062491 CC Reg Min
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~'CITY OF SHOREWOOD
.. REGULAR CITY COUNCIL MEETING
MONDAY, JUNE 24, 1991
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COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
M I NUT E S
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Mayor Brancel called the meeting to order at 7:00 P.M.
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Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty
and Lewis, City Administrator Hurm, City Attorney Froberg,
City Engineer Dresel, City Finance Director Rolek and City
Planner Nielsen.
Absent:
R.t.;;Y.l.t;W.._..A.G.E.N.P...A
Gagne moved, Stover seconded to approve the agenda as stated.
Motion carried - 5/0
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Gagne moved, Daugherty seconded, to approve the Regular City Council
Minutes of June 10, 1991.
Motion carried - 5/0
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Stover moved, Gagne seconded, to approve the following Consent Agenda:
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Motion carried - 5/0
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Councilmember Stover said the Planning Commission did not meet.
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. CITY OF SHOREWOODa_
REGULAR CITY COUNCIL MEHl'NG
MONDAY, JUNE 24, 1991
COUNCI~HAMBERS
5755 C~RY CLUB ROAD
PAGE 2
. B.
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Park Commissioner Wilson presented the Park Commission report.
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Wilson said Park Planner Koegler reviewed his Trail Plan.
The Commission talked about having City maps with the Park
Trails highlighted.
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Council Liaison Lewis and Administrator Hurm discussed the
Park Improvement Plan with the Commission.
The park budget is funded by the general fund, Park
dedication fees and contributions from residents and sports
groups. There was discussion concerning a reduced Park
referendum in the spring.
Wilson said a motion was passed recommending the funding
proposa I .
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Wilson asked the Council if the irrigation system at Freeman
Park is operational.
Brancel said he should ask the Public Works Department.
Planner Nielsen said the controls for the system were
installed last week and the roof was being finished. He
thought the system should be working.
Brancel said Administrator Hurm will look into the matter.
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Wilson said the trail from Silverwood Park to HwY 7 has been
landscaped by adjacent residents. A resident's lawn has
been extended, shrubbery added and a sprinkling system
extends onto the trail.
The Park Commission recommends these be removed.
Nielsen said Attorney Froberg recommends the City contact
the residents and inform them they are required to remove
the landscaping or keep the landscaping at their own risk.
This should be followed up with a letter.
Brancel said Hurm will contact the residents.
Wilson said two motions were made at the meeting:
1. The Park Commission has taken the position that no private
development or improvement should be permitted on Park
property without written approval.
2. No variances of any type on existing or future construction
or improvements on the trail property running from Silverwood
Park to HwY 7 by adjoining landowners.
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Applicant:
Location:
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John Einhorn addressed the Council and said the City Ordinance was
ambiguous regarding the definition of a street and regarding the
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI~HAMBERS
5755 C~RY CLUB ROAD
PAGE 3
average setback. He said the setback required 15 feet from a traveled
surface and Island View did not meet the definition of street, since
it is a private road.
Einhorn said he could not build a second story deck because he would
have to remove trees and he thought this constituted hardship.
Einhorn attempted to show the size of the trees and the distance
between them to show that building around them would be difficult.
He said there was no sense in denying his request for variance. His
neighbors do not object and his new house will be an asset to the
neighborhood.
Nielsen said the City Attorney agreed the Ordinance IS ambiguous.
Nielsen said the City also follows past precedents. He said private
roads are treated the same as public roads and cited precedents for
this.
Attorney Froberg said the ambiguity revolves around the definition of
street in the City Ordinance. He said private streets are treated as
public streets but should be specifically included in the definition
of "streets".
He said R.O.W. is more specifically defined: "any property established
for the use of the public for street or HwY. purposes by any Federal,
State, local or county government by dedication, gift or statutory
user whether undeveloped, paved or unpaved."
He said a R.O.W. is public.
Councilmember Stover asked if a road was traveled on for a number of
years, is it considered a street.
Froberg said for a private road to be a public street it must be
traveled on by the public and be maintained by the City for six years.
He said the City can also look at how many buildings are located along
that road to decide if it is a street.
Councilmember Lewis asked Einhorn if his hardship is based on
retaining the pine trees in his yard.
Einhorn said yes.
Councilmember Daugherty asked Nielsen if he concurred.
