0. PLANNING COMMISSION MINUTES 19 November 2010 Page 3 of 4 REVIEW DRAFT CODE AMENDMENTS • Nonconformities Director Nielsen reviewed the draft of proposed amendments regarding nonconforming buildings, structures and uses. He pointed out what is being changed in order to be consistent with current State law. He provided various scenarios of nonconformities in an attempt to further demonstrate the difference between nonconforming use versus nonconforming structure. Commissioner Artist asked how the City would know that a nonconforming use has been discontinued for a certain amount of time, when that circumstance could have an impact on the status of a property. Nielsen said there are a variety of ways the City finds out about activities. He said often it's the result of neighborhood complaint, or a new owner making inquiries or applying for permits, etc. Commissioner Hasek asked, in the example of a legal nonconforming apartment within a house that would lose the ability to rent it out if the use were discontinued for a year; if someone just spent the night in the apartment once in a while would that protect it's legal nonconforming status? Nielsen said yes, that is technically the case, but they would need to keep their Rental Housing License up -to -date too. There was further discussion regarding the meaning of certain parts of the code which resulted in a few additional words for the purpose of clarifying the actual intent. • Trash Enclosures Director Nielsen said that the first criteria in the proposed code states: "Exterior wall treatment shall be similar and complement the materials of the principal building." He pointed out that it is very subjective. The Commission discussed different ideas of how to better get the point across that an enclosure needs to be aesthetically compatible with the site and durable at the same time. Chair Geng suggested that specific criteria about the design of the enclosure be made part of the Comp Plan, and the actual code could be left less specific. The Zoning Administrator would then have something to refer to if necessary when evaluating permits for the enclosures. Nielsen offered to do further research of what other cities have in their codes about design criteria and provide an updated draft for the public hearing on December 7. If the Commission still wants something different at that point, the hearing can be continued. Commissioner Artist suggested a different order to how the proposed code is outlined. The Commission agreed with her suggestion and all agreed on a deadline of July 1, 2011 for the installation of enclosures. 3. MATTERS FROM THE FLOOR None. 4. NEW BUSINESS In response to inquiries from Commissioner Artist, Director Nielsen said the no -right turn sign will be removed from the Cub Food driveway after the curb is redesigned, which can't happen until spring. The Town Square complex will be superimposed on a photo of the Smithtown Crossing site, and lie has that plus mixed use discussion slated for the next meeting. He said he has discussion of information about the Galpin PLANNING COMMISSION MINUTES 19 November 2010 Page 4 of 4 Lake Road/Highway 7 intersection and signal light synchronization prepared. The 2011 Work Program will also be up for discussion at the next meeting. Arnst suggested that SLUC may as well be removed from under Reports since the City doesn't get the notices. Nielsen said there hadn't been money available in the budget to pay for SLUC attendance in 2010, but it has been put back in the budget for 2011. 5. DRAFT NEXT MEETING AGENDA The December 7 meeting will include three public hearings, plus a wrap -up of Smithtown Crossing which includes mixed -use (Comp Plan and Zoning Code), and the photo illustration; Highway 7 report; and 2011 Work Program. 6. REPORTS • Liaison to Council Commissioner llasek reported on items considered and actions taken by the City Council at their meeting of November 8, 2010. • SLUC None. • Other None. 7. ADJOURNMENT Hasele moved, Arnst seconded, Adjourning the Planning Commission Meeting of November 19, 2010 at 9:02 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 19 OCTOBER 2010 MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:00 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Geng; Commissioners Vilett (arrived at 7:14 P.M.), Davis, Arnst, Hasek, and Hutchins; Planning Director Nielsen; Council Liaison Woodruff Absent: Commissioner Ruoff APPROVAL OF AGENDA Arnst moved, Hasek seconded, Approving the Planning Commission Agenda of October 19, 2010 as presented. Motion passed 510. APPROVAL OF MINUTES • October 5, 2010 Hutchins moved, Arnst seconded, Approving the Planning Commission Meeting Minutes of October 5, 2010 as presented. Motion passed 510. DISCUSS ZONING CODE AMENDMENTS Nonconformifies Director Nielsen explained that during review of a case earlier this year it became apparent that certain parts of the current City Code needed to be updated to comply with state law. Nielsen said he discussed the Code sections that required attention with the City Attorney, and he reviewed them with the Commission. One significant change concerns nonconforming structures that have fallen into disrepair or destruction. Current code restricts reconstruction or repair to no more that 50% of the building's value, and the state statute would allow complete replacement. Much of the remaining required amendments are basically a matter of exchanging certain words that have minimal impact on the original intent. In reference to Subd. Lh. "Whenever a lawful nonconforming use of a structure or land is discontinued for a period of more than one year, following written notice from the Zoning Administrator, any future use of the structure or land shall be made to conform with the provisions of this chapter. ", Nielsen said that the written notice is not legally necessary, and that documentation of the timeframe would be noted for the record instead. Councilmember Woodruff inquired about the actual meaning of this provision and discussion regarding the difference between nonconforming use versus structure ensued. Director Nielsen agreed to have this clarified by the City Attorney. PLANNING COMMISSION MINUTES 19 October 2010 Page 2 of 3 Nielsen said in an effort to maintain some control over nonconforming accessory structures, properties containing such structures may be ineligible for conditional use permits to exceed the maximum number of buildings or total square footage permitted by the zoning district. Councilmember Woodruff suggested that the tern "required yard" include the word "setback" so it has a clearer meaning. The Commission agreed that a draft amendment should be reviewed prior to the actual public hearing. Trash Enclosures In recent months one of the commercial properties in Shorewood has been keeping their dumpster in front of their building and has been drawing complaints about unsightliness. The City Code has no specific requirements for trash enclosures, and the City Council has directed staff to prepare an ordinance addressing the situation. Director Nielsen said that most other cities impose trash collection standards on new as well as existing establishments. The proposed provisions for trash enclosures are outlined in the staff report dated October 9, 2010. II'e pointed out that the proposed code would also apply to residential unless there is an exemption. Commissioner Arnst said she thought residential should be exempt from having to enclose trash receptacles as there is not always enough room in the garage, but there should be some requirement that they be removed from the street after trash pick -up. Other Commissioners agreed and discussed the idea of a setback for trash containers. Nielsen suggested that it be an allowable encroachment, five -feet into the required setback. For example, a fifty -foot setback would allow the trash container to be forty -five feet from the front lot line. Commissioner Hutchins asked if there is a setback requirement for compost containers. Nielsen said they are supposed to be within the buildable area of the lot. Arnst asked if a permit will be required for trash enclosures. Nielsen said a Zoning Permit should be required, but that issue is unresolved so there is no system for Zoning Permits as yet. Artist asked how this will be enforced, and if there will be a penalty for noncompliance. Nielsen said all commercial property owners would be notified of the public hearing so they are aware of the proposed new law and if the ordinance is adopted, follow -up with a letter requiring them to comply. The Administrative Enforcement ordinance imposes financial penalties for code violations. Nielsen asked if two - family dwellings and apartment buildings should have the same exemption as single - family. Commissioner Hasek said most of the time those are rental properties and should not be exempt. Commissioner V ilett said two - family dwellings usually don't have any more garage space than single - family. After some discussion it was decided that the exemption to enclosure requirements would apply to single and two - family dwellings, but they would be required to remove the containers away from street after pick -up. A draft of the proposed code amendment will be provided for review at the next meeting of November 16 2. MATTERS FROM THE FLOOR None. PLANNING COMMISSION MINUTES 19 October 2010 Page 3 of 3 3. NEW BUSINESS Commissioner Amst asked when the Smithtown Crossing overlay rendering would be done, and who the developer of Town Square of Golden Valley was. Nielsen said he would try to have that information by the next meeting of November 16 " as well as information from MNDot regarding signal lights and the Galpin Lake Road intersection plans. Arnst also asked about the T- Mobile public hearing. Nielsen replied that the applicant had requested it be postponed. 4. DRAFT NEXT MEETING AGENDA The meeting of November 16 will include the rescheduled Public Hearing for request of a C.U.P. by T- Mobile to locate additional antenna on the S.E. Area Water Tower; and review of the draft code amendments regarding nonconformities and trash enclosures. 5. REPORTS Liaison to Council Chair Geng reported on items considered and actions taken by the City Council at their meeting of October 11, 2010. Councihnember Woodruff noted that cell tower fees are currently being studied, as are the fees associated with massage therapist licenses. • SLUC None. • Other Updates to the 60 -day rule were discussed. 6. ADJOURNMENT Davis moved, Arnst seconded, Adjourning the Planning Commission Meeting of October 19, 2010 at 8:30 P.M. Motion passed 6 /0. RESPECTFULLY SUBMITTED Patti Helgesen, Recorder Department: Planning Council Meeting: 12/13/10 Item Number: 8A From: Brad Nielsen, Planning Director Item Description: Zoning Amendment - Nonconformities Background / Previous Action The Planning Commission held a public hearing on 7 December 2010 to consider amendments to the Shorewood Zoning Code that updates the provisions relative to nonconforming buildings, structures and uses to comply with State law. The Commission reviewed two drafts of the amendment (second and third — Exhibits A and B, attached) and recommended approval of a revised third draft (see fourth draft - Exhibit C). The revision addressed moving of nonconforming structures where full compliance could not be achieved, but where the move would result in improved compliance with zoning standards. This is very well illustrated in the Gideon Cove HOA Variance request that appears on the 13 December Council agenda. The Commission voted unanimously to recommend approval of the third amendment, with a revision that provided for Planning Commission review and recommendation and Council approval of the permit to move a nonconforming structure (see Section 3 of the fourth draft). They went on to recommend in favor of the Gideon Cove request, subject to conditions, assuming the City Council agreed with their recommendation on the Code amendment. Options Do nothing (the Zoning Code remains contradictory to State law), approve the amendment as recommended by the Planning Commission, or direct staff to revise the amendment. Staff Recommendation The proposed amendment attempts to make the most out of what is considered to be unfortunate State law. The amendment makes our Code consistent with the statute, while at the same time retaining some control over nonconformities. It is important to point out that the amendments have to do with lawful nonconformities. Staff agrees with the Planning Commission recommendation and supports the adoption of the fourth draft. Council Action: WHOM 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (952) 960 -7900 FAX (952) 474 -0128 • www.ci.shorewood.nnn.us - cityhall @ci.shorewood.nnn.us TO: Plamzing Commission, Mayor and City Council FROM: Brad Nielsen DATE: 2 December 2010 RE: Code Amendment— Nonconformities — Second Draft FILE NO. Zoning Code (Chapter 1201.03) Attached is the second draft of the proposed amendment relative to nonconformities. Please note that changes from the previous draft are shown in green type. As mentioned in the staff report for the Gideon Cove variance application, staff has taken the liberty to include an additional provision that would allow the relocation of existing nonconforming structures where substantially better code compliance can be achieved (see new Section 3.). Again, if you have questions or comments on this material, feel free to contact me prior to the meeting on Tuesday flight. Cc: Brian Heck Mary Tietjen e �11 PRINTED ON RECYCLED PAPER Exhibit A - S- E- C- O- N- D-- D- R- A -F -T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 1. City Code Section 1201.03 Subd. l.b.. is hereby amended to read: "b. Any structure or use lawfully existing upon the effective date of this chapter shall not be °"lar -ge 1 , extended, of stnietufal y altefe , expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended." Section 2. City Code Section 1201.03 Subd. Le. is hereby amended to read: "c. Nothing in this chapter shall prevent the placing of a