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112403 CC Reg AgP ! ~, < " ., CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 24, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Garfunkel_ Liz6e _ Zerby _ Turgeon _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, November 3, 2003 (Att- Minutes) B. City Council Regular Meeting Minutes, November 10,2003 (Att.- Minutes) C. City Council Joint Work Session Minutes, November 13, 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 remove,J,from the Consent Agenda. Comments can be taken or questions asked foUowing removal from Consent Agenda. A. Approval of the Verified Oaims List (Att.- Claims List) B. Insurance Renewals - Property and Liability (Att. - Finance Director's memorandum) C. No Parking Signs on Srnithtown Road (AU. - Public Works Director's memorandum, Draft Resolution) D. Approval of the Prosecuting Attorney 2004 Contract for Services (Att. - Administrator's memorandum) E. Amendment to the Water Tower Lease Agreement for AT&T -Minnewashta (Att.- Planning Director's memorandum) F. Award quotes for LED Conversion (Att.- Public Works Director's memorandum. Draft Resolution) G. Set the Public Hearing date for easement vacation on Maple Street (Att. City Attorney's memorandum) 'lio. CITY COUNCIL AGENDA - NOVEMBER 24,2003 PAGE20F2 H. Staffmg - Part-time Liquor Clerks (Att. - Finance DirectorlLiquor Operations Manager's memorandum) 4. MATTERS FROM THE FWOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS A. Report on Park Commission Meeting Held November 12, 2003 8. PLANNING - Report by Representative A. Minor Subdivision/Combination (Att. - Planning Director's memorandum) Applicant: Schwarz Builders, Inc. Location: 24140 Yellowstone Trail B. Minor Subdivision/Combination (Att. -Planning Director's memorandum) Applicant: Kay Triden Location: 4975 Kensington Gate 9. GENERAUNEW BUSINESS A. South Lake Minnetonka Police Department 2004 Operating Budget (Att - Administrator's memorandum, Draft Resolution) B. Resident Complaint regarding Public Safety Facility (Att. - Administrator's memorandum) 10. ENGINEERlNGIPUBLIC WORKS A. Vacate Right-of-Way Property (Att. - Public Works Director's memorandum. Draft Resolution) Applicant: James Marso Location: 5495 Wedgewood Drive 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection 2. Public Safety Facilities 3. Gideon Glen (Atl. -Administrator's memorandum) B. Mayor & City Council 12. ADJOURN CITY OF SHOREWOOD CITY COUNCIL MEETING NOVEMBER 24, 2003 PUBLIC SIGN-IN SHEET For the record, please nrint your name and address below. Thank you. Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. . CITY OF SHOREWOOI) mrz- AQ~~ P4aarr ~ ( 5755 COUNTRY GLUB ROAP- $HOREWOOD;MINNE$OTA 55331-8927 - (952J474-3236 FAX.(952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn'l!s MEl\fORANDUM TO: FROM: DATE: SUBJECT: City Council ^ k CraigW. Da",,:son, City Administratox. GV November 24, 2003 .. . Informational Items -Item llAon Tonight's Agenda 1) Update on CR 19 Intersection;Project (Item llAl) r At its last meeting, Council requested arrupdate from Jim Grube; Hennepin County Director of Transportation, on the intersection project. As most of the matters of interest to the Council involved property acquisition and the demolition of the liquor store, Mr. Grube nadBradMoe, Right-of-Way Manager,respond~ . . Regarding the negotiations with'fonka Village Shopping Center1l,Cquisition: County staff's "las(contact was on 09.08.03 when he indicated to Mr. Kirklan,d that they should get together after the upd.ated right,.of-way plans were provided" to the County by its. consultant O'VSB). The plans ~eredue to Hennepin County's right-of-way office by / November 15; it h,!s not yet received the plans, but wovldbe checking withWSB ''today'" (November 20) on the status. . Regarding the liql},or store: . Environmental abatement of asbestos has been completed. . Xc'eJ. Enet;gy meter has ~en disconnected. . CenterPoint Energy meter should. be removed the week of November 24 or December 1. . The City of TonkaBay is having difficulty locating the water servicesnut-o:tIvalve; apparently the lin~ comes from the shopping center. ." .. . The CountY has contracted to disconnect thewat~r and sewer connections. The sewer line is likely connected directly to the Metro sanitary sewer line. . Waiver ofdemolitiQll Or utility disconnect fees requires actiQn by the Tonk.aBay City Counci1., Consideration is scheduled for its Np'iernber25 meeting. . . County.operations crews will be scheciuled to demolish the building after alFdisconnects have been 111ad~. n / ~J PRINTED ONRECYCL.ED PARER { Informational Memo to City Council November 24, 2003, Council Meeting Page Two 2) Nominations to Minnehaha Creek Watershed District Board of Managers As Council may recall from the process over the past few years, state statute requires the County Board to consider nominations to the board of a watershed district if the nominations are made at least 60 days prior to the expiration of a term. The Council may make nominations within 60 days of the end of a term, but the County Board is not required to act on them. Two MCWD terms are expiring on March 8, 2004: James Calkins and Monica Gross. In order for the Council to make nominations more than 60 days before the end of their terms, Council would need to take action at the December 8 Council meeting. This matter will be placed on the agenda for the Council's meeting on December 8. Council may wish to continue the matter, or decide not to make nominations. 3) Preliminary Information from Assessor's Office; Changes for Board of Review Tom May, Bob Hanscomb, and Bill Davy stopped by today to share preliminary information from the work of the Hennepin County Assessor's Office in Shorewood. The average changes in market value by type of property for 2004Pay200S appear to be likely: * Residential off-lake: upS% * Residentiallakeshore: up 12-13% * Condominiums: up 12% * Twinhomes: up 10% Based on legislation adopted in 2003, there are also some changes that will be happening for Boards of Review. . No later than January 1,2006, at least one member of the Board must have attended an appeals and equalization course approved by the Commissioner of Revenue. . The coursework must have been completed by the designated member(s) within the last four years of each meeting of the Board. . Any city that does not provide proof of compliance to the county assessor by December 1, 2006, and each year thereafter, is deemed to have transferred its Board of Appeal powers to the county for the following assessment (i.e., the next year). The county shall conduct this function in April or May with "open book" meetings. . The statute also provides that cities whose service is provided by the county assessor may transfer their Board of Appeal duties to the county either permanently or for a specified number of years, and cities may renew their option of transfer. The Council/Board should consider this matter next year around the time of that the Board of Review is in session. - .~ 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 Executive Summary Shorewood City Council Regular Meeting Monday, 24 November, 2003 Agenda Item #3C: As part of the Smithtown Road project, "No Parking" signs are to be installed along the length of Smithtown Road from County Club Road to the Victoria border on both the north and south sides of the roadway. It is also recommended that that portion of Strawberry Lane from Smithtown Road to the intersection of Strawberry Court also be posted as part of this resolution. Staff is recommending approval. . Agenda Item #3D: Ken Potts, the City's contract prosecutor, has proposed a continuation of his services for an additional $lOO/month (approximately 5%), which is his first fee increase in five years. SLMPD is very pleased with the relationship they have with Mr. Potts as the City's prosecutors. Staff recommends a one-year continuation of services, and suggests that we (Shorewood, Tonka Bay, and Excelsior) evaluate the joint-but- individual arrangement for prosecution services as we plan for the 2005 budget. Agenda Item #3E: AT&T has requested approval to add two antennas to their existing array on the Southeast Area Water Tower. The antennas are within the current requirements of their conditional use permit. Approval is recommended subject to the City Engineer's approval of the construction plans and intermodulation study. If you have questions relative to this matter, please contact the Planning Director prior to Monday night's meeting. Agenda Item #3F: Staff has received and tabulated quotes for the conversion of LED (light emitting diodes) for the signal systems along State Trunk Highway 7. Quotes ranged from $27,768 to 19,649.68. Collisys provided the low quote. Staff is recommending award of the contract to Collisys, Inc. ft ~J PRINTED ON RECYCLED PAPER ,r- Executive Summary - City Council Meeting of 24 November, 2003 Page 2of3 Agenda Item #30: Shorewood Village Shopping Center, Inc., has submitted a letter petitioning the City to vacate the utility easement within the previously vacated right-of- way for Maple Street. The City Council adopted Resolution No. 17-79 on 2/12/79 vacating the Maple Street right-of-way. That resolution 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. Council is requested to make a motion to establish a public hearing 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. Agenda Item #3H: Increased activity at the municipal liquor stores necessitates hiring additional part-time staff. Manager Don Swandby recommends three applicants be appointed to the position of part-time liquor clerk at a starting rate of$8.50 per hour, subject to satisfactory reference and background checks, and a six-month probationary period. . Agenda Item #7 A: Park Commissioner Sue Davis will be present this evening to report on the November 12, 2003 Park Commission meeting. Agenda Item #8A: Schwarz Builders, Inc. has requested a lot line rearrangement of two properties on Yellowstone Trail. The division and combination increases the buildability of the westerly lot and provides the City with a conservation easement over the wetland area. The two lots will share a driveway. The Planning Commission has recommended approval of the request. Staff should be directed to prepare a resolution approving the division and combination. Agenda Item #8B: The Amesbury Homeowner's Association has agreed to convey eight feet of the common area to Kay Triden. The deck to her townhouse was built into the common area when the home was built. She now wishes to build a room addition where the deteriorated deck is situated. The Planning Commission agreed with the staff's . recommendation to approve the division and combination. Agenda Item #9A: The City of Excelsior put forth a proposal regarding the 2004 operating budget of the SLMPD, and the Coordinating Committee's consideration of that proposal led to a meeting of the four member cities' councils on November 13. At the joint meeting, the proposal was not embraced by the majority of the cities. This item has been placed on the agenda so that Council may affirm its prior commitment to "Approach A" as endorsed by the majority of the Coordinating Committee, in the absence of any other proposals since the November 13 meeting. Agenda Item #9B: Allan Vanderlinde, 5625 Star Lane, owns property at 5550-5560 Shorewood Lane. He has expressed his dissatisfaction with the enlargement of the hill on the north side of the public safety facility, noting that it does not conform to the original plans approved in the CUP. After discussions with staff regarding process and . . Executive Summary - City Council Meeting of 24 November, 2003 Page 3 of 3 mitigation, he stated his intent to address the Council in November. Background information has been provided to Council in the agenda materials. Agenda Item #lOA: This item considers the vacation of rights of ways along the north and south side of the property located at 5495 Wedgewood Drive. At the November 10th, 2003 City Council meeting, a public hearing was opened and closed in consideration of this matter. As part of the consideration of this matter, one written response was received questioning the location of the paved surface on Wedgwood Drive, versus the location of the dedicated right of way. WSB and Associates has surveyed the location of the traveled surface as it relates tot eh public right of way and found that the roadway lies within the public right fo way. Therefore, staff is recommending approval of the resolution that vacates the subject rights of ways. Agenda Item #11A3: A brief memorandum and graphics regarding Gideon Glen have been included for Council's information. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, NOVEMBER 3,2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES OR~fl 1. CONVENE WORK SESSION MEETING Mayor Love called the meeting to order at 7:04 P.M. A. Roll Call Present: Mayor Love; Councilmember Turgeon; Administrator Dawson, Attorney Keane, Deputy Clerk Panchyshyn, Engineer Brown, and Planning Director Nielsen . Absent: Councilmembers Garfunkel, Lizee, and Zerby; Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Administrator Dawson stated Item 3A, Appreciation Event, would be added to the Agenda. Without the objection of the Councilmember present, Mayor Love continued with the Agenda for the meeting. 2. CONTINUATION OF THE SHOREWOOD CITY CODE RECODIFICATION REVIEW Administrator Dawson noted this meeting was a continuation of review of the recodification of the City's Code discussed initially at the October 20, 2003, Council Work Session Meeting. He stated this evening Mr. Duke Addicks would be reviewing his comments pertaining to Chapter 1001, through Chapter 1200 of the City Code. . Council and Staff then reviewed the noted Chapters found in the City's Code. Upon review of this information, changes were to be made to Chapters 1001, 1004.05,1201.02, 1201.03, 1201.04, 1201.05 and 1201.25. Highlights to these changes include further discussion of the definition of the term "family" for Code purposes, as well as discussion on how to avoid amortization of non-conforming uses in the City Code. City Staff also agreed to provide clarification of the City's Planned Unit Development process. Fees were to be adopted by ordinance in the future. Council thanked Mr. Addicks for his efforts in the recodification process. Mr. Addicks also noted the ease of working with Council and City Staff, and reviewed the process for change to the City's Code from hence forward. 3. OTHER A. Appreciation Event Council and Staff discussed the process to be utilized in planning and implementing the City's Annual Appreciation Event. :;t t2 A CITY COUNCIL WORK SESSION MEETING MINUTES November 3, 2003 Page 2 of2 4. ADJOURN The Work Session Meeting of November 3, 2003, adjourned at 8:20 P.M. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ". Craig W. Dawson, City Administrator Woody Love, Mayor . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 10, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES D RA.fT .. 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:03 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Commission Liaison Borkon Absent: Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda for this evening. Administrator Dawson requested Item 8A, A Building Moving Permit for Our Savior's Lutheran Church, and Item 9A, Proposal from City of Excelsior Regarding the SLMPD 2004 Budget, be added to the Agenda for this meeting. Zerby moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 27, 2003 Turgeon moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of October 27, 2004, as presented. Motion passed 5/0. B. City Council Work Session Minutes, October 27, 2003 Lizee moved, Zerby seconded, Approving the City Council Work Session Meeting Minutes of October 27, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 03-097, "A Resolution Approving the Final Plat of the High Pointe PUD for Lecy Construction, 23520 Highway 7." C. Authorizing Expenditures of Funds for Dump Truck Box, Sander, and Lights =1FdtB CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 2 of7 D. Approval of the Capitalization Policy E. Adopting RESOLUTION NO. 03-098, "A Resolution Supporting Application by Capestone Builders for a Hennepin County Environmental Response Fund Grant Application." F. Acknowledging a Petition Requesting Use of Public Right-of-Way for Private Extenmon of Public Water G. Accepting a Petition to Utilize Metropolitan Council Sanitary Sewer Utility Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. . 5. REPORTS AND PRESENTATIONS A. Report by LMCD Representative, Tom Skramstad Tom Skramstad, Shorewood's representative to the Lake Minnetonka Conservation District (LMCD), reported on the activities of the LMCD over the past quarter year. He noted discussions had taken place at the LMCD regarding issues pertaining to water patrol deputies, solar lights on buoys, Howard's Point Marina, milfoil harvesting programs, zebra mussels, personnel procedures, and LMCD Board appointments. He noted the "writing campaign" by area municipalities helped to notify the Hennepin County Board of Commissioners of the importance these municipalities placed on funding for an increase of Water Patrol Officers. Mayor Love questioned what more could be done in effort to make the County aware that an increased need as well as subsequent funding of these Water Patrol positions should remain as part of the Year 2004 Budget, and to let the County know an appeal for funding to local municipalities was not available. . Mr. Skramstad stated emails to Commissioners Koblick and Vargas in the past had been quite helpful, and he suggested a "writing campaign" where County Commissioners heard from area residents in the next few weeks regarding this issue might also be helpful. Mayor Love stated he believed good faith efforts had been made from local municipalities to fund these positions over the past years with the understanding funding would continue from the County for the future. He stated to have the potential for budget cuts in this area after that good faith effort was unconscionable. Mr. Skramstad noted the County budget included the need for 2.8 million dollars in reductions. Should this amount need to be removed from the Sheriff's budget, reductions would be directed by the Sheriff. Commissioner Turgeon stated she would not support the local cities funding these positions for the future. Mayor Love stated cities were not able to do so, and should the County direct the Sheriff to remove the reductions from Sheriff's department budget, it would be appropriate to contact the Sheriff with concerns regarding funding of these Water Patrol positions. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 3 of7 Mr. Skramstad then provided history on the permit application from Howard's Point Marina and its denial by the LMCD. Mayor Love thanked Mr. Skramstad for his thorough report. 6. PUBLIC HEARING A. 7:00 P.M.- Approval of Certification of Delinquent Utility Charges Mayor Love opened the Public Hearing at 7:28 P.M. . Administrator Dawson stated the City Code provided for annual certification of delinquent utility bills against the respective properties served. He noted consideration was to be given this evening for setting delinquent utility charges and other charges and fees to be certified to Hennepin County as a levy on the property taxes. He reviewed the process to be utilized should any property owner object to this proposed certification of delinquent accounts, and noted as part of the appeal process, one may request a hearing in front of the Council. He stated one such request had been made, and that property owner was present this evening for the hearing. Ron Johnson, 5355 Shady Hill Circle, also known as 5400 Vine Hill Road, stated he had been a longtime resident of Shore wood, and owned a 20-acre hobby farm within the City. Mr. Johnson reviewed the history of his litigation with the City, and believed that the City had made violations of the U.S. Constitution in his case. He provided the Council with a handout of information presented to the Courts on this issue, and an affidavit by former Mayor Thomas Dahlberg. . Mr. Johnson stated his situation was not as the City characterized him in being delinquent. He asserted there was a credit from previous administrations that exempted him from payment of these penalties for the duration of the time he was in litigation with the City on this matter. He believed the City had breached a contract in this regard. Mayor Love asked if there were any other persons present wishing to address Council on this matter. Having no one present wishing to address Council on this matter, Mayor Love closed the Public Testimony portion of the Public Hearing at 7:48 P.M. Administrator Dawson stated the action of the Council was to consider the testimony of Mr. Johnson to determine if those statements warrant any change to the proposed certification of the utility charges that have not been collected. Councilmember Garfunkel requested clarification on the PID numbers listed for consideration. Finance Director Burton explained the PID numbers listed included all properties included for consideration of the certification. Councilmember Zerby questioned Mr. Johnson whether he had any issue with recycling and City clean- up fees also being certified. Mr. Johnson stated there never had been. Finance Director Burton stated the account with the City of Shorewood did not reflect a credit, and in addition to the sump pump penalties there were stormwater, recycling, spring clean-up charges pertaining t' CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 4 of7 " to his properties, including regular sanitary sewer charges, for the past four quarters in the amount of $479.06. She questioned whether Mr. Johnson was disputing those charges. Mr. Johnson stated he believed a credit was due him as presented in the affidavit from Hennepin County. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-099, "A Resolution Directing Delinquent Sewer Charges, Storm water utility charges, Recycling Charges, City Clean-up Charges, Dry Hydrant Charges, and Sump Pump Charges, Be Placed on the 2004 Property Tax Rolls." Councilmember Turgeon asked for clarification whether this resolution was a special assessment. Administrator Dawson stated it was not a special assessment as described in Chapter 429 of the Minnesota Statutes. He noted it is often called a special assessment in casual conversation, but is actually a certification of delinquent charges. Motion passed 5/0. Mayor Love thanked Mr. Johnson for his appearance before the Council this evening. . B. 7:15 P.M.