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12-10-12 CC Reg Mtg Agenda COUNCIL ACTION FORM Department Council Meeting Item Number Finance December 10, 2012 3A Item Description: Verified Claims From: Michelle Nguyen Bruce DeJong Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 53773 through 53817 totaling $297,055.89. Staff Recommendation Staff recommends approval of the claims list. 12/06/2012 12:16 PM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE:11/27/2012 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 12/04/2012 000000 9,893.03 00092 MN DEPT OF REVENUE D 12/04/2012 000000 1,867.51 20005 WELLS FARGO HEALTH BENEFIT SVC D 12/04/2012 000000 1,424.60 00086 AFSCME COUNCIL 5 - UNION R 12/04/2012 053773 305.92 00053 ICMA RETIREMENT TRUST-302131-4 R 12/04/2012 053774 1,295.96 16625 NCPERS MINNESOTA R 12/04/2012 053775 32.00 00052 PERA R 12/04/2012 053776 6,113.37 29306 ALLIED WASTE SERVICES #894 R 12/10/2012 053778 13,741.20 16275 AMERICAN MESSAGING R 12/10/2012 053779 6.40 29412 BUDGET PRINTING AND AWARDS R 12/10/2012 053780 26.82 04081 CARQUEST AUTO PARTS R 12/10/2012 053781 130.02 17300 CENTERPOINT ENERGY R 12/10/2012 053782 760.14 26100 CENTURY LINK R 12/10/2012 053783 328.72 17400 CITY OF MINNETONKA R 12/10/2012 053784 649.42 29271 DREW KRIESEL R 12/10/2012 053785 501.00 07383 ELECTRICAL INSTALLATION & MAIN R 12/10/2012 053786 2,078.17 1 FUN2RAISE MARKETING & EVENTS R 12/10/2012 053787 533.30 08712 G & K SERVICES R 12/10/2012 053788 1,195.68 10000 GROUT, TWILA R 12/10/2012 053789 135.00 27400 HD SUPPLY WATERWORKS, LTD. R 12/10/2012 053790 128.25 10500 HENN CTY TREAS. COMM CORRECTIO R 12/10/2012 053791 324.00 1 JEFFERSON FIRE & SAFETY, INC R 12/10/2012 053792 3,266.08 12/06/2012 12:16 PM A/P HISTORY CHECK REPORT PAGE: 3 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE:11/27/2012 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 29291 JOHN DEERE LANDSCAPES R 12/10/2012 053793 533.53 21340 LOCAL LINK R 12/10/2012 053794 69.95 13750 LUGOWSKI, JOSEPH R 12/10/2012 053795 250.00 29442 MCCARTHY MARY R 12/10/2012 053796 315.00 15050 MEDIACOM R 12/10/2012 053797 69.95 00079 MEDICA R 12/10/2012 053798 11,806.77 29459 MIDWEST GOVERNMENT ADVISORS R 12/10/2012 053799 7,950.00 17501 MINNETONKA H.S. - VOCAL SUPPOR R 12/10/2012 053800 150.00 50107 MN LANDSCAPE ARBORETUM R 12/10/2012 053801 150.00 15900 OFFICE DEPOT R 12/10/2012 053802 134.79 15000 PAETEC R 12/10/2012 053803 535.82 29301 PROFESSIONAL WIRELESS COMMUNIC R 12/10/2012 053804 1,794.34 1350 PRUDENTIAL GROUP INSURANCE R 12/10/2012 053805 676.68 29427 SHRED-N-GO, INC. R 12/10/2012 053806 34.00 23500 SO LK MTKA POLICE DEPT R 12/10/2012 053807 82,257.00 29101 SUN NEWSPAPERS R 12/10/2012 053808 38.97 17200 SUN PATRIOT NEWSPAPERS R 12/10/2012 053809 33.08 23738 T-MOBILE R 12/10/2012 053810 72.39 25000 TOTAL PRINTING SERVICES R 12/10/2012 053811 1,483.04 25350 TWIN CITY HARDWARE R 12/10/2012 053812 390.79 70200 VERIZON WIRELESS R 12/10/2012 053813 275.40 29413 VOYAGER FLEET SYSTEMS, INC. R 12/10/2012 053814 3,647.04 12/06/2012 12:16 PM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE:11/27/2012 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 83900 WASTE MANAGEMENT OF WI-MN R 12/10/2012 053815 589.05 19800 XCEL ENERGY R 12/10/2012 053816 11,319.29 00085 MINNESOTA LIFE E 12/10/2012 999999 338.69 00087 AFSCME CO 5 MEMBERS HEALTH FUN E 12/10/2012 999999 408.00 05305 COMMUNITY REC RESOURCES E 12/10/2012 999999 727.05 06572 DELTA DENTAL OF MINNESOTA D 12/01/2012 999999 667.17 07900 HAWKINS, INC. E 12/10/2012 999999 65.00 09400 GOPHER STATE ONE CALL E 12/10/2012 999999 196.05 12900 LAKE MINNETONKA CONSERVATION D E 12/10/2012 999999 7,618.25 15500 METRO COUNCIL ENVMT(WASTEWATER E 12/10/2012 999999 56,259.05 15885 MIDWEST MAILING SYSTEMS, INC. E 12/10/2012 999999 353.26 19445 NGUYEN, MICHELLE E 12/10/2012 999999 106.60 19500 NIELSEN, BRADLEY E 12/10/2012 999999 1,147.85 20268 PANCHYSHYN, JEAN E 12/10/2012 999999 379.36 20950 KENNETH N. POTTS, P.A. E 12/10/2012 999999 2,291.66 27195 GRAINGER, INC E 12/10/2012 999999 451.93 28451 WSB AND ASSOCIATES, INC. E 12/10/2012 999999 8,648.50 29269 WARNER CONNECT E 12/10/2012 999999 2,800.00 * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 43 156,128.33 0.00 156,128.33 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 4 13,852.31 0.00 13,852.31 EFT: 15 81,791.25 0.00 81,791.25 NON CHECKS: 0 0.00 0.00 0.00 VOID CHECKS: 0 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTALS: 62 251,771.89 0.00 251,771.89 BANK: 1 TOTALS: 62 251,771.89 0.00 251,771.89 REPORT TOTALS: 64 251,771.89 0.00 251,771.89 12-06-2012 12:15 AM C O U N C I L REPORT BY VENDOR- DECEMBER 10, 2012 PAGE: 1 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ AFSCME CO 5 MEMBERS HEALTH FUND 12/10/12 CHARLIES DAVIS General Fund Unallocated Expenses 51.00 12/10/12 GREG FASCHING General Fund Unallocated Expenses 51.00 12/10/12 JOSEPH LUGOWSKI General Fund Unallocated Expenses 51.00 12/10/12 BRADLEY MASON General Fund Unallocated Expenses 51.00 12/10/12 CHRISTOPHER POUNDER General Fund Unallocated Expenses 51.00 12/10/12 DANIEL RANDALL General Fund Unallocated Expenses 51.00 12/10/12 BRUCE STARK General Fund Unallocated Expenses 51.00 12/10/12 TERRY TOWER General Fund Unallocated Expenses 51.00_ TOTAL: 408.00 AFSCME COUNCIL 5 - UNION 12/04/12 P/R DEDUCTS - DEC-UNION DU General Fund NON-DEPARTMENTAL 305.92_ TOTAL: 305.92 ALLIED WASTE SERVICES #894 12/10/12 MONTHLY RECYCLING SVCS