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120803 CC Reg AgP .. .. t , ~? CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 8,2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love --'-- Garfunkel_ L. , tzee _ Zerby _ Turgeon _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 24, 2003 (Att.- Minutes) B. City Council Special Meeting Minutes, December 1,2003 (Att.-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 (Att.- Claims List) B. Staffing - Approving the Permanent Appointment of Michelle Nguyen as Accounting Clerk 1 (Finance Director's memorandum, Proposed Resolution) C. Approving Year 2004 Refuse Hauler Licenses (Att. - Proposed Resolution) D. Approving Year 2004 Tree Trimmer Licenses (Att.- Proposed Resolution) E. Approving Year 2004 Therapeutic Massage Licenses (Att.-Proposed Resolution) F. Approving Year 2004 Agreements for Animal Control and Animal Impound Services (Att - Agreements) G. Authorizing the Mayor and City Administrator to Extend the EPDB Conditional Use License Agreement with Hennepin County (Att. - Proposed Resolution) H. Authorizing City Administrator to Enter into an Agreement for Computer Network Services for Year 2004 (Att.- Agreement) . CITY COUNCIL AGENDA - DECEMBER 8, 2003 PAGE20F3 1. Authorize Services for 2003 Audit (Att. - Finance Director's memorandum) J. John Pastuck Addition - Final Plat (Att. Draft Resolution, Development Agreement) Applicant: John Pastuck Location: Northwest Comer of Maple Avenue and Strawberry Lane K. Approval of the Revised Tournament Application (Att.-Public Work's Director's memorandum) L. Appeal Notice to Remove (Att. - Planning Director's memorandum) Appellant: George Gleason Location: 6130 Cathcart Drive 4. MATTERS FROM THE FLOQR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING A. Utility Easement Vacation Along Maple Street (Att. City Attorney's memorandum, Resolution) 7. PARKS 8. PLANNING - Report by Representative 9. GENERAL/NEW BUSINESS A. Approving the 2004 Budget and Approving the Property Tax. Levy Collectible in 2004 (Att.-Finance Director's memorandum., Proposed Resolution) B. Establishing the 2004 Pay Scale and City Insurance Contribution (Att. - Proposed Resolution) C. Authorizing the Transfer of Funds (Att.- Proposed Resolution) D. Set 2004 Utility Rates (Att. - Finance Director's memorandum., Proposed Resolution) E. Recommendation of Appointments by Hennepin County Board of Commissioners to the Minnehaha Creek Watershed District (MCWD) Board of Managers (Att.- Administrator's memorandum., Proposed Resolution) F. Approval of the Prosecuting Attorney 2004 Contract for Services (Att. - Administrator's memorandum) Applicant: Dan and Melissa Nelson Location: 25685 Birch Bluff Road ,4 CITY COUNCIL AGENDA - DECEMBER 8, 2003 PAGE30F3 G. Permit for Private Driveway in Public Right-of-Way (Att. Planning DirectOr's memorandum) 10. ENGINEERlNGIPUBLIC WORKS A. Discussion of Minnesota Department of Transportation (MNDOT) State Highway 7 Speed Corridor Study 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection 2. Public Safety Facilities B. Mayor & City Council 12. EXECUTIVE SESSION - AFSCME LABOR AGREEMENT 13. ADJOURN 130767 2s11171l3 J:ElFEB.. DtC::\C. . ADVANCE .sURVEYING & ENGINEERING. co. 1300 S. ErWY. 1'0.101 ~. MN SS34S Phone (952) 47ll-7964 Pax (9'52) 474-8267 ;un.VEYl'Oll: DICK KEIFER ;uR~: August.1003 . D~: August26.:1OO3 U!GAI. Dl!SCRII:'TION: BleCk: 6, }4a1lDS Additioll to B~ Blulft,akc Minnctanla>. Cicy of Sborcwood. Rt:lUlopm CoUllt)', M"_01L .. ~A.TIONS ItNOTBS:. . I. 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I " ~ ~ j 1::: " iii 1! .., iii ~ 9 v; ~.g E'o \='5 ~ !::~s 01 Old! ... 13 fl 11 ~ o::E~ ~ ~~~ ~ &:1.2.6 IfI ..Hat) l; u E.... 1;'5 1!U i:i Ii i j;'''U t J! c il.R l;l! " a ~ L'lI> cfdJ! 'H'ii ~-!11 .. '!j.!:!! .S! ""U d lfgll % lS ~rn~ 1 d '-1~ ~Hl B-u" ! t;] i =i~ ~ I ~ R- U - r/l M e- m ~ . 2i ~ C> R e .- ---..-j. . o "t. ~ November 20,2003 To: City of Shorewood Planning Department Subject: Request for use of public right of way known as 2nd Street and Clara Avenue. . To whom it concerns: We are in the process of purchasing property in Shorewood, known as Block 6 of Mann's Addition to Birch Bluff Lake Minnetonka. This is zoned residential, and is yet undeveloped. 2nd Street and Clara Avenue are undeveloped public right of ways. We are requesting use of the above-mentioned right of ways to access the land we are purchasing. This will allow us access to our future home. Please see the attached information we received from Hennepin County Survey Department showing the access. Thank you for your consideration. . Daniel and Milissa Nelson ~\\'b" t e. . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works V December 4, 2003 FROM: DATE: RE: Discussion Regarding Speed Study on State Trunk Highway 7 Attached is a memorandum dated November 25th, 2003 from the Minnesota Department of Transportation (MN/DOT) regarding a speed study that has been conducted on' State Trunk Highway 7, between Trunk Highway 25 and Trunk Highway 100. The purpose of this study was to determine the proper speed limit posting along the segment described. The City Council may recall that MN/DOT is responsible for the posting of speed limits within the state. The following process is used to determine the speed limit along any roadway: 1. Traffic is sampled along various points along the subject route. 2. The traffic data is tabulated and plotted as a "bell curve." 3. The State maintains the assumption that 85 percent of the motoring public are able to perceive risks along any roadway and operate their vehicle at a safe speed for the conditions that exist. Once the 85th percentile of a speed study along a roadway has been determined, a speed limit (in 5 miles per hour increments) is considered for the subject roadway that matches the 85th percentile. Other factors such as the "10 mile per hour pace" and geometric constraints are then considered for adjustment to this speed. 4. The "to mile per hour pace" is a factor that may help adjust the considered speed limit from the 85th percentile. The "10 mile per hour pace" is defined as the to mile per hour segment of the curve that contains the most number of speed samples. Simply put, a motorist travelling within this to mile per hour pace is "keeping up with the middle of the pack." Often times, where the 85th percentile exceeds a reasonable a value for the roadway, the to-mile per hour pace is utilized. 5. Other considerations are the proximity of schools, geometric constraints, and the ability for drivers to make reasonable turning movements outside of the main traffic flow. n ~.1 PRINTED ON RECYCLED PAPER df IDA Mayor and City Council Speed Study State Highway 7 December 4, 2003 Page 2 of 2 The current posted speeds for TH 7 are according to the following: Eastbound TH 7 . Smithtown Road to 250 ' West of Minnewashta Parkway: . 250 ' West of Minnewashta Parkway to Vinehill Road: 55 MPH 50 MPH Westbound TH 7 . Vinehill Road to 300' east of Christmas Lake Road: . 300' east of Christmas Lake Road to 400' west of Water Street . 400' west of Water Street to 100' west of Church Road . 100' west of Church Road to Smithtown Road 50 MPH 45 MPH 50 MPH 55 MPH . MNIDOT has performed the calculations for 10 mile per hour pace and the 85th percentile, and is recommending that the speed eastbound and westbound Trunk Highway 7 be posted at 55 miles per hour. In light of the speed data presented, it appears that the 85th percentile ranges between 51-62 miles per hour for Shorewood. Similarly, the 10-mile per hour pace ranges between 44 - 62 miles per hour. Therefore, the 85th percentile and the to-mile per hour pace would support a 55-mph posted speed along this route. Staff will present this item at the Monday night City Council for discussion. In addition, it is anticipated that Staff will have obtained any comments or concerns from the Police Chief. . . . . f(""1lllE1S01"of \ i E \ll jl 'S).OFl"I\"1l'" Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 1 2003 Minnesota Department of Transportation DEe November 25, 2003 Bryan Litsey, Chief of Police South Lake Minnetonka Police Department 810 Excelsior Blvd. Excelsior, MN 55331 Re: Speed Zoning C.S. 2704, C.S.1003 (TH 7) . Dear Mr. Litsey, Mn/DOT has recently completed an engineering and traffic investigation to determine reasonable and safe speed limits for Trunk Highway 7 between TH 25 and TH 100. The investigation supplements a previous study, completed in 2001. You might recall that the 2001 study, resulted in authorization of a 55 mph speed limit on TH 7 from a point east of Christmas Lake Road to a point west of Shady Oak Road. The study also indicated speed limit changes might be warranted through. the Excelsior, Shorewood area, after future construction projects, planned for the following two years, were completed. Given the planned construction projects in the area, it was decided to delay implementing the 55 mph speed limit until TH 7 could be re-evaluated after the projects were completed. . That re-valuation has been completed. Enclosed from the investigation is a map showing speed sample locations and summary, traffic volumes, current speed limits, and preliminary proposed speed limits in the ExcelsiorlShorewood area. Also enclosed for your information are copies of the speed samples obtained in the Excelsior and Shorewood area. Before we make final speed limit determinations, we ask that you review the enclosed information with the Shorewood and Excelsior city engineers; and contact us to discuss any concerns or preferences the city has regarding speed limits for TH 7. An equal opportunity employer 1.:<__ ..J . Bryan Litsey November 25, 2003 Page 2 It is estimated the study will be completed on December 17, 2003, and that final speed limit recommendations will be submitted to the State Traffic Engineer at that time. Please direct any questions, comments, or concerns regarding speed limits on TH 7 to either Colleen Larson (651-634-2144) or Ed Brown (651-634-2372) at the above address. Sincerely, ~g~ David B. Engstrom, P.E. District Traffic Engineer . Cc: Don Sterna, Excelsior City Engineer Larry Brown, Shorewood City Engineer . ::>t'l:.l:.U ::tAMt'Lt.::t ~UUU V.L Sample Number 11 12 13 1 15 28 29 85th LB. 56 59 60 59 63 58 Percentile Speeds W.B. 53 51 62 59 60 59 60 10 MPH E.B. 47-56 51-60 52-61 48-57 53-62 50-59 ci a; Pace W.B. 44-53 41-50 53-62 48-57 53-62 51-60 51-60 - -. LB. 73.5 82.6 79.5 65.5 66.7 80.7 I. In Pace W.B. 73.1 73.4 77.4 77.2 81.7 82.0 o MPH Pace SPEED SAMPLE 2003 41 57 NA 58 56 58 47-56 50-59 47-56 49-58 NA 50-59 47-56 50-59 71.4 79.6 79.8 72.6 15th Percentile ipeeds LB. W.B. E.B. W.B. E.B. 42 60 43 56 Pnr.A ~ AUTHORIZED 45 MPH SPEED LIMIT ~'U'" AUTHORIZED 55 MPH SPEED LIMIT (POSTED 50> - - - PROPOSED 55 MPH SPEED LIMIT sp ___ SPEED SAMPLE 2000 - 2001 sp ___ SPEED SAMPLE 2003 ):{ TRAFFIC SIGNAL 00000 2002 AADT o I 2000 1 (",... ^ I r Hd ceCT 37 38 39 40 5th Percentile 61 57 60 62 peeds 61 61 63 62 ) MPH Pace 52-61 49-58 51-60 53-62 53-62 49-58 51-60 54-63 .. 83.9 89.2 81.0 73.5 ..J MANN LA. In Pace 79.2 75.0 69.9 76.6 REUTlMAN LA. ~ SPEED SAMPLES 2000 8 9 56 59 57 60 48-57 51-60 48-57 52-61 81.4 85.3 Sample Number 65th Percent fie Speeds 10 MPH Pace LB. W.B. LB. W.B. E.B. I. In Pace lA' 0 ,n II ,n r.: 10 59 59 51-60 49-58 76.7 l?~''''~'~.''~ --- [5] sp- Sp- ):{ 0000 ~ /31. CONEFLOWER CURVE 138. BLUEBONNET BLVD. /39. PRIIolROSE PL. /40. LAOYSLIPPER LA. 141. BUTTERCUP CT. /42. SNAPDRAGON DR. 70 a::: .FM. I M\ln<::rAPJ:" ARRnRI="TllM OATE:~MBER 2003 LAKE 48. CASCADE CIR. 49. SHASTA CIR. W. 50. SHASTA C1R. E. 51. OLYMPIC CIR. ~ AUTHORIZED 45 MPH SPEED LIMIT AUTHORIZED 50 MPH SPEED LIMIT AUTHORIZED 55 MPH SPEED LIMIT PROPOSED 55 MPH SPEED LIMIT SPEED SAMPLE 2000 SPEED SAMPLE 2003 TRAFFIC SIGNAL 2002 AADT Cu~~arr POs.TED SPEED o I 2000 I SCALE IN FEET P'dge 4 of CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us Menmuxlm To: Mayor and Council Member I --fi(,). From: Twila Grout /'l,t,'\x;v '", CC: Craig Dawson, City Administrator cS> Date: December 8, 2003 Re: Agenda Item #3C - Approving Year 2004 Refuse Hauler Licenses I received Waconia Roll-Off Refuse Collector License Application today. The application is in order and I have added them to the resolution for approval. 1 ft ~J PRINTED ON RECYCLED PAPER 04-27 Waonia Roll-Off P.O. Box 196 Waconia, MN 55387 Resolution No. 03- Page 2 04-19 Haugen's Haulers, Inc. 7386 318t St. SE Buffalo, MN 55313 ADOPTED by the City Council of the City of Shorewood this 8th day of December, 2003. WOODY LOVE, MA YOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK. 0; '. 5755 COUNTRY CLUB ROAD · SHORI FAX (952) 474-0128. www,cLsh CITY OF SHOREWO Menrnmdum Wf- I}-og.o~ ~t- fQ(jpJ- arvVt~~ To: Mayor and Council Member From: Twila Grout):~ CC: Craig Dawson, City Administrator c:&> Date: December 8, 2003 Re: Agenda Item #3C - Approving Year 2004 Refuse Hauler Licenses I received Waconia Roll-Off Refuse Collector License Application today. The application is in order and I have added them to the resolution for approval. 1 ~ ~J PRINTED ON RECYCLED PAPER 3L 5 . '. Resolution No. 03- Page 2 04-19 Haugen's Haulers, Inc. 7386 31st St. SE Buffalo, MN 55313 04-27 Wa~mia Roll-Off P.O. Box 196 Waconia, MN 55387 ADOPTED by the City Council of the City of Shorewood this 8th day of December, 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK 1 3J CITY OF SHOREWOOD DEVELOPMENT AGREEMENT JOHN P AS TUCK ADDITION THIS AGREEMENT, made this day of ,2003, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and JOHN P AS TUCK, hereinafter referred to as the "Developer". WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer proposes to develop the Subject Property into four (4) single- family residential lots; and WHEREAS, the Developer has made application for a preliminary plat for the property with the Zoning Administrator, which preliminary plat was considered by the Planning Commission at their meeting held on 2 September 2003, and at a meeting of the City Council on 27 October 2003; and WHEREAS upon recommendation of the Planning Commission, the City Council did consider and grant preliminary plat approval, as set forth in Shorewood Resolution No. 03- 092, attached hereto as Exhibit B; and WHEREAS, the Developer has filed with the City the Final Plat for "John Pastuck Addition", a copy of which plat is attached hereto and made a part hereof as Exhibit C; NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as set forth in the minutes of the 27 October 2003 City Council meeting and in Shorewood Resolution No. 03-092. In addition, development of the property is subject to the requirements of the R-ID, Single-Family Residential zoning district. (01) Minimum setbacks (for all structures) shall be as follows: (a) Front: (b) Rear: (c) Side: (d) Side yard abutting a street: 30 feet 35 feet 10 feet 30 feet (02) Maximum building height, as defined by the Shorewood Zoning Code, shall be two and one-half stories or 35 feet, whichever is less. 2 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) All site grading including building pad correction where needed; (02) Sanitary sewer; (03) Municipal water mains and service connections; (04) Storm sewer and surface water drainage facilities; (05) Street name signs and traffic control signs; (06) Required landscaping and reforestation; consistent with the plans and specification prepared by Quality Site Design, LLC., dated 22 October 2003 , and received and approved by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer has filed with the City Clerk the final plat titled John Pastuck Addition for the development of the Subject Property. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this Development Agreement, is herewith adopted and approved by the City. 4.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - All ofthe materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed the quantities and qualities required by the approved plans and specifications, and shall be subject to inspection and approval of the City, which approval shall not be unreasonably withheld if the materials and work are consistent with the plans and specifications and the standards set forth herein. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such 3 rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be performed to be completed by 1 July 2004. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the installation ofthe Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat until the documents called for herein are filed. 9.) Easements - Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, water main, storm sewer, and surface water drainage facilities within the plat, if and to the extent required by the Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the City. Developer shall provide easements, in favor of the City, for all utilities located outside the public rights-of-way. Said easements shall be at least twenty feet (20') wide, centered on the respective utility lines. 10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements and delineation of the wetland buffer areas. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as reasonably necessary, to prevent the washing, flooding, sedimentation and erosion oflands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assIgnees. 4 13.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 2, are completed and approved by the City Engineer. .16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 17.) Conveyance of Improvements - Upon completion ofthe installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 29 below. 5 The final plat includes a parcel of City-owned land, legally described in Exhibit D, attached hereto and made a part hereof. Prior to release of the final plat, Developer shall pay the City $27,787.54 for the City-owned property. 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion ofthe required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 23.) Insurance - The Developer shall take out and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out ofthe Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any ofthem. This insurance policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00 and shall remain in effect until the improvements set forth in paragraph 2 have been accepted by the City. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. 24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State 6 of Minnesota, the Minnehaha Creek Watershed District, and the Metropolitan Council Environmental Services before commencing development of the plat. 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release ofthe final plat by the City, make a cash payment to the City in the sum of $4800 ($1200 for each lot) as local sanitary sewer access charges. 26.) Municipal Water Charges -Developer has agreed, at its expense, to install municipal water main to serve the lots within the plat. Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $40,000 ($10,000 per lot) as municipal water connection charges. The City agrees to refund to the Developer the cost of installing water mains within the plat, excluding the cost of installing services, up to, but not more than, $10,000 per lot. Developer shall provide invoices documenting the cost of installing the water mains within the plat. The amount to be refunded shall be subject to review and approval by the City Engineer. 27.) Park Fund Payment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $6,000 ($1500 for each lot) for the Park Fund. 28.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ("Policy") which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by --------------------- , dated , 2003 ("Plan"). The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. As partial security for its obligation under this paragraph 28, the Developer agrees that prior to the issuance of each building permit, it will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. 29.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each ofthem shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 7 With a Copy to: Shorewood City Attorney c/o Larkin, Hoffman, Daly & Lindgren LTD 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431 To the Developer: John Pastuck 20345 Excelsior Boulevard Shorewood, MN 55331 30.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. 31.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 32.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. 33.) Remedies Upon Default- (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer 8 further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense reasonably incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, after notice and failure to cure, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 28 hereof. (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. (b) If compliance has not occurred within such time, or ifthe violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (c) Following the hearing, the Council shall render its decision in writing. Ifthe Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all ofthe following actions: DEVELOPER CITY OF SHOREWOOD (i) impose a monetary penalty of not more than $1000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 34.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 35.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 36.) Execution of Counterparts - This Agreement 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. 37.) Construction - This Agreement shall be construed in accordance with the laws ofthe State of Minnesota. 38.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. By: John Pastuck By: Its: Mayor ATTEST: 9 The foregoing instrument was acknowledged before me this ,2003, by John Pastuck. day of STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 2003, before me, a Notary Public within and for said County, personally appeared Woody Love and Craig W. Dawson to me personally mown, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Notary Public THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department REVIEWED BY: Larkin, Hoffman, Daly & Lindgren, LTD. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431 (TJK) 11 > . (insert Exhibits) A Legal Description B Resolution No. 03-092 C Final Plat D Legal Desc. - City Property 12 Dee 8 2003 11:28 P.02 KENNETII N. purrs, P.A. Attorney at Law 5101 Thimseu. Avenue Suite 200 MJNNETONKA, MINNESOTA 55345 TELEPHONE (952) 474-4240 TELECOPIER (952) 474-()987 December 8, 2003 Craig Dawson City of Shorewood 5775 Country Club Road S~rewood, MN 55331 Re: Prosecution Services Dear Craig: I have your message in regard to the approximate number of cases for which I prosecute on behalf of the City of Shorewood. In order to do this, each arraignment calendar must be reviewed and. I do not keep those records. However, I handle approximately 8 to 15 cases per appearance every Tuesday. Last Tuesday I handled 11 cases on benalt of the City of Shorewood. This runs the gamut from speeding tickets to Gross Misdemeanor Dwrs and Domestic Assaults. This would average out to approximately 500 cases per year. The summer months are busier. I could spend five minutes handling one case while another could take. an hour and a half. Of that amount, approximately 10% to 15% get tried. Petty misdemeanor cases get tried to the court and misdemeanor cases get tried downtown and are held before a jury. ~~ Kenneth N. Potts KNP/sb Enclosures jt: Now to my concerns and requests: To: Mayor and City Council From: Carrie Dorfman 25845 Birch Bluff Road Date: Dec. 8, 2003 Re: Dan and Melissa Nelson - Permit for Private Driveway in Public R.O.W. File No. Property (25865 Birch Bluff Road) I have four questions of clarification from Brad Nielsen's memo to you, dated 12/4103 : 1. The first sentence states that the Nelson's have a purchase agreement to buy a five-acre parcel of land. My understanding was that it was a 2.6 acre parcel. Where does the discrepancy lie? And is the property truly limited to 1 home? 2. Does the "permit to extend a private driveway to the property, using the Second Street r.o.w." mean that Second Street will no longer exist or will the street continue to exist and the Nelson's driveway will extend off of Second Street and Second street would possibly become an access to the other five acre parcel that abuts the intersection of Second Street and Clara A venue? 