02-14-11 CC Reg AgP C. B. A.
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, FEBRUARY 14, 2011 7:00 P.M.
AGENDA
Attachments
1. CONVENE CITY COUNCIL MEETING
A. Roll Call Mayor Lizée ___
Hotvet ___
Siakel ___
Woodruff ___
Zerby ___
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, January 24, 2011 Minutes
B. City Council Regular Meeting Minutes, January 24, 2011 Minutes
C. Cities of Excelsior, Shorewood, Tonka Bay WS Minutes, January 31, 2011 Minutes
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 Claims List
B. Conditional Use Permit Planning Director’s
Applicant: Shorewood Yacht Club CAF, Resolution
Location: 600 West Lake Street
C. Staff/Council Retreat Administrator’s CAF
D. Lease Purchase Agreement with EFD for Self Contained Breathing Administrator’s CAF
Apparatus (SCBA)
4. MATTERS FROM THE FLOOR
(No Council action will be taken)
5. PUBLIC HEARING
6. REPORTS AND PRESENTATIONS
7. PARKS - Report by Representative
CITY COUNCIL REGULAR MEETING AGENDA – FEBRUARY 14, 2011
Page 2 of 2
Attachments
8. PLANNING
A. Zoning Violation Appeal Planning Director’s
Applicant: Bill Mason CAF
Location: 27680 Island View Road
9. ENGINEERING/PUBLIC WORKS
A. Murray Hill Rd Drainage Improvement Project Engineer’s CAF
10. GENERAL/NEW BUSINESS
A. Planning Commission Appointments Administrator’s CAF,
Resolution
11. OLD BUSINESS
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Step To It Program Staff Memorandum
B. Mayor and City Council
13. ADJOURN
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, 14 February, 2011
7:00 p.m.
A 5:45 P.M. Council Special Meeting is scheduled this evening for Planning Comm. Interviews.
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: The Council directed staff to prepare a resolution approving a conditional
use permit that will allow the Shorewood Yacht Club to rent 52 slips for power boats,
plus the five previously approved. A resolution is attached for your consideration.
Agenda Item #3C: Accept proposal from Ms. Sharon Klumpp, Senior Vice President of
Management and Consulting for Springsted, to facilitate council and staff in a strategic
planning and priority meeting, and to set the dates for the meeting on Wednesday, Feb.
23 and Thursday, Feb. 24, from 8:30am - 12:30pm at the Southshore Center.
Agenda Item #3D: Approval of the lease purchase agreement with the Excelsior Fire District
for Self Contained Breathing Apparatus (SCBA).
Agenda Item #7: A Park Commission representative will be present to report on recent Park
Commission activities.
Agenda Item #8A: 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.
Agenda Item #9A: Murray Hill Rd. Storm Sewer improvement project. Consider directing
staff to proceed with the 2011 CIP drainage improvement project. In honor of Feb. 14,
“To be or not to be” a project?
Agenda Item #10A: Earlier this evening, Council interviewed five candidates for consideration
of appointment to fill two seats on the Planning Commission for the term March 1, 2011-
February 28, 2014. Council may determine, by resolution, which of the two candidates
are appointed.
Agenda Item #11A1. This is an information item about the ”Step To It Challenge” program.
#2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, JANUARY 24, 2011 6:15 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Lizée called the meeting to order at 6:15 P.M. She then introduced Attorney Keane.
A. Roll Call
Present. Mayor Lizée; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane;
Administrator Heck; Planning Director Nielsen (arrived at 6:27 P.M.); Director of Public
Works Brown; and Engineer Landini
Absent: None
B. Review Agenda
Zerby moved, Hotvet seconded, approving the agenda as presented. Motion passed 5/0.
2. MEASURABLE MANAGEMENT
Mayor Lizée stated Molly McDonald is present this evening to provide Council with an overview of a
program titled Measurable Management.
Ms. McDonald noted she provided Council with an overview of the Measurable Management program
during a September 2010 Council work session. She explained that Mayor Lizée and Administrator Heck
thought it would be valuable to come back and present the information again because Councilmembers
Hotvet and Siakel are new to the Council.
Ms. McDonald explained Measurable Management is organizational improvement through change
leadership. Robin Burn, from Great Britain, authored the program about 15 years ago. It’s practiced on a
number of continents and it has been used in the United States for about the last six years. Prior to creating
the Measurable Management program Mr. Burn worked for Xerox during the time when Xerox won the
Malcom Baldrige Award on two continents for business excellence.
Ms. McDonald stated she works for a company called Fritz Partners located in Milwaukee, Wisconsin, and
has been with them for about two years. She has been responsible for introducing this program into the
States of Minnesota, Iowa, and Wisconsin along with her colleagues. She noted she has 20 plus years of
sales experience. She is also a successful professional singer and works with a number of arts organizations
in the Twin Cities. Fritz Partners is a licensee of Measurable Management. Wendy Fritz Mader who is the
top executive coach in the Great Lakes region, owns the company. Rebecca Heiderpriem is a co-facilitator
with her. Ms. Heiderpriem created the Leadership Academy, a management development institute, while
managing Xerox’s International Training Division.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 24, 2011
Page 2 of 3
Ms. McDonald explained Measurable Management provides a vehicle for translating the strategies
identified by the City Council for the City through the City staff and out to the City’s customers. Front line
staff identifies areas for improvement, they identify how to make the improvements, and they implement the
changes. Fritz Partners’ philosophy is the best consultants an organization has are the individuals who
work in the organization. They know where most of the problems are and most often know how the
operation could improve if provided the opportunity. If front line staff does not know how to execute the
strategies for the City, they’re not achieved. There are many companies who are skilled at helping
organizations develop and enhance policies and strategies. What differentiates the Measurable Management
program is it heavily involves the front line staff. It provides them with the leadership qualities needed to
get the people working together as well as the technical knowledge needed to execute the strategies.
Ms. McDonald highlighted four key issues Administrator Heck had preliminarily identified for the City last
fall. They are: 1) improve and further develop relationships between cities to share resources; 2) increase
the efficiency of processes and procedures; 3) stabilize/decrease City expenditures; and 4) develop a plan to
finance the City’s roadway improvement program. The 3 – 4 key issues identified and agreed upon by
Council and Staff will become the success criteria for the program. Everything the participants work on in
the program should help address one of the issues.
Ms. McDonald then explained the program works on three platforms: 1) leadership and team building; 2)
process management; and, 3) action. The Measurable Management program teaches participants to
enhance both their soft skills and their technical skills. The participants attend seven meetings. The
meetings are scheduled every other week and the meetings are three hours long. The first meeting is the
introductory meeting. It’s extremely important for Council to attend the first part of this meeting to show
support for the program and to let staff know that Council is empowering staff to make improvements.
The first three sessions in the program focus on “pull style” leadership. Instead of a “my way or the
highway approach to leadership” it teaches leaders to work together in a more inclusive way. It promotes
involving various people when solving problems. The skills learned in the first three weeks are used in the
second platform. During the first two platforms, program participants focus on identifying improvement
opportunities in the areas of resources, relationships, and processes. They are encouraged to look for areas
of disconnect in not only their job but also the organization as a whole. By the end of the second platform,
participants should have developed a lengthy list of ideas to explore.
The first two platforms will take about three months. At the conclusion, participants will meet with the
mentor of the Measurable Management program. They will each choose three ideas to implement.
During the third platform, each participant will select an idea and implement the idea. At the end, the
participants will review with Council the idea/problem they selected to work on, the effect it was having on
the organization, what changes were made to improve the situation, how they measured results of the
change, the return on the investment, and how the improvement is linked to one of the key issues identified.
Each participant will repeat this for two more improvement ideas. The goal is for participants to view the
exercise as one that can be used for continuous improvement.
Ms. McDonald cited one improvement made at the City of Waconia. The improvement involved using
Carver County sentence-to-serve people to clean Waconia’s public service facility. The improvements
saved Waconia $6,719 annually. She cited a second improvement, which involved changing the cleaning
detergent for a pool which saved about $3,000 annually.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 24, 2011
Page 3 of 3
Mr. McDonald highlighted a mock schedule she prepared based on a list of participants Administrator
Heck identified. She noted that Council and Administrator Heck have to agree that the ideas for
improvements and resulting savings are achievable.
Ms. McDonald reviewed the financial costs for the program. A $3,500 fee is charged for each of the ten
participants a minimum of ten people is required. If the Measurable Management program doesn’t facilitate
$35,000 in revenues or savings for the City, Fritz Partners will return the difference between the program
cost and the benefits realized. She noted that the average savings per program generated in the United
States is about $44,000. She clarified the results are extended out over a year.
Ms. McDonald recapped that the Measurable Management program equips staff to execute the City’s
strategies and to deliver results to the bottom line. It helps people overcome resistance to change. It helps
develop teamwork and leadership. And, Fritz Partners guarantees the City’s return-on-investment.
Mr. McDonald reviewed the next steps. Council needs to decide if it wants to move forward with the
program. Program participants need to be selected. The schedule needs to be finalized. The list of key
issues needs to be finalized.
Ms. McDonald stated the City has very forward thinking people at the top of the leadership group.
In response to a comment from Councilmember Siakel, Ms. McDonald explained Fritz Partners can also
provide services to assist with strategic planning.
Ms. McDonald stated there was an article in the Wall Street Journal about the program.
Mayor Lizée asked Administrator Heck to distribute copies of the case studies Ms. McDonald provided.
Mayor Lizée also requested this be discussed during a future Council meeting.
3. ADJOURN
Hotvet moved, Siakel seconded, Adjourning the City Council Work Session of January 24, 2011, at
6:53 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Christine Lizée, Mayor
ATTEST:
Brian Heck, City Administrator/Clerk
#2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JANUARY 24, 2011 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizée called the meeting to order at 7:02 P.M. She noted Attorney Keane is present.
A. Roll Call
Present. Mayor Lizée; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane;
City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director
of Public Works Brown; and Engineer Landini
Absent: None.
B. Review Agenda
Mayor Lizée requested Item 8.A Bill Mason Zoning Violation Appeal be continued to the February 14,
2011, City Council meeting agenda as a courtesy to Mr. Mason because he did not receive information
about this meeting. She also requested Item 11.B Lake Minnetonka Conservation District Board
Appointment be added to the agenda.
Zerby moved, Siakel seconded, approving the agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, January 10, 2011
Zerby moved, Hotvet seconded, Approving the City Council Work Session Minutes of January 10,
2011, as presented. Motion passed 5/0.
B. City Council Regular Meeting Minutes, January 10, 2011
Siakel moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of January
10, 2011, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Lizée reviewed the items on the Consent Agenda.
Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda.
A. Approval of the Verified Claims List
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 2 of 18
Councilmember Woodruff stated he and Mr. Farnes have been discussing a donation of a bus Mr. Farnes
would like to make to the Southshore Community Center (SSCC) and that Mr. Farnes wants to talk about
that this evening.
Steve Farnes, 5445 Timber Lane, stated he acquired a bus equipped with a lift that he thought he would
need for a family member. The 21-passenger bus is a 2005 with 160,000 miles on it and it burns diesel
fuel. The bus is like new on the inside. He then stated he thought the SSCC might be able to make use of
the bus. It’s his understanding that Administrator Heck has spoken with a member of the Southshore
Senior Partners (SSSP) and there appears to be some interest. He explained that he would be willing to
lease the bus out almost gratis for six months because he thought that length of time would be needed to
fit it into whatever framework the SSCC operates under.
Mayor Lizée stated there is a definite need for group transportation. She noted the Dial-A-Ride service is
no longer available. She then stated if Mr. Farnes, the City and the SSSP can work out an agreeable
arrangement she thought it would be a wonderful donation for Council to consider.
Mr. Farnes suggested that for six months of use he receive a new set of tires for the bus. He noted he
assumed the bus would not be abused during the six-month period. He stated he thought the community’s
senior citizens need something like this. He expressed it would be a real asset. He stated he thought the
City could use it if need be, and that maybe it could be rented out. He then stated he thought it would be a
win-win for everyone.
Mayor Lizée thanked Mr. Farnes for coming forward with this very generous offer.
Councilmember Woodruff stated Mr. Farnes provided him with information about the types of parameters
Mr. Farnes would like to have and he forwarded that information on to Administrator Heck.
Mayor Lizée stated the SSSP meets again in February 2011. She suggested a proposed arrangement be
drafted prior to that meeting so the SSSP can discuss it. She recommended Attorney Keane be involved.
5. REPORTS AND PRESENTATIONS
A. State Senator Gen Olson, District 33
This item was discussed after Item 5.B on the agenda.
Mayor Lizée introduced State Senator Gen Olson, District 33. She asked her to update Council on what is
going on at the State Senate and what’s on the agenda.
Senator Olson stated she is the senior member of both the Senate and House caucuses. She commented
that she was extremely surprised that republicans are in the majority in both the Senate and House for the
first time in a very long time. She noted she will not run for reelection after this term.
Senator Olson noted she is the Chair of the Senate Education Committee and that her original career was
in education. She explained the Senate passed a bill today on alternative teacher licensing with strong
bipartisan support. She noted it’s the third year the Senate has passed this bill but the House has never
passed it. The hope is the House will pass it this year.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 3 of 18
Senator Olson stated there is a cultural shift in the Senate because everyone relocated their offices for this
session. The Senate majority has offices in the State Capital and the Senate minority in the State Office
Building. In the State Office Building communications were easier because of the proximity of the
offices. In the Capital the offices are spread out over four floors and that presents some communication
challenges with colleagues.
Senator Olson explained she is on fewer committees this legislative session in part because of her work
load but also because the number of committees has been reduced. For example, the Policy Committee
and Budget Committee have been consolidated into one. Education accounts for about 40 percent of the
State budget and this will consume a great deal of her time. She is serving on the Finance Committee
which is chaired by Senator Robling. It will deal with all the finance work of the various committees
before it goes to the floor to be reconciled with the budget. She is also serving on the State Government
Innovation and Veterans Committee. That Committee will focus on innovation, restructuring and
streamlining the State’s role in delivery of services. She noted a big part of the budget is money that
passes through and is distributed to other agencies such as the counties, school districts as well as for
health services and education so forth.
Senator Olson stated she attended two terrific presentations earlier in the day. One was by the County
Administrator for Beltrami County. That Administrator stated the government is structured by programs,
services, counts and budgets and not outcomes and results. The Administrator used the illustration that for
money spent for drug treatment agencies are held accountable for how the money was spent, how many
people were served, and if the rules were followed. There is no emphasis on if the treatments worked.
There needs to be a focus in the future on spending money on things that work.
Senator Olson then stated that recently United States Secretary of Education Arne Duncan was in the
State and he espoused many of the education reforms the Education Committee has been working on for
some time. She noted that next to Washington DC the State has the largest education achievement gap in
the Country. Yet, the State has an excellent education system and wonderful teachers. Somehow the
education system is missing the boat with the young students. It’s fallen prey to setting low expectations
for students who happen to be classified to a category which indicates they can’t learn. There is evidence
that those students can learn. During her work on reading proficiency with a goal of having students read
proficiently by third grade parents identified that teachers are not being equipped with the variety of
methods and tools needed to help struggling students learn to read. Those students may need to learn
differently. She noted the State is spending $14 billion dollars on education and suggested there may be
better ways to use the money on education.
Senator Olson explained she is the chief author in the Senate on the bill regarding the issue of
construction variances uses. The League of Minnesota Cities (LMC) established a Task Force which has
been working with a lot of special interest groups (e.g., builders, architects) on this issue. She noted she
has been hearing construction jobs are being held up until this issue is resolved. The bill drafted by the
House included a number of items that were not in the original agreement and they caused some fuss. The
items will have to be either revised or removed from the House bill. The goal is to get this billed passed
soon; before the upcoming building season.
Senator Olson stated from her perspective levy limits tend to drive up spending; she does not support the
limits. She then stated she believes everyone understands that we will not pull out of the current economic
times quickly. She went on to state that it’s important for all levels of government to identify and
implement more efficient and effective ways of providing the services residents need and want. It
includes identifying what services and amenities can be eliminated, and identifying and implementing
ways to get the greatest return on government money spent.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 4 of 18
Senator Olson stated the bill last spring to abolish the Lake Minnetonka Conservation District (LMCD)
did not advance, in part because it was presented so late in the session. She noted it’s somewhat likely to
be raised during the 2011 session. She explained she has not had the time to synthesize all the input she
received from the cities in her District.
Senator Olson explained there are 15 senate districts that are almost entirely within Hennepin County
serving 44 municipalities. Eighteen of them are entirely within District 33 and another two are partially
within District 33. She indicated there is a definite need to discuss how to share common services in this
District. She explained the challenge will be to determine ways for municipalities to maintain their
identities and continue to chart their own destinies while at the same time delivering services in cost
effective and efficient ways. Another challenge in this District is the 16,000 acres of water with
undulating shoreline. She stated the City has the opportunity to be the poster child when it comes to
sharing services. She asked Council to consider that during the next budget cycle.
Senator Olson explained that an owner of a business located in the City of Mound shared his business’s
property tax information with her. The tax amount was more than $10,000 for a small area and somewhat
limited building in terms of use. Of the three local government units on the bill the County’s tax was
highest, followed by the City of Mound’s and the Westonka School District’s being the lowest. The tax
bill also included a state-wide business property tax in excess of $3,000 as well as a fiscal disparities
charge in excess of $2,000. Senator Ortman’s bill proposes eliminating the automatic inflator to the
business tax. The bill also included taxes for things such as the watershed districts. There needs to be
redistribution in the fiscal disparities. The state-wide property tax is almost undoing some of the relief
intended for commercial property taxes. Changes need to be made to that tax system so as not to over
burden those we rely on to create jobs.
Senator Olson wished Council well, especially new Councilmembers Hotvet and Siakel who chose to run
for office knowing of these difficult times.
Mayor Lizée thanked Senator Olson and Representative Doepke for coming this evening. She stated there
is a lot of energy at the State Capital and at this Council. She noted that further on in the agenda Council
will be discussing community visioning; it’s very important to this Council. She has called for a three-city
work session on January 31, 2011, with the Cities of Excelsior, Shorewood and Tonka Bay to pick up
with the community visioning initiative done in 2002. Part of the brainstorming session will be about the
possibility of sharing services.
State Representative Doepke stated she is always impressed with the cities in this District. She thanked
the Councilmembers for running for office. She stated she tells her colleagues in the House of
Representative that she has the best job because of the cities in her District. She then stated when times
are tough the cities step up to the plate.
Senator Olson stated if there is any information Council thinks either of them have that could be of
benefit she asked Council to let them know.
Discussion moved to Item 6.A on the agenda.
B. State Representative Connie Doepke, District 33B
This item was discussed after Item 4 on the agenda.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 5 of 18
Mayor Lizée introduced State Representative Connie Doepke, District 33B.
Representative Doepke thanked Council for the opportunity to come before it this evening. She noted she
sends out email updates every 7 – 10 days during a legislative session. She explained she has just started
her second term as the State Legislature for District 33B. She stated the current legislative session will be
a great deal more difficult than the last session because the Legislature has a $6 billion deficit to close.
She indicted things are moving as if it were the end of session; they are moving much more quickly. She
stated the House of Representatives is concentrating on bringing down the deficit and creating jobs. It’s
also reviewing the services the State provides and how to minimize the duplication of services.
Representative Doepke reviewed the committees she is a member of.
She is the Vice-Chair of the Education Reform Committee. She meets monthly with the superintendents
of the school districts in her District. This Committee is assessing all of the education related mandates
that are in place. It’s likely that some of them may no longer be appropriate and she is working with the
school districts to identify areas for mandate relief. She noted that millions of dollars are being spent by
school districts on those mandates.
She is a member of the Taxes Committee. The Committee has decided that for 2011 and 2012 there will
be no cuts to local government aid (LGA) when compared to the amount they received in 2010. The Tax
Committee’s philosophy is to codify the unallotments. There was House bipartisan support (House File 1)
for doing that at the end of the legislative session in May 2010. The Committee has reviewed everything
in that bill. The cuts have been in place for two years and should save about $700 million in the outlying
years.
She is also a member of the Higher Education Policy and Finance Committee. This Committee is starting
to take a look at higher education. The Committee has decided to continue with the cuts taken for higher
education during the last session. That has been communicated to the Minnesota State Colleges and
University System and to the University of Minnesota. The Committee recently had a lengthy meeting
with University of Minnesota President Robert Bruininks.
Representative Doepke stated she is a co-author of a variance bill, a bill the City has asked for. There has
not been a hearing on this bill.
Councilmember Woodruff stated that in the past the City has received some market value homestead
credit money from the State. He asked if it will be reinstated. Representative Doepke stated she will check
into that. Woodruff gave the following example. When Shorewood levies $1,000 in taxes the market
value homestead credit goes out of that levy amount to the property owner. The State is supposed to
reimburse the City for that credit. The State has not done that for the last several years for the City. The
property owner gets a benefit and the City takes a loss.
Mayor Lizée stated she is pleased to hear that legislators are working collaboratively to find efficiencies.
She then stated the Shorewood Council is looking at how to work better with other government agencies,
in particular with other local municipalities.
Representative Doepke stated 46 percent of the members of the House of Representatives are new this
legislative session. There are approximately 38 new members in both the democratic and republican
parties. She noted that she was asked to help lead a session for freshman legislatures on civility in
government. That session lasted about one and one half hours; it was scheduled to last 45 minutes. She
stated she is reaching out to members on the other side of the aisle as Vice-Chair of the Education Reform
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 6 of 18
Committee to partner on bills. She expressed that Minnesotans respect balance. She stated to date it
appears that Governor Dayton is willing to listen to both sides.
Councilmember Zerby asked what the House proposes to do about the tax abuse by prisoners.
Representative Doepke responded she has not read the bill that has been proposed and therefore will not
comment on it. Doepke stated she will get back to Zerby after she has read the bill.
Representative Doepke noted that although she is a fiscal conservative she does think it’s extremely
important for everyone to work together.
Mayor Lizée thanked Representative Doepke for coming this evening.
Discussion moved to Item 5.A on the agenda.
6. PUBLIC HEARING
A. Storm Water Pollution Prevention Program Public Information Meeting
Mayor Lizée opened the Public Information Meeting at 7:42 P.M. She asked Engineer Landini to give a
brief presentation about the City’s Storm Water Pollution Prevention Program (SWPPP).
Engineer Landini stated that holding a public information meeting about the City’s SWPPP is a
requirement for obtaining a National Pollutant Discharge Elimination System (NPDES) Municipal Storm
Water permit, a permit required by the Federal Clean Water Act.
Landini explained the City’s SWPPP has six minimum control measures (MCMs) which are used to
evaluate the City each year. He reviewed the measures and what progress the City had made in 2010 to
satisfy each measure.
MCM 1 – Public Education and Outreach
The City co-hosted one rain garden seminar with Metro Blooms.
The City hosted one shoreline restoration seminar.
Published four water quality related articles in the Shore Report.
This public information meeting was advertised..
MCM 2 – Public Participation and Involvement
This public information meeting satisfies the requirement for 2010. No one
attended the meeting held in 2010.
MCM 3 - Illicit Discharge and Detection Elimination
The City approved an ordinance two years ago to prohibit illicit discharges into
State waters. An illicit discharge could be something such as dumping paint in a
storm drain to dumping trash in the woods.
MCM 4 – Construction Site Storm Water Runoff
Conducted construction site erosion control inspections during building
inspections. The frequency of inspections varied. The City’s Building Inspector
is now certified to conduct erosion control inspections.
MCM 5 – Post Construction Storm Water Management
Adhered to the Minnehaha Creek Watershed District’s regulations regarding post
construction storm water management (the majority of the lands inside the City
were within the MCWD jurisdiction). The City Code Zoning and Subdivision
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 7 of 18
Regulations 1201.26 Subd. 8 addresses post construction storm water
management for lands outside of that jurisdiction.
MCM 6 – Pollution Prevention and Good Housekeeping
Continued to sweep the City streets, protect the stock piles located at Public
Works, inspect outfalls and ponds (ten ponds must be inspected each year), and
applied road salt sparingly when needed.
Seeing no one present wishing to speak on this topic, Mayor Lizée opened and closed the public
testimony portion of the Public Information Meeting at 7:45 P.M.
Councilmember Woodruff stated illicit discharges also include yard waste, brush and so forth. Therefore,
it’s illegal for residents to dispose of leaves and grass in wetlands.
Zerby moved, Woodruff seconded, directing Staff to Prepare a Record of Decision Regarding the
City’s Storm Water Pollution Prevention Program. Motion passed 5/0.
Mayor Lizée closed the Public Information Meeting at 7:47 P.M.