Recycling Utility Recycling 13,741.20_ TOTAL: 13,741.20 AMERICAN MESSAGING 12/10/12 612-534-3975 & 612-818-591 General Fund Public Works 3.20 12/10/12 612-534-3975 & 612-818-591 Water Utility Water 1.60 12/10/12 612-534-3975 & 612-818-591 Sanitary Sewer Uti Sewer 1.60_ TOTAL: 6.40 BUDGET PRINTING AND AWARDS 12/10/12 KEN HENDRICKSON PLAQUE General Fund Council 26.82_ TOTAL: 26.82 CARQUEST AUTO PARTS 12/10/12 BELT TENSIONER General Fund Public Works 76.61 12/10/12 OIL FILTERS General Fund Public Works 32.83 12/10/12 OIL FILTER General Fund Public Works 20.58_ TOTAL: 130.02 CENTERPOINT ENERGY 12/10/12 5755 CTRY CLUB RD General Fund Municipal Buildings 145.48 12/10/12 24200 SMITHTOWN RD General Fund Public Works 183.15 12/10/12 5745 CTRY CLB RD & 25200 H General Fund Park Maintenance 103.38 12/10/12 20630 MANOR RD-WARMING HOU General Fund Park Maintenance 24.83 12/10/12 5735 COUNTRY CLUB RD - SSC Southshore Communi Senior Community Cente 111.15 12/10/12 20405 KNIGHTSBRIDGE RD Water Utility Water 46.67 12/10/12 28125 BOULDER BRIDGE DR Water Utility Water 145.48_ TOTAL: 760.14 CENTURY LINK 12/10/12 952-470-6340 General Fund Municipal Buildings 121.50 12/10/12 952-470-2294 General Fund Public Works 57.78 12/10/12 952-470-9605 Water Utility Water 74.72 12/10/12 952-470-9606 Water Utility Water 74.72_ TOTAL: 328.72 CITY OF MINNETONKA 12/10/12 5366 VINE HILL RD Water Utility Water 147.89 12/10/12 5350 VINE HILL RD Water Utility Water 464.21 12/10/12 5490 VINE HILL RD Water Utility Water 37.32_ TOTAL: 649.42 COMMUNITY REC RESOURCES 12/10/12 NOV-COMMISSION SVC Southshore Communi Senior Community Cente 727.05_ TOTAL: 727.05 DELTA DENTAL OF MINNESOTA 12/01/12 MONTHLY DENTIST PREMIUM General Fund Unallocated Expenses 667.17_ TOTAL: 667.17 DREW KRIESEL 12/10/12 CONTRACT SVC Southshore Communi Senior Community Cente 256.00 12-06-2012 12:15 AM C O U N C I L REPORT BY VENDOR- DECEMBER 10, 2012 PAGE: 2 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ 12/10/12 EQUIPMENT RENTAL Southshore Communi Senior Community Cente 245.00_ TOTAL: 501.00 EFTPS - FEDERAL W/H 12/04/12 FEDERAL W/H General Fund NON-DEPARTMENTAL 4,292.56 12/04/12 FICA W/H General Fund NON-DEPARTMENTAL 1,768.56 12/04/12 MEDICARE W/H General Fund NON-DEPARTMENTAL 610.58 12/04/12 FICA W/H General Fund Administration 427.39 12/04/12 MEDICARE W/H General Fund Administration 99.94 12/04/12 FICA W/H General Fund Finance 311.96 12/04/12 MEDICARE W/H General Fund Finance 72.96 12/04/12 FICA W/H General Fund Planning 296.10 12/04/12 MEDICARE W/H General Fund Planning 69.25 12/04/12 FICA W/H General Fund Protective Inspections 159.86 12/04/12 MEDICARE W/H General Fund Protective Inspections 37.39 12/04/12 FICA W/H General Fund Public Works 816.06 12/04/12 MEDICARE W/H General Fund Public Works 190.85 12/04/12 FICA W/H General Fund Park Maintenance 181.19 12/04/12 MEDICARE W/H General Fund Park Maintenance 42.38 12/04/12 FICA W/H General Fund Recreation 72.39 12/04/12 MEDICARE W/H General Fund Recreation 16.93 12/04/12 FICA W/H Southshore Communi Senior Community Cente 13.50 12/04/12 MEDICARE W/H Southshore Communi Senior Community Cente 3.16 12/04/12 FICA W/H Water Utility Water 179.73 12/04/12 MEDICARE W/H Water Utility Water 42.03 12/04/12 FICA W/H Sanitary Sewer Uti Sewer 132.97 12/04/12 MEDICARE W/H Sanitary Sewer Uti Sewer 31.10 12/04/12 FICA W/H Recycling Utility Recycling 9.53 12/04/12 MEDICARE W/H Recycling Utility Recycling 2.23 12/04/12 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 10.07 12/04/12 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 2.36_ TOTAL: 9,893.03 ELECTRICAL INSTALLATION & MAINTENANCE 12/10/12 REMOVE FLAG POLE LIGH W/LE General Fund Municipal Buildings 520.00 12/10/12 ST LIGHT RELAMP General Fund Public Works 1,558.17_ TOTAL: 2,078.17 G & K SERVICES 12/10/12 CH SVC General Fund Municipal Buildings 163.50 12/10/12 PW SVC General Fund Public Works 946.78 12/10/12 SSCC SVC Southshore Communi Senior Community Cente 85.40_ TOTAL: 1,195.68 GOPHER STATE ONE CALL 12/10/12 NOV SVC Water Utility Water 98.02 12/10/12 NOV SVC Sanitary Sewer Uti Sewer 98.03_ TOTAL: 196.05 GRAINGER, INC 12/10/12 SLMPD-TRAFFIC LIGHT General Fund Public Works 435.40 12/10/12 SLMPD-TRAFFIC LIGHT General Fund Public Works 11.62 12/10/12 CABLE TIES HOCKEY General Fund Park Maintenance 4.91_ TOTAL: 451.93 GROUT, TWILA 12/10/12 AMERICAN GIRL DOLL-PRINCE General Fund Recreation 135.00_ TOTAL: 135.00 HAWKINS, INC. 12/10/12 CHLORINE CYLINDER Water Utility Water 65.00_ TOTAL: 65.00 12-06-2012 12:15 AM C O U N C I L REPORT BY VENDOR- DECEMBER 10, 2012 PAGE: 3 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ HD SUPPLY WATERWORKS, LTD. 12/10/12 WATER METER PARTS Water Utility Water 128.25_ TOTAL: 128.25 HENN CTY TREAS. COMM CORRECTIONS & REH 12/10/12 BOOR & ROOM SVC -VANDERVEE General Fund Police Protection 324.00_ TOTAL: 324.00 ICMA RETIREMENT TRUST-302131-457 12/04/12 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 1,185.96 12/04/12 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 110.00_ TOTAL: 1,295.96 JOHN DEERE LANDSCAPES 12/10/12 ICE MELT WALKS General Fund Ice & Snow Removal 533.53_ TOTAL: 533.53 KENNETH N. POTTS, P.A. 12/10/12 NOV PROSECUTIONS General Fund Professional Svcs 2,291.66_ TOTAL: 2,291.66 LAKE MINNETONKA CONSERVATION DISTRICT 12/10/12 4TH QTR-LEVY PYMT General Fund Council 7,618.25_ TOTAL: 7,618.25 LOCAL LINK 12/10/12 ADSL(QST) - BUSINESS 3M/89 General Fund Municipal Buildings 69.95_ TOTAL: 69.95 