The URL can be used to link to this page

012000 CC Ws AgP 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. -, CITY OF SHO CITY COUN THURSDAY, J rlBREMER BReMER B,\NK 11800 SI>,;<;lETRH L.A N E EOE'I PR.\IRIE, MIN'Ie<OH 5534-4-5328 (612) 944-6262. FAx (612) 9.4-2-8529 BANKING 0 INVESTMENTS oTRUST 0 INSURANCE 'L- ,;- SENT VIA FACSIMILE December 2, 1999 i i 8\1_______ .__._____~_ City of Shorewood City Council 5755 Country Club Road Shorewood, MN 55331 Dear City Council: This letter is to express my interest in continuing my position as a Commissioner on the Shorewood Planning Commission. I have serviced on the commission for the last 2 years and have enjoyed the opportunity to give of my time to the community. I have learned much about the planning process and the City. I feel me experience with the commission and my professional background allows me to be a knowledgeable Commissioner. Please accept this as my letter of interest in remaining with the commission. If an interview is required I would be happy to answer any questions that the City Council may have. Should you have any questions for me or wish to schedule an interview please don't hesitate to call me at my office (612) 829-0275 or my home in the evening's (612) 470- 9801. Sincerely, ~ Neil Anderson Assistant Vice President BROQKlY'I PARK - FESTIVAL FOODS. EAGAN. EDEN PRAIRIE. INVER GROVE HEIGHTS MllACA . MINNEAPOLIS - CALHOUN SQUARE. OGilVIE. PRINCETON. PRINCETON - CQBORN'S FOODS. R SOUTH ST. PAUL. ST. PAUL. ST. PAUL - TOWN SQUARE. WATERTOWN. WHITE BEAR LAKE - FESTIVAL FOODS H-HOUR PHONE BANK 1-800-908-BANK . TDD 1-800-829-6795 www.bremer.com . BREMER BANK IS MEMBER FDIC -#~ -.;::)\ ",,\\ January 9,2000 \\~ \'::;:~ \ ,_\ h- ". \ \i . \ \ 7f'(1. 'J', ;--:~ ". ,i\.t.,\ ~ ~.- ~..., ::J \ ...,,, i \ I, \~~ Anthony 1. Pini 25725 VaIleyw Lane Shorevvood,~ 55331 Home phone: (6 2) 474-8184 Work Phone: (6 2) 577-9124 Shorevvood City Council c/o :Mr. Brad Nielsen 5755 Country Club Road Shorevvood,~ 55331 RE: Land Conservation/Environment Committee Volunteer Position Dear Brad: 1 am vvritit1~ tbjs letter to express my interest in the position on the Land Conservation! Environment Committee which has been recently announced in the January 2000 issue of the city newsletter. I believe that I possess qualities and qualifications that vvould enable me to fulfill the responsibilities of that position. In my protessionallite I am a Registered Civil Engineer with 25 years of experience in land development projects for commercial, industrial, institutional, educational and residential type projects. I am intimately familiar with the engineering issues related to land development and have personally designed hundreds of sites for development projects throughout the Twin City Metro Area, . Greater Minnesota and the 5 state region. As a Project Manager 1 have had considerable experience in the management of complex engineering projects and the administration of construction contracts on projects ranging in cost up to $10 million. Originally from Hoboken, NJ, I moved to the Twin Cities after graduating from Mankato State University. I have lived in the Lake Minnetonka area since 1975 with my wife Janis and have been a resident of Shore wood since 1992. We have two daughters, ages 15 and 13, currently enrolled in the Minnetonka School District. I have had some committee experience at the City level while living in Tonka Bay. My personal philosophy has always included a deep respect for the natural environment, a strong interest in the preservation of our land and water resources and a concern 'with developments' impact on the environment. I believe that it is possible to maintain a balance between land development and conservation of our environmental resources and that sustainable development can be pursued while maintaining our quality of life. As a committee member I would work to find innovative approaches to land conservation and environment issues facing our community. I am very interested in contnbuting to our city and hope that you will consider me for a position on the Land Conservation/Environment Committee. T have attached a copy of my resume' for your review; please feel free to call me if you have any questions. Thank you for your consideration. Sincerely, ~e~ Anthony J.~ attachment . Home Phone 612-474-8184 SUMMARY Mr. Pini is a Registered Civil Engineer with over 25 years experience in the construction industry including contracting, surveying, drafting, design and project management. Mr. Pini possesses a strong work ethic and the persistance required to accomplish the assigned task. Strong organizational skills and attention to detail are two assets which Mr. Pini will bring to any organization with which he is associated. WORK HISTORY 1986 - Present Van Sickle, Allen & Asociates, Inc. Plymouth, Minnesota Mr. Pini is an Associate and Senior Civil Engineer responsible for perfonning and supervising civil engineering design and document preparation for a broad range of institutional, educational, commercial, governmental and industrial type projects. Specific design areas include master planning, site configuration, grading and drainage, stormwater management, . rate control and water quality ponding, storm sewer, sanitary sewer, watermain, site fire protection, concrete and bituminous pavement, erosion control and railroad track design. Mr. Pini is involved in the preparation of project manuals, technical specifications and engineering cost estimates. Mr. Pini is also responsible for all aspects of project management for industrial projects on which the firm acts as the prime designer. Mr. Pini's role in these projects, which range up to $10 million construction value, involve initial client contact, preparation of fee estimates and proposals, preparation of owner-engineer contract, coordination of sub-consultants workscope, fees and engineer-consultant contracts and project design schedule. In his role as Project Manager, Mr. Pini is responsible for assisting the owner with the bidding process including advertising, contractor pre-bid meeting, issuing addenda, receiving and evaluating bids, making recommendations to owner and issuing notification of award. Mr. Pini is also involved during the construction phase attending construction meetings on behalf of the owner, reviewing pay requests, tracking the progress of the project, preparation of punchlist prior to owners beneficial occupancy, final acceptance and project closeout and other details of construction contract administration. As an Associate of the firm Mr. Pini assists with the review of all service fee proposals issued by the firm and with the preparation and review of all service contracts prepared by the firm. 1985-1986 1981-1985 1974 1981 1989 Temple Associates, Inc. Deephaven, Minnesota Mr. Pini served as Project Civil Engineer performing details of civil engineering design including grading, drainage, storm sewer, sanitary sewer, watennain, site fire protection and pavement design, preparation of construction documents, technical specifications, cost estimates and site inspections related to industrial, commercial and residential projects. H. 1. McConkey and Associates, Inc. Minneapolis, Minnesota Mr. Pini served as a Design Structural Engineer performing details of structural engineering design for a wide range of industrial and commercial projects. Areas of design expertise included wood and timber, steel, masonry and concrete. Duties included client contact, preparation of construction drawings, technical specifications, cost estimates and site inspections. EDUCADON Bachelor of Science, Physics Bachelor of Science, Civil Engineering Mankato State University New Jersey Institute of Technology REGISTRADON Minnesota - Registration #19884 PROFESSIONAL SOClmES American Society of Civil Engineers American Institute of Plant Engineers CMC ACTMnES Member of the City of Tonka Bay Recycling Task Force (1982): Assisted with the development of guidelines for the city recycling program. City of Tonk a Bay Representative member of the Lake Minnetonka Cable Communication Commission (1982-1984): Assisted with the drafting of the Request for Proposals for the Lake Minnetonka Cable System. 1985-1986 1981-1985 1974 1981 1989 Temple Associates, Inc. Deephaven, Minnesota Mr. Pini served as Project Civil Engineer performing details of civil engineering design including grading, drainage, storm sewer, sanitary sewer, watermain, site fire protection and pavement design, preparation of construction documents, technical specifications, cost estimates and site inspections related to industrial, commercial and residential projects. H. 1. McConkey and Associates, Inc. Minneapolis, Minnesota Mr. Pini served as a Design Structural Engineer performing details of structural engineering design for a wide range of industrial and commercial projects. Areas of design expertise included wood and timber, steel, masonry and concrete. Duties included client contact, preparation of construction drawings, technical specifications, cost estimates and site inspections. EDUCAnON Bachelor of Science, Physics Bachelor of Science, Civil Engineering Mankato State University New Jersey Institute of Technology REGISTRADON Minnesota. - Registration #19884 PROFESSIONAl SOClmES American Society of Civil Engineers American Institute of Plant Engineers CMC ACTIVIDES Member of the City of Tonka Bay Recycling Task Force (1982): Assisted with the development of guidelines for the city recycling program. City of T onka Bay Representative member of the Lake Minnetonka Cable Communication Commission (1982-1984): Assisted with the drafting of the Request for Proposals for the Lake Minnetonka Cable System. DEC-14-1999 11:32 December 14. 1999 City of Sborewooo Country Club Road Shorewooo. Minnesota 55331 Dear Mayor and Council Members: T am hereby submitting my application for consideration for the ShorewOod PlaDning Commission. I served on this body a number o{years ago and believe 1hat I can bring my experience and skills to the group for a positive outcome for the citizens of Shorewood. I look forward to information about the interview process. You can reach me at my office. 612-373-8802, or at home. 61247()"1329. Sincerely, ~~ Kirk B. Rosdl.berger 20960 Ivy Lane P.02 TOTAL P.02 UNIVERSITY OF MINNESOTA Twin Cities Campus January 11,2000 City of Shorewood City Council 5755 Country Club Road Shorewood, MN 55331 Dear Council Members Department of Plont Pathology College of Agricultural. Food, and Enviro'!1!!.t;EJql Sciences -. i '::'- -.'~3::.) fC- ~ ~ .- J,\\ \'C::, . - 'L; ~, 1- ~;. ),f,;Cf 495 Borlallg Hall 1991 Upper Bllford Circle St. Paul, MN 55108-6030 612-625-8200 Fax: 612-625-9728 E-mail: plpa@puccini.crl.umn.edu http://www.plpa.agri.umn.edu I.. ~ This letter is to express my continued interest in maintaining my current position as a member of the LCEC Commission. At the 12/21/99 meeting of the LCEC meeting I announced some apprehension with continuing my current appointment because of work related difficulties. However, all of the members of the commission and Jim Hurm encouraged my continued participation. Thank You Joel Jurgens ... , , \\ ~: JL 8'J~-==- ,~ FREDERIC BRUNO & ASSOCIATES ATTORNEYS AT LAw THE COLONNADE 5500 WAYZATA BOULEVARD, SUITE 730 MINNEAPOLIS. MINNESOTA 55416 FREDERIC BRUNO TIMOTHY R, ANDERSON TELEPHONE; (612) 545-7900 Mayor Woody Love City of Shorewood 8y 5755 Country Club Road >" Shorewood, MN 55331 -' nll~ ~r r,:::J [1'\ '7 i E \' :,.' If'~ 1:=" !, \\1, " If'" '0 I \ ,- '.n' - \ I -., . ..'~ i ' : ; : I ,~ . ;-,.",. !"Ii ......r; n. ~ 1; :r1i J ~ ;\! n '110~ U_i lj l\ ,,' ,~~ ~ i-l January 5, 2000 RE: LCEC/Cell Phone Towers Dear Mayor Love: On January 31,2000, the term of appointment for LCECmember Joel Jergens comes to an end. Mr. Jergens would like to continue to work with the LCEC, and we unanimously would like him to do so. Accordingly, I respectfully ask that City Council reappoint Mr. Jergens to an additional term. Please bear in mind that Dave Gosen has resigned from LCEC, given his work schedule. His term was to have ended 1/31/01. Secondly, I am enclosing a recent article from the December 13, 1999 issue of Lawyers Weekly USA. This article discusses the power of local zoning authorities over the placement of cell towers. As the attorney in the article states, "municipalities clearly have the upper hand". I am hoping that this information is of interest to yourself and the city council as these issues arise. Respectfully, FREDERIC BRUNO & ASSOCIATES p~~ Frederic Bruno FBlms Enclosure xc: Jim Hurm 99 LWUSA 1105 I DECEMBElI3. 1999 NATIONAL LAw I.Awms WEEKLY USA I !'>ge 3 Town Can Reject Cell Phone TO\IVers Where a town zoning board would not allow a cellular phone tower in a res- idential area. this didn't violate the Telecommunications Act of 1996. says the Third Circuit in reversing a Us. Dis- trict Court. Over the past 10 years. towns have been trying to regulate where cell plume towers are located. The towers can ex- ceed 250 feet in height and are often placed in residential areas or in the mid. die of a scenic view. There are expected to be over 100,000 towers in the US. within a few years. Although at first courts made it diffi. cult for towns to stop cellular towers from being built, municipalities are now having increasing success. Experts say that the Third Circult's decision is the latest in a series of cases to establish the power of local zoning authorities over the placement of tow. ers. "The pendulum has swung back to the middle. The courts seem to be strik. ing a better balance between munici- palities and the needs of the industry." says John Wilson of Rochester, N.Y.. who successfully represented a munic. ipality in a recent Second Circult case. (Sprint Spectrum, LP. v. Wil/oth.176 F.3d 630; 99 LWUSA 521; Search words for LWUSAAIt:hives: Cross and Yesawich.) "There was a time when the industry would roll over city councils and say. The Act pennits us to put up towers at our convenience,'" agrees mW'licipal lawyer Fritz Knaak of Vadnais Heights. Minn. "This case shows that courts now better understand the arguments and are willing to defer to a municipality's judgment.H The decision should give towns more leverage in negotiations with phone companies. , "Municipalities clearly have the up- per hand." says attorney L Steven Em- mert. who successfully represented Vir. ginia Beach, Va.. in a recent Fourth Cir- cuit case. (AT&T Wireless pes v. City CounciloiVirginia 8eDch.l55 F.3d 423; 98 LWUSA 745; Search words for LWUSA Archives: Gibson and Golembeck.) "ProviderS are becoming more c0n- ciliatory at the zoning board level ~ cause the risks oflitigation are lessdear- ly tipped in their favor than they origi- nally thought.H agrees Wilson. Attorneys for cellular phone compa- nies complain that the courts are mak- ing it too difficult for their clients to get towers approved. HThis case follows the trend of courts rai.<ing the bar on what a provider needs to prove in order to get a site devel- oped," says Kenneth Baldwin. who practices in Hartford. Conn. '"Idon't~ derstand how any provider can really meet the burden imposed by this court" ReddeatialArea The town in this case passed anOldi- nanre restricting cell towers to light in- dUO'trial areas.Acell phonecompany..... quested a zoning variance permitting it to erect a 160-foot tower in a residential district. When the board denied the variance. the company sued under the Telecommunications Act, arguing that the denial had Hthe effect of prohibiting the provision of wireless services." (47 USe. 9332(c)(7)(B)(i)(U).) But the court disagreed. 1T)he [Act'sj'effect of prohibiting' clause [does not) encompass every in- dividual zoning denial simply because it has the effect of precluding a specific provider from providing wireless ser- vices.. To do so would provide wireless service providers with a wildcard. that would trump any adverse zoning deci- sion._ "(A) provider whose application has been denied...must show two things. First-that its facility will fill an existing significant gap in the ability of remote users to access the national telephone network... The provider's showing on this issue will...haveto indudeevidenc:e that the area the new facility will serve is not already served by another providel:_ "Second. the...applicant must also show that the manner in which it pro- poses to fill the significant gap in ser. vice is the least intrusive on the values !Nt thedmialSllllJ8httosen'e." In a seand case docided a 6ew clays Ia~ the court applied the same two- part leit. but JeIIIIiII1ded the...... for ad- ditional findin&sas to whether the pr0- posed tower would fill a Hsignificant gap." High 11ueshold Lawyers say requiring companies to show that a proposed tower will fill a "significant gap" in service imposes a Get late-Breaking News lls It Happens! ;~~;';;;;dfu.veheaniaboul this decisionevensooner witha&ee"e- ^' m8Ii aJert".:;., a new service from :~~lISA. . ' ,..~ Gel instant notification of criti. : callyimpol1llnl cases-oftenwith " Iinb 10 the 6illlext.... free via e- "mailliomLaWymw-kly USAlusl 'sign up forourfreeAn:hivesselIICh . service on our websile: ,:~;!~~com). ;;"".;", cSu.the ad on page 8 "~. ftlrmorednoils! .. difficult new restriction on cell phone towers. "Thecaseestablishes an awfully high threshold for providers who claim that amunicipalityisprohibiMgw~less services, because they have to show that there's no access to the nationaltelC" phone networkby any provider" in that area, says Nancy Essex. a municipal at- torney who works in Raleigh, N.C In effect, the court is saying "that a municipality's authority to deny a provider's application becomes greater when it is beaten to the punch by an- other provider." says Ted I<reines of 1ibwon, CaIif~a consultant to local gov- enunents on wireless planning and ed- itor of the news1etter PIanWitrIess. Inaddition, "thefactua1inquiryabout 1east intrusive a1tematives' is going to make these cases much less susceptible to summary judgment," says Emmert. The Il!SUIt. say defense lawyers, will be slower cIeveIopment and increasing costs. "We'regaing tonced more coverage. not Iess. in the future, and the tougher it is to get towers erected. the slower the system develops." says Baldwin. Companies will be fotced to design cell phone towers which are disguised as ltees or flagpoles or worked into ex- isting structwes, saysStoneham, Mass.. attorney Greg Higgins. who represents phone companies. "The downside is these technologies cost two to five times as much as standard development costs - and this translates into higher prices for the consumer." WhatTownsSbould Do Experts say there are a number of things mwlicipaIities can do to make it more Iil<ely that their zoning decisions will be upheld. A frunt-page article on this issue appears at 97 LWUSA 529; Search words for LWUSA AIt:hives: Dam and Linder. . Preempt problems. The best way to handleconflictsover cell towels is to try to avoid them alro. gether. T__~bringiR~ befaetbe......arises.saysKnaak. That way. a list 01 available sites can be com- piled in adr.Ince and it won lloolt lib the town is inlentionally trying to keep towels oul Working out problems early in the process can benefit companies. too. says Essex. "This case shows that it's in a provmer~~tstorometoa~al government early and get a whole net- work "f'I'I'M'd. because when the pro- vider needs one last tower to complete a pattern and fill a gap, the lact that there's only one available site isn't ga- ing to be enough to justify a tower." . Don't forget the details. Although courts are becoming more likely to reaffirm local zoning authori- ty, municipalities still need to be metic- ulous about observing procedural pro- prieties. says Essex. "A lot of the challenges to munici- palities have been on a procedural ba- sis. Make sure that an order rejecting an application contains the grounds for the decision. and that decisions are made within a reasonable time," she cautions. Also. it's vital for towns to buttress their case with supporting documenta- tion and testimony. HThe most important factor when you're in court is to have a full record developed below." says municipal at. torney Kirk Wmes of Seattle. "If you build a careful record at the hearing lev- el, the court is more likely to back you up." . Hire experts. Another step that more and more municipalities are taking is to counter companies' use of expert testimony with their own. "Be sure to retain yoUt own experts." says Philip Lope of Zelien. ople, Pa.. who represented the town in the Third Circuit case. Municipalities should consider get- ting an expert to testify on such issues as "the quality of service. the nature of the gap in service. other feasible. less in- trusive alternatives to the proposed tower, and whether other providers are able to supply service without requir- ing a zoning variance." suggests John Pestle. a municipal attorney from Grand Rapids. Mich. Other useful experts might include a radio frequency engineer whocan chal- lenge the company's technological as. sertions and an appraiser to testify about effects of the proposed tower on property values, says Wmes. . Ask for alternatives. Cities and towns should take advan- tage of the burden placed on companies by challenging them to show that no less intrusive alternatives are available, says \'Tilson. In this case. "the court said that there are alternatives to every cell site - no court has ever come right out and said that before. They've danced around it, alluded to it. but here the court says, 'Oon't just bring us one option,'" "'YS I<rcines. But towns shouldn't get overconfi. dent without having the facts to back up the assertion that less intrusive al. ternatives are available, warns, Emmert. "If localities abuse their position, the courts are going to stop giving them deference and say. if you really think lfomoo..... ~ ~... ~"'. pmveit,.-he~ us. a-t<f~.vCimrit. .~PTl':l"" ~LP." Fmrr T......,;;,p. ,\i>. *-;51:!. .,,~ ...;.m. 8. 1m. LA...,..,. W<<kly USA N~. 9917124 (20 ""gts/. u.s. Cmut of AppMs..v Cimtil. Cd1lt1.r' TtItp/toMCo.... Zoning &atd of Adjltsl."ltlof /I", Boroltgh of H".Ho-Kus, No. 98-6484. N... ""..~ 19, 1999. LAu'JI<'r$ W<<kly USA NI., 9917132 (ll pagts/. Toorrltr.cupyofti/l""apiniolt,arU IJW.933. 5$94, I I I I I f I I , i ! I I I i ! l j .- 1999 CITY COUNCIL PRIORITIES APPROVED J.