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021003 CC Reg AgP ~l --.:; ~c-' '" ,.-1 "'-9 SCANNED CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 10, 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 Special Meeting Minutes, January 27,2003 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes, January 27,2003 (Att.-#2B Minutes) C. City Council Work Session Minutes, January 27,2003 (Att.-#2C 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.-#3A Claims List) B. Establishing Saturday, May 17,2003, as Spring Clean-up Day (Att.-#3B Public Works Director's memorandum) C. Re-set Public Hearing Date for Disposition of Public Property, Vine StreetlManor Road (Att.-#3C Planning Director's memorandum) 4. D. Authorize the Mayor and City Administrator to Enter Into an Agreement for Old Chaska Road pavement removal (Att-#3D Public Works Director's memorandum) E. I+uc.fAori?e -Me C41y ~ A-iJpl'-j -fuY-.a. ;2. DO 3 R-ecydfJ 6~+- ~O( k,(~'-t-f,()n of: 4P"..f,-dc..+- OJjH/ t=1-etvt.(f1n LO/NI-!y MA TIERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS A. Report on Park Commission Meeting and Work Session Held February 4, 2003 (Att.- #5A Draft Minutes) . -' c... ~ITY COUNCIL AGENDA - February 10,2003 PAGE20F2 B. Approval to Enter Into Agreement for Park Coordinator Services (Att.-#5B Public Works Director's memorandum, Agreement) C. Smithtown RoadTrail (Att.-#5C Public Works Director's memorandum) 6. PLANNING - Report by Representative 7. GENERAL A. Discussion on County Road 19 Options (Att.-#7A Administrator's memorandum) B. Dog Ordinance Amendment (Att.-#7B Draft Ordinance) C. SLMPD Task Force for Joint Powers Agreement Amendments (Att.-#7C Administrator's memorandum) D. Administrative Penalty Provisions in Liquor License Ordinance (Att.-#7D Administrator's memorandum) 8. ENGINEERlNGIPUBLIC WORKS --.--.------.---.A. Pefifionto-PrepareFeasl6ilIty Study fofWi:ilermam lRtensfon for"SoorewooifVil1age-------------- Shopping Center (Att.-#8A Planning Director's memorandum) 9. REPORTS A. Administrator & Staff 1. County Road 19 Intersection 2. Public Safety Facilities 3. Smithtown Road 4. Rental Housing Code B. Mayor & City Council 10. ADJOURN .. . . , 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us SCANtI> .," ... .'1"~ .: ( CITY OF SHOREWOOD Executive Summary Shorewood City Council Regular Meeting Monday, 10 February 2003 Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: This item would set Spring Clean-up Day as Satllrday, May 17. As in past years, this weekend date falls between Mother's Day weekend and Memorial Day weekend. Agenda Item #3C: Last month the Council agreed to consider a partial street vacation at the end of Enchanted Point. The hearing notice did not make it into the paper in time to be published twice. Consequently, staff recommends that the public hearing originally scheduled for Monday night be rescheduled for 24 February. Agenda Item #3D: Recently, the City Council agreed with residents along Old Chaska Road that the roadway pavement could be removed, although the City would retain the right- of-way. The property owners would be responsible for the removal of pavement and for any improvements needed for their driveways within the right-of-way. Staff has prepared an agreement that may yet need modification by the City Attorney. Assuming that the City Attorney notes what modifications-if any-are needed prior to the Council meeting, staff recommends that the agreement be approved and authorized for execution. Agenda Item #5A Pat Arnst will give the report of the Park Commission to the Council. Agenda Item #5B: A committee comprised of two Park commissioners and three staff members interviewed four firms or individuals to provide park coordinator services under contract. The committee recommended, and the Park Commission agreed, that the services of Community Rec. Services be retained for 2003. A copy of this firm's proposal is included in the agenda report. Staff recommends that the Council authorize preparation of an agreement for services per the firm's proposal and, after approval by the City Attorney, execution of the agreement by the Mayor and City Administrator. ft ~J PRINTED ON RECYCLED PAPER .. Executive Summary - City Council Meeting of 10 February 2003 Page 2 of2 ~ Agenda Item #5C: The Park Commission held an informational meeting regarding paved off- street facilities along Smithtown Road in mid-January. It developed recommendations for such facilities at its February 4 meeting. The Commission believes that there should be a five-foot-wide concrete pedestrian facility on the north side of Smith town Road from the Victoria border to the Southwest Regional LRT Trail. It also identified alternatives should the Council not agree with the Commission's preferred option. As the proposed Resolution for Council consideration will be rather complex, it was not completed in time to include with the agenda packet. The proposed Resolution will be e-mailed to Council as soon as it is ready, and presented in hard-copy form at your seat at the Council table on Monday night. Approval of the Resolution requires a simple majority vote. Agenda Item #7A: For this meeting, Council requested that staff identify options to spur progress on the County Road 19 intersection project. The staff memorandum discusses a half-dozen or so alternatives that the Council may wish to pursue. We have received a request from Jim Grube, Transportation Director for Hennepin County, that the Council . delay action until he has a chance to address the Council about progress on February 24. Staff suggests that the Council set a work session for February 24 to discuss this matter. Agenda Item #7B: At the January 27 Council meeting, Council directed Staff to prepare an amendment to the dog ordinance to require dogs be on a six-foot leash on the Southwest Regional LRT Trail. This ordinance amendment will bring year-round consistency between the City's dog ordinance and the Three Rivers Park District's ordinance-as it pertains to restraint of pets on the Southwest Regional LR T Trail. Approval of the ordinance amendment requires simple majority vote. Agenda Item #7C: Following the debacle over its 2003 budget, the SLMPD Coordinating Committee decided that it would review amendments to the Joint Powers Agreement. One item would be to clarify the wording in the budget approval section of the Agreement. There was also consensus that other changes for approving the budget, including a dispute resolution process, needed to be explored. At its January 30 meeting, . the Coordinating Committee agreed to form a Task Force, which would be comprised of two elected officials from Shorewood and Excelsior and their respective city administrator/manager. It was also recommended that one of the elected officials be the mayor. The Council needs to appoint its two representatives to this Task Force. Agenda Item #7D: The City's current ordinance on liquor regulations (on-and off-sale) does not include an administrative penalty fee schedule for license violations. In the past, violations have been addressed on a case-by-case basis. Although there have not been numerous violations, Staff is recommending a penalty schedule be set to assure fairness and consistency from case to case. A draft ordinance amendment to the Liquor Regulations is provided for Council consideration, as well as a Resolution setting the administrative fines for liquor license violations. -: ~ . . Executive Summary - City Council Meetirtg of 10 February 2003 Page 3 of2 Agenda Item #8A: Shorewood Village Sh6pping Center, Inc., has petitioned the City to order a feasibility study for the extension of water main from its current location at Gillette Curve and Minnetonka Drive to the Shorewood Village Center. In the petition, it has agreed to pay the cost of the feasibility study in the event the project does not go forward. The current water policy requires a majority of property owners affected by the improvement to make the petition, unless approved by a four-fifths vote of the Council. . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, JANUARY 27,2003 5755 COUNTRY CLUB ROAD CITY HALL CONFERENCE ROOM 6:00 P.M. MINUTES l} \\~fl 1. CONVENE SPECIAL MEETING Mayor Love called the meeting to order at 6:05 P.M. A. Roll Call Present: Mayor Love; CounciImembers Garfunkel, Lizee, Turgeon, and Zerby Absent: None . B. Review Agenda Mayor Love reviewed the Agenda, noting the sole purpose of the meeting was to interview candidates for various City Commissions and Committees. 2. INTERVIEW CANDIDATES FOR COMMISSIONS AND COMMITTEES Candidates were interviewed for appointment to the Park Commission and Planning Commission. . Council interviewed Ms. Pat Arnst and Mr. Howard Young for openings on the Park Conmussion, and Mr. David A. Meyer and Mr. Jake Miller for opelUngs on the Planning Commission. Mr. Tim Beduhn withdrew as a candidate for the Park Commission. 3. ADJOURNMENT . Lizee moved, Zerby seconded, adjourning the City Council Special Meeting of January 27, 2003, at 7:03 P.M. Woody Love, Mayor ATTEST: Craig Dawson, City Administrator . ":fr ;{ /1 . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 27, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING D, fl>' IJ ~1 T'" , :, '\, ,,' ;.:;r I., '.I \ '0'," .. .... tl"tJ [J ft Mayor Love called the meeting to order at 7: 12 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None . B. Review Agenda Mayor Love reviewed the Agenda for the evening. Administrator Dawson requested Item 7G, Request for Partial Right-of-way Vacation for Enchanted Point, be added to this evening's Agenda. Mayor Love requested Item 1 C, Report from Excelsior Fire District (EFD) Chief Mark DuCharme on County Road 19 Intersection, be added to the Agenda as well. . Lizee moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 5/0. B. Report from EFD Chief DuCharme on County Road 19 Intersection . EFD Chief DuCharme stated Assistant EFD Chief George and he had discussed the important safety concerns regarding the County Road 19 intersection. He noted the intersection had been recognized as being problematic, and the use of a signalized light traffic control system was strongly encouraged, due to the increased demand on the intersection by public safety Staff, firefighters, emergency medical technicians, and residents all trying to utilize the intersection. He hoped that resolution between two cities could be made for the safety of all, and he wanted to express concern for this major intersection as the Public Safety Facility moved forward, without improvement to the intersection. In response to Councilmember Garfunkel' s personal observation of problems with trying to negotiate the intersection earlier in the day while emergency personnel was traveling through the intersection, Chief DuCharme also commented it would not be unusual for firefighters to respond from their homes to fire calls via this intersection. Councilmembers Zerby and Lizee expressed concern and frustration for the delay in moving the intersection project forward. Councilmember Lizee stated it was vital to the citizens of the area the project be supported by all municipalities and agencies involved in the project, and all parties make a change for the project to proceed. Council member Turgeon stated she thought mediation between all involved parties was imperative for resolution of this matter as she was very concerned for the safety of all people traveling through the . intersection currently, and even more so, once the Public Safety Facility was functioning. Councilmember Zerby stated this project had been in progress throughout the past five years, and part of the reason for the choice by numerous governing boards for the public safety site was the corrected =Ii- c2 6 REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 2 of7 intersection. He stated all communities would be served with increased safety for residents, and not only . those living within the Shorewood City limits. He noted traffic flowed through the intersection from numerous lake communities, and he anticipated this would only become more complicated after the emergency response vehicles were utilizing the intersection on a regular basis. Councilmembers Lizee and Turgeon expressed frustration with the amount of time it was taking to bring resolution to this situation. Councilmember Lizee questioned Attorney Keane about available options for remedy. Attorney Keane stated this situation was unique and thought ingenuity in crafting an approach and process would be beneficial for a meeting of all parties involved. Mayor Love stated representatives of Hennepin County requested two weeks' time to assemble all partners and responsibilities involved in the situation. Councilmember Turgeon stated she was concerned for loss of State Aids funds through budget cuts should the project be delayed any longer. Councilmember Zerby stated he would like an alternate plan involving some action to be taken by the . City also planned in the next two weeks, should progress by the County not take place. Council agreed with these plans. Mayor Love read an emailletter, dated 1-27-03, from South Lake Minnetonka Police Department Chief Bryan Litsey into the record regarding this matter. Chief Litsey stated the traffic engineering for the new West Side Public Safety Facility was predicated on the proposed redesign of the County Road 19 intersection at Smithtown Crossing, and leaving the intersection in its current state was not acceptable. . He offered to be part of any discussions on resolution of the matter. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 13, 2003 Garfunkel moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of . January 13,2003, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 13, 2003 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of January 13, 2003, as presented. Motion passed 5/0. C. City Council Work Session Minutes, January 13, 2003 Lizee moved, Garfunkel seconded, Approving the City Council Work Session Meeting Minutes of January 13,2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List . . . . . . REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 3 of7 B. Adopting RESOLUTION NO. 03-005. "A Resolution Approving Tree Trimmers License for 2003." C. Adopting RESOLUTION NO. 03-006, "A Resolution Supporting CDBG Funding for Senior Community Services." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PARKS A. Report on Park Commission Meeting Held January 14, 2003 Chair Arnst reported on matters considered and actions taken at the Park Commission Meeting on January 14,2003 (as detailed in the minutes of that meeting). 6. PLANNING Commissioner Gagne reported there had not been a meeting of the Planning Commission on January 21, 2003, as originally planned, thus, there was nothing new to report. A. Zoning Text Amendment and C.U.P. Applicant: St. John the Baptist Church rep. Cemetery of the Resurrection Location: 5555 Covington Road Director Nielsen stated there were two items for consideration this evening. The fIrst item was the draft Zoning Text Amendment presented to Council this evening, in which Item 8 was added for cemeteries regarding flush-mount headstones to be located no closer than 15 feet from a public right-of-way. The second item for consideration was the Conditional Use Permit which included a Findings of Fact that granted approval including a provision stipulated no gravesites were to be located within 43 feet of the side lot of the subject property that is also the rear or side lot line of the homes on Old Market Road. Councilmember Zerby stated he was pleased with the way the process in this case had allowed for resolution of issues between concerned neighbors and the applicant. Lizee moved, Turgeon seconded, Adopting ORDINANCE NO. 392. "An Ordinance Amending Section 1201.03 of the Shorewood Zoning Code-Yard Requirements." Motion passed 5/0. Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-007, "A Resolution Granting a Conditional Use Permit for the Expansion of S1. John the Baptist Church's Cemetery of the Resurrection." Motion passed 5/0. 7. GENERAL A. Dog Ordinance Discussion Administrator Dawson explained the City had received an email for a concerned resident inquiring about the City's dog ordinance, specifIcally relating to the Southwest LRT Trail. The resident asked the City to REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 4 of7 consider requesting dogs to be on a leash on that portion of the LRT Trail. Administrator Dawson noted . the Southwest LRT Trail was under the jurisdiction of the Three Rivers Park District during the period of April 1 through November 14. During that time period, an ordinance stated pets were required to be on a 6-foot leash. The City had a permit to use the Southwest LRT Trail from November 15 to March 31 for specific activities, including pet walking. The City's ordinance included restraint by a leash or chain within 10 feet of the person having custody and was obedient to the command of that person. Councilmember Turgeon stated she would like to see consistency between the ordinances and suggested the 6-foot leash law be enacted year-round on the trail, and for the City as a whole. Mayor Love stated he was comfortable with the change to a 6-foot leash on the trail, and he hoped the Three Rivers Park District would be willing to fund signage issues noting the change to bring conformance on the trail. Council agreed, and directed Staff to prepare an ordinance to amend the City's dog regulations on the Southwest LRT Trail only. B. Making Planning Commission Appointments On January 13 and January 27, 2003, the Council held interviews for openings on the Planning and Park . Commissions. Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-008, "A Resolution Appointing Deborah Borkon and Jim Pisula to serve on the Planning Commission through January 31, 2006. Motion passed 5/0. c. Making Park Commission Appointments . Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 02-009, "A Resolution Appointing Patricia Arnst and Howard Young to serve on the Park Commission through January 31, 2006. Councilmember Zerby stated he was pleased with all applicants, and he hoped the applicants would remain involved in any volunteer opportunities possible with the City. Motion passed 5/0. . D. Appointment to the Parks Foundation Zerby moved, Garfunkel seconded, Appointing Jon Guy to serve as a Parks Foundation Director through February 28, 2006. E. Making LMCC, LMCD and MCES Board Representative Appointments Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-010, "A Resolution Appointing Tad Shaw as the Minnetonka Community Education Services Board Representative, and Tom Skramstad, as the Lake Minnetonka Conservation District for the Year 2003." Council agreed to direct Staff to advertise for the Lake Minnetonka Cable Commission Representative position, as representation had not yet been found. Motion passed 5/0. F. Approval of 2003 Goals and Priorities . Administrator Dawson presented the final draft of the 2003 Goals and Priorities for Council approval. . . . . . REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 5 of7 Councilmember Turgeon requested additional consideration be given to providing a prioritization of the goals at a later meeting to bring further clarification to the tasks. Council would note its priorities on the list and submit them to Administrator Dawson for compilation. Turgeon moved, Lizee seconded, Approving the 2003 Goals and Priorities. Motion passed 5/0. G. Request for Partial Right-of-way Vacation for Enchanted Point Director Nielsen explained Rick and Carrie Halvorson had requested the City vacate a small triangle of undeveloped street right-of-way that juts into their property at 4495 Enchanted Lane. He went on the explain the Halvorsons were undertaking a significant remodeling project and were having difficulty meeting setbacks to their property from the right-of-way area. He requested Council consider setting a Public Hearing date on the matter for February 24, 2003. Turgeon moved, Zerby seconded, Setting a Date for a Public Hearing on February 24, 2003, for Request for Partial Right-of-way Vacation for Enchanted Point. Motion passed 5/0. 8. ENGlNEERlNGIPUBLIC WORKS A. Accepting the 2003-2007 Capital Improvement Program (CIP) Administrator Dawson explained the final draft of the 2003-2007 Capital Improvement Program (CIP) was before Council this evening for review and approval. Engineer Brown next reviewed the major components and changes to the CIP since the original draft had been discussed. He noted a great deal of time and effort had been placed in establishing the fund balances and plans for future projects. He also noted Staff had gone to great efforts. to streamline and smooth the "cost out" process utilized in bringing the CIP to its current format. Councilmember Garfunkel expressed concern for certain projects, which he had not found in the CIP, such as the County Road 19 project, Gideon Glen project, and other projects he knew had been discussed. Engineer Brown explained the CIP was considered to be an "implementation" document, and while Council knew these projects were progressing, they were not at the implementation stage, and thus not in the document. Engineer Brown anti~ipated this CIP would need to be revised once these projects were ready to be implemented. Councilmember Garfunkel responded he was still concerned for the inconsistencies in the approach to this CIP, and he would like to see the origin of the funding for various projects, and the needs of the projects in their scope, and how the funding then met up with the needs of the projects. Councilmember Zerby stated he thought this document should be a long-term financial planning document, and should have serious consideration and consensus in the philosophical implications of the document. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 02-011. "A Resolution Adopting the Capital Improvement Program for the Years 2003-2007." Councilmember Zerby stated he was quite concerned, as he did not think consensus on how the CIP was being used had been agreed upon, and he was also concerned for the "missing" projects and components associated with those projects in the document. Councilmember Turgeon stated she thought the philosophy of use of the CIP could be discussed and revised as needed at a later date, so that certain projects could move forward without delay. REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 6 of7 Administrator Dawson stated the CIP was considered a "living" document, and revision was anticipated . in June of this year to address projects of concern slated for 2003-2004. He noted the fIrst two years of a CIP were considered the most important with revisions to follow as the years progressed and projects needed updating. He also noted the CIP would set forth a practical work program, and he fully appreciated all comments stated by Council. Councilmember Zerby stated he viewed the CIP as having more serious consequences. Once approval was granted, he believed he was accountable to answer questions about projects that would be found in the CIP as well as any subsequent future decisions related to approved projects found within the CIP. He suggested Staff revise the CIP to include projects and areas of concern. Garfunkel moved, Zerby seconded, a Motion to Amend by removing the Paragraph in Resolution NO. 02-011, beginning with "Be It Further Resolved...." Councilmember Zerby stated he would support the resolution with this amendment as it spoke more to the design and intent of the document in his opinion. Councilmember Lizee stated she was concerned the amendment would impede progress to be made in the Year 2003 projects outlined in the CIP. . Attorney Keane clarifIed Council was obligated by Statute to adopt the CIP. Updates would and should be considered on an annual basis. The fIrst year detailed in the CIP had been appropriated through the City's budget process, and the second year would be reflected in the 2004 budget. Years 3 through 5 should be viewed as planning aspirations, with each year taking steps to budget. appropriate, and spend toward those projects. He noted these projects would most certainly become clearer as the years passed, and needs became clearer. He also noted all projects would need to be approved before actual implementation, except for those projects and purchases funded by the equipment fund. . Councilmember Turgeon stated she believed Council was bordering on micromanaging the CIP and Staff. Garfunkel withdrew the motion to Amend Resolution No. 02-011. Mayor Love stated he appreciated the concerns expressed by Council and discussions Council held in . making it accountable to the CIP. He stated he believed approval of the CIP would not grant approval to all projects found within its covers, but would allow Staff to begin the appropriate processes necessary to explore the needs of each project. Mayor Love recessed the meeting at 9:03 P.M. and reconvened the meeting at 9: 12 P.M. Councilmember Zerby stated he the intent of the document still remained unclear, and as such, he could not support it. Lizee moved, Turgeon seconded, Amending the Original Motion to Approve by including the Paragraph in Resolution No. 03-011, title "Be It Further Resolved.....only those projects identified to be undertaken in the Year 2003." Councilmember Turgeon explained she viewed the CIP projects detailed for the Year 2003 were to be included in the 2003 budget. with expenses shown in the Year 2004 as imminent for the next year. Depending on other factors and funding, she anticipated revision of the CIP by July of each year, as the CIP was a "living document." . J .. . . REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 7 of7 Councilmember Zerby stated he likened the CIP to a train on a track, and he did not believe the train was ready to move forward. Lizee called the question. Motion passed 4/1, with Zerby dissenting. 9. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated there was nothing further to report on this matter at this time. 2. Public Safety Facilities Administrator Dawson noted the good weather had helped the project to remain on schedule, with excess dirt on the site to be graded out over the reminder of this site and the Public Works facility site. 3. Smithtown Road Administrator Dawson stated an Open House had been conducted regarding the residents' interest in this project. The Park Commission was meeting on January 28, 2003, to tally all votes on the project, and more information would be reported at the next Council meeting. . Administrator Dawson then reported on various legal issues pending with the City. B. Mayor & City Council . . Mayor Love stated he had met with the Minnehaha Creek Watershed District on various items to bring resolution to the County Road 19 intersection project and the Gideon Glen project. 10. ADJOURN Zerby moved, Turgeon seconded, Adjourning the Regular City Council Meeting of January 27, 2003, at 9:28 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator . . . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, JANUARY 27, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 8:30 p.m. or following EDA Meeting MINUTES 1. CONVENE WORK SESSION MEETING ffltlAFr Mayor Love convened the meeting at 9:45 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Attorney Keane B. Review Agenda Without objection from the Council, Mayor Love proceeded with the Work Session Agenda for this evening. 2. Water Systems, Ordinance, and Policies Administrator Dawson explained that during discussions on the 2003 budgets, Council expressed concerns about the financial condition of the Water Fund. In review of this fund, Council also requested review of the physical infrastructure of the City's water system as well as the Water Ordinance and policies related to extension of City water services. He further noted Staff had spent several weeks sorting through historical data related to the current state of water affairs in the City. Many philosophical shifts had taken place regarding policies in effect, what exceptions had been recognized, and how best to proceed with plans for expansion of the infrastructure. As a result, discussions held this evening would most likely lead to other discussions of ordinance and policies. Engineer Brown then provided Council with an overview of the City's water system. He explained the City's water system was comprised of five separate systems, encompassing seven wells to service residents. He noted these separate systems had been installed in a manner to take opportunities to connect them. All of the existing wells, storage tanks, and watermains were necessary for the individual systems to operate, and all would be needed when they could be connected. Engineer Brown then thanked and commended Engineering Technician Boyd Bailey for his fine work in developing a mapping system of the physical infrastructure of the water system for the City. Engineer Brown went on to explain the well facilities in terms of aquifers drawn upon, well depth, year of installation, reserve storage tanks, as well as detailed explanations of status of each well system, and subsequent interconnections. Next, he reviewed the description of each well system, permitted volumes, actual usage, number of connections, permitted allocations for each well, in addition to connections with other municipalities. He stated there were two recommended changes for maximum optimization of the City's well systems, including the interconnection of the Woodhaven Well to the City of Excelsior's water system, and the interconnection of the Amesbury Well system with the Southeast Area water system. -:#- (~G CITY COUNCIL WORK SESSION MEETING MINUTES January 27, 2003 Page 2 of2 Councilmember Zerby questioned the original plan for the water system when the storage towers were . built. Engineer Brown explained the water towers had been designed to hold and supply the entire line with existing wells and interconnected towers. Since there had been additions to the system, and the system had been a bit more overused than originally expected. He also noted that changes in the latest version of the Uniform Fire Code may result in larger watermains in order to complete the system. Mayor Love questioned whether community-wide discussions had taken place with regard to potential water system connections in neighboring municipalities. Engineer Brown responded attempts had been made asking for initial dialogue on the matter, but many municipalities were quite territorial about the issue. In response to Councilmember Lizee's question about identification of potential problems and priorities within the current water system, Engineer Brown stated technicalities had been evaluated and prioritized with regard to the system. Mayor Love stated he would like to establish certain policies and guidelines to help municipal . negotiations in discussing water connections. Councilmember Zerby commented it seemed as though a philosophical shift had taken place over time in how best to connect to the City's water system. Engineer Brown questioned what changes could be made to current policy to enable additional connections and expansion of the current water system. While Council indicated a full discussion of this issue should take place at another Work Session, Mayor Love stated opportunities for expansion and interconnection should be defined, especially in terms of new development within the City and/or commercial development. Council agreed. . Discussion ensued regarding the potential factors related to establishing policy for feasibility studies, such as number of potential connections, location, and economics of any potential expansion. Discussion continued regarding the responsibility of the City toward bearing the cost of any feasibility study with regard to the City water system. . Council agreed to continue discussions on these issues at a later date, as well as attempting to define policies, and review ordinances for potential changes and expansion opportunities. 3. Adjourn Garfunkel moved, Lizee seconded, Adjourning the Work Session Meeting of January 27, 2003, at 11: 38 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator . J PAYABLESAPPROVALS For 2/10/03 Council Meeting . ~~&L Prepared by: ca~ntant Reviewed by: Bonnie Burton Fina irector . Date: ;2 -&r-03 Date: ()~6;0-3 Date: 02.'D{,.03 #JA ~ Check Approval List for 02/10/03 Council Meeting Check # Vendor Name Description Check Date Invoice # Amount 34538 US POSTMASTER PSTG FOR FEB 2003 NE 1/28/2003 $805.10 TOTAL FOR US POSTMASTER $805.10 34539 AFSCME COUNCIL 14 FEB 2003 UNION DENTAL 1/30/2003 $270.20 TOTAL FOR AFSCME COUNCIL 14 $270.20 34540 ANCHOR PAPER COMPA COPIER PAPER 1/30/2003 14336170 $289.50 TOTAL FOR ANCHOR PAPER COMPANY $289.50 34541 ANDERSON, KRISTI B. 2ND HALF JAN 2003 SVC 1/30/2003 $150.00 TOTAL FOR ANDERSON, KRISTI B. $150.00 34542 ARCTIC GLACIER INC 1/30/2003 DC302007 $48.40 TOTAL FOR ARCTIC GLACIER INC $48.40 34543 AT&T WIRELESS SERVI 1130/2003 4160966-0 $202.44 34543 AT&T WIRELESS SERVI 1/30/2003 4160966-0 $102.07 34543 AT&T WIRELESS SERVI 1/30/2003 4160966-0 $130.29 TOTAL FOR AT&T WIRELESS SERVICES $434.80 34544 BURTON, BONNIE OFFICE SUPPLI ES 1130/2003 $40.98 TOTAL FOR BURTON, BONNIE $40.98 34545 CATCO PARTS AND SER 1/30/2003 3-10189 $65.11 TOTAL FOR CATCO PARTS AND SERVICE $65.11 34546 COMMISSIONER OF TRA BITUMINOUS CLASS REG 1/30/2003 $100.00 TOTAL FOR COMMISSIONER OF TRANSPORT $100.00 34547 ELKE, CATHERINE JAN MILEAGElEXP 1/30/2003 $17.00 34547 ELKE, CATHERINE JAN MILEAGElEXP 1/30/2003 $38.34 TOTAL FOR EIJK.E, CA7'HERINE $55.34 34548 EXTREME BEVERAGE 1/30/2003 100383 $32.00 34548 EXTREME BEVERAGE 1/30/2003 100386 $32.00 TOTAL FOR EXTREME BEVERAGE $64.00 34549 FORTIS BENEFITS INS C FEB 2003 STD PREM 1130/2003 $76.50 34549 FORTIS BENEFITS INS C FEB 2003 STD PREM 1130/2003 $9.00 34549 FORTIS BENEFITS INS C FEB 2003 STD PREM 1/30/2003 $9.00 TOTAL FOR FORTIS BENEFITS INS CO $94.50 34550 GOPHER STATE ONE-CA DEC SVC 1/30/2003 2120694 $10.07 34550 GOPHER STATE ONE-CA DEC SVC 1/30/2003 2120694 $10.08 TOTAL FOR GOPHER STATE ONE-CAU, IN $20.15 34551 HERMEL WHOLESALE 1/30/2003 394562 $461.44 34551 HERMEL WHOLESALE 1/30/2003 394564 $164.80 TOTAL FOR HERMEL WHOLESALE $626.24 34552 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 1 1/30/2003 302131-01 $995.68 TOTAL FOR ICMA RETIREMENT TRUST-457 $995.68 34553 J & R RADIATOR CORP. REBUILD RADIA TOR-W AT 1/30/2003 0012272 $623.27 TOTAL FOR J & R RADIATOR CORP. $623.27 34554 LEAGUE OF MN CITIES LEADERSHIP CONF. L TU 1/30/2003 1-0000126 $175.00 TOTAL FOR LEAGUE OF MN CITIES $175.00 34555 LOCAL LINK USA BUSIN FEB WEB SVC 1130/2003 95220466 $99.95 TOTAL FOR WCAL liNK USA BUSINESS SERVIC $99.95 34556 LUGOWSKI, JOSEPH SEC 125 REIMBURSEME 1130/2003 $99.53 TOTAL FOR LUGOWSKI.. JOSEPH $99.53 . . "Th':,;;il:;;''';;b;~:;ry06;2"003'''''''\C'"'";:='''''C''''''1T.'o;r.;:~''o;',,,,,,,..'lZ"',"'''''-'''''.''''<,''''''':;''';:':;;;''''''',"',;:''''',};;;,''''''"M",;:,,",".co",;'r.s,"".m;'''')=;='='' '''',"-;:;",'''CC?i..'''';;;;''''''"P~~;1;:~}7' Check# Vendor Name Description Check Date Invoice # Amount 34557 MARK VII 1130/2003 504 $9.00 34557 MARK VII 1/30/2003 531 $1.43 34557 MARK VII 1/30/2003 565 $6.75 TOTAL FOR MARK VII $17.18 34558 MENARDS COUNTERTOP LAMINATE 1/30/2003 97347 $169.34 TOTAL FOR MENARDS $169.34 34559 MIDWEST COCA-COLA B 1/30/2003 63258136 $124.75 34559 MIDWEST COCA-COLA B 1130/2003 63258268 $142.20 34559 MIDWEST COCA-COLA B 1130/2003 63258276 ($1.72) 34559 MIDWEST COCA-COLA B 1130/2003 63258284 ($3.20) TOTAL FOR MIDWEST COCA-COLA BOTTLIN $262.03 34560 MIDWEST CRANE ANNUAL INSPECTIONS 1/30/2003 0044636-1 $340.00 TOTAL FOR MIDWEST CRANE $340.00 34561 MINN NCPERS GROUP L FEB PREM 1/30/2003 $12.00 TOTAL FOR MINN NCPERS GROUP UFE INS $12.00 34562 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 1/30/2003 $173.51 TOTAL FOR MN CHILD SUPPORT PMI' CTR $173.51 . 34563 MN SUN PUBLICATIONS COMP PLAN AMEND-CAP 1/30/2003 571143 $50.05 34563 MN SUN PUBLICATIONS PRELIM PLAT-STRATEGI 1130/2003 571144 $50.05 34563 MN SUN PUBLICATIONS VARIANCE-D. LAROSE 1/30/2003 571145 $46.47 TOTAL FOR MN SUN PUBUCA TIONS $146.57 34564 NEXTEL COMMUNICATI 1/3012003 $37.07 34564 NEXTEL COMMUNICATI 1/30/2003 $37.07 TOTAL FOR NEXTEL COMMUNICATIONS $74.14 34565 PAZANDAK, JOSEPH MILEAGE 1/13 - 1/24/03lS 1/30/2003 $67.34 34565 PAZANDAK, JOSEPH MILEAGE 1/13 - 1/24/03/S 1130/2003 $8.05 TOTAL FOR PAZANDAK, JOSEPH $75.39 34566 PEPSI COLA COMPANY 1/30/2003 41285831 $38.40 TOTAL FOR PEPSI COLA COMPANY $38.40 34567 PERA PAYROLL DEDUCTIONS 1 1/30/2003 $2,114.11 34567 PERA PAYROLL DEDUCTIONS 1 1/30/2003 $2,292.39 TOTAL FOR PERA $4,406.50 . 34568 PRUDENTIAL INS CO OF FEB 2003 LIFE PREM 1/30/2003 $3.90 34568 PRUDENTIAL INS CO OF FEB 2003 LIFE PREM 1/3012003 $3.90 34568 PRUDENTIAL INS CO OF FEB 2003 LIFE PREM 1/30/2003 $37.05 34568 PRUDENTIAL INS CO OF FEB 2003 LIFE PREM 1/30/2003 $75.55 TOTAL FOR PRUDENTIAL INS CO OF AMERICA $120.40 34569 QUALITY WINE & SPIRIT 1/30/2003 208963-00 ($6.67) 34569 QUALITY WINE & SPIRIT 1/30/2003 214513-00 ($13.11) 34569 QUALITY WINE & SPIRIT 1/30/2003 215199-00 ($79.95) 34569 QUALITY WINE & SPIRIT 1/30/2003 216947-00 ($28.00) 34569 QUALITY WINE & SPIRIT 1/30/2003 218527-00 $79.15 34569 QUALITY WINE & SPIRIT 1/30/2003 218no-00 $63.31 34569 QUALITY WINE & SPIRIT 1/30/2003 218770-00 $922.36 34569 QUALITY WINE & SPIRIT 1/30/2003 218772-00 $484.71 TOTAL FOR QUAUTY WINE & SPIRITS CO $1,421.80 34570 QWEST DEX 1/30/2003 01329440 $79.30 TOTAL FOR QWEST DEX $79.30 34571 SEARS COMMERCIAL C SCREW DRIVERS/HOSE 1/30/2003 0726913 $218.46 34571 SEARS COMMERCIAL C TOOLBOX 1/30/2003 0726914 $28.90 34571 SEARS COMMERCIAL C TOOLBOX 1/30/2003 0726914 $28.90 Check # Vendor Name Description Check Date Invoice # Amount TOTAL FOR SEARS COMMERCIAL CREDIT $276.26 34572 SUN PATRIOT NEWSPA PUD REQ-CAPESTONE B 1/30/2003 488 $35.82 34572 SUN PATRIOT NEWSPA PUB HEARING-STRATEGI 1/30/2003 489 $31.84 34572 SUN PATRIOT NEWSPA VARIANCE - D. LAROSE 1/30/2003 490 $29.85 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $97.51 34573 TIERNEY BROS INC LABELING CARTRIDGES 1/30/2003 429016-1 $188.23 TOTAL FOR TIERNEY BROS INC $188.23 34574 TOWLE REAL ESTATE C FEB RENT 1/30/2003 $4,679.49 TOTAL FOR TOWLE REAL ESTATE COMPANY $4,679.49 34575 TURGEON, LAURA JAN 2003 EXP REPORT 1/30/2003 $18.19 TOTAL FOR TURGEON, LAURA $18.19 34576 TWIN CITY WATER CLlNI DEC 2002 BACTERIA ANA 1/30/2003 9456 $60.00 TOTAL FOR TWIN CITY WATER CUNIC $60.00 34577 UNIVERSITY OF MINNES REG FEE -MUNICIPALS 1130/2003 $48.00 TOTAL FOR UNIVERSITY OF MINNESOTA $48.00 34578 UNUM LIFE INSURANCE FEB 2003 L TO PREM 1130/2003 $17.79 34578 UNUM LIFE INSURANCE FEB 2003 L TD PREM 1130/2003 $20.52 34578 UNUM LIFE INSURANCE FEB 2003 L TO PREM 1130/2003 $235.28 . TOTAL FOR UNUM UFE INSURANCE CO $273.59 34579 ALCOHOL & GAMBLING LIQUOR BUYERS CARD # 2/6/2003 $20.00 34579 ALCOHOL & GAMBLING LIQUOR BUYERS CARD # 2/6/2003 $20.00 TOTAL FOR ALCOHOL & GAMBUNG ENFORCEMENT $40.00 34580 C.H CARPENTER LUMBE LUMBER FOR SIDEBOAR 2/6/2003 463638 $56.15 TOTAL FOR C.H CARPENTER LUMBER $56.15 34581 CHAMPION AUTO STOR MISC SHOP PARTS 2/6/2003 178958 $3.17 34581 CHAMPION AUTO STOR MISC SHOP SUPPLIES 2/6/2003 179553 $130.89 34581 CHAMPION AUTO STOR TOGGLE SWITCH 2/6/2003 179876 $6.38 TOTAL FOR CHAMPION AUTO STORE #344 $140.44 34582 COVERALL OF THE TWI FEB 2003 SVC 2/6/2003 73188 $335.48 TOTAL FOR COVERALL OF THE TWIN CITIES IN $335.48 34583 DONALD SAL VERDA & A ADVANCED EFFECT MG 2/6/2003 $600.00 TOTAL FOR DONAW SALVERDA & ASSOCIATES $600.00 34584 EAST SIDE BEVERAGE CREDIT ON OLD INV 2/6/2003 297583C ($17.50) . 34584 EAST SIDE BEVERAGE 2/6/2003 346604 $39.20 34584 EAST SIDE BEVERAGE 2/6/2003 346604 $1,663.25 34584 EAST SIDE BEVERAGE 2/6/2003 346607 $285.65 TOTAL FOR EAST SIDE BEVERAGE COMPAN $1,970.60 34585 HOISINGTONIKOEGLER DEC SVCS-FREEMAN PK 2/6/2003 $46.45 TOTAL FOR HOISINGTON/KOEGLER GROUP $46.45 34586 HOME SECURITY STOR AUTODIALER FOR AMES 2/6/2003 0038102-1 $186.00 TOTAL FOR HOME SECURITY STORE INC $186.00 34587 HOPKINS PARTS COMP MIRROR/FUEL FILTERS 2/6/2003 99168 $46.41 34587 HOPKINS PARTS COMP FUEL FILTER CREDIT 2/6/2003 99245 ($14.29) TOTAL FOR HOPKINS PARTS COMPANY $32.12 34588 KAR PRODUCTS SHOP SUPPLIES 2/6/2003 90004094 $336.60 TOTAL FOR KAR PRODUCTS $336.60 34589 KEEFE, SALLY JAN 2003 STMT 2/6/2003 $455.00 34589 KEEFE, SALLY JAN 2003 STMT 2/6/2003 $150.00 TOTAL FOR KEEFE, SALLY $605.00 34590 LEAGUE OF MN CITIES 2003 EXP CONF - W. LOV 2/612003 1-0000124 $175.00 ;_\.~-'.'i.Jc,;;.;-,.,!:~;1!I~~O!;':r.W,$li~\?;;.\~:~',ii,:.I;.:!;'::'~.) 'J 0101,2003 Page 3 of7 Check# Vendor Name Description Check Date Invoice # 34591 Amount 34592 34592 34593 34594 34595 34596 34597 . 34598 34599 34600 34600 34600 34600 34600 34600 34600 34600 34601 34601 . 34602 34602 34602 34603 34604 34605 34606 34607 34608 34608 34608 34608 TOTALFOR MARK VII METRO SALES, INC. PRIPORT INK TOTAL FOR METRO SALES, INC. MINNESOTA NURSERY REG FEE - B NIELSEN 2/6/2003 TOTAL FOR MINNESOTA NURSERY & LANDSCAPE MTI DISTRIBUTING COM THERMOSTAT 2/6/2003 338496-00 TOTAL FOR MTI DISTRIBUTING COMPANY ORONO, CITY OF JAN 2003 ANIMAL CONTR 2/6/2003 2509 TOTAL FOR ORONO, CITY OF MEAL FOR PK COMMISSI TOTAL FOR PETTY CASH POTTS, KENNETH N. DEC 2002 PROSECUTION TOTAL FOR POTTS, KENNETH N. PURCHASE POWER METER FILL TOTAL FOR PURCHASE POWER QUALITY WINE & SPIRIT 2/6/2003 214515-00 QUALITY WINE & SPIRIT 2/6/2003 214515-00 QUALITY WINE & SPIRIT 2/6/2003 215046-00 QUALITY WINE & SPIRIT 2/6/2003 218932-00 QUALITY WINE & SPIRIT 2/6/2003 221419-00 QUALITY WINE & SPIRIT 2/6/2003 221420-00 QUALITY WINE & SPIRIT 2/6/2003 221508-00 QUALITY WINE & SPIRIT 2/6/2003 221510-00 TOTAL FOR QUALITY WINE & SPIRITS CO SEARS COMMERCIAL C TOOLS FOR SWIWA 2/6/2003 0727459 SEARS COMMERCIAL C TOOLS FOR SWIWA 2/6/2003 0727459 TOTAL FOR SEARS COMMERCIAL CREDIT SHOREWOOD TRUE VAL PIPElVALVElTAPE 2/6/2003 52035 SHOREWOOD TRUE VAL WELL PIPING 2/6/2003 52190 SHOREWOOD TRUE VAL MAILBOX 2/6/2003 52323 TOTAL FOR SHORE WOOD TRUE VALUE SPEEDWAY SUPERAME TOTAL FOR SPEEDWAY SUPERAMERICA TONKA PRINTING CO. LETTERHEAD/ENVELOPE TOTAL FOR TONKA PRINTING CO. USA BLUE BOOK SUPPLY CATALOG TOTAL FOR USA BLUE BOOK VERIZON WIRELESS, BE 2/6/2003 TOTAL FOR VERIZON WIRELESS, BELLE VUE WATERFORD CENTER FEB RENT 2/6/2003 0203F TOTAL FOR WATERFORD CENTER BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY TOTAL FOR I.F..AGUE OF MN CITIES LUBRICATION TECH, INC TOTAL FOR LUBRICATION TECH, INC MARK VII MARK VII PETTY CASH 2/6/2003 919290 2/6/2003 475950C 2/6/2003 604 2/6/2003 70204A 2/6/2003 2/6/2003 2/6/2003 2/6/2003 2/6/2003 2786 2/6/2003 624940 2/11/2003 36608600 2/11/2003 36608600 2/11/2003 36608700 2/11/2003 36610400 $175.00 $64.14 $64.14 ($11.05) $30.00 $18.95 $126.15 $126.15 $75.00 $75.00 $29.14 $29.14 $1,579.08 $1,579.08 $34.07 $34.07 $1,608.33 $1,608.33 $1,219.00 $1,219.00 ($7.19) ($38.52) ($35.63) ($10.00) $237.50 $253.34 $84.53 $71.50 $555.53 $231.10 $231.10 $462.20 $13.07 $7.01 $47.87 $67.95 $739.84 $739.84 $903.12 $903.12 $502.74 $502.74 $44.79 $44.79 $4,830.78 $4,830.78 $6.51 $17.81 $7.99 ($21.45) Th::;d;;;:ftF;b;;;;;";06,;:2003""'~i;;;"",,"""'~":h";"';;;:"1';:""';~;:,''';,i;''''i1;'il^";''''''':',,,,,,;,,;;,; ;""',' ",.,;,.;;;,,,,~,,,:,,,,,'''''.-,,''''",!,,,",,,,,,,:,,,,,,,,,,,,,,,;,,,,,,"., ,,;,,,,,;'''",;''''';:,;c'P~g;''4;~J7' Check # Vendor Name Description Check Date Invoice # Amount 34609 34609 34609 34609 34609 34609 34609 34609 34609 34610 34611 34612 34612 34612 34613 34614 34614 34614 34614 34615 34615 34616 34616 34616 34616 34616 34616 34616 34616 34616 34616 34616 34616 34617 34617 34617 34617 34617 34617 34617 34617 34617 34617 34617 TOTAL FOR BEU-BOY BAR SUPPLY BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORA TIO BELLBOY CORPORATIO BELLBOY CORPORA TIO BELLBOY CORPORA TIO TOTAL FOR BELLBOY CORPORATION 2/11/2003 25496700 2/11/2003 25496700 2/11/2003 25496700 2/11/2003 25497400 2/11/2003 25497400 2/11/2003 25553800 2/11/2003 25553800 2/11/2003 25553900 2/11/2003 25584100 $10.86 $53.76 $113.50 $462.00 $150.00 $367.70 $872.69 $600.00 $553.64 ($124.00) $3,049.29 $702.60 $702.60 $729.52 $729.52 $498.68 $732.35 $499.47 $1,730.50 $1,592.20 $1,592.20 $204.52 $204.52 $818.07 $818.Q7 $2,045.18 $9.80 $158.85 $168.65 ($32.35) $409.54 $531.02 $145.39 $793.08 $54.45 $210.99 $320.09 $675.33 $682.46 $307.80 $170.54 $4,268.34 $694.96 $120.05 $991.09 $220.45 $96.00 $96.00 $385.37 $136.50 $202.08 $356.58 $335.28 . . BIFFS, INC. 2/11/2003 W 182476. i"!,:.."),;~~",,~:.:?U1~t,!;Jf;',ji.'