021395 CC Reg AgP
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CITY COUNCIL REGULAR MEETING
CITY OF SHOREWOOD
MONDAY, FEBRUARY 13, 1995
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Following adjournrrent of the regular meeting the Council will meet in
Work Session forrrat. No action will be taken at this time.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll Call
Malam
McCarty
Mayor Bean
Stover
Benson
B. Review Agenda
C. Presentation of Plaque - Barbara Brancel
2 . APPROVAL OF MINUTES
A. City Council Work Session Minutes - January 19, 1995
(Att.-#2A Minutes)
B. City Council Regular and Work Session Minutes -
January 23, 1995 (Att.-#2B Minutes)
3 .
CONSENT AGENDA -
Consent Agenda &:
Mot ion to approve
Adopt Resolutions
items on
Therein:
A. A Motion to Adopt a Resolution Approving a Building
Moving Permit and Conditional Use Permit for Accessory
Space in Excess of 1,200 Square Feet (Att.-#3A Proposed
Resolution)
Applicant: James Pennington
Location: 5860 Eureka Road
B. A Motion to Adopt a Resolution Approving a Variance to
Shore land District Hardcover Regulations and a Variance to
Expand a Non-Conforming Structure (Att.-#3B Proposed
Resolution)
Applicant: Gene Gopon
Location: 20645 Radisson Road
C. A Motion to Adopt a Resolution Approving a Conditional
Use Permit for Accessory Space in Excess of 1,200 Square
Feet (Att.-#3C Proposed Resolution)
Applicant: Steven Simon
Location: 26710 Edgewood Road
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CITY COUNCIL AGENDA - FEBRUARY 13, 1995
Page 2 of 3
D. A Motion to Approve the Annual Half-Marathon Easy Race
to Traverse the City - Sunday, May 7, 1995 (Att.-#3D Letter
of Request)
E. A Motion to Approve a Full-time Employee Position at
the City Liquor Store (Att.-#3E Memorandum)
F. A Motion to Approve a Subordination of RepaYment
Agreement - Donald & Ann Moe (Att.-#3F Subordination
Agreement)
G. A Motion to Approve a Resolution Approving Supplement
Agreement No. 1 - Old Market Road Sidewalk Project - City
Project #94-2, State Aid Project #216-111-02 (Att.-#3G1
Engineer's Letter; #3G2 Proposed Resolution)
4 .
MATTERS FROM THE FLOOR (Presentations
to 3 minutes. No Council action will
are limited
be taken.)
5. PARKS - Report by Liaison Bill Colopoulos
Report on Park Commission Meeting Held January 24, 1995
6 .
PLANNING
Report by Representative
7 . CONSIDERATION OF A SHOW DOG, SPECIAL PERMIT (Att.-
#7 Application & Documentation)
8 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
APPROVING A NON-INTOXICATING MALT LIQUOR LICENSE
HOLIDAY COMPANIES, 19955 HIGHWAY 7
9 . DISCUSSION OF POLICY ISSUES
.10. ADMINISTRATOR &: STAFF REPORTS
A. Engineer's Report on Drainage Issues on Minnetonka
Drive (Att.-#10A Engineer's Memorandum)
B. Engineer's Report on Shady Island Bridge Repairs
(Att.-#10B Engineer's Memorandum)
C. Attorney's Report on Age Restrictions on Season's
Senior Development (Att.-#10C Attorney's
Memorandum)
D. Attorney's Report on Language in Kennel Ordinance
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CITY COUNCIL AGENDA - FEBRUARY 13, 1995
Page 3 of 3
E. Planner's Report on Compliance of Gideon's Woods
Development with PUD Requirements
F. Discuss Temporary Permit for Charitable Fund
Raising Events
11. MAYOR &: CITY COUNCIL REPORTS
12. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF
CLAIMS (Att.-#12)
WORK SESSION
1 . REACH CONSENSUS ON PRIORITIZATION OF ISSUES
2 . DISCUSSION ON COMPREHENSIVE PLAN UPDATE
PREPARATION FOR PLANNING COMMISSION PUBLIC
HEARING AND STATUS OF MORATORIUM
3 . ADJOURN
MAYOR
Robert Bean
CITY OF
SHOREWOOD
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
DOlJ9 Malam
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
EXECUTIVE SUMMARY
SHOREWOOD CJ:TY COUNCJ:L MEETJ:NG
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MONDAY, FEBRUARY 13, 1995
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Aaenda Item #3A: This resolution approves a conditional use
permit for James Pennington, 5860 Eureka Road, which will
allow him to build a detached garage at the rear of his
property. Approval requires a four-fifths vote of the
Council.
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Aaenda Item #3B: This resolution approves a variance for
Gene Gopon, 20645 Radisson Road,to expand a nonconforming
house, subject to several conditions, one of which is that
the upper level addition must comply with the 35-foot front
yard setback. Approval requires a four-fifths vote of the
Council.
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Aaenda Item #3C: This resolution approves a conditional use
permit for Steven Simon, 26710 Edgewood Road, which will
allow him to build an attached garage, add on to an existing
detached garage and build a pool house, subject to several
conditions.. One of the conditions is th,at a landscape plan
be provided which will restore the damaged shoreline on the
property. Approval requires a four-fifths vote of the
Council.
Aaenda Item #3D: This motion approves the annual half
marathon easy race between Wayzata and Excelsior scheduled
for Sunday, May 7. The South Lake Police Department will
cooperate as they have in the past years.
Aaenda Item #3E: This motion will approve a change in status
from Part-time to Full-time for Jim Eakins for the liquor
store. Manager Bill Josephson has communicated with the
Liquor Committee on this change.
A Residential Community on Lake Minnetonka's South Shore
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CITY COUNCIL MEETING OF FEBRUARY 13, 1995
Page 2 of 2
AGenda Item #3F: A motion is required to authorize the Mayor
and City Administrator to sign a subordination agreement.
This is necessary so that Donald and Ann Moe can refinance
their home. It is in relation to a CDBG housing rehab loan
previously given by the City.
AGenda Item #3G: Approval of this Supplemental Agreement and
adoption of this resolution will allow 100% MSA funding of a
stone retaining wall necessary for the Old Market Road
sidewalk project.
AGenda Item #7: The Prosecuting Attorney has confirmed that
Ms. Evertz did plead guilty and has paid a fine for not
having the appropriate dog/kennel licenses. He also
confirmed that the request could be tabled without adversely
affecting the applicant, should the Council wish to amend the
current Code.
AGenda Item #8: This is an application for a 3/2 beer
license for the Holiday Station at Waterford shopping center.
Enclosed in the packet is an excerpt of the September 26,
1994 City Council minutes where the Fina Mart was turned down
upon having made the same request.
AGenda Item #10: The various reports are included in the
packet or will be given verbally at the Council meeting.
Work Session: Enclosed under separate cover is the list of
issues with the priorities as determined on an individual
basis. We will ask the Council to come to a consensus on the
prioritization at the Work Session after the regular meeting.
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DRAFT
CITY OF SHOREWOOD
COUNCIL WORK SESSION
THURSDAY, JANUARY 19, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 PM
MINUTES
WORK SESSION
1. Mayor Bean opened the meeting at 7:00 p.m.
Present: Mayor Bean; Councilmembers Benson, Stover, McCarty and
Malam; and Administrator Hurm
Visioning Session
The City Council listed issues facing the City in 1995. Following this brainstorming exercise, a
list of issues identified by City staff was reviewed. Administrator Hurm reviewed for the City
Council the accomplishments of the City over the last four years. There was some discussion on a
goal setting process. There was discussion on the best way to get the general public involved in
goal setting. It was determined that staff would make a list of all the issues identified by Council
and staff and send it out to members of the Council who would prioritize the issues independently.
At another work session the Council will come to a consensus on issue priorities.
2. ADJOURN
There being no further discussion, the work session was adjourned at 10:00 p.m.
, RESPECTFULLY SUBMITTED.
James C. Hurm,
City Administrator
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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DRAFT
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, JANUARY 23, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Bean called the meeting to order at 7:00 p.m.
A. Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover;
Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning Director
Nielsen, and Financial Director Rolek.
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B.
Review Agenda
Benson moved, Malam seconded to approve the agenda for January 23, 1995.
Motion passed 5/0.
INTRODUCTION OF FIRE CHIEF
Mayor Bean invited Fire Chief Dick Mahaffey and Assistant Chief David Hoo to introduce
themselves and address Shorewood residents. Chief Mahaffey described the services provided by
the Excelsior Fire Department. Assistant Chief Hoo stated the Department looks forward to
serving the communities and working with the staff and Council.
2. APPROVAL OF MINUTES
.
A.
B.
City Council Regular and Work/Executive Session Minutes - January 9, 1995
City Council Work and Executive Session Minutes - January 10, 1995
Stover moved, McCarty seconded to approve the Regular Council Meeting and
Work/Executive Session Minutes of January 9, 1995 and the Council Work and
Executive Session Minutes of January 10, 1995. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for January 23, 1995..
McCarty moved, Stover seconded to approve the Motion on the Consent Agenda
and to adopt the Resolutions therein:
A. RESOLUTION NO. 95-9, "A Resolution Allowing Parking on the East Side
of Old Market Road."
B. RESOLUTION NO. 95-10, "A Resolution Revising the City of
Shorewood's Wage & Salary Range Chart for 1995 and Setting the Monthly
Contribution Toward the Monthly Insurance Premium for City Employees."
Effective 01-01-95.
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REGULAR CITY COUNCIL MINUTES
January 23, 1995 - PAGE 2
C. Motion to Approve the City Administrator's Employment Agreement.
D. RESOLUTION NO. 95-11, "A Resolution of Merit." J. Hurm, City
Administrator.
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
Hurm directed the Council's attention to an amendment to Chapter 802.02 of the City Code
proposed for adoption to make consistent all sections of the Code with respect to allowable hours
of snowmobile use in Shorewood.
Stover moved, Benson seconded to adopt ORDINANCE NO. 296, "An Ordinance
Amending Chapter 802.02 of the Shorewood City Code Regarding General
Operation on Streets and Highways of Snowmobiles." Motion passed 5/0.
6. PLANNING
Commissioner Turgeon reminded residents that information meetings on the Comprehensive Plan
Update are scheduled for January 30-31 and February 6-7,1995. An overview of the Plan may
also be seen on cable television Channel 21.
.
A. A Motion to Direct Staff to Prepare Findings of Fact Approving a Building Moving Permit
and Conditional Use Permit for Accessory Space in Excess of 1200 Sq.Ft. Applicant:
James Pennington. Location: 5860 Eureka Road.
Nielsen reviewed the applicant's proposal to move a 26'x 30' garage/storage building to his
property which in combination with an existing attached garage exceeds 1200 sq.ft. of accessory
space. A conditional use permit for accessory space in excess of 1200 sq. ft. is required (details in
Nielsen's 12-29-94 memorandum). The request complies with zoning code criteria. Nielsen
recommended approval of the request subject to conditions that: 1) the proposed building be
reconstructed according to the State Building Code and completed within 6 months of approval of a
building permit or if the building is moved to the applicant's property, the moving route be
approved by the City Engineer, and 2) no home occupation may be conducted within an accessory
building unless a separate conditional use permit is approved by the City.
Malam noted that during Planning Commission review of the request, the applicant stated the
accessory building will not be used for any commercial application, but will be used to store
personal property.
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REGULAR CITY COUNCIL MINUTES
January 23, 1995 . PAGE 3
Malam moved, Stover seconded to direct the staff to prepare a findings of fact
approving a building permit and conditional use permit for accessory space in
excess of 1200 sq.ft. for James Pennington, 5860 Eureka Road. Motion passed
5/0.
B. A Motion to Direct Staff to Prepare Findings of Fact Approving a Variance to Shoreland
District Hardcover Regulations and a Variance to Expand a Non-Conforming Structure.
Applicant: Gene Gopon. Location: 20645 Radisson Road.
Nielsen reviewed the applicant's proposal to substantially re-model a recently purchased home at
20645 Radisson Road. The project includes adding a room on the east side of the house and a
second floor bedroom addition over the existing garage. The existing property does not comply
with R-1C/S zoning district requirements in several ways as detailed in Nielsen's 12-27-94
memorandum. Nielsen described the project and emphasized that the project is a significant
endeavor with respect to the structure. He related the applicant's efforts to maintain the existing
hardcover on the site.
Nielsen explained that Code allows expansion of nonconforming structures or uses provided the
expansion complies with current requirements and does not increase nonconformance. Approval of
the variances is recommended with limitations: 1) the bedroom addition over the garage must
comply with the 35' setback requirement; 2) the deck nearest the lake must be reduced to a 4'
maximum width; 3) the 8'x 8' deck near the lake must be removed; and 4) the proposed sidewalk
must be reduced to 4' in width. Nielsen reviewed possible methods for complying with condition
1). He stated the recommendation allows the applicant to substantially upgrade the property and
achieve closer compliance with zoning requirements.
Malam reported the Planning Commission recommended approval of the variances (including 4
staff conditions) on a 6/1 vote with additional conditions requiring clean-up of the property and
correction of encroachments involving the dock and boat landing. Malam stated that although he
concurred with the Commission's vote for approval, he did not strongly support the limitation
imposed by condition 1) requiring that the bedroom to be built over the garage be jogged back by
1-1/2' to comply with the 35' setback from the street right-of-way.
Bean requested clarification whether a vertical extension increases nonconformity. Keane
explained that the test is whether the intensity of the nonconformance is increased and each
evaluation is made on a case by case basis. Nielsen stated that vertical expansion at the setback line
has not been generally allowed, but the applicant prefers to build to the front edge of the garage.
Mr. Gene Gopon, the applicant, expressed appreciation for staff and the Planning Commission
assistance on this project. He displayed a paper triangle (18" at its widest point narrowing to
nothing) to visually illustrate the minimal nature of the 1-112'. area of nonconformance referred to in
condition 1). He circulated photographs of the subject property and explained that construction
without the variance would require addition of a metal roof extension resulting in additional cost
and aesthetic damage. Gopon stated the request to construct the room addition above the garage
flush with the garage is reasonable since the average setback is in conformance. He requested that
a building permit be approved to expedite work on the project.
Ms. JoEllen Hurr, the applicant's architect, explained that granting the variance is supported by
conditions outlined in the Code in that it does not impair the supply of light or air to adjacent
property, unreasonably increase congestion in the public street, increase fire danger or endanger
public safety, diminish or impair established property values in the neighborhood, and does not
REGULAR CITY COUNCIL MINUTES
January 23, 1995 - PAGE 4
violate the intent and purpose of variances within the Comprehensive Plan. She explained a survey
and photos attached to the Gopon's 01-17-95 memorandum which show that the second level
above the garage built flush would be 45' from the traveled road.
During discussion, the Council extensively considered the Planning Commission's review, the
definition of hardship, precedents, existing footprint of the home, the size of the variance, street
right-of-ways, hard surface coverage, intent of the code for expanding nonconformity, and design
options. Mr. Gopon explained that design options are not acceptable, complete destruction of the
home was investigated, but rejected, and reiterated that the code provides Council discretion to
grant the requested variance to allow reasonable use of the property.
Malam moved, McCarty seconded to direct the staff to prepare a findings of fact
approving the application of Gene Gopon, 20645 Radisson Road, for a variance
to expand a nonconforming structure and a variance to hard surface requirements
subject to conditions 2), 3), and 4) of the 12-27-94 staff report, and cleanup of
debris and correction of dock and boat securing area encroachments. Motion
failed 2/3. Bean, Benson, and Stover voted nay.
McCarty and Malam acquiesced with the Council majority consensus, even though they supported
the applicant's request for the 1-1/2' variance with respect to the second floor addition above the
garage, and commended the improvements to the property.
Stover moved, Benson seconded to direct the staff to prepare a findings of fact
approving the application of Gene Gopon, 20645 Radisson Road, for a variance
to expand a nonconforming structure and a variance to hard surface requirements
subject to conditions 1), 2), 3) and 4) of the 12-27-94 staff report, and cleanup
of debris and correction of dock and boat securing area encroachments. Motion
passed 5/0.
The Council approved issuance of a building permit, before formal adoption of the findings of fact
resolution, for the remodeling project proposed by Mr. Gene Gopon at 20645 Radisson Road.
C. A Motion to Approve an Extension Regarding Notice to Remove.
Appellant: Peter Zucco. Location: 4485 Enchanted Point.
Nielsen reviewed the applicant's appeal for an extension to comply with a Notice to Remove dated
November 10, 1994. Nielsen recommended that, as outlined in his 01-19-95 memorandum, the
applicant be given 30 days to correct all violations except that the deadline for removal of a large
boat be extended to May 15, 1995.
The appellant was not present at the meeting.
Benson moved, Stover seconded to approve the appeal of Peter Zucco, 4485
Enchanted Point, for extension of a deadline to February 23, 1995, to correct
violations cited in a 11-10-94 Notice to Remove, with time for removal of a large
boat extended to May 15, 1995. Motion passed 5/0.
7. DISCUSSION OF POLICY ISSUES
Consideration of a Policy Allowing Staff to Waive Late Penalties
Mayor Bean read the proposed policy prepared for the Council's consideration that authorizes the
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REGULAR CITY COUNCIL MINUTES
January 23, 1995 - PAGE 5
Finance Director discretion to abate a late penalty from a residential utility billing account in an
amount not to exceed $25 under 5 specific criteria (details in Rolek's 01-19-95 memorandum).
Rolek stated the criteria must be clear to provide fair and equal administration of the policy. This
policy does not preclude the appeal process available to residents.
McCarty moved, Malam seconded to approve the Policy Allowing the City
Finance Director to Waive Late Penalties on Residential Utility Billing Accounts
as presented. Motion passed 5/0.
8. ADMINISTRATOR AND STAFF REPORTS
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A. Report on 1994 Objectives
B . Review of Mission Statement and City Values
Hurm directed the Council's attention to the 1994 objectives status report and noted that the
Council's review of 1995 objectives is scheduled for July. The Council had no comments or
questions.
Hurm read the "City of Shorewood Mission Statement" and "City Values" which are both
reviewed annually. The Council accepted both statements as presented with a correction to the
spelling of the word "roll" to "role" in the fIrst line of the "Shorewood City Values" document.
Dresel reported that MNDot approved installation of stop signs and a flashing warning light in the
Old Market Road/Frontage Road intersections.
9. MAYOR AND COUNCIL MEMBER REPORTS
Mayor Bean reviewed matters discussed at a recent South Lake Police Department meeting. He
noted that Shorewood will negotiate the police department union employment contract in 1995 with
the assistance of Excelsior and Tonka Bay. Mayor Bean will serve as the 1995 Vice Chair of the
Joint Powers Committee.
13. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF
CLAIMS
.
Benson moved, McCarty seconded to adjourn the City Council meeting at 8:23
p.m. to a work session format, subject to approval of claims. Motion passed 5/0.
The Council reconvened in a work session to discuss Comprehensive Plan issues.
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CITY OF SHOREWOOD
COUNCIL WORK SESSION
MONDAY, JANUARY 23, 1995
COUNCIL CHA1V1BERS
5755 COUNTRY CLUB ROAD
8:40 P.M.
MINUTES
DRAFT
WORK SESSION
Mayor Bean convened the work session at 8:40 p.m.
Present:
Mayor Bean; Councilmembers Benson, McCarty, Malam, and Stover; City
Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning
Director Nielsen, and Financial Director Rolek.
Stover commented on distnbution of information and suggested that various communication
. pieces could be combined with utility bill mailings to residents.
Keane reviewed the favorable lease arrangements negotiated for the City's liquor store at
the Waterford Shopping Center.
1. DISCUSSION ON COMPREHENSIVE PLAN ISSUES
Hurm directed the Council's attention to his 01-19-95 memorandum outlining a financial
plan to fulfill objectives of the Community Facilities Chapter of the Comprehensive Plan
with respect to construction of a water tower and water hookup to 3 new developments on
the west side of Shorewood. He reviewed the plan and accompanying attachments. Hurm
noted the proposal contains a number of assumptions and pointed out that other revenue
sources, not included in this plan, are available.
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The Council and staff participated in a discussion of the proposed plan. The Council
generally agreed that the proposal provides a basis for negotiation with the developers for
their financial participation to construct a water tower and provide water to the new
developments. It was acknowledged that other financial options are available and that
detailed procedures for implementation and related policies (including assessment) must be
developed. It was agreed that presentation to residents oia unified position of support by
the staff, Council, and Planning Commission on the water-related section of the updated
Comprehensive Plan is important.
2. ADJOURN
Stover moved, Benson seconded to adjourn the work session at 9:30 p.m. Motion passed
5/0.
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDffiONAL USE PERMIT
FOR ADDffiONAL ACCESSORY SPACE
TO JAMES PENNINGTON
WHEREAS, James Pennington (Applicant) is the owner of real property located at 5860
Eureka Road in the City of Shorewood, County of Hennepin, legally described as:
"The north 149.79 feet of Lot 5, Meeker's Outlots to Excelsior."; and
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WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the
construction of a detached garage, the area of which, when added to the area of an existing attached
garage, will bring the accessory space up to 1462 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
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WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
29 December 1994, which memorandum is on me at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 3 January 1995, the minutes of
which meeting are on me at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 23 January 1995, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff. '
NOW, THEREFORE, BE IT RESOL VED by the City Council of the City of Shorewood
as follows:
FINDINGS OF FACT
1 . That the total proposed accessory space (1462 square feet) does not exceed the floor
area above grade of the principal structure (1536 square feet).
2 . That the total area of accessory space does not exceed 10% of the minimum lot area
for the R-IA Zoning District in which it is located (.10 x 40,000 = 4000 square feet).
3 . That design and materials of the garage are consistent with the architectural
character of the existing home.
4. That the proposed garage complies with all setback requirements for the
R-1A District.
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CONCLUSION
1. That the application of James Pennington for a Conditional Use Permit as set forth
hereinabove be and hereby is granted.
2. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of
Titles. .
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of February, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING VARIANCES
TO GENE GOPON
WHEREAS, GENE GOPON (Applicant) is the owner of real property located at 20645
Radisson Road. in the City of Shorewood. County of Hennepin, legally described as:
"Tract A, Registered Land Survey Number 550"; and
WHEREAS, the subject property does not comply with R-IC/S zoning district
requirements for width, area, side yard setbacks, front setback, lake setback and hard surface
coverage; and
WHEREAS, the Applicant proposes to replace the entire second floor of the existing home,
add a two-story addition on the east side of the house and an addition over the existing attached
garage; and
WHEREAS, the Applicant has applied for a variance to expand a nonconforming structure,
and a variance to the front yard setback requirement; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 27
December 1994, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 3 January 1995, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 23 January 1995, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
FINDINGS OF FACT';
1. That the existing home on the property is located 10.1 feet from the east side of the
lot, 12.3 feet from the west side of the lot, 33.5 feet from the front of the lot, and 72.0 feet from
the Ordinary High Water Level (O.H.W.L.) of Christmas Lake.
2. That three decks are located within the 75-foot setback area from Christmas Lake.
3. That the property is located in the R-1C/S, Single-Family Residential/Shoreland
zoning district. which requires the following setbacks:
a. Front-
b. Side-
c. O.H.W.L.-
35 feet
30 feet total with no one side less than 10 feet
75 feet
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4. That structures on properties on both sides are closer to Christmas Lake than 75
feet, establishing an average setback line of less than 75 feet.
5 . That the existing home contains 2039 square feet of area, and the Applicant
proposes to enlarge it to 2560 square feet of area.
CONCLUSION
A. That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the City Code and has established an undue hardship as defined by Minnesota Statutes
Section 462.375, Subd. 6(2).
B . That based upon the foregoing, the City Council hereby grants the Applicant a
variance to expand a nonconforming structure.
That this approval is conditioned upon the following:
The room addition over the existing garage shall comply with the 35-foot front yard
setback requirement.
The deck nearest the lake shall be reduced to four feet in width or less. Any portion
of the deck or stairway which extends over the property line shall be removed.
The 8' x 8' deck near the lake must be removed.
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The proposed sidewalk must be reduced to four feet in width.
The Applicant's dock and boat lift shall be brought into conformity with
Shorewood's setback requirements.
Except for the front garage wall, the existing first level walls shall remain standing.
D. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of February, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
- 2 -
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDmONAL USE PERNITT
FOR ADDmONAL ACCESSORY SPACE
TO STEVEN SIMON
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WHEREAS, Steven Simon (Applicant) is the owner of real property located at 26710
Edgewood Road in the City of Shorewood, County of Hennepin, legally described on Exhibit A,
attached hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to construct
an attached garage, remodel and add to an existing detached garage, and build a pool house, the
area of which, when added to the area of existing accessory space, will bring the accessory space
up to 2458 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
29 December 1994, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 6 December 1994, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 9 January 1995, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council fro.m the City
staff.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood
as follows:
FINDINGS OF FACT
1. That the total proposed accessory space (2458 square feet) does not exceed the floor
area above grade of the principal structure (4500 square feet)..
2. That the total area of accessory space does not exceed 10% of the minimum lot area
for the R-IA/S Zoning District in which it is located (.10 x 40,000 = 4000 square feet).
3 . That design and materials of the accessory buildings are consistent with the
architectural character of the existing home.
4. That the proposed accessory buildings, except for an existing boathouse, will
comply with all setback requirements for the R-IAlS District.
3/G~
.
.
CONCLUSION
1. That the application of Steven Simon for a Conditional Use Pennit as set forth
hereinabove be and hereby is granted, subject to the following conditions:
a. The existing concrete pad north of the tennis court must be corrected to comply with
setback requirements.
b. The Applicant must prepare a landscape plan which restores vegetation on the
shoreline of the property to its former extent. The landscape plan shall be subject to
approval by the City and the Department of Natural Resources.
c. Upon approval of the landscape plan the applicant must provide bids from a
certified nurseryman, from which the amount of a letter of credit shall be determined. The
letter of credit shall extend for two growing seasons.
2. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of February, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm
City Administrator/Oerk
- 2 -
Legal Description:
.
"A traCt of land comprising a portion of Government Lot 3. Section 29, Township 117. Range
23 which tract of land is particularly described as: Commencing at a point in the South line
of said Lot 3 at a point in said..line which is 230 feet East along said line from the Southwest
comer of said Government Lot 3; thence North parallel to the platted East line of Auditor's
Subdivision Number Ninety-one (91), 220 feet to the actual point of beginning of the land to
be described; thence North parallel to the platted East line of said Auditor's Subdivision,
68.24 feet, more or less, to the center line of South Street extended as shown upon the plat of
Block 1, Sampson's Upper Lake" Park. Lake Minnetonka; thence Northeasterly along said
center line 46.1 feet; thence Northwesterly along a line parallel with the more Northerly of
the platted Easterly lines of said Auditor's Subdivision Number N'mety-one (91) to the
ordinary high water line of Lake Minnetonka; thence Northeasterly along said latter line to its
point of intersection with an extension NorthweSterly of the Northeasterly line of Lot 4 of
.said Plat; thence Southeasterly along the Northeasterly line of said Lot and said extension
thereof a distance of 325.5 feet, more or less. to the South line of South Street; thence
Southwesterly along the South line of said Street, 9.45 feet, more or less, to the point of
intersection of said line with a line drawn North 1 degree 3 minutes West from a point in the
South line of said Government Lot 3 which line is distant 791.5 feet West along said line from
the Southeast comer of said Lot 3; thence South on said last described line a distance of
379.15 feet, more or less. to the South line of said Lot 3; thence West along the south line of
said Lot 214.2 feet, more or less. to a point in said South line distance 309 feet East from the
Southwest corner of said Government Lot 3; thence North parallel to the West line of said lot,
180 feet; thence West parallel to the South line of said lot, 29.75 feet; thence North parallel to
the West line of said Lot, 40 feet; thence West parallel to the South line of said lot, 49.25 feet
to said actual point of beginning.
Lot 3, Block 1, Sampson's Upper Lake Park. according to the recorded plat thereof.
That pan of the vacated Lakefront as shown on the plat of Sampson's Upper Lake Park.
including the accretions thereto. lying between the extensions to the shore of Lake
Minnetonka of the Northeasterly line of Lot 3 and the Southwesterly line of Lot 3, Block 1.
Sampson's Upper Lake Park.
That part of the vacated undesignated. street adjoining the Southeasterly line of Lot 3. Block
1, Sampson's Upper Lake Park lying Northeasterly of the Southeasterly extension of the
Southwesterly line of said Lot 3 and lying WeSterly ofa line bearing North 1 degree 03
minutes West from a point on the South line of Government Lot 3, Section 29, Township 117.
Range 23. distant 791.50 feet West from the Southeast carper of said Government Lot 3 (for
purposes of the bearing herein, the South line of said Government Lot 3 is assumed as
bearing East and West)." .
P.L~. 29-117-23-34-0017
.
Exhibit A
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NORWE5T BANKS
.....
........
Norwest Bank Minnesota, N.A.
Wayzata Office
900 East Wayzata Boulevard
Wayzata, Minnesota 55391
612/473-8855
January 20, 1995
Mayor Robert Bean
City of Shorewood
5755 Country Club Road
Shorewood,~ 55331
Subject: Lake Minnetonka Half Marathon
Dear Mayor Bean:
Our annual Lake Minnetonka Half Marathon between Wayzata and Excelsior has been
scheduled for Sunday, May 7, 1995. We will start in Wayzata at 8:30 A.M. and use the
same route as in past years.
Once again, we will be contributing race proceeds to area community organizations.
Please send me any permit applications your ordinances may require. I will complete and
return them immediately upon receipt.
If you have any questions, please call me at 476-3882.
Sincerely,
idJw~
Paul W. Maahs
Vice President
PWMJld
~3D
TEL:
Jan 25'95
9:38 No.010 P.02
TO:
Shorewood City Council
RE:
Full time employment for Jim Eakins
From:
Bill Josephson mgr. liquor operations
.
I would like to request that our current part time employee. Jim
Eakins. be raised to a level of full time employee. This position
became necessary with the opening of our new liquor store at
Waterford Center. Jim has been working with us In a part time
capacity and has demonstrated all the qualities and skills
necessary to be successful at this position. Jim will be
assigned to our store next to Drlscolls Super Value. Dean Young
will move from that site to our new location. I would hope that
the council would accept this recommendation and proceed with
this promotion as soon as possible. I personally feel the city of
Shorewood, and specifically our liquor operation, will be well
served by this new action.
Sincerely,
William Josephson
mgr. liquor operations
.
~3E-
" -
~
:-'-..\.
HennepJDOp~goyn ty
],lI1lCS :V1. Buure\. ClIUnt'y .t\clmml'tLltUf
;'''<'-f- '1'<",
'jf;!:,;!-j..';(/';';';
January 23, 1995
Mr. James Hurm
City of Shorewood
5755 Country Club Road
Shorewood MN 55331
.
Dear Mr. Hurm:
Re: Subordination of Repayment Agreement
The continuing, and seemingly endless, saga of the Moes and the refinancing of their home
requires yet another Subordination, this time to correct our error in ascribing Mrs. Moe an
incorrect middle initial. Please have the Subordination executed by the Mayor and yourself and
then forward it to;
Charlette Enfield,
Wilkerson, Lang & Hegna, P.L.L.P.,
11 00 Northland Plaza,
3 800 West 80th Street
Bloomington MN 55431-4426
File No. 9086.0287
.
If you will be kind enough to send us a copy of the executed document it will be greatly
appreciated. I hope you will accept my apology for the blunder which caused the continuation of
this process. If you have any questions, please call me at 541-7082.
Sincerely
~
Jim Graham
Senior Planner
Ene.
Office Of Planning & Development
Development Planning Unit
10709 Wayzata Boulevard, Suite 260
Minnetonka, Minnesota 55305
(612) 541~7080 FAX:(612) 541~7090
Recycled Paper
~3(
..
SUBORDINATION AGREEMENT
This Agreement entered into this day of , 1995 by the City of
Shorewood, a body corporate and politic of the State of Minnesota, having its principal
office at 5755 Country Club Road, Shorewood, (hereinafter referred to as "Lender");
agreeing as follows:
A. The undersigned is the Lender under that certain Urban Hennepin County
Housing Rehabilitation Deferred Loan Program Repayment Agreement filed in the
Office of the County Recorder, Hennepin County, Minnesota as Document Number
5483855 ("Repayment Agreement").
B. First Union Home Equity has agreed to make a mortgage loan to Ann I. Moe aka Ann
D. Moe and Donald Henry Moe, husband and wife, which is secured by a first
mortgage on the real estate ("The Premises") described as;
. Block 4 Addition Minnetonka Manor Lot 22 and that part of Lot 23 Lying
Southerly of the Southwesterly line of Lot 21 Extended
.
C. As a condition precedent to First Union Home Equitys' disbursement of Loan proceeds,
it has required that the undersigned subordinate its Repayment Agreement and interest
in the Premises in all respects to the lien of First Union Home Equity's mortgage.
D. First Union Home Equity is disbursing the loan proceeds in reliance upon the
agreements contained in this instrument, but for which it would not disburse the loan.
Now, therefore, in consideration of the sum of One and 0/100 Dollar ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Lender agrees as follows:
The Repayment Agreement and the rights of Lender under the Repayment Agreement
and in the Premises are hereby subjected and subordinated and shall remain in all
respects and for all purposes subject, subordinate and junior to the lien of the mortgage of
First Union Home Equity with Ann I. Moe aka Ann D. Moe and Donald Henry Moe,
husband and wife, and to the rights and interest of the holder of First Union Home Equity's
mortgage, as fully"and with the same effect as if First Union Home Equity's mortgage with
Ann I. Moe aka Ann D. Moe and Donald Henry Moe, husband and wife, had been duly
executed, acknowledged and recorded, and the indebtedness secured thereby had been
fully disbursed, prior to the execution of the Repayment Agreement.
City of Shorewood
Robert Bean, Mayor of the City of
Shorewood
James C. Hurm, Clerk-Manager of the City of
Sh6rewood
SUBORDINATION AGREEMENT
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1995, by Robert Bean, Mayor of the City of Shorewood and by James C. Hurm, Clerk-
Manager of the City of Shorewood, a body corporate and politic of the State of Minnesota,
on behalf of the City.
This document was drafted by:
Hennepin County Development Planning Unit
10709 Wayzata Boulevard,
Suite 260,
Minnetonka MN 55305
Phone 541-7082
Notary Public
"*"-. ". ~
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OSM & ASSOCIATES
QSM~~elen
May~&
AsSociates, Inc.
300 Park Place center 612-595-5775
5775 Wa~ata Boulevard 1-800-753-5775
Minneapolis, MN 55416-1228 FAX 595-5774
February 8, 1995
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Old Market Road Sidewalk
City of Shorewood
Project No. 94.2
OSM Project No. 5218.05
Dear Mayor and City Council Members:
Attached please fmd Supplemental Agreement No.1 in the amount of$5,625.00 for the referenced
project Approval of this Supplemental Agreement will make it possible to receive 100% funding
from MSA for a stone retaining wall necessary for the completion of the referenced project.
We had hoped to avoid the use of such a retaining wall. However, once the location of the walk was
staked in the field, it became obvious that maintenance and aesthetic problems made the wall
necessary.
We recommend approval of the attached Resolution approving the Supplemental Agreement. We
will then submit the Agreement, if approved, to State Aid for funding. '
If you have any questions, please call me at 595-5695.
Sincerely,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
Joel Dresel, P.E., L.S.
City Engineer
Attachment
ce
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CITY OF SHOREWOOD
RESOLUTION NO. 95-15
A RESOLUTION ACCEPTING SUPPLEMENTARY AGREEMENT NO.1
OLD MARKET ROAD SIDEWALK, CITY PROJECT NO. 94-2
WHEREAS, the City of Shorewood entered into an Agreement with
Lardmark Concrete, Inc. for the construction of the Old Market Road sidewalk; and
WHEREAS, due to slope and topography it is necessary to construct a stone
retaining wall to avoid future maintenance problems; and
WHEREAS, the City desires to have Municipal State Aid (MSA) Funding for this
retaining wall.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood that Supplementary Agreement No.1 (as attached) for the Old Market Road
Trail is hereby approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 13th day of February, 1995.
ROBERT B. BEAN, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
." FEB 09 '95 10: 3S OSM MPLS, MN
"'MN/Oo:r TP.-c2134-03 .(5/88l
STATE. OF 'MINNESOTA DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL AGREEMENT NO.....L
P.2
Supp. to Contract No. ~.
ConttadOr. : Landmark C41nc...... Inc. Federal Ptoiect: .
Local and State funds
Sheet ...L of1
State ProJec= No:
SAP. 216-111.oz
Address: ~71$30 N.E. Hwy. as
, Ha!R Lake, 'Mn. SS304
: Pro. No. F.Y.. AccOunt 1.0.
/omount
: Poo:llllH 'terms Asset No.
OOONET;
rvPEOF';' A40( ) M1(
TFlANSACl'lON M4 (.) ~ ( )
This contract Is amended 8S follows:
Desc~pti~: . . .
The addition of a stone retaining wallis required between $tatlons 23 + 60 arid 25 + 20 with a 1 It. hefght at stations
23+50 and 25+20 tapering to a maxfmum height of 3.0 It. at station 24+40. This wall has approxima!eIy 450 Square'
feet of frOnt face area. The stone waif will match the exlsllng walls located along Old Market Road and Is requIred
due to a vertical and horIZontal alignment field adjustments required to reduce the sidewalk slope at this ,location.
, Dated
M6(
. Number
Enteted ~
Entered by
Dated' Number
PurpO$e of Supplemental Agreement: ' , ' " " ' ,
To compensate the contractor for addillonal work item beyond the original scope of this contract.
AddItional Funcli~:
Add~onal cost to this project:
0411.603 ConSllUCt stone retainln~ wall, 450 Sq. Ft @ $12.50 - $5625;00
Dbtributlon:
Local. Funds 0%"
MSA Funds 100%
".
~ .
APPROVED:
CommissIOner, Of
AdminIStratIon'
By
APPROVED:
Commissioner, of
F"mance
Orfglnal Contract
, ...
. Dated /J/J/~ '-,
..
By
, '11'~''1(J
~, (
Approved as to form
'and execution
Dated
Dated
Dated 1l.~'l9-'l4
......... ,..m.,G--
Dated
~~
H,\m8.llS\CML\NI~IJXYI'
rw
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DRAFT
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDA Y, JANUARY 24, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1. CALL TO ORDER
Chair Mary Bensman called the meeting to order at 7 :34 p.m.
2. ROLL CALL/INTRODUCTION OF NEW MEMBERS
Present:
Chair Bensman; Commissioners, Puzak, Trettel, Dzurak, Wilson, and Colopolous;
Administrator Hurm; and Council Liaison McCarty.
Absent:
Commissioner Martin.
Bensman introduced the new Park Commissioners, Dan Puzak and Sandy Trettel. She also
introduced the Park Secretary, Marlene Haptonstall; Council Liaison, Jennifer McCarty; and the
City Administrator, James Hurm.
3. REVIEW AGENDA
There were no changes or additions.
4. APPROVAL OF MINUTES
Dzurak moved, Colopolous seconded, to approve the minutes of Tuesday,
December 13, 1994, with the following correction: Item No.5, Paragraph 10,
change motion to read "make the recommendation to remove the development...."
Motion carried 4/0. Martin, Puzak, and Trettel abstained.
5. APPROVAL OF MEETING DATES AND TIMES
Trettel moved, Dzurak seconded, to approve the Park Commission meeting dates
and times to be the fourth Tuesday of each month at 7:30 p.m. Motioned passed
unanimously.
6. CITY COUNCIL LIAISON SCHEDULE
The commissioners decided on the following schedule:
Colopolous . February and December
Wilson . March and June
Dzurak . April and October
Martin . May and September
Puzak. July and November
Trettel. August
Bensman wiIl be a substitute.
.s
SHOREWOOD PARK COMMISSION MINUTES
TUESDA Y, JANUARY 24, 1995
Page 2 of 4
7.
RECOMMENDATIONS FOR TWO APPOINTMENTS
FOUNDA TION
TO PARK
Dzurak suggested Colopolous be appointed in March 1995 for a one year appointment.
McCarty suggested Trettel be appointed in March 1995 for a three year appointment.
8. APPOINTMENT OF PLANNING COMMISSION LIAISON
Bensman appointed Dzurak to be the Park Commission representative to attend the Planning
Commission meetings when necessary.
9. REPORTS:
A. SKATING RINKS/W ARMING HOUSES
Hurm introduced Marlene Haptonstall, the Program Coordinator for the skating rinks and warming
houses, who would be reporting on the status of the facilities.
Haptonstall reported of an incident at Badger warming house which involved a person hitting a
hockey puck at a window and breaking it. The cost to replace the window was $200. Hurm sent a
letter to the person responsible requesting payment for the damages but has had no response yet.
--.,
.
Haptonstall explained problems with the lights at Cathcart warming house. Public Works had an
electrician out twice to take a look at the problem. The lights will probably have to be rewired this
Spring. Trettel commented on the poor condition of Cathcart warming house. Bensman explained
the current building was a donation. Hurm explained that it has been discussed to remove the
building and replace it with a rental trailer until a warming house could be built. Colopolous
suggested there should be some follow-up on the cost of installing adequate lighting at Cathcart.
Haptonstall reported on public requests for the installation of hockey boards at Manor Park. .
Dzurak felt there was not adequate room to add a hockey rink. The others agreed. Haptonstall
suggested additional lighting be installed. Hurm said we could look into the cost and time
involved.
Haptonstall reported on the various problems with the rink attendants not being very responsible.
She would like to hire older people next season and increase the pay rate, and maybe even offer a
bonus incentive if they do a good job the entire season. Humi suggested to hire senior citizens.
Haptonstall questioned whether there are plans to build a warming house at Silverwood Park.
Bensman advised it is in the development plan of the park but not in the 5 year CIP.
B. PARK FOUNDATION
McCarty reported that the Park Foundation has proposed changing the by laws to indicate only 1/3
of the members need to be present to conduct business and that substitutes be allowed to vote.
McCarty reported the Soccer Association is concerned with the user fees charged.
\.~
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SHOREWOOD PARK COMMISSION MINUTES
TUESDA Y, JANUARY 24, 1995
Page 3 of 4
Hurm explained there was a meeting with the Minnewashta School officials at which they
discussed the possibility of combining soccer and softball fields in the area behind the parking lot.
There is also 4 1/2 acres to the north of the school building which is private property which the
Soccer Association could consider purchasing.
Colopolous questioned whether the participation fees or money contributed to purchase land for.
parks should be used for a specific sport. He felt the sport organizations probably feel when they
contribute money or pay participation fees that they are buying stock in a park and privileges to use
the land for a specific sport. Colopolous said the Park Commission should discourage exclusive
use of the park facilities with the exception of hockey rinks and softball fields.
Colopolous said he would like to encourage as much participation in soccer as possible but there
needs to be the cooperation of the sports organizations to plan a joint schedule of events along with
the number of games per season. He felt this would help establish the efficient use of the current
field space before the City takes on the maintenance responsibilities for additional land.
Colopolous volunteered to research the different youth organizations and the scheduling issues.
Hurm explained that the original intent of the user fee was to charge one or two dollars per player
to help maintain the parks. The City will help build a concession building so the organizations can
raise the money without increasing the fees. McCarty said there have been no complaints from the
softball participants. She said soccer participants do not want anything to do with the concession
building. Wilson added that soccer is a very inexpensive sport and that is the way they want to
keep it.
McCarty advised that she and Gordon Lindstrom would be meeting on February 15, 1995 to
discuss user fees. Puzak will also attend.
Bensman requested staff to gather additional information about the area behind Minnewashta
School for future playing fields and verify the City's policy on user fees.
C. COMMISSIONER REPORTS
Dzurak gave a brief explanation of the historical marker that Excelsior wants to move it to the
Commons. He said they would continue research on ownership.
. .
Bensman felt it should be placed in the Commons. Puzak concurred and said he would like to see
the monument donated by Shorewood.
Bensman suggested the dedication could take place during the Shorewood Park Festival.
Dzurak moved, Colopolous seconded, to recommend that the planned trail for
CovingtonNine Ridge Subdivision be considered along with the Silverwood Turf
Trail Plan as one trail, and that both trails either be removed from the plan or
both trails remain on the plan. Motion passed unanimously.
10. SPRING FESTIVAL PLANNING
Trettel volunteered to chair the Parks Festival Committee.
, ~J"
SHOREWOOD PARK COlVINIISSION MINUTES
TUESDAY, JANUARY 24, 1995
Page 4 of 4
Bensman explained they want to have the festival to introduce the public to the new facilities at
each park and host fund raising activities. The Committee would like to hold the festival on or near
Memorial Day weekend. Huon commented that the City has budgeted some money for publicity
and entertainment.
Bensman said that some of the ideas discussed were to design a community run for bikes or
shuttles from one park to another, have neighborhood softball games; food and beverages; and
have the Teddy Bear Band for entertainment.
Bensman, Wilson, and Colopolous volunteered to help plan the festival. Tonka Men's Club had
also expressed an interest.
Trettel said she would set up a meeting of the Shorewood Park Festival Committee, which would
include members from the Park Commission and the Park Foundation, to discuss the 1995 Spring .
Park Festival. The meeting is scheduled for Thursday, February 9, 1995.
11. MATTERS FROM THE FLOOR
There were no matters from the floor.
12. ADJOURNMENT
There being no further business, Colopolous moved to adjourn the meeting at
9:27 p.m. Motion passed unanimously.
RESPECTFULLY SUBMITTED.
.
Marlene S. Haptonstall,
Park Secretary
_ 'f
To:
Mayor and City Council
James C. Hurm, City Administrator
From:
Teri Naab, Deputy Clerk
Date:
February 8, 1995
Re:
Kennel License
Following a complaint from a neighbor, Sheila Evertz received
a warning from the SLMPSD for not having current dog
licenses. The officer also cited her for not having a kennel
license for her three dogs.
.
She came in immediately and obtained the necessary individual
licenses and applied for a Special License for Show Dogs.
The Building Inspector has reviewed her property and does not
have any major concerns.
Prior to a decision on this request, the Council may want to
provide direction to staff regarding the intent of the
ordinance. The license request could be tabled without
adversely affecting the applicant.
Section 701.04 briefly describes two types of multi-dog
licenses: a Special Permit for three or four dogs; and a
Show Dogs, Special License. The fee section of the Code also
lists an additional type - a uKennel" license. The
following are questions or concerns staff has raised
regarding this section of the Code:
1. What are we trying to accomplish with this ordinance?
.
2. Show Dogs, Special License. Should there be a limit under
this section?
3. What is the criteria for allowing more than two dogs per
household?
4. This section of the code is ambiguous, is the UKennel"
license listed in the fee section of the Code for
households with over four dogs? And if so, what is the
maximum number of dogs allowed, and-in what zoning
district?
5. Could the special licenses be combined under one title,
simplifying the procedure?
If it is the Council's desire to amend the Code, the issue
could be reviewed at an upcoming meeting which would allow
staff time to gather samples of other cities' ordinances
regarding kennel licenses.
Jt1
701.02
701.04
whose duties shall be to enforce this Chapter. Any contract so entered shall
provide, as the Council deems fit, certain fees for the keeping and disposal of
animals herein governed.
701.03:
REGISTRATION Al'fD LICENSING REQUIREMENTS:
.
Subd. 1. Registration and License Required: Every person who owns a dog over
the age of six (6) months shall cause the dog to be registered and licensed
as hereinafter provided. (Ord. 213, 3-27-89)
Subd. 2. License Tag and Fees: All dogs kept in this City, including those
allowed by special permit shall be registered in the office of the Clerk.
The owner shall obtain a license and tag for each doo and pay for each
such fee as the City Council may, by resolution, adopt? The Council may
provide for higher license fees for female dogs than for males or spayed
females. The license tag shall be securely attached around the dog's neck
and kept there at all times during the license period. If the tag is lost or
stolen, the owner shall receive a duplicate license and tag upon payment
to the Clerk a fee as provided in Section 1301.02 of this Code.
Subd. 3. Rabies Inoculation: No license shall be issued for a dog unless the
owner shall show written evidence that the dog has been inoculated for
the prevention of rabies within the past two (2) years. (Ord. 81, 11-25-74;
amd. Ord. 263, 12-14-92)
Subd. 4. Term of License: The license period shall be for the whole or
unexpired portion of the year ending on the ensuing December 31. (Ord.
81, 11-25-74; amd. 1987 Code)
.f
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Subd. 5. New Residents of City: Any person who moves into and becomes a
resident of the City and who owns a dog within the City shall cause the
same to be registered and licensed as provided hereinbefore within a
period of not more than thirty (30) days after becoming a resident of the
City. (Ord. 173, 8-12-85)
701.04:
UMITATIONS ON NUMBER OF DOGS:
Subd. 1. Special Permit, Fee: Within the limits. of the City, no more than two
(2) dogs over the age of nine (9) months shall be allowed in any
household unless the owners shall first obtain a special permit therefor.
The special permit shall allow an owner to keep up to four (4) dogs over
the age of nine (9) months, and may be obtained from the City Clerk
upon payment of a fee as provided in Section 1301.02 of this Code for
each dog in excess of two (2).
(
J.
Subd. 2. Show Dogs, Special License: Recognizing that show dogs shown at
American Kennel Club shows are valuable personal property and more
l. See Seclion lJO 1.02 of this Code.
293
City of Sharewood
701.04
701.06
than pets, and further, that such animals are kept and maintained by their
owners with special care and attention, a special license is hereby
established for such animals, The owner may apply to the City Clerk for
the license, He shall certify by affidavit that the particular dog has been
shown in at least one American Kennel Club show during the previous
year or is an American Kennel Club Champion of Record, the type of
facilities available to prevent the dog from running at large, and that the
dog is kept by the owner for show and ancillary purposes. The Clerk
may, with the consent and advice of the Council, issue a special license
for the animal or animals and such dog shall thereupon not be counted
within the animal limitation set forth in subdivision 1 above. All other
provisions of this Chapter shall be applicable to the licensing and keeping
of such animal or animals. Such special license may be issued to cover
more than one dog. The fee for such multiple special license shall be set
by Council resolution from time to time'.
Subd. 3. Revocation of Special Permit or Special License: In addition to any
other sanctions herein provided, violation of any of the terms of this
Chapter shall be grounds for termination of the privilege of keeping more .
than two (2) dogs and the special permit and/or license authorized under
this Section may be revoked. Revocation may occur for a violation
attributable to any dog, including show dogs, kept by an owner. (Ord. 81,
11-25-74)
701.05: RUNNING AT LARGE: No dog owner, as defined in this
Chapter, shall permit his dog to run at large. The finding of any
dog running at large shall be prima facie evidence of violation of this Section by
the owner of said dog. (Ord. 213, 3-27-89)
701.06: DOG NUISANCES: It shall be unlawful for any owner to fail to
exercise proper care and control of his animals to prevent them
from becoming a public nuisance. It shall be considered a nuisance for any
animal to bark excessively, continuously or untimely, to frequent school grounds, .
parks, or public beaches, to chase vehicles, to molest, annoy or bite any person if
such person is not on the property of the owner or custodian of such animal, or
to molest, detile or destroy any property, public or private. Failure on the part of
the owner or custodian to prevent his animals from committing an act of
nuisance shall subject the owner or custodian to the penalty hereinafter provided.
The phrase "to bark excessively, continuously or untimely" includes, but is not
limited to, the creation of any noise by any dog which can be heard by any
person, including a law enforcement officer or animal control officer, from a
location outside of the building or premises where the dog is being kept and
which noise occurs repeatedly over at least a five (5) minute period of time with
one minute or less lapse of time between each animal noise during the five (5)
minute period. (Ord. 232, 9-10-90)
l. See Section 1301.02 of this Code.
293
City of Shorewood
.
.
City of Shore.J.8tt 30 '95 13: 43 CANTERBURY D~~~ 4-012&
P.2
I2l! Jan. 30, 1995 (!) 1 :30 PM [j2l3
cJ:~n: OF SHOREWOOD
APPLJ:CATJ:OH POR A SPECJ:AL PERHJ:~
ALLOWXHG HORE THAll TWO DOGS PER. HOUSEHOLD OR.
ALLOWING SHOW DOGS ~O BE EXCEP~ FROH
PER HOUSEHOLD
Permit No.
Fee Paid
($5.00 x # of dogs)
-
Da.te
Owner/Applicant's Name: 01Je/1a... Eve/l..,7t::.
Address: S70.5 FLho Rh Sl1DflP~.c)t1 r~Q
Telephone t 41 D 7 4l.j 3-- ( "L\
Toi:~l Humber of Dogs in Household: 3 + PofP'trlhe.i:5 '5D1t2 ~ /nolJ~
---~-
(No more than four ( 4) dogs over the aqe of n1ne ( 9) months are
allowed with each special permit)
Owners of Show Dogs must provide to the city a.n affida.vit tha.t the
particular dog(s) has (have) been shown in at least one Amer~can
Kennel Club show during the previous year or is an American Kennel
Club Champion of Record, the type of facilities available to
prevent the dog(s) fram running at large, and that the dog(s) is
(are) kept by the owner for show and ancillary purposes.
Z hereby consani: i:o inspeci:ion of ~he premises as provided
by cii:~.Code Scci:ion 701.0~.
~q~ (dJ'h"~"" 1f~<:J h:S" 6;; ~
S~gnature of Appli t
The above premises has been inspected and found to be in
compliance with the ordinance.
Shorewood city Clerk
Date Approved
Perm!i: shall e~pire on December 31 of i:be year in which is
w~s issued, ,unless sooner revoked ~s hereiDafi:e~ provided.
..- ~ . ,..
JAN 30 '95 13:43 CANTERBURY DOWS
P.3
Sheila Evertz
5705 Echo Road
Shorewood, !vfN 55331
.
January 30, 1995
City of Shorewood
Deputy Clerk's Office
Shorewood. lVlN 55331
Dear Terry:
Here is my affidavit stating that my dogs are AKC show dogs. One of them
Cinnabar's Dancing in the Dark is an AKC Champion of record. She is
elderly now and only shows in one Veterans Class each year at the German
Shepherd Spring Specialty Show.
You currently have the original AKC Certificate in your possession, as well
as Linden HilI's Dreamy Mimi (Mimi).
As I mentioned Mimi is only in Shorewood about 4 months of the year as
she travels with her handler. I will have a letter from her handler for the City
Council meeting on Feb. 13. Nevertheless, I understand she is still a
resident of Shorewood.
Kelly is my third dog. All three are licensed and have health certificates.
The puppy dog 7 months old at my home is sold and will travel to his new
home in Chicago at the end of Feb.
The dogs are shown semi-annually at German Shepherd specialty shows,
and also attend out-of-state all-breed events as well as the Minneapolis
Kennel Club Show.
As you know the city inspector inspected by kennels on Jan. 29. He assured
me my runs are in compliance.
I would like you to note, that the dogs are not allowed to roam free, are
always leashed, unless they are in their runs. I have two runs--7 feet by.12
feet, that are 8-feet high cyclone fencing. They have a doggie door to an
indoor room to my basement, and are truly house dogs.
.
JAN 30 J 95 13: 43 CANTERBURY DOWS
P.4
"",.. ~. J'
Mimi has a value of$8,000. Sassy has no price tag, as she is retired now,
and not breeding. Kelly is a Canadian and American Grand Victor daughter
and has a value of about $3000.
I would like to assure you that my dogs are not allowed to roam the
neighborhood, and are kept in fine condition.
Sincerely,
.
;{:;~~
e NANCY J. WEGGE
NOTMt ....IC-M4NHESCJrA
. SCOTT COUNTY
~ -i.: !IV COUUISSlOH EXl>mml 2-$-V8
""'"... ;;-., ".$#-#T ,.. I~.;
.
J.
No. 234'h-State Form 109.
BUSINESS RECORDS CORPORATION. MINNESOTA
STATE OF MINNESOTA
Combination Application for Retailer's (On-sale) (Off-sale)
Non-Intoxicating Malt Liquor License
To thc_.J::i..t.Y-..QJ Shorewood
Name of Iicen.ing authority (county) (city)
County of Hennepin
/,__ Arno_ld_D. Mickelson__ m________~_______________ _______n___~ _______, of tlte I'ity, or
town of , county of Hennepin , Stat6
of ..ll inneso{a" hereby make applieation for a Retailer's (On-sale) (Off-sale) Non-intoxicatint .)[ alt
Liquor Lien/"~I' to sl~1I snl'h ,.I[a./t liq/lor undl'r anrl/J/trs/lant to an ardinanl'e ("I'.w/utian) pa.~s('d bll citll
/'oll1/l'i/, I'IJ/orty {ward of-_____Sh9_:t:'~wQod_i_~N_______--;
ruul Chapter 340, -Afinnesola Statutes 1945, as amended, providing for licensint (utd regulating the
~ale of non-intoxicating malt liquor.
During the past five yea7'S, my residence has berm as follows:
/ was born
n.t
M'.'r',t..
Day
Year
City
Borough
Town
S ta te or Coun ty
/ am a (native) (naturalized) citizen of the United States.
/ am ma1'1'ied. .Illy (wile's) (husband's) name and address is
Iam~~.Assistant Secretary, Holiday Stationstores. Inc.
Firm was incorporated 09/18/64
Corpora"tion is authorized to (w lmsiness in .lfinnesota.
I
License is for Holiday_ Stationstore 111Z-~(.~t1'eet) (highway) weated as folww,.'
199.?5 State Highway 7
Shorewood, MN 55331
in the state of
Minnesota
Th Z' 'lll. . t' 'th grOCer1' es. general merchandise, retail gasoline sales
,e .tcense U't ue tn connec tOn lOt _ ~_
Drug Store, Cafe, Re.taurant. Rotal. Club
which has been in operation new store
Month. Ye.to
The establishment is loca,ted. on the
first
floor.
The busines,~ J1,.cmi.~es are owned by HOLIDAY STATIONSTORES, INC.
The taxes on the property are not delinqu,f;nt.
I am NOT p.ngaged in the retail sale of intoxi,cati.nt liquor.
I ha,ve_ NOT had an application for license rejected as folwws:
I have never been convicted of a fewny nor of violatind any National or state liquor law or weal
ordina-nce relatint to the manufacture, sale or trans/Jortation, or possession for sale or transportation 01
,intoxicatint liquor.
Gamblint or tamblint devices will not be permitted on the licensed premises.
I am the owner of the lea,sehold, furniture, fixtures, and equipment in the premises for which tM
license i8 applied, except NONE
I have no intention or agreement to transfer the license to another person.
I submit the following names of persons, including a bank, for reference, with whom I have had business relations
8S follows: Johnson & Higgins , Kevin Gubrud , 333 South Seventh St., Minneapolis, MN 55402
Norwest Bank~innesota. N.A.. Gloria J. Charley, Sixth & Marquette, Mpls., MN
First Bank, Mark McDonald, 601 Second Avenue S., Minneapolis, MN 55402
I do not intend to engage in the sale of intoxicating liquor and will have a Federal Occupational Tax Receipt
in accordance with the ordinance governing this license. My Federal Tax Stamp Receipt is No applied for
I will comply strictly with the provisions of the ordinance relating to the sale of soft drinks for "mixing" purposes
and will serve patrons in full view of the public.
I agree to waive my Constitutional Rightl'l against search and seizure and will freely permit peace officers to inspect
my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordinance (resolutIon)
providing for the granting of this license.
I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledl'8 and that I
agree to comply with all the provisions of the ordinance under which this license iB granted. --..... / ,/
S...."'..d and ow.'" to bet.", ma t a 30th /J ~ xi ;if. ~
ar , 19-2i.. ~ ~.,/I
Arnold D. Mickelson, Assistant ~ecrecary
8re citizen. of the United State. and who are of good moral character and repute, who have
he ..tabli.hmenta for which the licen.e. ate i..ued. Law. 1949, c. 700.
*g
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Johnson & Higgins, loe.
333 South Seventh Street. Suite 1600
Minneapolis, Minnesota 55402
612/349-9700
COMPANIES AFFORDING COVERAGE
16750-00000 ua L
~ A RELIANCE NATIONAL INDEMNITY COMPANY
~ B GULF INSURANCE COMPANY
COMPANYC
LETTER
COMPANYD
LETTER
i IItlIURED
I
HOUDAY COMPANIES, et aI
DBA: Holiday Stationstores, Ine.
4567 WEST BOTH STREET
MINNEAPOUS, MINNESOTA 55437
~9tl&till"" """,.' ....:;:::.'.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COMPANY E
LETTER
1VPI! OfF IllSURAIICE
POLICY IIUII8ER
POLICY EFFECTIVE POLICY EllPIRA1IOII
DAlE (MMIOOIYY) DAlE (MMIOOIYY)
4101/94 UIC
UIIITS
NGAO 1 02763-02
GENEJW..AGGREGATE .
PROOtJCTS.CCMPIOP /100. .
PERSONAL&AD\I.INJURV .
EACH ClCCUFI'lENCE .
FIRE DAMAGE (Jnf one In) .
MED.EXPENSE(Jnfonel*8O" .
*1,000,000
3,000,000
1,000,000
1,000,000
1,000,000
* PER LOCATION
AUTOII08II.E LIA8lU1Y
ANY AUTO
AU. OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NQN.OWNEO AUTOS
GARAGE l.IAElIU1Y
B EXCESS LIA8IUTY
UMBAEU.A FORM
01liER THAN UMBREUA FORM
CU5653821
4101/94
4101195
COMBINED SINGLE .
LIMIT
BOOILY INJURY .
(Pw 1*80")
BOOILY INJURY $
(Pw 8CCIdenl)
~TYOAMAGE .
EACH ClCCUFI'lENCE . 5,000,000
AGGFEGATE . 5,000,000
~Mtjt~trjtfit~~;~;jjjjnjjjIjrti~t~;~;:~j~~tj~tI~~~:~~~tit~~~~:ftiIt~i~j;i~j~j:;r~j~j~t~t~~~;~
A OTHER
LIQUOR LIABILITY
4101/94
UIC
STAlUl'CR' UMITS t:::l:~f::f:tttttt::~~~tl:ttt::.
EACH ACClOENT . 1,000,000
OISEASE-POUC'f LIMIT . 1,000,000
OISEASE-EACH EMPLO'tEE' 1,000,000
$1MM COMBINED BI, PD,
AND LOSS OF MEANS OF
SUPPORT
A
WOAI<ER'S COMPENSATION
AIID
EIIPLOYER8' UAIIlUlY
NWA0102760-02
MT, NE AND WI
NWA0102761~2
IA, MI, MN AND SO
NGA0102763-02
4101/94
4101195
4101/94
4101195
DEIICRIPTION OfF OPERATlOII8A.OCATIOIIIINEHICLI! JTEIIS
DBA: HOlIDAY STATlONSTORE NO. 12, 19955 STATE HIGHWAY 7, SHOREWlXlO, MINNESOTA
ute = UNTIL CANCELLED
:~_:':"'~aiioi..~:ftt!:!S~m":~::>.a:.w.*,::::%:' ::::;a..*"''i*'''''' ',,%"'<:::;:)**:1i\.,t1~~<:;":":":' ,........~... .:..... ....
. .. .. . .. USO'-_.... :wx::;:~""~,,..~~~., .:@::::; w ,<"~;'::~<::'>X'"" ~m .. . .. .
""..w.w. . f>IV.v:v....:v ,;,VN".1'...v.u....~;~: .<<::-:<<0:-: . ... .~~ff.' .~. ~-&>>->.*~:-:*:-'>>~----.~lli.:...w . ..'.!.
t! SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
I EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
:m MAlL~ DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
!;~~ LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR
_ UABIUTV OF ANY IOND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
AU1HOIIIZED REPRESENTATIVE
CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD
SHOREWOOD, MINNESOTA 55331
\~~~..t '~::'....
FEB-07-1995 16:50
SOUTH LAKE MINNETONKA PD
612 474 4477 P.Ol
SOUTH LAKE MlNNETONKA PUBUC SAFKlY DEPARTMENT
810 ExceIsior Boulevard
Excelsior, Minnesota 55331
RICHARD A. YOUNG
CDef 0( Polio::
To:
Pram ;
Date :
Subject:
JI~BQRAJ!~llB
Teri Naab, Shorewood Deputy Clerk
Rick Younq, Chief of POli~ ji
February 7, 1995 6
Background Checks - Holiday Stationstores
(612) 474-3261
This department has checked State of Minnesota computeriaed drivers
license files, State of Minnesota computerized warrant files and the
State of Minnesota computerized Criminal History files on the names
provided to us. (see atatcdhed sheet).
Based on these checks I find no reason to recommend denial the requested
license.
s~ SowIs UJIa: ~ COIffIJIlIIIiIiG of ~ ~ Sharr:woDd a>ul T<IIIka Bay
.
.
.
.
r'EB 02 '95 10:50 HOLIDAY CO
P.2
Holiday Companies
. CEN. OHlC!: 4$i>/ WEST aOt', STltffT I MAlt AOCHlESS: r.o. BOX 1:::4. MINNfAPOlIS. MI'l ".40 I PIt 61~-8JO'MlO J rAX tl12-8lG-88".
<.:~!OtT ornct: ~:.<Il W. OLO SIIAI(QPCC RD. I MAlL AOORtsS: P.O. aOJ( 1~~' MINNfAl'Ol.IS. MN ,S44U I P. I. '12...:n"~'UO J rAll "2.g:n'~J9S
HOLIDAY STATIONSTORES, INC.
Corpora~e Officers
Donovan Alan Erickson
08-04-33
Gerald Allen Erickson
04-24-37
Ronald Alfred Erickson
09-23-36
Charles Russell Pihl
07-16-33
Arnold Dennis Mickelson
07-22-41
Terry:
Nat
Leon ~ Klause
07-14-44
The new manager is
Our records do not show a full middle only the initial. I will continue
to try and contact him and fax to you as soon as I can.
~
~~[!i
..EGULAR CITY COUNCIL MINUTES
.:ieptember 26, 1994 - PAGE 6
a supponive positive response from Shorewood and they felt that adjoining cities will respond
favorably to Shorewood's letter requesting their panicipation for funding.
Hurm reported the group reviewed a preliminary revised budget for a community center and an
estimate of the building's maintenance costs. In general, the consensus of those present at the
meeting was that funds could be raised for construction of a senior/community center within
adjacent communities. Hurm reviewed the draft letter prepared on behalf of the Council and noted
a change suggested by Stover. He explained that the Council is in good faith proposing that
Shorewood contribute 50% of the construction cost ($311,000) and donate the land for a
senior/community center to be built in Shorewood. The remainder is expected to be financed
through donations and panicipation by the other cities.
Stover moved, Benson seconded to approve the contents of the letter (with the
suggested change) outlining Shorewood's position to be sent to adjoining cities
with respect to construction of a community/senior center. Motion passed 4/0.
On behalf of the Task Force, Mr. Gagne expressed appreciation for the Council's initiative and its .
support for the endeavor.
9. CONSIDERATION OF A MOTION TO SET MEETING DATES FOR
NOVEMBER AND DECElVffiER 1994
Benson moved, Stover seconded to set Council meeting dates: November 14;
November 29; December 12-Joint Meeting with Planning Commission;' and
December 19. Motion passed 4/0.
....
,-'
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
APPROVING A NON-INTOXICATING MALT LIQUOR LICENSE-TWIN
CITIES STORES, INC., 24365 SMITHTOWN ROAD
During discussion, the Councilmembers concluded that approval of such a license would set a
precedent within the City and that the combined sales of gasoline and liquor at the same store may
create an incongruous image. .
Benson moved, Stover seconded' to deny approval of a non-intoxicating malt
liquor license for Twin Cities Stores, Inc., 24365 Smith town Road, therefore the
Council declined to adopt the Resolution. Motion passed 4/0.
Mayor Brancel recessed the meeting at 9:20 p.m. and reconvened at 9:30 p.m.
11. MATTERS FROM THE FLOOR
John Costello, newspaper reporter. requested clarification on the Council's authority to take action
on agenda item 6.B. given the fact that one Councilmember is absent.
Christine Lizee, 27055 Smithtown Road, commended the Council for its action to adopt the
moratorium ordinance and praised the Planning Commission for its work related to the
Comprehensive Plan update.
12. DISCUSSION ON POLICY ISSUES
,i"
A. Discussion on Geese Problem
OSM & ASSOCIATES
QSM. err
Schelen
Mayeron &
AsSociates, InC.
300 Park Place center 612-595-5775
5775 Way?ata Boulevard 1-800-753-5775
Minneapolis, MN 55416-1228 FAX 595-5774
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewoo~~ 55331
Re: Drainage on Minnetonka Drive
OSM File 5572.00
Dear Mayor and Council Members:
.
The purpose of this report is to update you on drainage problems along Minnetonka Drive, and to
seek yotir opinion on surface water policy. Mr. Zdrazil has noticed an ongoing drainage problem
along Minnetonka Drive just south of Smithtown Roa~ and recommended that we investigate it
further. We have also received complaints from several homeowners in the area regarding water
standing in their yard. The two situations are interrelated in that the water standing in the yards
eventually drains to Minnetonka Boulevard (and exacerbates that drainage problem) before
apparently draining to the southwest.
During several site visits and phone conversations with the residents involve~ I have indicated that
the City has in the past taken responsibility for street drainage, but has left lot drainage to the
homeowner. However, since this involves more than one parcel, the residents feel that the City
should participate in solving their drainage problem together with any work on Minnetonka Drive.
.
On Monday night I would like to elaborate on the facts involved with this case, and ask that you
think about what the policy should be regarding City participation of individual lot drainage. Also,
we would like your permission to prepare a preliminary report on the alternatives available to solve
the Minnetonka Drive drainage problem. The cost of such a report should be about $1500, and
could be funded with Stonnwater Utility funds.
As always, please call me at 595-5695 with any questions.
Sincerely,
ORR-SCHELEN-MAYERON
& ASSOCIATES
Joel A. Dresel, P.E., L.S.
City Engineer
j/Olt
OSM & ASSOCIATES
QSMOrr
Schelen
Mayeron &
AsSociates, InC.
300 Park place center 612-595-5775
5775 Wa~ata Boulevard 1-800-753-5775
Minneapolis, MN 55416-1228 FAX 595-5774
February 8, 1995
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Update on Shady Island Bridge
OSM File 5572.00
Dear Mayor and Council Members:
.
Every year the City Engineer (in MSA cities) must do an inspection of the bridges within the city to
decide their safety and capacity. Last year, our inspection of the Shady Island Bridge revealed some
substantial deterioration - enough, in fact, that some repairs had to be made. We believe, based on
past reports and temporary fixes, that the bridge is very near the end of its useful life and should
soon be replaced.
We have done some preliminary investigations as to possible types of replacement bridges (or
culverts), and funding sources available. However, we will need to have a good idea of what type of
bridge we want to build, if any, to seriously pursue funding alternatives. Also, over the years I have
spoken to quite a few of the residents on the Island, and I am sure that they will want substantial
participation in the process.
.
Therefore, we budgeted $10,000 in the 1995 CIP for a Feasibility Report on the replacement of the
Shady Island Bridge. Due to the condition of the bridge, and the advance time needed for some
funding sources, we would like to begin this process as soon as possible. Because we realize how
full the Council schedule is at this time, however, I would like to discuss timing further with you
Monday night.
If you have any advance questions, please call me at 595-5695.
Sincerely,
ORR-SCHELEN-MAYERON
& ASSOCIATES
Joel A Dresel, P.E., L.S.
City Engineer
February 8, 1995
-IF/a B
MEMORMillUM
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(612) 835-3800
FROM:
Mayor Bean and Members of the City council
Tim Ke~torneY
TO:
DATE:
January 24, 1995
Federal Fair Housing Standards for Elderly Housing
RE:
Developer Peter Boyer has requested that the City Council approve
a reduction in the age floor for his existing senior housing
project within the City. Because the project currently qualifies
as senior housing, the developer received certain credits from
the City relating to development density. The developer believes
that a reduction in the age floor from 62 years to 55 years will
enable him to sell more housing units for occupancy by eligible
seniors without violating the Act.
. Short Answer
A housing project restricted to seniors above the age of 55 is
exempted from enforcement of the non_discrimination provisions in
the Federal Fair Housing Act if:
1. at least 80% of the dwelling units are occupied by at least
one person 55 years of age or older;
you requested that I research the standards in the Federal Fair
Housing Act, 42 U.S.C. 3601 et sea. (the Act), to determine
whether the City of Shorewood can legally accommodate a housing
developer'S request to lower the age floor on a senior'S housing
project within the City.
.
2. the project provides "significant facilities and services" to
the elderly occupants; and
3. policies and procedures exist reflecting a commitment to
serve the elderly housing population.
In my opinion, assuming the housing project can meet the 80%/55
year standard, it would qualify as senior housing if a seniors
housing association is created, with articles and bylawS, and the
*,/0 C,
hOUSing project provides regular programs and services geared t
the needs of the elderly, such as implementation of design
considerations to accommodate seniors, seniors recreation, onsitc
personal care, e.g. barber/beautician. There is no precise mix
of services required. Absent such special programs and services,
the developer must demonstrate through Objective evidence that
the hOUsing project fills an important hOUsing need in the
geographic region.
I. Legislative Summary
As you know, the Federal Fair HOusing Act (the Act) makes it
unlawful to deny hOUsing to an individual on the basis of race,
color, religion or national origin. 42 U.S.C. 3604. The Act
does, however, provide an exception for "housing for older
persons." 42 U.S.C. 3607(b). "~usi~ for older pers~S" is
defined as hOUsing:
.
Provided under a state or federal program the U.S. Department .
of HOUsing and Urban Development (HOD) determines is
specifically "designed and operated" to assist elderly
persons, e.g. convalescent care homes; or
In reaching the determination of whether housing is for older
persons within the exemption provided for under the Act, HOD will
consider the fOllowing factors:
the existence of "significant facilities and services"
specifically designed to meet the physical or social needs of
older persons; or, if such facilities are not practicable;
and
.
· Intended for, and Solely occupied by, persons 62 years of age
or older; or
· Intended and operated for OCCUpancy by "at least one person
55 years of age or older per unit."
.
· that such hOUsing is necessary to "provide important housing
opportunities" for older persons; and
· t~t at least 80 perc~t of the units are Occ~ied by "at
least one person 55 years of age or older per unit"; and
· the Publication of, and adherence to, "policies and
procedures" which reflect an "intent" to provide hOUsing for
persons 55 years of age or older.
2.
..
.
.
The exemption from the Act for seniors housing was adopted in
1988 and amended to require the promulgation of regulations in
1992.
II. Regulatory Summary
HUD has issued regulations which provide that no single standard,
aside from the mlnimurn age criteria, will be determinative of
whether elderly housing is exempt from enforcement under the Act.
24 C.F.R. part 100.304. Nonetheless, regulations do list
examples of programs and services which would be evidence of an
intent to serve the elderly, including: recreation programs,
continuing education, counseling services, access to medical
care, onsite personal care, such as a barber or beautician, etc.
100 C.F.R. part 100.304(C).
If it is not practicable to provlae such services, a developer
can rely on the "important housing opportunities" criterion
supported by evidence of the following:
. that the developer has made a reasonable effort to provide
such programs or services;
. the rental rate or purchase price of the project in
comparison to similar housing in the marketplace;
. the income range of the occupants of the project;
. the demand for elderly housing in the geographic area;
. the range of housing options in the geographic area;
. the availability of similarly priced housing in the
geographic area.
On July 7, 1994, HUD issued proposed regulations further
interpreting the eligibility requirements for elderly housing
under the Federal Fair Housing Act. In general, HUD did not
propose to adopt any bright-line standards clarifying the intent
of Congress. Based on public comments, HU~ withdrew the proposed
regulations on December 12, 1994.
III. Caselaw Summary
Courts will enforce the exemption for elderly housing where it
can be established that more than 80 percent of the housing is
occupied by persons older than 55, there exist numerous programs
and facilities designed for elderly and bylaws have been adopted
and are enforced regarding elderly housing. Massaro v. Mainlands
Section 1 & 2 Civic Ass'n, 796 F. Supp. 1499 (S.D. Fl. 1992). In
3.
-
'.'" -' ;.... "'.
Massaro, the appeals court refused to recognize the exemption
based on evidence that the homeowners association had failed to
enforce its minimum age criteria and only had bylaws establishing
a minimum age requirement, but no other evidence to establish an
intent to create a "community" of elderly persons.
The legislative exemption will not be upheld against a challenge
of discrimination when the evidence shows that only 78.9 percent
of housing was Occupied by elderly person. Hooker v. Weathers,
990 F.2d 913 (6th Cir. 1993). Likewise, absent evidence of
"significant facilities and services," exemption from
discrimination challenge will not be sustained. Park Place Home
Brokers v. P-K Mobile Home Park, 773 F. Supp. 46 (N.D. Oh. 1991).
In this case, the court determined that the parks' provision of a
shuttle van service, bulletin boards for posting announcements
and proximity to offsite social services were not sufficient by
themselves to meet the requirements' of the Act. The Court in
Park Place adopted the holding in United States v. Keck which
provided "a housing provider must offer its tenants a package of .
facilities and services that indicates a genuine commitment to
serving the special needs of older persons." United States v.
Keck, 1990 WL 357-064.
IV. Discussion
Based on the discussion above, there is no clear standard for
determining what qualifies as elderly housing under the Act.
Certainly, an age floor of 55 years, occupancy by seniors of 80%
of the units and formal policies are essential criteria. From
there, however, the review becomes a facts and circumstances
analysis. Certainly, the more onsite programs tailored to
seniors the Developer can point to, the better will be his
position. However, even absent special programs, if the
Developer can demonstrate that the project is fulfilling an
important, objectively verifiable housing need, the exemption
will likely be recognized.
Conclusion
.
If the Developer wants to have ,a valid' basis.to request a
reduction in his current age floor for seniors housing from 62 to
55, he must show the requisite percentage of "older persons" in
each dwelling unit, along with special services and policies
which evidence a clear intent to provide housing only for elderly
persons and a genuine commitment to serving the special needs of
older persons.
Let me know if I can be of further assistance. The key statutory
provisions are attached.
cc: James C. Hurm
Brad Nielsen
Pete Boyer
TJK:MI2s
4.
-
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:5 l; u ;,g CII "8 I: :g ~ - ~ E '3 ~ ij ..;. ~ ~ ~ ":'.$ ! 8 gEE ti g ~] ~ ~ <<I:z 5 5 .2 J u u = = .= .: .g 'w .c = "" ~ t
I. - i .._~ GO:;..!! :: 2. Co~ :$~ I! ~ ~ is. 2. <) -~ c: ~ S ; .: ~ ~ 8 il ~ -il E -! g:::: ~ llll ~ ~ li ~ liI UJ ~ ~ ._ra
't)' o.S!! '; ,5 <<I.: .s =- - := - - - u ~ _ ; _.2 ~ .. u'-'; ~ ~ e t! .:..:........:..:. _ _ _ _ s =- (I'J;::; eo
X !H~>"IIl--C~ ~~~~~=~e~~..c::i~a~~u-M~.~4~~~--N~-~
1Ot.!.3J~.g i:s ~ - - c'E -----'-"..................------ - :;
_0 N
It)
It)
N
~.
42 uses ~ 3605
PUBLIC HEALTH AND WELFARE
loan applical~ and Iransmission 10 lender af.
firmed lender s allegedly discriminalo r bas 'pr~led evidence: lha. tbeir mOrlgage 10lIl
=I~=scl:: .~ !cjcction of plainliffs' a~li:::i~? .:;~~tlon was rejccted even lhou8h tbey were
was rcjccl~~mlta~Ory policy was lender's and Joa~ ~ I cd for loan requested, because: connielin
A y en er. nOI arranger. Old West End ~ferences from lOin file dall sbowing similarl g
o~i ;7 Buckeye Federal Sav. It Loan (1987 NO S!lUlled applicants of otber races bolb re""led andY
~o S F Supp J 100. 'accc:pted leave open qu .. ,-
ummary Judgment denying black cou Ic's 42 was denied 1 . CS ton as 10 whether couple
uses t 360S claim is mappropriate. wber: couple Financial (I::. o~~~;:) OJ;;'';'S~;;::6v Pathway
i~Dcc~~~~m~~~~i;~8~oilt~~~~:'~~~a~f~lrokera8e services
part'c~pa.ion in any multiple-Iisling service l~ deny any person access .0 or membership or
~~ga~lz:'tion, or facilily relaling 10 Ihe 'b~e: eslalef bro~~rs' organizalion or olher service
,'SCrlmlnale againsl him in Ihe .erms Or condi:i~~i ~ seh Ing or ren.ing dwellings, or I~
lIOn, on account of race, color, reli ion sex h ,0 SUC. access, membership, or partici a-
(As amended Sepl. 13, 1988 P. L ~00:430' andlcap, fam,"al s.alUs. or na.ional origin. p
, , ~ 6(b)(l), 102 SIal. 1622.)
Amendments; HISfORY; ANCILLARY LAII'S AND DIRE<"'TIVES
1911. Acl Sept I). 1918 (ell'eelive <>n the 180tl d be' .
by t I~.(a) of such Act. which appcus as 42 us~sal J glnmn, ..~cr cma"'lmcnl. as provided
Slalu$. . 'j' 601 note). IIlsalcd "haodil..:ap. familial
Federal I'rocedure L Ed; RESEARCH GUIDE
6 Fed Pm" l Ed, Civil Righ.. t I U 12. 3S7. 3~8. 360. SOl
INTERPRF.TIVE NOTES AND DECISIONS
Black fcmak nOI hired for job of leas.o
am may pursue 42 uses t 3606 claim a ~~~I,'s:~i ing rcnl~1 finn on ba.....i.... of racc, given anlidiscriRli-
~ta'c managem.cnt corporal ion, where ~om lamt muory alms of Fair Housing Act (42 uses t~ JbOl
. le~~5 ~rporallon pobcy to exclude blacks (lrrom cl scq ) and nalure of "ba~k door" schcm '11 d
hUtOn. where lhey mlghl lease propeny 10 other ...hleh would deler black.' ace.... 10 renlal\~u:~e '.
ri ~~~ ~~usc bnlad langua~c of ~ J60tl Jmphcs faHl~" MAQ Managcmt:nl Corfl (1990. NO Gn~1
g f a~IIOR (Of denYing employment with hous- ..,~ 3 F Supp 941 ...
~ 3607. ,Religious organization or private club e.em .
(a) NOlhl'!g In Ihis litle shall prohibit a reli i ,. plloo.
n~nhProfil . a-:,sti,ulion or organizalion operat~ ous o{ga'"sedlzal1on, association. or society, or any
wU a religiOUS organization assoc. . ,.'Supervl or controlled by or in con.u .
of dwellin~ which il awns ~r ope:::~nr'o~ro~~e~r- from limiling Ihe sale, rental or ~u~~~~~
sam. rehglan, or from giving preference 10 such Ian a commercial purpose 10 persons of Ihe
r~nclcd On account of race. color or national ~~ns. ~nless membership in ~II{'h r~ligil'\n js
a prlval. ClUb DOl 10 facl open 10 Ihe pub!' h' ~u Nor sh~" anyt/lIng in Ihis li.le prohibil
purposes provides loogin 5 which il 'c, w IC as an InCldenl 10 ils primar u e
fro~ Iimiling Ihe rental o~ occupancy ~f:::ch~:r..es f~>r olh.r Ihan a commer~i~ ;:;;,.;,r
10 lis members. " gmgs lOllS members or from giving preferen";
(b)(\) NOlhmg in Ihis lille limi h .. .
reslriclions regarding .h. maximuemap~h~lhlr <>f any reasonabl. local. Sial., or Fed.ral
~~ro~ocs any prqvision in I IS III e r.g::: l~gO a~lc~ s~~~.;.rmlllled 10 occupy a dwelling.
__ _ er persons. s app y wllh respecl 10 housing
(2) As usCd In Ihis scclion, "housin for older .. --
(A) .provid.d under any SIal. ~r Fed.ra persons means housing-
red tica\lIy desig~and operaled 10 asslS: ~{~!::'ym Ihal Ih(. Secr.tary, d.lermines is
.ra program 0 persons as d.fined 10 Ihe Sial. or
(B) inl.nded for,' sol.ly occu ied b
(C) imended and operaled lor ex: y, peb rsons 62 years of aae or old.r'..!;!r
~UDlI I upancy y al leasl on. perso 55 f
. n ,a.l.rmmlhg whether housmg quallh n years 0 alle or older
I IS lion. Ihe Secrelary shall dIes as. housmg lor older persons und.r
foll~ing fa~lors; .v. op r.gulallons which require al leasl Ih.
(ffi)t~e eXISI.nce of significanl facililies and se . . .
phY~lcal or social needs of older perso r:;ces SPCCI~,,:",lIy desIgned 10 meel Ih.
servlC.S is nol prac.icable Ihal such ~S. o~ I ~h. provls,on of such facililies and
~sing opportunilies for oid.r persons' a~l~smg IS necessary 10 provide importanl
f .hal a. leasl 80 rc.nl of Ih. units' are occu . d b
o all. or older per unll; an Ie a. I aSI O,!~, person 55 vears
:>1':>
.
FAIR HOUblNG
42 uses ~ 3607
(iii) jhe publicalion of, and adherence 10, policies and procedures which demonSlrale
an'. Y Ih. o....n.r or manager 10 provlO. nousmlllor persons 55 years of age or
01., ~ '
(3) Housi shall no. fail 10 meet Ihe requir.menls for housing for old.r persons by reason
of;
(A) pe ons r.siding in such housing as of Ihe dale of .naclmenl of Ihis Acl who do nol
m.el I . age r.quir.menls of subseclions (2)(B) or (C); Provided. ThaI n.w occupants
of suc housing me.1 Ih. age requirements of subsec.ions (2)(B) or (C); or
(B) un cupied unils; Provided, Tha. such unils are reserved for occupancy by persons
who m el Ihe age r.quirements of subsections (2)(B) or (C).
(4) NOlhJ' 8 in Ihis lille prohibils conducl againsl a person because such person has been
convic.ed by any court of compel.n. jurisdiction of .he illegal manufac.ur. or dislribulion
of a cont oiled subslance as defined in sec.ion 102 of lhe Controlled Substances ACI (21
U .s.C. 80 ),
(As amende S.PI. 13. 1988. P. L. 100-430. ~ 6(d), 102 Sta., 1623.) , '
I IIISfORY: ANCILLARY lAWS AND DIRECTIVES
Amen&neats:
1988. A.ct Sept. 13, 1988 (ctfcclive on the I 80th day beginning after enactmenl. as. provided
by ~ dea) of such A"I. which .ppears as 42 uses ~ 3601 oOle) designaled the ",,"og
pW"'Sl' 01 as subs.:c (a); and 4&dded subscc. (b).
Other rovisions:
Rc(tul dons clariryin~ the tel"m ""housing (or older persons", Act Ocl. 28. 1Q92. p, L 102-
sso. 1111< IX. Subll.le A. ~ 91Q. 106 Slat, 3g83. provi~<,,, "The Sccrda<)' of Hous.ng and
lJrhan!Devc1()pmenl shall. nOI taler (han 180 days afl~f Ihe date of IhC' (naCIOlC'DI of Iha!i Al.:(,
m.ake tules defiulU(: ""hiSl arC' .significant fadlit,\."S and '\.(f""Co. especially dcsi~ncd to nlt.'ct
Ihe physl,al or ~A:'i..1 nl.:('ds of older persons' rcquir('d under ~l'hon 801(b)(:n of Ih~ hur
Uouslbg AI:l (lloub:.,,"",-", (b)(;!) of lhis sectiun) lO meel Ihe ddlmcion of the lerm .hllusUlg It)(
older rcrsons' in su~h Sc:L'lIon:'.
I~'TER"RF.TIVE NOTF$ ANI> DECISIONS
Nonprofit organi7.:tliun was not exempt under 42
uses ~ .l607 as rehgulus ()r~anI7.alion (lr privale
duh. where although Cat huh..:: Chur..:h approved of
organu-"'luon of ~unulI...'r t'Uln)!"llu"'"'' ",utd l'ermill.:d
rdigauus ~n'ices on prenu~e~. there ,,'as no (onnal
or legal rcl"lioll~hip ""Jlh Church, and where pri.
vale club e~emplion dld noOl .-ppl)" 10 sail: of bung3-
low5 hut only exempted renlal (If occupancy of
lodging!\.. Ullitcd Slalcs v Columbu~ Country Club
(19<lQ, CAl'Pa) 91S F2d 871.
Ordinance restricling to 4 (he mu.imum numher
of unrdat4..-d oc.:upanl~ living'in homoo loned ("n
single (amilies did not vlolale FIlA. ~afKe ordinance
fell wllhin stalulory exemption under 42 uses
~ 360;(b)(1) pcmlil1ing rca~nable muimum occu-
pancy rcsl rjclions thai apply equally to all oceu.
pants. notwi,bstandlllg da'ffi thai ordinance was
unreasonable because ,t had disparate impact on
handicapped indh.iduals. Elliou v Athens (1992.
CAli Ga) 960 F2d Q1S.
Ahhough subdiviSion homrowncrs" associat!on
was eligible for older pcrson." exemption under 42
uS{.'S ~ 31i07, associalion did nOI salisfy p<>licies
and procedure prong of Slatulory tCSt ror enmp-
t'on. where association had not instituted age-
verificalion procedures evidencing intent to provide
housing for persons SS years of age and older pdor
to taking action against younger homeowners with
cbildren, r:ule againsl residency by those under 16
years of ~&e was nol suffkienl basis to qua:iry
subdiv,sion for older persons excmption. association
board failed to develop credible process for enforc.
ing bylaws. and secrdary of association lestified
that sbe: did not believe that under SS restriction
bylaw amendment was- enforceable. and associalion
did not enforce ll. Massaro v Mainlands Sectlon I .
It 2 Civic Assn (1993, CA II Fla) 3 F3d 1412, 7
FlW Fed C 887
.
Fur l)UrpuS\."'S tlf 42 uses ~ .,6tH at~lh)n oalkging
discnmill3110u on basis o( familial slalUS afler
ualkr I\<lfl owners refused rCllIa's an"" s;1tcs 10
rer..."'... ",llh ....hIMren and to ytlUUl! aduhs. utllder
pCrsHIl':l" ..:~empllon in t 3601(h)(2)('Cl W:I-' .lt1ifma.
hvc dd...:n~ and l..:ould not be basis for challcnJ.c 10
stalldUl~ Il[ rlaulIltrs. and e\',dcllce \I.'as In''iIlftku:nl
to mccl "older 1"crS4.ms" uemplltm. ...,:hl"I'.. Iltllv 7:\ q
percenl of unib wcte occupied by ,~:'l' ,;;.".
Hooker \' Wealhcn;, (199J. CAb OhIO) 1.J'1U l .t,] ',13,
2S FR So'" ld Q8g,
Mobil..: home park opcra\OfS are nOI entitled to
42 uses ~ 3bOl(b){2) exemplion from general pro-
hiblllon of dlscnmination on basi, or {amllial SlalUS,
where opcrators~ rules prohibit rcsldence by chil,
dr(:n in (hear mobile home: parl:s, because operalors
failed to prove thai their parks (I) pro\'ldc '"signifi~
canl facilities and services spccafically d.::sisncd LO
meet physical or social ncc:ds of oJder persons, or
(2) thai il is nOI praclicable. due to high cost or
otherwise. for them to provide such bdHl.ics and
services. Park Place Home Broken v P.K Mobile
Home Park (1991. NO Ohio) 17l F Supp 46,
HomeowneR with sman children lose challenge
10 rcsidential subdivision rcstriction barrin, chi).
deen under 16 ycan of age from residing in commu.
nilY, where age verification procedul'C$ \'crific:d that
ovcr 90 percent of houses in community had at 'east
one rcsident who was over 55 ycan of age. associa~
tion demonstrated numerouS programs and fadlities
designed for elderly, and passage and enforcemen.
or bylaws showed intena 10 provide housing for
older persons. because communlty qualifies as
"housing for older persons" under 42 uses
t 3607(b)(2)(C) and is ..empl from provisi<>lls of
amended Fair Housiog Acl (42 uses U l6O1 el
scq.) that prohibit discriminalion a~ainsl families
wich children. Massaro v Mainlands Seelion 1 & 2
Civic A>sn, (1992, SO Aa) 196 F Supp 1499,
253
..
.
~
J
.~
.
CKNO
15291
15292
15293
15294
15295
15296
15297
15298
15299
15300
15301
15302
15303
15304
15305
15306
15307
15308
15309
15310
15311
15312
15313
15314
15315
15316
15317
15318
15319
15320
15321
15322
15323
15324
15325
15326
15327
15328
15329
15330
15331
.
CHECK APPROVAL LISTING FOR FEBRUARY 13,1995 COUNCIL MEETING
CHECKS ISSUED SINCE JANUARY 19, 1995
TO WHOM ISSUED PURRE:
US POSTMASTER POSTAGE FOR METER
GROUP HEALTH JAN HEALTH INS
DEPT OF PUBLIC SAFETY RETAILER'S L101WINE APP.
US POSTMASTER SPECIAL NEWSLEITER POSTAGE
FIRST STATE BANK FED/FICA PAYROLL TAX
PERA PEPA
ICMA RETIREMENT TRUST 457 DEFERREDCOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
CHILD SUPPORT ENFORCEMENT PAYROLL DEDUCTIONS
ANOKA CTY SUPPORT/COLLECT PAYROLL DEDUCTIONS
MN DEPTOF REVENUE STATE PAYROLL TAX
EDISON SIGNS UQUOR SIGN
ROLF E.A. ERICKSON ASSESSOR FEElSUPPUES
FBS-INVESTORS SVCS INC REFUND DOUBLE INT PYMT
GOVERNMENT TRAINING SVC NEWLY ELECTED OFF. CONF
KATHLEEN HEBERT SEC 125 REIMB
PATRICIA HELGESEN SEC 125 REIMB
BILL JOSEPHSON SUPPUES
CELLULAR TELEPHONE CO AIRTIME
CITY OF MOUND 1ST QTR FIRE PAYMENT
BRADLEY NIELSEN SEC 125 REIMB
NSP UTILITIES
JOSEPH PAZANDAK MILEAGE
STATE BOARD OF ELECTRICITY ELECTRICAL INSP FORMS
UNIVERSITY OF MN MUNICIPALS WORKSHOP
US WEST COMMUNICATIONS
TOTAL REGISTER SYSTEMS CASH REGISTER
BELLBOY CORP UQUOR
DAY DISTRIBUTING BEERlMISC
EAST SIDE BEVERAGE CO EEER
GRIGGS, COOPER & CO L1QUOR/MISC/WINE
JOHNSON BROS LIQUOR CO L1QUOR/WINE
LAKE REGION VENDING MISC
L1NDERHOLM TRUCKING FRBGHT
MARK VII EEER
PHIWPS WINE & SPIRITS L1QUOR/WINE
QUALITY WINE & SPIRITS EEER
THORPE DISTRIBUTING EEER
THE VICTORIA GAZETTE ADVERTISING
THE WINE CO WINE
SUBWAY NBGHBORHOODMTGS
AMOUNT
$750.00
1,102.46
20.00
494.01
7,529.25
2,055.51
980.29
462.00
92.50
139.44
1,265.03
1,980.00
3,464.30
3,986.25
135.00
249.62
158.00
746.81
69.13
1,610.75
100.00
2,461.59
68.61
25.00
35.00
715.71
11,427.45
2,234.00
204.55
665.45
3,532.13
2,209.96
167.10
52.00
186.55
958.74
36.40
962.90
45.00
75.00
31.95
Page 1
.
CKNO
15332
15333
15334
15335
15336
15337
15338
15339
15340
15341
15342
15343
15344
15345
15346
15347
15348
15349
15350
15351
15352
15353
15354
15355
15356
15357
15358
15359
15360
15361
15362
15363
15364
15365
15366
15367
15368
15369
15370
15371
15372
.
CHECK APPROVAL LISTING FOR FEBRUARY 13, 1995 COUNCIL MEETING
CHECKS ISSUED SINCE JANUARY 19,1995
TO WHOM ISSUED PURFa3E
GFOA CONFERENCE REGISTRATION
PIZZA PLATTER NEIGHBORHOOD MTGS
PERA PERA LIFE IN&FEB
MEDICA FEB HEALTH INS
MEDCENTERS FEB HEALTH INS
GROUP HEALTH FEB HEALTH INS
LEAGUE OF MN CITITES FEB DENTAL INS
MN MUTUAL LIFE FEB srr DISABILITY INS
COMMERICAL LIFE INS CO FEB LIFE INS
AFSCME COUNCIL 14 FEB DELTA DENTAL
ROXANNE MARTIN APPREC PARTY MCCARTY
MINNEAGASCO UTILITIES
NORDBERG CONSULTING F1LEMAKER TRAINING
NSP UllLITIE&STREET LIGHTS
NSP UTILITIES
PEPSI COLA CO MISC
PETTY CASH PErrY CASH REIMB
SCHAD TRACY SIGNS UQUOR SIGN
CITY OF TONKA SAY FINAL PYMT INVIDEC-FEB RENT
BELLBOY CORP L1QUORIMISaSUPPLlES
GRIGGS, COOPER, & CO L1QUORIWINElMISCIINVENTORY
JOHNSON BROS LIQUOR CO L1QUORIWINEIINVENTORY
LAKE REGION VENDING MISC
LEEF BROS CONTRACTUAL
PHILIPS WINE & SPIRITS WINE/INVENTORY
QUALITY WINE & SPIRITS L1QUORIWINElBEERIINVENTORY
RYAN PROPER11ES, INC FEB RENT
VAL-PAK ADVER11SING
WASTE MANAGEMENT-SAVAGE WASTE REMOVAL
THE WINE CO WINE INVENTORY
WORLD CLASS WINES, INC WINE INVENTORY
FIRST STATE BANK FED/FICA TAX
PERA PERA
ICMA RETIREMENT TRUST -457 DEFERREDCOMP
CITY COUNlY CREDIT UNION PAYROLL DEDUCTIONS
AFSCME LOCAL #224 UNION DUES
CHILD SUPPORT ENFORCEMENT CHILD SUPPORT -G. DAVIS
ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -G. SCHMID
MN DEPT OF REVENUE STATE TAX
CARLSON REFRIGERATION CO SHELVING
KATHLEEN HEBERT SEC 125 REIMB
AMOUNT
275.00
56.48
54.00
4,153.88
2,556.24
1,102.46
427.29
81.00
48.45
224.00
40.21
1,534.14
360.00
2,221.15
115.74
88.00
71.77
422.50
18,324.28
2,145.31
28,756.92
10,012.88
1 67.1 0
25.17
8,831.78
8,286.88
2,493.75
460.00
153.00
559.96
600.79
6,765.04
2,081.84
839.98
462.00
138.95
92.50
139.44
1,162.11
12,005.22
192.31
Page 2
.
.
CKNO
15373
15374
15375
15376
15377
15378
15379
15380
15381
15382
15383
15384
15385
15386
15387
15388
15389
15390
15391
15392
CHECK APPROVAL LISTING FOR FEBRUARY 13, 1995 COUNCIL MEETING
CHECKS ISSUED SINCE JANUARY 19, 1995
TO WHOM ISSUED
HENN C1Y TREASURER
THERESA NAAB
f\SP
JOSEPH PAZANDAK
ALAN ROLEK
CITY OF TONKA BAY
US WEST
BELLBOY CORP
MIDWEST COCA-GOLA
DAY DIST
GRIGGS, COOPER & CO
JOHNSON BROS LIQUOR CO
LAKE REGION VENDING
MARK VII
NORTH STAR ICE
PAUSTIS & SONS
QUALITY WINE & SPIRITS CO
THORPE DIST
THE VICTORIA GAZETTE
THE WINE CO
PURR:SE
SECTION MAPS
SEC 125 REIMB/MTGS REIMB
UTILITIES
MILEAGE/SUPPLIES
SEC 125 REIMB
REIMB CR W/GRIGGS, COOPER
COMMUNICATION
UQUOR
MISC
BEER/MISC
L1QUORIWINE
L1QUORIWINE
MISC
BEER/MISC
MISC
WINE
L1QUORIWINE
BEER/MISC
ADVERTISING
WINE
TOTAL CHECKS ISSUED
Page 3
AMOUNT
39.00
83.86
1,817.78
89.24
29.60
17.80
328.59
806.20
273.35
3,852.85
1,704.19
238.43
267.36
1,303.65
36.00
276.98
1,236.38
8,469.15
45.00
306.92
r -r\: t .Ii' V',I
CHECK APPROVAL LIST FOR
~Lb. 13. 1995 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
--.-------- ----_.__._.__.._._._._-~-_._._--_._._.__. -_._-~-_._-_.__.__._------_.__.- -.--.-.---- -----------.
15393 AIRSIGNAL, INC.
P(.~GER
15394 I';I_B I NSOH
Ei...jL()PGEi'1E:NTS
PU~NN I NG
15395 AME:RICAN PRE:SSURE INC.
RE:PAIR PRESSURE WASHER
PUB 'AiKS
15396 APPLIED GRAPHICS ASSOC.
PLANNING NEWSLETTE:R
PLAi...jN I t.../G
15397 BIFFS, INC.
PORTABLE TOILETS
j:1 ~~ F~~ ~~ S S<.
15398 BOB RICHARDS PHOTOGRAPHY PHOTO OF '95 COUHCIL
COUNCIL
15399 BORDER BOOKSTORE:
i'1 S II'} 0 f-< 0 t"i (.~ i...j U (.~ L_
tillt..j BLDG
15400 CARGILL SALT DIVISION
.L5401 CHI;~i,.jH(IS:3i::r..j..-C I TY OF
SALT SNOW & I
NOV & DEC ANIMAL CONTROL PROT INS
9.. 5t1
3~: ..1~:~
317..68
.SJ..c~ .. ~::13
245.04
.52:,,. 2.5
46.77
.1.. ~ 515t:1 .~ c,:2
2,004.20
15402 CHANHASSEN LAWN AND SPORT SHOP SUPPLIES CITY GAR 25.17
SHOP SUPPLIES PUB WKS 43.07
*** TOTAL FOR CHANHASSEN LAWN AND 68..24
15403 CKS, INC. SHOP SUPPLIES
CITY GAR
15404 CONTACT MOBILE COMMUNIC. RADIO REPAIP
PUB 1,..)KS
15405 COORDINATED BUSINESS SYST COPIER MAINT
i1UN BLDG
15406 CROSSTOWN-OCS. IHC.
C:()j::7F: E::E~
t1U[..j i3LDG
15407 DEPT OF NATURAL RESOURCES WELL PERMITS WATER DE
.15408 HI';F<i10N GU~:3S/GLtlZ I ["Kl. :r i..jC II') I NDOII.) F~EP(.~ I R-...I,..)(.iFm:r NG HO PI;~F~KS .~
15409 HAROLD DIRCKS VIDEO TAPING PLAN COMM
PU';['.jN I NG
15410 DRISKILL'S SUPER VALU NEIGHBORHOOD HTGS
PU';p.jN I NG
15411 ELK RIVER CONCRETE PROD.. MAHHOLE RINGS
SEV')Ei~ DE
15412 EXCELSIOR-CITY OF
4TH QTR WATER PURCHASE
I,..)ATER DE
15413 E-Z RECYCLING INC.
J I;~N F<:ECYCL I NG
RECYCLIN
80.40
116..70
414.00
:2 S'; ,~ 2.::;,
250.00
443..87
20..00
LL..24
3S.)(~ ... t.<1..
:2 ~ 253 .. S'4l.
4,370..00
15414 GOPHER STATE ONE-CALL. IN ONE CALL SERVICE WATER DE 4..38
ONE CALL SERVICE SEWER DE 4.37
*** TOTAL FOR GOPHER STATE ONE-CAL 8..75
15415 GOVERNMENT TRAINING SVC
BLDG CODE SEMINAR
PROT INS
15416 GRIFFCO. INC.
CITY GM<
SHOP SUPPLIES
15417 HANCE HARDWARE, INC.
LIGHT BULBS-WARMING HOUS PARKS &
Page 4
30..00
87..73
12...11
r" L T \/ ~) t . ,"~',:; }--! () F: i::~ V',l U C:i j)
C~~ECK AI:)I:)ROVAl l_IS'Y POR
FEB. 13. 1995 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
_____.__._ ___,.____.________.____.______, ._.___.__.__._.__M__.___.____...._.__ -------- -.-----.-----
SHOP SUPPLIES CITY GAR 6.37
*** TOTAL FOR HANCE HARDWARE, INC. 18.48
15418 HENNEPIN COUNTY TREASURER DEC PRISONER EXP
15419 HENNEPIN TECHNICAL CLG
COMM VEH INSP COURSE
P()LICE P
11_88
40.00
15420 HOPKINS PARTS COMPANY SHOP SUPPLIES CITY GAR 117.53
SHOP SUPPLIES PUB WKS 31.64
*** TOTAL FOR HOPKINS PARTS COMPAN 149_17
15421 HOSE INC.
HOSE 1...J,OZZLE
15422 J & R RADIATOR CORP.
R:::iD I 1:~TOr:;' REP(~ I R
e<. 1 ''',-"
."::I(.tL...:'1
PFWDUCTS
SHOP SUPPL.. I ES
}<. (;~ F~~
15<.124 L..(~f'~}<. IN,
HOFFMAN, DALY... LEGAL
Li::G(~L
*** TOTAL FOR LARKIN,
HOFFMM..J, ,
C)(.) L
15425 LIFE AND SAFETY
1ST AID SUPPLIES
15426 M-V THERMOGAS CO- CHASKA UTILITIES-WjH ON 62ND
15427 H.C MAYER AND SONS, INC. LUBE & OIL
1542;3 M(~f1(1
1'1 (~I'.i A L.. U (J, C :..1
15429 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES C3358
eL t; 4 '7. '''J
--I ""011.
WM. MUELLER & SONS, INC.
S(~)I...J,D
15431 MIDWEST REFUSE SYSTEMS
REC'y'CL I I'Ki B(:;G~:;
15432 ORR,SCHELEN,MAYERONjASSOC ENGINEERING
ENG I 1...J,EEF'~ I NG
El...J,G I NEEF~ I NG
ENGINEEF~ING
EN(:l I HECI~ I [...J,(I
CHG I NEcr~ I NG
aJ,GINCCf~ING
CNG I NCCF<~ Il"J,G
*** TOTAL FOR ORR,SCHELEN,MAYERONj
15433 PEPSI COLA COMPANY
POP PUF~CHr:~SE
15434 PITNEY-BOWCS INC.
POSTAGC MACHINE RENTAL
15435 RIVER VALLEY AUTO PARTS
VEH M(~Hn
15436 SHOREWOOD TRCC SCRVICE
f~El''''iOVEjH(;~UL TF<~CCS
CITY G()F<~
pue i/.jKS
CITY
Cll~~ F~~
PF<:OF SCF<~
~;!1 8f)3 ,.2~i
CITY GI~f~
Pf-~RKS ,&
CITY GPIR
() 0 1'1 I [...J,
GEr"'J, GO"'/T
~3HCII,..J ,~( I
l"'iUl'.] SLOG
I,..) (~YT E F<~ Dr:'::
SElNER DE
6 c' 48::, .18
l....iUN SLOG
MUH OLDG
PUB I/~KS
TF~EE i'1I:~ I
15437 SMITH OFFICE EQUIPMENT
PRINTER MAINT AGREEMENT MUN SLOG
Page 5
27.00
~2.:::13" ~)1
108. ,Ul
3;1 e.\7'7 ,. ~:~t:l
12::, : 40
251..6,7
99.84
266, .. .5 '7
13,,00
~~24, .. 3ES
1,. at.. 0 . 41
48.13
3,108.94
1,02.1.::,0
5,33 ~ 2.~:)
49.S0
1:23.. "75.,
S7? . 69
30.1. SO
769.05
10.:;, . 05
92.66
21. . 26
936.48
.~.;o84 . 88
CIry OF SHORE~OOD
CI~ECK APF)ROVAL L:rST FOR
FEB. 13, 1995 COUNCIL MTG
CHECK~ VENDOR NAME
DESCr-~ I PT I Oi'..i
DEF'T..
(\11()Ui'.J,T
15438 SO LK MTKA PUB SAFETY DEP FEB PAYMENT POLICE P 35,301.76
OCT-DEC COURT OT/CITATIO POLICE P 1.178.29
*** TOTAL FOR SO LK MTKA PUB SAFET
15439 SUBURBAN TIRE CO., INC.
TIPES
15440 SULLIVAN UTILITY SERVICES PUMP OUT LIFT ST ~8
15441 TECHNICAL REPRODUCTIONS
PHOTO ST~~T
15442 SUPERAMERICA
FUEL
15443 TIME SAVER OFF SITE SEC
t1 I t"iUTES
.1.::.444 TOI'if<.t\ (lUTO (~t--i[) E30D'y' SUPP ~:.:;HOP SUPPL I ES
15445 TONKA PRINTING CO. PRINTING
Pf~ I NT I (...J,(;1
*** TOTAL FOR TONKA PRINTING CO.
1:;.446 TSP/EOS
SOUTH SHORE SR PROJECT
15447 TWIN CITY WATER CLINIC
1/.if'HER TESTING
15448 UNITOG RENTAL SERVICES
UNIFORMS
15449 VICTORIA REPAIR AND MFG
HOCf<.EV GO(.;LS
15450 W HENN HUMAN SERVICES
9~::. CONT}~IBUTIOi...j
.15451 r'1r..j SUr...j PUBLIC(lTIOI-.J,S
LEG~~L PUBL I SH I 1...jG
*** Total Checks for Approval
*** Total Check Approval List
Page 6
3t:) ~ 481) u(),5
P U 8 '/,J}<' S
407.04
SEI/,)EF\~ DE
420,,00
PL(~NN I NG
J.5 . 8~j
CITY Gi;~F<~
93~1. .90
GEI'--J, GOVT
:~:)34 " 7 'Ii;.
PUb I/.IF.S
.1.5 u .~:)3
GEN GOVT 316.31
COUNCIL 217.26
.S33.. .5"7
PROF SER
5,023.98
'riA TER DE
20.00
CITY G(:IR
4.S:2 ,. 23
P(~R}<.S 8<.
200..00
COuI...je: I L
~1. ,. 341 .. 00
53..04
75,179..25
268,416.54
..,;
C H ... C: k' 1-< ,- G I .~ T I:::. F-<
;:::. ". c. ~
CHECK CHECK E11PLOYEE N{~ME CHECK CHECK
TYPE DATE I'J.LWiBER NUMBER A110UNT
COM 1 24 qc: 120 ROBERT B. BEAN 209042 230.87
-...;}
COM .1 24 95 125 BRUCE E. BENSON 209043 .184.70
COM 1 24 95 .165 MA TTHE'..v (-1 .. BOEHLKE 209044 59.36
COM 1 24 95 350 TIMOTHY J. CRUICKSHANK 209045 60.95
COM .1 24 95 500 CHARLES S. DAVIS 209046 622.05
COM 1 24 95 775 JA11ES C. EAKINS 209047 441.26
COM .1 24 95 870 KELLY P. FLANAG(~N 209048 77.57
COM .1 24 95 915 J r-;SON IN . FR(~NK 209049 133.9.1
COM 1 24 95 .100.1 JOHN M. FRUTH 209050 71.10
COM 1 24 95 1.1.15 AMY L GRAHN 209051 1ll.88
COM 1 24 95 1.170 MARLENE S. HAPTONSTALL 209052 400.46
COM 1 24 95 1.175 ALAN S HASKINS 209053 154.96
COM .1 24 95 .1.190 K(;; THLEEN A. HEBERT 209054 570.78
COM .1 24 95 .1.195 PAUL T. HEGG 209055 63.52
COM 1 24 95 1400 PATRICIA R. HELGESEi'.J. 209056 894.27
COM 1 24 95 1415 SHAWN D. HEMPEL 209057 72..16
. COM 1 24 95 .1550 JAMES C. HURM 209058 2992.29
COM 1 24 95 1601 BRIAN D. JAKEL 209059 53..19
COM 1 24 95 .1700 JEFFREY (~ . JENSEN 209060 733.10
COM 1 24 95 1800 DENNIS D. JOHNSON 209061 806.38
COM 1 24 95 1950 MARTIN L. JONES 209062 76.79
COM 1 24 95 2100 WILLIAM F. JOSEPHSON 209063 632.19
COf1 1 24 95 2250 JASON N. KOERTING 209064 95.28
COM 1 24 95 2270 JOHN T. KOPISCHKE 209065 94.92
COM .1 24 95 2500 SUSAN M. LATTERNER 209066 .188.75
COM 1 24 95 2555 TAMMY E LENZEN 209067 73.18
COM .1 24 95 2750 ALEX E. LOCKOVITCH 209068 .144.87
COM 1 24 95 2800 JOSEPH P. LUGOWSKI 209069 799.97
COM 1 24 95 2875 DOUGLAS J. MALAM 209070 .184.70
COM 1 24 95 2900 RUSSELL R. MARRON 20907.1 123.08
COM .1 24 95 2930 JENNIFER T. MCCARTY 209072 182.05
COM .1 24 95 3000 THERESA L. NAAB 209073 665.76
. .COM .1 24 95 3100 LA1..vRENCE A. NICCUM 209074 877.61
COM 1 24 95 3400 BRADLEY J. NIELSEN 209075 1.100.28
COM 1 24 95 3500 JOSEPH E. PAZANDAK 209076 1.1.13.75
COM 1 24 95 3530 SANDRA R. PETERSEN 209077 33.25
COM 1 24 95 3600 DANIEL J. RANDALL 209078 868.08
COM 1 24 95 3620 NICHOLE K. REINHARDT 209079 . .12. 46
COM .1 24 95 3701 BRIAN M. ROER I CK' 209080 93.01
COM 1 24 95 3800 ALAN J. ROLEK 20908.1 12.17.54
COM 1 24 95 3900 CHRISTOPHER E. 'SCHMID 209082 4.18.00
COM 1 24 95 39.10 R CONRAD SCHMID 209083 66.50
COM 1 24 95 4500 KRISTI STOVER 209084 1.84.70
COM 1 24 95 4600 BEVERLY J. VON FELDT 209085 656.98
COM 1. 24 95 461.0 LEA ANN M. VO/,.J. FELDT 209086 350.72
COM 1. 24 95 4620 NICHOLAS P. VON FELDT 209087 7.1.24
COM .1 24 95 4750 RALPH A. WEHLE 209088 634.74
COM 1 24 95 4900 DEAN H. YOUNG 209089 656.84
COM .1 24 95 5000 DONALD E. ZDRAZIL 209090 1255.67
****TOTALS****
2.1607.67
Page 7
~~
CHECK
TYPE
.
