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081103 CC Reg AgP t CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 11, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Garfunkel_ Lizee Zerby _ Turgeon _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, July 28, 2003 (Att.- Minutes) B. City Council Work Session, July 28, 2003 (Att.-Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Authorization to Enter into the 2003 Municipal Recycling Grant Agreement with Hennepin County (Att.- Deputy Clerk's memorandum; Resolution) C. Establish October 25,2003 as Fall Clean-up pay (Att.- Public Works Director's memorandum) D. Accepting Final Improvements for Trunk Highways 7 and 41 Reconstruction Project (Att.-Public Works Director's memorandum) E. Authorizing Submittal of the 2003-2004 Winter Trail Activities Permit (Att.- Winter Use Permit) F. Authorization of Step Adjustment for Director of Finance (Att. - Administrator's memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) CITY COUNCIL AGENDA - AUGUST 11,2003 PAGE20F2 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS 8. PLANNING - Report by Representative 9. GENERALINEW BUSINESS A. Selection of Firm for Space Needs Study (Au. - Administrator's memorandum) B. Authorize Advertisement of Bids for Liquor Store II Remodel (Au. - Finance Director's memorandum, Resolution) C. Authorize Purchase of Shelving for Liquor Store No.2 - Shorewood Village Center (Au. - Administrator's memorandum) D. Schedule date for joint meeting with Park and Planning Commissions (Au.- Administrator's memorandum) 10. ENGINEERINGIPUBLIC WORKS 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection 2. Public Safety Facilities 3. Smithtown Road B. Mayor & City Council 12. ADJOURN CITY OF SHOREWOOD CITY COUNCIL MEETING August 11,2003 PUBLIC SIGN-IN SHEET For the record, please urint your name and address below. Thank you. Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. City of Shorewood Potential Budget Cuts Budget 2004 Description Reduce employee salary COLA increases from 2% to 1.5% 2 Reduce Council Contingency from $40,000 to $30,000 3 Eliminate Skating Rink Attendents 4 Eliminate Community Contributions(Fireworks, Holiday Lights) 5 Reduce or Eliminate Appreciation Activities 6 Reduce or Eliminate donations to the Sr. Rec Program 7 Discontinue MCES lifeguard services at Crescent Beach 8 Bi-Monthly newsletter instead of monthly 9 Postpone Studies (Community Survey) Total: Estimated Savings $ 8,000 10,000 13,000 3,000 5,000 6,000 7,000 12,000 10,000 $ 74,000 - -- -- -."'" _.- _. .- -- -- - 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, 11 August, 2003 A Council Work Session will immediately follow the Regular City Council meeting. e Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: At is February 10,2003 meeting, Council authorized staff to apply for a Municipal Recycling Grant from Hennepin County. Staff submitted the grant application, and has now received the Grant Agreement. This motion adopts a resolution authorizing the Mayor and City Administrator to enter into the 2003 Municipal Recycling Grant Agreement with Hennepin County. Upon execution of the agreement, the City will receive its recycling grant in the amount not to exceed $21,460. Agenda Item #3C: This item establishes Saturday, October 25, 2003, as Fall Clean-Up Day. As in past years, this is also the date for the annual Tonka Rake-a-Thon. ,e Agenda Item #3D: The fmal paperwork, lien waivers and accounting for the State Highway 7 & 41 Reconstruction Project has been received and processed. This project was performed as a cooperative agreement project with the Minnesota Department of Transportation. As all items are in order, staff recommended approval of a resolution accepting the final improvements. Agenda Item #3E: Three Rivers Park District allows the City to use the Southwest LRT trail in winter months subject to a Winter Trail Activities Permit. Staffhas prepared the permit application; the activities listed on the 2003-2004 permit are unchanged from last winter. Agenda Item #3F: The City Administrator proposes a one-step adjustment for the Director of Finance. Consistent performance and recent achievements indicate that an adjustment for experience is warranted. The adjustment would not affect the City's pay-equity compliance. Agenda Item #9A: Staff interviewed four firms to perform the city hall space needs analysis. This study will examine the feasibility of making changes to city hall, of building a new city hall, or some combination thereof. Staff recommends that Council engage the #ft 'o.J PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 11 August, 2003 Page 2 of2 services of Boarman Kroos Vogel (BKV) Group per its proposal of July 28, 2003. The firm's not-to-exceed fee and estimate ofreimbursables are within the $15,000 available in the 2003 Budget. Agenda Item #9B: As the lease for new space for Liquor Store No.2 (Shorewood Village Center) has been approved, the next step is to begin construction. As the project is proposed, the value of construction work to be performed will be in excess of $50,000. Per statute, a formal bid process will need to be followed. The staff memorandum discusses how the project, which would cost more than had been originally anticipated, would be feasible fmancially. If the Council agrees with the plan, Council should adopt the Resolution authorizing the advertisement for bid for the remodeling work for Liquor Store No.2. Agenda Item #9C: An important part of furnishing the new liquor store space, regardless of the construction budget, is new wood shelving for wines and new metal shelving for . other products. Staff has obtained quotes for both types of shelving. Council should approve the purchase of shelving as recommended by staff. Agenda Item #9D: Council requested a second joint work session be held with the Park Commission and Planning Commission for sometime late summer/early fall. Staff is suggesting a number of possible dates for this meeting - September 4, October 6, October 8 or October 9. A motion setting a date for a joint work session is in order. . ; . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, JULY 28, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES {) I\f1 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7 :00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Turgeon; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Administrator Dawson requested Item 6A, "A Resolution Approving Publication of An Ordinance, and Item 9B, A Resolution Authorizing Purchase of a Beverage Cooler be added to this evening's Agenda. Turgeon moved, Lizee seconded, Approving the Agenda as Amended. Motion passed 4/0 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, July 14, 2003 Turgeon moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of July 14, 2003, as presented. Motion passed 4/0. 3. CONSENT AGENDA Lizee moved, Garfunkel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Policy Regarding City Employees Carrying Firearms Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS A. Report on LMCD activities by Tom Skramstad #- d- It '". CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 2 of 13 , This item was discussed after Item 6A in this evening's Agenda after Mr. Skramstad arrived at the meeting. Tom Skramstad, City Representative to the Lake Minnetonka Conservation District (LMCD) provided a brief report to Council regarding issues pertaining to the July 4, 2003, drowning near Big Island, the 2004 LMCD budget; Water Patrol Deputies; Solar Lights on Buoys; Compliance issues at Howard's Point Marina; Milfoil Harvesting Program; and Zebra Mussels. With regard to the recent death near Big Island, Mayor Love expressed gratitude for the quick action taken by the LMCD to meet with local Mayors to discuss the situation for that area, and also for the decision by the LMCD to provide two additional safety lanes, allocated buffer zones and establishment of a No Wake Zone around certain areas of Big Island. Councilmember Turgeon stated she was concerned for the situation near Big Island, and she believed the issue to be deeper problem in the loss of etiquette between boaters. Mayor Love stated further discussions had taken place regarding the situation with consideration being given to ideas of additional boat licensing requirements, "plainclothes" Water Patrol deputies, and support from the . Excelsior Fire District fireboat in emergencies. With regard to the funding for additional deputies by Hennepin County, Councilmember Garfunkel stated he believed the funding responsibility should clearly be borne by the County as Lake Minnetonka was part of its jurisdiction and the County Board had established mandates regarding usage of Water Patrol deputies. Mayor Love also agreed, noting area Mayors had universally supported the idea that the County needed to be responsible for funding these Water Patrol officers. Mayor Love thanked Mr. Skramstad for a job well done, and for keeping the Council informed of LMCD issues. 6. PUBLIC HEARING A. 7:00 PM - Consider Revisions to Chapter 903 of the City Code Regulating Water Use and Service Mayor Love opened the Public Hearing at 7:06 P.M., noting the procedures utilized in a Public Hearing. . Administrator Dawson explained the current ordinances pertaining to this matter were difficult to understand and implement. The purpose behind the revisions was to streamline the regulations and make the proposed ordinances easier to understand. Director Nielsen explained the revisions attempted to create equity through the community regarding water service charges. Historically, the water connections costs were based on the assumption that the City might one day have a citywide water system in place. Director Nielsen stated that was no longer an assumption as many residents throughout the City were receiving their water through the use of wells. Currently, the cost for connection to the City water system was $10,000, with the provision that the developer would have to pay the cost of the line to the property. Under the revised ordinances, the developer would pay connection cost per unit or the cost of the project, whichever was greater in amount. Also, with the new code, residents would have the option to have their connection charges assessed against the property. With the proposed changes to the ordinance, a provision regarding public notification through both the City newsletter and newspaper would be removed because it was very difficult for Staff to ensure timely notification through the newsletter. .. CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 3 of 13 There were no residents present wishing to comment on this matter. Mayor Love closed the Public Testimony portion of the Public Hearing at 7:15 P.M. Councilmember Garfunkel stated he thought the public notification should remain within the ordinance as it allowed residents an opportunity to speak on the matter. Also, he stated he liked the intent behind holding a Public Hearing on this issue, but as a practical matter requested information be posted on the City's website, instead of the newsletter, as part of the process utilized for review of the City Code on this issue. Mayor Love agreed, noting he, too, would like to see the Public Hearing process kept as part of the ordinance. He also congratulated Staff on its recommendations to enhance the City Code. Director Nielsen clarified the petition process residents could work through to bring municipal water to a certain area of the City if requested. He noted this policy change, while already a part of the Comprehensive Plan, would now be included in the City Code as well. He also emphasized residents did not have to connect tot City water, but this ordinance would provide them a vehicle as well as some monetary credit for doing so if the interest was expressed by residents. . Lizee moved, Turgeon seconded, Adopting ORDINANCE NO. 395, "An Ordinance Amending Chapter 903 of the Shorewood City Code Regulating Water Use and Service, including the Amendment for Publication to Include Notification through the City's Official Newspaper and on the City's Website" and Adopting RESOLUTION NO. 03-059, "A Resolution Approving Publication of Ordinance No. 395 by Title and Summary." Motion passed 4/0. B. 7:15 PM - Consider a Request to Vacate a Portion of Undeveloped Tax-Forfeited City Property in Exchange for Property for Right-of-Way Purposes for Enchanted Point Mayor Love opened the Public Hearing at 7:45 P.M. . Director Nielsen explained Mr. William Zucco, representing his father in this matter had requested the City convey a pomon of property on enchanted Island m exchange tor addloonal publ1c nght-of-way for Enchanted Point. Mr. Zucco proposed obtaining only that portion of the city property that was not needed for the road and a reasonable width of right-of-way. He proposed to convey to the City an equal area of land to be used for right-of-way for Enchanted Point. Director Nielsen noted Enchanted Point was currently very substandard in terms of right-of-way width. While the proposed land trade did not resolve the substandard with of Enchanted Point it did provide additional width where the traveled surface of the road encroached on the Zucco Land. The City would obtain additional right way in the event the property was ever replatted. Mr. Zucco was present and agreed to answer any questions Council may have had of him. No other residents were present wishing to speak on this matter. Mayor Love closed the Public Testimony portion of the Public Hearing at 7:49 P.M. Lizee moved, Garfunkel seconded, To Vacate a Portion of Undeveloped Tax-forfeited City Property in Exchange for Property for Right-of-Way Purposes for Enchanted Point. Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 4 of 13 7. PARKS A. Report on Park Commission Meeting Held July 8, 2003 Engineer Brown reported on the Park Commission Meeting of July 8, 2003, (as detailed in the minutes of that meeting). He also thanked Bob Gagne for driving the bus on the tour of the parks in Shorewood and neighboring municipalities. Mayor Love exited Council Chambers at 7:50 P.M., leaving Acting Mayor Garfunkel to preside at the meeting. Councilmember Lizee stated she thought it impressive to see what activities were taking place in other communities and she appreciated the spirit of the Park Commission in working with other communities in this way. 