7. PARKS
Commissioner Quinlan reported on matters considered and actions taken at the January 11, 2011, Park
Commission meeting (as detailed in the minutes of that meeting), noting that Arctic Fever Chair Sue
Davis would report on the recent Arctic Fever event.
Councilmember Woodruff stated that he read in the Park Commission meeting minutes for that meeting
that the hockey association chose not to utilize the City’s outdoor hockey rinks this year. He asked if the
City was provided any reason for that decision. Commissioner Quinlan stated he was surprised by that
decision because in the past the City had been pressured to have more rinks. Woodruff asked the
Commission to provide Council with additional information about this.
thth
Sue Davis reported on the Arctic Fever Event held on January 15 and 16. The skijor event and Princess
Tea were strong events. The trail for skijoring was fantastic. It’s estimated that 700 – 800 came through
th
Freeman Park on January 15. Mushers gave about 200 rides; about 50 too many. She stated she will
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write up a report on the event after event wrap-up meetings scheduled for January 25 are held. She noted
the Midwest Skijor Club wants to conduct two training classes in Freeman Park next fall; one on dry land
and one after there is snow on the ground.
Director Brown thanked Gabriel Jabbour, owner of the Shorewood Yacht Club, for allowing the City to
use a machine to help groom the trail for the skijoring race. He noted the City was in a bind prior to that.
Mayor Lizée encouraged the Park Commission to engage the Excelsior and Tonka Bay Park
Commissions to share the joy and work in this effort for next year.
8. PLANNING
Commissioner Hutchins reported on matters considered and actions taken at the January 18, 2011,
Planning Commission meeting (as detailed in the minutes of that meeting).
Mayor Lizée asked if the State Highway 7 and Galpin Lake Road intersection redesign will include
consideration of creating a trail along Galpin Lake Road south of State Highway 7 to connect that area to
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 8 of 18
the LRT trail in the City of Excelsior. Director Nielsen responded this is about the actual physical
configuration of the intersection, and it has more to do with vehicular traffic than pedestrian traffic.
Nielsen stated he thought the Trail Planning Committee will discuss that trail request. He explained the
City’s Comprehensive Plan shows a specific configuration for the Shorewood side of that intersection.
The Minnesota Department of Transportation made improvements to the intersection and the particular
design in the Comp Plan may not be valid anymore.
A. Bill Mason Zoning Violation Appeal
Applicant: Bill Mason
Location: 27680 Island View Road
This item was continued to the February 14, 2011, City Council meeting agenda.
B. Nonconforming Accessory Structure – Mary Edwards
Director Nielsen explained in July 2010 Mary Edwards was granted a conditional use permit (C.U.P.) to
construct a house on a substandard lot located at 6170 Ridge Road near Christmas Lake. There were a
couple of nonconforming structures on the lot. Even after the C.U.P. was granted, there was question if
the nonconforming shed/deck near the shoreline of Christmas Lake is a legal nonconforming structure.
The Planning Commission and Council asked Ms. Edwards to provide evidence that the structure existed
prior to the city’s adoption of a zoning code. Ms. Edwards submitted a letter from the adjoining property
owner testifying the shed/deck has been there since the City was incorporated. The Planning Commission
found the letter to be adequate and the Commission recommended the approval of the certificate of
occupancy.
Councilmember Siakel stated she was the Council liaison at the January 18, 2011, Planning Commission
when the letter was discussed, and she agrees with the Commission’s recommendations.
Siakel moved, Hotvet seconded, approving the certificate of occupancy for Mary Edwards for the
house on the property located at 6170 Ridge Road.
Councilmember Woodruff stated that for a long time the City has had a very rigid policy about this sort of
thing. He then stated that although he thought the letter of testimony from an adjoining property owner
that the structure is legal is credible, he expressed concern that using that criterion for proving legality of
a structure is at the far end of the spectrum. He cautioned Council and Staff to be careful with this type of
proof. There are many structures like the one in question around and he expressed concern that the City
could be setting a precedent.
Director Nielsen stated the Planning Commission has directed Staff to review the criteria used for
evaluating these types of things.
Councilmember Zerby asked if the City has any type of inventory system to identify structures currently
in place for people to use twenty years from now. Director Nielsen responded the City’s aerial survey
from 1966 is sort of the starting point and there has been discussion about using that as a baseline. The
City also has aerial photographs but the quality of them is not always the best. In cases like this, there is
public testimony. There are more and more properties that have been surveyed and the surveys can be
used.
Motion passed 5/0.
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C. Conditional Use Permit
Applicant: Shorewood Yacht Club
Location: 600 West Lake Street
Mayor Lizée explained the Shorewood Yacht Club (SYC) was granted an interim conditional use permit
(C.U.P.) about three years ago that allows the SYC to rent 35 of its boat slips for power boats. At that
time, it was agreed the permit would be reviewed in three years for permanent consideration.
Director Nielsen explained the Planning Commission held a public hearing during its January 4, 2011,
meeting to consider if the interim C.U.P. for the SYC should be made permanent. He noted the owner of
the SYC asked that the original request, which would have allowed for 50 percent of the SYC slips to be
rented for power boats, be considered. The Commission has recommended the interim C.U.P. be made
permanent. After lengthy discussion, the Commission also recommended limiting the number of slips
rented to power boats to 52, plus the four power that were part of the original C.U.P. All of the slips for
power boat rental must be confined to piers 3 and 4.
Mayor Lizée clarified Council is not holding a public hearing this evening. The City’s Planning
Commission already held one and it was well attended. She stated the City has received letters, email
comments, and direct testimony regarding the C.U.P. request. She asked Council if they had questions
about this request or if they were prepared to make a motion.
Councilmember Woodruff stated there are at least two people in the audience who would like to comment
on this and he asked Council to allow them to do so. He noted he also has some comments he would like
to make.
Mayor Lizée noted that Gabriel Jabbour, owner of the SYC, and Mike Mahoney, manager of the SYC,
were present this evening. She asked that those people wanting to comment tonight come up to the
podium to address Council and give their name and address and to limit their comments to two minutes.
She stated if people have already given public testimony about it at a public hearing they do not need to
be reiterated being they have already been documented.
Mike Kramer, 5425 Timber Lane, stated he has lived at this location for 35 years. Based on discussion
with eight of his nine Timber Lane neighbors, he believes his assertions are consistent with their feelings.
Mr. Kramer read aloud the following email he had sent to Councilmember Woodruff. “Dick, Thanks for
the update. (I believe) Neither the owners’ intentions, whether John Cross or Gabe, have changed over the
years nor have the residents’ opposition. I plan to show up and replay the residents’ side of the broken
record. Thanks again for the support. My 56 years of residence in Shorewood, including before it was
Shorewood, have seen developers and businesses continually try to deceive and wear down councils and
hope for apathy and forgetfulness on the part of residents and lawmakers. Misleading residents and
councils are their stock-in-trade. I can bore you with examples but I’ll spare your and my time and blood
pressure. Keep up the fight for the residents.”
Mr. Kramer stated he believes that over the years the Shorewood Council has been stewards with this
residential community. He recollects there being comments and emails stating the City is in good shape
financially because residents are willing to pay high taxes to live in a high quality, quiet community. As
noise goes up and quality of life goes down these high tax payers may think about where to live again.
Mr. Kramer reviewed what he thinks has changed since the mid 1970s when the City denied powerboat
mooring to the SYC. The new owner, Gabriel Jabbour, differs from John Cross, the previous owner, in
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 10 of 18
two major ways. He is charming, and he has more cleaver lawyers. He expressed he can’t see anything
else that has changed. He stated there have been problems with noise, wakes, and unsightly powerboat
canopies. From his vantage point, there seems to be no effective way to report violations of the C.U.P.
Calling 911 is neither a proper or an effective method of reporting or control; that is not what 911 is for.
He does not think power boaters will change their behavior just because they moor at the SYC.
Mr. Kramer stated minutes from a Planning Commission included in the meeting packet state power
boaters are happy with the rental discount they receive from the SYC if they are residents in the City. He
then stated power boaters have many options in where they can keep their boats. But, he has few options
about what happens in his front yard.
Mr. Kramer recommended the SYC be kept for sail boats and to consider reducing the power boat
population to improve the quality of the neighborhood. He asked Council to continue to be aware of
developers continually chipping away at the quality of the neighborhood. He asked what will happen
when the condominiums are built on the property where the dredging company currently is.
Nick Ruehl, 456 Lafayette Avenue, Excelsior, stated that in the summer of 1974 he was swimming in the
bay on a raft that was just out from the edge of the water with another person. That was before there was a
SYC. Around that time, John Cross approached him and others about his desire to build a sailboat marina.
Because of his experience with zoning, it appeared to him that would be allowable in a residential district.
At that time, it was fought with a great deal of money and time. The City fought the idea of having a sail
boat marina because of the residential neighborhood. It was fought all the way up to the State Supreme
Court. Since that time, there have been changes to the marina. Power boats have been allowed at four
slips at first, and then additional power boats have been allowed. Now there is a request for more power
boats. The neighborhood hasn’t changed; it’s still a residential neighborhood. He asked Council not to
continue to intensify the use of power boats at the marina, noting he does not know why that is needed.
Councilmember Woodruff stated he has done some research on this topic over the last couple of weeks
starting back to when the case went as high as the Supreme Court through today. He explained the City
originally granted a permit to the SYC on the basis that it was a sailing only club. The SYC was allowed
to have four power boats moored there.
Woodruff then stated that a little over three years ago Council voted on a 3/2 vote, with he and former
Councilmember Turgeon dissenting, to allow the SYC to rent out 35 of its slips for power boats; that’s in
addition to the four slips already allowed for power boats. One of his reasons for voting against the
request the last time was because the only hardship for the SYC was economic. From his vantage point,
that continues to be the case today. He believes the current SYC owner bought the business when it was
financially challenged and since then has been trying to make it a viable business. He perceives the SYC
is trying to engage the City in trying to make the business viable, and he does not think that it’s
appropriate for the City to do that. He stated financial hardship is not a good reason. He expressed the
rental discounts to Shorewood residents is fluff and smoke that cover up the fact that the SYC needs
power boats in order to be financially viable. He stated that is not the City’s responsibility.
Woodruff went on to state during the original permitting process, and again three years ago, there were
potential issues about stirring up what people thought were contaminants in the bottom of the Gideon
Bay. The Bay had been the outlet for the Excelsior Sewage Treatment Plant. There was belief that power
boats would stir up the muck much more than sail boats.
Woodruff explained that during a lawsuit several years ago the attorney for Mr. Cross engaged a company
called American Engineering Testing, Inc. (AET) to take sediment samples from the area near the SYC
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January 24, 2011
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and out further out in Gideon Bay as well as off of Howard Point. AET sent the samples to another
company to have them analyzed. He noted Director Nielsen was able to obtain a copy of the AET report
and it was recently distributed to Council. He explained at that time the City hired Dick Osgood to also
assess the silt in the bottom of the Bay. He stated Mr. Osgood’s reports were good but inconclusive. Mr.
Osgood only focused on phosphorous, yet that is not the only thing that can be a contaminant in silt.
Woodruff highlighted findings in the AET report from 2004. The phosphorous level off Howard Point
was 42 and it ranged from 66 – 146 in the silt around the SYC. Total nitrogen was just over 3000 off
Howard Point and it ranged from roughly 4,600 – 19,500 around the SYC. Nitrogen is not a hazardous
item; it does promote the growth of plants. Chromium, a carcinogen, was about 6 off Howard Point and it
ranged from two to three times that around the SYC. Lead was 45 near Howard point and it ranged from
18 – 60 around the SYC. Copper was about 11 off Howard Point and it ranged from 27 – 65 around the
SYC. Barium, a nasty chemical, was 177 of Howard Point and it ranged from about 130 – 200 around the
SYC.
Woodruff stated AET also compared the sediment analysis results to data published in a 1996 Minnesota
Pollution Control Agency (MCPA) report on lake sediments in various lakes throughout Minnesota. The
phosphorous level in the sediment for the area in the MPCA report that was used to compare to was over
1000. AET and the attorneys for Mr. Cross concluded there was not a problem. He then stated there is no
standard for how much there should be. He expressed it’s not valid to compare the sediment around the
SYC to other lakes in Minnesota, but it is valid to compare it to that found off of Howard Point. He
commented that the level off Howard Point may or may not be acceptable. He expressed his concern
about stirring up the sediment in the bottom of the lake.
Woodruff then stated should Council grant the permanent C.U.P. he asked there be some conditions of
approval based on requests he has received from residents. One would be that the awnings and slipcovers
be removed from the slips in the late fall for the winter season. Another would be for the City and the
SYC to examine the SYC’s storage policy for the possible encroachment on to the right-of-way relative to
the trail.
Councilmember Zerby stated he does not have the expertise needed to assess the various levels of
contaminants. He then stated that he believes this is not a financial issue. It’s about giving residents and
the surrounding community access to Lake Minnetonka. Things change over time. For example, he was
an avid snow skier in 1974 and the slopes he skied on were solely for skiers. Today, they are used by
snow boarders about 50 percent of the time. The Lake used to be used a lot for water skiing. Today there
is a lot of wake boarding. People’s preferences for recreational activities change over time. He noted most
sail boats have a motor on them and they are under power as they leave the marina and they likely stir up
sediment. He stated he has not seen any studies about the amount of sediment a power boat motor stirs up
versus a sail boat motor.
Zerby then stated he read in minutes from some Planning Commission meeting comments about applying
to the Lake Minnetonka Conservation District (LMCD) for quiet water restrictions. He asked if that is
something that has been done, and if not, is it the intent to do it. Director Nielsen explained that during
discussions about granting the interim C.U.P. three years ago a decision was made not to go forward with
that because the quiet waters already extend quite a distance out into the Bay. Nielsen stated Staff can
look into that if that’s Council’s direction
Zerby went on to state that he wants the potential issue of the easement on to the right-of-way addressed
as well as any potential issues with awnings. He commented that he has never seen a report on the sizes of
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January 24, 2011
Page 12 of 18
power boats mooring at the SYC and he asked if there is such a report. If not, he would like to have at
least one report on boat sizes.
Zerby noted the Planning Commission voted unanimously to recommend approval of the permanent
C.U.P. He stated the Commission has a reputation for discussing things thoroughly and considering all of
the pertinent details.
Councilmember Hotvet asked if there is a channel of communication that is closely followed by both the
residents and the land owners when a complaint is made. Director Nielsen explained that when the
interim C.U.P. was granted three years ago complaints were discussed. At that time, a decision was made
for people to file complaints with the South Lake Minnetonka Police Department (SLMPD). Residents
appear to be reluctant to call 911, but that is the way to reach the SLMPD. The SLMPD is around all of
the time. City staff is not. The complaint call may not result in the issuance of a ticket, but it will result in
a report being filed.
Mayor Lizée stated the complaint process was established three years ago. At that time, the SLMPD was
asked to provide the City with an annual report on such complaints. She reiterated the only way to contact
the SLMPD is through the 911 dispatch service. She stated the SYC personnel are open to talking with
residents if they have complaints.
Councilmember Siakel stated it’s her understanding there has only been one complaint during the three-
year term of the interim C.U.P. Director Nielsen clarified there have not been any complaints, and there
was one compliment received. Mayor Lizée stated there was one police report issued and that was for a
boat owner who locked their car keys in their car and needed help to get into the car.
Siakel then stated the report from AET states “It is our opinion that the sediments in and around the
Shorewood Yacht Club will not adversely impact water quality even if they are re-suspended by boat
traffic.” She noted there is a dredging company near the SYC and it’s very likely that the large dredging
equipment moving in and out of that bay stirs up more sediment than a power boat does. She stated she is
not aware of any complaints about that.
Siakel asked if the LMCD quiet water restrictions in place are adequate when it comes to managing speed
in Gideon Bay. Director Nielsen explained it was discussed three years ago and a decision was made not
to ask the LMCD to impose any additional quiet waters restrictions. There was belief there were enough
restrictions in place.
Siakel stated she was the Council liaison at the January 4, 2011, Planning Commission meeting when the
public hearing was held on the C.U.P. request. The Commission did an excellent job. It listened to
concerns expressed. It unanimously recommended approval.
Mayor Lizée stated the Council is considering a C.U.P.; it’s not a variance request. Hardship is not the
issue being considered with this request. A marina is a permitted use in a lakeshore recreational district.
She stated Councilmember Woodruff’s comments and conclusions about the chemicals in the water are
his conclusions and thoughts. She noted that none of the Councilmembers is a scientist.
Siakel moved, Zerby seconded, directing Staff to prepare a resolution approving a permanent
conditional use permit for the Shorewood Yacht Club allowing a maximum of 52 power boats to be
docked at pier #4 and the west half of pier #3 plus the four power boats that were part of the
original C.U.P.
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January 24, 2011
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Councilmember Woodruff stated the report from AET date August 10, 2004, also states “Based on the
sediment sampling and analysis data and comparison to data published by the MPCA” which is the data
he referenced from around the State AET didn’t think there was a problem. He then stated it’s important
to find out if the other lakes are the standard or are they just samples. He thought, based on the report,
they were just samples. They are not the standards.
Motion passed 4/1 with Woodruff dissenting.
9. ENGINEERING/PUBLIC WORKS
A. 2010 Traffic Control Sign Inventory
Engineer Landini stated the meeting packet contains a proposal for doing a traffic control sign inventory.
Landini explained in 1993 the Federal Department of Transportation (DOT) Appropriations Act
recognized traffic control signs need to have a minimum nighttime visibility. The Federal Highway
Administration added minimum nighttime visibility language to the Manual of Uniform Traffic Control
Devices (MUTCD). The Minnesota DOT (MnDOT) adopted the language in the MUTCD in 2008. The
MUTCD identified specific milestone due dates which are: adopt a policy on the maintenance method for
traffic control signs by January 22, 2012; bring most signs into compliance with the minimum visibility
standards by January 22, 2105; and, bring all signs into compliance by January 22, 2108. He noted the
MUTCD also identifies some exemptions. He explained street name signs, stop signs, and arrow signs
must all be visible at night.
Landini stated it’s been asked what happens if signs are not brought into compliance with the Minnesota
MUTCD. He explained federal officers or police officers will not be checking to see if signs are in
compliance. The law will be enforced by litigation. People can sue over traffic accidents.
Landini explained the Minnesota Local Technical Assistance Program (LTAP) has published a book as
guidance. The book recommends an implementation approach and the first step in the approach is to do
an inventory of traffic control signs. The League of Minnesota Cities intends to provide a draft policy and
ordinance. Once that’s available, Staff will schedule a work session to discuss draft policies and
ordinances.
Landini displayed examples of some of the worst traffic control signs in the City.
Landini explained Staff collected three quotes for doing the inventory and night time inspection. WSB &
Associates provided the low quote in the amount of $8,000. WSB discounted the work for winter and will
utilize technicians that have completed many inventories.
Landini stated Staff recommends Council direct Staff to work with WSB & Associates to do the traffic
control sign inventory and night time inspection for an amount not to exceed $8,000.
Mayor Lizée expressed sign visibility sounds like a safety issue. She explained the signage on Smithtown
Road is very confusing. It starts out as County Road 19. Business and residential addresses are Smithtown
Road or Manitou Road along this roadway. She asked if any thought will be given to identifying the
different segments of the roadway more clearly. Engineer Landini responded the City can work with
Hennepin County, noting the County is responsible for the signs on County Road 19.
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January 24, 2011
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Administrator Heck stated if the City’s sister cities are interested it may be worth while to ask WSB if
they are interested in conducting inventories for them. There could potentially be a reduction in cost.
Councilmember Hotvet asked if there are any requirements to have very visible house numbers for
emergency vehicles. Director Brown explained the City’s Zoning Code requires the house be adequately
identified. Brown noted the City’s Building Inspector pays attention to that. He stated that once a year the
fire and police departments remind residents of the importance of highly visible house numbers. He stated
he would check into whether or not the public safety departments still have a program where residents
could purchase plaques to put their reflect numbers on.
Councilmember Woodruff stated the 2011 budget includes funds to conduct the inventory as well as
funds for signage inventory software. He thought the total cost was about $14,000. He asked if Staff
would come back with a request to buy the software. Director DeJong explained the software was
approved as part of the capital improvement program. DeJong noted no specific bidding is required for
the software; it will come back as a purchase on the verified claims list. Woodruff stated this is an
unfunded mandate and he has a problem with it.
Councilmember Woodruff asked what the plan is after the original inventory is taken and the information
is entered into the to-be-purchased software. How will it be maintained? Engineer Landini responded
Council could establish a policy that signs will be reinspected every so many years based on the type of
material they are made of, or it could adopt a blanket replacement policy. Landini explained there are
several different maintenance methods that Staff could present to Council once the inventory is
completed. Cost estimates can be made after that.
Councilmember Woodruff asked if the plan is to inventory all the signs or just the signs that must comply
with the minimum visibility standard. Engineer Landini responded the current plan is to inventory all
signs.
Councilmember Zerby expressed his appreciation for Staff finding a quote that is one-third the amount of
one of the other two quotes and one-half of the other.
Zerby moved, Hotvet seconded, directing Staff to work with WSB & Associates to do the traffic
control sign inventory for an amount not to exceed $8,000. Motion passed 5/0.
Mayor Lizée recessed the meeting at 8:50 P.M.
Mayor Lizée reconvened the meeting at 8:55 P.M.
10. GENERAL/NEW BUSINESS
A. Spring Clean-Up
Administrator Heck stated each year the City sponsors a May spring clean-up drop-off program which is
held at the Public Works Garage. The City has in the past provided curbside collection and it’s been
suggested the City consider bringing curbside collection back this year as part of spring clean-up. Staff
contacted Allied Waste, the contract refuse hauler the City’s uses for the spring clean-up, to get an
estimate for a curbside collection option for 2011. The estimate is approximately $20 per household based
on 2,800 households. Appliances, electronics and household hazardous waste items would not be
collected and recyclables would not be separated out. He noted Staff would have to go through a request
for proposal (RFP) process.
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January 24, 2011
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Heck then stated he does not recommend a curbside collection for 2011 because of the lack of time to go
through the RFP process and other logistics. It could be considered for 2012.
Mayor Lizée expressed her surprise that there is not adequate time to go through a RFP process being the
event is held in May 2011. She stated she thinks most residents are aware of the significant effort put
forth by the City to sponsor the clean-up, which includes bringing in Hennepin County.
Councilmember Siakel stated she believes the spring clean-up is a great service for the City’s residents.
She then stated residents have commented to her that they wish the curbside collection would come back.
She suggested Council consider doing a curbside collection every other year. She commented that when
there was curbside collection for spring clean-up residents would put their collection items outside a day
before and people would come by and take some of the stuff before it was collected. She stated it was a
good use of community resources. She expressed her support for some frequency of curbside collection
for spring clean-up.
Councilmember Hotvet stated she agreed with Councilmember Siakel. Curbside collection is a great
service for the residents. She indicated there should be a way to combine curbside collection with drop-
off collection. She noted that people have to pay to drop off some hazardous materials and recycling items
at the Hennepin County drop-off facilities. She stated she would like Council to be able to reach a
compromise and offer residents some level of curbside collection this year.
Administrator Heck stated the time to make the changes needed to add the $20 per household cost to the
utility bill needs to be considered.
Councilmember Siakel stated from her perspective this would basically amount to reestablishing the
curbside collection program the City once had. She asked if the City received many resident complaints
about the nominal per household charge for curbside recycling. Councilmember Hotvet asked what the
cost was. Mayor Lizée responded she thought it was $13 - $17. Director Brown explained it ranged from
$13 - $15, and it was his recollection that the Finance Department would receive 20 – 30 complaints from
residents who did not take advantage of the program.
Councilmember Woodruff stated he thought the participation in the curbside collection effort fell off. He
requested Staff research what types of things could be collected curbside. He stated he wants to continue
with the drop-off program independent of what decision is made about the curbside alternative. Director
Brown stated he will research if there is any information that substantiates curbside collection fell off.
Mayor Lizée stated there is no intention to discontinue the drop-off program because it’s a valuable
service. She then stated when a Council made a decision to discontinue the curbside collection program it
was because some then council members had heard complaints from residents about the cost of it. She
does not recollect there being a drop in participation.
Mayor Lizée asked Staff to come back to Council with a list of items that could be collected curbside and
with projects costs.
Councilmember Siakel stated there may well be greater participation because there has not been a
curbside collection initiative for a number of years.
Councilmember Hotvet stated this type of effort could potentially support sustainability initiatives.
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January 24, 2011
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Director DeJong asked if the cost for curbside collection was a uniform billing on the utility bill, to which
Mayor Lizée responded it was and it was titled spring clean-up. Lizée then said the initiative was
announced by Council and the City’s newsletter listed what items would be picked up curbside and what
would have to be dropped off at the Public Works Garage. DeJong asked if it was run through the
Recycling Enterprise Fund, to which Director Brown responded it was.
