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092683 CC Reg AgP . CITY OF SHOREWOOD .. _.- -------..- -_. REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 26, 1983 ,..... ...... ._- &CIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 7:30 PM AGE N D A CALL TO ORDER: Mayor Gagne =##.~ Rascop Haugen /' · Shaw V Stover A. Pledge of Allegiance and Prayer B. Roll Call ~ [attachment #la] ct~ vA{/ V 1. APPROVAL OF MINUTES: A. Regular Council Meeting - September 12, 1983 2. CITIZEN'S FORUM: A. B. 3. 8:00 PM - PUBLIC HEARING - PROPOSED USES OF FEDERAL REVENUE SHARING MONEY FOR FISCAL YEAR 1984 The amount the City expects to receive is $19,000. [attachment #3a & #3b] 4. UNION NEGOTIATION REQUEST - Mr. Roger Siegal, Business R~presentative, AFSCME Council 3 5. NORTHWEST A.M.P.S - SECOND READING OF PROPOSED ORDINANCE CHANGE: Refer to item #8 of Agenda Packet dated September 12, 1983. An additional report will be provided at the Council meeting. 6. REQUEST.FOR A FENCE PERMIT: Location: Applicant: 26260 Birch Bluff Road Mr. Ron Kokesh [attachment #6a] 7. REVIEW OF FINAL PLAT - CHRISTMAS LAKE ADDITION: Location: Applicant: 21195 Radisson Inn Road Bernice Brooks [An additional report will be provided on Monday by the City Planner] [Refer to Item #6 of Agenda Packet dated June 27, 1983 and minutes found in Agenda Packet dated June 27, 1983] . tllLLAR COUNCIL MEETING SEPTEMBER 26, 1983 page two # 8. ATTORNEY'S REPORT: A. Determination by Council as to the need for a setback variance on Enchanted Island. B. Report on Edgewood Road right-of-way. 9. PLANNING COMMISSION REPORT: A. ~ 10. PARK COMMISSION REPORT: A. ~ 11. ADMINISTRATIVE REPORT: A. Review of 1984 proposed budget B. Other items 12. MAYOR'S REPORT: A. 13. COUNCIL'S REPORT: A. 14. APPROVAL OF CLAIMS AND ADJOURNMENT: SHOREWOOD MEMO: DATE: 2t5 September 83 TO: lr1ayor and City Council FROM: Brad Nielsen BE: Christmas Lake Addition - Final Plat The final plat of the Christmas Lake Addition is considered to be consistent with the previously approved preliminary plat. The only determination to be made at this time is when the nonconforming buildings on the west side of the property will be removed. Ideally, this would occur prior to recording the plat with the County. It could be delayed, however, with a restriction that no additional building permits could be issued on any of the lots until the buildings are removed. If this is allowed, the restriction should be recorded against each lot. Subject to this determination and favorable review and comment by the City Engineer and City Attorney, the final plat should be approved. cc: Doug 1Th.rhammer Gary Larson Jim .Norton Mrs. Brooks ~~~~L~~ ~~g~~~~O~E'ING' ~. ~_b.c~'~~J~~' - ~ MONDAY, SEPTEMBER 12, 1983 .,. ..CtAcIL CHAMBERS 5~-COUNTRY CLUB ROAD SHOREWOOD, MN 7.30 PM M I NUT E S CALL TO ORDER: The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:32 PM, Monday, September 12, 1983, in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER: The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilmembers Shaw, Stover and Gagne (Haugen out due to illness) Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer, and Clerk Kennelly APPROVAL OF MINUTES: Shaw moved, seconded by Stover, to approve the Minutes of August 22, 1983, as written. Motion carried unanimously. CHAMPION AUTO STORE PERMIT: A representative from Ryan Construction Company and the tenant for Champion Auto Store, were present to submit for review the store building plans and permit