- Vacate Right-of-Way Property Applicant: James Marso Location: 5495 Wedgewood Drive Mayor Love opened the Public Hearing at 7:53 P.M. Engineer Brown explained Mr. Marso was the owner of the property located at 5495 Wedgwood Drive. The property was bounded on its south side by a strip of public right-of-way, 20 feet in width. Mr. Marso requested that the City vacate this right-of-way, in order that it would become part of his property. Similarly, there is a small triangle of the right-of-way for Wedgewood Drive adjoining the northerly corner of Mr. Marso's property. He requested this triangle also be vacated. It was his intent to combine the vacated rights of way with his property so that he may be able to subdivide the resulting parcel into two residential lots. Mr. Marso had provided a survey of the property and an opinion from his attorney regarding which property would have a right to the vacated land, since the right-of-way was between two properties. Mr. Marso's attorney indicated the southerly right-of-way was left over from an old Auditor's subdivision, and would legally be divided between Mr. Marso's property and the property to the south. The northerly right-of-way would go with Mr. Marso's property. The northerly right-of-way contained approximately 1271 square feet of area, and the southerly right-of-way contained 3573 square feet. . Engineer Brown explained there was no reason not to vacate the property from a planning perspective, and the City was not obligated to vacate the property, he noted the City had not been able to determine how Wedgewood Drive existed within the public right-of-way. Mr. Marso was present, and stated he did not have any objection to further review of this issue. Mayor Love closed the Public Testimony portion of the Public Hearing at 8:00 P.M., noting a letter had been submitted into record from John and Pat Arnst, 5480 Teal Circle. .. . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10,2003 Page 5 of7 Zerby moved, Turgeon seconded, Continuing this Item to the November 24, 2003, Regular City Council Meeting. Motion passed 5/0. 7. PARKS Engineer Brown stated there had not been a meeting of the Park Commission since the last Regular City Council Meeting thus; there was nothing new to report on at this time. 8. PLANNING Planning Commissioner Borkon reported on matters considered and actions taken at the November 5, 2003, Planning Commission Meeting (as detailed in the minutes of that meeting). A. A Building Moving Permit for Our Savior's Lutheran Church Engineer Brown explained that in January 2001 Our Savior's Church amended their Conditional Use Permit to add the community center/gymnasium to their building. The site plan approved included a proposed utility building located in the northeast corner of the parking lot. The Church had an opportunity to acquire an existing garage, currently located in Minnetonka. The garage measured.24' x 38' and fit into the space originally set aside on the plan. Engineer Brown noted the City's Building Official had inspected the structure and had suggested a couple of technical corrections, such as additional bracing, and Electrical Code compliance. Overall, the building was 'relatively new (4-5 years) and in very good condition. He also noted the building fit very nicely into the space originally proposed for a building. He stated that the building would be blocked until next spring, after which a permanent foundation would be constructed. Due to its low height, power lines were not considered to be an issue, nor was the planned route for moving the structure, as the building would be moved in on Highway 7, then directly onto the service road and onto the church property. Councilmember Zerby stated the Planning Commission had expressed concern for the storage items currently being stored on the location of the proposed garage, and had suggested a stipulation be placed upon the permit that the items currently being stored outside be moved inside. To that end, Staff was recommending a stipulation that the foundation be placed under the structure on or before June 152004, and also to follow the Planning Commission's recommendation that all non-conforming items be placed inside the garage for storage purposes. Turgeon moved, Zerby seconded, Approving a Building Moving Permit, subject to Staff recommendations and that a foundation be placed under the structure on or before June 15, 2004. Motion passed 5/0. 9. GENERALINEW BUSINESS A. Consideration of a Proposal from the City of Excelsior Regarding the South Lake Minnetonka Police Department (SLMPD) 2004 Budget Administrator Dawson explained the City of Excelsior had submitted a proposal to the SLMPD Coordinating Committee on November 6, 2003, to address the SLMPD budget for the Year 2004, and its approach to making additional contributions as well as identifying reductions in expenses. He also stated there was a Joint Meeting of the four member cities' Councils on Thursday, November 13, 2003, at 7:00 P.M. at the Southshore Community Center to further discuss this issue. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10,2003 Page 6 of7 .. Mayor Love stated while he did not wish to discuss the content of the proposal submitted by the City of Excelsior, this proposal was the first time he had heard an interest in retaining current levels of service for all member cities. He also stated the City of Excelsior had made a strong declaration of economic troubles, and a discussion pertaining to the proposal seemed to be worthwhile. Councilmember Lizee stated she believed it was a great idea to have all parties together to try to come to resolution on this issue. Councilmember Turgeon stated she would like discussion from the member cities regarding a needed change in the Joint Powers Agreement so that this problem did not continue to arise, as other cities could be similarly affected in other years. She suggested a broader picture of the future and a long-term solution be provided. Councilmember Zerby agreed. Mayor Love stated the Joint Powers Agreement should be a vehicle to support any City in financial trouble, and he thought a long-term solution to be imperative as well. 10. ENGINEERINGIPUBLIC WORKS . A. Acceptance of Comprehensive Surface Water Management Plan Engineer Brown explained the City had operated under a draft plan of the Comprehensive Surface Water Management Plan for the past three years. Since that time, this draft had been submitted to a number of appropriate agencies, two of them being the Minnehaha Creek Watershed District (MCWD) and Riley- Purgatory Bluff Creek Watershed District, for review and approval. The approval was delayed due to a stipulation from the MCWD requesting a "Functions and Values Assessment" be provided for all designated wetlands within the City as part of the Plan. The MCWD then decided their organization would perform the assessment and have each municipality incorporate the study into its Surface Water Management Plan. Engineer Brown further explained the study was designed to assist cities in evaluating the highest and best use for each wetland in the City. With the inclusion of the Functions and Values Assessment, the draft plan was now ready for acceptance and approval by Council, and upon such approval would be forwarded to the Metropolitan Council. Engineer Brown, in response to Councilmember Zerby's question, stated this plan was in synchronization with the City's Stormwater Management Plan as well. . Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 03-100, "A Resolution Adopting the Comprehensive Water Resource Management Plan." Motion passed 5/0. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown stated the Intersection project continued to move forward in that the former Tonka Bay Liquor Store was anticipated to be razed within the next few weeks. Councilmember Turgeon requested a written update from Hennepin County Director of Transportation, Jim Grube, on the project. L . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 7 of7 2. Public Safety Facilities Administrator Dawson reported the West Side Facility continued to progress on schedule. The Excelsior Fire Department anticipated occupying the facility on December 15, 2003, and the South Lake Minnetonka Police Department occupying their portion of the facility the fIrst two weeks in January' of 2004. He also noted a Groundbreaking Ceremony for the East Side Facility in Deephaven on November 22, 2003, at 10:00 A.M. 3. Smithtown Road Engineer Brown reported hydroseeding had occurred along Smithtown Road as the project neared completion. He also noted a discussion regarding posting No Parking signs along Smithtown Road would be had at the next Regular City Council Meeting. B. Mayor & City Council Councilmember Lizee stated she had attended a meeting with other South Lake Minnetonka area residents in a Citizens' Advisory Board regarding the library system and a space needs issue for the Excelsior library. 12. ADJOURN Lizee moved, Zerby seconded, Adjourning the Regular City Council Meeting of November 10, 2003, at 8:43 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator ~ .. 1/ .. . . JOINT CITY COUNCIL WORK SESSION CITIES OF EXCELSIOR, GREENWOOD, SHOREWOOD, AND TONKA BAY PUBLIC MEETING THURSDAY, NOVEMBER 13, 2003 SOUTHSHORE CENTER 7:00 P.M. MINUTES \) f\f1 1. CONVENE JOINT CITY COUNCIL MEETING Facilitator Bakken opened the meeting at 7:00 P.M. A. Roll Call Present: Facilitator: Larry Bakken, Professor of Law at Hamline University, (and former Mayor of Golden Valley) Mayor Johnson, Council members Mueller, Bolles, and Caron Mayor Nagel, Council members Alstatt and Rubenstein Mayor Love, Council members Garfunkel, Lizee, and Zerby Mayor Keller, Council member Bauman Excelsior: Greenwood: Shorewood: Tonka Bay: Note: The Mayors of the four cities comprise the Coordinating Committee of the SLMPD. B. Introduction Bakken opened the joint work session meeting with the City Councils of the South Lake Minnetonka Police Department Joint Powers Agreement (JPA) present to discuss the 2004 SLMPD Operating Budget. He complimented the communities on their willingness to work together to find resolution, and upheld the Joint Powers Agreement as a model to other communities. Bakken asked for comment from members on where the situation lies. He noted the mayors were seated together to show their dual responsibilities as the Coordinating Committee. Caron, Excelsior, explained that there is disagreement of how to solve conflicting budgets. He indicated that Excelsior recently presented a new proposal which included a limited fmancial contribution, but also offered 'in-kind' contributions. While he recognized that all communities faced similar budget shortfalls, he hoped they might find some common ground and continue to enjoy the same level of service. Mayor Keller, Tonka Bay, pointed out that three member cities of the JPA approved the proposed police budget and were willing to pay more to achieve a higher level of service. Mayor Love, Shorewood, while agreeing with both parties' comments, noted that the JPA fails to cover dispute resolution. Love indicated that over the past year the Coordinating Committee has looked for common ground and he voiced his concern that the level of service his constituents had come to expect would not be maintained. While he did not relish the idea of one City not getting the same level of service as the others, he expressed his desire to preserve the services they had. With regard to the proposal set forth by Excelsior, Love commented that he was impressed by its desire to maintain the current level of service. He also looked forward to a long term solution in terms of a #;2.C ~ JOINT CITY COUNCIL WORK SESSION THURSDAY, NOVEMBER 13, 2003 Page 2 of7 .. .. financial decision. Love indicated that he was not enthusiastic about 'in-kind' contributions, although other communities might find those acceptable. Bakken stated that he believed the communities were not far from establishing a workable agreement. As most cities agree that police and fire are the most important services to the public, Bakken asked for feedback on the proposal set forth by Excelsior and other issues for discussion this evening. Mayor Nagel, Greenwood, stated that, while he could appreciate the budget difficulties faced by Excelsior, he needed specific details of its financial woes in order to understand its position. Zerby, Shorewood, stated that he believed the fundamental nature of the JPA has come into question. Since all South Lake communities are intertwined in this partnership, it is difficult when one City has chosen to go one way and the rest another. Mayor Keller asked if there were specific issues within the budget that have created this impasse. He indicated that 17 or 20 members support the budget. . Mayor Johnson, Excelsior, stated that Excelsior has lost over $100,000 in LGA funds for the upcoming year and this reduction has had a profound impact on the budget. She indicated that they've been forced to cut staff and spend a great deal of time cutting budget items and raising revenues. Caron stated that Excelsior's reservations to amend the JPA to build the new facility stem back to 2001 when it expressed concern that Excelsior might not be able to afford it. He indicated that they did not believe the budget would increase dramatically enough to outstrip Excelsior's ability to pay for the new facility. He added that, even after cutting a public works position, and raising revenues, a budget gap of at least $80,000 remains. Mayor Nagel asked what percent of Excelsior's budget was devoted to police and fire. Myles McGrath, Excelsior City Manager, stated that of the $1.6 million budget, public safety makes up . approximately $600,000 of the operating budget. Once again Mayors Love and Nagel asked if specific items within the budget itself seemed unacceptable. Nagel believed the budget was as lean as could be and voted to approve it as a member of the Coordinating Committee. He questioned why Excelsior did not propose specific cuts to the Chief. Caron stated that the Council did not engage in a debate over the specifics, but rather felt the overall budget was something it could not afford. He maintained that this was information the Excelsior Council had shared with the Police Chief when the budget was initially proposed. Mueller, Excelsior, maintained that the Excelsior contributions to the budget were not simply flat lined, after taking credit for termination of rent; it made a $13,500 contribution. Bolles, Excelsior, stated that historically, the level of budget increase has been to 2.5-3%, or the consumer price index, which is what the City of Excelsior has proposed. . JOINT CITY COUNCIL WORK SESSION THURSDAY, NOVEMBER 13, 2003 Page 3 of7 Caron reiterated that they believed they had made their reservations clear up front about the budget and new facility to the Police Chief and others. Bolles insisted that they had explained to the Chief that if he believed the department could hold its budget to historic levels in the new facility, only then would they endorse it. He commented that this has not happened. Mayor Love stated that, while the other three cities could have cut their level of services as well, they have opted to receive the optimum level of police service possible. He asked whether Excelsior would be comfortable with that. Caron pointed out that it was not contemplated in the JP A how to differentiate service if one city could not afford the same level Of services. He noted that Option A was inconsistent with the JPA to have line item differentials. . Mayor Johnson assured the members of the JPA that Excelsior did not want to opt out of the JPA; on the other hand, they need to work on their commitment on an annual basis. She felt the JP A to be good document, but also believed cities should have the ability to review the budgets annually. She noted that Shorewood had already set a precedent by purchasing additional services. Mayor Love pointed out that Shorewood's desire to add a community officer benefited the entire South Lake area at a cost to Shorewood of an additional $65,000 a year. Zerby stated that the Coordinating Committee asked the Police Chief to present the least costly budget possible that could still maintain the minimum level of service. Lizee, Shorewood, stated that she would dissuade the group from initiating cafeteria style budgeting. She believed the police department would be unable to present a budget that maintains the same level of service for the entire South Lake area in this scenario. . Bakken asked if all parties wished to maintain the same level of service. Mayor Nagel stated that, while Greenwood places the least demand on the police department, it spends over 50% of its budget to obtain an optimum level of service. He noted that Excelsior devotes a smaller portion of its budget to these same services. ' While Bakken recognized that most acknowledge police and fire as people-heavy services, he noted that it is the nature of the JP A that might need to be modified. Mayor Keller explained that in 2003, the Committee was forced to take money from reserves to maintain the department because Excelsior would only pay a certain amount of money for the budget. At Excelsior's request, the Chief distributed the budget earlier this year, providing everyone with ample time to review it. Keller pointed out that the only proposed increase was for operating costs for the new facility. He maintained that Excelsior's objection to an increase seems to be based on the fact it has failed to acknowledge an increase over the past two years. Oarfunkel, Shorewood, stated that the nature of the JPA has tied the entire South Lake community's public service to the minority decision of 4 of the 20 council members. JOINT CITY COUNCIL WORK SESSION THURSDAY, NOVE:MBER 13, 2003 Page 4 of7 . Mayor Nagel indicated that he believed Excelsior had not gotten down to the real issues behind its reservations. Bolles stated that it concerned him the proposedSLMPD budgets continually increase year after year, in excess of the cost of living. As a Council member, he expected the Chief to control the budget and keep it affordable. Zerby pointed out that the facility is an investment in the future. While it offers more than what is absolutely necessary today, Zerby pointed out that it should serve the South Lake area comfortably for the next 50 years. He asked how Excelsior could have realistically expected to keep growth at historic levels when they jointly bit off a big chunk now to serve the next 50 years. Bolles asked how much bigger a facility the South Lake area felt it needed over the next 50 years. While this was impossible to estimate, Zerby stated that traffic continues to increase with construction to the west which means more law enforcement, as well as Excelsior's own desire to rebuild its downtown. . He added that higher density housing and lake use also continue to rise. Mayor Love concurred, stating that a fixed limit would be irresponsible, as an ever-higher demand is made of our police department. While one could not anticipate the future, Love pointed out that the nature of the JP A was to keep costs down for all by building a new facility to serve future needs of the South Lake area. While an individual City's financial crisis is a reality, Bakken asked if this were a temporary situation and how other cities could deal with that. He pointed out that all cities have different value systems which might conflict with the ultimate values of the JP A. Although police and fire are essential services, if Excelsior has chosen not to raise levies, etc, it has put itself in direct conflict with the other joint cities. In this case, Bakken asked whether the JP A should be modified. Mayor Nagel stated that options do exist, including asking for a loan, raising levies, or issuing bonds. Mayor Keller maintained that the Chief had laid out a budget reflecting the minimum operating costs . available. He stated that he did not wish to put his police department in the same position as that of Minneapolis, one that cannot afford to pursue minor crimes. Mayor Love reminded the members that the cafeteria-style list was compiled upon request of the Coordinating Committee and whatever decisions about the budget that are made are policy based and not a reflection of the department or its staff. Lizee questioned whether Excelsior's budget problems will continue to arise year after year. If so, she asked what impact this might have on the South Lake area. She indicated that it was unfortunate the joint members were being held hostage by the vote of three council members. Bolles reiterated that Excelsior could only commit to 3% annual budget increases. Zerby pointed out that it is difficult to control what state and federal mandates may be required of the police department in coming years, and to hold them to a mere 3% increase is preposterous. With 84% of the police budget devoted to people and the need to be responsible to the public, he questioned whether . JOINT CITY COUNCIL WORK SESSION THURSDAY, NOVEMBER 13, 2003 Page S of7 Excelsior had reviewed other line items in its budget for further reduction. He pointed out that Excelsior has the sale of a $600,000 building pending after the police department vacates. Bolles stated that it would take time to vacate the premises and sell the building. He noted that Excelsior would be losing rental and lease fees in the interim from the department. Mayor Love questioned whether the groups were finding any common ground to base further discussion. He asked if the committee should proceed with a vote in order to give direction to the Police Chief. Bakken pointed out that there had been many data differences and interpretations presented this evening and asked whether the communities were ready to move away from an agreement that has served them well for 30 years. He used the analogy of two racing trains ready to collide head on and no one willing to swerve. . Mueller stated that Excelsior has stated its position, and been told it is not acceptable. Caron asked that everyone acknowledge that they understand Excelsior's stated limits to its level of commitment from the beginning and desire to hold to the historic 3% increase. Mayor Love stated that he could not acknowledge a specific percentage that the department was expected to be held to. He indicated that the Chief had been told to hold the budgets down as low as possible, which he felt 6% achieved in meeting that challenge for 2004. Zerby reiterated that, having reviewed the budget thorougWy, the increases were not due to any irresponsibility on the Chief s part, but instead, due to such increases in heat costs, cleanup costs, and biocontamination removal. Bakken asked where the City of Excelsior was at if it could agree that the budget was as low as possible. . Caron stated that he believed the JP A was not a majority vote tool, but instead something created to protect the weakest city. It was designed to force the group to adhere to the lowest figure affordable to the weakest participant. Bakken questioned how