3. Paragraph #1 on Page 2 refers to an alternative (#3) of a road extending in from Eureka Road along Clara A venue. My understanding is that such a possibility would go through a wetland and that is not permissible. Is that correct? And if so, how does that "paper street" get removed from paper? 4. Also, from that same paragraph, there is reference to two parcels on either side of the property under discussion, my assumption is that the parcel to the west is now built upon and is no longer part of the bigger picture. Is this correct? 1. There are several 200+ year old oak trees in this area-my property, the r.o.w. of Second Streets and Clara Avenue, and the Nelson's proposed property. That's 7 generations of history, and many of these oaks probably have 7 generations more of life in them (barring lightning and tornadoes, etc.) if we humans do them no harm. There are two of these oaks on my property that are at risk. The first is at the end of my driveway, nine feet within the property line, but the canopy stretches all the way to the Buckley's retaining wall. According to the person I use to care for my trees, a conservative guess is that 40% of the tree's root system will be affected by the excavation for the sewer line and the subsequent loss of nourishment due to paved surface. Is there anything that can be done to alleviate such damage? The second tree, I believe, does have the possibility of being saved if restrictions are applied. That tree is half on my property and half on the intersection of Second Street and Clara A venue. (There is a third oak next to it but within the public right of way.) I would request that the driveway and all construction equipment would not be allowed within 50 feet of these two trees. Is that possible? 2. Continuing along with the theme of oak tree preservation--- I would request that the strategically placed 16-foot wide pull-outs mentioned in paragraph 2, page2 of Brad's memo, include the strategy of preserving other oak trees, limiting the pull-out to a distance of 30 feet away. Is that possible? 3. I have a concern about run-off onto my driveway, which is the lowest of the three driveways, and already gets run-off from the east off of Birch Bluff. I can't afford any more water! Please! What can be done to safeguard this issue? Thank you for hearing my questions, concerns, and requests. Sincerely, Carrie Dorfman .. .. Greg A. Buckley 25885 Birch Bluff Road. Shorewood, MN 55331 (612) 470 - 0149 8 December 2003 Shorewood City Council 5755 Country Club Road Shorewood,~ 55331 Dear Council Members: The issue on the December 8, 2003 agenda item ~-G raises questions that need addressing before issue of permit for a private driveway in a public right-of way. These questions are: 1) Have other points of access to the property been thoroughly investigated? It seems access via Third Street to the west has some viable options in that: i) Shorter access to proposed building placement on the land ii) More room to maneuver placement of the private driveway, not as restricted by existing homes & driveways. iii) Established shared driveway/private road exists. 2) Will this private driveway be for single resident (i.e. 1 home) use only? 3) Will the driveway be constructed at 12ft width, paved with asphalt, cement or brick? 4) Is the extreme topography between our property and Dorfman's property taken into consideration (see attached survey)? What actions will be taken to ensure (if the permit is issued) that soil erosion and run-off is contained. What safety measures will be put in place to provide protection as a result of any retaining systems? 5) What protection or provisions will be allowed for tree preservation? A recent survey found there are 40 trees in the proposed tract, and of those 40 trees 10 are of a size of 12" diameter or more. In addition, there is a 200+ year old oak on the Dorfman's property adjacent to the proposed tract that most likely would not survive excavation or heavy moving equipment on the private driveway access. We understand the need to provide access to legal property. But at what cost in safety and destruction of natural resources is justifiable to existing tax-paying property owners' environment? Sincerely Yours, di/lll! .<:,'l~>',c~;;;;t':;, ....!.. ,-- ~.~.:.:~::~ I( ,. u...' I \ .'.. ,'.. \ I ,;:~'.~. \ .h m r I (fflO2/ CJrrl ~x r(/) r-i ZZ G)G) ~ ~ ~ - -- , ~;;j __. 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(952) 474-3236 FAX (952) 474-0128. www.cLshorewood,mn.us. cityhall@cLshorewood,mn,us Executive Summary Shorewood City Council Regular Meeting Monday, 8 December, 2003 A 6:00 PM Council Work Session is scheduled this evening, which will be recessed for the Regular City Council meeting, and reconvened after the Regular City Council meeting. Agenda Item #3A: Enclosed is the Verified Claims list for Council approval. Agenda Item #3B: Michelle Nguyen has successfully completed her 6-month probation period and staff recommends appointment to full-time permanent status as Accounting Clerk I, with the corresponding 6-month salary increase effective retroactively to December 2, 2003. - Agenda Item #3C: This motion adopts the annual resolution to approve licenses for Refuse Collectors for the year 2004. Agenda Item #3D: This motion adopts the annual resolution to approve licenses for Tree Trimmers for the year 2004. Agenda Item #3E: This motion approves the annual Therapeutic Massage license renewals for the year 2004. There are three license renewals. Agenda Item #3F: This motion authorizes the Mayor and City Administrator to enter into an Agreement for Animal Control Services with the City of Orono, and Animal Impound Services with Paws, Claws, and Hooves for the Year 2004. A slight increase of 3% is requested from the City of Orono. There is no increase in the Animal Impound Service fees. Agenda Item #30: This Resolution extends the annual Agreement with Hennepin County for Electronic Parcel Database (EPDB) for the purpose of obtaining Shorewood parcel data during the Year 2004. Approval requires a simple majority vote. Agenda Item #3H: This motion authorizes the City Administrator to enter into a 2004 computer maintenance agreement with Techies, at a rate of $500 per month. This is the same amount as 2003, and this item has been programmed into the 2004 budget ft ~.1 PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 8 December, 2003 Page 2 of3 .. Agenda Item #31: This motion approves an agreement with City Auditors Abdo, Eick and Meyer for annual auditing services for the year ending December 31,2003. A simple majority vote by the Council approves this motion. Agenda Item #3J: This resolution approves a final plat for a four-lot subdivision, proposed by John Pastuck. Please note that the development agreement will be e-mailed to you. We will also provide a separate hard copy under separate cover (perhaps at the appreciation event tomorrow night). Approval is subject to approval of plans and specifications by the City Engineer and Planning Director. Agenda Item #3K: At the November 12th Park Commission meeting, a revised form for organizations to host a tournament at the Shorewood Park facilities was considered and approved Changes included in this form are the addition of a cancellation policy, the regulations regarding the use and cleanup of the park and guidelines regarding traffic management. Staff is recommending approval of the revised Tournament Application form. Agenda Item #3L: Mr. George Gleason has requested additional time to comply with a "Notice to Remove" for his property at 6130 Cathcart Drive. He has already begun to remove some of the items in violation. Staff recommends that the property owner be given an additional 30 days to comply, after which the matter will be turned over to the prosecuting attorney for legal action, without further notice. . Agenda Item #6A: This resolution vacates an old drainage and utility easement left over from the vacation of Maple A venue years ago. Since utilities were all addressed in the redevelopment of the Shorewood Village Center. It is therefore recommended that the easement vacation be approved in order to enable the Center's title to be cleaned up. Agenda Item #9C: The City Council budgeted transfer of monies to and from various funds for capital improvement and other purposes in the 2003 Operating and Capital Improvement Budgets. This resolution authorizes the transfer of funds as authorized and budgeted by Council. Agenda Item #9A: On September 8,2003 the City Council approved the Proposed 2004 Budget which was subsequently certified to Hennepin County. The City held a Truth-in- . Taxation Public Hearing for the Proposed 2004 Budget and Tax Levy this year on December 1, 2003. The attached proposed resolution approves a final 2004 Budget and 2003/2004 Tax Levy. The levy must be certified to the County Auditor by December 29. Agenda Item #9B: The 2004 budget process included adjustments to city employee salary ranges and the City's contribution toward the employee insurance plan. The attached proposed resolution approves these adjustments to the pay ranges and sets the City's insurance contribution at $600 per month per employee. The schedule provides for a 1.5% increase in January and a 1.5% increase in July. If adopted, the changes will be effective January 1,2004 Agenda Item #9G: Dan and Melissa Nelson have a purchase agreement for a land-locked, five-acre parcel of land, located south of Birch Bluff Road. They have asked the City for permission to locate a private driveway on a narrow platted (but undeveloped) right-of- way called Second Street. In addition to the lack of width, there are terrain issues that complicate access to the property. Before the Nelsons spend additional money on engineering, they want to discuss the matter with the Council. .. Executive Summary - City Council Meeting of 8 December, 2003 Page 3 of3 Agenda Item #9D: After reviewing the Enterprise Fund budgets at a work-session, the City Council indicated support for a rate increase in the Water Fund. Staff is recommending approval of the proposed resolution authorizing the rate increase discussed by the Council at that time. Agenda Item #9E: Two Hennepin County positions on the Minnehaha Creek Watershed District (MCWD) expire on March 8, 2004. The City Council may make nominations to the County Board, and the Board must consider those nominations if they are made prior to January 8, 2004. A resolution has been prepared if Council wishes to act at the December 8 Council meeting. The matter could be continued to a future meeting; however, the County Board would not be required to give such nominations any consideration. . Agenda Item #9F: This item has been continued from the November 24 meeting, at which time the Council requested additional information from Mr. Potts regarding the scope and amount of prosecution services he has provided the City. Staff recommends that Mr. Potts's services be retained for 2004 as he has proposed, and further recommends that the joint-but-individual contract arrangement that Shorewood, Tonka Bay, and Excelsior have for prosecution services be evaluated during 2004. . Agenda Item #lOA: Staff has received a memorandum from the Minnesota Department of Transportation (MN/DOT) regarding a speed study that has been conducted on State Trunk Highway 7, between Trunk Highway 25 and Trunk Highway 100. The purpose of this study was to determine the proper speed limit posting along the segment described. Calculations would support a 55-mph posted speed along this route. Staff will present this item for discussion during the meeting. No action is require for this item. Agenda Item #12: Management staff and AFSCME Council No. 14 have reached a tentative labor agreement for 2004-2005. The staff memorandum regarding the proposed agreement is included in a separate sealed envelope. The Union has voted to approve the proposed agreement. Discussions about labor agreements may be conducted in executive session. Council should determine whether it wishes to discuss the agreement in executive session, or whether the information is sufficiently straightforward to act on it in regular session. If the Council holds an executive session, it would need to be tape recorded and made available after the agreement is in effect. The tape must be retained for two years. Staff is recommending approval of the terms of the proposed agreement, and authorization to execute the agreement with wording that effects these terms. . -' . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 24, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES ORAfl 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane (arrived 7:01 P.M.); Engineer Brown; Planning Director Nielsen and Park Commission Liaison Davis Absent: Councilmember Garfunkel, Finance Director Burton, and Planning Commission Liaison Borkon B. Review Agenda Mayor Love reviewed the Agenda for this meeting. Councilmember Zerby requested Item 3D be removed from the Consent Agenda and moved to Item 9C. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes, November 3, 2003 Zerby moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of November 3, 2003, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, November 10, 2003 Lizee moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of November 10, 2003, as amended, on Page 7, Item liB, change "space needs issue" to "community role issue." Motion passed 4/0. C. City Council Joint Work Session Minutes, November 13, 2003 Turgeon moved, Zerby seconded, Approving the City Council Joint Work Session Meeting Minutes of November 13, 2003, as presented. Motion passed 4/0. 3. CONSENT AGENDA Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List :ff ;L II - CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 2 of 6 B. Insurance Renewals - Property and Liability C. Adopting RESOLUTION NO. 03-101, "A Resolution Prohibiting Parking Along Smithtown Road and Portions of Strawberry Lane." D. Approval of the Prosecuting Attorney 2004 Contract for Services (This item was moved to 9C.) E. Amendment to the Water Tower Lease Agreement for AT&T-Southeast Tower F. Adopting RESOLUTION NO. 03-102. "A Resolution Accepting Quotes and Awarding Contract for LED Signal Conversion Project SAP Th.7." G. Set the Public Hearing date for easement vacation on Maple Street H. Staffing - Part-time Liquor Clerks Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting Held November 12, 2003 Park Commissioner Davis reported on matters considered and actions taken at the November 12, 2003, Park Commission Meeting (as detailed in the minutes of that meeting.) Mayor Love thanked her for her report and complimented the Park Commission on its planned projects for the upcoming year. 8. PLANNING Due to the absence of Planning Commissioner Borkon, Director Nielsen reported on the November 18, 2003 Planning Commission Meeting (as detailed in the minutes of that meeting). A. Minor Subdivision/Combination Applicant: Schwarz Builders, Inc. Location: 24140 Yellowstone Trail - '. . . . . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 3 of6 Director Nielsen explained the applicant had purchased the property at 24140 Yellowstone Trail and the vacant lot next to it. The applicant had requested a minor subdivision and combination to rearrange the lot lines between the two parcels. The westerly of the two lots was vacant, but virtually unbuildable due to wetland and wetland setbacks. The lot line rearrangement would add buildable area to the westerly lot, as shown on the submitted survey, with access through a shared driveway to the easterly lot. The subject properties contained a total of 3.32 acres, with a single-family dwelling occupying the easterly parcel. As proposed, the westerly parcel would contain 2.31 acres and the easterly parcel would contain 1.01 acres. Upon analysis, Director Nielsen stated both of the proposed lots complied with the area, width, and depth requirements of the R-1A Zoning District. To avoid disturbing the wetland area, the applicants proposed serving both properties with a common driveway on the east side of the site. The driveway serving the existing home would be removed. Director Nielsen also noted the proposal was considered to be a good solution to the development of this property, versus filling and mitigating the wetland. The applicants also planned to construct a house on the new lot, while still observing the City's wetland buffer and setback requirements. Councilmember Turgeon questioned the options available as an alternative to a shared driveway, and requested clarification about the dimensions of the proposed driveway. Director Nielsen stated the driveway width depended on the choice of the developer regarding a sprinkler system being connected to the proposed house on the site. He also noted the Comprehensive Plan did encourage the use of shared driveways to extent possible, and in this case, it seemed best to limit the access points onto Yellowstone Trail. Zerby moved, Lizee seconded, Approving a Minor Subdivision/Combination, subject to Staff Recommendations, for Schwarz Builders, Inc., 24140 Yellowstone Trail. Motion passed 4/0. B. Minor Subdivision/Combination Applicant: Kay Triden Location: 4975 Kensington Gate Director Nielsen explained the applicant was requesting a lot line rearrangement for her property at 4975 Kensington Gate. As she explained in her request letter, her existing deck was located on the common area of Amesbury, beyond the unit-lot boundary of her property. A lot line adjustment would solve the problem and Director Nielsen noted she had the support of the Amesbury Homes Association. Director Nielsen also stated occasionally cases like this had shown themselves over the years in the Amesbury Planned Unit Development, due in part to a practice of not requiring surveys at the time the original units were being built. The conveyance did not adversely affect the common area and observed the required setback from Manor Road. The Planning Commission and Staff had recommended approval subject to the applicant recording the resolution within 30 days of her receipt thereof. Councilmember Turgeon expressed concern for more cases like this one, and questioned whether it would be possible to request the Amesbury Association to replat that area. Attorney Keane, in response to Director Nielsen's question of process, stated a "triggering event" was needed to make that request. He stated the Amesbury Homeowners Association could be given notice that should further cases like this one present themselves, lots would need to be surveyed and replatted, which he also noted was a rather large undertaking. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 03-103, " A Resolution Approving Subdivision and Combination of Real Property for Kay Triden, 4975 Kensington Gate." Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 4 of6 . . Zerby moved, Turgeon seconded, Directing Staff to Notify the Amesbury Board that future . requests, such as this one, would be grounds to "trigger" the necessity for replatting of the Amesbury Planned Unit Development. Motion passed 4/0. 9. GENERALINEW BUSINESS A. South Lake Minnetonka Police Department 2004 Operating Budget Administrator Dawson explained the City of Excelsior had submitted a proposal to the four member cities of the Joint Powers Agreement (JPA) that governed the South Lake Minnetonka Police Department for the 2004 Operating Budget. This proposal included a combination of additional revenue and reductions in expenses that it believed would form the basis for equal services provided to all JP A member cities. He went on to explain the four member cities met to discuss this issue and mediate a solution on November 13, 2003. While there was a great deal of discussion, no alternative action or direction was identified. The majority of the SLMPD Coordinating Committee believed "Approach A" . for 2004 should be pursued, whereby the three cities of Greenwood, Shorewood, and Tonka Bay would agree to increase their contributions to maintain a higher level of service, provided that each of the three cities followed through on this commitment. No further proposals had been received at this point in time. Turgeon moved, Zerby seconded, that the Council reaffirm its support and commitment to "Approach A" for the South Lake Minnetonka Police Department 2004 Operating Budget. Motion passed 4/0. B. Resident Complaint regarding Public Safety Facility Administrator Dawson explained Allan Vanderlinde, owner of the property at 5550-5560 Shorewood Lane, had raised concerns about the final grade of the slope on the north side of the Public Safety Facility, and requested this issue be placed on the Agenda for this evening so Mr. Vanderlinde could address Council. Mr. Vanderlinde had noted the final grade did not conform to the plans in place at the . time the Conditional Use Permit for the property was approved. The resulting slope removed the openness that had extended from the edge of his property to the City's Public Works maintenance site. Administrator Dawson then reviewed the soil content that had been found on the site, and subsequent field decisions for how best to abate the soil issues. He also noted Mr. Vanderlinde was not present this evening, and no word had been received from him since the receipt of his request letter, dated November 6,2003. Councilmember Zerby stated he was concerned about this matter since the beginning of the project, and questioned the impacts of the soil and its slope for Mr. Vanderlinde. Engineer Brown explained the process followed in working with Mr. Vanderlinde to mitigate the issue. He explained Mr. Vanderlinde wanted the soil removed and spread further west toward the Public Works, which would place mature trees at risk. He noted concerns had been heard from neighboring Tonka Bay residents and other residents that the mature trees should not be compromised in this project. Engineer Brown, in response to Councilmember Zerby's question, estimated soil removal costs roughly between $5,000 and $8,000. Councilmember Zerby believed the decision to leave the soil was economic, and noted he agreed with the concerns stated by residents regarding this decision. . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 5 of6 Director Nielsen stated Staff would recommend keeping the hill in place if a revised Conditional Use Permit process was enacted, as the hill and landscape provided additional landscaping and a better view for the residents. Mayor Love stated he believed Councilmember Zerby's concerns were valid, and requested Staff continue to work with area residents to find remedy to this issue. c. Approval of the Prosecuting Attorney 2004 Contract for Services Administrator Dawson reviewed the scope and services to be provided by the Prosecuting Attorney as apart of the contract for services in the Year 2004. Councilmember Zerby stated he was concerned there had been no regular communication regarding the services that Attorney Potts provided, and he requested a more detailed report be given in the future. Administrator Dawson stated Mr. Potts would be asked to provide a report for the next Regular City Council Meeting. 10. ENGINEERINGIPUBLIC WORKS A. Vacate Right-of-Way Property Applicant: James Marso Location: 5495 Wedgewood Drive Engineer Brown reported, at the November 10, 2003, Regular City Council Meeting, a Public Hearing had been conducted regarding this matter. At that time, no residents appeared in support or objection to the request, however, a written request had been receive questioning the location of the paved surface of Wedgewood Drive, within the dedicated right-of-way. He explained the location of the traveled surface of Wedge wood Drive had since been surveyed in relationship to the dedicated right-of-way. Findings indicated the traveled surface was within the public right-of-way and no additional right-of-way was required along Wedgewood Drive. Staff was therefore recommending approval of the request. Engineer Brown explained, in response to Councilmember Turgeon's question, that the topography in the area would allow the right-of-way property proposed for vacation to be utilized for drainage utility purposes. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 03-104, "A Resolution Approving Vacation of Right-of-Way Property for James Marso, 5495 Wedgewood Drive." Without objection from the maker and seconder of the motion, the motion was amended to include additional verbiage in the resolution in Paragraph 4, "....and hereby are vacated and the southerly vacated area be vacated in equal ten-foot strips to the abutting properties." Motion passed 4/0. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson noted progress continued to be made on the intersection project, noting the goal was to have plans for the project finalized by the end of this year, and ready to bid in Spring of 2004. He also shared an update from Hennepin County regarding right-of-way negotiations and the schedule for demolition of the Liquor store. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 6 of6 2. Public Safety Facilities Administrator Dawson stated a Groundbreaking ceremony had taken place for the East Side Public Safety Facility November 22, 2003. 3. Gideon Glen Director Nielsen briefly reviewed the changes made to the concept plans for Gideon Glen and progress made in working with other agencies in bringing Gideon Glen to fruition as part of the County Road 19 Corridor Study and Intersection Project. Councilmembers commented they liked the proposed trail being further away from the road, as well as the revised shape to the pond planned for the site. Director Nielsen also noted the front half of the site would have substantial alterations as part of the project. B. Mayor & City Council Mayor Love stated it was with profound sadness he attended the funeral of Scott Aanerud earlier in the day. He stated the South Lake Minnetonka area had lost a fine reserve officer of the SLMPD, and would miss the diligence shown by this young man in providing many aspects of exemplary service to the entire South Lake Minnetonka community. A brief discussion was held regarding concerns from residents regarding the impacts made on a lot near the intersection of Smithtown Road and Wedge wood Road. 12. ADJOURN Turgeon moved, Zerby seconded, Adjourning the Regular City Council Meeting of November 24, 2003, at 8:25 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator , . . . MINUTES ORAfl CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, DECEMBER 1, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:15 PM 1. CONVENE SPECIAL MEETING Mayor Love called the meeting to order at 7: 16 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator Dawson; Engineer Brown, and Finance Director Burton Absent: None . B. Review Agenda Without objection from the Council, Mayor Love proceeded with the Agenda. 2. TRUTH IN TAXATION PUBLIC HEARING Mayor Love opened the Truth in Taxation Public Hearing at 7:18 P.M. A. Staff Presentation . Administrator Dawson explained the Legislature required cities to hold the annual Proposed Budget and Tax Levy Hearing, known most commonly as the Truth in Taxation Hearing, to gain public comment about the City's proposed 2004 Budget and the general property tax levy and the special tax levy necessary to support it. He further explained action was not allowed on this item by Council this evening, but would most likely take place at the Regular City Council Meeting of December 8, 2003. Finance Director Burton then presented information on the City's property tax distribution for 2004 and reviewed the budget calendar of preparation. She stated the General Fund Budget was expected to increase from $3,719,072 to approximately $3,921,947. Upon review of the proposed revenues for 2004, she stated taxes comprised approximately 86% of the revenues, along with license and permits, and other various revenues. Next, she reviewed the proposed expenditures for 2004, noting the Public Safety facilities would comprise approximately 40% of all expenditures, with the remaining expenses including general government, public works, park and recreation, capital transfers and contingencies. Finance Director Burton stated the tax levy increase was anticipated to be approximately $3,420,229 from $3,156,847 in 2003. She note reasons for the increase included expenditures for the Public Safety Debt Service payments in the form of a Special Levy, and a General Property Tax levy increase of 1.9%. Finance Director Burton briefly summarized the Enterprise Funds, and subsequent proposed budgets for these funds, including Water Operations, Water Debt Service, Sanitary Sewer, Stormwater Management, and Liquor Operations. -:tt-;( B CITY COUNCIL SPECIAL MEETING MINUTES December 1, 2003 Page 2 of2 Finance Director Burton stated, in summary, total property taxes on a $326,000 homestead in Shorewood would be approximately $4,379. The City portion of that tax bill would be $970. For that amount of money, residents received a value in City services in the areas of police protection, fire protection, clean drinking water, snow plowing, street maintenance, parks and trails, building inspections, and other City services. Administrator Dawson stated a meeting of the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee had taken place earlier in the day to discuss implementation of "Approach A" as part of the SLMPD Operating Budget proposed for 2004. He noted the proposed budget before Council this evening included a 6.3% increase due to that implementation, which was anticipated to take place on January 1,2004. Mayor Love thanked Staff for all efforts made in preparation and collaboration on the budget presentation. Councilmember Lizee complimented the Finance Department for its fine and thorough budget preparation and presentation by Finance Director Burton this evening. B. Public Hearing . Mayor Love noted no one was present this evening to address Council, and no other correspondence had been received on this matter; thus, he closed the Public Hearing at 7:25 P.M. C. Council DeliberationlDecision to Reconvene Administrator Dawson noted Council would take action on the proposed budget and tax levies at the Regular City Council Meeting of December 8, 2002. 3. ADJOURN Turgeon moved, Zerby seconded, adjourning the Special Meeting of December 1, 2003, at 7:26 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary . Woody Love, Mayor Craig W. Dawson, City Administrator PAYABLESAPPROVALS For 12/08/03 Council Meeting . I) . Prepared by: C {~~ ~ Catherine Elke, Sr. Accountant Reviewed by: L ~ Bonnie Burton, Finance Director "1 Approved by: ~l"4,#;t::b-- Craiglp'awson, City Administrator ? . Date: /62 ~t.j-()3 Date: ~ Date: 12.01.03 JF3ft Check Approval List for 12/08/03 Sorted by Department Check# Vendor Name Description Check Date Invoice # Amount 36423 AFFILIATED EMERGENC 12/4/2003 15683 $88.00 36424 AFSCME COUNCIL 14 DEC UNION DUES 12/4/2003 $193.90 36427 AT&T WIRELESS SERVI 12/4/2003 4160966-1 $63.27 36427 AT&T WIRELESS SERVI 12/4/2003 4160966-1 $33.42 36429 BERRY COFFEE CO 12/4/2003 382484 $30.50 36430 BRYAN ROCK PRODUCT ROCK 12/4/2003 113003 $139.88 36431 C.H CARPENTER LUMBE LUMBER 12/4/2003 474626 $18.66 36432 CHAMPION AUTO STOR FUEL HOSE 12/4/2003 230927 $1.25 36433 COVERALL OF THE lWl DEC CLEANING SVC 12/4/2003 81091 $335.48 36433 COVERALL OF THE lWl DEC CLEANING SVC 12/4/2003 81092 $195.96 36435 EXCELSIOR ACE HARD MISC SHOP SUPPLIES 12/4/2003 591526 $10.72 36435 EXCELSIOR ACE HARD MISC SHOP SUPPLIES 12/4/2003 592113 $2.64 36435 EXCELSIOR ACE HARD MISC SHOP SUPPLIES 12/4/2003 593490 $3.17 36437 FORTIS BENEFITS INS C DEC STD PREM 12/4/2003 $112.35 36438 GATHERINGS AT EXCEL FLOWERS-ELKElGARFUN 12/4/2003 299 $102.19 36442 HOPKINS PARTS COMP OIL FILTERS 12/4/2003 3969 $55.82 . 36442 HOPKINS PARTS COMP ANTIFREEZE 12/4/2003 3970 $10.87 36443 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 1 12/4/2003 302131-12 $1,088.76 36444 KEEFE, SALLY NOV STATEMENT 12/4/2003 $300.00 36444 KEEFE, SALLY NOV STATEMENT 12/4/2003 $475.00 36446 LOCAL LINK USA BUSIN DEC WEB SVC 12/4/2003 95220466 $109.95 36447 MAMA MAMA LUNCHEON 11/20/ 12/4/2003 751 $18.00 36450 MEDICA DEC HEALTH INS 12/4/2003 10333513 $4.604.51 36451 METLlFE DEC DENTAL INS 12/4/2003 $658.71 36454 MINNESOTA PLAYGROU HOCKEY NET MATERIAL 12/412003 2003376 $190.64 36455 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 12/4/2003 $193.35 36456 MINN NCPERS GROUP L DEC ELECT LIFE PREM 12/4/2003 $12.00 36457 MN SUN PUBLICATIONS BOSWORTH CUP 12/4/2003 644420 $42.90 36457 MN SUN PUBLICATIONS ANNUAL DISCLOSURE TA 12/4/2003 648168 $57.20 36457 MN SUN PUBLICATIONS PRELIM PLAT.CAPESTON 12/4/2003 651133 $50.05 36458 MTKA HIGH SCHOOL SA APPREC EVENT MUSIC 12/4/2003 $200.00 36459 NGUYEN. MICHELLE NOV MILEAGE 12/4/2003 $17.64 36461 OFFICE DEPOT 12/4/2003 21832208 $67.19 . 36461 OFFICE DEPOT 12/4/2003 21860647 $24.68 36463 PANCHYSHYN. JEAN CAKE FOR APPREC EVE 12/4/2003 $114.75 36464 PAWS. CLAWS & HOOV DEC SVC 12/4/2003 $159.75 36465 PAZANDAK. JOSEPH MILEAGE 11117,11/28103 12/4/2003 $95.04 36466 PERA PAYROLL DEDUCTIONS 1 12/4/2003 762400-12 $2.372.67 36466 PERA PAYROLL DEDUCTIONS 1 12/4/2003 762400-12 $2,572.70 36467 POMMER COMPANY, IN PALESCH PLAQUE 12/4/2003 50972 $65.04 36468 PRUDENTIAL INS CO OF DEC LIFE PREM 12/4/2003 $37.05 36468 PRUDENTIAL INS CO OF DEC LIFE PREM 12/4/2003 $81.65 36471 SHOOP, JIM APPL FEE REFUND-4355 12/4/2003 $300.00 36473 WASTE TECHNOLOGY, I OVERPMT OF 2004 L1CEN 12/4/2003 $100.00 36475 ZEE MEDICAL SERVICE MEDICAL SUPPLIES 12/4/2003 54203300 $105.02 36475 ZEE MEDICAL SERVICE MEDICAL SUPPLIES 12/4/2003 54203300 $45.00 36476 ASSOC. OF METRO MUN LMC/AMM MTG 11120/03 12/9/2003 560 $30.00 36479 BERRY COFFEE CO 12/9/2003 385246 $22.00 36479 BERRY COFFEE CO 12/9/2003 385247 $39.00 36480 BKV GROUP SPACE NEEDS STUDY-N 12/9/2003 21066 $6,440.76 36482 DOCUMENT RESOURCE AP CHECK STOCK 12/9/2003 146231 $438.88 36490 LANO EQUIPMENT, INC. BOBCAT FORKS ATTACH 12/9/2003 84502 $692.25 ~~;:::t:<<<"7:i::;i~"1Z"~~';:~;:t,!',;j',~':m;:>ri~i;i!{Jm,?",~,:!(!:..l;;;:,:~;.:_;.s,,;:;:~';::',:;;;,:};z:i;j,;:rt::.<f;::~f~':.J.:i;~~~g:tO:;;;,~t';::-:'1~'r.;.~~\~_~:r;:-~~~~~~::;r;Y7-.'i::~i.\1 ',~;;,::,,;<;~;!,_':t;'~,;'~d:":"L~;;'1'J'^':'J.i;~~,~~PiJ'~:."Z;:iB,~!;,-';;;::_';j,:,:;;;,,-:;,e,;cri2.~T;:,;;:~~~:ur,:,.z.'i;;;::4<~;~''.l1tm!:,~mE''1~;.~:~"';':1.'j.~-"-',f~:,f;'~l-:1! Thursday, December 04, 2003 Page 1 of7 . Check # Vendor Name Description Check Date Invoice # Amount 36491 LARKIN, HOFFMAN, DAL GENERAL MATTERS 12/9/2003 445802 $1,750.00 36491 LARKIN, HOFFMAN, DAL R. JOHNSON ET AL V. CIT 12/9/2003 445804 $212.50 36491 LARKIN, HOFFMAN, DAL CUB FOODS 12/9/2003 445806 $480.00 36491 LARKIN, HOFFMAN, DAL RECODIFICATION OF CIT 12/9/2003 445807 $2,287.50 36491 LARKIN, HOFFMAN, DAL ACQ OF PUBLIC ROW/G. 12/9/2003 445808 $615.00 36492 LEAGUE OF MN CITIES I G.L. INS RENEWAL 12/9/2003 14605 $44,232.00 36492 LEAGUE OF MN CITIES I UMBRELLA INS COVERA 12/9/2003 14606 $5,910.00 36494 MCLEOD USA 12/9/2003 2346052 $137.16 36494 MCLEOD USA 12/9/2003 2346052 $157.95 36494 MCLEOD USA 12/9/2003 2346052 $486.83 36495 MIDWEST MAILING SYS NOV NEWSLETTER 12/9/2003 56847 $337.07 36496 MINNEGASCO 12/9/2003 $153.86 36496 MINNEGASCO 12/9/2003 $111.38 36496 MINNEGASCO 12/9/2003 $61.76 36496 MINNEGASCO 12/9/2003 $306.13 36498 OFFICE DEPOT 12/9/2003 22413369 $103.18 36498 OFFICE DEPOT 12/9/2003 22443233 $39.03 36501 QWEST 12/9/2003 $89.86 36502 RUMPCA CO INC SEPT/OCT BRUSH DISPO 12/9/2003 1840 $324.00 . 36503 SPEEDWAY SUPERAME 12/9/2003 $1,080.93 36506 USIINC LAMINATOR 12/9/2003 03084730 $235.63 36507 VERIZON WIRELESS 12/9/2003 35164038 $66.63 36511 WSB AND ASSOCIATES CUB FOODS WATERMAIN 12/9/2003 01074.762 $652.50 36511 WSB AND ASSOCIATES LINDEN HILLS CONSTR 0 12/9/2003 01074-790 $887.00 36511 WSB AND ASSOCIATES CUB FOODS 12/9/2003 01074-800 $864.00 36511 WSB AND ASSOCIATES GENERAL SVCS 12/9/2003 01074-990 $144.00 36511 WSB AND ASSOCIATES LK LINDEN DR PED TRAIL 12/9/2003 01459-013 $523.00 36513 XCEL ENERGY 12/9/2003 0114-707- $14.76 36513 XCEL ENERGY 12/9/2003 0208.203- $7.38 36513 XCEL ENERGY 12/9/2003 0326.600- $33.59 36513 XCEL ENERGY 12/9/2003 0356-200- $21.12 36513 XCEL ENERGY 12/9/2003 0727-302- $236.49 36513 XCEL ENERGY 12/9/2003 1300-208- $99.05 36513 XCEL ENERGY 12/9/2003 14n-205- $229.23 36513 XCEL ENERGY 12/9/2003 1541.203- $7.38 . 36513 XCEL ENERGY 12/9/2003 1966-609- $136.64 36513 XCEL ENERGY 12/9/2003 2052.902. $13.55 36513 XCEL ENERGY 12/9/2003 2164-107- $28.73 TOTAL FOR 101 GENERAL FUND $86,297.04 36511 WSB AND ASSOCIATES FREEMAN PK DRIVEWAY 12/9/2003 01074-483 $3,257.60 TOTAL FOR 402 PARK CAPITAL IMPROVEMENT $3,257.60 36428 BAILEY, BOYD NOVEMBER MILEAGE 12/4/2003 $62.64 36511 WSB AND ASSOCIATES SMITHTOWN RD OVERLA 12/9/2003 01074-583 $16,026.14 36511 WSB AND ASSOCIATES TH 7 LED 12/9/2003 01529-000 $418.50 TOTAL FOR 405 MSA CAPITAL IMPROVEMENT $16,507.28 36491 LARKIN, HOFFMAN, DAL G. HENDRICKS V. CITY 12/9/2003 445803 $662.50 TOTAL FOR 490 SENIOR COMMUNITY CENTER $662.50 36425 ANCHOR TITLE SERVICE REF OVERPMT 5220 VINE 12/4/2003 $30.30 36439 GOPHER STATE ONE-CA OCT SVCS 12/4/2003 3100712 $41.08 36460 NORTHERN TOOL & EQ WATER DEPT SUPPLIES 12/4/2003 9008013 $42.58 36470 QWEST 12/4/2003 $58.71 36484 F.F. JEDLlCKIINC WATER MAIN LEAK-25605 12/9/2003 $2,659.00 36494 MCLEOD USA 12/9/2003 2346052 $45.72 r::;rr:',~",'t2;.;.,:,11:;r:}_:.%~.t"t,i~;:~.,R,~::::~Wf.~:t;':;:"':Jtt't:3::;$~t-'?!~z:.,!,'i~=-..lt'J.;~"!f~~'.t--t1,;,'i;~!;Z~';r:;'.ii:~'[.;,"i1?x..;;"r;~;~;,':i.',:;;'%::(;::!('I:;.i']jJ?~_'_!S ;;;,',~1.1;:0.~,."f.n1J::~g,k'n~M1.mL'1)l!IJ_'$~>$:;{ijru>s''C:<;'~!!Ml~lmG'''.::::;.:~::g~;:~!::ft;t'~'1t~:;':~i:';."Z:.,'J:.t:';'ltn;f~~%..~"''r:.'t;,D':;::~',:,j"] Thursday, December 04, 2003 Page 2 of7 Check # Vendor Name Description Check Date Invoice # Amount 36494 MCLEOD USA 12/9/2003 2346052 $91.44 36496 MINNEGASCO 12/9/2003 $59.20 36496 MINNEGASCO 12/9/2003 $107.65 36496 MINNEGASCO 12/9/2003 $173.23 36497 NEXTEL COMMUNICATI 12/9/2003 58828331 $52.37 36501 QWEST 12/9/2003 $51.61 36501 QWEST 12/912003 $51.61 36513 XCEL ENERGY 12/9/2003 0234-748- $8.08 36513 XCEL ENERGY 12/9/2003 1692-607- $525.16 36513 XCEL ENERGY 12/9/2003 1776-835- $11.82 36513 XCEL ENERGY 1219/2003 2270-109- $401.23 TOTAL FOR 601 WATER UTIUTY $4,410.79 36425 ANCHOR TITLE SERVICE REF OVERPMT 5220 VINE 12/4/2003 $30.29 36427 AT&T WIRELESS SERVI 12/4/2003 2893733-1 $86.21 38427 AT&T WIRELESS SERVI 12/4/2003 4160966-1 $90.82 36435 EXCELSIOR ACE HARD SEWER SUPPLIES 12/4/2003 592457 $3.17 36435 EXCELSIOR ACE HARD SEWER SUPPLIES 12/412003 593368 $16.Q1 36439 GOPHER STATE ONE-CA OCT SVCS 12/4/2003 3100712 $41.07 36452 METRO COUNCIL ENVIR OCT SAC CHGS 12/4/2003 $5,049.00 36497 NEXTEL COMMUNICATI 1219/2003 58828331 $52.37 36511 WSB AND ASSOCIATES BIRCH BLUFF LIFT STATI 12/9/2003 01074-702 $3,018.00 36513 XCEL ENERGY 1219/2003 0074-000- $8.00 36513 XCEL ENERGY 12/9/2003 0191-308- $19.95 36513 XCEL ENERGY 12/9/2003 0640-202- $14.88 36513 XCEL ENERGY 12/9/2003 0675-505- $17.28 36513 XCEL ENERGY 12/9/2003 0942-567- $30.58 36513 XCEL ENERGY 12/9/2003 1350-001- $25.42 36513 XCEL ENERGY 12/9/2003 1641-408- $49.52 36513 XCEL ENERGY 12/9/2003 1765-206- $28.49 36513 XCEL ENERGY 12/9/2003 2325-902- $23.45 36513 XCEL ENERGY 12/9/2003 2397-003- $13.33 36513 XCEL ENERGY 12/9/2003 2486-903- $24.95 TOTALFOR 611 SANITARY SEWER UTILITY $8,642.79 36426 ARCTIC GLACIER INC 12/4/2003 46333070 $62.04 36426 ARCTIC GLACIER INC 12/4/2003 46333210 $48.96 36426 ARCTIC GLACIER INC 12/4/2003 46333290 $23.80 36436 EXTREME BEVERAGE 12/4/2003 164151 $32.00 36437 FORTIS BENEFITS INS C DEC STD PREM 12/412003 $9.00 36440 HERMEL WHOLESALE 12/4/2003 444503 $196.45 36440 HERMEL WHOLESALE 12/4/2003 444503 $95.48 36441 HOHENSTEINS INC 12/4/2003 318438 $312.95 36445 LAKESHORE WEEKLY N ADS 12/4/2003 103062 $228.00 36448 MARK VII 12/4/2003 599854A $13.60 36448 MARK VII 12/4/2003 853 $1.40 36449 MARLIN'S TRUCKING 12/4/2003 13908/41 $84.60 36449 MARLIN'S TRUCKING 12/4/2003 13908/41 $84.60 36450 MEDICA DEC HEALTH INS 12/4/2003 10333513 $252.75 36451 METLlFE DEC DENTAL INS 12/4/2003 $49.76 36453 MIDWEST COCA-COLA B 12/4/2003 63272184 $155.25 36468 PRUDENTIAL INS CO OF DEC LIFE PREM 12/4/2003 $3.90 36469 QUALITY WINE & SPIRIT 12/4/2003 335323-00 $849.37 36469 QUALITY WINE & SPIRIT 12/4/2003 335323-00 $1,422.00 36469 QUALITY WINE & SPIRIT 12/4/2003 335324-00 $927.28 36469 QUALITY WINE & SPIRIT 12/4/2003 338115-00 $55.39 . . i:!c::l:':tf,J,r~5l;;':r,"~';r.:':[:!:!i'1!~::i,~~'t!i..4.~'Y~:.'S,:t,'.t;,_~.t'.c.i'TI';-,','::':;:,~;;:.;:,?i!::"$l','tf:.l~~J:;J;fj'Ii:i2Z~ir;,"c;;;.Ji~~crfl..t':~i~i';g;D,';-:::;E~~_;i;l,,~,(~::- 'J.::,,:;,::!!z;._';'~,l".r,::~'~;:;:;:~-~Jd:~,;,~;;X?:-"1."11-C,~~";;.n;;;r~;i!~]:;,~":;)'L~llii.:;;''I11:sl;.~-:':SJ::;';.Y:~~,~i:,t.C!.'tt'.iz,:~i~:6t8_;~1!r:.g:~-r.::;\~$~;<<.~ Thursday, December 04, 2003 Page 3 of 7 . . Check # Vendor Name Description Check Date Invoice # Amount 36469 QUALITY WINE & SPIRIT 12/4/2003 338148-00 $58.49 36469 QUALITY WINE & SPIRIT 12/4/2003 338148-00 $938.32 36469 QUALITY WINE & SPIRIT 12/412003 338148-00 $1,622.38 36469 QUALITY WINE & SPIRIT 12/4/2003 338149-00 $807.15 36472 TRI COUNTY BEVERAGE 12/4/2003 145423 $235.50 36472 TRI COUNTY BEVERAGE 12/4/2003 145646 $84.00 36477 BELLBOY BAR SUPPLY 12/9/2003 37764200 $40.34 36477 BELLBOY BAR SUPPLY 12/9/2003 37814700 $263.00 36478 BELLBOY CORPORATIO 12/9/2003 27897500 $731.45 36478 BELLBOY CORPORATIO 12/9/2003 27973200 $929.65 36478 BELLBOY CORPORATIO 12/9/2003 27973200 $994.00 36478 BELLBOY CORPORATIO 12/9/2003 28012200 $580.95 36478 BELLBOY CORPORATIO 12/9/2003 28012200 $24.50 36478 BELLBOY CORPORA TIO 12/9/2003 28012200 $162.00 36481 DAY DISTRIBUTING 12/9/2003 242099 $1,107.20 36481 DAY DISTRIBUTING 12/9/2003 242137 $434.49 36481 DAY DISTRIBUTING 12/9/2003 242900 $601.40 36481 DAY DISTRIBUTING 12/9/2003 243722 $1,316.00 36483 EAST SIDE BEVERAGE 12/9/2003 220578 $474.20 36483 EAST SIDE BEVERAGE 12/9/2003 220668 $20.80 36483 EAST SIDE BEVERAGE 12/9/2003 220668 $693.65 36483 EAST SIDE BEVERAGE 12/912003 220745 $3,192.55 36485 GRAPE BEGINNINGS, IN 12/912003 59834 $307.00 36485 GRAPE BEGINNINGS, IN 12/9/2003 59944 $196.00 36487 GRIGGS, COOPER & CO 12/9/2003 626962 ($32.35) 36487 GRIGGS, COOPER & CO 12/9/2003 802394 $343.40 36487 GRIGGS, COOPER & CO 12/9/2003 802610 $682.65 36487 GRIGGS, COOPER & CO 12/9/2003 802611 $25.95 36487 GRIGGS, COOPER & CO 12/9/2003 802611 $2,039.95 36487 GRIGGS, COOPER & CO 12/9/2003 802614 $576.98 36487 GRIGGS, COOPER & CO 12/9/2003 806223 $346.20 36487 GRIGGS, COOPER & CO 12/9/2003 806670 $43.10 36487 GRIGGS, COOPER & CO 12/9/2003 806671 $590.76 36487 GRIGGS, COOPER & co 12/9/2003 806965 $926.24 36487 GRIGGS, COOPER & CO 12/9/2003 810098 $1,339.74 36487 GRIGGS, COOPER & CO 12/9/2003 810176 $0.85 36487 GRIGGS, COOPER & CO 12/9/2003 810493 $1,952.12 36489 JOHNSON BROS L1QUO 12/9/2003 1639375 $718.20 36489 JOHNSON BROS L1QUO 12/9/2003 1639375 $1,119.05 36489 JOHNSON BROS L1QUO 12/9/2003 1642707 $144.28 36489 JOHNSON BROS L1QUO 12/9/2003 1642708 $2,834.41 36489 JOHNSON BROS L1QUO 12/9/2003 1642708 $1,296.50 36489 JOHNSON BROS UQUO 12/9/2003 1645531 $1,607.91 36489 JOHNSON BROS L1QUO 12/9/2003 1645531 $336.53 36489 JOHNSON BROS UQUO 12/9/2003 1646067 $108.99 36489 JOHNSON BROS UQUO 12/9/2003 234537 ($19.08) 36489 JOHNSON BROS L1QUO 12/9/2003 234538 ($6.90) 36489 JOHNSON BROS L1QUO 12/9/2003 234539 ($6.20) 36489 JOHNSON BROS UQUO 12/9/2003 234541 ($22.62) 36493 MARK VII 12/9/2003 604589 $521.55 36493 MARK VII 12/9/2003 606958 $0.03 36493 MARK VII 12/9/2003 606959 $117.00 36493 MARK VII 12/9/2003 608720 $1,439.90 36494 MCLEOD USA 12/9/2003 2346052 $114.51 36496 MINNEGASCO 12/9/2003 $112.44 36498 OFFICE DEPOT 12/9/2003 22401399 $59.15 'Tl;:';::hz;,;r:;rD;~'''';;:b:;o4:'201/3''''''''''''''''''"'>''':t5fi%''''&",j''''''''''''''':I!Jt"",,,,,.<:;Z!,,Z!,,r;,,;"""'3',,,,,,,;::.">:::,,,r."",",j"t:l~''''',",,';;;''''''''''iIC""U''''''''," "'i1::.,=Z!,,,,_':::_,",,,a"'''''"''P~;;:''''4''''J~j7 Check # Vendor Name Description Check Date Invoice # Amount 36499 PAUSTIS WINE COM PAN 12/9/2003 8020384 $642.74 36499 PAUSTIS WINE COM PAN 12/9/2003 8021094 $1,092.00 36499 PAUSTIS WINE COMPAN 12/9/2003 8021729 $450.00 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2009558 $103.00 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2009559 $1,877.60 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2009559 $1,114.56 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2009690 $115.85 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2011927 $1,057.75 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2011927 $1,750.20 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2014013 $377 .07 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2014013 $1,035.20 36500 PHILLIPS WINE & SPIRIT 12/9/2003 3287230 ($7.25) 36500 PHILLIPS WINE & SPIRIT 12/9/2003 3287728 ($8.97) 36504 THORPE DISTRIBUTING 12/9/2003 316482 $3,598.87 36504 THORPE DISTRIBUTING 12/9/2003 316482 $13.15 36504 THORPE DISTRIBUTING 12/9/2003 317139 $150.00 36504 THORPE DISTRIBUTING 12/9/2003 317139 $3,052.40 36504 THORPE DISTRIBUTING 12/9/2003 317837 $55.75 36504 THORPE DISTRIBUTING 12/9/2003 317837 $4,062.15 36505 TRI COUNTY BEVERAGE 12/9/2003 146092 $124.00 36508 WINE COMPANY (THE) 12/9/2003 16533-00 $239.45 36508 WINE COMPANY (THE) 12/9/2003 16533-00 $588.00 36509 WINE MERCHANTS 12/9/2003 85300 $952.10 36509 WINE MERCHANTS 12/9/2003 85312 $115.50 36510 WORLD CLASS WINES, I 12/9/2003 142940 $356.00 36510 WORLD CLASS WINES, I 12/9/2003 143242 $877.75 36510 WORLD CLASS WINES, I 12/9/2003 143560 $82.90 36513 XCELENERGY 12/9/2003 0198-208- $0.79 36513 XCEL ENERGY 12/9/2003 1387-968- $182.91 TOTAL FOR 641 SHOREWOOD PLAZA UQUOR $64,086.31 36426 ARCTIC GLACIER INC 12/4/2003 46333210 $30.60 36434 EAST SIDE BEVERAGE 12/4/2003 220525 $10.40 36434 EAST SIDE BEVERAGE 12/4/2003 220525 $1,175.10 36437 FORTIS BENEFITS INS C DEC STD PREM 12/4/2003 $9.00 36440 HERMEL WHOLESALE 12/4/2003 444522 $253.66 36445 LAKESHORE WEEKLY N ADS 12/4/2003 103062 $228.00 36449 MARLIN'S TRUCKING 12/4/2003 13907/40 $45.00 36449 MARLIN'S TRUCKING 12/4/2003 13907/40 $45.00 36450 MEDICA DEC HEALTH INS 12/4/2003 10333513 $279.35 36451 METLlFE DEC DENTAL INS 12/4/2003 $49.76 36453 MIDWEST COCA-COLA B 12/4/2003 63272150 $91.90 36468 PRUDENTIAL INS CO OF DEC LIFE PREM 12/4/2003 $3.90 36469 QUALITY WINE & SPIRIT 12/4/2003 324262-00 ($198.84) 36469 QUALITY WINE & SPIRIT 12/4/2003 335321-00 $955.65 36469 QUALITY WINE & SPIRIT 12/4/2003 335321-00 $356.40 36469 QUALITY WINE & SPIRIT 12/4/2003 335322.00 $290.93 36469 QUALITY WINE & SPIRIT 12/4/2003 338146-00 $388.32 36469 QUALITY WINE & SPIRIT 12/4/2003 338146-00 $509.80 36469 QUALITY WINE & SPIRIT 12/4/2003 338147.00 $174.14 36474 WATERFORD CENTER DEC RENT 12/4/2003 1203F $5,007.13 36477 BELLBOY BAR SUPPLY 1219/2003 37764100 $32.48 36478 BELLBOY CORPORA TIO 1219/2003 27897300 $1,192.75 36478 BELLBOY CORPORA TIO 12/9/2003 27973100 $312.00 36478 BELLBOY CORPORATIO 12/9/2003 27973100 $369.75 36478 BELLBOY CORPORA TIO 12/9/2003 27986400 ($276.50) jTh~:;d;;:CD;~~'~;"l);;'(f4,"':loo3"'X"j":i"""'0.'''''''"~'''':J'''i''j';;i'j'i'"==:,;r'~''!'''''''''''''