022805 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 28,2005
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
B. Review Agenda
Mayor Love _
Lizee
Turgeon _
Callies
Wellens
2. APPROVAL OF MINUTES
A. City Council Special Meeting, February 14, 2005 (Att. -Minutes)
B. City Council Regular Meeting Minutes, February 14,2005 (Att.- Minutes)
C. City Council Work Session Minutes, February 14, 2005 (Att. - Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. Staffing - No action required
C. Setting License, Pennit, Service Charges and Miscellaneous Fees (Att. - Administrator's
memorandum, Draft Ordinance, Resolution)
D. Set Date for Public Information meeting for Radisson Road/Covington Road (Att. - Public
Works Director's memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENTATIONS
A. 2004 Year-End Ryport on the Southshore Senior Community Center by Joyce Flury (Att.-
Southshore Center Report)
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CITY COUNCIL AGENDA - FEBRUARY 28, 2005
PAGE20F2
6. PUBLIC HEARING
7. PARKS
8. PLANNING - Report by Representative
A. Conditional Use Pennit for Fill In Excess of 100 Cubic Yards (Att.-Planning Director's
memorandum; Draft Resolution)
Applicant: Martin Davis
Location: 26310 Birch Bluff Road
B. Zoning Ordinance Amendment Regarding Temporary Signage (Att.-Planning Director's
memorandum; Draft Ordinance)
C. Shorewood Village Center Amendment (Att.-Planning Director's memorandum)
Applicant: Shorewood Village Shopping Center
Location: 23470 - 23780 Highway 7
D. C.u.P. Amendment for Buildings at the Cemetery of the Resurrection (Att.-Planning
Director's memorandum)
Applicant: St. John the Baptist Church
Location: 5555 Covington Road
9. GENERAL/NEW BUSINESS
A. Park Commission Appointments (Att. - Administrator's memorandum, Resolution)
B. Hennepin County No Smoking Ordinance (Att. - Administrator's memorandum,
Resolution)
C. Request for Temporary Parking Restriction on Portion of Birch Bluff Road (Att. _
Planning Director'slEngineer's memorandum)
D. Approval of the 2005 Work Program/Goals and Priorities (Att. - Administrator's
memorandum)
10. ENGINEERlNGIPUBLIC WORKS
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
B. Mayor & City Council
12. ADJOURN
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
February 28,2005
TO:
Mayor and City Council Members
Jean Panchyshyn, Deputy Clerk ~
FROM:
cc:
Craig W. Dawson, City Administrator/Clerk
Bonnie Burton, Finance Director
RE:
Correction to Agenda Item #3C
February 28, 2005 City Council Meeting
Please note the following correction to be made on page 3 of the Draft Ordinance for Fees
Water Service Rate
should read $35.00/qtr 1st 10,000 gallons...
This fee change had been approved by Resolution No. 04-108 at the December 13,2004, City
Council meeting. This change was inadvertently left off of the Draft Ordinance. The corrected
page 3 of the Draft Ordinance is attached.
...
~~ PRINTED ON RECYCLED PAPER
TYPE OF
CHARGEIFEE
CITY CODE
REFERENCE
904.09.5
904.18.3
Sanitary Sewer Surcharge
Local Sewer Avail. Charge
Water
Water Connection Permit
Inside
Outside
Water Meter - 3/4"
3/4" Horn
1" Meter
1" Horn
I" Pressure Reducing Valve
11/2" Meter (w/flanges) 903.03.lb(2)
2" Meter (w/flanges) 903.03.lb(2)
1 1/2" Pressure Reducing Valve
2" Pressure Reducing Valve
Late Meter Reading Fee
Meter Test
Water Service
903.03.1a
903.03.1b(2)
903.08.6
903.08.4
903.09.1a
Water Service - Low Income
Water Turn-on & Shut-ofIFee
Base Water Special Assessment (R)
Water Trunk Charge (T)
Water Connection Fee
903.09.la(I)
903.04
903.18.03
903.18.06
903.03.3
Water Supply - Research of Properties
Stormwater Management
Storm Water Drainage Utility
Residential Equivalent Factor
Basic System Rate
905.03
Reeve/ing
Residential Recycling Fee
Recycling Containers
Wheel-eez
IV. MISCELLANEOUS FEES AND CHARGES
Special Assessment Search
Mailed Minutes (nonresident)
CHARGE/FEE
100.00/mo
1,200.00
50.00
60.00
90.00
30.00
170.00
55.00
85.00
Cost plus 10%
Cost plus 10%
Cost plus 10%
Cost plus 10%
5.00
80.00
~O:OO$.1~!.Q9./qtr 1'110,000 gallons, plus $2.95Iper
1,000 gallons in excess of 10,000 gallons up to
50,000 gallons, and $3.75 per 1,000 gallons in
excess of 50,000 gallons per quarter
15.00/qtr minimum
50.00
5,000.00
10,000.00
Connection fee shall be the same as the
amount specified in Section 903.18, subd.6.a. less any
amounts previously paid for trunk water improvements
as special assessments or for trunk charges at the time
of subdivision of land pursuant to Section 903.18
Subd.6.a.
75.00
3.53/qtr lots less than 10,000 sq ft.
5.04/qtr lots 10,000-50,000 sq.ft.
6.56/qtr lots 50,000+ sq.ft.
1. 75/mo/household
8.00 after 1st container
10.00 each
15.00
75.00 annual
.25/page/individual
City of Shore wood - Page 3
Rev. 02/25/0502/23/05
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
Executive .Summary
Shorewood City Council Regular Meeting
Monday, 28 February 2005
Agenda Item #3B:
Staffing - no action required
Agenda Item #3C: At the February 14 City Council meeting, Council.approved proposed
changes to various building, zoning, and land use fees. As fees are to be set by
Ordinance, the attached Ordinance ~stablishes the license, permit, service charges and
miscellaneous fees, which includes the proposed changes approved at the February 14
City Council meeting. These changes are noted on page 5 of the draft Ordinance, with
deletions show in strike-out and the new, proposed fees underlined. Council action
includes approval of an Ordinance establishing license, permit, service charges and
miscellaneous fees, and approval of a Resolution authorizing publication of said
Ordinance by title and summary.
.
Agenda Item #3D: At the February 14, 2005, City Council meeting, Mr. Chuck Rickart ofWSB
and Associates presented four alternatives for safety improvements to Radisson Road.
Council directed staff to reconsider alternatives to closing or modifying the east end of
Radisson Road at the intersection with Covington Road. Staff has commenced with
developing additional alternatives, and is recommending that a Public Information meeting
be scheduled with notice of the meeting to be sent to the residents ofRadisson Road and
Covington Road. Staff is recommending Council approve a motion scheduling the Public
Information Meeting for Monday, April 4, 2005, from 6:30 p.m. - 7:30 p.m.
Agenda Item #5A: Joyce Flury will be present this evening to provide the 2004 year-end
report on the Southshore Senior Community Center.
Agenda Item #8A: Martin Davis has requested a conditional use permit to place fill in excess
of 100 cubic yards on his property at 26310 Birch Bluff Road. This matter was tabled by
the Planning Commission pending resolution of items raised by staff. These items have
been resolved and the Planning Commission has voted unanimously to recommend
approval. A draft resolution is included in your packet.
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'-~ PRINTEO ON RECYCLED PAPER
Executive Summary - City Council Meeting of 28 February 2005
Page 2 of3
Agenda Item #8B: The Planning Commission held a public hearing to consider an
amendment to the Zoning Code that would provide for temporary signs for new
businesses. This would allow time (30 days) for the business to have its permanent sign
constructed. Applicants would apply for the temporary sign permit in conjunction with
their permanent sign application. The Commission voted unanimously to recommend
approval. A draft ordinance is included in your packet.
Agenda Item #8C: Shorewood Village Shopping Center is undergoing remodeling that would
create additional tenant bays on the very south end of the building, facing Highway 7.
This necessitates a revision to their conditional use permit for multiple signage. They
also hope to incorporate the temporary sign provision proposed in #8B into their plan.
The Planning Commission voted unanimously to recommend approval of the revised
C.U.P. Staff should be directed to prepare a resolution for the next Council meeting.
Agenda Item #8D: Last year St. John the Baptist Church received a conditional use permit
approving a master plan for the Cemetery of the Resurrection on Covington Road, south .
of Highway 7. The plan included two future mausoleum structures. They now proposed
to build one of the mausoleums, in a slightly different (but better) location on the
property. They also propose to build a new maintenance building on the north end of the
property. The Planning Commission voted unanimously to approve the C.u.P., subject to
staff's recommendations. It should be noted that there was some discussion regarding the
desirability of restrooms in the building. Church representatives are not proposing
restrooms, since the site does not have sewer service. Nor is this required by the Building
Code. Staff should be directed to prepare a resolution for consideration at the next
meeting.
Agenda Item #9A: Appointments to two positions on the Park Commission are in order. Both
terms will run through February 29,2008. Appointments are made with approval of the
resolution.
Agenda Item #9B: Hennepin County has adopted a "smoke-free ordinance" for food .
establishments throughout the County. Hennepin County is willing to enforce the
ordinance through its Human Services Department. The City may adopt an ordinance at
least as restrictive as the County's, and do its own enforcement. Most cities in Hennepin
County are opting for enforcement by the County, the SLMPD is recommending that its
member cities take action for County enforcement, and the other three member cities
have acted or will have staff recommendation for County enforcement. Your staff is
recommending likewise. A resolution for County enforcement, as required in its
ordinance, has been prepared for Council approval.
Agenda Item #9C: We have a received a request for no parking signs on Birch Bluff Road,
during construction on three adjacent properties on the north side of the street. Staff has
reviewed this request and recommends a temporary parking restriction (1 May 05 to 1
May 06) on the south side of the street for a distance of approximately 820 feet. This will
allow contractor vehicles to park on the north side of the street in front of the properties
that are being worked on. Staff has notified affected property owners that this will be
considered and that, while not a public hearing, their comments would be considered on
.;
.
.
Executive Summary - City Council Meeting of 28 February 2005
Page 3 of3
Monday night. A draft resolution authorizing the parking restriction is included in your
packet.
Agenda Item #9D: Council reviewed a draft of the 2005 Work Program/Goals and Priorities
at a February 14 work session. Items and timeframes have been added as requested by
Council. Approval, with any modifications, can be made by simple motion.
.
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CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY, FEBRUARY 14, 2005
5755 COUNTRY CLUB ROAD
CITY HALL CONFERENCE ROOM
5:45 P.M.
MINUTES
, A. C~\'
D Rj~ I
1.
CONVENE SPECIAL MEETING
Mayor Love called the meeting to order at 5:45 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Lizee, Turgeon, Call1ies, and Wellens
Absent:
None
B.
Review Agenda
Mayor Love reviewed the Agenda and asked if the Councilmembers had any changes and there were none.
2. INTERVIEW CANDIDATES FOR CONSIDERATION OF APPOINTMENT TO THE
SHOREWOOD PARK COMMISSION AND PLANNING COMMISSION
The following candidates were interviewed for consideration of appointment to the Park Commission and
Planning Commission:
A. 5:45 p.m.
B. 6:00 p.m.
C. 6: 15 p.m.
D. 6:30 p.m.
E. 6:45 p.m.
David Meyer, 19675 Chartwell Hill
Richard Woodruff, 4485 Enchanted Cove
Sarah E. Meyer, 19625 Sweetwater Curve
John Moonen, 25560 Smithtown Road
Robert Gagne, 24840 AmIee Road
Planning Commission
Planning Commission
Planning Commission
Park Commission
Planning Commission
3.
OTHER
There was no other business for discussion.
4. ADJOURN
Turgeon moved, Callies seconded, adjourning the City Council Special Meeting of February 14,
2005, at 6:57 P.M.
ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator
-4- -) J1
--tr (.?\ n
~
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 14, 2005
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
r~l..
r-
i
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7 :00 P.M.
A.
Roll Call
Present:
Mayor Love, Councilmembers Callies, Lizee, Turgeon and Wellens; Attorney Keane
(arrived 7:01 P.M.); Engineer Brown, and Planning Director Nielsen
Absent:
Administrator Dawson and Finance Director Burton
B.
Review Agenda
Mayor Love reviewed the Agenda for the meeting, noting Director Nielsen would be the Acting City
Administrator for this meeting.
Turgeon moved, Lizee seconded, Approving the Agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Work Session, January 24, 2005
Wellens moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of
January 24, 2005, as presented. Motion passed 5/0.
B.
City Council Regular Meeting Minutes, January 24,2005
Wellens moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of January
24, 2005, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Turgeon moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein:
A. Approval of the Verified Claims List
B. Staffing - No action required
C. Adopting RESOLUTION NO. 05-011, "A Resolution Approving Licenses for Tree
Trimmers. "
D. Approval of Request from Lake Minnetonka Wells Fargo Half Marathon to traverse
the City on Sunday, May 1, 2005
1tJ,8
CITY OF SHOREWOOD REGULAR MEETING MINUTES
February 14, 2005
Page 2 of9
t
E. Adopting RESOLUTION NO. 05-012, "A Resolution Supporting the Application by
Senior Community Services for Community Development Block Grant (CDBG)
Funding from the Hennepin County Consolidation Pool."
F. Adopting RESOLUTION NO. 05-013, "A Resolution Declaring Adequacy for Public
Improvement for Michael Catain, 4550 Enchanted Point."
G. Approving a Sign Permit Request for Sign Lighting Maintenance and Electric (for
Cafe Lettieri's), 19215 State Highway 7."
H. Granting an Appeal for "Notice to Remove" for Tom Brausen, 25125 Glen Road.
I.
Approving a Motion Accepting Proposal for Professional Services - KLM
Engineering for Inspection Services of T-Mobile Antenna Installation located at 5500
Old Market Road.
.
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented.
5. REPORTS AND PRESENTATIONS
None.
6. PUBLIC HEARING
A. Fees for Land Use Applications and Permits
Mayor Love opened the Public Hearing at 7:04 P.M.
.
Acting Administrator Nielsen explained this matter was an annual review of fees handled by ordinance and
thus, a public hearing was necessary. He stated Staff had examined previous cases, noting the City wished
to recover the costs of expenses to process variances and other matters through the implementation and
collection of these fees. He went on to explain the City's fees were outdated in some instances and an
increase had been proposed in those fees. He also noted Shorewood's fee schedule, upon comparison with
other municipalities, was within an appropriate range for these fees as proposed.
Seeing no one present wishing to address this issue, Mayor Love closed the Public Testimony portion of the
Public Hearing at 7:08 P.M.
Mayor Love thanked Staff for the effort on this issue and stated he believed the review was appropriate.
Councilmember Callies agreed.
Wellens moved, Lizee seconded, Approving the Fees for Land Use Applications and Permits as
proposed. Motion passed 5/0.
CITY OF SHOREWOOD REGULAR MEETING MINUTES
February 14, 2005
Page 3 of 9
7. PARKS
A. Report on Park Commission Meeting Held February 8, 2005
Engineer Brown reported on matters considered and actions taken at the February 8, 2005, Park
Commission Meeting (as detailed in the minutes of that meeting).
B. Approval of a Monument Sign for Freeman Park Plaza
Engineer Brown reported Mr. Ken Dallman, President of the Shorewood Parks Foundation, and Mr. Peter
Knoll had appeared before the Park Commission at its February 8, 2005, meeting, to request approval of a
memorial sign for the Freeman Park Plaza. Mr. Dallman had described the memorial plaque as a 12" by
18" plaque that would be permanently fastened to a large rock approximately 24-36 inches in height.
.
Engineer Brown also noted that since weight restrictions would be enforced during the time period the
applicants wish to hold a dedication ceremony, the contractor for this project would need to place the rock
prior to March 1st or provide transportation that would meet the restricted requirements. He also noted the
Park Commission had recommended approval of this request unanimously.
Lizee moved, Callies seconded, Approving a Request for Placement of a Monument Sign for Freeman
Park Plaza as presented.
Mayor Love thanked all parties involved in this project, and while it had been a long process, he greatly
appreciated the efforts of the residents, Parks Foundation, City Commissions, and Staff in this matter.
Motion passed 5/0.
8. PLANNING
.
Commissioner Gagne reported on matters considered and actions taken at the February 1, 2005, Planning
Commission Meeting (as detailed in the minutes of that meeting).
9. GENERAL/NEW BUSINESS
A. Appointment to the Minnetonka Community Services and Education (MCES)
Advisory Council
Acting Administrator Nielsen explained this item had been continued from the January 24, 2005, Regular
City Council meeting. At that time, Council had requested clarification regarding appointments to be made
to the Minnetonka Community Services and Education (MCES) Advisory Council.
Tad Shaw, 5580 Shore Road, had expressed a desire to continue representing Shorewood on this Board for
the Year 2005. No other applicants had applied for this position.
Callies moved, Wellens seconded, Adopting RESOLUTION NO. 05-014, "A Resolution Making an
Appointment to the Minnetonka Community Education Services Advisory Board." Motion passed
5/0.
B. Revised Proposal for Process to Address SLMPD Issues
CITY OF SHOREWOOD REGULAR MEETING MINUTES
February 14, 2005
Page 4 of 9
Acting Administrator Nielsen explained all member cities of the South Lake Minnetonka Police
Department, as well as the SLMPD Coordinating Committee, had approved the latest process presented for
moving toward resolution of the remaining issues regarding the SLMPD budget and Joint Powers
Agreement (JPA). He explained all other member cities had authorized execution ofa letter to engage the
services of a facilitator with the exception of Shorewood. He requested Council consider this action.
Turgeon moved, Lizee seconded, Authorizing proceeding with the facilitated process to address the
member cities' issues regarding the South Lake Minnetonka Police Department.
Councilmember Wellens stated he remained hesitant to support this action as he thought the City of
Excelsior needed to explain its issues of concern ahead of entering the process for resolution. He stated he
was in favor of the process of bringing resolution to these issues in this manner; however, he could not
justify the expenditure of a facilitator without the City of Excelsior clearly identifying its issues.
Mayor Love stated he had waited a long time for clarification of the remaining issues, and he believed these .
issues would now be revealed as part of the facilitated process. He strongly encouraged Councilmember
Wellens to support this action for these reasons.
Councilmember Turgeon stated she understood the doubts of Councilmember Wellens; however, she was
hoping the City of Excelsior would not expend any more funds without clarification. She stated she was
very optimistic about this process of resolution, and she believed this action before the Council was a start
to bringing resolution long overdue. Mayor Love agreed.
Councilmember Wellens stated he struggled to understand the remaining issues of concern in this matter, as
there were many new members on each of the member cities' councils.
Mayor Love stated he fully respected the views ofCouncilmember Wellens in this matter.
Motion passed 5/0.
C.
Planning Commission Appointments
.
Acting Administrator Nielsen stated Council had interviewed several candidates for the openings on the
Planning Commission. He noted two seats were for a three-year tenn from March 1, 2005 through
February 29,2008; and one seat was for a two-year tenn from March 1,2005, through February 29,2007.
Callies moved, Turgeon seconded, Adopting RESOLUTION NO. 05-015. "A Resolution Making
Planning Commission Appointments," appointing Richard Woodruff and David Meyer to three-year
terms from March 1, 2005, through February 29, 2008; and Robert Gagne for a two-year term from
March 1, 2005, through February 28, 2007. Motion passed 5/0.
Mayor Love stated this was the first time in recent history that there were more applicants than positions
available. He stated he appreciated all residents that expressed an interest in these positions.
Councilmember Callies stated she, too, appreciated all the residents expressing a willingness to be part of
the Commissions as the positions would take a great deal of work and communication. She stated she
thought this type of response indicated that there was a strong sense of community within the City of
Shorewood.
.
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CITY OF SHOREWOOD REGULAR MEETING MINUTES
February 14, 2005
Page 5 of9
Motion passed 5/0.
10. ENGINEERING/PUBLIC WORKS
A. Appeal for Compensation for Sanitary Sewer Charges, 5590 Charleston Circle,
Water Street Homes, Inc.
Engineer Brown explained Staff had received a request for an appeal of a decision regarding compensation
from the City for the extension of a sanitary sewer service, constructed within the public right-of-way of
Charleston Circle. This service was to serve the newly constructed house at 5590 Charleston Circle. He
noted the property owner wished to secure a quick resolution to this matter for sale and closing on the
property.
Engineer Brown further explained the information supplied regarding this request indicated the contractor's
engineer had made an application to excavate and locate utilities for the site as part of the construction
process. The location of the utility service had been the responsibility of the design engineer for the
original plat dating from the late 1980's; however, once the excavation was underway, the utilities were not
in the location as planned. Engineer Brown stated there were no verification practices in place at the time
the land was platted, and while this was an unfortunate error on the City's part, it would not have had a
bearing on performing the sanitary sewer service connection as the homeowner was responsible for making
the connection to the street from the house. The contractor did not agree with City Staff in this matter, and
thus, had requested reimbursement in the amount of $3956.75. Engineer Brown stated City Staff had
reviewed the submitted invoice and believed there were certain items on the invoice that should not have
been included.
Mayor Love questioned whether a representative of Water Street Homes was present this evening to speak
on this matter. No one present indicated such a position.
Councilmember Wellens questioned whether it would be possible to seek recourse from the design
engineering firm responsible for the location of the sanitary sewer access for the project. Engineer Brown
indicated the firm still existed; however, it had been purchased by another firm and currently operated
under different ownership. Councilmember Wellens requested recourse be obtained through the engineering
firm.
In response to Councilmember Callies' question, Engineer Brown explained the current City sanitary sewer
ordinance put the cost of the connection of the service line to the main in the street upon the homeowner.