~~';;,:_"L"':!l.:J:._:'_,'re':~;~i;_f~im'!f7>i1~y.~~;,JI>7:~u;:j:'.jJ:.~:;;;W:'_,:~,-','~.',\:__,::;;;'i::~~'"i}:T..;;.!t!:J;:.~~;.t:,;J.;:;;;",;:..::i'':':;C;:'- 'J.:t:,:;:,:,:;.i~'):::~,~t"P::;_,~ ,"; ;_':,~_::'_:~,;-'-,:;<;:,,~':'::'l:;:'_;r:;r:Z,"'1i;~~c;,:~'f:~'~n~'\f!IT'~;;:~.;;-:,~~"';"::'(~::-"I-r{.:;:;>-,::.:ic2",~~.7~~:~,'!.';<~;::';'.'-;'~~"'.!.t!;: :;~ Thursday, February 06,2003 Page 5 of7 TOTAL FOR BIFFS, INC. PARK SUPPLIES/NETS, B TOTAL FOR BSN SPORTS DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING TOTAL FOR DAY DISTRIBUTING DELL MARKETING L.P. PLANNING ASST COMPU TOTAL FOR DEU- MARKETING LP. DOCUMENT RESOURCE UTILITY BILLS DOCUMENT RESOURCE UTILITY BILLS DOCUMENT RESOURCE UTILITY BILLS DOCUMENT RESOURCE UTILITY BILLS TOTAL FOR DOCUMENT RESOURCES EAST SIDE BEVERAGE 2/11/2003 349394 EAST SIDE BEVERAGE 2/11/2003 349394 TOTAL FOR EAST SIDE BEVERAGE COMPAN GRIGGS, COOPER & CO 2/11/2003 606271 GRIGGS, COOPER & CO 2/11/2003 660047 GRIGGS, COOPER & CO 2/11/2003 660048 GRIGGS, COOPER & CO 2/11/2003 660250 GRIGGS, COOPER & CO 2/11/2003 660251 GRIGGS, COOPER & CO 2/11/2003 660254 GRIGGS, COOPER & CO 2/11/2003 660254 GRIGGS, COOPER & CO 2/11/2003 660255 GRIGGS, COOPER & CO 2/11/2003 662954 GRIGGS, COOPER & CO 2/11/2003 662955 GRIGGS, COOPER & CO 2/11/2003 663190 GRIGGS, COOPER & CO 2/11/2003 663194 TOTAL FOR GRIGGS, COOPER & COMPANY JOHNSON BROS L1auo 2/11/2003 1510569 JOHNSON BROS L1auo 2/11/2003 1510571 JOHNSON BROS L1auo 2/11/2003 1510572 JOHNSON BROS L1auo 2/11/2003 1510573 JOHNSON BROS L1auo 2/11/2003 1511189 JOHNSON BROS L1auo 2/11/2003 1511190 JOHNSON BROS L1auo 2/11/2003 1513170 JOHNSON BROS L1auo 2/11/2003 1513171 JOHNSON BROS L1auo 2/11/2003 1513171 JOHNSON BROS L1auo 2/11/2003 1513172 JOHNSON BROS L1auo 2/11/2003 1513173 BSN SPORTS 2/11/2003 91075668 2/11/2003 205396 2/11/2003 206146 2/11/2003 206148 2/1112003 21209425 2/11/2003 2/11/2003 2/11/2003 2/11/2003 136192 136192 136192 136192 Check# Vendor Name Description Check Date Invoice # Amount 34617 JOHNSON BROS UOUO 2/11/2003 213034 ($6.40) 34617 JOHNSON BROS UOUO 2/11/2003 213035 ($59.97) 34617 JOHNSON BROS UOUO 2/11/2003 213832 ($20.75) 34617 JOHNSON BROS UOUO 2/11/2003 214523 ($41.76) 34617 JOHNSON BROS UOUO 2/11/2003 214527 ($5.51) TOTAL FOR JOHNSON BROS LIQUOR CO. $3,499.97 34618 LAKESHORE WEEKLY N ADS 2/11/2003 100127 $165.75 34618 LAKESHORE WEEKLY N ADS 2/11/2003 100127 $165.75 TOTAL FOR LAKESHORE WEEKLY NEWS $331.50 34619 MARK VII 2/11/2003 499290 $446.45 34619 MARK VII 2/11/2003 499297 $670.80 34619 MARK VII 2/11/2003 499298 $73.50 34619 MARK VII 2/11/2003 501404 $1,048.18 34619 MARK VII 2/11/2003 501405 $467.30 34619 MARK VII 2/11/2003 501406 $76.30 TOTAL FOR MARK Vll $2,782.53 34620 MINNEGASCO 2/11/2003 $251.68 34620 MINNEGASCO 2/11/2003 $124.70 . 34620 MINNEGASCO 2/11/2003 $416.13 34620 MINNEGASCO 2/11/2003 $867.61 34620 MINNEGASCO 2/11/2003 $263.33 34620 MINNEGASCO 2/11/2003 $240.72 34620 MINNEGASCO 2/11/2003 $135.66 34620 MINNEGASCO 2/11/2003 $182.95 34620 MINNEGASCO 2/11/2003 $241.40 TOTAL FOR MINNEGASCO $2,724.18 34621 OFFICE DEPOT 2/11/2003 19147996 $107.59 34621 OFFICE DEPOT 2/11/2003 19190317 $24.91 34621 OFFICE DEPOT 2/11/2003 19190317 $16.01 34621 OFFICE DEPOT 2/11/2003 19247165 $127.37 34621 OFFICE DEPOT 2/11/2003 19247165 $10.64 34621 OFFICE DEPOT 2/11/2003 19247165 $33.07 34621 OFFICE DEPOT 2/11/2003 19278524 ($4.26) 34621 OFFICE DEPOT 2/11/2003 19278633 $347.47 . TOTAL FOR OFFICE DEPOT $662.80 34622 PAUSTIS WINE COMPAN 2/11/2003 209010-IN $350.66 34622 PAUSTIS WINE COM PAN 2/11/2003 209011-IN $549.66 TOTAL FOR PAUSTIS WINE COMPANY $900.32 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3270449 ($29.95) 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3272981 ($24.00) 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3273067 ($8.96) 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3273476 ($4.17) 34623 PHILLIPS WINE & SPIRIT 2/11/2003 32734n ($3.79) 34623 PHILLIPS WINE & SPIRIT 2/11/2003 912810 $65.80 34623 PHILLIPS WINE & SPIRIT 2/11/2003 912810 $129.45 34623 PHILLIPS WINE & SPIRIT 2/11/2003 912811 $203.75 34623 PHILLIPS WINE & SPIRIT 2/11/2003 912811 $386.75 34623 PHILLIPS WINE & SPIRIT 2/11/2003 914839 $53.70 34623 PHILLIPS WINE & SPIRIT 2/11/2003 914839 $97.55 34623 PHILLIPS WINE & SPIRIT 2/11/2003 914840 $79.20 34623 PHILLIPS WINE & SPIRIT 2/11/2003 914840 $91.00 TOTAL FOR PHILLIPS WINE & SPIRITS $1,036.33 34624 POTTS, KENNETH N. JAN 2003 PROSECUTION 2/11/2003 $1,608.33 Check# Vendor Name Description Check Date Invoice # Amount TOTAL FOR POTTS, KENNETH N. $1,608.33 34625 QWEST 2/11/2003 $50.78 34625 QWEST 2/11/2003 $89.53 34625 QWEST 2/11/2003 $50.78 TOTAL FOR QWEST $191.09 34626 RUMPCA CO INC DEC BRUSH DISPOSAL 2/11/2003 1487 $120.00 TOTAL FOR RUMPCA CO INC $120.00 34627 SO LK MTKA POLICE DE JAN 03 LEASE PMT-PUB 2/11/2003 $25,342.00 TOTAL FOR SO LK MTKA POLICE DEPT $25,342.00 34628 THORPE DISTRIBUTING 2/11/2003 285969 $8.29 34628 THORPE DISTRIBUTING 2/11/2003 285969 $2,313.99 34628 THORPE DISTRIBUTING 2/11/2003 285970 $1,028.82 34628 THORPE DISTRIBUTING 2/11/2003 285971 $11.50 34628 THORPE DISTRIBUTING 2/11/2003 285971 $438.60 34628 THORPE DISTRIBUTING 2/11/2003 286615 $1,425.94 34628 THORPE DISTRIBUTING 2/11/2003 286617 $12.85 34628 THORPE DISTRIBUTING 2/11/2003 286617 $610.85 TOTAL FOR THORPE DISTRIBUTING COMPA $5,850.84 34629 VERIZON DIRECTORIES 2/11/2003 $20.30 . TOTAL FOR VERIZON DIRECTORIES CORP $20.30 34630 w.w. GRAINGER, INC LAMPS FOR W A1SW CON 2/11/2003 495-50703 $30.32 34630 W.W. GRAINGER,INC LAMPS FOR WAlSW CON 2/11/2003 495-50703 $30.32 TOTAL FOR W. W. GRAINGER, INC $60.64 34631 WSB AND ASSOCIATES SMITHTOWN RD OVERLA 2/11/2003 01074-583 $6,331.75 34631 WSB AND ASSOCIATES GENERAL SVCS 2/11/2003 01074-990 $108.00 34631 WSB AND ASSOCIATES CSAH 19 @ SMITHTOWN 2/11/2003 01388-001 $591.00 34631 WSB AND ASSOCIATES LK LINDEN DR PED TRAIL 2/11/2003 01459-002 $54.00 TOTAL FOR WSB AND ASSOCIATES $7,084.75 34632 XCEL ENERGY 2/11/2003 0198-208- $371.06 34632 XCELENERGY 2/11/2003 0356-200- $21.11 34632 XCEL ENERGY 2/11/2003 0727-302- $261.27 34632 XCEL ENERGY 2/11/2003 1300-208- $135.52 34632 XCELENERGY 2/11/2003 1477-205- $258.01 34632 XCEL ENERGY 2/11/2003 1692-607- $378.46 . 34632 XCEL ENERGY 2/11/2003 1765-206- $35.28 34632 XCEL ENERGY 2/11/2003 1966-609- $144.91 34632 XCEL ENERGY 2/11/2003 2164-107- $139.14 34632 XCEL ENERGY 2/11/2003 2486-903- $30.25 TOTAL FOR XCEL ENERGY $1,775.01 TOTAL CHECKS $103,707.96 'Th~;:;d~;:"Feb~~~;;'(i6;"2(//l3)i,""n''''''-''.l."i''C",.i'.',"""''''',,,,'''''''''',",.,'::::,,,,U.,,"'' ;~_r,';;;~~':c~,::L:U..:.:.^':;~~'_:;':;;~<:';,;f,,,-~t:~::;;z,'.::~\','c~"~r,".:,t:;;;,:;~~_t,~~t~~_'0.;~C:::~':t:.-..:~\i:'~<;t',;' :::~>.'::.lT-:,:"',.'_:.'~:~;j;.",;~:';',~:i~1:~!>J:-:"';:.'-J:.n_:.,";.'t.:;3't..,,'."i Page 70/7 Check Approval List for 02/10/03 Sorted by Department Check# Vendor Name Description Check Date Invoice # Amount 34538 us POSTMASTER PSTG FOR FEB 2003 NE 1/28/2003 $805.10 34539 AFSCME COUNCIL 14 FEB 2003 UNION DENTAL 1/30/2003 $270.20 34540 ANCHOR PAPER COMPA COPIER PAPER 1/30/2003 14336170 $289.50 34541 ANDERSON, KRISTI B. 2ND HALF JAN 2003 SVC 1/30/2003 $150.00 34543 AT&T WIRELESS SERVI 1/30/2003 4160966-0 $202.44 34543 AT&T WIRELESS SERVI 1/30/2003 4160966-0 $130.29 34543 AT&T WIRELESS SERVI 1/30/2003 4160966-0 $102.07 34544 BURTON, BONNIE OFFICE SUPPLIES 1/30/2003 $40.98 34545 CATCO PARTS AND SER 1/30/2003 3-10189 $65.11 34546 COMMISSIONER OF TRA BITUMINOUS CLASS REG 1/30/2003 $100.00 34547 ELKE, CATHERINE JAN MILEAGElEXP 1130/2003 $17.00 34547 ELKE, CATHERINE JAN MILEAGElEXP 1/30/2003 $38.34 34549 FORTIS BENEFITS INS C FEB 2003 STD PREM 1/30/2003 $76.50 34552 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 1 1/30/2003 302131-01 $995.68 34553 J & R RADIATOR CORP. REBUILD RADIATOR-WAT 1130/2003 0012272 $623.27 34554 LEAGUE OF MN CITIES LEADERSHIP CONF- L TU 1/30/2003 1-0000126 $175.00 . 34555 LOCAL LINK USA BUSIN FEB WEB SVC 1130/2003 95220466 $99.95 34556 LUGOWSKI, JOSEPH SEe 125 REIMBURSEME 1/30/2003 $99.53 34558 MENARDS COUNTERTOP LAMINATE 1/30/2003 97347 $169.34 34560 MIDWEST CRANE ANNUAL INSPECTIONS 1/30/2003 0044636-1 $340.00 34561 MINN NCPERS GROUP L FEB PREM 1/30/2003 $12.00 34562 MN CHILD SUPPORT PM CHILD SUPPORT - e SCH 1/30/2003 $173.51 34563 MN SUN PUBLICATIONS COMP PLAN AMEND-CAP 1130/2003 571143 $50.05 34563 MN SUN PUBLICATIONS PRELIM PLAT-STRATEGI 1/30/2003 571144 $50.05 34563 MN SUN PUBLICATIONS VARIANCE-D. LAROSE 1/30/2003 571145 $46.47 34565 PAZANDAK, JOSEPH MILEAGE 1/13 - 1/24/03/S 1/30/2003 $8.05 34565 PAZANDAK, JOSEPH MILEAGE 1/13 - 1/24/03lS 1130/2003 $67.34 34567 PERA PAYROLL DEDUCTIONS 1 1/30/2003 $2,292.39 34567 PERA PAYROLL DEDUCTIONS 1 1/30/2003 $2,114.11 34568 PRUDENTIAL INS CO OF FEB 2003 LIFE PREM 1/30/2003 $75.55 34568 PRUDENTIAL INS CO OF FEB 2003 LIFE PREM 1130/2003 $37.05 34571 SEARS COMMERCIAL C SCREW DRIVERS/HOSE 1/30/2003 0726913 $218.46 . 34572 SUN PATRIOT NEWSPA PUD REQ-CAPESTONE B 1130/2003 488 $35.82 34572 SUN PATRIOT NEWSPA PUB HEARING-STRATEGI 1/30/2003 489 $31.84 34572 SUN PATRIOT NEWSPA VARIANCE - D. LAROSE 1/30/2003 490 $29.85 34573 TIERNEY BROS INC LABELING CARTRIDGES 1/30/2003 429016-1 $188.23 34575 TURGEON, LAURA JAN 2003 EXP REPORT 1/30/2003 $18.19 34577 UNIVERSITY OF MINNES REG FEE -MUNICIPALS 1130/2003 $48.00 34578 UNUM LIFE INSURANCE FEB 2003 L TO PREM 1/30/2003 $235.28 34580 C.H CARPENTER LUMBE LUMBER FOR SIDEBOAR 2/6/2003 463638 $56.15 34581 CHAMPION AUTO STOR MISC SHOP PARTS 2/6/2003 178958 $3.17 34581 CHAMPION AUTO STOR MISC SHOP SUPPLIES 2/6/2003 179553 $130.89 34581 CHAMPION AUTO STOR TOGGLE SWITCH 2/6/2003 179876 $6.38 34582 COVERALL OF THE TWI FEB 2003 SVC 2/6/2003 73188 $335.48 34583 DONALD SAL VERDA & A ADVANCED EFFECT MG 2/6/2003 $600.00 34585 HOISINGTON/KOEGLER DEC SVCS-FREEMAN PK 2/6/2003 $46.45 34587 HOPKINS PARTS COMP MIRROR/FUEL FILTERS 2/6/2003 99168 $46.41 34587 HOPKINS PARTS COMP FUEL FILTER CREDIT 2/6/2003 99245 ($14.29) 34588 KAR PRODUCTS SHOP SUPPLIES 2/6/2003 90004094 $336.60 34589 KEEFE, SALLY JAN 2003 STMT 2/6/2003 $150.00 34589 KEEFE, SALLY JAN 2003 STMT 2/6/2003 $455.00 34590 LEAGUE OF MN CITIES 2003 EXP CONF - W. LOV 2/6/2003 1-0000124 $175.00 Check # Vendor Name Description Check Date Invoice # Amount 34591 LUBRICATION TECH, INC 2/6/2003 919290 $64.14 34593 METRO SALES, INC. PRIPORT INK 2/6/2003 70204A $126.15 34594 MINNESOTA NURSERY REG FEE - B NIELSEN 2/6/2003 $75.00 34595 MTI DISTRIBUTING COM THERMOSTAT 2/6/2003 338496-00 $29.14 34596 ORONO, CITY OF JAN 2003 ANIMAL CONTR 2/6/2003 2509 $1,579.08 34597 PETTY CASH MEAL FOR PK COMMISSI 2/6/2003 $34.07 34598 POTTS, KENNETH N. DEC 2002 PROSECUTION 2/6/2003 $1,608.33 34599 PURCHASE POWER METER FILL 2/6/2003 $1,219.00 34602 SHOREWOOD TRUE VAL PIPElVALVElTAPE 2/6/2003 52035 $13.07 34602 SHOREWOOD TRUE VAL MAILBOX 2/6/2003 52323 $47.87 34603 SPEEDWAY SUPERAME 2/6/2003 $739.84 34604 TONKA PRINTING CO. LETTERHEAD/ENVELOPE 2/6/2003 2786 $903.12 34606 VERIZON WIRELESS, BE 2/6/2003 $44.79 34610 BIFFS, INC. 2/11/2003 W182476- $702.60 34611 BSN SPORTS PARK SUPPLlESINETS, B 2/11/2003 91075668 $729.52 34613 DELL MARKETING L.P. PLANNING ASST COMPU 2/11/2003 21209425 $1,592.20 34620 MINNEGASCO 2/11/2003 $867.61 34620 MINNEGASCO 2/11/2003 $416.13 34620 MINNEGASCO 2/11/2003 $263.33 34620 MINNEGASCO 2/11/2003 $135.66 . 34621 OFFICE DEPOT 2/11/2003 19147996 $107.59 34621 OFFICE DEPOT 2/11/2003 19247165 $127.37 34621 OFFICE DEPOT 2/11/2003 19247165 $10.64 34621 OFFICE DEPOT 2/11/2003 19247165 $33.07 34621 OFFICE DEPOT 2/11/2003 19278524 ($4.26) 34621 OFFICE DEPOT 2/11/2003 19278633 $347.47 34624 POTTS, KENNETH N. JAN 2003 PROSECUTION 2/11/2003 $1,608.33 34625 aWEST 2/11/2003 $89.53 34626 RUMPCA CO INC DEC BRUSH DISPOSAL 2/11/2003 1487 $120.00 34627 SO LK MTKA POLICE DE JAN 03 LEASE PMT-PUB 2/11/2003 $25,342.00 34631 WSB AND ASSOCIATES GENERAL SVCS 2/11/2003 01074-990 $108.00 34631 WSB AND ASSOCIATES LK LINDEN DR PED TRAIL 2/11/2003 01459-002 $54.00 34632 XCEL ENERGY 2/11/2003 0356-200- $21.11 34632 XCEL ENERGY 2/11/2003 0727-302- $261.27 34632 XCEL ENERGY 2/11/2003 1300-208- $135.52 34632 XCEL ENERGY 2/11/2003 1477-205- $258.01 34632 XCEL ENERGY 2/11/2003 1966-609- $144.91 . 34632 XCEL ENERGY 2/11/2003 2164-107- $139.14 TOTAL FOR 101 GENERAL FUND $52,944.13 34631 WSB AND ASSOCIATES SMITHTOWN RD OVERLA 2/11/2003 01074-583 $6,331.75 34631 WSB AND ASSOCIATES CSAH 19 @ SMITHTOWN 2/11/2003 01388-001 $591.00 TOTAL FOR 405 MSA CAPITAL IMPROVEMENT $6,922.75 34550 GOPHER STATE ONE-CA DEC SVC 1/30/2003 2120694 $10.07 34564 NEXTEL COMMUNICATI 1/30/2003 $37.07 34571 SEARS COMMERCIAL C TOOLBOX 1/30/2003 0726914 $28.90 34576 TWIN CITY WATER CLlNI DEC 2002 BACTERIA ANA 1130/2003 9456 $60.00 34586 HOME SECURITY STOR AUTODIALER FOR AMES 2/6/2003 0038102-1 $186.00 34601 SEARS COMMERCIAL C TOOLS FOR SWIWA 2/6/2003 0727459 $231.10 34602 SHOREWOOD TRUE VAL WELL PIPING 2/6/2003 52190 $7.01 34605 USA BLUE BOOK SUPPLY CATALOG 2/6/2003 624940 $502.74 34614 DOCUMENT RESOURCE UTILITY BILLS 2/11/2003 136192 $818.07 34620 MINNEGASCO 2/11/2003 $240.72 34620 MINNEGASCO 2/11/2003 $241.40 34620 MINNEGASCO 2/11/2003 $251.68 Check # Vendor Name Description Check Date Invoice # Amount 34625 QWEST 2/11/2003 $50.78 34625 QWEST 2/11/2003 $50.78 34630 W.w. GRAINGER, INC LAMPS FOR WAlSW CON 2/11/2003 495-50703 $30.32 34632 XCEL ENERGY 2/11/2003 1692-607- $378.46 TOTAL FOR 601 WATER UTIliTY $3,125.10 34550 GOPHER STATE ONE-CA DEC SVC 1130/2003 2120694 $10.08 34564 NEXTEL COMMUNICATI 1/30/2003 $37.07 34571 SEARS COMMERCIAL C TOOLBOX 1/30/2003 0726914 $28.90 34601 SEARS COMMERCIAL C TOOLS FOR SWIWA 2/6/2003 0727459 $231.10 34614 DOCUMENT RESOURCE UTILITY BILLS 2/11/2003 136192 $818.07 34630 W.w. GRAINGER,INC LAMPS FOR WAlSW CON 2/11/2003 495-50703 $30.32 34632 XCEL ENERGY 2/11/2003 1765-206- $35.28 34632 XCELENERGY 2/11/2003 2486-903- $30.25 TOTAL FOR 611 SANITARY SEWER UTIliTY $1,221.07 34614 DOCUMENT RESOURCE UTILITY BILLS 2/11/2003 136192 $204.52 TOTAL FOR 621 RECYCliNG UTIliTY $204.52 34614 DOCUMENT RESOURCE UTILITY BILLS 2/11/2003 136192 $204.52 . TOTAL FOR 631 STORMWATER MANAGEMENT UTIliTY $204.52 34548 EXTREME BEVERAGE 1/30/2003 100386 $32.00 34549 FORTIS BENEFITS INS C FEB 2003 STO PREM 1/30/2003 $9.00 34551 HERMEL WHOLESALE 1/30/2003 394564 $164.80 34557 MARK VII 1/3012003 504 $9.00 34557 MARK VII 1/30/2003 531 $1.43 34557 MARK VII 1/30/2003 565 $6.75 34559 MIDWEST COCA-COLA B 1/30/2003 63258268 $142.20 34559 MIDWEST COCA-COLA B 1/30/2003 63258276 ($1.72) 34559 MIDWEST COCA-COLA B 1/30/2003 63258284 ($3.20) 34566 PEPSI COLA COMPANY 1/30/2003 41285831 $38.40 34568 PRUDENTIAL INS CO OF FEB 2003 LIFE PREM 1/30/2003 $3.90 34569 QUALITY WINE & SPIRIT 1130/2003 218527-00 $79.15 34569 QUALITY WINE & SPIRIT 1/30/2003 218n2-00 $484.71 34570 QWEST DEX 1/30/2003 01329440 $79.30 34574 TOWLE REAL ESTATE C FEB RENT 1/30/2003 $4,679.49 . 34578 UNUM LIFE INSURANCE FEB 2003 L TO PREM 1/30/2003 $17.79 34579 ALCOHOL & GAMBLING LIQUOR BUYERS CARD # 2/6/2003 $20.00 34584 EAST SIDE BEVERAGE 2/6/2003 346607 $285.65 34600 QUALITY WINE & SPIRIT 2/6/2003 214515-00 ($38.52) 34600 QUALITY WINE & SPIRIT 2/6/2003 214515-00 ($7.19) 34600 QUALITY WINE & SPIRIT 2/612003 215046-00 ($35.63) 34600 QUALITY WINE & SPIRIT 2/6/2003 221420-00 $253.34 34600 QUALITY WINE & SPIRIT 2/6/2003 221510-00 $71.50 34608 BELLBOY BAR SUPPLY 2/11/2003 36608600 $17.81 34608 BELLBOY BAR SUPPLY 2/11/2003 36608600 $6.51 34608 BELLBOY BAR SUPPLY 2/11/2003 36610400 ($21.45) 34609 BELLBOY CORPORATIO 2/11/2003 25496700 $462.00 34609 BELLBOY CORPORATIO 2/11/2003 25496700 $113.50 34609 BELLBOY CORPORATIO 2/11/2003 25496700 $53.76 34609 BELLBOY CORPORA TIO 2/11/2003 25553800 $600.00 34609 BELLBOY CORPORA TIO 2/11/2003 25553800 $872.69 34612 DAY DISTRIBUTING 2/11/2003 206148 $499.47 34616 GRIGGS, COOPER & CO 2/11/2003 606271 ($32.35) 34616 GRIGGS, COOPER & CO 2/11/2003 660047 $409.54 34616 GRIGGS, COOPER & CO 2/11/2003 660250 $145.39 ~~:vD"~~.~i~~_b:,i', -~~,';;J;'&;.'-:!;_.'M!-';;'::,,1':,',~'f;'i!';;;~,;:,,:~?,<;:,:::,,~,;,:,:,~,,::':;':':::~ill:r'~: 'r:_~.i~;,': .::;;':;cii'J:::~,,-;:'.l;,_-;.Yc"lG.ioC, ~", :'.l',~.':':;'!l;$. ;,~",'l!~~f . "',.~:!'::,".:i;;:;:-;'~:.';1'.::.:;';:':'.0."l'_"i):J:t_t:'''J;''T!'': ',~C'!2:::;;;;;1:'':.~.'D-:2'': '" ":.:.~;',/.;; ;;'f"'.'';c;:r~,:J..;'';'''~~',\:,~,~:;;;',::i ~":;::''-EE;.,;-.:.;;'1~~!CZ::.,;j:11~~&'"'';-~~:D:~i'~7J.-';;':}'f.-f,._J.;i..;-;-;' Thursday, February 06, 2003 Page 3 of 5 ~ Check # Vendor Name Description Check Date Invoice # Amount 34616 GRIGGS, COOPER & CO 2/11/2003 660251 $793.08 34616 GRIGGS, COOPER & CO 2/11/2003 662955 $682.46 34616 GRIGGS, COOPER & CO 2/11/2003 663190 $307.80 34617 JOHNSON BROS L1QUO 2/11/2003 1510572 $991.09 34617 JOHNSON BROS L1QUO 2/11/2003 1510573 $220.45 34617 JOHNSON BROS L1QUO 2/11/2003 1511190 $96.00 34617 JOHNSON BROS L1QUO 2111/2003 1513172 $356.58 34617 JOHNSON BROS L1QUO 2/11/2003 1513173 $335.28 34618 LAKESHORE WEEKLY N ADS 2/11/2003 100127 $165.75 34619 MARK VII 2/11/2003 499297 $670.80 34619 MARK VII 2/11/2003 499298 $73.50 34619 MARK VII 2/11/2003 501405 $467.30 34619 MARK VII 2/11/2003 501406 $76.30 34620 MINNEGASCO 2/11/2003 $182.95 34621 OFFICE DEPOT 2/11/2003 19190317 $24.91 34621 OFFICE DEPOT 2/11/2003 19190317 $16.Q1 34622 PAUSTIS WINE COMPAN 2/11/2003 209011-IN $549.66 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3273476 ($4.17) 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3273477 ($3.79) 34623 PHILLIPS WINE & SPIRIT 2/11/2003 912811 $203.75 34623 PHILLIPS WINE & SPIRIT 2/11/2003 912811 $386.75 34623 PHILLIPS WINE & SPIRIT 2/11/2003 914840 $91.00 34623 PHILLIPS WINE & SPIRIT 2/11/2003 914840 $79.20 34628 THORPE DISTRIBUTING 2/11/2003 285970 $1,028.82 34628 THORPE DISTRIBUTING 2/11/2003 285971 $438.60 34628 THORPE DISTRIBUTING 2/11/2003 285971 $11.50 34628 THORPE DISTRIBUTING 2/11/2003 286617 $12.85 34628 THORPE DISTRIBUTING 2/11/2003 286617 $610.85 34629 VERIZON DIRECTORIES 2/11/2003 $20.30 34632 XCEL ENERGY 2/11/2003 0198-208- $371.06 TOTAL FOR 641 SHOREWOOD PLAZA UQUOR $18, 67S. 66 34542 ARCTIC GLACIER INC 1/30/2003 DC302007 $48.40 34548 EXTREME BEVERAGE 1/30/2003 100383 $32.00 34549 FORTIS BENEFITS INS C FEB 2003 STD PREM 1/30/2003 $9.00 34551 HERMEL WHOLESALE 1/30/2003 394562 $461.44 34559 MIDWEST COCA-COLA B 1/30/2003 63258136 $124.75 34568 PRUDENTIAL INS CO OF FEB 2003 LIFE PREM 1/30/2003 $3.90 34569 QUALITY WINE & SPIRIT 1/30/2003 208963.00 ($6.67) 34569 QUALITY WINE & SPIRIT 1/30/2003 214513-00 ($13.11) 34569 QUALITY WINE & SPIRIT 1/30/2003 215199-00 ($79.95) 34569 QUALITY WINE & SPIRIT 1/30/2003 216947-00 ($28.00) 34569 QUALITY WINE & SPIRIT 1/30/2003 218nO-00 $63.31 34569 QUALITY WINE & SPIRIT 1/30/2003 218nO-00 $922.36 34578 UNUM LIFE INSURANCE FEB 2003 L TO PREM 1/30/2003 $20.52 34579 ALCOHOL & GAMBLING LIQUOR BUYERS CARD # 2/6/2003 $20.00 34584 EAST SIDE BEVERAGE CREDIT ON OLD INV 2/6/2003 297583C ($17.50) 34584 EAST SIDE BEVERAGE 2/6/2003 346604 $39.20 34584 EAST SIDE BEVERAGE 2/6/2003 346604 $1,663.25 34600 QUALITY WINE & SPIRIT 2/6/2003 218932-00 ($10.00) 34600 QUALITY WINE & SPIRIT 2/6/2003 221419-00 $237.50 34600 QUALITY WINE & SPIRIT 2/6/2003 221508-00 $84.53 34607 W A TERFORD CENTER FEB RENT 2/6/2003 0203F $4,830.78 34608 BELLBOY BAR SUPPLY 2/11/2003 36608700 $7.99 34609 BELLBOY CORPORATIO 2/11/2003 25497400 $367.70 34609 BELLBOY CORPORATIO 2/11/2003 25497400 $150.00 . . ~2!i:r;'!' ;';'-;:S',,/,Jo:~,.,,~::tr:,'J;~,;t,'1.:::ii';rr::,i;..1:,;:',~;;;,:"~'~.a;:\tt:,;:~~:~1C:!:.z,,;_'_:2J;J,',;~i.i:,f.";:;-:,,_:;rc\;_\ '_'i...:.':, ~,:_:,;,::,:-;,::,'~':-;:,'~::,>":'':.~' ;;;:1, "J-.' ".~,~E::.';:::.t:,,::,';;:r;::L~~.::;'f;'::~~'?ii,:,.t.:,~~~'~:,T>i!;;~;::,..t"L?~:f:,::1fi,-;;e'!';_'E.~-_\;:-..~t:,:_€Y1:;.;;:'.~:.'";.'f,::,:i; :;;"'i-:~,~1 ;,t.'ac~~,~'f~t1~i~1L~'IT~ .E,;~;f--,:~':;'~""~.: ,:t' ,:1:.:::, Thursday, February 06, 2003 Page 40fS Check # Vendor Name Description Check Date Invoice # Amount 34609 BELLBOY CORPORATIO 2/11/2003 25553900 $553.64 34609 BELLBOY CORPORATIO 2/11/2003 25584100 ($124.00) 34612 DAY DISTRIBUTING 2/11/2003 205396 $498.68 34612 DAY DISTRIBUTING 2/11/2003 206146 $732.35 34615 EAST SIDE BEVERAGE 2/11/2003 349394 $9.80 34615 EAST SIDE BEVERAGE 2/11/2003 349394 $158.85 34616 GRIGGS, COOPER & CO 2/11/2003 660048 $531.02 34616 GRIGGS, COOPER & CO 2/11/2003 660254 $54.45 34616 GRIGGS, COOPER & CO 2/11/2003 660254 $210.99 34616 GRIGGS, COOPER & CO 2/11/2003 660255 $320.09 34616 GRIGGS, COOPER & CO 2/11/2003 662954 $675.33 34616 GRIGGS, COOPER & CO 2/11/2003 663194 $170.54 34617 JOHNSON BROS L10UO 2/11/2003 1510569 $694.96 34617 JOHNSON BROS LIOUO 2/11/2003 1510571 $120.05 34617 JOHNSON BROS L10UO 2/11/2003 1511189 $96.00 34617 JOHNSON BROS L10UO 2/11/2003 1513170 $385.37 34617 JOHNSON BROS L10UO 2/11/2003 1513171 $136.50 34617 JOHNSON BROS L10UO 2/11/2003 1513171 $202.08 34617 JOHNSON BROS L10UO 2/11/2003 213034 ($6.40) . 34617 JOHNSON BROS UOUO 2/11/2003 213035 ($59.97) 34617 JOHNSON BROS L10UO 2/11/2003 213832 ($20.75) 34617 JOHNSON BROS L10UO 2/11/2003 214523 ($41.76) 34617 JOHNSON BROS L10UO 2/11/2003 214527 ($5.51 ) 34618 LAKESHORE WEEKLY N ADS 2/11/2003 100127 $165.75 34619 MARK VII 2/11/2003 499290 $446.45 34619 MARK VII 2/11/2003 501404 $1,048.18 34620 MINNEGASCO 2/11/2003 $124.70 34622 PAUSTIS WINE COM PAN 2/11/2003 209010-IN $350.66 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3272981 ($24.00) 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3273067 ($8.96) 34623 PHilLIPS WINE & SPIRIT 2/11/2003 912810 $129.45 34623 PHilLIPS WINE & SPIRIT 2/11/2003 912810 $65.80 34623 PHilLIPS WINE & SPIRIT 2/11/2003 914839 $97.55 34623 PHILLIPS WINE & SPIRIT 2/11/2003 914839 $53.70 34628 THORPE DISTRIBUTING 2/11/2003 285969 $8.29 34628 THORPE DISTRIBUTING 2/11/2003 285969 $2,313.99 . 34628 THORPE DISTRIBUTING 2/11/2003 286615 $1,425.94 TOTALFOR 642 WATERFORD UQUOR $20,421.21 34592 MARK VII 2/6/2003 475950C ($11.05) 34592 MARK VII 2/6/2003 604 $30.00 34623 PHILLIPS WINE & SPIRIT 2/11/2003 3270449 ($29.95) TOTAL FOR 643 TONKA BAY UQUOR ($11.00) TOTAL CHECKS $103,707.96 PAYROLL APPROVALS For 2/10/03 Council Meeting Date:~-&~O~ . Date: o.