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062899 CC Reg AgP ". ~ ,. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, JUNE 28, 1999 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda Mayor Love_ Stover _ Garfunkel_ Lizee _ Zerby _ C. Presentation to Dennis Johnson for 25 Years of Service 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes June 14, 1999 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes June 14, 1999 (Att.-#2B Minutes) C. City Council Work Session Meeting Minutes June 14, 1999 (Att.-#2C Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion Authorizing Extension of Contract and Increase in Fees for Assessing Services From Hennepin County (Att.-#3A Letter From County) B. A Motion to Adopt a Resolution Authorizing the City to Become a Member of the LOOIS Group (Att.-#3C Proposed Resolution, Joint and Cooperative Agreement and Commitment Letter) ....,j ~"L> C. A Motion to Adopt a Resolution Accepting Public Improvements and Authorizing Final Payment for City Project 95-17, Strawberry Lane Improvement Project (Att.- 3C Engineer's Memorandum) NOTE: Give the public an opportunity to request an ittm be removedfrom the Consent Agenda. . Comments can be taken or questions asked followiR.g remoWllfrom Consent Agenda. 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative A. Report on June 22, 1999 Park Commission Meeting -- .. '.. CITY COUNCIL AGENDA. JUNE 28, 1999 PAGE 2 OF2 B. A Motion to Adopt a Resolution Declaring a Community Blitz for Support of Park and Recreation Projects (Att.-#5B Engineer's Memorandum & Proposed Resolution) 6. PLANNING - Report by Representative A. A Motion to Adopt a Resolution Approving a Final Plat and Final Plan - Shorewood Ponds (Att.-#6A Planner's Memorandum & Proposed Resolution) B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit and Setback Variance for Accessory Structure Over 1,200 Square Feet (Att.-#6B Planner's Memorandum) Applicant: Ron Lind Location: 26400 Strawberry Court 7. CONSIDERATIONS OF A MOTION TO ADOPT A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR WATERMAIN EXTENSION. EDGEWOOD ROAD (Att.-#7 Proposed Resolution) 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BOULDER BRIDGE/BADGER FIELD WATERMAIN PROJECT #95-16 AND AUTHORIZE FINAL PAYMENT (Att.-#8 Proposed Resolution) 9. CONSIDERATION OF A REQUEST FROM MULLIGANS LANDSCAPING REGARDING TREE PRESERVATION PLAN (Att.-#9 Planner's Memorandum) 10. CONSIDER A MOTION REGARDING APPEAL OF NOTICE TO REMOVE (Att.-#lO Planner's Memorandum) Appellant: John Pastuck Location: 20345 Excelsior Blvd. 11. CONSIDERATION OF A MOTION APPROVING AMENDMENT TO PERSONNEL POLICY REGARDING DONATION OF SICK LEAVE (Att.-#l1 Administrator's Memorandum) 12. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Methods of Handling Dogs with Bite History B. Staff Report on Request for Cat Ordinance (Att.-#12 B Letter From Resident) 13. MAYOR & CITY COUNCIL REPORTS A. Establish Work Session Meeting Date to Discuss Water Policy B. Discussion on Council Photo Display and Art Work for Chambers 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#14) },' << '. ~i 'I i ~ ~ \ ~ .. , , t to i ..- Executive Summary Shorewood City Council Regular Meeting Monday, June 28, 1999 Agenda Item #3A: This motion authorizes the extension of the contract for assessing services with Hennepin County in the amount of $68,900. It is a $3,900 increase from the current year. Agenda Item #3B: This is a housekeeping matter which the City Council must act on. The City participates in the LOGIS Health Care Group to provide health and life insurance benefits for its employees. In order to participate in this group the City must at least be an associate member of LOGIS. Although we have participated in the group for many years, we have never formally become a member. LOGIS is now requiring the City to become a member. There is no cost to the City to participate at this time. A copy of the Joint and Cooperative Agreement, which has been reviewed by the City Attorney, and the Commitment Letter are included in the agenda packet for your review. The City Council must adopt a resolution approving participation in this group and authorizing the Mayor and City Administrator to execut~ the agreement. A draft resolution is included for your consideration. Agenda Item #3C: This item is to be removed from the agenda and will appear on the next City Council Meeting agenda Agenda Item #5B: This resolution is the result of the Council meeting with the Park Commission on June 22. It gives full support for park and trail projects and directs staff to begin preliminary work on the projects. The projects include preparing to meet with area residents about the preliminary design for trails from Silverwood Park to Vine Hill Road and along a portion of Vine Hill and on Smithtown Road from Victoria border to the regional trail. Agenda Item #6A: A draft development agreement has been prepared for the Shorewood Ponds senior housing project. Although there are a few technical blanks to fill in, the substance of the agreement is in order. At the meeting on Monday night staff will present a number technical conditions that should accompany any approval of the final plat and development agreement. Approval requires a four-fifths vote by the City Council. Agenda Item #6B: Mr. Ron Lind has requested a conditional use permit for an accessory building which exceeds the 1200 square feet allowed by the Zoning Code. The request complies with all requirements of the Code except that he has requested a variance to locate it closer to the rear lot line than 50 feet. Due to unique physical characteristics of the lot (i.e. an extraordinarily wide drainage and utility easement) the Planning Director has recommended in favor of the c.u.P. and the variance. The Planning Commission agreed on a 5-2 vote. Approval by the Council requires a four-fifths vote. Agenda Item #1: This Resolution declares the received petition adequate and calls for preparation of plans, specifications and engineer's estimate for the installation of watermain for 3 residents adjacent Edgewood Road. Due to the small length of watermain involved, the feasibility report process is being omitted for this instance and plans are being ordered to save time and expense. . ". Executive Summary - City Council Meeting of June 28, 1999 Page 2 of2 ----' Agenda Item #8: This resolution is a book keeping item that closes out the Boulder Bridge - Badger Field Watermain Project, and authorizes final payment to Ryan Contracting in the amount of the court settlement agreement. Agenda Item #9: Mulligan's Tree Moving and Landscaping Company has requested that the tree preservation plan be modified to allow them to plant additional trees rather than replace certain undersized replacement trees that were planted last summer. The Council has previously suggested that this may be a reasonable trade-off If you have any questions relative to this item, please call the City Planner on Monday, prior to the meeting. Agenda Item #10: John Pastuck asked for additional time to clean up his property at 20345 Excelsior Boulevard. The time he originally asked for has expired and staff recommends that he be given five additional days to correct the violations, after which the City will perform the work and bill the owner for the City's expenses. Agenda Item #11: This motion would authorize a change in City policy to allow employees to donate sick leave to a fellow employee. . . < ". ... CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, JUNE 14, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING DRAFf . Mayor Love called the Special Meeting to order at 6:00 p.m. A. Roll Call Present: Mayor Love; and Councilmembers Stover, Garfunkel, Lizee and Zerby B. Review Agenda There were no changes to the agenda as presented. 2. INTERVIEWS FOR PARK COMMISSION POSITION The City Council conducted interviews with the following: 6:00 p.m. 6:15 p.m. 6:30 p.m. Bridget Donahue, 5485 Grant Lorenz Road Paul Berndt, 25855 Smithtown Road Julie Scheurer 3. ADJOURN There being no further business, the Council adjourned at 6:55 p.m. to the regular meeting of the City Council. ATTEST: WOODY LOVE, MAYOR THERESA L. NAAB, DEPUTY CLERK ~,)A . . ... CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, JUNE 14, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. DRAFT CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel. Stover, Lizee and Zerby; City Engineer Brown, Finance Director Rolek, and City Attorney Keane. B. Review Agenda Garfunkel moved, Stover seconded to accept the agenda as amended: Add Item 14A - Appoint an Acting City Administrator. Motion passed 5/0. C. Acknowledgment of Boy Scout Participation in Spring Clean-up Mayor Love expressed appreciation for the members of Boy Scout Troop 424 for their participation with Spring Clean-up. Engineer Brown also commended the excellent job done by the participants. Boy Scouts in attendance were: Brad Clark, Peter Luesse, Cory Ness, and Adam Taylor. D. Introduction of Amy Klobuchar, Hennepin County Attorney Mayor Love introduced Amy Klobuchar of the Hennepin County Attorney's Office. Ms. Klobuchar introduced Mr. John Marche, the liaison to the Shorewood Police Department. Ms. Klobuchar also summarized the system of the Hennepin County Attorney's Office and priorities set for prosecuting crimes in Hennepin County. Mayor Love stated he is very impressed with the communication from the Hennepin County Attorney's Office to the City of Shorewood and expressed appreciation for this communication. -:;F.~8 .....- CITY COUNCIL REGULAR MEETING MINUTES JUNE 14, 1999 - PAGE 2 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - May 24, 1999 Lizee moved, Stover seconded to approve the City Council Regular Meeting Minutes of May 24, 1999 as amended: Page 1, Item 2A: "...Motion passed 4/1 (Zerby opposed). Page 8, Item #11: Correct spelling: "Swandby". Page 9, Paragraph 5: Strike second sentence beginning with "Also, the DNR grant..." Replace with the following: "The DNR Grant was not selected to be funded. Only one third of applications were granted by the DNR, most of these were for larger parcels." Motion passed 5/0. B. City Council Work Session Minutes - May 24, 1999 Garfunkel moved, Stover seconded to approve the City Council Work Session Minutes of May 24, 1999 as amended: Page 3: Strike last sentence, beginning with "Councilmember Stover added..." Motion passed 5/0. C. City Council Executive Session Minutes - May 24, 1999 . Zerby moved, Garfunkel seconded to approve the City Council Executive Session Minutes of May 24, 1999 as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Stover seconded approving the Motions contained on the Consent Agenda as presented, and Adopting the Resolutions therein: A. A Motion to Approve an Agreement with Lake Restoration, Inc. For 1999 Inspection Program of Christmas Lake B. A Motion Adopting RESOLUTION NO. 99-037. "A Resolution Approving a Conditional Use Permit and Variance for a Substandard Lot in the Shoreland District." . Applicant: Location: Scott Olson 21235 Radisson Road C. A Motion Adopting RESOLUTION NO. 99-038. "A Resolution Requesting a Variance From State Aid Office for Lake Linden Drive." Motion passed 5/0. 4. MATTERS FROM THE FLOOR. There were none at this time. . . ",t;.. CITY COUNCIL REGULAR MEETING MINUTES JUNE 14, 1999 - PAGE 3 5. PARKS - Report by Representative A. Report on Park Commission Park Tours and Meeting Held May 25, 1999 B. Report on a Recommendation to Close Roadway Through Freeman Park C. Report on Park Commission Park Tours and Meeting Held June 8, 1999 Commissioner Arnst reported on the above meetings as reported in the respective minutes. 6. PLANNING - Report by Representative Commissioner Skramstad reported on the Planning Commission meeting of June I, 1999 as reported in the minutes. 7. LAND CONSERV ATIONIENVIRONMENT COMMITTEE A. Presentation of Plaques to Former Mayor & Councilmembers Mayor Love expressed appreciation and presented plaques to Former Mayor Tom Dahlberg and Former Councilmember Jerry O'Neill, thanking them for their help in the establishment of a Land Conservation/Environment Committee. Mayor Love also expressed appreciation to Former Councilmember Roger Champa, who was unable. to attend. B. Consideration of a Motion to Adopt an Ordinance Establishing a Land Conservation 1 Environment Committee and a Resolution Establishing Policies Engineer Brown stated that he had received notes from some residents interested in what the specific goals will be of the Land Conservation 1 Environment Committee. Councilmember Zerby stated that along the same lines, some residents have expressed concern that this Committee will end up being very strong anti-development. Mayor Love suggested keeping these concerns in mind and using them to base the yearly review of the Committee on. Mayor Love also assured those present that the Committee will not have any permitting authority, which is indicated by its being a Committee rather than a Commission. Councilmember Stover questioned the language in Subd. 7 of the Ordinance, asking. what the difference is between "voting members" and regular members. Also, in Subd. 10 there is a reference to "appointed members." Councilmember Stover was under the impression that all members would be appointed, and would be voting members. Mayor Love answered that "voting members" and "appointed members" are simply terms. Councilmember Stover is correct in assuming all members will be appointed, and will be voting members. It was agreed to change Subd. 10 as follows: "Quorum: A majority of the appoiRted Committee members shall constitute a quorum." Councilmember Stover pointed out more changes, as follows, which were agreed to by consensus: ":"4 CITY COUNCIL REGULAR MEETING MINUTES JUNE 14, 1999 - PAGE 4 Resolution, Item 3D: "Recommending revisions to goals and objectives to achieve open space preservation." Resolution, Item 2: "...prioritizing parcels to be preserved. The process needs..." Councilmember Stover also expressed concern regarding the first point of the Resolution, in stating that a goal is to "Carry out a process..." Stover felt that this wording is too vague. Mayor Love and Councilmember Garfunkel both stated they believe that process needs to be vague at this time, as it is one of the goals of the Committee to develop this process. Councilmember Garfunkel questioned which document was the binding document, as there are some inconsistencies between the Ordinance and the Resolution. Attorney Keane answt?red that the Ordinance has the force of law. The Resolution is more of a proclamation. . . Garfunkel moved, Zerby seconded a motion to adopt ORDINANCE NO. 352. "An Ordinance Establishing a Land Conservation Environment Committee," as amended. Motion passed 5/0. Lizee moved, Garfunkel seconded a motion to adopt RESOLUTION NO. 99-039, "A Resolution Approving Publication of Ordinance no. 352 by Title and Summary." Motion passed 5/0. Lizee moved, Garfunkel seconded a motion to adopt RESOLUTION NO. 99-040. "A Resolution Establishing Policies for a Land Conservation / Environment Committee," as amended. Motion passed 5/0. 8. EXCELSIOR FIRE DEPARTMENT REVIEW COMMITTEE REPORT A. Report on Fire Department Review Committee Meetings Held May 25, 1999 and June 8, 1999 . Mayor Love reported on the Fire Department Review Committee meetings held on May 25, 1999 and June 8, 1999. An additional 6 months is needed for the Fire Department Review Committee to complete the established goals. The age of the equipment and buildings, as well as the number of volunteer fire fighters has to be addressed, and the number of false alarms, are some of the issues that have had some discussion, but no resolution as yet. Mayor Love reported that approximately 25% of fire calls are false alarms, and the possibility of instituting a fee for these false alarms, when certain addresses are repeat offenders, is one of the issues that needs to be put before the City Councils involved. Councilmember Stover stated that in the past, two false alarms were allowed before a fine, and asked for clarification of why the fine will be instituted on the second false alarm with the new policy. v' CITY COUNCIL REGULAR MEETING MINUTES JUNE 14, 1999 - PAGE 5 MayorLove cited the number of false alarms, stating that some addresses have been known to have as many as seven or more in a week. Also, the Fire Department does have the ability to determine if these alarms are truly accidental, or have extenuating circumstances and are not likely to be a pattern. In these cases, the fee may be waived if they see fit. B. Consideration of a Motion Accepting the Final Report of the Excelsior Fire Department Review Committee Stover moved, Garfunkel seconded a motion accepting the Final Report of the Excelsior Fire Department Review Committee. Motion passed 5/0. C. Consideration of a Motion to Adopt a Resolution Extending the Term of the Excelsior Fire Department Review Committee Councilmember Zerby questioned if there would be any additional consulting charges for extending the Committee. . Mayor Love responded that there likely would be, as there are still many questions about the building that may need consultants, and other issues may also need to be addressed. Some of the expenses may be covered by the Fire Department budget but other expenses would be brought to the cities. Garfunkel moved, Lizee seconded a motion to adopt RESOLUTION NO. 99-041. "A Resolution Extending the Term of the Excelsior Fire Department Review Committee." Motion passed 5/0. D. Consideration of a Motion to Adopt an Ordinance and Summary Ordinance Amending Alarm Policy and Fees Related . Stover moved, Garfunkel seconded a motion to adopt ORDINANCE NO. 354 and RESOLUTION NO. 353. "An Ordinance Amending Alarm Policy and Fees Related and a Resolution Approving Publication of Ordinance No. 353 by Title and Summary." Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO ENTER INTO A LEASE AGREEMENT WITH THE WATERFORD HOMEOWNER'S ASSOCIATION Attorney Keane explained the changes to the lease agreement, stating that the substance of the lease has not significantly changed. Mr. Jim Burdell, President of the Waterford Homeowner's Association, pointed out that the document received from Planning Director Nielsen was different than the document received in the mail at a later date, and asked for clarification of the discrepancy. Attorney Keane answered that the sentence in question was taken out at the request of Planning Director Nielsen. ,.< CITY COUNCIL REGULAR MEETING MINUTES JUNE 14, 1999 - PAGE 6 Mr. Burdell then stated, that being the case, he had no objections to the change. Stover moved, Garfunkel seconded a motion to authorize the Mayor and City Clerk to enter into a Lease Agreement with the Waterford Homeowner's Association. Motion passed 5/0. 10. CONSIDERATION OF A MOTION APPROVING A SIGN PERMIT FOR THE W A TERFORD HOMEOWNER'S ASSOCIATION Garfunkel moved, Zerby seconded a motion approving a Sign Permit for the Waterford Homeowner's Association. Motion passed 5/0. 11. CONSIDERATION OF A MOTION TO ADOPT AN AMENDMENT TO ORDINANCE NO. 350 WHICH ESTABLISHED A MORATORIUM REGARDING THE DEVELOPMENT OF ELDERLY HOUSING PROJECTS Mr. Bob Gagne, 24850 Amlee Road, questioned whether the Shorewood Ponds development is . affected by this motion. Attorney Keane stated that Shorewood Ponds is not affected by this motion. Mr. Gagne asked, if Shorewood Ponds project were to fall apart, could it be redone with this moratorium in place. Mayor Love stated that the moratorium is not indefinite, it will end September 30, 1999. Councilmember Stover stated emphatically that she would like this to be the last extension of this moratorium, and the Planning Commission should perhaps treat this subject as a priority to complete by the September 30, 1999 deadline. Councilmember Garfunkel stated that the Comprehensive Plan has been their priority thus far, and that is one reason more time has been needed on this subject. . Councilmember Lizee stated she will remind the Planning Commission of the priority of this subject at the next meeting. 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN APPOINTMENT TO THE PARK COMMISSION Mayor Love stated three very good candidates were interviewed for the position, and expressed hope that each and every one will continue with their involvement in the City. Stover moved, Lizee seconded a motion to adopt RESOLUTION NO. 99-043. "A Resolution Appointing Paula Berndt to the Park Commission." Motion passed 5/0. 