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082800 CC Reg AgP .. i ." }' CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING lV!ONDA Y, AUGUST 28,2000 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda --- ~. ...ft;A. Mayor Love ~ Stover ~ Garfunkel-L- Lizee V Zerby #> 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, August 14,2000 (Att.-#2A Minutes) B. City Council Work Session Meeting Minutes, August 14,2000 (Att.-#2B Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein:. ,ft, NOTE: Give the public an opportunity to request an item be removedfrom the ClJnsent Agenda. Comments can be taken or questions asked foUowing removal from Consent Agenda. A. A Motion to Adopt a Resolution Committing the City of Shore wood as a participant in the "Building Quality Communities" campaign (Att.-#3A Resolution) B. A Motion Authorizing the Mayor and Administrator to Enter Into a Lease Agreement with Metricom (Att-#3B Agreement) C. A Motion to Adopt a Resolution Approving a Simple Subdivision and Combination (Att. #3C Draft Resolution) , i6... "r ....... l .' Applicant: Herb Margolis Location: 28045 Boulder Bridge Drive D. A Motion Approving the 2001 South Lake Minnetonka Police Department Budget (Att. #3D Proposed Budget) E A Motion Authorizing Execution of a Water . Service Agreement fora Residential Connection to the Minnetonka Water System (Att.-#3E Water Service Agreement) Applicant: Marvin Fischer Location: 5360 Vine Hill Road ..' S' ~ CITY COUNCIL AGENDA -August 28,2000 Page 2 of3 ~ F. A Motion Authorizing Execution of a Water Service Agreement for a Residential Connection to the Tonka Bay Water System (Att.-#3F Water Service Agreement) Applicant: Tom and Nan~y Henke Location: 5435 Timber Lane 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative 6. PLANNING - Report by Representative A. A Motion to Adopt a Resolution Approving a Setback Variance for Greg Swirtz (Att. #6A Draft Resolutioo) Applicant: Greg and Molly Swirtz Location: 6090 Ridge Road B. A Motion Directing Staff to Prepare a Fmdings of Fact for a Setback Variance (Att.-#6B Planner's Memorandum) Applicant: Len Twetan Location: 26300 Smithtown Road C. A Motion to Directing Staff to Prepare an Ordinance Rezoning Property from R-2A to R- C (Att.-#6C Planner's Memorandum) Applicant: Dave Mueller for Control House Investments Location: 23075 State Highway 7 D. A Motion Directing Staff to Prepare a Resolution Approving Concept and Development Stage Plans for Manitou Woods (Att. #6D Planner's Memorandum) Applicant: Roger Anderson Location: 5580 Manitou Lane 7. GENERAL A. Discussion Regarding Water Patrol Staffing on Lake Minnetonka (Att.#7 A Memorandum from Cities of Orono and Mound) B. Presentation of the Annual Financial Report (CAFR) by Steve McDonald, CPA (Att.#7B Fi~ceDirector'sM em orand.um) '. .. .... '/~, .'.() ',' D- ~ t.., cOtlr of '~()"ftt\~\ -rr (') L-l<{\Jl)('....,. ",~ ENGINE GIPUBUC WO~ 8. ;/ "', .. CITY COUNCIL AGENDA -August 28, 2000 Page 3 of 3 9. REPORTS . A. Administrator & Staff Reports 1. Gideon Glen 2. Skate Park 3. Eddy Station 4. Certificate of Appreciation from the Metropolitan Council for the City of Shorewood's participation in the Livable Communities Act 5. Freeman Park Watermain and Sanitary Sewer Project Update 6. Report on right-of-way permit for Dan Heiland 7. Set Joint Meeting Date with Planning Commission -19 September B. Mayor & City Council Reports 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#10) . ~ CITY OF SHOREWOQD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-.0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us ExecutIve Summary Shorewood City Council Regular Meeting Monday, 28 August 2000 r.. Agenda Item #3A: The League of Minnesota Cities has launched a two.;.year public education campaign called "Building Quality Communities". The 2-year program is envisioned as a grassroots effort among all cities to enhance the perception of Minnesota cities and increase citizen trust and participation in their local government. The League is asking the City to adopt a resolution to commit to this effort and to designate a contact person to receive materials. . 4 ',"'.;", I' ., \... Agenda Item #3B: At the 14 August meeting the Council adopted a resolution approving a - conditional tlse permit allowing Metricom to locate telecommunications facilities at the Southeast Area water tower site. The next step is to authorize a lease agreement. The enclosed agreement is the same as the one used for APT and AT&T recently. One change that remains to be made is that Metricom wishes to pay on aquarterly basis versus annually. . Staff has no objection to this arrangement. Approval of the lease requires asixnple majority vote by the Council. ..~ ~. , ; ;' . ". . < ~. . ~; ~ ' : . . lr Agenda Item #3C: , At its24 July meeting the Council directed staff to prepare a resolution approving a lot line rearrangement for Herbert Margolis. The enclosed resolution requires a simple majority vote by the Council. J ~ " t' ~.. Agenda Item #3D: As mentioned in the2001 Budget Work Session on 14 August, the Police Department is requesting a 3.8 percent increase in their budget for 2001. Their budget is enclosed for your review. Approval requires a simple majority vote by the Council. Agenda Item 3E: Mr. MarvinFischer, of 5360 Vine Hill Road has petitioned the City of Shorewood to.permit a water service connection to the City of Minnetonka's water . system.W.atermain is only available to this property from the City ofMinnetonka's system. _ Under current policy, the applicant must enter into an agreement with the City of Shorewood to request service from another municipality. Staff is recommending approval of the motion which would grant a. connection for the property located at 5360 Vine Hill Road to the City of Minnetonka's water system, subject to the property owners executing a standard water connection agreement. Approval of this and Item 3F require a simple majority vote by the Council. Agenda Item 3F: Mr. and Mrs. Henke of 5435 Timber Lane have petitioned the City of Shorewood to permit a water service connection to the City of Tonka Bay's water ft ~.1 PRINTED ON RECYCLED PAPER ,( -;. ) Executive Summary - City Council meeting of An.gust 28, ~OOO-~ h~2~2 ' ~ : / ~j''-'^ . -, . - - -'.-/'- -' -'.- "- system. This item is identical, to the previous agenda)teni with~the e)(cepiion of Tonka \ Bay being the supplier of municip~~ water _ serVice. ,.$ta~f is ~ec6niinenciing 'appr9yaluof .,~_ the motion.that would granta connection totl!~City uft6I).ka BaY~s-;watersystem, ~ - . subject to, t~e property owners.execu!i~ga,st~dard water 'conIlectioI{agreeJ1:nt~~ e, Agenda Item6A: At its 24 Juryr~eeting theCouncildireciedstatttoprepa::~~re;iliuti~ approving a bluff setback yarillIlce toGregand;MollySwirtz;~IQwing them to Duild a'- . deck on .therear.of their home. c Approyal of the en<~losed resolution requrre~; aJoui-tifthsc, ,vote by the Counci1., " "", /, ~~ _ '~c:':)- '.~ . '. '- -.- .--- .... / ,..:> Agenda Item6B: . Len Twetan has requested setback variances to expand hfshome;at16300 Smithtown ~oad:. The Planning Commission voted 4-2 to reconlm~nd approval of the , familY'~oo~garage/sunroom addition. ,They tabled the portion' of the request hlvolving , J the front porch addition. In order that the Twetim' s b~ able to start work on the , . . " , accepfa.!>leportion of the remodeling, the variaIlce requests be separated~,The-porch . ' f additio!lwill comeback to the PI~ningCommission atits 5 ~ept~mber meeting. In the ' mean'time, the Councilshould.direct stafftoprepare~findingsof fact approving the' addition to the tear of the'home:ApprovaFwill ultimately require a four-fifths v()teby the Council. _ . -", J I / . < , !'- ' -<'-::/- , Agenda Item 6C: Dave Mueller~~representing Control Hous~ Investments at 23075 State . Highway 7, has requested a rezoning for tile vacanf parcel that had been previously been compined wIth hi1i office building site. ,The vacanfportion oftheJlot is zoned R...2A, Single-and-Two-Farriily,Residential.: Therezoniii'g would make the entire 10fR~C, ResidentiaI Commercial. Itmay be worth noting thata previousCit}T Council actuallY- encourage the previous' owner of the pf6perly~0 acquire the additional]and.The Plan~ing Commission voted'unanimously to approve the rezoning, noting that any further use of the property would require a conditional 'use 'p-erqrlt. Staff should be directed to draft the appropriateordiq,ance amendment for thenext Council meeting. Approval,~will . _;\. then require a follr-fifths votepy the Council.' _, ' : :-,,," ( - - '- ~ -~ -- . -~ - Agenda Item 6D: Roger Anderson has resUl!ected a's!i1all twin-home project kflowii as /~ariitouWoods at5580 Manitou Lane. Theplan proposes two, two.;f~ly dwellings to. be accessedpy.a single, driveway entrance'fromCounty Road 19. Mr. Anderson'iplans , ~ reflect the approvals that~er~ grantedjn1995.__Counc:~rs~OlIld direct staff toprepa,re-a ._ 'resolution approving Concept and Developme~tStage~Plans. Approval at the'next , meetiniwiUreqri'ire afour~fifths vo~e by the Council. - -,' . . "'J.:' -::.~'::~ ,--'~ '1 'r ',- --v ../ /_ Agenda Item 7A: The LMCD, at .the reqtiestof member cities, is pursuing the addition of ' two additional water patrol officers for Lake Minnetonka: 'At a meeting on Thursday, itwas / 'suggested that the approximate $100,000 price tag be funded 50% by Hennepin County, 20% by the Save the Lake organization, and 30% by member cities. Shorewood's portion of the bill would likely be between $1500 and $2000. While no action is required at this time, LMCD representatives will be approaching the cities for suppo~ in the near future. Agenda Item 7B: Shorewood's Auditor, Steve McDonald of the firm Abdo, Abdo and-Eick will present the Cities Certified Annual Financial Report. 1 ~ . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 14,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES DRAFT 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Stover; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby (arrived 7:02 P.M.) B. Review Agenda Mayor Love read the agenda. Engineer Brown requested the addition of Item 8B, regarding a Bituminous Overlay Project. Mayor Love requested Item 31 be moved to Item 7 A. Councilmember Lizee requested Items 3G and 3H be moved to Item 7B and 7C, respectively. Councilmember Zerby arrived at 7:02 P.M. Garfunkel moved, Stover seconded, approving the agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, July 24, 2000 Garfunkel moved, Lizee seconded, approving the City Council Regular Meeting Minutes for July 24, 2000, as presented. Motion passed 5/0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded, Approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Adopting RESOLUTION NO. 00-075. "A Resolution Appointing the 2000 Primary and General Election Judges." B. A Motion Authorizing Expenditure of Funds for City Hall Carpeting C. A Motion Authorizing the City Administrator to Hire a Communications Technician." D. A Motion Authorizing Expenditure of Funds for a Photocopier :5'-:;lA 'f CITY COUNCIL REGULAR MEETING MINUTES-August 14, 2000 Page 2 of6 E. A Motion Adopting ORDINANCE NO. 365, "An Ordinance Amending Chapters 902 and 1301 of the Shorewood City Code Regarding Use of Recreational Facilities by Athletic Associations and Fees Associated Therewith." F. A Motion Adopting RESOLUTION NO. 00-076. "A Resolution Approving a Conditional Use Permit for Telecommunications Facilities on the Southeast Area Water Tower." G. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Reducing the Allowable Density for Senior Housing Projects (This item was moved to 7B.) H. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory Structures (This item was moved to 7C.) I. A Motion Adopting an Ordinance Regulating the Use of Phosphate Fertilizers (This item was moved to 7 A.) . J. A Motion Adopting RESOLUTION NO. 00-077. "A Resolution Approving a Temporary Gambling License for Southshore Senior Center, 5735 Country Club Road." K. A Motion Adopting RESOLUTION NO. 00-078, "A Resolution Accepting Public Improvements and Authorization of Final Payment for City Project 9705, Old Market Road Retaining Wall." L. Annual Financial Report M. A Motion Adopting RESOLUTION NO. 00-079, "A Resolution Approving the Permanent Appointment of Jean Panchyshyn as Executive Secretaryl Deputy Clerk." N. A Motion Adopting RESOLUTION NO. 00-080, "A Resolution Appointing Representatives to the Excelsior Fire District Board." . O. A Motion Establishing October 28, 2000, as the Fall Cleanup Date Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 5. PARKS A Park Commission meeting had not been held since the July 24, 2000, Regular City Council Meeting, thus, there was nothing to report at this time. 6. PLANNING Commissioner Boehm reported on matters considered and actions taken at the August 1, 2000, Planning Commission Meeting (as detailed in the minutes of that meeting). The next scheduled meeting of the Planning Commission is August 15, 2000. , . CITY COUNCIL REGULAR MEETING MINUTES-August 14, 2000 Page 3 of 6 7. GENERAL A. A Motion Adopting an Ordinance Regulating the Use of Phosphate Fertilizers(This item was removed from the Consent Agenda for discussion and consideration.) Mayor Love stated he had been contacted by Planning Commissioner Woodruff regarding concern for application near wetland areas. He also noted he had been contacted by Chris and Beth Johnson. owners of the Shorewood True Value store, regarding their concerns. Chris Johnson, 16110 Ninth Avenue North, Plymouth, Minnesota, expressed his objection to subdivision four of this proposed ordinance. He explained his understanding that other cities are also entering into ordinances similar to this one, however, he believed there were no restrictions on the sale of phosphorus fertilizer in those ordinances. Specifically, he noted the surrounding cities of Excelsior, Chanhassan, and Victoria do not have this restrictive ordinance. He stated his concern to be that three of every four customers in his store are not from Shorewood, and his belief that this ordinance would drive his customers to other stores to find this product. thus, he would lose money. He also stated he believed this to be an unfair restriction placed upon his store. . Further, he stated in response to Mayor Love's comment, that most customers are looking for the Scott's brand of fertilizer which does contain phosphorus. In talking with the Scott's company, he found there is no comparable product available to him as a retailer, as Scott's believed providing phosphorus free fertilizer to be a disservice to its customers. . . Mayor Love noted taxpayers are saddled with the burden of removal costs of phosphorus from our lakes in the amount of approximately three to six million dollars annually. Mr. Johnson stated Scott's to be a national provider and do not seem to be concerned with providing phosphorus free fertilizer out of regional need. Also, he stated there are other phosphorus sources contributing to the pollution of our lakes, and while there may be three to six million spent annually, there is no way to measure how much of that would be spent even if the phosphorus free fertilizer were supplied. He stated while he was not an expert, it was his understanding that in most cases, the phosphorus in the lawn stayed in the lawn and the problem comes in soil erosion, over application of fertilizer, and application on to hardcover areas. He also stated his purpose was not to engage in debate with the Council, but rather state his concern there is a lack of availability of product to his as a retailer and competing retailers are not restricted in sale, thus. hurting his business. In response to Councilmember Garfunkel's question, Mr. Johnson explained he supplied twenty products that did carry phosphorus and two without it. However, he did receive requests from customers for phosphorus free fertilizer. Mayor Love commented that there was some legislation in place for next year entertaining the possibility of banning the use of phosphorus fertilizer for next year. Also, in the last fifteen years, experts have examined fertilizer runoff and concluded it to be the leading water problem. While there are other sources of phosphorus contributing to poor water quality, such as leaves and animal feces, he still believed this ordinance to be a good attempt to deal with this problem. He could appreciate the fairness issue raised by Mr. Johnson. but could not be persuaded not to support the ordinance. He also stated he thought it reasonable to consider moving the effective date for the ban of sale of phosphorus free fertilizer to the year 2002. thus. allowing time to contact state organizations, watershed districts, and Scott's to try to come to some sort of united solution to this problem. Councilmember Lizee agreed with this idea, noting Scott's is a huge company and perhaps they could be convinced to take a regional approach and adjust their product to coincide with the needs of this area. 1 CITY COUNCIL REGULAR MEETING MINUTES-August 14,2000 Page 4 of6 Councilmember Garfunkel noted it would be helpful if the neighboring cities would adopt similar ordinances so that the effort to prohibit the sale of phosphate fertilizer would be more supportive to business owners such as Mr. Johnson. Councilmember Stover stated she had great sympathy for the competitiveness between retailers in the area regarding sale of this type of product. Councilmember Garfunkel suggested Mr. Johnson see this as a marketing opportunity for his store in that he could be the source for phosphorus free fertilizer in the area. Beth Johnson also addressed Council. commenting she and her husband strive for customer service and diversified selection of products for their customers. As a business owner, she has been talking to these large companies about this matter, but they do not seem to be listening. In addition. she and her husband take the extra time to educate customers about proper application of this fertilizer to avoid problems for everyone. She stated she believed this to be an opportunity to work with Council supporting the need for phosphate free fertilizer on a regional level and to continue to educate the public about the need for . careful application. Garfunkel moved, Lizee seconded, Adopting ORDINANCE NO. 366, "An Ordinance Amending Title 300 of the Shorewood City Code, Establishing Regulations for Lawn Fertilizer Application, Section 310.04, Subdivision 4, Regarding the Sale of Phosphorus to read, "Effective January 1, 2002, no person,..." and Item a, "Effective January 1, 2002, small quantities..." and Items b and c of Section 310.04, Subdivision 4, Regarding the Sale of Phosphorus to read "Effective January 1, 2001, displays of fertilizer..." and "Effective January 1, 2001, for each sale...." Councilmember Stover stated she would like to see a timeline plan regarding efforts to make this an area wide concern. Mayor Love suggested this plan take place no later than the first Regular City Council meeting of October, 2000. . Councilmember Zerby questioned if there was a way to measure the impact being made by legislation about this matter. Director Nielsen explained that testing of phosphorus in wetland areas had been done by students at one of the Minnetonka Schools in past years. Councilmember Lizee noted this is an ongoing study by Kathy Timberg's students at Minnewashta Elementary School and perhaps they could be contacted to help in this matter as well. Motion passed 5/0. B. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Reducing the Allowable Density for Senior Housing Projects (This item was removed from the Consent Agenda for discussion and consideration.) Director Nielsen provided background pertaining to the ordinance. Councilmember Lizee explained a site selection study is being done, and she believed this amendment should be discussed after that study is complete. Councilmember Stover agreed and stated the decrease by two units across all areas to be a bit arbitrary. Mayor Love suggested the ordinance be held and brought back to Council no later than the second Regular City Council Meeting in November, 2000. Council concurred. C. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory Structures (This item was removed from the Consent Agenda for discussion and consideration.) " . ". CITY COUNCIL REGULAR MEETING MINUTES-August 14,2000 Page 5 of 6 Council member Lizee stated her concern that this ordinance seemed to be a bit strict and while she understood the Commission's benefit of avoiding a large number of Conditional Use Permits, she believed this would increase the number of requests for variances. Also, she believed it would not allow for any homes to maintain their unique or historical character. Director Nielsen explained the intentions of the Planning Commission as being a more aggressive approach to dealing with the cases where someone chose to do an extensive remodeling project of fifty percent of more. CounciImember Stover stated her preference that the Planning Commission have flexibility to examine each situation on its own and agreed with CounciImember Lizee's perception of this ordinance as too restrictive. She also believed it would take away the asset the Planning Commission holds currently in determining need. CounciImember Garfunkel noted flexibility is good, and Councilmember Zerby stated he would also like to see the flexibility remain if an effort to maintain unique qualities in the homes of Shore wood. . Mayor Love stated this item failed for lack of a motion. 8. ENGINEERINGIPUBLIC WORKS A. A Motion to Adopt a Resolution Approving Plans, Specifications, and Estimate and Authorizing Advertisement for Bids for Freeman Park Water and Sewer Improvements Engineer Brown provided background regarding this matter noting this proposed circuitous route would improve the water system dramatically in this area in terms of water quality and fire flow issues. Stover moved, Zerby seconded, Adopting RESOLUTION NO. 00-081, "A Resolution Approving Plans, Specifications and Estimate and Authorizing Advertisement for Bids for Freeman Park Water and Sewer Improvements." Motion passed 5/0. . B. A Motion Authorizing Entering Into a Contract for Bituminous Overlay with the Cities of Greenwood and Deephaven Engineer Brown explained he had been contacted by the City of Deephaven regarding a joint bituminous overlay project slated for Minnetonka Boulevard. He noted the bid of $47, 827 by Hardrives, Inc. was considerably lower than the anticipated budget amount of $80,000 pertaining to this project. Zerby moved, Stover seconded, Approving Entering Into a Contract for Bituminous Overlay with the Cities of Greenwood and Deephaven. Motion passed 5/0. 9. REPORTS A. Administrator & Staff Reports 1. Gideon Glen Director Nielsen noted this matter would be discussed in the Study Session immediately following this meeting. 