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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, NOVEMBER 10, 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 Regular Meeting Minutes, October 27, 2003 (Att.- Minutes)
B. City Council Work Session Minutes, October 27, 2003 (Att. - Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda 8r. Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked foUowing removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. High Pointe PUD Final Plan (Att.- Draft Resolution, Draft Development Agreement)
Applicant: Leey Construction
Location: 23520 Highway 7
C. Authorization for Expenditure of Funds for Dump Truck Box, Sander, and Lights (Att.-
Public Worb Director's memorandum)
D. Approval of the Capitalization Policy (Att. - Finance Director's memorandum, Policy)
E. Supporting the Clean-up Grant for Capestone, aka Barrington (Att.- Draft Resolution)
F. Acknowledge Petition Requesting Use of Public Right-of-Way for Private Extension of
Public Water (Att.- Public Works Director's memorandum)
G. Accept petition to Utilize Metropolitan Council Sanitary Sewer Utility (Att.-Public
Works Director's memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
"
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CITY COUNCIL AGENDA - NOVE:MBER 10,2003
PAGE20F2
5. REPORTS AND PRESENTATIONS
A. Report by LMCD Representative, Tom Skramstad (Att-Report)
6. PUBLIC HEARING
A. 7:00 P.M.- Approval of Certification of Delinquent Utility Charges (Att.-Finance
Director's memorandum, Draft Resolution)
B. 7:15 P.M.- Vacate Right-of-Way Property (Att. - Planning Director's memorandum)
Applicant: James Marso
Location: . 5495 Wedgewood Drive
7. PARKS
8. PLANNING - Report by Representative
9. GENERALlNEW BUSINESS
10. ENGINEERINGIPUBLIC WORKS
A. Acceptance of Comprehensive Surface Water Management Plan (Att.-Public Works
Director's memorandum, Resolution)
11. REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
2. Public Safety Facilities
3. Smithtown Road
B. Mayor & City Council
12. ADJOURN
..
Johnson's failure to file his brief as required by the rules and as ordered by this Court is a
sufficient basis to deny oral argument. Minn.R. Civ. App.P. 134.01(b). Oral argument
should be denied and the matter should be submitted onwritten briefs.
STATEMENT OF THE FACTS
1. Ronald Richard Johnson ("Johnson") is and at all times relevant to this matter has
been the owner of property at 5355 Shady Hill Circle, Shorewood, Minnesota, 55331
("Property"). Complaint, ~ 1; R.A. 23.
2. On August 23, 1993, the City of Shore wood adopted Ordinance No. 277, codified
as City of Shorewood Code of Ordinances ~ 904.09 relating to prohibited discharges into
the sanitary sewer system. . The ordinance was adopted to address a city wide problem of r,;L ~
individual property owners pumping their sump pump discharges into the municipal ~'.~Lpl.~'v
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sanitary sewer system. R.A. 63. ~ ~. {i~
3. Shorewood City Code. ~ 904.09 states the following, as amended, in relevant part: /" ~/ ~
Subd. 1. Prohibited Connections: No person shall discharge or cause to be q
discharged, directly or indirectly, any storm water, surface water, ground water,
roof runoff, subsyrface drainage, or cObling water to any sanitary sewer. Any
person having a roof drain, sump pump, unauthorized swimming pool discharge,
cistern overflow pipe or surface drain connected and/or discharging into the .
sanitary sewer shall disconnect and remove any piping or system conveying such
water to the sanitary sewer system.
Subd.2. Authority to Inspect: Every person owning improved real estate that
discharges into the City's sanitary sewer system shall allow inspection by
authorized City employees or its agents, as deemed appropriate or authorized by
the City Council, of all properties or structures connected to the sanitary sewer
system to confirm there is no sump pump or other prohibited discharge into the ,
san. itary .sewer system. The authority to condu. ct further in. spection~. on a prope~ ~. . ~
.A under thiss. ection shall lapse upon a determination that the property IS In fl.
~ compliance with the requirements of this section. I ~ r: ~
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4
Subd.5. Surcharge: A surcharge set by an ordinance passed by the City Council
is hereby imposed. and shall be added to every utility billing to properties not in
compliance with this Chapter. The surcharge shall be added to every quarterly
utility billing until the property is in compliance. '
R.A.66-67. The surcharge contemplated by Subd. 5 was set at $100.00 per month for
non-complying property owners. R.A. 70.
4. The City of Shorewood derives authority for the above provisions of City Code ~
904.09 from Minn. Stat. ~ 444.075, which states, in relevant part:
Subd. 1 a. Authorization. Any municipality may build construct, reconstruct,
repair, enlarge, improve, or in any manner obtain
(i) waterworks systems, including mains, valves, hydrants, service
connections, wells, pumps, reservoirs, tanks, treatment plants and other
appurtenances of a waterworks system,
(ii) sewer systems, sewage treatment works, disposal systems, and other
facilities for disposing of sewage, industrial waste, or other wastes...
Subd.3. Charges; net revenues. To pay for the construction, reconstruction,
repair, enlargement, improvement, or other obtainment and.the maintenance,
operation and use.ofthe facilities, the governing body ofa municipality or county
may impose just and equitable charges for the use and for the availability of the
facilities and forconnectionswith them....
5. Shortly after adoption of the ordinance, the City undertook the inspection of all
improved properties in the City of Shorewood. The inspection is a simple process that
takes approximately one minute. A qualified City inspector visually inspects the sump
pump to verify that its discharge is not plumbed into the sanitary sewer line. R.A. 63.
6. City inspectors contacted Johnson to inspect his property pursuant to the ordinance
. during the course of inspections shortly after passage of the ordinance. Johnson stated
that the inspection's "true purpose was for the City to dredge-up any possible dirt on
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Johnson for litigation purpose [sic]" and refused to allow the inspection to occur.
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Johnson's property. By correspondence dated Fehruary 5, 1996, city attorney Timothy J. (;.~
Complaint, ~ 86.
7.
At that time in late 1993, City officials agreed to delay the inspection of
Keane informed Johnson that the City of Shorewood would no longer delay inspection of
the property and that, beginning in March 1996, the City would impose surcharges
pursuant to City Code S 904.09 if Johnson did not permit the inspection. R.A. 63-64.
8. By 1996, All other improved properties in the City of Shorewood were inspected
pursuant to City Code S 904.09 shortly after passage of the Ordinance. R.A. 63.
9. Since March 1996, surcharges pursuant to City Code S 904.09 have accrued. R.A.
~
63.
10. Surcharges accruing under City Code S 904.09 have been certified to Hennepin
County for collection on property tax rolls pursuant to Minn. Stat. S 444.075, subd. 3.
A-2, ~5 and A-6 (Hennepin County Appendix).
Procedural History
11. Johnson sent the City of Shorewood and Hennepin County a "Notice of Appeal of
the individual defendants in the action. Shorewood responded by serving a Notice of
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and made only a general prayer for "all available" relief. Johnson did not properly serve I}.f5~
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Administrative Decision and Notice of Counterclaims and Claims" dated December 21,
2001. The Notice included no specific factual allegations, lacked numbered paragraphs,
Motion and MotiQl1 for a More Definite Statement and a supporting memorandum and
affidavit on January 14,2002. The Trial Court granted Shorewood's motion by Order
6
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1500 HORWCST FINANCIAl CENTER
7900 XERXES AVENUE SOUTH
BLOOMINGTON. MINNESOTA 5$(31-1194
TElEPHONE (612) 835-:1600
FAX (51:.!) 89603333
John F. Bonner, ill
Bradley A. Kletscher
Parsinen Bowman Kaplan & Levy, P.A.
100 South Fifth Street
Suite 1100
Minneapolis, Minneapolis 55402
On August 23,1993, the City of Shore wood adopted OrdillanceNo. 277 codified as City of Shore wood
Code of Ordinances Section 904.09 (the Ordinance) relating to prohibited discharges into the sanitary
sewer system (see Ordinance enclosed). The Ordinance was adopted to address a city'-wide problem of
individual property owners pumping their sump pump discharges into the municipal saniUu'yseWer
system. The Ordinance provides in subd. 2 the authority for a city emplQyee or agent to inspect each
property, subd. 3 provides fur the correction of violations and sub([ 6 provides for the imposition of <1
surcharge for property owners not in compliance with the Ordinance. The surcharge is $100 per month
and is added to the utility billing of non-complying property owners.
Shortly after the adoption of the Ordinance, the City undertook the inspection of all improved grOlX--rties
throughout the City. The inspection is quite simple and takes about one minute. The City inspector
visually inspects the sump pump to verify that its discharge is not plumbed into the sanitary sewer line.
City inspectors contacted Mr. Johnson to inspect his property. At the time. Mr. Johnson objected to the
City's inspection arguing that this inspection was part of a pattern of harassment by the City of
Mr. Johnson. Tom Humphrey at that time agreed to put off the City inspection, as well as anyeontnct
froIn City officials to Mr. Johnson. It is now 1996. The City has long since completed tile inspCClion or
surcharge of every improved property in the City of Shorewood _ except for the Johnson property located
at 5355 Shady Hills Rond.
R.A. 63
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LARK.JN, HOrTMAN, DALY & LINDGREN, LTD.
John F. Bonner. III
Bradley A. Kletscher
February 5, 1996
Page 2
The City is again requesting permission to inspect the Johnson property so that it may close the books on
this project. Failure to grant consent and complete the inspection by February 29, 1996, will result in the
imposition of the surcharge on the Johnson sewer bill starting with the March 1996 billing pursuant to the
provisions of Shore wood Code of Ordinances Section 904.9subd. 6.
Should you have any questions, please contact me at 896-3203.
Enclosure
cc: James Huon, City Administrator
Ted Naab. Deputy City Clerk
0133382.01
R.A. 64
. >
The special assessment was properly certified on November 30, 2000 and forwarded to
the Taxpayer Services Department. (Kunze Aff. 'iI 8, A-2) The special assessment for
sump pump penalty charges amounted to principal, service charge and interest of
.50, which was added to the Plaintiff s property tax bill fQr taxes payable in the
year 2001 by the Taxpayer Services Department. (Kunze Aff. 'il9, A-3) The full amount
of Appellant's property tax including all special assessments and other charges were
paid in the year 2001. (Kunze Aff. 'il10, A-3)
On November 26, 2001, the Shorewood City Council adopted a resolution which
included a special assessment on the subject property for sump pump penalty charges.
The special assessment was properly certified on November 27, 2001 and forwarded to
Taxpayer Services Department. (Kunze Aff. 'iI 11, A-3) The special assessment for
sump pump penalty charges amounted to principal, service charge and interest of
...
$1,283.88, which was added to the Plaintiffs property tax bill for taxes payable in the
year 2002 by the Taxpayer Services Department. (Kunze Aff. 'il12, A-3) The full amount
of Appellant's first half property tax including all special assessments and other charges
were timely paid in the year 2002. (Kunze Aff. 'il13, A-4)
Minn. Stat. ~ 276.03 outlines the duties and responsibilities of the Hennepin
County Taxpayer Services Department, acting as county treasurer, for the imposition and
collection of special assessments. It provides that the county treasurer shall collect special
assessments which have been certified by a city. Minn. Stat. ~~ 276.10 - 276.111
the County's responsibility to pay the city the special assessment after collection.
4
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on April 28, 2003. On April 1, 2003, the District Court issued an Order indicating that its
denial of leave to bring a motion for reconsideration was intended to dispose of all of
Appellant's motions for post-judgment relief. The Court ordered that judgment be
entered on the order. On May 29, 2003, Appellant appealed the case to the Court of
Appeals.
STATEMENT OF FACTS REGARDING HENNEPIN COUNTY
Appellant, Ronald Richard Johnson, is and has been during the relevant time
period, the owner of property with the address of 5355 Shady Hills Circle, Shorewood,
Minnesota with a Property Identification Number of 25-117-23-44-0049. (Kunze Aff. 'iI
4, A-I) This property will be referred to as the subject property hereinafter.
On August 23, 1999, the Shorewood City Council adopted a resolution which
included a special assessment on the subject property for delinquent sump pump charges.
...
The special assessment was properly certified on August 24, 1999 and forwarded to the
Taxpayer Services Department. (Kunze Aff. 'iI 5, A-2) The special assessment for
delinquent sump pump charges amounted to principal, service charge and interest of
$3,653.50, which was added to the Appellant's property tax bill for taxes payable in the
year 2000 by the Taxpayer Services Department. (Kunze Aff. 'il6, A-2) The full amount
of Appellant's property tax including all special assessments and other charges were
timely paid in the year 2000. (Kunze Aff. 'iI 7, A-2)
On November 27, 2000, the Shorewood City Council adopted a resolution which
included a special assessment on the subject property for sump pump penalty charges.
3
Minnesota Statutes 2002,481.07
Page 1 ofl
"
481.07 Penalties for dec~it or collusion.
Minnesota Statutes2002. Table of Chapters
';
An attorney who, with intent to deceive a court ora party
to an action or judicial proceeding, is guilty of or consents to
any deceit or collusion, shall be guilty of a misdemeanorjand,
in addition to the punishment prescribed therefor, the attorney
shall be . ble to the party injured' treble damages. If the
attorney permit any person other than a general aw partner to
begin, prosecute, or defend an action or proceeding in the
attorney's name, the attorney giving such permission, and every
person so using the name, shall forfeit $50 to the party against
whom the action or proceeding is prosecuted or defended,
recoverable in a civil action.
HIST: (5689) RLs 2282j 1986 c 444
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/ 481/07 .html
2/27/2003
11/10/2003 2:12 PM FROM: Fax TO: 952-474-0128 PAGE: 001 OF 004
. ,. .
Mohrman & Kaardal, P.A.
A Professional Association
of Attorneys and Counsellors at Law
Suite 4100
33 South Sixth Street
Minneapolis, Minnesota 55402
Telephone: (612) 341-1074
Facsimile: (612) 341-1076
FACSIMILE COVER PAGE
To:
City of Shorewood Oerk
952-474-0128
From:
Erick Kaardal
11/10/2003 2: 12:37 PM
Subject:
Dear Oerk:
Ron Johnson asked me to forward to you the enclosed affidavit of Tom
Dahlberg in anticipation of tonight's meeting. Please call if you have
questions.
egk
NOTICE - CONFIDENTIAL INFORMATION
The information contained in this fax communicatioon is privileged and strictly confidential. It is intended solely for the use
of the individual or the entity above named. If the reader of this message is not the intended recipient, or the employee or agent
responsible to deliver it to the intended recipient, any dissemination, distribution, copying or other use of the information
contained in this communication is strictly prohibited. If you have received this communication in error, please first notify
the sender immediately at the above telephone number of your erroneous receipt and then return this fax communication at
once to the sender at the above address either via U.s. Postal Service or by the method of delivery specified by the sender.
This facsimile transmission consists of
4
pages.
11/10/2003 2:12 PM FROM: Fax TO: 952-474-0128 PAGE: 002 OF 004
NOV l~ ~~~~ l~:~~ r~ Wr - M.H.V. UrrlCc ~~~ ~~( (~~~ IU ~ol~~411~(o ~.~l
, (2. - J '1 (- I () 7 -'
CITY OF SHOREWOOD, MINNESOTA
IN YEAR 2003 TAX SPECIAL ASSESSMENT ADMNSTRATIVE PROCEEDINGS
City of Shorewood,
petitioner,
AFFIDAVIT OF FORMER
SHOREWOOD MAYOR
THOMAS DAHLBERG
v.
Ronald R. Johnson,
respondent.
STATE OF MNNESOTA )
)S8.
COUNTY OF HENNEPIN )
I, Thomas Dahlberg, being duly sworn on oath, state and allege the following which I have
personal knowledge of.
1. During my tenn as mayor, 1997 and 1998, of above-named City of Shorewood ("City"
or c'Shorewood"), I recall reviewing a City hall staff assertion that the above-named
property owner, Ronald R. Johnson ("Johnson")~ was delinquent in his payment of
City utility charges that I found baseless on my personal review of the City's policy.
As a result, I took the position that the City owed Johnson credits on his utility account
and that the City Council not certify a Hennepin County special assessment on the
Johnson utility account.
2. I recall that the major charges on the Johnson utility account were quarterly City
unearned LCsump pump penalties" imposed by the City hall staff in breach of an
expressed signed agreement the City Attorney had entered into with Johnson. To
resolve the underlying issue, I recall recommending a compromise agreement with
11/10/2003 2:12 PM FROM: Fax TO: 952-474-0128 PAGE: 003 OF 004
NOV 1 ~ ~~~;J 1 ~: 1 ~ r~ Wr - M. H. V. Urr 1 CC ~~~ ~~ ( (~~~ I U ::to 1 c~4111!l (0 ~. ~~
Johnson to have the mayor inspect Johnson's home to simply verify he had no sump
pump. Although this could have easily resolved the issue, the Council rejected the _
proposal.
3. Among other things, I found that City hall staff financial accounting of ''presumed''
Johnson sump pump discharges into the City's sanitary sewer pipes of clear ground
and/or stonn water was preposterous and a great City hall hypocrisy. Indeed, as
planned and continued by the City hall staff, Shorewood dumps its storm sewage from
four (4) major adjoining subdivisions on Johnson's land without easement or other
right including in violation of a prior court order that gave rise to the continued
Johnson Case litigation. Under City council authorization, I attempted to negotiate
.-.
compromise agreements with Johnson to resolve the litigation issues that were
irrationally wasting taxpayers' money.
4. ShorewQod was Wlable to wind up the Johnson Case before my term as mayor ended.
Things took longer than expected. For example, City contract engineers needed months
to prepare necessary and more accurate new aerial topography of Johnson's property
and, also, it appeared the City would be forced to condemn easements over certain
properties adjoining Jolmson's to provide him the relief the City agreed to. I was
disappointed to learn that the new City Council did not exercise leadership to
implement the agreements I had invested significant personal time to achieve with
Johnson. It was always my position that the most cost-effective approach, mitigating
the most risk for the City of Shorewood, was to settle with Johnson. I always believed
that Johnson had a strong case, which would become especially powerful if and when
11/10/2003 2:12 PM FROM: Fax TO: 952-474-0128 PAGE: 004 OF 004
~tlV 1\1 ~\1\1~ l;J:l~ 1-1'( WI- - M.H.U. Ul-I-IC~ ::I~~ lj~( (\1\1\1 IU ::Iol~;.;I411\1(o
1-'.11;.;1
the case migrated to a constitutionally focused court. I argued that the case would cost
more by virtue of defending it, than settling it. Since Johnson's complaint was more
than plausible. and sympathetic from any reasonable constitutional perspective, the
most just and most pragmatic outcome for Shorewood was immediate settlement. At
that time, all Johnson was asking for was remediation, estimated at a cost far lower for
Shorewood than continued litigation.
S. I negotiated agreements with Johnson not only as trustee of the wise use of taxpayers'
funds but also to comply with a court order Johnson had procured ordering the City to
pay Takings Clause compensation to Johnson the City chose not to pay despite the
adjudication his property was taken by the City. To minimize the financial impact on
the City and to also stop wasteful litigation I persuaded Johnson to agree to
compromises he did not have to agree to under the court judgment.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
Subscribed and swom.to
Before me this _ day of
November, 2003.
NOTARY PUBLIC
** TOTAL PAGE.08 **
CITY OF SHOREWOOD
CITY COUNCIL MEETING
NOVEMBER 24, 2003
PUBLIC SIGN-IN SHEET
For the record, please print your name and address below. Thank you.
Name
Address
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNE$OTA553$1...et27.. (9f2) 47....3238
FAX (952) 474-0128. www.c1.shorewood.mn.U$. Cityhaft.cl.~.mn.U$
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.
CITY OF
SH()REWOOD
MEMORANDUM
TO: City Council
DATE:
Craig W. Dawson, City Administrator 0t>
November 6, 2003
FROM:
SUBJECT: City of Excelsior Proposal re: SLMPD 2004 Budget ADDrotl.1"'A~A
The SLMPD Coordinating Committee met on November 6, 2003, and considered tJ:'le8PPoachto
providing services for 2004. The City of Excelsior presented a proposal to ~the.~....it$
approach to making additional contributions and 4tentifying reduCtions m expensOL
Some of the Coordinating Committeernembers decided to present the pmposaltoth.eiJCity'eo.ila,
and Mayor Love was one of them.. The decision to place this item on the Councilag~was~
after the City Council's November 10 agenda wassel .
Any additional information or analysis that staff may be able to. prepare.will'notbe~\1.1atilthc
Council meeting.
The Coordinating ComU:ee ispl~ing to convene ajoint meeting oftbe fo"eity~shOItly.
o Pl'IINTC\) ON RECYCl.ED PAPER
SOUTH LAKE MINNETONKA
POLICE DEPARTMENT
BRYAN T. LITSEY
Chief of Police
810 EXCELSIOR BOULEVARD
EXCELSIOR. MN 55331-1913
Office (952) 474-3261
Fax (952) 474-4477
MEMORANDUM
TO:
SLMPD Coordinating Committee Members
FROM:
Bryan. Litsey, Chief of Police
DATE:
November 5, 2003 ~n:W~dnesday
<}:.-/', }<-;'~-\. ',"
^.,...;:';';"C-':.';:"
RE:
Addendum - RetoJlci .
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...-.-,.;:.
At the time I prepared the~~~9nlPanywgtrteJTlor~d1;m1fha.dpot received an official
response from the City o(~E*c~IS~Qrmdl~atmgj:liefu1l9Si~i.'li~d changed on this matter.
It was not until this aftenip~~::tl1at,f; "eI~i2!~~yq~1kjmfi; ...... on brought to my
attention the attached lettttbu .()l~ .. .. .... .ti tion by the Coordinating
Committee.
. Coordinating Committee
iscussion on the matter to a
roposal and receive feedback
Serving the South Lake Minnetonka Communities of Excelsior. Greenwood, Shorewood and Tonka 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 ("JP A"), 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 JPA. 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 unreasonable 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 of 2001, 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 Ap.proved Increases in the Operating: Budgets for 2003 and 2004.
Although. it rejected the increases proposed by the Chief for 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 of4.1 % 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 that, 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." 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 term operating budget difficulties if such a solution paves the way for development oflong
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, ifmade, 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 Dockmaster 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 lC 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 JPA 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 3rd day of November, 2003, by the Council of the City of Excelsior,
Minnesota.
~.
Lynn R. ohnso ayor
;2
Adopted this _ day of November, 2003, by the Council of the City of Greenwood,
Minnesota.
Terry Nagel, Mayor
ATTEST:
Nancy KeIrn, Administrator/ClerkfTreasurer
Adopted this _ day of November, 2003, by the Council of the City of Shore wood,
Minnesota.
Woody Love, Mayor
ATTEST:
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
CITY COUNCIL MEETING
NOVEMBER 10, 2003
PUBLIC SIGN-IN SHEET
For the record, please orint your name and address below. Thank you.
Name
Address
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11/10/2003 2:12 PM FROM: Fax TO: 952-474-0128 PAGE: 001 OF 004
Mohrman & Kaarda/, P.A.
A Professional Association
of Attorneys and Counsellors at Law
Suite 4100
33 South Sixth Street
Minneapolis, Minnesota 55402
Telephone: (612) 341-1074
Facsimile: (612) 341-1076
FACSIMILE COVER PAGE
To:
City of Shorewood Oerk
952-474-0128
From:
Erick Kaardal
11/10/20032:12:37 PM
Subject:
Dear Oerk:
Ron Johnson asked me to forward to you the enclosed affidavit of Tom
Dahlberg in anticipation of tonight's meeting. Please call if you have
questions.
egk
NOTICE - CONFIDENTIAL INFORMATION
The information contained in this fax communicatioon is privileged and strictly confidential. It is intended solely for the use
of the individual or the entity above named. If the reader of this message is not the intended recipient, or the employee or agent
responsible to deliver it to the intended recipient, any dissemination, distribution, copying or other use of the information
contained in this communication is strictly prohibited. If you have received this communication in error, please first notify
the sender immediately at the above telephone number of your erroneous receipt and then return this fax communication at
once to the sender at the above address either via U.S. Postal Service or by the method of delivery specified by the sender.
This facsimile transmission consists of
4
pages.
11/10/2003 2:12 PM FROM: Fax TO: 952-474-0128 PAGE: 002 OF 004
~OV l~ ~~~~ l~:~~ r~ Wr - M.H.U. UrrlCc ~~~ ~~( (~~~ 10 ~olc~411~(o ~.~l
{ (2. - J t.t (- I D 7 ~
CITY OF SHOREWQOD, MINNESOTA
IN YEAR. 2003 TAX SPECIAL ASSESSMENT ADMNSTRATIVE PROCEEDrNGS
City of Shorewood,
petitioner,
AFFIDAVIT OF FORMER
SHOREWOOD MAYOR
THOMAS DAHLBERG
v,
Ronald R. Johnson,
respondent.
STATEOFMNNESOTA )
)S5.
COUNTY OF HENNEPIN )
I, Thomas Dahlberg, being duly sworn on oath, state and allege the following which I have
personal knowledge of.
1. During my tenn as mayor, 1997 and 1998) of above-named City of Shore wood ("Citi'
or c'ShorewoodU)) I recall reviewing a City hall staff assertion that the above-named
property owner, Ronald R. Johnson ("Johnson"), was delinquent in his, payment of
City utility charges that I found baseless on my personal review of the City's policy.
As a result, I took the position that the City owed Johnson credits on his utility account
and that the City Council not certify a Hennepin County special assessment on the
Johnson u.tility account.
2. I recall that the major charges on the Johnson utility account were quarterly City
unearned <'sump pump penalties1t imposed by the City hall staff in breach of an
expressed signed agreement the City Attorney had entered into with Johnson. To
resolve the underlying issue, I recall recommending a compromise agreement with
11/10/2003 2:12 PM FROM: Fax TO: 952-474-0128 PAGE: 003 OF 004
NUV l~ ~~~~ l~:l~ r~ Wr - M.H.U. UrrlCc ~~C ~~( (~~~ 10 ~olc~411~(o ~.~C
Johnson to have the mayor inspect Johnson's home to simply verify he had no sump
pump. Although this could have easily resolved the issue, the Council rejected the
proposal.