13. ADMINISTRATOR AND STAFF REPORTS CITY COUNCIL REGULAR MEETING MINUTES JUNE 14, 1999 - PAGE 7 A. Engineer's Report on Settlement Agreement with Ryan Contracting, Inc. Engineer Brown reported that the Court settlement hearing was held on June 4, 1999. The settlement seems to be the best compromise possible, and Brown expressed satisfaction in having this settlement done and over with. B. Engineer's Report on Appeal to District Court Regarding Sale of Topographical Mapping Engineer Brown reported that Mr. Ron Johnson had filed a suit and Conciliation Court had ruled in favor of the City of Shorewood. Mr. Johnson has now decided to appeal to District Court. Attorney Keane stated that this is not about dollars, but is about sport to Mr. Johnson; a nuisance litigation. . Councilmember Garfunkel asked if the City could collect legal fees from Mr. Johnson if District Court finds in favor of the City also. Attorney Keane stated that the City can alwa,Ys ask, but this is not a likely outcome. C. Engineer's Report on Spring Cleanup and Recommendation for Next Year Engineer Brown reported on the'Spring Cleanup, specifically the pick up company used this year. BPI was not available to provide the service and the new company, Waste Technology, missed some streets. Also, some residents complained about paying for the service, "scavengers" looking through the curbside piles of debris, and other problems. He commented that curb side pickup may not be the best way to go about Spring Cleanup in the future. . Councilmember Lizee stated that she does not think "scavengers" of the curbside piles are necessarily a problem. Many items are recycled within the neighborhood, and if someone can find a use for something, this recycling is a good thing and there is less garbage that way. Lizee strongly supported the curbside pickup. Mayor Love and Councilmember Stover also expressed support for the curbside pickup, even if there are some problems that need to be worked out. Councilmember Zerby commended Engineer Brown for expediting the Park Commission's recommendations for improvements to parks. 14. MAYOR & CITY COUNCIL REPORTS A. A Motion to Appoint an Acting City Administrator Stover moved, Lizee seconded a motion to appoint Planning Director Brad Nielsen as Acting City Administrator. Motion passed 5/0. B. Report on Housing Meeting Held May 20, 1999 . CITY COUNCIL REGULAR MEETING MINUTES JUNE 14, 1999 - PAGE8 Councilmember Lizee reported on the Housing meeting held on May 20, 1999 where nearly all affected communities were represented. The need is great throughout the communities, and affordable housing in the lake region is an issue many community members showed interest in. Mayor Love pointed out that some of the communities are better equipped to deal with this issue, and agreed that coordinating with the neighboring communities is the best way to go. From the Fire Department point of view, only two of the five communities have volunteers due to the inability to find housing for the average volunteer firefighter. Councilmember Stover asked if the City Council would be meeting with Tom Allen In the foreseeable future. Councilmember Lizee answered that she would discuss a July date with Mr. Allen. 15. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Zerby seconded to adjourn at 8:40 p.m. subject to approval of claims. Motion . passed 5/0. RESPECTFULLY SUBMITTED. Kristine Kitzman, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDA Y, JUNE 14, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. . DRAFT CONVENE CITY COUNCIL WORK SESSION Mayor Love called the meeting to order at 9:50 p.m. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Stover, Lizee and Zerby; City Engineer Brown, and Finance Director Rolek. B. Review Agenda Lizee moved, Stover seconded to accept the agenda as presented. Motion passed 5/0. 2. REVIEW OF MUNICIPAL WATER POLICIES Engineer Brown presented the water policy questions used by staff in order to better understand the water policy. Brown suggested using these questions to discuss policy changes, if any. Mayor Love stated the Work Session would then proceed with these questions sequentially, to avoid lengthy discussion that does not have a definite goal. Engineer Brown pointed out that for each question, an existing policy and a suggested policy are noted. He indicated that a decision on these would give direction for rewriting the water policy. As discussion commenced, it became clear that discussing the qu~stions sequentially may not work after all, as many questions are dependant on the answers to various other questions. Mayor Love then stated that perhaps the questions with the most uncertain answers should be addressed first, in order to stabilize some answers to base other answers on. Mayor Love first addressed the question of charges for water hookup, in conjunction with the scenario of five existing houses, four of which want hookup. Some of the questions that arose during discussion about this scenario were: . Do the four who want the water hookup pay for it? · Does the fifth resident need to consent to the project? . If the fifth resident wants to hookup at a later date, what would he pay? · Where would the funds go from this fifth hookup? $zC, CITY COUNCIL WORK SESSION MINUTES JUNE 14, 1999. PAGE 2 With all these questions linked, no one question can be answered without considering the rest. Mayor Love stated, at this point, he was unsure of the best way to proceed. Additional discussion followed about the scenario, and more questions were brought up as the discussion commenced: . Should the four people have to pay the whole cost, basically ignoring the fifth resident? . Could the consent issue cause neighbor problems the City may end up involved in? . If the funds are to be redistributed when the fifth resident wants to hookup, what if some of the original residents have moved away? . Should interest and inflation be added to the charge that the resident pays who hooks up at a later date? Councilmember Stover stated that a Policy is needed that is consistent regardless of the scenario. A policy would not force anyone, but could possibly be written to put pressure on a citizen that . does not want water. Engineer Brown stated that a water aCcess charge will also need to be a consideration. Some of the charge would be assessed for access, and another portion would be charged only upon connection. Mayor Love indicated one question that needs to be determined fairly soon is whether the City should attempt to accelerate the installation of City water. Councilmember Lizee asked if road reconstruction could be tied in with water line installation. Engineer Brown stated that some attempt was made to tie them together, but some roadways are deteriorating where there are no water infastructure nearby to hookup to. Councilmember Lizee asked about the possibility of laying dry pipe. . Engineer Brown stated that the short answer is, it does not work. Mayor Love pointed out areas that have dry pipe, and asked why it is not put in now, as it was in years past. Engineer Brown explained that while this was a very popular practice years ago, time has proven that the pipe shifts when there is no pressure. Then, when the water pressure is put through the pipe, leaks are imminent. Councilmember Garfunkel stated that item number 3 on this agenda poses two actual scenarios rather than a hypothetical one, and maybe those two scenarios would be further discussed. CITY COUNCIL WORK SESSION MINUTES JUNE 14, 1999. PAGE 3 3. DISCUSSION OF EUREKA ROAD & NOBLE ROAD PROJECTS Engineer Brown stated that according to the surveys from residents returned on Noble Road, road repair is wanted, City water is not wanted. Councilmember Zerby pointed out that eight residents did not respond, which could change the outcome when they do respond. Councilmember Stover stated that no response would likely indicate low interest. Engineer Brown stated that as far as Eureka Road, surveys there show that most residents are not interested in having City water either. Councilmember Zerby pointed out that cost seems to be the largest component. Well water is much cheaper and very few residents seem to want to switch. . Councilmember Garfunkel stated Eureka Road is also not in need of any reconstruction right now, and waterlines are not desirable there anyway. Mayor Love stated that a TIF district was discussed and is a definite negative. Noble Road also is a definite negative. Eureka Road may constitute more discussion, and more information to the residents. Councilmember Lizee stated that putting waterlines down Eureka Road is also the best way to loop the watermain. The design of the water system and better fire protection needs to be considered so the big picture needs to be looked at. . Mayor Love stated that it seems a mixed message has been received regarding Eureka Road. Residents don't want waterlines down the road, and they also do not want the water running through the baseball field. Engineer Brown added that Eureka Road needs to be treated a bit differently than other projects because of its proximity to Shorewood Ponds. The developer is paying for the watermain through the development, and where this watermain comes from may not matter to the developer. Roadway dollars may be the largest problem if the waterlines go down Eureka Road. Engineer Brown stated the question then would be who pays for the widening and reconstruction of Eureka Road. Councilmember Garfunkel stated that, from the responses received, residents of Eureka Road do not want City water, or a new road. Councilmember Zerby stated their biggest concern seems to be losing trees, whetqer water is put in or not. . . CITY COUNCIL WORK SESSION MINUTES JUNE 14,1999 - PAGE 4 Councilmember Garfunkel asked if the question of refinancing or selling a home had been answered. Last time this subject was discussed, it was brought up that some lending companies might insist on connection to City water before approving a mortgage on some homes. Council member Stover stated she had done some calling, and City water is not a requirement for a mortgage on a State-wide level. However, any lender can make up their own rules. Councilmember Lizee stated that the lending institutions she spoke with answered that in general, lenders go with what is common to the area. CounciImember Stover stated that a City could also make City water hookup a condition of purchase of a home. Mayor Love stated that for Eureka Road, most replies on the citizen survey stated that the road is the big issue. Residents do not want the road widened or changed. CounciImember Zerby asked if there was a need to again meet with Eureka Road residents. . Mayor Love stated he would like to meet with the neighborhood again since residents he met with at the last meeting seemed to want and need more information. Councilmember Zerby suggested that the next neighborhood meeting be a walk, to possibly involve more of the residents. 4. ADJOURN Zerby moved, Garfunkel seconded to Adjourn at 10:30 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary . TimeSaver Off Site Secretarial, Inc. A TTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR Hennepin County An Equal Opportunity Employer June 5, 1999 '~:'l ! ~ ;'(-2! c_ I~ "? '~c r'"' '.....J} 1-,' . The Honorable Woody Love Mayor of the City of Shorewood 5755 Country Club Road Shorewood MN 55331 Dear Mayor Love: Re: Contract Assessment Estimate for the 2000 Assessment To assist you in your budgeting process for 2000, we are providing an estimate for our contractual assessment charge. This estimate of $68,900.00* is based on current unit pricing rates, established by the Hennepin County Board, applied to 25% of your total residential, commercial, industrial, apartment and vacant land parcels which we annually appraise. This same unit rate is also applied to the current number of new construction units which we appraise annually. In addition, a charge is included for administration of statutory programs such as This Old House, limited market value, green ~cres and transit zone. . If you need more detail or have any questions, please feel free to call or write. Very truly yours, ~~ Thomas J. May Hennepin County Assessor TJM:jb Ene. cc: Teri Naab County Assessor Department A-2I03 Hennepin County Government Center Minneapolis, Minnesota 55487-0213 Recycled Paper *First Half Payment of $34,450 Due December 1999 1F3A I." .. CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION APPROVING PARTICIPATION IN THE LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS) HEALTH CARE GROUP (GROUP) WHEREAS, a number of communities of the State of Minnesota identified benefits, including cost, effectiveness and efficiency, that c~uld be obtained by joining together to cooperatively provide for the establishment, operation and maintenance of employee benefit programs to the benefit of the parties and others; and WHEREAS, this consortium has further determined that a necessary adjunct of management information systems is providing information and data pertaining to health care options as part of employee benefits; and . WHEREAS, the members of LOG IS have determined through their Executive Committee that the management of information pertaining to health care options is interwoven with the selection and operation of such plans and that jointly contracting for such plan operation is a necessary and appropriate role for LOGIS; and WHEREAS, the City of Shorewood has determined that it would be to its benefit to participate in LOGIS as an associate member, with the intent of participating in the coordination of employee health care planning service selection; and WHEREAS, the City of Shorewood meets all of the requirements for participation in the LOGIS Group Health and Life Insurance Policies and Procedures ("Policies"), which are incorporated herein by this reference; . NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Shorewood that the Mayor and City Administrator are hereby authorized to execute the LOGIS Joint and Cooperative Agreement, by which the City of Shorewood will join LOGIS as an associate member, and to appoint Alan Rolek and James Hurm to serve as its Director and Alternate Director, respectively, on the LOGIS Board of Directors. FURTHER RESOLVED that it is the intent of the City of Shorewood to participate in the LOGIS Health Care Group, and the City of Shorewood shall abide by the policies and procedures set forth in the Policies, as amended from time to time and incorporated herein by this reference. ADOPTED by the City Council of the City of Shore wood this 28th day of June, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #38 ''''f JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS (Originally dated May 1, 1972) (Amended, effective December 3, 1993) The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, Section 471.59. I. GENERAL PURPOSE . The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for the ~stablishment, operation and maintenance of data processing facilities and management information systems t'or the use and benefit of the parties and others. II. DEFINITION OF TERMS Section 1. For the purpose of this agreement, the terms defined in this article shall have the meanings given them. Section 2. "Local Government Information Systems" means the organization created pursuant to this agreement,' which organization is hereafter referred to as "LOGIS." Section 3. "Board" means the Board of Directors of LOGIS, consisting of one director from each governmental unit which is a member of LOGIS. . Section 4. "Council" means the governing body of the member governmental unit, except that in the case of any department or agency of the state, council shall be deemed to mean the Commissioner of Administration of the state of Minnesota. Section 5. "Member" means a governmental unit which enters into this agreement and is, at the time involved, a party in good standinq. Section 6. "Governmental unitlt means any city, village, borough, town or other political subdivision of the state of Minnesota or any department or agency of the state government. Section 7. "Software" means computer programs I form designs I user manuals and associated documentation. III. MEMBERSHIP Section 1. Any governmental unit is eligible to be a member' of LOGIS. c...",,62837 :'G1.CO-2 1 ~' Section 2. A governmental unit desiring to be a member shall execute a copy of this agreement and shall pay the established membership dues and charges. Section 3. The initial members shall be those members who joined LOGIS on or prior. to June 1, 1972. Section 4. Governmental units joining LOGIS after June 1, 1972, shall be admitted only upon the favorable vote of two-thirds o f the members 0 f the board. The board may impose conditions upon the admission of members other than the initial members. ) IV. BOARD OF DIRECTORS Section 1. The governing body of LOGIS shall be its board. Each member shall be entitled to one director, who shall have one vote. Section 2. Each member shall also be entitled to one . alternate director who shall be entitled to attend' meetings of the board and who may vote in the absence of the member's director. Section 3. Directors and alternate directors shall be appointed by the council of each member. In order for LOGIS to develop data processing and management information systems which will be of maximum value to member governmental units, the members shall appoint, as their directors and alternates, their chief admin.i,strative officers and employees with general management responsibilities. Directors and alternates shall serve without compensation from LOGIS but this shall not prevent a member from providing compensation for its director or alternate director if such compensation is authorized by such unit and by law. Section 4. There shall be no voting by proxy, but all votes . must be cast in person at board meetings by the director or his alternate. Section appointed to qualified. 5. Directors and alternate directors shall be serve until their successors are appointed and Section 6. When the council of a member appoints a director or an alternate director, it shall give notice of such appointment to LOGIS in writing. Such notice shall include the mailing address o f the persons so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving any notices required by this agreement or by the bylaws of LOGIS. Section 7. Any director or alternate director shall be subject to removal by the council of the member appointing him, at any time, with or without cause. c...'"X62837 t~lOO-2 2 . . Section 8. A majority of the votes of the members shall constitute a quorum of the board. Section 9. A vacancy on the board shall be filled by the council of the member whose position on the board is vacant. Sect.ion 10. A director {or his alternate} shall not be eligible to vote on behalf of his governmental, unit during the time that such governmental unit is in default on any contribution to LOGIS or on any contract with it. During the existence of such default, the vote or votes of such governmental unit shall not be counted as eligible votes for the purposes of this agreement. If a governmental unit remains in default for a period of more than 45 days on any billing from LOGIS, the membership of such governmental unit automatically shall be terminated. V. MEETINGS - ELECTION OF OFFICERS Section 1. Any governmental unit desiring' to enter into this agreement may do so by the duly authorized execution of a copy of this agreement by its proper officers. Thereuponr the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the agreement, together with a certified copy of the authorizing resolution or other action, with the city manager of the City of Brooklyn Center. The resolution authorizing the execution of the agreement shall also designate the first director and alternate for the member., The agreement shall become effective when it has been authorized by ten (10) governmental uni ts and when executed copies from such governmental units, together with certified copies of the authorizing resolutions, have been duly filed as set out herein. Within thirty (30) days after the effective date of this agreement, the manager of the City of Brooklyn Center shall call the first meeting of the board, which shall be held not later than fifteen (15) days thereafter. Section 2. At the first meeting of the board and in July of each even numbered year after 1972, the board shall elect from its directors a president, a vice-president and a secretary-treasurer. Section 3. At the organizational meeting, or as soon thereafter as it may reasonably be done, the board shall adopt bylaws governing its procedures including the time, place and frequency of its regular meetings. Such bylaws may be amended from time to time. Regular public meetings of the board, however, shall be held at least quarterly in the months of January, April, July and October. Section 4. Special meetings of the board may be called (a) by the president, (b) by the executive ,committee or (c) by the executive committee upon the written request of a majority of the directors. Five days' written notice of special meetings shall be given to the directors and alternates. Such notice shall include the agenda for the special meeting. 