{~ ~ Date: ()2 (}t .(}3 . .. Payroll Register Check # Last Name First Name MI Check Amt Check Date 1940 BAILEY BOYD C 778.22 1/28/2003 1941 BURTON BONNIE M 1,871.21 1/28/2003 1942 DAVIS CHARLES S 1,135.60 1/28/2003 1943 EISCHENS JAMES E 853.26 1/28/2003 1944 ELKE CATHERINE M 855.92 1/28/2003 1945 FASCHING PATRICIA L 799.86 1/28/2003 1946 FIELD DALE F 663.81 1/2812003 1947 GARFUNKEL JOHN J 184.70 1/28/2003 1948 GROUT TWILA R 870.51 1/28/2003 1949 HELLING PAMELA J 473.61 1/28/2003 1950 HIRSCH DANA M 199.17 1/28/2003 1951 JOHNSON DENNIS D 1,250.41 1/28/2003 1952 LIZEE CHRISTINE G 184.70 1/28/2003 . 1953 LUGOWSKI JOSEPH P 1,048.87 1/28/2003 1954 MASON BRADLEY J 1,137.06 1/28/2003 1955 MOORE JULIE K 362.47 1/28/2003 1956 NIELSEN BRADLEY J 996.85 1/28/2003 1957 PANCHYSHY JEAN M 1,117.86 1/28/2003 1958 PAZANDAK JOSEPH E 1,474.78 1/28/2003 1959 RANDALL DANIEL J 1,269.91 1/28/2003 1960 SCHMID CHRISTOPHER E 707.89 1/28/2003 1961 STARK BRUCE H 1,079.83 1/28/2003 1962 SWANDBY DONALD R 1,277.84 1/28/2003 1963 TOWER TERRY R 901.75 1/28/2003 1964 TURGEON LAURA 184.70 1/28/2003 1965 ZERBY MICHAEL S 184.70 1/28/2003 . 217681 ANDERSON PETER T 159.22 1/28/2003 217682 ARMSTRON MICHAEL R 55.84 1/28/2003 217683 BAKER RICHARD M 74.28 1/28/2003 217684 BECKER MARY LOU 22.86 1/28/2003 217685 BROWN LAWRENCE A 1,929.08 1/28/2003 217686 DA VITCH JOSHUA R 197.33 1/28/2003 217687 DAWSON CRAIG W 1,711.84 1/28/2003 217688 DUFFY DAVID C 133.25 1/28/2003 217689 GIESEN JON L 206.18 1/28/2003 217690 GOTISCHAL JACOB S 159.22 1/28/2003 217691 GULSTRAND HANS R 197.33 1/28/2003 217 692 HELGESEN PATRICIA R 1,096.72 1/28/2003 217693 LATTERNER SUSAN M 129.98 1/28/2003 217694 LAUGHLIN BRANDON M 235.44 1/28/2003 217695 LOVE CLIFFORD W 222.15 1/2812003 Thursday, February 06, 2003 Page 1 of2 . Check # Last Name First Name MI Check Amt Check Date 217696 OLIVEIRA CHRISTOPHER L 122.15 1/28/2003 217697 PARENT MICHELLE L 125.64 1/28/2003 217698 RIESEN KARL D 235.44 1/28/2003 217699 SCHMIDT ALBERT J 284.64 1/28/2003 217700 STANLEY DAVID W 231.98 1/28/2003 217701 THURSTON DOROTHY M 28.79 1/28/2003 Total of Checks $29,424.85 ThursdaYt February 06t 2003 Page 2 of2 . . . 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: Mayor and City Council Craig W. Dawson, City Administrator ft ~ . / ~.Yh/ Larry Brown, Director of Public W orks ~.~ // U.I/ February 10, 2003 / · Consideration of a Motion Establishing Spring Clean Up Day DATE: RE: . Staff is recommending that Saturday, May 17, 2003 be established as Spring-Clean Up Day. This date falls after the dates for opening fishing and Mother's Day, and before the Memorial Day long-weekend. Staffwill once again send letters requesting quotes from the three licensed refuse haulers, BFI, Waste Technology, and Waste Management. . . .::tt .3 6 ft 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 FROM: Brad Nielsen DATE: 5 February 2003 RE: Reschedule Public Hearing FILE NO. Streets (Enchanted Point) . Last month the Council set a public hearing date to consider a request for a partial street vacation. The public hearing notice did not make it into the paper in time to be published twice, pursuant to state statutes. Consequently, staff recommends that the hearing date be rescheduled for the 24 February meeting. Cc: Craig Dawson Larry Brown Tim Keane Larry Smiley Randall Cermak ft ~.1 PRINTED ON RECYCLED PAPER .it3t CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: . DATE: RE: A Resolution Authorizing the Mayor and Administrator to Enter into an Agreement with Residents of Old Chaska Road On December 16,2002 the City Council received and considered a petition from residents who live along Chaska Road. The petition considered removal of a majority of the public road surface within the public right of way of Old Chaska Road. The roadway would revert to a status of a series of private drives. The City will keep its interest in the right of way, as there is a sanitary sewer utility within the right of way. Attachment 1 is site location map of the area impacted. Attachment 2 is the plan that has been submitted for the proposed construction. Staff has reviewed the plan and found it to be acceptable. Staff was also directed to compile an agreement to permit the work proposed, while protecting the City's interest. . Staff has prepared this agreement and has attached this for the City Council's consideration. Due to timing, the City Attorney has had little time to review this proposed agreement. Therefore, Staff will incorporate any changes recommended by the City Attorney during Monday's meeting. Recommendation: Staff is recommending approval of the resolution that directs the Mayor and City Administrator to enter into an agreement with the petitioners along Chaska Road. A resolution is attached for your consideration. n ~.1 PRINTED ON RECYCLED PAPER il3p. -1 -1 ~ + ~ ~ -~ + . 1;\ ~. ce -1 II + = - \ ~ ..., .( " \ A.1T ft\.~ \-\ 1'^. e.N l \ . . , CITY OF SHOREWOOD AGREEMENT PERMITTING IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY OF CHASKA ROAD THIS AGREEMENT, made this _ day of January, 2003, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation (hereinafter the "City"), and Owners of real property along Chaska Road, further described in Exhibit A (hereinafter the "Petitioners"). WHEREAS, on December 16,2002 the City Council of the City of Shorewood accepted a petition from the Petitioners to perform work within the public right of way of Chaska Road; and WHEREAS, Petitioners propose to modify and remove portions of the roadway surface located within the public right of way, perform minor grading, tree removal, and construction of private driveways that lie within and traverse the public right of way of Chaska Road, (collectively the "Project"); and WHEREAS, upon recommendation of the Director of Public Works, the City Council did consider and grant approval of the Petition, attached hereto as Exhibit B and made a part hereof; and WHEREAS, the Petitioners has filed with the City Final Plans for said construction within the public right of way, a copy of which plans are attached hereto as Exhibit C and made a part hereof. NOW, THEREFORE the parties hereto agree as follows: GENERAL CONDITIONS 1.) Conditions of Approval- The Petitioners hereby acknowledge that the City of Shorewood's interest in the Public Right of Way of Chaska Road remains. 2.) Improvements. - Petitioners agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) Removal of those portions of asphalt surfaces, as shown in Exhibit B; (02) Construction of private driveways, as shown in Exhibit B; (03) Grading and restoration, as shown in Exhibit B; (hereinafter "Improvements") , consistent with the plans and specifications prepared by: 1) Lan-De-Con, dated Received February 4, 2003, incorporated by reference herein, subject to approval by the City Engineer. 3.) Pre-construction Meeting - Prior to the commencement of construction, Petitioners shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 4.) Standards of Construction - Petitioners agrees that all of the improvements set fOlth in paragraph 2 above, shall equal or exceed City standards, shall be constructed and installed in accordance with plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer or his designee. 5.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Petitioners. . 6.) Schedule of Work - The Petitioners shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be performed to be completed by 31, October 2003. Upon receipt of written notice from the Petitioners of the existence of causes over which the Petitioners has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 7.) Easements - Petitioners, at their sole expense, shall acquire all easements that may be necessary to perform said Improvement. 8.) Staking. Surveying and Inspection - It is agreed that the Petitioners, shall provide for all staking and surveying for the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications. . 9.) Traffic Control Signs - Petitioners, at their expense, shall provide standard traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, and as directed by the City Engineer. 10.) Final Inspection - At the written request of the Petitioners, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Petitioners will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Petitioner's have submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 2. 11.) Restoration of Streets. Public Facilities and Private Properties - The Petitioners shall restore all other public facilities and any private properties disturbed or damaged as a result of Petitioner's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 12.) Reimbursement of Costs - The Petitioners shall reimburse the City for all costs, including reasonable engineering, resident inspection, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of this Agreement and the performance thereof by the Petitioners. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 21 below. 13.) Claims for Work- The Petitioners or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City. . 14.) Insurance - The Petitioners shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Petitioner's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00. The City shall be named as additional insured on said policy and the Petitioners shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Petitioners shall file with the City a certificate of such insurance as will protect the Petitioners, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. . 15.) Laws. Ordinances. Regulations and Permits - Petitioners shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed District, before commencing development of the Project. 16.) Protection of Existing Utilities. Petitioners, at their sole expense shall protect existing utilities located within the public right of way due to any and all construction impacts caused by construction of the Improvement. 17.) Hours of Construction. Petitioners acknowledges no equipment, construction traffic or other construction activity will take place except during the following hours: Weekdays, 7:00 a.m. to 7:00 p.m. and Saturdays, 8:00 a.m. to 6:00 p.m. 18.) Maintenance of Private Improvements - Petitioners acknowledge that all driveways, driveway culverts, private landscaping, plowing within the public right of way are to be maintained by the Petitioners or their assignees . 3. 19.) Indemnification - The Petitioners shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Petitioner's performance and observation of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Petitioners, the Petitioner's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 20.) Failure to Complete Improvements. In the event the Petitioners shall default in the performance of any of the agreement herein contained and such default shall not have been cured within thirty (30) days after receipt by the Petitioners of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be . recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Petitioners agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Petitioners prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Petitioners shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 21.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 22.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. . 4. . . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF SHOREWOOD By: Its: Mayor By: Its: City Administrator/Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ day of , 2003, before me, a Notary Public within and for said County, personally appeared Woody Love and Craig Dawson to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. 5. .. PETITIONERS Edward J. Vidmar Jr. 6140 Chaska Road Marian M. Vidmar 6140 Chaska Road Mark P. Labreree 6180 Chaska Road Mr. Frank Reese 6200 Chaska Road Mrs. Gretta J. Reese 6200 Chaska Road . Joseph F. Glaccum ill 6130 Chaska Road Peggy M. Glaccum 6130 Chaska Road Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this day of ,2003, before me, within and for said County, personally appeared , petitioners, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. Notary Public 777671.1 6. ...,': ~: ~c , '.~ .\\ ... ..... .' '" o. a . . ...' ~ \11.' . ~. ~" '~':""':::" '" ............ ..~.... . .. - , . ..'. '. . -. ...-..... \- .\':'" ... . '. . . . . '. '.' . .... .,.: .~. .'r' io .0' .,:1'.......,.. ~ '. .. . ... :t' .'. ,~ .' .' ~.:. " . ... .~ ., '. "':::';'~-"~:>:.' . '-':~ 'i,; . ~:~t-. '"... .... ,-..'".... :I;,'k:fi~:-:t., .. .' .' ':":' .,;:....:AtrAc..\4M.ENT Zt~..-.. "::<.~.~,Jj,~g:~;~.:;..: '.. .. .. : .. '" .;) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhal/@cLshorewood.mn.us MEMORANDUM DATE: February 10, 2003 TO: Mayor and Council Members Jean Panchyshyn, Deputy Clerk J? '. FROM: CC: Craig W. Dawson, City Administrator cb RE: A Motion Adopting a Resolution Authorizing the City to Apply for 2003 Recycling Grant and Execution of Contract with Hennepin County The 2003 Recycling Grant Application is due to Hennepin County by February 15. A resolution authorizing submittal of the Grant Application, and authorizing the signing of the 2003 contract is required. -. Along with the 2003 Grant Application and Resolution, the 2002 recycling grant final report will be submitted to the County. Staff is working to complete this annual report prior to the February 15th deadline. Grant funds are determined on the total number of households that have curbside recycling services available. Last year the City received a grant of $23,690. The County has notified us that SCORE funds received from the State for 2003 decreased by 10% from 2002. The County's 2003 budget includes replacement funding to make up for the reduction in SCORE dollars; however, with the reduction of state funds, the County is currently looking at the possibility of reducing or eliminating their replacement funding. The County will keep us informed as to any decisions they make with regards to their possible budget cuts in this area. Recommended Council Action Staff recommends Council Adopt a Resolution Authorizing the City to Apply for a 2003 Recycling Grant and Execution of Contract with Hennepin County. n '--' PRINTED ON RECYCLED PAPER #3E CITY OF SHOREWOOD RESOLUTION NO. 03 A RESOLUTION AUTHORIZING SUBMITTAL OF THE 2003 HENNEPIN COUNTY GRANT APPLICATION FOR MUNICIPAL SOURCE SEPARATED RECYCLABLES WHEREAS, pursuant to Minnesota Statute lI5A.551, by December 31, 1993, each County in the Metropolitan area will have as a goal to recycle a minimum of 35 percent (35%) by weight of total solid waste generation, and each County must develop and implement or require political subdivisions within the County to develop and implement programs, practices, or methods designed to meet its, recycling goal; and WHEREAS, pursuant to Minnesota Statute 115A.55l, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and . WHEREAS, the County adopted a Hennepin County Funding Assistance Policy for Source Separated Recyclables on September 11, 1990, to distribute ftmds to cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds cities must meet requirements set forth in the "funding policy"; and WHEREAS, the City desires to receive these County funds. NOW, THEREFORE BE IT RESOLVED by the City Cotmcil of the City of Shorewood, as follows: 1. That the Council authorizes the submittal of the 2003 Hennepin County Grant application for Municipal Source Separated Recyclables. .~. 2. That as a condition to receive funds under the Hennepin County Funding Assistance Policy the City agrees to implement a waste reduction and recycling program as indicated on the 2003 Hennepin County Recycling Grant Application and that the City will use county funds only for the purpose of implementing the City's waste reduction and recycling program. ADOPTED by the City Council of the City of Shorewood this lOth day of February, 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, FEBRUARY 4, 2003 5755 COUNTRY CLUB ROAD CITY HALL 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING DRAFT Chair Arnst called the meeting to order at 7:06 P.M. A. Roll Call Present: Chair Arnst; Commissioners Callies, Davis, Young, and late arrival Palesch; City Engineer Brown and Technician Bailey; City Council liaison Turgeon . Absent: Commissioner Meyer B. Review Agenda Davis moved, Young seconded to approve the Agenda as submitted. Motion passed 4/0. 2. APPROVAL OF MINUTES . A. Park Commission Minutes of January 14, 2003 Davis moved, Young seconded, approving the Minutes of the January 14, 2003 Park Commission meeting as submitted. Motion passed 4/0. 3. MATTERS FROM THE FLOOR . There were none 4. REPORTS There were none 5. CONVENE TO WORK SESSION The Park Commission recessed from their regular meeting to Work Session at 7:08 P.M. and resumed their regular meeting at 9:07 P.M. 6. SET PARK COMMISSION GOALS AND OBJECTIVES FOR 2003 . Young moved, Palesch seconded, to accept the Park Commission Goals for 2003 as discussed in the Work Session, with the addition of item #8 a review of the trail planning process with regard to a consensus. Motion passed 5/0. JbSI1 PARK COMMISSION MEETING MINUTES Page 2 of 2 .. 7. DISCUSS CONCENSUS ON SMITHTOWN ROAD TRAIL AND MAKE RECOMMENDATION TO CITY COUNCIL . Chair Arnst asked if there was further discussion, seeing none, she called for a motion. Callies moved, Palesch seconded, to recommend a 5' concrete pedestrian space be constructed, with mitigating landscaping, on the north side of Smithtown Road from the LRT to the Victoria border, with a 4' shoulder on the south side for the entire length ofthe project. This recommendation is tempered by the knowledge that we do not have clear consensus from the neighbors most affected by the project. The Park Commission support of a 5' pedestrian space is due in part to construction timeliness, funding availability, and that it is in keeping with the Commission's vision for trail interconnectivity. The Commission further believes a 5' pedestrian space would offer more flexibility and be less intrusive than an 8' bituminous trail. If the City Council chooses to banish a pedestrian space altogether, the Park Commission would recommend a 4' shoulder on the north side and 2' shoulder on the south side of Smithtown Road for the entire length of the project. Motion passed 4/1, Young dissenting. . Young reiterated that he was uncomfortable with the low percent of turnout and the Park Commission's departure from its commitment for consensus he felt they had made in the past. 8. RECOMMENDATION TO COUNCIL FOR PARK COORDINATOR POSITION The Park Commission voiced their unanimous support for Community Recreation Resources as the fIrm to handle the Park Coordinator responsibilities. . 9. NEW BUSINESS Chair Arnst reminded the Commission that their regularly scheduled Park Commission meeting would be next Tuesday, February 11, 2003. She indicated that little league would be present with pictures as promised at the last meeting. As the Sports Information meeting was tentatively scheduled for February 25, between 7-8 P.M., . Chair Arnst asked staff when the sports organizations might expect their packets. Brown indicated that staff had been directed to put out an information packet about a week prior to the meeting. In response to Commissioners questions regarding their presence at the information meeting, Brown felt Commissioners should be present in silent support of the new position and employees. 10. ADJOURN Davis moved, Palesch seconded, adjourning the Park Commission Meeting of February 4, 2003, at 9:35 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary . . CITY OF SHOREWOOD PARK COMMISSION WORK SESSION TUESDAY, FEBRUARY 4, 2003 5755 COUNTRY CLUB ROAD CITY HALL 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION WORK SESSION DRAFf Chair Arnst called the work session to order at 7:08 P.M. A. Roll Call Present: Chair Arnst, Commissioners Callies, Young, Davis, and late arrival Palesch; City Engineer Brown; Technician Bailey, and City Council liaison Turgeon Absent: Commissioner Meyer B. Review Agenda . 