3. Among other things, r found that City hall staff financial accounting of ''presumed''
Johnson sump pump discharges into the City's sanitary sewer pipes of clear ground
and/or storm water was preposterous and a great City hall hypocrisy. Indeed, as
planned and continued by the City hall staff, Shorewood dumps its stonn sewage from
four (4) major adjoining subdivisions on Johnson's land without easement or other
right including in violation of a prior court order that gave rise to the continued
Johnson Case litigation. Under City council authorization, I attempted to negotiate
compromise agreements with Johnson to resolve the litigation issues that were
irrationally wasting taxpayers' money.
4. Shorewood was unable to wind up the Johnson Case before my term as mayor ended.
Things took longer than expected. For example, City contract engtneers needed months
to prepare necessary and more accurate new aerial topography of Johnson's property
and, also, it appeared the City would be forced to condemn easements over certain
properties adjoining Johnson's to provide him the relief the City agreed to. I was
disappointed to leam that the new City Council did not exercise leadership to
implement the agreements I had invested significant personal time to achieve with
Johnson. It was always my position that the most cost-effective approach, mitigating
the most risk for the City of Shorewo~ was to settle with Johnson. I always believed
that Johnson had. a strong case, which would become especially powerful if and when
11/10/2003 2:12 PM FROM: Fax TO: 952-474-0128 PAGE: 004 OF 004
NUV l~ C~~~ l~:l~ r~ Wr - M.H.U. UrrlC~ ~~C ~~( (~~~ IU ~ol~~411~(c ~.~~
the case migrated to a constitutionally focused court. I argued t:hat the case would cost
more by virtue of defending it, than settling it. Since Johnson's complaint was more
than plausible, and sympathetic from any reasonable constitutional perspective, the
most just and most pragmatio outcome for Shorewood was immediate settlement. At
that time~ all Johnson was asking for was remediation, estimated at a cost far lower for
Shorewood than continued litigation.
5. I negotiated agreements with Johnson not only as trustee of the wise use oftaxpayers~
funds but also to comply with a court order Johnson had procured ordering the City to
pay Takings Clause compensation to Johnson the City chose not to pay despite the
adjudication his property was taken by the City. To minimize the financial impact on
the City and to also stop wasteful litigation I persuaded Johnson to agree to
compromises he did not have to agree to under the court judgment.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
Subscribed and swom to
Before me this _ day of
November, 2003.
NOTARY PUBLIC
** TOTAL PAGE.03 **
NOV 10 am
November 10, 2003
Honorable Mayor, Members of the City Council
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 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 thiJs property, to alleviate
problems for future projects.
Thank you.
John & Pat Arnst
5480 Teal Circle
Shorewood, MN 55331
.
~.
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
6 November 2003
RE:
Our Savior's Church - Building Moving Permit
AoIJE'{) 'to
11/10103~f~
FILE NO.
Property (23290 State Highway 7)
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 with that
proposal included a proposed utility building located in the northeast corner of the
parking lot (see Exhibit A, attached). The Church has an opportunity to acquire an
existing garage, currently located in Minnetonka. This building measures 24' x 38'
and fits into the space originally set aside on the plan. Exhibit B includes
photographs of the structure.
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 focus.es 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.
1. The Building Official has inspected the structure and has suggested a couple of
technical corrections, such as additional bracing, and Electrical Code compliance.
Otherwise, the building is relatively new (4-5 years) and in very good condition.
2. As mentioned above, the building fits very nicely into the space originally
proposed for a building. It should be noted that the building will be blocked up
until next spring, after which a permanent foundation will be constructed.
~
~
Memorandum
Re: Our Savior's Church - Moving Permit
6 November 2003
3. The route poses no problems. The building will come in on Highway 7, then
directly onto the service road and onto the church property. Due to its low height,
power lines should not be an issue.
Based on these items, the Planning Commission voted unanimously to recommend
approval of the moving permit, with one stipulation - the items currently stored outside
where the building will be placed will be moved inside.
Cc: Craig Dawson
Larry Brown
Tim Keane
Jeff Machmehl
-2-
Jean Panchyshyn
From:
Sent:
To:
Brad Nielsen
Thursday, November 06, 2003 7:18 PM
Craig Dawson; 'Chriz Lizee'; John Garfunkel (E-mail 2); John Garfunkel (E-mail); Laura
Turgeon (E-mail); Scott Zerby (E-mail 2); Scott Zerby (E-mail); Woody Love (E-mail)
'Tim Keane (E-mail)'; Jean Panchyshyn
RE: Addition to Nov. 10 Agenda
Cc:
Subject:
Council,
The staff report Craig refers to is attached, without graphics. Hard copies with the graphics have been mailed to you and
also put in your in-box at City Hall. I apologize for any inconvenience.
Brad
~
Our Sav bldg move
memo. doc
-----Original Message-----
From: Craig Dawson
Sent: Thursday, November 06,20035:32 PM
To: 'Chriz Lizee'; John Garfunkel (E-mail 2); John Garfunkel (E-mail); Laura Turgeon (E-mail); Scott Zerby (E-mail 2); Scott Zerby (E-
mail); Woody Love (E-mail)
Cc: 'Tim Keane (E-mail)'; Brad Nielsen; Jean Panchyshyn
Subject: Addition to Nov. 10 Agenda
On Wednesday, November 5, the Planning Commission heard and recommended approval of a building
moving permit for Our Savior's Lutheran Church. The Church wants to move a 24-foot by 30-foot storage
shed/garage from a location in Minnetonka, and place it on the most northeasterly part of its parking lot. It
would be well-screened by existing vegetation.
Given that the action was taken just last night and given the rush to finalize items on the agenda today, this
one was inadvertently left off This is a time-sensitive issue for the Church. Brad will be completing the
report tonight (as he's leaving for a week of communing with bambies at 4:00 a.m. Friday). He will attempt
to e-mail you the report and graphics. In any event, a hardcopy will be placed in your in-boxes at City Hall
and available on Friday.
I know the Council does not appreciate last-minute items, and particularly does not like to have material
handed to it right before or at the Council meeting. Hopefully, this will provide you an opportunity to have
an adequate review of the matter, and the matter is straightforward. If this matter were not so time-sensitive
for the Church, it would be scheduled in the normal course of handling items from the Planning Commission
at the Council's second meeting of the month.
Craig
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
Executive Summary
Shorewood City Council Regular Meeting
Monday, 10 November, 2003
. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: Lecy Construction has submitted final plans for a three-lot, single-family
residential PUD called High Pointe Estates. As you will recall, the developer will grant a
conservation easement over the portion of the site near Highway 7, in addition to the
wetland conservation easement in the center of the site. Staff recommends approval of
the attached resolution and development agreement.
Agenda Item #3C: Staff is recommending approval of the expenditure of funds from the
Equipment Replacement Fund for an amount of$15,521.31 for the replacement of Dump
Box, Sander and D.G.T. lighting package.
.
Agenda Item #3D: In conjunction with GASB 34, the City Council is asked to approve a
Capital Asset Policy that defines capital assets and how to report them; definitions,
depreciation, and useful life values. The Council reviewed a draft policy at a recent
work-session.
Agenda Item #3E: This resolution lends support to Capestone Builders in their attempt to
obtain an environmental grant from Hennepin County for the cleanup of the Carmichael
Auto Salvage Yard property.
Agenda Item #3F: The developer of the John Pastuck Addition and Mr. Ryan Johannsen,
property owner of 6070 Strawberry Lane, have requested use of the public right of way
along the west side of Strawberry Lane for the installation ofa watermain. Staff is
recommending approval of a motion that authorizes Mr. Pastuck, Mr. Johannsen, and
their contractor use of the public right of way for installation of a 12-inch diameter
watermain along a portion of Strawberry Lane
Agenda Item #3G: In conjunction with the previous City Council item, Mr. Pastuck and Mr.
Johannsen desire to obtain sanitary sewer service from the Metropolitan Council of
Environmental Services (MCES) utility located in the centerline of Strawberry Lane.
Staff is recommending approval of a motion that accepts the petition requesting sanitary
sewer service and forwards said petition to the Metropolitan Council of Environmental
Services. n
t.., PRINTED ON RECYCLED PAPER
.
.
Executive Summary - City Council Meeting of 10 November, 2003
Page 2 of2
Agenda Item #5A: Tom Skramstad, Lake Minnetonka Conservation District (LMCD)
Representative, will be present this evening to report on the LMCD activities.
Agenda Item #6A: This resolution, which is passed annually, sets delinquent utility charges
and other charges and fees to be certified to the County as a levy on the property taxes.
There has been one property owner objecting to the certification and he has requested a
hearing in front of the Council. After convening the public hearing and taking testimony,
staff recommends approval of the attached resolution.
Agenda Item #6B: James Marso has requested that the City vacate a small triangle of public
right-of-way on the north end of his lot at 5495 Edgewood Drive. He also requests
vacation of a 20-foot strip ofr.o.w. abutting the south side of his lot. The City Engineer
will address this issue at the meeting Monday night.
Agenda Item #10A: For the last three years, the City of Shore wood has been operating under
the draft plan of the Comprehensive Stormwater Management Plan. Since that time, the
plans were submitted to the Minnehaha Creek Watershed District (MCWD), the Riley
Purgatory Bluff Creek Watershed Management Organization, Board of Water and Soil
Resources (BWSR) for their review and approval. Staffis recommending approval of the
resolution that adopts the final version ofthe Comprehensive Stormwater Management
Plan.
.
.
.
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 27, 2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
~R~fl
1.
CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:01 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Attorney Keane (arrived 7:03 P.M.); Engineer Brown; Finance Director Burton;
Planning Director Nielsen; and Planning Commission Liaison Woodruff
Absent:
None
B.
Review Agenda
Mayor Love reviewed the Agenda for the meeting. Administrator Dawson stated Item 6A would be
continued to the November 10, 2003, Regular City Council Meeting. Engineer Brown stated Item 3H
was to be removed from the Consent Agenda for the evening, as it would appear on a future Regular City
Council Meeting Agenda.
Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. Joint City Council, Park Commission, Planning Commission Meeting Minutes of
October 6, 2003
Turgeon moved, Zerby seconded, Approving the Joint Oty Council, Park Commission, and
Planning Commission Meeting of October 6, 2003, as presented. Motion passed 5/0.
B. City Council Regular Meeting Minutes, October 13, 2003
Zerby moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of
October 13, 2003, as amended, on Page 6, Item 9C, Paragraph 3, change ''twenty people" to twenty
Councilmembers." Motion passed 5/0.
C. City Council Work Session Meeting Minutes, October 20, 2003
Lizee moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of
October 20, 2003, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein:
#- c2-1t
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 27, 2003
Page 2 of7
If
A. Approval of the Veritied Claims List
B. Adopting RESOLUTION NO. 03-090, "A Resolution Approving Licenses to Sell
Tobacco Products."
C. Appeal of Deadline to Correct Zoning Violations at 5810 Ridge Road
D. Authorize Expenditure of Funds for a Utility Body
E. Adopting RESOLUTION NO. 03-091, "A Resolution Approving Smithtown Estates
Final Plat."
F. Adopting RESOLUTION NO. 03-092, "A Resolution Granting Preliminary Plat
Approval for John Pastuck Addition."
G
Adopting RESOLUTION NO. 03-093, "A Resolution Approving Plans,
Specifications, and Estimate, and Authorize Request for Solicitation of Quotes for
LED Signal."
.
H. Approve plans, specifications, and estimate, and authorize request for solicitation of
quotes for advanced warning flashers for the SLMPDIEFD (This item was deleted
from the Consent Agenda.)
I. Approving a Temporary Sign Permit for Shorewood Liquors
Motion passed 5/0.
4. MA TTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. REPORTS AND PRESENTATIONS
.
None.
6. PUBLIC HEARING
A. Approval of Certification of Delinquent Utility Charges
Garfunkel moved, Turgeon seconded, Continuing this matter to the November 10, 2003, Regular
City Council Meeting Agenda. Motion passed 5/0.
7. PARKS
Engineer Brown reported on the Park Commission Seminar held October 14, 2003, at the South Shore
Community Senior Center. He noted the attendance of several other Park Commission members from
other nearby municipalities, as well as representatives of the Minnesota Recreation and Park Association,
and Community Rec. Resources, the consulting fIrm that provided Park Coordinator Services to the City
for the past year.
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 27,2003
Page 3 of7
7. PLANNING
Commissioner Woodruff reported on matters considered and action taken at the October 21, 2003,
Planning Commission Meeting (as detailed in the minutes of that meeting).
A. Setback Variance
Applicant: Nancy Osgood
Location: 4640 Lakeway Terrace
.
Director Nielsen explained the applicant had requested a setback variance to expand her existing garage at
4640 Lakeway Terrace. Her property was a comer lot, located in the R-ID/S, Single-Family
ResidentiallShoreland zoning district. The existing house and attached garage were nonconforming with
respect to the north side yard setback. Instead of the required 30 feet, the garage was 24 feet. Ms.
Osgood wished to expand the garage 4.3 feet further into the setback. He also noted the property
contained 18,634 square feet of area and was approximately 80 feet wide. The house was built before the
current zoning requirements and the garage was less than 20 feet wide. The variance would provide a
standard 24-foot, 2-car width for the garage.
Director Nielsen further explained the City had an unwritten policy that the inability to have a two-car
garage in Minnesota constituted a hardship. The proposed garage would measure 22.7' x 24'. Staff
considered alternatives to the variance, such as building additional detached space on the back of the lot.
However, a garage located on the rear part of the lot would necessitate another driveway entrance from
Minnetonka Boulevard. He stated good planning avoided direct access to collector streets to the extent
possible, and approval had been recommended from the Planning Commission with the stipulation that
there be no future access to the property from Minnetonka Boulevard.
Director Nielsen noted Ms. Osgood was not able to be present this evening.
Turgeon moved, Zerby seconded, Approving a Setback Variance for Nancy Osgood, 4640 Lakeway
Terrace. Motion passed 5/0
.
B.
Wetland Setback Variance
Applicant: Mike Seifert and Jon Rohs
Location: 5965 and 5975 Lake Linden Court
Director Nielsen stated the Mike Seifert, owner and developer of the Linden Hills residential development
project, located on the south side of Yellowstone Trail, east of Lake Linden Drive, had requested relief
from the City in the form of wetland setback variances for Lots 4 and 5. As part of the platting process,
Mr. Seifert contracted to have any wetlands on the property delineated. The obvious wetland on the
property was the basin historically referred to as Lake Linden. The wetland scientist performing the work
also addressed two other low areas on the property, determining that they were not wetlands. The
Minnehaha Creek Watershed District (MCWD) insisted that one of the basins, located between Lots 4 and
5, be shown as a Type I wetland, from which they require a 16.5-foot buffer. Since this did not appear at
the time to adversely affect the two lots, a drainage and utility easement was included on the plat for
Linden Hills. In the process of laying out building sites for the project, Mr. Seifert became aware that the
City's wetland buffer and setback requirements were more stringent than those of the Watershed District.
Shorewood required a 35-foot natural buffer and a IS-foot setback from the buffer, a total of 50 feet. He
noted the process utilized by the MCWD in considering the wetland, and also noted the wetland
delineator had, on three separate occasions, stated this area was not a wetland.
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 27, 2003
Page 4 of7
Director Nielsen noted the Planning Commission had recommended approval of the proposed variance,
subject to Staff recommendations, markers being placed on the site to designate the wetland area, and a
16.5-foot buffer with a 35-foot setback around the wetland.
Jon Rohs, owner of Jon Rohs Construction, stated he and Mr. Seifert were trying to work with the
landscaping as a buffered area on the site. He stated he had considered the complexities of arguing the
matter further with the MCWD, but decided it would be more prudent to try to work with the City instead
to resolve the buffer issue. He went on to state he had considerable experience building on difficult sites
in the area, and noted this site would be challenging, should Council request moving the building sites to
a different location on the property. He disagreed with the idea that this site contained a wetland, but
thought granting the variance would allow the building to proceed.
Discussion ensued regarding clarification on the buffer zone for the "wetland" area. Councilmember
Turgeon stated she was disappointed the MCWD guidelines were not compatible with the City's in this
case, as both parties were aware of buffer guidelines for the other. .
Mayor Love stated he believed the Type 1 designation to be debatable in this case, and thought a
compromise to support the recommendations from the Planning Commission would be appropriate.
.
Zerby moved, Turgeon seconded, Granting a Wetland Setback Variance, subject to Staff
recommendations, markers being placed on the site to designate the wetland area, and a 16.5-foot
buffer with a 35-foot setback around the wetland, for Mike Seifert and Jon Robs, 5965 and 5975
Lake Linden Court. Motion passed 5/0.
C. Conditional Use Permit...; Accessory Space over 1200 Sq. Ft
Applicant: T.J. Maurer Const. (rep. Gary and Elaine Jarrett)
Location: 5315 Howards Point Road
Director Nielsen stated Timothy Maurer, TJ. Maurer Construction, on behalf of Mr. and Mrs. Jarrett, had
applied for a Conditional Use Permit to construct an attached garage and room additions on their property
located at 5315 Howard's Point Road. The floor area of the new garage, when combined with the existing
attached garage brought the total area of accessory space on the property over 1200 square feet, and thus
necessitated the request. The property was zoned R-IA1S, Single-Family ResidentiallShoreland and .
contains 52,421 square feet of area.
The existing house plus the new additions would contain approximately 4929 square feet of floor area in
the two levels above grade. The existing garage contained 832 square feet of floor area. The proposed
garage contained an additional 468 square feet, which brought the total area of accessory space on the site
to 1300 square feet. The new garage would be an extension of the existing garage. As part of the project,
a second level living space would be built over both the existing garage as well as the new garage.
Director Nielsen stated the request complied with all criteria for the City Code. Hardcover on the
property would increase from 22.1 to 23 percent. He also noted that although five garage doors would be
visible on the east elevation, existing cedar trees to the east would mitigate the view.
Director Nielsen stated he had received information from the applicant earlier in the day indicating the
overall hardcover amount, as shown on the survey, had increased from what the applicant had originally
thought, but the applicant was willing to remove existing hardcover on the site to bring it below the
required 25% for the property.
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 27, 2003
Page 5 of7
Councilmember Turgeon expressed concern for a completion date for removal of the existing hardcover,
and requested that information be made part of the resolution on the matter.
Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 03-094, "A Resolution Granting a
Conditional Use Permit for Additional Accessory Space, subject to the stipulation that the
hardcover be corrected this fall or the owner would provide a cash escrow to guarantee the
completion of the removal of said hardcover by June 1, 2004, for Gary and Elaine Jarrett, 5315
Howard's Point Road." Motion passed 5/0.
D. Conditional Use Permit - Accessory Space over 1200 Sq. Ft.
Applicant: Water Street Homes, LLC
Location: 5935 Lake Linden Court
.
Director Nielsen explained Water Street Homes was in the process of constructing a new home on the
property located at 5935 Lake Linden Court. The applicant had chosen to include space under the
attached garage for additional storage. The total floor area of the two garage levels would be greater than
1200 square feet in area and the applicant therefore had requested a Conditional Use Permit.
The property was zoned R-IC, Single-Family Residential and contained approximately 27,200 square feet
in area. The garage areas were located on the northwest end of the home and contained 890 square feet of
area on the upper level, and 808 square feet on the lower level. The proposed home contained 3566
square feet on two floors (not including the basement). He noted the applicant's request met all criteria
for a Conditional Use Permit, and Staff and the Planning Commission recommended approval.
Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 03-095, "A Resolution Granting
a Conditional Use Permit for Additional Accessory Space for Water Street Homes, LLC, 5935 Lake
Linden Court." Motion passed 5/0.
9. GENERALlNEW BUSINESS
None.
. 10. ENGINEERINGIPUBLIC WORKS
A. Declaring Public Purpose - Lake Linden Trail
Engineer Brown explained Council was considering a resolution that would declare the Public Purpose
and commence the eminent domain proceedings for the portion of right-of-way necessary to complete the
trail along Lake Linden Drive. The property currently existed as 6030 and 6040 Lake Linden Drive.
Engineer Brown also noted the area to be acquired as permanent right-of-way was two feet west of the
westerly edge of the proposed trail. An additional temporary construction easement of lO-feet was also
proposed as part of the project. This easement would expire after completion of construction.
Mayor Love thanked the Staff for its work in bringing this resolution to fruition.
Attorney Keane, in response to Councilmember Turgeon's question, explained the eminent domain
proceeding process.
Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 03-096, "A Resolution Relating to the
Acquisition of Property for Lake Linden Drive Right-of-Way." Motion passed 5/0.
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 27, 2003
Page 60f7
B. Accept Proposal for Streetscape Design Services - County Road 19 Realignment
Project
Engineer Brown explained WSB and Associates, Inc., the City's consulting engineering fIrm, had
submitted a proposal from Brauer and Associates for Streetscape design services as part of the County
Road 19 Realignment project. He then reviewed the history of the project to date, noting that design of
the street lighting and streetscape was not included as part of the contract with Hennepin County. The
County was willing to incorporate the work into the project; however, the design, construction costs for
the design, and financial responsibility for design and construction of the streetscape was to be borne by
the City. Engineer Brown then reviewed the elements of the proposal from WSB and Associates, noting
the proposal included a cost not to exceed $21,293, of which $6,000, plus expenses, would be performed
by Brauer and Associates for the streetscape design. He stated this project would be funded through the
Municipal State Aid and local roadways funds.
Councilmember Zerby stated the project design was beautiful, but he was concerned certain parameters
needed to be given for the design costs. Engineer Brown explained the proposal included a "not to
exceed" clause and would be returned to the Park and Planning Commissions as well as Council for
additional comment.
.
Engineer Brown, in response to Councilmember Turgeon's question, explained the process for securing
and utilizing the funds in the Municipal State Aid account. He noted there was some flexibility in this
account until the Smithtown Road project was complete, and then he would be able to provide more
definitive answers at a later date regarding the funding issues associated with this project.
Zerby moved, Lizee seconded, Accepting the Proposal for Streetscape Design Services, not to
exceed $21,293, for the County Road 19 Realignment Project. Motion passed 5/0.
11. REPORTS
A. Administrator & Staff
1.
County Road 19 Intersection
.
Engineer Brown reported he had met parties involved in construction of the County Road 19 Intersection
project in effort to get the design process moving forward. He noted the addition of the streetscape items
would be challenging. The City had requested additional left turn lanes as part of the preliminary layout
for the overall project. More information would be provided later as the project progressed.
Administrator Dawson noted the Metropolitan Council had agreed to provide $75,000 as part of a
Metropolitan Environmental Partnership Grant for Gideon Glen. He also congratulated Gregory DeJute
on having the Eagle Scout status conferred upon him. Mr. DeJute was the Boy Scout responsible for
restoration and beautifIcation efforts on the Gideon monument last year.
2. Public Safety Facilities
Administrator Dawson reported the West Side Facility was on schedule with the Excelsior Fire District
taking occupancy in mid-December of this year, and the South Lake Minnetonka Police Department
moving in after the first of the Year 2004. Further, he noted the Deephaven City Council had approved
.
.
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 27, 2003
Page 7 of7
the architectural design and site plan for the East Side Facility, and the Excelsior Fire District Board had
recommended award of construction contracts.
3. Smithtown Road
Engineer Brown reported the last pavement had been laid in this project, striping would commence this
week, and fInal seeding and sod would be laid as the weather allowed it. He stated he was aware of the
concerns regarding the discrepancies in width in the striping, and would check into the matter.
Administrator Dawson also noted the opening of the City's Shorewood Village Shopping Center Liquor
Store, and noted the Grand Opening would take place at the store on November 6-15,2003.
B. Mayor & City Council
Council noted the opening of the new CUB Foods store in the Shorewood Village Shopping Center.
Issues pertaining to lighting, trucks parked as advertisements on the site, and traffic in the area were
discussed. Mayor Love requested Staff report on resident concerns regarding the area for the next 30-60
days.
Mayor Love noted there would be a meeting of the South Lake Minnetonka Police Department
Coordinating Committee to discuss the SLMPD budget and recommended approaches to providing
services with the reduced increase revenue.
12. ADJOURN
Zerby moved, Turgeon seconded, Adjourning the October 27, 2003, Regular City Council Meeting
at 8:27 P.M. Motio~ passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, OCTOBER 27,2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
Immediately Following EDA Meeting
MINUTES
1. CONVENE WORK SESSION MEETING
otU\fl
Mayor Love called the meeting to order at 8:43 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Engineer Brown; Finance Director Burton, and Planning Commission
Liaison Woodruff
.
Absent:
Attorney Keane and Planning Director Nielsen
B. Review Agenda
Without objection from the Council, Mayor Love proceeded with the Agenda.
2. ENTERPRISE BUDGETS
Finance Director Burton explained the Year 2004 Draft Budgets were being reviewed this evening for
further consideration and discussion. She went on to explain these budgets comprised the City's
Enterprise Funds that allowed the City to experience revenue for providing these services to residents.
A. Water and Debt Service Budgets
.
Director Burton explained the Water Fund Budget was comprised of two parts: the Water Operating
Budget and the Water Debt Service Budget. The 2004 Water Debt Service payments for the two
existing bond issues were scheduled to be approximately $265,000 and would be paid by a transfer
from the Water Operating Budget. The Water Operating Budget revenues were projected at
$1,222,000 and the expenses were forecast at $1,438,804, resulting in a deficit of approximately
$216,800. Items contributing to the shortfall included the debt service transfer and depreciation.
Director Burton also noted proposed capital expenditures include the Woodhaven Well
Interconnection, the Badger Well House Reconstruction, the Water Meter Radio Read project (Year 1
of 3), Southeast Area Water Tower Painting, Installation of the Southeast Area Well VFD, and the
Amesbury Polyphosphate System.
Director Burton explained that in order for the Water Funds to be self-supporting financially, to
assure the system could provide for improvements and enhancements, and to preserve fund balance at
current levels, proposal of a water rate increase was necessary.