structure into safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. pr- oviaing the neeessar-y fepair-s shall not eenstitt4e more than 0 of the fair- fnar-ket value of the e. The market value shall be determined by the City Assessor. Section 3. City Code Section 1201.03 Subd. l.d. is hereby amended to include: "In instances where complete compliance cannot be achieved, nonconforming structures may be moved or rebuilt when it can be demonstrated that the structure has less impact on adjacent properties and conforms substantially better with current zoning requirements. Approval of such cases shall take into consideration existing and proposed landscaping, sight lines, and site drainage." Section 4. City Code Section 1201.03 Subd. l.g. is hereby amended to read: "g. if at an) time a naneonfbfming stfuetur-e of! use shall be destroyed to the extent of more than a wi f f tb, t' b th G •1 th e t et„ a nd th land o .,b.' >^ th s t« e t„ was loeated or- maiRtained shall, fiofn and aftef the date of the destr-uefion, be subjeet to al! the regulations speeifted by these zoning r-egttlations fef the distr-iet in whieh the !a and stfuetur-es afe leeated. A,-,y stfuetur-e whieh is dafnaged to an extent of less than 5 0 o f it va may b r-es t o it s ex Estim of th e tefA of d amag e uni destnaetion shall be made by the Building Offieial. Exeeption: single family residential may b re b u ilt on noneon l o t s o f .1 prov ided th setbaek are eo mplied with to th extent possible. Any structure or use lawfully existing upon the effective date of this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the structure is removed or the use discontinued for a period of more than one year, after which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located." Section 5. City Code Sections 1201.03 Subd. l.h. and i. are hereby deleted. Subsequent section numbering is amended accordingly. MIMMFIR�.11 WIN Section 6. City Code Sections 1201.03 Subd. 1.1. and m. are hereby deleted: KIM MW MIMMFIR�.11 WIN Section 6. City Code Sections 1201.03 Subd. 1.1. and m. are hereby deleted: Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: enf nn°n^° with this ° Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Under very special circumstances, an existing nonconforming accessory structure may be allowed to remain nonconforning and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure:" Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. -2- MW ZMM •� Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: enf nn°n^° with this ° Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Under very special circumstances, an existing nonconforming accessory structure may be allowed to remain nonconforning and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure:" Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. -2- MW Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: enf nn°n^° with this ° Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Under very special circumstances, an existing nonconforming accessory structure may be allowed to remain nonconforning and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure:" Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. -2- Section 9. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of December 2010. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -3- - T- H- 1- R- D-- D- R- A -F -T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 1. City Code Section 1201.03 Subd. l.b.. is hereby amended to read: "b. Any structure or use lawfully existing upon the effective date of this chapter shall not be „ lar -ge', extended, ° stfuetur -al y °'tefe , expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended." Section 2. City Code Section 1201.03 Subd. l.c. is hereby amended to read: "c. Nothing in this chapter shall prevent the placing of a nonconforming structure into safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. providing the neeessary r-epair-s shall not eenstitute more than 0 of the fair- mar-ke value of the strtietur -e. The market value shall be determined by the City Assessor. Section 3. City Code Section 1201.03 Subd. l .d. is hereby amended to include: "In instances where complete compliance cannot be achieved, nonconforming structures may be moved or rebuilt when it can be demonstrated that the structure has less impact on adjacent properties and conforms substantially better with current zoning requirements. Approval of such cases shall take into consideration existing and proposed landscaping, sight lines, and site drainage." Section 4. City Code Section 1201.03 Subd. l.g. is hereby amended to read: "g. if a4 any time a noneonfefming stfuewr-e or- use shall be destr-eyed to the extent of mer-e than 0 without further- aetion by the Couneil, the stfuetur-e and the land on which the stfuetur-e was leeated or- maintained shall, fr-om a-ad after- the date of the destruetion, be subjeet to al! the fegulations speeified by these zoning fegulations for- the distr-iet in W-hieh the !a and stmetur-es are loeated. Any stmetur-ewhieh is damaged to an extent of less than 5 of its value may be r-estefed to its --t-.A. Estimate of the extent of damage of destfuetion shall be made by the Building 0 . uni may b e re b u ilt f 1 f + r- pr-ev ided that s tb k ° z.vu�i�.� u.i. mplied with to the extent possible. Any structure or use lawfully existing upon the effective date of this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the structure is removed or the use discontinued for a period of more than one year, after Exhibit B which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located." Section 5. City Code Sections 1201.03 Subd. l.h. and i. are hereby deleted. Subsequent section numbering is amended accordingly. Section 6. City Code Sections 1201.03 Subd. I.I. and m. are hereby deleted: Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: e enfermanee with this e Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Under- very s a mstanees, an Exception: An existing nonconforming accessory structure may be allowed to remain nonconforming and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure: (i) The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or -2- affidavits from persons who lived on or near the property on or before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property." Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. Section 9. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of December 2010. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -3- - F- n- U- R- T- H-- D- R- A -F -T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 1. City Code Section 1201.03 Subd. l .b.. is hereby amended to read: "b. Any structure or use lawfully existing upon the effective date of this chapter shall not be e nlarg ed, extended, str .*„«„1l a lt o f °a, expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended." Section 2. City Code Section 1201.03 Subd. l.c. is hereby amended to read: "c. Nothing in this chapter shall prevent the placing of a nonc0r7{c)1-7nin( structure into safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. providing the necessary r-epairs shall not eenstittAe more than 0 of the fair market. vast e of the struetur -e. The market value shall be determined by the City Assessor. Section 3. City Code Section 1201.03 Subd. l.d. is hereby amended to include: "In instances where complete compliance cannot be achieved, nonconforming structures may be moved or rebuilt when it can be demonstrated that the structure has less impact on adjacent properties and conforms substantially better with current zoning requirements. Approval of such cases shall take into consideration existing and proposed landscaping, sight lines, and site drainage, and shall be subject to review and recommendation by the Planning Commission and approval by the City Council." Section 4. City Code Section 1201.03 Subd. l.g. is hereby amended to read: "g. if at any tifne a neneonfoFming str-ttewr-e or- use shall be destr-eyed to the exteR4 of mere than 0 of its fair- mar-ket value, thevalue to be determined by the City Assessor-, th was leeated of maintained shall, ffem and after the date of the desti-defien, be subjeet to all the regulations speeified by these zoning r-egulations for- the distr-iet in whieh the !a and struettifes afe leea4ed. Any struetur-e w-hieh is damaged to an extent of less than 5 of its value ma� be r-estefed to its former extent. Estima4e of the extent of damage or- destruetion shall be made by the Building Offieial. E*e- ---- family residential- 0 JLIV {. IL J O ° R « lots of eemplied with to the extent possible. Any structure or use lawfully existing upon the effective date of this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the Exhibit C structure is removed or the use discontinued for a period of more than one year, after which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located." Section 5. City Code Sections 1201.03 Subd. l.h. and i. are hereby deleted. Subsequent section numbering is amended accordingly. Section 6. City Code Sections 1201.03 Subd. I.I. and m. are hereby deleted: "MI M FM 10 MIUM.Mr. "WRIVIRIM "TUMM-1-M. a---' Section 6. City Code Sections 1201.03 Subd. I.I. and m. are hereby deleted: Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: onf ..w.,,aee with !his e Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Under- v efy s .,l e i feti mstanees , Exception: An existing nonconforming accessory structure may be allowed to remain nonconforming and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure: (i) The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or -2- • .• Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: onf ..w.,,aee with !his e Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Under- v efy s .,l e i feti mstanees , Exception: An existing nonconforming accessory structure may be allowed to remain nonconforming and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure: (i) The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or -2- affidavits from persons who lived on or near the property on or before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property." Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. Section 9. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of December 2010. CHRISTINE LIRE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -3- X41 � � � tt M X Q # r* H z � � � ti Department: Planning Council Meeting: 12/13/10 Item Number: 8B From: Brad Nielsen, Planning Director Item Description: Zoning Code Amendment —Trash Enclosures Background / Previous Action The Planning Commission has been working on an ordinance relative to requiring trash receptacles to be kept inside an enclosure (when they are located outside of a building). Last Tuesday, they held a public hearing to consider a second draft of an ordinance prepared by staff. They recommended unanimously to recommend approval of the draft (see Exhibit A, attached). Since then, Councilmember Woodruff has suggested that the last provision in the draft should be revised to allow trash containers to be placed at the street the day before the designated collection day. It seems pretty typical that people would place their trash at the street the night before pickup (I do), and the revision (Exhibit B) allows residents to place their trash at the curb 12 hours before the designated collection day. Options The Council can do nothing, or it can adopt the second draft amendment, or it can adopt the third draft of the amendment. Staff Recommendation It is recommended that the third draft of the amendment be adopted. Council Action: 1M 5755 COUNTRY CLUB ROAD ^ SHOREWOOD, MINNESOTA 55331 -8927 • (952) 960 -7900 FAX (952) 474 -0128 ^ www.ci.shorewood . mmus • cityhall @ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 1 December 2010 RE: Code Amendment —Trash Enclosures — Second Draft FILE NO. Zoning Code (Chapter 1201.03) Attached is the second draft of the proposed amendment relative to trash enclosures. Please note that deletions are show with spout and additions are shown in italics. As recommended by the Planning Commission, the order of the provisions has been revised. A (hopefully) better description of the required enclosures has been included in (1)(d). Based on a comment from an affected business owner, we have included landscaping as an alternative to a man -made structure. Also, we have reference the existing section of the Zoning Code that deals with required screening and landscaping. Since this section already contains comprehensive provisions regarding screening requirements, it may not be necessary to include another policy in the Comprehensive Plan. If you have questions or comments on this material, feel free to contact me prior to the meeting on Tuesday night. Cc: Brian Heck Mary Tietjen 9% Exhibit A ma® PRINTED ON RECYCLED PAPER S- E- C- O- N- D-- D- R- A -F -T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO THE REGULATION OF TRASH RECEPTACLES Section 1. City Code Section 1201.03 Subd. 2.n. is hereby amended to read: "n. Refuse. (1) Except for single - family and two - family dwellings, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: (a) of (a) The enclosed trash receptacle shall be located in the rear or side yard, but not in a side yard abutting a street, no closer to the public right of way than the principal structure. If the enclosure is higher than six feet, it shall comply with the setback requirements of the zoning district in which it is located. (b) The trash enclosure shall be in an accessible location for servicing vehicles and shall not interfere with site circulation. (c) The trash receptacles must be fully screened from view of adjacent properties and the public right -of -way. (d) The design and construction of the trash enclosure shall be subject to the approval of the Zoning Administrator. The enclosure may consist of construction of'a man -made barrier, or landscaping, or both. Where the enclosure consists of landscaping, vegetation shall be of sufficient size, density and type so as to provide a year round visual barrier. Man -made enclosures shall be of solid durable construction using materials that complement the materials of the principal structure. Required screening shall be consistent with Section 1201.03 Subd. 2.g. of this Code. (e) Recycling space must be provided as required by the State Building Code. (t) The owner of any property subject to the requirements of this section shall construct or install a trash enclosure on or before 1 July 2011. T, g A a.,,:.,:..