AGENDA MINNETONKA CITY COUNCIL REGULAR MEETING

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AGENDA MINNETONKA CITY COUNCIL REGULAR MEETING Powered By Docstoc
					                                           AGENDA

                            MINNETONKA CITY COUNCIL

                REGULAR MEETING, MONDAY, APRIL 25, 2005

                                           6:30 P.M.
                                    COUNCIL CHAMBERS



1.   CALL TO ORDER.

2.   PLEDGE OF ALLEGIANCE.

3.   ROLL CALL: Schneider-Callison-Thomas-Wagner-Ellingson-Wiersum-Anderson

4.   APPROVAL OF AGENDA.

5.   APPROVAL OF MINUTES:

     A.   April 11, 2005 regular council meeting.

     B.   April 11, 2005 board of review meeting.

6.   SPECIAL MATTERS:

     A.   Proclamation declaring April 29th as Arbor Day.

     B.   Proclamation declaring the week of May 1st as Days of Remembrance.

     C.   Proclamation declaring the month of June as GLBT Pride Celebration Month.

7.   REPORTS FROM CITY MANAGER & COUNCIL MEMBERS.

8.   CITIZENS WISHING TO DISCUSS MATTERS NOT ON THE AGENDA.

9.   BIDS AND PURCHASES:

     A.   Consideration of bids for the Park Renewal improvement project at Junction
          Park.

          RECOMMENDATION: Award bid to the lowest responsible bidder (4
          VOTES).




                Minnetonka City Council meetings are broadcast live on channel 16.
              Replays of this meeting can be seen during the following days and times:
                            Mondays, 6:30 p.m., Wednesdays, 6:30 p.m.,
                              Fridays, 12:00 p.m., Saturdays, 12:00 p.m.
              For more information, please call 952.939.8200 or visit eminnetonka.com
CITY COUNCIL AGENDA                          Page 2                                APRIL 25, 2005

9.      BIDS AND PURCHASES – continued:

        B.      Consideration of bids for the renovation of the Minnetonka Boulevard lift
                station.

                RECOMMENDATION: Award bid to the lowest responsible bidder (4
                VOTES).

        C.      Items pertaining to the 2005 Emergency Vehicle Preemption System Project
                No. 4126.

                RECOMMENDATION: Award bid to lowest responsible bidder and adopt the
                resolution (4 VOTES).

                                          CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the city council and will be
enacted by one motion. There will be an explanation but no separate discussion on these items. If
discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.
Concerning motions before the council, the council has provided that all motions of the council shall include
staff and commission recommendations as set out in tabular form unless specifically stated otherwise.

10.     Items requiring a majority vote:

        A.      Claims for council authorization – April 25, 2005.

        B.      Ordinance regarding liquor licenses.

        C.      Resolution receiving feasibility report, ordering improvements in, and
                authorizing the preparation of plans and specifications for the Excelsior Circle
                Drainage Improvement Project No. 5614.

        D.      Resolution accepting plans and specifications and authorizing the
                advertisement for bids for the Susan Lane Storm Sewer Improvement Project
                No. 5616.

        E.      Authorization to sell additional Shady Oak Lake Cemetery plots.

        F.      Final approval of the TWELVE OAKS CENTER THIRD ADDITION plat at
                15550 Wayzata Boulevard.

        G.      Preliminary and final approval of the WEINARD ADDITION plat to divide the
                existing property into two lots at 12802 Sheffield Curve for Michael Weinard.

        H.      Qwest easement on city-owned property (13209 E. McGinty Road – Burwell
                site) for DSL equipment.

        I.      Approve Minnetonka participation in the Twin Cities Community Capital Fund
                (TCCCF).
CITY COUNCIL AGENDA                        Page 3                                APRIL 25, 2005

11.   Items requiring Five Votes:

      A.      Preliminary plat, with lot width at the right-of-way variance, to divide 17224
              Lake Street Extension into two lots for Gene Stageberg.

12.   INTRODUCTION OF ORDINANCES:
      An ordinance must be considered by the city council at two regular meetings before adoption. At the
      first meeting, the ordinance is introduced by the council. The city council may discuss and /or refer
      the ordinance to an advisory board for review and public comment. The ordinance will be placed on
      a second city council meeting agenda for adoption.

      A.      Ordinance regarding pawnbrokers and precious metal dealers.

              RECOMMENDATION: Introduce the ordinance (4 VOTES).

13.   PUBLIC HEARINGS: None.

14.   OTHER BUSINESS:

      A.      Preliminary plat, with a lot width at the right-of-way variance, at 209 Park
              Lane South for Peter J. Bren & Son, Inc.

              RECOMMENDATION: Deny the preliminary plat (4 VOTES to deny; 5
              VOTES to approve).

      B.      Applications to subdivide 1908 Linner Road into six lots for CoPar
              Development, LLC.

              RECOMMENDATION: Approve the requests (5 VOTES).

      C.      MERIT Organizational Component.

              RECOMMENDATION: None required.

15.   APPOINTMENTS and REAPPOINTMENTS:

      A.      Appointment to the planning commission.

              RECOMMENDATION: Approve the appointment.

16.   ADJOURNMENT.
                           MINUTES
                   MINNETONKA CITY COUNCIL
             REGULAR MEETING, MONDAY, APRIL 11, 2005

1.   CALL TO ORDER.

     Mayor Anderson called the meeting to order at 6:40 p.m.

2.   PLEDGE OF ALLEGIANCE.

     All joined in the Pledge of Allegiance.

3.   ROLL CALL.

     Councilmembers Bob Ellingson, Brad Wiersum, Terry Schneider, Jan
     Callison, Al Thomas, Tony Wagner and Karen Anderson were present.

4.   APPROVAL OF AGENDA.

     City Manager John Gunyou advised that Item 10H, an antenna
     agreement, had been pulled from the agenda because no agreement had
     been reached on a lease from the city and that item would be rescheduled
     at a later date.

     Callison moved, Thomas seconded a motion to accept the agenda with
     the addendum. All voted “yes.” Motion carried.

5.   APPROVAL OF MINUTES: March 21, 2005.

     Wiersum noted a typographical error.

     Wagner moved, Thomas seconded a motion to approve the minutes of the
     March 21, 2005 Minnetonka City Council meeting. Ellingson, Wiersum,
     Schneider, Callison, Thomas and Wagner voted “yes.” Anderson
     abstained. Motion carried.

6.   SPECIAL MATTERS:

     A.     2005 Citizenship Academy.

            Anderson provided background information about the Academy.
            She and Schneider presented certificates to the graduates. Those
            present were:
               • Paul Ansolabehere
               • Sonja Dalbey
               • Larry Davis
               • Douglas Dennett
CITY COUNCIL MINUTES                PAGE 2          MEETING OF APRIL 11, 2005


                •   Kay Fredensborg
                •   David Hakensen
                •   Lois King
                •   Marty Lederman
                •   Sandi Nash
                •   John Riley
                •   Chuck Schons
                •   Betty Smithberg
                •   Gerry Zielinski.

            Anderson thanked the group for attending the program.

      B.    Recognition of former planning commissioners Cathy Maes
            and Craig Gallop.

            Callison recognized Cathy Maes and Craig Gallop for their service
            on the planning commission. Anderson presented each with a
            plaque.

            Gallop enjoyed the challenges of his five years on the commission.
            He praised staff and his colleague on the commission. He was glad
            to have made this contribution to help other residents, and
            encouraged others to join a commission as a great way to learn
            about the city.

            Maes said that she learned a great deal and also praised staff. She
            thanked the city council for the opportunity to serve.

            Wagner, who served on the planning commission with Maes and
            Gallop, thanked them for their service. They were a pleasure to
            work with, and their thoughtful preparation was appreciated.

      C.    Proclamation declaring May 15-21 as National Police Week.

            Wiersum read a proclamation declaring May 15-21 as National
            Police Week. Captain Mark Raquet thanked the council for the
            recognition.

7.    REPORTS FROM CITY MANAGER & COUNCIL MEMBERS.

      Gunyou reported on the schedule for upcoming council meetings.

      Anderson noted that the city sent a letter of recognition to Minnetonka
      resident Robert Stein, who was recently inducted into the Jewish Sports
CITY COUNCIL MINUTES                PAGE 3           MEETING OF APRIL 11, 2005


      Hall of Fame. This recognition honored his lifetime achievements in
      collegiate and professional athletics.

8.    CITIZENS WISHING TO DISCUSS MATTERS NOT ON THE AGENDA.

      No one appeared.

9.    BIDS AND PURCHASES:

      A.    Consideration of bids for the 2005 Pavement Rehabilitation
            Program.

            Gunyou provided the staff report.

            Callison moved, Thomas seconded a motion to award the bid for
            the 2005 Pavement Rehabilitation Program, Project No. 4425 to
            Thomas & Sons Construction in the amount of $1,215,891.50. All
            voted “yes.” Motion carried.

      B.    Consideration of quotes for the installation of sewer and water
            to 3564 Shady Oak Road.

            Gunyou provided the staff report.

            Wiersum moved, Thomas seconded a motion to award the quote
            for sewer and water installation at 3564 Shady Oak Road to
            Widmer Construction L.L.C. in the amount of $30,041.00. All voted
            “yes.” Motion carried.

10.   CONSENT AGENDA (Items Requiring a Majority Vote):

      A.    Claims for council authorization – March 28, 2005.

            Wiersum moved, Wagner seconded a motion to approve the March
            28, 2005 claims list, including checks numbered 188269 through
            188530, totaling $610,638.11. All voted “yes.” Motion carried.

      B.    Claims for council authorization – April 11, 2005.

            Wiersum moved, Wagner seconded a motion to approve the April
            11, 2005 claims list, including checks numbered 188531 through
            188809, totaling $1,768,556.52. All voted “yes.” Motion carried.
CITY COUNCIL MINUTES                PAGE 4            MEETING OF APRIL 11, 2005


      C.    Revision of a conditional use permit to extend the time to sell
            flowering plants and gardening supplies at 4801 County Road
            101 for Cub Foods.

            Wiersum moved, Wagner seconded a motion to adopt Resolution
            No. 2005-032 revising a conditional use permit for a nursery
            outdoor sales and display at 4801 County Road 101. Approval is
            based on the finding that the proposal meets the required
            conditional use permit standards and is subject to the following
            conditions:
            1)     Record the resolution with Hennepin County.
            2)     The city council may reasonably add or revise conditions to
                   address any future unforeseen problems.
            3)     The location of the nursery must be along the north edge of
                   the Cub Foods parking lot.
            4)     The hours of operation will be from 9:00 a.m. to 8:00 p.m.
                   Monday through Friday, and 8:00 a.m. to 6:00 p.m. on
                   Saturday and Sunday. The operation shall be limited to an
                   annual period beginning in April and ending October 31.
            5)     The water supply for the greenhouse and nursery materials
                   will not be from a fire hydrant.
            6)     The temporary greenhouse must consist of flame retardant
                   materials.
            7)     No smoking is allowed within the greenhouse and no
                   smoking signs must be posted.
            8)     The nursery shall not include a public address system.
            9)     This approval does not approve any signs at the site. A sign
                   permit application must be submitted for staff review and
                   approval. Any proposed sign must meet the requirements
                   outlined in city code.
            10)    Any change to the approved use that results in a significant
                   increase in traffic or a significant change in character would
                   require a revised conditional use permit.
            11)    The applicant must agree to the above conditions in writing.

            All voted “yes.” Motion carried.

      D.    Ordinance dropping the time limits on conditional use permits
            for nurseries and transient sales.

            Wiersum moved, Wagner seconded a motion to adopt Ordinance
            No. 2005-09 amending city code section 300.21, Subds. 4(o) and 4
            (q) concerning conditional use permit standards for transient sales
            and nurseries. All voted “yes.” Motion carried.
CITY COUNCIL MINUTES                PAGE 5           MEETING OF APRIL 11, 2005


      E.    Resolution authorizing the transfer and assignment of rights
            and obligations of KMC to CenturyTel d/b/a KMC Telecom III.

            Wiersum moved, Wagner seconded a motion to adopt Resolution
            No. 2005-033 authorizing the transfer and assignment of rights and
            obligations of KMC Telecom II, Inc. to CenturyTel Acquisitions LLC
            d/b/a KMC Telecom III. All voted “yes.” Motion carried.

      F.    Items pertaining to the TH 7/Williston Road north frontage road
            project.

            Wiersum moved, Wagner seconded a motion to adopt Resolution
            No. 2005-034 approving a limited use permit and authorizing
            parking restrictions for the TH 7/Williston Road North Frontage
            Road Project. All voted “yes.” Motion carried.

      G.    Resolution amending the City of Minnetonka Employee
            Flexible Spending Account Plan.

            Wiersum moved, Wagner seconded a motion to adopt Resolution
            No. 2005-035 amending the City of Minnetonka Employee Flexible
            Spending Account Plan. All voted “yes.” Motion carried.

      H.    Conditional use permit for telecommunications antennas and
            ground equipment on a city water tower at 5604 Hathaway
            Lane for T-Mobile.

            This item was pulled from the agenda.

      I.    Resolution amending Council Policy No. 2.2 regarding
            disposition of surplus city-owned personal property.

            Wiersum moved, Wagner seconded a motion to adopt Resolution
            No. 2005-036 amending Council Policy No. 2.2 regarding
            disposition of surplus city-owned personal property. All voted “yes.”
            Motion carried.

      J.    Final approval of the LORENCE WOODS plat at 1927 Essex
            Road.

            Wiersum moved, Wagner seconded a motion to approve the
            LORENCE WOODS final plat that was received on March 29, 2005,
            subject to the following conditions:
            1)     Compliance with all preliminary plat conditions, especially
                  the specific conditions for release of the plat; and
CITY COUNCIL MINUTES                PAGE 6            MEETING OF APRIL 11, 2005


            2)      Unless the city council approves a time extension, the final
                    plat must be recorded within one year of council approval of
                    the final plat.
            All voted “yes.” Motion carried.

11.   Items requiring Five Votes: None.

12.   INTRODUCTION OF ORDINANCES:

      A.    Ordinance rezoning 1908 Linner Road from R-1, low density
            residential, to PUD, planned unit development, and adopting a
            PUD master development plan for the Linner Woods Plat for
            CoPar Development, LLC.

            Thomas moved, Wagner seconded a motion to introduce an
            ordinance rezoning 1908 Linner Road from R-1, low density
            residential, to PUD, planned unit development, and adopting a PUD
            master development plan for the Linner Woods Plat for CoPar
            Development, LLC and refer it to the planning commission. All
            voted “yes.” Motion carried.

      B.    Ordinance amending City Code Section 600 regarding liquor
            licenses.

            Peterson provided a staff report, calling out the substantive
            changes proposed to the ordinance.

            In response to Anderson’s question, Peterson said that the
            ordinance would be on the next council meeting for adoption so
            staff would appreciate any council feedback.

            Wiersum asked if the proposed 15 day time period to apply for a
            new license after a corporate transfer was consistent with the
            requirements of other cities. He noted that there is usually greater
            compliance when requirements are consistent. Peterson said that
            she would do a survey on that issue for the next council discussion
            of this ordinance.

            Anderson noted general council concurrence with the proposed
            changes.

            Wiersum moved, Callison seconded a motion to introduce an
            ordinance amending City Code Section 600 regarding liquor
            licenses. All voted “yes.” Motion carried.
CITY COUNCIL MINUTES                PAGE 7          MEETING OF APRIL 11, 2005


      C.    Ordinance adopting a master development plan and changing
            floodplain boundaries for the Minnetonka Civic Center campus
            at 14600 Minnetonka Boulevard.

            Gunyou provided background information about this project. He
            noted that adjustments to the road alignment will be discussed with
            the planning commission, and the city council will see any changes
            after that review.

            Callison moved, Thomas seconded a motion to introduce an
            ordinance adopting a master development plan and changing
            floodplain boundaries for the Minnetonka Civic Center campus at
            14600 Minnetonka Boulevard and refer it to the planning
            commission. All voted “yes.” Motion carried.

13.   PUBLIC HEARINGS:

      A.    Continued public hearing to consider applications by Big Bowl
            Asian, LLC, for on-sale and Sunday on-sale intoxicating liquor
            licenses for Big Bowl restaurant, 12649 Wayzata Boulevard.

            Rankin provided the staff report.

            Anderson noted that the public hearing was previously opened, and
           invited public comments. There were none, and the hearing was
           closed.

            Wiersum moved, Wagner seconded a motion to grant the on-sale
            and Sunday on-sale intoxicating liquor licenses to Big Bowl
            restaurant, 12649 Wayzata Boulevard. All voted “yes.” Motion
            carried.

14.   OTHER BUSINESS: None.

15.   APPOINTMENTS and REAPPOINTMENTS: None.

16.   ADJOURNMENT.

      Thomas moved, Wiersum seconded a motion to adjourn the meeting at
      7:14 p.m. All voted “yes.” Motion carried.
CITY COUNCIL MINUTES      PAGE 8   MEETING OF APRIL 11, 2005


Respectfully submitted,



Kathleen Magrew
City Clerk
                           MINUTES
                            OF THE
           MINNETONKA CITY COUNCIL BOARD OF REVIEW
                     Monday, April 11, 2005


1.   CALL TO ORDER.

     Mayor Anderson called the meeting to order at 7:15 p.m.

2.   ROLL CALL.

     Council members Brad Wiersum, Terry Schneider, Jan Callison, Al
     Thomas, Tony Wagner, Bob Ellingson, and Karen Anderson were present.

4.   INTRODUCTORY REPORT.

     Anderson provided background information about the process. City
     Manager John Gunyou noted the addendum, adding Mark and Sandra
     Kaster to the appellants to the Hennepin County Board of Review.

5.   APPEALS TO THE BOARD OF REVIEW.

     City Assessor Richard Toy presented his report. He noted the following:
     • Minnetonka residential property values have increased about 10
         percent per year since 1998. The increase rate has dropped to 6.5 to 7
         percent over the past two years.
     • Residential property market values have been increasing at rate higher
         than the value of commercial properties. Some commercial property
         values have decreased.
     • Minnetonka is at the lower end of necessary residential adjustments
         when compared to neighboring communities.

     Toy reviewed the process, and said that the council will convene again as
     the Board of Review on April 27 to receive the recommendations from the
     Board of Advisors. The council’s decisions may be appealed to the
     county’s Board of Review.

     Anderson noted that city councilmembers are not real estate experts, so
     they rely on the recommendations from the advisors. She thanked staff for
     its due diligence. Property value notices were mailed to 18,600 residential
     properties, resulting in 750 calls. Staff reviewed 290 of those properties,
BOARD OF REVIEW MINUTES            PAGE 2             MEETING OF APRIL 11, 2005


     and made adjustments for 60 of them. Anderson also noted that the city’s
     computer-aided mass appraisal system provided for comparisons of
     properties of like quality and class, not just the neighborhood.

     Thomas was amazed that out of 18,600 notices, there were only seven
     appeals. He credited the city’s assessing staff. Thomas noted that he,
     Schneider and Callison attended training for Boards of Review. He
     appreciated the fact that Minnetonka’s process is less confusing so it goes
     more smoothly. Anderson thanked staff for their work.

     Anderson read the following appeals into the record.

                                         2004       ADVISOR’S
     PETITIONER                         VALUE       2005 VALUE

A.   James and Reiko Jones            $191,300        $226,300
     4850 Spring Circle
     Minnetonka MN 55345

     PID: 29-117-22-12-0065

B.   Dominic and Cynthia Arbisi       $235,000       $261,900
     14401 Atrium Way #112
     Minnetonka MN 55345

     PID: 28-117-22-44-0298

C.   TruGreen                         $706,000       $813,000               N/A
     6010 Culligan Way
     Minnetonka MN 55345

     PID: 34-117-22-42-0008

D.   Nicholas and Ginnie               $277,100     $324,300
     Speliopoulos
     3613 Rainbow Drive
     Minnetonka MN 55345

     PID: 17-117-22-33-0004

E.   Michael O’Meara and               $733,400     $782,600
     Suzette Bechly
     13975 Oakland Place
     Minnetonka MN 55305

     PID: 10-117-22-21-0035
BOARD OF REVIEW MINUTES           PAGE 3           MEETING OF APRIL 11, 2005




PETITIONERS PRESERVING THEIR RIGHT TO APPEAL TO HENNEPIN
COUNTY

F.    Paul and Ruth Frank            $327,500       $338,400               N/A
      4561 Ellerdale Road
      Minnetonka MN 55345

      PID: 22-117-22-34-0033

G.    Mark and Sandy Kaster          $709,600       $738,800
      2550 Crescent Ridge Road
      Minnetonka, MN 55305

      PID: 11-117-22-32-0025

      Thomas moved, Wiersum seconded a motion to receive the appeals, and
      direct the Board of Real Estate Advisors to visit the above-listed
      properties, and return to the Board of Review on April with their
      recommendations as to 2005 values. All voted “yes.” Motion carried.

6.    Adjournment.

      Thomas moved, Callison seconded a motion to adjourn the meeting at
      7:26 p.m. All voted “yes.” Motion carried.


Respectfully submitted,



Kathleen Magrew
City Clerk
                            City Council Agenda Item #9A
                              Meeting of April 25, 2005


Brief Description:         Consideration of bids for the Park Renewal improvement
                           project at Junction Park.

Recommended Action:        Award bid to Magnum Construction, the lowest responsible
                           bidder, in the amount of $273,413.80.

Background

In 2001, Minnetonka voters approved a $15 million bond referendum for parks renewal
and open space preservation. The referendum strongly emphasized that our residents
would help determine how they wanted to renew their parks.

Accordingly, council approved a bottoms-up planning process in which neighbors are
directly involved in deciding what they want to happen in their parks. Our residents are
provided an opportunity to influence the decision making process by broad-based
outreach that enables their input.

The park site improvement project at Junction Park is the result of the planning and
design efforts made during the park renewal process. The improvements consist of
new playground equipment, seating areas, trails, tennis court improvements, basketball,
landscaping and miscellaneous site amenities at the location.

Summary of Bids

On April 7, 2005, eight sealed bids were received and opened with total bids in the
range of $273,413.80 to $398,058.

The eight bids received are as follows:

                       Contractor                            Total Bid
          Magnum Construction                                     $273,413.80
          Barber Construction                                     $287,393.75
          VP Enterprises                                          $289,340.00
          Park Construction                                       $298,868.50
          DMJ Construction                                        $300,008.50
          Sunram Construction                                     $302,487.45
          ENGINEER ESTIMATE                                       $325,657.25
          American Liberty Construction                           $332,000.00
          Environmental Associates                                $398,058.00
Council Meeting of April 25, 2005                                   Page 2 of 2
Consideration of bids for the Park Renewal project at Junction Park (18-2005-07)


Recommendation

Staff recommends award bid # 18-2005-07 to Magnum Construction for Park Renewal
site improvements at Junction Park with a base bid of $273,413.80.

Brauer & Associates, Ltd., as well as city staff, have completed a reference check and
deemed Magnum Construction to be the responsible low bidder.


Submitted through:
      John Gunyou, City Manager
      Dave Johnson, Director of Recreation Services
      Merrill King, Director of Finance


Originated by:
       Perry Vetter, Programming and Special Projects Division Manager
                              City Council Agenda Item #9B
                                Meeting of April 25, 2005


Brief Description:           Consideration of bids for the renovation of the Minnetonka
                             Boulevard lift station.

Recommended Action:          Award bid to the lowest responsible bidder.

Background

In 2002 Capital Improvements Program (CIP) provided for the renovation of the
Minnetonka Boulevard lift station but was delayed in order for Xcel Energy to extend
480-volt power from the Mills. The previous power to the lift station was 240-volts which
was very expensive to run and would “blow” the circuit breakers if both pumps started at
the same time. The new power lines were energized on April 9th and have been
extended to County Road 73.

This project involves the replacement of the lift station pumps; installation of new piping,
guide rails, floats, controls, power cords and the installation of a new valve vault.
During the project the contractor will provide continuous by-pass pumping when the
station is out of service. The contract stipulates that lift station must be operational by
June 30th with total completion by July 22, 2005.

On April 12, 2005, bids were received for the renovation of the lift station. The bid that
was received is tabulated as follows:

       Carl Bolander & Sons Company                     $155,785.00

       Engineer’s Estimate                              $157,000.00

Recommendation

Based on the bid amount, the consultant engineer’s recommendation and the city’s past
experience with this firm, staff recommends:

       that the Minnetonka Boulevard lift station rehabilitation project be awarded to
       Carl Bolander & Sons Company in the amount of $155,785.00.

Submitted through:

       John Gunyou, City Manager

Originated by:

       Brian J. Wagstrom, Director of Public Works
                                City Council Agenda Item #9C
                                  Meeting of April 25, 2005


Brief Description:          Items pertaining to the 2005 Emergency Vehicle Preemption
                            System Project No. 4126.

                                 1) Consideration of bids
                                 2) Approve traffic control signal agreement with MnDOT

Recommended Action:         Award bid to lowest responsible bidder and adopt the
                            resolution.

Background

The city council originally approved the installation of emergency vehicle preemption
systems (EVP) in the 1996 Capital Improvements Program (CIP), budgeting $40,000
per year to retrofit EVP systems to existing traffic signals. This is the eighth year of the
program.

This project provides for the installation of emergency vehicle preemption systems on
traffic signals at the following locations:

              Ridgedale Drive at north 394 ramp
              Ridgedale Drive at south 394 ramp
              Ridgedale Drive at the south frontage road

There are currently 68 traffic signals in Minnetonka. Of these, 56 will have EVP after this
project is completed. All new traffic signals and those receiving extensive modification
are being fitted with EVP during construction. The priority of EVP installation is based
on recommendations from the police and fire departments.

Bid Opening

On Thursday, April 14, 2005, bids were opened for the project. Four bids were received
in response to the ad for bids. The bids are as follows:

                          Contractor                          Total Bid
             Engineer’s Estimate                               $29,750
             Honda Electric                                    $30,160
             Eagan Companies, Inc.                             $31,400
             Killmer Electric                                  $31,883
             Collins Electrical Systems                        $33,461
Meeting of April 25, 2005                                                           Page 2
Subject: Items pertaining to the 2005 Emergency Vehicle Preemption System


The low bidder, Honda Electric, has performed satisfactorily on similar projects.

The proposed three new emergency vehicle preemption systems are all being installed
on signals owned and operated by the Minnesota Department of Transportation
(MnDOT). MnDOT requires the approval of a cooperative agreement between
Minnetonka and MnDOT which provides maintenance and construction responsibilities
for these systems. This agreement is consistent with existing emergency vehicle
preemption system agreements previously approved at other locations.

Recommendation

   1) Award the bid for the 2005 Emergency Vehicle Preemption Project No. 4126 to
      Honda Electric in the amount of $30,160.

   2) Adopt the attached resolution approving agreement No. 87843M with the
      Minnesota Department of Transportation.


Submitted through:
      John Gunyou, City Manager
      Lee Gustafson, P.E., Director of Engineering

Originated by:
       Virgil E. Herrmann, Project Engineer
                                RESOLUTION NO. 2005


   RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN
       AGREEMENT NO. 87843M WITH THE MINNESOTA DEPARTMENT
     OF TRANSPORTATION AS IT PERTAINS TO THE INSTALLATION OF
  EMERGENCY VEHICLE PREEMPTION SYSTEMS TO THE EXISTING TRAFFIC
 CONTROL SIGNALS ON TRUNK HIGHWAY 394 AT RIDGEDALE DRIVE, NORTH
  AND SOUTH RAMPS, AND ON TRUNK HIGHWAY 394 AT RIDGEDALE DRIVE,
                      SOUTH FRONTAGE ROAD


BE IT RESOLVED by the City Council of the City of Minnetonka, Minnesota as follows:

Section 1.   Background.

1.01. The City of Minnetonka has determined it is in the public’s best interest to install
      emergency vehicle preemption on the three Minnesota Department of
      Transportation signals on Ridgedale Drive at Trunk Highway 394.

1.02. The City of Minnetonka has received Traffic Control Signal Agreement No
      87843M as it pertains to the traffic control signals on Trunk Highway 394 at
      Ridgedale Drive, north and south ramps, and on Trunk Highway 394 at
      Ridgedale Drive, south frontage road.


Section 2.   Council Action.

2.01.        It has been determined that the City of Minnetonka should enter into an
             agreement with the State of Minnesota, Department of Transportation, for
             the following purposes:

                    To install emergency vehicle preemption systems at the existing
                    traffic control signals on Trunk Highway 394 at Ridgedale Drive,
                    north and south ramps; and on Trunk Highway 394 at Ridgedale
                    Drive, south frontage road in accordance with the terms and
                    conditions set forth and contained in Agreement No. 87843M, a
                    copy of which was before the council.

2.02.        The Mayor and City Manager are hereby authorized to execute the
             Agreement, and thereby assume for and on behalf of the City all of the
             contractual obligations contained therein.

Adopted by the City Council of the City of Minnetonka, Minnesota, on April 25, 2005.



Karen J. Anderson, Mayor
RESOLUTION NO. 2005                                                              Page 2




ATTEST:



Kathleen A. Magrew, City Clerk


ACTION ON THIS RESOLUTION:

Motion for adoption:
Seconded by:
Voted in favor of:
Voted against:
Abstained:
Absent:
Resolution adopted.


I hereby certify that the foregoing is a true and correct copy of a resolution adopted by
the City Council of the City of Minnetonka, Minnesota, at a duly authorized meeting held
on April 25, 2005.



Kathleen A. Magrew, City Clerk
                           City Council Agenda Item #10A
                              Meeting of April 25, 2005


Brief Description:         Claims for council authorization.

Recommended Action:        Approve the claims list.


Background

The attached claims list includes checks numbered 188810 through 189035, totaling
$2,443,736.44.

Recommendation

Staff recommends approval of the claims list.



Submitted through:
      John Gunyou, City Manager
      Merrill King, Finance Director

Originated by:
       Mari Braatz, Accounts Payable
 R55CKSUM LOG20000                                        CITY OF MINNETONKA      4/14/2005 10:15:54

                                                          Council Check Summary   Page -          1

                                                                    -

Company                                        Amount
01000 GENERAL FUND                          174,233.79
02200 CABLE TELEVISION FUND                    9,323.94
02300 COMMUNITY DVLP BLOCK GRANT FD            1,744.00
03400 SOILS DISTRICT #1                         429.50
03450 BOULEVARD GARDENS TIF DISTRICT          39,568.55
04100 CAPITAL REPLACEMENT FUND                98,565.98
04230 IT TECHNOLOGY DVLP FUND                  1,706.09
04400 STREET IMPROVEMENT FUND                   179.49
04450 LIVEABLE COMMUNITIES HOUSNG FD          58,850.00
04520 2002 PARK BONDS                       122,881.20
04700 PARK DEDICATION FUND                        94.24
04800 SPECIAL ASSESSMENT CONST FUND        1,778,518.32
05100 UTILITY FUND                            96,779.12
05200 ICE ARENA FUND                          12,933.30
05300 ENVIRONMENTAL FUND                      14,270.45
05400 WILLISTON CENTER                         9,496.99
05500 GRAYS BAY MARINA                          500.00
05600 STORM WATER FUND                        15,212.54
06100 INSURANCE FUND                           3,993.74
07300 PAYROLL CLEARING FUND                    4,455.20

                           Report Totals   2,443,736.44
 R55CKREG      LOG20000                                                                  CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                         Council Check Register                                                                   Page -          1

                                                                                                     --


Check #    Date           Amount     Vendor / Explanation          PO #      Doc No   Inv No                 Account No   Subledger Account Description           Business Unit
188810    4/7/2005                   116025 AVENET, LLC
                           375.00    WEB SITE HOSTING                        53215    9115                    4230.6348             COMPUTER SOFTWARE             IT TECHNOLOGY DVLP FUND
                           375.00


188811    4/7/2005                   102040 BACHMANS
                            52.19    FUNERAL/GET WELL FLOWERS                53216    100101939               1020.6399             OTHER MISCELLANEOUS EXPEND    GENERAL ADMINISTRATION
                            52.19


188812    4/7/2005                   101337 BASEBALL USA
                           332.50    TOKEN REVENUE- MARCH                    53217    20050406                5410.6309             OFFICIALS/INSTRUCTORS CONTRACT WILLISTON CENTER
                           332.50


188813    4/7/2005                   104805 BEERS, CRAIG
                            61.15    FAST INTERNET                           53218    20050406                1040.6326             TELECOMMUNICATIONS            INFORMATION TECHNOLOGY
                            61.15


188814    4/7/2005                   104806 CENTERPOINT ENERGY MINNEGASCO
                           341.49                                            53219    20050406                5110.6351             NATURAL GAS                   WATER & SEWER UTILITY
                           505.63                                            53219    20050406                1140.6351             NATURAL GAS                   PARK MAINTENANCE
                          3,596.70                                           53219    20050406                5210.6351             NATURAL GAS                   ICE ARENA
                          9,071.72                                           53219    20050406                1080.6351             NATURAL GAS                   BUILDINGS & GROUNDS
                      13,515.54


188815    4/7/2005                   102036 DAVANNIS
                           158.40                                            53220    147030-C                1160.6332             CONFERENCES & SUBSISTENCE     FIRE
                           158.40


188816    4/7/2005                   126482 DEERFIELD SEMINARS
                           169.00    FLSA & FMLA SEMINAR                     53221    20050406                1060.6333             TRAINING                      FINANCE
                           169.00    FLSA & FMLA SEMINAR                     53221    20050406                                      TRAINING-DEPARTMENTAL         GENERAL ADMINISTRATION
                                                                                                          1020.6333.DEP
                           338.00


188817    4/7/2005                   126485 EVERAFTER UPHOLSTRY
                           846.45    BURWELL CHAIR RE-UPHOLSTERY             53222    154197                  2200.2031             BURWELL HOUSE PAYABLE         CABLE TELEVISION FUND
                           846.45


188818    4/7/2005                   126488 FIRST AMERICAN TITLE INSURANCE
                          1,370.70   CLSNG TH7/WILLIS IMPRVMT AGREE          53255    20050406                4890.6570             ROADWAY IMPROVEMENTS          MISC OLD PROJECTS
                          1,370.70


188819    4/7/2005                   105309 HENNEPIN COUNTY TREASURER
 R55CKREG      LOG20000                                                                 CITY OF MINNETONKA                                                                            4/14/2005 10:14:06

                                                                                        Council Check Register                                                                        Page -          2

                                                                                                    --


Check #    Date           Amount      Vendor / Explanation           PO #   Doc No   Inv No                 Account No      Subledger Account Description             Business Unit
                            15.00     HEALTH AT WORK WORKSHOPSAUER          53223    20050406                                         PROF & CONS-DISCRETIONARY       GENERAL ADMINISTRATION
                                                                                                         1020.6319.DIS
                            15.00


188820    4/7/2005                    100168 HOPKINS POSTMASTER
                           770.00     PERMIT #183 SR SCRIPT-MAY 05          53224    20050406                1180.6346                NEWSLETTERS                     SENIOR SERVICES
                           770.00


188821    4/7/2005                    100168 HOPKINS POSTMASTER
                          5,000.00    PERMIT #183 UTILITY BILLING           53225    20050406                5110.6322                POSTAGE                         WATER & SEWER UTILITY
                          5,000.00


188822    4/7/2005                    102103 HORIZON GRAPHICS
                          5,053.81    MINNETONKA MEMO APRIL 2005            53226    25568                   2210.6346                NEWSLETTERS                     CABLE TELEVISION
                          5,053.81


188823    4/7/2005                    119755 IIMC
                           495.00     IIMC CONFERENCE                       53227    20050406                                         CONF & SUB - DEPARTMENTAL       GENERAL ADMINISTRATION
                                                                                                         1020.6332.DEP
                           495.00


188824    4/7/2005                    105892 INTERTECHNOLOGIES GROUP
                            37.00     LOGIS CONNECTION                      53228    DV05020282              1040.6315                LOGIS                           INFORMATION TECHNOLOGY
                            37.00


188825    4/7/2005                    100786 KRAEMERS HARDWARE
                            25.37-                                          53229    20050406                5110.6231                BUILDING                        WATER & SEWER UTILITY
                            18.28-                                          53229    20050406                5410.6231                BUILDING                        WILLISTON CENTER
                            16.41-                                          53229    20050406                1160.6232                MACHINERY & AUTO                FIRE
                            14.23-                                          53229    20050406                1080.6240                SMALL TOOLS & MINOR EQUIPMENT   BUILDINGS & GROUNDS
                              7.76-                                         53229    20050406                1120.6240                SMALL TOOLS & MINOR EQUIPMENT   STREET MAINTENANCE
                              5.35-                                         53229    20050406                1150.6399.K9             OTHR MISC EXP-K9                POLICE
                              4.96-                                         53229    20050406                1140.6240                SMALL TOOLS & MINOR EQUIPMENT   PARK MAINTENANCE
                              3.40-                                         53229    20050406                1080.6240                SMALL TOOLS & MINOR EQUIPMENT   BUILDINGS & GROUNDS
                              1.60-                                         53229    20050406                1130.6232                MACHINERY & AUTO                EQUIPMENT MAINTENANCE
                              1.17-                                         53229    20050406                1150.6221                GASOLINE & OIL                  POLICE
                               .89-                                         53229    20050406                5210.6240                SMALL TOOLS & MINOR EQUIPMENT   ICE ARENA
                               .60-                                         53229    20050406                1100.6240                SMALL TOOLS & MINOR EQUIPMENT   ENGINEERING
                               .33-                                         53229    20050406                1110.6240                SMALL TOOLS & MINOR EQUIPMENT   COMMUNITY DEVELOPMENT
                              1.80                                          53229    20050406                1150.6229                OTHER OPERATING SUPPLIES        POLICE
                              3.46                                          53229    20050406                1110.6240                SMALL TOOLS & MINOR EQUIPMENT   COMMUNITY DEVELOPMENT
                              6.37                                          53229    20050406                1130.6240                SMALL TOOLS & MINOR EQUIPMENT   EQUIPMENT MAINTENANCE
 R55CKREG      LOG20000                                                             CITY OF MINNETONKA                                                                         4/14/2005 10:14:06

                                                                                    Council Check Register                                                                     Page -          3

