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020998 CC Reg AgP "", '. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY', 1'98 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7 :00 P.M. B. Review Agenda C. City Council Annual Review and Acceptance of Statement of Purpose, Statement of Goals and Statement of City Values (Att.-#IC Documents) ... 2 . APPROVAL OF MINUTES Mayor DahIberg_ Stover __ McCarty _ O'Neill GarfunkeI A. City Council Work Session Meeting Minutes January 21,1998 (Att...f2A Minutes) B. City. Council Regular Meeting Minutes January 26, 1998 (Att.-#2B Minutes) 3 . REPORT BY MAYOR AND CITY COUNCIL ON OPEN FORUM MEETING HELD ON JANUARY 27, 1998 REGARDING SNOWMOBILES ON THE LRT TRAIL (Att.-#3 Comment Sheets and Letters Received) 4. CONSENT AGENDA.. Motion to approve items on Consent Agenda &: Adopt Resolutions Therein: A. A Motion Setting the Second Council Meeting in May on May26 B. A Motion Approving the Request to Allow the Annual Norwest Half Marathon to Traverse the City on May 3, 1998 (Att.-#4B Letter of Request) C. A Motion Establishing the Spring Clean Up Date at May 16, 1998 s. MATTERS FROM THE FLOOR (No Council action will be taken.) 6 . PARKS .. Report by.. Representative A. Report on January 28, 1998 Meeting (Att.-#6A Draft Minutes) B. A Motion Authorizing the Execution of an Agreement for Professional Market Research Services (Att.4#6B Proposed Agreement) - E .... a\ ~ ~ ~ t1 ~ < Q Z ~ " < =3. tJN ~~ 00 tJ~ t:~ O~ ~ 1 .' tit .! ~ ~ i I~ J <~ I t" ~ ~l5 i~. ~l~ j 0111 ~~~ Q.. ~ 5Z~ ~ ~ ~~] l J~ <<g. ..c< ~PQ:: I ~~i ~~~ ~O<<t oz~ ~ sa::: t-t0-< · 'i~ ~~i ~ ~! b~ ~ ~~8 s: tJ~~ . co ~ ~!i ~.~ P= ~:i =~ i~2 -a < .g Vol bO ~ o =' ~.~ ~ ~ ~ 0 ~ ~ ~ 8~i ~ ~ n ~ ~ 0$ 8. f: ~ ff ~ ~ ~o~ < 8- J 0 <~g'I E-4 - ..c< Z ~ " "'f fI.) ~ \U P t"'" ~~~ ~ ~ ~ 0 E-4 !~ ~ c::: ~ t) tJ ~~~ ~ ~ ~ E r:; ~~~.~ i ~ ~ ~ m:;9 ~ ~ ~ ~ ~ z05 i ~ ~ 8~Q ~ .( ai ~ ~ ..-.. N - ~ t:: -< '-' ! .. '" . <:I> ..... . . .... ~ .... .... .,;. ....., Plannill/J Commission Meetill/J Notes February 3, 1998 iI. The meeting on January 19,1998 was cancelled therefore we had a fairly lengthy agenda on February 3, 1998. I. Simple Subdivision, Clint Carlson. Mr. Carlson's lot is in R I C. He is subdividing it into two lots. There was some discussion about the dedication of the street right of way and easements for utilities and driveways. No concerns were noted and the subdivision was approved unanimously subject to staff recommendations. 2. Public Hearing, preliminary plat, Mary Lake Addition. This lot is zoned R-IC but is surrounded by fairly large lots similar to this one. This item has been tabled several times since it first was heard in September. The primary concerns expressed by the commission centered around the significant drainage issues on the site. It slopes sharply down from Minnetonka Drive to Mary Lake and has a small wetland on the western edge where water collects in the spring. Neighbors expressed concern regarding the potential for increased drainage resulting from the development in addition to their overall concern that the subdivision would detract from the character of the neighborhood. The owner has attempted to address most of the concerns. The subdivision was approved subject to staff recommendations and the engineering recommendations. 3. Water's Edge POO, proposed grading plan. This PUD was approved a year ago, however the owner of one of the lots wants to do some grading in the wetland conservation area and has agreed to restore foliage and plants where they were previously removed along the shoreline. As the wetland area is larger than is normally required, it was felt this change would be an improvement in the lot. The request was approved unanimously. 4. Discussion regarding a moratorium on communication facilities. Discussion focused on the need for and purpose of a moratorium. AT&T representatives were in the audience. They are planning to submit a request for a site within the next six months. It was agreed that a moratoriums would allow the city to: . review existing sites to identify which ones would be best suited for this type of use. . hold public hearings to obtain public input on these sites and resident concerns, . develop guidelines for the ordinance with respect to requirements such as setbacks, maintenance, appearance and other issues which the city may feel need to be outlined in advance. It was recofll1l1ended that the moratorium be in effect until the review was completed or up to six months which ever was less. AT&T representatives were comfortable with this approach. Two commissioners, Paula and Pat expressed concern that the moratorium was too long. 5. 1998 Planning Commission Projects: The planning commission has a very heavy schedule for 1998. We are planning to address the following issues: variances, comprehensive plan review, communication facilities, adult uses, PUDs, subdivision ordinance, senior housing, tree preservation plan, flood plain regulations, home occupation regulations and green space acquisition. In February, March and April we will focus on variances, PUD's and the Comprehensive Plan changes, Communications facilities and we will begin our review of adult 02104/98 1 . "-, Planning Commission Meetill/J Notes February 3, 1998 uses. The planning commission is holding an extra meeting in February to try to complete these reviews. Matters from the floor: several residents (senior citizens) from Club Lane expressed confusion and frustration with the fact that they are not allowed to re-zone their one acre lots. They are in an R-IA zoning district, but are finding that the lots are too big for them to manage. They were referred back to city staff to learn more about the zoning laws and what options are available for them. 02/04/98 2 MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator ~ FROM: Larry Brown, Director. of Public Works DATE: February 9 1998 RE: LRT Signage for Snowmobiles At your request, I have researched the costs to manufacture two signs to be posted at each end of the LRT corridor. The information provided stated that the signs are to be 4' by 8' each and are to state the following: WARNING Entering Shorewood Regional Trail Snowmobile Regulations Strictly Enforced Violation of the law can result in · Fines (Up to $700) . Arrests (Up to 90 days in jail) . Impoundment of snowmobile Signs are to be multicolored; for example, a red background with white lettering. The following is a summary of the total costs for the project 2 signs X $24S/ea Power auger rental 2 Public Works Personnel X 3 Hours Total = $490.00 = $ 95.00 = $ 124.68 = $ 709.68 As an alternative recommendation, I would suggest reducing the size to a 4' X 4' sign, versus a 4' X 8' sign. Although it is desirable to make the sign as noticeable as possible, a sign this large is a greater target for graffiti artists.. Although nothing prevents these enterprising artists from placing their handiwork on a smaller sign, a 4' by 8' sheet tends to be too great of an opportunity to pass up for these individuals. HENNEPIN PARKS ;~ !/~ ~ cG @11 WI ~~.~~.i.i..l 'Ill I F~B " I~ u t 0 1998 I'! L By= _ I Memorandum February 4, 1998 TO: Jim Hunn, Administrator, City of Shorewood FROM: Karen Bowen, Director of Operations, Hennepin Parks SUBJ: Southwest Regional LRT Trail Corridor Use Jim, following our telephone discussion yesterday, I double-checked the issue you raised regarding winter horseback riding on the LR T trail within the City of Shorewood. As you well know, Hennepin Parks prohibits horses on any section of the trail between Mid-March and Mid-November. After discussion, department heads and Superintendent Doug Bryant concurred with my response to you that horses are prohibited throughout the year to protect the trail surface. oh 1/memos98\jhunnlrt . -J. t .. ~ . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD" SHOREWOOD, MINNESOTA 55331-8927" (612) 474-3236 FAX (612) 474-0128" www.state.netlshorewood" cityhal/@shorewood.state.net Executive Summary Shorewood City Council Meeting Monday, February 9, 1998 Agenda Item #1 C: The Council could by motion accept the Statement of Purpose, the Statement of Goals, and the Statement of City Values. The only item to change as a result of the work sessions, is the Statement of Expectations, which is part of the goal statement. Agenda Item #3: Because open forums are not recorded, it is important for members of the City Council to relay at a regular Council meeting what they heard discussed at the open forum. Attached in the packet is a copy of the written communications received before, during and after the open forum for residents along the LRT trail. After each member of the Council has summarized what they heard at the open forum and what was received in writing, they should give further direction to staff. Agenda Item #4A: The second Council meeting in May falls on Memorial Day. A motion would be in order to change that meeting to Tuesday, May 26. The Park Commission would then need to change its meeting to Wednesday, May 27, should one be necessary that week. Agenda Item #4B: This action item would be a motion to approve the annual Norwest Half Marathon which is to take place on May 3, 1998. Agenda Item #4C: This motion would establish the annual spring clean up date as Saturday, May 16, 1998. This is the week end after Mother's Day and the Fishing Opener. Agenda Item #6B: This action item would be a motion approving an agreement for professional services with Decisions Resources Inc. to take a telephone survey within Shorewood regarding trail and park issues. This was recommended unanimously by the Park Commission. Agenda Item #7: In order to allow time to study the zoning map to determine appropriate sites and regulations for cellular antennae within the City, the Planning Commission recommends adopting a moratorium for up to six months. t'\ PRINTED ON RECYCLED PAPER ... Agenda Item #8: The Senior Community Services have asked that south shore city councils pass a resolution supporting the continued support of our senior programs by the use of Community Development Block Grant (CDBG) program funds. Agenda Item #9: The utilities have been installed for the Marsh Pointe subdivision and have been tested to insure conformance with the specifications. It is recommended that the sanitary sewer, watermain, and storm sewer within the public right of way or easements dedicated to the City be accepted for the City's perpetual maintenance. . . " .. . . CITY OF SHOREWOOD This Statement is a point of reference for all decisions and actions of Shorewood City Officials and Employees. Statement of Purpose: To provide a value in municipal services, to assure compliance with community laws and standards, and to keep citizens informed of those services, laws and standards. Statement of Goals: The City Council has adopted Organizational goals (attached) and Comprehensive Plan goals (being reviewed). Statement of Expectations: To accomplish our goals we must strive to provide a focused direction for Shorewood which is in compliance with the values and the goals of the people of Shorewood. In doing so we must serve in an impartial fashion, be open, accurate, patient and courteous, and take pride in the job we do. City Council Action: 10/28/91 2/24/92 3/10/93 1/10/94 1/23/95 1/22/96 5/13/96 Approved Reviewed Reviewed Reviewed Reviewed Reviewed Reviewed - ., <Cfi~ <o>(f ~fu<O>lf<e~<nxOOl (Q)~ftfi<O>IDaill CG<IDmIl To be recognized by Shore wood citizens as a model of good government by: . 1. Providing a value in high quality services. Service excellence will be achieved by respecting employees as the City's greatest assets, and as team members with a shared vision of increasing productivity and accountability. 2. Serving in such an efficient, friendly manner that residents feel good about being citizens of the Shorewood community; continuously striving to keep citizens informed and asking for and listen to feedback; and utilizing "user friendly" municipal systems, processes and documents. Association with the City, in any capacity, should be as enjoyable and focused as possible. . 3 . Working closely with other governmental jurisdictions as well as the private and non-profit sectors. to effectively address south Lake Minnetonka area issues and City goals. 4. Maintaining policies, plans and procedures which will secure financial stability for all City funds. 4/8/96, Reviewed by City Counci15/13/96 .'-. ~I8I<D)m.IEW(Q)(Q)llD <CJIlI')Y \V J.lITalD1E~ The Shorewood City Council in its governing role, is responsible for setting policies for the City, which are implemented by the Administrator and City employees. Furthermore, the Administrator, employees, and City Commissions propose overall goals, specific objectives, service levels, and action plans for Council consideration and direction. This "team" makes decisions and acts based on a strong set of values. The team values are: . . A strong sense of commitment to the City and its Statement of Purpose. . Open, democratic government, enhanced by an informed populace. . Responsiveness to the needs and desires of the citizens; public service. . Fair and equal interpretation and enforcement of City Codes. . A reputation for dependability and integrity. . Teamwork. and action oriented problem solving (acting rather than reacting). . Striving for improved productivity and efficiency through new technology and innovation. . :J?mployee selection by merit. . Professional development. . . Respect for City employees who, with fair treatment, proper training, and a willingness to let them excel, will take pride in associatioh with the City and serve the people well. . The provision of accurate, timely information to the City Council, through proper channels, so the best possible decisions C3Il be made. . Adherence to professional, ethical standards of conduct. . ADOPTED by the Shorewood City Council on Monday, March 9, 1992. City Council Action: 3/10/93 Reviewed 1/10/94 Reviewed 1/23/95 Reviewed 1/22196 Reviewed 5/13/96 Reviewed . " '" CITY OF SHOREWOOD WORK SESSION MEETING WEDNESDAY, JANUARY 21, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION DRAFT Jennifer McCarty, acknowledging the Mayor's absense due to a Police Coordinating Committee meeting, called the meeting to order at 7:36 p.m. A. Roll Call Present: Councilmembers McCarty, O'Neill and Garfunkel; and Administrator Hurm. Mayor Dahlberg arrived at 7:50 p.m. Absent: Councilmember Stover. . 3. REVIEW OF ISSUES A . City Values B . Statement of Purpose C . Organizational Goals These issues were briefly reviewed. There was no further discussion. D . Communications Plan The Communications Plan was reviewed. There was general consensus that the Communications Plan is being implemented well. The members of the City Council are receiving very few calls on the voice mail system. It was determined that the system for Council members should be abandoned and callers should be given the home numbers of the Council members. . 4. ESTABLISHING CITY COUNCIL PRIORITIES FOR 1998 The Mayor arrived at 7:50 p.m. following general discussion on City Council priorities. There was general concurrence that the following prioritis should be established for the City Council for this year: eVlse ater policy - ordinance Review standards for subdivisions and streets, including curb and gutter Review stormwater management plan Complete review of Comprehensive Plan Monitor liquor operations closely 4t;iA a <I. CITY COUNCIL WORK SESSION MINUTES JANUARY 21, 1998 - PAGE 2 Review and revise trail plan Review transportation plan, with emphasis on Country Club Road/Y ellowstone TraillLake Linden area Consider options to facilitate the purchase of green space Sanitary sewer - review III strategies, re-evaluate strategies to reduce sewer rates, and re-evaluate the sump pump inspection ordinance specific areas such as the Minnewashta Review and revise personnel policy handbook Develop a strategy to improve paramedic rescue response times During the discussion, Mayor Dahlberg raised the question of neighborhood association development. He asked the question, "Could we divide the City into neighborhoods of mutual interest or policy . areas 1" There was consensus that the question of developing neighborhood associations should be a separate work session topic. There was discussion on whether or not Shorewood residents should be surveyed regarding various policy questions. Again it was determined that this could be a separate work session topic. Councilmember O'Neill stated that he feels that work sessions and Council meetings should begin at 7:00 p.m. rather than 7:30 p.m. This will be placed on a City Council meeting agenda for consideration by the entire Council. Finally, it was determined that a quarterly review of the City Council priorities should be made in Council work session rather than at a regular Council meeting. 5. ADJOURNMENT There being no further discussion, McCarty moved, O'Neill seconded, to adjourn the . meeting at 8:55 p.m. Motion passed unanimously. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JANUARY 26, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CONVENE CITY COUNCIL MEETING D ~1Ab~T 1. Mayor Dahlberg called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers McCarty, O'Neill and UartunKel; i"\.Ullllllldu....~& Hurm; City Attorney John Dean; Engineer Brown; Planning Director Nielsen Councilmember Stover Absent: B. Review Agenda . Mayor Dahlberg read the Agenda for January 26, 1998. He requested under Item D that action be taken only with respect to the City Council Priorities for 1998 and the Review and Acceptance of the Statement of Purpose, Statement of Goals and Statement of City Values be discussed at the next work session meeting. The agenda was then approved as amended. C . Presentation of Plaques to Commission Members Mayor Dahlberg announced plaques will be presented to Planning Commissioner Pisula for five years of service on the Commission and to Planning Commissioner Foust for four years of service on the Commission. He expressed his appreciation to Commissioners Pisula and Foust for their contributions to the City. D. City Council Review and Acceptance of Statement of Purpose, Statement of Goals, Statement of City Values and City Council Priorities for 1998 . McCarty moved, O'Neill seconded accepting the City Council Priorities for 1998. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Executive Session Meeting Minutes - January 12, 1998 Dahlberg moved, Garfunkel seconded approving the City Council Executive Session Meeting Minutes for January 12, 1998, as submitted. Motion passed 3/0. (Councilmember O'Neill abstained.) B. City Council Regular Meeting Minutes - January 12, 1998 Garfunkel moved, McCarty seconded approving the City Council Regular Meeting Minutes for January 12, 1998, as submitted. Motion passed 3/0. (Councilmember O'Neill abstained.) #";2.5 CITY COUNCIL REGULAR MEETING MINUTES JANUARY 26, 1998 - PAGE 2 3. CONSENT AGENDA McCarty moved, O'Neill seconded approving the Motions on the Consent Agenda and adopting the Resolution therein: A. A Motion to Approve Change Order No. 2 for Project No. 95-19 Shady Island Bridge B. A Motion Adopting RESOLUTION NO. 98-007, "A Resolution Modifying the Protective Covenants for Marsh Pointe for Lundgren Brothers, Marsh Pointe" Motion passed 4/0. 4. MA TTERS FROM THE FLOOR - None 5 . PARK - Report by Representative Report by Commissioner Dan Puzak on January 13, 1998 Park Commission Meeting Commissioner Puzak reported on the matters considered and actions taken by the Park Commission at their meeting of January 13, 1998 (as detailed in the minutes of that meeting). A. . B . A Resolution Making Appointments to the Park Commission for 1998 Dahlberg moved, McCarty seconded, adopting RESOLUTION NO. 98-008, "A Resolution Making Appointments to the Park Commission for 1998." Motion passed 4/0. 6. PLANNING - Report by Representative Councilmember O'Neill noted his agreement with the Planning Commission that both entrance and exit points be on County Road 19. Planning Director Nielsen stated the County is responsible for issuing a permit in this regard. The County has indicated their preference would be to have one driveway on County Road 19, even if it were to be made somewhat wider. The County also indicated if the City feels strongly there should be two entrances in this area, they would probably support that recommendation. . CITY COUNCIL REGULAR MEETING MINUTES JANUARY 26, 1998 - PAGE 3 Dennis Pipkorn was in attendance along with Brian Pipkorn and William Asp. Mr. Pipkorn stated he would prefer two access points off of County Road 19 rather than one access from County Road 19 and the other from Wood Duck Circle. Engineer Brown expressed concern relative to increased commercial traffic on Wood Duck Circle. Mr. Pipkorn felt this issue had been addressed by changing the exit onto Wood Duck Circle. The exit was narrowed and has a sharper turn. Mr. Pipkorn did not feel large trucks would be able to maneuver this exit. Engineer Brown was concerned there may be drivers who would attempt to utilize this exit. In addition, he expressed concern a subsequent owner may not have the same. intentions as the applicant relative to the operation of a commercial facility on this site. . Commissioner Borkon noted the feeling of the Commission that it would be best for the Council to send a strong recommendation to the County to keep the two access points on County Road 19 and close the Wood Duck Circle access. This also reflects the compromise which was.reached between the Planning Commission and the Shorewood Nursery. O'Neill moved, Garfunkel seconded directing staff to prepare Findings of Fact Approving a Conditional Use Permit for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505 Smith town Road. Motion passed 4/0. B . A Motion to Adopt a Resolution Approving a Conditional Use Permit for Bank Facility with Drive- Thru Applicant: Location: Bayside Financial Corporation 23780 State Highway 7 O'Neill moved, McCarty seconded adopting RESOLUTION NO. 98-009, "A Resolution Approving a Conditional Use Permit for Bank Facility with Drive- Thru for Bayside Financial Corporation, 23780 State Highway 7." Motion passed 4/0. . C. A Motion to Adopt a Resolution Approving the Final Plan of Water's Edge P.U.D. Applicant: Location: Bill Blegens 20295 Manor Road Nielsen explained there are two issues on the final plan which should be noted and reviewed. He stated the applicant is proposing private wells in this development. He felt this to be consistent with the direction of the Council relative to the issue of water. Nielsen explained the applicant proposes some minor grading into the conservation easement. This grading is supported by staff, however, he recommended this matter be referred back to the Planning Commission for their reVIew. The consensus of the Council was to refer this matter back to the Planning Commission for their revIew. CITY COUNCIL REGULAR MEETING MINUTES JANUARY 26, 1998- PAGE 4 D . A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Special Home Occupation Applicant: James Bruce Location: 5755 Merry Lane O'Neill moved, McCarty seconded directing staff to prepare Findings of Fact regarding a Conditional Use Permit for Special Home Occupation for James Bruce, 5755 Merry Lane. Motion passed 4/0. Mr. Bruce was in attendance and Nielsen explained this matter will come before the Council on February 9, 1998, for final approval as a resolution. 