2. DISCUSS GOAL IDEAS FOR 2003 Chair Arnst circulated a list of approximately seven goals for the Park Commission to consider for 2003. . With regard to the Concession Stand item, Young relayed thoughts from an experienced concessionaire which indicated that health inspector decisions and reports can vary greatly depending on which inspector visits your site. Callies questioned whether the concession stand license from the health inspector is an item reviewed every year. Brown stated that, after a concession operation obtains its initial licensing, it is subject to an annual reVIew. . As the Commission agreed this was a high priority item, Chair Arnst asked if the Commission would support the formation of an advisory research committee to investigate the appeal to the health inspector's report and develop a marketing plan. She felt Meyer would make a good candidate for this position and would speak to her about the committee upon her return. In reference to interaction with other Park Commissions, Chair Arnst encouraged the Commission to accept Deephaven Park Commission's invitation to tour their new multi-purpose tennis court. She believed opportunities to partner with other Park Commissions, Three Rivers or Hennepin County, and other community groups could be worthwhile for certain endeavors, such as an LRT clean-up day. While not a priority, Callies stated that this item could be added to the 2003 goals. . Chair Arnst introduced item three, dog owner education, as an ongoing mission and one in need of further consideration as the Council would be looking at an ordinance change. She pointed out that signage, similar to the small signs on Chanhassen trails, would be useful. PARK. COMMISSION WORK SESSION MINUTES Page 2 of9 With regard to trails, Turgeon stated that the City Council would be changing the Dog Leash Ordinance, thereby requiring pets to be kept on a six foot leash, similar to County trail ordinances. . While past ordinances have been difficult to enforce, Chair Arnst hoped that continuing education would reduce problems and complaints about pets, and their waste, on the trails. Young suggested the Commission contact neighboring communities to identify what they've found to work. Chair Arnst identified another priority item, the Master Plan/CIP review process. She indicated that the CIP contains $27,000 from the CUB Project and suggested the Commission review the Master Plan for items to be added to the CIP. Brown suggested the Park Commission check with the finance department to see where the debt from Eddy Station stands and if the debt has been cleared. Chair Arnst felt the Commission could take steps with partner organizations, like the SouthShore . Community Center in order to improve Badger Park for their use, or research other opportunities, such as a wetland/nature area in Freeman Park. Bailey pointed out that he could, depending on the project, look into matching grant opportunities to do something on a bigger scale. As she learned from a recent SLUC meeting she attended, Turgeon stated that matching grants would be a good avenue worth pursuing. . With regard to item 5, Buckthorn, Chair Arnst asked what could be done to further educate residents of how to eliminate this pest properly. As buckthorn tends to take over, Chair Arnst suggested articles be printed in the newsletter addressing people's concerns and offering tips for its removal, i.e. Buckthorn Busters. Turgeon suggested the Commission consider an incentive program, such as offering a seedling, to . encourage people to eradicate the nuisance buckthorns on their property. Young proposed the Commission conduct short seminars on how to identify buckthorn and get rid of it. By scanning a picture of buckthorn to run in the newsletter and featuring articles, Turgeon felt this could be an effective educational tool. As far as Commissioner Development was concerned, Chair Arnst suggested that the Commission or City provide a seminar, perhaps sponsored by the MN Park and Recreation Board, to offer new information or resources to the Commission. She pointed out that this could be an opportunity to incorporate item 2 by inviting other Park Commissions to participate. Young asked if the seminar would address general issues faced by Park Commissions. Chair Arnst indicated that the MN Park and Rec. Board could enlighten the Park Commission on . PARK COMMISSION WORK SESSION MINUTES Page 3 of9 . various trends in other communities. Brown suggested that items 2 and 6 be combined, since many of the hot topics for discussion could provide the City with an opportunity to network with other Park Commissions. Overall, Chair Arnst maintained that City's need to be more proactive on how to raise funds for parks. She pointed out that Shakopee charges a $2,700 subdivision fee versus the $1,500 fee charged in Shorewood for parks. Young encouraged the Commission to put a process in place for briefing or educating our own incoming Commissioners in advance. Chair Arnst pointed out that the Park Commission had created a book for the City Administrator, or staff person, to use when going over issues with incoming Commissioners. Davis stated that meeting with Chair Arnst in advance of her first Commission meeting to bring her . up to speed was very beneficial. While not wanting to add to Engineer Brown's workload, Chair Arnst felt he would be the best person to provide an orientation of sorts to incoming Commissioners. Brown stated that he could develop an orientation packet to provide to new members of the Commission. . Palesch arrived at 7:32 P.M. Finally, Chair Arnst referred to item seven, the opportunity to consider events for the parks. She asked the Commission if there was interest, or a volunteer, who would evaluate fun events for Shorewood Parks, for example, winter wonderland, skiing to luminaries on the LRT, music in the Parks, etc. . Brown stated that the Music in the Park series has gone very well for Plymouth parks. Davis indicated that she would research an activity for the parks. Palesch stated that help on in informal basis. In order of priority, the goals for 2003 were set as follows: 1) Concession Stand 2) Master Plan/CIP 3) Interaction with other Park Commission/Commissioner Development 4) Dog Owner Education 5) Buckthorn 6) Fun activity/event for Shorewood With regard to the Lake Linden Trail planning process, Chair Arnst asked if there was anything else that the Park Commission needed to add. . Young interjected that he had been under the impression that the Commission involvement was PARK COMMISSION WORK SESSION MINUTES Page 4 of9 finished, with regard to Lake Linden events. Although CUB would be constructing the trail, Brown stated that the City had not gone thru the public process for the trail, noting that many aspects of the trail were yet unresolved. Brown pointed out that in order to obtain resolution of key issues such as, the location, drainage, comer landscape features, etc. the City would need to involve the public in the process. Young questioned what the Park Commission or City's role would be in the process versus the CUB developers. Brown stated that the developer would be writing the check, however, the City would be responsible for following the public process. Callies asked what more needed to be done and why the process had stopped. While the developer has been prepping the site for the building, Brown indicated that WSB has been in the final stages of designing a plan that fits the trail, drainage, and utilities along the corridor. Young inquired whether there were anticipated right of way issues. Brown stated that there would likely be right of way issues, which would need considerable public involvement. Young asked if the Commission should be moving more quickly to deal with these issues. Brown stated that there needs to be a technical plan in place to present to the neighbors first. Young noted that, during the earlier neighborhood walk, only one neighbor had expressed any concern to the Commission and he wondered if staff anticipated more resistance. Brown indicated that once stakes appear in people's yards, the City would likely hear more objections. 3. REVIEW THE DATA COLLECTED FROM THE SMITHTOWN ROAD OPEN HOUSE A. Agree on Criteria for Discussion B. Review Criteria C. Discuss Consensus for Recommendation to Council Having been provided with neighborhood comments and maps earlier, Chair Arnst identified four options for the Park Commission to consider with regard to the Smithtown trail recommendation. 1) 5' wide concrete 2) 8' bituminous 3) do nothing 4) other considerations. . . . . After researching the various input, analyzing the comments, and tallying the data, Brown shared the right of way maps and neighboring views for and against the sidewalk/trail as laid out in the 10-step . . . . . . PARK COMMISSION WORK. SESSION MINUTES Page 5 of9 process for building consensus. Although it was apparent to her from the extensive data collected that the City had done due diligence in following the trail planning process, Chair Arnst questioned whether they had obtained a consensus from the residents. Bailey pointed out that throughout the la-step process, in some form, the City has heard from 39 of the 87 residents west ofthe LRT. Callies felt that no real consensus had been attained despite the 1 a-step process that would support construction of a trail. Chair Arnst questioned the consensus qualifier itself, from the standpoint that the greater mass of residents desires a trail along Smithtown. She did not feel the Park Commission had addressed the greater community when they developed the trail planning process in the beginning. If the process doesn't say we need a consensus of the immediately affected neighbors, there is a gray area there. Brown indicated that the process does not state full consensus of the immediately affected neighbors IS necessary. While personally, Callies felt Shorewood should have a trail along Smithtown, she indicated that if there is a policy in place which states the City won't move forward on trail construction without consensus of the neighbors, she could not support the trail. Chair Arnst asked whether the Park Commission recommendation could state that, while they have not reached a clear consensus from the residents according to City policy, if the Council chose to take action, the Park Commission would support option A or B. Of the total 39 residents that responded, Young asked if there was a total number of those who supported the trail at one time or another. Davis pointed out that, at the very least, the City would get a wider road with shoulders, even if the trail did not go forward. Brown stated that 22 residents voiced support for a trail at some point during the 1 a-step process. Bailey stated that one can find a consensus depending on what side of the road they live on, for example, the south side residents were in support of the trail on the north side. If it is determined that the trail should not go off road, Bailey indicated that the next level for consideration would be what side the 4' shoulder goes on and what side the 2' shoulder goes on. Chair Arnst asked what benefit the 2' or 4' shoulder would provide. Brown pointed out that a 4' shoulder is marginally enough for a bike lane and a 2' shoulder is substandard. If the road were laid out with 4' and 2' striped shoulders, Smithtown Road would be similar to Old Market Trail. Chair Arnst asked if there was latitude to propose a 5' sidewalk on the north side and 4' shoulder on the south side of Smithtown Road. PARK. COMMISSION WORK SESSION MINUTES Page 6 of9 Brown confirmed that the Commission could propose a 5' sidewalk on the north side, however, the 4' shoulder along the south side would need to be uniform the entire length of Smithtown Road.. He . noted that any off street trail, beyond the ditch, would be beyond the widened shoulder as well. Callies questioned the necessity of having both a wide shoulder and off road trail. As there could be difficulties obtaining ROW's, Bailey felt Callies made a good point suggesting another option, which was, in essence, that consideration be given for skipping the off road trail altogether. Instead going the full 6-8' width shoulder on one side with a minimal 2' shoulder on the other side. He indicated that some of the comments would support the idea of widening the shoulder. Considering the proximity to the school, Chair Arnst felt there should be some separation between the area where people would be walking to school or along Smithtown Road and where the vehicles travel. Brown agreed, stating that initial discussions showed that people would prefer separation with a more narrow road, a sidewalk on one side, and 2' and 4' shoulders on either side. In fact, identical to . Old Market Trail. Chair Arnst asked the Commission if they felt 22 in favor sounded like a consensus to them. Bailey pointed out that most of the 22 comments were from people on the south side and that the Commission had heard little from the people who would need to grant ROW's. He stated, at this point, it was hard to tell what these people were thinking. Callies asked if ROW's would need to be granted for 2' and 4' shoulders, or merely for a.sidewalk. . Brown indicated that there were varying opinions of how far the City could go before it would have to seek easements if the trail was recommended by the Commission and Council. Since the funding and construction would be available now to provide this infrastructure designed to serve the greater community, Chair Arnst wrestled with the question of consensus. She asked the Commission if they were comfortable with making a recommendation to the Council recognizing this . limitation. Personally, as a resident whose home backs up to trail, Chair Arnst pointed out that she is sensitive to the impacts trails can have. Callies suggested they identify the trail as a less imposing sidewalk or pedestrian space. Brown agreed that it is misleading to say sidewalk or trail since different meanings are assigned to each term. Chair Arnst asked the Commissioners which way they would lean on the issue. Young stated that he did not believe the Commission had a mandate from the neighbors, if that's what the consensus was meant to weigh. Brown noted that the goals of the trail process were divided here. Chair Arnst asked if weight should be given to the affected respondents. . . . . . . PARK. COMMISSION WORK SESSION MINUTES Page 7 of9 Davis argued that, in her experience, a no show implies acceptance. Typically, only those who have a strong opinion one way or another would attend an open house or comment. Palesch asked, if the Park Commission believed a trail should be put in while construction was underway, even in the absence of a strong mandate from the neighbors one way or another, whether the Commission could say they support that. Of the available options, Chair Arnst asked the Commissioners which they would choose. Overwhelmingly, the Commissioners agreed option A - 5' concrete sidewalk to be the most flexible option as long as mitigating landscaping could be used to offset the construction. With regard to ROW issues, Chair Arnst pointed out that the whole project could be delayed by these issues and asked if the Commission could have any impact on these negotiations. While ROW issues would be a concern, Brown indicated that the Commission would have little influence on the scenario. Chair Arnst asked if the Commission would need to formulate a recommendation to share with Council. Brown pointed out that the Commission should formulate a recommendation this evening in the work session that could be made into a recommendation in the regular meeting later or they would be in violation of the open meeting law. Chair Arnst asked what elements of the discussion should be included in the recommendation. While the data did not reflect a mandate from the neighboring community, she believed staffhad done due diligence in its data gathering and collection. She also believed the timing to be critical to move forward with the trail since the money and construction site prep was at hand to construct a 5' concrete sidewalk on the north side of Smithtown Road, with mitigating landscaping built into it, as part of the vision of the trail planning process for trail connectivity. Brown asked if the Commission would support the construction of a trail or oppose it. In the absence of a consensus, Young stated that, in his opinion, it should not be considered at this time. Even though her opinion would be to move forward as part of the overall vision, Callies questioned the consensus theory and felt that if the Commission wished to weight affected owners comments, the trail support would diminish greatly. She believed that, rather than weighting comments, the Commission should leave it to the City Council to decide. Palesch argued that, if the vision of the Park Commission is to have interconnected trails, she would recommend the sidewalk construction despite the lack of a total mandate. In keeping with the City's vision, Palesch believed this to be the time to do it right as an asset to the roadway and she would recommend a trail to the City Council. If the City Council chose to support or not support the recommendation, or they felt they needed a bigger mandate, they could ask staff to go out and gain that. Palesch believed that either Brown or Bailey would be capable of going out to gain support for the proj ect. PARK COMMISSION WORK SESSION MINUTES Page 8 of9 Davis asked what properties would be impacted the most by the construction. Brown stated that there were approximately 4 houses whose trees or gardens would be impacted. He noted that a 5' sidewalk would allow for the greatest degree of flexibility and maneuverability with regard to trees etc. versus an 8' bituminous trail. Palesch voiced her support for a 5' sidewalk. Chair Arnst concurred that if the 5' pedestrian space offered more flexibility, she would be inclined to support that. Brown suggested that, if the Park Commission were going to make a recommendation in support of a sidewalk, they begin with the reasons in support, the timing, funding, vision, and end with a qualifier regarding the consensus. . Chair Arnst reiterated that she would like the City Council to know that, while the Commission has . concerns about how the numbers fell and it is a difficult decision, the Commission is comfortable with that. Young indicated that he would be the one dissenting vote. The Commission formulated a motion as follows: The Park Commission recommends a 5' concrete pedestrian space be constructed, with mitigating landscaping, on the north side of Smithtown Road from the LRT to the Victoria border with a 4' shoulder on the south side for the entire length of the project. This recommendation is tempered by the knowledge that we do not have clear consensus from the neighbors most affected by the project. The Park Commission support of a 5' pedestrian space is due in part to the construction timeliness, funding availability, and that it is in keeping with the Commission's vision for trail interconnectivity. The Commission further believes a 5' pedestrian space would offer more flexibility and be less intrusive than the 8' bituminous trail. If the City Council chooses to banish a pedestrian space altogether, the Park Commission would recommend a 4' shoulder on the north side and 2' shoulder on the south side of Smithtown Road for the entire length of the project. Young questioned whether adding the 2' and 4' recommendation muddies the water. Brown disagreed, stating that construction has always depicted a 4' wide shoulder on the north side for the most part, unless the trail was to be placed on the north. In fact, Brown pointed out that by making a recommendation about the shoulder on the north side, the Commission has taken a preventative measure for the project being bounced back for further discussion. Turgeon noted that if the City Council chooses to decline its approval for a pedestrian space, the Park Commission shoulder recommendation gives them an alternative to act on to get it done. With regard to the Commission's 2003 goals, Turgeon suggested the Commission revisit the trail planning process and further define the term consensus. Chair Arnst voiced her concern that the Park Commission not become the mediator of the east west trail planning process. . . . PARK COMMISSION WORK SESSION MINUTES Page 9 of9 . After a 3-minute break, the Park Commission adjourned to it's Regular Meeting at 9:07 P.M. 4. ADJOURN TO REGULAR MEETING RESPECTFULLYSUBNUTTED, Kristi B. Anderson Recording Secretary . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM FROM: Mayor and City Council Crag Dawson, City Administrator Larry Brown, Director of Public Works B TO: . DATE: February 6, 2003 RE: Recommendation for Park Coordinator Services The Search Committee for the contracted services of Park Coordinator has received applications, performed interviews of the qualified applicants and has formed a recommendation for the most qualified firm to provide these services. The Search Committee was comprised of the following individuals . Howard Young, Park Commission . Sue Davis, Park Commissioner . Craig Dawson, City Administrator . Twila Grout, Parks Secretary . . Larry Brown, Director of Public Works Five applications were received for the position. Table 1 is a brief summary of the firms applying for the contract. Chris Gabler Nanc Kaufmann John D ste Princi als Mary & Carl Saarion Kristi Anderson & Sall Keefe Same Same Same Comments Interviewed Firm Recreation Sports and Play Community Recreation Services Interviewed Interviewed Interviewed Not Interviewed Table 1 n t.J PRINTED ON RECYCLED PAPER 5b. Mayor and City Council Findings for Park Coordinator Services February 6, 2003 Page 20f 2 As indicated in Table 1, four of the firms that submitted applications were interviewed. The fifth firm was deleted from the candidate list, since the application received did not provide the information requested in the Request for Proposals. The Search Committee is recommending the firm of Community Recreation Services. Ms. Kristi Anderson and Ms. Sally Keefe preformed excellent during the interview processes. Their strengths during the presentation and interview time centered on the following: . Ability to communicate effectively with the panel . Enthusiasm . Knowledge of the issues and the City of Shorewood . Expressed the need to build a good communication base with the sports organizations and the City . Offered suggestions to kickoff the position and establish good communications with the sports organizations . Proven organization skills . Certainly, it is known that Ms. Anderson and Ms. Keefe are currently under contract with the City for providing recording services. In addition, this is their first venture at providing recreation services. Having stated this, clear knowledge of the issues, ability to start with little preparation, and unique enthusiasm of building a strong communication strategy set them apart from the other applicants. . The fees indicated in the proposal are on an hourly basis at $40.00 per hour, not to exceed a total of $20,000 per annum. The basis of this proposal assumes approximately 450 total hours to perform the services requested. Recommendation The Park Commission during their February 4th, 2003 meeting recommended approval of the firm Recreation Services to fulfil the contracted position of Park Coordinator. If found acceptable by the City Council, Staff and the City Attorney are to prepare an agreement for execution by the Mayor and City Administrator based upon the proposal outlined herein. . . "COMMUNITY REC. RESOURCES 1408 Baldur Park Road Vvayzata. Minnesota 5539 J (952) 471-0608 January 13, 2003 Dear Mr. Dawson: We would like to thank you for the opportunity to offer our services for the Park and Recreation Coordinator Position. In response to your Request for Proposals for a Park and Recreation Coordinator, this letter outlines qualifications of our firm, a scope of services, approximate fee schedule, and other elements directed at providing scheduling services for all field use in the City Parks for Spring, Summer, and Fall of 2003. It is our intention at Community Rec. Resources, to act as a centralized resource to the City for document retrieval and fee collection, to build and maintain positive working relationships, clarify policy to park users, and save valuable Staff time, which will benefit the entire South Lake Minnetonka Community. We believe our qualifications and proposal will provide you with an immediate pathway to solution in management of the City's parks. Please contact Ms. Anderson at (952) 471-0608, if we can be of further assistance to the City in this position. Cordially, ~i""'~)tt. ' &""",,.d...L.N~' c",_ c--' ;~_)(\.