                                                                                                 --


Check #    Date           Amount     Vendor / Explanation        PO #   Doc No   Inv No               Account No     Subledger Account Description             Business Unit
                             6.38                                       53229    20050406             1100.6240                SMALL TOOLS & MINOR EQUIPMENT   ENGINEERING
                             7.70                                       53229    20050406             1130.6232                MACHINERY & AUTO                EQUIPMENT MAINTENANCE
                            10.63                                       53229    20050406             1150.6221                GASOLINE & OIL                  POLICE
                            16.99                                       53229    20050406             5210.6240                SMALL TOOLS & MINOR EQUIPMENT   ICE ARENA
                            21.29                                       53229    20050406             5600.6239                OTHER REPAIR SUPPLIES           STORM WATER FUND
                            28.09                                       53229    20050406             1030.6231                BUILDING                        COMMUNITY CENTER
                            30.47                                       53229    20050406             5110.6240                SMALL TOOLS & MINOR EQUIPMENT   WATER & SEWER UTILITY
                            39.69                                       53229    20050406             1080.6240                SMALL TOOLS & MINOR EQUIPMENT   BUILDINGS & GROUNDS
                            56.93                                       53229    20050406             1150.6399.K9             OTHR MISC EXP-K9                POLICE
                            96.26                                       53229    20050406             1140.6240                SMALL TOOLS & MINOR EQUIPMENT   PARK MAINTENANCE
                           119.92                                       53229    20050406             1120.6240                SMALL TOOLS & MINOR EQUIPMENT   STREET MAINTENANCE
                           194.69                                       53229    20050406             5410.6231                BUILDING                        WILLISTON CENTER
                           213.01                                       53229    20050406             1160.6232                MACHINERY & AUTO                FIRE
                           307.48                                       53229    20050406             5110.6231                BUILDING                        WATER & SEWER UTILITY
                          1,060.81


188826    4/7/2005                   101782 METROPOLITAN COUNCIL ENVNTAL S
                      40,600.00      SAC CHARGES - MARCH 05             53230    20050406             4801.4714                SAC CHARGE COLLECTED            SPEC ASSMT CONST FD REV & EXP
                      40,600.00


188827    4/7/2005                   125280 MN STATE TREASURER
                          4,509.64   STATE SURCHARGE                    53231    20050406             1000.2323                BLDG PERMIT SURCHARGE PAYABLE GENERAL FUND
                          4,509.64


188828    4/7/2005                   125679 NCAFDO
                           135.00    FDA EDUCATIONAL CONF.              53232    20050406             1190.6332                CONFERENCES & SUBSISTENCE       ENVIRONMENTAL HEALTH
                           135.00


188829    4/7/2005                   126475 NEW HORIZONS OF MINNESOTA
                           245.00    WORD TRAINING-RISLUND              53233    181879               1040.6333                TRAINING                        INFORMATION TECHNOLOGY
                           245.00


188830    4/7/2005                   119213 NEXTEL COMMUNICATIONS
                            40.73    CELL PHONE CHARGES                 53234    264073312-039        1020.6321                TELEPHONE                       GENERAL ADMINISTRATION
                           126.61                                       53234    264073312-039        1040.6321                TELEPHONE                       INFORMATION TECHNOLOGY
                           128.15    CELL PHONE CHARGES                 53235    264073312-040        1040.6321                TELEPHONE                       INFORMATION TECHNOLOGY
                           176.07    CELL PHONE CHARGES                 53235    264073312-040        1020.6321                TELEPHONE                       GENERAL ADMINISTRATION
                           471.56


188831    4/7/2005                   103173 PAPER DIRECT INC.
                            32.94    POSTCARDS FOR DEPT RECIPE BOOK     53236    3425369300013        1020.6210                OFFICE SUPPLIES                 GENERAL ADMINISTRATION
                            32.94
 R55CKREG      LOG20000                                                                  CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                         Council Check Register                                                                   Page -          4

                                                                                                     --


Check #    Date           Amount     Vendor / Explanation          PO #      Doc No   Inv No              Account No     Subledger Account Description            Business Unit


188832    4/7/2005                   126486 PEDERSON, CINDY
                           114.26    REFUND - OVERPAID FINAL                 53237    20050406             5100.1310.1             ACCOUNTS RECEIVABLE - MANUAL   UTILITY FUND
                           114.26


188833    4/7/2005                   105958 PLAN TAG INC.
                            44.95    600 LABELS                              53238    20050406             1110.4210               BUILDING PERMITS               COMMUNITY DEVELOPMENT
                            44.95


188834    4/7/2005                   101820 PRUDENTIAL GROUP LIFE & DISABL
                          4,074.50   EMPLOYEE LIFE INSURANCE                 53239    96234                7300.2214               LIFE INSURANCE PAYABLE         PAYROLL CLEARING FUND
                          4,074.50


188835    4/7/2005                   101442 RANDY'S SANITATION
                            40.67    GARBAGE STATION 2                       53240    1355                 1160.6367               SERVICE CONTRACTS              FIRE
                            40.67    GARBAGE STATION 3                       53241    1356                 1160.6367               SERVICE CONTRACTS              FIRE
                            40.67    GARBAGE STATION 4                       53242    1357                 1160.6367               SERVICE CONTRACTS              FIRE
                            40.23    GARBAGE STATION 5                       53243    1358                 1160.6367               SERVICE CONTRACTS              FIRE
                           162.24


188836    4/7/2005                   126487 SOURCE
                           173.36    NPDES EDUCATION BROCHURE                53244    224064-33            5600.6345               PRINTED FORMS                  STORM WATER FUND
                           173.36


188837    4/7/2005                   103918 ST. PAUL STAMP WORKS
                            15.47    NAMETAG FOR DON BERGMANN                53245    57567                1170.6210               OFFICE SUPPLIES                UNALLOCATED
                            15.47    NAMETAG FOR KIM HEISER                  53246    57647                1170.6210               OFFICE SUPPLIES                UNALLOCATED
                            30.94


188838    4/7/2005                   121620 THANE HAWKINS POLAR CHEVROLET
                      16,118.88      1 TON TRUCK                             53247    20050406             5110.6540               MACHINERY AND AUTOMOBILE       WATER & SEWER UTILITY
                      16,118.88


188839    4/7/2005                   102870 UNITED RENTALS
                          9,920.00   TRI AXLE TRAILER                        53248    43617928             4101.6540               MACHINERY AND AUTOMOBILE       CAPITAL REPLACE FUND REV & EXP
                          9,920.00


188840    4/7/2005                   124288 VERIZON WIRELESS
                           356.89                                            53249    20050406             1160.6321               TELEPHONE                      FIRE
                            27.66                                            53250    20050406             1080.6321               TELEPHONE                      BUILDINGS & GROUNDS
                            27.66                                            53250    20050406             1120.6321               TELEPHONE                      STREET MAINTENANCE
                            89.73                                            53250    20050406             1140.6321               TELEPHONE                      PARK MAINTENANCE
 R55CKREG      LOG20000                                                               CITY OF MINNETONKA                                                                      4/14/2005 10:14:06

                                                                                      Council Check Register                                                                  Page -          5

                                                                                                  --


Check #    Date           Amount     Vendor / Explanation          PO #   Doc No   Inv No              Account No   Subledger Account Description             Business Unit
                           103.01                                         53250    20050406             5110.6321             TELEPHONE                       WATER & SEWER UTILITY
                           247.21                                         53251    20050406             1800.6321             TELEPHONE                       RECREATION
                           852.16


188841    4/7/2005                   102035 WAYZATA, CITY OF
                          1,076.23                                        53252    20050406             4101.6540             MACHINERY AND AUTOMOBILE        CAPITAL REPLACE FUND REV & EXP
                          1,076.23


188842    4/7/2005                   102035 WAYZATA, CITY OF
                          1,741.05                                        53254    20050406             4101.6540             MACHINERY AND AUTOMOBILE        CAPITAL REPLACE FUND REV & EXP
                          1,741.05


188843    4/7/2005                   126484 WEATHERIZATION & RESEARCH PROD
                          1,744.00   CDBG #88 INSULATION                  53253    050320               2300.6319             OTHER PROFESSIONAL/CONSULTING COMMUNITY DVLP BLOCK GRANT FD
                          1,744.00


188844    4/14/2005                  123827 ACCLAIM BENEFITS
                           405.46    FLEX ADMIN                           53256    349478               1020.6319             OTHER PROFESSIONAL/CONSULTING GENERAL ADMINISTRATION
                           181.11    COBRA ADMIN                          53257    349477               1020.6319             OTHER PROFESSIONAL/CONSULTING GENERAL ADMINISTRATION
                           207.90    HRA ADMIN                            53258    349340               1020.6319             OTHER PROFESSIONAL/CONSULTING GENERAL ADMINISTRATION
                           794.47


188845    4/14/2005                  100581 BALFANZ, TERRY
                           432.32    COURT TIME                           53259    20050413             1150.6319             OTHER PROFESSIONAL/CONSULTING POLICE
                           432.32


188846    4/14/2005                  126493 BARRY PETIT & ASSOCIATES
                            96.75    PARK & RIDE RAMP CR73 & 394          53260    2005.08              1090.6319             OTHER PROFESSIONAL/CONSULTING PLANNING
                            96.75


188847    4/14/2005                  126491 BERGMANN, DON
                            95.00                                         53261    20050412             1120.6229             OTHER OPERATING SUPPLIES        STREET MAINTENANCE
                            95.00


188848    4/14/2005                  102652 BLOOM, DEEANN
                            14.00                                         53262    20050412             1150.6332             CONFERENCES & SUBSISTENCE       POLICE
                            15.00    STATUTE BOOK                         53262    20050412             1150.6342             BOOKS & MANUALS                 POLICE
                            30.00    MACA MEMBERSHIP DUES                 53262    20050412             1150.6391             DUES, SUBSCRIPT & MEMBERSHIPS   POLICE
                            59.00


188849    4/14/2005                  105601 CENTERPOINT ENERGY MARKETING,
                          1,118.47                                        53263    20050412             1130.6351             NATURAL GAS                     EQUIPMENT MAINTENANCE
 R55CKREG      LOG20000                                                                CITY OF MINNETONKA                                                                   4/14/2005 10:14:06

                                                                                       Council Check Register                                                               Page -          6

                                                                                                   --


Check #    Date           Amount     Vendor / Explanation           PO #   Doc No   Inv No              Account No   Subledger Account Description          Business Unit
                          1,118.47                                         53263    20050412             1140.6351             NATURAL GAS                  PARK MAINTENANCE
                          1,118.47                                         53263    20050412             5110.6351             NATURAL GAS                  WATER & SEWER UTILITY
                          1,118.48                                         53263    20050412             1120.6351             NATURAL GAS                  STREET MAINTENANCE
                          4,099.59                                         53263    20050412             1080.6351             NATURAL GAS                  BUILDINGS & GROUNDS
                          5,490.36                                         53263    20050412             5410.6351             NATURAL GAS                  WILLISTON CENTER
                          6,158.25                                         53263    20050412             5210.6351             NATURAL GAS                  ICE ARENA
                      20,222.09


188850    4/14/2005                  115782 COUSINS SUBS
                            54.95                                          53264    319584               1110.6332             CONFERENCES & SUBSISTENCE    COMMUNITY DEVELOPMENT
                            81.19    PC MEAL 3/31/05                       53265    319583               1090.6332             CONFERENCES & SUBSISTENCE    PLANNING
                           136.14


188851    4/14/2005                  100138 CROWN MARKING INC
                            21.30    NETARY STAMP-D. OLSON                 53266    0151434-IN           1090.6210             OFFICE SUPPLIES              PLANNING
                            21.30


188852    4/14/2005                  126492 ELK RIVER FORD
                      21,589.30      FORD FIVE HUNDRED SE                  53267    28210                5116.6540             MACHINERY AND AUTOMOBILE     WATER METER REPLACEMENT
                      21,589.30


188853    4/14/2005                  124306 EMERGENCY AUTOMOTIVE TECHNOLOG
                          2,299.62   SET UP BLAZER                         53268    3580                 4101.6540             MACHINERY AND AUTOMOBILE     CAPITAL REPLACE FUND REV & EXP
                          2,162.18   SET UP BLAZER                         53269    3579                 4101.6540             MACHINERY AND AUTOMOBILE     CAPITAL REPLACE FUND REV & EXP
                          4,461.80


188854    4/14/2005                  126367 FOR ALL OCCASIONS CATERING
                           288.00    STUDY SESSION MEAL                    53270    040401               1010.6332             CONFERENCES & SUBSISTENCE    MAYOR AND CITY COUNCIL
                           288.00


188855    4/14/2005                  100440 GRAINGER
                            69.84    ADHESIVE                              53271    495-367076-9         1160.6231             BUILDING                     FIRE
                            11.58    HAND SOAP                             53272    495-367075-1         1160.6231             BUILDING                     FIRE
                            81.42


188856    4/14/2005                  100168 HOPKINS POSTMASTER
                          3,400.00   PERMIT #183 MAY 05 MTKA MEMO          53273    20050412             2210.6346             NEWSLETTERS                  CABLE TELEVISION
                          3,400.00


188857    4/14/2005                  105521 MINNETONKA, CITY OF
                           500.00    MARINA STARTUP CASH                   53275    20050412             5500.6399             OTHER MISCELLANEOUS EXPEND   GRAYS BAY MARINA
                           500.00
 R55CKREG      LOG20000                                                                 CITY OF MINNETONKA                                                                     4/14/2005 10:14:06

                                                                                        Council Check Register                                                                 Page -          7

                                                                                                    --


Check #    Date           Amount     Vendor / Explanation          PO #     Doc No   Inv No              Account No   Subledger Account Description            Business Unit


188858    4/14/2005                  100140 MN DEPT OF REVENUE
                           380.70    GARNISHMENT 4/14/05                    53276    20050412             7300.2222             MISCELLANEOUS DEDUCT PAYABLE   PAYROLL CLEARING FUND
                           380.70


188859    4/14/2005                  104648 MN FIRE SERVICE CERTIFICATION
                           195.00    CERTIFICATION RENEWALS - 13            53274    20050412             1160.6333             TRAINING                       FIRE
                           195.00


188860    4/14/2005                  105337 OLSON, DONNA
                             1.21                                           53277    20050412             1090.6331             USE OF PERSONAL CAR            PLANNING
                              8.70                                          53277    20050412             1090.6332             CONFERENCES & SUBSISTENCE      PLANNING
                              9.91


188861    4/14/2005                  122262 PASS, TROY
                            30.00    TRAINING & PARKING                     53278    20050412             1150.6332             CONFERENCES & SUBSISTENCE      POLICE
                            30.00


188862    4/14/2005                  121937 QWEST
                           614.06                                           53279    20050412             1160.6321             TELEPHONE                      FIRE
                          1,543.52                                          53279    20050412             1150.6323             RADIO                          POLICE
                          2,198.20                                          53279    20050412             1040.6321             TELEPHONE                      INFORMATION TECHNOLOGY
                          4,355.78


188863    4/14/2005                  106188 SAM'S CLUB
                            75.84                                           53280    20050412             1800.6210             OFFICE SUPPLIES                RECREATION
                            75.84


188864    4/14/2005                  100608 SAMARITAN TIRE CO
                             4.79    TIRE REPAIR                            53281    768102556            1160.6232             MACHINERY & AUTO               FIRE
                            20.00    PATCH                                  53282    021081               1160.6232             MACHINERY & AUTO               FIRE
                            24.79


188865    4/14/2005                  102178 SCHNEIDER,TERRY
                            15.00    NLC CONF TAXI                          53283    20050412             1010.6332             CONFERENCES & SUBSISTENCE      MAYOR AND CITY COUNCIL
                            15.00


188866    4/14/2005                  101755 STREICHERS
                           319.45    ELECTRONIC SIREN                       53284    1257656              4101.6540             MACHINERY AND AUTOMOBILE       CAPITAL REPLACE FUND REV & EXP
                           319.45


188867    4/14/2005                  124288 VERIZON WIRELESS
 R55CKREG      LOG20000                                                                 CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                        Council Check Register                                                                   Page -          8

                                                                                                    --


Check #    Date           Amount     Vendor / Explanation            PO #   Doc No   Inv No                 Account No   Subledger Account Description           Business Unit
                             8.30                                           53285    20050412                1100.6321             TELEPHONE                     ENGINEERING
                            67.48                                           53285    20050412                4424.6570             ROADWAY IMPROVEMENTS          2004 PAVEMENT REHAB
                           112.01                                           53285    20050412                4425.6570             ROADWAY IMPROVEMENTS          2005 PAVEMENT REHAB
                           187.79


188868    4/14/2005                  121485 WASTE TECHNOLOGY
                           125.00    05 SPRING YARDWASTE                    53286    89951                   5310.6318             YARD WASTE COLLECTION         ENVIRONMENTAL FUND
                           125.00


188869    4/14/2005                  101484 WELLS FARGO BANK MINNESOTA NA
                          1,715.23   TIF INTEREST                           53287    20050412                3450.6614             INTEREST EXPENSE              BLVD GARDENS TIF DISTRICT
                      37,853.32      TIF PRINCIPAL (FINAL TO TCCH)          53287    20050412                3450.6626             BOND PRINCIPAL                BLVD GARDENS TIF DISTRICT
                      39,568.55


188870    4/14/2005                  113302 WEST HENNEPIN AFFORDABLE
                      58,850.00      2003 & 2004 MET COUNCIL GRANT          53288    20050412                4452.6319             OTHER PROFESSIONAL/CONSULTING LIVABLE COMM/HSNG FD REV & EXP
                      58,850.00


188871    4/25/2005                  100516 ABLE HOSE
                            50.67                                           53366    05-02527                1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                            50.67


188872    4/25/2005                  126494 ACCURATE RADAR SPECIALTIES
                           770.00    CALIBRATION OF 17 RADAR UNITS          53367    1020                                          OTHER PROF/CONSULT-PATROL OFCRPOLICE
                                                                                                         1150.6319.PAT
                           770.00


188873    4/25/2005                  100684 ADAMS PEST CONTROL
                            94.24    PEST CONTROL                           53368    200914                  4732.6319             OTHER PROFESSIONAL/CONSULTING BURWELL HOUSE
                            94.24


188874    4/25/2005                  125676 ADP SCREENING & SELECTION SERV
                           144.00    PRE-EMPLOY/RANDOM DOT DRUG TST         53369    825508                  1020.6349             MEDICAL/EVALUATIONS           GENERAL ADMINISTRATION
                           144.00


188875    4/25/2005                  126288 AIRTEC INC.
                           150.88                                           53370    305865                  1130.6239             OTHER REPAIR SUPPLIES         EQUIPMENT MAINTENANCE
                            46.18                                           53371    303696                  1130.6239             OTHER REPAIR SUPPLIES         EQUIPMENT MAINTENANCE
                           197.06


188876    4/25/2005                  101759 AMERICAN LEGAL PUBLISHING
                           285.80    CODE UPDATES                           53372    46703                                         PROF & CONS-NON-DISCRETIONARY GENERAL ADMINISTRATION
 R55CKREG      LOG20000                                                              CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                     Council Check Register                                                                   Page -          9

                                                                                                 --


Check #    Date           Amount     Vendor / Explanation         PO #   Doc No   Inv No                 Account No   Subledger Account Description           Business Unit
                                                                                                      1020.6319.NDI
                          2,957.50   CODE UPDATES                        53373    46805                                         PROF & CONS-NON-DISCRETIONARY GENERAL ADMINISTRATION
                                                                                                      1020.6319.NDI
                          3,243.30


188877    4/25/2005                  101232 AMERIPRIDE
                            26.63                                        53374    M288160                 1160.6367             SERVICE CONTRACTS             FIRE
                            26.63                                        53375    M284062                 1160.6367             SERVICE CONTRACTS             FIRE
                            83.44                                        53376    M288662                 5210.6369             OTHER REPAIRS & MAINTENANCE   ICE ARENA
                           136.70


188878    4/25/2005                  102090 ANCHOR PAPER CO
                            99.72    RUG SERVICE                         53377    M281731                 5410.6361             BUILDINGS & STRUCTURES        WILLISTON CENTER
                           315.14                                        53378    158194101               1170.6210             OFFICE SUPPLIES               UNALLOCATED
                           546.11                                        53379    158158901               1170.6210             OFFICE SUPPLIES               UNALLOCATED
                           960.97


188879    4/25/2005                  100859 ANCOM COMMUNICATIONS INC
                           984.59                                        53380    40573                   1130.6323             RADIO                         EQUIPMENT MAINTENANCE
                           984.59


188880    4/25/2005                  116405 ANCOM TECHNICAL CENTER
                           110.34    REPLCMNT & TSTNG BATTERY PACK       53381    0000063320              1150.6323             RADIO                         POLICE
                           110.34


188881    4/25/2005                  101142 APACHE GROUP
                           746.51                                        53382    92829                   1080.6222             JANITORIAL                    BUILDINGS & GROUNDS
                           746.51


188882    4/25/2005                  116552 ARCTIC GLACIER
                           151.11                                        53383    463509618               1120.6319             OTHER PROFESSIONAL/CONSULTING STREET MAINTENANCE
                           151.11


188883    4/25/2005                  101175 ASPEN EQUIPMENT CO.
                            13.18                                        53384    1062441                 1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                            25.83                                        53385    1061291                 1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                            39.01


188884    4/25/2005                  126495 AUSTIN, GRETCHEN
                              8.50   SHOW COSTUMES                       53541    20050412                5210.6229             OTHER OPERATING SUPPLIES      ICE ARENA
                              8.50
 R55CKREG      LOG20000                                                              CITY OF MINNETONKA                                                                    4/14/2005 10:14:06

                                                                                     Council Check Register                                                                Page -         10

                                                                                                 --


Check #    Date           Amount     Vendor / Explanation         PO #   Doc No   Inv No              Account No   Subledger Account Description           Business Unit
188885    4/25/2005                  103738 BAGY JO INC.
                              9.00   EMBROIDERY                          53390    123192               1160.6224             CLOTHING                      FIRE
                              9.00


188886    4/25/2005                  102117 BARR ENGINEERING
                           162.50    MISC REQUESTS                       53391    2327181-132          4890.6570             ROADWAY IMPROVEMENTS          MISC OLD PROJECTS
                           665.00    COMMENT ON MS4 PERMIT               53392    2327181-132          5600.6319             OTHER PROFESSIONAL/CONSULTING STORM WATER FUND
                           827.50


188887    4/25/2005                  126496 BEACON ATHLETICS
                           198.00                                        53393    0361902-IN           1140.6332             CONFERENCES & SUBSISTENCE     PARK MAINTENANCE
                           198.00


188888    4/25/2005                  101614 BECKER ARENA PRODUCTS
                            77.75    SQUEEGEES                           53394    49651                5210.6222             JANITORIAL                    ICE ARENA
                            77.75


188889    4/25/2005                  104794 BENIEK PROPERTY SERVICES
                          1,197.62                                       53395    9061                 1140.6399             OTHER MISCELLANEOUS EXPEND    PARK MAINTENANCE
                           373.20    FORD PARK                           53396    9062                 1140.6399             OTHER MISCELLANEOUS EXPEND    PARK MAINTENANCE
                           422.24    GRAYS BAY                           53396    9062                 1140.6399             OTHER MISCELLANEOUS EXPEND    PARK MAINTENANCE
                          1,993.06


188890    4/25/2005                  102048 BENNIS FEED/FUEL
                           341.30                                        53397    200504012            1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                           341.30


188891    4/25/2005                  126497 BERG, JERRY D.
                          2,000.00   PERM & TEMP ESMT TH7/WILLISTON      53398    200504012            4890.6570             ROADWAY IMPROVEMENTS          MISC OLD PROJECTS
                          2,000.00


188892    4/25/2005                  100165 BORDER STATES ELECTRIC
                           125.76                                        53399    94317565             1080.6231             BUILDING                      BUILDINGS & GROUNDS
                           125.76


188893    4/25/2005                  101301 BRAEMAR GOLF COURSE
                           560.00    INSTRUCTOR 4/5-4/14/05              53400    200504012            1844.6309             OFFICIALS/INSTRUCTORS CONTRACT GOLF
                           896.00    INSTRUCTOR 4/19-4/28/05             53400    200504012            1844.6309             OFFICIALS/INSTRUCTORS CONTRACT GOLF
                          1,456.00


188894    4/25/2005                  100116 BROADWAY AWARDS
                              4.79   KEY TAG FOR D. WAROSH               53401    18214                1150.6229             OTHER OPERATING SUPPLIES      POLICE
 R55CKREG      LOG20000                                                               CITY OF MINNETONKA                                                                      4/14/2005 10:14:06

                                                                                      Council Check Register                                                                  Page -         11

                                                                                                  --


Check #    Date           Amount     Vendor / Explanation         PO #    Doc No   Inv No                 Account No   Subledger Account Description          Business Unit
                              4.79


188895    4/25/2005                  101507 BURNS, LORRAINE MENDEZ
                              8.10                                        53402    200504012               1800.6331             USE OF PERSONAL CAR          RECREATION
                            53.29    CITRIX                               53402    200504012               1800.6399             OTHER MISCELLANEOUS EXPEND   RECREATION
                            61.39


188896    4/25/2005                  101620 CARLSON TRACTOR & EQUIPMENT
                          8,523.20                                        53403    E00807                  4101.6540             MACHINERY AND AUTOMOBILE     CAPITAL REPLACE FUND REV & EXP
                          8,523.20


188897    4/25/2005                  100131 CATCO
                            69.71                                         53405    15-02800                1130.6232             MACHINERY & AUTO             EQUIPMENT MAINTENANCE
                           112.19                                         53406    3-72432                 1130.6232             MACHINERY & AUTO             EQUIPMENT MAINTENANCE
                            11.10                                         53407    3-72051                 1130.6232             MACHINERY & AUTO             EQUIPMENT MAINTENANCE
                           193.00


188898    4/25/2005                  122550 CHAMPION COATINGS
                          9,000.00                                        53408    294-2                   5110.6361             BUILDINGS & STRUCTURES       WATER & SEWER UTILITY
                          8,000.00                                        53409    294-1                   5110.6361             BUILDINGS & STRUCTURES       WATER & SEWER UTILITY
                      17,000.00


188899    4/25/2005                  117435 CIT INFORMATION SERVICES
                            85.00    DATABASE CONVERSION                  53410    IS06180                 1040.6319             OTHER PROFESSIONAL/CONSULTING INFORMATION TECHNOLOGY
                           170.00    LAWGIC ENHANCEMENTS                  53411    IS06180                 1050.6319             OTHER PROFESSIONAL/CONSULTING LEGAL
                           255.00


188900    4/25/2005                  100747 CITI-CARGO
                           213.00                                         53412    RI005484                1080.6393             RENTS & LEASES               BUILDINGS & GROUNDS
                           213.00


188901    4/25/2005                  101343 CITIES COMMUNICATIONS INC.
                           125.00    LABOR CHGS:MOVE PANIC/DOOR BTN       53413    389605                                        BLDGS & STRUCT-RECORDS       POLICE
                                                                                                       1150.6361.REC
                           125.00


188902    4/25/2005                  100231 CLARK PRODUCTS
                           811.28    PAPER PRODUCTS                       53414    V524465                 1170.6210             OFFICE SUPPLIES              UNALLOCATED
                           811.28


188903    4/25/2005                  102158 CLEAN N PRESS
                           585.54    CLEANING                             53415    200504012               1150.6224             CLOTHING                     POLICE
 R55CKREG      LOG20000                                                                  CITY OF MINNETONKA                                                                      4/14/2005 10:14:06

                                                                                         Council Check Register                                                                  Page -         12

                                                                                                     --


Check #    Date           Amount     Vendor / Explanation         PO #     Doc No   Inv No                Account No   Subledger Account Description             Business Unit
                           585.54


188904    4/25/2005                  126463 CLINTON, MARILYN M.
                          2,000.00   PERM & TEMP ESMT TH7/WILLISTON        53416    200504012              4890.6570             ROADWAY IMPROVEMENTS            MISC OLD PROJECTS
                          2,000.00


188905    4/25/2005                  101696 COMMISSIONER OF TRANSPORTATION
                      939,566.02     TH494-STRM WTR TXMT POND,ETC          53417    T79 213000305          4357.6570             ROADWAY IMPROVEMENTS            I-494 EXPANSION
                                                                                    21
                      939,566.02


188906    4/25/2005                  100119 CONTINENTAL SAFETY EQUIPMENT
                           486.39    AIR QUALITY TEST MATRLS               53418    343291                 5210.6239             OTHER REPAIR SUPPLIES           ICE ARENA
                           486.39


188907    4/25/2005                  102133 CUB FOODS
                            26.95                                          53419    200504012              1150.6229             OTHER OPERATING SUPPLIES        POLICE
                            30.81                                          53419    200504012              1010.6332             CONFERENCES & SUBSISTENCE       MAYOR AND CITY COUNCIL
                            36.91                                          53419    200504012              1010.6399             OTHER MISCELLANEOUS EXPEND      MAYOR AND CITY COUNCIL
                           299.11                                          53419    200504012              1160.6332             CONFERENCES & SUBSISTENCE       FIRE
                           301.21    ECO FAIR`                             53419    200504012              5600.6399             OTHER MISCELLANEOUS EXPEND      STORM WATER FUND
                           694.99


188908    4/25/2005                  125102 DC MANAGEMENT & ENVIRONMENTAL
                           478.00    DISPOSE-FIRING RNG RUBBER BLTS        53319    05-06-02               4104.6520             BUILDINGS AND STRUCTURES        FIREARMS RANGE UPDATES
                           478.00


188909    4/25/2005                  102108 DEAKYNES HARDWARE
                              7.44                                         53320    20050412               1130.6240             SMALL TOOLS & MINOR EQUIPMENT   EQUIPMENT MAINTENANCE
                              7.44


188910    4/25/2005                  102143 DELEGARD TOOL CO
                           186.38                                          53321    742078                 1120.6240             SMALL TOOLS & MINOR EQUIPMENT   STREET MAINTENANCE
                           186.38


188911    4/25/2005                  101235 DEPARTMENT OF PUBLIC SAFETY
                           870.00    CJDN CONNECT CHARGE                   53322    P07 MN02712005I        1150.6393             RENTS & LEASES                  POLICE
                              5.04   INTEREST FEE                          53323    P07 MN02712005F        1150.6393             RENTS & LEASES                  POLICE
                           875.04


188912    4/25/2005                  113157 DETAIL ELECTRIC
                           152.00                                          53325    1685                   5110.6312             ENGINEERING & ARCHITECTURAL     WATER & SEWER UTILITY
 R55CKREG      LOG20000                                                               CITY OF MINNETONKA                                                                     4/14/2005 10:14:06

                                                                                      Council Check Register                                                                 Page -         13

                                                                                                  --


Check #    Date           Amount     Vendor / Explanation          PO #   Doc No   Inv No              Account No   Subledger Account Description            Business Unit
                          1,556.86                                        53326    1676                 5110.6369             OTHER REPAIRS & MAINTENANCE    WATER & SEWER UTILITY
                          1,636.51                                        53327    1314                 5110.6369             OTHER REPAIRS & MAINTENANCE    WATER & SEWER UTILITY
                          3,345.37


188913    4/25/2005                  104934 DMX MUSIC - MINNEAPOLIS
                            69.58    MUSIC ON HOLD                        53324    A121933              1040.6367             SERVICE CONTRACTS              INFORMATION TECHNOLOGY
                            69.58


188914    4/25/2005                  114066 DNR EMBROIDERY
                           203.40    PARK BOARD SHIRTS                    53329    EMB2502              1800.6399             OTHER MISCELLANEOUS EXPEND     RECREATION
                           203.40


188915    4/25/2005                  126498 DORN, MARSHALL
                           900.00    REIMBURSEMENT FOR APPRAISAL          53328    20050412             4890.6570             ROADWAY IMPROVEMENTS           MISC OLD PROJECTS
                           900.00


188916    4/25/2005                  101066 EINHORN, JULIE
                            61.50    INSTRUCTOR                           53330    20050412             5410.6309             OFFICIALS/INSTRUCTORS CONTRACT WILLISTON CENTER
                            61.50


188917    4/25/2005                  114934 ENGINEERING REPRO
                           228.44                                         53331    90352                1100.6210             OFFICE SUPPLIES                ENGINEERING
                           228.44


188918    4/25/2005                  126499 EVERYTHING'S TOGETHER ORGANIZI
                           175.00    INSTRUCTOR                           53332    20050412             1877.6309             OFFICIALS/INSTRUCTORS CONTRACT FIELD TRIPS
                           175.00


188919    4/25/2005                  126366 FACTORY MOTOR PARTS CO.
                          1,077.33                                        53333    20050412             1130.6232             MACHINERY & AUTO               EQUIPMENT MAINTENANCE
                          1,077.33


188920    4/25/2005                  100826 FASTSIGNS
                            22.96    NAME PLATE                           53334    100-50514            1190.6229             OTHER OPERATING SUPPLIES       ENVIRONMENTAL HEALTH
                            22.96


188921    4/25/2005                  104995 FERRELLGAS
                           112.68    ACCT #7781031                        53335    1002377127           5210.6221             GASOLINE & OIL                 ICE ARENA
                           112.68


188922    4/25/2005                  100408 FINLEY BROS INC
                            76.00                                         53336    05-25                1140.6361             BUILDINGS & STRUCTURES         PARK MAINTENANCE
 R55CKREG      LOG20000                                                                CITY OF MINNETONKA                                                                        4/14/2005 10:14:06

                                                                                          Council Check Register                                                                 Page -         14

                                                                                                      --


Check #    Date           Amount     Vendor / Explanation           PO #   Doc No   Inv No                    Account No   Subledger Account Description         Business Unit
                            76.00


188923    4/25/2005                  100215 GARTNER REFRIGERATION
                          1,113.53   REFRIGERATION PARTS                   53337    19904                      5210.6232             MACHINERY & AUTO            ICE ARENA
                           671.96    CONDENSER REPAIR                      53338    19943                      5210.6363             MACHINERY & AUTO            ICE ARENA
                          1,785.49


188924    4/25/2005                  121236 GRAINGER
                           180.77                                          53339    495-416642-9               1130.6239             OTHER REPAIR SUPPLIES       EQUIPMENT MAINTENANCE
                              7.16                                         53340    495-416643-7               1130.6232             MACHINERY & AUTO            EQUIPMENT MAINTENANCE
                           215.40                                          53341    495-686208-2               5110.6232             MACHINERY & AUTO            WATER & SEWER UTILITY
                           121.92                                          53342    495-146075-9               5110.6231             BUILDING                    WATER & SEWER UTILITY
                           525.25


188925    4/25/2005                  101122 GREAT PHOTOS
                            23.68    ACCESSIONING                          53343    424245                                           EVENTS - OTHER              CABLE TELEVISION
                                                                                                           2210.6380.OTH
                            23.68


188926    4/25/2005                  100101 HANSEN THORP PELLINEN OLSON IN
                       11,251.68     SUSAN LANE STORM SEWER IMPROVM        53344    13853                                            STORM SEWER - DESIGN        SUSAN LANE STORM SEWER IMPRVMT
                                                                                                           5616.6580.DES
                       11,251.68


188927    4/25/2005                  102077 HENN CO SHERIFFS DEPT
                          2,347.44   BOOKING FEES                          53346    515                        1150.6225             CARE & SUPPORT OF PERSONS   POLICE
                          2,347.44


188928    4/25/2005                  102088 HENN CO TREASURER - BD & RM
                          5,433.50   BD & RM FOR DETENTION FEB 05          53347    000891                     1150.6225             CARE & SUPPORT OF PERSONS   POLICE
                          5,433.50


188929    4/25/2005                  117523 HENNEPIN COUNTY INFORMATION TE
                          1,622.53   RADIO ADMINSITRATIVE FEE              53345    25038025                   1150.6367             SERVICE CONTRACTS           POLICE
                          1,622.53


188930    4/25/2005                  126010 HENNEPIN COUNTY TREASURER
                      738,585.00     HENN CTY AGREEMT PW 19-01-04          53348    TRAN00771                  4873.6570             ROADWAY IMPROVEMENTS        TRAFFIC STUDY CR 73 & CR 5
                      738,585.00


188931    4/25/2005                  112329 HIRSCHFIELD
                           303.53                                          53349    032171823                  1130.6231             BUILDING                    EQUIPMENT MAINTENANCE
 R55CKREG      LOG20000                                                               CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                      Council Check Register                                                                   Page -         15

                                                                                                  --


Check #    Date           Amount     Vendor / Explanation          PO #   Doc No   Inv No                 Account No   Subledger Account Description           Business Unit
                           303.53


188932    4/25/2005                  126231 HOLMES, JOHN CARTER
                           504.00    OFFICIAL                             53404    200504012               1879.6309             OFFICIALS/INSTRUCTORS CONTRACT VOLLEYBALL ADULT
                           504.00


188933    4/25/2005                  101072 HORAK, CHARLES
                            72.90                                         53350    20050412                5110.6331             USE OF PERSONAL CAR           WATER & SEWER UTILITY
                            72.90


188934    4/25/2005                  102103 HORIZON GRAPHICS
                           113.86    GENERIC BUSINESS CARDS               53351    25586                                         OTHER OP SUPPLS-INVESTIGATIONS POLICE
                                                                                                       1150.6229.INV
                           121.92    BUSINESS CARDS:RINGATE & GARDN       53352    25571                                         OTHER OP SUPPLS-INVESTIGATIONS POLICE
                                                                                                       1150.6229.INV
                           235.78


188935    4/25/2005                  124903 HYDRO METERING TECHNOLOGY
                          3,107.78                                        53353    0029297-IN              5110.6590             OTHER CAPITAL OUTLAY          WATER & SEWER UTILITY
                          3,107.78


188936    4/25/2005                  125760 IMMACULATE CLEANING, INC
                           129.08    LOCKER ROOM CARPET CLEANING          53356    1927                    5410.6367             SERVICE CONTRACTS             WILLISTON CENTER
                           129.08


188937    4/25/2005                  100426 INDUSTRIAL SUPPLY
                            24.40                                         53355    1165164                 1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                            24.40


188938    4/25/2005                  100755 INTERSTATE COMPANIES
                           420.03                                         53354    00161400                1130.6363             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                            41.19                                         53357    00161389                1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                           250.02                                         53358    00161712                1130.6363             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                           711.24


188939    4/25/2005                  113162 INVENTORY TRACKERS
                           400.00    YRLY FEE-SOFTWARE SUPP:EVID RM       53359    92377                   1150.6367             SERVICE CONTRACTS             POLICE
                           400.00


188940    4/25/2005                  102957 ITL PATCH COMPANY INC.
                           225.09    FF PATCHES                           53360    26851                   1160.6224             CLOTHING                      FIRE
                           225.09
 R55CKREG      LOG20000                                                               CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                      Council Check Register                                                                   Page -         16

                                                                                                  --


Check #    Date           Amount     Vendor / Explanation          PO #   Doc No   Inv No                 Account No   Subledger Account Description           Business Unit


188941    4/25/2005                  100692 JANI-KING
                           473.93                                         53361    04050276                1030.6367             SERVICE CONTRACTS             COMMUNITY CENTER
                           473.93


188942    4/25/2005                  126500 JIM JANSON CONSTRUCTION
                           570.00                                         53362    20050412                4560.6550             PARK DEVELOPMENT              WOODGATE PARK RENEWAL
                          2,493.75                                        53362    20050412                4539.6550             PARK DEVELOPMENT              KNOLLWAY PARK RENEWAL
                      43,904.25                                           53362    20050412                4560.6550             PARK DEVELOPMENT              WOODGATE PARK RENEWAL
                      46,968.00