7. CONSIDERATION OF MOTIONS REGARDING ANIMAL CONTROL SERVICES A . A Motion to Approve a Contract with City of Orono for Animal Control Services McCarty moved, O'Neill seconded approving a Contract with the City or Orono . for Animal Control Services. Motion passed 4/0. B . A Motion to Approve a Contract with Paws, Claws and Hooves for Animal Boarding Services Garfunkel moved, O'Neill seconded approving a contract with Paws, Claws and Hooves for Animal Boarding Services. Motion passed 4/0. 8. ADMINISTRATOR AND STAFF REPORTS A . Staff Report on Development Monitoring Nielsen reported inquiry will be made of the Watershed District as to whether the restoration. of the north end of the wetland area has been completed according to their specifications. B. . Planner's Report on Agreement with Northwest Associates for Housing Study Services Nielsen reported approximately 16 communities have joined together to apply for a planning grant to complete a housing profIle for the lake area. The grant has been obtained and a consultant has been hired to complete a subregional profile including demographics, household characteristics and employment, identification of housing issues and evaluation of the need for various types of housing in the lake area. Ultimately an action plan will be established to include programs and activities which various cities could choose from in implementing their own specific housing plans. It is anticipated this work will be completed by mid to late March. 9. MAYOR AND CITY COUNCIL REPORTS Councilmember O'Neill raised the issue of green space and inquired as to the status of this issue. Administrator Hurm stated he will be meeting with the financial consultant who will provide . background materials on various programs which may be of interest to the City. CITY COUNCIL REGULAR MEETING MINUTES JANUARY 26, 1998 - PAGE 5 Attorney Dean stated that relative to the issue of green space, the City would have to have some ownership type interest in a property whether it is an easement, right of use, or fee title. Without that type of interest, public funds could not be expended for an activity. He felt a public interest which would give rise to the expenditure of the funds could be relatively minor in nature and fleeting in time. The property could be acquired and then reconveyed. A. Consideration of moving City Council Meeting and Work Session Starting Times from 7:30 p.m. to 7:00 p.m. Councilmember O'Neill was in favor of moving the start time of City Council Meetings and Work Sessions to 7:00 p.m. Mayor Dahlberg felt this would be a positive change in that anyone wishing to address the Council during Matters from the Floor would be able to do so at an earlier time. O'Neill moved, McCarty seconded, adopting RESOLUTION NO. 98-010, "A Resolution Moving the City Council Meeting and Work Session Starting Times from 7:30 p.m. to 7:00 p.m." Motion passed 4/0. B . Concurrence on City Council Work Session Dates - February through June . It was agreed the work session currently scheduled for February 24, 1998, will be changed to February 25, 1998. The consensus of the Council was to accept the calendar of Work Session dates for the months of February through June as amended. 11. ADJOURNMENT Garfunkel moved, O'Neill seconded adjourning the meeting at 8:29 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl WaIIat, Recording Secretary TimeSaver Off Site Secretarial, Inc., Inc. . ATTEST: TOM DAHLBERG, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR Snowmobile Costs 2/6/98 * Snowmobile purchased in 1996 at a cost of $6,970; Cost depreciated over 5 years with a salvage value of $3,000 ** Expenditure includes end of 1996 and all of 1997; 1998 not yet available . . . Re: Residents owning propertY witbin 300' either side of the center line of the LRT trail were invited to the open forum held on Tuesday ,January 21 regarding snowmohile use on the LRT trail. snowmobile Open Forum ~~ From: Mayor and City Council Teri Naab, Executive SecretarY I DeJl1lfy Clerk To: Date: February 5, 1998 AttaChed yOU will find the sign up sheet from the meeting which 54 residents signed. Twelve of those attending left a comment sheCt, eight of which expressed their oJ.'J"'Sition to the sport and foor their soJl1"'rt to continue to allow snowmobiles on the trail. In response to the notice sent out about the open forum. we received tbifteCn written 0< verbal communications about snowmobiling. Six of those conununications were oJ'l'osed to continued use in Shorewood and seven were in favo< of it. All comments have been attached fo< yoU! revieW. . . ~ "f~ . . . . ~ M E M 0 RAN DUM DATE: January 26, 1998 Includes Data Gathered as of 1/19/98 Jim Hurm Becky Tarvin Mid-season Update on Snowmobile Monitoring TO: FROM: RE: Snowmobile Complaints City Hall From November 1, 1997 to January 20, 1998, five residents had called in to City Hall with concerns regarding snowmobiling. The following summarizes these concerns received at City Hall: -Three residents concerned about snowmobiles trespassing. Public Works was contacted and hay bales were placed on property. -One resident called in regarding concern about limited patrolling on trail, lack of obedience to law, and trespass concerns. -One resident called in regarding dog almost being hit while walking on trail, concern about snowmobiles not slowing speed when near pedestrian (self), and curfew violation. In November there were 13 total 911 call-in's. Of these resident call-ins: -All 13 were preseason violations . -One was regarding a trespass violation -One was regarding a violation of riding in a city park. In December there were two 911 call-ins. Of these: -One was curfew violation (00:08:01) -One was a trespass violation SLMPSD Reports The police department must be contacted to obtain their ICR reports. This action has not been completed yet. Since the snowmobile season began in earnest one week ago, the following violations occurred on the LRT: Speeding: 15 tickets, 8 warnings Registration violations: 2 tickets, 3 warnings Curfew: 4 tickets, 2 warnings (parties were stopped at 10:00 p.m.) Safety certificate: 1 ticket False information to police officer: 1 person arrested Other Agencies An end-of-season report will be requested from any other agencies (Hennepin Parks, DNR Conservation Officer). No information is available at this time. Trail Monitoring Activity City Staff has scheduled 10 hours of trail walks at random hours. The following information from the first five hours of trail walks is available: Saturday, Dec. 13 Snowmobile tracks were visible. Additional sign age was needed at Freeman Park. No snowmobiles were seen on trail. 7-8 p.m. Saturday, Dec. 20 Saturday, Dec. 27 Saturday, Jan. 10 No monitoring conducted. No snow on trail. 8-9 p.m. 10-11 a.m. No monitoring conducted. No snow on trail. 7-8 p.m. _50 temperature. No activity on trail. Some snow was on trail. Many track marks had been made. 200 temperature. 20 snowmobiles viewed. Excellent trail conditions. Of 9 perceived violations, 4 were no stop; 4 were against traffic, wrong side of road; and 1 was perceived speeding. Sunday, Jan. 18 4:30 - 5:30 p.m. Communications 2 mailings to registered snowmobile owners in the 55331 zip code were conducted. The first mailing in late November included the City of Shorewood Snowmobile Regulations information sheet. In the second mailing, a State of Minnesota New Regulations information sheet was sent out with the City information sheet. Three press releases have been published: sent for publication on 11/2/97 - Snowmobile Safety Training in Shorewood; sent for publication on 12/8197 - Review of City Ordinance; and, sent for publication on 12/23/97 - Review of City Code and DUI Offenses. The Citizen Informer has also published articles regarding the use of snowmobiles within the City in the November, December and January issues. Signage on LRT New signs were placed on the LRT Trail this year. From early November to November 31 , signs stating "NO SNOWMOBILING UNTIL DEC. 1" were at four major entry points to the LRT trail. On December 1, those signs were removed and replaced with 18" x 24" standard "SPEED LIMIT 20" signs, with a smaller sign stating the speed limit reduced to 10 mph within a pedestrian. Other signs containing the City of Shorewood Regulations, No Trespassing Wetlands and No Snowmobiling in City Parks Were also posted for the winter season. J' . . . . t . . . . MetnOl"andutn JanuarY 27, 1995 Ope1l1'..... ~ ~ JoC"I"1on tb< LR'I Mayor Dahlberg Snowtnobi\eS on the LR1' , " C"tY ~ lilllllupD. CitY ~ ~ Co.......... pad<S Co=""01l, I Cit)' Engineer LarrY Brown Date: '1'0". frotn: Re". , Ii ' aI tb< LR'I 'I\lO P"'I"'" of thiS 'Ibau1< Jon {of ~ our c;ooodl Ope1l1'o"",, !<"~- ~tb< ~ caI' ~ in ~ witll """'" is to ~ ""'" 1 bcli<"e to "" tb< ""'" ........ --. sno~obUing on me LR'1'. ,d ~et~' 1 \)e1ie'I< in ~g 1l)' tb< _,1 ba'/< 11<"'" .",...,a. ~~~ a:::\1O'ol<d fo' anotb<' "'" of sno""""biIiog on wann. As' oJllIlO' of {aCt, 000< of tb< COU"""- tb< LR'I QWO . sn()WlOOl>ile 0' ~CII""" UI tb< sport. CC: ~ LR'I' tb<,..nstical estin""" and it,.ggests tbat tb< . 'I\lO ooIJ obje<:IiY< esti- of safetY on tb< 15 oti~"""S pets- 1'0< J.e - being tile<" is no ~ we ba'/<..,daY _ "" safet- Jour 'f"';' tb< baSis of safetY' objeetNe rouI< to ~ ........bilUIg on tb< ~ 't caI' ",,'let'! ~ _t<ed witJIOUl. . If safetY is tb< oNLY -. t\l<I< 15 little ~ t _on~ " _,,,,,,- t\l<Oweba'/<not\)eeO..,kiOgtb< . If noise ot ~ 15' tcaI """'=, ot petbaP" l' ~..,.,apoiolo tb< ~ ba'/< p",gtess we sJtoo\d ba'/< \)eeO roaJOOg on tbal ftOOI- .... ~ tb< ~ ' ,r' alon tb< LR'I _bOtb tb< Son_obile . If ~ilin!\ is' ~le 0tJtSl0"" to, ~ ;~Jon tbal thiS is not tb< c;ase and 'Ias\< 1'0"",, and tb< c;ooodlwUl want to tCV15' e e~\ore ways of mitigating it. ._t. ' tIl I {OO, in sniPPing tb< citY of \t' s I, ... Q1t01icipal_ on ~on tb< LR'I tnigbl =-~ UI e ong rigb.t to regulate the activit)' at aU. in ~ ~g on tb< LR'I, alte' 1 \)e\ie"e tbal~ tnigbl ~ lo't: ~ clubS woo1d ba'/<'cb>O"" of ~ ",bien tb< p1ll<. tb< c;auotY, tb< ".,usttY, an eon' fltl\1e' _ citY, ",gulauoOS, 'I\lO LR'I 15 tb< soo.-biIe uaftie to tb< LR'I und<' pllR ."dlo~ ~;" La\<< WOOC'"oka- Iligbl ""'" tb< CCUnlY 1nfOS tDl\iO' ~ ftoUI tb< ,.,ntb UI genotal and Cat" e tigblto ",guIal< all adi.1l1 00 tb< ttai1, But tb< ttai1 0'1<' to ~ each """'"', II"""!l os ~~..- tbal' """Ie .... ~n to ",gobUI"g tb< S~ doCS not _ tIl~ LR'I, and .w::,15 no ''::-... bJ ..,..usn< aPP"""'" on our part. 'I\lO c;auotY uai1 ~ ",ooId not be ",ggeted and IU....J...,...,.-" liu OS and pllR will not"" able to fiI1i\ . sIJtIiSlicaI ""'0 {of tcJ"""'lI p" 0 ' 2, 'I\lO qualitY of life'-' fot all tb< pe<>Ple u.in!I,uoogtb< LR'I,b3S pIt>I>abIJ - ~ bJ tile tnOst vocal activists. j The major tactical error of the most vocal opponents of snowmobiling on the LRT has been to substitute the safety issue for what I believe is the more immediate and substantial issue for those residing along the LRT - the nuisance factor. They seem to believe that only the safety issue has the power to actually shut snowmobiling down on the LRT. Therefore it has been all too tempting, tactically, to work almost exclusively on the safety issue, instead of the nuisance issue, in order to achieve the goal of a total ban. One reason why the most vocal activists may have chosen to emphasize safety, to the detriment of a more careful consideration of the nuisance factor, is that the Snowmobile Task Force arrived at the conclusion that noise and property damage problems were not substantial. If that's not true, we should revisit the question of noise and property damage, measure it, and develop a serious civil engineering perspective on it. So far, substituting the safety issue for the noise or nuisance issue has not worked. And I don't believe it will work in the future. If the safety issue were clear enough. it could and would be dealt with decisively. But if the local safety issue is not well defined statistically, and is nevertheless substituted for the nuisance issue, it can only result in fruitlessly distracting attention from what is likely to be of most concern to most of the people in close proximity to the LRT. (a) The Council cannot make rational social policy based on purely subjective estimates of safety. . . It has not, and will not further the goal of shuttW.g down snowmobiling on the LRT to offer subjective estimates and WlVerified observations of the safety of mixed use on the trail. In fact it is oerfectlv obvious that the obiective measure of safety is inevitably based on the accumulation of statistics over a long oeriod of time. But as soon as this is admitted it becomes a problem for the policy of banning snowmobiling on the basis of the safety issue alone. Statistically, walking the trail in wintertime appears to be safer than your neighbor's pets. For the period of 1987 (when our police department started keeping records) through 1997 . There is not a single snowmobile accident report on record (There is one "ice boat" accident recorded under the SnowmobileIRV category.) . There are 33 accidents involving bikes . There are 18 boating accidents . There are 19 injurious falls . There are 142 dog bites . There are 30 cat bites Ifbanning snowmobiles on the trail means moving them onto the streets on their way to Lake Minnetonka, it may result in a much more intense risk than we face now. Banning them altogether, cutting off any hope of access to Lake Minnetonka from the south for snowmobilers (we have few places to trailer snowmobiles and park cars) brings us back once again to the triggering of a policy crisis for the region, the DNR, and the county, the outcome of which is unpredictable. . . The only objective estimate of safety on the LRT is the statistical estimate, and it suggests that the venue we have today is safer than strolling by your neighbor's pets. Does any of this mean that I think that snowmobiles and pedestrians traveling the trail together is an absolutely safe combination? Of course not. But it stands to reason that with the low speed limits and enforcement, the risk may actually be decreasing. In any event, the statistics are not good news for alarmists. We all know from the news reports that snowmobiling can prove dangerous for stupid snowmobilers and unwary pedestrians, and only strict vigilance will keep it safe in Shorewood. I believe in that vigilance along with stiff penalties for violations. 1. . . . . ~ (b) What would the threshold be for banning snowmobiling from the LRT on the basis of the safety issue? A further difficulty in simply banning snowmobiling is that there is no agreed upon threshold of incidents that would imply that the activity should end. Incidents occur every year in a host of sporting activities which are not banned by municipalities, state governments, or sporting associations because no one believes that any sporting activity can, even in principle, be made perfectly safe. Mixing pedestrians and bicycles is recognizably risky, but an implicit policy of bicycling and walking at your own risk is obviously prevailing. Perhaps it shouldn't Some may argue that walking the trail during bicycle season is an unnecessarily anxious experience. What is the safety threshold for shutting an activity down? If, hypothetically, the objective probability of a fatal accident on the LRT during the winter is one every 200 years, that accident could nevertheless occur tomorrow. But what would it mean? That the present mixed-use arrangement is more dangerous than mixing high-speed bicycles, without speed limits, and pedestrians during the sununer? The objective probability of a fatality occurring under mixed bicycle and pedestrian use is, for all we know, one every 100 years, and that, too, could happen this year. There is a great deal we don't know. But what we do know does not favor a ban if safety is the only issue. Common sense tells us that mixed use of the trail should alwavs be a safety concern and should be regulated. But there is no clear agreement, perhaps because there is no clear method for creatillg it, about the percentage of violations, or absolute number of violations, which implies a ban. In principle, if speeding alone, depending upon the extent olU, was universally agreed to be a good reason for shutting down byways because it is a blatantly unsafe thing to do, we would certainly have shut down many of our roads a long time ago. In almost any context, government regulation cannot assure both freedom and security if even a single individual decides to behave irresponsibly. (c) The safety issue, in any event, may be easy to resolve. Even if we did have a clearly defined threshold the safety issue cannot end snowmobiling on the LRT because it is too easy to resolve. In the first place, pedestrian traffic could just as easily be banned from the trail as snowmobile traffic, and so far we have no evidence that the effect of one ban would be broader in its total recreational impact than the other. It's important to remember that without the grooming provided by the snowmobiling clubs, very little winter activity on the trail, on the part of pedestrians, would be possible. When we consider the cost of the patrolling, we need to also consider the cost to the city of grooming the trail. Second, the constnlction of a small, unobtrusive pedestrian side trail along the LRT, especially with the financial input of the snowmobile industry, snowmobile clubs, and perhaps even the county and the DNR, might incur a fraction of the cost associated with any section of our city-wide trail plan. It would be inconsistent of city government to preserve recreation along our roadways, with expensive side trails, while refusing to do so along the LRT at what might be a much lower cost. If safety is the ONLY issue, there is little question that it can be very pmctically resolved. 3. If mixed use of the LRT is a real nuisance to residents living along the LRT then both the Snowmobile Task Force and the Council will want to revisit the earlier conclusion that this is not the case. Both bodies would start focusing on civil engineering solutions to that problem, instead of focusing exclusively on the issue of whether or not there should be a total ban. We may have lost a lot of time we should have. spent devising quality of life solutions for both snowmobilers and non-snowmobiling residents, by focusing only on the issue of a total ban based on purely subjective estimates of safety. All responsible snowmobilers are struggling with the quality oflife issue. Part of it is that taking a snowmobile to Lake Minnetonka on the LRT is another positive difference, from their point of view, .t between Shorewood and more urbanized communities - a special difference they want to preserve without annoying people who reside along the LRT. If reason prevails, we may be able to ask ourselves what the measure of annoyance should be and derive ways of dealing with the annoyance. Perhaps a 10 mther than a 20-mile per hour speed limit, or grooming the trail with snow walls that will send the noise upward, or speed restriction devices, would help make life better for people living along the LRT. I believe there will be tremendous support among the vast majority of the snowmobilers for devices that are truly helpful and safe. There might be pmctical results for the first time in years. If noise or trespassing is a real issue, or perhaps even the issue, then we have not been making the progress we should have been making on that front We have been held up by an overwhelmingly subjective debate about safety and a total ban - a ban that might not serve our quality oflife goals in the long roo because the political context of snowmobiling on the LRT is not simply local. We need to be pmctical and wise in our choice of strategies. . . . . ,..g(--J ~~~ \:-J QS 'V 07 \J>- ?_'17 ':.J- f'JOSCCO?b'J: ?