Councilmember Woodruff stated the last time the City provided curbside recycling the residents on the
City’s Islands had to bring the items to a dumpster. He then stated if there is a curbside program offered,
he wanted it to be curbside on the Islands also.
Administrator Heck stated Staff will research what items could be picked up curbside and prepare a quick
RFP for distribution. Staff will try and make that available for the February 14, 2011, Council meeting.
Councilmember Siakel recommended Staff find out what refuse hauler the Cities of Excelsior and Tonka
Bay use. She stated there could possibly be cost efficiencies achieved by doing a joint effort.
11. OLD BUSINESS
A. Speed Cart
Mayor Lizée stated during the January 20, 2011, South Lake Minnetonka Police Department (SLMPD)
Coordinating Committee meeting the Committee accepted the City’s donation of the speed cart. The
Committee thanked the City. The member cities are pleased that the cart can be deployed throughout the
SLMPD community. Having the SLMPD be responsible for the cart in its entirety will alleviate a lot of
headaches for Public Works and Administrator Heck. The SLMPD will provide the quarterly usage
reports to the Committee.
B. Lake Minnetonka Conservation District Board Appointment
Mayor Lizée stated there is a Lake Minnetonka Conservation District (LMCD) Board meeting on January
26, 2011, to continue discussion of matters from the LMCD Board’s most recent meeting. She explained
that in January Council made a decision to have a resident who is not an elected official represent the City
on this Board. Council has not made that appointment as of yet because it’s waiting for applications. She
th
recommended the City be represented at the January 26 meeting. She stated that Councilmember Siakel
has offered to serve as the interim representative until Council appoints a resident who is not an elected
official.
Zerby moved, Hotvet seconded, appointing Debbie Siakel to the Lake Minnetonka Conservation
District Board on an interim basis until a resident who is not an elected official is appointed.
Motion passed 5/0.
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. December 2010 Financial Report
Director DeJong stated the meeting packet contains a copy of the December 2010 General Fund Monthly
Budget Report. He explained the 2010 General Fund budget ended the year extremely well at this point in
closing out the year. There will not be a need to use the $155,000 in General Fund reserves that was
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January 24, 2011
Page 17 of 18
budgeted for 2011. At this time, revenues exceed expenditures by approximately $85,000 and the final
excess amount will be added to the reserves. He noted there are still some bills for 2010 expenditures that
have to be paid and they will be coded back to the 2010 budget. On the revenue side the City will receive
a settlement from Hennepin County the end of January 2011for delinquent property taxes paid October 15
– December 31, 2010. The City will also receive some revenues for court fines. He noted he will update
Council on this in February.
DeJong then explained there were three departments that exceeded their budgets for 2010. The reason was
because actual staff time was charged to departments different from how it was allocated in the budgets.
The overage was offset by a reduction in other departments.
Councilmember Woodruff thanked Staff. He asked if Staff will provide Council with a budget report on
the Enterprise Funds before the 2010 year-end audit is completed. Director DeJong responded that will be
done in February.
th
2. 2010 Investment Report – 4 Quarter
Director DeJong stated the biggest challenge he has with regard to investments is to first determine the
City’s cash flow needs. He explained the City receives most of its revenues in June and December when it
receives the majority of its property tax settlements. Most investments the City purchases are either on a
one-year basis or an annual cycle. His next effort is to schedule the investments in the month he would
like to have them come due the following year in order to try and even out the cash flow. The City will be
doing considerably more investing in the months where the City will need some of the investments
coming due. He noted the City will continue to have a relatively high cash balance until he completes this
effort. He explained the City has made some investments with a return in the high 1 percent range for a
timeframe of 1 – 3.5 years. He is not looking to invest for longer timeframes at this time because interest
rates are anticipated to go up. When those investments come due they can be reinvested at a higher
interest rate.
Councilmember Woodruff stated at least three residents have asked him in the last thirty days why the
City has so much cash. He asked Director DeJong to prepare an exhibit that depicts why the City has to
have a certain amount of cash. He noted it is not very urgent request.
Mayor Lizée stated having such a visual would be helpful and beneficial.
Other
Administrator Heck stated Director DeJong and he met with Excelsior Fire District (EFD) personnel to
discuss the five-year lease/purchase agreement for the EFD’s self contained breathing apparatus (SCBA)
equipment. The agreement will be on the February 14, 2011, Council meeting agenda for consideration of
approval. The SCBA equipment will cost approximately $164,166 and financing the acquisition through
Shorewood will save the EFD, and ultimately the member cities, quite a bit of money. The agreement was
put together by the bond council at Kennedy and Graven.
Heck then stated there is an EFD Board meeting scheduled for January 26, 2011.
B. Mayor and City Council
1. Community Visioning
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
January 24, 2011
Page 18 of 18
Administrator Heck stated the community visioning session Mayor Lizée referenced earlier will be held at
the Southshore Community Center on January 31, 2011, from 6:30 P.M. – 8:30 P.M. Molly McDonald
and Rebecca Heidepriem with Fritz Partners, LLC will facilitate the brainstorming session. The Councils
of the Cities of Excelsior, Shorewood and Tonka Bay will have to decide what the next steps should be.
Dovetailing with that is the proposed Council and staff retreat. He noted he has been in contact with a
very good facilitator for the retreat. He stated he is working on identifying two half-days for the retreat in
February.
Mayor Lizée stated she did call the community visioning session and invited the Councils and staff from
Excelsior and Tonka Bay to join the Shorewood Council and staff in the brainstorming session. She
explained in 2002 there was a visioning exercise conducted for the future of the South Lake communities
and she suggested that document be updated. She noted that Excelsior Mayor Ruehl and Tonka Bay
Mayor LaBelle are excited about the possibility of this session and were going to bring it back to their
respective Councils. She also noted the session will be posted.
Councilmember Woodruff stated he will not be in attendance as he will be out of town for two weeks.
13. ADJOURN
Woodruff moved, Hotvet seconded, Adjourning the City Council Regular Meeting of January 24,
2011, at 9:27 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
Christine Lizée, Mayor
Brian Heck, City Administrator/Clerk
#2C
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, JANUARY 31, 2011 6:30 P.M.
MINUTES
Shorewood Mayor Lizée introduced Molly McDonald and Rebecca Heiderpriem, with Fritz Partners, who
were present to facilitate the community visioning brainstorming session this evening.
While waiting for Excelsior Mayor Ruehl to arrive the Mr. McDonald and Ms. Heiderpriem conducted an
ice breaker exercise titled 2 truths 1 lie. This exercise began at 6:45 P.M. and ended at 7:00 P.M.
1. CONVENE CITY COUNCIL WORK SESSION
Shorewood Mayor Lizée called the Shorewood Work Session to order at 7:00 P.M.
A. Roll Call
Shorewood:
Present. Mayor Christine Lizée; Councilmembers Laura Hotvet, Debbie Siakel, and
Scott Zerby; Attorney Tim Keane; Administrator Brian Heck; Finance Director Bruce
DeJong; Planning Director Brad Nielsen; Director of Public Works Larry Brown; and
Building Inspector Joe Pazandak
Excelsior:
Also Present: Mayor Nick Ruehl (arrived at 6:58 P.M.); Councilmember Wendy Berghorst:
City Manager Luger: Finance Director Joan Carlson; and Public Works Superintendent
Dave Wisdorf
Tonka Bay:
Mayor Bill LaBelle; Councilmember Jeff Anderson; City Administrator Joe
Kohlmann; and Public Works Superintendent Greg Kluver
Fritz Partners:
Molly McDonald and Rebecca Heiderpriem
Shorewood:
Absent: Councilmember Dick Woodruff
B. Review Agenda
Zerby moved, Siakel seconded, approving the Shorewood work session agenda as presented. Motion
passed 4/0.
Shorewood Mayor Lizée asked Excelsior Mayor Ruehl if he would like to call an Excelsior City Council
work session to order.
Excelsior Mayor Ruehl noted a quorum of the Excelsior City Council was not present so he could not call a
work session to order. He stated the representatives from Excelsior would participate in this brainstorming
exercise.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 31, 2011
Page 2 of 8
Shorewood Mayor Lizée asked Tonka Bay Mayor LaBelle if he would like to call a Tonka Bay City
Council work session to order.
Tonka Bay Mayor LaBelle noted a quorum of the Tonka Bay City Council was not present so he could not
call a work session to order. He stated the representatives from Tonka Bay would participate in this
brainstorming exercise.
Shorewood Mayor Lizée turned control of the work session over to Ms. McDonald and Ms. Heiderpriem.
2. MEASURABLE MANAGEMENT
Ms. McDonald highlighted her professional careers, which have been in traditional business and the
performing arts. She noted she joined Fritz Partners about two years ago and has helped that company
introduce a program called Measurable Management in Minnesota. She explained Measurable
Management is a program that delivers organizational improvement through change leadership. Her early
efforts were to bring the program to city governments. She also explained she has provided the Shorewood
City Council an overview of the program.
Ms. McDonald stated she has spoken with Shorewood Mayor Lizée about Lizée’s desire to bring the
leadership of the Cities of Excelsior, Shorewood and Tonka Bay together to open a dialogue about the
impact the current state of the economy was having on city governments and the services they provided as
well as the funding for the services.
Ms. McDonald referenced an e-publication titled “Minnesota Local Government Innovation and Redesign
Guide.” The document was written by a fellow at the Humphrey H. Humphrey Institute at the University of
Minnesota. The Guide contains ideas for creating efficiencies and saving taxpayer money.
Ms. McDonald then referenced a report titled “Projection: Minnesota Cities Will Be Broke by 2015”. The
League of Minnesota Cities prepared the report with assistance from the Humphrey Institute. She
commented that in her travels throughout Minnesota, many city administrators and city managers referred
to this document. She summarized the key findings. If current revenue and spending trends continue and no
policy changes are made, Minnesota cities of all sizes in all regions of the state will be broke by the year
2015. The projection found that it makes no difference where a city is located geographically, how large or
small its population, what its tax base is, what the local economy looks like, or what its unique mix of
revenue sources is—all types of Minnesota cities will end up in the red if big changes aren’t made to city
services, funding for those services, or both. She stated those are grim statements.
Ms. McDonald also referenced a report titled “South Lake Minnetonka Vision Plan” which was published
in 2002. She explained residents, elected and non-elected, and business people in the South Lake
community got together to discuss a vision for the community and the report is the final outcome of the
discussions. She stated the report contains a lot of good information. People were asked why they lived in
the community and what they wanted and expected in and from the community.
Ms. McDonald referred to objective three in the report, which is “use the collaborative umbrella of South
Lake Minnetonka to more effectively and efficiently deliver superior municipal services.” The issues
identified were: 1) public demand for higher service levels and more sophisticated facilities is increasing in
the midst of the call for steady or lower taxes; 2) since municipal boundaries in the South Lake area are
irregular a particular community must pass through another to reach its destination; 3) the buying power of
several collaborative local governments will lead to lower prices on public service equipment, supplies,
etc.; and 4) combined public service facilities will reduce waste and duplication.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 31, 2011
Page 3 of 8
Ms. McDonald stated the report also includes the strategies for how to follow through on these. She noted
the report states there will be an annual South Lake Minnetonka summit to identify the core quality of life
issues affecting the Lake and to evaluate how these collaborative efforts are going. The report also states
that it will be taken to another level, which is to meet with the area’s State Legislative elected officials to
have them ask the issues and lobby for them.
Ms. McDonald stated she does not think there is an annual summit. She also stated she did not think a
group meets with the Legislative elected officials to ensure the community’s concerns are being heard.
Tonka Bay Mayor LaBelle stated the South Lake cities do that that individually.
Ms. McDonald expressed there is a lot of useful information in the South Lake Minnetonka Vision Plan.
She stated it’s likely that after a while the report was no longer in the forefront of people’s minds.
Ms. McDonald stated if it’s true that cities will be bankrupt by 2015 she asked the participants what they
are going to do about it. She asked what the cities should do to avoid going down that path. She also asked
the participants how they could recreate the passion and desire there was when the Plan was created and
pick up where those efforts left off. She commented that she thought the participants had a great deal of
talent and energy. She stated they could collectively address some of the upcoming issues head on by
developing a collaborative model for the cities for the future.
Ms. McDonald turned control of the meeting over to Ms. Heiderpriem.
Ms. Heiderpriem highlighted her professional career. She stated she lives in Milwaukee, Wisconsin, and
that she had lived in Minnesota for nine years. She explained she spent 24 years in corporate America. She
noted in 2001 was asked by the then Governor of the State of Wisconsin to be the first Cabinet Secretary
for information technology for Wisconsin. She held the position for 15 months until the next governor
eliminated the position. She stated she joined Fritz Partners in 2008. She explained that in addition to
selling the Measurable Management program Fritz Partners provides executive coaching, and facilitation
services.
Ms. Heiderpriem stated the purpose of this effort is to:
create a collaborative model for shared services among the cities of Excelsior, Shorewood
and Tonka Bay;
establish alignment among city leaders;
determine citizen involvement moving forward; and,
create a tactical plan to move forward that won’t go on the shelf.
Ms. Heiderpriem stated future perfect thinking is about:
anticipating an outcome that has not yet occurred;
serving as a launch point for change and improvement – a it’s the stage at which direction
is set and the destination becomes focused;
defining the desired state and the benefit to the organizations and all involved parties;
painting a clear picture that provides direction during times of continued change; and,
serving as a critical step in building alignment.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 31, 2011
Page 4 of 8
Ms. Heiderpriem clarified future perfect thinking is not goals. It’s not today and what’s being done. It’s
about what the cities want to look like in a perfect world. It’s about the types of services the cities could
offer its residents if they had unlimited funding.
Ms. Heiderpriem explained the group is going to develop its future perfect thinking though:
the group defining a collaborative vision that becomes its stake in the ground which will
provide a pulling force for change as this effort goes forward;
the group envisioning what could be, the desired end state, and describing what that looks
and feels like; and,
the group finishing this sentence “We will know we have reached the desired end state as a
result of our work, when …”
Ms. Heiderpriem stated if it were a perfect world, she asked the participants what they could envision the
three cities doing in their combined collaborative effort. She provided the following list of questions that
could help the group create the vision.
What kinds of shared services could be offered to the cities’ citizens?
What will the work environment look and feel like?
What kinds of work processes will characterize that environment?
What kinds of added services could the cities provide their citizens?
Ms. Heiderpriem read a sample vision statement. “The talent of our combined city staff and leadership
will lead our citizens to view us as indispensable business partners. Our employees will take personal
responsibility to provide unmatched stakeholder (citizen) value by delivering solutions and services like
no other city. This will provide us the fuel to consistently exceed our value to our citizens.”
Shorewood Councilmember Siakel stated she thought a step was missing from this process. She expressed
she thought it would be beneficial to first identify needs and to reach agreement on what areas it may make
sense to work on. She asked if the participants should share key projects, their respective city is discussing.
For example, the Shorewood Planning Commission is discussing a potential redevelopment of Smithtown
Crossing. She stated the entire County Road 19 corridor could be a good conversation for the three cities to
have; it’s the artery that binds the cities.
Excelsior Mayor Ruehl agreed with Shorewood Councilmember Siakel’s comment. He explained that
during the last Minnetonka School District’s luncheon for the mayors of the cities in the District the mayors
focused their discussion on collaboration between cities. They identified many areas in which different
cities already collaborate. He stated he does not think people understand how much collaboration is already
going on.
Ms. Heiderpriem asked a representative from each city to highlight some of their respective city’s current
areas of collaboration. Some of the areas identified are as follows.
The cities are members of joint powers organizations that provides police and fire services.
The Southshore Community Center was built by the five cities of Deephaven, Excelsior,
Greenwood, Shorewood, and Tonka Bay.
The funding for the public safety facilities is managed though the Shorewood Economic
Development Authority.
The Arctic Fever Event is hosted by the three cities represented this evening.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 31, 2011
Page 5 of 8
Some of the cities are members of the LOGIS Group, which provides health benefit
services.
The three cities, and other agencies, have discussed the possibility of constructing a trail
along County Road 19. Tonka Bay is very interested having that move forward.
There is an opportunity for the cities to create consistent rental ordinances.
Three cities share in a roadway sealcoat bidding process.
The cities jointly own some public works equipment.
The cities utilize other cities’ public works personnel on a short-term emergency basis.
There is a capital improvement plan to connect the water systems for emergency purposes.
Three communities share a radio system outside of the 800 megahertz channel.
Ms. Heiderpriem stated the cities have done some really great things, and she thought it’s likely the cities
are a lot further along than other cities. She asked the participants what the cities could do to advance their
collaborative efforts further and thereby free up funds to do really creative innovative things.
Ms. Heiderpriem asked the participants to write down how they would finish the sentence “We will know
we have reached the desired end state as a result of our work, when …” on the post-it notes provided. They
participants could submit as many ideas they want.
Ms. McDonald read the ideas submitted. During that process, Ms. Heiderpriem identified categories to
place each idea. The summary results follow.
More Efficient Processes
combine election functions
have unified zoning
city planning outside the box of city borders
common utility reading/billing systems
one comprehensive plan for all
establish great partnerships with state agencies (e.g.; the Minnesota Department of
Natural Resources)
coordinated capital improvement programs / development activities
hold quarterly structured meetings of city administrators, city managers, public
works personnel and planning personnel
Combined Services
Ash Borer tree investigation
ensure consistency with rental housing ordinances
Excelsior band shell
converge to one building
unified water system - already have unified sewer
contract for police services
have a larger police department to allow safe walking/biking access to all city
parks and connections between cities
create proper road crossings through the three cities for the Three Rivers Park trail
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 31, 2011
Page 6 of 8
have the five South Lake cities work together, not just three of them
County Road 19, a corridor for all
share software and information technology services
combine refuse and recycling services
Staff/Personnel
shared city management (part time managers/administrators/planners)
consolidate city staff (eliminate specialties such as planning)
city engineer – on call
legal – on call
treasurer – contract with a CPA
reduce by outsourcing
review opportunities for seasonal people/equipment – formulate rotating crews
Financial Implications
tax base is level between all three cities
everything is exactly the same as it is now, but costs less
cities have increased service deliverables at reduced cost
an end to funding formulas - who pays how much
a way to tax visitors who use our cities e.g., a local sales tax
New Branding
when residents say they live in the South Lake area rather than being from a
particular city - broader community identity
when residents notice no difference in community infrastructure and services
between the cities
one larger city title with municipalities or burroughs
Improved Attitudes
change values, change expectations
eliminate parochialism
residents recognize and support value of city services
make the services we provide the best we can provide; top quality services, not
more services
formally recognize Excelsior as the downtown of the South Lake area
resident perception of local government is very positive – taxpayers have complete
confidence that the city is being run as effectively and efficiently as possible
when residents believe that the services they receive are well worth their tax
dollars and that they are getting a good value
end to the “mine/your” attitude
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 31, 2011
Page 7 of 8
when you notice no difference in community infrastructure and services between
the cities
The Lake
no ideas were presented for this important resource and some need to be identified
Excelsior Mayor Ruehl stated he wants to make sure it’s clear that Excelsior, Shorewood and Tonka Bay
will not be broke by 2015. He then stated local government aid (LGA) has been and continues to be under
assault. Some Minnesota cities rely heavily on LGA and they will be in severe trouble. He noted that
Shorewood and Tonka Bay have not been receiving LGA. Excelsior has relied on LGA heavily up until
2003 or 2004 when the formula changed and Excelsior lost one-half of the LGA it was receiving. The other
one-half has been slowly removed over the last seven years to the point where Excelsior no longer relies on
LGA. That has increased Excelsior’s reliance on the tax levy. The loss of LGA hasn’t been excruciatingly
painful, but it has been painful.
Excelsior Mayor Ruehl stated he did not mean to underplay the issues going forward. The last three
Excelsior city councils have been doing long-range financial planning.
Shorewood Mayor Lizée stated it’s her observation this evening that participants believe there is a common
need to look at sharing common services and to find more efficiencies. She then stated she thought there is a
common desire to think outside of the box and to challenge the cities’ staffs, residents, and councils to
move things ahead.
Ms. Heiderpriem stated the South Lake cities should be commended because they are ahead of the game.
She then stated city administrators throughout Minnesota have brought up the LMC study.
Ms. Heiderpriem stated she would summarize the categorized ideas. She suggested there be a minimum of
one more meeting. After that, it may be possible to turn the planning and strategizing over to different
teams.
There was consensus to schedule another session for February 24, 2011, at 6:30 P.M.
Ms. Heiderpriem asked for the participants to provide feedback on what they thought went well this
evening as well as opportunities for improvement. The summary of that feedback follows.
Meeting Assessment:
getting to know each other
areas to work together
ability to add ideas safely
we can collaborate
great ideas
lots of new ideas for future services
collaborate to do more with less
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 31, 2011
Page 8 of 8
Opportunities
would have liked to get to the work faster
not clear as to next step, how do we move to future state
need to have open minds as far as brainstorming
Excelsior Mayor Ruehl stated there were many ideas conveyed this evening, but they may ultimately not be
something the cities want to follow through with. The ideas are things that need to be explored and
evaluated.
Shorewood Mayor Lizée stated this evening’s session was a brainstorming session. It’s an environment
where ideas can be thrown out safely knowing the ideas are not a direction for moving forward.
Excelsior City Manager Luger stated many of the ideas are very good. She expressed she would like to
know what the goal is. She stated if the goal is to have one city manager and one planner that is okay. But,
if one person has to serve three cities that would place a tremendous burden on them.
Shorewood Finance Director DeJong stated none of the three cities are in eminent danger of going bankrupt
or having something catastrophic happen. He then stated it’s important to give some credence to what‘s
going on going forward. The cities are not going to be in a position of providing new services if there is
much cost to doing so. Outside revenue sources will be reduced and cities will have to rely more on their
internal resources. Cities will likely have to focus on doing the same with less or providing less with less.
Cities are not going to be in a cash flush situation that would allow them to provide new services. It’s
important for the cities to identify how they can collaborate more to make the cities work better.
Shorewood Mayor Lizée stated if the participants come up with other ideas they should send them to their
respective City Administrators/Manager and they can forward them to Fritz Partners.
3. ADJOURN
Hotvet moved, Siakel seconded, Adjourning the Shorewood City Council Work Session of January
24, 2011, at 8:33 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Christine Lizée, Mayor
ATTEST:
Brian Heck, City Administrator/Clerk
COUNCIL ACTION FORM
Department Council Meeting Item Number
Finance February 14, 2011 3A
Item Description: Verified Claims
From: Michelle Nguyen
Bruce DeJong
Background / Previous Action
Claims for council authorization. The attached claims list includes checks numbered 51262 through
51361 totaling $362,480.21.
Staff Recommendation
Staff recommends approval of the claims list.
