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111202 CC Reg AgP , J~ CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 12, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Garfunkel Lizee Zerby_ Turgeon _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 28, 2002 (Att.-#2A Minutes) B. Canvassing Board Meeting Minutes, November 6, 2002 (Att.-#2B Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: . Give the public an opportunity to request an item be removed from the Consent Agenda. . Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.-#3A Claims List) B. December Council Meeting Schedule (Att.-#3B Administrator's memorandum) C. Approval of an Ordinance Amending the Lawn Fertilizer Application Ordinance (Att.#3C Deputy Clerk's memorandum) D. Approval of Change Order for the State Highways 7 & 41 Intersection Project (Att.-#3D Public Works Director's memorandum) E. Approval of a Resolution Changing the Fee Schedule for Dog Licenses (Att.-#3E Resolution) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) S. PRESENTATIONS A. Presentation by Gregory DeJute on Gideon Marker Rehabilitation (Att.-#6A Administrator's memorandum) N <:> <:> N ~ 1""'4 r. Go) -a ~ ~ I -< ~ ~ -< ~ JoooC UN ~~ 8N ~ES 'JoooC< U~ ,J ~ .~ ~ <I) e ~ E 1:: o ~ I ~ ~ ~ ~ 1.0 r.: bil 'E Q) S - .~ o U C U C"l o o C"l 00 C"l ~ '2 o o Q) oS ! "'d Q) a .~ 5 o I 'i ~ ~ ..... Cf.l g ~ & ~ ~ < tS i ] ~ s <I) ~5 1tt ~ ..... s:: ! -< 00 ~ ~ '-''''d .~ tIS 8~ ~ ~ g 0 5~ ~ 's ~Cf.l ;ao la~ bl)(f"I Q)C"l l-I .... .. <I) s:: Q) 0 ;:S..... 0"1tt ~ g ....~ s:: ~ ..... <I) ~ < 00 Q) bl) tIS - - ;> "'d o o .~ Q) 5 .,s::: Cf.l I e .~ . :>....... .~ ~ ~"'d ~ ~ .s ~ 5 Q) .~ e o <I) Q) ~ es o 0 o Q) 1-1-== cSO ~rn. '. ~.!J :> 5 ~~ 0..9 0 ~ ~..... '.f!:g U .<!-I ~ ~ 0-< ~ ~~ ~ 1-1 ~ ~.cS -< ~. s:: '-' .S ~ .... ..... f;I:;l'~ 5 ~.eu ~ < Q\ rn ~ o ~ ~ c:i 'I""'l ~ .f! Cf.l o(l 5 1tt ~ ] -< 5 .~ o Q) <I) <I) Q) ~ .~ .... ..... .5] 0\ tIS -~ d~ C ~o~ Op::tIS d C Cf.l o s::.g Q)::;s- :Eo.g OU~ "":NM < - ..... ! c u o(l 5 ~ ~ ~ Q ~ ~ ~ 'I""'l CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Tuesday, 12 November 2002 A Council Work Session will immediately follow the Regular Council Meeting this evening. '.1. '< . ;:'''-'-OJ Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: The City Council has often held only one meeting in Decembers past. Staff suggests that the Council set its meeting for December 16 (third Monday) for 2002. This date will provide time for staff to prepare additional and timely items for Council business. '. Agenda Item #3C: This item is an amendment to the existing Ordinance for the Lawn Fertilizer Applicator license requirements. There are three items to be modified. The first is changing the license period from an end date of December 31 to the last day in February. This period fits better with the Applicators' service time and allows adequate time for all license documents to be provided to and processed by the City. The second is to require the Applicators provide their Certificates of Insurance with their application. The third is to remove the requirements that Applicators provide the City with copies of the product Material Safety Data Sheet (MSDS) and that their employees have a copy of the product MSDS in their possession. It does require the Applicator have possession of the product MSDS (which is already part of the State license requirement) provided to the City upon demand. Currently there are eight Commercial Lawn Fertilizer Applicator licenses in the City,. Staff recommends that Council adopt the Ordinance Amendment, as well as extend the 'end date of the current license holder's licenses from December 31, 2002, to February 28, 2003. Agenda Item #3D: Staff is recommending approval of a resolution which approves an increase to the contract for the T.H. 7 & 41 reconstruction project in the amount of $4,874.79. Agenda Item #3E: Staffhas recently performed a survey of nearby cities' dog license fees. License revenue helps to offset the costs of animal control services. The City pays over $18,000 annually for these services; dog license fees generate approximately $2,200. Staff recommends that the current $5 annual fee be increased to $10 for 2003. Notices of dog license renewals are mailed with the December newsletter. A resolution amending the City's fee schedule has been prepared for Council consideration. n t.J PRINTED ON RECYCLED PAPER Agenda Item #5A: Gregory DeJute recently did a rehabilitation of the Gideon marker (at Smithtown and Glen Roads) as his major project to reach Eagle Scout. He plans to make a brief PowerPoint presentation to the Council regarding this project. Executive Summary - City Council Meeting of 12 November, 2002 Page 2 of2 Agenda Item #7 A: At the 28 October meeting the Council continued a sign permit request for the Snyders Drug Store at the Shorewood Village Shopping Center. Approval is recommended subject to removal of one of the other wall signs (the anchor tenants are allowed three signs). Agenda Item #8A: Jerry Cutts, 23930 Smithtown Road, has made application for a license to keep two mini-donkeys. For licensing purposes, the City Code treats all horses the same, regardless of size. There is no provision in licensing for variances from performance standards, and while the applicant may appeal the City Clerk's decision, the standards in the Code are very clear. To accomplish his objective, the Code would need to be amended. If the Council believes that Mr. Cutts's situation has merit, it should direct that potential amendments to the Code be prepared. Staff suggests that this matter then be referred to the Planning Commission for its study and recommendation. . Agenda Item #9A: The City is in receipt of a petition on behalf of Mr. Stan Taube, Developer for the Shorewood Village Shopping Center (Cub Foods). The petition requests use of the public right-of-way of Minnetonka Drive and Yellowstone Trail for the purposes of an extension of municipal water service for to the Cub Foods site. In discussion with Mr. Taube, it is the intent that the watermain be installed as a private improvement project, with future dedication of the watermain to the City of Shorewood. It is also the intention that the proposed route will utilize the proposed right-of-way of the preliminary plat of Linden Hills. If the Council wishes to have this option proceed, it should direct the City Attorney to prepare a license agreement for this use of the right-of- way. . ... . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 28,2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Mayor Love called the meeting to order at 7:02 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Associate Attorney Keane, . Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. Administrator Dawson requested Item 8C, Consideration of a Temporary Gambling License for Minnewashta Elementary School be added to this evening's Agenda. Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 14,2002 Turgeon moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of October 14, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the Consent Agenda. After reviewing the Agenda, he stated City Deputy Clerk Jean Panchyshyn was in attendance to explain Item 3D and clarify the absentee ballot process to be utilized in the upcoming General Election as a result of Senator Wellstone's recent death. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 02-083, "A Resolution Approving Licenses to Sell Tobacco Products." C. Adopting RESOLUTION NO. 02-084, "A Resolution Directing Delinquent Sewer Charges, Storm Water Utility Charges, Recycling Charges, City Clean-Up Charges, Dry Hydrant Charges, and Sump Pump Charges Be Placed on the 2003 Property Tax Rolls." D. Establishing an Absentee Ballot Board for the 2002 General Election #:A1t REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 2 of8 Deputy Clerk Panchyshyn reviewed the options as they were now this evening for the absentee ballot process with regard to the supplemental election ballot. She stated voters with an absentee ballot in hand intending to vote for someone other than Paul Wellstone could follow the usual absentee ballot process. If a voter had an absentee ballot in hand and wanted to vote for the person the DFL party chose to fill Paul Wellstone's vacancy, then a voter could either use the absentee ballot and write in the name of the candidate of choice; or go to the polls on Election Day to cast a new Regular ballot, along with the supplemental ballot. Should a voter have sent in an absentee ballot with a vote for Paul Wellstone on it, and want to cast a new vote in the US Senate race, it would be necessary to go to the polls on Election Day to cast a new General Ballot and supplemental ballot. Should this occur, the absentee ballot would then be rejected. She also explained Minnesota laws prevented Election Clerks from voiding an absentee ballot and mailing a new supplemental ballot to voters. At this time,. the only way to change an absentee ballot vote already cast was to go to the polls on Election Day. She noted this issue was being reviewed by the. . Secretary of State's office to determine if other options were available for voters that had cast an absentee ballot and were not able to go to the polls on Election Day. She stated City Hall would be open for absentee voting on Saturday, November 2, from 10:00 A.M. to 3:00 P.M. and on Monday, November 4, from 8:00 A.M. to 5:00 P.M. She encouraged voters to refer to the Secretary of State's office web site through a link on the City's website for further clarification on this matter. . Council thanked Deputy Clerk Panchyshyn for her proactive work in this matter. E. Approval of a Position Description for Liquor Clerk IT F. Approval of Temporary Sign Permit Applicant: South Shore Senior Center Location: 5735 Country Club Road Zerby moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. Motion passed 5/0. 4. MATTERS FROM THE FLOOR . There were no matters from the floor presented this evening. 5. PRESENTATIONS AND REPORTS A. Report by Tad Shaw on Minnetonka Community Education and Services (MCES) activities Tad Shaw, Shorewood's representative to Minnetorika Community Education and Services Board, provided an annual report of expenditures and activities utilized in the past year with MCES. He stated he would no longer be President of the MCES Board and the honor now belonged to Ann Osbourne of Charihassen. He went on to explain a Minnetonka High School student, Greta Dolse, had been commissioned to design a piece of artwork for MCES. He then shared the commissioned artwork with Council, noting the incorporation of scenes representing each of the ten cities served by MCES. He stated he was proud of the services provided by MCES in past years, noting this program was ahead of other community education programming in other parts of the state. Council thanked him for his report, and noted the beauty of the commissioned artwork presented. REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 3 of8 B. Report by Tom Skramstad on Lake Minnetonka Conservation District (LMCD) activities Tom Skramstad, Shorewood representative to the LMCD, provided a quarterly report to Council. He reviewed the activities of the LMCD including the implementation of two high water declarations for Lake Minnetonka, discussion of a motorized watercraft amendment, water patrol deputies, solar lighting on buoys, the Milfoil Harvesting Program, zebra mussels, dock audits, deicing permits, and an update on LMCD Board appointments. Mr. Skramstad also explained further information could be gathered at the LMCD website at http://www.lmcd.org. . Mr. Skramstad questioned the status on license violations for the Shorewood Yacht Club. Attorney Keane stated an investigation had been completed and charges had been brought forward in the legal system for violations oflicensing requirements. Mr. Skramstad stated the LMCD would be conducting inspections of the Yacht Club in the near future regarding licensing requirements as well. Attorney Keane stated any anecdotal responses regarding findings of inconsistencies with conditions ofLMCD approval would be helpful in providing consistent action in this matter. Councilmember Lizee questioned the possibility of "closing" Lake Minnetonka in the event of future seasons with continued high water. Mr. Skramstad stated many options were being discussed by the LMCD regarding providing better notification to all boaters of high water declarations as well as further discussions regarding control of lake access in times of high water. Mayor Love thanked Mr. Skramstad for his report, and questioned how cities and the LMCD could work cooperatively to be supportive in regulating rules of each agency. He also suggested conditioning an operating license for marinas on compliance of both LMCD and City regulations. Mr. Skramstad stated this was a good idea, and would speak to the Executive Director ofthe LMCD about its implementation. Council thanked Mr. Skramstad for his thorough report on this matter. . C. Lake Minnetonka Communications Commission budget report by Sally Koenecke, LMCC Administrator Sally Koenecke, Administrator for the Lake Minnetonka Communications Commission, presented CounciLwiththe propose~tYear. 2003budget.Shebriefly reviewed the historical member participation in the Commission and then reviewed Shorewood's portion of the budget for the upcoming year. She stated the LMCC had worked aggressively with Mediacom in the past year to remedy areas of complaint and concern regarding the operating franchise agreement, and issues had been resolved in the last month. She also reviewed plans for a remote production truck recently purchased by the LMCC, and asked community members to keep the use of the remote truck in mind for coverage of community events. Council thanked Ms. Koenecke for her presentation of the proposed 2003 budget. Zerby moved, Garfunkel seconded, Approving the Proposed 2003 Budget for the Lake Minnetonka Communications Commission. Motion passed 5/0. 6. PARKS A. Report on Park Commission Open House Held October 22, 2002 REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 4 of 8 Engineer Brown reported on the Park Commission Open House Meeting held on October 22, 2002. He stated the purpose of the meeting was to gather public input regarding the Parks Master Plan and trails within the City. He stated the information discussed at the meeting with the eight residents in attendance centered on issues of traffic speed near the parks. Overall, he stated the meeting was useful, and information gathered would be incorporated into the Parks Master Plan. Engineer Brown stated specific issues related to speeding vehicles near certain park entrances as well as concerns for traffic congestion at the Smithtown Road/Country Club Road intersection. 7. PLANNING Commissioner Gagne reported on matters considered and actions taken at the October 15, 2002, Planning Commission. Meeting (as detailed in the minutes. of that meeting). A. Sign Permit Request Applicant: Snyder Drug Store Location: 23620 Highway 7 . Director Nielsen stated this matter had been continued from the October 14,2002, Regular City Council meeting pending clarification of design issues. He went on to explain submitted designs had contained an error, and the design company had submitted a revised plan showing the new wall sign installed within the established signage band on the building. He also noted anchor tenants, such as Snyder's, were allowed three signs. Approval of the sign permit was recommended subject to removal of either the large, west-facing pharmacy sign or the smaller one-hour photo sign. Kevin Snyder, with Signart, stated the original application was applied for as two signs. He further explained the original application included "Snyder Pharmacy" and "One Hour Photo" as one sign, with a second sign containing the word "Snyder's" in large script lettering. Discussion ensued between Council, Staff, and Mr. Snyder regarding the definition of one sign as part of the original application. Director Nielsen stated this matter could be continued in order for Staff to research the matter. Without objection from Council, Mayor Love requested the matter be continued to the November 12, 2002, Regular City Council Meeting in order for a full report to be prepared. . Dave Hunter, of Snyder's Drug Stores, stated he would not llk:e to seethe matter continued, as confusion for customers entering the store was currently a problem. He also stated he would be willing to make concessions to keep the "One Hour Photo" sign as it was a large part of the business. Mayor Love thanked Mr. Snyder and Mr. Hunter for their comments pertaining to this matter, and noted more information would be available at the November 12,2002, Regular City Council Meeting. 8. GENERAL A. Request from BFI regarding refuse pick-up date on the Islands Director Nielsen stated implementation of the newly established City ordinance regarding refuse collection and recycling taking place on the same day for all Shorewood residents had transitioned smoothly with one exception. He went on to explain the refuse collection company, BFI, Inc., had not received notice of the October 1,2002, implementation deadline for Wednesday pick-up (Thursdays for . . REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 5 of8 the Shady and Enchanted Islands). In mid-September of this year, Staff allowed an extension ofthis deadline to November 1, 2002, provided BFI would send letters to their Shorewood customers explaining the situation. BFI also recently purchased the refuse collection company, Blackowiak & Sons, Inc., which allowed all accounts on Shady and Enchanted Islands. Unfortunately, BFI recently announced to their Shorewood Island residents that they would be switching to Mondays for refuse collection. Dan Jurik, BFI Operations Manager, had now requested that Shorewood allow refuse to be picked up on the Islands on a different day than recycling. The City's new ordinance specifically stated refuse collection would take place on Shady and Enchanted Islands on the same day as recycling collection "unless otherwise authorized by the City Council." ill support of their request, BFI conducted a telephone survey of their Islandcustomers. Thirty.-six customers responded with mixed results. Results of the telephone. survey were. shared with Council. Director Nielsen also stated Staff had contacted the recycling company to see if any options were available for changing the recycling day. Due to the size of its service area and number of customers, it was unable to make changes to accommodate this request. Dan Jurik stated he appreciated the opportunity to speak to Council regarding this issue. He explained BFI had fifty-four Island customers and served two other municipalities occupying the Island as well. He stated BFI was not able to provide service on a different day other than Monday. He also explained the structural deficiencies of the Red Bridge to the Islands posed great problems in attempting to provide refuse collection on Thursdays. He stated the company was not trying to undermine the City's ordinances and had made all arrangements to switch the service by November 1, 2002, as allowed. He went on to explain it would be safer for BFI to service the Shorewood residents on Monday along with the other two municipalities on the Island than to pickup Shorewood residents' refuse on Thursday and continue with the other municipalities' collection on Monday. He noted this would increase the amount of trucks over the bridge and on City streets rather than decrease the number of trucks traversing the roadways as the objective for the ordinance desired. Councilmember Turgeon stated she was sympathetic to the situation BFI was placed in; however, Blackowiak & Sons, was aware of the ordinance and able to make it work. Councilmember Garfunkel stated he was concerned about the inaccuracy of the wording regarding City opinion on the survey utilized. Director Nielsen commented he agreed the statement was misleading. Mayor Love asked Mr. Jurik about the permanency associated with the request as it related to the situation with the bridge repair and reconstruction. Mr. Juirk stated the request was considered temporary until the bridge could be replaced and larger trucks could be allowed to traverse the bridge. Mayor Love stated the City had spent a great deal of time and effort on the process and implementation of plans, including public input, on the issue of same-day refuse and recycling collection for the City. Mr. Jurik stated BFI did not have the capability to be able to provide adequate service trucks to the Shorewood residents on the requested day. He also stated BFI was requesting the different day refuse collection be allowed until the bridge was reconstructed. In response to Mayor Love's question, Engineer Brown explained the reconstruction and repair to the bridge was slated for the next construction season. Mayor Love stated he did not want to reverse the ordinance, but noted the deterioration of the bridge to be an unusual issue impacting this matter. REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 6 of 8 Councilmember Turgeon stated a great deal of time had been spent to bring the ordinance to fruition, and the haulers, including representatives ofBFI, Inc., all knew about the intent of the ordinance. She believed this request was part of a poor business decision, and it was not the responsibility of the City to remedy for the company. Councilmember Lizee agreed, stating she likened the situation to that of a variance request in which economics were not allowed to be a condition of granting approval. She thought BFI was a national company and would be able to absorb the cost of a new truck that would allow it to work within the previously agreed to conditions. Councilmember Zerby agreed, noting there was no reason to grant this request as this was a large company that could find the resources to work within this ordinance as previously agreed upon. . . ' " . In response to Director Nielsen's question, Mr. Jurik stated equipment had been purchased from Blackowiak for continued use. Turgeon moved, Zerby seconded, to Deny the Request from BFI, Inc. regarding the proposed pick- up date, other than the recycling day, for the Shorewood Island residents. Motion passed 5/0. . B. Hazardous Building Removal 1. Order to Secure 2. Order to Repair or Remove Director Nielsen explained a complaint had been received alleging the building at 5655 Eureka Road had been abandoned and fallen into disrepair. Upon inspection of the premises, the building was found to have been vacated and left in hazardous condition. He stated he had been in contact with the owner and he had complied with the order to secure the premises by boarding-up the building earlier today. Additionally, the owner had stated his intent was to demolish the building and rebuild on the property. Since the owner would need a variance to do so, the building was left standing in effort to gain leverage for the variance process. Director Nielsen also recommended both actions be adopted this evening; however, he suggested the motion could stipulate the owner had twenty days in which to apply for a variance application. Once the variance request was completed, then the order to repair or remove could be continued until the variance request was resolved. . Craig Buechler, owner of the building, stated he had plans to apply for the variance this winter as plans were already drawn for the property, but there were issues of concern regarding setbacks. He stated he did not want to tear the building down without being certain of how plans for the property could proceed. Lizee moved, Turgeon seconded, Adopting an Order to Secure the building at 5655 Eureka Road within 10 days. Motion passed 5/0. Zerby moved, Turgeon seconded, Adopting an Order to Repair or Remove the Building at 5655 Eureka Road within 20 days. Should a variance be applied for within those 20 days, the order to repair or remove the building would be stayed until the variance request was resolved. Motion passed 5/0. Mayor Love thanked Mr. Buechler for working cooperatively with City Staff in this matter. C. Consideration of a Temporary Gambling License for Minnewashta Elementary School REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 7 of8 Administrator Dawson explained the Minnewashta Elementary School PTO would be holding a raffle for The Steve Jaeger Benefit. Mr. Jaeger was to help a member of the Shorewood community who was undergoing cancer treatment. The raffle would be held on Friday, November 22,2002, at the Minnewashta Elementary School, 26350 Smithtown Road, in Shorewood. Detailed information regarding this raffle was also presented to Council for clarification. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 02-086. "A Resolution Approving the Temporary Gambling License for Minnewashta Elementary School PTO." Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was n9thing further to report. 10. REPORTS . A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there was nothing to report on this matter at this time. 2. County Road 19 Intersection Administrator Dawson reported there had been no meetings regarding the intersection since last reported. A resolution had not yet been reached by the City of Tonka Bay and Hennepin County regarding the valuation of the Tonka Bay Liquor Store. 3. Public Safety Facilities . Administrator Dawson explained bids received on the Facilities were a bit higher than anticipated, and discussions would continue regarding efforts to align expenditures with the budget for the project. Mayor Love reported the Excelsior Fire District (EFD) had utilized the vacant home located on the proposed Public Safety Facility property as part of a controlled bum training seminar for the firefighters recently. The Shorewood Public Works Department had filled in the foundation earlier in the day today in effort to further secure the site. Engineer Brown, on behalf of the EFD, thanked the Council for its permission to allow the training session to take place. 4. Water Service for Shorewood Village Owners of the Shorewood Village Shopping Center were working with the City of Chanhassen to provide municipal water service to the site should the City of Shorewood not wish to do so, Administrator Dawson explained. Many options were still being considered regarding providing municipal water service to the site. . REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 8 of8 5. Liquor Operations Staff had met with representatives of the company owning the Oasis Market located at the comer of Smithtown Road and Country Club Road. They were very favorable to construction of a municipal off- sale liquor store on their site. B. Mayor & City Council Councilmember Turgeon encouraged all interested parties to attend the Sensible Land Use Coalition luncheon and presentation regarding What Will the Region Look Like in 2030? ll.. ADJOURN .. ... _.--. Zerby moved, Turgeon seconded, Adjourning the Regular City Council Meeting at 8:57 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary . Woody Love, Mayor Craig W. Dawson, City Administrator . CITY OF SHOREWOOD CANVASSING BOARD MEETING WEDNESDAY; NOVEMBER 6,2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00P.M. MINUTES ~;"\I.. r,'t, ,~ Pl,.l. " r,;~ "~~,1I /11" ~ ' . " "';1 c. '!" F j; !, ...",.""" t, Lo;jJI '" '~jj Ii) 1. CALL TO ORDER Chair Love called the meeting to order at 6:00 P.M. A. Roll Call Present: Chair Love; Canvassing Board Members Garfunkel, Lizee, and Zerby and Turgeon, City Administrator/Clerk Dawson Absent: None . B. Review Agenda Chair Love reviewed the Agenda. Turgeon moved, Zerby seconded, approving the Agenda as submitted. Motion passed 5/0. 2. CANVASS OF ELECTION A. Consideration of a Motion to Adopt a Resolution Approving the Local Election Results from the General Election of Tuesday, November 5, 2002. The Canvassing Board reviewed a "Resolution Accepting Local Election Results" for the local election held Tuesday, November 5, 2002 as presented by the Election Judges of all five Shorewood precincts. Turgeon moved, Garfunkel seconded, to adopt Resolution No. 02-087 "a Resolution . Accepting Local Election Results". Motion passed 5-0. 3. ADJOURNMENT Zerby moved, Lizee seconded to adjourn the Canvassing Board for the 2002 General Election at 6:05 p.m. Wednesday, November 6,2002. Motion passed 5/0. Woody Love, Chair ATTEST: Craig W. Dawson, City Administrator/Clerk #- ;L8 PAYABLESAPPROVALS For 11/12/02 Council Meeting . / G I ' , ..,. / Prepared by: -c Cf;t/u,u 11' Y J 7 tJ~. caD~ccountant Reviewed by: Bonnie Burton, Fin ce Director Approved by: Craig son, City Administrator . Date: ) I-f-()d., Date: /I 4;; Z- Date: Il.V6~t'2- *3# Check Approval List for 11/12/02 Council Meeting Check # Vendor Name Description Check Date Invoice # Amount 33963 US POSTMASTER Postage - Nov 2002 Newsle 10/29/2002 $810.38 TOTAL FOR US POSTMASTER $810.38 33964 SENSIBLE LAND USE CO 11/6102 MEETING REG FE 10/30/2002 $40.00 33964 SENSIBLE LAND USE CO 11/6102 MEETING REG FE 10/30/2002 $80.00 TOTAL FOR SENSIBLE LAND USE COALITN $120.00 33965 AAA LAMBERTS LANDSC SOD 10/31/2002 3838 $138.82 TOTAL FOR AAA LAMBERTS LANDSCAPE PRODUCT $138.82 33966 ARCTIC GLACIER INC 10/31/2002 00229606 $59.40 TOTAL FOR ARCTIC GLACIER INC $59.40 33967 BRAUN PUMP & CONTR L1FTSTATION REPAIRS 10/31/2002 5114 $438.00 TOTAL FOR BRAUN PUMP & CONTROLS $438.00 33968 BURTON, BONNIE RE TEST FEEREIMBURS 10/31/2002.. $65.00 TOTAL FOR BURTON, BONNIE $65.00 33969 ELKE, CATHERINE OCT MILEAGE 10/31/2002 $96.42 TOTAL FOR ELKE, CATHERINE $96.42 33970 FISHER SHEETMETAL C JAIL GRATES-EDDY STAT 10/31/2002 12616 $283.55 TOTAL FOR FISHER SHEETMETAL CO INC $283.55 33971 GREENTOUCH COUPLER/CLAMPS 10/31/2002 10259 $4.10 TOTAL FOR GREENTOUCH $4.10 33972 LOCAL LINK USA BUSIN NOV WEB SVC 10/31/2002 95220466 $99.95 TOTAL FOR LOCAL LINK USA BUSINESS SERVIC $99.95 33973 MARK VII 10/31/2002 444322A $18.40 TOTAL FOR MARK VII $18.40 33974 MARLIN'S TRUCKING 10/31/2002 11632/116 $34.20 33974 MARLIN'S TRUCKING 10/31/2002 11632/116 $34.20 TOTAL FOR MARLIN'S TRUCKING $68.40 33975 MENARDS MISC STORMWATER SUP 10/31/2002 76910 $9.27 TOTAL FOR MENARDS $9.27 33976 METRO WEST INSPECTI INSP SVCS AUG,SEP,OC 10/31/2002 OCT STM $2,520.00 TOTAL FOR METRO WEST INSPECTION SVC $2,520.00 33977 MIDWEST COCA-COLA B 10/31/2002 63297267 $161.45 33977 MIDWEST COCA-COLA B 10/31/2002 63297275 $122.43 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $283.88 33978 MINN NCPERS GROUP L NOV PREM 10/31/2002 $12.00 TOTAL FOR MINN NCPERS GROUP LIFE INS $12.00 33979 MN SUN PUBLICATIONS NOTICE OF GENERAL EL 10/31/2002 550650 $85.80 TOTAL FOR MN SUN PUBUCATIONS $85.80 33980 PAWS, CLAWS & HOOV NOV SVC/OCT BOARD IN 10/31/2002 $170.40 TOTAL FOR PAWS, CLA WS & HOOVES PET $170.40 33981 QUALITY WINE & SPIRIT 10/31/2002 180890-00 $160.11 33981 QUALITY WINE & SPIRIT 10/31/2002 180890-00 $708.70 33981 QUALITY WINE & SPIRIT 10/31/2002 183614-00 $242.62 33981 QUALITY WINE & SPIRIT 10/31/2002 183614-00 $1,333.81 33981 QUALITY WINE & SPIRIT 10/31/2002 183627-00 $79.15 33981 QUALITY WINE & SPIRIT 10/31/2002 183682-00 $435.41 33981 QUALITY WINE & SPIRIT 10/31/2002 183683-00 $990.08 . . Check # Vendor Name Description Check Date Invoice # Amount 33982 33983 33984 33985 33985 33986 33987 33988 33988 33988 . 33989 33989 33990 33991 33991 33991 33991 33991 33991 33991 33991 33991 . 33992 33993 33993 33993 33994 33995 33996 33996 33996 33996 33997 TOTAL FOR QUALITY WINE & SPIRITS CO RENTAL SERVICE CORP TRENCHER W/BACKHOE- 10/31/2002 14126101- TOTAL FOR RENTAL SERVICE CORP DELIVERY OF COUNCIL P TOTAL FOR ROGERS, DON STARKEY, ROBERTITAM ESCR REF-5655 CHRIST 10/31/2002 TOTAL FOR STARKEY, ROBERT/TAMARA SUN PATRIOT NEWSPA NOTICE OF GENERAL EL 10/31/2002 388 SUN PATRIOT NEWSPA SAMPLE BALLOT 10/31/2002 391 TOTAL FOR SUN PATRIOT NEWSPAPERS INC AFSCME COUNCIL 14 NOV UNION DUES 11/7/2002 TOTAL FOR AFSCME COUNCIL 14 ELECTION SIGNS TOTAL FOR. ALAN SIGNS ARCTIC GLACIER INC ARCTIC GLACIER INC ARCTIC GLACIER INC TOTAL FOR ARCTIC GLACIER INC BERRY COFFEE CO BERRY COFFEE CO TOTAL FOR BERRY COFFEE CO C.H CARPENTER LUMBE LUMBER TOTAL FOR C.H CARPENTER LUMBER CHAMPION AUTO STOR MASTER CYLINDER/BRA 11/7/2002 0165248 CHAMPION AUTO STOR 11/7/2002 0165253 CHAMPION AUTO STOR 11/7/2002 0165295 CHAMPION AUTO STOR 11/7/2002 0165297 CHAMPION AUTO STOR 11/7/2002 0165665 CHAMPION AUTO STOR 11/7/2002 0165701 CHAMPION AUTO STOR 11/7/2002 0166189 CHAMPION AUTO STOR 111712002 0166203 CHAMPION AUTO STOR 11/7/2002 0170116 TOTAL FOR CHAMPION AUTO STORE #344 DALE GREEN CO 2 LOADS PULVERIZED 11/7/2002 5324 TOTAL FOR DALE GREEN CO EAST SIDE BEVERAGE 11/7/2002 309285 EAST SIDE BEVERAGE 11/7/2002 309285 EAST SIDE BEVERAGE 11/7/2002 309780 TOTAL FOR EAST SIDE BEVERAGE COMPAN EDINA COURIERS LLC PARK INFO PKGS TO HOI 11/7/2002 55046 TOTAL FOR EDINA COURIERS UC FISH, REBECCA S. RICE MEMORIAL SUPP TOTAL FOR FISH, REBECCA HERMEL WHOLESALE HERMEL WHOLESALE HERMEL WHOLESALE HERMEL WHOLESALE TOTAL FOR HERMEL WHOLESALE ICMA RETIREMENTTRU PAYROLL DEDUCTIONS-1 11/7/2002 302131-11 TOTAL FOR ICMA RETIREMENT TRUST-457 ROGERS, DON 10/31/2002 $3,949.88 $452.50 $452.50 $100.00 $100.00 $14,475.00 $14,475.00 $55.00 $61.69 $116.69 $189.35 $189.35 $180.00 . $180.00 $42.60 $32.40 $45.00 $120.00 $22.00 $22.00 $44.00 $66.55 $66.55 $154.38 $42.60 $1.05 ($10.65) $8.17 $4.55 $1.04 $2.01 $12.n $215.92 $404.70 $404.70 $19.60 $1,262.43 $n.30 $1,359.33 $44.61 $44.61 $78.39 $78.39 ($0.31) $593.28 $461.44 $376.04 $1,430.45 $1,337.88 $1,337.88 i1.;.j:.t;J;,;~~I'.\".\:';:,:,;::n.~;;.:;;~~,,:,;,..:t;k""o/M;~,tI:.~~!'!1n~'It~,:'i~~~t.:D:>.i:;'~;':";:i.:'Ji'.~'."";]!;.:('..IL\"(:t}r.~:'.'i;;:..;'J.ir~~.;;:;';i:!~~'i:f.':.:~.r.;~:~;:~~'l'!~:l:~ .c~;;r,:J'!Wi~ajJ'~?I.:.:>:.::Si~~~:.~'!.i.;;'::J:;.t.X:l:il:;;\!J.(/..:r3t~,,~1~t1E.~il.::',~.Y::,2,;'!;.,;n::Z.l:~.l,;r.;sr;i!"'I,:i.:)t"t~~2!'a::Ii:A":'ifi.liiiiT;.!~~?J;(i..~i:ii'Ml;zr.~;i;,I.\(j ,-re~i{..wi"!&~'.J..~ Friday, November 08, 2002 Page 2 of 8 ALAN SIGNS 11/7/2002 94873 11/7/2002 DC230104 11/7/2002 DC230105 11/7/2002 DC230106 11/7/2002 313708 11/7/2002 313709 11/7/2002 460427 11/7/2002 11/7/2002 379236 11/7/2002 381407 11/7/2002 381408 11/7/2002 381410 Check # Vendor Name Description Check Date Invoice # Amount 33998 INTERNAL REVENUE SE DOROTHY THURSTON-47 11/7/2002 $92.35 TOTAL FOR INTERNAL REVENUE SERVICE $92.35 33999 KEEFE, SALLY OCT SVCS 11/7/2002 $300.00 33999 KEEFE, SALLY OCT SVCS 11/7/2002 $325.00 TOTAL FOR KEEFE, SALLY $625.00 34000 LEEF BROS 11/7/2002 771416 $29.44 TOTAL FOR LEEF BROS $29.44 34001 MARRON, RUSSELL MILEAGE 10/1 .11/1/02 11/7/2002 $7.27 34001 MARRON, RUSSELL MILEAGE 10/1 .11/1/02 11/7/2002 $7.28 34001 MARRON, RUSSELL MILEAGE 10/1 .11/1/02 11/7/2002 $7.28 TOTAL FOR MARRON, RUSSELL $21.83 34002 MIDWEST COCA-COLA B 11/7/2002 63202175 $89.70 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $89.70 34003 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 11/7/2002 $173.51 TOTAL FOR MN CHILD SUPPORT PMT CTR $173.51 34004 NEXTEL COMMUNICATI 11/7/2002 $40.34 34004 NEXTEL COMMUNICATI 11/7/2002 $40.35 TOTAL FOR NEXTEL COMMUNICATIONS $80.69 34005 PAZANDAK, JOSEPH MILEAGE 10/21 .10/31/02 11/7/2002 $113.52 TOTAL FOR PAZANDAK, JOSEPH $113.52 34006 PEPSI COLA COMPANY 11n/2002 36973214 $27.84 TOTAL FOR PEPSI COLA COMPANY $27.84 34007 PERA PAYROLL DEDUCTIONS-1 11/7/2002 110502 $2,196.88 34007 PERA PAYROLL DEDUCTIONS-1 11/7/2002 110502 $2,382.12 TOTAL FOR PERA $4,579.00 34008 PRUDENTIAL INS CO OF NOV LIFE PREM 11/7/2002 $2.60 34008 PRUDENTIAL INS CO OF NOV LIFE PREM 11/7/2002 $2.60 34008 PRUDENTIAL INS CO OF NOV LIFE PREM 11/7/2002 $2.60 34008 PRUDENTIAL INS CO OF NOV LIFE PREM 11/7/2002 $37.05 34008 PRUDENTIAL INS CO OF NOV LIFE PREM 11/7/2002 $74.15 TOTAL FOR PRUDENTIAL INS CO OF AMERICA $119.00 34009 QUALITY WINE & SPIRIT 11/7/2002 186562-00 $284.62 34009 QUALITY WINE & SPIRIT 11/7/2002 186563-00 $671.75 34009 QUALITY WINE & SPIRIT 11/7/2002 186564-00 $287.99 TOTAL FOR QUALITY WINE & SPIRITS CO $1,244.36 34010 QWEST 11/7/2002 $49.63 34010 QWEST 11/7/2002 $49.63 34010 QWEST 11/7/2002 $89.53 TOTAL FOR QWEST $188.79 34011 RANDALL, DANIEL SEC 125 REIMBURSEME 11/7/2002 $135.20 TOTAL FOR RANDALL, DANIEL $135.20 34012 THORPE DISTRIBUTING 11/7/2002 276797 $12.85 34012 THORPE DISTRIBUTING 11/7/2002 276797 $306.25 34012 THORPE DISTRIBUTING 11/7/2002 277029 $983.05 TOTAL FOR THORPE DISTRIBUTING COMPA $1,302.15 34013 US FILTER DISTRIBUTIO STORMWATER MGMT SU 11/7/2002 8841959 $1,290.03 TOTAL FOR US FILTER DISTRIBUTION GROUP $1,290.03 34014 VERIZON WIRELESS, BE 11/7/2002 $52.94 TOTAL FOR VERIZON WIRELESS, BELLEVUE $52.94 34015 WATER FORD CENTER NOV RENT 11/7/2002 1102F $4,830.78 . . ;;;h:Ir.:\::'f;::;',;~,;;;,.cJf.r'J.!:;:~IAl.~=~l,~,~?~~M~~:!A,:~:n.:i!"~::.:"~~.;1.~i.~:i.l:,;},~,:,"!),;~'>>'~fh\iXJ.~,\JK.:t~r!O,~Cm~M!!iW.Jb-:'%.tl~f.U:;;~Ii&:.t!.~::.;,~':.~"i.~:~k~',\i::.<U ::;'Yf;,;::;:;,:~,;~;,:;.t.~:;:~~,;: ".~~'.'~','J.,;':':,"E.m&',~.;;;,.t.',:';;;l:jt,':;.,:";:;';;M1,j!;'.'il\;'~'r~~l7lllii'1n~~..iiiJ~~J/t.~,!;1'~;i::~'~.":':'~'~ Friday, November 08, 2002 Page 3 of 8 . . Check # Vendor Name Description Check Date Invoice # Amount TOTAL FOR WATERFORD CENTER $4,830.78 34016 WM. MUELLER & SONS, I BLACKTOP 11/7/2002 71258 $2,021.57 34016 WM. MUELLER & SONS, I BINDER ROCK 11/7/2002 71453 $1,122.49 34016 WM. MUELLER & SONS, I BLACKTOP 11/7/2002 71639 $114.15 TOTAL FOR WM. MUELLER & SONS, INC. $3,258.21 34017 ALL STEEL PRODUCTS 11/13/2002 3859 $64.05 TOTAL FOR ALL STEEL PRODUCTS CO. $64.05 34018 BELLBOY CORPORA TIO 11/13/2002 24829100 $285.71 34018 BELLBOY CORPORATIO 11/13/2002 24829100 $52.64 34018 BELLBOY CORPORATIO 11/13/2002 24829200 $191.25 TOTAL FOR BELLBOY CORPORATION $529.60 34019 DAY DISTRIBUTING 11/13/2002 195562 $206.70 34019 DAY DISTRIBUTING 11/13/2002 195563 $32.00 34019 DAY DISTRIBUTING 11/13/2002 195563 $433.35 34019 DAY DISTRIBUTING 11/13/2002 195564 $218,40 34019 DAY DISTRIBUTING 11/13/2002 196374 $302.76 34019 DAY DISTRIBUTING 11/13/2002 196375 $18.40 34019 DAY DISTRIBUTING 11/13/2002 196375 $290.80 34019 DAY DISTRIBUTING 11/13/2002 196376 $272.85 TOTAL FOR DAYDlSTRIBUTING $1,775.26 34020 OJ'S MUNICIPAL SUPPL BLACKTOPPING SUPPLlE 11/13/2002 13511 $287.29 TOTAL FOR DJ'S MUNICIPAL SUPPLY INC $287.29 34021 EAST SIDE BEVERAGE 11/13/2002 311558 $400.15 34021 EAST SIDE BEVERAGE 11/13/2002 312078 $1,308.05 34021 EAST SIDE BEVERAGE 11/13/2002 312079 $29.40 34021 EAST SIDE BEVERAGE 11/13/2002 312079 $1,946.35 34021 EAST SIDE BEVERAGE 11/13/2002 314274 $2,444.55 TOTAL FOR EAST SIDE BEVERAGE COMPAN $6,128.50 34022 EXCELSIOR ACE HARD OUTLET/BULB 11/13/2002 538432 $5.41 34022 EXCELSIOR ACE HARD RECYCLE BAGS-CITY HA 11/13/2002 538434 $38.21 34022 EXCELSIOR ACE HARD MUIRFIELD CIR WATER R 11/13/2002 540814 $27.54 34022 EXCELSIOR ACE HARD PW SUPPLIES 11/13/2002 541075 $2.11 34022 EXCELSIOR ACE HARD GRASS SEED 11/13/2002 541412 $60.13 34022 EXCELSIOR ACE HARD DISTILLED WATER 11/13/2002 542064 $5.50 34022 EXCELSIOR ACE HARD DISH SOAP 11/13/2002 542092 $6.37 34022 EXCELSIOR ACE HARD PW SUPPLIES 11/1312002 542177 $25.20 34022 EXCELSIOR ACE HARD PW SUPPLIES 11/13/2002 542192 $2.65 34022 EXCELSIOR ACE HARD PW SUPPLIES 11/13/2002 542200 ($1.07) TOTAL FOR EXCELSIOR ACE HARDWARE $172.05 34023 GENERAL REPAIR SERV 11/13/2002 4145 $50.02 TOTAL FOR GENERAL REPAIR SERVICE $50.02 34025 GRIGGS, COOPER & CO 11/1312002 597715 ($16.00) 34025 GRIGGS, COOPER & CO 11/13/2002 598748 ($2.13) 34025 GRIGGS, COOPER & CO 11/13/2002 614325 $0.95 34025 GRIGGS, COOPER & CO 11/13/2002 614477 $302.30 34025 GRIGGS, COOPER & CO 11/13/2002 614478 $582.15 34025 GRIGGS, COOPER & CO 11/13/2002 614479 $344.80 34025 GRIGGS, COOPER & CO 11/13/2002 614658 $603.28 34025 GRIGGS, COOPER & CO 11/13/2002 614659 $76.12 34025 GRIGGS, COOPER & CO 11/13/2002 614663 $362.13 34025 GRIGGS, COOPER & CO 11/13/2002 614664 $176.91 34025 GRIGGS, COOPER & CO 11/13/2002 614673 $532.00 34025 GRIGGS, COOPER & CO 11/1312002 614674 $74.13 :;::i.;~;.;;r:.J,'li;r2.;,-;.:'.t'i;.'f.~:~G~~,"xii_OOir~:~.ltt\'S'"N.\!;;i.~~!!".1.;;';;~\il!~~~';:i:'..:"~"!.:":':,.i'!.~'~,:.\';.t,;~,\;;..r.';;,,:.:;;:.'-'.~~'l:i;.:.~~:.~a:.~{.:,l~~'!i'!<:;.I;-! l...'I\Ji;r.",Wi:=a:'J'-'.1;!!iri;;~:i1.l.j;i:"~l};'''''.I",:';_:",;:~~,~7;:..-:~(.;::".!:~ii,::i,,:~31:;;i1;:::;r.,'.;';,;,'.f~,!:.~.t~;_~.;tti,:;;:C:.~T:l~~;-:r,,'.\~~G!i~::;7Iii.,Z;i1;ml\.:i~~N.:. ~xg..'i:1iro,.:':;:i Friday, November 08, 2002 Page 4 of 8 Check# Vendor Name Description Check Date Invoice # Amount 34025 GRIGGS, COOPER & CO 11/13/2002 617684 $0.95 34025 GRIGGS, COOPER & CO 11/13/2002 617841 $60.70 34025 GRIGGS, COOPER & CO 11/13/2002 617842 $43.20 34025 GRIGGS, COOPER & CO 11/13/2002 618049 $310.50 34025 GRIGGS, COOPER & CO 11/13/2002 618052 $430.73 34025 GRIGGS, COOPER & CO 11/1312002 618058 $91.33 34025 GRIGGS, COOPER & CO 11/13/2002 618338 $n2.47 34025 GRIGGS, COOPER & CO 11/13/2002 618338 $151.80 34025 GRIGGS, COOPER & CO 11/13/2002 618340 $84.75 34025 GRIGGS, COOPER & CO 11/13/2002 618340 $314.85 34025 GRIGGS, COOPER & CO 11/13/2002 618348 $302.46 TOTAL FOR GRIGGS, COOPER & COMPANY $5,600.38 34026 HARDRIVES, INC TH 7/41 PROJECT 11/13/2002 CHG ORD $17,488.79 TOTAL FOR HARDRIVES,INC $l7,488.79 34027 HOPKINS PARTS COMP OIUAIR FILTERS 11/13/2002 94048 $149.61 34027 HOPKINS PARTS COMP GREASE GUN 11/13/2002 94049 $54.05 TOTAL FOR HOPKINS PARTS COMPANY $203.66 34028 JOHNSON BROS Llauo 11/13/2002 1470922 $101.50 34028 JOHNSON BROS L1auo 11/13/2002 1470923 $97.99 34028 JOHNSON BROS L1auo 11/13/2002 1470923 $22.70 34028 JOHNSON BROS L1auo 11/1312002 1470924 $439.68 34028 JOHNSON BROS L1auo 11/1312002 1470925 $128.25 34028 JOHNSON BROS L1auo 11/13/2002 1470931 $115.80 34028 JOHNSON BROS L1auo 11/13/2002 1474006 $148.89 34028 JOHNSON BROS L1auo 11/13/2002 1474007 $520.76 34028 JOHNSON BROS L1auo 11/13/2002 1474008 $337.30 34028 JOHNSON BROS L1auo 11/13/2002 1474009 $1,107.82 34028 JOHNSON BROS L1auo 11/13/2002 1474013 $524.72 34028 JOHNSON BROS L1auo 11/13/2002 1474014 $706.89 34028 JOHNSON BROS L1auo 11/13i2002 205136 ($10.00) 34028 JOHNSON BROS L1auo 11/13/2002 205310 ($8.96) 34028 JOHNSON BROS L1auo 11/13/2002 205531 ($34.92) 34028 JOHNSON BROS L1auo 11/13/2002 205623 ($3.13) TOTAL FOR JOHNSON BROS LIQUOR CO. $4,195.29 34029 LANO EaUIPMENT, INC. MINI EXCAVATOR RENTA 11/13/2002 79095 $319.50 TOTAL FOR LANO EQUIPMENT, INC. $319.50 34030 LARKIN, HOFFMAN, DAL GENERAL MATTERS 11/13/2002 418629 $1,788.30 34030 LARKIN, HOFFMAN, DAL PUBLIC WORK MATTERS 11/13/2002 418630 $100.00 34030 LARKIN, HOFFMAN, DAL LAND USE MA TTERS-L1N 11/13/2002 418631 $80.00 34030 LARKIN, HOFFMAN, DAL SMITHTOWN RD-STREET 11/13/2002 418632 $125.00 34030 LARKIN, HOFFMAN, DAL RON JOHNSON ET AL VS. 11/13/2002 418633 $237.50 34030 LARKIN, HOFFMAN, DAL SHOREWOOD YACHT CL 11/13/2002 418634 $555.00 34030 LARKIN, HOFFMAN, DAL TH 7/41 ROW CONDEMN 11/13/2002 418635 $131.53 34030 LARKIN, HOFFMAN, DAL CUB FOODS 11/13/2002 418639 $465.00 34030 LARKIN, HOFFMAN, DAL CTY RD 19 11/13/2002 418640 $100.00 34030 LARKIN, HOFFMAN, DAL LCEC 11/13/2002 418641 $902.46 TOTAL FOR LARKIN, HOFFMAN, DALY... $4,484.79 34031 MAHONEY,JAMES SPRAY PKS/BALL FIELDS 11/13/2002 $3,173.70 TOTAL FOR MAHONEY, JAMES $3,173.70 34032 MAMA OCT 2002 MAMA LUNCHE 11/13/2002 450 $16.00 TOTALFOR MAMA $16.00 34033 MARK VII 11/13/2002 468950 $363.25 34033 MARK VII 11/13/2002 468953 $276.48 ~i.r;.~:-'1i,::;::,=::;.~;Y.G~~.::;r.:;njj;'i:'!tit:tijiiii1Jm;!\WtJ2k:i~ii!lr';:1r;i,R.i~,'6,,1i~id.::r:,"JEi:.:.;'.':.E;?;:3;X;:i,'C~:1[;".;:{:;Ji.'i.'1)l!::,";:P",1fi,'Qrl,:i:1.;:ji,.:,;;.;J:'.u.. ~~t1',';lt!~;~ZZi,TJ;':'ll::'i...:J:!tJ"t'~.:iS;.~Ji:in.rJ':;'i.r.iiZ.'.:~;1.:~:;~,,~~"2,...j~.::;:;:1'..:'~:~.~.~":B~~:;.,~;a~,~~Ji~\rk-:l!Q,:,~~i'1:-~i':',;t;i::!~U,~J.:,..:w-di.),;~~WR,~1:.~JJ;::; ',;.''; Friday, November 08, 2002 Page 5 of 8 . . Check # Vendor Name Description Check Date Invoice # Amount 34033 MARK VII 11/13/2002 468954 $37.30 34033 MARK VII 11/13/2002 468961 $240.55 34033 MARK VII 11/13/2002 468962 $59.10 34033 MARK VII 11/13/2002 471286 $741.80 34033 MARK VII 11/13/2002 471287 $26.00 34033 MARK VII 11/13/2002 471291 $161.95 34033 MARK VII 11/13/2002 471292 $54.50 34033 MARK VII 11/13/2002 471293 $393.55 TOTAL FOR MARK VII $2,354.48 34034 MCLEOD USA 11/13/2002 5913865 $89.65 34034 MCLEOD USA 11/13/2002 5913865 $469.33 34034 MCLEOD USA 11/13/2002 5913865 $191.59 34034 MCLEOD USA 11/13/2002 5913865 $154.47 34034 MCLEOD USA 11/13/2002 5913865 $96.50 34034 MCLEOD USA 11/13/2002 5913865 $89.74 34034 . MCLEOD USA ..11/13/2002 5913865 $44.87 34034 MCLEOD USA 11/13/2002 5913865 $95.72 TOTAL FOR MCLEOD USA $1,231.87 34035 MINNEGASCO 11/13/2002 $80.31 34035 MINNEGASCO 11/13/2002 $9.59 34035 MINNEGASCO 11/13/2002 $96.68 34035 MINNEGASCO 11/13/2002 $97.27 34035 MINNEGASCO 11/13/2002 $88.50 34035 MINNEGASCO 11/13/2002 $72.77 34035 MINNEGASCO 11/13/2002 $56.33 34035 MINNEGASCO 11/13/2002 $15.43 34035 MINNEGASCO 11/13/2002 $10.17 34035 MINNEGASCO 11/13/2002 $15.43 TOTAL FOR MINNEGASCO $542.48 34036 MUNITECH, INC. FRT CHGS FOR SUPPLlE 11/13/2002 7979 $54.00 TOTAL FOR MUNITECH, INC. $54.00 34037 NAVARRE TRUE VALUE WATER SUPPLIES 11/13/2002 108904 $37.19 34037 NAVARRE TRUE VALUE SEWER SUPPLIES 11/13/2002 108913 $8.50 TOTAL FOR NAVARRE TRUE VALUE $45.69 34038 O'ROURKE WELDING WELDING OXYGEN 11/13/2002 21366 $32.64 TOTAL FOR O'ROURKE WEWING $32.64 34039 OFFICE DEPOT 11/13/2002 18432864 $38.95 TOTAL FOR OFFICE DEPOT $38.95 34040 PHILLIPS WINE & SPIRIT 11/13/2002 883476 $121.91 34040 PHILLIPS WINE & SPIRIT 11/13/2002 883477 $10.14 34040 PHILLIPS WINE & SPIRIT 11/13/2002 883477 $199.95 34040 PHILLIPS WINE & SPIRIT 11/13/2002 883480 $39.95 34040 PHILLIPS WINE & SPIRIT 11/13/2002 885804 $120.76 34040 PHILLIPS WINE & SPIRIT 11/13/2002 885804 $297.60 34040 PHILLIPS WINE & SPIRIT 11/13/2002 885805 $79.20 34040 PHILLIPS WINE & SPIRIT 11/13/2002 885805 $377.80 34040 PHILLIPS WINE & SPIRIT 11/13/2002 885809 $92.90 TOTAL FOR PHILUPS WINE & SPIRITS $1,340.21 34041 PLANT & FLANGED WATER SUPPLIES 11/13/2002 33013 $916.70 TOTAL FOR PLANT & FLANGED $916.70 34042 POTTS, KENNETH N. OCT PROSECUTIONS 11/13/2002 $1,608.33 TOTAL FOR POTTS, KENNETH N. $1,608.33 . . ~i(i",:;':-;';l%~;1J,"5nr.;)I,.1.?'",,'l\';!;!i~~,<;;ir,~,:,;;;,,'~.i;i,,:;i:i:;i"'1iiJ!&;;;..;gi!;ii;.iJ;!:;-ri.'Ui~_~l'!".~t::'r:.:iiii~l;:;::>ii.'l:\'i.~~";:i.m':li.'1i.n';iN:;t,~",~~2,1.',:"'.r!I lK:::;il~:.:,i).>~~'~';'~~.i~;':.(. ~.'.i-.~.';'...~;(,.'~:\1iA\~,"~E,J~~'."\t{i;li~";~~.r.'.~~":~~;.~!:;,;(:'l'.l";.~:::"~iZ,'Mi11,i:~~;.D..i~;;;l~lt::.'\'l!;;.lJl>;;w.!liom~,,;1,\!!;i;iigl~:,~i.'1: i.\,;-;:,r;<':Z:'~'i,,:tf.; Friday, November 08, 2002 Page 6 of 8 Check # Vendor Name Description Check Date Invoice # Amount 34043 RUMPCA CO INC AUG/SEPT BRUSH DISPO 11/13/2002 1362 $440.00 TOTAL FOR RUMPCA CO INC $440.00 34044 SENIOR COMMUNITY SE OCT CLEANING SVC 11/13/2002 $266.25 34044 SENIOR COMMUNITY SE OCT CLEANING SVC 11/13/2002 $179.15 TOTAL FOR SENIOR COMMUNITY SERVICES $445.40 34045 SHOREWOOD TRUE VAL PW SUPPLIES 11/13/2002 50862 $17.00 34045 SHOREWOOD TRUE VAL BULBSNACUUM BAGS 11/13/2002 50865 $12.54 34045 SHOREWOOD TRUE VAL BULBS 11/13/2002 50887 $1.91 TOTAL FOR SHOREWOOD TRUE VALUE $31.45 34046 SPEEDWAY SUPERAME 11/13/2002 $926.12 TOTAL FOR SPEEDWAY SUPERAMERICA $926.12 34047 THORPE DISTRIBUTING 11/13/2002 2n 498 $48.70 34047 THORPE DISTRIBUTING 11/13/2002 2n498 $1,804.90 34047 THORPE DISTRIBUTING 11/13/2002 2n539 $25.70 34047 THORPE DISTRIBUTING 11/13/2002 2n539 $794.35 34047 THORPE DISTRIBUTING 11/1312002 2n695 $25.70 34047 THORPE DISTRIBUTING 11/13/2002 277695 $955.27 34047 THORPE DISTRIBUTING 11/13/2002 278111 $406.00 34047 THORPE DISTRIBUTING 11/13/2002 278118 $12.85 34047 THORPE DISTRIBUTING 11/13/2002 278118 $915.10 TOTAL FOR THORPE DISTRIBUTING COMPA $4,988.57 34048 US FILTER DISTRIBUTIO WATER PARTS 11/13/2002 8846466 $63.33 34048 US FILTER DISTRIBUTIO SEWER SUPPLIES 11/13/2002 88n885 $230.07 34048 US FILTER DISTRIBUTIO SEWER SUPPLIES 11/13/2002 8881419 $144.93 TOTAL FOR US FILTER DISTRIBUTION GROUP $438.33 34049 VERIZON DIRECTORIES ADS 11/13/2002 $19.50 34049 VERIZON DIRECTORIES ADS 11/13/2002 $19.50 TOTAL FOR VERIZON DIRECTORIES CORP $39.00 34050 VESSCO, INC. INJECTOR-STD 11/13/2002 27446 $398.31 TOTAL FOR VESSCO, INC. $398.31 34051 WASTE MANAGEMENT NOV SVC 11/13/2002 0389464.1 $107.23 34051 WASTE MANAGEMENT NOV SVC 11/1312002 0389465-1 $231.29 TOTAL FOR WASTE MANAGEMENT $338.52 34052 WASTE TECHNOLOGY, I FALL CLEANUP 11/1312002 73235 $5,370.00 TOTAL FOR WASTE TECHNOLOGY, INC. $5,370.00 34053 WINE COMPANY (THE) 11/13/2002 85656 ($7.00) 34053 WINE COMPANY (THE) 11/13/2002 8n98 $432.76 34053 WINE COMPANY (THE) 11/13/2002 87799 $238.70 TOTAL FOR WINE COMPANY (THE) $664.46 34054 WINE MERCHANTS 11/13/2002 16206 ($112.00) 34054 WINE MERCHANTS 11/13/2002 16607 ($7.50) 34054 WINE MERCHANTS 11/1312002 16608 ($7.50) 34054 WINE MERCHANTS 11/13/2002 59742 $112.00 34054 WINE MERCHANTS 11/13/2002 63408 $112.00 34054 WINE MERCHANTS 11/13/2002 63409 $112.00 34054 WINE MERCHANTS 11/13/2002 63410 $336.00 TOTAL FOR WINE MERCHANTS $545.00 34055 WSB AND ASSOCIATES FREEMAN PK DRIVEWAY 11/1312002 01074-483 $103.50 34055 WSB AND ASSOCIATES SMITHTOWN RD OVERLA 11/13/2002 01074-583 $7,054.00 34055 WSB AND ASSOCIATES XMAS LK RD-MCES SEW 11/13/2002 01074-684 $345.00 34055 WSB AND ASSOCIATES CTY RD 19@ SMITHTOW 11/13/2002 01388-001 $856.00 34055 WSB AND ASSOCIATES LK LINDEN DR PEDESTRI 11/13/2002 01459-002 $1,939.60 . . F;;;;;;y:"N~~~~;tb;;'08:20oib"iJ';1!tI:A"'''''!.''''''''lJil';'''''''iI''''';'",ll"_~"''''''''''''"',','',"",';!.''','''''_'''''':;',_",='J.i:,c.''''''_~',""'Ji""XE"''i!:i:''lZ..,,,,,-.;r.~''''-''''' ~","T<:''''I'!J;'''P~~~'"7'''';J''8j Check# Vendor Name Description Check Date Invoice # Amount TOTAL FOR WSB AND ASSOCIATES $10,298.10 34057 XCEL ENERGY 11/13/2002 0074-000- $8.19 34057 XCELENERGY 11/13/2002 0114-707- $14.80 34057 XCEL ENERGY 11/13/2002 0191-308- $22.00 34057 XCEL ENERGY 11/13/2002 0196-307- $406.06 34057 XCELENERGY 11/13/2002 0198-208- $346.88 34057 XCEL ENERGY 11/1312002 0208-203- $27.20 34057 XCEL ENERGY 11/13/2002 0356-200- $20.35 34057 XCEL ENERGY 11/13/2002 0640-202- $13.42 34057 XCEL ENERGY 11/13/2002 0675-505- $17.14 34057 XCELENERGY 11/13/2002 0727-302- $217.23 34057 XCELENERGY 11/13/2002 0942-567- $42.07 34057 XCELENERGY 11/13/2002 1300-208- $81.41 34057 XCEL ENERGY ,11/13/2002 1350-001- $17.68 34057 XCEL ENERGY 11/13/2002 1351-508- $739.74 34057 XCEL ENERGY 11/13/2002 ,1373-808- ' $7.60 34057 XCEL ENERGY 11/13/2002 14n-205- $269.36 34057 XCEL ENERGY 11/13/2002 1541-203- $7.40 . 34057 XCELENERGY 11/13/2002 1641-408- $60.97 34057 XCEL ENERGY 11/13/2002 1692-607- $33.39 34057 XCEL ENERGY 11/13/2002 1765-206- $29.56 34057 XCEL ENERGY 11/13/2002 1776-835- $12.10 34057 XCEL ENERGY 11/13/2002 1966-609- $126.45 34057 XCEL ENERGY 11/13/2002 2052-902- $13.23 34057 XCEL ENERGY 11/1312002 2164.107- $94.56 34057 XCEL ENERGY 11/13/2002 2270-109- $448.49 34057 XCEL ENERGY 11/13/2002 2325-902- $23.89 34057 XCELENERGY 11/13/2002 2397-003- $10.68 34057 XCEL ENERGY 11/13/2002 2486-903- $28.90 TOTAL FOR XCEL ENERGY $3,140.75 TOTAL CHECKS $128,821.60 . 'Frid~y~"N~j~~~;;;';;'08:J20(j2r;;;.,,,,,"";;:"':;::;''':':;':'',',.,'" ';;.'"","1""'"'',";''":,,"!,:<;&;,,,'';'',,d~';''':'''"''.''',;',;""<"'.~""".l",:;,,,,,.;~:?,,:;,,;:;;.,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,":""::"""'j;'\!"""":""';";':P~g~~8~i8' ... PAYROLL APPROVALS For 11/12/02 Council Meeting (j ) . - L/, 7., Prepared by: t/ltlL&ru 171 ell. . ca7S::7li::i:tant RevIewed by: Bonnie Burton, Finance Director Date: 1/-['-0 ~ . Date: tlk/oz- Approved by: Date: H. D~.l>Z- Crai awson, City Administrator . ~ . Payroll Register Check # Last Name First Name MI Check Amt Check Date 1802 BAILEY BOYD C 1,246.45 11/5/2002 1803 BURTON BONNIE M 1,836.67 11/5/2002 1804 DAVIS CHARLES S 1,068.42 11/5/2002 1805 EISCHENS JAMES E 837.25 11/5/2002 1806 ELKE CATHERINE M 805.09 11/512002 1807 FASCHING PATRICIA L 784.30 11/5/2002 1808 GROUT TWILA R 1,048.41 11/5/2002 1809 HELLING PAMELA J 572.22 11/5/2002 1810 illRSCH DANA M 82.13 11/5/2002 1811 JOHNSON DENNIS D 1,106.38 11/5/2002 1812 LUGOWSKI JOSEPH P 1,168.78 11/5/2002 1813 MASON BRADLEY J 1,053.98 11/5/2002 1814 MOORE JULIE K 303.90 11/5/2002 . 1815 NIELSEN BRADLEY J 1,027.10 11/512002 1816 PANCHYSHY JEAN M 1,097.35 11/512002 1817 PAZANDAK JOSEPH E 1,441.22 11/5/2002 1818 RANDALL DANIEL J 1,207.33 11/5/2002 1819 SCHMID CHRISTOPHER E 705.62 11/5/2002 1820 STARK BRUCE H 1,007.67 11/5/2002 1821 SW ANDBY DONALD R 1,253.82 11/5/2002 1822 TOWER TERRY R 1,043.49 11/5/2002 217525 ARMSTRON MICHAEL .R 153.56 11/5/2002 217526 BAKER RICHARD M 80.00 11/5/2002 217527 BROWN LAWRENCE A 1,894.00 11/5/2002 217528 DAWSON CRAIG W 1,678.14 11/5/2002 217529 DUFFY DAVID C 197.12 11/5/2002 . 217530 EDRALIN LAURENCE A 146.57 11/5/2002 217531 FIELD DALE F 911.58 11/5/2002 217532 HELGESEN PATRICIA R 945.94 11/5/2002 217533 JENSEN ANGELA D 111.67 11/5/2002 217534 KLEIN JENNIFER S 86.37 11/512002 217535 LATTERNER SUSAN M 310.37 11/512002 217536 MARRON RUSSELL R 41.72 11/5/2002 217537 MASON MICHELLE L 50.73 11/5/2002 217538 OLIVEIRA CHRISTOPHER L 255.76 11/5/2002 217539 PARENT MICHELLE L 638.66 11/5/2002 217540 THURSTON DOROTHY M 296.15 11/512002 Total of Checks $28,495.92 Friday, November 08, 2002 Page 1 ofl CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator ~ November 7, 2002 . DATE: SUBJECT: December Council Meeting Date(s) It has not been uncommon for the City Council to meet only once in December. The regular Council meeting dates for December 2002 would be December 9 and 23. Staff suggests that a regular meeting ofthe City Council be set for Monday, December16. This date would provide time to process additional business, and should allow more business to be concluded in December. . The City Council will hold its truth-in-taxation hearing on Monday, December 2. The published date for reconvening the hearing, should that be necessary, is Monday, December 9; this date had been selected with the idea that it would be conducted on the same evening as a regularly-scheduled Council meeting. A reconvened hearing rarely occurs, however. City Council Action: The City Council should determine whether it wishes to continue the regular meeting schedule in December (the 9th and 23rd), or hold one meeting in December (the 9th or, preferably, the 16th). #38 ft ~J PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM DATE: November 7,2002 FROM: Mayor and City Council Members JeanPanchyshyn, Executive Secretary/Deputy Clerk ~f Craig W. Dawson, City Administrator/Clerk @ RE: Commercial Lawn Fertilizer Application Ordinance Amendment . TO: CC: The Commercial Lawn Fertilizer license is a fairly new license -licenses have been issued for the past two years. It is believed that some fine-tuning of the erdinance is in order to provide for an easier licensing process for both the Applicators and Staff. The following three items are presented for Council's consideration. A. Commercial Lawn Fertilizer Applicator License Period . The City currently licenses eight (8) Commercial Lawn Fertilizer Applicators. The current license period expires December 31. Applicators typically provide their services during the period late-March through early-November, weather dependent. Applicators' state licenses expire December 31, and they typically receive their state license the latter part of December. The City's current license period does not allow adequate time for Applicators to provide all the license application documents necessary to the City, mainly the state license. Since the Applicator's service period doesn't begin until late March, it would be feasible to change the City's license period to expire the last day of February. This would allow adequate time for the Applicators' to provide all the necessary documents with their application, and for the City to review the documents and issue the license. B. Require Certificate of Insurance The current Ordinance does not include a requirement that the Applicators provide a copy of their Certificate of Insurance. This should be added as a required document. The City typically requires Certificates of Insurance for commercial service licenses. n ~J PRINTED ON RECYCLED PAPER #3~ November 7, 2002 Page 2 C. Material Safety Data Sheets (MSDS) The current ordinance requires Applicators to provide the City with copies of the product Material Safety Data Sheets (MSDS) of the as part of their license application. It also requires any parties employed by the Applicator to have a copy of the product MSDS in their possession. These requirements are not necessary, and only add additional burden on the Applicator. However, the product MSDS should be in possession of the Commercial Lawn Fertilizer Applicator (e.g., out at the Company offices), and required to be provided to the City on demand. Attachment # 1 provides the changes noted above. Items to be deleted are stricken, and items to be added are underlined. An Ordinance Amending Chapter 310 of the Shorewood City Code, as noted in the Attachment . #1, is provided for Council's approval. COUNCIL ACTION Approval of an Ordinance Amending Chapter 310 of the Shorewood City Code, relating to Regulations for Lawn Fertilizer Application; and Approval of a Motion extending the current licensed Lawn Fertilizer Applicator's Licenses from December 31,2002 to February 28,2003. . AN ORDINANCE AMENDING TITLE 300 OF THE SHOREWOOD CITY CODE, ESTABLISHING REGULATIONS FOR LAWN FERTILIZER APPLICATION Section 1. Title 300 of the Shorewood City Code is hereby amended to include: CHAPTER 310 LAWN FERTILIZER APPLICATION CONTROL . 310.01. PURPOSE: The City has considered expert testimony and has reviewed existing data to determine the current and projected water quality of various lakes within its community. The data indicates that lake water quality may be maintained and improved if the City is able to regulate the amount of lawn fertilizer and other chemicals entering the lakes as a result of storm water runoff or other causes. The purpose of this Chapter is to establish regulations that will aid the City in managing and protecting its water resources that are enjoyed by its residents and other users. 310.02. DEFINITIONS: For the purpose of this section, certain terms and words are defined as follows: Subd. 1. COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer for hire. FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. . NONCOMMERCIAL APPLICATOR: A person who applies fertilizer during the course of employment, but who is not a commercial lawn fertilizer applicator. PESTICIDE: A substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. 310.03 REGULATIONS FOR COMMERCIAL LAWN FERTILIZER APPLICATORS: Subd. 1. License Required. No person, firm, corporation or franchise shall engage in the. business of commercial lawn fertilizer applicator within the City unless a license has been obtained from the City Administrator or a designee as provided herein. A.-Hachm en 1- #-1 Subd. 2. License Application Procedure. Applicants for a commercial lawn fertilizer applicator license shall be submitted to the City Administrator or a designee. The application shall consist of the following: a. Application Form. Application forms shall be provided by the City and shall include the following information: (1) Name, address and telephone number of applicant and any individuals authorized to represent the applicant. (2) Description of lawn fertilizer formula proposed to be applied on lawns within the. City. (3) A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. b. Product MaterialSaf-cty Data Sheet. A copy of Material Safety Data Sheet, including product chemical analysis of the intended lavm fertilizer, shall be sabmitted to th.e City alol'lg \vith the initial application for a lic0l'lse, and, thereafter, at least seYeR days before fertilizer composition changes are implemented. . he. Minnesota State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of pesticides and fertilizers. Qa. License Fee. The license fee as established in Chapter 13 of the Shorewood City Code. The license shall expire on the ~ last day of Februarv December. The license fee shall not be prorated. d. Certificate of Insurance. A COPy of the current certificate of insurance. . Subd. 3. Conditions of License. Commercial lawn fertilizer applicator licenses shall be issued subject to the following conditions that shall be specified on the license form: a. Random Sampling. Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer applications to be applied within the City at any time after issuance of the initial license. b. Possession of License. The commercial lawn fertilizer license, or a copy thereof, shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. c. Possession of Product Material Safety Data Sheet. .LA.. ce~y of the The product Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of the commercial lawn fertilizer applicator. any party employed by the cornmoceial la','ffi fertilizer applicator ',':hen making lawn fertilizer applications within the Gity. d. State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Sections 17.711 through and including 17.729 and amendments thereto. The licensee shall also comply with the provisions of the Pesticide Control as contained in the Minnesota Statutes Chapter 18B. 310.04 GENERAL REGULATIONS. Subd. 1. Time of Application. Neither commercial applicators nor noncommercial applicators may apply lawn fertilizer when the ground is frozen or when conditions exist that will promote or create runoffs. . Subd. 2. Sample Analysis Cost. The cost of analyzing fertilizer samples taken from commercial applicators shall be paid by the commercial applicators if the sample analysis indicates that phosphorus content exceeds the levels authorized herein. Subd. 3. Fertilizer Content. No person, firm, corporation, franchise, or commercial or noncommercial applicator, including homeowners or renters, shall apply any lawn fertilizer, liquid or granular, within the City of Shorewood that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: a. the naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost; b. or as otherwise provided in Section 310.05. . Subd. 4. Sale of Fertilizer Containing Phosphorous. Effective 1 January 2003, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Shorewood that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: a. Small quantities of such fertilizer may be sold for use as provided in Section 310.05. Displays oflawn fertilizer containing phosphorous shall be limited to ten percenet (10%) of the quantity of non-phosphorous lawn fertilizer on display at any given time. b. Displays of such fertilizer must be clearly marked as containing phosphorous, and must be separated from the display of other fertilizers by no less than eight (8) feet. c. For each sale of such fertilizer the seller shall provide the buyer with a copy of this Chapter of the Shorewood City Code. Subd. 5. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer to impervious surfaces, areas within drainage ditches, or waterways. Subd. 6. Buffer Zone. Fertilizers and pesticides shall not be applied: a. to any established natural buffer zones as outlined in Section 1102.06 Subd. 2. of this Code. b. below the Ordinary High Water Level of any lake as established by the Minnesota Department of Natural Resources; or c. within ten (10) feet of any wetland or water resource. Subd. 7. Warning Signs for PestiCide Application. All commercial or noncomniercial. lawn fertilizer applicators that apply pesticides to turf areas must post or affix warning signs on the property where the pesticides are applied. The warning signs shall comply with the following criteria and contain the following information: . a. The warning signs must project at least eighteen (18) inches above the top of the grass line. The warning signs must be of a material that is rain resistant for at least a forty-eight (48) hour period and must remain in place for at least forty- eight (48) hours from the time of initial application. b. The following information must be printed on the warning signs in contrasting colors and capitalized letters measuring at least one-half inch (1/2"), or in another format approved by the Minnesota Commissioner of Agriculture. The signs must provide the following information: (1) The name of the business, entity, or person applying the pesticide; and (2) The following language: "This area chemically treated. Keep children and pets offuntil (date of safe entry)" or a universally accepted symbol and text approved by the Minnesota Commissioner of Agriculture as recognized as having the same meaning or intent as specified in this subparagraph. The warning signs may include the name of the pesticide used. . c. The warning sign must be posted on a lawn or yard between two (2) feet and five (5) feet from the sidewalk or street. 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CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 310 OF THE SHOREWOOD CITY CODE RELATING TO LAWN FERTILIZER APPLICATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Section 310, Subd. 2 of the Shorewood City Code shall be amended to r~ad as follows: Subd. 2. License Application Procedure. Applicants for a commercial lawn fertilizer applicator license shall be submitted to the City Administrator or a designee. The application shall consist of the following: . a. Application Form. Application forms shall be provided by the City and shall include the following information: (1) Name, address and telephone number of applicant and any individuals authorized to represent the applicant. (2) Description of lawn fertilizer formula proposed to be applied on lawns within the City. (3) A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. b. Minnesota State Licenses. A copy of all licenses required of the applicant by the . State of Minnesota regarding the application of pesticides and fertilizers. c. License Fee. The license fee as established in Chapter 13 of the Shorewood City Code. The license shall expire on the last day of February. The license fee shall not be prorated. d. Certificate ofInsurance. A copy of the Applicator's current Certificate ofInsurance. Section 2. Section 310, Subd. 3c of the Shorewood City Code shall be amended to read as follows: c. Possession of Product Material Safety Data Sheet. The product Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of the commercial lawn fertilizer Applicator. >> . Section 3. This Ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this lth day of November, 2002. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . . .:t CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . DATE: . J\1ayor and City Council Craig Dawson, City Administrator Larry Bro~, Director of Public Works ~/ . November 8, 2002 TO: FROM: RE: AResolution Accepting Change Order 2 to the Trunk Highway 7 and 41 Reconstruction Project City Project 98-05, S.P. 1008-58 (T.H. 41=12), S.A.P. 206-010-04 Attachments 1 and 2 are supplemental work orders for increases to the contract for Trunk Highway 7 and 41 Reconstruction project. Work order 5 includes repair and replacement of an irrigation system located outside of the right of way. Since the system was located within a necessary easement area, costs are eligible for payment. The total work involved amounts to $874.79. . Work Order 6 includes additional patching to the roadway to resolve a birdbath located at the median island on the south leg of the intersection. The total cost increase amounts to $4,000.00, Staff is recommending approval of the attached resolution, which approves an increase to the project in the amount of 4,874.79. *3D ft ~., PRINTED ON RECYCLED PAPER STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Page 1 of 1 -'~~", :-:.:~7 WORK ORDER NO.5 1--', ., . , }. : ' Contractor: Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374-9461 S . P . 1008 ..: 5 8 S E P 2 3 2002 City pr~ject-No-.h 98-05. Location: In Hennepin and Carver Counties at the intersection of T.H. 7 and T.H. 41 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: The Contractor shall provide all equipment, materials and labor necessary to repair and relocate the inplace sprinkler system along the west side of T .H... 41 in the area of the 7/41 shopping center. All work will be done in accordance with all applicable Special Provisions, Mn/DO~ Standard Specifications, and as directed by the Engineer. ... Payment for this work will be at the Negotiated Lump Sum as shown in the Estimate of Costs. Estimate of Costs Increase - Negotiated Lump Suo Unit Item No. Description Unit Ouantity Price Repair Sprinkler System L.S. 1.0 $874.79 Amount $874.79 Total Increase this Work Order $874.79 Group No. 01 - 100% Number of attached sheets: None Effect on Contract Time: Contract time will not be revised except as provided under the Contract provisions of Specifications 1806. . Mn/DOT Shor wood recommends for approval: X------- Date: <J ;Z:?/b? Issued by: ~~.. Mn/~~~ Date: q ,\ 1 ,- 2.& .