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" r -, I ~. i j; ~ - r r, , .' ~ .'~ ....... ~.. ~~l " MAYOR Barb Brancel COUNC) L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY cr . SHOREWOOD CITY COUNCIL MEETING MONDAY, FEBRUARY 28, 1994 EXECUTIVE SESSION: The meeting will begin in Executive Session at 7: 00 p.m. in the Conference Room to continue the City Administrator's review. If you feel additional time is needed, you might consider announcing at the regular meeting that you will be convening in Executive Session after the regular Council meeting rather than meeting for the Work Session. AGENDA ITEM #3A: This resolution requires a four-fifths vote and grants a three foot setback variance to John Einhorn at 5580 Howards Point Road. AGENDA ITEM #3B: The appellant asks to keep his dump truck on his property until May 1st. This is 30 days longer than the typical extension granted by the Council. Staff recommends that the truck not be allowed to use Church Road until such time as it is removed, but no later than May 1st. AGENDA ITEM #3C: The owner proposes to evict the current tenants at 25725 Eureka Way and then correct zoning and nuisance violations by March 14th. Staff recommends that Ms. Tessier be given until March 28th to comply. AGENDA ITEM #3D: A similar resolution to this was adopted last year.. This year they are proclaiming March 6-13, 1994 as "Volunteers of America Week". AGENDA ITEM #3 E: This motion would set the annual Community Development Block Grant program public hearing for 7:15 p.m. at the Monday, March 14, 1994 Council meeting. AGENDA ITEM #3F: Residents have requested that the City authorize placement of street lights on Lawtonka Drive, only one of which meets the City's street light placement criteria. Staff recommends approval of one light at the end of the cul-de-sac street. A Residential Community on Lake Minnetonka's South Shore . ; EXECUTIVE SUMMARY - COUNCIL MEETING FEBRUARY 28, 1994 PAGE 2 OF 3 AGENDA ITEM #3G: This resolution requires a four-fifths vote and approves a lot area variance of 4,500 square feet and a simple subdivision (two lots) for Greg Erickson at 5290 Howards Point Road. AGENDA ITEM #4: Public hearing at 7:30 p.m. At the public hearing we will briefly explain the proposed project and how it is proposed to be financed. Enclosed in the packet is a schedule of paYments. Options to the property owners would be to pay the total amount (approximately $550) up front, or spread it out on the quarterly utility bill over a 15 year period at approximately $13.67 per quarter. This is based on an initial expenditure of $50,000 at an interest rate of 6%. Cost would be spread over 93 properties on the Islands in Shorewood which are built on or are developable. The three actions are: A - Consider a resolution amending the Capital Improvement Program and the Capital Budget; , B Consider a resolution accepting the quotes for the project; and C - Adopt an ordinance establishing the water utility district which allows the fee to be charged on the quarterly utility bill. Once final costs are in from installation of the hydrants, that final figure would be divided by the 93 properties to determine a final per parcel cost. This would then be established later by resolution. AGENDA ITEM #5: Please brinq alonq the booklet presented at the last Council meetinq concerninq the South Shore Senior Center. The Task Force will again be returning to answer any questions you may have. They are asking the Council to take action to begin the process of drafting j oint powers of agreements for the senior center. AGENDA ITEM #6: At the suggestion of Brentridge Drive and Howards Point Road area residents, a street light has been proposed for the intersection of Smi thtown Road and Howards Point Road. Staff advises that this location is consistent with current street light policy. Residents within 500 feet of the intersection have been notified that this matter will be considered on February 28th. AGENDA ITEM #7: 412 Silverwood Park area residents should have received the mailing with maps and the survey by Saturday, February 19th. We have asked they to review and comment by Monday, February 28th. We will make those comments available to you at the meeting. .. . , EXECUTIVE SUMMARY - COUNCIL MEETING FEBRUARY 28, 1994 PAGE 3 OF 3 AGENDA ITEM #7A1: steven Dzurakwill be present at the meeting with the Park Commission input and any comments received through the survey. The Council will be asked to consider approving the landscaping plan and accepting the Silverwood Park plan. Some residents of the area have petitioned that platform tennis be made available. The Commission is considering that recommendation which could be added at some point. However, because of their concern for timing the Park Commission is recommending that the site plan, landscaping plan and playground equipment recommendation be approved Monday evening. The plan can be amended later, adding platform tennis, following thorough review. AGENDA ITEM #7B: The Commission met Wednesday, February 23, 1994 with three different playground equipment companies. At this point they are not ready to make a recommendation on the Freeman Park South playground equipment. They will be ready to make a recommendation on the Silverwood Park playground equipment Monday evening. The revised budget for Sil verwood Park is in your packet. It includes $30,000 for the playground equipment purchase. The Park Commission hopes to have Articles of Incorporation for a Park Foundation for Council consideration at their March 14, 1994 meeting. It is to the advantage to everyone to have the Foundation, rather than the City, purchase the equipment. Therefore, the Council may wish to authorize the purchase of the equipment. Should the Foundation be incorporated in a timely basis, such that it can purchase the equipment, the authorization should include donation of the City funds to the Foundation. Their first action then would be to purchase the equipment. AGENDA ITEM #8A: This resolution approves a very simple subdivision for Jack Duda at 20845 Idlewild Path. Two lots will result. The Planning Commission and staff recommend approval. AGENDA ITEM #8B: The Planning commission and staff recommend approval of a two-lot subdivision at 5360 Vine Hill Road. The lots, proposed by Warren McCurdy, will share a common driveway. **** WORK SESSION: The Work Session is placed on the Agenda, and should take place only if there is time permitting. .. . CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, FEBRUARY 14, 1994 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CONVENE EXECUTIVE SESSION The meeting was called to order by Mayor Brancel at 7:00 p.m. Roll Call Present: Mayor Brancel; Councilmembers Daugherty, and Lewis; Administrator Hurm, and Acting Attorney Larry Martin. Councilmembers Stover and Benson Absent: J. Hurm reviewed the proposed AFSCME union contract. ADJOURNMENT TO THE REGULAR MEETING Mayor Brancel adjourned the meeting at 7: 15 p.m. Motion passed 3/0. RECONVENED EXECUTIVE SESSION The Council reconvened in executive session at 9:20 p.m. Roll Call Present: Mayor Brancel; Councilmembers Daugherty, and Lewis; Administrator Hurm, and Acting Attorney Larry Martin. Councilmembers Stover and Benson Absent: There was general discussion regarding the Administrator's review. Council members agreed to continue discussion at the next scheduled meeting. ADJOURN Mayor Brancel adjourned the meeting at 10: 15 p.m. ATTEST: BARBARAJ.BRANCEL,MAYOR JAMES C. HURM, CITY ADMINISTRATOR 1 . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 14, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:15 p.m. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Brancel reconvened the regular Council meeting from an Executive Session at 7: 15 p.m. A. Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Councilmembers Daugherty and Lewis; Administrator Hurm, Engineer Dresel, Acting Attorney Martin, and Planning Director Nielsen. Absent: Councilmembers Benson and Stover. C. Review Agenda Lewis moved, Daugherty seconded to approve the Agenda for February 14, 1994, with postponement of Consent Agenda Item 3.A., cancellation of Agenda Item 5, and addition of an Executive Session to discuss the Administrator's performance. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - January 24, 1994 Daugherty moved, Lewis seconded to approve the City Council Meeting Minutes of January 24, 1994, with a correction on Page 2, line 3 of the first full paragraph: delete over the last quarter of and replace with durin2. Motion passed 3/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for February 14, 1994. Daugherty moved, Lewis seconded to approve the Consent Agenda and to adopt the Motions and Resolutions contained therein: A. Resolution Approving a Setback Variance. John Einhorn, 5580 Howard's Point Road. POSTPONED. B. Motion to Approve Lake Minnetonka Half Marathon to Traverse Through City-May 1, 1994. ~ REGULAR CITY COUNCIL MINUTES FEBRUARY 14, 1994 - PAGE 2 C. RESOLUTION NO. 94-17 "A Resolution Approving Single Temporary Gambling Licenses. " D. Motion to Approve Change Order #2 for the Season's Elderly Housing Project #93- 2. E. Motion to Approve Extension to May 15, 1994 of Notice to Remove. Rick Haun, 28100 Boulder Bridge Drive. F. RESOLUTION NO. 94-18 "A Resolution Approving a Tree Trimmer License - Davey Tree Expert Co., Inc." Motion passed 3/0. 4. PRESENTATION BY THE SOUTHSHORE SENIOR CENTER TASK FORCE Robert Gagne, Chair of the Southshore Senior Center Task Force, Jan Gray, member representing Greenwood, and Tim McGlynn, member representing Tonka Bay, presented a proposal for the Southshore Senior Community Center. If approved by the Councils of Shorewood, Greenwood, Deephaven, Excelsior, and Tonka Bay, the center would be constructed on land on the campus of the Shorewood City Offices. The projected $800,000 all-inclusive cost of the building and its furnishings would be financed through a 20-year Hennepin County Housing and Redevelopment Authority bond. The annual cost to a Shorewood taxpayer living in a $138,000 home is estimated at $8.00. Annual operating costs of the center would be obtained from building rental and user fees. The City will be asked to authorize working on a joint powers agreement. . Task force members responded to Councilmembers' questions regarding the financing plans and the joint powers agreement. The Council generally favored the proposal and noted it will be considered again at its next meeting. . The meeting recessed at 8: 10 p.m. and reconvened at 8: 15 p.m. 5. PUBLIC HEARING 7:30 P.M.-CONSIDERATION OF PUBLIC IMPROVEMENTS TO THE BRYNMAWR SUBDIVISION AND ADOPTION OF A RESOLUTION ORDERING PLANS AND SPECIFICATIONS - CANCELED AT THE REOUEST OF THE DEVELOPER. 6. PARK - Report on January 25, 1994 meeting Silverwood Park A. Consideration of Approval of Landscape Plan B. Motion Accepting Silverwood Park Plan Hurm directed the Council's attention to the site and landscape plans for Silverwood Park recommended for approval by the Park Commission. Brancel suggested that the plans be presented to residents in the area surrounding the Park for their input prior to the Council's consideration of the plans. Following discussion, ~ ..~ REGULAR CIlY COUNCIL MINUTES FEBRUARY 14,1994 - PAGE 3 Daugherty and Lewis concurred with the suggestion and staff was requested to distribute the proposed Silverwood Park plans to affected residents and solicit their comments. Daugherty moved, Lewis seconded to table to February 28, 1994, consideration of the landscape plan and site plan for Silverwood Park. Motion passed 3/0. 7. PLANNING - Report by Representative Planning Commissioner Jim Pisula reported on the discussions and actions taken by the Commission at its February 1, 1994 meeting. A. Motion to Direct Staff to Prepare Findings of Fact Regarding a Simple Subdivision/Lot Area Variance. Gregory Erickson, 5290 Howard's Point Road. . Nielsen referred to the documentation provided to the Council relative to this request and noted the Planning Commission unanimously recommended approval of the subdivision and lot area variance. Lewis moved, Daugherty seconded to direct staff to prepare a findings of fact resolution regarding a simple subdivision/lot area variance requested by Gregory Erickson, 5290 Howard's Point Road. Motion passed 3/0. B. Motion to Direct Staff to Prepare Findings of Fact Regarding a Simple Subdivision/Variance for Two Dwellings (Temporarily) on a Single-Family Residential Lot. Matt Donahue, 5275 St. Albans Bay Road. . Nielsen stated the Planning Commission determined the variance for a temporary structure is in order and unanimously recommended its approval. The Commission, however, will consider an amendment to the zoning ordinance to provide for more appropriate administration of similar requests. Lewis stated that conditions attached to the approval provide for adequate controls including a stipulated time limit for removal of the temporary structure. Lewis moved, Daugherty seconded to direct staff to prepare a findings of fact resolution regarding a simple subdivision/variance for two dwellings (temporarily) on a single-family residential lot, requested by Matt Donahue, 5275 St. A1bans Bay Road. Motion passed 3/0. 