2. Skate Park \~ , . . CITY COUNCIL REGULAR MEETING MINUTES-August 14,2000 Page 6 of 6 Director Nielsen explained presentations are being scheduled with local supporters interested in helping funding this project. 3. Eddy Station Engineer Brown stated the footings have been poured and there may be a lack of activity on the site for approximately a month due to the high industry demand in concrete materials. This delay is not expected to delay the date of completion and he noted the contractor has done a great job on the project thus far. B. Mayor & City Council Reports Councilmember Lizee sadly noted there had been an incidence of sexual assault in Tonka Bay recently. The police are reminding residents to keep close watch over children in the area. Mayor Love noted there is a Joint Powers Meeting for the Fire Departments on August 29, 2000, and matters will be discussed by the new Excelsior Fire District Board for September, 2000. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting to Work Session at 8:21 P.M., subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator -. . . " CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, AUGUST 14,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS (8:30 p.m. or immediately following Regular Meeting) MINUTES 1. CONVENE WORK SESSION MEETING DRAfT Mayor Love called the meeting to order at 8:38 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Stover, and Zerby; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love read the agenda. Lizee moved, Stover seconded, approving the Agenda as presented. Motion passed 5/0. 2. DISCUSSION REGARDING ESTABLISHING WARDS Attorney Keane presented the process by which the City could establish Wards. He noted it would be sensible to wait until Spring, 2001, after the official census had been published to the legislature and the legislature would have had an opportunity to redraw its legislative boundaries. A discussion of the merits of a three ward and four ward system ensued. Councilmember Stover noted that a ward system may make citizens feel closer to one elected official. Also, different areas of the City may have different problems, and a ward system may allow an individual froma certain area to understand the problems of that area more extensively. Councilmember Stover also commented a good City Council would listen to the word of the person from that ward and may rely on them for an accurate perception of problems in that area. Most issues, however, do seem to be the same for all areas of the City, and it is important to remember that Shorewood would remain one community. Councilmember Zerby questioned what situation would arise should no one choose to run for a ward position. Mayor Love stated the Council would then appoint someone from that ward to assume the position of Councilmember for that term. Mayor Love noted there was a need to discuss key reasons for establishing a ward system. Thus far, he noted there seemed to be public support from residents as well as the support of two previous mayors from Shorewood. The only objections discussed at the legislative level included the situation Councilmember Zerby referred to, and there was concern about the idea that if officials are elected at large than that gives the perception of one community. However, Mr. Love stated, the opposite seemed to be true- if elected officials are chosen from a smaller area, such as found in a ward system, people feel #:20 "'.... . . \ CITY COUNCIL WORK SESSION MEETING MINUTES AUGUST 14, 2000 Page 2 of2 more comfortable talking with someone from their ward, and this helps to develop a stronger sense of community overall. Council seemed to prefer a four ward system over a three ward system. 3. GIDEON'S GLEN - APPRAISER'S REPORT The completed appraisal was presented to Council for analysis and discussion on this matter. A discussion followed regarding establishing funding for the possible acquisition of this property at a later date. 4. 5- YEAR CAPITAL IMPROVEMENT PLAN (CIP ) Engineer Brown provided a fine graphically detailed description of anticipated expenditures and revenues generated as part of this Improvement Plan. Of particular note, is the need for a replacement for the Woodhaven Well. Engineer Brown provided three options for replacement of this well, with the preferred option being to interconnect with the City of Excelsior's water system near St. John's Church. The City of Excelsior is very supportive of this project. Council favored the idea as well. 5. 2001 GENERAL FUND BUDGET Finance Director Burton presented a Preliminary Draft Budget for the Year 2001 to Council at this time. She noted legislative levy limits are inactive this year. She also noted revenues are expected to remain fairly stable for the Year 2001, and only a growth in expenditures of approximately 7% due to increased need for expense from the Fire Department, Police Department, as well as other smaller expenditures. 6. ADJOURNMENT Lizee moved, Zerby seconded, adjourning the Work Session at 11:05 P.M. Motion passed 5/0. RESPECTFULLYSUBNUTTED, Sally Keefe, Recording Secretary Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator ~ .. CITY OF SHOREWOOD RESOLUTION NO. 00-_ A RESOLUTION TO JOIN IN "MINNESOTA CITIES: BUILDING QUALITY COMMUNITIES" STATEWIDE EDUCATIONAL EFFORT Whereas, the top values and priorities of citizens include safety, family, job opportunities, health, the well-being of children, and recreational opportunities; and Whereas, many of the services cities provide directly enhance those citizen priorities; and Whereas, the connection between city services and how they benefit those citizen priorities and concerns is not always understood by citizens; and . Whereas, it is one of the responsibilities of city officials to ensure legislators, media and citizens understand their governments through open and frequent communication using various avenues and means; and Whereas, it is important to encourage citizens to actively participate in city government, to share their views, and to work in partnership with city officials to ensure that the needs of the community are met; and - Whereas, partnerships developed between citizens and city officials can result in greater understanding of the connection between Minnesota's high quality of life and the services provided by Minnesota cities, as well as in greater trust by citizens in the efforts of their city government; . Now therefore be it resolved that the City of Shorewood hereby declares its commitment to join in the "Minnesota Cities: Building Quality Communities" statewide educational effort in cooperation with our fellow members of the League of Minnesota Cities. We hereby designate Jean Panchyshyn, Executive Secretary/ Deputy Clerk, as the City of Shorewood's key contact for this effort, and will inform the League of Minnesota Cities of this designation. ADOPTED by the City Council of the City of Shorewood this 28th day of August, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR 43A . Minnesota Cities: Building Quality Communities BACKGROUND In the past few years, members of the League of Minnesota Cities have become concerned about what some state legislators and other groups are saying about city government. More and more comments seem to describe cities as special interest groups, rather than as representatives of Minnesota citizens. Add to that a disconnection from government felt by a growing number of Americans, especially among young people, and League leaders decided to take action. Cities are the means to "community." We work in the interest of the families and businesses that live and work in our communities, and we are major contributors to quality of life in Minnesota. This is the message we must make clear to "key influencers" - legislators, the media, other influential groups - and directly to our citizens. . Last year, the LMC Board of Directors worked with a public relations firm to obtain candid feedback from citizens and key influencers to determine what quality of life means to them and how their city government helps contribute to that quality of life. Through focus groups and one-on-one interviews, we heard from citizens and key influencers about their top priorities for a high quality of life. Top Priorities of Quality of Life · Safety · Family · Job opportunities · Good health care · Good schools · Recreatio.nal opportunities · Strong sense of community . From these findings, we developed key messages and the foundation of the Building Quality Communities effort. Since many of these priorities reflect the services cities proVide to Minnesota' citizens, city officials can begin to connect the value of city services to the values of our citizens. The mission of Building Quality Communities 1. To enhance the perception of Minnesota city governments and city officials. 2. To reinvigorate and increase citizen involvement in city government. 3. To reinstill a sense of pride in public service, inspiring young people to seek careers in city government. The key to achieving this mission is a grassroots effort among all cities, focusing on clearly and consistently making the connection between the work of city governments and the high quality of life Minnesotans experience. We also will work to: · Seek effective ways to get citizens involved in building their community. · Continue improving our partnership with legislators and the media. · Strengthen our collaboration with other community groups. For more information and resources, visit the league's BQC Web site: www.lmnc.org/bqc/home.htm . . Minnesota Cities: Building Quality Communities BENEFITS By participating in the Building Quality Communities public education campaign, your city and all League members can benefit in a number of ways. Benefits to your city: . Greater understanding among your city's residents, businesses, community groups, legislators, reporters, and editors of how your city's efforts contribute to quality of life in your community. . Increased citizen participation in your city's activities and discussions, due to an enhanced perception of the role of Minnesota city governments and city officials. Assistance from LMC in communicating this connection between what your city does and quality of life in your community - we plan for this assistance to come in many forms over the next two years, including: a video you can show on your local cable access channel or at city events; camera-ready and electronic versions of the Building Quality Communities logo (both black and white and color versions); - talking points for speaking to community groups and schools; sample articles, press releases and advertisements; facilitation of citizen focus groups; and a catalog of items your city can purchase that incorporate the Building Quality Communities logo with your city's name. . Benefits to all Minnesota cities: Working together, Minnesota cities can proactively define themselves in a positive light, rather than reacting to how legislators, the media, and other groups characterize us. · This statewide, grassroots effort gives cities strength in numbers and one voice in challenging negative perceptions and conveying the message that city governments are essential to quality of life in Minnesota. · If we are successful in associating city governments with positive goals and essential services, we believe we can gain greater legislative cooperation and strengthen our partnership in serving our common constituents. We also believe that increased partidpation in city government may result, as well as decreased cynicism among young people. For more information and resources, visit the League's BQC Web site: www.lmnc.org/bqc/home.htm ) Minnesota Cities: Building Quality Communities KEY MESSAGES Key messages are concise, memorable phrases that have meaning for target audiences. The phrases describe the mission of an organization or program and help to focus efforts to achieve that mission. The key messages for the Building Quality Communities campaign are based on what we learned from our focus group discussions and interviews with citizens, key influencers, and legislators. By integrating the BQC key messages into your city's communications, you can convey the connection between what cities do and quality of life in your community. (Please see sample ads in right folder pocket.) KEY MESSAGES FOR CITIZENS . Cities... . ... work for safe neighborhoods ... create economic vitality '" proVide opportunities for all citizens ... value children and families ... encourage citizen involvement in community building ... foster pride in community ... work in the interest of citizens ... plan for the community's future . . . . . KEY MESSAGES FOR LEGISLATORS . Cities... . ... plan for the community's future ... encourage citizen involvement in community building ... work in the interest of citizens ... improve the quality of life for Minnesotans . . . For more information and resources, visit the League's BQC Web site: www.lmnc.org/bqc/home.html .. Jo' . Minnesota Cities: ' Building Quality Communities 0 TIPS FOR ELECTED OFFICIALS Building Quality Communities is about taking charge of the way your city is perceived by your residents, legislators, and the media. It is not about creating a new program, but about integrating the BQC effort into what your dty is already doing to communicate with citizens, legislators, the media, and 'community groups. It is also. designed to be easilyimpleme.nted,bycities,of all sizes. The following are tips for how you asanelectedoffidal can jump-start the Building Quality ,', ,Communities campaign in your community. In addition to these tips and the other items contained inthis packet, theLeague willregularly sendparticipatingBQCcities tools and resources to help in the effort.' ' . . " .' .. . , Pass the enclosed BQC resolution at a cit:ycouncil meeting to make your city a participant in the Building QualityCommunities effort. ' e. . As part of this. resolution, designate a key contact person for this initiative and' inform the League of your BQC staff contact. This person should work closely with the staff persbn in charge of communications. (~eeenclosed resolution,) , . . Show the Building Quality Com';'uniti~ video ata council meeting; or in your , presentations to businessesandcommunity groups~ . . Think of ways to use the key messages in your communication with citizens, the media arid legislators. The key messages should directlyrelateto,a. city service that adds value to the community and quality of life. (See enclosed key messages .and examples of how to use them.) , ' . .' ' . ,Use the key messages in your talks at community eventS and other community activities such ~s business openings, award ceremonies, or state of the city address. Encourage citYstafft~think of ways to use the key messages in your city new~let:ter, ,internal, communications, press releases, brochures; and your city's Web site. ' . . ... . , ~ . , ". . w · Seek partnerships with businesses and influential community groups to collaborate with the city in the BQC effort. " For more information and resources, visit our new Web site: www.lmnc.orgjbqc/home.htm . . . i WATER TOWER SPACE LEASE AGREEMENT of THIS WATER TOWER SPACE LEASE AGREEMENT (the Agreement) is made as -, 2000 (the Effective Date), between Metricom, Inc., a Delaware corporation, (Lessee); and City of Shorewood, a Minnesota municipal corporation, 5755 Country Club Road, Shorewood, Minnesota 55331 (City). STATEMENT OF FACTS City owns certain real estate located at 5500 Old Market Road, in the City of Shorewood, in the County of Hennepin, State of Minnesota, legally described in Exhibit A hereto (the Premises). . City owns and operates a municipal water tower on the Premises (the Tower). Lessee desires to enter into this non-exclusive lease to lease a portion of the Premises and certain space on the Tower for the purpose of installing, maintaining and operating certain equipment therein and thereon. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1.) TERM. . (a) Initial Term. The term of this Agreement shall commence on the commencement of physical construction on the site, or October 1, 2000, whichever comes first, and continue for a period of five (5) years, through September 30, 2005 (the Initial Term), unless sooner terminated as provided for herein. (b) Renewal Term(s). The term of this Agreement shall automatically renew on the same terms and conditions herein, for up to three (3) additional periods of five (5) years each (the Renewal Terms), unless earlier terminated as provided for herein. The Initial Term and all Renewal Terms are collectively referred to herein as the "Term." 2.) DEMISE OF SPACE. City hereby lets and demises unto Lessee, and Lessee hereby receives and accepts from City, the following: (a) Site Enclosure Space. City shall provide sufficient space near the Water Tower to accommodate the construction, maintenance and operation, pursuant to the specifications and requirements listed in Exhibit B hereto, to house certain equipment therein. :# .3 f:; . , (b) Tower Space. . (1) Initial-- City shall provide space on the Tower for the purpose of attaching the transmitting equipment in the locations and apparatus and facilities used in connection therewith (the Initial Equipment) set forth in Exhibit C, in the locations designated in such exhibit (the Tower Space). (2) Additional Equipment and Modifications -- Any plans to: (i) materially modify, change or replace the Equipment; (ii) materially modify or change the installation of such Equipment; (iii) change the location or frequency of all or any part of the Equipment; or (iv) add any additional equipment to the Tower, shall be submitted for City's prior approval. Items (i) through (iv), inclusive, shall hereinafter be collectively referred to as the "Additional Equipment." Lessee shall promptly, upon demand by City, pay for an evaluation performed by an independent structural engineer and/or a professional communications engineer, retained by City, as City deems necessary, to determine whether the Additional Equipment will interfere with existing or proposed operations on the Premises, and whether the Tower can structurally support the Additional Equipment. In addition, proportional adjustment to the Base Rent shall be agreed upon by the parties hereto, if additional antennae will be installed or additional space on the Tower is required to accommodate the Additional Equipment. The Initial Equipment and Additional Equipment shall hereinafter be collectively referred to as the "Equipment." (c) Access. Subject to acts of God and other occurrences beyond the reasonable control of the parties, Lessee and its authorized agents shall have access to the Premises twenty-four hours a day, seven days a week in order to maintain and operate its Equipment thereon. Lessee shall request access to the Premises in advance, at a place designated by the City. . The Building Space and Tower Space are collectively referred to herein as the "Leased Premises." 3.) RENT. (a) Base Rent. (1) Effective Date Through December 31, 2000 -- During the period from the Effective Date through December 31, 2000, Lessee shall pay rent (the Base Rent) to City, for the Leased Premises, in an annualized amount of Eighteen Thousand and nol1oo Dollars ($18,000) per year pro rated (based upon a 360 day year basis). The nonrefundable annual payment for such period shall be paid in full, in advance of the Effective Date. 2. . , (2) Each Full Calendar Year Thereafter -- During the first full calendar year of the Initial Term, Lessee shall pay Base Rent to City, for the Leased Premises, in an annualized amount of Eighteen Thousand and no/1 00 Dollars ($18,000) per year commencing on and shall be payable on the Effective Date. For the remainder of the Term, Lessee shall pay Base Rent to City, for the Leased Premises, in an annualized amount (as adjusted pursuant to Section 3(a)(3) below) payable in advance commencing on January 1, 2000, and continuing on January 1 of each calendar year thereafter, through the remainder of the Term. The Base Rent shall be adjusted at the rate of $60.00 per month for each antenna in excess of nine antennae. ' (3) Annual Adjustments -- The annualized Base Rent shall be increased as of January 1,2001, and each year as of January 1 thereafter, by the greater of: a. five percent (5%) of the previous year's annualized Base Rent; or . b. by an amount equivalent to the increase in the Consumer Price Index for All Urban Consumers, All Cities, All Items (1984 = 100) (the CPI), as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties hereto. To determine the annual increase in Base Rent under this paragraph, the annualized Base Rent for the previous calendar year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter one year earlier. Such fraction shall be converted to a percentage equivalent, and shall be multiplied by the previous year's Base Rent. . (b) Additional Rent. All taxes, charges, costs and expenses that are directly attributable to Lessee's improvements and Lessee hereby assumes, together with all interest and penalties that may accrue thereon, if Lessee fails to pay the same, and all damages, costs, expenses and sums that City may incur or that may become due by reason of any default by Lessee or failure by Lessee to comply with the terms and conditions hereof, shall be deemed to be "Additional Rent"; and, in the event of nonpayment thereof, City shall have all rights and remedies as hereinafter provided for failure to pay Base Rent when due. 4.) GOVERNMENTAL APPROVAL CONTINGENCY. Lessee's right to use the Leased Premises is expressly contingent upon its obtaining, in advance, all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. City shall cooperate with Lessee in its efforts to obtain such approvals and shall take no action that would adversely affect the status of the Leased Premises with respect to the Lessee's 3. . , proposed use thereof. In addition, before obtaining a building permit, Lessee shall cause to be performed and pay the reasonable cost of: (i) a radio frequency interference study performed by an independent, qualified communications engineer selected by the City, showing that Lessee's use contemplated herein will not interfere with any existing communications facilities upon the Tower (the Interference Study); and (ii) an engineering study performed by an independent structural engineer selected by the City, showing that the Tower is able to support the Equipment, without prejudice to the City's use thereof (the Structural Stability Study). If the Interference Study reveals that there is a potential for interference that cannot be reasonably remedied by the Lessee, or the Structural Stability Study reveals that the structure is unable to safely bear the weight of the equipment, neither of such findings shall constitute a default by either party hereto. 