\)..A~\ III l.~ \ \ L ~J :...... Kristi Anderson and Sally Keefe BACKGROUNDfflffiLEVANTEXPEIDENCE Community Rec. Resources Community Rec. Resources is designed to provide the City of Shorewood with the ease of finite field scheduling without the worry of handling the minute details associated with managing the City ball fields. Community Rec. Resources blends experience with City Staff and Commissions with knowledge of City parks to form an effective communications team in dealing with various user groups' needs in the City's parks. Community Rec. Resources is proud to demonstrate its creativity, experience, and professionalism in working cooperatively with many different people to bring exceptional value to any task at hand. Kristi Anderson and Sallv Keefe Kristi Anderson and Sally Keefe, principals, have combined experience of over five years in working with the City of Shorewood. Experience gained through functioning as the City's . Recorders have allowed Ms. Anderson and Ms. Keefe to finely hone organizational and communication skills necessary to tactfully interpret and report the needs of many aspects of local government and its citizens. This experience has also cultivated important professional relationships with City Staff, Commissions, and local residents, familiarity with numerous City facilities and parks, as well as the necessary knowledge base regarding the process, procedures, and formulation of the Park Coordinator position, associated policies, and Park Master Plan. Ms. Anderson and Ms. Keefe offer an extensive background in working with various age groups of people in managing and coordinating tasks, in addition to providing creative, cooperative, responsible solutions to conflict in an efficient, effective manner. Exceptional communication skills demonstrated by Ms. Anderson and Ms. Keefe have established them as valuable leaders in organizational settings where negotiations were needed to bring adverse opinions to resolution. Backgrounds in organizational communication utilized in managing numerous national accounts for Burger King, International, and teaching in the Twin Cities metropolitan area also have helped to prepare Ms. Anderson and Ms. Keefe for the pressurized role of coordinating people and park . usage for the City. Technical skills associated with a variety of computer programs, such as Microsoft W ord/W orks, Microsoft Excel, Quicken, etc., utilized in preparation of analysis, summarization, and reporting of data have been employed with the completion of graduate coursework, commandeering of volunteer groups in school-related activities, participation in educational advisory boards, and continued employment with neighboring municipalities, South Lake Minnetonka Police Department and Excelsior Fire District governing boards, and the Minnehaha Creek Watershed District Citizens Advisory Committee. No current memberships or participation with any organized sports associations within the South Lake Community would allow Ms. Anderson and Ms. Keefe to bring a uniquely objective insight to the task of assisting in management of the City parks and field usage, while maintaining a strong interest in working toward increased usage by active and passive user groups within the City park system. GENERAL APPROACH TO SERVICES At Community Rec. Resources, our goal is to provide an immediate pathway and park management solution to the City of Shorewood. By acting as the centralized resource between the City and Sports Organizations, Community Rec. Resources has the ability to build relationships with the park users, clarify park policy, and save staff time, which in turn, benefits the entire South Lakes Community. As the direct liaison service for Shorewood, Community Rec. Resources will assist the City in designing and implementing procedures for team registration and facility use, facilitate the spring coordination meeting, and offer ongoing communication. . In accordance with the Park Use Priority Policy, and taking into account the Parking Feasibility Study, field specific scheduling will be provided based on the facility use equation after the proper notification and application process has been followed. Furthermore, Community Rec. Resources will work to educate Sports Organization representatives of park policy, the required documentation required to play, and in turn, direct them to educate their coaching staff of these requirements via a web site link to the Shorewood site. Additional services would include document retrieval and fee collection. With regard to on-site monitoring or visits, Community Rec. Resource's general approach would be to make surprise on-site visits on a weekly rotating basis between the various park facilities. If allocated time slots were not being used, it would be at the discretion of the Park Coordinator, in cooperation with the City of Shorewood, to determine where best to allocate the available time. The affected Sports Organizations would then be notified of the reassignment. Quality assurance could be ascertained through ongoing monitoring and communication with the City and designated sports organization representatives throughout the season. In addition, Community Rec. Resources would design a separate comment card/survey at the end of the year, which could accompany the end of the year report. If, during the course of the year, change orders were required, Community Rec. Resources would consult with City staff and follow proper procedures. SCOPE OF SERVICES . In addition, based on the detailed Scope of Services from the Request for Qualifications and Proposals, Community Rec. Resources will provide (but is not limited to) field scheduling, coordination, and liaison services on behalf of the City of Shorewood with the various sports organizations, including the ability to: 1. Utilize appropriate software to schedule field specific uses for the City Parks 2. Assist the City of Shorewood with the coordination, preparation, and execution of seasonal meetings with sports organizations 3. Issuance of agreements in accordance with park policy 4. Collect, accept, and review appropriate documentation from each candidate organization 5. Issuance of "field permits" to utilize facilities 6. Work with staff to coordinate equity based on City Policy 7. Provide continuity in representation to the Sports Organizations and the City 8. Prepare and distribute monthly and annual progress reports regarding field usage and continued improvements to the Park Coordinator Position \" FEES FOR PROFESSIONAL SERVICES The minimum estimated time allocation equates to approximately 150 - 225 person hours each spring and fall period, with additional hours during the course of the seasons. Additional services, or time, may be requested by the City during the course of the year, that are beyond the services listed in this proposal and subject to approval by both parties. The City shall compensate Community Rec. Resources for completion of professional services described above including, but not be limited to, the Scope of Services and additional services. The City shall provide Community Rec. Resources with the scheduling software, or client server software, necessary for completion of the tasks. The fees will be set up at an hourly rate in coordination with the City not to exceed $20,000, or approximately 450 total hours, for the proposed 2003 time period. This equates to approximately $40 an hour. Miscellaneous Expenses: Approved costs incurred for postage, photocopies, and other materials relative to the services provided. These costs must be reimbursed within 30 days of submission of receipts. . TERMINATION The contracted relationship between the City of Shorewood and Community Rec. Resources can be terminated at any time, by either party, with a written thirty-day notice. . ~STIB.ANDERSON 1408 Baldur Park Rd. Wayzata, MN 55391 (952) 471-0608 OBJECTIVE Freelance Park and Recreation Coordinator position, utilizing my strengths in marketing, public relations, communications and organization, to oversee and manage all organized sports events, assist and advise various departments of the City, and perform other duties and responsibilities as agreed upon.with.City staff and City Council. QUALIFIED BY Nearly three years experience as freelance recorder for the City's of Shorewood and Orono with first-hand knowledge of the evolution of the Coordinator position and familiarity with City operations and facilities. Six years experience in the media, retail, and fast food industries. Recognized for consistently exceeding sales goals and leading training seminars. . Demonstrated skills in: Market and Product Positioning Advertising and Sales Promotion Regional/Local Marketing Programs Sales Forecasting New Product Rollout Major Account Management PROFESSIONAL EXPERIENCE CITY'S OF SHOREWOOD AND ORONO, MN. 8/00 - present Freelance Recorder Providing dependable and accurate recording services for local City Council, Planning Commission, Park Commission, and Land Conservation and Environment Committee meetings throughout the year. Proficient in computer software applications, regularly prepare Minutes, and communicate with various personnel. . BURGER KING CORPORATION, Minneapolis, MN 1/92 -11/92 International fast food restaurant chain. Division of Grand Metropolitan, Inc. Retail SaleslMarketina Manaaer Developed and implemented regional and local marketing strategies for fifty corporate Burger King Restaurants in Minneapolis and Omaha. Directed in-house marketing and publicity. Designed campaigns to improve community relations. Coordinated programs to increase monthly sales, profit and customer satisfaction. Reported to Regional Vice President. Directed marketing efforts launching new products, resulting in 10% sales increases Planned, proposed and administered marketing strategies leading to 20% sales growth Designed and implemented new "Benefit Night" programs, which resulted in incremental sales growth of 50% and increased restaurant profitability Created and introduced, at 25% below budget, unique promotional pieces Conducted in-house seminars and field training programs for staff KRISTI B. ANDERSON Page Two KFAB RADIO, regional 50,000 watt AM/FM station in Omaha, NE 9/90 - 1/92 Account Executive Created and carried out innovative, customer-focused, marketing promotions and sales strategies which delivered improved sales and customer awareness. Prospected potential clients for spot and sport radio business. Developed promotional sales campaign and copy. Reported to Station Sales Manager. Prospected, persuaded and landed new clients, increasing initial client base from zero to an active list of fifty, averaging $50,000 in monthly billings Developed and maintained the highest percent of "Direct" business with an 85% monthly average, versus industry norm of 45% Exceeded monthly sales quotas consistently for over one year, by 20% on average Closed an average of 50% of all potential clients to which presentations were made KARE TELEVISION, NBC network affiliate, Channel 11. Minneapolis, MN 3/88 - 5/90 . Local Sales Coordinator, 1/89 - 5/90 Coordinated national and local commercial placements of $250,OOO/day via computerized program logs and network communication. Reported to Traffic Manager. Promotion and Special Events Intern, 3/88 - 6/88 Assisted with on-air production, special events, wrote on-air copy, and employee newsletter. WCCO TELEVISION, CBS network affiliate, Channel 4. Minneapolis, MN 6/87 - 1/89 Newsroom Dispatcher/Production Assistant, 9/88 - 1/89 Aided in the production of news and special pieces, updated stories, dispatched personnel. Broadcast Operations Intern, 6/87 - 9/88 Assisted producer-directors in planning and executing television broadcasts OTHER EXPERIENCE CUB Foods, Minnetonka, MN Grocery Store Chain - Customer Service Manager 10/97 - 5/99 PARK NICOLLET MEDICAL CENTER, Minneapolis, MN - Medical Records Clerk 6/87 - 9/88 UPS N DOWNS, Minneapolis, MN - Junior Assistant Manager 5/86 - 9/87 . EDUCATION Tom Hopkins Sales Seminar; Jason Jennings Sales Training Program 1990,1991 B.A., Speech Communication/Broadcast, University of Minnesota - Minneapolis, MN 1988 Dean's List; Listed in Outstanding College Students of America ORGANIZATIONS Orono PTO, Silent Auction and Carnival Fundraising Co-Chair Girl Scouts of America, Leader Association of Women in Radio and Television, Member Undergraduate Speech Communication Association, Founder Public Relations Student Society of America, Member . AGO Sorority/SAE Fraternity, Officer/Chairperson 1998 - Present 1998 - Present 1990 - Present 1987 - 1988 1987 -1988 1986 - 1988 " ~STIB.ANDERSON 1408 Baldur Park Road Wayzata, MN 55391 REFERENCES Mary Smith PTO Chair 1025 Tonkawa Road Long Lake, MN 55356 (952) 471-0838 . Brian Kuhnly Cub Foods Store Manager 4801 County Road 10 1 Minnetonka, MN 55345 (952) 938-1404 Brad Nielsen Planning Director, City of Shorewood 5755 Country Club Road Shorewood, MN 55331 (952) 474"'3236 Lin Vee City Clerk, City of Orono 2750 Kelley Parkway Long Lake, MN 55356 (952) 249-4600 . .... ..~~~.~Y...~:;.~.~f.~............ ....................... .... ....... ....... ........................ .... ,..... ........... ,.. ...... ,...,..,.... ,... .......................' .., ........ ...... .....,.. ..................... .......,......,.. 2216 Shadywood Road Orono, Minnesota 55391 (952) 471-1109 OBJECTIVE: To build a team-oriented approach in cooperatively organizing, coordinating, and assisting the City of Shorewood in managing its parks and user groups. QUALIFICATIONS Unique specific knowledge and experience with process, policies, and people involved in the local government system. Versatile leadership demonstrated utilizing effective communication and negotiation skills to motivate and implement change in educational system. Consistently demonstrate capabilities in analysis, summary, and reporting of information for a variety of experience and learning levels. EDUCATION 1993-1996 Master of Arts in Education Leadership, Augsburg College 1983-1987 Bachelor of Science in Elementary Education, University of Minnesota . EMPLOYMENT 1992-1998 Grade 4 Teacher, Southview Elementary, ISD #196 Planned, implemented, and assessed curriculum in a unique team teaching situation designed to meet the changing needs ofleamers. Responsibilities also included preparation and assessment of Minnesota Graduation Standards packages, implementation of new integrated literacy curriculum, and technological instructional strategies. Member of district and school literacy committees responsible for design, planning, and implementation of literacy curriculum. Staff member of Site Council. 1999-2003 Recording Secretary, City of Shore wood Record, compose, and disseminate informational data of City Council and Planning Commission. Responsibilities also include effective communication skills with City Staff, and residents. Demonstrate organizational and technical skills consistently with dedication, tact, and loyalty. . 2002-2003 Recording Secretary, South Lake Minnetonka Police Department Record, compose, and disseminate information and data of South Lake Minnetonka Police Coordinating Committee and related governing boards. Responsibilities also include demonstration of organizational and communication skills in working with various Council members and residents of local community. 2002-2003 Recording Secretary, Minnehaha Creek Watershed District Citizens Advisory Committee, Record, compose, and disseminate information to appropriate Watershed District Staffand Committee. Responsibilities include active listening, and reporting accurate summarization of newly acquired information. ADDITIONAL EXPERIENCE Tutor for grade four students, volunteer coordinator for New Hope City Police Department Safety Camp, campaign manager for New Hope Mayoral campaign. Sally A. Keefe 2216 Shadywood Road Orono, Minnesota 55391 REFERENCES Brad Nielsen Planning Director, City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 (952) 474-6558 . Brian Litsey Chief of Police, South Lake Minnetonka Police Department 810 Excelsior Boulevard Excelsior, Minnesota 55331 (952) 474-3261 Susanne Griffin Director of Elections, City of Minneapolis Room 1 B, City Hall\ 350 South 5th Street Minneapolis, Minnesota 55415 (612) 673-2073 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . DATE: Mayor and City Council Crag Dawson, City Administrator Larry Brown, Director of Public W orks ~ February 6, 2003 TO: FROM: RE: Recommendation for the Smithtown Road Trail The Park Commission at their February 4th, 2003 meeting, considered the alternatives related to the trail along the north side of Smithtown Road, from the LRT to the City of Victoria Boundary. Park Commissioners, City Councilmembers and Liaisons received copies of all the comment sheets and mapping as part of the February 4,2002 meeting packet. For brevity and reduction of paper, the comments have not been reduplicated as part of this packet. If Council members are in need of another set of comment sheets, please notify Staff and a new packet will be transmitted immediately. . Briefly, the data was tabulated for the west portion of Smithtown Road. Attachment 1 is a text summary of the feedback forms. Attachment 2 is mapping summarizing the comments received. Commissioners had a difficult task to formulate a resolution. Due to the detail of the motion made, Staff has excerpted the motion from the draft minutes, shown below. This will be discussed in great detail at Monday night's meeting. Motion Made by the Park Commission: Callies moved, Palesch seconded, to recommend a 5' concrete pedestrian space be constructed, with mitigating landscaping, on the north side of Smith town Roadfrom the LRT to the Victoria border with a 4' shoulder on the south side for the entire length of the project. This recommendation is tempered by the knowledge that we do not have clear consensus from the neighbors most affected by the project. The Park Commission support of a ft ~J PRINTED ON RECYCLED PAPER -# 5c . Mayor and City Council Smithtown Road Trail February 6, 2003 Page 2 of 2 5' pedestrian space is due in part to funding availability, construction timeliness, and in keeping with the Commission's vision of trail interconnectivity. The Commission believes a 5' pedestrian space will offer more flexibility and be less intrusive than the 8' bituminous trail. If the City Council chooses to banish a pedestrian space altogether, the Park Commission would recommend a 4' shoulder on the north and 2' shoulder on the south side of Smithtown Road for the entire length of the project. . Motion passed 4/1, Young dissenting. Young was uncomfortable with the low % of turnout and the Commission's departure from its "consensus" commitment in the past. Recommendation Based upon the motion made by the Park Commission, a resolution that approves a trail along the north side of Smithtown Road from the Hennepin County Regional Rail Trail (LRT) to the Victoria City boundary is recommended for approval. A resolution is attached for your consideration. . -, '" To: Park Commission From: Lan)' Brown, Public Works Director \ Date: January 22, 2003 Re: Smith town Road Comment Sheet . Following is a breakdown of the comments received from the Open House on January 14,2003 for questions 7,8 and 9 of the comment sheet. Staff has broken it down within the three sections: Smithtown Road West of LRT, Smithtown Road East of LRT and Project Information. Also included is the breakdown from the Aplil 2002 open house that residents were invited to. For both open houses 336 notices were mailed out. Smithtown Road West of the LRT (Green) There were 21 responses. Of those 21 responses 15 were on the north/west side of the trail and 6 were on the south side. . NorthlWest Side Comments: Question 7: Responses Not in Favor of a trail segment on the West portion of Smithtown Road 8 Prefer an 5.0 foot wide concrete walk 4 Prefer an 8 foot wide asphalt walk 1 Either a 5 or 8 foot walk is acceptable 2 Comments: Seems trail would just "dead end" at Victoria - this would encourage more bike traffic west of the trail being dumped out on the road at Victoria. ATIP-.C.H "^ ENT , Page 2 Whichever works best for the safety of walkers and bikers. Doesn't matter as long as it is plowed. Already a path to walk on; thousands of dollars was spent to make the LRT a path so why spend thousands more. Trail/sidewalk should be in place for the entire length of Smithtown Rd - if, in the future the kids are required to walk to school within 2 miles? We need to plan for this. Have a trail now - don't need two trails. Properties along Smithtown should have evergreen trees put along walkway. No 4 foot shoulders would be acceptable with any trail, 2 ft. shoulder w/5 ft. trail ok. Question 8: Responses Do not want Smithtown Rd to be reconstructed. The roadway is find ust the way it is. 5 . Roadway needs to be upgraded as long as pavement widths can be minimized to help keep the speed of vehicles to a minimum. 9 Roadway should be upgraded with wider lanes and shoulders. 1 Other: No 4 ft shoulders on north side. No parking on Srnithtown Rd. Need to place "No Parking" signs up. Repave only. . People drive to fast now on Smithtown Rd - don't need to make it so they can drive faster. Road should be upgraded to meet safety standards required for current and projected daily traffic needs for the next 10 years. Speed is a traffic enforcement issue. Size of roadway is a traffic/engineering/safety issue & should be determined by the engineer. Roadway upgraded would be nice but if is adds a lot to taxes or creates more traffic I can get along just fine Question 9: In.dicate any C01Zcems that you m.ay have regarding this proposal: Page 3 Like to see some kind of sign near the curve right after the 2nd Boulder Bridge entrance going West on Smithtown. It is a sharp curve and people don't seem to slow down for it. 1. Cost to Residents. This topic has been under discussion for so long, sometimes prefaced with the concept the state would pay for much of it. With the state budget issues and rising project costs - we need to know what assessments are being considered. 