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the July 15, 2003, Planning Commission Meting (as detailed in the minutes of that meeting). . Mayor Love resumed presiding of the meeting at 7:53 P.M. A. Setback Variance and Variance to Expand a Nonconforming Structure Applicant: John O'Donnell Location: 27100 Edgewood Road Mayor Love stated additional testimonies would be heard from residents on the next two items; however, he requested new information be shared using brevity. Director Nielsen explained the applicant had requested variances to expand the nonconforming structure at 27100 Edgewood Road. The applIcant proposed ralSlng the eXIstmg house approXImately / feet m heIght. fie also explained the current house was less than one foot from the west lot line and approximately three feet from the east property line, and a third level would be added to the house. The applicant also proposed to demolish the existing detached garage and build an attached garage on the south end of the house. A second story would be built over the new garage. Aside from the setback issues associated with this request, the property had impervious surface amounting to 33 percent of the lot area, eight percent over the maximum allowed. Director Nielsen also noted the property was granted two variances in 1986 to expand the house to its current size and to build the existing garage. These variances were allowed as the City had relaxed provisions allowing nonconforming single-family dwellings to be enlarged, or extended, provided the new construction complied with zoning requirements. The Planning Commission voted unanimously to recommend denial of the current variance requests. . Director Nielsen noted the presence of John O'Donnell, applicant for the case. Mr. O'Donnell introduced John Walter, attorney for the applicant, to Council. Mr. Walter stated the property had been considered to be non-conforming in 1986, and comments noted at the time of previous variances indicated the City had noted the narrowness of the lot as a hardship. To that end, Mr. Walter stated he believed all criteria regarding Section 1201.05 of the Zoning Code had been satisfied in this request. He stated he realized the Council was not inclined to grant the variances this evening, so he wanted the Council to be aware of how a court might apply the laws to this case, as he believed this knowledge would have the Council approve the request presented this evening. Mr. Walter then went on to share various citations from a court case that designated a three-part test for establishing hardship in granting variances. CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 5 of 13 Mr. Walter also stated he believed the issue of reasonable use in this case was contentious. He stated the proposed addition would comply with the City's height requirements; the request was not going to increase the structures-to-lot ratio as it was at 22%; sightlines would not be impaired for adjacent properties; the proposed request altered the site of the garage to move further away from the adjoining property on the west; and the side deck removed to make a walkway of stepping stones along the side of the house. Further, he stated the adjoining property owner could put up further barriers on the property should they be needed. Mr. Walter stated it was clear the applicant met the criteria of the ordinance, and this was a reasonable request that should be settled through practical application. He stated this case was a common request, and contended it was not a detriment to the area. Since the building footprint was not being increased, he stated the request should be approved. . George Lovrien, son and representative of adjacent neighbor Phyllis Lovrien, stated the biggest objection his mother had regarding this request was that the proposed house was too big for a lot that was too small in size. A bigger house would create a larger presence on the lot, and would also create a need to trespass on her property. He stated he was also concerned for basic fairness in this application as it seemed predicated on the use of other's property as a practical matter. He stated trees were hanging over the property line currently, and using common sense did not think a Court could possibly rule in favor of the applicant. He thought granting the variance was a poor idea and a poor precedent to set in this case. Mr. O'Donnell addressed Council, noting he agreed to increase the house only five feet overall. Trees could be removed also to address the concerns of trespass; however, he had planted them in an attempt to reforest the property after storm damage in 1998. Planning Commissioner Gagne reported the Planning Commission had noted the Council and Planning Commission had granted variances to make the house more useable in 1986, and the current Commission did not believe hardship had been demonstrated in this case. Councilmember Garfunkel asked Attorney Keane to comment on the testimony heard this evening. Attorney Keane stated he was familiar with the request, and noted the Commission's findings in this case were defensible, as the property could be put to reasonable use currently as allowed by the variances granted in the 1980's. . Mayor Love questioned the discrepancy in hardcover calculations submitted for review by Council. Mr. O'Donnell stated the final hardcover calculations demonstrated 33% for the proposal. Mr. O'Donnell also stated he had requested information from City Staff regarding how the ratio of structures to lot area was calculated. Director Nielsen stated the structures-to-lot area measurement was based on the floor area of structures as outlined in City ordinance. Mr. O'Donnell asserted the City Building Inspector had incorrectly told him this measurement was based on the footprint of the structure. Councilmember Turgeon stated she did not think hardship had been proven in this case. The current homeowner was not being deprived of rights of any other property owner within the Zoning district. She agreed the lot was small; however, the property was being put to reasonable use currently and did not believe a hardship existed. She supported the recommendations of the Planning Commission in this case. Councilmember Garfunkel stated the house was nice in spite of the assertion that it did not meet the needs of today. He also stated he did not want to see a structure built that would provide an entrance two feet from a property line. Mayor Love stated he supported the Planning Commission also; however, he was concerned for cumulative hardcover areas throughout the lake area. CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 6 of 13 .. Mr. O'Donnell stated other homes in the area that had surface-to-Iot ratios of 29% that had been allowed by the City. Additionally, he stated hardship specific to this property had been shown in this case, and he asked the Council to reconsider. Mr. Walter stated court cases demonstrated expansion was appropriate in cases similar to this one, and variance criteria simply required that reasonable use needed to be demonstrated and the applicant had demonstrated this. Turgeon moved, Lizee seconded, to Adopt RESOLUTION NO. 03-060, "A Resolution Denying a Setback Variance and a Variance to Expand a Non-Conforming Structure for John O'Donnell, 27100 Edgewood Road," which included Findings of Fact. Motion passed 4/0. B. Shorewood Yacht Amendment Applicant: Location: Club Zoning Text Amendment and Conditional Use Permit John and Judy Cross 600 West Lake Street Director Nielsen explained the applicants were requesting amendments to the Zoning Code and to a Conditional Use Permit that would eliminate the restrictions on powerboats docked at the Shorewood Yacht Club (SYC). He also explained the Planning Commission had unanimously recommended denial of the requests in this case. . Mayor Love stated he would allow additional testimony relating to this case, but strongly encouraged brevity in the commentary. Judy Cross, applicant, stated she was aware of the concern expressed by the Planning Commission regarding phosphates and pollution being released into the lake water as a result of sediment from a treatment plant historically located near the area of the SYC. She believed she had compelling evidence as a result of testing that would provide results to the contrary. She introduced Mr. Bob Keiser, Vice President of American Engineering Testing, Inc., located in St. Paul, Minnesota. Mr. Keiser stated he had conducted testing of the sediment from the dock area of the Yacht Club for. . Mr. Keiser stated he had taken samples off the lake bottom at the end of each of the four piers located at the subject property and had sampled in two different places on the fourth pier located on the westernmost side of the property. He then reviewed the testing procedure and eleven different metal elements, phosphorus, and PCB's that could be identified as part of this testing. He stated there was not a great deal of lake sediment data available, but he had compared the findings to a Minnesota Pollution Control Agency (MPCA) report from March, 1996. . According to his research, his findings indicated the metals found were consistent with those identified in the MPCA study. The single aspect found to be significantly different included the total phosphorus findings detailed in the MPCA report as being 1000 milligrams per kilogram and the Shorewood Yacht Club findings were listed as 100 milligrams per kilogram, thus there was little concern necessary for phosphates in the sediment in the water near the Shorewood Yacht Club. He also commented total sediment did not demonstrate any correlation with poor quality. He also summarized data from 2001 which noted that phosphates would most likely be discharged into water as it passed through treatment plants unless tertiary treatment had taken place. He stated it was thus considered likely that no phosphorus had been distributed near the Shorewood Yacht Club, but more realistically distributed throughout the lake area near the plant. CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 7 of 13 Mrs. Cross stated she hoped this information would relieve any concerns remaining in this case regarding powerboats stirring up the sediment. She then introduced Burt Foster, Chairman of the Lake Minnetonka Conservation District (LMCD) residing at 19150 Park Avenue, Deephaven, Minnesota. Mr. Foster stated he was present this evening "wearing two hats" in speaking to Council. As Chairman of the LMCD, he stated the LMCD had wrestled with distinguishing between different kinds of boats as part of the permitting process for the LMCD. However, the LMCD decided not to make any distinction between powerboats and sailboats in its permitting process. Personally, Mr. Foster commented, he had been involved with the Wayzata Yacht Club issues regarding allowing powerboats to occupy slips at that marina. He noted they had been allowed to operate powerboats from that marina in recent years. Regarding the pollution issues in this case, he stated he could understand concern for powerboats in tributary waters, however, in a lake situation the phosphorus would be distributed throughout the lake as the phosphorus would be entering the lake from the shoreline primarily, rather than the flowage patterns of a tributary situation. He also noted the LMCD allowed for Slow/No Wake posting in quiet waters, and indicated he could support this posting if it would be helpful to the Council in this case. . Mrs. Cross stated she did not believe the residents of Shorewood were being served with the restriction on powerboats in the marina. She stated she was concerned that the conditions specified in the C.U.P. for the property could never be changed. Furthermore, she stated she believed it was discriminatory toward the owners of the SYC to prohibit the use of powerboats. She questioned the fairness of the situation at hand and asked that representatives of the Council, Staff, LMCD, and/or attorneys discuss this issue to find a suitable resolution to the request. She thanked Council for the time and opportunity to speak on this matter. Peter Watson, 5495 Timber Lane, stated he had appeared in support in the past, but was opposed to the change in this case. He stated the SYC had run an exemplary operation with quiet halyards, and had been good neighbors, but disagreed with the use of powerboats in the newer slips in the marina. He further stated it was unfortunate that the recent expansion by the SYC was too ambitious for the current market, but that did not mean the entire marina needed to be changed to accommodate powerboats. . Mike Kramer, 5425 Timber Lane, stated he had attended a boat show in January of this year, and had noticed the SYC had attempted to sell slips to power boaters at that show. He agreed with Mr. Watson's comments regarding the SYC being a good neighbor, and he also liked the aesthetic quality the sailboats brought to the local environment. He stated operation of powerboats would be more intensive to the area than sailboats. Additionally, he shared concerns for boat safety on the lake, and was not aware that powerboat operators were being discriminated against in this case. Furthermore, he thought the Frog Island channel should be designated as Quiet Waters as well. Given the overall situation, he was also quite concerned about the need for additional Patrol Staff for the Water Patrol. James Hancock, 23800 LaTonka Drive and representative of the Gideon's Cove Homeowner's Association, stated he did not object to the efforts of the applicants to use available slips, as several people were unable to dock at their own property, and had rented slips at the SYC. He stated, with regard to the sediment concerns, he thought it was important for people to be aware a number of residents' homes were built atop that same sediment as it had been dredged in the area of the SYC. He further stated he would like to see equality between property owners on the lake regarding enjoying slip privileges of others. He did not agree with the LMCD's lack of distinction between permitting procedures of boats on the lake. Mrs. Cross stated the SYC