After working with Staff and Council input from previous Work Session meetings on this topic,
consensus had been reached regarding the potential three-year step approach to water rate increases.
Based on that approach, water rates would increase incrementally over the next three years and were
to be based on a three-tiered usage formula that would increase the average quarterly water bill (for
approximately 30,000 gallons) from about $65 to $89. She also noted that in comparison with other
-#J-.8
CITY COUNCIL WORK SESSION MEETING MINUTES
October 27, 2003
Page 2 of 3
neighboring municipalities, the City's water rates were similar to that of other South Lake
Minnetonka communities.
Discussion ensued regarding the options available for increasing the number of users on the water
system in effort to reduce the financial impact to residents through the use of water rate increases for
the upcoming years. Council agreed the water rate increase was necessary in 2004 and also agreed to
discuss options for increasing connections to the City's Water System at a future Work Session
meeting.
B. Sanitary Sewer Budget
Proposed operating revenues and expenditures for the Year 2004 were contemplated at approximately
$870,000. Capital improvements for the year, including refurbishment of Lift Stations 8 and 15, and
an Inflow & Infiltration Control and Reduction Projects were expected expenditures totaling
$121,500. A rate increase was not proposed at this time.
c.
Recycling Budget
.
Director Burton reported the recycling budget contemplated revenues and expenditures of about
$117,480. She noted the number of households participating in the recycling program remained stable
with approximately 1,100 households per month. A rate increase was not proposed at this time.
D. Stormwater Management Budget
The 2004 Stormwater Management Budget contemplated revenues and expenditures of $361,000,
including operations and debt service payments for the Gideon Glen land acquisition. Capital
improvement projects included the Gideon Glen Drainage project, Boulder Bridge Lift Station
improvements, and the Glen Road Drainage Improvement project.
E. Liquor Operations Budget
Director Burton noted the City anticipated reasonable profit levels in the City's liquor operations in .
the upcoming year. She noted Store #2, in the Shorewood Village Shopping Center, was open for
business, in its new location, and expected profitability in the upcoming year.
3. CAPITALIZATION POLICY
Director Burton explained the City Staff was preparing for the GASB 34 transition as part of a new
financial reporting regulations. One of the requirements was to provide for infrastructure reporting
through definition of assets, and how to report them. Further information would be shared at a
Regular City Council Meeting in November for formal adoption.
4. OTHER
Engineer Brown briefly explained the possibilities being explored regarding an interim traffic signal
to be utilized on the County Road 19 intersection project. After a brief discussion by Council and
Staff, it was recommended the City hold off on purchase of such an interim fixture at this time, until
further requested information could be made available from Hennepin County.
.
.
CITY COUNCIL WORK SESSION MEETING MINUTES
October 27, 2003
Page 3 of 3
5. ADJOURN
Turgeon moved, Zerby seconded, Adjourning the City Council Work Session Meeting of
October 27, 2003, at 9:52 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
ATTEST:
Craig W. Dawson, City Administrator
Woody Love, Mayor
PAYABLESAPPROVALS
For 11/10/03 Council Meeting
II - jf)
. Prepared by: C();fliJAJ/iW (A Date: U{rt13
Catherine EIke, Sr. Accountant
Reviewed by: ~~ Date: 11/064.3
Bonnie Burton, Fin e Director
Date: J L06.~
wson, City Administrator
.
1F 311
~
Check Approval List for 11/10/03 Sorted by Department
"
Check # Vendor Name Description Check Date Invoice # Amount
36248 AT&T WIRELESS SERVI 10/30/2003 4160966-1 $64.83
36248 AT&T WIRELESS SERVI 10130/2003 4160966-1 $33.17
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/30/2003 $2.43
36251 HENNEPIN COUNTY TRE SEPT ROOM/BOARD 10/30/2003 190 $375.25
36253 LOCAL LINK USA BUSIN NOV WEB SVC 10/30/2003 95220466 $109.95
36255 MINNETONKA COUNTRY APRRECIATION PARTY D 10/30/2003 $500.00
36256 MINN NCPERS GROUP L NOV ELECT LIFE PREM 10/30/2003 $12.00
36257 PANCHYSHYN, JEAN MISC EXPENSES 10/30/2003 $19.00
36257 PANCHYSHYN, JEAN MISC EXPENSES 10/30/2003 $40.24
36260 ROGERS, DON COUNCIL PKT DELlVERIE 10130/2003 $150.00
36261 SHOREWOOD PARKS F REPL CK#28799-SKATE P 10/30/2003 $245.88
36262 SUN PATRIOT NEWSPA BOSWORTH CUP 10/30/2003 823 $31.84
36265 AFSCME COUNCIL 14 NOV UNION DUES 11/6/2003 $193.90
36268 BERRY COFFEE CO 11/6/2003 377678 $44.00
36268 BERRY COFFEE CO 11/6/2003 377679 $45.50
36270 BRYAN ROCK PRODUCT 11/6/2003 10215 $102.93
36271 CHAMPION AUTO STOR PARKS SUPPLIES 11/6/2003 D223361 $12.n .
36271 CHAMPION AUTO STOR PARKS SUPPLIES 11/6/2003 D2245n $73.47
36271 CHAMPION AUTO STOR MISC SHOP SUPPLIES 11/6/2003 D227399 $4.24
36271 CHAMPION AUTO STOR TRAILER HITCH/BALL 11/6/2003 D228132 $52.15
36271 CHAMPION AUTO STOR ALTERNATOR 11/612003 D228750 $102.23
36272 COVERALL OF THE TWI NOV CLEANING SVC 11/6/2003 80289 $335.48
36272 COVERALL OF THE TWI NOV CLEANING SVC 11/6/2003 80290 $195.96
36273 DONALD SALVERDA & A MN BUS MAG LUNCHEON 11/6/2003 L-009 $45.00
36275 EXCELSIOR ACE HARD PARKS SUPPLIES 11/6/2003 586093 $2.44
36275 EXCELSIOR ACE HARD PARKS SUPPLIES 11/612003 588197 $17.86
362n ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 1 11/6/2003 302131-11 $1,088.76
36279 KEEFE, SALLY OCT SVCS 11/6/2003 $575.00
36279 KEEFE, SALLY OCT SVCS 11/6/2003 $50.00
36279 KEEFE, SALLY OCT SVCS 11/6/2003 $350.00
36280 KENJARCHOINSURANC COMPUTE~DATAPROCI 11/6/2003 12568 $571.00
36280 KENJARCHOINSURANC PUB EMPL BLANKET BON 11/6/2003 51058982- $729.00
36281 LAN-DE-CON INC REPL TREE-LK LINDEN D 11/6/2003 1878 $284.00 .
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/6/2003 02000276 $15,420.00
36284 METLlFE NOV DENTAL PREM 11/6/2003 KM05569 $735.04
36286 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 11/6/2003 $193.35
36287 MN LANDSCAPE ARBOR GIFT CERT FOR GARDEN 11/6/2003 $325.00
36289 NGUYEN, MICHEUE OCT MILEAGE 11/6/2003 $26.59
36289 NGUYEN, MICHELLE SEPT MILEAGE 11/6/2003 $26.46
36291 PAZANDAK, JOSEPH MILEAGE 10/20-10/31/03 11/6/2003 $116.64
36292 PERA PAYROLL DEDUCTIONS 1 11/6/2003 762400-11 $2,569.47
36292 PERA PAYROLL DEDUCTIONS 1 11/6/2003 762400-11 $2,369.65
36294 PRUDENTIAL INS CO OF NOV LIFE PREM 11/6/2003 $81.65
36294 PRUDENTIAL INS CO OF NOV LIFE PREM 11/6/2003 $37.05
36296 SUN PATRIOT NEWSPA MARSO VACATE ROW 11/6/2003 824 $48.12
36297 TONKA PRINTING CO. WINDOW ENVELOPES 11/6/2003 3065 $230.04
36301 VERIZON WIRELESS 11/6/2003 35135955 $45.34
36304 AMERICAN ENGINEERIN OAK VIEW ESTATES 11/1212003 24328 $723.04
36304 AMERICAN ENGINEERIN LINDEN HILLS 11/1212003 24330 $2,179.12
36307 BKV GROUP OCT SVCS-SPACE NEED 11/1212003 21007 $5,110.00
36308 COMM CENTER FCC LICENSE FOR BASE 11/1212003 2WAYW 5 $100.00
36309 COMMUNITY REC RESO OCT SVCS 11/1212003 10 $1,640.00
r.:%;'~:':'J::1\::r!;:t'iT",".Mm~:rc}r;i:'!f:"";:ff:'Fi~;!7;i];w'!Z:'.i'ffi"~ii.~_~r:::tf'",10i\'.~:~~;O;:"~,;;o1;:i:\"';f:_;~);~,:~~_~-::;;:d~.-.lt~t::l$~"?';;ir:,(,~,~Y.;,:>\-~:~:":C;I:');::_,'_;!;
,::';;':;::';xm.;;~;;:),%~;:!,,";~",'i~.ilr'>ii:.-1.:;~,12.-j,112~,,,'~"~Z~';:;.-~)::;:1':..~4'::E.3~~~1~'cr1!l'.ft.ri.'E~If~~SjfF.:r.:.:::r!~"itc~\7i:i
Thursday, November 06, 2003 Page 1 of6
Check # Vendor Name Description Check Date Invoice # Amount
36312 EARL F. ANDERSEN, INC SIGNS 11/12/2003 56870 $220.15
36318 KAR PRODUCTS SHOP SUPPLIES 11/12/2003 90007840 $379.97
36320 MCLEOD USA 11/1212003 1874060 $156.43
36320 MCLEOD USA 11/12/2003 1874060 $470.28
36320 MCLEOD USA 11/1212003 1874060 $136.26
36323 MINNEGASCO 11/12/2003 $34.09
36323 MINNEGASCO 11/1212003 $12.48
36323 MINNEGASCO 11/12/2003 $81.92
36323 MINNEGASCO 11/12/2003 $65.63
36324 MTI DISTRIBUTING COM MOWER PARTS 11/1212003 385215-00 $11.72
36324 MTI DISTRIBUTING COM MOWER PARTS 11/1212003 385833-00 $24.52
36325 OFFICE DEPOT 11/1212003 22011747 $70.84
36325 OFFICE DEPOT 11/1212003 22049366 $2n.72
36325 OFFICE DEPOT 11/1212003 22095379 $56.49
36326 ORONO, CITY OF NOV ANIMAL CONTROL 11/12/2003 2685 $1,579.08
36329 POTTS, KENNETH N. OCT PROSECUTIONS 11/1212003 $1,608.33
36330 QWEST 11/1212003 $89.86
36331 SPEEDWAY SUPERAME 11/1212003 $749.84
36334 WASTE MANAGEMENT NOV SVC 11/1212003 0660248-1 $230.69
. 36335 WSB AND ASSOCIATES CUB FOODS WATERMAIN 11/1212003 01074-762 $1,428.00
36335 WSB AND ASSOCIATES LINDEN HILLS CONSTR 0 11/1212003 01074-790 $1,718.00
36335 WSB AND ASSOCIATES CUB FOODS 11/12/2003 01074-800 $209.00
36335 WSB AND ASSOCIATES OAKVIEW ESTATES CON 11/1212003 01074-810 $397.00
36335 WSB AND ASSOCIATES ALDENWOOD PLAN REVI 11/1212003 01074-840 $78.00
36337 XCELENERGY 11/1212003 0114-707- $14.76
36337 XCELENERGY 11/1212003 0326-600- $33.86
36337 XCEL ENERGY 11/1212003 0356-200- $21.42
36337 XCEL ENERGY 11/1212003 0727-302- $247.96
36337 XCELENERGY 11/12/2003 1300-208- $93.68
36337 XCELENERGY 11/12/2003 14n-205- $270.85
36337 XCEL ENERGY 11/1212003 1541-203- $7.38
36337 XCELENERGY 11/1212003 1966-609- $138.45
36337 XCEL ENERGY 11/1212003 2052-902- $13.83
36337 XCEL ENERGY 11/1212003 2164.107- $72.53
TOTAL FOR 101 GENERAL FUND $49,437.86
. 36335 WSB AND ASSOCIATES FREEMAN PK DRIVEWAY 11/1212003 01074-483 $6,985.00
36335 WSB AND ASSOCIATES MALLARDITEALlBRAND S 11/12/2003 01074-732 $452.00
36335 WSB AND ASSOCIATES LK LINDEN DR PED TR D 11/1212003 01459-013 $1,187.00
TOTALFOR 404 STREET CAPITAL IMPROVEMENT $8,624.00
36267 BAILEY, BOYD OCT SMITHTOWN RD MIL 11/612003 $143.64
36267 BAILEY, BOYD AUG SMITHTOWN RD MIL 11/6/2003 $62.64
36267 BAILEY, BOYD SEPT SMITHTOWN RD MI 11/6/2003 $153.36
36321 MIDWEST ASPHALT CO SMITHTOWN RD PV#4 11/1212003 $159,975.25
36335 WSB AND ASSOCIATES SMITHTOWN RD OVERLA 11/1212003 01074-583 $39,590.46
TOTAL FOR 405 MSA CAPITAL IMPROVEMENT $199,925.35
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/3012003 $33.08
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 1013012003 $0.19
36275 EXCELSIOR ACE HARD WATER SUPPLIES 11/6/2003 588857 $6.38
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/6/2003 02000276 $321.50
36288 NEXTEL COMMUNICATI 11/6/2003 58828331 $54.17
36320 MCLEOD USA 11/1212003 1874060 $90.84
36320 MCLEOD USA 11/1212003 1874060 $45.42
36323 MINNEGASCO 11/1212003 $18.15
'T;t:;:;l:;;:\1Vo~::b;~06:'2(/03"'"'':;:'''''''';;';'''"''''''"''t.'''='''';'C,""".'''';:''''1::.-':''''',:,,,,\,,.:,,;.'~:.:..;'.''''''2'''''', ";,..";;:""''',"_''i5Q.'''.,=,'''''c~~e'''''!'''''''''
''''Ct..",.,,,.,,".;01p;g;2:'~J"6
Check # Vendor Name Description Check Date Invoice # Amount
36323 MINNEGASCO 11/12/2003 $79.02
36323 MINNEGASCO 11/12/2003 $46.41
36330 QWEST 11/12/2003 $51.61
36330 QWEST 11/12/2003 $51.61
36337 XCELENERGY 11/12/2003 0234-748- $7.38
36337 XCEL ENERGY 11/12/2003 1692-607- $90.72
36337 XCELENERGY 11/12/2003 1n6-835- $10.48
36337 XCELENERGY 11/12/2003 2270-109- $548.84
TOTAL FOR 601 WATER UTIliTY $1,455.80
36248 AT&T WIRELESS SERVI 10/30/2003 2893733-1 $88.68
36248 AT&T WIRELESS SERVI 10/30/2003 4160966-1 $92.00
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/30/2003 $10.55
36269 BRAUN PUMP & CONTR REPRS L.S. #20 & 5 11/6/2003 6219 $127.50
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 586737 $4.61
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 588127 $12.08
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 588637 $8.50
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 588653 $1.58
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 589527 $2.12
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/6/2003 02000276 $321.50
36288 NEXTEL COMMUNICATI 11/6/2003 58828331 $54.16
36337 XCELENERGY 11/1212003 0074-000- $7.93
36337 XCELENERGY 11/12/2003 0191-308- $20.06
36337 XCEL ENERGY 11/12/2003 0640-202- $11.26
36337 XCEL ENERGY 11/12/2003 0675-505- $16.82
36337 XCELENERGY 11/12/2003 0942-567- $30.59
36337 XCELENERGY 11/12/2003 1350-001- $21.51
36337 XCELENERGY 11/12/2003 1641-408- $51.26
36337 XCEL ENERGY 11/12/2003 1765-206- $24.51
36337 XCELENERGY 11/12/2003 2325-902- $20.06
36337 XCELENERGY 11/12/2003 2397-003- $9.79
36337 XCEL ENERGY 11/12/2003 2486.903- $22.79
TOTAL FOR 611 SANITARY SEWER UTILITY $959.86
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 1013012003 $0.96
36250 FASCHING, PATRICIA FOOD FOR FALL CLEANU 10/30/2003 $58.55
TOTAL FOR 621 RECYCliNG UTIliTY $59.51
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10130/2003 $0.73
36314 F.F. JEDLlCKIINC REPL CULVERT-EUREKA 11/12/2003 $4,275.00
36335 WSB AND ASSOCIATES WATER RESOURCE MGM 11/12/2003 01074-080 $36.00
TOTAL FOR 631 STORMWATER MANAGEMENT UTIliTY $4,311.73
36247 ARCTIC GLACIER INC 1013012003 46332930 $70.96
36252 HOHENSTEINS INC 10/30/2003 315228 $109.50
36252 HOHENSTEINS INC 10/30/2003 316306 $232.40
36254 MARLIN'S TRUCKING 10130/2003 13250/137 $58.50
36254 MARLIN'S TRUCKING 10/3012003 13250/137 $58.50
36258 QUALITY WINE & SPIRIT 10/30/2003 31 n13-oo $205.n
36259 QWEST DEX 10/3012003 01709368 $66.50
36263 SWANDBY, DONALD SEPT MILEAGE/CELL EX 10/30/2003 $10.60
36263 SWANDBY, DONALD SEPT MILEAGE/CELL EX 10130/2003 $19.99
36264 WINE COMPANY (THE) 10/30/2003 13276-00 $429.40
36266 ARCTIC GLACIER INC 11/6/2003 46232910 $30.60
36274 EAST SIDE BEVERAGE 11/6/2003 220088 $1,291.65
36274 EAST SIDE BEVERAGE 11/612003 2201n $189.15
36276 HERMEL WHOLESALE 11/6/2003 438059 $46.57
..
.
.
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Check # Vendor Name Description Check Date Invoice # Amount
36276 HERMEL WHOLESALE 11/6/2003 438059 $386.62
36276 HERMEL WHOLESALE 11/6/2003 440154 $366.38
36278 JOHNSON BROS L1QUO 11/6/2003 1623307 $530.75
36278 JOHNSON BROS L1QUO 11/6/2003 1623307 $1,933.64
36278 JOHNSON BROS L1QUO 11/6/2003 1623308 $26.00
36278 JOHNSON BROS L1QUO 11/6/2003 233511 ($7.33)
36278 JOHNSON BROS L1QUO 11/6/2003 233512 ($6.89)
36278 JOHNSON BROS L1QUO 11/612003 233513 ($10.00)
36278 JOHNSON BROS L1QUO 11/6/2003 233514 ($40.14)
36280 KENJARCHOINSURANC PUB EMPL BLANKET BON 11/6/2003 51058982. $121.50
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/612003 02000276 $1,713.00
36283 MARK VII 11/6/2003 24745 ($120.70)
36283 MARK VII 11/6/2003 592428 $697.85
36284 METLlFE NOV DENTAL PREM 11/6/2003 KM05569 $49.76
36285 MIDWEST COCA-COLA B 11/6/2003 63246196 $109.80
36285 MIDWEST COCA-COLA B 11/6/2003 63256161 $147.95
36290 PAUSTIS WINE COM PAN 11/6/2003 8017235 $203.50
36293 PHILLIPS WINE & SPIRIT 11/612003 997507 $123.05
36293 PHILLIPS WINE & SPIRIT 11/6/2003 997507 $791.15
. 36293 PHILLIPS WINE & SPIRIT 11/6/2003 997507 $1,543.76
36294 PRUDENTIAL INS CO OF NOV LIFE PREM 11/6/2003 $3.90
36295 QUALITY WINE & SPIRIT 11/6/2003 3213338-0 $771.86
36295 QUALITY WINE & SPIRIT 11/612003 323594-00 $134.56
36295 QUALITY WINE & SPIRIT 11/6/2003 323702-00 $2,437.52
36295 QUALITY WINE & SPIRIT 11/6/2003 323702-00 $158.40
36295 QUALITY WINE & SPIRIT 11/6/2003 326390-00 $670.23
36295 QUALITY WINE & SPIRIT 11/6/2003 326390-00 $1,891.50
36295 QUALITY WINE & SPIRIT 11/612003 326446-00 $894.37
36295 QUALITY WINE & SPIRIT 11/6/2003 326470-00 $267.42
36298 TOWLE REAL ESTATE C NOV RENT 11/6/2003 $4,679.49
36300 VERIZON DIRECTORIES 11/6/2003 39000848 $20.30
36303 WINE MERCHANTS 11/6/2003 82523 $352.00
36305 BELLBOY BAR SUPPLY 11/12/2003 37685400 $18.51
36306 BELLBOY CORPORATIO 11/12/2003 27649800 ($156.00)
36306 BELLBOY CORPORATIO 11/1212003 27651900 $312.00
36306 BELLBOY CORPORA TIO 11/12/2003 27651900 $122.85
. 36306 BELLBOY CORPORA TIO 11/1212003 27716000 $1,968.23
36310 CONSTRUCTION RESUL L1Q #2 CONSTR-PV #2 11/1212003 $46,857.60
36311 DAY DISTRIBUTING 11/1212003 238650 $146.60
36311 DAY DISTRIBUTING 11/1212003 238650 $16.90
36311 DAY DISTRIBUTING 11/12/2003 239544 $1,366.85
36313 EAST SIDE BEVERAGE 11/12/2003 220276 $32.90
36313 EAST SIDE BEVERAGE 11/12/2003 220276 $4,364.50
36313 EAST SIDE BEVERAGE 11/12/2003 220340 $1,100.20
36315 GRIGGS, COOPER & CO 11/1212003 622820 ($7.85)
36315 GRIGGS, COOPER & CO 11/12/2003 788482 $637.81
36315 GRIGGS, COOPER & CO 11/12/2003 788711 $258.90
36315 GRIGGS, COOPER & CO 11/1212003 791802 $550.35
36315 GRIGGS, COOPER & CO 11/1212003 792013 $1,167.96
36315 GRIGGS, COOPER & CO 11/1212003 792288 $1,554.08
36317 JOHNSON BROS L1QUO 11/12/2003 1626512 $199.99
36317 JOHNSON BROS L1QUO 11/12/2003 1626513 $207.91
36317 JOHNSON BROS L1QUO 11/12/2003 1626513 $47.98
36317 JOHNSON BROS L1QUO 11/12/2003 1626513 $1,181.98
36317 JOHNSON BROS L1QUO 11/12/2003 1629617 $699.60
36317 JOHNSON BROS L1QUO 11/12/2003 1629617 $622.27
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:;.!.,:,~r.,:';B.~:;",.,:,-T::_;l:.!~~'.~:;;''r1;;{.:;<L\;~~1::.,:,,,;r,m;t<;t'it'''_::~::':<~~j;l!f';(';~::':::!:1:~"'J~ZA;::'[;.llii.!;,l;.:.-.'..~.u::-W:;Jt:~~_~J!:~.':Jiii.l?i:':',~kC~l1
Thursday, November 06, 2003 Page 4 of6
Check # Vendor Name
36319
36319
36319
36319
36320
36322
36323
36325
36327
36328
36328
36328
36332
36332
36332
36332
36332
36333
36334
36254
36254
36258
36258
36263
36263
36274
36274
36276
36276
36278
36280
36282
36284
36285
36294
36295
36295
36295
36295
36295
36299
36302
36305
36305
36306
36306
36306
36306
36306
36311
36311
36313
36313
36315
MARK VII
MARK VII
MARK VII
MARK VII
MCLEOD USA
MILBERTS LOCK & SAF
MINNEGASCO
OFFICE DEPOT
PAUSTIS WINE COM PAN
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
THORPE DISTRIBUTING
THORPE DISTRIBUTING
THORPE DISTRIBUTING
THORPE DISTRIBUTING
THORPE DISTRIBUTING
VINIFERA MINNESOTA
WASTE MANAGEMENT
TOTAL FOR 641
Description
Check Date Invoice #
11/12/2003 595016
11/12/2003 596623
11/12/2003 596624
11/12/2003 599011
11/12/2003 1874060
11/12/2003 03-15101
11/12/2003
11/12/2003 22029123
11/12/2003 8018492
11/12/2003 2002222
11/12/2003 2002222
11/12/2003 999925
11/12/2003 313793
11/12/2003 313817
11/12/2003 313817
11/12/2003 314506
11/12/2003 314506
11/12/2003 321713
11/12/2003 0660247-1
SHORE WOOD PLAZA UQUOR
RE-KEY LOCKS
Amount
$274.55
$3,641.50
$74.90
$689.72
$204.37
$148.60
$21.91
$86.66
$992.00
$36.60
$1,967.95
$48.00
$412.35
$2,959.30
$17.00
$26.30
$5,216.03
$545.50
$186.10
$104,482.75
.