0..7.:62837 tG100-2 3 Section S. The snecific date~ time and location of regular and special meetings 'Of the board shall be determined by the executi ve committee. Regular and special meetings of the board shall be held in. the seven county twin city metropolitan area. Section 6. Notice of regular meetings of the board shall be given to the directors and alternates by the secretary-treasurer of the board at least fifteen (15) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the board need not be limited to matters set forth in the agenda. VI . POWERS AND DUTIES OF THE BOARD Section I. The powers and duties of the board shall include the powers set forth in this article. Section 2. It shall take such action as it deems necessary and appropriate to accomplish the general purposes of the . organization including the establishment of data processing and information systems, engaging in the development and implementation of the necessary programs therefor, acquiring any necessary site, purchasing any necessary supplies, equipment and machinery, employing any necessary personnel and operating and maintaining any systems for the handling of data processing and management information for the members and for others. Any of the foregoing activities, or any other activities authorized by this agreement, may be accomplished by entering into contracts, leases or other agreements with others, whenever the board shall deem this to be advisable. Section 3. The board shall have full control and management of the affairs of LOGIS including the power to make contracts as it deems necessary to make effective any power to be exercised by LOGIS pursuant to this agreement; to provide for the prosecution . and defense or other participation in actions or proceedings at law in which it may have an interest; to employ such persons as it deems necessary to accomplish its duties and powers on a full-time, part-time or consulting basis; to conduct such research and investigation as it deems necessary on any matter related to or affecting the general purposes of the organization; to acquire, hold and dispose of property both real and personal as the board deems necessary; and to contract for space, materials, supplies and personnel either with a member or with a number of members or elsewhere. Section 4. It may establish and collect membership dues. Section S. It may establish and collect charges for its services to members and to others. Section 6. It may accept gifts, apply for and use grants or loans of money or other property from the state, or any other governmental units or organizations and may enter into agreements J:lJ'X62937 LG100-2 4 . . required in connection therewith and may hold, use and dispose of such moneys or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Section 7. It shall cause an annual independent audit of the books to be made and shall make an annual financial accounting and report in writing to the members. Its books and records shall be available for and open to examination by its members at all reasonable times. Section 8. It shall establish the annual budget for the organization as provided in this agreement." Section 9. It may delegate authority to the executive commi ttee of the board, between board meetings. Such delegation of authority shall be by resolution of the board and may be conditioned in such manner as the board may determine. Section 10. It may accumulate and maintain reasonable working capital reserves and may invest and reinvest funds not currently needed for the purposes of the organization. Such investment and reinvestment shall be in accordance with and subject to the laws applicable to the investment of village funds. Section 11. It shall make its data processing and management information systems available to its members, subject to reasonable charges for the development and processing thereof. Section 12. It may pay the reasonable and necessary expenses of officers, directors and alternates incurred in connection with their duties as such, but this shall not include the expenses of attending meetings of LOGIS within the seven county twin city metropolitan area. Section 13. It may provide for any of its employees to be members of the Public Employees Retirement Association and may make any required employer contributions to that organization and any other employer contributions which municipalities are authorized or required by law to make. Section 14. It may purchase public liability insurance and such other bonds or insurance as it may deem necessary. Section 15. It may exercise any other power necessary and incidental to the implementation of its powers and duties. VII. .OFFICERS Section 1. The officers of the board shall consist of a president, a vice-president and a secretary-treasurer who shall be elected at the regular annual meeting of the board held in even numbered years after 1972. New officers shall take office at the adjournment of the annual meeting of the board at which they are elected. 0.."1':62837 !.G100-2 5 Section 2. A vacancy shall immediately occur in the O!!.lce of any officer upon his resignation, death or upon his ceasing to be an employee of his member governmental unit. Upon vacancy occurring in any office, the executive committee shall fill such position until the next meeting of the board. Section 3. The three officers shall all be members of the executive committee. Section 4. The president shall preside at all meetings of the board and the executive committee. The vice-president shall act as president in the absence of the president. Section 5. The secretary-treasurer shall be responsible for keeping a record of all of the proceedings of the board and executive committee, for custody of all funds, for the keeping of all financial records of the orcranization and for such other matters as shall be delegated to him by the board. Any persons may be engaged to perform such services under his supervision and . direction, when authorized by the board. He shall post a fidelity bond or other insurance against loss of organization funds in an amount approved by the board, at the expense of the organization. VIII. EXECUTIVE COMMITTEE Section 1. The board shall have an executive committee consisting of three officers and two other directors, all of whom shall be elected at the annual meetings of the board held in even numbered years after 1972. Vacancies of members on the executive committee may be filled by the board of directors at any regular or special meeting. Section 2. The executive committee may adopt bylaws governing its own procedures, which shall be subject to this agreement, the bylaws of the board, and any resolutions or other directives of the. board. Section 3. A quorum at a meeting of the executive committee is three (3). Section 4. The executive committee shall meet at the call of the president or upon the call of any two other members of the executive committee. The date and place of the meeting shall be fixed by the person or persons calling it. At least forty-eight (48) hours' advance written notice of such meeting shall be ~iven to all members of the executive committee by the person or persons calling the meeting. Such notice, however, may be waived by any or all members who actually attend the meeting or who give written waiver of such notice for a specified meeting. Section 5. The executive committee shall have the following duties: 0..'"1::62837 ~lOO-2 6 (a) It shall exercise the powers and perform the duties delegated to it by the board of directors, subject to such conditions and limitations as may be imposed by the board. (b) It shall cause to be prepared a proposed annual budget each year which shall be submitted to the board of directors at least thirty (30) days before the annual meeting. (c) It shall present a full report of its activities at each regular meeting of the board. Section 6. Subject to the provisions of the approved budget it shall have the authority to appoint, fix the. conditions of employment of, and remove any employees of the organization. . Section 7. It shall have authority to fix charges for the use of the programs and facilities of LOGIS, both as to members and nonmembers consistent with policies and guidelines established by the board. Section 8. All actions taken by the executive committee shall be subject to control by the board of directors as the board shall deem advisable. IX. FINANCIAL MATTERS Section 1. The fiscal year of LOGIS shall be the calendar year. Section 2. The annual budget of LOGIS must be adopted in the following manner: . (a) annually prior to June 1 the Board will supply each member with a proposed preliminary budget; (b) annually prior to the annual meeting of the Board in July the Board will supply each member with a proposed budget adjusted for withdrawal notifications received pursuant to Article XIIi (c) the annual budget must be adopted at the annual meeting of the Board in July. Promptly after adoption of the budget, the Board must mail eopies of the budget to the chief administrative officer of each member. Upon adoption of the budget each member is obligated to LOGIS for the budgeted revenues and cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with this Article. (Amended by Amendment No.1, December 3, 1993.) Section 3. The board shal.-l have authority to fix cost sharing charges for all members in an amount sufficient to provide the funds' required by the budgets of the organization. It shall advise the chief administrative officer of each member, on or before c..'"XS2S31 tG100-2 7 S7pt7mber 1 of each year, of the amounts of such charges falling w~th~n Classes 1 and 2 and the rates of such charges falling within Class 3, as such classes are defined in Section 5 of this article. Section 4. Billings for all charges shall be made by the board and shall be due when rendered. Any member whose charges have not been paid within 45 days after billing shall be in default and shall not be entitled to further voting privileges nor to have its director hold any office nor to use any LOGIS facilities or programs until such time as no longer in default. In the event that such charges have not been paid within 45 days after such billing, such defaulting member shall be deemed to have given, on such 45th day, notice of withdrawal from membership. In the event of a bona fide dispute between the member and the board as to the amount which is due and payable, the member shall nevertheless make such payment in order to preserve its status as a member, but such payment may be made under protest and without prejudice to its right to dispute the amount of the charge and to pursue any legal . remedies available to it. Section 5. The charges of LOGIS shall be divided, for cost sharing purposes, into three classes, to~wit: (a) Class 1 Charges. These charges shall be made to cover the organization's general, administrative and operational expenses not falling wi thin. Classes 2 and 3. Class 1 charges shall be made as fixed monthly, quarterly or annual membership dues. They shall be determined annually by the board of directors. They shall not be retroactively applied to new members. (b) Class 2 Charges. These charges shall be made to cover the costs of design and development of computer programs and systems and other capital costs. The initial members of . LOGIS shall pay such portion of the Class 2 charges as shall be established by the board, provided that the board shall attempt in good faith to pro rate such Class 2 charges among the members in as equitable a manner as Possible, giving consideration, among other things, to anticipated use of the programs, systems and facilities of the organization. Any new members, i.e. any governmental units joining LOGIS after May 31, 1972, shall pay a pro rated share of the accumulated Class 2 charges which have been charged to or incurred by all members, as computed by the board on the same formula as for initial members as the price of membership; and such charges, when paid by such new members, shall be apportioned among the then existing members in cash or credit on unpaid'or future billings in proportion to the Class 2 charges which such existing members have thus far paid or incurred. (c) Class 3 Charges. These charges shall be to cover the costs of system operation and maintenance in serving members (and others) on a "as requested rt bas is . The amount 0 f such charges shall be determined by the board and such amounts 0u"'lt62SJ7 tG100-2 8 shall be computed on the basis of the actual workload utilized by each member. Class 3 charges shall not be retroactive Iv applied to new members. - Section 6. Nothing contained in the foregoing Section 5 shall prevent the board from charging nonmembers for services rendered by LOGIS, on such basis as the board shall deem appropriate. For example, the board shall not be obligated to charge nonmembers, for services, only Class 3 charges. . Section 7. It is anticipated that certain members may be in a position to extend soecial financial assistance to LOGIS in the form of grants. The board may credit any such grants against any charges which the granting member would otherwise have to pay. The board may also enter into an agreement, as a condition to any such grant, that it will credit all or a portion of such grant towards charges which have been made or in the future may be made against one or more specified members. . Section a. Board funds may be expended by the board in accordance with procedures established by law for the expenditure of funds by villages. Orders, checks, drafts and other legal instruments shall be signed by the president or vice-president and countersigned by the secretary-treasurer or such other person as shall be designated by the board. Section 9. Contracts shall be let and purchases shall be made in accordance with the legal requirements applicable to contracts and purchases by Minnesota villages. X. ADMINISTRATOR . An administrator may be appointed to perform such administrative duties as shall be delegated to him by the board. XI. ASSOCIATES Section 1. It is contemplated that certain governmental units may desire to follow, closely, the activities of LOGIS, to provide input into systems design, and to receive detailed information about system characteristics and performance, for the purpose of coordinating intergovernmental relationships. Such governmental units may affiliate with LOGIS as "associates." Section 2. A governmental unit desiring to become an associate may do so in the same manner as is applicable to becoming a member, except as otherwise provided in this article. Section 3. At the time of joining LOGIS as an associate, the governmental unit shall indicate in writing that it is not joining as a member but as an associate. Section 4. An associate may appoint a director and an alternate director to the board but such director (or alternate) 0u"'lt528J7 t~..CO-2 9 shall be without voting power, shall not be eligible to serve as an officer and shall not be counted for quorum purposes. Section 5. The board may establish the charges to be paid by associates and for that purpose it may classify associates in accordance with their varying circumstances. Section 6. An associate may apply for membership status and become a regular member. Section 7. An associate may discontinue its association with LOGIS at any time by giving written notice of withdrawal to the secretary-treasurer of LOGIS. Withdrawal shall not relieve such withdrawing associate from its obligation to pay any charges which the associate has incurred up to the time of withdrawal. XII. WITHDRAWAL Section 1. Any member may at any time give written notice of . wi thdrawal from LOGIS. The nonpayment of charges as set forth herein, and the refusal or declination of any member to be bound by any obligation to the organization shall also constitute notice of withdrawal. ( a) Actual withdrawal shall not take effect for a period of forty-five (45) days from the date of such notification. (b) Upon effective withdrawal the member shall continue to be responsible (1) for all of its prorated share of any unpaid Class 2 obligations, (2) for its share of Class 1 charges to the effective date of withdrawal, (3) for its share of any Class 3 charges to the effective date of withdrawal and (4) for any contractual obligations it has separately incurred with LOGIS. . Section 2. A member who has not given notice of withdrawal on . or before June 15 of a given year is obligated for the budgeted revenues and the cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with Article IX. (Added by Amendment No.1, December 3, 1993.) Section 3. A member withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall forfeit its claim to any assets of the organization except that it shall have access to any software developed for its use.while it was a member, in accordance with and subj ect to the provisions of Article XIII, Section 5, .Paragraph (b) . XIII. DISSOLUTION Section 1. .. The organizat.ion shall be dissolved wheneTler (a) a sufficient number of members withdraws from the organization to c..."X528J7 r.c:'OO-2 10 reduce the total number of members to less than six (6)/ or (b) by two-thirds vote of all members of the board. Section 2. In the event of dissolution the board shall determine the measures necessary to effect the dissolution and shall provide for taking of such measures as promptly as circumstances permit and subject to the provisions of this agreement. Section 3. Upon dissolution the remaining assets of LOGIS, after paYment of all obligations, shall be distributed among the then existing members in proportion to their contributions, as determined by the board, provided that computer software prepared for such members shall be available to them, subject to such reasonable rules and regulations as the board shall determine. . Section 4. If, upon dissolution, there is an organizational deficit, such deficit shall be charged to and paid by the members and former members on a pro rata basis, based upon the Class 1, 2 and 3 charges incurred by such members and former members during the two years preceding the event which gave rise to the dissolution. Section 5. In the event of dissolution the following provisions shall govern the distribution of computer software owned by the organization: (a) All such software shall be an asset of the organization. . (b) A member or former member may use (but may not authorize reuse by others) any software developed during its membership upon (1) paying any unpaid sums due LOGIS, (2) paying the costs of taking such software, and (3) complying with reasonable rules and regulations of the board relating to the taking and use of such software. Such rules and regulations may include a reasonable time within which such software must be taken by any member or former member desiring to do so. XIV. DURATION This agreement shall continue in effect indefinitely, until terminated in accordance with its terms. IN WITNESS WHEREOF I the undersigned governmental. unit has caused this agreement to be signed and delivered on its behalf. c..."X62SJ7 :'::100-2 11 IN THE PRESENCE OF: (Name of Governmental Unit) By Its By Its Dated: , 19_, Filed in the office of the City Manager of the Brooklyn Center, Minnesota, this ___ day of Ci ty 0 f , 19 ___' . . OJ'KS2SJ 7 LG10Q-Z 12 COMMITMENT TO: FROM: The LOGIS Health Care Group City of Shorewood DATE: . Please be advised that City of Shorewood intends to participate in the LOGIS Health Care Group Benefit Program effective . The City of Shorewood hereby represents and warrants that it is at least an associate member of LOGIS and otherwise meets the requirements for participation in the Health Care Group Benefits Program, set forth in the LOGIS Group Health and Life Insurance Policies and Procedures ("Policies"), which are incorporated herein by reference. If City of Shorewood at any time does not meet such participation requirements, LOGIS may deny City of Shorewood participation in the Health Care Group Benefits Program. As a participant in the Health Care Group Benefits Program, City of Shorewood agrees to abide by all of the policies and procedures contained in the Policies, as amended from time to time. In order to facilitate the renewal process, we designate: Alan Rolek (name of person designated) . Finance Directorrrreasurer (title of person designated) City of Shorewood 5755 Country Club Road Shorewood. MN 55331 (mailing address) (612) 474-3236 (phone number of entity) to coordinate and supply the information necessary for obtaining health care proposals. It is understood that the maintenance of the health programs will be the responsibility of LOGIS Health Care Group. This includes plan design, contract maintenance, and renewal processing and marketing. Signed by Title For City of Shorewood . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood . cityhall@shorewood.state..net MEMORANDUM TO: Mayor, City Council and Planning Commission . DA TE: June 24, 1999 ~ FROM: Larry Brown, Director of Public Works RE: A Motion to Adopt a Resolution Accepting Public Improvements and Authorizing Final Payment for City Project 95-17, Strawberry Lane Reclamation Project Due to a technical discrepancy with the final payment voucher, Staff is recommending that this item be removed from the City Council Agenda. This item will appear on the next City Council Agenda. . n '-.1 PRINTED ON RECYCLED PAPER #3c f' To: Mayor and City Council From: James C. Hurm, City Administrator Date: June 25, 1999 Re: Financial Support Information For Agenda Item 5B - A Resolution Declaring a "Community Blitz" in Support of Parks and Recreation Projects . Attached please find a preliminary park Capital Improvement Program. This document has been distributed to the Park Commission for discussion, but no action has been taken on it. This draft of the Capital Improvement Program calls on the sports organizations to contribute over the years an organization building surcharge, which would reimburse the park capital fund for the $200,000 building expenditure. . This document shows that the proposed project number 1, the Freeman Park building, can be funded in 1999, but it calls for an approximate $50,000 to be taken from the sewer fund to pay for getting sewer to the building. This is a sewer fund asset, but the City Council would have to authorize this sewer fund expenditure separately. The Park Commissions item number 4, area skate park is addressed by setting aside $5,000 in 1999. Other community resources and cities will likely need to be asked for additional funding. The following chart illustrates that the trail fund balance should be over $185,000 by the end of 1999. Trail Fund June Balance 1999 Transfer from Public Facilities Capital Fund 1999 Transfer from Street Fund Interest for remainder of year Estimated year end balance $153,316 $ 15,000 $ 15,250 $ 2.000 $185,566 #58 It is important to keep in mind that the trail neighbors will still work with us in the design process. The CovingtonNine Hill Road project is estimated to cost over $100,000. It is easy to see that if both projects are to be completed by this year or early next year, additional funds will be needed. An appropriation from the street fund would seem most appropriate in that one of the main reasons for trails is for street safety. If there are any further questions on any of the proposed projects please feel free to call during the day on Monday before Monday nights meeti~g. ( . ... . . ,~." . . 'i r Description Freeman Park Building Sanitary Sewer Foul Ball Netting Field 2 RoadwaylParklng Hockey/Skating Area Badger Park Ov~rlay Tennis Courts Cathcart Park Overlay Court Warming House Sllverwood Park Manor Park d Overlay Court f Magic Square Other Bleacher Improvement .. g Skate Park TOTAL EXPENSeS 'it; .', ... .i:O:.':\'i I r 2001 2002 2003 2004 $ (86) $ 9,412 $ 7,647 $ 31,838 15,000 15,000 15,000 15,000 10,000 10,000 15,000 15,000 15,000 3,000 3,000 3,000 3,000 3,000 (10,000) 12,000 12,000 12,000 12,000 12,000 (43,000) (8,500) (35,000) (9,000) (41,000) (12,000) (12,000) (12,000) (12,000) (12,000) $ 364 $ (2) $ 235 $ 191 $ 796 $ (86) $ 9,412 $ 7,647 $ 31,838 $ 24,634 . . Beginning Cash Ba11/1 Park Dedication Fees ' General Fund Contribution Oganization Bldg Surcharge Concession Rental Internal Borrowing (GF) Payback (GF) Sewer Fund Transfer Sports Organizations - Maint Capital Outlay Projects Transfer to General Fund Interest Ending Cash Balance 12/31 10,000 50,000 12,000 (269,000) (12,000) $ 4,550 $ 14,550 ~:~" "....,.. " ,~"t,. " ",' ,,": "', !,.,,'.',: ... '" {" . (\ !! ,... . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOO, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor, City Council and Planning Commission FROM: Larry Brown, Director of Public Works DA TE: June 24, 1999 RE: A Motion to Adopt a Resolution Declaring a "Community Blitz" in Support of Park and Recreation Projects. A Joint meeting was conducted on June 22nd with the City Council and Park Commission, to discuss the overall plan and schedule for various Park and Recreation Projects. Of the projects discussed, it was determined that a focused effort is desired from the City Council, Commissions, City Staff, and the Citizens of Shorewood to achieve the following projects: L Freeman Park Building to serve as a Concessions Building-Restroom FaciIities- and Open Picnic Shelter 2. Off-street trails on Covington Road from Silverwood Park to Vine Hill Road and along the west side of Vine Hill Road. 3. An off-street trail on Smithtown Road from the Shorewood-Victoria Border to the Hennepin County Regional LRT Trail 4. An Area Skate Park, in conjunction with neighboring Cities It was further decided that a resolution declaring a "Community Blitz" was to be adopted to heighten awareness of the City's intention of focusing efforts on these projects through completion. Certainly, there are many details which need to be worked out such as financing, project scheduling, and feasibility. However, the.attached resolution calls for a focused effort by all of the entities of the City, in addition to the Citizens of Shorewood. n t.J PRINTED ON RECYCLED PAPER 5b. ~~ 4\ .... CITY OF SHOREWOOD RESOLUTION NO. 99-_ A RESOLUTION DECLARING A COMMUNITY BLITZ IN SUPPORT OF PARK AND RECREATION PROJECTS WHEREAS, the City of Shorewood continually strives to improve the Park and Recreation Amenities within the City of Shorewood; and WHEREAS, the City of Shorewood desires that all of the Communities of the City participate in the development and improvements of the City's Park and Recreation Facilities; and WHEREAS, the City Council and Park Commission, with input from the Citizens of the City of Shorewood, have identified the following Improvement Projects as essential to the enhancement of public ~~: . 1. Freeman Park Building to serve as a Concessions Building-Restroom Facilities- and Open Picnic Shelter 2. Off-street trails on Covington Road from Silverwood Parkto Vine Hill Road and along the west side of Vine Hill Road. 3. An off-street trail on Smithtown Road from the Shorewood- Victoria Border to the Hennepin County Regional LRT Trail 4. An Area Skate Park, in conjunction with neighboring Cities WHEREAS, the City of Shorewood desires that such improvements are to commence as soon as possible; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood that the City hereby declares a "Community Blitz" which requests the focused support of all of the . Communities of the City of Shorewood, the City Council, Park and Planning Commissions, and City Staff . for the immediate development and completion of the following projects: 1. Freeman Park Building to serve as a Concessions Building-Restroom Facilities- and Open Picnic Shelter 2. Off-street trails on Covington Road from Silverwood Park to Vine Hill Road and along the west side of Vine Hill Road. 3. An off-street trail on Smithtown Road from the Shorewood- Victoria Border to the Hennepin County Regional LRT Trail 4. An Area Skate Park, in conjunction with neighboring Cities BE IT FURTHER RESOLVED that City Staffis hereby directed to commence with the preparation of Preliminary Plans and Cost Estimates for such Improvements, and is instructed to report to the Council with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvements are feasible. ."'- .~ ....:. . . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of June, 1999. ATTEST: Woody Love, Mayor James C. Hurm, City Administrator/Clerk WHEREAS, the City of Shorewood continually strives to irr Amenities within the City of Shorewood; and Ju.L, ~ fULPi~ CITY OF SHOREWOOlJ %0.1- ~ RESOLUTION NO. 99-_ m ())\.Q.- _ ~ A RESOLUTION DECLARING A COMM oJModJ..k L.h L 1 L SUPPORTOFPARKANDRECREAm /J-KfYl~~' ~ , w WHEREAS, the City of Shorewood desires that all of the Communities of the City participate in the development and improvements of the City's Park and Recreation Facilities; and WHEREAS, the City Council and Park Commission, with input from the Citizens of the City of Shorewood, have identified the following Improvement Projects as essential to the enhancement of public spaces: 1. Freeman Park Building to serve as a Concessions Building-Restroom Facilities- and Open Picnic Shelter 2. Off-street trails on Covington Road from Silverwood Park to Vine Hill Road and along the west side of Vine Hill Road. 3. An off-street trail on Smithtown Road from the Shorewood- Victoria Border to the Hennepin County Regional LRT Trail 4. An Area Skate Park, in conjunction with neighboring Cities WHEREAS, the City of Shorewood desires that such improvements are to commence as soon as possible; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the City hereby declares a "Community Blitz" which requests the focused support of all of the Communities of the City of Shore wood, the City Council, Park and Planning Commissions, and City Staff for the immediate development and completion of the following projects: 1. Freeman Park Building to serve as a Concessions Building-Restroom Facilities- and Open Picnic Shelter 2. Off-street trails on Covington Road from Silverwood Park to Vine Hill Road and along the west side of Vine Hill Road. 3. An off-street trail on Smithtown Road from the Shorewood- Victoria Border to the Hennepin County Regional LRT Trail 4. An Area Skate Park, in conjunction with neighboring Cities BE IT FURTHER RESOLVED that City Staff is hereby directed to commence with the preparation of Preliminary Plans and Cost Estimates for such Improvements, and is instructed to report to the Council with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvements are feasible. .. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of June, 1999. ATTEST: Woody Love, Mayor James C. Hurm, City Administrator/Clerk . . '" CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 1, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, *Anderson, *Bailey, Woodruff, Turgeon and *Skramstad; Planning Director Nielsen, and Council Liaison Lizee *Commissioner Anderson arrived at 7:10 p.m. *Commissioner Bailey arrived at 7:05 p.m. *Commissioner Skramstad arrived at 7:20 p.m. APPROVAL OF MINUTES Planning Commission Minutes - May 18, 1999 Collins moved, Turgeon seconded approving the Planning Commission Minutes of May 18, 1999, as amended: Page 2, Paragraph 5: "...believes skateboard ramDS of this type ef eORElitioR will cause..." Motion passed 6/0. 1. PUBLIC HEARING - C.U.P AND SETBACK VARIANCE FOR ACCESSORY STRUCTURE OVER 1200 SQUARE FEET Applicant: Ron Lind Location: 26400 Strawberry Court Planning Director Nielsen presented the request from Mr. Lind for a Conditional Use Permit and a setback variance. Mr. Lind would lik;e to build a garden shed alongside his garage. The building by itself complies with the C.U.P. with the exception of setback requirements. However, extenuating circumstances exist which support granting the C.U.P. and variance. Therefore, staff recommends approval. Chair Callies opened the Public Hearing at 7:10 p.m. Mr. Ron Lind, 26400 Strawberry Court, added that the structure will match the style and color of the house, and will not detract from the attractiveness of his property. Hearing no further public testimony, Chair Callies closed the Public Hearing at 7:11 p.m. # PLANNING COMMISSION MINUTES JUNE 1, 1999 - P A;GE 2 Chair Callies stated'she does not agree that this accessory structure justifies a variance, as a 3 car garage with work space already exists on the property. Commissioner Bailey agreed. Collins moved, Anderson seconded a Motion to recommend approval of a C.U.P. and setback variance for accessory structure over 1200 square feet for Mr. Ron Lind, 26400 Strawberry Court. Motion passed 4/2 (Callies & Bailey opposed). 2. PUBLIC HEARING AMENDMENTS TO L-R RECREATIONAL) ZONING DISTRICT (LAKESHORE- Planning Director Nielsen presented the third draft of the ~-R Zoning District. This draft includes all changes discussed in previous meetings. Commissioner Turgeon asked about the color of the storage tarps, an issue which had been brought up at previous meetings. Chair Callies stated her recollection was that the Ordinance was not going to address this issue, it . was going to be worked out by the Marinas themselves. Chair Callies opened the Public Hearing at 7:22 p.m. Jill Eagan, 27125 Noble Road, asked if there were any plans for Howards Point to build any additional storage facilities. Planning Director Nielsen stated that they are at their limit right now, and no additional buildings are planned. However, if their current building was destroyed, this issue would have to be addressed. Hearing no further public testimony, Chair Callies closed the Public Hearing at 7:25 p.m. . Commissioner Skramstad asked about both marinas distributing gasoline, how they distribute the gasoline, and to whom. Planning Director Nielsen stated that as a general practice, both marinas only distribute gasoline to clients. Commissioner Anderson also commented that this issue has been worked on for 6 months or more, and a lot of progress has been made. This Ordinance update will be an improvement for the City and the marinas. Commissioner Bailey asked if the Ordinance was going to address the dispensing of gasoline at the marina. ~ PLANNING COMMISSION MINUTES JUNE 1, 1999 - PAGE 3 Planning Director Nielsen stated that pumping gas is generally a better way than pouring from gas cans, as more tends to be spilled that way. This may not be something that should be regulated anyway. Commissioner Turgeon asked if the Ordinance could address who it is sold to" confining the sales to clients only. Commissioner Collins believes it does not have to be addressed, as the marinas have no desire to become "lake gas stations" anyway. Commissioner Anderson asked if there had been any agreement on this issue previously. Planning Director Nielsen stated that there was consensus that the historical use be addressed, possibly under the licensing section of the Ordinance. . Anderson moved, Collins seconded a Motion to accept this draft of the Ordinance, and direct staff to address the issue of dispensing gasoline through the best available means. Motion passed 7/0. Planning Director Nielsen stated he would forward the language for the gasoline issue to the Commissioners for any feedback before this issue goes before the City Council. 3. COMPPLAN Transportation Planning Director Nielsen presented the updated draft of the Transportation Chapter of the Comprehensive Plan. This draft contains all revisions discussed at previous meetings, and changes recommended by the Park Commission. Nielsen then asked if there were any additional sections that are of concern, or changes that are not agreed with. . Commissioner Bailey stated that he has not yet had the chance to study most changes and would like time to read and take note of changes before discussion. Commissioner Turgeon agreed. Planning Director Nielsen stated that the Transportation Chapter needs to be clear which parts are about roads, and which parts are about trails. Some concern has come about on trails and locations of future trails. Commissioner Woodruff stated that the Park Commission has worked very hard on the trails sections, and their changes are all very thought out and clear. 4. MATTERS FROM THE FLOOR There were none at this time. .. or PLANNING COMMISSION MINUTES JUNE 1,1999. PAGE 4 5. DRAFT NEXT MEETING AGENDA The next meeting agenda will include a study session of the Comprehensive Plan, all final drafts will be available and drafts of the Community Facilities Chapter and the Housing Chapter. Dates for the Comp Plan neighborhood meetings will need to be determined. Three meetings were decided on, 2 in one week, and 1 the following week, likely in early August. Planning Director Nielsen also noted that an application needs to be considered from Aerial, for the west water tower. 6. REPORTS Commissioner Turgeon stated that at the last meeting, liaison positions were brought up and need to be filled. The Land Conservation Committee liaison would be a permanent position as a voting member. Commissioner Woodruff expressed interest III the Land Conservation Committee liaison position. . Commissioner Skramstad will act as City Council liaison for June, and Commissioner Bailey for July. Rather than a liaison to the Park Commission, Commissioner Turgeon requested she receive copies of the minutes and agendas. All Commissioners agreed they would like to receive the minutes and agendas of the Park Commission. Commissioners Anderson, Skramstad, and Bailey requested.this information by E- mail. Commissioner Woodruff brought up the question of whether reporting to the City Council is necessary, as the information they receive may become redundant with reports from the liaison, and the representative, and the copies of the minutes. . Planning Director Nielsen and Councilmember Lizee both stated that this reporting is necessary for the Council to receive the overall feeling of the meeting as well as the facts. 7. ADJOURNMENT Bailey moved, Woodruff seconded adjourning the meeting at 8:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver O.ff-Site Secretarial, Inc. .. ... : \ . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAN AND FINAL PLAT OF SHOREWOOD PONDS P.D.D. WHEREAS, the final plat of the Shorewood Ponds P.U.D. has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statues, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood; and WHEREAS, the final plan for the P.U.D. has been submitted, pursuant to Section 1201.25 of the City Code; and WHEREAS, the final plan is consistent with the concept and development stage plans previously approved for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Shorewood Ponds is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Planned Unit Development Agreement for the Shorewood Ponds P.D.D., attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Planned Unit Development Agreement on behalf of the City Council. 4. That the final plat, together with this Resolution, the Planned Unit Development Agreement, and the Declaration of Covenants, Conditions and Restrictions of Shorewood Ponds, attached hereto, shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. lOA ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of June, 1999. ATTEST: Woody Love, Mayor James C. Hurm, City Administrator/Clerk I" ... . . ~ " \ . . CITY OF SHOREWOOD PLANNED UNIT DEVELOPMENT AGREEMENT FOR SHOREWOOD PONDS P.U.D. THIS AGREEMENT, made this _day of June,l999 by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City," and SYL VIA DEVELOPMENT, LP, a Limited Partnership organized under the laws of the State of Minnesota, hereinafter referred to as the "Developer." WHEREAS, the Developer has as interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the Developer proposes to develop the Subject Property by means of a Planned Unit Development ("PUD") consisting of 62 building lots, two common area lots and two outlots; and WHEREAS, the Developer has made application with the Zoning Administrator for a Conditional Use permit for a PUD and submitted a Concept Plan and Development Stage Plan for the property, which matters were considered by the City Planning Commission at Public Hearings held on5 August 1997 and 6 April 1999; and WHEREAS, upon recommendation of the Shore wood Planning Commission, the City Council did consider and grant Concept Plan approval as set forth in Resolution No. 99-008 and Development Stage Plan approval subject t~ .