was also concerned for the need for Quiet Water designations near Frog Island. She stated open slips could be utilized by Shorewood residents without current dockage accessibility should the requests submitted this evening be approved. With regard to the boat show sales of slips, she noted she had believed she was within her rights at that time, money had been refunded in that case, and other dockage found for those slips. She stated she was also concern for the need for additional funding for Water Patrol CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 8 of 13 . officers. She thought the SYC had been good neighbors and had taken pride in the marina facilities. She stated she was not asking for powerboats in the entire marina with this request. Councilmember Turgeon explained that with the request before Council this evening that was precisely what was being requested. She then explained the options that applicant had with regard to moving forward with the application. Mrs. Cross stated the request was simply asking that the word "sailboats" be changed to "boats." Councilmember Turgeon explained that by requesting that change to take place, the application was requesting the opportunity for the SYC to occupy all slips with powerboats. Mrs. Cross stated she did not understand this request, her attorney was not present, and no written request had been submitted or discussed with her with this understanding. Councilmember Garfunkel questioned the intent of the application presented this evening. Director Nielsen explained the applicant had the opportunity to withdraw the application presented this evening, and return with an application that specified clear intent of the request of the applicant, or the applicant could allow the current application to move forward through the consideration process, and should it result in a denial, the applicant would need to wait 6 months to resubmit the request, unless the applicant received approval of the Council to reconsider the application prior that 6 months timeframe through a four-fifths vote of Councilmembers. . Mr. Cross then questioned whether an extension could be granted to that time limit, and then representatives appointed to discuss this matter. Discussion then ensued between the Council and the City Attorney regarding options for proceeding with this matter. Attorney Keane stated the Council did not need to accept a request to extend the waiver in this case. Mayor Love sated he did not believe the Council had the ability to waiver in this case as the Council could not subvert the process, as the matter would need to be reviewed by the Planning Commission and Council as a matter of process. He explained the application could move forward as submitted or could be withdrawn, and a recess would be granted for the applicant to make a determination of how to proceed in this matter. Mayor Love recessed the meeting at 9:20 P.M. and reconvened the meeting at 9:28 P.M. Mrs. Cross questioned whether the City would be interested in allowing powerboats in fifty percent of the marina. . The City Attorney reiterated the options available for Council consideration in this case. Councilmember Turgeon questioned the applicants as to whether they wished to proceed with the process for the current application submitted. Mrs. Cross nodded affirmatively. Councilmember Garfunkel suggested that the reference to the agreement from three years ago be deleted. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-061, "A Resolution Denying Shorewood Yacht Club Requests for Amendments to the L-R Zoning District Provisions and Terms of Conditional Use Permit." Motion passed 4/0. Lizee moved, Turgeon seconded, Denying Approval of the Shorewood Yacht Club Amended Application. Motion passed 4/0. Garfunkel moved, Turgeon seconded, Approving a Motion to Amend the Motion on the table by Amending the Proposed Draft Resolution as follows under Item B of the Conclusion section: CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 9 of 13 The City Council hereby denies the Applicant's requests for an amendment to its conditional use permit be denied, since it is inconsistent with the Comprehensive Plan and the existing zoning of the Subject Property. Motion passed 4/0. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-061 as amended. Motion passed 4/0. Mayor Love departed the meeting at 9:47 P.M. leaving Acting Mayor Garfunkel to preside over the meeting. C. Zoning Ordinance Amendment - Fence Height . Director Nielsen explained revisions were necessary to Section 1201.03 of the City Zoning Code that governed fencing regulations. He stated clarification was needed with regard to Subd.2.f. to allow fence caps and posts to extend beyond the previously designated maximum height of fencing since many manufacturers and installations resulted in posts that extended over the top of the fence. Staff recommended the following amendment for consideration. "(12) Fence Height: The height offences prescribed herein shall be considered to be the maximum height allowed. Fence posts may extend above the specified height b no more than eight inches (8"). " Director Nielsen also explained Section 1201.03, Subd.2.f.(7) had, as its primary intent, the safety of small children and occasional stray pets from falling into unattended swimming pools. He noted clarification was needed regarding the need for a self-closing gate and screening. Setback issues regarding aboveground swimming pools also were in need of clarification due to concerns for the ultimate height of the structure. Subd.3c.(6) could be modified as followed: "(6) The minimum rear year setbackfor swimming pools shall be sixty percent (60%) of that which is required for the zoning district in which the pool is located. No part of any such pool. includinJ! J!uardrails. shall exceed six feet (6') above J!rade in heiJ!ht. DeckinJ!. patios. and pools aprons shall not encroach into the reQuired rear yard setback area. Rear yard setbacks for lakeshore lots shall be as provided in Section 1201.26 of this Ordinance." . Councilmembers Garfunkel and Turgeon requested brief clarification to the proposed modifications to ordinance. Turgeon moved, Lizee seconded, Adopting ORDINANCE NO. 396. "An Ordinance Amending Title 1200 of the Shorewood Zoning Code Regarding Fence Requirements." Motion passed 3/0. Mayor Love resumed presiding the meeting at 9:57 P.M. D. Minor Subdivision and Combination Applicant: David LaRose and Jim Mahoney Location: 5965 and 5985 Chaska Road Director Nielsen explained Mr. David LaRose owned the property at 5985 Chaska Road. Several months ago Mr. LaRose applied for a setback variance to build an addition to his home that was only five feet from his side lot line. The Planning Commission and Council denied the variance. Since then, Mr. LaRose had worked with his neighbor to purchase five feet of the neighbor's property, thus negating the need for a variance. He noted the Planning Commission had recommended unanimously to approve this matter, and Director Nielsen commended the applicants for working together in this matter for successful resolution of the situation. CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 10 of 13 Mr. LaRose was present and stated he would be happy to answer any questions Council may have had of him. Lizee moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-062. "A Resolution Approving a Subdivision and Combination of Real Property for David LaRose and Jim Mahoney, 5965 and 5985 Chaska Road." Motion passed 4/0. E. Minor Subdivision Applicant: Location: Mark Kawell (representing Richard Bowman) 20025 Manor Road Director Nielsen stated the applicant had proposed to subdivide the property located 20025 Manor Road. He then explained the resulting subdivision of property would result in one lot containing 141,251 square feet of area, and one lot with 45,542 square feet. Both lots would comply with the setbacks of the R-IA Zoning District, and despite the existing topography, the new lot would have a natural shelf, of sorts, on which a new house could be situated. Director Nielsen then noted previous impacts to this case regarding lot configuration and the development agreement. . Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-063, "A Resolution Approving a Minor Subdivision of Real Property for Richard Bowman, subject to Staff Recommendations." Councilmember Lizee commended the Planning Commission on its thorough discussion of issues of concern for this case at a recent meeting of the Planning Commission. Motion passed 4/0. F. Our Savior's Lutheran Church Request for Extension of Time for Compliance Director Nielsen explained City Staff had been working for many months with Our Savior's Lutheran Church to resolve zoning issues with respect to lighting and noise. While some progress had been made in reducing lighting levels, both noise and light remain problems for the site. He went on to explain the process had been delayed by the inability of the Minnesota Pollution Control Agency to assist cities in monitoring noise complaints due to recent budgetary cuts. Staff was able to borrow the necessary equipment to verify that noise levels were in fact higher than what was allowed for nighttime. A letter was then sent t the Church, setting forth a deadline for bringing both noise and light levels into compliance. Director Nielsen stated he had met with Mr. Brian Kuhnly, representing the Church, earlier in the day to try to remedy the current situation of noncompliance. Mr. Kuhnly stated he had spoken with an electrical contractor and HV AC contractor to provide resolution of the situation and to bring items into compliance. . Mayor Love stated he had received a number of emails and correspondence regarding this matter requesting a timely resolution. Brian Kuhnly, 24300 Ridge Court Circle, representing Our Savior's Lutheran Church, stated an electrical contractor would be present at the site the next day to correct the lighing concerns. He also stated a HV AC contractor would be present at the Church prior to the end of the week to bring the noise from two chiller units into compliance. Mayor Love stated he appreciated Mr. Kuhnly's candor and determination to correct the situation. He noted this problem had been present for a year, and he appreciated the statements of immediate relief. CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 11 of 13 Director Nielsen questioned Mr. Kuhnly about the necessity of the lighting on the building. Mr. Kuhnly stated the lights could easily be changed to shut off earlier; however, had been left on in the past to combat vandalism. Roger Stein, 5999 Glencoe Road, stated he had been more than patient with the Church in resolving this matter, and he requested the extension be denied. He explained he had not been able to utilize his property for the past two years due to the noise emanating from the site. He stated he appreciated the cooperation of the Church in conducting its business and school, however, current noise and light levels were impacting his quality of life and he did believe they should be. Merle McKenzie, 5975 Glencoe Road, stated there were many areas of concern; however, these two items happened to fall under City ordinance. She stated she had talked with representatives of the Church previously that stated money was an issue of concern and no remedies could be found. She stated the noncompliance issues in this matter were impacting the enjoyment of the neighborhood. Pamela Honzl, 6065 Glencoe Road, stated that many minimal attempts at conformity had not taken place as of . this time, and she requested the City legally ask the Church to conform to ordinance guidelines. Attorney Keane, in response to Mayor Love's question, explained the options for compliance in this case. A brief discussion then ensued regarding air conditioning units and light levels with regard to temporary solutions and possible timelines for compliance. Garfunkel moved, Turgeon seconded, Full Compliance be expected of Our Savior's Lutheran Church for Noise and Light Concerns beginning July 29, 2003. Motion passed 4/0. Mayor Love exited Council Chambers at 10:35 P.M., leaving Acting Mayor Garfunkel presiding the meeting. F. Limited Certificate of Occupancy - Bayside Bank Director Nielsen stated the Bayside Bank had requested a limited Certificate of Occupancy for the bank only to be able to move into the CUB/Shorewood Village Shopping Center prior to completion of the landscaping. . Mayor Love resumed presiding the meeting at 10:36 P.M. Councilmember Turgeon stated she was hesitant to grant this request as CUB had not fulfilled its development agreement. Mayor Love stated he appreciated Councilmember Turgeon's concern; however, the bank was a separate business and having to move twice seemed a bit difficult. He also thought the bank could give assurance that a limited Certificate of Occupancy would be followed. Turgeon moved, Garfunkel seconded, Approving a Motion to Allow a Limited Certificate of Occupancy be granted to Bayside Bank. Motion passed 4/0. G. Second Amendment to Shorewood Village Shopping Center Development Agreement H. Development Agreement for Kelly Bosworth Director Nielsen stated Items 8G and H were very similar in regard and could be discussed at the same time. He went on to explain the agreements pertained to bringing municipal water to the Shore wood Village Shopping Center and to a property owned by Kelly Bosworth. CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 12 of 13 Lizee moved, Turgeon seconded, Approving Amendments to the Shorewood Village Shopping Center Development Agreement. Motion passed 4/0. Turgeon moved, Lizee seconded, Approving a Development Agreement for Kelly Bosworth. Motion passed 4/0. 9. GENERALINEW BUSINESS A. Approval of Lease for Shorewood Village Shopping Center Liquor Store Administrator Dawson explained that the lease for the Shorewood Village Shopping Center Liquor Store had been in negotiations for several months. The Liquor Committee had been meeting regularly to discuss the progress of the lease negotiations. Provisions of the lease were being reconsidered as part of the negotiations, and the Committee recommended approval of the amendment. Garfunkel moved, Lizee seconded, Approving Lease Amendment #3 between the Shorewood Village Shopping Center and the City of Shorewood, and Authorizing the Mayor and City Administrator to . Enter into Lease Agreement, subject to the Review and Approval of the City Attorney. Motion passed 4/0. B. Authorization to Purchase a Beverage Cooler Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-064. "A Resolution Authorizing Advertisement for Bids of a Beverage Cooler for the Shorewood Village Liquor Store." Motion passed 4/0. 