188943    4/25/2005                  102594 JOHN E. REID & ASSOCIATES
                           550.00    INTERVW,INTERR METHODS:PASS          53363    19218                                         TRAINING-INVESTIGATIONS       POLICE
                                                                                                       1150.6333.INV
                           550.00


188944    4/25/2005                  100964 JOHNSON, KAY
                            41.00    INSTRUCTOR                           53364    20050412                5410.6309             OFFICIALS/INSTRUCTORS CONTRACT WILLISTON CENTER
                            41.00


188945    4/25/2005                  105612 JOHNSON, RICK
                           247.50    DEAD DEER REMOVAL                    53365    20050412                1220.6302             DEER MANAGEMENT PROGRAM       DEER MANAGEMENT
                           247.50


188946    4/25/2005                  117827 KEENAN, REBECCA
                            18.50    INSTRUCTOR                           53420    200504012               5410.6309             OFFICIALS/INSTRUCTORS CONTRACT WILLISTON CENTER
                            18.50


188947    4/25/2005                  102139 KEYS WELL DRILLING
                          8,713.00                                        53421    2005003                 5110.6369             OTHER REPAIRS & MAINTENANCE   WATER & SEWER UTILITY
                          8,713.00


188948    4/25/2005                  122195 KLEBERG, DARLENE
                           296.56    INSTRUCTOR                           53422    200504012               5410.6309             OFFICIALS/INSTRUCTORS CONTRACT WILLISTON CENTER
                           296.56


188949    4/25/2005                  125668 KOHLS, LISA
                           328.50    INSTRUCTOR                           53423    200504012               5410.6309             OFFICIALS/INSTRUCTORS CONTRACT WILLISTON CENTER
                           328.50


188950    4/25/2005                  103900 L & R SUBURBAN LANDSCAPING INC
                           240.00                                         53424    0331-027                1120.6234             STREET MAINTENANCE            STREET MAINTENANCE
 R55CKREG      LOG20000                                                             CITY OF MINNETONKA                                                                    4/14/2005 10:14:06

                                                                                    Council Check Register                                                                Page -         17

                                                                                                --


Check #    Date           Amount     Vendor / Explanation        PO #   Doc No   Inv No              Account No   Subledger Account Description           Business Unit
                           240.00


188951    4/25/2005                  120056 LAKESHORE COMMUNICATIONS, LLC
                          1,088.20   AFFIDAVITS OF PUBLICATION          53425    108009               1020.6341             LEGAL PUBLICATIONS            GENERAL ADMINISTRATION
                          1,088.20


188952    4/25/2005                  102888 LIEDL, JEAN
                            38.50    INSTRUCTOR                         53426    200504012            5410.6309             OFFICIALS/INSTRUCTORS CONTRACT WILLISTON CENTER
                            38.50


188953    4/25/2005                  126503 LIVE WIRE ELECTRIC
                            23.00    PERMIT #127102 OVERPAID            53427    200504012            1110.4230             ELECTRICAL PERMITS            COMMUNITY DEVELOPMENT
                            23.00


188954    4/25/2005                  105619 LMCIT
                          2,445.63   WORK COMP DEDUCT 2004-05           53429    200504012            6100.6396             SETTLEMENTS                   INSURANCE FUND
                          2,445.63


188955    4/25/2005                  105619 LMCIT
                           616.90    WORK COMP DEDUCT 2003-04           53429    200504012            6100.6396             SETTLEMENTS                   INSURANCE FUND
                           616.90


188956    4/25/2005                  105619 LMCIT
                           931.21    GL CLAIM - XCEL                    53428    200504012            6100.6396             SETTLEMENTS                   INSURANCE FUND
                           931.21


188957    4/25/2005                  100882 LOGIS
                           225.82                                       53430    25045                1090.6315             LOGIS                         PLANNING
                           225.82                                       53430    25045                1020.6315             LOGIS                         GENERAL ADMINISTRATION
                           225.82                                       53430    25045                1160.6315             LOGIS                         FIRE
                           225.82                                       53430    25045                1050.6315             LOGIS                         LEGAL
                          1,209.00                                      53430    25045                1040.6315             LOGIS                         INFORMATION TECHNOLOGY
                          1,449.80                                      53430    25045                1800.6315             LOGIS                         RECREATION
                          2,569.82                                      53430    25045                1100.6315             LOGIS                         ENGINEERING
                          2,994.82                                      53430    25045                1110.6315             LOGIS                         COMMUNITY DEVELOPMENT
                          4,337.82                                      53430    25045                1070.6315             LOGIS                         ASSESSING
                          4,840.82                                      53430    25045                1060.6315             LOGIS                         FINANCE
                          4,896.82                                      53430    25045                5110.6315             LOGIS                         WATER & SEWER UTILITY
                      10,476.82                                         53430    25045                1150.6315             LOGIS                         POLICE
                          5,470.85   2005 VALUE NOTICES                 53431    25077                1070.6315             LOGIS                         ASSESSING
                            99.95    DOMAIN NAME RENEWAL                53432    25077                4230.6348             COMPUTER SOFTWARE             IT TECHNOLOGY DVLP FUND
                            56.02    COURIER FEES                       53433    25077                1040.6322             POSTAGE                       INFORMATION TECHNOLOGY
 R55CKREG      LOG20000                                                                CITY OF MINNETONKA                                                                      4/14/2005 10:14:06

                                                                                       Council Check Register                                                                  Page -         18

                                                                                                   --


Check #    Date           Amount     Vendor / Explanation           PO #   Doc No   Inv No              Account No   Subledger Account Description             Business Unit
                           900.00    MDTS                                  53434    25077                1150.6393             RENTS & LEASES                  POLICE
                            50.00    ADMIN FEES                            53435    25077                1040.6315             LOGIS                           INFORMATION TECHNOLOGY
                           320.60    NETWORK SERVICES                      53436    25101                1040.6319             OTHER PROFESSIONAL/CONSULTING INFORMATION TECHNOLOGY
                      40,576.42


188958    4/25/2005                  126509 LOWRY, KATHLEEN
                            40.00    SAFETY AWARENESS REFUND               53469    20050406             1828.4850             RECREATION PROGRAM FEES         EXERCISE CLASS
                            40.00


188959    4/25/2005                  118932 MAAR
                            81.00    APRIL - JUNE MLS FEE                  53437    200914               1070.6391             DUES, SUBSCRIPT & MEMBERSHIPS   ASSESSING
                            81.00


188960    4/25/2005                  102096 MAC QUEEN EQUIP
                           392.76                                          53438    2052582              1130.6232             MACHINERY & AUTO                EQUIPMENT MAINTENANCE
                            20.81                                          53439    2052734              1130.6239             OTHER REPAIR SUPPLIES           EQUIPMENT MAINTENANCE
                           807.27                                          53440    2052631              1130.6232             MACHINERY & AUTO                EQUIPMENT MAINTENANCE
                          1,220.84


188961    4/25/2005                  100362 MARTIN MCALLISTER
                           600.00    PERSONNEL EVALUATIONS                 53441    4209                 1020.6349             MEDICAL/EVALUATIONS             GENERAL ADMINISTRATION
                           600.00


188962    4/25/2005                  104956 MASK, JILL
                            81.00    INSTRUCTOR                            53442    200914               5410.6309             OFFICIALS/INSTRUCTORS CONTRACT WILLISTON CENTER
                            81.00


188963    4/25/2005                  126504 MEDINA ELECTRIC
                           883.05    PERMIT #127153 OVERPAID               53443    200914               1110.4230             ELECTRICAL PERMITS              COMMUNITY DEVELOPMENT
                           883.05


188964    4/25/2005                  126483 MEGGITT DEFENSE SYSTEM CASWELL
                      41,373.25      FIRING RANGE EQUIP & INSTALL          53444    24594                4104.6530             FURNITURE & EQUIPMENT           FIREARMS RANGE UPDATES
                      41,373.25


188965    4/25/2005                  102050 METRO SALES
                           448.00    FAX MACHINE                           53445    177119               1040.6367             SERVICE CONTRACTS               INFORMATION TECHNOLOGY
                          2,649.00   COPIER MAINTENANCE                    53446    177636               1040.6367             SERVICE CONTRACTS               INFORMATION TECHNOLOGY
                          3,097.00


188966    4/25/2005                  126505 MEYERS, RAYMOND N.
                          2,000.00   PERM & TEMP ESMT TH7/WILLISTON        53447    200914               4890.6570             ROADWAY IMPROVEMENTS            MISC OLD PROJECTS
 R55CKREG      LOG20000                                                              CITY OF MINNETONKA                                                                   4/14/2005 10:14:06

                                                                                     Council Check Register                                                               Page -         19

                                                                                                 --


Check #    Date           Amount     Vendor / Explanation         PO #   Doc No   Inv No              Account No   Subledger Account Description          Business Unit
                          2,000.00


188967    4/25/2005                  100975 MIDWEST ASPHALT CORP
                           812.07                                        53448    55798MB              1120.6234             STREET MAINTENANCE           STREET MAINTENANCE
                          1,674.26                                       53448    55798MB              5110.6234             STREET MAINTENANCE           WATER & SEWER UTILITY
                          2,486.33


188968    4/25/2005                  101204 MINNCOR INDUSTRIES
                           547.41    CHAIR - LEGAL SECRETARY             53449    106369               1050.6530             FURNITURE & EQUIPMENT        LEGAL
                           547.41


188969    4/25/2005                  126338 MINNESOTA GLOVE
                            76.25                                        53450    165559               1120.6229             OTHER OPERATING SUPPLIES     STREET MAINTENANCE
                           121.85                                        53451    165246               5110.6224             CLOTHING                     WATER & SEWER UTILITY
                           198.10


188970    4/25/2005                  123422 MINNESOTA LICENSED BEVERAGE AS
                          1,145.00   TRAINING FEES                       53452    200914               1112.6319             OTHER PROFESSIONAL/CONSULTING ALCOHOL AWARENESS
                          1,145.00


188971    4/25/2005                  106119 MINNETONKA AUTO BODY
                           813.62                                        53454    2641                 1130.6363             MACHINERY & AUTO             EQUIPMENT MAINTENANCE
                           813.62


188972    4/25/2005                  104946 MINNETONKA COLLISION CTR
                          4,231.79                                       53455    4580                 1130.6363             MACHINERY & AUTO             EQUIPMENT MAINTENANCE
                          2,442.06                                       53456    4592                 1130.6363             MACHINERY & AUTO             EQUIPMENT MAINTENANCE
                          6,673.85


188973    4/25/2005                  102124 MINVALCO INC
                           352.62                                        53457    484833               1080.6231             BUILDING                     BUILDINGS & GROUNDS
                           352.62


188974    4/25/2005                  100395 MN PIPE & EQUIPMENT
                            83.99                                        53458    0162959              5110.6231             BUILDING                     WATER & SEWER UTILITY
                          2,717.62                                       53459    0162995              5110.6231             BUILDING                     WATER & SEWER UTILITY
                      14,282.07                                          53460    0162532              4985.6520             BUILDINGS AND STRUCTURES     TRUNK WATER IMPROVE
                      16,571.40                                          53461    0162496              4985.6520             BUILDINGS AND STRUCTURES     TRUNK WATER IMPROVE
                            38.52                                        53462    0162879              5110.6231             BUILDING                     WATER & SEWER UTILITY
                      18,480.63                                          53463    0162519              4985.6520             BUILDINGS AND STRUCTURES     TRUNK WATER IMPROVE
                      52,174.23
 R55CKREG      LOG20000                                                                   CITY OF MINNETONKA                                                                        4/14/2005 10:14:06

                                                                                          Council Check Register                                                                    Page -         20

                                                                                                       --


Check #    Date           Amount      Vendor / Explanation         PO #       Doc No   Inv No               Account No   Subledger Account Description              Business Unit
188975    4/25/2005                   100430 MN POLLUTION CONTROL AGENCY
                            30.00     MONITORING COSTS-HEDBERG TIF            53464    VP1680               3401.6308              MONITORING COSTS - HEDBERG TIF   SOILS DISTRICT #1 REV & EXP
                            30.00


188976    4/25/2005                   103611 MN RECREATION & PARK ASSOC.
                          2,500.00    05 SUMMER SOFTBALL MBRSHP DUES          53453    20040412             1865.6391              DUES, SUBSCRIPT & MEMBERSHIPS    SOFTBALL ADULT
                          2,500.00


188977    4/25/2005                   102955 MORRIES MINNETONKA FORD
                            59.95-    CREDIT                                  53465    228712               1130.6363              MACHINERY & AUTO                 EQUIPMENT MAINTENANCE
                            56.00                                             53466    F6CS341508           1130.6363              MACHINERY & AUTO                 EQUIPMENT MAINTENANCE
                            37.81                                             53467    412533               1130.6232              MACHINERY & AUTO                 EQUIPMENT MAINTENANCE
                            33.86


188978    4/25/2005                   123202 NARDINI FIRE EQUIPMENT CO
                           235.33     PERMIT #127064 OVERPAID                 53472    20040412             1110.4241              FIRE PERMITS                     COMMUNITY DEVELOPMENT
                           235.33


188979    4/25/2005                   100891 NATIONAL ASSOCIATION OF FIRE I
                            50.00     MINELL                                  53471    20040412             1160.6391              DUES, SUBSCRIPT & MEMBERSHIPS    FIRE
                            50.00     FOX                                     53471    20040412             1160.6391              DUES, SUBSCRIPT & MEMBERSHIPS    FIRE
                           100.00


188980    4/25/2005                   100413 NATL AUTO DEALERS SERVICES CO
                            60.00                                             53470    20040412             1120.6391              DUES, SUBSCRIPT & MEMBERSHIPS    STREET MAINTENANCE
                            60.00


188981    4/25/2005                   117069 OFFICE DEPOT
                            54.00     POLICE DEPT SUPPLIES                    53473    280888529-001        1150.6210              OFFICE SUPPLIES                  POLICE
                           321.65     SUPPLIES                                53474    280922904-001        1170.6210              OFFICE SUPPLIES                  UNALLOCATED
                            35.46     SUPPLIES                                53475    280065426-002        1170.6210              OFFICE SUPPLIES                  UNALLOCATED
                           546.80     SUPPLIES                                53476    281147413-001        1170.6210              OFFICE SUPPLIES                  UNALLOCATED
                            13.04     BUBBLE MAILERS                          53477    281147413-002        1170.6210              OFFICE SUPPLIES                  UNALLOCATED
                              4.48    INK STAMP                               53478    281772538-001        1150.6210              OFFICE SUPPLIES                  POLICE
                            22.35     INK STAMP                               53479    281772730-001        1150.6210              OFFICE SUPPLIES                  POLICE
                            12.01-    INK STAMP-CREDIT                        53480    281760653-001        1150.6210              OFFICE SUPPLIES                  POLICE
                              3.34    CLIPBOARD                               53481    281761800-001        1800.6210              OFFICE SUPPLIES                  RECREATION
                            29.33     BINDERS-KEITH R.                        53482    281761800-001        1100.6210              OFFICE SUPPLIES                  ENGINEERING
                            33.05     SUPPLIES                                53483    281760653-001        1170.6210              OFFICE SUPPLIES                  UNALLOCATED
                              4.48-   STAMP CREDIT                            53484    281910799-001        1170.6210              OFFICE SUPPLIES                  UNALLOCATED
                          1,047.01
 R55CKREG      LOG20000                                                                CITY OF MINNETONKA                                                                    4/14/2005 10:14:06

                                                                                          Council Check Register                                                             Page -         21

                                                                                                      --


Check #    Date           Amount     Vendor / Explanation           PO #   Doc No   Inv No                 Account No   Subledger Account Description        Business Unit
188982    4/25/2005                  118010 OHLIN SALES INC.
                            36.88    BATTERIES                             53485    00134490                1170.6210             OFFICE SUPPLIES            UNALLOCATED
                            57.96    BATTERIES                             53485    00134490                5410.6210             OFFICE SUPPLIES            WILLISTON CENTER
                            79.80    BATTERIES                             53485    00134490                1030.6222             JANITORIAL                 COMMUNITY CENTER
                           115.16    BATTERIES                             53486    00134034                1150.6229             OTHER OPERATING SUPPLIES   POLICE
                           289.80


188983    4/25/2005                  103375 OLSEN FIRE PROTECTION
                            40.58    PERMIT #127062 OVERPAID               53487    20040412                1110.4241             FIRE PERMITS               COMMUNITY DEVELOPMENT
                            40.58


188984    4/25/2005                  101361 OWENS COMPANIES INC
                           693.10                                          53488    83720                   1080.6363             MACHINERY & AUTO           BUILDINGS & GROUNDS
                      24,975.00      CITY HALL AC                          53489    83827                   4111.6520             BUILDINGS AND STRUCTURES   MISC BUILDING IMPROVEMENTS
                      25,668.10


188985    4/25/2005                  101213 P.A.T.S. TENNIS
                           877.22    TENNIS CONTRACT                       53490    254                     5410.6367             SERVICE CONTRACTS          WILLISTON CENTER
                           877.22


188986    4/25/2005                  106203 PIPER, RYAN
                            11.00                                          53468    20040412                1150.6221             GASOLINE & OIL             POLICE
                            11.00


188987    4/25/2005                  100841 POOLSIDE
                           506.18    POOL CHEMICALS                        53491    S29064                  5410.6223             CHEMICALS                  WILLISTON CENTER
                           506.18


188988    4/25/2005                  126375 PREMIER RINKS
                      37,956.60                                            53492    7452-7397               4522.6550             PARK DEVELOPMENT           BOULDER CREEK PARK RENEWAL
                      37,956.60                                            53492    7452-7397               4555.6550             PARK DEVELOPMENT           SPRING HILL PARK RENEWAL
                      75,913.20


188989    4/25/2005                  105399 QUALITY FLOW SYSTEMS INC
                          4,406.94                                         53493    15274                   5110.6540             MACHINERY AND AUTOMOBILE   WATER & SEWER UTILITY
                          4,406.94


188990    4/25/2005                  102051 R & R SPECIALTIES
                            71.50    ZAMBONI BLADE SHARPENING              53494    23374                   5210.6363             MACHINERY & AUTO           ICE ARENA
                            71.50


188991    4/25/2005                  105373 RASYAEV, IGOR
 R55CKREG      LOG20000                                                              CITY OF MINNETONKA                                                                          4/14/2005 10:14:06

                                                                                     Council Check Register                                                                      Page -         22

                                                                                                 --


Check #    Date           Amount     Vendor / Explanation         PO #   Doc No   Inv No              Account No      Subledger Account Description              Business Unit
                           416.00    OFFICIAL                            53495    20040412             1860.6309                OFFICIALS/INSTRUCTORS CONTRACT SOCCER ADULT
                           416.00


188992    4/25/2005                  100898 RAY ALLEN MANUFACTURING CO INC
                           202.85    MUZZLE/COLLAR:PIPER'S K9            53496    198495               1150.6399.K9             OTHR MISC EXP-K9                 POLICE
                           202.85


188993    4/25/2005                  102055 RELATE COUNSELING CENTER
                          4,500.00   NON-PROF ORGAN FNDNG:1ST QTR05      53497    20040412             1010.6370                AID TO OTHER AGENCIES            MAYOR AND CITY COUNCIL
                          4,500.00


188994    4/25/2005                  101660 RENOVEX
                           962.00    AEROBICS CONTRACT                   53498    20040412             5410.6367                SERVICE CONTRACTS                WILLISTON CENTER
                           962.00


188995    4/25/2005                  126443 ROBERT H. ROSS
                          2,800.00   PERM & TEMP ESMTS NINE MILE CR      53500    20040412             5607.6511                EASEMENTS                        NINE MILE CRK W.S.-LAKE (4653)
                          2,800.00


188996    4/25/2005                  100321 ROGERS PET CLINIC
                           205.28    VET EXPENSES FOR K-9 ECHO           53499    1711                 1150.6399.K9             OTHR MISC EXP-K9                 POLICE
                           205.28


188997    4/25/2005                  101229 SAVOIE SUPPLY
                            44.73                                        53501    S1726698.001         1130.6222                JANITORIAL                       EQUIPMENT MAINTENANCE
                           268.38                                        53502    S1726483.001         1130.6222                JANITORIAL                       EQUIPMENT MAINTENANCE
                            23.43                                        53503    S1729700.001         1130.6222                JANITORIAL                       EQUIPMENT MAINTENANCE
                           336.54


188998    4/25/2005                  115212 SCHERER BROTHERS LUMBER CO
                            53.03                                        53504    40063049             1080.6231                BUILDING                         BUILDINGS & GROUNDS
                            12.94                                        53505    40063050             1080.6231                BUILDING                         BUILDINGS & GROUNDS
                            65.97


188999    4/25/2005                  101394 SECOR INTERNATIONAL INC.
                           399.50                                        53506    0090109              3401.6308                MONITORING COSTS - HEDBERG TIF   SOILS DISTRICT #1 REV & EXP
                           399.50


189000    4/25/2005                  126507 SEITZ BROTHERS PLUMBING
                          5,698.00   WILLISTON TANK                      53507    38777                4111.6520                BUILDINGS AND STRUCTURES         MISC BUILDING IMPROVEMENTS
                          5,698.00
 R55CKREG      LOG20000                                                                  CITY OF MINNETONKA                                                                      4/14/2005 10:14:06

                                                                                         Council Check Register                                                                  Page -         23

                                                                                                     --


Check #    Date           Amount     Vendor / Explanation             PO #   Doc No   Inv No                 Account No   Subledger Account Description          Business Unit
189001    4/25/2005                  100329 SENIOR COMMUNITY SERVICES
                      29,000.00      SR OUTREACH PROG 2ND QTR 2005           53508    20040412                1180.6370             AID TO OTHER AGENCIES        SENIOR SERVICES
                      29,000.00


189002    4/25/2005                  126506 SMITH, CINDI
                           467.00    52 TABELCLOTHES                         53509    75100                   1030.6361             BUILDINGS & STRUCTURES       COMMUNITY CENTER
                           467.00


189003    4/25/2005                  103974 SOFTCHOICE CORP
                           381.47    DIGITAL CAMERA                          53510    692028                  1070.6348             COMPUTER SOFTWARE            ASSESSING
                           404.36    DIGITAL CAMERA                          53510    692028                  1120.6399             OTHER MISCELLANEOUS EXPEND   STREET MAINTENANCE
                           472.86    PRINTER REPLACEMENT                     53510    692028                  4230.6534             PRINTERS                     IT TECHNOLOGY DVLP FUND
                           762.94    DIGITAL CAMERAS                         53510    692028                  1070.6530             FURNITURE & EQUIPMENT        ASSESSING
                          2,021.63


189004    4/25/2005                  101397 SONNTAG, GARY
                            28.35                                            53511    20040412                5110.6331             USE OF PERSONAL CAR          WATER & SEWER UTILITY
                            28.35


189005    4/25/2005                  115792 SOUTH CENTRAL TECHNICAL COLLEG
                            80.00    STATE FIRE SCHOOL: MILLER               53512    00042747                1160.6333             TRAINING                     FIRE
                            80.00


189006    4/25/2005                  101784 SPS COMPANIES
                            26.01                                            53514    S1207185.001            5110.6231             BUILDING                     WATER & SEWER UTILITY
                            26.01


189007    4/25/2005                  102549 SPSS INC.
                           758.28    SPSS MAINTENANCE                        53513    20040412                4230.6348             COMPUTER SOFTWARE            IT TECHNOLOGY DVLP FUND
                           758.28


189008    4/25/2005                  100415 ST. LOUIS PARK, CITY OF
                           117.00    TRAINING 3/11/05: L. M-BURNS            53515    5961                    1800.6333             TRAINING                     RECREATION
                           117.00


189009    4/25/2005                  101694 ST. PAUL, CITY OF
                           120.00    CRTCL INCID PROT:WITSCH/STRICK          53516    088305                                        TRAINING-DISPATCH            POLICE
                                                                                                          1150.6333.DIS
                           120.00


189010    4/25/2005                  100206 STANTON GROUP
                           511.20    PEDOMETERS-HEAQLTH REWARDS              53517    349384                                        TRAINING-ORGANIZATIONAL      GENERAL ADMINISTRATION
 R55CKREG      LOG20000                                                                CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                       Council Check Register                                                                   Page -         24

                                                                                                   --


Check #    Date           Amount     Vendor / Explanation          PO #   Doc No    Inv No                 Account No   Subledger Account Description           Business Unit
                                                                                                        1020.6333.ORG
                           511.20


189011    4/25/2005                  101755 STREICHERS
                           129.00                                           53518   I259377                                       CLOTHING - PATROL OFFICERS    POLICE
                                                                                                        1150.6224.PAT
                           129.00                                           53519   I259376                                       CLOTHING - PATROL OFFICERS    POLICE
                                                                                                        1150.6224.PAT
                            27.58                                           53520   I258843                                       OTHER OP SUPPLS-PATROL OFFICER POLICE
                                                                                                        1150.6229.PAT
                           146.54                                           53521   I258512                                       SM TOOLS/MINOR EQPT-PATROL OFC POLICE
                                                                                                        1150.6240.PAT
                           127.69                                           53522   I256918                                       OTHER OP SUPPLS-PATROL OFFICER POLICE
                                                                                                        1150.6229.PAT
                           559.81


189012    4/25/2005                  102049 SUBURBAN TIRE
                            46.47                                           53524   20021145                1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                           173.38                                           53525   20021077                1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                           219.85


189013    4/25/2005                  102856 SUPREME BLDG MAINTENANCE INC.
                          2,750.90   APRIL CLEANING                         53523   411305                  1030.6367             SERVICE CONTRACTS             COMMUNITY CENTER
                          2,750.90


189014    4/25/2005                  116409 TAPE COMPANY , THE
                           104.92    VHS TAPES FOR EVIDENCE ROOM            53526   SOINV 000559697         1150.6229             OTHER OPERATING SUPPLIES      POLICE
                           104.92


189015    4/25/2005                  101456 TECHNAGRAPHICS
                           299.27                                           53527   500630                                        PRINTED FORMS-PATROL OFFICERS POLICE
                                                                                                        1150.6345.PAT
                           635.81                                           53528   500629                                        PRINTED FORMS-PATROL OFFICERS POLICE
                                                                                                        1150.6345.PAT
                           935.08


189016    4/25/2005                  100639 TOLL GAS & WELDING SUPPLY
                            57.19                                           53529   471470                  1130.6239             OTHER REPAIR SUPPLIES         EQUIPMENT MAINTENANCE
                            57.19


189017    4/25/2005                  101740 TRANS-ALARM INC
                           189.99                                           53530   RMR07915                1160.6367             SERVICE CONTRACTS             FIRE
 R55CKREG      LOG20000                                                                 CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                        Council Check Register                                                                   Page -         25

                                                                                                    --


Check #    Date           Amount     Vendor / Explanation            PO #   Doc No   Inv No                 Account No   Subledger Account Description           Business Unit
                           216.65                                           53531    RMR07916                1160.6367             SERVICE CONTRACTS             FIRE
                           197.94                                           53532    RMR08182                1160.6367             SERVICE CONTRACTS             FIRE
                           189.42                                           53533    RMR08108                1160.6367             SERVICE CONTRACTS             FIRE
                           203.22                                           53534    RMR08109                1160.6367             SERVICE CONTRACTS             FIRE
                            11.72                                           53535    SECD050228              1160.6367             SERVICE CONTRACTS             FIRE
                          1,008.94


189018    4/25/2005                  102045 TWIN CITY OXYGEN
                              5.58                                          53536    820925                  1150.6226             FIRST AID SUPPLIES            POLICE
                            16.74                                           53537    820874                  1800.6321             TELEPHONE                     RECREATION
                            22.32


189019    4/25/2005                  100192 TWIN CITY WATER CLINIC
                           512.00                                           53538    1291                    5110.6319             OTHER PROFESSIONAL/CONSULTING WATER & SEWER UTILITY
                            90.00                                           53539    1246                    5110.6319             OTHER PROFESSIONAL/CONSULTING WATER & SEWER UTILITY
                            90.00                                           53540    1243                    5110.6319             OTHER PROFESSIONAL/CONSULTING WATER & SEWER UTILITY
                           692.00


189020    4/25/2005                  117768 UHL CO.
                          2,164.08                                          53289    13900                   1080.6363             MACHINERY & AUTO              BUILDINGS & GROUNDS
                          2,164.08


189021    4/25/2005                  101986 UNIFORMS UNLIMITED
                           239.39                                           53290    262346                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                            11.00                                           53291    262858                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                           408.70                                           53292    262859                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                            52.35                                           53293    262860                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                           197.00                                           53294    263576                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                           115.00                                           53295    264391                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                           157.65                                           53296    266344                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                           167.51                                           53297    266969                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                           148.41                                           53298    266970                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                         1150.6224.PAT
                           140.25                                           53299    266971                                        CLOTHING - PATROL OFFICERS    POLICE
 R55CKREG      LOG20000                                                                CITY OF MINNETONKA                                                                       4/14/2005 10:14:06

                                                                                       Council Check Register                                                                   Page -         26

                                                                                                   --


Check #    Date           Amount     Vendor / Explanation          PO #    Doc No   Inv No                 Account No   Subledger Account Description           Business Unit
                                                                                                        1150.6224.PAT
                            59.75                                          53300    266972                                        CLOTHING - PATROL OFFICERS    POLICE
                                                                                                        1150.6224.PAT
                          1,697.01


189022    4/25/2005                  123908 USA BLUEBOOK
                           320.51                                          53301    949206                  5110.6232             MACHINERY & AUTO              WATER & SEWER UTILITY
                           320.51


189023    4/25/2005                  117234 VALSPAR PAINT
                            56.66                                          53302    002883809               1120.6231             BUILDING                      STREET MAINTENANCE
                            24.89                                          53303    002883634               5110.6231             BUILDING                      WATER & SEWER UTILITY
                            81.55


189024    4/25/2005                  101222 VAYNER, SAM
                           520.00    OFFICIAL                              53304    20050412                1860.6309             OFFICIALS/INSTRUCTORS CONTRACT SOCCER ADULT
                           520.00


189025    4/25/2005                  104169 VERIFIED CREDENTIALS INC.
                            80.00    RECRUITMENT CREDNTIAL CHECK           53305    061617                  1020.6347             RECRUITMENT                   GENERAL ADMINISTRATION
                            80.00


189026    4/25/2005                  124365 VIKING ELECTRICAL SUPPLY INC
                           104.74                                          53306    8928171                 1080.6231             BUILDING                      BUILDINGS & GROUNDS
                           536.50    FUSES FOR REFRIG SYSTEM               53307    8923263                 5210.6232             MACHINERY & AUTO              ICE ARENA
                            52.70                                          53308    8914524                 1080.6231             BUILDING                      BUILDINGS & GROUNDS
                           693.94


189027    4/25/2005                  125050 VIKING INDUSTRIAL CENTER
                           672.74                                          53309    154288                  1130.6229             OTHER OPERATING SUPPLIES      EQUIPMENT MAINTENANCE
                           672.74


189028    4/25/2005                  102030 VILLAGE ANIMAL HOSP
                           995.68    IMPOUND FEES MARCH 05                 53310    0231325                 1150.6399             OTHER MISCELLANEOUS EXPEND    POLICE
                           995.68


189029    4/25/2005                  102075 VILLAGE CHEV
                            57.21                                          53311    74634                   1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                             3.98                                          53312    75257                   1130.6232             MACHINERY & AUTO              EQUIPMENT MAINTENANCE
                            61.19


189030    4/25/2005                  102081 VOSS LIGHTING
 R55CKREG      LOG20000                                                               CITY OF MINNETONKA                                                                                 4/14/2005 10:14:06

                                                                                      Council Check Register                                                                             Page -         27

                                                                                                    --


Check #    Date           Amount     Vendor / Explanation          PO #   Doc No   Inv No                 Account No          Subledger Account Description              Business Unit
                           726.99                                         53313    15011226-00             1080.6231                      BUILDING                       BUILDINGS & GROUNDS
                           726.99


189031    4/25/2005                  105693 WASTE MANAGEMENT - SAVAGE MN
                        27,446.91-   FEB 05 REBATE (CREDIT)               53314    3045560-2282-9          5310.4917                      CONTRACT REBATE                ENVIRONMENTAL FUND
                          2,100.00   MARCH 05 DROP-OFF                    53314    3045560-2282-9          5310.6317                      COLLECTION CONTRACT            ENVIRONMENTAL FUND
                        39,492.36    MARCH 05 CURBSIDE                    53314    3045560-2282-9          5310.6317                      COLLECTION CONTRACT            ENVIRONMENTAL FUND
                        14,145.45


189032    4/25/2005                  126501 WILD BIRDS UNLIMITED
                           150.00    INSTRUCTOR                           53315    20050412                1877.6309                      OFFICIALS/INSTRUCTORS CONTRACT FIELD TRIPS
                           150.00


189033    4/25/2005                  122218 WINGFOOT COMMERCIAL TIRE
                           328.62                                         53316    124-1029495             1130.6232                      MACHINERY & AUTO               EQUIPMENT MAINTENANCE
                           328.62


189034    4/25/2005                  126502 YUREK, ROBERT A.
                          2,000.00   PERM & TEMP ESMT TH7/WILLISTON       53317    20050412                4890.6570                      ROADWAY IMPROVEMENTS           MISC OLD PROJECTS
                          2,000.00


189035    4/25/2005                  102039 ZIEGLER INC
                          2,268.07                                        53318    20050412                1130.6232                      MACHINERY & AUTO               EQUIPMENT MAINTENANCE
                          4,473.00                                        53318    20050412                5110.6393                      RENTS & LEASES                 WATER & SEWER UTILITY
                          6,741.07


                      2,443,736.44   Grand Total                                                         Payment Instrument Totals

                                                                                                         Check Total       2,443,736.44
                                                                                                         Total Payments    2,443,736.44
                              City Council Agenda Item #10B
                                Meeting of April 25, 2005


Brief Description:          An ordinance regarding liquor licenses.

Recommended Action:         Adopt the ordinance.


Background

The City Council introduced this ordinance at the meeting on April 11, 2005. The
ordinance contains a variety of non-substantive amendments and three substantive
changes. Council Member Wiersum inquired about one of these: the proposal to allow
the transfer of a corporate license without pre-approval by the city council as long as a
new application is submitted to the city within 15 days. Council Member Wiersum
wanted to know how this compared with other cities.

The state law governing liquor licenses provides that an intoxicating liquor license to a
corporation may be transferred with the consent of the issuing authority. If there is a
change of 10% or more of he stock, the licensee must notify the licensing authority
within 10 days. Cities can be more restrictive than state law. A review of several cities’
ordinances shows the following regarding a change of corporate ownership:

Minneapolis          Requires application for new license for transfers of corporation,
                     except those that are publicly traded. No deadline given.

Bloomington          Requires “immediate” notification and application for a new license.
                     If continuing to operate, must submit a management agreement
                     within 20 days.

Edina                Prohibits sale of more than 10% of stock without prior city approval
                     of new license.

Eden Prairie         Requires notice to city within 10 days.

Richfield            Requires notice 30 days before and application for new license
                     upon the change.

St. Louis Park       Requires notice 30 days before and city approval before transfer.
                     Excepts a change in officers and ownership for publicly traded
                     companies.

Plymouth             Requires notice 30 days before and city approval before transfer.
                     Excepts a change in officers (but not ownership) for publicly traded
                     companies.
Meeting of April 25, 2005                                                          Page 2
Subject: Ordinance re: Liquor Licenses




The requirements vary depending on the city. Staff had considered excepting publicly-
traded corporations, but that would not have helped in the recent sale of Marshall
Field’s. The corporation that held the liquor license was not publicly traded. Rather, it
was a wholly-owned subsidiary.

Given the complexities of these situations, staff is suggesting a two-prong approach.
Stock transfers of publicly-traded corporations and of corporations wholly owned by
publicly-traded corporations would be exempt from city approval. For other corporations,
a complete application for a new license must be submitted within 20 days after the
transfer rather than the previously proposed 15 days. This would be the same time
period that Bloomington requires for submission of a management agreement.

The other two substantive changes in the ordinance delete the requirement for
corporate officers to submit detailed personal financial information and the requirement
for managers to submit three letters of reference. The police have found these to be
irrelevant to their background investigations.

Recommendation

Staff recommends adoption of the ordinance.

Submitted through:
      John Gunyou, City Manager

Originated by:
       Desyl Peterson, City Attorney
                                ORDINANCE NO. 2005-

               AN ORDINANCE AMENDING CITY CODE SECTION 600
                       REGARDING LIQUOR LICENSES



The City of Minnetonka Ordains:

Section 1.    City Code Section 600.010 is amended as follows:

600.010. Definitions.

In addition to the definitions set forth in Minn. Stat. chapter 340A, the following words
are defined for the purpose of this section as follows.

1.     “License” includes a permit for consumption and display, unless otherwise
indicated.

2.     “Licensee” means any person to whom a license has been issued under the
provisions of this ordinance.

3.     “Liquor” includes both 3.2 percent malt liquor and intoxicating liquor.

4.     “Minor” means any person under the age established by Minn. Stat. §340A.503
of 21 years.

5.     “Person” means any individual, partnership, association, corporation, or club.

6.     “Sale” and “purchase” include all barters, gifts, sales and any other means used
to obtain or furnish alcoholic beverages.

7.     “Restaurant” has the meaning given to the term by Minn. Stat. § 340A.101, subd.
25, except that these establishments must have facilities for seating not fewer than 100
guests at one time for on-sale intoxicating liquor licenses.


Section 2.    City Code Section 600.015 is amended as follows:

600.015. License/Permit Required.

1.     Except as provided below, a person must not directly or indirectly, on any
pretense or by any device, sell, barter, keep for sale, or otherwise dispose of alcoholic
beverages as part of a commercial transaction without having obtained the appropriate
license from the city.


         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                 Page 2



2.     A person who business establishment or club that does not hold an on-sale
intoxicating liquor license must not directly or indirectly allow the consumption and
display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with
intoxicating liquor without first having obtained a permit from the city.


Section 3.    City Code Section 600.025 is amended as follows:

600.025. Places Ineligible.

1.    No license may be issued for any place or any business ineligible for a license
under state law.

2.    No license may be granted for operation on any premises on which taxes,
assessments or other financial claims of the city are delinquent and unpaid.

3.     a.   No “on-sale” or “on-sale wine” license may be issued unless the applicant
makes a bona fide estimation that at least 50 percent of the gross receipts of the
establishment during its first year of business will be attributable to the sale of food.

      b.      Each “on-sale” and “on-sale wine” licensee has the continuing obligation
to have at least 50 percent of gross receipts from the establishment during the
preceding business year attributable to the sale of food.

       c.    For the purpose of this requirement, “establishment” includes the food and
beverage portion of a multi-service establishment. Financial records for the food and
beverage portion must be maintained separately from the records of the remainder of
the establishment.

        d.     For the purpose of this section, “sale of food” includes gross receipts
attributable to the sale of food items, soft-drinks and nonalcoholic beverages. It does
not include any portion of gross receipts attributable to the nonalcoholic components of
plain or mixed alcoholic beverages, such as ice, soft-drink mixes or other mixes.

       e.      The council may require the production of such documents or information,
including but not limited to books, records, audited financial statements or pro forma
financial statements as it deems necessary or convenient to enforce these provisions.
The council may also obtain its own audit or review of such documents or information,
and all licensees must cooperate with such a review, including prompt production of
requested records.