2/10/2011 1:34 PM A/P HISTORY CHECK REPORT PAGE: 2
VENDOR SET: 01 City of Shorewood
BANK: 1 BEACON BANK
DATE RANGE: 1/25/2011 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
00051 EFTPS - FEDERAL W/H D 1/26/2011 000000 335.31
00051 EFTPS - FEDERAL W/H D 2/01/2011 000000 12,314.86
00092 MN DEPT OF REVENUE D 1/26/2011 000000 27.53
00092 MN DEPT OF REVENUE D 2/01/2011 000000 2,224.78
20005 WELLS FARGO HEALTH BENEFIT SVC D 2/01/2011 000000 3,259.20
15885 MIDWEST MAILING SYSTEMS INC R 1/26/2011 051266 845.09
00086 AFSCME COUNCIL 5 R 2/01/2011 051274 267.68
00053 ICMA RETIREMENT TRUST-302131-4 R 2/01/2011 051275 1,384.45
16625 MINN NCPERS GROUP LIFE INS R 2/01/2011 051276 32.00
00052 PERA R 2/01/2011 051277 7,402.86
00700 ABDO, EICK & MEYERS, LLP R 2/14/2011 051279 3,400.00
10576 ADVANCED IMAGING SOLUTIONS INC R 2/14/2011 051280 73.55
00087 AFSCME CO 5 MEMBERS HEALTH FUN R 2/14/2011 051281 459.00
1 ALL FLAGS, LLC R 2/14/2011 051282 58.59
29306 ALLIED WASTE SERVICES #894 R 2/14/2011 051283 13,840.20
01475 AMERICAN ENGINEERING R 2/14/2011 051284 4,434.85
16275 AMERICAN MESSAGING R 2/14/2011 051285 32.90
01801 AMERICAN PLANNING ASSOC. R 2/14/2011 051286 438.00
01977 ANDERSON, KRISTI B. R 2/14/2011 051287 187.00
02860 BARNES DISTRIBUTION R 2/14/2011 051288 138.10
04081 CARQUEST AUTO PARTS R 2/14/2011 051289 279.59
17300 CENTERPOINT ENERGY R 2/14/2011 051290 3,038.64
2/10/2011 1:34 PM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 01 City of Shorewood
BANK: 1 BEACON BANK
DATE RANGE: 1/25/2011 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
05050 CITIES DIGITAL INC. R 2/14/2011 051291 6,224.43
04500 CITY OF CHANHASSEN R 2/14/2011 051292 2,769.10
18100 CITY OF MOUND R 2/14/2011 051293 6,109.50
29278 CLASSIC CLEANING COMPANY R 2/14/2011 051294 879.65
29282 CRYSTEEL TRUCK EQUIPMENT R 2/14/2011 051295 533.70
05885 CULLIGAN BOTTLED WATER R 2/14/2011 051296 15.04
1 DEEPAK CHAULAGAI R 2/14/2011 051297 125.00
26110 DEX ONE R 2/14/2011 051298 9.75
29271 DREW KRIESEL R 2/14/2011 051299 1,624.00
07229 EGAN-MCKAY ELECTRICAL R 2/14/2011 051300 1,026.00
1 ELISE MARTY KLING R 2/14/2011 051301 50.00
1 ENESCO, LLC R 2/14/2011 051302 522.00
07480 EXCELSIOR ENGRAVING R 2/14/2011 051303 139.46
19950 FERGUSON WATERWORKS R 2/14/2011 051304 2,128.12
08712 G & K SERVICES R 2/14/2011 051305 1,153.27
1 GIDEON COVE HOMEOWNERS ASSN R 2/14/2011 051306 150.00
10000 GROUT, TWILA R 2/14/2011 051307 22.36
29264 H & L MESABI R 2/14/2011 051308 998.30
07900 HAWKINS, INC. R 2/14/2011 051309 65.00
29232 HECK, BRIAN R 2/14/2011 051310 335.99
11055 INFRATECH R 2/14/2011 051311 3,980.00
11650 KENNEDY & GRAVEN, CHARTERED R 2/14/2011 051312 5,177.79
2/10/2011 1:34 PM A/P HISTORY CHECK REPORT PAGE: 4
VENDOR SET: 01 City of Shorewood
BANK: 1 BEACON BANK
DATE RANGE: 1/25/2011 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
12700 LADEN'S BUSINESS MACHINES, INC R 2/14/2011 051313 145.00
13070 LANDINI, JAMES R 2/14/2011 051314 40.00
13300 LEAGUE OF MINNESOTA CITIES R 2/14/2011 051315 20.00
13550 LIZEE, CHRISTINE R 2/14/2011 051316 50.00
15403 MAMA R 2/14/2011 051317 17.00
14480 MASON, BRADLEY R 2/14/2011 051318 149.99
15050 MEDIACOM R 2/14/2011 051319 47.95
00079 MEDICA R 2/14/2011 051320 15,893.55
15176 MENARDS R 2/14/2011 051321 49.57
15401 METRO CITIES-ASSN OF METROPOLI R 2/14/2011 051322 3,036.00
15501 METRO COUNCIL ENV.(SAC) R 2/14/2011 051323 4,415.40
15500 METRO COUNCIL ENVMT(WASTEWATER R 2/14/2011 051324 59,486.26
00085 MINNESOTA LIFE R 2/14/2011 051325 543.18
29371 MINNESOTA PUBLISHING R 2/14/2011 051326 335.00
16425 MN ASSOC. OF GOV'T COMMUNICAT R 2/14/2011 051327 60.00
05304 MN HELICOPTERS, INC. R 2/14/2011 051328 767.00
1 MN PLUMBING & HEATING, INC R 2/14/2011 051329 40.00
14050 MTI DISTRIBUTING COMPANY R 2/14/2011 051330 1,075.44
17475 MTKA COMMUNITY EDUCATION R 2/14/2011 051331 500.00
19500 NIELSEN, BRADLEY R 2/14/2011 051332 90.00
15900 OFFICE DEPOT R 2/14/2011 051333 139.92
15000 PAETEC R 2/14/2011 051334 527.31
2/10/2011 1:34 PM A/P HISTORY CHECK REPORT PAGE: 5
VENDOR SET: 01 City of Shorewood
BANK: 1 BEACON BANK
DATE RANGE: 1/25/2011 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
20950 POTTS, KENNETH N. R 2/14/2011 051335 2,291.66
26100 QWEST R 2/14/2011 051336 1,090.06
22950 SHOREWOOD TRUE VALUE R 2/14/2011 051337 99.43
29377 SIEMENS WATER TECHNOLOGIES R 2/14/2011 051338 622.20
22980 SIGN LLC R 2/14/2011 051339 166.88
23500 SO LK MTKA POLICE DEPT R 2/14/2011 051340 82,792.00
23725 SPEEDWAY SUPERAMERICA LLC R 2/14/2011 051341 5,500.08
23250 STANLEY SECURITY SOLUTIONS, IN R 2/14/2011 051342 698.60
23600 STAR TRIBUNE R 2/14/2011 051343 111.80
17051 STATE OF MN DEPT OF PUBLIC SAF R 2/14/2011 051344 400.00
23652 STONEBROOKE EQUIPMENT, INC. R 2/14/2011 051345 467.07
29101 SUN NEWSPAPERS R 2/14/2011 051346 268.84
17200 SUN PATRIOT NEWSPAPERS R 2/14/2011 051347 260.93
29142 THREE RIVERS PARK DISTRICT R 2/14/2011 051348 225.00
23726 TKDA ENGINEERS ARCHITECTS PLAN R 2/14/2011 051349 122.10
25000 TOTAL PRINTING SERVICES R 2/14/2011 051350 873.80
25452 TWIN CITY WATER CLINIC R 2/14/2011 051351 100.00
70200 VERIZON WIRELESS R 2/14/2011 051352 328.33
29269 WARNER CONNECT R 2/14/2011 051353 2,800.00
83900 WASTE MANAGEMENT OF WI-MN R 2/14/2011 051354 501.10
1 WAYNE ANDERBERG R 2/14/2011 051355 215.00
29376 WENDY FRITZ CONSULTING, LLC R 2/14/2011 051356 1,096.00
2/10/2011 1:34 PM A/P HISTORY CHECK REPORT PAGE: 6
VENDOR SET: 01 City of Shorewood
BANK: 1 BEACON BANK
DATE RANGE: 1/25/2011 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
18500 WM. MUELLER & SONS, INC. R 2/14/2011 051357 2,474.11
28451 WSB AND ASSOCIATES R 2/14/2011 051358 5,513.00
19800 XCEL ENERGY R 2/14/2011 051359 11,254.16
29100 ZIEGLER, INC. R 2/14/2011 051361 1,663.36
05305 COMMUNITY REC RESOURCES E 2/15/2011 999999 3,684.25
06572 DELTA DENTAL OF MINNESOTA D 2/01/2011 999999 605.62
19445 NGUYEN, MICHELLE E 2/15/2011 999999 103.00
* * T O T A L S * * NO CHECK AMOUNT DISCOUNTS TOTAL APPLIED
REGULAR CHECKS: 87 279,715.04 0.00 279,715.04
HAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 6 18,767.30 0.00 18,767.30
EFT: 2 3,787.25 0.00 3,787.25
NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 0 VOID DEBITS 0.00
VOID CREDITS 0.00 0.00 0.00 0.00
TOTAL ERRORS: 0
VENDOR SET: 01 BANK: 1 TOTALS: 95 302,269.59 0.00 302,269.59
BANK: 1 TOTALS: 95 302,269.59 0.00 302,269.59
REPORT TOTALS: 97 302,269.59 0.00 302,269.59
02-10-2011 02:01 PM C O U N C I L REPORT BY VENDOR - FEBRUARY 14, 2011 PAGE: 1
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
ABDO, EICK & MEYERS, LLP 2/14/11 2010 AUDIT PRELIMINARY REV General Fund Finance 3,400.00_
TOTAL: 3,400.00
ADVANCED IMAGING SOLUTIONS INC 2/14/11 SVC 12/15-01/15 General Fund Municipal Buildings 73.55_
TOTAL: 73.55
AFSCME CO 5 MEMBERS HEALTH FUND 2/14/11 FEB UNION DENTAL General Fund Unallocated Expenses 408.00
2/14/11 JAN UNION L - GREG FASCHIN General Fund Unallocated Expenses 51.00_
TOTAL: 459.00
AFSCME COUNCIL 5 2/01/11 P/R DEDUCTS - UNION DUES General Fund NON-DEPARTMENTAL 267.68_
TOTAL: 267.68
ALLIED WASTE SERVICES #894 2/14/11 FEB RECYCLING Recycling Utility Recycling 13,840.20_
TOTAL: 13,840.20
AMERICAN ENGINEERING 2/14/11 COVINGTON STW NOUTFALL Stormwater Managem STORMWATER MANAGEMENT 4,434.85_
TOTAL: 4,434.85
AMERICAN MESSAGING 2/14/11 FEB PAGER General Fund Public Works 16.45
2/14/11 FEB PAGER Water Utility Water 8.23
2/14/11 FEB PAGER Sanitary Sewer Uti Sewer 8.22_
TOTAL: 32.90
AMERICAN PLANNING ASSOC. 2/14/11 APA CATEGORY F-4/1/09-3/31 General Fund Planning 438.00_
TOTAL: 438.00
ANDERSON, KRISTI B. 2/14/11 PARK COMM REG MTG 02/08 General Fund Parks & Recreation 187.00_
TOTAL: 187.00
BARNES DISTRIBUTION 2/14/11 NUTS, BOLTS HARDWARE General Fund Public Works 138.10_
TOTAL: 138.10
CARQUEST AUTO PARTS 2/14/11 WINTER BLADES General Fund Public Works 42.70
2/14/11 OIL SEAL & BEARINGS General Fund Public Works 69.45
2/14/11 AUTO BATTERY General Fund Public Works 75.25
2/14/11 AUTO BATTERY General Fund Public Works 92.19_
TOTAL: 279.59
CENTERPOINT ENERGY 2/14/11 GAS SVC 12/20-01/20 General Fund Municipal Buildings 349.81
2/14/11 GAS SVC 12/20-01/20 General Fund Public Works 1,459.12
2/14/11 GAS SVC 12/20-01/20 General Fund Parks & Recreation 395.11
2/14/11 MANOR WARMING HOUSE General Fund Parks & Recreation 69.32
2/14/11 SSCC 06/17-07/22 Southshore Communi Senior Community Cente 390.95
2/14/11 GAS SVC 12/20-01/20 Water Utility Water 149.93
2/14/11 GAS SVC 12/20-01/20 Water Utility Water 224.40_
TOTAL: 3,038.64
CITIES DIGITAL INC. 2/14/11 2011 LASERFICHE MAINT General Fund Municipal Buildings 6,224.43_
TOTAL: 6,224.43
CITY OF CHANHASSEN 2/14/11 018505-000 ACCT SVC ADDRES Water Utility Water 56.46
2/14/11 018505-001 ACCT SVC ADDRES Water Utility Water 2,712.64_
TOTAL: 2,769.10
CITY OF MOUND 2/14/11 1ST QTR-FIRE & PROTECTION General Fund Fire Protection 6,109.50
02-10-2011 02:01 PM C O U N C I L REPORT BY VENDOR - FEBRUARY 14, 2011 PAGE: 2
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
_______________
TOTAL: 6,109.50
CLASSIC CLEANING COMPANY 2/14/11 AUG-C.H. SVC General Fund Municipal Buildings 563.19
2/14/11 JAN SVC General Fund Public Works 316.46_
TOTAL: 879.65
COMMUNITY REC RESOURCES 2/15/11 PCS--01/24-02/11 General Fund Parks & Recreation 3,330.00
2/15/11 SSCC ASSISTANT-01/24-02/10 Southshore Communi Senior Community Cente 354.25_
TOTAL: 3,684.25
CRYSTEEL TRUCK EQUIPMENT 2/14/11 FRONT PLOW CYLINDER/RAM General Fund Public Works 533.70_
TOTAL: 533.70
CULLIGAN BOTTLED WATER 2/14/11 DRINKING WATER SVC General Fund Municipal Buildings 15.04_
TOTAL: 15.04
DELTA DENTAL OF MINNESOTA 2/01/11 FEB - DENTAL General Fund Unallocated Expenses 605.62_
TOTAL: 605.62
DEX ONE 2/14/11 SSCC-NOW ADS Southshore Communi Senior Community Cente 9.75_
TOTAL: 9.75
DREW KRIESEL 2/14/11 JAN SVC Southshore Communi Senior Community Cente 755.00
2/14/11 JAN SUPPLIES Southshore Communi Senior Community Cente 189.00
2/14/11 JAN SVC Southshore Communi Senior Community Cente 680.00_
TOTAL: 1,624.00
EFTPS - FEDERAL W/H 1/26/11 FEDERAL W/H General Fund NON-DEPARTMENTAL 43.97
2/01/11 FEDERAL W/H General Fund NON-DEPARTMENTAL 5,174.75
1/26/11 FICA W/H General Fund NON-DEPARTMENTAL 92.00
2/01/11 FICA W/H General Fund NON-DEPARTMENTAL 2,254.78
1/26/11 MEDICARE W/H General Fund NON-DEPARTMENTAL 31.76
2/01/11 MEDICARE W/H General Fund NON-DEPARTMENTAL 778.42
2/01/11 FICA W/H General Fund Administration 273.34
2/01/11 MEDICARE W/H General Fund Administration 63.93
1/26/11 FICA W/H General Fund General Government 94.38
2/01/11 FICA W/H General Fund General Government 403.51
1/26/11 MEDICARE W/H General Fund General Government 22.07
2/01/11 MEDICARE W/H General Fund General Government 94.36
2/01/11 FICA W/H General Fund Finance 166.25
2/01/11 MEDICARE W/H General Fund Finance 38.87
1/26/11 FICA W/H General Fund Planning 41.44
2/01/11 FICA W/H General Fund Planning 291.12
1/26/11 MEDICARE W/H General Fund Planning 9.69
2/01/11 MEDICARE W/H General Fund Planning 68.08
2/01/11 FICA W/H General Fund Protective Inspections 192.62
2/01/11 MEDICARE W/H General Fund Protective Inspections 45.05
2/01/11 FICA W/H General Fund City Engineer 190.69
2/01/11 MEDICARE W/H General Fund City Engineer 44.60
2/01/11 FICA W/H General Fund Public Works 580.19
2/01/11 MEDICARE W/H General Fund Public Works 135.68
2/01/11 FICA W/H General Fund Streets & Roadways 30.69
2/01/11 MEDICARE W/H General Fund Streets & Roadways 7.18
2/01/11 FICA W/H General Fund Ice & Snow Removal 313.80
2/01/11 MEDICARE W/H General Fund Ice & Snow Removal 73.40
2/01/11 FICA W/H General Fund Tree Maintenance 4.53
02-10-2011 02:01 PM C O U N C I L REPORT BY VENDOR - FEBRUARY 14, 2011 PAGE: 3
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
2/01/11 MEDICARE W/H General Fund Tree Maintenance 1.06
2/01/11 FICA W/H General Fund Parks & Recreation 491.56
2/01/11 MEDICARE W/H General Fund Parks & Recreation 114.95
2/01/11 FICA W/H Southshore Communi Senior Community Cente 51.24
2/01/11 MEDICARE W/H Southshore Communi Senior Community Cente 11.99
2/01/11 FICA W/H Water Utility Water 145.05
2/01/11 MEDICARE W/H Water Utility Water 33.92
2/01/11 FICA W/H Sanitary Sewer Uti Sewer 176.35
2/01/11 MEDICARE W/H Sanitary Sewer Uti Sewer 41.24
2/01/11 FICA W/H Recycling Utility Recycling 1.57
2/01/11 MEDICARE W/H Recycling Utility Recycling 0.37
2/01/11 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 15.98
2/01/11 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 3.74_
TOTAL: 12,650.17
EGAN-MCKAY ELECTRICAL 2/14/11 2ND QTR General Fund Parks & Recreation 513.00
2/14/11 3RD QTR General Fund Parks & Recreation 513.00_
TOTAL: 1,026.00
EXCELSIOR ENGRAVING 2/14/11 COUNCIL PLAQUE General Fund Council 139.46_
TOTAL: 139.46
FERGUSON WATERWORKS 2/14/11 WATER METER PURCHASE Water Utility Water 2,128.12_
TOTAL: 2,128.12
G & K SERVICES 2/14/11 CH SVC General Fund Municipal Buildings 119.00
2/14/11 PW SVC General Fund Public Works 983.61
2/14/11 SSCC SVC Southshore Communi Senior Community Cente 50.66_
TOTAL: 1,153.27
GROUT, TWILA 2/14/11 ARTIC FEVER EXP General Fund Parks & Recreation 22.36_
TOTAL: 22.36
H & L MESABI 2/14/11 CUTTING EDGES General Fund Ice & Snow Removal 998.30_
TOTAL: 998.30
HAWKINS, INC. 2/14/11 CHLORINE Water Utility Water 65.00_
TOTAL: 65.00
HECK, BRIAN 2/14/11 CELL General Fund Administration 79.99
2/14/11 MILEAGE General Fund Administration 67.00
2/14/11 WELLNESS General Fund Administration 40.00
2/14/11 ICMA WEBINAR General Fund Administration 149.00_
TOTAL: 335.99
ICMA RETIREMENT TRUST-302131-457 2/01/11 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 1,025.00
2/01/11 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 359.45_
TOTAL: 1,384.45
INFRATECH 2/14/11 MH GROUT MANHOLES Sanitary Sewer Uti Sewer 2,160.00
2/14/11 CIPP REPAIR @ VINE HILL RD Sanitary Sewer Uti Sewer 1,820.00_
TOTAL: 3,980.00
KENNEDY & GRAVEN, CHARTERED 2/14/11 GENERAL General Fund Professional Svcs 2,121.00
2/14/11 RON JOHNSON General Fund Professional Svcs 1,371.85
2/14/11 RON JOHNSON LITIGATION General Fund Professional Svcs 996.19
02-10-2011 02:01 PM C O U N C I L REPORT BY VENDOR - FEBRUARY 14, 2011 PAGE: 4
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
2/14/11 FIRE DIST LEASE-PURCHASE A General Fund Professional Svcs 688.75_
TOTAL: 5,177.79
LADEN'S BUSINESS MACHINES, INC. 2/14/11 COPIER MACHINE MAINT General Fund Municipal Buildings 145.00_
TOTAL: 145.00
LANDINI, JAMES 2/14/11 FEB WELLNESS REIM General Fund City Engineer 40.00_
TOTAL: 40.00
LEAGUE OF MINNESOTA CITIES 2/14/11 MAYOR MEMBERSHIP General Fund Council 20.00_
TOTAL: 20.00
LIZEE, CHRISTINE 2/14/11 02/02 LMCD-SAVE THE LAKE E General Fund Council 50.00_
TOTAL: 50.00
MAMA 2/14/11 NOV 17/10 MTG General Fund Administration 17.00_
TOTAL: 17.00
MASON, BRADLEY 2/14/11 BOOT REIM General Fund Public Works 149.99_
TOTAL: 149.99
MEDIACOM 2/14/11 SSCC-07/16-08/15 SVC Southshore Communi Senior Community Cente 47.95_
TOTAL: 47.95
MEDICA 2/14/11 FEB MEDICAL General Fund Unallocated Expenses 15,893.55_
TOTAL: 15,893.55
MENARDS 2/14/11 MAILBOX PART General Fund Public Works 9.92
2/14/11 MAILBOX REPAIR General Fund Public Works 39.65_
TOTAL: 49.57
METRO CITIES-ASSN OF METROPOLITAN MUNI 2/14/11 2011 COUNCIL MEMBERSHIP General Fund Council 3,036.00_
TOTAL: 3,036.00
METRO COUNCIL ENV.(SAC) 2/14/11 JAN SAC REPORT Sanitary Sewer Uti NON-DEPARTMENTAL 4,415.40_
TOTAL: 4,415.40
METRO COUNCIL ENVMT(WASTEWATER) 2/14/11 FEB-WASTE SVC Sanitary Sewer Uti Sewer 59,486.26_
TOTAL: 59,486.26
MIDWEST MAILING SYSTEMS INC 1/26/11 FEB-NEWSLETTER POSTAGE & S General Fund General Government 335.87
1/26/11 FEB-NEWSLETTER POSTAGE & S General Fund General Government 509.22_
TOTAL: 845.09
MINNESOTA LIFE 2/14/11 FEB-LIFE INS General Fund Unallocated Expenses 543.18_
TOTAL: 543.18
MINNESOTA PUBLISHING 2/14/11 FEB ADS Southshore Communi Senior Community Cente 335.00_
TOTAL: 335.00
MISC. VENDOR ALL FLAGS, LLC 2/14/11 INV #358819 - FLAGS FOR CI General Fund Municipal Buildings 58.59
DEEPAK CHAULAGAI 2/14/11 DAMAGE DEPOSIT REF-WEDDING Southshore Communi Senior Community Cente 125.00
ELISE MARTY KLING 2/14/11 ARCTIC FEVER LOGO --INV#10 General Fund Parks & Recreation 50.00
ENESCO, LLC 2/14/11 ARTIC FEVER-FROSTY BEARS General Fund Parks & Recreation 522.00
GIDEON COVE HOMEOWNERS 2/14/11 GIDEON COVE ZONING REFUND General Fund NON-DEPARTMENTAL 150.00
MN PLUMBING & HEATING, 2/14/11 21710 LILAC LN-DUPLICATE P General Fund NON-DEPARTMENTAL 35.00
02-10-2011 02:01 PM C O U N C I L REPORT BY VENDOR - FEBRUARY 14, 2011 PAGE: 5
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
MN PLUMBING & HEATING, 2/14/11 21710 LILAC LN-DUPLICATE P General Fund NON-DEPARTMENTAL 5.00
WAYNE ANDERBERG 2/14/11 SSCC-SNOW SHOVEL-01/04-01/ Southshore Communi Senior Community Cente 215.00_
TOTAL: 1,160.59
MN ASSOC. OF GOV'T COMMUNICATORS 2/14/11 JULIE MOORE 2011 MEMBERSHI General Fund General Government 60.00_
TOTAL: 60.00
MN DEPT OF REVENUE 1/26/11 STATE W/H General Fund NON-DEPARTMENTAL 27.53
2/01/11 STATE W/H General Fund NON-DEPARTMENTAL 2,224.78_
TOTAL: 2,252.31
MN HELICOPTERS, INC. 2/14/11 R22 DEAR COUNT General Fund Parks & Recreation 767.00_
TOTAL: 767.00
MINN NCPERS GROUP LIFE INS 2/01/11 MONTHLY- ELECT LIFE INS General Fund NON-DEPARTMENTAL 32.00_
TOTAL: 32.00
MTI DISTRIBUTING COMPANY 2/14/11 SPROCKET & GEARS-GROUNDMAS General Fund Public Works 345.21
2/14/11 FUEL & TIRE CHAIN-GROUNDSM General Fund Public Works 332.94
2/14/11 PTO SHARF & GEAR BOX General Fund Public Works 397.29_
TOTAL: 1,075.44
MTKA COMMUNITY EDUCATION 2/14/11 SHARED -OILS & ACRYLICS CL Southshore Communi Senior Community Cente 500.00_
TOTAL: 500.00
NGUYEN, MICHELLE 2/15/11 JAN MILEAGE General Fund Finance 103.00_
TOTAL: 103.00
NIELSEN, BRADLEY 2/14/11 CERTS 2011 CONF General Fund Planning 90.00_
TOTAL: 90.00
OFFICE DEPOT 2/14/11 GEN SUPPLIES General Fund General Government 113.62
2/14/11 GEN SUPPLIES General Fund General Government 26.30_
TOTAL: 139.92
PAETEC 2/14/11 02/26-03/25 SVC General Fund Municipal Buildings 135.86
2/14/11 02/26-03/25 SVC General Fund Public Works 46.90
2/14/11 02/26-03/25 SVC General Fund Parks & Recreation 145.60
2/14/11 02/26-03/25 SVC Water Utility Water 98.70
2/14/11 02/26-03/25 SVC Water Utility Water 100.25_
TOTAL: 527.31
PERA 2/01/11 P/R DEDUCTS-PERA General Fund NON-DEPARTMENTAL 3,427.25
2/01/11 P/R DEDUCTS-PERA General Fund Administration 328.72
2/01/11 P/R DEDUCTS-PERA General Fund General Government 472.96
2/01/11 P/R DEDUCTS-PERA General Fund Finance 351.83
2/01/11 P/R DEDUCTS-PERA General Fund Planning 373.84
2/01/11 P/R DEDUCTS-PERA General Fund Protective Inspections 255.70
2/01/11 P/R DEDUCTS-PERA General Fund City Engineer 223.71
2/01/11 P/R DEDUCTS-PERA General Fund Public Works 699.83
2/01/11 P/R DEDUCTS-PERA General Fund Streets & Roadways 35.88
2/01/11 P/R DEDUCTS-PERA General Fund Ice & Snow Removal 384.21
2/01/11 P/R DEDUCTS-PERA General Fund Tree Maintenance 5.67
2/01/11 P/R DEDUCTS-PERA General Fund Parks & Recreation 367.34
2/01/11 P/R DEDUCTS-PERA Southshore Communi Senior Community Cente 59.93
2/01/11 P/R DEDUCTS-PERA Water Utility Water 178.14
02-10-2011 02:01 PM C O U N C I L REPORT BY VENDOR - FEBRUARY 14, 2011 PAGE: 6
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
2/01/11 P/R DEDUCTS-PERA Sanitary Sewer Uti Sewer 217.32
2/01/11 P/R DEDUCTS-PERA Recycling Utility Recycling 1.83
2/01/11 P/R DEDUCTS-PERA Stormwater Managem STORMWATER MANAGEMENT 18.70_
TOTAL: 7,402.86
POTTS, KENNETH N. 2/14/11 JAN-PROSECUTIONS General Fund Professional Svcs 2,291.66_
TOTAL: 2,291.66
QWEST 2/14/11 01/25-02/24 SVC General Fund Municipal Buildings 232.25
2/14/11 01/25-02/24 SVC General Fund Public Works 57.03
2/14/11 FEB SVC Water Utility Water 315.23
2/14/11 FEB SVC Water Utility Water 236.43
2/14/11 01/25-02/24 SVC Water Utility Water 66.85
2/14/11 01/25-02/24 SVC Water Utility Water 182.27_
TOTAL: 1,090.06