~'mARY 25, 1999 1. Needs to be done in 1999 => Decide on alignment for Country Club RoadlSmithtown intersection => Consider recommendations of the Fire Deparnnem Task Force (in July) => Review Comprehensive Plan, get significant public input and submission by June => Complete stormwater management plan - submit with Comprehensive Plan => Consider policy on placement of communication antenna facilities 2. High Priority => Implement trail planning process => Develop a strategy to improve paramedic rescue response times in much of Shorewood => Land Conservation report implementation 3. Second Prioirty => Define roll in affordable senior housing => Undertake a three year liquor plan to improve operations => Consider a ward system for Shorewood => Actively pursue burying utility lines => Consideration of all alternatives for transit service => Re-evaluate design criteria for City streets 4. Third Priority => Review water policies => Consider strategies to reduce legal costs => Consider a street reconstruction assessment policy (task force recommended) => Up-date subdivision ordinance => Revisit snowmobiles in Shorewood => Implement a realistic plan to expand web page/improve communications => Initiate design of Smithtown Road by considering property rights and trail issues S. Lowest (or no) Priority => Consider policy on right-of-way usage by utilities => Become more involved in educating youth (and adults) in local government => Consider some more organized approach for garbage collection *3 1999 CITY COUNCIL PRIORITIES ApPROVED JANUARY 25, 1999 REVIEWED OCTOBER, 1999 Status Code Key: I Completed 2 Work has begun/likely to be reached in 1999 3 Work has begun/likely to be reached in 2000 4 Work to begin later/likely to be reached in 1999 5 Priority should be reconsidered 6 Not likely to be addressed in 1999 3nd Qtr Status 1. Needs to be done in 1999 Staff Comment on Status 1 Decide on alignment for Country Club Subject to concurrence by Hennepin County and Road/Smithtown intersection Tonka Bay 1 Consider recommendations of the Fire Department New Task Force has begun work on governance and Task Force (in July) financing questions. 2 Review Comprehensive Plan, get significant public To be done by the end of 1999. input and submission by June 2 Complete storm water management plan - submit with To be completed by the end of 1999. Comprehensive Plan 1 Consider policy on placement of communication antenna facilities Reviewed 10/99 3rd Qtr 2. High Priority Status Staff Comment on Status 1 Implement trail planning process Several walks have been completed. Two trails are in the process of being designed. The process will continue each year. 3 Develop a strategy to improve paramedic rescue This issue has been brought to the attention of the response times in much of Shorewood South Lake Cities through the Fire Department meetings. It will continue to be an issue in the year 2000. 3 Land Conservation report implementation The Land ConservationlEnvironment Committee has begun its work on implementing the Land Conservation Report. 3. Second Priority 1 Define roll in affordable senior housing 1 Undertake a three year liquor plan to improve Full time Liquor Operations Manager was hired. operations Research is continuing. 3 Consider a ward system for Shorewood Continuing. 3 Actively pursue burying utility lines 3 Consideration of all alternatives for transit service Council met with Tom Workman to discuss transit issues. This will be considered for possible future legislation. 3 Re-evaluate design criteria for City streets Issue is yet to be resolved. Reviewed 10/99 3rd Qtr 4. Third Priority Staff Comment on Status Status 3 Review water policies Council has reached a general consensus on the direction for water policy. Ordinance to follow. 2 Consider strategies to reduce legal costs The City has gone to a retainer fee system. 6 Consider a street reconstruction assessment policy Council has yet to take on this issue. (task force recommended) 3 Up-date subdivision ordinance To become a priority upon completion of the Comprehensive Plan update. I Revisit snowmobiles in Shorewood Complete. 2 Implement a realistic plan to expand web Communications Committee has been established. page/improve communications Web page has been resigned. On-going improvements will continue. I Initiate design of Smithtown Road by considering Trail design has been initiated. Right-of-way issues property rights and trail issues are under investigation by City Attorney. 5. Lowest (or no) Priority 3 Consider policy on right-of-way usage by utilities 3 Become more involved in educating youth (and adults) in local government 3 Consider some more organized approach for garbage collection Reviewed 10/99