MARLIN'S TRUCKING
MARLIN'S TRUCKING
QUALITY WINE & SPIRIT
QUALITY WINE & SPIRIT
SWANDBY, DONALD
SWANDBY, DONALD
EAST SIDE BevERAGE
EAST SIDE BEVERAGE
HERMEL WHOLESALE
HERMEL WHOLESALE
JOHNSON BROS L1QUO
KENJARCHOINSURANC
LEAGUE OF MN CITIES I
METLlFE
MIDWEST COCA-COLA B
PRUDENTIAL INS CO OF
QUALITY WINE & SPIRIT
QUALITY WINE & SPIRIT
QUALITY WINE & SPIRIT
QUALITY WINE & SPIRIT
QUALITY WINE & SPIRIT
TRI COUNTY BevERAGE
WATERFORD CENTER
BELLBOY BAR SUPPLY
BELLBOY BAR SUPPLY
BELLBOY CORPORATIO
BELLBOY CORPORA TIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
DAY DISTRIBUTING
DAY DISTRIBUTING
EAST SIDE BevERAGE
EAST SIDE BevERAGE
GRIGGS, COOPER & CO
10/30/2003 13249/137
10/30/2003 13249/137
10130/2003 323593-00
10/30/2003 323691-00
10/30/2003
10130/2003
11/6/2003 220178
11/6/2003 220178
11/612003 440159
11/6/2003 440159
11/6/2003 234540
11/6/2003 51058982-
11/6/2003 02000276
11/612003 KM05569
11/6/2003 63256104
11/6/2003
11/612003 324263-00
11/6/2003 324263-00
11/6/2003 326389-00
11/6/2003 326389-00
11/6/2003 326445-00
11/6/2003 144936
11/6/2003 1103F
11/12/2003 37656400
11/12/2003 37685500
11/12/2003 27649900
11/12/2003 27651800
11/12/2003 27651800
11/12/2003 27653700
11/12/2003 2n159oo
11/12/2003 238652
11/12/2003 239543
11/12/2003 220249
11/12/2003 220249
11/12/2003 788481
SEPT MILEAGE/CELL EX
SEPT MILEAGE/CELL EX
PUB EMPL BLANKET BON
WORK COMP INS
NOV DENTAL PREM
NOV LIFE PREM
NOV RENT
$47.25
$47.25
$114.74
$517.01
$10.60
$20.00
$663.85
$20.80
$484.54
$64.24
($24.58)
$121.50
$1,713.00
$49.76
$238.20
$3.90
($136.00)
($165.26)
$21.17
$166.29
$633.20
$16.00
$5,007.13
$5.22
$4.91
($60.50)
$254.00
$746.85
$200.00
$1,167.00
$263.60
$718.60
$4,625.05
$20.80
$1,222.03
.
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Check # Vendor Name Description Check Date Invoice # Amount
36315 GRIGGS, COOPER & CO 11/12/2003 788714 $681.65
36315 GRIGGS, COOPER & CO 11/12/2003 791803 $324.30
36315 GRIGGS, COOPER & CO 11/12/2003 792015 $49.20
36315 GRIGGS, COOPER & CO 11/12/2003 792290 $722.71
36316 HONEYWELL ALARM MONITORING-AD 11/12/2003 2600357 $32.56
36317 JOHNSON BROS L1QUO 11/12/2003 1626510 $77 .97
36317 JOHNSON BROS L1QUO 11/12/2003 1626510 $571 .55
36317 JOHNSON BROS L1QUO 11/12/2003 1626510 $1,939.59
36317 JOHNSON BROS L1QUO 11/12/2003 1626511 $26.00
36317 JOHNSON BROS L1QUO 11/12/2003 1629616 $514.18
36317 JOHNSON BROS L1QUO 11/12/2003 1629616 $255.25
36319 MARK VII 11/12/2003 595013 $792.70
36319 MARK VII 11/12/2003 595014 $37.30
36319 MARK VII 11/12/2003 595015 $32.00
36319 MARK VII 11/12/2003 597418 $500.44
36320 MCLEOD USA 11/12/2003 1874060 $97.61
36323 MINNEGASCO 11/12/2003 $16.83
36327 PAUSTIS WINE COM PAN 11/12/2003 8018491 $612.00
36328 PHILLIPS WINE & SPIRIT 11/12/2003 2002220 $367.45
. 36328 PHILLIPS WINE & SPIRIT 11/12/2003 2002220 $1,586.25
36328 PHILLIPS WINE & SPIRIT 11/12/2003 999924 $23.25
36328 PHILLIPS WINE & SPIRIT 11/12/2003 999924 $322.75
36332 THORPE DISTRIBUTING 11/12/2003 313792 $13.15
36332 THORPE DISTRIBUTING 11/12/2003 313792 $1,419.57
36332 THORPE DISTRIBUTING 11/12/2003 314505 $17.00
36332 THORPE DISTRIBUTING 11/12/2003 314505 $2,696.41
TOTALFOR 642 WATERFORD UQUOR $32,531.82
TOTAL CHECKS $401,788.68
.
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-""'''''''''.'iJf~;'''676
Check Approval List for 11/10/03 Council Meeting
Check # Vendor Name Description Check Date Invoice # Amount
36247 ARCTIC GLACIER INC 10/30/2003 46332930 $70.96
TOTAL FOR ARCTIC GLACIER INC $70.96
36248 AT&T WIRELESS SERVI 1 0/30/2003 2893733-1 $88.68
36248 A T& T WIRELESS SERVI 10/30/2003 4160966-1 $33.17
36248 A T& T WIRELESS SERVI 10/30/2003 4160966-1 $64.83
36248 AT&T WIRELESS SERVI 10130/2003 4160966-1 $92.00
TOTAL FOR AT&T WIRELESS SERVICES $278.68
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/30/2003 $0.96
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/30/2003 $33.08
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/30/2003 $2.43
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/30/2003 $0.73
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/30/2003 $0.19
36249 DONOHUE, JAY & LAURI REF OVERPMT UTILITY B 10/30/2003 $10.55
TOTAL FOR DONOHUE, JAY & LAURIE $47.94
36250 FASCHING, PATRICIA FOOD FOR FALL CLEANU 10/30/2003 $58.55
TOTAL FOR FASCHING, PATRICIA $58.55
36251 HENNEPIN COUNTY TRE SEPT ROOM/BOARD 10/30/2003 190 $375.25
TOTAL FOR HENNEPIN COUNTY TREASURER $375.25
36252 HOHENSTEINS INC 1013012003 315228 $109.50
36252 HOHENSTEINS INC 10/30/2003 316306 $232.40
TOTAL FOR HOHENSTEINS INC $341.90
36253 LOCAL LINK USA BUSIN NOV WEB SVC 10/30/2003 95220466 $109.95
TOTAL FOR LOCAL LINK USA BUSINESS SERVIC $109.95
36254 MARLIN'S TRUCKING 10/30/2003 13249/137 $47.25
36254 MARLIN'S TRUCKING 10/30/2003 13249/137 $47.25
36254 MARLIN'S TRUCKING 10/3012003 13250/137 $58.50
36254 MARLIN'S TRUCKING 10/30/2003 13250/137 $58.50
TOTAL FOR MARLIN'S TRUCKING $211.50
36255 MINNETONKA COUNTRY APRRECIATION PARTY D 10/30/2003 $500.00
TOTAL FOR MINNETONKA COUNTRY CLUB $500.00
36256 MINN NCPERS GROUP L NOV ELECT LIFE PREM 10/30/2003 $12.00
TOTAL FOR MINN NCPERS GROUP LIFE INS $12.00
36257 PANCHYSHYN, JEAN MISC EXPENSES 10/30/2003 $19.00
36257 PANCHYSHYN, JEAN MISC EXPENSES 10130/2003 $40.24
TOTAL FOR PANCHYSHYN, JEAN $59.24
36258 OUALlTY WINE & SPIRIT 10/30/2003 317713-00 $205.77
36258 OUALlTY WINE & SPIRIT 10/30/2003 323593-00 $114.74
36258 OUALlTY WINE & SPIRIT 10/30/2003 323691-00 $517.01
TOTAL FOR QUALITY WINE & SPIRITS CO $837.52
36259 OWEST DEX 10/30/2003 01709368 $66.50
TOTAL FOR QWEST DEX $66.50
36260 ROGERS, DON COUNCIL PKT DELlVERIE 10/30/2003 $150.00
TOTAL FOR ROGERS, DON $150.00
36261 SHOREWOOD PARKS F REPL CK#28799-SKATE P 10/30/2003 $245.88
TOTAL FOR SHORE WOOD PARKS FOUNDATN $245.88
36262 SUN PATRIOT NEWSPA BOSWORTH CUP 10/30/2003 823 $31.84
TOTAL FOR SUN PATRIOT NEWSPAPERS INC $31.84
.
.
Check # Vendor Name Description Check Date Invoice # Amount
\
36263 SWANDBY, DONALD SEPT MILEAGE/CELL EX 10/30/2003 $20.00
36263 SWANDBY, DONALD SEPT MILEAGE/CELL EX 10130/2003 $10.60
36263 SWANDBY, DONALD SEPT MILEAGE/CELL EX 10/3012003 $10.60
36263 SWANDBY, DONALD SEPT MILEAGE/CELL EX 10/30/2003 $19.99
TOTAL FOR SWANDBY, DONALD $61.19
36264 WINE COMPANY (THE) 10/3012003 13276-00 $429.40
TOTAL FOR WINE COMPANY (THE) $429.40
36265 AFSCME COUNCIL 14 NOV UNION DUES 11/6/2003 $193.90
TOTAL FOR AFSCME COUNCIL 14 $193.90
36266 ARCTIC GLACIER INC 11/6/2003 46232910 $30.60
TOTAL FOR ARCTIC GLACIER INC $30.60
36267 BAILEY, BOYD AUG SMITHTOWN RD MIL 11/6/2003 $62.64
36267 BAILEY, BOYD OCT SMITHTOWN RD MIL 11/6/2003 $143.64
36267 BAILEY, BOYD SEPT SMITHTOWN RD MI 11/6/2003 $153.36
TOTAL FOR BAILEY, BOYD $359.64
36268 BERRY COFFEE CO 11/612003 377678 $44.00
36268 BERRY COFFEE CO 11/6/2003 377679 $45.50
. TOTAL FOR BERRY COFFEE CO $89.50
36269 BRAUN PUMP & CONTR REPRS L.S. #20 & 5 11/6/2003 6219 $127.50
TOTAL FOR BRAUN PUMP & CONTROLS $127.50
36270 BRYAN ROCK PRODUCT 11/6/2003 10215 $102.93
TOTAL FOR BRYAN ROCK PRODUCTS, INC. $102.93
36271 CHAMPION AUTO STOR PARKS SUPPLIES 11/6/2003 D223361 $12.77
36271 CHAMPION AUTO STOR PARKS SUPPLIES 11/6/2003 D224577 $73.47
36271 CHAMPION AUTO STOR MISC SHOP SUPPLIES 11/6/2003 D227399 $4.24
36271 CHAMPION AUTO STOR TRAILER HITCH/BALL 11/6/2003 D228132 $52.15
36271 CHAMPION AUTO STOR ALTERNATOR 11/6/2003 D228750 $102.23
TOTAL FOR CHAMPION AUTO STORE #344 $244.86
36272 COVERALL OF THE TWI NOV CLEANING SVC 11/6/2003 80289 $335.48
36272 COVERALL OF THE TWI NOV CLEANING SVC 11/6/2003 80290 $195.96
TOTAL FOR COVERALL OF THE TWIN CITIES IN $531.44
36273 DONALD SALVERDA & A MN BUS MAG LUNCHEON 11/6/2003 L-009 $45.00
. TOTAL FOR DONAW SAL VERDA & ASSOCIATES $45.00
36274 EAST SIDE BEVERAGE 11/6/2003 220088 $1,291.65
36274 EAST SIDE BEVERAGE 11/6/2003 220177 $189.15
36274 EAST SIDE BEVERAGE 11/6/2003 220178 $20.80
36274 EAST SIDE BEVERAGE 11/6/2003 220178 $663.85
TOTAL FOR EAST SIDE BEVERAGE COMPAN $2,165.45
36275 EXCELSIOR ACE HARD PARKS SUPPLIES 11/6/2003 586093 $2.44
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 586737 $4.61
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 588127 $12.08
36275 EXCELSIOR ACE HARD PARKS SUPPLIES 11/612003 588197 $17.86
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 588637 $8.50
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 588653 $1.58
36275 EXCELSIOR ACE HARD WATER SUPPLIES 11/6/2003 588857 $6.38
36275 EXCELSIOR ACE HARD SEWER SUPPLIES 11/6/2003 589527 $2.12
TOTAL FOR EXCELSIOR ACE HARDWARE $55.57
36276 HERMEL WHOLESALE 11/6/2003 438059 $46.57
36276 HERMEL WHOLESALE 11/6/2003 438059 $386.62
36276 HERMEL WHOLESALE 11/6/2003 440154 $366.38
36276 HERMEL WHOLESALE 11/612003 440159 $64.24
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Check # Vendor Name Description Check Date Invoice # Amount
36276 HERMEL WHOLESALE 11/6/2003 440159 $484.54
TOTAL FOR HERMEL WHOLESALE $1,348.35
36277 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 1 11/6/2003 302131-11 $1,088.76
TOTAL FOR ICMA RETIREMENT TRUST-457 $1,088.76
36278 JOHNSON BROS L10UO 11/6/2003 1623307 $1,933.64
36278 JOHNSON BROS L10UO 11/6/2003 1623307 $530.75
36278 JOHNSON BROS L10UO 11/6/2003 1623308 $26.00
36278 JOHNSON BROS L10UO 11/6/2003 233511 ($7.33)
36278 JOHNSON BROS L10UO 11/6/2003 233512 ($6.89)
36278 JOHNSON BROS L10UO 11/6/2003 233513 ($10.00)
36278 JOHNSON BROS L10UO 11/6/2003 233514 ($40.14)
36278 JOHNSON BROS L10UO 11/6/2003 234540 ($24.58)
TOTAL FOR JOHNSON BROS LIQUOR CO. $2,401.45
36279 KEEFE, SALLY OCT SVCS 11/6/2003 $50.00
36279 KEEFE, SALLY OCT SVCS 11/6/2003 $350.00
36279 KEEFE, SALLY OCTSVCS 11/6/2003 $575.00
TOTAL FOR KEEFE, SAUY $975.00
36280 KENJARCHOINSURANC COMPUTERlDATA PROC I 11/6/2003 12568 $571.00
36280 KENJARCHOINSURANC PUB EMPL BLANKET BON 11/6/2003 51058982- $121.50
36280 KEN JARCHO INSURANC PUB EMPL BLANKET BON 11/6/2003 51058982- $121.50
36280 KENJARCHOINSURANC PUB EMPL BLANKET BON 11/6/2003 51058982- $729.00
TOTAL FOR KEN JARCHO INSURANCE $1,543.00
36281 LAN-DE-CON INC REPL TREE-LK LINDEN D 11/6/2003 1878 $284.00
TOTAL FOR LAN-DE-CON INC $284.00
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/6/2003 02000276 $321.50
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/6/2003 02000276 $15,420.00
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/6/2003 02000276 $1,713.00
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/6/2003 02000276 $321.50
36282 LEAGUE OF MN CITIES I WORK COMP INS 11/6/2003 02000276 $1,713.00
TOTAL FOR LEAGUE OF MN CITIES INS T $19,489.00
36283 MARK VII 11/6/2003 24745 ($120.70)
36283 MARK VII 11/6/2003 592428 $697.85
TOTAL FOR MARK VII $577.15
36284 METLlFE NOV DENTAL PREM 11/6/2003 KM05569 $49.76
36284 METLlFE NOV DENTAL PREM 11/6/2003 KM05569 $49.76
36284 METLlFE NOV DENTAL PREM 11/6/2003 KM05569 $735.04
TOTAL FOR METLIFE $834.56
36285 MIDWEST COCA-COLA B 11/612003 63246196 $109.80
36285 MIDWEST COCA-COLA B 11/6/2003 63256104 $238.20
36285 MIDWEST COCA-COLA B 11/6/2003 63256161 $147.95
TOTAL FOR MIDWEST COCA-COLA BOTTLIN $495.95
36286 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 11/6/2003 $193.35
TOTAL FOR MN CHIW SUPPORT PMT CTR $193.35
36287 MN LANDSCAPE ARBOR GIFT CERT FOR GARDEN 11/6/2003 $325.00
TOTAL FOR MN LANDSCAPE ARBORETUM $325.00
36288 NEXTEL COMMUNICATI 11/6/2003 58828331 $54.16
36288 NEXTEL COMMUNICATI 11/6/2003 58828331 $54.17
TOTAL FOR NEXTEL COMMUNICATIONS $108.33
36289 NGUYEN, MICHELLE OCT MILEAGE 11/6/2003 $26.59
36289 NGUYEN, MICHELLE SEPT MILEAGE 11/6/2003 $26.46
TOTAL FOR NGUYEN, MICHELLE $53.05
I
.
.
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Thursday, November 06, 2003 Page 3 of 8
Check# Vendor Name Description Check Date Invoice # Amount
..
36290 PAUSTIS WINE COMPAN 11/6/2003 8017235 $203.50
TOTAL FOR PAUSTIS WINE COMPANY $203.50
36291 PAZANDAK, JOSEPH MILEAGE 10/20-10/31/03 11/6/2003 $116.64
TOTAL FOR PAZANDAK, JOSEPH $116.64
36292 PERA PAYROLL DEDUCTIONS 1 11/6/2003 762400-11 $2,369.65
36292 PERA PAYROLL DEDUCTIONS 1 11/6/2003 762400-11 $2,569.47
TOTAL FOR PERA $4,939.12
36293 PHILLIPS WINE & SPIRIT 11/6/2003 997507 $123.05
36293 PHILLIPS WINE & SPIRIT 11/6/2003 997507 $791.15
36293 PHILLIPS WINE & SPIRIT 11/6/2003 997507 $1,543.76
TOTAL FOR PHILLIPS WINE & SPIRITS $2,457.96
36294 PRUDENTIAL INS CO OF NOV LIFE PREM 11/6/2003 $37.05
36294 PRUDENTIAL INS CO OF NOV LIFE PREM 11/6/2003 $81.65
36294 PRUDENTIAL INS CO OF NOV LIFE PREM 11/6/2003 $3.90
36294 PRUDENTIAL INS CO OF NOV LIFE PREM 11/6/2003 $3.90
TOTAL FOR PRUDENTIAL INS CO OF AMERICA $126.50
36295 aUALlTY WINE & SPIRIT 11/6/2003 3213338-0 $n1.86
. 36295 aUALlTY WINE & SPIRIT 11/6/2003 323594-00 $134.56
36295 aUALlTY WINE & SPIRIT 11/6/2003 323702-00 $158.40
36295 aUALlTY WINE & SPIRIT 11/6/2003 323702-00 $2,437.52
36295 aUALlTY WINE & SPIRIT 11/6/2003 324263-00 ($165.26)
36295 aUALlTY WINE & SPIRIT 11/6/2003 324263-00 ($136.00)
36295 aUALlTY WINE & SPIRIT 11/6/2003 326389-00 $166.29
36295 aUALlTY WINE & SPIRIT 11/6/2003 326389-00 $21.17
36295 aUALlTY WINE & SPIRIT 11/6/2003 326390-00 $1,891.50
36295 aUALlTY WINE & SPIRIT 11/6/2003 326390-00 $670.23
36295 aUALlTY WINE & SPIRIT 11/6/2003 326445-00 $633.20
36295 aUALlTY WINE & SPIRIT 11/6/2003 326446-00 $894.37
36295 aUALlTY WINE & SPIRIT 11/6/2003 326470-00 $267.42
TOTAL FOR QUALITY WINE & SPIRITS CO $7,745.26
36296 SUN PATRIOT NEWSPA MARSO VACATE ROW 11/6/2003 824 $48.12
TOTAL FOR SUN PATRIOT NEWSPAPERS INC $48.12
36297 TONKA PRINTING CO. WINDOW ENVELOPES 11/6/2003 3065 $230.04
. TOTAL FOR TONKA PRINTING CO. $230.04
36298 TOWLE REAL ESTATE C NOV RENT 11/6/2003 $4,679.49
TOTAL FOR TOWLE REAL ESTATE COMPANY $4,679.49
36299 TRICOUNTYBEVERAGE 11/6/2003 144936 $16.00
TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $16.00
36300 VERIZON DIRECTORIES 11/612003 39000848 $20.30
TOTAL FOR VERlZON DIRECTORIES CORP $20.30
36301 VERIZON WIRELESS 11/6/2003 35135955 $45.34
TOTAL FOR VERlZON WIRELESS $45.34
36302 WATERFORD CENTER NOV RENT 11/6/2003 1103F $5,007.13
TOTAL FOR WATERFORD CENTER $5,007.13
36303 WINE MERCHANTS 11/6/2003 82523 $352.00
TOTAL FOR WINE MERCHANTS $352.00
36304 AMERICAN ENGINEERIN OAK VIEW ESTATES 11/12/2003 24328 $723.04
36304 AMERICAN ENGINEERIN LINDEN HILLS 11/12/2003 24330 $2,179.12
TOTAL FOR AMERICAN ENGINEERING $2,902.16
36305 BELLBOY BAR SUPPLY 11/12/2003 37656400 $5.22
36305 BELLBOY BAR SUPPLY 11/1212003 37685400 $18.51
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Check # Vendor Name Description Check Date Invoice # Amount
36305 BELLBOY BAR SUPPLY 11/12/2003 37685500 $4.91
TOTAL FOR BELLBOY BAR SUPPLY $28.64
36306 BELLBOY CORPORA TIO 11/12/2003 27649800 ($156.00)
36306 BELLBOY CORPORATIO 11/12/2003 27649900 ($60.50)
36306 BELLBOY CORPORATIO 11/12/2003 27651800 $254.00
36306 BELLBOY CORPORA TIO 11/12/2003 27651800 $746.85
36306 BELLBOY CORPORA TIO 11/12/2003 27651900 $122.85
36306 BELLBOY CORPORATIO 11/12/2003 27651900 $312.00
36306 BELLBOY CORPORATIO 11/12/2003 27653700 $200.00
36306 BELLBOY CORPORA TIO 11/12/2003 27715900 $1,167.00
36306 BELLBOY CORPORATIO 11/1212003 2n16000 $1,968.23
TOTAL FOR BELLBOY CORPORATION $4,554.43
36307 BKV GROUP OCT SVCS-SPACE NEED 11/12/2003 21007 $5,110.00
TOTAL FOR BKV GROUP $5,110.00
36308 COMM CENTER FCC LICENSE FOR BASE 11/12/2003 2WAYW 5 $100,00
TOTAL FOR COMM CENTER $100.00
36309 COMMUNITY REC RESO OCT SVCS 11/12/2003 10 $1,640.00
TOTAL FOR COMMUNITY REC RESOURCES $1,640.00
36310 CONSTRUCTION RESUL L1Q #2 CONSTR-PV #2 11/1212003 $46,857,60
TOTAL FOR CONSTRUCTION RESULTS CORP $46,857.60
36311 DAY DISTRIBUTING 11/1212003 238650 $16.90
36311 DAY DISTRIBUTING 11/12/2003 238650 $146.60
36311 DAY DISTRIBUTING 11/12/2003 238652 $263.60
36311 DAY DISTRIBUTING 11/12/2003 239543 $718.60
36311 DAY DISTRIBUTING 11/12/2003 239544 $1,366.85
TOTAL FOR DAY DISTRIBUTING $2,512.55
36312 EARL F. ANDERSEN, INC SIGNS 11/12/2003 56870 $220.15
TOTAL FOR EARL F. ANDERSEN, INC. $220.15
36313 EAST SIDE BEVERAGE 11/12/2003 220249 $20.80
36313 EAST SIDE BEVERAGE 11/12/2003 220249 $4,625.05
36313 EAST SIDE BEVERAGE 11/12/2003 220276 $32.90
36313 EAST SIDE BEVERAGE 11/12/2003 220276 $4,364.50
36313 EAST SIDE BEVERAGE 11/12/2003 220340 $1,100.20
TOTAL FOR EAST SIDE BEVERAGE COMPAN $10,143.45
36314 F.F. JEDLlCKIINC REPL CULVERT-EUREKA 11/12/2003 $4,275.00
TOTALFOR F.F. JEDUCKl INC $4,275.00
36315 GRIGGS, COOPER & CO 11/12/2003 622820 ($7.85)
36315 GRIGGS, COOPER & CO 11/1212003 788481 $1,222.03
36315 GRIGGS, COOPER & CO 11/12/2003 788482 $637.81
36315 GRIGGS, COOPER & CO 11/12/2003 788711 $258.90
36315 GRIGGS, COOPER & CO 11/12/2003 788714 $681.65
36315 GRIGGS, COOPER & CO 11/12/2003 791802 $550.35
36315 GRIGGS, COOPER & CO 11/12/2003 791803 $324.30
36315 GRIGGS, COOPER & CO 11/12/2003 792013 $1,167.96
36315 GRIGGS, COOPER & CO 11/12/2003 792015 $49.20
36315 GRIGGS, COOPER & CO 11/1212003 792288 $1,554.08
36315 GRIGGS, COOPER & CO 11/12/2003 792290 $722.71
TOTAL FOR GRIGGS, COOPER & COMPANY $7,161.14
36316 HONEYWELL ALARM MONITORING-AD 11/1212003 2600357 $32.56
TOTAL FOR HONEYWELL $32.56
36317 JOHNSON BROS L1QUO 11/12/2003 1626510 $n.97
36317 JOHNSON BROS L1QUO 11/1212003 1626510 $571.55
I
.
.