Nielsen said he sympathized with Mr. Einhorn but he thought the
location of the house could be moved to eliminate the need for
variances.
Stover moved, Gagne seconded, to adopt .B..~.$..Q.LJ::lI.J.Q.N......NQ..,.........9..z=..9...1 "A
Resolution approving the denial of setback variances to John Einhorn,
5580 Howard's Point Road."
Motion carried - 4/1 (Daugherty)
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI.HAMBERS
5755 C TRY CLUB ROAD
PAGE 4
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Applicant:
Location:
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Stover said the Planning Commission recommended denial of this
variance. If the size of Lot A is reduced slightly, the other lots
could conform.
MRS. MELDAHL - said she did show the plan for the present division of
property to the City Council in 1975. She also said it is not
possible to approach their lending institution to redraw the lot
lines. She said it was very difficult to do when they sold part of
their property in 1975.
She told the Council the variances are very small. She said the
density in Shorewood Oaks is greater.
Councilmember Gagne asked Nielsen if the Meldahl's have to update
their survey. Nielsen said yes. Mrs Meldahl said the survey was done
last Friday.
Gagne moved, Stover seconded, to direct the City Attorney to prepare
Findings of Fact for the denial of variances to Mr. & Mrs. Meldahl,
6180 Cathcart Drive.
Motion carried - 3/2 (Daugherty, Lewis)
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Lewis moved, Gagne seconded, to adopt R.E..SQL.\LT.IQN.......N.Q..,..._.Q.e..:::-9..l........ A
Resolution approving the Simple Subdivision of property for A. J.
Meldahl subject to the recommendations of the City staff and planner."
Motion carried - 5/0
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Applicant:
Location:
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Nielsen said Mr. Pahl is now in compliance. However, this is the
second Notice to Remove in one year.
Mr. Pahl's property was cleaned up by the City in April of 1990 and he
was billed $868.99 for the expense. Pahl has appealed the assessment
and the matter is awaiting arbitration.
Nielsen said Pahl would like to address the City Council concerning
this matter at the next City Council meeting.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI~HAMBERS
5755 C~RY CLUB ROAD
PAGE 5
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Froberg said there has been discussion on whether the wording of
Resolution 42-91 which states that the Covenants and Restrictions of
Johnson's First Addition should be the same as the Waterford Covenants
rather than similar to the Waterford Covenants. The Waterford
Covenants require a builder to obtain approval from the Waterford
Architectural Review Board prior to building.
Residents of Waterford objected to Johnson building without the
approval of the Waterford Architectural Review Board.
Froberg said the City has received, from Mr. Johnson's attorney, a
notice of a claim against the City for $500,000 in damages. The way
the approval of this preliminary plat is done, Johnson cannot build
without the approval of a third party.
Froberg said that Johnson should not be required by the City to obtain
the permission of the Waterford Architectural Committee prior to
building, as this would be a delegation of the City's authority. He
said the City should try to contact the residents or Waterford for
their input, but make a decision with or without their input.
Gagne moved, Stover seconded, to table the discussion of the Johnson's
First Addition until the July 22nd meeting.
Motion carried - 5/0
Nielsen said he has talked to one of the organizers of the Waterford
group and he suggested the City talk to Mr. Lund (attorney) who lives
in the neighborhood. Nielsen said he will try to contact him.
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Froberg said these covenants, conditions and restrictions are for
the protection of the owners of the townhomes and includes
requirements imposed by the City. He recommends approval.
Gagne moved, Stover seconded, to approve the declaration of covenants,
conditions, restrictions and easements for Waterford Townhomes.
Motion carried - 4/1 (Lewis).
B.
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Froberg said Planned United Development Agreement Terms and
conditions would be in effect during the building phase
of the project. The Declaration of Restrictive Covenants would
insure that certain restrictions would continue in effect after
completion of the development.
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CITY OF SHOREWOOD ...
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI.HAMBERS
5755 C TRY CLUB ROAD
PAGE 6
Stover moved, Gagne seconded, to approve the Declaration of
Restrictive Covenants for the Commercial Property, Waterford, Third
Addition.
Motion carried - 3/2 (Daugherty, Lewis)
RANDY TRAVALIA, TRIVESCO asked for a thirty day extension of the
filing requirements for filing the final plat. He said one of the
Trivesco partners is out of the country and cannot be reached.
Nielsen said the thirty day extension will not slow down anything.