they propose to cover the shortfall. He asked whether it would be a reduction in services, a loan from other cities, dipping into reserves, etc. He believed the group was on the verge of making a decision and urged them to consider the citizen's safety and security. Mayor Keller urged Excelsior to get 3% off its mind. He pointed out that as a group they help each other out in special circumstances, such as in the event of a murder, etc., which takes additional resources. Mayor Love asked what it would take to approve the budget. Having offered options, he asked what the group could do to move the budget forward. While he wished to maintain the spirit of the JP A and recognized Excelsior's predicament, Love asked what could be done to approve the budget or whether there was something specific they wished to challenge. Mueller asked if the group would acknowledge that Excelsior did not flat line the budget, but in fact, gave the department a $13,500 increase based after factoring termination of rent. He asked that the joint cities recognize this contribution made by Excelsior by no longer receiving rent for the police station. JOINT CITY COUNCIL WORK SESSION THURSDAY, NOVEMBER 13, 2003 Page 6 of7 l Mayor Nagel stated that the partner cities did not realize this was a cost to Excelsior. Altstatt, Greenwood, asked how much of the $25,000 shortfall could be scaled back to make the budget acceptable to Excelsior. Caron stated that they had presented a proposal which offered $5,000 and additional 'in-kind' contributions. Altstatt asked whether others could accept this combination of $20,000 in contributions this year. Mayor Love questioned the use of 'in-kind' contributions. While he recognized that any City could be faced with a similar predicament in years to come, he stated that it would be up to the Coordinating Committee whether it could support this or perhaps a 3-year program to get a city back up to speed. Discussion with regard to the rental contributions ensued. Zerby felt it was a dangerous precedent to allow one City to take a step back. . Garfunkel concurred, stating that it is far easier to take a step back than it is to ever get back the lost momentum going forward creates. Caron stated that other options exist other than 'A' as proposed that seems to penalize Excelsior. Mayor Love disagreed that Excelsior alone would be penalized. Love stated that if the partnership moves in this direction, everyone loses, by losing an officer. Bakken asked if further discussion of the Excelsior proposal was warranted. Zerby asked how the JP A allowed things to get to this point. He was concerned that the cities might be faced with the same scenario next year. He pointed out that the Coordinating Committee approved the budget as presented after review, and assumed the Councils would concur. Caron stated that, after looking at a $25,000 shortfall, Excelsior developed a proposal that it felt it could support. . Zerby commented that Excelsior seems to be asking for the same level of service as everyone else, but for less money. While Excelsior has offered to approve a 3% annual increase over time, Bakken questioned whether, in reality, this is sufficient to maintain the same level of service it or all of the cities are accustomed to. He pointed out that using the past is not an indicator of the future. Mayor Nagel asked why Excelsior signed the JP A is it did not wish to participate in all of the costs of the new facility. Bolles stated that it signed the JP A before a public safety proposal was finalized. He maintained that they had started discussions of a fire facility only constructed with a budget of $3 million; whereas, fmal figures exceeded that number. . . JOINT CITY COUNCIL WORK SESSION THURSDAY, NOVEMBER 13, 2003 Page 7 of7 Although Excelsior may not have been sold on the new building, Zerby pointed out that improvements were made to the facility, including a covered parking area, holding cells, emergency operation center, and emergency generators that were not foreseen in the initial proposal. Mayor Love urged the groups to avoid rehashing past decisions made by past Councils, instead he urged the participants to pick up the pieces and lead their cities in an appropriate direction. He indicated that by January he intended to cast his vote, albeit acknowledging, unfortunately, they had collectively failed. Mayor Johnson asked what sort of dialogue might extend the deadline. Mayor Love stated that, faced with the lack of common ground, he was less convinced than ever that an agreement could be found. He indicated that he felt Excelsior did not wish to receive the same level of service as the others due. to historical differences of opinion. Mayor Johnson asked if the proposal put forth by Excelsior contained enough to continue dialogue. Mayor Love stated that the only common ground he found was dispute resolution. While financial difficulties is a common problem, he failed to see that Excelsior wished for the same level of services. Bakken asked whether Excelsior was willing to consider taking a loan from the other cities or look into other options. While he appreciated the spirit of the proposal, Love stated that for two years in a row, the Coordinating Committee supported the budget and a City Council failed to approve it. He felt the JP A should give the Chief much needed direction for 2004, and he urged the Excelsior Council to return with a common voice. Bakken clarified, stating that there seemed to be little support for the proposal put forth by Excelsior. He asked whether Excelsior could manipulate its proposal in a different manner to enhance its offer. At 9:20 p.m. Nagel moved, Mueller seconded, to adjourn the meeting. The meeting concluded by acclamation. RESPECTFULLY SUBMITTED. Kristi B. Anderson Recording Secretary '. PAYABLESAPPROVALS For 11/24/03 Council Meeting . Prepared by: f tttJ;fll.I~, !JJ& Cathjfne ~Ike, r. Accountant Reviewed by: ~ Bonnie Burton, Fina /fJ ~ ~ . . Approved by: craij f Date: /1-1 <J-{)3 Date: /t/~ Date: JL I ~ .03 *31; Check Approval List for 11/24/03 Sorted by Department i Check # Vendor Name Description Check Date Invoice # Amount 36338 ADVANCED IMAGING SO NOV SVC 11/14/2003 14292 $215.07 36340 BURTON, BONNIE MGFOA EXP/MILEAGE 11/14/2003 $94.29 36341 CULLIGAN BOTTLED WA 11/14/2003 114X2609 $64.94 36342 ELKE, CATHERINE OCT/NOV MILEAGE-MGF 11/14/2003 $57.60 36347 MN SUN PUBLICATIONS MARSO VACATION 11/14/2003 646634 $53.62 36348 NGUYEN, MICHELLE MGFOA CLASS MILEAGE 11/14/2003 $50.82 36349 PAWS, CLAWS & HOOV OCT IMPOUNDS/NOV SV 11/14/2003 $133.13 36352 AFSCME COUNCIL 14 DEC DENTAL PREM 11/19/2003 $304.50 36353 ANCHOR PAPER COMPA NEWSLETTER PAPER 11/19/2003 14875650 $289.48 36354 ANDERSON, KRISTI B. 1 ST HALF NOV SVCS 11/19/2003 $150.00 36354 ANDERSON, KRISTI B. 1 ST HALF NOV SVCS 11/19/2003 $150.00 36355 BIFFS, INC. RENTALS 11/19/2003 W207193- $609.10 36357 CARMICHIEL AUTO PAR V AN HANDLE 11/19/2003 $20.00 36358 DAWSON, CRAIG OCT-NOV EXP 11/19/2003 $72.18 36361 EDINA COURIERS LLC COURIER SVC 11/19/2003 67225 $21.00 36363 G & K SERVICES 11/19/2003 103103 $513.07 . 36364 GOV'T FINANCE OFFICE RENEW GAAFR REVIEW 11/19/2003 22703S $50.00 36367 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 1 11/19/2003 302131-11 $1,088.76 36369 KAR PRODUCTS SHOP SUPPLIES 11/19/2003 90007945 $49.23 36370 LANO EOUIPMENT, INC. SHOP SUPPLIES 11/19/2003 81782 $78.57 36372 MEDIACOM LLC OCT CABLE SVC 11/19/2003 $99.95 36374 MIDWEST MAILING SYS NOV NEWSLETTER 11/19/2003 56617 $337.07 36375 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 11/19/2003 $193.35 36377 MTI DISTRIBUTING COM BEARING 11/19/2003 385918-00 $21.67 36379 O'ROURKE WELDING WELDING CYLINDER RE 11/19/2003 $10.00 36380 PAZANDAK, JOSEPH MILEAGE 11/3 - 11/14/03 11/19/2003 $76.32 36381 PERA PAYROLL DEDUCTIONS 1 11/19/2003 762400-11 $2,301.81 36381 PERA PAYROLL DEDUCTIONS 1 11/19/2003 762400-11 $2,495.89 36385 SAM'S CLUB 11/19/2003 110303 $200.29 36385 SAM'S CLUB 11/19/2003 110303 $218.18 36386 SBC PAGING 11/19/2003 52006811 $25.75 36388 SHOREWOOD TRUE VAL STREETS SUPPLIES 11/19/2003 126195 $145.96 36388 SHOREWOOD TRUE VAL ROPE FOR HOCKEY NET 11/19/2003 127327 $101.18 . 36390 US POSTMASTER DEC NEWSLETTER 11/19/2003 $338,08 36391 WM. MUELLER & SONS, I BLACKTOP 11/19/2003 85184 $240.91 36391 WM. MUELLER & SONS, I BINDER ROCK 11/19/2003 85185 $108.53 36391 WM. MUELLER & SONS, I BLACKTOP 11/19/2003 85533 $954.09 36391 WM. MUELLER & SONS, I BLACKTOP 11/19/2003 86013 $956.78 36391 WM. MUELLER & SONS, I BLACKTOP 11/19/2003 86157 $243.60 36392 XCEL ENERGY 11/19/2003 0208-203- $27.62 36398 EXCELSIOR FIRE DISTRI 4TH OTR FIRE SVCS 11/25/2003 $36,752.09 36398 EXCELSIOR FIRE DISTRI 4TH OTR FIRE SVCS 11/25/2003 $60,425.48 36404 LK MTKA CONSERV. DIS 4TH OTA LEVY PYMT 11/25/2003 $6,456.02 36408 NORTHERN TOOL & EO SHOP SUPPLIES 11/25/2003 08983130 $198.03 36409 OFFICE MAX CREDIT PL APPRECIATION PARTY P 11/25/2003 4239J309 $17.54 36414 SO LK MTKA POLICE DE DEe MONTHLY BUDGET 11/25/2003 $51,977.00 36418 UNUM LIFE INSURANCE L TO PREM-DEC 2003 11/25/2003 $273.44 36422 XCELENERGY 11/25/2003 0615-308- $3.14 36422 XCEL ENERGY 11/25/2003 1605-305- $79.30 36422 XCEL ENERGY 11/25/2003 1724-866- $70.77 36422 XCEL ENERGY 11/25/2003 1732-704- $2,415.91 36422 XCEL ENERGY 11/25/2003 2001-503- $21.21 rh'!.'1'~~~;;;;''!':;\'W~.rmm...Yi~",,~-,':;-;:;:,::i~.::=m:.'iJ.~)1'J'ill~':f,~g.r~;_~f~'~~~m2'i:;,,:u;.ut~~t;;,,;",;W:.,~f;.~::tIi~~~f~~'~..-:'1~~1;~"~.~~~~it:.l:i:~'JU'.iL~i.~..;;u:~'W,:,i;~~~"'l~ ::i;s.zn~ Wednesday, November 19, 2003 Page 1 of5 Check # Vendor Name Description Check Date Invoice # Amount TOTAL FOR 101 GENERAL FUND $171,852.32 36384 QWEST 11/19/2003 $99.05 36384 QWEST 11/19/2003 $261.99 36392 XcEL ENERGY 11/19/2003 1351-508- $656.49 36392 XCEL ENERGY 11/19/2003 2095-300- $1,596.06 36401 HAWKINS WATER TREA 11/25/2003 DM96245 $40.00 36406 MERIT HTG & COOLING REPR WELL HOUSE HEA 11/25/2003 9518 $408.00 36417 TWIN CITY WATER CLlNI 11/25/2003 10405 $60.00 36422 XcELENERGY 11/25/2003 0145-009- $11.62 36422 XCEL ENERGY 11/25/2003 1440-708- $180.59 TOTAL FOR 601 WATER UTIliTY $3,313.80 36356 BRAUN PUMP & cONTR PUMP REPAIRS 11/19/2003 6265 $834.33 36388 SHOREWOOD TRUE VAL SEWER SUPPLIES 11/19/2003 56894 $20.34 36388 SHOREWOOD TRUE VAL SEWER SUPPLIES 11/19/2003 56895 $5.31 36407 METRO COUNCIL ENVIR DECEMBER WASTEWAT 11/25/2003 764773 $36,482.33 36422 XCEL ENERGY 11/25/2003 0408-607- $49.75 36422 XCEL ENERGY 11/25/2003 1285-101- $15.38 . 36422 XCEL ENERGY 11/25/2003 1373-808- $7.93 36422 XCEL ENERGY 11/25/2003 1564-303- $8.73 TOTALFOR 611 SANITARY SEWER UTILITY $37,424.10 36359 E-Z RECYCLING INC. NOV SVc 11/19/2003 5853 $6,255.00 36420 WASTE TECHNOLOGY, I FALL CLEANUP 11/25/2003 80918 $6,267.60 TOTAL FOR 621 RECYCUNG UTIUTY $12,522.60 36343 EXTREME BEVERAGE 11/14/2003 159147 $32.00 36344 FLAHERTY'S HAPPY TY 11/14/2003 16805 $120.00 36345 HOHENSTEINS INC 11/14/2003 317364 $199.00 36346 MARLIN'S TRUCKING 11/1412003 13817/481 $115.20 36346 MARLIN'S TRUCKING 11/14/2003 13817/48/ $115.20 36350 QUALITY WINE & SPIRIT 11/14/2003 329527-00 $215.82 36350 QUALITY WINE & SPIRIT 11/14/2003 329527-00 $1,718.04 36350 QUALITY WINE & SPIRIT 11/14/2003 329527-00 $131.07 36350 QUALITY WINE & SPIRIT 11/14/2003 329619-00 $1,016.24 . 36351 AA EQUIPMENT CO L1Q#2 FLAT COOLER SHE 11/19/2003 98547 $87.22 36360 EAST SIDE BEVERAGE 11/19/2003 220361 $764.90 36365 HERMEL WHOLESALE 11/19/2003 442320 $213.18 36365 HERMEL WHOLESALE 11/19/2003 442320 $127.50 36366 HONEYWELL INSTALL SECURITY SYST 11/19/2003 2600366 $1,542.00 36366 HONEYWELL ALARM MONITORING 10/ 11/19/2003 2600369 $216.97 36368 JOHNSON BROS L1QUO 11/19/2003 1632766 $3,786.57 36368 JOHNSON BROS L1QUO 11/19/2003 1632766 $3,163.25 36371 MARK VII 11/19/2003 599853 $2,950.10 36371 MARK VII 11/19/2003 599854 $24.80 36373 MIDWEST COCA-COLA B 11/19/2003 63267218 $148.80 36376 MN SUN PUBLICATIONS 11/19/2003 648367 $300.00 36378 MUZAK - MPLS INSTALL MUZAK SYSTEM 11/19/2003 122937 $1,145.94 36382 PHILLIPS WINE & SPIRIT 11/19/2003 2004638 $372.25 36382 PHILLIPS WINE & SPIRIT 11/19/2003 2004639 $779.88 36382 PHILLIPS WINE & SPIRIT 11/19/2003 2004639 $725.58 36383 QUALITY WINE & SPIRIT 11/19/2003 332255-00 $50.24 36383 QUALITY WINE & SPIRIT 11/19/2003 332276-00 $269.08 36383 QUALITY WINE & SPIRIT 11/19/2003 332376-00 $1,125.77 36383 QUALITY WINE & SPIRIT 11/19/2003 332376-00 $26.21 36385 SAM'S CLUB 11/19/2003 110303 $135.58 """~*~'''ffi:"'~'''J1i).l,~''li;~'~;:'_T,,~-'':~:'!i1j.:'~''''(-"''~:~;J.;;;,P~'"'~m;_""" ';.!"'~'~--;;;'~''?Ii~"~:,;",:",:,,,.it.~~..''!.i"-''~~~;:,);'-~~:I'j',YW'.;'\-:,'i;'":1i_.<:t:;.'tI!:.~~<<tt i~-:I't-~_~:1~~$~~^f'_:i~~"'t'~~\:,":!:", ~~sw~,,;u!u:~~.,,~~~"t11~-">1f,~'&:L:J1r.l~.I~<!"''-'f.'''' 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P~ie 20]5" Check # Vendor Name Description Check Date Invoice # Amount 36385 SAM'S CLUB 11/19/2003 110303 $58.65 .. 36385 SAM'S CLUB 11/19/2003 110303 $39.49 36387 SEABORNE ARCHITECT OCT SVCS 11/19/2003 5 $129.50 36388 SHOREWOOD TRUE VAL THERMOSTAT 11/19/2003 56899 $106.48 36388 SHOREWOOD TRUE VAL 11/19/2003 56977 $11.48 36388 SHOREWOOD TRUE VAL 11/19/2003 56987 $19.41 36388 SHOREWOOD TRUE VAL 11/19/2003 56988 ($5.05) 36388 SHOREWooD TRUE VAL 11/19/2003 56989 $21.62 36388 SHOREWOOD TRUE VAL 11/19/2003 56994 $6.38 36388 SHOREWOOD TRUE VAL 11/19/2003 57054 $6.16 36388 SHOREWOOD TRUE VAL 11/19/2003 57086 $5.30 36388 SHOREWOOD TRUE VAL 11/19/2003 57089 $1.48 36388 SHOREWOOD TRUE VAL 11/19/2003 57090 $2.12 36388 SHOREWOOD TRUE VAL 11/19/2003 57141 $4.66 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $19.99 36389 SWANDBY, DONALD OCT EXPENSESlMILEAG 11/19/2003 $32.63 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $41.05 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $89.65 36392 XCEL ENERGY 11/19/2003 0198-208- $396.83 36394 BELLBOY BAR SUPPLY 11/25/2003 37712600 $28.42 . 36394 BELLBOY BAR SUPPLY 11/25/2003 37712600 $37.00 36394 BELLBOY BAR SUPPLY 11/25/2003 37736500 $86.34 36395 BELLBOY CORPORATIO 11/2512003 27783300 $720.00 36395 BELLBOY CORPORATIO 11/25/2003 27783300 $1,297.20 36395 BELLBOY CORPORATIO 11/25/2003 27805500 ($75.30) 36395 BELLBOY CORPORATIO 11/25/2003 27837500 $2,824.97 36396 DAY DISTRIBUTING 11/2512003 240407 $516.60 36396 DAY DISTRIBUTING 11/25/2003 240407 $19.20 36396 DAY DISTRIBUTING 11/2512003 241281 $1,578.45 36396 DAY DISTRIBUTING 11/2512003 241281 $16.90 36397 EAST SIDE BEVERAGE 11/2512003 220444 $2,431.90 36397 EAST SIDE BEVERAGE 11/25/2003 220496 $4,932.25 36397 EAST SIDE BEVERAGE 11/25/2003 220496 $10.40 36400 GRIGGS, COOPER & CO 11/25/2003 795303 $1,284.44 36400 GRIGGS, COOPER & CO 11/2512003 796320 $600.68 36400 GRIGGS, COOPER & CO 11/25/2003 798624 $164.30 36400 GRIGGS, COOPER & CO 11/2512003 798760 $22.20 . 36400 GRIGGS, COOPER & CO 11/2512003 798927 $498.19 36400 GRIGGS, COOPER & CO 11/25/2003 799399 $1,775.58 36400 GRIGGS, COOPER & CO 11/25/2003 799399 $62.74 36402 JOHNSON BROS L1QUO 11/25/2003 1636211 $730.55 36402 JOHNSON BROS L1QUO 11/25/2003 1636211 $662.37 36402 JOHNSON BROS L1QUO 11/25/2003 1636211 $29.99 36402 JOHNSON BROS L1QUO 11/25/2003 1636847 $946.40 36403 LAKESHORE WEEKLY N ADS 11/25/2003 102981 $228.00 36405 MARK VII 11/2512003 602392 $1,258.40 36405 MARK VII 11/25/2003 602393 $93.00 36410 PAUSTIS WINE COMPAN 11/25/2003 8019704 $290.44 36411 PHILLIPS WINE & SPIRIT 11/25/2003 2007180 $88.00 36411 PHILLIPS WINE & SPIRIT 11/25/2003 2007181 $101.45 36411 PHILLIPS WINE & SPIRIT 11/25/2003 2007181 $393.00 36411 PHILLIPS WINE & SPIRIT 11/2512003 2007181 $95.75 36412 QWEST DEX 11/25/2003 01755032 $66.50 36413 SIGNSOURCE VINYL WINDOW GRAPHI 11/25/2003 31257 $153.90 36415 THORPE DISTRIBUTING 11/25/2003 315221 $3,010.67 36415 THORPE DISTRIBUTING 11/25/2003 315221 $13.15 !'1i:~7."ir.i;'::'c,;....1l:l!3::.:ff~~"j~~~W~1tat"..~Z't,i~z.e::.:-r~:'f.JiC","Q~:;;);;.";;;:;i:;:iX':;'nil::;r~~~~~~~:;::$f,t:;l.f.!Y..l.t~!:~;:t;(ti.,~;.v:~~!.t>.lt,i~;;a,~;;':~~:'_"f,~,;;:,j,a"': ;m.:~~,:i;:~~~~...x:c.:"!I/:rt~~f,::::t't;:~.::;;i?:U:.:I~:,;.T~~"U,;,~~:i~Ii.:(,S:~.Mi Wednesday, November 19, 2003 Page 3 of5 . . Check# Vendor Name Description Check Date Invoice # Amount 36415 THORPE DISTRIBUTING 11/25/2003 315222 $557.20 36415 THORPE DISTRIBUTING 11/25/2003 315591 $1,765.40 36415 THORPE DISTRIBUTING 11/25/2003 315854 $2,814.35 36415 THORPE DISTRIBUTING 11/25/2003 315854 $39.45 36416 TOTAL REGISTER SYST LABOR CHG TO MOVE S 11/25/2003 15928 $148.50 36416 TOTAL REGISTER SYST NEW WEDGE SCANNER 11/25/2003 15929 $420.68 36418 UNUM LIFE INSURANCE L TO PREM-DEC 2003 11/25/2003 $19.86 36419 VINIFERA MINNESOTA 11/25/2003 321722 $278.00 36421 WINE MERCHANTS 11/25/2003 84297 $330.85 TOTAL FOR 641 SHOREWOOD PLAZA UQUOR $55,974.54 36339 ARCTIC GLACIER INC 11/14/2003 46333070 $53.28 36346 MARLIN'S TRUCKING 11/14/2003 13816/47/ $84.15 36346 MARLIN'S TRUCKING 11/14/2003 13816/47/ $84.15 36350 aUALlTY WINE & SPIRIT 11/14/2003 329526-00 $629.06 36350 aUALlTY WINE & SPIRIT 11/14/2003 329526-00 $235.82 36360 EAST SIDE BEVERAGE 11/19/2003 220363 $964.05 36362 FLAHERTY'S HAPPY TY 11/19/2003 16817 $96.00 36365 HERMEL WHOLESALE 11/19/2003 442321 $479.84 36365 HERMEL WHOLESALE 11/19/2003 442321 $22.13 36368 JOHNSON BROS L1auo 11/19/2003 1632765 $1,932.80 36368 JOHNSON BROS L1auo 11/19/2003 1632765 $1,203.48 36368 JOHNSON BROS L1auo 11/19/2003 1632765 $23.99 36371 MARK VII 11/19/2003 599864 $1,782.50 36373 MIDWEST COCA-COLA B 11/19/2003 63267127 $85.85 36382 PHILLIPS WINE & SPIRIT 11/19/2003 2004637 $6.92 36382 PHILLIPS WINE & SPIRIT 11/19/2003 2004637 $645.25 36383 aUALlTY WINE & SPIRIT 11/19/2003 332375-00 $179.30 36383 aUALlTY WINE & SPIRIT 11/19/2003 332375-00 $511.27 36385 SAM'S CLUB 11/19/2003 110303 $58.65 36385 SAM'S CLUB 11/19/2003 110303 $39.49 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $41.06 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $20.00 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $32.63 36393 ALCOHOL & GAMBLING BUYERS CARD-2oo4 11/25/2003 $20.00 36394 BELLBOY BAR SUPPLY 11/25/2003 37712500 $7.97 36395 BELLBOY CORPORA TIO 11/25/2003 27783100 $476.65 36395 BELLBOY CORPORATIO 11/25/2003 27783100 $570.00 36395 BELLBOY CORPORATIO 11/25/2003 27805900 ($138.00) 36395 BELLBOY CORPORATIO 11/25/2003 27837400 $806.60 36396 DAY DISTRIBUTING 11/25/2003 240406 $326.00 36396 DAY DISTRIBUTING 11/25/2003 241280 $1,077.95 36397 EAST SIDE BEVERAGE 11/25/2003 220445 $20.80 36397 EAST SIDE BEVERAGE 11/25/2003 220445 $824.75 36399 GRAPE BEGINNINGS, IN 11/25/2003 59235 $319.00 36400 GRIGGS, COOPER & CO 11/25/2003 795305 $1,900.83 36400 GRIGGS, COOPER & CO 11/25/2003 796084 $27.84 36400 GRIGGS, COOPER & CO 11/25/2003 796321 $119.40 36400 GRIGGS, COOPER & CO 11/25/2003 798625 $164.30 36400 GRIGGS, COOPER & CO 11/25/2003 798928 $506.20 36400 GRIGGS, COOPER & CO 11/25/2003 799401 $1,177.36 36402 JOHNSON BROS L1auo 11/25/2003 1636210 $259.40 36402 JOHNSON BROS L1auo 11/25/2003 1636210 $321.56 36402 JOHNSON BROS L1auo 11/25/2003 1636846 $477.75 36403 LAKESHORE WEEKLY N ADS 11/25/2003 102981 $228.00 36405 MARK VII 11/25/2003 602402 $742.70 "'w;d';~~"d.:;~N;;;;;;b;;19:iOo;"""""''''''''','''CIiiW''c''~";z'''fU''''iiI'''TaK~;O:",'''''',;"'''''Y.'1=''''''fJ"'''''''':::'',-''''''''''''''_$'r'''';'''''''''''"''~~:'''~~:4":;]5 Check# Vendor Name Description Check Date Invoice # Amount 36410 PAUSTIS WINE COM PAN 11/25/2003 8019705 $106.97 36411 PHILLIPS WINE & SPIRIT 11/25/2003 2007179 $126.00 36411 PHILLIPS WINE & SPIRIT 11/25/2003 2007179 $777.30 36412 QWEST DEX 11/25/2003 01755032 $212.80 36415 THORPE DISTRIBUTING 11/25/2003 315219 $1,992.40 36415 THORPE DISTRIBUTING 11/25/2003 315734 $136.00 36415 THORPE DISTRIBUTING 11/25/2003 315853 $4,235.55 36415 THORPE DISTRIBUTING 11/25/2003 315853 $13.15 36418 UNUM LIFE INSURANCE L TO PREM-DEC 2003 11/25/2003 $22.15 36421 WINE MERCHANTS 11/25/2003 83801 $425.00 36421 WINE MERCHANTS 11/25/2003 84296 $421.00 36422 XCEL ENERGY 11/25/2003 06n -702- $495.94 TOTAL FOR 642 WATERFORD UQUOR $28,412.99 TOTAL CHECKS $309,500.35 . . E":~"i~,:i<r~,~,'h-'~5,f:::iI,;::,:rf:m-:-:~:i:~'.~;:~;~]:t.'~'1~~~l1<;;)1~'~'r;;1"l-~~::~i:::~~'n:~..!l.."t,~_;~~,t~~~;J'~'1C_r;~~::,;~ITi'~E.',\1!':~':;'i:.iir:J7~"::r1<.TIi'.~~;~:!E.;,;:i';:;';~Yi m::~~:t:N~~~':'-'~~~~~':':;;:r::.1t:Z':rz-r~,~~'fi: Wednesday, November 19,2003 Page 5 of5 - - Check Approval List for 11/24/03 Council Meeting Check # Vendor Name Description Check Date Invoice # Amount 36338 ADVANCED IMAGING SO NOV SVC 11/14/2003 14292 $215.07 TOTAL FOR ADVANCED IMAGING SOLUTIONS INC $215.07 36339 ARCTIC GLACIER INC 11/14/2003 46333070 $53.28 TOTAL FOR ARCTIC GLACIER INC $53.28 36340 BURTON, BONNIE MGFOA EXP/MILEAGE 11/14/2003 $94.29 TOTAL FOR BURTON, BONNIE $94.29 36341 CULLIGAN BOTTLED WA 11/14/2003 114X2609 $64.94 TOTAL FOR CULUGAN BOTTLED WATER $64.94 36342 ELKE, CATHERINE OCT/NOV MILEAGE-MGF 11/14/2003 $57.60 TOTAL FOR ELKE, CATHERINE $57.60 36343 EXTREME BEVERAGE 11/14/2003 159147 $32.00 TOTAL FOR EXTREME BEVERAGE $32.00 36344 FLAHERTY'S HAPPY TY 11/14/2003 16805 $120.00 TOTAL FOR FLAHERTY'S HAPPY TYME COM $120.00 36345 HOHENSTEINS INC 11/14/2003 317364 $199.00 TOTAL FOR HOHENSTEINS INC $199.00 36346 MARLIN'S TRUCKING 11/14/2003 13816/47/ $84.15 36346 MARLIN'S TRUCKING 11/14/2003 13816/47/ $84.15 36346 MARLIN'S TRUCKING 11/14/2003 13817/481 $115.20 36346 MARLIN'S TRUCKING 11/14/2003 13817/481 $115.20 TOTAL FOR MARUN'S TRUCKING $398.70 36347 MN SUN PUBLICATIONS MARSO VACATION 11/14/2003 646634 $53.62 TOTAl. FOR MN SUN PUBUCATIONS $53.62 36348 NGUYEN, MICHELLE MGFOA CLASS MILEAGE 11/14/2003 $50.82 TOTAL FOR NGUYEN, MICHELLE $50.82 36349 PAWS, CLAWS & HOOV OCT IMPOUNDSlNOV SV 11/14/2003 $133.13 TOTAL FOR PA WS, CLA WS & HOOVES PET $133.13 36350 QUALITY WINE & SPIRIT 11/1412003 329526-00 $235.82 36350 QUALITY WINE & SPIRIT 11/14/2003 329526-00 $629.06 36350 QUALITY WINE & SPIRIT 11/14/2003 329527-00 $131.07 36350 QUALITY WINE & SPIRIT 11/14/2003 329527-00 $215.82 36350 QUALITY WINE & SPIRIT 11/14/2003 329527-00 $1,718.04 36350 QUALITY WINE & SPIRIT 11/14/2003 329619-00 $1,016.24 TOTAL FOR QUAUTY WINE & SPIRITS CO $3,946.05 36351 AA EQUIPMENT CO L1Q#2 FLAT COOLER SHE 11/19/2003 98547 $87.22 TOTAL FOR AA EQUIPMENT CO $87.22 36352 AFSCME COUNCIL 14 DEC DENTAL PREM 11/19/2003 $304.50 TOTAL FOR AFSCME COUNCIL 14 $304.50 36353 ANCHOR PAPER COMPA NEWSLETTER PAPER 11/19/2003 14875650 $289.48 TOTAL FOR ANCHOR PAPER COMPANY $289.48 36354 ANDERSON, KRISTI B. 1 ST HALF NOV SVCS 11/19/2003 $150.00 36354 ANDERSON, KRISTI B. 1 ST HALF NOV SVCS 11/19/2003 $150.00 TOTAL FOR ANDERSON, KRISTI B. $300.00 36355 BIFFS, INC. RENTALS 11/19/2003 W207193- $609.10 TOTAL FOR BIFFS, INC. $609.10 36356 BRAUN PUMP & CONTR PUMP REPAIRS 11/19/2003 6265 $834.33 "w;':l::;~d";,;''''N::;~b~;;;19,''L20(J3''''''''''0t7:'';'=,,"='''';;'''''''''''"''''''':ffi<''~.''''';;''<2:''<<''''7:'''''i'iI<",<",;."<""",r;::-~~"',,,,_,;fJ.I'.'''''''"""""""''''''''