~''''i<'''''',,,.':;''7''''''':,,,,,,,,=,,,,,;,,;;c:::,t'Z,~"",,";:."',,,,,,,s;,,,,,,,,,,,;,", ,,,,,,,,,,"z,,,_",'_~=P~:r;"S";;J'7' - . . . . Check# Vendor Name Description Check Date Invoice # Amount 36478 BELLBOY CORPORA TIO 12/9/2003 28012000 $180.75 36481 DAY DISTRIBUTING 12/9/2003 242098 $19.20 36481 DAY DISTRIBUTING 12/9/2003 242098 $1,012.25 36481 DAY DISTRIBUTING 12/9/2003 242899 $477.15 36481 DAY DISTRIBUTING 12/9/2003 243721 $1,366.75 36483 EAST SIDE BEVERAGE 12/9/2003 220603 $31.20 36483 EAST SIDE BEVERAGE 12/9/2003 220603 $300.50 36483 EAST SIDE BEVERAGE 12/9/2003 220662 $1,258.95 36483 EAST SIDE BEVERAGE 12/9/2003 220662 $10.40 36483 EAST SIDE BEVERAGE 12/9/2003 220741 $10.40 36483 EAST SIDE BEVERAGE 12/9/2003 220741 $2,106.40 36487 GRIGGS, COOPER & CO 12/9/2003 626534 ($136.85) 36487 GRIGGS, COOPER & CO 12/9/2003 802395 $90.10 36487 GRIGGS, COOPER & CO 12/9/2003 802615 $737.78 36487 GRIGGS, COOPER & CO 12/9/2003 806224 $86.80 36487 GRIGGS, COOPER & CO 12/9/2003 806675 $478.25 36487 GRIGGS, COOPER & CO 12/9/2003 806966 $655.36 36487 GRIGGS, COOPER & CO 12/9/2003 810097 $612.45 36487 GRIGGS, COOPER & CO 12/9/2003 810495 $946.81 36489 JOHNSON BROS L1auo 12/9/2003 1639374 $295.85 36489 JOHNSON BROS uauo 12/9/2003 1639374 $1,389.49 36489 JOHNSON BROS L1auo 12/9/2003 1642706 $1,652.49 36489 JOHNSON BROS L1auo 12/9/2003 1642706 $510.00 36489 JOHNSON BROS L1auo 12/9/2003 1643475 $82.75 36489 JOHNSON BROS L1auo 12/9/2003 1645530 $19.20 36489 JOHNSON BROS L1auo 12/9/2003 1645530 $985.55 36489 JOHNSON BROS L1auo 12/9/2003 1646066 $108.99 36489 JOHNSON BROS L1auo 12/9/2003 234788 ($20.80) 36489 JOHNSON BROS L1auo 12/9/2003 234789 ($16.26) 36489 JOHNSON BROS L1auo 12/9/2003 234860 ($38.00) 36489 JOHNSON BROS L1auo 12/9/2003 236453 ($23.99) 36493 MARK VII 12/9/2003604587 $603.00 36493 MARK VII 12/9/2003 604588 $22.40 36493 MARK VII 12/9/2003 606957 $667.60 36493 MARK VII 12/9/2003 608730 $916.20 36493 MARK VII 12/9/2003 608731 $48.00 36494 MCLEOD USA 12/9/2003 2346052 $108.58 36496 MINNEGASCO 12/9/2003 $36.41 36499 PAUSTIS WINE COMPAN 12/9/2003 8021086 $21.00 36499 PAUSTIS WINE COMPAN 12/9/2003 8021086 $224.50 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2009557 $824.75 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2009557 $888.29 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2009689 $115.85 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2011926 $246.05 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2011926 $374.25 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2014012 $4,170.55 36500 PHILLIPS WINE & SPIRIT 12/9/2003 2014012 $58.20 36504 THORPE DISTRIBUTING 12/9/2003 316481 $13.15 36504 THORPE DISTRIBUTING 12/9/2003 316481 $3,446.74 36504 THORPE DISTRIBUTING 12/9/2003 317137 $1,108.55 36504 THORPE DISTRIBUTING 12/9/2003 317763 $15.60 36504 THORPE DISTRIBUTING 12/912003 317840 $3,208.75 36504 THORPE DISTRIBUTING 12/9/2003 317840 $39.45 36508 WINE COMPANY (THE) 12/9/2003 16542~ $256.05 36509 WINE MERCHANTS 12/9/2003 84770 $620.00 'Th';i;;td~;:D;~";:b,;r04:'2(/Or"~;",:,"""n~-''''''''''''Y.O''i''''',~,;:u;;;",o",=-",,,,",,,,,,,,,,,,,,,,".!,,,,,;'S,,"'?:"''!;''Z",.,,''''''r}"'F!"'<'''''''''-;;;;''''''~~"'''''''='''''''''"'hg;''" 6~f7 Check# Vendor Name Description Check Date Invoice # 36462 TOTAL FOR 642 WATERFORD UQUOR OSGOOD, NANCY ESCROW REF-4640 LAKE 12/4/2003 TOTAL FOR 880 ESCROW DEPOSIT AGENCY TOTAL CHECKS Amount $44,559.52 $150.00 $150.00 $228,573.83 'Th;;':sd~;;"D~~:7,;b~;'04:"'2003";;"'!5,,,,,"x;."'T;i"''''''';'''~'1!:'",'''-'''''"""'""~'"'""'Z"X;;:<""";C'''''''''''''';'''''''''''''''''''''''7tiJ''"",..."r,,''"t;Ci';;;"""""""',;"",:",,,,",,,,,, ,,,',',,.,,,,,,,,,",,u'''''''''''Si&i;;;;:"'7'';/'7 . . . . Check Approval List for 12/08/03 Council Meeting Check # Vendor Name Description Check Date Invoice # Amount 36423 AFFILIATED EMERGENC 12/4/2003 15683 $88.00 TOTAL FOR AFFILIATED EMERGENCY VET SVC $88.00 36424 AFSCME COUNCIL 14 DEC UNION DUES 12/4/2003 $193.90 TOTAL FOR AFSCME COUNCIL 14 $193.90 36425 ANCHOR TITLE SERVICE REF OVERPMT 5220 VINE 12/4/2003 $30.29 36425 ANCHOR TITLE SERVICE REF OVERPMT 5220 VINE 12/4/2003 $30.30 TOTAL FOR ANCHOR TITLE SERVICES $60.59 36426 ARCTIC GLACIER INC 12/4/2003 46333070 $62.04 36426 ARCTIC GLACIER INC 12/4/2003 46333210 $30.60 36426 ARCTIC GLACIER INC 12/4/2003 46333210 $48.96 36426 ARCTIC GLACIER INC 12/4/2003 46333290 $23.80 TOTAL FOR ARCTIC GLACIER INC $165.40 36427 AT&T WIRELESS SERVI 12/4/2003 2893733-1 $86.21 36427 AT&T WIRELESS SERVI 12/4/2003 4160966-1 $33.42 36427 AT&T WIRELESS SERVI 12/412003 4160966-1 $63.27 36427 AT&T WIRELESS SERVl 12/4/2003 4160966-1 $90.82 TOTAL FOR AT&T WIRELESS SERVICES $273.72 36428 BAILEY, BOYD NOVEMBER MILEAGE 12/4/2003 $62.64 TOTAL FOR BAILEY, BOYD $62.64 36429 BERRY COFFEE CO 12/4/2003 382484 $30.50 TOTAL FOR BERRY COFFEE CO $30.50 36430 BRYAN ROCK PRODUCT ROCK 12/4/2003 113003 $139.88 TOTAL FOR BRYAN ROCK PRODUCTS, INC. $139.88 36431 C.H CARPENTER LUMBE LUMBER 12/4/2003 474626 $18.66 TOTAL FOR C.H CARPENTER LUMBER $18.66 36432 CHAMPION AUTO STOR FUEL HOSE 12/4/2003 230927 $1.25 TOTAL FOR CHAMPION AUTO STORE #344 $1.25 36433 COVERALL OF THE TWI DEC CLEANING SVC 12/4/2003 81091 $335.48 36433 COVERALL OF THE TWI DEC CLEANING SVC 12/412003 81092 $195.96 TOTAL FOR COVERALL OF THE TWIN CITIES IN $531.44 36434 EAST SIDE BEVERAGE 12/4/2003 220525 $10.40 36434 EAST SIDE BEVERAGE 12/4/2003 220525 $1,175.10 TOTAL FOR EAST SIDE BEVERAGE COMPAN $1,185.50 36435 EXCELSIOR ACE HARD MISC SHOP SUPPLIES 12/412003 591526 $10.72 36435 EXCELSIOR ACE HARD MISC SHOP SUPPLIES 12/4/2003 592113 $2.64 36435 EXCELSIOR ACE HARD SEWER SUPPLIES 12/4/2003 592457 $3.17 36435 EXCELSIOR ACE HARD SEWER SUPPLIES 12/4/2003 593368 $16.01 36435 EXCELSIOR ACE HARD MISC SHOP SUPPLIES 12/4/2003 593490 $3.17 TOTAL FOR EXCELSIOR ACE HARDWARE $35.71 36436 EXTREME BEVERAGE 12/4/2003 164151 $32.00 TOTAL FOR EXTREME BEVERAGE $32.00 36437 FORTIS BENEFITS INS C DEC STD PREM 12/4/2003 $112.35 36437 FORTIS BENEFITS INS C DEC STD PREM 12/4/2003 $9.00 36437 FORTIS BENEFITS INS C DEC STD PREM 12/4/2003 $9,00 TOTAL FOR FORTIS BENEFITS INS CO $130.35 36438 GATHERINGS AT EXCEL FLOWERS-ELKElGARFUN 12/4/2003 299 $102.19 TOTAL FOR GATHERINGS AT EXCELSIOR FLORIS $102.19 ,:"".,,,:,,,,":,,,,,"C,,,",,,,,,,:,,,""""""M:'''''''!'='~'":,""="'_'_OM,,,"""""""--"~"""""'-""1i'f:!::fI"-'"",~"""""""_:,,,,,,,,,_,,:,,,,-""'=':'"-'''''''&-'''",'_~"""'_"''''''''~'''''';Jif",:=-"",,, ,,,,,",,'''.'r,,,,^,,,~' Ti;'ii;:;day, i);c;illb;;04,2'003 -.."",'" ~" ==-.--,,-."'''... "'---' ""~~,,.,~,-",..--- "- '" - - ~." .....__. - -' ' - iii;e 1 of 8 - Check # Vendor Name Description Check Date Invoice # Amount 36439 GOPHER STATE ONE-CA OCT SVCS 12/4/2003 3100712 $41.08 36439 GOPHER STATE ONE-CA OCT SVCS 12/412003 3100712 $41.07 TOTAL FOR GOPHER STATE ONE-CALL, IN $82.15 36440 HERMEL WHOLESALE 12/4/2003 444503 $95.48 36440 HERMEL WHOLESALE 12/4/2003 444503 $196.45 36440 HERMEL WHOLESALE 12/4/2003 444522 $253.66 TOTAL FOR HERMEL WHOLESALE $545.59 36441 HOHENSTEINS INC 12/4/2003 318438 $312.95 TOTAL FOR HOHENSTEINS INC $312.95 36442 HOPKINS PARTS COMP OIL FILTERS 12/412003 3969 $55.82 36442 HOPKINS PARTS COMP ANTIFREEZE 12/4/2003 3970 $10.87 TOTAL FOR HOPKINS PARTS COMPANY $66.69 36443 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 1 12/4/2003 302131-12 $1,088.76 TOTAL FOR ICMA RETIREMENT TRUST-457 $1,088.76 36444 KEEFE,SALLY NOV STATEMENT 12/4/2003 $475.00 36444 KEEFE, SALLY NOV STATEMENT 12/4/2003 $300.00 TOTAL FOR KEEFE, SALLY $775.00 36445 LAKESHORE WEEKLY N ADS 12/4/2003 103062 $228.00 36445 LAKESHORE WEEKLY N ADS 12/4/2003 103062 $228.00 TOTAL FOR I.AKESHORE WEEKLY NEWS $456.00 36446 LOCAL LINK USA BUSIN DEC WEB SVC 12/4/2003 95220466 $109.95 TOTAL FOR LOCAL LINK USA BUSINESS SERVIC $109.95 36447 MAMA MAMA LUNCHEON 11/20/ 12/412003 751 $18.00 TOTAL FOR MAMA $18.00 36448 MARK VII 12/4/2003 599854A $13.60 36448 MARK VII 12/4/2003 853 $1.40 TOTAL FOR MARKVII $15.00 36449 MARLIN'S TRUCKING 12/412003 13907/40 $45.00 36449 MARLIN'S TRUCKING 12/412003 13907/40 $45.00 36449 MARLIN'S TRUCKING 12/4/2003 13908/41 $84.60 36449 MARLIN'S TRUCKING 12/412003 13908141 $84.60 TOTAL FOR MARLIN'S TRUCKING $259.20 36450 MEDICA DEC HEALTH INS 12/4/2003 10333513 $252.75 36450 MEDICA DEC HEALTH INS 12/4/2003 10333513 $279.35 36450 MEDICA DEC HEALTH INS 12/412003 10333513 $4,604.51 TOTAL FOR MEDICA $5,136.61 36451 METLlFE DEC DENTAL INS 12/4/2003 $49.76 36451 METLlFE DEC DENTAL INS 12/4/2003 $49.76 36451 METLlFE DEC DENTAL INS 12/412003 $658.71 TOTAL FOR METLIFE $758.23 36452 METRO COUNCIL ENVIR OCT SAC CHGS 12/4/2003 $5,049.00 TOTAL FOR METRO COUNCIL ENVIRONMENT $5,049.00 36453 MIDWEST COCA-COLA B 12/4/2003 63272150 $91.90 36453 MIDWEST COCA-COLA B 12/412003 63272184 $155.25 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $247.15 36454 MINNESOTA PLAYGROU HOCKEY NET MATERIAL 12/4/2003 2003376 $190.64 TOTALFOR MINNESOTA PLAYGROUND,INC. $190.64 36455 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 12/4/2003 $193.35 TOTAL FOR MN CHIW SUPPORT PMT CTR $193.35 36456 MINN NCPERS GROUP L DEC ELECT LIFE PREM 12/4/2003 $12.00 T~'~~d:Y;D~~":;;;b~;"'04,:C2o'iI3,,,-=~0!.,,,,=-,,(;o;"iJ,";-""",;;G"">>':i'''''~'''';''''''''-"".';o;,":,,,,,r:..,,,,,;,,,,,,,",.,,,,"'''''',,,,,,,,,01,:'t''''''"""O''''''':;'=='''''''''''''''t"",,; }''''''L_t;.''''ii:i;~"27;;'8 - . . . . Check # Vendor Name Description 36457 36457 36457 36458 36459 36460 36461 36461 36462 36463 36464 36465 36466 36466 36467 36468 36468 36468 36468 36469 36469 36469 36469 36469 36469 36469 36469 36469 36469 36469 36469 36469 36469 36469 36470 36471 Check Date Invoice # TOTAL FOR MINN NCPERS GROUP LIFE INS MN SUN PUBLICATIONS BOSWORTH CUP 12/4/2003 644420 MN SUN PUBLICATIONS ANNUAL DISCLOSURE TA 12/4/2003 648168 MN SUN PUBLICATIONS PRELIM PLAT-CAPESTON 12/4/2003 651133 TOTAL FOR MN SUN PUBLICATIONS MTKA HIGH SCHOOL BA APPREC EVENT MUSIC 12/4/2003 TOTAL FOR MTKA HIGH SCHOOL BAND DEPT NGUYEN, MICHELLE NOV MILEAGE 12/4/2003 TOTAL FOR NGUYEN, MICHELLE NORTHERN TOOL & EQ WATER DEPT SUPPLIES 12/4/2003 9008013 TOTAL FOR NORTHERN TOOL & EQUIP CO 12/4/2003 21832208 12/4/2003 21860647 OFFICE DEPOT OFFICE DEPOT TOTAL FOR OFFICE DEPOT OSGOOD, NANCY ESCROW REF-4640 LAKE 12/4/2003 TOTAL FOR OSGOOD, NANCY PANCHYSHYN, JEAN CAKE FOR APPREC EVE 12/4/2003 TOTAL FOR PANCHYSHYN, JEAN PAWS, CLAWS & HOOV DEC SVC 12/4/2003 TOTAL FOR PAWS, CLAWS & HOOVES PET PAZANDAK, JOSEPH MILEAGE 11/17-11/28/03 12/4/2003 TOTAL FOR PAZANDAK, JOSEPH PERA PAYROLL DEDUCTIONS 1 12/4/2003 762400-12 PERA PAYROLL DEDUCTIONS 1 12/4/2003 762400-12 TOTAL FOR PERA POMMER COMPANY, IN PALESCH PLAQUE 12/4/2003 50972 TOTAL FOR POMMER COMPANY, INC. PRUDENTIAL INS CO OF DEC LIFE PREM 12/4/2003 PRUDENTIAL INS CO OF DEC LIFE PREM 12/4/2003 PRUDENTIAL INS CO OF DEC LIFE PREM 12/4/2003 PRUDENTIAL INS CO OF DEC LIFE PREM 12/4/2003 TOTAL FOR PRUDENTIAL INS CO OF AMERICA QUALITY WINE & SPIRIT 12/4/2003 324262-00 QUALITY WINE & SPIRIT 12/4/2003 335321-00 QUALITY WINE & SPIRIT 12/4/2003 335321-00 QUALITY WINE & SPIRIT 12/4/2003 335322-00 QUALITY WINE & SPIRIT 12/4/2003 335323-00 QUALITY WINE & SPIRIT 12/4/2003 335323-00 QUALITY WINE & SPIRIT 12/4/2003 335324-'00 QUALITY WINE & SPIRIT 12/4/2003 338115-00 QUALITY WINE & SPIRIT 12/4/2003 338146-'00 QUALITY WINE & SPIRIT 12/4/2003 338146-00 QUALITY WINE & SPIRIT 12/4/2003 338147-00 QUALITY WINE & SPIRIT 12/4/2003 338148-00 QUALITY WINE & SPIRIT 12/4/2003 338148-00 QUALITY WINE & SPIRIT 12/4/2003 338148-00 QUALITY WINE & SPIRIT 12/4/2003 338149-'00 TOTAL FOR QUALITY WINE & SPIRITS CO QWEST 12/4/2003 TOTAL FOR QWEST APPL FEE REFUND-4355 SHOOP, JIM 12/4/2003 Amount $12.00 $42.90 $57.20 $50.05 $150.15 $200.00 $200.00 $17.64 $17.64 $42.58 $42.58 $67.19 $24.68 $91.87 $150.00 $150.00 $114.75 $114.75 $159.75 $159.75 $95.04 $95.04 $2,372.67 $2,572.70 $4,945.37 $65.04 $65.04 $81.65 $37.05 $3.90 $3.90 $126.50 ($198.84) $356.40 $955.65 $290.93 $849.37 $1,422.00 $927.28 $55.39 $509.80 $388.32 $174.14 $58.49 $938.32 $1,622.38 $807.15 $9,156.78 $58.71 $58.71 $300.00 ;':P;;:;:;d~;:"D;~~7,':b~;!!t/4,"20030';"";"-";":",i"""'''";,'."'"';:;,"'"",';1ff"","",;;,,,,;,,,,,.,-,,,ti,^,,,,,",;i"'.;:;/ii;;C::;;"",',ri"""".,;1~"::"'O"",;",":",,,,,,,,"",,:o."':3:":,,,,,~,,,",S f:e~d'ili'""'''''''''iiip~;:- 3"'';;/8 Check # Vendor Name 36472 36472 36473 36474 36475 36475 36476 36477 36477 36477 36478 36478 36478 36478 36478 36478 36478 36478 36478 36478 36478 36479 36479 36480 36481 36481 36481 36481 36481 36481 36481 36481 36482 36483 36483 36483 36483 36483 36483 36483 TOTAL FOR SHOOP, JIM TRI COUNTY BEVERAGE 12/4/2003 145423 TRI COUNTY BEVERAGE 12/4/2003 145646 TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY WASTE TECHNOLOGY, I OVERPMT OF 2004 L1CEN 12/4/2003 TOTAL FOR WASTE TECHNOLOGY, INC. WATERFORD CENTER DEC RENT TOTAL FOR WATERFORD CENTER ZEE MEDICAL SERVICE MEDICAL SUPPLIES ZEE MEDICAL SERVICE MEDICAL SUPPLIES TOTAL FOR ZEE MEDICAL SERVICE ASSOC. OF METRO MUN LMC/AMM MTG 11/20/03 TOTAL FOR ASSOC. OF METRO MUNIC BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BEUBOY BAR SUPPLY TOTAL FOR BELLBOY BAR SUPPLY BELLBOY CORPORA TIO BELLBOY CORPORATIO BELLBOY CORPORA TIO BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORA TIO BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORATIO TOTAL FOR BELLBOY CORPORATION BERRY COFFEE CO BERRY COFFEE CO TOTAL FOR BERRY COFFEE CO SPACE NEEDS STUDY-N TOTALFOR BKVGROUP DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING TOTAL FOR DAY DISTRIBUTING DOCUMENT RESOURCE AP CHECK STOCK TOTAL FOR DOCUMENT RESOURCES EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE Description BKV GROUP Check Date Invoice # 12/4/2003 1203F 12/4/2003 54203300 12/4/2003 54203300 12/9/2003 560 1219/2003 37764100 1219/2003 37764200 12/9/2003 37814700 12/9/2003 27897300 12/9/2003 27897500 12/9/2003 27973100 12/9/2003 27973100 1219/2003 27973200 12/9/2003 27973200 12/9/2003 27986400 12/9/2003 28012000 12/9/2003 28012200 1219/2003 28012200 12/9/2003 28012200 12/9/2003 385246 12/9/2003 385247 12/9/2003 21066 12/9/2003 242098 12/9/2003 242098 1219/2003 242099 12/9/2003 242137 12/9/2003 242899 12/9/2003 242900 12/9/2003 243721 12/9/2003 243722 12/9/2003 146231 12/9/2003 220578 12/9/2003 220603 12/9/2003 220603 12/9/2003 220662 12/9/2003 220662 12/9/2003 220668 1219/2003 220668 Amount $300.00 $235.50 $84.00 $319.50 $100.00 $100.00 $5,007.13 $5,007.13 $45.00 $105.02 $150.02 $30.00 $30.00 $32.48 $40.34 $263.00 $335.82 $1,192.75 $731.45 $312.00 $369.75 $929.65 $994.00 ($276.50) $180.75 $162.00 $580.95 $24.50 $5,201.30 $22.00 $39.00 $61.00 $6,440.76 $6,440.76 $19.20 $1,012.25 $1,107.20 $434.49 $477.15 $601.40 $1,366.75 $1,316.00 $6,334.44 $438.88 $438.88 $474.20 $31.20 $300.50 $10.40 $1,258.95 $20.80 $693.65 Th;~~d;;;:D~~:;;b:::;o~'iolj3^"c;"'n~r.t&"""~r~"",",,"~''''''';c,~:;'.:.'''i'''i.!''i.:'~:.';2~'''''''"k''"''''''''::;:;''''''',ti..".""".:~"""-"""'''''1$!'':,",,;Y''':iJ''''";:J"'''i::L!''U:~''''''' 'iR'''''C''''''''-t;P:g~''4~J8 . . . . Check # Vendor Name Description Check Date Invoice # Amount 36483 EAST SIDE BEVERAGE 12/9/2003 220741 $10.40 36483 EAST SIDE BEVERAGE 12/9/2003 220741 $2,106.40 36483 EAST SIDE BEVERAGE 12/9/2003 220745 $3,192.55 TOTAL FOR EAST SIDE BEVERAGE COMPAN $8,099.05 36484 F.F. JEDLlCKIINC WATER MAIN LEAK-25605 12/9/2003 $2,659.00 TOTAL FOR F.F. JEDUCKIINC $2,659.00 36485 GRAPE BEGINNINGS, IN 12/9/2003 59834 $307.00 36485 GRAPE BEGINNINGS, IN 12/9/2003 59944 $196.00 TOTAL FOR GRAPE BEGINNINGS, INC $503.00 36487 GRIGGS, COOPER & CO 12/9/2003 626534 ($136.85) 36487 GRIGGS, COOPER & CO 12/9/2003 626962 ($32.35) 36487 GRIGGS, COOPER & CO 12/9/2003 802394 $343.40 36487 GRIGGS, COOPER & CO 12/9/2003 802395 $90.10 36487 GRIGGS, COOPER & CO 12/9/2003 802610 $682.65 36487 GRIGGS, COOPER & CO 12/9/2003 802611 $25.95 36487 GRIGGS, COOPER & CO 12/9/2003 802611 $2,039.95 36487 GRIGGS, COOPER & CO 12/9/2003 802614 $576.98 36487 GRIGGS, COOPER & CO 12/9/2003 802615 $737.78 36487 GRIGGS, COOPER & CO 12/9/2003 806223 $346.20 36487 GRIGGS, COOPER & CO 12/9/2003 806224 $86.80 36487 GRIGGS, COOPER & CO 12/9/2003 806670 $43.10 36487 GRIGGS, COOPER & CO 12/9/2003 806671 $590.76 36487 GRIGGS, COOPER & CO 12/9/2003 806675 $478.25 36487 GRIGGS, COOPER & CO 12/9/2003 806965 $926.24 36487 GRIGGS, COOPER & CO 12/9/2003 806966 $655.36 36487 GRIGGS, COOPER & CO 12/9/2003 810097 $612.45 36487 GRIGGS, COOPER & CO 12/9/2003 810098 $1,339.74 36487 GRIGGS, COOPER & CO 12/9/2003 810176 $0.85 36487 GRIGGS, COOPER & CO 12/9/2003 810493 $1,952.12 36487 GRIGGS, COOPER & CO 12/9/2003 810495 $946.81 TOTAL FOR GRIGGS, COOPER & COMPANY $12,306.29 36489 JOHNSON BROS uauo 12/9/2003 1639374 $1,389.49 36489 JOHNSON BROS uauo 12/9/2003 1639374 $295.85 36489 JOHNSON BROS L1auo 12/9/2003 1639375 $718.20 36489 JOHNSON BROS L1auo 12/9/2003 1639375 $1,119.05 36489 JOHNSON BROS L1auo 12/9/2003 1642706 $510.00 36489 JOHNSON BROS uauo 12/9/2003 1642706 $1,652.49 36489 JOHNSON BROS L1auo 12/9/2003 1642707 $144.28 36489 JOHNSON BROS L1auo 12/9/2003 1642708 $1,296.50 36489 JOHNSON BROS L1auo 12/9/2003 1642708 $2,834.41 36489 JOHNSON BROS L1auo 12/9/2003 1643475 $82.15 36489 JOHNSON BROS L1auo 12/9/2003 1645530 $985.55 36489 JOHNSON BROS uauo 12/9/2003 1645530 $19.20 36489 JOHNSON BROS L1auo 12/9/2003 1645531 $1,607.91 36489 JOHNSON BROS uauo 12/9/2003 1645531 $336.53 36489 JOHNSON BROS L1auo 12/9/2003 1646066 $108.99 36489 JOHNSON BROS L1auo 12/9/2003 1646067 $108.99 36489 JOHNSON BROS uauo 12/9/2003 234537 ($19.08) 36489 JOHNSON BROS L1auo 12/9/2003 234538 ($6.90) 36489 JOHNSON BROS L1auo 12/9/2003 234539 ($6.20) 36489 JOHNSON BROS L1auo 12/9/2003 234541 ($22.62) 36489 JOHNSON BROS L1auo 12/9/2003 234788 ($20.80) 36489 JOHNSON BROS L1auo 12/9/2003 234789 ($16.26) 36489 JOHNSON BROS L1auo 12/9/2003 234860 ($38.00) "Ti;;;;;d;;;""D:~;:;b~';:04::'200'JU:':":"'''''",-E'''''''''C"::'''':i:i''''.:'L~:''','':C'"'':::::O'':''k''.'''''.,:,;;''CT;C",,':':':'''''~".!"'di:c':""':"."""""''''''''''''''::JL'"''~''':'''",:''' '''"''''':I:,,;zr^''''P:;~~5"~18' Check # Vendor Name Description Check Date Invoice # Amount 36489 JOHNSON BROS L1auo 12/9/2003 236453 ($23.99) TOTAL FOR JOHNSON BROS UQUOR CO. $13,056.34 36490 LANO EaUIPMENT, INC. BOBCAT FORKS ATTACH 12/9/2003 84502 $692.25 TOTAL FOR LANO EQUIPMENT, INC. $692.25 36491 LARKIN, HOFFMAN, OAL GENERAL MATTERS 12/9/2003 445802 $1,750.00 36491 LARKIN, HOFFMAN, OAL G. HENDRICKS V. CITY 12/9/2003 445803 $662.50 36491 LARKIN, HOFFMAN, OAL R. JOHNSON ET AL V. CIT 12/9/2003 445804 $212.50 36491 LARKIN, HOFFMAN, OAL CUB FOODS 12/9/2003 445806 $480.00 36491 LARKIN, HOFFMAN, OAL RECODIFICATION OF CIT 12/9/2003 445807 $2,287.50 36491 LARKIN, HOFFMAN, OAL Aca OF PUBLIC ROW/G. 12/9/2003 445808 $615.00 TOTAL FOR LARKIN, HOFFMAN, DALY... $6,007.50 36492 LEAGUE OF MN CITIES I G.L.INS RENEWAL 12/9/2003 14605 $44,232.00 36492 LEAGUE OF MN CITIES I UMBRELLAINSCOVERA 12/9/2003 14606 $5,910.00 TOTAL FOR LEAGUE OF MN CITIES INS T $50,142.00 36493 MARK VII 12/9/2003 604587 $603.00 36493 MARK VII 12/9/2003 604588 $22.40 36493 MARK VII 12/9/2003 604589 $521.55 36493 MARK VII 12/9/2003 606957 $667.60 36493 MARK VII 12/9/2003 606958 $0.03 36493 MARK VII 12/9/2003 606959 $117.00 36493 MARK VII 12/9/2003 608720 $1,439.90 36493 MARK VII 12/9/2003 608730 $916.20 36493 MARK VII 12/9/2003 608731 $48.00 TOTAL FOR MARK VII $4,335.68 36494 MCLEOD USA 12/9/2003 2346052 $45.72 36494 MCLEOD USA 12/9/2003 2346052 $486.83 36494 MCLEOD USA 12/9/2003 2348052 $157.95 36494 MCLEOD USA 12/9/2003 2346052 $137.16 36494 MCLEOD USA 12/9/2003 2346052 $114.51 36494 MCLEOD USA 12/9/2003 2346052 $91.44 36494 MCLEOD USA 12/9/2003 2346052 $108.58 TOTAL FOR MCLEOD USA $1,142.19 36495 MIDWEST MAILING SYS NOV NEWSLETTER 12/9/2003 56847 $337.07 TOTAL FOR MIDWEST MAIUNG SYSTEMS INC $337.07 36496 MINNEGASCO 12/9/2003 $112.44 36496 MINNEGASCO 12/9/2003 $173.23 36496 MINNEGASCO 12/9/2003 $59.20 36496 MINNEGASCO 12/9/2003 $153.86 36496 MINNEGASCO 12/9/2003 $306.13 36496 MINNEGASCO 12/9/2003 $61.76 36496 MINNEGASCO 12/9/2003 $36.41 36496 MINNEGASCO 12/9/2003 $107.65 36496 MINNEGASCO 12/9/2003 $111.38 TOTAL FOR MINNEGASCO $1,122.06 36497 NEXTEL COMMUNICATI 12/9/2003 58828331 $52.37 36497 NEXTEL COMMUNICATI 12/9/2003 58828331 $52.37 TOTAL FOR NEXTEL COMMUNICATIONS $104.74 36498 OFFICE DEPOT 12/9/2003 22401399 $59.15 36498 OFFICE DEPOT 12/9/2003 22413369 $103.18 36498 OFFICE DEPOT 12/9/2003 22443233 $39.03 TOTAL FOR OFFICE DEPOT $201.36 36499 PAUSTIS WINE COMPAN 12/9/2003 8020384 $642.74 . . .Tli~;:;d~y,"'D::;:'b;;.,o~:.T2:003",.",:,."".l:2:""':=':;:::::>""~"",;;,,,:'t\i,,,.';',,,::,,,,""",;';"''''.:''';','''':;:,;'';'.G:~.&'O;:'':ijj"""'T:"""":",.,.".",.,""",~"",,.:'"""':>""J:.'''''''"' .'p'';:;(l~J8 . . Check# Vendor Name Description 36499 36499 36499 36499 36500 36500 36500 36500 36500 36500 36500 36500 36500 36500 36500 36500 36500 36500 36500 36500 36500 36501 36501 36501 36502 36503 36504 36504 36504 36504 36504 36504 36504 36504 36504 36504 36504 36504 36505 36506 36507 36508 36508 36508 TOTAL FOR QWEST RUMPCA CO INC SEPT/OCT BRUSH DISPO TOTAL FOR RUMPCA CO INC SPEEDWAY SUPERAME TOTAL FOR SPEEDWAY SUPERAMERlCA THORPE DISTRIBUTING 12/9/2003 316481 THORPE DISTRIBUTING 12/9/2003 316481 THORPE DISTRIBUTING 12/9/2003 316482 THORPE DISTRIBUTING 12/9/2003 316482 THORPE DISTRIBUTING 1219/2003 317137 THORPE DISTRIBUTING 12/9/2003 317139 THORPE DISTRIBUTING 12/9/2003 317139 THORPE DISTRIBUTING 1219/2003 31n63 THORPE DISTRIBUTING 12/9/2003 317837 THORPE DISTRIBUTING 12/9/2003 317837 THORPE DISTRIBUTING 12/9/2003 317840 THORPE DISTRIBUTING 12/9/2003 317840 TOTAL FOR THORPE DISTRIBUTING COMPA TRI COUNTY BEVERAGE 12/9/2003 146092 TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY LAMINATOR 1219/2003 03084730 TOTAL FOR USIINC VERIZON WIRELESS TOTAL FOR VERIZON WIRELESS WINE COMPANY (THE) WINE COMPANY (THE) WINE COMPANY (THE) PAUSTIS WINE COM PAN PAUSTIS WINE COM PAN PAUSTIS WINE COM PAN PAUSTIS WINE COMPAN TOTAL FOR PAUSTIS WINE COMPANY PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT TOTAL FOR PHILLIPS WINE & SPIRITS OW EST OW EST OW EST USIINC Check Date Invoice # 1219/2003 8021086 12/9/2003 8021086 12/9/2003 8021094 12/9/2003 8021729 12/9/2003 2009557 12/9/2003 2009557 12/9/2003 2009558 12/9/2003 2009559 1219/2003 2009559 12/9/2003 2009689 12/9/2003 2009690 12/9/2003 2011926 12/9/2003 2011926 12/9/2003 2011927 12/9/2003 2011927 12/9/2003 2014012 12/9/2003 2014012 12/9/2003 2014013 12/912003 2014013 12/9/2003 3287230 12/9/2003 328n28 12/9/2003 12/9/2003 12/9/2003 12/9/2003 1840 12/9/2003 12/9/2003 35164038 12/9/2003 16533-00 12/9/2003 16533-00 12/9/2003 16542-00 Amount $21.00 $224.50 $1,092.00 $450.00 $2,430.24 $824.75 $888.29 $103.00 $1,8n.60 $1,114.56 $115.85 $115.85 $246.05 $374.25 $1,057.75 $1,750.20 $4,170.55 $58.20 $3n.07 $1,035.20 ($7.25) ($8.97) $14,092.95 $51.61 $51.61 $89.86 $193.08 $324.00 $324.00 $1,080.93 $1,080.93 $13.15 $3,446.74 $13.15 $3,598.87 $1,108.55 $150.00 $3,052.40 $15.60 $55.75 $4,062.15 $39.45 $3,208.75 $18,764.56 $124.00 $124.00 $235.63 $235.63 $66.63 $66.63 $239.45 $588.00 $256.05 \':i=:[L'f,;.'.Z.IDK:if'U;,~"';j,-;.~~'!::;:.-r;,-;;;~L'~-':,C:;>I'.YJ~~'-"~'~.k~:<'.~~~;1~~~~~S:~;);:';:2J3:',?~~~;...'t.:.I:5.:;i:;;;.f;.:;'llt~?.:,;~c.'t';~~).\H7;.r;!':;:;~..:i:;_;!:\'1...,;~,~.: ';j,,~;\.:~i'i,:_':"iQ:.-::X,;~~;~~";.~':'i:1_i.':.~;:rr..z_w.:;;.ii.:;;;;i.:;'-:YM~);t1.\:;;'.~,ill;;.~_'S!'.'-;::~'1i:;~~~C"-i;.-:.~t.ftk~Z~~!i;~~!f",~Y:"~~l~::'~I.j.z:,:m~.;) Thursday, December 04, 2003 Page 7 of 8 Check # Vendor Name Description Check Date Invoice # Amount TOTAL FOR WINE COMPANY (THE) $1,083.50 36509 WINE MERCHANTS 12/9/2003 84770 $620.00 36509 WINE MERCHANTS 12/9/2003 85300 $952.10 36509 WINE MERCHANTS 12/9/2003 85312 $115.50 TOTAL FOR WINE MERCHANTS $1,687.60 36510 WORLD CLASS WINES, I 12/9/2003 142940 $356.00 36510 WORLD CLASS WINES, I 12/9/2003 143242 $877 .75 36510 WORLD CLASS WINES, I 12/9/2003 143560 $82.90 TOTAL FOR WORLD CLASS WINES, INC $1,316.65 36511 WSB AND ASSOCIATES FREEMAN PK DRIVEWAY 12/9/2003 01074-483 $3,257.60 36511 WSB AND ASSOCIATES SMITHTOWN RD OVERLA 12/9/2003 01074-583 $16,026.14 36511 WSB AND ASSOCIATES BIRCH BLUFF LIFT STATI 12/9/2003 01074-702 $3,018.00 36511 WSB AND ASSOCIATES CUB FOODS W ATERMAIN 12/9/2003 01074-762 $652.50 36511 WSB AND ASSOCIATES LINDEN HILLS CONSTR 0 12/9/2003 01074-790 $887.00 36511 WSB AND ASSOCIATES CUB FOODS 12/9/2003 01074-800 $864.00 36511 WSB AND ASSOCIATES GENERAL SVCS 12/9/2003 01074-990 $144.00 36511 WSB AND ASSOCIATES LK LINDEN DR PED TRAIL 12/9/2003 01459-013 $523.00 36511 WSB AND ASSOCIATES TH 7 LED 12/9/2003 01529-000 $418.50 TOTAL FOR WSB AND ASSOCIATES $25,790.74 . 36513 XCEL ENERGY 12/9/2003 0074-000- $8.00 36513 XCEL ENERGY 12/9/2003 0114-707- $14.76 36513 XCEL ENERGY 12/9/2003 0191-308- $19.95 36513 XCEL ENERGY 12/9/2003 0198-208- $0.79 36513 XCELENERGY 12/9/2003 0208-203- $7.38 36513 XCEL ENERGY 12/9/2003 0234-748- $8.08 36513 XCEL ENERGY 12/9/2003 0326-600- $33.59 36513 XCEL ENERGY 12/9/2003 0356-200- $21.12 36513 XCEL ENERGY 12/9/2003 0640-202- $14.88 36513 XCEL ENERGY 12/9/2003 0675-505- $17.28 36513 XCEL ENERGY 12/9/2003 0727-302- $236.49 36513 XCEL ENERGY 12/9/2003 0942-567- $30.58 36513 XCEL ENERGY 12/9/2003 1300-208- $99.05 36513 XCEL ENERGY 12/9/2003 1350-001- $25.42 36513 XCEL ENERGY 12/9/2003 1387-968- $182.91 36513 XCEL ENERGY 12/9/2003 1477-205- $229.23 . 36513 XCEL ENERGY 12/9/2003 1541.203- $7.38 36513 XCEL ENERGY 12/9/2003 1641-408- $49.52 36513 XCEL ENERGY 12/9/2003 1692-607- $525.16 36513 XCEL ENERGY 12/9/2003 1765-206- $28.49 36513 XCEL ENERGY 12/9/2003 1776-835- $11.82 36513 XCEL ENERGY 12/9/2003 1966-609- $136.64 36513 XCELENERGY 12/912003 2052-902- $13.55 36513 XCEL ENERGY 12/9/2003 2164-107- $28.73 36513 XCEL ENERGY 12/9/2003 2270-109- $401.23 36513 XCELENERGY 12/9/2003 2325-902- $23.45 36513 XCEL ENERGY 12/9/2003 2397-003- $13.33 36513 XCEL ENERGY 12/9/2003 2486-903- $24.95 TOTAL FOR XCEL ENERGY $2,213.76 TOTAL CHECKS $228,573.83 'Th:;;;r;y~D~~~~:b;~04~2003"'''''ii''''''''''>li,,,,.r::;:,,,,'''''='''''''''-m:i2,"::,-,'''''i;'''''''"'''''''li:!k....''''"'