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Check# Vendor Name Description Check Date Invoice # Amount
36317 JOHNSON BROS uauo 11/12/2003 1626510 $1,939.59
36317 JOHNSON BROS uauo 11/12/2003 1626511 $26.00
36317 JOHNSON BROS uauo 11/12/2003 1626512 $199.99
36317 JOHNSON BROS uauo 11/1212003 1626513 $207.91
36317 JOHNSON BROS uauo 11/12/2003 1626513 $1,181.98
36317 JOHNSON BROS uauo 11/12/2003 1626513 $47.98
36317 JOHNSON BROS LlaUO 11/12/2003 1629616 $514.18
36317 JOHNSON BROS uauo 11/1212003 1629616 $255.25
36317 JOHNSON BROS uauo 11/12/2003 1629617 $622.27
36317 JOHNSON BROS L1auo 11/12/2003 1629617 $699.60
TOTAL FOR JOHNSON BROS UQUOR CO. $6,344.27
36318 KAR PRODUCTS SHOP SUPPLIES 11/12/2003 90007840 $379.97
TOTAL FOR KAR PRODUCTS $379.97
36319 MARK VII 11/12/2003 595013 $792.70
36319 MARK VII 11/12/2003 595014 $37.30
36319 MARK VII 11/12/2003 595015 $32.00
36319 MARK VII 11/1212003 595016 $274.55
36319 MARK VII 11/12/2003 596623 $3,641.50
. 36319 MARK VII 11/12/2003 596624 $74.90
36319 MARK VII 11/12/2003 597418 $500.44
36319 MARK VII 11/12/2003 599011 $689.72
TOTALFOR MARK VII $6,043.11
36320 MCLEOD USA 11/12/2003 1874060 $136.26
36320 MCLEOD USA 11/1212003 1874060 $470.28
36320 MCLEOD USA 11/12/2003 1874060 $156.43
36320 MCLEOD USA 11/12/2003 1874060 $97.61
36320 MCLEOD USA 11/12/2003 1874060 $90.84
36320 MCLEOD USA 11/1212003 1874060 $45.42
36320 MCLEOD USA 11/12/2003 1874060 $204.37
TOTAL FOR MCLEOD USA $1,201.21
36321 MIDWEST ASPHALT CO SMITHTOWN RD PV#4 11/12/2003 $159,975.25
TOTAL FOR MIDWEST ASPHALT CORP. $159,975.25
36322 MILBERTS LOCK & SAF RE-KEY LOCKS 11/1212003 03-15101 $148.60
TOTAL FOR MILBERT'S LOCK & SAFE CO $148.60
. 36323 MINNEGASCO 11/12/2003 $34.09
36323 MINNEGASCO 11/12/2003 $79.02
36323 MINNEGASCO 11/12/2003 $81.92
36323 MINNEGASCO 11/12/2003 $46.41
36323 MINNEGASCO 11/12/2003 $18.15
36323 MINNEGASCO 11/12/2003 $16.83
36323 MINNEGASCO 11/12/2003 $12.48
36323 MINNEGASCO 11/1212003 $65.63
36323 MINNEGASCO 11/1212003 $21.91
TOTAL FOR MINNEGASCO $376.44
36324 MTI DISTRIBUTING COM MOWER PARTS 11/12/2003 385215-00 $11.72
36324 MTI DISTRIBUTING COM MOWER PARTS 11/1212003 385833-00 $24.52
TOTAL FOR MTI DISTRIBUTING COMPANY $36.24
36325 OFFICE DEPOT 11/1212003 22011747 $70.84
36325 OFFICE DEPOT 11/12/2003 22029123 $86.66
36325 OFFICE DEPOT 11/12/2003 22049366 $277.72
36325 OFFICE DEPOT 11/12/2003 22095379 $56.49
TOTAL FOR OFFICE DEPOT $491.71
36326 ORONO, CITY OF NOV ANIMAL CONTROL 11/12/2003 2685 $1,579.08
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Check # Vendor Name
Description
Check Date Invoice #
Amount
36327
36327
36328
36328
36328
36328
36328
36328
36328
36329
36330
36330
36330
36331
36332
36332
36332
36332
36332
36332
36332
36332
36332
36333
36334
36334
36335
36335
36335
36335
36335
36335
36335
36335
36335
36335
36337
36337
36337
36337
36337
36337
TOTAL FOR ORONO, CITY OF
PAUSTIS WINE COM PAN
PAUSTIS WINE COMPAN
TOTAL FOR PAUSTIS WINE COMPANY
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
TOTAL FOR PHILLIPS WINE & SPIRITS
POTTS, KENNETH N. OCT PROSECUTIONS
TOTAL FOR POTTS, KENNETH N.
aWEST
aWEST
aWEST
11/12/2003 8018491
11/12/2003 8018492
11/12/2003 2002220
11/12/2003 2002220
11/12/2003 2002222
11/12/2003 2002222
11/12/2003 999924
11/12/2003 999924
11/12/2003 999925
11/12/2003
11/12/2003
11/12/2003
11/12/2003
TOTAL FOR QWEST
SPEEDWAY SUPERAME 11/12/2003
TOTAL FOR SPEEDWAY SUPERAMERICA
THORPE DISTRIBUTING 11/12/2003 313792
THORPE DISTRIBUTING 11/12/2003 313792
THORPE DISTRIBUTING 11/12/2003 313793
THORPE DISTRIBUTING 11/12/2003 313817
THORPE DISTRIBUTING 11/12/2003 313817
THORPE DISTRIBUTING 11/12/2003 314505
THORPE DISTRIBUTING 11/12/2003 314505
THORPE DISTRIBUTING 11/1212003 314506
THORPE DISTRIBUTING 11/12/2003 314506
TOTAL FOR THORPE DISTRIBUTING COMPA
VINIFERA MINNESOTA 11/12/2003 321713
TOTAL FOR VINIFERA MINNESOTA
WASTE MANAGEMENT
WASTE MANAGEMENT NOV SVC
TOTAL FOR WASTE MANAGEMENT
WSB AND ASSOCIATES WATER RESOURCE MGM
WSB AND ASSOCIATES FREEMAN PK DRIVEWAY
WSB AND ASSOCIATES SMITHTOWN RD OVERLA
WSB AND ASSOCIATES MALLARD/TEALJBRAND S
WSB AND ASSOCIATES CUB FOODS WATERMAIN
WSB AND ASSOCIATES LINDEN HILLS CONSTR 0
WSB AND ASSOCIATES CUB FOODS
WSB AND ASSOCIATES OAKVIEW ESTATES CON
WSB AND ASSOCIATES ALDENWOOD PLAN REVI
WSB AND ASSOCIATES LK LINDEN DR PED TR D
TOTAL FOR WSB AND ASSOCIATES
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
11/12/2003 0660247-1
11/12/2003 0660248.1
11/1212003 01074-080
11/12/2003 01074-483
11/12/2003 01074-583
11/12/2003 01074-732
11/12/2003 01074-762
11/12/2003 01074-790
11/12/2003 01074-800
11/12/2003 01074-810
11/12/2003 01074.840
11/12/2003 01459-013
11/12/2003 0074-000-
11/12/2003 0114-707-
11/12/2003 0191-308-
11/12/2003 0234-748-
11/12/2003 0326-600-
11/12/2003 0356-200-
$1,579.08
$612.00
$992.00
$1,604.00
$367.45
$1,586.25
$1,967.95
$36.60
$322.75
$23.25
$48.00
$4,352.25
$1,608.33
$1,608.33
$51.61
$51.61
$89.86
$193.08
$749.84
$749.84
$13.15
$1,419.57
$412.35
$17.00
$2,959.30
$17.00
$2,696.41
$26.30
$5,216.03
$12,777.11
$545.50
$545.50
$186.10
$230.69
$416.79
$36.00
$6,985.00
$39,590.46
$452.00
$1,428.00
$1,718.00
$209.00
$397.00
$78.00
$1,187.00
$52,080.46
$7.93
$14.76
$20.06
$7.38
$33.86
$21.42
.
.
T;;;;;d~;,"'N~~:::il:e;'(f6,'i'o03"'J"j,"",'~;"'-";',;;jrm3j",;;O,,,,,,",;"',OiiE""",,,",",,,,,,,,,,,,;';.,,,,,,,,,,,,,,,,,,',,j,,,,,,=''''''','=i'':'''''''';''''''$;'''if';'',";~;'~''j'~''''''""",L'
ml!:g~'''7''~J;;8
Check # Vendor Name Description Check Date Invoice # Amount
36337 XCEL ENERGY 11/12/2003 0640-202- $11.26
36337 XCEL ENERGY 11/12/2003 0675-505- $16.82
36337 XCEL ENERGY 11/12/2003 0727-302- $247.96
36337 XCEL ENERGY 11/12/2003 0942-567- $30.59
36337 XCEL ENERGY 11/12/2003 1300-208- $93.68
36337 XCEL ENERGY 11/12/2003 1350-001- $21.51
36337 XCEL ENERGY 11/12/2003 14n-205- $270.85
36337 XCEL ENERGY 11/12/2003 1541-203- $7.38
36337 XCEL ENERGY 11/12/2003 1641-408- $51.26
36337 XCEL ENERGY 11/12/2003 1692-607- $90.72
36337 XCEL ENERGY 11/12/2003 1765-206- $24.51
36337 XCEL ENERGY 11/12/2003 1n6-835- $10.48
36337 XCEL ENERGY 11/12/2003 1966-609- $138.45
36337 XCEL ENERGY 11/12/2003 2052-902- $13.83
36337 XCEL ENERGY 11/12/2003 2164-107- $72.53
36337 XCEL ENERGY 11/12/2003 2270-109- $548.84
36337 XCELENERGY 11/12/2003 2325-902- $20.06
36337 XCEL ENERGY 11/12/2003 2397-003- $9.79
36337 XCEL ENERGY 11/12/2003 2486-903- $22.79
. TOTAL FOR XCEL ENERGY $1,808.72
TOTAL CHECKS $401,788.68
.
"Th::;::'d~;:'N~'~;;:t;;~";(;6:!l2003~"'Y""'~""'''''''>E<h,,","''''~'''''';:#i"';r;f!"'ii,."""'''''''''''#i,.,''''''';;~'f!S~",'~",,,,,,,,,,g&!lG:%h':;J;.''',,,,",:,",,~,,,"""';"'''"'".tpN*"!",...o;;
."".'';m'~I,''':z;;;"';t'~:)'l8
PAYROLL APPROVALS
For 11/10/03 Council Meeting
'lA'L - tJ}/
Prepared by: _(ft!117JA 0v_ L-(~
Catherine EIke, Sr. Accountant
,;1,. . /l.. /J
Reviewed by: ~ ~
Bonnie Burton, Fina
Approved by: Date: J). () 6. 03
Craig D son, City Administrator
7
f
Date: //-&-{Jj
Date: t( ~..7
.
.
Payroll Register
Check # Last Name First Name MI Check Amt Check Date
2428 BAILEY BOYD C 1,340.30 11/412003
2429 BURTON BONNIE M 2,010.90 11/412003
2430 DA VIS CHARLES S 1,065.76 11/412003
2431 EISCHENS JAMES E 896.37 11/412003
2432 ELKE CATHERINE M 915.08 11/412003
2433 FASCHING PATRICIA L 837.27 11/412003
2434 FIELD DALE F 696.76 11/4/2003
2435 GROUT TWILA R 902.96 11/412003
2436 HELLING PAMELA J 495.29 11/4/2003
2437 HIRSCH DANA M 254.63 11/412003
2438 JOHNSON DENNIS D 1,070.55 11/412003
2439 LUGOWSKI JOSEPH P 1,342.10 11/412003
2440 MASON BRADLEY J 981.42 11/4/2003
. 2441 MOORE JULIE K 262.42 11/412003
2442 NGUYEN MICHELLE T 750.13 11/412003
2443 NIELSEN BRADLEY J 1,176.26 11/412003
2444 PANCHYSHY JEAN M 1,351.23 11/412003
2445 PAZANDAK JOSEPH E 1,515.93 11/4/2003
2446 RANDALL DANIEL J 1,644.45 11/4/2003
2447 SCHMID CHRISTOPHER E 708.48 11/412003
2448 STARK BRUCE H 1,206.31 11/412003
2449 SW ANDBY DONALD R 1,351.49 11/412003
2450 TOWER TERRY R 1,037.89 11/412003
217976 ARMSTRON MICHAEL R 321.17 11/4/2003
217977 BAKER RICHARD M 219.04 11/412003
217978 BROWN LAWRENCE A 2,033.74 11/412003
. 217979 DAWSON CRAIG W 1,817.52 11/412003
217980 DUFFY DAVID C 197.Q7 11/412003
217981 HELGESEN PATRICIA R 1,107.59 11/412003
217982 LATTERNER SUSAN M 211.24 11/412003
217983 MAJESTIC JILL D 40.63 11/412003
217984 OLIVEIRA CHRISTOPHER L 209.02 11/412003
217985 PARENT MICHELLE L 635.77 11/412003
217986 PLATHE CRAIG V 64.78 11/412003
217987 PYLE BARBARA J 38.09 11/412003
217988 THURSTON DOROTHY M 406.65 11/412003
Total of Checks $31,116.29
Thursday, November 06, 2003
Page 1 ofl
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION Al)))ROVING THE I?INAL PLAT OIl'
HIGH POINTE ESTATES
WIlRRRAS, the finnl pInt of High Pointc Estlltes hils been submitted inlhc 11HlIlIlCr
required for the platting of land under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements ofthe laws of the State of Minnesota and the City Code of the City
of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of
Shorewood as follows:
.
1.
The plat of High Pointe Estates is hereby approved.
2. The approval is specifically conditioned upon the Developer recording the
Development Agreement - High Pointe Estates Planned Unit Development,
attached hereto as Attachment I, and made a part hereof, with the Hennepin
County Recorder:
3. The Mayor and City Administrator/Clerk are authorized to execute the Certificate
of Approval for the plat on behalf ofthe City Council.
4. The final plat, together with this resolution, the document described in 2. above
shall be recorded within thirty (30) days of the date of certification of this
Resolution.
.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by
the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance
therewith by the subdivider and City officials and shall entitle such plat to be placed on record
forthwith without further formality, all in compliance with Minnesota Statutes and the
Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
Novcmbcl' 2003,
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
:It~r,.
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
IDGH POINTE ESTATES
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this 12th day of November , 200J, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred
to as the "City", and Lecy Construction, fu.c., a Minnesota Corporation, hereinafter referred to as
the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit
A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS, Developer proposes to develop the Subj ect Property by means of a Planned
Unit Development ("P.U.D.") consisting of three single-family residential lots and four outlots;
and
.
WHEREAS, the Developer has made application for a conditional use permit for a
Planned Unit Development (P.U.D.) with the Zoning Administrator and submitted a Concept
Plan and Development Stage Plan for the property, which matters were considered by the City
Planning Commission at public hearings held on 19 November 2002 and 4 March 2003,
respectively; and
WHEREAS upon recommendation of the Shorewood Planning Commission, the City
Council did consider and grant Concept Plan at its regular meeting held on 25 November 2002
and Development Stage Plan approval at its regular meeting held on 24 March 2003 and
WHEREAS, the Developer has filed with the City the Final Plat for ''High Pointe
Estates", a copy of which plat is attached hereto and made a part hereof as Exhibit B; and
.
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Approval- The Developer shall comply with the conditions of
approval as set forth in the Planning Commission minutes, dated 4 March 2003, which minutes
are on file in the Shorewood City offices. fu. addition, development ofthe P.D.D. is subject to
the requirements of the R-IC, Single-Family Residential zoning district, except as modified
herein.
(01) Use of Out lots within the plat: Outlot A shall be used as a private road providing.
access from State Highway 7 to the three proposed lots. Outlots B and C shall be set
aside as conservation open space and shall not be buildable. The Developer shall grant
conservation easements, acceptable in form to the City of Shorewood. The conservation
1
Attachment I
easement shall be recorded contemporaneously with the final plat. Any future
development of Outlot D shall require a formal platting process, pursuant to Shorewood's
Subdivision Code.
(02) The Developer shall comply with the requirements of Shorewood's wetland code
(Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et.
seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas
adjacent to wetlands be maintained in their natural state.
.
(a) A minimum 35-foot buffer strip shall be maintained adjacent to all
wetlands.
(b) Natural vegetation shall be maintained in wetland buffer strips. Where
disturbed by site development, wetland buffer strips shall be restored with natural
vegetation.
(c) Wetland buffer strips shall be identified within each lot by permanent
monumentation approved by the City.
(d) A monument is required at each lot line where it crosses a wetland buffer
strip and as necessary to establish required setbacks from the wetland buffer strip.
Monuments shall be placed within 60 days of completion of site grading or prior
to issuance of a building permit, whichever occurs first.
( e) The Developer shall record with the Hennepin County Recorder or
Registrar of Titles, a notice of the wetland buffer requirement against the title of
each lot with a required wetland buffer strip.
(f) No structures, including, but not limited to, decks, patios, and play
equipment may be located in the wetland buffer strip or the required wetland
setback area, except that public trails shall be allowed within the wetland buffer
strip and setback areas.
.
(03) Individual building sites, including private driveways, are to be custom graded to
preserve the maximum number of trees on each site, and shall conform with the grading
plan, dated 19 June 2003, prepared by Terra Engineering, Inc. Each building site must
have an individual grading plan separately approved by the City Engineer prior to a
building permit being issued.
(04) Accessory structures, including attached garages, shall not exceed 1200 square
feet in area. Additional accessory space may be allowed, up to a total of2000 square feet,
by conditional use permit, pursuant to Section 1201.03 Subd. 2.d.(4) ofthe Shorewood
City Code, as may be amended.
2.) Improvements Installed by Developer - Developer agrees at its expense to
construct, install and perform all work and furnish all materials and equipment in connection
with the installation of the following improvements:
(01) All site grading including building pad correction where needed;
2
(02) Private street grading, stabilizing and bituminous surfacing;
(03) Sanitary sewer;
(04) Storm sewer and surface water drainage facilities;
(05) Required landscaping and reforestation;
consistent with the plans and specifications prepared by Terra Engineering, Inc., dated 19 June
2003, and received and approved by the City Engineer. Landscaping and reforestation shall be
consistent with the plans and specification prepared by Lan-De-Con Inc., dated 8 September
2003, and received and approved by the City Planner.
It is understood that underground utility lines, including gas, electric, telephone, and television
cable shall be installed by the respective private utility companies pursuant to separate .
agreements with the Developer.
It is understood that the improvements installed by the Developer do not include street lighting.
Plans for street lighting shall require separate review and approval by the City Council prior to
installation.
3.) Pinal Plat. Grading. Drainage and Utility Plan. - The Developer has filed with the
City Clerk the final plat titled High Pointe Estates for the development of the Subject Property.
Said plat is attached hereto and made a part hereof as Exhibit B. Said final plat, together with the
grading, drainage, and utility plans, referenced in paragraph 2 above, this Development
Agreement, the Declaration of Covenants, Conditions & Restrictions - attached hereto as Exhibit
C, the Declaration of Private Drive & Utility Easement & Maintenance Agreement - attached
hereto as Exhibit D, the Outlot B Conveyance - attached hereto as Exhibit E, and the Wetland
Conveyance - attached hereto as Exhibit P, is herewith adopted and approved by the City as the .
Developer's fmal plan for development of the property.
4.) Pre-construction Meeting - Prior to the commencement of construction, Developer
or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall.
Such meeting shall be coordinated with the City Engineer and shall include all appropriate
parties specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the improvements set
forth in paragraph 2 above, shall equal or exceed City standards, shall be constructed and
installed in accordance with engineering plans and specifications approved by the City Engineer
and the requirements of applicable City ordinances and standards, and that all of said work shall
be subject to final inspection and approval by the City Engineer.
3
6.) Materials and Labor - All of the materials to be employed in the making of said
improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials shall be removed and
replaced with approved materials, and rejected labor shall be done anew to the satisfaction and
approval ofthe City at the cost and expense of Developer.
7.) Schedule of Work - The Developer shall submit a written schedule in the form of
a bar chart indicating the proposed progress schedule and order of completion of work covered
by this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be
performed to be completed by 1 July 2004, Upon receipt of written notice from the Developer of
the existence of causes over which the Developer has no control, which will delay the completion
of the work, the City, at its discretion, may extend the dates specified for completion.
.
8.) As-Built Plan - Within sixty (60) days after the completion of construction of the
Improvements, Developer shall cause its engineer to prepare and file with the City a full set of
"as-built" plans, including a mylar original and two (2) black line prints, showing the installation
ofthe Improvements within the plat. Failure to file said "as-built" plans within said sixty (60)
day period shall suspend the issuance of building permits and certificates of occupancy for any
further construction within the plat.
9.) Easements - Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation ofthe sanitary sewer, storm sewer, and surface
water drainage facilities within the plat, and thereafter promptly assign said easements to the
City.
.
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during
construction shall be restored by Developer.
11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above-described improvements. In
order to ensure that the completed improvements conform to the approved plans and
specifications, the City will provide for resident inspection as determined necessary by the City
Engineer.
12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall provide
grading, drainage and erosion control plans to be reviewed and approved by the City Engineer.
Said plans shall provide for temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation
and erosion oflands and streets within and outside the plat during all phases of construction.
Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris
resulting from construction therein by the Developer, its agents or assignees.
4
Prior to issuance of building permits within the plat the City shall require escrow deposits of
$500 for each lot to ensure that erosion control barriers, construction limits and tree preservation
measures are continually maintained. Ifbuilders fail to maintain said barriers, limits or tree
preservation measures the City may cause its agents to enter the Property and perform such
maintenance. Said escrows shall be used to reimburse the City for any expense incurred in
maintaining such barriers, limits and measures.
13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices, as directed by the City Engineer.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the
improvements are accepted by the City.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all .
Improvements set forth in paragraph 2 are completed and approved by the City Engineer. If
landscaping or tree replacement has not been completed when the certificate of occupancy is
requested, the developer shall provide the City with a letter of credit or cash escrow for one and
one half the amount of the estimated cost of the landscaping or tree replacement. The letter of
credit or cash escrow shall extend for two growing seasons after the work has been completed.
16.) Final In~ection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans and specifications, and
the Developer's engineer has submitted a written statement attesting to same, the City Engineer
shall recommend that the improvements be accepted by the City.
17.) Conveyance of Improvements - Upon completion of the installation by Developer .
and approval by the City Engineer of the improvements set forth in paragraph 2 above, the
Developer shall convey said improvements to the City free of all liens and encumbrances and
with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to
so convey said improvements, the same shall become the property of the City without further
notice or action on the part of either party hereto, other than acceptance by the City.
18.) Replacement - All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within one year after
acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a
period of thirty (30) days prior to the expiration of the said one-year period, Developer shall
perform a televised inspection of all sanitary sewer lines within the plat and provide the City with
a VHS videotape thereof.
5
.
.
19.) Restoration of Streets. Public Facilities and Private Properties - The Developer
shall restore all City streets and other public facilities and any private properties disturbed or
damaged as a result of Developer's construction activities, including sod with necessary black
dirt, bituminous replacement, curb replacement, and all other items disturbed during
construction.
20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement ofthe within
Agreement and the performance thereofby the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 28 below.
21.) Claims for Work - The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement,
for which reimbursement is expected from the City, unless such work is first ordered in writing
by the City Engineer as provided in the specifications. Any such work or materials which may be
done or furnished by the contractor without such written order first being obtained shall be at its
own risk, cost and expense.
22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the City that the improvements to be constructed, installed and
furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and
furnished according to the terms of this Agreement, and to ensure that the Developer submit to
the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work
done and materials and supplies furnished for the performance of this Agreement, the Developer
agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by
the City in an amount equal to 150% of the total cost of said Improvements estimated by the
Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall
remain in effect for a period of one year following the completion ofthe required improvements.
The deposit or letter of credit may be reduced in amount at the discretion of the City upon
approval by the City Engineer ofthe partially completed Improvements, but in no event shall the
deposit or letter of credit be reduced to an amount less than 150% ofthe cost ofthe remaining
Improvements. At such time as the Improvements have been approved by the City, such deposit
or letter of credit may be replaced by a maintenance bond.
23.) Insurance - The Developer shall take out and maintain during the life of this
agreement public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work or the work
of their subcontractors, or by one directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in the amount of $ 1,000,000.00.
The City shall be named as additional insured on said policy and the Developer shall file a copy
of the insurance coverage with the City.
6
Prior to commencement of construction of the Improvements described in paragraph 2 above, the
Developer shall file with the City a certificate of such insurance as will protect the Developer, his
contractors and subcontractors from claims arising under the workers' compensation laws of the
State of Minnesota.
24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subj ect
Property and shall secure all permits that may be required by the City of Shorewood, the State of
Minnesota, the Minnehaha Creek Watershed District, and Metropolitan Council Environmental
Services before commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release
of the final plat by the City, make a cash payment to the City in the sum of $3600 ($1200 for
each lot) as local sanitary sewer access charges.
26.) Park Fund Payment - Developer shall, prior to release of the final plat by the City,
make a cash payment to the City in the sum of $4500 (3 x $1500) for the Park Fund.
.
27.) Notices - All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the respective parties, all
notices, certificates and communications to each of them shall be addressed as follows:
To the City:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
.
With a Copy to:
Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY &
LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
To the Developer:
Roy H. Lecy, Secretary/Treasurer
Lecy Construction, Inc.
15012 State Highway 7
Minnetonka, MN 55345
28.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal
7
right to become fee owner of the Subject Property upon exercise of certain rights and to enter
upon the same for the purpose of developing the property. Developer agrees that in the event
Developer's ownership in the property should change in any fashion, except for the normal
process of marketing lots, prior to the completion of the project and the fulfillment of the
requirements of this Agreement, Developer shall forthwith notify the City of such change in
ownership. Developer further agrees that all dedicated streets and utility easements provided to
City shall be free and clear of all liens and encumbrances.
.
29.) Indemnification - The Developer shall hold the City harmless from and indemnify
the City against any and all liability, damage, loss, and expenses, including but not limited to
reasonable attorneys' fees, arising from or out of the Developer's performance and observance of
any obligations, agreements, or covenants under this Agreement. It is further understood and
agreed that the City, the City Council, and the agents and employees of the City shall not be
personally liable or responsible in any manner to the Developer, the Developer's contractors or
subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for
any debt, claim, demand, damages, actions or causes of action of any kind or character arising out
of or by reason of the execution ofthis Agreement or the performance and completion of the
work and Improvements hereunder.
30.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a
copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall
include the City as a signatory thereto, for review and approval by the City prior to recording.
31.) Remedies Upon Default -
.
(01) Assessments. In the event the Developer shall default in the performance of any
of the covenants and agreements herein contained and such default shall not have been
cured within thirty (30) days after receipt by the Developer of written notice thereof, the
City may cause any of the improvements described in paragraph 2 above to be
constructed and installed or may take action to cure such other default and may cause the
entire cost thereof, including all reasonable engineering, legal and administrative expense
incurred by the City to be recovered as a special assessment under Minnesota Statutes
Chapter 429, in which case the Developer agrees to pay the entire amount of such
assessment within thirty (30) days after its adoption. Developer further agrees that in the
event of its failure to pay in full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of Developer's real property within the
Subject Property for any amount so unpaid, and the City shall have the right to foreclose
said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws
of the State of Minnesota. In the event of an emergency, as determined by the City
Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes
Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense incurred by the City in remedying the conditions
creating the emergency.
8
(02) Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay, or reimburse the City for:
(a) The cost of completing the construction of the improvements described in
paragraph 2 above.