LUGOWSKI, JOSEPH 12/10/12 BOOTS EXP General Fund Public Works 250.00_ TOTAL: 250.00 MCCARTHY MARY 12/10/12 CARDIO KICK BOXING CLASS 1 Southshore Communi Senior Community Cente 315.00_ TOTAL: 315.00 MEDIACOM 12/10/12 5375 COUNTRY CLUB RD - SSC Southshore Communi Senior Community Cente 69.95_ TOTAL: 69.95 MEDICA 12/10/12 MEDICAL PREMIUM General Fund Unallocated Expenses 16,130.59 12/10/12 MEDICAL PREMIUM General Fund Unallocated Expenses 1,561.12- 12/10/12 MEDICAL PREMIUM General Fund Unallocated Expenses 920.90- 12/10/12 MEDICAL PREMIUM General Fund Unallocated Expenses 920.90- 12/10/12 MEDICAL PREMIUM General Fund Unallocated Expenses 920.90- TOTAL: 11,806.77 METRO COUNCIL ENVMT(WASTEWATER) 12/10/12 DEC WASTEWATER Sanitary Sewer Uti Sewer 56,259.05_ TOTAL: 56,259.05 MIDWEST GOVERNMENT ADVISORS 12/10/12 NOV-INTERIM ADMIN SVC General Fund Administration 7,950.00_ TOTAL: 7,950.00 MIDWEST MAILING SYSTEMS, INC. 12/10/12 NEWSLETTER SERVICES General Fund Administration 329.15 12/10/12 ADDT'L POSTAGE General Fund Administration 24.11_ TOTAL: 353.26 MINNESOTA LIFE 12/10/12 DEC-LIFE INS General Fund Unallocated Expenses 338.69_ TOTAL: 338.69 MINNETONKA H.S. - VOCAL SUPPORT 12/10/12 DEC 7 APPRECIATION EVENT General Fund Council 150.00_ TOTAL: 150.00 MISC. VENDOR FUN2RAISE MARKETING & 12/10/12 1/2 PAGE ADS-MINNEWASHTA S Southshore Communi Senior Community Cente 533.30 JEFFERSON FIRE & SAFET 12/10/12 INV#191776-NEW TRUCK 27 Equipment Replacem Equipment Replacement 3,266.08 12-06-2012 12:15 AM C O U N C I L REPORT BY VENDOR- DECEMBER 10, 2012 PAGE: 4 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ _______________ TOTAL: 3,799.38 MN DEPT OF REVENUE 12/04/12 STATE W/H General Fund NON-DEPARTMENTAL 1,867.51_ TOTAL: 1,867.51 MN LANDSCAPE ARBORETUM 12/10/12 6 GIFT CARDS-VOLUNTEER GAR General Fund Council 150.00_ TOTAL: 150.00 NCPERS MINNESOTA 12/04/12 UNIT #762400 - DEC- LIFE I General Fund NON-DEPARTMENTAL 32.00_ TOTAL: 32.00 NGUYEN, MICHELLE 12/10/12 WELLNESS REIMBERSEMENT General Fund Finance 40.00 12/10/12 NOV MILEAGE General Fund Finance 66.60_ TOTAL: 106.60 NIELSEN, BRADLEY 12/10/12 01/01/12-12/05/12 MILEAGE General Fund Planning 1,147.85_ TOTAL: 1,147.85 OFFICE DEPOT 12/10/12 GEN OFFICE SUPPLIES General Fund Administration 134.79_ TOTAL: 134.79 PAETEC 12/10/12 5755 COUNTRY CLUB RD-C.H. General Fund Municipal Buildings 144.37 12/10/12 24200 SMITHTOWN RD-P.W. General Fund Public Works 46.90 12/10/12 BADGER/MANOR/CATHCART PARK General Fund Park Maintenance 145.60 12/10/12 26352 SMTWN RD/28125 BLDR Water Utility Water 98.70 12/10/12 24255 SMITHTOWN ROAD Water Utility Water 100.25_ TOTAL: 535.82 PANCHYSHYN, JEAN 12/10/12 AUG-DEC -WELLNESS EXP General Fund Administration 200.00 12/10/12 ELECTION POLLING MILEAGE General Fund Administration 24.75 12/10/12 ELECTION JUDGE MEALS General Fund Administration 154.61_ TOTAL: 379.36 PERA 12/04/12 P/R DEDUCTS-PERA General Fund NON-DEPARTMENTAL 2,830.27 12/04/12 P/R DEDUCTS-PERA General Fund Administration 504.41 12/04/12 P/R DEDUCTS-PERA General Fund Finance 387.29 12/04/12 P/R DEDUCTS-PERA General Fund Planning 406.27 12/04/12 P/R DEDUCTS-PERA General Fund Protective Inspections 220.67 12/04/12 P/R DEDUCTS-PERA General Fund Public Works 1,007.43 12/04/12 P/R DEDUCTS-PERA General Fund Park Maintenance 242.72 12/04/12 P/R DEDUCTS-PERA General Fund Recreation 84.64 12/04/12 P/R DEDUCTS-PERA Southshore Communi Senior Community Cente 15.78 12/04/12 P/R DEDUCTS-PERA Water Utility Water 224.49 12/04/12 P/R DEDUCTS-PERA Sanitary Sewer Uti Sewer 166.49 12/04/12 P/R DEDUCTS-PERA Recycling Utility Recycling 11.15 12/04/12 P/R DEDUCTS-PERA Stormwater Managem STORMWATER MANAGEMENT 11.76_ TOTAL: 6,113.37 PROFESSIONAL WIRELESS COMMUNICATIONS 12/10/12 VHF NARROW BAND PROJ Equipment Replacem Equipment Replacement 1,794.34_ TOTAL: 1,794.34 PRUDENTIAL GROUP INSURANCE 12/10/12 DEC-LIFE INS General Fund Unallocated Expenses 676.68_ TOTAL: 676.68 SHRED-N-GO, INC. 12/10/12 SVC THRU 11/28 General Fund Administration 34.00_ TOTAL: 34.00 12-06-2012 12:15 AM C O U N C I L REPORT BY VENDOR- DECEMBER 10, 2012 PAGE: 5 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ SO LK MTKA POLICE DEPT 12/10/12 OPERATING BUDGET EXPENSE General Fund Police Protection 82,257.00_ TOTAL: 82,257.00 SUN NEWSPAPERS 12/10/12 ATTACHED GARAGE CUP 11/22 General Fund Planning 38.97_ TOTAL: 38.97 SUN PATRIOT NEWSPAPERS 12/10/12 PLANNING COMMISSION 12/04 General Fund Planning 33.08_ TOTAL: 33.08 T-MOBILE 12/10/12 952-463-5836 - ADMIN CEL General Fund Administration 72.39_ TOTAL: 72.39 TOTAL PRINTING SERVICES 12/10/12 MONTHLY NEWSLETTER General Fund Administration 982.08 12/10/12 ARCTIC FEVER INSERT General Fund Recreation 141.07 12/10/12 PRINCESS TEA PARTY INSERT General Fund Recreation 106.60 12/10/12 SSCC INSERT Southshore Communi Senior Community Cente 253.29_ TOTAL: 1,483.04 TWIN CITY HARDWARE 12/10/12 REPL DOOR LATCH-BLDR BRDGE Water Utility Water 390.79_ TOTAL: 390.79 VERIZON WIRELESS 12/10/12 612-865-3582 - BRAD NIELSE General Fund Planning 59.17 12/10/12 L.S. PHONE SERVICES Sanitary Sewer Uti Sewer 216.23_ TOTAL: 275.40 VOYAGER FLEET SYSTEMS, INC. 12/10/12 SVC THRU 11/24/12 General Fund Public Works 3,647.04_ TOTAL: 3,647.04 WARNER CONNECT 12/10/12 DEC MAINT SVC General Fund Municipal Buildings 2,800.00_ TOTAL: 2,800.00 WASTE MANAGEMENT OF WI-MN 12/10/12 24200 SMITHTOWN RD-PUB WOR General Fund Public Works 412.84 12/10/12 5735 COUNTRY CLUB RD -SSCC Southshore Communi Senior Community