8. REPORT ON ISLAND DRY HYDRAt~T INFORMATIONAL MEETING Motion to Set a Public Hearing to Establish a Fire Protection Utility and Charges. REGULAR CITY COUNCIL MINUTES FEBRUARY 14,1994 - PAGE 4 Hurm directed the Council's attention to the information prepared for a meeting held with Shady and Enchanted Island residents regarding installation of a dry hydrant fire protection system and reported on the meeting. Estimated cost of construction of three hydrants is $50,000 or about $500 per benefitting parcel. This charge may be paid in a lump sum or in quarterly installments with the utility bill. Installation of the system is expected to be completed by May 1, 1994. It is proposed that a public hearing to consider adoption of a water utility ordinance and adoption of charges be conducted at 7:30 p.m., Monday, February 28, 1994. Daugherty moved, Lewis seconded to set a Public Hearing to establish a fire protection utility and charges for Enchanted Island and Shady Island at 7:30 p.m., Monday, February 28, 1994, at City Hall. Motion passed 3/0. 9. MOTION ADOPTING A RESOLUTION AUTHORIZING THE USE OF OFF- SYSTEM STATE AID FUNDING FOR THE VINE HILL INTERSECTION . Dresel reviewed the three stages of the plans developed by MNDot for the Highway 7/ Vine Hill intersection construction project. Construction is expected to be completed by September 1, 1994. The City is requested to appropriate up to $39,000 toward construction of the project from its State Aid funds and the City Engineer is requested to approve the construction plans. During discussion, Dresel and Nielsen responded to Councilmembers' questions regarding the plans and traffic flows during the construction period. Brancel moved, Daugherty seconded to adopt RESOLUTION NO. 94-19, "A Resolution Authorizing the Use of OfT-System State Aid Funding for the Vine Hill Intersection." Motion passed 3/0. . Daugherty moved, Lewis seconded to authorize the City Engineer to sign the MNDOT Highway 7/Vine Hill intersection construction project plans, subject to his thorough review. Motion passed 3/0. 10. MATTERS FROM THE FLOOR - None. 11. DISCUSSION ON POLICY ISSUES - None. 12. ADMINISTRATOR AND STAFF REPORTS Schedule of Rental Housing Code Inspections and Close of Sump Pump Program Brancel stated the Administrator's report regarding rental housing code inspections will be rescheduled. . . REGULAR CITY COUNCIL MINUTES FEBRUARY 14, 1994 - PAGE 5 Hurm reported the sump pump inspection program is approximately 90% completed; a full report will be made at the next meeting. Lewis stated several residents have expressed concern regarding the nature of the inspections. He suggested that administration of the program be conducted with a user-friendly attitude. Hurm brought the Council's attention to meetings scheduled: March 24-Joint meeting with the school district; March 2, A.M.-MWCC pre-budget meeting, P.M.-Reception sponsored by Association of Municipalities for Metropolitan Council members. Nielsen noted that an open house is scheduled by MNDot on March 17 regarding the proposed construction project for the Christmas Lake/Highway 7 intersection. 13. MAYOR AND COUNCIL REPORTS Brancel reported the addition of Channel 99 to the Triax cable system made possible by deletion of the FM station. 14. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Daugherty moved, Lewis seconded to adjourn the City Council meeting at 9:05 p.m. to a Work Session, subject to the approval of claims. Motion passed 3/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: BARBARAJ.BRANCEL,MAYOR JAMES C. HURM, CITY ADMINISTRATOR .. . CITY OF SHOREWOOD COUNCIL WORK SESSION MONDAY, FEBRUARY 14, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 9:05 P.M. MINUTES CONVENE WORK SESSION Mayor Brancel convened the work session at 9:05 p.m. Present were: Mayor Brancel; Councilmembers Daugherty and Lewis; and .Administrator Hurm. 1. IDENTIFY AND PRIORITIZE ISSUES FACING THE CITY COUNCIL - 1994 Hurm brought the Council's attention to 15 issues facing the City in 1994. He asked each Councilmember to individually prioritize the issues. The results will be tabulated for the Council's review and attached to these minutes for reference. 2. ADJOURN TO EXECUTIVE SESSION Daugherty moved, Lewis seconded to adjourn the Work Session at 9:15 p.m. Motion passed 3/0. RESPECTFULLY SUBMITTED. Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: BARBARA J. BRANCEL, MAYOR JAMES C. HURM, CITY ADMINISTRATOR 1 TO: Mayor & City Council FROM: James C. Hurm, City Administrator DATE: February 24, 1994 RE: Council Issue Prioritization Below is the final ranking of issues as set by Council members separately: Total Points 5 Final Rankinq & Issue 1) Resolve MWCC rate increase issue 21 2) Review policies on municipal water, including extending water to new developments and a water system analysis 23 3) Pursue joint efforts with neighboring municipalities .7 4) Consideration of a South Shore Senior Center 32 5) Relocation of liquor store **** 6) Assist in making senior housing available 37 41 7) Reconsider feasibility of engineering position 43 8) continue the effort to reduce regional transit levy on Shorewood 44 9) Finalization of a special assessment ordinance for street reconstruction 47 10) Consider contracting for municipal garbage service **** 11) Development and maintenance of Shorewood's parks through a foundation .0 55 12) Address the question of additional land vs. lighting softball fields at Freeman Park 44 13) Address lake access on the west side of the City 57 14) Revise Planning Commission ordinance 57 15) Complete negotiations for a new 2 year AFSCME agreement (completed) Your individual rankings are listed side by side on the attached summary sheet. Also attached are the City's Statement of Purpose and Statement of Values. I have noted on the bottom of each the meeting dates at which each has been approved and reviewed by the City Council. 22394.1 1a CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A SETBACK VARIANCE TO JOHN EINHORN WHEREAS, JOHN EINHORN (Applicant) is the owner of real property located at 5580 Howard's Point Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 20, Auditor's Subdivision No. 367"; and WHEREAS, The Applicant has applied for a setback variance to allow the house to be located 47 feet from the right-of-way of Howard's Point Road, which variance amounts to three feet; and ,. WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 28 December 1993, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 4 January 1994, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 24 January 1994, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . FINDINGS OF FACT 1. That the existing home on the property is very old and is located only 14.3 feet from Island View Road and 22.6 feet from Howard's Point Road. 2. That the site is occupied by two rows of very large white pines which the Applicant wishes to preserve. 3. That the right-of-way for Howard's Point Road is 66 feet wide - six feet wider than a standard Municipal State Aid street is required to be. 4. There are homes on the west side of Howard's Point Road, north of the subject property which are closer to the r.o.w. than 50 feet. 5. The proposed house is only 24 feet deep. :;.A. .... CONCLUSION A. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). B. That construction of the new home will increase the conformity of the property to City zoning regulations. C. That based upon the foregoing, the City Council hereby grants the Applicant a three-foot setback variance from Howard's Point Road for the purpose of constructing a new home. D. That this approval is conditioned upon no additional structures or expansion of the new house being allowed which would result in damage to the existing trees. . E. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of February, 1994. BarbaraJ. Branccl, Mayor ATTEST: . James C. Hurm City Administrator/Clerk - 2 - - . MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: 23 February 1994 RE: Appeal Zoning. Violation Letter - Ed Cameron FILE NO.: Property - 26580 W. 62nd Street The above-referenced property owner has been directed to remove a dump truck from his property (see attached letter, dated 26 January 1994 - Exhibit A). The complaint originates from neighborhood concerns about potential damage to the newly constructed Church Road (Mr. Cameron's driveway fronts on Church Road). In a letter received on 10 February (Exhibit B), Mr. Cameron requests an extension of time to remove the truck. He asks that he be given until 1. May to comply. . Sixty days is somewhat longer than what the Council has allowed in the past. If, however, the Council feels that the extension is reasonable, it should clearly state that the truck must not use Church Road until such time (no later than 1 May) as it is removed from the site. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Ed Cameron A Residential Community on Lake Minnetonka's Sourh Shore .. ~~f)~ ... PRUPERTY fILE MAYOR Barb Brancel CO UNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD --- 5755 COUNTRY.CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 26 January 1994 Dear Mr. Cameron: Our office has received a complaint alleging that a dump truck is being parked on the above- referenced property in violation of Shorewood's City .Code. Upon inspection of the property we found a truck displaying the name. Cameron Trucking, Shorewood, Minn. Although Shorewood's Zoning Code provides for certain home occupations to be located in residential zoning districts, nothing in the Code allows a truck of that size. In fact, Section 1201.03 Subd. 5.(6) of the Code specifically prohibits trucks larger than 12,000 pounds gross weight. . This is to advise you that your use of the above-referenced property is in violation of Shorewood zoning regulations and that the violation must be corrected immediately. Your property will be inspected for compliance on 11 February. Any violation found to exist at that time will be referred to the City Attorney for further legal action. ~ \ 'i If you have any questions relative to this matter, please do not hesitate to call me. CITY OF SHOREWOOD bd&,t./'J-d~ Bradley J. ~ Planning Director cc: Jim Hurm Tim Keane E..~~.,b, t A A Residenrial Community on Lake Minneronka's Sourh Shore -. i' FES I 0 /994 . ~O-fERlYjJ_L~ ~-~~ ~~ ---~ - . ~;(".JU-k_;L_6-5:[Cr:? L~_~ ~___ ~~_:L~e . .z;,.,~~~~.~ ~~~ if~ . C/?"- 4. ~ ff~ J.tp~_~ Ji~;Z{/. ~.~L . .~ tt2:U:J!/~ . ___~~d ~ (~ ~27i~~ --------~/_C- ~ \\\ b;;. e:> l.. __ MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City. Council FROM: Brad Nielsen . DATE: 23 February 1994 RE: Appeal Notice to Remove - Dolores Tessier FILE NO.: Property - 25725 Eureka Way Ms. Tessier indicates a willingness to comply with Shorewood's Code requirements. Past attempts to deal with the renter have been unsuccessful. Although the owner only asks for an extension unti114 March, it is recommended that she be given a full 30 days to 28 March to correct the violations. If there are any questions relative to this matter, please call me prior to Monday night's meeting. . cc: Jim Hurm . Tim Keane Dolores Tessier A Residential Community on Lake Minnetonka's South Shore 5~c,~ .. Dear City of Shorewood, Regarding your letter to me concerning the property located at 25725 Eureka Way in Shorewood, Mn.(PID 32-117-23-14-0044) owned by me in which there is a violation of Shorewood city code. As you know this property has been rented by Ray Brockhouse. I have served Ray with an unlawful detainer for past due rent in the amount of $1400.00. The court date is February 14t and the court's opinion is that they will give them gou 10 days in which to leave. I ~equest until the 14th of March to remove any property mentioned in your letter on the off chance that Mr. Brockhouse does not remove all the offending personal property. . It is my intention to do whatever cleanup I need to do to satisfy Shorewood and do even more cleanup and then put the house on the market to sell. Renting of this house has not been a profitable investment for me. I have owned the property since 1978 and would have made a profit only in the last two years, had all the rent been paid in a timely manner. With the high amount of non- homestead taxes and higher rates on insurance combined with vacancies and non-paid rent and the forthcoming inspections I feel that rental is not a good financial option for me. . I would appreciate the extended time so that I can remove the rentor and then proceed to clean up the property for your approval. Thank you, ~ Dolores Tessier 145 Wildhurst Rd. Tonka Bay, Mn. 55331 E."h~ bit A PROPERTYBf~I Kristi Stover Rob DaughertY Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612)474-3236 1vffiMORANDUM TO: Rick Young . FROM: Brad Nielsen DATE: 26 January 1994 RE: Brockhouse Code Violations ----- -.---- ..... FILE NO. Property - 25725 Eureka Way _~' .--..-- '. ~--..,.._...----~..-..- -_..