(b) The cost of curing any other default by the Developer in the performance
of any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
(03) Legal Proceedings. In addition to the foregoing, the City may institute any proper
action or proceeding at law or at equity to abate violations of this Agreement, or to
prevent use or occupancy of the proposed dwellings.
.
32.) Headings - Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
33.) Severability - In the event any provisions of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby.
34.) Execution of Counterparts - This Agreement maybe simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
35.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
.
36.) Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
9
.
.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
DEVELOPER
CITY OF SHOREWOOD
By:
By:
Its: Mayor
Roy H. Lecy, Secretary/Treasurer
ATTEST:
City Administrator/Clerk
10
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 200_, before me, a Notary Public within and
for said County, personally appeared Woody Love and Craig W. Dawson to me personally
known, who, being each by me du1y sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing instrument, an4 that
said instrument was signed and sealed on behalf of said corporation by authority of its City
Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the
free act and deed of said corporation.
Notary Public
.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 200-, before me, within and for said County,
personally appeared Roy H. Lecy, Secretary/Treasurer ofLecy Construction, Inc., the Developer,
described in and who executed the foregoing instrument and acknowledged that it executed the
same as its free act and deed.
Notary Public
.
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Larkin, Hoffinan, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
11
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KNOWN BY ALL MEN By THESE PRESENtS: L€lcy,: Construction; Inc., a Minnesota corporarion
'fee owner of the foHowing' described property situated in the, County of Hennepin, State of
Minnesota to ,wit: ' ,
,Lot 163; Auditor's SUbdivision Number' 135, Hennepin County, Minnesota, E~XCEPT
, ' ,
, that part described as' follows: Commencing at ,the intersection of the East line of said Lot
16$, and 'the Northerly .line of Trunk Highway No.7; thence North along the East line of
" said lot, a distance of 60 feet; thence West at right angles a distance of 225 feet to the
point, of the beginning of the tract of land to be described; thence East on said last
'des.cribed line a distance' of '100 feet; thence' South on a line parallel to the' East line of
, said lotto its,il'1ters~ction with the North right of way line of Trunk, Highway No.7;
, thence Southwesterly on said Northerly right of" way line of Highway No. 7tothe' point of,
, intersection of sqid Northerly right of way line and a line drawn South and paraHel with
the East line of said lot from the point of beginning; thence Northerly along last
described line' to the point of beginning. '
and
That part' of Lot 163, Auditor's Subdivision' Number 135, 'Hennepin County, Minnesota,
.scribed ,as follOWS:, Commencing at the inte,rsection of the East line, of said Lot 163,
d the Northerly fine of Trunk Highway No.7;' thence North along the East line of said
lot, a distance of 60 feet; thence West at right angles a distance of 225 feet to the point of
the beginning of the tract of land .to be described; thence East on said last described line a,
dista.nce of1 00 feet; thence South on a line parallel to the East line of said lot to its
intersection with the North right of way line of Trunk Highway, No.7; thence
Southwesterly on said Northerly right of way line of Highway No. 7 to the point of
intersection' of' said Northerly right of way line and a line drawn South and' parallel with
the East line of said lot from the point of beginning; thence Northerly along last
described line to the point of beginning, according to the map or plat thereof on file or of
record in the office, of the Registrar 'of Deeds in and for said Hennepin County, Minnesota.
.
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Exhibit B
.
.
DECLARATIONS OF
COVENANTS, CONDITIONS & RESTRICTIONS
THIS DECLARATION made this day of ,2003, by Lecy
Construction, Inc., Property Owners, hereinafter referred to as "Declarant."
WITNESSETH:
Declarant is the owner of certain property in the City of Shorewood, County of Hennepin
and State of Minnesota, which is more particularly described as:
Lots 1 through 3, Block 1, and Outlots A, B, C & D High Pointe Estates
Declarant hereby imposes upon and subjects Lots 1-3, Block 1 and Outlot D in
High Pointe Estates to the following conditions, restrictions, reservations and covenants for the
benefit of said property to its present and future owners and agrees that as Declarant conveys
each lot, the conveyance shall be made subject thereto:
1. As used herein, a Building Site shall consist of one or more platted lots or one
platted lot and portion or portions of adjacent platted lots which are owned by the
same part or parties.
2. No building shall be erected, altered, placed or permitted to remain on any lot other
than one detached single family dwelling unit with attached garage;
3. No dwelling of less than two stories shall be erected, altered, placed or permitted to
remain on any lot unless such a dwelling contains at least 1500 square feet of
finished and heated main floor living area, exclusive of area included within open
porches, garages and basement. No dwelling of two stories or more shall be
erected, altered, placed or permitted to remain on any lot unless such dwelling
contains at least 2400 square feet of finished and heated living space, exclusive of
area within open porches, garages and basement.
Exhibit C
- 1 -
4. At a minimum, unless specifically approved in writing by a Design Review
Committee established by the Declarant(s):
(a) All exterior siding materials shall be of natural woods or cement board type
siding; brick, stone or stucco:
(b) The minimum roof pitch shall be six-twelfths (6/12) with a rise of six (6) feet per
twelve (12) feet in run: and
(c) Promptly upon completion of construction, but in no event later than twelve (12)
months after the Closing Date, Buyer shall install a hard-surface driveway and
complete landscaping.
(d) All fences must be approved by the Design Review Committee if to be
constructed prior to January 1, 2011 (See City Fence Requirements).
5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything
be done thereon which may be or may become an annoyance or nuisance.
6. No trash or debris shall be left in or on any site except in approved containers. No
trash receptacles or garbage cans shall be located outside any building unless
completely screened from view.
7. On Lots 1,2 & 3, Block 1, High Pointe Estates there can be no visible fences except
in the rear yards. Rear yard fence must meet city requirements. No side yard or
front yard visible fencing is allowed.
8. These covenants shall run with the land and shall be binding on all parties and all
persons claiming them for a period of thirty years from the date these covenants are
recorded, after which time said covenants shall be automatically extended for
successive periods of ten years unless an instrument signed by the fee owners of a
majority of the lots has been recorded agreeing to change these covenants in whole
or in part.
-2-
.
.
\
.
.
9. These covenants may be waived, terminated. or modified as to the whole of High
Pointe Estates or any portion thereof with the consent of the fee owners of a
majority of the lots in High Pointe Estates, and regarding the covenants in paragraph
7, with the consent of the City of Shorewood. No such waiver, termination or
modification shall be effective until the proper instrument in writing shall be executed
and recorded in the Office of the County Recorder and files of the Registrar of Title
for the County of Hennepin, State of Minnesota.
10. Declarant and any owner of property in High Pointe Estates, or with respect to the
covenants in paragraph 7 the City of Shorewood, may enforce the covenants and
restrictions contained in this Declaration by any appropriate legal remedy. A person
violating any of the covenants and restrictions will be liable to the Declarant, a
property owner, and the City of Shorewood for all costs and attorneys' fees which
they incur in successfully enforcing the covenants or restrictions.
11. Invalidation of any of these covenants and restrictions by judgment or court order
shall not affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, LECY CONSTRUCTION, INC. has caused this
Declaration to be executed the day and year first above written.
Declarant
LECY CONSTRUCTION, INC.
By: Roy H. Lecy
Its: Secretary. Treasurer
Property Owner/Declarant
CITY OF SHOREWOOD
By:
Its: Mayor
ATTEST:
City Administrator/Clerk
-3-
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of , 2003, by
Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a Minnesota Corporation,
Declarant.
Notary Public
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
-4-
.
.
.
.
DECLARATION OF PRIVATE DRIVE & UTILITY EASEMENT &
MAINTENANCE AGREEMENT
THIS DECLARATION OF EASEMENT is made this day of ,
200_, by the following: the Owners of Lots 1, 2 & 3, Block_
High Pointe Estates (hereinafter referred to as "Benefited Properties") and Lecy Construction,
Inc. (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Owner is the fee owner of the following described real property located
in Hennepin County, Minnesota:
Hiah Pointe Estates according to the recorded plat
thereof on file in the office of the County Recorder in and for Hennepin County, Minnesota
(collectively hereinafter referred to as the "Owners Property"); and
WHEREAS, the Owner desires to declare and establish a certain private drive and
utility easement over and across a certain portion of the Owners Property which is legally
described as Outlot A of the foregoing plat, hereinafter referred to as the "Easement Area",
and depicted as Outlot A on Exhibit A.
NOW THEREFORE, in consideration of the premises, the Owner hereby declares the
following easements, and maintenance agreement for the purposes and upon the terms
hereinafter described:
1. Declaration of Easement. The Owners hereby declare that the Owners Property are
and shall be owned, transferred, sold, conveyed and occupied subject to a nonexclusive
easement over and across the Easement Area for the purposes described below. Said
easement shall burden the Easement Area and shall benefit the Owners Property. Said
easement shall be appurtenant to and run with the title to the Owners Property, and shall be
perpetual.
2. InQress and EQress and Placement of Utilities. The easement created herein is for
construction and maintenance of underground utilities to and across the Easement Area. Said
utilities shall include, but not be limited to: sanitary sewer, water, electric, gas, telephone,
cable television or other electronic wiring.
3. Utility Easement Location. The location of the private drive and utility easement
shall be as shown on the attached Exhibit "A".
Exhibit D
- 1 -
4. Maintenance of Easement. The owners of the Benefited Properties shall be
responsible for, and shall equally pay for, the ongoing and general maintenance, repair and
replacement of, the portion of the Easement Area situated over the Owners Property.
Additionally, the Benefited Properties shall be responsible for, and equally pay for, the ongoing
and general maintenance, repair and replacement of, that portion of the sanitary sewer line
serving High Pointe Estates which lies within the MN DOT property and that portion which lies
within the Francis Thole property (23450 State Highway 7) and northerly and westerly of the
existing manhole location.
5. Maintenance of Private Drive on MN DOT Property. The owners of the Benefited
Properties shall be responsible for, and shall equally pay for, the ongoing and general
maintenance, repair and replacement of, that portion of the Private Drive which exists on MN
Dot property as depicted on Exhibit "B". Additionally, the owners of the Benefited Properties
shall be responsible for, and shall equally pay for, preventing, minimizing and/or repairing
damage from water erosion within five (5) feet either side of the Private Drive on MN DOT
property, said area as depicted on Exhibit "B".
6. Interference with Easement. No obstructions which would prevent, restrict or
otherwise reasonably inhibit the installation of underground utilities on the Easement Area,
shall be erected, condoned, or permitted to endure by the owner(s) of the Easement Area or
any part thereof.
7. Enforcement of Easement: Remedies for Violation. The restrictions set forth herein
shall be enforceable by the owner of the benefited lots, and by each owner's respective
successors in title, by restraining order or injunction, temporary or permanent, prohibiting such
violation or interference and demanding compliance with the provisions hereof, which
restraining order and injunction shall be obtainable upon proof of the existence of such
violation or attempted or threatened violation or interference and without the necessity of proof
of the inadequacy of legal remedies or irreparable harm. In the event of any litigation,
arbitration or other proceeding for the interpretation or enforcement of this Agreement, the
prevailing party will be entitled to receive an award of its costs, including reasonable attorney's
fees.
8. No Dedication to Public. Nothing herein contained shall constitute a dedication of
any interest in any of the Benefited Properties to the public or to public use or to give the
members of the public any rights hereunder, including, without limitation, any rights in the
Easement Area.
9. Amendment. This Declaration of Easement may be amended by an instrument
executed by all of the owners of the Lots comprising the Owner and the Benefited Properties.
Any such amendment must be filed in the office of the County Recorder of Hennepin County
in order to be effective.
10. Successors and Assions. The terms and condition of this Declaration of Easement
shall bind and inure to the benefit of the Declarant and all successors in title to all or part of
the Owners and Benefited Properties affected hereby.
-2-
.
.
.
.
IN WITNESS WHEREOF, the Declarants have caused this instrument to be executed
as of the day and year first above written.
OWNER
BENEFITED PROPERTIES
LECY CONSTRUCTION, INC.
Roy H. Lecy
Secretary-Treasurer
Owner
Lot 1, Block 1, High Pointe Estates
BENEFITED PROPERTIES
BENEFITED PROPERTIES
Owner
Lot 2, Block 1, High Pointe Estates
Owner
Lot 3, Block 1, High Pointe Estates
-3-
-, '.
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of , 200_, by
Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a Minnesota Corporation,
Developer.
Notary Public
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 1, Block 1, High Pointe Estates.
,200_, by
Notary Public
.
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 2, Block 1, High Pointe Estates.
,200_, by
Notary Public
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 3, Block 1, High Pointe Estates.
,200_, by
.
Notary Public
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
-4-
HIGH POINTE ESTATES
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M1VD SURVEYORS, INC.
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EXHIBIT
9/23/03 1'=50'
"B"
OUTLOT B
Owned by Lot 3, Block 1
wi Conservo. tion Eo.se. (to
LOT 3
HIGH
LOT 2
owg~~~gJ 1-f:- Block
<D8.U Eo.se. over Outlot A)
LOT 1
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FRANCIS THOLE PROPERTY
23450 HIJY, 7
"
.
.
OUTLOT B CONVEYANCE
HIGH POINTE ESTATES
THIS CONVEYANCE, is made this _' day of 200_ by and between
, Owner of Lot 3, Block 1, High Pointe Estates, herein after
referred to as the "Owner" and LECY CONSTRUCTION, INC., a Minnesota Corporation,
referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the fee owner of the following described real property
located in Hennepin County, State of Minnesota.
Outlot B, High Pointe Estates according to the recorded plat thereof on file in the
office of the County Recorder in and for Hennepin County, Minnesota (herein after
referred to as "Property"); and
WHEREAS, the Property as depicted on recorded plat of High Pointe Estates is directly
adjacent to Lot 3, Block 1 of High Pointe Estates; and a Conservation Easement over,
under, and across the property has been granted to the City of Shorewood, and;
WHEREAS, such Conservation Easement prohibits future development on the Property
NOW THEREFORE, Developer hereby grants and conveys to the Owner, Outlot B of
High Pointe Estates. The terms of this conveyance are as follows:
1. Owner shall abide by the terms of the Conservation Easement on the Property.
2. The Owner, its successors, and/or assigns shall take ownership and
responsibility for Outlot B in perpetuity.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
DEVELOPER:
OWNER:
LECY CONSTRUCTION, INC.
Roy H. Lecy
Owner
Lot 3, Block 1, High Pointe Estates
Secretary-Treasurer
Exhibit E
-1 -
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of , 200_, by
Roy H. Lecy, Secretary-Treasurer of Lecy Construction, Inc., a Minnesota Corporation,
Developer.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing was acknowledged before me this _ day of
Owner of Lot 3, Block 1 , High Pointe Estates.
,200_, by
Notary Public
.
This instrument was drafted by: Lecy Construction, Inc.
15012 Highway 7
Minnetonka, MN 55345
.
-2-
WETLAND CONVEYANCE
HIGH POINTE ESTATES
THIS CONVEYANCE, is made this _' day of 200_ by and between the
CITY OF SHOREWOOD, a Minnesota municipal corporation, herein after referred to as the
"City", and LECY CONSTRUCTION, INC., a Minnesota Corporation, referred to as the
"Owner/Grantor" .
WITNESSETH:
WHEREAS, the Owner/Grantor is the fee owner of the following described real property
located in Hennepin County, State of Minnesota.
High Pointe Estates according to the recorded plat thereof on file in the office of
the Country Recorder in and for Hennepin County, Minnesota (herein after referred to
as "Property"); and
.
WHEREAS, Outlot C of the property as depicted on recorded plat of High Pointe
Estates is a designated wetland within the City of Shorewood; and
WHEREAS, on , 200_, the City Council of the City of Shorewood
granted Owner/Grantor application for development of the Property; and
WHEREAS, as a condition of the approval, the City required Owner/Grantor to deed
Outlot C to the City, pursuant to current wetland regulations
NOW THEREFORE, in consideration of the City's approval and in satisfaction of the
condition imposed, Owner/Grantor hereby grants and conveys unto the City Outlot C of High
Pointe Estates. The terms of this conveyance are as follows:
1.
Owner/Grantor states that no action of any kind has been undertaken by the
Owner/Grantor during their time of ownership to disturb the wetland/vegetation
on Outlot C.
The City, its successors, and/or assigns shall take ownership and responsibility
for Outlot C in perpetuity.
.
2.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
DEVELOPER:
CITY OF SHOREWOOD:
Its: Mayor
LECY CONSTRUCTION, INC.
Roy H. Lecy
Secretary-Treasurer
ATTEST:
City Administrator/Clef Exhibit F
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
.
DATE:
Larry Brown, Director of Public Works W
November 5, 2003
FROM:
RE: Authorization for Expenditure of Funds - Equipment Replacement Fund
Dump Box, Sander, and Safety Lighting
Now that construction has slowed down, Staff members have now had an opportunity to complete
some of the research needed for programmed equipment purchases. Typically, these types of
purchases take place in the first half of the year, versus the latter half. The construction demands
forced the public works staff to postpone these purchases until the winter months.
This item includes the purchase of a dump box, sander, and safety lighting package. The dump box is
a programmed replacement within the 2003 - 2007 Capital Improvement Program (CIP). The sander
and light packages are items not listed in the ClF.
.
The City is a member of the Cooperative Purchasing Venture (CPV) with the State of Minnesota. This
permits the City to participate in contracts that have already been competitively bid. Such is the
instance for this equipment.
This equipment is for unit 33 within the department. This dump truck is 1988 Ford L8000. To this
date, members of the Public Works Department claim that this is still the best truck of the fleet.
Having stated this, the dump box has deteriorated to the point where repairs can not be completed on
the main structural members of the box. In turn, Staff has evaluated the cab and chassis and decided
that the unit is in great shape. Therefore the dump box is to be replaced. The good news is that the
box and sander can be moved to another unit at a later date, should this unit fail.
Two items were overlooked in programming this expenditure. These are replacement of the rear
sander, and the D.G.T. safety lights for the unit. The sander takes the most wear and tear due to salt
and corrosion. The current unit will be kept for the salvaging of parts and inventory. It was also
discovered in the research that the lighting system does not meet the Department of Transportation
requirements for a commercial snowplow. With recent issues of accidents involving commercial plow
vehicles, it is in the City's best interest to update the lighting system for the vehicle. Currently, this
plow truck has one beacon mounted on the roof, with nothing to the side or rear to alert motorists.
#J;
~.1 PRINTED ON RECYCLED PAPER
~3c..,
Mayor and City Council
Expenditure for Dump Box
November 5, 2003
Page 2 of2
Attachment 1 is the State Contract pages. The expenditure for these items are listed in Table 1 below:
Description
Dump Box
Rear Sander & Hvdraulics
D.O.T.LightPackage
Taxes
TOTAL
Amount
$ 8,062.00
$ 3,698.00
$ 2,814.00
$ 947.31
$15.521.31
Table 1
.
The amounts differ slightly in Table 1 from what was quoted. This is due to the deletion of the
disposal cost of the old box from the contract. It is more economical for the City personnel to dispose
of the old box, versus what the vendor quoted.
While over the amount initially allocated, the Equipment Replacement Fund has an adequate balance
to fund the additional items'. Therefore Staff is recommending approval of the expenditure in the
amounts indicated above with JCraft Inc.
Recommendation
Staff is recommending approval of the expenditure of funds for an amount of $15,521.31 for the
replacement of Dump Box, Sander and D.O.T. lighting package.
.
J-Craft
A Division of Crysteel Mfg, Inc.
70127-330th Street
Kimball, MN 55353
PAGE:
1
LARRY BROWN
CITY OF SHOREWOOD
24200 SMITHTOWN ROAD
SHOREWOOD MN 55331
Estimate: EF01005
Estimated Lead Time: 4-5 Weeks
Estimate Date: 11/04/03
Expiration Date: 02/02/04
Customer No: 11560
Contact: T. ERICKSON
No End Customer Noted
=============================================================================================
Ln Item
Description
Qty
Unit Price
Extended Price
=============================================================================================
1 8026556
WSTXML100SHORWD03JU50-45-30-36-250AR4
Complete replacement body package and
accessories as per specification sheets
attached.
MN 6 1/2% SALES TAX
1
14,899.00
14,899.00
2 999991
1
968.44
968.44
.
.
Estimate Totals:
15,867.44
15,867.44
---------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------
To help insure your satisfaction with J-Craft products,
please review all of the information listed on this estimate
for accuracy, including proper quantities and specifications
as listed when issuing a purchase order. please contact us
directly if changes to this estimate are needed.
PO NBR: DATE: CONTACT:
F.O.B. Kimball, MN
unless noted otherwise
above.
ATTACHMENTl
CONTRACT AMOUNT
_vtt -
"-CRAFT
1,Jj,(jiI>1flIl'lr .. L...
a Division of Cry steel Mfg, Inc.
70127 - 330th Street
Kimball. MN 55353
Ph: 320-398-6122 Fx: 320-398-6123
Toll Free: 800-864-3828
-Experts in Contractor & Municipal ApplicationsH
Equipment Specifications
Ref: Estimate #EF01 005
MODEL: 100WST-XML
DIMENSIONS:
10'0" long x 96" wide 0.0.
FRONT PANEL:
45" high, 10 ga GR50 steel const, wlreinf top lip, horiz bracing @ 1/3 points & (1) vert shovel holder on
LH corner area
SIDES: .
30" high, 10 ga GR50 steel outer panel, sloped center horiz brace, sloped rubrails, 3/16" AR-400 interior,
tubing top rails, Board pockets front and rear, full depth frt & rear cnr posts, 3 line sander manifold @ RH
rubrail, 1/4" x 2" flat tarp-rail full length both sides, J-CRAFT "Stow-A-Way" access ladder - LH FRONT
wlstep above
TAILGATE:
36" high, 3/16" AR400 main panel, 10 ga GR50 Reinf, 3 panel type, 1-1/4" dia top & bottom pins. 1" thick
upper hinges, 3/8" alloy spreader chains, flame-cut steel latches, airtrip ready linkage. NOTE: SEE ALSO
"SANDER" FOR Flow Plate Style
FLOOR:
1/4" HAROOX-400 steel. one-piece construction, wlfloor to side & front to floor tapers
UNDERSTRUCTURE:
S10" x 25.0#/ft struct (I-BEAM) longsills, JU-50 hoist brkt incorporated, w110" struct chnl rear bolster
PREP/PAINT:
Exterior industrially blasted, EPOXY primed, & Finish coated with "Green" Polyurethane Enamel to Match .
ORIGINALcab COLOR CODE (note: will not match cab 100% due to fading). Underside undercoated by
Ziebart.
RUSTPROOFING:
ZIEBART treatment applied to body underside, and inside of the frt & rear corner posts.
LIGHTSIWIRE:
FMVSS 108 compliant, rubber mounted (8TO) clearance lights, (STO) Cluster of 3. w/Factory sealed wire
harness. Ground strap, STROBE/STOP-TAIL-TURN/BACKUP light provisions (in corner posts), with
lights provided by Strobe System and installed.
MUD FLAPS:
Front of rear tires, with anti-sail brackets, Rear of rear tires, attached to Frame mounts.
Internet http://www.j-craftinc.com
~
~~
-~--
emaH: j -craftinfo@j-craftinc.com
"-CRAFT
a Division of Crysteel Mfg, Inc.
70127 _ 330th Street L
Kimball, MN 55353
Ph: 320-398-6122 Fx: 320-398-6123
Toll Free: 800-864-3828
"Experts in Contractor & Municipal ApplicationsH
CABSHIELD:
1/2 type, 24" cabshield, 10 ga const, Weld-on style, Attached to body and painted.
HOIST:
EXISTS ON TRUCK. J-CRAFT to rebuild rear hinge point W/solid block rear hinge point parts.
(Ret J-CRAFT, Model: JU50-0A(C), Overhang: 12", Dump angle: 550 Double acting
HYDRAULIC SYSTEM:
EXISTS ON TRUCK.
TAILGATE TRIP:
. 3-1/2" dia x 6" air cylinder, (?Manual push-puIl/Solenoid) air valve, w/piping and fittings, & installed
t?REAR HITCH:)
N I e (?12" x 1/2" structural channel/3/4" A572-50 Steel) pull plate w/brac ing to truck frame, Safety chain [).
.' . rings, (?PH-15/PH-20, Combo Pintle-Ball/Premier 370 air-cushion Pintle) hook, (W/transfer of (?6/7)
contact female electrical socket,) (?W/transfer of air connections to rear plate)
STROBE SYS:
WHELEN 00T3-1 01 0 system, wlAmber micro-edge front light heads on ALUM roof mount Iightbar wI adj
tubing front mounts. '0' type steel housings mounted in rear corner posts w/Amber lights. Switches and
power supply mounted in cab. NOTE: OEM taillights will be mounted at or near stock position.
SANDER PLUMBING:
New hoses & fittings provided and installed from Dual Flow control in Cab, to RH rear rubrail manifold.
.
SANDER:
Falls Model #1ASD-6SS (STAINLESS STEEL) under-gate sander, 6" dia auger, STO weld-in side spill
plates, LH poly spinner ass'y, sander unit plbg & mtg hdwe. Installed (factory mill finish). NOTE:
PLUMBING CONNECTIONS AT RH REAR RUBRAIL MANIFOLD.
Specifications Accepted by:
Date:
"
NaTE.' R EA~ ... \TC,H
NOT :::LJ..I CoNTR.A..eT"
cZ/t
-
Internet http://www.j-craftinc.com
A
_.,~......,...,.
em ail: j-craftinfo@j-craftinc.com
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 5, 2003
.
FROM:
Honorable Mayor and Councilmembers
Bonnie Burton, Finance DirectorlTreasurer ~
TO:
CC:
Finance Capitalization Policy
Craig W.Dawson. City Administrator ~
RE:
.
City staff is preparing for the required GASB 34 transition, and recently met with Auditor
Steve McDonald, CPA to review the requirements for this new financial reporting model.
One of the requirements is to provide for infrastructure reporting and to that end, the City
Council reviewed a sample draft Capitalization Policy at a recent work-session.
