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101496 CC Reg AgP f[" ... . . . ~ .. CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, OCTOBER 14, 1996 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Benson Shaw McCarty Mayor Bean Stover B. Review Agenda 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes September 23, 1996 (Att.-#2A Minutes) B. City Council Work Session Minutes September 30, 1996 (Att.-#2B Minutes) 3 . - Motion to approve items on &: Adopt Resolutions Therein: CONSENT AGENDA Consent Agenda A. A Motion to Adopt a Resolution Approving a Lot Combination and Resubdivision (Att.-#3A Proposed Resolution) Applicant: Mark Sass Location: Lots 10, 11, 12; Block 11; Minnewashta Manor B. A Motion to Approve a Contract for Services with Abdo, Abdo and Eick to Audit Financial Statements for the Year Ended December 31, 1996 (Att.-#3C Proposed Contract) C. A Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits (Att.-#3D LMCIT Excess Liability Coverage Form) D. A Motion to Adopt a Resolution Amending Public Hearing Dates and Times for Watermain Assessments for Project Nos. 95-14, 95-15 & 95-16 (Att.-#3E Proposed Resolution) 4 . FLOOR (Presentations are limited Council action will be taken.) MATTERS FROM THE to 3 minutes. No 5 . Report by Representative PARKS Report on September 24 Park Commission Meeting 6 . PLANNING Report by Representati ve ..... ... . CITY COUNCIL AGENDA - OCTOBER 14, 1996 PAGE 2 OF 2 7 . 7 : 45 P . M . PUBLIC BEARING REGARDING CONCEPT AND DEVELOPMENT STAGE PLANS - WATTEN PONDS P . U . D. 5370 &: 5340 EUREKA ROAD A Motion to Direct Staff to Prepare Findings of Fact Regarding Watten Ponds P.U.D. (Att.-#7 Planner's Memorandum and Attachments) 8 . CONSIDERATION OF MOTIONS REGARDING PROPERTY LOCATED AT 25565 SMITBTOWN ROAD (Att. -#8 Letter of Request) A. A Motion Regarding Safety Concerns Related to Abandoned Property B. A Motion Regarding Request to Abate Charges Levied 9 . CONSIDERATION OF A MOTION REGARDING AN APPEAL TO NOTICE TO REMOVE (Att.-#9 Planner's Memorandum) Appellant: John Morrissey Location: 5115 St Albans Bay Road 10. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT AND SUMMARY ORDINANCE TO SECTION 802 SNOWMOBILES (Att.-#10 Proposed Ordinance and Summary Ordinance) 11. CONSIDERATION OF A MOTION TO APPROVE A STREET CLOSURE FOR BIKE SAFETY TRAINING (Att. -#11 Letter of Request) 12. ADMINISTRATOR &: STAFF REPORTS 13. MAYOR &: CITY COUNCIL REPORTS' 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (At t . - # 14 ) ~. , ~ .. " . 1 .-' .'. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 Executive Summary Shorewood City C'ouncil Meeting Monday, October 14, 1996 Agenda Item 3A: At its last meeting, the Council directed staff to prepare a resolution approving Mark Sass' combination and subdivision of four substandard lots on Minnetonka Boulevard into two lots which conform to current zoning standards. The resolution approving the combination is included in the packet. Please note that easement documents must be attached to the resolution prior to recording. ~ Agenda Item 3B: The City's auditors, Abdo, Abdo and Eick, have submitted an engagement letter to perform the 1996 financial audit. The letter proposes a fee of $9,595 for the audit, a 2% increase from 1995. Staff recommends the Council accept the proposal of Abdo, Abdo and Eick and authorize the Mayor to sign the engagement letter. Agenda Item 3C: This motion takes care of a housekeeping matter which is done annually. It accepts liability coverage limits of $1,000,000 and does not waive the monetary limits on tort liability established by Minnesota Statute. Agenda Item 3D: This resolution amends prior resolutions and re-establishes the dates and times of the assessment hearings for the 1996 water system projects. Agenda Item 7: Having received a recommendation from the Planning Commission for Concept and Development Stage plan approval and approval of wetland and drainage plans from the Watershed District, Abingdon Development returns to the City Council with a proposal to develop 10 lots on the west side of Eureka Road, just north of Valleywood Lane. Since the Council's earlier direction to the Planning Commission was to process the request as a P.D.D. zoning district, a second public hearing must be held by the City Council. Staff and the Planning Commission have recommended a number of conditions which go beyond traditional zoning requirements. After discussions with Council members, additional conditions will be discussed at the meeting on Monday night. After the public hearing, the Council should direct staff to prepare a findings of fact. Any approval of the request requires four-fifths vote of the City Council. Agenda Item 8: Ms. Carlson has submitted a letter requesting action regarding her property be tabled until she is able to be in attendance. Staff will provide a verbal status report of the property conditions at the meeting. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Meeting of October 14, 1996 Page 2 of 2 Agenda Item 9: John Morrissey has appealed a notice to remove brush from his vacant property at 5115 St. Albans Bay Road, alleging that it is a wetland conservation area exempt from the requirements of Chapter 501. Staff points out that no such exemption appears in 501, and that Chapter 11 02 (Wetlands) prohibits filling and placement of artificial obstructions within wetlands. The Planning Director recommends that Public Works be directed to clean up the site if the owner fails to do so within 10 more days. Agenda Item 10: The enclosed draft ordinance incorporates Council's suggested amendments. A new section has also been added to address the possibility of using a park facility for snowmobile training. Agenda Item 11: Council is being asked to allow the closure of a portion of Smithtown Road for a bike safety training. The City Engineer has indicated concerns in a memorandum. If this request is approved, specific directives should be given to both the host of the training session and staff. .. . CITY OF SHOREWOOD REGULAR CITY COUNCn.. MEETING MONDAY, SEPTEMBER 23, 1996 COUNCn.. CHAM 5755 COUNTRY ( 7:30 P.M. DRAFT MINUTES 1. CONVENE CITY COUNCn.. MEETING Mayor Bean called the meeting to order at 7:33 p.m. explaining the Work Study Session which had been scheduled at the conclusion of the meeting had been canceled. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director Al Rolek and Engineer Larry Brown. . B. Review Agenda McCarty moved, Stover seconded to approve the agenda for September 23, 1996. Motion passed 5/0. Mayor Bean introduced Officer Jeff Keller of the South Lake Minnetonka Public Safety Department who recently replaced Officer Brian Flaherty as the Shorewood patrol officer. 2. AFPROV AL OF MINUTES A. City Council Regular Meeting Minutes September 9, 1996 . Benson moved, Stover seconded to approve the City Council Regular Meeting Minutes of September 9, 1996, as amended on Page 3, Item 8, Paragraph 1, Sentences 4 and 5, change to read, "Ms. Carlson explained the tenant, Mr. Fox, had expressed a desire to rehabilitate the property and bring current his payments, however, he failed to do so." Page 3, Item 8, Paragraph 1, Sentence 7, change to read, "Ms. Carlson stated had she received any notice with respect to the property, she would have attended to this matter. She apologized for any problems created by this property." Page 4, Item 8B, Paragraph 3, Sentence 3, change to read, "He stated it had not been anticipated that sump pump charges would become burdensome." Motion passed 5/0. B. City Council Work Session Meeting Minutes September 9, 1996 Stover moved, Shaw seconded to approve the City Council Work Session Meeting Minutes of September 9, 1996 as amended on Page 1, Item 2, Paragraph 4, Sentence 1, change "usage" to "licensing and the size of licenses;" Page 2, Paragraph 1, Sentence 4, change to read, "She expressed her opinion if the City is going to spend money on #~A REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 2 building trails for hikers in the City, perhaps a location other than adjacent to the LRT could be found." Motion passed 5/0. C. City Council Work Session Meeting Minutes September 16, 1996 McCarty moved, Shaw seconded to approve the City Council Work Session Meeting Minutes of September 16, 1996 as amended on Page 2, "Mandatory Hookup," Paragraph 3, Sentence 4 amend to read "residential" facility; Page 3, Paragraph 3, amend to read, "by virtue of municipal water availability." Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for September 23, 1996. Benson moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion to Approve an Extension to October 9, 1997 of a Conditional Use Permit Applicant: Location: . Jerry Grewe 4550 Enchanted Point B. A Motion Adopting RESOLUTION NO. 96-88, "A Resolution Approving a Garbage Hauler's License for Waste Technology Inc." Motion passed 5/0. 4. MATTERS FROM THE FLOOR Theresa Zerby, 5680 Christopher Road, presented a petition for safe streets which is in support of an off street hikinglbiking trail along Smithtown Road. Ms. Zerby explained 120 Shorewood . adult residents signed the petition. In addition, a children's petition was circulated in recognition of their importance as Shorewood citizens. Sixty-five children signed the petition. Ms. Zerby requested the Council consider the fact the traffic along Smithtown Road will only increase in the future. In addition, she expressed concern with respect to the safety of the road and hazards created by children walking and biking to school. Mayor Bean expressed appreciation for the time and effort put into this undertaking. He directed the matter be forwarded to the Park Commission for their consideration, noting street right-of-ways are an issue which will need to be determined. Mayor Bean noted that although there is support from a number of neighborhoods throughout Shorewood, a significant number of people signing the petition are from within the immediate Smithtown neighborhood. Ingrid Schaff, 25605 Smithtown Road, addressed the Council with respect to the proposed snowmobile ordinance. She asked the Council to consider that less than 5 percent of the ~ . REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 3 population of Shorewood has a registered snowmobile in the household, yet the trail, city streets and lake access points are often open to anyone who can gain access. Ms. Schaff pointed out the City has spent thousands of dollars to survey its citizens, yet she felt the City was ignoring some of the most compelling conclusions. In addition, City law enforcement officials have routinely stated that enforcement of any snowmobile related violations is difficult, if not completely impossible. Ms. Schaff noted most snowmobile riders are good, law abiding people, however, there exists a minority of riders who ignore property rights, are loud and arrogant, and pose a danger to themselves as well as to others. Scott Zerby, 5680 Christopher Road, thanked the Council for their efforts with respect to Badger Park. Mr. Zerby expressed concern for the safety issue surrounding Smithtown Road. He recalled an investigation had been planned with respect to creating a school zone around Minnewashta Elementary School. In addition, Mr. Zerby had expressed an interest in the placement of additional speed limit signs along Smithtown Road. He offered to pay for the sign as a donation to the City. Mr. Zerby also suggested a sign indicating children at play could be appropriately placed on Smithtown Road. . Mayor Bean inquired if the speed limit signs were posted by MNDOT or the City of Shorewood. City Engineer Brown explained the City has the authority to establish a school zone around Minnewashta Elementary School. He stated he would request direction from the Council on this matter. Brown further noted enforcement would also need to be addressed. City Administrator Hurm noted he had met with the school principal with respect to safety concerns in the area. Brown explained there had been a number of requests for cross walks in front of the school, however, he would not want to give children a false sense of security without adding a beacon or adequate patrols to those cross walks as well. . Mayor Bean asked Officer Keller if additional speed limit signs would have an affect. Officer Keller noted signs are sometimes stolen and would suggest verifying all signs are in place. Mr. Zerby noted the speed limit sign on County Road 19 is placed such that it is somewhat obscured. Engineer Brown stated staff will investigate the issue of the speed limit sign and look for areas of improvement. Councilmember Stover requested the sign with respect to children at play be investigated as well. Mr. Zerby also expressed concern as a bicyclist that maneuverability is impeded by the lack of shoulder on the road. Mayor Bean commented the City must first establish how much right-of- way the City has and where additional right-of-way may have to be acquired. 5. PLANNING - Report by Representative Commissioner Turgeon addressed the Council and reviewed the matters considered and actions taken by the Planning Commission at the September 17, 1996, meeting (as detailed in the minutes of that meeting). ., REGULAR CITY COUNCIL MINUTES SEPTEMBER 23,1996 - PAGE 4 A Motion to Direct Staff to Prepare Findings of Fact Regarding a Lot Combination and Resubdivision Applicant: Mark Sass Location: Lots 10, 11, 12, Block 11, Minnetonka Manor Planning Director Nielsen reviewed the matter in detail. Mr. Sass was present and noted he would like to construct one home this fall. Councilmember Stover felt it was to the benefit of everyone that substandard lots are combined to be conforming. Stover moved, McCarty seconded directing staff to prepare a resolution approving a lot combination and resubdivision for Mark Sass, Lots 10, 11, 12, Block 11, Minnetonka Manor. Motion passed 5/0. Mayor Bean commented this would create some more affordable opportunities within the neighborhood while taking off the records the original platting which called for 50-foot lots in this . particular area. He felt this would be a positive step. 6. CONSIDERATION OF A MOTION APPROVING AN INVESTMENT POLICY Finance Director Rolek explained a draft investment policy was being presented for Council review. Rolek explained the reasons for a written policy is to set clear written guidelines and parameters for an investment of City funds, to be certain the City is complying with state statute and it assists the City with its credibility with bond rating houses who are looking for policies of this nature by cities. Mayor Bean suggested with respect to "Pooling ofInvestments," the policy read "cash assets for all City funds may be pooled," as opposed to "is pooled." Additionally, Mayor Bean noted the actual portfolio does not get reported with any frequency. Rolek explained it is included in the quarterly report, however, more frequent reports could be provided. Mayor Bean suggested an . investment component to the quarterly reports discussion. Rolek commented this will be added to the "Internal Controls" provision of the policy. McCarty moved, Benson seconded approving the Investment Policy with the additions as noted. Motion passed 5/0. 