         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                   Page 3


       f.     In addition to other remedies that it may have available, the council may
place the license of any “on-sale” or “on-sale wine” licensee on probationary status for
up to one year, when the sale of food is reported, or found to be, less than 50 percent of
gross receipts for any business year. During the probationary period, the licensee must
prepare any plans and reports, participate in any required meetings, and take other
action that the council may require to increase the sale of food.


Section 4.    City Code Section 600.030 is amended as follows:

600.030. 3.2 Percent Malt Liquor Licenses.

The city council may issue the following types of 3.2 percent malt liquor licenses.

1.      “On-sale 3.2 Percent Malt Liquor” Licenses. Retail “on-sale 3.2 percent malt
liquor” licenses obtained pursuant to this ordinance will permit the licensee to sell 3.2
percent malt liquors for consumption on the licensed premises and will be issued only to
restaurants, hotels, bona fide clubs and establishments used exclusively for the sale of
nonintoxicating malt beverages with the incidental sale of tobacco and soft drinks.

2.      “Off-sale 3.2 Percent Malt Liquor” Licenses. Retail “off-sale 3.2 percent malt
liquor” licenses obtained pursuant to this ordinance will permit the licensee to sell 3.2
percent malt liquors in original packages for consumption off the premises only.

3.     “Temporary” Licenses.

       a.     A temporary on-sale license for 3.2 percent malt liquor may be issued to a
club or charitable, religious or nonprofit organization subject to the following:

            (1)    submission of a completed application to the director of community
development at least 30 days in advance of the event for which the license is requested;

             (2)     submission of evidence of insurance with the same coverage limits
and provisions as is required for the issuance of an “on-sale” or “off-sale” license for an
establishment with sales of 3.2 percent malt liquor of $25,000 or more per year;

              (3)    posting of a performance bond in the amount of $1,000;

              (4)    payment of the license fee specified in section 710;

              (5)  submission of a list of responsible persons who may be contacted
in case of any emergency. Those persons must be residents of the twin cities



         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                   Page 4


metropolitan area as defined by Minn. Stat. § 473.121, subd. 2. At least one of the
listed persons must be present on the licensed premises during all hours of sale.

               (6)    submission of other information as may be required by the city
council.

        b.    The license may be issued for a specified period of time, not to exceed
three consecutive days, after a hearing on the matter by the city council. Notice of the
hearing will be mailed to all property owners within 400 feet of the subject property at
least ten days before the date of the hearing.

       c.     The license may be issued for an event to take place on public property,
including in or near any school building.

4.     Exemptions. Any person holding an on-sale intoxicating liquor license may sell
3.2 percent malt beverages at on-sale without obtaining a license under this section.
Any person holding an off-sale intoxicating liquor license may sell 3.2 percent malt
beverages at off-sale without obtaining a license under this section.


Section 5.     City Code Section 600.035 is amended as follows:

600.035. Intoxicating Liquor Licenses.

The city council may grant the following types of intoxicating liquor licenses.

1.     “On-sale intoxicating” licenses may be issued only to hotels, clubs, and
restaurants. A license may be issued to clubs and congressionally chartered veterans
organizations if they have been in existence for at least three years and liquor sales will
only be to members and bona fide guests. A restaurant that holds an on-sale
intoxicating liquor license may also operate under a caterer’s permit issued by the
Minnesota commissioner of public safety, if the operation is in accordance with state
law.

2.     “On-sale wine” licenses may be issued to restaurants for the sale of wine not
exceeding 14 percent alcohol by volume and for consumption on the licensed premises
only in conjunction with the sale of food. An on-sale wine license may only be issued to
a restaurant that has seating for at least 25 guests at one time.

3.      “Off-sale intoxicating ” licenses may be issued only to exclusive liquor stores and
will permit “off-sales” of intoxicating liquor and 3.2 percent malt liquor. As an incident to
these sales, ice, soft drinks and all forms of tobacco may also be sold.


           The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                 Page 5


4.     A license for “Sunday sales” may be issued only to a hotel or restaurant to which
an “on-sale” license has been issued. No Sunday sales license is needed for “on-sale
wine” licensees. Except in the case of “on-sale wine” licensees, no Sunday sales of
intoxicating liquor may be made without a license for Sunday sales.

5.     A “consumption and display permit” may be issued to a bottle club that complies
with the requirements of Minn. Stat. § 340A.414 and that has obtained a permit from the
commissioner of public safety. No bottle club may operate in the city without first
obtaining a permit from the city.

6.      “Temporary on-sale licenses” may be issued only to a club or charitable,
religious, or other nonprofit organization that has been in existence for at least three
years, in connection with a social event sponsored by the organization. The licenses
are subject to the same conditions listed in 600.030(3).

7.      “Temporary consumption and display permits” may be issued for one day to
nonprofit organizations in conjunction with social events sponsored by the organization
in the city. No more than ten temporary permits may be issued in one year. The permits
are subject to the same conditions listed in 600.030(3).

8.     “Temporary off-sale wine licenses” may be issued to allow for the off-sale of
vintage wine at an auction. The wine must be at least five years old and of a brand and
vintage that is not commonly being offered for sale by any wholesaler in Minnesota. No
more than 600 cases of wine may be sold at any auction, and each license may not
exceed three consecutive days.

9.     Exemption. A person who holding holds an on-sale wine license who is also
licensed to sell and an on-sale 3.2 percent malt liquors at on-sale liquor license, and
whose gross receipts are at least 60 percent attributable to the sale of food, may sell
intoxicating malt liquors at on-sale without an additional on-sale license.


Section 6.    City Code Section 600.040 is amended as follows:

600.040. License Application.

1.     Every person desiring a liquor license or permit under this ordinance must file
with the director of community development a verified written application in the form
prescribed and approved by the commissioner of public safety of the state of Minnesota.
In addition to the information required on the prescribed application form and
information required by any other officer or office of the state of Minnesota, the
application made to the city must include the following: items listed below. A person


         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                  Page 6


must not make a false statement or material omission in a license application. Any false
statement or material omission is grounds for denying or revoking a license.

1.     If the applicant is a natural person:

        a.      representations as to the applicant's character the name, place and date
of birth, street residence address, and phone number of the applicant;

       b.       the name of the business in connection with which the proposed license
will operate if it is to be conducted under a designation, name, or style other than the
name of the applicant and a certified copy of the certificate of assumed name required
by state law;;

       c.       whether the applicant is the owner and operator of the business and if not,
who is;

       d.     whether the applicant has ever used or been known by a name other than
his/her true name, and if so, what was the name, or names, and information concerning
dates and places where used;

      e.      whether the applicant is married or single. If married, the true name, place
and date of birth and street address of applicant's spouse;

      f.     street address at which applicant and spouse have lived during the
preceding ten years;

      g.    kind, name and location of every business or occupation applicant or
spouse has been engaged in during the preceding ten years;

      h.       names and addresses of applicant's and spouse's employers and
partners, if any, for the preceding ten years.

       i.     whether the applicant or spouse, or a parent, brother, sister or child of
either of them, has ever been convicted of a violation of any state law or local
ordinance, other than a non-alcohol related traffic offense. If so, the applicant must
furnish information as to the time, place and offense for each conviction;

       j.     whether the applicant or spouse, or a parent, brother, sister or child of
either of them, has ever been engaged as an employee or in operating a saloon, hotel,
restaurant, café, tavern or other business of a similar nature. If so, applicant must
furnish information as to the time, place and length of time;




            The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                    Page 7


       k.    whether the applicant has ever been in military service. If so, the
applicant must, upon request, exhibit all discharges;

       l.      the name, address and business address of each person who is engaged
in Minnesota in the business of selling, manufacturing or distributing alcoholic
beverages and who is nearer of kin to the applicant or spouse than second cousin,
whether of the whole or half-blood, computed by the rules of civil law, or who is brother-
in-law or sister-in-law of the applicant or spouse;

2.    If the applicant is a partnership:

      m.       if the applicant is a partnership, a. the name and address of all partners
               and all information concerning each partner as is required of a single an
               individual applicant as above.:

      b.       A The name(s) of the managing partner, or partners, must be designated.
               The and the interest of each partner, or partners in the business must be
               submitted with the application and, if the partnership is required to file a
               certificate as to trade name under the provisions of Minn. Stat. chapter
               333, a copy of the certificate certified by the clerk of district court must be
               attached to the application;

      c.       A true copy of the partnership agreement and a copy of the certificate of
               assumed name required by state law;

3.    n.    I If the applicant is a corporation or other organization, the applicant must
      submit the following:

      (1)a. name, and if incorporated, the state of incorporation;

      (2)b. a true copy of the certificate of incorporation, articles of incorporation or
            association agreements;

      (3)c. the name of the manager or proprietor or other agent in charge of, or to be
            in charge of the premises to be licensed, giving all information about the
            person as is required in the case of a single an individual applicant; and

      (4)d. a list of all persons who, single or together with their spouse or a parent,
            brother, sister or child of either of them, own or control an interest in the
            corporation or association in excess of 5 five percent or who are officers of
            the corporation or association, together with their addresses and all
            information as is required for a single an individual applicant.


           The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                   Page 8


4.     For all applicants:

        ao.   the floor number and street number where the sale of alcoholic beverages
is to be conducted and the rooms where the beverages are to be sold or consumed. An
applicant for an “on-sale” license must submit a floor plan of the dining room, or dining
rooms, which will be open to the public, must show dimensions and must indicate the
number of persons intended to be served in each of the rooms;

       bp.    the amount of the investment that the applicant has in the business, land,
building, premises, fixtures, furniture, or stock in trade, and proof of the source of the
money. Whenever the application for an “on-sale” license is for premises either planned
or under construction or undergoing substantial alteration, the application must be
accompanied by a set of the preliminary plans showing the design of the proposed
premises to be licensed. If the plans are on file with the department of community
development, no further plans need to be filed;

      cq.    a list of responsible persons, including the names of owners, managers
and assistant managers, who may be notified or contacted by state or city employees in
case of emergency. These persons must be residents of the twin cities metropolitan
areas as defined by Minn. Stat. § 473.121, subd. 2;

        dr.     for each manager and assistant manager with responsibility for service of
liquor, the following information must be provided:

              (1)    complete personal information requested on the city's form;

              (2)    letters of reference from three unrelated people residing in the twin
cities metropolitan area;

              (32)   two sets of fingerprints and a photograph;

               (43) certified copies of civil and criminal records searches from the
federal district court and Hennepin county district court (or alternatively, an affidavit from
an attorney who has conducted those searches); and

              (54)   such other information as the director may require.

       es.    other information which the city council deems appropriate.

2.     A person must not make a false statement or material omission in a license
application. Any false statement or material omission is grounds for denying or revoking
a license.



         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                  Page 9


3.      Each licensee has the continuing duty to properly notify the director of community
development of any change in the information or facts required to be furnished on the
application for a license. This duty continues throughout the period of the license and
failure to comply with this section constitutes cause for revocation or suspension of the
license.

4.      For each new manager or assistant manager employed after the license is
issued, a licensee must make the offer of employment contingent upon the city's
approval. Each licensee must notify the director of community development within ten
days after any new manager or assistant manager begins employment. This notification
must include the information required in section 600.040(1)(r). Failure to provide
complete and timely information will subject the licensee to the penalties provided in this
code and to potential denial of a renewed license. The director may cause an
investigation of the new managers and may disapprove the employment of these
personnel by notice to the licensee in writing. The licensee may appeal this decision to
the city council by placing a request in writing to the city clerk within ten days after the
issuance of the notice. A failure to request an appeal waives the licensee's ability to
contest the director's decision. After the appeal period has expired without an appeal,
or the city council has upheld the director's decision upon an appeal, no manager who
has been disapproved may operate in that capacity upon the licensed premises.

5.    The application for the renewal of any existing license must be made at least 90
days before the date of the expiration of the license and must be made on the form that
the council provides.


Section 7.      City Code Section 600.060 is amended as follows:

600.060. Granting of Licenses Application Procedure.

1.     No liquor license of any kind, except temporary licenses, may be issued until the
police department has conducted an investigation of the representations set forth in the
application, the applicant's moral character, and the applicant's financial status. All
applicants must cooperate with this investigation. Any false statement or material
omission made by the applicant during the course of the investigation will be grounds
for denying or revoking the license.

2.    No license may be issued until the council has held public hearings in
accordance with the following.

       a.       For 3.2 percent malt liquor licenses, one public hearing must be held



            The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                  Page 10


before the city council at least ten days after notice of the time and place has been
published in the official newspaper.

       b.     For intoxicating liquor licenses and consumption and display permits, two
public hearings will be held at least 27 days apart. Notice of the hearings will be done in
the same manner as that specified in section 300.09, subd. 3 for a zoning ordinance
amendment affecting district boundaries.

       c.    For temporary licenses, the public hearing will be held in accordance with
section 600.030(3).

      d.      At the public hearings, all persons interested in the matter will be heard,
and the hearings may be adjourned from time to time. No hearing is required for a
renewal of a license, but the council may at its option, hold a hearing.

3.    The city council may issue a license before an investigation, notice and public
hearing for:

       a.       an applicant who:

               (1)   had a liquor license within the previous five years for the
establishment that is specified in the application and that is continuing to operate under
a liquor license;

             (2)     wishes to resume operation of the business without sufficient time,
through no fault of his/her own, to meet the normal procedural requirements;

             (3)    had no liquor license ordinance violation convictions, suspensions
or revocations during the prior licensed period; and

                (4)    otherwise qualifies and meets the requirements for a license.

       (b)    an existing establishment that was covered by a liquor license issued for
the current year and that accepts reservations for private parties in separate banquet
rooms, as long as the interim liquor license allows sales only to guests at the private
parties.

       In these situations, the city council may immediately issue an interim license to
the applicant for a period no longer than 90 days, but the applicant must proceed
immediately through the specified requirements for an investigation, notice, and public
hearing. At the public hearing the council will decide whether the license should
continue in effect or be revoked. The applicant will be treated as an applicant for a new



            The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                Page 11


license and will receive no preference because of the interim license.

4.     After investigation and hearing, the council may, at its discretion, grant or deny
the application. Each application requires five affirmative votes by the city council for
approval. No “on-sale wine” license, “off-sale intoxicating” license, club “on-sale
intoxicating” license, or consumption and display permit may become effective until it,
together with the security furnished by the applicant, has been approved by the
commissioner of public safety. Within ten days of issuing an “on-sale intoxicating”
license or an off-sale or on-sale 3.2 percent malt liquor license, the city must submit to
the commissioner of public safety the full name an address of each person granted a
license, the effective date of the license, and the name under which the licensee will
conduct the business.

5.      Each license may be issued only to the applicant and for the premises described
in the application. No license may be transferred to another person or place without
application to the council in the same manner as an application for a new license.
Transfer of 25 percent or more of the stock of a corporation or of a controlling interest
thereof, whichever is less, is deemed a transfer of the license of a corporate licensee. If
the licensee is a corporation that is wholly owned by another corporation, the same
provisions about the transfer of a stock or a controlling interest applies to that parent
corporation, any second parent corporation that wholly owns the parent corporation, and
all other similarly situated parent corporations up through the chain of ownership
transfer of this amount of stock without prior council approval is a ground for revocation
or suspension of the license. In addition, each day the licensee operates under the
license after a transfer has taken place without obtaining council approval is a separate
violation of this ordinance.

6.     An application for a liquor license may be considered by the city council at the
same time an applicant is requesting any land use approvals needed for the site,
including site plan review, rezoning, or an amendment to the comprehensive guide plan.
Final approval of a liquor license may not be granted until the city council has given at
least preliminary approval to any necessary land use request.

Section 8.    A new section 600.061 is added to the city code to read as follows:

600.061. License Term, Renewal. Except as otherwise provided, each license will
expire on December 31st of the year in which it is issued. The application for the
renewal of an existing license must be made at least 90 days before the date of the
expiration of the license and must be made on the form which the city provides.

Section 9.    City Code Section 600.070 is amended as follows:



         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                  Page 12


600.070. Conditions of License Restrictions.

1.      Generally. Every license is subject to the conditions in the following paragraphs,
all other provisions of this ordinance, and of any other applicable regulations, ordinance
or state law.

2.     Maintenance of Peace. Every licensee is responsible for the conduct of his or her
place of business and the conditions of sobriety and order in it. The act of any
employee of the licensed premises authorized to sell intoxicating liquor there is deemed
the act of the licensee as well, and the licensee is liable for all penalties provided by this
ordinance equally with the employee, except criminal penalties.

3.     Display of License. Every license to sell alcoholic beverages and permit for
consumption and display must be posted in a conspicuous place in the premises for
which it is used.

4.    Inspection. Every licensee must allow any peace officer, health officer, or
properly designated officer or employee of the city to enter, inspect, and search the
premises of the licensee at reasonable hours without a warrant.

5.     Possession of Federal Stamps. No licensee may possess a federal wholesale
liquor dealer's special tax stamp or a federal gambling stamp.

6.      Consumption on Premises. A person must not consume any intoxicating or 3.2
percent malt liquor on any licensed premises more than 30 minutes following the time
established by law for cessation of the sale of liquor. No person, except an employee of
the licensed establishment, may remain on the premises or site more than 30 minutes
following the time established by law for cessation of the sale of liquor.

7.      Death of Licensee. In the event of the death of a person holding a license, the
personal representative of that person is allowed to continue to operate the business
within the terms of the license for a period not to exceed 90 days after the death of the
licensee.

8.     Changes to Premises. Persons holding “on-sale” or “on-sale wine” licenses, in
addition to being subject to the requirements of section 300.27 of this code, must report
any internal change to the licensed premises which materially enlarges, expands,
reconfigures, or alters the size of the area connected with the consumption of liquor or
the type of service offered by the establishment, before the beginning of the work. The
report must be made to the director of community development for review by the city
council and may result in altering the terms under which the license is granted. No work
may be done nor city permits issued for the work until the change is approved by the


         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                 Page 13


city council. Each day the licensee operates under the license after beginning
construction of the changes and before obtaining city council approval constitutes a
separate violation of this ordinance, resulting in a mandatory minimum civil penalty of
$100.00 per day.

9.     Gambling. A licensee must not keep, possess, or operate or permit the keeping,
possession or operation of, on the licensed premises or in any room adjoining the
licensed premises, any slot machine, dice or any gambling device or apparatus, nor
permit any gambling therein. A licensee must not permit the licensed premises or any
portion of it, or any adjoining building directly or indirectly under its control, to be used
for any illegal purpose. Notwithstanding the above, gambling licensed and permitted by
the Minnesota charitable gambling board is allowed in connection with temporary
licenses and events, and sales sponsored by the Minnesota state lottery may be made
at any licensed establishment.

10.    Hours and Days. A licensee must not sell or permit the consumption of alcoholic
beverages except in compliance with the hours and days established in Minn. Stat. §
340A.504. In addition, no “off-sale” may be made before 8:00 a.m. or after 8:00 p.m.,
except that on Friday and Saturday sales may be made until 10:00 p.m. No “off-sales”
are permitted on December 24 after 8:00 p.m. No “off-sales” may be made on
Thanksgiving Day or Christmas Day, but on the evenings preceding New Years Day,
Independence Day, and Thanksgiving Day, “off-sales” may be made until 10:00 p.m. if
the sale of liquor is not otherwise prohibited.

11.    Consumption Outside Licensed Premises. A person must not possess open
containers of alcoholic beverages or consume alcoholic beverages on the premises
under the licensee's control outside of the licensed structure or in any area of the
licensed premises that was not designated for these activities in the license application.

12.    Mandatory Training Seminars. Each licensee must have at least one
representative attend all mandatory liquor license training seminars conducted by the
city. The representative need not be the same person each time but must hold a
position of responsibility in either the ownership or management of the licensee.

13.    Health and Food Regulations. Each “on-sale” and “on-sale wine” license has the
continuing obligation to comply with all state and local health and food-handling
regulations. At the time of application for any new or renewed license, the city council
may review the establishment's health and food-handling inspection results. In addition
to other remedies that it may have available, the council may place the license of any
“on-sale” or “on-sale wine” licensee on probationary status for up to one year when
inspections reveal the establishment has not achieved passing scores. During the



         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                               Page 14


probationary period, the licensee must take such action as may be required to achieve
passing scores, will be subject to subsequent inspections for compliance, and will be
subject to other conditions which the council may impose.

14.     Sale of Food. Each “on-sale” and “on-sale wine” licensee has the continuing
obligation to have at least 50 percent of gross receipts from the establishment
attributable to the sale of food during the license term.

       a.    For the purpose of this requirement, “establishment” includes the food and
beverage portion of a multi-service establishment. Financial records for the food and
beverage portion must be maintained separately from the records of the remainder of
the establishment.

        b.     For the purpose of this section, “sale of food” includes gross receipts
attributable to the sale of food items, soft-drinks and nonalcoholic beverages. It does
not include any portion of gross receipts attributable to the nonalcoholic components of
plain or mixed alcoholic beverages, such as ice, soft-drink mixes or other mixes.

       c.      The council may require the production of such documents or information,
including but not limited to books, records, audited financial statements or pro forma
financial statements as it deems necessary or convenient to enforce these provisions.
The council may also obtain its own audit or review of such documents or information,
and all licensees must cooperate with such a review, including prompt production of
requested records.

       d.     In addition to other remedies that it may have available, the council may
place the license of any “on-sale” or “on-sale wine” licensee on probationary status for
up to one year, when the sale of food is reported, or found to be, less than 50 percent of
gross receipts for any business year. During the probationary period, the licensee must
prepare any plans and reports, participate in any required meetings, and take other
action that the council may require to increase the sale of food.

15.    Changes in Required Information. Each licensee has the continuing duty to
promptly notify the director of community development of any change in the information
or facts required to be furnished on the application for a license. This duty continues
throughout the period of the license and failure to comply with this section constitutes
cause for revocation or suspension of the license.

16.     Change in Managers. For each new manager or assistant manager employed
after the license is issued, a licensee must make the offer of employment contingent
upon the city's approval. Each licensee must notify the director of community



         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                               Page 15


development within ten days after any new manager or assistant manager begins
employment. This notification must include the information required in section
600.040(4)(d). Failure to provide complete and timely information will subject the
licensee to the penalties provided in this code and to potential denial of a renewed
license. The director may cause an investigation of the new managers and may
disapprove the employment of these personnel by notice to the licensee in writing. The
licensee may appeal this decision to the city council by placing a request in writing to
the city clerk within ten days after the issuance of the notice. A failure to request an
appeal waives the licensee's ability to contest the director's decision. After the appeal
period has expired without an appeal, or the city council has upheld the director's
decision upon an appeal, no manager who has been disapproved may operate in that
capacity upon the licensed premises.

17.    Transfer of License.

a.     Generally. Each license is issued only to the applicant and for the specific
location on the premises that is described in the application and that is approved by the
city council. No license may be transferred to another person or place without
application to the council in the same manner as an application for a new license.

b.     Corporations. Transfer of 25 percent or more of the stock of a corporation or of a
controlling interest thereof, whichever is less, is deemed a transfer of the license of a
corporate licensee, except for a corporation whose stock is publicly traded on a stock
exchange or which is wholly owned by a corporation whose stock is publicly traded on a
stock exchange. If a complete application for a new license is submitted to the city
within 20 days after the transfer of corporate ownership takes place, a corporate
licensee may continue to operate under the current license, but only while the new
license application is pending. Each day a licensee operates under the license after a
transfer has taken place without complying with this ordinance is a separate violation.


Section 10. A violation of this ordinance is subject to the penalties and provisions of
Chapter XIII of the city code.

Section 11. This ordinance is effective 30 days after publication.


Adopted by the city council of the City of Minnetonka, Minnesota, on




         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                Page 16



Karen J. Anderson, Mayor

ATTEST:




Kathleen A. Magrew, City Clerk


ACTION ON THIS ORDINANCE:

Date of introduction:
Date of adoption:
Motion for adoption:
Seconded by:
Voted in favor of:
Voted against:
Abstained:
Absent:
Ordinance adopted.

Date of publication:


CERTIFIED COPY:

I certify that the foregoing is a correct copy of an ordinance adopted by the city council
of the City of Minnetonka, Minnesota, at a meeting held on




Kathleen A. Magrew, City Clerk


Date:




         The stricken language is deleted; the underlined language is inserted.
                             City Council Agenda Item #10C
                                Meeting of April 25, 2005


Brief Description:          Resolution receiving feasibility report, ordering
                            improvements in, and authorizing the preparation of plans
                            and specifications for the Excelsior Circle Drainage
                            Improvement Project No. 5614.

Recommended Action:         Adopt the resolution.


Background

At its meeting of January 27, 2003, the city council received a petition and authorized
the preparation of a feasibility report for storm sewer improvements in the Excelsior
Circle area. The lack of storm sewer and curb and gutter in the cul-de-sac of Excelsior
Circle has contributed to the erosion of a nearby slope.

Feasibility Report

The feasibility report proposes to reconstruct the street to drain south into the existing
catch basins near the intersection with Excelsior Boulevard. The addition of concrete
curb and gutter and minor changes to the grades in the cul-de-sac will control storm
water runoff in the street and prevent further erosion of the adjacent boulevard areas.
No additional storm sewer will be constructed as part of this project.

Easements

No easements will be required for this project.

Informational Meeting

An informational meeting was held on April 4, 2005. All residents in attendance had
signed the original petition, and support the project.

Estimated Project Cost and Funding

The total estimated cost, including construction, engineering, and administration is
$46,251. It is proposed to finance the project from the Storm Water Fund. The city’s
2005 Capital Improvements Program has allocated $57,000 for the project.
Meeting of April 25, 2005                                                        Page 2
Subject: Resolution pertaining to the Excelsior Circle Drainage Improvements



Recommendation

Adopt the attached resolution receiving the feasibility report, ordering the improvements
in, and authorizing the preparation of plans and specifications for the Excelsior Circle
Drainage Improvement Project No. 5614.

Submitted through:
      John Gunyou, City Manager
      Lee Gustafson, P.E., Director of Engineering

Originated by:
       Jennifer K. Posma, P.E., Assistant City Engineer
                               RESOLUTION NO. 2005-

 RESOLUTION RECEIVING FEASIBILITY REPORT, ORDERING IMPROVEMENTS
 IN, AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS
 FOR THE EXCELSIOR CIRCLE DRAINAGE IMPROVEMENT PROJECT NO. 5614


BE IT RESOLVED by the City Council of the City of Minnetonka, Minnesota as follows:

Section 1.   Background.

1.01.        A feasibility report was prepared by and/or under the direction of the
             Engineering Department of the City of Minnetonka with reference to the
             proposed improvements for the Excelsior Circle drainage improvements.

1.02.        This report was received by the City Council on April 25, 2005, with the
             project to be known as:

             EXCELSIOR CIRCLE DRAINAGE
             IMPROVEMENT PROJECT NO. 5614

Section 2.   Council Action.

2.01.        The feasibility report is hereby accepted and the preparation of plans and
             specifications are hereby authorized.

2.02.        The proposed improvements are hereby ordered as proposed.

2.03.        The City Engineer is hereby designated as the engineer for this improvement.
             He may retain any professional help he deems necessary.


Adopted by the City Council of the City of Minnetonka, Minnesota, on April 25, 2005.



Karen J. Anderson, Mayor


ATTEST:



Kathleen A. Magrew, City Clerk
Resolution No. 2005-                                                                 Page 2


ACTION ON THIS RESOLUTION:

Motion for adoption:
Seconded by:
Voted in favor of:
Voted against:
Abstained:
Absent:
Resolution adopted.



I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the
City Council of the City of Minnetonka, Minnesota, at a duly authorized meeting held on
April 25, 2005.



Kathleen A. Magrew, City Clerk
              Feasibility Report


_______________________________________

              Excelsior Circle

       Drainage Improvements
____________________________


                  Project No. 5614

                   April 25, 2005


        City of Minnetonka Engineering Department
                       Feasibility Report

                          Excelsior Circle

                   Drainage Improvements

                       Project No. 5614

                          April 25, 2005



                       CERTIFICATION


I hereby certify that this report was prepared by me or under my
direct supervision, and that I am a duly Licensed Professional
Engineer under the laws of the State of Minnesota.



Jennifer K. Posma, P.E.


Date: April 25, 2005                            Reg. No. 25050




                    City of Minnetonka
                14600 Minnetonka Boulevard
                Minnetonka, MN 55345-1597
                      (952) 939-8200
                                                               Table of Contents
                             Title Page
                             Certification Page
                             Table of Contents

                             1.0      Introduction..................................................................................1
                                      1.1    Authorization
                                      1.2    Background

                             2.0      Existing Conditions......................................................................1
                                      2.1    Drainage Area Description
                                      2.2    Existing Drainage System
                                      2.3    Existing Streets

                             3.0      Criteria for Investigation..............................................................2
                                      3.1     City Criteria
                                      3.2     Other Agency Criteria

                             4.0      Proposed Improvements – Streets and Restoration....................2

                             5.0      Easement Considerations............................................................3

                             6.0      Neighborhood Meeting................................................................3

                             7.0      Estimated Costs............................................................................3

                             8.0      Proposed Financing....................................................................3

                             9.0      Recommended Action and Schedule..........................................3

                             Table
                                      1.        Engineer’s Estimate

                             Figures
                                   1.           Project Location Map
                                   2.           Proposed Improvements

                             Appendix
                                   1.           Petition




Excelsior Circle Drainage Improvement Project No. 5612
Feasibility Report
Excelsior Circle
Drainage Improvements


1.0    Introduction

       1.1     Authorization

               On January 27, 2003, the Minnetonka City Council received a petition and
               authorized the preparation of a feasibility report for storm sewer improvements.
               See Appendix.

       1.2     Background

               Excelsior Circle is a residential street located on the north side of Excelsior
               Boulevard, approximately one-half mile east of County Road 60 (Baker Road).
               See Figure 1.

               In 1999, storm sewer improvements were constructed at the intersection of
               Excelsior Circle and Excelsior Boulevard to provide an outlet for a landlocked
               storm water basin on the west side of Excelsior Circle. Approximately the first
               100 feet of the street was reconstructed with concrete curb and gutter as part of
               the project.

               The lack of storm sewer and curb and gutter in the cul-de-sac of Excelsior Circle
               has contributed to the erosion of a steep slope at 12740 Excelsior Circle.

2.0    Existing Conditions

       2.1     Drainage Area Description

               Approximately 0.4 acres drain to the cul-de-sac from the adjoining properties
               north and east of Excelsior Circle. The area is nearly fully developed.

       2.2     Existing Drainage System

               Existing catch basins and storm sewer on Excelsior Circle near the intersection
               with Excelsior Boulevard collect most of the storm water runoff from the street
               except the cul-de-sac area. The cul-de-sac drains to a low point on the southwest
               edge of the pavement in front of 12740 Excelsior Circle. From there it overtops
               the bituminous curb and runs down the adjacent steep slope into a storm water


Excelsior Circle Drainage Improvement – Project No. 5614                                     Page 1
               basin. The steep slope is eroding as a result and the bituminous street surface is
               deteriorating due to the storm water runoff.

       2.3     Existing Streets

               The existing pavement width on Excelsior Circle is approximately 20 feet and is
               shifted southeasterly in the 40-foot right-of-way. The pavement is in fair to good
               condition in areas with no curb and gutter and good condition in the area with
               curb and gutter.

3.0    Criteria for Investigation

       3.1     City Criteria

               The City’s Water Resources Management Plan (WRMP) was used as a
               background analysis for preliminary design of storm drainage improvements. The
               WRMP offers guidelines on when to design a storm sewer system for a 10-year
               average frequency storm or a 100-year average frequency storm. The 10-year
               design storm is typically used for storm sewers where the risk of flooding is not
               large. Storm sewers capable of handling the 100-year design storm might be used
               in areas where flooding or significant property damage might occur.

       3.2     Other Agency Criteria

               This project area is within the Nine Mile Creek Watershed District. The final
               design and implementation of this project will need to show compliance with
               watershed district rules and regulations.

               The scope of the project does not appear at this time to require review and
               approval by other agencies.

4.0    Proposed Improvements – Streets and Restoration
               It is proposed to reconstruct the entire length of Excelsior Circle north of the two
               catch basins located at the intersection with Excelsior Boulevard. See Figure 2.
               The street will be reconstructed to 20 feet wide with concrete curb and gutter. A
               standard street section of five inches of bituminous over six inches of aggregate
               base was used for estimating purposes in the preparation of this report. This
               section represents the City of Minnetonka minimum standard for residential
               streets.

               With minor, but critical, changes to the vertical grade elevations in the cul-de-sac
               and southerly edge of the street, drainage can be directed into the existing storm
               sewer without needing to extend the storm sewer into the cul-de-sac area. Slight



Excelsior Circle Drainage Improvement – Project No. 5614                                      Page 2
               adjustments to the horizontal alignment of the street will be made, mostly to
               provide a consistent street width and diameter on the cul-de-sac.

               All disturbed boulevard areas adjacent to the proposed street construction will be
               sodded or seeded to match existing conditions. The eroded slope along the
               southwesterly edge of the cul-de-sac at 12740 Excelsior Circle will be
               reestablished and stabilized.

5.0    Easement Considerations
               No easements are required for this project. All proposed work will take place
               within the public right-of-way.

6.0    Neighborhood Meeting
               An informational meeting was held on April 4, 2005 in the Council Chambers.
               Four residents representing three of the five properties on Excelsior Circle
               attended. All attendees supported the project.

7.0    Estimated Costs

               The total estimated cost, including construction, engineering, and administration
               costs is $46,251. The project will be designed and inspected by city staff. See
               Table 1 for an itemized tabulation of estimated costs.

8.0    Proposed Financing
               It is proposed to finance the project from the Storm Water Fund. The city’s 2005
               Capital Improvements Program has allocated $57,000 for the project.

9.0 Recommended Action
               Based on the information presented in this report, it is concluded that the project
               is necessary, cost-effective, and feasible from an engineering standpoint.

               Thus, it is recommended that the city council proceed with the project in
               accordance with the following schedule:

                        Receive feasibility report, order
                        improvements in, and authorize preparation
                        of final plans and specifications.                 April 25, 2005

                        Accept plans and specifications and
                        authorize advertisement for bids                   May 23, 2005


Excelsior Circle Drainage Improvement – Project No. 5614                                       Page 3
                        Award contract                     June 27, 2005

                        Begin construction                 July 2005

                        Construction Complete              Fall 2005




Excelsior Circle Drainage Improvement – Project No. 5614                   Page 4
                                                 Table 1
                                          Engineer’s Estimate
                                Excelsior Circle Drainage Improvement
                                           Project No. 5614

Item
No.     Description                                    Quantity   Unit    Unit Price     Total Price
  1     Mobilization                                        1     L.S.       $6,000.00       $6,000.00
  2     Remove Retaining Wall                               1     S.Y.       $1,500.00       $1,500.00
  3     Remove Concrete Curb                               20     S.Y.           $4.50          $90.00
  4     Remove Bituminous Pavement                         585    L.F.           $5.00       $2,925.00
  5     Sawing Bituminous Pavement                         60     L.F.           $6.00         $360.00
  6     Sawing Concrete Driveway Pavement                  20     L.F.           $7.00         $140.00
  7     Common Excavation (P)                              68     C.Y.          $20.00       $1,360.00
  8     Topsoil Borrow (LV)                                73     C.Y.          $20.00       $1,460.00
  9     Test Rolling (Rd Sta)                               2     Each         $100.00         $200.00
 10     Agg Base Cl #5 (100% crushed agg) (6”)             140    Ton           $21.50       $3,010.00
 11     Type 41A Wear Course Mixture (1 ½”)                57     Ton           $75.00       $4,275.00
 12     Type 31B Base Course Mixture (3 ½”)                134    Ton           $50.00       $6,700.00
 13     Type 41 Bit Driveway (2 ½”)                        10     Ton          $120.00       $1,200.00
 14     Bit Mat for Tack Coat                              35     Gal           $11.00         $385.00
 15     B612 Concrete Curb/Gutter                          530     L.F.         $10.00       $5,300.00
 16     6” Concrete Driveway Pavement w/4” Cl #5           175     S.F.          $5.50        $962.5 0
 17     Adjust Frame & Ring Casting                         1      Each        $325.00         $325.00
 18     Silt Fence-Assembled                               150     L.F.          $4.00         $600.00
 19     Sodding Type Lawn (Mineral)                        500     S.Y.          $3.50       $1,750.00


                                                                          SUBTOTAL          $38,542.50
        10% Contingency                                                                      $3,854.25
                                                                          SUBTOTAL          $42,396.75
        Engineering, Administration 10%                                                       3,854.25
        Total Project Costs                                                                 $46,251.00




Excelsior Circle Drainage Improvement – Project No. 5614                                        Page 5
Appendix
                             City Council Agenda Item #10D
                                Meeting of April 25, 2005


Brief Description:          Resolution accepting plans and specifications and
                            authorizing the advertisement for bids for the Susan Lane
                            Storm Sewer Improvement Project No. 5616.

Recommended Action:         Adopt the resolution.


Background

The need for this project was identified as a result of the CSAH 101 street improvement
project scheduled to commence in 2005. Additional drainage from the CSAH 101 street,
right-of-way and adjacent properties will be directed into a wetland at the northwest
quadrant of CSAH 101 and Susan Lane. This additional drainage will aggravate an
existing flooding problem for adjacent homes and Susan Lane.

This project will provide storm sewer outlets for the two landlocked ponds at the north
intersection of Susan Lane and CSAH 101. The downstream storm sewer will also be
upgraded as necessary.

At its meeting of March 21, 2005 the city council received the feasibility report, ordered
the improvements in, and authorized the preparation of plans and specifications.

Proposed Improvements

It is proposed to install storm sewer outlet pipes from the two landlocked ponds on the
north leg of Susan Lane in the vicinity of County Road 101 and Leeman’s Court. The
existing outlet from the downstream pond at the intersection of Susan Lane and
Leeman’s Drive will also be upgraded as part of the project.

It is proposed to reconstruct Leeman’s Court with concrete curb and gutter as part of
this project. The surrounding area streets are scheduled for milling and overlaying in
2006.

Estimated Project Cost and Funding

The total estimated cost of the project, including construction, engineering, and
administration, is $340,000.

Hennepin County has agreed to contribute $50,000 as part of the CSAH 101
improvement project. The developer of the Deephaven Cove development will
contribute $78,475. It is proposed to fund the remainder of the project cost from the
Meeting of April 25, 2005                                                   Page 2
Subject: Items pertaining to the Susan Lane Storm Sewer Improvement Project


Storm Water Fund. As part of the CSAH 101 funding, $640,000 was allocated from the
Storm Water Fund for this project.