Mayor Love stated, in his professional experience, it was not uncommon to have difficulty locating the
sanitary sewer stub in new construction projects.
Due to the absence of a representative from Water Street Homes, and without objection from the Council,
Councilmember Turgeon requested this item be revisited as the last item on the Agenda for the evening in
order for a representative to appear at this meeting.
B. Radisson Road Presentation
Engineer Brown explained on December 2, 2004, the City of Shorewood hosted an open house/public
information meeting regarding safety and traffic concerns that had been brought to the City's attention via
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CITY OF SIIOREWOOD REGULAR MEETING MINUTES
February 14, 2005
Page 7 of 9
past to no avail, as it had stated no additional allocation of green time would be given to this signal.
Councilmember Turgeon stated this intersection would direct people to alternate roadways and perhaps a
review at this time would be beneficial.
Councilmember Callies stated she had received a phone call from Shorewood resident Paul Sifort regarding
a concern that the Radisson Road entrance could be utilized as a traffic turnaround point. Mr. Sifort stated
this would generate additional traffic in that area and he questioned how to protect the Radisson Road
entrance from becoming a thoroughfare.
Mayor Love then questioned whether there were any members of the audience wishing to address Council
on this issue.
Glen Kessel, 21095 Radisson Road, stated he was opposed to the one-way alternative as it would make it
very inconvenient for his family to go to Excelsior. He did not think traffic would be decreased as a result'
of this alternative and he supported the signage option.
.
Dennis Jabs, 20915 Radisson Road, stated he requested Council study this issue in 2000. He stated he had
lived at his residence for approximately 20 years, and acknowledged safety and cut-through traffic were the
biggest problems in that area. He believed Radisson Road acted as a frontage road in times of road
construction, snowfall, or accident on Highway 7. He also stated he was concerned the study had been
conducted on a single day one year ago when none of the factors he referenced had taken place; thus, the
study provided a small picture of the actual situation. Mr. Jabs also stated he thought the only way to
eliminate all concerns was to close the roadway at the top of the hill. Further, he stated the traffic study
provided a temporary fix at best, and it was in the wrong direction. He thought the analysis did not support
the one-way conclusion, and he then distributed a breakdown of comments related to each alternative,
noting the recommended alternative did not represent the wishes of the local residents in that area.
Kali Rogers, 20960 Radisson Road, stated she agreed with Mr. Jabs, but believed signage might help. She
also stated she thought the City should examine the possibility of blocking off the access to Radisson Road
from Brom's Boulevard as she did not believe the one-way alternative was going to prove beneficial.
. Roy Wagner, 21055 Radisson Road, stated he had not been present at the December public information
meeting on this topic; however, he had lived on Radisson Road for the past twenty years, and believed
traffic volumes had actually decreased over time. He did not think the alternatives proposed addressed the
safety issues presented, and he thought a one-way street in that area would simply complicate matters. He
suggested the City consider holding another public information meeting on the topic to secure additional
comments.
Councilmember Turgeon stated she did not believe the one-way option would solve the problems in that
area. Engineer Brown stated he believed cut-through traffic would be greatly discouraged with this
alternative as traffic would potentially be routed through Covington Road. He also stated that from an
operational standpoint in reviewing the situation, the preference would be to have the one-way be directed
westbound. However, to reconstruct the driveway that would be necessary would be difficult and
expensive, and thus the eastbound route was a forced option.
Councilmember Callies stated she thought there still remained several alternatives available including a
combination of alternatives presented. She stated she was uncertain the exact solution had been found at
this point in the process. Engineer Brown stated he thought the residents along Covington Road should be
CITY OF SIIOREWOOD REGULAR MEETING MINUTES
February 14, 2005
Page 8 of 9
made aware of the potential alternatives, in effort to consider potential impacts from those residents that
would be most impacted by any combination of alternatives including closure ofBrom's Boulevard.
Councilmember Lizee stated she did not believed signage would be beneficial in the long term; however,
she did think the eastbound one-way alternative in that area would be worth trying to determine resolution.
Councilmember Turgeon stated she was uncertain of the recommendations presented without the input from
the Covington Road residents.
Councilmember Callies stated she did not think the one-way alternative was the best solution, as it affected
the neighborhood's ability to move east- and westbound on this roadway, and it seemed Covington Road
would be quite involved as a route to be traveled. She thought there remained several additional options for
study.
Mayor Love stated he appreciated the time spent by Council on this issue and its process. He requested
another meeting take place including the Covington Road residents, and to continue to see other options
explored to answer the question of safety in that area. .
Engineer Brown stated he would continue to work through the alternatives presented to determine a
responsible combination, if possible. and would report back on the issue at the next Council meeting.
Item lOA: Mayor Love then returned to Item lOA for additional consideration, and noted there were
several options for Council consideration. He also noted there were no representatives from Water Street
Homes present this evening.
Councilmember Callies questioned whether the homeowner would be responsible for the extension of the
sewer main, and whether the homeowner would be obligated to find and pay for a connection to the main.
Engineer Brown responded affirmatively.
Turgeon moved, Wellens seconded, Denying the Request for Appeal for Compensation for Sanitary
Sewer Charges, 5590 Charleston Circle, Water Street Homes, Inc. Motion passed 5/0.
11. STAFF AND COUNCIL REPORTS
.
A. Administrator & Staff
1. County Road 19 Intersection
Engineer Brown stated he had exhausted all possibilities of finding a product that would adhere to the
roadway surface in the cold temperatures to enhance the centerline striping in the northbound lanes of
County Road 19. He also explained representatives of Hennepin County had declined other requests for
this striping due to the snowplowing efforts necessary in winter. He also noted meetings continued with
regard to utility location in the construction areas.
With regard to Gideon Glen, he believed communications had not adequately taken place with regard to the
impacts to Gideon Glen prior to construction of the drainage pond. To that end, he wanted to alert Council
and residents that trees would need to be removed near the Truffle Hill Chocolate location and would be
reforested at a later date.
.
.
CITY OF SHOREWOOD REGULAR MEETING MINUTES
February 14, 2005
Page 9 of9
B. Mayor & City Council
Mayor Love noted he had received a phone call from Mayor Anderson of Deephaven, noting the City of
Deephaven had no plans to withdraw from the Joint Powers Agreement of the Excelsior Fire District.
Mayor Anderson had stated his concerns had been related to response times to various parts of the EFD.
Mayor Love noted Deephaven would have a Work Session meeting on Thursday, February 24, 2005,
regarding these issues.
12. ADJOURN
Lizee moved, Wellens seconded, Adjourning the Regular City Council Meeting of February 14, 2005,
at 9:03 P.M. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
Craig W. Dawson, City Administrator
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, FEBRUARY 14, 2005
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
Immediately following Regular City
Council Meeting
D... I\fl
'~."'I
ij-.'
MINUTES
1.
CONVENE WORK SESSION MEETING
Mayor Love called the meeting to order at 9:13 P.M. and noted Planning Director Nielsen would
be Acting Administrator for this meeting in Administrator Dawson's absence.
A.
Roll Call
Present:
Mayor Love, Councilmembers Callies, Lizee, Turgeon and Wellens; Engineer
Brown, and Planning Director Nielsen
.
Absent:
Administrator Dawson and Finance Director Burton
B. Review Agenda
Without objection from the Council, Mayor Love proceeded with the Agenda for the meeting.
2. 2005 WORK PROGRAM/GOALS AND PRIORITIES
Acting Administrator Nielsen explained that Council and Staff annually drafted a list of items to
assist Council in setting the year' s Work Program/Goals and Priorities. He noted Council should
add or remove items from the draft list and identify the most important or high priority items.
.
Council reviewed the draft list of items for the work program, and suggested review of park
dedication fees, automation of payment for city utilities, as well as consideration requiring a small
surcharge or park dedication fee to be charged upon the sale of a house be added to the potential
list of topics.
Discussion ensued regarding the need for completing updates to the Human Resources system and
establishment of an employee committee to review and comment on changes to benefits for City
employees. Mayor Love indicated support for these issues, noting Council had consistently
supported Staff in these matters and he requested a high priority be placed on them in the Work
Program for the year. Council agreed.
Councilmember Turgeon stated there were several items long overdue for review and action
including the employee issues discussed earlier, and she requested Administrator Dawson review
previous year' s Work Programs to either prioritize items on the Work Program that had not been
addressed for several years or exclude them from the list. She also requested he provide a potential
schedule of topics aligned with Work Session meeting dates for the Year 2005.
Councilmember Callies also noted it had been her experience that the City of Shorewood handled
its liaison positions with regard to Council and Commissions in a unique manner. She stated she
would like to see the amount of time spent acting as liaison to different committees and
#~r2"
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
February 14, 2005
Page 2 of 2
Commissions reduced, and she was willing to research how other municipalities handled these
positions. She stated she would report her findings on this issue at a later date.
3. OTHER
No other business was presented at this time.
4. ADJOURN
Wellens moved, Callies seconded, Adjourning the Work Session Meeting of February 14,
2005, at 9:34 P.M. Motion passed 5/0.
'RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
Craig W. Dawson, City Administrator
.
.
,
PAYROLL APPROVALS
For 2/28/05 Council Meeting
.
ffA&<
.
Date: d-;)tf-oS-
Date:(;l-J LJ-OS
Date: OZ.Z,1.05
::ft ,-c? fJ
PAYABLES APPROVALS
For 2/28/05 Council Meeting
Prepared by: (/~ t ct!b...
Catherine EIke, Sr. Accountant
Reviewed bY:&7/lLL~ buc:tlin /~
Bonnie Burton, Finance/Director
Date: J-~Lf---OS
.
Date: ;;)-,]'f{;5
Date: ~
.
\
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
February 23, 2005
TO:
Mayor and City Council Members
....-.cO
Jean Panchyshyn, Deputy Clerk ~
Craig W. Dawson, City Administrator
.
FROM:
CC: Bonnie Burton, Finance Director
RE: 2005 Fee Schedule
.
At the February 14, 2005, City Council meeting, a statutory public hearing was held to consider
changes for fees related to land regulation. Proposed changes to various Building, Zoning, and
Land Use fees were highlighted, as the City wishes to recover the costs to process variances and
other land use matters through these fees. The City's fees were outdated in some instances, and
an increase. had been proposed in those fees. There was no one present at the public hearing
wishing to address this issue.
All proposed changes as presented at the February 14,2005, public hearing were approved by
the City Council. The proposed fee changes are highlighted in the attached Draft Ordinance. The
changes to the existing fee schedule are on page 5, with deletions shown in strike-out, and new
proposed fees underlined.
Council Action
Approval of an Ordinance setting License, Permit, Service Charges and Miscellaneous Fees
and
Approval of a Resolution authorizing Publication of the above-noted Ordinance by Title and
Summary
{) PRINTED ON RECYCLED PAPER
tt3c
J
CITY OF SHOREWOOD
DRAFT
ORDINANCE NO.
AN ORDINANCE TITLED
"LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES"
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS
AS FOLLOWS:
Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby repealed and
replaced with the following:
1301.02: ESTABLISHMENT OF FEES AND CHARGES: Fees and charges by the
City are hereby established as set forth in Schedule A. Each section of the City Code which
contains any such fee or charge is hereby amended to reflect the amount set forth in Schedule
A. If this Title 1300 does not establish a fee or charge, it shall remain as stated in other .
sections of the City Code.
Schedule A
CITY OF SHOREWOOD
LICENSE, PERMIT, SERVICE CHARGES
AND MISCELLANEOUS FEES
TYPE OF CITY CODE
CHARGEfflEE REFERENCE
L MISCELLANEOUS PERMITS & LICENSES
Police AlannPermits 601.06.1
Fire Alann Permits 601.06.1
Recreational Fire Permit 501.03
Open Burning Permit 501.03
Boat Docks & Boat Storage 304.05
Facility License
Tobacco Retailer License 302
Tobacco Administrative Fines:
Tobacco Licensees in Violation
CHARGEfflEE
$ 100.00 3 rd false alann & thereafter
200.00 2nd false alann & thereafter
No Charge
100.00 per site
35.00
.
$250.00/premise
Other Individuals in Tobacco Violation
Adult Use License 309
Investigative Fee
Adult Use Facility License
Dog Licenses, per animal 701.03.2
$75.00/first offense
200.00/second offense in 24 month period
250.00/thereafter within 24 month period
50.00 per offense
500.00
1,675.00 + $50/video booth or stall
10.00
5.00 license late fee
City of Shorewood - Page 1
Rev. 02/23/05
TYPE OF
CHARGEfflEE
Kennel License
Horse Permit
Animal Impound Fees
Daily Boarding Fee
Addt'l services when required
Street Excavation Permit
Gambling License
.
System Contractor License
Refuse Hauler License
Tree Trimmers License
Commercial Lawn Fertilizer
Application License (annual)
Therapeutic Massage License Fee
Application Investigation Fee
Fireworks Dealer License/Permit
Multiple Dock Facility License
.
IL LIQUOR
Intoxicating Liquor License
Wine License - On-Sale
Intoxicating Malt Liquor/
Wine License - On-Sale
Liquor Special Club License
Special Sunday License
3.2 Percent Malt
Liquor License - On-sale
3.2 Percent Malt Liquor
Liquor License - Off-Sale
3.2 Percent Malt Liquor
Temporary License
Liquor Licensees in Violation
m UTILITY RATES
Sewer
Sewer Connection Permit
Sanitary Sewer Service
CITY CODE
REFERENCE
701.04.2
CHARGEfflEE
25.00/initiallicense
10.00/renewallicense
25.00
25.00 1st offense of year, 50.00 thereafter
25.00 (minimum 2-day fee)
95.00 Innoculation
35.00 Bath
150.00
100.00 Biennial
25.00 Temporary
1,000.00 Bond
50.00 + 25.00/truck
30.00
702.04
701.08.4
90 1.0 1.2b
301.06.2
301.06.1
507.05.4
305.01
3l0.03.2d
30.00
150.00
100.00
100.00 per site/per year
2.00 per slip, per year
1201.24, subd. 10
403.06.1
403.06.1
7,500.00
1,000.00
403.06.1
403.06.1
403.06.1
2,000.00
250.00
200.00
402.06.2
300.00
402.06.2
50.00
402.06.2
25.00
$ 500/first offense
1,000/second offense in 24-month period
1,500/third offense in 24-month period
2,000/fourth offense in 24-month period
904.07.1
904.15.1a
150.00
70.00/qtr/residential
45.00/qtr/residential (low income)
35.00/qtr/residential (seasonal)
Commercial: 71.90/qtr, + $2.55/ea 1,000
gallons in excess of 28,500 gallons per qtr.
City of Shore wood - Page 2
Rev. 02/23/05
TYPE OF
CHARGEIFEE
CITY CODE
REFERENCE
904.09.5
904.18.3
Sanitary Sewer Surcharge
Local Sewer Avail. Charge
Water
'Wiitef Connection Permit
Inside
Outside
Water Meter - 3/4"
3/4" Horn
1" Meter
I" Horn
I" Pressure Reducing Valve
11/2" Meter (w/flanges) 903.03.1b(2)
2" Meter (w/flanges) 903.03.1b(2)
I 1/2" Pressure Reducing Valve
2" Pressure Reducing Valve
Late Meter Reading Fee
Meter Test
Water Service
903.03.1a
903.03.1b(2)
903.08.6
903.08.4
903.09'la
Water Service - Low Income
Water Turn-on & Shut-off Fee
Base Water Special Assessment (R)
Water Trunk Charge (T)
Water Connection Fee
903.09.1a(l)
903.04
903.18.03
903.18.06
903.03.3
Water Supply - Research of Properties
Stormwater Manaeement
Storm Water Drainage Utility
Residential Equivalent Factor
Basic System Rate
905.03
Recvcline
Residential Recycling Fee
Recycling Containers
Wheel-eez
IV. MISCELLANEOUS FEES AND CHARGES
Special Assessment Search
Mailed Minutes (nonresident)
CHARGEIFEE
100.00/mo
1,200.00
50.00
60.00
90.00
30.00
170.00
55.00
85.00
Cost plus 10%
Cost plus 10%
Cost plus 10%
Cost plus 10%
5.00
80.00
30.00/qtr 1st 10,000 gallons, plus $2.95 per 1,000
gallons in excess of 10,000 gallons up to 50,000
gallons, and $3.75 per 1,000 gallons in excess of
50,000 gallons per quarter
15.00/qtr minimum
50.00
5,000.00
10,000.00
Connection fee shall be the same as the
amount specified in Section 903.18, subd.6.a. less any
amounts previously paid for trunk water improvements
as special assessments or for trunk charges at the time
of subdivision ofland pursuant to Section 903.18
Subd.6.a.
75.00
.
.
3.53/qtr lots less than 10,000 sq ft.
5.04/qtr lots 10,000-50,000 sq.ft.
6.56/qtr lots 50,000+ sq.ft.
1.75/mo/household
8.00 after 1st container
10.00 each
15.00
75.00 annual
. 25/page/individual
City of Shore wood - Page 3
Rev. 02/23/05
TYPE OF
CHARGEIFEE
CITY CODE
REFERENCE
CHARGEIFEE
Copies
35.00 annual
. 25/pagelindividual
.25/pagelsingle side 8.5xll"
.50/pagelsingle side anything larger
$35.00 All residents on printed mailing labels
Mailed Agendas
.
Mailing Labels (All city residents)
Aerial Topography:
Mylar Copy
Electronic
City Code Book
CD Rom
Updates
City Zoning Code
Comprehensive Plan (Softbound color Copy)
City Subdivision Ordinance (Softbound Copy)
Election Filing Fee
Spring Clean-up Fees 507.09.1
507.09.2
16.00/acre + 5.00/mylar
50.00/megabyte of data
75.00
25.00
25.00/yr
20.00
35.00
8.00
2.00
Up to 10.00
20.00 air conditioners.
20.00 water softeners*
12.00 appliances, incl. water heaters*
10.00 mattresses & rolled carpets/padding.
15.00 large furniture*
5.00 tires with or without rims*
13.00 truck tires w/o rims*
0.0 auto batteries.
.
*or as detennined based upon actual cost of disposal
Transient Business, Peddling/Soliciting 308.08
Sand Barrel/Sand Charge
Tri-Annual Rental Housing
License Fee, per Unit 1004.03(3)
(includes up to 3 inspection/unit)
Additional Inspections as Necessary 1004.03(3)
Return Check Fee
50.00/applicant
40.00 Barrel & Sand /30.00 sand only
60.00
20.00/inspection
25.00
v. PARK & RECREATION
Park & Recreation Use Fees
Organized Sports Participant
902.06.3
10.00/per participant, per sport, per season
Skating Rinks (per rink)
Lights
Tournaments, per rink
15.00/hour
30.00/day + attendant salary
SoccerlFootball/Baseball/Softball Fields (per field)
Damage deposit, all fields
Football Field, unlighted
Lights
125.00/flat fee
50.00/day
30.00/hour
City ofShorewood - Page 4
Rev. 02/23/05
TYPE OF
CHARGEIFEE
CITY CODE
REFERENCE
CHARGEIFEE
Diamond Field (Baseball)
Entire soccer area, unlighted
Multi-Use Buildings
Damage Deposit-all buildings
Manor/Badger
Eddy Station
Picnic Pavilions
Manor/Freeman
Eddy Station Pavilions
VI. BUILDING, ZONING, LAND USE
Zoning! Amendments
Conditional Use Permit
Variances & Appeals
Variances & Appeals
(nonresidential)
Planned Unit Development
Concept Plan
Development Stage Plan
Final Plan
Site Plan Review/Certificate
Subdivision (Metes & Bounds)
Subdivision (preliminary Plat)
-Io2-Met
Subdivision (Final Plat)
2~Aot
Park Dedication
(cash in lieu of land)
Comprehensive Plan Amendment
50.00/day
150.00/day
Resident Base Fee
Nonresident Base Fee
50.00
25.00
100.00
150.00
150.00
150.00
25.00
50.00
50.00
75.00
1201.04.1a
$ 4W,00600.00
.
1201.04.1a
1201.05.3a
200.00 (residential)
300.00 100.00 + 100.00 escrow
(nonresidential)
1000.00 + 1000.00 escrow
(communication facilities)
1201.05.3a
1201.05.3a
l-W-:0O250.00 + 150.00 escrow (residential)
2GG-:0O300.00 + 150.00 escrow
1201.25.6b(2)(b)
300.00 + 100.00 escrow
300.00 + 100.00 escrow
300.00 + 100.00 escrow
1201.07.2
1202.03.1a(2)
1202.03.1a(2)
150.00
2W..OO~.~Q,QQ.. + 100.00 escrow (3 lots or less)
2-SQ,Q(}.~:?Q...Q9._.:':..7..?D.Qt + lQ(},OOlQ.QQ,QQ. escrow
.
1202.03.la(2)
500.00 i:.?;!LlQt+ lQ9'!WQ..200.00 escrow-lo
1202.07
.l;-SQ(}~.J.QQQ. OO/unit
200.00 Pre-application
800.00 Formal application
50% of Original Application Fee
Extension of Deadline for Recording Resolutions
NOTE: Base fees are nonrefundable. Escrow deposits are to cover consulting engineer and attorney expenses.
Applicants are informed that any City expenses not covered by these fees will be billed to them. Unused escrow
fees will be returned to applicant upon written request.
Building Permit
Residential
1001.03
Per 1997 UBC TABLE I-A
City of Shore wood - Page 5
Rev. 02/23/05
I
TYPE OF
CHARGEIFEE
CITY CODE
REFERENCE
CHARGEIFEE
House Moving Permit
Mechanical Permit
Plumbing Permit
Automatic Sprinkling System
Permit
Removal or Abandonment,
Underground Tanks
Demolition Permit
Sign Permit Application Fee
Approved Sign Permit Fee
Fence Permit 1201.03.2f
GradingIFilling Permit S.B.C.