~commendations contained in a staff report, dated 15 April 1999, prepared by the City Planne., NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution No. 99-008, incorporated herein as Exhibit B. In addition, development of the property is subject to the requirements of Section 1201.03 Subd.20. of the Shorewood Zoning Code pertaining to elderly housing. (01) Maximum building height, as defined by the Shorewood Zoning Code, shall be 1. one story. (02) Use of Outlots within the plat: Outlots A and B shall be conveyed to the City of Shorewood for wetland conservation and public trail f'urposes. In addition, the Developer shall provide deeds for easements as necessary to include portions of public trails located outside of the outlots. (03) The Developer shall comply with the requirements of Shorewood's wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas adjacent to wetlands be maintained in their natural state. (a) A minimum 35-foot buffer strip shall be maintained adjacent to all wetlands. (b) Natural vegetation shall be maintained in wetland buffer strips. When,? disturbed by site development, wetland buffer strips shaH be restored with natural vegetation. (c) Wetland buffer strips shall be identified within each lot by permanent monumentation approved by the City. (d) A monument is required ,at each lot line where it crosses a wetland buffer strip and as necessary to establish required setbacks from the wetland buffer strip. Monuments shall be placed within 60 days of completion of site grading or prior to issuance of a building permit, whichever occurs first. (e) The Developer shall record with the Hennepin County Recorder or Registrar of Titles, a notice of the wetland buffer requirement against the title of each lot with a required wetland buffer strip. (0 No structures, including, but not limited to, decks, patios, and play equipment may be located in the wetland buffer strip or the required wetland setback area, except that public trails shall be allowed within the wetland buffer strip and setback areas. 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements, hereinafter referred to as the Improvements: (01) AH site grading including building pad correction where needed; (02) Public and private street grading, stabilizing and bituminous surfacing; (03) Surmountable concrete curb and gutter; (04) Sanitary sewer; (05) Storm sewer and surface water drainage facilities; 2. ,. ~ . . "" . (06) Street name signs and traffic control signs; (07) Required landscaping and reforestation; (08) Public trail grading and bituminous surfacing consistent with the plans and specification prepared by Westwood Professional Services, Inc., dated 1999, and received and approved by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. . 3.) final Plan. Grading. Drainage and Utility Plan. Building Plan - The Developer has filed with the City Clerk the final plat titled Shorewood Ponds for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit C. Said final plat, together with the Grading, Drainage, and Utility Plan, the approved building plans, and the Tree Preservation and Reforestation Plan, all of which plans are on file at the Shorewood City Offices, and this Development Agreement, is herewith adopted and approved by the City as the Developer's final plan for development of the property. 4.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. . 5.) Standards of Construction - Developer agrees that all of the Improvements set forth in 2.) above, shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - All of the materials to be employed in the making of said Improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with. approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the final lift of asphalt and landscaping of individual units, shall be performed to be completed by 31 October 1999. The final lift of asphalt shall be completed by 1 July 2000. Landscaping of 3. . ,; individual units shall be completed as buildings are completed. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. The Developer hereby agrees to maintain the public and private streets by providing services such as snowplowing or cleaning of the roadway until such time as the City has inspected and accepted the final lift of asphalt for said streets. Maintenance of the private street shall be the responsibility of the Developer or the homeowner's association. 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar (3.5 mil thickness minimum) original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat. 9.) Easements - Developer, at its expense, shall acquire all easements, if any, from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and watermains within the plat, and thereafter promptly assign said easements to the City. . 10.) Pre-existing Drain Tile - All preexisting drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the Improvements and delineation of the wetland buffer areas. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Construction Inspection - The City of Shorewood shall utilize the services of the City's Engineering Consultant to provide construction inspection on a full time basis for which the Developer hereby agrees to compensate the City of Shorewood for all expenses incurred for such services. . 13.) Grading. Drainage. and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within and adjoining the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 14.) Soils Testing/Geotechnical Services - The City of Shorewood shall utilize the 4. .. services of a soils testing firm, as determined by the City Engineer, to perform routine soil density testing, compaction testing, bituminous coring and testing, and concrete cylinder testing during construction. The Developer hereby agrees to reimburse the City of Shorewood for all c'osts incurred during construction for such routine soils testing. 15.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 16.) Access to Residences - Developer shall provide reasonable access, including temporary grading, graveling and snowplowing, to all residences affected by construction until the public street is accepted by the City. 17.) Occupancy Permits - The City shall not issue a permanent certificate of occupancy until the first lift of bituminous surfacing has been installed on the road serving the units for which a certificate of occupancy is requested. Certificates of occupancy for buildings . adjacent to the public trail shall not be issued until the trail has been completed. 18.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 19.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. . 20.) Required Landscaping - The Developer shall provide a letter of credit or cash escrow for the purpose of assuring that required landscaping in the common and revegetation of wetland buffer areas shall be constructed and installed according to the plans approved by the City. Landscaping associated with individual unit lots shall be constructed and installed prior to issuance of certificates of occupancy for said unit lots. If required unit lot landscaping has not been completed at the time of occupancy, the Developer shall escrow $1000 per unit to ensure that the required landscaping shall be installed within eight months. 21.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration. and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be 5. .. made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 30 below. 22.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 23.) Surety for Im{>rovements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by . the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a two year warranty bond. 24.) Warrantv of Improvements - The Developer shall provide the City with a two year warranty bond for the public improvements as part of the request for final acceptance request. The date appearing on said bond which commences the two year warranty period shall be obtained from the City Engineer prior to the Developer obtaining such bond. 25.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. . Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. 6. 26.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ("Policy") which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by Westwood Professional Services, Inc., dated 1999 ("Plan"). The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer:and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. . 27.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property, said laws existing during the period of construction, and shall secure all permits that may be required by, but not limited to, the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed District, the Minnesota Department of Health, the Hennepin County Transportation Department, and the Metropolitan Waste Control Commission before commencing development of the plat. 28.) Sewer Charges - The Developer shall pay $1000 per unit for local sanitary sewer access charges (LSSAC) pursuant to Shorewood City Code. As an elderly housing project, the Developer shall receive credit for sewer units. The Developer shall pay LSSAC for units ($ ) prior to release of the final plat. 29.) Park Fund Payment - The Developer shall pay $1500 per unit to the Park Fund pursuant to Shorewood City Code. As an elderly housing project, the Developer shall receive credit for units. The Developer shall pay $ to the Park Fund prior to release of the final plat. . 30.) Notices ~ All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shore wood City Attorney c/o LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South 7. Minneapolis, Minnesota 55431 To the Developer: Bill Gleason Sylvia Development, LP 8525 Edinbrook Crossing Brooklyn Park, MN 55443 31.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City demonstrating that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all drainage, utility and trail easements provided to City shall be free and clear of all liens and tmcumbrances. . 32.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 33.) Declaration of Covenants. Conditions and Restrictions - Developer has provided a copy of the Declaration of Covenants, Conditions and Restrictions of Shorewood Ponds, which . Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. The Developer agrees to incorporate the following provisions inthe Declaration: (01) Private Road. It is understood that the private street within the plat shall be maintained by the Developer or his successors in interest, including the appropriate homeowner's association and will not be accepted or maintained by the City until such time as it is made to conform to the standards which exist for public streets at the time of request for acceptance. (02) Elderly Housing:. Occupancy of dwelling units is limited to no more than two (2) adults, sixty-two (62) years of age or older, except that the age limitation need not apply to one adult, live-in, care-provider serving the needs of the primary occupant(s). If 8. such care-provider resides on the premises for more than thirty (30) days. notice must be given to the Shorewood Zoning Administrator. (03) The Developer or homeowner's association shall annually file with the City Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of such building or buildings, listing the number of tenants or occupants by age. by unit. 34.) Remedies Upon Default- . (0 I) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof. the City may cause any of the Improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof. including all reasonable engineering. legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429. in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein. the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid. and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency. as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety. and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. . (02) Performance Guaranty. In addition to the foregoing. the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder. to collect. pay. or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering. legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement. the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 26 hereof. 9. (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. . (b) If compliance has not occurred within such time, or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: . (i) impose a monetary penalty of not more than $1000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. (04) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. . 35.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 36.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 37.) Execution of Countet:parts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 10. . . 38.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 39.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. . DEVELOPER: CITY: Sylvia Development, LP City of Shorewood By: By: Its: President Its: Mayor ATTEST: City Administrator/Clerk 11. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this _ day of , 1999, before me, a Notary Public within and for said County, personally appeared Woody Love and James C. Hurrn to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. ' . Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 1999, by , President of Sylvia Development, LP. Notary Public . THIS INSTRUMENT WAS DRAFTED BY: The Shorewood Planning Department EDITED BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes A venue South Minneapolis, Minnesota 55431 (TJK) 12. Parcell The west 10 rods of the easterly 20 rods of lot 98, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, .Minnesota. The Easterly 10 rods, front and rear, of Lot 98, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, .Minnesota, Lot 23, Meeker's Outlots of Excelsior, Parcel 2 That Parcel of land located in Hennepin County, Minnesota, described as follows: . Lot 74, Auditor's Subdivision No. 133, according to the plat thereof on record at the office of the Register of Titles, Hennepin County, Minnesota. Containing 136,343 square feet more or less. Parcel 3 Part of the Southeast quarter of the Southeast quarter of Section 32, Township 117, Range 23 in Hennepin County Minnesota. . Exhibit A Legal Description CITY OF SHOREWOOD RESOLUTION NO. 99- 008 A RESOLUTION APPROVING THE CONCEPT PLAN FOR SHOREWOOD SENIOR HOUSING (EAGLE CREST NORTHWEST, INC.) PLA1~NED UNIT DEVELOPMENT WHEREAS, Eagle Crest Northwest, Inc. (the "Applicant") bas an interest in real property located in the City of Shore wood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part bereof ; and WHEREAS, the Applicant has applied to the City for approval of a Concept Plan, attached hereto as Exhibit B, for the construction of a residential planned unit development known as Shorewood Senior Housing containing 62 dwelling units on approximately 19 acres of land; and . WHEREAS, the project is proposed as senior housing, pursuant to the requirements of 1201.03 Subd. 20 of the City Code; and WHEREAS, the Applicant's request has been considered by the City Planner, and WHEREAS, Applicant" brought a lawsuit against the City seeking approval of an 80 unit senior housing development; and WHEREAS, resolution of the lawsuit is possible by allowance of the senior housing Concept Plan attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED by the Cicy Council of the City of Shorewood as follows: FINDINGS OF FACT . 1. The Property is located in the northwest quadrant of the intersection of Eureka Road and State Highway 7. 2. The property consists of three parcels containing a total land area of approximately 19.08 acres, of which 2.77 acres exists as City-designated wetland. 3. The net area of the property, after subtracting City-designated wetland and public street right-of-way, is 14.86 acres, of which 4.79 acres is located in the R- lA, Single Family Residential District, and 10.07 acres is located in the R-IC, Single-Family Residential District. 4. Land use and zoning surrounding the property is as follows: West: North: East: Freeman Park ball fields; zoned R-IC Freeman Park wetland; zoned R -1 C Eureka Road, then vacant and one single-family dwelling; zoned R-IA State Highway 7, then Chanhassen; zoned residential South: Exhibit B Shorewood Res. No. 99-008 - Concept Stage Resolution No. 99- 008 Page 2 of 4 5. The Applicant proposes to construct 62 dwelling units as shown on Exhibit B, the occupancy of which will be limited to persons 62 years of age and older. 6. The proposed dwelling units will each have two bedrooms and a two-car garage. 7. The Shorewood Zoning Code, by conditional use permit, allows elderly housing to have as many as four units per 40,000 square feet of land area in the R-IA district and up to eight units per 40,000 square feet in the R -1 C district. 8. Based upon the not area and zoning of the subject property, the Zoning Code would allow as many as 108.58 units of elderly housing. 9. Eureka Road, a designated collector street abutting the e3St side of the property, is substandard in terms of right-of-way width. The Applicant proposes to dedicate an additional 13.5 feet of r.o.w. for Eureka Road. . 10. Required building setbacks at the periphery of the property are as follows: From State Highway 7: 50 feet for the R-l A portion of the site, 40 feet for the R-1C portion From the west property line: 40 feet From Eureka Road: 50 feet From the City-designatedwetland: 50 feet 11. The Applicant proposes to develop the property over two construction seasons. 12. The Shorewood Zoning Code limits elderly housing units in single-family zoning districts to one and one half stories. The Applicant proposes single-story- stIUctures. . 13. The Shorewood Zoning Code requires at least two parking spaces per dwelling, of which one must be an enclosed garage. The Applicant proposes two. garage spaces for each dwelling unit, plus additional parking in front of each garage. 14. City sewer is available to the property from Eureka Road. City water is available to the property from Freeman Park. Although preliminary tests indicate that fIre flow may not be adequate to serve the project, the Frre Marshal has stated that sprinkling the residential units may be acceptable. CONCLUSIONS A. The Applicant's request for approval of a Concept Plan for the Shorewood Senior Housing P.U.D. is subject to the conditions of approval as set forth below: 1 . Provide a plan for parking on the public street and the internal roadway system. Resolution No. 99- 008 Page 3 of 4 2. Provide additional r.o.w. for Eureka Road between the new road and Highway 7. 3. Coordinate upgrade of Eureka Road with MNDOT improvements. 4. Incorporate pedestrian facilities into plans and tie into Freeman Park trail system. 5. . Park Commission should comment on trail recommendation in #4. Above. 6. A void wetland buffer where feasible, enhance protection measures where encroachment is necessary. 7. Draft protective covenants (with City as signatory) providing for occupancy requirements consistent with the approval herein and for the future maintenance of private roadway system and any other common areas. . 8. Require significant (size and quantity) landscaping to provide buffers along park boundary, Highway 7 and Eureka Road. Design should include evergreen trees and shrubs for year-round effectiveness. 9. Tree preservation plan should identify existing site vegetation. Plans may need to be modified to preserve significant trees on south side of wetland. 10. Plans for the project shall comply with the drainage requirements of the Minnehaha Creek Watershed District with respect to quantity and quality of storm water runoff. The amount of onsite ponding shall be sufficient to handle the amount of impervious surface proposed for the property. 11. The development of the property will comply with the requirements of Shorewood's Tree Preservation and Reforestation Policy. . 12. The development of the property shall comply with the requirements of Shorewood's Wetland Code. 13. Development Stage plans shall address fIre flow adequacy. If necessary. City agrees the stIUctures shall be constructed with an internal sprinkler system. 14. It is understood that the Applicant does not intend to provide services which are exclusive to the elderly and that occupancy of the dwelling units will be limited to persons 62 years of age and older, pursuant to City, State and Federal requirements. 