7. SNOWMOBILE TASK FORCE REPORT A. A Motion to Accept the Report and Give Direction to Staff Regarding Implementation Planning B. Review of First Draft of Snowmobile Ordinance Amendment Mayor Bean summarized the Work Study Sessions of the Council and the general discussions which were held. REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 5 Councilmember Stover suggested the Council could accept the documents and acknowledge the intent to implement those parts of the documents the Council is in agreement with. She acknowledged the amount of time and energy put into the report by the Snowmobile Task Force noting she would prefer not to make policy decisions too rapidly. Councilmember Stover referred to the ordinance which was presented and noted 13 items in conflict with each other in its present state. She further pointed out some parts of the ordinance require a decision be made. Mayor Bean pointed out some of the policies relate to State control issues. Administrator Hurm noted the ordinance is a draft, however, in terms of implementation of the recommendations, it is important to determine if there are any Task Force Recommendations which Council is not in agreement with. Councilmember Stover stated she would prefer to clarify the conflicts within the ordinance prior to adding to the ordinance. Mayor Bean suggested some determinations could be made with respect to general policies and a study session utilized to address the issue of rewriting the ordinance. . Mayor Bean pointed out there are some policies over which the City does not have control. He felt input could be provided to the State with the suggestion that changes be made. Mayor Bean stated regardless of the direction the Council ultimately takes, there will be issues with respect to enforcement. The ordinance will need to be clearly defmed and the police department notified of the Council's intentions regarding enforcement. Mayor Bean stated the Task Force report makes specific recommendations with respect to curfew which he felt the Council could immediately adopt. He noted there had been discussion with respect to various speed limits and recalled the Council had decided that would be very difficult to enforce and that a speed limit should simply be agreed upon. .' Mayor Bean further pointed out with respect to noise abatement, there is currently an ordinance governing this and questioned whether anything could be done in addition. He stated the ordinance will need to clearly define what will be done in that area. Mayor Bean noted a number of safety issues. He recalled the Council had reached concurrence at this point in time that they were not prepared to ban snowmobiles from the city entirely. A decision will need to be made whether to allow snowmobiles on the trail or on a side trail within the same corridor and in what context that would be. In addition, lake access will need to be further evaluated. Mayor Bean suggested with respect to the education recommendations of the Task Force that staff be directed to begin formulating a tentative plan of implementation. Regarding the use of carbide studs, Mayor Bean did not feel the City has any control over this and pointed out the snowmobiles come from the factory with studs and if it were a significant issue, the snowmobiles would probably be banned from the streets. .. REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 6 Mayor Bean suggested accepting the report as presented and recommended pursuing the implementation of the recommendations in the areas of enforcement, curfew, speed limit, noise, safety, the LR T corridor usage hours, education, and the length of the season. Councilmember Shaw noted this to be December 1st to the end of March. Mayor Bean noted the usage hours recommended are 7:00 a.m. through 10:00 p.m., Sunday through Thursday, and 7:00 a.m. through 11 :00 p.m. Friday through Saturday. Mayor Bean stated the two areas to be revisited are the LRT and the Timber Lane lake access. He felt the Council would need to build as much consensus as possible on the issues with which they are in agreement. Councilmember Stover pointed out there is a strong minority opinion with respect to the Timber Lane access and felt both sides of the issue need to be reviewed. Mayor Bean asked Officer Keller for the policy utilized by Tonka Bay and Excelsior with respect to the trail. Officer Keller noted Tonka Bay does not have a snowmobile ordinance, however, state statute has been applied for snowmobile enforcement. Excelsior does not allow snowmobile use on the LRT. Council did not express concern with the Crescent Beach access. . Mayor Bean suggested staff obtain feedback from Tonka Bay relative to the use of Timber Lane and Crescent Beach. Councilmember McCarty was in agreement with this. Mayor Bean stated lake access issues will be addressed separately after staff has contacted T onka Bay to ascertain their plans with respect to those lake access points. Administrator Hurm indicated if the Council needs to spend more time on the issue of corridor usage and would decide to hold public informational meetings, it would be unlikely this could be implemented this year. Mayor Bean commented he would like a neighborhood open house discussion to see how people feel about a side trail. Councilmember McCarty pointed out a decision would first need to be reached on whether snowmobiles will be allowed on the trail. Councilmember Stover felt this would be a primary issue to be discussed at a work session. Councilmember Stover noted the public may be interested in informational meetings to receive . input. Mayor Bean suggested contacting residents along -the corridor and discussing ideas of what would be involved and getting their reaction. In addition, Mayor Bean did not feel the issue of a side trail would be decided this season. Councilmember Stover noted her agreement. Bean moved, Benson seconded accepting the Snowmobile Task Force Report as submitted, directing staff to prepare an implementation plan which implements the recommendations attendant to the policies outlined in Pages 10 through 22, specifically in the areas of enforcement, curfew, speed limit, noise, education and snowmobile season, excepting the recommendations regarding the LRT corridor or usage thereof and the lake access points at Crescent Beach and Timber Lane; directing staff to identify a plan of neighborhood involvement and notification with respect to the usage of the regional trail corridor and obtain information from Tonka Bay relative to their usage of the corridor trail. Motion passed 5/0. Mayor Bean scheduled a work study session to review the snowmobile ordinance on Monday, September 30, 1996, at 7:30 p.m. He further suggested some of the neighbors be invited to a REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 7 following work session. Councilmember Stover noted two issues for the study session would be consideration of the ordinance and how to best obtain information from affected neighbors. Mayor Bean recessed the meeting at 9:24 p.m. and reconvened at 9:36 p.m. 8. POLICY ON HOOKUP TO MUNICIPAL WATER SYSTEM A. A Motion to Adopt a Resolution Regarding Policy on Hookup to Municipal Water System Mayor Bean reviewed this matter noting this is an outcome of a work study session which was held. Stover moved, Shaw seconded adopting RESOLUTION NO. 96-89, "A Resolution Regarding Policy on Hookup to Municipal Water System." Motion passed 5/0. B. Review of First Draft of Ordinance Amendment Section 903.05 Regarding Private Wells . Mayor Bean pointed out the ordinance provides private wells may be constructed or maintained if the property owner so chooses as long as the two water systems do not co-mingle, which is State statute. Councilmember Stover stated for further clarification, she would like to include that there is no requirement to hookup, noting a personal well may be drilled rather than hooking up to municipal water. Councilmember Shaw pointed out this covers two issues. Councilmember Stover suggested "private wells may be constructed or maintained and continued in use. If connection is made to the City water system, there can be no means of cross connection." . City Attorney Keane suggested amending the language of the ordinance as follows, "may be continued in use whether or not connection is made to the municipal water system. In no event shall there be a means of cross connection between the private well and the municipal water system." The Council was in agreement with this amendment. Benson moved, Stover seconded accepting the ordinance as amended. Motion passed 5/0. 9. ADMINISTRATOR & STAFF REPORTS A. Engineer's Report on Kate Lynch-Bix Mailbox Engineer Brown explained he did coordinate with the contractor and the contractor has indicated a cash settlement has been sent to Ms. Lynch-Bix. B. Engineer's Report on Naomi Carlson Driveway at 25565 Smithtown Road ,. REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 8 Engineer Brown reviewed the photos taken prior to the watermain construction and noted there was no private entrance to Ms. Carlson's property on Smithtown Road. However, the City did negotiate a new location for the driveway and progress has begun to build that on Smithtown Road. C. Report on 1/1 Grant Program Engineer Brown explained the report in detail noting the City of Shorewood has been selected to participate in this grant program. The funds will be utilized to complete a feasibility study to detect and reduce infiltration and inflow. Administrator Hurm noted staff researched the Suburban Rate Authority and was unable to locate information with respect to Shorewood's participation in the Suburban Rate Authority. In speaking with other city administrators, Hurm did not fmd a compelling reason for the City to join the Suburban Rate Authority. 10. MAYOR & CITY COUNCIL REPORTS . Mayor Bean announced that the Alzheimer's Association will be sponsoring the 3rd Annual Alzheimer's walk on Saturday, September 28th at 9:00 a.m. in an attempt to raise funds for Alzheimer's research. 11. ADJOURNMENT Shaw moved, McCarty seconded to adjourn the meeting at 9:55 p.m. subject to the approval of claims. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial . ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR <' . ~ CITY OF SHORE WOOD WORK SESSION SEPTEMBER 30, 1996 COUNCIL CHAMBERS 5~5COUNTRYCLUBD~ 7:30 P.M. MINUTES 1. CONVENE WORK SESSION MEETING DRAFT Mayor Bean called the meeting to order at 7:28 p.m. A. Roll Call Present: Mayor Bean; Councilmembers McCarty, Shaw, and Stover; City Attorney Tim Keane; City Administrator Hurm; Shorewood Officer Keller; Snowmobile Task Force Co-Chair Kolstad (arrived at 8:00 p.m.); Intern Jason Hendrickson. . Absent: Councilmember Benson B. Review Agenda There were no changes to the agenda as noticed. 2. DISCUSSION OF THE PROPOSED SNOWMOBILE ORDINANCE . City Attorney Keane prefaced the discussion noting format and style changes had been made to the ordinance. He stated ordinance 802.02 had been retitled from "Operation on Streets and Highways" to "Operation Generally" to reflect more clearly where snowmobiles can be operated in Shorewood. With respect to Ordinance 802.01, Officer Keller felt Subd. 14 which relates to the hiking and biking trail was redundant and could be included in another area. Attorney Keane felt it could be deleted. Attorney Keane pointed out the defmitions of the terms "boulevard" and "right-of-way" had been changed to make them consistent with the code. Mayor Bean asked if the full right-of-way width should be defined in the event a side trail would be used. Attorney Keane clarified the LRT right-of-way, which is the full width of the Hennepin County Regional Rail right-of-way, and then a subset of that is the LRT trail which will be defmed as that 12-foot maintained portion. Councilmember Stover did not want to confuse the issue with the potential of some future action. City Attorney Keane felt it was sufficiently defined and noted it is clearly defmed on all of the legal section maps as the HCRRA right-of-way. Mayor Bean asked if Officer Keller would have any problems with the definition of plow ridge and if this would create any enforcement difficulties. Officer Keller felt the definition was sufficient, noting however there could be some problem with defining a melting plow ridge. ~~B '> CITY COUNCIL WORK STUDY SESSION SEPTEMBER 30,1996 - PAGE 2 fro Officer Keller pointed out in Section 802.03 it states that no person shall operate a snowmobile in the roadway. He felt street and highway would cover the entire roadway and that roadway was a more specific term to use. Attorney Keane felt Section 802.01 Subd. 13 should read,"The entire width between boundary lines of any right-of-way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic." 802.02 OPERATION GENERALLY Mayor Bean inquired with respect to public waters over which Shorewood would have jurisdiction. Councilmember Shaw suggested adding the approval of the LMCD as well as the City of Shorewood. Subd. 1, Section (b) was amended to read as follows: b. Public waters as permitted by resolution of the LMCD or the Shorewood City Council, but not closer than one hundred fifty feet (150') to the shoreline except when entering or exiting the public waters traveling in a line perpendicular to the shoreline. . Councilmember Shaw suggested dividing Subd. 1, Section (d) into two sections. Subd.1, Section (d) was amended to read as follows: d. On Right-of-Way subject to the limitations set forth in this section. e. A person operating a snowmobile in any part of the City of Shorewood except as provided herein shall be guilty of a misdemeanor. With respect to Subd. 2, Officer Keller did not feel this provision would be realistic, noting it would not be legal to drive a snowmobile to the gas station. Attorney Keane clarified the snowmobiler must be coming or going from a permitted snowmobile use area. Snowmobile Task Force Co-chair Kolstad noted it was not the intention of the Task Force to change the original ordinance which did not allow for riding freely on the streets. Councilmember Stover did not feel . unenforceable provisions should be contained in the ordinance. Attorney Keane did not feel this provision would be unenforceable. He noted a snowmobiler must access the lake by the shortest possible route. Officer Keller felt a number of complaints would arise with respect to hampering the station owner's business if he is directed to ticket people getting gas at one of the service stations. Councilmember Shaw pointed out the gas station could be considered enroute, depending on where the snowmobiler is coming from. Mayor Bean stated he would be inclined to drop this section until cruising becomes a problem at which time a cruising provision could be added. Officer Keller asked to be allowed to use discretion in enforcement of the ordinance. Councilmember Stover was in agreement to leave this section out of the ordinance. Councilmember Shaw felt it would be important to have a cruising clause ready to implement. Councilmember McCarty preferred to leave this provision in the CITY COUNCIL WORK STUDY SESSION SEPTEMBER 30,1996 - PAGE J ordinance, using officer discretion. Councilmember Stover was in agreement to leave it in with the understanding the police officer would have discretion with respect to enforcement. With respect to Subd. 3, Section (c) Mayor Bean suggested the provision provide for "both pedestrian and vehicular traffic." City Attorney Keane pointed out this section is verbatim from the state statute. In considering Subd. 3, Section (e) Councilmember Shaw inquired if snowmobilers are required to have their lights on at all times. Officer Keller noted all snowmobiles must be equipped with lights, however, the lights only have to be on a half hour before sunset to a half hour before sunrise. Councilmember Shaw pointed out the ordinance does not point out they have to be operated, only equipped with lights. Attorney Keane pointed out a snowmobile cannot cross streets or highways at any time of the day or night without the lights being illuminated. Section (e) was amended as follows: . e. The crossing is made with both front and rear lights illuminated. In reviewing Subd. 5, an issue arose with the pedestrian being required to move to the right. Kolstad pointed out this was a compromise which was made by the Snowmobile Task Force. Councilmember Stover commented one goal is to educate people and the trail is used by pedestrians all year. She stated there is no known goal to educate pedestrians to move to the right. Mayor Bean suggested an indication that pedestrians cannot intentionally attempt to impede the path of the snowmobile. Councilmember Stover suggested deleting the reference to the pedestrian being required to move to the right to allow the snowmobile to pass. Attorney Keane asked if it would be the intent of the Council to limit the speed of snowmobiles on the lakes to 10 miles per hour. Subd. 5 was amended as follows: a. No snowmobile shall be operated on any street or highway or closer than 150 feet of shoreline of public waters within the City at a speed exceeding ten (10) miles per hour. . b. No snowmobile shall be operated on the LRT Trail at a speed exceeding twenty (20) miles per hour unless the snowmobile is within thirty (30) feet of a pedestrian at which time the operator shall be required to slow down to ten (10) miles per hour. Officer Keller explained it is department policy to stay off the lakes for safety reasons and enforcement then becomes an issue for the DNR. In considering Subd. 9, Councilmember Stover suggested deleting the language "or for the purpose of turning around." She felt this could be left to the officer's discretion. A suggestion was made by Snowmobile Task Force Member Arnst to change the language, "leaving the trail," to "exiting the trail." Subd. 9 was amended to read as follows: Subd.9 No person shall operate a snowmobile on the shoulder of the LRT Trail or in the ditch or embankment, except for the purpose of entering or exiting the trail. CITY COUNCIL WORK STUDY SESSION SEPTEMBER 30, 1996 - PAGE 4 When considering Subd. 10, Snowmobile Task Force Member Arnst pointed out the Snow Patrol does not believe they have the authority to stop snowmobilers. Councilmember Stover stated she did not feel the Snow Patrol has that authority. Mayor Bean asked if the stopping of snowmobilers should be limited to the police officer only. Councilmember McCarty felt the Snow Patrol should be out there speaking to snowmobilers and keeping them informed. No amendments were made to this subdivision. 802.03 MANNER OF OPERATION With respect to Subd. 4, Officer Keller suggested deleting "on a public street or highway" since a rigid tow bar should be used anywhere and not limited to use on streets or highways. Subd. 4 was amended as follows: Subd.4 So as to tow any person or thing except through use of a rigid tow bar attached to the rear of the snowmobile. . In considering Subd. 5, Attorney Keane noted the A Scale is a scale of measuring noise which is accepted in Minnesota Statute and Minnesota Rules of the Pollution Control Agency. Councilmember Stover wanted to know if the industry had made any improvements in this regard since one of the major objections is the noise produced by snowmobiles. Kolstad stated the 78 decibels was in the state statute, however, most snowmobiles do not exceed that level. No changes were made to this subdivision. With regard to Subd. 8, Councilmember Shaw noted this should also apply on streets or roadways and suggested deleting the language, "on the LRT TraiL" Therefore, Subd. 8 was amended to read as follows: Subd. 8 Abreast of another snowmobile except when overtaking and passing another snowmobile. No passing shall be allowed if a pedestrian is within thirty feet (30') of the snowmobile. . In considering Subd. 9, Councilmember Shaw asked the prOVISIon clearly state where the property owner may travel with respect to the LRT. Subd. 9 was amended as follows: Subd.9 At any location outside of the LRT Trail within the LRT Right-of-Way, unless the Operator's property abuts to the LRT Right-of-Way and travels in a perpendicular line from the property owner's property line to the LRT trail. 802.04 EQUIPl\1ENT With respect to Subd. 4, Kolstad felt this prOVISIon should appear earlier in the ordinance. Officer Keller noted when the officers refer to equipment violations, they generally look under the "Equipment" provision of the ordinance. CITY COUNCIL WORK STUDY SESSION SEPTEMBER 30, 1996 - PAGE 5 Change the last sentence of Subd. 4 to read, "The lighting equipment will be illuminated at all times when the vehicle is operated." Any reference to hours of operation was deleted. 802.05 APPLICATION OF OTHER LAWS 802.06 PERSONS UNDER CERTAIN AGE Kolstad commented this is inconsistent with state statute, however, Hurm pointed out as long as it is more restrictive, it can be included in the ordinance. 802.07 LEAVING SNOWMOBILE UNATTENDED Councilmember Shaw felt more appropriate wording could be used. Attorney Keane suggested changing the language as follows: . "Every person leaving a snowmobile in a public place shall lock the ignition and remove the key from the snowmobile." 802.08 CHASING ANIMALS FORBIDDEN 802.09 LITTERING AND OBSTRUCTIONS 802.10 ENTRANCE TO LAKE MINNETONKA . Councilmember Stover asked this provision be removed because she did not feel access points needed to be identified in the ordinance. Hurm pointed out this matter was to be referred to the Planning Commission for their consideration and recommendation. He felt it would be more appropriate to wait for input from the Planning Commission. Mayor Bean suggested the Council come back to this issue with provisions with respect to public access to all of the lakes. Section 802.10 was stricken. 802.11 VIOLATIONS No changes were made to this section, however, since "802.10 was stricken, this section now becomes 802.10. Mr. Woody Love was present in the audience and asked for an opportunity for public input. He inquired, as a homeowner, what was going to be different this year than any other year. Mayor Bean stated this is a Work Study Session and the Council would not be in a position to give that guidance this evening. 4. ADJOURNMENT Shaw moved, Stover seconded to adjourn the Work Session Meeting at 9:36 p.m. Motion passed 4/0. ~ . . CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION APPROVING A COMBINATION AND RESUBDIVISION OF REAL PROPERTY FOR MARK SASS WHEREAS, Mark Sass (Applicant) has an interest in certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Lots 10, 11, and 12, Block 11, Minnetonka Manor"; and WHEREAS, Applicant has applied for a combination and subdivision of said properties to form two new parcels. legally described in Exhibit A. attached hereto and rp.ade a part hereof; and WHEREAS. the combination and subdivision requested by Applicant complies in all respects with the Shorewood City Code; and WHEREAS. the application was reviewed by the City Planner. and his recommendations were duly set forth in a memorandum to the Planning Commission. dated 3 September 1996. which memorandum is on fIle at City Hall; and WHEREAS, the application and the Planner's memorandum were reviewed by the Planning Commission at a regular meeting held on 3 September 1996. the minutes of which meeting are on fIle at City Hall; and WHEREAS. the application was considered by the City Council at a regular meeting of the Council held on 23 September 1996. at which time the Planner's Memorandum and the recommendations of the Planning Commission were reviewed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the two parcels of property legally described above be combined and subdivided to form two new parcels. legally described and shown in Exhibit A. 2. That the City Clerk furnish Applicant with a certifIed copy of this resolution for recording purposes. 1. 3 . That the Applicant record this resolution. together with the drainage and utility easements legally described in Exhibits B and C with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of October 1996. Robert B. Bean, Mayor A1TEST: ~,/!4, James C. Hurm, City Administrator/Clerk f . ! -~ -~ :. - ,,'-':::1 it ~ if=:o: ._ ;. ,~!! i'-- !;i"1 f7 ! ,_-J ~ \'--;l!!;: 1/ i\f/'i:::='/-.. i '-:' '. - c:::: I 'I ~"U' ~.~-!fl;l , ; -:- I ,/ 'iJ 11..- I - /f 10/'1'"_ t'..;} :t, t. - ....... 'Ii! ....V(.l if I ;::) II../If ~-~. l..J'j . --~ AffX) September 25, 1996 CERTIAED PUBLIC ACCOUNTANTS AND CoNSULTANTS Honorable Mayor and City Council City of Shorewood Shorewood, Minnesota This letter will commn our understanding of the services we will provide for the City of Shorewood for the year ended December 31, 1996. We will audit the general purpose fmancial statements of the City as of and for the year ended December 31, 1996. . Our audit will be made in accordance with generally accepted auditing standards and government auditing standards and will include tests of the accounting records of the City of Shorewood and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. -. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confmnation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the fmancial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. :\-fember of American Institute of Certified Public Accountants Private Com;:::anies Practice Section : ~ ::.4..57 HICKORY STREET. seITE ,,12 i'C_ 3()\ lJ60 .:. '".~7:"". \liS:\E5(1T.\ ~"._x:.>, 2:~ EAST ?EARL .:iTREE; ?(). ::!c\ :..'i 'l:"~T.-"\'..:... \i1\"E~C'!:-\ '"'"" ...: ';~:::7:-:l.-\:-'D ?!.....:.,z..:.. -+tab -". ~.~.: ".'7:-: ~~::- ~- ~ . . City of Shorewood September 25, 1996 Page Two AID) ~ CERTIAEIl Pt:RUC A/.Ull0iH"T> ANn CONSULTANTS We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your fInancial statements, but the responsibility for the fInancial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. Our audit is not specifIcally designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our preliminary estimates, the fee will not exceed $9,595 for 1996. The estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If signifIcant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, ABDO & EICK ertified Public Accountants ~ fA. ()!;Io Jay M. Abdo, CPA Minneapolis Office e e- LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LMCIT EXCESS LIABILITY COVERAGE Cities obtaining excess coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory liability limits to the extent of the excess coverage purchased. This decision must be made by the city council. CmES PURCHASING EXCESS COVERAGE MUST COMPLETE AND RETURN TIllS FOR..~ TO LMCIT BEFORE THE EFFECTIVE DATE OF TIlE COVERAGE. For further information. refer to the accompanying memo. City officials may also want to discnss these issues with the city anomey. The City of accepts excess liability coverage limits of S from the League of Minnesota Cities Insurance Trost. Check one: The city DOES NOT WAIVE the monetary limits 00. tortJiability established by Minnesota StatUtes 466.04. -OR- The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04. to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. Date of city council meeting: Signature: Position: Return this completed form to: Berkley Risk Services. Inc. 145 University Avenue West St. Paul. MN 55103-2044 L'viCITAl'P_31 (1/96i PAGE 2 OF 2 #3C CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION AMENDING PUBLIC HEARING DATES AND TIMES FOR WATERMAIN ASSESSMENTS FOR CITY PROJECT NOS. 95-14, 95-15 AND 95-16 WHEREAS, the Shorewood City Council adopted Resolutions 96-81, 96-82 and 96-83 setting dates and times for the assessment of watermain construction costs for City Project No. 95-16,95-14 and 95-15, respectively; and, WHEREAS, it has become necessary to amend the dates and times of such public hearings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1.) The dates and times for the public hearings for the assessment of project costs as set forth in Resolutions 96-81, 96-82 and 96-83, respectively, are hereby amended as follows: . a.) Project No. 96-16 Smithtown Road (Eureka to Country Club) Water System Improvements - Wednesday, October 30, 1996, at 8:00 p.m. b.) Project No. 96-14, Eureka Road Water System Improvements- Wednesday, October 30, 1996, at 7:00 p.m. c.)Project No. 96-15, Smithtown Road (South Link) Water System Improvements - Wednesday, October 30, 1996, at 6:30 p.m. 2.) All of the public hearings will be held in the Council Chambers at Shorewood City Hall, 5755 Country Club Road, Shorewood, MN. 3.) The Clerk shall give mailed and published notice of such hearings and assessments as required by law. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 14th day of October, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator .#=3 D . . . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, SEPTEMBER 24, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES DRAFT 1. CALL TO ORDER Chair Martin called the meeting to order at 7:32 p.m. 2. ROLL CALL Present: Chair Martin, Vice-Chair Colopoulos; Commissioners Puzak, Dallman and Bensman; Council Liaison McCarty; Administrator Hurm. Also Present: Christine Lizee Later Arrival: Commissioner Wilson. Absent: Commissioner Trettel. 3. REVIEW AGENDA Administrator Hurm requested that item #10, "Revised Tournament Policy" be deleted from the agenda to allow for time for discussion and input at the October Park Foundation meeting. There was a consensus to table this subject until the next Commission meeting. 4. APPROVAL OF MINUTES Bensman moved, Puzak seconded to approve the Minutes of the August 27, 1996 meeting as presented. Motion carried 4/0 with Martin abstaining. 5. MATTERS FROM THE FLOOR There were no matters from the floor. 6. COMMISSIONER REPORTS A. Trail Survey Results - A summary of the trail survey results was presented and reviewed by Administrator Hurm. He highlighted several figures and possible interpretations of their meaning. It was noted that overall, about 2/3 of respondents supported off street trails. Copies of two recent petitions in support of an off street hiking and biking trail along Smithtown Road were also distributed. They had been presented to the City Council at their September 23 meeting by Shorewood residents and were signed by 120 Shorewood adults and 65 children. Vice-Chair Colopoulos said that this certainly adds support for trails and that one factor could be the possibility of reduced school bus service to Minnewashta Elementary and the concern for safety. He added that it seems that people do not really understand the trail plan and that the Park Commission needs to communicate more about trails. Hurm clarified that the survey and this discussion is really about off street trails only and not the designated on street routes. . SHOREWOOD PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 24, 1996 PAGE 2 of 3 B. Trail Capital Improvement Program Scheduling - Vine Hill Road Request _ Commissioner Puzak asked if the issues of right of way need to be addressed ftrst, and if the Park Commission should delay any action. Hurm stated that the City Council will not take action until these issues are settled, but that the Park Commission can make its recommendations in the mean time. It was agreed that the position of the Commission should be made known. The point was also made that the Council directive was to survey the community and then respond with a plan. Now with the added input from the petitions, it seems that there is reasonable support to proceed with a recommendation. Bensman moved that the Park Commission recommend to City Council that the trail capital improvement program proceed according to the priority outlined in the original trail plan - page 11 (plus the addition of the Vine Hill request which adds whatever needs to be done on Covington Road to complete the segment), and that the improvements be included in the CIP for 1997 to be implemented as soon as right of way questions can be answered. Colopoulos seconded. There was discussion about the inclusion of the Vine Hill Road segment and complications . it may add. Colopoulos stated that it is still important to proceed, especially with the concern about school transportation. Puzak pointed out that the value of a trail along Smithtown was there even before the busing/safety issue entered into the picture. All agreed that the trial plan makes sense for the community. There being no further discussion, a vote was taken and the motion passed unanimously. C. Snowmobile Task Force -Council liaison McCarty reported that the City Council accepted the report of the Snowmobile Task Force recommendations and that a Work Session is scheduled for Monday, September 30 to discuss the ordinance. 7. PROJECT UPDATES A. Projects - Hurm distributed a report which identiftes remaining projects to be done and the scheduling for completion. He also noted that the play equipment at Badger has been . installed thanks to several volunteers from the community. It still needs to be framed in and ftnished off. B. Play Structure Signs - Five wooden signs for the remaining play structures are on order and will be stored over the winter for a spring installation. 8. DISCUSSION OF FREEMAN CONCESSION TRAILER FOR 1997 Hurm stated that the real question to answer is whether a permanent structure is still wanted for Freeman or not. He added that some people are convinced that it will be profttable and others who are not sure would like to see a trial run for one season with a trail or. The track record of the existing concession stand at the south end of Freeman is not an indicator since it is centered around and operated by one sports organization. There was discussion about stafftng options and costs plus hours of operation that would be the most cost effective. One idea also considered is to bring in a vendor and charge a percentage of their sales and get a feel for the response from park users and sports organizations. It was agreed that there is a need and a market for food sales of some type at Freeman, but that it would be best to start out with a temporary service. . . .~ SHOREWOOD PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 24, 1996 PAGE 3 of 3 Commissioner Wilson suggested that a subcommittee be formed to do research on vendors and concessionaires. Puzak added that a request for proposal is the way to approach it and added that he is willing to be involved. Bensman will join Wilson and Puzak to explore options and report back to the Park Commission. 9. GOAL STATEMENT FOR PARKS - FINAL CLARIFICATION The goal statement for the comprehensive plan as approved at the August 27 meeting is as follows: The Park Commission goal is to guide the development, implementation, and maintenance of Shorewood's recreational system. The recreational system, consisting of parks and a multipurpose trail network, shall provide the community and neighborhoods with safe, attractive, and diverse recreational facilities, and a designated trail system. The statement was brought up for review because of a question as to the need to include the last five words (shown above in italics). The commissioners agreed that it sounded more correct to end after the word "facilities". Bensman moved to strike the last five words of the approved Park Commission Goal Statement because of redundancy. Colopoulos seconded and the motion carried unanimously. 10. REVISED TOURNAMENT POLICY Tabled until the next meeting of the Park Commission. 11. ESTABLISH NEXT MEETING DATE The next regular meeting of the Park Commission will be on Tuesday, October 22, 1996 at 7:30 p.m.. 12. ADJOURNMENT There being no further business, Colopoulos moved and Bensman seconded to adjourn the meeting. Motion passed unanimously and the meeting adjourned at 8:40 p.m.. RESPECTFULL Y SUBMITTED, Connie Bastyr, Park Secretary \~ .. CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, SEPTEMBER 17, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:03 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula, Rosenberger, Turgeon; Planning Director Nielsen. Absent: Council Liaison Benson. APPROVAL OF MINUTES . Turgeon moved, Pisula seconded to approve the September 3, 1996, Planning Commission meeting minutes as amended on Page 5, Item No.4, Paragraph 2, Sentence 2, change "selected" to "approved"; Page 3, Paragraph 1, Sentence 3, change to reflect "Chair Borkon stated had the dock been in conformance with the. ordinance and remained in continuous usage, this would allow the Cabalkas to utilize the dock." Motion passed 7/0. 1. MEETING WITH MINNEHAHA CREEK WATERSHED DISTRICT REPRESENT A TIVES To allow for the arrival of Mr. Love, Item No.4 was the first item reviewed and considered by the Commission. This item was considered after Item No.6. . Chair Borkon announced the matter and Planning Director Nielsen gave a brief explanation of this matter noting a meeting had been held between City Staff Nielsen and Brown and Woody Love, Eugene Strommen, and other staff members of the Minnehaha Creek Watershed District. Various projects in, progress within the city were discussed including Watten Ponds, Minnewashta School, and the Evan Moline project. Woody Love and Dionne King appeared on behalf of the Minnehaha Creek Watershed District to address the Commission. With respect to the Watten Ponds project, Nielsen reviewed the discussion and concerns with respect to the location of the proposed wetland area. He recommended the Planning Commission stand by the preference which they had previously expressed. Commissioner Kolstad inquired if a representative of the Watershed District completes a site visit once an application is received. Ms. King stated she had visited each of the sites. Chair Borkon asked Ms. King to explain the process once an application or request is received from the Planning Commission. Ms. King explained with respect to a wetland alteration, residents within 600 feet are noticed, the plans are reviewed for accuracy and the application is then forwarded to the Board. Ms. King explained the Board is appointed for three year terms by the County Commissioners. Commissioner Rosenberger inquired how members are appointed. Ms. King explained they are chosen at large consisting of six members from Hennepin County and one from Carver County. PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17,1996 - PAGE 2 Commissioner Rosenberger inquired with respect to rules and regulations regarding wetlands and if specific regulations are associated with wetlands, including setbacks. Ms. King confrrmed this and noted the local setbacks take precedence over those of the Watershed District. She further explained Shorewood imposes a stricter buffer zone than the Watershed District. (Commissioner Foust excused himself at 8:03 p.m. for a business commitment.) Chair Borkon inquired what was done to assist in communication with the Watershed District. Nielsen stated a letter would go to the Board outlining the plan which was approved by the Planning Commission to ensure they are considering the same plan. Commissioner Turgeon asked if the Board could table a request rather than approving an alternative plan which the Planning Commission has not reviewed. Mr. Love commented it would be their preference the City review the request. He expressed his willingness to develop a good working relationship with the City of Shorewood. Commissioner Rosenberger inquired if the Watershed District is comfortable with this particular alternative. Ms. King commented she would prefer to see some fill from the middle of the wetland removed noting a restored wetland functions better than a created wetland. She felt in general, this . would be a good option. With respect to wetland ordinances, Commissioner Rosenberger asked where Shorewood fits in with the other 27 cities which are a part of the Watershed District. Ms. King noted Minnetonka and Chanhassen provide their own wetland regulations, however, she did not believe any other city requires wetland buffers of their own accord. Mr. Love noted Shorewood had them prior to the Watershed District making it a rule. Chair Borkon asked what recommendations the Watershed District would like to see or assist with in the future. Mr. Love commented this winter they would like to have workshops where standards and effects of implementation could be reviewed. Commissioner Rosenberger inquired if the Watershed District has taken any steps to ensure the integrity ofNURP ponds already in existence. Mr. Love stated the Watershed District would stay the enforcer of the maintenance agreements on those ponds. He noted inspection can be difficult. The Watershed District would like to devise a system with the various cities where an inventory could be established and an enforcement authority would be used to maintain the integrity of the . ponds. Planning Director Nielsen explained Shorewood's policy has been to maintain those ponds. Commissioner Rosenberger questioned if developers are required to pay a fee for review by the Watershed District. Mr. Love stated while there is no standard permit fee, after one hour of staff time has been expended, the developer would be assessed on staff time only. Consideration is being given to approaching the legislature with respect to this matter in an attempt to cover expanding costs. Commissioner Rosenberger expressed concern with the amount of chemicals utilized on grass. Ms. King pointed out the City of Plymouth has a fertilizer ordinance prohibiting fertilizers containing phosphorous. Mr. Love noted the Watershed District is trying to work