$fJ:rn''''''' :2;;,,,,,,,,,=,,,e'''p;;;"'i'7;j'7 . Check# Vendor Name Description Check Date Invoice # Amount 36388 SHOREWOOD TRUE VAL 11/19/2003 56994 $6.38 36388 SHOREWOOD TRUE VAL 11/19/2003 57054 $6.16 36388 SHOREWOOD TRUE VAL 11/19/2003 57086 $5.30 36388 SHOREWOOD TRUE VAL 11/19/2003 57089 $1.48 36388 SHOREWOOD TRUE VAL 11/19/2003 57090 $2.12 36388 SHOREWOOD TRUE VAL 11/19/2003 57141 $4.66 TOTAL FOR SHORE WOOD TRUE VALUE $452.83 36389 SWANDBY, DONALD OCT EXPENSEs/MILEAG 11/19/2003 $19.99 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $20.00 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $32.63 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $32.63 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $41.05 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $41.06 36389 SWANDBY, DONALD OCT EXPENSES/MILEAG 11/19/2003 $89.65 TOTAL FOR SWANDBY, DONAW $277.01 36390 US POSTMASTER DEC NEWSLETTER 11/19/2003 $338.08 TOTAL FOR US POSTMASTER $338.08 36391 WM. MUELLER & SONS, I BLACKTOP 11/1912003 85184 $240.91 36391 WM. MUELLER & SONS, I BINDER ROCK 11/19/2003 85185 $108.53 36391 WM. MUELLER & SONS, I BLACKTOP 11/19/2003 85533 $954.09 36391 WM. MUELLER & SONS, I BLACKTOP 11/19/2003 86013 $956.78 36391 WM. MUELLER & SONS, I BLACKTOP 11/1912003 86157 $243.60 TOTAL FOR WM. MUELLER & SONS, INC. $2,503.91 36392 XCEL ENERGY 11/19/2003 0198-208- $396.83 36392 XCEL ENERGY 11/19/2003 0208-203- $27.62 36392 XCEL ENERGY 11/19/2003 1351-508- $656.49 36392 XCEL ENERGY 11/19/2003 2095-300- $1,596.06 TOTAL FOR XCEL ENERGY $2,677.00 36393 ALCOHOL & GAMBLING BUYERS CARD-2004 11125/2003 $20.00 TOTAL FOR ALCOHOL & GAMBLING ENFORCEMENT $20.00 36394 BELLBOY BAR SUPPLY 11125/2003 37712500 $7.97 36394 BELLBOY BAR SUPPLY 11125/2003 37712600 $28.42 36394 BELLBOY BAR SUPPLY 11/25/2003 37712600 $37.00 36394 BELLBOY BAR SUPPLY 11/25/2003 37736500 $86.34 TOTAL FOR BELLBOY BAR SUPPLY $159.73 36395 BELLBOY CORPORA TIO 11/25/2003 27783100 $476.65 36395 BELLBOY CORPORATIO 11/25/2003 27783100 $570.00 36395 BELLBOY CORPORATIO 11/25/2003 27783300 $720.00 36395 BELLBOY CORPORATIO 11/2512003 27783300 $1,297.20 36395 BELLBOY CORPORATIO 11/2512003 27805500 ($75.30) 36395 BELLBOY CORPORATIO 11/25/2003 27805900 ($138.00) 36395 BELLBOY CORPORATIO 11125/2003 27837400 $806.60 36395 BELLBOY CORPORATIO 11/25/2003 27837500 $2,824.97 TOTAL FOR BELLBOY CORPORATION $6,482.12 36396 DAY DISTRIBUTING 11/2512003 240406 $326.00 36396 DAY DISTRIBUTING 11/25/2003 240407 $19.20 36396 DAY DISTRIBUTING 11/25/2003 240407 $516.60 36396 DAY DISTRIBUTING 11/25/2003 241280 $1,077.95 36396 DAY DISTRIBUTING 11/25/2003 241281 $1,578.45 36396 DAY DISTRIBUTING 11/25/2003 241281 $16.90 TOTAL FOR DAY DISTRIBUTING $3,535.10 36397 EAST SIDE BEVERAGE 11/25/2003 220444 $2,431.90 36397 EAST SIDE BEVERAGE 11/25/2003 220445 $20.80 11/ - 'W~d;;:Sd;;;,"~~~";;,'b~;"li9:J20(J3""&ii""""'"'''t'''J:;;';;"''''''''''''''k""''''''<'.J'"".;"",.''::JJ'1I:..''''ri::''''':,'~'::fi<''''''W'!1''''''''''=C'''''''''",o<"~"'''''::''",.",'c,,,.''i'f<<C ~~'''''''''~'j:'=;P:zg~'''4C:::;;7 .. Check # Vendor Name Description Check Date Invoice # 36397 36397 36397 36398 36398 36399 . 36400 36400 36400 36400 36400 36400 36400 36400 36400 36400 36400 36400 36400 36401 36402 36402 36402 36402 36402 36402 36402 . 36403 36403 36404 36405 36405 36405 36406 36407 36408 36409 36410 EAST SIDE BEVERAGE 11/25/2003 220445 EAST SIDE BEVERAGE 11/25/2003 220496 EAST SIDE BEVERAGE 11/25/2003 220496 TOTAL FOR EAST SIDE BEVERAGE COMPAN EXCELSIOR FIRE DISTRI 4TH OTR FIRE SVCS 11/25/2003 EXCELSIOR FIRE DISTRI 4TH OTR FIRE SVCS 11/25/2003 TOTAL FOR EXCELSIOR FIRE DISTRICT GRAPE BEGINNINGS, IN 11/25/2003 59235 TOTAL FOR GRAPE BEGINNINGS, INC GRIGGS, COOPER & CO 11/25/2003 795303 GRIGGS, COOPER & CO 11/25/2003 795305 GRIGGS, COOPER & CO 11/25/2003 796084 GRIGGS, COOPER & CO 11/25/2003 796320 GRIGGS, COOPER & CO 11/25/2003 796321 GRIGGS, COOPER & CO 11/25/2003 798624 GRIGGS, COOPER & CO 11/25/2003 798625 GRIGGS, COOPER & CO 11/25/2003 798760 GRIGGS, COOPER & CO 11/25/2003 798927 GRIGGS, COOPER & CO 11/25/2003 798928 GRIGGS, COOPER & CO 11/25/2003 799399 GRIGGS, COOPER & CO 11/25/2003 799399 GRIGGS, COOPER & CO 11/25/2003 799401 TOTAL FOR GRIGGS, COOPER & COMPANY HAWKINS WATER TREA 11/25/2003 DM96245 TOTAL FOR HAWKINS WATER TREATMENT JOHNSON BROS L10UO 11/25/2003 1636210 JOHNSON BROS L10UO 11/25/2003 1636210 JOHNSON BROS L10UO 11/25/2003 1636211 JOHNSON BROS L10UO 11/25/2003 1636211 JOHNSON BROS L10UO 11/25/2003 1636211 JOHNSON BROS L10UO 11/25/2003 1636846 JOHNSON BROS L10UO 11/25/2003 1636847 TOTAL FOR JOHNSON BROS UQUOR CO. LAKESHORE WEEKLY N ADS 11/25/2003 102981 LAKESHORE WEEKLY N ADS 11/25/2003 102981 TOTAL FOR LAKESHORE WEEKLY NEWS LK MTKA CONSERV. DIS 4TH OTR LEVY PYMT 11/25/2003 TOTAL FOR LK MTKA CONSERV. DISTRICT 11/25/2003 602392 11/25/2003 602393 11/25/2003 602402 MARK VII MARK VII MARK VII TOTAL FOR MARK VII MERIT HTG & COOLING REPR WELL HOUSE HEA 11/25/2003 9518 TOTAL FOR MERIT HTG & COOUNG METRO COUNCIL ENVIR DECEMBER WASTEWAT 11/25/2003 764773 TOTAL FOR METRO COUNCIL ENVIRONMENT NORTHERN TOOL & EO SHOP SUPPLIES 11/25/2003 08983130 TOTAL FOR NORTHERN TOOL & EQUIP CO OFFICE MAX CREDIT PL APPRECIATION PARTY P 11/25/2003 4239J309 TOTAL FOR OFFICE MAX CREDIT PLAN PAUSTIS WINE COM PAN 11/25/2003 8019704 Amount $824.75 $10.40 $4,932.25 $8,220.10 $36,752.09 $60,425.48 $97,177.57 $319.00 $319.00 $1,284.44 $1,900.83 $27.84 $600.68 $119.40 $164.30 $164.30 $22.20 $498.19 $506.20 $62.74 $1,775.58 $1,177.36 $8,304.06 $40.00 $40.00 $259.40 $321.56 $29.99 $662.37 $730.55 $477.75 $946.40 $3,428.02 $228.00 $228.00 $456.00 $6,456.02 $6,456.02 $1,258.40 $93.00 $742.70 $2,094.10 $408.00 $408.00 $36,482.33 $36,482.33 $198.03 $198.03 $17.54 $17.54 $290.44 ~;;,~';~,~c""::~-"-'-:"-'-'''~',''rr~.'r'<t.~f'~'<'.~~-'-:.,-':,._.'".""""".":-._:<:_'_,"\1!'r,--<;,_.....'-."'~"',,.."!"'~r,':'",./,1!"~.:'i:~.,-"._~~:~~;z.;.i~-,,",~"""~.ll::,y-\._...,'...,..:';~,_ "'"'''''~i~..'C1~"....~_,.,~",';:.",~..,..:.,.,,.,:'~.:j'i'~~,'''''''...~-;'''~'~~1a'~'~~~$<'~::i:i~.iil':1~~~<.!'1'1ii.I..~",,~,"t~ W;d;';sd~yJ"o;;;;,"ije;-]_9,-200r~>...- ,~,- .- ..~. .-.. . "-,.----.-.-,.---~---.~--~ == ~>< - .. - - Pagi '5 of7 36410 Check # Vendor Name Description 36411 36411 36411 36411 36411 36411 36412 36412 36413 36414 36415 36415 36415 36415 36415 36415 36415 36415 36415 36415 36416 36416 36417 36418 36418 36418 36419 36420 36421 36421 36421 36422 36422 36422 36422 36422 36422 36422 36422 TOTALFOR QWESTDEX VINYL WINDOW GRAPHI TOTAL FOR SIGNSOURCE SO LK MTKA POLICE DE DEC MONTHLY BUDGET TOTAL FOR SO LK MTKA POLICE DEPT THORPE DISTRIBUTING 11/25/2003 315219 THORPE DISTRIBUTING 11/25/2003 315221 THORPE DISTRIBUTING 11/25/2003 315221 THORPE DISTRIBUTING 11/25/2003 315222 THORPE DISTRIBUTING 11/25/2003 315591 THORPE DISTRIBUTING 11/25/2003 315734 THORPE DISTRIBUTING 11/25/2003 315853 THORPE DISTRIBUTING 11/25/2003 315853 THORPE DISTRIBUTING 11/25/2003 315854 THORPE DISTRIBUTING 11/25/2003 315854 TOTAL FOR THORPE DISTRIBUTING COMPA TOTAL REGISTER SYST LABOR CHG TO MOVE S 11/25/2003 15928 TOTAL REGISTER SYST NEW WEDGE SCANNER 11/25/2003 15929 TOTAL FOR TOTAL REGISTER SYSTEMS TWINCITYWATERCLINI 11/25/2003 10405 TOTAL FOR TWIN CITY WATER CLINIC UNUM LIFE INSURANCE L TO PREM-DEC 2003 11/25/2003 UNUM LIFE INSURANCE L TO PREM-DEC 2003 11/25/2003 UNUM LIFE INSURANCE L TO PREM-DEC 2003 11/25/2003 TOTAL FOR UNUM LIFE INSURANCE CO VINIFERA MINNESOTA 11/25/2003 321722 TOTAL FOR VINIFERA MINNESOTA WASTE TECHNOLOGY, I FALL CLEANUP TOTAL FOR WASTE TECHNOWGY, INC. WINE MERCHANTS WINE MERCHANTS WINE MERCHANTS TOTAL FOR WINE MERCHANTS PAUSTIS WINE COM PAN TOTAL FOR PAUSTlS WINE COMPANY PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT PHILLIPS WINE & SPIRIT TOTAL FOR PHILLIPS WINE & SPIRITS aWEST DEX aWEST DEX SIGNSOURCE XCEL ENERGY XCEL ENERGY XCELENERGY XCEL ENERGY XCELENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY Check Date Invoice # 11/25/2003 8019705 11/25/2003 2007179 11/25/2003 2007179 11/25/2003 2007180 11/25/2003 2007181 11/25/2003 2007181 11/25/2003 2007181 11/25/2003 01755032 11/25/2003 01755032 11/25/2003 31257 11/25/2003 11/25/2003 80918 11/25/2003 83801 11/25/2003 84296 11/25/2003 84297 11/25/2003 0145-009- 11/25/2003 0408-607- 11/25/2003 0615-308- 11/25/2003 0677-702- 11/25/2003 1285-101- 11/25/2003 1373-808- 11/25/2003 1440-708- 11/25/2003 1564-303- Amount $106.97 $397.41 $126.00 $777.30 $88.00 $95.75 $101.45 $393.00 $1,581.50 $212.80 $66.50 $279.30 $153.90 $153.90 $51,977.00 $51,977.00 $1,992.40 $13.15 $3,010.67 $557.20 $1,765.40 $136.00 $13.15 $4,235.55 $39.45 $2,814.35 $14,577.32 $148.50 $420.68 $569.18 $60.00 $60.00 $19.86 $22.15 $273.44 $315.45 $278.00 $278.00 $6,267.60 $6,267.60 $425.00 $421.00 $330.85 $1,176.85 $11.62 $49.75 $3.14 $495.94 $15.38 $7.93 $180.59 $8.73 ~ . . W;d;~~~d~~:'N;;;';~:;"'1~io03';""'.""""""''''''''''''''':''X''ZJM=;~"=,"'''''""";'';:;;:''''"'''''"''''''''!I!",,,,,,,,=';',,~",-,,,,,,_w.=E'~~''''n''!d;iPI"'m:",u"''';'=-'''P~g:6'~;77 , . . Check # Vendor Name Description Check Date Invoice # Amount 36422 36422 36422 36422 XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY 11/25/2003 1605-305- 11/25/2003 1724-866- 11/25/2003 1732-704- 11/25/2003 2001-503- $79.30 $70.77 $2,415.91 $21.21 $3,360.27 $309,500.35 :" 1,';i;.:;;';:;::::;;''i;;;:",,!'2ili:',::E;;;:_'.;.::;.t_,'~;::;;':,:J-~:<~~,;;::,/; \'!~::.....-: '._::~":', ::;,;; :;;:::.-;;:,,~,,::~:.~J/:._~,~%~~::::t::;J;irll1:;~;::!;');,:.'~1:::'J;,;_",}:: ;:';.':'~';;',':,:i:.!::,K~"':i';i::,'::.!:;i'~'!}::';:' :;;;:::!'::'::l;:.:~;;;',;i:;':J' ':; ; ;.~,:'~:;::;,~::;,:,:::,~,::.~:::::.Z;.:,~;:,~:~:::;;:::;r,;':::.~,'.T:::_;'!.:{g:::;.;:j.3;;~~':.1S:! .~~:{i;;.::~!:~:::~,i:~"1<,;.::t;::.:!~';;t:;~.o':;'::';'..,""A::,:'.i_:';;;...~",,:rt..;:~!.."li;,";;.'1 Wednesday, November 19, 2003 Page 70{7 TOTAL FOR XCEL ENERGY TOTAL CHECKS , PAYROLL APPROVALS For 11/24/03 Council Meeting Prepared by: ()~ m, Daw:lI-/'h:J.]. Cathe~e Elk~, 81 A~untant Reviewed by: ~ ~ Date: /'If~ Bonnie Burton, Fi ce Director '"' Date: JI.I $. a3 awson, City Administrator . Payroll Register Check # Last Name First Name MI Check Amt Check Date 2451 BAILEY BOYD C 1,409.69 11/18/2003 2452 BURTON BONNIE M 2,010.90 11/18/2003 2453 DAVIS CHARLES S 1,094.02 11/18/2003 2454 EISCHENS JAMES E 896.37 11/18/2003 2455 ELI<E CATHERINE M 915.08 11/1812003 2456 FASCHING PATRICIA L 837.27 11/18/2003 2457 FIELD DALE F 696.76 11/18/2003 2458 GARFUNKEL JOHN J 184.70 11/18/2003 2459 GROUT TWILA R 902.98 11/18/2003 2460 HELLING PAMELA J 622.29 11/1812003 2461 HIRSCH DANA M 213.94 11/18/2003 2462 JOHNSON DENNIS D 1,098.25 11/18/2003 2463 LIZEE CHRISTINE G 184.70 11/1812003 . 2464 LUGOWSKI JOSEPH P 1,201.51 11/1812003 2465 MASON BRADLEY J 1,009.68 11/18/2003 2466 MOORE JULIE K 282.64 11/18/2003 2467 NGUYEN MICHELLE T 763.11 11/18/2003 2468 NIELSEN BRADLEY J 1,177.68 11/1812003 2469 PANCHYSHY JEAN M 1,352.63 11/18/2003 2470 PAZANDAK JOSEPH E 1,516.54 11/18/2003 2471 RANDALL DANIEL J 1,334.25 11/18/2003 2472 SCHMID CHRISTOPHER E 708.48 11/18/2003 2473 STARK BRUCE H 1,235.13 11/1812003 2474 SW ANDBY DONALD R 1,351.49 11/1812003 2475 TOWER TERRY R 1,024.48 11/1812003 2476 TURGEON LAURA 184.70 11/18/2003 . 2477 ZERBY MICHAEL S 184.70 11/18/2003 217989 ARMSTRON MICHAEL R 153.56 11/1812003 217990 BAKER RICHARD M 177.14 11/18/2003 217991 BROWN LAWRENCE A 2,033.73 11/18/2003 217992 DAWSON CRAIG W 1,817.51 11/1812003 217993 DUFFY DAVID C 101.25 11/18/2003 217994 HELGESEN PATRICIA R 1,134.29 11/1812003 217995 LATTERNER SUSAN M 265.72 11/18/2003 217996 LOVE CLIFFORD W 222.15 11/18/2003 217997 MAJESTIC JILL D 55.87 11/18/2003 217998 OLIVEIRA CHRISTOPHER L 178.49 11/1812003 217999 PARENT MICHELLE L 492.75 11/18/2003 218000 THURSTON DOROTHY M 301.72 11/18/2003 Total of Checks $31,328.15 Wednesday, November 19, 2003 Page 1 of1 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: November 18,2003 FROM: Honorable Mayor and Councilmembers _ Bonnie Burton, Finance Director~ - TO: CC: Annual Property & Liability Insurance Renewal Craig Dawson, City Administrator ~ RE: , Background The City's PropertylLiability Insurance package renewed on November 1, 2003. The City's municipal insurance coverage is through the League of Cities Insurance Trust. The total package renewal premium for next year is $81,020 compared with $78,759 last year. This municipal package includes property, liability, worker's compensation, liquor liability, bond, and umbrella coverage. Premium Summary We were pleased to learn that the proposed expense for the property and liability portion of the package remained constant ($44,232) from last year ($44,112). This suggests the City is doing a good job with risk management and loss control. A summary of the city's coverage is attached for your review. Please note the grand total for the package is $81,020 and the 2003 City budget allocated $87,700 across all funds for all lines. ft ~J PRINTED ON RECYCLED PAPER -#j8 I Page ..2.. Liquor Stores Continued Commerieal General Liability 51,000,000.00 General Aggregate 500,000.00 Each Occurrence Liquor Liability 500,000.00 Liability Limit 23720 Highway 7 19905 Highway 7 10,000.00 Money & Securities - Inside 10,000.00 Money & Securities - Outside $ 9,306.00 1058982 United Fire & Casualty 100,000.00 Public Employees Bond 100,000.00 Depositor's Forgery 11/1/03 - 11/1/04 $ 972.00 - 0200027622 Lea~ue of Minnesota Citities 11/1/03- 11/1104 Workmen's Compensation & Employer's Liability $1,000,000.00 Bodily Injury. Each Occurrence 1,000,000.00 Bodily Injury by Disease - Agreement Limit .See Attached Quote based on Estimated Annual Payrolls Indicated $20,029.00 **These payrolls have not yet been revised per the Renewal Data form you completed (copy attached) 906006-08506295-02 Auto Owners 11/1/03.. 11/1/04 60,989.00 Computer Equipment Per Schedule 6,500.00 Laptop 571.00 **Limit is being revised per your request. Premium will be adjusted when endorsement is Issued. f_/ II ~ .. . .- LMCIT LIABILITY COVERAGE - WAIVER FORM 4.. Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000., regardless of the number of claimants. If the city waives the statutory tort limits andpurchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. " ...... Claims to which the statutory municipal tort limits do not apply are not affected by this decision. . . .../".... This" decision must be Illade by the city co~ci1. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information; contact L~CIT. You may also wish to discuss these issues with your city attorney. The City of Shorewood accepts liability coverage limits of $ 1,750,000. from the League of Minnesota Cities InsuranceTrust (LMCIT). *1 n"cl udes $1,000,000. of Excess Coverage Check one: ~ The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. _ The city W AlVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position M41(ol( Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 Page 1 of 1 ~ i . . 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 Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: November 20, 2003 RE: Resolution Establishing No Parking on Smithtown Road and Portion of Strawberry Lane As part of the Smithtown Road project, ''No Parking" signs are to be installed along the length of Smithtown Road from County Club Road to the Victoria border on both the north and south sides of the roadway. This item establishes the no parking by resolution. Staff has witnessed, on several occasions, the overflow of parking from Smithtown Road in front of Minnewashta Elementary School onto Strawberry Lane. Having discussed this issue with several residents along Strawberry Lane, it is recommended that that portion of Strawberry Lane from Smithtown Road to the intersection of Strawberry Court also be posted as part of this resolution. Attachment 1 is a map identifying this area. Undoubtedly, while staff believes that this recommendation is necessary for safety of the area, this is bound to create parking issues for the Minnewashta School. It is the City's understanding that the school is to open up the rear parking area, north of the school, during special events and as parking needs dictate. Currently, it does not appear that this is the practice. Staff will communicate with the representatives of the school to insure that they are aware of the no parking restriction that is to be posted, and the expectations the City has regarding overflow parking accommodations. It should be mentioned that this item would be performed under a change order to the Smithtown Road Project. This change order will appear as a consent item on the next City Council agenda. Recommendation Staff is recommending approval of the resolution that establishes a No Parking restriction on Smithtown Road and a portion of Strawberry Lane. A resolution is attached for your consideration. n ~J PRINTED ON RECYCLED PAPER ~ t \ RESOLUTION NO. 03-_ A RESOLUTION PROHIBITING PARKING ALONG SMITHTOWN ROAD AND PORTIONS OF STRA WBERRY LANE WHEREAS, the design of Smithtown Road, from Country Club Road to the Victoria City boundary does not provide adequate pavement width for vehicles to safely park along Smithtown Road; and WHEREAS, vehicles parked along both sides of Strawberry Lane from the intersection of Smithtown Road and Strawberry Lane to the intersection of Strawberry Lane and Strawberry Court make passage difficult for emergency vehicles, school buses and the general public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that parking of vehicles is hereby prohibited on those portions of roadway described below: . 1. On Smithtown Road from the intersection of Smithtown Road and Country Club Road, west, to the Victoria City boundary. 2. On Strawberry Lane from the intersection of Smithtown Road and Strawberry Lane, to the intersection of Strawberry Lane and Strawberry Court. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of November. WOODY LOVE, MAYOR . ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR "-">'\, D A i \\-\. <"" - \" \ ~ , :~~~~~J } '... " ", " \ ...'....... '\.,.... ~ \. 1., ... '~ ~-----~~~'" I -\. '( ...., \(, -2..~. ....-"1 .'....\ \..... \ '\ .- ...." "., ------_\ --::::"'*.. ........... )..). '\ \ ~~ ~o i_\Jr\ \~ ~/l .,.''',.,~.... ~9. \ \' ~ ~~\ I~. ,..at:; .'.'.........4 :E '""I&.~Q~ ....., "\" ........ " 1 J --....... ~....\" 111 - ~~ I I I -<~~~-',)'.\~~\ \ /' "" I .,.,' '.... '. I r \ " ---"" ....., I .......... ~', ....,.. J LLI LLI 1 \,.'~ ;:;;l ~ I.'..........~ ...... ..." ....:E ,.\..\ ..........,.. L1 ( ~ t r" ,\, I. I H-.." :. .... '. I >- ".., \., \...1' '1 r I" _ ~ '\ ,(~...L-J...."'.Jl ..... .....-.- \. \ 'Ok I ...~ ... IJ::! .-v "'" ....\ CO u;.. ...... ", >7". '. \..... .........,,) ~~:I - .... ", II .... _'., .......... '00 I .... I ..""..... J rt ->'f .- cQ I- ~ tb~. " / \ ~JJ ..~.. \~~ . l \ ----io- a:: / ~ f-- I- tr;. \ \ /L 0 ,-..\ DRIVE _~ V 1\1 \ - 1 j I ~ :~ \\1\L HSfW ~ ~ I l--~ , Z I k- \, ""\ II ~ 'I@ "'" I! ....... ...\ \\ l _-.....",{ /,l.----\ I, ~ r- r . '\ \ \-.Y ~~.....-.. \c::. ,\'p J -.........--......... .... '.' "l...... tI!.. ...~ "- l. '\ --).'/''''"'''LL1 ~ ' r l \ ..,,'..... J ........,.".,J- .- -J -II .......... }.... a:: u ,/ / 11 5 a:: ,Il...... lOti "'" ( ~ ~ ,I \1 I=! I=! t-----...,l :2: :2: .' .... .............. \ ,I Q 0 '..~j Q. Q. .J "'J ) . . ~ ~ I 'U "l J l " r!I (" /i i' , " "'Il " I / . -II "'" I 'to,...... ...~..... , I -I> oJ ~ , ~ II 1 ~ I I '., I ~...... \, 11 It) / ,,__ \ II ... "".. 1~-~r~ \= ,./~, //1 II I} 0 _' "'I ~'" <'r -" .I I <'r _ .... :a- (" l I _ ( ~ lJP' l :.> :! tn'::nf - .... \ () ( _-J. por ,7.-1 I ~\ '5r J I ) tl ~ldItf /\ \1-u Y ~ '1 ..... r- \1'1 l / t C1' ~3E M ~ J L 1 o I a::: ... r- II I I I I r--~ <ll '-- '"', l - ,,....-.. , ,-- CI a Cftt DH.I: i) - - - ; Ii;;; - C r- - ...... I --cf r .... a::: U 0 >- C c2 ::. ] LLI ---t, 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 LA,.} November 19,2003 Agreement for Prosecution Services . The City of Shore wood 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 $100/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 ofthree 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 Shore wood, Tonka 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 #. t.~ PR'NTED 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$100.00 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. ~~ Kenneth N. Potts KNP/sb Enclosure '\, ,j i. 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: 20 November 2003 RE: AT&T - Addition of Antennas to Minnewashta Water Tower FILE NO. Property (5500 Old Market Road) AT &T proposes to add two more antennas to their current array on the Southeast Area Water Tower (see Request Letter - attached), The antennas are within the allowable number allowed by their existing conditional use permit and lease agreement. . Subject to the City Engmeer's approval of the construction plans and frequency intermodulation study, it is recommended that the Council approve the amendment to the lease agreement attached to the appli~ant's letter, If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting, Cc: Craig Dawson Tim Keane Larry Brown Steve Trueman #" '-~ PRINTED ON RECYCLED PAPER J:a~ ,- .1 October 20, 2003 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Attn: Brad Nielsen (planning Director) RE: AT&T Wireless site #MIN-042A I Spring Lake Park 5500 Old Market Road Shorewood,MN 55331 Dear Mr. Nielsen: As we discussed, AT&T Wireless, Inc.'s (A WS) communications facility, located at the above named address, is scheduled to upgrade its equipment The work scheduled will have minimal impact on the structure. A WS will be adding two (2) antennas at the same location as their existing antennas. This addition will not have any effect on further collocations for this structure, since all of A WS's antennas will remain at the same elevation. . There will be no change in the lease area and there will be no additional structures added at ground level. American Tower Corp. is the designated representative for the necessary upgrades and modifications. Acting on behalf of A WS, American Tower Corp. will be solely responsible for the integration and management of this project. I understand that this maintenance work will not require any further action on the part of the City of Shorewood with regards to zoning and permitting, and A WS can proceed with the work after we submit a request and engineering plans which the City Council will need . to approve and a lease amendment has been agree to. If you are in agreement with this, please note your approval by signing where indicated below. I can be reached at the number below. Thank you for your time and assistance. Very truly yours, Steve Trueman I for AT&T Wireless Site Acquisition Specialist American Tower Corp. 612-859-9787 Brad Nielsen Title: Planning Director Date: ....... . . FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT THIS FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT ("Amendment") is entered into on this day of , 2003, by and between The City of Shorewood, a Minnesota municipal corporation, having an office at 5755 Country Club Road, Shorewood, Minnesota 55331 ("Landlord") and AT&T Wireless Services of Minnesota, Inc. d/b/a AT&T Wireless, a Nevada corporation, having an office at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, as successor-in-interest to Minnesota Cellular Telephone company (d/b/a Cellular One) ("Tenant"). Whereas, Landlord and Tenant entered into a Water Tower Space Lease Agreement ("Lease") dated July 1,2002, which is incorporated herein and made a part hereof by reference, relating to the installation and operation of Tenant's wireless communications equipment on the Tenant owned water tower and property located at 5500 Old Market Road, Shorewood, MN 55331; and Whereas, Landlord and Tenant desire to amend the Lease to: (1) allow for the installation of two additional antennas and related coaxial cable; and Whereas, Landlord and Tenant hereby express their mutual desire and intent to amend the Tower/Land Lease Agreement. NOW, THEREFORE, In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, receipt of which is aclmowledged, Landlord and Tenant agree as follows: 1. The Lease is hereby amended to allow Tenant to add, and Landlord hereby approves the placement of, two (2) additional antennas (for a total of 11 antennas) including related equipment and cabling, as depicted on the attached Exhibit "A". 