MnlDot has not completed its review of the intersection plans.
Gagne moved, Stover seconded, to grant a thirty day extension of the
filing requirement for the Final Plat of Waterford, Third Addition.
Motion failed - 2/3 (Daugherty, Lewis, Brancel)
Stover asked Nielsen what would happen if the final plat were not
filed. Nielsen said Trivesco would have to ask for final plat
approval again.
Froberg asked Travalia if another officer of the corporation could
sign the documents. Travalia didn't think there were other officers
who could sign.
Brancel told Travalia that the officers should have stayed in town to
settle this matter or left power of attorney.
Stover moved, Gagne seconded, to extend the period for filing the Plat
for two weeks.
Motion failed - 2/3 (Daugherty, Lewis, Brancel)
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Brancel said this Ordinance is mandated by the State of Minnesota.
She asked Froberg if the City needs to hold a public hearing.
Froberg said no, it is not a zoning ordinance.
Gagne moved, Stover seconded, to adopt .QB...P.IN.A:t.;H~E.......:N.Q..,..........?..~.~. "A Ordinance
Amending Chapter 507 of the Shorewood City Code providing for
Mandatory Recycling for Multiple-Family Dwellings."
Motion carried - 5/0
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Stover added the following changes to the document
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CITY OF SHOREWOOD ...
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI.HAMBERS
5755 C TRY CLUB ROAD
PAGE 7
1. Par. 2 - the last line - "hereby created effective at such date
as MnlDot approval of the intersection is received."
2. Third par. under Objectives: "To recommend methods to insure
that all residents affected by the Old Market Roadl HwY. 7
intersection are notified of the Task Force deliberations and any
subsequent City Council action."
Gagne asked the staff to make sure that no money is spent until it is
approved by the Council.
Lewis moved, Daugherty seconded, to adopt .RE.s..Q.L..!J.IIQN....J~.Q...,.........Q..2.=.2..l......" A
Resolution Establishing a Temporary Transportation Task Force for
Studying Traffic Control on Old Market Road."
Motion carried - 5/0
JOHN ASKINS OF SHADY HILLS objected to only one small area of
Shorewood being represented on the Task Force.
Lewis said the Old Market Road residents had the greatest safety
issues to address.
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Hurm stated there were more people with sprinkling systems in the
R.O.W than previously thought.
He said the staff drafted an Ordinance so that future residents would
realize that the sprinklers are not the responsibility of the City.
Brancel asked about the liability if the system is damaged by the
Public Works Department.
Froberg said Par. D addresses that issue. The applicant waives any
claim against the City for damages.
Gagne asked how the City can be sure the permit is filed with the
County Recorder and if the City will require current owners to file.
Froberg said the permit will not become valid until it is filed with
the County Recorder. Hurm said all current owners will be notified in
the Shorewood Newsletter.
MIKE BUECHLIN - said he took a private survey and found many sprinkler
systems in the City. He said that any Ordinance is an improvement.
RON LEAF - 19790 NEAR MOUNTAIN BLVD. said the Sweetwater Declaration
of Covenants allows sprinkling systems in the R.O.W.
Froberg said he would review this but he would be surprised if it was
addressed in the covenants.
Hurm suggested the Council reject Mr. Leaf's request for a sprinkler
system in the R.O.W and ask him to reapply under the new Ordinance.
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CITY OF SHOREWOOD ...
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI~HAMBERS
5755 Ctl'TRY CLUB ROAD
PAGE 8
Stover moved, Gagne seconded, to adopt QRP.IN8:N.G..E........NQ..,.........Z.;2..2......."An Ordinance
Amending Section 901.02 of the Shorewood City Code Providing for the
Location of Underground Sprinkler Systems in the Public Right-of-Way",
and waive the second reading.
Motion carried - 5/0
RIG..HI:::.Q..f.:::!Y..AY........P..E.R.MJ.I.
Applicant:
Location:
Ronald Leaf
19790 Near Mountain Boulevard
Stover moved, Gagne seconded, to deny the Right-of-Way permit for Mr.
Ron Leaf to keep or maintain private property within a publicly owned
Right-of-Way and ask him to reapply under the new Ordinance No. 239.
Motion carried - 5/0
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Engineer Dresel said the project will be started in the summer and
completed by the fall.
He said almost all the residents have, verbally, agreed to give
easements for the project.
Dresel said they will advertise for bids on June 26.
Gagne moved, Daugherty seconded, to adopt RE.SQ..LJJ...TJ..QN......NQ..,......2Q.:::.2..l......" A
Resolution approving Plans and Specifications and Ordering
Advertisment for Bids for Church Road Improvements."
Motion carried - 5/0
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.C..HEGKS.
Finance Director Rolek said his concerns regarding the proposed
collection company are addressed in his memo.
Lewis asked Rolek what is now being used. Rolek said no collection
firm is used.
Stover said Bill Josephson, Liquor Store Manage, has looked into this
problem extensively. She strongly recommended the City approve his
recommendations.
Daugherty asked the amount of bad checks the liquor stores had last
year.
BILL JOSEPHSON, Liquor Store Manager said there was $1000.00 in bad
checks.
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tITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI.HAMBERS
5755 C TRY CLUB ROAD
PAGE 9
Daugherty said this is a small percentage of the liquor store business
and thought it would be better to use a firm that retained a portion
of the fee rather than pay a firm in advance for the collection.
Josephson said it can be more expensive with that type of approach.
He must turn over all his returned checks and he does not have a
chance to collect them himself.
Josephson said he called the Better Business Bureau regarding United
Creditors Alliance Corp_and received a positive report.
Lewis asked Rolek what constituted a "qualified check".
Rolek said the check must not be fraudulent and at least $35.00. The
City must provide the name, address and phone number where the writer
can be reached. He said United Creditors will still try to collect
checks that are not qualified but they are not qualified under the
guarantee.
Stover moved, Gagne seconded, to approve the contract for the
collection of liquor store checks with United Creditors Alliance.
Motion carried - 5/0.
S..I.A.f.f.......RE.P..Q..RIS...;..
A.
ATTORNEY'S REPORT
1. Froberg said he will review the Sweetwater Covenants
concerning sprinkler systems and report to the Council at the
next meeting.
B. ENGINEER'S REPORT
1. Report on Badger Field Warming House
Dresel said Studer Masonry is still the lowest bidder at
$5100.00. He will send the contract to Studer.
2. Report on Church Road/T.H.7 Intersection Changes by Mn/Dot
Dresel said Mn/Dot plans to install right turn lanes on Hwy
7 and Eureka Rd. and HwY. 7 and Church Rd., about July 22.
C. PLANNING DIRECTOR'S REPORT
1.
Shorewood Oaks Subdivision
Petition
Nielsen said the speed study has been ordered, a letter was
sent to the Police Dept. to enhance patrol of the street and
the speed limit signs will be located in the outlot areas.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI~HAMBERS
5755 C'l'TRY CLUB ROAD
PAGE 10
2.
Report on Shorewood Rental Housing Code.
Nielsen said he and Mayor Brancel met with the Rental
Housing Code committee. He said 4 of the members wanted
no code at all. He said they reviewed the Code and will
meet again on Wednesday, June 26 at 7:00 P.M.
3. Planner's Report on Sign Requirements - Waterford P.U.D.
Nielsen said subdivision plat signs are usually removed when
80% of the project is completed. However, Trivesco is
requesting an extension of time until the 1991 Parade of
Homes, in September.
Daugherty and Lewis said the surrounding residents have
requested the signs be removed.
Daugherty asked if prior signs were removed or just sawed
off. Nielsen said he would check into it.
The Council agreed that the current Ordinance is reasonable
regarding the sign.
D. ADMINISTRATOR'S REPORT
1 .
Report on City Council Work Session - June 19th
Hurm reported that the Council has decided to cancel
the first Council meeting in July and the first one in
August.
Daugherty moved, Gagne seconded, to cancel the regular City
Council meetings on July 8 and August 12, 1991.
Motion carried - 5/0
2. Schedules
A. Work Sessions
Mon. July 8
Tues July 9
Water and Public Works
Joint Park CommissionlCity Council
Park Capital Improvement.
- Sanitary Sewer
Streets and Water
Capital Improvements, Water
- Operating Budget and Capital Imp.
Tues. July 23
Mon. July 29
Mon. Aug. 12
Mon. Aug. 19
B.
Salt Shed
Hurm said the City can do the grading and design the
building and get the salt removed in 1991.
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," ~ CITY OF SHOREWOOD _
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
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COUNCIMIlHAMBERS
5755 C~TRY CLUB ROAD
PAGE 11
Stover moved, Gagne seconded, to authorize the preparation
of plans and specifications for the salt storage facility.
Motion carried - 5/0
Hurm said Public Works Director Zdrazil has requested
that a small pile of salt and sand be retained at the
current location for the next winter season until the
new garage is built.
Lewis moved, Daugherty seconded to approve the retention of
a small pile of sand and salt at the present location for
one year for emergency purposes, until the new facility is
built.
Motion carried - 4/1 (Gagne abstained)
M.ATI.E.R.S.......ERQM......I.tlE......f.1.Q.QR..,...
Jim Wilson told the Council that a Federal Grant of $127,000 is
available for tree planting. However, the City must apply by July 10.
Hurm said he would look into it.
Daugherty moved, Gagne seconded, to authorize the City Administrator
to apply for this Federal Grant for Tree Planting.
Motion carried - 5/0
BOB RASCOP - LMCD REPRESENTATIVE
Rascop said the LMCD is harvesting 40 acres per day of milfoil on Lake
Minnetonka.
He said the LMCD preliminary budget will show the milfoil funds as
part of the LMCD general fund.
.~.Q.V.N.~.J...L..._..B..EP.Q.RI.S.....
A . MA YOR BRANCEL
Brancel asked Rolek about the cost of the Spring Clean-up. He
said the final costs are not in but he expects the cost to be
about $3 to $4 per resident.
B. COUNCILMEMBER GAGNE
Gagne asked Dresel about the Glen Road project. Dresel said he
has heard nothing.
11
.J; CITY OF SHOREWOOD ..
REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
COUNCI~AMBERS
5755 C~RY CLUB ROAD
PAGE 12
.
Gagne asked Rolek about the $3000 delinquent water bill. Rolek
said it is 90 days past due.
Gagne said he thought the Council had authorized the water to be
shut off 10 days after the last notice was sent to a commercial
user. Stover and Brancel agreed with him.
Rolek said he would check into it.
C.
COUNCILMEMBER STOVER
1. Request for a review of traffic controls
Stover said she has been contacted by her neighbors
regarding the reasons for stop signs on Rustic Way and
Idelwilde and West Lane and Garden Road.
Hurm said Zdrazil will check into this.
D. COUNCILMEMBER LEWIS
No report,
E, COUNCILMEMBER DAUGHERTY
No report,
.
AD.J..QURNMEN.::L.....s...!J.:aJ..E..c..r......I..Q.......I.HE.......P..A.'l.ME.N.I......Qf.......C.L..AJ.MS.
Lewis moved, Daugherty seconded, to adjourn the meeting at 9:53 P,M,
.!;2E.N.-E.R.AL_,...AN...D.._..L.J...Q!,LQR....f...!J.N.PS._...=......AC.CQJ,J..NI.......N...v.M12.E..R......Q.Q.=.Q.QJ..9.-9.=.Q.2.
Checks issued since June 11, 1991
Check No. 6929-6966
$ 106,088.30
TQI.A1.......CUE..C..K~L...lS.S..VE.D.
.~~.N.E.R.A.L.
15,456.15
$121. 544,45
LIQUOR
....-.............................
Checks for Council approval
Checks No. 6967-7013
JQ..IA.L........CUE..C.K.S.._.._f..Q.R......A.P...P..R.QV.A.L..
$ 127,195.65
IPI.A.1.......C.HE..C..K......A.P..PRQ.Y..l.:\.L........L..lS.r.
$248,740.10
.
:I. ~,?
If
,.."'~ CITY OF SHOREWOOD ..
. REGULAR CITY COUNCIL ME~G
MONDAY, JUNE 24, 1991
.
.
.
.CH.E.CK.._REG..1S.IER......F..QR....JU.N.E.......1.8.............1..9.9.1..............P..A.Y.R.Q.L.L
Checks no. 205219/205255
.L.IQV,OH
$3,163.10
HE..S.P.E..C..T..f.JJ..L..L..y......S..JJ..EM.l...TI.E..D.
Katie Snyder
Recording Secretary
1 ....
. .
COUNCI~AMBERS
5755 C~RY CLUB ROAD
PAGE 13
.!;2.E.N..E..R.A.L.
$12,463.31
.I.QI.A1.......GHE..C..:KS.........l.S..S..JJ..E.D.
$15,626.31