SHOREWOOD TRUE VALUE 2/14/11 REFL LETTER & NUMBERS General Fund Public Works 37.34
2/14/11 PARTS General Fund Public Works 18.80
2/14/11 BULK General Fund Public Works 2.03
2/14/11 SANTEEN DELIMER/CLEANER General Fund Public Works 33.62
2/14/11 BULK General Fund Parks & Recreation 7.64_
TOTAL: 99.43
SIEMENS WATER TECHNOLOGIES 2/14/11 SCADA COMM-L.S.#15 & 17 Sanitary Sewer Uti Sewer 622.20_
TOTAL: 622.20
SIGN LLC 2/14/11 LOGO TRUCK #78-REPAIR MSA Capital Improv MSA Capital Improvemen 166.88_
TOTAL: 166.88
SO LK MTKA POLICE DEPT 2/14/11 HENN CTY PROCESSING FEE General Fund Police Protection 150.00
2/14/11 FEB-OBE General Fund Police Protection 82,642.00_
TOTAL: 82,792.00
SPEEDWAY SUPERAMERICA LLC 2/14/11 GAS General Fund Public Works 5,500.08_
TOTAL: 5,500.08
STANLEY SECURITY SOLUTIONS, INC. 2/14/11 MANOR PARK-LOCKSET Park Capital Impro Park Capital Improveme 698.60_
TOTAL: 698.60
STAR TRIBUNE 2/14/11 2011 NEWSPAPER General Fund Municipal Buildings 111.80_
TOTAL: 111.80
STATE OF MN DEPT OF PUBLIC SAFETY 2/14/11 BADGER 24255 SMITHTOWN RD Water Utility Water 100.00
2/14/11 BLDR BRDG 28125 BLDR BRDG Water Utility Water 100.00
2/14/11 AMESBURY WELL 20405 KNIGHT Water Utility Water 100.00
2/14/11 SE ARE 5755 COVINGTON RD Water Utility Water 100.00_
TOTAL: 400.00
STONEBROOKE EQUIPMENT, INC. 2/14/11 CUTTING EDGES General Fund Ice & Snow Removal 467.07_
TOTAL: 467.07
SUN NEWSPAPERS 2/14/11 ORD. NO. #473--01/20 General Fund General Government 94.38
2/14/11 ORD. NO. #472 - 01/20 General Fund General Government 174.46_
TOTAL: 268.84
SUN PATRIOT NEWSPAPERS 2/14/11 ORD. NO. 472 General Fund General Government 161.70
02-10-2011 02:01 PM C O U N C I L REPORT BY VENDOR - FEBRUARY 14, 2011 PAGE: 7
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
2/14/11 ORD. NO. 473 General Fund General Government 99.23_
TOTAL: 260.93
THREE RIVERS PARK DISTRICT 2/14/11 TRAIL GROOM PREFORMED-A.F. General Fund Parks & Recreation 225.00_
TOTAL: 225.00
TKDA ENGINEERS ARCHITECTS PLANNERS 2/14/11 DC - NELSINE DR & MEADOWVW Street Capital Imp Street Capt Improvemen 122.10_
TOTAL: 122.10
TOTAL PRINTING SERVICES 2/14/11 FEB NEWSLETTER SVC General Fund General Government 873.80_
TOTAL: 873.80
TWIN CITY WATER CLINIC 2/14/11 AUG BACTERIA ANALYSIS Water Utility Water 100.00_
TOTAL: 100.00
VERIZON WIRELESS 2/14/11 BRAD CELL-12/11-1/10 General Fund Planning 78.68
2/14/11 L.S.-SVC 12/22-01/21 Sanitary Sewer Uti Sewer 249.65_
TOTAL: 328.33
WARNER CONNECT 2/14/11 FEB MAINT General Fund Municipal Buildings 2,800.00_
TOTAL: 2,800.00
WASTE MANAGEMENT OF WI-MN 2/14/11 FEB- SVC General Fund Public Works 351.66
2/14/11 SSCC-AUG SVC Southshore Communi Senior Community Cente 149.44_
TOTAL: 501.10
WELLS FARGO HEALTH BENEFIT SVCS 2/01/11 P/R DEDUCTS-HSA General Fund NON-DEPARTMENTAL 2,874.60
2/01/11 P/R DEDUCTS-HSA General Fund General Government 384.60_
TOTAL: 3,259.20
WENDY FRITZ CONSULTING, LLC 2/14/11 COMMUNITY VISIONING General Fund Council 1,096.00_
TOTAL: 1,096.00
WM. MUELLER & SONS, INC. 2/14/11 JAN ROAD SVC General Fund Streets & Roadways 2,474.11_
TOTAL: 2,474.11
WSB AND ASSOCIATES 2/14/11 DEC-STRAWBERRY LN-SW HOOK Sanitary Sewer Uti Sewer 1,536.00
2/14/11 DEC -LS #15 & 17 Sanitary Sewer Uti Sewer 2,304.00
2/14/11 DEC -5925 GRANT ST DRAINAG Stormwater Managem STORMWATER MANAGEMENT 1,673.00_
TOTAL: 5,513.00
XCEL ENERGY 2/14/11 GAS -11/21-12/26 General Fund Municipal Buildings 534.77
2/14/11 GAS -11/21-12/26 General Fund Police Protection 3.88
2/14/11 GAS -11/21-12/26 General Fund Public Works 481.51
2/14/11 GAS -11/21-12/26 General Fund Traffic Control/Str Li 25.71
2/14/11 GAS -11/21-12/26 General Fund Traffic Control/Str Li 3,277.32
2/14/11 5700 CTY RD 19 General Fund Traffic Control/Str Li 33.00
2/14/11 5700 CTY RD 19 UNIT LIGHTS General Fund Traffic Control/Str Li 237.34
2/14/11 GAS -11/21-12/26 General Fund Parks & Recreation 709.46
2/14/11 SSCC- 06/22-07/24 Southshore Communi Senior Community Cente 835.14
2/14/11 24253 SMITHTOWN RD-12/21-1 Water Utility Water 797.58
2/14/11 GAS -11/21-12/26 Water Utility Water 237.36
2/14/11 GAS -11/21-12/26 Water Utility Water 921.58
2/14/11 GAS -11/21-12/26 Water Utility Water 2,579.56
2/14/11 GAS -11/21-12/26 Sanitary Sewer Uti Sewer 579.95_
TOTAL: 11,254.16
02-10-2011 02:01 PM C O U N C I L REPORT BY VENDOR - FEBRUARY 14, 2011 PAGE: 8
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
ZIEGLER, INC. 2/14/11 CUTTING EDGES General Fund Ice & Snow Removal 1,663.36_
TOTAL: 1,663.36
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 General Fund Administration 4,534.06
General Fund General Government 8,045.96
General Fund Finance 4,852.86
General Fund Planning 5,824.91
General Fund Protective Inspections 3,526.73
General Fund City Engineer 3,085.60
General Fund Public Works 9,652.67
General Fund Streets & Roadways 494.95
General Fund Ice & Snow Removal 5,299.34
General Fund Tree Maintenance 78.15
General Fund Parks & Recreation 8,250.97
Southshore Communi Senior Community Cente 826.56
Water Utility Water 2,457.19
Sanitary Sewer Uti Sewer 2,997.58
Recycling Utility Recycling 25.24
Stormwater Managem STORMWATER MANAGEMENT 257.85_
TOTAL: 60,210.62
=============== FUND TOTALS ================
101 General Fund 244,823.38
402 Park Capital Improvements 698.60
404 Street Capital Improvemen 122.10
405 MSA Capital Improvement 166.88
490 Southshore Community Ctr. 5,586.86
601 Water Utility 14,194.89
611 Sanitary Sewer Utility 76,614.17
621 Recycling Utility 13,869.21
631 Stormwater ManagementUtil 6,404.12
--------------------------------------------
GRAND TOTAL: 362,480.21
--------------------------------------------
TOTAL PAGES: 8
02-10-2011 02:02 PM C O U N C I L REPORT BY DEPARTMENT - FEBRUARY 14, 2011 PAGE: 1
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT_
NON-DEPARTMENTAL General Fund EFTPS - FEDERAL W/H 1/26/11 FEDERAL W/H 43.97
2/01/11 FEDERAL W/H 5,174.75
1/26/11 FICA W/H 92.00
2/01/11 FICA W/H 2,254.78
1/26/11 MEDICARE W/H 31.76
2/01/11 MEDICARE W/H 778.42
PERA 2/01/11 P/R DEDUCTS-PERA 3,427.25
ICMA RETIREMENT TRUST-302131-457 2/01/11 P/R DEDUCTS-DEFERRED COM 1,025.00
2/01/11 P/R DEDUCTS-DEFERRED COM 359.45
AFSCME COUNCIL 5 2/01/11 P/R DEDUCTS - UNION DUES 267.68
MN DEPT OF REVENUE 1/26/11 STATE W/H 27.53
2/01/11 STATE W/H 2,224.78
MISC. VENDOR GIDEON COVE HOMEOWNERS 2/14/11 GIDEON COVE ZONING REFUND 150.00
MN PLUMBING & HEATING, 2/14/11 21710 LILAC LN-DUPLICATE P 35.00
MN PLUMBING & HEATING, 2/14/11 21710 LILAC LN-DUPLICATE P 5.00
MINN NCPERS GROUP LIFE INS 2/01/11 MONTHLY- ELECT LIFE INS 32.00
WELLS FARGO HEALTH BENEFIT SVCS 2/01/11 P/R DEDUCTS-HSA 2,874.60_
TOTAL: 18,803.97
Council General Fund EXCELSIOR ENGRAVING 2/14/11 COUNCIL PLAQUE 139.46
LEAGUE OF MINNESOTA CITIES 2/14/11 MAYOR MEMBERSHIP 20.00
LIZEE, CHRISTINE 2/14/11 02/02 LMCD-SAVE THE LAKE E 50.00
METRO CITIES-ASSN OF METROPOLITAN MUNI 2/14/11 2011 COUNCIL MEMBERSHIP 3,036.00
WENDY FRITZ CONSULTING, LLC 2/14/11 COMMUNITY VISIONING 1,096.00_
TOTAL: 4,341.46
Administration General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 273.34
2/01/11 MEDICARE W/H 63.93
PERA 2/01/11 P/R DEDUCTS-PERA 328.72
MAMA 2/14/11 NOV 17/10 MTG 17.00
HECK, BRIAN 2/14/11 CELL 79.99
2/14/11 MILEAGE 67.00
2/14/11 WELLNESS 40.00
2/14/11 ICMA WEBINAR 149.00
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 4,534.06_
TOTAL: 5,553.04
General Government General Fund EFTPS - FEDERAL W/H 1/26/11 FICA W/H 94.38
2/01/11 FICA W/H 403.51
1/26/11 MEDICARE W/H 22.07
2/01/11 MEDICARE W/H 94.36
PERA 2/01/11 P/R DEDUCTS-PERA 472.96
MIDWEST MAILING SYSTEMS INC 1/26/11 FEB-NEWSLETTER POSTAGE & S 335.87
1/26/11 FEB-NEWSLETTER POSTAGE & S 509.22
OFFICE DEPOT 2/14/11 GEN SUPPLIES 113.62
2/14/11 GEN SUPPLIES 26.30
MN ASSOC. OF GOV'T COMMUNICATORS 2/14/11 JULIE MOORE 2011 MEMBERSHI 60.00
SUN PATRIOT NEWSPAPERS 2/14/11 ORD. NO. 472 161.70
2/14/11 ORD. NO. 473 99.23
WELLS FARGO HEALTH BENEFIT SVCS 2/01/11 P/R DEDUCTS-HSA 384.60
TOTAL PRINTING SERVICES 2/14/11 FEB NEWSLETTER SVC 873.80
SUN NEWSPAPERS 2/14/11 ORD. NO. #473--01/20 94.38
2/14/11 ORD. NO. #472 - 01/20 174.46
02-10-2011 02:02 PM C O U N C I L REPORT BY DEPARTMENT - FEBRUARY 14, 2011 PAGE: 2
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT_
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 8,045.96_
TOTAL: 11,966.42
Finance General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 166.25
2/01/11 MEDICARE W/H 38.87
PERA 2/01/11 P/R DEDUCTS-PERA 351.83
ABDO, EICK & MEYERS, LLP 2/14/11 2010 AUDIT PRELIMINARY REV 3,400.00
NGUYEN, MICHELLE 2/15/11 JAN MILEAGE 103.00
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 4,852.86_
TOTAL: 8,912.81
Professional Svcs General Fund KENNEDY & GRAVEN, CHARTERED 2/14/11 GENERAL 2,121.00
2/14/11 RON JOHNSON 1,371.85
2/14/11 RON JOHNSON LITIGATION 996.19
2/14/11 FIRE DIST LEASE-PURCHASE A 688.75
POTTS, KENNETH N. 2/14/11 JAN-PROSECUTIONS 2,291.66_
TOTAL: 7,469.45
Planning General Fund EFTPS - FEDERAL W/H 1/26/11 FICA W/H 41.44
2/01/11 FICA W/H 291.12
1/26/11 MEDICARE W/H 9.69
2/01/11 MEDICARE W/H 68.08
PERA 2/01/11 P/R DEDUCTS-PERA 373.84
AMERICAN PLANNING ASSOC. 2/14/11 APA CATEGORY F-4/1/09-3/31 438.00
NIELSEN, BRADLEY 2/14/11 CERTS 2011 CONF 90.00
VERIZON WIRELESS 2/14/11 BRAD CELL-12/11-1/10 78.68
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 5,824.91_
TOTAL: 7,215.76
Municipal Buildings General Fund CITIES DIGITAL INC. 2/14/11 2011 LASERFICHE MAINT 6,224.43
CULLIGAN BOTTLED WATER 2/14/11 DRINKING WATER SVC 15.04
G & K SERVICES 2/14/11 CH SVC 119.00
MISC. VENDOR ALL FLAGS, LLC 2/14/11 INV #358819 - FLAGS FOR CI 58.59
ADVANCED IMAGING SOLUTIONS INC 2/14/11 SVC 12/15-01/15 73.55
LADEN'S BUSINESS MACHINES, INC. 2/14/11 COPIER MACHINE MAINT 145.00
PAETEC 2/14/11 02/26-03/25 SVC 135.86
CENTERPOINT ENERGY 2/14/11 GAS SVC 12/20-01/20 349.81
XCEL ENERGY 2/14/11 GAS -11/21-12/26 534.77
STAR TRIBUNE 2/14/11 2011 NEWSPAPER 111.80
QWEST 2/14/11 01/25-02/24 SVC 232.25
WARNER CONNECT 2/14/11 FEB MAINT 2,800.00
CLASSIC CLEANING COMPANY 2/14/11 AUG-C.H. SVC 563.19_
TOTAL: 11,363.29
Police Protection General Fund XCEL ENERGY 2/14/11 GAS -11/21-12/26 3.88
SO LK MTKA POLICE DEPT 2/14/11 HENN CTY PROCESSING FEE 150.00
2/14/11 FEB-OBE 82,642.00_
TOTAL: 82,795.88
Fire Protection General Fund CITY OF MOUND 2/14/11 1ST QTR-FIRE & PROTECTION 6,109.50_
TOTAL: 6,109.50
Protective Inspections General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 192.62
2/01/11 MEDICARE W/H 45.05
PERA 2/01/11 P/R DEDUCTS-PERA 255.70
02-10-2011 02:02 PM C O U N C I L REPORT BY DEPARTMENT - FEBRUARY 14, 2011 PAGE: 3
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT_
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 3,526.73_
TOTAL: 4,020.10
City Engineer General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 190.69
2/01/11 MEDICARE W/H 44.60
PERA 2/01/11 P/R DEDUCTS-PERA 223.71
LANDINI, JAMES 2/14/11 FEB WELLNESS REIM 40.00
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 3,085.60_
TOTAL: 3,584.60
Public Works General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 580.19
2/01/11 MEDICARE W/H 135.68
PERA 2/01/11 P/R DEDUCTS-PERA 699.83
BARNES DISTRIBUTION 2/14/11 NUTS, BOLTS HARDWARE 138.10
CARQUEST AUTO PARTS 2/14/11 WINTER BLADES 42.70
2/14/11 OIL SEAL & BEARINGS 69.45
2/14/11 AUTO BATTERY 75.25
2/14/11 AUTO BATTERY 92.19
G & K SERVICES 2/14/11 PW SVC 983.61
MTI DISTRIBUTING COMPANY 2/14/11 SPROCKET & GEARS-GROUNDMAS 345.21
2/14/11 FUEL & TIRE CHAIN-GROUNDSM 332.94
2/14/11 PTO SHARF & GEAR BOX 397.29
MASON, BRADLEY 2/14/11 BOOT REIM 149.99
PAETEC 2/14/11 02/26-03/25 SVC 46.90
MENARDS 2/14/11 MAILBOX PART 9.92
2/14/11 MAILBOX REPAIR 39.65
AMERICAN MESSAGING 2/14/11 FEB PAGER 16.45
CENTERPOINT ENERGY 2/14/11 GAS SVC 12/20-01/20 1,459.12
XCEL ENERGY 2/14/11 GAS -11/21-12/26 481.51
SHOREWOOD TRUE VALUE 2/14/11 REFL LETTER & NUMBERS 37.34
2/14/11 PARTS 18.80
2/14/11 BULK 2.03
2/14/11 SANTEEN DELIMER/CLEANER 33.62
SPEEDWAY SUPERAMERICA LLC 2/14/11 GAS 5,500.08
QWEST 2/14/11 01/25-02/24 SVC 57.03
CLASSIC CLEANING COMPANY 2/14/11 JAN SVC 316.46
CRYSTEEL TRUCK EQUIPMENT 2/14/11 FRONT PLOW CYLINDER/RAM 533.70
WASTE MANAGEMENT OF WI-MN 2/14/11 FEB- SVC 351.66
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 9,652.67_
TOTAL: 22,599.37
Streets & Roadways General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 30.69
2/01/11 MEDICARE W/H 7.18
PERA 2/01/11 P/R DEDUCTS-PERA 35.88
WM. MUELLER & SONS, INC. 2/14/11 JAN ROAD SVC 2,474.11
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 494.95_
TOTAL: 3,042.81
Ice & Snow Removal General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 313.80
2/01/11 MEDICARE W/H 73.40
PERA 2/01/11 P/R DEDUCTS-PERA 384.21
STONEBROOKE EQUIPMENT, INC. 2/14/11 CUTTING EDGES 467.07
ZIEGLER, INC. 2/14/11 CUTTING EDGES 1,663.36
H & L MESABI 2/14/11 CUTTING EDGES 998.30
02-10-2011 02:02 PM C O U N C I L REPORT BY DEPARTMENT - FEBRUARY 14, 2011 PAGE: 4
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT_
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 5,299.34_
TOTAL: 9,199.48
Traffic Control/Str Li General Fund XCEL ENERGY 2/14/11 GAS -11/21-12/26 25.71
2/14/11 GAS -11/21-12/26 3,277.32
2/14/11 5700 CTY RD 19 33.00
2/14/11 5700 CTY RD 19 UNIT LIGHTS 237.34_
TOTAL: 3,573.37
Tree Maintenance General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 4.53
2/01/11 MEDICARE W/H 1.06
PERA 2/01/11 P/R DEDUCTS-PERA 5.67
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 78.15_
TOTAL: 89.41
Parks & Recreation General Fund EFTPS - FEDERAL W/H 2/01/11 FICA W/H 491.56
2/01/11 MEDICARE W/H 114.95
PERA 2/01/11 P/R DEDUCTS-PERA 367.34
ANDERSON, KRISTI B. 2/14/11 PARK COMM REG MTG 02/08 187.00
MN HELICOPTERS, INC. 2/14/11 R22 DEAR COUNT 767.00
COMMUNITY REC RESOURCES 2/15/11 PCS--01/24-02/11 3,330.00
EGAN-MCKAY ELECTRICAL 2/14/11 2ND QTR 513.00
2/14/11 3RD QTR 513.00
MISC. VENDOR ELISE MARTY KLING 2/14/11 ARCTIC FEVER LOGO --INV#10 50.00
ENESCO, LLC 2/14/11 ARTIC FEVER-FROSTY BEARS 522.00
GROUT, TWILA 2/14/11 ARTIC FEVER EXP 22.36
PAETEC 2/14/11 02/26-03/25 SVC 145.60
CENTERPOINT ENERGY 2/14/11 GAS SVC 12/20-01/20 395.11
2/14/11 MANOR WARMING HOUSE 69.32
XCEL ENERGY 2/14/11 GAS -11/21-12/26 709.46
SHOREWOOD TRUE VALUE 2/14/11 BULK 7.64
THREE RIVERS PARK DISTRICT 2/14/11 TRAIL GROOM PREFORMED-A.F. 225.00
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 8,250.97_
TOTAL: 16,681.31
Unallocated Expenses General Fund MEDICA 2/14/11 FEB MEDICAL 15,893.55
MINNESOTA LIFE 2/14/11 FEB-LIFE INS 543.18
AFSCME CO 5 MEMBERS HEALTH FUND 2/14/11 FEB UNION DENTAL 408.00
2/14/11 JAN UNION L - GREG FASCHIN 51.00
DELTA DENTAL OF MINNESOTA 2/01/11 FEB - DENTAL 605.62_
TOTAL: 17,501.35
Park Capital Improveme Park Capital Impro STANLEY SECURITY SOLUTIONS, INC. 2/14/11 MANOR PARK-LOCKSET 698.60_
TOTAL: 698.60
Street Capt Improvemen Street Capital Imp TKDA ENGINEERS ARCHITECTS PLANNERS 2/14/11 DC - NELSINE DR & MEADOWVW 122.10_
TOTAL: 122.10
MSA Capital Improvemen MSA Capital Improv SIGN LLC 2/14/11 LOGO TRUCK #78-REPAIR 166.88_
TOTAL: 166.88
Senior Community Cente Southshore Communi EFTPS - FEDERAL W/H 2/01/11 FICA W/H 51.24
2/01/11 MEDICARE W/H 11.99
PERA 2/01/11 P/R DEDUCTS-PERA 59.93
COMMUNITY REC RESOURCES 2/15/11 SSCC ASSISTANT-01/24-02/10 354.25
G & K SERVICES 2/14/11 SSCC SVC 50.66
02-10-2011 02:02 PM C O U N C I L REPORT BY DEPARTMENT - FEBRUARY 14, 2011 PAGE: 5
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT_
MISC. VENDOR DEEPAK CHAULAGAI 2/14/11 DAMAGE DEPOSIT REF-WEDDING 125.00
WAYNE ANDERBERG 2/14/11 SSCC-SNOW SHOVEL-01/04-01/ 215.00
MEDIACOM 2/14/11 SSCC-07/16-08/15 SVC 47.95
CENTERPOINT ENERGY 2/14/11 SSCC 06/17-07/22 390.95
MTKA COMMUNITY EDUCATION 2/14/11 SHARED -OILS & ACRYLICS CL 500.00
XCEL ENERGY 2/14/11 SSCC- 06/22-07/24 835.14
DEX ONE 2/14/11 SSCC-NOW ADS 9.75
DREW KRIESEL 2/14/11 JAN SVC 755.00
2/14/11 JAN SUPPLIES 189.00
2/14/11 JAN SVC 680.00
MINNESOTA PUBLISHING 2/14/11 FEB ADS 335.00
WASTE MANAGEMENT OF WI-MN 2/14/11 SSCC-AUG SVC 149.44
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 826.56_
TOTAL: 5,586.86
Water Water Utility EFTPS - FEDERAL W/H 2/01/11 FICA W/H 145.05
2/01/11 MEDICARE W/H 33.92
PERA 2/01/11 P/R DEDUCTS-PERA 178.14
CITY OF CHANHASSEN 2/14/11 018505-000 ACCT SVC ADDRES 56.46
2/14/11 018505-001 ACCT SVC ADDRES 2,712.64
HAWKINS, INC. 2/14/11 CHLORINE 65.00
PAETEC 2/14/11 02/26-03/25 SVC 98.70
2/14/11 02/26-03/25 SVC 100.25
AMERICAN MESSAGING 2/14/11 FEB PAGER 8.23
STATE OF MN DEPT OF PUBLIC SAFETY 2/14/11 BADGER 24255 SMITHTOWN RD 100.00
2/14/11 BLDR BRDG 28125 BLDR BRDG 100.00
2/14/11 AMESBURY WELL 20405 KNIGHT 100.00
2/14/11 SE ARE 5755 COVINGTON RD 100.00
CENTERPOINT ENERGY 2/14/11 GAS SVC 12/20-01/20 149.93
2/14/11 GAS SVC 12/20-01/20 224.40
XCEL ENERGY 2/14/11 24253 SMITHTOWN RD-12/21-1 797.58
2/14/11 GAS -11/21-12/26 237.36
2/14/11 GAS -11/21-12/26 921.58
2/14/11 GAS -11/21-12/26 2,579.56
FERGUSON WATERWORKS 2/14/11 WATER METER PURCHASE 2,128.12
TWIN CITY WATER CLINIC 2/14/11 AUG BACTERIA ANALYSIS 100.00
QWEST 2/14/11 FEB SVC 315.23
2/14/11 FEB SVC 236.43
2/14/11 01/25-02/24 SVC 66.85
2/14/11 01/25-02/24 SVC 182.27
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 2,457.19_
TOTAL: 14,194.89
NON-DEPARTMENTAL Sanitary Sewer Uti METRO COUNCIL ENV.(SAC) 2/14/11 JAN SAC REPORT 4,415.40_
TOTAL: 4,415.40
Sewer Sanitary Sewer Uti EFTPS - FEDERAL W/H 2/01/11 FICA W/H 176.35
2/01/11 MEDICARE W/H 41.24
PERA 2/01/11 P/R DEDUCTS-PERA 217.32
INFRATECH 2/14/11 MH GROUT MANHOLES 2,160.00
2/14/11 CIPP REPAIR @ VINE HILL RD 1,820.00
METRO COUNCIL ENVMT(WASTEWATER) 2/14/11 FEB-WASTE SVC 59,486.26
AMERICAN MESSAGING 2/14/11 FEB PAGER 8.22
XCEL ENERGY 2/14/11 GAS -11/21-12/26 579.95
WSB AND ASSOCIATES 2/14/11 DEC-STRAWBERRY LN-SW HOOK 1,536.00
2/14/11 DEC -LS #15 & 17 2,304.00
02-10-2011 02:02 PM C O U N C I L REPORT BY DEPARTMENT - FEBRUARY 14, 2011 PAGE: 6
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT_
SIEMENS WATER TECHNOLOGIES 2/14/11 SCADA COMM-L.S.#15 & 17 622.20
VERIZON WIRELESS 2/14/11 L.S.-SVC 12/22-01/21 249.65
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 2,997.58_
TOTAL: 72,198.77
Recycling Recycling Utility EFTPS - FEDERAL W/H 2/01/11 FICA W/H 1.57
2/01/11 MEDICARE W/H 0.37
PERA 2/01/11 P/R DEDUCTS-PERA 1.83
ALLIED WASTE SERVICES #894 2/14/11 FEB RECYCLING 13,840.20
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 25.24_
TOTAL: 13,869.21
STORMWATER MANAGEMENT Stormwater Managem EFTPS - FEDERAL W/H 2/01/11 FICA W/H 15.98
2/01/11 MEDICARE W/H 3.74
PERA 2/01/11 P/R DEDUCTS-PERA 18.70
AMERICAN ENGINEERING 2/14/11 COVINGTON STW NOUTFALL 4,434.85
WSB AND ASSOCIATES 2/14/11 DEC -5925 GRANT ST DRAINAG 1,673.00
**PAYROLL EXPENSES 1/26/2011 - 99/99/9999 257.85_
TOTAL: 6,404.12
=============== FUND TOTALS ================
101 General Fund 244,823.38
402 Park Capital Improvements 698.60
404 Street Capital Improvemen 122.10
405 MSA Capital Improvement 166.88
490 Southshore Community Ctr. 5,586.86
601 Water Utility 14,194.89
611 Sanitary Sewer Utility 76,614.17
621 Recycling Utility 13,869.21
631 Stormwater ManagementUtil 6,404.12
--------------------------------------------
GRAND TOTAL: 362,480.21
--------------------------------------------
TOTAL PAGES: 6
COUNCIL ACTION FORM
3B
Department: Planning Council Meeting: 2/14/11 Item Number:
From: Brad Nielsen, Planning Director
Item Description: Shorewood Yacht Club CUP Resolution
Background / Previous Action
At the 24 January Council meeting, staff was directed to prepare a resolution approving a
conditional use permit for the Shorewood Yacht Club, that would allow the Club to rent up to
52 slips for power boats, in addition to the five they already are allowed. (Note, the minutes
from the 24 January meeting mention four boats, but this does not account for the Fire District
boat which is also kept on the site.) A resolution to that effect is attached for your
consideration.