request for two (2) signs. Gagne moved, seconded by Shaw, to approve the Building permit on the condition that no auto repairs be done on or in the premises. Motion carried unanimously. RESOLUTION # 64-83 SIGN PERMIT - CHAMPION AUTO STORE: A request from Champion Auto was made to install two (2) signs on the outside of the building. Shaw moved, seconded by Gagne, to approve one (1) sign (logo) that qualifies under the sign ordinance. Motion carried unanimously. Council informed him that further signage would have to be reviewed by the Planner. SUBDIVISION - MINNETONKA MANOR Lots 17 and le, Block 3 RESOLUTION NO. 65-83 A request from Keith Wilcock was submitted to subdivide Lot 17 from Lot 18. Shaw moved, Stover seconded, to approve the simple subdivi~ion in accordance with the 4 Planning Commission Recommendations. fA MINNETONKA MANOR 1IIPBDIVISION continued ~ Sept. 12 - page two J~ Motion approved unanimously by roll call vote. 4 ayes.. NORTHWEST ADVANCED MOBIL PHONE SERVICE: Representative, Tim McGill presented the proposal to construct a Phone Tower to be located at 24283 Smithtown Road (rear of Moore Auto Sales) for Northwest. Council reviewed the recommendation made by the Planning Commission and reviewed the first reading of the Ordinance Amendment to include "telephone switching station and accessory communication antenna" in the C-3 District. Stover moved, seconded by Gagne, to accept the first reading of this Ordinance Amendment. Motion carried unanimously. 8:00 PUBLIC HEARING - VARIANCE REQUEST: Roedel-24115 Boulder Bridge Drive Public hearing was opened at 8:13 PM to hear a request to add a screen porch to a nonconforming structure and install a swimming pool with no variances needed. Bud Wheeler, Mr. Roedel's contractor was present and changed the request to a deck, to be built 15 I from the rear lot line. The public portion was closed at 8:21 PM with no public comment received. Rascop moved, seconded by Shaw, to approve the swimming pool install- ation. Motion carried unanimously. RESOLUTION NO. 66-83 Gagne moved, seconded by Rascop, to deny the variance request to construct a deck. Motion was denied unanimously. 8:30 PUBLIC HEARING - VARIANCE REQUEST: RESOLUTION NO. 67-83 Howards Point Marina-5400 Howards Point Road Jerry Brecke presented a variance request to alter a nonconforming use in an R-l district by requesting permission to remove the existing underground gas tanks and install larger gas tanks in a different location. Public portion of the hearing was closed at 8:35 PM with the receipt of a letter to be placed in file from Virginia Ridinger of 5330 Howards Point. Road. Council discussed in length the size and type of tanks, the pollution safety, installation methods and legal ramifications due to the R-l zoning district. Stover moved, seconded by Gagne, to grant the variance request to allow the installation of the gas tank according to the State Fire Marshall recommedation to improve safety and protect the environment against possible pollution. Motion was denied, 2 ayes to 2 nays (Rascop and Shaw) . R~AR COUNCIL MEETING S~ember 12,1983 page three 9:00 PUBLIC HEARING - SIMPLE SUBDIVISION WITH AREA VARIANCE: Mark McCary-272eO Smithtown Road Mr. McCary presented a request for a simple subdivision of his property into three (3) lots with a area variance of 2,286 square feet short of the required 40,000 square feet in this R-l district. Public portion of this hearing was closed at 9:08 PM with no public comments. RESOLUTION NO. 68-83 Gagne moved, seconded by Stover, to approve this request by Resolution granting the area variance on Parcel C. Motion carried unanimously. Co un c i 1 B r e ak. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 : 10 - 9: 15 ADMINISTRATIVE REPORT: Fire Lane Dock Administrator Uhrhammer informed the Council of a letter he received on August 9th, 1983, from Wallace King in reference to a dock that had been installed by Gene Ruffenach in the City IIfire lane". A letter was sent to Mr. Ruffenach from the City asking him to remove the dock. Mr. Ruffenbach explained that a previous Council had allowed the placement of this dock for the use of the residents for swimming and fishing but no boat dockage allowed. Various residents were present to express their concerns and to recall their understanding of the previous council position allowing the installation and use of this dock. Residents speaking were: Gale E Olson Jr., Edward Lerohl, Jim Marshall, Mrs. Hinz, Carl Olson and Evelyn Olson. Council questioned if there were current problems with the dock usage and the insurance liability to the City. Shaw moved, seconded by Gagne, to instruct the Administrator to investigate various methods used by other ci ties for their "fire lanes: and set a public hearing for a posslble zoning amendment. Motion carried unanimously. Gagne moved to allow the dock to remain for this season. Rascop seconded for discussion. Gagne withdrew his motion, seconded by Rascop. Stover moved, seconded by Shaw, to table this this issue until October 24, 1983, for further study of ~his issue. SWIMMING POOL REAR YARD SETBACK ORDINANCE NO. 150 Council reviewed the 3rd draft of the swimming pool allowable rear yard encroachment. Gagne moved, Rascop seconded, to accept the 3rd reading and adopt the Ordinance as written. Ordinance accepted by roll call vote. 4 ayes. . . REGULAR COUNCIL MEETING SEPTEMBER 12, 1983 page four ATTORNEY'S REPORT: Enchanted Point Vacation A request from Jeffrey Soule of 4595 Enchanted Point was submitted. Attorney Larson does not recommend vacation at this time due to the question of actual ownership. He feels the plat is defective and further surveys should be suppliedAMr. Soule if he wants to pursue to vacation. ~ . ADMINISTRATOR'S REPORT continued: Union Negotiations A letter was received from AFSCME on September 8, 1983, dated August 31, 1983, asking to open wage negotiations for 1984. On September 6, 1983, Dan Randall, Union Steward, spoke to the Administrator asking when the union agreement could be opened for discussion. Admini- strator Uhrhammer informed him that August 31, 1983 was the deadline according to the union contract. Rascop moved, seconded by Shaw, to direct the Administrator to write and inform the union that their letter was not received in time and they are extending the present contract for another year. Football Control Rascop moved, seconded by Gagne, to approve the contract with Minnetonka Athletic Association for the 1983 season. Planning Assistant Appointment Gagne moved, seconded by Shaw, to restructure the employee job descriptions and appoint Sue Niccum to the position of Planning Assistant/Deputy Clerk. Motion carried unanimously. Planner/Building Official Appointment Rascop moved, seconded by Stover, to appoint Bradley Nielsen as a permanent employee to the position of Planner/Building Official. Motion carried unanimously. Finance Review Meeting Council set Monday, September 19, 1983 for their review of the 1984 budget. A