<'''',-<<;j-,,:=s,,=''''''','~'"''',-'''Q"""'''''''J1''''''-c;:'"'''''''~ ='''''''''<!''''"Z;p:;;~'-8:;ll PAYROLL APPROVALS For 12/08/03 Council Meeting . Prepared by: {/~ ! /JJa Date: / d-<f--()3 Catherine EIke, Sr. Accountant Reviewed by: ~M_ Date:~3 Bonnie Burton, Finance Director // /--> Approved by: ~/~~ Date: ~ Craig..pawson, City Administrator /'.(.., / /, ?/ . Thursday, December 04, 2003 Page 1 of! Payroll Register Check # Last Name First Name MI Check Amt Check Date 2478 BAILEY BOYD C 1,441.78 12/2/2003 2479 BURTON BONNIE M 2,010.90 12/2/2003 2480 DAVIS CHARLES S 1,083.17 12/2/2003 2481 EISCHENS JAMES E 896.37 12/2/2003 2482 ELKE CATHERINE M 915.08 12/2/2003 2483 FASCHING PATRICIA L 837.27 12/2/2003 2484 FIELD DALE F 696.76 12/2/2003 2485 GROUT TWILA R 902.97 12/2/2003 2486 HELLING PAMELA J 550.85 12/2/2003 2487 HIRSCH DANA M 232.43 12/2/2003 2488 JOHNSON DENNIS D 1,076.23 12/2/2003 2489 LUGOWSKI JOSEPH P 1,396.78 12/2/2003 2490 MASON BRADLEY J 998.82 12/2/2003 2491 MOORE JULIE K 282.64 12/212003 . 2492 NGUYEN MICHELLE T 763.11 12/2/2003 2493 NIELSEN BRADLEY J 1,177.69 12/2/2003 2494 PANCHYSHY JEAN M 1,352.63 12/2/2003 2495 PAZANDAK JOSEPH E 1,516.54 12/212003 2496 RANDALL DANIEL J 1,551.84 121212003 2497 SCHMID CHRISTOPHER E 708.48 12/212003 2498 STARK BRUCE H 1,147.73 12/2/2003 2499 SW ANDBY DONALD R 1,351.49 1212/2003 2500 TOWER TERRY R 1,080.41 12/2/2003 218001 ARMSTRON MICHAEL R 329.16 12/2/2003 218002 BAKER RICHARD M 142.86 121212003 218003 BROWN LAWRENCE A 2,033.74 12/2/2003 218004 DAWSON CRAIG W 1,817.51 12/212003 . 218005 DUFFY DAVID C 134.88 12/2/2003 218006 FREIENMUT KERI J 89.00 12/2/2003 218007 HELGESEN PATRICIA R 1,171.63 12/2/2003 218008 LA TTERNER SUSAN M 307.74 12/2/2003 218009 LOCKWOOD DAVID C 59.32 12/2/2003 218010 MELHEIM DANIEL J 321.08 12/2/2003 218011 OLIVEIRA CHRISTOPHER L 157.50 12/2/2003 218012 PARENT MICHELLE L 345.51 12/2/2003 218013 THURSTON DOROTHY M 158.36 12/212003 Total of Checks $31,040.26 , . . CITY OF SHOREWOOD 5755 COUNTRY-CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM Date: December 4, 2003 To: Honorable Mayor and City Council Members Bonnie Burton, Finance Directorrrreasurer~ From: Re: Michelle Nguyen: Appointment to Regular Full-Time Status CC: Craig Dawson, City Administrator Qb Michelle Nguyen's 6-month probation period as Accounting Clerk I ended as of December 2, 2003. Michelle has shown that she can satisfactorily perform the requirements of the job, which includes all aspects of the City's utility billing process, as well as other accounting duties. She also fills in regularly at the front desk as receptionist. A six-month salary step increase becomes effective with the permanent appointment. It is recommended that this increase become effective retroactively to December 2,2003. Staff Recommendation Staff recommends that Ms. Michelle Nguyen receive regular full-time appointment by the City Council to the position of Accounting Clerk I, with the corresponding 6-month salary increase effective retroactively to December 2,2003. ft ~., PRINTED ON RECYCLED PAPER ~.3B t CITY OF SHOREWOOD RESOLUTION NO. 03- A RESOLUTION APPROVING THE PERMANENT APPOINTMENT OF MICHELLE NGUYEN AS ACCOUNTING CLERK I WHEREAS, Michelle Nguyen was hired by the City of Shorewood on June 2, 2003; and WHEREAS, her six-month probationary period ends on December 2,2003; and WHEREAS, the Finance DirectorfTreasurer has reviewed her performance and has recommended that the City Council permanently appoint Michelle Nguyen as Accounting Clerk I; . NOW, THEREFORE BE IT RESOLVED the City Council of Shorewood does hereby appoint Michelle Nguyen as Accounting Clerk I for the City of Shorewood. ADOPTED by the City Council of the City of Shorewood this 8th day of December 2003. WOODY LOVE, MAYOR ATTEST: . CRAIG DAWSON, CITY ADMINISTRATOR . CITY OF-SHOREWOOD ACCOUNTING CLERK I PURPOSE Performs day-to-day activities and tasks in the Finan~e Department in the areas of utility billing and other financial duties under the direction of the Finance Director. Also assists with some clerical tasks, including front desk reception duties. ORGANIZATIONAL RELATIONSIDPS Reports to: Finance Directorrrreasurer J Communicates with: Internally - Other finance staff, department heads, City Council, and other employees. Externally - Residents, government officials, consultants, vendors, and business community. ESSENTIAL FUNCTIONS A. Finance Department (approximately 75%): l. 2. 3. . 4. 5. 6. 7. 8. 9. 10. 11. Creates and updates utility billing customer account files/records/meter books. Performs data entry of meter readings for quarterly and final billings. Reviews and verifies utility billing edit reports for accuracy and unusual consumption and makes necessary changes. Prepares, prints, sorts, and mails quarterly utility bills. Posts the daily utility billing receipts to the financial system. Prepares delinquent utility account data and applies delinquent penalties. Prepares utility shut-off notices and related reports. . Coordinates with public works staff for water shut-offs. Prepares delinquent utility assessment rolls for tax certification. Prepares and mails individual assessment notices for delinquent utility accounts. Responds to all inquiries related to utility billing. CITY OF SHOREWOOD ACCOUNTING CLERK I 12. Prepares labels for newsletters and special projects from the utility billing system. 13. Delivers mail to the post office daily. 14. Deposits the cash receipts daily. 15. Performs other finance duties and accounting activities as assigned. B. General Office and Receptionist (approximately 25%): 1. Answers incoming telephone calls and in-person inquiries in a diplomatic and helpful manner, providing accurate information, referring callers to appropriate individuals, and recording accurate information in their absence. 2. Assists with scheduling building inspections and water and sewer inspections. 3. Assists with the acceptance and/or issuance of various applications, licenses and permits, including but not limited to: homestead applications; voter registration; dog licenses; burning; party; and plumbing, mechanical and building permits. 4. Assists with bulk mailings (e.g. newsletter) and preparation and distribution of meeting packets. 5. Assists-wi.th-e1ecti.on-duties SllCh as ;!SS118n~~ of Abr;:~nt~~ nallots- 6. Provides general clerical assistance and other duties as assigned. '.MINIMUM QUALIFICATIONS 1. Education: High School diploma and six months experience in financial/governmental accounting or equivalent. PREFERRED QUALIFICATIONS l. Additional training in municipal accounting procedures. 2. Knowledge of and experience with computerized financial systems desired. 3. Additional training in secretarial or receptionist skills desired. . . . . CITY OF SHOREWOOD ACCOUNTING CLERK I KNOWLEDGE, SKILLS AND ABILITIES 1. Knowledge of correct English usage, including grammar and spelling. Can learn to use any required equipment. 2. Ability to use a computer efficiently for word processing, spreadsheet computations, data base management and other assigned applications. 3. Ability to work effectively with others, by offering to help, responding to questions willingly, and looking for ways to improve cooperative efforts. 4. Ability to learn and remember facts about the department activities and staff; ability to plan ahead, accounting for interruptions and other unanticipated events. 5. Ability to exercise tact and discretion. PHYSICAL DEMANDS 1. While performing the duties of this job, the employee is regularly required to sit, talk, see and hear. The employee frequently is required to use hands to finger, handle or feel objects, tools, or controls and to operate a variety of office equipment. The employee is occasionally required to stand, walk, reach with hands and arms, climb or balance, and stoop, kneel, or crouch. 2. Employee must occasionally lift and/or move up to 25 pounds. 3. Specific vision abilities required by job include close vision and the ability to adjust focus. The physical demands described above represent those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. WORK ENVIRONMENT 1. The work environment is that of a typical office. 2. The noise level in the work environment is moderately noisy on an occasional basis. 3. Office equipment typically operated includes telecommunications systems, computers, dictating machines, calculators, typewriters, and photocopiers, postage meter, collators. The work environment characteristics described above are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. . . '4 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us CITY OF SHOREWOOD MEMORANDUM DATE: December 3, 2003 TO: Mayor and Council Members Jean Panchyshyn, Executive SecretarylDeputy Clerk ~p FROM: cc: Craig W. Dawson, City Administrator (j;> RE: Approving Year 2004 Refuse Hauler Licenses Refuse Haulers operating within the City of Shorewood must complete an annual license application and provide proof of insurance coverage. The Refuse Haulers noted on the attached proposed resolution have completed the application requirements to provide Refuse Service in the City for the year 2004. Council Action: A motion to adopt a resolution approving Year 2004 Refuse Hauler Licenses. 1f3C n t.J PRINTED ON RECYCLED PAPER ../ CITY OF SHOREWOOD RESOLUTION NO. 03. A RESOLUTION APPROVING LICENSES FOR REFUSE COLLECTORS WHEREAS, the Shorewood City Code Section 507.05 provides for the annual licensing of refuse collectors in the City; and WHEREAS, said Section provides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this application and fulfilled the requirements for the issuance of a License for Refuse Collection. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: . That a License for Refuse Collection be issued for a term of one year, from January 1,2004 to December 31, 2004, to the following applicants: Permit # Company Name Address 04-12 Waste Technology Inc. 5232 Hanson Court Crystal, MN 5542804-14 04-13 Waste Management of MN 128 6th St. N, PO Box 609 Winsted, MN 55395 04-14 BPI Waste Systems 9813 Flying Cloud Dr. . Eden Prairie, MN 55347 04-15 Randy's Sanitation 4351 U.S. Hwy. 12 SE Delano, MN 55328 04-16 Ray Anderson & Sons 930 Duluth Street St. Paul, MN 55106 04-17 Blackowiak & Son 1195 Sunnyfield Rd N Mound, MN 55364 04-18 Veit Container Corp. 14000 Veit Place Rogers, MN 55374-9583 ~ Resolution No. 03. Page 2 04-19 Haugen's Haulers, Inc. 7386 31st St. SE Buffalo, NY 55313 . ADOPTED by the City Council of the City of Shorewood this 8th day of December, 2003. WOODY LOVE, MAYOR ATTEST: . CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK .,j" CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshOrewood.mn.us MEMORANDUM DATE: December 3, 2003 CC: Mayor and Council Members Jean Panchyshyn, Executive SecretaIylDeputy Clerk -$ Craig W. Dawson, City Administrator t,X) RE: A Resolution Approving Year 2004 Tree Trimmer License TO: . FROM: Tree Trimmers operating within the City of Shorewood must complete an annual license application, provide proof of insurance coverage, and pay the appropriate license fee. The attached proposed resolution identifies those tree services that have satisfied the requirements to be licensed to provide tree trimming service in the City in 2004. Council Action . A Motion to Adopt a Resolution Approving Year 2004 Tree Trimmer Licenses 43D n to., PRINTED ON RECYCLED PAPER - ..... CITY OF SHOREWOOD RESOLUTION NO. 03- A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS WHEREAS, the Shorewood City Code Section 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Section provides that an applicant submit a letter of intent and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this process and have submitted the requirements for the issuance of a License for Tree Trimmers. as follows: NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood . That a License for Tree Trimming be issued for a term from January 1,2004 to December 31, 2004, to the following applicants: Permit # Company Name Address 04-01 Shorewood Tree Service 14015 County Road 122, Watertown, MN 55388 04-02 Treecare, Inc. P.O. Box 358, Shorewood, MN 55331 04-03 Stumpf's Tree Service 21854 King Road, Pierz, MN 55364 . 04-04 Amberwood, Inc. 6501 County Rd. 15, Mound, MN 55387 04-05 Viking Land Tree Care 6501 Maple Drive, Rockford, MN 55373 04-06 The Davey Tree Expert Co. 1500 N. Mantua St. PO Box 5193, Kent OR 44240 04-07 Ostvig Tree, Inc. 1421 E. Wayzata Blvd, Wayzata, MN 55391 04-08 Majestic Tree Care, Inc. 4247 Queen Ave. N., Mpls., MN 55412 04-09 Rainbow Tree Company 2239 Edgewood Ave So, St. Louis Pk, MN 55426 04-10 Aaspen Tree Service 970 Wayzata Blvd., Wayzata, MN 55391 04-11 Enchanted Forests, Inc. 22846 Baseline Blvd., Jordan, MN 55352 04-20 Aaron's Tree Service Box 884, Wayzata, MN 55391 - . . ADOPTED by the City Council of the City of Shorewood this 8th day of December, 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: December 3,2003 . FROM: Mayor and Council Members Jean Panchyshyn, Executive Secretary/Deputy Clerk:)Q Bradley J. Nielsen, Planning Director CC: Craig W. Dawson, City Administrator/Clerk ~ RE: Therapeutic Massage License Renewals for 2004 TO: Therapeutic Massage license holders operating within the City of Shorewood must complete an annual license application, provide proof of insurance coverage and pay the license fee. The following individuals have completed the requirements to renew their annual therapeutic massage license for 2004: . . Catherine M. Fogarty, D.b.a Ascending Energy, 19285 Highway 7, Suite 4 . Joan L. Rousar, 5585 Shorewood Lane . Margaret E. Prehall, Maggie's Lake Area Massage Therapies, 4828 Rustic Way Council Action: A motion approving Therapeutic Massage License Renewals for 2004. #3[ ft ,..1 PRINTED ON RECYCLED PAPER .... . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us.cityhall@cLshorewood.mn.us MEMORANDUM DATE: December 3, 2003 TO: Mayor and Council Members .......r: Jean Panchyshyn, Executive Secretary/Deputy Clerk:::}P Craig W. Dawson, City Administrator ~ Approving the Year 2004 Agreement for Animal Control and Animal Impound Services FROM: CC: RE: The City contracts its Animal Control Services with the City of Orono Police Department, and its Animal Impound Services with Paws, Claws and Hooves (pCH). As noted.in the attached correspondence from the City of Orono, there is a 3 % increase in Animal Control Service for the year 2004. There is no change in the contract for Animal Impound Services provided by PCH. The monthly service rate remains at $75.00 per month. Impound fees for unclaimed dogs also remains at $25.00 per day (with a two-day minimum fee). Council Action Staff recommends approval of the Contract for Animal Control Services with the City of Orono and the Contract for Animal Impound Services with Paws, Claws and Hooves for the year 2004. :+For ft 'w.1 PRINTED ON RECYCLED PAPER Honorable Mayor and City Council City of Shorewood c/o Craig Dawson, City Administrator 5755 Country Club Road Excelsior,:MN 55331-8927 . R-e c cL ~t Ct. e - (Ka ~L December 1, 2003 Honorable Mayor and City Council: The City of Orono does hereby submit a proposed contract for the provision of animal control services to the City of Shorewood for the year 2004. The proposed contract reflects a 3.00./0 increase in animal control costs. The City of Orono and the Orono Police Department are committed to providing the highest quality animal control services, and the highest level of responsiveness to Shorewood's animal control service needs. We appreciate the continued opportunity to provide animal control services to the City of Shorewood, and respectfully request that the Mayor and City Council approve the extension of the animal control service contract for 2004. Please sign and return both copies of the 2004 contract. A fully executed copy will then be returned to the city for its records. . Respectfully submitted, Ronald J. Moorse City Administrator RJM/lsv Ene. . . ANIMAL CONTROL CONTRACT This agreement made this _ day of , 2003, by and between the City of Orono, hereinafter referred to as "ORONO"; and the City of SHOREWOOD, hereinafter referred to as SHOREWOOD, witnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of January 1, 2004, and shall continue in effect until December 31, 2004, unless cancelled pursuant to this agreement. 2. ORONO agrees to patrol the public streets of SHOREWOOD, in accordance with a schedule provided by ORONO, agreed upon by SHOREWOOD. If necessary, ORONO agrees to transport animals as it deems appropriate. ORONO will, at the completion of each regular patrol or as soon as reasonably possible, in the City of SHOREWOOD, give a written statement to the South Lake Minnetonka Public Safety Department setting forth a description of all animals impounded including breed, color, weight, name of owner, name of animal, if known, and point of collection by the patrol officer. ORONO will also attempt to notify South Lake Minnetonka Public Safety Department prior to impounding any animal. 3. ORONO agrees to provide personnel and equipment to provide animal control services. Said employees shall perform their duties in proper attire, utilizing a marked Orono Public Safety vehicle whenever available. These employees shall be in uniform or have City of Orono identification. 4. SHOREWOOD shall authorize ORONO to apprehend and retain domestic animals and/or issue citations or warnings for violations of city ordinances. Wild animals shall only be dealt with pursuant to ORONO'S policy regarding wild animals if the animal is presenting dangers of personal injury or significant property damage. However, ORONO shall not invade private property contrary to the wishes of the owner of said property, nor forcibly take an animal from any person without the approval and assistance of a peace officer having jurisdiction in that city. 5. ORONO agrees to patrol the public streets of SHORE WOOD and respond to animal control calls in SHOREWOOD. Orono shall also conduct annual kennel and stable inspections. These shall be scheduled during regular patrol hours in Shorewood. 6. In addition to regular patrol, ORONO agrees to respond to "emergency call-outs" from SHOREWOOD. ORONO will have an officer scheduled to respond to such call-outs. ORONO shall respond at the earliest opportunity to such requests, including bite cases or injured animals, as deemed appropriate by ORONO. There may be occasions when an animal control officer will not be immediately available, in which event the response will occur at the earliest opportunity. 1 C) It is agreed that if the designated boarding facility or euthanasia/disposal service is unavailable, SHOREWOOD shall authorize ORONO to obtain these services elsewhere, and SHOREWOOD shall pay ORONO the rates of the alternative facility. A.NIlMAL CONTROL CONTRACT Continued An "emergency call-out" is defined as a specific request for animal control service during times that an officer is not on duty. If an Orono Animal Control Officer is on duty, even though not patrolling in SHOREWOOD, said officer will respond. If deemed appropriate by the Orono officer on call, a situation may be dealt with over the phone. ORONO agrees to coordinate services with the Paws, Claws, and Hooves, 10500 Great Plains Boulevard, Chaska, MN, 55318, which will serve as the impound facility, as long as this arrangement is agreeable with Paws, Claws and Hooves. SHOREWOOD agrees to be billed directly by Paws, Claws and Hooves, and to pay for impound, boarding, euthanasia, disposal, or any other veterinary fee as charged by the impound facility. When requested, the Animal Control Officer will review these bills to determine if the charges appear proper. 7. ORONO shall furnish monthly reports to SHOREWOOD reflecting the charges for animal . control services, which each city agrees to pay ORONO within 30 days of being billed. 8. When an animal is impounded pursuant to this animal control contract, said animal shall be held in accordance with Minnesota Statute 35.71. In the event that an impounded animal is unclaimed, the animal becomes the sole responsibility of Paws, Claws and Hooves to be placed or disposed of at their discretion. 9. ORONO shall maintain reports on Orono forms, or utilize specific forms as requested by SHOREWOOD. A monthly report of activity shall be provided to SHOREWOOD. 10. The City of ORONO will indemnify and hold harmless SHOREWOOD for claims, suits, actions, damages and loss arising out of the negligence or misconduct of the City of ORONO in conjunction with this agreement. 11. SHOREWOOD agrees to pay ORONO for services in the performance of this contract, . pursuant to Paragraph 15 of this contract, as follows: A) Annual Fee for patrol and emergency pick-ups. . . . . . . . . . . . . . . .$19,517.38 B) Price per deceased animal disposed of by the City of ORONO . .. . . . . . . ... .., . . . . .. .. . ., . ., . . .. . . . . . ... .. . . . .$50.00 2 . . ANIMAL CONTROL CONTRACT Continued 12. SHOREWOOD shall pay any veterinary bill incurred for unclaimed animals impounded from SHOREWOOD. Owners claiming their animals shall be charged the veterinary bill in its entirety, including impound fees. 13. All payments shall be made by SHOREWOOD upon receipt of monthly statements from ORONO within 30 days. 14. Because this is a joint effort involving the cities of SHOREWOOD, EXCELSIOR, TONKA BAY, and ORONO, it is agreed upon that any modifications to, or withdrawals from this contract shall require the written authority of each party. SHOREWOOD agrees that in the event that one or more parties seek such change, including withdrawing from the contract, said party (or parties) shall remain obligated to pay their agreed upon annual fee in monthly installments, unless otherwise agreed to by all parties pursuant to this Paragraph, for the remainder of the year. 15. SHOREWOOD further agrees that the fee reflected in this contract is in effect only for the calendar year 2004. 16. Under no circumstances shall ORONO be obligated to respond to any request for assistance, or to patrol when, in the sole discretion of the Orono Police Chief or his duIy authorized agent, anyone of the following conditions exist: (1) when necessary personnel and/or equipment are engaged elsewhere, (2) when road or weather conditions constitute a hazard, (3) when providing assistance would expose any person to unreasonable risks. 17. The time and manner in which service is rendered, the standard of performance and the control of personnel employed to render such service shall be determined by ORONO. ORONO reserves the right to alter scheduling shouId conflicts arise (i.e. CSO schooling, illness, vacation, etc.). For the City of Shorewood: For the City of Orono: Woody Love, Mayor Barbara A. Peterson, Mayor Craig Dawson, City Administrator Ronald 1. Moorse, City Administrator Animal 04.shw .: ANIMAL CONTROL IMPOUND CONTRACT This contract represents an agreement between the City of SHOREWOOD and Paws, Claws & Hooves Pet Boarding (pCR) to provide animals impound services for stray dogs and cats. Impound service will be provided 24 hours daily. Normal business hours (seven (7) days a week except Holidays) are Mondav through Saturday 9:00 a.m. to 12:00 p.m. and 3:00 p.m. to 6:00 p.m. and Sunday 1 :00 p.m. to 4:00 p.m. After hours, animals may be installed in the POLICE KENNELS on the SOUTHEAST side of the building and all paperwork deposited in the mailbox attached to the building. ANIMALS WILL BE IMPOUNDED ONLY BY AN AUTHORIZED REPRESENTATIVE. The stray animal must be transported by an official to the impound facility, Paws, Claws & Hooves, 10500 Great Plains Boulevard, Chanhassen, located at Highway intersections of212 and 101, entrance on North 101. Animals impounded will be held for tive working days, excluding the tirst working day, as required by Statute 35.71 and if not claiined by the owner, will become the property ofPCH, to be adopted into a new home or euthanized at its discretion. Every attempt will be made by the City to locate the owner(s) of stray pets. Known owners of unclaimed pets will be reported to the City for possible fee collection. If the animal is claimed by the owner, the owner will pay all boarding costs. With prior authorization, PCH may . collect fines for the city during hours when the city is not open for business. Fines or license fees collected by PCR will be paid to the city involved. PCR shall keep all boarding fees. The monthly service Rate assigned is $75.00 per month and maybe paid in advance. Impounding fees for unclaimed animals will be billed monthly at the following rates: Domestic Animals: $25.00 per day, two day minimum. Additional Services when required due to space needs or if unclaimed: Inoculations Bath $95.00 $35.00 EurHANASINDISPOSAL FEE = $100.00 per animal. Adoption fee is $40.00 per animal. All fees charged are subject to applicable tax. Unclaimed animals become the property ofPCR Ifan animal is not considered adoptable (age, condition. illness, . temperament, etc.) PCH will euthanize by lethal injection by a Veterinarian. On the rare occasion that an injured or terminally ill animal is impounded PCR will determine, with the help of a Veterinarian, what is best for the animal. If the animal is suffering it may be euthanized immediately and the euthanasia and disposal fees will be charged to the owner, if known, or the city. This contract runs from January 1,2004 to December 31, 2004 and may be reinstated on an annual basis. This contract may be terminated by either party upon sixty (60)days written notice prior to contract terminating ~~~~ Paws, ClaWS-and H Pet Boarding (952) 445-6403 \~-l J05 Date City Administrator or Clerk Date City Mayor Date . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM DATE: December 3, 2003 TO: FROM: cc: RE: The City of Shorewood entered into Agreement No. A13010 with Hennepin County in June of 2000 for electronic parcel data for the purpose of obtaining Shorewood parcel map data from Hennepin County. A copy of this Agreement is available in the City Clerk's office. . Each yearthis Agreement must be renewed. Staff has prepared a resolution which extends this Agreement for the Year 2004. Staff recommends extension of this License Agreement in order to continue to receive updated parcel map data from the County in the year 2004. Council Action Approval of the resolution extending the Electronic Parcel Database License Agreement with Hennepin County for the Year 2004. :tt3G #. ~.1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD . RESOLUTION NO. 03- A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXTEND THE EPDB CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE YEAR 2004 WHEREAS, the City of Shore wood (City) has a desire to use electronic parcel specific data from Hennepin County (County); and WHEREAS, in order for the City to use the desired information, the City must renew their EPDB Conditional Use License Agreement with the County, establishing criteria for use of . such data; NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and City Administrator to extend the EPDB Conditional Use License Agreement with Hennepin County for the year 2004. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR , 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us CITY OF SHOREWOOD MEMORANDUM . Date: December 4, 2003 To: Honorable Mayor and City Council Members ~ Bonnie Burton, Finance Directortrreasurer ~ From: Re: Agreement for Computer Network Maintenance Services for 2004 CC: Craig Dawson, City Administrator ~ . The City computer maintenance services are provided by Techies, formerly known as the Geek Squad. This firm has been very effective in assisting the City with data contingency plans and maintaining smooth operation of the City's computer systems. Based on their performance, staff highly recommends renewal of the annual maintenance contract for the year 2004. The annual cost of the contract is $500 per month, which is unchanged from 2003. This cost has been programmed into the 2004 budget. Action Requested A motion by the council is requested to approve the contract with Techies as per the attached agreement. ... \,.1 PRINTED ON RECYCLED PAPER #3H This Maintenance Agreement is for: City of Shorewood Length of Agreement: 12 Months Length of visit: 4 hours Start Date: (J~ /-oJ/1..004 If ( Maintenance Agreement End date: Frequency of visit: Once a month Charge per visit: $500.00 11-{;3/ /2004 You will be billed monthly, in advance, and payment will be due on the first of every month. A few Rules: . If you do ever need to reschedule an appointment, we will try to accommodate your needs. If we cannot resChedule and you choose not to have us make a visit, you do lose those hours. . If your maintenance visit falls on a holiday, you will be contacted to reschedule for that visit. . You cannot cancel maintenance visits. They are pre paid, therefore if you choose not to have a visit you will be charged for the visit anyway. Upon execution of this agreement, The Techies will provide the following services. (Gathering of Information and preparation of reports will consume the first visit): . A detailed Inventory of all hardware and software. . A written detail of all ISP information Including: o ISP name, IP's, passwords, router/server configuration . A written, basic security review . A written disaster analysis and recovery plan . A scheduled maintenance plan which Includes: o A server/network checklist with each visit o Workstation updates and maintenance o A written report of work completed during each visit . On-going recommendations to provide further scalability and stability . Upgrade recommendations . Pricing, purchasing and installation of suggested hardware and software requirements . Regular meetings to allow your IT transitions to occur smoothly . Written instructions covering: o Add/removing users on the server, basic workstation setup, backup verification . Here's what we'll need you to do for us: . Services which extend beyond the scheduled maintenance time frames will require a proposal and be billed separately. . Emergency situations which cannot wait until the following scheduled maintenance time will be billed at normal emergency rates. . Review of software and hardware recommendations with approval or disapproval. . Clear communication to Techles of needs In software and hardware, In writing. . An understanding that when recommendations are not followed, or when changes are made to systems by non- Techles personnel, Techies can not be held responsible and additional costs may be incurred. In other words, call us before you poke around under the hood. UMITATION OF LIABILITY: . TECHIES, INC. SHALL HAVE NO LIABILITY OR RESPONSIBIUTY TO YOU OR ANY PERSON OR ENTITY WITH RESPECT TO ANY UABILITY, LO DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR INABILITY TO USE THE FOREMENTION EQUIPMENT. ALL PRICES ARE SUBJECT TO CHANGE DUE TO MARKET CONDITIONS ON PARTS AND UNFORSEEN FACTORS THAT MAY ARISE DURING INSTALLATION OR MAINTENANCE. 1. Maintenance services are for the benefit of and shall apply only to Customer and Its authorized users. 2. Customer shall maintain an environment for all hardware and software In accordance with Techies' specifications, and shall provide Techles with access to all software and hardware as necessary to perform the maintenance services. 3. Customer also will provide all required remote support and update connections as reasonably requested by Techles. 4. Customer shall not permit persons other than Techies' authorized personnel to perform maintenance or attempt repairs to any hardware or software, except with Techies' prior written consent. 5. Service time and/or materials required to Identify, verify or resolve problems attributable to the causes listed below are not Induded In the maintenance services: (a) any acts or omissions or negligence of Customer, its employees, or third parties; (b) use of access cards, devices or other supplies or materials not approved by Techies in writing; (c) any modification of any hardware or software not authorized in writing by Techles; (d) any connection of any hardware or equipment by mechanical or electrical means to foreign power source. Client signature: Date ~aintenance Agreements tech; es ~ ~;t;;;;k t~""sk-f;;~i WHAT IS A MAINTENANCE AGREEMENT? Our way of being proactive with you via regularly scheduled service on a weekly, biweekly, or monthly basis. Read on. . . WHY A MAINTENANCE AGREEMENT? Peace of mind! You'll have "peace of mind" knowing you are being proactive with your support. This is accomplished with: . Regularly scheduled visits . Having ONE primary contact (your Technician) at Techies . Ongoing recommendations to keep things at tiptop performance . Regular price schedule. You can rest assured (barring any emergencies) that they will have one invoice to pay monthly ... A detailed inventory of all systems, software, and peripherals (NO extra charge) Training to help you do machine network setups (users, etc.) backups, etc. on your own IS THIS FOR YOU? Of course! We can set up maintenance agreements for small businesses, large businesses and individuals. Basically, anyone who is in need for ongoing service and support. If you fall into one of these categories, Maintenance Agreements were designed for you: . Anyone with a network . Anyone with 4 or more computers in an office . Anyone who uses Techies frequently . Anyone who is looking at purchasing a prepaid account WHAT DO YOU GET? .'11 receive: . A scheduled maintenance plan which includes: o A server/network checklist with each visit o Workstation updates and maintenance o A written report of work completed during each visit . Ongoing recommendations to provide further scalability and stability for your systems . Upgrade recommendations . Pricing, purchasing and installation of suggested hardware and software requirements . Regular meetings to allow your IT transitions to occur smoothly . Written instructions covering: o Add/removing users on the server, basic workstation setup, backup verification You also receive a detailed inventory free with a signed contract that includes: . A detailed inventory of all hardware and software . A written detail of all ISP information: o ISP name, IP's, passwords, router/server configuration . A written, basic security review . A written disaster analysis and recovery plan . . An asset management folder (IT Binder) containing all the above information plus: o Contact info at Techies, your Tech name, billing, Dispatch o Terms o Table of Contents o A copy of your Maintenance Agreement Contract. CONDITIONS: Services which extend beyond the scheduled maintenance time frames will require a proposal and be billed separately . Emergency situations that cannot wait until the following scheduled maintenance time will be billed at normal emergency rates . Software and hardware recommendations require your approval or disapproval . Clear communication to Techies of needs in software and hardware should be in writing. . Understand that when recommendations are not followed, or when changes are made to systems by non- Techies personnel, Techies can not be held responsible and additional costs may be incurred. In other words, call us before you poke around under the hood. HOW WE SCHEDULE: Once we determine the minimum amount of time you will need. . A Technician will be scheduled based on ability, then location . Start times are generally 9:00AM, 11:00AM, 1:00PM, 3:00PM HERE'S flow MUCH IT COSTS AND THE TERMS: You are required to give a minimum 1 Year commitment, payment to be prorated over a monthly basis. This will be due a month in advance of service. . 2 hours blocks are $300 each . 4 hours blocks are $500 each . 8 hours blocks are $900 each . Any holiday that falls on the regularly scheduled day will be scheduled on a different date, however thiS. be with your back-up Technician. . If the primary Special Agent goes on vacation, we'll send another Special Agent with equal or greater technical ability to cover that day. Visit our Web page at www.333tech.com for more information about us. ~. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM Date: December 3, 2003 . From: Honorable Mayor and City Council Members . Bonnie Burton, Finance Directorrrreasurer ~ To: Re: Auditing Services Contract cc: Craig Dawson, City Administrator c.b The City's auditors Abdo, Eick and Meyers, LLP, have submitted their engagement contract for services for this year. Their estimated fee for services will be approximately $14,000, which is somewhat higher than last year. The additional costs are because of the requirement to implement SAS No. 99 this year, which is a new audit standard that relates to fraud. . Action Requested A motion by the council is requested to approve the agreement with Abdo, Eick and Meyer for auditing services for the year ending December 31, 2003. Approval requires a simple majority vote by the council. ~ ~~ PRINTED ON RECYCLED PAPER #3X . December 3, 2003 Grandview Square 5201 Eden Avenue Suite 370 Edina, MN 55436 . Enclosed is the 2003 engagement letter. It has been prepared with additional costs to implement Statements on Auditing Standards (SAS) No. 99. We sent a letter outlining what SAS No. 99 was and what it would involve in August. SAS No. 99 is an audit standard that relates to fraud. It is required to be in place for this audit and will result in additional time in completing the audit. If you have any questions, please feel free to call me at your earliest convenience. Sincerely, ABDO, EICK & MEYERS, LLP Certified Public Accountants ~ )4JMI Steven R. McDonald, CPA . Enclosures 952.835.9090 . Fax 952.835.3261 . . Grandview Square 5201 Eden Avenue Suite 370 Edina, MN 55436 Dear Client: Internal control is a consideration in every audit. In the last several years, there have been numerous highly publicized instances of financial statement fraud. Even before we dealt with Enron related issues, the Auditing Standards Board of the American Institute of Certified Public Accountants .(AICP A) was working to improve the audit procedures relating to the consideration of fraud in a financial statement audit. The purpose of this letter is to update you on some changes that will have an impact for our audit of the 2003 financial statements. The Auditing Standards Board issued Statement on Auditing Standards (SAS) No. 99, Consideration of Fraud in a Financial Statement Audit in September 2002 and became effective for periods beginning after December 15, 2002. This standard was issued to improve the chances that material misstatements due to fraud would be detected. We have always had standards addressing the likelihood of fraud in our audit, but some of the significant changes are listed below: · Brainstorming sessions with audit team members to discuss the potential for material misstatement due to fraud. · More inquiry designed to detect fraud. · More analytical procedures designed to identify the risk of the material misstatement due to fraud. · More information gathering procedures. The results of the procedures could lead to more fieldwork during the audit. At a minimum, we will be spending more time in the preliminary stages of the audit. If our preliminary work indicates a higher risk of fraud exists, we will spend time in that area to develop procedures to address that risk. The effects of this Standard will result in more time during the audit, which will result in a higher cost to you. We are not approaching this Standard as a revenue generating tool. Weare looking at this standard as an opportunity to rethink our audit practices and design effective new ways to make you better. Our mission as a firm is to help you improve your organization. We look forward to answering any questions and helping you prepare for year end. Sincerely, ABDO, EICK & MEYERS, LLP Certified Public Accountants 952.835.9090 Fax 952.835.3261 www.aemcpas.com November 20, 2003 Grandview Square 5201 Eden Avenue Suite 310 Edina, MN 55436 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Honorable Mayor and City Council: We are pleased to confirm our understanding of the services we are to provide the City of Shorewood for the year ended . December 31,2003. We will audit the financial statements of the City as of and for the year ended December 31, 2003. We understand that the financial statements will be presented in accordance with the financial reporting model in effect prior to that descnbed in GASB Statement No. 34. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements: 1. Combining and Individual Fund Financial Statements Audit Objective The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the flIst paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement . Management Responsibilities Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your fmancial statements, but the responsibility for the fmancial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confmning to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. 952.83S.9090. Fax 952.835.3261 . . ! November 20, 2003 Page Two Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent fmancial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as an auditor is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confinnation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that the City complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free ofmateria1 misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance "and we will not express such an opinion. Audit Procedures - Internal Control In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City's financial statements. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. &1bCPA . November 20, 2003 Page Three Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, typing, postage, travel, copies, telephone, etc.). We estimate that our gross fee, including expenses will be approximately $14,000. This estimate is based on the prior year time and the estimated cost for the implementation of SAS 99. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. Ifwe elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated . cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant tenDS of our engagement. If you have any questions, please let us know. If you agree with the tenns of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, EICK & MEYERS, LLP Certified Public Accountants RESPONSE: This letter correctly sets forth the understanding of the City of Shorewood. By: Title: Date: . . . :Eri<Irn&=rnUJNG LID CONSULTANTS AND CERtIFIED PUBLIC ACCOUNTANTS July 10, 2002 Dean R Ager, CPA Thomas LSykes, q>A MichaeI5.Altman,CPA William]. Gravelle, CPA rdnabJ. Medlin, CPA Dalia. 'R.1lenoit, CPA .1 To the Partners' Abdo, Eick & Meyer~1 LLP We have reviewed the system of quality control for the accountin.g and auditing pra~ice of Abelo: Eick & Meyers, lLP (the firm) in effect for th~ year ended May 31. 2002. .A system of qualitY, control encompasses the firm's organjz~tio.nar structure and the policies adopted and proee~ures established to prOvide ft with re~sonable assurance of conforming with Pf<If:esslonal standards. The elements of quality control are c;lescribed in the Statements on Quality. Control Standards issued by the Anierican Institute of . ~rfified Public Accountants (AICPA). 'The.design of the system anCl compliance with it are the 'responsibility ofthe firm. Our responsibility is to.express an opinion on the desIgn of the system. and the firm's compliance with the system based on'our review. Our review. was conduGted in accordance With standards established by the Peer Review Board of the AlCPA In pelfonning our reVIew, we obtained an undi>rstanding of1l1e system or quality colllrol for the ftrm's accounting an~ auditing. practice. In addition, we tested compliance with t~e' finn's quality control policies and procedures to the .extent we considered appropriate. TheSe tests covered the application of the finn's policies and Pro.cedures on selected engageo1ents, Because our review.was ~ on .. sele~\le tests, it would not necessarily disc;lose aU weaknesses in the'system of qyality control or all instances of !a~ of compliance with it. ' . Because. there are inherent'limitations in the effectiveness of any system of quality cOntrol. dePartures' from the system may Occur and ~ot be detec:ted. Also, projectfon of any evaluation of a system of quality control to future periOds is subject to the risk. that the system of quality control may become inadequate,' because of changes in conditions, or because the degree of compnance With the pOlicies or Procedures' may deteriorate. In our opinion,' the syst~m of.quality control for the accounting and auditing practice ofAbdo, Eick & Meyers, LlP in effect for the year ended May 31, 2002, has been designed to meet the reqUirements of tbe quality control st~ndards for an, accounting and' auditi~g praCtice established by ~e AICPA and was compiled with during 1I1e year then ended to provide the fiirri with ieasonable assurance. of confom1ing with professional' standards. . E~J~'~ 600 Wells Fargo Center . 230 West superior Street . Duluth, MN 55802-1953 . Phone 218'72204705 . Fax 218-722'8589 80700quet Avenue . Ooquet, MN 5S120'1677 - Phone 218-879'1503 . Fax 218.879-6240 Suite 228. 1225 Tower Avenue . S~ WI 54880 . Phone 715-39+6621 . Fax 715-39+5629 www.eikillcom - . . CITY OF SHOREWOOD RESOLUTION NO. 03-_ A RESOLUTION APPROVING THE FINAL PLAT OF JOHN P ASTUCK ADDITION WHEREAS, the final plat of John Pastuck Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The plat of John Pastuck Addition is hereby approved. 2. The approval is specifically conditioned upon the Developer recording the Development Agreement, attached hereto as Attachment I, and made a part hereof, with the Hennepin County Recorder: 3. The Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 4. The final plat, together with this resolution, the document described in 2. above shall be recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK :JJ 3.J. . (insert Development Agreement - Attachment I) . 2 '" CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works ~ December 2, 2003 FROM: . DATE: RE: Approval of a Revised Form for Tournament Application At the November 12th Park Commission meeting, a revised form for organizations to host a tournament at the Shorewood Park facilities was considered and approved. Attachment 1 is the revised application form. Changes included in this form are the addition of a cancellation policy, the regulations regarding the use and cleanup of the park and guidelines regarding traffic management. Recommendation Staff is recommending approval of the revised Tournament Application form. . ft ~., PRINTED ON RECYCLED PAPER if 3 1< \,;lty OJ :snorewooa Tournament Application Date: Application Fee: Receipt #: Damage Deposit: Organization/Group/Sponsor requesting space Park Location Field or Rink Tournament Dates Rain Dates Tournament Coordinator Address Home Phone Times Rain Date Times Business Phone . ......Tbu..6ame..ttr=eeas..DerCitV.Code..1301..02:..... .. ., .--- ...,. . -,.-, .., ....... . ..,. -. - . ... ." . ,-., - -- ." . ,-- -..,.. .. .-,. - - -. -. .. .. ... --- '.-. .. . . ,-" .-........,. . - . - - . - . . --,---,.". ...... . - -. -. . ..". .-.-".. -. . ..<perfield . per rinK . 4ights! ., ..,- .-- ."'" .'" -. ".-. -.'". ...D~~ge[)~pb~il.. . Psr..Piarnol1d..Fleld... PerHink Per Entire Soccer Area Per FootbaUFisld Lights: $150Jday $50.00Jday $30.00/hour $ $ $ . 1. Application Procedure This completed application must be submitted with appropriate fees, as calculated above, for review and approval by the Public Works Director and Park Coordinator 60 days prior to the tournament date. Other items required at time of application are: . Evidence of Comprehensive Liability Insurance in the amount of $500,000 per occurrence. . Workers Compensation coverage, if applicable. . Schedule of Events. Schedule of Events must include: . The number of events and times scheduled for each. (Please note that there must be a 30-minute period between scheduled events to facilitate parking.) . The number of participants at each event. . The estimated number of vehicles at each event. Approved Park Coordinator Date Page 2 Tournament Application 2. Upon Approval I Denial of the Application . If the application is not approved, checks will be returned to the applicant. . If the application is approved, the checks will be cashed and the tournament fee will become non-refundable. . After the event has occurred and it has been determined there is no damage to city- owned facilities or structures, the damage deposit will be refunded to the applicant. . 