2. Using only a painted line to segregate d.1iving lanes from peds walk lanes is a little safety, there's no significant improvement. Trail/sidewalk proposal should not be determined by the property owners along Smithtown Rd - this is a city safety issue. City should try to accommodate reasonable requests by property owners, but safety improvements should be made. Do not want to be responsible for a path-in front of my property and paying to have it installed. . Time to complete - hopefully can be done to minimize detours. 1. Very concerned about the traffic/access to the school if work is not completed while school is not is session. 2. Parking @ school events is dangerous.l would like to be involved in discussions w/police/city officials about designated area for parking along Smithtown and Strawberry Lane. 3. I'm very interested in flashing lights @ school during arrival/dismissal to slow traffic down. Preference is to have the trail along the South side up to Cajed Lane and cross to the N. side. It would avoid the entrances to Boulder Br and only run along the back yds of the house and cemetary. Second choice would be to have the trail on the north side but at Rowards Pt run behind the 3 houses. Provide more scenic route. Would prefer a 2 ft shoulder on both sides of road or at least on North side. . South Side Comments: Question 7: Responses Not in favor of a trail segment on the West pOltion of Smithtown Road. 1 Prefer a 5.0 foot wide concrete walk. 1 Prefer a 8 foot wide asphalt walle 3 Has no preference but do want some kind of walking right away for peds. 1 Question 8: Responses Do not want Smith town Rd to be reconstructed. Roadway is fine the way it is. 0 Page 4 Roadway needs to be upgraded as long as pavement widths can be minimized 2 to help keep the speed of vehicles to a minimum. The roadway should be upgraded with wider lanes and shoulders. 3 Other: Lanes stay the same w/4' shoulder on South side, the 2' shoulder on the north side wlS' concrete walkway. 4' shoulder on the south side would help the north side not be so wide withe inclusion of a sidewalk, less invasive. Perhaps a 4' shoulder on both sides. It does not pit neighbor vs. neighbor, both have same condition. Also 2' is to narrow and close to traffic. Need to address safety & people not stopping at crosswalks. 20 mph restriction when light is flashing. Question 9: . Indicate any other concems you may have regarding proposal: Project is not drawn out for many weeks. Proper ped and bike rules. Involve use of both sides of road. 2' is to narrow. Check out shoulder widths in Mtka. 4' is safer. Enforce speed limit. Smithtown Road East ofLRT (Yellow) There were 6 responses. Of those 6 responses 3 were on the north side of the trail and 3 were on . the south side. North Side: Question 7: Responses Not in favor of a trail segment on the West pOltion of Smithtown Rd. o Perfer a S foot wide concrete walk. o Prefer a 8 foot wide asphalt walk. 2 Did not check anything. 1 Page 5 Question 8: Responses Do not want Smithtown Rd to be constructed. Roadway is fine just way it is. o Roadway needs to be upgraded as long as pavement widths can be minimized to help keep the speed of vehicles to a minimum. 2 Roadway should be upgraded with wider lanes and shoulders. 1 Question 9: Any other concems that you may have regarding this proposal: Traffic is very heavy & wide road would mean faster traffic. There already is a regional trail. Residence shouldn't have to accommodate the whole area. Who will pay, we have already been accessed for water. . Perhaps cross over to swamp area instead of Boulder Bridge. Would like trail regardless of side. South Side: .. .. Question- -7~' .... ....---.-------.---- ---------.----.--------.--.-..-.---------- .-.--..-.----------.----------- Respo ns es Not in favor of a trail segment on the west portion of Smithtown Rd. 1 Prefers a 5 foot wide concrete walk. 1 Received one e-mail that is in favor of widening and expanding Smithtown Rd. . Comments: It should be up to the people that live on that end. Question 8: Responses Do not want Smithtown Rd to be reconstructed. Roadway is fine just way it is. 1 Roadway needs to be upgraded as long as pavement widths can be minimized 2 to help keep speed of vehicles to minimum. Project Information (Blue) There were 36 responses. Page 6 Question 7: Responses Are not in favor of a trail segment on the West portion of Smithtown Rd. 3 Prefer a 5 foot wide concrete walk. 9 Prefer a 8 foot wide asphalt walk. 10 Prefers either 5 or 8 foot walk. 1 We received 13 e-mails in which all are in favor of some type of walking path. Question 8: Responses Is in the middle for not wanting Smithtown Rd reconstructed and to have the road upgraded as long as pavement widths can be minimized to help keep the speed of vehicles to a minimum. 1 . Roadway needs to be upgraded as long as pavement widths can be minimized to help keep the speed of vehicles to a minimum. 9 Roadway should be upgraded with wider lanes and shoulders. 9 Other: Elevation of the rd could be evened out so the hill east of Wedgewood to the trail crossing & Eureka north of Smithtown are more level or less steep. Consider ways to slow down traffic (speed bumps, stop signs). Roadway needs to be upgraded for safety. Shorewood has no community feeling. . Wider but maintain speed! Level of traffic and excessive speed makes this roadway dangerous as is. Question 9: Any other concerns that you may have regardin,g this proposal: This issue is both East & West of the LRT. It needs to be upgraded - keeping safety #1; speed #2 and the road #3. Would it be a 11' road, 4' shoulder, plus the 5 or 8' trail? This is a lot of space and concerned how my property line would be affected, both from space & visual perspective. Page 7 I It is absolutely critical that the trail stretches the entire portion of Smithtown and not "jump" over the section between Country Club and the trail. When the police & fire station move to this end of town will there be more activity as they try to get to 7? Shorewood needs to be assertive about improving the roadway. Concerns are that it won't be done due to the upcoming state budget contraints. Will MSA funding allow Shorewood to do some type of landscaping between residents and trail. Consider ways to slow down traffic in front of school. Shorewood should not impose something on the people that live on the road. . April 2002 Open House There were 64 responses. Of those 64 responses 10 were on west side of the trail and 8 were on the east side, 46 were resident comments. . ~ ,I 8 SCANNED Steps in Trail Plan Review 1. Define the situation, the need: analyze why there is a request for action. Determine what further information needs to be acquired. 2. Document the case for doing something. 3. Make the case for doing nothing. 4. Review goals, objectives and policies in the trail plan - are they reasonable? Determine if separating vehicular and pedestrian traffic is in fact a realistic goal. 5. List options to the current status quo. Develop potential alternative approaches. 6. Identify and answer policy questions. 7. Preliminary review of design alternatives: attempt to build consensus on options. Submit option analysis to the neighborhood for review and comment. 8. Choose preferred alternative (S), advise engineer on preliminary design. 9. Decide on preferred alternative. 10. On-sight walk with residents 11. Final plan review and comment. 12. Attempt to gain consent. 3/25/97 ." i': ~ STATEMENT OF COMMITMENT The Shorewood City Council and Park Commission recognize that residents have a substantial interest in establishing a trail system in the community. As a result, both groups are committed to establishing and carrying out an on-going process that with continuing public involvement, will identify opportunities and address concerns resulting in the construction of trails where deemed appropriate by the community. Reviewed and adopted by the City Council on September 28, 1998. Reviewed and adopted by the Park Commission on October 13, 1998. Smith town Road . Improvements Right of Way Strip Map WEST OF THE LR . TO VICTORIA CITY ". . . . _' , j r. ... .-:__~, ... Co-. ""'. . \'cc.....::.,,~..,.. 1;." fl 'I ~.:.:... ,.-"""""'''''""",,,. 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" Street City Ownership .-- -~,.-."......:;:::=...=:..:::::... ~ .. i; ! ; .' I ~ / Existing Right Of Way J.. .:' ." , i hereby cc;Uf)' that this pllUl or n:port wa.s prepart:d by '~e ;or under my din:c~ supcrvi,ion 8lld that T am a duly.~gistercd ~d Surveyor undc~ the la~ . - of Minnesota. -..-...-.....-....... , \. .':.,:; "1" ~, .... -='i '....'j---- / c ..-.'-........i. .' " "....-.- ~ -: ~ : !J ~ '!' .... ,- ..~~: \......... a~ .' \.... .\~, .,' . ~ \. .... ::0 t) A WSB 350 Westwocd Lake Office 8441 W;qv.ta BaullMlrd Min!lllllllClis,!.IN 55428 ~...". . ,'\ ~. .:.:.~ '0",- e'2.SoII-4aOQ '" ARac:/<lf.... IfICo F1:I. SoII.17lXl INFRASTRUCTURE . ENGINEERS . P1.ANNERS \. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: City Council . Craig W. Dawson, City Administrator cb DATE: February 6,2003 FROM: SUBJECT: Alternatives for Progress on CR19 Intersection Project At its January 27 meeting, the Council requested that staff identify alternative courses of action it could take in order to gain agreements or decisions needed to assure that construction will begin soon on the County Road 19/5mithtown Road/Country Club Road intersection project. This memorandum is meant provide a thorough, but probably not exhaustive, list of opportunities for the Council to consider. State Aid Fundinf!: Approval Reauirements . Hennepin County has designated County Road 19 to be in the County State Aid Highway (CSAH) system. Revenue to the CSAH system comes overwhelmingly from gasoline taxes and motor vehicle license fees, which are dedicated to Highway User Tax Distribution Fund (HUDTF). Under statutes relating to the CSAH system (MS 162.02), each municipality affected by a CSAH improvement project must approve final plans before the County may undertake construction. (This is also known as "municipal consent".) Consequently, the councils of the cities of Shore wood and Tonka Bay must individually give their final approval before Hennepin County Board may give its approval. CSAH improvements may have cost assignments to affected municipalities. Cities greater than 5,000 population (e.g., Shorewood) qualify for the Municipal State Aid (MSA) system, and may use fund from their MSA allotments on CSAH projects. For cities with less than 5,000 population (e.g., Tonka Bay), the county may pay for these costs from its CSAH allocation. Current Status Under an agreement, Hennepin County has authorized the City of Shorewood to prepare plans for the intersection project, for which the City will be credited. At this time, the City's consultant on the project, WSB & Associates, has prepared plans to the "95 percent level". These plans are satisfactory to the staffs of Hennepin County and the City of Shorewood, and have been found satisfactory by the State Aid Office of the Minnesota Department of Transportation. The City of Tonka Bay staffhas been a participant in the project planning meetings. n ~J PRINTED ON RECYCLED PAPER 7A County Road 19 Project - Alternatives for Progress February 10,2003, City Council Meeting Page 2 .J MnDOT, the County, and the Shorewood and Tonka Bay city councils have approved the preliminary layout plans. The final plans that are being developed have deviated little from the preliminary plans. The new ownership group of Smithtown Crossing is proposing revisions that it believes will better serve access on the south/east sides ofthe property. I had a conversation very recently with the Tonka Bay city administrator. He related that the last position stated by the Tonka Bay city council was that it would approve the final plans, assuming they were largely the same as the preliminary layout, subject to satisfactory settlement on the value of its Tonka Bay Liquors property. The Tonka Bay city council believes this value of the property and business is $450,000. In the negotiations for acquisition of this property for right-of-way, Hennepin County has had to . operate under the assumption that the liquor operation could be relocated into the Smithtown Crossing mall. The prior owner of the mall had indicated that he would entertain a lease for the liquor store. Ownership of the property changed in late December 2002. The County now needs to ascertain whether the new owners will not consider long-term leases. If they will not, then the County can negotiate on the "going concern" (or business value) of the liquor operations, as there will be no place within Tonka Bay to relocate the municipal liquor store. Alternatives To Spur Action . Mediation: The Council could request that all (or most) of the affected parties participate in mediation, in which a mediator would try to help the parties agree to a solution. All parties would include those whose properties may be subject to right-or-way acquisition. At the very least, the major parties to be included would be the City of Shorewood, the City of Tonka Bay, Hennepin County, and the owner(s) of Smith town Crossing. . Mediation depends on the willingness of all parties to participate. Absent a court order, no one can be forced to participate. Even if they were to participate, mediation does not necessarily result in attaining a solution. . Dispute Resolution: Statutes relating to the CSAH system contain a dispute resolution process for cases where not all of the required parties give their consent to a project (MS 162.02, Subd. 8- 9 [see attachment]). Essentially, the County Board would request the MnDOT commissioner to appoint a dispute resolution board (whose five members are detailed in statute). The dispute resolution board would make a recommendation to the MnDOT commissioner. If the county chooses not to construct the improvement project following the dispute resolution board's recommendation, the MnDOT commissioner may withhold the distribution of CSAH funds to the county. Apparently, this process rarely has been invoked in Hennepin County, and with little effect. County Road 19 Project - Alternatives for Progress February 10, 2003, City Council Meeting Page 3 . County's Use of Eminent Domain: The City could request the County to use its powers of eminent domain on the acquisition of Tonka Bay Liquors. A "quick-take" procedure could be used, either at the initiative of the County or by agreement between the County and the City of Tonka Bay. This procedure may seem reasonable, given that Tonka Bay is on record that it agrees with the preliminary layout. The County, for a variety of reasons, has a policy not to use eminent domain on public properties. As a practical matter, the County Board would need to agree to deviate from its eminent domain policy. . Detachment/Annexation: Many have questioned the wisdom in the decision made decades ago to have Smithtown Crossing and nearby properties being a southerly peninsula of Tonka Bay, surrounded by Shorewood. If these properties were in Shorewood, Tonka Bay would not be a party to the mutual consent requirement. . Chapter 414 of Minnesota Statutes relates to the incorporation of municipal property. Concurrent detachment and annexation of incorporated land is discussed in MS 414.061. In cases both municipalities do not initiate detachment and annexation proceedings, the director of the office of strategic and long-range planning may initiate them (Subd. 4). Presumably, a city would ask the director to take this initiative. Subdivision 5 provides that property owners may initiate proceedings. According to this subdivision, . All property owners wishing detachment and annexation must submit a petition to the director. . One of the city councils of the affected municipalities must adopt a resolution supporting the detachment/annexation petition. . The director conducts hearings and delivers an order based on the best interests ofthe municipalities and the property owner(s). . It is unclear whether other properties not listed in the detachment/annexation petition may be included in the detachment/annexation order. It would not appear to make sense, however, to leave an island of one city's land inside another city's boundaries. The detachmentlamlexation process is lengthy, and would not likely hasten construction of the CR19 project in 2003. . Encouragement for Action by Tonka Bay: The City continues to receive questions about the CR19 project. Staff consistently responds that the City is doing all that it can for progress continue, and relates that the project is stalled due to lack of final approval by the City of Tonka Bay. Residents are encouraged to contact Tonka Bay and let it know of their concerns about the lack of action. The Council has spoken about restoring four-way stop-signs at the intersection, by placing a stop sign on the southbound leg ofCR19 at Smithtown Road. This control may have a positive effect on traffic safety. It would also result in greater traffic congestion on southbound CR19, and negatively affect motorists from Tonka Bay. Obviously, an improved intersection as planned would remove this congestion. Council would need to request Hennepin County to authorize placement of this new stop sign. County Road 19 Project - Alternatives for Progress February 10,2003, City Council Meeting Page 4 ./ All of these options carry a risk of disrupting the relationship between the City Councils of Shorewood and Tonka Bay, both in the short-term and in the long-term. Councilmembers should weigh the value of this relationship on both this project and future ventures as they consider actions to spur more immediate progress on the CR19 intersection. Request bv Hennepin County Transportation Department We met with Jim Grube, Transportation Director for Hennepin County, on February 5. He related that his staffhas been able to resume progress on the intersection project, as the issue of the ownership of Smithtown Crossing was settled during the holidays. This change in ownership definitely has effects on the settlement of value for right-of-way acquisition of the Tonka Bay Liquors property. Mr. Grube noted that the County has had only a month to become make . significant progress again on this project. He requested an opportunity to address the City Council on February 24, and that the Council not pursue any of the alternatives that may be listed in this memorandum until he has had a chance to speak with you. CITY COUNCIL ACTION: Staff recommends that the Council . Accept this report, and . Schedule a work session immediately following City Council and EDA meetings on February 24, 2003. . c: Agenda Packet Recipients Jim Grube '. . . Minnesota Statutes 2002, 162.02 Page 1 of 1 Subd. 8. Approval by city. Except as provided in subdivision 8a, no portion of the county state-aid highway system lying within the corporate limits of any city shall be constructed, reconstructed, or improved nor the grade thereof changed without the prior approval of the plans by the governing body of such city and the approval shall be in the manner and form required by the commissioner. Subd. 8a. Dispute resolution board. If a city has failed to approve establishment, construction, reconstruction, or improvement of a county state-aid highway within its corporate limits under subdivision 7 or 8, the county board may, by resolution, request the commissioner to appoint a dispute resolution board consisting of one county commissioner, one county engineer, one city council member or city mayor, one city engineer, and one representative of the department of transportation. The board shall review the proposed change and make a recommendation to the commissioner. Notwithstanding any other law, the commissioner may approve the establishment, construction, reconstruction, or improvement of a county state-aid highway recommended by the board. Subd. 9. Commissioner's power. When it shall be made to appear to the commissioner that the county board of any county has refused to locate and establish a county state-aid highway which in the opinion of the commissioner is necessary to provide an integrated and coordinated highway system, the commissioner may, until the county state-aid highway is located and established, withhold from the county so much of the county's share of the county state-aid highway fund as the commissioner deems advisable. http://www.revisor.1eg.state.mn.us/stats/162/02.htm1 1/28/03 Minnesota Statutes 2002, 414.061 Page 10f2 Miml.~~t.