+ i ti oa +" + t � auO.O,.�.1— - �_ n � x Yirit,�rno� , . ' . - c. . .I:. i ,,,; .. (2) Motor vehicles not currently licensed by the state, or which are, because of mechanical deficiency, incapable of movement under their own power, parked or stored outside in violation of § 501.05, Subd. 9 of this code, as amended, are considered refuse or junk and shall be disposed of. The outdoor storage of junk in yards in all residential districts shall be considered to be a nonconforming use and shall be removed." Section 2. City Code Section 1201.03 Subd. 3.c. is hereby amended to include: "(9) Storage of trash receptacles for single- 'family and two - family dwellings may extend into a required front yard setback or required side yard setback abutting a street no more than five feet. Trash receptacles may be placed adjacent to the street on the designated refuse collection day, but must be removed no later than 12 hours after the designated refuse collection day. Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of December 2010. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -2- .T.:11_I.:t,),, D -D- R_A -F -T_ CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO THE REGULATION OF TRASH RECEPTACLES Section 1. City Code Section 1201.03 Subd. 2.n. is hereby amended to read: "n. Refuse. ('1) Except for single - family and two - family dwellings, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: (a) Exterter wal9 tre ttn shall -1 irrfka ssd cc n�pk rent tl err zterial o€ t��r?netl? ling. (a) The enclosed trash receptacle shall be located in the rear or side yard, but not in a side yard abutting a street, no closer to the public right of way than the principal structure. If the enclosure is higher than six feet, it shall comply with the setback requirements of the zoning district in which it is located. (b) The trash enclosure shall be in an accessible location for servicing vehicles and shall not interfere with site circulation. (c) The trash receptacles must be fully screened from view of adjacent properties and the public right -of -way. (d) The design and construction of the trash enclosure shall be subject to the approval of the Zoning Administrator. The enclosure may consist of construction of a man -made barrier, or landscaping, or both. H%her•e the enclosure consists of landscaIjing, vegetation shall be ofsuffrcient size, density and type so as to provide a year round visual barrier. Klan -made enclosures shall be of solid, durable construction using materials that complement the materials of the principal structure. Required screening shall be consistent with Section 1201.03.5 "uhd. 2g. of this Code. (c) Recycling space must be provided as 'required by the State Building Code. (f) The owner of any property subject to the requirements of this section shall construct or install a trash enclosure on or before 1. July 2011. The ,E� Adffumstrata--ts- amh£S" 4o- exe-4' Q-days, iin-- th�L'c'$"sk`-E�' d �fi�- cs liic� - bE� - F3�-tr7L'-f3§�33{'r." Exhibit B (2) Motor vehicles not currently licensed by the state, or which are, because of mechanical deficiency, incapable of movement under their own power, parked or stored outside in violation of § 501.05, Subd. 9 of this code, as amended, are considered refuse or junk and shall be disposed of The outdoor storage of junk in yards in all residential districts shall be considered to be a nonconforming use and shall be removed." Section 2. City Code Section 1201.03 Subd. 3.c. is hereby amended to include: "(9) Storage oftrash receptacles for single - family and two - family dwellings may extend into a required front yard setback or required side yard setback, abutting a street no more than five feet. Trash receptacles may be placed adjacent to the street, I 'I houm prior to on the designated refuse collection day, but ond must be removed no later than 12 hours after the designated refuse collection day. Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this _ day of December 2010. CHRISTINE LIRE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -2- Department: Planning Council Meeting: 12/13/10 Item Number: 8C From: Brad Nielsen, Planning Director Item Description: Gideon Cove HOA— Variance Request Background / Previous Action The Planning Commission held a public hearing on 7 December to consider a variance request by the Gideon Cove Homeowners Association that would allow them to replace two grossly nonconforming structures on their common area peninsula on Gideon's Bay, with one structure that complies better, but not fully, with current zoning standards (see staff report — Exhibit A, attached). That same night, the Commission considered a zoning text amendment that included a provision that would address cases such as this (see Item Number 8C on this agenda). The Commission agreed with a staff recommendation that the case was best resolved with the new text amendment than by granting of a variance. Under the assumption that the Council will adopt the text amendment, the Commission agreed to review and recommend approval of the Gideon Cove site plan, reserving a recommendation on the variance in the event the Council did not approve the Code amendment. The site plan recommendation included conditions that were offered by staff. Options The options available are somewhat dependent on the outcome of the Code amendment relative to non conformities. If the amendment is adopted as recommended by the Commission, the variance request becomes unnecessary. If the Code amendment is not adopted, the Commission would take back up the variance request at their 4 January 2011 meeting. Staff Recommendation Staff suggests that the Code amendment addressing nonconformities provides a good solution to cases such as the Gideon Cove situation. In this regard, it has already been recommended that the amendment be adopted. If it is, staff agrees with the Planning Commission's recommendation to approve the Gideon Cove HOA Site Plan, subject to conditions. If the amendment is not adopted, the variance should go back to the Planning Commission on 4 January. It should be noted that a letter will go out to the HOA, advising them that their request is likely to exceed 60 days. Council Action: CITY OF 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (952) 960 -7900 FAX (952) 474 -0128 • www.d.shorewood.mn.us • cityha11 @d.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 30 November 2010 RE: Setback Variance — Gideon Cove HOA FILE NO. 405(10.09) BACKGROIT D Gideon Cove is a planned unit development, located on Lawtonka Drive (see Site Location map — Exhibit A, attached), consisting of six twinhomes (12 units) and four outlots which serve as common open space for the development. Three of the outlots, located on the north side of Timber Lane, make up a peninsula of land that extends into Gideon Bay in Lake Minnetonka. As shown on Exhibit B, the outlots are occupied by two docks owned by two individual property owners, and two accessory buildings, owned by the Gideon Cove Homeowners Association (HOA). The two buildings have are in need of substantial renovation and the HOA proposes to replace the two structures with a single building, located further back on the lot, as illustrated on Exhibit B. Given the 50 -foot setback from the ordinary high water level of Lake Minnetonka, and the narrowness of the peninsula, it is impossible to meet the setback requirement imposed by the Shorewood Zoning Code. Consequently, the HOA has applied for a setback variance. Their request is set forth in Exhibit C. The property in question contains approximately 14,300 square feet of area. The subject buildings are situated at the outermost end of the peninsula, with the westerly building actually extending out over the water. The easterly building measures 8.4' x 20.3', plus a small platform extending out from the north side of the building. The westerly building measures 14.4' x 20.3'. Together, the two buildings total 496 square feet of area. The proposed building measures 16' x 29' and would be located ter PRINTED ON RECYCLED PAPER Exhibit A Memorandum Re: Gideon Cove HOA — Setback Variance 30 November 2010 further south on the property, 40 feet from the right -of -way of Timber Lane. It is shown centered on the peninsula so as to be 31.4 feet from the shoreline on each side. The area of the building would be 32 square feet less than the two existing buildings and the height of the new building will be 10' -6 ", similar to the existing structures. ANALYSIS /RECOMMENDATION When Gideon Cove was originally platted, the two existing nonconforming buildings were allowed to remain ( "grandfathered in "). At that time, zoning requirements provided for maintenance of nonconforming structures, but if they were destroyed in any manner to less than 50 percent of their current value, they could not be rebuilt. As you are aware, the laws relative to nonconforming structures has changed in recent years. In fact, the Planning Commission agenda for 7 December includes updates to Shorewood's own requirements relative to noneonformities. The current statutes and the proposed changes to Shorewood's Zoning Code allow nonconforming structures to be rebuilt to their current extent, in their current location. Under these rules, the HOA has a right to rebuild the two buildings where they are currently situated. The HOA proposal to consolidate the two buildings into one, and relocate them further from the OHWL of the Lake, complies with Shorewood zoning requirements far better than the existing buildings do. It could be argued that the inability of the HOA to reconstruct their accessory strictures in (better) compliance with the Code due to the narrowness of the property is justification for a variance. The City Attorney advises, however, that the application may not meet the criteria of undue hardship, the first test of which is — can it be done without a variance? So, while the proposal appears to have considerable merit, a variance may not be the appropriate zoning tool to accomplish it. In this regard, the Planning Commission's review of noneonformities is quite timely. Section 1201.03 Subd. Ld. addresses the relocation of nonconforming structures. The current language allows nonconforming structures to be relocated when the relocation results incompliance with the Code. This section could be amended to allow "substantial compliance" instead. In this regard the current provision could be amended to include: "...into compliance with this chapter. In instances where complete compliance can not be achieved nonconforming structures may be moved or rebuilt when it can be demonstrated that the structure has less impact on adjacent properties and conforms substantially better with current zoning requirements. Approval of such cases shall take into consideration existing and proposed landscaping, sight lines, and site drainage." This language could be enforced in one of two ways: 1) administratively; or 2) through a conditional use process. Although Shorewood has made good use of the -2- Memorandum Re: Gideon Cove HOA — Setback Variance 30 November 2010 conditional use tool, in this case staff suggests an administrative approach, making it simpler for the property owner to do the right thing. The Gideon Cove public hearing is scheduled after the public hearing relative to nonconformities. Consolidation of the two nonconforming structures and moving into substantial compliance is consistent with the suggested amendment. Staff will take the liberty of drafting an alternative amendment from what has been studied by the Commission thus far with respect to nonconformities. Assuming the Commission will agree with staff, the Gideon Cove variance would not be necessary. Staff's recommendation relative to the HOA proposal is that the HOA present a landscape plan for the subject property that will further reduce the impact of the new structure and restore the shoreline where the current buildings are located. Finally, for some reason, the property in question exists as three outlots with separate tax numbers. These parcels should be legally combined prior to issuance of the building permit for the new structure. The building cannot be built over a property line. Cc: Brian Heck Mary Tietjen Camille Schroeder -3- 0 � N H N n n d �t W P N IV G Lake Minnetonka O 5 1. r g i sland Subject Property N 300 600 "'00 % Feet z go a� �j t Lt C1 N N C7 n C c o WEN � s Y.p 5rY uy t r f - r , 7 ti r � 4g' -b F r f - r , 7 ti r � 4g' ttryry..,, k � a } a b q C7 C- 0 U � 19 H o- N t tB a O m 1r Z D ti a + 1 4 03 Lo �i a ® Cj Exhibit B PROPERTY SURVEY F ttryry..,, k � a } a b q C7 C- 0 U � 19 H o- N t tB a O m 1r Z D ti a + 1 4 03 Lo �i a ® Cj Exhibit B PROPERTY SURVEY 23750 Lawtonka Drive Shorewood, MN 55331 October 25, 2010 Shorewood City Planning Commission 5755 Country Club Road Shorewood, MN 55331 To: The Shorewood City Planning Commission This is a request for a variance for the Gideon Cove Homeowners Association Currently we have two buildings on our peninsula property on Lake Minnetonka. Because they are in need of repair our association has been working for some time to find a remedy for them. We can repair them but in the course of considering that option it occurred to us that there might be a way to upgrade the property, making the buildings less obtrusive and more in line with the current city guidelines while retaining their current function. The buildings are used as storage for the association's residents' property and for dock storage. We propose to replace the two buildings with one building that incorporates no more than the square footage of the two current buildings. The new building would be in compliance with the city's requirements as much as the property allows. This means that it would meet the 35 foot setback requirement from the right -of -way, and the 50 foot setback requirement from the lake on the north and it would be centered on the peninsula. It is not possible to meet the 50 foot setback on the east and west sides of the property because the property is a peninsula. We would demolish the two existing buildings and restore the Lakeshore in an appropriate manner. We would be making the property more in conformance with the city's requirements by moving the buildings off the waterfront. Our goal is to replace the buildings and improve our property while maintaining the same storage space for our residents. Thank you for your consideration. Sincerely, Camille S. Schroeder Gideon Cove Homeowners Association Exhibit C APPLICANT'S REQUEST LETTER Dated 25 October 1010 . if + r ^ors ,.,�i i jf r s r LEFT ELEVATION SCALE 1/4 " =Y0" SUSSES 24 "OC 32 "OSB SHTHG RIDGE VENT FELT 12 FLT SHINGLE - 4 3 /8 "RS FIR SOFFIT MFG TRUSSES 24 "OC 15/32 "OSB SHTHG RIDGE VENT FELT 12 ASPHALT SHINGLES - "t4 � rrri c .:� �STPM Exhibit D PROPOSED BUILDING ELEVATIONS REAR ELEVATION SCALE 1/4 " =1'0" FRONT ELEVATION SCALE RIGHT ELEVATION SCALE 6 I ELS 0 /ER 3 1/2' N 3 1/2" N 3 1/2" N i 3/ YTL STEP _ D OUR FRCIR 8' -0" ' I 6 Exhibit E 16' -0" PROPOSED FLOOR PLAN FLODR PLAN 2 2X8 CONT -NDR SX6 TR.60 POST �- ,MFG TRUSS ( ✓-1 z4 "oc w l w /lx R CEDAR wRRP� a I '..,. j CID COV RFD a co �I o DECK L m 5/4X6 TRFX DECKING cc ! N ' co (OR SI,MILRR) N 8' -0" N -MFG TRUSS I j OPTIONAL /F TUBE 2 4 , pc 3/0 MTL DR STORAGE ' STORAGE �D LOCKER V / LOCKER VII m ` m• 2/4 2/4 m )� I� N I 51 STORAGE STORAG E LOCKER ' LOCKER VIII � �� V u� �( 2/46 2/4 i STO LOCKER V LOCKER G X 2/4 I'i it u\i 4 ,_ o " 8,7 STORAGE —� STORAGE ' STORAGE LOCKER III R O O M LOCKER X i g ~ j 2/4 w 2/4 zlw a I o_ _ �n STORAGE 21 "02/4 >) LOCKER XI `. 