\'ll3 -;r >710 ~6l J 761'1 cH; I ~ """""* ~ (;C;;O '2 ~)\) ~) oJ.,i>'7 .f'(3 ~/(J I UV''-: . ~ ~1n~~ J. rw"AJ " :c:" iY \X\- . . . -,. ".-.' r'OJ! 9~ 3/~' (l, . S1' .:;;a7h'tJ Cl?-?; i:" " . . 1'(j ......r ~ 111.v,-,; QqI..t5 C5' / f55'V r- (i??Nl.' (l;;~ .8hSJ f~9117 0' It; ~ ~ iT) ry P ~ J.92 ..., it SS3.IPPV 3tl1U~ g661 '/-t u~nu~r 1JVll.1 ].11'1 IDIJ. N.O {)N.!'ll9:0WMON.S wallO! ~aao OPEN FORUM SNOWMOBILING ON THE LRT TRAIL January 27, 1998 Name Address eLJc)(.)(! . . LIV J ecJ. '/1-n/-/tJk ~ l , d.'1Sq 0 Srr\, K ~. 53tJ~~ y-. . . /..tw,Yia 'clJ SS-35/ -rJ-I-t;;A1/f:f Il-~ ~ Z J 760 L/JUJ'IDIlIK4- L OPEN FORUM SNOWMOBILING ON THE LRT TRAIL January 27, 1998 Address ..c . . . ~I - S-~oo we-o (jVJtAlO &1.. G'bOO Srn er...; tV lJ . ~, 0$ \JQC'~;V6 Clv-cle s-7icJ tJgj:J?;ct'C/ ~ y OPEN FORUM SNOWMOBILING ON THE LRT TRAIL January 27, 1998 Name Address "<:"$ \.C) AtA-(~ ~, 2- 4 q '50 ,Pt M L, -Ge t&A-O ~o r sm I nhvl-tlJ-V 1Z1:J 5~ro5 Wft!2f)/Nb:, L-JJ I 5 Lj (p () c;Je-fJ Ub.A!tJO (} t:1 1<.. ". . 2J/ 12-') . . 559 lu2-(.I~ RJ 7rt,~S./ ~rn'J . . . . SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COMMENT SHEET 1/27/98 NAME fetal hJ/IJevfsfYL , ADDRESS :260 5~ Sin/It ~lN/^- !-a~ e PHONE. 470- ?( (Pb General Comments: ~os+ ~a~~+-1-~ {;~ dJ-t 1f eM- ~/Sfft0 · ~~~ fr/%% ~~ ~/o J'~JttbiJr .{~~ft:rL~~ .~~~~~~ ~.~ · ~j::: ;JJt~tt/~~~ ~~ ~ /M~\L; ~. (1 SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COMMENT SHEET ~ 1127/98 tJ /?t1 NAMe ~'i I u/J-"isO/7 f-.. 'rCvt--t! 0/&"tso; ADD~F.SSjJ",os-s- (Q07l-rIrbWO Lt'J PHONE lj70--g'1 bb General Comments: . .. . . . . SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail /"1 COMMENT SHEET ;; i . 1/27/98 NAME 'WI) hPbAA).f ADDRESS ~<5 8~~#hu/'0 PHONE (j74-~&77 General Comments: -ad:x ~ jilU Jy-lf ~{i^-. fJvj; ~ ~ · t f (' ~+ l()A,"-'Q .f.o rllL0U,,- ~ rLw:1K ' . ~A~~ ~~. 0 ~~"J ~~;WJr,. &f · SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COMMENT SHEET ""' 1/27/98 NAME (/A#! (J17A1-nJ/Y1/.l~~ i/ $')":I^! . - -Tn' ~ f" .. / ADDRE~ S'/.5-5'" .QLdJ;Art'1.A -7 PrVL- PHONE "17'1- ~ 5-. ,)Y General Comments: NJ~ t'~41A',,"1 y . . ~ f .~ = . . ..2 (Jt17XJr/ :Sluammo3 l~.Iaua~ . . ~ = -t:'h~C? I1l/l. a. d (' , ~;J aWvl< 86/L'Ul .Lams wawwo::> U1U.L .L1I~ a'll no ~nn!qoUlA\OUS muJ.IDlW wmlO.i NaclO aOOA\mIORS 4. , 1r SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COMMENT SHEET 1/27/98 :::: ~1 ,~Ab ) ESS V &h/~d~- PHONE 1f1J1f-P3/3 General Comments: -f:.~ ~4i,,~/-/b~ OX~/Jvfi-:~Jj-J~P0. 1 ~ . _ ) !:-;:;;;!(j::;~~ . ~f:r:~~;;~~)~~' . . '.J~ ?-&id4i/ ~~4J ~LJ~' qnp4* 6~~ .P'~ ~ P ~ ,/ft/~~? -:m · ,v;14~ n - -d$f _~;dfit !t?P ~/~-4' . jy ,:I.k)cdfd~,~1.d5 ~4 LhJ ~Jg~/~ . ?"~ ~<<W W/fJ1 ~.,~'; -I i .. . . . . SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COlVIMENT SHEET 1/27/98 NAME In/kt'~ rI l/Jr/ /-/&r(y'A/) A D D RE SS J'~ 'IS' ;:i J". /'././11 f!EI. PHONE lj)-J!-- / t f}- General C;:;omments: !/llLdd~ ~.ALl~,' lJfft'.LJ" 141'/ Lf T: ~ II,U, t[;,r;- l~ ". . I. I ...... . . . . .. Jf}/J(I}(f1()JoT/;?/ tJn <fjti.f -.frail. !?J4A./4fA2-'S' AJ~;:(e-:. ,c.5m~//, - .. , . / ~ - ~aJ.~kt ' !/ = Jt{ Jonlj fJvrf dUG !/ .. SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COMMENT SHEET 1/27/98 NAME Glnb~\~ ADDRESS 1....ruO A~t.Ll r~:J PHONE .t-{j 6 ~ 67.-7-2_ General Comments: _:[ (\\,~ CM ~. l-~ \Yo,~1 t: ~\y\ (; W"'t~ v{"" + \"l\ t- .t \v\ W U\J \ ~ \. \ V <f~ ~(( (rv0 I' A + ; tJt1l\<:~~ ~h '" t> V\ tivv\ u.... .. U \ ~ II\{. p"\ u. \M.1Nvt ~~l>-< -I- ~ '('(~--p ",,-{ ~ b r r ''-trf- tf1 -df:,( ~nA- Y1 ~ t- i7tC( c; ~ ~ r :UA < , t) :::3::: F i V\L'\ ~rv h\ (J-( 9:1'~1h-D I) .. [:'+'5~J( "" ~~~ cM~\r_ \ i f':l ~~~ ~ lei L~ . _f~^~n:1A \,~ Lt (~V V'f/\ o~ r VVlI -\- . . ~ \ r ~ w ~ bC'~ '- ~, Uk t- tfVv\ Q ~ . ~tf d.\ \-' Crv-t GJ" . I 0.. ~ rv,: +- .. ~$. -TMfu~'\i~- . &Y\f~L ~ n~l ~ oA.t\/'1f1,. IvALLA-j \'MQVOVJIJ. 0" ,L u>d\ Wd1j:'- W\~. tltvJ~ . tY h n 'vJ CVV\ t tJ..- V\!f'\I\ f,Md-rd) I t,.,r -Q t' V- t\ , t 6.\ { IA~,~" - -- \ " _ i'v\><Y~6\}r- ::r ,^,^W lx.f-'V\ WL~ vr u+ \' ':l (J /A I'YI J \"1- 6.. \'lA flvYl fA -t- \<-q 01:.\ ~ (5 ~ .- ~~~. V\ c\ \..AJ-. LYCi0vl \r',Atn.-dd,g L "'(.1 \-1'1JflA.,J VlA__t l;j' (Q/1/ :lo (,~ . . ;! . . . . " SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COMMENT SHEET NAr.JE J};1'JCl 1h'r;}7198 ADDRESSrYYS-9c) S/Y)~~L /l! PHONE L(7r-0s~ General Comments: !j- Cr;y>J,/JlOrn!5c ~ !: SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COMMENT SHEET 1/27/98 NAME 11?~a1~, 11J~/;..a.,r- ADI!RESS '1tJ Cj!~rb~~a ~J !JAM PHONE ;(h{;)...) f!i:# 'I?'f-;;J. 530 --5#3'5/ General Comments: 7l/'1' -V~ ~ J- ~~ ~ ~J<r~ cJ-hd-tu-~~, 19~ ~~ct a/n ~tU~ ~ Y ~}~. . ~ ~ ~ ~--!t(!V-T- tI . .' . . . . . ~ ~~~J2- ~. R~J7/W~~ ~.<-~ U~~~, C~ . . .i f ! j ! 'fI'>" . . . . SHOREWOOD OPEN FORUM J\'IEETING Snowmobiling on the LRT Trail COMMENT SHEET NAME b",,;l ~:R ADDRESS 5701 ~ocj~vck C,'rrJe PHONE L/7L(- ~ )51 , General Comments: ~(crA~k fL- Tr~,(\ - ol9V:1 A) <'A ~ ){J~V\+ L + .:r g'l\ t1<... t-,...... It, t wI] oS l"" /J 1c, to \""--1 c.-I-t' nA /+ , c. b S' c.. ,{t.. c C\~ 4 ~ o1.,_wt.~ 1" r ~ -r.. b<- odt bl~ ~ "y- 1 l: 0>'\ 's , i~~~~ .411 0-1 ~ 1-l<.. ('(1 ~ J I t r. ( ( r ~c.. c.. ,if!~'" ,~.s ~....s I +-5 /),-.$ + L\ I . I I I k &\ f-c...r.s " '" ...... t'\ 0 kM J . \..c.. d 9 "\ +nr t~rs. ;^.t. ~~J.J.<-YJl'7 I\.. :+- <-+5 /,,,,$ ~-J '~+-5 of-fr___d,rc.. ~-Jet/.c", ,-calk \A/Cl\."+- f~ c/"'$~ ,r:.( p,~~tb/c _ I: +-~ 4 ~ S 'vrJ , ,..J ~~(( ...,... ...-/H SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail COMMENT SHEET 1/27/98 NAML5/;t'7/ v-- f~lIj/ (J'/hi'ri:,orJ ADDRESS.;'t;DLS"""S (')mFtA!ou.//1 L/7 PHONE 11D.--rIGc-., ~. eneral Comments: 'urO/DOe/tv /.. / / !. r D I(?~ ~ ee~ "'-~ . . . .~ t . . . . 1 01-30-1998 12:14 6129324125 Bl/24/1998 16:57 6124724349 FPSQ-TWIN CITIES FARt€S P.01/01 PAGE B1 _: LRT........ 'nII1 tIIII: 81-01.1120:32:22 EST PIDm: MIll" 'nt; city....................... oe:'__lSoI... I ... ..... . 8horwlJ1l1d ........".,... ... UI8 to .. the nil........ lbalflllWlllObll. CIIM Into ... f donat....... an tIw trII. ........ CDI caunby ..... narl:lr...... dIIIIv U.__IIIIIIIN. I CGnIkiIr W. . great _. not" be .. IV '*' IM""--' thIIln C1f..,... .. the COlt 01........ tnIII..-.... _.,., _111_ jIIItIIIlrI I:lId the tINt... ..... twh......... ria ....1IdIItInCe -..... ~ (111........ -> far... .. ....... et ~ thI'lDM11lJ~"" . ... " . ~ .. thIt ..."... ... fldIfnIdng .. UIUIIY..... ..lall1ClWlMlll.. spad, mild", far..., ........ .......... ,*-'* fill ttwt .. matadZId WNefllIIIoUId III ...... tam tile.. "-*YGU far 1M""'" fII........" ,UMnIt '"' ....... ..... V.... ,.............. -.............. .... , . . . . . January 27, 1998 To the Mayor and Members of the Council: Our opposition to the use of the LRT does not mean we want a ban of snowmobiles in Shorewood. Nor are we taking shots at the Shorewood snowmobile owners. Instead our opposition stems from the significant compromise of our quality of life and safety that occurs every winter as long as the activity continues on the LRT. The compromising of quality of life goes beyond the noise and fumes, which in themselves are considerable. It extends to the emotional anguish we have felt since 1982 over the frustration of dealing with City Hall. Unfortunately, you have inherited this aggravation. Our feelings are no different than those of the Watten Pond neighbors who reacted to the loss of woods and wetlands, to the Smithtown Road residents feeling of revulsion when crews came to install city water, or the Seamans Drive and Shorewood Oaks neighbors who felt their quality of life would be compromised by Senior Housing. Those factors, coupled with a City Hall that has been dedicated to perpetuating snowmobiling in Shorewood, no matter what, have cost us our quality of life. To add to this it seems the "experts" continue to be people who are not experts at all because they don't live here! We have had a planning commissioner from Christmas Lake collect and arbitrarily analyze all sorts of data. (Being sure to focus on the real problem: complaining neighbors.) We have had the city administrator park at a street crossing for an hour and declare no problems. What next? A secretary from city hall doing trail walks? When will we be empowered? Every winter our back and front yards are invaded by people from allover the country, as the citations indicate, who have absolutely no vested interest in this community or its values whatsoever. Their only interest is to get from Point A to Point Band they-don't care when they do it or how fast. They may never pass this way again. Shorewood snowmobilers should be outraged at their counterparts who have made it so difficult for them. This local trail is marketed nationally by the DNR and the use of it will only increase. Why were we so adamant about keeping non-Shorewood senior citizens out of our housing project, but our doors are wide open to this recreation? There are many questions that continue to plague those of us who live along the LRT, the least of which is why Shorewood is held hostage by this past time, and the most urgent of which is, "when will we be believed and allowed to be part of this process? ~ i ere1y, f.) I K~ ~ca WM--t & Pat Arnst ~ t'7-/'IO ~ & 1I1:2i':!'l.'1 11:15 '5"612 3.'32 :.J.'39u MARKET STRT P.-\RT ll!J1I1I': .. Clay Atkinson 5735 Brentridge Dr. S horewood. MN To the Board! Attendees: r unfortunately could not attend this meeting. therefore I am providing this WTitten statement. . . While I am concerned about snowmobiles and their impact on the quality of life. I have a greater concern about the processes of Shorewood City government. Why is this meeting taking place? What does the mayor. and those board members on hiS team. have in mind? Is there any chance that the mayor and those aligned with him will really change the1r minds as a result of anything said at this meeting? Based on what I have seen to-date. the people In this room should be more concerned with how this mayor and his board member supporters conduct the process of city government. . . Although I have only anecdotal evidence for many of my concerns about abuses of the process. I am spec1f1cally concerned that one of the most competent and fair people I have ever known was removed from the park commission- -my wife. Ann Packard. Apparently the mayor indicated that she was removed because we called and complained about a snowmobile rules violation. In contrast, I'm confident that most of the snowmobile commun1ty would have accepted and understood the complaint because they are trying to self- regulate. So. do we have a situation where the mayor believes Ann Packard had a bias against snowmobiles. therefore she is out? If the mayor has a bias toward snowmoblles. should he then also be removed? I hope this community can look beyond our personal beliefs and desires rdated to snowmobIles. trails and water systems. etc. and keep an eye on proceedings of this board. I also hope that board members are able to make independent decisions based on respect for duc process. Thank you. ?;:~~;$~~::;r::: y ~~ J;-'<tf' Cf~n ^>J~ . 4? "71.iJ ~'Y'WJ~ ""'" (( :9 -a ~~ . 7~;,jJ 'ffTJ ~y ~~' W'J'u> '/IdUlOh'O"- ~-' ~rl~';rw~'P %o--ri ~;r "OU -I . . . OJ -- '~~~f~~~~~~ ~ ~p, >o/>'r~' -rr f.p r- T ~w ~~ ~~r~ ~ ~..-rrQ) ~"~~ 5(f:77" ~ frO ~ 1(.0 ~ -+ --~ is" "o~' ~~r~~ry~~n . . ^8i I , [[;-:5/-1 ! -, =. =-- = ~ = ~ -. -- = = ~ c ~ ~?'('-'~ rvr" er Jrn = '= .. , L . . . . City Council: Jan 27, 1998 How I have waited for this meeting to come, there was nothing that was going to keep me away. Finally a chance to voice my opinion, to vent my anger, to speak my peace. As a resident of Shorewood for 18 years, I have that right. Sadly, my Mother In Law died on Sunday, and I am preparing for a funeral on Wed. I hope that you have time to read my letter. We have lived on Smithtown Road long enough to have watched the last train go by. We purchased our home knowing the tracks would soon be leaving . We were looking for a peaceful place to raise our child~en. We are on a lot of almost 3 acres, with our home being close to the middle of the lot. We do have a ~ot of space between our home and the trail, I cannot imagine what the noise would be like on a smaller lot. What we have endured and continue to endure is the drone of snowmobiles. The constant tracking into ouryyard, front and rear, the continuous dis-regard for the time limits on the track and for peoples property. ~ll you have to do is walk along the track about one week after a fresh snowfall and see what has happened. After the trail is beaten down and is bumpy, they find new snow. I call it the snowmobilers mentality, "Where there's snow, I can Go". Don't neglect to check out the front properties along Smithtown Road. We actually think our new trees are big enough to survive the winter this year, actually, it's not the winter they are surviving, but the snowmobilers. I've tried all I can to keep this from happening, signs, twine, flags, forget it. closing the trail is not going to do it for all of us, you have to ban snowmobiles from Shorewood. Why does Shorewood have to be one of a few that still allows this recreational use for so many, yet does nothing to insure residents along the trail some peace and quiet. Why is their recreation more important than a handful of residents along the trail. Why do I have to have my s~e~p interupted on a Sunday night at 10:45?Why do I have to listen to them on a Saturday morning sit at the stop signs and rev their engines. When these time limits are set, did it ever occur to anyone that some people work at night and have to sleep during the day? We had great neighbors that had snowmobiles, we never voiced our opinion very strongly because we felt they deserved to have some recreation. They never went into our yard because they knew and respected our property. They also put up with a few of our recreations. It was a neighbor thing. It is not our neighbors who are abusing the trail and my yard. I feel that I have a right to keep these people out of my yard, and you have an obligation to assure me of some sort of peace an quiet. You need to be realistic, there are more snowmobilers out there than people who live on the trail. What good does an open forum do? A few years ago I was so frustrated by the snowmobilers that I called the city. I was given Mr. Puzaks name as being the President of the snowmobile club, that I should give him a call. I left him several messages over a three day period, of course I got no response. I call the city back, they were very helpful in directing me to the top of the ladder. When I described where I lived and they located it on the map as we spoke, he said" What the heck are they doing in Your Yard". What could I say, he was very helpful and gave me the name and phone number of someone at the DNR. She was wonderful. I got a call from Mr Puzak within a few hours. He asked for my patience and a fe~Jdays to help me out. Sure enough, within a week we had some hay bo~in our yard. It helped, but not enough. He had also asked me what the snowmobilers were doing in our yard. What can I say. These are not all young people causing the problems, I have seen many adults with small children on their sleds going off the trail. Why not teach them at a young age that these signs do not apply for everyone to f~llow the rules. I love the sign by our house on Smithtown Road directing them to the trail. I do want to point out in all honesty that some have tried. I love it every time I see the lights go on in the squad car that is quite often behind our house. I love it that I don't hear that constant drone of the trail groomer in the middle of the night, especially since it's headlight no longer circles our bedroom when it turned aroung. I love it whenever I see the officer standing on the trail with a radar gun, but is this really where we want him spending his time? ~ . . . . .. . . . . How can you have a trail with people walking, skiing and driving snowmobiles. Please don't wait until someone gets hurt. I saw two skiers out on a Saturday morning at 6:30 AM. Are they just early morning people, or people being realistic. You need to take these motorized sleds out of Shorewood. Closing the trail will not solve the problem at our house. You should not be considering the opinions or suggestions of anyone outside of Shorewood. Ss a resident and taxpa~er in Shorewood I think that my wishes should be considered over an outsider, They should not have the right to attend an open forum, and be allowed to give their opinions, they must have their own city. I think you should be considering every possible thing that you can do as an elected official to let me have the privacy that I deserve. I am signing my name to this letter, but I do hope that you do not give my name out. I think some people will know who I am, but I don't think I could stand any abuse to myself or my property at this time. Please let me know if there is going to be a meeting that will consider Shorewood Residents only, not outsiders. Pat Olsen ~::ro~ . P.S. Love the few hay bales that were put on our property after the letter on the forum came out. Too bad you didn.t bother with our front yard. Too little, too late. January 27, 1998 Tom Dahlberg Mayor, City of Shorewood 5775 Country Club Road Shorewood,~. 55331 Dear Mr. Dahlberg, . . Our family recently moved from Minneapolis (Lake Harriet area) to a new development in Shorewood. Although we will miss living in south Minneapolis, especially the charm of Lake Harriet, Shorewood has plenty to offer. The LRT Trail was a factor in our decision when we purchased our home. My Wife and I are both very active and have two small children and a big dog that loves his exercise - so the LRT Trail has been a great resource! . . However, the reason for this letter is to express my concern regarding snowmobile use on the LRT Trail. A couple of weeks ago I was walking my dog on the LRT Trail just after 5:00 p.m. We were going west on the Trail between Wedgewood Drive and Hwy 19 when two snowmobiles approached me from behind at a hil!h rate ofsueed. Unfortunately, I didn't hear the snowmobiles because I was listening to music with my headphones and I was at a point on the Trail where it bends around the comer. Luckily my dog stopped and alerted me that something was behind us. We were able to dive out of the way and off the Trail just in time to avoid the snowmobiles which never stopped or slowed down to see if we were all right. Had my children been with me, I'm not sure we would have been able to get out of the way. First of all, banning snowmobile use in the City of Shorewood is not a realistic approach, but allowing snowmobiles to have access to the LRT Trail puts innocent individuals at risk. I understand that the speed limit is 20mph / 10mph when pedestrians are present -- THIS IS A JOKE especially once it gets later at night. I have also noticed that snowmobilers do not follow the curfew that is in place. The result is that I have concern over the safety of my family and no longer can enjoy the benefits that the LRT Trail offers because of snowmobiles. As a taxpaying citizen of your community, it is a violation and extremely disappointing. Mr. Dahlberg, every year in the State of Minnesota we hear about people losing their lives on snowmobiles, that is a risk an individual takes anytime they ride a snowmobile, we can't control that nor should we. However, you and the council members have the responsibility to make changes to laws when necessary for the overall safety and welfare of its people. I urge you to take action and ban snowmobile use on the LRT Trail. Hopefuny, an innocent person does not have to die before this is taken seriously. Sincerely, Joe McGinnis 5790 Smith town Way Shorewood (H) 474 - 6375 (W) 921 - 1387 c: Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel James Hurm t ~ . . . . 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I' II" ldnJ WI U~, .. ,nn, f\'.-=jiii I: ~ --' =,! '-_! ,d).