Options
Approve the resolution or modify the resolution.
Staff Recommendation
Approve the resolution.
Council Action:
CITY OF SHOREWOOD
RESOLUTION NO. _______
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR MICHAEL MALONEY AND GABRIEL JABBOUR ALLOWING A CERTAIN
NUMBER OF POWER BOATS AT THE SHOREWOOD YACHT CLUB
WHEREAS
, Michael Maloney and Gabriel Jabbour, (Applicants) are the owners of real
property located at 600 West Lake Street (Subject Property) in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described on Exhibit A, attached; and
WHEREAS
, the Applicants operate a multiple dock facility at the Subject Property
pursuant to a conditional use permit as set forth in City of Shorewood Resolution No. 00-
111, a copy of which is attached as Exhibit B; and
WHEREAS,
City of Shorewood Resolution No. 00-111 specifically limits the water
harboring of boats to sailboats, with the exception of four power boats; and
WHEREAS
, City of Shorewood Resolution No. 00-111 was amended in 2007 by
Resolution No. 07-029 to allow a fifth power boat to be harbored at the property for the use
of the Excelsior Fire District; and
WHEREAS,
the Applicants have requested an amendment to Resolution No. 00-111
that would allow them to use fifty percent of their allowable number of boat slips for water
harboring of power boats; and
WHEREAS
, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission, Mayor
and City Council, dated 29 December 2010, which memorandum is on file at the Shorewood
City Hall; and
WHEREAS
, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 4 January 2011, the minutes
of which meeting are on file at City Hall; and
WHEREAS
, the Applicants’ request was considered by the City Council at its regular
meeting on 24 January 2011, at which time the comments of the City Planner, the minutes of the
Planning Commission, and written testimony of numerous individuals interested in the matter
were reviewed and additional public comments were heard by the Council.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
1. The Subject Property is located on Gideon’s Bay, Lake Minnetonka.
2. The Subject Property currently exists as two parcels of property containing a total of
approximately 2.4 acres and is located in the L-R, Lakeshore Recreational zoning district.
3. Land use and zoning surrounding the Subject Property are as follows:
North: Lake Minnetonka
East: Minnetonka Portable Dredging Company; zoned C-4/S, Service
Commercial/Shoreland
South: County Road 19, then commercial; zoned C-4/S and R-C/S, Residential
Commercial/Shoreland
West: Townhouse common area and single-family residential; zoned P.U.D.,
Planned Unit Development and R-1B/S, Single-Family
Residential/Shoreland
4. Water-harboring of boats is a permitted use within the L-R, Lakeshore Recreational
zoning district.
5. The Subject Property is occupied by the Applicants’ business, which includes a
clubhouse and boat maintenance facility, caretaker dwelling, launch ramp and boat
slips for docking 117 boats, all but five of which are currently limited to sailboats only.
6. The Applicants have offered to devise a system to rent slips first to Shorewood
residents before opening rentals to the general public.
7. The westerly dock located on the Subject Property is configured for 35 boat slips,
designed to accommodate boats up to 30 feet in length.
CONCLUSIONS
A. Based upon the foregoing, the City Council hereby grants the Applicants a Conditional
Use Permit subject to the following:
1. The conditions set forth in Shorewood Resolutions No. 00-111 and No. 07-029
remain in force except as modified herein.
2. In addition to the previously approved five power boats, the Applicants are
allowed to keep no more than 52 power boats, all of which must be kept at pier
#4 and the westerly half of pier #3, the westerly two piers. The Applicants
shall provide a plan specifying where the previously approved five boats will
be docked.
3. Power boats kept at the westerly dock (Pier 4) shall not exceed 30 feet in
length.
4. The Applicants shall submit a detailed written plan, subject to approval by the
Shorewood City Council, demonstrating how residents of Shorewood will be
given first opportunity for boat slips, before slips are offered to the general
public.
2
2
-2-
B. That the City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 14th day of
February 2011.
ATTEST: Scott Zerby, Acting Mayor
Brian Heck, City Administrator/Clerk
3
3
-3-
Description:
Farce= 1: _.
That Fart of Government Lot 2, Section 34, Township 117, Range 23, described
as allows: Beginning at the intersection of the Southerly extension of the
Ea.... line of Lot 24, "Auditor`s Subdivision Number 313, Hennepin County,
Minnesota" with a line drawn parallel with and 25.00 feet Southerly from the
center line of the railroad track of the Chicago and North Western
Transportation Company (formerly the Minneapolis and St. Louis Railway
Company); thence Westerly along said. parallel line a distance of 621.26 feet;
thence Southeasterly 29.64 feet, more or less, to a point which is on a line
drawn parallel with and 50.00 feet Southerly from center line of said railroad
track and 606.53 feet Westerly along the last described parallel line from the
Southerly extension of the East line of said Lot 24; thence Westerly along the
last described parallel line to the West line of said Government Lot 2; thence
South along said West line to the center line of~County Road Number 19; thence
Northeasterly along the center line of County Road Number 19 to the Southerly
extension. of the East line of said Lot 24; thence North along said extension
to the point of beginning. Hennepin County, Mi~nesat'a.
Parcel 2
That part of Government Lot 2, Section 34, Township 11?, Range 23, described
as fo:lows: Beginning at the intersection of the East line of Lot 24,
"Auditor`s Subdivision Number 313, Hennepin County, Minnesota", with a line
drawn parallel with and 18.00 feet Northerly from the center line of the
railroad track of the Chicago and North Western Transportation Company
(formerly the Minneapolis and St. Louis Railway Company); thence Westerly
along said parallel line a distance of 639.27 feet; thence Northwesterly to
tr'" Southwest corner of Lot 25, "Auditors Subdivision Number 313, Hennepin
Cc .cy, Minnesota"; thence East.:rly along the Southerly line of said Lot 25 to
the Southerly extension of the East line of said Lot 24; thence South slang
said extension to the point of beginning.
Except.. that portion of the above parcels 1 and 2 embraced within Lot 29T
Auditor's Subdivision Number 135 Hennepin County, Minnesota.
Parcel~3:
That part of Lot 25 lying Westerly of the following described line:
Commencing at .the Southeasterly corner of Lot 24; thence South along the East
line of said Lot 25 a distance of 24.30 feet; thence deflecting right 79
degrees 25' minutes 40 seconds a distance of 406.48 feats thence defleceting
right 9.~4 degrees 49 minutes 20 seconds to a point on the Southerly lime of
said Lot 25 which is the true point of beginning of the line being described;
thence continuing along last described line to the shore line of Lake
Minnetonka and there ending, "Auditor's Subdivision Number 313, Hennepin
County, Minnesota,"
Together with a 12 foot easement for road purposes, the center line of` which
is described as follows: Commencing at the Southeast earner of Lot 24~ of
said ~luditar's Subdivision; thence South along the $ast line of said Lot 25, a
distance of 24.30 feet to the point of beginning of the line being described;
thence deflecting right X31 degrees 39 minutes a distance of 379.0 feefi:; thence
d~ acting right 58 degrees 52 minutes a distance of 46.06 feet to a paint on
t1-,~ Bast line of above-described property and there ending, as shown in deed
Document Number 105.2891, Files of Registrar of Titles; (as to Farcel ~I}
Parcel 4:
That part of Government Lot 1, Section 34, township 117, Range 23, described
as Lot 293, Auditor's Subdivision No. 135 and adjacent 60 feet of
Minneapolis and St. Paul Suburban Railway abandoned right-of-way (NOTE: Lot
293 all under water).
~~11b1t 1~
CITY OF SHOREWOOD
RESOLUTION NO.00-111
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE
FOR A YACHT CLUB TO MINNETONKA MOORINGS, INC.
WHEREAS, Minnetonka Moorings, Inc. (Applicant) has an interest in certain real
property located at 600 West Lake Street in the City of Shorewood, County of Hennepin, State of
Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to expand the Shorewood Yacht Club, which
currently occupies the property, add an accessory storage building and additional dock slips; and
WHEREAS, the existing Shorewood Yacht Club is a nonconforming use in the R-lA/S
and R-3A/S zoning districts and operates under acourt-ordered conditional use permit which was
issued by the City of Shorewood in Council Resolution 24-79, which resolution is on file in the
Shorewood City offices; and
WHEREAS, the City Council has agreed to rezone the subject property to the L-R,
Lakeshore Recreational District, in which the existing caretaker dwelling on the property and the
outdoor storage of boats require a conditional use permit, pursuant to Section 1201.24 Subd. 4 of
the Shorewood City Code; and
WHEREAS, the Applicant has requested a variance to the setback requirements for on-
site parking on the property; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated 27
September 2000, and 1 November 2000 which memoranda are on file at City Hall; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
1 November 2000, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 3 October 2000, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a conditional use permit and variance was
considered by the City Council at its regular meeting on 13 November 2000, at which time the
Planner's memoranda, the City Engineer's memorandum and the minutes of the Planning
Commission were reviewed and comments were heard by the Council from the City Staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the Subject Property is located in an R-1/A, Single-Family
Residential/Shoreland and R-3A/Multiple-Family Residential/Shoreland zoning district and
contains approximately 4.7 acres.
2. That the subject property currently exists as two parcels of land as described in
Exhibit A, attached hereto and made a part hereof.
3. That the westernmost parcel is currently occupied by three dock structures that
were originally intended for use by certain residents on Timber Lane. The westernmost dock is
accessed by an easement in favor of the owner of the property located at 5585 Timber Lane.
4. That the Shorewood City Council has agreed to rezone the subject property to the
L-R, Lakeshore Recreational District, upon proof of recording of the deed conveying property
described in Exhibit A to Shorewood Yacht Club that shall contain the following language:
"Grantee shall not convey this property to any other person or entity without including in
the conveyance, the property described on the attached Exhibit A (being the property
immediately contiguous to the subject property lying to the east), without prior written
consent of the City of Shorewood."
5. That a clubhouse facility, a caretaker dwelling, a boat launch ramp and boat
docking for 80 sailboats plus 2 management slips currently occupy the site.
6. That, in addition to the water harboring of boats, the Applicant's application
proposes the following activities for the subject property: 1) sailboat rental; 2) sailing school; 3)
incidental boat sales; and 4) storage of weed harvesting equipment.
7. That the Applicant proposes to extend a fourth pier from the westernmost existing
pier on the site, increasing the number of boat slips from 82 to 117.
8. That the Applicant proposes to construct a small pedestrian bridge between the
existing Yacht Club property and the newly acquired westerly parcel.
9. That the Applicant proposes to locate a small sailboat storage rack for the use of a
youth sailing school which will be conducted on the westerly parcel.
10. That the Applicant proposes to erect a boat dock frame and canopy on the
westerly parcel to be used as a shelter for the youth sailing school.
11. That the Applicant's plans show parking for 121 vehicles.
12. That the Applicant's plans are illustrated in the site plans shown on Exhibits B
and C, attached hereto and made a part hereof.
2
13. That the subject property is located on a lake with at least two public accesses and
is at least 5000 feet away from any other multiple dock facility.
14. That the subject property currently displays three signs, whereas the Shorewood
City Code limits the number of signs in the L-R District to two.
15. That the City has no record of complaints of noise in recent years relative to the
subject property.
16. That the Applicant proposes additional landscaping and screening along the west
side of the site, abutting the shoreline of the lake and along the south side of the H.C.R.R.A.
right-of-way and along the south side of the site abutting County Road 19, as shown on Exhibit
D, attached hereto and made a part hereof.
CONCLUSIONS
1. That based upon the foregoing, the City Council. hereby grants the Applicant's
request for a conditional use permit for a sailing yacht club at 600 West Lake Street.
2. That this approval is subject to the following conditions:
a. The Applicant must comply with the requirements of Section 1201.24 of the
Shorewood City Code and must obtain an annual license for the facility, pursuant
to Subd. 10 of that section.
b. The Applicant must obtain a multiple dock license, special density license and
necessary variances from the Lake Minnetonka Conservation District.
c. The permit shall be limited to the docking of sailboats, except for three power
boats used by the management of the Yacht Club. In addition, the dock located at
the westernmost end of the subject property shall be limited to one boat owned by
the residents of 5585 Timber Lane. Weed harvesting equipment shall not count
against the allowable number of power boats.
d. The proposed buildings shall be constructed as shown on Exhibits B and C,
attached hereto and made a part hereof, and must be constructed in compliance
with the Minnesota State Building Code.
Landscaping shall be installed and maintained according to the approved
landscape plan as shown on Exhibit D, attached hereto and made a part hereof.
Landscaping shall be completed by 15 June 2001.
f. Hours of operation shall be as follows:
Sunday through Thursday: 6:00 A.M. to 10:00 P.M.
Friday through Saturday: 6:00 A.M. to 1:00 A.M.
3
g. Dock quiet hours shall be between the hours of 10:00 P.M and 6:00 A.M.
h. Sailboats, when not in use, shall have their halyards secured by such devices as
will minimize any noise that may be caused by them.
Right-of-way shall be given to all barges and work boats being used by the
adjacent dredging company.
Any radios utilized on-board sailboats shall be kept below decks with their
volume at a discreet level.
lz. The Applicant shall install a solid core steel door on the gasoline storage shed, per
the requirements of the Fire Marshall. Gasoline storage shall be limited to that
which is used by the management of the Yacht Club.
1. The shelter for the youth sailing camp shall be a seasonal boat dock canopy to be
taken down at the end of the sailing season.
m. The storage rack for the youth sailing camp shall be located 50 feet back from. the
ordinary high water level of Lake Minnetonka.
n. The access drive from Timber Lane to the westerly portion of the site shall be
gated and locked except for occasional maintenance activities. The driveway
shall not be used as access to the youth sailing camp.
o. No dredging is anticipated as part of this permit. Any future dredging requests
will be subject to normal dredging permit procedures.
p. Any dock pilings to be installed must be driven as opposed to a jetting method.
q. The American Disabilities Act parking spaces must be constructed consistent with
the State Building Code and are subject to the conditions imposed by the Lake
Minnetonka Conservation District.
Curbstones shall be installed for each parking stall. on the site.
The overflow parking area shown on Exhibit B in the southwest corner of the site
is not approved as part of this permit.
Prior to any further work being done on the site, the Applicant must provide in
recorded form, evidence that the deed for the land described in Exhibit A, attached
hereto and made a part hereof, contains the following language:
"Grantee shall not convey this property to any other person or entity without
including in the conveyance, the property described on the attached Exhibit A
(being the property immediately contiguous to the subject property lying to the
east), without prior written consent of the City of Shorewood."
4
u. The Applicant shall submit a signage plan for the property in compliance with the
requirements of the Shorewood City Code.
3. That the Applicants have satisfied the criteria for the grant of a variance under the
Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes.
4. That based upon the foregoing, the City Council. hereby grants to the Applicants a
setback variance for the parking lot as shown on Exhibit B, subject to the conditions set forth
herein.
5. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
November 2000.
/ i
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. SEN, CTING CITY ADMINISTRATOR/CLERK
5
Description:
Farce= 1: _.
That Fart of Government Lot 2, Section 34, Township 117, Range 23, described
as allows: Beginning at the intersection of the Southerly extension of the
Ea.... line of Lot 24, "Auditor`s Subdivision Number 313, Hennepin County,
Minnesota" with a line drawn parallel with and 25.00 feet Southerly from the
center line of the railroad track of the Chicago and North Western
Transportation Company (formerly the Minneapolis and St. Louis Railway
Company); thence Westerly along said. parallel line a distance of 621.26 feet;
thence Southeasterly 29.64 feet, more or less, to a point which is on a line
drawn parallel with and 50.00 feet Southerly from center line of said railroad
track and 606.53 feet Westerly along the last described parallel line from the
Southerly extension of the East line of said Lot 24; thence Westerly along the
last described parallel line to the West line of said Government Lot 2; thence
South along said West line to the center line of~County Road Number 19; thence
Northeasterly along the center line of County Road Number 19 to the Southerly
extension. of the East line of said Lot 24; thence North along said extension
to the point of beginning. Hennepin County, Mi~nesat'a.
Parcel 2
That part of Government Lot 2, Section 34, Township 11?, Range 23, described
as fo:lows: Beginning at the intersection of the East line of Lot 24,
"Auditor`s Subdivision Number 313, Hennepin County, Minnesota", with a line
drawn parallel with and 18.00 feet Northerly from the center line of the
railroad track of the Chicago and North Western Transportation Company
(formerly the Minneapolis and St. Louis Railway Company); thence Westerly
along said parallel line a distance of 639.27 feet; thence Northwesterly to
tr'" Southwest corner of Lot 25, "Auditors Subdivision Number 313, Hennepin
Cc .cy, Minnesota"; thence East.:rly along the Southerly line of said Lot 25 to
the Southerly extension of the East line of said Lot 24; thence South slang
said extension to the point of beginning.
Except.. that portion of the above parcels 1 and 2 embraced within Lot 29T
Auditor's Subdivision Number 135 Hennepin County, Minnesota.
Parcel~3:
That part of Lot 25 lying Westerly of the following described line:
Commencing at .the Southeasterly corner of Lot 24; thence South along the East
line of said Lot 25 a distance of 24.30 feet; thence deflecting right 79
degrees 25' minutes 40 seconds a distance of 406.48 feats thence defleceting
right 9.~4 degrees 49 minutes 20 seconds to a point on the Southerly lime of
said Lot 25 which is the true point of beginning of the line being described;
thence continuing along last described line to the shore line of Lake
Minnetonka and there ending, "Auditor's Subdivision Number 313, Hennepin
County, Minnesota,"
Together with a 12 foot easement for road purposes, the center line of` which
is described as follows: Commencing at the Southeast earner of Lot 24~ of
said ~luditar's Subdivision; thence South along the $ast line of said Lot 25, a
distance of 24.30 feet to the point of beginning of the line being described;
thence deflecting right X31 degrees 39 minutes a distance of 379.0 feefi:; thence
d~ acting right 58 degrees 52 minutes a distance of 46.06 feet to a paint on
t1-,~ Bast line of above-described property and there ending, as shown in deed
Document Number 105.2891, Files of Registrar of Titles; (as to Farcel ~I}
Parcel 4:
That part of Government Lot 1, Section 34, township 117, Range 23, described
as Lot 293, Auditor's Subdivision No. 135 and adjacent 60 feet of
Minneapolis and St. Paul Suburban Railway abandoned right-of-way (NOTE: Lot
293 all under water).