2. The monthly rent as stipulated in Section 3(a) is unaffected as the original lease provisions allow for up to a total of twelve (12) antennas including related equipment and cabling at the agreed upon lease amount. 3. All capitalized terms not herein defined shall have the same definitions as in the Lease. 4. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall take precedence. 5. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified, remains in full effect, and is incorporated and restated herein as if fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. MPLSMN1042/Shorewood .~ IN WITNESS WHEREOF, said parties have caused this First Amendment to Water Tower Space Lease Agreement to be executed as of the date first above written. LANDLORD: The City of Shorewood, a Minnesota municipal corporation By: Name: Woody Love Its: Mayor By: Name: Craig Dawson Its: City Administrator TENANT: AT&T Wireless Services of Minnesota, Inc., d/b/a AT&T Wireless, a Nevada Corporation By: Name: Its: . STATE OF MINNESOTA) COUNTY OF RAMSEY) )ss: On the _ day of , 200_ before me personally appeared Woody Love and Craig Dawson, and aclmowledged under oath that they are the Mayor and City Administrator, respectively, of the City of Shorewood, the Landlord named in the attached instrument, and as such were authorized to execute this instrument on behalf of the City of Shorewood. . Notary Public My Commission Expires: COUNTY OF ) ) )ss: STATE OF On the _ day of , 200_ before me personally appeared , and aclmowledged under oath that he is the of AT&T Wireless of Minnesota, Inc., known to me to be the person executing the foregoing document. Notary Public My Commission Expires: ... 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 p November 20, 2003 FROM: . DATE: RE: Authorize Expenditure of Funds for L.E.D. Conversion Project S.A.P.216-01O-07 Staff has received and tabulated quotes for the conversion of LED (light emitting diodes) for the signal systems along State Trunk Highway 7. Attachment 1 is the tabulation of the quotes. Quotes ranged from $27,768 to 19,649.68. Collisys provided the low quote. As mentioned during the plans and specifications review process, this project is to be funded utilizing state aid dollars. Recommendation . Staff is recommending approval of the resolution that awards the contract for the LED Signal Conversion Project to Collisys. A resolution is attached for your consideration. :::!t r') ~ Ur n ~.1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD TABULATION OF PROPOSALS L.E.D. CONVERSION PROJECT TH 7 2D-Nov-03 Egan McKay Electric ElM Killmer Electric Collisys Description Quantity Unit Cost Amount Unit Cost Amount Unit Cost Amount Unit Cost Amount Red Indications 30 $ 105.00 $ 3,150.00 $ 94.50 $ 2,835.00 $ 95.00 $ 2,850.00 66.16 $ 1,984.80 Yellow Indications 38 $ 112.00 $ 4,256.00 $ 101.25 $ 3,847.50 $ 96.00 $ 3,648.00 84.68 $ 3,217.84 Green Indications 38 $ 167.00 $ 6,346.00 $ 140.00 $ 5,320.00 $ 138.00 $ 5,244.00 112.83 $ 4,287.54 Red Arrow 9 $ 97.00 $ 873.00 $ 90.00 $ 810.00 $ 101.00 $ 909.00 61.5 $ 553.50 Yellow Arrow 21 $ 98.00 $ 2,058.00 $ 90.50 $ 1,900.50 $ 93.00 $ 1 ,953.00 62.08 $ 1,303.68 Green Arrow 21 $ 125.00 $ 2,625.00 $ 110.25 $ 2,315.25 $ 115.00 $ 2,415.00 82.5 $ 1,732.50 Pedestrian Indications 18 $ 470.00 $ 8,460.00 $ 250.00 $ 4,500.00 $ 305.00 $ 5,490.00 364.99 $ 6,569.82 $27,768.00 $ 21 ,528.25 $ 22,509.00 $19,649.68 I hereby certify that the above tabulation is an accurate representation ofthe proposal received. ~~/~ ~ . . ",~., -)-~ t . . CITY OF SHOREWOOD RESOLUTION NO. 03-_ A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR L.E.D. SIGNAL CONVERSION PROJECT S.A.P. TH 7 (216-010-07) WHEREAS, on October 27th, 2003 Plans and Specifications for the LED Signal Conversion Project were approved by the City of Shorewood; and WHEREAS, on November 20, 2003 proposals were received and tabulated, attached hereto as Exhibit A; and WHEREAS, the City Council has determined that Collisys, Inc. is the firm that has provided the low quote in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into contract with Collisys, Inc. in the name of the City of Shorewood, for the L.E.D Signal Conversion Project, S.A.P. 216-010-07 according to the plans and specifications therefore approved by the City Council on file in the office of the City Administrator/Clerk. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of November, 2003. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD TABULATION OF PROPOSALS L.E.D. CONVERSION PROJECT TH 7 20-Nov-03 Egan McKay Electric ElM I Killmer Electric Collisys Description Quantity Unit Cost Amount Unit Cost Amount Unit Cost Amount Unit Cost Amount Red Indications 30 $ 105.00 $ 3,150.00 $ 94.50 $ 2,835.00 $ 95.00 $ 2,850.00 66.16 $ 1,984.80 Yellow Indications 38 $ 112.00 $ 4,256.00 $ 101.25 $ 3,847.50 $ 96.00 $ 3,648.00 84.68 $ 3,217.84 Green Indications 38 $ 167.00 $ 6,346.00 $ 140.00 $ 5,320.00 $ 138.00 $ 5,244.00 112.83 $ 4,287.54 Red Arrow 9 $ 97.00 $ 873.00 $ 90.00 $ 810.00 $ 101.00 $ 909.00 61.5 $ 553.50 Yellow Arrow 21 $ 98.00 $ 2,058.00 $ 90.50 $ 1,900.50 $ 93.00 $ 1,953.00 62.08 $ 1,303.68 Green Arrow 21 $ 125.00 $ 2,625.00 $ 110.25 $ 2,315.25 $ 115.00 $ 2,415.00 82.5 $ 1,732.50 Pedestrian Indications 18 $ 470.00 $ 8,460.00 $ 250.00 $ 4,500.00 $ 305.00 $ 5,490.00 364.99 $ 6,569.82 $27,768.00 $21,528.25 $22,509.00 $19,649.68 I hereby certify that the above tabulation is an accurate representation 2=,re/;d ~ ~~n m >< J: ffi -I )> . . "..-;, . Larkin HoffY!~ Larkin Hoffman Daly & lindgren LteL 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 GI'WRAl: 952.835.3800 FA': 952-896-3333 WE'" www.larkinhoffman.com Memorandum Date: Mayor Woody Love Members of the City Council Craig Dawson, City Administrator Tim Keane, City Atto~ November 20, 2003 To: From: . 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 ofthe utility easement within the . previously vacated Maple Street right-of-way. 902670.1 #3G- . .~ 2800 LASALLE PLAZA 800 LASALLE AVENUE MINNEAPOLIS, 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. Please do not hesitate to contact us if you need any additional information. . Best regards. 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, L . . 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 ~ , 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: November 20, 2003 From: Hpnorable Mayor and City Council Memberfl. . ,. Bonnie Burton, Finance Director/Treasurer ~ Don Swandby, Liquor Operations Manager CC: Craig W. Dawson, City Administrator ~ 1) . To: Re: Staffing: Part-Time Liquor Clerks Activity at the municipal liquor stores has increased now that the remodeling project is completed and the new Cub Store is open. Accordingly, there is a need to increase the part-time staffing levels. Manager Don Swandby has accepted applications for this position and believes they will fulfill the requirements of the position satisfactorily. . Recommendation: Staff recommends that the following applicants be appointed to the position of Part- Time Liquor Clerk, at a starting pay rate of $8.50 per hour, subject to satisfactory reference and background checks, and a six-month probationary period: Daniel J. Melheim David C. Lockwood Keri J. Freienmuth n t..1 PRINTED ON RECYCLED PAPER :lf3H CITY OF SHOREWOOD , Position Liquor Store Part-time Clerk Objective and Scope: To assume the specific responsibilities and attempt to assist in attaining the goals and objectives of the liquor operation. Relationship: Reports to: Assistant Liquor Store Manager & Shift Lead Person Essential Job Functions: 1. Greets all customers upon entry to the store. Assists customers in selection of various brands of liquors, wines, etc.; advises on quantity of purchase for special occasions; and helps customers . with carry-outs if requested. 2. Operates electronic cash register to enter sales. Provides proper change to customer upon sale. 3. Verifies age of customers. Verifies information on checks for cashing and initials all checks. 4. Performs daily opening or closing procedures as follows: A. Opening the Store: . Run cash register reports . Set up cash register for opening . Perform work from previous night's operations including: filling out of daily sales reports from cash register summary take, preparing bank deposit, identify cash amounts B. Closing the Store: . Run evening register reports . Secure cash in safe . Turn lights off . Secure door and turn on alarm . 5. Performs restocking duties including: . Checking in deliveries on a daily basis . Verifying amount of delivery with packing slips presented . Stock items in the appropriate location in the storage area or cooler . Restock items in the proper place within the store . Stock floor displays as necessary 6. Maintains the premises both inside and out in a neat and clean condition at all times. 7. Makes recommendations to management on brands to be carried. 8. Performs periodic inventory of stock on hand. 9. Janitorial duties (vacuuming, dusting, garbage removal). , Liquor Store Part-time Clerk Page 2 Requirements: 1. Education - high school graduate. 2. Must be able to perform basic mathematical computations including addition, subtraction, multiplication and division. 3. Must have the ability to read and comprehend written information (examples: driver's license, credit cards, flyers, etc.) and written instructions (examples: memorandums, rebate offers, safety warnings, etc.). Desired Qualifications: 1. 2. . 3. 4. 5. 6. . Ability to handle public contact with tact and effectiveness in order to maintain good public relations. Ability to present self in a professional manner at all times. Must maintain a proper neat and clean appearance. Experience in operating a cash register. Knowledge of the various brands and common usage of liquors and merchandise sold in liquor store. Prefer a minimum of three years experience in retail operations. 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 and/or store equipment. The employee is frequently required to stand, walk, reach with hands and arms, climb or balance, and stoop, kneel, or crouch. Employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by job include close vision and the ability to adjust focus. 2. 3. 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 retail liquor store. 2. The noise level in the work environment is moderately noisy on an occasional basis. 3. Equipment typically operated includes cash register, inventory scanner and two wheel hand truck. 4. Subject to frequent exposure to cold temperatures by entering and exiting the cooler. 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. ~ CITY OF SHOREWOOD PLANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 5,2003 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Woodruff called the meeting to order at 7:06 P.M. ROLL CALL Present: Chair Bailey (arrived at 7:49 P.M.); Commissioners Borkon (arrived at 7:51 P.M.), Gagne, Packard, White, and Woodruff; Council Liaison Zerby, and Planning Director Nielsen Absent: Commissioner Pisula . APPROVAL OF MINUTES · October 21, 2003 Gagne moved, Packard seconded, Approving the October 21, 2003, Planning Commission Meeting Minutes as presented. Motion passed 4/0. 1. 7:00 P.M. PUBLIC HEARING - C.D.P. FOR COMMERCIAL OFFICE BUILDING Applicant: Dr. Kelly Bosworth Location: 6120 and 6140 Lake Linden Drive Chair Woodruff opened the Public Hearing at 7:08 P.M., noting the procedures utilized in a Public Hearing. . Director Nielsen explained Dr. Kelly Bosworth owned the two lots at 6120 and 6140 Lake Linden Drive. He proposed to expand the existing office building on the southerly lot in order to locate his dental practice there. Since offices were conditional uses in the R-C district, Dr. Kelly had applied for a Conditional Use Permit. Director Nielsen noted the properties were zoned R-C, Residential Commercial, and were both just over one acre in size. Surrounding land uses and zoning were single-family residential; zoned R-2A, Single and Two-Family Residential to the north; CUB Foods/Shorewood Village Center; zoned C-3, General Commercial to the East; an office building; zoned R-C to the South; and single-family residential; zoned R-IC, Single-Family Residential to the West. He went on to explain the subject properties ranged in elevation from 1006 on the south end to 974 on the north side, a difference of 32 feet. An empty office building occupied the southerly parcel (formerly Resource Recovery Services) and its two parking lots. The upper parking lot did not conform to zoning requirements. The building contained 2940 square feet of area. The north lot was vacant, covered by brushy vegetation with scattered with large deciduous trees, primarily cottonwood and ash. The applicant proposed to renovate and expand the existing building to 10,126 square feet of office space in two and one-half stories, plus an additional 1340 square feet of garage space in the rear. Since the applicant owned both lots, he had attempted to show how the entire site might be developed in the future. PLANNING COMMISSION MEETING MINUTES November 5, 2003 Page 2 of 8 .) The site plan also showed a second building, containing approximately 9200 square feet of area on two levels. Parking, access and drainage were shown for both sites. The applicant also proposed maintaining the residential character of the existing building, with pitched rooflines, lapped siding and fieldstone accents. Director Nielsen noted the applicant had submitted the application demonstrating the overall development of both sites. While this had merit, he noted, it was not clear how much of the development would take place as part of a first phase of construction. As a result, he stated he would analyze both sites with regard to issues of concern. Director Nielsen explained the R-C zoning district was established to create land use transitions between higher intensity activities (e.g. highways or commercial development) and lower intensity uses such as single-family residential. He noted the district to be quite restrictive, allowing two family dwellings as permitted uses, with other uses categorized as conditional. He also noted there were specific conditions set forth in the Zoning Code regarding offices in this district. Director Nielsen explained the applicant had submitted a revised site plan, however, there had not been . ample time to provide adequate review prior to the meeting this evening. He stated he believed the revised plans had attempted to remedy many areas of concern for the project, and he would note these areas where appropriate in his explanation this evening. Upon analysis, he went on to explain, the site plan showed 96 parking stalls, plus the six garage spaces. The required number of spaces for the two sites was 93. It was difficult to understand whether the south parking lot had adequate parking spaces when constructed on its own, thus, it was recommended that the parking lot configuration be redesigned to address the following issues: a. . The proposed entrance to the site has been moved approximately 20 feet to the south of its current location. Presumably this is to minimize grade and create some separation from the westerly entrance to CUB, across the street. b. The pullout "tail" at the south end of the southeasterly parking area was inadequate in depth. . c. With the exception of the common lot line between the two parcels, parking complied with zoning setbacks. The setback for the side lot line between the parcels was five feet. d. There were inadequate curb islands to control parking. The spaces in the westerly parking area simply "float"; relying only on striping that would become covered with snow in the winter. e. The 12 angled spaces in the north half of the westerly parking area dictated a one-way design. One of the spaces (#76) conflicts with the direction of the rest of the spaces. If angled parking is to be maintained, the direction should be reversed so that traffic entering the west lot goes in a counterclockwise direction. This directional flow was reversed in the revised plan. f. The two spaces adjacent to the north entry to the building required either backing in or a trip around the parking lot to go in forward. This was eliminated in revision, however, one-way signage was still needed. g. The dimensions of parking spaces and driveways were extremely tight, with many of the parking spaces not complying with the 18-foot depth requirement. PLANNING COMMISSION MEETING MINUTES November 5, 2003 Page 3 of 8 h. Driveway grades were shown at seven percent. The Zoning Code maximum for parking lots was five percent. Correction will undoubtedly require additional grading. This item was corrected in the revision submitted. 1. The north side garage door conflicted with the doors on the west side of the building. J. The northerly parking area required an extremely extensive retaining wall system. The plan suggested a grade separation of as much as 18 feet. The grade separation was changed to ten feet in the revision submitted. k. Parking appeared to be commingled between the two parcels. . With regard to issues of access, as mentioned above, the proposed driveway had been relocated 20 feet to the south of its current location. The driveway was shown at 24 feet. Consideration should be given to widening it to 24 feet. Joint access for the two parcels should be encouraged. Director Nielsen noted this item had been addressed in the revision submitted. With regard to providing buffering and landscaping of the site, the applicant proposed maintaining existing vegetation on the west and north sides of the site. Beyond that, he noted, very little additional landscaping had been proposed. This was one of the most important elements in maintaining compatibility between higher and lower intensity land uses. It was recommended the applicant hire a registered landscape architect to prepare a plan consistent with Shorewoocfs landscaping requirements. Fencing along the residential boundaries should also strongly be considered. Director Nielsen noted there were several areas related to special provisions of the Code that impacted the site plans. He stated hours of operation for commercial activities were limited to between the hours of 8:00 A.M and 9:00 P.M. With regard to noise, the applicant's plans did not indicate where h.v.a.c. equipment would be located. Consideration should be given to locating the equipment on the south side of the building, as far east as possible. The equipment should be contained/screened so as to minimize noise. Signage plans had not yet been submitted. . Upon analysis, Director Nielsen stated, there remained a number of design elements of concern regarding the submitted site plans. He stated he liked the design of the building as it had a north woods lodge appearance that maintained a residential character. While the applicant had submitted hardcover calculations for the site that were within the allowable hardcover range for the Code, the calculations were based on a previous site plan that had since changed. Additional site lighting was proposed for the rear parking areas. He went on to explain a detailed plan showing light levels in compliance with the Zoning Code should be required, along with details of the fixtures. Lighting should be low in height, downcast and hooded from neighboring residential properties. Lighting should be shut offbetween 9:30 P.M. and 7:30 A.M. With regard to drainage, Director Nielsen explained the City Engineer had indicated that the plans for drainage for the site were generally on the right track, although runoff calculations have not yet been received. The majority of runoff was being conducted to the southeasterly pond, and ultimately to the highway. Director Nielsen also noted the applicant had cooperated with the Shorewood Village Center to extend municipal water service to his two lots. Overall, Director Nielsen explained, the site plans submitted for consideration of the Conditional Use Permit, seemed to be appropriate, however, there were too many details of the project needing remedy or revision. For that reason, he stated, he recommended the matter be continued to the December 2, 2003, Planning Commission Meeting for further discussion and review. PLANNING COMMISSION MEETING MINUTES November 5, 2003 Page 4 of 8 Director Nielsen also stated he had met with several of the neighbors in the area that were concerned with the color of the exterior of the building, the service activities associated with the operations of the building, as well as the maintenance of the site, throughout construction and operation. He also noted the conformity to the American Disability Act that dictated the inclusion of an access ramp to the building. Dr. Kelly Bosworth, owner of the sites, stated he had submitted revised plans to Director Nielsen and had also brought the plans with him this evening, should anyone care to view them firsthand. He briefly reviewed the highlights of the changes to the originally submitted plans, noting he had tried to address areas of concern. He stated the HV AC equipment was being placed away from the neighbors; he had addressed issues of grade, road access, and parking spaces. He stated the exterior colors were to be neutral, including dark red, brown, and possibly a green roof with a log exterior. With regard to landscaping, he was planning to add more landscaping that would be considered more than adequate. He also stated he would be amenable to discussing fencing the site, if it was desirable to the neighbors. Dr. Bosworth also stated there were options available to him regarding the development of the northerly site. He had decided to share potential plans for both sites at this time in order to receive feedback fro the . Council and neighbors, however, he was only asking for