93-033
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RESOLUTION NO. 33 -93
A RESOLUTION SETTING FORTH FINDINGS AND NEGATIVE DECLARATION
IN THE MATTER OF GIDEON'S WOODS
ENVIRONMENTAL ASSESSMENT WORKSHEET
WHEREAS, Katter Development submitted an application to the City of Shorewood
to develop a residential subdivision consisting of relocating the existing house, adding on
accessory apartment and construction of eight (8) two-family dwellings for a total of eighteen
(18) units (the Project); and
WHEREAS, the Project is located at 24590 Glen Road; and
WHEREAS, Minnesota Rules Chapter 4410 provide the procedures for environmental
review; and
WHEREAS, Minnesota Rules Part 4410.4300, Subp. 31 provides for the mandatory
preparation of an Environmental Assessment Worksheet (EA W) for (the potential) destruction
of a property that is listed on the National Register of Historic Places; and
WHEREAS, the Shorewood Planning Commission reviewed the EA W and the
comments at a public meeting held on 16 March 1993; and
. WHEREAS, the City of Shorewood has considered the procedures and criteria for
deciding whether the Project has the potential for significant environmental effects as defined
in Minnesota Rules Part 4410.1700, Subp. 7; and
WHEREAS, the EA W has been mailed to the Minnesota Environmental Quality
Board (EQB) and to all persons and agencies on the official EA W distribution list. The
EA W was published in the EQB Monitor on 1 February 1993. The thirty (30) day comment
period was scheduled to expire on 3 March 1993; and
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WHEREAS, comments to the EA W have been received from:
1. Environmental Quality Board (Gregg Downing)
2. Department of Natural Resources (Thomas Balcom)
3. Minnesota Historical Society (Dennis Gimmestad)
4. Descendant of Peter Gideon (Mark Gideon)
5. Shorewood resident (Laura Turgeon)
6. Shorewood resident (Kathie Harrison)
7. Shorewood resident (Dave Turgeon)
8. Pollution Control Agency (paul Hoff)
9. Shorewood resident (Matt Harrison)
10. Minnesota Landscape Arboretum (Peter Olin)
11. Indian Affairs Council (Earl Sargent)
12. Metropolitan Council (Dottie Rietow); and
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WHEREAS, the Shorewood City staff reviewed the EA W comments and prepared
responses in a memorandum dated 12 March 1993, attached as Exhibit A; and
WHEREAS, the Project does not have the potential for significant environmental
effects as defined in Minnesota Rules Part 4410.1700, Subp. 7;
NOW, THEREFORE, BE IT RESOLVED, based upon the plans, reports, testimony,
comments and responses considered by the City of Shorewood, as well as the findings
defined in this document, the City Council of the City of Shorewood, acting as the
Responsible Governmental Unit (RGU) for the EA W, concludes as follows:
A. The preparation of an Environmental Impact Statement (EIS) on the Project is
not required or recommended.
B. The City may proceed with the review and consideration of the permits to
allow construction of the Project in compliance with the rules of the Minnesota
Environmental Review Program and in conformity with the Minnesota
Environmental Policy Act.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 22nd day of March, 1993.
ATTEST:
es C. Hurm, City Administrator/Clerk
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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:
12 March 1993
RE:
Gideon's WoodsP.U.D. - Response to E.A.W. Comments
FILE NO.:
405 (92.26)
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- _ As you are a~are an Environmental Assessment Worksheet (E.A.W.) was required to be
prepared for the Gideon's Woods P.U.D. due to the site's listing on the National Register of
Historic Places. The 3D-day comment period for the E.A.W. extended from 1 February to
3 March 1993. The City must now review the comments and make a determination as to the
need for further environmental review.
The following materials are attached for your review:
. Attachment 1 - The E.A.W. Process
. Attachment 2 - Environmental Assessment Worksheet (E.A.W.)
. Attachment 3 - Notice of Environmental Review - Press Release
. Attachment 4 - E.A.W. Distrib.ution List
. Attachment 5 - Comments on Gideon's Woods E.A.W.
. Attachment 6 - City Engineer's Report
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The purpose of the E.A.W. is to determine the need for further environmental review
through an Environmental Impact Statement (E.I.S.). As provided on page 15 of Attachment
1, "An E.I.S. shall be ordered for projects that have the potential for significant
environmental effects." Page 15 goes on to list criteria for making the decision.
A Residential Community on Lake Minnetonka's South Shore
ATTACHMENT A
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Re: Gideon's Woods P.U.D.
Response to E.A.W. Comments
12 March 1993
In making its decision the City is obligated to make specific written responses "to each
substantive and timely comment received on the E.A.W.". A number of the comments
. received (Attachment 5) raise technical questions which City staff will attempt to answer.
The Planning Commission and City Council are urged to review all 12 of the letters
contained in Attachment 5. Staff has attempted to sort through the letters and identify
comments which are pertinent to the E.A.W. Following are responses to those comments:
#3 - Minnesota Historical Society. The decision to remove the site from the National
Register is subject to federal regulations. The City needs to decide if removing the site from
the Register will have significant effects and, if so, will relocating the house on its site
mitigate those effects.
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The developer is prepared to provide information disputing the historic listing of the
property. They will ask the Historical Society to send' a representative to the Planning
Commission meeting on 16 March to respond to their findings.
With respect to an archeological survey, the developer has agreed to hire a qualified
archeologist to determine the possible location of Indian mounds on the site (this will be
discussed in more detail later in this report). Possibly the archeological survey could be
conducted by the same individual conducting the Indian mound investigation.