more with public education in this regard. The Planning Commission expressed their appreciation to Mr. Love and Ms. King for taking the time to attend the meeting and discuss these issues. . . PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17, 1996 - PAGE 3 2. REZONING FROM R-IA TO PLANNED UNIT DEVELOPMENT (P.D.D.) FOR WATTEN PONDS - CONCEPT AND DEVELOPMENT PLANS Applicant: Location: Dahlstrom Abingdon L.L.P. 5340 and 5370 Eureka Road This matter was considered after Item No.1. Chair Borkon announced the case and asked for a review of the matter by Planning Director Nielsen. A public hearing will need to be held before the City Council with respect to this matter. Mr. Dillerud appeared and noted the planned mitigation is an easier solution. He suggested the City keep in mind that NURP ponds need to be accessible for purposes of cleaning out the pond. Commissioner Kolstad stated she is pleased with solution with respect to mitigation. Commissioner Lizee inquired how much area will be reclaimed in outlot A. Mr. Dillerud noted a total of 5,475 square feet is the total which must be reclaimed and he noted the road is approximately 4,000 square feet. Jerry O'Neill, 25540 Nelsine Drive, asked for an opportunity to address the Commission. He noted the neighbors want the area to be consistent with a Shorewood acre. He stated the property owners are not opposed to the development, however, they are opposed to the lot size. Mr. O'Neill noted he will address the City Council with this concern at the public hearing. In response, Commissioner Lizee pointed out in looking at the zoning map, the average lot size on the northern half of Orchard Circle is 28,157 square feet. On the southern half of Orchard Circle, the average lot size is 28,975 square feet and Nelsine Drive is approximately 34,800 square feet which is quite different than a Shorewood acre. Commissioner Turgeon felt this would be setting standards for a development which are inconsistent with the surrounding area. She explained density and lot size are not the same subject. Duncan Storlie, 5375 Eureka Road, expressed his opinion the original lA zoning should remain and that the developer should present a plan utilizing the original zoning without the P.D.D. or any rezoning. Mr. Storlie noted that such a plan has never been presented, therefore, no one knows what the baseline would be. He feels the present plan represents the most aggressive. Tom Dahlberg, 25270 Smithtown Road, questioned the logic and procedure of the P.D.D. situation. He stated there is disagreement between the people and the experts, including the Planning Commission. He stated his belief there is not a purely empirical basis on which to decide this situation. Mr. Dahlberg asked if there is an expert v/ho can determine that a particular situation is a P. D.D. situation anyone was expert enough to make a detennination that a particular situation is a P. U. D. Chair Borkon stated the answer to Mr. Dahlberg's question is very clear cut and is not a matter of debate. She pointed out the Planning Commission is subject to guidelines and ordinances which dictate how the land is developed. Mr. Dahlberg stated presumably there are criteria to determine what is a P.D.D. situation. He stated his impression this is a matter of interpretation to which people differ in opinion. Mr. Dahlberg continued to say the problem is resolved by people who designate themselves as experts. Commissioner Rosenberger responded he did not think anyone was an expert. He explained the Planning Commission looks to see how a particular issue fits into the Comprehensive Plan. Commissioner Rosenberger noted the density in this particular area is 1 per 39,000 square feet. He pointed out for R-IA, the density is 1 to 40,000 square feet which falls well within the requirements. In exchange for that, the Planning Commission has more control through setbacks from the wetlands and acquires additional protection. PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17, 1996 - PAGE 4 Commissioner Rosenberger stated the Planning Commission is utilizing the Comprehensive Plan as a guide with respect to density. In addition, the Commission looks at the neighborhood and the plan is entirely consistent with the surrounding neighborhood. Planning Director Nielsen pointed out there are criteria in the P.D.D. ordinance with respect to what is looked for in a P.D.D. He further noted those criteria are applied to every project and the purpose is to allow for flexibility from the ordinary zoning standards, but from City standlH'ds the City's perspective, to gain additional controls in various areas. Mr. Dahlberg stated his belief that the Planning Commission is ultimately applying criteria and interpreting relevance of that criteria to a particular situation to preserve values with regard to the environment. He further stated the decision is ultimately made by the Planning Commission and the City Council who are saying they are the experts at interpreting whether or not this is a P. D.D. situation. He felt the City Council and the Planning Commission have a choice to respect the opinions of the people in the community. Chair Borkon expressed her appreciation of Mr. Dahlberg's philosophical approach, however, she felt it important for him to understand there is a Comprehensive Plan that is approved by the Metropolitan Council. She pointed out that in addition to the Comprehensive Plan, there are. ordinances which guide the Planning Commission in making a P.D.D. decision. Chair Borkon pointed out while the Planning Commissioners do not refer to themselves as experts, they do consider City Staff experts and the City Staff do provide recommendations to the Commission. She stated the Planning Commission tries diligently to abide by what is dictated through the ordinances. Commissioner Kolstad inquired with respect to the process for residents to raise questions regarding the Planning Commission processes when there is not a public hearing. Planning Director Nielsen explained the resident should be present at the public hearing or questions could possibly be raised as a Matter from the Floor. Chair Borkon noted it is the decision of the Chair whether or not to entertain conversation. She further noted all matters should be taken up at a public hearing or Matters from the Floor before City Councilor the Planning Commission. Another alterative would be for a resident to request time on the City Council agenda with respect to overall decision making. Duncan Storlie, 5375 Eureka Road, expressed frustration from the viewpoint of the residents noting there is a procedure to be put on the agenda, however, the timing is such that once a developer presents a plan, there is insufficient time to react to it. He expressed his opinion the residents feel they are reacting to something that is already underway. Planning Director Nielsen explained the State enacted a 60-day rule which obligates the City to act on zoning requests within 60 days. Failure to do so is construed to be an approval. Notification requirements must be completed within a certain period of time. Nielsen noted the public hearing . . PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17, 1996 - PAGE 5 is the opportunity to comment on the plan. In addition, residents may also come in and visit with staff prior to the public hearing and review the plan. Neighborhood meetings are also used for the purpose of keeping residents informed. Chair Borkon expressed appreciation for the input and interest that is put forth by residents such as Mr. Storlie. Mr. Storlie expressed his concern he did not want the Wattens to take his concerns personally. Commissioner Rosenberger noted he shares many of the concerns of Mr. Storlie. He further commented on a newspaper article referring to the Planning Commission as terrorists and commented this is very upsetting. Commissioner Rosenberger pointed out Shorewood has the most stringent wetland ordinance of any community. In addition, the tree preservation ordinance places a more significant burden on a developer than on a homeowner. Tom Dahlberg, 25270 Smithtown Road, noted in his editorial he reported with perfect accuracy his emotional state and that of his wife over some of the City's planning. Commissioner Pisula pointed out Mr. Dahlberg's editorial referred to the Planning Commissioners as being the people who caused that terror. Mr. Dahlberg stated he was not referring to the Planning Commission in his article. Mr. Dahlberg went on to say he was terrorized by a bulldozer and stated it is important for the Planning Commission to understand a number of other people feel similarly. Commissioner Rosenberger noted the Planning Commission is attempting to balance the dreams of the developer as well as the residents. He pointed out any development will have an impact on a particular neighborhood. Commissioner Rosenberger explained the Planning Commission attempts to minimize the terror of the residents by mitigating the overall impact of a particular development. Mr. Dahlberg stated he has never questioned the integrity of the people involved in Shorewood city government. He noted the bottom line is that the perspectives of the two groups are fundamentally different which creates difficulty in communication. Chair Borkon pointed out there is not an adversarial situation between the Planning Commission, the City Council and the community. She further pointed out the Commissioners work on behalf of the community in an attempt to accomplish many of the same goals the community has both as a commission and personally as well. Mr. Dahlberg stated in spite of the fact this is not supposed to be an adversarial relationship, many people feel that it is. Commissioner Rosenberger noted his perspective when residents come in before the Planning Commission, 50 percent of the people are upset. They feel they will be impacted negatively. The Planning Commission attempts to mitigate that impact as much as possible through strict wetland ordinances, tree preservation activities and through clustering to support or protect sensitive areas. Commissioner Rosenberger noted change is inevitable and the Planning Commission attempts to assure a particular piece of property is developed with the smallest amount of impact on the land as well as minimal impact on the neighborhood. Chair Borkon commented things do not always come out the way anyone everyone wants them to, however there is a process at work which is successful in that there is input from all of the affected areas. Mr. Dahlberg stated he sees what is happening politically in Shorewood and that is that the Planning Commission and City Council have processes, procedures and criteria and in spite of that, residents are now finding them inadequate. He expressed his belief the people are looking for PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17,1996 - PAGE 6 a fundamental change and new ways of doing these things. Mr. Dahlberg stated it is not good enough to utilize the present process. Commissioner Rosenberger noted a park referendum was passed brought to a vote to make money available to improve the parks and to buy land to preserve open space. During the vote, the referendum failed. As a result of that, the Park Foundation was established to raise money from individuals and corporations for this purpose. Commissioner Rosenberger suggested Mr. Dahlberg become involved with the Park Foundation who would be anxious to have people with his energy, intellect and ability to communicate to help them be successfuL Commissioner Rosenberger suggested Mr. Dahlberg talk to the Park Foundation as well as putting this issue on the ballot. Chair Borkon expressed appreciation to Mr. Dahlberg for visiting with the Planning Commission. 3. DISCUSSION REGARDING SETBACKS IN THE AMESBURY P.U.D. This item was considered after Item No.4. Chair Borkon announced the case and Planning Director Nielsen reviewed this matter in detaiL Commissioner Kolstad inquired if input had been received from the Amesbury Association reflecting their feelings on this matter. Nielsen stated he spoke to two of the board members who were seeking clarification. He noted his belief this amendment to the ordinance will provide clarification. Nielsen further pointed out a public hearing process would need to be followed with respect to this amendment. Commissioner Turgeon noted her agreement with the interpretation of the Planning Director and stated there are zero lot lines and property owners should not be allowed to encroach into that area. The purpose for the common area is to provide green space. Commissioner Pisula noted he is comfortable with the interpretation which was used in the past. He further commented he would support this amendment if the Amesbury Association is in support of it. Commissioner Rosenberger expressed concern with potential requests for variances. He wanted it made clear if the Planning Commission decides to move in that direction, a variance request would be denied. Commissioner Kolstad expressed concern that residents choose between the 2-foot and 4-foot setback options. Pisula moved, Kolstad seconded directing staff to contact the Amesbury Association and clarify the amendment to the existing Amesbury P . U . D. Agreement. Motion passed 7/0. 4. DISCUSS ALTERNATIVE DATES FOR NOVEMBER 5TH (Election Day) MEETING This item was considered first on the agenda. Wednesday, November 6, 1996, at 7:00 p.m. was selected as the alternate date for the November 5th (Election Day) meeting, with a study session scheduled for Tuesday, November 19, 1996. 5. MATTERS FROM THE FLOOR - None This item was considered after Item No.3. 6. REPORTS - None This item was considered after Item No.5. Commissioner Kolstad noted the City Council will be entertaining a vote on Snowmobile Task Force recommendations on Monday, September 23, 1996. . . . . PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17, 1996 - PAGE 7 Chair Borkon recessed the meeting at 7:35 p.m. and reconvened the meeting at 7:43 p.m. 7. ADJOURNMENT Turgeon moved, Rosenberger seconded to adjourn the meeting at 9:28 p.m. Motion passed 6/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. ~ .. ... CITY OF. SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 21 June 1996 Watten Ponds P.D.D. - Revised Concept Plan and Development Stage Plan 405 (96.02) BACKGROUND . Having received a negative recommendation from the Planning Commission for a 12-1ot development proposal, the Dahlstrom Abingdon Limited Partnership submitted its plans to the City Council in May of this year. Before the Council voted on a resolution to deny the request for the 12-1ot plan, the developer asked to be referred back to the Planning Commission with a revised plan. The consensus of the Council was that the Planning Commission's earlier recommendation that the number of lots be reduced by at least two was appropriate. The Council also agreed that rather than rezone the property to R-IC as specified in the Comprehensive Plan, the plat should be approached as a P.D.D. district. The developer's revised plans are attached as Exhibits A-G. Following is a summary of how the plat has been revised: · The number of lots has been reduced from 12 to 10 (9 new homesites plus the Watten homesite). · The minimum requested lot size has been increased from 15,181 square feet to 20,277 square feet. . The average (net) lot area has been increased from 31,025 square feet to 36,330 square feet. . The low area in the northwest comer of the site has been identified and protected as a WCA 91 wetland. . The developer proposes to use the north end of the easterly wetland area for ponding rather than excavate additional ponding to the north of the wetland. A Residential Communitv on Lake Minnetonka's South Shore #7 ~ Re: Watten Ponds P.U.D. Revised Concept/Development Stage Plans 21 June 1996 ANAL YSIS/RECONTh1ENDATIONS The staff report for the original proposal raised several issues to be addressed in the review process. Following are issues to be considered in the review of the revised plans. A. Proposed Zoning. The Planning Commission and City Council agreed that the subject property should be subject to P.U.D. district zoning rather than R-1C standards. The advantage of this approach is that if the approved project never gets started, or if the developer defaults in his performance, the zoning reverts back to the current R-1A standards. Typical zoning standards (i.e. area, width and setback requirements) are negotiated as part of the development process and incorporated into the development agreement for the project. Unlike other zoning district changes, P.U.D. zoning requires that a second public hearing be held by the City Council. . It is worth noting that the net average lot size now being proposed is within 10 percent of the R-1A zoning district requirement. The increased lot sizes provide additional buildable area for the size of homes to be built, particularly on Lots 1 and 2, Block 1, which are subject to shoreland management requirements. B . Access/Circulation. The proposed road has not changed from the original plans. As mentioned before, consideration should be given to a different street name. . C. Wetlands. Two things have been changed in the revised plans: 1) the low area between Lots 2 and 3, Block 1 has now been shown as a WCA wetland; and 2) the developer proposes to use the north end of easterly wetland for ponding. Outlot E will be left undisturbed, except for its southerly edge, and the developer now provides the required buffer area and building setback around it (50 feet in total). The developer has requested a wetland exemption permit from the Minnehaha Creek Watershed District (see Attachment n to fill no more than 400 square feet of the wetland. Note that Shorewood's wetland regulations allow minor filling of wetlands where necessary to locate roadways. The north end of the-easterly wetland was separated from the main body of the wetland many years ago by the driveway to the old cabin. This results in virtually no site alteration for ponding purposes. You will recall that the previous plan proposed to excavate a ponding area north of the wetland, at the back of Lots 1 - 3, Block 2. While this appears to make sense from the standpoint of minimizing site alteration and tree loss, the City Engineer will have to determine if the proposal satisfies stormwater runoff requirements. Use of the wetland area for ponding must be approved by the Minnehaha Creek Watershed District. Drainage alternatives will be addressed under separate cover by the City Engineer. D. Tree Remova1/Reforestation. The revised plans address two particular areas of concern raised in the initial review. The large old maple trees on the east end of the Laven property and much of the long row of tall spruce trees can be preserved. As mentioned in the earlier staff report, trees will be lost within the street right-of-way and within the proposed building pads. The best way to limit tree loss is to clearly mark the limits of the initial roadway construction. Construction barriers should be erected adjacent to the most sensitive areas prior to commencement of any site grading. 2 ... Re: Watten Ponds P.D.D. Revised Concept/Development Stage Plans 21 June 1996 1. 2. 3. 4. 5. . 6. 7. 8. Particular attention should be paid to the custom grading of individual lots. It is recommended that the following measures be.taken for each homesite: Submit a tree preservation plan with the building plans for each lot. Initial staking of the house should include staking of construction barriers. The preservation plans should indicate trees to be saved and where construction barriers and fencing will be located. The preservation plan should indicate what type of warning signage will be placed around tree protection areas. The plan should indicate where utilities will extend into the house. A working zone around the house should be shown. This area should not exceed 15 feet. The plan must indicate where stockpiled materials will be placed. All tree preservation measures must be implemented prior to any soil disturbance. All building permits shall include a $300 escrow to guarantee maintenance of construction fencing and erosion control barriers. The escrows will be used by the City to maintain the barriers if the builders fail to do so. Exhibit H is an example of an individual site tree preservation plan. The measures ~esc~bed above should be used as a model for future developments where tree preservation IS an Issue. The developer's plans identify 53 trees which will be lost due to construction of the street and utilities and location of homes. Based upon Shorewood's Tree Preservation and Reforestation policy, the project is subject to a maximum tree replacement of 78 trees (9.8 acres x 8). It is recommended that.a landscape plan be prepared as part of the final plan showing the locations of replacement trees. E. General Design Recommendations. . 1 . House Design. Since all but Lot 2, Block 1 will be custom graded lots, it is important that the developer know that proposed homes must be designed to fit the lots. Such design shall take into consideration the following: a. Minimize tree removal. Removal of trees identified for protection will require replacement. b. Driveways shall not exceed eight percent grade. c. Disturbed slopes shall not exceed 3:1. d. Plans must show retaining walls. 2. Lot Design. The lot line between Lots 3 and 4, Block 2 should be rotated slightly, giving Lot 3 additional width to compensate for minimal depth. 3 .... . . Re: Watten Ponds P.D.D. Revised Concept/Development Stage Plans 21 June 1996 3. Lot 1, Block 1. Contrary to the definition of front and rear yards, the northerly line of this lot is being shown as the rear. This allows the large maple trees to be preserved and creates a 40-foot setback from the lot to the north. Setbacks for this lot should be documented in the protective covenants and development agreement for the project. 4. Driveways. Since the house layouts shown on the concept plan are primarily illustrative, driveway locations are subject to change. The developer should be aware that driveway widths are limited to 25 feet at the curb. Also, the driveway for Lot 1, Block 2 must be at least 40 feet from the intersection of the street rights-of-way. Consideration should be given to a shared driveway opening for Lots 1 and 2 to minimize tree removal. cc: Due to the wetland/ponding issue raised herein, approval of the plat must be contingent upon Minnehaha Creek Watershed District approval of the proposed drainage plan. From the City's perspective, this alternative is preferred over the previous plan to excavate a new pond. Once the Planning Commission has made a recommendation, a public hearing will be scheduled for the soonest City Council meeting. Jim Hurrn Larry Brown Tim Keane Chuck Dillerud Greg Frank 4 ~ Abingdon Development Corporation Brad Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, NIN. June 13, 1996 -' L~ \,.:.;-3 ":ESb Dear Mr. Nielsen: Subject: Concept and Development Stage Plan "Watt en Ponds" . Submitted herewith are revised plans for the captioned project for consideration by Staff and the Planning Commission at its July 2, 1996 meeting. These plans reflect revisions to the plat design responsive to the following factors: ". A reduction in lot count from 11 new lots to 9 new lots. ". Inclusion of a questioned ground depression as a Jurisdictional Wetland. ". No lot less than Twenty Thousand square feet in area. ". Significant reduction in tree loss from the former design. . The reduction in lot count by two reduces the site density from 1.3 units per net acre to 1.07 units per net acre. This is at the very bottom of the density range specified by the Shorewood Comprehensive Plan for this site. Both new lots were deleted from the north side of Orchard Circle (Block 1). This allowed accommodation of the additional Jurisdictional Wetland; an increase in minimum lot size to 20,000 square feet; and the preservation of the "Lavan Maples". The ground depression northwest of the W atten homestead has been monitored continuously since early Spring. Based on our observations oflast fall we expected the depression to drain out once the frost came out, and then fill only intermittently with heavy rainfall. Unfortunately, as of this writing, we have not had a sufficiently long dry period to test the water retention, nor have appreciable hydric plants appeared there. We have decided therefore that it will be considered a Jurisdictional Wetland, and we will treat it accordingly in our plans. The Planning Commission has specified that no lots should be less than 20,000 square feet in area. The revised plan meets that requirement with an average lot size of 36,000 square feet, and a range of20,000 square feet to 144,416 square feet. 4100 Berkshire Lane - Plymouth, MN 55446 (612) 550-7633 FAX (612) 559-6423 Attachment I A design goal specified by the Planning Commission was enhanced efforts to preserve the existing trees on the site. To address this goal we have revised the plan in the following manner: 1. The lot nearest Eureka (Lot 1, Block 1) has been reconfigured to give it added width, and the house pad has been moved to the west setback line. The resulting large setback from Eureka Road will enable saving all 10 of the "Lavan Maples". 2. Final street plans will include detailed adjustments to street alignment within the proposed right-of-way, together with retaining wall where feasible, to minimize encroachment on the "Watt en Evergreens". Of the 18 trees that make up this line, it appears 17 can be saved. 3. The house pad on Lot 1, Block 2 has been moved south sufficient to preserve the "Watten Evergreens" in the front setback area. . 4. The NURP Pond has been incorporated into the existing severed wetland area in the rear of Lot 1, Block 2. This eliminates the need to remove trees in the rear of Lot 1, Block 2 to accommodate grading of a NURP Pond. 5. The house pads on Lots 6 & 7, Block 2 have been moved east to avoid tree loss on those lots. 6. Routing of the sanitary sewer has been moved from Valleywood Lane to Eureka Road. This saves creating a new corridor of tree removal through Lot 7. As grades will permit, the sanitary sewer will be located within the existing driveway to the Watten homestead from Eureka Road. . Sheet 7 of the plans submitted under this letter specifies trees to be removed for grading of the site - primarily within the street corridor. A total of27 are so specified. An additional 26 trees are specified as probable for removal during house construction, either because they are in the actual house/driveway pads, or close enough to potentially be lost during construction. Taken together this total tree removal is but 12.8% of the 411 trees of significant maturity (as defined by Shorewood Policy) found on the site, or 87% of the significant trees will remain after development. By these revised plans we believe we have responded to the concerns expressed by a majority of the Planning Commission and City Council, as well as City Staff We shall be prepared to further review these revisions with the Planning Commission on July 2. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors June 12, 1996 Ms. Suzanne M. Weedman, Assistant District Director Minnehaha Creek Watershed District Gray Freshwater Center, Navarre 2500 Shadywood Road Excelsior, Minnesota 55331 . SUBJECT: Watten Ponds Shorewood, Minnesota Tony Eiden Company Wetlands DelineationlMitigation Report MFRA #10985 Dear Ms. Weedman: McCombs Frank Roos Associates, Inc. (MFRA) and Tony Eiden Company are submitting the attached report as an application for a Minnesota Wetland Conservation Act (WCA) of 1991 - Wetland Fill Permit for the proposed Watten Ponds development. Generally, grading will be limited to the road construction and the building pads will be graded at the time of home construction. This will result in less than 400 square feet of impacts to Type 1 wetland. A minimum 50 foot building setback from all . wetlands is observed and a 35 foot buffer around each wetland will be established. We request that the .Minnehaha Creek Watershed District issue a certificate of exemption to document that this project complies with the WCA. TIlls wetland report has been prepared to provide the information required under the WCA. The attached wetland report is intended to provide all the information on the B WSR forms and is arranged into the following sections: > General Project Information; > Wetland Delineation Methodology; > Wetland Characteristics; > Proposed Wetland Impacts; > Wetland Impact, Sequencing and Mitigation; and > BWSR Forms, Maps and Data Sheets. "':'i' ='::~.::.; ':::o;::.Jr::~': =.____otc../er General Project Information Project Proposer: Tony Eiden Company 4100 Berkshire Lane Plymouth, Minnesota 55447 (612) 550-7633 Mr. Chuck Dillerud Agent: McCombs Frank Roos Associates, Inc. 15050 - 23rd Avenue North Plymouth, Minnesota 55447 (612) 476-6010 Wetlands - Kelly 1. Bopray, CPSS Engineering - Greg Frank, P.E. Project Location: The Watten Ponds project is a single-family residential subdivision, creating 10 lots on approximately 14.6 acres in the City of Shore wood, Minnehaha Creek Watershed District, Hennepin County and Mississippi River (Metro #20) Watershed. The approximate legal description is listed below and the .xact boundary description is on the Site Plans. NE1I4, NE1I4, NEl/4, Sec. 32, TII7N, R23W and SE1I4, SE1I4, SEl/4, Sec. 29, TII7N, R23W Currently, the site is wooded with several wetland basins. One occupied and two abandoned residences exist on the site. The immediate surrounding land use consists of residential subdivisions within the complex of woods and wetlands. Hennepin County is listed in the WCA as a high priority region for preservation, enhancement, restoration and establishment of wetlands. Wetland Delineation Methodology As part of our wetland delineation, MFRA reviewed the available background wetland information and .. made a preliminary off-site (in-office) wetland delineation. Information used to conduct this portion of ur work included: ~ National Wetlands Inventory Map (NWI); ~ Minnesota Department ofNaturaI Resources Protected Waters Map; ~ Hennepin County Soil Survey; ~ U.S. Geological Survey Topographic Map; ~ City of Shorewood Wetland Map; and ~ Site Maps. The wetlands were then field (on-site) delineated on December 4 and 5, 1995, March 11, 1996 and May 29, 1996, using the principles of the 1987 Corps of Engineers Wetland Delineation Manual, including all adopted modifications. The spring site visits were conducted to verify the boundaries mapped under winter condition, adjust the boundaries as needed, and to collect additional documentation. The wetlands were classified according to the methodologies in Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/81; Cowadin et.al. 1979), and Wetlands of the United States (USFWS Circular 39; Shaw and Fredin 1971). Wood lath and pink flagging was used to identify the boundary between jurisdictional wetlands and the adjacent uplands. The location and elevation of wetland , Ms. Suzanne M. Weedman June 12, 1996 Page 2 boundaries and reference spots were surveyed by MFRA and incorporated into the site plan sheets. The south and east edges of Wetland 2 were not delineated because no development impacts are anticipated in these areas. The actual size of Wetland 2 would be smaller than reported below due to existing encroachment by Eureka Road and Valleywood Lane. Wetland Characteristics Wetland 1 (WI) is a 0.27 acre basin which has been separated from the north end of Wetland 2 by an old abandoned driveway. Based on field observations, the wetland was classified as a Palustrine Emergent/BroadleafForested, Saturated (PEMC/FOIB - Type 3) basin. The dominant vegetation was reed canary grass, cattails, blue flag iris, duckweed, purple loostrife, buckthorn, willow sp., and box elder. Frozen surface water was observed near the center of the basin. Soils near the wetland boundary aonsisted of black (N2/0), silt loam to a depth more than 16 inches which masked any hydric soil features. The wetland boundary was staked based on the change in topography and the vegetation which was dominated by buckthorn, white oak, sugar maple, hickory, and red oaks. This boundary was verified in the spring and no adjustments were made to the surveyed wetland boundary. Wetland 2 (W2) is a 5.51 acre basin which extends along the south and southeast portion of the site. The majority of the basin was classified as Palustrine Emergent Seasonally-flooded (PEMe - Type 3) wetland which is dominated by cattails, giant reed grass, purple loostrife, reed canary grass, river bulrush and sedge sp. Along the edge of the eastern portion of the basin there is a band of Palustrine scrub shrub, saturated (PSSIB) wetland which is dominated by red osier dogwood, and buckthorn. A minor area of P~ustrine BroadleafDeciduous Forest, Saturated (PFOIB) dominated by american elm, box elder, buckthorn, and reed canary grass occurs along Valleywood Lane. The western portion of the basin is classified as Palustrine Emergent Seasonally-flooded (PEMC) wetland, dominated by reed canary grass and with a manmade outlet ditch to Wetland 3. The south and east edge of Wetland 2 was not delineated .ecause no impacts were anticipated to these areas. The wetland boundary along the south and east side of Wetland 2 generally corresponds to the existing road embankments. Along the south and east side of Wetland 2 generally corresponds to the existing road embankments. The wetland boundary was staked along a moderate to abrupt change in topography and where the vegetation became dominated by upland vegetation; white oak, red oak, sugar maple, buckthorn, and hickory. The soils along the wetland boundary were black (N2/0) silt loam to depth greater than 18 inches and there were inconclusive for purposes of determining the wetland boundary. Surface water was observed in the center of the wetland and saturated soil within 12 inches of the surface was observed near the wetland/upland boundary. WetIand 3 (W3) is a large off-site wetland, of which 1.92 acres extends into the western part of the site. This basin was classified as a Palustrine Moss-Lichen/Emergent Semi-permanently flooded (pML/EMF - Type 4/8) wetland. This basin has an edge (approximately 20 - 40') which is open water with duckweed, and some sedge species. Near the edge of the area dominated by sphagnum moss (bog) the water depth was 2-1/2 to 3 feet deep which probably results in a floating bog condition. The sphagnum moss also supports dominant species of cattails, laborador-tea, and purple loostrife, with secondary species of read osier dogwood, white birch, buckthorn, blue flag iris and reed canary grass. The wetland , Ms. Suzanne M. Weedman June 12, 1996 Page 3 boundary was abrupt as a result of the steep slopes. The adjacent uplands were dominated by red oak, sugar maple, sumac, and understory of grass sp. Wetland 4 (W4) is a small (0.19 acre) off-site basin which is just off the northwest edge of the property. This basin was classified as a Palustrine Unconsolidated bottom. Semi-permanently flooded (pUBF - Type 4) basin with more than 12 inches of surface water. Duckweed was the only herbaceous plant identified in the basin with ash and buckthorn around the edge. No soils were described in the basin due to the presents of standing water. The surrounding uplands had hydric soils but were dominated by sugar maple, basswood and red oak and failed to meet the hydrology criteria. Wetland 5 (W5) was delineated but this part of the property was dropped from the development plan. .Wetland 6 (W6) is a 0.18 acre Palustrine, Broad-leaved Forested, temporary flooded (PF01A - Type 1) basin which was only evident under spring conditions. The basin had up to 12 inches of water in late May, but was dry during the other site visits. The vegetation was dominated by ash and elm, with no understory in the center and garlic mustard (F AC) dominant along the edge. The adjacent uplands were dominated by sugar maple, basswood, hickory with a sparse understory of garlic mustard, early meadow rue, and jack in the pulpit. The soils in the basin consists of 24 inches of 10YR3/2 silt loam with no redoximorphic features. The adjacent upland soils had 16 inches of 2.5Y2.5/1 clay loam over 8 inches of 2.5Y311 clay loam over 2.5Y4/1 clay loam with no redoximorphic features. Groundwater in the upland soil pit was at a depth of 18 inches. Proposed Wetland Impacts The proposed Tony Eiden Company - Watten Ponds Site Plans complied with the City of Shore wood's .wetland setback and buffer requirements for all the wetlands except W6. The plan will result in filling ess than 400 square feet ofW6 under the jurisdiction of the WCA (Minnehaha Creek Watershed . District) and Section 404 of the Clean Waters Act (Corps of Engineers). The surface drainage area contributing to W6 is approximately 2.8 acres. The proposed impacts are considered unavoidable and all of the fill impacts result from a road alignment adjacent to a basin which just marginally meets the jurisdictional wetland criteria. The general location of the road was chosen to provide access to the site while maintaining the required setback distances for the existing buildings. The location and elevation of the road was adjusted to day light at the wetland boundary. No wetland fill is planned, but grading at the wetland boundary might disturb less than 400 square feet of wetland. Construction of the project is scheduled to begin in Summer, 1996, and site grading and would be completed by Fall, 1996. , Ms. Suzanne M. Weedman June 12, 1996 Page 4 Wetland WI W2 W3 W4 W5 W6 Totals On-Site Size (Ac) 0.24 5.51 1.92 0.00 0.00 0.18 Table 1. Wetland Summary - Watten Ponds Dominant Classification PEMC PFOIB PEMC PML/EMF PUBF Types Proposed Impacts Avoided Avoided Avoided A voided Dropped from development plans <400 Square feet fill .., .J 3 4/8 4 PFOIA 1 .Site size is approximately 14.6 acres. Wetland Impact Exemptions. Sequencing and Mitigation The April 11, 1996 amendments to the WCA provide for the first 400 square feet of Type 1 wetlands within the Shoreland Wetland Protection Zone to be exempt from the WCA mitigation requirements. No mitigation is proposed for this minor wetland impact. . . - : Ntf.(J2alIU1 LOCAL. STATE. FEOE'RAL WATCP. RESOURC! ~OJECT NOTlFtCATlOH I APftUCATlOH FORM I i.iae thia form t.o notify/apply to the U.S. Army CGrpa of Enginee,... the Minne.ot.8 Depanment of Natura Reaouro... and your L.oca Govenwnent Unit I of a propoaed water/wetland project or won: which InlIY f.u within their juriadic:1ion. These eganci.. ahould ad~.. you of their juriediotion or pennt ! requirement.8 within 45 dav-. Some LGU's may a1ao r~re aubmiaaion of their own application forma. Fill out thia form oompIetely and m8iI e ~y. with piaN, nwps. etc. to each of the agenci.. liatad on the reve,.. of the form. KHP e copy for your reootda. YOU MUST OST AlN ALL. REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. AGENCY USE ONt Y: LGU NUMBER: MDNR NUMBSl: CORPS NUMBER: I. ~plicant'a N.rne (Last. Firat. MJ.) Authorized Agent. If any Area Code, Ta~ "\011\.'-4 E:\dc '^ Co"",^-,", ~~'os ~>nl-\. ~.. ~~oc.. L.c... ((.~1..15S0 -7(,g~3 Addreea (Street. RFD, Box Number. City. State. Zip Codel ~ \Oe..'f" k "-'we. Lo..",e. '? \", ~"^' M~ s sAA:t II. Location of propoaed project 'attach drawino showin; how to ;et to lite) $QQ.. 5~\e..lt \oc.sJ.\""" ~~. u.. \ 1 - COUNTY QUAR~:S<i1J~~~ SECTI~~(s) No. TOWNSHIPta) No. RANGE(.) No. LDt. 8Ioak. SubditMion 'rt~ V\v.@',,,, ~ '/u S~ 'I... ~v~ ~ \n~ 2~W W4~Y\ ?Cl"a~ , FIRE No., BOX No., OR PROJECT ADDRESS ~ OF WATERBODY AFFeCTED end NUMBER (IF KNOWN) \Jvw,~wo.a...d ; W. ESTIMATED PROJECT COST: . LENGTH OF SHORE AFFECTED an f..ti: ~ME OF FILL OR EXCAVATION (Cubic Yard.l: WOTE: You ~'I auIKtitut. ~) A EA FlLLED OR DCA V A TED IS Acre.. OR o +0 A\OC Squar. Feet V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): CJ ACCESS PATH CJ 8RDGE CJ CULVIR1' OCMl o CONSTRUCT o m!!!tt o EXCAVATE CJ COCIC C RJIMP C SIoHDII.&PCEI' C(au. o REMOVE o mALfl p1.WETUNO CJ~ CJ SHORElINE o WATERWAY OTHER (CESCRJBE): WETLAND TYPE(S) AND ACREAGElS) PROPOSED TO BE FlLl.ECICRAINED: T~.~ \r.o~ ~W\ (~) \'1~L \ Attach applicabl. drawings, plans, and ASCS crop photos. Indude. deacription of any proposed compenMtory miti;ation. lmDortant: Idantify any diseosal and borrow .r.as, D.scribe the work balow: how it would be dona: what equipment would ba und. VI. PROJECT PURPOSE (why ill this project needed-w,* benefit.8 will it proWiall: SJbd\"'~~'O"", e)~ ~?-"~ i.",-\-c. \0 \o~. VII. ERNA T1VES (de.cnD. any other aites or methods that could be used to achieve the purpo.e of your project whila avoiding or mirWnlzino wedend/wetar Impacta: Attach additional aheeU, If needed). ~\\ o.\~\- ~....~ \""'-~Q,c...\.s. ~~ 'o<<.c,", Q.vc~~~. "'t'-".A. "ooA ~Ul.~ V\SLQJr ~,,",d ~ y,',\ \ o..'{ \\1~ cJ. ~ ~~ 'ot>.-~ A\t\..o~,^- o.\V'ec..~ ~~\\""'\ \~ \lI\~~6 ~ ~ Q."'o~ ~~cl, \"'t.~~.e~ c!\...\vI~"-L.CL or:; ~ e~ "W\.a, eeLJ,Jr d.vn~ ~c:..~\~o"" VIII. DATES: Proposed atart of .ae1ivity:, Proposed cOft1ll,etiOll: " (Identify any completed work on an attached drawino. IX. ADJOINING PROPERTY OWNERS (Au.ch liat if more than two) Nama Addn.. f .. City St8te Zip . X. PERMITS heve baan recaived (Inter an.Bl or alraedy applied for (entar an b) from: ~ DNR NVt CQNIS aF EHGINEIM _ COUlTY ~ TOWN/01"Y .h.. WAT1RSHED DISTfICf _ MN PowmcN cama. AGBICt - Has an archaeological survey of the projact alta bMn done7 toJ b If 10. by whom: I hereby notlfy the ,.ciplanta of mla form of the projact proposed heraln and ,.queat lhat I be acMHd of any permlta or other datarminatiorw concamlno mla projlct mat I must obtain. I unde,..tand mat proca.din; witb wGrit before all required euthorizatione .... oittalnad may aubJect me t.o Federal. Steta. and/or local edmWa17ative, civil ..dlOI criminal penaltlM. . OATE: Si;natUre of Person Proposing Project or Agent < < .:: ltUASc ~uu. 'f ~ AND COM~ SAC( a: FORM> > .:. The DE MINIMIS amount is calculated as follows: (I) FOR A WETlAND OWNED BY ONE LANDOWNER: Size of WetJand (as of January 1, 1992) - BO 50 . 