2/4 =+ STORAGE ; ' LOCKER II i STORAGE STORAGE ro LOCKER I LOCKER XII 2/4 LF� � m TRUSS m 24 "OC i 3/ YTL STEP _ D OUR FRCIR 8' -0" ' I 6 Exhibit E 16' -0" PROPOSED FLOOR PLAN FLODR PLAN *411 PH Department: Planning Council Meeting: From: Brad Nielsen, Planning Director 12/13/10 Item Number: 8D Item Description: Olson — Code Violation Appeal Status Background / Previous Action Administrator Heck and I met with Gale Olson, Jr. and his mother last week to discuss the code violations for which his property has been cited. We discussed a number of items on the original notice, some of which have been resolved. Mr. Olson has constructed a small fenced -in enclosure to store some of the building materials. Staff apparently mis- recorded a license number on one trailer that is owned by Mr. Olson. A trailer full of metal scrap has been emptied. A vehicle not licensed to anyone on the property is being used by one of the residents of the property. They are working to convey title to the resident. A tractor kept on the property is used to plow their parking area and is not used for commercial purposes. They have been advised to screen it from view. Although we discussed the number of sheds (accessory buildings) on the property, and there may be some violation in that regard, they were not part of the citation currently under consideration. Options Approve the original staff recommendation, continue action on the complaint, given the progress made, or take no action. Staff Recommendation In light of the Olson's good faith effort to resolve the complaints, staff suggests that the site be monitored and we continue to work with the owner toward Code compliance. Council Action: H SI3' Department: Planning Council Meeting: From: Brad Nielsen, Planning Director 12/13/10 Item Number: 8E Item Description: Zoning Violation Appeal — Bill Mason Background / Previous Action Pursuant to a resident complaint alleging that the property at 27680 Island View Road had certain violations of the Shorewood City Code, staff inspected the property and found at least some of the allegations to be accurate. As a result, a zoning violation letter (see Exhibit A) was sent to Mr. Raymond W. Mason (Bill). The letter advises Mr. Mason that the property is in violation of Section 1201.03 Subd. 14.c. of the Zoning Code, which limits the number of docks on residential property to one. Mr. Mason has appealed the notice (see his letter — Exhibit B, attached), stating that one of the docks is, in fact, a deck that should be "grandfathered in ". Prior to sending the violation letter, staff met with Greg Nybeck, Executive Director of the LMCD. Mr. Nybeck advises us that, under LMCD rules, the structure in question is considered to be dock. A letter (Exhibit C) from Mr. Nybeck to Mr. Mason, dated 1 December 2010, provides Mr. Mason with the LMCD's interpretation of their code. Also attached (Exhibit D) is a copy of Shorewood's definitions of dock and deck. Please note that Mr. Mason informs us that he will not be putting the northernmost of his docks out in the future. It may also be of interest to know that Mr. Mason could combine his easterly dock configuration with the dock in question to satisfy Shorewood's code requirement, notwithstanding whatever the LMCD may require. Options The Council can choose to agree with Mr. Mason and allow both structures to remain in place, or it could enforce the current City Code. Staff has suggested a very reasonable time frame in which the property owner can comply. Staff Recommendation It is recommended that the current code requirement be enforced. The property should be reinspected on or after 11une 2011, by which time the violation should be cured (including the use of the docks by people who do not reside there. Staff is more than willing to work with Mr. Mason on a dock configuration that complies with Shorewood's regulations. Council Action: v 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331 -8927 - (952) 960 -7900 FAX (952) 474 -0128 • www.d.shorewood.mn.us • cityhaII @ci.shorewood.mn.us 29 November 2010 Mr. Raymond W. Mason, Jr. 27680 Island View Road Shorewood, MN 55331 Re: Alleged Zoning Violations — 27680 Island View ,Road Dear Mr. Mason: Our office has received a resident complaint alleging that certain zoning violations have occurred on the above - referenced property, owned by you. Upon inspection of the premises, some of the allegations were found to have merit. The following violation of Shorewood's Zoning Code (Chapter 1201) was found: Three docks on one parcel of residential property Section 1201.03 Subd. 14.c., a copy of which is attached, specifically states that residential properties are limited to one dock, operated, used and maintained solely for the members of the family occupying the property. At present, two of the docks on your property remain in place. In addition to the number of docks on your property, it has been alleged that boats, not belonging to you, or registered to you, have been kept at your docks last summer. Obviously, there is no current violation in this regard, however, the City will monitor your property next boating season to ensure that any boats kept at your docks are owned and registered to the family occupying the premises. Given the current season, we do not expect the violation to be corrected at this time of year. This letter is to advise you, however, that the violation must be corrected by I June 2011, after which your property will be reinspected for compliance. Failure to comply will result in the matter being turned over to the City Attorney for further legal action. If you wish to appeal this order to the City Council, you must do so in writing, by 13 December 2010. Your appeal must state why you can not or will not correct the violation, or if you request additional time for compliance, how much time. Your written appeal will stop further action until such time as the City Council has considered the matter. 0 d_a,� ` A _�7 a_,_ '" z ' Exhibit A Mr. Raymond W. Mason, Jr. 29 November 2010 l'aae 2 If you have any questions relative to this letter, please do not hesitate to contact me on or before that date by phone at 952 -960 -7912 or by e -mail: bruels c(ilci.shore CITY OF SHOREWOOD Bradley J. Niels Planning Director Cc: Brian Heck Mary Tietjen Patti Helgesen. Joe Pazandak Greg Nybeck, LMCD 1201.03 Zoning Regulations 1201.03 (c) Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like. (d) The home occupation may include any of the following: stock- in- trade incidental to the performance of the service, repair or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. e. Nonconforming use. Existing home occupations lawfully existing on the date of this chapter may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation within one year subsequent to the adoption of this chapter. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision. f. Inspection. The City of Shorewood reserves the right, upon issuing any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this subdivision or any conditions additionally imposed. Subd. 13. Flood plain development. Any development of land located within the flood plain, as defined in § 1201.02, shall comply with the provisions of the Shorewood Flood Plain Ordinance (No. 109, Chapter 1101), as may be amended. Subd. 14. Regulations applicable to shoreline property. a. No structure of any kind except docks, stairways and lifts shall be built within the required setback from the ordinary high water level of a meandered lake, as provided in § 1201.26, subdivision 5 of this code. b. Docks and wharves, permanent or floating, shall not be built, used or occupied on land located within the R Districts until a principal dwelling has been constructed on the lot or parcel. C. The number of docks per lot or parcel of land in the R Districts shall be limited to one, and the same shall be operated , used and maintained solely for the use of the members of the family or families occupying the property upon which the dock is located. The dock shall connect to the shoreline at only one location, no wider than four feet, and shall extend into the lake at least eight feet beyond the ordinary high -water mark before branching out to form slips. The width of the 1201 -73 1201.03 Shorewood _ Zoning and Subdivision Regulations 1201.03 dock shall not exceed four feet at any point, except that at one location the dock may be no wider than eight feet for a length of eight feet. The number of restricted watercraft, as defined by the Lake Minnetonka Conservation District (LMCD) that may be docked or moored on a single property is limited to four. The dock owner may exceed four restricted watercraft only by obtaining an annual multiple dock /mooring license from the LMCD and a conditional use permit from the city, which permit shall be subject to the following conditions: (1) As part of the annual LMCD license review, the owner of the dock must demonstrate to the city that all boats stored at the dock are owned, registered and operated by the residents of the property on which the dock is located. (2) As part of the annual LMCD license review, the owner of the dock must demonstrate to the city that the dock is the minimum size necessary to store the boats owned, registered and operated by the residents of the subject property. (3) Boat canopies shall be limited to the size and number that is required to cover no more than four of the restricted watercraft. (4) The provisions of § 1201.04, subdivision l.d.(1) are considered and satisfactorily met. d. No boat, barge, boathouse or other floating vessel or structure tied or connected to a dock or wharf located within the city limits shall be used as a permanent, temporary or seasonal residence. e. No dock or wharf, permanent or floating structure shall be located or constructed within ten feet of the side lot line of any lot of parcel projected into the lake. f. No dock located within the R Districts shall extend further into the water than reasonably necessary to provide docking space for boats and crafts used by the owner of the dock, and under no circumstance shall a dock create a safety or navigational hazard or block any channel or access to the lake from adjoining lots or parcels. g. Unless specified otherwise in the city zoning code, all docks on all lakes shall comply with the Lake Minnetonka Conservation District Code of Ordinances. 