10. ENGINEERING/PUBLIC WORKS A. Authorization for Expenditure of Funds for used Paver Engineer Brown explained a Paver was needed to minimize costs and provide aid in the construction of the walkway designated by the Park Commission that would encircle Freeman Park. Since the City of Excelsior was in need of a Paver as well, the two cities were recommending the cost of the purchase be split between them for the Paver to construct trail segments, and perform the work with the City crews. The total cost of the used Paver was $7,500 without sales tax. Each city would then pay $3,750, plus sales tax. . Turgeon moved, Garfunkel seconded, Authorizing Expenditure of Funds for a Used Paver. Motion passed 4/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated the City of Tonka Bay had not accepted the most recent offer made by Hennepin County for the Tonka Bay Liquor Store. Final designs were being discussed and more information would be available at a later date. . . CITY COUNCIL REGULAR MEETING MINUTES JULY 28, 2003 Page 13 of 13 2. Public Safety Facilities Administrator Dawson reported the West Side Facility was progressing appropriately, and the East Side Facility project expected occupancy within the first quarter of 2004. 3. Smithtown Road Engineer Brown reported the fIrst phase of the project that included the section from the City of Victoria Municipal border to Cathcart Road had begun. He explained the facilitation of traffic in that area proved challenging. Additionally, concerns had been expressed by the principal of Minnewashta Elementary regarding the construction schedule and the opening of the school year. Engineer Brown explained revisions to the construction schedule had taken place that would allow Phase 2 to begin early to alleviate any problems with school buses in the area. Councilmembers Lizee and Turgeon agreed notifIcation should be provide to residents about the change to alleviate any concerns regarding deviation of contract plans. Engineer Brown noted the early start to Phase 2 would save approximately one week's construction time for all residents. 4. Water Report Engineer Brown stated the recently published Shorewood Water Report had indicated some level of concern in the amount of lead and copper found in the City's drinking water. Staff expressed concern for faulty testing data. After retesting the water, the levels of lead and copper were found to meet all state requirements and the water was not high in any other contaminants. B. Mayor & City Council Mayor Love reported he had met with the other Lake Minnetonka Mayors to request funding of Water patrol Deputies continue to be supplied by Hennepin County. He appeared before the County Board on July 22, 2003, to request this funding continue. 12. ADJOURN Lizee moved, Turgeon seconded, Adjourning the Regular City Council Meeting of July 28, 2003, at 11:07 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED. Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, JULY 28, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS Immediately Following EDA meeting MINUTES 1. CONVENE WORK SESSION MEETING A. Roll Call DRAFT Mayor Love called the meeting to order at 11 :22 P.M. Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and; Administrator Dawson; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: COUllcilmember Zerby and Attorney Keane B. Review Agenda . Without objection from the COlUlcil, Mayor Love proceeded with the Agenda for this evening. 2. CAPITAL IMPROVEMENT PROGRAM 2004-2008 Administrator Dawson explained the Council had reviewed the first rough draft of the 2004-2008 Capital Improvement Program (CIP) during a Work Session on June 23, 2003. At the request of Council, Staff had revised the CIP to include items related to the Municipal Water System, Municipal State Aid Roadway System, Storm Water Management, Public Facilities and Office Equipment, Parks, and Land and Open Space Acquisition. He also noted the CIF did not automatically commit the Council to implement any of the projects listed in it; rather it was to be used as a planning document to focus resources for ftnancial planning. Individual projects were to be approved in the alUlUal budget process and later authorized for purchase or award of contract as appropriate. . Mayor Love thanked Staff for its efforts in bringing forth such a comprehensive CIP and stated he appreciated the work completed. Councilmember Turgeon also thanked Staff for its efforts and requested clariftcation in the CIF to designate where "negative borrowing" occurred within the MSA segment of the CIF. Engineer Brown also stated he would be revising the certain costs for the County Road 19 intersection project and would identify appropriate funding sources within the CIF. 3. ADJOURN Lizee moved, Garfunkel seconded, Adjourning the Work Session Meeting of July 28, 2003, at 11:28 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator . '7 #~jj ~i ~ PAYABLES APPROVALS For 8/11/03 Council Meeting · Prepared by: (l~ {",-, vZ {tJk Date: t- 7-03 Catherine Elke, Sr. Accountant Reviewed by: ~~ Date: E!l~7 ~3 Bonnie Burton, Finan e Director Approved by: Date: {)~.171()3 Crai a son, City Administrator . #34 (. Check Approval List for 08/11/03 Sorted by Department ~ Check # Vendor Name Description Check Date Invoice # Amount 35659 US POSTMASTER AUG NEWSLETTER PSTG 7/25/2003 $555.78 35661 EXCELSIOR-CITY OF MCFOA MTG 7/23/03 7/30/2003 $30.00 35663 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 7 7/30/2003 302131-07 $1,088.76 35665 MINN NCPERS GROUP L AUG ELECT LIFE PREM 7/30/2003 $12.00 35666 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 7/30/2003 $232.02 35667 NIELSEN, BRADLEY SEC 125 REIMBURSEME 7/30/2003 $375.09 35668 PAZANDAK, JOSEPH MILEAGE 7/14 -7/25/03 7/30/2003 $102.24 35669 PERA PAYROLL DEDUCTIONS 7 7/30/2003 762400-07 $2,255.35 35669 PERA PAYROLL DEDUCTIONS 7 7/30/2003 762400-07 $2,445.51 35670 PRUDENTIAL INS CO OF AUG LIFE INS PREM 7/30/2003 $81.65 35670 PRUDENTIAL INS CO OF AUG LIFE INS PREM 7/30/2003 $37.05 35672 SUN PATRIOT NEWSPA ENCHANTED PT ROW 7/30/2003 715 $55.00 35672 SUN PATRIOT NEWSPA AMEND TO ZONING COD 7/30/2003 717 $31.84 35672 SUN PATRIOT NEWSPA HICKEY CUP 7/30/2003 718 $33.83 35672 SUN PATRIOT NEWSPA JOHNSON SETBACK V AR 7/30/2003 719 $31.84 35674 UNUM LIFE INSURANCE AUG L TO PREM 7/30/2003 071503 $255.67 . 35675 ANCHOR PAPER COMPA 8/7/2003 14686840 $367.78 35678 CHAMPION AUTO STOR AL TERNA TOR 8/7/2003 D-206794 $118.20 35679 COVERALL OF THE TWI AUG CLEANING SVC 8/7/2003 77906 $335.48 35680 DJ'S MUNICIPAL SUPPL STUBBY BULBS 8/7/2003 14894 $16.00 35682 EXCELSIOR ACE HARD DISTILLED WATER 8/7/2003 573239 $8.24 35682 EXCELSIOR ACE HARD PARKS - CHAIN 8/7/2003 574079 $36.00 35682 EXCELSIOR ACE HARD MISC SHOP SUPPLIES 8/7/2003 575241 $1.86 35682 EXCELSIOR ACE HARD RECYCLING BAGS-CITY 8/7/2003 577441 $53.25 35682 EXCELSIOR ACE HARD CHAIN-BEACH BUOYS 8/7/2003 577532 $6.34 35684 KEEFE, SALLY JULY CONTRACT SVCS 8n /2003 $405.00 35684 KEEFE, SALLY JULY CONTRACT SVCS 8/7/2003 $300.00 35686 MN SUN PUBLICATIONS VACATE TAX FORFEITED 8n /2003 618956 $46.47 35686 MN SUN PUBLICATIONS CUP - HICKEY 8/7/2003 619208 $50.05 35686 MN SUN PUBLICATIONS JOHNSON SETBACK V AR 8n /2003 619209 $46.48 35686 MN SUN PUBLICATIONS TEXT AMEND-CUP 8n /2003 619211 $46.48 35688 NGUYEN, MICHELLE JULY MILEAGE 8/7/2003 $27.72 35690 QWEST 8/7/2003 $89.87 . 35691 SHOREWOOD TRUE VAL CHAIN REPAIR 8n /2003 54729 $34.20 35691 SHOREWOOD TRUE VAL ZIP STRIP 8n /2003 54787 $9.57 35691 SHOREWOOD TRUE VAL ZIP STRIP 8n /2003 54836 $9.57 35691 SHOREWOOD TRUE VAL MISC NUTS/BOLTS 8/7/2003 54865 $2.98 35691 SHOREWOOD TRUE VAL MISC NUTS/BOLTS 8/7/2003 54867 $3.26 35692 STATE OF MINNESOTA INSPECT DECALS PW VE 8/7/2003 $18.00 35694 VERIZON WIRELESS, BE 8/7/2003 071803 $44.98 35699 BERRY COFFEE CO 8/12/2003 362499 $22.00 35701 EARL F. ANDERSEN, INC MISC SIGNS 8/12/2003 0054923 $268.45 35703 GALLES CORP SHOP SUPPLIES 8/12/2003 104101 $229.10 35707 LOCATORS & SUPPLIES TRAFFIC CONES/EAR PL 8/12/2003 120153 $261.57 35708 LUBRICATION TECH,INC SHOP SUPPLIES 8/12/2003 974842 $676.13 35710 MCES, YOUTH PROGRA CRESENT BEACH L1FEG 8/12/2003 2025A $1,171.00 35711 MCLEOD USA 8/12/2003 409489 $137.67 35711 MCLEOD USA 8/12/2003 409489 $158.72 35711 MCLEOD USA 8/12/2003 409489 $482.85 35713 MINNEGASCO 8/12/2003 $21.60 35713 MINNEGASCO 8/12/2003 $9.59 35713 MINNEGASCO 8/12/2003 $63.04 Thursday, August 07, 2003 Page Check # Vendor Name Description Check Date Invoice # Amount ,; 35713 MINNEGASCO 8/12/2003 $19.18 35715 MOODY'S INVESTORS S PROF SVCS-G.O. WATER 8/12/2003 F1433708- $4,375.00 35716 MTI DISTRIBUTING COM MISC SHOP SUPPLIES 8/12/2003 368445-00 $160.39 35717 OFFICE DEPOT 8/12/2003 21031232 $64.99 35717 OFFICE DEPOT 8/12/2003 21031232 $179.98 35717 OFFICE DEPOT 8/12/2003 21081884 $49.23 35717 OFFICE DEPOT 8/12/2003 21139352 $438.78 35717 OFFICE DEPOT 8/12/2003 21151652 $6.20 35720 POTTS, KENNETH N. JULY PROSECUTIONS 8/12/2003 $1,608.33 35721 RUMPCA CO INC JUNE BRUSH DISPOSAL 8/12/2003 1651 $108.00 35722 SBC PAGING 8/12/2003 52006808 $25.75 35723 SOURCE PHOSPHORUS FERTILlZ 8/12/2003 214583-11 $340.00 35724 SPEEDWAY SUPERAME 8/12/2003 072303 $1,162.24 35725 TALLEN & BAERTSCHI JULY PROSECUTION INV 8/12/2003 $423.61 35727 WASTE MANAGEMENT 8/12/2003 0609795-1 $230.80 35729 WM. MUELLER & SONS, I ROCK 8/12/2003 80878 $490.74 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81052 $956.48 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81127 $1,672.05 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81221 $480.02 . 35729 WM. MUELLER & SONS, I CONCRETE 8/12/2003 81328 $29.35 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81436 $1,441.59 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81537 $722.14 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81782 $236.43 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81951 $708.98 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 82041 $476.75 35730 WSB AND ASSOCIATES PROJECT OBSERVATION 8/12/2003 01074-000 $144.00 35730 WSB AND ASSOCIATES PROJECT OBSERVATION 8/12/2003 01074-000 $1,008.00 35730 WSB AND ASSOCIATES CTRY CLUB MEADOWS P 8/12/2003 01074-500 $144.00 35730 WSB AND ASSOCIATES CUB WATERMAIN IMPRO 8/12/2003 01074-762 $7,721.50 35730 WSB AND ASSOCIATES LK LINDEN PED TRAIL 8/12/2003 01459-013 $189.00 35731 XCEL ENERGY 8/12/2003 0114-707- $14.80 35731 XCEL ENERGY 8/12/2003 0356-200- $21.64 35731 XCEL ENERGY 8/12/2003 0727-302- $333.33 35731 XCELENERGY 8/12/2003 1300-208- $236.28 35731 XCELENERGY 8/12/2003 1477-205- $482.82 . 35731 XCEL ENERGY 8/12/2003 1966-609- $159.08 35731 XCEL ENERGY 8/12/2003 2052-902- $13.89 35731 XCEL ENERGY 8/12/2003 2164-107- $19.45 TOTAL FOR 101 GENERAL FUND $40,097.93 35677 B-QUIST'S INC CONCESSION SUPPLIES 8/7/2003 JULY STM $13.25 35730 WSB AND ASSOCIATES FREEMAN PK DRIVEWAY 8/12/2003 01074-483 $113.00 TOTAL FOR 402 PARK CAPITAL IMPROVEMENT $126.25 35730 WSB AND ASSOCIATES MALLARD/TEAUBRAND S 8/12/2003 01074-732 $1,424.50 TOTAL FOR 404 STREET CAPITAL IMPROVEMENT $1,424.50 35712 MIDWEST ASPHALT CO SMITHTOWN RD PV#1 8/12/2003 $199,932.51 35730 WSB AND ASSOCIATES SMITHTOWN RD OVERLA 8/12/2003 01074-583 $2,665.00 35730 WSB AND ASSOCIATES TH 7 LED 8/12/2003 01529-000 $896.00 TOTAL FOR 405 MSA CAPITAL IMPROVEMENT $203,493.51 35664 INFINITE CORP SOLUTI NEW BARCODE SCANNE 7/30/2003 7232 $104.24 35687 NEXTEL COMMUNICATI 8/7/2003 58828331 $54.95 35690 QWEST 8/7/2003 $51.01 35690 QWEST 8/7/2003 $51.01 35705 HACH COMPANY WATER SUPPLIES 8/12/2003 3522508 $46.97 Thursday, Check # Vendor Name Description Check Date Invoice # Amount :. 35711 MCLEOD USA 8/12/2003 409489 $45.89 35711 MCLEOD USA 8/12/2003 409489 $91.78 35713 MINNEGASCO 8/12/2003 $76.06 35713 MINNEGASCO 8/12/2003 $19.98 35713 MINNEGASCO 8/12/2003 $52.03 35731 XCEL ENERGY 8/12/2003 1692-607- $692.31 35731 XCEL ENERGY 8/12/2003 2270-109- $589.56 TOTAL FOR 601 WATER UTILITY $1,875.79 35664 INFINITE CORP SOLUTI NEW BARCODE SCANNE 7/30/2003 7232 $104.23 35682 EXCELSIOR ACE HARD PARTS FOR AUTODIALE 8/7/2003 576588 $9.57 35682 EXCELSIOR ACE HARD PARTS FOR AUTODIALE 8/7/2003 577234 $23.88 35687 NEXTEL COMMUNICATI 8/7/2003 58828331 $54.95 35691 SHOREWOOD TRUE VAL AUTO DIALER PARTS 8/7/2003 55095 $27.73 35691 SHOREWOOD TRUE VAL MARKING PAINT 8/7/2003 55233 $20.19 35730 WSB AND ASSOCIATES BIRCH BLUFF RD LIFT ST 8/12/2003 01074-702 $1,073.50 35731 XCEL ENERGY 8/12/2003 1765-206- $34.93 35731 XCEL ENERGY 8/12/2003 2486-903- $27.88 TOTAL FOR 611 SANITARY SEWER UTILITY $1,376.86 35730 WSB AND ASSOCIATES WATER RESOURCE MGM 8/12/2003 01074-080 $1,722.00 . TOTAL FOR 631 STORMWATER MANAGEMENT UTILITY $1,722.00 35660 ARCTIC GLACIER INC 7/30/2003 38732000 $69.92 35660 ARCTIC GLACIER INC 7/30/2003 38732020 $60.24 35670 PRUDENTIAL INS CO OF AUG LIFE INS PREM 7/30/2003 $3.90 35671 QUALITY WINE & SPIRIT 7/30/2003 287900-00 $163.84 35671 QUALITY WINE & SPIRIT 7/30/2003 287900-00 $618.31 35671 QUALITY WINE & SPIRIT 7/30/2003 287919-00 $158.30 35673 SWANDBY, DONALD JUNE MILEAGE/CELL 7/30/2003 $30.76 35673 SWANDBY, DONALD JUNE MILEAGE/CELL 7/30/2003 $19.99 35674 UNUM LIFE INSURANCE AUG L TO PREM 7/30/2003 071503 $18.71 35676 ARCTIC GLACIER INC 8/7/2003 38732070 $51.12 35681 EAST SIDE BEVERAGE 8/7/2003 425392 $585.80 35681 EAST SIDE BEVERAGE 8/7/2003 425392 $40.70 35683 EXTREME BEVERAGE 8/7/2003 137770 $32.00 35685 MIDWEST COCA-COLA B 8/7/2003 63286201 $227.80 . 