--" " The City Attorney suggested that I document a telephone conversation with Tony Brockhouse on 6 January regarding follow-up of a code violation complaint. The attached memo to the file describes my conversation with Mr. Brockhouse, in which he suggested to Faye Robertson that "if anyone from the City comes on their property, just blow their brains out". . While I suspect that his statement was. just for effect, I did advise Joe Pazandak that any follow-up inspections should include a police escort. If you have any questions relative to this matter, please call me. cc: Jim Hurrn Tim Keane Joe pazandak f.",,~,,;t f, A Residential Community on Lake Minnetonka's South Shore .... PROPERTY FILE MAYOR Barb Brancel COUNCl L Kflsti Stover Rob Daugherty Daniel Lewis Bruce Benson . :---. CITY OF -- SHOREWOOD ~.~ 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612)474-3236 26 January 1994 Ms. Delores Tessier 145 Wlldhurst Road Tonka Bay,MN 55331 . . . Our office has again received complaints regarding City Code violations at the above- referenced property. Upon inspection of the property the following violations were found to exist (City Code sections are cited): 1. Blue Mitsubishi * - expired license, not registered to resident of property (Sect. 1201.03 Subd. 2.n. and 1201.11 Subd. 3.a.) 2. Brown Oldsmobile - ~ot registered to resident of property, parked within 15' of\treet surface (Sect. 1201.11 Subd. 3.a. and Sect. 1201.03 Subd. 5.f.(3)) \ 3. White Pontiac - not registered to resident of property (Sect. 1201.11 Subd. 3.a.) . 4. White Chevrolet truck* - expired license (Sect. 1201.03 Subd. 2.n.) 5. Yellow trailer* - unlicensed (Sect. 1201.03 Subd. 2.n.) 6. Green trailer - parked in required setback area (Sect. 1201.03 Subd. 5.f.(I)) 7. Boat/trailer - must comply with property setbacks - 50' from street surface, 10' from side, 40' from rear (Sect. 1201.12 Subd. S.d.) 8. Trailer with shed on it* - trailer unlicensed, (Sect. 1201.03 Subd. 2.n. and 1201.12 Subd. S.d.) 9. Wood, construction materials and debris, inoperable lawn mower, vehicle parts, tires and rims, bicycle parts and inoperable bicycle* (Sect. 1201.03 Subd. 2.n.) 10. Shed not built according to State Building Code requirements (e.g. structural, . weather-resistant exterior and building access) A Residenrial Ccmmuniry on Lake Minneronka's Scurt: shor~h-,b;t '" Delores Tessier 26 January 1994 page two Note that all items listed above which are marked with an asterisk * are also in violation of Section 501.01 of the City Code. A separate "Notice to Remove" for these items is enclosed herein. ' These violations must be corrected by 11 February 1994, after which the property will be reinspected. Failure to comply will result in the matter being turned over to the City Attorney for prosecution. . The tenants of the property, Ray Anthony Brockhouse and Faye Robertson have been advised of these violations by copy of this letter. If you or your tenants have any questions relative to this matter, please do not hesitate to contact my office. If you or your tenants wish to appeal this order you must do so, in writing, prior to 11 February 1994. Your written appeal should state your reasons for not complying with the Code, or, if you are asking for additional time to comply, how much time you request. CITY OF SHOREWOOD 1 -1 -1 /fd'1. .J ~~ttl.l {.f "..~ !..... "/1">, /1"- Bradley J. Nielsen Planning Director CC: Jim Hurm Tim Keane Joe pazandak . Ray Anthony Brockhouse/Faye Robertson MAYOR Barb Brance! COUNCI L KriSTi Stover Rob DaughertY Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 TO: DATE: 26 January 1994 Delores Tessier 145 Wlldhurst Road Tonka Bay, MN 55331 PROPERTY LOCATION: 25725 Eureka Way PROPERTY IDENTIFICATION NO.: 32-117-23-14-0044 NOTICE TO REMOVE .' Offensive and Unhealthv Substances NOTICE IS HEREBY GIVEN that 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 AND EQUIPM:ENT: Blue Mitsubishi - expired license . White Chevrolet truck - expired license Yellow trailer, unlicensed Trailer with shed on it - trailer unlicensed . OTHER: Wood, construction materials and debris, inoperable lawn mower, vehicle parts, tires and rims, bicycle parts and inoperable bicycle You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property . *** PLEASE GIVE THIS MATTER YOUR TIY1:I'VfEDIATE ATTENTION *** BY ORDER OF TIlE SHORE"WOOD CITY COUNCIL A Residenrial Communiry on Lake Minneronka's Sourh Shore ~h~b;~ 0 " CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION PROCLAIMING VOLUNTEERS OF AMERICA WEEK MARCH 6-13, 1994 WHEREAS, the Volunteers of America, a Christian human service organization, is celebrating its 98th year of service to the people of Minnesota and the nation; it is therefore certainly appropriate for us, the City of Shorewood, to join in the observance of this milestone with the commemoration of March 6-13, 1994 as Volunteers of American Week; and, WHEREAS, the Volunteers of America is making a valuable contribution by providing these services to adults and the elderly: 6 homes for mentally disabled, mentally ill, chemically dependent and/or elderly adults; congregate dining for seniors at 45 sites in Anoka and Hennepin counties; home delivered meals for persons 60 years of age and over; semi- independent living services and supported living services; 3 housing complexes for families, the handicapped, and the elderly; and 4 long-term health care facilities; and, WHEREAS, the Volunteers of America provides these services for .ildren and youth: 5 programs serving autistic, autistic-like, and/or velopment-ally disabled children and youth; a children's emergency shelter; in-home services; 52 foster treatment homes and correction group homes; a residential treatment center for emotionally handicapped boys; a specialized behavioral program for boys with severe problems; short-term after care for youth with special needs; and, WHEREAS, the Volunteers of America provides 2 correctional services: a pre-release and work-release correctional program serving men; and a women's jail, workhouse and work-release correctional program; and, WHEREAS, the Volunteers of America, through its dedicated staff and volunteers and the many people who help support their work through financial contributions make a significant impact on the lives of people in the City of Shorewood; and, WHEREAS, the Volunteers of America is commemorating its founding in ~96 and urges others to join them in bridging the gap between human needs and the resources of the public and private sector; NOW, THEREFORE BE IT RESOLVED, that the Shorewood City Council does hereby proclaim the week of March 6-13, 1994, as "Volunteers of America Week in the city of Shorewood". AND, BE IT RESOLVED, that copies of this resolution be transmitted to the Volunteers of America as evidence of our esteem. ADOPTED by the City council of the City of Shorewood this 28th day of February, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 30 VOLUNTEERS OF AMERICA MINNESOTA 5905 Golden Valley Road . Minneapolis. MN 55422-4490 . (612)546-3242 January 26, 1994 The Honorable Barb Brancel Mayor of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mayor Brancel: . The Volunteers of America has been serving others for 97 years. Volunteers of America Week, March 6-13, commemorates the founding of our organization on March 8, 1896. We are one of Minnesota's largest human service organizations. Year after year, more than 90% of every dollar we receive, we spend directly on program services.. .for the people we serve. Through the years, Volunteers of America has demonstrated it is a dynamic organization keeping pace with the everchanging world. We recognize the need for developing creative ways to solve problems and meet community needs for all members of our society. I hope you will recognize March 6-13, 1994 as Volunteers of America Week and help us celebrate our 98th year of service, both nationally and in Minnesota. Your personal proclamation will be encouraging to those who receive services in Shorewood, and its nearby communities. . Your proclamation, along with other proclamations and letters will be duplicated and put into booklet form. A booklet commemorat- ing our 98th birthday will be placed in the reception area of each of our programs and senior dining sites. Something wonderful is happening in Minnesota, because of you! Your interest and support makes a significant impact on the success of our organization. And, as you know our success is measured through the lives of those we touch. Respectfully yours, ~= E.~oifft t~ President Enclosures " , Volunteers of America Minnesota 1993-1994 PROGRAM SERVICES . ADULT SERVICES PROGRAM offeri board and lodging homes for seniors, developmentally disabled, mentally iII, and/or chemically dependent adults. Telephone 1-495-3344 BAR-NONE RESIDENTIAL TREATMENT CENTER provides services to boys who are emotionally and/or behaviorally disturbed. Telephone: 753-2500 CHILDREN'S EMERGENCY SHELTER offers social and educational services in a protective environment to children in crisis. Telephone: 753-2319 CORRECTION GROUP HOMES offer astruc- tured therapeutic home environment forreenagers with a delinquent history. Telephone 546-3242 . FOSTER TREATMENT HOMES provide a supponive, directive environment for behavior- ally disturbed children and youth. Telephone: 546-3242 HOME DELIVERED MEALS hot noon meals are delivered to shut-in seniors who are unable to prepare their own meals. Telephone: 546-3242 IN-HOME FAMILY TREATMENT SER- VICES strengthens afamily's ability tofunction and to resolve problems. Telephone: 546-3242 PRINCETON HOME is a home for mentally disabled adults. Telephone: 1-495-3344 REGIONAL CORRECTIONS CENTER is a jail, workhouse and work-release program for women. Telephone: 488-2073 RESIDENTIAL CENTER is a pre-release and work-release correctional program for men. Telephone: 721-6327 RESPITE CARE for families of children' who are handicapped with autism, autistic-like and/or developmental disabilities. Telephone: 546-3242 SEMI-INDEPENDENT LIVING SERVICES provide learning opponunities for individuals with special needs. Telephone: 1-495-3344 SENIOR DINING PROGRAM serves hot noon meals at 45 community locations to anyone 60 years of age or older. Telephone: 546-3242 SETTEVIG HOME is a home for developmen- tally disabled adults. Telephone: 1-495-3344 SETTEVIG TREATMENT CENTER FOR CHILDREN WITH SPECIAL NEEDS provides intensive treatment services for autistic, autistic-like and developmentally disabled children. Telephone: 753-2500 SHORT - TERM AFTERCARE prepares a child for a successful transitionfrom treatment to home and community. Telephone: 753-2500 SPECIALIZED BEHAVIORAL PROGRAM for boys with severe behavioral problems re- quiring secure supervision. Telephone: 753-2500 STEVENCROFT residential care offering life coping skills training for developmentally disabled young adults. Telephone 644-2514 SUPPORTED LIVING SERVICES PRO- GRAMS are provided for developmentally dis- abled adolescents and adults with spedal needs. Telephone: 1-495-3344 . .. ,J---_~ VOLUNTEERS OF AMERICA. . . was founded March 8, 1896 in New York City. Less than four months later services were begun in Minneapolis. VOLUNTEERS OF AMERICA, a national Christian human service organization, has a 97 year history of serving people in need; regardless of their race, color or creed. It seeks to develop programs in areas where human needs are not being met by existing services. VOLUNTEERS OF AMERICA staff is comprised of individuals who not only have administrative and/or professional social work expertise, but who also have a commitment to the Christian mission of the organization; the reaching and uplifting of all people. Last year, in addition to 330 staff, more than 1900 persons volunteered their talents to help enrich program services in Minnesota. VOLUNTEERS OF AMERICA, a 501(c)(3) organization, is eligible to receive tax . deductible donations. VOLUNTEERS OF AMERICA meets all regulatory standards, publish an annual report, have a certified audit, and me with the Charities Division of the Minnesota Attorney General's Office. BOARD OF DIRECTORS Mark T. Flaten, Chair James E. Hogie J r, Pres Mary E. Adams Ronald E. Britz Katie Erickson Walter W. Faster James W. Fell Gordon M. Haga Peter L. Hauser Barbara A. King Ross E. Kramer William W. McDonald W. Lyle Meyer John T. Richter Erling W. Rockney William E. Sandvig Renee J. Tait Robert E. Van Valkenburg Dr. Harm A. Weber . VOLUNTEERS OF AMERICA MINNESOTA DISTRICT OFFICE administrative, accounting, and development offices are located at 5905 Golden Valley Road, Minneapolis, MN 55422-4490 (612) 546-3242 MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: 23 February 1994 RE: Request for Street Lighting - Gideon's Cove FILE NO.: 405 (Street Lights) Residents of Gideon's Cove have petitioned the City to authorize the installation of two street lights on Lawtonka Drive (see Exhibit A, attached). Notice of the request has been sent to residents near the proposed light locations (see Exhibit B). Only one of the requested lights, the one at the west end of the cul-de-sac, is warranted based upon Shorewood's policy for the location of street lights. The mid-block light does not meet the criteria set forth in Shorewood Resolution No. 11-91. . It is recommended that the light at the end of the cul-de-sac be approved. Petitioners are notified by copy of this memorandum that the City will pay for the operation and maintenance of one standard street light. Any additional cost for extending power to the proposed location must be paid by the petitioners. cc: Jim Hurm Bob Boyer A Residential Community on Lake Minnetonka's South Shore ~,F, ... . ~ \s~ December 28, 1993 Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear City Council: We the residents of Gideon Cove would like to have the City of Shorewood provide a street light near the middle and at the end ofLawtonka Drive. The attached plat will indicate the desired locations. The street presently has no lighting and is extremely dark at night, making it difficult to see parked cars or even pedestrians that maybe on a walk. Any consideration you can give this request would be very much appreciated. Respectfuliy, Name 1 ':/2 t 1i:YZ 1/1 ~ . :vJC-t I --:;;;:.