3. During and After the Tournament The City expects the park to be left in the same condition following the tournament as it was prior to the tournament. The following steps toward that end are requirements of the applicant: . The Sponsors will be entirely responsible for the operation of the tournament, and will be expected to assume financial responsibility in case of damage to City owned facilities or structures. . The Sponsors agree to indemnify and hold the City harmless from any claims arising out of the use of the park and the operation of the tournament. . Sponsor must provide for the delivery of a commercial dumpster prior to the tournament and for its pickup within 48 hours after the end of the tournament. All litter must be picked up and placed in trash containers. Trash containers must be emptied periodically into trash dumpster. . Additional portable rest rooms must be rented, at the Sponsor's expense for groups larger than 500. . Additional fees for electricity, water, trash collection, etc. will be billed to the Sponsor, if necessary. . If significant traffic flow will occur, the City may require the sponsors to reimburse the city for cost of traffic management services from the South Lake Minnetonka Police Department. . Parking is restricted to designated parking areas only. If parking is expected to exceed the number of designated parking spaces at the park, the City may require offsite parking, to be serviced by shuttles, to handle the overflow parking at the event. . Non-compliance with any of the above requirements could result in loss of privilege to use Shorewood fields I rinks. I have read and understand the above regulations and agree that they will be followed by our organization. I also agree that I, or a designated replacement, must be on site during all tournament activities. Applicant Signature Date Approved Public Works Director Date Note: A tournament is a series of elimination games separate from the regular season schedule. Although no fees are required for annual season playoff games. all tournament rules apply 11/03 *- ( CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: 4 December 2003 RE: Gleason, George - Appeal Notice to Remove FILE NO.: Property(6130 Cathcart Drive) In response to neighborhood complaints, our office sent a "Notice to Remove" to Mr. George Gleason at the above-referenced address (see Exhibit. A, attached). Mr. Koerting has now appealed the notice (see Exhibit B). His appeal asks for additional time to comply with the notice, but does not specify how much time he needs. . Staff explained to Mr. Gleason that the Council routinely grants an extension of 30 additional days for compliance, provided the property owner is making a good faith effort to comply with the Code. Staffwill reinspect the property prior to Monday night's meeting to check on progress. Assuming the owner is making progress as of Monday, the extension oftime is . recommended. Failure to comply with the extended deadline should result in legal action without further notice. Cc: Craig Dawson Ken Potts Joe Pazandak George Gleason n '-J PRINTED ON RECYCLED PAPER :Ii 3.11. ). ~ . . ~.JC-: . : 9' .' ~9.'7::- 0: I g i-' , '. 1 " ,. _ R . l' ) CITY OF .....~..SHOREWOOD ." 5755 COUNTRY CLUB ROAD. SHOREWboD., MINNESOTA 55331-5927 · (952) 474-3236 , ' . FAX {952,) 474-0128. www,ei.$hOrewood.mn.u$. cityhall@ci.sfiQrewoOd.~n.US , '" DATE: 14,N?veptber 2003 , ' , TO:' 'George and Leslie Gieason. 613,0 Cathcart Drive Shorewooq., 'fv.IN 55331 PROPERJ'Y.~OCATlo",N:, . 6130 Cathcart Drive P~~PERTY I~~J~NTIF~CATION NO.: 32':'117-23-33-0037 , ~,. , i NOTIcE 'TO REMOVE Off~nsi~e and" U.. healthv 'Substances , , 0' . t. NOTICE IS' HEREBY GIVEN that there' exlsts a eondit!.on on the above"referenced property which is in violation of ~ptl:?I' 501,. Section 501 :0.1 oi'the Shorew:ood 'City Code; a copy of. which Section is' enclosed. The offensjve matter to be removed from the property inoludes, but is not liniitedto the following:, " '. ,", ,,' " vEHICLES OR EOUIPMENT NOT REGISTERED'TO OCCUPANT OF PROPERTY AND/<?R UNLICENSED: (Inspection'date: 10/31/Q~)' , I'> '. / " ,i : . Utility Trailer, Lie. No., 546, 308 (1997) .: expired, Boat, Lie. No, .MN3063GA (2000) -' expired and ,pot registered to property Infiniti (black), Lie. No. FHe 261 (Oct.'03) - not registered to property Ford Van (w~'li~e)" Lie. No. 410 PAU,(Dee.'02),- eXpired ' '" . New Yorker (gray), Lie. ~o. 798 B~ (J~.',~1) - expired ' , Ford BronCO (white), Lie. No. DVD 200 (Oct.'03) - not registered to ,property Car - no license ,.' , ' , .vPord V~ (maroon), Lie. No. LPT 020 (Oct.'04) -not registered to property " , "..Snowmobile, Lie.' No. AR 8545 (Joo.'97)"': expired and not registered to property , .' .... .. OTHER: " " Pickup ~ck box; vehicle parts; fencing; inoperable mower; shower stan~ waier ' heater; brush'approx. 3'0 cu. yds.; hazardous.trees-. " , , 7.~ -=l~\1r-1 " , ..,n:>lINn.") , , ' ..~\,\+ A AbA7.T.7.P. GT.:qT. P.~~7.IT.~/7.T. . ' 0 PRINTED'ON' RI!CYCLe~ PAfff\ -.. .' ,I .. .. " \, .. ........ , " ... :'.,' \ , . '. ..' . iy ou are 'hereby requ4'c%t to ,rem.o~e the ab.ove-<kscribed'ma.tter and any other :offensive matter " located ,on the'propertY and in violation of.C~apter sort Section 501.01 witliin ten (10) dliys; from the date hereof. In the alternative, YQ~ may flle a written, notice ~f appeal at tOe Shorewood City" ' Hall within ten (10) dayS, in which- case your ~ppe8l. will' be set for hearing at the next regul~ly , sc,peduled meeting of:fu,e City, Council. . ,,'" If you do not respond to this Notice within ten {10) days, the City shah take whatever leg~ ~tion ' , as may}:>e necessary' to have the offensive::t;natter removed. The costs'inC1UI'e<;i by the Cio/ for such removal"shall be charged to ~e ,property owner ~d b~ome.a li~ against ~e ~o~erty" , ,.' ' t . , \ **"!' PLEAsE GIvE TIDS MATTER YOUR IM:MEDIATE ATTENTION *** , , ' . ' .BY O~ER OF tHE SHOREWOOD CITY COU,~ClL ,>. , I I , , , ' '. . j' " ' ,,' 'o: . '-:.., (" . ~ I 2 "" F:t:l -=I!=)\;;1.-l " ini>lI Nn:1 qT.:qT. F:t:l~7.IT.~/7.T. "AtoR7. T.7.1=: .. ,.... J 2- 1 ,,-,<:r,3 ..,...,- ...... 'Y'r'--h~ 7'..J!;-4 ~~;.,o ~ ,SS-3 r e " ~'ffL Ini>lINn:1 RtoR7.T.7.F: qT.:GT. F:~~7.IT.~/7.T. ,- .... . . Larkin HoffmiY! Memorandum To: Mayor Woody Love Members of the City Council Craig Dawson, City Administrator Tim Keane, City Atto~ November 20, 2003 From: Date: Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis. Minnesota 55431-1194 GEWRAL: 952-835-3800 Ft,': 952-896-3333 WE'" www.1arkinhoffrnan.com Re: City of Shorewood I Cub Foods - Maple Street Utility Easement Vacation Shorewood Village Shopping Center, Inc. has submitted the enclosed letter petitioning the City of Shorewood to vacate the utility easement within the previously vacated right-of-way for Maple Street. The City Council adopted Resolution No. 17-79 on February 12, 1979, vacating the Maple Street right-of-way. That resolution, however, reserved in favor of the City a utility easement within the right-of-way. The Cub store is built on a portion of this utility easement. The City Engineer has tentatively determined there is no present or future need for this utility easement. The purpose of this memo is to request the Council to establish a public hearing to be set for December 8, 2003, to consider vacation of the City's interest of the utility easement within the previously vacated Maple Street right-of-way. 902670.\ #0A J .... 2800 LASALLE PLAZA 800 LASALLE AVENUE MlNNEAPOUS, MN 55402-2015 TEL: 612-349-8500 FAX: 612-339-4181 www.rkmc.com REBECCA M. LIETHEN (612) 349-8773 November 20, 2003 VIA EMAIL AND US MAIL Mr. Brad Nielsen City of Shorewood 5775 Country Club Road Shorewood, MN 55331 . Re: Vacation of Utility Easement Dear Brad: This letter confirms our petition on behalf of Shorewood Village Shopping Center, Inc. requesting the City of Shorewood to vacate the utility easement previously reserved in favor of the City of Shorewood on vacated Maple Street. Enclosed is a legal description of the easement along with a check in the amount of $300 made payable to the City of Shorewood. Best regards. . Please do not hesitate to contact us if you need any additional information. Sincerely, ROBINS, KAPLAN, MILLER & CIRESI L.L.P. Rebecca M. Liethen RMLlklg Enclosures ATLANTA BOSTON LOS ANGELES I MINNEAPOLIS I NAPLES ORANGE COUNTY SAINT PAUL WASHINGTON, CITY OF SHOREWOOD RESOLUTION NO. .03- RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ON MAPLE STREET WHEREAS, Notice of Public Hearing on the proposed vacation of certain drainage and utility easements on previously vacated public right-of-way of Maple Street in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior/Shorewood edition of the SUN'SAILOR NEWSPAPER on the 26th day of November and 4th days of December, 2003, and . WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 8th day of December, 2003, in the Council Chambers at the City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the drainage and utility easements described in Exhibit A, attached hereto and made a part hereof, be and hereby are vacated. BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2003. ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK :/J'A LEGAL DESCRIPTION An easement, reserved in favor of the City of Shorewood, in, upon, under and over that portion of Maple Street in the Plat of Linden Park, Hennepin Co., Minnesota lying east of the following described line: commencing at the northwest comer of Lot 13 said addition; thence in a northwesterly line of the southwest comer of said Lot 11 said addition, all of said street being in the south half of Section 34, Township 117, Range 23. Word 15101798.1 f<<~i b; t A ~ . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, NOVEBER 18, 2003 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:05 P.M. ROLL CALL Present: Chair Bailey; Commissioners Borkon, Gagne, Packard, Pisula, White and Woodruff; and Planning Director Nielsen Absent: Council Liaison Zerby . APPROVAL OF MINUTES · November 5, 2003 Borkon moved, White seconded, Approving the November 5, 2003, Planning Commission Meeting Minutes as presented. Motion passed 6/01, with Pisula abstaining due to absence at that meeting. 1. COUNTY ROAD 19 CORRIDOR STUDY . Director Nielsen explained the information shared for review this evening included a proposed "mini- Comprehensive Plan" for the County Road 19 Corridor area of the City. He then reviewed Corridor issues, such as Natural ResourceslEnvironment, Land Use, Transportation, and Community Facilities/Services associated with the County Road 19 project. The goals of the Study were to upgrade and improve all aspects (safety, convenience, and aesthetics) of the segment of County Road 19 that extended through Shorewood, between Tonka Bay and Excelsior, and to enhance the identity of Shorewood and the South Lake Minnetonka community by giving the County Road 19 corridor a sense of place as the northerly entrance or "gateway" into the community. The Corridor Plan included elements related to Gideon Glen and it historic monument, issues related to Land Use, such as billboards, potential plans for any redevelopment the Xcel Energy site might be interested in pursuing in the distant future, redevelopment of the Tonka Village Shopping Center, the Public Safety Facility Campus, Non- conforming Multiple-Family Use sites, "stranded Single-Family Residential sites, substandard parking lots, and landscaping throughout the entire corridor area. Transportation concerns were addressed as part of the County Road 19/5mithtown Road/Country Club Road intersection, pedestrian/bicycle circulation, as well as the Hennepin County Regional Railroad Authority (HCRRA) Trail. Commissioner Woodruff stated she was concerned the landscaping planned, as a critical underlying element throughout the Corridor Study, might potentially be lost due to lack of funding. She stated she believed it was imperative that the landscaping remain and various options considered for how to keep it as part of the Corridor Study plans should a lack of funding become a possibility. After review and discussion on the proposed plan for the County Road 19 Corridor, the Planning Commission agreed a trail through the Public Safety Facility should be proposed as part of the Plan, and support was demonstrated for moving the Gideon Glen monument to a site closer to the HCRRA trail for better vehicular and pedestrian viewing. Director Nielsen stated he would consult the Excelsior Historical Society regarding the monument and its history. PLANNING COMMISSION MEETING MINUTES November 18,2003 Page 2 of2 Commissioner Gagne stated he was a bit apprehensive regarding the cost for undergrounding utilities as part of this project when it would only be affecting a few blocks and then the utilities would be overhead again in neighboring municipalities. Commissioner Borkon stated she thought it important as it was part of the City's Comprehensive Plan, and it was important to be able to tackle the issue in small pieces when available to accomplish undergrounding as a goal. 2. REVIEW COMPREHENSIVE PLAN CHAPTERS Director Nielsen briefly reviewed the proposed Comprehensive Plan Chapter Summaries. Discussion ensued regarding the need to leave items in the summaries that had been, or were nearing, completion. Director Nielsen stated he thought it imperative to have these items remain as it explained the rationale for decisions made in the past to the future Commissions and Council of the future. The Commission also suggested items pending or needing monitoring be designated symbolically throughout the proposed summaries. The Commission agreed to review these Chapter Summaries in further detail and return this item to the December 2, 2003, Planning Commission Meeting for further discussion. 3. MATTERS FROM THE FLOOR . There were no matters from the floor presented this evening. 4. DRAFT NEXT MEETING AGENDA Director Nielsen stated the County Road 19 Corridor Study, Comprehensive Plan Chapter Summary Review, as well as Public Hearings for Development Stage Plans for the Barrington PUD and continuation of a request for a Conditional Use Permit for a Commercial Office Building, were slated for the December 2, 2003, Planning Commission Meeting Agenda. 5. REPORTS · Liaison to Council Commissioner Borkon reported on matters considered and actions taken at the November 10, 2003 Regular City Council Meeting (as detailed in the minutes of that meeting). . · SLUC No report was given. Director Nielsen noted George Latimer would be the speaker for the Sensible Land Use Coalition Seminar at the Doubletree Park Place Hotel from 11:20-1:30 P.M on December 10,2003. · Other No other business was presented this evening. 6. ADJOURNMENT Woodruff moved, Packard seconded, Adjourning the Planning Commission Meeting of November 18,2003, at 8:38 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED. Sally Keefe Recording Secretary . . . ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 .www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM Date: December 3, 2003 To: ~ Honorable Mayor and City Council Members~1 ~ Bonnie Burton, Finance Director/Treasurer f:..JP'" Craig Dawson, City Administrator C1) 2004 Budget and Finance Resolutions From: Re: Several budget and finance resolutions are attached for your review and approval. They represent the culmination of many months of finance and budget work by the staff and council. Resolution Adopting the 2004 Budget and Tax Levy On September 8, 2003, the City Council approved the Proposed 2004 Budget, which was subsequently certified to Hennepin County. The Truth-In-Taxation Public Hearing for the Proposed 2004 budget and tax levy was then held on December 1,2003. Now the City Council is asked to adopt the attached proposed resolution, which approves a final 2004 Budget and 2003/2004 Tax Levy. The levy must be certified to the County Auditor by December 29, 2003. Resolution Adjusting the 2004 Pay Ranges and Providing for Insurance Contribution The 2004 budget process included adjustments to City employee salary ranges and the City's contribution toward the employee insurance plan. The salary schedule provides for a 1.5% increase in January and a 1.5% increase in July. Medical rates increased by 18%, therefore the City's 2004 monthly insurance contribution per employee has been budgeted at $600 per month for 2004. The attached proposed resolution approves these pay plan adjustments and sets the City's insurance contribution at $600 per month per employee. If adopted, the changes will be effective January 1,2004. n ~.1 PRINTED ON RECYCLED PAPER #qf/-~ . 2004 Budget Memo to Council Page 2 of 2 Resolution Authorizing Interfund Transfers The City Council budgeted for transfer of monies to and from various funds for capital improvements and other purposes in the 2003 Operating and Capital Improvement Budgets. The attached resolution authorizes the transfer of funds as described. RECOMMENDATION: The Shorewood City Council is requested to adopt the proposed resolutions as described. . . . . CITY OF SHOREWOOD RESOLUTION NO. 03- A RESOLUTION ADOPTING THE 2004 BUDGETS AND APPROVING THE 2003 PROPERTY TAX LEVY COLLECTffiLE IN 2004 WHEREAS, the 2004 Budget and 2003 property tax levies collectible in 2004 for the City of Shorewood have been prepared and reviewed by the City Council; and, WHEREAS, the City Council held a Truth-In-Taxation meeting on December 1, 2003, to receive public comment regarding the adoption of such budgets and property tax levies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the following budgets are adopted for the year 2004: General Fund Liquor Funds - (Combined) Water Fund - Operating and Debt Service Sewer Fund Recycling Fund Stormwater Management Fund $3,921,947 512,107 1,703,694 964,162 117,480 360,876 2. That the following sums be levied for 2003, collectible in 2004, upon taxable property in the City of Shorewood for the following purposes: General Fund Operations Levy Special Levy Total General Fund Levy $2,907,997 512.232 $3.420.229 3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR Jtq 11 . . CITY OF SHOREWOOD RESOLUTION NO. 03- A RESOLUTION REVISING THE CITY'S WAGE AND SALARY RANGE CHART FOR 2004 AND SETTING THE MONTHLY EMPLOYER CONTRIBUTION TOWARD THE MONTHLY INSURANCE PREMIUM FOR CITY EMPLOYEES WHEREAS, the City Council has established the current salary and wage range chart and the current monthly contribution toward the monthly insurance premium for City employees by prior years' resolutions; WHEREAS, it is the intention of the City Council to, from time to time, revise such salary and wage range chart and monthly contibution towards monthly insurance premiums for City employees within the parameters of State Statutes. NOW, THEREFORE, BE IT RESOLVED that: 1. The City of Shorewood's Salary and Wage Range Chart is hereby revised for the year 2004 as listed on Exhibit A, attached to and hereby made a part of this resolution. 2. The City's contribution toward the monthly insurance premiums for City non-contract employees is hereby set at $600 per month for the year 2004. BE IT FURTHER RESOLVED that this resolution shall be effective January 1, 2004. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 8th day of December, 2003. ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR dF98 A D E J L 178 EXHIBIT A 179 CITY OF SHOREWOOD 180 PAY PLAN /PAY RANGES -1.5% COLA 181 1/1/2004 182 183 184 Stability Pay 185 3% Steps 1.5% Steps 186 -Comp 1 2 3 4 5 6 7 8 9 10 187 Position wonn tits Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years 10 Years 15 Years 20 Years 188 Administrator 1062 65,224 67,241 69,320 71,465 73,675 75,953 78,303 79,478 80,670 81,879 189 Engineer/PW Director 1030 63,399 65,359 67,380 69,464 71,612 73,827 76,111 77 ,253 78,412 79,588 190 Finance Director 1025 63,002 64,951 66,959 69,030 71,165 73,366 75,636 76,769 77,921 79,090 191 Planning Director 923 59,039 60,865 62,748 64,689 66,689 68,752 70,878 71,942 73,021 74,116 192 Supv. PW Ops & Maint. 894 47,086 48,542 50,043 51,591 53,187 54,832 56,528 57,376 58,236 59,109 193 Liquor Ops Mgr 876 46,558 47,999 49,483 51,013 52,591 54,217 55,894 56,732 57,583 58,447 194 Building Official 815 46,261 47,692 49,167 50,687 52,255 53,871 55,538 56,370 57,215 58,075 195 EngineerTechnician 800 46,144 47,528 48,954 50,423 51,936 53,494 55,098 55,925 56,764 57,615 196 Exe See/Deputy Clerk 780 45,567 46,977 48,429 49,928 51,472 53,063 54,705 55,526 56,358 57,203 197 Planning AsstlWeb Dev-a) 704 40,812 42,075 43,377 44,718 46,101 47,526 48,996 49,731 50,477 51 ,234 198 Sr Acct Clerk 569 36,553 37,683 38,849 40,051 41 ,289 42,566 43,883 44,541 45,209 45,887 199 Utility Lead Worker 39,986 41,464 42,921 44,399 45,855 47,333 48,790 0 0 0 200 Utility Operator 550 37,685 38,973 40,282 41,570 42,878 44,209 45,475 0 0 0 201 Light Equip Operator-b) 536 35,574 36,862 38,170 39,458 40,767 42,097 43,364 0 0 0 202 Liquor Mgr a) 534 30,914 31,871 32,857 33,873 34,920 36,006 37,122 37,678 38,244 38,817 203 Secretary (Twila) 517 32,194 33,190 34,217 35,275 36,366 37,491 38,650 39,230 39,818 40,416 204 Communications Tech 501 30,928 31,884 32,870 33,887 34,935 36,016 37,130 37,687 38,251 38,825 205 Recep/Secr (Pat) 497 29,718 30,637 31,585 32,561 33,569 34,607 35,677 36,212 36,755 37,306 206 Accounting Clerk 475 28,065 28,907 29,774 30,667 31,587 32,535 33,511 34,014 34,524 35,042 207 Clerical 435 25,323 26,105 26,913 27,746 28,604 29,488 30,400 30,856 31,320 31,789 208 FIT Liquor Clerk II 430 24,152 24,876 25,623 26,391 27,183 27,999 28,838 29,271 29,710 30,156 209 FIT Liquor Clerk (Lead Clerk) 425 21,956 22,615 23,293 23,992 24,712 25,453 26,217 26,610 27,009 27,414 210 PIT Li uor Clerk 416 18,461 19,032 19,620 20,228 20,853 21,498 22,162 22,495 22,833 23,175 . . City of Shorewood 12/3/03 . . A D E J L 245 EXHIBIT A 246 CITY OF SHOREWOOD 247 PAY PLAN /PAY RANGES -1.5% COLA 248 7/1/2004 249 250 251 Stability Pay 252 3% Steps 1.5% Steps 253 l,;omp 1 2 3 4 5 6 7 8 9 10 254 Position wonn tits Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years 10 Years 15 Years 20 Years 255 Administrator 1062 66,202 68,249 70,360 72,537 74,780 77 ,092 79,478 80,670 81,880 83,108 256 Engineer/PW Director 1030 64,350 66,339 68,391 70,506 72,687 74,935 77 ,253 78,412 79,588 80,781 257 Finance Director 1025 63,947 65,925 67,964 70,066 72,233 74,466 76,770 77,921 79,090 80,276 258 Planning Director 923 59,925 61,778 63,689 65,659 67,690 69,784 71,942 73,021 74,116 75,228 259 Supervisor 0 & M 894 47,792 49,271 50,794 52,365 53,984 55,655 57,376 58,236 59,110 59,996 260 Liquor Ops Mgr 876 47,257 48,719 50,225 51,779 53,380 55,030 56,732 57,583 58,447 59,324 261 Building Official 815 46,954 48,407 49,904 51 ,447 53,039 54,679 56,371 57,216 58,074 58,946 262 EngineerTechnician 800 46,836 48,241 49,689 51,179 52,715 54,296 55,925 56,764 57,615 58,479 263 Exe See/Deputy Clerk 780 46,251 47,682 49,156 50,677 52,244 53,859 55,525 56,358 57,204 58,061 264 Planning Asst-a) 704 41 ,424 42,706 44,027 45,389 46,793 48,239 49,731 50,477 51,234 52,003 265 Sr Acct Clerk 569 37,101 38,248 39,432 40,652 41,908 43,204 44,541 45,209 45,887 46,575 266 Utility Lead Worker Pending 40,586 42,086 43,565 45,065 46,543 48,043 49,522 0 0 0 267 Utility Operator 550 38,250 39,557 40,886 42,193 43,522 44,872 46,157 0 0 0 268 Light Equip Operator-b) 536 36,107 37,414 38,743 40,050 41 ,379 42,729 44,015 0 0 0 269 Liquor Mgr 534 31,378 32,349 33,350 34,381 35,444 36,546 37,679 38,243 38,817 39,399 270 Secretary (Twila) 517 32,677 33,688 34,730 35,804 36,911 38,053 39,230 39,819 40,415 41,022 271 Communications Tech 501 31,392 32,363 33,364 34,395 35,459 36,556 37,686 38,252 38,825 39,407 272 Recep/Secr (Pat) 497 30,164 31,097 32,058 33,050 34,072 35,126 36,212 36,755 37,306 37,866 273 Accounting Clerk 475 28,486 29,340 30,221 31,127 32,061 33,023 34,014 34,524 35,042 35,567 274 Clerical 435 25,703 26,497 27,317 28,162 29,033 29,931 30,856 31,319 31,790 32,266 275 FIT Liquor Clerk II 430 24,514 25,249 26,007 26,787 27,591 28,418 29,271 29,710 30,156 30,608 276 FIT Liquor Clerk (Lead Clerk) 425 22,285 22,954 23,643 24,352 25,083 25,835 26,610 27,009 27,414 27,826 277 Li uor Clerk 416 18,738 19,318 19,914 20,531 21,166 21,820 22,495 22,833 23,175 23,523 City of Shorewood 12/3/03 CITY OF SHOREWOOD RESOLUTION NO. 03- A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the City Council has levied for, and budgeted the transfer of monies for capital improvements and purchases in its 2003 General and Capital Budgets. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the following amounts are hereby authorized to be transferred between the following funds: . TRANSFER FROM General Fund General Fund General Fund General Fund General Fund Stormwater Management Liquor Fund 1993 Improvements (#302) . TRANSFER TO Equipment Replacement Fund Street Reconstruction Fund Public Facilities Fund Stormwater Mgmt Fund Park Capital Improvement Fund Sewer Fund (for debt service) General Fund 1991 Improvements (#301) AMOUNT $70,000 200,000 35,000 30,000 30,000 30,000 30,000 37,500 (or as needed to close fund #301) ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2003. ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR 1f;QC CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM Date: December 4, 2003 . To: Honorable Mayor and City Council Members(l ._ Bonnie Burton, Finance Director/Treasurer ~ From: Re: 2004 Water Rate Changes cc: Craig Dawson, City Administrator During the Enterprise Budget work-session, the City Council concurred with a Water rate increase for 2004. The proposed 2004 rate change is summarized as follows: . Water rates will increase gradually over a three-year period. The base rate for 2004 would change from $25 to $30. The first 10,000 gallons usage is included in this base rate. The rate for 10,000-50,000 gallons usage would increase from $1.95 to $2.95 per thousand gallons. For usage greater than 50,000 gallons per quarter, the rate would change from 2.75 to $3.75 per thousand. The quarterly cost for an average household that uses 30,000 gallons will be about $89.00. Recommended Action: ' Staff recommends approval of the proposed resolution changing water rates effective January 1, 2004. ft ~~ PRINTED ON RECYCLED PAPER :;j:/-q'j) CITY OF SHOREWOOD RESOLUTION NO. 03- A RESOLUTION SETTING LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES WHEREAS, the fees that residents shall pay to the city for the licenses, permits, services charges and miscellaneous fees shall be determined from time to time by the Shorewood City Council; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that certain fees are set as follows: Descriotion New Fee Reference Water Service $30.oo/qtr 1st 10,000 gallons; plus $ 2.95/1,000 gallons in excess of 10,000 gallons up to 50,000 gallons; and 3.75 per 1,000 gallons in excess of 50,000 gallons per quarter. 903.09.1a " ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR . . It.:,} . . ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator ,.1\. December 4,2003 V.f,...) Recommendation(s) of Appointment to MCWD The terms of three positions on the Board of Managers of the Minnehaha Creek Watershed District (MCWD) are expiring on March 8,2004. Six of the managers are appointed by the Hennepin County Board of Commissioners, and one is appointed by the Carver County Board of Commissioners. Two of the positions expiring in 2004 are in Hennepin County. Minnesota Statutes 103D.311 discusses the procedure for appointments to watershed boards; Subdivision 3 relates to districts within the metropolitan area. "(a) ... If a district is wholly within the metropolitan area, the county commissioners shall ~ppoint the managers from a list of persons nominated jointly or severally by the towns and municipalities within the district. The list must contain at least three nominees for each manager's position to be filled. The list must be submitted to the county boards affected by the watershed district at least 60 days before the manager's term of office expires. ... "(b) If the list is not submitted 60 days before the managers' terms of office expire, the county commissioners must appoint the managers from eligible persons residing in the watershed district. "(c) Managers of a watershed district entirely within the metropolitan must be appointed to fairly represent the various hydrologic areas within the watershed district by residence of the manager appointed. " Accordingly, the City Council may submit the names of residents it would like to have appointed to the watershed board. The County Board must consider names submitted to it by January 8; the County Board has discretion about the weight it gives to any names forwarded after that date. The City Council's first meeting in 2004 is on January 12. Current Status: The terms of Hennepin County residents Jim Calkins and Monica Gross are expiring in March 2004. Both managers are expected to seek reappointment. ... \..1 PRINTED ON RECYCLED PAPER #91:::- 2 RECOMMENDATION: No information has been received from persons wishing to be appointed to the MCWD Board. A Resolution for appointment, with the nominee's name left blank, has been drafted for Council consideration. . If the Council decides to nominate this evening, it is recommended that the Council adopt the resolution regarding appointment(s) to the MCWD Board of Managers. . If the Council decides not to nominate this evening, it is recommended that the Council continue this item to the January 12, 2004, meeting. ",. . . . t . . .. CITY OF SHOREWOOD RESOLUTION NO. 03- A RESOLUTION SUPPORTING APPOINTMENT OF AND TO THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS WHEREAS, the City of Shore wood lies partially within the Minnehaha Creek Watershed District (MCWD); and WHEREAS, the Shorewood City Council has considered several persons residing within the MCWD for nomination to the MCWD Board of Managers; and WHEREAS, the Shorewood City Council recognizes the value of by highly competent persons who are committed to maintaining good working relationships with other units of government; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Shore wood hereby supports the appointment of and by the Hennepin County Board of Commissioners to the MCWD Board of Managers for three-year terms. 2003. ADOPTED by the City Council of the City of Shorewood this 8th day of December, WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK - '" . . ~.> ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.u$' cityhall@cLshorewood.mn.u$ MEMORANDUM TO: FROM: DATE: SUBJECT: City Council 0t> Craig W. Dawson, City Administrator December 4, 2003 Agreement for Prosecution Services The City Council considered a proposal by Kenneth N. Potts, P .A., to continue prosecution services for Shorewood in 2004. Mr. Potts has requested a $100 increase in his monthly fee; his annual fee would rise to $20,500. Council requested that Mr. Potts provide additional information regarding the scope and amount of service he has rendered as City Prosecutor. Mr. Potts's report is attached. His annual fee--$19,000-has remained constant for the past four years (2000-2003). His hours of service have increased steadily, from 305.2 in 2000 to a projected 345 in 2003. His resulting hourly rate has decreased from $63 in 2000 to $56 in 2003. IfMr, Potts were to render 345 hours of service in 2004, his hourly rate would be approximately $59.50. Mr. Potts shows the rates of other prosecutors in neighboring cities in his report. Mr. Potts also explains how the amount of time required for his services is increasing. As noted in my memorandum for the last Council meeting, the cities of Shorewood, Tonka Bay, and Excelsior have retained Mr. Potts's services under separate contracts for some time. This arrangement has provided efficiency to SLMPD officers' time in the preparation of cases and at court, and has also made for economy to the three cities for prosecutor costs. It would be prudent business practice for the cities to evaluate this arrangement during 2004 and to consider the solicitation of prosecutor services for 2005. RECOMMENDATION: Staff recommends that the City Council accept and approve the continuation of prosecution services per the November 12,2003, letter from Kenneth N. Potts, P.A.. :#<1F n ,"".1 PRINTED ON RECYCLED PAPER ~ KENNETH N. POTTS, P.A. Attorney at Law 5101 Thimsen Avenue Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE (952) 474-4240 TELECOPIER (952) 474-0987 December 1, 2003 DEe 2 2003 Mr. Craig Dawson City Administrator City of Shorewood 5775 Country Club Road Shorewood, MN 55331 Re: Prosecution Services . Dear Mr. Dawson: You requested that I provide documentation in regard to the time spent on Shorewood prosecutions. I enclose a compilation of the hours I have spent on Shorewood prosecutions for the years 2000 to 2003. I handle all petty misdemeanor, misdemeanor and gross misdemeanor cases. Anytime an officer writes a petty misdemeanor citation and the person disputes it, a court appearance is required. All misdemeanor and gross misdemeanor cases require court appearances. No case can be settled out of court because it is a criminal case requiring a court appearance. Drunk driving and Domestic Assault cases are the most time consummg. There are two major reasons for the increase in hours for 2002 and 2003. In 2002 . the Hennepin County District court decided to provide only one judge to hear cases at Ridgedale. Since I started prosecuting in 1992 there always have been two judges. This requires longer hours at the court house. The court also instituted changes in DWI administration that requires more hearings at the Hennepin County Government Center. In a DWl case there are two proceedings. The criminal charge, which I handle, and the license revocation hearing which the Attorney General's office handles. The Henepin County District Court has mandated that the criminal case be completed before the license revocation hearing be scheduled. What this means is that issues normally litigated by the Attorney General's office are now being litigated by my office. This coupled with the fact that these hearings are scheduled downtown has increased my hours considerably. Also, please note that I do not bill the City for mileage and parking and that expense must be absorbed by the contract rate. .. Furthermore, repeat DWI defendants face significant penalties including extensive jail time along with vehicle forfeiture. As a result, they hire highly skilled attorneys who practice exclusively in defending DWI defendants. There are more contested hearings as a result. During the past year, I won an appeal to the Minnesota Court of Appeals in regard to a Shorewood DWI case and did not charge the City any extra fees in pursing this appeal. Please note that the legal limit in Minnesota is .10 and the legislature is sure to pass a law in 2004 lowering that limit to .08. This will also increase the hours I spend in the upcoming years because people charged with DWI with low readings will be loath to plead guilty and this will require more hearings. Listed below are the charges for prosecutions services for some cities in the Western Hennepin County Suburbs: . Minnetrista $35,839.00 Deephaven $27,540.00 Long Lake $25,000.00 Wayzata ($85.00 per hour) Medina ($98.50 per hour) Please note that in regard to Minnetrista, Deephaven and Long Lake, there is more prosecution activity in Shorewood than in those cities. If you would like documentation of that fact let me know and I can secure the appropriate documentation. . If you have any questions or comments or would like me to meet with the council personally please let me know. z:;tL~ Kenneth N. Potts KNP/sb ENCLSOURES " SHOREWOOD PROSECUTIONS YEAR HOURS CONTRACT HOURLY RATE 2000 305.2 $19,300.00 $63.00 per hour 2001 308.4 $19,300.00 $62.00 per hour 2002 341.75 $19,300.00 $56.00 per hour 2003 345 (projected) $19,300.00 $56.00 per hour . . . . ... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council " l\ Craig W. Dawson, City Administrator Q1) November 19,2003 Agreement for Prosecution Services The City of Shorewood has retained Kenneth N. Potts for prosecution services for several years. The most recent agreement, in effect for 2002"2003, will be expiring. Mr. Potts has proposed continuation of services for an additional $1 DO/month. The annual fee would thus increase from $19,300 to $20,500. This proposed increase would be the first in four years. Mr. Potts has also proposed to continue to provide services regarding DWI/forfeitures of vehicles. Mr. Potts prosecutes on behalf of three of the four cities in the SLMPD. He also serves as the general counsel for the SLMPD. The SLMPD staff is very pleased with Mr. Potts's service in prosecuting cases, and is very supportive of his continuing service as Shorewood's prosecutor. Financial Considerations: The proposed fees would accommodated within the amount for the professional services program in the City's proposed 2004 budget. Duration of Agreement: Staff believes that it would be appropriate to continue the services of Mr. Potts for 2004. The cities of Shorewood, T onka Bay, and Excelsior have retained Mr. Potts's services under separate contracts for some time. This arrangement provided efficiency to SLMPD officers' time in the preparation of cases and at court, and has also made for economy to the cities for prosecutor costs. It would be prudent business practice for the cities to evaluate this arrangement during 2004 and to consider the solicitation of prosecutor services for 2005. RECOMMENDATION: Staff recommends that the City Council accept and approve the continuation of prosecution services per the November 12,2003, letter from Kenneth N. Potts, P.A.. ! { ." '\ V n '-: PRINTED ON RECYCLED PAPER KENNETH N. POTTS, P.A. Attorney at Law 5101 Thimsen Avenue Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE (952) 474-4240 TELECOPIER (952) 474-0987 November 12,2003 Mr. Craig Dawson City Administrator NOV 1 3 2003 City of Shorewood 5775 Country Club Road Shorewood, MN 55331 Re: Prosecution Services Dear Mr. Dawson: As I indicated to you last week, I would be proposing an increase for my prosecution services of $1 00.00 per month or $1,200.00 per year. The reason for this increase is based upon a number of factors. The first being that the hours have substantially increased because of the number of policies instituted by the Chief Judge of the Hennepin County District Courts. Approximately a year and a half ago the courts instituted a policy of allowing only one judge at Ridgedale. This has required more court appearances and also the calendars are now lengthy and require my presence for longer periods of time at court. Furthermore, the court instituted policy that all jury trials for the most part are scheduled downtown when the case cannot be settled. This has increased the number of hours I spend downtown Minneapolis at the Hennepin County Government Center. Also, this is the first increase that I have requested in four years. Finally, I enclose the Joint Powers of Agreement for Prosecution Services for Minnetrista and St. Bonifacius. The level of prosecution activity in Minnetrista is less than that of Shorewood. That prosecutor received $35,839.00 per year. If you have any questions concerning this increase and my rationale for it, please contact me. Sin, Cere,IY' , , .n1JA,,, ~~J Kenneth N. Potts KNP/sb Enclosure ... . . . . JOINT POWERS AGREEMENT FOR PROSECUTION SERVICES This agreement is between the City of Minnetonka ("Minnetonka") and the Cities of Minnetrista and St. Bonifacius (sometimes collectively referred to as "Cities"), all of which are Minnesota municipal corporations with the power to cooperatively exercise municipal powers pursuant to "'inn. stat. ~71.59. 1. Purpose. Each of the Cities and Minnetonka have the power and responsibility to prosecute criminal matters within their respective jurisdictions. They wish to provide for the exercise of such prosecutorial powers by Minnetonka on behalf of the Cities. 2. Provisio,. of Services. Minnetonka will provide all of the personnel, office space. and supplies mecessary to prosecute the criminal offenses for which the Cities are responsible, including enforcement of the Cities' codes of ordinances. In addition, Minnetonka will pro*te legal advice and training regarding aiminal law to the Cities' departments which have law enforcement and code enforcement duties. All personnel providing these serYices will be Minnetonka employees, and Minnetonka will be responsible for aU employment matters related to these employees, including employee beneflls, workers' compensation. and unemployment compensation. When hiring any attorney to pert ann these services, Minnetonka win include a representative from each of the Cities, at their o.ption, in the interviews of the finalist candidates. On occasion, Minnetonka may subcontract for assistance from attorneys who are not Minnetonka employees. Minnetonka will provide the identities of these individuals in advance to the Cities. Personne' provided will consult with the Cities' elected and appointed officials regarding policy and guidelines. 3. Fees. The Cities will pay the following fees to Minnetonka: Minnetrista st. Bonlfacius $35,389 $14,483 The fees will be paid in advance, on a quarterly basis beginning December 31. 2002. The fees will be for aft of the services described in paragraph 2, except that each City wiD be responsible for the fOllowing: a. All costs of any appeal, excluding Minnetonka personnel costs. Before pursuing any such appeal, Minnetonka must receive approval from the City Administrator or City Clerk of the affected City. 1 .. ( b. All costs in excess of $100 per case for retaining an outside attorney because a matter invotves a City official, employee, Of member of their immediate family. c. All costs for service of subpoenas in excess of the following amounts: Minnetrista St. Bonifacius $510 per year $180 per year 4. Term. This agreement will begin January 1, 2003, and conclude December 31,2003. 5. Termination. Any of the Cities may terminate this agreement if Minnetonka fails to perform the services provided in paragraph 2 above by giving 60 days advance written notice of termimation to all of the other parties. Each City wiD not be responsible for paying fees during any time that Minnetonka fails to provide it the required services. Minnetonka may tenninate the agreement if any of the Cities fails to pay the fees due within 60 days after Nlnnetonka notifies the City in writing, with a copy to the other Cities, of the delinquent payment. At Minnetonka's option, termination by any party voids the . agreement as to all parties, upon 60 days advance written notice from Minnetonka. 6. Renegoliafion. After July 1. 2003, the parties will analyze the fees to determine if they accurately reflect the costs incurred by Minnetonka in providing prosecution serviCes to the Cities and are appropriately allocated between the Cities. The parties agree to negdliate in gocxJ faith a potential extension of this agreement with or without a revision in the fee structure. . 7. Exchange of Dllta. The Cities will provide all information, data, and reports necessary for the prosecution services, including police reports and arrest records, to Minnetonka without charge. The parties will cooperate with each other in every way possible to assist in the provision of these prosecution services. 8. Confidentiality. Minnetonka will maintain the confidentiality and privacy of documents which the Cities provide, in accordance with the Minnesota Data Practices Ad. . 9. Indemnity. Minnetonka will indemnify and defend each of the Cities against aU claims arising out of Minnetonka"s perfonnance of the services specified in paragraph 2 above. 10. Insurance. Minnetonka will obtain professional liability insurance to cover each of the Minnetonka emp10yees providing the services under this agreement. 11. Amendment This agreement may be amended only in writing signed by.all of the parties. 2 . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 4 December 2003 RE: Nelson, Dan and Melissa - Permit for Private Driveway in Public R.O.W. FILE NO.: Property(25865 Birch Bluff Road) Dan and Melissa Nelson have a purchase agreement to buy a five-acre parcel of land, located in the southwest quadrant of Second Street and Clara Avenue, south of Birch Bluff Road (see Site Location map - Exhibit A, attached). Both Second and Clara are "paper streetsU - platted public rights.:.of-way that have never been developed as traveled roadways. The Nelsons have requested a permit to extend a private driveway to the property, using the Second Street r.o.w. The property in question is characterized by rugged terrain, varying in elevation from 980 feet in the northwest comer of the site, down to a wetland with an elevation of934 in the southeast comer of the site (see Exhibit B). The site is heavily wooded. The most logical place for a building pad is the north/center part of the lot. The Second Street r.o.w. is quite narrow, only 22 feet in width. There are existing homes on the two properties that abut Second Street, the driveways of which are very close to the Second Street r.o.w. At staffs direction, the Nelsons have had had some survey work done on the r.o.woo As can be seen on Exhibit C, there is already some encroachment on the r.o.W. by the two adjoining properties. The property at 25885 Birch Bluff Road has a retaining wall that comes onto the r.o.w., and the driveway for 25845 Birch Bluff Road arches into the r.o.w. by approximately five feet. #.. '.J PRINTED ON RECYCLED PAPER ~q4 . . Memorandum Re: Nelson R.O.W. Permit 4 December 2003 Besides the narrow right-of-way, access to the property is complicated by topography. It is worth noting that the City studied this area a number of years ago, examining how this property and the two parcels on either side of it might be accessed in the future. Alternatives considered were: 1) a road coming in off of Third Street (another "paper street" to the west; 2) the second street option; and 3) a road extending in from Eureka Road along Clara Avenue. Despite the issues inherent to Second Street, it currently appears to be the most viable option. Before the Citytakesany formal action on this request, more information is necessary. Staff recommends that the applicants prepare a detailed grading plan, illustrating how the. driveway would be constructed within the r,o.w., including the design details of any retaining walls that may be necessary to construct the driveway. There is inadequate room to construct a 20-foot driveway to satisfy fire access requirements. As a consequence, any home of the site will have to have a sprinkler system. The proposed driveway design should show a minimum of 12 feet of paved surface, with 16-foot wide pull-outs in strategic locations to facilitate two cars passing one another. The plan should also show how the site can be serviced with sanitary sewer. The applicants are anticipating the use of a lift pump. It should be mentioned that the applicants were advised to contact the owner of the property to the east of Second Street to see if she might be willing to sell an easement over a portion of her existing driveway. This would eliminate some tree removal and there would not then be three driveways in very close proximity to one another. To-date, that owner has expressed no interest in a shared driveway. Understandably, the Nelsons do not wish to spend a great deal more money on engineering without some assurance from the City that Second Street could be used. This item has been scheduled for Council review on 8 DecemQer. Due to its potential impact on the two adjoining properties, those owners have been advised of the request. If you have any questions relative to this matter, please do not hesitate to contact me by phone or e-mail. Cc: Craig Dawson Larry Brown Tim Keane Dan and Melissa Nelson Carrie Dorfman Greg Buckley -2- - -Ji':'- - --- ,",:8 .~ -z. :.. ,. 't- o , , . . . . . . . I~ i <: ! 0 ~~ : , ~< . ,... l . . at X. !~ 1--1 ...,;:. J" ...'<l" ,.., CD ~.... N 9"'" <l: ::t: .nU ~O:: o (9'29 !"I1i1nt\.II.lNI~~~ "-'" o ~ ....cn ....0- ll...J , N' 01 U"I I N , -, . , osz -~I - -< .... o ..J .... S ..""~ .:. ... 0('\. ",': .... ~~ . 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