letter will go to the residents containing an explanation of the budget. Zoning Ordinance Review Meeting Thursday, October 6, 1ge3 at 7:00 PM, the Council will hold a Zoning Ordinance Review meeting. . . . . REGULAR COUNCIL MEETING SEPTEMBER 12, 1983 page five MAYOR'S REPORT: LMCD John Cross' application for more docks was rejected by the LMCD because they felt an illegal application was accepted. Rascop asked the Council direction on how to vote in reference to special dock density. Council recommended, 1 dock for 10 feet of lakeshore, but not less than 1 - 6 feet. Loser's Group Rascop questioned whether we should join the Loser's Group support- ing additional changes in the Government State Aid formula. Administrator will attend the meeting, and report back to Council. APPROVAL OF CLAIMS AND ADJOURNMENT: Rascop moved, seconded by Stover, to approve claims for payment to be followed by adjournment at 10:50 PM. Motion carried unanimously. General Fund [acct #00166] Liquor Fund [acct #00174] Checks 27627-27684 = $52,014.66 Checks 1316- 1365 = $47,879.85 Respectfully submitted, Mayor Sandra L. Kennelly SLK:sn ( f~~~~_tt 27627 27628 27629 27630 27631 27632 27633 27634 27635 27636 27637 27638 27639 27640 27641 27642 27643 27644 27645 27646 27647 27648 27649 27650 27651 27652 27653 27654 27655 27656 27657 27658 27659 27660 27661 27662 27663 27664 27665 27666 27667 27668 27669 27670 27671 27672 27673 27674 27675 27676 27677 27678 . . Q~~~g~~_IQ~Q_=_~I~~~_~~IQ_~I~f~__~~~!~~~~g_2L_!~~l TO WHOM PAID PURPOSE AMOUNT Kathy West Doug Niccum Raddisson Arrowwood MN Mun. Finance Off. Central Life Ins. Astleford Equip. Co. Autocon Ind. Inc. Assoc. Asphalt Driskills Hennepin County Hennepin County Hance Hdwre Key Leasing, Inc. Leef Bros. Louisville Landfill Midwest Asphalt Midwest Motor Co. Minnegasco MAPSI H.C.Mayer & Sons NSP Northwestern Bell Quality Office Prod. Pommer Mfg. Co. Professional Ser.Grp. Risk Control Inc. Satellite Services Jan Haugen Tonka Auto Body Victoria Repair Village San. Warner Hdwr. Ziegler Tire Sere Evelyn Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Sue Niccum Bob Quaas Dan Randall Doug Uhrhammer Don Zdrazil Brad Nielsen Mary Kennelly Brad Nielsen Salary-Final Check Vacation Pay Meeting/Muni. Finance Off. Assoc. Registration/MFOA fall Conf. Group Ins. equipment parts equipment parts road materials Festival/pop B&R/Shorewood prisoners County Assessor services August purchases Lease payment Aug. laundry service dumping VOID road materials equipment parts Amesbury animal control 55 gal. motor oil electricity phone service supplies trophies of Festival sewer cleaning Insurance services Badger/Manor/BMX/Freeman/Cathcart VOID office supplies Shop supplies equipment parts sanitation sewer supplies tire repairs VOID salary " " " " " VOID " " " " VOID mileage 2.5 hrs VOID salary @ $7 hr. 418.24 180.79 60.00 75.00 1,747.15 7. 80 54.00 752.61 129.17 150.00 14,230.00 127.97 223.30 195.90 30.00 -0- 2,990.84 51.24 8.99 248.00 238.21 1,226.81 533.30 179.98 . 22.07 250.00 200.00 270.00 -0- 92.04 50.86 48.00 49.00 56.70 17.50 -0- 578.50 560.52 438.05 535.22 515.51 341.61 -0- 678.47 536.22 675.31 649.40 -0- 28.38 1 7. 50! -0- 626.05' " - . . . UQUOR FUND - BILLS PAID SINCE SEPTEMBER 7, 1983 Check # TO WHOM PAID 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 Johnson Bros. Liquor Griggs Cooper Prior Wine Co. Ed Phillips & Sons Old Peoria Co. Inc. Quality Wine Co. Day Distributing Co. East Side Beverage Co. Minter-Weisman Co. Pepsi Cola G & K Services Lundstroms Janitorial Central Life NSP Sun News Harry Feightinger Russell Marron Don Tharlson Stephen Theis Sue Culver Pat Pfeffer Mary Skraba Mark Wilson Dean Young Minnetonka State Bank Johnson Bros. Liquor Griggs Cooper Ed phillips and Sons Quality Wine & Spirits A. J. Ogle Co., Inc. Pogreba Distributing Co. Coca-Cola P Q & C Automation Minnegasco State Treasurer NSP Ed Phillips and Sons Griggs Cooper Quality Wine & Spirits Mark VII Sales Inc. Thorpe Distributing Minter-Weisman Co. Frito Lay Inc. PURPOSE wine and. liquor liquor wine wine and beer liquor wine August beer/misc. August beer cigarettes and candy August pop Laundry service carpet cleaning group insurance electricity liquor store balance sheet salary " " " " " " " " FWH wine VOID liquor liquor and wine wine August beer August beer August pop misc. purchases/ice utilities PERA electricity wine liquor wine and liquor August beer August beer cigarettes and misc. misc. purchases AMOUNT 728.32 2,667.54 380.88 506.26 894.33 364.64 3,960.32 4,079.00 664.70 459.25 36.20 85.00 577.94 399.78 37.45 649.38 426.40 131.88 256.12 94.36 105.06 95.36 277.92 333.38 298.20 479.08 -0- 2,760.09 1,605.41 895.00 1,766.05 5,537.65 563.70 180.00 3.26 334.62 305.05 242.23 2,070.66 1,570.18 3,215.15 6,837.95 938.80 65.30 $ 47,879.85 . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a public hearing in the Council Chambers of the City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, Sept~mber 26, 1983, at 8:00 PM, or as soon thereafter as possible, to consider proposed uses for Federal Revenue Sharing Funds for Period 15 in the amount of approximately $19,000. Citizens shall have the ,right to present oral and written comments on possible uses of the funds. SANDRA L. KENNELLY City Clerk to be published September 14, 1983. 3A . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADM I N ISTRA TOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 TO: CITY COUNCIL FROM: DOUG UHRHAMMER DATE: SEPTEMBER 23, 1983 RE: 1984 FEDERAL REVENUE SHARING MONEY As presented in the 1984 proposed City Budget under Fund #20, the City Staff has recommended transferring the entire 1984 allocation to the General Fund to cover Police Department expense. This recommendation was make in order to minimize tax impacts to the residents. The Council should keep in mind that Federal Revenue Sharing Funds are not a guaranteed revenue source for the City, and are not recommended to be used to cover yearly operating expense. A Residential Community on Lake Minnetonka's South Shore 3B , l . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 20 SEPTEMBER 1983 RE: FENCE PERMIT - 26260 BIRCH BLUFF ROAD FILE NO: 404 (GENERAL) Mr. Ronald Kokesh, 26260 Birch Bluff Road, has applied for a permit to construct a six foot high stockade fence along his east and west property lines (see attached letter and survey). Ordinance 107 states that fences over four feet in height or 50 percent or more opaque requires Council approval. If closer than eight feet to the property line, it also requires written agreement from the affected adjoining property owners. Mr. and Mrs. Gordon Christensen own the property to the east and the City owns the property to the west (Grant Lorenz fire lane). The Ordinance also requires that fences on lot lines extending from the lake can't be higher than four feet from the "near side of the average building construction line" to the 50 foot setback line (no structures are allowed within 50 feet of the lake). In this case, Mr. Kokesh's house is 50 feet at the nearest point from the lake and 70 feet at the farthest. Consequently the fence on the west side must be lowered to four feet along its northernmost 10 feet. The Watershed District's 75 foot setback does not apply to fences. Mr. Kokesh will appear at the Council meeting on 26 September to answer questions regarding his request. cc: Doug Uhrhammer Gary Larson Jim Norton Ronald Kokesh BJN:sn A Residential Community on Lake Minnetonka's South Shore bA . . , () I l/ ,/ // I it Ol<.Y. It?-I/ /i. /} (') (::-/1 ~ .,)/. ~ -/'~ '--I c':; iri ~""'..- ~\.'.;:. Certi:i~atc of 31Jrvey for Rob~rt ~. S~ith ~'l ~~d ?2, ~irch Elu~f, U?pcr Men~e:Jin C::nmtj'J :'.i!~n~sot::1 ;.:i~ne tonE..:! tlKA !'If. fO " - fV/ ( rJ +\ /I( l'I\ &' /-.A1<>- 50' I I I 1 )J..z" ~"Jfl"'"~,,, it . . . ...... ,::::: iC: ::.:=/ .~ . 'It ~ ..... ~ F'i~. tI .....;. '1'1. ferveG .~ 7r/ ~" ~ .... 28 uus.'uuJ fre$e~J Fe1J€.E' -.----- ...:.... -------..;._--- r" "'YO' ....... -I "" ~ p,op.J) BLUfP I hereby c~rtif:: t:-.:. t t::is .~ t. ~~!~ ar:d rcrr-; c:' rc::~~sc~ t:1 tio:t __ ~ur"J:-:-..:.~. a~. l:1t~ LCt:.:"'....~:lri~]3 ::>:.' :"'ct 2~ 1.i::c :h~. i':8~t :C :'r:~t of Lot 27, Eil'C'n =luf':, ,;':Jcr l:ir.c,:tGll~1." :..::;.; t~:o 10('(-\ t:..;r. of ul: nxist'::1':; b.:ilc.:in,::.s th~r':lar:. It (ocs r.ot !1Uri'ort to si,o.... ot!:':\r '" ~ e1f(.CH i:""~?~O~i'.~~cr: ':~ cr nr.~r~:J.('~:::cntn. 5 ~:-: :.(~ : \n = -' ,-, I '. . ~~~-- _.~.. .. ,..,...,1 ""\ :; ."' .....; . .... .. ~... (.c.. ._",:1 ... vet ..~!. iL. . . tJO_4 D:t~ . c (~-S'-,3:; .. ..... ~'... ~ .-:'':::' :'c l~:j': ~']. 7:C S Lt.:.,,; ;..: \' C r . .~ '.l=-.~ .'_.:l:Ul~r :-C:. ." .... ::: ::~.: r :: '.~ L ~J::< :'.il::':.~, :.:..i:""J'".~~G t:.l , .. . . 26260 Birch Bluff Road Shorewood, MN 55331 September 20, 1983 Mr. Brad Nielsen City Planner/Building Inspector Shorewood City Offices 5755 Country Club Road Shorewood, MN 55331 Dear Brad: Attached is the request for a building permit to construct two stockade fences along our property lines. They are to be (6') six feet in height and run as per the marked up survey which is also attached. The one to the west boundary is to be (76') seventy-six feet in length and the one to the east boundary will extend from the present fence to a line parallel to our home's northern most foundation. This, I believe, meets the requirements as we dis- cussed during the reviewal of our landscape plans. The neighbor to the east has agreed to this and a signed agree- ment will be forthcoming, Wednesday, September 21st. Yours, ./ / / /J.; I (,// j ~/ '6;/vL/ Enclosures: .. CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MDDRANDUM 'ID: MAYOR AND CITY COUNCIL FRav1: BRAD NIEISEN DATE: 26 SEPI'EMBER 1983 RE: M)RGAN, ROBERI' - BUIIDINGPERMIT, wrs 5 & 6, BLOCK 1, ENCHANTED PARK FIlE NO: 405 (83.37) BACKGROUND Mr. Robert Morgan has applied for a building pennit for the above-referenced property (see Site Location, attached). Upon review of the ~pplicant's plans, a discrepancy was fonnd to exist between his site survey and the Connty half-section maps. His survey shows Enchanted Lane having only a 49.5 foot wide right-of-w~ while the Connty maps show a r. o. w. of 66 feet. According to Mr. Morgan's surveyor there is no legal record of the Connty having acquired the additional r. o. w. after the 49.5 feet was originally dedicated in the Enchanted Park plat. Going by the applicant's survey his proposed house does not require a variance fran the City. 'Ibe house will be 50 feet fran the (original) r.o.w., 50 feet fran the lake, 12 feet fran the east side and 50+ feet fran the west side. Based upon the Connty map, however, the house will be 35 feet fran the r.o.w. and would require a front yard setback variance of 15 feet. Due to the discrepancy, the building penni t is being processedj through the City Conncll for a determination as to whether a variance is necessary or not. ANALYSIS/RECCMv1ENDATION Enchanted Lane was Connty Road 141 nntil 1950, at which time it was turned over to Excelsior Township. In discussing the r.o.w. discrepancy with the Connty, we get varying ccmnents as to the 66 foot r.o.w. While there seems to be agreement that no legal record of acquisition exists, one individual in the Connty Surveyor's office mentions an early practice where the Connty would go out and survey a66 foot r.o.w. (or greater depending on the road) for all roads nnder its jurisdiction. After surveying the r.o.w., mapping it, and maintaining it for some period of time the r.o.w. was considered theirs. A Residential Community on Lake Minnetonka's South Shore Robert Morgan - Building Pe:nni t Lots 5 & 6, Block 1, Enchanted Pk.. Plarmer' s Recarmendation September 26, 1983 page 2 The City Attorney points out that although the County's practice mB8' be legally . questionable, the. discrepancy between the applicant's survey and the County map still poses a problem which City Staff does not have the authority to resolve. There is a legal process called "quiet title proceedings" for resolving such discrepancies as this. It is however, a time consuming aild expensive process and would preclude the applicant fran building this construction season. Fran a practical standpoint the City has a 50 (49.5) foot r.o.w. already. The only thing to be accanplished by the legal proceeding would be that the applicant would have to spend a lot of time and money to find out whether a variance is required or not. If it is found that the r.o.w. is 66 feet wide, the lot will be virtually unbuildable unless a variance is granted. If the applicant's survey is found to be correct, the process will only have served to delay his construction plans. In the event that the Council wishes to force the r.o.w. issue, the applicant has already filed for a variance which could be considered at the meeting on 3 October (assuming he can get signatures fran property owners wi thin 200 feet of the property, stating that they are aware that the variance will be considered at that time). '!he problem which exists should have been addressed in 1976 when Lots 3 - 8, Block 1, Enchanted Park were allowed to be subdivided into three lots. It is unfortunate that the situation had to occur at the time the applicant is ready to build. Since the City only requires a 50 foot r.o.w. it is recorrmended that the Council accept the applicant's survey so that the building pe:nni t mB8' be issued. If that is not acceptable, the variance should be granted at the 3 October meeting subject to Mr. Morgan aqquiring the appropriate signatures. As a final note, the Watershed District requires a 75 foot setback fran the lake. Mr. Morgan has already received a variance fran them allowing him to build 50 feet fran the lake. BJN: sn cc: Doug Uhrhanmer Gary Larson Jim Norton Bob Morgan ...'" '.1 :....~ i .... '.~ (l'~ ~ ... j.....- ~~.- ... lei ~... ~ \..~ (-) . . . .. : t..L.i U) " .... tr' ( ~ e,) PARI< NO. I ~ t- 0 en 0 - 0 ~~ UJ U.I za: z 0 i~ Il..Il.. o 0 >- ~ t- t- U U " _t'" .