Home Occupation Permit 1201.03.12c
Irrigation System Permit 901.02.2d
RO.W. Encroachment Permit 901.02.2b
RO. W. or Easement Vacation Request
.
1002.02.4a
S.B.C.
S.B.C.
Per 1997 UBC TABLE I-A + 200.00 escrow
State Statute or 2.5% of value, 35.00 minimum
State Statute or 15.00/fixture, 35.00 minimum
S.B.C.
U.F.C.
20.00
35.00 1st tank + $20 each
additional
S.B.C.
1201.03.l1f
50.00*
20.00
Per 1997 UBC TABLE I-A
20.00
Per1997 UBC TABLE A-33-A & A-33-B
200.00 (special)
20.00
40.00
300.00
· Fee is waived when done in conjunction with a building permit or when burned by Fire Department.
(Ord. 263, 12-14-92; Ord. 274, 5-10-93; Ord. 277, 8-23-93; Ord. 279, 9-27-93; Ord. 285, 1-24-94; Ord.
287,3-14-94; Ord. 292, 5-23-94; Ord. 299,6-12-95; Ord. 301, 6-12-95; Ord. 302, 7-10-95; Ord. 309,2-12-
96; Ord. 322,6-9-97; Ord. 328, 12-15-97; Ord. 329, 12-15-97; Ord. 332,2-23-98; Ord. 340, 9-14-98; Ord.
344, 9-28-98; 351, 5-24-99; Ord. 353, 6-14-99; Ord. 356, 9-13-99; Ord. 359, 12-13-99; Ord 360, 1-10-00; Ord
365,8-14-00; Ord 369,2-12-01)
Section 2. This ordinance is effective the date following its publication.
.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood, Minnesota
this 28th day of February, 2005.
ATTEST:
WOODY LOVE, MAYOR
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
City of Shore wood-Page 6
Rev. 02/23/05
,
.
.
I
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. 412 BY TITLE AND SUMMARY
WHEREAS, on February 28, 2005, the City Council of the City of Shorewood
adopted Ordinance No. 412 entitled "License, Permit, Service Charges and Miscellaneous
Fees"; and
WHEREAS, City staff has prepared a summary of Ordinance No. 412 as
follows:
This Ordinance establishes and updates the fees and charges by the City for licenses, permits,
service charges and miscellaneous items. Each section of the City Code which contains any such
fee or charge is hereby amended to reflect the amount set forth in the fee schedule in Title 1300
of the Shorewood City Code. If Title 1300 does not establish a fee or charge, it shall remain as
stated in other sections of the City Code.
A COpy OF THE ENTIRE TEXT OF THE ORDINANCE IS AVAILABLE IN THE OFFICE
OF THE CITY ADMINISTRATOR/CLERK.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHOREWOOD:
1. The City Council finds that the above title and summary of Ordinance No.
412 clearly informs the public of the intent and effect of the Ordinance.
2.
The City Clerk is directed to publish this resolution, in lieu of publication
of the entire text of Ordinance No. 412 pursuant to Minnesota Statutes,
Section 412.191, subdivision 4.
3. The City Clerk is directed to make available a copy of the entire text of
Ordinance No. 412 for public inspection.
ADOPTED by the Shorewood City Council on this 28th day of February, 2005.
Woody Love, Mayor
Attest:
Craig W. Dawson, City Administrator/Clerk
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
February 22,2005
.
RE:
Scheduling of Public Information Meeting for the Radisson Road - Covington Road
Safety Report
Mr. Chuck Rickart of WSB and Associates presented the Radisson Road Safety Improvement report
during the City Council meeting of February 14,2005.
The report presented considered four alternatives for safety improvements to Radisson Road.
. Alternative 1 - Reconstruction and widen Radisson Road
. Alternative 2 - Post additional signing and striping improvements
. Alternative 3 - Close access on the East end of Radisson Road to join with Covington Road.
. Alternative 4 - Post Radisson Road as a one way roadway, in the eastbound direction.
.
Mr. Rickart, and city staff made recommendations that Alternative 4 be pursued on a trial basis for a
nine-month period. This recommendation was not favorably received.
The City Council directed staff to reconsider alternatives to closing or modifying the east end of
Radisson Road at the intersection with Covington Road.
Staff has commenced with developing the additional alternatives, as directed. Staff also recommended
that an additional public information meeting be scheduled with notice being sent to the residents
along Covington Road, in addition to the Radisson Road residents. The City Council agreed.
After several discussions with Mr. Rickart, staff is recommending that the next public information
meeting be scheduled for Monday, April 4, 2005, from 6:30 p.m. to 7:30 p.m. This timeframe allows
alternatives to be adequately developed, provides ample notice to the residents, avoids the Easter
holiday, and the week of spring break.
n
~J PRINTED ON RECYCLED PAPER
#- ,3D
Mayor and City Council
Schedule P .1M. Radisson/Covington Road
February 23, 2005
Page 2 of2
Recommendation
Staff is recommending that the next public information meeting be scheduled for Monday, April 4,
2005, from 6:30 p.m. to 7:30 p.m., at the Shorewood City Council Chambers. Notices will be sent to
all residents on and around the subject roadways, in addition to posting the date on the City's web site.
A simple motion by the City Council will establish this date.
.
.
4:
\n
-t
." ....
CJ(Y)
L 0 ~
\\)~in
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(\)::J ~
UUZ"-
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~ ~ ~ "-
.s:.s:-c.
III ::J 0 I
.s:. 0 ON
....U~LO
6 &0 ~ 0\
UlCV)o
r----S:
&oUl
t\)
C-
o L.
..s: \\)
ut +-
..s: c
+- \\J
~\.)
o
U)
+-
L
o
a..
~
t:t.
q-
o
o
N
.
.
Total Clients Served
From 1998 through 2004
2000
1800
1600
1400
J!l
c 1200
CI)
0
-
0 1000
I..
CI)
.c
E 800
::J
Z
600
400
200
0
1998 1999 2000 2001 2002 2003 2004
.
.
# Served
199.8...
710
CLIENTS SERVED
1999...
2000 2.O.Oi 2.002.. 2003...
1044
1310
1098
'" This is an unduplicated count
1641
1827
2004
1835
.
.
Areas Served
1000
900
800
700
c
0 600
:+:i
~
:::J
a. 500
0
a.
+ 400
1.0
co
300
200
100
0
Excelsior Shorewood Deephaven Tonka Bay Greenwood Other
. Census
. 2003 Clients . 2004 Clients
.
.
AREAS SERVED IN 2003 & 2004
# Individuals 65 Years or Older
Estimated
Census SouthShore Clients
2003 2004
Excelsior 367 467 430
Shorewood 586 271 272
Deephaven 416 91 104 .
Tonka Bay 136 76 79
Greenwood 70 36 30
Other
*
886
920
SOUTHSHORE Center served a higher number of
individuals in Excelsior than estimated by the census.
SOUTHSHORE Center is a United Way agency that is
not restricted to members, but is open to all.
.
*The individuals represented under 'other' are from
surrounding areas such as: Chaska, Chanhassen,
Minnetonka, etc and new members without complete
information in the database.
SOUTHSHORE CENTER PARTICIPANTS
BY ZIPCODE
SouthShore "5 City" Area
Participants
865
.
Eden Prairie/Mtka
Eden Prairie/Edina
Eden Prairie
Chanhassen
Deephaven~ayzata
Mound/Minnetrista
Spring Park
Victoria
Chaska
Hopkins
Minnetonka
Long Lake
Watertown
Shakopee
Waconia
Maple Grove
Delano
St Boni
Norwood
Minnetonka Beach
Howard Lake
Anoka
Andover
Carver
Burnsville
Buffalo
Mayer
Hamberg
138
13
15
123
114
51
43
31
29
25
25
15
11
11
8
7
7
6
5
4
4
4
4
3
3
3
2
2
.
Misc.
264
Total
1835
700
600
500
S
c
as 400
C-
.-
(.)
1::
ns
a. 300
"'""
0
=It
200
100
Growth of Programs
o
2002
2003
2004
1998
1999
2000
2001
_ Education
Recreation _ Health
.
.
GROWTH OF PROGRAMS
Number of Participants*
Education Recreation Health
1998 218 309 106
1999 131 398 170
2000 123 519 156 .
2001 160 226 393
2002 246 332 398
2003 416 425 547
2004 593 632 514
* Rough Estimate of Participants. Weekly on-going events (bridge,exercise. .
etc.) are not recorded.
200
en
I-
Z 150
<(
a..
0
I-
0:: 100
<(
a..
=1:1:
50
.
.
PARTICIPANTS IN 2004 SPECIAL EVENTS
AND PROGRAMS
250
o
AAA Sr. Driver Class
Be-A-Friend Donor Buyers of 52-wk Sweepstak
Tax Assistance
PARTICIPANTS IN 2004 SPECIAL EVENTS
AND PROGRAMS
# Participants
Tax Assistance
87
AAA Sr. Driver Class
216
.
Be-A-Friend Donor
194
Buyers 52-week Sweepstake
200
.
500
tn
0)
C
.-
- 400
.-
ca
:E
=It:
300
NEWSLETTER MAILINGS
800
700
600
200
100
o
2004
1999
2002
2003
2000
2001
.
.
NEWSLETTER MAILINGS
itMailings % Increase
1999 100
2000 190 90010
2001 375 97%
2002 475 270/0 .
2003 625 32%
2004 702 12%
The Newsletter is mailed only when requested.
Requests for the Newsletter are still growing.
.
.
.
TRANSPORTATION
9000
8000
7000
6000
5000
4000
3000
2000
1000
0
1998 1999 2000 2001
2002 2003 2004
One Way Rides __ # Individuals
TRANSPORTATION
One
Way # Individuals
Rides Riding
1998 3339 75
1999 5729 161
2000 5534 158
2001 7659 155
2002 8636 142
2003 6718 269
2004 7347 210
.
.
A 'One Way' ride is defined as from Point A to Point B.
For example, from home to the store is one ride and from
the store back to home is another ride - or 2 'One-Way'
rides.
VOLUNTEER HOURS - NUMBER OF VOLUNTEERS
8000
7000
6000
5000
4000
3000
2000
1000
0
1998 1999 2000 2001
2002
2003
2004
Volunteer Hours . # of Volunteers
.
.
VOLUNTEERS
Volunteer #Of
Hours ~unteers
1998 7404 110
1999 5668 120
2000 5802 123 .
2001 6055 125
2002 7500 130
2003 7520 131
2004 7600 158
.
6000
5000
4000
3000
2000
1000
DINING
# of Meals and # of Individuals Dining
o
1999
2000
2001
2002
2003
2004
1998
# Meals Served . # Individuals
. .
DINING
#of #
Meals Individuals
Served Dining
1998 5202 365
1999 4626 575
2000 4322 480
.
2001 3982 520
2002 4032 249
2003 4072 499
2004 4124 424
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 1 FEBRUARY 2005
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Gagne, Gniffke, Conley, Meyer, Packard, and White; and
Planning Director Nielsen
Absent:
Council Liaison Callies
.
APPROVAL OF MINUTES
· 4 January 2005
Gagne moved, Meyer seconded, Approving the January 4, 2005, Planning Meeting Minutes as
amended, by adding "Conley" to the Roll Call as Present. Motion passed 7/0.
1. 7:00 P.M. PUBLIC HEARING - CU.P. AMENDMENT FOR BUILDINGS AT THE
CEMETERY OF THE RESURRECTION
Applicant: St. John the Baptist Church
Location: 5555 Covington Road
Chair Bailey opened the Public Hearing at 7:03 P.M., noting the procedures utilized in a Public Hearing.
He also noted matters recommended for approval this evening would be placed on the February 28, 2005,
Regular City Council Meeting Agenda.
.
Director Nielsen explained the history of this case, noting in January of 2003, St. John the Baptist Church
recei ved a conditional use permit approving a master plan for the future development of the Cemetery of
the Resurrection, located at 5425 Covington Road. The master plan for this project included plans for
two mausoleum structures to be built at some time in the future. The resolution approving the conditional
use permit provided that church representatives would apply for an amendment to the c.u.P. at such time
as the buildings were to be built and when more specific plans were available. St. John representatives
had recently submitted plans for the first of the two buildings.
The site plan for the cemetery had been revised to show a different location for the building in question
from the original master plan for the project. The building was now proposed as being located further
north on the site on the east side of the entry road coming into the property. The applicant also proposed
demolishing the existing garage structure in that location and locating a new one further north on the site
on the west side of the looped drive.
Director Nielsen then reviewed a larger site plan for the mausoleum structure. The proposed building
would be one story in height, and measured approximately 41' x 69'. Two-thirds of the structure would
be 15 feet tall, with the center third of the building peaking at 30 feet. Construction materials would
consist of granite and glass with a standing seam metal roof. He also noted the building would provide
space for 364 crypts and 300 cremation niches.
PLANNING COMMISSION MEETING MINUTES
February 1, 2005
Page 2 of7
In addition, Director Nielsen explained, the existing maintenance building for the cemetery would be
removed and a new maintenance building would be located just west of the northwest comer of the loop
drive. Plans for this structure had not yet been provided, however, church representatives described it as a
typical two-car (24' x 24') garage building with a gable roof and siding, ealth tone in color, so as to blend
into the site.
The proposed mausoleum structure was quite consistent with the concept plans submitted as part of the
previous c.u.P. By relocating it from its original proposed location, the applicants would avoid a
considerable amount of site alteration. In addition, the structure was tucked down into the site and further
from adjoining residential properties. Director Nielsen noted that at one story and just over 2800 square
feet, its size was that of a relatively modest home in Shorewood. A circular terrace would also be located
immediately to the south of the proposed building.
Landscaping was considered somewhat incomplete in the plans. However, given the location of the
building within the site, screening or buffering from nearby residential properties was not considered to
be an issue. Director Nielsen stated the landscaping would presumably compliment the quality and
dignity of the proposed building. .
With regard to the maintenance building, and its somewhat larger size, it was considered an improvement
over the current building. Director Nielsen explained the proposed location demonstrated in the
application showed the building being located too close to the northerly property line. Since the land to
the north was public right-of-way, a 50-foot setback was required. St. John representatives had indicated
that an application for a variance for this structure to be located closer to the north line might be
necessary.
Director Nielsen stated Staff recommended the amendment to the St. John conditional use permit be
approved subject to the proposed maintenance building being located in compliance with current zoning
standards.
Deacon Gary Hoffman, of St. John the Baptist Church, clarified several items related to the application,
such as the color scheme for the proposed mausoleum. He explained the front and back of the proposed
structure would be identical since the back of the building would be the first thing people would see upon .
entering the cemetery roadway. He also noted there were be sandblasted sculptures in the upper exterior
niches. Deacon Hoffman also explained the proposed size of the building revolved around the size of the
chapel within the building. Plans included a chapel that would allow for approximately 200 people
standing for a brief memorial service for the deceased. He noted there would also be a children's
memorial area near the mausoleum with approximately 100 in ground memorial sites. This area would
also include walking paths to allow a relaxing atmosphere near that area. He also stated there were no
trees of concern being removed as part of this project.
Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:15 P.M.
Commissioner Gagne clarified the size of the proposed mausoleum and questioned the lack of bathroom
facilities in the mausoleum plan. Deacon Hoffman stated it would be very cost prohibitive to include
sewer and water to that area of the cemetery.
Deacon Hoffman explained, in response to Commissioner White's question, that mechanicals would
include heating and air conditioning as well as appropriate mausoleum venting. He also noted there
would be one additional level of crypts on the eastern end of the building. Also, the inside of the chapel
would be mostly granite with beam structures internally. He noted these plans reflected some of the
design elements utilized in the church and would be carried through to the proposed mausoleum building.
PLANNING COMMISSION MEETING MINUTES
February 1, 2005
Page 3 of7
He also explained, in response to Chair Bailey's question, no landscape lighting would be placed near the
mausoleum. The only lighting near the structure would be security system lighting, and also the current
street light would remain in its current location.
Commissioner Gagne questioned the timeline of the proposed project. Deacon Hoffman stated the
building construction would most likely begin in early summer with nearly total completion of the
structure in the fall. He noted mausoleums were typically built offsite and shipped to the site for
completion. In addition, Deacon Hoffman stated soil borings would be taken, fill placed as needed, and
then construction would take place. He also noted the roof of the mausoleum would be granite also,
except for the peak.
Commissioner Gagne questioned the age of the cemetery. Deacon Hoffman explained the land for the
cemetery had been purchased in 1916, and consecrated for all near that time. He stated a priest had
donated all of the land, and stipulated it was to include deceased of varying religions.
.
Director Nielsen questioned the lighting included as part of the security system. Deacon Hoffman
explained there would be lights at the entryway and a bit of low level lighting at night to be able to see
through the chapel area. He also noted various administrators would be allowed access through a
restricted security card system.
White moved, Gagne seconded, Recommended Approval of a Conditional Use Permit Amendment for
Buildings at the Cemetery of the Resurrection, subject to Staff recommendations, for St. John the
Baptist Church, 5555 Covington Road. Motion passed 7/0.
Chair Bailey closed the Public Hearing at 7:29 P.M.
2. 7:15 P.M. PUBLIC HEARING - ZONING CODE TEXT AMENDMENT REGARDING
TEMPORARY SIGNAGE
Chair Bailey opened the Public Hearing at 7:30 P.M.
.
Director Nielsen explained that the proposed zoning code text amendment related to the time frame
allowed for temporary signage. He stated the proposed text was as followed:
Any new business that has applied for its permanent business sign may, at the same time, apply
for a temporary business sign to be displayed for no longer than 30 days, or until the permanent
sign has been erected, whichever comes first. The temporary business sign shall be
professionally prepared and shall be no larger than the approved permanent sign.
He also noted the proposed text would apply to all business owners within the City. He has forwarded the
proposed amendment to the City Attorney for review, and he requested any recommendation for approval
include the stipulation that the amendment was subject to the City Attorney review and approval.
Seeing no one present wishing to address this item, Chair Bailey closed the Public Testimony portion of
the Public Hearing at 7:32 P.M.
Commissioner Conley requested the words ''professionally prepared" be changed to "professionally
fabricated" for clarity of expectation.
Commissioner White stated the proposed text required meeting the test of reasonableness and she
believed it met that test.
PLANNING COMMISSION MEETING MINUTES
February 1, 2005
Page 4 of7
Meyer moved, Packard seconded, Recommending Approval of the Proposed Zoning Code Text
Amendment Regarding Temporary Signage, subject to the City Attorney review and approval, and
inclusion of the wording "professionally fabricated". Motion passed 7/0.
Chair Bailey closed the Public Hearing at 7:36 P.M.
3. 7:20 P.M. PUBLIC HEARING - C.U.P. AMENDMENT FOR MULTIPLE SIGNAGE
Applicant: Shorewood Village Shopping Center
Location: 23470 - 23780 Highway 7
Chair Bailey opened the Public Hearing at 7:37 P.M.
Director Nielsen explained the owner of the Shorewood Village Shopping Center was remodeling some
of the interior of the center, rearranging tenant spaces and creating several new, smaller shops. Part ofthe
rearrangement included the elimination of the outdoor sales/rental area at the south end of the center,
moving the hardware space to the north, and the creation of as many as six new tenant bays on the south
side of the building, facing Highway 7. The result of this remodeling was that the previously approved .
sign plan for the center was in need of revision. He also stated representatives of the center had submitted
plans showing how signs may be displayed on the building, and had also submitted revised sign criteria
providing for additional, yet smaller, tenant signs, based on tenant type as outlined in the Shorewood
Village Center Sign Criteria Amendment to Conditional Use Permit documentation submitted by the
applicant.
Director Nielsen then reviewed the physical changes to the sign band as a result of the remodeling project.
He also reviewed the difference in elevations and exposures for potential sign placement for each of the
major tenants as outlined in the submitted application for amendment. He also noted the proposed sign
criteria identified three different types of tenant and sign criteria for each type. In addition, there were
general guidelines that applied to all tenants. It was recommended that two provisions be added to the
general guidelines as shown below:
"14. All signs require permits, approved by the City of Shorewood.
15.
The City of Shorewood has the right to enter the property to remove unauthorized signs."
.
He noted these were provisions that are written into the Council resolution approving the C.U.P. and were
considered important for prospective tenants to be made aware of at the time of occupancy.
Further, Director Nielsen state, somewhere in the sign criteria, provisions should also be included
designating which of the tenants would be allowed to have signs on the freestanding pylon sign in front of
the center.
Director Nielsen stated, that subject to the recommendation presented, Staff recommended the C.U.P.
amendment for Shorewood Village multiple signs be approved.
David Schwebel, property manager for the Shorewood Village Shopping Center, stated he was in
agreement with the information presented by Director Nielsen this evening, and would be happy to
answer any questions the Commission may have had of him.
Seeing no one present wishing to comment on this matter, Chair Bailey closed the Public Testimony
portion ofthe Public Hearing at 7:44 P.M.
PLANNING COMMISSION MEETING MINUTES
February 1, 2005
Page 5 of7
In response to a question from Director Nielsen, Mr. Schwebel stated the landlord's sole discretion
designated placement of tenants on the pylon sign.
Commissioner Conley requested clarification on removal of signage if needed. He also suggested the
words "All costs of said removal shall be borne by the property owner. " be added to Item #15 of the
provisions included in the general guidelines as outlined by Director Nielsen earlier in the meeting.
Commissioner Gagne requested the City reexamine the driveway ingress and egress in front of the Cub
Foods Store as it was sometimes difficult to avoid eastbound traffic from Lake Linden Drive coming
abruptly around the curve in that area.
Discussion among the Commission ensued regarding clarification of exposures and elevations for the
general guidelines as outlined on page E-3 and E-5 of the Amendment to the Shorewood Sign Criteria as
proposed by the applicant. The following suggestions for verbiage were made as part of that discussion.
.
On page E-3, Item 3 of the General Guidelines, change the wording to read:
3. Each tenant is limited to one exterior building sign, with the exception of those
Tenants which are allowed additional signs as indicated on Page E-5 of this agreement.
On page E-5, change the allocations for Fitness 19 to 50 square feet (One sign) with one sign on
south elevation, and for True Value to 70 square feet (Two signs) with two signs on the west
elevation, and for Corner Coffee to 40 square feet (Two signs) with one sign on the south
elevation and one sign on the west elevation.
Gagne moved, Gniffke seconded, Recommending Approval of the Conditional Use Permit
Amendment for Mnltiple Signage, subject to Staff recommendations, for Shorewood Village
Shopping Center, 23470 - 23780 Highway 7. Motion passed 7/0.
Chair Bailey closed the Public Hearing at 8:03 P.M.
.
4.
C.U.P. FOR FILL OVER 100 CUBIC YARDS (continued from 7 December 2004)
Applicant: Martin Davis
Location: 26310 Birch Bluff Road
Chair Bailey opened the Public Hearing at 8:04 P.M. and also noted this matter was a continuation of a
Public Hearing held on December 7, 2004.
Director Nielsen then summarized the history of the case, noting in December, 2004, the Planning
Commission conducted a public hearing to consider a request by Martin Davis to place fill in excess of
100 cubic yards on his property at 26310 Birch Bluff Road. At that time a number of concerns were
raised by Staff (see Planner's memorandum, dated 2 December 2004 and Engineer's memorandum, dated
3 December 2004). .
Since that meeting, Mr. Davis' engineering consultant had submitted a letter addressing Staff's concerns
and a revised grading plan. Staff had reviewed these plans and recommended approval of a conditional
use permit, subject to the recommendations made in the earlier staff report and subject to the applicant
making the improvements recommended by his consulting engineer. Of critical importance was the
construction of the spillway from Birch Bluff Road to the southerly wetland area. This should be
completed as early in the construction season as weather permitted, so as to restore drainage from the
public right-of-way as soon as possible. Similar to the riprap requirement on the existing culvert on the
east side of the property, riprap should be placed at the discharge end of the spillway.
PLANNING COMMISSION MEETING MINUTES
February 1, 2005
Page 6of7
Director Nielsen further recommended that prior to commencement of any work, the applicant must
provide cost estimates for the wetland restoration, the spillway construction, tree protection measures
(consistent with the City's Tree Preservation Policy), and rip rapping. Prom these estimates, the c.u.P.
should provide for a cash escrow or letter of credit in the amount of 150 percent of the estimate to ensure
that the work would be completed by August of 2005.
Director Nielson also complimented the applicant and his engineer of doing a fine job in addressing Staff
concerns.
Brian Dobie, applicant's engineer from Professional Engineering Consultants, Inc., stated he had visited
the site on September 23, 2004, without being able to appropriately delineate the wetlands on the site due
to regulations governing delineation dates. He did, however, note he believed it a good idea to include a
small sand trap in the drainage spillway area to allow metals to settle out prior to entering the wetland
areas on the site. He stated the applicant wanted to be a good neighbor to the City and was willing to
incorporate Staff s recommendations into the proposed plans for the site.
Seeing no one present wishing to address the Commission on this matter, Chair Bailey closed the Public .
Testimony portion of the Public Hearing at 8: 14 P.M.
Commissioner White questioned what the fill placed on the north side of the house would be utilized for
as part of the applicant's plan for the property. Mr. Dobie explained the purpose of the fill was to create a
visual image that would allow the image of the house to be softened with the perimeter of the lot. He
estimated there would be approximately two to three feet of fill in certain areas on the property. He
further explained the revised plan would pull the additional fill away from the mature tree area in order to
better manage the majestic mature trees on the lot.
Gniffke moved, Gagne seconded, Recommending Approval of the Request for Conditional Use
Permit for Fill Over 100 Cubic Yards, subject to Staff Recommendations, Martin Davis, 26310
Birch Bluff Road. Motion passed 7/0.
Chair Bailey closed the Public Hearing at 8: 18 P.M.
5.
MATTERS FROM THE FLOOR
.
Frank and Jody Tonnemaker, 5480 Covington Road, stated they had missed the Public Hearing on Item 1
of the Agenda for this meeting, and requested clarification on certain items associated with the revised
conditional use permit. Director Nielsen briefly provided a summary of the revisions for the
Tonnemakers.
6. DRAFT NEXT MEETING AGENDA
Director Nielsen stated the February 15, 2005, Planning Commission Study Session Meeting Agenda
would include A Discussion of Variance Criteria, Review of a Subdivision and Variance Request, and
Comprehensive Plan Revisions from Met. Council.
7. REPORTS
· Liaison to Council
Commissioner Meyer reported on matters considered and actions taken at the January 10 and 24, 2005,
Regular City Council Meetings (as detailed in the minutes of that meeting).
.
.
PLANNING COMMISSION MEETING MINUTES
February 1, 2005
Page 7 of7
· SLUC
No report was given on the Sensible Land Use Coalition meeting.
· Other
No other business was presented.
8. ADJO~ENT
Gagne moved, White seconded, Adjourning the February 1, 2005, Planning Commission Meeting at
8:29 P.M. Motion passed 7/0.
RESPECTFULLY SUBMITTED.
Sally Keefe
Recording Secretary
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
2 December 2004
RE:
Davis, Martin - Conditional Use Permit for Fill In Excess of 100
Cubic Yards
FILE NO.:
405 (04.35)
BACKGROUND
.
Martin Davis is the owner of the property at 26310 Birch Bluff Road (see Site Location
map - Exhibit A, attached). In August of this year, as the result of neighborhood
complaints, the City issued a stop work order for fill and grading being conducted on the
site without the necessary permits. Contractors on the site were directed to remove
approximately 1200 cubic yards of material from the site, which has been substantially
completed. Apparently, the Minnehaha Creek Watershed District issued a similar order,
directing Mr. Davis to submit an erosion control plan and to apply for a wetland
protection permit. He has already obtained a permit to riprap the shoreline of the lake.
Staff subsequently met with the owner to discuss issues associated with the fill and
grading work, and to review the process of obtaining a conditional use permit for fill in
excess of 100 cubic yards. Since then, he has commissioned a wetland delineator to
identify wetland areas on the site and an engineering firm to prepare a grading plan. He
proposes to level off certain portions of the lot and re-landscape the property.
The property is zoned R-1A1S, Single-Family Residential/Shoreland, and is presently
occupied by the applicant's home, a guest house, a detached accessory building, a
swimming pool and a tennis court.
n
~~ PRINTED ON RECYCLED PAPER
#8.A. (I)
Memorandum
Re: Davis CUP
2 December 2004
ANAL YSIS/RECOMMENDATION
Shorewood's Zoning Code requires a conditional use permit whenever more than 100
cubic yards of material is brought on to a site. This equates to approximately 10 dump
truck loads of dirt. Exhibit B is the proposed grading plan for the property. Issues
related to the grading plan are highlighted on the exhibit.
.
Wetlands. The applicant's consultant has identified three wetland basins on the site. One
is loc.ated in the northeast comer of the site, one is in the northwest comer, and one is
located on the south side of the site near Edgewood Road. The southerly wetland was
partially filled by the time the stop work order was issued. This fill has been removed
and erosion control fencing has been placed around the basin as well as the two northerly
basins.
The Watershed District is the RGU (Responsible Governing Unit) for the City. Any
alteration of the wetland areas is subject to review and approval by the MCWD. Staff
will attempt to obtain the MCWD recommendations prior to the public hearingon 7
December,
.
Grading.. This is primarily an engineering issue, and will be addressed by the City
Engineer under separate cover. From a City Code perspective, the main .issue is the
effect of the grading and filling on the existing trees on the site. The applicant has
already removed a considerable amount of underbrush and buckthorn from the site. It
appears that some of the large trees on the north side of the house could be adversely
impacted by the proposed fill. For example, a 33-inch maple appears to have as much as
four feet offill being placed over the root system. It is recommended that the applicant
provide a report from a certified forester or arborist, setting forth recommendations
relative to protecting these trees. If trees are placed at risk due to the location offill, tree
replacement consistent with Shorewood's tree preservation and reforestation policy
should be required.
Drainage. Again, this is primarily an engineering issue. The City Engineer has
expressed concerns in two areas: 1) an existing culvert that drains from Birch Bluff Road
may create erosion control problems; and 2) the area south of the southerly wetland has
been elevated so that water along Edgewood Road is trapped and can not run to the
wetland as it previously did.
Watershed District Approval. As of this writing, the Watershed District has not prepared
a report on this application. In discussing the project with MCWD staff, their concerns
are the same as ours, except for tree preservation. They will be requiring a wetland
restoration plan, including a 16.5 buffer area planted with native wetland vegetation.
This area can not be mowed or fertilized, and a financial surety will be required in order
-2-
Memorandum
Re: Davis CUP
2 December 2004
to ensure that the wetland restoration is carried out. They too are concerned about the
drainage from Edgewood to the south wetland basin.
Any approval of the conditional use permit should be subject to the recommendations of
the Minnehaha Creek Watershed and the City Engineer. As mentioned above, the
applicant should be required to provide recommendations from a forester or arborist
relative to tree protection.
Cc:
Craig Dawson
Tim Keane
Larry Brown
Martin Davis
.
.
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NO nWNG IS ALLOWED IN tHE
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NO FlWNG IS ALLOWED IN lHE 100 YEAR
Fl.000 Pl.AIN (BELOW tHE 931.5 CONTOUR).
930
EXIS1lNG WE1I.AND tHAT HAS BEEN
DISTURBED. WE11.ANll AREA TO BE
RESTORED TO ORlGlNGAL GRAD! AND
SEEDED WItH Mn/DOT MIX 310.
Af1ER SEEDING. INSTALL Sll.T rENtE.
925
0+00
TOPSOIl: ALL DISTURBED AREAS SHALL HAVE A
MINlt.IUIol OF 5 INCHES OF TOPSOI. PLACED.
FERllUZER: APPI. Y 350 POUNDS PER ACRE OF
20-S-10, BOX W.I.N. Oil CI OR EOUllVALENT rDR
'250 MIX (n'PICAl.1. APPl.Y AT 400 POUNDS PER
ACRE FOR #240 OR #2BOAG 1l1X. INCORPORATE IT
INTO tHE TOP 'tHREE (3) TO ,OUR (4) INCHES OF
SUR, ACE BY DISKING 6R SOME OlHER SUITABLE
IlEANS.
SEEDING: SEED IoIIX SHALL BE IInDOT MIX
~DZ;Osttls7~~N~~D~M~~ (~C:f):JOR
POUNOS PER ACRE. NEXT TO AGRICUlTURAl. AREAS
APPLY MnDOT MIX NO. 2BOAO AT SO POUNDS PER
ACRE.
Bl.ANKET: ALL SLOPES BE1WEEN I: 3 AND I: 2 SHALL
BE SEEDED WItH WOOD nBER BLANKET. USE
CATEGORY 3 OR 4 ON SLOPES I: 2 AND STEEPER.
A1.SO DITCH BOTTOMS GREATER lHAN 2lC.
MUl.CHlNG: lYPE I STRAW SHOUUl BE SPREAO
UNIF"ORlol1L Y AT A RATE OF 2 TONS PER ACRE AND
DISC ANCHORED ON ALL SLOPES 1:3 OR FLATTER.
USE lYPE 4 ON SLOPES BElWEEN 1:3 AND 1:2-
ALL SEEDING AND IoIlJlCIIING SHALL TAKE PLACE
WItHIN lWO (2) \\aICS OF lHE COMPLETEll GRAllING
OPERA nON DR AT tHE BEGINNING OF lHE NEXT
SEEDING PERIOO PER CONS1RUCnON 5PEClnCA nONs.
EROSION CONTROL FENCE
REMOVE EX. RIP RAP. RESTORE
SHOREUNE WItH RIP RAP AT
3:1 MAX SLOPE TO MATCH
EXlS11NG TOP OF BANK.
A-A
1 Inch D 5 f..t (Ilorlzanlal)
I Inch . 2 r..t (Vertical)
10+00
20+00
t:nrlF:RAl eRA-DINe NOTES:
t. SPEQF1CAlJQNS v.HICH APPLY ARE 'PiE toIDST AtCENT EDI"nOfS OF THE
on OF SHQR[WOOD AHD tHE MINNESOTA DEPARn.lENT OF lRANSPQRTA'RaN
SPECIFICATIONS roR HlGI'IWAY COHStRUCnQN UNLESS MCDlF1tO HEREIN ON
ntESE: CONtRACT DOCUMENTS.
Z. IT IS T1iE RESPDNSlBlUTV OF' lHE c:aNtRAClCR TO U11UZE mE
"CCPMER STATE CINE CAU." EXCAVATION NonCE SYS1DI AS REQUIRED UNDER
MINNESOTA STANTE Q1APl'tR 2160. 48 HOURS PRIeR TO PERFORMINQ ANY
. EXCAVAUDN (PHONE el-4S4-QD02 IN lHE 1"WIN Cl1lES UE1RO AREA OR.
iDU. FREE l-BDO-252.-I1BI5).
So GRADlNC CONTRACTOR SHAU. 'lER1F"t LDCA1tDHS' AND E\.EVA11CNS OF
M1. UNDERGROUND Ulunts W11H mE RESPECn~ UTlUi"I' COMPANIES
PRIOR 'TO CDNS'TRUC'nON.
4. .w.. CDHSTRUCl10N AS CALLED FOR ON THESE CQN1RACT DQC\IlIltHT$
SHAU. BE PERFORMED IN ACCORDANCE ..1M AU. OSHA REQUlREMEHlS.
5. ALL loOT AND EASEldENT DIMENSIONS ARE SUB.ECT TO FliAl PLAT.
I. AU. EROStOH CON1ROL. MEASURES CAU.ED FOR ON THESE. PLANS AND
SPEOFlCA1JON5. WtilCH MAY INCl"UDE SfLT fENCE. SEDlMENTAlICIN
BASINS OR lOIPQRARY SEDIMENT mAPs. SHALL BE CQNS1RUC1tO AND
SERVlCEAI!ILE IN 'tHE FD\.LOYIUtC ORDER. AS REQUlREO. AND II CQNPUANCE
NTH PART IV OF tHE: MPCA GENERAL STDRIit WATER PERhU1' (SEE -..oa
REQUIRE>lENTS1.
Do ROCK CQNSTRUcnCIN ENTRANCES.
b. SIlT FENCE.
Co 'l"DlPORARY CULVERts.
d. 'tEMP'ORARY SEDlhlENTAnON BASINS AND ClUtf'AU. FACIU1tES.
.. STQRM WAtER P'DND CONSlRUcnON.
r. CQM).tDN EXC.WAnDN AND tw8ANKMENT (CRAalHC CONSlRUCtlON).
" SEEEI /rHJ MULOI (SEE Halt '4).
h. STRAW 'IAI.E BARRIERS IN FiNISHED GRADED AREAS.
I. INLET AND C1UnET f'AClUT1ES SUBSEQUENT 10 STORM SEER
CONSTRUC11QN.
7. GRACING CQNTRACTaR SHALL PROVIDE AND MAINTAiN AU. EROStOH
CONtRDL ME,t,SURtS AS SHO\\tlt ON THESE PLANS AND SPECIFlCA lIONS
AND It.lPl.EltlENT MY ADDI1\ONAL EROSION CONnwL MEASURES
NECESSARY IN OROER TO PRDtECT ADJACENT PROPERlY.
e. ALL. ERDSlON CQNTROL. rACIUTlES SHALL. BE MAINTAINED IT 1HE
CRADlNG CQN1RACTDR DURlNC CRAQING OPERA PORARY
FAClUTlES 'MilCH ARE TO BE REMOvED 1HESE PLANS
AND SPECIF1CAlIONS SHALL BE REUDYE CDN1Ro\CtOR
WHEN D1REClal BY TNE ENClNEER. TNE SHALl.
'niEN RESTORE THE susstWtN1\.Y DI IN ACCtIRDANCE.
'MTH lHESE PLANS AND SPECIFlCA liONS.
9. IT IS THE RESPONSlStUlY OF THE CR,4QINC CONlRACTOR TO DISPOSE
OFT-SItE AU. TMES, Sl\lUPs. &RUSH. OR DlHER OEBRtS '1HAT EXISTS
'MMN THE CQNS1RUClIDH AREAS; QtSPOSAl SHAU, BE IN CDMPUANCE
WITH MPCA REQ1JIRDlENTS. lREE'S TO ,.EMAlN SIW.1. BE DESIGNATED BY
11iE ENGINEER.
,0. 1HE GAADlNC CClN1RACTOR SHALL SCHEOULE 1HE SOILS tNCIHEtR 50
'THAT CERnACAnDN OF N.1. CDNlROLL.ED FILLS CAN BE FURNISHED 10
1HE. OWNER DURI",G AND UPON COMPLEnDN OF THE PROJECT.
II, 1lENSI1Y lE,,"S SMAlJ. BE ,..EN 10 EVALUATE !HE ~AC1IllN WI_
THE STREETS. TRAVEl. WAyS tlR ._IHC LOTI. l\mlIN !HE UP.ER 3 FEET
OF STllEET SUB GRADE. 1I<E COIITRACTOII SH.II.L INSURE 1IIAT AU. SCI1.S
BE NOt WORE lHAN ONE PERCENTAGE POINT O~ 1ME SOL"S STANDARD
PROCTOR OP11MUM lr.lasTUfIE CON'Tt'NT. ANa 1KAT COMPACnQN TO "
Jr.lINlWUM OF '001 OF STANDARD PMOCT IN
AREAS BELOW 'tHE UPPER THREE FEET
TRAVEL. WAYS DR PNtIClNC LOTS. 'tHE CDN'lRACTOR SHAU. THAT
AU. SOI\.5 BE NOT WORE THAN mE PERCENTflCE POINTS 'tHE.
SOIl.'S STANDARD PRDCTOR OPTIMUM MOISlURt CON'rEHT. AND TH"'T
CQMPACTlON 10 A t.dNlMUIol. OF 151 OF STANDARD PRc:x:TCII DENSllY B[
PROVIDED. THE CRAQlNC TOLERANCE FOR 1HESE AREAS 5HALI. .
't'lI1HIN o.,';L
12. ~~~~~~ :O~OR~kPREPvt~A::'Of'p=~DP::&:~t..:;:i.
'THE QRADlNG TOI.ERANCE SHALL BE Q.2$'.. ALJ. EAR1l4WDRK CPEJU,1IONS
SHAU. BE PERFORWED IN ACCORDANCE 'fft1W 'tHE HUD-fWA DATA 5HtET
790 -L4NQ DEVEl.OPMENT WITH CONTRauED EAft~. PFtD't'lOlNC
FOR A WINIMUM or ns STANDARD DENSITY. 011 AS O'tHER\WSE SPECIFIED
BY tHE GEO-lE0iN1CAL ENGINEER.
1). BUhJ)UttG PADS SHOWN ON EACH L.OT ARE T'I'P1CAL ONlY'. THE OEPnt OF 1HE
PAD FROM FRONT TO BACK SHALL BE GRADED THROUGHOUT THE FUU. W1Dnt
OF 'tHE LOT QR AS NECESSARV TO AUOW Fat CONS1RUC11ON OF ... eun.J)INC
AT THE M1N1t.1UU SIDE T.\AD SElBAClCS. (REFER 10 1ME Pl.ANS FOR SPECFlC
=~ ==\:J~~:g~~=,:n:S~1ERED
REMOVED. IT IS THE RESPSONSlBlUT't ~ 'THE CONTRACTOR TO NO'1lF'l'
tHE ENGINEER OF' '!HE CONOlltOH$ AND TO LOCATE THE UNllS Of' 'THE
UNSUITABLE AREAS.
14. uNLE.S5 oncERYASE SPECIFICALLY HDU. 1M! FtLI.Q'MNC 5111
RE-\UETAnON tECHNlQUE5 SHALL BE lUPLEYEHTEO. ALL. OISNRKD
AREAS, EXCEPT STREETS. SHALL. BE coWRED VATH A lIIHIMUM OIF
r 1OPSOIL. AND SHALL BE sttDED \\liTH ...."DOT I25D (CEMERAL SEED) tom(
AT 70 LlS./ACRE. SEEDED AREAS SHAU. BE MULCHED W11H MnI)OT n'PE I
AT 2 TONS/ACRE AND DISC ANCHORED. SEEDlNC AND I.IUI.QQNO SHAlL
BE CDMPL!.lED "'TlIN 2 WEEKS AF1ER EAR1M MD'JING OPERAtIONS
~~~~BERAL~~~ ~SH~)W::'ia~~
~ a OR EQUIvALENT AND APPUED 4T 350 POUNDS PER ACRE. PER'nUUR
IS 10 BE INCORPORAtED 1N'rO 'ft.IE saNG OR
SOIoItD'lHEIlSlJt'~_S. I,
OR YiHEN TDAPERAlURES DO NOT
mE CON ORYANT
DQRNANT #oRAtiON,
RECUI 'THE SAME
SECT\CII SEED SH
Y6i1CHts 21~
DO HOT Ell SH
CCIN'lRACTllR'S WENSE.
15. IT IS 1ME RESPOHSlBIUTY OF TKE CONTRACTOR 10 KEP PUBUC
SlREtTS. TRAVEl. WAys' PARKINO LOts ANa 1RAILS FREE a; DIRT AND
0'IlttR DEBRIS lIltICH RES\ll.1S FROII SAID GRADING CClNSTlWC1lON.
~Nte c:RADlNC NOT!S'
1. 1HE EXiStiNG TOPOGRAPHY AND CONTOUR tLEVA110JIIS CIN 11<< PLANS
935 ~og,~Ji.tv": 1l;t"~"c ~DN~:"'~..(2"~~
IS EQUAL TO t ONE HALf' lHE CONTOUR IN.l'ERYAL..
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DRAWN BY
RWD
DAnE
'0/25/04
REVlSlONS
CAD FILE
Exhibit B
PROPOSED SITE/GRADING PLAN
I 925
30+00
~.
PROF. ENGR. CONSULT.
49139265
P.131
.+ 20J L1TTI..U CANADA ROAD
~\/1T!\ Z~O
SMN1' PAUl..
l'o1J1'/Nl1S0TA ~~t\7
Tel..' ~~J -4"O-':Z~~
fAX: 651-490.92cl5
\. ! :
~(Ot-f,SSIONAL EN(;INEE~JNG CONSULTANTS
INCORPORA,TJ-;P
October 12, 2004
Maura Dilley
Minnehaha Creek
182,,2 Minnetonka
Deephaven, MN
Watershed District
:Blvd
55391
.
Subj; Martin Davis Water Resource
Permit Application
26310 Birch Bluff
Shorewood, Minnesota
PEe #6439
Dear Ms. Dilley:
In accordance with our previous conversation, with both you and
with Mr. Jesee Carlson, we are submitting a permit application on
behalf of Mr. Martin Davis, the property owner. Mr. Davia had
previously allowed a loc~l contractor to place fill material from
another jobsite on his property. The City of Shorewood came out
and issued an order for the contr~ctor to'remove the fill material,
and that was performed.
.
At the present time, we are not aware of any fill material having
been left OD th~ site. Fill materl$l h~d been plaoed within the
sou eh. basin but had not been placed in either of the two north
basins nea~ the lake.
We had told Mr. Davis that silt fence should be placed around each
of the wetland basins and the entire area should be resep.ded with
grasses. It is our understanding that this has been done. Based
upon our review of the site and the permit informa~ion, it is our
opinion an erosion control perrott and a wetland protection permit
would be required, in accordance with the Carlson memo of 10-6-04.
With regard to the south basin, there is a question as to whether
or not natural hydric soil.s come into pl~y in this hasin area. If,
indeed, this basjn can be identified as a wetland, then roadway
surface runoff should be diverted from direct drainage into this
b~5in, unless this were permitted work and an outlet provided.
Exhibit C
APPLICANT'S CONSULTANT'S
LETTER
Dated 12 October 2004
.
.
PROF. ENGR. CONSULI.
Pagf) Two
4"""''''':'::00
t-'".l:::I":::
We are enclosing two sets of drawings which identify all
characteristics at the Davi5 5i te. We ha.ve identified the location
of required silt fence at this time, and have included a typical
detail foI' silt fence installation. We have also provided a simple
outline for erosion control. We have further advised Mr. Oavis that
should he undertake any site grading projects, he should first ~lan
,his proposed project and then have qualified personnel assist'him
in ~ny such endeavor.
RespectfullY'~
Professional Engi eering Consultants,
~;Z
Brian R. Dobie~ P.E.
President
",",,-,
Inc.
.
.
PROF. ENGR. CONSULT.
4909265
P.03
~~9SION CQN~~Q~ P~QC~~U~~~
1. InRtall silt fence where designated on this site plan.
Z. In any upland areas disturbed by removal of fill matp.r.1.n.ls
from th19 site, thoroughly ac.~lfy the e~isting topsoil to a
depth of 3" and harrow to 8 smooth condition.
3.
Hand broadcast a mixture of 20% oats, 30% perennial rye gr~ss
and 50% roadwBy/ditch grass seed. The grass seed shall meet
the requirements of MN/DOT 3876. Seed at a rate Of five pounds
per hund~ed square feet.
4. A,t a.ny li:,llope locations greater than one vertical to four
horizontal, apply m\llch oV~r the seeded gro\md, with mulch
meeting r.-equi.r.eroents of MN/DOT 3882.
5. Do not remove silt fence until seeded area uphill from fenc~
1s gO% green.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 'www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
.
DATE:
Planning Commission, Mayor and City Council
Larry Brown, Director of Public Works ~
December 3, 2004
TO:
FROM:
RE:
Davis, Martin - Conditional Use Permit for Fill In Excess of 100
Cubic Yards
Engineering File: 04-10
This subject property is located at 26310 Birch Bluff Road. Attachment 1 is the site
location map.
.
The property is approximately 4.5 acres and is bounded on the north by 400 feet of .
shoreline for Lake Minnetonka, on the east by Grant Lorenz Road and a municipal fire
lane, and on the south by Edgewood Road. Three small wetlands exist on the site. One
on the northeast comer, one on the northwest comer, with the third wetland being located
near the southerly property line of the parcel. The site also contains many mature trees
including oak, maple and ash.
Background
In August of this year, the City posted a stop work order for placement of fill and grading
on the site without the necessary permits. The contractor on site was directed to remove
1,200 cubic yards of material that had been placed in and around the existing wetlands.
Representatives of Minnehaha Creek Watershed District issued a similar order, directing
the applicant to submit an erosion control plan and to apply for a wetland protection
permit. The applicant has already obtained a permit to rip-rap the shoreline of the subject
parcel.
Grading and Drainage
In general, the site drains to the existing wetlands on site. Each one of the wetlands traps
water, until they ultimately overtop and flow to Lake Minnetonka.
n
'-J PRINTED ON RECYCLED PAPER
Planning Commission,
Mayor and City Council
CUP for 26310 Birch Bluff Road
December 2, 2004
Page 2 of 3
The applicant's contractor had placed approximately 1,200 cubic yards of fill material
within and around the existing wetlands on the site, and has planted arborvitae adjacent
the entire length of Edgewood Road, Grant Lorenz Road and the fire lane. The newly
placed arborvitae are spaced approximately 5.0 feet on center creating a "living fence."
As part of the planting process of the arborvitae, the grade was .raised between 0.5 to 1;0
foot along the entire south and easterly property boundaries. This increase in elevation
along the boulevard has obstructed the natural path of drainage from Edgewood Road.
.
Drainage from Edgewood Road, prior to fill being placed, would flow to the roadway low
point, elevation 935, and then to the existing wetland on the south side of the property. It
is very probable that the wetland exists due to the drainage generated from the roadway
area. Since the plantings have been installed, water pools onEdgewood Road, which
creates a hazard to motorists during heavy rainfall events.
City Staff and representatives of MCWD are recommending that a spillway be re-
established along the low point of Edgewood Road, (shown in Attachment 2) to allow
roadway runoffto be directed back to the wetland area. . This will require remoyal of
several arborvitae along Edgewood Road and construction of a spillway to protect against
eroSIOn.
Similarly, there exists a culvert under Grant Lorenz that drains to the wetland located in
the northeast comer of the site. This culvert opening is to remain unobstructed.
.
Staff consulted with representatives from MCWD, to determine if the culvert under Grant
Lorenz Road would be better located within the fire lane (noted as fourth street), and
redirected towards the lake. Representatives from MCWD stated that currently, the
existing wetland basin treats runoff from this culvert. Relocation of this culvert towards
the lake would result in additional nutrients being added to Lake Minnetonka. This is
undesirable. Therefore, this culvert is to remain, as it existed prior to filling operations.
The remaining grading near the residence is inconsequential to the overall drainage of the
site. However, grading around the mature tress on the site will have to be addressed.
This will be addressed in the City Planner's memorandum.
Shoreline rip-rap
The applicant has obtained a permit from MCWD to rip rap the shoreline. Large rocks
have already been placed along the majority of the shoreline. I
.
.
Planning Commission,
Mayor and City Council
CUP for 26310 Birch Bluff Road
December 2, 2004
Page 3 of 3
Of concern is the terminus of the rip-rap adjacent the fire lane. The applicant needs to
provide the City with documentation, by his engineer or surveyor, that the rip rap does
not extend into the right of way for the fire lane access. Assuming that the rip rap is
within the property boundary for the site, grading around the end boulder is to be sloped
on the south side to prevent a pedestrian, snowmobile or emergency vehicle from striking
the south side of the large stone.
Recommendations
Staff is recommending approval of the Conditional Use Permit for 26310 Birch Bluff
Road, contingent upon the following conditions:
1. The applicant's engineer shall revise the grading drainage and erosion control plan
which demonstrates positive drainage and spillway from the low point of Edgewood
Road, adjacent the subject property, to the southerly wetland on site.
2. Grading for the site shall insure that the culvert on the east side of the site is
unobstructed by the proposed construction.
3. The Grading Drainage and Erosion Control Plan shall meet or exceed the
requirements of the Minnehaha Creek Watershed District.
4. Tree protection is to be addressed by the applicant in accordance to the City of
Shorewood Tree Protection Policy.
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1 DO YEAR FLOOD PLAIN (BELOW
'!HE 93\.5 CONTOUR).
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EXISlING WETLAND lHA T HAS BEEN
DISTURBED. WE1LAND AREA TO BE
RESTORED TO ORIGIN GAL GRADE AND
SEEDED W1'!H Mn/DOT MIX 310.
AFTER SEEDING, INSTALL SILT FENCE.
~
NO FIWNG IS ALLOWED IN '!HE 100 YEAR
FLOOD PLAIN (BELOW THE 931.5 CONTOUR).
LOW POINT I
SPILLWAY
1.EW::Ill
N
+800.00
+aolJ.oo
- --~ --lQOQ-- ----
1000
~~
.~
PROPOSED SPOT ELEVATION
EXISlING SPOT ELEVATION
EXISTING CONTOURS
PROPOSED CONTOURS
TREE UNE
EXISTING SANITARY SEWER
E~STING STORM SEWER
EXISTING WATER MAIN
PROPOSED STORM SEWER
PROPOSED SILT FENCE
PROPOSED HEAVY DUTY SILT FENCE
EXISlING ASPHALT SURFACE
EXISTING CONCRETE SURFACE
E~STING OVERHEAO TELEPHONE LINE
EXISTING OVERHEAD POWER LINE
EXISlING OVERHEAD CABLE TV LINE
->->~~-
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CCo:.cO::OX(,,^")XO;;':OXC
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SCALE IN FEET
o 30 60
1""'\-.--
1 Inch = 30 f..t
nOSlON cnNlROI Nn"'~
90
,
TOPSOIL: ALL DISTURBED AREAS SHALL HAVE A
MINIMUM OF 6 INCHES OF TOPSOI~ PLACED.
FERnUZER: APP~ Y 350 POUNDS PER ACRE OF
20-5-10, 801I W.I.N. Oll C OR EQUI~VALENT FOR
'250 MIX (l'/PlCAL). APP~ Y AT 40D POUNDS PER
ACRE FOR '240 OR '2S0AG MIX. INCORPORATE IT
INTO '!HE TOP tHREE (3) TO FOUR (4) INCHES OF
SURF ACE BY DISKING DR SOME OlHER SUITASLE
MEANS.
SEEDING: SEED IIIX SHALL BE MnDOT MIX
NO. 250 AT 70 POUNDS PER ACRE (l'IPICA~). FOR
SANDY SOILS APP~ Y ","DOT MIX NO. 240 AT 75
POUNDS PER ACRE. NEXT TO AGRICULTURAL AREAS
APPLY IInOOT MIX NO. 280AG AT 50 POUNDS PER
ACRE.
BLANKET: ALL SLOPES BETWEEN I: 3 AND I: 2 SHALL
BE SEEDED W1lH WOOD FIBER BLANKET. USE
CATEGORY 3 OR 4 ON SLOPES I: 2 AND STEEPER.
ALSO DITCH BOTTOMS GREATER lHAN 211
MU~CHING: TYPE 1 STRAW SHOULD BE SPREAD
UNIFORMIL Y AT A RATE OF 2 TONS PER ACRE AND
DISC ANCHORED ON ALL SLOPES 1:3 OR FLATTER.
USE l'IPE 4 ON SLOPES BETWEEN 1: 3 AND I: 2.
ALL SEEDING AND MU~CHING SHALL TAKEP~ACE
WITHIN TWO (2) \\&KS OF '!HE COMPLETED CRADING
OPERA liON OR AT lHE BEGINNING OF THE NEXT
SEEDING PERIOD PER CONSTRucnON SPECIFlCAlIONS.
--
EXISTING CULVERT
EROSION CONTROL FENCE
REMOVE EX. RIP RAP. RESTORE
SHOREUNE ""''!H RIP RAP AT
3: I MAX SLOPE TO MATCH
EXlSllNG TOP OF BANK.
935
1 inch = 5 f..t (Horl,ontal)
1 inch = 2 r..t (Vertical)
I
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930
925
0+00
0+00
20+00
~1!:RAL eRA-DING NDtts;
I. SPECIFICATIONS WHICH APPLY ARE THE MOST RECENT EDl110NS OF THE
CITY OF SHOREWOOD AND 'tHE MINNESOTA OEPARlWENT OF tRANSPORT" 'RON
SPEClflCAllDNS FOR HIGHWAY CONSTRUCTION UNLESS MODIFiED HEREIN ON
'THESE CDNlRACT DOCUMENT$.
2. IT IS 11-IE RESPQNS18lU1'Y OF THE CONTRACTOR TO UlIU%E THE
.COPHER STATE ONE CAU.- EXCAVA110N NonCE SYS1EM AS REQUIRED UNDER
MINNESOTA STATUTE CHAPtER 21&0. 48 HOURS PRtOR TO PERFQRNINC ANY
EXCAVATION (PHDNf.: e51-4M-OOD2 IN lHE T'MN aTlES MElRO AREA OR
TCU. FREE l-BOO-252-11Ei6).
3. GRADING CONTRACTOR SHALL VERIFY LOCATIONS. AND ELEVAnDNS OF
AU. UNDERGROUND U'TIUTIES 'M'TH THE RESPECTIvE UTIUT'l' COMPAN!.ES
PRIOR TO CONST1lUcnON.
4. AU. CONSlRUC'TIa.I AS CAuED FOR ON THESE CQNlRACT DOCUMENTS
SHAU. BE PfRF'ORMtD IN ACCORDANCE NTH AlL OSHA REQUIREMENTS.
5: AU. LOT AND EASEMENT DIMENSIONS ARE SUBJECT TO FINAL PLAT.
I. All EROSION CONTROL. MEASURES CA.L.LED FOR ON THESE PlANS AND
SPEOFlCAllONS. MtICH MA.Y INCLUDE 51U FENCE. SEDIMENTAllON
BASINS OR lnlPORARY SECIIMENT TRAPS, SHALL BE CONSTRUCTm AND
SERVlCEABl.E IN THE FQU.O'MNC ORDER. AS REQUIRED. AND IN CQl.lPUA.NCE
'MTH PMT IV OF THE MPCA GENERAl STORM WATER PERMIT (SEE -NPDES
REQUIREMEtns.).
a. ROCK CONSTRUcnoN ENTRANCES.
b. SILT FENCE.
c. TEMPQRARY CULVERtS.
d. lEMPQRAR'f SEDlMENTAnON BASINS AND OUTFALL FAQUTlES.
.. STORM WAtER POND CQNSTAUClION.
r. COMMON EXCAVAllON AND EMBANKMENT (GRACING CONSmuC110N).
;. SEED AND MULDl (SEE N01E ,.).
!'t. STRAW BALE BARRIERS IN FlNISHtD CRADED AItE,t.S.
L INLET AND OUn.ET FAOlJnES SUBSEQUENT TO STORM SEWER
CONSTRUCTION.
7. QRADlNG CONTRACTOR SHALL. PROVIDE AND MAINTAIN AU. EROSION
CONTROL MEASURES AS SHO'Mll ON THESE PLANS AND SPEQF1CA 110NS
AND IMPLEMENT ANY AOCIllONAL EROSION CONTROL IIIIEA5URES
NECESSARY IN ORDER TO PROtECT ADJACENT PROPERTY.
8. Al.l. EROSION CQIIlTRCl. FACtUMS SHAlL BE MAINTAINED BY ntE
CRADlNG CON'TRACTeR DURlNC CRADlNG OPERATIONS. ANY TEMPQRARY
FACIUTIES 'MilCH ARE TO BE REMOVED AS CALLED FOR ON 'THESE PL.ANS
ANO SPEClFICA.l1ONS !HAll. BE REMOVED BY THE CRADINC CQNTRACTDR
""'EN DIREClED BY ntE ENGINEER. THE GRADING CONlRACTOR SHALL
THEN RESTORE 'THE SUBSEQUENl\. 't' DISlURBED AREA. IN ACCORDANCE
WITH 'THESE PI..ANS AND SPECFlCA11ON5.
9. IT IS THE RESPQNSJBIU1'Y OF 'tHE CRAQING CONTRACTOR TO DISPOSE
QFF'-S11E ALL TREES. SlUMPS, BRUSH. DR OlliER DEBRIS 1HAT EXISTS
Yl\THIN THE CONSTRUCTION AREAS; DISPOSAL SHALL BE IN CQMPUANCE
WITH MPeA REautRDAENTS. TREES TO REMAIN SHAU. BE DESlGNA1tD BY
1HE ENCINEER.
10. nit GRA.DING CONTRACTOR SHALL SCHEDULE THE SOIL.S ENGlNEtR so
THAT CERTIFICATION OF ALL CQNTROIJ.ED F1I.LS CAN BE FURNISHED TO
THE OYfolER DURING AND UPON CQMPl.EnON OF' tHE PROJECT.
11. DENSlTY TESTS SHAll. BE TAlCD! TO EVALUATE niE CCMPA.C11ON _THIN
THE STREETS. tRAvEL WAYS OR PARIQNG LOTS. WITHIN THE UPPER .3 FEET
OF STREET sua GRADE. THE CONTRACTOR SHALL INSURE lHAT ALL SOILS
BE NOT MORE lHAN ONE PERCENTAGE POlHT C\ER 1ME SOIl. 'S STANDARD
PROCTOR QPTlMUM MOISTURE CON'T!NT. AND tHAT COIIIIPACTJON TO A
MINlhlUM OF lQOS OF OENSJTV BE PROVIDED. IN
AREAS BELOW THE \I OF SUBORADE: or 'THE STREETS.
TRAvEL WA"l'S OR PARKING CONlRACTOR SHALL INSURE THAT
Al.l. SOI1.S BE NOT MORE THAN PERCENTAGE POINTS OYER 1HE
5OIL'S STANDARD PROCTOR OPnNUM MOISTURE CONlENT. AND THAT
CQMPAC11DN TO A MtNlMUM OF 95X OF S1'ANOARD PROCTOR DENSITY BE
PROVIDED. 'THE GRADlNC TOLERANCE FOR THESE AREAS SHAIJ. BE
W1lHlN o.l',z.
12. LOT GRADINC AND/OR 'THE PREPARATION OF' BUCLDING PADS SHAIJ. BE
CONSTRUCTEO IN ACCORDANCE WITH tHESE PLANS AND SPECIFICATIONS.
lHE GRADlNC TOlERANCE SHALL BE 0.=':. ALL EARlHWCRK OPERAllONS
SHAlL. BE PERFORMED IN ACCORDANCE 'M'TH lHE HUD-FHA DATA SHEET
79G -LAND DE\IEl.OPMtNT W1lH CONTRou.ED -EARltIWORK". PRO\I\DING
FOR A MINIMUM OF VSS STANDARD OENSllY. OR AS OTHERYltSE SPECIFIED
BY lHE GEo-lEONCAL ENGINEER.
13. BUIlDING PADS SHOWN ON EACH 1..01 ARE rYPlCAL ONl.Y. THE DEPTH OF lHE
PAD FROt.l FRONT TO SACl( SHAU. BE GRADED THROUGHOUT THE FULL W1Dnt
OF' 1ME LOT OR AS NECESSARY TO A1l.OW FOR CONSlRuCTlON OF A BUILDlNC
AT notE MINIMUM SIDE 'fARO SElBACICS. (mtR TO THE PLANS FOR SPEQFIC
SETBACK D1STANCE5.) IF" UNSUITABl..E son.. CONDITIONS ARE ENCOUNTEREO
W1TltN A PROPOSED BUILDING PAD 1tlAT CANNOT BE CORRECTED OR
AEMO\UI. IT IS tHE RESPSONSlBlUT'l' OF lHE CQN1RACTDR TO. NOTiFY
lHE ENGINEER OF lHE CONDITIONS AND TO LOCATE THE UMITS OF 1WE
UNSUITABLE AREAS.
14. UNlESS 01tl(R\\1SE SPECIFICALLY HOlm, 'THE F'OLl.OWlNG SITE
RE-\lECETATlQN tECHNIQUES SHALL BE IhlPLO.\ENTED. AU. DISl\JRBED
AREAS. EXCEPT STR1ETS. SHALL BE CO'vERED WITH A MlNlI4UhI OF
6- TOPSOIl. AND SHAU.. BE SEEDED WITH J.lrtDOT I2S0 (GENERAl. SEED) MIX
AT 70 LB5./ACRE. 'SEEDED AREAS !HAU. BE MUL04ED WI..... MnDOT 1'Yf'E 1
AT 2 TONS/ACRE AND DISC ANCHORED. SEEOlNC AND MULCHiNG SHAIJ.
BE COMPLETED 'MTHlN 2. WEEKS A.F1ER EARTH MO\1NG OPERATIONS
~~FieER"'i~ ~~~H~):~~22!'::\'D'~.
ox 0 OR EQUIVALENT AND APPUED AT JSO POUNDS PER ACRt:. FmllUZER
IS TO BE INCORPORAlED INTO 1ME TOP J TO 4 IN
SOME OTHER SUITABLE MEANS.
OR VtttEN ltMPERAlURES DO NOT
THE CON'l'RACTOR SHAl.1. DOI':MANT
DORMANT SEED BED PREPARATION,
RE(lUlRE;M[NTS SHAU. BE 'THE SAME aN THIS
SEctiON EXCEPT 'THAT NO SEED $HALJ. BE PI.A ON SNOW OR ICE
~CH IS GREATER 'THAN 2 1ND4ES ... DEPTH. ANY SEEDED AREAS ..lot
DO NOT SECOME ESTABUSHED SHALL SE RE-SEEOEO AT 1HE
CC>llRA~S EXPfJOIlE
15. IT IS tHE RESPONSIBIUTY oF tHE CONTRACTOR TO KEEP PUBUC
SlREEl'S. 'TRAVEL WAys' PAROle LOTS AND TRAlLS FREE (IF mAT AND
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RECEIVED
DEe - 9 2004
911)' Qf SHOREWOOD .
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD- SHOREWOOD, MINNESOTA 55331-8927 - (952) 474-3236
FAX (952) 474-0128 - www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANI;>UM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
27 January 2005
RE:
Davis, Martin - C.U.P. for Fill
FILE NO.:
405(04.35)
In December oflast year, the Planning Commission conducted a public hearing to consider a
request by Martin Davis to place fill in excess of 100 cubic yards on his property at 26310 Birch
Bluff Road. At that time a number of concerns were raised by staff (see Planner's memorandum,
dated 2 December 2004 and Engineer's memorandum, dated 3 December 2004).
.
Mr. Davis' engineering consultant has submitted a letter addressing staffs concerns (see Exhibit
A, attached) and a revised grading plan (see Exhibit B). Staffhas reviewed these plans and
recommends approval of a conditional use permit, subject to the recommendations made in the
earlier staff report andsubjectto the applicant making the improvements recommended by his
consulting engineer. Of critical importance is the construction ofthe spillway from Birch Bluff
Road to the southerly wetland area. This should be done as early in the construction season as
weather permits, so as to restore drainage from the public right-of-way as soon as possible.
Similar to the riprap requirement on the existing culvert on the east side of the property, riprap
should be placed at the discharge end of the spillway.
It is further recommended that prior to commencement of any work, the applicant must provide
cost estimates for the wetland restoration, the spillway construction, tree protection measures
(consistent with Tree Preservation Policy), and riprapping. From these estimates the c.u.P.
should provide for a cash escrow or letter of credit in the amount of 150 percent of the estimate
to ensUre that the work is completed by August of 2005.
Cc: Craig Dawson
Tim Keane
Larry Brown
Martin Davis
Brian Dobie
ft
'-.1 PRINTED ON RECYCLED PAPER
#= 8. A . (2..)
--i+ 203 LITTLE CANADA ROAD
SUITE 280
SAINT PAUL
MINNESOTA 55117
TEL: 651-490-9266
FAX: 651-490-9265
[,:: I;' ':' ,~ ~, 0j ~ ,~ 'u' Il'i: ~
"XROFESSIONAL ENGINEERING CONSULT ANTS
INCORPORATED
January 26, 2005
Mr. Brad Nielsen
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.
Subj: Davis Property
26310 Birch Bluff Road
Shorewood, Minnesota
PEC #6501
Dear Mr. Nielsen:
This letter pertains to the proposed grading plan enclosed, which
has been prepared by James R. Hill, Inc., and is dated October 25,
2004. We visited with you at your office and met with Larry Brown,
your City Engineer. Troy Livgard from James R. Hill, Inc., and Mr.
Davis and I discussed this property with you on December 15, 2004,
at your office.
At our meeting you had two concerns with respect to the grading
plan and one concern in general:
.
1.
The proposed grades identify a 33" Maple and a 39" Ash tree
north of the existing house as receiving earth material over
the existing ground surface.
2. No riprap was identified as being placed at the outfall of the
existing culvert at the west side of the intersection of Birch
Bluff Road and Grant Lorenz Road.
3. Your general concern was that the depression in the property
south of the guest house and north of Edge Wood Road continue
to serve as a detention ponding area for runoff and storm
events from the Edge Wood Road existing roadway area.
Mr. Davis requested that I provide you with this letter and the
notation that covers your above concerns:
Exhibit A
APPLICANT'S ENGINEER'S LETTER
Dated 26 January 2005
Page Two
1. Prior to any placement of earth materials for the gradin~
activity, flagging will be installed by our office at the dril'
line for these two trees, and no earth placement will bE)
performed within either drip line. This will require warping
the grades in the vicinity of these two trees and lowering the
new grades to accommodate this protection. It will be easier
to do this in the field then keep revising in the grading plan
and at a lower cost.
2.
.
.
A simple 8' diameter placement of 4" to 6" size riprap over a
single layer of geotextile will be installed at the outfall of
the existing culvert extending west from the Birch Bluff -
Grant Lorenz intersection. This riprap will have a bowl shape
and will be approximl.\.tely 8" in overall thickness with a
uniform rim to encourage dissipation of discharge from the
culvert. There does not appear to have been any erosion from
the existing condition, but this will provide further
protection.
a.
The basin area south of guest house which is presently
surrounded by silt fence will not be diminished in size or
filled-in in any manner. There is still some old fill material
situated in the east portion of that basin, which would be
removed during the seeding operation this Spring. In addition,
a small concrete spillway could easily be added between some
of the perimeter shrubs so that shoulder drainage would not be
a problem for the roadway.
Mr. Davis said that he does not want to get into conveying an
easement, but will not inhibit the historic drainage which has
been occurring for many years. This Spring and Summer, we will
conduct a small hydrology study of this basin. It is our
tentative opinion that this basin does not satisfy the
hydrology requirements by natural means in order to meet the
criteria for identification as a jurisdictional wetland.
Regardless of whether or not it ultimately satisfies wetland
requirements, Mr. Davis has assured us and you that the City
can continue to rely on this basin area for drainage
protection for the roadway.
Last Fall, Mr. Davis requested the earthwork contractor to remove
any and all fill material from wet l.and areas, in accordance with
the order from the Watershed District. In .addition, Mr. Davis had
placed silt fence around a buffer zone for the we~lands. The only
item left on the Watershed District order was to seed the property
beyond the wetlands this Spring. After that work, the Watershed
District will make periodic vi~its to observe the "greening up" of
the property.
.
.
Page Three
Mr. Davis has asked me to a~sure you that he will keep protection
of roadway drainage foremost in his mind. He certainly does not
want to cause harm to the mature trees on his site - trees which
truly are majestic and valuable. If you have any further concerns,
Mr. Davis will do his utmost to incorporate your suggestions in any
future site work.
Respectfully,
prOfass~nal ,?;r;;=ultants,
Brian R. D~e, P.E.
President
Inc.
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR
MARTIN DAVIS
WHEREAS, Martin Davis(Applicant) is the owner of real property located at 26310
Birch Bluff Road, in the City of Shorewood, County of Hennepin, legally described as:
.
"The following described land situated in the County of Hennepin and State of
Minnesota;
All that part of Lot 2, Section 29, Township 117, Range 23 lying West of the West line
of Manns Addition to Birch Bluff.
Subject to that certain easement as set forth in Book 691 of Deeds, page 334;
Subject also to that certain public easement set out in deed of record in CR Book 446 of
Deeds, page 238, as to that portion of the East 20 feet ofthe premises lying South of an
extension Westward of the Northerly line ofthe Paradise Avenue shown upon the plat
of Mann's Addition to Birch Bluff."
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to
place up to 1200 cubic yards of fill to level off and landscape the above-referenced property;
and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place fill
in excess of 100 cubic yards; 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, Mayor and
City Council dated 2 December 2004 and 27 January 2005, which memoranda are on file at
City Hall; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Commission, Mayor
and City Council dated 3 December 2004, 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 7 December 2004, 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 28 February 2005, at which time the Planner's memoranda, the City
Engineer's memorandum and the minutes ofthe 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
l. That the proposed fill will not exceed six feet in depth and will be used to level
and landscape Applicant's property.
2. That the area of fill shall be limited to that which is shown on Exhibit A,
attached hereto and made a part hereof.
3. That the slope of the finished grade will not exceed four units horizontal to one
unit vertical.
CONCLUSION
a. The application of Martin Davis for a Conditional Use Permit as set forth
hereinabove be and hereby is granted.
b. The Applicant has agreed to provide erosion control measures as prescribed by
his consulting engineer, a copy of which is attached hereto as Exhibit B, and made a part
hereof.
c. The applicant has further agreed to restore the previous drainage pattern at the
low point of Edgewood Road, abutting the property.
d. Final grading shall be subject to approval by the City Engineer.
e. Erosion control measures must be in place prior to filling.
f. 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 Shore wood this 12th day of June, 1995.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
-2-
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++ 203 LITTLE CANADA ROAD
SUITE 280
SAINT PAUL
MINNESOTA 55117
TEL: 651.490.9266
FAX: 651.490.9265
: .:' .,:' ~~ \!" (0) IJ: i~ 'if iii ifl
o"j{ROFESSIONAL ENGINEERING CONSULTANTS
INCORPORATED
January 26, 2005
Mr. Brad Nielsen
city of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.
subj: Davis Property
26310 Birch Bluff Road
Shorewood, Minnesota
PEC #6501
Dear Mr. Nielsen:
This letter pertains to the proposed grading plan enclosed, which
has been prepared by James R. Hill, Inc., and is dated October 25,
2004. We visited with you at your office and met with Larry Brown,
your City Engineer. Troy Livgard from James R. Hill, Inc., and Mr.
Davis and I discussed this property with you on December 15 I 2004,
at your office.
At our meeting you had two concerns with respect to the grading
plan and one concern in general:
.
1.
The proposed grades identify a 33" Maple and a 39" Ash tree
north of the existing house as receiving earth material over
the existing ground surface.
2. No riprap was identified as being placed at the outfall of the
existing culvert at the west side of the intersection of Birch
Bluff Road and Grant Lorenz Road.
3. Your general concern was that the depression in the property
south of the guest house and north of Edge Wood Road continue
to serve as a detention ponding area for runoff and storm
events from the Edge Wood Road existing roadway area.
Mr. Davis requested that I provide you with this letter and the
notation that covers your above concerns:
Exhibit B
Page Two
1. Prior to any placement of earth materials for the gradin~
acti vi ty I flagging will be installed by our office at the dri l'
line for these two trees, and no earth placement will be
performed within either drip line. This will require warping
the grades in the vicinity of these two trees and lowering the
new grades to accommodate this protection. It will be easier
to do this in the field then keep revising in the grading plan
and at a lower cost.
2 .
.
.
A simple 8' diameter placement of 4" to 6" size riprap over a
single layer of geotextile will be installed at the outfall of
the existing culvert extending west from the Birch Bluff -
Grant Lorenz intersection. This riprap will have a bowl shape
and will be approximately 8" in overall thickness. with a
uniform rim to encourage dissipation of discharge from the
culvert. There does not appear to have been any erosion from
the existing condition, but this will provide further
protection.
3.
The basin area south of guest house which is presently
surrounded by silt fence will not be diminished in size or
filled-in in any manner. There is still some old fill material
situated in the east portion of that basin, which would be
removed during the seeding operation this Spring. In addition,
a ~mall concrete spillway could easily be added between some
of the perimeter shrubs so that shoulder drainage would not be
a problem for the roadway.
Mr. Davis said that he does not want to get into conveying an
easement, but will not inhibit the historic drainage which has
been occurring for many years. This Spring and Summer, we will
conduct a small hydrology study of this basin. It is our
tentative opinion that this basin does not satisfy the
hydrology requirements by natural means in order to meet the
criteria for identification as a jurisdictional wetland.
Regardless of whether or not it ultimately satisfies wetland
requirements I Mr. Davis has assured us and you that the City
can continue to rely on this basin area for drainage
protection for the roadway.
Last Fall, Mr. Davis requested the earthwork contractor to remove
any and all fill material from wet l.and areas, in accordance with
the order from the Watershed District. In ,addition, Mr. Davis had
placed silt fence around a buffer zone for the we~lands. The only
item left on the Watershed District order was to seed the property
beyond the wetlands this Spring. After that work, the Watershed
District will make periodic visits to observe the "greening up" of
the property.
.
.
Page Three
Hr. Davis has asked me to assure you that he will keep protection
of roadway drainage foremost in his mind. He certainly lU0s not
want to cause harm to the mature trees on his site - trees which
truly are majestic and valuable. If you have any further concerns,
Mr. Davis will do his utmost to incorporate your suggestions in any
future site work.
Respectfully,
professional,Enginnng Consultants,
---/f )/~
Brian R. D~bie, P.E.
President
Inc.
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1201.03 SOOD. 11. (SIGNS) OF THE
SHOREWOOD ZONING CODE
Section 1. Section 1201.03 Subd. 11.c.( 4) of the Shorewood City Code is hereby
amended to add:
"Any new business that has applied for its pelmanent business sign may, at the
same time, apply for a temporary business sign to be displayed for no longer than
30 days, or until the permanent sign has been erected, whichever comes first. The
temporary business sign shall be professionally prepared and shall be no larger
than the approved permanent sign."
.
Section 2. This Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th
day of February 2005.
WOODY LOVE, MAYOR
.
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
:j:f 8- B.
t
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
27 January 2005
RE:
Shorewood Village Center - C.D.P. for Multiple Signage
FILE NO.:
405(05.01)
BACKGROUND
.
The owner of the Shorewood Village Shopping Center (see Site Location map - Exhibit
A, attached) is doing some interior remodeling to the center, rearranging tenant spaces
and creating several new, smaller shops (see Exhibit B). Part ofthe rearrangement
includes the elimination of the outdoor sales/rental area at the south end of the center,
moving the hardware space to the north, and the creation of as many as six new tenant
bays on the south side of the building, facing Highway 7. Several other small bays will
be created where the former drug store was located. The result of the remodeling is that
the previously approved sign plan for the center is in need of updating.
Representatives of the center have submitted plans showing how signs may be displayed
on the building (see Exhibits C and D). They have also submitted revised sign criteria
(Exhibit E), providing for more, but smaller, tenant signs, based on tenant type.
ANAL YSIS/RECOMMENDATION
Multiple signage requests for shopping centers are subject to conditional use permit
procedures. The revised plans and sign criteria are generally consistent with the
previously approved C.D.P. for the center. The total amount of signage is based upon ten
percent of the total building silhouette, as viewed from the street. In order to
n
t.J PRINTED ON RECYCLED PAPER
=If 8. G.
Memorandum
Re: Shorewood Village Sign C.D.P.
27 January 2005
accommodate more tenants, the applicant has reduced individual sign allowances from 25
to 20 square feet.
The sign criteria identifies three different types of tenant and sign criteria for each type.
In addition, there are general guidelines that apply to all tenants. It is recommended that
two provisions be added to the general guidelines (Exhibit E-3):
"14. All signs require permits, approved by the City of Shorewood.
15. The City of Shorewood has the right to enter the property to remove
unauthorized signs."
.
These are provisions that are written into the Council resolution approving the C.D.P. and
are considered important for prospective tenants to be made aware.
One of the "major tenants" is a: coffee shop to be located on the southwest comer ofthe
building. The sign allowance for this use suggests two signs on the west elevation. It
would make more sense if this tenant space had one south exposure and one west
exposure.
Somewhere in the sign criteria, provisions should be included for which tenants get to
have signs on the freestanding pylon sign in front of the center. Presumably this will be
limited to CUB and major tenants of the center. The applicant should clarify this item.
.
Exhibit E-8 provides for temporary signs and is based upon a proposed amendment to
Shorewood's sign regulations. The rules presently state that each property may have two
temporary signs per year for seven days at a time. This has proven to present a problem
for new businesses moving into commercial buildings. It is not unusual for it to take up
to four weeks to manufacture a quality business sign. Prospective tenants,
understandably, do not even place their order until they have received a permit from the
City. It is recommended that the Shorewood's sign regulations be amended to include
temporary signs for new businesses, no larger than what their permanent signage is
allowed to be, for a period of 30 days from the Council's approval of the permanent sign.
You will note that the applicant has indicated only a two-week period. Based on our
experience, 30 days is recommended. A draft ordinance to that effect will be presented
under separate cover at the Planning Commission meeting on 1 February.
Subject to the recommendations contained herein, it is recommended that the C.D.P. for
Shorewood Village multiple signs be approved.
Cc: Craig Dawson
Tim Keane
David Schwebel
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imi sc,u, SHEET DESCRIPTION: SliEEr NUIl8EIO
Mohagen Nor TO SCAlI: SHOREWOOD VILLAGE CENTER
Hansen DATE: REV. 12/30/04
Architectural :.M:I: PROJECT NO. 04061.0 row REVISED LEASING PLAN 1
Group DRAWN BY: COLLIERS TURLEY Exhibit B
1415 Easl Wayzala Blvd Tel 952.473.1985 p, CARR. D. GROTHE
Suile 200 Fax 952.473.1340 CQI.4PUTER PATH: MARTIN TUCKER PROPOSED FLOOR PLA
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PROPOSED WEST ELEVATION
EXISTING WEST ELEVATION
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BUILDING ELEVATION
January 4., 2005
SHOREWOOD VILLAGE CENTER
SIGN CRITERIA
.
AMENDEMENT TO CONDITIONAL USE PERMIT
Calculation of Allowable Square Footage
100;'0 of Project Silouette
Available for Signage
.
560 square feet of signage available for Non-
Cub Foods portion of the project.
Exhibit E-I
SIGN CRITERIA
.
.
Shorewood Sign Criteria
Page 2
INTRODUCTION
"'Ie are pleased to present the modified sign criteria for Shorewood Village Center. Although
some individual variation will be allowed, the new tenant signage must preserve the crucial
uniformity of the newly remodeled center.
This criteria has been developed to insure the mutual benefit of Tenant and Landlord. By
documenting signage detail and articulating the responsibilities of each partner, we will construct
a sign system that meets both economic and aesthetic needs. Economics require that signage be
functional and cost effective. Unnecessary costs will be avoided by guidelines which prevent the
removal of inappropriate signs and the duplicate cost of sign replacement. Aesthetics require that
signage complement the architecture of the complex and contribute to an environment which is
attractive not only to customers but also to potential Tenants.
E-2
Shorewood Sign Criteria
Page 3
GENERAL GUIDELINES
1. Exterior tenant signage shall consist of store identification only, per
specifications attached. Copy shall be restricted to the Tenant's proper
name and product or service.
2. Corporate logos, emblems, shields and similar identifying devices shall be
permitted only if approved by the Landlord. Fluorescent illuminated light boxes are
prohibited.
.
3.
Each Tenant is limited to one exterior building sign, with the exception ofthose
Tenants which have two or more elevations or exposures.
4. Letter styles are to be selected by the Tenant. The Landlord encourages
creative and distinctive use ofletter styles subject to Landlord approval.
5. Moving, rotating, flashing, blinking, message-changing, noise-making or
odor-producing signs shall not be allowed.
6. Cloth, wood, paper or cardboard signs, stickers, vinyl or decal signs or any
identification painted on the window surface are not allowed.
7.
The names, stamps or decals of manufacturers or installers shall not be
visible except for technical data required by governing authorities.
.
8. Letter material, color and size requirements, as per attached specifications,
must be followed.
9. All lines of lettering shall run horizontally.
10. Signs shall be constructed, mounted and located as determined by this
Criteria and the Landlord.
11. The installation of signage and the costs incurred shall be the responsibility of the Tenant,
unless otherwise stipulated in the Tenant's contract.
12. No roof signs are allowed.
13. Exposed ballast boxes or transformers are prohibited.
E-3
Shorewood Sign Criteria
Page 4
IN-LINE AND INTERIOR MALL TENANTS
(Less than 5,000 Square Feet)
There is a maximum of 20 in-line and interior mall Tenants with one exposure(1 sign per Tenant
will be allowed)
Maximum allowance of 20 square feet per sign
Total of 400 square feet of signage for all in-line and interior mall Tenants
TOTAL: 400 square feet
.
1.
All inline and interior mall Tenants with single southern or western exposure will be
allowed exterior fascia mount signs of a size no greater than 20 square feet. Upper and
lower margins shall be at least six inches (6"). The location of interior mall tenant signage
on the sign band shall be determined by Landlord
2. Sign will consist of individual illuminated letters. Illuminated Logos will be allowed with
Landlord approval. Illuminated letters will be internally illuminated by LED or neon only
(no incandescent or fluorescent will be permitted).
3. All letters will be set on the designated sign fascia; color for letters faces
must be chosen from the following translucent colors list:
.
Red
Blue
Green 2030
Yellow2037
2283 (Rohm & Haas or equal)
2214 (Rohm & Haas or equal)
(Rohm & Haas or equal)
(Rohm & Haas or equal)
All letter returns must be painted to match Dark Bronze.
One color per tenant sign is permitted.
4. Letter faces to be of 3/16" thick Plexiglas. All letter faces to be edged
in edgebrite or equal. All back and sides shall be constructed of aluminum
and be attached to fascia of the building with non-corrosive fasteners.