Some of the highlights of this policy include defining capital assets and how to report
them; definitions, depreciation, and useful life values. The City already reports its
general fix.ed assets, and reports and depreciates its enterprise fund capital assets.
However, the City of Shorewood (like most cities) does not report infrastructure (streets,
road, and bridges). This policy will provide the basis for such reporting.
Recommended Action
Staff recommends adoption of the Finance Capitalization Policy by a simple motion of
the City Council.
~
~~ PRINTED ON RECYCLED PAPER
-:# 3D
.1
CITY OF SHOREWOOD, MN
CAPITAL ASSET POLICY
November 10,2003
.
.
.
INTRODUCTION
The City of Shorewood is required to implement Governmental Accounting Standards Board
(GASB) Statement No. 34, Basic Financial Statements and Management's Discussion and
Analysis for State and Local Governments, for fiscal-year ending December 31, 2004.. Statement
No. 34 establishes new financial reporting requirements for state and local governments
throughout the United States. When implemented, it will create new information and will
restructure much of the information that the City of Shorewood has presented in its annual reports
in the past. The intent of these new requirements is to make annual reports more comprehensive
and easier to understand and use.
Two key components of Statement No. 34 require governments to report capital assets and that
the capital assets depreciate over their estimated useful lives. The City of Shorewood currently
reports and depreciates capital assets for the Enterprise Funds. The exception is infrastructure
reporting. The City of Shorewood, (like most cities) does not provide infrastructure reporting
(streets, roads, bridges). Therefore, it is necessary for the City to develop and implement a
Capital Asset Policy that provides for infrastructure reporting needs and meets the new financial
statement reporting requirements.
The proposed Capital Asset Policy will provide guidance to implementing the new reporting
requirements, i.e., meeting the primary objective of fmancial reporting as it pertains to valuation,
allocation, presentation and disclosure.
1
TABLE OF CONTENTS
SECTION I Define Capital Assets and Capitalization Thresholds 3
SECTION II Reporting Capital Assets 3
SECTION III Depreciation Capital Assets 4
SECTION IV Capital Asset Definitions and Categories 4
SECTION V Capital Assets Estimated Useful Life 8
.
.
2
CITY OF SHOREWOOD
CAPITAL ASSET POLICY
PURPOSE
It is the policy of the City of Shorewood to maintain appropriate procedures regarding the
procurement, management, and disposal of all capital assets. The Capital Assets Policy addresses
classes of assets, determination of useful lives, and calculation of depreciation.
SECTION I
DEFINE CAPITAL ASSETS AND CAPITALIZATION THRESHOLDS
A capital asset is real or personal property used in operations and having a value equal to or
greater than the capitalization threshold set forth by the City, for that specific asset classification,
and has an estimated useful life greater than one year. For financial reporting purposes only, the
City will classify and establish capitalization thresholds for each asset class as follows:
.
Other assets
CAPITALIZATION THRESHOLD
$10,000
$25,000
$25,000
$ 5,000
$ 5,000
$100,000
Accumulate all costs and capitalize if
over $100,000 when complete.
$ 5,000
CAPITAL ASSET CLASSIFICATION
Land and land improvements;
Other improvements
Buildings and building improvements;
Machinerv and eauipment;
Vehicles;
Infrastructure; and
Construction-in-progress.
.
Another criterion for recording capital assets is capital-related debt. Capital assets purchased
with debt proceeds should be capitalized and depreciated over their estimated useful life.
Capitalizing these assets will minimize the potential of reporting negative net assets in the
statement of net assets. In most cases, these assets will meet the thresholds and guidelines for
recording as a capital asset.
SECTION II
REPORTING CAPITAL ASSETS
Report and record capital assets at their historical costs, which include most costs necessary to
placing a capital asset into its intended use or state of operation. Historical cost includes the
vendor's invoice, the value of any trade-in or allowance, sales tax, initial installation cost
(excluding in-house labor), modifications, attachments, accessories or apparatus; and ancillary
charges such as freight and transportation charges, site preparation costs, and professional fees.
When the historical cost of a capital asset is not practicably determinable, the estimated historical
cost of the asset should be determined and recorded using alternative methods. Alternative
methods include standard costing and normal costing. Standard costing estimates the historical
cost of a capital asset by establishing the average cost of obtaining the same or a similar asset at
the time of acquisition. Normal costing estimates historical cost based on the current cost to
either reproduce or replace the capital asset, indexed by a reciprocal factor from the estimated
3
acquisition date, i.e., taking the value of acquiring the asset new today and then discounting that
amount by an appropriate inflation factor back to the date of acquisition.
Capital assets donated to the City shall be reported at fair value. Fair value is the amount at
which an asset could be exchanged in a current transfer at arm 's length between willing parties,
other than in a forced or liquidation sale. Donations are defined as voluntary contributions of
resources to the City by a non-governmental entity. A voluntary contribution of resources
between governmental entities is not a donation.
SECTION nI
DEPRECIATING CAPITAL ASSETS
Depreciation is the process of allocating the cost of an asset over the periods that asset is used for
its intended purpose. Capital assets shall be depreciated over their estimated useful live with
exception of the following:
. Inexhaustible assets, i.e., land, and land improvements that do not require maintenance or
replacement, certain works of art, and historical treasures;
. Infrastructure assets reported using the modified approach; and
. Construction work-in-progress. .
For financial purposes the City will use the straight-line method of depreciation, which allocates
the cost evenly over the life of the asset. The same amount of depreciation is taken each year.
Generally, at the end of an asset's life, the sum of the amounts charged for depreciation in each
accounting period, or accumulated depreciation, will equal the original cost less salvage value.
Improvements vs. RepairslMaintenance
A significant issue when recording capital assets is the question of when is expenditure.
capitalized as an improvement versus recorded as repairs or maintenance expense. The key
consideration for determining whether to capitalize expenditures depends on whether the cost
incurred, significantly extends the asset's useful life, increases its capacity, or improves its
efficiency. Therefore, capitalize capital asset improvement costs if:
. The costs exceeds the capitalization thresholds; and
. One of the following criteria is met: .
. The value of the asset or estimated life is increased by 25% of the original cost or
life period;
· The cost results in an increase in capacity of the asset; or
· The efficiency of the asset is increased by more than 10%.
Otherwise, the cost should be recorded as a repair and maintenance expense within the
appropriate expense function.
SECTION IV
CAPITAL ASSET DEFINITIONS AND CATEGORIES
Land is the surface or crust of the earth, which can be used to support structures, and may be
used to grow crops, grass, shrubs, and trees; and is characterized as having an unlimited life, i.e.,
indefinite. Land is an inexhaustible asset and not depreciable.
4
Land improvements consist of betterments, site preparation, and site improvements (other than
buildings) that ready land for its intended use. The costs associated with improvements to land
are added to the cost of the land. Land improvements can be further categorized as inexhaustible,
not requiring maintenance or replacement; or exhaustible, e.g., parking lots, landscaping and
fencing.
.
Examples of items to be capitalized as land and land improvements include:
. Purchase price or fair value at time of gift;
. Commissions;
. Professional fees, includes title searches, architect, legal, engineering, appraisal,
surveying, environmental assessments;
. Land excavation, fill, grading, and drainage;
. Demolition of existing buildings and improvements, less salvage;
. Removal, relocation, or reconstruction of property owned by others, 1.e., power,
telephone and railroad lines;
. Interest on mortgages accrued at date of purchase;
. Accrued and unpaid taxes at date of purchase;
. Other costs incurred in acquiring the land;
. Water wells, including initial cost for drilling, the pump and its casing; and
. Permanent right-of-way.
Other Improvements include assets built, installed, or established to enhance the quality or
facilitate the use of land for a specific purpose.
.
Examples of items to capitalize as other improvements include:
. Fencing and gates;
. Landscaping;
. Parking lost, driveways, and parking barriers;
. Outdoor sprinkler and irrigation systems;
. Recreation areas and athletic fields, including bleachers;
. Golf courses;
. Paths and trails;
. Septic systems;
. Stadiums;
. Swimming pools, tennis courts, basketball courts, skate parks;
. Fountains,
. Plazas and pavilions; and
. Retaining walls.
'i.:~
Buildings refer to a structure that is permanently attached to the land, has a roof, is partially or
completely enclosed by walls, and is not intended to be transportable or moveable. Certain
buildings or structures that are ancillary parts of infrastructure networks, such as well houses and
pumping stations will report as infrastructure rather than as buildings. Examples of items to be
capitalized as building:
Purchased Buildings
. Original purchase price;
. Expenses for remodeling, reconditioning, or altering a purchased building to make it
ready for its intended purpose;
5
. Environmental compliance (i.e., asbestos abatement);
. Professional fees (legal, architect, engineer, management fees for design and supervision;
. Cancellation or buyout of existing leases; and
. Other costs required to place or render the asset into operation.
Constructed Buildings
. Completed project costs;
. Cost of excavation or grading or filling of land for a specific building;
. Expenses incurred for the preparation of plans, specifications, blueprints;
. Cost of building permits;
. Professional fees (architect, engineer, management fees, legal)
. Costs of temporary buildings used during construction;
. Unanticipated costs such as rock blasting or piling;
. Permanently attached fixtures or machinery that cannot be removed without impairing
the use of the building;
. Additions to buildings, i.e., expansions, extensions, or enlargements.
Building improvements include capitalized costs that materially extend the useful life of a .
building or increase the value of a building, or both, beyond one year. Building improvements
should not include maintenance and repairs done in the normal course of business.
Examples of items to be capitalized as building improvements include:
. Installation or upgrade of heating and cooling systems, including ceiling fans and attic
fans;
. Original installation or upgrade of wall or ceiling covering such as carpeting, tiles,
paneling, or parquet;
. Structural changes such as reinforcement of floors or walls, installation or replacement of
beams, rafters, joists, steel grids, or other interior framing;
. Installation or upgrade of window or door-frames, upgrading windows or doors, built-in
closet and cabinets;
. Exterior renovation such as installation or replacement of siding, roofing, masonry;
. Interior renovation of casings, baseboards" light fixtures, ceiling trim;
. Installation or upgrade of plumbing and electrical wiring; and .
. Installation or upgrade of telecommunication systems.
Examples of items considered repairs or maintenance in nature and should not be capitalized as
buildings or building improvements include:
. Adding, removing and/or moving of walls relating to renovation projects that are not
considered major rehabilitation projects and do not increase the value of the building;
. Improvement projects of minimal or no added life expectancy and/or value to the
building;
. Plumbing or electrical repairs;
. Cleaning, pest extermination, or other periodic maintenance;
. Interior decoration, i.e., draperies, blinds, curtain roads, wallpaper;
. Exterior decoration, i.e., detachable awnings, uncovered porches, decorative fences;
. Maintenance-type interior renovation including repainting, touch-up plastering,
replacement of carpet, tile, or pane sections, and refinishing of sinks and fixtures;
6
.
.
. Replacement of a part or component of a building with a new part of the same type and
performance capabilities, e.g., replacement of an old boiler with a new one of the same
type and performance capabilities;
. Any other maintenance-related expenditure, which does not increase the value of the
building.
Equipment, Machinery and Vehicles refer to fixed or movable tangible assets used for
operations, the benefits of which extend beyond one year from date of receipt.
Examples of expenditures to be capitalized as equipment, machinery, and vehicles include:
. Original contract or invoice price;
. Freight charges;
. Handling and storage charges;
. In-transit insurance charges;
. Sales, use and other taxes imposed on the acquisition;
. Installation charges;
. Charges for testing and preparation for use;
. Cost of reconditioning used items when purchased; and
. Parts and labor associated with the construction of equipment, machinery, or vehicle.
The cost of extended warranties and/or maintenance agreements, which can be separately
identified from the cost of the equipment, machinery, or vehicle, shall not be capitalized.
Infrastructure Assets are long-lived capital assets that are stationary in nature, often linear and
continuous in nature, and can be preserved for a significantly greater number of years than most
capital assets.
Examples of infrastructure assets include:
. Roads, streets, curbs, gutters, sidewalks;
. Highways and rest areas;
. Bridges;
. Water and sanitary sewer systems;
. Dams, drainage and storm water systems;
. Electric and gas main lines and distribution lines;
. Street light systems; and
. Signage.
Infrastructure assets shall be capitalized and depreciated unless the modified approach is used.
The modified approach is an alternative to reporting depreciation for infrastructure assets that
meet the following criteria:
. The assets are managed using a qualifying asset management system; and
. It is documented that the assets are being preserved at or above a condition level
established by the City.
Under the modified approach the infrastructure, assets are not depreciated, and only the costs that
increase the capacity or efficiency of the asset are capitalized, while all other expenditures that
preserve the useful life of the assets are expensed. Only infrastructure assets that comprise a
network or subsystem of a network can be reported using the modified approach.
7
Other Capital Assets includes computer software that is either purchased or developed for
internal use, which should be capitalized, if the cost of the software exceeds the capitalization
threshold and depreciated over the software's estimated useful life. Capitalization of computer
software includes software license fees if the total dollar amount of the fee divided by the number
of units or terminals exceeds the threshold.
Examples of expenditures to be capitalized as computer software include:
. External direct costs of materials and services, i.e., third-party fees for services;
. Costs to obtain software from third parties;
. Travel costs incurred by employees in their duties directly associated with development;
. Payroll and payroll-related costs of employees directly associated with or devoting time
to encoding, installing or testing; and
. Costs to develop or obtain software that allows for access or conversion of old data by
new information systems.
Note that upgrades and enhancements should only be capitalized to the extent that they increase
the functionality of the product.
Capital Leased Property includes leased real or personal property, for which ownership of the
asset substantially transfers to the lessee; therefore meeting the criteria for capitalizing as an
asset. Capitalize the cost of the asset if the lease agreement meets anyone of four conditions:
. It transfers ownership of the property to the lessee at the end of the lease term;
. The lease contains a "bargain purchase" option-an option that gives the lessee the right
to purchase the asset for a future price less than the fair market value;
. The lease term is equal to at least 75% of the asset's estimated economic life; or
. The present value of the minimum lease payments at the inception of the lease, excluding
executory costs, equals at least 90% of the fair market value of the leased asset atthe time
the lessee signs the lease.
Leases that do not meet any of the above conditions shall be recorded as an operating lease and
reported in the notes of the financial statements.
SECTION V
CAPITAL ASSETS ESTIMATED USEFUL LIFE VALUES
20
20
15
20 ears
15 years
tennis courts, basketball
20
15
15 ears
20 years
20
20
20
8
.
.
40 ears
25 ears
20 ears
20 ears
20 ears
20 ears
20 ears
stem 10 ears
10 ears
et 15 ears
7 ears
15 ears
10 ears
20 ears
. and vehicles
.
structural
Infrastructure
Roads, streets, curb and utter
Parkin lots
Sidewalks
Water, sanita sewer, storm sewer s stems
Brid es
9
10
10
10
10 ears
5 ears
15 ears
10 ears
5 ears
5 years
6 years
15 ears
20
15
20
40
20
.
.
"
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION SUPPORTING THE APPLICATION
BY CAPESTONE BUILDERS
FOR A HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND
GRANT APPLICATION
WHEREAS, Capestone Builders proposes to develop the property at 20775 Manor Road as
residential twinhomes; and
WHEREAS, the property was formerly used as an auto salvage yard, which resulted in
polluting the soil on portions of the property; and
WHEREAS, the developer has prepared plans for the correction of the soil pollution, to be
approved by the Minnesota Pollution Control Agency; and
WHEREAS, the developer is making application for a Hennepin County Environmental
Response Fund Grant; and
WHEREAS, the City of Shore wood strongly encourages the environmental clean up of the
property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Shorewood
supports the environmental financial grant application to be submitted to the Hennepin County
Department of Environmental Services on 14 November 2003 by Capestone Builders.
ADOPTED by the City Council of the City of Shore wood this lOth day of November, 2003.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR
#.3E.
.
.
.
.
'(:' t.
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
CITY OF
SHOREWOOD
MEMORANDUM
TO: Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public W orks ~
November 5,2003
DATE:
RE: Petition for Use of the Public Right of Way - John Pastuck and Ryan Johannsen
The developer of the John Pastuck Addition and Mr. Ryan Johannsen, property owner of 6070
Strawberry Lane, have requested use of the public right of way along the west side of Strawberry Lane
for the installation of a watermain. This utility is to serve the properties in which they have an interest.
Attachment 1 is a location map for the portion of right of way impacted.
This application is similar to the installation performed by Cub Foods, along Minnetonka Drive. The
applicants are requesting the ability to install the watermain within the public right of way. Once the
main is installed, the applicants will turn the utility over to the City for perpetual operation and
maintenance.
In accordance with the City's watermain ordinance, the applicant will be provided a credit toward the
installation costs of the watermain. To insure that the project is adequately secured against default, the
applicants will post with the City of Shore wood the three connection charges of $10,000 per lot, or
$30,000 prior to construction. In no instance shall the credit to be given exceed the $30,000 paid up
front. Staff will prepare an escrow agreement with the applicants and allow construction to proceed.
Similarly, the applicant's contractor shall post the necessary bonds and insurance for the project.
With regard to permits, the applicant's engineer will be required to obtain a permit from the Minnesota
Department of Health for the extension of watermain.
Recommendation
Staff is recommending approval of a motion that authorizes Mr. Pastuck, Mr. Johnnsen, and their
contractor use of the public right of way for installation of a 12-inch diameter watermain along that
portion of Strawberry Lane as outlined in this memorandum and shown in Attachment 1.
#.
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UTILITY PLAN
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:
RE: Petition for Use of the Metropolitan Council Sanitary Sewer Utility
In conjunction with the previous City Council item, Mr. Pastuck and Mr. Johannsen desire to obtain
sanitary sewer service from the Metropolitan Council of Environmental Services (MCES) utility
located in the centerline of Strawberry Lane.
Policy for MCES is that any applicant desiring direct connection to the MCES utility shall submit a
petition the local authority first. The local authority is to consider the petition for service. If however,
the local authority does not have a main within the subject area, the City will accept the petition and
forward this by way of resolution to MCES.
.
Staff has reviewed the petition and finds that the City does not have a sanitary sewer main present to
serve this area. The MCES main serves connections along Strawberry Lane.
Therefore, Staff is recommending that the petition be accepted and forwarded on to representative of
MCES.
Recommendation
Staff is recommending approval of a motion that accepts the petition requesting sanitary sewer service
and forwards said petition to the Metropolitan Council of Environmental Services.
*3&
~
~.,) PRINTED ON RECYCLED PAPER
To: City of Shorewood City Council
From: Tom Skramstad, LMCD Representative
Subject: LMCD Newsletter
Date: November 10th, 2003
Here is my "periodic" report of the activities of the LMCD.
1. Water Patrol Deputies: Two additional deputies were added to the Water Patrol during the summers of 2001, 2002
and 2003, with very positive results. In 2003 Hennepin County funded 100% of the cost, however they have let us
know that they cannot be sure that funding can be supplied in future years, due to the budget deficit. At this writing,
the money is contained in the Sheriff's budget; however this budget is $2.8 million higher than it needs to be.
Several member cities, including Shorewood, have written to the County Commissioners expressing their strong
support for continued funding. County Commissioner Linda Koblick is a strong advocate for this program and is
keeping me informed as the County goes through their budget process.
.2. Solar Liahts on Buovs: Lights have installed on certain red and green channel buoys during the last 2 boating
seasons, and feedback has been very positive. The LMCD has plans to continue this program in 2004 at the same
level (no additional budget dollars are allocated.)
3. Howards Point Marina: Howard's Point Marina applied for permission to store 38 boats on the east side of
Howard's Point Road. The LMCD Board has turned down this application.
4. Miltoil Harvestina Proaram: The program commenced on June 10th and ran until August 15th. The harvesting
'1Ieet" now consists of 4 harvesters (two older and two new) and a ''high speed" transport that will take the harvested
milfoil to shore, thereby allowing the harvesters to stay productive. A final report for the year will be presented at the
November 12 LMCD Board meeting. If the City would like a copy, let me know.
5. Zebra Mussels: The LMCD, the LMA and the DNR have run a pilot zebra mussel inspection program at certain
public launch ramps (this year at Grays Bay, Maxwell Bay, North Arm and Spring Park) for the last 2 boating
seasons. A report on the effectiveness of this program will be made at the November 12 LMCD Board meeting.
Zebra mussel infestation was recently reported near Brainerd, and also near Rochester. It is only a matter of time
before this exotic reaches Lake Minnetonka.
. 6. Personnel Procedures. The LMCD recently approved new/refined personnel policies for the organization. These
will help guide us in matters of hiring, pay, vacation, disciplinary action, etc.
7. Board appointments. Shorewood should have received a letter recently regarding the need to appoint an LMCD
representative for 2004.
8. Web Paae: The LMCD's Web site is http://www.lmcd.orq
As always, I am interested in feedback regarding the content, frequency, and level of detail contained in this report.
Tom Skramstad
toms@mr.net
952-474-5374
#5A
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 6, 2003
.
FROM:
Honorable Mayor and Councilmembers -
Bonnie Burton, Finance Directorrrreasurer ~
TO:
CC:
Annual Certification of Delinquent Utility Accounts r1J
Craig W. Dawson, City Administrator
RE:
.
Discussion
The City Code provides for annual certification of delinquent utility bills against the
respective properties served. A resolution is attached for City Council consideration
setting delinquent utility charges and other charges and fees to be certified to the County
as a levy on the property taxes. This resolution is considered and passed annually.
Each property owner may object to this proposed certification of delinquent accounts and
as part of the appeal process, may request a hearing in front of the City Council. This
year, there was one request for such a hearing from Ronald Johnson, 5355 Shady Hills
Circle, Shorewood, MN 55331. On the day of the hearing, he requested a two-week
continuance to the November 10 meeting, which the City granted. Copies of related
correspondence are attached for your review.
Council Action Requested
After convening the public hearing and taking testimony, the City Council is requested to
approve the attached resolution certifying delinquent utility charges to the 2004 property
tax rolls.
o PRINTED ON RECYCLED PAPER
*bff
CITY OF SHOREWOOD
RESOLUTION NO. 03-
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
WHEREAS, Shorewood City Code provides for the City to place delinquent sanitary
sewer charges, storm water management utility charges, recycling charges, city clean-up charges,
dry hydrant charges. and sump pump charges on the succeeding year property tax rolls for the
specified properties; and,
WHEREAS, the City Council has scheduled the consideration of the assessment of such
charges and has caused notice of such assessments to be mailed to the affected property owners;
and,
WHEREAS, the Council has considered such charges at a regular council meeting and
has made a determination that delinquent sanitary sewer charges, storm water management utility
charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges
exist for the specified properties set forth in Exhibits A, B, C, D, E, and F attached hereto and
made a part hereof.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That the Hennepin County Special Assessment Division is hereby authorized to place the
delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city
clean-up charges, dry hydrant charges, and sump pump charges, on the 2003 property tax rolls,
payable in 2004, at eight percent (8%) per annum, against the specified properties as set forth in
Exhibits A, B, C, D, E, and F.
ADOPTED by the City Council of the City of Shorewood, Minnesota, this 27th day of
October, 2003.
.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR
IIUN1C CODE 26
:XHIBIT A
'.
.
.
LEVY NO A
SANITARY SEWER
PIDNO. TOTAL PRINCIPAL ACCOUNT NO.
32-117-23-31-0013 174.38 0110059950
33-117-23-13-0029 384.92 0155057050
33-117-23-41-0016 161.70 0220057850
33-117-23-22-0014 384.92 0260055251
33-117-23-22-0014 384.92 0260055551
33-117-23-23-0028 384.92 0260057400
33-117-23-32-0031 384.92 0260058900
25-117-23-34-0025 384.92 0270203450
32-117-23-13-0008 384.92 0330057750
26-117-23-14-0022 241.56 0385209400
34-117-23-33-0029 175.56 0425060550
26-117-23-11-0044 384.92 0435046450
26-117-23-11-0028 384.92 0435047400
33-117-23-21-0034 142.40 0470054220
25-117-23-32-0023 384.92 0485205750
26-117-23-11-0050 384.92 0550211050
34-117-23-32-0014 384.92 0555058300
31-117-23-14-0008 161.70 0635274050
25-117-23-44-0049 384.92 0705053550
36-117-23-21-0009 384.92 0740055800
33-117-23-24-0006 384.92 0775248600
25-117-23-34-0022 407.23 0780053850
25-117-23-34-0012 408.43 0780054050
32-117-23-11-0014 380.91 0825256450
33-117-23-22-0020 329.41 0905054400
33-117-23-44-0032 384.92 0940242150
34-117-23-24-0028 139.31 2945057200
33-117-23-23-0035 482.86 9775255750
TOTAL LEVY NO 15613 $ 9,364.17
.
.
MUNIC CODE 26 LEVY NO B
EXHIBIT B WATER
PIDNO. TOTAL PRINCIPAL ACCOUNT NO.
34-117-23-24-0028 65.50 2945057200
TOTAL LEVY NO 15614 $ 65.50
.
.
MUNIC CODE 26
" EXHIBIT D
.
.
LEVY NO D
RECYCLING
PIDNO. TOTAL PRINCIPAL ACCOUNT NO.
32-117-23-31-0013 19.39 0110059950
33-117-23-13-0029 28.88 0155057050
33-117-23-41-0016 12.14 0220057850
33-117-23-22-0014 28.88 0260055251
33-117-23-22-0014 28.88 0260055551
33-117-23-23-0028 28.88 0260057400
33-117-23-32-0031 28.88 0260058900
25-117-23-34-0025 28.88 0270203450
32-117-23-13-0008 28.88 0330057750
26-117-23-14-0022 18.13 0385209400
34-117-23-33-0029 18.13 0425060550
26-117-23-11-0044 28.88 0435046450
26-117-23-11-0028 28.88 0435047400
33-117-23-21-0034 13.06 0470054220
25-117-23-32-0023 28.88 0485205750
26-117-23-11-0050 28.88 0550211050
34-117-23-32-0014 28.88 0555058300
31-117-23-14-0008 12.14 0635274050
25-117-23-44-0049 28.88 0705053550
36-117-23-21-0009 28.88 0740055800
33-117-23-24-0006 28.88 0775248600
25-117-23-34-0022 30.55 0780053850
25-117-23-34-0012 32.39 0780054050
32-117-23-11-0014 31.97 0825256450
33-117-23-22-0020 24.72 0905054400
33-117-23-44-0032 28.88 0940242150
34-117-23-24-0028 13.29 2945057200
TOTAL LEVY NO 15616 $ 687.99
MUNIC CODE 26
EXHIBIT E
..
LEVY NO F
SUMP PUMP PENAL TV
PIDNO. TOTAL PRINCIPAL ACCOUNT NO.
25-117-23-44-0049 1200.00 0705053550
TOT AL LEVY NO 15617 $ 1,200.00
.
.
MUNIC CODE 26
EXHIBIT F
.
.
LEVY NO E
CITV CLEAN-UP
PID NO. TOTAL PRINCIPAL ACCOUNT NO.
32-117-23-31-0013 14.00 0110059950
33-117-23-13-0029 14.00 0155057050
33-117-23-41-0016 14.00 0220057850
33-117-23-22-0014 14.00 0260055251
33-117-23-22-0014 14.00 0260055551
33-117-23-23-0028 14.00 0260057400
33-117-23-32-0031 14.00 0260058900
25-117-23-34-0025 14.00 0270203450
32-117-23-13-0008 14.00 0330057750
26-117-23-14-0022 14.00 0385209400
34-117-23-33-0029 14.00 0425060550
26-117-23-11-0044 14.00 0435046450
26-117-23-11-0028 14.00 0435047400
33-117-23-21-0034 14.00 0470054220
25-117-23-32-0023 14.00 0485205750
26-117-23-11-0050 14.00 0550211050
34-117-23-32-0014 14.00 0555058300
31-117-23-14-0008 14.00 0635274050
25-117-23-44-0049 14.00 0705053550
36-117-23-21-0009 14.00 0740055800
33-117-23-24-0006 14.00 0775248600
25-117-23-34-0022 14.00 0780053850
25-117-23-34-0012 14.00 0780054050
32-117-23-11-0014 25.00 0825256450
33-117-23-22-0020 14.00 0905054400
33-117-23-44-0032 14.00 0940242150
34-117-23-24-0028 14.00 2945057200
TOTAL LEVY NO 15618 $ 389.00
--
"
.
MUNIC CODE 26 LEVY NO G
EXHIBIT G DRY HYDRANT
PIC NO. TOT AL PRINCIPAL ACCOUNT NO.
TOTAL LEVY NO 15619 $ -
.
.
RON JOHNSON
NOV
3 2003
October 3 1, 2003
5355 Shady Hill Circle
Shorewood,~ 55331
Tel: 952-474-8171
Bonnie Burton, Finance Director
City of Shorewood, Minnesota
5755 Country Club Road
Shorewood,~ 55331
RE: Your letter of October 28, 2003.
Dear Ms. Burton:
.
Your letter to Johnson shown copied to the Mayor and City Council members presents an entirely
different version of the facts from the facts they set forth in their current court brief, excerpts I
copied to you along with Johnson's letter of October 27,2003.
For example, on page 20 of their brief, they represented that the ""City Council also made a
("reasonable") financial decision how to pay for residents' ("presumed") non-compliance with the
ordinance"" that benefited the property. For purposes of their continued special assessment
hearing, kindly produce the accounting. Johnson had requested such accounting in his September
20, October 4,24,27,2003 letter administrative requests. Incomplete accounting was produced
barely two (2) business days prior to the hearing; Johnson objected to this as unreasonable under
the Due Process Clause; and, the hearing was continued for November 10,2003. Kindly produce
the accounting well ahead of the re-scheduled hearing. Thank you very much.
.
Finally, I call your attention to the fact that all the papers in this matter are considered the special
assessment administrative record capable of certification by the City Clerk as prescribed by
Minnesota Statute Section 429.081 which prescribes in relevant part:
"[T]he city municipal clerk shall furnish appellant a certified copy of objections filed in the
assessment proceedings, the assessment roll or part complained of, and all papers necessary to
present the appeal."
In their above-referenced brief, the City, Mayor, and Council members failed to address the issue
that the City refused to and did not have the City Clerk certify any papers in that appeal. A city
cannot successfully defend against a special assessment appeal by not complying with the appeal
procedures prescribed by the statute that must be strictly construed. Ewert v. City of Winthrop,
278 N.W. 2d 545 (Minn. 1979). I copied this reported case law to you along with Johnson's
October 27 2003 letter.
C: Craig W. Dawson, City Administrator
Hennepin County Assessor
Mayor Woody Love
City Council members
City Clerk
.
.
2
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474.3236
FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
October 28, 2003
Mr. Ron Johnson
5355 Shady Hills Circle
Shorewood, MN 55331
Re: Certification of Delinquent Utility Charges
.
Dear Mr. Johnson:
This letter is in response to your letter of October 24, 2003. In that letter, you requested a
continuance of the certification of delinquent utility charges. That item will be continued
to the City Council meeting of November 10, 2003.
In your letter, you make reference to the need for the City to demonstrate special benefit
to justify the imposition of the utility penalty. The levy of these charges is not
undertaken as a special assessment where there is benefit from a public improvement.
This delinquent charge is not a Minnesota Statutes "Chapter 429 special assessment."
There are no improvements, benefits or assessments associated with this charge. It is a
. penalty as provided in the Shorewood Code of Ordinances.
.
I hope this clarifies your understanding of these charges. Should you have any questions,
please contact me at (952)474-3236.
Bonnie Burton
Finance Director
Cc: Craig Dawson, City Administrator
Mayor Woody Love
City Council members
n
~J PAINTED ON RECYCLED PAPER
RON JOHNSON
October 27,2003
5355 Shady Hill Circle
Shorewood,~ 55331
Tel: 952-474-8171
Bonnie Burton, Finance Director
City of Shorewood, Minnesota
5755 Country Club Road
Shorewood,~ 55331
OCT 2 9 2003
RE: Your telephone message of October 27, 2003.
Dear Ms. Burton:
Thank you very much for your telephone message today that Shorewood had granted my request
for a continuance of the City's special assessment hearing. Johnson's grounds for the continuance
was two fold; (1) the City failed to timely respond to Johnson's accounting requests of September
20 and October 4,2003; and, (2) the City flat failed to respond to Johnson's special benefit
accounting request. I have enclosed herewith two documents that provide foundation for
Johnson's argument at the hearing vis a vis the subject $100 per month "Sump Pump Penalty", i.e.
a fine (''Fine''), imposed by the City using the special assessment statute.
.
The first document is a copy of Minnesota case law entitled Ewert v. City of Winthrop, 278 N.W.
2d 545 (Minn. 1979) explaining that when a property owner objects to a special assessment the
burden shifts to the assessing authority to produce specific accounting of the alleged special
benefit. The flat $100 per month Fine that Shorewood cloaks as a surcharge is inherently suspect.
The second document explains Shorewoods' current position. Note that I included Hennepin .
County's caption because the Citys' caption is incomplete. In this document, the City admitted to
several important Johnson defenses - - to the payment of the special assessment proposed in your
notices - - as follows:
(a) Shorewood admitted that it proceeded under Minn. Stat. ~ 444.075 - - the special
assessment statute - that requires special benefit accounting. Ewert.
(b) Shorewood cited City code 9 904.09 and, in particular, Subd. 5 surcharge set at $100
per month and, in particular, Subd. 2 that the class of objecting citizens get threatened
and Fined whereas the class of non-objectors can re-connect their sump pumps after the
inspection without fear of a second inspection or Fines being imposed. This, of course,
violates the Equal Protection Clause of the U.S. Constitution making those portions of
the ordinance wrong and unenforceable.
1
..'
.
.
(c) The City admitted that it entered into a contract vvith Johnson that the City unilaterally,
arbitrarily, and capriciously subsequently breached. The lavv requires the City to honor
contracts as in the private sector.
(d) The City admitted that it accrued the Fines during the term of the contract since 1996.
These accruals included during the prior Robert Bean and Thomas Dahlberg
administrations vvho chose not to certify such sums to Hennepin County. In short, the
current administration unlavvfully retroactively reversed decisions oftvvo (2) prior
administrations.
(e) Finally, the City basically admitted another 14th Amendment violation, namely that the
majority class complied vvith the inspection and Johnson as minority did not and
Shorevvood made no accommodating variance that variance lavv vvas intended for to
comply vvith the Amendment.
Johnson vviil assert at the continued hearing that for among the foregoing grounds the "Sump
Pump Penalty" special assessment is improper. Buttressing his argument is the lack of any precise
special benefit accounting that Johnson doubts exists. Please provide the accounting well in
advance of the continued hearing date. Without this, the City's proposed assessment is clearly
bogus. Ewert.
Thank you ,:~ry much...
S7t~L
Ron Jo
Enclosures
C:
Craig W. Davvson, City Administrator vv/o enclosures
Hennepin County Assessor vv/o enclosures
2
.
RON JOHNSON
\\
,i'r':y.: 5355 Shady Hill Circle
" I,
!,Shorewood, MN 55331
October 24,2003
OCT 2 7 2003
! jJ'Tel: 952-474-8171
i ___ J ,
I,." .~,,,,. i
Bonnie Burton, Finance Director
City of Shorewood, Minnesota
5755 Country Club Road
Shorewood,MN 55331
,', """,...J
RE: Your Letter dated October 20, 2003, postmarked October 22, 2003 received on
October 23, 2003 in response to my letter of October 4, 2003.
Dear Ms, Burton:
.
Please continue the hearing scheduled for Monday, October 27,2003. A continuance is
appropriate so Johnson can properly prepare for the hearing based on the facts as follows:
On October 4, 2003 Johnson, for the second time, requested specific accounting on the issue and
he requested an early City reply to prepare for the hearing. Shorewood failed to promptly reply. It
replied, and only in part, less than two (2) business days prior to the hearing. This was insufficient
and wholly unreasonable time under the Due Process Clause. Kindly leave a message on
Johnson's telephone answering machine at the above number that the hearing will be continued
and that Johnson need not necessarily attend the Monday hearing.
So that Johnson can properly prepare for the continued hearing, kindly provide the other
accounting not produced - - that Johnson had requested in his October 4, and September 20,2003
letters - - namely the specific benefit dollars and cents accounting for the $1,200 annual "Sump .
Pump Penalty" (i.e., Fine) item set forth in the summary accounting Shorewood did produce
along with its above-referenced letter. Such summary Fine accounting is wholly insufficient
special benefits accounting under Minnesota law, e.g., Ewert v. City of Winthrop, 278 N.W. 2d
545 (Minn. 1979) as follows:
Shorewood seeks to collect the $1,200 Fine through Hennepin County as a tax special assessment
as an alleged property special benefit earned and paid for by the City thusly justifying the
assessment. However, the Minnesota Supreme Court in Ewert explained in relevant part that:
""[H]owever, the questions of whether the property assessed received any special benefit and
whether the assessment exceeds the special benefit are always open for review.
1
.
.
[I]f the assessment exceeds special benefits, the action taken by the public body is a "taking"
and is confiscatory.""
Ewert at 548. Emphasis added. It is thus incumbent on the City to produce its special benefit
accounting. Id. at 549. Kindly produce the accounting at least two (2) weeks prior to the
continued special assessment hearing.
Thank you very much,
C:
Craig W. Dawson, City Administrator
Hennepin County Assessor
PS: As a threshold matter, Shorewood represented by its legal counsel, previously represented to
the Minnesota Supreme Count that the very same kind of levy imposed by the Sewer Board on the
City "were arbitrary, capricious, inequitable, and confiscatory". Shorewood v. Metro. Waste
Control Comm 'n, 533 N.W. 2d 402,403 (Minn. 1995). Shorewood wasted taxpayers' money on
this suit. The high court did not, in reality, review the City's claim because short of that the court
ruled the City failed to follow appeal procedures prescribed by statute thus forfeited any review.
2
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
October 20, 2003
Mr. Ronald Johnson
5355 Shady Hills Circle
Shorewood, MN 55331
Re: Delinquent Utility Charge Assessment
.
Dear Mr. Johnson:
The City is in receipt of your.letter dated October 4, 2003, and as requested, enclosed is a
detailed itemized account for the amount the City intends to certify to Hennepin County
due to lack of payment. Please be advised your opportunity to be heard by the City
Council on this matter is Monday, October 27,2003, at 7:00 p.m., or shortly thereafter, in
the City Council chambers at Shorewood City Hall, 5755 Country Club Road.
Should you have any questions relating to the above matter, please contact me at 952-
474-3236.
Sincerely,
.
CITY OF SHOREWOOD
L~
Bonnie Burton
Finance Director/Treasurer
Cc: Craig W. Dawson, City Administrator
Timothy J. Keane, City attorney
ft
'-~ PRINTED ON RECYCLED PAPER
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927. (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
City of Shorewood
Utility Billing Account Summary
Account:
Ronald Johnson
5355 Shady Hills Circle
Shorewood, MN 55331
# 0705053550
PID# 25-117-23-44-0049
Period . Billing Cumulative
Ending Date Amount Balance Due
Qtr 3 '02 9/30/02 10/3/02 405.44 405.44
Qtr 4 '02 12/31/02 117/03 415.98 821.42
. Qtr 1 '03 3/31/03 4/9/03 416.02 1237.44
Qtr 2 '03 6/30/03 7/3/03 441.62 1679.06
ft
'-~ PRINTEO ON RECYCLEO PAPER
U"/u::tU::J.J :3:3U :c.u~~ A UlJN"OU4"t
SHADY lULLS CIR. OS3SS
SROREWOOD
06/30/02
(ROT1TE 00)
MN 5533L
09/30/02
PEN. 33.43
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0705053550 RONALD R. JOHNSON
SHADy EIr..:t.S CIR. 05355
SBOREWOOD
3.2/31/02
(ROtn'E 00)
!<IN 55331.
. 03/31/03
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0705053S50 RONALD a JOHNSON
SKJlJJY EIt.LS CIll OS3SS
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06/30/03
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.
...
RON JOHNSON
October 4, 2003
5355 Shady Hill Circle
Shorewood,~ 55331
Michelle Nguyen,
Accounting Clerk
City of Shorewood
5755 Country Club Rd,
Shorewood, :tv.1N 55331
RE: Your letter of September 19, 2003
Dear Ms. Nguyen:
I object to the special assessment and request a hearing.
For purposes of the hearing, kindly provide forthwith a complete itemized accounting. I note your
above-referenced letter indicated a delinquent amount of $1,679.06 to be added to and nearly
doubling the taxes on my home. Surely, the huge confiscatory amount is not merely for
Shorewood providing routine sanitary sewer service for a year.
Finally, since the City intends to assess my tax bill by special assessment, i.e., for real property
improvements incurred or paid for by the City in fact, kindly also provide a detailed accounting of
the special assessment benefits to demonstrate prior to the hearing that the City's intended special
assessment does not amount to a government confiscatory physical taking within the meaning of
Evert v. City of Winthrop, cited as 278 N.W. 2d 545, 548 (Minn. 1979). This precedent legal
opinion i.e. Minnesota case law, placed the burden on Shorewood to demonstrate in a dollars and
cents accounting the specific itemized benefit( s) of the special assessment proposed. Please
provide the special benefit(s) accounting; and, in conjunction therewith explain the special
benefit( s).
Thank you very much. I look forward to your early reply so I can properly prepare for the
hearing.
Sincer~ours,
,/?7
Ron Johnson
vc: Hennepin County
!rDJr~F:f r; ':, .'.'
o' ,...~ .. .j;
;i:' OCT 9
ILl t: ~ 2003
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September 19,2003
Ronald Johnson
5355 Shady Hills Circle
Shorewood, MN 55331
Service Address:
Account Number:
Delinquent Amount:
Property ID Number:
5355 Shady Hills Circle
0705053550
$1679.06
25-117-23-44-0049
The water andlor sewer utility account for this address is delinquent. As the owner ofthis property, you
are responsible for payment of the bill. Please forward your remittance in the above amount prior to
October lSlll, 2003 to avoid penalties and interest. Please call (952) 474-3236 if you have questions .
regarding your balance.
All delinquent accounts will be certified to Hennepin County and an Administrative Penalty will be
added to each account. The total amount plus 8% interest and a Hennepin County fee will be added to
your 2004 property taxes. Once certified to your taxes, there is no procedure for deferring payment of
this amount or paying only part of the amount. Therefore, if your circumstances require partial
payments, you are urged to contact the City of Shorewood Finance Department immediately to make
arrangements.
You have the right to request a hearing before the City Council to explain why the account has not been
paid and request that the delinquent amount not be added to your property taxes. This request for a
hearing will be considered your objection to the City's proposed action. You have until October 20,
2003 to request such a hearing. The request must be submitted in writing to my attention and delivered
to City Hall by 4:30 p.m. on that day. If a hearing is requested it will be held at 7:00 p.m. on October 27,
2003 in the City Council Chambers at City Hall. .
You may not appeal the City' 5 decision to certify the amount as part of your property taxes unless you
file your written objection and request a hearing. If you file that written objection, you may appeal to
District Court by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the
Council's decision and filing notice with District Court within ten days after service on the Mayor or
City Clerk.
Your prompt attention to this delinquency is required. We have the right to turn off the water at all
properties and require a deposit if final bills are left unpaid. Please return this letter with your check to
insure proper credit to your account.
Sincerely,
Michelle Nguyen
Accounting Clerk
Cc: Bonnie B urton, Finance Director
FINAL NOTICE!
August 29,2003
.
Ronald Johnson
5355 Shady Hills Cir
Shorewood MN 55331
Service Address:
Account Number:
Delinquent Amount:
Property ID Number:
5355 Shady Hills Cir
0705053550
$1679.06
25-117 -23-44-0049
The sewer utility account for this address is delinquent. As the owner of this property, you are
responsible for payment of the bill. Please forward your remittance immediately to avoid penalties and
interest. Please call (952) 474-3236 if you have questions regarding your balance.
All delinquent accounts will be certified to Hennepin County and an Administrative Penalty will be
added to each account. The total amount plus 8% interest and a Hennepin County fee will be added to
your 2004 property taxes. Once certified to your taxes, there is no procedure for deferring payment of
this amount or paying only part of the amount. Therefore, if your circumstances require partial
payments, you are urged to contact the City of Shorewood Finance Department immediately to make
. arrangements.
Your prompt attention to this delinquency is required. Please return this letter with your check to insure
proper credit to your account.
Sincerely,
Michelle Nguyen
Accounting Clerk
Cc: Bonnie Burton, Finance Director
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 ofthe 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.
From 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
~J PRINTED ON RECYCLED PAPER
I '.t>.
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 ofthe 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
.
.
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SITE LOCATION
Marso r.o.w. vacation
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Exhibit B
SURVEY
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 Dri veil. 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 upon 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
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c-4
PUBLIC HEARING NOTICE
CITY COUNCIL MEETING
Who:
James Marso, 5495 Wedgewood Drive
. What:
A Public Hearing before the City Council for request to vacate portions of
undeveloped public rights-of-way.
.
Why:
Mr. Marso is requesting that the City vacate portions of undeveloped public
rights-of-way that are adjacent to his property (see Site Location map on back).
Mr. Marso would like to combine the vacated areas with his property so that he
may apply for subdivision of his parcel into two residential lots.
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 ofthe 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
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 21, 2003
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:05 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Borkon, Gagne, Packard, Pisula, White (arrived at 7:05
P.M.) and Woodruff; and Planning Director Nielsen
Absent:
Council Liaison Zerby
. APPROVAL OF MINUTES
· October 7, 2003
Gagne moved, Borkon seconded, Approving the October 7, 2003, Planning Commission Meeting
Minutes as amended on Page 4, Item 2, Paragraph 4, change "that if the applicant return to the
MCWD..." to "that ifthe Planning Commission rejected the application and the applicant returned
to the MCWD for further discussion, the area might not be declared a wetland, and then the
proposed buffer could be lost." Motion passed 7/0.
1. COUNTY ROAD 19 CORRIDOR STUDY
.
Director Nielsen explained the purpose of the review of this item this evening was to begin to consider all
the parts of the whole as if considering a "mini-Comprehensive Plan" for the County Road 19 Corridor
area for the City. He noted more information would be presented later as the work in the area progressed,
but this would provide an overview of issues and goals for the project in its entirety.
Director Nielsen then reviewed issues pertaining to natural resources and environment; land use;
transportation; and community facilities and services. He also reviewed the goals of the project as
upgrading and improving all aspects of the segment of County Road 19 that extended through
Shorewood, between Tonka Bay and Excelsior, and enhancing the identity of Shorewood and the South
Lake community by giving the County Road 19 corridor a sense of place as the northerly entrance or
"gateway" into the community.
Next, Director Nielsen reviewed a brief outline of the plan as it related to natural resources/environment,
including Gideon Glen, the Gideon Historic Monument, Land Use, Transportation, and potential for
Community Facilities/Services.
Upon review of these elements found in the Corridor Study, the Commission discussed the options for a
trail along the easterly portion and behind the Public Safety Facility located 24140 Smithtown Road.
Director Nielsen stated the Park Commission needed to review the potential for the trail as part of the
City's trail planning process.
Commissioner Borkon stated she could understand the viewpoints shared by the City Engineer and the
South Lake Minnetonka Police Department Chief regarding concerns for safety and potential for
vandalism in these areas. As a result, she stated she would like to hear more input from these two persons
regarding the potential trail prior to any recommendation being made on the subject.
PLANNING COMMISSION MEETING MINUTES
October 21, 2003
Page 2 of2
Discussion ensued regarding the language to be utilized in the Corridor Study pertaining to Item B7 under
the Land Use portion of the Corridor Plan shared this evening.
Gagne moved, Woodruff seconded, Endorsing the Concept Outline Plan for the County Road 19
Corridor Study as presented and changing the wording found in the Concept Outline Plan Item B7
from "Consider pedestrian bicycle trail on east of site" to "Build pedestrian bicycle trail on east
side of site." Motion passed 7/0.
Commissioner Borkon stated she was not opposed to the trail concept, however, she would like to retain
the word "consider" until the views of City Engineer and the SLMPD Chief could be heard as they related
to the Concept Plan presented this evening.
2. REVIEW COMPREHENSIVE PLAN CHAPTERS
Director Nielsen stated the Commission would review this Item at the next Planning Commission Meeting.
3. MATTERS FROM THE FLOOR
.
There were no matters from the floor presented this evening.
4. DRAFT NEXT MEETING AGENDA
Director Nielsen stated the Comprehensive Plan Chapter Review, as well as a Conditional Use Permit
request, and three Minor Subdivision/Combinations were slated for the November 5, 2003, Planning
Commission Meeting Agenda. He reminded the Commission this meeting would be held on a
Wednesday, as the normal meeting day was Election Day.
5. REPORTS
· Liaison to Council
Commissioner Woodruff reported on matters considered and actions taken at the October 13, 2003 .
Regular City Council Meeting (as detailed in the minutes of that meeting).
· SLUC
No report was given.
· Other
No other business was presented this evening.
6. ADJOURNMENT
Pisula moved, Packard seconded, Adjourning the Planning Commission Meeting of October 21,
2003, at 8:52 P.M. Motion passed 7/0.
RESPECTFULLY SUBMITTED.
Sally Keefe
Recording Secretary
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
.
DATE:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public Works Jfr"
November 6, 2003
TO:
FROM:
RE: Resolution Adopting the Comprehensive Stormwater Management Plan
For the last three years, the City of Shorewood has been operating under the. draft plan of the
Comprehensive Stormwater Management Plan. Since that time, the plans were submitted to the
Minnehaha Creek Watershed District (MCWD), the Riley Purgatory Bluff Creek Watershed
Management Organization, Board of Water and Soil Resources (BWSR) for their review and approval.
Staff has responded to several comments and issues for the plan. After three years, the plan has been
approved by three agencies.
.
While the review period lasted two years beyond what anyone expected, most of the delay centered on
a requirement from the MCWD to complete a "Function and Values Assessment" for all designated
wetlands within each city. After several months of discussion, MCWD decided that their organization
would perform the necessary study and have each municipality incorporate the study into their
respective stormwater management plans.
An excerpt of the Function and Values Study is attached to this report. Basically, this study assists
cities in evaluating what is the highest and best use for each wetland. If a wetland is of low quality, it
may be best to allow the wetland to be utilized as a stormwater facility. Conversely, there may be very
high quality wetlands that are to be protected with every measure available.
Other than the Functions and Values Assessment, the plan remains as presented in the draft plan
already approved by the City Council. Having stated this, formal acceptance of the final document is
required such that it can be forwarded to the Metropolitan Council.
Recommendation
Staff is recommending approval of the resolution that adopts the final version of the Comprehensive
Stormwater Management Plan. A resolution is attached for your consideration.
n
'.J PRINTED ON RECYCLED PAPER
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CITY OF SHOREWOOD
RESOLUTION NO. 03-_
A RESOLUTION ADOPTING THE COMPREHENSIVE
WATER RESOURCE MANAGEMENT PLAN
WHEREAS, Minnesota State Statue 103B.235 declares that local government units
having land use planning and regulatory responsibility for territory within the watershed shall
prepare or cause to be prepared a local water management plan, capital improvement program,
and official controls as necessary to bring local water management into conformance with the
watershed plan; and
WHEREAS, WSB and Associates has prepared a Comprehensive Water Resource
Management Plan, Dated April 16th , 2003; and
WHEREAS, said plan has been reviewed and approved by the Minnehaha Creek and the
Riley Purgatory Bluff Creek Watershed Districts; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The Comprehensive Water Resource Management Plan, Dated April 16th , 2003
is hereby adopted and to be utilized for all development within the City of
Shorewood.
2. Said Comprehensive plan shall be forwarded to the Metropolitan Council for
reference to the City of Shorewood Comprehensive Plan.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of
November, 2003.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK