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112204 CC Reg AgP '" A .., ' '1 CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 22,2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda Mayor Love_ Garfunkel Lizee Zerby _ Turgeon _ 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 8,2004 (Att.- Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NO~:, Give thepl{blic an opportunity to reqllest an item beremovedfrom the Consent Agenda. 'Comments can be taken' or questions tisked following removal from Consent Agenda. A Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. City Clerk's License Approvals - No action required D. Approval of a Pennit to Move a Garage (Att. - Planning Director's memorandum) Applicant: Phobe Harrington Location: 5830 Minnetonka Dr. to 23870 Elder Turn E. Appeal"Notice to Remove" (Att. - Planning Director's memorandum) Appellant: Roger Nitz Location: 25015 Smithtown Road 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS , ' , CITY COUNCIL AGENDA - November 22, 2004 PAGE20F2 8. PLANNING - Report by Representative A. Lot Size Variances and Minor Subdivisions (Att. - Planning Director's memorandum) Applicant: Matthew Phillippi Locations: 21155 Minnetonka Blvd. and 4900 Ferncroft Dr. B. Minor Subdivision and Combination (Att. - Planning Director's memorandum, Draft Resolution) Applicant: Mark Finch Locations: 20250 Excelsior Blvd. and Easterly Adjacent Parcel 9. GENERALINEW BUSINESS A. Approval of Recodification (Att - Deputy Clerk! Administrator's memorandum, Ordinance) B. City's 2005 Budget for SLMPD Funding (Att. - Administrator's memorandum) 10. ENGINEERING /PUBLIC WORKS A. Setting Date for Public Infonnation Meeting for Radisson Road (Att. - Public Works Director's memorandum) B. Declaring Adequaey of Petition atid Setting Public Hearing Date for the Timber Lane Water-Petitioned Watennain Project (Att. - Public Works Director's memorandum, Resolution) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. Construction Update B. Mayor & City Council 12. EXECUTIVE SESSION - CITY ADMINISTRATOR'S PERFORMANCE REVIEW 13. ADJOURN \ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 22 November 2004 . An EDA meeting will immediately follow the Council meeting Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - no action required Agenda Item #3C: City Clerk's License Approvals ~ no action required Agenda Item #3D: Phobe Harrington has arranged to acquire the detached garage at _Minnetonka Drive and move it to her property at 23870 Elder Turn. The Building Official has reviewed the structure, the City Engineer has approved the route and the Planning Commission has recommended approval. . Agenda Item #3E: Roger Nitz has requested additional time to comply with a ''Notice to Remove" and zoning violation letter. Council routinely grants 30 day extensions in cases where a good faith effort is being made to correct the violations. Assuming some positive movement by Monday night's meeting, a thirty day extension is considered reasonable. Agenda Item #8A: Matthew Phillippi proposes to subdivide two parcels ofland on Femcroft Drive into four lots. His plans include demolition of a nonconforming two-family dwelling and a nonconforming detached garage in consideration of lot area variances for three of the resulting lots. He has' also requested vacation of five feet of the existing Femcroft Drive right-of-way. The Planning Commission voted unanimously to recommend denial of the application. Subsequently, Mr. Phillippi has requested that his application be tabled (continued) pending the Planning Commission's consideration of the criteria for granting variances. The Commission has agreed to take up that discussion at its January study session. It is recommended that Mr. Phillippi's request for continuance be approved for 120 days. Mr. Phillippi's letter includes a waiver of the 60/120 rule. n ~~ PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 22 November, 2004 Page 2 of3 Agenda Item #8B: Mark Finch and his neighbor, Tim Klouda, have agreed to rearrange the property line between their lots. The Planning Commission has recommended approval of the division and combination, including allowing up to six months to record the resolution. A draft resolution is included herein for your consideration. J Agenda Item #9A: At long last, the final version of the Recodified Ordinances is ready for adoption. Staff and attorney have reviewed the new City Code book for consistency with the changes as concurred by Council, and reviewed for accuracy as well. On November 16, the Planning Commission made its statutorily-required review of the changes relating to land use, and recommended their approval. Staff has provided Council with another copy of the table summarizing changes to the Code for your ease of review. To make the new Code effective, the Council must adopt an ordinance to enact it. Agenda Item #9B: The SLMPD Coordinating Committee will be meeting shortly after Thanksgiving in order to determine what services will be provided in Level I and Level II services for 2005. To fund the Level II service as proposed by the Coordinating . Committee, Shorewood would need to add $18,000 to the amount the Council currently has in its 2005 proposed budget. The staff memorandum explains the reasons for the difference. Council discussion about what it would prefer to do in this matter will be very helpful for Mayor Love and the rest of the Coordinating Committee in determining what funds Shorewood plans to authorize for 2005. Agenda Item #lOA: On November 8th, Chuck Rickart presented alternatives to address safety issues on Radission Road. At that meeting, it was suggested that an open house be scheduled for residents along Radission Road. Staff is recommending the date of the public information meeting be set on December 2nd, 2004, at 6:30 p.m., at the Shorewood City Hall. Agenda Item #10B: The City of Shore wood has previously prepared a feasibility study for the extension of city water along Timber Lane, from the intersection of County Road 19 and . Timber Lane, to the cul-de-sac. This was based upon a petition from a portion of the residents who own property adjacent Timber Lane. Based upon the requirements of both the statutory and City Ordinance, the petitions received are adequate to move forward with the preparation of plans, specifications, and engineers estimate. Once plans have been prepared, a public hearing will be scheduled for the improvement. Feedback received from a few of the residents along Timber Lane indicate that it would be best to hold off on conducting the public hearing until the spring of 2005, as a portion of the residents have headed south for the winter season. Staff is recommending approval of the resolution that declares the Adequacy of Petition for the Timber Lane Watermain Project. A resolution is attached for your consideration. Agenda Item #12: The Council has planned to conduct the annual performance assessment of the city administrator tonight. What is important is that this assessment be completed by -. . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 8,2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; and Finance Director Burton Absent: Councilmember Garfunkel; Engineer Brown and Planning Director Nielsen B. Review Agenda Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 25, 2004 Zerby moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of October 25, 2004, as presented. Motion passed 4/0. B. City Council Work Session Minutes, October 25, 2004 Turgeon moved, Lizee seconded, Approving the City Council Work Session Meeting Minutes of October 25, 2004, as presented. Motion passed 4/0. C. Canvassing Board Meeting Minutes, November 3, 2004 Lizee moved, Turgeon seconded, Approving the Canvassing Board Meeting Minutes of November 3, 2004, as presented. Motion passed 3/0/1, with Zerby abstaining due to absence at that meeting. 3. CONSENT AGENDA Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Approval of Sign Permit for Crosstown Sign Co. (on behalf of Shurgard Self Storage), 19395 State Highway 7. A CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 2 of 7 Motion passed 4/0. 4. MATTERS FROM THE FLOOR Tom S1cramstad, 28020 Woodside Road, stated he thought Shorewood was a great city under terrific leadership, and he wanted to personally thank Councilmembers Garfunkel and Zerby for their many years of service to the residents of Shorewood. He wished them well in their future endeavors. 5. REPORTS AND PRESENTATIONS A. Report from LMCD Representative Tom Skramstad Tom S1cramstad, Representative of Shorewood and Chair of the Lake Minnetonka Conservation District (LMCD) Board stated he was present this evening to provide a quarterly report on the recent activities of the LMCD. Mr. S1cramstad reported on issues pertaining to the Solar Light Buoy Project, Milfoil Harvesting, Phosphorus Sampling, Zebra Mussel Prevention Program, Boat Density and User Attitude Surveys, a Shoreline Storage Count as well as Howard's Point Marina activities. He also reported on . several issues, such as the Sheriff's Department Annual meeting, Six Mile Creek, 2005 Board Appointments, Ongoing Licenses and Permits, and Logistics related to cable casting the LMCD meetings. In response to Mayor Love's comments on milfoil harvesting and phosphorus issues, Mr. S1cramstad stated that due to the heavy land development of areas near wetlands, these wetlands were unable to perform their function in nature's cycle. As a result, substantial amounts of phosphorus were ending up in Lake Minnetonka and helping to encourage the growth of many non-native plants such as milfoil. While harvesting was not always considered the best method of milfoil removal with the most benefits, it did provide navigational relief for boaters and was considered somewhat effective in reducing the amount of phosphorus in the lake. He also stated he would share Mayor Love's comments regarding the need for additional funding mechanisms for the harvesting, other than funding from the area cities for this program, with the LMCD Board and the Minnehaha Creek Watershed District. Mr. S1cramstad also stated, in response to Councilmembers' questions, he would report back on . discussions related to additional funding for the fulltime Water Patrol officers at the Sheriff's Annual meeting, as well as discussions regarding a change in the fee structure for Charter Boat Liquor Licensing. Mayor Love thanked him for his thorough reports and attention to detail. He stated he held the City's relationship with Mr. Skramstad as an example to others on good reporting. 6. PUBLIC HEARING There were no public hearings scheduled this evening. 7. PARKS A. Report on Park Commission Meeting Held November 3,2004 Commissioner Meyer reported on actions taken and motions considered at the November 3, 2004, Park Commission meeting (as detailed in the minutes of that meeting). , . . CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 3 of7 With regard to the proposed dog park in Carver County, Mayor Love stated he was aware some residents had concerns that formalizing this frequently used park area might actually restrict usage for dog owners, and he questioned whether the Park Commission was still supportive of the idea. Commissioner Meyer explained the majority of the Park Commission remained supportive at this time, since the acreage was of good size, would be unusable for a specific sporting purpose due to the topography, and there was no room within the City to supply a dog park. She also explained it was the understanding of the Commission that a one-time donation to this park would be the request, and that the funds being requested for site development purposes. Councilmember Turgeon complimented Mr. Qualle, the concessionaire at Freeman Park for the Spring/Summer months on a fine job well done in that position. Mayor Love stated he agreed, and complimented Mr. Qualle on his ability to show profitability with the concessions. 8. PLANNING There were no planning matters to report on at this time. 9. GENERAL/NEW BUSINESS A. LMCC 2005 Budget Presentation by Sally Koenecke, LMCC Administrator Administrator Dawson explained the Lake Minnetonka Communications Commission (LMCC) Board of Directors approved the LMCC's 2005 Budget in August. According to the LMCC Joint Powers Agreement, the majority of the LMCC member Councils needed to review and approve the budget for it to take effect. He then introduced Sally Koenecke, Administrator for the LMCC. Ms. Koenecke thanked Council for inviting her to speak on this issue and also thanked Administrator Dawson for hosting the "The Tonka Report" show quarterly this year on cable. She also thanked the City for televising the Council meetings, and she was also pleased the LMCD would televising their meetings as well. Ms. Koenecke stated she was present this evening to provide a brief overview of the budget. She explained the budget for the LMCC was not funded through tax dollars, but rather a cable company franchise fee paid annually to the LMCC. She also noted funding was received from a PEG (Public, Educational, Governmental) access fee for community use of the production studio for use this year. She then reviewed the budget funds for 2005, noting there would be a slight dip in the fund balance this year due to the need for additional equipment for the television studio. In response to Councilmember Turgeon's question regarding support of the budget despite the reduction in fund balance, Ms. Koenecke stated approximately $300,000 remained in the fund balance, and each year the LMCC Board attempted to keep close to the original fund balance due to potential yearly changes in funding mechanisms from the State legislature. Mayor Love thanked Ms. Koenecke for her report and stated he appreciated the South Lake Minnetonka Police Department and Excelsior Fire District Governing Boards' meetings being cablecast as well. ,~' CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 4 of7 Zerby moved, Turgeon seconded, Approving the 2005 Budget for the Lake Minnetonka Communications Commission. Motion passed 4/0. B. Approval of Certification of Delinquent Charges Administrator Dawson explained the City Code provided for annual certification of delinquent utility bills against the properties served. He stated each property owner may object to this proposed certification of delinquent accounts and as part of the appeal process, may request a hearing in front of the City Council. This year there was one such request from Ronald Johnson, 5355 Shady Hills Circle, and Mr. Johnson was in attendance this evening. At issue was the sump pump surcharge for the property. Administrator Dawson also stated copies of related correspondence with this property owner were submitted for Council review. Mayor Love welcomed Mr. Johnson and asked whether he would like to share the basis for his appeal on this matter. Mr. Johnson stated his appeal was the same as it was last year, and he questioned whether the surcharge . was considered just and equitable in his case. He also stated his disappointment the current Council had never bothered to visit his property, and apparently the Council had not bothered to listen to his requests either as he was being surcharged yet again. Mayor Love stated the record would show the Council did take the time to listen to his case; however, agreement on the case was a different issue. He stated the Council always listened, but did not always agree with Mr. Johnson. Mr. Johnson then reviewed the history of his case regarding the sump pump surcharge and subsequent legal outcomes as a result of lawsuits brought against the City regarding this matter. He stated the sump pump water being discharged onto his land from other properties constituted a taking by the City and he questioned whether the City was going to pay him for the taking of this land or whether it was going to fix the problem causing it. He stated he thought the Council should postpone this matter until the new Council could be seated early next year. Administrator Dawson stated these issues brought forth by Mr. Johnson were not related to this surcharge. . Mr. Johnson cited Minnesota Statute 444, noting charges could only be levied if they were just and equitable. He then questioned how these charges could be considered just and equitable in his situation. He stated he thought the City was taking this action because the City did not like him since he continued to bring lawsuits against the City. He questioned what the just and equitable criteria were in this case. Mayor Love stated with all due respect, the correspondence from Mr. Johnson, dated November 6, 2004, was a matter of record in this case. Furthermore, he stated, the Councilmembers were four independent people and did not take dictated actions from him on any matter. Councilmember Zerby stated Mr. Johnson had created an unwelcome situation by suing him personally in several lawsuits brought against the City, and he would not likely visit Mr. Johnson due to that circumstance. Also, he noted Mr. Johnson had never contacted him either, despite the fact his phone number was listed in several publications and was a matter of public record. Councilmember Zerby also questioned whether the City had specifically requested neighboring sump pump discharge be directed , CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 5of7 onto his land. He stated he believed this was a matter to be taken up between Mr. Johnson and his neighbor, and not the City. Councilmember Zerby stated Mr. Johnson was also delinquent in his several other fees as well, even though these fees did not directly pertain to the issues presented this evening. Mayor Love thanked Mr. Johnson for his comments presented this evening. Administrator Dawson stated the City had paid all judgments necessary to Mr. Johnson as court ordered. Statutory language in this case provided "reasonable costs" as the standard, and he noted Shorewood's ordinance related to these charges was similar to what other cities were doing as well. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 04-094. "A Resolution Granting Approval of Certification of Delinquent Charges." Motion passed 4/0. C. Planning Commission Appointments . Zerby moved, Lizee seconded, Appointing Scott Williams, 5955 Country Club Road, to a position on the Planning Commission for a term ending on February 28, 2005. Councilmember Turgeon questioned whether the City should try to keep a balance of representation from various parts of the City and thought this goal might be better achieved if the other candidate were appointed. She stated she thought both candidates were very well qualified for the position, and she meant nothing personal toward either candidate in asking the question of representation. Zerby withdrew his motion. Mayor Love stated he believed both candidates very well qualified, and he also liked to see as much geographic representation on Commissions as possible. . Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 04-095, "A Resolution Making Planning Commission Appointments by Appointing David Meyer to a position on the Planning Commission for a term ending on February 28, 2005." Motion passed 3/0/1, with Lizee abstaining. 10. ENGINEERING/PUBLIC WORKS A. Radisson Road Report Administrator Dawson explained Chuck Rickart ofWSB & Associates, the City's consulting engineering firm, was present this evening to provide a report on the traffic study completed on Radisson Road. This study had been conducted as a result of a petition of local residents who lived on or near Radisson Road who stated that the subject roadway was being utilized as an alternate route to State Highway 7. Mr. Rickart stated the Origin Destination study had been completed earlier and a report detailing the findings had been submitted to Council for review. The report had concluded there was a high number of cut-through trips on Radisson Road. Mr. Rickart stated he would present four alternatives, along with cost estimates for each alternative, to minimize traffic on the roadway. With regard to the four alternatives presented, Mr. Rickart stated the issues of safety of the roadway and cut-through traffic were components of each of the concepts for these alternatives. To that end, two of the alternatives were considered "safety alternatives" and two alternatives were considered "operations alternatives." , CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 6 of7 The first option presented included reconstructing or widening Radisson Road. The second alternative included the addition of signing and striping improvements. One of the operations alternatives included closing street access points along the roadway and the final alternative included designating portions of the roadway as a one-way street. Cost estimates for these alternatives ranged from $40,000 to $2,000,000.00. Mr. Rickart explained the next step in this project would be to hold a public meeting with residents in that area to gather input regarding which alternative posed would be suitable for that area. A final report would then be generated and shared with Council prior to implementation of whatever alternative was deemed suitable. Councilmember Turgeon expressed surprise and concern for the significant costs associated with some of the alternatives for remedy of this situation. She stated she did not think striping and signage would provide any significant relief to the situation, but she was curious to hear residents' input on the roadway closure and one-way designation for the roadway. Councilmember Zerby agreed, noting it would be interesting to see a blending of alternatives three and . four to determine how costs would be impacted for such a proj ect. Mayor Love agreed with the Councilmembers, and stated he had recollections of these alternatives being discussed by residents at a "neighborhood walk" early in the review process for this roadway. He then thanked Mr. Rickart for his report. B. Accept Bids and Award Contract - County Road 19/Country Club RoadlSmithtown Road Intersection Project Don Sterna, of WSB & Associates, explained that this item had been continued from the October 25, 2004, Council meeting in order to allow staff an opportunity to address financing issues that had unexpectedly arisen as a result of communications from the MnDOT State Aid Office. Since that time, the State Aid Office had been able to make available the $800,000 advance funding that the City had planned to use in order to complete the County Road 19 Intersection Project. In addition bids were relieved and opened on Wednesday, October 20, 2004, for this project. Eureka Construction, Inc., . submitted the lowest responsible bid in the amount of $3,566,322.45. Councilmember Turgeon stated she was experiencing "sticker shock" regarding the total cost for this project. She stated she was quite concerned that the original estimates included three years' worth ofthe City's Municipal State Aid monies, and now the project necessitated inclusion of six years worth of MSA dollars. She stated it was very unfortunate this increase had taken place and no construction had yet occurred. Mayor Love stated he was pleased to see the partnering efforts in governmental units in order to achieve completion of the project. He noted there was an obvious need for the project and he believed all persons traversing the roadway would be pleased with the efforts of all in this matter. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 04-096. "A Resolution Accepting Bid and Awarding Contract for the County State Aid Highway 19- Smithtown Road Intersection Improvement Project." Motion passed 4/0. I, . . CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 7 of7 In response to Councilmember Turgeon's question, Mr. Sterna explained all right-of-way access had been secured at this point in time. Mayor Love thanked all parties involved in bringing this project forward. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Construction Update Administrator Dawson stated there was nothing further to report on this topic at this time. He also noted the City offices would be closed on Thursday, November 11,2004, due to the Veteran's Day holiday. B. Mayor & City Council Mayor Love reported there would be a meeting for all Councilmembers of the member cities of the Excelsior Fire District on November 3 and November 10,2004, to hear a presentation on the Excelsior Fire District Firefighters' Relief Association pensions and funding mechanisms. All Councilmembers were strongly encouraged to attend. 12. ADJOURN Lizee moved, Zerby seconded, Adjourning the November 8, 2004, Regular City Council Meeting at 8:28 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator ~ PAYABLES APPROVALS For 11/22/04 Council Meeting . {?~ C!jp, . Date: //-/1'-0'1 I>ate: (1~;i)~ 4F~/t PAYROLL APPROVALS For 11/22/04 Council Meeting Prepared by: &/1~ & Catherine E~e, S}) AC~OU. ntant Reviewed by: ~~ Bonnie Burton, Finance Director '~.. &j Approved by: Craig D son, City Administrator Date: /1-/ f-{Jtj' Date: Jl ft8~ {- Date: u/;e/of . . . CITY OF SHOREWOOD Iii 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning <=.:ommission, Mayor and City Council . FROM: Brad Nielsen DATE: 11 November 2004 RE: Harrington, Phobe - Permit to Move a Garage FILE NO.: Property: 23870 Elder Turn BACKGROUND . Phobe Harrington owns the property at 23870 Elder Turn (see Site Location map - Exhibit A, attached). She has arranged to purchase an existing garage presently located on the property at 5380 Minnetonka Drive and move it to her property along the route shown on Exhibit A. Shorewood's Municipal Code requires such moves to be reviewed by the Planning Commission and approved by the City/Council. The applicant proposes to relocate the garage from its present location to the east side of her property, as shown on Exhibit B. Photos of the relatively new building are shown on Exhibit C. ANAL YSIS/RECOMMENDATION Shorewood's Code sets forth a procedure for moving of buildings within the city. The building must be inspected for compliance with current building codes, the City Engineer must approve the route, and the police department must approve the route and the time ofthe move. Given the recent construction of the building in question, its relative small size, and the short distance over which it is proposed to be moved, none of these factors should preclude the move. The police typically specify that the structure be move outside of rush hour traffic or at night. n ~~ PRINTED ON RECYCLED PAPER # 3. D. . . Memorandum Re: Harrington Garage Moving Permit 11 November 2004 It is recommended that the move be approved, subject to the following: 1. The City Engineer must approve the route. 2. The applicant must provide proofthat the proposed location of the garage will comply with zoning requirements. 3. The applicant must convert the existing garage on her property to living space. Assuming that this will not happen prior to the proposed move, a letter of credit or cash escrow to guarantee that the work will be completed within 90 days must be provided. Cc: Craig Dawson Tim Keane Larry Brown Joe pazandak Phobe Harrington -2- lJrf! ~-~= - ~l - - ~ L-- z....c: ~ '~ ~......... ~ .,c_'- rx~ l---':' r- -,- . LFf\\ \\ : ,. '\\ n I(P) 'I \' ~ --- i\ 1 ,. I - '"..~- =J-,' ~ - -- I ~ ---... :E I '" i "'- , a: 0( . .. y r ~ ~- -...;:~ ,\I \ r~ 0, , \\ ~:7 ~'f1I ~"-I- I ~ ~\ \ I ~'" 1\'\ ~ 1"\-- \ t(l? ~I ~ ~ I '~ ~~ ~~ ~ H <--!5 \ /~ 1~ i Uf #t ' f,l ) 6~III1\yt .,.. \ lIa '4'/0 ~ ~\ I <Z)f '\\1 \ ~ ~ / \\ \ ;~ / \ \ '\ ~ ~ j\ 1\ LLUI.\ ).., ," ~ J ~'--l-LJ'--1 ~ T ~ QggM.~gH' \~n. r- - \{ \ =: =: .~'" , \ \ L_ 0 ..) ~ ~J:L;: r i ExmbitA I LJ \ SITE LOCA TIONIROUTE U \ \ Harrington garage-moving permit I /~ .......l/ OIllU' ~ L.-.;;,v:~~\"lnden Court (\\ ~ ~~ D~ \ ~~\ \ \ ~~ ~~ ~ \ \ V1 VlI3111111 ,/ ~ ill I ._~~. ~~ ..... - If. y ~~ # 5 3 ~l J~ w~ o J) ~ ,~ ~~ . "" ~- ..9 " (1 .. ,'~ ~ ~'. ,a2' . ~ <jJ ~, Gt.\\ \ -"" ..~ '1 -~- .. ~ ~ -=t: f~ .,,-J 1 , .-J ~ - \)0 :::r - '~Q '"?:P c-= o - J -(J~ ~~ ~a (f)~ ~ ~j ,~ ,~ ~ 'S -=v~Q f" '0 ~ .\f) - (1 ~ J $) ~I $. <;;,.. p ..}> 3 )t Exhibit B SITE PLAN . . Exhibit C GARAGE PHOTOS CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us . MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: 18 November 2004 RE: Nitz, Roger - Appeal Notice to Remove FILE NO.: Property(25015 Smithtown Road) In response to neighborhood complaints, our office sent a "Notice to Remove" and a zoning violation letter to Mr. Roger Nitz at the above-referenced address (see Exhibit A, attached). Mr. Nitz has now appealed the notice (see Exhibit B). His appeal asks for additional time to comply with the notice, but does hot specify how much time he needs. Staff explained to Mr. Nitz that the Council routinely grants an extension of 30 additional days for compliance, provided the property owner is making a good faith effort to comply with the Code. . The appeal also refers to certain items that he would like to keep on the property. In, conversation with Mr. Nitz, it was determined that the bricks for a future patio project could remain on the site. The boatlift simply needs to be moved out of the side-yard setback. The lumber should be stored in the garage until it is needed for the boat tarps. However, the skid steer does not meet the criteria of residential use, and unless it can be stored within a garage it must be removed from the property along with all other items listed on the violation notices. Assuming the owner is making progress as of Monday, the extension oftime is recommended. Staff will reinspect the property prior to Monday night's meeting to check on progress. Failure to comply with the extended deadline should result in legal action without further notice. Cc: Craig Dawson Ken Potts Joe pazandak Roger Nitz Planning Commission ft \,~ PRINTED ON RECYCLED PAPER #- 3. E. . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 . FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us . DATE: 1 November 2004 TO: Roger D. and Elizabeth L. Nitz 25015 SmithtownRoad Shorewood,~ 55331 PROPERTY LOCATION: 25015 Smithtown Road PROPERTY IDENTlFI~ATION NO;: 33-117-23-24-0012 NOTICE TO REMOVE . Offensive and Unhealthy Substances NOTICE IS HEREBY GWEN th~t there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the folloWing: UNLICENSED AND/OR INOPERABLE VEHICLES OR EQUIPMENT: . . Mercedes Benz 190 (brown), Lie. No. EDV 922 (Dec.'05}-license not on file . BMW (black), Lie. No. LLG 826 (Jul.'04) -license not on record . Mercedes Benz 300, Lie. No. (Collector) -license not on record . Mercedes Benz 6.9, Lie. No. EXC 938 (Jul.'05) -license not on rec~rd . Pontoon boat, Lie. No. MN 0959 FH ('05) - not registered to resident of property; on unlicensed trailer . Boat, Lie. No. MN 4404 HG - not registered to resident of property; on unlicensed trailer . Boat, Lie. No. MN 4933 FD('04) - not registered to resident of property . Boat trailer, Lie. No. V46158 ('95) -license not on record . Equipment trailer, Lic. No. CJT 6249 (F'05) -license not on re'cord . Equipment trailer, Lic. No. CTK 6885 (F'05) -license not on record . Car-transport trailer - no license . Equipment trailer (Toyota) - no license . Winch equipment trailer - no license . Red trailer,.... no license . Camper trailer - no license ,. t.., PRINTEO ON RECYCLEO PAPER Exhibit A . . Roger D. and Elizabeth L. Nitz l'November 2004 , page two -',-.J: . Car (under tarp) ~ no license . Boat {under tarp) on trailer- no liceD.se . Jetsid(under tarp) on trailer - no license . Snowmobile trailer - no license ' . Jetski... noli~ense . Three-wheel ATV - no license .. I' OTHER: '. ,c.ushman golf ~art;"Gehl skid steer; plywood; lumber; wire; ,siding; traps; metal bars; iIioperable mower; toe bar; tires; palls; b~tteries; tarps; pool; car mats; wire spool;' . ca~dboard box~s;,grocery cart; pipes; LP tank; sewing machine frame; gas welding tank; ip.operable go-cart; boat lift; brush (approx. 20 ~u. yds.); fencing; scrap metal; sawhorses; cement mixer;.,lawn-tractor parts; pallet;' mechanical compressor unit; patio bricks; vehicle exhause system; skiS; pther miScellaD.e~us items. You are hereby required to remove the above-described matter and any o~heroffensive matter.. located on the property, and in violation of Chapter 501, Section 501.01 Within t~n (10) days from the)date he?:eof. . In tlle alternative, you may file a written notice of appeal at theShorewood .City . Hall withiii ten (10) days, in whlch case your appeal will be set for hearing at the next regularly . scheduled meetiilg of the City"Council. " ' . , If you do 'not respond to this Notice within ten (10) days;ili;e City shall take whatever action as ' may be neces~aritohave the offensive matter rembved. The costs incurred by the City for such removal shall be cp.arged to th~ property owner and become a liep: again~t the property. ' , " ***:PLEASE GIVE TIiIs MATTER YOUR IMMEDIATE ATTENTION *** BY ORDER OF THE SHOREWOOD CITY. COUNCIL fliFiRl'1 flU. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952)474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us. cityhall@ci.shorewood.mn.us 1 November 2004 Roger D. and Elizabeth L. Nitz 25015 Smithtown Road Shorewood,~ 55331 . Re: Zoning Violations - 25015 Smithtown Road Property lD. No.: 33-117-23-24-0012 Mr. and Mrs. Nitz: . Our office has received complairits-alleging that vehicles; trailers, equipment and other items are being parked and stored at the above-referenced property in violation of Shorewood's Zoning Regulations. Upon inspection of the property we found the following vehicles or equipment parked within the side-yard setback area of the property, which is in violation of Section 1201.10, , Subd. 3 .cPermitted Accessory Uses): ' . Mercedes Benz 190 (brown), Lic. No. EDV 922 (Dec. '05). . Pontoon boat, Lic. No. MN 0959 FH ('05)' (not registered to resident of property). . Boat, Lic. No. MN 4404 HG (not registered to resident of property). . Ca,r.,transpott trailer. . Winch equipment trailer. . Red trailer. . Car (under tarp). · J etski. . Three-wheel A TV. . Boat lift. The following items are being stored in the rear-yard setback area: . Boat, Lic. No. MN 5633. . Snowmobile trailer. . Gehl skid steer. The above-listed items are also included on the enclosed "Notice to Remove", which indicates a separate violation of Section 501.01 of the City Code. q", toJ PRINTED ON RECYCLED PAPER . . Roger D. and Elizabeth L. Nitz 1 Nove~ber 2004 page two This is to advise you that the use of the above-referenced property is in violation of Shorewood zoning regulations and that the violations must be corrected immediately: Your property will be inspected for compliance on 12 November 2004.' Any violation found to exist at that time will be referred to the City Attorney for further legal action. If you wish to appeal this matter to the City 'Council, you must do so, in writing, before 12 NoveJ;Ilber 2004. . . ,If you have 'any questions relative to this matter, please do not hes~tate to call me. CITY OF SHOREWOOD ./;~ J-)?~y !~.. Bradley J. Nielsen Planning Director BJN:ph cc: Tim Keane Joe Pazaridak . November 10,2004 To: Shorewood City CoucillPlanning I would like to file an appeal for more time to finish my yard cleanup. I have been on manditory overtime at work 12 hour shifts 6pm-6am. . Also there aresome items I would like to keep on the property, 1. The patio bricks on skids, we are goinig to use them for a patio we are going to install this spring. 2. The Skidsteer we use to remove snow, brush, rock and plane to use it this spring for the patio. The Skidsteer is too tall to fit in the garage without putting in bigger doors. I would like to keep it outside under a cover if that is OK 3. The boatlift will go back in the lake in the spring, I would like keep it on the property untill then. 4. The lumber behind the garage I use to park the tailers, cars on and use it to wrap up the boats, ect.. Sincerely, ~~ -/k-. . Roger Nitz 25015 Smithtown Road Shorewood, MN 55331 952-474-2655 Exhibit B --- ( - ~ - --- ...-'-'= ) ''\ QQ .:> ......; ~J ';::) q~ ~ "I <' rv ~< ;c:1 . " r ~ I. uJ g ~v \'0 . -< DO 1:\: <?} ~ ~ , ~~ A ~ ----~~,-..,..,.."",.,....,.''''-,........,.,=< ~ __~~_ -=<"~_~"'" "!J:'='"'-., ~~ ". ...._~~---.'"=_....,..~-="'.".'"".,.,,'....~.__._-'.,'.-~-'-_... ,",,'" "',...."........... - ~ ~_ .. - .. _. n_ _"", ~_.."~.<~-_._-......,,,,",,,,~-,,,.,,,.,,,~~",,,,,,,.-.~,,.,,,,,~,~ . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . TO: FROM: Planning Commission, Mayor and City Council Brad Nielsen DATE: 10 November 2004 RE: Phillippi, Matthew - Minor Subdivisions and Lot ArealWidth Variances FILE NO.: 405 (04.31) BACKGROUND . Mr. Matthew Phillippi has acquired three parcels of property, located at 4880 and 4890 Ferncroft Drive and 21155 Minnetonka Boulevard (see Site Location map and Existing Parcels - Exhibits A and B, respectively, attached). He proposes to resubdivide the three parcels into five lots as shown on Exhibit C. Mr. Phillippi's proposal involves two minor subdivisions with lot area variances on three of the lots. Additionally, Mr. Phillippi requests that five feet of the right-of-way for Ferncroft Drive be vacated. The subject properties are zoned R-1D/S, Single-Family Residential/Shoreland. Parcell consists of two previously platted lots and one-half of a vacated right-of-way. This parcel contains 19,251 squarefeet of area and is occupied by a single-family dwelling and a detached garage. Parcel 2 contains 9874 square feet and is vacant, except for the garage of the property to the south that encroaches onto the parcel by approximately 17 feet. The owner of the garage has agreed to remove it, and Mr. Phillippe has agreed to convey a driveway easement across Parcel 2 (Lot C) to access a future garage at the rear ofthat lot. Parcel 3 contains 18,138 square feet and is occupied by a nonconforming two- family dwelling and a detached garage that is located too close to Ferncroft Drive. Zoning and land use surrounding the properties in question is primarily R-1D/S, developed as single-family residential. The exception to this pattern is the old Kuemple ft '-J PRINTED ON RECYCLED PAPER # 8. A. Memorandum Re: Phillippi Minor Division and Variances 10 November 2004 Chime Clock property, lying west of Parcel 3. This property is zoned R-C, Residential Commercial. The building is occupied by a woodworking shop and offices. As proposed, Parcel A will have 80 feet of width but will require an area variance of approximately367 square feet. If the five feet of Ferncroft Drive is vacated, Parcel B will have 10,018 square feet and 80 feet of width. Lot C will be 80 feet wide and will contain 10,274 square feet of area. The applicant proposes to remove the nonforming two-familydwelling and garage on Parcel 3 and divide it into two single-family residential lots, both 70 feet wide. Lot D will have 9366 square feet, while Lot E will have 9572 square feet of area. ANALYSIS/RECOMMENDATION . The area originally platted as Minnetonka Marior is characterized by small lots, many of which were only 50 feet in width and as small as 7000 square feet in area. Over the years, many of the lots have been combined and reconfigured. Nevertheless, 50-foot wide lots, smallerthan 10,000 square feet remain scattered throughout "the Manor". From this perspective, the proposed lots are not considered to be out of character with the area. The applicant's proposal is based more on a "trade-off', that is, eliminating several nonconformitiesin exchange for variances on three lots, than hardship. The proposed improvements include the removal of a nonconforming use -the two-family dwelling, removal of a garage that does not comply with setbacks, and correction of the garage encroachment from the neighboring lot. Also, if the variances are to be favorably considered, the garage on Lot A, should be required to be moved into conformity with rear yard setback requirements or removed. . It may be worth noting that, if the applicant's proposal is viewed as a small redevelopment project, the average lot area for the five lots would be 9773, square feet, where 10,000 square feet is required. The average lot width would be 76 feet, where 75 feet is required. . If the Planning Commission and City Council feel that the applicant's proposal has merit, any approval should include the following conditions: 1. The garage on Lot A must be brought into conformity with R-1D setback requirements. A letter of credit or cash escrow sufficient to guarantee compliance should be required prior to release of the resolution approving the division. 2. Assuming it will take some time to remove the existing two-family dwelling and garage, a letter of creditor cash escrow sufficient to guarantee the removal within six months should be required. The applicant should provide bids for this work so that the escrow can be determined. -2- Memorandum Re: Phillippi Minor Division and Variances 10 November 2004 3. The encroaching garage must be removed within six months. Again, an escrow must be provided. 4. The applicant must provide a copy of the driveway easement across Lot C, I . suitable for recording. . 5. The applicant must provide deeds for the drainage and utility easements on each of the new lots. 6. The applicant must provide title opinions or title commitments for all of the subject properties for review by the City Attorney. . 7. The deeds, title opinions and bids referenced in 1-5 above must be submitted within 30 clays of the Council's approval of the request. The escrows for 1.5 times the amount ofthe bids must be submitted within 60 days, at which time the resolutions and deeds must be recorded with Hennepin County. 8. Prior to release of the Council resolution approving the request, the applicant must pay park dedication fees ($1500 perlot) and local sanitary sewer charges ($1200 per lot) for the two newly created lots. Credit is allowed for the three existing parcels. . Cc: Craig Dawson Larry Brown Tim Keane Matthew Phillippe -3- '" '" '" '" '" ~ , ;z:~ ~ ~ Exhibit A SITE LOCATIONS Phillippi Minor Division/Variances . 37.24 .:. l~ 81.94 ~~ ~ f.{) 10 ~ r2> r:: It" I ... IIfj , l-a K.t ,~\\\~ en . v N ) a; . (7) ~ 'EST LA ). ') o l{\ ( . ,*~I ,,". ~,. 46..2 ' , 46.2 I n to ~ G 0 lL. lL. ~ 00 . ,'~>->- t),' t::,t: '1 u U ., . .-".,.-- m <f trlI ,," ...'* 0 n ',17\u'\ . n4w:n 2M117/23 !'IIJU.lPI'I. MATlllF1\' ADVANCE SURVEYING & ENGINEERING CO. s~uu S. Hwy. Nu. WI MiulI\:llluka. MN 5.:'.l4:' Plum\: (~J51J 47~ 7'1(14 F:1X (')521474 X:!ll; SlIltVl'Y FOI\: MATTHEW PHILLIPPI ., SlIIIVEYF.ll: AU!!U.I.llKI4 DIIMTEI1: ,\lIgU,1 24. 211114 ((EVISEIl: ^ugU!'i12~.. 2(KI"IU ~Idd skctd. pl.1II fur UISCU:iSIUn Wilh l'ily nil ^u~ust 26. 2nU4. H,~VISEll: Au!.!ul'Ol ~(t 2Un4 ati....... dl"",~u:-:r-illll wilh dielll. J1lanllin~ III le.lf ..Iuwn snntc cxisling lunne". ~ AUJ:,.rusl J I. 2UU4 al1.:r mun: diS\."u!lo:<lIUII widll,."hcnl. .1IId wilh Urllll Ncilsun at CilY \,1' ShnfC'wnud. REVISEIJ: SCl1lctuhcr 3. 2UU4 h' SIIlIW In."C~~ l.I'.G^1. OESCIUPTII IN: LuiS Nand tJ. including J..o:~ uf V'.lLilted sln.'ct. Hlm:l, 12. I..nl I. iududing ~.t uf v:.le:llcd 51~"C.:1. Riuek II: l.ul 2. Bluek II: t.llb 3 nlld 4. nlld 111:11 pan ur Lul ~ Iyill~ ~unh ur Ihe Smith I n 1i:,1th"n.~lr. llIuek II. all illlh" rIal ufMillncltmka Manur. I-Icnll~')'1111 (:mIlIlY. MiIUICStll:., lU~l.:lhLT wilh thm fUlrl nflhe Wesl;; leet uf I;cnu,.'run Driw lyiny hetwc.:en the cUSlerl~ t.:':'th:llsiun llfthc Nnrth linc urL.ut X in !\aid RI"ck II alld the casl.Crl~ cxten~iun uflhe Nurth line 'lfllll: South lei lL1.:t ,.fLI11 ~ in )01i,,1 Ohlek 11. LEGAL DESCllIl'110N OF 1'I1l11'1lSEll V,\Ci\TllJN: The WL'1io15 lecl ufFcnlLTufl Dnve 3!rri {1blued ill Mll11ll:lUlIka Mannr. HCllncf1iu Cuunty. Millllesot:J.lyiu!:! bclWL'i:n the: cu.'ilcrly (."Xlcnsinfl urlhl.: NUrlll lil\l,,~ 'If Lll1 ~ ill ",aid .Bluck 1.1 and till.: casll::rly CX.tL'lSillll l,fthe Nllrdl lille uflhe SlIuth IUlecl IIr llll 5 ill said muck 11. LEGAL DE'$CRII'110N 01' I;AltAGE ANlJ mllvrw ^ Y EASEMENT: 11le W"'I I~l rt:eluflhe SlIulh 2111c..'CI IIr llll 1. HII1ek 11. Mirlllclllnk:t Manllr, Hennepin CUUlIly. Milll........'Ul. hlp:cthcr with that pan uf the West;; tect uf Fcnu:rutl Drive lying bctwl:clIlhe eastcrty l..'Xlc.'lsiun ufthc Nurth and Suudllin"'l; ..1' ,",id S..udl 20 reel. LEliAl DESCRIPTION 01' l'ARCEl. "A": ut (). Sluck I L Minnctunkil Manur. I-lcnm::11U\ CtlUlI1Y. MillllCl'\Ota alld thut pun ufthe Nunh Half ufV'..Iealcd :Ullagc Place Iyiuy nctween the suutherly cXlellslun "f the F.ast and WcSllitl\:s of said Lnl II. I.ECi^,. DESCRIPTION (IF I"^RC'EL "Ii": 1..111 N. Blnek II. Minnellll1ka Mannr. Henn""in C''''"IlY. MlIlne,",I. and Ibal (1llrt nrlhe NI1rth H,1ll' nrv.eawd Cnllalle I'I.ee Iyin!! hetween Ille ","ulherly eXlen.ill" Ill' Ille Eu.,( and We.lli...... nr said LIll Nand lIell ",.n III' the W""15 IcCI III' F,'TtIen,fl Drive lying belwe,," IIle easlerly eXlen.ill1lS III' the Nnrtllline ur said Lilt Nand d,e e''Ilterline Ill' CuIUl!!" Plv.cc. LE(iAL DESCRIPTION OF I'ARCEL "C": Lol I. m"ck 12. MiuuetulIka Mauur. licnllcpih Cnuruy. Minm:soll.l amllhal p:sn ul'lhl.: Suuth Half of VUf.,'Uh..'lI Cuuugc Illace lying bClwecH the nClrtlll~rly cXh::nsinn ,,1' Ih.... Bum and WL'l't lines ut' suid Lnt I: and Umt part nf the W,:st 5 feci t,l'Fcmcmtl Orivc lying bctwcclI the cast'-Tly cXh::usitKlS nrthc Smulllim: ,.{'sOlid l.I" 1 and the cOl...lcrly '-OXICIlSiulI or 1~.IC !,.'Culcrliuc u('sai,,1 ('uUagl.: Placl.:. Su~i4..'CtIU:1l1 ca."it:ml..'Tltl\)r lWrJ.b'Calld drivL~vay uvt:r the W\.'St (IS let..1 ur tl,,: St,ulh 2U 1l..'Ct then:,,!: LEG^1. IlESl1UrTION Or: "AIlCEL "0": Lnl3 :lmllhc Nunh 20 teet uf Lilt 4. BI'ICk I:!. Minnctlmka.l\1Iannr. Ht:nncf1in County. Minncsula. Ulld lien [lU.n . urlhe Wt.'St S n:el uffcnlcrl.lO Drivi: lying. hdwC'C'n 1111: cusli..-riy.c"-t...-nsiuns ot'the NImh lille Ilf HuiLl Lut J aild the Suulh lille IIr said Nurth 20 r,...1. LEGM. DESCRIPTION OF l'ARCm. "1''': Lllt.5 and that pan urLul 4. Blm:k 12. MiIlIlClouk.:1 :\1:11IUf. H...'lIIepin ('ounty, Mirmcsnta. lying Suuth ut'lllt,' Nurtb 2U lcellhercurand Ihat f1:.1I'! uflhe \Ve~1 ~ h:l~l ul'.h:nlcnln Urivc Iyinl! rn..'twccn the c.:a."ltl.:r1y c:ul.:nsiul1s nrlhe S"ulh liue \If said Nurth 2U Iceland the c;lsh.:rly eXb."lu.hul urtlle Suuth hill.: ufsaid l.ut $. LIMITATIONS &. NOTES: I. Slu,willg the lL~~Jth and din..'Cfioll nf bnundary HIU':s uf Ihc ahuve legal dc:\criptiulI. The ~1..'Ul11.: uf uu,. services dut.'S ~ inclu()c dctcnniuiu!:! wh:n YUII I1WII, which i!\ a Ic:~allhullcl'. I'll..-;L~C chc..'ck thl.: Icgal dC!\e'rif'tiou wid1 your rccnrd!'i ur cunsull Wllh c.nnpctclIll\.'g:11 cULlluie1. irm:I."t:SN:uY.II' make SUI\: thm U l!o cum."Ct. and th:Jl any mailers urrccunt. such as cascmcn(~.lh:1t yuu wish l'hUWlI U1I du: survey. havc ll&.ocn sbuwn. 2. Sh"win~ the locatilm I,r t:X.iSlill~ nnpruvC:ll1elUs we U.........II...'lI_ imll\'rtunt. J. Sdtillgllew Immumc:nll' or veri lying I.ld """lUlllcnls In murk th\.' Cllnlt:r!'i llfthc I"fUl'Cfty. 4. Shuwing Ihe luput:mflhy uf the site hy cunluur liul.:!" :Iud Sf'UI CICV:UKlllS. the clc.'Yatiun~ shuwu n:hne ullly Iu the bc.'uclunnrk flnlvidcd un this SUN"")'. lis!.: 111:11 hcndunark ami check at 1"'.."!illllM: UdIL'" teuLLlrc shuwn 011 the 11U1I' when cktermiuiltg ulhl..'1 clcv:uiulI~ tin' UM: tllllhl~ .sile. ~. SIK,willg ynul' prUfluM.'d c1ivisiull ,.r cxi!o.lmg rUlf~'CI.;" 11' furm new ":lrccls. (,. When .and if yuu uhlaUl :lpprn,'al ut'lhe !,,1'l.IfH1S"'I.1 divisulI. WI.: will prL')'1urc Ic~ul descri(1l1UII~ 1\lr dr..lIIl;I~l.: and utililY C:lM:I1ICllt~ aruund thl' ,,~mncter lIt' ;:tIll1an.:cls ruKII1I:I\:'" IIU1IlUml..'nl!o. :nlhc Cl1nlCI1o. \tf all fl;1I'L-'1:b.. 7. The pru(lusal inv'llvL.'S vac.llill~ thl.: We!'.1 :' kCI ul' h.'nlcnltt UriVL.' and slime arcu. lrunUlyc alld utilily C3SCIIU.."llt width V"J.naIICC!\. STi\NDAlln SYMHOLS 8: l.'ONVENTIONS' It. .. DCUlllCS I.'::" IU I1lf1': with plasl1c plup; heanuv SI:.I1e Llccnse Nunlher 4123:0. =,,,,1. uuless r'thCf\\'bl.' IIUIl.,'u. GRAPHIC SCALE "k."'\..J ~ i ( DI JIlT 1 I herehy eerti~' Ihat rhi, piau. sl'e,iii,allull. rel'url ur survey Wil.' prepared h\' I lie (If undt:r my direcl Mll'ervi,illil .mli lhal I am a liceu>>cu Pmtb,ional Engilll:el' aut! Prutbslunal Surve\'or 1I11Uer rhe 1.1\\' uflhi: Stale of MinlleSUt:l. O-nmno~,jl' @~ 8;Ti."P~cr !'.r.. & !'.S. ,,, l)2.'~ I.I - ~ --, "' -;:' 96U/ V! II ) rI~lli... 11~.16:l ... ~ ~ . ~~ ~~ ';:___0 "'" _,go' ,.."y'!!'.!-___ 0 / V tD I to" ....., . ... . . I \I : adnt>g~ ~ ~ V~ ,..--L. I, ..". , '~lNi3.D "'::.... ~ ~ ~ : 'rf I 86U'1L .., X 03. ~\\ / (;' \~t ~~<DC).~ A".,,, ~ 1162.6 ~ I r ... -r- -;----------- : I, Benchmark' l.i~.. : ()' 9,633 sq. ft_ I /"tip filM.".. - ~ .... I -- "'___t1IS7.'. - . to I Lu,.fIl- '-_'~ ~ \ ---~ dralnoge'&utnlty-esmt. - !! . " Ra....".'.... I<- ~ .-..,..,. ~ I ... ~ """J ~ ~ I ~~ ~ )/.f l. . .;~~ ~ ,J':::: . . . ~"~~' .i ~ !~ ,,.,..- " . ';" E' \II' ~.. ~ ,,~ / ~ \.~ ~~~ ~ ~~ - ~ I~ ~ ~ ~~~ \ ~r ..........,... , , I ; ) . 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'- ~ ag'-g-' ~III , ," _.,"~ ~ ~ I ti "0 u c: t~~ Il. ':on . -_/?...... ........J.. ~.' y ~ .... ,'" 1 I ;um.........li . ".\'. c.' /0 . ~ ~ \7 L_z:!::.1r---ge ..A-;:$; -~...L ~.. 1~~'-- c:- \ . _ ...\ .,.. ""'. !!'1' \., I ~ \ ~ trarage & D~~ ~a.e~,", . ~ 10 L I RQoo;..',..' '" ' ~ \ I \ to . -,,', \ .1 -----:---,-,.--- ;--- '.>\l.11I ,\ \ ;.' ~ . U', 4j , VIIt.7 I') \; '. .; I-/' ",. I 0 ~ . , (), / ,~' 1\ JS.J ~ \ t ~ b"'" "t- 0 .. " ;; I ,. / ,:: - \. ....;;.; l " .. - l\ -, r I .\ S; <17 I :;' ~ 1 l! _~_ +ge & utQitY=nt. i .. ~~l t\ \' V'" ~ I 'vIi I &.. ~l il 9 ~66 '''S~e ~~~; '0" 1 \ ~ \ '/r TJ _ /a be remaved ~ '"'" ...; I . 1.1 1 ) 3.5~/ ?, to" MI!~~ j ~'V 0 J'I 7"./ ...... ~&lle().,\ ;i:D Y.... Iu't'.,' V :_~-...a. --------- -....---...I~.'rllAP\E ~)-. ,.:! . ~'-.~~ .......j 1 ~ ~~ \ ~ ""-" --.. .L.I -' -If \ I ~~ 24% H.C. '<.?1 ~ I 1:&1 ~ /1\) r- 'I r- - f-fi---I-\. ~-- -.:::---~'" :0--\-, .. \ I .... , 6:. I I '\ Il.C'oI 4 II' 1\ 'j to I..-~--~nil V -il ~,. t~ 'I \ ~ I'V. ~q -. l! ,.....~..."., ......' P:;.:;~ .Edralnage & utnlty es1fi~ L ~,ID -\ .. ~ r'" ~ h' __Pn>ol-".._-" · \ \ I ~ ~ . LL "'- \ ~/I () :,!~j ~: 4% H.C.~ I "' t ' . 1 ' ~ ~_ ~-' l1l~_11 L~41: -.......~ Il ~. ~.. 1 v,rio'.t O~~..- .....0 IV ,. I :-- r~~1 ..~ V I ~i~ . f,~ III ~ ~ \ 0'11, 0 \ 9IO..S ~ t)'.'-Vj Or*"' ~~'_\"tL~---,,'\ ~:'572sq.\ft"mn~~1 O\.r / / U j ~ ") "".. _". . ,..fty _" 'Exhibit C . ~v! ..l--- .,,- ~ - ~V - - -1- - - - . c\ :r-" -\ ~,::J=--, - "bii~~ ~ . \ PROPOSED LOTS I J' ---- - tJ ~\~ .~ '1....~.~. _ >,: 1 ----j o 13 J 1 I I l! ~ I ~ ,- I ,~,'" '--._ //no of /IN -",- x .7.1 .... '~1.J.,J, r'J V..""'L" 4- -~--- ~ .~ I I 110 I I I.. ~ III. ,.....; ~~ \ ~ \ ~ ~ -- :::: -"J ~ ~\ ~ '~ ,.~ v - ~~ ...... . . I am very much in favor of Matt's two subdivisions. Matt is willing to remove a duplex and his garages in return for small variances. I believe that this would be an improvement to the neighborhood. Also knowing Matt personally for the majority of our lifetimes, and his being a longtime Shorewood resident that I'm confident that these considerations will be of benefit to both the community and the city. BobQ. ,13;;;/ Q~ Tim Quinn .~;-~ 21200 Minnetonka Blvd Greenwood - iO !l:'''f.':;:""" n ":E-:;;;:--'-, fr\ ~= l.; t: ~ ,\V ~:l.J~ j NOV 1 ~>; 2004 I I CiTY OF SHORI=\JVOOD I """-----.-,-.,.! \ ~r --=~~'l ! ~~. , ;.f"'r) -=:l- ~? I I~~ 0 rr"'" i ;J,d c:> G"i i : j . , ' . . . . . . . '.. , ' TO:Mr. Bradley J. Nielsen . Planning Director C/O Planning Dept. 5755 Country Club Road Shorewood, MN 55331 FROM:Mr. Matthew Phillippi 21155 Minnetonka Blvd 4900 Ferncroft Drive Shorewood, MN 55331 Ir---t': ":" , ". "~.~:':""""' ',';; --.-; i "~,., I \.1 } '11 r... .{:l l r, ,..', ..\. ,.1.' '... .;, r. ' t [ ;(';;:~r',:"f;'.~' ::;.,(~ 1 ....:.... j l...,.,__ :I..._~"""" __ ......_,.....,..=-...~,,> >" Date:l0 November 2004 Mr. Nielsen: . We own property legally described as: Lot 1, Block 11, in Minnetonka Manor We plan to build a house on this lot. As property owners, we are in favor of the duplex at 1900 Ferncroft being burned down by the fire department. Two houses will be built to replace the duplex. Initially, the duplex was (technically) built on 2 separate lots. The two new houses' would be Ii big improvement over the existing duplex, which is over 100 years old and too dilapidated to justify required monetary improvements. .' . Two, new single- family residential homes that would be built on the lot at 2155 Minnetonka 'Blvd would improve the neighborhood, and increase the propertY'value of the hOlD.es in the area. We.understand that there are 50- foot lots in Minnetonka Manor, so sub. dividing both parcels intq larger, single- family residential lots would not be a problem. We request your approval of this planned development. Thank You. Best Regards, 1r~!Z:2{~ DolL t jjf Dennis L. Tibbs . . Nov 12, 2004 City of Shorewood c/o Planning Dept. 5755 Country Club Rd. Shorewood, MN 55331 Dear Planning Commission Members, I am responding to the written notice for Public Hearing held Tuesday, Nov, 16,2004 at 7 :00 P.M. on the lot-size variances at the properties of 21155 Minnetonka Blvd and 4900 Femcroft Dr.. I am in favor of the subdivisions for both properties and realignment of the properties lines. This area of Shorewood has several small lots under 10,000 square feet. Many of the lots on the east end ofFerncroft Dr have had new houses built and others have been remodeled in the last few years. The same type of development has happen on Minnetonka Blvd where the other subdivision is located. Mr. Phillippi had grown up in the same neighborhood and has owned these properties for several:' years. If any improvements to the properties would enhance the neighborhood for further development. - , U~.. Home phone 952-474-3694 ., .. . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 11 November 2004 , RE: Finch/Klouda - Minor Subdivision and Combination FILE NO.: 405 (04.34) BACKGROUND Mark Finch and Tim Klouda own the properties at 20090 and 20250 Excelsior Boulevard, respectively (see Site Location map - Exhibit A, attached). They propose to rearrange the common lot line between their properties as illustrated on Exhibits B and C. The subject properties are located in the R-1A, Single-Family Residential zoning district. Part of the Kloudaproperty includes Tract D, RLS 1083. Mr. Klouda proposes to convey the easterly 100 feet of Tract D to Mr. Finch, who will combine it with his property to the east. The amount land to be conveyed is'approximate1y 2150 square feet. . It should be noted that Mr. Finch's property is actually two parcels. As part of this application, Mr. Finch will legally combine his lots with the small triangle now owned by Mr. Klouda. ANAL YSISIRECOMMENDATION This request is very simple. The proposed lot line rearrangement cleans up a gerrymandered lot line between the two properties. Per staffs recommendation, the applicants have agreed to provide the City with a drainage and utility easement, 10 feet wide on each side of the new lot line. The applicants should provide a deed for this easement, to be included as an attachment to the resolution approving the division/combination. ft ~J PRINTED ON RECYCLED PAPER #8. B. . . Memorandum Re: Finch/Klouda Minor Subdivision/Combination 11 November 2004 Mr. Finch has requested that the resolution not have to be recorded until such time as the Klouda ' property (currently for sale) is sold. As long as the applicants provide an up-to-date title opinion , or title commitment for revi~w by the City Attorney prior to the sale, it is recommended that the City allow as much as six months for the transaction to be recorded. Cc: Craig Dawson Tim Keane Mark Finch Tim Klouda -2- '\' ~ o ..... ~ j:l ~ o u I:l o ..... m ';> o z~ 9~ E-4~ <"Cl U::3 <00 .<;::~g :9r,.':l..c ..cE-4(.) r~ ~.S _ OO~ '\' 19",j 000'\ oos OSZ 0 Y N . - - -FCiUND" i/2" 589'42'18.W 150.39 MEA5 150.0 DEED I I I I I I I I I I I ~)~. I I I I I I I I I I I I I I I I 1 I I 1 I 1 I I I ,,-MOST EA I,'" LOT 3. =Y UNE OF /1 1, FOOT LAKE ADDN. I 104.31 " lIJ ",'~ . ,,' I 0' .;1:'1 I:'IItI " b"': ,I., " ~ " I '- ,,0 I \ f'.-'r ..".... f'.C .....V \ ~ v\ ,,),r- I "" - "' " \ \\"\\ \ 'r'....,J I "1,,,)\.0' \ '\ i P/CELiB I I I I ';, I " I I ~ ~ ..,.., ';1:'1 ..,. 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CITY OF SHOREWOOD RESOLUTION NO, A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR MARK FINCH AND TIMOTHY KLOUDA WHEREAS, Mark Finch and Timothy and Theresa Klouda (Applicants) are the owners of certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have applied to the City for a subdivision and combination of said real properties into two parcels legally described in Exhibit B, and as illustrated in Exhibit C, both attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by the Applicants complies with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: 1. The real property legally described in Exhibit A be divided into two parcels, legally described in Exhibit B and illustrated in Exhibit C, both attached hereto and made a part hereof.. 2. The City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. 3. The Applicants record this resolution and the Drainage and Utility Easements attached hereto as Exhibits D and E, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of November 2004. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk ~ . . E:ristin!! Le!!al Description - Timothv and Theresa Klouda Parcel Lot 3, Block 1, Foot Lake Addition, Hennepin County, Minnesota. Existin!! Le!!al Description ~ Mark Finch Parcel .A11tb.at part of Lot 48, AuClltots Subdivision NwD.ber One Hundred Forty One, Hennepin County, Minnesota, lying North of the Township Road, described as follows: Commencing at the Northwest comer of said Lot 48; thence South along the West line of said Lot 48, a distance of334.43 feet, to the actual point ofbegjnning of the land to be deScribed; thence angle left 120 degrees 30 minutes, a distance of 67.0 feet; thence angle right 99 degrees 03 minutes, a distance of 304.40 feet, more or less to the Northerly right of way line of the Township Road; thence Southwesterly along the Northely right of way line of said Town Road, to the West line of said Lot 48; thence North along the West line of said Lot 48 and there temrinating, according to the recorded plat thereof, and situate in Hennepin County, Minnesota AND That part of Lot 49, Auditor's Subdivision Number One Hundred and Forty One, Hennepin County, Minnesota, lying Easterly of a line drawn parallel to the East line of said Lot extending from a point on the North line of said Lot, distant 150 feet West of the Northeast comer thereof, Southerly to the point of intersection with the South line of said Lot 49, excepting that part of said Lot, if any which has been taken for roadway purposes, according to the recorded plat ~ereof and situate in Hennepin COU1lty, Minnesota.. . Exhibit A . .' Proposed Le!!al Description - Timothv and Theresa Klouda Parcel (A) Lot 3, Bloc1$: 1, Foot Lake Addition, Hennepin County, Minnesota.. AND All that part of Tract D, Registered Land Survey Number 1083, lying westerly of the southerly extension of the most easterly line of Lot 3, Block 1, Foot Lake Addition, Hennepin County, Minnesota. Proposed Le!!al Description - Mark Finch Parcel (B) ---- All that part of Lot 48, Auditor's Subdivision Number One Hundred Forty One, Hennepin County, Minnesota, lying North of the Township Road, described as follows: Commencing at the Northwest comer of said Lot 48; thence South along theW est line of said Lot 48, a distance of 334.43 feet, to the actual point of be ginning of the land to be described; thence angle left 120 degrees 30 minutes, a distance of 67.0 feet; thence angle right 99 degrees 03 minlltes, a distance of304.40 feet, more or less to the Northerly right of way line of the Township Road; thence Southwesterly along the Northely right of way line of said Town Road, to the West line of said Lot 48; thence North along the West line of said Lot 48 and there temrinating, ~cording to the recorded plat thereof, and situate in Hennepin County, Minnesota AND That part of Lot 49, Auditor's Subdivision Number One Hundred and Forty One, Hennepin County, Minnesota, lying Easterly of a line drawn parallel to the East line of said Lot extending . from a point on the North line of said Lot, distant 150 feet West of the Northeast comer thereof, Southerly to the point of intersection with the South line of said Lot 49, excepting that part of said Lot, if any which has been taken for roadway purposes, according to the recorded plat thereof and situate in Hennepin County, Minnesota. AND All that part of Tract D, Registered Land Survey Number 1083, lying easterly of the southerly extension of the most easterly line of Lot 3, Block 1, Foot Lake Addition, Hennepin County, Minnesota.. Exhibit B I I _--1 ~ I _--- I~"" ././ I -- 't\. ~~;I'~./ I _ - ....- - S'1't\.'J"Y:. ___ - I ."~fgl?~~;..... ....... - 1\ ~~ I -- rI ")\.ot ___- . -- ~ \ ./ .rf 1\.'1.'0. ~ - ~'!b I ...-' UJ. . ____ - - -:\.:'t'"1 CINlllU "1-1.\ I ././ ~- --- 1-79"0\ /$ ~ ~ /"" . ... ........- _ _ _ I 11I,1.\'\1.-" 11\ I ./ ./'" -- l!l ~./ ~.~ .~.......__ I~~ 1 1..../ I ,...."'1"-\ 0 ( '" /:..."" I .., -;~~ " ()~ ~ :.:>'~ V I ~li "llD1IV d . 1 ... 1>~~~.~ I t' '"'!'Jay I :IE 1 _ _ _ --1 _ ..L.. r-- I.. .;'r-.. ':.. 1 /'/ ",,- - - ;7 - - -...~ - -(- - ..)I I ~~f-rf-" I :._-u~~...~.~ "~("lOI"'-J.) ...t\ I I I" 3HI. JO NOISNlllG .l.1ll3Il1/IIlS ..... /I A-~ -t "'I "NlIQV ]llV1 ~ '1 DJ'18 "E J.D1 ~--r ,0 \ ?' ~ I JO ]/fl A1lI3I.S'i3 lSOIl--,- II HI Ja\IIllS --, >- ~ I % I ~ II ~~!..__--~;L-.i-----7t" I ~~ "'.!l~.6l'.t9S c', ... ' I ... - : ... J ", I~S I " \('IJ -t 4( L" I ...,.......> ~~~, .~:t' I I / ~'" " , I if...8 --', I d d ~~ ~-__~I '1"':)'-' ..I) r,'J...... ... ,,!8l1t- - -- ...A ''J pf ........8~~" -- a i"llDr l ' ~ ----- I I I I I I I I I . ( .!DillI ) ~..~ .. . .. :ny:>s :>rndV1If) __ - ~ 6".e1 .o'fO'91.'f" ~ 0..90\W' ~ fj},Jo; I ~..I y~" I (f't ,). , ("c .(\~, ,-' 0'-' ./-"\ \ u ...... . .... ,.Q . .... ~ ~ ~ r. ,0.... y A U , , V \ ,C:::,,, ,-~~I :;,c.l..... .., '0 10' ;l eN t" , '" I I I I I r I I I I I I , I I '~J -- , It"tOl ODlD 01l!l! SV31'l1 lIt'O!l! M.,8I,J;t.68S . . QUIT CLAIM DEED Individual to Individual No del inquent taxes end transfer entered: certiflcata of Real Estate Value ( ) filed ( ) not required certificate of Reel Estate Value No. , 2004 ,)~(JL:r;- County Audi tor by Deputy DEED TAX DUE HEREON: $ Date: , 2004 (reserved for recording date) . FOR VALUABLE CONSIDERATION, Timothy C. Klouda and Theresa K. Klouda, husband and wife, grantors, hereby convey and quitclaim to The City of Shorewood, a municipal corporation under the laws of the State'of Minnesota, real property in Henn~pin County, Minnesota, described as follows: An easement for drainage and utility purposes over the East 10 feet of the following described parcel: All that part of Tract D, Registered Land survey Number 1083, lying westerly of the southerly extension of the most easterly line of Lot 3, Block 1, Foot Lake Addition. The Seller certifies that the Seller does not know of any wells on the described real property. The consid~ration for this transaction is less than $500.00 ":';", ._- .... Affix Deed Tax~Scamp.Here Timothy C. . Klouda . Theresa K. Klouda STATE OF MINNESOTA ) )SS ) COUNTY OF HENNEPIN The foregoing was acknowledged before me this ____ day of , 2004, by T~mothy C. Klouda and Theresa K. Klouda, husband and wife, grantors. Signature of Notary Public THIS INSTRUMENT WAS DRAFTED BY: Tax Stat_nts for the raal property described In this instrunent should be sent to (include nam8 and address of Grantee) william H. Henney 5101 Thimsen Avenue suite 200 Minnetonka, MN 55345 hen-2004/qult-kloucla Exhibit D QUIT CLAIM DEED Individual to Individual No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) filed ( ) not requl red Certificata of Real Estate Value No. , 2004 J:: ~~- County Audi tor by Deputy DEED TAX DUE HEREON:. $ Date: , 2004 (reserved for recordinll data) FOR VALUABLE CONSIDERATION, Mark M. Finch, single, hereby conveys and quitclaims to The City of Shorewood, a municipal corporation under the laws of the State of Minnesota, real property in Hennepin County, Minnesota, described as follows: . An easement for drainage and utility purposes over the West 10 feet of the following described parcels: That part of Lot 49, Auditor's Subdivision Number One Hundred and Forty One, Hennepin County, Minnesota, lying Easterly of a line drawn parallel to the East line of said Lot extending from a point on the North line of said Lot, distant 150 feet West 'of the Northeast corner thereof, Southerly to the point of intersection with the South line of said Lot 49, excepting that part of said. Lot, if any which has been taken for roadway purposes, according to the recorded plat thereof and situate in Hennepin County, Minnesota, AND All that part of Tract D, Registered Land Survey Number 1083, lying easterly of the southerly extensidh of the most easterly line of Lot 3, Bloc~ 1, Foot Lake Addition, Hennepin County, Minnesota. The Seller certifies that the Seller does not know of any wells on the described real property. ;:;. The consideration for this transaction is less than $500.00 . Mark M. Finch Affix Deed Tax Stamp Here STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this ____ day of 2004, by Mark M. Finch, single, Grantor. Signature of Notary Public THIS INSTRUMENT WAS DRAFTED BY: TaX Stat_nts for the reel property described In this instrUlH!llt should be sent to (Include nSlIlI and addrass of Grantee) William H. Henney 5101 Thimsen Avenue suite 200 Minnetonka, MN 55345 Exhibit E hen-2004/qult-finch .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: November 18, 2004 TO: Mayor and Council Members Jean Panchyshyn, Deputy Clerk ~ 11f' Craig W. Dawson, City Administrator/Clerk . FROM: RE: CITY CODE BOOK RECODIFICATION In May of 2002, Council authorized the City Administrator to enter into a contract with the League of Minnesota Cities (LMC) and American Legal Publishing to conduct a legal review and recodification of the City Code Book. . American Legal Publishing and Duke Addicks, LMC Codification Attorney, supplied the City with an editorial and legal review report, as well as a Draft Code for review. As Council may recall, two work sessions were, held on October 20,2003, and November 3,2003, to review the proposed edits by American Legal Publishing, the LMC, and staff. Staff finalized the edits and forwarded them to American Legal Publishing on May 28, 2004. A copy of this final report of edits is attached as Exhibit A. Below are highlights of the major recodification edits: . Several. chapters which were outdated were removed: Chapter 108- Industrial Revenue Bonds; Chapter 203-Human Relations Commission; Chapter 20S-Land Conservation and Environment Committee; Chapter 303- Taxicabs; Chapter S04- Tree Diseases; and Chapter S06 - Individual Water Supply and Sewage Disposal (these topics are covered in Chapters 903 & 904). . Chapter SOl-General Health and Safety Provisions, and Chapter S02-Nuisances, have been combined and rewritten to new Chapter SOl-Nuisances. . Chapter 30l-Gambling and Raffles, was rewritten using the LMC's model ordinance, as many ofthe provisions in the existing code were outdated. . Chapter 606-Juvenile Curfew, was revised using-the LMC's model ordinance, which conforms to recent U.S. Supreme Court decisions concerning curfew. . Chapter 1201.02 -The definition of "Family" has been revised. . Fees will be adopted by Ordinance. o PRINTED ON RECYCLED PAPER ~9A .. City Code Book Recodification November 18, 2004 Page Two Many other minor technical and clarifying edits were made throughout the Code Book. The Planning Commission reviewed the proposed changes to the Zoning Ordinance at its October 19,2004 meeting, and held a public hearing on the proposed changes to the Zoning Ordinance on November 16, 2004. All proposed changes to the Zoning Ordinance are recommended for approval by the Planning Commission. American Legal Publishing has completed the edits and has supplied the city with a final copy of the new Code Book. A copy of the new Code Book is included for Council's review. The new Code Book is current through Ordinance No. 401 passed on February 23,2004. In addition to receiving paper copies of the Code Book, American Legal Publishing has provided . the city with an electronic copy of the Code Book in searchable Folia format which will be installed on the city's network. A CD of the Code Book in Microsoft Word was also provided. The Code Book will be made available on the City's Website in a searchable format upon Council approval of an Ordinance accepting the recodification of the City Code. Staff Recommendation Staff recommends that the Council adopt an Ordinance to enact the revised City Code of Ordinances (i.e., the new, recodified City Code). Council Action Adopt an Ordinance Enacting a Code of Ordinances for the City of Shorewood. . - CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES WHEREAS Minnesota Statutes Sections 415.02 and 415.03 authorize the city to cause its ordinances to be codified and printed in a book, . NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. The general ordinances of the City as amended, restated, revised, updated, codified and compiled in book form, including penalties for the violations of various provisions thereof, are hereby adopted and shall constitute the "Code of Ordinances of the City of Shorewood." This Code of Ordinances also adopts by reference certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances. Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the following titles: . Title 100: Administration Title 200: Boards and Commissions Title 300: Business Regulations Title 400: Liquor Regulations Title 500: Public Health Title 600: Public Safety Title 700: Animal Regulations Title 800: [Reserved] Title 900: Public Right-of-Way and Property Title 1000: Building Regulations Title 1100: Flood Plain and Wetland Developments Title 1200: Zoning and Subdivision Regulations Title 1300: Municipal Fees Section 3. All prior ordinances, pertaining to the subjects treated in the Code of Ordinances, shall be deemed repealed from and after the effective date of this ordinance, except as they are included and re-ordained in whole or in part in the Code of Ordinances; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective (late of this ordinance, nor shall this repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the , issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall this repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances. Section 4. This ordinance adopting the Code of Ordinances shall be a sufficient publication of any ordinance included in it and not previously published in the City's official newspaper. The Clerk of the City shall cause a substantial quantity of the Code of Ordinances to be printed for general distribution to the public at actual cost and shall furnish a copy of the Code of Ordinances to the County Law Library or its designated depository. The official copy of this Code of Ordinances shall marked and be kept in the office of the City Clerk. Section S. The Code of Ordinances is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the Courts of the . State of Minnesota. Section 6. This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect upon publication of this ordinance in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 22nd day of November, 2004. WOODY LOVE, MAYOR ATTEST: . CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK LEGAL REPORT FROM DUKE ADDICKS, LEAGUE OF MINNESOTA CITIES, WITH SHOREWOOD STAFF RESPONSES INDICATED IN THE FAR RIGHT COLUMN; AND SHOREWOOD STAFF PROPOSED CHANGES INSERTED AND INDICATED IN SHADING NO. SECTION 1 Throughout 2 Throughout 3 Throughout 4 Throughout PROPOSED CHANGES AND REASONS We have kept your numbering and organization system. Throughout the report I refer to Minnesota Statutes as M. S. followed by either "Ch. ", indicating a chapter number, or the section sign, "9", indicating a section number. PLEASE NOTE: COPIES OF STATE LAWS. SESSION LAWS AND RULES may be easily obtained through the Internet at http://www.1eg.state.mn.us/leg/statutes.htm The words such, said, herein, etc., were changed to a more OK appropriate reference, and the code made gender neutral. Whenever a statute or rule is cited, after the citation the words OK "as it may be amended from time to time" will be added in your final code. The reason for this is as follows. Under the state law, which authorizes cities to adopt laws and rules by reference, M. S. 9471.62, there is some controversy over whether, when a rule or law is referenced or adopted in an ordinance or code, future amendments to the law or rule are or can also be included. The Attorney General is of the opinion that future amendments to laws and rules can not be adopted by reference because at the point of time when an ordinance is enacted or a code is adopted, the governing body has no knowledge what future amendments to state laws and rules will be. However, in drafting codes, I always include the language "as they may be amended from time to time" after a citation to a statute or rule to at least attempt to include future amendments in the adoption of a law or rule by reference. This language will be included in the final code after every citation. But I do want to point out that even including this language may not be effective to adopt future amendments to laws and rules. Item continued on next a e... SHOREWOOD STAFF RESPONSE OK OK Exhibit A NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE Each year after the legislative session the city should adopt a brief ordinance stating that: "Any amendments to a rule or statute adopted by reference in the city code shall be included by reference in the code as if the amended statute or rule had been in existence at the time the code was adopted." The above phrase has been inserted in your draft code's general provisions as well. 5 Throughout Whenever a penalty provision does not refer to the uniform OK penalty section of the draft code, that reference will be added for clarification. . 6 Throughout Our editor has changed all mentions of the City Clerk and or Not Acceptable. Treasure and/or City Administrator-Clerk-Treasurer to City Administrator, per your request. City Administrator/Clerk, Is this still acceptable? and Finance Director/City Please advise. Treasurer to be separated 7 Throughout In my report below I propose several provisions of my 2003 Modify language to Minnesota Basic Code be substituted for language in the draft read "City code. If this is acceptable, the language of the basic code will be Administrator/Clerk" modified to conform to the rest of the draft code. For example, OK to adopt fees be instead of "City Clerk" the language will read "City Administrator" and instead of "the Ordinance Adopting Fees Ordinance and Charges. . . " the words "by ordinance" will be used. 8 Chapters 101 NOTE: With certain exceptions, these are the League's model Change Title of to 104 general provisions. See the enclosed editorial notes from Chapter 104 to: American Legal to understand what we have done. General Penalty and Enforcement I am enclosing the 2003 Minnesota Basic Code Chapter 10, which contains additional provisions. See especially 99 10.98 Delete last sentence in and 10.99 which are new. I suggest we include these two new 104.01, subd. 1: sections from the enclosed 2003 Minnesota Basic Code Chapter ... "shall be a sentence 10 in the final code. 2003 Minnesota Basic Code 9 10.99 would of not more than 90 replace draft code Chapter 104. 2003 Minnesota Basic Code 9 days or a fine of not 10.98 would become a new Chapter 105 in your final code. more than $1,000, or Item continued on next page... both. " 2 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE Language permitting the establishment of administrative Add MN Basic Code penalties is in the model language at ~ 10.98 and of 10.20 as: enforcement provisions (in new ~ 10.20). The city and its attorney should review these sections to determine if they 104.02 should be included in the final code. These provisions will be ENFORCEMENT added unless advised otherwise. DO NOT INCLUDE Are there any changes that the city wishes to make in these MN Basic Code 10.98; general provisions found in the enclosed new Chapter 10? City will address this issue after the 2004 Or does the city wish to retain the language of its 1987 code. If Legislative Session. so, are there any changes? Please advise. 9 105.05 PROPOSED CHANGE OK Delete the language of this section and insert the following: "Pursuant to the authority granted by M. S. ~ 415.11, as it may be amended from time to time, salaries of the mayor and council members shall be set by ordinance. No change in salary shall take effect until after the next succeeding municipal election. " REASON To state the requirements of the statute and to avoid the necessity of amending the code every time a salary ordinance is enacted. This change will be made unless advised otherwise. 10 109.01 and 109.02 NOTE TO CITY DO NOT DELETE I'm not sure by what statutory authority the city has established these harbor limits. I know of no eneral statutes to authorize Ref. MN Statute 412.22 3 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE these limits. What IS the purpose of these limits? Should these provisions be deleted? Please advise. 11 201.05, Subd. PROPOSED CHANGE 3. OK Delete "or City Charter". REASON Shorewood IS not a home rule charter city. 12 201.06 This change will be made unless advised otherwise. PROPOSED CHANGE OK . Delete "two-thirds" and insert "majority". REASON Until recently, amendments to a zoning ordinance required a two-thirds vote. The legislature changed this requirement to a simple majority of the council, except when changing a zqnmg district from residential to commercial or industrial. Since the planning act provides a uniform procedure for conducting and implementing municipal planning, and since a city can not have a procedure different than state law, this section of the draft code will be changed to conform to state law. See the enclosed Common Mistakes m Land Use Ordinances, points # 3 and 11 . This change will be made unless advised otherwise. ---- 13 204.01, PROPOSED CHANGE OK Subd.2 After "Chapter" insert "363". REASON The citation was incomplete. This change will be made unless advised otherwise. 4 SHOREWOOD STAFF RESPONSE _1iIa~;~- 14 Chapter 301 NOTETO CITY OK - The League Model Ordinance will be adapted to accommodate the City's current regulations. NO. SECTION PROPOSED CHANGES AND REASONS This chapter contains many out of date provisions and seems to imply that the city licenses lawful gambling. Most lawful gambling is now licensed by the State Gambling Control Board. Rather than try to correct the language in the draft code, I suggest that all of the language of this chapter be deleted, and the language of the model ordinance found in the enclosed Lawful Gambling memo 255.7 dated June 2002 be used with whatever changes the city may wish to make. When the city replies to this report, just send a copy of the model ordinance with the blanks filled in and other changes made, and it will be included in the final code. Please advise. 15 Chapter 302 PROPOSED CHANGE Replace the provisions of this chapter with the contents of 2003 . Minnesota Basic Code Chapter 115 Tobacco Regulations. REASON This chapter is out of date and not in conformance with the provisions of state law which require compliance checks and administrative penalties. If the city chooses not to license the sale of tobacco, the county must do it and also conduct the compliance checks. Is this change acceptable? Please advise. .16 302 QUESTION Does the city still license taxicabs? If so, are there changes the city wishes to make in this chapter? If not, should the chapter be deleted? Please advise. Not Acceptable The city does require compliance checks and does have an administrative penalty schedule. Upon further review by Duke Addicks, both were found to be in conformance with State Law. This is Chapter 303; (error in draft code which has it listed as 302) Delete Chapter 303 - Taxicabs 5 NO. PROPOSED CHANGES AND REASONS 17 Chapter 308 Upon review by City Attorney, city will I'm enclosing our 2003 Minnesota Basic Code Chapter 113 maintain its current dealing with peddlers and solicitors, which the city may wish to language, and will consider using instead of the language in the draft code. clarify Section 308.. However, should the city wish to retain its own language, I am the Scope and Purp proposing below several changes to conform to a recent court of this chapter. decision. The U. S. Supreme Court in Watchtower Bible & Tract Society of New York v. Village of Stratton, decided June 17, 2002, has ruled that cities cannot require registration of persons engaging in door to door advocacy because it limits their freedom of speech rights under the constitution. Does the city wish to use the League's basic code language or use the language in the draft code? Please advise. 18 PROPOSED CHANGES to comply with the Watchtower Not acceptable - No decision: change to current city code Are the two changes below acceptable? Please advise. 19 308.02 Add an additional definition to read as follows: No change to current city code DOOR TO DOOR ADVOCACY. The term DOOR TO DOOR ADVOCACY includes door to door canvassing and pamphleteering as vehicles for the dissemination of religious, political and other ideas. 6 =-- NOTE TO CITY OK - City will update its fee schedule to reflect fees as: NO. SECTION PROPOSED CHANGES AND REASONS 20 NEW SECTION 308.14 Insert a new section to read as follows: 308.14 DOOR TO DOOR ADVOCACY Persons engaged in door to door advocacy are not required to obtain a license or register with the city and are exempt from the provisions of this chapter. 21 Chapter 310 NOTE TO CITY It appears that this chapter and the ordinance amending it, were in effect before August 1,2002. M. S. ~ 18C.II0 provides that an ordinance enacted before that date may restrict the sale of turf phosphorous fertilizer. 22 310.03 PROPOSED CHANGE In Subd. 3, paragraph d, delete the first sentence and insert: "Licensees shall comply with the provisions of the Minnesota Fertilizer, Soil Amendment and Plant Amendment Law, M. S. Ch. 18C, as it may be amended from time to time." REASON The cited statutes were repealed in 1989. This change will be made unless advised otherwise. 23 312.04 There are maximum fees for licenses. These are stated in the enclosed copy of SF 905, Article 15, which was enacted in the 2003 legislative session. SHOREWOOD STAFF RESPONSE No change to current city code OK $350 for retail seller in the business of only selling fireworks; and $100 for other retail sellers 7 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE 24 312.05 PROPOSED CHANGE Not Acceptable Delete the second sentence. Change as follows: REASON Delete first sentence. Replace with: The 2003 legislature amended M. S. 624.20 to add a new provision in Subd. 1 that prohibits a city from imposing on a Sales of consumer retail seller of commercial fireworks any restrictions or fireworks from conditions not imposed on the same basis on all other business temporary or non- licensees. Since the city does license transient merchants under permanent locations draft code Chapter 308, it is my opinion that the city can not must conform to the prohibit just the sale of fireworks by transient merchants. requirements of City of Shorewood Chapter Is this change acceptable? 1201.21 subd. 4d an 4e Please advise. 25 401.03 PROPOSED CHANGE OK Delete "344.601" and insert "340A.601". REASON Incorrect citation. This change will be made unless advised otherwise. . 26 403.12 PROPOSED CHANGE OK Delete "14.37" and insert "14.57". REASON Incorrect citation. This change will be made unless advised otherwise. 8 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE 27 Chapter 501 QUESTION FOR CITY Shorewood Staff to re- write Chapter 501 and Most of the nuisances contained in this chapter are also Chapter 502 into one specified in more detail in draft code Chapter 502 which combined chapter - to contains the League's model language concerning nuisances. make a New Chapter Does the city wish to retain Chapter SOl? SOl-Nuisances Please advise. 28 501.01, Subd. PROPOSED CHANGE Shorewood Staff to re- I write Chapter 501 and Delete "18.171" and insert "18.77". Chapter 502 into one combined chapter - to REASON make a New Chapter SOl-Nuisances To correct the citation. This change will be made unless advised otherwise. 29 501.01, Subd. PROPOSED CHANGE ShorewoodStaffto re- 3. write Chapter 501 and Delete the language of this section and insert: "The city may Chapter 502 into one abate this nuisance by following the procedures contained in ~ combined chapter - to 502.02." make a New Chapter SOl-Nuisances REASON Due process requires notice and opportunity for a hearing before an abatement is ordered. The League's model language inserted as draft code ~ 502.02 provides such a process. Is this change acceptable? Please advise. 30 501.03 QUESTION Shorewood Staff to re- write Chapter 501 and The language of this section is the city's language regulating Chapter 502 into one open burning from the old code. In draft code ~ 502.04, our combined chapter - to editor inserted the League's model language on this subject. make a New Chapter Does the city wish to retain its old language (and thus delete SOl-Nuisances draft code ~ 502.04), delete 501.03 and use the League's model language, or insert some combination of the two provisions. Please advise. 9 NO. SECTION PROPOSED CHANGES AND REASONS This chapter contains the League's model language dealing with nuisances. It replaces the out of date language contained in the 1987 code. Does the city wish to retain this language in the final code? If so, Chapter 501 should probably be deleted. Also, if the city wishes to use the League's model language, I would like to replace it with the more recent language contained in the enclosed 2003 Minnesota Basic Code Chapter 92, Nuisances. This more recent language contains additional noise regulations, and also takes into account the fact that except in emergencies, city employees or their agents can not enter land without the permission of the owner or having obtained an administrative search and seizure warrant. SHOREWOOD STAFF RESPONSE Shorewood Staff to re- write this chapter - To be combined with New Chapter 501. 31 Chapter 502 NOTE TO CITY Concerning the necessity for administrative search and seizure warrants, see the enclosed Cardinal Estates v. City of Morris (Minn. App. April 15, 2003, and the language in the enclosed 2003 Minnesota Basic Code ~ 10.20. . Should the League's model language be retained? If so, does the city wish to make any changes? Please advise. 10 NO. SECTION 32 Chapter 503 33 Chapter 504 PROPOSED CHANGES AND REASONS PROPOSED CHANGE Delete the contents of this chapter and insert the contents of the enclosed 2003 Minnesota Basic Code Chapter 90, Abandoned Property. REASON The language of this chapter is out of date. For example, the law permitting the immediate sale of abandoned vehicles more than 7 years old and older in ~ 503.06, Subd. 2 was repealed over ten years ago. The provisions of ~ 503.07 violate several provisions of the U. S. Constitution, etc. The provisions of draft code ~ 503.04 should be retained and incorporated into the provisions of the League's model language. Is this change acceptable? Please advise. PROPOSED CHANGE Delete this chapter. REASON The language of this chapter was based on the model tree disease ordinance required to be adopted in order to be eligible for DNR's shade tree disease grants, a program which terminated over 15 years ago. The League's model language has been inserted into the draft code at ~ 502.02, Subd. 2. Is this change acceptable, or does the city wish to retain Chapter 504 and delete draft code ~ 502.02, Subd. 2. Please advise. SHOREWOOD STAFF RESPONSE Not acceptable. The current city code will be retained, with amendments by Shorewood Staff, to comply with state statutes regarding the sale of abandoned vehicles. Change Chapter Numbers from #503 to #502 OK - DELETE THIS CHAPTER 504 ~0 _ 11 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE 34 Chapter 506 PROPOSED CHANGE OK - DELETE THIS CHAPTER 506 Delete this chapter. REASON These topics are covered in Chapter 904. See my note to draft code 9 904.06. Is this change acceptable? If not, see the notes below. Please advise. 35 506.05, Subd. PROPOSED CHANGE CHAPTER 506 . 2 DELETED In the first paragraph, delete everything after the sentence in italics, and insert. The standards are those contained in Minnesota Rules Ch 7080, Individual Sewage Treatment Systems, as they may be<amended from time to tome. Delete paragraphs a, b, c, d, and e, and alsof, Subds 1 and 2. Retain Subds 3, and 4. Delete Subd. 5. REASON The cited rules are the state standards that apply to individual sewage treattfienrsystems. A city can have more restrictive standards, and from w-nat I-can tell, the standards in the draft code are inconsistent with and less restrictive than the state standards. Every county is required by law to adopt a county- . wide ordinance regulating these systems. Installers must be licensed by the state which requires them to bonded and insured. Considerable training is also required. If the county enforces the county ordinance concerning individual sewage treatment systems, the provisions of this chapter concerning these systems should be deleted. Is this change acceptable? Or should all of the provisions of this chapter concerning these systems be deleted? Please advise. 12 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE CHAPTER 506 DELETED 36 506.06 PROPOSED CHANGES In Subd. 1, delete the definition WELL DRILLER and insert the following: WELL CONTRACTOR. A person or firm licensed by the state Department of Health as provided for by M. S. Ch. 1031, as it may be amended from time to time. Delete all of the language in Subd. 3, and insert. "All well contractors must be licensed by the state in order to drill wells in the city." In Subd. 4, delete paragraphs a through g, and insert: "The standards shall be those established by M. S. Ch. 1031, as it may be amended from time to time, and Minn. Rules Ch. 4725, Wells and Borings, as they may be amended from time to time. " Or, in the alternative, delete all of the language in this chapter relating to individual water wells. If this is done, perhaps the whole chapter should be deleted Please advise. 37 Chapter 509 QUESTION FOR CITY Does the city have a "Public Health Official", or should a more appropriate term be used. 13 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE 38 601.08 PROPOSED CHANGE OK Delete the references to specific penalties and refer to the general penalty section of the code, This change will be made unless advised otherwise. 39 Chapter 602 NOTE TO CITY The contents of this chapter appear to be the The contents of this chapter are the League's model emergency City's existing code. management language which our editor inserted to replace the older civil defense language. This model is based on current Do not use the state law. Please review it and determine whether there should League's model be any changes. emergenCYlangUag~ Please advise. 40 603.03, Subd. PROPOSED CHANGE OK Id - Delete "in an intoxicated condition or" REASON State law, M. S. ~ 340A.902, prohibits the crime of public drunkenness. This change will be made unless advised otherwise. 41 Chapter 606 QUESTION FOR CITY OK to use the Le. model curfew Our editor has inserted the League's model curfew ordinance in ordinance. this chapter instead of the language from the old code. This language conforms to recent U. S. Supreme Court decisions Note additional change concerning curfew. The reference in Subd. 9 to ~ 130.05 will be on page 41 changed to "this Chapter". Is including this language acceptable? Please advise. 42 Chapter 701 NOTE TO CITY I am enclosing 2003 Minnesota Basic Code Ch. 91, Animals, to which I make reference in the notes on this chapter. 14 ~o oo~ ~zo o~z ooo~ ~~~.. ~~Cl~ O~~S =~::Z::p.:j ooooUj:Q 00 Z o 00 < ~ ~ 00 ~ ~ ~ ~ ~ U U ~ 0 ~ p.:j 00 00 o 0 ~ ~ ~ 0 ~ g: z sa ~ u ~ 00 o z 10 o c: 10 1::"'1::) 10 tU en e 'til 0 1-0.... ~V'I 100 bOo c:...... tUO oJ::t'-- u.5 ~ ~~ o 0 en 1-0 c: 0 0:: . C;; 10 .- > > 0 e e ~Q) 10 1-0 oJ::.... ....~ t 8 ~ ~ c: ~ .- ........ "'1::)< c: '-" tUN c:~ 0...... .;:: 0'1 ~W)~ en 10 tU en "'I::) 10 .- 0 ~ 05 U ~ c: 0 en ..... ...... --0 10 en 1-0 bOtUO tU j:Q ~ 6'0:! 10 c: 0 en tU en 0 _Q)oJ:: 10 c: .... _ c: 1-0 _.- 10 ....;:g> ~ 10 10 M li3 -OoJ:: O~~ V'I ~ ...... o t'-- M ~ 1-0 1-0 cSc:o~ o ~ ;a~~C:2 ~ 10 0 Cd ~-e 0 - >. Cd .... c: C:.s:: ft ~tU bO Q)~enftO .0 0 E= "'I::) _ bO ~ tU -;sOOen . ~~.8 3~ ~o5~~~ ~ 00 < ~ c: 2 o .... - tU e cD .~ a c:~ tU 10 ~ "'I::) :0 en 10.- 1::05 .s ~ 1-0 > 10 0 ::~ e c: 10 o 1-0 en 0) li3 ~ ~6'0 tU c: ~ tU oJ::- ...."'1::) 0) 0) >'til o 10 1-0 bO ~bO g ~ ':::0) BE5 ecD ::ae.o en tU ._- ~~ 0) ~ .... ~ 10 o o tU 0) ~ tU oJ:: o cn :s cn ~ cD cn .S "'I::) tU 0) cn tU 10 P: I 0) ~ .... ~ 0) o o tU .... o Z ~ ~ @ 00 o ~ ft 0 10.- o cn c: tU Q)j:Q 1:: tU 10.... cn 0 cn 0) 0) oJ:: c: .... c: ~ .- ~~ cnM eo 100 oJ::N ...."'1::) 0) 10 .... cn 0) 0 00 "'I::) c: "'1::)0) c: 0) tUoJ:: ~ .... ~O) ~ e 0 ._ 10 r~ ~ ~,..; (ijtUU "'1::)-'-" 09:!V'I ot: -::: ~ O)t...... ~O)O'I tUcnW) 10.5 10 0"'1::)"'1::) tU C 0 P:tdU -ci .g 00 ooft ~ ...... o t'-- M ~ ~ 5 C'/) < ~ 0) 1-0 0) 1-0 ~ cS~ ~o5 etU >. oJ:: .S ~ tU c: "'I::) 0 10 cn "'I::) tU c: 0) ~ 1-0 o 10 ~oJ:: e~ .- 0 ~bO o c: bO.- C:"'I::) 0- c: frIO 0) ~ ~..g 0) 0) 05 e eo;:: .- ~ ~ 0 C"cn eoJ:: cnbO. Q)C:"'I::) ~..2..g ~ cn c: .... ~ ~ cn 0 0 0).- ~ oJ:: ~ e ~ >.- V) '1""4 0) cn .~ 0) oJ:: .... o "'I::) 0) cn .S "'I::) tU cn cn 10 i3 ~ 0) "'I::) tU e 0) .0 = .~ 0) ~ tU oJ:: o cn :E ~ NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE 45 801.01 - PROPOSED CHANGE OK (new Chapter 610.01) Add a new sentence to read as follows: "The penalty for violation of the provisions of state statutes adopted by reference in this section shall be identical with the penalty provided for in the statutes for the same offense." REASON Inclusion of this language is required by M. S. ~ 169.022. This change will be made unless advised otherwise. 46 903.03 QUESTION FOR CITY Chapter 506 deleted Certain portions of draft code Chapter 506 conflict with the CHAPTER 903 HA provisions of this section. Should Chapter 506 be deleted, or BEEN REPLACED amended to remove the regulation of private wells? See my ITS ENTIRETY BY notes to draft code Chapter 506. ORDINANCE NO. 395 Please advise. ADOPTED 7/28/03 47 903.16 PROPOSED CHANGE CHAPTER 903 REPLACED BY ORD. At the end of the provision insert "If permission to enter is NO. 395 Adopted denied, then the employee is authorized to obtain an 7/28/03 administrative search warrant to enter the premises." REASON Except in the case of an emergency and under some other . limited circumstances, a city employee should never enter private property without the permission of the owner or person in charge or after obtaining an administrative search warrant. See the enclosed Cardinal Estates v. City of Morris. Is this change acceptable? Please advise. 48 904.06 QUESTION FOR CITY (Chapter 506 has been Certain portions of draft code Chapter 506 conflict with the deleted) provisions of this section. Should Chapter 506 be deleted, or amended to remove the regulation of private sewage disposal systems? See my notes to draft code Chapter 506. Please advise. 16 NO. SECTION 49 Chapter 1001 50 1004.05 PROPOSED CHANGES AND REASONS PROPOSED CHANGE Delete the provisions of this section and replace it with the enclosed sample ordinance adopting the 2003 State Building Code. Or, in the alternative, have your building inspector advise as to what changes to be made to the language in the draft code. REASON In March the state adopted a new building code. Please advise. PROPOSED CHANGE Add a new subdivision to read: "Subd. 5. Permission of the tenant shall be requested before a rental unit is entered. If the tenant refuses to permit the inspector to enter, the inspector is authorized to obtain an administrative search warrant before making the inspection." REASON Permission of the tenant is required. See the enclosed Cardinal Estates v. City of Morris. Is this change acceptable? Please advise. 51 Chapter 1201 NOTE TO CITY In some of the notes below, I will make reference to the enclosed "Common Mistakes in Land Use Ordinances". Please see that document for more information on the issues I raise. It contains explanations of the recent legislative changes which affect the zoning chapter of the draft code. SHOREWOOD STAFF RESPONSE OK - City has adopted Ord. No. 400- Adopting the current State Building Code OK 17 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE 52 1201.02 PROPOSED CHANGE The Definition of Page 10 "Family" has been In the definition of"FAMIL Y" delete everything after "group" revised. and insert the following: "composed only of members of a common housekeeping management unit all of the members of which have common use and access to all living and eating areas, bathrooms, and food preparation and serving areas and which is based on an intentionally structured relationship providing organization and stability." REASON Court decisions prohibit limiting the number of persons in a single family dwelling, but language like the above may be used to limit unrelated individuals occupying a single family dwelling to members of a common housekeeping unit. This change will be made unless advised otherwise. 53 1201.02 PROPOSED CHANGE Not Acceptable- Page 10 No change In the definition ofDWELLING-SINGLE-F AMIL Y After the first sentence, insert "A manufactured home as defined in this section shall be considered a single family dwelling. REASON Manufactured homes are permitted uses in all districts which permit single family dwellings. They must meet any performance standards which apply to all single family dwellings. See Common Mistakes in Land Use Ordinances, point #9. Is this change acceptable? Please advise. 54 1201.03, Subd. PROPOSED CHANGE Not Acceptable- Ig. No Change Delete "the value to be determined by the City Assessor". Item continued on next a e 18 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE REASON Later in the subparagraph, the language provides for the estimate of damage to be made by the Building Official. Fair market value is determined by what a willing buyer and a willing seller would pay, not an arbitrary amount established by a city official. That value mayor not be the "taxable value". If necessary, the city and the building owner should obtain appraisals and bring them to the city council which would make a determination of value subject to appeal to district court. Findings should be made to justify the decision. Is this change acceptable? Please advise. 55 1201.03Subd. PROPOSED CHANGE OK 1h. page 25 Delete "90 days" and insert "more than one year". REASON See Common Mistakes in Land Use Ordinances, point # 7. Since this change is made to comply with state law, the change will be made unless advised otherwise. 56 1201.03, Subd NOTE TO CITY Insert the date: 11 May 28, 1985 page 26 Rather than saying "the effective date of this chapter" which will be the date the new code is adopted", the date this language was enacted should be inserted. 57 1201.03, Subd, PROPOSED CHANGE OK 11 b(1)( d) page 63 Delete the first sentence. Delete "90 days" and insert" 1 00 Also - remove sign fee days" . and refer to 1301. 02 fee schedule. REASON The city may not regulate the size or content of political signs. The city should also be aware that state election law, M. S. 9 Item continued on next a e... 19 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE 211B.045, provides: "All non-commercial signs of any size may be posted from August 1 in a state general election year or municipal election year until ten days following the election". The 90 day provision conflicts with this law. Are these changes acceptable? Please advise. 58 1201.03, Subd. PROPOSED CHANGE EDIT this section to 11 d (2) on reference the statute: page 66 Delete this section (2) " . . , by state statutes REASON 462.357 subd. 1C, s be ,.. Amortization of non-conforming uses is not permitted by law. See Common Mistakes in Land Use Ordinances, point 7. Is this change acceptable? Please advise. 59 1201.04, Subd PROPOSED CHANGE Not acceptable- la, on page 87 Do not change At the end ofa insert the language from the enclosed SUGGESTED LANGUAGE IMPLEMENTING THE 2003 Do Change: LEGISLATIVE CHANGES IN THE 60 DAY RULE, Section Subd. 1.a. - change 2, paragraph (B) regarding disputes over fees. This language is "resolution" to . found after point #11 in Common Mistakes in Land Use "ordinance" Ordinances. REASON To comply with recent legislative changes to M. S. 9 15.99. A copy of that legislation is at the end of the enclosed memo Common Mistakes in Land Use Ordinances. Is this change acceptable? Please advise. 20 NO. SECTION PROPOSED CHANGES AND REASONS 60 1201.04, Subd. PROPOSED CHANGE 1 b on page 87 At the end of b insert the language from the enclosed SUGGESTED LANGUAGE, Section 2, Applications, which immediately follows point #11 in the Common Mistakes in Land Use Ordinances. REASON By law, the city has only 15 days after receipt to reject an application, otherwise by law it is deemed complete. See Common Mistakes in Land Use Ordinances, point #1. Is this change acceptable? Please advise. 61 1201.04, Subd. PROPOSED CHANGE 1 e on page 89 Delete the language in e and insert the language from Sections 3 and 4 from the enclosed SUGGESTED LANGUAGE". REASON This places the time lines required to be followed in the text of the zoning chapter in a location where they are likely to be found. There may be a better place to insert these. Are these changes acceptable? Please advise. SHOREWOOD STAFF RESPONSE OK NOT ACCEPTABLE DELETE ONLY THE FOLLOWING FROM THE EXISTING: "or within 60 days of the opening of the public hearing by the Planning Commission," SEE NEXT ITEM BELOW 21 NO. SECTION PROPOSED CHANGES AND REASONS 62 1201.05, Subd. PROPOSED CHANGE 3 d (3) page 97 Delete "within 60 days of the opening of the public hearing". REASON This time line would not comply with the "60 Day Rule". See the enclosed Common Mistakes in Land Use point #1. Is this change acceptable? Please advise. 63 1201.05, Subd. PROPOSED CHANGE 3e Delete the language in this section and insert the following: "e. Time lines. The time lines for considering the request are those found in ~ 1201.04, Subd.l e." REASON To comply with the "60 Day Rule". Is this change acceptable? Please advise. SHOREWOOD STAFF RESPONSE OK NOT ACCEPTABLE DELETE ONLY TA FOLLOWING FROr!!' THE EXISTING: "or within 60 days of the opening of the public hearing by the Planning Commission," SEE NEXT ITEM No. S-18 BELOW The city has a very elaborate method for reviewing planned unit developments. An application for a PUD, like all other zoning applications, is subject to the 60 Day Rule. They city may wish to review this chapter in the future and make sure that decisions can be and are made within the time frame established by that rule. See Common Mistakes in Land Use Ordinances, point #1. 22 NO. SECTION PROPOSED CHANGES AND REASONS SHOREWOOD STAFF RESPONSE 65 Chapter 13 0 1 NOTE TO CITY Fees will be adopted by Ordinance. I advise my codification clients to adopt fees by ordinance rather than by resolution. Many cities do this once a year, but do not codify the ordinance. The reason is that ordinances are enforceable, resolutions are not. Land use fees must be adopted by ordinance. It is not sufficient to authorize by ordinance the adoption of fees by resolution. See Common Mistakes in Land Use Ordinances, point # 8 for a full discussion ofland use fees. . . 23 . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator O~ November 18, 2004 City's 2005 Budget for SLMPD Funding As you may recall, the. South Lake Minnetonka Police Department developed several scenarios for its proposed 2005 budget. These scenarios were prepared to help the member city councils understand what level of service they would likely receive for the amount of funding they would authorize for next year. The SLMPD Coordinating Committee endorsed a budget that required a 4.1 percent increase over the budget (and city contributions) it recommended for 2004. Under this budget, sometimes referred to as "the budget made whole", all cities would receive the same service; there would be no need to consider Level I and Level Iltiers of service. Most scenarios assumed that the authorized funding would fall short of that recommended by the Coordinating Committee. As it turned out, the Excelsior City Council approved a 4.1 percent increase above its 2004 contribution. The $416,400 authorized is approximately $26,000 below the Coordinating Committee's recommended amount for 2005. Shorewood's Current Proposed Bud2et: Under the Coordinating Committee's proposed budget, Shorewood's 2005 contribution would be approximately $690,000. With the assumption that Excelsior would make no increase for the 2005 contribution, Shorewood's cost to continue 2004's Level II service into 2005 - a 2.0 percent SLMPD budget increase - would be approximately $698,000. Consequently, the Council agreed that $700,000 would be included in the City's 2005 proposed budget. Generally, while the Council hoped that all cities would honor the proposed contributions, it did not want to pay for services added to 2004' s Level II. To fully implement the overall 4.1 percent increase, the program preferred by the Coordinating Committee, Shorewood's 2005 contribution would need to be approximately $718,000 ($717,861, to be exact). In terms of the resources available to the Department, this additional funding would provide partial restoration of a part-time administrative support position and restore some funding to the vehicle replacement schedule. At this time, the cities of Greenwood and Tonka Bay have included this higher - 4.1 percent SLMPD increase -amount in their respective proposed budgets. In essence, these cities and Shorewood would be funding the additional monies to expand (some would say, restore) the service in 2005, rather than continuing the same Level II service they paid for in 2004. ft ~J PRINTED ON RECYCLED PAPER q City Contribution to 2005 SLMPD Operations November 22, 2004, City Council Meeting Page Two To put it in a summary table: Shorewood Required Contribution Level II Contribution Level II Expanded 2004 $623,729 $662,952 2005 $649,302 $697,762 $717,861 The difference in the continuation of Level II in 2005 and the expanded Level II is Shorewood's pro- ration of the $26,600 shortfall in the amount authorized by the Excelsior City Council. Coordinatin!! Committee Activitv: At its September 16 meeting, the CoordinatIng Committee authorized continuation of membership in the Southwest Drug Task Force. The Coordinating Committee stated that the $8,400 dues, which in 2004 were paid by a one-time donation ofthe Crime Prevention Fund and were not included in costs for Level I or Level II services, would be included in . both Level I and TI services in 2005. At its meeting on November 30, the Coordinating Committee will identify what services will be provided under Level I and Level II. These definitions of service will be important as the member city councils set their official budgets in December. The Coordinating Committee will also receive and consider a proposal by the Operating Committee (i.e., the city manager/administrators) on a process to address the issues among the cities regarding the SLMPD. Clarification/Direction: The cities of Shorewood, Greenwood, and Tonka Bay agreed to arrange for additional services from SLMPD with the funds they had authorized to fulfill the Coordinating Committee's recommended 2004 budget. Presumably, the 2005 Level II service would also be identified on what these three cities would contribute to SLMPD. The circumstances appear to be . different, however, as Shorewood is currently planning a continued Level II service ("the 2.0 percent increase"), and Greenwood and Tonka Bay are planning an expanded Level TI service ("the 4.1 percent increase"). The Shorewood City Council could choose to fund the expanded Level II service (Level II~?) when finally adopting the City's 2005 budget. Most likely, it would require a reduction in the transfers to capital funds currently proposed for 2005, or a use of funds in the balance of the General Fund. As the Coordinating Committee will be setting its service offerings on November 30, it will be helpful to Shorewood's representative and the whole Committee to know what to expect Shorewood's contribution will be in 2005. While there will be a Level I, there will likely be confusion regarding what can be in Level II, or whether there will also be a Level TIe. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . DATE: . Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public W orks ~ November 18,2004 TO: FROM: RE: Radission Road - Setting Date for Public Information Meeting At the November 8th, CityCouncilmeeting, Chuck Rickart presented alternatives to address safety issues on Radission Road. Atthat meeting, it was suggested that an open house be scheduled for residents along Radission- Read. Attachment 1 is a notice that has been prepared by WSB and Associates. Staff is recommending the date of the public information meeting be set on December 2nd, 2004, at 6:30 p.m., at the Shorewood City Hall. A simple motion, by the City Council, is appropriate to schedule this meeting. . ~ #/OA ft '0.4) PRINTED ON RECYCLED PAPER Public Information Open House Radisson Road . Christmas Lake Road to Covington Road Thursday, December 2nd, 2004 6:30 p.m. Shorewood City Hall The purpose of the open house will be to discuss a draft safety and operations study completed for Radisson Road. Your input on the alternatives is requested prior to completing the study. A short presentation with questions and answers will begin at 7 :00 p.m. Representatives from the::City and the City's engineering consultant win be available beginning at 6:30 to discuss the project. - , CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD- SHOREWOOD, MINNESOTA 55331-8927 - (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works . DATE: November 18,2004 RE: Timber Lane Watermain Improvement Project Declaration of Adequacy of Petition The City of Shorwood has previously prepared a feasibility study for the extension of city water along Timber Lane, from the intersection of County Road 19 and Timber Lane, to the cul-de-sac. This was based upon a petition from a portion of the residents who own property adjacent to Timber Lane. Attachment 1 is.a site location map for the project. An open house meeting was conducted on July 21,2004, atthe Shorewood City Hall, to receive comments and attempt to obtain consensus regarding the installation of the watermain. Attendance at the meeting was low, and feedback received was minimal. . Therefore, Staff mailed each of the 9 affected property owners a formal petition form for local improvement and stated that the petition forms had to be returned to the City by October 29th, 2004 for the City to move forward with the project. The City is in receipt of 7 petition forms requesting the improvement and waiving their right to appeal an assessment for the improvement. Under Minnesota State Statute 429.031 Subd 1(t), (refer Attachment 3) The [public] hearing may be adjourned from time to time, and a resolution ordering the improvement may be adopted at any time within six months after the date of the hearing by vote of a majority of all members of the council when the improvement has been petitioned for by the owners of not less than 35 percent in frontage of the real property abutting on the streets named in the petition as the location of the improvement. In this instance, the City has received petitions from 7 property owners, which exceeds the statutory requirement of35 percent of the frontage along the project. (refer to Attachments 4-10). Under City Ordinance 397 (refer to Attachment 11); #. 't-J PRINTED ON RECYCLED PAPER :#105 Mayor and City Council Timber Lane Watermain Project Declaration of Adequacy of Petition November 18,2004 Page 2 of2 (3) Sixty-seven Percent Petition. By a petition signed by the owners of not less than sixty-seven percent (67%) of the lots or parcels abutting on the streets named as the location of the improvement. Upon receipt of a petition of 67% of such owners, the City Council must determine that it has been signed by 67% of such owners. After making this determination, a feasibility report shall be undertaken and a public hearing shall be scheduled to consider the project. If an improvement is ordered, benefiting properties shall be assessed pursuant to the procedures set forth in Minnesota Statutes 429; Based upon the requirements of both the statutory and City Ordinance, the petitions received are adequate to move forward with the preparation of plans, specifications, and engineers estimate. Once plans have been prepared, a public hearing will be scheduled for the improvement. Feedback received from a few of the residents along Timber Lane indicate that it would be best to hold off on conducting the public hearing until the spring of2005, as a portion of the residents have headed .. south for the winter season. Recommendation: Staff is recommending approval of the resolution that declares the Adequacy of Petition for the Timber Lane Watermain Project. A resolution is attached for your consideration. . . . CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION DECLARING THE ADEQUACY OF A PETITION FOR THE EXTENSION OF MUNICIPAL WATER SERVICE ON TIMBER LANE WHEREAS, the City of Shorewood is in receipt of a petition (petition) requesting that the City allow the watermain to be extended to the petitioners' property; and WHEREAS, the names of those petitioners and their associated locations are as follows: Tom & Nancy Henke. ...... ....... .... .......... .................. Steven & Diana Haskins .......................................... Hans Schaub... .. . . ..... .......:..................................... Nancy Erickson. ........ ............................................. Peter Wattson & J 0 Berger...................................... Richard Tradewell ..... ................................ ............. Lucille Goodwyne...... ............................................. 5435 Timber Lane 5455 Timber Lane 5465 Timber Lane 5485 Timber Lane 5495 Timber Lane 5515 Timber Lane 5525 Timber Lane WHEREAS, the City has reviewed the Petition and identified the owners of the real properties named in the Petition and has determined that the Petition has been duly executed by the owners of 78% of real property affected by the Improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Petition received is hereby declared to have been signed by the owners of 78% of the real properties named in the petition as the location of the Improvement, and meets the requirements of Minnesota State Statute 429 and City Ordinance 397. 2. The Petition is hereby referred to the City Engineer for the preparation of Plans, Specifications and Engineer's Estimate. ADOPTED BY THE CITY COUNCa of the City of Shore wood this 22nd day of November, 2004. WOODY LOVE, MAYOR A TrEST: CRAIG DAWSON, CITY ADMINISTRATOR/CLERK GfDEON'S,,~A Y C':~~""""", ,. ,.... ..,. \ \ ~":,: / \ \""~;;:":;:"~:_~".:../ FROG 'iSlAND , , , , , , .. , .. I' I' , , , , , , , , , , , , , ATTACHMENT 1 SITE LOCATION MAP c: Cl "0 .n o I g' '" III o OJ .... '" CO CO , I V "- o o '" ; E I LOTS TO BE ASSESSED 1.- I o 100 200 w z ~ c o ~ w 0:: o I: en N RO~O S~~ I 1 .... 4150 Olson Memorial Highway ... Suite 300 IAf~B MinneapoUs,MN 55422 ".;;JJ _'-4800 FAX 763-541.1700 ASSESMENT MAP Timber Lane Watermain Improvements Shorewood, Minnesota WSB Project No, 01074-88 Date: April, 2004 cl AIIII1CkIIu. 'Ill:. .1~latf:'Jo."":"II"I'I:...__....~(etl~I;a:a:"""""':lm~lL1r.1:fr.'" ATTACHMENT 2 429.031 Preliminary plans, hearings. Subdivision 1. Preparation of plans, notice of hearing. (a) Before the municipality awards a contract for an improvement or orders it made by day labor, or before the municipality may assess any portion of the cost of an improvement to be made under a cooperative agreement with the state or another political subdivision for sharing the cost of making the improvement, the council shall hold a public hearing on the proposed improvement following two publications in the newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, the estimated cost, and the area proposed to be assessed. The two publications must be a week apart, and the hearing must be at least three days after the second publication. Not less than ten days before the hearing, notice of the hearing must also be mailed to the owner of each parcel within the area proposed to be assessed and must contain a statement that a reasonable estimate of the impact of the assessment will be available at the hearing, but failure to give mailed notice or any defects in the notice does not invalidate the proceedings. For the purpose of giving mailed notice, owners are those shown as owners on the records of the county auditor or, in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer; but other appropriate records may be used for this purpose. For properties that are tax exempt or subject to taxation on a gross earnings basis and are not listed on the records of the county auditor or the county treasurer, the owners may be ascertained by any practicable means, and mailed notice. must be given them as provided in this subdivision. (b) Before the adoption of a resolution ordering the improvement, the council shall secure from the city engineer or some other competent person of its selection a report advising it in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement. The report must also include the estimated cost of the improvement as recommended. A reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected parcels, must be available at the hearing. No error or omission in the report invalidates the proceeding unless it materially prejudices the interests of an owner. (c) If the report is not prepared by an employee of a municipality, the compensation for preparing the report under this subdivision must be based on the following factors: (1) the time and labor required; . (2) the experience and knowledge of the preparer; (3) the complexity and novelty of the problems involved; and (4) the extent of the responsibilities assumed. (d) The compensation must not be based primarily on a percentage of the estimated cost of the improvement. Attachment 3 (e) The council may also take other steps prior to the hearing, including, among other things, the preparation of plans and specifications and the advertisement for bids that will in its judgment provide helpful information in determining the desirability and feasibility of the improvement. (t) The hearing may be adjourned from time to time, and a resolution ordering the improvement may be adopted at any time within six months after the date of the hearing by vote of a majority of all members of the council when the improvement has been petitioned for by the owners of not less than 35 percent in frontage of the real property abutting on the streets named in the petition as the location of the improvement. When there has been no such petition, the resolution may be adopted only by vote of four-fifths of all members of the council; provided that if the mayor of the municipality is a member of the council but has no vote or votes only in case of a tie, the mayor is not deemed to be a member for the purpose of determining a four-fifths majority vote. (g) The resolution ordering the improvement may reduce, but not increase, the extent of the improvement as stated in the notice of hearing. . . CitY of Shorewood State of Minnesota /0-/6 -bY . C-', Uu(~ BY1)W ~ PETITION FOR LOCAL IMPROVEMENT To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: Installation of municipal water service on Timber Lane. . EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSL Y WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereoflevied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name of Owner Description of Property 1. jO-!fr/)'L ~~rII~.t= J.uulk G'~1hA-- s-s~ ,$lu".tJ.Al'J1rz1~ . 2. 3. 4. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. ~TTA(.;1Il\tIENT4 Craig Dawson, City Cler PETITION FORM City of Shorewood State of Minnesota PETITION FOR LOCAL IMPROVEMENT ~~, ,2004 To the City Council of Shorewood, Minnesota: ~ THE U7!t~D OWNERS of the real property described as: ~'rrz;,~n 'JI2AD~w~(J 55" /5" '(Tmh~/Z. Lt4w/Z- Sh.lJ/2~(..JCJC> JJ I Y11rJ ss:? 3/ , . hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: . Installation of municipal water service on Timber Lane. EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSL Y WAIVES OBJECTION to any irregularity with regard to the making ofthe improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date ~.Si a:2U Pri!1t.Name of~er Description of Property 1~:r&-I!#-,h.1-J S~ IS T'VH/3.t;Je. 1-.~z"..,fL . 1. r,yl'l C;t..~ ~t+/)fj;<.JGlf .5Ju"'<:.<N.mJ, M1~ 2. 3. 4. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk ATTACHMENT 5 PETITION FOR:tY.1 I RECEIVED -I ij City of Shorewood State of Minnesota '. PETITION FOR LOCAL IMPROVEMENT (?~~( ( (j C T ,~ k:; ;:."' :,'" CITY OF SHOREWOOD 200 To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: 5'14':>' -r;'rI1b.f2(- L-.z.~ 511 Ule-WOO" ))/fN ~~ / I hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: Installation of municipal water service on Timber Lane. . EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to. any irregularity with regard to the making of the improvement or assessment ofthe.cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date. Signature of Owner Print Name of Owner Description of Property 1. /t/Jd{ ~ ~ ?cl::!" S, L~~1 laUCH 4> f!y '0 - ::1. iZ ~!J'-f :5"'1"5)" /;-l)I.~( f.e,-J-7t.G-- . 2. I, i. " 3. 4. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk ATTACHMENT 6 PETITION.FORM City of Shorewood State of Minnesota PETITION FOR LOCAL IMPROVEMENT Oc.r. 'J.1 .....,0 To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: ) S'li5 7TH8ER LAAlE.. (LOT G>. 7/M8ER LAAlE hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public . improvements: Installation of municipal water service on Timber Lane. EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSL YW AlVES OBJECTION to any irregularity with regard to the . .~.j:., q.:Z;~ making of the improvement or assessment of the cost thereof; waives any claini tlfa'f the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date sjpa.ture of O. .~~r ~Print Name of Owner Description of Property phf4# (),,~ OPIJALP tJ .elflCl(S(J~ . . 1. I~J"110'/~~~ /oIItVc.t B. tK/C~ S'1VS 7!Mqt:R Lt'rNE:. 2. 3. . ;;" .:.~~;j.. , ...."::..~.,1. :-.'~ <r><: -"~\ .-,t.:.\ " ... .;.. , I ," "~.r f .;~~_.'. ..... . ",' :'. '. 4. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk ATTACHMENT 7 PETITION FORM RECEIVED s :.:~~) )::: ,~} PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota S~ 20, C.ITY OF SHOREWOOD , ~VV"'T To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: ,Sy ~S/flrv18E~ 1 ANe_ S-l-lc>~cWCOp ., 1"1N 55331 . hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: Installation of municipal water service on Timber Lane. . EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereoflevied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name of Owner Description of Property 1. 'l.Z.*h -1!Al\iSJ.5c-HMB Sllk; ~I3BG LMSE' . 2. 3. _ 4. Examined, checked, and found to be in proper form and to be signed by the owners of the above~stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk ATTACHM:ENT 8 PETITION FORM City of Shorewood State of Minnesota PETITION FOR LOCAL IMPROVEMENT C':;~ ;- "'0/ YIt . 2004 hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public . improvements: Installation of municipal water service on Timber Lane. EACH OWNER FURTHER AGREES, in consideration ofthe City action at our request to cause construction ofthe above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. . OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name of Owner Description of Property · J~j)~ S~a- /I~lwL 1. I/IW/lhJ~ ,.jl'~T ;j;)~ ~ 2. 3. 4. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk ATTACHM:ENT 9 PETITION FORM RECEIVED PETITION FOR LOCAL IMPROVEMENT .C: l:IJ 6} t) ?n/"'4 ...,1._ hi" ,-U.l City of Shorewood State of Minnesota 9-2'1 1ft' OF SHOREWOOD To the City Council of Shorewood, Minnesota: WE THE UNDERSIGNED OWNERS of the real property described as: l'5ZJJ tJ) 7Jmblr LrJ j l7ortYJf)OtJ . . hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: Installation of municipal water service on Timber Lane. . EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereoflevied against owne:r's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Print Name of Owner Description of Property 40/ fltntL .~4ia I 5Z/?J5 I1mber t.n r:c- ~~ ~ <' . Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property by the making of the improvement petitioned for. Craig Dawson, City Clerk ATTACHMENT 10 PETITION FORM I 'J 903.18 WATER IMPROVEMENT PROCESS Subd. 1. Scope and Purpose: The purpose of this subsection is to supplement the requirements of State law, to provide for the methods to initiate a water improvement, and to authorize the formulation of policies relating to allocating the costs for such public improvements. Subd. 2. Special Assessment Procedure: a. Initiating the Improvement: Improvement proceedings may be initiated in anyone (1) of the following four (4) ways: (1) One Hundred Percent Petition. By a petition signed by one hundred percent (100%) of the owners of real property abutting any street named as the location of the improvement. Upon receipt of a petition of 100% of the abutting property owners, the City Council must determine that it has been signed by 100% of the owners of the affected property. After making this determination, a feasibility report shall be undertaken and the project may be ordered without a public hearing, pursuant to the procedures set forth in Minnesota Statutes 429; or . (2) Thirty-five Percent Petition. By a petition signed by the owners of not less than thirty-five percent (35%) of the frontage of the real property abutting on the streets named as the location of the improvement, when said property owners are willing to pay the entire cost of the improvement. Upon receipt of a petition of 35% of the owners of abutting frontage, the City Council must determine that it has been signed by 35% of such owners. After making this determination, a feasibility report shall be undertaken and a public hearing shall be scheduled to consider the project, pursuant to the procedures set forth in Minnesota Statutes 429; or . (3) Sixty-seven Percent Petition. By a petition signed by the owners of not less than sixty- seven percent (67%) of the lots or parcels abutting on the streets named as the location of the improvement. Upon receipt of a petition of 67% of such owners, the City Council must determine that it has been signed by 67% of such owners. After making this determination, a feasibility report shall be undertaken and a public hearing shall be scheduled to consider the project. If an improvement is ordered, benefiting properties shall be assessed pursuant to the procedures set forth in Minnesota Statutes 429; or (4) By the initiative of the City Council. If the City Council determines to order an improvement, a feasibility report, as set forth in c. below, shall be undertaken and a public hearing shall be scheduled to consider the project. A simple majority vote of the City Council is needed to start the proceedings. If an improvement is ordered, benefiting properties shall be assessed pursuant to the procedures set forth in Minnesota Statutes 429 b. Petitions. Not later than the time a petition is considered for acceptance by the City Council pursuant to a.(1)-(3) above, the petitioners shall have executed and delivered to the City an agreement whereby the petitioners agree to pay the cost of the improvement as defined in the agreement and agree not to contest or challenge either the assessment process or the amount to be assessed. The petition shall include an agreement that the cost of preparing the feasibility report shall be paid by the petitioners in the event the improvement is determined not to be feasible. Failure to pay for the feasibility report shall result in the costs being assessed against the properties of the petitioners. ATTACHMENT 11 c. Preparing the Feasibility Study: An improvement project which is initiated by action of the City Council or by a 35% or 67% petition, as set forth in a.(2) and (3) above, may be ordered only after a public hearing. Prior to adopting a resolution calling a public hearing on an improvement, the Council must secure from the City Engineer a report advising it in a preliminary way as to: (1) Whether the proposed improvement is feasible; (2) Whether the proposed improvement is consistent with Capital Improvement Planning; (3) Whether the improvement should be made as proposed or in connection with some other improvement; (4) The estimated cost of the improvement; (5) A proposed project schedule; and (6) Any other information thought pertinent and necessary for complete Council consideration. c. Holding a Public Hearing on the Improvement: Improvement projects which are initiated by a 100% petition may be ordered by the City Council without a public hearing if the City Council determines the project may be undertaken without unreasonable changes to the Capital Improvements Program or the- petitioning property owners agree to pay 100% of the cost of the improvements. In the case ofa Council-initiated project or petition of less than 100% of abutting property owners, the Council must adopt a resolution calling a public hearing on the improvement project for which mailed and published notices of the hearing must be given. the notice of public hearing must include the following information: . (1) The time and place of hearing; (2) The general nature of the improvements; (3) The estimated cost; and . (4) The area proposed to be assessed. Not less than ten (10) days before the hearing the notice of hearing must be mailed to the owner of each parcel in the area proposed to be assessed. The notice of public hearing must be published in the City's legal newspaper at least twice, each publication being at least one week apart, with the last publication at least three (3) days prior to the hearing. At the public hearing, the contents of the feasibility study will be presented and discussed with the intent of giving all interested parties an opportunity to be heard and their views expressed. Following a public hearing a resolution ordering the improvement may be adopted at any time within six (6) months after the date of the hearing by a four-fifths (4/5) vote of the City Council, unless the project was initiated by a 35% petition or a 67% petition in which event it may be adopted by a majority vote. At this time a special assessment is considered to be "pending" for all assessable properties in the improvement area. . . CITY OF SHOREWOOD RESOLUTION NO. 04-_ A RESOLUTION DECLARING THE ADEQUACY OF A PETITION FOR THE EXTENSION OF MUNICIPAL WATER SERVICE ON TIMBER LANE WHEREAS, the City of Shorewood is in receipt of a petition (Petition) requesting that the City allow the watermain to be extended to the petitioners' property; and WHEREAS, the names of those petitioners and their associated locations are as follows: Tom & Nancy Henke....... ...............................................5435 Timber Lane Steven & Diana Haskins. ............................................... 5455 Timber Lane Hans Schaub....... ........... ............................................... 5465 Timber Lane Nancy Erickson.... .......... ............................................... 5485 Timber Lane Peter Wattson & Jo Berger.............................................. 5495 Timber Lane Richard Tradewell........... ............... ....... ........... ........ ...... 5515 Timber Lane Lucille Goodwyne ........... ............................................... 5525 Timber Lane WHEREAS, the City has reviewed the Petition and identified the owners of the real properties named in the Petition and has determined that the Petition has been duly executed by the owners of 78 % of real property affected by the Improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Petition received is hereby declared to have been signed by the owners of 78% of the real properties named in the petition as the location of the Improvement, and meets the requirements of Minnesota State Statute 429 and City Ordinance 397. 2. The Petition is hereby referred to the City Engineer for the preparation of Plans, Specifications and Engineer's Estimate. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22nd day of November, 2004. WOODY LOVE, MAYOR ATTEST: CRAIG DAWSON, CITY ADMINISTRATOR CITY OF SHOREWOOD CITY COUNCIL MEETING NOVEMBER 22, 2004 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1:.t >: 2. 3. 4. 5. 6. 7. 8. 9. 10.