5.) OWNERSHIP. (a) Tower. City shall at all times retain exclusive title to and interest in, and control of the Tower and the Premises. . (b) Equipment. Lessee shall at all times retain exclusive title to and interest in, and control of the Equipment. The Equipment shall at all times remain the personal property of Lessee and shall not be fixtures on the Premises. . 6.) USE. INSTALLATION AND NON-INTERFERENCE. Lessee shall use the Leased Premises only for and in connection with the operation and maintenance of a City- approved communications antenna facility, equipment and cabinets and uses incidental thereto tor providing radio and wireless telecommunication services: The Equipment shall be installed at Lessee's sole cost and expense in a manner approved by City in advance. A government unit may be allowed to place antennae or other communication facilities on the tower regardless of potential or actual interference with Lessee's use; however, if Lessee's use of the property is materially affected, Lessee may terminate the Lease. A government unit is to include Public Safety agencies, including Law Enforcement, fire and ambulance services. Lessee shall immediately cure any such interference or, if such interference cannot immediately be cured, shall temporarily reduce power or cease the offending operations, until a cure at full power is achieved. With the exception of government units, City agrees to prevent any subsequent carrier from installing its equipment on the Premises if it is reasonably anticipated to interfere with Tenant's use of the property. 7.) MAINTENANCE AND REPAIR. (a) Tower. City shall be solely responsible for the maintenance and repair of the Premises and the Tower in a safe condition and fit for the use contemplated hereby. Except, however, any damage resulting from the acts or omissions of Lessee or its authorized agents shall be repaired by City, and Lessee shall reimburse City, upon demand, for all reasonable costs associated with such repair. Prior to issuance of a certificate of occupancy Lessee agrees to pay to the City the City Engineer's estimate to powerwash the Tower. The City shall provide Lessee with copies of invoices for any such repairs. 4. (b) Equipment. Lessee shall pay and be solely responsible for the maintenance and repair of the Equipment. If Lessee fails to timely maintain or repair the Equipment as herein required, City may, but is not hereby required to, after 30 days notice to Lessee, take reasonable steps to maintain or repair the Equipment, and Lessee shall reimburse City, upon demand, for all reasonable costs associated with such repair and maintenance. In addition, at all times during the Term, all of the Equipment installed on the Tower shall be painted the same color as the Tower, at the sole expense of Lessee. 8.) EVENTS OF DEFAULT. The occurrence of anyone or more of the following events shall constitute an Event of Default under this Agreement: (a) Failure to Pay. Lessee shall fail to timely pay any amount due under this Agreement, and such failure shall continue uncured for more than thirty (30) days after receipt of notice thereof from City; . (b) Failure to Perform. Except as otherwise stated herein, Lessee shall fail to perform any other covenant of this Agreement and Lessee does not cure or reasonably commence and proceed diligently to cure such failure within sixty (60) days after receipt of notice thereof from City; or (a) Terminate this Agreement. Terminate this Agreement pursuant to Section Web) below; and/or (b) Other Available Remedies. Pursue any other available remedies at law or in equity that may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of this Agreement. 10.) TERMINATION. Upon termination of this Agreement, except if terminated by reason of an Event of Default, Lessee shall be entitled to a refund of any Base Rent paid in advance. This Agreement may be terminated pursuant to any of the following provisions.: (a) By Notice. Lessee may elect to terminate this Agreement, without cause, as of the end of the Initial Term or any subsequent Renewal Term by giving notice to the City at 5. . . least ninety (90) days prior to the expiration of the Initial Term or any subsequent Renewal Term. (b) By Default. Either party may terminate this Agreement as described in this paragraph. If City or Lessee fail to perform any covenant of this Agreement and does not cure or reasonably commence and proceed diligently to cure such failure within sixty (60) days after receipt of notice thereof from the other party, the other party may at any time thereafter: (i) terminate this Agreement as of the date stated in such notice; and/or (ii) subject to the limitations of Section 26(k) herein, pursue any other available remedies at law or in equity that may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of this Agreement. (c) By Failure of Governmental Approval Contingency. Lessee may terminate this Agreement if the Governmental Approval Contingency is not satisfied as a result of an adverse finding in either the Interference Study or the Structural Stability Study. . (d) By Lessee. Lessee may terminate this Agreement with cause, if: (i) Lessee gives 'City at least sixty (60) days notice of Lessee's exercise of this provision; (ii) Lessee is not in default under the terms hereof; (iii) Lessee pays City all outstanding amounts that are due and payable hereunder as of the termination date; and: (1) Lessee is unable, after exerting all reasonable efforts, to obtain and/or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Equipment or Lessee's business; (2) The Premises is or becomes unacceptable for technological reasons substantiated by the opinion of a radio frequency expert mutually agreed upon by the City and Lessee at the sole expense of the Lessee; . (e) By City. City may terminate this Agreement if City gives Lessee at least sixty (60) days notice of City's exercise of this provision, and: (1) City's Council decides, for any reason, to redevelop the Premises, or any portion thereof, in a manner inconsistent with the continued use of the Leased Premises by Lessee, and/or discontinues use of the Tower for all purposes. The City will undertake its best efforts to provide notice of at least one year to Lessee; (2) An independent structural engineer determines that the Tower is structurally unsound, after considering all reasonable factors, including without limitation, the age of the Tower, damage or destruction of all or any part thereof, and factors relating to condition of the Premises; (3) After considering relevant engineering studies, City determines that a City of Shorewood Government Unit as provided for in Section 6 herein cannot find another adequate location on the Tower, or the Equipment 6. . . unreasonably interferes with the City of Shorewood Governmental Unit's use of the Tower; or (4) City reasonably determines that Lessee has failed to comply with applicable ordinances, or state or federal law , or any conditions attached to government approvals granted thereunder, after a public hearing before the City's Council. . (f) By Destruction. Either party may terminate this Agreement upon thirty (30) days notice, if, as a result of any natural disaster, act of God or other occurrence beyond the control of the parties hereto, all or any part of the Leased Premises is destroyed or damaged to the extent that it is reasonably determined by City that such will be unusable for more than one hundred twenty (120) days. If this Agreement is not so terminated, City shall undertake to repair or replace the Leased Premises within a reasonable period of time, and if such damage renders the Leased Premises unfit for Lessee's use, and Lessee, by reason thereof, discontinues its use of such facilities, the Base Rent payments due hereunder shall abate in proportion to that part of the Leased Premises that is rendered unusable, until such time as the Leased Premises is again operational. . 11.) INTERRUPTION. If the FCC determines that continued operation of. the Equipment would cause or contribute to an immediate threat to public health and/or safety (except for issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), City may order Lessee to discontinue its operation of the Equipment, or any part thereof. Pursuant to such order, such disconnection shall continue only for the period that the immediate threat exists. City shall not be liable to Lessee or any other party for any interruption of Lessee's operations at the Premises, except as may be occasioned by the willful misconduct of City, its employees or agents. During the Term, a temporary interruption or discontinuance of the operation of the Tower, Lessee's operations at the Premises, or any part or combination thereof, resulting from some occurrence beyond the reasonable control of City, shall not constitute a default under this Agreement, if the length of such interruption or discontinuance is commensurate with the seriousness of the event that caused the interruption or discontinuance. 12.) COMPLIANCE WITH LAW. (a) Lessee. Lessee shall (i) acquire, at Lessee's sole expense, all necessary federal, state and local certificates, permits, licenses, zoning and other approvals that are necessary for Lessee to operate and maintain the Equipment on the Premises, as contemplated in this Agreement, and (ii) comply with all federal, state and local laws, and regulations that are applicable to such use of the Premises. (b) City. Subject to Section l2(a) above, City shall: (i) acquire, at City's expense, all necessary federal, state and local certificates, permits, licenses, zoning and other approvals that are necessary for City to operate and maintain the Tower, and (ii) comply with all federal, state and current local laws, and regulations that are applicable to the operation and maintenance of the Tower. 7. . . 13.) TAXES. Lessee shall be solely responsible for charges, levies, taxes, assessments and similar impositions, directly attributable to Lessee's Equipment, the Building, or that arise out of Lessee's use of the Tower. Lessee shall have the right to file an assessment appeal and City shall cooperate in any such appeals as reasonably requested by Lessee, all at the Lessee's sole cost and expense. 14.) UTILITIES. Lessee shall be responsible for payment and separate metering of all utility services directly with the utility providers for services consumed by Lessee's operations at the Premises. . 15.) INDEMNIFICATION. Lessee and City each indemnify and hold harmless the other and their respective elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of the use and occupancy of the Leased Premises by Lessee, which may be asserted against or incurred by either party or for which either party may be liable in the performance of this Lease, except those to the extent that the same arise from the negligence, willful misconduct, or other fault of either party. Lessee shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Lessee's Antenna Facilities equipment and related facilities on the Leased Premises. . 16.) REPRESENTATIONS AND WARRANTIES. Without limiting the scope of .~ubparagraph 15 above, Lessee will be solely responsible for and will defend, indemnify, and hold City, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Premises associated with the Lessee's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA, other than such materials used in the ordinary course of Lessee's business in accordance with all applicable laws and regulations. City represents that owner has no knowledge of any substance, chemical or waste on the City's property that is identified as hazardous, toxic or dangerous in an applicable federal, state or local law or regulation. 17.) INSURANCE. (a) Coverage. During the Term, Lessee shall, at it's sole expense, obtain and keep in force comprehensive general liability coverage with limits of not less than One Million Dollars ($1,000,000) each occurrence; One Million Dollars ($1,000,000) personal injury; One Million Dollars ($1,000,000) general aggregate, and One Million Dollars ($1,000,000) products and completed operations aggregate, covering Lessee's work and operations at or in connection with the Premises, and naming City as an additional insured. 8. (b) Evidence of Coverage. Not less than ten (10) days prior to the expiration of any then current policy, Lessee shall deliver to City, evidence of insurance in a form reasonably acceptable to City. Such policy shall also provide that City must receive thirty (30) days' notice of any expiration or cancellation thereof, and shall be issued by a company reasonably satisfactory to City. Lessee shall notify City at least thirty (30) days prior to any material change in the insurance coverage. (c) Landlord's Insurance. City shall maintain commercial general liability insurance against liability for personal injury, death or damage arising out of City's use or management of the Structure by City, its employees or agents, with combined single limits of not less than $600,000. City shall also maintain fire and extended coverage Insurance insuring the Structure for its full insurable value (subject to reasonable deductibles ). . (d) Waiver of Subrogation. Notwithstanding anything in this Lease to the contrary, each party releases the other party from all liability, whether for negligence or otherwise, in connection with any loss covered by any policies which the releasing party carries with respect to such property or is required to be carried hereunder, but only to the extent that such loss is collectible under such insurance policies. Any policy required to be obtained pursuant to this lease shall contain a waiver of subrogation in favor of the party hereto. 18.) ASSIGNMENT. This Agreement and Lessee's rights and duties established hereunder, may be sold, assigned, or transferred at any time by Lessee to Lessee's parent, affiliate, or subsidiary, without notice to or the consent of City. Subject to the foregoing sentence, Lessee shall not assign this Agreement or any of the rights or duties established hereunder without the prior written consent of City. City's consent shall not be unreasonably withheld or unduly delayed. For purposes of this section, an "affiliate" or "subsidiary" means an entity that owns greater than a fifty percent (50%) interest or any entity which is controlling, under the control of or controlled by a common entity. City hereby consents to the assignment of its rights under this Agreement, as collateral, to any entity that provides financing for the purchase of the equipment to be installed at the Leased Premises. . 19.) CONDEMNATION. (a) Entire Leased Premises. If, during the Term, the entire Leased Premises shall be taken as a result of the power of eminent domain, condemnation proceedings, or other like proceedings (the "Proceedings"), this Agreement and all right, title, and interest of Lessee hereunder shall cease and come to an end on the date of taking of possession pursuant to the Proceedings. (b) Portion of the Leased Premises. If, during the Term, less than the entire Leased Premises shall be taken by the Proceedings, this Agreement shall, upon taking of possession pursuant to the Proceedings, terminate as to the portion of the Leased Premises so taken, and either party may electto terminate this Agreement with respect to the remainder of the Leased Premises, as of the date of taking such possession, by giving the other party at least thirty (30) days notice. If neither City or Lessee elects to terminate 9. this Agreement as to the remainder of the Leased Premises, this Agreement shall continue in full force and effect, but the Base Rent shall be reduced pro rata in accordance with the percentage of value of the Leased Premises so taken compared with the total value of the Leased Premises immediately prior to such taking. Nothing herein contained shall affect Lessee's obligation to pay in full the Additional Rent. City shall, however, at City's sole cost and expense, restore that portion of the Leased Premises not so taken to a complete architectural unit for the use and occupancy of Lessee. (c) Lessee's Share of Condemnation Award. If all or any portion of the Leased Premises is taken, Lessee shall not be entitled to any portion of any payment or award made in connection therewith. Lessee hereby expressly waives any right or claim to any portion of such award or payment. Lessee shall, however, have the right to claim and recover from the condemning authority, but not from City, such compensation as may be separately awarded or recoverable by Lessee on account of any and all damage to Lessee's business, equipment and relocation costs and expenses. . 20.) QUIET ENJOYMENT. Except as otherwise provided for herein, Lessee shall have quiet and peaceable possession of the Leased Premises throughout the Term, and City will not intentionally disturb Lessee's occupancy thereof as long as Lessee is not in default hereunder. Notwithstanding the foregoing, Lessee's right to quiet enjoyment shall not apply to events beyond the control of City, or interference during periods of normal and extraordinary repairs and maintenance of the Premises or Tower by City. . 21.) REMOVAL AND SURRENDER. Unless otherwise agreed to in writing by City, within a reasonable period of time, not to exceed sixty (60) days, after the expiration or earlier termination of the Term, Lessee shall, at Lessee's sole expense, remove all of the Equipment from the Premises, and restore and surrender the Premises to City in good condition without damage thereto, reasonable wear and tear and casualty excepted. If Lessee fails to timely remove as required herein: (i) the Equipment shall be deemed abandoned and become the property of City (subject to the interests of other persons or entities disclosed in writing to City prior to the date of hereof); (ii) City may remove and store Lessee's Equipment at Lessee's sole cost and expense; and (iii) City may take reasonable steps to remove the same and restore the Leased Premises, and Lessee shall be responsible for, and pay upon demand by City, all reasonable costs associated with such removal and restoration. 22.) BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, assigns and successors in interest. 23.) LIENS. Lessee shall not permit any mechanics or other liens to be filed or placed against the Premises or any part thereof by reason of work, services, materials supplied to or claimed to have been supplied to Lessee, and if such lien is filed against the Premises at any time, Lessee shall cause the same to be discharged of record by paying the amount claimed to be due, shall deposit with the court an amount equal to the amount claimed, or shall post bond for the same, within thirty (30) days of the date of such filing. If Lessee shall fail to discharge such lien or to so deposit such amount within such period, then, City may, but is not hereby required to, 10. take reasonable steps to discharge such lien, and Lessee shall reimburse City, upon demand, for all reasonable costs incurred by City in connection with such discharge. 24.) ADDITIONAL BUILDINGS. City shall have the right to permit the construction of other buildings and equipment on the Premises, pursuant to the specifications and requirements set forth in Exhibit B, and Lessee shall permit such buildings to be placed immediately on the Premises. 25.) NOTICE. Any notice, election, request, or other communication herein required or permitted to be given or served shall be delivered to the other party hereto (with receipt obtained therefor), or mailed by United States certified mail, return receipt requested, postage prepaid, properly addressed to such other party at the following address: (a) If to Lessee: . Network Real Estate Metricom, Inc. 333 West Julian Street San Jose, CA 95110 with an additional copy to: (b) If to City: . City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Attention: Bradley J. Nielsen, City Administrator with an additional copy to: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes A venue South Bloomington, Minnesota 55431 Attention: Timothy J. Keane, City Attorney Unless and until changed by notice as herein provided, notices and communications shall be addressed to the above-listed addresses. Each such mailed notice or communication shall be deemed to have been given to, or served upon the party to which addressed, (i) on the date the same is personally delivered or (ii) on the date set forth on the certified receipt. All payments required by this Agreement shall be made to City at the address designated above, or as may be hereafter designated. 11. 26.) MISCELLANEOUS. (a) Applicable Law. The parties acknowledge that this Agreement is subject to the provisions of applicable federal and state laws and regulations. Any obligation, duty or provision under this Agreement that conflicts with any provision of applicable federal or state laws or regulations, is to that extent void. This Agreement has been made, and its validity, performance and effect shall be determined in accordance with the internal laws of the State of Minnesota. (b ) Waiver. The waiver by either party of a breach or violation of, or failure of either party to enforce, any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation or relinquishment of any rights hereunder. . (c) Entire Agreement and Modification. This writing represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all previous agreements of whatever nature between the parties with respect to the subject matter. This Agreement may not be altered or amended except by an agreement in writing signed by both parties. (d) Headings: Exhibits. The headings of sections in this Agreement are for convenience only; they form no part of this Agreement and shall not affect its interpretation. The Statement of Facts contained herein, and all schedules, exhibits, addenda or attachments referred to herein are incorporated in and constitute a part of this Agreement. (e) Severability. If any part of this Agreement is invalid or unenforceable under applicable law, that part shall be ineffective only to the extent of such invalidity or unenforceability without in any way affecting the remaining parts of the provision or this Agreement. . (f) Sublet/Sublicensing Prohibited. Subject to Section 18, Lessee shall not sublease, license or otherwise make the Leased Premises available to others for use in any manner. (g) Construction. Both parties hereby acknowledge that they participated equally in the negotiation and drafting of this Agreement and that, accordingly, no court construing this Agreement shall construe it more stringently against one party than against the other. (h) Counteq>arts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (i) Trade Term Usage. Words used in this Agreement shall be given the meanings that they normally possess in the wireless communications industry, unless otherwise specifically defined herein. 