1201 -74 2007S-2 December 2, 2010 Brad Nielson Planning Director City of Shorewood, MN Brad; I have resided at 27680 Island View Road for 16 years. In that time, I have made no major alterations to my property, with the exception of that being required to maintain the integrity and beauty of the landscape. Since living there I installed one dock for mooring my boats, and I installed a 32' ski and fishing dock on the outer shoreline. When we bought the property, there was a deck at the south end of the lagoon, which served as an erosion control, as the underside base is a retaining wall. That deck has been on the property for over four decades and has been "grandfathered" by the L.M.C.D. It still maintains that status today. I am somewhat taken aback, but not surprised, that my neighbor has now found my property to be offensive. The complaint of three docks is without total merit as the aforementioned has the "grandfather" status. As for the ski and fishing dock, that would have been a non -issue come spring. That dock served us while my son was young and he used it for water skiing. Most recently, the highest use of that dock has been for guests of my neighbor, as they came to visit them by boat. In the last two or three years, I maintained the dock for use by neighborhood kids, who fished on it daily. Currently, those kids seem to have found other hobbies, perhaps young ladies, as their attendance on my property has ceased. Exhibit B As I had the dock taken out this fall, I made the decision, at this time, not to have it re- installed. I have donated the 32' of dock to the Excelsior Fire Department for use of the fire and rescue boat. Needless to say, they were more than excited to receive it. In closing, I believe by spring, all of this attention would have taken care of itself, and I would be back in compliance by having only one dock, as allowed by the ordinance. I hope this clears up this issue and will allow you the time to move on to more meaningful business. Thank you for your time and consideration. Sincerely, R. W. "Bill" Mason 0 23505 SMITHTOWN ROAD, SUITE 120 • SHORE December 1, 2010 Mr. Raymond W. Mason, Jr. 27680 Island View Road Shorewood, MN 55331 Dear Mr. Mason: %O ✓ L \% to OTA 55331 • TELEPHONE 952/745-0789 • FAX 952/745 -9085 Gregory S. Nybeck, EXECUTIVE DIRECTOR It has recently been brought to the attention of the Lake Minnetonka Conservation District (LMCD) that a dock structure on your property may not be in compliance with LMCD Code. In particular, the dock on the west- side of the lagoon appears to be approximately 60' in length and ranges in width from approximately 10' to 13'. This appears to be a violation of LMCD Code Section 2.12 subd. 12. This allows a dock to exceed eight in either its length or width, but not both. However, docks that were on June 30, 1982 and are in compliance with all of the provisions of LMCD Code, other than this section, are allowed to continue in their present form without expansion or modification until such time as such docks are replaced or until 50% or more any such dock is damaged or destroyed. My expectation is that this dock will be brought into compliance with LMCD Code before the 2011 boating season. However, if you believe that you are entitled to the "grandfathered" status for docks in existence on June 30, 1982, and the dock has not lost that status by reason of expansion, modification, replacement, or destruction of more than 50 %, please provide me with the details of your position. Please feel free to contact me if you have questions. Your prompt attention in addressing this matter is appreciated. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Gregory S. Ny eck Executive Director Encl: Code Excerpt cc: Brad Nielsen, City of Shorewood Web Page Address: httr:Hwww.imcd.org E -mail Address: Imcd anlmcd.orq Exhibit C Subd. 9. Fuel and Power Supply. Installation of electrical and fueling facilities on docks, moorings and other structures shall be in accordance with applicable building codes and subject to state and local inspection procedures. Persons making such electrical or fueling installation shall maintain records of compliance with state and local codes and regulations. Subd. 10. Structures Not to Obstruct. No dock, mooring, or other structure shall be so located as to obstruct a navigable channel, or so as to obstruct reasonable access to any other dock, mooring area or similar structure authorized under this Code. No dock, mooring area or similar structure shall be located or designed so that it unnecessarily requires or encourages boats using it to encroach into any other authorized dock use area. A dock, mooring or other structure is "authorized" if it is automatically permitted under this ordinance or if a variance has been granted for it pursuant to Section 1.07. Subd. 11. Space Between Boats. Reasonable space shall be provided in mooring areas to allow navigation freely between moored boats. Subd. 12. Dock Dimensions. A dock may exceed eight feet, excluding posts, in either its length or width, but not both. In connection with issuance of a license under section 2.03, the Board may authorize the construction and maintenance of docks used in conjunction with the sale of fuel to the public of up to ten feet in width to the extent deemed necessary by the Board for safe and efficient fuel sales activities. Docks that were in existence on June 30, 1982 and that are in compliance with all the provisions of the LMCD Code other than this section shall be allowed to continue in their present form without expansion or modification until such time as such docks are replaced or until 50% or more of any such dock is damaged or destroyed. A ski jump may exceed eight feet in width provided it is no wider than 12 feet and meets all other requirements of the Code. Subd. 13. Use of Non - Encased Molded Expanded Bead Polystyrene Foam Material in Buoys and Floating Structures. a) Definition. Non - encased molded expanded bead polystyrene foam material means any brand of expanded polystyrene beads molded into a block, sheet, billet or other shape which is not completely encased in a fully sealed casing, coating or container the life of which will at least equal the time the water structure is intended for use in Lake Minnetonka. Such casing, -42q- Sec. 2.12, Subd. 8 c) (Rev. 08 -05) c) establishes or maintains a municipal dock or mooring area 100 feet or less in length measured parallel to the side site lines as extended into the Lake; d) provides for the maintenance of a municipal park or beach area; and e) establishes zoning provisions regulating land use adjacent to the Lake which are not in conflict with this ordinance. Subd. 9. Fuel and Power Supply. Installation of electrical and fueling facilities on docks, moorings and other structures shall be in accordance with applicable building codes and subject to state and local inspection procedures. Persons making such electrical or fueling installation shall maintain records of compliance with state and local codes and regulations. Subd. 10. Structures Not to Obstruct. No dock, mooring, or other structure shall be so located as to obstruct a navigable channel, or so as to obstruct reasonable access to any other dock, mooring area or similar structure authorized under this Code. No dock, mooring area or similar structure shall be located or designed so that it unnecessarily requires or encourages boats using it to encroach into any other authorized dock use area. A dock, mooring or other structure is "authorized" if it is automatically permitted under this ordinance or if a variance has been granted for it pursuant to Section 1.07. Subd. 11. Space Between Boats. Reasonable space shall be provided in mooring areas to allow navigation freely between moored boats. Subd. 12. Dock Dimensions. A dock may exceed eight feet, excluding posts, in either its length or width, but not both. In connection with issuance of a license under section 2.03, the Board may authorize the construction and maintenance of docks used in conjunction with the sale of fuel to the public of up to ten feet in width to the extent deemed necessary by the Board for safe and efficient fuel sales activities. Docks that were in existence on June 30, 1982 and that are in compliance with all the provisions of the LMCD Code other than this section shall be allowed to continue in their present form without expansion or modification until such time as such docks are replaced or until 50% or more of any such dock is damaged or destroyed. A ski jump may exceed eight feet in width provided it is no wider than 12 feet and meets all other requirements of the Code. Subd. 13. Use of Non - Encased Molded Expanded Bead Polystyrene Foam Material in Buoys and Floating Structures. a) Definition. Non - encased molded expanded bead polystyrene foam material means any brand of expanded polystyrene beads molded into a block, sheet, billet or other shape which is not completely encased in a fully sealed casing, coating or container the life of which will at least equal the time the water structure is intended for use in Lake Minnetonka. Such casing, -42q- 1201.02 Zoning Reguladi ns 1201.02 CONDOMINIUM. A multiple dwelling containing individually -owned dwelling units and jointly - owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 to 515.19, as may be amended. CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on and off the premises. COOPERATIVE (HOUSING). A multiple- family dwelling owned and maintained by the residents and subject to the provisions of M.S. §§ 290.09 to 290.13, as may be amended. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership. DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the recipient's own home. DAY CARE FACILITIES include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services. DECK. A flat - floored roofless platform adjoining a dwelling, used primarily for recreation. DEPARTMENT STORE. A business that is conducted wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished. DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein. DIVISION. A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream. DOCK. Any wharf, pier or other structure or combination of wharves, piers, or other structures constructed or maintained in or over a lake, whether floating or not, including all "Ls ", "Ts" or posts which may be a part thereof, whether affixed or adjacent to the principal structure, and which connects to the shoreline at only one location, no wider than four feet. DOG KENNEL. Any place where three dogs or more, over six months of age, are boarded, bred or offered for sale but not including veterinary clinic. DRAINING. The removal of surface water or ground water from land. DREDGING. To enlarge or clean out a water body, watercourse or wetland. 1201 -7 2007 S -2 Repl. Exhibit D 1 1 1 0 1 1 1 0 HUMS I T I NIM �- Department Engineering Council Meeting 12/13/10 Item Number: 9A From: James Landini, P.E. Item Description: Island Sanitary Sewer Repairs Background / Previous Action During the sanitary sewer televising of the islands 44 defects were identified. Four firms were invited to quote; three firms provided a quote to repair the defects. Visu- Sewer, Inc. quoted $24,545.00 to complete the 44 repairs. All of the repairs are proposed to be installed in place without excavating. The other quoters were Infra Tech, Inc. for $32,510.00 and Veit for $43,920.00. Visu- Sewer, Inc. has many years of successful projects in the 1980's with the City of Shorewood. Options 1. Direct staff to contract with Visu - Sewer, Inc. for this project. 2. Direct staff to contract with a different quoter. 3. Do nothing. Staff Recommendation Staff recommends direction to work with Visu- Sewer, Inc. for the Sanitary Sewer repairs not to exceed $30,000. Council Action: Department: Planning Council Meeting: 12/13/10 Item Number: 1OA From: Brad Nielsen, Planning Director Item Description: Telecommunications — Lease Rates for Water Towers Background / Previous Action At the last Council meeting staff presented information relative to lease rates for telecommunications companies that wish to use city water towers for their antennas. The Council agreed that the lease rate should be increased to the highest amount currently being paid by any of the existing carriers. Staff was to confirm the dollar amount. Upon review of the contracts that are in place, it was found that the highest amount being paid is $26,594.20. Options The Council has already expressed its desire with respect to the lease amount. A motion to charge $26,594.20 would be in order, or it could be rounded up to $26,600. Staff Recommendation Staff recommends that the lease rate be raised to $26,600. Council Action: Department Council Meeting Item Number Administration December 1 2010 10 - B From: Brian Heck, City Administrator Item — SCBA Equipment For the EFD Description /Background /Previous Action The Excelsior Fire District Board approved the purchase of Self Contained Breathing Apparatus (SCBA) using a lease /purchase program. The rational for the lease /purchase was to enable the fire district to procure the equipment in late 2010 / early 2011, to replace all the units, and enable the department to upgrade the equipment every 10 years, rather than the current plan of every 15 years. During the discussion, the Chief stated the projected interest rate for the program was 4.9% and the final information on interest rate came in at 4.09% for five years. I felt this was a bit much and suggested to Council member Bailey our representative on the board, Council member Zerby our alternate, and the chief that Shorewood consider financing the purchase on behalf of the EFD. The city could do so at a lower rate thereby saving the district as a whole and the city would have a reasonable investment with a reasonable return. Mr. Bailey, Mr. Zerby, and Chief Gerber felt this was worth looking into. I sent information to the other members and received positive responses as well. Bruce and I discussed the concept and I obtained information from our City Attorney indicating that the city could enter in to a lease /purchase with the EFD for the equipment. I spoke to Dana Young, Deephaven Administrator, and EFD Fiscal Host, about the cost of the equipment. During the discussion, Mr. Young indicated that Deephaven might also be interested in the financing of the equipment. The estimated cost of the equipment is $160,000 and it is my understanding that this includes all taxes, delivery, etc. We would use the cities equipment fund to finance the purchase and all payments and agreed to interest will go back to this fund. Once worked out, staff will bring back the actual lease /purchase agreement and resolution necessary. Options 1) Authorize staff to work with the EFD, and if necessary the city of Deephaven, to negotiate the lease /purchase agreement for SCBA Equipment and to return to council with the agreement and resolution. 2) Do not authorize development of the lease /purchase agreement with the EFD for SCBA equipment. 3) Do Nothing. 4) Provide staff with alternative direction. Council Action: Recommendation Staff recommends council to authorize staff to work with the EFD to develop an acceptable Lease /Purchase agreement for the purchase and financing of SCBA equipment and to prepare and back to council for approval the agreement and resolution. Department Council Meeting Item Number Finance December 13, 2010 10C From: Bruce DeJong, Finance Director Item Description: GASB 54 Discussion Background / Previous Action The City of Shorewood will soon be required to implement GASB 54 in the preparation of annual financial reports. The discussion below highlights changes that will occur. Fund Balance GASB 54 requires a modified approach to the classification of fund balances. The hierarchy of five possible classifications of fund balance is: Nonspendable Fund Balance • Amounts that cannot be spent due to form; for example, inventories and prepaid amounts. Also, long -term loan and notes receivables, and property held for resale would be reported here unless the proceeds are restricted, committed or assigned. Restricted Fund Balance • Amounts constrained for a specific purpose by external parties, constitutional provision or enabling legislation. Committed Fund Balance Committed Fund Balance • Amounts constrained for a specific purpose by a government using its highest level of decision - making authority. Action to constrain resources must occur prior to year -end; however, the amount can be determined in the subsequent period. Assigned Fund Balance • For all governmental funds other than the general fund, any remaining positive amounts not classified as nonspendable, restricted or committed. • For the general fund, amounts constrained for the intent to be used for a specific purpose by a governing board or a body or official that has been delegated authority to assign amounts. Unassigned Fund Balance • The general fund is the only fund that would report a positive amount in unassigned fund balance. Amounts not classified as nonspendable, restricted, committed or assigned are unassigned. All other governmental funds will only report fund balance that is nonspendable, restricted, committed or assigned. At this time there is no required action unless the City Council would want to commit a portion of a fund's resources for a specific purpose. Part of the implementation requires that funds be reclassified according to the classification of the major revenues for the fund. The new standard says that the foundation for a fund should be from a revenue source that is either restricted or committed. That restricted or committed revenue source should be expected to continue to represent a substantial portion of the inflows reported in that fund. Other restricted, committed or assigned revenue may be reported in that fund. At any point the government does not expect that a substantial portion of the inflows will be from restricted or committed resources, the government should stop using a separate fund and report the remaining resources in the general fund. This is the situation with the remaining funds from the sale of the liquor stores. The only ongoing revenue source for that fund is now interest earnings which are not restricted and cannot be committed. In order to avoid having this balance be lumped into the General Fund for financial reporting purposes, staff is suggesting that these funds be transferred to the Community Infrastructure Fund. This fund already had $1,000,000 transferred in last year, but the use of the fund is undefined. The liquor funds, with the exception of the $40,000 to be transferred to the General Fund as part of the 2011 budget, would remain there unspent until some further action is taken by the City Council. Options The options identified for the City Council are: • Leave the liquor enterprise balance where it is and have the balance reported with the General Fund on future annual financial reports, or • Transfer the funds to an alternate fund, or • Transfer the fund as recommended on the attached resolution. Staff Recommendation Staff recommends that the City Council adopt the resolution as presented. Attachment: Resolution CITY OF SHOREWOOD RESOLUTION NO. 10- A RESOLUTION AUTHORIZING LIQUOR FUND EQUITY TRANSFER WHEREAS, the City Council established the Liquor Enterprise Fund to account for Shorewood Liquor Store activities; and, WHEREAS, the stores have been sold all enterprise activities have been halted; and WHEREAS, the City Council desires to close these funds as of December 31, 2010; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the remaining balance in the Liquor Enterprise Fund be transferred into the Community Infrastructure Fund with the balance to remain unspent, except for a $40,000 transfer to the General Fund as authorized by the 2011 Budget, until a later determination of acceptable use by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2010. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator /Clerk COUNCIL ACTION FORM Department Council Meeting Item Number Finance December 13, 2010 10D From: Bruce DeJong, Finance Director Item Description: Delegation of Authority for Paying Certain Claims Background / Previous Action The City of Shorewood has payments due for the 2005A and 2006A General Obligation Water Revenue bonds on January 1, 2011 in the amount of $84,007.50 and $29,000.00 respectively. Staff would like authorization to process these payments for this year and all other bond payment by wire transfer rather than check. Mailing checks runs the risk of lost or delayed mail and requires action sometimes well in advance of the due date in order for the paying agent to have collected funds on hand to make the payment. Federal wire transfer of the funds is more reliable and better controlled by staff. Most municipalities use this method for their debt service payments. Minnesota Statutes Chapter 412.271 provides in part: Subd. 7.Definition. For purposes of this section, a "city administrative official" means a city manager, administrator, treasurer, senior fiscal officer, clerk, or clerk- treasurer. Subd. 8.Delegation of authority for paying certain claims. A city council, at its discretion, may delegate its authority to pay certain claims made against the city to a city administrative official. City councils opting to delegate their authority to review claims before payment pursuant to this subdivision shall have internal accounting and administrative control procedures to ensure the proper disbursement of public funds. The procedures shall include regular and frequent review of the city administrative officials' actions by the council. A list of all claims paid under the procedures established by the city council shall be presented to the council for informational purposes only at the next regularly scheduled meeting after payment of the claim. A city council that delegates its authority to pay certain claims made against the city must adopt a resolution authorizing a specified city administrative official to pay the claims that meet the standards and procedures established by the council. A city council of a city that does not prepare annual audited financial statements which have been attested to by an independent certified public accountant, public accountant, or the state auditor, may not delegate its authority for paying certain claims against the city pursuant to this subdivision. In addition, the City Council generally cancels the last meeting of the year for lack of business. The last meeting typically falls in the week between Christmas and New Year's holidays. This can cause a small problem for bills that are due in the interim. This year, if invoices are not received and processed by December 9, they won't be paid until at least January 11, 2011. That is pushing the limit of payment within 35 days of receipt as found in MN Statutes 471.425 In order to avoid violating that provision, staff is requesting that the City Council delegate authority to pay usual and customary claims during any month in which a regularly scheduled meeting is canceled. The statutes still require that all bills paid under the delegated authority be presented to the City Council for review at the next scheduled meeting. This recommendation is made to promote the efficient administration of city business. Options The options identified for the City Council are: • Authorize staff to write checks well in advance of the due date to meet the paying agent deadline of 12/24/2010, or • Delegate the authority to pay certain claims for the month of December, 2011 only, or • Delegate the authority to pay certain claims as recommended on that attached resolution. Staff Recommendation Staff recommends that the City Council adopt the resolution as presented. Attachment: Resolution Cy 6'_Zi3�.Y`�CIJ�ZiZiZI, RESOLUTION NO. 10- A RESOLUTION DELEGATING AUTHORITY FOR PAYING CERTAIN CLAIMS WHEREAS, the City Council authorizes all payments for goods and service according to state statute; and, WHEREAS, Minnesota Statutes Chapter 412.271 Subd. 8 allow the City Council to delegate its authority to pay certain claims to a city administrative official; and WHEREAS, the City Administrator and the Finance Director meet the statutory definition of a qualified city administrative official; and WHEREAS, Minnesota Statutes Chapter 471.425 Subd. 2 requires the City to pay vendors within 35 days of receipt of an invoice; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the authority to make bond payments by wire transfer and to pay usual and customary claims for any month when a regularly scheduled meeting is canceled is hereby granted to the City Administrator and the Finance Director. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2010. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator /Clerk COUNCIL ACTION FORM Department Council Meeting Item Number Administration December 13, 2010 10 - E From: Brian Heck, City Administrator .' Item — Administrator Review Description /Background /Previous Action The Council met in Executive Session on Monday, December 6 and 13 to discuss and evaluate the performance of the city administrator for 2010. The council also met with the administrator prior to tonight's meeting to discuss and establish expectations and priorities for 2011. As a part of the process, the Council is to determine, based on the outcome of the evaluation, if the administrators compensation and /or benefits, as outlined in the employment agreement, will be changed. If the Council chooses to change the compensation of the administrator and the change results in an increase in compensation, this amount is deducted from the available pool for all employees. Options 1. Amend the agreement to provide a change in compensation as determined by the Council 2. Amend the agreement to provide a change in benefits 3. Amend the agreement to provide a change in both benefits and compensation 4. Do nothing Council Action: COUNCIL I C°TION FO Department Council Meeting Item Number Administration December 3, 2010 10 - F From: Brian Heck, City Administrator � Item — MWCD Water Plan Amendment Proposal Description /Background /Previous Action Several weeks ago the City received information and notice for comment from the Minnehaha Creek Watershed District regarding their proposal to amend the water management plan to include a section on Aquatic Invasive Species. The amendment would give the MCWD authority to promulgate rules on docks, watercraft, etc, that use water bodies in the district. Further the amendment would provide for the creation of an AIS Task Force and other activities. Attached is the document 1 forwarded to Council upon receipt of the notice. The watershed is seeking comments on the proposed amendment. Staff discussed the proposed amendment and didn't see a real need to comment at this time even though there are a few questions regarding the proposal. The questions are: 1. What overlap or duplication, if any, will there be for another agency to get into the regulatory arena with regard to watercraft inspection, dock permitting, control of AIS, etc? 2. What overlap or duplication, if any, will there be for the creation of another AIS Task Force? 3. What additional requirements will residents and /or lake users have to meet in order to use the water bodies in the district. Staff is looking for direction from the Council regarding providing comments on the proposed amendment from the City of Shorewood. Does the Council support, not support, or is neutral, on the MCWD adding AIS and possible regulation /permitting to the Water Resources Management Plan? Council Action: QUALITY OF WATER MES= / QUALITY OF LIFE Date: November 23, 2010 To: Cities, Counties, Met Council, State Review Agencies From: Udai Singh, Minnehaha Creek Watershed District The Alianehohn creek Re: Minor Plan Amendment — 45 -Day Comment Period V atersbod Gis Wct is The Minnehaha Creek Watershed District is proposing a minor amendment to "' �,ned Yea its 2007 Comprehensive Watershed Resources Management Plan. The (eoderslnp rate in amendment establishes a District wide aquatic invasive species (AIS) control protarc6ng inprovinnrt and management program, which may include a regulatory permitting process as well as an inspection and decontamination program. and managing the sutace wotors and As you know, zebra mussels were discovered this summer in one of the most important water bodies in the District and state - Lake Minnetonka. The affitioted kroundvrater discovery reminds us of why we need to continue to focus on a comprehensive resources within the and watershed -wide approach to prevent the spread of invasive species and introduction of new invasive species and the irreversible damage they have on case ct, indudtoy their our lakes and streams, plants and fish and the recreational, property and relationships to the commercial value of our water resources. ecosystems cf nrhkh they The attached amendment reviews the threat AIS pose to the watershed and an ran integrnt pmf.. outlines the watershed management policies, goals and strategies in the see achejvc ow ml ion existing District Plan that support an AIS program. The amendment describes specifies of a potential regulatory program, including methods of certifying thmtr gh =egukltio r, watercraft and other equipment to be placed in watershed water bodies as AIS eopftrt projecc<, free. Note that any actual regulatory program would be developed with the engagement of stakeholders and the public through a rulemaking process educ ° - "" pe1 °t pursuant to Minnesota Statutes section 103D.341. The amendment also endeevors, and other includes an initial cost estimate of the program. iarugrnm based oa The District invites your comments on the plan amendment and the continued soared science, engagement of the many stakeholders