<y-;f . . //. .jJL/77~ /' ? /-:Y/." i /; if........ 1/ -. /" ,.,,-~'-1- -L/ ,-/ ( , /V1..-fZLd4.~k-'C. '" / '. ../7-1' 3 - L "'7' / . .... .'.,.. ./ . T L~ ;' .:' / '-'<-Y.;././L-/' . -7 .~~~ .~~ y -- -- ',_ ;::/;~-l ..- 1 />. 4;._..,,,....""'-. '.-:-'''''> " /'/,,->i.'/Il) Lt /.-\../. ( '\ \ .,....: \..... --- \ !-. -... - ~ \. - \ : . '- ~ 5 ( -" ~. ~ t - '. ~ I __' ~ t.;1 ~ / . .~. ..._J\ ~~ \'-. ""'~ \ ~ *; ': ;'-' ~2:!nlQ LA \A.,rw,0 '\C ~ 'D~. ;Z.J 7 S' 0 .i ?vt..~~ /.) /"T , ;~,1;~ 7~'i/~ /1.; ~ \ . ., . .,/ /!~'! /, '. /1' . I I ( r- .l...,' i. . ,,_ {. :". -' .. _ ,,~ , ..' . /...' . I ' , f't,. " J-' ;;>ji'i"'/ J ~.) .-:b A _' f,'''', ,.'''.''' ""to- I)!.'.) . -'\"oJ ',,/~' // .....-c' -' v.... !..o".... cr J _,.- v . , I ;. '."~"! .-~! } c.~.-' ( J;.,:\ I-t../.... f\(. \ L,-" \ ..;'L-' r..:"'-") ! (~'". - .-'-......' n "'- - ~--...,..... ~,/ ~~.~ -~ --ze ----- .7._. ~d~--~- 8. ___~.._. ....____ i- :/7.20 Lc wlu''1,k"r;. Pri' ~ ~LtJl~A~ ~ 9 -0.1'\.1 ;,V'tt vol.?} Building Corporation _ --1--- / E..",,~t~f I 1\ <'(A 475-2097 . . la.bit { d- L (h clc,- &-F~~1 k~~ (l r . I ] 1. -~J i~ ! 110 W\ c-~ It... ( t. -n 1. G. PI.. /;> M 12. __ o~ ;1 C7I. V-C' Ie:" .I), U 1m Oc "7 13. ~~3 7 ).0 2 '57 bO :;1.3? ~ CJ Lo.. l/U +Ci '" (~. Dv~, 0.~(,il~ tov.;fa..- 0 p- I I - . / ... I) L. c:.. (, <./ -rc:J Vl Ir CJ... {./~" 14. ~' /lte b~r --rj,-el / / / (( j 1/ / s- 6 !<7Ve t'ree prlres !7?-Vc. Ac-ve /;0 I- Ie j- c~sec{ 0 Ii (/ tI /,- / c;{ C^- /1 I~ ./~ 1-0 ~ I/~ ~a.ts- CCh~,- t/'e/v- Uhf'is: S-ff/c ej- dJ., / . / -L.. 1-/ L-cz.~1./ I ohlr~ 1\ , / /v I (--'e -.c:..--o. \ A i , (/ ( ", '''''' )) , ~ - .. / I S ~~ ,1/ \~~.- .~ .:// ~ "': . I \ i / \. i I -ri I 1/ II ! . I ,I! / /( .I ,j / '1 / / /. I , / -/ / / / / . I- . ; / I . / :'::! 'r;~ ..~ ... / (J /f /j 1/ ://' .. . i .- / ' / / , _.'/ / / / , / .4- ...-: -::::....... /'1. ,~ 8 8 .--.. w - NOTICE The Shorewood City Council hereby notifies all property owners within 500 feet of LawtonIca Drive (see Site Location map reverse side) that the Council will consider a request for street lights on LawtonIca Drive at their meeting on 28 February 1994 in the Council Chambers of Shorewood City Hall, 5755 Country Club Road. The meeting starts at 7:00 P.M. You are invited to attend this meeting to express your opinions and concerns. If you can not . attend the meeting, you may respond in writing to: Shorewood City Council c/o Planning Dept. 5755 Country Club Road Shorewood, MN 55331 If you have any questions relative to this matter, you may call the Planning Department at 474-3236. . &h.b.t f:> ~/Jrtl€ /t.Ll8U'-'- ~'s Gl\)t.O B~i (55) ... 6 ( 56) I I I ....' I ~ I I - I ~ I '" ~ , '" . ... I -: (48) ... ~ q,,~ I ~ .... I ~ I ~ I ( I) I ~, . 06' '~'E ... I ~. . , I I I I ( 2) I I I 109. . 109.9 >:~4.25 . - ,. ~. on ~ ~ 7 - ~ (16) ~ (I5) '" [Q) [Q) ~~ 'I ' .~ '_:~t: ~~ -:= . ,5_ ,," " ;lll":~ <<:(~, zoo -",..j:." ."n,rm '.;' '0 ~- -' ?!).1/fJ!J ,'~ .:- f:lu7 p f7 /L . - .' c:: iJ U /;''' /. '/. _" f '//l-o~ '. / ~ ' '1<:J~ '-j ~ '/' , r... ~7 (31) ~':: \~:::; '3 "\...I" ~ ,,_ ~~__ _ ,I "..:;?:';" g .. ~ (17) Iri '" '" 170,2: 2 ( 17) 4 ( I2) .. 5 ; ( 13) ; ( ,64;' '3 ( 18) I'" 11(". 4 ( 'c: 1 219.'__ I ( 29) J :1 ~I I ! i ( 3Q) ~ .. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A LOT AREA VARIANCE AND SUBDMSION OF REAL PROPERTY FOR GREGORY ERICKSON WHEREAS, Gregory Erickson (Applicant) is the owner of real property located at 5290 Howard's Point Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a subdivision of said property described in Exhibit A, into two parcels legally described in Exhibit B, attached hereto and made a part hereof; and . WHEREAS, one of the proposed lots does not comply with the minimum lot area requirement for the zoning district in which it is located and the applicant has requested a variance; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 2 December 1993 and 28 January 1994, which memoranda are on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 7 December 1993, the minutes of which meeting are on file at City Hall; and . WHEREAS, reports were received from the Department of Natural Resources, the City Attorney, the Minnehaha Creek Watershed District and the City Engineer; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 14 February 1994, at which time the Planner's memoranda, the above- mentioned reports, correspondence from residents, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. WHEREAS, the Applicant and all other parties holding an interest in said real property have agreed to grant to the City of Shorewood drainage and utility easements as described in Exhibits C-1 and C-2, attached hereto and made a part hereof; and WHEREAS, the Applicant and all other parties holding an interest in said real property have agreed to grant to the City of Shorewood an easement for roadway purposes as described in Exhibit D, attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: ;.6t · ,.. FINDINGS OF FACT 1. That the property proposed to be divided is zoned R-IA/S and contains approximately 80,536 square feet of area. 2. That the northerly parcel described in Exhibit B contains approximately 35,456 square feet of area. 3. That the southerly parcel described in Exhibit B contains approximately 45,080 square feet of area. 4. That the two proposed lots average approximately 40,268 square feet in area. 5. That existing nearby lots on Howard's Point Road range in area from 15,246 square feet to 99,200 square feet. . 6. That the Applicant has placed boulder rip rap on the shoreline of the real property, pursuant to Minnehaha Creek Watershed District Permit No. 93-64. 7. That the Minnehaha Creek Watershed District and the Minnesota Department of Natural Resources have determined that the rip rap placed by the Applicant does not violate Permit No. 93-64. 8. That the discrepancy between a survey of the property, dated 10 June 1990, and a survey dated 1 November 1993, is within the acceptable range of surveying error. 9. That the variance will not increase the density or alter the character of the neighborhood in which the property is located. 10. That the variance allows the lot line between the two lots to be straight, . thereby avoiding a lot configuration problem. CONCLUSION A. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defmed by Minnesota Statutes Section 462.375, Subd. 6(2). B. That based upon the foregoing, the City Council hereby grants the Applicant's request for a lot area variance of 4544 square feet for the northerly lot described in Exhibit B. C. That the real property legally described in Exhibit A be divided into two parcels, legally described in Exhibit B. - 2 - . . D. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. E. That the Applicant record this resolution, together with the drainage and utility easements shown on Exhibits C-1 and C-2, and the road easement shown on Exhibit D with the Hennepin County Recorder or Registrar of Title within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of February, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk - 3 - LEGAL DESCRIPTION: That part of Lots 4, 5, 7, and 8, Howards Point, Hennepin County, Minnesota described as follows: ~mmenCing at the northeast corne~ of Lot 3 ~n said Howards Point; thence on an assumed bearing of West along the North line of said Lot 3 a distance of 100.8 feet; thence on a bearing of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80 feet; thence South 47 degrees 28 minutes East a distance of 133.3 feet to the point of beginning of the tract of land. co be described; thence continuing South 47 degrees 28 minutes East a distance of 287.50 feet; thence South 13 dearees 47 minutes East a distance of 126.52 feet; thence North 71 degrees 4-5 minutes West a distance of 186.4 feet; thence South 65 degrees 49 minutes West a distance or 163.8 feet, more or less, to the shore of Lake Minnetonka; thence northwesterly along the shore of Lake Minnetonka to a point in a line bearing South 60 degrees 42 minutes West from the point of beginning; thence North 60 degrees 42 minutes East a distance of 209 feet, more or less, to the point of beginning. . Exhibit A LEGAL DESCRIPTION OF NORTHERLY PARCEL That part of Lots 4.5.7. and 8. Howards Point. Hennepin Coumy. Minnesota described as follo~s: ComrTlencim! at the northeast corner of Lot 3 in said Howards Poim: thence on an assumed he:.lrin1! of Wc::st - - along the North line of said Lot 3 a distance of 100.80 feet: thence on a hearing of South a Jistance of 43.70 feet: thence South 18 ~egrees 35 minutes East a distance of 202.80 feet: thence South 47 degrees 28 minutes East a distance of 133.30 feet to the point of beginning of the tract of land to be described: thence I.:ontinuing South 47 degrees 28 minutes East a distance of 287.50 feet: thence South 13 degrees 47 minutes East a distance - - of 126.52 feet; thence North 71 degrees 45 minutes West a distance of 186.40 feet; thence South 65 degrees 49 minutes West a distance of 163.80 feet. more or less. to the sho~e of Lake Minnetonka: thence northwesterly along the shore of Lake Minnetonka to a point in a line bearing South 60 degrees 42 minutes West from me point of beginning; thence North 60 degrees 42 minutes East a distance of 209 feet. more or less. to the point l,t" beginning; Which lies northerly of the following described line: C~. encing at the northeast corner of Lot 3 in saId Howards Point: thence on an assumed hearing of West aI.the North line of said ~( 3 a distance of 100.80 feet: thence on a bearing of South a dismnce of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80 feet: thence South 47 degrees 28. minutes East a distance of 303.30 feer to the point of heginning of the line to be described; thence South 67 degrees 52 minutes 58 seconds West a distance of 182 feet. more or less. to the shore ,II Lake Minnetonka. and then.: terminating. LEGAL DESCRIPTION OF SOl'THERL Y PARCEL That part of Lots 4.5.7. and 8. Howards Point. Hennepin County. Minnesota descrihed as follows: Commt:ncing at the northeast L:orner of Lot .:; in said Howards Point: thence on an assumed hearing of West along. the North line of said Lot':; (I distance \If 100.80 feet: thence oil a hearing of South a distance l)f 43.70 fec:t: thenct.: South 18 degrees 35 minutes East a distance of 201.80 feet: thence South 47 degrees 28 minutes Ea_distance of 133.30 feet to the point \)f heginning of the tract llf land to he described; thence cominuiI?g So 4i degrees 28 minutes East a distance tlf 187.50 feet: thence South 13 degrees 47 minutes East a distance of 126.52 feet: thence North 71 degrees 45 minutes West ~I distance of 186.40 feet: thence South 65 degrees 49 minutes West a distance of 163.80 feet. more: or less. to the shore of Lake Minnetonka; thence northwesterly along the shore of Lake MinnelOnka tn a point in a line hearing South 60 degrees 42 minutes West from the poim of beginning: thence North 60 degrees 42 minutes East a distance of 209 feet. more or less. to the po~nt of beginning: Which lies southerly of the following descrihcd line: Commencing at the northeast cmner of Lot ~ in said Howards Poim; thence on an assumeJ hearing of \Vest alon~ the' ~()rth line of said Lot 3 a distan<.:e of ] 00. gO feeL tht:n<.:t: on it hearing of South a distancl: of 43.70 feet: rhca...,' South 18 degrees 35 minutes East a distance of 202 ~m feet: thence South 47 degrees 28 minutes East a distance of 303.30 feet to the point of oc::gmmn!! nf the: lme:: [0 he descrihed: thence South 67 deg.rees 52 minutes 58 sel:(lnds Wt.:st a distancf: of 282 ket. mort: nr less. 10 the: short.: of Lake MinnelOnka. and tht.:re terminating. Exhibit B CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION MAKING A CAPITAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM AMENDMENT - DRY HYDRANTS FOR THE ISLANDS - WHEREAS, a petition for a dry hydrant installation project on Shady and Enchanted Islands was received by the City in 1992; and, WHEREAS, the first "unscheduled, potential" project listed in the 1994-1998 Capital Improvement Program is as follows: "the Mound Fire Department is recommending up to three dry hydrants be installed at Shorewood's Islands to improve water availability for fire suppression purposes"; and, . WHEREAS, the City has received several quotes for the hydrant projects with an estimated budget of $50,000; and, WHEREAS, a fact sheet was mailed to affected property owners and a public information meeting held on the Islands on Saturday, February 12, 1994; and, WHEREAS, a public hearing was noticed and held at 7:30 p.m., Monday, February 28, 1994 on the adoption of a water utility ordinance; and, WHEREAS, Resolution #93-117 adopts a Capital Improvement Budget for the year 1994. NOW, THEREFORE BE IT RESOLVED that the Capital Improvement Program proj ect Schedule and Capital Improvement Budget for the year 1994 be amended to add the following: . 1994 Water - Dry hydrants for the Islands: General Fund $50,000 ADOPTED by the City Council of the city of Shorewood this 28th day of February, 1994. Barbara J. Brancel,Mayor ATTEST: James C. Hurm, City Administrator/Clerk '-lA . CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION RELATING TO THE AWARDING OF CONSTRUCTION CONTRACTS FOR MULTIPLE DRY HYDRANT FIRE PROTECTION SYSTEMS WHEREAS, the City of Shorewood does provide fire protection services for residents and property owners throughout the community; and, WHEREAS, the areas within the City of Shorewood commonly referred to as Enchanted Island and Shady Island are not provided with municipal or community well systems for fire protection; and, WHEREAS, residents of Enchanted Island and Shady Island have requested the Shorewood City Council to consider the installation and operation of several dry hydrant fire protection systems; and, . WHEREAS, the City of Shorewood has considered the construction of three separate projects to construct dry hydrant fire protection systems for the property owners and residents of Enchanted Islands and Shady Island, said projects identified as Public Improvement Projects 94-1, 94-2 and 94-3; and, WHEREAS, contractors and suppliers have submitted bid proposals for the construction of dry hydrant fire protection systems as identified above. NOW, THEREFORE BE IT RESOLVED that the Council of the City of Shorewood does hereby direct the city Administrator to prepare and award construction contracts to the low bidders of Ri tter Construction and Northern Supply for the following projects in the following amounts: . Improvement Project 94-1 (Shady Island Bridge) $20,959.66 Improvement Project 94-2 (Enchanted Drive) $13,039.67 Improvement Project 94-3 (Enchanted Point) $11,831. 06 ADOPTED by the City Council of the City of Shorewood this 28th day of February, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, city Administrator/Clerk ",s " BASE MAP LEGEND PI.&nEll STREET CIOl R&I\.lOO&O CCIOlRIllOIt ;:=== PI.&nm STREET, HOT IlUl1..T --- IlI1I.r St>l(ET. /lOT PI.&fTEll (C(HrtR ~JH( I / ?CO / - - tvaJ I ! I 1: i'--~':::--- - \, ,.' ...- '-'. :-.._....~:.'..". .~.._.._.._. I GOOSe ISL,4NO ','::!!J .. 'N "..."."",.,....,,,., 'MGltE'D STJPEi!:T LDT ~IH( latTlW((H LDTS _ 5I:_OT( ClWNf._PI ........... LDT ~IH( Iscr"((H LDTS _ COoIwOH QWN(R$HIPI -..- S(C1'1O< &NO In S(CTIOH UH(, S(CTl()I "'..ll€R -..- ern 1!ClUC&R' -=-- - -~( ~::i' "' . -C._. "r:..- .....?-' I _ ~ANO Pt 2 SHAOt tSl.4NQ fA I ! I ! LAKE MINNETONKA (UPPeR L.4XE') Dry Hydrant Locations Enchanted Island and Shady Island 11-93 CF-34 ""0 III (Q CD ....... o - ....... . . . 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LEGEND ....nto $TlltET 011 II....1lClAO COIlIIQOOO ;:=== ....llCD $TIIUT. N<1f .....T ____ .....T STIl(tT. NOT .....llCD IctHrtll ~JN(1 / ?;CO I I I l' i'-~'~- \. . . ..... =- -'. .--_.:~... . ~..-.._.._. j GOose 1Sl.,4NO -'<:.'::!) .. ~N ...."'..."...........-:: v.aC.lr co STRttT I.Qf v.( lacr-aH I.OTS ~O(II $(""""( OWN(IlS><!PI ........... LOT v<( 18Cl..a:N LOTS _ CX)oowOf OWHVlSHIP\ _._ :;tCT1CN _ vz :;tCTIOH \JH(, $(C~ ......etll _u_ CITT IlOU'CAlIT -- - _ ~(Vo( / -- wa ':". ..... J I r:'-., ! t (f-- ... . 11 ' ~ ..~:~ .;,.- I s><A01' 1S\.....o Pl: J ! i 1 LAKE' MINNETONK~ (VP~R LAX!') . I I : .' .. _~. ';'._; ..".... I / '.' .' :... .' ~J -.. ~ ..: ! , ~'. \, \. I ~:"~ - ~ :-_ -.- =-.:....: ~ ~ . '~-'; · . . \ \ \. . - - .- .- I /:'" ~....;s,;.toL:.\'(';..:\/ .:.-- _._:-::,-".i-' .. . . - -=rrr:'=-::::-::' . ~o \ . . . .... -: \. . I N'::O-->l -~ -.- - - -=- - . .' ",,, \ \ I!' r>~ - ." .. .# ... "" '., "",."': . .. . -'- -.. ..'<<~'" J Dry Hydrant Locations Enchanted Island and Shady Island 11-93 CF-34 ""0 g) <0 (t) ... - I CD 3 CJl "0 :Il z 0 0 0 :0 CD -< .. () :J: ::L -< 'S 0 0" :0 ::I > Z -l 0 c: ll> ::I ... ~ r- ~ C 3: ." CJl c 3: ~ ~ or CO ... c !it ~~ a. S? lD ~ ." R= mOJ 0 ::L 0> () :D- CD -0 ~ ~ :to mm ... CD ... ~:D a. 3 a. ~ (} ~ x 0 0 9 0> S' 0> ... (} ii:1\) '" e: -lZ 0 c ~O '"0 S? lD 8 ." R= -0 OJ 8 ::L 0- () :DO CD ~o ... com ... r:D '" '" m 0 CD 0 '"0 3 '"0 0 8 (} 8 :D 0 8 m 0 S' !=' ...... o - ...... o ~ o "'T1 en :c o :D m ~ o o o enoo :J:~JJ Oz-< :Dm:J: m:D-< ~""Oo O:DJJ 00)> oc...Z - m-l s:;:o" z-IO . <0 JJ 1"'m U)z o :J: )> Z -I m o ""0 Q z -I '. . m ~ (t) ~ (Jl o. ~ o - OJ c: (Jl . "'T1 (t) 0" .... C g) -< I\) -I\) ...... <0 <0 ,J::o. ORDINANCE NO. AN ORDINANCE ESTABLISHING A DRY HYDRANT FIRE PROTECTION UTILITY DISTRICT The City Council of the City of Shorewood, Minnesota, does ordain as follows: Section 1: The City of Shorewood Code of Ordinances Title 900 is amended to add Chapter 906, as follows: 906.01 ESTABLISHMENT OF UTILITY DISTRICT: The City does hereby establish a dry hydrant fire protection utility district to provide improved water availability for purposes of fire protection of persons and property of all developed and buildable lots in that area of the City commonly referred to as Enchanted Island and Shady Island. 906.02 IMPROVEMENTS: The City may cause to order the construction and installation of a dry hydrant fire protection system. The construction shall be conducted under the direction of the City Engineer in accordance with City standards and procedures for awarding construction contracts. The City shall own and maintain the dry hydrant system. . 906.03 FEES: The City Council may, upon notice and publication to duly affected property owners, by resolution, establish a utility fee to pay for the cost of the construction and installation of a dry hydrant fire protection utility system. 906.04 PAYMENT OF CHARGE: Subd. 1. BILLING: Statements for charges for dry hydrant fire protection utility use and service for a quarterly period shall be mailed to each property owner or user on or before the tenth day and shall be due and payable on or before the last day of the months of January, April, July and October following the quarterly period covered by the statements. . Subd. 2. DELINQUENCIES: After the last day of the month in which paYment is due, a penalty of ten percent (10%) of the unpaid account balance will be assessed and added to the amount due on the account. 906.05 ESTABLISHMENT OF TAX LIEN: Any past due dry hydrant fire protection utility fees in excess of ninety (90) days past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year pursuant to Minnesota Statutes, Section 444.25. In addition, the City shall have the right to bring a civil action or pursue legal remedies to collect unpaid charges. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 28th day of February, 1994. ATTEST: Barbara J. Brancel, Mayor James C. Hurm, City Administrator 'IL . . CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION AUTHORIZING STAFF TO DRAFT A JOINT POWERS AGREEMENT WITH OTHER SOUTHSHORE COMMUNITIES REGARDING THE SOUTHSHORE SENIOR CENTER WHEREAS, the Southshore Senior Center Task Force, composed of representatives from the Southshore Communities consisting of the cities of Shorewood, Deephaven, Tonka Bay and Greenwood, and representatives of Southshore Senior Center Advisory Board, have made a thoughtful and thorough study. In accordance with the Task Force's findings, report and recommendations; and, WHEREAS, the Task Force has concluded that the best option for the cities at this time is to construct a Senior/Community Center as presented; and, WHEREAS, the building is estimated to cost $800,000; and, WHEREAS, it is in the best interest of all communities involved to jointly finance and construct said building. NOW, THEREFORE BE IT RESOLVED by the City council to authorize the City Administrator to meet with city administrators from the Southshore communities to draft a Joint Powers Agreement to be presented at a future date to the City Council for consideration. ADOPTED by the City Council of the City of Shorewood this 28th day of February, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk , c'f ., . . MEMORANDUM TO: FROM: DATE: RE: FILE NO.: CITY OF SHOREWOOD MAYOR Barb Brancel COUNCI L Krist; Stover Rob Daugherty Daniel Lewis Bru.ce Benson 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331.8927 · (612) 474-3236 Mayor and City Council Brad Nielsen 23 February 1994 Proposed Street Light - Howard's Point Road and Smithtown Road 405 (Street Lights) At the suggestion of a number of residents in the Brentridge Drive and Howard's Point Road area, a street light is proposed for the intersection of Howard's Point Road and Smithtown Road. Per City Council direction, we have notified residents within 500 feet of that intersection (see Notice - Exhibit A, attached). This location is consistent with Shorewood' s policy for the placement of street lights. Approval is therefore recommended. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday evening. cc: Jim Hurm A Residential Community on Lake Minnetonka's Sourh Shore ~. ~. NOTICE The Shorewood City Council hereby notifies all property owners within 500 feet of the intersection of Rowards Point Road and Smithtown Road (see Site Location map reverse side) that the Council will consider a request for a street light at that intersection at their meeting on 28 February 1994 in the Council Chambers of Shorewood City Hall, 5755 Country Cub Road. The meeting starts at 7:00 P.M. You are invited to attend this meeting to express your opinions and concerns. If you can not . attend the meeting, you may respond in writing to: Shorewood City Council c/o Planning Dept. 5755 Country Club Road Shorewood, ~ 55331 If you have any questions relative to this matter, you may call the Planning Department at 474-3236. . ~-,b-,+ ^ <to ;:..- ;11'''" s ~...... (4) . AaDIDJ ~aD~IDJ 00(0) ~~r aullar I (J21 ~ .. :: ;: ! v of' ....i ," I O,I?, (I) .... ~~ ~ ~""''''(1 . J ; ~ ( 101 J' - . ;: ,~ '. (Zl f I / ;ll. !: em i-: (II ~ (nl .-:; . .- ..- , . . l-"'~ ~ ....1 ~ ~..' ,....,..., ;: \ ""'... ",,,or ol-' "'i ..; I (0) ;ll, 11; !":c ~'..:('Q"-","nn .... .. (ll . . FREMONT INDUSTRIES, INC. ~:NE: (612) 445.4121 : (612) 496.3027 02-- /7- 9'Y ;Y~ :IX 1/1 jj0t~ qii~&u~J /p !~.~ /;-r{: {2/ / f'jJ ('I> s tl Cp.p~ ~!.-' f/;tMa~::t )#i, ~/ZJ/ {),tv!- h/fJ?tt ~ ~ptil 0',+ f~ ~I'/-- 2. 7 )-po: , u: ~ ~1/2( ~;.; Cyt7,,~,ndT~ k ~,-;;:~-t 0.. 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February 8, 1994 PROJECT BUDGET SILVERWOOD PARK & RELATED TRAILS Expenditures: Grading Basketball Half Court/Tennis Backboard Bituminous Paths in Park ($2,500 - pond; $1,600 - play area) Ballard (removable for access cut through) Bituminous Path along Covington to Pond ($6/ft) Play Area Drainage Play Area Edging & Retaining Walls Seeding & sodding Landscaping (by volunteers) Play Equipment & Rock (flat area installed by volunteers) Stairway (Tree Trust/volunteers) Construction Management, Survey, Borings, Misc. picnic Area Equipment contingency Revenues: Park Fund - elP (page 24) Trails - Silverwood Park to Pond elP (page 25) Needed - Trail Covington (OMR to pond) $6,100 9,000 4,100 1,000 2,000 800 5,900 4,500 11,000 30,000 2,500 12,000 2,000 500 $ 91,400 85,400 3,000 3,000 $ 91,400 , '0.-'. _' . .1 "_,, I '-'I 1 f '.'-'I-'_.ol-L..ol '\" ~d~ ~U~ u~~~ lb '34 10:31 Hoisington Koegler Group Inc. mID liD MEMORANDUM February 16, 1994 To: Jim Hurm From: Bruce Chamberlain Re: Timetable for 1994 Silverwood Park improvements. The following timetable has been divided into two sections, general park improvements which . will be let for competitive bid and playground construction. 1) Genernl Pm Improvement! . Complete plans and specifications March 15 . Park Commission approval March 22 . City Council approval March 28 . Advertisement in Construction Bulletin April 1 & 8 . Advertisement in Sun Sailor March 30 . Bid opening April 14 @ 10:00 am . City Council awarding of bid April 25 . Begin construction May 9 . Complete Construction June 20 . 2) Playground . Presentations to Park Commission and acceptance of proposal February 23 . City Council approval February 28 . Hillside equipment order March 30 . Lower area equipment order May 18 . Hillside equipment installation May 16-23 . Lower area equipment installation July Land Use,' Em-ironmental · Planning !Design 7300 ;\fttro Boulevard! Suire 525 · Minneapolis, Minnesota 55439 . (612) 835-9960 . Fa.,: (612) S55-3160 .. - .. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 26 January 1994 RE: Duda, Jack - Simple Subdivision FILE NO.: 405 (94.01) BACKGROUND Mr. Jack Duda proposes to subdivide his property, located at 20845 Idlewild Path (see Site Location map - Exhibit A, attached), into two lots as shown on Exhibit B. The property is zoned R-ID and contains 29,908 square feet of area. Mr. Duda's house is located on the north one-half of the site. . The northerly lot will contain 17,435 square feet of area. The southerly vacant lot will contain 12,473 square feet. ANALYSIS/RECOMMENDATION The proposed division is relatively simple. Both lots exceed the minimum width (75'), depth (120'), and area (10,000 sq. ft.) requirements of the R-ID zoning district. The only issue which needs to be resolved is the nonconforming setback of the existing tin shed. It should either be removed, or moved at least 10 feet away from the southerly lot line of Parcel A. It is reCommended that the proposed subdivision be approved, subject to the following: 1. The tin shed located on Parcel A must be removed, or moved into compliance with R -ID setback requirements, prior to release of the Council resolution approving the request. A Residential Community on Lake Minnetonka's South Shore rAI , Re: Duda, Jack Simple Subdivision 26 January 1994 2. The Applicant must provide drainage and utility easements, 10 feet on each side of the new lot line and along the south and east lines of Parcel B. (Note: a title opinion will reveal if these easements already exist). 3. The Applicant must provide an up-to-date (within 30 days) title opinion or title commitment by 14 February. 4. Prior to release of the Council resolution approving the request, the Applicant must pay one park dedication fee ($750) and one local sanitary sewer access charge ($1000) for the new lot. Credits are allowed for the lot with the house on it. . 5. The Applicant must record the resolution with Hennepin County within 30 days of approval by the City Council. cc: Jim Hurm Tim Keane Joel Dresel Jack Duda . - 2 - ~l!D~fl) 000 51 ~ PART OF llNWOOO PARK VACA TED I ~(23) 18 (64) r -i \ ".----......... " , ii" : -- . , , : 20: ! : : ........ : , (66) ~~ ~LOr 106 . :0,. . ~.;' on .., a:: o ... 5Ii <D '" .:. (2) [RVIE~ . CRES TWOOO LA :Ii 1O 1O 1O H ~ ..' ~ ~ $ .. ~: ;/ ~ ;,: o. ;e; j,.:. I~ Exhibit A (I SITE LOCATION Duda - simple subdivision \ ~\G--JtJu > \ z <l: ~ ROAOWAY 5 e; M. t!' .IL y"- tJc,t -to ~" sgo33'1a"E. s 16'Z...86 PLAT - -- 163.17 MEAS.--- s_ . ,., <l> r- o:J ,. ~. I/I:f tr W ~bJ F W !,I iSS1 ~~t ~ ':-? 1/1 FOUNO I~ON , , , . __s I- iii u. o III 19 o UJ ~, I ../ , .' ,/ \ . ~ ., I I . I ~ I · () .ti..~~/ . 0)'00)"" ~ ~ ~ I ~ ~.,'!I..,. -:------ - - ~- - -'- ---- -- ~ h.-:----ttJ;_ _ _ __ : l' c~OSioc"" 0)'0""1- 'I. "1:0 -10 , :.~\.l~,~Q ov-l'" ' A.?J /rj~ \lJ e~~o ., . 0.7- ~ Ql \.0 ," 1') ~zv a;) "./ '--~0~ G'V ?-~ <J. ~~ , , I '.' o O)C .-. 137.99--- N.Ssof3'46"W. 988,.5 , , . \,: 983,,3 , I I I \ ~s SURVEY FOR: JACK DUDA --" "'OUNO IRON tn I <,. \,- , , './ I ,,,,,,,' LEGAL DESCRIPTION: (Furnished by Client) Lots 9, 10, 11 and 12, Block 4, Minnetonka Manor, according to the recorded plat thereof Hennepin County. Exhibit B PROPOSED DIVISION CERTtFICA TION: We hereby certify that this is a true and correct representation of a survey of the boundaries of the land above descril ~ RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY WHEREAS, Jack Allen Duda (Applicant) is the owner of certain real property in the City of Shorewood, legally described as: "Lots 9, 10, 11 and 12, Block 4, Minnetonka Manor, according to the recorded plat thereof, County of Hennepin, State of Minnesota"; and WHEREAS, the Applicant has applied to the City for a subdivision of said real property into two parcels legally described in Attachment 1, attached hereto and made a part hereof; and . WHEREAS, the Applicant and all other parties holding an interest in said real property have agreed to grant to the City drainage and utility easements legally described in Attachment 2, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicant complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: 1. That the real property legally described herein be divided into two parcels, legally described in Attachment 1. 2. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. . 3. That the Applicant record this resolution, together with the drainage and utility easements legally described in Attachment 2, 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 28th day of February 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 8.A.Z. . . , PROPOSED PARCEL DESCRIPTIONS PARCEL A Lots 9 and 10, Block 4, Minnetonka Manor, according to the recorded plat thereof Hennepin County, Minnesota and that part of Lot 11, said Block 4 lying northeasterly of a line parallel with and distant 75.00 feet northeasterly, measured at right angles, to the southwesterly line of Lot 12, said Block 4. PARCEL B Lot 12, Block 4, Minnetonka Manor, according to the recorded plat thereof Hennepin County, Minnesota and that part of Lot 11, said Block 4, lying southwesterly of a line parallel with and distant 25.00 feet northeasterly, measured at right angles, to the southwesterly line of said Lot 12. Attachment 1 . Penberth~ Law OFFices 61247411::::0 P.02 , '1'0'", No. 28 ,M -QUIT CLAIM DEED I nt:fivkIIJ~1 hI to Cor,lorlllion (or p"tr\~,~I" Mi""e~Qla t!,II!()tll1 COllvpy.ncllll D1.nk~ (1918) Uitl~'.Da'Jls CI).t Mi""t~PO'i, . '" . '. .... .' "I \ I I I I I ! . . . No dclinq\lcllllaxes and transfer elll~r(:dj C",rtiCical.e of Real Estate Val\le ( ) W.ed ( ) not required CerlHicat,e of Real Eslate Value No. ,19 County Auditor Depllly i i " I by STATE DEED 1'AX DUE HEREON: $ ~emRt~_~ pate: ._~ ,19J!L (reserved for recording data) . FOR V ALLIABLE CONSID,ERATION, JQhV Allen Duda aka Jac)~ p'uda t a sing le person und Joanne E. Duda L-2-sinq Ie pen;on ""_.~.,__~_, ~~~~~ ,Grantor (s), \,.M\ril.t\1 '11;1(1)sl . i .l hereby convey (~) and quitclaim ~)o:to the Ci t.y Q:L_~)~r~wood , Grantee, a Municipal corporation real property in Hennepin under lite laws of Hintiesota County, Minnesota, described as follows: A permanent easement for drainage and utility purposes overt under and across the Northeasterly 10 feet of the following described property, to wit: Lot 12, Block 4, Minnetonka Manor, according to the recorded plat thereof Hennepin County, Minnesota and that part of, Lot 11, said Block 4, lying sout.hwesterly of a line parallel \vith and distant 85.00 feet northeasterly, measured at right angles, t.o the southwesterly l;lne of ! said Lot 12, I MD : .over., under and across the southwesterly 10 feet of the follO\oJing described I Property, to wit: Lots 9 and 10, Elock 4, Minnetonka Manor, according to I the recorded plat thereof Hennepin County, Minnesota and tha.t part of Lot ,.. 11, said Block 4 lying northeasterly of line purallel with and distant I 85.00 feet northeasterly, measured at right anqles, to the southwesterly l{no nF Lnt- 11. ~;!tiil Rlock4. - 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 ~ CITY OF SHOREWOOD MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen ' . DATE: 27 January 1994 RE: McCurdy, Warren - Simple Subdivision FILENO.: 405 (94.02) BACKGROUND MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson Mr. Warren McCurdy proposes to subdivide the property located at 5360 Vine Hill Road (see Site Location map - Exhibit A, attached), into two lots as shown on ExhibitB. The property is zoned R-IC, Single-Family Residential and contains 86,764 square feet of area. The property is occupied by an existing house and a 10' x 18' shed. Approximately 27,180 square feet of the site is taken up by designated wetland. . As shown on Exhibit B, the lot with the house on it will contain 20,001 square feet of area. / The lot with the wetland on it will contain approximately 39,584 square feet, exclusive of the wetland. The Applicant proposes that the two lots will share the existing driveway. The site drops quickly from the northwest comer to the wetland on the south side. An old utility easement bisects the lot from east to west. ANAL YSIS/RECOMMENDATION Both lots meet or exceed the minimum size requirements for the R-IC district. The configuration of Parcel B takes advantage of the more buildable high ground in the northwest comer of the site. Although Parcel A contains 20,000 square feet, the existing house is only 46 feet from the rear lot line. This leaves very little room for any addition to the rear (e.g. deck, porch, etc.). The applicant should seriously consider increasing the depth of Parcel A by at least 10 feet. A Residential Community on Lake Minnetonka's South Shore f8 J Re: McCurdy, Warren Simple Subdivision 27 January 1994 The shared driveway should be encouraged to limit direct access points on Vine Hill Road. The driveway should, however, be widened from 12 to 16 feet for the portion which will be shared. As a condition of approval, the Applicant should record a joint use and maintenance agreement. It is recommended that the proposed division be approved subject to the following: 1. The Applicant is urged to increase the depth of Parcel A by at least 10 feet. . 2. The Applicant must provide a drainage and conservation easement over the wetland area. 3. The Applicant must provide drainage and utility easements 10 feet on each side of side and rear lot lines. 4. The Applicant must provide a joint use and maintenance agreement for the proposed driveway. 5. As a condition of any building permit for Parcel B, the shared portion of the driveway must be widened to 16 feet. 6. The Applicant must provide an up-to-date (within 30 days) title opinion or title commitment for review by the City Attorney. 7. The shed on the west side of the property must be removed, or moved onto Parcel A . in compliance with R-IC setback requirements. 8. The City Engineer should advise how wide the existing utility easement on the site should be. The Applicant should provide a deed accordingly. 9. The above-mentioned items must be completed within 30 days. 10. Upon final approval by the City Council, the Applicant must record the division with Hennepin County within 30 days. 11. Prior to release of the resolution approving the division, the Applicant must pay one park dedication fee ($750) and one sanitary sewer access charge ($1000) for the new lot. Credit is allowed for the lot with the house on it. cc: Jim Hurm Tim Keane Joel Dresel Warren McCurdy - 2 - . ^. . 1 'I -~~ 193. 09 ~ ~~ \, M j..il ------~ . .... ''': :'" . , ::1 '-___t19~7 lor 27 t --j----~-----iii9-----,... '_~~ z , I ItO r -----'2~!.S-..---..-~ ~ ~? \ ~ I; ~ \,~ ~.~ ~..., lL 'I: \:, '( 19) (23) " (22) : (24) " ,. \ \ . , ~ .' (I) . (II) (Z) -,I ',.... 26 ~ (22) ~~. ,. 158' '''''. '75' ...... 1Il UJ '" '" o ~ '" '" (I) ~ 0<89"7' "'[. i! "', II s.~ . (I)"b 213 \..'f-.rl (4) ~'~~i '\. (3) i \ s (j' ", . (5) ')el , ' .:,: 325 ,. ! 1'-' ......J' ,,;.-- ...,.,~>. ,.' (j7) ., . .'/, ".~' ?Jbju;J- 'SJ!-", ) n }) . 11 . ~.....: .~~. t' "; ,,~ '4'P.;..~ .~\ .j.~)'" n . ~ :iI. ~f (I) Exhibit A SITE LOCATION McCurdy - simple subdivision l jl >-~ ' " ,... \ I , I i I I I I,,' \'...1 I. \ ,...., ..... i I ..,).J I I J I ,.., >J I " \,..1.....1 _.J _1_ 't ...... _'- ,.., ,.., Zl"l . -<:. ... ~ ~ CO '" CO .. <0 CO I I I i ..- .., 0 N a:: ,.: ll) - 1'0'::- ~ ..- n~ .. c: CO ~ a; ~ ~ u CO :;::: " '" "5 ,-." ~ '" ~ ~ t-- W w -:l '" f".' '" a ~ y ... .0 t ..- CO ;:, ~ 0 .q- w " '" ~ N a 0 m 1"1 ... .q- ;:, 0 w .., m '" .. CO a co .,; " co C(J ~ .l: i :; 0 '" . 1 \ I I I I I . I " I j I f'.,. ". /"- '" / -,-.-'-'-""- ,.... \V- NOI1:ln!llSNOO !l3QNn 3snOH a41 JO aU!1 IS03 o .. co :sa n ~! ~ Cll~ Ol :So co 2. Z -' ,,- =w e'" 0_ <1.0 .. co -r~ Exhibit B PROPOSED DIVISION t- . I CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDMSION OF REAL PROPERTY WHEREAS, Warren E. McCurdy (Applicant) has an interest in certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and: WHEREAS, the Applicant has applied to the City for a subdivision of said real property into two parcels legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the Applicant and all other parties holding an interest in said real property have agreed to grant to the City an easement for drainage and wetland conservation, legally described in Exhibit C, attached hereto and made a part hereof; and WHEREAS, the Applicant and all other parties holding an interest in said real property have agreed to grant to the City drainage and utility easeme.nts legally described in Exhibits D and E, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes that the two parcels described in Exhibit B share a common driveway, which driveway shall be subject to the Declaration of Easement and Restrictions, shown on Exhibit F, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicant complies in all respects with . the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described in Exhibit A be divided into two parcels, legally described in Exhibit B. 2. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. B.6~L. . . 