Project Schedule

It is expected that the project will be bid in late May and constructed in summer 2005.

Recommendation

Adopt the attached resolution accepting plans and specifications and authorizing the
advertisement for bids for the Susan Lane Storm Sewer Improvement Project No. 5616.

Submitted through:
      John Gunyou, City Manager
      Lee Gustafson, P.E., Director of Engineering

Originated by:
       Jennifer K. Posma, P.E., Assistant City Engineer
                               RESOLUTION NO. 2005-

  RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS AND AUTHORIZING
   THE ADVERTISEMENT FOR BIDS FOR THE SUSAN LANE STORM SEWER
                        PROJECT NO. 5616


BE IT RESOLVED by the City Council of the City of Minnetonka, Minnesota as follows:

Section 1.   Background.

1.01.        Pursuant to city council authorization on March 21, 2005, the plans and
             specifications have been prepared by and/or under the direction of the city
             engineer who is a Licensed Professional Engineer in the State of Minnesota
             for the Susan Lane Storm Sewer Improvement Project No. 5616.


1.02.        The plans and specifications for the construction of the aforementioned
             project have been presented to the city council for approval.

Section 2.   Council Action.

2.01.        The plans and specifications, copies of which are attached hereto and made
             a part hereof, are hereby accepted upon the recommendation of the city
             engineer.

2.02.        The city clerk shall prepare and cause to be inserted in the official newspaper
             and in the Construction Bulletin an advertisement for bids for the making of
             such improvements under such approved plans and specifications. The
             advertisement shall be published for two (2) publication dates, shall specify
             the work to be done, shall state that bids will be opened and read aloud at
             2:00 pm, local time, on May 17, 2005 in the City Council Chambers at the
             Minnetonka Community Center, and that no bids will be considered unless
             sealed and filed with the clerk and accompanied by a cash deposit, cashier's
             check, bid bond or certified check made payable to the city clerk for five (5)
             percent of the amount of the bid.


Adopted by the City Council of the City of Minnetonka, Minnesota, on April 25, 2005.



Karen J. Anderson, Mayor
Resolution No. 2005-                                                                 Page 2


ATTEST:



Kathleen A. Magrew, City Clerk

ACTION ON THIS RESOLUTION:

Motion for adoption:
Seconded by:
Voted in favor of:
Voted against:
Abstained:
Absent:
Resolution adopted.



I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the
City Council of the City of Minnetonka, Minnesota, at a duly authorized meeting held on
April 25, 2005.



Kathleen A. Magrew, City Clerk
                    N LA.
                S  A
             SU
                                S CT.
                           A N
                      LEEM
                  LEEMANS DR.


                    SUSAN L
                       WAY     A.



                                    COUNTY RD. NO. 101
           HILL
 HUNTERS




           SUSAN DR.




     Susan Lane
Storm Sewer Improvements
                                                                                        $
                                                                                        north




                                                     This map is for illustrative purposes only.
                             City Council Agenda Item #10E
                                Meeting of April 25, 2005

Brief Description:          Authorization to sell additional Shady Oak Lake Cemetery
                            plots.

Recommended Action:         Motion to approve.

Background

On September 29, 2003, the city council formally approved an agreement with the
Shady Oak Lake Cemetery Association to acquire the Shady Oak Lake Cemetery.
Terms of the agreement included the association transferring ownership of the property,
along with their existing treasury funds earmarked towards maintaining the property. In
return, the city agreed to manage the cemetery, provide perpetual care of the property,
and sell cemetery plots for up to one year after taking ownership with no obligation to
sell more than 24 plots. This number was selected based on the association’s estimate
of two sales per month.

Shady Oak Lake Cemetery is located on approximately three acres of property adjacent
to Lone Lake Park. It is the Councils’ intent to maintain cemetery operations on
approximately one acre of property where grave plots are currently located, leaving the
remaining two acres designated as park land.

In December of 2004, the legal transfer of the property was completed and the city
officially began to manage the site. As part of this process, the availability of cemetery
plots was advertised to city residents generating considerable interest. To date, 42
inquiries of interest have been submitted to the city. Due to the fact that several of these
inquiries are for multiple plots, the actual number of plots to be sold could be as high as
100 at the current time. Residents interested in purchasing a cemetery plot have until
May 1, 2005 to submit a request.

In January of 2005, to address the overwhelming interest residents have had in
purchasing cemetery plots, staff began exploring the feasibility of selling plots beyond
the minimum of 24 indicated in the agreement. Although the city’s intent was not to get
into the long-term business of selling cemetery plots, additional plots could be sold to
meet existing demands without compromising the two acres of property designated as
park land.

Staff has met with designated representatives of the now defunct Shady Oak Lake
Cemetery Association. The association ceased to exist when ownership of the property
was transferred to the city. After meeting to discuss the city’s request to sell additional
plots, Gene Herzan, the association’s designated transfer representative indicated that
past members approve of expanding the number of plots to be sold, however were not
supportive of extending the time period beyond one year. An e-mail message from Mr.
Herzan is included as an attachment.
Meeting of April 25, 2005                                               Page 2
Subject: Authorization to sell additional Shady Oak Lake Cemetery plots


Recommendations

Staff recommends that the total number of grave plots made available for sale be
extended, and not exceed120 plots. This change would eliminate the need to conduct a
lottery to distribute plots. Inquiries have been received from interested residents since
October of 2003 and can continue through May 1, 2005. Based on the sale of all 120
cemetery plots, $66,000 in additional revenue would be generated and allocated
towards the perpetual care fund of the cemetery.

Submitted through:
      John Gunyou, City Manager
      Dave Johnson, Director of Recreation Services


Originated by:
       Jennifer Garvey, Assistant Facilities Manager
From: GHerzan@aol.com [mailto:GHerzan@aol.com]
Sent: Sunday, March 13, 2005 4:13 PM
To: Jennifer Garvey
Subject: Cemetery Board discussion

Hi Jenny,

The governing board of the Shady Oak Lake Cemetery Association consists of
the President, the Vice President, the Secretary/Treasurer, and myself, the
Ownership Transfer Coordinator. The matter of the number and time limit for
grave sales, items c. and d. of the deed signed December 3, 2004, has been
discussed with all the board members. They all concur with the position spelled
out in my E-mail to you of 3/4/05, namely that we do not object to more than
24 additional graves being sold but would very much like to see grave sales stop
on or before December 3, 2005.

A request for a certificate of dissolution in accordance with Minnesota statute
317A.721 for the Minnesota Corporation known as the Shady Oak Lake
Cemetery Association was mailed to the Minnesota Secretary of State on
February 25, 2005. To date no reply has been received. I will let you know if we
do receive the requested certificate.

Call or E-mail me if you need something else, Jenny.



Gene Herzan
Ownership Transfer Coordinator
Shady Oak Lake Cemetery Association
5056 Belwood Lane
Minnetonka MN 55345-4401
Phone: (952) 934-3330
E-mail: gherzan@aol.com
                            City Council Agenda Item #10F
                               Meeting of April 25, 2005


Background Description:            Final approval of the TWELVE OAKS CENTER
                                   THIRD ADDITION plat at 15550 Wayzata Boulevard.

Recommended Action:                Approve the final plat.


Introduction

Applicant:     McNutt Real Estate Holdings, LLC

Location:      15550 Wayzata Boulevard (See the maps on pages A1–A2.)

Proposal:      The applicant is requesting final approval of the TWELVE OAKS CENTER
               THIRD ADDITION plat. The proposal is to build a two-story, 24,162-
               square-foot office building and remodel the existing Chi Chi's restaurant
               into office space at 15550 Wayzata Boulevard. (See the final plat on page
               A3.)


Past Action

On February 14, 2005, the city council approved the preliminary plat. (See the
preliminary plat on page A4 and the minutes on pages A7–A8.)


Comments

The applicant has met all of the conditions needed for final plat approval. Several
preliminary plat conditions, such as approval of title work and restrictive covenants,
must be completed before the City releases the final plat.


Staff Recommendation

Approve the TWELVE OAKS CENTER THIRD ADDITION final plat that was received
on April 1, 2005, subject to the following conditions:

1.     Compliance with all preliminary plat conditions, especially the specific conditions
       for release of the plat; and

2.     Unless the City Council approves a time extension, the final plat must be
       recorded within one year of Council approval of the final plat.
Meeting of April 25, 2005                                      Page 2
Subject: TWELVE OAKS CENTER THIRD ADDITION Final Plat, 15550 Wayzata Blvd


Submitted through:
      John Gunyou, City Manager

Originated by:
       Geoff Olson, Planning Director


G:\WORD\2005 City Council Items\2005 Council Staff Reports\cl04087.05a.doc
                            City Council Agenda Item #10G
                               Meeting of April 11, 2005


Brief Description:          Preliminary and final approval of the WEINARD ADDITION
                            plat to divide the existing property into two lots at 12802
                            Sheffield Curve for Michael Weinard.

Recommended Action:         Approve the preliminary and final plats.


Introduction

Michael Weinard is proposing to divide the property at 12802 Sheffield Curve into two
lots. The existing home would remain and a new house would be built on the new lot.
(See the narrative and plans on pages A5–A6.) The applicant is requesting preliminary
and final approval of the plat.


Primary Issues

•   Is the proposed plat reasonable?

    Yes. As proposed, Mr. Weinard’s 1.3-acre property would be divided into two lots.
    The lots would be consistent with the sizes of other properties in the area and would
    meet all city code requirements. (See page A7.) Specific lot standards are outlined in
    the “Supporting Information” section of this report.

•   Would the proposal negatively impact drainage in the area?

    No. There is a low area in the southwest corner of the existing property. As part of
    the plat review, a drainage study was done to determine whether building a house
    on the property would negatively impact the storage or function of this area. The
    report concluded that, if properly graded, the proposal would not negatively impact
    the area. The city engineer has reviewed the proposal and the drainage study and
    finds them to be acceptable.

    The drainage study did suggest that an emergency overflow could be provided from
    the area, if some grading were done on the neighboring property to the west. (See
    page A6.) The city engineer notes that this would be a good idea regardless of
    whether a new house was constructed or not. However, as grading must occur on a
    property not part of the plat request, this grading and outlet is not a condition of
    approval.
Meeting of April 25, 2005                                                    Page 2
Subject: Preliminary and Final Plats, 12802 Sheffield Curve


Comments

The applicant has met all of the conditions needed for final plat approval. Several
preliminary plat conditions, such as approval of title work and restrictive covenants,
must be completed before the city releases the final plat.


Planning Commission Recommendation

On March 31, 2005, the planning commission unanimously recommended that the city
council approve the plat. (See the minutes on pages A11–A13.) Staff has modified the
conditions to reflect final plat approval.


Staff Recommendation

Give preliminary and final approval to the Weinard Addition plat, date-stamped March
14, 2005. Approval is based on the finding that the plat meets the required standards
and ordinances. Approval is subject to the following conditions:

1)     The following items must be submitted to the city before the city releases the final
       plat:

       a.     An engineering/utility inspection fee.

       b.     An electronic CAD file of the final plat in microstation or DXF on a CD disk.

       c.     The following documents for the city attorney’s approval:

              (1)    Title evidence that is acceptable to the city attorney. Title evidence
                     must be current within thirty days before release of the final plat.

              (2)    Restrictive covenants to be recorded against the individual lots with
                     the plat. The covenants must include the conditions that have not
                     been met as of the release of the plat.

              These documents must be recorded with the final plat, and a drawing of
              any easement must be attached to the easement deed.

       d.     A revised plat showing an additional seven feet of right-of-way along
              Plymouth Road.

2)     The following must be submitted to the city before the city issues a building
       permit:
Meeting of April 25, 2005                                                   Page 3
Subject: Preliminary and Final Plats, 12802 Sheffield Curve


      a.     A grading and tree preservation plan, subject to staff review and approval.
             The plans must be in substantial compliance with agreed building areas as
             required with the final plat. The sewer and water services must be shown
             to minimize impact to the significant trees.

      b.     A temporary rock driveway, erosion control, and tree protection fencing
             must be installed, subject to staff review and approval.

      c.     A copy of the recorded plat and any easement or covenants required to be
             recorded.

      d.     A hookup fee for sanitary sewer and water.

      e.     A letter from the surveyor stating that boundary and lot stakes have been
             installed as required by ordinance. If the grading for proposed streets has
             not been completed, the planning director may approve a time extension
             to this requirement.

4)    During construction, the streets must be kept free of debris and sediment, and
      the tree protection fencing and erosion control fencing must be maintained.

5)    Trees must be planted to compensate for significant trees removed from each
      site that would be outside of the building pad and driveway area. The trees must
      be primarily species native to the area. They must be at least 2 ½ inches in
      diameter for deciduous trees and 6 feet tall for coniferous trees. The property
      owner or original developer must replace the required trees if they die within one
      year after installation.

6)    The existing storm sewer pipe is considered a private system. Maintenance of
      the pipe is the property owner’s responsibility.

7)    The minimum basement elevation must be at or above the 963 elevation.

8)    No building may be within 20 feet of the 961 contour.

9)    The city must approve the final plat within one year of preliminary approval or
      receive a written application for a time extension or the preliminary approval will
      be void.


Submitted through:
      John Gunyou, City Manager
      Geoff Olson, Planning Director
Meeting of April 25, 2005                                                    Page 4
Subject: Preliminary and Final Plats, 12802 Sheffield Curve


Originated by:
       Susan Thomas, Planner
G:\WORD\2005 City Council Items\2005 Council Staff Reports\cl05002.05a.doc
 Meeting of April 25, 2005                                                             Page 5
 Subject: Preliminary and Final Plats, 12802 Sheffield Curve


                                 SUPPORTING INFORMATION

 Surrounding Land Uses

    Northerly: Single-family homes; zoned R-1, guided low-density residential.

    Easterly: Plymouth Road; single-family homes beyond; zoned R-1, guided low-density
              residential.

    Southerly: Single-family homes; zoned R-1, guided low-density residential.

    Westerly: Single-family homes; zoned R-1, guided low-density residential.


 Existing Site Features

   The existing property is 1.3-acres in total area. There is a grade change of 44 feet from the
   property’s high point on Plymouth Road to an existing low area in the southwest corner of the
   property. (See pages A3 and A6.) The slope is not considered steep by code definition.

 Planning

    Guide Plan designation: Low-density residential.

    Zoning:                    R-1


 R-1 Lot Standards

                                      Buildable       Lot Width at         Lot Width at                 Lot
                      Lot Area
                                        Area          Right-of-Way      Building Setback               Depth
   Required          22,000 sq.ft.   3,500 sq.ft.        80 feet               110 feet               125 feet
Proposed Lot 1*      34,825 sq.ft.   15,400 sq.ft.       176 feet              176 feet               191 feet
Proposed Lot 2       22,000 sq.ft.   9,500 sq.ft.        125 feet              125 feet               175 feet
                                                                  * with dedication of County right-of-way
 Trees

    There are several large, coniferous trees along the north and west sides of proposed Lot 2.
    (See page A6.) While many of the trees are located outside of the buildable area of the
    property, grading near the critical root zones of the trees may result in decline or loss of the
    trees. As with all new construction, staff would work with any future builder to minimize
    grading and construction activity near these trees.
Meeting of April 25, 2005                                                          Page 6
Subject: Preliminary and Final Plats, 12802 Sheffield Curve


Natural Resources

   Best management practices as outlined in the city’s water resources management plan must
   be followed during the course of construction activities. This would include installation and
   maintenance of a temporary rock driveway, erosion control, and tree protection fencing.

Water Willow

   There is a large wetland located south of Sheffield Curve. (See page A3.) In a recent Natural
   Resources Inventory a Water Willow plant was discovered. The plant has never been
   documented within Minnetonka before, and was last documented in Hennepin County in the
   1920’s. (See page A8.) Construction of a new home on Sheffield Curve is not expected to
   impact this plant.

Address Change

   When Mr. Weinard submitted the preliminary plat request, the existing property was
   addressed 2638 Plymouth Road. However, the address was recently changed to 12802
   Sheffield Curve. (See pages A9–A10.)

Neighborhood Comments

   We surveyed the property owners within 400 feet of this site. Out of 30 properties, we
   received 6 replies as follows:

                                2              3            1
                Strongly    Somewhat                     Somewhat       Strongly
                Support      Support        Neutral       Oppose        Oppose


   In favor:

      “We will always miss the openness and trees.” (No address given)

      “We have no objections to the plan but urge that the grove of spruce trees on the south
      border of the property be retained. By the diagram, they do not interfere with the building
      location.” (2571 Abbey Hill Drive)

     Opposed:

      “The only issue is with traffic at Plymouth Road and Sheffield Curve. This would add
       one more resident turning there from Plymouth Road. It is a very bad intersection.” (No
       address given)
Meeting of April 25, 2005                                                    Page 7
Subject: Preliminary and Final Plats, 12802 Sheffield Curve


     General comments:

      “Our only comment is that we want the house to blend with the other houses in the
      neighborhood. In other words, we don’t want a giant house valued at $500,000, when the
      neighborhood is valued at $300,000.” (No address given)

Deadline for a city decision: May 9, 2005
                              City Council Agenda Item #10H
                                 Meeting of April 25, 2005


Brief Description:         Qwest easement on city-owned property (13209 E. McGinty
                           Road – Burwell site) for DSL equipment.

Recommended Action:        Authorize execution of agreement.


Background

Qwest currently has an easement for an equipment box along E. McGinty Road, at the
most northerly point of Burwell Park. Due to the community interest in DSL, Qwest
needs to add a DSL cabinet adjacent to the existing box, but that will require a small
additional easement. Ulteig Engineers, on behalf of Qwest, submitted a request for this
easement.

Staff reviewed this request, and noted the following:

    •   The city forester reviewed the easement area and asked that certain trees be
        protected.
    •   Staff has also requested that the historic foundation for the barn be protected.
    •   The State Historic Preservation Office was advised of the request, and could see
        no reason not to grant it.
    •   Qwest has agreed to landscape around the cabinet consistent with the
        landscaping typically requested by the city.
    •   Qwest agreed to these conditions, and will reimburse the city $1,250 for the
        easement. This value is consistent with similar past easements granted to
        Qwest, with an adjustment for an increase in value over time.

Recommendation

Based on the foregoing, staff recommends that the Minnetonka City Council authorize
the city to enter into an easement agreement with Qwest for a DSL cabinet at 13209 E.
McGinty Road, subject to the recommendations of staff noted above.

Submitted through:
      John Gunyou, City Manager
      Geralyn Barone, Assistant City Manager

Originated by:
       Kathy Magrew, Assistant to the City Manager
                             City Council Agenda Item #10I
                              Meeting of April 25, 2005


Brief Description:         Approve Minnetonka participation in the Twin Cities
                           Community Capital Fund (TCCCF).

Recommended Action:        Grant the approval and adopt the enclosed resolution.


Background

As discussed with the council last year, the Twin Cities Community Capital Fund
(TCCCF) is being organized, and Minnetonka and other cities are being asked to
participate. The fund is a non-profit corporation, governed by its members and
designed to provide “gap” financing for economic development projects in the 7-county
metro area. (Gap financing is loan financing needed to bridge the gap in project costs
left after owner’s equity and bank financing have been arranged.) The EDA and Council
have previously expressed support for forming the TCCCF.

In addition, the EDA and city council approved a $12,500 “challenge grant” in June,
2004 to help fund the Northland Institute’s $50,000 start-up costs for the TCCCF. The
city’s grant came from the city portion of Minnesota Investment Fund (MIF) loan
repayment proceeds from the Cargill-Down project that are eligible for this purpose.
The city’s challenge grant was supplemented by monies from the Wells Fargo
Foundation and other sources, and the TCCCF is now being officially launched.

TCCCF Membership

Scott Martin, Executive Director of the Northland Institute, is actively recruiting city
members for the TCCCF and has asked Minnetonka to join. TCCCF has recently been
endorsed by the Minnesota Department of Employment and Economic Development, as
indicated in the enclosed letter from Commissioner Matt Kramer. Also, Hennepin
County has been an active proponent of TCCCF.

There are three levels of membership available to cities:

      $200,000 – Class A
      $100,000 – Class B
      $ 50,000 – Class C

Members are allowed to generate loan amounts up to ten times the amount of the
membership level.

Minnetonka will be credited the grant amount of $12,500 toward its membership fee.
Remaining MIF funds of $87,500 from the Cargill-Dow project are also available. If the
Meeting of April 25, 2005                                                     Page 2
Subject: Twin Cities Community Capital Fund


council believes a Class A membership is appropriate, $100,000 could be provided from
the city’s development account. The EDA recommends a Class A membership at
$200,000.

Members are allowed to provide maximum single loan amounts up to ten times the
value of their membership amount. An unlimited number of loans may be made for
each member city. Further, loans are made only for projects and purposes approved by
the city. The membership fee is placed in escrow, but remains in city ownership.
Earnings from the escrow account help cover TCCCF operating costs.

According to Mr. Martin, the following cities have already joined TCCCF:

      •Oakdale          $200,000        •Eagan       $200,000
      •St. Louis Park    $50,000        •Belle Plain  $50,000

Other cities now in the process of considering membership include:

      •Apple Valley                     •Rosemount
      •Richfield                        •Prior Lake
      •Maplewood                        •New Brighton
      •Burnsville                       •Shoreview
      •Dakota County Community          •Jordan
        Development Authority

The Membership Disclosure documents have been reviewed by Steve Bubul of
Kennedy & Graven, who finds them to be satisfactory.

Recommendation

Staff believes that participation in the TCCCF can be an important economic
development tool for the city, and the EDA recommends that Minnetonka join TCCCF at
the Class A level of $200,000.

Accordingly, staff recommends the council approve participation as a Class A member,
and adopt the enclosed resolution requesting the use of MIF funds for half of the
$200,000 membership fee.


Submitted through:
      John Gunyou, City Manager

Originated by:
       Ron Rankin, Community Development Director
                               RESOLUTION NO. 2005-

RESOLUTION APPROVING CITY OF MINNETONKA PARTICIPATION IN THE TWIN
CITIES COMMUNITY CAPITAL FUND (TCCCF), AMENDING THE CITY’S REVOLVING
LOAN FUND (RLF) POLICIES AND PROCEDURES, AND AUTHORIZING THE
TRANSFER OF RLF PROGRAM FUNDS TO THE TCCCF LOAN FUND ESCROW
ACCOUNT.

BE IT RESOLVED by the City Council of the City of Minnetonka, Minnesota as follows:

Section 1.   Background.

1.01. The City of Minnetonka has reviewed the TCCCF Membership Disclosure
      Statement.

1.02   The City has decided to become a member of the TCCCF through the deposit of
       $87,500 into the TCCCF Loan Fund Escrow Account, and through a $12,500
       Working Capital loan or grant to TCCCF.

1.03   The City wishes to use funds available in its RLF account that originated from a
       grant received from the State of Minnesota under the Minnesota Investment
       Fund (MIF) / Economic Recovery Fund (grant number CDAP-01-0034-H-FY02)
       for the purposes of becoming a member of the TCCCF.

Section 2.   Approval and Authorization:

2.01   The City hereby approves membership participation in the Twin Cities
       Community Capital Fund, under the terms offered in the TCCCF Membership
       Disclosure Statement.

2.02. The City’s Revolving Loan Fund policies and procedures are hereby amended to
      designate the TCCCF as a community-based development organization for the
      City, and authorizing the transfer of RLF funds to the TCCCF Loan Fund Escrow
      Account.

2.03. Pursuant to Minn. Stat. §116J.8731, subd. 2, the City hereby requests that the
      Commissioner of the Minnesota Department of Employment and Economic
      Development (DEED) approve the use of funds received from the repayment of
      MIF grant funds for participation in the TCCCF through the deposit of $87,500 in
      the TCCCF Loan Fund Escrow Account, and through a $12,500 Working Capital
      loan or grant to TCCCF.

2.04. The City Manager is hereby directed, upon receipt of approval from DEED, to
      disburse a total of $100,000 to the TCCCF.
Resolution No. 2005-                                                              Page 2


Adopted by the City Council of the City of Minnetonka, Minnesota, on April 25, 2005.



Karen J. Anderson, Mayor




ATTEST:



Kathy Magrew, City Clerk

ACTION ON THIS RESOLUTION:


Motion for adoption:
Seconded by:
Voted in favor of:
Voted against:
Abstained:
Absent:
Resolution adopted.


I hereby certify that the foregoing is a true and correct copy of a resolution adopted by
the City Council of the City of Minnetonka, Minnesota, at a duly authorized meeting held
on April 25, 2005.



Kathy Magrew, City Clerk
                              City Council Agenda Item #11A
                                Meeting of April 25, 2005


Brief Description:          Preliminary plat, with lot width at the right-of-way variance, to
                            divide 17224 Lake Street Extension into two lots for Gene
                            Stageberg

Recommended Action:         Approve the project.


Introduction

The applicant proposes to divide the existing lot at 17224 Lake Street Extension into
two lots. A new home would be built behind the existing home, which would remain. A
new driveway would be added along the east lot line to serve the new home. The
request requires a lot width at the right-of-way variance from 80 feet to 0 feet for Parcel
B. The site is 1.9 acres in size. (See narrative and plan on pages A4–A5.) The property
could be divided with a public street and meet all minimum zoning ordinance
requirements. (See page A6.)

In 1991, the applicant received preliminary plat approval to divide this property into
three lots. (See pages A14–A21.) However, the applicant never applied for a final plat,
and the preliminary plat expired.


Primary Issues

•   Does the proposal meet the variance standards?

    Yes. As demonstrated below, staff believes the proposal meets the variance
    standards. A variance application should be judged against three tests:

    1) Are there practical difficulties that prevent a reasonable use from
       complying with ordinance requirements?

       The courts have found that reasonable use does not mean that the applicant
       must show the land cannot be put to any reasonable use without the variance.
       Rather, the applicant must show that there are practical difficulties in complying
       with the Code and that the proposed use is reasonable. “Practical difficulties”
       may include functional and aesthetic concerns.

       Staff believes the applicant is proposing a reasonable use for the property. This
       site could be divided into two lots to meet city code with a public street that would
       serve the back lot. (See page A6.) However, in doing so, seven significant trees
       would have to be removed along the west lot line to accommodate the road.
Meeting of April 14, 2005                                                      Page 2
Subject: Preliminary plat with variance, at 17224 Lake Street Extension


        There is not adequate area on the site to divide the property into three lots with a
        public street, therefore, the applicant is only entitled to two lots. However, if the
        proposed subdivision were approved, the front lot could be subdivided to meet all
        minimum R-1 standards if the existing home were torn down. Staff would not
        support subdivision of this property to create three lots with a private drive.
        Therefore, staff recommends as a condition of approval that the applicant deed
        the rights to further subdivide to the city of Minnetonka to ensure that the front lot
        is not further divided.

     2) Are there circumstances that are unique to the property, not common to
        every similarly zoned property, and that are not self-created?

        Yes. The unique circumstances are the large size of the lot, and the significant
        trees on the site. (See page A6.) There are few lots of this size left in the city.

     3) Would the variance alter the essential character of the neighborhood?

        No. Construction of a single-family home would not be out of character in the
        neighborhood. To the west and south are single-family homes, including the
        home to the west that also does not have frontage on a public street. (See page
        A7.)


Planning Commission Recommendation

On April 14, 2005, the planning commission unanimously recommended that the city
council approve the proposal. (See the minutes on pages A22–A24.)


Staff Recommendation

Give preliminary approval to the Gene Stageberg plat date stamped March 8, 2005 with
the lot width at the right-of-way variance from 80 to 0 feet. Approval is based on the
following findings:

1)      The proposal meets the required standards and ordinances for a preliminary plat.

2)      The proposal meets the required standards for a lot width at the right-of-way
        variance in Section 300.10, Subdivision 5(h)(2)(b).

3)      The property cannot be platted into three lots and meet minimum city code
        requirements.
Meeting of April 14, 2005                                                       Page 3
Subject: Preliminary plat with variance, at 17224 Lake Street Extension


Approval is subject to the following conditions:

1)     Complete the following before final plat approval:

       a.     Show the following on the final plat:

              (1)     At least ten-foot-wide drainage and utility easements next to any
                     existing or proposed public street rights-of-way and at least seven-
                     foot-wide drainage and utility easements along all other lot lines.

              (2)    Utility easements over existing or proposed public utilities, as
                     determined by the city engineer.

       b.     Execution of the public trail easement along the west lot line.

2)     The following items must be submitted to the city before the city releases the final
       plat:

       a.     An electronic CAD file of the final plat in microstation or DXF on a CD disk.

       b.     The following documents for the city attorney’s approval:

              (1)    Title evidence that is acceptable to the city attorney. Title evidence
                     must be current within thirty days before release of the final plat.

              (2)    A private driveway easement between the street right-of-way and
                     Parcel B. The easement must state the maintenance
                     responsibilities of each owner. The easement must be 34 feet wide.
                     The minimum driveway width must be as required by the fire
                     marshal.

              (3)    A private utility easement between the street right-of-way and
                     Parcel B.

              (4)    Provide restrictive covenants to be recorded against the individual
                     lots with the plat. The covenants must include the conditions that
                     have not been met as of the release of the plat. These covenants
                     must first be submitted for the city attorney’s approval.

              (5)    Submit a document, in recordable form acceptable to the city
                     attorney, agreeing to deed the property right for further subdivision
                     of the front lot to the city of Minnetonka.

              These documents must be recorded with the final plat, and a drawing of
              any easement must be attached to the easement deed.
Meeting of April 14, 2005                                                   Page 4
Subject: Preliminary plat with variance, at 17224 Lake Street Extension



      c.     Any other requirements included with final plat approval.

3)    The following must be submitted to the city before the city issues a building
      permit:

      a.     A grading and tree preservation plan for the new lot, subject to staff
             approval. The plans must be in substantial compliance with agreed
             building areas as required with the final plat. The sewer and water
             services must be shown to minimize impact to the significant trees.

      b.     A temporary rock driveway, erosion control, tree protection and wetland
             protection fencing for each lot must be installed, subject to review and
             approval of the city’s environmental resources coordinator.

      c.     A copy of the recorded plat and any easement or covenants required to be
             recorded.

      d.     A hookup fee for sanitary sewer and water.

      e.     A letter from the surveyor stating that boundary and lot stakes have been
             installed as required by ordinance. If the grading for proposed streets has
             not been completed, the planning director may approve a time extension
             to this requirement.

4)    During construction, the streets must be kept free of debris and sediment, and
      the tree protection fencing, and erosion control fencing must be maintained.

5)    Trees must be planted to compensate for significant trees removed from each
      site that would be outside of the building pad and driveway area. The trees must
      be primarily species native to the area. They must be at least 2 ½ inches in
      diameter for deciduous trees and 6 feet tall for coniferous trees. The property
      owner or original developer must replace the required trees if they die within one
      year after installation.

6)    Before the city makes a final inspection of the house, the drive must be paved
      from the street to the house on Parcel B. A driveway setback of at least seven
      feet must be maintained from the side lot lines. The city may approve a time
      extension if weather prevents paving of the drive.

7)    Provide a driveway turnaround for Parcel B before the houses are occupied.

8)    The city must approve the final plat within one year of preliminary approval or
      receive a written application for a time extension or the preliminary approval will
      be void.
Meeting of April 14, 2005                                                    Page 5
Subject: Preliminary plat with variance, at 17224 Lake Street Extension




Submitted through:
      John Gunyou, City Manager
      Geoff Olson, Planning Director

Originated by:
       Cary Teague, Principal Planner


G:\WORD\2005 City Council Items\2005 Council Staff Reports\cl90059.05a.doc
Meeting of April 14, 2005                                                              Page 6
Subject: Preliminary plat with variance, at 17224 Lake Street Extension


                                  SUPPORTING INFORMATION

Surrounding Land Uses

       Northerly: Minnetonka Jr. High; zoned R-1, low-density residential and guided
                  institutional.

       Easterly:   Minnetonka Jr. High; zoned R-1, low-density residential and guided
                   institutional.

       Southerly: Single family homes; zoned and guided low-density residential.

       Westerly: Single family homes; zoned and guided low-density residential.


Existing Site Features

       The existing site contains a single family residential home with a scattering of mature trees.

Planning

       Guide Plan designation:         Low-density residential.

       Zoning:                         R-1, Low-density residential.

Lot Dimensions

   With the exception of the lot width variance, the proposed lots meet the minimum lot size
   requirements. Parcel B would be a lot without road frontage, with access via a shared
   driveway.

                      Lot Sizes          Buildable       Lot Width @    Lot Width @      Easement
                                           Area            R-O-W          Setback         Width

   Ordinance             22,000 s.f.        3,500 s.f.        80 feet       110 feet            34 feet

   Parcel A              59,679 s.f.      5,000+ s.f.        250 feet       250 feet            34 feet

   Parcel B              22,615 s.f.      5,000+ s.f.         0 feet*       110 feet            34 feet
   *    Variance requested

Variance – Lot Width at Right-Of-Way

   Section 300.10, Subdivision 5(h)(2)(b) of City Code states that: “Variances to permit lots
   with reduced frontage on public right-of-way, neck lots or lots with no frontage on public
Meeting of April 14, 2005                                                         Page 7
Subject: Preliminary plat with variance, at 17224 Lake Street Extension


   right-of-way which access by permanently recorded easements will be considered, but not
   necessarily granted, only upon evidence that one of the following standards are met:

   1) One of the following conditions exists:

      a) An extension of roadway is not physically feasible as determined by the city. If the
         city determines that there is the need for a roadway extension, this section shall not
         apply, and the right-of-way shall be provided by easement or dedication, whichever is
         appropriate;

      b) Severe grades make it infeasible according to the city to construct a public street to
         minimum city standards;

      c) The city determines that a right-of-way extension would adversely impact natural
         amenities including wetlands or stands of significant trees;

      d) There is no feasible present or future means of extending right-of-way from other
         directions;

      As mentioned, future construction of a public street would require taking out seven
      significant trees including Ash and Maple trees. (See page A6.) There is no feasible
      present or future means to extend right-of-way from other directions due to location of
      the school property and trail to the north.

   2) The number of lots to share a common private access drive does not exceed three;

   3) Covenants that assign driveway installation and future maintenance responsibility are
      submitted and recorded with the titles of the parcels that are benefited;

   4) The neck portion of a neck or flag lot must have a minimum width of 14 feet plus the
      actual driveway width required by the fire marshal pursuant to the uniform fire code. If
      an easement is used to provide access, the easement must have a minimum width equal to
      the width required for a neck, plus an additional ten feet.

   5) When a lot has no access to a public street and receives access across a private driveway,
      the private driveway must meet the following standards:

      a) If the driveway provides access to more than one lot, a private driveway maintenance
         agreement must be recorded for the lots.

      b) The driveway must meet minimum requirements established by the engineering
         department and fire marshal.

   All of the above conditions 2-5 would be met, or required as a condition of approval.
Meeting of April 14, 2005                                                             Page 8
Subject: Preliminary plat with variance, at 17224 Lake Street Extension


   Staff finds the general variance standards to be met for the lot width at right-of-way for
   Parcel B. If the city were to require a public road to service the new lot and a future lot, it
   would increase impervious surface on the site, and require mature trees to be removed.

Buildable Area/Grading and Drainage

   Both lots contain adequate buildable area. (See page A5.) The city engineer has reviewed the
   applicant’s grading plan and finds it to be acceptable. There would be no negative impact on
   adjacent property.

Natural Resources

   Best management practices as outlined in the city’s Water Resources Management Plan must
   be followed during the course of site preparation and construction activities. This would
   include installation and maintenance of a temporary rock driveway, erosion control, and tree
   protection fencing.

Trees

   There are mature trees on the property. Caution must be taken to protect these trees during
   construction of the home and the proposed new driveway extension.

Utilities

   Utilities are available from Lake Street Extension . A private easement agreement across
   Parcel A must be provided as part of a final plat to provide services to Parcel B.

Park Dedication

   A public trail exists along the northwest corner of the site. The applicant is required to
   dedicate an easement over the trail area. (See page A8.)

Standards

    City Code states the following criteria for approval of a variance (Section 300.07): “A
    variance may be granted from the literal provisions of this ordinance in instances where
    strict enforcement would cause undue hardship because of circumstances unique to the
    individual property under consideration and when it is demonstrated that such actions would
    be consistent with the spirit and intent of this ordinance. Undue hardship means the property
    in question cannot be put to a reasonable use if used under conditions allowed by this
    ordinance, the plight of the landowner is due to circumstances unique to the property not
    created by the landowner, and the variance, if granted, would not alter the essential character
    of the neighborhood. Economic consideration alone shall not constitute an undue hardship if
    reasonable use of the property exists under the terms of this ordinance.”
Meeting of April 14, 2005                                                            Page 9
Subject: Preliminary plat with variance, at 17224 Lake Street Extension


Appeals

    Any person aggrieved by the planning commission’s decision about the variance may
    appeal such decision to the city council. A written appeal must be submitted to the planning
    staff within ten days of the date of the decision.

Neighborhood Comments

     We surveyed the property owners within 400 feet of this site. We received one reply as
     follows:

                     0          0                2            0               0
                 Strongly   Somewhat                       Somewhat        Strongly
                 Support     Support         Neutral        Oppose         Oppose

     In favor:

      None

     Opposed:

      None

     General comments:

      “We are the nearest neighbor to the subject property and our living room windows have a
      direct view of it. We do not have any objections to the subdivision and the construction
      of a home on parcel B.” (4221 Inwood Road.)

      “There is a sewer/utility easement that appears to intersect at the building lot area from
      our property. In other words, our sewer line may head that direction. Any disruption,
      repairs, cost, etc., present or future, that occurs as a result of construction activity, to our
      line, should be the responsibility of the builder/owner of that property. We trust the trail
      adjacent would continue to exist in some form or location. Otherwise, we would welcome
      any new neighbors.” (4175 Trail Ridge Lane.)

History

    In 1991, the City Council gave preliminary approval to divide this site into three lots. (See
    pages A14–A20.)

Deadline for a city decision:         June 27, 2005
                             City Council Agenda Item #12A
                                Meeting of April 25, 2005


Brief Description:          Ordinance regarding pawnbrokers and precious metal
                            dealers.

Recommended Action:         Introduce the ordinance.


Background

One of the city attorney’s goals for this year was a review and revision of the city’s
pawnbroker ordinance, which also regulates precious metal dealers. Although the city
currently has no licensed pawnbrokers, the city attorney believes it is better to be well
prepared if one appears.

The current ordinance was adopted in 1994. Certain developments have occurred in
pawnshop regulation since then. Most notably, improved technology has allowed for the
creation of an automated pawn system and the digitizing of photographs and video. The
automated pawn system creates a central repository of information about all items
pawned in the metro area, updated electronically on a daily basis. Then law
enforcement officials can check the entries to see if there are any matches with stolen
property.