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e a
COUNCIL ACTION FORM
Department Council Meeting Item Number
Administration February 14, 2011 3 - C
From: Brian Heck, City Administrator
Item – Staff / Council Retreat
Description/Background/Previous Action
The City Council authorized the Administrator to speak to a few consultants to facilitate a staff / council
retreat for the purpose of assisting council and staff develop a process for establishing strategic goals
and priorities, how to integrate them with the annual budget process, and methods for checking back
and ensuring progress is made in achieving the priorities.
I spoke to a couple of consultants about what the city is looking for in terms of a facilitator. After talking
to these individuals, I received a proposal from Sharon Klumpp, Senior Vice President, Management and
Consulting, for Springsted. Ms. Klumpp possesses many years of experience working with elected
officials and staff in facilitating strategic planning and priority setting. She also works with city councils
throughout the country assisting in the recruitment and selection of city administrators, managers, and
other key staff. Ms. Klumpp was the consultant Shorewood used in their most recent administrator
search.
The cost for Ms. Klumpp to facilitate the session is $3,000. The council budgeted funds for this program
in their 2011 budget.
Recommendation:
Based on the experience of Ms. Klumpp, I recommend the City Council proceed with the strategic goal
and priority setting with staff and engage Ms. Klumpp to facilitate the sessions. Staff also recommends
holding two half day sessions the mornings of Wednesday, February 23 and Thursday, February 24 at
the Southshore Community Center.
Council Action:
2
RETREAT AGENDA
Wednesday, February 23
8:30 Discussion of current roles and responsibilities – Council, Administrator, Facilitator.
9:30 Expectation and session guidelines
Perspective and setting the stage
10:00 Discussion of Core Values – working off what staff developed in 2009
11:10 Identification of internal and external factors that impact the City’s ability to provide
quality services.
12:00 Identification of strategic issues (as time permits)
Thursday, February 24 Draft – will be finalized based on results from Wednesday’s session.
8:30 Continue identifying strategic issues
9:45 Brainstorm long term issues and challenges
10:40 Development of strategic goals and action plan
11:30 Implementation
Monitoring progress on the action plan
Linking the strategic goals and action plan to the 2012 budget process
Core Values
12:15 Wrap up
Department Council Meeting Item Number
Administration February 14, 2011 3 -D
From: Brian Heck, City Administrator
Item – Lease Purchase Agreement w/ Excelsior Fire District
Description/Background/Previous Action
The Excelsior Fire District Board authorized the department to purchase new Self Contained Breathing
Apparatus (SCBA) in 2011 approximately 3 years ahead of the planned replacement. The original
rotation of the equipment is 15 years. The equipment is out of date and poses safety issues with the
firefighters. Some of the equipment’s safety features do not work properly and one unit failed during a
fire event earlier this year. The chief’s proposal moves the replacement schedule from 15 years to 10
years and utilizes a lease / purchase agreement. The department contacted the firm that provided
previous lease / purchase for trucks and the firm proposed an agreement with a rate of approximately
4.1%.
At the meeting, I suggested the City of Shorewood purchase the equipment on behalf of the fire district
and lease it back over five (5) years at a lower interest rate in order to save the member cities.
Bruce and I met with Dana Young and Chief Scott Gerber on Monday, January 24 to go over the terms,
rate, and other items. The city proposes a five year lease at 2.25%. Payments occur annually on
September 15 starting in 2011. The total cost to the district is $173,654 (principle 164,166 and interest
of 9,488).
Staff suggests paying for the equipment out of the Equipment Fund. Council member Woodruff
suggested staff consider using the Community Investment fund due to the potential impact on the
Equipment fund. Staff considered this, however policies on the use of this fund are not yet established
so we were not comfortable using this fund. All principle and interest will return to the equipment fund.
Attached is the agreement, Appendix A, and Appendix B. Andrew Pratt, bond counsel, Kennedy and
Graven, drafted the agreement.
Options:
The Council may choose to:
1)Accept the terms of the agreement and authorize execution of the agreement and payment for
the equipment;
2)Recommend modifications to the agreement, interest rate, etc, and authorize execution of the
agreement and payment for the equipment;
3)Reject the agreement
Recommendation
Staff recommends Council approve the agreement, authorize execution of the agreement, and authorize
payment from the Equipment Fund.
1
Error! Unknown document property name.
LEASE-PURCHASE AGREEMENT
between
CITY OF SHOREWOOD, MINNESOTA,
as City
and
EXCELSIOR FIRE DISTRICT,
as Lessee
Dated as of February 14, 2011
This instrument drafted by:
KENNEDY & GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
(612) 337-9300
2
Error! Unknown document property name.
TABLE OF CONTENTS
Page
PARTIES AND RECITALS 1
ARTICLE I
Definitions and Exhibits
Section 1.1. Definitions 2
Section 1.2. Exhibits 3
ARTICLE II
Representations, Covenants and Warranties
Section 2.1. Representations, Covenants and Warranties of the District 4
Section 2.2. Representations, Covenants and Warranties of the City 5
ARTICLE III
Acquisition of Fire Equipment
Section 3.1. Acquisition Cost 6
ARTICLE IV
Lease and Sale of Fire Equipment
Section 4.1. Lease and Sale of Fire Equipment 7
Section 4.2. Lease Payments 7
Section 4.3. Additional Lease Payments 7
Section 4.4. Source of Lease Payments 7
Section 4.5. District’s Obligations and Remedies 8
Section 4.6. Possession and Enjoyment 8
Section 4.7. City Access to Fire Equipment 8
ARTICLE V
Term of Lease; Transfer or Surrender of Fire Equipment
Section 5.1. Lease Term 9
Section 5.2. Termination of Lease Term 9
Section 5.3. City’s Interest in the Fire Equipment 9
Section 5.4. Surrender of Fire Equipment 9
Section 5.5. Purchase; Conveyance of Title 9
Section 5.6. Non-Appropriation 9
Section 5.7. Intent to Continue Term; Appropriations 10
Section 5.8. Effect of Termination 10
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ARTICLE VI
General Matters
Section 6.1. Use; Permits 11
Section 6.2. Maintenance and Modification of Fire Equipment by the District 11
Section 6.3. Taxes and Other Governmental Charges 11
Section 6.4. Liens 12
ARTICLE VII
Insurance and Indemnification; Damage, Destruction and Condemnation
Section 7.1. Liability Insurance 13
Section 7.2. Property Insurance 13
Section 7.3. Administration of Claims, Etc. 13
Section 7.4. Other Insurance and Requirements for All Insurance 13
Section 7.5. Indemnification 14
Section 7.6. Damage, Destruction and Condemnation 14
Section 7.7. Cooperation of City14
ARTICLE VIII
Option to Purchase; Option to Prepay
Section 8.1. Option to Purchase or Prepay 15
Section 8.2. Exercise of Option 15
Section 8.3. Prerequisite; No Default 15
ARTICLE IX
Assignment, Subleasing, Indemnification, Mortgaging and Selling
Section 9.1. Assignment by City 16
Section 9.2. Assignment and Subleasing by the District 16
Section 9.3. Restriction on Sale of Fire Equipment by the District 16
ARTICLE X
Events of Default and Remedies
Section 10.1. Events of Default Defined 17
Section 10.2. Remedies on Default 18
Section 10.3. Delay; Notice 18
Section 10.4. No Remedy Exclusive 18
Section 10.5. No Additional Waiver Implied by One Waiver 18
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ARTICLE XI
Administrative Provisions
Section 11.1. Notices 19
Section 11.2. Binding Effect 19
Section 11.3. Severability 19
Section 11.4. Amendments, Changes and Modifications 19
Section 11.5. Further Assurances and Corrective Instruments 19
Section 11.6. Execution in Counterparts 19
Section 11.7. Applicable Law 19
Section 11.8. Authorized Officers 19
Section 11.9. Captions 20
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THIS LEASE-PURCHASE AGREEMENT, dated as of February 14, 2011 (the “Lease”), IS by and
between the CITY OF SHOREWOOD, MINNESOTA, a municipal corporation and political subdivision of
the State of Minnesota (the “City”), as lessor, and the EXCELSIOR FIRE DISTRICT, a joint powers
organization under the laws of the State of Minnesota (the “District”), as lessee;
WITNESSETH
WHEREAS, the District is authorized by law to acquire such items of real and personal property
as are needed to carry out its governmental and proprietary functions, and to acquire such real and
personal property by entering into lease-purchase contracts; and
WHEREAS, the District has determined that it is necessary for it to acquire pursuant to this Lease
the City’s interest in certain fire department equipment (the “Fire Equipment”); and
WHEREAS, the City is willing to provide the funds necessary to acquire the Fire Equipment and
to lease and sell the Fire Equipment to the District, pursuant to this Lease; and
NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the
mutual covenants herein contained, the parties hereto recite and agree as follows:
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ARTICLE I
Definitions and Exhibits
Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this
Section shall, for all purposes of this Lease and Exhibits attached hereto, have the meanings herein
specified:
“Acquisition Cost” means the cost of acquisition of the Fire Equipment from the manufacturer
thereof.
“Additional Lease Payments” means payments due from the District pursuant to Section 4.3
hereof.
“Authorized Officer,” when used with respect to the District, means its Chair, its Fire Chief, or
any other person who is designated in writing by the District as an Authorized Officer for purposes of
this Lease, and when used with respect to the City means its Mayor, its City Administrator, or any other
person who is designated in writing by the City as an Authorized Officer for purposes of this Lease.
“City” means the City of Shorewood, Minnesota.
“District” means the Excelsior Fire District.
“Fire Equipment” means the Fire Equipment leased and sold to the District pursuant to this
Lease, which Fire Equipment is specifically described in Exhibit A attached hereto.
“Fiscal Year” means the twelve-month fiscal period of the City, which commences on January 1
and ends on December 31 in each year.
“Independent,” when used with reference to an attorney, engineer, architect, certified public
accountant, consultant or other professional person, means a person who (i) is in fact independent, (ii)
does not have any material financial interest in the transaction to which such person’s certificate or
opinion relates (other than payment to be received for professional services rendered), and (iii) is not
connected with the City or the District as an officer, director or employee.
“Independent Counsel” means an Independent attorney duly admitted to practice law before
the highest court of any state.
“Lease” means this Lease-Purchase Agreement, between the City, as lessor, and the District, as
lessee, as amended or supplemented from time to time.
“Lease Payment” means each of the payments due from the District to the City on each Lease
Payment Date during the Term of this Lease, as shown on Exhibit B.
“Lease Payment Date” means the date upon which any Lease Payment is due and payable as
provided in Exhibit B.
“Permitted Encumbrances” means, as of any particular time: (i) liens for taxes not then
delinquent, or which the District may, pursuant to provisions of Section 6.3 hereof, permit to remain
unpaid, (ii) this Lease and amendments hereto, and (iii) the City’s interest in the Fire Equipment.
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“Purchase Price” means the amount necessary to pay the outstanding principal portion of Loan
Payments due for the remaining Term of this Lease, as shown on Exhibit B.
“State and Federal Laws” means the Constitution and any law of the State of Minnesota and any
ordinance, rule or regulation of any agency or political subdivision of the State of Minnesota; and any
law of the United States, and any rule or regulation of any executive department or federal agency.
“Term” means the period during which this Lease may remain in effect as specified in Section
5.1.
Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of
this Lease:
Exhibit A: A description of the Fire Equipment.
Exhibit B: The Lease Payments coming due during the Lease Term.
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ARTICLE II
Representations, Covenants and Warranties
Section 2.1. Representations, Covenants and Warranties of the District. The District represents,
covenants and warrants as follows:
(a) The District is authorized under the Constitution and laws of the State of
Minnesota to enter into this Lease and the transactions contemplated hereby, and to perform all of its
obligations hereunder.
(b) Neither the execution and delivery of this Lease, nor the fulfillment of or
compliance with the terms and conditions thereof, nor the consummation of the transactions
contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any
restriction or any agreement or instrument to which the District is now a party or by which the District is
bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any
lien, charge or encumbrance whatsoever upon any of the property or assets of the District.
(c) This Lease is entered into under authority of and pursuant to Minnesota
Statutes, Section 465.71, as amended.
(d) The officers of the District executing this Lease have been duly authorized to do
so.
(e) The District will not pledge or assign this Lease, or its rights, duties and
obligations hereunder to any other person, firm or corporation except as provided under the terms of
this Lease.
(f) Subject to the provisions of Section 5.6 hereof, the District’s administration will
include in the annual budget of the District submitted to its governing body, for each Fiscal Year during
the Lease Term, money sufficient to pay and for the purpose of paying all Lease Payments and
Additional Lease Payments and other obligations of the District under this Lease, and for this purpose
the District will make a reasonable estimate of Additional Lease Payments to become due in the next
fiscal year, and will take all other actions necessary to provide money for the payment of the obligations
of the District under this Lease from sources of the District lawfully available for this purpose.
(g) Except to the extent specifically provided herein, the District is not obligated to
appropriate or otherwise provide money for the payment of the Lease Payments or any other amounts
coming due hereunder; and in the event of non-appropriation or non-renewal by the District, the
District shall not be liable for general, special, incidental, consequential or other damages resulting
therefrom. This Lease does not constitute a general obligation of the District, and the full faith and
credit and taxing powers of the District are not pledged for the payment of the Lease Payments or other
amounts coming due, or other actions required to be performed, hereunder.
(h) The District declares its current need for the Fire Equipment. The District has
determined that the Purchase Price to be paid for the Fire Equipment under this Lease represents the
fair market value of the Fire Equipment; that Lease Payments and Additional Lease Payments hereunder
during the Lease Term represent the fair value of the use of the Fire Equipment, and that the Purchase
Price represents the fair purchase price of the Fire Equipment. The District determines that the Lease
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Payments and Additional Lease Payments do not exceed a reasonable amount so as to place the District
under an economic compulsion to renew this Lease or to exercise its option to purchase the Fire
Equipment hereunder. In making such determinations the District has given consideration to the costs
of the Fire Equipment, the uses and purposes for which the Fire Equipment will be employed by the
District, the benefit to the District by reason of the acquisition of the Fire Equipment pursuant to the
terms and provisions of this Lease and the District’s option to purchase the Fire Equipment. The District
determines and declares that the acquisition of the Fire Equipment and the leasing of the Fire
Equipment pursuant to this Lease will result in facilities of comparable quality and meeting the same
requirements and standards as would be necessary if the acquisition of the Fire Equipment were
performed by the District other than pursuant to this Lease. The District determines and declares that
the period during which the District has an option to purchase the Fire Equipment (i.e., the Term of this
Lease) does not exceed the useful life of the Fire Equipment.
Section 2.2. Representations, Covenants and Warranties of the City. The City represents,
covenants and warrants as follows:
(a) The City is authorized under the Constitution and laws of the State of Minnesota
to enter into this Lease and the transactions contemplated hereby, and to perform all of its obligations
hereunder.
(b) The officers of the City executing this Lease have been duly authorized to do so.
(c) Neither the execution and delivery of this Lease, nor the fulfillment of or
compliance with the terms and conditions thereof, nor the consummation of the transactions
contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any
restriction or any agreement or instrument to which the City is now a party or by which the City is
bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any
lien, charge or encumbrance whatsoever upon any of the property or assets of the City, or upon the Fire
Equipment, except Permitted Encumbrances.
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ARTICLE III
Acquisition of Fire Equipment
Section 3.1. Acquisition Cost. The total Acquisition Cost of the Equipment is estimated to be not
less than $164,000. In order to provide the money needed to pay the Acquisition Cost when due, and in
consideration of the actions agreed to be performed by the District under this Lease, the City has
provided to the District the sum of $164,166.
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ARTICLE IV
Lease and Sale of Fire Equipment
Section 4.1. Lease and Sale of Fire Equipment. The City hereby leases and sells its interest in the
Fire Equipment to the District, and the District hereby leases and purchases the City’s interest in the Fire
Equipment from the City, upon the terms and conditions set forth in this Lease. The sale shall be
completed in accordance with the terms of Section 5.5 hereof.
The Fire Equipment is leased and sold in its present condition without representation or
warranty of any kind by the City, and subject to all applicable legal requirements now or hereafter in
effect.
Section 4.2. Lease Payments. Subject to the provisions of Section 4.4 hereof, the District shall
pay to the City Lease Payments at the times and in the manner specified in the attached Exhibit B. The
Lease Payments shall be paid to the City in lawful money of the United States of America.
Section 4.3. Additional Lease Payments. During the Term of this Lease, the District shall pay or
cause to be paid as Additional Lease Payments the following amounts:
(a) All expenses incurred in connection with the enforcement of any rights under
this Lease by the City.
(b) All other payments of whatever nature which the District has agreed to pay or
assume under the provisions of this Lease (including, without limitation, any amounts advanced under
Section 6.2(b) hereof and interest thereon).
Section 4.4. Source of Lease Payments. Notwithstanding any other provision of this Lease
apparently to the contrary, this Lease shall not constitute a general obligation of the District, and the full
faith and credit of the District are not pledged for the payment of the Lease Payments or the
performance by the District of its obligations hereunder. The Lease Payments and Additional Lease
Payments shall be paid, and other obligations of the District hereunder shall be met, solely from the
amount appropriated by the District’s governing board for such purpose in the District’s annual budget
and shall constitute a current expense of the District for the Fiscal Year then in effect. This Lease shall
not constitute an indebtedness of the District within the meaning of the Constitution and laws of the
State of Minnesota.
Subject to the foregoing provisions of this Section 4.4, so long as this Lease is in effect, the
District shall use any legally available funds to make delinquent and future Lease Payments hereunder.
The other obligations of the District hereunder shall be met solely from one or more of the
following: (a) Net Proceeds of insurance or self-insurance required to be maintained by the District
under Article VII; (b) Net Proceeds of any condemnation award with respect to the Fire Equipment; and
(c) money from time to time appropriated by the District’s governing board for this purpose, provided
that the District’s governing board shall have no legal obligation to appropriate money for this purpose.
Section 4.5. District’s Obligations and Remedies.
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(a) Except as provided in Section 5.6 hereof, the District’s obligation to pay Lease Payments
due with respect to the Fire Equipment, and to perform and observe all other covenants and
agreements of the District contained herein, shall be absolute and unconditional; and the Lease
Payments and Additional Lease Payments due and payable hereunder shall be made without notice or
demand and without set-off, counterclaim, abatement, deduction or defense including, without
limitation, any failure or delay by the City in the performance of any of its obligations hereunder, and
irrespective of whether the District’s or the City’s title thereto or to any part thereof is defective or
nonexistent, and notwithstanding any damage to, loss, theft or destruction of the Fire Equipment or any
part thereof, any failure of consideration, any change in the tax or other laws of the United States of
America, the State of Minnesota or any political subdivision thereof, any change in the City’s legal
organization or status, or any default of the City hereunder, and regardless of the invalidity of any action
of the City, and regardless of the invalidity of any portion of this Lease.
(b) Notwithstanding any provision or covenant contained in this Lease, the District is not
obligated to renew the Lease beyond any Fiscal Year from time to time in effect, nor is it obligated to
budget or appropriate money or to pay Lease Payments or Additional Lease Payments beyond the end
of the Fiscal Year in effect at a given time.
(c) Nothing in this Lease shall be construed to release the City from the performance of any
agreement on its part herein contained or as a waiver by the District of any rights or claims which the
District may have against the City under this Lease or otherwise, but any recovery upon such rights and
claims shall be had from the City separately, it being the intent of this Lease that the District shall be
unconditionally and absolutely obligated to perform fully all of its obligations, agreements and
covenants under this Lease during the Term of this Lease unless sooner terminated in accordance with
Section 5.2 hereof (including the obligation to make Lease Payments and Additional Lease Payments).
The District may, however, at its own cost and expense and in its own name or in the name of the City,
prosecute or defend any action or proceeding or take any other action involving third persons which the
District deems reasonably necessary in order to secure or protect its right of possession and use
hereunder, and in such event the City agrees to cooperate fully with the District and to take all action
necessary to effect the substitution of the District for the City in any such action or proceeding if the
District shall so request.
Section 4.6. Possession and Enjoyment. The City covenants to provide the District during the
Term of this Lease with quiet use and enjoyment of the Fire Equipment, and the District shall during
such Term peaceably and quietly have and hold and enjoy the Fire Equipment, without suit, trouble or
hindrance from the City, except as expressly set forth in this Lease. At the request of the District and at
the District’s cost, the City will join in any legal action in which the District asserts its right to such
possession and enjoyment to the extent the City may lawfully do so.
Section 4.7. City Access to Fire Equipment. The City shall have the right at all reasonable times
to examine and inspect the Fire Equipment, and shall have such rights of access to the Fire Equipment as
may be reasonably necessary to cause the proper maintenance thereof in the event of failure by the
District to perform its obligations hereunder.
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ARTICLE V
Term of Lease;
Transfer or Surrender of Fire Equipment
Section 5.1. Lease Term. Subject to the provisions of Section 5.6 hereof, this Lease shall be in
effect for a Term commencing upon the execution hereof and ending on December 31, 2016.
Section 5.2. Termination of Lease Term. The Term of this Lease will terminate upon the
occurrence of the first of the following events:
(a) non-appropriation by the District pursuant to Section 5.6 hereof;
(b) the payment by the District of the Purchase Price, pursuant to Section 8.1; or
(c) a default by the District and the City’s election to terminate this Lease pursuant
to Article X.
Section 5.3. City’s Interest in the Fire Equipment. Upon payment of all Lease Payments and
Additional Lease Payments due hereunder, or upon prepayment of the Lease Payments and Additional
Lease Payments in accordance with Article VIII hereof, full and unencumbered legal title to the Fire
Equipment shall pass to the District, and the City shall have no further interest therein. In such event
the City and its officers shall take all actions necessary to authorize, execute and deliver to the District
any and all documents necessary to vest in the District all of the City’s right, title and interest in and to
the Fire Equipment, free and clear of all liens, leasehold interests, encumbrances (other than Permitted
Encumbrances), including, if necessary, a release of any and all interests or liens created under the
provisions of this Lease.
Section 5.4. Surrender of Fire Equipment. Upon termination of the Term of this Lease pursuant
to Section 5.2, clause (a) or (c), or upon exercise by the City of its right to take possession of the Fire
Equipment under Section 10.2 hereof, the District shall surrender the Fire Equipment to the City in the
condition in which it was originally received, except as repaired, rebuilt, restored, altered or added to as
permitted or required hereby, ordinary wear and tear excepted.
Section 5.5. Purchase; Conveyance of Title. At any time when the Purchase Price, together with
any unpaid or delinquent interest, has been fully paid or provided for, whether by (i) payment of all
Lease Payments and Additional Lease Payments as provided in Section 5.1 hereof, or (ii) payment of the
Purchase Price as provided in Article VIII hereof, then the purchase of the Fire Equipment by the District
shall be deemed to have been completed. The City shall thereupon deliver to the District such
instruments of conveyance or release as, in the opinion of the District, may be necessary to release the
interests of the City in the Fire Equipment.
Section 5.6. Non-Appropriation. If the governing body of the District does not appropriate or
budget money sufficient to pay the Lease Payments and reasonably estimated Additional Lease
Payments coming due in the next Fiscal Year, as determined by the District’s budget for the Fiscal Year in
question, then the Term of this Lease shall terminate at the end of the then-current Fiscal Year. The
governing body of the District shall effect such non-appropriation by adoption of a resolution specifically
referring to this Lease and determining (i) not to provide money for payments due hereunder in the next
Fiscal Year, and (ii) that the Lease shall terminate at the end of the then-current Fiscal Year, and the
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District shall give the City a written notice of such non-appropriation and shall pay to the City any Lease
Payments and Additional Lease Payments which are due and have not been paid at or before the end of
its then-current Fiscal Year. The District shall endeavor to give as much notice of non-renewal as
possible prior to the end of such Fiscal Year, but in any event the District shall not be required to give
more than twelve (12) months’ notice, and shall notify the City of any anticipated termination. In the
event of termination of this Lease as provided in this Section, the District shall surrender possession of
the Fire Equipment to the City in accordance with Section 5.4 hereof and convey to the City or release its
interest in the Fire Equipment within ten (10) days after the expiration of the then-current term.
Section 5.7. Intent to Continue Term; Appropriations. The District presently intends to continue
this Lease for its entire Term and to pay all Lease Payments specified in Exhibit B and Additional Lease
Payments. The District reasonably believes that money in an amount sufficient to make all such Lease
Payments and Additional Lease Payments can and will lawfully be appropriated or budgeted and made
available.