#4 _ Mark Gideon. A response to Mr. Gideon's concern about destruction of the site would
be the same as the Historical Society response. Again, does relocating the home on its site,
making it more visible to the public, and enhancing the historic monument mitigate the
environmental effect?
Indian mounds have been documented in the vicinity of the subject property. Prior to any
work commencing on the project the developer will hire a consultant archeologist approved
,by the Indian Affairs Council to determine the location of any mounds on the site.
Preservation of the mounds will be coordinated with the Indian Affairs Council and the
Minnesota Historical Society pursuant to the requirements of Minnesota Statutes Chapter 307
(Private Cemeteries).
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#5 - Laura Turgeon. The project consists of 18 units. Initially the developer proposed to
remove the existing home and build nine twinhomes. In response to resident concerns about
the historic value of the house the developer now proposes to relocate and preserve the house
on the southwest corner of the site, add.an apartment to it and build eight twinhomes on the
remaining acreage - a total of 18 units.
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Re: Gideon's Woods P.U.D.
Response to E.A.W. Comments
12 March 1993
The Department of Natural Resources has addressed the issue of wildlife in their 12 February
comment letter (#2). With respect to the wetland area to the north and west of the subject
site, drainage from the project will be conducted to a new pond before draining to the
wetland. The pond will be designed to National Urban Runoff Program (NURP) standards.
Design and capacity of the pond has been addressed under separate cover by the City
Engineer (Attachment 6).
The number of acres "lost" refers to wildlife habitat. Approximately three acres of the 4.7-
acre site is considered as potential habitat. Approximately 1.4 acres of that wooded area will
remain after the site is developed.
Once a preliminary plat has been prepared, more getailed calculations will be made relative
to impervious surface on the site. The site must be designed so that impervious surface does
not exceed 25 percent of the site area.
Runoff calculations have been prepared by a registered civil engineer, reviewed by the City
Engineer and must be approved by the engineers at the Minnehaha Creek Watershed District.
Additional calculations will be required as plans are finalized.
. Maintenance of drainage facilities is the responsibility of the City.
Detailed traffic projections have been addressed by the City Engineer under separate cover
(Attachment 6).
NURP standards provide for gradual side slopes for the detention pond. Pond design will be
addressed in more detail by the City Engineer at the Planning Commission meeting. The ..
City's policy has been to design detention ponds with gradual side slopes. Neither ponds or
wetlands are required to be fenced.
While the developer undoubtedly would have liked to have avoided ail E.A.W., relocation of
the house still requires an E.A. W.
The DNR Forestry Division referred us to Mike Zins at the Minnesota Landscape Arboretum
for information on the life expectancy of apple trees. Hopefully this information will be
available for Tuesday night's Planning Commission mee~ing. If the project is ultimately
approved, it has been recommended that apple trees be included in their landscape plan.
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Re: Gideon's Woods P.U.D.
Response to E.A.W. Comments
12 March 1993
#6 - Kathie Harrison. See response to Historical Society and Laura Turgeon re: removal of
home from the National Register. See City Engineer's report re: stormwater runoff. See
response to Laura Turgeon re: maintemiilce of drainage facilities. See DNR comment letter
re: wildlife habitat. See City Engineer's report re: traffic projections. Regardless of the
outc'ome of the project the City should review turning movements at Glen Road with the
Hennepin County Transportation Department. Zoning and site designs have been addressed
as part of the original public hearing for the P. U.D. Driveway design will meet all
applicable City, State and County design requirements.
#7 - Dave Turgeon. Staff recommended early in the review process that the historic
significance of the site be addressed by the Historical Society. Although we had no response
by the public hearing on the P.U.D., presumeably they would have identified the need for an
E.A.W.
See response to Laura Turgeon re: description of project.
An E.I.S. is not automatically required by removing the house. The City makes that
decision after reviewing the E.A.W.
. Despite its current use as'a trail, the railroad r.o.w. is owned by the Hennepin County
Regional Railway Authority. Although there is considerable question as to. when, or even if,
it would be used, the H.C.R.R.A. acquired the r.o.w. for light rail transit purposes.
See DNR comment letter re: wildlife.
See City Engineer's report re: surface water runoff.
Proximity of the detention pond to County Road 19 will be reviewed by the Hennepin
County Transportation Department.
See City Engineer's report re: traffic.
#8 - Minnesota Pollution Control Agency. The detention pond will be designed to NURP
standards.
#10 - Minnesota Landscape Arboretum. See response to Minnesota Historical Society et. al.
Perhaps if the project goes forward, representatives of the Arboretum would be willing to
consult with the City relative to a landscape plan which symbolizes the work and
achievements of Peter Gideon. .
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Re: Gideon's Woods P.U.D.
Response to E.A.W. Comments
12 March 1993
#11 - Indian Affairs Council. See response to Mark Gideon and Laura Turgeon re: Indian
mound investigation.
#12 - Met Council. The detention pond will be designed to NURP standards.
In view of the amount of information to be studied and the deadline for responding, please
call me if you have any questions or the material or the process.
BJN:ph
cc:
Jim Hurm
Joel Dresel
Tim Keane
Fred Katter
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3/23/93
Please note that Resolution No. 33-93 has a file in the Fire Proof
Safe - "PERMANENT RECORDS ATTACHMENT" - title: "Resolution No.33-93.
The Attachments 1-6 are located in this file which is PERMANENT CITY
RECORDS. . . . . .
On recommendation of the City Attorney Tim Keane.
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Lai ., De~uty Clerk
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