=:J i L. - - ---_._-- .. . . . .. .. , c, . . . . Message Received on the Shoreline on January 27, 1998: Hi, this is Joyce Holcomb calling at 25675 Smithtown Road, and my husband Dick and I live on the trail, on the Smithtown roadway right at Eureka, right where Eureka goes north actually, so we are backing to the light rail transit trail. I forgot to send anything in to you about this open forum meeting tonight and I intended to do it, but I will tell you on the voice mail, on the Shoreline comment line. Contrary to what you are hearing from other people, we do not see any problem at all with the snowmobiles. They have found religion shall we say this past year or two because there has been scrutiny of their behavior, so there hasn't been any problem. They are not going up on our grass, they are not speeding past us when we are walking with the dogs, they are not doing a lot of things. I want to still be able to walk with the dogs, and the dogs are on a leash on the trail, so there shouldn't be any problem with that. To me right now they are not a problem at all, they seem to stop at the right time in the evening, they are going the right speed limit, they slow down when they see people, they are not up on my grass, and so the whole thing. I don't see a problem, so count me in on this side, and my husband also, on the side of the people who are not finding it a problem at all. I think they do need a place to go, what do we want them doing? Trying to sneak into parks at night and going across the fields? You have been very effective in keeping them out of Freeman Park. I can see that no one has been in there and that is wonderful. I think they are just fine on the trail, and again Joyce Holcomb and Dick Holcomb, 25675 Smithtown Road. And that is in Shorewood, 474-4768. Bye bye. ( ~A ~ ~ (:) --voO'""cr~ ,. . ,,~ . . . . Wednesday, January 28, 1998 l~' ~~~n~lI~~\ , JAN ~ 8 1991 ~;, ~- \ , 8y. Shorewood City Council RE: LRT Meeting 1/27/98 GentlemenlLadies of the Shorewood City Council, I attended last nights LRT meeting regarding dual use of the LRT I listened to the issues and was impressed at points made by both snowmobilers and non- snowmobilers. Unfortunately, I did not hear a WIN WIN Solution. There have been a number of council meetings regarding the shared used of the LRT but no real action by the council. In the mean time, the snowmobile LRT usage numbers continue to grow along with Shorewoods Population Density. If nothing changes, it is only a matter of time until the first serious accident. The issue is safety. Can man and machine share a 8 to 10 foot wide path? Ask a snowmobile owner and he will say YES, ask a walker/Cross County Ski type and he will say NO. I do not think that attitude will ever change regardless of how many meetings are held. Both Sides have to give a little. We are all Shorewood Residents using the LRT for recreational use. My Recommendations. Chanae the Snowmobile Curfew 8 a.m. to 8 p.m. Sun. through Thur 8 a.m. to 9 p.m.. Sat & Sun Restrict LRT Snowmobile usage to Shorewood Residents. If Non-Resident Snowmobilers want to use the trail, they must purchase a seasons permit from City Hall ($75?), provide proof of insurance, and be given the "Shorewood Trail Rules". Limit the number of permits available. The overall result would be fewer non-resident snowmobiles, fewer resident complaints, and reduced probability of serious accidents. It is time for the Shorewood City Council to take ownership of this LRT issue. The safety issues for Shorewood Residents demand immediate attention. The facts are in, now it is time to take the necessary steps to make the LRT safe for All. Sincerely, ~, Gary Anderson 26940 W62nd St Shorewood .\ ,~ . . . . SHOREWOOD OPEN FORUM MEETING Snowmobiling on the LRT Trail Comment Sheet ~~~t;. .~~W~~l inl Fr-- ! U U t. b '2 1998 I By I Dave Fredrickson 26370 Peach Circle 470-4587 Having attended the meeting on Tuesday night, I felt it is very necessary to express my thoughts on the issue of snowmobiling on the L TR. The city council has its work cut out for them on this issue, because the squeaky wheel gets the oil and in this case the anti-snowmobiling group is starting to rust! It always amazes me to see and feel emotion of a few and how they can soon dictate policy for us all. In order for the council to fairly legislate policy on this issue, they must first and foremost govern with real facts. Actual police reports, number of actual arrest on the trail, purpose of the arrest, where and when the violations occurred, city resident or non city resident, type of violation, history on the trail, expense by the city for maintenance of the trail, number of users on the trail by category (walker, cross country skier or snowmobile), and any financial aid given to the trail by the DNR because of license requirement or any other useful information in making a sound decision. Then and only then can you sit down and make a rational decision, on the use of the trail by anyone. For over 7 years my wife and I have lived on Peach Circle, currently with two kids under 3 years old and we both work, so we too like our peace and quite at the end of busy day. In the winter time I like most Minnesota people I know, have their windows closed, and don't hear much of any thing going on outside. The noise concerns may be legitimate but totally of opinion. Any snowmobile traveling at 20 MPH should not cause the windows to rattle. The law has already restricted the time of use, so late evening noise is already against the law. Enforce the curfew. The enforcement of snowmobile laws are really the only way to get the word out to the surrounding communities that come to use Shorewood's 2.5 miles of trail. Inform them of the violations by arrest and posting of signage. Our discussion at the forum indicated that Shorewood residents know the sensitivity of the use of our trail, but I can guarantee that 90% of the outside traffic have no idea of the laws and restrictions in Shorewood. Post the restrictions and fine schedule. Post stop signs twice to reinforce everyone reads the laws on this 2 mile stretch before entering the trail. The last and most important concern on the trail is safety. No one wants to see or hear of anyone getting injured or killed. Sometimes enforcement of laws alone will not prevent an accident. The suggestion at the meeting of restricting use by walkers and skiers makes a great deal of sense. The trail is only open 4 II;lonths out of the year to snowmobiling. Restrict pedestrian use to the other 8 months out of the year or post "Walk at Own Risk" signs for those that must walk down snowmobile tracks in the middle of winter. Another suggestion was to widen the trail or establish a walking trail down in the ditch or sides of the trail away from the elevated portion. After all if you want to walk, you are probably looking for exercise or a peaceful encounter with nature, what a better place than down in the woods and not above them as the elevated trail currently provides. The conclusion of the matter is that only a few people have a noise problem and a few have safety concerns. The majority want to have an outlet out of the city to have a little family fun. Lets face it, Minnesota is trying to legislate and micro manage their way into everything we see and do in life. . . . ..,.... ..... NOIIWEST BANKS ..... .."'.. Norwest Bank Minnesota, N.A. Wayzata Office 900 East Wayzata Boulevard Wayzata, Minnesota 55391 612/473-8855 >~~--~-"'-..,......._,-_.".,~...",. ~, -'I 1-r-==: ~ ,~ -' ! ~-=: :'iJ }j (~.:' d-; I fl ~ _, :.t i i Ii ,-,,-\ ;', ,') ~ ;...' January 20, 1998 By Mayor Thomas Dahlberg City of Shore wood 5755 Country Club Road Shorewood, MN 55331 Subject: Norwest Ha1fMarathon Dear Mayor Dahlberg: The 18th annual Norwest Half Marathon (formerly Lake Minnetonka Half Marathon) between Wayzata and Excelsior is scheduled for Sunday, May 3, 1998. We will begin the race at 8 A.M. The route will be the same as in past years. Once again, we will be contributing race proceeds to lake area community endeavors. Please send me any permit applications your ordinances may requires. I will complete and return them immediately upon receipt. Should you have any questions, please call me at 476-3882. Sincerely, iJJ;J~ Paul W. Maahs Vice President PWM/ld #'-/B .. JAN-28-1998 16:29 SOUTH LAKE M I NNETONKA PD 612 474 4477 P.01 SOUTH LAKE MINNETO PUBLIC SAFETY DEPARTMENT 810 lsiorBoWevard Excelsio Minnesota 55331 RICHARD A. YOUNG Chief or Police To: Teri Naab Chief Rick Youn~ January 28, 1998 From: Date: Subject: Norwest Half Marathon (612) 474-3261 RANDlIM VlAFAXONLY This is an annual event. It has never b any problem. I would recommend approval of any required permit. "'__.:.. r.._...4' ..I,.. II:..__....._L.. ,........... -.:... .Ift......,....:... ,.._...._...~'" .t>L___n__J _JT_f... D.__ TOTAL P.01 . . DRAfT 10 CITY OF SHOREWOOD PARK COMMISSION MEETING WEDNESDAY, JANUARY 28, 1998 MINUTES 1. CONVENE PARK COMMISSION MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Vice Chair Dallman called the meeting to order at 7 :31 p.m. A. ROLL CALL Present: Chair Puzak (arrived at 7:40 p.m.); Commissioners Colopoulos, Bensman, Dallman, Arnst, Themig and Cochran; Administrator Jim Hurm; Park Planner Mark Koegler REVIEW AGENDA B. . Vice Chair Dallman read the Agenda for January 28,1998. Dallman approved, Themig seconded. Motion passed 7/0. 2. APPROVAL OF MINUTES Park Commission Minutes of January 13, 1998 Dallman moved, Bensman seconded, to approve the minutes as amended on Page 3, Item 9, Paragraph 1 change to read, "The consensus of the Commission was to continue taking turns as Park Liaison to the Council and to inform who will be attending that meeting in their packet". Page 4, Item B, Paragraph 3, change to read, "Chair Colopoulos requested the issue of a possible skate park be brought back for consideration on a new future agenda and to invite Matt Pike back". Motion passed 7/0. . 3. PREPARATION FOR THE PARKffRAIL FORUM OF FEBRUARY 19. 1998 A. NEED FOR AND MEANS OF CONDUCTING A SURVEY Administrator Hurm reviewed the park/trail surveys that were included in the packet. Koegler explained that the advantage of a survey is that it is one more tool to use. It will be a third party, scientific survey. It was determined the questions or areas of inquiry should be as follows: . Type of trails - integrated vrs. segregated segments . Trail design . Physical characteristics . Environmental impact . Off street/on street . What are destinations of pedestrians, activity, age JJr,1'r I PARK COMMISSION MINUTES JANUARY 28, 1998 - PAGE 2 . How would you use a trail . Demographics . Value, quality of life questions . What do residents use parks for · User fees (should parks be funded by property tax, user fees, organizations) . Safety . Property value questions . Benefit to residents . Green space activities Koegler explained that the company he is recommending to conduct the survey will put together the questions. Commissioner Puzak stated the goal of the survey is to ask the community questions that help City officials determine the ability of a trail system and attributes of the trail system. Additionally, the . survey would ask questions of residents about other recreational facilities that are underneath the scope of park/recreation department. Kroegler recommended hiring Decision Resources to conduct the telephone survey. The cost is estimated to be around $6,000. Colopoulos moved, Arnst seconded, to direct staff to prepare to consider including an agreement with Decision Resources for professional marketing services to provide a telephone survey on trails within the City. Motion passed 7/0. B. PUBLICITY FOR FORUM The consensus was to send out postcards to all Shorewood residents announcing the open forum to be held on February 19 at the Southshore Center. Commissioners were encouraged to urge residents to attend. C. DISCUSSION OF FORUM FORMAT . Koegler explained the handout regarding the purpose and process of the forum. This handout is attached to and made a part of these minutes. The four exercises that will be done at the forum are: 1. Openin~ exercise-initial reaction to what people think about Shorewood 2. Defmition exercise-defme the existing characteristics that make Shorewood what it is today 3. Visioning exercise-focus on identifying elements of the community's vision for the future. 4. Characteristics exercise-will focus on evaluating the characteristics that were identified in exercise 3. 4. REVIEW OF MEETING DATES Administrator Hurm reviewed a timeline of upcoming meetings. There were no revisions. . . PARK COMMISSION MINUTES JANUARY 28, 1998 - PAGE 3 5. ADJOURNMENT Colopoulos moved, Cochran seconded, to adjourn the meeting at 10:22 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Twila Grout Parks Secretary Community Visioning/Input Meeting - February 19, 1998 Purposes of the Community Input Meeting: 1. Provide a forum to gain an understanding of the community's future vision and specifically, how parks and trails fit into or relate to that vision. 2. Gain an understanding of park and trail issues that are important to the community. 3. Gain an understanding of the facilities that people want to see included in the completion of the Shorewood park system. . 4. Help in assembling a list of individuals who could potentially serve on the Citizen Review Group. The purpose of the Community Input Meeting is not to: Solve the trail controversy in Shorewood. That task is the responsibility of the Park Commission and City Council with the advice and assistance of the Citizen Review Group. . J"t. .. Discussion Guide February 19, 1998 Community Visioning/Input Meeting Park & Trail Planning, City of Shorewood i'~at Do We Want Our Community to Be and Mat is the Role of Parks & Trailsr' 1. Opening Exercise - This exercise will be structured as a "wann up" to get an initial reaction to what people like about Shorewood and perhaps, more importantly, it will allow them to get to know each other. . 2. Deimition Exercise - This.. exercise will defme the existing characteristics that make Shorewood what it is today. The format of this exercise will involve some individual thinking and random group reporting. 3. Visioning Exercise - This exercise will focus on identifying elements of the community's vision for the future. It will include both small group discussions and large group reporting. The results of this session will yield a r~dom listing of vision elements that are associated with all aspects of the community. The responses will be separated into two categories: 1) park and trail elements and 2) other elements. Only the items identified as part of the park and trail set will be further discussed Hoisington Koegler Group Inc. 4. Characteristics Exercise - This portion of the program will focus on evaluating the characteristics that were identified in exercise 3. The evaluation will include a group and if necessary, an individual ranking of their importance. . During the meeting, participants will have an opportunity to note comments that are park specific on sheets that are posted along with the master plan for each park site. 6129296166 DECISION RESOURSES 666 P02 FEB 06 '98 13:35 PROJECT PROPOSAL DeeisioD Resources, Ltd. 3128 DeBn Court Minneapolis. Minnesota 55416 (612) 92()..2401 Fax: (612) 929-6166 To: Jim Hurm 474-0128 Peter Leatherman Shorewood Project Costs Date: February 6,1998 Pages: 2, including this cover sheet Fax #: From: Subjeet: . COMMENTS Decision Resources, Ltd., is pleased to provide this proposal for survey research to you. It is based upon our previous discussion. Survey Parameters: . Park and Recreational Facilities Study . A Random Sample of Shorewood city residents . SO Questions Maximum . Written Analysis of Survey . Presentation of Data and Findings Costs: . . 300 Random Sample, would be =5.5% in 9S out 100 cases $5.500.00 . 400 Random Sample, would be :5.0% in 95 out 100 cases $6,500.00 . Additional Questions to the Survey would $125.00 per question A larger sample would allow for more demographic breakdowns, which would provide the City of Shorewood a more in-depth analysis of survey results. Company policy requires one-half of the total cost at the time of the approval of the question PRIOR TO FIELDWORK.; the remainder is due at the time of the delivery of the Report of Findings. 1t"IoB 6129296166 DECISION RESOURSES 666 P03 FEB 06 '98 13:35 Project Timeli"e: 1. One plauning meeting with you and other designated participants to establish topics for questions. This activity to be completed within two weeks of the initiation of the contract and may be accomplished in the interests of efficiency, using telephone and faxes. 2. Structuring of questions and final approval of the survey instrument These activities to be completed within two weeks of the initiation of the contract. 3. Final determination of the field dates for the interviews and questionnaire approval. 4. Pre-testing and, if needed, approval of resulting revisions. This activity to be completed by the second day of fieldwork. 5. Computer analysis and preparation oftbe written report. Frequencies of responses will be pl'Ovided to the client within two weeks after the completion of all fieldwork. All statistical analysis and prelm,;nary commentary will be available four weeks after completioD of the fieldwork. 6. Telephone discussion with you and designated participants to explain and discuss survey results. TIlls preliminary discussion can be arranged at a time convenient for you and appropriate and/or staff. 7. One meeting with and/or staff in either 'WOrk session or formal presentation to explain and discuss the results oftbe survey. The final presentation or discussion session can be arranged at a time convenient for Board members and/or staff after delivery of the written report. A final written report would be made available within two weeks of this final meeting. . Work Products: . Report of Finrijngs . Frequencies of Responses . Cross-Tabulation Tables I hope this overview sufficiently covers all the information you require. Let me assure you that . we believe we can provide your client with timely and reliable information. We look forward to the opportunity to work with you once again. But, in any case~ best of luck with your efforts. " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128' www.state.netlshorewood . cityhall@shorewood.state.net :MEMORANDUM . TO: Planning Commission FROM: Brad Nielsen DATE: 15 January 1998 RE: Telecommunication Facilities - Policy Statement FILE NO.: 405 (Zoning Code - Part I) . In May of 1996, in response to numerous inquiries from telecommunication carriers, the City began studying the issue of teleconununication facilities, with emphasis on the siting of cellular telephone antennas and towers. The issue was first addressed in a staff report, dated 16 May 1996 (see Attachment I, copied in yellow). The decision which came out of the initial study was that the City's policy regarding cellular and PCS antenna facilities would be to limit them to existing water tower sites, of which Shorewood has two, rather than constructing new, freestanding towers. The City subsequently received applications from two communications carriers to locate antennas and ground equipment facilities on the water tower site located at the Minnewashta Elementary School. The applications were met with considerable public opposition, citing concerns about the proximity of the facility to the school building and playground area. One of the carriers withdrew its application before the public hearing was held. The other carrier withdrew its application having heard the extent of opposition from neighboring residents. Both carriers subsequently located antenna facilities on a new tower structure which was constructed near the T onka Bay water tower (Tonka Bay's water tower was too short to provide adequate coverage). -*'. ~.. PR1NTED O~~ RECYCL:=D P,4PEi1 ... 1/.1 u . . " Memorandum Re: Telecommunications Facilities - Policy 15 January 1998 While the availability of the T onka Bay site provided an alternative for the two carriers that originally made application in Shorewood, we will undoubtedly be faced with future requests from others. Before that happens it is recommended that the City revisit the entire issue, starting with the use of existing tower space, and also considering possible other locations (e.g. commercial zoning districts) in which communications facilities may be located. At the Planning Commission study session scheduled for 20 January, we will briefly review the rules by which cities are bound and begin looking at the Shorewood Zoning map to determine where suitable locations may exist for communications facilities. The Planning Commission may also wish to discuss the possibility of recommending a moratorium while the City formulates its policy and any ZoniJ:1g regulations which may result from the policy decisions. Keep in mind that all the legal advice we have received suggests that this type of moratorium should be limited to no more than three to six months. cc: Jim Hurm John Dean Larry Brown Mayor and City Council -2- '1 ' ...rw 'l/S I./:mos S,B>/UQJeuU!W a>fl!1 UO Al!UnWWO:J /fipUap!Say V' 'S~!lm~ mtnRQ:> 'iJU!l!<lNOJd JO l~lJ~ ~ ~A1nI tt~lIlA\ s~p:u ldo~ 10 '1!qlIl01d lOU fiUqs SlU~ti.m.I~AOiJ '(P)I reqt s~ q:>lIlA\ '9661 JO pe suo!l'B~!ununnOO;)I;)J.. ~ Aq paI~A\sutJ U~ ~Allq suo!lSQllb OA\lls.rg: ~ UO!ssn$!p Sltll10J UO!lllUIlOJlI! iJumdmo:> UJ -l,p~lllpdn ~ S~!A!lOll q:>nS S;)lll{tl~ q~JqA\ ~;) AtK) iJlJ!lSP'~ ~qt Pl.t1OttS . ~ l,~~aI ~ A~ql P{tloqs A\oq os n. l,pooA\aIoqS U! S;)l!S 1~A\01 ~qul<b~ ~J;)ql :iJ.V 'v l,Sl~A\Ol (llUo!l!ppll ~ Ol utJqt Sl~A\Ol ~lllA\ ;)qt 3t\ 01 ~ l! S! 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Sill.. c........ low.... :By Mkhel/e Gregory In coming months, commutLiUes may lose the right to regulate the siting of cellular telephone rowers. just as that industry is emerging 3$a major J$.yer in the larger telecommunicatioosindusrry, The Cellular Tel<<amml.lJ1icariol1$ Indusny Association (erIA) filed a petition with the Ftderal Communications Commission (FCC) last.OeI;ember that asks for federal preemption oflocal zoning poWets over cellular cransmission facilities. This issue of ZDning NewJ aLmsl'O acquaintlota.l planners with the impaas. real and '.~~c::=::"~o:~::::==e:d to provide a. sum.llWy of siting COD$ideratioDL Planners should undemand rhat so~ jurisdictions regulate cellular towers sp<<ifically. while others have regulatiOl1$rhat apply to "communicatiol1towers' generally. Wherever possible, we have tried to cuD ecamples of regulatory tedmiques specific to cellular rechaology. These varying.degrees of specificity also exist ~ the regul.atioas. of maay state communiariol1$ and '"'\ public utilities agencies, Planners should learn their state's J bunr:aucratic mua::ure ud its definition of commutLication cowen befo~ dtafting Joc:al regulatiol1$, Representative$ of the cellular indUStry were also consulted for this.artick. In contraSt to the tone of the CI1A petition. many expressed an capmess to work with APA and.local communities to educate planners aod citizens toWUd the deve1opmcntof safe. fair. and informed regulations. ~e~ded the radio specmun available to the public:in order to make room for budding cellular tdecommu- nkuions reehnology. Through dte mid.