Section 5.8. Effect of Termination. Upon termination of this Lease as provided in Section 5.6
hereof, the District shall not be responsible for the payment of any Lease Payments or Additional Lease
Payments coming due with respect to succeeding Fiscal Years, but if the District has not delivered
possession of the Fire Equipment to the City in accordance with Section 5.4 hereof and conveyed to the
City or released its interest in the Fire Equipment within ten (10) days after the termination date, the
termination shall nevertheless be effective, but the District shall be responsible for the payment of
damages in an amount equal to the amount of the Lease Payments thereafter coming due under Exhibit
B and Additional Lease Payments which are attributable to the number of days during which the District
fails to take such actions and for any other loss suffered by the City as a result of the District’s failure to
take such actions as required. The District shall be required to pay over to the City any money, which it
has appropriated or budgeted for the purpose of paying obligations under this Lease for any Fiscal Years
preceding the Fiscal Year for which non-renewal under Section 5.6 is effective.
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ARTICLE VI
General Matters
Section 6.1. Use; Permits. The District shall exercise due care in the use, operation and
maintenance of the Fire Equipment, and shall not use, operate or maintain the Fire Equipment
improperly, carelessly, in violation of any State and Federal Law or for a purpose or in a manner contrary
to that contemplated by this Lease. The District shall obtain or cause to be obtained all permits and
licenses necessary for the operation, possession and use of the Fire Equipment. The District shall
comply with all State and Federal Laws applicable to the operation, possession and use of the Fire
Equipment, and if compliance with any such State and Federal Law requires changes or additions to be
made to the Fire Equipment, such changes or additions shall be made by the District at its expense.
Section 6.2. Maintenance and Modification of Fire Equipment by the District. During the Term
of this Lease the District shall, at its own expense, maintain, preserve and keep the Fire Equipment in
good repair, working order and condition, and shall from time to time make all repairs, replacements
and improvements necessary to keep the Fire Equipment in such condition. The City shall have no
responsibility for any of these repairs, replacements or improvements. In addition, the District shall, at
its own expense, have the right to remodel the Fire Equipment or to make additions, modifications and
improvements thereto. All such additions, modifications and improvements shall thereafter comprise
part of the Fire Equipment and be subject to the provisions of this Lease. Such additions, modifications
and improvements shall not in any way damage the Fire Equipment; and the Fire Equipment, upon
completion of any additions, modifications and improvements made pursuant to this Section, shall be of
a value not less than the value of the Fire Equipment immediately prior to the making of such additions,
modifications and improvements. The District will not permit any lien to be established or remain
against the Fire Equipment for labor or materials furnished in connection with any additions,
modifications, improvements, repairs, renewals or replacements made by the District pursuant to this
Section; provided that if any such lien is established and the District shall first notify the City of the
District’s intention to do so, the District may in good faith contest any lien filed or established against
the Fire Equipment, and in such event may permit the items so contested to remain undischarged and
unsatisfied during the period of such contest and any appeal therefrom unless the City shall notify the
District that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of the
City in the Fire Equipment will be materially endangered or the Fire Equipment or any part thereof will
be subject to loss or forfeiture, in which event the District shall promptly pay and cause to be satisfied
and discharged all such unpaid items or provide the City with full security against any such loss or
forfeiture, in form satisfactory to the City. The City will cooperate fully with the District in any such
contest, upon the request and at the expense of the District.
Section 6.3. Taxes and Other Governmental Charges. During the Term of this Lease the District
shall also pay or cause to be paid when due all taxes and governmental charges of any kind whatsoever
which may at any time be lawfully assessed or levied against or with respect to the Fire Equipment or
the Lease Payments, and which become due during the Term of this Lease with respect thereto.
The District may, at the District’s expense and in the District’s name, in good faith contest any
such taxes and other charges, and, in the event of any such contest, may permit the taxes or other
charges so contested to remain unpaid during the period of such contest and any appeal therefrom
unless the City shall notify the District that, in the opinion of Independent Counsel, by nonpayment of
any such items the interest of the City in the Fire Equipment will be materially endangered or the Fire
Equipment or any part thereof will be subject to loss or forfeiture, in which event the District shall
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promptly pay such taxes, assessments or charges or provide the City with full security against any loss
which may result from nonpayment, in form satisfactory to the City.
Section 6.4. Liens. The District shall not, directly or indirectly, create, incur, assume or suffer to
exist any pledge, lien, charge, encumbrance or claim on or with respect to the Fire Equipment, except
the respective rights of the City and the District as herein provided and Permitted Encumbrances.
Except as expressly provided in this Article, the District shall promptly, at its own expense, take such
action as may be necessary to duly discharge or remove any such pledge, lien, charge, encumbrance or
claim if the same shall arise at any time. The District shall reimburse the City for any expense incurred
by it in order to discharge or remove any such pledge, lien, charge, encumbrance or claim.
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ARTICLE VII
Insurance and Indemnification;
Damage, Destruction and Condemnation
Section 7.1. Liability Insurance. During the Term of this Lease the District shall procure and
maintain continuously in effect with respect to the Fire Equipment, insurance against liability for injuries
to or death of any person or damage to or loss of property arising out of or in any way relating to the
maintenance, use or operation of the Fire Equipment in amounts not less than the District’s tort liability
limits under Minnesota Statutes, Chapter 466 for death of or personal injury to any one person, in
amounts not less than the District’s tort liability limits under Minnesota Statutes, Chapter 466 for all
personal injuries and deaths arising out of any one occurrence, and in amounts not less than the
District’s tort liability limits under Minnesota Statutes, Chapter 466 for property damage arising out of
any one occurrence. It is understood that with respect to persons or entities other than the City, this
insurance covers any and all liability of the District and its officers, employees and agents. As an
alternative to the purchase of liability insurance, the District may self-insure against such liabilities in
accordance with the provisions of applicable law. Policies of commercial insurance may include
deductibles of no more than ten percent (10%) of policy amounts.
Section 7.2. Property Insurance. During the Term of this Lease, the District shall procure and
maintain continuously in effect, to the extent of the full insurable value of the Fire Equipment, in an
amount at least equal to the Purchase Price in effect from time to time, insurance against loss from or
damage by vandalism and fire, with a uniform standard extended coverage endorsement limited only as
may be provided in the standard form of extended coverage endorsement at the time in use in the State
of Minnesota, in such amount as will be at least sufficient so that a claim may be made for the full
replacement cost of any part thereof damaged or destroyed. All policies (or endorsements or riders)
evidencing insurance required in this Section shall be carried in the names of the District and the City as
their respective interests may appear.
Section 7.3. Administration of Claims, Etc. Neither the District nor the City shall be required to
prosecute any claim against or contest any settlement proposed by any insurer, but any of them may
prosecute any such claim or contest any such settlement. In the event of a contest by the District, it
shall be at the District’s expense, and the District may bring such claim or contest in the name of the
City, the District or both, and the City will join therein at the District’s written request upon the receipt
by the City of an indemnity from the District against all costs, liabilities and expenses in connection with
such claim or contest.
Section 7.4. Other Insurance and Requirements for All Insurance. All insurance required by this
Article may be carried under a separate policy or a rider or endorsement; shall be taken out and
maintained with responsible insurance companies organized under the laws of one of the states of the
United States and qualified to do business in the State of Minnesota; shall contain a provision that the
insurer shall not cancel or revise coverage thereunder without giving written notice to the District and
the City at least thirty (30) days before the cancellation or revision becomes effective; and shall name
the District and the City as insured parties. The insurance required by Sections 7.1 and 7.2 hereof may
be provided by the District pursuant to an umbrella policy which provides coverage for the amounts and
the insurable incidents provided in such Sections. Annually, the District shall deposit with the City
policies evidencing any such insurance procured by it, or a certificate or certificates of the respective
insurers stating that such insurance is in force and effect, along with a certificate from an insurance
consultant stating that all insurance complies with the requirements of this Article VII. Before the
13
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expiration of any such policy, the District shall furnish to the City evidence that the policy has been
renewed or replaced by another policy conforming to the provisions of this Article, unless such
insurance is no longer obtainable, in which event the District shall file its self-insurance plan with the
City.
Section 7.5. Indemnification. As between the City and the District, to the extent permitted by
the laws of the State of Minnesota, the District assumes all risks and liabilities, whether or not covered
by insurance, for loss or damage to the Fire Equipment and for injury to or death of any person or
damage to any property, whether such injury or death be with respect to agents or employees of the
District, the City or of third parties, and whether such property damage be to the District’s or the City’s
property or the property of others, which is proximately caused by the negligent conduct of the District,
its officers, employees, agents and lessees, or arising out of the operation, maintenance or use of the
Fire Equipment by the District, its officers, employees, agents and lessees. The District hereby assumes
responsibility for and agrees to reimburse the City for all liabilities, obligations, losses, damages,
penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind
and nature, imposed on, incurred by or asserted against the City or its officers or employees that in any
way relate to or arise out of a claim, suit or proceeding based in whole or in part on the foregoing, to the
maximum extent permitted by law.
Section 7.6. Damage, Destruction and Condemnation. If the Fire Equipment or any portion
thereof is destroyed (in whole or in part) or is damaged by fire or other casualty or title to or the
temporary use of the Fire Equipment, or the interest of the District or the City in the Fire Equipment, the
District shall be obligated to continue to pay the Lease Payments and Additional Lease Payments due
with respect to the Fire Equipment.
Section 7.7. Cooperation of City. The City shall cooperate fully with the District at the expense
of the District in filing any proof of loss with respect to any insurance policy covering the casualties
described in Section 7.6 hereof and in the prosecution or defense of any prospective or pending
condemnation proceeding with respect to the Fire Equipment or any part thereof and will, to the extent
it may lawfully do so, permit the District to litigate in any proceeding resulting therefrom in the name of
and on behalf of the City. In no event will the City voluntarily settle, or consent to the settlement of, any
proceeding arising out of any insurance claim with respect to the Fire Equipment or any part thereof
without the written consent of the District.
(The remainder of this page is intentionally left blank.)
14
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ARTICLE VIII
Option to Purchase; Option to Prepay
Section 8.1. Option to Purchase or Prepay. The District shall have the option to prepay unpaid
Prepayments may occur on any
Lease Payments and Additional Lease Payments, in whole or in part.
date lease payments are due.
Section 8.2. Exercise of Option. The District shall give notice to the City of its intention to
exercise its purchase or prepayment option not less than thirty (30) days in advance of the date of
prepayment or purchase, and shall pay to the City on the date of prepayment or purchase the
prepayment amount or (in the event of a purchase) an amount equal to the then current Purchase Price,
plus unpaid interest accrued on the Purchase Price since the preceding Lease Payment Date at the rate
specified in Exhibit B hereof.
Section 8.3. Prerequisite; No Default. The District may exercise the rights specified in Sections
8.1 and 8.2 only if it is not in default under this Lease or if the exercise of such rights cures any default
that then exists.
(The remainder of this page is intentionally left blank.)
15
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ARTICLE IX
Assignment, Subleasing, Indemnification,
Mortgaging and Selling
Section 9.1. Assignment by City. The City’s rights and obligations under this Lease, including the
right to receive and enforce payment of the Lease Payments and Additional Lease Payments to be made
by the District under this Lease and its interest in the Fire Equipment, may be assigned, pledged or
transferred, in whole or in part, at any time. The City shall give notice to the District of any such
assignment, pledge or transfer.
Section 9.2. Assignment and Subleasing by the District. The rights and obligations of the District
under this Lease may not be assigned by the District without the written consent of the City.
Section 9.3. Restriction on Sale of Fire Equipment by the District. Without the prior written
consent of the City, the District will not sell, assign, transfer or convey the Fire Equipment or any portion
thereof during the Term of this Lease.
(The remainder of this page is intentionally left blank.)
16
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ARTICLE X
Events of Default and Remedies
Section 10.1. Events of Default Defined. Any one or more of the following events shall be an
“Event of Default” under this Lease:
(a) Failure by the District to pay any Lease Payment, Additional Lease Payment, or
other payment required to be paid hereunder at the time and from the sources specified herein.
(b) Failure by the District to observe and perform any covenant, condition or
agreement on its part to be observed or performed, other than as referred to in clause (a) of this
Section, for a period of sixty (60) days after written notice specifying such failure and requesting that it
be remedied has been given to the District by the City, unless the City shall agree in writing to an
extension of such time prior to its expiration; provided, however, if the failure stated in the notice
cannot be corrected within the applicable period, the City shall not unreasonably withhold its consent to
an extension of such time if corrective action is instituted by the District within the applicable period and
diligently pursued until the default is corrected.
(c) The occurrence of any of the following events:
(i) The District shall (a) apply for or consent to the appointment of, or the taking of
possession by, a receiver, custodian, trustee, liquidator or the like of the District or of all or a substantial
part of its property, (b) commence a voluntary case under the Federal Bankruptcy Code (as now or
hereafter in effect), or (c) file a petition seeking to take advantage of any other law relating to
bankruptcy, insolvency, reorganization, winding-up or composition or adjustment of debts; or
(ii) A proceeding or case shall be commenced, without the application or consent of
the District, as the case may be, in any court of competent jurisdiction, seeking (a) the liquidation,
reorganization, dissolution, winding-up, or the composition or adjustment of debts, of the District, (b)
the appointment of a trustee, receiver, custodian, liquidator or the like of the District, or (c) similar relief
in respect of the District under any law relating to bankruptcy, insolvency, reorganization, winding-up or
composition or adjustment of debts, and such proceeding or case has not been dismissed within sixty
(60) days of the filing thereof.
The provisions of Section 10.1(b) are subject to the following limitation: if by reason of force
majeure either party is unable in whole or in part to carry out its obligations under this Lease, it shall not
be deemed in default during the continuance of such inability or during any other delays which are a
direct consequence of the force majeure inability, and the time for such performance shall be extended
to cover such delays. The term “force majeure” as used herein shall mean, without limitation, the
following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders
or restraints of any kind of the government of the United States of America or any of its departments,
agencies or officials, or any civil or military authority, or the State of Minnesota or any of its
departments, agencies or officials; insurrections; riots; landslides; earthquakes; fires; storms; droughts;
floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause
or event not reasonably within the control of a party and not resulting from its negligence. Each party
agrees, however, to remedy with all reasonable dispatch the cause or causes preventing it from carrying
out its agreements.
17
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Section 10.2. Remedies on Default. Whenever any Event of Default shall have happened and be
continuing, the City may take, but only upon not less than five (5) days’ written notice to the District,
one or any combination of the following remedial steps:
(a) Without terminating this Lease, take possession of the Fire Equipment and
exclude the District from using it until the Event of Default is cured; or
(b) Subject to the provisions of Section 5.6 hereof, take any action at law or in
equity which may appear necessary or desirable to: (i) collect the Lease Payments and Additional Lease
Payments then due for the Fiscal Year then in effect; (ii) collect any Lease Payments and Additional
Lease Payments to become due and payable during the current Fiscal Year; or (iii) enforce performance
and observance of any obligation, agreement or covenant of the District under this Lease; or
(c) Terminate the Term of this Lease, exclude the District from possession of the
Fire Equipment, and use its best efforts to lease or sell the Fire Equipment to another for the account of
the District, holding the District liable for the difference between the rentals received and the Lease
Payments and Additional Lease Payments which would have been receivable hereunder for the Fiscal
Year then in effect.
Section 10.3. Delay; Notice. No delay or omission to exercise any right or power accruing upon
any default shall impair any such right or power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as often as may be deemed expedient. In
order to entitle any party to exercise any remedy reserved to it in this Lease it shall not be necessary to
give any notice, other than such notice as may be required in this Lease.
Section 10.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is
intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every
other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or
omission to exercise any right or power accruing upon any default shall impair any such right or power
or shall be construed to be a waiver thereof, but any such right and power may be exercised from time
to time and as often as may be deemed expedient.
Section 10.5. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Lease is breached by either party and thereafter waived by the other party, such
waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other
breach hereunder.
18
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ARTICLE XI
Administrative Provisions
Section 11.1. Notices. All notices, certificates or other communications hereunder shall be
sufficiently given and shall be deemed given when delivered or deposited in the United States mail in
certified or registered form with postage fully prepaid:
If to the District: Excelsior Fire District
24100 Smithtown Road
Shorewood, Minnesota 55331
If to the City: City of Shorewood, Minnesota
5575 Country Club Road
Shorewood, Minnesota 55331
The District or the City, by notice given hereunder, may designate different addresses to which
subsequent notices, certificates or other communications will be sent.
Section 11.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon
the City and the District and their respective successors and assigns.
Section 11.3. Severability. In the event any provision of this Lease shall be held invalid or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 11.4. Amendments, Changes and Modifications. This Lease may be amended or any of
its terms modified only by written amendment authorized and executed by the District and the City;
provided that no such amendment shall be effective without the consent of any person or entity to
whom the rights of the City to receive Lease Payments due hereunder has been assigned.
Section 11.5. Further Assurances and Corrective Instruments. The City and the District agree
that they will, if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged
and delivered, such supplements hereto and such further instruments as may reasonably be required for
correcting any inadequate or incorrect description of the Fire Equipment or for carrying out the
expressed intention of this Lease.
Section 11.6. Execution in Counterparts. This Lease may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
Section 11.7. Applicable Law. This Lease shall be governed by and construed in accordance with
the laws of the State of Minnesota.
Section 11.8. Authorized Officers. Whenever under the provisions of this Lease the approval of
the City or the District is required, or the City or the District is required to take some action at the
request of the other, such approval of such request shall be given for the City or for the District by an
Authorized Officer, and any party hereto shall be authorized to rely upon any such approval or request.
19
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Section 11.9. Captions. The captions or headings in this Lease are for convenience only and in
no way define, limit or describe the scope or intent of any provisions or Sections of this Lease.
20
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IN WITNESS WHEREOF, the City has caused this Lease to be executed in its name by its duly authorized
officers and sealed with its corporate seal, and the District has caused this Lease to be executed in its
name by its duly authorized officers, as of the date first above written.
CITY OF SHOREWOOD, MINNESOTA,
as Lessor
By
Its Mayor
By
Its City Administrator
21
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EXCELSIOR FIRE DISTRICT,
as Lessee
By
Its Chair
By
Its Fire Chief
22
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EXHIBIT A
Description of Fire Equipment
Error! Unknown document property name.
COUNCIL ACTION FORM
EXHIBIT B
Schedule of Lease Payments
Original Principal Amount: $164,166
Interest Rate: 2.25%
Total Purchase Price
Payment Due Date Principal Interest Payment (After Payment)
September 15, 2011 32,727 2,003.72 34,730.72 131,439
September, 15 2012 31,765 2,965.48 34,730.48 99,674
September 15, 2013 32,488 2,242.67 34,730.67 67,186
September 15, 2014 33,219 1,511.69 34,730.69 33,967
September 15, 2015 33,967 764.26 34,731.26 0
164,166 9,487.81 173,653.81
Council Action:
COUNCIL ACTION FORM
8A
Department: Planning Council Meeting: 2/14/11 Item Number:
From: Brad Nielsen, Planning Director
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 1 June 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
COUNCIL ACTION FORM
Department Engineering Council Meeting 2/14/11 Item Number: 9A
From: James Landini, P.E.
Item Description:
Murray Hill Rd Drainage Improvement Project
Background / Previous Action
The City of Shorewood investigated & created a report on drainage problem areas in 2005 and 2006.
Drainage problem area #1 – 6180 Murray Hill Rd was incorporated into the 2011 Capital Improvement
Program. The report classifies the problem as private nuisance with limited public responsibility. There
are 6 residences in the Shorewood portion of the drainage area; I do not have information for
Chanhassen.
The site is the intersection of Summit Ave and Murray Hill Rd. Both streets have steep grades without
any storm sewer. The precipitation runoff flows down both roads to the intersection and flows into the
yard of 6180 Murray Hill Rd. Most of the runoff collects in a wetland to the south of the home and
overflows through a, poor condition, ditch along Chaska Rd. making its way to a large wetland in the NE
quadrant of Mayflower Rd and Chaska Rd.
The original report recommended 3 options. Two of the three options appear to have been
implemented. The third option was to install storm sewer to the wetland south of the home, but upon a
visit in 2010 and tour with the homeowner, this path isn’t desirable. A new concept was devised to
intercept the runoff in a storm sewer and convey it directly to the wetland in the NE quadrant of
Mayflower Rd. and Chaska Rd. The concept sketch is attached for your use.
Staff seeks direction on the 2011 Capital Improvement Project Murray Hill Rd drainage improvement
project. Currently the 2011 budget has $151,900 earmarked for this drainage improvement project.
Options
1.Direct staff to create plans and specifications to bid the job.
2.Direct staff to end the project.
3.Do nothing.
Staff Recommendation
Staff recommends Council provide direction to create plans and specifications for construction in 2011.
Council Action:
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COUNCIL ACTION FORM
Department Date Council Meeting Item Number
#10A
Administration 2/10/11 2/14/11
From: Brian Heck, City Administrator
Item Description
:
Planning Commission Appointments
Background / Previous Action:
Earlier this evening, the City Council interviewed the following candidates for the Planning Commission:
A.Stephen P. Charbonnet, 26115 Shorewood Oaks Drive
B.Michael Garelick, 6060 Pond View Drive
C.Dustin Maddy, 26005 Smithtown Lane
D.Amy Berg, 5235 Shady Lane
E.Kevin Fluegel, 6035 Galpin Lake Road
Council will need to announce which two candidates have been selected to fill the two openings on the
Planning Commission for the term March 1, 2011 – February 28, 2014.
Staff Recommendation
A motion to adopt a Resolution making Planning Commission appointments as determined by Council.
Council Action:
CITY OF SHOREWOOD
RESOLUTION NO. 11-_______
A RESOLUTION MAKING PLANNING COMMISSION APPOINTMENTS
WHEREAS,
the City of Shorewood has advertised for Shorewood residents to apply to
serve on the Planning Commission; and
WHEREAS,
the City Council did complete the selection procedure for appointment to
said Commission,
NOW, THEREFORE BE IT RESOLVED
that the City Council of the City of
Shorewood hereby makes the following appointments to the Planning Commission effective
March 1, 2011, with the term expiration as indicated:
Planning Commission:
Member Term
1. February 28, 2014
2. February 28, 2014
Said appointments complete the seven member Planning Commission which consists of the
following additional members:
Member Term
3.Pat Arnst February 29, 2012
4.Ed Hasek February 29, 2012
5.Thomas Geng February 28, 2013
6.David Hutchins February 28, 2013
7.Sue Davis February 28, 2013
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 14th
day of February, 2011.
Scott Zerby, Acting Mayor
ATTEST:
Brian Heck, City Administrator/Clerk
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-474-3236
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
To: Mayor and City Council
From: Twila Grout – Administrative Assistant
Julie Moore – Communication Coordinator
Kristi Anderson – Contract Park Coordinator
Date: February 9, 2011
Re:
Step To It Challenge
Hennepin County met with all cities that are participating in the “Step To It Challenge” last week to go over
the program. There are 21 cities participating in the challenge. Attached is the list of cities participating in
the program.
Partners for this program are Hennepin County municipalities, Hennepin County Public Health Promotion
and Active Living, Minnesota Twins and SHIP (Statewide Health Improvement Program).
One to two routes should be chosen and they should be ½ to 2 mile routes. A walk ability assessment will
be done in early March.
ththst
The program starts May 9 through June 5. Registration will begin April 1, which participants can sign up
on the Step To It web site at www.steptoit.org.
Each city will receive and be responsible to award 5 pairs of Minnesota Twin tickets. One pair will be given
to the person with the highest step total. Four pairs of tickets will be given to four individuals that will be
randomly drawn from a list of those who participated all 4 weeks of the challenge. Hennepin County will
identify the highest step total winner of each city. They can also identify the random drawing winners if the
city chooses to.
One winner that is randomly drawn will get to raise the Twin territory flag or throw out the first pitch. The
top stepper from each city will be honored by the Minnesota Twins on the field at the game.
A separate challenge can also be held among mayors and city councils with some of the participating cities.
They can win either “Most Steps Walked by a City Council” or “Highest Average Number of Steps per
Councilmember”. Some cities have a kick-off event to promote the Step To It Challenge.
Representatives from Minnetonka, Mound, Shorewood and Minnetonka Community Ed met to work
th
together on a kick-off event. The kick-off will be on May 9 starting at 5:30 at the Minnetonka High
School track. Mound is checking to see if they can host their kick-off at Westonka High School. The
committee is working on snacks and door prizes for the kick-off. We are hoping the Mayors and councils
will to participate in the kick-off event. We are going to see if the Twins mascot could be present at both
th
locations for the kick-offs. We will be meeting again on March 24 to go over the event.
Hennepin County will provide PDF’s of brochures and posters. They will also provide printed posters,
brochure holder, Step To It route signs, and a Step To It banner for new cities.
#
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
February 14 — 7:00 P.M.
PUBLIC SIGN -IN SHEET
For the record, please print your name and address below. Thank you.
Name Address
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