3. That the Applicant record this resolution, together with the drainage and conservation easement legally described in Exhibit C, the drainage and utility easements, legally described in Exhibits D and E, and the Declaration of Easement and Restrictions shown on Exhibit F 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 28th day of February 1994. ATTEST: James C. Hurm, City Administrator/Clerk B~baraJ.Bumccl,Mayor - 2 - Existing Legal Description That part of the Southeast 1/4 of the Southeast 1/4 of the southeast 1/4 of Section 25. Township 117. Range 23 descri.bed as beginning at the Southeast corner thereof. thence North along the East line 287.3 feet. thence West parallel with the North line a distance of 334.7 feet. thence North parallel with the East line thereof to a point 330 feet South of the North line thereof. thence West parallel with the.HOrth line to the East line of the West 325 feet thereof. thence South along said West line to the South line thereof. thence East to point of beginning. Subject to Vine Hill Road over the East 33.00 feet thereof. Subject to easements of record. . . Exhibit A Proposed Legal Descriptions .' Parcel A The Na1n 133.34 feet , of the East 183.00 feet of the follcwing described ~:q;e1.y: That part of the Sa.rtheast 1/4 of the Scutheast 1/4 of the Sa.rtheast 1/4 of Sectioo 25, Tarmhip il7, Range 23 desaibed as begiming at the Sa.rtheast orner' the eaf, theoce ttrth aloog the East line 2B7.3 feet, thence West parallel with the fb1:h 1 ine a distance of 334.7 feet, thence tb1:h para lle 1 with the East 1 ine tiler 'ear to a JXrint :m feet Sooth of the b1:h line the!'eOf, thence \Est parallel vith the tb'1:h line to the 'East 1 ine of the W3t, 325 feet the eaf, ttB1c:e Scuth aloog said West line to the Sooth line thereof, thence East to JXlint of bcgiming. Slb.;ect to Vi ne Hi 11 Road. Slb.;ect to other ea.sen:nts of rea:rd, if arrj. . Parcel B That part of the Southeast 1/4 of the Southeast 1/4 of the Sovtheast 1/4 of Section 25, Township 117, Range 23 described as beginning at the Southeast corner thereof, thence North along the East line 287.3 feet, thence West parallel with the North line a distance of 334.7 feet, thence North parallel with the East line thereof to a point 330 feet South of the North line thereof, thence West parallel with the NOrth line to the East line of the West 325 feet thereof, thence South along said West line to the South line thereof, thence East to point of beginning. Except the North 133.34 feet of the East 183.00 feet thereof. Subject to Vine Hill Road over the East 33.00 feet thereof. Subject to other easements of record, if any. Exhibit 8 FOrQ No. 28-M ,QYXT Cr..a.:P{_DEEO No delinquent taxes and transfer entered; Ccrtificatn of Real F.~~tate Vul ue ( ) filed ( ) not required I r I I I I I I ! I J , 19_ I I j I I I I I I i I t I I I I r I I Certificate of Real Estate Value No. . - County Auditor. by_.. Debut'! - ~ STA'l'E DEED TAX DUE HEREON: $ Dated: , 1994 . LhE?~_e r'/(?d t:_or; ...r,:~~corrJJjlg dn. ta) FOR VALUABLE CONSIDERATION, Peggy Her!nan, Flka Palagia Herman, Single, Wurrcn E. McCurdy and Barbara L. McCurdy, husband and wife, Crantor(s), hereby convey(s) and quitclaim(s) to 'l'he city of ShorewocQ, Grantee (:.), a municipal cOr',;Joration under the 1 af,ys of the State ot Minnesota, real property in Hennepin County, Minnesotu., de$cribed as follows: An easem(~nt for drainalj.::! and con~;Grvation purposes over that pa rt of the :50l~tllet:tst 1/4 of the SoutheQst 1/4 of tlw ,Sout.heast 1/.1 of Secti{)n 25, T(Ydn[3hip .1.17, Ha.nge ~ 3 describGd ~s beginning at tho Southeast corner thereof; thence North ~1.()n9 the E.=:lst: line 2B7, J feet; 1::he:nce West parallel with the No~th linn a distance of 334.7 fest; thence North par~llnl with tho East lino thereof to a Doint 330 feet South of the Nort.h line thcl"Gof; thence Hest pr.:::allel with t.ho North line to the East line of the West 325 feet thcruof; thence south along said Wast line to the South line thereof; thence East to poi.nt (.:If be'] inn i ng, Ly ing South G f tho fo.llc':Ving descl~i.bc(i U.rtc: ;3eqi.nni.rig dt a poii1t on tr:<3 :=:a.st line of the ,::l.bo'."(:! describcti ~=3Ct ~ (Jista~ca of 110.ilO f(~Qt, N01:tJl along s~~d Exhibit C . . ~~O. __ '=~ lb:=l '~.." ~=.=u ..::-' r-l_'l"-IU l-~ -I--~I":'-":"":'''::''':'' r. ....J c-~<\f,;t 1 ins J:'1:0;n t11e 15ol1thenst (~C)rner t11ercof; thence Wcsto:cly p'~"\rallel wi.th the South line of the abQvE:~ described trl:.lct 1'13. 00 fe(~t:: thence Southwesterly to a point on the West] ine of the ctbove described tract distance 60.00 fect along said West line from the Southwest corner thereof ~nd thnre t~rminating, except the East 33.00 feet thereof. together with dll heredita~Qnts Qnd appurtenances belon~ing thereto. Peggy Herman V~<.irren E. HcCurdy Bdrbar~ L. McCurdy STATE OF MINNESOTA ) ) 55 COUNTY OF HENNEPIN ) The fot'c:going instrum(~nt \4<'"\5 ilcknowlc:;!dged before m~ this _ day of "_4_._' 1994, by Peggy Herman, aka ?alagia Hermn.n, single, and Warren E. McCurdy and Barbara L. McCurdy, husband Bnd wif.e, Grantor(s). NotCJ.ry Public: This inst:ruml?nt ,.;as drafted by HEED & POND, VI'))., 5421 Shoreline Blvd., P.O. Box 9, Mound MN 55364-0009. Tax state~ent for the real property described in this instrument should be sont to: - :~- Form No. 29-11 OUI'.r__G_~AIM DEED srrA'l'E DEED TAX HEHEON: $.__ DUE I I I I I I I j I I I I I I County Auditor. I I I Doput:r' I [ I I I I ~ I i ....".....u_...-I- No dalinquent taxes and transf~r. antered; Cer.tificate of Real Esta b) V;;ilue ( ) filed ( ) not required certific~te of Real Estate Value ~'Io. _____._.__, 19 . by (res erv8ct..f o'l'::..__n~Gording_g~~ f~l.__ Dated: "ao~ , .L.... _' "" . FOR VALUABLE CONSID.EHA'l'ION, Peggy HGrman, aka Palagia Herman, singlr3, Nnrrcn E. HcCurdy and Barbara L. :1cCurdy, husband iJnd wif(~, Grantor(s), hereby convey(s) i)nd Tlitclaim(s) to Tho City of Shorewocd, Grantee(s), a municipal corporation undGr the laws of the state of Minnesota, real property in Hennepin County, Minnesota, described as follow~: An Easement or utility purposes over a strip of land 20.00 feet wide ~nd 10.00 feet on each side of iJnd adjacent to the tollowi ng (-:('~~;c:r..ibed centerline: commencing ~t tIle Southenst cornt-:r of that part of the. ~:;()uthi=ast 1/-1 of the Southea.p.t: 1/4 U.t t.he .southswst 1/'1 of Se.cti.on ),5, 'fO'iolnsh.ip J.17} :Kanf]s 23 d';~scr:i bed .'1~~ ;K:ginning i:lt th~ ::.";ontheast corn(~r th8reof; thenc(~ Not:t.h alor,<'"j t.he East .t.i.no 287.3 f,:et; th~nce I'lest pa.r.allGl with the North line a distance of 334.7 te~t; thence North pwrnl.lel ;.,ritll t..he E:J.st line thereof to a. point 3JO feet South of ~hc North line thereof; thence West parallel with tho North line to the East line of the West 325 feet thereof; thence south n.long ~aid West line to the South line thereof; thcnca E,3,::;t. t.o 1.::0':.2'.1.: of bC<.jinnin'J i tht,=::ncc Horth i11cng th(~ Ed:3t 1 ine Exhibit 0 . . thnrcot 154.00 feet: to the point of begi~ning of tho ccnt~rlinc ~o be horG!n des~ribed; thence dGflect to the left 99 dogrc:1<:!s 00 minutes <.'i distance or '.1.30.00 feci:; t.hc~ncr3 deflect to the right 17 degrees 00 mjnutcs to tho 8ast line of the ~'ibove described tract andtl1er(~ terminate. The sidelines of said strip being lengthened or yhortened to intersect the West line of s~ict tr.act. together with all hercdita~ents and appurtenances belonging thereto. ficqgy H(,n.man Warren E. McCurdy Barbnra L. McCurdy STAT~ O~ MINNESOTd ) ) 55 ) COUNTY OF HENNEPI~ The foregoinq jnstru;nenc was acknowled<Jed before me this _ day of , 1994, by Peggy Herman, aka Pilagia Harman, single, and Warren E. McCurdy and Barbara L. Mccurdy, husband and wife, Grantor(s). Notary Public Tl1i~"; i.nstrunwnt Has drafted by HEED & POND, LTD., 34~4 Shoreline Blvd., P.O. Box 9, Hound MN 55:364-0009. 'l'dX stdtement for the rei~l property described in this instrument shouJ d bp- :-::;~:~1t tG: - ? - , . Form No. 28-:{ QurS' C~.~.Pof DEED ~.v._ I I I I I I I I I I I I ! I I County Audi tal' I I I Deputy 1 I I .~-'- I I I I I -.....1-- No deliriquent taxes and transfer entered; certificate of Real Estate Value ( ) filed ( ) not requi.red certificate of Real Estate Value No. . ...._, J. 9 by STATE DEED TAX DUE HEREON: $..__. D~ted: ---.--, . (reser::r.ed for r\?c;q;:gjnq dat..~,1._ 1994 FOl~ VALUABLE CONSIOERNrrON, Peggy Herman, aka Pa lagia Herman, Single, Warren R. McCurdy and Barbar~ L. MCCurdy, husband and wife, Grantor(s), hereby convey(s) and quitclairn(s) to The City of Shorcwood, Grantnc(s), a municipal corporation tInder the lawg of the state of I-1innesota, real property in Hennepin County, Minnesota, described as follows: An etJ,selnent for utility and drainage purposes over the North 10.00 feet, the South 10.00 feet, the iV8S.t 10.00 feet of tIle East 43.00 fe~t, the South 20.00 feet of the North 143.34 feet of the West 160.00 feat of the Rast 193.00 foet and the West 20.00 feat of the East 193.00 feet of the South 1J3.34 feet of the N():r:th 12:3.34 feet of that part of: the Southea~;t 1/4 of tlv?- Southeast 1/1 of the Southeast 1/4 of Section 25, Township 117, Range 23 described as beginning at the South~ast corner thnrcof; thence No=th along the East line 287.3 feet; thence West p3rnllGI with the North line a distance of 334.7 feet: thcnc,:; North pf?l'allGl ',Ii. th the E2S"C 1 ine the:r.(~o:: t.;:) a fll)1. r:.t 3JO feet South of the North line thereof: thence ~est parallel Exhibit E . . with the North line to tho East line of the West 325 fect thereof; thence South along said West line to the South linA thereof: thence Eas~ to point of beginning. together with all h~redit~nents and appurtenances belonging thereto. Peggy Herman ~varr'~n E. (.fcCurdy Barbara L. McCurdy $'I'ATE 01:" MINNESCTA '0 .... ..?",jI COUNTY OF HENNEPIN . The foregoing inst~ument 'was acknowledged before me this __ day of W h__' 1994, by Peggy HermanJ aka palagia Hf:1rInanJ singleJ nnd Warren E. McCurdy and Barbara I.. MCCurdYJ husband and wife, Gr~ntor(s). . Notary Public This instrument '....as drafted by REED & POND, LTD. f 5424 Shorelino Blvd., l:l.O. Box 9, Hound I1N 55364-0009. Tax statement for the real property described in this instrument should be sent to: - ') - '., DECLARATION O? EASEMENT AND RESTRICTIONS This Declaration made on the date hereof set forth by Warren E. Mccurdy and Barbara L. l-1:cCurdy, husband and wife, hereinafter referred to as the "Developersll, Whereas, Developers are the e~~itable owners under a contract for deed and Peggy Herman, also known as ?alagia Herman, single, is the ~ fee owner and vendor under said contract for deed of property in Hennepin County, Minnesota legally described as: That part of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of section 25, Township 117, Range 23 described as beginning at the Southeast corner thereof, thence North along the East line 287.3 feet, thence West parallel with the North line a distance of 334.7 feet, thence North parallel ~ with the East line thereof to a point 330 feet South of the North line thereof, thence West parallel with the North line to the East line of the West 325 feet thereof, thence South along said West line to the South line thereof, thence East to point of beginning. And whereas ....vi tl1 the approval of the city of Shorewood said property is being divided into two parcels as follows: - 1 - Exhibit F Parcel A: The North 133.34 feet of the West 150.00 feet of the East 183.00 feet of the following described property: . That part of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 25, Township 117, Range 23 described as beginning at thB Southeast corner thereof, thence North along the East line 287.3 feet, thence West parallel with the North line a distance of 334.7 feet, thence North parallel with the East line thereof to a point 330 feet South of the North liTIe thereof, thence West parallel with the North line to the East line of the West 325 feet thereof, thence south along said West line to the South line thereof, thence East to point of beginning. . Parcel B: That part of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of section 23, Township 117, Range 23 described as beginning at the Southeast corner thereof, thence North along the East line 287.3 feet, thence West parallel with .the North line a distance of 334.7 feet, thence North parallel with the East line thereof to a point 330 feet south of the North line thereof, thence West parallel with the North line to the East line of ~he West 325 feet thereof, thence South along said West line to the South line thereof, thence East to point of beginning, except the North 133.34 feet of the East 183.00 feet ttereof. - 2 - , , Now therefore, Develope~s and said fee owner, hereby declare that said real property shall be held, sold and conveyed, subject to the following easement, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability of and which shall run with the real property and be binding on all of the parties having any right, title or interest in the described property or any part thereof, their heirs, successors and assigns in which shall enure to the benefit of each owner thereof. This ~ Declaration may not be amended without having first obtained the approval of the City Council of Shorewood. ~ There is hereby created an easement for driveway purposes over and across a South 20 feet of said Parcel. A for the benefit of both Parcels A a:\d B. The responsibility and cost for the care and maintenance of the driveway shall be shared equally by the owners of said Parcels A and B. To the extent that either owner shall pay more than that owner's 1/2 share of the cost and maintenance of the driveway, then that owner shall have the right to a claim of indemnification and/or contribution from the other owner for the amount in excess of 1/2. Care and maintenance of the driveway shall include but not be limited to blacktopping or sealcoating, repairing of potholes or other da~age, removal of debris or other obstructions, and removal of snow. - 3 - . . Neither party shall allow parking upon said easement in a manner which shall obstruct any portion of said easement being used by the other party. Either party may order snowplowing of the easement area but no other expense shall be incurred unless both parties agree in writing as to the costs thereof. . In witness whereof we have heraunto subscribed our names this day of I 1994. Warren