-1980s. dte industry workedro develop higber-quality transmission devices, Cellular tec::hnology wasfim marketed to COOSW1lelS in dte form of the car phone. It presented Joc:al pverDlnems with the phenomena ~ ctl1ula.r telepbone antennas and the. toWerS On which they are mowned-rowers that hac:l to be crected. soDle"N'here in the cormn_ty. Unlike grouad-wiredrelcc:ommunications. cellular tec::hnology made itpouib1e for a caBer to and while commu- nicating with 'someone at a conventional ~ or with another mobile user. Cellular rechnoloar. explained in greater I detail below. operates Oft a fixed number of channels that share ~ the same radio waves. As a mobile U$Cl' passes through" cells" that parcel the landscape into a rransmiuing grid. the aller's connectiotl is "patched" from oae eellanrenna to the nen. '.. Twenty y~ later, personalcommuniation services (PeS) ~:~~=~;;~~=:=.~=~o: J January 1993 issue of ~ ~ reponed that cellular technology added an average of 7.300 users per day in 1992, bringing the U,S, toW to about 10 A'1illion, Tbosenwnbers have continued to grow, reaching more than 24 million by the JJ:.. -:>- :.-.- , t_tJ'-. end oflast year. That. in turn, has expanded the number of cellular ttansmission sites to 17,920 last December from JUSt 384 a decade earlier. In response to both the increasing demand for mobile cornmutLication options and a very aggressive lobbying effort by the industry. the FCC opened another portion of the airwaves for indusny use. On March 14. the agency completed the biggest auction in U,$, history. lasting three months and costing telecommunications carriers $7 billion. The airwave rights were divided geographically into 99 licenses that went to commercial mobile radio service (CMRS) carriers nationwide, The licenses were awarded to the highest bidders among a combination of older and newly formed companies. The FCC will auction more licenses later this year to accommodate private mobile radio service (PMRS) c:anitrs, which serve freight transpOrt~. public safety entities, citizens band radio. and ham operators, Tbe newly licensed carriers are already acquiring sites for towers and their accompanying equipment buildings. Where a market exists for cellular commutLications, local government must be prepared to , deal with siting issues, ! The industry's growth ! bas outpaced many local I governments' ability to i understand the impacts of I cellular towers and, I therefore, to properly site ! and regulate them, The I situation is further ! complicated when residents, ... I expressing alarm over the I aesthetic and reported I health-related effects of [cellular rowers, prompt "I hasty. reactionary i regulation, To avoid writing ! bad law. some communities have instituted siting moratoriums until they have ample opportunity to research and formulate regulations that are fair to both the community and the indUStry, Both trends have put carriers on the offensive, Thwarted by local "learning curves" and "regulatory barriers"in their eftOlU to break into new markets. they bave sought powerfUl remedies. The CTIA petition argues that the supremacy clause (scaion 332) of the 1934 Federal Communicatlons.AJ:.tauthomes preemption of state and local regulation of cel1u1ar ~ siting, APA. in a letter to tbe FCC. expressed opposition to such preemption. In March, executive director Micbad Barker told the FCCthat local communities and planners are inthehest position to balance their concerns with the needs of the cel1u1ar industry, The Narional ~ L '. Cimulttj14geJ ceo.J.r ~U1er:.. sJMtio" ,.. I .. izesthmc "';"g imus t"f Exhibit B ,s;: .~. Association ofTdec:ommunications Officers and Administrators, the U.S. Conference of Mayors, the National League of Cities, and the National Association of Counties have &led similar objections. NA.........,ec.....-.Y Low-power mobile radio communication. also known as cellular communicatioQ. is accomplished by linking a wireless network of radio wave transmitting d.evices (portable phones, pagers, or car phones) to the conventional ground-wired communications system (telephone lines) through a series of short-range, contiguous cells that are part of an evolving cell grid. For example, a portable pbone transmits a signal to the nearest cellular antenna. The call is relayed from the antenna to the nelrest land-based telephone line or microwave disb, and then to a central switching computer. From there, the call is sent to its destination. either a land-based telepbone via the land-based line or another mobile communication deviCe via the doBest cellular antenna. Cans can originate or be received from a wireless source becaUBeantennas share a fixed number of frequencies across the cellular grid. In other words, while a caller may dial her destina- tion numberfiom within the radius of one cell antenna, sbe may traVel into the radius of another during the call. The call proceec1s uniQterrupter;las the transmission is "patched" from one antenna tOthenen. While the caller is moving. the cellular antennas are automaticaUy locating an unoc:cupied frequency on the next antenna. dwI enabling continued transmission. When a caller cannOt successfiilly place or maintain a call. either he is out.of range or the nearest antenna is at full capacity. CtJ1ular tower technology differs from satellite, microwave, or land-based communications in that it is based on a netWOrk of short-range cell sires with a fixed capacity. If the cells are norJinkcd by cellular towers, microwave dishes. or ground-wi.n:d toWet'St transmission will fail. Similarly. if a cell is crowded by too many users. it must be "split" into twO cells. eachbavingil$own radius; thus, only the cellular antennas of separate carriers can share space On the same tower. It is physically impossible for a single carrier to deliver service ~ ifirs antennas are not dispersed. Mostloal regulations require that all tecbnicallyavailable space on exisn.ag rowers within the jurisdiction be used before new' towers are erecw4. In other words. cellular carriers must lease space to other carriers on their towers; the cellular industry c:onsiders this leasing arrangement to be a less-than-idea1 solution. As the demand for cellular wecommunications ~ cells ina given area must be subdivided, or additional carriers.mtISt be permitted. to operate there. The end result is the need fOr more towers. ,..... .... Ante__ Toweu may neecito mnge in height from ;0 to 200 feet so . that anteIW& can overcome the challenges posed to commutLic:ations by local topopaphy. The required beigbt is usually propottional to a combination of the distance antennas can cover and the demand within their ntdiw. Higher towers gmerally cover a larger geopphic ~ but have a lower service demand. and are known as cmuage ..Shorter towers. known as capacity sites, cover _Ier.ara.s with a more concentrated demand. Tower height can also vary --~;P$ to engineering requirements for a specific site or the technical capabilities of the antennas being mounted. In addition to dedicated, free..sranding cellular towers (monopoles). tbcteare guyed towel'$ (anchored with guy wires) 2 i and lattice, or self-isuppott towers, wbichhave three or four sides of open-frambd steel supportS. Some cellular antennas can occupy space on other types of communication towers when the engineering is ~ble. This is kn~ as using a donor site to troubleshoot a sm~ gap or dead spot within the grid. A micro- cell or repeater fadlity is installed on a preexisting tower to ensure that transmissions within that area are dear. Antennas can also be placed ~n rooftops and other building features if the building' sheigbt ~ accommodate their service area. In addition. antennas have been mounted on silos, water tanks. windmills, and sm~kestacks. As cellular use proliferates and tbe technology imptovts, the trend toward shorter toWers and less obtrusive mounting fixtures is likely to prevaiL Antennas are of P1tee types: omnidirectional, directional, and microwave. Omni~onal antennas, also called whip antennas, serve a 3<i<J-degree area. Directiooal antennas. also known as pand an~nas or rectangular antennas, are used to achieve transmissioJil or reception in a. specific: direction. Microwave anten~ are.used to link different types of telecommunicatio~ f.u:i1ities, such as when a portable phone user calls a conventional telephone number. ... . ;- ScreenJ..., Lafttlscaping,. .... ....des The most common objection to cellular toWers and antennas is their aesthetic itnpact. Residents. many of whom use the technology. do not want to see the towers cluttering their landscape or degrading property values. Planners and indusny professionals have gone to great lengths to screen, conceal. and ser back towers and their associated buildings. All the ordinances reviewed contain some SOrt of requirement for maintaining existing vegetation or installing landscaping for tbe purpose of screening the base of the rower and the stOrage building. Towers can also be camouflaged to blend with the SUtrounding environment through the use of color. materials. and design. For instance, Jefferson Parish. Louisiana. requires that all cellular toWers be disguised as trees: 1. The entire facility must be a.esthcricaIly and ardUtecturalIy compatiblt: with its environment. The use of ~rial1y compatible materials such as wood. brick, or stUCl:O is required for associated SUpport buildings, which :rhalI be designed to architeaurally match the exterior of rc:sidenrial Structures within the neighborhood. In no case will metal exteriors be allowed for acxcssory buildinp. 2. The tower itself must be of such design and treated with an architectural material so that it is c:amoufbscd to resemble a woody tRe with a single aunk and branches on its upper part. ) Setback distances can be guided by aesthcric and safety concer1U. Most are expressed as a percentage of the tower height. In the Pensacola,. Florida, ordinance, the setback serves a primarily aesthetic purpoae: mhe distance between the base of the. collUDllnicaDoas toWelS and any residential zoning district or any hismrical or architeCtUrally significant building must equal 2Operc:ent of the tower height. Safery-oriented serbacks establish a clear zone for f.a.Uing tower debris or theworsr-<:ase scenario, the tower's collapse. Falling zones for towers vary with their design. At most, they will collapse to a distance equal to their full height, but many are designed to collapse first toward theirhase. The Oldham County. 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I /- ~. .," other tower users in the area, stating their siting needs and/or sharing capabilities in an effort to encourage tower sharing. ApplicantS cannOt be denied or deny space on a tower unless mechanical. strUCtural. or regulatory factors prevent them from sharing. In other words. competing carriers cannot lock each other out of uerritory. The ordinances for Jefferson Counry. Oldham County. Mwmomah County. and Palm Beach County offer derailed examples of sharing provisions and leasing terms. StrII.CtUriI/ Inttgrity muJ Inspeditm. Most ordinances require thar any new or modified towers be cerrified by an engineer ac:cord- ing to strlJ.CtW'a1 standards for antennas offered by either the IDee- tronic Industries&sociation or the Telecommunication Jndustry Association. Inspection schedules seem to vary widely according to the t}'peof tower. as in this provision from Jupiter. Florida: ln$pectiom-The toWn council may require periodic inspections of communication rowers to ensure strUCtural integrity. Such inspecti<m$ may be required as follows: a) monopole toWers-at least oace every 10 years; b) self-support cowers-at least once every five yeatJ; c) guyed towers-e.t least once ev~ three years. Inspections shall be conducted by an engineer licensed by the StI.tl!of Florida. ~ The resu.lts of such inspections shall be provided to.the director ofcommunity development. Based upon results of .aninspection, the town council may require repair or remov:U of a eommuniaWoa toWer. , ~ BUilJingt il1IJ Lot Si:r.es. Cellular tOwers are often accC)mpanied by a small. usually unstaffed StOrage building that houses tranSmitting equipment. Some ordinances treat them as accessory u.seso.r suuaures. while others specifically state that they are not. MOSt ~uire some setback from adjoining property lin.. the required setback is usuallyproponional to the area's.density, Oldham County seeks to discourage more intense use of the sice: {11- f.aci1icies may Dot include offias.long-rerm vehicle stOrage. other outdoor sc:oragc. or broadcast srodios, except for etncrgcncypurposes, or other uses that arc not needed to send or: receive tfansmissions. Lot sizes for cellular sites are usually the minimum for the diStriCt in which they will be built, M~ _ Pllrking. A few ordinances. include standards for facility maintenance and parking. The Mulmomah County ordinance has the most extenSive treatment ofnWnrenanceimpaas: Equipment at a~on facility shall be autOmated to the ~ extent possible to reduce traffic and congescic>n. The applicant shall dCllctibe anticipated maintenance needs. indl.ldingtteqi.lCttcy of service. personnel needs, equipment needs. and udlc. node. or safetyimpaas of such maintenanCe. Where the site abuts qr has access to a collector and local street, , access for mauuena.nq: vehicles shaU be exclusively by means of the coIlcaor street. Parking requiremenb generally do not apply to cellular tower$. For those comthunities that require parking. the provision applies to an overall "communication tower facility" ordinance in which ~ are required only when the equipment building is $raffed. Ligbtiag -. ~ Lighting for communication towers is required when the towclr is tall enough to concern the Federal Aviation Administrario~ (FM). Jefferson Parish acknowledges F M rcgularions and th~' privacy of neighboring property owners: When lig:bring ~ Rq~ and is permitted by the Federal Aviation Adminisuati9n or other federal or state authority. it shall be orient:cd inward SO as nor to project onto surrounding rcsideatial property. Others. in more ~n areas, may require full review and certification of the tOw~ application by their local airport authority. This provisiOn is from Palm Beach County: Prior to tbc site plan q:ttification, the applicant shaU provide documentation that th~ proposed communication tower has been reviewed and is not determined to be a hazard by the FM . . " (via) the Palm Beach q:ounty Department of Airports. . . , The PBCpOA shall review the communication tower application to dcrennine ifir is a ~ to any FM flight. paths. Some ordinances ~ require fencing or signage. Jupiter requires a six..foot safety fence with a locked gate. Jf high volrage is necessary. signs must! be posted every 20 feet. saying. "Danger-High Volta$e." The operator must also post "No T respassinJ" signs.! AINut,J, In Jmt. Most ordinances also restrict the time in which an unused toWer! may stand to between six and 18 months, with some req,uring the toWer applicant to cover the demolition costs. AppliutilJa ~, Perhaps the most telling section of any ordinance is its application requirements, Although some commun,itics do not lisf these separately. doing so lets the applicant know exaaly Iwhat must be provided and indicates how much the commu~ity knows about the impacts of cellular phone rower siring. T1u:se requirements should be clearly stated and not Unpossible to Mfill. Jefferson County offers an excellent caplanation of what it requires from any tower applicant, and its, provi$ions demonstrate serious research by the planning depanment ~ other local agencies. Review of this ordinance and its aa:oQlpanying "Low Power Mobile Radio CommuniQarions Land! Use Plan Addendwo" is recommended for an~ dealing with cellular siring issues, ') ) M.."', ...~I.... Any cdlularcanier seeijng to 1000te in a community is prepared to deal with siring connioversies. Some corporations have even gone so fiu as to pay for! retaining a third-parry consultant to review anything they hatve: helped draft. These firms target sites foracquisirion based o~ their tOpographic efficiency. their accessi&iIity by road. thf availability of electric power and land- based telephone lines. dfleir leasability. preexisting vegetation and screening potential, exisPng zoning, comparibility with adjacent land U$CS, and their abuJty to rranslftitto the largest area. If local governmentS show that they can meet most of these needs .....hile prcseMng their community's aesthetic integrity. health. and safety. they !should be able to avert federal preeJ;npoon of their l~l rights and responsibilities. .---"" ..... :Nlft4. Cellular Facilities: A Survey of...Cu.,.... Zoning Practices By Michelk Gregory with /)quglas MlD"tin L. astJune, Zoning News report~d on gui~elin~~ for siting cellular tOwers ("LocalPlanrung Issues In SitIng Cellular Towers"). The article was based ona handful of ordinances and reP9rtSwe were able to gather from communities that had experience with the issues surrounding cellular tOwers and antennas. Sinqt then. the number of applications submitted to local governments has 111usbroomed to meet consumer demand for various fotmsof cellular communications technology. To finduut how they are handling this challenge, APA cooperated .with the National League of Cities. the U.S. Conference of ... Mayors. the National Association of Counties, and the National Organization of Telecommunications Officers and Advisors to survey their member governments con~ing their cellular facility $itingpolicies. problems. and practices. ........ ,.......SY Currendy. the most widely used technology is cellular phones and paging devices. Bur since March 1995. the Federal Communications Commission '(FCC) has auctioned off 1,900 megahertZ (MHz) of the radio specmun. to new license holders. The country has been divided intO 5 I major trading areas. with tWO licenses awarded in each. With 1110re competition and more money lOr research atld development, the indUStry pioneers promise even greater communication opportUnities. FUturistic television commercials depict an "Ameritech test towa" where customers in a diner try to eat lunch while fiddling with various personal communication system (peS) devices. ..PCS operates on the notion of "follow-me calling." wherein . . conununication is routed to an individual rather than a telephone number via a more sophisticated version of the pager. The receiving end of the system. however. will likely be a voice uanstt'lission device. a fax. a Video. screen, or a database instead of a simple beeper. PCS technology will still be netWorked via cell sires but willoperattat higher frequencies on the electromagnetic specmun. (1.850'tO 2.200 MHz versus 800 to 9ooMH~) and will have smaller radii. than current technology. Industry analysusay the ~tech advertising fantasy is not far off: They estimacethat more than 15.000 cellular towers have been built in the U.s. in the last 14 years to meet the service requirements of more than 25 million customers. They estimate that by 2003 there will be 167 million PeS users. with at least 100.000 cellular towers needed to accommodate this growth. .v....... Law On January 31 "Congress passed the long-debated Tele.:o~unica;tions Re,tOrmAct of 1996. opening even more portions of the radio spearum for PCS licenses. Section 704 (Facilities Sitin~ Radio Frequency Emission Standards) prevents local zoning autboritiesttom arbitrarily banning cellular towers. The act effectively says local governments II cannOt alloW"o~e ~rriet aJci exclude another. bur it also acknowledges their righ~ toCletermine the criteria for siting cellular facilities. However, it aIso bars state and local gove!"!!~~armg 'Such facilities "on the basis of the environmeiltal effects of radio frequency emissions to the extent that such facilities comply" with FCC regulations. The cellular indusrryt lobbied hard for federal preemption of local siting powers. Its argument for federal preemption focused on efficiency: Given the imminent proliferation of cellular phones. pagers. and oth~r emerging PCS technology. all driven by an unrelenting consumer demand. the nation would be better served by nation\lJ standardization of f;lcility siting requirements. Advocate$ claimed such standardization would drastically reduce the ~ount of rime necessary to establish cells throughout the countryl Cellular industry lobbyists Will now ;hift their deregulation campaign to State legislatures. In Vermont, proposed legislation would require local governments to make reasonable provision for cellular carrier transmis- sion facilities or treat them as a conditional use in any district. in effect forcing communities that have not yet dealt with the issue to develop the appropriate provisions. Although PCS technology and the laws regulating it are obviously moving targets, APA has tried to gather information on current practices for siting facilities and on future plans by the indusoy for making them less visually obtrusive and difficult to accommodate. This issue of Zoning News is inten~ as a timely update and companion docU11lent to the June I ~95 article. which remains a good primer on the basics of ~ular communications technology and the issues planners face. I ~~:: ;-~~~!~f' .,"'-;it1.;( 'ii">.. TelecommuniccdiOns Reform Act of 116 . .. Section, 704 .:;. . . ", ,,' if effectively says i~ local govemme"is cannot allow oni f1 carrier and exch.fl:le another, but it af.o 1!.r.! acknowledges t$:tir i bt to detenni& ~."',. 