Cente 176.21_ TOTAL: 589.05 WELLS FARGO HEALTH BENEFIT SVCS 12/04/12 P/R DEDUCTS-HSA General Fund NON-DEPARTMENTAL 1,424.60_ TOTAL: 1,424.60 WSB AND ASSOCIATES, INC. 12/10/12 CATHCART DR & CTRY CLB RD General Fund City Engineer 1,485.00 12/10/12 OCT-SMITHTOWN RD TRL PROJ Trail Capital Outl Trail Expenditures 5,207.50 12/10/12 OCT-GIS & CAD SUPPORT Water Utility Water 394.00 12/10/12 OCT-GIS & CAD SUPPORT Sanitary Sewer Uti Sewer 394.00 12/10/12 OCT-MCES FORCEMAIN IMPROVE Sanitary Sewer Uti Sewer 1,117.00 12/10/12 OCT-SILVER LK OUTLET IMPRV Stormwater Managem STORMWATER MANAGEMENT 51.00_ TOTAL: 8,648.50 XCEL ENERGY 12/10/12 XCEL ENERGY General Fund Municipal Buildings 453.66 12/10/12 XCEL ENERGY General Fund Municipal Buildings 3.46 12/10/12 XCEL ENERGY General Fund Traffic Control/Str Li 27.32 12/10/12 XCEL ENERGY General Fund Traffic Control/Str Li 3,218.15 12/10/12 5700 CTY RD 19 General Fund Traffic Control/Str Li 32.81 12/10/12 5700 CTY RD 19 UNIT LIGHTS General Fund Traffic Control/Str Li 238.12 12/10/12 XCEL ENERGY General Fund Park Maintenance 311.59 12/10/12 5735 COUNTRY CLUB RD Southshore Communi Senior Community Cente 647.30 12/10/12 24253 SMITHTOWN ROAD Water Utility Water 708.58 12/10/12 XCEL ENERGY Water Utility Water 1,042.78 12-06-2012 12:15 AM C O U N C I L REPORT BY VENDOR- DECEMBER 10, 2012 PAGE: 6 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ 12/10/12 XCEL ENERGY Water Utility Water 1,739.55 12/10/12 XCEL ENERGY Water Utility Water 2,486.12 12/10/12 XCEL ENERGY Sanitary Sewer Uti Sewer 409.85_ TOTAL: 11,319.29 **PAYROLL EXPENSES 12/03/2012 - 99/99/9999 General Fund Administration 6,957.35 General Fund Finance 5,341.89 General Fund Planning 5,603.84 General Fund Protective Inspections 3,043.66 General Fund Public Works 13,895.38 General Fund Park Maintenance 3,347.82 General Fund Recreation 1,167.47 Southshore Communi Senior Community Cente 217.77 Water Utility Water 3,096.16 Sanitary Sewer Uti Sewer 2,296.63 Recycling Utility Recycling 153.72 Stormwater Managem STORMWATER MANAGEMENT 162.31_ TOTAL: 45,284.00 =============== FUND TOTALS ================ 101 General Fund 196,052.77 403 Equipment Replacement 5,060.42 406 Trail Capital Outlay 5,207.50 490 Southshore Community Ctr. 3,669.86 601 Water Utility 11,787.06 611 Sanitary Sewer Utility 61,122.95 621 Recycling Utility 13,917.83 631 Stormwater ManagementUtil 237.50 -------------------------------------------- GRAND TOTAL: 297,055.89 -------------------------------------------- TOTAL PAGES: 6 1: (2 #3B U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Extending the Electronic Parcel Database (EPDB) License Agreement with Hennepin County Meeting Date: December 10, 2012 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Attachments: Resolution Background: The City of Shorewood entered into Agreement No. A13010 with Hennepin County in June of 2000 for electronic parcel database (EPDB) for the purpose of obtaining Shorewood parcel map data from Hennepin County. A copy of this Agreement is attached. Each year this Agreement must be renewed. Staff has prepared a resolution which extends this Agreement for the Year 2013. Options 1) Approval of the Resolution extending the EPDB License Agreement with Hennepin County for 2013. 2) Do not approve. Staff Recommendation Staff recommends approval of Resolution extending the EPDB License Agreement #A13010 with Hennepin County in order to continue to receive updated parcel map data from the County in the year 2013. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Agreement No. A13010 HENNEPIN COUNTY CONDITIONAL USE LICENSE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, Taxpayer Services Department, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County ", and the City of Shorewood, hereinafter referred to as the "Entity". For purposes of this Agreement, the address of the County is A703 Government Center, Minneapolis, Minnesota 55487 -0073 and the address of Entity is 5755 Country Club Road, Shorewood, Minnesota 55331 -8927. WITNESSETH WHEREAS, the County has developed electronic forms of certain data bases and an electronic proprietary geographical digitized data base hereinafter referred to as "EPDB "; and WHEREAS, the Entity desires to use the County's EPDB in the course of conducting the Entity's business; and WHEREAS, in acknowledgment of the Entity's above - stated purpose, the County is agreeable to provide to the Entity the EPDB, and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said EPDB; and WHEREAS, the County exclusively owns the EDPB which is the subject of this Agreement and has the authority and legal right to grant Entity a license to have and use the EPDB as provided in this Agreement; and WHEREAS, the EPDB is trade secret or confidential information under the Minnesota Government Data Practices Act and is governed by Minnesota Statutes sections 375.86 and 13.03 as well as other applicable state and federal law. NOW THEREFORE, in consideration of the promises, as well as the obligations herein made and undertaken, the parties hereto, intending to be legally bound, hereby agree as follows: Form 1 (12/99) Section I SCOPE OF AGREEMENT 1.1 This License Agreement shall apply to the EPDB, which Hennepin County will provide to Entity, after a specific request has been made to County. Section 2 GRANT OF LIMITED LICENSE 2.1 The County hereby grants the Entity a non - exclusive, nontransferable and nonassignable limited use license to use the EPDB which includes self developed computer software under Minn. Stat. § 375.86. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the Agreement unless terminated sooner, in accordance with the provisions hereof. Section 3 ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE 3.1 The Entity acknowledges and agrees that the EPDB is the exclusive property of the County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the EPDB as trade secret and confidential information, which County entrusts to the Entity in confidence to use in the conduct of the Entity's business. The Entity further acknowledges and agrees the EPDB is a creative selection, coordination, arrangement and method of arrangement of data which is identified as being subject to copyright protection; is self - developed computer software under Minn. Stat. § 375.86 and is an entire or substantial and discrete portion of a pattern, compilation, method, technique, process, data base or system developed with significant expenditure of funds by County under Minn. Stat. § 13.03. The Entity agrees that the County owns and reserves all rights, protection and benefits afforded under federal copyright law in all EPDB furnished to the Entity as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said EPDB, and that the Entity will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in or to any EPDB of the County. The Entity acknowledges that it is granted only a limited right of use of such EPDB, which right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate with others to assert any right, title, or interest in any EPDB of the County. 2 Section 4 PROTECTION OF PROPRIETARY INFORMATION 4.1 Obligations of Confidentiality, Limitations of Use. The Entity shall neither disclose, furnish, sell, resell, transfer, duplicate, reproduce nor disseminate, in whole or in part, the EPDB of the County and its unique design, arrangement or method of arrangement in its electronic form famished to the Entity to (1) any other person, firm, entity, organization, or subsidiary, except as expressly authorized hereunder; or (2) any employee of the Entity who does not need to obtain access thereto in connection with the Entity's exercise of its rights under this Agreement. The Entity may have and use the EPDB on a corporate -wide basis and shall have the rights to use the EPDB on a limited number of sites, provided the equipment on which the EPDB is maintained supports only equipment operated by the Entity and the EPDB is used only for the conduct of the Entity's own internal business by Entity employees. All employees having access to the EPDB shall be informed of the requirements contained in Section 4 herein. The Entity shall not otherwise copy or reproduce any EPDB of the County. Under no circumstances may the entity disclose or disseminate any EPDB to any other public or private entity. The obligations of the Entity to protect confidentiality which are established by this Agreement apply to the EPDB itself and not to any graphic representation or products produced by the Entity while using the EPDB. Any authorized consultants, contractors or agents of Entity must properly execute and file a separate EPDB Conditional Use License Agreement with Hennepin County. The Entity expressly agrees to use the County's EPDB in the ordinary course of its business and all such use shall bear a notice of copyright by Hennepin County. 4.2 Secure Handling. The Entity shall require that all EPDB be kept in a secure location at 5755 Country Club Road, Shorewood, MN 55331 -8927 and maintained in a manner so as to reasonably preclude unauthorized persons from having access thereto. The Entity shall devote its reasonable efforts to ensure that all persons afforded access to EPDB protect same against unauthorized use, dissemination or disclosure. Entity agrees it will not knowingly or negligently allow its employees, agents or independent contractors to copy, sell, disclose or otherwise make the EPDB available to others. Entity agrees to immediately notify the County by telephone and in writing if Entity becomes aware of any unauthorized duplication, sale or other disclosure. Entity further agrees to prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the EPDB and taking all steps Entity takes to protect information, data or other tangible and intangible property of its own that Entity regards as proprietary, confidential or nonpublic. Except for off -site backup, the Entity shall not remove or cause or allow to be removed from the Entity's place of business or the place of business of any EPDB or any copy thereof without the prior written consent of the County, which consent shall not be unreasonably withheld. 4.3 Assistance of the Entity. At the request of the County and expense of the Entity, the Entity shall use good faith and reasonable efforts to assist the County in identifying any 3 use, copying, or disclosure of any EPDB by any current or former Entity personnel -- or anyone else who may have come in possession of said EPDB while the same was in the Entity's possession — in any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity with information reasonably justifying the conclusion of the County that such contrary use may have occurred. 