12. U) Recording. At the option of either party, this Agreement, or a mutually agreeable Memorandum hereof, may be recorded in the real property records of the county where the Premises is located. (k) Limitations on City's Liability. Notwithstanding any provisions to the contrary contained herein, if City terminates this Agreement other than as provided in this Agreement, or breaches this Agreement, City's liability for damages to Lessee as a result thereof, shall be limited to the actual and direct costs of Equipment removal, relocation and repair, and shall specifically exclude any recovery for value of the Lessee's business as a going concern, future expectation of profits, loss of business or profit, or related damages to Lessee; provided, however, this provision shall not prevent Lessee from maintaining an action to seek equitable relief. (1) Authority. City represents and warrants that City has full authority to enter into and sign this Agreement and has good and marketable title to the Owner's Property. . (m) Alterations. The Lessee shall make no material alternations to the equipment, facilities and antenna as depicted in Exhibits Band C without the written consent City. (n) Laws. This Agreement shall be construed in accordance with the laws of the State of Minnesota. Each party agrees to furnish to the other, within (10) days after request, such truthful estoppel information as the other may reasonably request. . 13. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated on page 1 hereof. . LESSEE: CITY: Metricom, Inc. City of Shorewood By: Its: By: Its: Mayor By: Its: City Administrator STATE OF ) ) ss. ) . COUNTY OF The foregoing instrument was acknowledged before me on , 2000, by , the of Metricom, Inc., a Delaware corporation, on behalf of corporation. Notary Public STATE OF ) ) ss. ) COUNTY OF . The foregoing instrument was acknowledged before me on _,2000, by Woody Love and Bradley J. Nielsen, the Mayor and City Administrator, respectively, of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS lNSTRUMENTWAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LlNDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Telephone: (612) 835-3800 (TJK) #611302 vI 14. EXIDBIT A Attached to and Forming a part of the Water Tower Space Lease Agreement between Metricom, Inc., as Lessee and City of Shorewood, as City Le2al Descriotion - Premises: . Dia2ram - Premises: [ATTACH DIAGRAM HERE] . #611302 vi A-I EXHIBIT B Attached to and Fonning a part of the Water Tower Space Lease Agreement between Metricom, Inc., as Lessee and City of Shorewood, as City Eauioment to be Placed Within The Tower: . . B-1 #611302 vI EXHIBIT C Attached to and Forming a part of the Water Tower Space Lease Agreement between Metricom, Inc., as Lessee and City of Shorewood, as City Eauiument to be ulaced on the Towers. Location(s) thereof and Oueratinl! Freauencies: . . C~1 #611302 vI 08/24/00 08:14 U.S. Census Bureau 10f3 llo: Patti Helgesen Phone: (612) 474-3236 The information contained in this facsimile is intended only for the use of the individual named. . If you received this transmittal in error, or did not receive a complete transmission, please notify your regional census center by telephone at 888-688-6948. . 08/24/00 08:14 U.S. Census Bureau 20f3 PL 27354000 ~"'OFCO ~ 'Jt-"", \~j ~c7 UNITED STATES DEPARTMENT OF COMMERCE Bureau of the Census Washington, DC 20233-0001 Patti Helgesen Assistant Planner Shorewood city 5755 Country s,:lub Road Shorewood, MN 55331 Dear Patti Helgesen: Thank you for your participation in the Local Update of Census Addresses (LUCA) and/or New Construction programs. At the start of the LUCA and New Construction programs, the primary liaison accepted responsibility for protecting and safeguarding the address list review materials protected by Title 13, United States Code. This included lists of individual census addresses and maps with individual housing unit locations (called "map spots''). . The U.S. Census Bureau provided specific guidelines for the return or destruction of confidential materials in the Technical Guide that accompanied the address list review materials. Your organization has concluded the review, feedback, and appeal phases of these programs. We now require that the primary liaison or highest elected official verify return or destruction of any remaining original census address lists, maps showing housing unit map spots, and/or copies of any of these materials. Please certify, using the enclosed Destruction Form, that your organization has properly returned or destroyed all protected materials. You can do this by shading the certification circle at the bottom of the form and signing it. You may fax your signed Destruction Form to the Census Bureau using the toll-free fax number, 877-560-7370. Please do not fax this cover letter. Early morning or late evening are the best times to attempt to fax your destruction form. . The Census Bureau realizes that you may not have been the liaison for all the address list review programs in which your government participated. We are sending this form to you because you are the most recent liaison listed in our files for your government. Please consult with the other liaisons on the list (if there are any) and compile one response for your government. If you have any questions, please contact a member of our staff using the toll-free number, 888-688-6948. Again, thank you for participating in the effort to make Census 2000 the best census ever. Sincerely, .~~I Henry Palacios Regional Director Kansas City Regional Census Center USCENSUSBUREAU Ift'lt'''''' thu Meli..,' In{;ll'mt'cJ V~l-t."'h'!". . . II 08/24/00 08:14 U.S. Census Bureau II~ 15334 Inm~mIIWMllnwm~llwmllml Onited States Census 2000 Local UPdate of Census Addresses (LOCA) and New Construction Programs Destruction of ~itl. 13, U.S.C. Materials To: Patti Helgesen 5755 Country Club Road Shorewood, MN 55331 Phone Number: (612) 474-3236 PL Shorewood city (name of your organization) "Please certify, by shading the circle below, that your organization has properly destroyed all originals and any copies of paper or computer-readable LUCA or New Construction program address materials using the security requirements provided to your organization by the U.S. Census Bureau. Our records show that your government received the ~ollowing materials: CONTACT LUCA 1998 Detailed Feedback/Final Determination address list LUCA 1998 address list Patti Helgesen Patti Helgesen o WI certify- that IIJIlY' goverrament has destroy-ed or returned all of the above material." Date Signature and Title (Primary LUCA or New Construction Progrllll1 Liaison) 30f3 II II i . . RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, Herbert Margolis and Cal Wright (Applicants) are the owners of certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have applied to the City for a subdivision and combination of said real properties into two parcels legally described in Exhibit B and illustrated on Exhibit C, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by the Applicants complies in all respects with the Shorewood ZonIng Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described in Exhibit A be divided into two parcels, legally described in Exhibit B, and illustrated in Exhibit C, attached hereto and made a part hereof.. 2. That the City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. 3. That the Applicants record this resolution together with the drainage and utility easements, illustrated on Exhibit D, attached, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of August 2000. ATTEST: WOODY LOVE, MAYOR BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR ~3C ~ . . Existing Legal Descriptions Margolis Parcel: Lot 5, Block 3, Boulder Bridge, Hennepin County, Minnesota. Wright Parcel: Lot 4, Block 3, Boulder Bridge, Hennepin County, Minnesota. Exhibit A . . . Proposed Legal Descriptions Margolis Parcel: Lot 5, Block 3, BOULDER BRIDGE,. according to the recorded plat thereof; and that part of Lot 4, Block 3, BOULDER BRIDGE, according to th~ recorded plat thereof, which lies southeasterly of a line and its extensions, drawn from a point on the northeasterly line of said Lot 4 distant 10.00 feet northwesterly from the southeast corner of said Lot 4 to a point on the southwesterly line of said Lot 4 distant 19.00 feet northwesterly from the southwest corner of said Lot 4. Reserving an easement for drainage and utility purposes over, under and across the northwesterly 10.00 feet of the above described property and also over, under and across the. southwesterly and westerly 10.00 feet of said abov~ described property. Wright Parcel: That part of Lot 4, Block 3, BOULDER BRIDGE, according to the recorded plat thereof which lies northwesterly of a line and its extensions drawn from a point on the northeasterly line of said Lot 4 distant 10.00 feet northwesterly from the southeast corner of said Lot 4 to a point on the southwesterly line of said Lot 4 distant 19.00 feet northwesterly from the southwest corner of said Lot 4. Reserving an easement for drainage and utility purposes over, under and across the southeasterly 10.00 feet of the above described property. Exhibit B ~ \ ..~.... "~.20" {'\ \ fj} ; 01 :r r ~ -. ~ ~ ; i : I \"'ri~ht- p~~ ~ tJ,v /s"'tI-'1 L . " "7e 'p . :s I .. !: i: J I I ~ ...'!'-- ~ ~ 1 ~ I 1 ----.... 10 ---- .. ,.. r}, 1.::Cf. I ~~ ~ , :;:! ~ e o - "i ? " re, -<"\ ,. ;.>r> $ ~ ~1- ~~ 0~ ,; '1; .... ~l.. (II -; -..-: ~ :.. ~ , C:s 0... ' ":> I I I I I I I I I I I I I: · \"'~... ~, ~ \'\ '" ~ q. - ,,~ Exhibit C J . .. . Insert Exhibit D - Drainage and Utility Easements . . ., I CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM . TO: Mayor and City Council Brad Nielsen flr' 24 August 2000 FROM: DA TE: RE: 2001 Police Department Budget FILE NO. - Admin (2001 Budget) As mentioned during our Budget Work Session on 14 August, the proposed increase for. the Police Department for 2001 amounts to 3.8 percent. A copy of the proposed SLMPD budget is attached for your review. If you have any questions relative to this matter, please do not hesitate to contact me prior .to Monday night's meeting. Cc: Bonnie Burton #.5D ~ ~J PRINTED ON RECYCLED PAPER .. 2001 BUDGET PROPOSAL PREPARED BY CHIEF BRYAN LITSEY . . APPROVED BY COORDINATING COMMITTEE JUL Y 26, 2000 . . SOUTH LAKE MINNETONKA POLICE DEPARTMENT OVERVIEW OF PROPOSED 2001 BUDGET By - Chief Bryan Litsey This is my second year of preparing a budget for our organization. I was pleased with the outcome of the 2000 budget I prepared last year and thus have used this as a model in preparing the 2001 budget this year. You will notice, however, that some of the line items have changed for 2001 in order to reflect the revisions made in the chart of accounts that occurred during our conversion from a manual to a computerized bookkeeping system. In some cases, therefore, the increase and decrease in categories are merely a regrouping of accounts. In preparing the 2001 budget, I have taken into account historical and future trends along with the needs of our organization in trying to accurately reflect the true costs. Included with my line item spreadsheets of anticipated expenses and revenues there is a corresponding narrative which summarizes each category. In addition, I have highlighted in the following paragraphs some comments I would like to make concerning this budget proposal. This budget, and the budget I prepared last year, reflect the need for increased staffing that went unresolved prior to my assuming the role of Chief of Police. In addition, the past practice at budget time has been to offset known operational increases in the budget using money in reserve. This practice, in the long-term, defeats the purpose of having a contingency fund and only delays future increases that will be much more sizeable once the reserves have been depleted. It also leaves the organization with few options in the event of needed capital improvements or unknown operational costs that cannot be absorbed in the budget. The 2000 and 2001 budget cycles, therefore, are catch up years in terms of helping to bring our organization up to adequate staffmg and funding levels without a sizable reliance on reserve funds for known operational expenses in the budget. During the 2000 budget process, the need by all four cities for an additional officer was clearly demonstrated through the comparison chart that was prepared showing the ratio of residents to officers between our police department and neighboring law enforcement agencies. See attached documentation from 2000 budget. In addition, our number of Initial Complaint Reports (ICR's) were among the highest, although it is hard to compare these figures since each agency tracks them differently. When I prepared and presented the 2000 budget, there were discussions that it did not go far enough in terms of increased . . PAGE 2 - CHIEF'S NARRATIVE FOR 2001 BUDGET PROPOSAL staffing. I felt at the time, however, it was a significant step forward that could be reevaluated when I prepared the 2001 budget. I have now done that and have concluded our staffmg levels could still use a boost based on an analysis of internal operations. Several factors which stand out in terms of justification are the ratio of residents to officers still being on the high side, ICR's surpassing the 20,000 mark and the ever increasing demands on our clerical staff. See attached historical chart offeR's. It is important to note that our organization not only has the traditional demands of other police departments, but also the added responsibilities that go with being a separate unit of government under a joint powers agreement. This means having to manage and absorb the costs associated with such things as fmances, payroll, personnel and building maintenance, which for most police departments is handled by other divisions in city government. Therefore, when doing a staffing and cost comparison between our organization and other law enforcement agencies, these added responsibilities need to be taken into consideration. I feel a good way to continue my efforts in 2001 to lighten the load on our personnel, while minimizing the impact to the budget, is the addition of a part-time Community Service Officer (CSO) and possibly a Canine Unit (K-9). This would be a cost-effective way to help ease part of the workload on both the officers and clerical staff. I talk in more detail about both these proposals in ensuing paragraphs. This budget is no different from previous budgets in that the largest expense is for salaries and benefits for personnel. It is more difficult to determine these costs in a negotiation year for union employees, with 2001 being one of those years. The current union contract lasts until the end of 2000 and no substantive talks will likely get underway until late summer or early fall. In addition, none of the salaries and benefits for non-union employees have been fmalized for 2001. Therefore, the calculations for salary and benefits in my 2001 budget proposal are based on projected increases. Any cost overruns will be absorbed by using the Contingency /Undesignated Fund. The full effect of rolling over the Shorewood Community Policing Officer into our regular complement of officers will be realized in 2001. This added cost to our regular budget has been eased somewhat by the departure of several longer-term employees and the lower pay rate of their replacements. Although this cost will eventually level out, it has helped lessen the initial impact. Another significant factor affecting this portion of the budget is the escalating cost of medical insurance for employees. Like many cities, our police department is part of the LOGIS Group for health insurance. In talking to our group representative, we have been told to budget for an increase of 15 percent in 200 1. The need has existed for quite some time for a Community Service Officer (CSO) to be part of our civilian staff. In fact, our police department is the exception rather than the rule for not having such a position. Having a CSO would lessen the workload on our . . PAGE 3 - CHIEF'S NARRATIVE FOR 2001 BUDGET PROPOSAL licensed police officers, who often times get bogged down in details that could be easily handled by civilian personnel. Some examples of this would be parking complaints, maintenance of equipment, crime prevention requests and public relations. In addition, a CSO could help the support staffwith a variety of clerical duties. At the present time, we are relying on reserve officers and regular officers to perform some of these functions. The use of reserve officers is not a dependable source, since there is more of a turnover in their ranks and they have other jobs. I am proposing in my 2001 budget, therefore, the addition of a part-time civilian CSO position averaging 20 hours per week. There is the possibility that some additional funding could be obtained through a grant program to make this a full-time position. If this occurred, then the money set aside in the budget to fund this part-time position could be used to satisfy any local matching fund requirement of a grant. The job description for this position would be as previously stated. It would not include animal control, which if assumed by our agency at some point in time would require a much greater allocation of money, resources and personnel. The current arrangement for animal control through the Orono Police Department has been working out satisfactorily. I have been giving serious consideration to adding a canine program (K-9) in 2001. In a smaller police department such as ours the opportunity for an officer to specialize in one particular area is somewhat limited. Having a K-9 would certainly add a job enrichment opportunity to our organization. Just as important, however, is the added dimension a K-9 would bring to our police department. It is quite amazing what a K-9 can contribute in terms of officer safety, tracking of suspects and lost children, building searches, drug interdiction and public relations. K -9 programs are valuable in all size law enforcement agencies, but in some ways, smaller law enforcement agencies probably gain the most. The Mound Police Department, which is smaller than our organization, recently implemented a K-9 program with much community support. As in Mound, I am confident the initial start-up costs for the dog, training and equipment could be secured through outside funding sources. I am also hopeful,that some of the ongoing costs will be covered through this manner as well. Therefore, the costs born by our police department would be minimal other than possibly having to retain an additional squad as part of our fleet and the time spent by the officer in training. I would not implement such a program if considerable outside funding could not be obtained I have included additional money in this budget request for a third patrol sergeant position. This would not increase the number of overall officers, but would allow for another advancement opportunity within our organization. The benefits are numerous in that it would help with career development as well as the retention of officers, while at the same time give additional supervision in the field. It would also help free up the . . PAGE 4 - CHIEF'S NARRATIVE FOR 2001 BUDGET PROPOSAL Deputy Chief position for more administrative duties rather than the current situation of being sidetracked with routine patrol duties. This, in turn, would help free up some of my time for other matters and lessen my extensive workload. The cost of this organizational change would be minimal in terms of the budget. Space is at a premium right now at our police station. I have done an analysis of how our existing space can be better utilized. The short-term solution seems to be converting the exercise room to a work/storage area for the officers. I anticipate using money in reserve for accomplishing this remodeling project. The exercise room is not being utilized on a regular basis by the majority of officers, who have opted to maintain their fitness through other means. In addition, I have some safety and workers' compensation concerns with the exercise room being unsupervised. Taking all these factors into account, I feel this space could be put to better use at the present time. This is not to minimize the importance of officers being physically fit as evidenced by the department having an incentive program for physical fitness. The support of the department in this area can still be maintained by paying a portion of the membership fee to a health club for those officers committed to using such a facility on a regular basis. This could be one of the things negotiated with the officers in their next union contract or implemented separately as a matter of department policy. Either way, I would recommend that in order to be eligible for reimbursement the health club would have to be approved by the chief and there would be a minimum expectation as far as the number of times the participant would have to use the health club in a year. I will continue in 2001 to pursue outside sources of funding as well as to effectively manage our expenses and revenues to build upon my efforts begun in 2000 to upgrade our technology, equipment and facility. This has been a challenge when it comes to preparing a budget, since at the same time I have been trying to increase our staffing levels to meet the needs of the community and provide more competitive compensation in order to retain good personnel. This has meant having to fine-tune the budget in a number of areas in order to increase the budget in other areas. Even though the net effect has been increases above the rate of inflation, the costs have not been excessive given what has been and will be achieved. I feel my 2001 budget is a reasonable request and, in fact, probably errs on the side of being too lean. Nevertheless, I would feel comfortable with this budget proposal if left intact. . . SOUTH LAKE MINNETONKA POLICE DEPARTMENT PROJECTED EXPENSES - 2001 BUDGET ITEM CATEGORY AMOUNT 50100 Salaries Full-time $793,000 50200 Salaries Overtime $57,500 50300 Salaries Part-time $69,000 50500 FICA/Medicare $13,000 50600 PERA Pension $80,000 50700 Insurance Benefits $80,000 51000 Contract Services $8,400 52100 Equipment Leases $16,700 52200 Repairs & Maintenance $27,500 52300 Utilities $19,500 52400 Janitorial & Cleaning $5,700 52500 Printing & Publishing $5,200 52800 Care of Persons $100 53000 Supplies $34,500 54000 Uniforms & Gear $9,000 54500 Travel, Conferences & Schools $10,000 55000 Building Rent $38,400 56000 Insurance $40,000 56100 Subscriptions, Memberships & Police License Fees $3,900 57000 Special Projects $9,650 58000 Capital Outlay $51,300 TOTAL EXPENSES $1,372,350 SOUTH LAKEMINNETONKA POLICE DEPARTMENT PROJECTED REVENUES - 2001 BUDGET (Excludes Cities Contributions) ITEM CATEGORY AMOUNT 40110 Court Overtime $5,000 40120 Excelsior Park Patrol - Dockmaster $19,000 40130 Shorewood Special Details $15,000 42100 State Peace Officer Aid $80,000 42200 State Training Reimbursement $4,400 42300 Emergency Preparedness $4,400 43100 Minnetonka School District $6,800 43200 Copies of Documents, Photos and Tapes - Fingerprint Requests $3,000 43400 Security Details $4,000 44000 Investment Income $12,500 45000 Medical Insurance Reimbursement $4,500 46100 Sale of Vehicles $10,000 46400 Forfeitures $1,000 TOTAL INCOME $169,600 COST TO CITIES (EXPENSES MINUS INCOME) $1,202,750 SOUTH LAKE MINNETONKA POLICE DEPARTMENT 2001 BUDGET REQUEST BY CITY CITY BUDGET PERCENTAGE TOTAL SHARE INCREASE OVER 2000 CHANGE EXCELSIOR $1,202,750.00 .31.4% $377,663.50 $27,269.36 7.8% aENWOOD $1,202,750.00 8.1% $97,422.75 $6,114.83 6.7% REWOOD $1,202,750.00 44.8% $538,832.00 $19,518.21 3.8% TONKA BAY $1,202,750.00 15.7% $188,831.75 $8,498.61 4.7% TOTALS $1,202,750.00 $61,401.00 5.4% 2000 CONTRIBUTIONS BY CITY CITY BUDGET PERCENTAGE TOTAL SHARE INCREASE OVER 1999 CHANGE EXCELSIOR $1,141,349.00 30.7% $350,394.14 $24,785.94 7.6% .NWOOD $1,141,349.00 8.0% $91,307.92 $10,437.91 12.9% S REWOOD $1,141,349.00 45.5% $519,313.80 $29,837.41 6.1% TONKA BAY $1,141,349.00 15.8% $180,333.14 $12,208.65 7.3% TOTAL $1,141,349.00 $77 ,269.91 7.3% . . SOUTH LAKE MINNETONKA POLICE DEPARTMENT LINE ITEM NARRATIVE FOR 2001 BUDGET REQUEST ANTICIPATED EXPENSES 50100 - SALARIES - FULL-TIME - $793,000 This line item includes full-time salaries for union and non-union positions. The costs in this category are based upon salaries in 2000 plus projected increases, since the salaries for 2001 have not been established. This category also reflects a cost carryover from the 2000 budget when the Shorewood Community Policing position was phased into our regular complement of officers. Any increases beyond these projections due to contract settlements will be absorbed through a transfer from the ContingencylUndesignated Fund. 50200 - SALARIES - OVERTIME - $57,500 This line item includes estimates for overtime incurred during the regular course of business as well as holidays, court appearances, school programs, security details and increased traffic enforcement in Shorewood. There is an offset in the anticipated income section for reimbursement from the cities for court overtime, reimbursement from the school district for school programs, reimbursement from varying sources for special policing requests and reimbursement from Shorewood for increased traffic enforcement. It should be noted Shorewood now allocates additional money in their budget to offset the impact of eliminating the Shorewood Community Policing Officer during the first quarter of 2000. 