9 Ivolvlns PMctIc. Often. it seems. the cellular industry's own consumers have been among those who object to the visual pollution and perceived electromagnetic pollutioq: that accompanies cellular transmission facilities. This irony po~ a complex problem for planning and zoning professionals. S~fu1 cellular communication can occur only where there is Ian adequate netWork of communication cells webbed together by ~e4"nuclei. the transmission antennas. Industry representatives ~y the cells cannot be installed fitst enough and that local governments' site plan review and approval procedures are log-jammihg the telecommunications revolution. They also suggest that. as Ithe nation continues to shifr from ExhibitC " f_S, Doesyoufconununity ~ or require tower sharing to ~the ~_it is ~yfeasible? _ Yes _ No TtttwlResponses: 199. 154 (77%) replied that they require or "~etower.$haring to cl1e extent that it is technically feasiWe. 4j (23%) replied they did not. 9. WcauWyou~n or oppose federal preemption oflocal ~tower ~staDdards? _ Support ___ Oppose. TfJtitl ~: 212. 1,3 (6%) said they would suPPOrt federal preempQon,.~ 199 (94%) said cl1ey would oppose it. 10. What were tht. ~ns. for denial of cellular toWer applica,tions.? TfJtitl~: 19. Every respondent listed strong oppQ$iti~from adjal:ent residenn.l or business property t>wnet$ as the reas<)n Jor denial. 11. HcawWOtdd,1OU describe the feasibility of cellular tower sitinf,wirhiU ~ ~ty? T_~ 153. Because the responses were anecdotal, weJad .~. anchssigned each one a feasibility rating. Not very r..lble: 36 (24%) quaUned as having "not very feasible" towersiti03 environments. Among the circum~ . ~ we~to be recurrent in this category were: .... . ........ . intense public opposition to visual pollution' .~tense ptAblic\t>pposition to health risks assOciated withcel1ulatteclmoiagy . .presence of an environmentally sensitive area or scenic Overlayd.istncr . rechnitaltYOOt approvable due to outdated regulations . DO land available ror towers, can locate antennas only on existing buildings . multiple ~ and approvals required by different . .' bodies ~ . <permitted in industrial di$trias only .. request for tower too close to an airpOrt environment FaWble: 58 <38%) qualified as having feasible tower sitingen~tS. Recwrent commentS: . ... towers allowed in S0111e but not all distriCts . .!0.. regulations. were still in the process ofbeing updated to a<<ommodate ceIlulat technology . ~pt.lblicaccepW1ce . &vorablt enviroo.ment if zoning for location is met . .iamrablt envitonment.but prefer rooftop installation mdc:ooJocationon existing towers < .' fmttablt environme1'U: if tower is designed to "blend" wicl1 its swroi1ndings . ~ meet landscape requir~rs for the site · '- 6worable environment everywhere except residential ateas Veiy FeuibJe:S9 (39%) qualified as having vet]' feasible ~environments; ~t commentS: . recently a.mended.tegulations to ~mmodate celluiar ~ology . easy. lone as sinHs aesthetically compatible . tpodreJarionshipwith cellular carrier . littll!'or no public opposition has been expressed · proposal and si~eplan in line with local standardsl land..use contrOls . p.rpposing part':'respectSlocal concerns 12. What (if any) are Jour community's cellular tower requirements for t.he~llowing: Height (total respot,ses: 112). Most commonly, height limitations were a 61nction of cl1e district cl1e tower was to be located in or the nensity .of existing development. For building-mounted ~tennas, the height added to a host building was.aJso li~ited in. this way. In many commUl1ities, muUhum height was a function .of cl1e setback possible on tihe lat. regardless .of the district or the density. These tOiWeJf-speciDc height standards were tied t.o the.setback to protet1t adjacent property or property owners from damagI:f that could be caused by a fallen tower. Height restriqtians.in communities that reported these in feet ranged tom 30 to 320 feet. In some communities where ~0111munitywide height restrictions were intended ta ~ntain a small or quaint scale of building devdopm~t, towers had been exempted. In other cases, cl1ey we~ allowed to exceed standard height limits only with a vaJ!iance .or special use permit. Finally. same communities' tl>wer heightS were contingent upon Federal Aviation ~nistration (F M) approval, because towers. would be loca.l:ed near airports or flight paths. Setback (total".,qes: 131). The most common formula for setback was a percentage of the tower height. The most conservativ~ setback reported was 100 percent of tower height plus ain arbitrary additional distance (such as 10.or 20.feet for ~)fro111 the nearest pr.operty line or street. The int~t was to protect adjacent property from damasein cl1e etent of a fallen tower, but it shauld be noted that some to~ are designed ta collapse within themselves rather than topple forward. In most cases. the setback was based. on ~e district's requirements. One respondent had no setback requirements because towers were allowed .only on fUb1ic property such as municipal golf c.ourses or utility easements. Anocl1er had no setback requirement roc the individual lot, but did require spacing of 300 feet from the n~ residential dwelling. Landscaping and ~ (tottd ~.95). The most common respo~ was a requirement roc landscaping.arou.nd cl1~ base .of cl1e structure, with a height and depth ~ for vegetation. Another COmmon response was Ithat landscaping be required for cl1e area fronting residqmw .or commercial property or streets. Somep1aces ~uired landscaping. only for towers locating in residential qistrias. Others required landscaping standards ~o be determined by aZBA or a design review board. A I few required the landscaping of a percentage of the total fot area. For those that had communitywide lan~ ordinances orguiddines in place, very specific ~ (such as shrub type and planting methodology) were ~ A few communities applied tree planting requirements ~ch as "one six-foot tree for every 40 feet of fron.... or ..~ treeS required." 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Electromagnetic radiation is broken into two groups: ionizing and non-ionizing radiation, Radio frequency radiation is non.ionizing, which means it does not possess enough energy to create ions. Ionizing radiation. on the other hand, is capable of altering the chemical srruaure of organic matter. Cellular communi- cations devices and facilities generate non.ionizing radiation. However, there is evidence of a very rare phenomenon that occurs when complex organic mol- ecules with short linear groups of atoms extending off the main molecular body encountersrrong, non..ionizing energy at very high power densities. This rare encounter can cause a frequency resonance to occur. The vibration cawed in- thisresonance can result in molecular alter- ation. H~ this specifically translates into a human health hazard is the subject of much debate among EMF researchers. Until fUr-.her clarity can be provided, the scienti6c community advocates that proximity to higher notl..ionizing radiation sources be controlled where possible. This approach is known as prudent 4tlfJidance. EMFs and the health concerns associated with them r~ the mO$telusive aspects of cellular facility siting. The federal government has adopted no formal standards fo,fwhat is or is not safe. Both private and public organizations and government ~ies have proposed guidelines that limit expomre to nonionizing radiation. These standards can be divided into broad categories: tmisitm stantiards, which ser the limits on the incidental {nonpurposeful) ,.diation emanating from a device: and ~ sta1Uittrds, which set limits on the radiation power. ~nsity to which a person may be exposed. Emission standards limit unwanted leakage from devices such as microwave ovens that should contain the radiation inside the derice or that have shielding to protect operators and others from exposure during normal operation. Exposure SWldards limit exposllre of persons to radiation present in the environment, fur example from a radio transminer. From ~1ichae1 G. Yost, Ntmwnizing RAdiatitm Qwstitms Ilnd A,UWUS (S.&n Francisco Press, Inc., 1988). .. In the meantime, communities nationwide continue to rely on standards set by the American National Standards Institute, as reported in"JEEE Srandardfor Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic .Fields. 3 kHz to 300 GHz" (c.95. I -1992). MO$t responses to this quemon referred. to these Standards, This document is a revision of ANSI's. 1982 srandardsin which they State that "devices .rating on less than seven watts of power at frequencies less than 1,000 MHz will .not cause immediate thermal effects." Cellular mobile phones operate between 0.6 and three watts of poVlel' at ftequenciesbetween 800 and 900 MHz. PCS mobile communicators are anticipaJed to operate on no more than one Watt of pov.-er .at frequencies between 1.850 and 2.200 MHz. &th &11 well bdow the seven-watt threshold. Cellular sires. including monopoles, roof-mounJed antenna sites, at.Id building-mounted antenna sites. emit a maximum of 3,000 watts of effective radiated power or ERP (the power supplied to an antenna multiplied by the relative gain of the antenna in a givendireccion). In comparison, radio broadcasting towers emit roughly 100.000 watts ERP, and television b~dcucing towerumit approximately Eivemillionwatts ERP. The radiation emitted from these broadcasting sources decreases according to the inverse square principle, which states that the ..... . further the distance fro the source, the less potent the radiation. Transmission uality also operates on this principle. For more information on cellular communications technology and the subje t of electromagnetic fields and communication towers, e highly recommend Wireless Communications Faci/hi Issues Paper (San Diego Association of Governments, 1995). Whar were some other c nditions for approval? This section represents assortment of unique conditions for approval that we did not nticipate in our survey design, Common among them w the exclusive acceptance of monopole towers or tran itting antennas that wou,ld be mounted on pre-existing uildingsor structures such as water towers. Still other comm nities listed the exclusive acceptance of guy-wired lattice tower, As mentioned earlier, some communities required F approval when towers were to be located near airports or fli ht paths, in which case strobed lighting was required. On community specifically prohibited any signage or advertising on the site, Some communities also required the use. of a speci c color of paint on the tower, such as light gray or lighr blue, A .ety of special conditions were applied to towers locating in residential areas. A public norice and hearing were often re uired. One communit)" allowed towers in residential distri s only if they were somehow ~ouised as part of an . ting building. Another required proof that the owner had adeq te insurance coverage for any potential damage caused b or to the tower. Yet another required that the applican show a local demand for the technology to justifY its n cessity. The mOSt unusual requirement was for an est mate of the number of vehicle trips per day for the proposed s' te. This may have been the by- produCt of a broader trans ortation impaCt analysis requiremenc for all uses proposed withi a given commercial diStrict. What types of approval p duces were used? This was not a question 0 the survey, but the responses revealed that most commu ities allowed towers with a conditional use permit, second most common approval was via special use permit, Fi y, a much smaller group of communities stated that t ers were allowed by right in some districts but not in others ( oS( notably, residential). For those communities that required approvaIS by more than their planning commission or zo . ng board of appeals, the most frequently mentioned enti es were design review boards, historic preservation board , the F M, and the FCC. Though not reported by these respo ents, we subsequently have heard of community deferral to e decision of a state-level utilities commission or board. Co munities should verify whether this form of approval exists in eir State. Third PanyWIreless Go- Many third-party entities ve stepped in to help facilitate the cellular revolution, Muoici a1 planners and officials often need technical education, legal vice, and negotiating tips while cellular carriers often need. elp scouting and acquiring sites for their transmission devices, me communities, in conjuncrion with the carriers who have proached them, have hired coruultants to fulfill these.n ds. Some of these firms are subsidiaries of the teleco unications companies, and others are independent organizacio that more or less serve the cellularcommunicacions in usrry. FoxFire Communiry .. Planning&: Development i Denver and Unisite in Dallas are two suchorganit.ations. Th bring. a wealth of cellular technology experience .and I nd-use expertise to the table, ., ~ 'IflA\0J2 ~t:pourwOX11101 SAl:M. punos Alf&1U;)WUOJ!AUd pUll AIfIl'S9 ;)JOW iJug>ug 1f!s:l!l!tIDUIUIOj pre 01 S! ~ooq ;)tp JO wre ;)lfJ. 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SUad1lll.l;)q-0~]0 A.tO:3;llll:> P1!ql Y ~ ~: ,_.i .;\.,' , . ,4. .' i<...;(;' ..J V.".C 145 University Avenue West 'League of Minnesota Cities St. Paul, MN 55103-2044 ,....,-~- _.'--:--- - ~ December2~, .1995 TO: City. }4anagers.Ad1Tlmi~tors 1'wil1 Cities Metropolitan Area FROM: Ann Higgins, IGR Representative RB: Site Selection . for Personal Communications Services (PeS) Systems The newest generation of Wireless communication technology is coming to Minnesota and cities Will pay a integral role in its implementation" If you haven't yet heard about personal communications ..~ervicei(PCS), you'aoonwill... .' Two ~, Sprint Telecommunications Venture and American Portable ,Teleeo~nsare preparing to enter-the Twin Cities market. Although PCS is similar to current . celltd8:t'tecbnoloaY,itmust be implemented in a significantly different manner. The new technology will require ~y greater antenna density than existing cellular technology. The siting of these new . anteDDa faeilities. will involve nearly all cities in the seven-county area" Due to the intense pl1t.,ning and siting requirements of this new technology, both Sprint and American. Portable have engaged wireless communications consultants to gather information on local zorlhJg ~. and to evaluate and identify potential sites around. the Twin City area. Last week, ~Staff m.etWitb. representatives of these firms to learn about the technology and to ascertain if the ~'could_iat our members. as this new technology is implemented" sprint.. tepJ:eSented. by SBA which is headquartered in Boca Raton.,. Florida" American Portable ....rreleeornmunicati01l$(APT) is represented by TEA Group, a telecommunications site selection company ,.;{rom AtIUta,. Georgia. .1lle.~ .W1U1tsto assure that cities are favorably positioned to deal with this new technology" The ~WOlIldIke to obtain copies of procedures, specific ZOIIiDgr-equirements pertaining to ~to~ a:acI other relatedte1ecomJDUDicatioDs iDfrastraeture, as well as examples of att'reIItllavdabkt ... ~ Please send that information to the LMC office to the attention of Jea.neu:eBach. Cities with previous experience in siting of microwave, cellular, and other teleco11.lmU1ticatioDs .facilities should.aJso contact me directly to relay yOur city's perspective on these ~ aDdland..usepoliey concetns and willingness to provide information to other cities currently eonsideriJJg requestsforsitinJPCS facilities" If you. are interested in this or other telecomtn1Uli.cations issues, the LMC Telecommunications Task ,Force wm.CODt:i.nue to monitor telecomJnunications--related developm.eJ1tS and provide a forum for diseussiononiSaue$of~ to cities. The next sd1eduIed task force meeting will be held at the LMCot'I'iee fJ:vm 1:00.. 3:80 p.m., OIl Frida" Janu81"119. Attacbment AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Exhibit D lJ281.1200 (800) 925-1122 TDD(612)281-1290 145 University Avenue West St. Paul, MN 55103-2044 League of Minnesota Cities BACKGROUND ON PERSONAL COMMUNICATIONS SERVICES (PCS) . The Federal Communications Commission ha$ awarded two licenses for wireless digital personal communicationsservices(pcS) for much of the north central U.S., including Minnesota, North and South Dakota, as well as poqions of Wisconsin and Iowa. PCS digital communications services are expected. to enhance and compete with current cellular analog phone services. PeS will offer wide- ranging*p&rtable and versatile applications that will enable individuaJB and businesses to use secure, accurate over..the-airpaging, voice, fax, video and data transmission with the advantage of a single phone number available at any location to which the. t:ransm.ission is sent - as long as the signals can be received. FCC auctions of wireless spectrun:1 will continue next March, with the possibility of two more PeS licenses to beaw:arded for Minnesota and other areas in the north central portion of the country. Receiving and transmitting those signals will depend on an extensive infrastructure, with many more sites required for PCS antenna, towers, and smaller repeaters to provide the flexibility and uaiversality'of service necessary for PeS to be fully operational in this area. Many more sites will be required for pes eqWpmentthan the type and number of towers required for cellular communications. \Vith that in mind, cities need to be pr~ to consider local land use, zoning, lease agreements and other site..re1ated.considerations when responding to site selection inquiries and requests. With the.expectation that'increased affordability ofPCS will drive down prices, those working on behalf of new wireless communications providers insist that such services will replace land-line plain old' telephone service (POTS). Cellular phone services may be forced to change over from current analog to digital technology in order to compete. AP, a result, more sites and equipment changes can be anticipated. . In the November issue of the Louisiana Municipal Review published by the Louisiana Municipal .Association (LMA), an article describing the arrival of PeS technology in that state pointed out that the industry will need to build. as many as 100,000 new towers throughout the.country over the next five years. By comparison there are just 15,000 towers in place nationally for celluiar communications. The industry expects there to be as many as 160+ million PCS subscribers by 2003, cOIIlpared with 2S million cellular users. In Louisiana, efforts are underway to identify city property where towers will be located. Using as much public property as possible reduces the impact on neighborhoods and other portions of the community of the larger number of sites required by PeS providers. Co-location ;Usa becomes a serious consideration in efforts to convince providers to place equipment on a single tower, eliminating a .number of sites which would otherwise be required. The city of Huntsville, Alabama bas completed a master lease ~reement to receive 15 percent of the gross lease revel1:ues earned from. use of PeS towers which are available as co-Iocations for other providers. The city also anticipates using the towers for its ownCOO'lmunications systems. Industry . spokesmen indicate that such .facilities can be used. for police .conwunications,.lighting posts for parks and athletic fields and other uses. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER il21281.1200 (800 )925-1122 TDDf612l281-1290 F:lX r312 2S1~129~. , ~ r ; I I I i ~ I I . I i .. , , , . ,'- Li:8IUeJoins NLC petition for reconsideration of FCC prellOempdonof local zoning authority Ann Higgins The ~"basjoined more than 30 otherstate:.municipalleagues in signing the petition fi~ Aprill7 by the National League of Cities (NLC) that requests the Federal CommW1ica- tic>nS CommisSion (FCC).fO reconsider rules that pre-empt most Ioc~ zoning regulation of satellite earth station antennas. for delivery of video pr0- gramming and direct broadcast satellite services. Minnesota cities and other cities nationwide are strongly pt'()teSt:iDg FCC action taken last mondlthat intrudes into 1ocahoning.building code and Other policies contrOlling the . placement of satellite dishes. The League. alOng With NLC. the U.S. Conference of MJyors and the National Association of Counties, objects to rules that make it im~ible for local governments to establish or enforce rules and proce- dures. for instalbltion and siting of the rapid proliferation of satellite dishes. As a result of FCC actions. beginning Aprill? cities are not allowed to restrict installation of satellite dishes with diameters of one meter or less in residential areI$. Cities are also not allowed..t6.tegulatethe insWlation or siting of dishes oftw<>tneters or Ies$ in commercialmd business locations. 'I'biit ruleIQtCescities toapp(t)aCh the FCC to resolve local ~ dispQtes. rathetthanallowing cities to exhal1st jlIdieial~als. The League.qrees .with statements made <Ita pressCOOfe.rence last week by the mayors~fKnoxviHe. 1N and Dearbonl,MI outside the FCC office in WUhington.D.C. Mayor VICtor Ashe and MayorMidlaeI Guido declaRd _.