4.4 Survival of Confidentiality Obligations. The Entity's obligations respecting confidentiality of the EPDB shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control any EPDB furnished by the County. In addition, the County shall remain entitled to enforce its copyright and propriety interests in all EPDB. Section 5 TERM, TERMINATION 5.1 The Entity and the COUNTY agree that this Agreement is in effect during the period commencing June 1, 2000 and terminating December 31, 2000, unless terminated sooner. This Agreement shall commence from the date hereof, unless sooner terminated by either party with cause upon three (3) calendar days' written notice to the other. The expiration or termination of this Agreement shall automatically and without further action by the County terminate and extinguish the license. In the event of any such expiration or termination, the County shall have the right to take immediate possession of said EPDB, and all copies thereof wherever located, and without demand or notice. Within five (5) days after expiration or termination of this Agreement, the Entity shall return the EPDB and all copies thereof to the County, or upon request by the County, the Entity shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. 5.1.1 It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to any other right or remedy hereunder or allowed by law, equity or statute. 5.1.2 The County's failure to insist upon strict performance of any covenant, agreement or stipulation of the Agreement, or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipulation or right, unless the County stipulates thereto in writing. 4 Section 6 INJUNCTIVE RELIEF 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or any part thereof could cause irreparable harm and significant injury to the County, which may be difficult to measure with certainty or to compensate through damages. Accordingly, the Entity agrees that the County may seek and obtain against the Entity and/or any other person or entity injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other equitable or legal remedies which may be available. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. 7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 7.5. No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNISHING THE EPDB ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED 5 WARRANTIES, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE EPDB. THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE EPDB ARE ERROR FREE. THE EPDB WERE DEVELOPED FOR THE COUNTY'S OWN INTERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE EPDB CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. 7.7 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or lost of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the Entity agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To the Entity: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 -8927 M To Hennepin County: Hennepin County Administrator A -2300 Government Center (233) Minneapolis, MN 55487 -0233 Copy to: Robert L. Hanson Hennepin County Chief Information Officer A -1900 Government Center (190) Minneapolis, MN 55487 -0190 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A -600 Government Center (060) Minneapolis, MN 55487 -0060 7.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the Entity under Sections 3, 4, 5, 6, 7.6, and 7.7 hereof and the obligations and warranties of the Entity and the County which by their sense and context are intended to survive the performance thereof by the Entity and the County, shall so survive the completion of performance and termination or cancellation of this Agreement. 7.11 Authority. The person or persons executing this License Agreement on behalf of Entity represent that they are duly authorized to execute this License Agreement on behalf of Entity and represent and warrant that this License Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 7 COUNTY ADMINISTRATOR APPROVAL ENTITY, having signed this agreement, and the County having duly approved this � agreement on the day of _, 20 0'0, and pursuant to such approval, the proper County officials having signed tl#s contract, the parties hereto agree to be bound by the provisions herein set forth. f a CITY OF SHORE W OD By: - (Title) ayor Date: 0® By: Acting City d nistr for Date: I Form 1 (12/99) 8 COUNTY OF HENNEPIN ST A TD nV A 4TAT?%TL 0 n9 A Approved as to form and execution City of Shorewood Council Meeting Item # MEETING TYPE Regular Meeting Title / Subject: Accept Donation from Mount Olivet Rolling Acres Meeting Date: December 10, 2012 Prepared by: Bruce DeJong Attachment: Letter Policy Consideration: All donations to the City of Shorewood must be accepted by the City Council. Background: Mount Olivet Rolling Acres has donated $300 to the City of Shorewood. They have property at 25925 Birch Bluff Road which is tax exempt. The contribution is a voluntary payment in lieu of taxes in appreciation for the services they receive from the community. They have donated a similar amount in previous years. There is no restriction on the use of the funds. Financial or Budget Considerations: These donations help to cover basic service provision by the city. Options: The City Council can choose to: 1.Accept the donation, or 2.Reject the donation. Recommendation / Action Requested: Staff recommends that the donation be accepted with thanks to Mount Olivet Rolling Acres. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, DECEMBER 4, 2012 7:00 P.M. DRAFT MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:06 P.M. ROLL CALL Present: Chair Geng; Commissioners Davis, Hutchins, and Muehlberg; Council Liaison Zerby; and Planning Director Nielsen Absent: Commissioners Charbonnet and Garelick APPROVAL OF AGENDA Hutchins moved, Davis seconded, approving the agenda for December 4, 2012, as presented. Motion passed 4/0. APPROVAL OF MINUTES  November 20, 2012 Davis moved, Muehlberg seconded, approving the Planning Commission Meeting Minutes of November 20, 2012, as presented. Motion passed 3/0/1 with Hutchins abstaining due to his absence at the meeting. 1. 7:00 P.M. PUBLIC HEARING – CONDITIONAL USE PERMITFOR ACCESSORY Applicants: Robert Finke Location: 6060 Seamans Drive Chair Geng opened the Public Hearing at 7:08 P.M., noting the procedures utilized in a Public Hearing. He explained that if this item is acted upon this evening it will be placed on a December 10, 2012, Regular City Council meeting agenda for further review and consideration. He noted Robert Finke the applicant and his wife Sandra are present this evening. Director Nielsen explained Robert Finke, 6060 Seamans Drive, is proposing to add a third stall to the existing attached garage on the property he and his wife own. The floor area of the new garage, when combined with an existing attached garage, brings the total area of accessory space on the property over 1200 square feet. That requires a conditional use permit (C.U.P.). The property is zoned R-1A, Single Family Residential and contains 40,084 square feet of area. He displayed graphics showing the location of the existing house, existing garage, pool and the proposed garage which will extend off the south side of the existing garage. He explained the existing house contains approximately 2457 square feet of floor area in the two levels above grade. The existing garage contains 887.4 square feet of floor area. The proposed garage will contain 512 square feet, which brings the total area of accessory space on the site to 1399.4 square feet. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 2 of 4 Nielsen reviewed how the application complies with the criteria for granting a C.U.P for accessory space over 1200 square feet. 1. The total area of accessory space (1399.4 square feet) does not exceed the total floor area above grade of the principal structure (2457square feet). 2. The total area of accessory space does not exceed 10 percent of the minimum lot area for the R- 1A zoning district (.10 x. 40,000 square feet = 4000 square feet). 3. The proposed garage complies with the setback requirements of the R-1A zoning district. Hardcover is well within the 33 percent maximum amount allowed. 4. The new garage addition will be integrated into the architecture of the existing home. As such the roof lines, materials and architectural character of the garage are consistent with the principle dwelling. Nielsen noted the applicants will build a short retaining wall around the southwest corner of the property to catch up with the grade in that area. He explained that two existing trees on the south side of the existing garage will be replaced with two ornamental trees. He noted the lot is well screened already; there are plenty of trees in existence. Nielsen stated based on the preceding analysis, Staff recommends the conditional use permit be granted as submitted. Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:15 P.M. Commissioner Davis asked Mr. Finke why he stepped the garage back. Mr. Finke explained to maintain the distance from the well and that it will also look a little better. Commissioner Hutchins asked if when putting in the boulder retaining wall is there is any concern around the addition of the driveway for the third garage stall. Director Nielsen stated it fits fairly well, and explained the retaining wall is to bring the side grade up so there is not a lot of foundation showing on that side. Davis moved, Hutchins seconded, recommending approval of a conditional use permit for accessory space in excess of 1200 square feet for the property located at 6060 Seamans Drive. Motion passed 4/0. Chair Geng closed the Public Hearing at 7:17 P.M. 2. REVIEW ASHLAND WOODS FINAL PLAT Applicants: Ashland Woods, LLC Location: 6045 Strawberry lane Chair Geng explained the review of the final Ashland Woods Plat is before the Planning Commission this evening in regard to a conservation easement. The applicant is Ashland Woods, LLC and the property is located at 6045 Strawberry Lane. Director Nielsen noted Corey Lepper on behalf of Ashland Woods, LLC is present this evening. He explained that in September 2012 Council approved a preliminary plat for Ashland Woods which is located on the east side of Strawberry Lane just south of the Lake Minnetonka LRT Trail. The plat for the property was originally approved in 2009 as Wildwood. In the Wildwood Plat and the Ashland Woods CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 3 of 4 Plat the primary issue was handling of drainage. During the public hearing on the preliminary Ashland Woods Plat a number of neighboring property owners expressed concern about where stormwater would flow from the Plat. Ashland Woods has submitted the plans used by the previous developer which had been approved to address that. Nielsen explained that since the preliminary Ashland Woods Plat was approved the Minnehaha Creek Watershed District (MCWD) has adopted a rule that requires these types of developments to not only control the runoff rate (after development versus