E. McCurdy Barbara L. McCurdy Peggy Herman, aka Palagia Herman STATE OF MINNESOTA . COUNTY OF HENNEPIN ) ) 55. ) The foregoing instrument was acknowledged before me this ____ day of , 1994 by Warren E. McCurdy and Barbara L. McCurdy, husband and wife, and Peggy Herman, also known as palagia Herman, single. Notary Public This instrument was drafted by REED & POND, LTD., 5424 Shoreline Drive, P.O. Box 91 Hound, !1N 55364-00091 (612) 472-2222. - 4 - MEMO TO: Mayor Barb Brancel and Shorewood City Council DATE: February 3, 1993 ~ FROM: James C. Hurm SUBJECT: Schedule for Rental Housing Code inspections and closing of Sump Pump Inspection Program. Per Mayor Brancel's telephone request the following is the schedule for the Rental Housing Code Inspections Program: . January 1 Information packet prepared and mailed (We may not have a record of some rental units ....please review the list, that was sent under separate cover, to see if you are aware of any that we may have missed). License applications due at city Hall. . Nov/Dec January Joe Pazandak indicated that snow cover makes it impossible to inspect roofs, walks, yards etc. Brad & Joe feel it is important we wait for a month or so to do these inspections. This causes coordination problems with the sump pump inspection program which we scheduled to complete by February 28. These 2 inspections were to be done together for efficiency and cost saving reasons. . I intend to recommend to the City Council that an extension of one quarter (3 months) be given for inspecting sump pumps at rental units as well as at houses whose owners are gone for the winter months. The intent of this program was to get compliance. These two groups will not have had an opportunity to be inspected so their surcharge of $100 per month should not be charged. As planned, those who have had an opportunity for inspection but compliance cannot be verified by March, will receive the additional charge on this next quarter bill. Rental units sum pump inspections will be done along with the regular inspection during the March/April period. Doing the rental inspections in March/April has two advantages: 1) reduced snow cover for exterior inspections; and 2) building activity is down during road restrictions. Remember we are trying to implement the rental housing code without adding more staff. Home owners who are gone during the winter months would have until the end of May to have us inspect there sump pumps before the surcharge is added to their utility bill. cc Brad/Joe II CHECK APPROVAL LISTING FOR FEBRUARY 28, 1994 CK NO TO WHOM ISSUED PURPOSE CHECKS ISSUED SINCE FEBRUARY 11, 1994 13196 13197 13198 13199 13200 13201 13202 13203 13204 13205 13206 13207 13208 13209 13210 .13211 3212 13213 13214 13215 13216 13217 13218 13219 13220 13221 13222 13223 13224 13225 13226 13227 <<3228 ~3229 13230 13231 13232 13233 13234 13235 13236 13237 13238 13239 13230 13231 13242 13243 13244 13245 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) Wendy Davis First State Bank Metro Waste Control Patricia Helgesen Mike MaIm Commiss of Revenue Pera ICMA Retirement Trust AFSCME Local #224 Child Suppt Enforcemt Anoka cty supt/Collctn Airsignal, Inc. Aspen Publishers, Inc. Dept of Natural Resrces Deputy Registrar #59 Fina Fleet Fueling Govt Training Service Metro Waste Control Cellular Telephone Co. Minncomm Paging Munici-Pals Northern States Power Pepsi Cola Co. Kenneth Potts Sensible Land Use Coaltn Superamerica City of Tonka Bay US West WMI Services of Mn Thompson Plumbing Bellboy Corporation Boyd Houser Candy/Tobacc Copier Alternatives Day Distributing East Side Beverage Co. Hoops Trucking Johnson Brothers Liquor Mark VII Mn Bar Supply Ed Phillips and Sons Thorpe Distributing Val-pak US Postmaster Govt Training Svc City cty Credit Union Bradley Nielsen Harold Dircks Joseph Pazandak Wendy Davis Patricia Helgesen Sec 125 reimbursement Payroll deductions Jan payment Sec 125 reimbursement Sump pump inspections Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Beeper services Planning guide Well permits Truck license renewals Gasoling purchases Conf regist-Naabe Jan sac charges Cellular phone air time Beeper services 1994 dues utilities Pop machine rental Jan prosecutions 1994 dues, sem regist-Nielsen Gasoline purchases 4th qtr water/sewer Telephone svcs Waste removal Permit refund Liquor purchases Misc and supplies purchases Copier maint contract Beer purchases Beer and misc purchases Liquor and wine purchases Wine purchases Beer and misc purchases Misc and supplies Liquor and wine purchases Beer and misc Advertising Parks mailing Land Use Wkshp-D Malam Payroll deductions Sec 125 reimbursement Parks mileage Mileage and photos Sec 125 reimbursement Sec 125 reimbursement TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- AMOUNT 84.60 6,224.37 34,570.91 430.00 2,067.80 1,005.22 1,998.25 641. 57 138.95 92.50 167.33 9.58 26.20 250.00 175.50 321.11 130.00 1,584.00 10.92 14.38 10.00 2,402.22 17.29 1,458.33 100.00 316.59 395.54 369.35 374.75 217.50 1,109.94 1,276.52 30.00 923.45 3,704.65 123.20 194.44 3,828.33 55.39 348.62 5,934.10 450.00 69.46 75.00 285.00 100.00 31. 03 77.29 140.00 73.40 56,455.94 17,978.64 74,434.58 CITY OF SHOREWOOD CHECK APPROVAI_ I_1ST FOR FEBRUARY 28. 1994 MEETING CHECK~ VENDOR NAME DESCRIPTION DEPT_ AMOUNT --------- ----.---------.------------ --------,.---------------- -------- -.---------.-. 13255 At1ERTC~\N N~nIONAL R{~NK BOND FEE ~JATER DE 50.00 12,256 ARnJOI~KS COUNCIL. PIC FRAt"iH-1G COUNCIl.. 72.4,<:., 13257 CARGILL SALT DIVISION SALT FOR ICE CONTROL SNOW & T 1.574.05 13258 CONTACT l"iORILE Cm'it"iUNTC. FU~DIO {~NTEt-J.r"E{~ PL.IB I/JKS 5.97 13259 CROSSTOWN-OCS~ INC_ COFFEF=' ~:)UPPL I ES r1l.JN BL DG 70.50 13260 ERICKSON. ROLF E_A. MAR PAYMENT (~SSESSTNG SUPPL lES *** TOTAL FOR ERICKSON. ROLF E_A_ PROF SER 3,230.00 PROF SER 144_33 3.2,74.33 13261 FEED-RITE CONTROLS. INC_ DEMURRAGE CHG IJ,IATER DF 10._ 13262 GME CONSUlTANTS. TNC_ PLANNING SVCS RENDERED PF?o.JECTS 1.,500 _ 00 13263 GOPHER STATE ONE-CAll. TN ONE CALI.. SVCS WATER DE 1.12 ONE CALI.. SVCS ~3F:IJJFr.;o DE 1. . 1 ~3 *** TOTAl.. FOR GOPHER STATE ONE--CAl.. 2.25 13264 J_H_ LARSON ELECTRICAL CO HOCKEY RINK I_IGHT BULBS PARKS & ~301._(,1 13265 KAR PRODUCTS SHOP SUPPLIES CITY GAR 15(L 89 13266 LABOR REL.ATIONS ASSOC_ SVCS RENDERED ADti IN 7_~,9. 00 13267 MANN MADE PRODUCTS Tf';'I...lCK PAFHS PUR 1,lIKS 76_05 13268 METRO WASTE CONTROL COMM. MARCH PAYMENT SF~JER OF 34.570.<. 17':2(:,9 CCWir1 I SS I Oi"J.Fr-~ OF TR(.~NSPOF(T m::L AMP I NG S\/CS TRAF CON ""7.7 0() ,.1...") _ ..:. t.) 13'.:;'>70 r-iINNFSOT{~ DFPT OF HEAL.TH PLAN REVIEW FEES ~JA TFR OF 150_00 1~:S271 r1N POLL.UTION CONTF?OL AGCY SI/JR E)(TnJ.SION PERMIT SFI,..IER OF 240.00 13272 MN SUN PURLICATIONS PUBL.ISHING GEN GOVT 194_01 1?/?T:-S MTNr'.H:::TONKA PUBI.. Ie SCHOOL.S 1994 COMt1UNITY ED PRon P:0tr-~KS He 2,090.00 13274 MOPED WORLD PDI~Tf4BL.E PW'iP PA},;(TS PUR ~JKS 51 _ 5.<=:, L-S?IS r1UNITFCH, INC. M(~RCH PAYt1ENT MARCH P~Wr1FNT *** TOTAL. FOR MUNITECH, INC. WATER DE 3,720.00 SEWER DE 2.480.00 6,200.00 13277 PFPST-COl.A COMPANY POP SUPPL.IES CITY G(':)R 2,271 .50 MUN F:lI..DG {~)?.. f)~S PUB ~JKS 18.50 13276 PEER ENVIRONMENTAL. AND T ANi{ r'~EMOVAI.. PROJ 13278 RED WING"S MOBII_ SERVICE TIRE REPAIR -2- . -. CITY OF SHOREWOOD CHECK APPFi'O"'/(~L L 1ST FOR FEBRUARY 28. 1994 MEETING CHECK~ VENDOR NAME DESCF~ I PT I ON 13279 SEARS COMMERCIAL. CREDIT ~'3/4" SLIDE BAR 13280 SHOREWOOD TRUE VALUE SUPPLIES 13281 SO L_K MTKA PUB SAFETY DEP MARCH CONTRACT PAYMENT 13282 I;.)ATEf~PF<'O i,I.UHER l"iETER/SUPPL IES -i!!II' DEPT. i:4MOUt--jT CITY GAR 2{:,.61 19.9\<:, POL. ICE P 34.040.89 i,lJATER DE 499 _ 0\<:, 3.3283 WIDMER~ TNC_ REGENTS WTRMAIN BRK REPR WATER DE 2~.7.18.40 *** TOTAL CHECKS FOR APPROVAL **:(<: TOTAL CHECK APPROVAL LIST -3- 90.634.43 165,069.01 CHECK APPROVAL LISTING FOR FEBRUARY 28, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR FEBRUARY 22, 1994 PAYROLL 208146 (G) Lawrence Niccum 80.0 reg hours-1.5 ot 872.89 208147 Void 208148 (G) Lucia Adams 43.5 reg hours 281. 20 208149 (G) Randie Berg 34.0 reg hours 189.38 208150 (G) Charles Davis 80.0 reg hours-9.5 ot 797.29 208151 (G) Wendy Davis 80.0 reg hours-4.25 ot 858.22 208152 (G) Harold Dircks 80.0 reg hours 199.18 208153 (L) John Fruth 5.75 reg hours 33.99 208154 (G) Amy Grahn 36.5 reg hours 148.18 208155 (G) Timothy Heiland 18.25 reg hours 92.70 208156 (G) Patricia Helgesen 80.0 reg hours 661. 17 208157 (L) Shawn Hempel 11. 51 reg hours 61. 59 208158 (G) James Hurm 80.0 reg hours 1445.73 208159 (L) Brian Jakel 6.0 reg hours 33.84 208160 (G) Dennis Johnson 80.0 reg hours-9.5 ot 1006.41. 208161 (L) Martin Jones 18.75 reg hours 90.82 208162 (L) William Josephson 80.0 reg hours 505.99 208163 (L) Mark Karsten 5.0 reg hours 28.21 208164 (L) Sandra Klomps 8.0 reg hours 42.85 208165 (G) Douglas Koerting 18.5 reg hours 93.87 208166 (G) Jason Koerting 31.5 reg hours 165.17 208167 (G) Brian Kohout 53.25 reg hours 244.33 208168 (L) Susan Latterner 19.5 reg hours 109.97 208169 (G) Colleen Lindskoog 42.0 reg hours 251.99 208170 (G) Joseph Lugowski 80.0 reg hours-11 ot 1015.27 208171 (G) Theresa Naab 80.0 reg hours 782.71 208172 (G) Bradley Nielsen 80.0 reg hours 1030.87 208173 (G) Joseph Pazandak 80.0 reg hours 1066.30 208174 (G) Daniel Randall 80.0 reg hours-9.5 ot 1019.24 208175 (G) Jerome Rice 63.5 reg hours 309.61 208176 (G) Alan Rolek 80.0 reg hours 1262.12. 208177 (L) Brian Rosenberger 8.0 reg hours 35.12 208178 (L) Christopher Schmid 80.0 reg hours 401.07 208179 (G) Howard Stark 80.0 reg hours 735.05 208180 (G) Beverly Von Feldt 80.0 reg hours 625.92 208181 (G) Ralph Wehle 80.0 reg hours-9.5 ot 858.92 208182 (L) Dean Young 80.0 reg hours 640.97 208183 (G) Donald Zdrazil 80.0 reg hours 1187.93 TOTAL GENERAL 17201.~ TOTAL LIQUOR 1984.42 TOTAL PAYROLL 19,186.07 -4- ~ .~-,. . .. MAYOA Sarb Srancel COUNCI L Kri$ti StoVer ReO Oaugherty Oaniel I..ewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council Brad NielsenlJim Hurm ., \ FROM: DATE: 3 January 1994 RE: Comp Plan - City Water 405 (Comp Plan - Comm. Fac.) FILE NO.: . Based upon the direction given at the joint meeting between the Planning Commission and City Council, staff proposes to redraft portions of the Community Facilities Chapter of the Comp Plan Update which deal with municipal water. First, it has been suggested that the issues section of the Chapter be redrafted to more fully describe the problems with the City's system as it currently exists. The revised text will elaborate a bit on the various issues which were studied two years ago (i. e. extensions to new and existing development, depreciation of the system, escalating operation costs, etc.). The concensus of the Planning Commission and Council is to establish a goal for extending municipal. water to the entire city within 10 years. To accomplish this goal, staff has identified certain basic areas of decision which must be addressed to improve the feasibility of a citywide system: Water Policies 1. Properties get assessed when the water line goes by (no deferrals). 2. Hook up required within one year. Three years? 3. Budget for capital improvements in general fund. 4. Flat rate assessments on unit basis (Le. all lots, regardless of size, pay the same assessment) . IA A Residential Communit'l on Lake Minne,:onka's South Shore r. Re: Comprehensive Plan City Water 3 January 1994 The Comprehensive Plan is considered the most appropriate forum in which to address City water. In addition to setting forth the goals, policies and plans for a municipal system, it puts this issue in context with the other elements of community development (Le. streets, land use and natUral resources). It also involves a public review process which provides for scrutiny and input from the residents of the community. . Following is a tentative schedule for completion of the Comprehensive Plan Update and a subsequent public review process: February - begin review of Land Use and Natural Resources Chapters March ~ finalize Land Use and Natural Resources Chapters - ~scuss revised Community Facilities Chapter re: city water - joint meeting of Planning Commission and Council April - conduct a series of neighborhood meetings (perhaps 4 to 8) May - discuss revisions to Plan based upon public input June - hold a public hearing and adopt Comp Plan Update subject to review by Metropolitan Council Even beyond this process the City would need to hold one, or more . likely , a series of special assessment public hearings following preliminary design and before full design. It is likely that the earliest construction could reasonably begin is Spring 1995. . . It is iniportant to recognize that there really is no "point of no return" until the pipe is in. * The proposed goal is to extend water to the entire city within 10 years. Even if the Ci.ty decided to move that up. to 3 years as had been discussed' 2 years ago, very little.pipe.could be in the ground before 1995. . Consulting fees are estimated to be $2000 legal, $3000 financial, and $10,000 engineering just to get us to a special assessment. hearing. *These funds should be set aside in advance, especially if they are to be spent all in one year. * Remember, we didn't even get to the special assessment hearing stage two years ago. 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