the Conditional Use Permit to be considered for the southerly site to allow construction to begin on that phase of the project. He stated he would return with plans for the northerly site after more discussions with neighboring property owners and Director Nielsen. Karen Boynton, 6155 Riviera Lane, stated she thought the plans demonstrated a beautiful building, however, she would like to see fencing and landscaping added to the site. She stated many of the trees on the site currently were deciduous. Furthermore, she stated she would like to see maintenance plans for the site. Carl Bost, 6090 Lake Linden Drive, stated he was the property owner adjacent to the site on the north, and he was concerned for increased traffic needed to support the 93 parking spaces planned for the site. Andrew Fisher, 6175 Riviera Lane, stated he was also concerned with the increased traffic to merit 93 parking spaces on the site. He stated he was concerned with the overall size of the building planned, as well as the landscaping. He stated he would like to see additional landscaping on the site, as well as . fencing in the plans. Furthermore, he stated he was concerned with the sight lines from all levels of the building, and he wondered if berms could be places around the site to mitigate these concerns. He also stated he was concerned for the ponding on the site, and certainly, did not wish to see a pond planned for the westerly side of the property near other residences. Chair Bailey arrived at 7:49 P.M. Rob Meece, 6185 Riviera Lane, stated he appreciated the efforts of Dr. Bosworth in asking for the input from the neighbors regarding the site plans. He stated he would like to see fencing and landscaping of the site as the car lights currently shine in his home at various points in the day. Commissioner Borkon arrived at 7:51 P.M. Nancy Meece, 6185 Riviera Lane, stated she was also concerned about the landscaping of the site. She stated she had been hearing a choice of either fencing or landscaping, and she wanted to advocate utilizing both to minimize visual impact from the site. A solid barrier would prevent pedestrian traffic from cutting through the site to the Shorewood Village Shopping Center and would also provide a visual barrier as well. PLANNING COMMISSION MEETING MINUTES November 5, 2003 Page 5 of8 Chair Woodruff closed the Public Testimony portion of the Public Hearing at 7:53 P.M. Commissioner Packard questioned the use of the building. Dr. Bosworth explained its purpose would be to house medical and dental offices. Commissioner White questioned the rationale for the number of parking spaces. Director Nielsen explained it was based on the building size and use. Commissioner Gagne stated he liked the residential character of the design. Commissioner Packard agreed. In response to Commissioner White's question, Dr. Bosworth explained the six garage spaces were for his office staff for parking. Commissioner Woodruff clarifIed issues regarding the building height, lighting, ponding on site, and service activity for the operation of the building. . Council Liaison Zerby questioned the mathematical calculations utilized by Director Nielsen in arriving at the necessary 93 parking spaces. After a bit of discussion, Director Nielsen stated he would recalculate the numbers at a later time and report his fIndings back to the Commission. Gagne moved, Packard seconded, Continuing the Request for Conditional Use Permit for Dr. Kelly Bosworth, 6120 and 6140 Lake Linden Drive, to the December 2, 2003, Planning Commission Meeting. Acting Chair Woodruff stated she would like to see the revised plans for the December 2,2003, Planning Commission Meeting to include a cross sectional diagram of landscaping as it related to sight lines from car headlights and the surrounding properties, as well as a plan for lighting and landscaping for the site. Motion passed 6/0. Acting Chair Woodruff returned control of the meeting to Chair Bailey at 8:08 P.M. . 2. MINOR SUBDMSION/COMBINATION Apl;)licant: Schwarz Bldrs., Inc. Location: 24140 Yellowstone Trail and Adjacent Lot 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-IA 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. PLANNING COMMISSION MEETING MINUTES November 5, 2003 Page 6 of 8 .. Director Nielsen recommended approval of the division and combination, subject to the following: 1. The applicant must provide deeds for drainage and utility easements, 10 feet around the perimeter of each lot. 2. The conservation easement should be expanded to encompass the wetland buffer area. The applicant must provide a deed for the conservation easement. 3. The applicant must have the wetland buffer staked using wetland stakes as required by the City. 4. The applicant must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 5. The applicant must record the division and easements within 30 days of receipt of the Council resolution approving the request. 6. Tree preservation and reforestation should be addressed with the building permit for the new lot. 7. Recent Fire Code requirements dictate the new house would have to have a sprinkler system, as it would be more than 150 feet back from the street. Kurt Schwarz, owner of the property, stated he was a small custom builder whose goal was to build fine custom homes in nice neighborhood such as this one. He stated the proposed driveway allowed for better . sight lines when entering and exiting the site. He also stated he would be remodeling and remarketing the existing home on the property, and would most likely live in the home to built on the other lot, as he thought the wetlands added beauty to the property. In response to Commissioner White's question, he explained the new home to be built would be 1300-1500 square feet, and would fit the privacy of the lot. Chair Bailey questioned the need for a retaining wall near the proposed driveway due to steep grades. He also expressed concern for creating a flag lot in this case. Woodruff moved, Gagne seconded, Approving a Minor Subdivision and Combination, subject to Staff Recommendations, for Schwarz Bldrs., Inc., 24140 Yellowstone Trail and Adjacent Lot. Motion passed 6/0. 3. MINOR SUBDIVISION/COMBINATION Applicant: Kay Ellen 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 ion 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. Kay Ellen Triden stated the Board of the Amesbury Homes Association had agreed to convey eight feet to her. She stated she would be turning her deck into a three-season porch with her neighbors' knowledge and support of her project. Commissioner Woodruff questioned the potential implications for approval of this situation as it related to the other units on the property. Ms. Triden explained her building was among the last to be built on the property. For reasons unknown to her, there were incremental encroachments of similar nature to her situation with other unit lot lines for her building. Director Nielsen stated it would be wise to have the Amesbury Homes Association view all unit lot lines and submit a replat for all. Gagne moved, Borkon seconded, Recommending Approval of a Minor Subdivision and Combination for Kay Ellen Triden, 4975 Kensington Gate. PLANNING COMMISSION MEETING MINUTES November 5, 2003 Page 7 of8 Ms. Triden clarified her need for a survey and legal description for the resolution granting approval of this request prior to consideration of Council. Commissioner Gagne called the question. Motion passed 6/0. 4. BUILDING MOVING PERMIT Applicant: Our Savior's Luther Church Location: 23290 Highway 7 . Director Nielsen explained that in January 2001 Our Savior's Church amended their conditional use permit to add the community center/gymnasium to their building. The site plan approved included a proposed utility building located in the northeast corner of the parking lot. The Church had an opportunity to acquire an existing garage, currently located in Minnetonka. The garage measured 24' x 38' and fit into the space originally set aside on the plan. Shorewood's Building Moving Code was originally intended to address the moving of houses into the community. As written, however, any building moved into the City must comply. The Code focused on three issues: 1) quality of the structure; 2) zoning aspects (i.e. setbacks, height, etc.); and 3) the route over which the structure will be moved. Director Nielsen then reviewed how this matter complied with the Code. He noted the Building Official had inspected the structure and had suggested a couple of technical corrections, such as additional bracing, and Electrical Code compliance. Overall, the building was relatively new (4-5 years) and in very good condition. He also noted the building fit very nicely into the space originally proposed for a building. It should be noted that the building would be blocked until next spring, after which a permanent foundation would be constructed. Due to its low height, power lines were not considered to be an issue, nor was the planned route for moving the structure, as the building would be moved in on Highway 7, then directly onto the service road and onto the church property. . Chair Bailey expressed concern for the storage items currently being stored on the location of the proposed garage. He suggested a stipulation be placed upon the permit that the items currently being stored outside be moved inside. Woodruff moved, Gagne seconded, Recommended Approval of a Building Moving Permit, subject to the stipulation that non-conforming items currently being stored outside would be stored inside, for Our Savior's Lutheran Church, 23290 Highway 7. Motion passed 6/0. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated the County Road 19 Corridor Study and Review of the Comprehensive Plan Chapters was slated for the November 18,2003, Planning Commission Study Session Meeting Agenda. PLANNING COMMISSION MEETING MINUTES November 5, 2003 Page 8 of8 7. REPORTS · Liaison to Councn Commissioner Woodruff reported on matters considered and actions taken at the October 27, 2003, Regular City Council Meeting (as detailed in the minutes of that meeting). · SLUC No report was given on this item. · Other No other business was presented this evening. 8. ADJOURNMENT . Woodruff moved, Packard seconded, Adjourning the Planning Commission Meeting of November 5,2003, at 9:11 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED. Sally Keefe Recording Secretary . -- CITY OF SHOREWOOD PARK COMMISSION MEETING WEDNESDAY, NOVEMBER 12, 2003 5755 COUNTRY CLUB ROAD CITY HALL 7:00 P.M. ~ MINUTES CONVENE PARK COMMISSION MEETING DRAFT 1. A. Roll Call Chair Arnst, Commissioners Young, Meyer, Davis, Callies, and Gilbertson; City Engineer Brown Present: B. Review Agenda !lema SA, discussion of the Park Foundation Newsletter submission, and Item SB, Resignation of Commissioner Palesch, were added to the agenda. Davis moved, Callies seconded, Approving the Agenda as amended. Motion passed 6/0. 2. APPROVAL OF MINUTES Meyer moved, Gilbertson seconded, to approve the M1nntes of Sop_ber 9, 2003, as submitted. Motion passed 6/0. A. Park Commission Meeting Minutes of September 9, 2003 , Callies moved, Gilbertson seconded, approving the Minutes of the September 11, 2003, Joint Park Commission and Park Fonndation meeting as presented. Motion passed 6/0, B. Joint Park Commission and Park Foundation Meeting Minutes of September 11, 2003 3. MATTERS FROM THE FLOOR There were none. 4 4. REPORTS A. Report on Feasibility of Wetland Area in Freeman Park Davis distributed a map and photoS of tbe proposed wetland area in Freeman Park. She reviewed the planning and execution wish list, which included a landscape wish 1is~ partnership pool, timeline and action calendar. Davis stated that two things are yet to he determined, including the potential to videotape the progress for cable access, as has been done in Scott County, and ongoing investigation of grant and funding avenues. She mentioned that Technician Bailey was making excellent progress investigating funding avenues in house. Davis indicated that the wish list would also include ponding, educational, and planting elements. Brown pointed out that by pursuing ponding for the wetland project, the Commission opeus other funding opportunities to pursue with the DNR and MCWD, etc. Callies questioned why the city would choose to videotape the process. -iF J - PARK COMMISSION MINUTES WEDNESDAY, NOVEMBER 12, 2003 PAGE 6 OF 8 Chair Arnst indicated that she would identify the level of energy, commitment, and vision for the event and report back. Young suggested she postpone making additional contact with the seniors until we determine whether the Commission wishes to proceed. He did not wish to get the Friends excited in anticipation of an event until more thought has been devoted to it at the Commission level. Callies agreed, urging the Commission to consider why it would be participating in this event. She believed if more emphasis could be placed on parks as a whole it would be a worthy endeavor. Brown queried the Commission what they felt some of the future programs of parks could be. He indicated that, typically, programs come through the parks and the Commission. He questioned if the Commission believed that parks were more than just their infrastructure, and should be used to build community and fulfill their vision. ~ Young pointed out that the dog show could be just one aspect of the community event and, in fact, they were not locked into doing a dog show at all. Chair Arnst believed further discussion was necessary to define the vision and learn more about programming for the parks for next year. Gilbertson stated that, in his opinion, parks were far more than infrastructure and should be viewed as a benefit for promoting programs. 7. REVIEW CONCESSIONAIRE CONTRACT FOR 2004 A. Discuss Clarifying Language Brown reported that Concessionaire Davis had done an excellent job for the City this past year; however, in an effort to dispose of product at the end of the season, Davis offered an honor box of treats to the City. After the products were gone, Davis turned the money over to the City and requested his portion of the profits. This created some debate at staff level, since the product belonged to the City and the contracted services had expired. Due to the misunderstanding this year, Brown presented the Commission with clarifications to the contract which would include one of three options for remaining product next year. The options included, the City retains ownership of the product and disposes of them as it sees fit; the vendor can be given the opportunity to sell the product in a manner approved of by the City; or, the product could simply be disposed of at the end of the season. Brown asked the Commission for their feedback. ~_. Gilbertson asked if the City would have approved the same path as was taken by the Concessionaire, and if so, option 1 would make the most sense. Young stated that had the City approved this method, he would like to see the vendor entitled to his percentage. He questioned what manner the vendor should have taken in light of the fact there was no direction given in the contract. ~ Brown stated that some individuals believed the product belonged to the City and should not have been sold at all. \ PARK COMMISSION MINUTES WEDNESDAY, NOVEMBER 12, 2003 PAGE70F8 Gilbertson stated that, in his mind, the vendor took care of a problem and eliminated the product before spoiling occurred. Brown stated that the books for concessions had been closed for the season, but both the City and vendor profited from the sale. Young questioned whether a verbal agreement would be adequate. Brown stated that clarification needed to be made to the contract to this regard. Chair Arnst stated that she believed the Concessionaire lived up to the City's expectations entirely and believed this was a resourceful way of disposing of the product. . B. Discuss Level of Expectation for Services C. Consider Expanding to Sundays Meyer requested that the contract require the concessionaire to be open on weekends when something is scheduled. For example, girl's softball plays on Sundays; therefore, the concessions should be open for those participants. Gilbertson asked if weekend operations were difficult. Brown stated that, while weekends for Davis were not an option, they had not investigated the opportunity to hire a subcontractor for weekends. Gilbertson indicated that the hours of operation should be posted for weekends. . Meyer reiterated the need to provide service on weekends, even on a shortened schedule. She also suggested the vendor sign and return the contract by a reasonable date just in case the City is forced to find an alternate vendor. 8. DETERMINE LIAISON FOR NOVEMBER AND DECEMBER CITY COUNCIL MEETINGS November - Davis December - to be determined A. Newsletter Submission on Behalf of the Park Foundation While figures for the Foundation's Craft Show were not yet available, Callies reported that many of the vendors were disappointed with the lack of traffic generated by the event. Callies shared an article submitted by the Park Foundation and asked for the Commissioners feedback. Chair Arnst stated that she believed that she had seen portions of the article published elsewhere. She questioned whether the article went far enough to distinguish the Park Commission from the PARK COMMISSION MINUTES WEDNESDAY, NOVEMBER 12, 2003 PAGE 8 OF 8 I Park Foundation. As they have two separate purposes, she felt they should not be referenced as one body. Callies suggested the Foundation follow-up this article with a second article distinguishing themselves from the Commission and explaining their mission. Meyer stated that the article did little to promote fundraising, which is the Foundations priority. Gilbertson felt it went far enough in distinguishing the two organizations. He didn't feel it was misleading, although he believed clarification could be made as to why someone might wish to call the groups. While not wishing to be antagonistic, Young questioned the purpose of the article. He felt it failed to ask for any action from the reader and did little to share new information. Callies stated that, it seemed to her, the Commission should be working more with the Foundation. . Chair Arnst disagreed, stating that each organization has a separate mission to fulfill that it should focus its attention on. Callies stated that she would relay to the Foundation to write a second article about what the Foundation does and how its mission differs from that of the Park Commission. B. Resignation of Commissioner Palesch Chair Arnst stated that Commissioner Palesch regrettably was forced to resign due to a new job and family issues. 9. NEW BUSINESS . December 9,2003, will be a Park Commission work session. 10. ADJOURNMENT Gilbertson moved, Callies seconded, to adjourn the Park Commission Meeting of November 12, 2003, at 9:00 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED. Kristi B. Anderson 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@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 03 November 2004 RE: Schwarz Builders, Inc. - Lot Line Rearrangement FILE NO.: 405(03.31) BACKGROUND . Schwarz Builders has purchased the property at 24140 Yellowstone Trail and the vacant lot next to it (see Site Location map - Exhibit A, attached). They have requested a minor subdivision and combination, as shown on Exhibit B, to rearrange the lot lines between the two parcels. The subject properties are zoned R-IA, Single-Family Residential and contain a total of 3.32 acres. The easterly parcel is occupied by a single-family dwelling and wraps around the north side of the vacant parcel. The vacant parcel is almost entirely wetland, with the exception of the southeast comer. The applicant proposes to rearrange the lot lines in order to create buildable area for the westerly lot. As proposed, the westerly parcel will contain 100,782 square feet of area (2.31 acres). The easterly parcel will contain 43,800 square feet (1.01 acres). ANALYSIS/RECOMMENDATION Both of the proposed lots comply with the area, width and depth requirements of the R- IA zoning district. To avoid disturbing the wetland area, the applicants propose to serve both properties with a common driveway on the east side ofthe site. The driveway serving the existing home will be removed. #11- ~J PRINTED ON RECYCLED PAPER #8.A I Memorandum Re: Schwarz Lot Line Rearrangement 3 November 2003 The proposed division and combination is considered a good solution to the development of this property, versus filling and mitigating the wetland. The applicants show how a hom.e can be constructed on the new lot, observing the City's wetland buffer and setback requirements. It is recommended that the division/com.bination be approved, subject to the following: 1. The applicant must provide deeds for drainage and utility easements, 10 feet around the perimeter of each lot. 2. The conservation easement shown on Exhibit B should be expanded to encompass the wetland buffer area. The applicant must provide a deed for the conservation easement. . 3. The applicant must have the wetland buffer staked using wetland stakes as required by the City. 4. Since no additional lots are being created, local sanitary sewer access charges and park dedication fees do not apply. 5. The applicant must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 6. The applicant must record the division and easement within 30 days of receipt of the Council resolution approving the request. 7. Since the division itself does not require the removal of any trees, tree preservation and reforestation should be addressed with the building permit for the new lot. . 8. Recent Fire Code requirements dictate that the new home will have to be sprinklered, because it is more than 150 feet back from the street. Cc: Craig Dawson Tim Keane Larry Brown Kurt Schwarz -2- :;; 1 Q. ~ ~ ~ ... Gl 'E! 0 .a 0 (..) ... Gl ~ ftI ~ c '5. Gl c C Gl :r:: 110 S o~ 8 :z~ ~ o \\l S III d Exhibit A SITE LOCATION Schwarz -lot hne rearrangement .. ~ ~ i i ~ ~ ~ ! t ~'~'ll'\ ! . l-ert- ~\,,~ 1 ~ t 'll ~ ~. ~ ~ '" i \ , I I \ ...... ...... ...... ------- . il~~~ N t " /)enoltts bTPI MDllumMt 1> f)MO'oIS iHih"fy PoM o tJ6no'u AltlnhoM --- ~,,---- 1m 71' ttnd it; -ko/ PI_ ---? ~' ~~ /"" J72.1 {,...--_ , , - , \ - / : " ~ " g.J.J - -~ ./ -------- I _- I _- I _- --1--- - - - -HAROCOYE"H: P.M'l:'CZ A - 0'ISI7NtS.. H.r8., tior., IJ<<k: Cane., BIt~ Sn"ck: To(ol' pt1~ - '" Exhibit B PROPOSED DI V ISlUN/COMBINA TION -" f..9.51.fJ !Sq. n. 5,716.Q Sf{. n. 7.6'67.Q Sf{. n. ".1 6O(J. ao Sf{. It. _" ~ /WI: II,"""" t:tIf"!."nuU7g'. 4 ':.... 