involved in addressing the critical issue tnnovati�m thfnking, an of AIS prevention, control and management. Enclosed are the affected sections of the plan showing the proposed changes. The full plan is available on the in(crmod nwd engaged District's website: http:// www. minnehahaereek .org/Draft509PIan.php constrtuemcy, and the The District will be accepting comments on the amendments until January 7, cost effeclve use p€ 2011. Please direct any comments or questions to Dr. Udai Singh at: _nrrblic funds. Minnehaha Creek Watershed District 18202 Minnetonka Blvd, Deephaven, MN 55391 usingh@minnehabacreek.org Tel. 952-641-4507 6.1.2 Regulation for Ecological Integrity 6.1.2a Aquatic Invasive Species Program The District has shitted its water - quality improvement efforts to an ecosystem based approach to the management of water resources. Moving beyond the traditional assessment of water quality of streams and lakes in terms of excessive nutrients, such as phosphorus, and water transparency, the District now measures additional ecosystem elements and parameters that contribute to water quality and the overall health of water bodies, as well as their capacity to support designated uses. The District continues to work closely with public and private partners in this effort. In this evolution, the District and its partners have confronted the threat posed by aquatic invasive species (AIS) to water quality, ecological integrity, and suitability for designated uses. The District has also surveyed published research on the impacts of AIS on the ecological integrity of water resources. This analysis has been corroborated in the case of zebra mussel field surveys and inspections to assess the extent of the infestation by the District and its partners in the wake of their discovery, in July 2010, in Lake Minnetonka. Increased efforts by the Minnesota Department of Natural Resources (MNDNR) and local authorities to educate recreational users of water resources and inspect watercraft were not enough to prevent the recent introduction of zebra mussels to Lake Minnetonka and stronger efforts are clearly needed to prevent the introduction and spread of AIS. After numerous public meetings and substantial consultation with the MNDNR, local authorities and other stakeholders, the District determined that a watershed -based approach to stopping the spread of AIS is critical in order to protect the ecological integrity of the District's water resources and the function of water management infrastructure. A watershed -based approach is necessary to slow the rate at which AIS infiltrate waterbodies in which they are already established, prevent the spread of AIS to additional waterbodies, and guard against the introduction of new AIS threats. AIS have a significant capacity not only to change the aesthetics of aquatic ecosystems, but also to replace or damage plants and animals of horticultural, agricultural, ecological, cultural, and recreational value. AIS can cause or exacerbate disease, and can damage lake ecology, recreation, property values, commerce and industry.' The capacity of waterbodies to support designated uses can also be fundamentally undermined if AIS are not prevented, contained, controlled, managed or eliminated. In the case of Lake Minnetonka, AIS may also adversely affect the operation of the Grays Bay dam and the stormwater outfalls along Minnehaha Creek, and other infrastructure throughout the District. To implement this amendment to the District's 2007 Water Resources Management Plan, the District will consider conducting a rulemaking process and adopting a rule to require anyone wishing to place a watercraft, dock, boat ramp or other equipment in a watershed waterbody to obtain a District permit. To receive a permit, the applicant would have to Minnesota Waters, "Aquatic Invasive Species in Minnesota's Waters — An Aquademie," (April 2009), available at litto: / /www.minnesotawaters.org Minnehalra Creek Watershed District 63 -A Amendment Effective Date_ Comprehensive Water Resources Management Plan demonstrate that the watercraft or equipment he or she wishes to launch or place in a waterbody is free of aquatic invasive species (AIS). The District will also consider establishing an independent, District -led voluntary inspection and decontamination system. Whichever approach is adopted - regulatory or voluntary - education and outreach will be a critical complement to the District's hands -on engagement with users of watershed water resources. Legal Authority An aquatic invasive species program would contribute to the District's fulfillment of its statutory purposes. Given the threat invasive species pose to water resources, recreation and public health, the program would address water management purposes to "protect and enhance fish and wildlife habitat and water recreational facilities," "secure the other benefits associated with the proper management of surface and ground water," 2 and "minimize public capital expenditures needed to correct ... water quality problems. " By containing aquatic invasive species to the greatest extent possible and preventing their spread and the introduction of new species, the District and its partners would help watershed communities avoid the substantially higher cost of addressing the impacts of invasive species after they are established. In addition, Board of Water and Soil Resources rules require watershed districts, in their watershed plans, to develop goals and policies that "outline how water resource based recreational activities and wildlife interests will be protected or improved through the implementation of the plan."' That is, if a watershed lake has a fishery of particular importance, the plan must state what measure the watershed district will take (or require other local governments to take) to conserve it. The District's Water Resources Management Plan identifies several high quality fisheries, including Lake Minnetonka. The AIS program would contribute substantially to the protection of these resources. The District program also fulfills the general charge to "conserve the natural resources of the state ... by using sound scientific principles for ... the provident use of the natural resources, " and the specific purpose to "protect or enhance water quality" in terms of ecological integrity? The District is also specifically authorized to conduct studies and monitoring of water resources within the watershed, and to implement water resource management programs. Support in the District Plan The District's 2007 Water Resources Management Plan identifies the critical water resources issues in the watershed, setting goals for the District's efforts to address the issues and providing detail on the tools and resources the District will use. The Plan consistently underscores the importance of ecological integrity in watershed 2 Minn. Stat. § 103B.20](7),(8). 3 Id at (2). ° Id. 5 Plan, Sec. 2.3.2. 6 Minn. Star. § 103D.201, subdivision 1. ' Minn. Stat. 103D.201, subd. 2 (13). R Minn. Stat. § 103D.335, subd. 25. Minnehaha (leek Watershed District 63 -13 Amendment Effective Date: Comprehensive Water Resources Management Plan management. The Plan identifies invasive and exotic species as important threats to ecological integrity. The Plan includes several policies and goals that are served by an aquatic invasive species program, including: • Maintain, support and enhance the ecological integrity of upland and aquatic resources in the watershed and the ability of flora and fauna in the watershed to proliferate; • Increase the ecological integrity of the environmental resources within the watershed; • Conserve, maintain and improve the aesthetic, physical, chemical and biological properties of surface waters and groundwater within the watershed; • Protect the ecological integrity of surface waters and the riparian environment; • Achieve no net loss in the quantity, quality and biological diversity of existing wetlands in the watershed; • Cooperate with other agencies to minimize the spread of harmful exotic species.[ t A District AIS program is therefore strongly supported by the watershed management policies, goals and strategies detailed in the Plan. This amendment supplements the Plan by directly addressing the specific threat of zebra mussels and other AIS to the ecological integrity and water quality of the District's water resources and water management infrastructure, and clarifying the basis in the District's 2007 Water Resources Management Plan for a regulatory program to respond to that threat. The District will explore with watershed stakeholders whether local regulation of activities that have the potential to introduce and spread invasive species is necessary to prevent devastating impacts to the ecological integrity of watershed waterbodies. its local partners and stakeholders already have urged the District to regulate activities that introduce and spread invasive species. A regulatory or voluntary inspection program will be the key component of the District's AIS program as it pursues the goals of providing leadership and cooperating with partner agencies to control and manage the impact of AIS on Minnehaha Creek watershed streams, lakes and wetlands. Rule If it opts to develop a regulatory program, the District will initiate rulemaking under Minnesota Statutes section 103D.341 to adopt a rule pursuant to its authority under chapters 103B and 103D and consistent with the provisions of the state invasive species law (Minnesota Statutes chapter 84D). The District will convene a rulemaking task force that will provide for technical and stakeholder input during the development of the rule. The rule will provide for administration by the District of a permit requirement. The basic structure of the rule, described above, will be supplemented by criteria and required steps with which applicants must comply to receive a permit to place a watercraft or 9 See, e.g., sections 1.7.1, 4.8. ° Id Plan, sec. 5, goals 2, 2.1, 3, 6.3, 11.1, 14.3 See Laurie Blake, "A Cali for New Launch Rides at Lake Minnetonka — Shore Owners Push for More Protection Against Zebra Mussels and Other Invasive Species," StarTribune, March 21, 2009, Minnehalra Creek Watershed District 63-C Amendment Effective Date Comprehensive Water Resources Management Plan equipment into a watershed waterbody such as inspection certifying invasive -free status, decontamination procedures, and the application of tags or stickers to indicate authorization to use a particular waterbody or group of waterbodies. The rule will identify specific prohibited AIS (a subset of those listed by the MNDNR in Minnesota Rules chapter 6216). Stakeholder input on the draft rule during the statutory rulemaking process will supplement the input from state and regional review agencies on the program received in the course of amending the Plan, ensuring that all affected parties will have an opportunity to advise and guide the District's aquatic invasive species program and that the program will be effective when implemented. Fee Watershed law allows the District to impose fees for permits commensurate with the administration, inspection and related costs of permit processing and enforcement. The permit fee for the District's aquatic invasive species program would be structured in keeping with this authority. Inspection, Decontamination and Permitting Protocol Successful application of the District's permitting program to activities such as boating or installation of a dock would require approval of the permit by the District's Board of Managers or Board delegation of authority to issue such permits to inspection staff. To accomplish this step and begin implementation of either a regulatory or voluntary program, District staff will establish specific inspection protocols, instructions and forms that inspectors will be required to follow. The protocols will address aquatic invasive species of concern to the District because they are already present (i.e., Eurasian Water Milfoil, curly -leaf pondweed, flowering rush and zebra mussels) or are a potential threat in the future (i.e., hydrilla, spiny waternea, and viral hemorrhagic septicemia). The program will seek to minimize or eliminate as many of the identified invasive threats as feasible; for example, hot -water decontamination may kill the larvae of zebra mussels, but not spiny waterflea or viral hemorrhagic septicemia. To implement the program, the District may establish decontamination stations at public boat launches, private marinas and major access roads to lakes in the watershed. The District's established relationships with other local governmental units, marina owners and related commercial services will be invaluable in developing agreements allowing such entities to play a role in the implementation of the proposed program. Agreements will provide, at minimum, for access by District employees and contractors and equipment to conduct inspections, provide AIS information and issue permits. Whenever possible, agreements will provide for the contribution of inspection and decontamination resources by employees of partner organizations, allowing the District to more cost - effectively deploy its resources. Minn. Stat. § 103D.341. Minnehaha Cre& W otershed Disirict 63-D Amendment Effective Date: Comprehensive Water Resources Management Plan Another critical component of the District's invasive species program will be a system by which watercraft and equipment are authorized to enter a waterbody including a particular lake or group of lakes. The program will use colored tamper -proof tags or stickers (blue) affixed to watercraft and trailers. A blue sticker will indicate that a watercraft or piece of equipment has been inspected and found to be free of AIS, or decontaminated and allowed to dry for a sufficient period. An intact blue sticker or tag will indicate that the watercraft or equipment may be launched or placed in any non - infested waterbody in the watershed without inspection. Upon launching or placement in the water, the tag or sticker will be automatically broken or separated (leaving a portion in place to indicate that the boat or equipment is permitted to use the waterbody). Boats exiting non - infested waterbodies will again be blue - tagged or - stickered, while boats leaving infested waterbodies will be red - tagged or - stickered, indicating that they must be decontaminated and dried before launching in a blue -tag waterbody. The District will work closely with the MNDNR, watershed municipalities and counties, parks organizations, nonprofits and citizens groups, the Lake Minnetonka Conservation District, marina owners and other stakeholders to develop and implement these aspects of the program. Penalties The District may enforce violations of permit requirements via the standard District enforcement options, including the civil or criminal sanctions available under chapter 103D. The District will direct staff to contact MNDNR conservation officers or other peace officers trained to enforce the invasive species law in the event that a transient violation is encountered in the field. The conservation officer or peace officer can then impose penalties as provided in state law. To bolster its enforcement capacity, the District anticipates continuing its established invasive species training for peace officers, which the MNDNR has authorized as providing the necessary information for municipal, county and parks peace officers to enforce the state invasive species law. To further supplement its enforcement capacity, the District also will explore a delegation of authority to enforce the invasive species law from the MNDNR. Under the state invasive species law, the agency may "empower [another entity] to act, temporarily or otherwise ... with powers and duties as may be specified..." in the event of an "invasive species emergency." 