before) but also runoff volume. Runoff volume is a very significant matter. To deal with that the applicant has changed the cul-de-sac to include a landscape island rather than just being a bituminous circle as originally proposed. That should address the MCWD’s concern about volume. Because of the sensitivity of the drainage issue the Planning Commission asked to have an opportunity to review the proposed language for the development agreement submitted as part of the final Ashland Woods Plat. The drainage system proposed with the Wildwood Plat and the preliminary Ashland Woods Plant was fairly extensive. It involved a dry creek bed and ponding area. For both the Wildwood Plat and the Ashland Woods Plat there was a condition that the drainage area be monitored. The homeowners association (HOA) would be responsible for monitoring it and reporting back to the City the elevations on an annual basis. Nielsen noted the meeting packet contains a copy of language from the Wildwood Plat for a conservation easement. He explained that for Wildwood it was Article 17 in the Declaration. The easement talks about responsibilities of the HOA. He noted that ordinarily for a plat like Ashland Woods there would not be a HOA because there are no common features (e.g., an entry monument or public facility). He explained in this instance the public facility is the drainage system. It will be the HOA’s responsibility to maintain the system and correct it if need be. The City is asking that similar language be included for the landscape island in the cul-de-sac. He noted Mr. Lepper has agreed to that. Director Nielsen stated that Staff had thought the final Ashland Woods Plat would appear on the December 10, 2012, City Council regular meeting agenda. Revisions are being made to some of the language so it is likely it will be considered by Council during its January 14, 2013, meeting. Commissioner Hutchins asked if the description of the center island comes in as part of the final plat for approval. Director Nielsen explained it does not change the plat itself. It does get recorded at Hennepin County where the land is divided and it shows the cul-de-sac. That is not changing. The plans and specifications for the final road will include the landscape island. Hutchins then asked if there is a size requirement to accomplish what the MCWD wants. Nielsen stated there is but he has not seen the drawings for that yet. Chair Geng stated he assumes that the language in the Declaration for Ashland Woods, LLC will be virtually identical to that for Wildwood. Director Nielsen stated that is correct. Geng stated there is no mention of a HOA in the preamble. The actual conservation easement mentions the Association about a dozen times. He asked if the HOA needs to be included in the preamble. Nielsen explained the conservation easement is just one article in the Declaration. Nielsen noted the applicant will have to submit by-laws for the Association. The by-laws set up the requirements to be a member, stipulates it has to exist to do this development, what the Association’s responsibilities are and so forth. Commissioner Hutchins stated it goes back and forth between the Declarant and the Association in the conservation easement. Director Nielsen explained the Declarant is Ashland Woods, LLC. At a certain point the Association takes over for the developer and that is usually after it is 80 percent developed. Ultimately the Association is the responsible party for maintenance services. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 4 of 4 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. OLD BUSINESS None. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated the next Planning Commission meeting is scheduled for January 15, 2013. During that meeting he would like to complete the review of the General Provisions in the Zoning Code with a focus on the noise ordinance. It is possible Council may have talked about zoning permits before then and if so the Commission will discuss Council’s feedback. There will be initial discussion about the Planning Commission’s 2013 work program. He explained that Council Liaison Zerby has asked that the trail process in the Trail Plan Implementation Report be updated and refined based on experiences with the Smithtown West Trail segment. There may be a minor subdivision to consider that evening. 6. REPORTS • Liaison to Council Chair Geng gave a brief report on the November 26, 2012, City Council meeting about items related to the Planning Commission. Commissioner Muehlberg asked if anyone had any comments about the Feasibility Report for the Smithtown West Trail segment. He stated he was surprised that no one spoke against it during the open house for that. Director Nielsen stated there was no public comment about it during that Council meeting. Director Nielsen noted that the responses to questions received about the Trail that were endorsed by the Planning Commission will be considered by Council during its December 10, 2012, meeting. Chair Geng stated he thought Council’s reaction to the open house was very positive. • SLUC No report was given. • Other Commissioner Hutchins asked to be signed up to attend the GTS training session being hosted by the City of Greenwood on January 12, 2013. 7. ADJOURNMENT Davis moved, Muehlberg seconded, Adjourning the Planning Commission Meeting of December 4, 2012, at 7:38 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder