011083 CC Reg AgP
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, JANUARY 10, 1983
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CCV...."'NCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
AGENDA
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CALL TO ORDER
Pledge 0; Allegiance and Prayer ~
City Clerk administers Oath of office to new coun~embe~.
Roll call Mayor ~:~~~~ ~
Shaw . ~.
Leonargo. .
Stover .
a.
b.
c.
1- APPROVAL OF MINUTES
a, Meeting - December 13, 1982 [ Attachment # 1a ]
b. Meeting - December 15, 1982 [ Attachment # 1b ]
2. ORGANIZATIONAL APPOINTMENTS:
[ Attachment # 2 ]
a. Deputy Mayor:
b. Committee Appointments:
c. Staff/ Consultant Appointments:
[ Attachment # 2c ]
d. Affiliated Organization Appointments
e. Official Bank Depository
f. Official Newspaper
[ Attachment # 2f ]
g. Park Commission Appointments
[ Attachment # 2g ]
h. Planning Commission Appointments
[ Attachment # 2h ]
8:00 PM
3. PUBLIC HEARING - Proposed Lot Split and Lot width varience
request - 27200 West 62nd Street, Mr. Dennis Otteson:
[ Attachment # 3a + 3b]
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COUNCIL AGENDA
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JANUARY 10, 1983
,
8:30 PM 4. FINDINGS OF FACT - Naegele Sign at Christmas Lake Rd. &
Highway #7
[ Attachment #4 ]
5. REVIEW - MARILYNWOOD SUBDIVISION DEVELOPMENT AGREEMENT:
[ Attachment #5 ]
6. REZONING REQUEST - Gordon Schmidt & Larry Bader:
-::
, Atta9hment's #6a & 6b]
7. PLANNING COMMISSION REPORT:
a.
b.
8. PARK COMMISSION REPORT:
a. Request for Hockey Tournament:
[ Attachment's #8a & 8b ]
9. ATTORNEY'S REPORT:
a. Zoning amendment for Tingewood PUD.
b.
10. ENGINEER "S REPORT:
a.
b.
11. ADMINISTRATIVE REPORT:
a. City Clerk: Approval of the following Licenses/Permits:
1.) Dock Licenses
2.) Gambling Permit
b. Union Negotiation Update - Last Union demand:
[ Attachment # 11b ]
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LEGAL SERVICE
In 1983 the services of Penberthy and Larson, Ltd. will cost
$250/month retainer for attendance at two (2) regular Council
meetings a month, and $72.50 an hour for any and all additional
legal service.
PLANNING SERVICE
The Planning contract is a continuing contract unless either
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party gives a 30 day written notice that they will terminate
the agreement. The Planning Firm has informed us that the 1983
fees will stay as they were in 1982.
ENGINEERING SERVICE
The engineering cost for 1983 will remain the same as year 1982
for everything except Mr. Norton's hourly cost. In 1982 the
hourly salary cost for Jim Norton was $24.43/hr. x 2.25 = $54.97/hr.
In June, 1983 this cost will increase to $26.385/hr. x 2.25
= $59.37/hr. - an 8% increase.
AUDITOR SERVICE
The cost of Audit service in 1983 will be presented at the
meeting. I requested that Long, Froehlingand Associates, P.A.
submit a quote for the following services:
1.) General Government Audit
2.) Liquor Store Audit
3.) Liquor Store Quarterly Financial Statements.
This quote will not include monthly General Fund Financial
Statements. We will provide Treasurer's Reports to the Council
on a Quarterly basis and financial information on a continuing
basis.
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'I11e Stm NEWSPAPERS
MINNESOT A SUBURBAN NEWSPAPERS. INC.
7401 Bush Lake Road
Edina. MN 55435 . 831.1200
December 8,
1982
City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Gentlemen:
Your designation of the Lake Minnetonka Sun to be your official
newspaper for the year 1983 will be most appreciated.
The rate for legal publications as set by Minnesota law is 22.60
per line for the first insertion, 15.10 per line for each subsequent
insertion. Tabular matter, i.e., proper names, numbers, legal
descriptions, etc., is 7.50 per line additional for the original
insertion with no additional charge for repeats of the original
insertion.
We will provide, at no additional charge, two notarized affidavits
on each of your publications. Additional notarized affidavits, on
request, will be furnished at 250 each.
All publications should reach this office by 2 p.m., Friday preceding
your Wednesday publication.
In order to expedite our services to you, it is requested that you
direct your publications to the attention of Meridel Hedblom, Legal
Department, 7401 Bush Lake Road, Edina, MN 55435.
Thank you for your consideration of this, our official application
for designation of the Lake Minnetonka Sun as your official newspaper
for the ensuing year.
Very truly yours,
~A.. SUB~R~EWSPAPERS' INC.
<<{Z<CC Lv l.'w (eL ...;(_LL..U _L_____
Elmer L. Andersen
Publisher
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COmf1ISSION RECO?ftMENDATION
TO: CITY COUNCIL
FROM: PARK COMMISSION
rw'IEETING DATE: JANUARY 3, 1983
HE: APPOINTMENTS TO THE COMMISSION FOR TERMS ENDING DECEMBER 1982
MOVED: Conrad Schmid
SECONDED: Roger .Stein
NOTION: The Corrunission requests that the Council approve the reappoint-
ment of Carol Chapman and Marty Jakel to serve three-year tenns
on the Park Corrunission beginning January 1983.
VOTE:
(\-lhi te Ballot)
AYES:
NAYS:
ABSTAIN:
Carl, COUSins, Schmid, Stein
none
Chapman, Jakel
(In related matters, the Park Commission nominated Carol Chapman
as Chainnan (conditioned upon reappointment), and Roger Stein
as Vice Chainnan for 1983.)
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TO: The City Council
FROM: Kathy West
HE: Planning Commission Appointments
Terms ending December 31, 1982: Bruce Bensqn/Vern Watten
Both Bruce and Vern have expressed interest in continuing to serve
as Planning Commission members. If reappointed, their terms would
last through December 31, 1985.
Bruce has tentatively been appointed as this year's Planning Com-
commission Chairman.
Applications and questionnaires are being accepted at this time for
an individual to fill Kristi Stover's vacant position. They will be
provided to the Council for review in the near future.
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COUaS.3IO!1 n.~Cor.~.:UNDA'rrON
TO: CITY COUNCIL
FROM: PLANNING COMMISSION
MES'rING DAm: JANUARY 4, 1983
HE: REQUEST FOR VARIANCES - DENNIS OTTESON/21200 West 62nd Street
ba) Lot Width
) Simple Subdivision Procedure
MO~~D: Dick Spellman
SECONDBD: Bruce Benson
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1,~orION :
The Planning Commission ~e ommends that the Council approve .
the request subject to the recommendations listed in the City
Planner's report,(dated 0 December 1982 - see attached) and
that the applicant dedicate West 62nd Street across the south
portion of his property, and provide an easement for a cul-
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UNANIMOUS . ~~~.
AYES: Spellman, Shaw, Benson, Reese, Watten, Leslie
NAYS: none
ABSTAIN: none
Vo'ri:.:::
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NORTHWEST ASSOCIATED CONSULTANTS INC.
MH10RANDU~1
TO:
FROM:
Shorewood Planning Commission,
Mayor and City Council
Brad Nielsen
DATE:
RE:
30 December 1982
Otteson, Dennis - Proposed Lot Split and
Variance Request
FILE NO:
656.09 (82.19)
BACKGROUND
Mr. Dennis Otteson has requested approval of a lot split for his property
located at 27200 West 62nd Street (see Site location Map, attached). The
property in question is zoned R-1, Single Family Residence, measures 200'
by 660' and contains approximately 132,000 square feet in area (3.03 ac.).
The proposed division is shown on Exhibit B. As can be seen, the request
involves a variance to lot width. Also shown on Exhibit B is a sketch of
the applicant's existing house and location of a proposed house.
ISSUES AND ANALYSIS
The Otteson request is typical of many which the City has received in recent
years - splitting parcels which were originally intended as large homesites
into smaller ones. Although large enough in area to accommodate three R-l
lots, the site does not have adequate frontage on a public street to meet
lot width requirements. Simultaneously the parcel is not large enough in
itself to justify extending a road to the rear. The situation is further
complicated by the location of the exixting home on the lot. The request
does differ from the "back lot" development requests often submitted to the
City in that both of the proposed lots can potentially have some street
frontage if a variance is granted. In reviewing this request, it is
suggested that the following issues be taken into consideration:
A. Access. The property is accessed from the east by West 62nd Street,
a grossly substandard street in terms of right-of-way width. As shown
on Exhibit A, the right-of-way ends at the southeast corner of the
Otteson property. Although it appears that provision was made in the
Virginia Highlands Addition plat to eventually connect lake Virginia
Drive to West 62nd Street, the connection has not occurred to date.
If the City is to approve the variance and allow the lot split, the
minimum that should be required is dedication of at least 25 feet of
right-of~way along the southern edge of the property. Secondly, every
attempt should be made to provide fora turn-around at the end of the
street. It should be noted that this may require a somewhat different
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420
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Shorewood Planning Commission,
Mayor and City Council
30 December 1982
Page Two
layout for the proposed home on the west side of the property, however,
the elimination of dead end streets should be given high priority wher-
ever the opportunity presents itself.
B. Future Development. In reviewing any subdivision request, the City must
take into consideration future development potential for the surround-
ing area as well as the site itself. Exhibit A shows lot configurations
in the surrounding vicinity while Exhibit C shows topography. Both of
these are factors in examining development potential.
Those areas with the greatest potential for future development lie west
and north of the Otteson property. Land to the south of West 62nd Street
is located in Victoria, and development of the property in question has
little or no impact on that that area. Property east of the Otteson
parcel is mostly 'developed at this time.
Exhibits D and E illustrate alternatives for future development. Note
that we have not shown a connection between West 62nd Street and Lake
Virginia Drive due to topographic constraints. As can be seen, surround-
ing property can be developed even if the Otteso~ request is approved.
If the request is approved, the City':s lapproval should specify that if
a third lot is to be developed as shown in Exhibit E, it must conform
to Shorewood zoning standards, particularly regarding access to a public
street.
C. Existing Garage. An existing garage will remain on the newly created
lot~ creating a nonconforming use. This should be removed if the request
is approved. If Mr. Otteson intends to build on the new lot in the
near future, the City may allow it to remain for a specified period
of time.
RECOMr',1ENDATION
The City's policy which allows rear lot development and past approvals in
which lot width requirements were varied (i.e., Christmas Lake Motel property),
suggest that the City may be sympathetic to Mr. Otteson's situation. From
a design perspective, it is the opinion of this office that the applicant's
request is more reasonable than many rear lot splits which have been approved
in the past. In view of this it is recommended that the City approve a var-
iance for lot width contingent upon the following:
1. At least 25 feet of right-of-way along the south end of the Otteson
property should be dedicated to the City.
:t'.. . To the extent possible, pr.oVision should be. made for a turn-around at
the end of West 62nd Street. While neither this nor the 25 foot right-
'A /' of-way will totally resolve the nonconformity of West 62nd Street, it
· ~V provides a start.
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Shorewood Planning Commission,
Mayor and City Council
30 December 1982
Page Three
3. The widths of the two lots shall be evened up to
120 feet and 80 fee~
4. The City's approval should specify that an additional lot on the northern
portion of the Otteson property will only be allowed at such time as
public access can be provided from the north and only if it is in com-
pliance with Shorewood zoning standards.
5. Drainage and utility easements should be provided along all property
lines.
6. If joint use of the existing driveway is proposed (~ee Exhibit B), a
legal agreement should be established for future use and maintenance.
Thi s agreement shoul d be subject ,~tOt Irevi ew by the Ci ty Attorney and
recorded with the property division.
7. The applicant should submit a new plan, taking into consideration the
requirements listed herein. Once the new plan is approved, a certificate
of survey should be submitted depicting the approved division.
Since the division requires a variance, the request technically does not
qualify as a simple subdivision. As in similar past requests formal platting
is viewed as impractical, and it is suggested that the simple subdivision
procedure be allowed.
cc: Doug Uhrhammer
Gary Larson
Jim Norton
Dennis Otteson
Kathy West
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'PROPERTY IN QUESTION
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Exhibit A
SITE LOCATION
Otteson - Lot spl it/variance
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Exhibit B
PROPOSED DIVISION
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Exhibit C
AREA TopnGRAPHY
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Exhibit D
POTENTIAL D
AL TERNA TIVEEIVELOPMENT
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,RE$OLUTION NO.
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WHEREAS,' the Shorewood ,City Council passed Resolution No.
, . on Octob,er 18, 1982 in regard to the Naegele Outdoor
Advertising Company sign located on. Lot 145, Auditor's Subdivision No.
l~,O;' and '
WHEREAS," Naegele Outdoor"Advertising Company
representatives made a presentation to the City Council in regard tOq~
,:said,~ignon ()ctober25,'~982 and November 22, 1982){Yv-d ~.lO)/q ..,.;
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; " ': ' NOW, THEREFOlU:, BE IT RESOLVED, by the City Counc il of the
,', City'ot',Shorewood, Minnesota finds the following facts:
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1. That Ron Mielke, agent of Naegele Outdoor Advertising
,Company, made application for a building permit, a copy of which is
attached hereto as Exhibit I,
2. That said permit had attached to it, pictures of the
. e~isting signs located on the prope'rty in question. '
3. That said original permit application specifically did
not contain a map showing 'that the sign was to be moved to the east,
nor did it ~ontain .a~i~ture of the proposed new sign.
4. That the application was made to the City Clerk who
determined that there was no necessity for City Council approval of
the application Qecause the application was for remodeling of a sign
to be located at thesame.locat,ion and so informed the city building
in.pector. . ' ," ,.,
5. That ,approximately May 17, 1982, Ron Mielke met with
Jim Miller' to discuss, the building permit and that at time, or shortly
thereafter, Jim Miller did receive a picture of the new sign as shown
on Exhibit 2, attached hereto, and a map showing that the sign was to
be moved approximately 100 feet to the east. A' copy of the building ,
permi~ issued is attached hereto as Exhibit 3.
6. That a fee for said building permit was based on an
estimat~d value of ,the work -to be done of $6,000.
7. That on Friday August 27, 1982, Naegele Outdoor
: Advertising C~mpany, b~g~n c~nstruction on a temporary road going;to
the new' eite. ',,;';",'
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, I, :' ..8. That on'August 27,1982, Jim Miller, Shorewood Building
Inspecto~,'drove to the site and spoke with Naegele Outdoor
Advertising Company representatives and told them it was necessary to
apply for ,and receive a building permit for the construction of the
,road to serve the new sign.
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9. That at that time, Jim Miller, Shorewood Building
Insp~ctor, was aware of the location of the new sign,
10. That on August 30, 1982, Naegele applied for a building
permit to construct a temporary road on Lot 45 (sic.), Auditor's
Subdivision No. 120, a copy of which is attached hereto as Exhibit 4.
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i ,':11. ihat'~ permitwas'issued by the DuiJdin~ Inspector for
'_ 't,he construction of, th~ t~mporary road on August '31, 1982.
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. 12. That Naegele has a copy of the Shorewood City Zoning
'~:. Ordinance which purports to show the property in question as being
, '. zonedC-3.' , ",
13. That ~o one from the City of Shorewood furnished
Naegele with a zoning map showing the zoning as C-3 and that no one
from the City offices spoke with anypody from the Naegele company
indicating that the zoning on 'the property in question, was zoned
C-3. . "
14. That on October 18, 1982 the Shorewood City Council
without not~ce to Naeg.le passed Resolution No. revoking the
,bui14ling permit. .,'
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15. That thereafter Naegele was informed of the Council
action and appearedbefor~ the City Council on October 25 'and November
".:~ .22, , 1982 ,in ordex;- to, make a presentation concerning the location of
,.':; the sign, ';" , ,~. ,',', ,
16. That the Supreme Court issued an opinion which was
~~published Friday August 27, 1982 indicating that the si9n on property
in question was in violation of state laws.
CONCLUSIONS'
1. That the building permit issued to Naegele on May 17,
, 1982 was for a remodeling of a sign in existence at that time and was
not a permit for .the construction of a new sign located in a different
, location on, the prop~rty~
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2. That the City Building Inspector had no authority to
issue a building per~it for the iocation of the new sign on the
prope~ty.
3. That Naegele knew, or should have known, that a new
sign on a different location on said property, was contrary to the
Shorewood City ordinances.
4. That City Council never at any time approved or granted
.~y variances for ~he location of a new sign on said property.
5. That City Council acted with due diligence and
time~iness'after being notified of the construction of the new sign on
'.::'\."aiq'px;-op~!:'ty. '.:.~.;' . .
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. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
:: . C;i ty.of ~horewood, Minnesota:
,1. That. the building permit issued May 17, 1982 to Naegele
Outdoor Advertising Company, Permit 'No. A-20-82, be and hereby is
revoked. '
2. That Naegele Outdoor Advertising Company be and hereby
is directed to forthwith remove said advertising sign located on Lot
145, Subdivision No. 120.'
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D EVE LOP MEN T
A G R E E MEN T
THIS AGREEMENT, made and entered into this day of
, 19 , by and between LARRY BADER, hereinafter
referred to-aS-DEVELOPER;-and the CITY OF SHOREWOOD, hereinafter
referred to as CITY.
WHEREAS, Developer is owner of certain lands within the
City which are to be platted and described as:
'Lots 1 through 6, Block 1, Outlots A through E,
Marilynwood,
hereinafter referred to as PREMISES, and he has made application
,under City's zoning ordinance for said platting; and
WHEREAS, a public hearing was held by the Planning
Commission on , 1982 to consider public comments on
the plat; and
WHEREAS, City by its Resolution No. , dated
, approved the preliminary plat,-SUbject to conditions-
that Developer entered into this agreement.
NOW, THEREFORE, City and Developer agree as follows:
1. City does hereby grant and approve final plat of
Marilynwood.
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2. In consideration and approval herein granted to
Developer, Developer does covenant and agree as follows:
a) To furnish City with an estimated cost for the removal
of the existing building on the property.
b) To furtiish City with a re-subdivision sketch of Outlot
D showing the creation of three single family residential lots with
access through Outlot E onto Riviera Lane.
c) Agrees to deposit with City a satisfactory bond, cash
escrow, letter of credit securing full compliance with the terms of
this Agreement, specifically the destruction and removal of buildings
presently located on said property, no later than May 31, 1983.
Amount of said bond, cash escrow, letter of credit shall be as
established by the City Engineer from time to time and as approved by
the City Administrator. Developer shall pay the actual cost of
inspection by the City engineers or agents during any said removal of
said buildings.
d) Developer shall pay the City all costs incurred by the
City for consulting with the engineers, planners and attorneys in
connection with this project. All consulting professionals shall
bill Developer at the same rate per hour as they bill City and shall
supply Developer with an itemization upon request.
e) Developer shall pay applicable park fees to the City
for the Shorewood park fund.
f) In the event of default by Developer as to any work to
be performed by Developer under this agreement, City may at its
option perform said' work and Developer shall promptly reimburse City
for any expenses incurred thereby, provided Developer is first given
ten (10) days written notice by U.S. Mail of the item in default of
work required to be done by Developer in order to remove said
default. Notice shall be addressed to Developer at the following
address: Larry Bader,
Notice to Developer shall be sufficient without further notice to any
contractor or subcontractor or developers. In the event of any
emergency, the 10 day notice provided shall be waived in its entirety
and Developer shall reimburse City for any expenses incurred in the
same manner as if mailed notice had been given.
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g) The breach of any terms of this Agreement by Developer
shall be grounds for denial of building permits for any buildings,
certificates 'of occupancy for any buildings within the property
described as Marilynwood.
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CITY OF SHOREWOOD
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By:
By:
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By:___~,_
Larry Bader
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STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
On this day of , 19 ,before me, a
Notary Public within and for said County, personalTY appeared 1
and , ti1e
and i' respectively, ot the City of
Shorewood, to me known to be the persons described in and who
executed the foregoing instrument and acknowledged that they executed
the same on behalf of the City of Shorewood, as their free and
voluntary act.
;;,
NOTARY PUBLIC
STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
On this day of , 19 , before me, a
Notary Public within and for said County, personally appeared
and ", to me
known to be the persons described In and who executed the foregoing
instrument and acknowledged that they executed the same as their free
act and deed.
NOTARY PUBLIC
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CITY OF SHOREWOOD
REGm.AR PlANNING CCM1ISSION MEETING
TUESDAY, DECEMBER 7, 1982
COUNCIL CHAMBERS
5755 COUNI'RY CLUB ROAD
7:30 P.M.
MINUTES
CALL TO ORDER
Acting Chainnan Bruce Benson called the December 7, 1982 Planning Cornnission
meeting to order at 7:41 p.m.
ROLL CALL
Present: Coomission members Janet Leslie, Richard Spellman (late), Bob Shaw,
Bruce Benson, Frank Reese, Vern Watten; Cotmcil Liaison Bob Gagne;
Planner Brad Nielsen; Assistant Kathy West
Absent: Chainnan Stover (prior cornnitment)
APPROVAL OF THE MUNUI'ES
Leslie moved, Reese seconded, approval of the minutes from the November 9, 1982
Planning Coomission meeting as written.
The motion carried lIDanimously (5-0).
MA'ITERS FRCM THE FLOOR
Watten moved, Benson seconded, to cancel the December 21, 1982 study session.
The motion carried lIDanimously (5-0).
PUBLIC HEARING - REZONING REQUEST - SCHMII1I.' AND BADER
Acting Chainnan Benson called the public hearing to order at 7:45 p.m. and read
the legal notice as published on November 24, 1982. Larry Bader and Gordon
Schmidt were present to make a request to have a parcel of land located on Lake
Linden Drive rezoned from R-1, single family to R-3, two family. The parcel is
legally described as lots 19, 20 and the south 46 feet of lot 21 Linden Park,
Hennepin Co., Minn., plus outlots B and C from the proposed Marilynwood sub-
division - a portion of lot 33, Auditor's SuM. 133.
It was noted that the existing building on lot 20 is a duplex owned and occupied
by Schmidt. Outlot C (Marilynwood), added to this property would create adequate
square footage to make the lot confonning.
Harold Johnsen, 6055 Lake Linden Drive, and Bob Reutiman, 5915 Galpin Lake Road,
were present for the hearing. They noted no opposition to the request for rezoning.
Planner Nielsen noted that the City maps show wetlands on lot 19; the exact size
had not been detennined. Johnsen, Reutiman and Schmidt explained that there had
been a swamp which drained into Lake Linden, but the area was filled when the
sewer went in; the property is now dry. It was noted that the City does not
have a procedure for amending the wetlands map, but a variance could be requested
if needed. Bader added that they were planning to take soil tests later.
The public hearing was closed at 7:56 p.m.
Some Comnission members noted that two family residential seemed to be a good use
of the property. Concern over the location of the drive and the designated wet-
lands were expressed.
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REGUlAR PlANNING C<M1ISSION MEETING MINUTES - PAGE 2
DECEl1BER 7, 1 982
PUBLIC HEARING - CONI'INUED
A motion was made by Reese, seconded by Leslie, to recoomend that the Council
approve the request by Schmidt and Bader to rezone the previously mentioned prop-
erty fran R-1to R-3 subject to the following:
a) Finding by the City Engineer as to the size of the designated wetlands
b) Outlots B and C be rezoned R-3 at the time the Council reviews the
final plat of the Marilynwood subdivision
The motion carried unanimously (6-0).
The Corrrnission recessed at 8:04 p.m. and reconvened at 8:14 p.m.
MATTERS FRCl'1 THE FLOOR (Agenda rearranged)
Reese moved, Spellman seconded, to appoint B-ruce Benson as Planning Corrrnission
Chainnan for 1983. The motion carried unanimously.
CONTINUED STUDY OF THE ZONING ORDINANCE
a) REVIEW OF PART I CORRECTIONS
The Corrrnission agreed to study the revisions individually and move the discussion
to the January 4, 1983 meeting.
b) STUDY OF PART III, PAGES III-1 lHROUGH III-18
SECTION 200.09 ESTABLISHMENT OF ZONING CLASSIFICATIONS
Planner Nielsen noted that the proposed ordinance has a nunber of new res-
idential districts. Still to be added to this section are the "R-1D", M::>bile
Hane Park District , and the "C-4", Cannercial Service District. A new zoning
map will be drafted to go along with the text.
SECI'ION 200.10 "R-1A", SINGLE FAMILY RESIDENTIAL DISIRICI'
Nielsen noted that the proposed "R-1A" is basically the same as the current
R-1 zone; the lot requirements are consistant with the old ordinance (40,(XX)
square feet). Changes were made according to State statutes. The Camrl.ssi6n
suggested that item a. "Fanning", under Pennitted Uses (Subd. 2), be made a con-
di tional use. Item c . "Living quarters...", under Pennitted Accessory Uses
(Subd. 3), should be attached to principal structures.
SECTION 200.11 "R-1B", SINGLE FAMILY RESIDENTIAL DISIRICT
Nielsen pointed out that in this zone the lot requirements (30;(XX) square
feet) and setbacks are sanewbat smaller that the "R-1A" zone rot the large lot
character is maintained. Fanning activities are cut as lot sizes decrease, and
the nUmber of individuals pennitted to rent also decreases, reflecting the
number of parking spaces available.
SECTION 200.12 "R-1C", SINGLE FAMILY RESIDENTIAL DIS1RICI'
Nielsen noted theit this district is -Very similar to the present R-2 district
(20,(XX) square feet).
"R-1 D", MJBlLE HCl'1E PARK DISIRICI'
The Cannission was infonned of a recent Attorney General's opinion relating
to mobile hane zoning districts. Nielsen suggested that the Corrrnission might
want to review the section again before final adoption of the ordinance.
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NORTHWEST ASSOCIATED CONSULTANTS INC.
MEMORANDUM
TO:
Shorewood Planning Commission, Mayor
and City Council
FRO~l:
Brad Nielsen
DATE:
2 December 1982
RE:
FILE NO:
Schmidt, Gordon - Rezoning Request
656.09 (82.16)
BACKGROUND
. Gordon Schmidt and Larry Bader have applied for a rezoning for Lots 19
and 20, Linden Park Addition and Outlots Band C, Marilynwood Addition
(see Site Location Map, attached). They have requested that the property
be rezoned from its current R-1, Single Family Residence classification
to R-3, Two-Family Residence. The rezoning has been requested in order
to allow construction of a two-family dwelling on Lot 19/0utlot B.
Lot 20 is occupied by Mr. Schmidt's two-family residence, while Lot 19
is currently undeveloped. Surrounding land use and zoning are as follows:
north: single family residence, zoned R-1
east: undeveloped, zoned R-2
south: undeveloped, zoned R-C
west: undeveloped, zoned R-1 (pr.eliminary plat recently
approved for the Marilynwood Addition)
ISSUES AND ANALYSIS
Following are the primary planning issues which we feel should be addressed
in considering this rezoning request,
A. Land Use. Based upon existing use and the current zoning pattern
of the area in question, the rezoning from R-1 to R-3 is considered
appropriate. First, although the existing two-family dwelling is
a nonconforming use under current zoning, it is a relatively new
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420
"-
Shorewood Planning Commission, Mayor
and City Council
2 December 1982
Page Two.
structure and, barring some natural disaster, is likely to remain
at that location for some time to come. Secondly, given the R-C
zoning of the property to the south, the least intensity of
development which will occur there is two-family dwellings.
The proposed rezoning is considered to be consistent with one of
the major planning principles contained in the Shorewood Compre-
hensive Plan. That is, the concept of land use transition between
areas of high intensity use and those areas of lower intensity use.
While it may be argued that the rezoning of just two lots constitutes
"spot zoning", when used to create a land use transition such zoning
is totally appropriate. A case in point is the R-C, Residential/
Commercial District which is intended primarily as a transitional
zoning district. In most cases, use of such a district is applied
to parcels of land which are located between commercial and resi..:
dential areas.
Finally, in the review of zoning requests, the City must consider
potential impact of such an action on surrounding properties.
Given the existence of Mr. Schmidt1s two-family residence, the fact
that Mr. Bader owns the land immediately west of the site, the
zoning of the property to the south and the fact that only one
additional two-family residence will result from the request,
impact, if any, on surrounding properties is extremely minimal.
B. Zoning. If rezoned, the property in question is capable of con-
forming with zoning standards for the R-3 District. While the
Zoning Ordinance requires 30,000 square feet, both Lot 19 and 20
are approximately 39,000 square feet in area when combined with
Outlots Band C. It should be noted that the Final Plat for
Marilynwood Addition has not yet been approved. Consequently,
the rezoning request cannot be given final approval until the
Marilynwood plat has been filed and recorded with the County and
the outlots are legally joined with Lots 19 and 20.
Exhibit B illustrates that the site can easily accommodate a two-
family structure' within the setback requirements of the Shorewood
Zoning Ordinance.
e_
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Shorewood Planning Commission, Hayor
and City Council
2 December 1982
Page Three
C. Designated Wetlands. While it is difficult to determine by field
checking, Exhibit C shows the existence of a designated wetland
on the northern portion of Lot 19. As near as we can calculate,
the wetland is approximately 8,000 square feet in area. This leaves
an effective lot area of 31,000 square feet for Lot 19/0utlot B -
still in conformance with Shorewood zoni>ng standards.
It is recommended that the City Engineer confirm our wetland area
calculations. If the wetland is found to be greater than 9,000
square feet in area, the only remedy for the applicant would be
to enlarge Outlot B prior to the final platting of Marilynwood.
. RECOMf.1ENDATION
In view of the preceding analysis, it is the opinion of this office that
the request should be favorably considered. Final action should be
delayed, however, pending clarification of the wetland issue and finali-
zation of the Marilynwood Plat.
cc: Doug Uhrhammer
Jim Norton
Gary Larson
Gordon Schmidt
Larry Bader
Kathy West
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PROPOSED BUILDING LOCATION
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RELATIONSHIP TO MARILYNWOOO
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a. Administrator/Treasurer_~ ~~L-v/7Z..VlJ
b. City Clerk- ~~~
c. Public Works - ~b7} d~
d. Liq~or Store Manager ~ ~~~~~ .
e. Audl.tor,_'4&U.~~~~ ~<.:::bL~ S~.o -2-o6.s'~...
rI . . (/ (~~ 'l"-
f. Building Inspecto~ - w'tU.-< r7~ c,..:Z--d)<Ld. ~ ~ ':Lu. ~)
:::~r;;:;;:Jf~~~v.~~~
Attorney ~.~.
4.
~kt-~
_.~/
1/. C7Ja~-~
/
y&
5. Engineer
~- dO-~- 0~"t ~~atz..,/~.
6. Planner
Vlol-t~Y ~tJ ~.?L...tL ~ &~-ta-~Lcy6~.
Q>>t:L<J{)L/?f2/)L-77Ud ct CL~ ~ g ~
~..(~
7. Health Officer
&)1,. ~f' ~A-:c-
8. Fire Marshall
aJ~ ~~..~
9. Representatives to Affiliated Organizations:
a. Association of Metro Municipalities _~t:t...- ~U"~
and League of Minnesota Cities - r "':'/a-<-L:J'~
,
c
,
i ~:
t u
)
\ ~
..."
...-, ~
9.
Representati~est6Affili~t~dOr~~niz~ti6nscontinued
b. Suburban Rate Authority - ~. ~~~
c. Minnetonka Community Services _~d .....!l~~
d. Lake Mtka Conservat'ion District ~ 0." d PCVOClL>P
. e. Lake Minneton~~a Cable co~~~nication commiSSion-~~~
Bank Depositor~ '- _ lG'~~ 0./. ~
. ~. ..eu CiA ~'-
G;~Jn-L-
10.
11.
Newspaper
e'- / . ~I h /Ju)
~.. "'/~'4'~,~-
12. Planning Commission Appointments
Chairman: ~.(V-- ~.-.w
Members: ~"^- ..&~ _ IJ 3~ ~ ai ~~
~:;~ aJalJ~ _ If 'f f' I' IZ/31/J>S-
/,
I,
13.
Park Commission Appointments
Chairman: (!~ ~~1n~
Vice-Chair ~~ U~
0ll"7]7~; a~. {]L &-._jJ -7/la.rJ -
YlZaA~ ~.~ -
14. Solid Waste Disposal Appointment - ~cLC!t sl~
~tt-;)aAd,~ aJ~--L ~..~ - r;2L. ~
~~ ~n.~.ol 2fi.eI ~ x/~~ _ cfi ~;a^'Q~
cU-t ~ a 0~ ~..~ ~"a~t;~-?
/Jl,~ /^-.. 0. a..~~J .
e
e
CO~~ISSION RECO~~NDATION
TO:
FROf.l :
CITY COUNCIL
PARK COMMISSION
RE:
JANUARY 3, 1983
REQUEST FOR A THIRD ANNUAL SHORE\rlOOD HOCKEY TOURNAMENT
(See attached flyer) .
MEETING DATE:
MOVED:
SECONDED:
Roger Stein
Marty Jakel
MOTION:
The Park Commission recommends that the Council approve the
request to hold the hockey tournament at Badger arrd Cathcart
rinks under the following conditions:
1 )
The tournament sponsors will reimburse
rink attendants' wages:
Ca. back-up attendant
(b. regular attendant
the City for
- all hours)
- time outside normal rink
hours)
2) The tournament sponsors will provide proof of insurance
coverage.
3) The tournament sponsors will follow the provisions of
the Ice Rink Management Policy.
VOTE:
UNANIMOUS
AYES:
NAYS:
ABSTAIN:
Carl, Chapman, Cousins, Jakel,Schmid, Stein
none
none
8"G:!...
e
e
THIRD ANNUAL SHOREWOOD TOURrrA~lEl'iT
Tea~s involved: Pee Wee Ages 11 & 12
Squirt Ages 9 & 10
Mites (2nd yr)Age 8
Mites (1st yr)A~e7
All MYHA neiF!"hborhood teams ~;::jnakopee and. EdeR Prairie.
Dates: Feb. 4, 5, 6.
Rinks involved: Badger and Cathcart. Cathcart to be used
only on Friday night and Saturday.
Times. Feb. 4, Friday -
Feb. 5. Saturday
Feb. 6, Sunday -
5.JO to 10.JO Both rinks
- 7.JO a.m. to 10lJO p.m. Both rinks
10.00 a.m. to 6100 p.m. Bad~er only
Concessions 1 Request the use of concession stands at both
locations. We also request that no other con-
cessions be sold at either site during tournament.
Clean-up: Sponsors will be responsible for all clean-up.
D eS
~:edical assistancel Available from Excelsior paramedics.
They will be notified of tournament in
advance. Each coach has a basic first
aid kit for small problems.
Insurance 1 Available through MYHA.
~otorized Vehicles. We would like to have R.V. vehicles at
both locations if suitable locations can
be afreed upon by tournament directors
and Parks Commission.
?:b
e
e
THIRD ANNUAL SHOREWOOD TOURNAMENT
Chan?es from other years.
1. Rope off access to city garages and have people
available to direct parkin~.
2.
3. Post si?ns on free skating rinks that no hockey is
allowed and supply tournament attendants to moniter
the rinks. '
\h~-~oV
~~.~L~. .
~ .&;/.~
,:
/
MINNESO'A AFSCME COUtllL NO. 14
lWlN CITIES
METROPOLITAN AREA
770 TRANSFER ROAD
ST. PAUL, MN 55114
TELEPHONE: 645-7645
December 22, 1982
DEe
-2
'? 198<
Mr. Doug Uhrhammer
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Mr. Uhrhammer,
As you are aware, AFSCME is unwilling to allow the budget deficit of either
the State of Minnesota or the City of Shorewood to be resolved on the back of
the employees we represent. Futhermore, we are aware of the nature of the State
aid reductions as well as familiar with the budget of Shorewood. .
We would recommend to the members acceptance of a one year contract package
which included the discipline language discussed on December 6 and a six percent
increase effective January 1, 1983.
I will available the first week of January for further discussions.
SlI~Y' JLl
Debora J.- ~hreiber
Business ~:resentative
AFSCME Council 14
AFL-CIO
DJS:gm
..~,.
//6
\
GENERAL FUND
CLAIMS APPROVED AND PAID SINCE
Check #
26450
26451
26452
26453
26454
26455
26456
26457
26458
26459
26460
26461
26462
26463
26464
26465
26466
26467
26468
26469
26470
26471
26472
26473
26474
26475
26476
26477
26478
26479
26480
26481
26482
26483
26484
26485
26486
26487
26488
26489
26490
26491
26492
26493
26494
26495
26496
26497
26498
26499
26500
26501
DECEMBER 13, 1982
$
TO WHOM PAID PURPOSE
Armor Security Inc. Lock-Cathcart Park
Abel Heating Inc. Gas Heaters-
Astleford Equip. Co. Parts for Truck #5
Earl Anderson & Assoc.- Signs
Berry Auto & Body Truck Parts
Leroy Blackowiak Repair-Truck #1 & #5
Budget Paper Inc. Kitchen & Bathroom Supplies
State Treas. PERA
Earl Jensen December Union Dues
Carmichiel Auto Pts. Equip.Maint.-3 starters
Chaska Parts Sere Equip. parts & Shop Supplies
Mr. Chips stump removal
City of Excelsior 1982 Sealeoating
City of Deephaven Striping Mtka Blvd
Copy Duplicating Minolta-drum usage
Cargill Salt Div. De-icing salt
City of Excelsior Water Connections 10/82
Voided
Hance Hardware Supplies-Shop,Election,Park
Hopkins Parts Co. Shop Supplies
Jim Hatch Sales Shop Supplies
Koehnen Standard Tire repair-truck
Leef Bros. Uniforms-rugs
Long-Froehling Nov. fees
Lutz Tree Sere Tree removal-Yellowstone
Lamperts supplies-rinks
Jim Miller Bldg. Insp.
Minnegasco Gas-Boulder Br. Pumphouse
" Gas-Amesbury
" Gas-City garage
City of Minnetrista-burning site
Wm. Mueller & Sons Winter mix
H. C. Mayer & Sons Gasoline
Miller Davis office supplies
MAPSI October animal control
MAPSI November animal control
Midwest Asphalt Redi-Mix
National Chemserch Shop Supplies
NSP Amesbury electricity
NSP Badger Well electricity
NSP lift stat., signals, Pks,
R.E. Mooney & Assoe~-Supplies-Woodhaven
Bergerson-Caswell B.B. Farm pumphouse-80 WTP2
Glewwe Metals B.B. Farm pumphouse-80 WTP2
Mike Paul Electric B.B. Farm pumphouse-80 WTP2
Mac-in-erny B.B. Farm pumphouse-80 WTP2
Northwestern Bell City Hall-Garage-Parks
Northwest Assoc. Planning Consultants
Penberthy-Larson City Attorneys
Void
Reynolds Welding
E.H. Renner & Sons
Tools-garage
Amesbury-82-1
AMOUNT
23.25
76.00
77. 71
1 91 . 00
9.85
210.00
80. 1 0
535.15
43.00
30.00
250.04
165.00
1,624.40
371.45
& coupons 460.26
654.68
1,210.05
-0-
221.19
40.82
276.74
5.50
178.60
466.00
445.00
108.72
585.00
122.39
45.92
519.96
150.00
425.45
662.12
74.80
283.75
245.00
261 .51
68.03
179.88
14.10
ete 386.08
66.67
4,563.18
488.26
5,565.96
845.85
539.37
2,198.10
2,361.50
-0-
26.20
1 7 ,049. 1 7
...
GENERAL FUND - page 2
CLAIMS APPROVED AND PAID SINCE
Check #
26502
26503
26504
26505
26506
26507
26508
26509
26510
26511
26512
26513
26514
26515
26516
26517
26518
26519
26520
26521
26522
26523
26524
26525
26526
26527
26528
26529
26530
26531
26532
26533
26534
26535
26536
26537
26538
26539
26540
26541
26542
26543
26544
26545
26546
26547
26548
26549
26550
26551
26552
26553
26554
DECEMBER 13, 1982
Bonds
Trees
Supplies
Office Supplies
November pick-up
Lumber
Lift Station #2
supplies
Legals
Reserve Cap. Chg.-Sept-Nov
film
printing
equipment
postage
Newletter labels
Postage-newsletters
cash box reimbursement
Office supplies
Newsletter labels
PERA
supplies
Radio kit-Truck #6
Salary-Vacation
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
FWH-Dec. 23
Salary
parts
Salary-mayor
Salary-Council
Salary-Council
Salary-Council
Salary-Council
Salary-Cleaning Office
Taxes 3rd & 4th quarters
Dec. animal control
Prisoners~October
4th Quarter billing
$
AMOUNT
1,241.25
90,076.30
55,856.45
-0-
878.75
211.70
249.50
45.00
39.00
62.25
82.03
51.41
841.50
9.23
93.75
101 . 50
160.00
14.81
154.47
-0-
37.37
35.28
42.50
~o-
-0-
556.49
7.50
100.00
359.41
520.48
488.65
379.10
314.10
563.65
507.31
705.12
335.30
607.03
888.20
630.00
115.89
-0-
150.00
100.00
100.00
100.00
1 00 . 00
36.75
428.36
333.75
-0-
1,590.00
396.45
TO WHOM PAID PURPOSE
Amer. Nat'l. Bk. Water Improv.
N.W. Nat'l. Bk. Mpls.-Imp. Bonds
N.W. Nat'l. Bk Mpls. GO Imp: Bonds
Void
Shwd. Tree Sere
Tonka Auto Body
Tonka Printing
Village Sanitation
C.H. Carpenter Lumb.
Village Tonka Bay
Warner Hardware
Sun News
Metro Waste
Jim Miller
Tonka Printing
Ziegler Inc.
U.S. Postoffice
Jan Haugen
U.S. Postoffice
Void
City of Shorewood
Jan Haugen
Barbara Horowitz
Void
Void
State Treas.
Acro
Boyer Ford Trucks
Roberta Dybvik
Dennis Johnson
Sandra Kennelly
Doug Niccum
Sue Niccum
Robert Quaas
Dan Randall
Doug Uhrhammer
Kathy West
Don Adrazil
Mtka. State Bk.
Jim Miller
Chaska Parts
Void
Robert Rascop
Jan Haugen
Tad Shaw
Robert Gagne
Alexander Leonardo
Mary Kennelly
State Treas.
MAPSI
Void
Hennepin County
Jim's Repair
"
GENERAL FUND - page 3
CLAIMS APPROVED AND PAID SINCE
DECEMBER 13, 1982
$
AMOUNT
274.45
483.18
366.17
468.30
237.64
571 .02
-0-
521.72
246.74
454.80
691.80
1 9 . 00
54.00
61.75
92.10
54.24
559.45
27.98
-0-
1 ,095.00
1 47 . 00
436.43
96.16
35.22
810.11
501.49
3,693.15
182.40
65.00
-0-
34.84
1,371.25
24.11
1,23b.00
282.45
45.00
55.85
1,245.00
3,150.00
516.56
PURPOSE
Salary
Salary
Salary
Salary
Salary
Salary
Check #
26555
26556
26557
26558
26559
26560
26561
26562
26563
26564
26565
26566
26567
26568
26569
26570
26571
26572
26573
26574
26575
26576
26577
26578
26579
26580
26581
26582
26583
26584
26585
26586
26587
26588
26589
26590
26591
26592
26593
26564
TO WHOM PAID
Roberta Dybvik
Dennis Johnson
Sandra Kennelly
Doug Niccum
Sue Niccum
Robert Quaas
Void
Doug Uhrhammer
Kathy West
Don Adrazil
Mtka State Bk
Bacon Drug
Copy Duplicating
Clutch & U Joint
Gross Office
N.W. Grauber
Jim Hatch Sales
Hance Hardware
Void
Hennessy Agcy insurance
Leef Bros. uniforms-rugs
H.C. Mayer & Sons Gasoline
Modern Tire Sere Tire service
Midwest Asphalt Supplies
NSP Electricity
Northwestern Bell Telephones
Orr- S che 1 en-Ma yeron- jcEngli neers
" "" "-Wood haven
Satellite Cathcart-satellite
Void
St. Regis Paper
Shwd. Tree Sere
Tonka Auto Body
Viking Industrial
Vessco Inc.
Village Sanitation
Water Products
Widmer Bros Inc.
Penberthy-Larson
Dan Randall
Salary
Salary
Salary
FWH-Dec. 31
Supplies-Shop
Drum usage
U-Joint Assembly-Truck #1
Supplies-office
Paint-wells
Supplies
Supplies
Supplies
Topping & hauling trees
Parts and Supplies
Sewer Equipment
Supplies-Ames bury Well
Dec. pick-up
Sewer Supplies
Contracted Services
Attorneys
Salary
226,381.71
Total
REGULAR COUNCIL MEETING
- 6 -
DECEMBER 13, 1982
ADMINISTRATIVE REPORTS - Continued
M.A.P.S.I. Contract
Contract from MAPSI was received for the up coming year.
Administrator Uhrhammer discussed the increase with the owners
and got a reduction in the administrative charges. Further
review of various City charges will be made.
Amesbury Special Assessment Study
A Special Assessment Review was make by the City Auditor on
the Amesbury Addition. There will be a meeting set up with
Mc Nulty Corporation to discuss the findings of this summary.
Union Matters
A list of demands have been received in reference to the new
contract for 1983.
Administrator Uhrhammer reviewed for the Council the present
state of the grievance that has been filed by 2 of the City
employees.
MAYORS REPORT
Mayor Rascop reviewed the last meeting of the L.M.C.D. He
informed the Council that;
The Excelsior Attorney does not intend to prosecute water
violations.
A site, on the southwest side of the lake, is being studied
for use as a public access.
Joe Boyer has made a request for a marina, to go along
with a condominium development on a self-made bay off
of Halstads Bay.
APPROVAL OF CLAIMS AND ADJOURNMENT
Moved by Shaw, seconded by Haugen, to approve the claims for
payment to be followed by adjournment at 11:50 P.M.
Motion carried unanimously.
General Fund [Account #00166] Checks 26450 - 26564 = $226,381.71
Liquor Fund [Account #00174] Checks 9530 - 9609 = $ 54,244.04
Resp~ctfully Submitted,
~~~ Mayor
'"
CLAIMS PAID SINCE
LIQUOR FUND
Check
9530
9531
9532
9533
9534
9535
9536
9537
9538
9539
9540
9541
9542
9543
9544
9545
9546
9547
9548
9549
9550
9551
9552
9553
9554
9555
9556
9557
9558
9559
9560
9561
9562
9563
9564
9565
9566
9567
9568
9569
9570
9571
9572
9573
9574
9575
9576
9577
9578
9579
9580
9581
9582
# TO WHOM PAID
Commissioner of Rev.
Griggs, Cooper, & Co.
Long-Froehling
Johnson Bros. Liq.
Twin City Wine
Intercontinental Pkg.
Ed Phillips & Sons
NSP
Minnegasco
Old Peoria Co.
Quality Wine
Mark VII Sales
A.J. Ogle Co.
Minter-Weisman Co.
Coca-Cola
Frito Lay Inc.
Johnson Bros.
Twin City Wine
Griggs-Cooper
Eagle Wine
Prior Wine
Jonhson Bros.
Void
Harry Feichtinger
Russell Marrin
Don Tharalson
Stephen Theis
Susan Culver
Pat Amundson
Pat Pfeffer
Marie Ann Schroeder
Steven Schultz
Mary Skraba
Dean Young
Mtka. State Bk.
Old Peoria Co.
Ed Phillips & Sons
'Midwest Wine Co.
East Side Bev.
Griggs-Cooper
Pogreba Distrib. Co.
Mn. Victoria 0.11 Co.""
Eagle Wine Co.
Johnson Bros.
Twin City Wine
Johnson Bros.
Intercontinental
Ed Phillips & Sons
Old Peoria Co.
Quality Wine
Midwest Wine
Roger Hennessy Agcy~
Minter-Weisman Co.
DECEMBER 13, 1982
PURPOSE
Sales & use tax
Liquor
Nov-3rd Qtr. Fin. St.
Liquor
Wine
Wine
Wine
Electricity-Nov.
Gas service
Liquor
Wine
Beer
Beer
Wine
Mics. purchases
Misc. Purchases-Nov
Liquor
Wine
Liquor
Wine
Wine
Wine
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary "
fwh-12/22/82
Liquor
Liquor
Wine
Beer-Nov
Liquor
Beer-Nov
Fuel Oil
Wine
Liquor
Wine
Wine
Wine
Liquor
Liquor
Wine
Wine
insurance
Misc. purchases
$
AMOUNT
2,975.19
3,282.10
585.00
711 . 70
176.93
828.14
1 .061 .41
1 62.18
232.36
1,422.54
1,506.25
1,409.30
1,074.57
806.19
253.12
72.97
1,271.35
831.74
3,775.48
961.34
474.05
324.31,
-0-
611 .23
421.1-0
169.87
253.62
85.25
46.20
113.00
35.00
41.72
98'. 00
305.92
387.70
1,732.77
606.23
675.13
2,331.02
4,751.55
2,602.58
1 31 . 08
22.27
937.54
356.76
i87.62
162.82
902.07
1 . 951 .09
275.19
953.85
140.00
458.78
CLAIMS PAID SINCE
LIQUOR FUND - page 2
Check #
9583
9584
9585
9586
9587
9588
9589
9590
9591
9592
9593
9594
9595
9596
9597
9598
9599
9600
9601
9602
9603
9604
9605
9606
9607
9608
9609
"
TO WHOM PAID
Northwestern Bell
Northwestern Bell
NSP
VillageSanitationr
Van Paper Co.
State Treas.
Johnson Bros.
Twin City Wine
Griggs- Cooper
Old Peoria
Midwest Wine
P Q & C Automation
Quality Wine Co.
Harry Feichtinger
Russell Marron
Don Tharlson
Stephen Theis
Sue Culver
Pat Amundson
Pat Pfeffer
Marie Ann Schroeder
Steven Schultz
Mary Skraba
Dean Young
Mtka. State Bk.
Void
Hennessy"Agency
~.- .....
~pprovedby
oreVlood Village Co'
.
1
l
,
--"-1
t.
Dt_T~______.___ ___.__..__...___.
.PURPOSE.
Telephone
Telephone
Electric
Pick-up
Supplies
PERA
Liquor
Wine
Liquor
Liquor
Wine
misc. purchases
Wine
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
Salary
FWH 12/31/82
Audit-insurance
DECEMBER 13, 1982
Total $
$
AMOUNT
91.80
157.83
189.85
54'-00
113.75
330.48
668.41
. 660.12
2,595.14
729.17
299.78
6Q;00
340.30
452.09
298.86
98.78
200.93
50.75
23.10
57.75
10.50
177.33
84.00
232.44
206.70
-0-
115.00
54,244.04
v
,JAMES P. LARKIN
ROBERT t... HO,.F...........
.."eM. F. DALY
Q. KENNETH LINDGREN
ANOREw W,.OA.NIELSON
WENDELL R. ANDERSON
GERALD H. F'RI!:OEL.L
ROBERT e. WHITLOCK
ALLAN E. ....ULLIG...N
ROBERT J. HENNESSEY
RONALD R. FLETCH ER
JAMES C. ERICKSON
EDWARD J. DRISCOLL
JAMES P. MILEY
JOHN A. Mel-lUGH
GCNE N. FULLER
JOSEPH W. ANTHONY
OAVIO C. SELLERGRE.N
JOHN O. FULLMER
ROBERT E. SOYLE
FR....NK I. HARVEY
RICHARO A. FORSCHLER
STE.PI-U::N B. 50LO....ON
ROBERT T. MONTAGUE, JR.