35685 MIDWEST COCA-COLA B 8/7/2003 63291078 $161.80 35689 QUALITY WINE & SPIRIT 8/7/2003 290688-00 $109.90 35689 QUALITY WINE & SPIRIT 8/7/2003 290688-00 $761.94 35691 SHOREWOOD TRUE VAL CLR SHEETING 8/7/2003 54971 $10.63 35693 VERIZON DIRECTORIES 8/7/2003 39000820 $20.30 35696 ARCTIC GLACIER INC 8/12/2003 38732140 $115.32 35698 BELLBOY CORPORATIO 8/12/2003 26910400 $393.95 35698 BELLBOY CORPORATIO 8/12/2003 26960800 $691.70 35700 DAY DISTRIBUTING 8/12/2003 227225 $308.95 35700 DAY DISTRIBUTING 8/12/2003 228041 $286.14 35700 DAY DISTRIBUTING 8/12/2003 228041 $19.20 35702 EAST SIDE BEVERAGE 8/12/2003 427170 $1,152.50 35704 GRIGGS, COOPER & CO 8/12/2003 746130 $323.54 35704 GRIGGS, COOPER & CO 8/12/2003 746131 $1,063.92 35704 GRIGGS, COOPER & CO 8/12/2003 749067 $30.75 35704 GRIGGS, COOPER & CO 8/12/2003 749068 $91.05 35704 GRIGGS, COOPER & CO 8/12/2003 749069 $765.83 35706 JOHNSON BROS L1QUO 8/12/2003 1586306 $186.65 35706 JOHNSON BROS L1QUO 8/12/2003 1586306 $1,556.08 Check # Vendor Name Description Check Date Invoice # Amount 35706 JOHNSON BROS L1auo 8/12/2003 1589046 $59.96 35706 JOHNSON BROS L1auo 8/12/2003 1589048 $237.00 35706 JOHNSON BROS L1auo 8/12/2003 1589048 $6.40 35706 JOHNSON BROS L1auo 8/12/2003 224981 ($44.95) 35706 JOHNSON BROS L1auo 8/12/2003 224982 ($41.10) 35709 MARK VII 8/12/2003 561654 $877.50 35709 MARK VII 8/12/2003 561655 $13.50 35709 MARK VII 8/12/2003 564237 $1,457.30 35709 MARK VII 8/12/2003 564238 $19.20 35711 MCLEOD USA 8/12/2003 409489 $98.78 35713 MINNEGASCO 8/12/2003 $9.59 35714 MN MUNICIPAL BEVERA 2003-2004 ANNUAL DUES 8/12/2003 $720.00 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969549 $54.55 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969551 $1,381.55 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969551 $369.40 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971739 $13.52 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971739 $186.95 35726 THORPE DISTRIBUTING 8/12/2003 304094 $1,570.55 35726 THORPE DISTRIBUTING 8/12/2003 304094 $26.30 . 35726 THORPE DISTRIBUTING 8/12/2003 304810 $1,315.90 35726 THORPE DISTRIBUTING 8/12/2003 304810 $26.30 35727 WASTE MANAGEMENT 8/12/2003 0609797-1 $116.06 35728 WINE MERCHANTS 8/12/2003 78013 $180.00 35731 XCEL ENERGY 8/12/2003 0198-208- $613.63 TOTAL FOR 641 SHORE WOOD PLAZA UQUOR $19,399.43 35660 ARCTIC GLACIER INC 7/30/2003 38732000 $77.76 35660 ARCTIC GLACIER INC 7/30/2003 38732020 $12.24 35662 HERMEL WHOLESALE 7/30/2003 424344 $516.06 35662 HERMEL WHOLESALE 7/30/2003 424344 $31.80 35670 PRUDENTIAL INS CO OF AUG LIFE INS PREM 7/30/2003 $3.90 35671 aUALlTY WINE & SPIRIT 7/30/2003 287901-00 $272.15 35671 aUALlTY WINE & SPIRIT 7/30/2003 287918-00 $122.66 35673 SWANDBY, DONALD JUNE MILEAGE/CELL 7/30/2003 $30.76 35673 SWANDBY, DONALD JUNE MILEAGE/CELL 7/30/2003 $20.00 . 35674 UNUM LIFE INSURANCE AUG L TO PREM 7/30/2003 071503 $21.21 35676 ARCTIC GLACIER INC 817/2003 38732061 $47.24 35676 ARCTIC GLACIER INC 817/2003 38732070 $41.04 35676 ARCTIC GLACIER INC 8/7/2003 38732090 $35.16 35681 EAST SIDE BEVERAGE 8/7/2003 425391 $853.60 35681 EAST SIDE BEVERAGE 8/7/2003 425391 $20.80 35685 MIDWEST COCA-COLA B 817/2003 63291243 $177.00 35689 QUALITY WINE & SPIRIT 8/7/2003 290686-00 $519.81 35691 SHOREWOOD TRUE VAL MOP HEAD 8/7/2003 54963 $10.64 35695 WATERFORD CENTER AUG RENT 8/7/2003 0806F $5,007.13 35696 ARCTIC GLACIER INC 8/12/2003 38732140 $70.96 35697 BELLBOY BAR SUPPLY 8/12/2003 37324900 $128.16 35698 BELLBOY CORPORATIO 8/12/2003 26910300 $843.45 35698 BELLBOY CORPORATIO 8/12/2003 26960700 $397.70 35700 DAY DISTRIBUTING 8/12/2003 227223 $996.80 35700 DAY DISTRIBUTING 8/12/2003 228040 $134.50 35702 EAST SIDE BEVERAGE 8/12/2003 427169 $10.40 35702 EAST SIDE BEVERAGE 8/12/2003 427169 $1,127.35 35704 GRIGGS, COOPER & CO 8/12/2003 746132 $623.73 35704 GRIGGS, COOPER & CO 8/12/2003 746133 $657.39 35704 GRIGGS, COOPER & CO 8/12/2003 749073 $30.75 Check # Vendor Name Description Check Date Invoice # Amount 35704 GRIGGS, COOPER & CO 8/12/2003 749074 $283.16 35704 GRIGGS, COOPER & CO 8/12/2003 749075 $23.40 35704 GRIGGS, COOPER & CO 8/12/2003 749076 $631.44 35706 JOHNSON BROS L1QUO 8/12/2003 1586305 $265.75 35706 JOHNSON BROS L1QUO 8/12/2003 1586305 $1,046.33 35706 JOHNSON BROS L1QUO 8/12/2003 1589045 $29.98 35706 JOHNSON BROS L1QUO 8/12/2003 1589045 $131.70 35709 MARK VII 8/12/2003 561650 $1,502.25 35709 MARK VII 8/12/2003 564228 $1,088.20 35709 MARK VII 8/12/2003 564229 $22.40 35711 MCLEOD USA 8/12/2003 409489 $98.66 35713 MINNEGASCO 8/12/2003 $9.59 35714 MN MUNICIPAL BEVERA 2003-2004 ANNUAL DUES 8/12/2003 $720.00 35718 PEPSI COLA COMPANY 8/12/2003 46159036 $63.44 35719 PHILLIPS WINE & SPIRIT 8/12/2003 3282271 ($8.00) 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969548 $283.75 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969548 $699.90 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971737 $35.25 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971737 $455.75 . 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971737 $467.50 35726 THORPE DISTRIBUTING 8/12/2003 304093 $13.15 35726 THORPE DISTRIBUTING 8/12/2003 304093 $2,518.50 35726 THORPE DISTRIBUTING 8/12/2003 304809 $39.45 35726 THORPE DISTRIBUTING 8/12/2003 304809 $1,025.60 35728 WINE MERCHANTS 8/12/2003 78012 $90.00 TOTAL FOR 642 WATERFORD LIQUOR $24,379.30 TOTAL CHECKS $293,895.57 . Check Approval List for 08/11/03 Council Meeting Check # Vendor Name Description Check Date Invoice # Amount 35659 US POSTMASTER AUG NEWSLETTER PSTG 7/25/2003 $555.78 TOTAL FOR US POSTMASTER $555.78 35660 ARCTIC GLACIER INC 7/30/2003 38732000 $69.92 35660 ARCTIC GLACIER INC 7/30/2003 38732000 $77.76 35660 ARCTIC GLACIER INC 7/30/2003 38732020 $60.24 35660 ARCTIC GLACIER INC 7/30/2003 38732020 $12.24 TOTAL FOR ARCTIC GLACIER INC $220.16 35661 EXCELSIOR-CITY OF MCFOA MTG 7/23/03 7/30/2003 $30.00 TOTAL FOR EXCELSIOR-CITY OF $30.00 35662 HERMEL WHOLESALE 7/30/2003 424344 $31.80 35662 HERMEL WHOLESALE 7/30/2003 424344 $516.06 TOTAL FOR HERJlIEL WHOLESALE $547.86 35663 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 7 7/30/2003 302131-07 $1,088.76 TOTAL FOR 1CMA RETIREMENT TRUST-457 $1,088.76 . 35664 INFINITE CORP SOLUTI NEW BARCODE SCANNE 7/30/2003 7232 $104.23 35664 INFINITE CORP SOLUTI NEW BARCODE SCANNE 7/30/2003 7232 $104.24 TOTAL FOR INFINITE CORP SOLUTIONS INC $208.47 35665 MINN NCPERS GROUP L AUG ELECT LIFE PREM 7/30/2003 $12.00 TOTAL FOR MINN NCPERS GROUP LIFE INS $12.00 35666 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 7/30/2003 $232.02 TOTAL FOR MN CHILD SUPPORT PMI' CTR $232.02 35667 NIELSEN, BRADLEY SEC 125 REIMBURSEME 7/30/2003 $375.09 TOTAL FOR NIELSEN, BRADLEY $375.09 35668 PAZANDAK, JOSEPH MILEAGE 7/14 -7/25/03 7/30/2003 $102.24 TOTAL FOR PAZANDAK, JOSEPH $102.24 35669 PERA PAYROLL DEDUCTIONS 7 7/30/2003 762400-07 $2,445.51 35669 PERA PAYROLL DEDUCTIONS 7 7/30/2003 762400-07 $2,255.35 TOTALFOR PERA $4,700.86 35670 PRUDENTIAL INS CO OF AUG LIFE INS PREM 7/30/2003 $3.90 . 35670 PRUDENTIAL INS CO OF AUG LIFE INS PREM 7/30/2003 $3.90 35670 PRUDENTIAL INS CO OF AUG LIFE INS PREM 7/30/2003 $37.05 35670 PRUDENTIAL INS CO OF AUG LIFE INS PREM 7/30/2003 $81.65 TOTAL FOR PRUDENTIAL INS CO OF AMERICA $126.50 35671 QUALITY WINE & SPIRIT 7/30/2003 287900-00 $163.84 35671 QUALITY WINE & SPIRIT 7/30/2003 287900-00 $618.31 35671 QUALITY WINE & SPIRIT 7/30/2003 287901-00 $272.15 35671 QUALITY WINE & SPIRIT 7/30/2003 287918-00 $122.66 35671 QUALITY WINE & SPIRIT 7/30/2003 287919-00 $158.30 TOTAL FOR QUALITY WINE & SPIRITS CO $1,335.26 35672 SUN PATRIOT NEWSPA ENCHANTED PT ROW 7/30/2003 715 $55.00 35672 SUN PATRIOT NEWSPA AMEND TO ZONING COD 7/30/2003 717 $31.84 35672 SUN PATRIOT NEWSPA HICKEY CUP 7/30/2003 718 $33.83 35672 SUN PATRIOT NEWSPA JOHNSON SETBACK V AR 7/30/2003 719 $31.84 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $152.51 35673 SWANDBY, DONALD JUNE MILEAGE/CELL 7/30/2003 $19.99 35673 SWANDBY, DONALD JUNE MILEAGE/CELL 7/30/2003 $20.00 35673 SWANDBY, DONALD JUNE MILEAGE/CELL 7/30/2003 $30.76 35673 SW ANDBY, DONALD JUNE MILEAGE/CELL 7/30/2003 $30.76 . ";:.'.::,: :-..'_:'_"~:'::,,::: :.-_.':':....:'~. ," ....,....".:.,-": - .-0"', ,","-.:','.. :.:. '-:"-, ~ .. ---- " ;"';--_' ",-,.- ,--:- ,:':> ................--..'.-...---..'..---.,........,.,--....,.-, " Thursday, August 07, 2003 Check # Vendor Name Description Check Date Invoice # Amount TOTAL FOR SWANDBY, DONALD $101.51 35674 UNUM LIFE INSURANCE AUG L TO PREM 7/30/2003 071503 $18.71 35674 UNUM LIFE INSURANCE AUG LTD PREM 7/30/2003 071503 $21.21 35674 UNUM LIFE INSURANCE AUG L TO PREM 7/30/2003 071503 $255.67 TOTAL FOR UNUM LIFE INSURANCE CO $295.59 35675 ANCHOR PAPER COMPA 817/2003 14686840 $367.78 TOTAL FOR ANCHOR PAPER COMPANY $367.78 35676 ARCTIC GLACIER INC 81712003 38732061 $47.24 35676 ARCTIC GLACIER INC 817/2003 38732070 $51.12 35676 ARCTIC GLACIER INC 81712003 38732070 $41.04 35676 ARCTIC GLACIER INC 81712003 38732090 $35.16 TOTAL FOR ARCTIC GLACIER INC $174.56 35677 B-QUIST'S INC CONCESSION SUPPLIES 817/2003 JULY STM $13.25 TOTAL FOR B-QUIST'S INC $13.25 35678 CHAMPION AUTO STOR AL TERNA TOR 817/2003 D-206794 $118.20 TOTAL FOR CHAMPION AUTO STORE #344 $118.20 35679 COVERALL OF THE TWI AUG CLEANING SVC 817/2003 77906 $335.48 TOTAL FOR COVERALL OF THE TWIN CITIES IN $335.48 . 35680 DJ'S MUNICIPAL SUPPL STUBBY BULBS 8/7/2003 14894 $16.00 TOTAL FOR D]'S MUNICIPAL SUPPLY INC $16.00 35681 EAST SIDE BEVERAGE 817/2003 425391 $20.80 35681 EAST SIDE BEVERAGE 817/2003 425391 $853.60 35681 EAST SIDE BEVERAGE 81712003 425392 $40.70 35681 EAST SIDE BEVERAGE 81712003 425392 $585.80 TOTAL FOR EAST SIDE BEVERAGE COMPAN $1,500.90 35682 EXCELSIOR ACE HARD DISTILLED WATER 81712003 573239 $8.24 35682 EXCELSIOR ACE HARD PARKS - CHAIN 81712003 574079 $36.00 35682 EXCELSIOR ACE HARD MISC SHOP SUPPLIES 817/2003 575241 $1.86 35682 EXCELSIOR ACE HARD PARTS FOR AUTODIALE 817/2003 576588 $9.57 35682 EXCELSIOR ACE HARD PARTS FOR AUTODIALE 817/2003 577234 $23.88 35682 EXCELSIOR ACE HARD RECYCLING BAGS-CITY 81712003 577441 $53.25 35682 EXCELSIOR ACE HARD CHAIN-BEACH BUOYS 8/7/2003 577532 $6.34 TOTAL FOR EXCELSIOR ACE HARDWARE $139.14 . 35683 EXTREME BEVERAGE 817/2003 137770 $32.00 TOTAL FOR EXTREME BEVERAGE $32.00 35684 KEEFE, SALLY JULY CONTRACT SVCS 817/2003 $300.00 35684 KEEFE, SALLY JULY CONTRACT SVCS 81712003 $405.00 TOTAL FOR KEEFE, SALLY $705.00 35685 MIDWEST COCA-COLA B 817/2003 63286201 $227.80 35685 MIDWEST COCA-COLA B 8/7/2003 63291078 $161.80 35685 MIDWEST COCA-COLA B 81712003 63291243 $177.00 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $566.60 35686 MN SUN PUBLICATIONS VACATE TAX FORFEITED 8/7/2003 618956 $46.47 35686 MN SUN PUBLICATIONS CUP - HICKEY 8/7/2003 619208 $50.05 35686 MN SUN PUBLICATIONS JOHNSON SETBACK V AR 81712003 619209 $46.48 35686 MN SUN PUBLICATIONS TEXT AMEND-CUP 817/2003 619211 $46.48 TOTAL FOR MN SUN PUBLICATIONS $189.48 35687 NEXTEL COMMUNICATI 8/7/2003 58828331 $54.95 35687 NEXTEL COMMUNICATI 8/7/2003 58828331 $54.95 TOTAL FOR NEXTEL COMMUNICATIONS $109.90 35688 NGUYEN, MICHELLE JULY MILEAGE 81712003 $27.72 Check # Vendor Name Description Check Date Invoice # Amount TOTAL FOR NGUYEN, MICHEHE $27.72 35689 QUALITY WINE & SPIRIT 8rr /2003 290686-00 $519.81 35689 QUALITY WINE & SPIRIT 8rT12003 290688-00 $109.90 35689 QUALITY WINE & SPIRIT 8rT12003 290688-00 $761.94 TOTAL FOR QUAUTY WINE & SPIRITS CO $1,391.65 35690 QWEST 8rT12003 $51.01 35690 QWEST 8rT12003 $51.01 35690 QWEST 8rr /2003 $89.87 TOTAL FOR QWEST $191.89 35691 SHOREWOOD TRUE VAL CHAIN REPAIR BrT/2003 54729 $34.20 35691 SHOREWOOD TRUE VAL ZIP STRIP 8rT12003 54787 $9.57 35691 SHOREWOOD TRUE VAL ZIP STRIP 8rT12003 54836 $9.57 35691 SHOREWOOD TRUE VAL MISC NUTS/BOLTS 8rT12003 54865 $2.98 35691 SHOREWOOD TRUE VAL MISC NUTS/BOLTS BrT/2003 54867 $3.26 35691 SHOREWOOD TRUE VAL MOP HEAD 8rT12003 54963 $10.64 35691 SHOREWOOD TRUE VAL CLR SHEETING 8rT12003 54971 $10.63 35691 SHOREWOOD TRUE VAL AUTO DIALER PARTS 8rT12003 55095 $27.73 35691 SHOREWOOD TRUE VAL MARKING PAINT 8rT12003 55233 $20.19 . TOTAL FOR SHOREWOOD TRUE VALUE $128.77 35692 STATE OF MINNESOTA INSPECT DECALS PW VE BrT /2003 $18.00 TOTAL FOR STATE OF MINNESOTA $18.00 35693 VERIZON DIRECTORIES 8rT12003 39000820 $20.30 TOTAL FOR VERIZON DIRECTORIES CORP $20.30 35694 VERIZON WIRELESS, BE 8rT12003 071803 $44.98 TOTAL FOR VERIZON WIRELESS, BELLE VUE $44.98 35695 WATERFORD CENTER AUG RENT 8rT12003 0806F $5,007.13 TOTAL FOR WATERFORD CENTER $5,007.13 35696 ARCTIC GLACIER INC 8/12/2003 38732140 $115.32 35696 ARCTIC GLACIER INC 8/12/2003 38732140 $70.96 TOTAL FOR ARCTIC GLACIER INC $186.28 35697 BELLBOY BAR SUPPLY 8/12/2003 37324900 $128.16 TOTAL FOR BELLBOY BAR SUPPLY $128.16 . 35698 BELLBOY CORPORATIO 8/12/2003 26910300 $843.45 35698 BELLBOY CORPORATIO 8/12/2003 26910400 $393.95 35698 BELLBOY CORPORATIO 8/12/2003 26960700 $397.70 35698 BELLBOY CORPORATIO 8/12/2003 26960800 $691.70 TOTAL FOR BELLBOY CORPORATION $2,326.80 35699 BERRY COFFEE CO 8/12/2003 362499 $22.00 TOTAL FOR BERRY COFFEE CO $22.00 35700 DAY DISTRIBUTING 8/12/2003 227223 $996.80 35700 DAY DISTRIBUTING 8/12/2003 227225 $308.95 35700 DAY DISTRIBUTING 8/12/2003 228040 $134.50 35700 DAY DISTRIBUTING 8/12/2003 228041 $19.20 35700 DAY DISTRIBUTING 8/12/2003 228041 $286.14 TOTAL FOR DAY DISTRIBUTING $1,745.59 35701 EARL F. ANDERSEN, INC MISC SIGNS 8/12/2003 0054923 $268.45 TOTAL FOR EARL F. ANDERSEN, INC. $268.45 35702 EAST SIDE BEVERAGE 8/12/2003 427169 $10.40 35702 EAST SIDE BEVERAGE 8/12/2003 427169 $1,127.35 35702 EAST SIDE BEVERAGE 8/12/2003 427170 $1,152.50 TOTAL FOR EAST SIDE BEVERAGE COMPAN $2,290.25 Thursday, August 07, Page 3 of 6 Check # Vendor Name Description Check Date Invoice # Amount 35703 GALLES CORP SHOP SUPPLIES 8/12/2003 104101 $229.10 TOTAL FOR GALLES CORP $229.10 35704 GRIGGS, COOPER & CO 8/12/2003 746130 $323.54 35704 GRIGGS, COOPER & CO 8/12/2003 746131 $1,063.92 35704 GRIGGS, COOPER & CO 8/12/2003 746132 $623.73 35704 GRIGGS, COOPER & CO 8/12/2003 746133 $657.39 35704 GRIGGS, COOPER & CO 8/12/2003 749067 $30.75 35704 GRIGGS, COOPER & CO 8/12/2003 749068 $91.05 35704 GRIGGS, COOPER & CO 8/12/2003 749069 $765.83 35704 GRIGGS, COOPER & CO 8/12/2003 749073 $30.75 35704 GRIGGS, COOPER & CO 8/12/2003 749074 $283.16 35704 GRIGGS, COOPER & CO 8/12/2003 749075 $23.40 35704 GRIGGS, COOPER & CO 8/12/2003 749076 $631.44 TOTAL FOR GRIGGS, COOPER & COMPANY $4,524.96 35705 HACH COMPANY WATER SUPPLIES 8/12/2003 3522508 $46.97 TOTAL FOR HACH COMPANY $46.97 35706 JOHNSON BROS L10UO 8/12/2003 1586305 $265.75 35706 JOHNSON BROS L10UO 8/12/2003 1586305 $1,046.33 35706 JOHNSON BROS L10UO 8/12/2003 1586306 $186.65 . 