50300 - SALARIES - PART-TIME - $69,000 This line item includes salaries for part-time clerical personnel as well as the newly created position of Community Service Officer (CSO). It also includes the seasonal part-time positions in Excelsior for Park Patrol and Dockmaster. The ever increasing demand on our clerical staffhas made these part-time positions essential, with more and more responsibilities placed on them each year. The addition of a CSO position will lessen the workload on our police officers and aid the clerical staff. Our police PAGE 2 - ANTICIPATED EXPENSES FOR 2001 BUDGET department will continue to oversee the positions of Park Patrol and Dockmaster. These are seasonal part-time positions with reimbursement from Excelsior shown under anticipated income. 50500 - SOCIAL SECURITY /MEDICARE - $13,000 This line item includes the employer's contribution for those employees eligible for Social Security and Medicare. There is a partial offset in the anticipated income section from the City of Excelsior for Park Patrol and Dockmaster personnel. . 50600 - PERA PENSION - $80,000 This line item includes the employer's contribution for those employees eligible for the Public Employees Retirement Fund (PERA). It should be noted the PERA Police & Fire Fund had a rate reduction for both the employee and employer as a result of the 1999 Minnesota Legislature. This went into effect as of July 1, 1999 and lowered the employee rate from 7.6% to 6.2% and lowered the employer rate from 11.4% to 9.3%. This has limited impact on the budget, since our police department receives State Aid to offset a portion of our contribution to the PERA Police & Fire Fund. The expected State Aid reimbursement is shown as a revenue item under anticipated income. There is also reimbursement from the cities for PERA paid out in court overtime. 50700 - INSURANCE BENEFITS - $80,000 . This line item includes health and life insurance costs for qualifying personnel. The most significant cost in this category is for medical insurance obtained through the LOGIS Health Care Group. It is hard to determine at this early stage what the increase will be in 2001, but a LOGIS representative recommended budgeting for an increase of 15 percent. More defmitive rates will not be available until September of 2000. There is a significant increase in this category. 51000 - CONTRACT SERVICES - $8,400 This line item includes the annual audit, legal counsel and interpreter service for the department. It also includes medical and psychological examinations as well as background checks for new hire(s). This category previously included an expense for outsourcing payroll, but payroll has been brought back in-house using a computer software program. The cost of the medical examinations for new officer hire( s) has increased due to rising medical costs and the recent addition of drug screening to our . . PAGE 3 - ANTICIPATED EXPENSES FOR 2001 BUDGET protocol. The only predictable expense under this category is the annual audit, with the other items subject to fluctuation depending on the need. Please note this is a volatile category, especially since unanticipated legal assistance could send costs soaring. 52100 - EQUIPMENT LEASES - $16,700 This line item covers the costs associated with lease/maintenance agreements for communications, criminal justice information system, pagers, copier/fax machine, postage meter and high speed Internet connection. The largest expense in this category is our lease/maintenance agreement with Hennepin County for communications equipment. The cost is based on an amortization schedule, with the billing done annually. This cost will increase dramatically when the new 800 MHz communications system and other upgrades are implemented in Hennepin County. These are projected to take place in 2002. Our department has a special fund set aside to help ease a portion of this financial impact. The other costs in this category reflect the charge assessed by the State of Minnesota for our computer link to the Criminal Justice Information System (CnS), our lease of pagers through TSR Wireless, our recently renegotiated lease through Ikon Office Solutions for a state of the art copier/fax and our recently negotiated lease for a Y2K compliant postage meter through Francotyp-Postalia, Inc. In addition, a cost estimate has been included in this category for a high speed Internet connection. Several options are being considered through the state and private vendors. This cost estimate is based on a quote received through a private vendor for a DSL connection to our police station. . This accounts for a majority of the increase in this category. 52200 - REPAIRS & MAINTENANCE - $27,500 This line item covers the repair of vehicles, repair/replacement of office equipment and furniture, building maintenance and computer maintenance contracts. It also includes miscellaneous expenses such as the calibration of truck scales and speed measuring devices, upkeep of security and fire systems and repairs of communication equipment (radios, pagers, cellular phones, etc.). The largest expense in this category is the maintenance of vehicles, which by the very nature of the job receive hard use. Other significant expenses in this category are the repair and replacement of inoperable or obsolete office furniture and equipment, computer services and repairs to our aging police station. One way of controlling costs in this category has been the implementation of regular maintenance programs. This category includes service agreements for our computer system, new record keeping software and building power plants (heating & cooling systems). PAGE 4 - ANTICIPATED EXPENSES FOR 2001 BUDGET 52300 - UTILITIES - $19,500 This line item includes office and cellular phones, electricity, natural gas, water and sewer, waste removal and alarm service. Rates associated with electricity and natural gas are expected to increase in 2001 based on preliminary projections. Cellular phone costs were reduced in 2000 due to some fine-tuning of our service plan. 52400 - JANITORIAL & CARPET CLEANING - $5,700 . This line item includes janitorial services and carpet cleaning for the interior of the police station. There was a $25 per month rate increase in 2000 for janitorial services, which the provider guaranteed for three years. Therefore, there is no increase in janitorial services. This category also includes cleaning of the carpet once a year, which is usually done after the winter season. 52500 - PRINTING AND PUBLISHING - $5,200 This line item covers the expenses associated with stationary, report forms, warnings, and citations as well as professional & legal publications. There is a continual need to update and create new forms due to various mandates and changes in the laws. There is also a need in our profession to purchase updated legal documents. 52800 - CARE OF PERSONS - $100 . This line items covers the incidental expenses of caring for prisoners in police custody. This is rarely used, since most prisoners are usually booked in jail or released relatively quickly. This category is also used to track booking fees which are offset through reimbursement from the cities. 53000 - SUPPLIES - $34,500 This comprehensive line item includes a variety of expenses for vehicle supplies and registration fees, motor fuel, school educational materials, ammunition, first aid supplies, batteries, video/cassette tapes, film, drug testing kits, hardware, office supplies and other miscellaneous items required for department operations. The most significant cost item in this category is motor fuel, which remained fairly stable until prices started to escalate during the first half of 2000. Therefore, some additional expenses have been included in category. PAGE 5 - ANTICIPATED EXPENSES FOR 2001 BUDGET 54000 - UNIFORMS - $9,000 This line item includes uniforms and duty gear for department personnel. The cost of these items seems to escalate each year regardless of the vendor. In addition, this category was expanded in 2000 to include uniform expenses for the office staff, which gives them a more professional appearance and clearly identifies their police affiliation. This category is rather volatile in that unanticipated expenses to outfit new officer( s) can be quite costly. The outfitting of one new officer has been included for 2001. There is an offset in the anticipated income section for the costs of uniforms and gear for Park Patrol and Dockmaster, which is reimbursed by the City of Excelsior. . 54500 - TRAINING AND CONFERENCES - $10,000 This line item covers the costs associated with sending department personnel to mandated and elective training as well as law enforcement conferences. The cost is even more when new officers are hired, since they need additional training the first several years. The importance of providing quality training, however, cannot be underestimated in terms of enhancing the skill level and professionalism of employees as well as reducing the risk of libelist action against the department. Although the cost of training is significant, this amount is minimal in comparison to a civil suit. There is a partial offset in the anticipated income section for training reimbursement received through the state. 55000 - BUILDING RENT - $38,400 . This line item includes rent of the police station, which is actually a lease to own agreement with the City of Excelsior through a twenty-four year amortization schedule. The annual cost remains constant until 2013, when this obligation is paid in full. 56000 - INSURANCE - $40,000 This line item has remained fairly consistent over the past few years and covers insurance costs associated with workers' compensation, general liability, vehicles and professional liability. The amount allocated in this category will be transferred to the Designated Insurance Fund. There is a slight reduction in the amount being requested to help offset some of the other added increases in the budget. 56100 - SUBSCRIPTIONS & MEMBERSHIPS - $3,900 This line item includes subscriptions to journals as well as organizational and health club . . PAGE 6 - ANTICIPATED EXPENSES FOR 2001 BUDGET memberships. There was an added expense to this category starting in 2000 due to the contractual requirement that the department pay for Peace Officer Licenses, which is done on a three-year cycle depending on the last name of the officer. In addition, partial reimbursement to officers for health club memberships has been included for 2001. This reinforces the incentive for officers to stay physically fit. 57000 - SPECIAL PROJECTS - $9,650 This line item includes our annual contribution to the Southwest Metro Drug Task Force, which is funded by member law enforcement agencies along with federal grant money administered through the state. It also includes our subscriber fee for CornerHouse, which is a sexual abuse evaluation center for child victims. There is no anticipated increase forthcoming from either the Drug Task Force or CornerHouse. 58000 - CAPITAL OUTLAY - $51,300 This line item includes the anticipated cost of two police vehicles along with set up fees and equipment. This is part of the ongoing replacement schedule for our fleet. The amount allocated for this purpose will be transferred into the Designated Vehicle Fund. This category also supplements the Designated Furniture and Equipment Fund, which is used for major projects associated with the purchase and replacement of equipment. This fund was nearly depleted in 1999 in order to cover the costs associated with making our computer system and record keeping software Y2K compliant. Since that time, this fund has rebounded through internal fund transfers of favorable revenues. Therefore, only a minimal amount has been budgeted for this fund in 2001. This will be helpful in offsetting some of the other increased expenses requested in the budget. SOUTH LAKE MINNETONKA POLICE DEPARTMENT LINE ITEM NARRATIVE FOR 2001 BUDGET REQUEST ANTICIPATED REVENUES (Excluding Cities Contributions) . 40110 - COURT OVERTIME - $5,000 Each of the four cities served by our police department pays the actual overtime costs of an officer having to make a court appearance for an incident that occurred in their respective city. This varies from year to year and thus the above figure is only an estimate based upon an historical average. 40120 - EXCELSIOR PARK PATROL & DOCKMASTER - $19,000 The above figure represents the anticipated amount budgeted by the City of Excelsior for the seasonal positions of Park Patrol and Dockmaster, which are administered through our police department. The actual amount used will vary, but there is no adverse impact on our budget since all the costs are covered by the City of Excelsior. . 40130 - SHOREWOOD SPECIAL DETAILS - $15,000 This is a direct reimbursement from the City of Shorewood for costs associated with having officers work special details in Shorewood on an overtime basis. This fund was created by the City of Shorewood to offset the impact of the Shorewood Community Policing position being eliminated and rolled over into our regular complement of officers in 2000. This money is allocated primarily for increased levels of traffic enforcement, including snowmobile patrols. 42100 - STATE PEACE OFFICER AID - $80,000 This reimbursement through the Minnesota Department of Revenue lags one year behind and is designated to offset the employer's contribution to the Public Employment Retirement Association (PERA) Police & Fire Fund. There is no defmitive answer at this point as to how the PERA rate reductions for both the employer and employee will affect PAGE 2 - ANTICIPATED REVENUES FOR 2001 BUDGET REQUEST the amount of this reimbursement. The suggestion in the past by the Department of Revenue was to go by the amount last received, which was $83,829 for 1999. I would like to take a more conservative approach, however, and have calculated this category slightly less. 42200 - STATE TRAINING REIMBURSEMENT - $4,400 . The State of Minnesota provides partial reimbursement for the continuing education of police officers. In 2000, additional money was appropriated for the training of police officers in pursuit and emergency vehicle operations. The above figure represents an estimate of what our police department should receive based on 14 full-time officers. This can change, however, depending on legislative action from year to year. 42300 - EMERGENCY PREPAREDNESS - $4,400 There is a local aid program administered through Hennepin County that provides funding for emergency preparedness activities. The amount above reflects the anticipated portion our police department will receive in 2001, which has remained constant the past several years. 43100 - MINNETONKA SCHOOL DISTRICT - $6,800 . The Minnetonka School District provides these funds for police liaison and educational services in the schools. The majority of this money is used to fund our CounterAct Program in the Elementary Schools. 43200 - COPIES OF DOCUMENTS, PHOTOS & TAPES - $3,000 This is the anticipated revenue from public data requests for copies of documents as well as audio and video tapes. This category also includes revenue from fingerprint requests for employment purposes and other non-criminal matters. 43400 - SECURITY DETAILS - $4,000 This category includes requests for security details over and above our normal level of service. These requests are administered by our police department at a set fee and officers working these details are paid on an overtime basis. The number of requests vary from year to year, but have been on the increase. The amount in this category is subject . . PAGE 3 - ANTICIPATED REVENUES FOR 2001 BUDGET REQUEST to fluctuation, but there is no adverse effect on the budget since costs are reimbursed. 44000 - INVESTMENT INCOME - $12,500 The above figure is an estimate based upon the interest earned in 1999 and the fIrst half of 2000. 45000 - MEDICAL INSURANCE REIMBURSEMENT - $4,500 This category is reimbursement from the State of Minnesota to recover the medical expenses paid by our police department for officers who have taken a medical retirement because of a work related disability. There is a one year lag in receiving compensation, so this figure represents what our police department should receive in 2000. 46100 - SALE OF VEHICLES - $10,000 This is the anticipated income from the sale of two squads in 2001. 46400 - FORFEITURES - $1,000 This includes unanticipated income, including forfeitures. This is subject to extreme fluctuations from year to year. . . SOUTH LAKE MINNETONKA POLICE DEPARTMENT BUDGET HISTORY - 1987 to 2001 DEPARTMENT BUDGET EXCELSIOR GREENWOOD SHOREWOOD Total Percent Budget Percent Budget Percent Budget Percent Year Budget Change Amount Percent Change Amount Percent Change Amount Percent Change 1987 681,263.00 6.7% 190,753.84 28.0% 6.7% $61,313.67 9.0% 8.7% $306,568.35 45.0% 6.7% 1988 753,374.00 10.6% 219,231.83 29.1% 14.9% $67,050.29 8.9% 9.4% $334,498.06 44.4% 9.1% 1989 807,124.00 7.1% 245,365.70 30.4% 11.9% $71,026.91 8.8% 5.9% $350,291.82 43.4% 4.7% 1990 831,338.00 3.0% 264,365.48 31.8% 7.7% $73,157.74 8.6% 3.0% $354,149.99 42.6% 1.1% 1991 872,280.00 4.9% 281,746.44 32.3% 6.5% $77,632.92 8.9% 8.1% $388,102.16 42.2% 3.9% 1992 899,250.00 3.1% 294,054.75 32.7% 4.4% $80,033.25 8.9% 3.1% $376,785.75 41.9% 2.4% 1993 925,472.00 2.9% 298,927.46 32.3% 1.7% $81,441.51 8.8% 1.8% $389,623.71 42.1% 3.4% 1994 945,580.16 2.2% 300,694.49 31.l!'110 0.6% $80,374.31 8.5% -1.3% $408,490.63 43.2% 4.8% 1995 964,968.15 2.1% 303,000.00 31.4% 0.8% $78,162.42 8.1% -2.8% $423,821.02 43.9% 3.7% 1996 976,423.28 1.2% 307,573.33 31.5% 1.6% $76,161.02 7.8% -2.6% $432,565.61 44.3% 2.1% 1997 997,015.89 2.1% 313,082.99 31.4% 1.8% $72,782.16 7.3% -4.4% $449,654.17 45.1% 4.0% 1998 1,025,828.61 2.9% 318,006.89 31.0% 1.6% $76,911.32 7.4% 4.3% $470,855.09 45.9% 4.7% 1999 1,084,079.09 3.7% 325,808.20 30.6% 2.4% $80,870.01 7.6% 6.5% $489,476.38 46.0% 3.9% 2000 1,141,349.00 7.3% 350,394.14 30.7% 7.6% $91,307.92 8.0% 12.9% $519,313.80 45.6% 6.1% 2001 1,202,750.00 5.4% 377,663.60 31.4% 7.8% $97,422.75 8.1% 6.7% $538,832.00 44.8% 3.8% TONKA BAY Budget Percent Amount Percent Change 122,827.34 18.0% 6.7% 132,593.82 17.6% 8.1% 140,439.58 17.4% 5.9% 139,664.78 16.8% -0.6% 144,798.48 16.6% 3.7% 148,376.25 16.5% 2.5% 156,479.30 16.8% 4.8% 156,020.73 16.5% 0.3% 160,184.71 16.6% 2.7% 160,133.42 16.4% -0.1% 161,516.18 16.2% 0.9% 161,055.09 15.7% -0.3% 168,124.50 15.8% 4.4% 180,333.14 15.8% 7.3% 188,831.75 15.7% 4.7% r}~ YEAR AVERAGE I 4.3% 1[$292,696.591 31.1% ~ 5.2% JI $77,643.21 I 8.3% I 3.7% U $414,187.90 ~ 44.0% I 4.3% n $154,678.60 116.6% , 3.4% 1 . . SOUTH LAKE MINNETONKA POLICE DEPARTMENT INITIAL COMPLAINT REPORTS (ICR'S) -1983 to 1999 25000 20000 15000 10000 5000 % % 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 10881 12039 12230 13388 12876 15037 16237 18733 19087 18505 19672 20269 o RATIO OF RESIDENTS PER OFFICER Information Obtained by Deputy Chief NieJing for 2000 Budget Proposal - Prepared Summer of 1999 NUMBER OF ESTIMATED RESIDENTS LAW ENFORCEMENT AGENCY FULL-TIME OFFICERS POPULATION PER OFFICER Chaska Police Department 17 15,000 882 Deephaven Police Department 7 4,100 586 Mound Police Department 13 9,600 738 Orono Police Department 16 11,510 719 * South Lake Minnetonka Police Department 13 12,000 923 St. Bonifacious-Minnetrista Public Safety Dept. 8 5,976 747 Shakopee Police Department 23 15,800 687 est Hennepin Public Safety Department 10 5,000 500 t................................................................ ;~.~.~~~~~~~.~~~r~:-Y.<?~~.~~~~!-!!.1j!Y. f.~lj~imt 9!!!~~r. .