14 Education and Outreach The District's invasive species education and outreach efforts — such as the peace officer training noted above — will serve as a critical complement to the aquatic invasive species inspection and permitting program. The District will develop and provide signs and maps of permitting /inspection locations and decontamination stations, and continue to work Minn. Stat. § 84D.02, subd. 7. Minnehaha Creek Watershed District 63 -E Amendment Effective Date: Comprehensive Water Resources Management Plan with other agencies and nonprofits to develop and distribute educational materials and will maintain AIS information on its website. District education and outreach personnel will also coordinate and conduct training of staff and contracted inspectors on the District's inspection, decontamination and permitting protocols, as well as safety issues. Administration and Budgeting The aquatic invasive species program would be integrated into the District's organizational structure, with support from all relevant District programs. The District will organize and lead an AIS task force with a watershed -wide focus to provide overall guidance to the program and outreach to leadership at partner organizations, while the District administrator will oversee the administration of the program. The initial development and implementation of the District's invasive species control and management program will cost $180,000 per year. Program startup costs will be collected from an ad valorem tax levy on property in the watershed per Minnesota Statutes section 10313.241. The District will seek grant funding, as well as contributions from other governmental organizations with an interest in managing and stopping the propagation of aquatic invasive species, to offset this levy as much as possible. Although the program would initially be funded by watershed district taxpayers, and if the regulatory program is established, permit fees will be collected that will offset costs to the greatest extent possible. The costs of the program will be shifted, in part, to the recreational and commercial users of the waterbodies in the Minnehaha Creek watershed whose activities present the greatest threat and potential to exacerbate the impacts caused by invasive species. The District will explore partnerships with marina owners and operators of related commercial services to assist in implementation of the program. Minnehaha Creek Watershed District 63 -F Amendment icfiecfive Date. Comprehensive Water Resources Management Plan MEMORANDUM Date: November 18, 2010 To: Mayor Lizee Council Members From: Bruce DeJong, Finance Director Re: October, 2010 Monthly Budget Report #11.A.1 The 2010 General Fund budget seems to be performing very well through the first ten months of operations. I made two changes to the format for this month: • Added the prior month column for the current year to aid in comparisons • Limited the expected budget expenditure to 100% even though we may have overspent the line item in previous years. Revenues are corning in decently with 71 % of budgeted non -tax revenues collected. Fines & forfeits always lag because of the time necessary to process fines and receive them from the court system. This is one of the reasons that we prepare our annual financial report on a modified cash basis. That process requires that we keep the books open through February to determine what resources are available and measurable within 60 days of the year end. Most expenditure budgets are below the roughly 83% of total expenditures that you would expect to see from a strictly monthly allocation. That works well for most departments, but not all. Overall 65% of expenditures have been made, but this is low because the planned transfers typically don't take place until December. If those were included at 83 %, we would be at 76% of expenditures. Either way the expenditures are below budget projections and look like they will continue that way through the end of the year. The Elections department will exceed budget for personnel services. With 88% spent through October and significant expenses still to be recorded for November, this budget will end up at least $3,000 - $4,000 over the amount allocated. The salary portion should be offset by reductions in other departments in which election staff are coded. I think this points out that staff really needs to review the process used to make budget allocations of time and compare that to actual payroll experience the way Mr. Heck did for the Public Works staff between the General fund and the Utility funds. Planning has exceeded budget in the area of Training with about $3,100 spent while only $1,900 was budgeted. This is primarily driven by the $2,331 spent for Land Use Planning training from Government Training Services for the Planning Commission. All other departments look to be on track for the rest of the year. Please contact me or Mr. Heck if you have any questions. Monthly Budget Report October 31, 2010 EXPENDITURES YTD YTD YTD 2010 %of 2010 Expected Variance Department Personnel 118,252 103,853 115,029 2009 Sept Oct Adopted Annual 1 of 2010 (Negative) % of Budget Expended Year to Date Overview Actual 2010 2010 Budget Budget Budget or Positive 2007 2008 2009 REVENUE Materials and Supplies 3,064 616 616 1,200 51.3% 100.0% 122.26 143,07 218.85 Support and Services 35,578 Property Taxes 2,360,483 2,463,855 2,463,855 4,776,292 51.6% 49.1% 52,637 48.8 49.11 49.42 Licenses and Permits 11509 107,598 118,930 106,270 111.9% 70.8% 89.03 70.18 53.28 Intergovernmental 63,847 67,023 67,023 65,000 103.1% 79.9% 48.39 93.07 98.23 Charges for Service 36,417 41,289 41,739 46,000 90.7% 101.8% 14994 83.52 71.84 Fines and Forfeitures 46,158 32,274 32,274 55000 58.7% 67.7% 77.91 49.06 71 Miscellaneous 82,576 52,008 53,812 128,000 42.0% 75.1% 109.11 66.86 49.24 Transfers from other funds 38,824 0.0% 0.0% 0 0 0 TOTAL 2,705,170 2,764,046 2,777,632 5,215,366 53.3% $124,67073 EXPENDITURES 156,878 126,949 138,556 193,605 71.6% 801% 78.7 Department Personnel 118,252 103,853 115,029 147,712 77.9% 90.0% 81.1 Council 70.65 Materials and Supplies 40 - - - 0.0% 13.4% Personnel 13,995 12,595 13,995 16,794 83.3% 82.3% 83.3 80.13 8133 Materials and Supplies 3,064 616 616 1,200 51.3% 100.0% 122.26 143,07 218.85 Support and Services 35,578 35,943 35,964 46,200 77.9% 68.8% 62.84 75 68.42 Total 52,637 49,154 50,595 64,194 78.8% _ ($3,817.34).: 80.2% Administration 156,878 126,949 138,556 193,605 71.6% 801% 78.7 83.11 Personnel 118,252 103,853 115,029 147,712 77.9% 90.0% 81.1 118.7 70.65 Materials and Supplies 40 - - - 0.0% 13.4% 0 20.36 19.9 Support and Services 3,368 2,569 2,983 4,150 71.9% 36A% 33.9 177 56.6 Capital Outlay 1,631 1,631 2,500 652% 0.0% 0 0 0 Total 121,660 119,643 154,362 77.5% $14,720.51 222,481 189,674 General Government 156,878 126,949 138,556 193,605 71.6% 801% 78.7 83.11 78.6 Personnel 176,852 142,644 154,423 181,639 85.0% 87.8% 94.4 81.57 67.49 Materials and Supplies 15,088 10,919 12,902 19,975 64.6% 64.8% 46.8 75.68 71.85 Support and Services 24,001 18,615 21,136 32,305 65.4% 61.5% 57.1 62.38 65.01 Capital Outlay 6,540 1,213 1,213 2,500 48.5 %% 29.1% 0 0 87.21 Total 222,481 189,674 236,419 80.2% $3,373.76 Elections 156,878 126,949 138,556 193,605 71.6% 801% 78.7 83.11 78.6 Personnel 748 23,184 27,001 30,689 88.0% 38.2% 3.68 95.63 15.33 Materials and Supplies 1,244 2,886 2,980 4,950 60.2% 92.4% 92,52 130.54 54.08 Support and Services 25 693 938 2,700 34.7% 54.3% 20,37 60.04 82.5 Capital Outlay 1,678 143,977 600 0.0% 0.0% 0 0 0 Total 2,017 30,919 38,939 794% ($1315271)? Finance 156,878 126,949 138,556 193,605 71.6% 801% 78.7 83.11 78.6 Personnel 135,429 104,787 115,720 178,584 64.8% 70.6% 60 75,51 76.24 Materials and Supplies 6,854 7,384 7,467 7,700 9T0% 71.5% 66.8 64,11 83.58 Support and Services 2,939 2,565 2,747 7,500 36.6% 25.2% 17,7 23.21 34.58 Capital Outlay 1,678 143,977 198,960 72.4% 100.0% 1564 0 37.3 Total 146,900 125,934 193,784 65.0% $7,509.03 Professional Services 201,910 163,415 199,000 82.1% 90.0% $15,671.73 83.9 87.83 98.25 Planning and Zoning Personnel 156,878 126,949 138,556 193,605 71.6% 801% 78.7 83.11 78.6 Materials and Supplies 1,580 149 149 655 22.7% 100.0% 49.3 276.21 90.03 Support and Services 4,011 5,204 5,272 4,700 112.2% 44.1% 44.8 53.92 33.56 Capital Outlay 465 15,713 15,713 186,000 8.4% 31.6% 0 94.69 0 Total 162,934 143,977 198,960 72.4% $13,898.98 0 0 Municipal Building -City Hall Materials and Supplies 21,626 40,920 43,926 54,800 80.2% 72.3% 1021 31.92 82.23 Support and Services 28,626 13,630 15,600 133,000 11.7% 15.4% 11.5 14.23 20.52 Capital Outlay 232,940 15,713 15,713 186,000 8.4% 39.6% 118.9 0 0 Total 50,252 75,239 373,800 20.1% $58,594.43 0 0 Police Materials and Supplies - 20 20 - 00% 0 0 0 Support Services 786,629 711,716 790,805 950,000 83.2% 89.8% 91.7 94.35 83.42 Capital (Public Safety Bldg) 232,940 171,051 228,068 230,000 99.2% 100.0% 100 100 99.97 Total 1,019,569 1,018,893 1,180,000 86.3% $64,405.67 Fire Support Services 323,180 241,901 316,430 315,858 100.2% 100.0% 102.5 102.42 102.23 Capital (Public Safety Bldg) 277,270 204,472 272,629 279,624 97.5% 97.6% 971 97.57 97.46 Total 600,450 589,059 595,482 98.9% ($35322)!'. Inspections Personnel 95,597 83,185 91,256 117,943 77.4% 86.0% 881 91.77 78.05 Materials and Supplies - 28 28 400 7.0% 15.8% 46.2 1.28 0 Support and Services 2,141 2,739 2,739 6,800 40 3% 43.5% Total 97,738 72,189 94,023 125,143 75.1% 83.9% $10,399.88 City Engineer 48,981 59,130 70,277 85,000 82.7% 93.4 %% Personnel 101,607 67,376 74,264 94875 78.3% 768% Materials and Supplies 491 44 44 425 10.3% 54.3% ($4,992.95) Support and Services 6,651 6,419 6,782 15,146 44.8% 35.9% $10,869.06 Capital Outlay 1,828 388 388 1,000 388% 567% Total 110,577 26,827 81,478 111,446 73.1% '. ($234260): Public Works Service 24,326 12,594 12,594 45,117 27,9% 445% Personnel 250,804 197,286 215,329 295,372 72.9% 87.0% $1,93140 Materials and Supplies 46,425 41,727 46,847 71,123 65.9% 72.7% Support and Services 33,022 31,829 34,082 42,690 79.8% 74.5% Capital Outla 3,230 145 146 103,800 00% 01% Total 330251 26,659 296,258 512,985 57:8% 67.5% $44,404.95 Streets and Roads Personnel 63,482 72,189 79,711 95,607 83.4% 83.9% Materials and Supplies 48,981 59,130 70,277 85,000 82.7% 93.4 %% Support and Services 18,606 774 9,774 23,500 41.6% 46.6% Capital Outlay 2,015 7,901 700,000 0.0% 0.0% ($4,992.95) Total 131,069 159,762 904,107 17.7% $10,869.06 Snow and Ice 6,557 14,870 15,163 17,279 87.8% 73.0% Personnel 15,833 26,827 26,827 40,857 65.7% 52.1% Materials and Supplies 24,326 12,594 12,594 45,117 27,9% 445% Total 40,159 39,421 85,974 45,9% $1,93140 Traffic control / Street Lights Personnel - - - - 81.0% OA% Materials and Supplies 3,230 145 146 6,000 2.4% 100.0% Support and Services 28,533 26,659 29,930 45,049 664% 67.5% Total 31.763 30.076 51,049 58,9% 0.0% $6,350.09 Sanitation / Waste Control Personnel 1,994 4,691 4,691 - 100.0% Materials and Supplies 21 - - 500 m% 3.6% Support and Services 3,210 3,210 4,400 73,0% 65,7% Total 2,015 7,901 4,900 161.2% ($4,992.95) Tree Maintenance Personnel 6,557 14,870 15,163 17,279 87.8% 73.0% Materials and Supplies 362 41 41 2700 1.5% 11,0% Support and Services 6,939 6,792 7,717 13,500 572% 537% Total 13,858 22,921 33,479 68.5% ($275268) Parks and Recreation Personnel 126,713 116,560 129,980 160,481 81.0% 83,9% Materials and Supplies 9,378 13,062 14,229 16,300 87.3% 81.3% Support and Services 94,050 70,890 80,769 92,600 87.2% 100.0% Transfers 5,003 42,000 0.0% 0.0% Total 235,144 224,978 311,381 72.3% $15,579.94 Unallocated - 14,538 30,211 - 0.0% Total Expenditures 3,573,384 3,037,312 3,494,377 5,375,404 65.0% $240,295 Revenues less Expenditures (868,214) (273,265) (716,745) (160,018) Transfers Out - - - 1,030 000 Net Revenue less Expenditures (868,214) (273,265) (716,745) (1,190,018) 61.1 49.48 20.01 67.5 86.31 76.63 63.5 44.71 54.57 31.8 40.31 35.66 70.2 85.36 20.52 92 82.8 86.24 66.5 94.22 57.46 76.9 74.74 71.88 0.34 0 0 77 10T23 67.61 92.4 120.81 67.1 16.7 43.93 79.17 0 0 0 60.74 57.11 38.46 57.38 22.4 53.65 0 0 0 716.25 191.53 80.74 57.2 79.98 65.44 330.88 312.84 309.14 0 6.44 4.26 32.57 164.49 0 75.84 104.57 38.64 15.62 3.54 13.92 54.9 43.11 63.08 73.3 86.52 92.01 54.1 113.43 76.24 58.6 89.53 180.17 0 0 0 0 0 0