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
20M
.
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
MAN
CHECK
DA'TE
2 07 95
2 07 95
~ 07 95
~ 07 95
2 07 95
2 07 95
2 07 95
? 07 95
~ 07 95
2 07 95
2 07 95
? 07 95
2 07 95
2 07 95
2 07 95
2 07 95
L 0"7 95
L 07 95
_ 0'7 95
~ 07 95
_ 07 95
L 07 95
~ 07 QS
, 07 95
2 07 ~i.~
2 07 9S
2 07 95
~ 07 95
_ 0'7 ,~s
~ 07 9S
~ 0-7 95
L 07 95
2 07 qS
2 07 95
2 07 9S
7 0'7 95
2 07 9S
2 07 9S
_ 07 9S
2 07 9S
.- 07 95
7 07 95
~ 07 95
2 07 95
C H E C K
REG I ~ T ~ R
EMPLOY::E NAME
NUMBER
165 MATTHEW A. BOEHLKE
350 TIMOTHY J. CRUICKSHANK
375 JODI A. DALLMAN
500 CHARLES S. DAVIS
775 JAMES C. EAKINS
870 KELLY P_ FLANAGAN
1001 JOHN M. FRUTH
1150 SUZANNE M. GRAHN
1170 MARLENE S. HAPTONSTALL
1175 ALAN S HASKINS
1190 KATHLEEN A. HEBERT
1195 PAUL T. HEGG
1400 PATRICIA R. HELGESEN
1415 SHAWN D. HEMPEL
1550 JAMES C. HURM
1700 JEFFREY A. JENSEN
1800 DENNIS D. JOHNSON
1950 MARTIN L. JONES
2100 WILLIAM F. JOSEPHSON
2212 MARY 8eTH KNOPIK
2250 JASON N. KOERTING
2265 "TRACI A~ .KOOI
2270 JOHN T. KOPISCHKE
2500 SUSAN Mw LATTERNER
2555 TAMMY E LENZEN
2750 ALEX E. LOCKOVITCH
2800 JOSEPH P. LUGOWSKI
2900 RUSSELL P. MARRON
3000 T}~ERE2i; L.. NAA8
3100 LAWRENCE A. NICCUM
3400 BRADLEY J. NIELSEN
3500 JOSEPH _. PAZANDAK
3530 SANDRA Rw PETERSEN
3600 DANIEL J. RANDALL
3620 NICHOLE K. REINHARDT
3701 BRIAN M. ROERICK
3800 ALAN J. ROLEK
3890 JOSEP}~ p~ .SAVER(
3900 CHRISTOPHER E~ ,SCHMID
3910 R CONRAD SCHMID
4600 BEVERLY J. VON FELDT
4750 RALPH A. WEHLE
4900 DEAN H. YOUNG
5000 DONALD E. ZDRAZIL
:~~k**TO'T~LS**~~*
Page 8
CHECK
NUMBER
209093
209094
209095
209096
209097
209098
209099
209100
209101
209102
209103
209104
209105
209106
209107
209108
209109
209110
209111
209112
209113
209114
209115
209116
209l"17
209118
209119
209120
209121
209122
209123
209124
209125
209126
209127
209128
209129
209130
209131
209132
209133
209134
209135
209091
CHECK
AMOUNT
123"46
88~66
69.29
641.37
486.21
.178"63
66.86
19.51
36.1~90
147.46
558.40
87.71
86,1.81
l62~82
1619.93
721.79
797.08
127.93
632.l9
49.87
172.35
98.12
164.50
312~44
142_.3~
112_76
819.30
26~29
642.,58
892,.10
1070.09
1087_59
202.31
926.11
86~l3
93..00
1186_39
137.37
411.60
193.93
605.95
685.31
656.34
l23l.35
19"759..67
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDA Y, JANUARY 3, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Rosenberger called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Rosenberger; Commissioners Bean, Borkon, Foust, Malam, Pisula, and
Turgeon; Council Liaison Lewis; Planning Director Nielsen.
APPROVAL OF MINUTES
Pisula moved, Malam seconded to approve the minutes of the Commission's
December 6, 1994 meeting. Motion passed 7/0.
1. 7:00 PUBLIC HEARING. BUILDING MOVING PERMIT AND C.U.P.
FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET
AWlicant:
Location:
James Pennington
5860 Eureka Road
Chair Rosenberger announced the case and referred to public hearing procedures. hearing.
Nielsen reviewed James Pennington's request for a building moving permit and a conditional use
permit for accessory space in excess of 1200 square feet. The applicant proposes to move in an
accessory building which when combined with the area of an existing garage exceeds 1200 square
feet. The site, occupied by a home and attached garage, contains more than 1 acre, is zoned R-1A,
abuts single family homes on 3 sides with Freeman Park abutting the rear of the lot. The
garage/storage building will bring the total area of accessory space on the site to 1462 square feet.
The proposed building exists on the Land-De-Con Nursery site and will be dismantled and
reconstructed on the applicant's property.
'(
i
1 ~
;... ..
Nielsen explained how the request complies with the Zoning Code and recommended the request
for a conditional use permit be granted subject to: 1) reconstruction of the building must be
according to the State Building Code and completed with 6 months of approval of a building
permit, and 2) no home occupation may be conducted within an accessory building unless a
separate conditional use permit is approved. Nielsen explained that the c.u.p. process addresses all
public concerns received including two anonymous letters dated December 29 and 31, 1994.
Mr. James Pennington stated he had previously constructed a small shed to house his family's
accessories, but tore it down because of an anonymous complaint. He explained his intention to
move and recycle the proposed building, constructed in 1988, to be used on his property only for
storage of a boat and trailer, snowmobiles, etc.
Rosenberger requested additional information regarding operation of home occupations. Nielsen
explained two types of permits allowed under the zoning ordinance: 1) administrative for low-key
office type operations, and 2) special home occupation permit for operations likely conducted in an
accessory building which requires a conditional use permit. The City's remedies for violations
include: require a permit, cease operations, or commence legal action.
..>;...
PLANNING COMMISSION MINUTES
January 3, 1995 - PAGE 2
Mr. Pennington accepted the conditions of the conditional use permit and reiterated that the
building will be used for storage, not for a home occupation or business use.
Chair Rosenberger opened and closed the public hearing at 7: 12 p.m. there being no comments
from the public.
Turgeon inquired about the proposed location of the building. Pennington described its location on
the overhead site map and reviewed construction of his home. Bean inquired whether another
driveway will be required for access to the building. Pennington stated a permanent driveway
would disrupt the wooded area and such a surface is not needed for his use. The Commissioners
interposed no objections to the application and supported the staff recommendations.
Pisula moved, Borkon seconded to recommend to the Council that it approve a
moving permit and a conditional use permit for accessory space over 1200 square
feet requested by James Pennington, 5860 Eureka Road, subject to the staff
recommendations. Motion passed 7/0.
The Council will consider the recommendation at its January 23, 1995 meeting.
2. 7:15 PUBLIC HEARING. VARIANCE TO THE SHORELAND DISTRICT
HARDCOVER REGULATIONS/VARIANCE TO EXPAND A
NONCONFORMING STRUCTURE
Applicant:
Location:
Gene Gopon
20645 Radisson Road
Chair Rosenberger announced the case and outlined the procedures for a public hearing.
Nielsen reviewed the staff analysis of the variance requests detailed in his December 27, 1994
memorandum. He described Mr. Gopon's proposal to significantly remodel the home located at
20645 Radisson Road including replacement of the entire second floor, construction of a 2 level
addition on the east side and a second floor bedroom addition over the existing garage. Nielsen
explained 5 ways in which the property does not currently comply with zoning requirements
including setbacks and impervious surface. The proposal increases hard cover on the site although
the applicant proposes replacement of a boardwalk with a sidewalk and removal of a small deck
and patio. Using drawings provided by the applicant's architect, Nielsen detailed the extensive
remodeling project proposed.
In reviewing the issues related to this application, Nielsen noted the Code allows limited expansion
provided expansion complies with current code requirements and does not increase the
nonconformity. Be recommended that because the garage is located 33.5' from the street right-of-
way where the Code requires a 35' setback, the room addition over the garage be jogged back 1.5'
or the existing garage be cut back 1.5' to comply with the Code. With respect to lot coverage,
Nielsen described methods to decrease the nonconformity of the property, acknowledging that it is
not likely that coverage can be reduced to meet the Shoreland regulations limit of 25%.
Nielsen explained that the staff report assumes that the value of the second floor and roof are less
than the first floor, foundation and garage. He stated that if the structure is destroyed to more than
50% of its value, it must be rebuilt completely in compliance with setback requirements, therefore
any variance must be contingent upon preserving the first floor structure. Failure to preserve the
first floor structure requires complete reconstruction entirely within the lot's buildable area.
Subject to this stipulation and the following conditions, Nielsen recommended that the variance be
granted: 1) bedroom addition over the garage must comply with the 35' setback requirement; 2)
deck nearest the lake must be reduced to a 4' maximum width; 3) 8'x 8' deck near the lake must be
removed; and 4) proposed sidewalk must be reduced to 4' in width. This recommendation allows
the applicant to upgrade the property substantially and achieve closer compliance with zoning
regulations.
PLANNING COMMISSION MINUTES
January 3, 1995 - PAGE 3
Ms. JoEllen Hurr, architect for the applicant, stated acceptance of conditions 3) and 4) of the staff
recommendation. Hurr explained that with respect to 2), while the 1983 survey did not show the
steps to the lake (and other items), a previous owner who lived there 15 years ago confirmed that
the deck and steps did exist at the time he purchased the property. She requested a modification to
the recommendation to retain the deck for use as a landing area near the dock. She explained it is
structurally better to build the room addition directly over the garage, stated the average setback is
35' if the garage would be parallel to the road, and a small triangle area causes the nonconformity.
Hurr circulated photographs of other homes in the area pointing out that setbacks from Radisson
Road are all similar.
Chair Rosenberger opened the public hearing at 7:35 p.m.
Donna Jordan, 20665 Radisson Road, explained a concern with respect to the deck at the bottom
of the hill which appears to encroach onto her property and requested that clarification be provided
and the deck be removed. In addition, she stated that previous owners installed a boat lift and
cover on the west side of the dock which appears to encroach into her yard. She requested
removal or redesign of that encroachment to bring it into conformity. She requested removal of
woodpiles and other materials left by previous owners. Another concern related to the stone
retaining wall and Ms. Jordan inquired whether it will be removed. She stated many trees would
be damaged by removal.
John Hunner, 20625 Radisson Road, requested clarification regarding the setback from the
property lines.
Chair Rosenberger closed the public hearing at 7:40 p.m.
The Commissioners addressed the questions and concerns from the public. Nielsen stated that
correction of lot lines based on an accurate survey may be made a condition of approval. He
pointed out property owners are allowed to have properly placed wood piles and removal of other
materials would be the responsibility of the property owner. Nielsen explained that docks are
required to be erected 10' from the property line and any nonconformity should be brought into
compliance and that lifts should be on the owner's property. Nielsen stated that the stone retaining
wall is not recommended for removal. With regard to setback requirements, Nielsen stated the
ordinance requires a total sideyard setback of 30' with no one side being less than 10'. In this
case, the east side establishes the minimum making the west side nonconforming. Nielsen stated
the proposed remodeling will result in a larger home, described the extensive nature of the project,
and reiterated that if the first floor structure is destroyed to more than 50% of its value during the
process, it must be rebuilt completely in compliance with setback requirements.
Turgeon expressed concern that the proposed project increases nonconformity and inquired about
the applicant's acceptance of jogging the room over the garage back by 1-112'. Mr. Gopon
responded that the only 1-112 feet of the corner is nonconforming, that from an appearance
standpoint, it is preferred to bring the addition flush with the garage, and that a jog would result in
loss of square footage area in the added bedroom.
Foust inquired why the staff did not recommend removal of the other deck in the 75' setback area.
Nielsen explained that in considering reduction of the hardcover on the site, that deck is nearest to
conformity and probably of most value, therefore the focus was on other nonconforming aspects.
He reviewed the Shoreland regulations relative to this proposal and indicated that erosion controls
may be added as a condition of approval. Pisula pointed out that a 1-1/2' jog of the room addition
still leaves significant useable living space. Malam stated constructing the second floor room flush
with the garage appeared acceptable since the garage already encroaches into the setback. He
supported the staffs recommendations to reduce the hardcover surface on the site.
Bean requested clarification of the proposed remodeling of the first floor. Installation of a ceiling
includes raising the first floor walls and ceiling by 2'. Bean expressed concern regarding whether
the project involves destruction of more than 50% of its value given the extensive nature of the
remodeling of the first floor. Nielsen reiterated that the staff used a liberal estimate as to the value
,...-..
PLANNING COMMISSION MINUTES
January 3, 1995 - PAGE 4
of the portion to be replaced versus that will remain, and explained that determination is based on
the existing structure not on the resulting structure. Nielsen described the methodology used to
make the value determination.
Borkon expressed concern regarding the setbacks and inquired how the completed project will look
on the property in relationship to the adjoining homes. Nielsen stated the home will be within
current height restrictions and used the architectural overlay drawings to describe the completed
home. Borkon inquired what type of landscaping will be done where decks are removed. Gopon
stated some type of ground cover will be placed. Borkon supported removal of the decaying wood
piles and other materials on the site.
Malam moved, Rosenberger seconded to appoint Commissioner Borkon to the
position of Planning Commission Chair and Commissioner Pisula to the position
of Co-Chair for 1995. Motion passed unanimously.
Borkon as~umed the position of Commission Chair at this point in the meeting.
5. STUDY SESSION
- Comprehensive Plan - Natural Resources Chapter
Nielsen explained that a short period of video taping of this portion of the meeting will be used in
developing materials for use during the neighborhood meetings.
- .
PLANNING COMMISSION MINUTES
January 3, 1995 - PAGE 5
Chair Borkon directed the Commissioners attention to the Natural Resources Chapter of the
Comprehensive Plan dated 10/94. The Commissioners made minor editorial changes to the
Natural Resources Objectives, Issues, and Policies sections which have been previously discussed
and reviewed for final format.
The Commissioners read and reviewed line by line the 5-page Natural Resources Plan dated 12/94.
Changes were made, following extensive discussion in some instances, to reflect the
Commissioners collective position to update the Natural Resources Plan which covers Soils,
Slopes, Tree Preservation and Reforestation, Wetlands, Surface Water Quality, Shorelands and
Flood Plains, and Air and Noise Pollution.
The Commission will meet in a joint session with the Council following the Council meeting on
Monday, January 9, 1995, to consider the Comprehensive Plan Updates.
- Neighborhood Meeting Strategy
Nielsen proposed four dates (January 30-31 and February 6-7) for the comprehensive plan update
neighborhood meetings, reviewed the presentation format, and outlined the Commissioners' roles.
The Commissioners supported Nielsen's suggestions.
6. MATTERS FROM THE FLOOR
Bean requested the Commissioners' perspective on a matter to be considered by the Council
regarding clarification of allowable use of a bank site at the Waterford Shopping Center in response
to a bank construction proposal for the Waterford commercial development.
The Commissioners acknowledged with appreciation the service of Commissioner Rosenberger as
Chair of the Commission during 1994; Councilmember Dan Lewis' service as liaison to the
Commission during 1994; and the service of Commissioners Bean and Malam on the Commission,
who will take their elected positions as Mayor and Councilmember respectively, at the January 9,
1995 Council meeting.
During 1995, Commissioners Pisula and Turgeon will serve as co-liaisons to the Council; Turgeon
will serve as liaison to the Park Commission; and Rosenberger will serve as intergovernmental
liaison.
7. REPORTS
Council Liaison Lewis reported on discussions and actions taken by the Council at its December 12
and 19, 1994 meetings and answered Commissioners' questions.
8. ADJOURNMENT
Rosenberger moved, Turgeon seconded to adjourn the meeting at 11:40 p.m.
Motion passed 7/0.
RESPECTFULL Y SUBMITTED
Arlene H. Bergfalk
Recording Secretary
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