35706 JOHNSON BROS L10UO 8/12/2003 1586306 $1,556.08 35706 JOHNSON BROS L10UO 8/12/2003 1589045 $29.98 35706 JOHNSON BROS L10UO 8/12/2003 1589045 $131.70 35706 JOHNSON BROS L10UO 8/12/2003 1589046 $59.96 35706 JOHNSON BROS L10UO 8/12/2003 1589048 $6.40 35706 JOHNSON BROS L10UO 8/12/2003 1589048 $237.00 35706 JOHNSON BROS L10UO 8/12/2003 224981 ($44.95) 35706 JOHNSON BROS L10UO 8/12/2003 224982 ($41.10) TOTAL FOR JOHNSON BROS LIQUOR CO. $3,433.80 35707 LOCATORS & SUPPLIES TRAFFIC CONES/EAR PL 8/12/2003 120153 $261.57 TOTAL FOR LOCATORS & SUPPLIES INC $261.57 35708 LUBRICATION TECH, INC SHOP SUPPLIES 8/12/2003 974842 $676.13 TOTAL FOR LUBRICATION TECH, INC $676./3 35709 MARK VII 8/12/2003 561650 $1,502.25 35709 MARK VII 8/12/2003 561654 $877.50 35709 MARK VII 8/12/2003 561655 $13.50 . 35709 MARK VII 8/12/2003 564228 $1,088.20 35709 MARK VII 8/12/2003 564229 $22.40 35709 MARK VII 8/12/2003 564237 $1,457.30 35709 MARK VII 8/12/2003 564238 $19.20 TOTAL FOR MARK Vll $4,980.35 35710 MCES, YOUTH PROGRA CRESENT BEACH L1FEG 8/12/2003 2025A $1,171.00 TOTAL FOR MCES, YOUTH PROGRAMS $1,171.00 35711 MCLEOD USA 8/12/2003 409489 $98.66 35711 MCLEOD USA 8/12/2003 409489 $482.85 35711 MCLEOD USA 8/12/2003 409489 $158.72 35711 MCLEOD USA 8/12/2003 409489 $137.67 35711 MCLEOD USA 8/12/2003 409489 $91.78 35711 MCLEOD USA 8/12/2003 409489 $45.89 35711 MCLEOD USA 8/12/2003 409489 $98.78 TOTAL FOR MCLEOD USA $1,114.35 35712 MIDWEST ASPHALT CO SMITHTOWN RD PV#1 8/12/2003 $199,932.51 TOTAL FOR MIDWEST ASPHALT CORP. $199,932.51 ,., Thursday, August 07, 2003 Check # Vendor Name Description Check Date Invoice # Amount 35713 MINNEGASCO 8/12/2003 $76.06 35713 MINNEGASCO 8/12/2003 $9.59 35713 MINNEGASCO 8/12/2003 $9.59 35713 MINNEGASCO 8/12/2003 $9.59 35713 MINNEGASCO 8/12/2003 $19.18 35713 MINNEGASCO 8/12/2003 $19.98 35713 MINNEGASCO 8/12/2003 $21.60 35713 MINNEGASCO 8/12/2003 $52.03 35713 MINNEGASCO 8/12/2003 $63.04 TOTAL FOR MINNEGASCO $280.66 35714 MN MUNICIPAL BEVERA 2003-2004 ANNUAL DUES 8/12/2003 $720.00 35714 MN MUNICIPAL BEVERA 2003-2004 ANNUAL DUES 8/12/2003 $720.00 TOTAL FOR MN MUNICIPAL BEVERAGE AS. $1,440.00 35715 MOODY'S INVESTORS S PROF SVCS-G.O. WATER 8/12/2003 F1433708- $4,375.00 TOTAL FOR MOODY'S INVESTORS SERVICE $4,375.00 35716 MTI DISTRIBUTING COM MISC SHOP SUPPLIES 8/12/2003 368445-00 $160.39 TOTAL FOR MTI DISTRIBUTING COMPANY $160.39 . 35717 OFFICE DEPOT 8/12/2003 21031232 $64.99 35717 OFFICE DEPOT 8/12/2003 21031232 $179.98 35717 OFFICE DEPOT 8/12/2003 21081884 $49.23 35717 OFFICE DEPOT 8/12/2003 21139352 $438.78 35717 OFFICE DEPOT 8/12/2003 21151652 $6.20 TOTAL FOR OFFICE DEPOT $739.18 35718 PEPSI COLA COMPANY 8/12/2003 46159036 $63.44 TOTAL FOR PEPSI COLA COMPANY $63.44 35719 PHILLIPS WINE & SPIRIT 8/12/2003 3282271 ($8.00) 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969548 $283.75 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969548 $699.90 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969549 $54.55 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969551 $369.40 35719 PHILLIPS WINE & SPIRIT 8/12/2003 969551 $1,381.55 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971737 $35.25 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971737 $455.75 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971737 $467.50 . 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971739 $13.52 35719 PHILLIPS WINE & SPIRIT 8/12/2003 971739 $186.95 TOTAL FOR PHILLIPS WINE & SPIRITS $3,940.12 35720 POTTS, KENNETH N. JULY PROSECUTIONS 8/12/2003 $1,608.33 TOTAL FOR POTTS, KENNETH N. $1,608.33 35721 RUMPCA CO INC JUNE BRUSH DISPOSAL 8/12/2003 1651 $108.00 TOTAL FOR RUMPCA CO INC $108.00 35722 SBC PAGING 8/12/2003 52006808 $25.75 TOTAL FOR SBC PAGING $25.75 35723 SOURCE PHOSPHORUS FERTILlZ 8/12/2003 214583-11 $340.00 TOTAL FOR SOURCE $340.00 35724 SPEEDWAY SUPERAME 8/12/2003 072303 $1,162.24 TOTAL FOR SPEEDWAY SUPERAMERICA $1,162.24 35725 TALLEN & BAERTSCHI JULY PROSECUTION INV 8/12/2003 $423.61 TOTAL FOR TALLEN & BAERTSCHI $423.61 35726 THORPE DISTRIBUTING 8/12/2003 304093 $2,518.50 35726 THORPE DISTRIBUTING 8/12/2003 304093 $13.15 Check # Vendor Name Description Check Date Invoice # Amount 35726 THORPE DISTRIBUTING 8/12/2003 304094 $26.30 35726 THORPE DISTRIBUTING 8/12/2003 304094 $1,570.55 35726 THORPE DISTRIBUTING 8/12/2003 304809 $39.45 35726 THORPE DISTRIBUTING 8/12/2003 304809 $1,025.60 35726 THORPE DISTRIBUTING 8/12/2003 304810 $26.30 35726 THORPE DISTRIBUTING 8/12/2003 304810 $1,315.90 TOTAL FOR THORPE DISTRIBUTING COMPA $6,535.75 35727 WASTE MANAGEMENT 8/12/2003 0609795-1 $230.80 35727 WASTE MANAGEMENT 8/12/2003 0609797-1 $116.06 TOTAL FOR WASTE MANAGEMENT $346.86 35728 WINE MERCHANTS 8/12/2003 78012 $90.00 35728 WINE MERCHANTS 8/12/2003 78013 $180.00 TOTAL FOR WINE MERCHANTS $270.00 35729 WM. MUELLER & SONS, I ROCK 8/12/2003 80878 $490.74 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81052 $956.48 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81127 $1,672.05 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81221 $480.02 35729 WM. MUELLER & SONS, I CONCRETE 8/12/2003 81328 $29.35 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81436 $1,441.59 . 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81537 $722.14 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81782 $236.43 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 81951 $708.98 35729 WM. MUELLER & SONS, I BLACKTOP 8/12/2003 82041 $476.75 TOTAL FOR WM. MUELLER & SONS, INC. $7,214.53 35730 WSB AND ASSOCIATES PROJECT OBSERVATION 8/12/2003 01074-000 $144.00 35730 WSB AND ASSOCIATES PROJECT OBSERVATION 8/12/2003 01074-000 $1,008.00 35730 WSB AND ASSOCIATES WATER RESOURCE MGM 8/12/2003 01074-080 $1,722.00 35730 WSB AND ASSOCIATES FREEMAN PK DRIVEWAY 8/12/2003 01074-483 $113.00 35730 WSB AND ASSOCIATES CTRY CLUB MEADOWS P 8/12/2003 01074-500 $144.00 35730 WSB AND ASSOCIATES SMITHTOWN RD OVERLA 8/12/2003 01074-583 $2,665.00 35730 WSB AND ASSOCIATES BIRCH BLUFF RD LIFT ST 8/12/2003 01074-702 $1,073.50 35730 WSB AND ASSOCIATES MALLARD/TEAL/BRAND S 8/12/2003 01074-732 $1,424.50 35730 WSB AND ASSOCIATES CUB WATERMAIN IMPRO 8/12/2003 01074-762 $7,721.50 35730 WSB AND ASSOCIATES LK LINDEN PED TRAIL 8/12/2003 01459-013 $189.00 35730 WSB AND ASSOCIATES TH 7 LED 8/12/2003 01529-000 $896.00 . TOTAL FOR WSB AND ASSOCIATES $/7,/00.50 35731 XCEL ENERGY 8/12/2003 0114-707- $14.80 35731 XCEL ENERGY 8/12/2003 0198-208- $613.63 35731 XCEL ENERGY 8/12/2003 0356-200- $21.64 35731 XCEL ENERGY 8/12/2003 0727-302- $333.33 35731 XCEL ENERGY 8/12/2003 1300-208- $236.28 35731 XCEL ENERGY 8/12/2003 1477-205- $482.82 35731 XCEL ENERGY 8/12/2003 1692-607- $692.31 35731 XCEL ENERGY 8/12/2003 1765-206- $34.93 35731 XCEL ENERGY 8/12/2003 1966-609- $159.08 35731 XCEL ENERGY 8/12/2003 2052-902- $13.89 35731 XCEL ENERGY 8/12/2003 2164-107- $19.45 35731 XCEL ENERGY 8/12/2003 2270-109- $589.56 35731 XCEL ENERGY 8/12/2003 2486-903- $27.88 TOTAL FOR KCEL ENERGY $3,239.60 TOTAL CHECKS $293,895.57 t PAYROLL APPROVALS For 8/11/03 Council Meeting . Prepared by: (ldlt.lU~ i77. Uk Cathe~e EIk~. S7fccountant Reviewed by: ~~ Bonnie Burton, Fin nce Director Date: Date: J' ~ 7~{)~'3 &;{;7103 awson, City Administrator Date: of;. 07,jY3 . Payroll Register t Check # Last Name First Name MI Check Amt Check Date 2255 BAILEY BOYD C 1,411.88 7/29/2003 2256 BURTON BONNIE M 1,963.61 7/29/2003 2257 DAVIS CHARLES S 1,119.11 7/29/2003 2258 EISCHENS JAMES E 876.74 7/29/2003 2259 ELKE CATHERINE M 915.08 7/29/2003 2260 FASCHING PATRICIA L 837.27 7/29/2003 2261 FIELD DALE F 696.76 7/29/2003 2262 GROUT TWILA R 902.97 7/29/2003 2263 HELLING PAMELA J 88.88 7/29/2003 2264 HIRSCH DANA M 164.04 7/29/2003 2265 JOHNSON DENNIS D 1,194.94 7/29/2003 2266 LUGOWSKI JOSEPH P 1,217.03 7/29/2003 2267 MASON BRADLEY J 1,009.77 7/29/2003 2268 MOORE JULIE K 332.24 7/29/2003 . 2269 NGUYEN MICHELLE T 628.28 7/29/2003 2270 NIELSEN BRADLEY J 1,177.92 7/29/2003 2271 PANCHYSHY JEAN M 1,352.85 7/29/2003 2272 PAZANDAK JOSEPH E 1,516.65 7/29/2003 2273 RANDALL DANIEL J 1,515.36 7/29/2003 2274 SCHMID CHRISTOPHER E 669.81 7/29/2003 2275 STARK BRUCE H 1,142.46 7/29/2003 2276 SW ANDBY DONALD R 1,351.49 7/29/2003 2277 TOWER TERRY R 1,024.48 7/29/2003 217887 ARMSTRON MICHAEL R 195.48 7/29/2003 217888 BROWN LAWRENCE A 2,033.74 7/29/2003 217889 DAWSON CRAIG W 1,817.51 7/29/2003 217890 DUFFY DAVID C 141.60 7/29/2003 . 217891 HELGESEN PATRICIA R 1,353.37 7/29/2003 217892 LATTERNER SUSAN M 198.67 7/29/2003 217893 MADSEN ANDREW G 685.47 7/29/2003 217894 OLIVEIRA CHRISTOPHER L 37.26 7/29/2003 217895 PARENT MICHELLE L 304.28 7/29/2003 217896 PLATHE CRAIG V 170.96 7/29/2003 217897 THURSTON DOROTHY M 142.17 7/29/2003 Total of Checks $30,190.13 Thursday, August 07, 2003 Page 1 of 1 . . 1 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us CITY OF SHOREWOOD MEMORANDUM DATE: July 28, 2003 TO: Mayor and Council Members Jean Panchyshyn, Deputy Clerk ~ Craig W. Dawson, City Administrator tD Approval of a Resolution Authorizing theMayor and City Administrator to Enter into the 2003 Municipal Recycling Grant Agreement Between the City of Shorewood and Hennepin County FROM: cc: RE: At its meeting on February 10, 2003, Council authorized staffto apply for a Municipal Recycling Grant for the year ending December 31, "2003. Staff submitted the grant application, and has - now received the 2003 Municipal Recycling Grant Agreement from Hennepin County. Upon execution of the Grant Agreement, the City will receive its recycling grant in the amount not to exceed $21,460. The attached Resolution authorizes the Mayor and City Administrator to sign the Municipal Recycling Grant Agreement for the year 2003, Contract No. A030714, with Hennepin County. Recommended Council Action Approval of a Resolution Authorizing the Mayor and City Administration to Enter into the 2003 Municipal Recycling Grant Agreement with Hennepin County. :#- ,3 J3 .... ~J PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD , RESOLUTION NO. 03- A RESOLUTION AUTHORIZING SIGNING OF THE 2003 MUNICIPAL RECYCLING GRANT AGREEMENT BETWEEN THE CITY OF SHOREWOOD AND HENNEPIN COUNTY WHEREAS, on February 10,2003, the City Council ofthe City of Shorewood adopted Resolution 03-013 which Authorized the Submittal of the 2003 Hennepin County Grant Application for Municipal Source Separated Recyclables; and WHEREAS, the City will operate its recycling program as described in the Grant Application; and WHEREAS, the City and County shall enter into a contract for Municipal Recycling for . the period January 1, 2003 to December 31, 2003, for which the County shall pay the City an annual amount not-to-exceed $21,460; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: That the Mayor and City Administrator are authorized to sign the Municipal Recycling Grant Agreement for the year 2003, Contract No. A030714 with Hennepin County. ---- ----~ A])OPTEIJBY-THE-CITY-COUNCIL-OF"HE-CITY-OFSHOREWOOn-trus lTIh- -- - - day of August, 2003. . WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK , . . Contract No: A030714 Vendor No.: 000070455 MUNICIPAL RECYCLING GRANT AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "COUNTY," A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Environmental Services, 417 North Fifth Street, Minneapolis, Minnesota 55401- 1397, hereinafter referred to as the "DEPARTMENT" and the CITY OF SHOREWOOD, 5755 Country Club Road, Shorewood, MN 55331-8827, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the COUNTY Board, by Resolution No. 99-8-532, on the 3rd day of August 1999, authorized funding for municipal recycling programs from January 1, 2000, through December 31, 2004, and WHEREAS, the CITY has a municipal recycling program (the Recycling Program) as described in their grant application referred to in paragraph 2 below, and WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Chapter 115A; the Office of Environmental Assistance Solid Waste Management Policy Plan; Hennepin County's Solid Waste Management Master Plan; and Hennepin County's Residential Recycling Funding Policy. --\ NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THE AGREEMENT a. This Agreement shall commence upon execution and terminate on December 31, 2003. b. The cost of this Agreement shall not exceed Twenty-one thousand four hundred sixty dollars ($21,460). ReA Fonn No. 101 2003 (Revised 02/03) 1 ( 2. SERVICES TO BE PROVIDED a. The CITY will operate its Recycling Program as more fully described in the Grant Application that was submitted by the CITY and kept on file with the COUNTY. b. In addition to the services referred to above, the CITY agrees as follows: 1. On an annual basis, the CITY must demonstrate that the average. pounds of recyclables collected from households participating in their curbside residential recycling program must equal or surpass the 1999 base year figure. The base year figure is determined by dividing total pounds of recyclables collected in 1999 by the total number of households participating in the curbside recycling program in 1999. Failure to achieve this annual goal will result in the requirement that a plan be submitted for COUNTY approval that specifies the efforts the CITY will undertake to increase the recycling percentage within 90 days of the submittal of the municipal year-end report. . 2. At a minimum, the CITY shall collect the following materials at curbside: e. Newspaper and advertising supplements; Corrugated cardboard; Clear, brown, and green glass food and beverage containers; Metal food and beverage containers; All plastic bottles with a neck, except bottles that previously contained hazardous materials or motor oil; and M~e~7.ine~ ~nrl ~~t~lne~ a. b. c. d. f \ 3. The CITY must estimate its participation rate in the curbside recycling program during the month of October. Methodology for measuring participation must be approved by the COUNTY. . 4. The CITY shall submit, on forms provided by the COUNTY, a Final 2003 Report by February 15, 2004. 5. All grant funds accepted by the CITY from the COUNTY pursuant to this Agreement (SCORE Funds) shall be used to operate its Recycling Program, and for waste reduction and recycling capital and operating expenses related thereto, in the year granted. The CITY shall not retain any SCORE funds in excess of actual Recycling Program expenses. 6. The CITY may not charge its residents through property tax, utility fees, or any other method for that portion of the costs of its Recycling Program that is funded by SCORE funds. HCA Form No. 101 2003 (Revised 02/03) 2 . . 