15. Within the Development Stage plan review the City shall explore ways to mitigate any impact of traffIc associated with the project on the surrounding neighborhoods, however, overall traffIc impact from the development shall not be a basis for denial at development stage. Resolution No. 99- 008 Page 4 of 4 16. The Applicant's Development Stage plans should include a pedestrian crail system along the west side of Eureka Road and along the south side of the wetland area, tying into the Freeman Park trail system. 17. Development Stage plans shall include a landscaping plan to provide buffering. B. City Council approval of the Concept Plan is subject to all applicable standards, regulations, and requirements of the Shorewood City Code, including,. but not limited to the following: 1. Section 1201.04, Subd. I, regarding the procedures for review and approval of conditional use permits; . Section 1201.06, Subd. 3, regarding special procedures for the establishment of a P.U.D. by conditional use permit; 3. Section 1201.03, Subd. 20, regarding the special requirements for elderly housing projects; ? -, 4. Section 1201.25, Subd. 6(b)(l), regarding the purpose of concept plan approval. C. Approval of the Concept Plan is not intended, nor does it act to grant approval of a Development Stage Plan or Final Stage Plan which are required pursuant to Section 1201.25, Subd, 5(c) and (d). Density is approved for up to 62 units, subject to reduction if that is necessary to comply with wetland or other regulations. . The application of Eagle Crest Northwest, Inc. for approval of the Concept Plan for the Shorewood Senior Housing P.U.D. as set forth above is hereby approved. ADOPTED by tbe City Council of tbe ~ 8tb day of February, 1999. 1/ J. WOODY LOVE, MAYOR ~: ( kv\J.fJ L '1~\JV\11 J~S C. HURM, CITY ADJ.VlINISTRATOR V EXHIBIT A Parcell The west 10 rods of the easterly 20 rods of lot 98, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesota. The Easterly 10 rods, front and rear, of Lot 98, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesota, Lot 23, Meeker's Outlots of Excelsior, Parcel 2 That Parcel of land located in Hennepin County, Minnesota, described as follows: Lot 74, Auditor's Subdivision No. 133, according to the plat thereof on record at the office of the Register of Titles, Hennepin County, Minnesota. . Containing 136,343 square feet more or less. Parcel 3 Part of the Southeast quarter of the Southeast quarter of Section 32, Township 117, Range 23 in Hennepin County Minnesota. . '~~Uf"~d to bear .,. J4"f . MONlJ"'fN r , MONU"'fN r FOUND fcJs~m~nts 'Ita....,. thus' I i -l I I 10 ".. . -,;- I,'};~ ::. .'~.. ~.:: .: : ,.'f)th ond 0.1,10"''''9 lot ....it: shown on th. plot. <: I Q) '0 I ..2 " "i t., n{ . . ... , I . ~ ~ 9 -.. ~HUHEWUUU PONDS l...: -.,- - , ~ It". .. .. ~ :-.... .......:...., \ \ fIl "0 = o ~ "0 Ueug ;::s::~ :9- ~ ..c:ClSo r~ .5 ..c: _liIioioo ~ , ;... ..... ,,~,.... .... . ,.,.. , II I' .. . t 'oJ' 1-'..... 698.65'. -... ... - I ,",, r - ,... .. ,..- :",Jt~ t: ."', ,'.~ =? ".0..... )~HJ .~.-t _---.: '. s'e.t~......... .....j".. ......" 'I. ...... ,", ..' ,... .' .." ~ ,:~; :\:' ~ ,; :; :...': ':,' ~ Soo027'J4"c n.. Ctn' IN .f 'h. Sou'''~.' Ouur'.. s.c"M J2. '""sh", "1. Ron,e 1.1 ,- , , ,'-- -- -, I / / ./ ./ ,,- ,,- ,,- ,,- ,,- ./ I ( \ " .... ,. > Cdfe of w., (and < ,. , ,. .... ~/ " I I \ \ , \ , \ \ \ \ I / ,,- ,,- .. .. '-,/ -...... , '... . . . ~~ ~ ,. / I I I I I I I , I ( / ,,- ,. '-... , \ I / ./ ./ ./ / I I I \ \ \ \ \ ' / ./ \ , --) OutJotA - _./ ,t. 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(612) 474-3236 FAX (612) 474-0128 . www.state.net/shorewood . cityhall@shorewood.state.net MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 25 May 1999 RE: Lind, Ron - Setback Variance and Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (99.08) BACKGROUND . Mr. Ron Lind owns the property at 26400 Strawberry Lane (see Site Location map- Exhibit A, attached). He proposes to build a 12' x 20' garden shed on the west side of his existing garage, as shown on Exhibit B. The proposed shed requires a conditional use permit for accessory space in excess of 1200 square feet and a 22-foot setback variance from the rear lot line. The property in question contains 40,140 square feet of area and is zoned R-IA, Single- family Residential. As mentioned in Mr. Lind's request letter (Exhibit C), the lot is on a comer and is occupied by a large (50 feet wide) drainage and utility easement on the north and east sides of the property. This drainage easement serves the entire Shorewood Suburban Estates subdivision as well as properties to the north and west. The proposed building, shown on Exhibit D, is one story (8.5 feet) in height and contains 240 square feet of floor area. Combined with an existing attached garage, the total area of accessory buildings on the property will be 1601 square feet The existing house has 1857 square feet of floor area above grade. The applicant proposes to locate the shed to the west of the existing garage, 28 feet from the west property line. n '...1 PRINTED ON RECYCLED PAPER (p8 Memorandum Re: Lind - CUP and Variance 25 May 1999 ANAL YSIS/RECOMMENDA TION A. Conditional Use Permit. With the exception of the setback requirement, Mr. Lind's request complies with the four criteria for this type of C.U.P. found in Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code: 1. The proposed total area of accessory space (1361 square feet) does not exceed the floor area above grade (1857 square feet) of the principal dwelling. 2. The proposed area of accessory space does not exceed 10 percent of the minimum lot size for the R-IA zoning district (.10 x 40,000 = 4000 square feet). . 3. Despite the setback variance, addressed in B. following, the location of the proposed shed is spaced well away from other buildings nearby, the most affected of which is the home to the west of the applicant's (see Exhibit E). Obviously, the building can not be located in the drainage easement. 4. The building will be similar in style, materials and color to the existing home. B. Setback Variance. Section 1201.05 Subd. 2.b. of the Zoning Code sets forth criteria for the granting of variances. As variances go this request is relatively simple. . 1. The applicant's hardship is largely the result of the extraordinary size of the drainage and utility easement on the north and east sides of the lot. The typical drainage and utility easement is 10 feet. Although the easement on the east side of the lot coincides with the 50-foot setback from the street, the easement on the north side of the lot reduces the depth of the buildable area of the lot by 40 feet. Ordinarily there would be a lO-foot side yard setback on the north side of this lot. The applicant's problem is compounded by the topography of the lot which drops off to the north and east toward the drainageway. 2. The applicant's hardship is not economic in nature. 3. Despite the standard one acre size of the subject lot the buildable area of the lot is drastically reduced by the drainage and utility easement. The applicant is unable to use as much of his lot as other similar sized lots in the R-IA district. 4. The special conditions in this case are not the result of actions by the applicant. 5. No special right or privilege is conveyed to the applicant by granting the variance. The drainage and utility easements on the property in effect result in a 50-foot setback or open space on three sides of the property. Even ifthe variance is granted, the lot provides more open space than a standard lot. -2- Memorandum Re: Lind - CUP and Variance 25 May 1999 6. Although a case could be made for treating the applicant's west property line as a side lot line rather than a rear lot line, thereby establishing a 10-foot setback, the applicant proposes to keep the building 28 feet from the property line. He has also pushed the building back 20 feet more than the required 50-foot setback from Strawberry Court, making it less noticeable as viewed from the street. 7. The design and location of the proposed building should not adversely impact the surrounding properties or the neighborhood in which it is located. If there is any concern about the amount of accessory space on the property, the City could require additional landscaping on the west side of the proposed building. . Based on the preceding, the applicant's request for a variance is considered justified in order to make reasonable use of the property. Approval is therefore recommended. Cc: Jim Hurm Tim Keane Ron Lind . -3- ...... 2621.86 ~S .45 ( 5) ~~': (6) .... . .. ~rl~ I \ ":: 1.J'O : ~ ;3; (I) 115 51 . I ".,0.' 10~... ; R 8 R r-5! -;~ - - ------ 10 R ' ~ 1_,,) ~ i- · :~f.' : I\~~.: : I "'<{S'! rri,:' ! .........1::0....'._....,...,::0.,......,.........147..... I : I '. t : Sl :' : . iK .' t I (9):: - (25) I (24) ; ! , : ::.) ~ ij))/D) ~! R.'" r~) ~ I ~ ! >6>. . . ! ... /'.. : : . I ~..' . ,....... : . <...~ \._________t_; u<" I "._ f '-;: - --, PART ~ lOT 10 I : , 1 (18) f/ c.... \~::,'-. 2 on ') (19) ll: ~" 3 on :<S20) ~ ~( <. /. U'. /~., ,'-. ",,~" 16<l.::JIl ~es'~'e l (8) 5 .. -. (3\) ,n ~ 7 ~,lIl ... 0 ,. 8 ~ (";61 ()&,) tE','/) l.1i751:a A:i.I -:iJ!YI~ "d~itJ i.BJ v: ~\1 ~,I ~'l)2'~1 ~I .... 117 1~9 5 ---to )Glf . ~ll'W'. Z06 Sl!S.~.., lK~W .09 i:' . ;' ~:"'..7'''' - '" ~ ~ I . .'::r:.::._~ '-~o 5 ( 14) :.,,~t1'i.'" Ilt 5' ,.: ::! 2 ( II) .s: .', 7",~ ,/' (: <- ".~(;:::; / >. ./" .i..:~"'" '\ I ....... 1 (' 624.35 3 ( 12) <5'0 - .".,..:?" ...- .>1..; ................ 589.49' 40.. 4 <0 N '" './ i: . 6 <:::. ~ ,~/ <.- (40) (39) ..-!..;..tJ' .' ". .~ :- \h ~ ~ 1 ~ '05 (, fj8g.' Exhibit A SITE LOCATION Lind - C.U.P. and Setback Variance ". .I~ c~'" 0 Y'" . (n) .....' :~ ~ .352.02 ' IGr.gg T 161. 09 1 II ~t '~I'''"' ... ~ ll\\ \t\ ~ ~ ><. '< ~ ; ''\\ \{\ " i ,,~! ~ IQ\ : )( ~: ,. .., . ~~ ~' Os , . ~~ (\ ~ ~~ ~ '&\ ~t\ ~~- .0117;7 . <:);J9q;o/t'&'~ S"/7G7ty/~;?.,I/q ,/f7 .?.?..P.:;7 'I ~ ~ ~,0'2 ,L /0(/ #' .5'? ",<f)' ~\ll -~~~ ,~~ 'I -1./\ ~~ ,~ ~t----t---------=--~ ~ ~ \... h \' --... ~~ .~t" ".... _ _ _ ~ ..:9 -<' P' /?? \\) "'\ ~ ~ ~ ~ \~ ------_ J'i .l~ ~ 'II ---_~ ~ ~ \9 ~ \\ ~ "', t-.~ ~ \\ ~ K ~ X ~ -1t~ ~\t\l ': t- \ I \\. t YJ - ~ 0/ ~ \ ': I~ \ \X 6) /~. "-, + ~ I ,; : ~;/ I I .' ~ ~ \I' \,. '''''1 -________ "'I " . ~j-~ : ~ I \ ~. --~~ ...~ ~ - ~~ e:s.=.- ...~--- 6'\ ~ ~ ~. ~ ~ "" H~ U\.\~ 'I ~ ":'1" -,) ......... ......... , ,." / """" / .. I ~/O/ ~ '\ Exhibit B PROPERTY SURVEY April 24, 1999 PlAnning Commission and City Council members. After five years from building a new home in Shorewood, a growing family, increasing yard maintenance equipment and recreational items, the construction of a garden shed for storage and protection of such items is needed. Because of the unusual shape of our property, the large drainage easements, and being a comer lot, I find the best suited location for a garden shed mandates the need for a variance. In following, I would like to address the criteria set forth in section 1201.05 of the Shorewood Zoning Ordinance, demonstrating undue hardship from unique circumstances and conditions that do exist on our property so we may be granted this vanance. . Our comer lot is on Strawbeny Lane and Strawbeny Court but technically fronts Strawbeny Lane. The front of our house and driveway face Strawberry Court (like our neighbors). The technical 'rear' of our lot (the west side) has a 50 foot setback from the garage to the property line, which is where I would like to construct a garden shed (see survey). I would ask the Planning Commission and City Council members to consider Strawbeny Court as the front of our property so a garden shed can be constructed on the west side of the lot. Our property has exceptional topographic and water conditions, as well as the shape of the lot being quite unique and different from that of our neighbors. Because of the shallow depth of our back yard, our 1 acre lot has much less area to construct a garden shed in comparison to the 1 acre lots in the same development. This is due to a large 50 foot v.ride 'L' shaped water drainage and utility easement, which really limits where a garden sbed can be constructed. There is also the additional 50 foot setback on the rear of the property (the west side) which I feel if granted this variance, would be the best place to build a garden shed. . I would like to express that these circumstances, special conditions, and hardships of our property were not created by myself as owner. I feel that being granted this variance would make reasonable use of the land. It would allow the garden shed to be constructed in an area that would not be close to neighbors and not be obtrusive in view. The shed would match the c.olor scheme of the house, having light gray siding, white trim, and charcoal shingles. For practical purposes it would be positioned on a flat area of the lot, as well as handy in location for storing lawn care, gardening, snow maintenance equipment, and recreational items. Sincerely, ~h( C. /J Ronald C. Lind 26400 Strawberry Court Shorewood, rv1N 5533 1 (612) 474-4394 Exhibit C APPLICANT'S REOUEST LETTER Dated 24 April 1999 :RIOR 2'd x lO'h 6'd x lO'h (shown below) O'd x lO'h (shown right) 4'd x lO'h~ lough to store nearly boat or your collection cd vehicles. ;,?"h roll-up steel door !d . side walls h peak iee.on included mds wind loads of 110 nd ground snow loads of per sq. ft. Exhibit D PROPOSED BUILDING 'W' ,~, CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor, City Council Larry Brown, Director of Public Works Jj/J- June 24, 1999 . FROM: . DA TE: RE: Consideration of a Motion to Adopt a Resolution Declaring Adequacy of Petition and Ordering the Preparation of Plans, Specifications and Engineer's Estimate Attachment 1 is a petition from the following property owners requesting that the City of Shorewood extend municipal water service to their properties along Edgewood Road: 1. Ed Wartman..................................................26985 Edgewood Road 2. Marion Manson ............................................27010 Edgewood Road 3. Jeffrey & Nancy Stebbins .............................26980 Edgewood Road Attachment 2 is a location map of the properties which also indicates the proximity of the. existing watermain relative to their properties. ". This petition was initiated by Jeff and Nancy Stebbins who are in the process of designing an addition onto their home. Mrs. Stebbins has indicated that the planned addition will be constructed over the . existing well location, thereby requiring drilling of a new well or obtaining municipal water service to the location. Timeframes for either alternative are tight, ~ue to the scheduling of the planned house addition. It should be noted that there is a fourth lot at 26990 Edgewood Road that abuts the proposed improvement. In 1987, owners of the lot requested a variance: to the required lot width requirements, to build a single family home. The City Council ruled at that time that the lot was considered unbuildable due to the 50 foot width. Therefore, this lot is not considered part of this petition. Under the current City Ordinances, petitioners seeking the extension of municipal water service must agree to pay all costs incurred by the City, including but not limited to, preparation of feasibility reports, contract documents, construction staking and survey, construction, and construction inspection. n ~.1 PRINTED ON RECYCLED PAPER #7 , y Mayor and City Council Edgewood Watermain Project June 24, 1999 Page 2 of3 To date, the policy of the City for completing such a project includes the following steps: 1. Petition is received by the City Council 2. Petition is examined by City Staff to determine adequacy of 100% consent/acknowledgement of the improvement 3. City Council declares the petition to be adequate and orders preparation of a feasibility report contingent upon petitioners providing a deposit for preparation of feasibility and design costs 4. Feasibility report is prepared including preliminary cost estimates for the Improvement . 5. Petitioners are provided an opportunity to review estimated costs and determine whether to proceed to Design Phase 6. If estimated costs are deemed acceptable to petitioners, a Watermain Improvement Agreement is filed with the City Clerk 7. City Council accepts Watermain Improvement Agreement and orders preparation of the plans, specifications and engineer's estimate. 8. City Council approves the plans, specifications and estimate and authorizes advertisement for bids 9. Bids are opened and tabulated . 10. Petitioners are provided an opportunity to decline the improvement, or to proceed. 11. If acceptable, every petitioner shall file with the City Clerk a Waiver Agreement which petitions the City Council to finance the improvements and that each Petitioner waives their right to appeal such assessment against their property. 12. If all of the Waiver Agreements are received by the City Clerk, the bid will be awarded to the lowest responsible bidder for construction. 13. Final project costs are tallied and an assessment role is prepared 14. Assessments are levied against each property . . .~ Mayor and City Council Edgewood Watermain Project June 24, 1999 Page 3 of3 Typically, a feasibility report is prepared to arrive at a sound estimate without going through the expense of a design, only to determine that the costs are not favorable to the petitioners. Due to the short distance of watermain involved in this request, the design costs is about the same as the feasibility cost. Therefore to conserve time and expense, City Staffis recommending that the feasibility report preparation be omitted from this particular process. This will save time and expense for the petitioners. In addition, a small project such as this would normally be bid very high due to the small amount of materials involved. Staff is recommending that if this project is to proceed, that it be bid in conjunction with the Noble Road Reconstruction Project. It is anticipated that the approval of plans, specifications and estimate is to appear on the next City Council agenda for consideration. Plans for the Edgewood Road Watermain Project can be prepared quickly, and bid in conjunction with Noble Road. Therefore, Staff is recommending approval of the attached resolution which declares the petition to be adequate, and orders the preparation of plans specifications and engineers estimate, contingent upon the petitioners providing a deposit in the amount of $1,400 to cover design costs. JEFFREY & NANCY STEBBINS 26980 EDGEWOOD RD. SHOREWOOD, MN 55331 June 2, 1999 To Whom It May concern: , - .-.-- -\;l:: I .-- ~'= .' .~I !l_ r- ...;, ." '\ lJ L. 8V___ .. The following residents would like to petition the City of Shore wood to extend city water to us during the summer of 1999 on Edgewood Road. Ed Wartman 'ZJ.,8, ~ Edgewood Road Marion Mason .1--14/4 ~Edgewood Road Nancy & Jeff Stebbins 26980 Edgewood Road We have a preliminary bid to hook up the water from Widmer Company in the amount of$3,OOO.OO. Please advise us at your earliest convenience how to proceed. d -vi- ~~ Date 6 - if- -1''{ Date a. t,.'~11 Date - - '- 'C'~~;: ... . . Attacllment 1 , , , , IS I . -~._-. - ... --..--... -. - , ,llr 'N. ...j -..... N ", ---.,---- .-.-. - --c-- - e , } I r; -t It - -.. . -. . <"" I I I I I I I I - -., I '- [t>@'X oo;r,~~-. - _ Me ~ - "e.= -'--. \ "" \ ~ \ 'Q (srr SfCT'ON FOlDER FOR "'-TAILS) . \ Q , , \ . . ~ ~ ~ ~ L ~ ~ .... . ).,:. I;' 't" \ C-,,_ \. _ ~..,: ;: ....~ -1>'-&--~' t~'\-~ \. 1\ .... ~. ! 00. !&! ~ \ ~QJ. b ~Mi' D \ c;". , , ~ ( 4) ~ ~.. I , , -... I I ('3) \ \ r~". ~ ) ~ \ \ ( 1)-' \;z: (2 \i ~O \ \ e1'i~ \ ...- \~ \~ .. ~ ~l' ~ \~ : I III ~1Il ..::. ~\ % \~ : \ I: Ill' _ I . __._. . '- , \ '-----... \ -- , \ ~ , II I ' ~ 41 \, Il5.ZT , t _. _.. --- - .--..-.---..-- - _i.____ ( 18) ( 5) ~ t' . . .. : OUTLOT 1'c ,((p9tS (39) , ~ 270lS . r iQ ~ ~ Uol Uol 0 :.. ( 5) 0 . II) .. z ,- lI) ~ IR '" - I ;2(PQ 6 :: 14. ;, ' ~ ;,;:.. ~(;'6 ~ --' ( I) 1)0115 ii) r- ( I J) ~, ,..: or .... l8 (10) ~ ... N z 0> !! 176.03 ~ ~ ;::.. :: ~ ...... ~ ~ ~ .-" ,~. (,..--', . -' ~~ _.,1 fJr (;-2) . N o u-, o . z 9 . (21) ~ u-, o . z /111 ~- CITY OF SHOREWOOD RESOLUTION NO. 99-_ A RESOLUTION DECLARING THE ADEQUACY OF A PETmON FOR THE EXTENSION OF MUNICIPAL WATER SERVICE ON EDGEWOOD ROAD WHEREAS, the City of Shorewood is in receipt of a petition (petition) requesting that the City allow the watermain to be extended to the petitioners' property; and WHEREAS, the names of those petitioners and their associated locations are as follows: 1. Ed Wartman..................................................26985 Edgewood Road 2. Marion Manson............................................ 