Attached is a proposed ordinance with a number of changes to the pawnbrokers
regulations. Many of the changes are non-substantive. Others have been based on
provisions in the Minneapolis and Bloomington ordinances. Both cities have had
extensive experience regulating pawnbrokers.

The major change is the requirement for participation in the automated pawn system,
except for businesses that have fewer than 400 transactions per year. The fee section is
also revised to coordinate with this change. Currently, the annual fee is $10,000 per
year. The fee was established at a high level because of the need to monitor and review
daily transactions. The city attorney proposes to reduce the fee to $3000, the amount
that Minneapolis charges, with the addition of a $2.00 fee for each transaction that is
reported electronically and $4.00 for each transaction reported manually. This should
more accurately reflect the actual time needed by the police department to monitor the
pawnbroker’s business.

Other changes include adding provisions found in the Bloomington and/or Minneapolis
ordinances, deleting requirements not found in the other ordinances, clarifying
language, and reorganizing some sections.
Meeting of April 25, 2005                                    Page 2
Subject: Pawnbrokers Ordinance



Recommendation

Staff recommends that the council introduce the ordinance.

Submitted through:
      John Gunyou, City Manager

Originated by:
       Desyl Peterson, City Attorney
                                 ORDINANCE NO. 2005-

               AN ORDINANCE AMENDING CITY CODE SECTIONS 610
                  AND 710.005(26) REGARDING PAWNBROKERS
                       AND PRECIOUS METAL DEALERS



The City of Minnetonka Ordains:

Section 1. City Code Section 610 is amended as follows:

SECTION 610.         PAWNBROKERS AND PRECIOUS METAL DEALERS

610.005. Purpose. The city council finds that pawnbrokers and precious metal dealers
potentially provide an opportunity for the commission and concealment of crimes.
These businesses have the ability to receive and transfer stolen property easily and
quickly. The city council also finds that consumer protection regulation is warranted in
transactions involving pawnbrokers and precious metal dealers. The purpose of this
section is to prevent pawnbroking and precious metal businesses from being used as
facilities for commission of crimes, to identify criminal activities through timely collection
and sharing of pawn transaction information, and to ensure that such businesses
comply with basic consumer protection standards, thereby protecting the public health,
safety and general welfare of the citizens of the city.

610.010. Definitions.

1.     “Billable transaction” means a reportable transaction except renewals,
       redemptions or extensions of existing pawns on items previously reported and
       continuously in the licensee’s possession, voided transactions, and confiscations.

2.     “Item containing precious metal” means an item made in whole or in part of metal
       and containing more than one percent by weight of silver, gold or platinum.

2.3.   “Minor” means a natural person under the age of 18 years.

3.     “Oversized items” means large items such as cars, boats, and other motorized
       vehicles and motorized equipment.

4.     “Pawnbroker” means a person who loans money on deposit or pledge of
       personal property or other valuable thing; who deals in the purchasing of
       personal property or other valuable thing on condition of selling it back again at a
       stipulated price; or who loans money secured by chattel mortgage on personal
       property, taking possession of the property or a part of it. If a pawnbroker



         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                Page 2


      business includes buying personal property previously used, rented, or leased,
      the provisions of this section are applicable. Any bank, savings and loan
      association, or credit union is not a pawnbroker for purposes of this section.

5.    “Person” means one or more natural persons; a partnership, including a limited
      partnership; a corporation; including a foreign, domestic, or nonprofit corporation;
      a trust; a political subdivision of the state; or another business organization.

6.    “Precious metal dealer” means a person engaging in the business of buying
      coins or secondhand items containing precious metal, including, but not limited
      to, jewelry, watches, eating utensils, candlesticks, and religious and decorative
      objects.

7.    “Precious metals” means silver, gold, or platinum.

8.    “Reportable transaction” means every transaction conducted by a pawnbroker in
      which merchandise is received through a pawn, purchase, consignment or trade
      except:

      a.      the bulk purchase or consignment of new or used merchandise from a
      merchant, manufacturer or wholesaler having an established permanent place of
      business, and the retail sale of said merchandise, if the pawnbroker maintains a
      record describing the items in each transaction and marks each item in a manner
      that relates it to that transaction record; and

      b.     retail and wholesale sales of merchandise originally received by pawn or
      purchase, and for which all applicable hold and/or redemption periods have
      expired.

9.    “Secondhand item” means tangible personal property, excluding motor vehicles,
      that has been previously used, rented, owned or leased.

610.015. License Required.

A person must not engage in the business of pawnbroker or precious metal dealer
within the city unless the person is currently licensed under this ordinancesection.

610.020. Exceptions to License Requirement.

1.    Precious metal dealers conducting the following transactions are not required to
      obtain a license under this section:




         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                   Page 3


      a1.       transactions at occasional “garage” or “yard” sales, or estate sales or farm
                auctions held at the owner's residence, except that precious metal dealers
                must comply with the requirements of Minn. Stat. §§ 325f.734 to 325f.742,
                for these transactions;

      b2.       transactions regulated by Minn. Stat. § 80a;

      c3.       transactions regulated by the federal commodity futures commission act;

      d4.       transactions involving the purchase of precious metal grindings, filings,
                slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab,
                dentist, or their agent;

      e5.       transactions involving the purchase of photographic film, such a
                lithographic and x-ray film or silver residue or flake recovered in
                lithographic and x-ray film processing;

      f6.       transactions involving coins, bullion, or ingots;

      g7.       transactions in which the secondhand item containing precious metal is
                exchanged for a new item containing precious metal and the value of the
                new item exceeds the value of the secondhand item, except that a person
                who is a precious metal dealer by engaging in a transaction that is not
                exempted by this section must comply with the requirements of Minn. Stat.
                §§ 325f.734 to 325f.742;

      h8.       transactions between precious metal dealers if both dealers are licensed
                under Minn. Stat. § 325f.733, or if the seller's business is located outside
                of the state and the item is shipped from outside the state to a dealer
                licensed under Minn. Stat. § 325f.733; and

      i9.       transactions in which the buyer of the secondhand item containing
                precious metal is engaged primarily in the business of buying and selling
                antiques, the items are resold in an unaltered condition except for repair,
                the items are resold at retail, and the buyer paid less than $2,500 for
                secondhand items containing precious metals purchased within any period
                of 12 consecutive months.

2.    A person who holds a motor vehicle dealer license is exempt from the terms of
      this ordinance with respect to motor vehicles.

610.025. Persons Ineligible.


            The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                       Page 4


1.    No license may be issued to a person who:

      a.       is not a citizen of the United States or a resident alien;

      b.       is a minor at the time the application is filed;

      c.       has been convicted of any crime directly related to the licensed occupation
               and has not shown competent evidence of sufficient rehabilitation and
               present fitness to perform the duties of pawnbroker or precious metal
               dealer under Minn. Stat. § 364.03, subd. 3, or a person not of good moral
               character and repute;

      d.       holds a liquor license under section 600.005;

      e.       in the judgment of the city council is not the real party in interest or
               beneficial owner of the business operated under the license;

      f.       has had a pawnbroker or precious metal dealer's license revoked
               anywhere within five years of the license application; or

      g.       in the case of an individual, is not a resident of the twin cities; in the case
               of a partnership, the managing partner is not a resident of the twin cities;
               or in the case of a corporation, the manager is not a resident of the twin
               cities. The required residency must be established by the time the license
               is issued and maintained throughout the existence of the license and all
               renewals. The time for establishing residency within the twin cities may,
               for good cause, be extended by the council. For the purposes of this
               paragraph, the twin cities means the seven-county metropolitan area
               defined by Minn. Stat. § 473.121, subd. 2.

610.030. Places Ineligible.

1.    No license may be issued for a place or a business ineligible for a license under
      city ordinance or state law.

2.    No license may be issued for operation in a residential zoning district.

3.    No license may be issued for a place or business that holds a liquor license.

4.    No license may be granted for operation on a premises for which taxes,
      assessments or other financial claims of the city or other government agency are
      delinquent and unpaid.



           The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                   Page 5


5.     No license may be issued to a location that is within ten driving miles of a
       gambling casino.

610.035. License Application.

1.            In addition to information that is required by the county under Minn. Stat. §
471.924, every application for a license under this ordinance must be made on a form
supplied by the city, must be verified and must contain the following information:

1.     If the applicant is a natural person:

       a.       representations as to the applicant's character the name, place and date
                of birth, street residence address, and phone number of the applicant;

       b.       the name of the business in connection with which the proposed license
                will operate if it is to be conducted under a designation, name, or style
                other than the name of the applicant and a certified copy of the certificate
                of assumed name required by state law;

       c.       whether the applicant is the owner and operator of the business and if not,
                who is;

       d.       whether the applicant has ever used or been known by a name other than
                his/her true name, and if so, what was the name, or names, and
                information concerning dates and places where used;

       e.       whether the applicant is married or single. If married, the true name, place
                and date of birth and street address of applicant's spouse;

       f.       street address at which applicant and spouse have lived during the
                preceding ten years;

       g.       kind, name and location of every business or occupation applicant and
                spouse have been engaged in during the preceding ten years;

       h.       names and addresses of applicant's and spouse's employers and
                partners, if any, for the preceding ten years;

       i.       whether the applicant or spouse has ever been convicted of a violation of
                any state law or local ordinance, other than a non-alcohol related traffic
                offense. If so, the applicant must furnish information as to the time, place
                and offense for which convictions were had;



            The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                    Page 6


      j.       whether the applicant or spouse has ever been engaged as an employee
               or in operating a pawnshop or precious metal dealership or other business
               of a similar nature. If so, applicant must furnish information as to the time,
               place and length of time;

      k.       whether the applicant has ever been in military service. If so, the
               applicant must, upon request, exhibit all discharges;

2.    If the applicant is a partnership:

      l.       if the applicant is a partnership, a. the name and address of all partners
               and all information concerning each partner as is required of a single an
               individual applicant as above.;

      b.       A The name(s) of the managing partner, or partners, must be designated.
               The and the interest of each partner, or partners in the business must be
               submitted with the application and, if the partnership is required to file a
               certificate as to trade name under the provisions of Minn. Stat. chapter
               333, a copy of the certificate certified by the clerk of district court must be
               attached to the application;

      c.       A true copy of the partnership agreement and a copy of the certificate of
               assumed name required by state law;

3.    m.    I If the applicant is a corporation or other organization, the applicant must
      submit the following:

      (1)a. name, and if incorporated, the state of incorporation;

      (2)b. a true copy of the certificate of incorporation, articles of incorporation or
            association agreements;

      (3)c. the name of the manager or proprietor or other agent in charge of, or to be
            in charge of the premises to be licensed, giving all information about the
            person as is required in the case of a single an individual applicant; and

      (4)d. a list of all persons who, single or together with their spouse, own or
            control an interest in the corporation or association in excess of five
            percent or who are officers of the corporation or association, together with
            their addresses and all information as is required for a single applicant.;

4.    For all applicants:



           The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                   Page 7


      na.       the amount of the investment that the applicant has in the business, land,
                building, premises, fixtures, furniture, or stock in trade, and proof of the
                source of the money;

      ob.       a list of responsible persons, including the names of owners, managers
                and assistant managers, who may be notified or contacted by state or city
                employees in case of emergency. These persons must be residents of
                the twin cities metropolitan area as defined by Minn. Stat. § 473.121,
                subd. 2;

      c.        for each manager and assistant manager with responsibility for operation
                of the business, the following information must be provided:

                (1)    complete personal information requested on the city's form;

                (2)    two sets of fingerprints and a photograph;

                (3)    certified copies of civil and criminal records searches from the
                       federal district court and Hennepin county district court (or
                       alternatively, an affidavit from an attorney who has conducted those
                       searches); and

                (4)    such other information as the city may require.

      pd.       whether the applicant holds a current pawnbroker or precious metal dealer
                license from any other governmental unit and whether the applicant is
                licensed under Minn. Stat. § 471.924 or Minn. Stat. §§ 325F.731 to
                325F.744;

      qe.       whether the applicant has ever been denied a pawnbroker or precious
                metal dealer license from any other governmental unit;

      rf.       the location of the business premises;

      sg.       the legal description of the premises to be licensed including a map of the
                area for which the license is sought, showing dimensions, locations of
                buildings, street access and parking facilities;

      th.       whether all real estate and personal property taxes that are due and
                payable for the premises to be licensed have been paid, and if not paid,
                the years and amounts that are unpaid; and




            The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                  Page 8


      ui.       other information that the city deems appropriate.

2.    A person must not make a false statement or material omission in a license
      application or investigation. Any false statement or material omission is grounds
      for denial, suspension, or revocation of a license.

3.    Each licensee has the continuing duty to properly notify the director of community
      development of any change in the information or facts required to be furnished
      on the application for a license. This duty will continue throughout the period of
      the license. Failure to comply with this section will constitute cause for
      revocation or suspension of the license.

4.    The application for the renewal of any existing license must be made at least 90
      days before the date of the expiration of the license and must be made on the
      form which the city provides.

610.040. Fees.

1.    Investigation Fee. Every applicant for a new license must pay to the city the
      investigation fee specified in section 710.005 of this code. This fee will be for the
      purpose of conducting a preliminary background and financial investigation of the
      applicant. If the council believes that the public interest so warrants, it may
      require a similar investigation at the time of renewal of a license. If an
      investigation is ordered by the city council at the time of license renewal, the
      applicant must pay the fee specified above, except that the fee will be the smaller
      of the stated dollar amount or the actual cost of the investigation. There will be
      no refund of the investigation fee after the investigation has begun.

2.    License Fee. The annual fees for a pawnshop or precious metal dealer's license
      are set forth in section 710.005 of this code. The annual fee must be paid before
      conducting activity that requires a license under this section. 3.   Each license
      will expire on December 31st of the year in which it is issued. Fees for licenses
      issued during the license year will be prorated according to the number of
      months remaining in the year. For this purpose an unexpired fraction of a month
      will be counted as a whole month that has elapsed. 4. No refund of a fee will be
      made except as authorized by ordinance.

3.    Transaction Fee. In addition to the annual license fee, a pawnbroker licensee
      must pay a transaction fee based on the actual number of billable transactions
      conducted by the licensee. The transaction fee will be billed monthly to the
      licensee and must be paid within 25 days after the billed date. The transaction



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Ordinance No. 2005-                                                               Page 9


      fee will reflect the cost of processing pawn transactions and other regulatory
      expenses related to processing pawn transaction information, including the cost
      of participating in an automated pawn system. The amount of the transaction fee
      is specified in section 710.005 of this code and is dependent on the accuracy of
      the report and type of medium by which the daily reports are submitted to the
      city.


4.    Late Transaction Fees. A licensee failing to make a transaction fee payment
      within 25 days after the billed date is required to pay a penalty of 5% of the
      unpaid amount. The amount of the transaction fee not timely paid, together with
      the penalty, will bear interest at the rate of twelve percent per annum (12%), from
      the time the transaction fee should have been paid until it is paid. Any interest
      and penalty will be added to the transaction fee and be collected as part of it. If
      payment of the amount due plus the 5% penalty is not paid within 30 days after
      the due date, an additional 10% penalty will be imposed upon the amount due
      and the 5% penalty. If the delinquency continues beyond 60 days, a license
      revocation notice may be sent and a revocation hearing may be commenced.
      The city manager may waive penalties when their enforcement would be unjust
      or inequitable.

5.    Electronic Reporting Problems. Licensees must report to the police department
      by electronic means, except as otherwise allowed in this section. If a licensee is
      unable to successfully transfer the required reports by electronic means, the
      licensee must have on the premises and available for inspection by the police
      department printed copies of all reportable transactions that have not been
      reported by electronic means. If the electronic failure is determined to be in the
      licensee's system and is not corrected by the close of the first business day
      following the failure, the licensee must provide the required reports in a paper or
      other computerized format as approved by the police department. The licensee
      must take all reasonable steps including the replacement of its computer system
      and related components in order to return the electronic reporting system to
      operational condition as soon as reasonably possible.

6.    Erroneously Reported Transaction Penalty. Each transaction reported
      electronically that contains an omission or inaccuracy will be classified as
      erroneous. Licensees who electronically submit five or more erroneous
      transactions within a billable month will be charged at the rate of a manually
      reported transaction for each erroneous transaction during that billable month.

610.045. Bond Required.



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Ordinance No. 2005-                                                                 Page 10


At the time of filing an application for a license, the applicant must file a bond in the
amount of $5,000 with the city clerk. The bond, issued by licensed surety company,
must be approved as to form by the city attorney. The bond must be conditioned on the
licensee’s compliance with the city ordinances, in relation to the business of pawnbroker
and precious metal dealer. The bond must also be conditioned on the licensee’s
obligation to account for and deliver articles to a legally entitled person or to pay the
person or persons the reasonable value of the articles.

610.050. Granting of Licenses Application Procedure.

1.    No license may be issued until the police department has conducted an
      investigation of the representations set forth in the application, the applicant's
      moral character, and the applicant's financial status. All applicants must
      cooperate with this investigation.

2.    No license may be issued until the council has held public hearings in
      accordance with the following:

      a.       two public hearings will be held at least 27 days apart. Notice of the
               hearings will be made in the same manner as that specified in section
               300.09, subd. 3, for a zoning ordinance amendment affecting district
               boundaries; and

      b.       at the public hearings all persons interested in the matter must be heard,
               and the hearings may be adjourned from time to time. No hearing is
               required for a renewal of a license, but the council may, at its option, hold
               a hearing.

3.    The city council may issue a license before an investigation, notice and public
      hearing for an applicant who:

      a.       had a license within the previous five years for the establishment that is
               specified in the application and that is continuing to operate under a
               license;

      b.       wishes to resume operation of the business without sufficient time,
               through no fault of his or her own, to meet the normal procedural
               requirements;

      c.       had no criminal license convictions, or license suspensions or revocations
               during the prior licensed period; and



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Ordinance No. 2005-                                                                 Page 11


      d.       otherwise qualifies and meets the requirements for a license.

      In this situation, the city council may immediately issue an interim license to the
      applicant for a period no longer than 90 days. The applicant must thereafter
      proceed through the specified requirements for an investigation, notice, and
      public hearing. At the public hearing the council will decide whether the license
      should continue in effect or be revoked. The interim license gives the applicant
      no greater right to continuation of the license than it would have had to issuance
      of a new license following the normal procedure.

4.    After investigation and hearing, the council will, at its discretion, grant or deny the
      application, considering the factors in sections 610.025, 610.030, and 610.070
      and the best interests of the public health, safety, and general welfare. Each
      application requires five affirmative votes by the city council for approval. The
      council may impose conditions on a license to protect the public health, safety,
      and general welfare.

5.    Each license is issued only to the applicant and for the premises described in the
      application. No license may be transferred to another person or place without
      application to the council in the same manner as an application for a new license.
      Transfer of 25 percent or more of the stock of a corporation or of a controlling
      interest thereof, whichever is less, is a transfer of the license of a corporate
      licensee. If the licensee is a corporation that is wholly owned by another
      corporation, the same provisions about the transfer of a stock or a controlling
      interest will apply to that parent corporation, any second parent corporation that
      wholly owns the parent corporation, and all other similarly situated parent
      corporations up through the chain of ownership. Transfer of this amount of stock
      without prior council approval is a ground for revocation or suspension of the
      license. In addition, each day the licensee operates under the license after a
      transfer has taken place without obtaining council approval will be a separate
      violation of this ordinance.

6.    An application for a license may be considered by the city council at the same
      time an applicant is requesting land use approvals needed for the site, including
      site plan review, rezoning, or an amendment to the comprehensive guide plan.
      Final approval of a license will not be granted until the city council has given at
      least preliminary approval to any necessary land use request. If an application is
      granted for a location where a building is under construction or not ready for
      occupancy, the license will not be delivered to the licensee until a certificate of
      occupancy has been issued for the licensed premises.




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Ordinance No. 2005-                                                                 Page 12


76.   In the case of the death of a licensee, the personal representative of a licensee
      may continue operation of the business for not more than 90 days after the
      licensee's death.

610.055. License Term, Renewal. Each license will expire on December 31st of the
year in which it is issued. The application for the renewal of an existing license must be
made at least 90 days before the date of the expiration of the license and must be made
on the form which the city provides.

610.055. Conditions of License 610.060. License Restrictions.

1.    Generally. Every license is subject to the conditions in the following paragraphs,
      all other provisions of this ordinance section, and of other applicable regulations,
      ordinances or state law.

2.    Maintenance of Peace. Every licensee is responsible for the conduct of his or
      her place of business and the conditions of order in it. The act of any employee
      of the licensed premises is deemed the act of the licensee as well, and the
      licensee will be liable for all penalties provided by this ordinance equally with the
      employee, except criminal penalties.

3.    Display of License. Every license must be posted in a conspicuous place in the
      premises for which it is used.

4.    Written Records Keeping. At the time of a receipt of an item of property, a
      licensee must immediately record the information listed below, in English, in a
      computer program approved by the police department. Licensees not required to
      report electronically under subdivision 8 below may as an alternative record the
      information in an indelible ink, in a book or journal that has page numbers that
      are preprinted. Alternatively, the licensee may record the following information in
      a computer program approved by the police department:

      a.       an accurate description of the item of property including, but not limited to,
               any trademark, identification number, serial number, model number, brand
               name, or other identifying mark on such item;

      b.       the date and time the item of property was received by the licensee;

      c.       the name, residence address, residence telephone number, and date of
               birth and reasonably accurate physical description of the person from
               whom the item of property was received, including approximate height,
               weight, color of eyes, color of hair, sex, and race;


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Ordinance No. 2005-                                                                  Page 13


      d.       the amount of money loaned upon or pledged for the item;

      ed.      the identification number and state or agency of issue from one of the
               following forms of identification of the person from whom the item was
               received:

               (1)    a current, valid Minnesota photo driver's license;

               (2)    a current, valid Minnesota photo identification card;

               (3)    a current, valid photo driver’s license or identification card issued by
                      the another state or Canadian province of residency, and one other
                      valid form of identification;

               (4)    valid passport; or

               (5)    current, valid military photo identification;

      e.       the amount of money loaned advanced to the pledgor or paid to the seller,
               or the nature of the transaction if not a loan or sale;

      f.       the maturity date of the pawn transaction and the amount due; and

      g.       the monthly and annual interest rates, including pawn fees and charges.;

      h.       the last regular day of business by which the item must be redeemed by
               the pledgor without risk that the item will be sold, and the amount
               necessary to redeem the pawned item on that date; and

      i.       the signature or unique identifier of the licensee or employee that
               conducted the transaction.

5.    Photographic Record. A pawnbroker or precious metal dealer must obtain a
      color photograph or color video of each person selling or pawning an item of
      property and of each item pawned or sold that does not have a unique serial or
      identification number permanently engraved or affixed. The pawnbroker or
      precious metal dealer must notify the person being photographed before taking
      his or her picture. The A photograph must be at least two inches in length by two
      inches in width and must be immediately developed and referenced with the
      information regarding the person and the item sold or pawned. The major portion
      of the photograph or video image must include a front facial pose and a clear and
      accurate depiction of the item, if required. The photograph or video must be in



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Ordinance No. 2005-                                                                 Page 14


      digital format retained by the pawnbroker or precious metal dealer for 30 days.

6.    Inspection and Retention of Records. The licensee must make available the
      information required in subsections 4 and 5 above at all reasonable times for
      inspection by the police department. The information required in subsection 4
      must be retained by the pawnbroker or precious metal dealer for at least four
      years. The photographic records required in subsection 5 must be retained for at
      least three months.

7.    Receipts/Pawn Tickets. The licensee must provide a receipt to the seller or
      pledger pledgor of any item of property received, which must be numbered to
      correspond to the entry in the licensee's records and must include the items
      listed below. The pledger pledgor or seller must sign the receipt/pawn ticket and
      receive an exact copy of it:

      a.       the name, address, and phone number of the pawnbroker or precious
               metal dealer business;

      b.       the date and time on which the item was received by the pawnbroker or
               precious metal dealer;

      c.       a description of the item received and amount paid to the pledger pledgor
               or seller in exchange for the item pawned or sold, and whether it was
               pawned or sold;

      d.       the signature or unique identifier of the pawnbroker or precious metal
               dealer or agent engaged in the transaction;

      e.       the last regular business day by which the item must be redeemed by the
               pledger pledgor without risk that the item will be sold and the amount
               necessary to redeem the pawned item(s) on that date;

      f.       the monthly and annual rate of interest charged on pawned items received
               and all fees and charges;

      g.       the name and address of the seller or pledger pledgor;

      h.       the statement that “Any personal property pledged to a pawnbroker within
               this state is subject to sale or disposal when there has been no payment
               made on the account for a period of not less than 60 days past the date of
               the pawn transaction, renewal, or extension; no further notice is
               necessary. There is no obligation for the pledger pledgor to redeem


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Ordinance No. 2005-                                                                  Page 15


               pledged goods”;

      i.       the statement that “The pledger pledgor of this item attests that it is not
               stolen, it has no liens or encumbrances against it, and the pledger pledgor
               has the right to sell or pawn the item”;

      j.       the statement that “This item is redeemable only by the pledger pledgor to
               whom the receipt was issued, or any person identified in a written and
               notarized authorization to redeem the property identified in the receipt, or
               a person identified in writing by the pledger pledgor at the time of the
               initial transaction and signed by the pledger pledgor. Written authorization
               for release of property to persons other than the original pledger pledgor
               must be maintained along with the original transaction record”; and

      k.       a blank signature line for the pledger pledgor’s signature.

8.    Daily Reports to Police. For the types of items listed below, the licensee must
      submit to the police department on a daily basis a list of the specific items
      purchased or received that day. The list must be on forms or computer disc
      approved by the city and must contain all of the information itemized in
      subsection 4 above:

      a.       an item with a serial number, identification number, or “operation
               identification” number;

      b.       cameras;

      c.       electronic, audio, video or radar detection equipment;

      d.       precious jewelry, gems and metals;

      e.       artist-signed or artist-attributed works of art;

      f.       firearms, as defined in section 1025.005, subd. 3 of this code; and

      g.      a item not included in (a) to (f) above that the pawnbroker or precious
      metal dealer intends to sell for more than $200, except for furniture and kitchen
      or laundry appliances. At the close of each business day, the licensee must
      submit to the police department the information for each reportable transaction
      that is required by subsections 4 and 5 above. The information must be
      transferred by electronic means from the licensee’s computer to an automated
      record system specified by the police department. Licensees may provide the



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Ordinance No. 2005-                                                                   Page 16


      required information in writing or on computer disc by twelve o’clock noon the
      first business day following the date of the transaction if:

      a.       the licensee conducts fewer than 400 transactions a year; or

      b.       there are technical problems with the electronic system, as long as the
               licensee corrects the problems within its system within one business day
               after the failure and re-submits all transactions by electronic means when
               the problems are corrected.

9.    Stolen or Lost Property. A pawnbroker or precious metal dealer must report to
      city police an item pledged or received, or sought to be pledged or received, if
      the pawnbroker or precious metal dealer has reason to believe that the article
      was stolen or lost.

10.   Police Restrictions on Sale or Redemption. Whenever the police department
      notifies the licensee not to sell an item, the item must not be sold or removed
      from the licensed premises until authorized to be released by the police
      department.

      Police Order to Hold or Confiscate.

      a.       Investigative Hold. Whenever a law enforcement official from any agency
               notifies a licensee not to sell an item, the item must not be sold or
               removed from the premises. If the investigative hold is confirmed in
               writing by the originating agency within 72 hours, it will remain in effect for
               15 days from the date of initial notification, or until the investigative order
               is canceled, or until an order to hold/confiscate is issued by the Chief of
               Police or the Chief's designee.

      b.       Order to Hold. Whenever the chief of police or the chief's designee
               notifies a licensee in writing not to sell an item, the item may not be sold or
               removed from the licensed premise until authorized by the chief of police
               or the chief's designee. An order to hold will expire 90 days from the date
               it is issued, unless the chief of police or the chief's designee determines
               the hold is still necessary and notifies the licensee in writing to continue
               the hold.

      c.       Order to Confiscate. If an item is identified as stolen or evidence in a
               criminal case, the chief of police or chief's designee may:

               (1)    physically confiscate and remove the item from the premises,


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Ordinance No. 2005-                                                                  Page 17


                      pursuant to a written order from the chief of police or the chief's
                      designee, or

               (2)    place the item on hold indefinitely, in which case the item may not
                      be sold or removed from the premises without the written order of
                      the chief of police or the chief's designee.

               When an item is confiscated, the person doing so must provide
               identification upon request of the licensee, and must provide the licensee
               the name and phone number of the confiscating agency and investigator,
               and the case number related to the confiscation.

      d.       Termination of Order. When an order to hold/confiscate is no longer
               necessary, the chief of police or chief's designee must terminate the order
               and notify the licensee.

11.   Redemption; Non-redemption; Risk of Loss.

      a.        An item received by the pawnbroker or precious metal dealer for which a
               report to the police is required must not be sold or otherwise transferred,
               or in the case of precious metal, melted down or dismantled, for 30 days
               after the date of the report to the police. A person pledging, pawning, or
               depositing an item for security must have a minimum of 60 days from the
               date of that transaction to redeem the item before it may be forfeited and
               sold, or in the case of precious metal, melted down or dismantled. During
               the 60 day redemption period or any extensions of the pawn transaction,
               items may not be removed from the premises or sold, except as provided
               in this section. However, a A person may redeem a pawned item 72
               hours after the item was received by the pawnbroker or precious metal
               dealer, excluding Sundays and legal holidays. Licensees must redeem an
               item only to the original pledgor, to a person identified in a written and
               notarized authorization to redeem the property signed by the pledgor, or to
               a person identified in writing by the pledgor at the time of the initial
               transaction. Written authorization for release of property to persons other
               than the original pledgor must be maintained along with the original
               transaction record in accordance with this section. The deadline for
               redeeming an item must be a day on which the pawnbroker is open for
               regular business.

      b.       An item sold to a licensee may not be sold or otherwise removed from the
               premises for 30 days after the date of the sale, unless the item purchased



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Ordinance No. 2005-                                                                  Page 18


               is a precious metal subject to a 14 day hold or unless otherwise permitted
               by this section.

      bc.      A pledger pledgor has no obligation to redeem pledged goods or make a
               payment on a pawn transaction. Pledged goods not redeemed within at
               least 60 days of the date of the pawn transaction, renewal, or extension
               will automatically be forfeited to the pawnbroker, and qualified title to the
               goods will automatically vest in the pawnbroker.

      cd.      While the pledged goods remain in possession of the pawnbroker and not
               sold to a third party, tThe pawnbroker’s title to the pledged goods is
               qualified only by the pledger pledgor’s right, while the pledged goods
               remain in possession of the pawnbroker and not sold to a third party, to
               redeem the goods by paying the loan plus fees and interest accrued to the
               date of redemption. If the goods are lost or damaged while in possession
               of the pawnbroker, the pawnbroker must compensate the pledgor, in cash
               or replacement goods acceptable to the pledgor, for the fair market value
               of the lost or damaged goods. Proof of compensation is a defense to a
               prosecution or civil action.

      d.       A pawn transaction that involves holding only the title to property is subject
               to Minn. Stat. chapter 168A or 336.

12.   Inspection of Items.

      a.       Inspection by City. The pawnbroker or precious metal dealer must, at all
               reasonable times during the term of the license, allow the police
               department to enter the business premises and other premises where
               items purchased or received as part of the business are stored. The
               purpose of the visit will be to inspect the premises and the merchandise,
               to locate items suspected of being stolen or otherwise improperly
               disposed of, and to verify compliance with this section.

      b.       Inspection by Claimants. Additionally, the items coming into possession of
               the licensee must at all reasonable times be open to the inspection of a
               person claiming to have been the owner of an item or to have an interest
               in it, if the person is accompanied by a city police officer.

13.   Payment by Check. Payment by the licensee for an article deposited, left,
      purchased, pledged or pawned, must be made only by check, draft, or other
      instrument of withdrawal that is drawn against funds held by a financial



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Ordinance No. 2005-                                                                 Page 19


      institution. Label Required. Licensees must attach a label to every item at the
      time it is pawned, purchased, or received into inventory from a reportable
      transaction. Permanently recorded on this label must be the number or name that
      identifies the transaction in the licensee’s records, the transaction date, the name
      of the item and the description or the model and serial number of the item as
      reported to the police department, whichever is applicable, and the date the item
      can be sold, if applicable. Labels may not be re-used.

14.   Gambling. A licensee must not keep, operate, or permit the keeping or operation
      on the licensed premises of dice, slot machines, roulette wheels, punchboards,
      blackjack tables, or pinball machines that return coins or slugs, chips, or tokens
      of any kind, that are redeemable in merchandise or cash. A licensee must not
      keep or operate gambling equipment authorized under Minn. Stat. §§ 349.11
      through 349.61, and must not conduct raffles on the licensed premises and/or
      adjoining rooms. The purchase of lottery tickets may take place on the licensed
      premises as authorized by the director of the lottery pursuant to Minn. Stat. §§
      349A.01 through 349A.15.

15.   Oversized Storage of Items. Items must be stored within the licensed premises
      building, except the city may permit the licensee to designate one locked and
      secured warehouse building within the city where the licensee may store
      oversized items. No item may be stored in the designated warehouse building
      that is not reported in the journal under subdivision 4 above. The licensee must
      permit immediate inspection of the warehouse at any time during business hours
      by the city and failure to do so is a violation of this ordinance. Oversized i Items
      may not be stored in parking lots or other outside areas. All provisions in this
      section regarding recordkeeping and reporting apply to oversized items stored in
      the approved off-site facility.

16.   Off Site Sales/Storage Transfer of Items. Items accepted by a licensee at a
      licensed location in the city must be for pledge or sale through a licensed location
      in the city. No licensee under this section may sell an item that is transferred
      from a nonlicensed facility or a licensed facility outside the city.

17.   Restrictions on Weapons.

      a.       A pawnbroker or precious metal dealer may not receive as a pledge, or
               accept for consignment or sale, any firearm as defined in section
               1025.005 of this code, unless the pawnbroker or precious metal dealer
               also maintains a federal firearms dealer's license.




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Ordinance No. 2005-                                                                 Page 20


      b.       A pawnbroker or precious metal dealer may not receive as a pledge, or
               accept for consignment or sale, any dangerous weapon as defined in
               section 1025.005 of this code.

18.   Change in Required Information. Each licensee has the continuing duty to
      properly notify the director of community development of any change in the
      information or facts required to be furnished on the application for a license. This
      duty will continue throughout the period of the license.

19.   Change in Managers. For each new manager or assistant manager employed
      after the license is issued, a licensee must make the offer of employment
      contingent upon the city's approval. Each licensee must notify the director of
      community development within ten days after any new manager or assistant
      manager begins employment. This notification must include the information
      required in section 610.035(4)(c). Failure to provide complete and timely
      information will subject the licensee to the penalties provided in this code and to
      potential denial of a renewed license. The director may cause an investigation of
      the new managers and may disapprove the employment of these personnel by
      notice to the licensee in writing. The licensee may appeal this decision to the city
      council by placing a request in writing to the city clerk within ten days after the
      issuance of the notice. A failure to request an appeal waives the licensee's ability
      to contest the director's decision. After the appeal period has expired without an
      appeal, or the city council has upheld the director's decision upon an appeal, no
      manager who has been disapproved may operate in that capacity upon the
      licensed premises.

20.   Change in Ownership. Each license is issued only to the applicant and for the
      specific location on the premises that is described in the application and that is
      approved by the city council. No license may be transferred to another person or
      place without application to the council in the same manner as an application for
      a new license. Transfer of 25 percent or more of the stock of a corporation or of
      a controlling interest thereof, whichever is less, is deemed a transfer of the
      license of a corporate licensee, and a new license must be obtained before the
      transfer takes place. Each day a licensee operates after a transfer has taken
      place without complying with this ordinance is a separate violation subject to
      penalties.

610.060 21. Permitted Charges.

1.    Notwithstanding any other statute, ordinance, rule, regulation, or Minn. Stat. §
      325J.13, a pawnbroker may contract for and receive a pawnshop charge not to



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Ordinance No. 2005-                                                                 Page 21


      exceed three percent per month of the principal amount advanced in the pawn
      transaction plus a reasonable fee for storage and services. A fee for storage and
      services may not exceed $20.00 if the property is not in the possession of the
      pawnbroker.

2.    The pawnshop charge allowed under paragraph 1 will be deemed due as of the
      date of the pawn transaction and a like sum will be deemed due on the same day
      of the succeeding month. However, if full payment is made more than two weeks
      before the next succeeding date, the pawnbroker must remit one-half of the
      pawnshop charge for that month to the pledger.

3.    Interest may not be deducted in advance, nor may a loan be divided or split so as
      to yield greater interest or fees than would be permitted upon a single,
      consolidated loan or for otherwise evading any provisions of this section.

4.    Any interest, charge, or fees contracted for or received, directly or indirectly, in
      excess of the amount permitted under this section, is uncollectible and the pawn
      transaction is void.

5.    A licensee may charge only interest rates and fees allowed by Minn. Stat. Sec.
      325J.07 and must post a schedule of charges permitted by this section must be
      posted on the pawnshop premises in a place clearly visible to the general public.

22.   Pawning of Motor Vehicle Titles.

      a.       In addition to the other requirements of this section, a pawnbroker who
               holds a title to a motor vehicle as part of a pawn transaction must:

               (1)    be licensed as a used motor vehicle dealer under Minn. Stat. §
                      168.27, and post such license on the pawnshop premises;

               (2)    verify that there are no liens or encumbrances against the motor
                      vehicle with the Minnesota department of public safety; and

               (3)    verify that the pledgor has automobile insurance on the motor
                      vehicle as required by law.

      b.       A pawnbroker may not sell a motor vehicle covered by a pawn transaction
               until 90 days after recovery of the motor vehicle.




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Ordinance No. 2005-                                                                 Page 22


610.065. Records; Prohibitions.

1.    A pawnbroker and a clerk, agent, or employee of a pawnbroker must not:

      1a.      make a false entry in the records of pawn transactions;

      2b.   falsify, obliterate, destroy, or remove from the place of business the
      records, books, or accounts relating to the licensee's pawn transactions;

      3c.    refuse to allow the appropriate law enforcement agency, the attorney
      general, or other duly authorized state or federal law enforcement officer to
      inspect the pawn records or a pawn goods in the person's possession during the
      ordinary hours of business or other times acceptable to both parties;

      4d.      fail to maintain a record of each pawn transaction for four years;

      5e.    accept a pledge or purchase property from a person under the age of 18
      years;

      6f.     make an agreement requiring the personal liability of a pledger pledgor or
      seller, or waiving any provision of this section, or providing for a maturity date
      less than one month after the date of the pawn transaction;

      7g.    fail to return pledged goods to a pledger pledgor or seller, or provide
      compensation as set forth in section 610.070 610.60, upon payment of the full
      amount due the pawnbroker unless either the date of redemption is more than 60
      days past the date of the pawn transaction, renewal, or extension and the
      pawnbroker has sold the pledged goods pursuant to section 610.055 this section,
      or the pledged goods have been taken into custody by a court or a law
      enforcement officer or agency;

      8h.    sell or lease, or agree to sell or lease, pledged or purchased goods back
      to the pledger pledgor or seller in the same, or a related, transaction;

      9i.   sell or otherwise charge for insurance in connection with a pawn
      transaction; or

      10j. remove pledged goods from the pawnshop premises or other approved
      storage place at any time before unredeemed, pledged goods are sold pursuant
      to section 610.055 610.060;

      k.       receive any goods from a person of unsound mind or who is intoxicated;



           The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                 Page 23


      or

      l.       violate or fail to comply with any provision in this section.