- 0 __ Date: ~-/9-(?z:. cc: Resident Office File STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION .l??lge 1 of 1 -") WORK ORDER NO.6 SCP 2 3 N",? I.. .!~ Contractor: Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374-9461 S.P. 1008-58 City Project No. 98-05 Location: In Hennepin and Carver Counties at the intersection of T.H. 7 and T.H. 41 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: The Contractor shall provide all equipment, materials and labor necessary to mill and place a bituminous patch in the left turn lane of T.H. 41 at the approximate Station 15+615 to provide for more positive drainage. . work will be done in accordance with all applicable Special Provisions, MnjDOT ndard Specifications, and as staked and directed by the Engineer. Payment for this work will be on a Force Account basis in accordance with MnjDOT 1904. Estimate of Costs Total Increase this Work Order $4,000.00 Group No. 01 - 100% Number of attached sheets: None Effect on Contract Time: Contract time will not be revised except as . provided under the Contract provisions Specifications 1806. of MnjDOT The City of Sh~Od recommends ~ .tJ ~ for approval: Date: //h ~2- I ' ACC" ~F~ed by'{ ~"'",:. If ,';' \'k' "',// / \ ,i;;,;,1 " '-...", I; \:.vlA; .,\(,1 \\) I.f-~j""',,.-_...,,._/ Hardr i i{e s ]\H-c. .y - ,/ \. Issued by: ~~ MnjD@t Date: {..;r _ ,~~__f ~ . ! ~. ~ - i~.~',~ ,_l~~ Date: ~-/?-t!?z,.. cc: Resident Office File .. ),. CITY OF SHOREWOOD RESOLUTION NO. 02. A RESOLUTION APPROVING A CHANGE ORDER 2 FOR THE TRUNK HIGHWAY 7 & 41 RECONSTRUCTION PROJECT, CITY PROJECT NO. 98.05, S.P. 1008.58 (T.H. 41=12), S.A.P. 206.010.04 WHEREAS, on July 23rd, 2001 the City of Shore wood entered into a contract for construction with Hardrives, Inc. for the Trunk Highway 7 & 41 Reconstruction Project, City Project No. 98-05; and WHEREAS, Hardrives, Inc. has prepared Supplemental Work Orders 5 and 6, attached hereto as Exhibit A and Exhibit B, for additional work outside of the origiruU contract; and WHEREAS, the City Engineer has reviewed said Supplemental Work Orders 5 and 6 &"1d found them to be necessa..ry to complete the project. . NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve Change Order Number 2 with Hardrives, Inc., that incorporates services outlined in Supplemental Work Orders 5 and 6, attached hereto as Exhibits A and B. ADOPTED by the City Council of the City of Shore wood this 12th day of November, 2002. WOODY LOVE, MAYOR ATTEST: . CRAIG W. DAWSON, CITY CLERK/ADMINISTRATOR .~ CITY OF SHOREWOOD .1 '.... 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: November 8, 2002 FROM: Mayor and City Council Patricia Fasching, Secretary/Receptionist ~ Craig W. Dawson, City Administrator/Clerk Uy . TO: RE: A MOTION TO CONSIDER A DOG LICENSE FEE INCREASE Staff has researched dog license fees of surrounding communities in consideration of a fee increase for dog licenses in the City. Following is the current dog license fee schedule forthe City of Shorewood: Dog license (up to 2 dogs) Kennel license (3 dogs) $5.00 per dog, annual dog license; $1.00 late fee $25.00 for initial license and $10 renewal per year, in addition to the dog license fee . The following are charges for Dog Tags in Surrounding Cities: Excelsior $10.00 per tag until April and then goes to $15.00 per tag due to a $5.00 late fee $15.00 per tag until April and then goes to $20.00 per tag due to a $5.00 late fee Tonka Bay Chanhassen $3.00 per tag for dogs neutered/spayed - $5.00 for dogs not neutered/spayed. These fees have been unchanged for 13 years. Mound $25.00 per tag for dogs neutered/spayed - $35.00 for dogs not neutered or spayed. These are two-year tags. Deephaven $20.00 per two-year tag. #" ~J PRINTEO ON RECYCLED PAPER 3E -)> e"O (t)"O - -, (t) 0 (t) < o~ -0 ~- ~n> 0::0 9(t) (t)CIJ _0 a;e 0= =0 < :::s (t)o - ::T On> -':::s ::T(O (t) S' 1\')(0 0- 0::T VJ(t) 00 SS rC -'0 o(t) (t):::s :::SCIJ ~(t) -I a; n>(t) (0- CIJ 0 ~ -I. 9 o o "0 (t) -, 0.. o (0 C:)" (t) :::s CIJ (t) n> :::s 0.. n> . o o c: z Q r- :r> o ::t o z . cn>-')> :::s:::s(t)CIJ o -.8- ::T:::S3::T n> 0 (t) :::S(i)30 (On>(t)c (t)CIJ:::S-' P-(t)o..(j) -'S':::S :::s (0 - - - ::Tn>(t) CD _ (t) -(t)o e(t)- (t) -. ~ _:::SOl (t) 0 . (t)(j)0 _n>O o~~ 3_ -, . -, - ~o -. -1.30 . (t) o~:::s 001~ .-+ .' OO::T ~on> 01"0 CIJ . (t) C" o-,(t) 9=(t) O:::s -4 (t) _. ::T:::S:::S (t)CIJ(t) ,,(t)x (t) S- (ii' :::s (0- :::s_~ (t)oo =~(t) o -1.._ (t)00 :::S. -, ~83 -"0 n> (t)(t):::S (t)-,'< ~. o'~ c(t)n> _:::S(i3 0.. CIJ - -,(t)CIJ (t)-- 3~ ~ n> - _. -'n> CIJ :::S:::s 0.. =-1::0 00(t) ~o..< ClJn>(t) (t) - :::s (t)c S-__CD (0 ::T ~ CIJ (t) ", S' a g I\') ~ <' 8::T~ -I.n>- - CIJ a n> -'3 :::sCIJ o..en_ ~~::T O1o..~ 00 VJ o' =(O(t) OI\'):::S (t) _ en :::s -.(t) engen (t) :::s -. _enCIJ n> (t) n> (0 _"0 ClJn>"O -. (0 -, :::s en 0 I\') -. ~. O:::S3 Ol\')n> 00- . (t) 0_ 1\')'< ):.~ :::sl\') o..~ -,0 :::s-<- "O(t) :::!.n> o """l -'n> '< - (t)~ n>01 00 ~o (t)"O _.(t) en -, en _. c 0 (t) (t) o..:::s ~en m~ 01 "On>'"UO-4 :::!. 0.. n> 0 ::T a3~:::s(t) -. -. en - (t) :::s 2.- a x (0 en a -"0 (t) ::t n\ (J) (t) xn>-(t):::s "0 = ~ :;: CIJ (t) ~ en _.(t) :::S"'n>oen ~~~~~ :::;::r:=t'en _ 00 -.030 3 0 Sil' (t)<-- _ (t)::T (t) n> _en (t) 0.. :::s a ~ 0.. n> -'-. "0 -- 3 "0 '< ::T -. 0-' 0 n> en - :::s o x 0-' ~ 3-' -, 3 - on> n>e:::s- :::S(t)OCIJ (t) - - (t) o'<~:;: ~ ~ ---J -. ml\')o (t) 01 0 (t) x_ en "0 0"0 -. (t)-,(t):::s :::S01-'Q. CIJ 0'< C (t)o(t)o.. en = ~ (t) eno_~ c(t)O-l. O:::J-'oo ::T en -- n>(t)3VJ en -"0 (0 n>o---J =(0 C"O g _en :::J (t) :::s -. 0.. -, en :::s (J) '< (t)n>(t)(t) n>o..:;:~ "0 0.. _. _ "02:00 =o(t)-, o:::sen)> e-=t':::s -. 0 0-' o 33 :::s n> ". ---r ~\ , t CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION SETTING LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES WHEREAS, the fees that residents shall pay to the city for the licenses, permits, services charges and miscellaneous fees shall be determined from time to time by the Shorewood City Council; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that certain fees are. set as follows: . Description New Fee Annual Dog License, per animal License Late Fee $10.00 $ 5.00 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this Ith day of November 2002. . WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO.: FROM: . DATE: SUBJECT: Gideon Marker Rehabilitation - Gregory DeJute Gregory DeJute is responsible for the rehabilitation of the Gideon marker at County Road 19 and Glen Road. The physical labor occurred last weekend, and culminated months of research and planning. Mr. DeJute did the project in order to fulfill requirements to become and Eagle <Scout. He plans to give a PowerPoint presentation to the Council regarding his project. . 1t5A n ~.1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 7 November 2002 RE: . Sign Permit - Snyders Drug Store FILE NO. 405 (Sign Permits) . This is to try and clear up the confusion over the Snyders Drug Store sign permit request that was continued from the 28 October 2002 Council meeting. The applicant's current signage was approved as part of the overall conditional use permit, approved in 1999. Consequently, there is no separate staff report for the current signs. The applicant maintains that the "Snyder Pharmacy" and "One Hour Photo" are one sign. As evidence they provide the application form submitted at the time. It should be realized that an applicant could list five signs on one application. That does not make them one sign. " The conditional use permit forthe shopping center approved the owner's own criteria for major tenant signage (see Exhibit A, attached). Snyders was listed as a major tenant. The criteria stated that they could have three signs on the south and west exposures of the building. Two of those signs were to be on the south elevation. They ended up putting two signs on the west elevation instead. Exhibit B, attached shows the west elevation signs. Following the reasoning that this is only one sign, then the Hardware store next door should be able to add "True Value" in front of their "Just Ask Rental" signs. It is worth pointing out that CUB Foods will be coming in soon for a modification of the conditional use permit. We know they want three signs (food, bank, pharmacy). #- fA n ~.1 PRINTED ON RECYCLED PAPER . . Memorandum Re: Snyders Drug Sign Permit 7 November 2002 They also provide other services (i.e. floral, pet supplies, etc.). Again, following the Snyders reasoning, what limitations would be imposed for CUB? The purpose of the sign code and the conditional use permit is to regulate the size and number of signs so as to avoid visual clutter. Shopping centers are already afforded more signage than individual commercial sites. Three signs for three anchor tenants is considered to very liberal and additional signs beyond what has been approved is not recommended. Staff stands by its earlier recommendation. If the applicant wishes to file a formal appeal, it should be scheduled for Planning Commission review, pursuant to Section 1201.05 (Appeals) of the City Code. I will be out of town the night of the next Council meeting. If questions persist, it is recommended that this matter be continued to the 25 November meeting. Cc: Craig Dawson Tim Keane -2- MAJOR TENAL'ITS There are four exterior Tenants with more than 5,000 square feet Maximum of 450 square feet of signage to be allocated between four major Tenants at the discretion of Landlord Current Allocation (mav be changed at a later date): . . Driskills 100 square feet 2 south elevations Snyders 150 square feet south & west exposure 2 elevations on south Vacancy 50 square feet 1 elevatio~ 1 exposure Hardware ISO square feet west & south.exposure 2 elevations on west TOTAL 450 square feet . r.~b;t A Exhibit B-6 .. . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator I\~. November 7,2002 . VY Resident Request re: Horse Permit . Request: Jerry Cutts, 23930 Smithtown Road, wishes to keep two "mini donkeys" on his property. His request does not conform to the requirements of City Code Chapter 702, which regulates horses and ponies in Shorewood by permit. Existing Regulation~: The Code allows residents to keep, stable, or harbor horses through a permit issued by the City Clerk. This is not a matter of zoning administration, although the performance standards may appear to be that type of regulation. In essence, for the City Clerk to issue a permit, . There must b~ one-half acre of "area where horses are kept, stabled, or confmed ... per head." (The Code provisions do not differentiate the size of a horse.) . No more than three horses may be on one parcel. . Any "shelter or stabling facility shall be at least 50 feet from any property line. ... [It] shall be so loc~t~d so as not to create a public nuisance." . The City's .in~Rector has visited the site. He noted the presence of a fence as called for in the Code. The residents have recently constructed a barn, and it is located 14 feet from a side lot line. The rear of the property is pond and wetland. The size of the lot excluding this area, which would not be considered for the confinement ar~a, is approximately 57,400, or 1.3 acres. The area to the rear of the house is less than one acre. .. The inspector also hoted that the lot has a slope toward the wetland/pond at the rear of the property. City Clerk's Finding: The circumstances would allow one horse to be kept on the property, assuming that the side and front yards were not fenced and the horse(s) allowed to roam in them. The existing barn could not be used to stable a horse. The Zoning Administrator notes th~t ~ue to the circumstances of the property, a conditional use permit would be needed to build au,~~~~r structure to house a horse. Remedies: This chapter of the Code does contain any basis for granting a variance from the. permit requirements. While the Code does not specifically have a provision to appeal the depision of the City Clerk, as a matter of proper due process the applicant can make an appeal to the City Council. Staff believes the current requirements are very clear, and that its interpretation of the Code is correct. {) PRINTED ON RECYCLED PAPER 4FSA . . Horse Permit Request November 12,2002, City Council Meeting Page 2 Staff and Mr. Cutts have discussed this matter. Mr. Cutts prefers that the Council determine the existing ordinance does not apply in his case. As an alternative, he requests--and staff concurs-that an amending ordinance be considered. It appears that 1994 was the last time that the Council addressed the Horse Ordinance. RECOMMENDATION: The City Council may decide to take no action on this matter, and thus uphold the City Clerk's decision not to issue the permit as requested. The City Council may decide to direct the preparation of an ordinance to amend Chapter 702 of the City Code. Staff would than recommend that the matter be referred to the Planning Commission for study and the development of amendments to the Code. c: Jerry Cutts Planning Commission Brad Nielsen Joe Pazandak JeanPanchyshyn "t'U" fU()....--..I.)\A- \1., ''loo"\... c.\"",,- C.......,,",'~, "1 t November 4,2002 . 'M ~ ,.l~"","", . .t ~ '" "'. ~ ~ " Shorewood Mayor and City Council 5755 Country Club Road Shorewood, MN 55331 Dear Mayor and City Council Members; My name is Jerry Cutts and I live at 23930 Smithtown Rd in Shorewood. My family and I moved to Shorewood a little over 3 years ago from south Minneapolis. Our property is 2 and Y2 acres. We worked with members of the Planning Department as we designed and built a small barn which we have been enjoying. . We always thought that eventually we might get a few small animals for the children to take care of. We felt that this would help teach them a sense of responsibility. Recently we have investigated miniature ponies and discovered that this is a growing trend. These miniatures by defmition have a maximum height at their backs of 36 inches. Our research shows us, and I know that this sounds funny, that the little miniature donkeys are even better for young kids because they are very patient with kids. We have located a very responsible seller who is willing to help us and he has available two females that have been in a petting zoo situation and are very friendly - perfect for our family and neighborhood. Our challenge is that when we worked with the city to plan and locate our barn we didn't understand that a shelter for horses or ponies needs to be 50 feet from the property line. We did site the barn so that it was a long distance from any other house. The ordinance for normal horses and ponies has a 50 foot requirement. At its closest point our barn is 14 feet from the neighbor's property line. Their nearest structure is a shed that is about 60 feet from our barn. Their house is several hundred feet away. . We have talked with the adjoining neighbors on all three sides and they support and encourage our efforts to bring more child - centered activities to the community. My wife is a pediatrician and I am the director of a statewide children's non profit and they know that we are responsible and trying to help build a stronger family friendly community. I have a background in law and urban planning and so I have taken a look at the ordinance and am trying also to interpret the intent. I have tried below to outline an approach to this that will preserve the integrity of the community and yet meet the needs of residents who have moved here because it is a family oriented community that has some of the amenities of a community with small acreages and a small town and semi- rural atmosphere. 1. I don't think that the horse and pony ordinance should apply to miniature animals. Many other communities have created separate laws and regulate these little animals differently based on a 4 to 1 ratio. So if the law for horses is 1 per Y2 acre i the rule for minis is 4 per ~ acre. The same could be said for the 50 feet to property line. The rule would be 12 ~ feet. 2. This could be done by a separate ordinance or it could be done by amending the code to make an exception. 3. A third approach would be to amend the ordinance to create a variance provision. I know that you will want to address some tough questions and so let me see if I address them up front. Question: If Shorewood decides that the horse and pony ordinance doesn't apply, should be amended, or a variance approach created what would the new standard be? What will keep people from creating an unhealthy or unsafe environment or from over crowding? . A. We would suggest that a new standard be created - possibly even more restrictive than the 4 to 1 in other places. It could be 2 or 3 minis per ~ acre. B. Health and safety standards for the shelter could still apply, but they should take into consideration reduced impact. C. Support by neighbors could be a factor to weigh. There is big incentive to keep the activities reasonable and work with the neighbors. They always have the right to object. D. In determining the 50 foot rule the particulars of the neighborhood should be taken into consideration. . I know that common sense is relative but I think that we meet all reasonable tests. 1. We have built a very solid and safe barn with input from the city. 2. We have created solid fencing and a healthy environment. 3. We have worked with the city staff to try to address the issues. 4. Our neighbors are supportive. 5. We are willing to work with you to be a test case for a new approach. 6. We are responsible citizens that contribute significantly to a family oriented community. Please take these factors into consideration. Our first choice would be that you would decide that the existing ordinance does not apply. If not, we would hope that you would work with us and allow us to proceed with one of the above named approaches. We don't mind being a test case if that helps you sort out what is reasonable. Finally we hope that we can work together to arrive at a timely solution. rely, C Jerr nd Diana, Hannah~, Ariel (11), Greta and Joseph Cutis (4). 2 0 Smithtown Rd. Shorewood, MN 55331 952474-0801 1 U ,-' i L~~~ !7:~~~.';:.;;--:::-' --. ....--.-~._~-~--.,~~. I ""'. \ ,.. ,,-':0. r;=::> n '" r /,-' ~ -~ 1 i!~n! "~L"~\~ i nn'il NOV . am 1:)J!i . -!~)l -~-----1 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 ~0)[?'1f :..- ,,0 _. '"\"'_ ~) e t::j net I +l) Joe.. Rec let /1-2 -07- or APPLICATION FOR HORSE AND PONY STABLE PERMIT Receipt No.: 3 (07 [fO Application Date \ L \ 2.\ ~ '1. n ,......., Horse owner/Applicant: L!:>Q\-r,\k. '-.....u......-'ct-<;. $25.00 Permit Fee: Permit No. : Address: L ~,\~0 S~I~~ QQ Telephone: ~ \2- (dav) ~~)~.- 3.t:>LS e-~\..?C('\ (evenino) q'$'2.. Ltl'-l- 0'00\ It shall be or the ci ty removed and 702.09) .al Number the obligation of the applicant to report. to the Horse Inspector Clerk when the horse wbich is tbe subject of the permit bas been no longer is boarded within tbe confines of the City. (Section \"""~ '" l"'~ r--,,,, \_ ~o ,..'-\......"\$ ^ "" '^M.. \.c.. ':>"::. ~"" ~ '" \'. W to ",-."" \A.. of Horses: '\\.u... \c. 'i.t\ "'L '01:. (!'l....".. ~"'\ \y...",- \,...)... ~.\.~-~.......\O..\....."'- \l";'<t.i . The following items must be submitted with this application if not currently on file at City Hall: 1. Color photograph of each horse boarded or kept on the premises, the name of the horse and a short description. 2. site plan showing location of. property lines, buildings on adjacent properties, shelter building and pasture area. Name & address of the owner of property where the horse(s) is to be boarded: ,SA ~ 1\ ':i. f'\ '-N... '- Telephone: ~""'" .herebY consent to inspection de section 702.3 of the premises as provided by city .~h~ Signature of Applicant The above premises has been inspected and found to be in compliance with the ordinance. Shorewood City Clerk Signature of Horse Inspector Date Approved Date of Inspection Permit shall hereinafter expire on. the ensuing May 15, provided. unless sooner revoked as - ..:(..'-"'~~- -- "1llllJ..;;,.. '....: .... . . '*4'.1; .. . ~J14' 'Cq~ . . 7YTr. . . ~ ~jL' ~ ~Hn._......... . -fX- t':. .. 0- . . fO N .. . 61J>f:ON .CoVE:- ~_ . ~~ i\~_. ~_..-~. ,. , r / I ( I .:-p~~p/ -~f)... r, ~S\OMS H-AV~ 6t;er-{ -IA.J.tF:f.l. . F~~ c ITl~S ~O;"I ~f11\P-,-.t/ t;;t~..MP7r5UfJ..M~Nf5 . I . ..t"' ~,. .._-. . .=;)-1.""".' ..._ , 1-'l~ Co:. .. , I ( I I I I. ~lS:-._..-:.. J11)~ : :."~ . r , .... oS ~. - , -----s.~rrh1lJWl-\ - ~ .. - I' , 'SeM ,;~O I. I . ~~ ~~"..~. ~'F- '2'!f/!;CJ SMrnf 11JwH ~d., -" ~~.~~ --_._....p~.f)l(..a.J-... ~- . . dol- ~ p.n-F r'.AN$'T " . q_ . ""0-> .'. 1f71f- ~077. " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM FROM: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works ~. November 8, 2002 /' TO: . DATE: RE: A Motion Receiving Petition to Utilize the Public Right of Way Shorewood Village Shopping Center - Cub Foods Attachment 1 is a petition received on behalf of Mr. Stan Taube, Developer for the Shorewood Village Shopping Center (Cub Foods). The petition requests use of the public right of way of Minnetonka Drive and Yellowstone Trail for the purposes of an extension of municipal water service for to the Cub Foods site. In discussion with Mr. Taube, it is the intent that the watermain be installed as a private improvement project, with future dedication of the watermain to the City of Shorewood. It is also the intention that the proposed route will utilize the proposed right of way of the preliminary plat of Linden Hills. . Staff will present this item in greater detail at Monday night City Council meeting. If found acceptable to the City Council, the action desired is to direct the City Attorney to prepare a license agreement with Mr. Taube to allow use of the public right of way for the project. tl94 n ~J PRINTED ON RECYCLED PAPER November 7, 2002 Mr. Brad Nielsen Planning Director City Hall 5755 Country Club Road Shorewood, MN 55311 RE: Shorewood Village Shopping Center Request for City Water Dear Mr. Nielsen: Per previous conversations with City of Shorewood and Parsons staff, I am on behalf of my client, Shorewood Village Shopping Center Inc., located at the Intersection ofTH 7 and TH 41, requesting the City of Shorewood to provide water service for the proposed Cub Foods Store. . It is our understanding at this time that the water service installation will be privately constructed within City right-of-way, and future dedication of line to the City. Please place this item on the Planning Commission and City Council Agendas for recommendation and final approval, as soon as possible, thank you. Sincerely: John H. Payton, PE Parsons . CC: Stan Taube, SVSC Larry Brown, City Engineer, Shorewood z 0 ~ ~ ..... 0 VJ. Z Q. Z W I- <t X :E ci W ci Z <t ..... W <t oc :E <t oc W .\ l- UD::''''''''' <t ;): ~ Z .... 0 ~m r- .. .... 0 V) C z 11 Z I- I-W 23715 ~~g 01- ,... 7'" Wx ci;)o ... c ~. ciW Q :c Il!l:l!il "" oc <I; ~ t.<<. Q.Z 2z ~. .v. >-<( c~ I-:E ..... I- _oc !oM ., Uw zw I- .....1- <t %<1; I- ;): VJ g~~ o-Ill: ~ II II t w I III~ ~ oootra .1 <( II ..J I h ' 6S Ii IB I , I II I . .. . .