27010 Edgewood Road 3. Jeffiey & Nancy Stebbins ............................26980 Edgewood Road WHEREAS, an additional property located at 26990 Edgewood Road abuts the Improvement and has been determined that said lot is unbuildable under separate proceedings by the City Council, and therefore shall not be included as part of this Improvement; and . WHEREAS, the City has reviewed the Petition and identified the owners of the real properties named in the Petition and has determined that the Petition has been duly executed by the owners of 100% of real property affected by the Improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Petition is hereby declared to have been signed by the owners of 100% of the real properties named in the petition as the location of the Improvement. 2. The Petition is hereby referred to the City Engineer for the preparation of Plans, Specifications and Engineer's Estimate, contingent upon said Petitioners entering into an agreement with the City of Shorewood which requires a deposit for all design costs, attached hereto as Attachment 1. . ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 28th day of June, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR EDGEWOOD ROAD WATERMAIN IMPROVEMENT AGREEMENT THE UNDERSIGNED Petitioners hereby consent, agree and understand as follows: 1. They represent 100% of the owners of real property identified as: Ed Wartman.......... ............................................. 26985 Edgewood Road Marion Manson..... ............................................. 27010 Edgewood Road Jeffiey & Nancy Stebbins.................................... 26980 Edgewood Road 2. They have petitioned the City to construct the following public improvement ("Improvement") along such properties: To extend watermain within the Edgewood Road Right of Way and extend individual service stubs to each of the said properties. and to finance the entire cost of the Improvement through special assessments to be charged against their properties. . 3. Following acceptance of the petition by the City Council, the petitioners will provide the City of Shorewood with a deposit equal to One Thousand Four Hundred Dollars ($1,400.00) for the cost of preparing the Plans, Specifications and Engineer's Estimate for the Improvement. 4. Once Plans and Specifications have been prepared, and the Design is determined to be feasible, the City Council, given this agreement, will call for bids on the Improvement. . 5. The City Council may treat the petition as having been withdrawn if the deposit for preparation of the Plans, Specifications, and Engineer's Estimate is not filed by the petitioners with the City Clerk of the City of Shorewood 45 days from the date the petition was accepted by the City Council. 6. Not later than five days following the date on which the bids for the Improvement have been opened and tabulated, the undersigned will provide the City with Waiver executed by all the petitioners in substantially the form of the attached Exhibit A. In the event that all the waivers are not so provided, the City may treat the petition as having been withdrawn, may reject all bids and may abandon further consideration of the Improvement. 7. If the petitioners fail to make the deposit provided for in paragraph 3 above, or for any other reason withdraw their petition, the City shall be entitled to apply the deposit required under paragraph 3 to reimburse the City for all costs and expenses which it incurred in connection with preparation of Plans Specifications and Engineer's Estimates. 8. If the petitioners fail to execute and. deliver the instrument provided for in paragraph 6 above, or for any other reason withdraw the petition, the City shall be entitled to apply the deposit required under paragraph 3 to reimburse it for the costs and expenses which the City incurred and which were to be covered by that deposit. 9. Upon execution and delivery of the instrument described in Exhibit A the City shall award the contract in the manner provided by law and proceed with the construction of the improvement and assessment of the costs against the petitioner; and either return the deposits to petitioners or apply them against Improvements as the parties may agree. If the City holds the deposits in an interest bearing account, any earned interest will be referred to petitioners when the deposit is returned. . The undersigned have read this document, are fully informed of its contents and agree to be fully bound by its terms. Ed Wartman 26985 Edgewood Road Date . Marion Manson 27010 Edgewood Road Date Jeffrey Stebbins 26980 Edgewood Road Date Nancy Stebbins 26980 Edgewood Road Date EXHmIT A WAIVER AGREEMENT The undersigned is the owner of property located at in the City of Shorewood and legally described as The undersigned together with the owners of other property has petitioned the City of Shorewood to construct the following public improvements Construction of municipal watermain within the public right of way known as Edgewood Road. and to extend individual water services to each property petitioning for said improvements, and have agreed that 100% of the cost of the Improvement be charged against the petitioners' properties through special assessments. . The undersigned understands that the cost of the project may be as much as and the amount assessed against the undersigned's property may be as much as The undersigned understand that the project is economically feasible only because the special assessment which they have agreed to pay is greater than the ordinary special assessment provided for in the City Code. The undersigned also understand that they will additionally be charged a connection charge within 30 days after the acceptance of the project by the City Council of Shorewood. . The undersigned understands that state law gives them the right to appeal the levy of special assessments against their property. The undersigned, for themselves and their successors and assigns hereby waive any rights to appeal either with respect to the procedure or the amount of any special assessment which is levied in accordance with the dollar limitations contained in this agreement. Dated: . . "" CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor, City Council Larry Brown, Director of Public Works JJtY' June 24, 1999 ~ FROM: DA TE: RE: Consideration of a Motion to Adopt a Resolution Accepting Improvements and Authorizing Final Payment for the Boulder Bridge Badger Field Watermain Project City Project 95-16 Attachment 1 is the memorandum which was discussed during the previous City Council meeting. For the court ordered settlement proceedings for the Boulder Bridge Badger Field Watermain Project (Smithtown Road - Eureka Road to Country Club Road, Ryan Contracting, Inc.). In closing the books on this project, the attached resolution accepts the project and authorizes final payment, as negotiated during the court proceedings. A resolution is attached for your consideration. n t.~ PRINTEO ON RECYCLEO PAPER #8 CITY OF SHOREWOOD . IVIEMORANDUM 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.neUshorewood . cityhal/@shorewood.state.net TO: Mayor, City Council and Planning Commission. Larry Brown, Director of Public Works t~ .0- June 7, 1999 . . FROM: DA TE: RE: Ryan Contracting Court Settlement Boulder Bridge Badger Field Watermain Project City Project 95-16 As the City Council is aware, a Court Ordered Settlement Hearing was ordered for the Ryan Contracting matter, and was conducted Friday, June 4th at the Hennepin County Courthouse. The good news is that an agreement was reached by the City and Ryan Contracting. It was doubtful going into the settlement proceedings that Ryan Contacting would deviate from their stance of "no compromise" that has been prevalent during the previous negotiation sessions. Attachment 1 is the detaIled breakdown of the settlement agreement reached. Table 1 shown below is a very brief summary of that breakdown. . Item Description Ryan's Claim City's Position Court Settlement Construction Quantities Dispute $ 55,276.12 $ 38,308.37 $ 44,158.37 Right of Way Claim $ 33,796.50 $ 0.00 $ 17,948.25 Totals $ 89,072.62 $ 38,308.37 $ 62,106.62 Table 1 Jon. PRINTEO ON RECYCLEO PAP!:R .. Attacllment 1 . . ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. wWW.state.net/shorewood. cilyhall@shorewood.slale.net MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 24 June 1999 RE: Notice to Remove - John Pastuck, 20345 Excelsior Blvd. FILE NO.: 405 (Property) In response to a neighborhood complaint regarding an unlicensed car and other items and debris on his property, Mr. Pastuck was sent a Notice to Remove (see Exhibit A, dated 1 June 1999). On 10 June 1999 the City received a written appeal from Mr. Pastuck stating that he would correct the violations the following week (see Exhibit B). A follow-up inspection on 22 June 1999 found that most of the violations remained on the site. Mr. Pastuck's appeal does not request additional time to correct the violations. Actually, his statements indicate that the site would have been cleaned up before now. It is therefore recommended that Mr. Pastuck be given five (5) additional days in which to correct the violations after which Public Works be directed to clean up any remaining items. BJN:ph cc: Jim Hurm Tim Keane Joe pazandak Larry Brown John Pastuck n ~J PRINTED ON RECYCLED PAPER /0 PROPERTY FILE CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAQ. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.Slate.net/shorewood.Cityhall@shorewood.state.net DATE: 1 June 1999 TO: John and Susan Pasruck 20345 Excelsior Blvd Shorewood, J\tfN 55331 . PROPERTY LOCATION: 20345 Excelsior Blvd. PROPERTY IDENTIFICATION NO.: 25-117-23-34-0025 NOTICE TO REMOVE Offensive and Unhealthv Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the following: UNLICENSED AND/OR INOPERABLE VEIDCLES OR EOUIP1\ilENT: Porsche (black and yellow), Lie. No. 632 NJB (JuI'97) - unlicensed OTHER: . Lumber; wood; broken windows; siding; fencing; tree parts; timbers; plastic sheathing; two-wheeler; palls; cardboard; metal; construction debris; metal flashing; similar miscellaneous. You are hereby required to remove the above-descnbed matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lien against the property. *** PLEASE GIVE TIDS MATIER YOUR IMMEDIATE ATIENTION *** BY ORDER OF THE SHOREWOOD CITY COUNCIL ,.n. PRINTED ON RECYCLED PAPER .. Exhibit A -0/1 / '/1 - , ,." t1 jO I I ': !:- ::;;;' ,==:-", G':= i i "\\ /l -~-- ,~. -I! ~., :; J..{ i)v~~c Wiae ~ ( )TY ( C) \) ~J L J L 'f.ci\<,,\ ~ JC; H ~ '?\4--S'rt.\.. tL - ...... ~' .. ~.., ......---..... ;!~ d I i-I -:v -=1 1\;A-V1C ~_.{" tv' e-U'b ):) ;J- L L ,;7\ .,._ "=,1./1 \]..{C . '-,--sz. e t1 TL.-1 J L- v v/...-t ttC<<- i\. =r 'W u.. v.. to" ~O vc: Ilt V .f'- of. S I . f...Jl:5x-r- { t~1L \.,-J~( Vl- JI..' ,J C]C'} 'TLi t5' Lit:' r;rJ ~Gp (VG;<: 'r- 7:AJ 1:3:6" JC Y11j L,.)o ~ J<:- P r:: jL fV1.1 -j (~e: .5 ( j.-t c;. D 'v fA.- LD c."';) i:5 ~ rV tl' Do . "- / --r- >/ "'_u-' .-.1' c.. l.... r . - . ,,_ . ~ \ I ~---- . Exhibit B To: Mayor and City Council ~: i ; ; ,J.... /'i,- i)) From: James C. Hurm, City Administrator Date: June 24, 1999 Re: Agenda Item Number 10 J . Public Works Employes, Jeff Jensen has had a series of illnesses and non-work related injuries that have depleted his sick leave. Most recently while out of town attending a funeral he was seriously. injured in a car accident. For this last payroll I took it upon myself to advance him approximately 12 hours of sick leave. We do not know at this point but the best indication we have is thatit could be as long as a month before he is able to return to work. Our short-term disability policy is only $100.00 per week (that might be another issue that we should address at another time). There are two issues to be addressed: . 1. Will the City Council support advancing sick leave to an employee not knowing for sure whether or not the employee would ever return to work? If so, how much sick leave could be advanced? 2. Would the council approve an administrative policy to allow the donation of sick leave from fellow employees to an employee who has run out of sick leave? If this seems reasonable, a motion authorizing an administrative policy to be written for non-contract employees would be in order. That motion should also include a separate authorization for a side letter of agreement with A.F.S.C.M.E. (American Federation State, County, Municipal Employees). A.F.S.C.M.E. is the bargaining unit for the Public Works Department. j;f J I To: Mayor and City Council 47~ I t From: Teri Naab, Shorewood Executive SecretarylDeputy Clerk Date: June 24, 1999 Re: Request for a Cat Ordinance . About once or twice a year, someone inquires as to why the City does not have an ordinance governing cats. Attached is a letter from Kathryn Kucera with such an inquiry. This was prompted in part because she was required to obtain a dog license. In checking with surrounding communities that have ordinances requiring cats to be licenses and/or kept confined indoors, most cities reported it has been fairly easy to implement and there have been minor problems with enforcement. Council should direct staff as to whether or not they would like to adopt an ordinance governing cats within the City. . :tf:,~S I 06/16/99 WED 12:41 FAX BANK OF AMERICA MORTGAGE I4J 002 June 16,1999 Terry Napp City of Shorewood Dear Terry Napp, RE: DOGS BEING LICENSED CATS DO NOT HA VB TO BE LICENSED Some one in my neighborhood complained about a black lab being loose on the streets, probably a cat owner. My black lab, Dusty, is on a choker chain in the garage. This "dog catcher" described herself as an Orono police department employee. This female threatened me with a $40 citation or buy another license, one every year!!! Also, there are 4 black labs in the area.. approximately 30 cats!!! The cats scratch the.chained.up.. dogs! I My dog has to be on a choker chain in the garage why aren't cats on CHOKER CHAINS? Please answer these questions in writing. QUESTION #1 Please explain to me ...in length... why cats are not licensed when they . are pets? Who picks up the wild cats roaming the streets? QUESTION #2 What do you do with the money you collect from "dog people'l? (I hope you do not teed the wild and loose cats?) QUESTION#3 If a cat is pushing through my boards on my fence and clawing my screened in porch screens, who do I complain to and what are my rights to rid my property of these unwanted cats. I want my damaged property repaired.. _ who is responsible???? Where do T file my complaint regarding property damage?? QUESTION #4 Isn't this a definite example of prejudice and unequal treatment towards dog owners VS. cat owners. QUESTION #5 Do cats have rabies shots and if so if we are scratched or bitten by a cat wild or owned how do wc know about rubies? . QUESTION #6 Why don't you issue citations of $40.00 to cat owners?'?? I am anxiously awaiting your answer in written fonn to show my fellow dog owners your response.. .l.hereby .. . saving you some precious work time chasing dogs. Kathryn M. Kucera 474-7618 20955 Ivy Lane Shorewood,~n.S5331 ~ To: Mayor and City Council From: James C. Hurm, City Administrator Date: June 24, 1999 Re: Agenda Item #13A . There are three topics which would be appropriate for work sessions in July. Council members may know of other areas as well: Pay scale: I have been working on changes to the City's pay scale and would like to meet with the City Council in work session format to discuss ideas and to present recommendations. I would like to do that as early in July as possible. City water policies: The Council is in the midst of reviewing water policies and should continue until completed. Administrator evaluation with Tom Allen. The City Council should consider when you would be able to schedule these work sessions. . Date: 06/24/1999 Time: 07:55:59 Save AS: list CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Journal #: (Al Transaction #: (A) Check Date: (Al Check#: (r) 25959 - 26052 Bank# : (A) Ranges: Options: # of copies: 1 Check # Vendor Name Account # Title 25965 SHOREWOOD NURSERY 101-41110-245 GENERAL SUPPLIES 25966 MIDWEST COCA-COLA BOTTLIN 643-49750-254 MISC PURCHASES . 25967 EAST SIDE BEVERAGE COMPAN 642-49750-253 BEER PURCHASES 25968 MARLIN'S TRUCKING 643-49750-251 LIQUOR PURCHASES 643-49750-252 WINE PURCHASES 25969 QUALITY WINE & SPIRITS CO 643-49750-252 WINE PURCHASES 643-49750-251 LIQUOR PURCHASES 641-49750-251 LIQUOR PURCHASES 641-49750-252 WINE PURCHASES . 643-49750-251 LIQUOR PURCHASES 25970 WASTE MANAGEMENT-SAVAGE 643-49750-380 UTILITY SERVICES 25971 AMERICAN PLANNING ASSOC. 101-41910-245 GENERAL SUPPLIES Void Checks: N Check Date Type Description Jrnl# Trans Page on Check: N 06/17/1999 R 128 GIFT CERT.-ADOPT A GARDEN Invoice Total: 06/17/1999 R 123 MI SC PURCHASE Invoice 0336147 Total: 06/17/1999 R 123 BEER PURCHASE Invoice 474817 Total: 06/17/1999 R 123 FREIGHT FREIGHT Invoice 051699-643 Total: 2 06/17/1999 R 124 WINE LIQUOR Invoice 721227-00 Total: LIQUOR WINE Invoice 721228-00 Total: LIQUOR Invoice 721359-00 Total: 38 06/17/1999 R 124 39 JUNE WASTE REMOVAL Invoice 2282-0123104 Total: 06/17/1999 R 126 5 DISASTER RECOVERY PLANNING Invoice Total: 25972 DEPT OF COMMERCE - NOTRN 06/17/1999 R 124 1 101-41400-433 DUES AND SUBSCRIPTIONS NOTARY RENEWAL 101-41500-433 DUES AND SUBSCRIPTIONS NOTARY RENEWAL Invoice NAAB/HEBERT Total: 25973 HEBERT, KATHLEEN 101-21712 SEC 125 DEP CARE REIMB 101-41500-331 TRAVEL, CONFERENCE 06/17/1999 R PAYABLE SEC 125 REIMB & SCHOOLS MILEAGE 124 2 Amount 1 40.00 3 382.10 5 33.45 13 .60 13 .60 102.88 323.45 2,459.62 546.10 36.18 37.61 40.00 40.00 40.00 192.30 84.06 Kathy Invoice 40.00 382.10 33.45 27.20 426.33 3,005.72 36.18 37.61 40.00 80.00 Page: Check 40.00 382.10 33.45 27.20 3,468.23 37.61 40.00 80.00 Date: 06/24/1999 Time: 07:56:04 CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Check # Vendor Name Account # Jrnl# Title Check Date Type Description Invoice Total: 25974 MCLEOD USA 06/17/1999 R 123 101-41940-221 MAINTENANCE OF EQUIPMENT PHONE EQUIP MAINT Invoice 137243 Total: 25975 PEPSI COLA COMPANY 643-49750-254 MISC PURCHASES 06/17/1999 R 123 MISC PURCHASE Invoice 312205-05 Total: 25976 PLYMOUTH PLUMBING 101-32210 BUILDING PERMITS 101-20805 PERMIT SURCHARGES PAYABLE 06/17/1999 R 126 PERMIT REFUND PERMIT REFUND Invoice P48-99 Total: . 06/23/1999 R PERA WITHHELD PERA-CITY SHARE Invoice Total: 135 25977 PERA 101-21704 PERA WITHHOLDING PAYABLE 101-49200-121 UNALLOCATED PERA - CITY SHAR 25978 ICMA RETIREMENT TRUST-457 06/23/1999 R 101-21705 VOLUNTARY PAYROLL DEDUCTS PAYABL DEFERRED COMP Invoice Total: 135 25979 CITY COUNTY CREDIT UNION 06/23/1999 R 135 101-21705 VOLUNTARY PAYROLL DEDUCTS PAYABL PAYROLL DEDUCTIONS Invoice 062299 Total: 06/23/1999 R FRANKLIN BINDER FAX MACHINE-PW PH PAGER MAINT Invoice 062299 Total: 25980 BROWN, LAWRENCE 101-43010-245 GENERAL SUPPLIES 101-43050-540 MACHINERY & EQUIPMENT 101-43010-321 COMMUNICATIONS - CELLULAR 135 . 25981 MN CHILD SUPPORT PMT CTR 101-21705 VOLUNTARY PAYROLL DEDUCTS 06/23/1999 R 135 PAYABL CHILD SUPPORT-C. SCHMID Invoice 062299 Total: 25982 NAAB' THERESA 101-41400-331 TRAVEL, CONFERENCE & 06/23/1999 R 133 SCHOOLS TUITION REIMB/MlLEAGE Invoice Total: 25983 NIELSEN, BRADLEY 06/23/1999 R 135 101-21711 SEC 125 HEALTH CARE REIMB PAYABL SEC 125 REIMB Invoice 062199 Total: 06/23/1999 R UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES W UTILITIES 25984 NORTHERN STATES POWER 101-42100-380 UTILITY SERVICES 101-43160-380 UTILITY SERVICES 101-43160-399 UTILITIES - STREET LIGHTS 101-45200-380 UTILITY SERVICES 601-49400-394 UTILITIES - AMES BURY WELL 601-49400-396 UTILITIES - BOULDER BRIDGE 135 Trans 64 23 17 Amount 7 253.23 1 117.15 2 140.00 .50 1 1,513 .14 1,650.12 2 1,130.40 3 1,230.80 99.58 162.90 218.54 4 173 .51 918.62 100.00 5 3.14 206.18 2,407.85 15.07 1,158.70 644.85 Kathy Invoice 276.36 253.23 117.15 140.50 3,163.26 1,130.40 1,230.80 481.02 173.51 918.62 100.00 Page: 2 Check 276.36 253.23 117.15 140.50 3,163.26 1,130.40 1,230.80 481. 02 173.51 918.62 100.00 Dace: 06/24/1999 Time: 07:56:09 Check # Vendor Name Account # Title CITY OF SHOREWOOD FM Entry - Invoice Cash Disbursement Journal Check Date Type Description Jrnl # Trans 601-49400-397 UTILITIES - WOOJ3AVEN WELL UTILITIES 601-49400-398 UTILITIES - SE ~~EA WELL/TOW UTILITIES 611-49450-380 UTILITY SERVICES UTILITIES 642-49750-380 UTILITY SERVICES UTILITIES Invoice Total: 25985 PAZANDAK, JOSEPH 06/23/1999 R 135 101-42400-331 TRAVEL, CONFERENCE & SCHOOLS MILEAGE Invoice 061899 Total: 25986 RIDGEDALE CENTER 101-41110-245 GENERAL SUPPLIES 06/23/1999 R 135 GIFT CERTIFICATE-JOHNSON Invoice Total: 25987 ROLEK, ALAN 06/23/1999 R 101-21711 SEC 125 HEALTH CARE REIMB PAYABL SEC 125 REIMB Invoice 062299 Total: . 