7. The CITY shall establish a separate accounting mechanism, such as a project number, activity number, cost center, or fund that will separate recycling and waste reduction revenues and expenditures from all other municipal activities, including solid waste and yard waste activities. 8. Recycling and waste reduction activities, revenues, and expenditures are subject to audit by the COUNTY. 9. If the CITY does not contract for curbside services, the CITY will receive SCORE funds provided that at lease ninety percent (90%) of the SCORE funds are credited back to residents and the CITY meets all minimum program requirements. The additional ten percent (10%) of SCORE funds may be used for CITY administrative and promotional expenses. 3. METHOD OF COMPENSATION a. The COUNTY will distribute SCORE funds only to the extent the COUNTY has received such funds from the State of Minnesota. The CITY will receive SCORE funds per the formula below: # of Households Serviced Curbside by CITY Total SCORE Revenue X Received by COUNTY from State of Minnesota SCORE Funds = Distributed to CITY Total # of Households Serviced Curbside in COUNTY b. The COUNTY shall pay the CITY an amount not to exceed Twenty-one thousand four hundred sixty dollars ($21,460). This amount is based upon previous SCORE fund amounts received by the COUNTY. Under no circumstances will the COUNTY's obligation of SCORE fund distribution exceed the CITY's proportion of SCORE fund revenues received by the COUNTY. c. The SCORE fund payment will be forwarded after the COUNTY Board receives and approves this Agreement signed by an authorized official of the CITY. 4. INDEPENDENT CONTRACTOR The CITY shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the HCA Form No. 101 2003 (Revised 02/03) 3 relationship of co-partners between the parties hereto or as constituting the CITY as the agent, representative, or employee of the COUNTY for any purpose or in any manner whatsoever. The CITY is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The CITY represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the CITY or other persons while engaged in the performance of any work or services required by the CITY under this Agreement shall ,have no contractual relationship with the COUNTY, and shall not be considered employees of the COUNTY. Any and all claims that mayor might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the CITY, its officers, agents, contractors, or employees shall in no way be the responsibility of the COUNTY. The CITY shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. . 5. INDEMNIFICATION AND INSURANCE a. The CITY agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, - --\ causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the CITY, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the CITY to perform fully, in any respect, all obligations under this Agreement. . b. In order to protect the CITY and those listed above under the indemnification provision, the CITY agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force insurance, either under a self-insurance program or insurance policies as follows: Limits (1) Commercial General Liability on an occurrence basis with contractual liability coverage: ReA Form No. 101 2003 (Revised 02/03) 4 . . General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence-Combined Bodily Injury and Property Damage $1,000,000 1,000,000 1,000,000 1,000,000 (2) Workers' Compensation and Employer's Liability: Workers' Compensation If the CITY is based outside the State of Minnesota, coverage must apply to Minnesota law Statutory Employer's Liability. Bodily injury by: Accident-Each Accident Disease-Policy Limit Disease-Each Employee 100,000 500,000 100,000 (3) Professional Liability-Per Claim and Aggregate 1,000,000 The professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement. c. The above establishes minimum insurance requirements. Copies of insurance policies shall be promptly submitted to the COUNTY upon written request. --\ 6. DATA PRIVACY CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. CITY agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from City's officers', agents' , owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 7. RECORDS - A V AILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as maybe amended), the CITY agrees that the COUNTY, the State Auditor, the Legislative Auditor HCA Form No. 101 2003 (Revised 02/03) 5 or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the CITY and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of this Agreement and for six (6) years after its termination or cancellation. 8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS 9. a. The CITY binds itself, its partners, successors, assigns and legal representatives to the COUNTY in respect to all covenants, agreements and obligations contained in the contract documents. The CITY shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, nor assign any monies due or to become due to it hereunder without the prior written consent of the COUNTY. . b. Permission to subcontract, however, shall under no circumstances relieve the CITY of its liabilities and obligations under the Agreement. Further, the CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the herein specified contractual services, and ofperson(s) directly or indirectly employed by subcontractors. Contracts between the CITY and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions herein specified. A consent to assign shall be accomplished by execution of a form prepared by the COUNTY and signed by the CITY, the assignee and the COUNTY. --\ MERGER AND MODIFICATION . a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION a. If the CITY fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall HCA Form No. 101 2003 (Revised 02/03) 6 . . constitute a default. Unless the City's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY for delaying payment until the City's compliance. hl the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to the CITY. b. Notwithstanding any provision of this Agreement to the contrary, the CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by the CITY. c. Upon early termination or cancellation of this Agreement, the CITY shall itemize any and all SCORE Funds expenditures up to the date of termination or cancellation and return such SCORE Funds not yet expended. d. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this contract, law, statute, rule, and/or equity. e. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. f. This Agreement may be canceled with or without cause by either party upon thirty (30) days' written notice. g. In the event the COUNTY does not receive any SCORE Funds, this Agreement will be terminated upon written notice by the County. 11. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities ofthe Department of Environmental Services so as to accomplish the purposes of this contract, Carl Michaud, Solid Waste and Recycling Program Manager, or his or her successor, shall manage this contract on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. 12. COMPLIANCE The CITY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances pertaining to solid waste reduction, management, and recycling in force or hereafter enacted. ReA Form No. 1012003 (Revised 02/03) 7 13. PAPER RECYCLING The COUNTY encourages the CITY to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the COUNTY Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph ofthe Agreement. . 15. PROMOTIONAL LITERATURE CITY agrees that the terms ''Hennepin COUNTY" or any derivative thereof shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 16. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this contract and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the COUNTY of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties . will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF P AGE INTENTIONALLY LEFT BLANK. ReA Form No. 101 2003 (Revised 02/03) 8 . . COUNTY BOARD APPROVAL CITY OF SHOREWOOD, having signed this Agreement, and the Hennepin COUNTY Board of Commissioners having duly approved this Agreement on the _ day of , and pursuant to such approval, the proper COUNTY officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form and execution COUNTY OF HENNEPIN STATE OF MINNESOTA Assistant COUNTY Attorney Date: By: Chair of Its COUNTY Board ATTEST: Deputy/Clerk of COUNTY Board And: Assistant/Deputy/COUNTY Administrator RECOMMENDED FOR APPROVAL By: Director, Dept. of Environmental Services Date: \ CITY OF SHOREWOOD By: Its: Hayor And: Its: City Administrator CITY organized under: Statutory Option A_ Option B Charter_ HCA Form No. 101 2003 (Revised 02/03) 9 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: Larry Brown, Director of Public Works Craig W. Dawson, City Administrator . DATE: August 11, 2003 RE: Consideration of a Motion Establishing Fall Cleanup Staff is recommending that Saturday, October 25, 2003 be established as Fall Cleanup Day. This date falls before Halloween Eve and falls on the same date as the Annual Tonka Rake- A- Thon. Staffwill collect bids from three waste companies for review. If acceptable, a motion approving October 25,2003 as the FaIl Cleanup date would be in- order. . #-3G #. t.J PRINTED ON RECYCLED PAPER . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works Jft/ FROM: DATE: August 4, 2003 RE: Resolution Accepting Final Improvements for State Trunk Highway 7 & 41 Improvement Project S.P. 1008-58 City Project 98-05 The final paperwork, lien waivers and accounting for the State Highway 7 & 41 Reconstruction Project has been received and processed. The City Council may recall that this project was performed as a cooperative agreement project with the Minnesota Department of Transportation. Staff is recommending approval of the attached resolution that accepts the final improvements. A resolution is attached for your consideration. ::J:t3D n t.J PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 03-_ A RESOLUTION ACCEPTING FINAL IMPROVEMENTS FOR TRUNK HIGHWAYS 7 AND 41 RECONSTRUCTION PROJECT S.P. 1008-58, CITY PROJECT 98-05 WHEREAS, the City of Shorewood has entered into a contract with Hardrives, Inc. for City Project 98-05, State Trunk Highway 7 and 41; and WHEREAS, the Contractor has petitioned for final acceptance of the project based on work performed to date; and WHEREAS, the City's Engineer has reviewed said Improvement and declares that the Improvement appears to conform to the approved plans and specifications. NOW, THEREFORE, BE IT RESOLVED that: . The City hereby accepts the work completed, pursuant to a one year guarantee provided for in said contract for construction and shalf commence as of the date of this resolution subject to the following items: 1. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requinng withholding State Income tax; and 2. Evidence in the Form of an affidavit that all claims against the Contractor by reasons of the Contract have been fully paid or satisfactorily secured. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of August, 2003. . WOODY LOVE, MAYOR ATTEST: CRAIG w. DAWSON, CITY ADMINISTRATOR . (-~ 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cl.shorewood.mn.us. cityhall@cLshorewood.mn.us CITY OF SHOREWOOD MEMORANDUM DA TE: August 6, 2003 TO: Mayor and City Council Members Craig W. Dawson, City Administrator ~ Southwest LRT Regional Trail Winter Use Permit FROM: RE: Three Rivers Park District manages the Hennepin County Regional Railroad Authority (HCRRA's) Southwest LRT Regional Trail. It requires that cities maintain the Trail during the winter (November 15 through March 31) for specific activities listed in their Winter Use Permit. Staff has prepared the 2003-2004 permit application with the following activities being identified: hiking, biking, snowshoeing, cross-country skiing, pet walking, and horseback-riding. These activities remain unchanged :from last year. . RECOMMENDATION Staff recommends that the City Council authorize the submission of the Winter Use Permit for 2003-2004 to Three Rivers Park District. =/toE ,. '-.1 PRINTED ON RECYCLED PAPER _.1 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT REGIONAL TRAIL SYSTEM 2003-2004 WINTER USE PERMIT Name of City Shorewoorl City Hall Phone 9')2-474-171(" Contact Person Craig W. Dawson Phone 952-474-3236 Regional Trail ~ through the City of Shorewood,te. Authorized 2003-2004 Winter Activities hiking, biking, snow shoeing, cross conntry skiing, pet walking and horseback riding Regional Trail From Authorized 2003-2004 Winter Activities to . Regional Trail From Authorized 2003-2004 Winter Activities to Regional Trail From Authorized 2003-2004 Winter Activities to Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities between November 15, 2003 and March 31, 2004, as determined by each municipality within guidelines set forth herein on District property located within individual City boundaries. -- ----- -- It is understood and agreed that approval from the Park District Board of Commissioners is . contingent upon the following conditions: . The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the, andlor anyone for whose acts andlor omissions they may be liable for related to the winter use of the Regional Trail Corridor. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. . The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15, 2003-March 31, 2004. The City further agrees to immediately address all safety issues on or adjacent to trails. . The City will provide signage at locations approved by the Park District, notifying the public of authorized winter activities within its city limits; activities may include, but are '" . . not limited to, hiking, biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. Winter use signs must be installed by the City at designated locations prior to November 15,2003 and removed by the City no later than April 15, 2004. These signs are totally the responsibility of each municipality. · Snowmobiling is not allowed on asphalt trails. Permitted use for snowmobiles will be limited to direct crossing and/ or in areas where the snowmobile trail is kept from running on paved trails and bridges. If snowmobiling is permitted, cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. · The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. · The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/ or maintenance, including, but not limited to, bituminous/ concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. · The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 30, 2003, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: (Authorized Representative of the City) ohI/regional trails/winter use permit.regional trail system CITY OF SHOREWOOD. 