----,; " t" \ ~ \,j \..~j '......; 8 (4c' '.I) ~ .... ..... "- <I' ~ '" '" ... ;, .-.' ,'-r i~ {"\/ \ \ .,.... 1"\! ~. ....' ....1 I (to) 2 - ",$1 I i i \ 2 it\ Qu~ tioV\ ~-' - - --- . .- t~ .-aJ.CD ' @ :E:lxhibit A SITE LOCATION Morgan variance request IT A lri' . {.r.~f';'_. ,'., i-.d. ti*t.i "~:~~~: ...~~~::i~jt "tt"'~t- ..~~:. ~ ;'ol a 1i..' 4w-.1ihI . bI_,:_ ..)OiJrt...olith....' ,'.. ~;tot;'6 '~t...t~5d t..t Seutl\...t.~17 ~..t- ,at '*I!d :~t<l.l'o . p6iat oa .U.t " '. . _. .. ~_ " .~ . . t" " ' ., .:tIot:~ '41at..' -SS. t..t,soutilerl, ". . & ,..,. . v......'...;.. ::. .,> ."",; ': .. . . .' " .... 'J. ;., '," - '." , :,; :,:" ~ ,~: ,,_..~.- .:. '.:, " ',.t. t~.la1~1.'.'~~~~~~~'-;'t.;;" 'il ..,. ", ::'.:.': .-:. .' t.d.l....o.. ~'.de,. ~. ~.u...t: .,.~;~;.,:-. .pt..".r, .1.98j,'.,' .".' ~. . .... '. .. . .r~t.I.2j~~,.y ." , o ..r'J'.'.IA.l~. . " '. ~~ ~ l' /" ~ ~~f.. .; ~ A-O f ~~ ~ ~t~" ~ . \. r..~ · f" f.. .... ~. \J. ~ ~ ~ '.': . III ReI_ .h..-1~,49 '. . . . " '. , . ," ,.:~'.~ " :.: ...:.: I ;. OJ' ',' ..; . tilt .. JtI.d .111 .l...tloa _i... . 9}2.92 e- .--- to>> ... ~ fJ p~1\ ,,-,' >~;.' '. .. . ~It ~'f~' d A'. c.tJ "'f.J.' . . .' S '" 0 " ' , . " ...... , .," . i~'" 1\ '. ,".4 .' , ,- A' ,,( . ......... , .., ",0' .... ~ , ~:j. ". "''i.:~,'': ;... ':':.'. ~.~ ~" 'i .1''\;'" \ _._---_._-............-'---_.._~ '10(" <f... ... . '" . , .}-.!;:. '. -0.:- ~)' .\.'..' . .t-,. ..,,', . .',0; <:. \ ' " .' 0 ~ '..'.;.< . ~ \.~~>:::J; ~ ; '.~. .'::~,,~. ~ ....~v ':~-::"T. ,,- . .. tJ ..... '/~."''''''' 'I ~ .,'j -:-'; ~-s. I~dr. . . . ~ ';" l ,C 'i , \ .....,; ., 'f .J .~:, ' t\~ ,. " , :.> ,~ " t" ,.-~..;' '. ....... .' - t. :.. ....V i .' ,.., .' ". , ,~,' '.',# . " ,_.',',~ , ., f " , , } . J/ 0' /, qllr'\' . ... . . " Exhibit B APPLICANT'S SITE SURVEY ",'. '. . ---..---....-.7--.----..-.--.-.-':-c-'"-~<;.ii;::-.'.irT..;;;;ii..-...--1'I . HENNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 Septerrber 23, 1983 Mr. Robert Morgan Water Products Carpany 15801 West 78th Street Eden Prairie, Minnesota 55344 Dear Mr. Morgan: I have researched the a:lUnty records in an attempt to justify any expansion of the road limits for the street adjoining your lots in the plat Enchanted Park. The road originally dedicated in the plat was 49.5 feet in width and the centerline was set out as having numerous angle points rather than curves, typical of platting in the early 1900's. The road was later designated as County Road No. 141 and sane improvem:mts including grading and flattening of curves ensued; however, I find no fonnal acquisitions fran adjacent property owners . The road was turned back to the city via a resolution of the County Board dated July 18, 1950. I note that the County Surveyor has indicated the road as being 66 feet in width on the 1/2 section sheets, though this is not an official document and cannot be recognized as an instrurrent of acquisition. In my opinion claims to any parts of your lots (other than as shown on the plat) would have to be clarified by a legal action or evidence other than "right of user" be brought forth. As I have stated I find no evidence in our records of interests acquired by the County. Should the problem beccme rrore involved, I reccrnnend that you contact your attorney for legal advise. Very truly, ~~ Stan Bennyhoff Senior Property Description Technician Right of Way Division Bureau of Public Service SEB:pl Exhibit C LETTER FROM HENNEPIN COUNTY HENNEPIN COUNTY an equal opportunity employtlf