135 25988 US POSTMASTER 06/23/1999 R 135 101-41110-351 PRINTING AND Pu3LISHING JULY NEWSLETTER POSTAGE Invoice Total: 25989 ANDERSON, HAROLD V. 631-49600-400 CONTRACTUAL SERVICES 25990 QUALITY WINE & SPIRITS CO 642-49750-251 LIQUOR PURCHASES 642-49750-252 WINE PURCHASES 642-49750-251 LIQUOR PURCHASES 641-49750-251 LIQUOR PURCHASES . 641-49750-252 WINE PURCHASES 641-49750-251 LIQUOR PURCHASES 643-49750-251 LIQUOR PURCHASES 643-49750-252 WINE PURCHASES 06/23/1999 R 133 REPLACE 2 TRASH CANS Invoice Total: 06/23/1999 R 135 LIQUOR WINE Invoice 721226-00 Total: LIQUOR CREDIT Invoice 722434-00 Total: LIQUOR CREDIT Invoice 723107-00 Total: WINE LIQUOR Invoice 723541-00 Total: LIQUOR WINE Invoice 723542-00 Total: 25991 ABDO, ABDO, AND EICK 06/29/1999 R 123 101-41500-301 AUDITING & ACCOUNTING SERVIC 1998 AUDIT SERVICES 601-49400-301 AUDITING & ACCOUNTING SERVIC 1998 AUDIT SERVICES 611"49450-301 AUDITING & ACCOUNTING SERVIC 1998 AUDIT SERVICES 641-49750-301 AUDITING & ACCOUNTING SERVIC 1998 AUDIT SERVICES 642-49750-301 AUDITING & ACCOUNTING SERVIC 1998 AUDIT SERVICES 643-49750-301 AUDITING & ACCOUNTING SERVIC 1998 AUDIT SERVICES Invoice 0017857 Total: 25992 ALL STEEL PRODUCTS. CO. 631-49600-245 GENERAL SUPPLIES 06/29/1999 R 133 24 FERNCROFT CULVERT REPAIR Invoice 3081 Total: 16 13 39 58 9 6 6 Operator: Amount 228.33 1,896.37 114.98 620.72 63.24 250.00 90.00 648.42 46.28 761.00 788.53 -17.76 -368.47 701. 86 168.50 377.55 61. 20 1,374.00 183.20 183.20 183.20 183.20 183.20 695.98 Kathy Invoice 7,296.19 63.24 250.00 90.00 648.42 46.28 1,549.53 -17.76 -368.47 870.36 438.75 2,290.00 695.98 Page: Check 7,296.19 63.24 250.00 90.00 648.42 46.28 2,472.41 2,290.00 695.98 . Date: 06/24/1999 Time: 07:56:14 Check # Vendor Name Accou:1t n Title CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Check Date Type Description Jrna Trans 25993 ANCHOR PAPER COMPANY 06/29/1999 R 135 101-41110-351 PRINTING AND PUBLISHING NEWSLETTER PAPER Invoice 116879401 Total: 25994 ARMOR LOCK & ALARM SVCS 643-49750-400 CONTRACTUAL SERVICES 25995 B & J AUTOMOTIVE 101-43050-221 MAINTENANCE OF 25996 GREENMAN TECHNOLOGIES INC 621-49550-400 CONTRACTUAL SERVICES 06/29/1999 R 135 ALARM MONITORING QTR Invoice 29524 Total: 20 06/29/1999 R EQUIPMENT EQUIP MAINT Invoice 15065 133 Total: 06/29/1999 R 126 TIRE CAGE-SPRING CLEAN UP Invoice 54276 Total: 25997 BRAUN PUMP & CONTROLS 06/29/1999 R 611-49450-221 MAINTENANCE OF EQUIPMENT EMERGENCY PUMP Invoice 002508 25998 BRYAN ROCK PRODUCTS, INC. 101-45200-245 GENERAL SUPPLIES 101-43100-245 GENERAL SUPPLIES 25999 BSN SPORTS 101-45200-245 GENERAL SUPPLIES 26000 CHANHASSEN-CITY OF 101-43010-245 GENERAL SUPPLIES 133 REPAIRS Total: 29 06/29/1999 R 133 33 ROCK FOR PARKS ROCK FOR STREETS Invoice S246-05 Total: 06/29/1999 R 133 5 CATHCART BASKETBALL HOOPS Invoice 90032354 Total: 06/29/1999 R ENG SUPPLIES Invoice Total: 133 32 . 26001 COLLINS ELECTRICAL SYSTEM 06/29/1999 R 133 31 101-43160-221 MAINTENANCE OF EQUIPMENT SIGNAL REPAIR 7/0LD MARKET Invoice BG20967 Total: 404-48000-315 ENGINEERING - CONSTRUCTION S EVP CO RD 19/HWY 7 FINAL Invoice EVP PROJ Total: 26002 ESS BROTHERS & SONS INC 101-43100-245 GENERAL SUPPLIES 101-43100-245 GENERAL SUPPLIES 101-43100-245 GENERAL SUPPLIES 26003 EXCELSIOR-CITY OF 101-42200-400 CONTRACTUAL SERVICES 611-49450-386 EXCELSIOR SEWER CHARGES 06/29/1999 R 133 STREEET SUPPLIES Invoice BB3809 Total: STREET SUPPLIES Invoice BB3873 Total: STREET SUPPLIES Invoice BB3910 Total: 26 06/29/1999 R 133 2ND QTR FIRE PROTECTION Invoice Total: 2ND QTR SEWER RENTAL FEE Invoice 070199 Total: 17 Amount 7 213 .18 145.12 2 279.42 4 405.00 219.00 192 . 11 759.85 1,193.70 26.63 93.00 17,676.94 384.47 170.40 712.49 39,351. 50 2,849.21 Kathy Invoice 213.18 145.12 279.42 405.00 219.00 951 . 96 1,193.70 26.63 93.00 17,676.94 384.47 170.40 712.49 39,351.50 2,849.21 Page: 4 Check 213 . 18 145.12 279.42 405.00 219.00 951.96 1,193.70 26.63 17,769.94 1,267.36 42,200.71 Date: 06/24/1999 Time: 07:56:17 CITY OF SHORE WOOD FM Entry - Invoice Cash Disbursement Journal Operator: Kathy Page: 5 Check It Account It Vendor Name Title Check Date Type Description Jrnllt Trans Amount Invoice Check 26004 FRONTIER ELECTRIC 06/29/1999 R 133 37 611-49450-580 OTHER IMPROVEMENTS WEATHERPROOF ELEC @ LIFT STATIO 2,527.50 Invoice 26124 Total: 2,527.50 2,527.50 26005 GOPHER STATE ONE-CALL, IN 06/29/1999 R 133 21 601-49400-400 CONTRACTUAL SERVICES MAY ONE CALL SERVICE 41.13 611-49450-400 CONTRACTUAL SERVICES MAY ONE CALL SERVICE 41.12 Invoice 9050643 Total: 82.25 82.25 26006 HENN CO TREASURER 06/29/1999 R 124 5 101-41600-400 CONTRACTUAL ASSESSOR SERVICE CTY ASSESSOR-2ND HALF 34,324.71 Invoice CA9933 Total: 34,324.71 34,324.71 26007 HOPKINS PARTS COMPANY 06/29/1999 R 133 40 101-43050-245 GENERAL SUPPLIES SUPPLIES 53.85 Invoice 84195 Total: 53.85 53.85 . 26008 KENNEDY & GRAVEN 06/29/1999 R 126 3 101-41600-304 LEGAL FEES MAY LEGAL 26.70 490-48000-304 LEGAL FEES MAY SR CTR LEGAL 2,120.56 Invoice MAY99 Total: 2,147.26 2,147.26 26009 KAR PRODUCTS 06/29/1999 R 133 35 101-43050-245 GENERAL SUPPLIES SUPPLIES 39.59 Invoice 403739 Total: 39.59 39.59 26010 M/A ASSOCIATES INC. 06/29/1999 R 133 34 101-43050-245 GENERAL SUPPLIES SUPPLIES 52.39 101-45200-245 GENERAL SUPPLIES SUPPLIES 195.99 Invoice 016606 Total: 248.38 248.38 26011 MTI DISTRIBUTING COMPANY 06/29/1999 R 133 3 101-43050-221 MAINTENANCE OF EQUIPMENT EQUIP MAINT 154.85 Invoice I282533 Total: 154.85 154.85 . 26012 MEDTOX LABORATORIES 06/29/1999 R 107 2 641-49750-400 CONTRACTUAL SERVICES EMPLOYMENT DRUG TEST-SWANDBY 26.00 Invoice 059924434 Total: 26.00 26.00 26013 MCLEOD USA 06/29/1999 R 133 11 101-41940-321 COMMUNICATIONS - TELEPHONE MAY COMMUNICATION EXP 554.70 101-43050-321 COMMUNICATIONS - TELEPHONE MAY COMMUNICATION EXP 95.22 601-49400-396 UTILITIES - BOULDER BRIDGE W MAY COMMUNICATION EXP 95.22 601-49400-395 UTILITIES - BADGER WELL MAY COMMUNICATION EXP 47.61 641-49750-321 COMMUNICATIONS - TELEPHONE MAY COMMUNICATION EXP 107.52 642-49750-321 COMMUNICATIONS - TELEPHONE MAY COMMUNICATION EXP 102.14 643-49750-321 COMMUNICATIONS - TELEPHONE MAY COMMUNICATION EXP 54.01 Invoice 2950606 Total: 1,056.42 1,056.42 26014 METRO COUNCIL ENVIRONMENT 06/29/1.999 R 113 5 611-49450-385 MCES SEWAGE TREATMENT CHARGE JULY SEWER TREATMENT 23,336.38 Invoice 688552 Total: 23,336.38 23,336.38 . Date: 06/24/1999 Time: 07:56:21 CITY OF SHOREWOOD Operator: \ FM Entry - Invoice Cash Disbursement Journal Check # Vendor Name Account # Title 26015 METRO COUNCIL ENVIRONMENT 611-20820 MCES SAC CHARGES PAYABLE 26016 OFFICE DEPOT 101-41400-200 OFFICE SUPPLIES Check Date Type Description Jrnlll Trans 06/29/1999 R MAY SAC Invoice MAY Total: 125 06/29/1999 R 133 OFFICE SUPPLIES Invoice 71158060 Total: 10 26017 MINNESOTA CRANE CORP. 06/29/1999 R 133 101-43050-223 MAINTENANCE OF BUILDINGS OSHA CRANE INSPECTION Invoice 0030839 Total: 26018 MCFOA 06/29/1999 R 101-41400-433 DUES AND SUBSCRIPTIONS ANNUAL DUES-NAAB Invoice NAAB Total: 26019 MOUND-CITY OF 101-42200-400 CONTRACTUAL SERVICES 26020 WM. MUELLER & SONS, INC. 101-34104 "PASS-THRU" CHARGES 26021 MUNITECH, INC. 601-49400-400 CONTRACTUAL SERVICES 611-49450-400 CONTRACTUAL SERVICES 26022 NORTHERN DEWATERING, INC 631-49600-440 MISC SERVICES 80 14 06/29/1999 R 91 3RD QTR FIRE PROTECTION Invoice 797 Total: 06/29/1999 R 107 21 BLACKTOP Invoice 2451/2527/2700/283 Tota 06/29/1999 R 117 JULY WATER MAINT JULY SEWER MAINT Invoice 7226 Total: 2 06/29/1999 R 133 STORM WATER DRAINAGE Invoice 10465 Total: 27 . 26023 ORONO, CITY OF 06/29/1999 R 133 101-42700-400 CONTRACTUAL ANIMAL CONTROL S JUNE ANIMAL CONTROL Invoice 1126-99 Total: 14 26024 PAWS, CLAWS & HOOVES PET 06/29/1999 R 117 101-42700-400 CONTRACTUAL ANIMAL CONTROL S JUNE SERVICE/MAY BOARDING Invoice 060199 Total: 26025 POMMER COMPANY, INC. 101-41400-200 OFFICE SUPPLIES 26026 PROTOCOL COMMUNICATIONS, INC 101-41940-400 CONTRACTUAL SERVICES 1 06/29/1999 R 133 OFFICE HOURS PLATE Invoice 045780 Total: 22 06/29/1999 R JUL-SEP Invoice 124 WEB SERVICE 99061088 Total: 4 26027 RYAN CONTRACTING, INC. 06/29/1999 R 138 1 601-16501 CONST IN PROGRESS-1996 SMITHTOWN FINAL PMT WATERMAIN PROJECT Invoice FINAL Total: Amount 1 3,118.50 594 . 76 7 254.70 30.00 2 2,237.25 1,673.50 4,830.00 2,070.00 730.30 1,386.18 469.67 15.68 75.00 80,352.61 Kathy Invoice 3,118.50 594 . 76 254.70 30.00 2,237.25 1,673.50 6,900.00 730.30 1,386.18 469.67 15.68 75.00 80,352.61 Page: 6 Check 3,118.50 594.76 254.70 30.00 2,237.25 1,673.50 6,900.00 730.30 1,386.18 469.67 15.68 75.00 80,352.61 Date: 06/24/1999 Time: 07:56:25 CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Kathy Page: 7 Check ~ Vendor Name Account ~ Title -------------------------------------------------------------------------------------------------------------------------------- Amount Invoice Check 26028 SHOREWOOD NURSERY 101-45200-245 GENERAL SUPPLIES Check Date Type Description Jrnlll 06/29/1999 R 133 SHRUBS-SILVERWOOD Invoice 40347 Total: 26029 SHOREWOOD TRUE VALUE 101-41940-223 MAINTENANCE OF 06/29/1999 R 133 BUILDINGS FURNACE REPAIRS Invoice 30067 Total: 26034 AT&T WIRELESS SERVICES 06/29/1999 R 135 11 611-49450-321 COMMUNICATIONS - TELEPHONE AIRTIME Invoice 2893733-06 Total: 101-43010-321 COMMUNICATIONS - CELLULAR PH AIRTIME 101-42400-321 COMMUNICATIONS - CELLULAR PH AIRTIME 101-41910-321 COMMUNICATIONS - CELLULAR PH AIRTIME Invoice 4160966-06 Total: 26030 SO LK MTKA PUB SAFETY DEP 101-42100-400 CONTRACTUAL SERVICES 26031 TALLEN & BAERTSCHI 101-41600-304 LEGAL FEES . 26032 TIME SAVER OFF SITE SEC 101-41910-400 CONTRACTUAL SERVICES 26033 TWIN CITY WATER CLINIC 601-49400-400 CONTRACTUAL SERVICES 06/29/1999 R 91 JULY POLICE BUDGET Invoice 070199 Total: 06/29/1999 R 133 MAY PROSECTION Invoice 9766 Total: 06/29/1999 R PLAN COMM MTG Invoice 11774 113 MINUTES Total: Trans 4 325.89 325.89 325.89 06/29/1999 R 126 WATER TESTING Invoice 5451 Total: 16 34.05 34.05 34.05 40,789.70 40,789.70 40,789.70 15 84.88 84.88 84.88 2 76.00 76.00 76.00 1 20.00 20.00 20.00 15.49 15.49 38.34 25.29 54.74 118.37 133.86 12 . 26035 US WEST 601-49400-397 06/29/1999 R 133 UTILITIES - WOODHAVEN WELL COMMUNICATIONS Invoice 474-8310-06 Total: 46.26 46.26 46.26 26036 US WEST DEX 641-49750-342 ADVERTISING 642-49750-342 ADVERTISING 06/29/1999 R 135 61 & PROMOTIONS ADVERTISING & PROMOTIONS ADVERTISING Invoice 005432913000 Total: 85.40 198.70 26037 VILLAGE CHEVROLET 06/29/1999 R 133 101-43050-221 MAINTENANCE OF EQUIPMENT EQUIP MAINT + TAX Invoice 234033 Total: 26038 WARNING LITES OF MN, INC. 631-49600-440 MISC SERVICES 26039 wSB AND ASSOCIATES 101-34104 .PASS-THRUn CHARGES 06/29/1999 R 133 STORM WATER PROJECT Invoice 1058140 Total: 06/29/1999 R 133 54 WATTEN PONDS Invoice 1074.01-11 Total: 284.10 284.10 25 281.74 281. 74 281. 74 30 234.87 234.87 234.87 82.50 82.50 Date: 06/24/1999 Time: 07:56:29 CITY OF SHOREWOOD Operat~r: FM Entry - Invoice Cash Disbursement Journal Kathy Page: 8 Check ~ Vendor Name Account ~ Title Check Date Type Description Jrnl# Trans Amount Invoice Check 631-49600-580 OTHER IMPROVEMENTS STORM WATER PLAN 3,346.13 Invoice 1074.08-16 Total: 3,346.13 460-48000-315 ENGINEERING - CONSTRUCTION S STRAWBERRY LN 605.00 Invoice 1074.14-12 Total: 605.00 101-34104 "PASS-THRun CHARGES MARY LK ADDN 110.00 Invoice 1074.21-04 Total: 110.00 490-48000-315 ENGINEERING - CONSTRUCTION S SR CTR ENG 5,109.75 Invoice 1074.25-04 Total: 5,109.75 101-34103 ZONING AND SUBDIVISION FEES CHRISTMAS SHORE ENG 2,750.00 Invoice 1074.27-05 Total: 2,750.00 404-48000-313 ENGINEERING - DESIGN STAGE OLD MARKET RD WALL 13 9.50 Invoice 1074.34-07 Total: 139.50 405-48000-312 ENGINEERING - FEASIBILITY ST EUREKA RD/FREEMAN PK WATER 1,537.30 Invoice 1074.38-02 Total: 1,537.30 101-43010-303 ENGINEERING FEES SHADY ISLAND BRIDGE 93.00 Invoice 1074.4-02 Total: 93.00 . 405-48000c312 ENGINEERING - FEASIBILITY ST TRAIL IMP 749.75 Invoice 1074.41-01 Total: 749.75 101-43010-303 ENGINEERING FEES BLDR WALL REPAIR ENG 315.00 Invoice 1074.42-01 Total: 315.00 404-48000-315 ENGINEERING - CONSTRUCTION S HWY 7 EVP 60.00 Invoice 1119.00-09 Total: 60.00 405-48000-313 ENGINEERING - DESIGN STAGE CO RD 19 IMP ENG 383.50 Invoice 1120.00-12 Total: 383.50 405-48000-303 ENGINEERING FEES CO RD 19 IMP ENG 1,130.13 Invoice 1120.00-13 Total: 1,130.13 405-48000-303 ENGINEERING FEES 7/41 IMP ENG 1,820.00 Invoice 1122.00-09 Total: 1,820.00 404-48000-313 ENGINEERING - DESIGN STAGE NOBLE RD IMP ENG 2,371.10 Invoice 1151.00-03 Total: 2,371.10 404-48000-313 ENGINEERING - DESIGN STAGE NOBLE RD ENG 968.63 Invoice 1151.00-04 Total: 968.63 611-49450-580 OTHER IMPROVEMENTS SHADY ISLAND LIFT STATION 1,432.00 Invoice 1162.00-03 Total: 1,432.00 405-48000-312 ENGINEERING - FEASIBILITY ST EUREKA RD IMP 1,007.30 . Invoice 1169.00-02 Total: 1,007.30 24,010.59 26040 ADAMS, JEFFREY 06/29/1999 R 133 6 101-43050-440 MISC SERVICES TIRE REPAIR DUE TO PARK DAMAGE 133.05 Invoice Total: 133.05 133.05 26041 BUREAU OF ALCOHOL, TOBACCO 06/29/1999 R 80 11 643-49750-437 TAXES/LICENSES RENEWAL TAX 250.00 Invoice 41-6008060 Total: 250.00 641-49750-437 TAXES/LICENSES SPECIAL TAX RENEWAL 250.00 642-49750-437 TAXES/LICENSES SPECIAL TAX RENEWAL 250.00 Invoice 416005142 Total: 500.00 750.00 642-49750-251 LIQUOR PURCHASES 06/29/1999 R 109 LIQUOR PURCHASE Invoice 16610900 Total: LIQUOR Invoice 16647000 Total: 3 26042 BELLBOY CORPORATION 642-49750-251 LIQUOR PURCHASES 1,581.33 1,581.33 830.30 830.30 Date: 06/24/1999 Time: 07': 56: 34 CITY OF SHOREWOOD FM Entry - Invoice Cash Disbursement Journal Check # Account # Vendor Name Title Check Date Type Description Jrnl# Trans 641-49750-251 LIQUOR PURCHASES LIQUOR Invoice 16655200 Total: 26043 BELLBOY BAR SUPPLY 06/29/1999 R 113 9 641-49750-254 MISC PURCHASES MISC Invoice 1906800 Total: 641-49750-254 MI SC PURCHASES MISC 641-49750-245 GENERAL SUPPLIES SUPPLIES Invoice 29840100 Total: 642-49750-254 MISC PURCHASES MISC Invoice 29860400 Total: 26044 DAHLHEIMER DIST INC 06/29/1999 R 135 26 641-49750-253 BEER PURCHASES BEER PURCHASE Invoice 5069-06 Total: 643-49750-253 BEER PURCHASES BEER Invoice 5146-06 Total: . 26045 GRIGGS, COOPER & COMPANY 06/29/1999 R 113 11 641-49750-252 WINE PURCHASES WINE Invoice 060399 Total: 642-49750-251 LIQUOR PURCHASES LIQUOR Invoice 110978 Total: 641-49750-251 LIQUOR PURCHASES LIQUOR 641-49750-254 MISC PURCHASES MISC Invoice 61509 Total: 642-49750-252 WINE PURCHASES WINE PURCHASE Invoice 61512 Total: 642-49750-251 LIQUOR PURCHASES LIQUOR Invoice 61513 Total: 643-49750-251 LIQUOR PURCHASES LIQUOR Invoice 61523 Total: 642-49750-252 WINE PURCHASES WINE Invoice 63107 Total: 642-49750-251 LIQUOR PURCHASES LIQUOR . Invoice 63108 Total: 26046 JOHNSON BROS LIQUOR CO. 06/29/1999 R 123 4 642-49750-252 WINE pURCHASES WINE CREDIT Invoice 91672 Total: 643-49750-252 WINE PURCHASES WINE CREDIT Invoice 92114 Total: 643-49750-251 LIQUOR PURCHASES LIQUOR CREDIT Invoice 92558 Total; 641-49750-251 LIQUOR PURCHASES LIQUOR 641-49750-252 WINE PURCHASES WINE Invoice 982470 Total: 641-49750-251 LIQUOR PURCHASES LIQUOR 641-49750-252 WINE PURCHASES WINE Invoice 983955 Total: 643-49750-251 LIQUOR PURCHASES LIQUOR 643-49750-252 WINE PURCHASES WINE Invoice 983956 Total: Operator: Page: 9 Kathy Amount Invoice Check 1,053.80 1,053.80 3,465.43 205.00 205.00 35.92 74.28 110.20 14.80 14.80 376.20 376.20 142.00 142.00 330.00 518.20 363.50 363.50 43.52 43.52 3,652.78 29.08 3,681.86 468.10 468.10 518.71 518.71 2,055.06 2,055.06 20.10 20.10 627.79 627.79 7,778.64 -27.30 -27.30 -50.60 -50.60 -31. 00 -31. 00 579.00 458.08 1,037.08 3,086.20 636.90 3,723.10 606.62 86.85 693.41 Date: 06/24/1999 Time: 07: 56: 38 Check # Vendor Name Account # Title CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Check Date Type Description Jrnl# Trans 641-49750-252 WINE PURCHASES WINE Invoice 984074 Total: 643-49750-251 LIQUOR PURCHASES LIQUOR 643-49750-252 WINE PURCHASES WINE Invoice 984075 Total: 642-49750-254 MISC PURCHASES MISC 642-49750-251 LIQUOR PURCHASES LIQUOR Invoice 984988 Total: 643-49750-251 LIQUOR PURCHASES LIQUOR Invoice 986179 Total: 642-49750-252 WINE PURCHASES WINE Invoice 986323 Total: 26047 LAKE REGION VENDING 06/29/1999 R 109 6 642-49750-254 MISC PURCHASES MISC PURCHASE Invoice 7185 Total: . 641-49750-254 MISC PURCHASES MISC Invoice 7186 Total: 643-49750-254 MISC PURCHASES MISC Invoice 7187 Total: 26048 LEEF BROS 643-49750-400 CONTRACTUAL SERVICES 26049 PAUSTIS WINE COMPANY 642-49750-252 WINE PURCHASES 642-49750-253 BEER PURCHASES 641-49750-253 BEER PURCHASES 641-49750-252 WINE PURCHASES 643-49750-252 WINE PURCHASES 643-49750-253 BEER PURCHASES . 26050 PHILLIPS WINE & SPIRITS 642-49750-252 WINE PURCHASES 642-49750-251 LIQUOR PURCHASES 642-49750-251 LIQUOR PURCHASES 642-49750-251 LIQUOR PURCHASES 642-49750-252 WINE PURCHASES 641-49750-252 WINE PURCHASES 643-49750-252 WINE PURCHASES 643-49750-251 LIQUOR PURCHASES 642-49750-252 WINE PURCHASES 06/29/1999 R 124 MATS Invoice 926229 Total: 30 06/29/1999 R 124 31 WINE BEER Invoice 110271 Total: BEER WINE Invoice 110274 Total: WINE BEER Invoice 110275 Total: 06/29/1999 R 135 50 WINE CREDIT LIQUOR CREDIT Invoice 3195531 Total: LIQUOR CREDIT Invoice 3196189 Total: LIQUOR WINE Invoice 498612 Total: WINE Invoice 501112 Total: WINE Invoice 501113 Total: LIQUOR Invoice 501963 Total: WINE Invoice 502269 Total: Kathy Page: 10 Amount Invoice Check 272 _ 48 272.48 458.00 332.35 790.35 58.04 481. 27 539.31 833.54 833.54 572.83 572.83 8,353.26 278.63 278.63 303.96 303.96 303.96 303.96 27.51 27.51 188.68 44.00 232.68 27.00 315.00 342.00 131.00 64.00 195.00 -32 .18 -25.28 -57.46 -276.39 -276.39 375.34 264.93 640.27 1,788.15 1,788.15 835.87 835.87 262.00 262.00 634.89 634.89 886.55 27.51 769.68 Date: 06/24/1999 Time: 07:56:41 CITY OF S"HOREWOOD Operator: FM Entry - Invoice ca~h Disbursement Journal Kathy Page: 11 Check # Account # Vendor Name Title Check Date TYpe Description Jrnl# Trans Amount Invoice Check -------------------------------------------------------------------------------------------------------------------------------- 642"49750-251 LIQUOR PURCHASES LIQUOR 462.53 642-49750-252 WINE PURCHASES WINE 76.23 Invoice 502652 Total: 538.76 642-49750-252 WINE PURCHASES WINE 168.00 Invoice 503072 Total: 168.00 4,534.09 26051 WINE COMPANY (THE) 06/29/1999 R 124 41 642-49750-252 WINE PURCHASES WINE 480.33 Invoice 22350 Total: 480.33 641-49750-252 WINE PURCHASES WINE 337.40 Invoice 22361 Total: 337.40 643-49750-252 WINE PURCHASES WINE 166.71 Invoice 22366 Total: 166.71 984.44 26052 WINE MERCHANTS 06/29/1999 R 135 63 642-49750-252 WINE PURCHASES WINE 210.60 Invoice 18741 Total: 210.60 210.60 . 347,516.71* . Payroll Register Check # Last Name First Name MI Check Amt Check Date 214534 BASTYR CONNIE D 417.03 6/22/99 214535 BEAULIEU JIM R 146.73 6/22/99 214536 BROWN LA WRENCE A 1,620.85 6/22/99 214537 BUHL SUSAN E 270.18 6/22/99 214538 COLE ANGELA M 664.99 6/22/99 214539 DA VIS CHARLES S 877.50 6/22/99 214540 DVORAK BROOKE A 148.51 6/22/99 214541 FIELDS MICHAEL R .494.06 6/22/99 . 214542 GARFUNKEL JOHN J 184.70 6/22/99 214543 GROUT TWILA R 698.48 6/22/99 214544 HEBERT KATHLEEN A 596.44 6/22/99 214545 HELGESEN PATRICIA R 571.12 6/22/99 214546 HELLING PAMELA J 592.87 6/22/99 214547 HEURKINS MARK K 328.61 6/22/99 214548 HURM JAMES C 1,805.64 6/22/99 214549 JAKEL BRIAN D 55.4 I 6/22/99 214550 JENSEN JEFFREY A 950.42 6/22/99 214551 JOHNSON DENNIS D 954.36 6/22/99 214552 JONES DEBRA J 132.39 6/22/99 . 214553 JOSEPHSON WILLIAM F 629.86 6/22/99 214554 KREGER KYMBERL Y K 195.81 6/22/99 214555 LATTERNER SUSAN M 664.99 6/22199 214556 LEVITT ADAM L 205.48 6/22/99 214557 LIZEE CHRISTINE G 184.70 6/22/99 214558 LOVE CLIFFORD W 219.24 6/22/99 214559 LUGOWSKI JOSEPH P 837.14 6/22/99 214560 LUND JASON R 193.66 6/22/99 214561 MARRON RUSSELL R 40.10 6/22/99 Tuesday, June 22, 1999 Page 1 of2 Check # Last Name First Name MJ Check Amt Check Date 214562 MASON BRADLEY J 918.16 6/22/99 214563 NAAB THERESA L 522.88 6/22/99 214564 NICCUM LAWRENCE A 1,182.83 6/22/99 214565 NICOLI ANTHONY L 494.06 6/22/99 214566 NIELSEN BRADLEY J 908.38 6/22/99 214567 PAZANDAK JOSEPH E 1,165.28 6/22/99 214568 PEARSON BRADLEY A 412.38 6/22/99 214569 POUNDER CHRISTOPHER J 1,011.21 6/22/99 214570 RANDALL DANIEL J 984.01 6/22/99 214571 REINSTRA BRIAN C 100.20 6/22/99 . 214572 ROERICK BRIAN M 36.90 6/22/99 214573 ROLEK ALAN J 1,204.74 6/22/99 214574 RUTLEDGE PATRICK 0 28.63 6/22/99 214575 SCHMID CHRISTOPHER E 491.48 6/22/99 214576 SCHMID R CONRAD 25.06 6/22/99 214577 STOVER KRISTI 184.70 6/22/99 214578 SWANDBY DONALD R 533.45 6/22/99 214579 ZERBY MICHAEL S 184.70 6/22/99 Total of Checks $25,070.32 . Tuesday, June 22, 1999 Page 2 of2