.JAMES .... STROTHER
EMBER O. REICHGOTT
CHARL.ES S. MODELL.
LINOA H. FISHER
THO........S P, STOLT............
STEVEN G. LEVIN
January 6, 1983
5 L.t- E
"1-. ~ <: e~ (( (!.<> r \ i:. .s;
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORTHWESTERN FINANCIAL CENTER
7900 XERXES AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55431
TELEPHONE (6IZ) 835-3800
1700 FIRST B.ANK PLACE WEST
MINNEAPOLIS, MINNESOTA SS40Z
TELEPHONE (6IZ) 338-6610
LARKIN, McCARTHY, NOEL & FALK
SUITE 1110
1301 PENNSYLVANIA, N. W.
WASHINGTON, O. C. 20004
TELEPHONE 1202)737-1000
. 601
IIJ ~u V' ~t-
~ j) r
~_ ~ +--t.., <<;
CHRiSTOPHER.... DIETZEN
peTER K. SECK
RICHARD I. OIAMONO
JOHN R. BEATTIE
JON S. SWtERZEwSKI
MICHAEL S. MARGULIES
T1-40""""'5 J. F'LYNN
ROOERICK I.MA.CKENZIE
F'"ORREST O. NOWLIN
JAMES P. OUIN N
MICHACL C. JACKMAN
MARY E. CURTIN
CANIEL.... QUINLA.N
JEROMe: H. KAHNK&:
TOOO I. F'REE""AN
CA.T....y E. GORLIN
JOSEPH T. GREEN
ANDREW J. MITCHE:LL
DAVID G. MOELLER
JOHN A.. COlTEA
KATHLEEN "".OATES
DANIEL W. LASS
THOMA.S G, ""..c:OONALO
,JANET L. HOLT
BRAOLEY H, LEHRMAN
BEATRICE A.. ROTHWEILER
OF' COUNSEL
JOSEPH Glns
LINN J.VIRE-STONE
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Shorewood City Council Members
This letter provides a summary of the presentation which will be made
on behalf of Naegele at your January 10th meeting regarding the
painted display (Display) on the south side of Highway 7 east of the
Missionary Alliance Church.
Naegele is still exploring possible modifications and alternatives
with the Minnesota Department of Transportation (MDOT) and affected
neighbors which could resolve this matter in a cooperative manner.
In particular, the possibility of moving the sign west towards the
original location is being explored as is the possibility of modifying
its visual effect by berming and vegetative planting. Naeg~le is .
hopeful that an acceptable solution can be presented to the Council
by Monday night.
Naegele's actions in connection with the movement of the Display began
with the filing of a building permit application on May 11, 1982. This
application contained the statement that the sign would be "remodeled"
which, though not totally descriptive of the activity intended, complied
with the four-part activity classification found in the upper left
corner of the building permit application form. Naegele recalls that
a map depicting the approximately l25-foot movement of the Display was
attached to the building permit application as were photos showing the
old and proposed new Display structures.
Following the submission of the application, a meeting was held between
Ron Meilke, from Naegele, and Jim Miller, the City Building Inspector,
on t.1ay 17, 1982. At t.his time, the remodeling plans for the Display
were reviewed including both movement and remodeling/reconstruction.
LARKIN, HOFFMAN, DAI~Y & LINDGREN. LTD.
January 6, 1983
Page Two
It was Naegele's initial understanding, based on a map apparently
obtained from the owner of the property, that the lot was zoned C-3.
This understanding was informally confirmed by inquiry prior to sub-
mission of the application at the City offices. Naegele is now aware
that the property, in fact, was rezoned in 1977 to C-l, the zoning
classification which currently governs the property.
The zoning of the land affected by the movement of the Display was
not of concern to Naegele because it was assumed that since the Display
was being moved only approximately 100 feet on the lot on which it was
currently located, the Display was either permitted within the
applicable district or was an authorized nonconforming structure
which could be moved. Further, Naegele representatives fully expected
that if any zoning concern was present, it would be noted by the City
and an appropriate modification or change of Naegele's plans would be
required.
Work on taking down the old and constructing the new Displays was
begun on August 27, 1982. Shortly after work was begun, Mr. Miller
advised workers at the site that a temporary road grading permit was
necessary before they could proceed. Naegele immediately applied
for a grading permit and following its receipt recommenced construction.
There was no mention to anyone connected with the project at any time
during the period between the building permit issuance and Display
construction that Naegele's activities violated the zoning ordinance,
building code or any other requirement apart from those relating to
the temporary road and watershed district.
To further complicate matters, while Naegle is willing to reconstruct
the old Display or move the new one back to the old location, the
Minnesota Supreme Court, in August, decided that MDOT's rule precluding
advertising devices within 100 feet of t~e lot boundary on which a
church is located was reasonable and lawful. Meetings and conversations
with the MDOT personnel administering the Highway Beautification Act
strongly indicate that they will not grant an appropriate permit
necessary to move the Display back to its previous location.
At this juncture, Naegele finds itself in a very difficult position.
While it wants to accommodate the City and State, the removal of the
Display would be a significant economic and business loss (approximately
$190,000) .
Naegele has explored and is willing to continue to explore any and all
solutions to this situation short of permanently removing the sign.
It is Naegele's position that it was the responsibility of Shorewood
~
LARKIN. HOFFMAN, DALY & LINDGREN. LTD.
January 6, 1983
Page Three
representatives to advise Naegele of the zoning conflict prior to the
movement of the Display and that there was ample time and opportunity
following the receipt of information regarding the proposed activity
and prior to construction to correct any misunderstanding created by
the referenced "remodeling" in its building permit application and
advise that a zoning conflict existed. Had Naegele been so advised,
the old Display could have been retained and an application for a
variance could have been submitted. Had the variance application been
denied, Naegele would have continued to maintain the old Display at
the previous location. Further, if the State's condemnation a~tion
had been pursued, Naegele would have been compensated for the removal
of the Display at the old location.
Further, a thorough internal review of the situation by Naegele
establishes that there was no attempt on the part of Naegele personnel
or anyone employed by Naegele to disregard or circumvent the City's
ordinances. The only additional explanation which can be offered to
explain the situation is that work on the Display occurred simultaneously
with the upgrading of numerous other Naegele displays in the metropolitan
area which made Naegele's possible detection of an unknown problem even
more unlikely. /
In light of the above, Naegele requests that the City not adopt the
proposed findings and conclusions relating to the removal of the
Display and instead reconsider the resolution revoking the building
permit for the Display and grant a variance authorizing the movement
of this nonconforming structure in accordance with the provisions of
Section 9, Subd. 4 and Section 6, Subd. 2 of the Zoning Ordinance. A
variance could be issued subject to appropriate mitigation requirements
designed to minimize the impact of the relocated Display on adjacent
property owners. Specifically, Naegele suggests that the variance be
granted subject to moving the Display approximately 50 feet west of
its present location and the installation of appropriate plantings
around the base of the Display and on the adjacent residential lot of
Mr. Frank Davidson at a minimum.
I thank you for your consideration of the above and I will be in
attendance at the Council meeting of January 10th to make a presentation
and respond to any questions you might have.
Sincerely,
Forrest D. "Dick" Nowlin, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
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cc: City Manager