2.    No person under the age of 18 years may pawn or sell or attempt to pawn or sell
      goods with any licensee under this section.

3.    No person may pawn, pledge, sell, consign, leave, or deposit an article of
      property with a licensee under this section if the property is:

      a.       not their own, whether or not the person has permission from the
               purported owner; or

      b.       subject to a security interest.

4.    No person seeking to pawn, pledge, sell, consign, leave, or deposit an article of
      property with a licensee under this section may give or present to the licensee a
      name, date of birth, residence address, telephone number, proof of identification,
      or any other information required under this section that is false, fictitious, or not
      his/her own.

610.070. Redemption; Risk of Loss.

A person to whom the receipt for pledged goods was issued, or a person identified in a
written and notarized authorization to redeem the pledged goods identified in the
receipt, or a person identified in writing by the pledger at the time of the initial
transaction and signed by the pledger is entitled to redeem or repurchase the pledged
goods described on the ticket. If the goods are lost or damaged while in possession of
the pawnbroker, the pawnbroker must compensate the pledger, in cash or replacement
goods acceptable to the pledger, for the fair market value of the lost or damaged goods.
Proof of compensation is a defense to a prosecution or civil action.

610.075. Motor Vehicle Title Pawn Transactions; Special Provisions.

1.    In addition to the other requirements of this chapter, a pawnbroker who holds a
      title to a motor vehicle as part of a pawn transaction must:

      a.       be licensed as a used motor vehicle dealer under Minn. Stat. § 168.27,
               and post such license on the pawnshop premises;

      b.       verify that there are no liens or encumbrances against the motor vehicle
               with the Minnesota department of public safety; and



           The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                  Page 24


      c.       verify that the pledger has automobile insurance on the motor vehicle as
               required by law.

2.    A pawnbroker may not sell a motor vehicle covered by a pawn transaction until
      90 days after recovery of the motor vehicle.

610.080 610.070. Denial, Suspensions and Revocations of License.

1.    Delinquent Taxes Grounds. A license under this section may be denied,
      suspended, or revoked for one or more of the following reasons:

      a.       violation of one or more provisions of this section;

      b.       violation of, or non-compliance with, any health, building, building
               maintenance, or other provisions of the Minnetonka city ordinances or
               state law;

      c.       non-compliance with the Minnetonka zoning code;

      d.       impracticality or impossibility of conducting a background or financial
               investigation due to the unavailability of information;

      e.       fraud, misrepresentation, or bribery in securing or renewing a license;

      f.       fraud, misrepresentation or false statements made in the application and
               investigation for a license, or in the course of a licensee’s business;

      g.       violation within the preceding five years of any law relating to theft,
               damage or trespass to property, sale of a controlled substance, or
               operation of a pawnbroker or precious metal dealers business; or

      h.       .The city council may suspend or revoke a license issued under this
               chapter for operation on a premises for which non-payment of real estate
               taxes, assessments or other financial claims of the city or of the state for
               the business or premises licensed or sought to be licensed under this
               sectionare unpaid. If an action has been commenced under the
               provisions of Minn. Stat. chapter 278, questioning the amount of validity of
               taxes, the council may on application by the licensee waive strict
               compliance with this provision. No waiver may be granted for an amount
               of taxes that remain unpaid for more one year after becoming due, unless
               the extended period is through no fault of the licensee.




           The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                  Page 25


2.     Violations Sanctions.

       a.       The council may either suspend for up to 60 days or revoke a license or
                impose a civil fine not to exceed $2,000.00 for each violation upon a
                finding that the licensee or an agent or employee of the licensee failed to
                comply with an applicable statute, regulation or ordinance relating to the
                subject matter of section 610. No suspension or revocation will take effect
                until the licensee has been afforded an opportunity for a hearing under city
                code section 700.035, except the suspension provided for in paragraph b,
                below.

       b.       A licensee’s conviction for theft, burglary, robbery, receiving stolen
                property or another crime involving stolen property will result in the
                immediate suspension of the license by operation of this ordinance,
                pending a hearing on revocation of the license.

610.085 610.075. Penalty.

Except as otherwise provided by state law, a person violating a provision of this
ordinance section is subject to the penalties established in section 1310 of this code. A
criminal fine or sentence imposed will not affect the right of the city to suspend or
revoke a license as the council deems appropriate.

Section 2. City Code Section 710.005(26) is amended as follows:

26.             610.040       pawnbrokers:
                              license                                 $10,000.00 3,000.00
                              investigation fee                                 $1,500.00
                              transaction fee:
                                     if reported electronically          $2.00 per billable
                                                                               transaction
                                     if reported manually                $4.00 per billable
                                                                               transaction

                              precious metal dealers:
                              license                                              $500.00
                              investigation fee                                    $500.00

Section 3. A violation of this ordinance is subject to the penalties and provisions of
Chapter XIII of the city code.




            The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                               Page 26


Section 4. This ordinance is effective 30 days after publication.


Adopted by the city council of the City of Minnetonka, Minnesota, on




Karen J. Anderson, Mayor

ATTEST:




Kathleen A. Magrew, City Clerk


ACTION ON THIS ORDINANCE:

Date of introduction:
Date of adoption:
Motion for adoption:
Seconded by:
Voted in favor of:
Voted against:
Abstained:
Absent:
Ordinance adopted.

Date of publication:




         The stricken language is deleted; the underlined language is inserted.
Ordinance No. 2005-                                                                Page 27


CERTIFIED COPY:

I certify that the foregoing is a correct copy of an ordinance adopted by the city council
of the City of Minnetonka, Minnesota, at a meeting held on




Kathleen A. Magrew, City Clerk


Date:




         The stricken language is deleted; the underlined language is inserted.
                            City Council Agenda Item #14A
                               Meeting of April 25, 2005


Brief Description:          Preliminary plat, with a lot width at the right-of-way variance,
                            at 209 Park Lane South for Peter J. Bren & Son, Inc.

Recommended Action:         Deny the preliminary plat.


Introduction

Peter J. Bren & Son, Inc., represented by Peter J. Bren (president), is requesting to
divide the existing lot at 209 Park Lane South into two lots. Two new homes would be
built. A previous home on the lot burned down. The request requires a lot width at the
right-of-way variance from 80 feet to 15 feet for Lot 2. (See pages A4–A5.)


Primary Issues

•   Is the proposal consistent with neighborhood character?

    No. The area east of Park Lane South is characterized by deep lots with single-
    family homes with varying setbacks. (See pages A2, A3 and A8.) While there are
    seven lots without frontage in the general area, none of the properties access Park
    Lane South. Six of the seven existing lots without frontage to the east were created
    in 1996. (See pages A12–A15.) Staff believes that area is not part of the
    neighborhood character on Park Lane South.

•   Would the proposal set a precedent for future lot division approval or
    requests?

    Yes. Staff has identified lots in the area that could be similarly divided into lots
    without adequate street frontage. Specifically, the lot to the north could be divided
    the same as proposed, as it has the same dimensions as the subject property.
    Additionally, five lots to the south of this property on Oberlin Road could be divided
    to create three new lots. (See page A6.)

             Address               Current Lot Area(s)        Resulting Lot Areas
    Subject Property                    44,913 s.f.           22,457 and 22,456 s.f.
    201 Park Lane South                 44,918 s.f.           22,000 and 22,918 s.f.
    11900, 11816 & 11808               117,621 s.f.           23,524 square feet for
    Oberlin Road                                               each lot = 5 lots total
    11610 & 11600 Oberlin               67,120 s.f.          22,373 square feet each
    Road                                                         lot = 3 lots total
Meeting of April 25, 2005                                                     Page 2
Subject: Preliminary Plat, With Variance, 209 Park Lane South


     Staff is concerned that approval of the applicant’s proposed plat with variance would
     set a precedent for future lot divisions in the area.

•    Is the proposal consistent with the City’s open space preservation policy?

     No. The city uses several methods to ensure preservation of ecologically valuable
     open space: conservation development, conservation easements, and land
     acquisition. Similarly, within the R-1 zoning district, staff believes a lot frontage
     requirement promotes the preservation of privately owned open space. Staff is
     concerned that approval of lot-width-at-frontage variances will reduce this type of
     open space and may contradict the Comprehensive Guide Plan, which notes that,
     “the intent of the low density residential land use district is to continue the spacious
     rural development pattern that characterizes many of Minnetonka’s neighborhoods.”


Summary Comments

Staff believes the request is not in character with the neighborhood on Park Lane South,
is not consistent with the city’s open space preservation policies, and would set a
precedent for similar subdivision requests in the neighborhood; therefore staff is
recommending denial of the application. However, if the planning commission is in favor
of the project, staff would recommend referring the plans back to staff to work out site
plan details such as utility installation, driveway location, tree protection and house
location with the applicant.


Planning Commission Recommendation

On April 14, 2005, the planning commission unanimously recommended that the city
council deny the plat. (See the minutes on pages A19–A21.)


Staff Recommendation

Deny preliminary approval of the plat, with variance. This denial is based on the
following findings:

1)     The proposal is not consistent with neighborhood character.

2)     The proposal is not consistent with the City’s open space preservation policies.

3)     Approval of the proposed plat may set a precedent for future lot divisions and/or
       lot division requests with variances on Park Lane South and Oberlin Road.
Meeting of April 25, 2005                                                    Page 3
Subject: Preliminary Plat, With Variance, 209 Park Lane South


Submitted through:
      John Gunyou, City Manager
      Geoff Olson, Planning Director

Originated by:
       Cary Teague, Principal Planner
G:\WORD\2005 City Council Items\2005 Council Staff Reports\cl05007.04a.doc
Meeting of April 25, 2005                                                           Page 4
Subject: Preliminary Plat, With Variance, 209 Park Lane South


                               SUPPORTING INFORMATION

Surrounding Land Uses

    Surrounding land uses on all sides of the subject property are single-family residential
    homes.

Planning

    Guide Plan designation:           Low-density residential

    Zoning:                           R-1, low-density residential

Lot Dimensions

   The proposed plat would result in the following properties:

                                                                     Lot Width at      Lot Width at
                 Lot Area        Buildable Area      Lot Depth
                                                                       R-O-W              setback
Ordinance        22,000 s.f.         3,500 s.f.        125 feet         80 feet           110 feet
Lot 1            22,457 s.f.        5,000+ s.f.        149 feet        150 feet           150 feet
Lot 2            22,456 s.f.        5,000+ s.f.        150 feet        15 feet*           122 feet
                                                                                *variance required

Setbacks

   A new home on the back lot would be required to meet the 25-foot setback requirement on
   all sides.

Grading and Drainage

   There is a natural low area along the east side of the subject property. The city engineer
   indicates that this area has been incorporated into the City’s storm water management
   program. Were the proposed plat approved, a drainage and utility easement would be
   required over the 974.0 elevation on both properties. This easement would not affect the
   buildable area of either lot.

Utilities

  The city engineer notes that utility services would need to be installed for proposed Lot 2.
  Services are available from Park Lane South, and would be extended along the south lot line.
  Trees should be protected during installation of the utilities. If the trees would be removed, the
  driveway should be relocated to the south side of the property.
Meeting of April 25, 2005                                                           Page 5
Subject: Preliminary Plat, With Variance, 209 Park Lane South


Area Lot-Behind-Lots

  In 1996, the city council gave preliminary and final plat approval to divide the 5.6 acre
  property to the east into 6 lots. Four of those lots are served from a private driveway off
  Ridgemount Avenue. The applicant requested a 7 lot subdivision, however, the further
  division of 11905 Ridgemount Avenue (adjacent to the east of the subject property) was
  denied. (See the plans minutes on pages A12–A15.)

  In 1999, 11905 Ridgemount Avenue again requested division of the property; the request was
  again denied. (See the diagram on page A12.)

  In 2004, 11905 Ridgemount Avenue again requested division of the property; the request was
  again denied.

Variance – Lot Width at Right-Of-Way

   Section 300.10, Subdivision 5(h)(2)(b) of City Code states that: “Variances to permit lots
   with reduced frontage on public right-of-way, neck lots or lots with no frontage on public
   right-of-way which access by permanently recorded easements will be considered, but not
   necessarily granted, only upon evidence that one of the following standards are met:

   1) One of the following conditions exists:

       a) An extension of roadway is not physically feasible as determined by the city. If the
          city determines that there is the need for a roadway extension, this section shall not
          apply, and the right-of-way shall be provided by easement or dedication, whichever is
          appropriate;

       b) Severe grades make it infeasible according to the city to construct a public street to
          minimum city standards;

       c) The city determines that a right-of-way extension would adversely impact natural
          amenities including wetlands or stands of significant trees;

       d) There is no feasible present or future means of extending right-of-way from other
          directions;

       A public street could be constructed on the property, however, in doing so, the lot sizes
       would be reduced to below the minimum lot size requirement. Therefore, the applicant is
       not entitled to two lots on this property.

   2) The number of lots to share a common private access drive does not exceed three;

   3) Covenants that assign driveway installation and future maintenance responsibility are
      submitted and recorded with the titles of the parcels that are benefited;
Meeting of April 25, 2005                                                          Page 6
Subject: Preliminary Plat, With Variance, 209 Park Lane South



   4) The neck portion of a neck or flag lot must have a minimum width of 14 feet plus the
      actual driveway width required by the fire marshal pursuant to the uniform fire code. If
      an easement is used to provide access, the easement must have a minimum width equal to
      the width required for a neck, plus an additional ten feet.

   5) When a lot has no access to a public street and receives access across a private driveway,
      the private driveway must meet the following standards:

       a) If the driveway provides access to more than one lot, a private driveway maintenance
          agreement must be recorded for the lots.

       b) The driveway must meet minimum requirements established by the engineering
          department and fire marshal.

   Should the application be approved, the above conditions 2-5 would be met, or required as a
   condition of approval.

Variance Standards

   As demonstrated below, staff believes the proposal does not meet the variance standards. A
   variance application should be judged against three tests:

  1)   Are there practical difficulties that prevent a reasonable use from complying with
       ordinance requirements?

       The courts have found that reasonable use does not mean that the applicant must show
       the land cannot be put to any reasonable use without the variance. Rather, the applicant
       must show that there are practical difficulties in complying with the Code and that the
       proposed use is reasonable. “Practical difficulties” may include functional and aesthetic
       concerns.

       Staff does not believe there is a hardship to justify the variance. There is not adequate
       area on the lot to construct a public street and get the second lot. If the city denies the
       variance, reasonable use of the property would not be denied. A new single-family home
       could still be constructed on the site.

   2) Are there circumstances that are unique to the property, not common to every similarly
      zoned property, and that are not self-created?

       No. The lot is oversized at 44,913 square feet; however, it is not unique to the area. The
       lot to the north is also 44,000 square feet. Lots to the south and east range from 37,771
       square feet to 39,201 square feet. (See pages A6 and A7.)
Meeting of April 25, 2005                                                          Page 7
Subject: Preliminary Plat, With Variance, 209 Park Lane South


   3) Would the variance alter the essential character of the neighborhood?

      Yes. A new home would be built in the perceived back yard of the front home from Park
      Lane South, therefore would alter the character of the neighborhood along Park Lane
      South, which is homes built on large lots with large back yards.

Standards

    City Code states the following criteria for approval of a variance (Section 300.07): “A
    variance may be granted from the literal provisions of this ordinance in instances where
    strict enforcement would cause undue hardship because of circumstances unique to the
    individual property under consideration and when it is demonstrated that such actions would
    be consistent with the spirit and intent of this ordinance. Undue hardship means the property
    in question cannot be put to a reasonable use if used under conditions allowed by this
    ordinance, the plight of the landowner is due to circumstances unique to the property not
    created by the landowner, and the variance, if granted, would not alter the essential character
    of the neighborhood. Economic consideration alone shall not constitute an undue hardship if
    reasonable use of the property exists under the terms of this ordinance.”

Appeals

    Any person aggrieved by the Planning Commission’s decision about the variance may
    appeal such decision to the city council. A written appeal must be submitted to the planning
    staff within ten days of the date of the decision.

Neighborhood Comments

    We surveyed the property owners within 400 feet of this site. We received four replies as
    follows:

                    0           1               3            1              3
                Strongly    Somewhat                      Somewhat       Strongly
                Support      Support        Neutral        Oppose        Oppose

    In favor:

      “We have no objection to the proposed lot division at 209 Park Lane as long as the
      shared drainage area with 201 Park Lane is altered to the benefit of both owners
      when the new driveway in installed. Our son lives at 201 Park Lane and has a deep
      depression along the south border of his property. The depression also extends
      onto the north border of 209 Park Lane, for the purpose of water run-off. In our
      opinion, the proposed driveway shouldn’t be located so that the subsequent
      drainage would all be moved to 201 Park Lane. This should be a cooperative
      grading/fill solution between 201 and 209 Park Lane.” (12021 Glendale Lane.)
Meeting of April 25, 2005                                                         Page 8
Subject: Preliminary Plat, With Variance, 209 Park Lane South



    Opposed:

      My wife Diane and I have owned our property at 401 Park Lane South for 24 years and
      decided to move to this location due to its location and proximity to all areas of the twin
      cities, but the main attraction was the pastoral "countrified" feel of the area. With an
      abundance of wildlife and unobstructed views we knew this was the most perfect location
      we could find in the "burbs" to raise our family. Now we have been notified of a
      development that goes counter to all the good feelings we have had with our
      neighborhood.

      We were saddened by Mr. Walker's loss of his home due to the fire as he had made many
      improvements to his home that truly enhanced the entire neighborhood, but were angered
      when the burned out hulk that remained stood for many months (the rumor was that he
      had disputes with his insurance company on the settlement). Now we find out that rather
      than rebuilding his home, he wants to split his lot and stack two homes (front and back)
      on his single residential lot. Is he going to continue to live in one of the homes after he
      has changed the demographic of his property or is he planning on leaving the
      neighborhood with the extra cash made from the sale?

      Our family is not against proper development in our neighborhood (in fact the new home
      that has been constructed in the last 3 years across from Mr. Walker's property is a
      beautiful addition to our area), but I strongly disapprove of any development that will
      ruin sightlines and take away from the natural beauty of our Park Lane neighborhood. I
      am hoping that the city council will look beyond the additional windfall of extra property
      tax collected and consider what the end result will be for the city in the coming years as
      lots are redeveloped with variances given for unnatural property development.” (401
      Park Lane South.)

      “I live right behind this property. I am strongly opposed to this proposal for the following
       reasons. If Randy gets this variance, I will feel discriminated against as I was asking for
       the same kind of variance on my property and was refused for no good reason. It would
       be a maximum use of the property, as opposed to reasonable use. The new house will be
       about 30 feet away from my house, and it is way too close. It will decrease the value of
       my property and will make me feel insecure in my own home. No other properties in the
       neighborhood are crowded as close together as this new house and mine will be. It is out
       of character for the area.” (11905 Ridgemount Avenue West)

       “I’m very curious about the ‘existing house being torn down’! That house blew up long
       ago—mysteriously. It would be comforting to know a cause. Of course, I’m not
       supportive of the proposal—I live immediately south of the property and my privacy will
       be invaded forever. That is difficult to accept after residing here about 30 years. I only
       hope the builders will not take advantage of my property by lining up dozens of windows
       facing my direction! (309 Park Lane So.)
Meeting of April 25, 2005                                                           Page 9
Subject: Preliminary Plat, With Variance, 209 Park Lane South


       “Everyone in this area that I have talked to about this change is against it. Cutting those
       lots up devalue our property and will create a “suburban ? ?” over time. When I bought
       my house, I bought it because of the openness and park-like view, and at the time was
       assured that Minnetonka was intent on keeping large lots as it created a quality of
       lifestyle. Many of us have lived here and paid taxes for 25 to over 30 years, and we don’t
       want some one coming in here and selling off a lot for profit and moving on, and leaving
       the ? off. Your letter stated that the existing home would be town down. When in fact
       there is no existing home as it “blew up” from an “accidental” gas leak and then set as a
       charred wreck for a year. The owner probably got paid for the house and now wants to
       sell the lot at a profit; and the long-time residents will be the losers with reduced view
       and property values. Some people around here are afraid to say what they thing about
       this. We’ll see whose side the city council comes down on, the builder or a number of
       long time tax paying residents.” (11910 Oberlin Road)

       See the petition on pages A16–A18.

    General comments:

      “We are neutral on the application or somewhat support, and we do appreciate the
      opportunity to provide feedback. I would love to see something happen with this burned
      out lot this summer. It's an eye sore in its current state. The proposed lots have a similar
      layout to our own. Our lot is set back from the road without a typical front yard. We
      love the layout, and we love having no real road frontage. It's very family-friendly for
      young kids to have the house setback from the street. The only drawback we see is any
      possible concern by emergency response folks. Otherwise, I think having homes and lots
      that are not completely "cookie cutter" gives the area character.” (12012 Glendale
      Lane)

      “I live across the street from Randy’s lot. I just wanted to say that I don’t see any
      problem with his proposal.” (200 Park Lane South)

    “Note! Car headlights will rake the upper story of the Ugoret residence.


Deadline for a city decision:        June 13, 2005
                            City Council Agenda Item #14B
                               Meeting of April 25, 2005


Brief Description:         Applications to subdivide 1908 Linner Road into six lots for
                           CoPar Development, LLC.:

                           1)    rezoning from R-1 to PUD, with a setback variance for
                                 one lot; and a

                           2)     preliminary plat.

Recommended Action:        Approve the requests.


Introduction

CoPar Development, LLC, represented by Tom Hansen, is proposing to build six homes
at 1908 Linner Road. The existing home would be removed. Access to two of the
homes would be from Linner Road, one home would gain access from Linner Ridge,
and a public street would be built off Linner Ridge to serve three homes.

The proposal requires a preliminary plat, and a rezoning from R-1, low-density
residential, to PUD, planned unit development, with a perimeter street setback variance
from 35 to 25 feet for Lot 3. The PUD is requested to protect and preserve existing
mature trees on the site and minimize impact on the slopes on the western half of the
site; 57 mature trees would be saved under the PUD. The site is 4.79 acres in size, of
which 2.9 acres is proposed to be put into conservation easement. (See narrative and
plans on pages A8–A18.)

The applicant originally proposed an eight-lot subdivision with a cul-de-sac running
through the site from Linner Road. (See page A21.) This plat met all minimum lot size
standards of the R-1 zoning district. However, to develop the plan, the steep slopes on
the site would have been completely altered. Staff believed that plan did not meet the
city’s steep slope ordinance, which requires impacts to steep slopes to be minimized.
The applicant then created a six-lot plan that encroached into the slopes and met all
minimum R-1 standards. This plan would meet the steep slope ordinance. Despite the
fact that the plan was an improvement to the 8-lot plan, staff further recommended
doing a PUD, to even further minimize slope and tree impact. The result is the current
proposal. (See page A15.)

Because several neighbors wanted lots on Linner Road with R-1 frontages of at least
110 feet, staff has included a drawing of a third option on page A20. This option widens
the lots on Linner Road, but loses the trees on the north side of Lot 1. The planning
commission did not think this option would solve the neighbors’ concerns and it would
not be worth the loss in trees.
Meeting of April 25, 2005                                                      Page 2
Subject: Linner Woods Plat, 1908 Linner Road


Primary Issues

•   Is the PUD zoning justified for this project?

    Yes. The PUD zoning is justified for the following three reasons:

    1. Protection of mature trees. The woodland is predominately comprised of oak,
       maple, basswood, ash, and box elder. There is an under story of ironwood trees
       and shrubbery that never achieve the same size or stature as the over story
       trees. Many trees that are important for the overall structure of the forest and for
       the regeneration of the forest are not accounted for on the tree inventory
       because our ordinance requires that the tree inventory reflect those trees that are
       eight inches or larger in diameter. In protecting the woodland character we look
       at saving all of the components of the forest; not just the trees that are eight
       inches or larger. The plans show a 50-foot-wide right-of-way and a 100-foot-
       diameter cul-de-sac.

      The PUD zoning would allow for the flexibility in lot sizes, reduced front yard
      setbacks from 35 to 25 feet, reduced paved surface of the roadway from 26 to 24
      feet, and reduced right-of-way width from 50 to 40 feet. This results in saving
      and permanently protecting 57 mature trees and potentially more, which would
      be lost under a standard R-1 plat. (See page A17.) These would be reduced to
      40 feet and 90 feet to lessen the impact to the trees. The trees would be
      permanently protected by a conservation easement that would be 2.9 acres in
      size.

    2. Better protection of the steep slope. There is a 23-28% slope that runs through
       the site. (See page A16.) The PUD would further reduce impacts in the slope
       area compared to the R-1 plat, by shifting the homes away from the slope. (See
       page A19.) Again, the revision to the plans to reduce the cul-de-sac size would
       further reduce the slope impact. Drainage on the site currently flows toward the
       slope area. This development would direct drainage away from the slope toward
       the public street, into the sediment pond to filter sediment before being released
       into the storm sewer system. (See page A13.)

    3. Specific development requirements. This PUD zone would include a master
       development plan, which would specifically require the site to be developed as
       proposed. (See the ordinance on pages A1–A4.) Any change to this proposal,
       change in land use, or increase to a higher density would require an amendment
       to the master development plan.

      Concern has been raised from residents in the neighborhood, that a PUD to
      allow lots below 22,000 square feet in size is not consistent with this
      neighborhood. The perception would be that these homes would be closer
      together than the homes in the area. In regard to lot sizes, this is true. As
      demonstrated on page A23, all lots in this area meet or exceed the 22,000-
Meeting of April 25, 2005                                                      Page 3
Subject: Linner Woods Plat, 1908 Linner Road


         square-foot minimum lot size. However, as demonstrated on page A19, there
         would not be a significant difference in home location compared to the R-1 plat,
         particularly along Linner Road. The homes would be located in the same general
         location as the PUD proposal. Staff believes the benefit of saving and protecting
         57 mature trees on this site, and minimizing impacts to the slopes out weighs the
         perception of homes being slightly closer to one another on Linner Road.

         Another concern raised by the residents is the three lots on Linner Road. As
         noted on the R-1 plat, Lot 3 has just 99 feet of width at the required setback.
         However, there is 110 feet at the required setback off the new cul-de-sac.
         Therefore, the R-1 plat meets all minimum lot size requirements and, therefore,
         the applicant is entitled to 6 lots on the site and three on Linner Road.

•   Is a conservation easement appropriate?

    Yes. The conservation easement is appropriate for the following two reasons:

    1. Ensures tree protection. The purpose of the PUD is to preserve and protect the
       mature trees and steep slopes on the site. The conservation easement would
       ensure the permanent protection of the trees, unless they are diseased or dying.
       The conservation easement would take up 60% of the total site area. (See page
       A15.)

    2. Allows for accessory uses in the rear yard. The conservation easement would
       start 50 to 60 feet back from the proposed homes. This would still allow
       homeowners of the lots on the cul-de-sac to selectively take down trees to have
       accessory uses such as pools, swing sets, decks and patios in there rear yards.
       Grading limits for house construction would be right behind the new homes. (See
       page A15.)

•   Is the setback variance justified for Lot 3?

    Yes. As demonstrated below, staff believes the proposal meets the variance
    standards. The applicant is requesting a variance to the PUD standard that requires
    a 35-foot front yard setback from local streets outside the PUD. The variance is
    only for Lot 3, and its setback to Linner Ridge.

    The variance application should be judged against three tests:

    1)     Are there practical difficulties that prevent a reasonable use from
           complying with ordinance requirements?

           The courts have found that reasonable use does not mean that the applicant
           must show the land cannot be put to any reasonable use without the variance.
           Rather, the applicant must show that there are practical difficulties in
Meeting of April 25, 2005                                                       Page 4
Subject: Linner Woods Plat, 1908 Linner Road


         complying with the Code and that the proposed use is reasonable. “Practical
         difficulties” may include functional and aesthetic concerns.

         Staff believes the applicant is proposing a reasonable use for the property. The
         hardship is caused by the PUD ordinance being more restrictive than the R-1
         standards for corner lots. If the property were developed under the R-1 plat
         that meets city code, the setback from Linner Ridge could be reduced to 25
         feet as a corner lot. (See page A19.) However, the PUD ordinance does not
         provide for this flexibility. Therefore, the applicant is requesting the variance to
         require the same flexibility as an R-1 lot. The home would also maintain a 35-
         foot setback from the new cul-de-sac, and Linner Road. (See page A15.)

    2)   Are there circumstances that are unique to the property, not common to
         every similarly zoned property, and that are not self-created?

         Yes. The unique circumstances are the mature trees and steep slope on the
         site. The PUD is requested to save a larger area of the large stand of trees and
         steep slope.

    3)   Would the variance alter the essential character of the neighborhood?

         No. Construction of a single-family home 25 feet from Linner Ridge would not
         be out of character in the neighborhood. Again, if the developer proposed an
         R-1 plat, this home could have a 25-foot setback to Linner Ridge and meet the
         setback requirement.

    All other setback requirements of the PUD would be met. (See the PUD setback
    table in the Supporting Information of this report.) The site plan must be revised to
    reflect the required 15-foot south side yard setback for Lot 6.

•   Should a public trail be required through the development?

    Yes. The Minnetonka Trail System map identifies a loop trail on this site that would
    connect a future trail along Crosby Road and McGinty Road into the Gray’s Bay
    area, and eventually to a trail along Minnetonka Boulevard. (See page A22.)
    Segments of this trail were recently acquired as part of the Portico and Crosby
    Cove developments to the south of the subject site. This is another leg of that
    connection, and should be done now to accommodate the future trail. This trail
    would also provide future access to Linner Park. (See the proposed trail location on
    page A18.) The trail would be located over an existing sewer easement.
Meeting of April 25, 2005                                                    Page 5
Subject: Linner Woods Plat, 1908 Linner Road


Planning Commission Recommendation

On April 14, 2005, the planning commission unanimously recommended that the city
council approve the proposal. (See the minutes on pages A38–A49.)


Staff Recommendation

                    REZONING/MASTER DEVELOPMENT PLAN
                     WITH FRONT YARD SETBACK VARIANCE

1)    Recommend that the City Council adopt the ordinance on pages A1–A4.
      This ordinance approves a rezoning with master development plan and
      front yard setback variance from 35 to 25 feet to the south lot line for Lot
      3, for 1908 Linner Road. This ordinance is based on the following findings:

      a.    The rezoning would be consistent with the City’s guide plan.

      b.    The rezoning would be consistent with the public health, safety, and
            welfare.

      c.    The rezoning would save more significant trees than a plat meeting R-1
            standards.

      The rezoning is subject to the following conditions:

      a.    The site must be developed and maintained in substantial
            conformance with the following plans, unless modified by the
            conditions below:

            •   Preliminary Plat, date stamped April 7, 2005
            •   Grading and Drainage Plan, date stamped April 13, 2005
            •   Utility Plan, date stamped April 13, 2005
            •   Street Plan, date stamped April 7, 2005
            •   Conservation Easement Map, date stamped April 7, 2005
            •   Site Plan, date stamped April 13, 2005

            The above plans are hereby adopted as the master development plan.
Meeting of April 25, 2005                                                       Page 6
Subject: Linner Woods Plat, 1908 Linner Road


      b.     The following setbacks are required for each lot:

                           Lot 1      Lot 2    Lot 3      Lot 4     Lot 5      Lot 6
     Front yard
        Linner Rd.         35 feet   35 feet   35 feet      -         -          -
        Linner Ridge          -         -      25 feet      -         -          -
        New street            -         -      35 feet   25 feet   25 feet    25 feet
     Side yard
        North side         45 feet   10 feet   10 feet       -    10 feet   10 feet
        South side         10 feet   10 feet      -          -    10 feet   15 feet
         East side            -         -         -      10 feet     -
        West side
                              -         -         -      10 feet     -
                                                         Establis Establis Establish
     Rear yard             32 feet   32 feet      -       hed by hed by       ed
                                                         conserv conserv       by
                                                           ation   ation   conserva
                                                         easeme easeme       tion
                                                            nt       nt    easemen
                                                                               t


                                     PRELIMINARY PLAT

2)    Recommend that the City Council give preliminary approval to the Linner
      Woods plat, date stamped April 7, 2005. Approval is based on the
      following findings:

      a.     The proposal meets the required standards and ordinances for a
             preliminary plat.

      b.     The proposal meets the required standards and ordinances for a
             planned unit development.

      Approval is subject to the following conditions:

      a.     Complete the following before final plat approval:

             (1)     Show the following on the final plat:

                     (a)     At least ten-foot-wide drainage and utility easements
                             next to any existing or proposed public street right-of-
                             ways and at least seven-foot-wide drainage and utility
                             easements along all other lot lines.

                     (b)     Utility easements over existing or proposed public
                             utilities, as determined by the city engineer.
Meeting of April 25, 2005                                                         Page 7
Subject: Linner Woods Plat, 1908 Linner Road



                   (c)    Drainage and utility easements over storm water
                          ponds, as determined by the city.

                   (d)    The right-of-way for the cul-de-sac must be reduced
                          40 feet wide at the entrance of Linner Ridge, and the
                          radius must also be reduced to 45 feet.

            (2)    Pay the city a park dedication fee of $11,875, minus the
                   value of the trail easement.

            (3)    Submit evidence of watershed district approval. The city may
                   require revisions to the preliminary plat to meet the district’s
                   requirements.

            (4)    If the developer is petitioning the city to construct the public
                   improvements, the city council must order the improvements.

      b.    The following items must be submitted to the city before the city
            releases the final plat:

            (1)    An engineering/utility inspection fee.

            (2)    An electronic CAD file of the final plat in micro-station or
                   DXF.

            (3)    If the developer is constructing any public improvements, the
                   developer must submit a signed agreement with city. This
                   agreement must guarantee that the developer will complete
                   all public improvements and meet all city requirements. This
                   agreement must include an escrow to ensure that the
                   developer completes all public improvements and complies
                   with all city regulations. This escrow must be a letter of credit
                   or cash deposit. The amount must be 150% of the estimated
                   cost of the improvements or 125% of the cost if based on
                   actual bids.

            (4)    The following documents for the city attorney’s approval:

                   (a)    Title evidence that is acceptable to the city attorney.
                          Title evidence must be current within thirty days
                          before release of the final plat.

                   (b)    Conservation easements over the areas identified on
                          the preliminary plat, and a drawing of the easements
                          for the approval of the city attorney. The easements
                          and drawing must be recorded with the final plat.
Meeting of April 25, 2005                                                      Page 8
Subject: Linner Woods Plat, 1908 Linner Road


                   (c)    Provide restrictive covenants to be recorded against
                          the individual lots with the plat. The covenants must
                          include the conditions below that have not been met
                          as of the release of the plat. These covenants must
                          first be submitted for the city attorney’s approval.

                   These documents must be recorded with the final plat, and a
                   drawing of any easements must be attached to the
                   easement deed.

      c.    The following must be completed before the city issues a grading
            permit or any site work is started:

            (1)    A construction management plan must be submitted for staff
                   approval. The plan must include installation and maintenance of a
                   temporary rock driveway, erosion control, and tree protection
                   fencing for each lot. The plan is subject to review by the city’s
                   environmental resources coordinator.

            (2)    The items listed in the construction management plan must be
                   installed and inspected by the city’s environmental resources
                   coordinator.

            (3)    Final grading, drainage, and erosion control plans must be
                   submitted for staff approval. If the developer is building the
                   streets and utilities, the developer must submit final street
                   and utility plans for staff approval. Controlled roof drainage
                   may be required for Lots 1, 4, 5 and 6. Roof runoff infiltration
                   trenches or other methods approved by staff would be
                   required to control drainage away from the steep slopes.

            (4)    A letter of credit or cash escrow for 150% of the estimated cost to
                   comply with grading permit requirements and restore the site must
                   be submitted to the city. The city will not release the letter of credit
                   or cash escrow until the developer submits as-built drawings and a
                   letter certifying that the utilities, road, and grading have been
                   completed according to the plans approved by the city.

            (5)    Construction vehicles must not park on Linner Road or Linner
                   Ridge during construction.

            (6)    The existing debris and dead trees along the north lot line must be
                   removed.

      d.    The following must be submitted to the city before the city issues a
            building permit:
Meeting of April 25, 2005                                                    Page 9
Subject: Linner Woods Plat, 1908 Linner Road



            (1)    A grading and tree preservation plan for each lot subject to staff
                   approval. Controlled roof drainage may be required for Lots 1, 4, 5
                   and 6. Roof runoff infiltration trenches or other methods approved
                   by staff would be required to control drainage toward the steep
                   slopes.
            (2)    The installation and maintenance of a temporary rock driveway,
                   erosion control, and tree protection fencing for each lot must be
                   installed, subject to review and approval of the city’s environmental
                   resources coordinator.

            (3)    A copy of the recorded plat and any easements, covenants, and
                   any other homeowners’ document required to be recorded for the
                   development.

            (4)    All required hookup fees for sewer and water.

            (5)    A letter from the surveyor stating that boundary and lot stakes have
                   been installed as required by ordinance. If the grading for proposed
                   streets has not been completed, the planning director may approve
                   a time extension to this requirement.

      e.    All structures must meet the setback requirements of the PUD.

      f.    The driveway for Lot 3 must be off Linner Ridge and the front of the home
            must face the new cul-de-sac.

      g.    The garage on Lot 1 must be located on the south side of the home.

      h.    The floor area ratio and hard surface coverage each may not exceed 50%
            of the site area.

      i.    The conservation easements must be maintained in accordance with a
            conservation plan approved by the City.

      j.    During construction, the streets must be kept free of debris and sediment,
            and the tree protection fencing, and erosion control fencing must be
            maintained.

      k.    All existing structures must be removed from the site.

      l.    Trees must be planted to compensate for significant trees removed from
            each site that would be outside of the building pad and driveway area. The
            trees must be primarily species native to the area. They must be at least 2
            1/2 inches in diameter for deciduous trees and 6 feet tall for coniferous
Meeting of April 25, 2005                                                          Page 10
Subject: Linner Woods Plat, 1908 Linner Road


                  trees. The property owner or original developer must replace the required
                  trees if they die within one year after installation.

         m.       The City must approve the final plat within one year of preliminary
                  approval or receive a written application for a time extension or the
                  preliminary approval will be void.