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM . TO: FROM: DATE: SUBJECT: City Council ^~ Craig W. Dawson, City Administrator U~ August 7, 2003 Step Adjustment for Director of Finance Several circumstances merit a step adjustment for the Director of Finance, Bonnie Burton. . . Foremost among them is meritorious performance, as evidenced by the City's recent bond- rating upgrade, continued award of achievement for excellence in financial reporting by GFOA, and the smooth financial operation and added responsibilities ofthe Shorewood EDA. Director Burton has been the lead staff person in handling these activities. . These achievements have been possible due to Director Burton's extensive experience in municipal finance prior to joining the staff at Shorewood. As is often the case when new staff is hired, the employee starts at the bottom of the scale for the position and thus may not receive appropriate credit for the value that she/he may bring to the organization. . In terms of external comparability, Director Burton is paid five to fifteen percent less than the finance directors of Mound, Orono, and Wayzata, all of whom have similar levels of experience and responsibility. For these reasons, I am recommending that the Council authorize a step adjustment from Step 5 (three years) to Step 6 (four years), effective with and retroactive to the pay schedule adjustment that went into effect July 1,2003. The difference between Steps 5 and 6 is three percent. This adjustment will not have an effect on the City's pay equity plan. tf3f ... ~J PRINTEO ON RECYCLEO PAPER . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator ~ August 7, 2003 DATE: . SUBJECT: Selection of Consultant for City Hall Space Needs Analysis Background: The 2003 City budget includes up to $15,000 to conduct an analysis of space needs for city hall operations. Staff sent a Request for Proposal (RFP) to about a score of architectural or property management firms. Proposers were asked how they would address the following questions: i) ii) iii) . iv) v) vi) What are the current building space needs, in terms of facilities available and floor area, to conduct business operations and meetings in City Hall? What measures may be taken for the City to use its current space more efficiently? What space needs are likely in the five- to ten-year timeframe? What major improvements (e.g., roof, siding, windows, HV AC, basement moisture, mold protection) are necessary in the next ten years, and what are their likely costs? What expansion opportunities are feasible at the current facility? Should the City build a new city hall? If so, how much longer can the current city hall be functional and economical? What range of cost would be expected for a new city hall? Eight firms responded by the July 28 due date. The staff project team - Larry Brown, Bonnie Burton, Brad Nielsen, and myself - reviewed the proposals and decided that four firms should be invited for further discussion about their responses. These firms had a good understanding that the City sought a comprehensive feasibility study, not a recommendation that a new city hall should be built, within the budget for the study. The firms interviewed August 6 were: Ankeny Kell Architects Boarman Kroos Vogel Group (BKV Group) HTG Architects TSP One, Inc. n '-.1 PRINTED ON RECYCLED PAPER -it cr It City Hall Space Needs Analysis Consultant Selection August 11,2003, City Council Meeting Page 2 Staff Analysis: Based upon the written proposal, the presentation by the firm, responses to staff questions and subsequent discussion, the staff project team unanimously believes that Boarman Kroos Vogel (BKV) Group would provide the City with the most responsive and cost-effective analysis of city hall needs, and the feasible alternatives for the City Council to consider. Staffwas particularly impressed with the firm's depth of experience of the firm and its project team in municipal work, and its ability to provide guidance and appropriate leadership in the study process. This firm has provided service for several local government clients, including Orono, Maple Grove, Edina, Fridley, Vadnais Heights, St. Michael, Champlin, and Coon Rapids. The firm believes that it can complete the work in two to four months, depending on the schedule and the process that the City prefers. This schedule will allow for work sessions with the Council prior to preparation of the final report, and will fit in well with the schedule for preparation of the 2005-2009 Capital Improvement Program. There is a possibility that the Council may wish to designate funds to . address immediate city hall needs as it finalizes the 2004 budget in December. The firm proposes an hourly fee not to exceed $13,500, and estimates reimbursable expenses to be no more than $1,500. These costs are within the $15,000 available in the City's 2003 Budget. A copy ofBKV Group's proposal is available at the Office of the City Administrator. 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J. :!l- ~ !~ i~ il Is '":/!! g. ~~ ~., ~ != !I(~ :!I ", ~1lI M~ ilI~ ~ ~~ ;:Ii\! ilil i a:; ciii !- i Ii ~If ~1r ~ jb C d- !Z~ 3! 2!' i35 lil"'.'" I'll ~; lti!! h . =Ii! :li.l. il!~ ~ I <b wmlllll ( B 00 ~ I ) 00 B 8 ti o }"I ~LJ ~ ria ~ i~8 ZllJ!~ j~h 0.. ~l! oi!a z .~- 0' .... 6.... ".:.. ~ :t1e ~#,.- ~~ B B m @ - {]8~- 0\ - _ _ ..l. ~------------------------------ -;LI I I I cb . . ~ I , , I B I , I , , j I 0.. , 0 I % :::; , w I 0 I 0 _Jk ~~ - o. I ~h ..... I ~I ~ " 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: City Council , Craig W. Dawson, City Administrator /lit) _d/ Bonnie Burton, Director of Finance ~- Don Swandby, Liquor Operations Manager 1)~5 August 7, 2003 Authorization To Advertise for Bids for Remodeling of Liquor Store No.2 DATE: SUBJECT: . As the lengthy negotiations for a new lease for Liquor Store No.2 (Shorewood Village Center) were concluded two weeks ago, the City can now proceed with the remodeling of the new retail space. The City engaged the services of Jack Seaborne, of Seaborne Architects, in April to patti~ipate in the design of the new store. Mr. Seaborne has been working with staff and the Liquor Committee to develop plans and prepare specifications. As the plans have been refined and cost-estimated, it is apparent that construction will exceed $50,000 and hence necessitate the formal bid process to perform the work. Illustrations of the new store are attached; they include a perspective drawing, and the floor and ceiling/lighting plans. The store will have a clean appearance, mostly contemporary with some traditional accents. Flooring and visible walls will be predominantly taupe and sand in color. . Estimates of the various categories of work are as follows: Demolition: $ Framing & Ceiling (Part): Doors & Windows: Casework: Finishes: Signage: HV AC & Plumbing: Electrical: Contingencies & Overhead: Construction: $ 3,650 8,800 2,250 13,850 21,350 750 8,050 16,000 13.850 88,550 (To be put out to bid) Shelving: Beverage Cooler: Owner's Purchases: $ 16,450 55.000 $ 71,450 Subtotal: $160,000 for Construction & Equipment Architect's F ee/Reimburse: TOTAL PROJECT COST: $ 6.000 $166,000 n tJ PRINTED ON RECYCLEO PAPER -H=qB Authorization for Bids, Liquor Store No.2 August 11,2003, City Council Meeting Page 2 As agreed in the new lease, the landlord is providing a $30,000 allowance; thus the net cost of the construction and equipping of the space as planned is $130,000. Initial estimates of what the Liquor Enterprise could afford were in the range of$80,000 to $100,000. Staff and the Liquor Committee believe that the proposed project is feasible at the higher cost: 1) The fund balance for Liquor Store No.2 would be $100,000, which is the minimum that staff believes is financially prudent. 2) The experience of other liquor stores when a Cub or other grocery store opens shows a significant and sustained increase in sales. Mound Liquor (new liquor store, new Jubilee Foods): sales compared to same four- month period in prior year ranged from 11.5% to 25.8% . Edina Liquor (new Cub Foods): sales up 17.6% for entire year, Cub opened in spring Knollwood Liquor (private store, new Cub Foods): monthly sales up 19% to 33% compared to prior year after Cub opened across street Conservative estimates would attribute 10% to 15% increases in sales attributable to a new, large grocery store opening nearby. 3) The profit margin at Liquor Store No.2 has been around 25%., with approximately $1 million in sales. If there were a 10% to 15% increase in sales, there would be a $25,000 to $35,000 increase in profits. These additional profits would pay for the added cost of improvements_ _ within two years. RECOMMENDATION . The Liquor Committee and staff recommend that the Council adopt the Resolution authorizing advertisement for bids for construction work associated with the remodeling of Liquor Store No.2. Staff expects that the bids for the beverage cooler will be placed for consideration on the Council's agenda for August 25. Installation of the beverage cooler should, ifpossible, precede much of the construction work. The new Liquor Store No.2 should be ready to open during the last half of October 2003. CITY OF SHOREWOOD RESOLUTION NO. 03- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION REMODELING OF SHOREWOOD LIQUOR STORE #2 WHEREAS, pursuant to the proposed remodeling of the Shorewood Village Municipal Liquor store, plans and specifications were prepared by Seaborne Architects, and: WHEREAS, the City Administrator and Director of Liquor Operations have reviewed said plans and have found them to be in order. . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. Plans, specifications and estimates have been prepared for the construction and remodeling of the Shorewood Liquor Store # 2 located at the Shorewood Village Shopping Center. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids for the making of such purchase under such approved plans and specifications. The advertisement shall be published for 10 days, shall specify the work to be done, and shall state that bids will be publicly opened at 10:00 a.m. on September 3, 2003 in the City Hall Council Chamber. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of August, 2003. ATTEST: WOODY LOVE, MAYOR CRAIG C. DAWSON, CITY ADMINISTRATOR 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: City Council ^ l\. Craig W. Dawson, City Administrator lAJ fJ"'- < Don Swandby, Liquor Operations M'1eag~:.: Y' Bonnie Burton, Director of Finance ~ August 7,2003 Purchase of Shelving for Liquor Store No.2 (Shorewood Village Center) DATE: SUBJECT: . One of the key components for Liquor Store No.2 is shelving. The concept for the new space is to provide a fresh, sophisticated look and to emphasize wines. Shelving in the existing store is worn, has a dated appearance, and limits the number and presentation of wines. '-. Most notable would be the introduction of new "lay-down" wood wine shelving. Wine bottles are properly stored laying down on their sides, rather than upright on their bases. The new wine racks would allow 520 different wines to be displayed laying down. Currently, Liquor Store No.2 offers 180 different wines. The perimeter of the store would have metal shelving, black in color to match the framing of the beverage cooler and the ceiling. These shelves would display liqueurs, cordials, and lesser-quality wines. The Lozier brand provides the most desirable combination of quality and cost. . Staffhas obtained the following quotes for these shelving systems: Wood Dave Grotta Custom Wood Design 2-tier (52 wines per unit) $12,028.75 Tonka Wood Works 2-tier (52 wines per unit) $12,939.75 Wine Cellar Innovations 2-tier (40 wines per unit) 3-tier (60 wines per unit) $ 8,625.60 $16,500.50 All prices include sales tax. 1j:9G ". ~J PRINTED ON RECYCLED PAPER Purchase of Shelving for Liquor Store No.2 August 11,2003, City Council Meeting Page 2 Lozier (metal) AA Equipment Company $ 4,426.85 (includes sales tax and freight) Stan Morgan & Assoc., Inc. $ 5,378.25 (includes sales tax, excludes freight) There are two sellers of Lozier equipment in the metropolitan area, and AA Equipment is the authorized distributor. Additional Comments: The types and quantities of shelving are consistent with the concepts that the Liquor Committee has authorized staff to pursue. Existing shelving would be made available for purchase through advertising (e.g., through the League of Minnesota Cities and the Minnesota Municipal Beverage Association) or auction. Staff does not anticipate that much revenue will be made from the sale of this equipment. . RECOMMENDATION Staff recommends that Council authorize the purchase of shelving from: Dave Grotta Custom Wood Design for $12,028.75, as specified in its quote of July 15, 2003; and AA Equipment Company for $4,426.85, as specified in its quote of July 25, too3. The Liquor Enterprise Fund will be utilized for these purchases. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM DATE: August 6, 2003 TO: Mayor and Council Members Craig W. Dawson, City Administrator cb Setting the Date for a Joint Meeting of the City Council, Park Commission and Planning Commission . FROM: RE: The City Council held a work session with the Park and Planning Commissions on April 14, 2003. Council requested a second joint meeting be scheduled with the Park and Planning Commissions in August or September. The date of Thursday, September 4 is being suggested for this meeting. Council may decide to hold the joint meeting on September 4, or select an alternate date. As staff schedules do not permit an alternate date in September, possible alternate dates of Monday, October 6, or Wednesday, October 8, or Thursday, October 9 may be considered. . COUNCIL ACTION REQUIRED: A motion setting the date for the joint meeting of the City Council, Park Commission and Planning Commission. !, OD ;+-/ n '..1 PRINTED ON RECYCLED PAPER