5. All illuminated letters shall be powered by remote transformers or internal
transformers. No raceways are permitted.
6. All illuminated sign fabrication and installation must comply with and display UL Label.
E-4
Shorewood Sign Criteria
Page 5
MAJOR TENANTS
(Multiple Exposures or greater than 5,000 square feet)
There are three exterior Tenants with multiple exposures or more than 5,000 square feet
(Fitness 19)
(True Value Hardware)
(Corner Coffee Shop)
.
Maximum of 160 square feet of signage to be
allocated between three Tenants at the
discretion of Landlord. (Maximum of 3 exterior signs will be allowed per Tenant)
Allocation (may be changed at a later date):
Fitness 19 50 square feet
(One Signs)
south exposure
1 elevation on south
True Value 70 square feet
(Two Signs)
west exposure
2 elevations on west
Corner Coffee 40 square feet
(Two Signs)
west & south exposure
2 elevations on west
.
TOTAL 160 square feet
1. All Major Mall Tenants will be allowed One exterior fascia mount signs per elevation or
exposure with a maximum of three signs. All signs will be set back a minimum of two
feet (2'_0") from both the left and right tenant property lines. The sign must be centered
on the lease space where practical, upper and lower margins shall be at least six inches
(6").
2. Sign will consist of individual illuminated letters. Illuminated Logos will be allowed with
with Landlord approval. Illuminated letters will be internally illuminated by LED or neon
only (no incandescent or fluorescent will be permitted).
3. All letters will be set on the designated sign fascia; color for letters faces
must be chosen from the following translucent colors list:
E-5
.
.
Shorewood Sign Criteria
Page 6
Red 2283 (Rohm & Haas or equal)
Green 2030 (Rohm & Haas or equal)
Yellow2037 (Rohm & Haas or equal)
All letter returns must be painted to match Dark Bronze.
One color per tenant sign is permitted.
4.
Letter faces to be of 3/16" thick Plexiglas. All letter faces to be edged
in edgebrite or equal. All back and sides shall be constructed of aluminum
and be attached to fascia of the building with non-corrosive fasteners.
5.
All illuminated letters shall be powered by remote transformers or internal
transformers. No raceways are permitted.
6. All illuminated sign letter fabrication and installation must comply with
and display UL Label.
E-6
.
.
Shorewood Sign Criteria
Page 7
TENANT AUXILIARY SIGNAGE
1. Tenant to supply rear door signage.
2. Proper names and address numbers are allowed. All numbers and letters
to be 3" in height and copy to be a maximum 14" in width. All copy to be
white vinyl, upper case Helvetica, medium typestyle.
3. Address numbers shall be on the top line with Tenant name below.
Spacing between lines shall be 1-1/2".
4.
Signs will be installed 4'-6' from bottom of door to bottom of Tenant name.
All copy to be left justified 6" from latch side of door jamb.
5. Tenant will be allowed to install an interior window sign with prior Landlord approval.
This sign shall consist of business identification and open/closed information only. Sign
will be limited to four square feet.
E-7
.
.
Shorewood Sign Criteria
Page 8
TEMPORARY SIGNAGE
1. Landlord may from time to time allow the installation of temporary signs on a short term
basis. Landlord may accept or reject a request for temporary signs based upon its sole and
absolute discretion. The City will allow a maximum of two temporary signs in a twelve month
period for seven days at a time for existing tenants and The City will allow new tenants one
temporary sign for a maximum of one two week period while new signage is being constructed
and installed. Temporary sign to be removed immediately upon installation of new sign no later
than two weeks after temporary sign application.
E-8
Shorewood Sign Criteria
Page 9
APPROVAL PROCEDURE
1. Prior to awarding a contract for fabrication and installation of signage,
Tenant shall submit drawings and specifications in triplicate for all
proposed building facade signage. The drawings shall clearly show location
of sign and indicate graphics, color, materials, construction and attachment
details.
.
2.
Tenant shall be responsible for complying with the regulations and
ordinances governing the installation and maintenance of signs of governmental
authorities having jurisdiction of the Leased Premises.
Application for necessary permits and the payment of fees shall be
directed to the appropriate governmental authorities by sign contractor
and charged to the Tenant. Note that one (1) set of drawings bearing
written approval by the Landlord must accompany the sign permit
application.
3. Tenant is required by Landlord to have signs in place within 30 days of
project completion.
4. Landlord approval is required by the City of Shorewood prior to
issuing City pennits.
.
E-9
..
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn,us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
28 January 2005
RE:
Cemetery of the Resurrection - C.D.P. Amendment
FILE NO.:
405(05.02)
BACKGROUND
.
In January of2003, St. John the Baptist Church received a conditional use permit
approving a master plan for the future development of the Cemetery of the Resurrection,
located 5425 Covington Road (see Site Location map - Exhibit A, attached). Their
master plan (see Exhibit B), included plans for two mausoleum structures to be built at
some time in the future. The resolution approving the conditional use permit provided
that church representatives would apply for an amendment to the C.u.P. at such time as
the buildings were to be built and when more specific plans were available. St. John
representatives have now submitted plans for the first of the two buildings.
The site plan for the cemetery has been revised to show a different location for the
building in question (see Exhibit C). This building was originally proposed to be located
on a somewhat steep slope, overlooking the larger of two wetland basins on the property.
They now propose to locate the first building further north on the site on the east side of
the entry roadcoming into the property. They also propose to demolish the existing
garage structure in that location and locate a new one further north on the site on the west
side of the looped drive.
Exhibit D provides a larger site plan for the mausoleum structure. Proposed building
elevations are shown on Exhibit E. This building will be one story in height, and
measures approximately 41' x 69'. Two-thirds of the structure will be 15 feet tall, with
n
'-~ PRINTED ON RECYCLED PAPER
-=IF 8. D.
Memorandum
Re: Cemetery of the Resurrection
28 January 2005
the center third of the building peaking at 30 feet. Construction materials will consist of
granite and glass with a standing seam metal roof. St. John representatives will elaborate
on the architectural appearance and materials at the public hearing scheduled for 1
February. The building will provide space for 364 crypts and 300 cremation niches.
The existing maintenance building for the cemetery is shown on.Exhibit F. This building
will be removed and a new maintenance building will be located just west of the
northwest comer of the loop drive. Plans for this structure have not been provided as of
this writing, however, church representatives describe it as a typical two-car (24' x 24')
garage building with a gable rood and maintenance free siding (or better). It is expected
that this structure will be earth tone in color so as to blend into the site.
.
ANAL YSIS/RECOMMENDATION
A. The Mausoleum. The proposed mausoleum structure is quite consistent with the
concept plans submitted as part of the previous C.D.P. By relocating it from its
original proposed location, the applicants will avoid a considerable amount of site
alteration. In addition, the structure is tucked down into the site and further from
adjoining residential properties. At one story and just over 2800 square feet, its size
is that of a relatively modest home in Shorewood. A circular terrace yvill be located
immediately to the south of the proposed building.
Landscaping, shown on Exhibit D, is somewhat sketchy. However, given the location
of the building within the site, screening or buffering from nearby residential
properties is not considered to be an issue. Presumably the landscaping will
compliment the quality and dignity of the proposed building.
.
B. The Maintenance Building. Although the new building will be somewhat larger than
the existing one, it is considered an improvement. Its proposed location on Exhibit C
shows the building too close to the northerly property line. Since the land to the north
is public right-of-way, a 50-foot setback is required. St. John representatives have
indicated that they may apply for a variance for this structure to be located closer to
the north line.
It is recommended that the amendment to the St. John conditional use permit be approved
subject to the proposed maintenance building being located in compliance with current
zoning standards.
Cc: Craig Dawson
Tim Keane
Larry Brown
Deacon Gary Hoffman
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SITE LOCATION
Cemetery of the Resurrection
.
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TEXT AMENDMENT
LEGEND
.- FOCAL POINT
o ORNAMENTAL TREES
. WOODS
r .J.cl WETLANDS
D EXISTING BURIALS
I~j PROPOSED BURIALS
- - . BUILDING SETBACKS
50' SET BACK FROM WETLAND
--- TRAIL
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SITE INFORMATION
UNDEVELOPED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49.400
WETLANDS 1.79 ACRES 11.9%
OPEN SPACE 5.62 ACRES 37.5%
DEVELOPED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50.6010
EXISTING CEMETERY 4.42 ACRES 29.5%
PROPOSED EXPANSION 3.17 ACRES 21.1 %
TOTAL SITE SIZE 15.00 ACRES 100%
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EXISTING SITE
SOLD
REMAINING
3208 SPACES
2514 SPACES
694 SPACES
SITE EXPANSION
FULL CASKET BURIALS
FULL CASKET BURIALS
(non-monument graves in
setback area)
CREMATION BURIALS
(in ground)
2456
636
656
MAUSOLEUM
COLUMBARIUM
3748 Burials
720
896
1616 Burials
5364 TOTAL
75 YEARS
Cetnetery of the
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~ Shorewood, Minnesota
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N'o significant trees are anticipa 0 b~ ~'ernlved. ~ ~ t.. ,~
Protective fencing around each in i . Qual specimen tree ~ ti'
will be installed in compliance with standards set forth 0 25' 50' 100'
in City Tree Preservation Ordinance as construction '_'-I I
proceeds into each phase. GRAPHIC SCALE
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SANDERS
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BERGL Y
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TREE INVENTORY /
PRESERVATION PLAtN DEe 3 0 2004
I hereby cerllly that this plan.
specification. or report was prepared by
me or under my direct supervision and
that I om 0 duly registered Landscape
Architect under the Jaws of the Stote of
Uinnesoto.
Signature
Date:
Reg. Number:
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MAUSOLEUM SITE PLAN
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Exhibit F
EXISTING GARAGE
February 20, 2005
Brad Nielsen
Planning Director
City of Shorewood
Dear Brad:
After the Planning Commission meeting regarding the plan for St. John's cemetery
mausoleum that did not include bathroom facilities, I made phone calls to seven
local cemeteries to see what their facilities were.
.
Lakewood
Resurrection
Sunset Memorial
Acacia Park
Hillside
Crystal Lake
Fort Snelling
Has facilities in mausoleum
Has facilities in mausoleum
Has facilities in mausoleum
Has facilities in mausoleum
No facilities in mausoleum but on the site
No facilities in mausoleum but in the office
No mausoleum
I have talked to many people about this and they all agreed that there should be
bathroom facilities available on site. This would be especially true when you are
dealing with senior citizens. With the possibility of up to 200 people attending an
internment the odds are that these facilities would be necessary.
.
The church people feel that it would be too costly to add these facilities but the
cost could be built in the cost of the 364 crypts and 300 cremation niches at the
inception. They did say that there would be a small office and a janitorial room.
If you are going to have janitorial services you will need water and sewer.
I hope that the city will consider these facts in approving or rejecting their
proposal.
Sincere!;;,
rfkt-.~~.
Bob Gagne
Shorewood Planning Commission
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
February 23, 2005
TO:
.
F)lOM:
RE:
On Monday, February 14, and Monday, February 28, Council interviewed three candidates for
two openings on the Park Commission. The two seats are for a three-year term from March 1,
2005, through February, 29, 2008. The following candidates were interviewed:
. John Moonen, 25560 Smithtown Road
. Judy Farniok, 25405 Smithtown Road
· Paul Gilbertson, 26055 Smithtown Lane
Council Action
.
Should appointments be made at tonight's meeting, a motion to adopt a Resolution making Park
Commission appointments is in order.
.'A
#9t
'-J PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION MAKING PARK COMMISSION APPOINTMENTS
WHEREAS, the City of Shorewood has advertised for Shorewood residents to apply to
serve on the Park Commission; and
WHEREAS, the City Council did complete interviews and selection procedure for
appointment to said Commission.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Shorewood hereby makes the following appointments to the Park Commission effective March 1,
2005, with the term expiration as indicated:
Park Commission:
Member
.
Term
1.
2.
February 29, 2008
February 29,2008
Said appointments complete the seven member Park Commission which consists of the following
additional members:
Member Term
4. Sue Davis February 28, 2007
5. Mary Lou Meyer February 28,2007 .
6. Julie Westerlund February 28,2007
7. Todd R. Wagner February 28,2006
8. Howard Young February 28,2006
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th
day of February, 2005.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
.
.
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator t1l\.
February 24, 2005 VD
Hennepin County Smoke-Free Ordinance
Hennepin County has adopted an ordinance (Ordinance No. 24) that prohibits smoking in "food
establishments." It has been adopted as a public health matter, rather than a criminal one, and would
be enforced by its "Health Authority", which is the Hennepin County Human Services Department.
This ordinance takes effect on March 31, 2005.
The press has given some prominence given to cities' response to this ordinance, with the most
notable coming from the action of the Mound City Council. In simplest terms, the Mound City
Council said that as it's Hennepin County's ordinance, the County will have responsibility for
enforcement. Several other municipalities in Hennepin County have sent the same message.
Among the SLMPD communities, Excelsior and Tonka Bay have taken such action, and the
Greenwood staff will be recommending that its city council do the same. The SLMPD Police Chief
and SLMPD Attorney have recommended that each of the four city councils not rely on their local
law enforcement authority to enforce the County ordinance.
The SLMPD Attorney notes that he has no authority to prosecute violations of a County ordinance.
The options to the City Council are:
1) adopt its own ordinance, identical to the County's, and then designate SLMPD as the "health
authority" so that it perform enforcement and prosecution; or
2) adopt a resolution indicating that it would prefer Hennepin County to enforce its ordinance
through its health authority (Sec. 2.04.A.2 ofthe County ordinance).
There is also a provision in the County ordinance (Sec. 7.03) that civil remedies may be initiated by
the City Attorney or County Attorney. This provision appears to be available to the City Attorney
without adopting an identical City ordinance.
With the City having few food establishments, and the minimal fine revenue that would be returned
to the City ifit were performing enforcement, staff believes that County enforcement of the
ordinance would be the most prudent course of action. .
RECOMMENDATION: Staff recommends that the Council adopt the resolution expressing its
intent to have Hennepin County enwce its Ordinance No. 24, the "Smoke-Free Ordinance."
~~ PRINTED ON RECYCLED PAPER
*98
CITY OF SHOREWOOD
.
RESOLUTION NO. 05 -
A RESOLUTION DECLINING TO ADOPT A SMOKE-FREE ORDINANCE
DUPLICA TING THE EFFORTS OF HENNEPIN COUNTY
WHEREAS, Hennepin County has adopted an ordinance prohibiting smoking in licensed
liquor and food establishments within Hennepin County; and
WHEREAS, The City of Shorewood is located within Hennepin County and, therefore, the
licensed liquor and food establishments within the City are subject to the new County Ordinance; and
WHEREAS, the new Hennepin County Ordinance provides that cities within the County may
elect to enforce the ordinance or provide Hennepin County with a resolution reflecting its intent to .
have the County enforce its Ordinance; and
WHEREAS, City enforcement would require the City to adopt an ordinance at least as
restrictive as the Hennepin County Ordinance and to expend limited resources performing
enforcement duties that Hennepin County is willing to perform,
NOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of Shorewood, .
Minnesota, hereby expresses its intention to have Hennepin County enforce the provisions of
Hennepin County Ordinance No. 24.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 28th day of February, 2005.
.
Woody Love, Mayor
Attest:
Craig W. Dawson, City Administrator/Clerk
.
.
.
.
.
.
KENNETH N. POTTS, P .A.
Attorney at Law
5101 Thimsen Avenue
Suite 200
MINNETONKA, MINNESOTA 55345
TELEPHONE (952) 474-4240
TELECOPIER (952) 474-0987
February 4, 2005
Mr. Craig Dawson
City Administrator
City of Shorewood
5775 Country Club Road
Shorewood, MN 55331
Ms. Sara K. Irvine
City Administrator
City of Tonka Bay
4901 Manitou Road
Tonka Bay, MN 55331
Mr. Larry Whittaker
City Administrator
City of Excelsior
331 Third Street
Excelsior, MN 55331
Re: Smoking Ban Ordinance
Dear City Administrators:
I enclose a copy of a letter I have written to Deputy Chief John Nieling of the
South Lake Minnetonka Police Department concerning his inquiry involving the
enforcement of the Smoke Free Ordinance that is scheduled to go into effect on March
31, 2005. As I indicate in my letter, since the ordinance was passed by Hennepin County
I have no authority to prosecute violations of the ordinance. This seems reasonable in
light of the fact that any fine revenue generated by those who violate the ordinance goes
directly to the County and not to the City.
However, the City can elect to enforce this ordinance through passing its own
ordinance or it can pass a resolution indicating that it would prefer that Hennepin County
enforce it through their health authority. This is outlined in Section 2.04. It would seem
reasonable to elect the latter alternative seeing as how the city does not receive any of the
fine revenue for violation of this ordinance. In either instance it would be the County that
prosecutes these offenses. Also, the Ordinance specifically allows the "Health
Authority" to issue citations so South Lake should not have to become involved.
City Administrators
Page 2
February 3, 2005
Furthermore, there is a provision for a civil remedy which can be initiated by the
City's civil attorney or the County Attorney. (7.03)
I would ask that you consult with the city's civil attorney to receive his input
concerning his interpretation of this Ordinance and whether the city is obligated to take
any action concerning its implementation.
Thank you for your attention to this matter.
/~~
Kenneth N. Potts
KNP/sb
Enclosures
.
.
.
.
.
.
.
.
.
.
KENNETH N. POTTS, P.A.
Attorney at Law
510 1 Thimsen Avenue
Suite 200
MINNETONKA, MINNESOTA 55345
TELEPHONE (952) 474-4240
TELECOPIER (952) 474-0987
February 3, 2005
Deputy Chief John Nieling
South Lake Minnetonka
Police Department
24150 Smithtown Road
Shorewood, MN 55331
Re: Hennepin County Ordinance 24 as Amended
(Version 1 (10-5-04) Smoke Free Ordinance)
Dear Deputy ChiefNieling:
I have reviewed the Ordinance scheduled to go into effect on March 31, 2005 in
regard to prohibiting smoking in indoor areas of food establishments.
A violation of this ordinance is deemed to be a misdemeanor. However, since this
is a Hennepin County ordinance, any prosecution for violation of a county ordinance is to
be brought by the county attorney. I enclose Minnesota Statute 9375.54. Furthermore,
any fine that is to be collected for violation of this ordinance is paid to the county
treasury pursuant to Minnesota Statute ~375.55. Therefore, it only stands to reason that
this would be a county prosecution and not one that my office would initiate on behalf of
Excelsior, Tonka Bay or Shorewood.
You also inquired as to whether or not South Lake Minnetonka Police Department
would issue citations in regard to a potential violation of this ordinance. I have reviewed
2.04 of the Ordinance which indicates that a City may elect to enforce this ordinance.or
provide verification to Hennepin County of its intention to have the health authority
enforce this ordinance by submitting a resolution of the city council or authorized city
official to Hennepin County. Therefore, in my view if the city councils want South Lake
Minnetonka Police Department to enforce this ordinance they have to specifically state
that they want the police department to do so. Otherwise, they must submit a resolution
indicating that they would prefer to have the Hennepin County health authorities enforce
the ordinance. Please note that there is a specific provision that allows the "Health
Authority"to issue a citation. (7.03). In every case, the criminal charge would be brought
by the County.
Deputy Chief John Nieilng
Page 2
February 3, 2005
.
I will write a letter to the three cities for whom I prosecute and they will have to
decide how they wish to proceed. If you have any questions or comments, please give
me a call.
ZJj~
Kenneth N. Potts
KNP/sb
Enclosure
.
.
.
.
01/25/2005 TUE 16:21 FAX 952 474 4477 SOUTH LAKE MTKA POLICE ~~~ KEN POTTS
ticnnepm ~ounty > lJrd..U1ancc II 24 Smoke-J:'ree Ordinance
~ 0021005
Page 1 of 4
.
H Y~lrCor'rlf!crjon 10
www. . .us r HennepinCounry.
Minnesota.
Text-Nav I S\.te M~D I January 25. 2005
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Ordinance it 24 Smoke-Free Ordinance
DEP~,"'NT
ORDINANCE NO. 24-as amended (version1) 10-
5-04
SMOKE-FREE ORDlNANCE
Human..Services
CONTAcrXNFORNATtON
"The Hennepin County Board of Commissioners does
ordain:"
E-Mail community.hea!th@
co. hennepin .mn.US
Phone 612-348-3925
. S::CTI~N 1: pug POSE:_
1.01 e.u.r.POSl~ This Ordinance is enacted to protect the health, safety, and
general welfare of the people of HennepIn County pursuant to powers granted
under Minnesota Statutes Chapters 145A and 375 and subsequent reco<:hftcatlons
and/or amendments, and other applicable legislation. ~s may be adopted from
time to time.
.1.02 ~~iYes. The principal objectIves of this Ordinance are:
A. To prevent secondhand smoke exposure and Its adverse health effects
on patrons and employees of food establishments; and
8. 10 protect, In particular, the health of vulnerable populations including
children and those with chronIc health conditions.
:iECrxON 2: GENE~L PROVISIONS.
.2.01 S.cope. This Ordinance shall be applicable to all food establishments.
2.02 ~rohibltion5l.
.. SmOkIng is prOhibited in the indoor areas of food establishments
unless otherwIse excluded.
B. Nothing In this Ordinance shall prevent the proprietor or other person
in charge of any place Including, without limitation, any residence, motor
vehicle or outdoor space, from prohibiting smoking In any such place.
C. Nothing in this Ordinance shall prevent other local levels of
government within Hennepin County from adopting measures to protect
citizens rrom secondhand smoke.