~s..tat1Jtes_4.QitZ-,-J:~a.b.k otC.hapt~~ .' Ll!ple .9-[ COJJ1~llt(;tfQ.LC.h~pJ;~L4.l:1 414.061 Concurrent detachment and annexation of incorporated land. subdivision 1. Both municipalities may initiate the proceeding. Property of one municipality which abuts another may be concurrently detached and annexed by the procedure set forth in this section. The proceeding shall be initiated by submitting to the director resolutions of both municipalities describing the land and stating their desire to detach and annex the land. Subd. 2. Order. If the resolutions are in order, the director may order the detachment and annexation. Subd. 3. Effective date of order. The concurrent detachment and annexation shall be effective upon the issuance of the order, or at such later date as provided by the order. . Subd. 3a. Copy to county auditors. A copy of the annexation order must be delivered immediately by the director to the appropriate county auditors. Subd. 3b. Timing of tax levies. For the purposes of taxation, if the annexation becomes effective on or before August 1 of a levy year, the municipality acquiring the detached area of another municipality may levy on it beginning with that same levy year. If the annexation becomes effective after August 1 of a levy year, the municipality losing the detached area may continue to levy on it for that levy year, and the municipality acquiring the detached area may not levy on it until the following levy year. Subd. 4. Director's initiative. The director (1) may initiate proceedings for the concurrent detachment and annexation of portions of one municipality completely surrounded by another municipality, or (2) may act upon the petition of all of the owners of property in the completely surrounded area. In such cases the director shall conduct hearings and issue an order pursuant to section 414.09. In arriving at a decision, the director shall consider the factors in section .!!.!.,:...2,~, subdivision 3. The director shall order the proposed action on finding that it will be for the best interests of the municipalities and the property owners. In all cases, the director shall set forth the factors which are the basis for the decision. . Subd. 4a. Repealed, 1996 c 303 s 19 Subd. 5. Property owners may initiate. Property owners may initiate proceedings for the concurrent detachment of their property from one municipality and its annexation to an adjacent municipality by a petition signed by all of them that they submit to the director accompanied by a resolution of the city council of at least one of the affected municipalities. http://www.revisor.leg.state.mn.us/stats/414/061.html 1/28/03 . . Minnesota Statutes 2002, 414.061 The director shall conduct hearings and issue an order pursuant to section .1_~,!.:..Q2.. In arriving at a decision, the director shall consider the factors in section 1.1_!':"Q.;?, subdivision 3. The director shall order the proposed action on finding that it will be for the best interests of the municipalities and the property owner. In all cases, the director shall set forth the factors which are the basis for the decision. HIST: 1969 c 1146 s 16; 1973 c 621 s 6; 1975 c 271 s 6; 1978 c 705 s 25-27; 1985 c 30 s 4; lSp1986 c 3 art 1 s 53-55; 1991 c 291 art 12 s 26; 1994 c 511 s 9; 1996 c 303 s 17,18; 2002 c 223 s 19 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.1eg.state.mn.us/stats/ 414/061.html Page 2 of2 1/28/03 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM DATE: January 31, 2003 . CC: Mayor and Council Members CII1t,,^ Jean Panchyshyn, Executive SecretarylDeputy Clerk !f'J-l V Craig W. Dawson, City Administrator G>D DOG ORDINANCE AMENDMENT TO: FROM: RE: . At its meeting on January 27,2003, the City Council discussed the current dog ordinance as it pertains to dogs on the Southwest Regional LRT Trail. The City's dog ordinance differs from that ofthe Three Rivers Park District, which requires pets be on a six-foot leash on the Southwest Regional LRT Trail. Council directed staff to prepare an ordinance amendment to require that dogs be kept on a six-foot leash on the Southwest Regional LRT Trail. The proposed new language to the dog ordinance is noted in underline: Section 701.01 DEFINITIONS . Subd. 4. RESTRAINT: A dog is under restraint if it is on the premises of the person harboring or keeping the dog, or if the dog is with the person having custody of it and is effectively restrained by a leash or chain or is within ten feet (10') of the person having custody of it and is obedient to the command of that person. This provision does not apply to the Three Rivers Park District Southwest Regional LRT Trail (see Subd. 5). Subd.5. RESTRAINT ON THE SOUTHWEST REGIONAL LRT TRAIL. Dogs must be kept on a leash not more than six-feet in length on the Southwest Regional LRT Trail per regulations of the Three Rivers Park District on behalf of the Hennepin County Regional Railroad Authority (HCRRA). COUNCIL ACTION: Approval of a dog ordinance amendment to include language that requires dogs on the Southwest Regional LRT Trail be kept on a six-foot leash. . ft ~~ PRINTED ON RECYCLED PAPER "4t78 CITY OF SHOREWOOD . ORDINANCE NO. _ AN ORDINANCE AMENDING CHAPTER 701 OF THE SHOREWOOD CITY CODE RELATING TO DOGS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Section 701.01, Subd. 4 of the Shorewood City Code shall be amended to read as follows: Subd. 4. RESTRAINT: A dog is under restraint if it is on the premises of the person harboring or keeping the dog, or if the dog is with the person having custody of it and is effectively . restrained by a leash or chain or is within ten feet (10') of the person having custody of it and is obedient to the command of that person. This provision does not apply to the Three Rivers Park District Southwest Regional LRT Trail (see Subd. 5). Section 2. Section 701.01 of the Shorewood City Code is hereby amended to add: Subd. 5. RESTRAINT ON THE SOUTHWEST REGIONAL LRT TRAIL. Dogs must be kept on a leash not more than six-feet in length on the Southwest Regional LRT Trail per regulations of the . Three Rivers Park District on behalf of the Hennepin County Regional Railroad Authority (HCRRA). Section 3. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of February, 2003. . WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council 1\ ~ Craig W. Dawson, City Administrator u1J February 6, 2003 SLMPD Task Force for Joint Powers Agreement Amendments In 2002, there was not unanimity among the four city councils about the 2003 budget to be approved for the South Lake Minnetonka Police Department (SLMPD). One of the member city councils approved a percentage increase that was lower than the one recommended by the SLMPD Coordinating Committee and approved by the other three city councils. Out of that process came two items that the SLMPD Coordinating Committee resolved to address in 2003. 1) The provision regarding what level of budget would be approved, in the absence of unanimity, does not convey clearly what the resulting authorized budget would be. At the very least, this provision needs to be cleaned up. 2) Alternatives to the unanimity requirement need to be discussed. Some (many?) persons believe that unfairness results with this approach. The 2002 Coordinating Committee recommended that the incoming 2003 Coordinating Committee form a subcommittee or task force to address these matters. The task force would identify alternatives for the Coordinating Committee to consider; the Committee, in turn, would make recommendations for action by the city councils. At its meeting on January 29, the Committee decided to form the task force with the following membership: . Police Chief . Two persons from the Excelsior City Council, and its city manager . Two persons from the Shorewood City Council, and its city administrator The Coordinating Committee suggested that one of the persons from each of the city councils be the mayor, as that person serves on the Committee and can provide continuity when discussion occurs at the Committee level. RECOMMENDATION: Staff recommends that the City Council name two of its members to the SLMPD Task Force on the Joint Powers Agreement. n ~J PRINTED ON RECYCLED PAPER :# IC- . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: February 5,2003 TO: Mayor and City Council Members -::% Jean Panchyshyn, Deputy Clerk ^ ~ Craig W. Dawson, City Administrator ty . FROM: RE: LIQUOR LICENSE VIOLATIONS - ADMINISTRATIVE FINES BACKGROUND . The City's current Liquor Regulations do not include reference to administrative penalties for on- or off-sale liquor violations. In the past, these penalties have been determined on a case-by- case basis. Although there has not been a great number of violations in the past several years, language is needed to clarify the existence of administrative penalties and to set specific fees to assure fairness and consistency from case to case. . Staff conducted a survey of other communities' liquor violation penalties (see Exhibit A). Minnesota Statutes 430A.415 (Exhibit B) allows for a fine of up to $2000. There seems to be some consistency amongst those cities surveyed of a first offense fine of $500, and a second offense fine of$1000. Fines for third and fourth offenses vary. Should Council determine to set specific fines, Staff is recommending the following administrative penalties: $500/first offense $1,OOO/second offense in 24-month period $1,500/third offense in 24-month period $2,000/fourth offense in 24-month period The City's current ordinance for on-sale liquor violations does include a provision for suspension of the license for a period not to exceed 60 days, or revocation of the license (MS 340A.415). . ft ~J PRINTED ON RECYCLED PAPER 1t7D February 5, 2003 Page 2 Staff has prepared a Draft Ordinance Amendment for Council consideration (Exhibit C). This Amendment identifies license violation administrative penalties for both on- and off-sale, as provided in the fee schedule in Chapter 1301.02 of the City Code. Staff has also prepared a Draft Resolution for Council consideration (Exhibit D) setting the specific penalties, as recommended above, to be included in the fee schedule as specified in Chapter 1301.02 of the City Code. CITY COUNCIL ACTION Council may approve an Ordinance Amending Title 400 of the Shorewood City Code Relating to Liquor Regulations, which includes language for License Violation Administrative Penalties; AND Council may approve a Resolution Setting License, Permit, Service Charges and Miscellaneous Fees for Administrative Fines for Liquor Licenses in Violation. . . . . . . . . . . Liquor License Penalties - Quick Survey, May 20, 2002 Shorewood: Code follows MS 340A.415, which allows up to 60-day suspension, fme up to $2000, or revocation Minnetonka: Code follows MS 340A.415, which allows up to 60-day suspension, fine up to $2000, or revocation Edina: Code follows MS 340A.415, which allows up to 60-day suspension, fine up to $2000, or revocation Practice is $500 fine first offense; $1000 fine for second offense in 24-month period; fine and suspension/revocation for third offense in 24-month period. Eden Prairie: Code lists sanctions for violations. $ 500 fme for flI'st violation $1,000 fine for second violation in 24-month period $1,500 fine and two-day suspension for third violation in 24-month period $2,000 fine and suspension or revocation for fourth violation in 24-month period Plymouth: Code lists matrices of sanctions for licensees and "Best Management Establishments", by on- and off-sale licenses. For comparison, Shorewood would qualify as a "best management" off-sale licensee. $ 500 fine for first violation $1,000 fine and three-day suspension stayed for second violation in three-year period. Third violation within three-year period: Taken of "best management" matrix and returned to regular license matrix for one year. First violation under regular license matrix is $500 fine and three-day suspension; Second violation is $1,000 fine and seven-day suspension; Third violation is $2,000 fme and 12-day suspension; Fourth violation is revocation. Maximum fine in any case is per MS 340A.415, . which allows up to 60-day suspension, fine up to $2000, or revocation Employee discipline for cities with municipal liquor operations: Eden Prairie: Written reprimand for flI'st occurrence; termination possible for second occurrence Edina: Written reprimand for first occurrence; termination possible for second occurrence Ex:h; 6,+ A Minnesota Statute 340A.415 License revocation or suspension; civil penalty. On a finding that the license or permit holder has (1) sold alcoholic beverages to another retail licensee for the purpose of resale, (2) purchased alcoholic beverages from another retail licensee for the purpose of resale, (3) conducted or permitted the conduct of gambling on the licensed premises in violation of the law, (4) failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under section 340A.508, subdivision 3, or (5) failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages, the commissioner or the authority issuing a retail license or permit under this chapter may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions. No suspension or revocation takes effect until the license or permit holder has been given an opportunity for a hearing under sections 14.57 to 14.69 of the Administrative Procedure Act. This section does not require a political subdivision to conduct the hearing before an employee of the office of administrative hearings. Imposition of a penalty or suspension by either the issuing authority or the commissioner does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum. H 1ST: 1985 c 248 s 70; 1985 c 305 art 6 s 15; 1985 c 309 s 11; 1 Sp 1985 c 16 art 2 s 3 subd1; 1Sp1986c3art1 s42; 1987c152art1 s1; 1987c310s12; 1988c534s2; 1991 c 249 s 19; 1993 c 350 s 11; 1994 c 611 s 23 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. [xh'j biT I) . . . . . " . . . . . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING TITLE 400 OF THE SHOREWOOD CITY CODE RELATING TO LIQUOR REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Chapter 401, Municipal Liquor Store, of the Shorewood City Code shall be amended to add the following: 401.09: LICENSE VIOLA TION ADMINISTRATIVE PENALTIES. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Chapter 1301.02 of this Code. Section 2. Chapter 402,3.2 Percent Malt Liquor, of the Shorewood City Code shall be amended to add the following: 402.15 LICENSE VIOLATION ADMINISTRATIVE PENALTIES. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Chapter 1301.02 of this Code. Section 3. Chapter 403, Intoxicating Liquor, of the Shorewood City Code shall be amended to add the following: 403.14: LICENSE VIOLATION ADMINISTRATIVE PENALTIES. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Chapter 1301.02 of this Code. Section 4. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this lOth day of February, 2003. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK fxhl'h;t c.. .. CITY OF SHOREWOOD .. RESOLUTION NO. 03- A RESOLUTION SETTING LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES WHEREAS, fees paid to the city for licenses, permits, services charges and miscellaneous fees shall be determined from time to time by the Shorewood City Council; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that certain fees are set as follows: Description New Fee II. LIQUOR . Administrative Fines Licensees in Violation $500/first offense $l,OOO/second offense in 24-month period $1,500/third offense in 24-month period $2,000/fourth offense in 24-month period ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of February 2003. . WOODY LOVE, MAYOR ATTEST: . CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . txh,'bit D . . CITY OF S'HOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewopd.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen Larry Brown DATE: 5 February 2003 RE: Petition for Extension of City Water - Shorewood Village Center, Inc. FILE NO.: .405 (03.04) . Shorewood Village, Inc. has submitted a petition (Exhibit A, attached) requesting a feasibility study for the extension of water main from its current location at Gillette Curve and Minnetonka Drive to the Shorewood Village Shopping Center. In the petition, they agree to pay the City's expense for the preparation of the study. Staff recommends that the City's engineering consultant, WSB, be directed to prepare a feasibility study addressing the pipe sizing and estimated cost for the requested extension. The developer will use the feasibility study to determine whether city water is a cost effective alternative to constructing an on-site storage tank, or connection to the Chanhassen water system. While the study is being prepared, staff will continue to work on recommendations relative to the current water policy. The current policy requires that petitions will be considered when submitted by a majority of property owners affected by the improvement. The Council may waive that requirement with a four-fifths vote. Cc: Craig Dawson Tim Keane Stan Taube ft ~., PRINTED ON RECYCLED PAPER # 8. A. PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota Tdflr<.<.o Y , 2003 To the City Council of Shorewood, Minnesota: WE, THE UNDERSIGNED OWNERS of the real property described as: See Exhibit A. attached hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: Water main . Provided that the estimates, bids, and proposed assessments are in an amount acceptable to each owner in its sole discretion, each owner further agrees, in consideration of the City action at oUI request to cause construction of the above-described improvement, to pay such sums as may be determi ned by the City to be a fair and reasonable apportionment of the costs of said improvement. Provided that the estimates, bids, and proposed assessments are in an amount acceptable to each owner in its sole discretion, each owner expressly waives objection to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amOlmt thereof levied against Owner's property is excessive; and waives all rights of appeal in the courts. . Each owner reserves the right to review the feasibility report and, if bids are solicited, the bids received, to determine whether the costs and assessment amounts and terms are acceptable to the owner in its sole discretion. Each owner will provide the City with a written determination in such respect. Nevertheless, in all instances, the City shall be reimbursed its costs associated with preparation of the feasibility report, and with soliciting bids if such action is taken, on a pro-rata basis by each owner based on the respective square footage of each owner's respective property. Date Print Name of Owner Description of Property \. f~ 2. ~ Shorewood Village Shopping Center. Inc. Exhibit A. attached " .,). 4. Exhibit A PETITION FES-04-0S 14:21 FROM- T-22S P.002/00S F-087 Cub Foods SHOREWOOD, MN -- .'EXH16IT A" That part of Lot 173 lying Northerly of the Northerly rlght-of-WilY line of State Highway No.7 and lying West of the East 50 feet of said Lot 1 n measured at right angles from the east line of said Lot 173; Auditor's Subdivision Number 13$, Hennepin Col,Jnty. Minnesota: . And That part of the East SO feet of vacated Woodruff Avenue shown on the plat of "Unden PerK, Hennepin Co., Minn,", lying North of State Highway No. 7 and lying South of the SOl,Jtheasterly extension of the straight portion of the Northeasterly line of Lot 13 .Unden ParK, Hennepin Co., Minn" ,. The Parcells described as follows: KNOW ALL MEN BY THESE PR.ESENTS: l11at Shorewood Village Shopping Center, Inc., a Nevada COl'pOration, owner and proprietor of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Registered Property:. LOt 172: That part of Lot 170 lying South of the Westerly extension of the North line of Lot 112: That part of loot 171 lying South of the North line of Lot 172. extlPnded West to the center line of vacated Woodruff Avenl,le; And . Lot 12, "Linden ParK, Hennepin Co., Minn." Those parts of Lots 11, 13, 14 and 15. "Lint;len Park, Hennepin Co., Minn." and those parts of vacated Woodruff Avenue ano vacated Maple Street, dedicated in said plat all described as follows: Beginning at the Northwesterly comer of said Lot 14; thence Easterly to the Northeasterly c:ornlilr of said Lot 14; thence Northerly to the Northwesterly comer of said Lot 13: thence Northw9$terly along a line which Intersects the Southwesterly corner of Lot 11, "Linden PCirK. HennepIn Co. Minn." to the center line of said vacated Maple Street, thence SOl,Jtheasterly along said center line and its extension, ISaid extenlSion being parallel with the straight portion of the Northeasterly line of said Lot 13 to a line drawn parCillel with and 30.00 feet West, as measured at a right angle from the East line of said I.ot 11 and the Southerly ex.tenslon of said east line: thence North along s;aid perallelline to t\18 Northerly line of said Lot 11; thence Easterly along the Northerly line of said Lot 11 and its extension to the erast line of the WeISt Half of vacated Woodruff Avenue thence South ;along saio East line. alsO being the West line of the E.ast 3Q feet of said vacated Avenue. to the fOnner Northerly right-of-way \Ine to StatE: Highway No.7 as described in CR aook 2414 of Deeds. Page 293 (Document No. 5439216); thence Westerly along said former Northerly right-of- way line to a point 100.00 feet Easterly llllong said right-of-way line from its intersection with the Southerly extension of the Westerly line of said Lot 13: thence Northerly parallel with said extension and the Westerty line of said Lot 13, a dist!ince of 100.00 feet: thence Westerly to at point on the Westerly nne of said \...ot 13 distant 19.24 feet Northerly from the most Southorty comer of said Lot 13; thence Southerly along said Westerly lina and its extension to said former Northerty right-of-way line; thence Westerly, deflecting to the right 100 degrees 54 minutes 25 seconds to the We$terly line of said Lot 14; thence Northerly along the Westerly line of lSaid Lot 14, to the point of beginning. And l11at part of the south half of Maple Street as dedicated on the plat of LINDEN PARK. according to the recorded plat thereof. Hennepin County, Mif'\nesota, vacated by City of Shorewood ReSOlution NO. 02-060, described as lying easterly of the southerly extenlSion of the west line of Lot 11. $aid I.JNOEN PAR.K and west of a line drawn from the northwest corner of Lot 13, said LINDeN PARK to the southwest comer of said Lot 11, said LINDEN PARK. Ano Legal DeSCription for ShorewOOd village Shopping Center Cub Foods page - 1. 012 02/04/03 . . .... IT1 QJI I ~ .j>.. 1llJ: :;::lW--l 5' o:;:r 5' -'J:-:} ~ .,zoto-g ~~ ~ ->'->'''; \ I C> :::rill 01ll::T:r ~~ ~ t,;) l1> 'S. 9..0-!!t~ --J--J::r ... Q,..fIl ~lJl9lDl a. a. OI;:)::Jlll a. f\.s.~o.~3 m" ~ ....Nm ~g ;:s-(i;(()....... DlCD.... - :;::l ra - ~::J" iil 5' ;,.~ ~...o., ~o..& o @ z-o -~ii~ 3 iTa CIJ -<_-Ill -- _"2.0 I>> ::r Gl iD' (1) Sl. OlCPl ~(: ~0J:;:+ @ 0 - ::T:;::l:::\.~ ~i~~~~, ll., ~, e: ;I. "'"' ~~ Q,.::lr -0 S.....mo :::1>-' t1l 0':1"0 lUll) a 0.00 '" {to. g:::J ..... 3:-~ gpag n :::Lra:::: Z.:::r UI~ !'""'.... sS: 3(1)::JS'- 1>>(\)(1) (I),<::1::JOO e:Q. 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