$beh actions by the FCC establish the agency as. "de facto natiOnal roning boItd" that rules on whethe:rto allow me exercise of traditional local auch0rity. Such Nles are unacceptable . and impose costly bU. on local ~yers. It will be extremely coStly for cities to file individual petitions with the FCC to overcome these Nles. April 19, 19% Cities must collectively urge federal policymakers to balance the need for competition and promotion.of new technologies with local interests that seek to enstlre that facility siting and installation is carried out in an orderly manner with appropriate consideration of local weather. structural standards, aesthetics and historic preservation. Comments made by the FCC suggest that their legal advisors.beUeve the federal TelecommW1ications Act of 1996 gives the commission broad powers to pre-empt local authority. In issuing the final rule. the FCC rejected local government and association filings urging the commission to respect local authority and traditional powers. Until the role is stayed by court action or reconsidered by the FCC. cities are barred from regulating installation. maintenance or use of such satellite dishes. All local regulations are presumed to be unreasonable unless a city is gnmted a specific FCC waiver to allow the regulation to go forward. CiteS are therefore prevented from taking my civil. criminal. administra- tive or other legal action to enforce regulation of these satellite dishes until each city petitions the FCC for a waiver of those rules. Beginning April I? , homeowners and businesses will be allowed to install dishes anywhere on their homes, buildings or property (even in historic districts). Wlless the city files a petition with the FCC and wins a waiver. In order to win a waiver. cites must file a petition rebutting the presumption of unreasonableness by showing that local regulations are necessary to accomplish "a clearly defmed health or safety objective, and that the requirement is no more burdensome than necessary to accomplish that objective. .. The far-reaching roles adopted by the FCC were printed in the March 18 Federal Register on page 10896. The rules implement Section 20? of the federal TelecommWlications Act of 1996, which direct the FCC to adopt roles.baning local government actions that obstruct a viewer's ability to receive video over-the-air reception of television broadcast signals. multichan- nel multipoint or direct broadcast satellite programming services. Unless cities can demonstrate to the FCC. on a case-by-case basis. that local regula- tions have clearly defined health, safety or aesthetic objectives in the text of the actUal regulation or that local concerns of a "highly specialized or unusual nature" exist. the FCC fmal order declares that all local zoning. land-use. building, historic preservation or other regulations that limit transmission or reception by satellite dishes or that impose more than minimal costs on antenna users. are pre-empted. The FCC also requires local regulations to carry out such objectives "without unnecessarily burdening" access to satellite services. and fair and effective competition among communications service providers. I" New compost rules proposed JoelJamnik The MinJ1es<)ta Polluti9n Control Agency is proposing a new role regulating the operation of compost facilities. including those owned and operated by cities. Comments on the proposed role will be accepted by the agency until May 22. No public hearing is scheduled. A copy of the pub- lisbednotice and the proposed rules is available from the League fax library. The fax librarY number is (612) 215...:C039 and the roles. are #64030. 1" Exhibit E . . lMc r..-". ",jMmntlflfJfII Cili. C_P'~..l . d'._ 145 University Avenue West, St. Paul, Mi.'f 55103.2044 Phone: (612) 281-1200 · (800) 925-1122 Fax: (612) 281-1299 · TOD (612) 281-1290 April 23. 1996 TO: Manager. Administrator. Clerk Ann Higgins. IGR Representative FROM: RE: Examples of rower/antenna lease agreements Below is.. .ti$ting of cities from whom the League baS either information andIorexamples of cutre1ttorprcvious lease aar~nf$ with cellular. paghlg. PCS or other wireless teleC~mk:ations service providers. Our effort here is to provide you with some general gtlklance on the experience of cities in concluding arrangements to provide public space on water towers or Other city-owned property for tower or.~ facilities. In FebntarY. we initially surveyed cities to learn more about what types of arrangements cities were successful in concluding for the management and siting of telecommunications towers and.~. !tis evident that cities must exercise care to carry out leasing/pricing negotiations to ~ their needs while DOt taking any actions that would raise price-fixing concemson the part of tdecommUnicatiODS companies. ~.oflease tetmS and monthly/annual rents: City Term Payment Bloomington 5 yr. renewable; 2 additional. 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U! 5~i~J-u.."~JO pua alp _ I\\V{ 01U! ~ 1:>V suope::l!u -ll1IItttOO:a{9.L 9661 ~J alp U! U!8lQO 01 :){q8tOU SSil\ A.J1snpu! auoqdQ(81 ( 3tp reql (:>fidW)~ DPU!1n '.. :J!lqna.~ aip wo.g.lJOddns U!I\\ 01 J~S!'1JO!18U 3ql.fioJ:m S;uJS .-po $1 U! ~ ~!A.r.lS Q.l!1\\ Auvdwoo J~.1PI11lUO!83J ~ "3mS 3q1 u! npfAOJd ~3 ~ 1S38.m}aip '1S9A\ 's"n UIO.IJ MA\"'.JO -Slqit!J POOl d1tuew 01. ,u!JOllll1v J!3q1 .01 ~~n'tpf,);u!p v. ~J S3!1!:) . SU1J1B1H uuv AUM.-JO-SlQ3!.I3flQnd a~8U8m 01 Al!.Ioq1ne JB~OI sa~lI.a~q31sa.M. .S~fl 966 I IS l{",nw 6~N' I .. u~la sa!l~ (.. j . ".': ". -' - - .- ~ .; Senate tax bill includes manager cDmpensation.disclosure Joel Janmlk A provision ,of the Senate Omnibus Tax Bill would impose additional requirements for local governments at their annual tax notifation hearings. UQ(ier current law, the hearing must include a discussion of the petee..inctease in property taxes proposed. if any. aDd the speciftc ~f<< 'WtUch property tax revenues are being increased. 'Ihe new provision. added in committee by Senator Linda Runbeck (R-Cin:Je PiRes). states that "at the hearing. infonnation must be presented that separately states the job title and salary of the city clerlcladministrator ormana"i_~h of the uneIected full-time permanent employees of the taXing aatbority at the depamnenthead level paid by the taxing authority for the cutrent year."r- 4M . Fund update AD investment altemative sponsored by the.Uaaue of Minnesota Cities Mat is tlle4M Fund? "'the'4M Fund.is. ~ mc:wJY market fund epecifk:alIy designed to address the COQIPNI'Ii!InsiWe cash.~ needI of Minnesota cities and their instrumentallli BaOkedbv..... ~ of providIngsafety,llquidilyand a competitive yield. 1he Fund is COl1'IpIiHd .Ofthe highest quality, short-term investments allowable under Minlaesota $tlatt.lte$415.66,The stlO1Herm lllItUIeoUtle Fundserves tominimize lheeflectof c::tIange& iniRlereld.....'I'M Fundis managed andsenricedby Insight Inves1mentManagementand MBI~fftvestor$ Service Corpof'ation.A fixed rate program administered by Dain Soswol1h~ /$ available to 4M Fund perticipants, offering SUCh aIlemativesas ~ of depOSIt. U.s. Treasury and &glIIIlC)' securltles arad COR'lm8ICiaI paper. PaIt nates .FeI:lr'uIIty 28 througb MarCh 1, 1986 .DaIe 2126 2121 2128 2129 3101 /ntef8S1 Rate' 4.Bft 4ilMl. 4Ja51l11 4.9lWo 4.84l11l FundA-. MaIuIiIy 18 day$ 15 day$ 22 day$ 29 day$ 29day$ '\ntltfe8t nlblIS..lWItol a118Pf)IicabIe fee$. DlIIiIy intereSt ~ffee cheddng, AuIomatedC!earing House (ACHJ fI8YIIlet1t systems and invelstmem~~ areamongtheseMces CilfteredbytheFund.Forll1llJ8in1OJ'm1ltion. pIeIIIISe C8II .... Adat!n$ Of IrlsigI1t InviIstmel'It Management at (lIOO) 333a13 or {612} 371-1275. u.s. West, C01Idnued from page 1 supported by the National League of Cities and a coalition comprised of the U.S. Conference of Mayors. the National Conference of State Legisla- tures aDd the National Governors Association. In speaking to the amendment on the House floor, Representative Stupak emphasized that regard for local government authority and the importanee of avoiding billions of dollars in unfunded mandates at the local Jevel made it essential that language be inserted in the telecommu- nications legislation to protect local authority to manage the public rights- of-way, The language provides that managing public rights-Of-way is not a barrier to entry. The language was intentionally added to overcome other provisions that would have limited cities ability to manage public rights- of-way. Representative Stupak under- stood that road design. safety concerns, constrUction bonds, insurance, short- and long-tenn road and utility mainte- nance planning, and operations are costly and substantial concerns for local government and must be taken into consideration in the exercise of {ocaI regulatory authority, Cities that have experienced difficulties in obtaining compliance with local right-of-way ordinances by telecommunication service providers are urged to contact the League to discuss the nature of objections raised by providers. and the outlook of the city regarding the need for local authority over use of its rights-of- way. t' LMC Cities Bulletin o ~: . . .; 1201.03 1201.03 (7) For residential districts, one recreational vehicle or piece of equipment may be stored in required front yards; provided, that it is IDeated within an approved driveway, it does not take up required park- ing space as provided in subdivision 5h of this Section, it is currently licens- ed and operable, and it is located no closer than fifteen feet (15') from the paved surface of the street. This provision shall only apply when there is no practical way to store the vehicle or equipment within the buildable area of the lot. d.Where adjacent residential structures within the same block have front yard setbacks different from those required, the front yard minimum set- back shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed that required minimum established within the districts of this Ordinance. Subd. 4. General Area and Building Size Regulations: a. Purpose: This Section identifies general area and building size re- . quirements and exceptions to general height requirements in each zoning district. b. UseableOpen Space: Each multiple-family dwelling site shall contain at least five hundred (500) square feet of useable open space as defined in Section 1201.02 of this Ordinance for each dwelling unit contained thereon. c. Height: - ~r (1) The building height limits established herein for districts shall not apply to the following: (a) Belfries. (b) Chimneys or flues. (c) Church spires, (d) Cooling towers, mechanical and air conditioning equipment when screened from view, (e) Cupolas and domes which do not contain useable space. (0 Elevator penthouses. (g) Flagpoles, (h) Monuments, (i) Parapet walls extending not more than three feet (3') above the limiting height of the building. -:/'1 r .....,' ......' Exhibit H . .> .. 1201.03 1201.03 .. + *' (j)Water towers. (k) Poles, towers and other structures for essential services sub- ject to subdivision 10 of this Section. (l) Television and radio antennas not exceeding twenty feet (20') above the roof. Exception: Ham radio antennas over twenty feet (20') may be allowed by conditional use permit as provided for in Section 1201.04 of this Ordinance, provided that: i. The ham radio must be licensed by the Federal Com- m.unications Commission (F:CC). ii. Construction of the antenna requires a building permit. iii. The antenna must be located within the buildable area of the lot. iv. The antenna must be fenced or so designed as to be dif- ficult to climb. 4)r..(2) The requirements of Minnesota Rules 8800.1200 (Criteria for Determining Air Navigation Obstructions), as may be amended, are hereby adopted by reference. d.No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty five per- cent (25Dio )of the area of such roof nor shall such equipment exceed ten feet (10') in height unless otherwise noted. e. Efficiency Apartments: Exccptfor elderly housing, the number of ef- ficiencyapartments in a multiple dwelling shall not exceed five percent (SDio) of the total number of apartments. f.Minimum Floor Area ~ Commercial Structures: Commercial buildings (principal structure) having less than one thousand (1 tOOO) square feet of floor area may. only be allowed upon approval of a conditional use permit as provided for in Section 1201.04 of this Ordinance, provided that: (1) The structure is built on a lot with a minimum lot area of no less than ten thousand (IOtOOO) square fe.et. (2) Adequate on-site parking is provided. (3) The architectural character of the building is similar in character to buildings in the surrounding area. -- r -' poomaHJf{S Jo 410 EM AmJpOl ~ B~Z ~ ilf!Stm~,.~ P!8S JO ~. Oqt..spuam ~UlO:)Qt 11OdoIS,1~:l ~ .n .~ repuMQS,~~dnp JOllOP -lUOdo pve ~. 01p JOJ l~ ~S V ~ IT'ft1S.~ gu~U\TZ .aql. 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':.;I 1201.03 1201.03 its issuance, the applicant may appeal said decision to the Board of Ap- peals and Adjustments under the rules and procedures as set forth in Sec- tion 1201.05 of this Ordinance. d.Requirements for Conditional Use: All tranS11)ission pipelines (i.e. pipelines DOt required for local distributing network) and overhead transmission and substation lines in excess of thirty three (33) KV shall be a conditional use in all districts subject to the following procedural requirements: (1) Prior to the installation of any of the previous essential ser- vices, the. owner of such services shall file. with the Zoning Admini~trator, all maps and other pertinent information as deemed necessary for the City Council to review the proposed project. (2) The Zoning Administrator shall transmit the map and accom- pattpng information to the City Council for its review regarding the pr0- jeCt's relationship to the Comprehensive Plan and partS thereof. A part of this review shall be a written report from the City Engineer. (3) The City Council shall hold the necessary public hearings as prescribed by this Ordinance for conditional uses. (4) In considering the applications for. the placement of essential services. as. regulated. by this subdivision, the City Council shall consider the advice.and recommendations of the City staff and the effect of the proposed project upon the l1ealtb, safety and general welfaze of the City, existing and. anticipated; and the effect of the proposed project upon the CompreheDsivePlan. Sabd. 11. Signs: a.hzpose: This subdivision is established to protect and promote health, safety, general welfare .and order within the City of Shorewood through the estabti~nt of a. comprehensive and impartial set of standards, regulations and procedures .goveming the type, numbers, size, structure, kx:ation, height, lighting, . erection, use and/or display of devi~ signs or syzrabo.ls serving as a visual communication. media. to persons. situated withill or upon public rights-of-way or properties. The provisions of this subdivision are intended .to encourage opportunity for effective, orderly cnmtnunica.tion by reducing confusion and hazards resulting from un necelSaty aadIor. indiscriminate use of co.",,,,unication facilities. b. Petmitted and Prohibited Signs: (1) Permitted Signs: The following sigDsare allowed without a per mil. but shall comply with all other applicabJe provisions oftbis 0rtJi'IJam-.e: ea) Public signs. 993 City of Shorewood -- ';-. .- fir e. .. ~ 1201.02 1201.02 DWELLING UNIT: A residential. building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, boarding or rooming houses, or recreational vehicles. Subd. S. EARTH SHELTERED DWELLING UNIT: A strUcture which com- plie$ with . applicable building standards and which is constructed so that: a. Eighty percent (80%) or more of the roof area is covered with a minimum depth of twelve inches (12") of earth; and b. Fifty percent (50%) or more of the wall area is covered with a minimum depth of twelve inches (12") of.~ BFFICJENCY .. APARTMENT: A dwelling unit consisting of one prin- cipal room exclusive of bathroom, hallway ,closets. or dining alcove. (Ord. 180. 5-19-86) ElDERLY HOUSING: A dwelling or · group of dwellings where the occupancy is restricted to persons sixty two (62) years of age or older, or which qualifies as "housing for older persons" under the Federal Fair H()USing Act. (Ord. 243, 9-9-91) Subd. . The erection, construction, alteration, or mamtenance 0 u rgrouna or overhead gas, electrical, steam, or water tnmStDission or distribution systems, collection, communication, supply ordi$pOSal systems by public utili~s, municipal or other governmental agencies, but not including buildings. 6. FAMILY: OneorIDOre pe(SOI1S each related to the other by blood, marriage, adoption,or foster care, or a group of not more than three (3) persons not so rel,ated. maintaining a common household and using common cooking and. sanitation facilities. FARM: (See Agricultural Land.) FENCE: . A. partition,. structure, wall . or gate erected as a dividing marker, barrier, or enclosure. FENCE .. BOUNDARY UNE: All fences located within eight feet (8') of a property line. FENCE: INTERIOR YARD: All fences located eight feet (8') beyond a propelty line. mJ.JNG: The act of artificially · depositing any rock, soil, gravel, sand or Other material. FIRE LANE: A portion of a platted or dedicated public right-of-way extending to Lake Minnetonka or Lake . William and as is designated and. numbered. on the Official .ZoDing Map. FLOOD: A general and temporary condition of partial or complete in- undation of normally dry land areas from: 1091 e . \~ ;,r ORDINANCE NO. 150 AN ORDINANCE AMEN'DING ORDINANCE NO. 77 IN THE CITY OF SHOREWOOD An ordinance amending Ordinance No. 77 in the City of $horewood, being an ordinance for the purpose of promoting the health, safety, order, convenience, prosperity, general welfare, by regulation of the use of land, location, area, size, use, and height of buildings on lots and. the density of population in the City of Shorewood, Minnesota. City Council of the City of Shore wood does ordain: Section 1. Ordina...11.ce No.. 77, Section 25, Subd. 3, shall be amended by adding the following: "C. Telephone switching station and accessory communication antenna, provided: 1. That the site shall be landscaped with low maintenance plant materials. 2. That any building shall be of decorative ma.sonry'construction. 3. That the facility shall not interfere with other communication systems. 4. That no signage is allowed. 5. That the facility shall comply with requirements of Section 7 of this Ordinance." Section 2. This Ordinance shall be effective from and after its passage and publication. ADOPTED BY THE. CITY COUNCIL OF THE .CITYOF SHOREWOOD, this Z4tq day of October , 1983. Robert Rascop, mayor ATTE$T: Sandra L~Kennelly, City Clerk Exhibit I . . CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING FOR THE SOUTHSHORE SENIOR CENTER WHEREAS, the City of Shorewood has supported services for its elderly and disable residents via Senior Community Services' Southshore Senior Center with the allocation of Community Development Block Grant funds; and WHEREAS, the City of Shorewood feels that the provision of services for its elderly and disabled residents is of great importance and should be continued. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: That the City of Shorewood recommends to the Consolidated Pool Selection Committee that CDBG funding of Senior Community Services' Southshore Senior Center be continued. ADOPTED BY THE CITY'COUNCIL OF THE CITY OF SHOREWOOD this 9th day of February, 1998. Tom Dahlberg, Mayor ATIEST: James C. Hurm, City Administrator/Clerk Jt8 ~ ~~~a~~ ~~S~~1~~i~~~n:'~~~o~~:ne 541-101~__F~_541~841 BOARD of DIRECTORS John Nelson President February 2, 1998 IIO)~~~U \~' '.='\ :~~ FEB 31998 ~ 1 1 i 8--,Y_ ___ Dwight Johnson 1 st Vice President Laurie lafontaine Treasurer Mayor Tom Dahlberg and City Council Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Peggy Kelly 2nd Vice President Dr. C. (Ike) Njaka Member-at-Large Dear Mayor Dahlberg and Council Members: Senior Community Services requests that the City of Shorewood pass, and send back to us, a resolution favoring a continuation of funding the senior programs that the City has supported in the past. A sample resolution is attached for your consideration. We would like to include the resolution in our application to the Consolidated Pool for the next Community Development Block Grant year. . Francis Hagen Secretary Kevin Krueger Past President Mary Henning Member-at-Large John Boeder Peter Coyle Robert DeGhetto Marty Gurltz Alko Higuchi Gloria Johnson Kathleen Miller Senator Gen Olson Curtis Pearson Neil Peterson Dan Ryerson Mary Tambornlno Leonard J. Thiel Tom T1cen The contact person for our request is our Southshore Senior Center Director, Joyce Flury (474-7977). On behalf of the area seniors who are the direct beneficiaries of the services, our thanks for your continued support of the Southshore Senior Center. We look forward to continuing cooperation between the City of Shorewood and Senior Community Services. Again, many thanks for your support. . PROGRAMS ~e~ Ron Bloch Program Administrator Benjamin F. With hart Executive Director & CEO. . Community Senior Groups & Multi-purpose Senior Centers cc: Jim Hurm, City Manager . H.O.M.E. . Senior Outreach e ^ Unikd 1N:Iv Ag<n<y . . CITY OF SHOREWOOD 5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Pub fie Works ~- February 5, 1998 FROM: . DATE: RE: Consideration of a Motion to Adopt a resolution Accepting Public Improvements for Marsh Pointe Development Attachment I is a letter from the developer's project engineer certifying that the utilities for the Marsh Pointe Subdivision have been completed in accordance to the approved plans and specifications. . These utilities have been tested and are recommended for acceptance by the City Council for the City's perpetual maintenance. This includes the utilities within the public right of way and easements dedicated to the City. This does not include the utilities .that w~re installed to serve Lots 9, 10 and II of Block I (refer to attachment 2). These were approved as private utilities which will be the responsibility of the homeowners association to maintain. Attachment 3 is a warranty bond guaranteeing the public utility improvements for a period of two years from the date of acceptance. Staff is recommending approval of the attach~ resolution accepting public utilities for the Marsh Pointe Subdivision for.. the City's perpetual maintenance. A resolution is attached for your consideration. ~9 A ResidentialCommunity on Lake Minnetonka's South Shore _.I_SChoell & Madson, Inc. Engineers · Surveyors · Planners Soil Testing · Environmental Services I I '" 1 05BO Wayzata Boulevard, Suite 1 Office 61 2-546-7601 Minnetonka. MN 55305-1 525 Fax 612-546-8065 January 16, 1998 Mr. Larry Brown, City Engineer City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Subject: Marsh Pointe Lundgren Bros. Construction, Inc. . Dear Larry: Schoell & Madson, Inc. provided construction staking and periodic construction observation for the public improvements in Marsh Pointe. All testing was observed by Mr. Phil Tipka (WSB & Assoc.) on behalf of the City of Shorewood. Based on this staking and observation, we certify that the improvements were constructed in substantial compliance with the City-approved plans and specifications. Very truly yours, SCHOELL & MADSON, INC. . fl<7:;,rt!