D. This Ordinance is intended to complement the Minnesota Clean Indoor
Air Act. Minnesota Statu~s. Sections 144.411 to 144.417, or other
applicable law, as amended from time to time. Nothing in this Ordinance
authorizes smoking In any location where smOking is prohibited or
restricted bv other laws.
.3
Exclusions. This Ordinance does not apply to:
http://www.co.hennepin.mn.us/vgnlportal/intem~lIhcdetailmaster/O,2300, 1273_1716_111955753.... 1/2512005
01/25/2005 TUE 16:22 FAX 952 474 4477 SOUTH LAKE MTKA POLICE H~ KEN POTTS
nennepm LOUDty;> UrdulaJ)ce # 24 Smoke-Free Ordinance
A. Outdoor spaces of food establishments.
B. Locations wl1ere smoking IS expresslv authorized by state or federal
law, rule, or regulation.
C. The use of tobacco as part of a recognized reHgious ritual or activity.
D_ Guest rooms of a hocel or motel.
E_ Food establishments located 111 a house of worship when the food
service IS limited to preparation. service or consumption bv the members
or the house of worship and not advertised co the public.
F_ The exclusions contained in this section shall not apply to an individual,
organization or activitY which is established or undertaken to avoid
cornpllance with thIS Ordinance.
2.04 Jurisdiction. This Ordinance shall apply throu9hout all of Hennepin County
as follows:
A. A statutory or home rule charter city that maintains a delegation of
authority agreement with the Minnesota Department of Health and/or the
Minnesota Department of Agriculture to regulate food establishments
pursuant to Minnesota Statues 14SA.07 and/or 28A.075 may either:
1. Elect to enforce this Ordinance or a local ordinance; or
2. Provide verlncation to HennepIn County of its Intention to have
the Health Authority enforce this Ordinance by submitting a
resolution of the City Council or authorized City offICial to Hellnepin
County
B. The Health AuthorIty shall be responsible for enforcing this Ordinance
for areas within its delegation of authority agreement with the Minnesota
Department of Health and the Minnesota Department of Agriculture to
regulate food establishments pursuant to Minnesota Statutes: 145A.07 and
28A.075. The Health Authority shall also be responsible for enforcing this
Ordinance:
1. In food establishments in cities under the provisions in section
2.04. Subpart A.. 2., of this Ordinance; and
2. In food establishments not delegated by the Minnesota
Department of Agriculture pursuant to Minnesota Statutes 28A.075
located withIn cities maintaining a delegation of authority
agreement with the Minnesota Department of Health pursuant to
Minnesota Statutes 14SA.07.
SECTION 3: DEF,INITlONS.
3_01 f90d 8I1t.b"5h.,.en~ "Food establlshmentN means those establishments
defll1ed in Minnesota Rules 4626.0020, subpart 35, Inclllding an establishment
that has an on-safe non-intoxicating malt liquor license; an on-sale Intoxicating
liquor license; an on-sale wine license clnd/or strong beer liquor license issued by
the State of Minnesota. the municipality within which it Is located, or HennepIn
County .
3.02 Health ~utho~ "Health Authority" means the Hennepin County Human
Services Department and Its designated employees, agents. or contractors, as the
Hennepin COllnty Board may designate.
3.03 Otl:a~r Derso".in !-=harae. "Other person In charge" has the meanlOg
specified in the Minnesota Clean Indoor Air Act RUles, Minnesota Rules, part
4620.0100, subpart 10, as amended from time to time.
3.04 erop-rietor. "Proprietor"' has the meaning speCified by the Minnesota Clean
Indoor Air Act Rules, Minnesota RUles, part 4620.0100, subpart 13, as amended
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01125/2005 TlIE 16:22 FAX 952 474 4477 SOUTH LAKE MTKA POLICE ....... KEN POTTS
HenneplO Cuunly > Ordinance # 24 Smoke-Free Ordinance
1ll004/005
Page 3 of 4
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from time to tIme.
3.05 ~jnll. "Smoking" means the inhaling, exhaling or combustIon of any
cigar, cigarette, pipe. tobacco product, weed, plant or any OTher similar article.
"Smoking" includes possessing or carrying.. lighted cigar, cigarette, pipe or any
other lighted smokIng equipment.
S~cTlON 4! ADMINlSYRATlO". Except where otherwise speciFIed, this
Ordinance Is subject to all provisions of the Hennepin County Admil1lstratlve
Ordinance, Ordinance No.1, as may be amended from time to time.
SeCTION 5: RESPO~$IBIL;rYlES OF PROPRIETORS.
5.01 PrDDrletonl Dr other persQn.. in ch.rae shall:
A. Post "no smoking" signs that comply with the requJrements for sign
placement and Size of letters conSistent with the Minnesota Clean Indoor
Air Act R.u1es, Minnesota Rules, part 4620.0500, 8S may be amended from
time to time; and
.
B. A~k anv person who smokes in an area where smoking is prohIbited to
refrain from smoking and, if the person cJo\:~ not refraIn from SmOking
after being asked to do 50, ask the person to leave the food
establish rnent.
~ION Ii; ENFORCEMENT..!'.
6.01 ;En8Der;tlon$. Compliance with the requirements ot thiS Ordinance Will be
verified:
.
". As part of a routIne food establishment Inspection conducted by the
Health Authority pursuant to Hennepin County Ordinance No.3, Food
ProtectIon Ordinance;
B. As part of routine food establishment Inspection conducted by a
statutory or home rule charter city that maintains a delegation of authority
agreement with the Minnesota Department of Health and/or the Minnesota
Department of Agricultun! to regulate fOOd establishments pursuant to
Minnesota Statues 14SA.01 and/or 28A.07S; Or
c. As part of a complaint investigation.
6.02 ACC8SlI to pr.emis.e5 and record/ll. The proprietor or other person in
&:harge shall, upon the request of the Health AuthorIty and after proper
'-dentiflcatlon, permit access to all parts of the establishment as often as
necessary, and at any reasonable time for the purpose of inspection and Shall
exhIbit and allow copying of any and all records necessary to ascertain compliance
with this Ordinance.
6.03 ~rfere.nce with the tlealtl.LAQthorltv. No person shall in any way
interfere With or hinder the Health Authority in lhe performance Of duties, or
refuse the Health Authority to make such inspections.
SE~ON 7: ~ENALTY.
7.01 Mf.s,demtl~ Any person who violates this Ordinance, or who permits a
vIolation to exist on the premises under his/her control, or falls to take action to
abate the existence of the violation(s) within a specifiel,2 time period, Vl#hen
ordered or notified to do 50 by the Health Authority. shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished as prOvIded by law.
Each day of violation constitutes a sepal"8te offense.
7.02 Adverse lI~n:lle ..dlDn. VIolation of any provIsion of rhis Ordinance by a
proprietor or other person In charge shall be adequate grounds for the denIal,
~sal to renew, revocation or suspension of a license to operate a food
.-bllShment as determined by the Health Authority.
http://WWW,Co.hennepin.mn.uslvgnlpOrtaJ/intemetlbcdetailmaster/O,2300, 1273_1116 111955753.... lIJ'i/')()n,
01125/2005 Tl1B 16:22 FAX 952 474 4477 SOl1TH LAKE MTKA POLICE ......... KEN POTTS
Hennepm Counly > Ordinance # 24 Smoke-Free Ordinance
7.03 ~5I remedies. In the event of a vIolation or a threat or violation of thIs
Ordinance, the CIty Attorney or County Attorney may take appropriate action to
enforce this Ordinance, including application for Injunctive relief, action to compel
performance, or other appropriate action In court, if necessary, to prevent,
restrain, correct, or abate such violations or threatened violations. The City
Attorney or County Attorney enforcing provisions of t"is Ordinance may Seek
(;osts and dlspersements, Including attorneys' fees.
7.04 tJtq~iDn.. Whenever the Health Authority diScovers a VIolation of this
OrdInance, a citation may be Issued to the person alleged to have committed the
violation. The CItation shall be issued to the person charged with the violation, or
In case of a corporation or municipaliry, to any officer or agent expressly or
Impliedly authorized to accept such issuance.
~QN 8: FEES. Fees for Health Authority complaint investigation,
verifIcation, and enforcement of \/iolations of this Ordinance In food
establishments shall be those established by resolution, as amended from time to
time, of the Hennepin County Board or CommissIoners.
~~ 9: SEPAR4BILlTY. If any provision or applicatIon of this Ordinance Is
held Invalid, that Invalidity shall not affect other provisions or applications of this
Ordinance.
SECTION 1.0: CAPTIONS. The captIons printed In boldfaced type before
sections 0' this Ordinance are mere catch words to Indicate the content of the
section.
&CnON 11~ EFFE..CTlVE QA'TE. After passage by the Hennepin County Board
of Commissioners, this Ordinance shall take effect on March 31, 2005.
Prlnter-Frrendly Version
Home r Your ~.~.overn.ment , l.L(:ens.e.s~l;ates. & ReglStratiolJ I
!:mp/oym.ent 8& ~o'untee.ri.1}Q , t::f.ealth, Hp.usina jr. Social Services I La~J~c
Saf~ty, & Cout'(S I En~ironm~:!lt, PrQP_e.rt~..J\...TransP.R(t.iili2.r)
Copyright ~ 2004 Hennepin County, MInnesota, www.Hennepln.us
~~Lbllitv PQ~ I ~o"tact Hennepin Cou.!!!Y I S.ecurlty/Privacv Slatement
REFEIlENCE
County 50a(~ MeetIngs
QfD.artments & ~Q~nCi~~
Newsroom
Office..Loc8tlons
Ord;~
Phone DJr..ectolY.
.Bml2Lts, f'1.a.~S.tudie.5
~ 005/005
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COUNlY BOARDS
~ 375.55
Historical and Statutory Notes
Laws 1984, c. 629, by its title, purported in boards. The Act made numerous language
part to revise the language of the text of certain changes throughout this section.
:,,: chapters governing county powers and county
f.
e.
@
~.
Cross References
..:: Misdemeanor defined, see 9 609.02.
(:
If''
:; Law Review and Journal Commentaries
'\. Businesses beware: Personal liability looms ment. Beverly Conerton and LeRoy Paddock,
<for environmental offenses. Joseph G. Mater- 16 Wm.Mitchell L.Rev. 949 (1990).
,::nowski,62 Hennepin Law. 12 (Nov.-Dec. 1992).
,:;;. Need for a principled expansion of the role of
.ilocal government in environmental enforce-
Library References
;.". Criminal Law e:z>7.
" . Westlaw Topic No. 1 IO,
U.S. Criminal Law S 19.
NS
Notes of Decisions
if person's conduct constitutes more than one
offense, an "offense" includes all municipal or.
dinance violations which might result in incar.
ceration. State v. Krech, 1977,312 Minn. 461,
252 N.W.2d 269. Criminal Law e:z> 29(1); Sen-
tencing And Punishment 0=> 503
'!J. Offenses
;. . Within meaning of 9 609.035 proscribing
. . double punishment and serialized prosecutions
1,
i; 375.54. Prosecutions under ordinance
'::' All prosecutions for violation of county ordinances shall be brought by the
. county attorney in the name of the county upon complaint and warrant as in
1: other criminal cases.
';'Laws 1967, c, 698. ~ 4, eff. May 25, 1967. Amended by Laws 1984, c. 629, ~ 2.
Historical and Statutory Notes
: Laws 1984, c. 629, by its title, related to ing county powers and county boards. The Act
:> . counties and purported in part to revise the made no changes in this section.
. language of the text of certain chapters govern-
Law Review and Journal Commentaries
Businesses beware: Personal liability looms ment. Beverly Conerton and LeRoy Paddock,
, fpr environmental offenses. Joseph G. Mater- 16 Wm.Mitchell L.Rev. 949 (1990).
; nowski, 62 Hennepin Law. 12 (Nov.-Dec. 1992).
( 'Need for a principled expansion of the role of
:. local government in environmental enforce-
a
ot
w.
Disposition of fines recovered for ordinance violations
;: All fines, forfeitures, and penalties recovered for the violation of a county
;;ordinance shall be paid into the county treasury. Every court or officer
'i. receiving such money, on or before the tenth day after the last day of the month
\in which the money is collected, shall make a return of it under oath and be
257
fl.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474.0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
.
FROM:
Brad Nielsen/Larry Brown
~\ d!fv
TO:
Mayor and City Council
DATE:
24 February 2005
RE:
Birch Bluff Road - Proposed Temporary Parking Restriction
FILE NO.
Streets (Birch Bluff Road)
.
Our office has received a request (see Exhibit A, attached) for some sort of parking
restriction fora portion of Birch Bluff Road where three adjoining properties will be
experiencing significant construction projects this upcoming season. Staff shares the
concern of the resident requesting the restriction. A parade of homes house built on
Birch Bluff Road a couple of years ago was a cause of concern due to contractors
parking on both sides of a very narrow street. In addition to pedestrian safety, the
parking could have hampered emergency vehicle response time in that area.
Staffsuggests that a temporary parking restriction be authorized for one year, starting
1 May 2005. The restriction would be on the south side of the street as shown on
Exhibit B, attached. Contractors would be able to park on the north side of the street,
in front of the homes being worked on, but pedestrian and emergency vehicle access
would be maintained on the south side. Staff has taken into account the hill located to
the west of the three properties as well as sight lines in the vicinitiy.
Similar to street light requests, staffhas informed affected property owners on Birch
Bluff Road that this matter will be considered by the Council on 28 February. For the
most part, these properties have relatively long driveways to accommodate any of
. their guest parking during the restriction Presumably, if they experienced the
previous construction project on Birch Bluff, they will favor this proposal.
A draft resolution is attached for your consideration.
Cc: Craig Dawson Tim Keane Mark DuCharme Bryan Litsey Leo Meloche
#.
'o.J PRINTEO ON RECYCLED PAPER
+tq0
'i ~-"'~"~~.'jir~?~:~t~E~~f:j~"~f::';.'~i:~;,~ ~""-~-'-=~
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! FEB 1 A 2005 1.
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t.,~,,~,_""~_r.:ol:~":"'.';'~:"~"'~"~~~,;~,:~ _":~_ ~
Leo C. Meloche
26120 Birch Bluff Road. Shorewood, MN 55331. FAX. & TEL. 612/470-1770
February 12,2005
City of Shorewood
c/o Planning Department
5755 Country Club Road
Shorewood, MN 55331
Subject: No parking one side during construction
.
Planning Department;
I have approval to change the landscape in the front of my home at 26120 Birch Bluff
Road this spring. Dick Cassidy is starting to build a new home next door at 26140 Birch
Bluff Road. Mike Kozel is doing an extensive remodeling of his of home at 26170 Birch
Bluff Road, next door to Dick.
Birch Bluff Road is only two cars wide and has no sidewalks, This area is just over a hill
and cars often came through at high speed. Birch Bluff road will be even more dangerous
for its many walkers, runners, bikers and drivers unless something is done.
Would you please consider putting no parking signs along one side of Birch Bluff in this
construction area during the construction period?
.
~
Leo Meloche
/If'} "
{/ ,;,,'
/}
IVJ,/,,; ,
~/ ,,'>,~.
Exhibit A
RESIDENT REQUEST LETTER
Dated 12 February 2005
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Exhibit B
PROPOSED NO PARKING AREA
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood,mn.us ,
NOTICE
TheShorewoodCity Council hereby notifies all property owners within a portion of Birch Bluff
Road (see site location map on reverse side) that the Council will consider a requesffor a
temporary parking restriction along that location during their meeting on February 28, 2005 in
the Council Chambers of Shore wood City Hall, 5755 Country Club Road. The meeting starts at
7:00P.M.
.
Approval of the request would restrict parking along the south side of Birch Bluff Road due to
current and upcoming construction activity at three propertie,s on the north side. This restriction
would confine the parking of construction vehicles to one side ofthe road (the north side) for
public safety purposes.
You are invited to attend this meeting to express your opinions and concerns. If you can not
attend the meeting, you may forward your comments in writing to:
Shorewood City Council
5755 Country Club Road
Shorewood,MN 55331
.
FAX # (952) 474-0128
e-mail: cityhall@ci.shor~wood.mn.us
If you have any questions relative to this matter, please contact the Planning Department at
(952) 474-3236.
#.
'.J PRINTED ON RECYCLED PAPER
Exhibit C
RESIDENT NOTIFICATION
Lake Minnetonka
N
A
o
.
250
500
_ Properties under construction
~ Approximate restriction segment
o
0::
C1" ;2
W
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;:)
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~:.~
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1,000
,Feet
"$~~
V~t
BIRCH BLUFF RD
a:
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-'
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Craig W. Dawson, City Administrator C .
February 24, 2005
Approval of 2005 Work Program/Goals and Priorities
.
Council reviewed a draft of the 2005 Work Program/Goals and Priorities at a work session on
February 14. At that meeting, Council added one item (now shown as # 24, evaluate/implement
automatic payment for utility bills), affirmed that it wanted to accomplish the first six items on the
list (shown under "City Council/Administration"), and indicated that these were the highest priority
items on the list. Council also requested that timeframes be identified for the six
CouncillAdministrationitems, and these have been included on the draft for your review at the
February 28 Council meeting.
The work program for 2005 is a busy one. Some items may need to be added or delayed throughout
the year as workloads or emerging priorities would indicate.
.
RECOMMENDATION:
Staff recommends that the Council approve the 2005 Work Program (with any further
modifications that the Council may make).
i
n
to., PRINTED ON RECYCLED PAPER
#tfO
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us" cityhall@cLshorewood.mn,us
2005 Work Program / Goals and Priorities
(typically, non-recurring projects and work products, or start-ups of on-going systems)
February 28, 2005
City Council/Administration
Administration
.
1)
2)
3)
4)
5)
6)
Resolution of SLMPD issues
Monitor EFD issues
City Hall Building
Review of Ward System
Councilor Council/Staff retreat
Review/revise Trail Planning Process
("Issues" completion May/June)
(on-going)
(Decision on direction by July)
(Complete by October)
(Conduct April/May)
(Complete by November)
7)
8)
9)
Monitor 2005 Legislation
Conduct AFSCME (public works) labor agreement negotiation for 2006-?
Evaluate prosecutor services w/Excelsior and Tonka Bay
.
Administration/Deputy Clerk
10) Develop plan for implementation of document storage and retrieval system
11) Monitor HA V A (Helping America Vote Act) voting equipment requirements for Jan.
1, 2006
12) Review polling locations - consider moving from City Hall to SouthShore Center (?)
13) Update/Develop new data practices procedures handout for staff
. 14) Finalize/print new New Resident packet
15) Evaluate enhancements in print quality of newsletter
n
to., PRINTED ON RECYCLED PAPER
2
Administration/Finance/Deputy Clerk
16) Complete updates to Human Resources system
17) Establish employee committee to review, comment on changes to benefits
Finance
.
18) Issue ~$1.5 million g.o. water revenue bonds
19) Develop additional graphical representation of financial data
20) Perform fiscal condition indicators analysis (Financial indicator study)
21) Continue updates of financial/fiscal policies
22) Financial software upgrade
23) Coordinate transition to water meter radio-read system
24) Evaluate/implement automatic-payment for utility bills
Finance/Liquor
25) Develop marketing strategy to enhance sales
26) Upgrade software to coordinate with Finance system
27) Store No. 1 light remodeling - carpet, paint, wood racks
Public W orks/Planning/ Administration
.
28)
29)
Implement Gideon Glen project
Resolve Boulder Bridge stormwater issue
Public Works/Engineering
30) Administer/perform construction engineering for CR 19 intersection project
31) Construct Woodhaven well interconnection (wlExcelsior system), including a
cooperative agreement with City of Excelsior
32) Construct Badger wellhouse
33) Hire new City Engineer
34) WedgewoodlMallard/Teal Circle reconstruction project
35) Non-Point Discharge Elimination System II (NPDES II) process for 2005
36) Water Conservation Plan (mandated by DNR, Met Council)
3
Public Works/Maintenance
37) 2005 sea1coating program - Shady and Enchanted Islands
38) 2005 bituminous overlays
39) Infiltration/Inflow (I&I) reduction per budget
40) SE Area Water Tower renovation
41) Design & purchase 2nd wastewater generator system
42) Complete Amesbury Well Building renovation (exterior)
43) Design/purchase/install controls for Amesbury well
Public Works/Parks
44) Accept completed Freeman Park Plaza (project of Shorewood Parks Foundation)
45) Pursue grant/partnership funding for Freeman Park pond project
46) Implement park signage program (to be developed by Park Commission)
47) Review water quality of water features in the parks
.
Public Works - Engineering/Planning
48) Finish update of Right-of-Way ordinance
Park Commission
.
49) Park signage
50) Water quality review within parks
51) Freeman Park wetland project
52) Vandalism reduction
53) Music-in-the-Parks
54) Freeman Park concessions operations
Planning
55) Complete historic preservation/recognition study
56) Finalize Comprehensive Plan, and place on Website
57) Update planning process handouts
58) Update planning maps
59) Demographics inventory
60) Design/implement Shorewood and Gideon Glen entry treatments
.
.
.
.
4
Planning Commission
61) Public hearing to consider elimination ofC-2 zoning district
62) Annual review of Comprehensive Plan
63) Final & Formal adoption of Comprehensive Plan
64) Planning training session for Commission members (currently being coordinated by
City of Mound)
65) Review/revise sign regulation
66) Review planning inventory
67) Consider amendment to Subdivision Code regarding street lighting
CITY OF SHOREWOOD
CITY COUNCIL MEETING
FEBRUARY 28, 2005
PUBLIC SIGN-IN SHEET
For the record, please print your name and address below. Thank you.
Name
Address
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.