~ RATIO OF RESIDENTS PER OFFICER Information Obtained by Deputy Chief Nieling for 2000 Budget Proposal - Prepared Summer of 1999 NUMBER OF ESTIMATED RESIDENTS LAW ENFORCEMENT AGENCY FULL-TIME OFFICERS POPULATION PER OFFICER Chaska Police Department 17 15,000 882 Deephaven Police Department 7 4,100 586 Mound Police Department 13 9,600 738 Orono Police Department 16 11,510 719 * South Lake Minnetonka Police Department 14 12,000 857 St. Bonifacious-Minnetrista Public Safety Dept. 8 5,976 747 hakopee Police Department 23 15,800 687 West Hennepin Public Safety Department 10 5,000 500 (---------------------------------------------------------------, l:J!!~l~~~!_~~~!~~~~!_~!r~_~~___________________________! ". . . . Me.mber!' of the" Cit:y COtMtldL Cit:y of Shorew~ 5755 C01M1.t"ry C~ 'Ro-aCL- Shorew~ M~ 55331 R~ WanwS~~~5360V~R~ To-the" me+nber!' of the" CLty C0un.ci4 I ye4ip~ Yeq~Y01M'"~a.t1.d,.~CLY\..CeIt"o- ~t"o-the"wanw ~ofthe"CLty ofM~o-nkvv. To-pyovuJ..e, wvete-y Je.t1I~t"o- our properly l.ocat-ed,. vet 53 60 V~'Ro-aCL- ~ the" cit"y of Shorewo-otL I, Marvi-nl C. F~cc..t'J1/CUf"Y~ req~~{Mpe,ymi:tt"o- ~{M ~~ ~ an.d,.woul.tL 'f1.ke"t"o-LU!/ i-nt"o-the.- M~wvete,y. The" wanw ~t.ilnt We,y~ br~ i-nI cibout: 15 year!' ~ CU'1.d.- I w~t"oULtJu;a: cULw~ 1uuL"to-d&w~ t,q:>, whicrv W ~t"o-the.- ~. A~ I ye4ip~ req~y01M'" ~t"o-wat"lw ~~w~~ca:yofM~ Si,nce,y~, MCU"Vi-nI C. F~ ~e, '., WATER CONNECTION AGREEMENT TIDS AGREEMENT, made this day of , 2000, by and between the CITY OF SHOREWOOD, a municipal corporation, (the "City") and Marvin C. Fischer of 5360 Vine Hill Road, Shorewood, Minnesota, (the "Applicant"). WHEREAS, the Applicant has an interest in certain real property (the "Subject Property") located in the City of Shorewood, County of Hennepin, State of Minnesota, described in Exhibit A, attached hereto and made a part hereof; and . WHEREAS, the City owns a municipal water system that does not presently serve the Subject Property; and WHEREAS, the Applicant desires to interconnect with the Minnetonka Municipal Water System and pay to the City of Minnetonka a connection charge therefor; and WHEREAS, the City is willing to permit the Applicant to connect to the Minnetonka Municipal Water System provided that the Applicant agrees to the provisions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: . 1. The Applicant shall have the right to interconnect with the Minnetonka Municipal Water System and pay to the City of Minnetonka a connection charge therefor. 2. All work involved in such interconnection will be done according to City specifications and under City supervision and all expenses and costs connected therewith will be paid by the Applicant. 3. In the event that City extends the Shorewood municipal water system to serve the Subject Property at some time in the future, the Applicant agrees to pay any assessment in connection therewith on the same basis as all other properties assessed at that time, and the Applicant herewith specifically agrees to waive any claims or defenses to said assessment based upon a theory of no benefit because of the water connection allowed herein. 4. It is further agreed by and between the parties that this Agreement shall run with the land and shall benefit and be binding upon their respective legal representatives, successors and assigns. 5. That the Applicant record this Agreement with the Hennepin County Recorder or . . \ Registrar of Titles within thirty (30) days of Minnetonka's approval of the connection. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. APPLICANT CITY OF SHOREWOOD Marvin C. Fischer Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator STATE OF MINNESOTA SS. COUNTY OF HENNEPIN On this day of ,2000, before me, a Notary Public within and for said County, personally appeared Bradley J. Nielsen and Woody Love, to me personally known, who, being each by me duly sworn, did say that they are respectively the Acting City Administrator and Mayor 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 Acting City Administrator and Mayor acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this , 2000, by Marvin C. Fischer. day of Notary Public -2- ., . . . " Exhibit A Parcel A : The north 133.34 feet of the East 183.00 feet of the following described property: That part of the Southeast Y4 of the Southeast Y4 of the Southeast Y4 of Section 25, Township 117, Range 23 described as beginning at the Southeast comer thereof, thence North along the East line 287.3 feet, thence West parallel with the North line a distance of334.7 feet, thence North parallel with the East line thereof to a point 330 feet South of the North line thereof, thence West parallel with the North line to the East line of the West 325 feet thereof, thence South along said West line to the South line thereof, thence East to a point of beginning. Subject to Vine Hill Road. Subject to other easements of record, if any. \ . . ~ \r= //-~.~;!C:. I ~'~,\!i '!.C::::c:;~ fl\ ~ ...-. ': _ ,'- .' II \ !,"J' c..... IU'; i ': .' '1 ., 2nGq I i ,j\;' ;,0 ,0 ,,~ U L tJ\ B --= -~ Tom & Nancy Henke 5435 Timber Lane Shorewood,~N 55331 952-474-8631 thehenkes@uswest.net 8-21-2000 Mr. Larry Brown City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Brown: We are Shorewood residents that live two homes from the Tonka Bay border. We recently had a pump failure and, upon further review, it appears that we will need to replace both the pump and the well itself. The cost of this repair is estimated to be excessively expensive since the well must be drilled in a new location about 100 feet from the current well. We are not scheduled to receive Shorewood city water and don't expect this in the immediate future since there are only nine homes on our street. Since we are so close to the Tonka Bay border, we have investigated connecting to their water system. Tonka Bay will consider this and it appears that this will be a relatively inexpensive solution to our problem. In order to move ahead we need the approval of the City of Shorewood and we respectfully request this approval so that we can start to make plans for connecting to Tonka Bay's water system. Please let us know what else you might need to consider this request. Sincerely, "~'/A~ I......; . ~ .,/, YJp/y -x. if~ Tom L. Henke Nancy K. Henke ft.3P , WATER CONNECTION AGREE~NT THIS AGREEMENT, made this day of , 2000, by and between the CITY OF SHOREWOOD, a municipal corporation, (the "City") and Tom L. Henke and Nancy K. Henke of 5435 Timber Lane, Shorewood, Minnesota, (the "Applicants"). WHEREAS, the Applicants have an interest in certain real property (the "Subject Property") located in the City of Shorewood, County of Hennepin, State of Minnesota, described in Exhibit A, attached hereto and made a part hereof; and . WHEREAS, the City owns a municipal water system that does not presently serve the Subject Property; and WHEREAS, the Applicants desire to interconnect with the Tonka Bay Municipal Water System and pay to the City of Tonka Bay a connection charge therefor; and WHEREAS, the City is willing to permit the Applicants to connect to the Tonka Bay Municipal Water System provided that the Applicants agree to the provisions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Applicants shall have the right to interconnect with the Tonka Bay Municipal Water System and pay to the City of Tonka Bay connection charge therefor. . 2. All work involved in such interconnection will be done according to City specifications and under City supervision and all expenses and costs connected therewith will be paid by the Applicants. 3. In the event that City extends the Shorewood municipal water system to serve the Subject Property at some time in the future, the Applicants agree to pay any assessment in connection therewith on the same basis as all other properties assessed at that time, and the Applicants herewith specifically agree to waive any claims or defenses to said assessment based upon a theory of no benefit because of the water connection allowed herein. 4. It is further agreed by and between the parties that this Agreement shall run with the land and shall benefit and be binding upon their respective legal representatives, successors and assigns. 5. That the Applicants record this Agreement with the Hennepin County Recorder or .. . . Registrar of Titles within thirty (30) days of Tonka Bay's approval of the connection. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. APPLICANTS CITY OF SHOREWOOD Tom L. Henke Woody Love, Mayor Nancy K. Henke Bradley J. Nielsen, Acting City Administrator STATE OF MINNESOTA SS. COUNTY OF HENNEPIN On this day of ,2000, before me, a Notary Public within and for said County, personally appeared Bradley J. Nielsen and Woody Love, to me personally known, who, being each by me duly sworn, did say that they are respectively the Acting City Administrator and Mayor 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 Acting City Administrator and Mayor acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this , 2000, by Tom L. Henke and Nancy K. Henke. day of Notary Public -2- l . . EXHmIT A Parcel described as: Lot 2, Timber Lane, Hennepin County, Minnesota 1 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 26 July 2000 RE: Twetan, Len - Setback Variances FILE NO.: 405 (00.21) BACKGROUND . Mr. Len Twetan is the owner of the property at 26300 Smithtown Road (see Site Location map - Exhibit A, attached). He proposes to add on to his home by building an attached garage and a family room on the north side of the existing house. He also proposes to extend the existing floor plan on the west end of the house to create a sunroom. On the south side of the home he proposes to build a covered porch, with a covered balcony above it. Since the entire existing house encroaches into the required setbacks abutting both Smithtown Road and Grant Lorenz Road (see Exhibit B), the proposed additions require setback variances. The property in question is located in the R-1A, Single-Family Residential zoning district and contains 44,550 square feet of area. In addition to the existing home there are two outbuildings located on the property to the north and northwest of the home. A third building, located on the north side of the lot, is a detached garage owned by the property owner to the north. As can be seen on Exhibit B, the home is situated only 26 feet from the right-of-way of Grant Lorenz Road and 19 feet from the right-of-way of Smithtown Road. A 4' x 9' covered entry extends four feet closer to Smithtown Road. The proposed family room addition extends into the fifty-foot setback area by four feet, simply to connect to the n ...1 PRINTEO ON RECYCLEO PAPER -=#ue Memorandum Re: Twetan Setback Variances 26 July 2000 existing house. As proposed, the garage addition requires approximately a two-foot variance. The covered porch and entry would be only 14.6 feet from Smithtown Road, requiring a 35.4-foot variarice. Finally, the sunroom extension is 35 feet from Smithtown Road, a variance of 15 feet. Floor plans for the proposed work are shown on Exhibit C. Proposed building elevations are shown on Exhibits D and E. It should be noted that although the proposed garage appears to be two stories in height, the second level appears to be attic space. The applicant's request is explained in his letter, dated 5 July 2000 (see Exhibit F). ISSUES AND ANALYSIS . While the construction date of the existing home has not been stated, it obviously predates any of Shorewood's zoning regulations. As a consequence the existing home is located entirely within the current required setback areas for Smithtown Road and Grant Lorenz Road. Any expansion of the existing home would therefore require some sort of variance setback variance. While there may be merit to the garage/family room variance, the variance for the covered porch is not as supportable. A. Familv Room/Attached Garage. . The house currently contains 1407 square feet of floor area on the main level (the plans submitted do not show the second level floor plan). . The proposed additions adds 1320 square feet of floor area, of which 600 square feet isthe new garage. This portion of the project extends the home in the right direction, into the buildable area of the lot. The City has observed an unwritten policy that the inability to have a two- car garage in Minnesota constitutes a hardship. It should be noted that this variance could be minimized by widening the family room two feet and moving the garage back two feet, so as to comply with the fifty-foot setback. B. Covered Front Porch/Upper Level Balcony. The front porch and upper level balcony extend the house further into the side yard setback area, increasing the nonconformity of the existing house. Section 1201.03 Subd. l.k. of the Shorewood Zoning Code specifically states that nonconforming single-family homes may be expanded, provided that the addition does not increase the nonconformity. The applicant's letter does not address the criteria for granting variances, found in Section 1201.05 Subd. 2.b. of the Zoning Code. Specifically, the front porch addition fails the test of physical uniqueness and is contrary to the provision that requires variances to be minimized to the extent possible. An aesthetic argument is not grounds for granting a variance. -2- Memorandum Re: Twetan Setback Variances 26 July 2000 C. Sunroom Addition. The sunroom addition extends an existing porch on the west end of the existing house out approximately 2.5 feet. While this is relatively minimal, the applicant should explain why the stairway located in the adjoining laundry room could' not be eliminated by virtue of the new stairway located in the entry area. If there is some structural reason why the existing basement can not be connected to the new basement under the family room, the sunroom extension may be necessary to make the space more usable. RECOMMENDATION . While there is justification for a variance on the north side of the house, this variance could be minimized by moving the proposed garage backtwo feet. The covered porch increases the nonconformity of the existing house and does not meet the criteria for granting a variance. If the applicant can demonstrate why the stairway in the laundry room is necessary, the sunroom addition variance can be recommended in order to make the space usable. If the Planning Commission wishes to see revised plans reflecting the changes recommended herein, the variance request should be tabled for 30 days. Otherwise the applicant may go on to the City Council with a written recommendation from the Commission. In either event, the applicant is advised by copy of this memorandum that consideration of the request will exceed the statutory 60-day review period in order to allow time for the recoffimendedchanges to be made to the plans. Cc: Tim Keane Joe pazandak Len Twetan Rick Riley . -3- J J I ] 200 o 200 Feet I c a: N Z W a: <t a: e" RD '!!i~II.:!i:!iii!!IJ!!J!!i! ~ N W ...J Exhibit A SITE LOCA nON Twetan Setback Variances , I u. :80J ^?A~nS .:10 31 V:JI.:I11~3a 8Co60 ~ 'tQN ./ t.J /lilO} ~JlIf/j. ~;'-D-~-''''- -r-... -~. r- -..., . -, - , ... _au ~ "'JOd~ ~gM JJ~:.J '::I/t::o,,(~~,:,,:,/,?- '0fU*:. A"I.U oI";lIn .10 , ,,' '011' -vlfJP3 A"QOJ_1I / I I __ __ -T - -- _----1. -- -- - -- - -- -- -- --- -'- - - - - -..,.....-... -- -r- I NOlLOfN >lOO)JEI 31SIJ:Jd JO 'OI~ pJO:)JJJ ~n IJQ UMOll8 an poo~ IIMO'I.lJlWS 10 ADM -Io-'~"t~ ..q;'lImos - ;'" ! 'hI f ~ $110NlI'll1.l11 .#0 1003 . . 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'-..1./ > 0/ ~ Exhibit D ELEVATIONS - SOUTH AND NORTH . . 1 ~ -l- -r d f 1 z o ~ > W, ...JO w.... ...." cnco w.... 3:(;; S ~~~~iJ;ff~1 -,. :r( . i 8 \l~ J.. ..t: ~ ~ ~ --L -r z o ~ ~, ..J9 w.... ...." cn<o cc.... w(;; /i' (fIl I 10) \..L/ Exhibit E ELEVATIONS-EAST AND WEST July 5, 2000 City of Shorewood Petition for Variance Re: Twetan Residence 26300 Smithtown Road To Planning Commission and City Council, . The above named residential property is on the Northwest corner of Smithtown Road and Grant Lorenz Road, the existing home is currently setback 19.1 feet from Smithtown Road. The South property line is defined as "the side yard abutting a street" and has a required 50-foot setback associated with it. Therefore the proposed covered front porch, proposed sunroom, family room and attached garage have portions of them with-in the 50-foot setback and would require avariance. We are proposing a covered front entry deck in alignment with the existing covered stoop that would require the setback to be 14.6 feet. The proposed sunroom is enlarging an existing room and would be 37 feet from said south property line. The proposed family room and attached garage encroaches 2 - 4 feet into the same 50-foot setback. Nearly the entire home is non-complying and is violating the 50-foot setbacks on either Smithtown Road or Grant Lorenz Road. We offer the following conditions for your review: 1. The proposed additions will not impair supply of light or air to adjacent properties. . 2. The proposed additions will not increase congestion on public streets. 3. The proposed additions will not increase danger of tire or public safety. 4. The proposed additions will only increase property values for our owner and the neighborhood. 5. We are not aware that the proposed addition would violate the intent of the cities comprehensive plan. In summary, the proposed additions do not encroach any closer to property lines than the existing home. The proposed front entry "wrap around" porch would instill the character of a farmhouse much more than the existing covered stoop, and the majority of the proposed family room and attached garages fall with-in required setbacks. Exhibit F APPLICANT'S REOUEST LETTER Dated 5 July 2000 . . -2- July 5, 2000 We feel the proposed additions blend architecturally with the existing home and the positions chosen on the property have minimum impact on the South property line in question. The proposed additions would seem to exemplify reasonable use of the property after considering several options and would be in character with the original home. Sincerely, ~~ ~~~ Sawhorse Designers Len Twetan, Owner " . . July 5, 2000 City of Shorewood Re: Twetan Residence 26300 Smithtown Road HARD COVER CALCULATIONS: Lot Area (150 x 297) = 44,550 SF 1407 Existing house 301.4.1 Detached sheds 576 Neighbors building 2284.4.1 Existing buildings 1320 SF Proposed building 1500 SF (Approx. driveway) 5104.4 SF Hardcover calculation approx. 11 % . . "4 CITY OF SHOREWOOD RESOLUTION NO. .- A RESOLUTION GRANTING SETBACK VARIANCES TO GREG AND MOLLY SWIRTZ WHEREAS, Greg and Molly Swirtz (Applicants have an interest in the real property located at 6090 Ridge Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and and WHEREAS, the property is located partially within the bluff adjacent to Christmas Lake; WHEREAS, the Applicants have applied to the City for a variance from the bluff setback requirement in order to build a deck on the rear of their home; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 12 July 2000, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 18 July 2000, the minutes of ~hich meeting are on file at City Hall; and WHEREAS, the Applicants' request was considered by the City Council at their regular meeting on 24 July 2000, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the lot contains 44,824 square feet of area, is 148 feet wide at the building line, and is located in the R-1NS zoning district. 2. That the existing house on the property is nonconforming with respect to bluff setback requirements. 3. That the property is located on the narrowest part of the ridge between Christmas Lake and Silver Lake. 4. That building a new house on the property would have resulted in more substantial alteration to the site than the remodeling that has been done to the existing structure. 5. That the site is characterized by dramatic changes in elevation, the Christmas Lake side of which is extremely steep. ~lJA. . . ~ 6. That the site is well screened from view from Christmas Lake. 7. That the size of the proposed deck is 10 feet by 34 feet. CONCLUSION 1. That the Applicants have satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants the Applicants' request for setback variances to construct a deck on the rear of the home as shown on Exhibit B, attached. 3. That this approval is subject to the following conditions: a. The Applicants must provide construction drawings showing how the deck will cantilever over the edge of the bluff. The depth of the deck shall be limited by the engineering for the cantilever, but no greater than 10 feet. ," b. The footings for the deck shall not extend over the edge of the existing bluff line. 4. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of October, 1999. ATTEST: WOODY LOVE, MAYOR BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR -2- ~ DESCRIPTION; .. That port of Government Lot 7, Section 36, Township 117 North, Range 23 West of the 5th Principal Meridian, described os follows: Commencing at the Northeast corner of Section 2, Township 116 North, Range 23 West of the 5th Principal Meridian; thence North 29 degrees 19 minutes East a distance of 668.5 feet to the point of beginning of the land to be described, and which point is in 0 line hereinafter called the Southwesterly bou.ndary line drown South 68 degrees 11 minutes East; thence Southeasterly along said Southwesterly boundary line 0 distance of 110.7 feet; thence. North 19 degreees 32 minutes East 0 distance of 150 feet more or less to on intesection with a line' drown parallel to and distant at right angles 150 feet Northeasterly from the said Southwesterly boundary line, being the Northeasterly boundary line, thence Northwesterly along said Northeasterly boundary line a distance of 291.5 feet jore or less to the shore of Christmas Lake; thence Southwesterly along the ore of said Lake to on intersection with the said Southwesterly boundary line produced; thence Southeasterly along said Southwesterly boundary line to the point of beginning. (This description assumes that the South boundary line of said Section 36, is a true East and West line). . ALSO that port of Government Lot 7, Section 36, Township 117, Range 23, described os follows: Commencing at the Northeast comer of Section 2, Township 116, Range 23; theflce North 29 degrees 19 minutes East a distqnce of 668.5 feet; thence South' ..68 degrees 11 minutes East 0 distance of 110.7 feet; thence North 19 degrees 32 minutes East a distance of 150 feet, more or less to a point in a line drown paraHel with and distant 150 feet Northeasterly measured at a right angle from the aforesaid line bearing South .degrees 11 minutes East; thence North 68 degrees.11 minutes West a . dIstance of 101.7 feet to the actual point of beginning of the tract of land to be described; thence at 0 right angle Northeasterly a distance of 25 feet; thence North 68 degrees 11 minutes West a distance of 155 feet, more or less to the East shore of Christmas Lake; thence Southwesterly along the shore of said Lake a distance of 25 feet more or less to 0 point in 0 line bearing North 68 degrees 11 minutes West from the point 01 beginning; thence South 68 degrees 11 minutes East to the actual point of beginning. (For purposes of this description the South line of Section 36, Township 117. Range 23 is assumed to be due East and West line). Exhibit A . NORTH ./.-.... .... \..A.. : ' ,- .: : " o,l : ,/ l I I ,"'1>- NOl J,.. -, 0 c;,c.a.1 ~ af'\~t~5 L4~ ~ :r , , j .. o ti ~ ~ ~,?s! :-.., Q 'f . ---- Exhibit B t .-' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 27 July 2000 RE: Control House Investments - Proposed Rezoning FILE NO,: 405 (00.20) BACKGROUND . Control House Investments, LLC, owns the office building at 23075 State Highway 7 (see Site Location map - Exhibit A, attached). Dave Mueller, representing Control House, has requested a rezoning for the southerly portion of the property from R-2A, Single- and Two-Family Residential to R-C, Residential Commercial. The northerly portion of the property is already in the R -C district. The property contains approximately 46,084 square feet of area (see Exhibit B), of which 18,050 square feet is zoned R-C.. The office building and accessory parking lot exist as a conditional use in the R-C district. The R-C zoning of the property and the original conditional use permit occurred in 1983. Due to parking problems with a previous use of the site, a former owner purchased the vacant lot to the south of the office building and legally combined it with the office site. Although this was done at the suggestion of the City, the former owner never obtained the R-C zoning before combining the lots. As a consequence, the property is split between two zoning districts. Land use and zoning surrounding the site are as follows: North(west): State Highway 7, then single-family residential; zoned R-ID South: Single-family residential; zoned R-2A East: Single-family residential; zonedR-IC ft ~., PRINTED ON RECYCLED PAPER +LDL- t . . , Memorandum Re: Control House Rezoning 27 July 2000 ANAL YSIS/RECOMMENDATION Although the parking problem that previously existed has since been corrected, the portion of the site on which the office building is.located is still extremely tight. While the applicant has no current plans for the property, he has expressed interest in building a small garage on the property, possibly expanding the parking and making some landscaping improvements. The current owner has done a good job correcting problems on the site, as is evidenced by the signatures of area residents on Exhibit C. The R-C zoning district was originally designed as a transitional district between lower density residential and higher intensity uses such as commercial or highways. In this regard the zoning and use of the property is consistent with Shorewood's Comprehensive Plan. The size of the original site was always considered minimal, and the addition of the vacant lot will provide space and some flexibility for future improvements. It is worth noting that virtually anything done on the property, except for landscaping, will require a revised conditional use permit. The applicant has also requested that an existing drainage and utility that extends along the old property line be vacated. Since the properties have been combined, and there are no utilities in the easement, the easement has no public purpose. A separate public hearing has been scheduled for the 28 August Council meeting. Approval of the rezoning is recommended. Cc: Tim Keane Larry Brown Dave Mueller -2- II . (J) W ..oJ ~ ~ N <C :r: u l!) 200 0 200 400 Feet I I l- V) ~ #= ~ SUMMIT AVE Exhibit A SITE LOCATION Control House Proposed Rezoning /' / ~l .t~ '~!~ . . it -)\ ~ ]:}$ +- / / r/) / \')/ / . ~ ... /I. 0' ~ .j;~ -.<' ~{.-- -4? I k A e- ~\'1t\) R - LA. -S'rt-<.. ... -0 1 Q( ~ '" " \J .... ~ ... .... ~ .... .... Exhibit B SITE PLAN ",'# June 19,2000 Brad Nielsen City Of Shorewood 5755 Country Club Road Shorewood, MN 55331 Subject: Zoning for 23075 Highway 7 Dear Brad: Control House Investments, LLC, is requesting that the RC zoning be expanded to include the entire parcel described on the survey included with this request. The purpose is to make the zoning uniform for the parcel ofland; presently, there are both RC and R2 zoning on this parcel. This change will also reduce the percentage of hardcover for the parcel. This request is supported by the following adjacent property owners: . Name Jl}/cc,~UJ Cv~/ \ { // Address 6(2~~ clt4d4t cJ 60;<5 ~!'^ f1 (,IJ(,S ~ ~. ~ elta~~ ~ ~I& t1' d c.~ Q~ . Sincerely, David J er Control House Investments, LLC 23075 Highway 7 Shorewood, MN 55331 Telephone Number >"~ .... /731' \l 1'/ 47Y- G, 7~ S- '-f7~- ~,:(7j 'fir - (<{CoCo ~ t<J' ~<J "':Iv Exhibit C RESIDENT SUPPORT Sunday, July 30,2000 10:32 PM To: City of Shorewood planning department From: Michael C. Marr, 612-470-0749 :tv.f:r. & Mrs. Michael Marr 6015 Chaska Rd. Excelsior, MN. 55331 July 30, 2000 City of Shorewood c/o Planning Dept. 5755 Country Club Road Shorewood. MN. 55331 . Dear Planninfl Dept: In response to your letter regarding the rezoning of Mr. David Mueller's property on Chaska Road, we would like to go on the record as being opposed to the rezoning at this time. A few weeks ago Mr. Mueller approached us to sign a petition for rezoning this property, after considering the ramifications of allowing the rezoning we now regret agreeing to the petition Many Councils have reviewed this property and the adjoining property which houses the office building. In the past each Council has agreed that the property should stay in the R-2A zoning. Mr. Mueller's request to rezone both properties to R-C, we feel, will allow the kind of business activity that every other Council has rejected for this site, namely the building of another Hwy 7 "strip" like at Old Market Road. While Mr. Mueller has stated to us that he has no intentions of developing the property, it is the prospect of future owners adding another business building or even mising the first one and making a larger complex is what concerns us. It should be noted ~at Mr. Mueller has been the most concerned and conscientious owner of the building since it was constructed. Our fear is the next owner might not have the same views. As you mayor may not know there have been many owners of the building over the short time it has been in existence. Another considemtion is the fact that since the last review of this property, the intersection at State Hwy. 7 and Galpin Lake Road has been closed. This has forced all the traffic onto Chaska Road. We feel additional business activity would overburden Chaska Road even more. In conclusion, we are opposed to the rezoning of the property in question and feel the current zoning of one and two family homes is much more appropriate for this site. . Sincerely, Michael C. Marr Cynthia 1. Marr Page: 1 of 1 Attn: Planning Department, City of Shorewood Reg: Changing the Zoning District at 23075 State Highway 7 I was one of the neighbors that signed David Mueller's petition to rezone the lot next to his office building. I had no problem helping. out Mr. Mueller with his endeavor as he is a very personable and courteous neighbor. My knowledge of zoning and mortgage impact is very limited. On the other hand, my wife has worked many years as a Broker Coordinator and Mortgage underwriter. She has great concerns. She stated to me that with increasing the area zoned from the one lot that the Control House office is on to the combined larger two lots there would be a great impact on marketability of our whole neighborhood and especially on our property related to our lots proximity. She stated that in her experience there is an automatic decrease in the appraised value of the residences when . there is a commercial influence nearby. I did ask Mr. Mueller when he approached me about signing his Jetter on his intentions with the property and he reported that he had none at this time. For us, more parking would be acceptable but there is concern that in the future a much larger building or store could be placed on this propmy. This would add to the decreased marketability of our homes and add to the large amount of traffic already using Chaska Road. fun and Julie Mahoney 5985 Chaska Road Shorewood, MN 55331 . t t2.. rY'\~ ~ cu-P- C~ t~ I~ ~ <<;~ n W7f~ rr1\1 I~ AUG 012000 10.1 By, I I MEMORANDUM . TO: FROM: DATE: RE: FILE NO. 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 Planning Commission Brad Nielsen 27 July 2000 Manitou Woods P.D.D. - Concept and Development Stage Plans 405 (00.02) Roger Anderson has resurrected plans for a small twinhome project called Manitou Woods, located at 5580 County Road 19 (see Site Location map - Exhibit A, attached). The project was originally approved in 1995, but never recorded. Staff reports from the earlier reviews are attached for your review as Attachment I and II (copied in yellow). Background, issues and recommendations from the original project remain substantially unchanged. A detailed staff report on the current proposal will be delivered under separate cover. . Cc: Larry Brown Chris Lizee ft ~.1 PRINTED ON RECYCLED PAPER ~IJO , G EN RO :s A N c a: ED :::> ..J o > a: t- z :::> o o u ~ c o o 3: w ~ o J: Ul 200 0 200 400 600 800 Feet I Exhibit A MANITOU WOODS PUD MANITOU WOODS it ib . . , , , . . .' .' ..' .' ./ ..' .....' . .~/> - ,0-7....... ..- .' , ~ NORTH ~ r __rar \ i~ ~ , i II t i ~ " I . i . lL .... . '" '" .... . (0 /' "MANITOU GLEN" k 8 b o ~ < '" < '" "'. z '" .. x ... i i i Ii ~.'" o.~"",-- oc. If" -, .--- ,~ . ::> o f- Z >-- --.- /'/ /' 232.41 N 88'47'30' W ..zso.OO ~~lH~ CF LOT 24 AUDITOR'S SUBD. PRElIMINARY PLAT . - NO. Pl.Onm ~ 1144 -- 1 OF 4 1_ CIIl1IFY liar _ PUll _ _Mal .., IC .. _ MY -.:r ~ _ liar 1l1li A Dlll.Y ~ --... DICIIiQIt - 1IC IMS tIT 1IC $fAlE tIT -.rA Exhibit B PRELIMINARY PLAT Roger A. Andezson & Associates, Inc. OITIL .IC"I..III. C:O.'VLTA.T' s ..... A. .......... ".,L ,.. ___ __ ... 1W ____ _ __ _...,........ .. _ ...... DAlE ... IIlI. ~ :~ i IIII ~5 ~f!: i'l; . 0 c~ i!l~ dO . ZZ IIi' -0 ~m II r e5ffi _:!I ~~ .......... t5 z \ ~\ .....------':.. ,....",. "-9 IV DC. II. nNlCOldl .. I I .. /~ /'/ . . . , J /' // ,. /' .' ,.../> ,.Y ,,,' / " / .", i' . ~ NORTH ~ T -.: . JIU ~ \. ~ I I z t z /: J I z I z \ (0 /' . ... '" ~ -< '" I ~ :r 0 8 f I ::> r 0 I l- I z I . <( II ~ I : r:;,.. CL ~ '*' .... cr.'~-I- . --=-- AUDITOR'S - SUBD. . ~ TREE PRESERVATION PLAN ~.. -- - ~.. ~ 4OF4 - ..... A. IIIIIlIUIMiIII, ".L Roger A. Anderson &: Associates, Inc. ClY,,, ........... c......y".y. ----._- --- -...- ......- Exhibit D TREE PRESERVATION 1 _ COllIn' lIlA, _ I'UII ..__ 8Y. 01 _... MX:r ___ _ 1IUo' 1_4"''1__. 1'1._ - 1IC U. . 1IC srAJE . IIIIIGDIA 1_ :....., I ~ .. i MAYOR -Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis . Bruce Benson '-" ,CITY OF SHOREWOOD ", '7'-_ .':':":'... ~ :, 5755 COUNTRY CLUB ROAD. SHOREWOOO, MINNESOTA 55331~8927 ~ (612) 474-:3236 " " MEMORANDUM ',- .' TO: FROM: DATE: _.- Planning Comssion, Mayor and City CounCil Brad Nielsen _27 JulyJ994 .. ~: RE: .-Manitou Woods - Preliminary Plat . . Fll.E NO.:'" 405 (94.16) ./ . BACKGROUND Abingdon Development Corp. proposes to subdivide the property at 5580 County Road 19 (see Site Location map - ExhibitA, attached) iIltotwo, two-falnily residential lots (two base lots;four unit lots). Exhibits B andC show their proposed preliminary plat and grading and utility plans, - respective~y. " The property is zoned R-C~ Residential-Commercial and. contains approximately 44,115 . square feet of area. Surrounding land use and zoning are as follows: . North - multiple-family residential; zoned P.U .D;" East" " "- NSP and commercial; zoned commercial " South - vacant; zoned commercial West - multiple-family residential; zoned R-C ." ' -': Although all four unit lots front on a public street, the applicant proposes to accesS tliemwith a " single aCcess . road." · Based upon EXhibit C, it is. their intent to connect to the TOllka Bay water system. :>_. -, ~ -" -" . - " ANALYSIsIRECOMMENDATION A. Zotrlni. TheR-C district allows tWo-famuy d\yellings as permitted uses. .The plat as proposed complies with lot area; wi<ith atld setback requirements prescnOed by the R..C " district. " The plat also cpmplies with the special provisions contained in 1201.03 Subd. 16 relative tothe.~~bdiVision o~two-familylots. - "B. S~Qdi~iQAR~~ts."" 1. Access~ ..As mentioned, thefourumtswill be~bya"shared internal circulation " system with one curb cut.on County" Road 19.. Limiting ~ property access on County Road 19 has ~n strOngly advocated in'the past..". The acce$S..drlve will AR~WI Com""",i", "" zi'Min_.,.~h~t'\* I :~ :::Jj:l.j-.;t .s~~ ~.~; J):::J ~~~ \. vd .s.... \ td) d " '~.8 -8.~ .~-= ' ufJ ( ;:.;~ If - e.ii! J3 . 88 .51 ~ ~8 ;1'~ ~~ a:a ~.g .- ~ a ci . El .. =>- 8.::: ~. 8~ 8 s'u E~v evoS ~;~ ~~~ . 8.-= og e ~s i _ "'0, c::l ..elSo bI) 0 .~ N g d ~.c::l g.g]"S 0 .2 ...:l < "'O.g ~ c::l ~ 0 0 t:v'8--= o v ~-= ~ VJ .-51 ! ~ ~ s-.ra 8] v.... l:l ~ .... B'~ ~':>. l:l ~ 't:I~-Ja ~. V.o .gv~. ~~ .~ ai'~~ ~ o ~.... v "'0 ~ o ~~"S<=l .ra I.~ J~f 8 ~ v &Q)~-= v ~~-S,tii~ 2 ~SO..~OS ~.8.8.g ..:::::l v "td)'~ td)t:d ~~:B~] ~ ~ .]g ~ i1.g t!-I .8 _ 0 'tiS ..E! o~::s(.)vo "5 ~~~~~ oS 8 !i.o c::l re ::S~_]~U) g 8 g ~~ 8- Q)S..!04......f!l..( -SVJ~ra~ -i-! ~.o ta.x . 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UNIT I'ADNr 8Irr'fMa( . 35 fT ... YARD . 11 FT REAR ~.. 40 FT GIMRAL NOJ'II$a GROll ARI4 . 44.114.1 II' lEI' AI'If.A . ..a.417.. II' ....... ClI".LOI'S . .. ...... 1.01' .. . 2UOO II' P'IR DOWlI..a 10.,000 II' P'IR UNIT --.-----...-_w_ "'-'~""'_.-"'__Of'_ l:t1 ~ 0" ~. b:I t.nr..J(flnN. n... . -.'., -- 2 I W I I , -- c, g 1 3 .- '=-, ,- 2 ~{ ... .'l: AlID. a a Q If :l aI "a a L . 'ol: . : . ' I '. r-'-- 3, I ~ MIlA . 11.11D .. HI!I' MIlA . 11.1DZ .. ... ............., I I I ~ MIlA . 11.1141 .. 4 r HI!I' AIlEA . 1Un .. I L _ __ ____ _ __ _ _ __ _ _..:::'_ _ ~ a ~ ... .......- ~U8. \ ..- f> ",.4"IO"e. ,........ ___ r-------,.-.. J GIIOIa MIlA . lOMS .. \ I HI!I' MIlA . '.HI .. \ I ()) \ I \ ~ ~ ,.., ""',\0>>".. ~ 2 , I GIIOIa MIlA . 1D.041 .. J HEr MIlA . '.131 .. I L_ (' \ \ \ o \ ---- - - - - - - - ~ ' H"""'''''''.ao'"tt (i . ------, \ \ \ \ .. .-..,.,.........:.o..w 2.M.!iO:...... Ne. .~.., ....J..., 'f-. VI ~ ~ ~ ~ tJ- ~ ~ \ \ \ -e \", t' '. .. " '!o. .. r t. . '" 'rt i; I , , . \ UlW.",-,- All ~,.,......... III........................ ~ ....... .. ... ......... ...... .. ..... .... ... . ........ ............................. ... ..... ........................ -.. 1Ie:_ .................... -.-., tD.N........ .... ... h; ..... .............. ..... .... ....... .... .. ... .... .. .......... ......... .. .. ,... -- ... ... .... .. ... a...- .. DNIIe. .. .. Ilooolr, .... \ \ \ ~ / / I I of I I I I ~ \ \ \. "- '-. ,.........- . .' . .... ~"H .....,...,.,. -.--, .. .. - ~ f .. ~ '\ '" . '- J;> ~~. .,~- ~ ~ ~ /' .-F ...J -- --- ;/ . c ra!-=-- Q ..... .~ ~ II ~ t t j o 9 $I ... . .' MAYOR Robert Bean CITY OF ~SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarw Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. ~INNESOTA ~5331'8927 ~. (612) 474.3236 MEMORANDUM . TO: FROM: DAlE: RE: mE NO.: Planning Commissio~ Mayor and City Council Brad Nielsen 30 March 1995 Manitou Woods - Preliminary Plat 405 (94.16) . Abingdon's proposal to build two twinhomes at 5580 County Road 19 had received positive recommendations from the Planning Commission and City staff before it was suspended by the development moratorium. Based upon the recommendations of the 27 July. 1994 staff report, the proposal is still ,consistent with City requirements. The Comprehensive Plan Update impacts the proposal in two ways: 1) tree preservation! reforestation; and 2) 'City water requirements. 1. Tree Preservation apd Reforestation. It is suggested that tree removal be limited to only those which are minimally necessary to accommodate the proposed buildings, parking area and pond, In this regard, construction fencing should be required to be placed no further than 10 feet from the proposed building pads and around the pond, as illustrated on Exhibit A~ ,." ,. ..... . _..-":- As part of the final plat for this project, the developer should be required t6 provide a , landscape plan showing foundation planting for the units and, screening alo~g County Road 19. _. -. ' -. 2. Cj~ Warer. The preHmiTlary plat proposes thatthetwinhomes ,will be connected to the Tonka Bay water system. The Comprehensive Plan Update requires new development to be connected to Shorewood's system where ft;.asible. Although Shorewood has no immediate plans to' extend water along County Road 19, this is an area which will be considered in the very n~ future,~:~ the number of potential users on this se~ent of the systeIn: Whathas,been Suggested for new development where water is not available is.the Jollowing: a. The devel~,pays a $5000 per unit.trunk: charge at the time of final plat approVal. b. Internal water main is installed with the development of the site. M~t\tJI. A Residential. Community on Lake Min/1fltonka's South Shore ~ ~ 3!! \() . ::IP-4O\ 9 ~ ~JJ ~,tg. . . " s ~ I.i ~ ~ 'S bO~' - ~~ 4) 'W. '> ~ ~ ~ 8~ ~ ..0 o..~ . 8. h 4) .~ ~i3 ~~ H g~ '+=l ud O 8 o.S '.c ..... ~ eo ..clo ~ ~ B .~ ~ ..... 8~ i~ ~~ g" ~~J-o ~~ U Po. ~~~'i .~ i i -8 9 .S ! it; ~ 10 ~ ~~ C' '0 fI:l-~ .g !~.B~~ ~gm fits ~'16Ii .....ElveS ~8i3 ~8 t:l.....~ <<4-<8 : ~.f18 . 0 8 "d , ~ bO.13 ~ B . ~ -8 .Ej -a .~ ~ ~ i ~ S I, -"" S ::Io'~ . e u. 0 , '" en en "~ - ::z:: Cl ~ 1j . u ~]~a H . .' " \. . . , .1 I N , ",. , . . , ( < .... :B :a &1 ~ II b r t o I II a .. Aua-09-2000 03:32pm From-CITY OF ORONO .. +9522494616 T-331 P.002/004 F-743 CITY 01 ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 MUDicipal OftIees MallIn, AddmI: P.O. Box 66 Crystal Bay, MN 55323.()Q66 August 9, 2000 . Mayor Woody Love City of Shorewood 5755 Country Club Road Shorewood.~ 55331 Dear Mayor Love: 1 have been working with Commissioner Mary Tambornino's office regarding funding for increased water patrol staffing on Lake Minnetonka. There is a good chance four members of the County Board will support the County providing a 50% funding match to meet the need for increased water .. patrol staffing. Commissioner Tambomino's office has requested letters from all Lake Area Mayors requesting funding assistance from the County. These letters should be sent to all of the County Commissioners~ with copies to our legislators. Time is of the essence. Please send the letters at yonl' enl'liest opportunity. A copy of the letter sent from the City of Orono is attached. . ~~~ We are grateful to Mary Tambomino's office for their assistance and support on this issue of great importance to Lake Minnetonka. Sincerely. Mayor, City of Orono Telephone (952) 249-4600 · Fax (952) 2494616 www.c:i.oroao.mn.us -:#-111 Au~-09-2000 03:33pm From-CITY OF ORONO +9522494616 T-331 P.003/004 F-743 CITY of ORONO Straet Address: 2750 Kelley Parkway Orono. MN 55356 Muuiclpal 0IIkes IIaIIIna Address: P.O. Box 66 Cry$tal Bay, MN 55323-0066 August 8, 2000 Commissioner Mary Tambornino District 6 Hennepin County A2400 Government Center Minneapolis, MN 55487-0240 . Dear Commissione.r Tambornino: I am writing on behalf of the Orono City Council to request your suppon for County assistance to address a critical issue of safety on Lake Minnetonka. Due to the combination of the rapidly increasing popularity of Lake Minnetonka and the court's decision to limit the enforcement authority of the volunteer water patrol deputies, a lack of adequate enforcement of boating regulations on Lake Minnetonka is putting lake users at risk. The majority of the increase in lake use is from off the lake. There has been no increase in the number of boats kept on the lake. To address this safety problem, it is imperative that funding be put in place for two additional water patrol deputies. The Lake Area Cities would like to partner with the County to fund the additional water patrol deputies. The Cities have agreed to provide substantial funding, and are requesting that the COUnty provide 50% of the necessary funding. ". Lake Minnetonka is the crown jewel of the natural and recreational resources in the metro region. It is critical that, as the number of lake users continues to increase, the Lake Area Cities and the County take the necessary actions to help ensure a safe and enjoyable experience for alllak.e users. Your support of funding for additional water patrol deputies is an essential element of this effort. Thank you for your time and consideration. If you have any questions regarding this request, please do not hesitate to call me at 379-2321 or 599-2838. Sincerely, ~~ Gabriel Jabbour Mayor, City of Orono Telephone (952) 249-4600 · Fax (952) 249-4616 www.eLorono.mn..us . . A~i-09-2000 03:33pm From-CITY OF ORONO Commissioner Mary Tambomino August 8, 2000 Page 2 cc: State Senator Gen Olson State Senator Edward Oliver State Representative Henry Todd VanDelIen State Representative Tom Workman GJllsv +9522494616 T-331 P,004/004 F-743 (.' nilttuov f D' ULv~{ f1J t'f\ I U~y ~ of MEMO 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 __ (612} 472-0600 :..~~ ~ t?U [j=l . n ~.~~ ~7.. 2-0620 ! 0 c::' H riP I "~I~I' . - -,. -" 'I .; I : AUG 1 7 2000 ~. I i 'By \ CITY OF MOUND DATE: August 9, 2000 TO: Douglas Babcock, LMCD Chairman Greg Nybeck, LMCD Executive Director . FROM: Mayor Pat Meisel Mound City Council Members Kandis Hanson, City Manager RE: Increased Water Patrol on Lake Minnetonka At it's August 8, 2000 meeting, the Mound City Council considered LMCD Resolution -. 99 requesting LMCD member cities to subsidize the cost of two additional patrol officers for Lake Minnetonka, in the'aniountof$100,000.OO.' Members voted to not support the resolution. ,- " ' , . - - . Point #1. It is the opinion of the Councilthat any increase in problems caused directly by charter boats and liquor consumption on charter boats may be directly controlled by LMCD. As the licensing agency, LMCD may'control the quantity and type of operation with no increase in law enforcement costs to member cities. Violations could be addressed through the licensing controls. Should these commercial operations in some way create the need for more police presence, those costs should be passed directly through to the licensee in the form of higher fees. It is not the role of the City of Mound to subsidize private business in this manner. Point #2. It is the opinion of the City of Mound Council that this proposal is the result of a recent litigation that has reduced the authority of water patrol volunteers. That outcome is not the responsibility of local municipalities; that is a Hennepin County problem. Point #3. Over the years, Lake Minnetonka municipalities have been subjected to mandates for more accesses and more parking. These mandates have increased parking congestion and have otherwise squeezed the City of Mound, with no accompanying means of relief. This, too, is a regional problem, that has been made the burden of a locality. It is the opinion of the Council that those agencies that place requirements on municipalities should bear the burden of the impacts. @ printed on recycled paper . ~,. Page: Two Date: August 9, 2000 4" Subj: Increased Water Patrol on Lake Minnetonka . Point #4. It is a fact that cities surrounding Lake Minnetonka pay a greater share of the tax used to regulate Lake Minnetonka already. It is the opinion of the Council that marketing schemes that draw consumers from well outside the Mound area should be funded by the users (Le., licensing fees or surcharges) which, in turn, will fund the cost of increased water patrol. Licensing requirements could, in fact, require hired marine patrol as a condition of permit approval. LMCD member cities should not be expected to pay for increased law enforcement for these types of lake activities. Point #5. If this increase were to pass by majority vote of the LMCD membership, the ,...,;~, o.J:'.L M-"-.:I has ""H- rem"';"';"'- c-nc-"""'" 1'1+ IS' -en' 'tt',.."l that ...." "u... ~~..t:+.:"..."" VHJ ~ VWlU 1. ~YYV ~ <ULUU!S V I;,;J.