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: 20 November 2003 RE: Triden, Kay -Minor Subdivision/Combination FILE NO. 405(03.34) BACKGROUND . Ms. Kay Triden owns a townhouse at 4975 Kensington Gate (See Site Location map - Exhibit A, attached). She applied recently for a building permit to construct a room addition in place of an existing deteriorating deck on the back of her home, only to discover that the deck actually extended off of her unit lot by approximately eight feet (see Exhibt B). She subsequently approached the Board of Director's for the Amesbury Homeowner's Association about conveying a portion of the common area to be combined with her lot. Exhibit C indicates that the Association is willing to make such a conveyance. She now requests a minor subdivision and combination from the City in order to complete the transaction. Amesbury is zoned P.U.D., Planned Unit Development. ANAL YSISIRECOMMENDATION Cases like this have cropped up occasionally over the years in the Amesbury P.U.D., due in part to a practice of not requiring surveys at the time the original units were being built. The conveyance does not adversely affect the common area and observes the required setback from Manor Road. It is recommended that the request be approved, subject to the applicant recording the resolution within 30 days of her receipt thereof. Cc: Craig Dawson Tim Keane Kay Triden 'If ~J PRINTED ON RECYCLED PAPER "Be C 0.> > co .r:. C- o.> 1; 0.> ~ 0% o .-' :z;~ \))COrn \)) <$> OJ CD ~ 1;, ~ o \II o Oll S>li!lM Exhibit A TION . . SITE LOCA ubdivisionlcombmation Tnden mInor s (f) 1':::,. 0 c;1 I" tD~ ~ mO ~.) 0 '0 - > 0- '"tJ (.lJ 00 Z ~ ~ ~ III ....... 1"'1 0 ...... UJ Q 0 ~ :E ('1'1. ~~ ~ x ('1'1 Vi x ::l ~~ Vi z ::l (j) ~~ Z tD (j) C ~~ (T1 tD X 5 Vi c ~~ ::l 5 z z (j) (j) z (j) tD C j= 0 z ~ (j) t-..,)~ ~Q ~~ ~b= x O;:+p:: 0:::;-- ,="oog ~ l',J~ ..... 0. en ..... Cil I>> o a:; -, t"'+..:;c... ::;;'Cil (") (") cr. ~ ::J 0 0 Co _g.....(\) 0.. ~~s=-ClJf}; ::;;'00 0 '=" Cil 0 c: 0 ~- OJ _ :>o~ :r. .- 28.00 -, i \ i \ '- 28.00 N 82'00'00" E DECK 0 I 28.00 S 82"00'00" W t:;, ~----- ~ \. ~ ~ '.,JJ ..... '..... ..... 01:;;.. / -' t.., 0 'r-. / Exhibit B PROPERTY SURVEY I" t:;- October 12,2003 City of Shorewood Attention: Brad Nielson 5755 Country Club Road Shorewood, MN 55331 . To the City of Shorewood: The Amesbury Homes Association Board of Directors has agreed to convey a portion of the common area under the deck of 4975 Kensington Gate to Kay Ellen Triden. The portion being conveyed is an 8' by 28' parcel located behind the unit on Lot 3, Block 2, Amesbury 12th Addition. f~ S~f-V-. Paula Sanford President Amesbury Homes Assn. . Exhibit C APPLICANT'S REQUEST LETTER CITY OF SHOREWOOD RESOLUTION NO. 03-_ A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR KAY TRIDEN WHEREAS, Kay Triden (Applicant) is the owner of certain real property located in the City of Shorewood, legally described as: "Lot 3, Block 2, Amesbury 12th Addition, Hennepin County, Minnesota"; and WHEREAS, the Amesbury Homes Association Board of Directors (the Board) is the owner of certain real property located in the City of Shorewood, legally described as: "Outlot B, Amesbury 12th Addition, Hennepin County, Minnesota: and . WHEREAS, the Applicant and the Board have agreed to rearrange the property line between their respective properties, resulting in two parcels legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination proposed by the Applicant and the Board complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real properties legally described above be divided into two parcels, legally described in Exhibit A, attached hereto and made a part hereof. . 2. The City Clerk shall furnish the Applicant with a certified copy of this resolution for recording purposes. 3. The Applicant shall record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of February 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK TRIDENPARCEL Lot 3, Block 2, Amesbury 12th Addition, Hennepin County, Minnesota; and that part of Outlot B, Amesbury 12th Addition, Hennepin County, Minnesota, described as follows: Beginning at the most easterly comer of Lot 3, Block 2, Amesbury 12th Addition; thence South 8 degrees 00 minutes 00 seconds East, assumed bearing, on the Southeasterly extension of the Northeasterly line of said Lot 3 a distance of 8.00 feet; thence South 82 degrees 00 minutes 00 seconds West, parallel with the Southeasterly line of said Lot 3, a distance of28.00 feet to the southeasterly extension of the Southwesterly line of said Lot 3; thence North 8 degrees 00 minutes 00 seconds West along said extension a distance of 8.00 feet to the most Southerly comer of said Lot 3; thence North 82 degrees 00 minutes 00 seconds East along the Southeasterly line of said Lot 3 a distance of 28.00 feet to the point of beginning. . AMESBURY PARCEL Outlot B, Amesbury 12th Addition, Hennepin County, Minnesota, except for a parcel legally described as follows: Beginning at the most easterly comer of Lot 3, Block 2, Amesbury 12th Addition; thence South 8 degrees 00 minutes 00 seconds East, assumed bearing, on the Southeasterly extension of the Northeasterly line of said Lot 3 a distance of 8.00 feet; thence South 82 degrees 00 minutes 00 seconds West, parallel with the Southeasterly line of said Lot 3, a distance of 28.00 feet to the southeasterly extension of the Southwesterly line of said Lot 3; thence North. 8 degrees 00 minutes 00 seconds West along said extension a distance of8.00 feet to the most Southerly comer of said Lot 3; thence North 82 degrees 00 minutes 00 seconds East along the . Southeasterly line of said Lot 3 a distance of 28.00 feet to the point of beginning. Exhibit A 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: City Council Craig W. Dawson, City Administrator cb November 19,2003 TO: FROM: . SUBJECT: SLMPD 2004 Operating Budget The City of Excelsior put forth a proposal (attached) earlier this month with a combination of additional revenue and reductions in expenses that it believed would form the basis for equal services provided all of the member cities of the South Lake Minnetonka Police Department. The proposal also called for an identified limit on the increase in the operating budget for the duration of the joint powers agreement (JP A) - essentially for the next 18 years. The four member cities' councils met in a joint work session on November 13 to discuss this proposal and a variety of other issues facing the organization and the cities. While there was a lot of discussion, no alternative action or direction was identified. . The majority of the SLMPD Coordinating Committee believed that "Approach A" for 2004 should be pursued. In this Approach, three cities would contribute additional funds and in turn receive additional services. The city councils of Shore wood, Greenwood, and Tonka Bay have expressed their intent to increase their contributions in order to maintain a higher level of service, provided that each of the three cities follows through on this commitment. As of this writing, no further proposals have been written. Should any proposals be proffered, staff will report on them at the November 24 Council meeting. The SLMPD Coordinating Committee is scheduled to meet November 25, and is expected to act on the 2004 Operating Budget. At this point, the City Council's direction to its representative on the Committee is to implement Approach A. Council should affirm its decision. or indicate its endorsement of alternate proposals. ~ t..1 PRINTED ON RECYCLED PAPER SOUTH LAKE MINNETONKA POLlCE DEPARTMENT BRYAN T. UTSEY Chief of Police B10 EXCELSIOR BOULEVARD EXCELSIOR, MN 55331-1913 Office (952) 474-3261 Fax (952) 474-4477 MEMORANDUM TO: SL:MPD Coordinating Committee Members FROM: Bryan Litsey, Chief of Police DATE: November 5, 2003 -(:;V~~esday ,,)~~;"'" . . ,'>~".:~L0~";'i.~~)l~c~~"".,,,j:' :fE::t~~:~:... RE: Addendum - Re~()llc.. ..q~.~OpeJ;ati~g'~udget .... . ,:~:,.~:: '~'~";."".. .~~;S~/'~~~'16.i;~\f':::~~~~~;-':'" At the time I prepared thea~c9mp.aAywg"rrieJIlor~~l#n1'haa-p.ot received an official response from the City of):E~4~1~!Qi:.ii}diF~?ngjJiefr;'PQsiYQ,q,:l1;~d changed on this matter. It was not until this aftenio.&.ii~t1i8.tjBX:BelS16r MaydiilLy,Iitt16i1hson brought to my . : ,.:\:;.:"x:,.... ,,:"- ';J.~ '. ~..,-:~:i:~-:ij:t'J'~!~.....,~~~ ,. ~" .~~.:,;; ,._:_1:.~~~:f;~,t.,.:.; . . . attention the attached lett~~~,.,,"" "',,' 't,'Pl .. . '" ...., . !ion by the Coordmating C.tt :, ..'$!.. 0IIl1lll ee. .1< ',:;,::i ":' ~,~;;~""f.,:.,., . ,"-:. -.-:~ Once Excelsior Mayor Jotw~"'t.: ':;' ''''>'\..'''', ,..... :....,.">t..,..".;~,~,,.,;;.' Coordinating Committee Meeting tomorrow, Commirte~~Memo~~~~,~i{i~ant toi4~t.e!0:aiscussion on the matter to a Special Meeting in order to ha~:~:m9te.J1t~~,~V.:~~~~:tl1~,proposal and receive feedback from their respective council me; ;"" .,"", ~stiff' ';.. " '~ 'fl. ;~ ,t' -~,:~:: \.. . Serving the South lake Minnetonka Communities of Excelsior. Greenwood, Shorewood and Tanka Bay CITY OF EXCELSIOR 339THlRD STREET EXCELSIOR. MINNESOTA 55331 TEL: 952-474-5233 FAX: 952-474-6300 November 4, 2003 . SLMPD Coordinating Committee South Lake Minnetonka Police Department 810 Excelsior Boulevard Excelsior, Minnesota 55331 Re: 2004 Operating Budget Dear Committee Members: On September 30, 2003, for the first time in its history, the SLMPD Coordinating Committee proposed that one of its four members should receive a lower level of service than the other members, The Committee has now asked each of the four Member Cities to approve this unprecedented proposal, Because it is inconsistent with both the spirit and the letter of the Joint powers Agreement ("JPA"), we must reject the proposal,' . The proposal was generated to address an $85,268 gap between the operating budget proposed by Chief Litsey and the operating budget approved by the Member Cities through the process outlined in the JP A, Chief Litsey's September 22 memo outlining the proposal and public comments made by representatives of the other Member Cities in recent weeks suggest that the gap has been created by Excelsior's umeasonable refusal to approve the 2004 operating budget proposed by the Chief, Those in the South Lake community who suggest Excelsior is acting unreasonably in approving "only" a $400,000 contribution towards the 2004 operating budget fail to recognize that: . The Member Cities Agreed to Protect Individual Cities from Unaffordable Increases in the Operating Budget. All four Member Cities agreed to protect individual Member Cities from unaffordable increases in the operating budget by including a provision in the JP A that requires unanimous consent to any increase, Excelsior's decisions regarding the proposed operating budget increases are entirely consistent with this provision. Coordinating Committee November 4, 2003 Page 2 . Excelsior has Consistently Communicated its Need for Containment of Operating Budget Increases. In December of2001, Excelsior expressed concern regarding the affordability of a new public safety facility, conditioning its commitment to financially participate in the construction of the new facility on its expectation ''that the [Police] operating budget shall remain at historical levels during the term of the joint powers agreement." Over the course of the next two budget cycles, the Excelsior City Council reiterated the importance of containing operating costs in a number of work sessions. Despite consistently communicating its expectations regarding the operating budget, an operating budget increase of 6.5% was proposed for 2003, and (when adjusted for building rent that was not supposed to be included) a 8.9% increase was proposed for 2004. Consistent with the message it has communicated for the past two years, Excelsior rejected each of these proposed increases because they simply were not affordable. . . Excelsior has Approved Increases in the Operating Budgets for 2003 and 2004. Although it rejected the increases proposed by the Cbieffor the operating budget each of the past two years, Excelsior has approved increases of lesser magnitude for the 2003 and 2004 operating budgets. Excelsior approved an operating budget increase of 4.1 % for 2003. Moreover, when the $35,200 of facility rent that will be unnecessary once the department has vacated the existing building is eliminated from the proposed 2004 budget, Excelsior's approval of a $400,000 contribution to the 2004 operating budget constitutes a 2.66% increase over 2003. . Operating Budget Increases Have a Greater Impact on Excelsior than on the Other Three Member Cities. The disparate impact of recent cuts in Local Government Aid ("LGA") makes the impact of operating budget increases greater for Excelsior than the other Member Cities. As a percent of levy plus aid, Excelsior's 2003 cuts were more than 3 times greater than any other Member City and almost 30% greater than all of the other Member Cities combined. . . Excelsior Has Already Significantly Raised Taxes and Cut Services to Meet the Current Financial Challenges it Faces. Even though it did not approve all of the proposed operating budget increases, Excelsior has been forced to significantly raise taxes and cut services to balance its budget. Over the past two years, Excelsior has raised taxes over 34%, increasing its levy from $633,319 for 2002 to $850,856 for 2004. During that same time period, public safety costs (even at the reduced levels approved by Excelsior) have increased 28.44%. Other increases, such as bargaining unit wages, utility costs, and health care costs, have more than consumed the remaining balance of the increased revenues, thereby requiring cuts to balance the budget. Those cuts have included the elimination of a public works position, deferral of necessary maintenance to city streets and other infrastructure, reduced investment in capital funds, deferral of outdated . . Coordinating Committee November 4, 2003 Page 3 computer equipment replacement, and cuts to staff training and overtime. Balancing the budget in this environment has even required the city to reduce fund levels to below acceptable levels. Having already raised taxes by over 34% in the last two years, further tax increases are simply not acceptable. Accordingly, approval of additional increases in the police operating budget will require the citizens of Excelsior to further reduce other essential services. For all of these reasons, we cannot in good conscience approve additional contributions to the 2004 operating budget that are generated by additional increases in taxes or cuts in budgeted expenditures. Having said tha~ we continue to believe that it is in the best interest of Excelsior and the other Member Cities to provide for police protection through the joint powers arrangement we have used for many years. Banding together to provide police protection to the South Lake communities will, as the JP A says, "result in a higher standard of police service, closer control of the police force by the municipalities it serves, and in the long run more efficiency and financial savings to the communities.u The issues that are behind the current debate regarding the 2004 operating budget, however, raise serious concerns about the long-term viability of the joint powers arrangement. In a sincere effort to communicate our desire to both bridge this current gap and support the long-term strength of the SLMPD, we offer the enclosed proposal. The proposal offers a compromise to resolve the current budget difficulties. In it, Excelsior agrees to provide up to $5,000 of additional funds to the extent budgeted expenditures for Holiday Lighting, Southshore Community Services, and the 4th of July Celebration can be replaced by outside revenue sources. It also offers up to three months of rent-free occupancy of the current police facility (a $9,600 value) to assist in the transition from that facility to the new facility. Finally, Excelsior proposes to resume direct responsibility for its dockmaster and park patrol services, discontinuing supplemental payments it has made for those services in the past. Although Excelsior paid over $17,000 in 2002 for these services and budgeted a similar amount for such services in 2003 (which payments include a 5% administrative fee), the Chiefhas indicated that these payments do not cover the administrative expenses generated for providing these services. In exchange for these commitments, the proposal seeks a commitment to long term cost containment. In addition to providing Excelsior with the same level of service provided to the other Member Cities) we ask that future annual increases in the operating budget be limited to 3% or the Consumer Price Index, whichever is greater. To further assure the long term viability of the SLMPD, we also propose that the SLMPD commit to using reserves exclusively for unplanned and un-budgeted expenses and discontinue the practice of planning on using reserves as part of the revenues upon which annual budgets are built. Coordinating Committee November 4, 2003 Page 4 We believe that it is in our mutual interest to do everything we can to maintain the viability of the joint powers arrangement while respecting the financial challenges facing each of the Member Cities. The enclosed proposal is a reasonable compromise that will help resolve the short term difficulties we face while supporting the long-term viability of the joint powers arrangement. We hope that each of the member cities will consider it in the spirit of compromise and mutual interest. Sincerely, Lynn R. Johnson, Mayor On Behalf of the Excelsior City Council . . Joint Resolution of the South Lake Minnetonka Police Department Member Cities Resolution No. 2003 - 52 A Resolution Approving the SLMPD Operating Budget for 2004 WHEREAS, the cities of Excelsior, Greenwood, Shorewood, and Tonka Bay (the "Member Cities") have entered into a Joint Powers Agreement ("JP A") creating the South Lake Minnetonka Police Department ("SLMPD"); and . WHEREAS, the Member Cities created the SLMPD because they believed that it would ''result in a higher standard of police service, closer control of the police force by the municipalities it serves, and in the long run more efficiency and financial savings to the communities"; and WHEREAS, in 2002, the Member Cities decided to jointly invest in constructing a new facility to house the SLMPD; and WHEREAS, the new facility, which will be completed and occupied by the SLMPD in 2004, was only possible because of significant, long-term financial commitment by each of the Member Cities; and . WHEREAS, the City of Excelsior expressed concerns regarding the affordability of police services at the time the new facility was being considered and, in an effort to communicate its concern to the other Member Cities, noted that its commitment to financially support the new facility was based on its expectation that "the operating budget shall remain at historical levels during the term of the joint powers agreement, excluding the annual rent for the existing police station"; and WHEREAS, despite the City of Excelsior's expectation, the operating budgets proposed for the years 2003 and 2004 called for increases greater than had been historically approved; and WHEREAS, the limited relative tax capacity of Excelsior and the disparate impact of recent LGA cuts magnify the consequence of such budget increases for the City of Excelsior; and WHEREAS, as a result of these consequences and Excelsior's expectation regarding increases in the SLMPD operating budget, the City of Excelsior concluded that it could not afford the proposed operating budget increases and approved lesser amounts consistent with the levels historically approved as per Resolution No. 2001-52, adopted December 3, 2001; and Resolution 2003 - 52 November 3, 2003 Page 2 WHEREAS, after the City of Excelsior' s action on the proposed 2004 operating budget, the SLMPD Coordinating Committee proposed (over the objection of the City of Excelsior's representative) that the gap between the proposed and approved operating budgets be bridged by, among other things, reducing police service to the City of Excelsior; and . WHEREAS, the proposed reduction in services is unacceptable to Excelsior because it compromises the City's obligation (as articulated in the General Purpose section of the JP A) to "protect the health and welfare of [its] citizens and property"; and WHEREAS, the City of Excelsior cannot afford to pay the $425,154 proposed by the Police Chief as its share of the 2004 operating budget; and WHEREAS, the City of Excelsior is willing to participate in a compromise solution to the . short tenn operating budget difficulties if such a solution paves the way for development of long . term solutions that address Excelsior's concerns regarding escalating operating costs and limit the possibility of continuing annual disputes over operating budget funding; and WHEREAS, since it voted on the proposed 2004 operating budget in August, the City of Excelsior has made efforts to find revenues that can fund existing budget items, thereby freeing additional funds for contribution to the SLMPD 2004 operating budget; and WHEREAS, in the course of that effort, the City of Excelsior has re~ived verbal commitments from nonprofit organizations that are or will be conducting lawful gambling in the City of Excelsior to donate $2,000 for holiday lighting, $2,000 for Southshore Community Services, and $1,200 for the 4th of July Celebration in 2004; and WHEREAS, these donations, if made, will eliminate up to $5,000 of obligations included . in Excelsior's budget for 2004; and WHEREAS, Excelsior is willing to contribute funds equaling the eliminated budget obligations to the SLMPD 2004 operating budget; and WHEREAS, the Member Cities continue to believe (as they did when the SLMPD was first created) that working jointly to provide the citizens of the South Lake Minnetonka area with police services will ''result in a higher standard of police service, closer control of the police force by the municipalities it serves, and in the long run more efficiency and financial savings to the communities. " . Resolution 2003 - 52 November 3, 2003 Page 3 NOW, THEREFORE, BE IT RESOLVED (after approval by each of the Member Cities) that, in order to resolve the dispute among the Member Cities regarding the 2004 Operating Budget, the Member Cities each agree to the following compromise: 1. The City of Excelsior will agree to: A. Approve additional contributions of up to $5,000 toward the 2004 operating budget contingent on its receipt of donations that will substitute for budgeted City contributions to Holiday Lighting, Southshore Community Services, and the 4th of July Celebration; . B. . Provide the SLMPD with use of the existing police department facility (which is owned by Excelsior and leased to the SLMPD) free of charge for up to three months (a savings of $9,600) at the beginning of2004 to assist in any delay in transitioning operations to the new public safety facility; and C. Relieve the SLMPD of responsibility for providing Doclanaster and Park Patrol. 2. In exchange for Excelsior's agreement to provide additional funds to the operating budget and reduce expenses included in that budget, the other Member Cities agree to: . A. Provide the City of Excelsior with full police service for 2004 with the exception of the services identified in paragraph 1 C above; . B. Relieve the City of Excelsior of the obligation to make continuing payments for the services identified in paragraph 1 C above; C. Commit to limiting annual operating budget increases during the remaining term of the JP A to 3% or the Consumer Price Index - Midwest Average All Items, whichever is greater; and D. Commit to using reserves which fall below the auditor's suggested proportion of the annual operating budget exclusively for unplanned and un-budgeted expenditures by eliminating the use of such reserves as part of planned revenues for operating budgets during the remaining term of the JPA. Resolution 2003 - 52 November 3, 2003 Page 4 , Adopted this 3rt! day of November, 2003, by the Council of the City of Excelsior, Minnesota. ~. L~Yor 12 J Adopted this _ day of November, 2003, by the Council of the City of Greenwood, Minnesota. . Terry Nagel, Mayor ATTEST: Nancy Kelm, Administrator/Clerk/Treasurer Adopted this _ day of November, 2003, by the Council of the City of Shorewood, Minnesota. Woody Love, Mayor . A TIEST: Craig W. Dawson, Administrator/Clerk Adopted this _ day of November, 2003, by the Council of the City ofTonka Bay, Minnesota. Douglas Keller, Mayor ATTEST: Sara Irvine, 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 TO: City Council Craig W. Dawson, City Administrator ct> FROM: DATE: Navember 19,2003 . SUBJECT: Resident Cancern regarding Final Grades at Public Safety Site Allan Vanderlinde, owner of property at 5550-5560 Sharewaod Lane, has raised concerns about the final grade of the slope on the narth side of the West Public Safety Facility. ,He notes that the final grade does not conform to the plans in place at the time the Canditional Use Permit for the praperty was approved. The resulting slope removes the .openness that had extended fram the edge .of his praperty west to the City's public works maintenance site. . There was additional soil material an the site that resulted from unanticipated excavation. Last fall, the clayey soil had toa high a moisture content; it needed to be remaved and be replaced with sand. The excess "bad" sail was stockpiled atop and behind the crest .of the hill that existed an the property. Late this summer, an in-the-field decision was made to remove much of the estimated 4000-4500 cubic yards of material that was still on that part of the site. An estimated 2500-3000 cubic yards that remained were regraded ta canform to the City's slope requirements, with care to retain as many of the on-site trees as possible. The clay soil is not capable of supporting additional development. The soil would need to be corrected or reengineered ta allow further construction on the site. While it is true that the resulting grade does nat conform to original plans, it does meet with City requirements. Conditional uses are (must) be permitted if they meet the City's performance standards. In hindsight there could have been a better effort to inform owners of neighboring properties about the necessary changes; the result is a change that wauld have been given to a property developer. Staffhas contacted Mr. Vanderlinde abaut placing five additional trees atop the slope, or some .or all of that number on the slope, should funds be available from the West facility. These would be planted next year. After this discussion, Mr. Vanderlinde indicated he wished to speak to the Council in November about the unplanned part .of the hill. #tr tr-' PRINTED ON RECYCLED PAPER itq13 . . J , . ;; ~ i" . I,' . . '" .-:: :.'; ,: ~: ". '.".. ~, NOV 6 2003 i i ~ ;" ':J ~:: L~:::/ j .K3 ~ ~~ ;~~-._~.~-~_.......-- II; - s- -03 l~_~._-.~.._._, ..".. ,_.. .' ., ...... ..~.J rL-~~~~~ c1~~~.-J~~ . ~~~~~~~ ~~tO-Yo~~'~~ ~~~~~ ~ o-f- ~. "1-J hV~ cI ~.&.r ~ n -J , ~~~.,./~~ ~ ~.,' ~'.u ~ ~ k>~iJ~ ~~~~. ~(O ~O~ t t :0 ~~~.~~~. ~ ~ ~ ~. ~ en- ..;tt:.. ~~~,:::';L ~~~ ~~ ,~) ..AJJ~ ~ 0+ ~ ~ ~. ~ ..D..\\ ft. ..r1_ ? . . ~ ~ 7~7 ~) ~~~ ~ 4 ~ ~ ~ ~ ~~~~~~ ~~~ . ~': .s-) I~ ~~P- ~~~. .~) Ct%L~~~~~ ~ ~~. ~L ~~v, U WtfY',,\ 'i=3Ct9Wi"\. ~?V'A:'" DttvJ~ 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 November 17, 2003 Allan Vanderlinde 5625 Star Lane Shorewood, Minnesota 55331 . Dear Mr. Vanderlinde: You have asked several questions and requested information regarding the West Public Safety Facility. Below are the responses we have been able to assemble: 1) Prints showing the original grading and elevation of the manhole on the north side of the building. . The plans on file show manholes along the west side of the site, one (MHI04) aligned with the northerly wall of the building, and one (MHI03) downslope to the north. We did not find plans on file with a manhole by the northeast part of the building. 2) The elevation of the manholes today. . . The plan elevation ofMHI04 is 975.5. The plan elevation ofMHI03 is 960. The elevation ofMHI03 needed to be raised 10 feet due to a dimensional error on the original plan. 3) Type of soil in new slope area. . Clay. 4) Amount of soil in slope area in excess of original plan. . 2500-3000 cubic yards 5) Cost of raising the manhole. . The cost for additional work on the two manholes and the necessary additional grading was $7,427. (Kraus-Anderson Reference No. 90; enclosed) ft ..~ PRINTED ON RECYCLED PAPER . . Mr. Allan Vanderlinde November 17, 2003 Page 2 6) All paperwork associated with change from the plans. . The extent of the paperwork is referenced in Point 5 above. The changes were made in the field after on-site review by project professionals and project team members. The resulting slopes are consistent with in-the-field directions, and conform to the City's grading standards. Under the Conditional Use Process, the City must approve the use if the project meets City standards. fu the case of the revised grading on the site, it meets with conditions regarding: . Non-disturbance of the site within a buffer area from the pond, . Maximum care in preserving on-site trees, . Grading and drainage that meets the City's performance standards. While the additional material and resulting larger slope area on the site may not be preferable, the result is a landform that otherwise would be permitted by the City. I hope that these responses are complete. Please contact me at 952.474.3236 if you seek further information. Sincerely, ~).~ Bradley J. Nielsen Director of Planning Cc:~ig I.?awson~ Larry Brown ~ KRAUS-ANDERSONlIlCONSTRUCTION COMPANY IftiJ CONTRACTORS & CONSTRUCTION MANAGERS October 17, 2003 OCT 2 1 2003 Mark DuCharme, Fire Chief Excelsior Fire District 339 Third Street Excelsior, Minnesota 55331 l: i:t ~ :':.J/: Bryan Litsey, Chief of Police South Lake Minnetonka Police Department 810 Excelsior Boulevard Excelsior, Minnesota 55331-1913 . Re: South Lake Minnetonka Public Safety Facilities - West Station Proposal Request No. -- KIA Reference No. 90 Gentlemen: In response to the request for final grading the back lot and adjusting manhole covers 103 and 104, we submit our costs of Seven Thousand Four Hundred Twenty Seven and No/lOO Dollars ($7,427.00). At this time, we request no extension to the contract for this change. Upon receipt of your authorization, we will proceed with this work and issue a change order to the contract. . Very trUly yours, KRAUS-ANDERSON. CONSTRUCTION CO:MP ANY ~~ Project Manager JTB :rs Enclosure cc: Tom Schuelke, TSP One, Inc. Craig Dawson, City of Shorewood John Nieling, South Lake Minnetonka Police DepaJ.tment Minneapolis Division 525 South 8th Street, Minneapolis, MN 55404 Phone: (612) 332-7281 FAX: (612) 332-8739 Equal Opportunity Employer \ \ 3: \ / {n o o o o N '6 o CD .. ,.. r; / \. ..;,.--- . \. i"" .-,.,...;.,C ~... '::::::.~;' ." .1 ".r . ,..,. 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I / l ~. ~ ;,A--~ I / I // /~ I J ty / /1 ,J IN / I ). I I I i i .)..JJ...^.A~'t. 0- ,'} ,I / (' ;/) -- \~-' ? I ,', I ~; \ ,I ~; ,! r I / I I / ..J.I \\ .~~ I .1 I' . ./..... ~,} fft)N~~a 3?110/ "", 'r':""'" "'" / f \ ' l il .....~. ,tl _.r~/ ,; ::, . I ...."'............ . I ~,A I . " ,.:' . ;" t& .if /j' r1 ')C:I . " I "'j '/., 1>//jt~1 ~i \/Jii ! / / '.:~~~r/('''- 0 . "./ ""," "'...../ ",,," ./ J ( .h ,. \\ .1.""'( . ".-- -..- --1- - -..... /',' ,,/ . /' /1/ ' I' ,l I /' ;;;;:;~':~~/ i (\ ,t...-----------+//~<~ ./' / I f CtI ...,... 2;/ ~ 1/ \ \ Q --l' --. ....-... ---~ .-- .-- --. "'- --I ,/" ./",/ :1 ! i:'4 f ./ \ ~ (( .-"'" ,,' - I I 0' \ \ ',,- --::r'~~-_ E:..~. -"- --,. --1'- ,../' I f I f <...i' i - - - -- - -- / ---- ..- ,) 803.1 80.2 ! t /,- ....... ,....-. -- I ,..-'" -,,- J _/ -..--.-- ..-.........- ~~ - .. ",J ~, '.. ""'''"' ..-..,. -_..-.~ ~ ,/ . \ I' .... - -'- -- -~- -- - ...,' ..... 1--- / ................!i.................... r ' ~.... ............ --- ._u__ -~- ... ..... ........... ..f.:... ! _________....... . ~~ ........ ~~ #0 . ,~._~...L..... .__,....t..:Il....~:,,~-~_..._;t...._....}t.~~-~~.:.:.r"-......^.._.._._~~~;~::----^...~~-.,..._...~r-._^-:.._.....,\--J::,..~...: \ { . ./ i,tZ' \ '1... ........ \ '" . . . . . . 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 FROM: Larry Brown, Director of Public Works DATE: November 20,2003 RE: Marso, James - Request for Public Right of Way Vacations At the November 10th, 2003 City Council meeting, a public hearing was opened and closed in consideration of this matter. Attachment 1 is a copy of Brad Nielsen's memorandum dated November 6th, 2003. At the time of the public hearing, no residents appeared in support or objection to the request. However, one written response was received questioning the location of the paved surface on Wedgwood Drive, versus the location of the dedicated right of way. The request for information received has merit in that the request for vacation of adjacent rights of way provides an opportunity for the City to negotiate with the applicant for additional right of way along . other adjacent roadways. WSB and Associates has surveyed the location of the traveled surface ofWedgwood Drive in relationship to the dedicated right of way. Findings indicate that the traveled surface is within the public right of way and that no additional right of way is required along Wedgwood Drive. Therefore, Staff is recommending approval of the vacation request. . . Recommendation Staff is recommending approval of the request to vacate public rights of way located both north and south of the property 5495 Wedgwood Drive. A resolution is attached for your consideration~ n ~.1 PRINTED ON RECYCLED PAPER #/OA 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: 6 November 2003 RE: Marso, James - Request for Public Right-of-Way Vacations . FILE NO.: Property (5495 Wedgewood Drive) Streets(W edgewood Drive) Mr. James Marso is the owner of property located at 5495 Wedgewood Drive (see Site Location map - Exhibit A, attached). The property is bounded on its south side by a strip of public right-of-way, 20 feet in width. Mr. Marso has requested that the City vacate this right-of-way, in order that it would become part of his property. Similarly, there is a small triangle of the right-of-way for Wedgewood Drive adjoining the northerly comer of Mr. Marso's property. He requests that this triangle also be vacated. Both rights-of-way . are shown on Exhibit B, attached. It is Mr. Marso's intent to combine the vacated rights- of-way with his property so that he may be able to subdivide the resulting parcel into two residential lots. Mr. Marso was directed to provide a survey of the property in question (Exhibit B) and also, since the southerly r.o.w.lies between two properties, an opinion from his attorney .as to what property would have a right to the vacated land. Mr. Marso's attorney indicates that the southerly r.o.w. is left over from an old Auditor's subdivision, and would legally be divided between Mr. Marso's property and the property to the south. The northerly r.o.w. would go with Mr. Marso's property. The northerly r.o.w. contains approximately 1271 square feet of area. The southerly r.o.w. contains 3573 square feet. Prom a planning perspective there is no reason not to vacate the rights-of-way. The northerly triangle was platted that way to include a small cul-de-sac when that was the northerly terminus of Wedge wood Drive. The cul-de-sac is no longer there and the street n ~.1 PRINTED ON RECYCLED PAPER Attachment 1 . . Memorandum Re: Marso R.O.W. Vacation 6 November 2003 has since been extended. The City Engineer should advise the Council if there is some reason from a public works perspective to retain the triangle. Similarly, the Engineer should advise the Council as to any public purpose that might be served by the 20-foot strip on the south side of Marso's land. The Council and the property owner are reminded that Mr. Marso's intent to subdivide his property will still require a substantial variance, even with the addition of the right-of- way lands. If you have any questions relative to this matter, please do not hesitate to contact Larry Brown prior to Monday night's meeting. Cc: Craig Dawson Tim Keane Larry Brown Jim Marso -2- Ul ~ a.. W ...J (9 'Vl nOli NVVIJ a; Gl ~LL ;z~ ~ '" ~ Q 'Vl E>NIOWH ct: C W ~ en -' w z O~ 'v'>l3~n3 ~ 5 Exhibit A SITE LOCA nON Marso r.o.w. vacation ,~ ~ ~~ 0" Za elE ,... --- 1 ~ ~ "7-r ~~ ..,lo ..... ~ U). ~ ....~ ~ ~ ~ ~ .... ~ ~o o ~~ ~ ~~ ~ c~ \ \ \ \ Q ~ 5. I --./.,/ ./ () - Cl . ~. ~ () . ~ 7- ~ \.. l ~ i.:!.... ~I: Ii .. 0 ~~ ~"d l:::S ~ ! j-a i t ~ sa 0 :: ~ 'all,! "sj ~I=i t j ~il II r;: b;Z 'a ~j- 1;1.5 ~ 1; on l!! a c,tlll ~ '" jij ~iiJil .;!!.5 ll~lu ... ! l&3 e 1. rl 2"'-1 Ji ~ ~oil:s -!:: Ie :J on =1 . ~ ~ .J fit ..Ji ~U~ ... S! ~ s " .. e. ~ t;z'~s 1l]1."5 Ii ~'!i ~ ~ i- ;z Jij- 'il:l3 ~-~i ~ ~ ~il u '" a ';~"sll! ... b f.il 8 I i: ~ ~ ~ ~ 8 ~ 1iJ! J Vi e. ~~ fill -.l!l1 Ji .. j:l., ::s 1; ~ 11 l .... " j~~... I! CS" !l..... ~iJ! .,1( O'B'C ~ .5='J:2~ " .i " ]! 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Q u... g ...~ ~j!g~';5j~ ~ a: t..l . ~~i31~ ''''li~"8:.:1 ~ ~~fll~~.s~ "'-1 '€.~~ Exhibit B ~ It .. ~.. .".'" ",..:I 111 - ~lii~ l:!l1 ~'Oat~=! Ii O...._bo J.L. tzD'E S -.. ii !' c: ~1!il " >. 5 .... .... ~ l"l"IIl~" o .~ ..~...._.. " u >. e'~ SURVEY ~a: l!:l;j...:I Q 0.5 l!:l1:..: il ~~.~ .Q""= ,., ~ en !e"'l!l .... 0.... 'a ..l II l! t) !3~"i !e,g ~~ ~.~l~ l2ucB ~ g ~ >> 0-, g~.sl!:s!P" 8,,:~llM6":": . u ]'ge - ~ llJ'S ~~,;.;i !-i.-S .... ,., '" ~~ ..l..l ... 1Il:.=:I u,g rn_oiiC:~N"" _::l~ Q .... '" "'. Cl ~ is e.. ~.# ... __57.2.5- 1'1 05'16'2.'. VI ~ ~ ~ .. ~ . II c: LOREN A. MAGSAM ATTORNEY AT LAW 33 FOURTH STREET NW OSSEO. MN 55369 (763) 424-3733 FAX (763) 425-3672 September 8, 2003 James P. Marso 5495 wedgewood Drive Shorewood, MN 55331 city of Shorewood Attn: Brad Nielsen 5755 country Club Road Shorewood, MN 55331 . RE: Marso property, Shorewood Dear Mr. Marso and Mr. Nielsen: You have requested a title opinion with regard to certain street areas adjoining the homestead of James P. Marso at 5495 Wedgewood Drive (Lot 1, Block 2, Wedgewood Acres, Hennepin County, Minnesota) which may be vacated by the City of Shorewood. For purposes of this letter, I will identify the two street areas as proposed Northern Vacated Area and proposed Southern Vacated Area, as described on the attached legal descriptions from the survey by . Advance Surveying & Engineering Co., James H. Parker, P.E. & P.S. No. 9235. For purposes of this letter, I have relied on the survey of James H. Parker, the plat of Wedgewood Acres filed September 1st, 1965 in the office of the Registrar of Titles, and the Plat of Auditor's Subdivision Number 133. The plat of wedgewood Acres replatted Lots 51 and 53 of Auditor's Subdivision Number 133. With regard to the proposed Northern Vacated Area, the street as laid out and dedicated on the plat of Wedgewood Acres is named Lake Street as opposed to Wedgewood Drive. I do not know when the street was renamed. However, if that portion of Wedgewood Drive (as described on the Parker Survey as PROPOSED LEGAL DESCRIPTION OF NOERTHER VACATED AREA) is vacated by the city of Shorewood, it is my opinion that the vacated area would accrue to Lot 1, Block 2, Wedgewood Acres. Exhibit C LEGAL OPINION Applicant's attorney . . James P. Marso letter, page 2 september 8, 2003 with regard to the proposed Southern Vacated Area, I am not certain that it is part of "Wedgewood Drive". The Plat of Auditor's Subdivision No. 133 does show a 20' strip of land lying southerly of Lot 51 (now Lot 1, Block 2, wedgewood Acres). The 20' strip of land is not named as a street, but appears to be laid out as a street on that plat. If that strip of land (as described on the Parker Survey as PROPOSED LEGAL DESCRIPTION OF SOUTHERN VACATED AREA) is vacated by the city of Shorewood, it is my opinion that the northerly one-half (to the centerline) of that vacated area would accrue to Lot 1, Block 2, wedgewood Acres, and the southerly one-half (to the centerline) would accrue to Lot 9, Auditor's Subdivision No. 133. This title opinion letter is preliminary based only ~pon the information as stated above. If you have any questions or concerns regarding any item in this opinion letter, please contact me. sincerely, en A. Magsam Enclosures c..--2 ~.'h ..__ __._ _...- .5"S"" 1/ lilt ''i~NJ.i~~ N.rt] ,'"/".1..- 3 - ., Noll. NUTr...z JIGd .If Jltllb."Nr..".I IUN1,WSIINt> IS --"'r" 1IIt'ln-... JI"r'I'Q ~I"'Z.S NHiI P;"."",'1 ,,~W NnI~IWrJ. ""Nt4!'8 .IN' 41....MI.r06 Mill'''''' It'tlrN i:"'N,- "~.$.IIWAr;GN IINLV PL/lr OF RUDITOR'B 8UBDIV/S/ON NUN/BER /33- "1 r I $2 1/." 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When: Monday, November 10, 2003 at 7:15 P.M. or as soon thereafter as possible, Where: Shorewood City Hall Council Chambers, 5755 Country Club Road, Shorewood. A legal description of the portions of the rights-of-way proposed to be vacated is on file at City Hall. ***See Map on Reverse Side *** Verbal and written comments will be considered at the hearing, Anyone having questions relative to this matter may contact the Planning Department, by phone at (952) 474-3236, or by FAX at (952) 474-0128. Or you may submit your written comments via U.S. Mail to: City of Shorewood c/o Planning Dept. 5755 County Club Road Shorewood,~ 55331 CITY OF SHOREWOOD Bradley J. Nielsen Planning Director . . ... ._...,,--,...._--_..__.--_...'....~ ..." -... .--.. ~ :. ;'-'-"~ {';:':':': ,..;~ r-;;::::-.:. rs t' jj I"j=--'-- r'..". ~ , , _'\ \ ,.. - J, 1._,_,,: -\ ' i .._', ,(--' \ " . '. I' ." \., ;7 ".... ,. \ I{ ".-. \ \.. ;:" <.~~. '.,.... L":;:.~~. ~~. \". "1 ~ I :~ " ~_j... . ~, i ~.~ , T",~ NOV 1 0 2003 :',! H ,'} :, !~Jl ~ _........__,_~__-no"...............~_.;.'............-...,; 0' j ! . .....u......._J November 10, 2003 Honorable Mayor, Members of the City Council Planning Director City of Shorewood 5755 Country Club Road Shorewood, ~ 55331 . RE: Public Hearing for Lot 1, Block 2, Wedgewood Acres We do not object to the vacation of easements on the above property. However, during the 26 years we have lived in this neighborhood, there has been a consistent "urban myth"...or maybe it is not a myth, that W edgewood Drive is not located in the proper place in the area near the south line of the above property (a situation similar to Lake Linden). The result is that the roadway right-of-way in that area may not be correct. Without a map, certainly it cannot be verified from a resident's perspective. We would suggest that city staff review this matter, and consider taking whatever pro-active steps are necessary to assure that the proper roadway right-of-way, or easement (whatever would be the correct terminology), for Wedgewood Drive is in place along this property, to alleviate . problems for future projects. Thank you. John & Pat Arnst 5480 Teal Circle Shorewood, ~ 55331 CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION VACATING CERTAIN PORTIONS OF THE PUBLIC RIGHT-OF-WAY OF WEDGEWOOD DRIVE WHEREAS, Notice of Public Hearing on the proposed vacation of certain portions of the public right-of-way of Wedgewood Drive in the City of Shorewood, Hennepin County, Minnesota, was published in the ExcelsiorlShorewood edition of the SUN'SAILOR NEWSPAPER on the 23rd and 30th days of October, 2003, and in the LAKER NEWSPAPER on the 25th day of October and 1st day of November, 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 loth day of November, 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 public rights-of-way legally 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 24th day of November, 2003. . ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR/CITY CLERK PROPOSED LEGAL DESCRIPTION OF NORTHERN VACATED AREA: . That part of Wedgewood Drive described as follows: Beginning at the Northeast comer of Lot 1, Block 2, Wedgewood Acres, Hennepin County, Minnesota; thence Northerly along the Easterly line of said Lot 1 extended Northerly to the point of intersection with the Northwesterly line of said Lot 1 extended Northeasterly; thence Southwesterly along said extension to the NQrthwest comer of said Lot 1; thence easterly along the Northerly line of said Lot 1 to the point of. beginning. PROPOSED LEGAL DESCRIPTION OF SOUTHERN V ACA TED AREA: That part ofWedgwood Drive being a 20 foot strip lying south of, and adjacent to, the South line of Lot 1, Block 2, Wedgewood Acres, Hennepin County, Minnesota; said tract to lie Easterly of the Westerly line of said Lot 1 'extended South and West of the Easterly line of said Lot 1 extended South. . Exhibit A . . , . . . . 'I "- '" 1 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: City Cowlcil FROM: DATE: . SUBJECT: Gideon Glen -- For information purposes Staffhas received copies of plans for the Gideon Glen property from Wenck Associations (consultant to the MCWD,) and WSB & Associates (consultant to Hennepin County). We met in early October to identify issues and chart a course where the plans for Gideon Glen and the County Road 19 intersection project could be integrated. WSB's plans show a more desirable shape for the treatment pond on the Gideon Glen property. (The MCWD instructed Wenck to focus on the non-pond parts of the project.) Staffhas provided preliminary comments by email. The plans will be reviewed by the City, MCWD, Wenck, and WSB on December 1. This meeting should be the last necessary to coordinate the plans; any further meetings will cause delay in the County's timetable for the intersection project. . No action by Council is necessary. Any comments are welcome and will be forwarded to the engineering firms. =#=- II A3 #. ~.1 PRINTED ON RECYCLED PAPER ,.r f . . 1 ., .. . Excelsior Orthphot6quad, 2000 I 50 0 50 100 Feet I . MINNEHAHA CREEK WATERSHED DISTRICT Gideon Glen - Concept Plan ~ ~Wenck Wenck Assoclaies. Inc. 1800 Pioneer Creek Center Environmental Engineers Maple Plein, MN 55359..0249 NOV 2003 Figure 1 (~~-:::i. :::::=:::.::.":~:~':"""" -. '. 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