/ Douglas A. Stahl, P.E. MN Reg. No. 19584 DAS/cj cc: Mark Anderson, Lundgren Bros. Construction, Inc. . ((jve% 40 (!/ea%j o/En% ...~ =- . - ~- ~. ~ AffIrmatIve Action Equal Opportunrty Emplo~ Attachment l> :q J1' >" en % > 0 ~ ~ > II :t:XJ ;i ;I; =: "(I) - ~ ::I: ~ -0 ~ 0 0 - .. Z r , -f 0- ~ m Z /UiJlU1PVI1V t 1': ! ~ , I . I . I . . " . f . f ~ . . . i . f . . i . . 0 . ~ . . ., . ... . . 0 ., '" n o ;; ... 5" ! i i ......... . . ~ en e,., r-l:i 0) -.- () :;:~ ::: -.,., 0 ~~ III .. 1= ...~ .. n-o f~ ~ !i!! - L..__ '" ~> I . !l' . .... ~ ~~ :. 0.., ;;; ~~ 0 f o. f ;; ~I f , 0- ,., lUi I -@=- nr- - ...Ii> 0) It.E.. ! L. I . c . ,., ~. 0 -...I.. . ~ ..... ~-c Z fIll ! , .. t zz 0 I i I 99 ... ~~ :. HI rlT I I I ... ~z z s-f. f I i ,06t . c -~ () ;. oJ: - t--. !!1 ~&IJ . ! i' I ;;; Ii> l fJ' I 1 ,., I ... I Vl_ I , NOCLAND CONSTRUCTION COMPANY, INC. GENERAL CONTRACTORS ~ SewERS - WATER MAINS - DRAINAGE - EXCAVATION 322 East Fairgrounds Road, P.O. 8ox338 Alexandria. Minnesota 56308 Telephone 320-763-5159 FAX No. 320-763-5197 January 23,1998 Mr. Larry Brown, City Engineer City of Shorewood 5755 Country Cluf Road Shorewood, MN. 55331 Re: Marsh pointe Project Dear Larry: ~ _.~~ ..... '., .0" ...,\IS(r,:" 'Jj p=-- \'-:-7 I~- .,~. .J ,:; f'i .~~~ {} ., ~ i :;; :' .~ -< ~,- ~;=:- We are enclosing the utility work maintenance bond for this project, as per request. If you have any questions, please let us know. Thanks Yours very truly, NODLAND CONSTRUCTION CO. INC. G\ Al Guenther enc cc: Doug StahliSchoel1 & Madson .....-....---- -- ~.....\ -=. : C': \ ;1 i! :,......., '!:! ~.::..~.,~ i; j/ .., . I . . Attachment 3 (INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT) 5-TATE OF COUNTY OF ) ss ) On the day of a Notary Public within and for said county, personally appeared, ,19 , before me, to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and ac- knowledged to me that -he- executed the same as -h_ free act and deed. (Notarial Seal) Notary Public, County, My commission expires CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA ) ss ~UNTY OF HENNEPIN ) .On the 9th day of personaTIyappeared Alvin R. Guenther to me known, who being by me duly sworn, did depose and say: that he resides in that he is the Treasurer ~ of the Nodland Construction Co., February ,19 98 ,before me Alexandria Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corpo- ration; that the seal affixed to said instrument is such corporate seal; that it was so afftxed by order of the board of directors of said corporation; and that he signed his name thereto by like order. ! - - -~-;~~:,~_~'--~ c;yk#t &. U L=-~~l ~::ty~UbliC, :::ota . (Notarial Seal) My commission expires Jan. 31, 2000 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF COUNTY OF On this MINNESOTA HENNEPIN 9th ) ss ) day of February , 19 98 , before me appeared . D. B. Kyllo to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the UNITED FIRE & CASUALTY COMPANY a corporation; that..the seal affixed to the foregoing instrument is the corp~rate seal of said corporation, and that said instrument was signed and sealed in behalf of said corpora- tion by the aforesaid officer. by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, gttdwul' ~ ~ Carver r .......-....~~,,~.--..-~.-....... , ;:.~r;=(. .,::~~ L- '''-:<;Z:n f c. ;::'r~,~ C~'~.'. TV {' _.---~~::~ ~:~~:~!~::: ~? Countv. Minnesota \I 0 t3.ri~tl :5 ~~L \;_f't~. -:.:)mmissicneXD~r::~~ J2'--~.. 3:!.." ........r'",.... -~ ,~= - =. '-.\~, *54092568 II UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS, lOW A MAINTENANCE BOND KNow ALL By THESE PRESEN1S: That we of NODLAND CONSTRUCTION COMPANY, INC. P. O. BOX 338, ALEXANDRIA, MINNESOTA 56308 as PrincipaL and the UNITED FIRE & CASUALlY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized to do business in the state of MINNESOTA as Surety, are held and fumly bound unto CITY OF SHORE.WX)D, MINNESOTA in the penal sum of*Three Hundred Five Thousand Five Hundr9d Ninety-Sev~s!*~B~ ;QQ7 OO****) Dollars, lawful money of the United States of America, for the payment of which, wen and truly to be made, the Principal and Surety _themselves, their and each of their heirs, executors, and administrators, successors and assigns, jointly and severally, finnly ese presents. Signed and delivered this 9th day of Fph"rllnry AD. 19 ~ WHEREAS, the said Principal entered into a certain contract, dated the 16th day of May , 19!11-, to furnish all the material and labor necessary for the construction of Utilities only for Marsh PointeLIC, Shorewood, MN. in confonnity with certain specifications; and WHERFAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work with a period of two years from the date of acceptance of the work under said contract; and .HEREAS, the said UNITED FIRE &: CASUALlY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said Ci tv of Shorewood, MN . as aforesaid; Now, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at hislher own cost and expense, remedy any and all defects that may develop in said work, within the period of two years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period. and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. NODLAND CONSTRUCTION COMPANY, INC. P. ,X 338, Alexandria, MN 56308 //1/ tI~ By . I: Alvin R. Guenther, Treasurer I'R1NOrAL e86'. UNITED FIRE & CASUALlY COMPA1'\JY P.O. Box 73909, Cedar Rapids, IA --(). 13, ~;jJ/~ B. Kyllo ~ 52407-3909 \ i :-l>:.'<~':- .;:<.i \C:" 'JND.2USSb 110-91, tI UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS. IOWA CERTIFIED COPY OF POWER OF A TIORNEY (Original on file at Home Office of Company -: See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY. a corPoration dulY organized and existing under the laws of the State of Iowa. and having its principal office in Cedar RaPids, State of Iowa. does make. constitute and appoint H. ROBERT ANDERSON, OR D. B. KYLLO, OR THERESA M. ANDERSON, DUANE Q. JOHNSON, ALL INDIVIDUALLY. 4600 WEST 77TH 5T 5TE 105 ED~NA MN 55435 of its true and lawful Attorney(s)-in-Fact with power and authority herebY conferred to lawful bonds. unde:takings and other obligatory instruments of similar nature as follows: sign. seal and execute in its behalf all ANY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY therebY as fullY and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FiRE & CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority herebY given are herebY ratified and confirmed The AuthoritY herebY granted shall expire SEPTEMBER 19th 1999 unless sooner revoked. This Power of Attorney is made and executed pursuant to and by authoritY of the following By-Law dulY adoPted by the Board of Directors of the Company on APril 18. 1973. . "Article V - Surety Bonds and Undertakings." Section 2. Appointment of Attorney-in.Fact. "The President or any VICe President. 0' any other officer of the Company, may, from time to time. appoint by written certificates attorneys-in.fact to act in behalf of the Company in the execution of policies of insurance. bonds. undertakings and other obligatory instruments of like nature. The signature of any officer authorized herecy, and the Corporate seal. may be affixed by facsimile to any powerof attorney or special power of attorney or certification of either authorized hereby; sucn siqnature and seal. when $0 used, being adopted by the Company as the original signature of such officer and the original seal of the C;mtpany, to be valid and binding upon the C;mtpany with the same force and effect as though manually affixed. Such attorneys-in.fact. subiect to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their siqnature and execution Of any SUCh instruments and to attach the seal of the Company thereto. The President or any Vice President. the Soard of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE to be signed by its vice. president 19th day of SEPTEMBER & CASUALTY COMPANY has caused these presents and its corPorate seal to be hereto affixed this .AD. 19 9 7 By UAL TV COMP~L A . ANT v;c~,:,~ f .tate of Iowa, County of LInn, ss: On this 19th day of SEPTEMBER 1997. before me personally came JEFFREY A. CHAPIN to me known, who being by me duly sworn. did depose and say: that he resides in Cedar Rapids. State of Iowa; that he is a Vice President of the UN!TED FIRE & CASUALTY COMPANY. the corPoration described in and which executec the above instrument; that he knows. the seal of said corporation; that the seal affixed to the said instrument is such corp orated seal; that it was so affixed pursuant to authoritY given by the Board of Directors of said corporation and that he signed his name there!o pursuant to like authoritY. and acknowledges same to be the act and deed of said corporation. I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY. do herebY certify that I have compared the foregoing coPY of the Power of Attorney and affidavit, and the COpy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORiGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transc:-ipts thereof, and of the whole of the said originals. and that the said Power of Attorney has not been revoked and is now in full force and effect In testimony whereof have hereunto st,;bcribed Company this 9th day of February my naml1e ~d fi e.d the corporate seal of the said 19 98 V- /// (:: . 4jj I",",,,, SHERYL A. McVAY MY COMMISSION EXPIRES '~12~:":: d. :Z~Q My commission ~i). M~UOCf expires MARCH 4 .)& 2000 ,. CERTIFICATION CITY OF SHOREWOOD RESOLUTION NO. 98 - A RESOLUTION ACCEPTING STREETS, SANITARY SEWER AND STORM SEWER IN THE PLAT OF MARSH POINTE WHEREAS, on November 25, 1996, the City of Shorewood entered into an Agreement with Lundgren Bros. Construction Inc. for the development of certain property known as Marsh Pointe; and WHEREAS, Paragraph 2 of said Development Agreement provided for the Developer to construct and install certain enumerated improvements within the plat of said property, which improvements included streets, ~anitary sewer, storm sewers and concrete curb and gutter; and WHEREAS, Paragraph 16 of said Development Agreement provided for such improvements to be subject to a final inspection by the City Engineer; and . WHEREAS, Paragraph 17 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and WHEREAS, the Developer has completed construction and installation of the sanitary sewer and storm sewer, and watermain , and such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications, and WHEREAS, the Developer is desirous of conveying said improvements to the City and the City is desirous of accepting said improvements from the Developer. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Developer the sanitary sewer, storm sewer, and watermain within the platted right of way, excepting the utilities which are considered private utilities which serve Lots 9,10, and 11 of Block 1 as shown in Exhibit A), in the plat of Marsh Pointe. 2. That the Developer shall cause a maintenance bond to be furnished naming the City as obligee for the full cost of the sanitary sewer, watermain and storm sewer to be in effect for a period of two years from the date of acceptance hereof. 3. That the irrevocable letter of credit shall be reduced in the amounts associated with the construction of public utilities and streets, excepting landscaping, monumentation, and $750.00 for televising of the sanitary sewer. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 9th day of February, 1998. Tom Dahlberg, Mayor . ATTEST: . , t 1 i 1 l .~. James c. Hurm, City Administrator t t . . .,I, (: I : I I I f I I I I I I E1 I I 01 '" I 2 I .. I \ S' \ \ \ J/ ~r ~m ~i jl ------" V 11Qllfx:t/ ::' ~ ~ ;;; ,.., .... ~... '-Z CD ....9 () :;:~ :: ...... 0 ~~ m . . J: ...~ It ~~ I: ~~ . 1:= CI ,.,Ul CD !. 0 ~"'C Z ~~ :. ~z z -~ 0 ~UJ . CIl "" o .., .. 1!? ;;; . ,.., ... Ul i i ~ ....... --. . . . . . . . . . . . . . . . . . . . . o ~ ., ~ ~ rn ~ 0. % ~ ~ 3: >- II :t:rJ ~ ~ =: "en - ~ :z:: ... ~ " ~ 0 0 ... - Z -f m ... o ., 4 . '\ '\ \ ------~ \ -., '\ '\ ./ ~/ 1 I ~ --- i ~r O"tl !i!! - L..._. ii I! I . t -~ ~> ..... f o. f ; f1 . i' 0.., lUr I I .i I '.110. l! L I' -@- 0- _ ..L c: or- fI"1 ~ I ! . . ,., _ is r.1.- r t zz u'1 I I I pp tr.r I I l . "I ; f r;r 1--; I t I I - Subject: Near accident at Orchard Circle Date: Tue, 03 Feb 1998 11 :08: 19 -0600 From: Doug Miller <dougmiller@title-l.coIn> To: cityha11 @dorthy.state.net Please forward a copy of this message to all members of the City Council and the Mayor. On February 2nd, 1998 around 8:40 a.m. my son was nearly killed by a large flat bed truck owned by S.J. Ritzer Exc., Buffalo, MN. While the neighborhood children and some parents were waiting for the Minniwashta school bus, a very large truck carrying a large piece of machinery turned into Orchard Circle. Despite the fact that there were children everywhere, the truck proceeded into the Circle scatterring children and parents. Meanwhile, my 3 year old son was standing on the corner snow bank, off the road, frozen in fear because the truck's trailer was bearing down on him. The truck took the corner so poorly, that the rear wheels of the trailer came within a couple inches of the street sign and travelled all the way up the corner hill nearly approximately five feet from the road. My wife, Laura Miller, saw the peril my son ~:as in and was able to run and pull him further up the hill just before ~~he truck's rear wheels travelled where he had just been standing. The trailer missed both my wife and son by about one foot. The truck continued on into Orchard Circle as if nothing had happened. .~ My neighbor, Dr. Erick Englund, who witnessed this horrible scene, stepped up on the running boards of the truck to speak to the driver. He asked the driver if he had seen the little boy standing on the corner. The truck driver indicated that he had seen him. Dr. Englund then asked the man if he realized that had the woman not grabbed the boy at the last instant that his truck would have run him over. The driver started to roll-up his window. Dr. Englund asked if he even cared. The driver said no, rolled up his window and backed his truck accross Eureka Road without knowing if there was anyon-corning traffic. He backed into the Eiden Development. Although we have called the police, I don't believe all the responsible ~arties are being addressed. I called S.J. Ritzer Exc. and spoke with a ...:oman who represented herself as the owner of the company. She said that the man driving the truck was the President of the company. She also told me that she knew of nothing prohibiting them from driving into Orchard Circle. The City of Shorewood has allowed this Eiden/Dahlstrom development to continue despite flagrant violations of the building permits, development contract and other abuses. They have received numerous warnings. At what point is the City of Shorewood going to step in and do something. Pull their permits, investigate their activities, demand compliance and penalize them for abuses. These people don't care about Shorewood, why should you give them any special treatment. The fact that they're still operating is "special treatment," Lets get a little a tougher on these folks. Let's pull they're permits, lets investigate further some of they're actions and inactions, Make them take responsibility. Make sure that people like this truck driver are not hired and that all of the construction personnel are properly advised to keep out of Orchard Circle. Right now, I'm sure that the Eiden/Dahlstrom team believe they can do anything they want without repurcusions. Let's show them that they can't. doug miller 25525 Orchard Circle Shorewood, MN 55331 1* loA . J Message on the Shoreline on January 6, 1998: Hi, this is Joyce Holcomb on Smithtown Road, 474-4768. I just wanted to make a comment about your/our new shelter we did in Freeman Park. I am glad we did that and hope we will have some tables in there, over there by the child's play area. But you know what, there really is a need for one in the other place, between Kelly Field and Keeler Field. . Those parents, and I am not one of them but I see them every day, they are so hot watching those games. There is no shade in that spot. You know that big open area between the two fields and there is a lot of room there. You could put another one there nicely, it could be even twice as big. That is my first comment. And I walk there every day and I would love a place to sit down for a few minutes with some shad~. There is no shade over there at all. It is just hot as the devil in the middle of the summer in the middle of the summer. . The second thing is, there is a picnic table in the park, not the one where you fll'St walk in on the path but further on in and it is blue, and it has been broken for two years, and it is in the woods. I can show you where it is. And it is broken right in the middle of it, maybe someone hit it with an ax, but that was like three years ago. And I think it would be just fine if you would repair it this winter and put it back in place. If you want me to meet you there, I will show you where it is because it is kind of in the woods and in the trees. I know people used it the first few years we lived out this way and then they stopped because you can't use it any more. My number is 474-4768 if you have any comments on either of these things. . I t $ID~' . CKNO 22375 22376 22377 22378 22379 22380 22381 22382 22383 22384 22385 22386 22387 22388 22389 22390 22391 22392 22393 22394 22395 22396 22397 22398 22399 22400 22401 22402 22403 22404 22405 22406 22407 22408 22409 22410 22411 22412 22413 22414 22415 .. CHECK APPROVAL LISTING FOR FEBRUARY 9, 1998 COUNCIL MEETING CHECKS ISSUED SINCE JANUARY 28, 1998 TO WHOM ISSUED PURFa3E US POSTMASTER FEB. NEWSLETTER POSTAGE ANCHOR PAPER PAPER G.L. CONTRACTING AMENDED FINAL PAYMENT #6 ALAN ROLEK SEC 125 REIMB US WEST COMMUNICATIONs/ADVERTISING LAWRENCE NICCUM STRAW BALES-SNOWMOBILES DAHLHEIMER DIST; BEER PURCHASES DAY DISTRIBUTING BEER PURCHASES EAST SIDE BEVERAGE CO BEER'MISC PURCHASES HONEYWELL PROTECTION QTRL Y MONITORING LEEFBROS. MATS MARLIN'S TRUCKING FRBGHT QUALITY WINE & SPIRITS L1QUORIWINE PURCHASES US POSTMASTER ADD'L FEB. NEWSLETTER POST. PERA FEB. PERA LIFE INSURANCE MEDICA FEB. HEALTH INSURANCE HEALTH PARTNERS FEB. HEALTH INSURANCE LEAGUE OF MN CITIES FEB. DENTAL INSURANCE MINNESOTA MUTUAL LIFE FEB. DISABILITY UNUM LIFE INSURANCE FEB. LIFE INSURANCE AFSCMECOUNCIL 14 FEB. DELTA DENTAL CITY OF TONKA BAY FEB. RENT-TB L1O/L1Q LIABILITY GRIFFIN COMPANIES FEB. RENT-L1Q I TOWLE REAL ESTATE CO FEB. RENT-L1Q II US POSTMASTER PARK POST CARD PERA PERA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID AFSCME COUNCIL 14 UNION DUES MN DEPT OF REVENUE STATE TAX WITHHELD LAWRENCE BROWN MILEAGE/PARKING KATHLEEN HEBERT SEC 125 REIMB DEPT OF PUBLIC SAFETY BUYERS CARD UQ/WINE NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE US WEST COMMUNICATION CITY OF WA YZAT A-MOTOR VEH. FORFEIT. VEHICLE REGISTRATION BELLBOY CORP. LIQUOR PURCHASES BELLBOY BAR SUPPLY MISClSUPPL Y PURCHASES EAST SIDE BEVERAGE CO. BEER'MISC PURCHASES Page 1 AMOUNT $474.68 310.13 4,307.15 100.00 2,039.60 40.00 519.40 1,392.05 9,116.05 103.25 26.20 90.40 866.71 65.28 45.00 5,223.75 3,188.06 587.02 94.50 89.60 224.00 1,173.00 7,236.00 3,590.45 457.92 3,066.47 1,373.07 929.00 156.50 145.25 1,425.57 23.34 192.30 20.00 1,887.08 52.65 195.12 9.00 3,122.03 331.67 6,174.30 CKNO 22416 22417 22418 22419 22420 22421 22422 22423 22424 . . AMOUNT 111.20 $56.85 9,252.32 7,174.24 1,103.25 36.80 435.50 3,408.12 3,211.95 CHECK APPROVAL LISTING FOR FEBRUARY 9, 1998 COUNCIL MEETING CHECKS ISSUED SINCE JANUARY 28, 1998 TO WHOM ISSUED FLAHERTY'S HAPPY TYME CO. GTE DIRECTORIES GRIGGS, COOPER & CO. JOHNSON BROS. LIQUOR CO. LAKE REGION VENDING MARLIN'S TRUCKING PAUSTIS WINE CO. PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS PlJAF03E MlSC PURCHASES ADVERTISING LIQUOFWIINElMISC PURCHASES L1QUORtWlNEPURCHASES MISC PURCHASES FR8GHT WlNElBEER PURCHASES LlQUORIWINE PURCHASES L1QUOFWIINElMISC PURCHASES TOTAL CHECKS ISSUED Page 2 () () (;~ T- (;- ~. ?: () C) ?< () ~;\ l;~ ...,..' .'~'- '" . ~~'. L ':.,1 "(.;1 /. t~ r. r. ., r. .'-.-," I,) '....' '....1 ":::' t,':~ ()l.? 1M ()r!.) i;~ () ~' f.) 6" ~:s ~38 1M I;'()T':' I.? t., ~:s .' ~:; (:I?: l.!S ~ ,?t;.o (;~~ () ., ~. 1:;- l. 8 ., C)~~.~~ ()() .. ()i~ 00"T09 - c:5B2 ! ;... ~! "! I' -; ". 1 .~, ! f'..i'rt...!CF::.: r-..! () ~~i !.,!:J f",~ (", ~-j ';;;' T ./ T ~:; ~,..! ~:.) t~.-1 l t:-, -f.;; ?:"1:: NIW(]~ 8IH~S8nS SN()IJ.V~3d d08~l SNO]'~.I.l3~H08~~ ~W~_.~W~W :::~ +i' -f;.. ::r .:~' ~ .. ., .......... d~~S :~!O(:Jd "l,:;:'1] -! r'.lOSi')HO C' . . . 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