-"'>. J ~ '-J. ___ u.r.,- Lnv ........uUV1H4& officers be dedicated to Lake Minnetonka and that there are assurances that existing water patrol on Lake Minnetonka not be rotated to other locations. 2) An alert that LMCD's 33% participation in this program will result in a loss of services to member cities otherwise provided by those same dollars. For these reasons, the City of Mound is opposed to supporting LMCD Resolution 99. Should you have further questions or wish further discussion, you are invited to contact -.::: the City Manager or visit with Council Members at a regularly scheduled meeting. . Cc: City ofTonka Bay City of Deephaven City ofMinnetrista City of Spring Park City ofWayzata . City of Minnetonka Beach City of Victoria - City of Excelsior City ofMinnetonka -City ()f Orono . City ,0fSho.?:~}Y€?.c?d~ City of Woodland City of Greenwood County Commissioner Mary Tambonrino State Senator Gen Olson State Senator Edward Oliver State Representative Henry Todd VanDellen State Representative Tom Workman .,.- 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: August 23, 2000 To: Honorable Mayor and City Council Membersd .,' 6~' Bonnie Burton, Finance Director/Treasurer ~ . From: Re: Presentation of the 1999,.Comprehensive Annual Financial Report (CAFR) . - Steve McDonald, CPA, from the audit firm of Abdo, Abdo, Eick & Meyers, will be present at the August 28 City Council meeting to review the 1999 Comprehensive Annual Financial Report (CAFR) for the City of Shore wood. (The report was distributed to the City Council with the August 14, 2000 council materials.) The Comprehensive annual Financial Report (CAFR) documents the financial activity and the financial status of the City at year-end 1999. It includes the audited financial statements and the auditor's report relative to the statements. . The CAFR is divided into three sections: · The Introductory Section. This section contains a list of city officials, organizational chart, and transmittal letter. · The Financial Section. This section includes the auditor's report, general-purpose financial statements and schedules, and the notes to the financial statements. · The Statistical Section. This section consists of historical data over a ten-year period. The City has again received the Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association. This award recognizes outstanding achievement in financial reporting. The City has been the recipient of this award for several years. Please contact me if you have questions priorto Auditor Steve McDonald's presentation at the August 28 City Council meeting. n t.J PRINTED ON RECYCLED PAPER :t:f 7 13 .. . f' Check Approval List for 8/28/00 Council Meeting Check # Vender Name Description Check Date Invoice # Amount 28613 WATERFORD CENTER AUG RENT - #1 8/14/00 $7,345.51 TOTAL FOR WATERFORD CENTER LLP $7,345.51 28614 PERA 8/15/00 PAYROLL 8/17/00 $1,552.78 28614 PERA 8/15/00 PAYROLL 8/17/00 $1,693.31 TOTAL FOR PERA $3,246.09 28615 ICMA RETIREMENT TR 08/15/00 PAYROLL 8/17/00 $923.46 TOTAL FOR ICMA RETIREMENTTRUST-457 $923.46 28616 CITY COUNTY CREDIT PAYROLL DEDUCTIONS-08/15/00 8/17/00 . $350.00 TOTAL FOR CITY COUNTY CREDIT UNION $350.00 28617 BROWNING FERRIS IN 8/17/00 07000-0200 $43.78 TOTAL FOR BROWNING FERRIS IND. $43.78 28618 COORDINATED BUSIN MITA COPIER REPAIRS 8/17100 158511 $479.25 TOTAL FOR COORDINATED BUSINESS SYST $479.25 28619 KLEVE HEATING REF MECH PERMIT-24235 MARY LK 8/17/00 $0.10 28619 KLEVE HEATING REF MECH PERMIT-24235 MARY LK 8/17/00 $20.00 TOTAL FOR KLEVE HEA TlNG $20.10 . 28620 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 8/17/00 $173.51 TOTAL FOR MN CHiLD SUPPORT PMT CTR $/73.51 28621 MN SUN PUBLICATION VACATE EASEMENT - 23075 HWY 7 8/17/00 347991 $64.35 28621 MN SUN PUBLICATION MUN L1Q BAL SHEET 8/17100 348206 $28.60 28621 MN SUN PUBLICATION MUN L1Q BAL SHEET 8/17/00 348206 $28.60 28621 MN'SUN PUBLICATION MUN L1Q BAL SHEET 8/17100 348206 $28.60 28621 MN SUN PUBLICATION ANNUALFNCLSUMMARY 8/17100 348209 $1,144.00 TOTAL FOR MN SUN PUBLICATIONS $1,294.15 28622 PAZANDAK, JOSEPH MILEAGE/SUPPLIES 8/17/00 $6.27 28622 PAZANDAK, JOSEPH MILEAGE/SUPPLIES 8/17100 $95.65 TOTAL FOR PAZANDAK, JOSEPH $101.92 28623 SWANDBY, DONALD OFFICE SUPPLIES 8/17/00 $25.90 28623 SWANDBY, DONALD OFFICE SUPPLIES 8/17/00 $25.90 28623 SWANDBY, DONALD OFFICE SUPPLIES 8/17/00 $25.91 TOTAL FOR SWANDBY,DONALD $77. 71 . 28624 MIDWEST COCA-COLA 8/17/00 073100 STM $337.91 28624 MIDWEST COCA-COLA 8/17/00 073100 STM $428.30 28624 MIDWEST COCA-COLA 8/17100 073100 STM $745.25 TOTAL FOR MlDWESTCOCA-COLA BOTTLIN $1,511.46 28625 DAHLHEIMER DIST INC 8/17100 71072 $240.00 TOTAL FOR DAHLHEIMER DIST INC $240.00 28626 DAY DISTRIBUTING 8/17/00 103173/1039 $19.20 28626 DAY DISTRIBUTING 8/17/00 103173/1039 $870.85 TOTAL FOR DAY DISTRIBUTING $890.05 28627 EAST SIDE BEVERAGE 8/17100 T7535-08010 $13,573.50 TOTAL FOR EAST SIDE BEVERAGE COMPAN $13,573.50 28628 LAKESHORE WEEKLY JOBS ADS-LIQUOR STORES 8/17100 $59.50 28628 LAKESHORE WEEKLY JOBS ADS-LIQUOR STORES 8/17/00 $59.50 28628 LAKE SHORE WEEKLY JOBS ADS-LIQUOR STORES 8/17/00 $59.50 TOTAL FOR LAKESHORE WEEKLY NEWS $178.50 28629 MARK VII 8/17/00 26369-0731 $1,838.95 28629 MARK VII 8/17100 26369-0731 $82.05 Thursday, August 24, 2000 lof7 Check # Vender Name Descriptioll Check Date Illvoice # Amount TOTAL FOR MARK VII $1,921.00 28630 MN MUNICIPAL BEVER SEMINAR 8/17100 $5.00 28630 MN MUNICIPAL BEVER SEMINAR 8/17/00 $5.00 28630 MN MUNICIPAL BEVER SEMINAR 8/17/00 $5.00 TOTAL FOR MN MUNICIPAL BEVERAGE AS. $15.00 28631 NORTH STAR ICE 8/17/00 72250-07310 $975.44 TOTAL FOR NORTH STAR ICE $975.44 28632 QUALITY WINE & SPIRI 8/17/00 864334-00 ($10.66) 28632 QUALITY WINE & SPIRI 8/17100 864346-00 ($5.75) 28632 QUALITY WINE & SPIRI 8/17100 864957-00 ($108.00) 28632 QUALITY WINE & SPIRI 8/17/00 865303-00 $600.94 28632 QUALITY WINE & SPIRI 8/17100 865304-00 $1,068.52 28632 QUALITY WINE & SPIRI 8/17/00 865393-00 $111.82 28632 QUALITY WINE & SPIRI 8/17/00 865393-00 $416.87 TOTAL FOR QUALITY WINE & SPIRITS CO $2,073.74 28633 THORPE DISTRIBUTIN 8/17/00 30080-08010 $16,041.20 28633 THORPE DISTRIBUTIN 8/17/00 30080-08010 $215.40 TOTAL FOR THORPE DISTRIBUTING COMPA $16,256.60 . 28634 WASTE MANAGEMENT AUG SVC - TB L1Q 8/17/00 1593-004415 $42.07 TOTAL FOR WASTE MANAGEMENT $42.07 28635 B & J AUTOMOTIVE TURN BRAKE ROTORS 8/24/00 1303 $18.00 TOTAL FOR B & J AUTOMOTIVE $18.00 28636 BRAUN PUMP & CONT PUMP REPAIRS 8/24/00 3316 $250.50 TOTAL FOR BRAUN PUMP & CONTROLS $250.50 28637 COORDINATED BUSIN MITA COPIER REPAIRS 8/24/00 158783 $47.93 TOTAL FOR COORDINATED BUSINESS SYST $47.93 28638 DEEPHAVEN, CITY OF PUBLIC UTILITY GIS MAPS/NSP 8/24/00 $120.00 TOTAL FOR DEEPHAVEN, CITY OF $120.00 28639 HAWKINS WATER TRE CONTAINER DEMURRAGE 8/24/00 DM 44072 $65.00 TOTAL FOR HAWKINS WATER TREATMENT $65.00 28640 INSTRUMENT CONTRO REPR DAMAGE-LIGHTNING @ MINN 8/24/00 0004785-IN $1,435.18 TOTAL FOR INSTRUMENT CONTROL SYSTEMS INC $1,435.18 . 28641 LEAGUE OF MN CITIES 2000 CLERKS REGISTRAT10N-JEAN 8/24/00 1-00004497 $150.00 TOTAL FOR LEAGUE OF MN CITIES $150.00 28642 LEE PEST CONTROL IN HORNET HIVE - SILVERWOOD PK 8/24/00 $120.00 TOTAL FOR LEE PEST CONTROL INC $120.00 28643 M/A ASSOCIATES INC. GARBAGE BAGS 8/24/00 019024 $357.87 TOTAL FOR MIA ASSOCIATES INC. $357.87 28644 MN SUN PUBLICATION NOTICE OF CANDIDATE FILING 8/24/00 349443 $32.17 TOTAL FOR MNSUN PUBLICATIONS $32.17 28645 NAVARRE TRUE VALU PW PARTS/SUPPLIES 8/24/00 073100 STM $3.18 28645 NAVARRE TRUE VALU PW PARTS/SUPPLIES 8/24/00 073100 STM $55.36 28645 NAVARRE TRUE VALU PW PARTS/SUPPLIES 8/24/00 073100 STM $170.31 TOTAL FOR NA VARRE TRUE VALUE $228.85 28646 NORTHERN STATES P 8/24/00 $13.93 28646 NORTHERN STATES P 8/24/00 $2,395.25 28646 NORTHERN STATES P 8/24/00 $724.50 28646 NORTHERN STATES P 8/24/00 $35.77 TOTAL FOR NORTHERN STATES POWER $3,169.45 28647 OWL ENGINEERING & METRICOM-INTERMOD STUDY/CON 8/24/00 1250 $1,025.00 Thursday, August 24. 2000 Page 20f7 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR OWL ENGINEERING & EMC TEST LAB $1,025.00 28648 POMMER COMPANY, I BOBRASCOP PLAQUE 8/24/00 47609 $87.79 TOTAL FOR POMMER COMPANY, INC $87.79 .28649 ROLEK, ALAN SEC 125 REIMBURSEMENT 8/24/00 $250.02 TOTAL FOR ROLEK,ALAN $250.01 28650 STEINER & KOPPELMA ESCROW REF-28028/28036 WOODS 8/24/00 $11,195.00 TOTAL FOR STEINER & KOPPELMAN $11,195.00 28651 SUN PATRIOT NEWSP CUP 3175 LAKE VIRGINIA DR 8/24/00 073100 STM $26.22 28651 SUN PATRIOT NEWSP CUP 4960 SHADY ISLAND CIR 8/24/00 073100 STM $26.22 28651 SUN PATRIOT NEWSP CUP 5500 OLD MKT RD 8/24/00 073100 STM $26.22 28651 SUN PATRIOT NEWSP CUP ROGER ANDERSON 8/24/00 073100 STM $37.45 28651 SUN PATRIOT NEWSP MUELLER REQ FOR RE-ZONING 8/24/00 073100 STM $26.22 28651 SUN PATRIOT NEWSP SETBACK VAR-6090 RIDGE RD 8/24/00 073100 STM $26.22 28651 SUN PATRIOT NEWSP TWETAN VARIANCE REQUEST 8/24/00 073100 STM $28.09 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $196,64 28652 TOBACCO WAREHOUS CIGARETTES 8/24/00 $715.12 28652 TOBACCO WAREHOUS CIGARETTES 8/24/00 $1,059.45 28652 TOBACCO WAREHOUS CIGARETTES 8/24/00 $238.37 . TOTAL FOR TOBACCO WAREHOUSE $2,011.94 28653 TWIN CITY WATER CLI BACTERIA ANALYSIS FOR JULY 200 8/24/00 6682 $20.00 TOTAL FOR TWIN CITY WATER CLINIC $10.00 28654 AT&T WIRELESS SERV 8/24/00 $11.37 28654 AT&T WIRELESS SERV 8/24/00 $28.78 28654 A T& T WIRELESS SERV 8/24/00 $94.46 TOTAL FOR AT&T WIRELESS SERVICES $134.61 .. 28655 WIDMER, INC. 5480 HOWARDS PT -SEWER CLEAN 8/24/00 3521 $2,110.00 TOTAL FOR WIDMER,INC $2,110.00 28656 WSB AND ASSOCIATE WATER PROJECT 8/24/00 01074-000-1 $646.50 TOTAL FOR WSBANDASSOCIATES $646.50 28657 ELKE, CATHERINE SEC 125 REIMBURSEMENT 8/24/00 $38.43 TOTAL FOR ELKE. CA THERINE $38.43 28658 PHILLIPS WINE & SPIRI 8/24/00 3220654 ($14.44) 28658 PHILLIPS WINE & SPIRI 8/24/00 631235 $27.50 . TOTAL FOR PHILLIPS JJt1NE & SPIRITS $13.06 28659 QUALITY WINE & SPIRI 8/24/00 866108-00 ($40.40) 28659 QUALITY WINE & SPIRI 8/24/00 866249-00 ($10.20) 28659 QUALITY WINE & SPIRI 8/24/00 866250-00 ($18.72) 28659 QUALITY WINE & SPIRI 8/24/00 868174-00 $1,228.48 28659 QUALITY WINE & SPIRI 8/24/00 868174-00 $217.55 28659 QUALITY WINE & SPIRI 8/24/00 868175-00 $1,165.28 28659 QUALITY WINE & SPIRI 8/24/00 868228-00 $316.75 28659 QUALITY WINE & SPIRI 8/24/00 868228-00 $2,873.26 28659 QUALITY WINE & SPIRI 8/24/00 868431-00 $1.92 TOTAL FOR QUALITY WINE & SPIRITS CO $5,733,91 28660 PAETZEL, THERESE L. ELECTION TRAINING 8/24/00 $15.00 TOTAL FOR PAETZEL, THERESE L $15.00 28661 MEDICA SEPT HEALTH INS 8/29/00 10024510220 $300.70 28661 MEDICA SEPT HEALTH INS 8/29/00 10024510220 $300.71 28661 MEDICA SEPT HEALTH INS 8/29/00 10024510220 $300.71 28661 MEDICA SEPT HEALTH INS 8/29/00 10024510220 $3,519.59 28661 MEDICA SEPT HEALTH INS 8/29/00 10024512259 $1,183.94 Thursday, AI/gust 24, 2000 Page 3 of7 Check # Vender Name Descriptioll Check Date Illvoice # Amoll"t 28661 MEDICA SEPT HEALTH INS 8/29/00 10024512545 $1,493.87 TOTAL FOR MEDICA $7,099.52 28662 AFSCME COUNCIL 14 SEPT UNION DENTAL INS 8/29/00 $295.44 TOTAL FOR AFSCME COUNCIL /4 $295.44 28663 FORTIS BENEFITS INS SEPT PREMIUMS 8/29/00 $6.00 28663 FORTIS BENEFITS INS SEPT PREMIUMS 8/29/00 $67.50 28663 FORTIS BENEFITS INS SEPT PREMIUMS 8/29/00 $6.00 28663 FORTIS BENEFITS INS SEPT PREMIUMS 8/29/00 $6.00 TOTAL FOR FORTIS BENEFITS INS CO $85.50 28664 CHECKPOINT SECURIT FIRE SYSTEM TEST/ANNUAL ALAR 8/29/00 358784 $275.00 TOTAL FOR CHECKPOINT SECURITY SYS $275.00 28665 BIFFS. INC. 8/29/00 W 1 05803-80 $926.60 TOTAL FOR BIFFS, INC $926.60 28666 DEPT OF LABOR & IND STATE BOILER LICENSING 8/29/00 243279 $10.00 TOTAL FOR DEPTOF LABOR & INDUSTRY $10.00 28667 EVERGREEN LAND SE TH 7&41 8/29/00 00-950 $710.23 28667 EVERGREEN LAND SE CHAN EASEMENT 8/29/00 00-951 $110.00 TOTAL FOR EVERGREEN LAND SERVICE CO $820.23 . 28668 HAWKINS WATER TRE WATER CHEMICALS 8/29100 281687 $2,180.88 TOTAL FOR HAWKINS WATER TREATMENT $2,180.88 28669 JIM HATCH SALES CO. PARTS FOR LUTE RAKE 8/29/00 1515 $254.35 TOTAL FOR JIM HATCH SALES CO. $254.35 28670 MTI DISTRIBUTING CO MOWER BLADES 8/29/00 34724-00 $73.23 TOTAL FOR MTI DISTRIBUTING COMPANY $73.23 -. 28671 MCLEOD USA 8/29/00 5813601 $483.39 28671 MCLEOD USA 8/29/00 5813601 $51.63 28671 MCLEOD USA 8/29/00 5813601 $57.69 28671 MCLEOD USA 8/29/00 5813601 $103.26 28671 MCLEOD USA 8/29/00 5813601 $109.88 28671 MCLEOD USA 8/29/00 5813601 $109.96 28671 MCLEOD USA 8/29/00 5813601 $155.93 TOTAL FOR MCLEOD USA $1,On 74 28672 METRO COUNCIL ENVI SEPT WASTEWATER 8/29/00 0000709121 $23,324.00 . TOTAL FOR METRO COUNCIL ENVIRONMENT $23,324.00 28673 MICRO WAREHOUSE DATA TAPES FOR SERVER 8/29/00 P471012500 $279.80 TOTAL FOR MICRO WAREHOUSE $279.80 28674 MCES, YOUTH PROGR LIFEGUARD SVCS-SUMMER OF 200 8/29/00 $929.25 TOTAL FOR MCES, YOUTH PROGRAMS $929.25 28675 MUNITECH, INC. SEPT SVCS 8/29/00 7516 $3,195.00 28675 MUNITECH, INC. SEPT SVCS 8/29/00 7516 $3,905.00 TOTAL FOR MUNITECH. INC $7,100.00 28676 NORTHERN TOOL & EQ SPECIAL HITCH PARTS 8/29/00 82237003 $35.12 TOTAL FOR NORTHERN TOOL & EQUIP CO $35.12 28677 NORTHERN STATES P 8/29/00 $3.14 28677 NORTHERN STATES P 8/29/00 $10.18 28677 NORTHERN STATES P 8/29/00 $14.95 28677 NORTHERN STATES P 8/29/00 $104.95 28677 NORTHERN STATES P 8/29/00 $191.81 28677 NORTHERN STATES P 8/29/00 $201.06 28677 NORTHERN STATES P 8/29/00 $713.58 Thursday. AlIgust 24. 2000 Page 4 of7 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR NORTHERN STATES POWER $1,239.67 28678 OFFICE MAX SR HOUSING MAPS 8/29/00 60115842001 $84.78 TOTAL FOR OFFICE MAX $84.78 ..28679 ORONO, CITY OF AUG 2000 ANIMAL CONTROL 8/29/00 1136-00 $1,427.75 TOTAL FOR ORONO, CITYOF $1,427.75 28680 PUBLIC SAFETY EQUIP REPR SPEED BUGGY RADAR GUN 8/29/00 7449 $95.00 TOTAL FOR PUBLIC SAFETY EQUIPMENT CO $95.00 28681 J. SCOTT RENNE, MAl MKT VALUE APPR 5620 MANITOU R 8/29/00 $1,400.00 TOTAL FOR J. SCOTT RENNE, MAl $1,400.00 28682 RIDGEVIEW BUSINESS B. BURTON JOB PHYSICAL 8/29/00 $58.00 TOTAL FOR RIDGEVIEW BUSINESS HEALTH $58.00 28683 VIKING LAND TREE CA TREE REMOVAL YELLOWSTONE T 8/29/00 1897 $214.75 28683 VIKING LAND TREE CA TREE REMOVAL-SR CTRlSILVERW 8/29/00 1901 $1,082.50 TOTAL FOR VIKING LAND TREE CARE INC $1,297.25 28684 SO LK MTKA POLICE D SEPT 2000 BUDGET 8/29/00 $43,276.00 TOTAL FOR SO LK MTKA POLICE DEPT $43,276.00 28685 TONKA BAY-CITY OF TB LIQUOR SEPT 2000 RENT 8/29/00 $1,175.00 . TOTAL FOR TONKA BAY-CITYOF $1,175.00 28686 US WEST 8/29/00 $51.94 TOTAL FOR US WEST $51.94 28687 US WEST DEX ADS 8/29/00 00708732600 $52.93 28687 US WEST DEX ADS 8/29/00 00708732600 $105.87 TOTAL FOR US WEST DEX $158.80 28688 VINTAGE ONE WINES, I 8/29/00 4569 $105.50 TOTAL FOR VINTAGE ONE WINES, INC $105.50 28689 US FILTER DISTRIBUTI LEAD SEALS 8/29/00 6619234 $30.73 TOTAL FOR US FILTER DISTRIBUTION GROUP $30.73 28690 BELLBOY CORPORA TI 8/29/00 19462200 $990.36 28690 BELLBOY CORPORATJ 8/29/00 19462300 $224.75 28690 BELLBOY CORPORATI 8/29/00 19462400 $168.25 TOTAL FOR BELL.BOY CORPORA TION $1,383.36 28691 BELLBOY BAR SUPPLY 8/29/00 2835700 $224.61 . 28691 BELLBOY BAR SUPPLY 8/29/00 32293000 ($61.09) 28691 BELLBOY BAR SUPPLY 8/29/00 32306000 $27.11 28691 BELLBOY BAR SUPPLY 8/29100 32306000 $53.11 28691 BELLBOY BAR SUPPLY 8/29/00 32306100 $46.15 28691 BELLBOY BAR SUPPLY 8/29/00 32306100 $93.07 28691 BELLBOY BAR SUPPLY 8/29/00 32332600 $18.36 28691 BELLBOY BAR SUPPLY 8/29/00 32363100 $42.70 28691 BELLBOY BAR SUPPLY 8/29/00 32363200 $26.67 28691 BELLBOY BAR SUPPLY 8/29/00 32363200 $57.16 28691 BELLBOY BAR SUPPLY 8/29/00 32363300 $14.99 28691 BELLBOY BAR SUPPLY 8/29/00 32363300 $114.20 TOTAL FOR BELLBOY BAR SUPPLY $657.04 28692 DAY DISTRIBUTING 8/29100 1150-081500 $1,422.10 28692 DAY DISTRIBUTING 8/29/00 1152-081500 $2,216.90 28692 DAY DISTRIBUTING 8/29/00 131>081500 $1,418.20 28692 DAY DISTRIBUTING 8/29100 1315-081500 $19.20 TOTAL FOR DA Y DISTRIBUTING $5,076.40 28693 GRAPE BEGINNINGS, I 8/29/00 32888 $67.00 Thursday, August 24, 2000 Page 5 of7 Check # Vel/der Name Description Check Date Invoice # Amount TOTAL FOR GRAPE BEGINNINGS, INC $67.00 28694 GRIGGS, COOPER & C 8/29/00 250614 $622.26 28694 GRIGGS, COOPER & C 8/29/00 250615 $1,836.86 28694 GRIGGS, COOPER & C 8/29/00 250619 $145.54 . GRIGGS, COOPER & C $81.80 28694 8/29/00 250620 28694 GRIGGS, COOPER & C 8/29/00 250620 $1,185.45 28694 GRIGGS, COOPER & C 8129/00 250620 $26.99 28694 GRIGGS, COOPER & C 8/29/00 250629 $290.60 28694 GRIGGS, COOPER & C 8/29/00 250630 $63.15 28694 GRIGGS, COOPER & C 8/29/00 250630 $1,070.68 28694 GRIGGS, COOPER & C 8/29/00 253592 $36:98 28694 GRIGGS, COOPER & C 8/29/00 253593 $53.28 28694 GRIGGS, COOPER & C 8/29/00 253594 $389.02 28694 GRIGGS, COOPER & C 8/29/00 253597 $35.10 28694 GRIGGS, COOPER & C 8/29/00 253598 $614.70 28694 GRIGGS, COOPER & C 8/29/00 253614 $9.67 28694 GRIGGS, COOPER & C 8/29/00 253615 $22.34 28694 GRIGGS, COOPER & C 8/29/00 253615 $655.25 28694 GRIGGS, COOPER & C 8/29/00 542571 ($452.88) . TOTAL FOR GRIGGS, COOPER & COMPANY $6,686.79 28695 HONEYWELL PROTECT SEMI-ANNUAL ALARM MONITORING 8/29/00 775PS568 $172.53 TOTAL FOR HONEYWELL PROTECTION SERV $172.53 28696 JOHNSON BROS L1QU 8/29/00 1144987 $210.09 28696 JOHNSON BROS L1QU 8/29/00 1144987 $363.50 28696 JOHNSON BROS L1QU 8/29/00 1144988 $388.21 28696 JOHNSON BROS L1QU 8/29/00 1144988 $843.90 28696 JOHNSON BROS L1QU 8/29/00 1144989 $151.75 28696 JOHNSON BROS L1QU 8/29/00 1144989 $557.09 28696 JOHNSON BROS L1QU 8/29100 1147641 $84.55 28696 JOHNSON BROS L1QU 8/29/00 1147641 $182.05 28696 JOHNSON BROS L1QU 8/29/00 1147642 $25.00 28696 JOHNSON BROS L1QU 8/29/00 1147643 $57.90 28696 JOHNSON BROS L1QU 8/29/00 1147643 $1,284.14 28696 JOHNSON BROS L1QU 8/29/00 1147644 $25.00 28696 JOHNSON BROS L1QU 8/29/00 1147645 $26.65 . 28696 JOHNSON BROS L1QU 8/29/00 1147645 $474.35 28696 JOHNSON BROS L1QU 8/29/00 1147646 $25.00 28696 JOHNSON BROS L1QU 8/29/00 130136 ($6.89) 28696 JOHNSON BROS L1QU 8/29/00 130137 ($8.43 ) TOTAL FOR JOHNSON BROS LIQUOR CO. $4,683.86 28697 LAKE REGION VENDIN 8/29/00 8516 $228.56 28697 LAKE REGION VENDIN 8/29/00 8517 $257.13 28697 LAKE REGION VENDIN 8/29/00 8518 $285.70 28697 LAKE REGION VENDIN 8/29/00 8535 $233.60 28697 LAKE REGION VENDIN 8/29/00 8536 $268.11 28697 LAKE REGION VENDIN 8/29/00 8537 $554.80 TOTAL FOR LAKE REGION VENDING $1,827.90 28698 MARK VII 8/29/00 21873-08150 $35.80 28698 MARK VII 8/29/00 21873-08150 $3,047.70 28698 MARK VII 8/29/00 26369-08150 $10.90 28698 MARK VII 8/29/00 26369-08150 $1,676.60 28698 MARK VII 8/29/00 49163-08150 $1,421.30 TOTAL FOR l1-fARK VII $6,192.30 28699 MARLIN'S TRUCKING 8/29/00 7960/7995 $31.05 TlIursday, August 24, 1000 Page 60f7 Check # Ve1lder Name Description Check Date Invoice # Amou1lt 28699 MARLIN'S TRUCKING 8/29/00 796017995 $31.05 28699 MARLIN'S TRUCKING 8/29/00 796117996 $62.10 28699 MARLIN'S TRUCKING 8/29/00 7961/7996 $62.10 28699 MARLIN'S TRUCKING 8/29/00 796217997 $31.50 -28699 MARLIN'S TRUCKING 8/29/00 796217997 $31.50 TOTAL FOR MARLIN'S TRlfCKING $149.30 28700 PHILLIPS WINE & SPIRI 8/29/00 3221108 ($1.76) 28700 PHILLIPS WINE & SPIRI 8/29/00 632253 $88.66 28700 PHILLIPS WINE & SPIRI 8/29/00 632459 $17 .40 28700 PHILLIPS WINE & SPIRI 8/29/00 632459 $108.55 28700 PHILLIPS WINE & SPIRI 8/29/00 632460 $169.40 28700 PHILLIPS WINE & SPIRI 8/29/00 632460 $209.50 28700 PHILLIPS WINE & SPIRI 8/29/00 632461 $191.15 28700 PHILLIPS WINE & SPIRI 8/29/00 634659 $29.50 28700 PHILLIPS WINE & SPIRI 8/29/00 634659 $82.57 28700 PHILLIPS WINE & SPIRI 8/29/00 634659 $1,100.00 28700 PHILLIPS WINE & SPIRI 8/29/00 634660 $2,614.95 28700 PHILLIPS WINE & SPIRI 8/29/00 634660 $93.50 28700 PHILLIPS WINE & SPIRI 8/29/00 634660 $162.15 28700 PHILLIPS WINE & SPIRI 8129/00 634661 $649.35 . 28700 PHILLIPS WINE & SPIRI 8/29/00 634661 $88.50 28700 PHILLIPS WINE &. SPIRI 8/29/00 634661 $456.22 TOTAL FOR PHILLIPS WINE & SPIRITS $6,059.64 28701 TOWLE REAL ESTATE L1Q #2 SEPT 2000 RENT 8/29/00 $4,891.44 TOTAL FOR TOWLE REAL ESTATE COMPANY $4,891.44 28702 WINE COMPANY (THE) 8/29/00 043939 $206.70 28702 WINE COMPANY (THE) 8/29/00 43936 $105.00 28702 WINE COMPANY (THE) 8/29/00 43940 $115.00 TOTAL FOR WINE COMPANY (THE) $416.70 28703 WINE MERCHANTS 8/29/00 32309 $99.00 TOTAL FOR WINE MERCHANTS $99.00 TOTAL CHECKS $214,841.04 . Thursday, August 2./, 2000 Page 7of7 Payroll Register Check # Last Name First Name MI Check Amt Check Date 215790 BROWN LAWRENCE A 1,734.86 8/15/00 215791 BUHL SUSAN E 131.90 8/15/00 215792 BURTON BONNIE M 1,316.15 8/15/00 215793 CARIGNAN DEANN M 57.26 8/15/00 215794 CARLSON ERIK M 586.81 8/15/00 215795 DA VIS CHARLES S 985.86 8/15/00 215796 DUFFY DAVID C 171.55 8/15/00 215797 EHRKE DANIEL D 162.37 8/15/00 215798 EISCHENS JAMES E 401.24 8/15/00 215799 ELKE CATHERINE M 724.34 8/15/00 215800 FASCHING PATRICIA L 685.51 8/15/00 215801 FLEMMING JAMES D 124.47 8/15/00 215802 GARFUNKEL JOHN J 184.70 8/15/00 . 215803 GROUT TWILA R 830.96 8/15/00 215804 GUSTAFSON DAVID W 126.14 8/15/00 215805 HELLING PAMELA J 711.63 8/15/00 215806 HIRSCH DANA M 171.77 8/15/00 215807 JOHNSON DENNIS D 1,016.07 8/15/00 215808 KALLEST AD STEPHEN N 854.38 8/15/00 215809 KARELS PAUL C 185.72 8/15/00 215810 KARELS STEVE 121.67 8/15/00 215811 LATTERNER SUSAN M 422.87 8/15/00 215812 LEDWITH JAMES R 71.57 8/15/00 215813 LIZEE CHRISTINE G 184.70 8/15/00 215814 LOVE CLIFFORD W 220.07 8/15/00 215815 LUGOWSKI JOSEPH P 986.33 8/15/00 215816 MARRON RUSSELL R 22.21 8/] 5/00 . 215817 MASON BRADLEY J 1,024.22 8/15/00 2158]8 NICCUM LAWRENCE A 1,236.57 8/15/00 215819 NIELSEN BRADLEY J 959.05 8/15/00 215820 PANCHYSHY JEAN M 1,105.14 8/15/00 215821 PAZANDAK JOSEPH E 1,292.19 8/15/00 215822 POUNDER CHRISTOPHER J 1,036.79 8/15/00 215823 RANDALL DANIEL J 1,012.29 8/15/00 215824 SCHMID CHRISTOPHER E 496.61 8/15/00 215825 SCHNEEWIN JACQUELYN K 871.29 8/15/00 215826 STALBERGE PATRICIA A 203.85 8/15/00 215827 STOVER KRISTI ]84.70 8/15/00 215828 SW ANDBY DONALD R 1.108.19 8/15/00 215829 WHITE BRYAN 402.90 8/15/00 215830 ZERBY MICHAEL S 184.70 8/15/00 Thursday, August 24, 2000 Page I of2