Submitted through:
      John Gunyou, City Manager
      Geoff Olson, Planning Director

Originated by:
       Cary Teague, Principal Planner

G:\WORD\2005 City Council Items\2005 Council Staff Reports\cl05014.05a.doc
Meeting of April 25, 2005                                                            Page 11
Subject: Linner Woods Plat, 1908 Linner Road


                               SUPPORTING INFORMATION

Surrounding Land Uses

     Surrounding land uses include single-family residential homes zoned and guided for low-
     density residential use on all sides.

Existing Site Features

     The site includes a single-family home with a large area of steep slopes and mature trees.

Planning

     Guide Plan designation:    Low-density residential

     Zoning:                    R-1, Low-density residential

Planned Unit Development (PUD) Rezoning

Per Section 300.22.1, the purpose of the planned unit development (PUD) is to provide a district
that will encourage the following:

   a. Flexibility in land development and redevelopment in order to utilize new techniques of
      building design, construction and land development.

   b. Provision of housing affordable to all income groups.

   c. Energy conservation through the use of more efficient building designs and sitings and
      the clustering of buildings and land uses.

   d. Preservation of desirable site characteristics and open space protection of sensitive
      environmental features, including steep slopes, poor soils and trees.

   e. More efficient and effective use of land, open space and public facilities through mixing
      of land uses and assembly and development of land in larger parcels.

   f. High quality of design and design compatible with surrounding land uses, including both
      existing and planned.

   g. Sensitive development in transitional areas located between different land uses and along
      significant corridors within the city.

   h. Development is consistent with the comprehensive plan.
Meeting of April 25, 2005                                                             Page 12
Subject: Linner Woods Plat, 1908 Linner Road


   With the exception of the provision of affordable housing, and that this is not a transitional
   area, the proposal meets the above criteria. The applicant is proposing conservation
   easements to better protect and preserve the mature trees and slopes on the site. The PUD
   plan would save 57 additional mature trees compared to an R-1 plat. (See page A17.) The
   protection of these trees requires the city to consider deviating from certain development
   standards in order to achieve their preservation, and still have the development be
   economically viable. The PUD zone provides the city with the legal mechanism to consider
   such deviations. The PUD zone also allows for smaller single-family lots, and reduced
   setbacks to save more trees and protect the slope.

   Nearby residents have expressed concern that the project would not meet all of these
   findings. However, as highlighted above, the code states that a PUD should encourage the
   criteria listed above. These, therefore, are not requirements that all have to be met.

PUD Standards

   Each P.U.D. shall have a minimum area of five acres, excluding areas within a designated
   wetlands, floodplain, or shoreland district or right-of-way, unless the applicant can
   demonstrate the existence of one of the following:

   1) unusual physical features of the property itself or of the surrounding neighborhood such
      that development as a PUD will conserve a physical or topographic feature of importance
      to the neighborhood or community;

   2) the property is directly adjacent to or across a right-of-way from property which has been
      developed previously as a PUD or planned unit residential development and will be
      perceived as and will function as an extension of that previously approved development;

   3) the property is located in a transitional area between different land use categories or on an
      intermediate or principal arterial as defined in the comprehensive plan;

   4) the property is proposed to be developed with single family dwelling lots having a
      minimum area of 15,000 square feet; or

   5) the property contains steep slopes or a substantial number of significant trees that could
      be preserved through the clustering of buildings or other design techniques not generally
      allowed by the existing zoning district.

   The subject site is 4.79 acres in size; however, the applicant has demonstrated that #1 and #5
   are present on the site, and could be better protected by development under a PUD. The
   proposed PUD would protect 57 mature trees and a larger area on the steep slope than would
   an R-1 plat. Therefore, the site could be developed under a PUD in this instance.
Meeting of April 25, 2005                                                              Page 13
Subject: Linner Woods Plat, 1908 Linner Road


Preliminary Plat

   Section 300.22.3.n. of the City Code states, “The uniqueness of each PUD requires that
   specifications and standards for streets, utilities, public facilities and subdivisions may be
   subject to modification from the city ordinance ordinarily governing them. The city council
   may, therefore, approve streets, utilities, public facilities and land subdivisions which are not
   in compliance with usual specifications or ordinance requirements if it finds that strict
   adherence to such standards or requirements is not required to meet the intent of this section
   or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or
   the city as a whole.”

   Lot Size

   Lot sizes would range from 15,201 to 60,615 square feet. Section 300.22.3.d. of the City
   Code states that the overall density of a PUD development must be within the range specified
   in the comprehensive plan. Density of the development would be .8 units per acre. As
   demonstrated on page A20, the property could be platted with six 22,000-square-foot lots
   that meet minimum code requirements. Four lots would be below 22,000 square feet. (page
   A15.)

   Lot Width

   All lots meet the minimum lot width at the building setback requirement of 90 feet.

   Public Street

   A 135-foot public cul-de-sac with perimeter concrete curbing would be constructed off
   Linner Ridge. Per Section 400.025.4. of the City Code, maximum length of a cul-de-sac is
   500 feet.

   The applicant is also requesting deviations from the city’s normal street standards of a 26-
   feet-wide, paved surface with a 50-foot right-of-way width. The applicant is proposing a 24-
   foot-wide paved surface with a 40-foot right-of-way.

   The applicant has worked closely with staff on the public cul-de-sac design. The plat shows
   50-foot right-of-way and 100-foot-wide cul-de-sac. The applicant intends to reduce the above
   mentioned dimensions to 90 and 40 feet. The engineering department finds these dimensions
   to be acceptable in the context of reducing impervious surface and protecting trees on the
   site.

   Building Setbacks

   With the exception of the requested variance for Lot 3, the setbacks for the homes would
   comply with the PUD ordinance. The applicant is requesting 25-foot, front yard setbacks for
   homes along the new public street in order to enlarge the conservation protection areas in the
Meeting of April 25, 2005                                                                   Page 14
Subject: Linner Woods Plat, 1908 Linner Road


   rear yards by moving the homes closer to the street to preserve trees on the perimeter of the
   site. The front yard setbacks would be 35 feet from Linner Road, and side yard setbacks
   would be 10 feet, consistent with the PUD regulations.

   The following are the required setbacks for each lot:


                         PUD SETBACK REQUIREMENTS

                           Lot 1      Lot 2      Lot 3       Lot 4          Lot 5          Lot 6

     Front yard
        Linner Road       35 feet    35 feet   35 feet         -              -              -
        Linner Ridge         -          -      25 feet*        -              -              -
        New street           -          -      35 feet      25 feet        25 feet        25 feet

     Side yard
        North side        45 feet    10 feet    10 feet        -           10 feet        10 feet
        South side        10 feet    10 feet       -           -           10 feet       15 feet**
         East side           -          -          -        10 feet           -
         West side           -          -          -        10 feet           -
                                                            Established    Established    Established
                                                                by             by             by
     Rear yard            32 feet    32 feet       -       conservation   conservation   conservation
                                                             easement       easement       easement

    * Requires Variance
     ** Required perimeter setback

Traffic/Access

   Access to the site would be from Linner Road, Linner Ridge, and the proposed new street off
   Linner Ridge. (See page A15.) Staff recommends that the garage on Lot 1 be located on the
   south side of the new home so it would line up with the garage across the street.

   As demonstrated on pages A30–A37, when the property to the south developed, right-of-way
   was taken to the north lot line to serve future subdivision of the subject property.

Construction Management

   Construction trucks would be prohibited from parking on Linner Road or Linner Ridge. The
   applicant has indicated that all construction vehicles would be parked within the site. The
   street and building pads would be rough graded, and construction vehicles could park in
   those areas during construction.
Meeting of April 25, 2005                                                              Page 15
Subject: Linner Woods Plat, 1908 Linner Road


Grading

   Each home site would be custom graded at the time of building construction. The majority of
   the grading would be for the installation of the streets and utilities. Very little grading would
   be required for the lots on Linner Road.

Drainage

    Existing drainage patterns would generally remain the same. Drainage flows from a high
    point in the southeast corner of the site to the north and west. Most of that area is proposed to
    be directed to the new street and flow into the stormsewer in Linner Ridge. Controlled roof
    drainage may be required for Lots 1, 4, 5 and 6. Roof runoff infiltration trenches or other
    methods approved by staff would be required to control drainage toward the steep slopes.

    Drainage from the site would not affect adjacent properties. There would be less area
    draining to the northwest. The city engineer has reviewed the plans and found them to be
    acceptable.

Utilities

    Utilities are available to the site from Linner Ridge and Linner Road.

Hard Surface Coverage & Floor Area Ratio

   Section 300.22.3.(f) states that the hard surface coverage and floor area ratio each shall not
   exceed 50 percent of the total site area. Allowing 7,000 square feet of floor area for each
   home, the floor area ratio would be 22 percent. For the hard surface coverage, 6,000 square
   feet of lot coverage was allowed for each site (building and driveway); and 4,500 square feet
   for the proposed street was calculated for a total of 21 percent of hard surface coverage for
   the site. A condition of approval would be that the floor area ratio and impervious surface
   coverage of the site each must not exceed 50 percent.

Conservation Easements

   The applicant is proposing conservation easements over the mature trees that are to be
   preserved on the west and north sides of the development. (See page A15.) The conservation
   easement would be 60 percent of the total site area.
Meeting of April 25, 2005                                                              Page 16
Subject: Linner Woods Plat, 1908 Linner Road


PUD and Plat Compliance Table

                                           Proposed                           City Standard
 Rear Yard Setback                      20% of lot depth                      20% of lot depth
 Front Yard Setback                           25 feet                             25 feet
 (internal street)
 Side Yard                                    10 feet                             10 feet
 Setback to Linner Road                       35 feet                             35 feet
 Lot size (PUD)                      15097 – 60,615 square feet              15,000 square feet
 Lot width at setback                        90+ feet                             90 feet
 Floor area ratio                              22%                                 50%
 Hard surface coverage                         21%                                 50%
 Right-of-way                                40 feet*                             50 feet
 Paved surface (street)                      24 feet*                             26 feet
 Cul-de-sac length                           135 feet                             500 feet
*       Reduced for the purpose of preserving the site’s natural features

Neighborhood Comments

      We surveyed the property owners within 400 feet of this site. We received 17 replies as
      follows:

                        0          0              1             5              13
                    Strongly   Somewhat                      Somewhat       Strongly
                    Support     Support       Neutral         Oppose        Oppose

      In favor:

        None.

      Opposed:

        Construction traffic and parking should be on site itself and not on the roads. They are
        not wide enough for two lanes of traffic and large vehicles parked on the side of the road.
        The Nelson project was very disruptive and dangerous on Linner Road last summer. The
        side walk should be put in on the west side of Linner to the Park. The density of this
        project will mean many more cars and children walking in the neighborhood. Currently
        we all walk on the road because there are no sidewalks. What are the street setback and
        side setbacks? Are they the same as existing lots? (1934 Linner Road)
Meeting of April 25, 2005                                                              Page 17
Subject: Linner Woods Plat, 1908 Linner Road



      “Our major concern would be with the safety on Linner Road. Linner Road is heavily
      used by walkers, joggers, and bikers. Vision is also obscured due to the changes in
      elevation in the area of the proposed housing. I don’t think it is a safe road if cars are
      parked in that part of Linner. It also doesn’t look like the three houses on Linner will
      have turn-around driveways. This would be a concern if cars will be trying to back out
      onto Linner. I believe that every house on Linner, from the park north, has had to put in a
      turnaround on their property. Wouldn’t it make more sense to access all 5-6 new houses
      from the new proposed street? Also, the three proposed houses on Linner appear close
      together and close to the street, will they maintain the feel of the neighborhood.” (1900
      Deer Hill Court.)

      “Houses on Linner Road look to close together for feel of the neighborhood. Lots also
      look small for size and value of housing going in.” (No address given.)

      “I am concerned with the proposed driveway arrangement onto Linner Road and the
      overall traffic impact of adding six homes. The ‘average’ home in the neighborhood has
      three cars. Multiply the homes times the number of cars times the usual number of trips
      per day—and we have a significant safety and traffic issue. The speed on Linner Road is
      excessive already—unless changes are made, including traffic signs, lights or speed
      bumps, the addition of these homes (and their vehicles) is questionable. It will aggravate
      current problems in the neighborhood. Three-four homes would be a potential solution.
      ?? improved traffic management. We need to keep the neighborhood and access to the
      parks safe for walkers, runners bikers, ?. Add a sidewalk to this section of property also.”
      (14925 Pondview Circle.)

      “Additional driveways with access onto Linner Road will generate too much traffic on
      Linner.” (No address given.)

      “How many more woods can we afford to destroy? Soon our neighbor will be mistaken
      for St. Louis Park.” (15100 Tammerlane.)

      “Has an environmental impact study been completed? If not, will there be one? Besides
      the destruction of the last remaining wildlife habitat in the area---the reason many of us
      purchased homes here---there is no designation on any map of the creek that runs
      between properties on the north of Holdridge Drive. This creek serves as nesting grounds
      for migratory ducks, geese, swan, etc. I feel strongly that not enough conservation area
      has been designated between the proposed development and the creek. The builder may
      have agreed to spare a certain number of old growth trees, but it appears as though these
      will be on lots that will be sold. There is no guarantee that new owners will not cut these
      trees. There is also no guarantee that new owners will not use poisonous chemicals (in
      pursuit of the perfect lawn) that will run into and pollute the creek, potentially killing the
      wildlife. I strongly suggest a larger conservation easement” (15219 Holdridge Drive.)
Meeting of April 25, 2005                                                           Page 18
Subject: Linner Woods Plat, 1908 Linner Road


      “This is too many homes on the property—three big houses on the Linner Road are too
      many. I understand they will be 6,000 s.f. very big---no driveways to turn around in and
      too close to the road. (Where does the trail or sidewalk that supposed to go on this
      roadway go?) Not on the east side. We have all lost property and property stakes and will
      never get that back. It looks like these homes will be backing out onto Linner. Bad
      judgement. I do not go along with this plan. I believe 4 houses with two on Linner Road
      and maybe 3 on the back side of the cul-de-sac are more than enough. With a total of 5
      houses. What happened to ½ acre lots per house? Did it change just for developers?” (No
      address given.)

      “Despite the compliance with the proposed PUD zoning, the non-proportional use of the
      tract (due to the rear of the property being sloped) forces all the homes towards Linner
      Road. The result will be large, we assume 4,000+ homes about 20 feet apart facing
      Linner Road, which is at odds with the rest of the neighborhood. Combine this with the
      identical setback of the three homes facing Linner Road and the effect will be much like a
      housing tract. We would like to see an option with five homes rather than six and perhaps
      not all facing Linner Road. Can you provide information on exactly how much of the five
      acres is actually usable as home foot print and yard space? It appears to be less than two
      thirds of the proposed five acres.” (45000 Tammerlane)

      “When we recently had an issue regarding property use in our neighborhood, we were
      advised that the City of Minnetonka has a zoning ordinance and plan and follows them.
      We ask you to be consistent and follow your plan. Do not change the zoning. Squeezing
      three houses onto the Linner Road frontage is not a good thing for the neighborhood.”
      (1709 Pondview Terrace)

      “After putting up with the construction, traffic, vehicle parking on Linner Road, and
      restricted access to my house that was associated with the Carlson home construction, I
      am not excited about starting another project. Please tell me what steps are being taken to
      insure this does not happen again.” (14888 Pondview Circle)

      “I know what a desirable location this is for upscale homes. But, with all the building
      (and this isn’t the only development at the moment) we are losing our character of woods,
      marsh, and wildlife. Enough!” (No address given)

      “I am strongly opposed to the Linner Woods development. Over the (37½) years that
      we’ve lived in the neighborhood the trend has been conservation, holding to the overall
      country charm that the area has taken on. Covenants and restrictions were put in place on
      prior projects to keep this general practice in mind, ours being one of those. The frontage
      of three homes on Linner Road is such a restricted area, giving the owner all feel of a
      high density city development. We hope that the city’s planning department will take into
      consideration the overall development that has taken place over the years and not break
      from that tradition. Thanks for your overall concern in this matter.” (1818 Linner Road)

      “A rezoning of this nature seems to dilute the existing single home per lot neighborhood.
Meeting of April 25, 2005                                                                  Page 19
Subject: Linner Woods Plat, 1908 Linner Road


      The existing house already seems to be too close to the road (Linner Road). And now
      based on this proposal there will be three houses in the same place. Also, the people who
      purchased homes in the neighborhood around this property obviously did not anticipate
      the city allowing a rezoning like this, which would include a road being built in their
      backyard. I would suggest you pay attention to the property owners who this proposal
      buttresses up again. I think two to three houses in this space with normal setbacks may
      make a whole lot more sense.” (15110 Tammer Lane)

      “The intersection of Pondview Terrace and Linner Road is very dangerous for persons
      making a right turn onto Linner Road (to go north to Highway 394) because the visibility
      of cars and trucks coming down Linner Road (from the South) is partially blocked by the
      foliage of large trees during the summer and fall months. Therefore, the greater the
      amount of traffic coming down Linner Road from the South, the more dangerous that
      intersection becomes. The proposed development would add some approximately 12
      more vehicles each morning if we assume each of the six homes will generate two cars
      each, and assuming that the destination of those cars is Highway 394. If the development
      goes forward, is there any way the traffic added as a result of the new houses could
      somehow be directed to Stone Road and out that way?” (14840 Pondview Circle)

      “The traffic into and out of this neighborhood is already heavy! Adding six more homes
      just adds to the burden of the roads. The road at this particular location is difficult with
      the hills and valleys. It is especially difficult to walkers, bike riders, strollers, etc. I hate
      to think of the difficulty trying to safely pass through that area with more homes and
      driveways! Also, the construction traffic recently has been outrageous for one house. I
      dare to think about the hassles with more! Please don’t build six houses, try one.” (1926
      Deer Hill Court)

    General comments:

      If the homes are to be comparable to those built by the developer on the Groveland Place
      development, I would agree with the proposal. As our property at 15021 Tammer Lane
      backs directly up to this property, there are several important considerations that I would
      request the commission require!!! 1) As there is a steep grade that drops down to our
      property please require that all roof drainage be directed to the street drains, NOT to the
      hill behind the proposed homes!! If this is not “required” there will be heavy erosion to
      the backhill on to our property. 2) That existing down trees be removed NOT pushed
      down the hill and left in a pile. 3) that appropriate “permanent” soil erosion protection be
      provided by the developer. NOT permanent ? construction erosion fencing! Something
      not ? attractive!!” (15021 Tammerlane.)

      “We think the lots on Linner Road are too small. Three lots seem much smaller than the
      surrounding homes. Two lots would be more like our neighborhood. We could somewhat
      support this project if there were two total lots instead of six.” (15001 Linner Ridge)

      “We are adjacent to the property on the south side of Linner Ridge. We are not opposed
Meeting of April 25, 2005                                                         Page 20
Subject: Linner Woods Plat, 1908 Linner Road


      to the project as we know it was only a matter of time before the property was developed.
      Our only concern is the proximity of the house that would be on the north. Our deck and
      porch face that way and we would not like to see another deck within sight. Also, we
      would like the large basswood tree just inside the property be trimmed or removed. The
      branches are as large as most trees and we have always been concerned about it coming
      down on our house.” (15121 Linner Ridge)

Deadline for a city decision:      July 11, 2005
                            City Council Agenda Item #14C
                               Meeting of April 25, 2005


Brief Description:                MERIT Organizational Component.

Recommended Action:               None required.


Background

As part of the city of Minnetonka’s MERIT compensation system, a three-tiered program
is used to measure performance at the organizational (city), departmental and individual
levels. This organizational evaluation provides feedback about our collective
performance as a city government.




                                                   City

                                       Department



                               Individual




Everyone needs to know how they are doing, both individually and as a team. Just like
individual employees, the overall city team needs to know what we are doing well, and
what areas we need to concentrate on to do our jobs better. The focus of the citywide
component is on the city’s seven strategic goals, which means that staff is evaluated on
how well we meet the values of the community, as established by the city council.

For each strategic goal, the city council rates our performance with a weight of one-third
of the total grade for that goal. The remaining two-thirds of the grade consists of a
combination of items: feedback from the applicable advisory board/commission,
neighborhood block captains, or outside groups (League of Minnesota Cities,
Association of Metropolitan Municipalities, Municipal Legislative Commission, and Met
Council); results from the community survey; employee feedback; and where
appropriate, objective measures.
Meeting of April 25, 2005                                                            Page 2
Subject: Organizational MERIT



The organizational component uses a grading scale in which 4.0 = A. Council and
board ratings average the actual letter grades assigned by members. Community
survey ratings are based on a similar letter and numerical grading scale assigned to our
citizens’ excellent/good/fair/poor ratings. Because it relates to our overall performance,
the community survey’s Quality of Life question is included as an eighth “goal” in the
citywide evaluation.

The combined grades for each strategic goal are then averaged to obtain the final
overall organizational grade.

Results

Minnetonka traditionally receives very high grades for performance in achieving each of
our strategic goals, and this year is no exception.


                                     City        Advisory      Survey/
    Goal                            Council       Boards        Other       Combined

    Natural environment                A            A             A-            A
    Public safety                      A            A             A-            A
    Transportation                     A            A-            A-            A-
    Development                        A            A-            A-            A-
    Building community                 A            A             A-            A
    Public services                    A            A             A-            A
    Organizational excellence          A            A             A-            A
    Quality of life                                               A             A
       Overall Grade                                                            A



   •   Natural environment (A). This grade improved from last year’s overall rating of
       A- to A. Residents continued to increase their excellent ratings on the city’s
       efforts to protect wetlands, ponds, streams and forested areas. There was a
       diversity of opinions by the city council and park board regarding improving water
       resources and woodlands. The council had high satisfaction ratings with the open
       space preservation and park renewal goals. Three of four residents rated the
       park renewal process as excellent or good, although there were fewer excellent
       ratings compared to last year. This may be reflective of the construction delays in
       several park renewal projects in the past year. The community ratings on trail
       maintenance declined slightly. To address this, staff will be conducting an
       inventory of the trail system, identifying gaps and maintenance deficiencies,
       improving directional signage, and updating the trail map to be more user-
       friendly. In recognition of our aging trail system, a new item in next year’s Capital
Meeting of April 25, 2005                                                          Page 3
Subject: Organizational MERIT



       Improvements Program (CIP) will earmark funding for trail reconstruction
       projects.

   •   Public Safety (A). Consistent with previous years, public safety rates a solid A.
       Residents continue to feel very safe in Minnetonka, with 86% indicating there are
       no areas in the city where they feel unsafe. Police protection continues its high
       ratings, with 9 of 10 residents rating services as excellent or good. This is
       particularly noteworthy since many police interactions are for enforcement
       purposes. Of those having an opinion on the fire service, 100% rated them as
       excellent or good. Residential speeding continues to be a concern, with 60% still
       noting that speeding is either very or somewhat serious.

   •   Transportation (A-). The overall grade for this goal remained at A-, likely a
       reflection of the public’s continuing frustration with the current state of
       transportation. This year, our outside rating groups were less optimistic about the
       city’s ability to meet local and regional transportation needs through leadership
       and collaboration (grades ranging from A to B). The council also had a range of
       opinion on the city’s achievements on enhancing resident and business mobility,
       grading from A+ to B. On a more positive note, nine of ten residents surveyed
       rated snow plowing as excellent or good, an increase over last year. Responses
       on pavement repair and patching were very consistent with last year’s ratings,
       with 63% rating excellent or good. Although lower than most categories, this
       score is notably higher when compared to other metro cities. Staff plans to
       recommend increased funding for street reconstruction in the CIP to address the
       community’s concerns.

   •   Development (A-). Although recent development projects have been
       controversial, nearly 75% of residents surveyed feel the city is doing the right
       amount to protect the environment. About 85% of those with an opinion feel the
       city is successful in balancing the rights of individual property owners to develop
       their properties with the interests of the wider community. However, based on
       the array of responses by the city council, planning commission and EDA,
       increasing environmental protections, providing affordable housing, and shaping
       redevelopment will continue to be at the forefront of community planning policy
       discussions.

   •   Building Community (A). The city council and the vast majority of advisory
       board members continue to rate city communications very highly. As in previous
       years, the community has high recognition and approval of the city’s publications
       (Minnetonka MEMO and recreation program brochure). Web site ratings are
       rising, although there is room for improvement on navigability. This is currently
       being addressed as staff evaluates and upgrades the web site over the next
       year. There is a noticeable decrease in the number of residents surveyed who
       feel they have appropriate opportunities for input in the zoning and development
Meeting of April 25, 2005                                                           Page 4
Subject: Organizational MERIT



       decision making process (two of three this year compared to three of four last
       year). This is likely due to the number of controversial projects over the past
       year. Ratings of recreation and senior services by the community have remained
       relatively stable, with those with an opinion rating these services as excellent or
       good 97% and 93% respectively.

   •   Public Services (A). Over 83% of residents consider the general value of city
       services as excellent or good, with more rating this as excellent than the last two
       years. Indicators and opinion alike reflect a solid A for managing for the long
       term, with the city council once again feeling especially confident with its A+
       rating. Continuing an upward trend, substantially more residents rate customer
       service as excellent this year, and the council and advisory board ratings support
       this. This is directly attributable to staff’s concerted efforts in the past several
       years to improve in this area. The grades from the council, advisory boards and
       neighborhood block captains for promoting innovative service delivery ranged
       from A+ to C+, indicating significant differences in how individuals perceive
       accomplishment of this.

   •   Organizational Excellence (A). With a solid A rating, the city council and
       outside groups agree that city employees set the high standard that others strive
       to emulate. This year, employees were surveyed regarding organizational
       excellence and were tougher graders than the council. Although there was a
       wide range of opinions by employees, about three-fourths awarded A+ or A to the
       city as a great place to work. With regard to doing the right thing at the right time
       for the right reason, 70% rated the city’s efforts as A+ or A. The highest rated
       shared value by employees was Outcome Focused Teamwork, followed closely
       by Adaptable Learning & Innovation and Healthy Human Relationships. The
       value where most improvement is needed is Authentic Communication.

   •   Quality of life (A). Minnetonka consistently ranks very highly for its quality of
       life, and the unchanged grade of A from last year reflects this. In many ways,
       this overall rating is reflective of our efforts to both maintain and contribute
       toward improvements in our community. Fully 97% of our citizens rate their
       quality of life in Minnetonka as either excellent or good.

Performance Award

Combined ratings of each of the seven strategic goals and the Quality of Life rating
result in an overall organizational grade of A for this year, consistent with last year’s
grade. Our actual “grade point average” is 3.898, slightly higher than last year. This
final grade is the basis for the organizational component award in the city’s three-tiered
performance program of the MERIT system.
Meeting of April 25, 2005                                                          Page 5
Subject: Organizational MERIT



Similar to the departmental component, the organizational lump sum award is prorated
based on the actual percentage grade point average. For this year, the city’s grade of
3.898 is 97.5% of 4.0. This percentage is applied to the maximum dollars dedicated to
this component.

Nonunion personnel and police sergeants receive an award of $487.50 (which is 97.5%
of the maximum award of $500). Police officers and public works employees receive a
prorated amount of the $100 maximum as negotiated in their respective labor
agreements with the city, or $97.50.

All full-time non-probationary employees who were employed by the city in 2004, and
were still employed as of April 1, 2005, will receive a lump sum payment as noted.
These amounts will be pro-rated for our regular (permanent) part-time employees and
for those eligible employees who did not work for the city during the entire year in 2004.

This performance pay amount is a symbolic recognition of the exceptional performance
of the approximately 220 out of 228 city employees who currently participate in this
program. We appreciate the city council’s continuing support of the MERIT system
philosophy, and our belief in recognizing exceptional performance.

Submitted through:
      John Gunyou, City Manager

Originated by:
       Geralyn R. Barone, Assistant City Manager
                         MERIT Organizational Component
                        Council & Boards Survey Results, April 2005
                        (Overall grades include community survey results)



GOAL                            A+ A       A-   B+   B    B-    C+   C      Score Grade
                                                                            3.923   A
NATURAL ENVIRONMENT
Improve our water resources &
woodlands
                                                                            3.821   A-
   City Council                  2    2     2    1                          3.904   A
   Park Board                         3     1                               3.918   A
   Community survey                                                         3.641   A-
Facilitate open space
preservation
                                                                            4.004   A
   City Council                  3    3     1                               4.094   A
   Park Board                         4                                     4.000   A
   Community survey                                                         3.918   A
Renew and sustain our parks                                                 4.006   A
   City Council                  4    2     1                               4.141   A
   Park Board                    1    3                                     4.083   A
   Community survey                                                         3.793   A-
Expand & maintain our trail
system
                                                                            3.863   A
  City Council                   3    2     1    1                          3.999   A
  Park Board                          2     1    1                          3.750   A-
  Community survey                                                          3.839   A
PUBLIC SAFETY                                                               3.996   A
Foster community involvement
& individual responsibility
                                                                            3.880   A
   City Council                  2    3     2                               4.000   A
   Police Advisory Comm.              3          1                          3.833   A-
   Nghbrhd. Block Captains       5    8     8    4         1                3.808   A-
Enhance personal and
business safety
                                                                            4.004   A
   City Council                  5     2                                    4.236   A+
   Police Advisory Comm.         1     3                                    4.083   A
   Nghbrhd. Block Captains       5    10    7    4                          3.872   A
   Community survey                                                         3.800   A-
Ensure hometown security by
collaborating with others
                                                                            4.102   A
  City Council                   4    2     1                               4.141   A
  Police Advisory Comm.          1    3                                     4.083   A
TRANSPORTATION                                                              3.672   A-
Enhance resident & business
mobility
                                                                            3.834   A
   City Council                  1    3     2    1                          3.857   A
   Community survey                                                         3.822   A-
GOAL                              A+ A    A-   B+   B   B-   C+   C   Score Grade
Meet local & regional needs
through leadership &                                                  3.651   A-
collaboration
   City Council                   2   2   3                           3.953   A
   LMC, AMM, MLC, MC                  1   1    1    1                 3.500   A-
Optimize infrastructure
investments
                                                                      3.530   A-
  City Council                    1   4   2                           3.953   A
  Community survey                                                    3.319   B+
DEVELOPMENT                                                           3.747   A-
Guide development to achieve
our community vision
                                                                      3.800   A
   City Council                   2   2   2    1                      3.904   A
   Planning Commission                2   1                           3.890   A
   Community survey                                                   3.605   A-
Balance individual property
rights with the public interest
                                                                      3.846   A
   City Council                   3   2   1    1                      3.999   A
   Planning Commission            1       1    1                      3.777   A
   Community survey                                                   3.762   A-
Increase the availability of
affordable and lifecycle                                              3.698   A-
housing
   City Council                   3   2   2                           4.047   A
   Planning Commission            1   1             1                 3.777   A-
   EDA                                    1    4    1                 3.332   B+
   Community survey                                                   3.493   B+
Actively shape redevelopment
to meet community interests
                                                                      3.643   A-
  City Council                    1   2   2    2                      3.761   A-
  Planning Commission                 2   1                           3.890   A
  EDA                                 1        3    1   1             3.277   B+
BUILDING COMMUNITY                                                    3.900   A
Foster open communication
with the community
                                                                      3.915   A
   City Council                   2   5                               4.094   A
   Park Board                         2        1    1                 3.583   A-
   Planning Commission            1   2                               4.110   A
   EDA                            1   2   2    1                      3.833   A-
   Senior Advisory Board          4   5   1         1                 3.999   A
   Heritage Comm.                     2   2                           3.835   A
   Police Advisory Comm.          1   1   2                           3.918   A
   Nghbrhd Block Captains         4   9   8    4        1             3.795   A-
   Community survey                                                   3.782   A-
Promote activities that
encourage understanding &                                             3.897   A
involvement
   City Council                   2   3   2                           4.000   A
GOAL                              A+ A     A-   B+   B   B-   C+   C   Score Grade
  Park Board                       1        2    1                     3.750   A-
  Senior Advisory Board            4  5          1   1                 3.968   A
  Heritage Comm.                      3          1                     3.833   A-
  Community survey                                                     3.842   A
Play a leading role in local,
metro & national partnerships
                                                                       3.992   A
   City Council                   4   2    1                           4.141   A
   LMC, AMM, MLC, MC              1   1    2                           3.918   A
Embrace our proud past,
cultural heritage & growing                                            3.794   A-
diversity
  City Council                    3   2    2                           4.047   A
  Heritage Comm.                  1        2         1                 3.668   A-
PUBLIC SERVICES                                                        3.954   A
Provide value: quality services
at a reasonable price
                                                                       3.876   A
   City Council                   3    3   1                           4.094   A
   Park Board                          3   1                           3.918   A
   Planning Commission            1    1   1                           4.000   A
   EDA                                 5   1                           3.945   A
   Senior Advisory Board          4    3   3         1                 3.939   A
   Heritage Comm.                      3   1                           3.918   A
   Police Advisory Comm.               3                 1             3.668   A-
   Nghbrhd Block Captains         2   11   7    5        1             3.757   A-
   Community survey                                                    3.657   A-
Manage for the long term                                               4.067   A
   City Council                   4    3                               4.189   A+
   Park Board                          3        1                      3.833   A-
   Planning Commission            1    1   1                           4.000   A
   EDA                            2    2   2                           4.000   A
   Senior Advisory Board          5    4   1         1                 4.029   A
   Heritage Comm.                 1    2             1                 3.833   A-
   Police Advisory Comm.          1    2             1                 3.833   A-
   Nghbrhd Block Captains         2   12   6    5    1                 3.782   A-
   Bond rating, GFOA, tax rate                                         4.110   A
Provide excellent customer
service
                                                                       4.002   A
   City Council                   5    2                               4.236   A+
   Park Board                          2   1         1                 3.668   A-
   Planning Commission            1    1   1                           4.000   A
   EDA                            1    5                               4.055   A
   Senior Advisory Board          4    4   2    1                      3.999   A
   Heritage Comm.                      1   3                           3.753   A-
   Police Advisory Comm.          1    2   1                           4.000   A
   Nghbrhd Block Captains         2   12   7    5        2             3.808   A-
 GOAL                              A+ A         A-    B+    B     B-    C+    C     Score Grade
   Community survey                                                                 3.872   A
 Promote innovative service
 delivery
                                                                                    3.870   A
   City Council                    3      4                                         4.141   A
   Park Board                             1     1           1           1           3.250   B+
   Planning Commission             1      1           1                             3.887   A
   EDA                             1      4     1                                   4.000   A
   Senior Advisory Board           1      6     2     1     1                       3.818   A-
   Heritage Comm.                         1     1     2                             3.583   A-
   Police Advisory Comm.           1            3                                   3.835   A
   Nghbrhd Block Captains          2     11     7     5     1                       3.769   A-
 ORGANIZATIONAL
                                                                                    3.879   A
 EXCELLENCE
 Set the high standard that
 others emulate
                                                                                    3.942   A
    City Council                   2      4     1                                   4.047   A
    LMC, AMM, MLC, MC                     2     1                                   3.890   A
 Provide a great place to work                                                      3.941   A
    City Council                   3      4                                         4.141   A
    Employees                      56    50     13    9     9     3     3     7     3.841   A
 Live our shared values                                                             3.841   A
    City Council                   3      4                                         4.141   A
    Employees*                     797   1033   542   316   232   114   131   147   3.691   A-
 Do the right thing at the right
 time for the right reason
                                                                                    3.790   A-
    City Council                   2      5                                         4.094   A
    Employees                      32    45     29    12    13    4     8     8     3.638   A-


*Multiple questions
                           City Council Agenda Item #15A
                              Meeting of April 25, 2005


Brief Description:        Appointment to the planning commission.

Recommended Action:       Approve the recommended appointment.


Background

There is one opening on the planning commission due to Michele Periolat’s resignation.
At the April 11th special study session, the city council interviewed Sarah Frisque.

Following the interview, Mayor Anderson met with Sarah Frisque regarding the opening
and Sarah expressed a willingness to dedicate the time and energy necessary to be a
contributing member of the commission.

An updated roster showing the composition of the planning commission following this
appointment is attached.

Recommendation

To approve the appointment of Sarah Frisque, 5809 High Park Drive, to the planning
commission to serve the remainder of a two-year term, effective April 25, 2005 and
expiring on January 31, 2006.

Submitted through:
      Karen J. Anderson, Mayor
      John Gunyou, City Manager

Originated by:
       Karen Telega, Administrative Assistant
                                        Planning Commission
                                                     Current Members
 The planning commission assists and advises the city council in administration of the City Zoning Ordinance; conducts
 public hearings on matters as required by provisions of the zoning ordinance, subdivision ordinance, and any other matters
 referred by the council or by ordinance. Following the required public hearings, the planning commission makes its reports
 and recommendations to the city council and city manager. This commission is comprised of seven members who serve
 two-year terms. The meetings are generally held Thursday nights, twice a month at 6:30 p.m.


    Name: Dick              Allendorf         Ward: 1                      Appointed: 01/26/2004 Term Expires:          01/31/2006

  Address: 4624 Mounthall Terrace        Comments:                        Reappointed:
            Minnetonka MN       55345                                     Reappointed:
                                                                          Reappointed:

    Name: Terri             Bonoff            Ward: 2                      Appointed: 12/15/2003 Term Expires:          01/31/2006

  Address: 3325 E. Eldorado Trail        Comments:                        Reappointed:
            Minnetonka MN       55305                                     Reappointed:
                                                                          Reappointed:
    Name: Doug              Britain           Ward: 3                      Appointed: 02/01/2003 Term Expires:          01/31/2007

  Address: 1527 Clarendon Drive          Comments:                        Reappointed: 01/03/2005
            Minnetonka MN       55391                                     Reappointed:
                                                                          Reappointed:
    Name: John              Cheleen           Ward: 3                      Appointed: 02/14/2005 Term Expires:          01/31/2007

  Address: 17482 Sanctuary Dr.           Comments:                        Reappointed:
           Minnetonka MN 55391                                            Reappointed:
                                                                          Reappointed:

    Name: Michael           Dahl              Ward: 3                      Appointed: 03/07/2005 Term Expires:          01/31/2007

  Address: 16825 Blenheim Way            Comments:                        Reappointed:
            Minnetonka MN       55345                                     Reappointed:
                                                                          Reappointed:

    Name: Sarah             Frisque           Ward: 4                      Appointed: 04/25/2005 Term Expires:          01/31/2006

  Address: 5809 High Park Drive          Comments:                        Reappointed:
           Minnetonka MN 55345                                            Reappointed:
                                                                          Reappointed:
    Name: Sandal            Hart              Ward: 1                      Appointed: 10/01/2002 Term Expires:          01/31/2006

  Address: 5450 Sanibel Drive            Comments:                        Reappointed: 01/26/2004
            Minnetonka MN       55343                                     Reappointed:
                                                                          Reappointed:

Other Commission Members:
Geoff Olson - City of Minnetonka Staff Liaison Ph# 939-8296




Tuesday, April 19, 2005                                                                                                Page 1 of 1

				
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