1.) Determine the amount that represents 5 percent of the wetJand (as of January 1, 1992) = -402. S s.f.; then, 2.) Determine the appropriate de minimis amount for the project listed in MN Rule part 8420.0122, Subp. 9, subitems (A)(l) through (A)(5) = -t-oo s.f; then, 3.) If the project is the first impact to the wetland since January 1, 1992 then the amount in step (2) is the de minimis amount = 4-00 s.t.; otherwise, 4.) If the project is not the first impact to the wetJand since January 1, 1992 then the amount in step (2) is the de minimis amount or the amount determined in step (1) less any area impacted since January 1, 1992, whichever is less = s.t.; however, 5.) If the project is not the first impact to the wetland since January 1, 1992 and if the total ot all wetland impacts since January 1, 1992 exceeds the amount determined in step (1), then the de minimis amount is zero and no further impacts to the wetland are allowed without an approved replacement plan. (II) FOR A WETlAND OWNED BY MORE THAN ONE LANDOWNER: . Size of Wetland Area (as of January 1, 1992) Owned = . 1.) Determine the amount that represents 5 percent of the wetland (as of January 1, 1992) owned = s.f.; then, 2.) Determine the appropriate de minimis amount for the project listed in MN Rule part 8420.0122, Subp. 9, subitems (A){1) through (A)(5) = s. f.; then, 3.) Compare the amounts determined in steps (1) and (2) and choose the lesser of the two amounts = s. t.; then 4.) The deminimis is the amount determined in step (3) or 400 square feet, whichever is greater = s.f.; unless, 5.) If the total of all wetland impacts since January 1, 1992 exceeds the amount determined in step (4) (5 percent or 400 s.t.), then the de minimis amount is zero and no further impacts to the wetland are allowed without an approved replacement plan. Note: 1 acre = 43,560 square feet s:demin.c:al 566972 I , , ~ \ (;)' '\ I 0 /......:.... m'" ~l 0.~~ . \\ . .> "'- A"1I 'L "---- ....-..J I Y \ .III \.1'> X\ -...---- -- - . """"~ < ) PT GJ II '"' /." \ I R \ 'I r1'''.-J ~ -" '1'/1 r ~ ~ ~ ,.. j ,~"'-. Q .", t# \("""'J r'\~ 1\: _' -., f.1 ~'f" II r ~ " ~ A ;(~~() )~ . ~~<~~- .~ ~D>~ ~~ J ~:."o 6 J~;::o ?' -- '\1l~~" .~=-~~~.~#~/ ~' ~ ,~ .111/1 / ~~ '~ VA)I~!d' .... 0 1/: ~7; ~~~ - ~,; .~ I //1. t~ ,::.rv.) rJ 1/1 I~ ~,\,\ r;::. ~,' 1\ IJ), I ~ f) rll ~~ ~ ~---' } 1< ~ I ;~ ~ 'I/lL .... ,\,:'Ii., "-_-:''$~ (J FI ~ ~ · 'Jill · I".\~ c::::::::: I I~~;;; ~.~~ 7~ ~'//A'_ ~f~(\ ....J\\~-J--..~,. \~" //~ 1fII//1 -~ l'-..\' \ \ ,)"i - . ~~ ~~~ ~ ~~iJl.: wp~~I@J) Q' ~ \\~ "' ~.~- ~ ~ ~ ,- ~'" . J" ..P..=FJt-.--=- _ ~ W ~ . ~, -:~" '" ;6 - l~; ~ f'..... ~ · ,-~ ? / " ~! .::;.~l~ ~ _ .' _ _~ . r-..,~..----rJjlJ'" ... n,/.' - -&~~-==:~l))i J ....'<::7::;"/ ~ JI M. ' I .' ~~a~.al\~ ~~. Q,. . ;,Y ~\\ ~ "I n~.J(jl']t-..~ .."....." ~ ~ -,' ) \.\ r; ~l1t..::;- ~ ". t ......... _;u_ ~ .. J.. 1Q l1!0 ~ .I~ tM~r~ I; -"" .... ... ~ "'~ 1...<"\/"''' '_'> ~y.,/, l' //,...J III ..... iJ.... -/1 17\) ~ ~. '--'----;:',' \/ .. ':::i '!/ ( - - //, 0~~-~-~ I __. --.-:-<'-~ g .~ "V'6 I Y.;-;'Y L'~ " .J.. ...~~ r .-..~ . . -= - ~I ~ ,,,," -/ 0 _.6 ~ ~ r-.... .... _ fMJ I ILRl.l ~~ W6 ... UJ .M. CITY OF SHOREWOOD WETLANDS MAP ~ McCombs Frank Roo. Assodat_ I , 1tC. ICAU (:tcc' -- ~ TONY EIDEN CO. 15050 23rd Ave. N. Pl'I"'Outh. MN 55U7 812/476-6010 Engineers Planners S U/VeyofS 'ILlIG. \0<=\8 ~ SOIL SURVEY MAP ~ McCombs Frank Roo. Associates, Inc. SCALI .. . I = l.l.O _ AGI TONY EIDEN CO. 1 5050 23rd A va N. Plymouth. MN 5544 7 612/476-6010 Engineers Planners Surveyors FlU; NO. \OC\~'=:I ,~::..>v ...---. ..., LfUe>H .:";."'! . _...~ i"'MINN ET 0 N K A JO . 1.0 --~ / \ ./ 48 ~/ \ , - ........ . --=-~.- -. . '4 - ~ -/ :.;~.~ . - . . . ;;:-. 1 I 1" . . / I i I · t . : \. I \ \ \ .. \, \,' \ \. . ... . . -- /0 NWI MAP ~ McCombs Frank Roo. Assocfates, Inc.. SCAU ,..: \ClCO' '5050 23rd Ave. N. Plymouth. MN 55447 6'21"7~'O Engineers Planners Su~rs TONY EIDEN CO. 'c'\sS <#."... .. . 1)-/~P c I ;' 35' . '" .2/~ ;:: : " R 23 W o. . DNR WETLANDS MAP 15050 23n:l Ave. N. Plymouth, MN 55447 612/476-<<)10 Engineers Planners 5 UIYe'J'OIS TONY EIDEN CO. ~ McCombs Frank Roos AssocIates, Inc. \0"\&5 19 I -3AIWi I I I ........ I Ii!; ~: I I ! I. I ~ I I I:'''''' '-1 <..L "'" , -= U_HU"' II-L - ~ --; - ~ J.., .".11"11 ~~ I an",.."df'\ -_, "_-------7------ /...- __- -= .=- - ._ Qto.:ld . I - I . I I I I I I I I ~I :, I : I I I I ,W: I ,w: :1 ;;: I "" :. :~ I If' . 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OWNERS: Dahlstrom Abingdoll, LLP 4100 Berkshire Lane - ... Plymouth, ~1N 55446 Contact: Chuck DiIlerud 550-7633 Leonard V. & Jacqueline Walten 5310 Eureka Road Shorewood. MN 55331 414-5951 APPLICA1'IT: DahI.tram Abingdoll, LLP 4100 Berkshire Lane Plymouth, MN 55446 Contact: Chuck Dillerud, 550-7633 INDEX GJ' Nt ".IIY .:t..: -., ..... r ,...~ "l.... "AS ..........t~. ", ...t ,-,'>< "..01"..... 0'''-11(."1' sU"....tSIO.. .....0 ,...T , ..o"l.. 01.1.' "t..:.,SttOl ill I'IOCJ(SSlO-'rl.. tl\i<;"'.UM VIIIOfIO h.t l,."WS OF l..t ~U.lE 01 M""I'oUOTA('11..' , t' ( TONY EIDEN COMPANIES LOCATION MAP / INDEX WATTEN PONDS PREPARED FOR: 1";300' Exhibit A McCombs Frank Roos Associates, Inc, (~ ~ ..00. ...Cot '':IOSO 23,d AIft! N Enq,neers Pt,mOulh MN ~'.,JJ7 Pl.lnnc'S o'2..l76.60lU S>J''''''r('rs MRJ ~'l.t ..0 ="'( ! 119/96 llIie; /110 1'.-) I SHOREWOOO, H[NNESOrR ;:lATE j. .~ '.' Ir 10985 ~i . .~~. L E ; r.i ~ '..:: 52, FiUD. 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I 'O"[S, - - ." ;',U :::1' ID;:g ~~"'''!;, I.- Illl'O....'lC'" ...'" ;: 5:~ ;'I'.;~:'" I . Ctlf"~"fC n;" .4_-14 z. ~~":;~~(;I"""'- "1t.'0; .[~r r ". (I" or "OO..Ol'O 'tEPORI'" ~nD ~~r[J:': F;rlI"!~~ LnlNfAr[~ fll " -... Ad'~ ",,,;;,- o SO, ------ ::0- -- ...""':. - --- - ':i!3l.za. ~ - . - - - ~ [ _..I:. .~-- -- .--"-';"':-=- 1i:. -tJ- . \. /- I \' ';',}) \~,B-/ 8 \~~! ~ \< \~ if: \\ t \ \ \ .. \; \ \ \:..' \ u.l \ ~ \-:;>\ I \ \ / ~ .;. . .... : ~ ," ~. ,. .. '.' " ., .~; ti 'OEOESIGH rOI 10 LOT lAYOUT 1Il5I"€.D" GJF -., HON i :i!:':l g:!g,,:;::..."" ...... ... '- -- , s"nlr~l[~t:rtsSI-t5l~X:D '~f ~~o " II: 01 SOUl (llJIG[l'N(l~'tS'N( (t tM(O:ED" lIcCOIIIS FR_ ,~ ROO5 ASSOCIATES. PI. 231'0 live" N. 'f O\,tltl, m. S~<t<t' [.ngI"~~1'S 612~<t16-60IO PI.Mers 5\,t"..e,.~s INC. ,,-, FILE' 'uU1's/.lp'd i1'EYISIOIIIS aui'(IDET .1098Si"P .NAT ..IE 1ll'./toJ. ~~' c::. ;: ~: ~ -~.-_<.-- --::l / " " "- - "" ,'--. .._~ -~- ----,-- ----~............ 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Gi-:- r ~~;-; ::;--.<"-...-... ....... \,: -~,,-> ---~-lF~ ~-==:.ft~~.JT" --~~:..:: .~ _~~_ ~--- '" ". r- I i I '/ I' ;G--- I;' I': \\\ I~\ 1\ \ I' \ \'" f \WI I I i I -:::> I ; - -'4 .z) \ 'I "SHORE WOOD WETLAND CONSERVRTION ARER LI"ITu OUTLOT R 1012 ...,. :;;.-. I I ' . \/ I l // '7 I' /./ ./ \/\///'/ ~'/ ' \, IY/;' , 'I I~,,! ;' __/,6 j\;'f" /j V" , , '\: \ ";::;/ ($.,-------.;:- .~--.\~. ~-=u -.:~- -:.:-::.~.::;---......._;, <1'"l'l'r.::.:'''S--" __: ,',' i I: - ,,-- --'7-, \\~.;)-- / / /I' " , .' /"1 .<.,,~ , - IJ)-' /' / I . \ .1 . / / /j'- ./ ,:_ J I --_.--:::..::::::::::---/ /1//- -, I '\ 1// /1/--:/--~._:.... .:1.::. ~ ~ / /' I 'I 1014 ' / / 'I / / /" '" .- *' --~-:=:::..----::...-..,.- ""-.L/ ~UIUSDICT!qJ'RL~m1 ,'" I / /)~ /i / I' ;' /// /--:-:'::~.-:- ""- '0'" ...- ~---===-=:::::::- --..~, --...... ...:::;:;::-.. 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" -~.-::'\ _-.r':------- -'_ ._';\ tJ 'j" .~ ..--....-,-... ~~,-..,'\.'--\ ,,'\ -- .---- -.... '\. \ \ J/2 .. '\. \,' \ \- JURISDICTIONRL WElt/lND .,\\~)\ . ,_ ~'.'\ I "SHOREWOOD WETLRiw , CONSERVATION AREA LlMIT.....J < --- \- " - \ 'I .' I \ OUTLOT B ,.. '" " , , " " " " ",- "- " \- -.. -- .. -? ---.. -- ._--~- , - :~~~-~i~\:0" .\ " ' \ .... ""-"[..~ "'~-'- " \ \ \ \ " ~.. ..' ::~',,,? .D 1\_ __ \;:, h' .. /~ HOOD"~ I~ ~~'\. f4..~ //-" <(~'\.'\. DEVELOPMENT CONCEPT PLAN WRTTEN PONDS " " , " , " .'- ,.. '. .' ~~ .- ., !:: ,.. ~'. ClSICJl(OI' GJf (il(Q[DI' I Il(ll( If cnnn lMAT lIllS P-L'" ItIl5 PffPMr 0 .' ~ 011 UJtO[It III 01lE(T SU'(I,ISlOll IN ''-1 ! 11ft II ~, Ir(USl[ll(D I'IOf'[SSlllIIIfIl ["'111([1 LIIIOU 1M( lMt5 ~ ItIE: ~flm: Of ",."nOII1 ~ SHOREWOOO. MINN[ SOIR IlcCOIUIS FRRNJ: RODS RSSOCIRTES. INC. "I""" DJO .(DESIGN fOR 10 lOT lRTOUT -.. lAM If'PttlVEDI' GJf 15050 Bra R.,e. N P. y.out", I'IIt ~~~'4J &1}-II}G-tiOIO [n9'""tr.. PlanPIt'r, SurWf'"Q.'S "'. 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SETIACI5: ';t .UBlIC STREE; 30 rEEl . r "W{TlAflOS 50 F'[El 'R SIDE'.RO 10 rEEl F'1fO" RfAR'I'RRtl .1] fEET . ~OIS 1..2.3 nr ilOCl< I 1 LOTS 113. BLO(.> I. AlL OIMERS TO _E 35' 5[TB"". 5. EASEIl(.TS S".LL BE .ROVlDEO .S REQUIRED (SEE LOI DETA'L>. i. All Dlf'(NSIOJf1; AA[ ROUNDED TO TKf N01RF'~T fOOT qH[l Illl AREAS IIIl[ -<tOuNllEO 10 roe- .ERRESI IDO SO~.,EET. ? STREET """ES AIlE SUBJECT ID CIT' A..ROVRL. B. lURISOICIIONRl _E".NOS ilUE 'lElD DEllNERIED 8' .FN. Ofil IZ....4-SI'9'i RHO 5/29'9&. REFE${ TO "WETlAND DELINfATtON REPOir~ . 9.. OUTLOTS A,B,C..': &. ( TO aE DEDICRTED TO CIa OF S"C,R::'WOOO. 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I"'nrl~s..t... ,",,-:;~, r"e IfQr\l'1e.s~ ~.....rtl.,r cf tneH""tr..e,,:.:' U:.I",.'.t" t"l:" "i.lrtne.:Ol Ou.f'~~' '~I ~;~ttll)r. V. l'}.'"";-"ll;! ~1''4t:., ~~n~~;"~~~. ':i):~;"~~":l.~,~; ,,~~ ;~~? l"~r \~r ,.' ~"~o; ".._~):,:~ ~9 ~ ~ thereot. on "le "'1;:1 oi "et~'''J ,0, t~,e O.I!~1. "I tre lOt'Q ,tt" !)t DefOG!! ,n 'l"rj tnr 1a.1I ,'""..,,1 ..~""~I'. ~l NORTH i i i~ o 25 50 10D 200 P~EP~RED fOR: Exhibit C TONY EIDEN COMPANIES I ~1: ('I (' ~I 'h I ".I I L- - L,__,)"l\ f, I., 1- - - I I I "I J- ~ 1-1\.3 r!-.- u..5-- -- -- I ;;, I~I __ -- -- t \:1\ Il.-!'-- r- I .J"'L- __ -- -- :: -- -- -- -- -- I / \ - -c- I / _ --Jcnr / ?i). /./::- I .,.. I /,/:,/,: , .:, /"') l-fl ,".... I,' ,/ ' (-',", , " I J.'''', I ' ::a .....1,.., . ..., .. ..~...... 1-.,.'',.. .., I"~ , ",', c...." " ", r"'"" "', '<' I,.., ......, .' " " / I,.... ,,,,,' '.' I 4....1 I " ...,.., . ~, J.....,' "'...1 " ...,... , ,''''' ,(.,' '" .. j. , , ,'............ , .../ 1'" .......... c..J,' ,', ... (,//:,' ..... 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Illflj!!I~ ~ II !..f [Ii i~i ~~.I~A~I!.r ! -;'if1~! ~ ~l~ ~ iil G H'i!;~lfl ~ If~!ll I~r t~l!I il!.~::ufi ij _~h.;;F :J~ "I!:J fiil~"i.r i 211 -~ .f~ I' i ~.~ .- . ..-i::~ : d !S.~fAi ~~ f~-'!. i: i,!. j ~ih l,l~f l~ Iii l~fli;~I~ Ii" Ii' ~ 0 sn!".. ~ll . 1I . . 1:1 31 :a 1 I 1.-- ("-' I -.. Ii:] Ii"!: ::t . o ::II It' I '.!2 .-- te' I . I -. J_ (".;) I .-- IJ~ "J-' , I I 1 · 33 13 I ,..,.., " I ..::: :':(', .-rot I :': ~r, 1 .,- I ~? I : ~~ I L I ~ELS I HE: I DR lYE ,- .. L t t ' ~: CIRCLE ~I WI ~I W I--=,. . ~~ j j.j ~ =-- _l~-_ I ~ J I ~-L I ~- ~' [U~:[~::f1 G~:RN.f\/ILL[ I -L LOT 52 t f1UD. SUB. NO. /<;;) , LlJ '% I - L.aJ ;tn > I HiGHLRND '....J_. :LlJa:1 _ _ _ ~ %osc L _ R="=V----&;:ft. ~-- .-:.:.- ." --=.ll;5.. ' '-I1'Y.S22.~'~ 1 :x:el 11 ~~I,,~ ,L~I"'.'" ~~. . 1'-"- c: ID:: ! .~..) I::t: I'~ o~. 10\ I~ I ::z 1-: 1::::1 < I 1'=J )-. 'r::: --r.::::--' .::.... ,e..) LlJ ';' 1:3:: :... I., '~:~ :: b lr::J a:.1 r.r:~ _' lui-_- > 1 L -':;'--. _ _ ~., "::,~..~..~f1 ~ ~:.D.O' WV I.EW ",""-...-- - ~ -'-: ,,,,,,,, \ "'IX t 1~~_ . -- _=--=-.'00' \ "",'", ~ff-ROFlD ""-- ,- - - - I ( . LEGEND 1.0 - EIlSTINCi CONfOUPC; J .....; ExIStiNG SfORtt "t_flo' I; EXISTINC wmRHllS I . PROPOSED [ROSION tONI~;il HNo..t '1' -, of, . P1lOPOS(D 9'01 HI "" 1(>0 PIOPOSED IjRADf5 "rr~ l'fitl~"T PROPOSED 'lADES RHTE1PlHED ..Ii" I I =S~~::I~~OO(, I I I ~----- 1 I .I~ : i;! I I 1 MY ~ - . ;-- .... I \{.:-'"' oj \~r \ \\, \{\\ \\. \\ \ \ \ \..1 \ uJ\ ;- \ \ \ :;) \ --I~ \ \ \ ,,' -~' ~ ~, "SHORl:WOOD WETLAHD CONSERYATIOH AREA LlIIlT" ~I .J, ...,.,. \::: GUTlOT R '. --:li 112 \l:l ',; 0', ... JURISDICTIONAL HETLAND /' nSllQREWOOD HETLAND l!ailSERYATIOH AREA LINIT" --:' ~, '......--.....- - - ~:;.::;-:::::::------- "--... -.--.- ----..........' > ( /1 , B -1, ( . \ \ .-. ". ~. (... \ .... \ I'l I \ 0. '" I \ 0. \ \ \ " '-.. .::J '/ '........ '..... .......:>.:-.... ...... \' - ,-' '. - ,~... . ---- ~ \ -.. ....... '. " "'-... -. ~.. -.... " ............ /--------l.:>--....; .....,> \ ,",' .~- -~~........,." - \>{/,~'--:-..::::. ""'. \~ \ \.\ ,--..................:-.... ',.' .., \.' t:.. /'_. ..--..:...~,>~.""" "''\. _____ I .---- _" " ..... '.' ....... ____ \ j ..,~_ .1 ....\.-... .-/1 ......, " -"- \ \ \ \ \ n - N .' - .- c: E ~"l .. :", ..' .... D } C, o. '.. ........ ~, DlSlglEDIf Glf (M(CX[Ot, [tI(.:., aun-t flt,n 1I.rS,,""'IIlil5N(1ll111(DI'1'( 01 UIUI '" Dll((T SUf'OrVISIOII "'0 ,.., J M II IU.' l['ISl[I(D"OftSSIOMIll.. [fillOll€[I UItO(I 'M(lfllSrI IIf; SUlf( or ItI.-r.SCtll. IIcCOIIIS FRAlC ROOS ASSOC lATE>, IHC. q) [ng"~~er'l Pllnners 'iur."yors "'M< 110. IIIIT{ -" 010 ""'IOW(I I' GJf I~SO ?3rd R'II". .... PlyltOUtn: "N 55....' 6Il.4i'1j-6DIQ DlD R[It[SICN FOR 10 LOT lA'l'QUT " ,,-, ""IE 01/19/96 ,..... IlEVISIONS DllTt___Il('.IlO._ rtLE: ....userv.tp....d.t./[!DET .IQ985J'P .GRAI)( J,.--- '.l~ ~'. .. 50 I;~' .ut I r=' , .~, L-.. I I Ilk I~ Ie:::: 10:: 1 I I,':" lu~ 1- . I LlJI I :.1 ~ ~I 0\ EROSION/SIL TRUON CONTROL PLRN I. All erOSion control .nd $IIU1.ton control aelSures Will ~:P~~';~~~nflC=~~tc~S:;S~t~:.8~:~~;c~r:~~~~: ::ual, Sedlaent Cont,.ol "anull, and the City 0/ ShO,.ewood's PoliCY for E.r-aslon aAd SllUtlon Control. 2. Teaporar'y sedlet\utlon ponds <35' Wide _ 100' long _ 2' beia. f'"lsned gr.de} snail be constructed at all fow pOints 1" streets, anti snail be centered on the proposed- catch basins. Ihe ponds sf'lall be con'Structed 1Illth the Initial grading. RII disturbed areas shall be seeded Ind mulched and diSC anchored within <48 hours after fine grading IS coepleted. Si JUtlen and eras lOr'! cont,.ol: The contractcr shall assulle co.plete reSQOnS1bl.,ty for controlling all SIltatIon and erOSion of the prOject area. The con'tra~r shatl use ....atever .eans necessary to control er'OS10n and Siltation, Including but not 'Ialled to erOSIOfI control fences. Control snail co..ente tilth grading and continue th,.oughout the prQJect until acceptance of the ..ark. -..,. -., Any depoSiting at $llt or aud on new Or' e_lStln9 pave.ent, In te.porarI seOI_entatlon baSins, Dr ~n eXisting $torlll se..ers 01" s...les stlall be reaoved after each rain and affected areas cleaned. Unless IndiCated, gradln9 of IndlYldual lots shall be aone .at ttlle of hose b....' Tdlng. 3, ~. 5. 6. ;, o . ~"PEj;;~ i ~, rT stR"OUNTABL[ '-ON(, / CLIIli l CUTTEi< ---' \- SIPlll UNI~Rl ~~l \ ~ z I -~----~~ , ~ 1 ~ --= \. - - '\.., INlSHED GRAm. 2\' '3 ,~ I :- I TYPICAL STREET SECTION NO C:,.,.lt[ "'". :1-4 ~ """""LI"-'~-""~ I --'-I i R I """"""""'SID' ..!, .~ -lItOPOSEllrJPHSHEDCONTOllI -l.II1",,"10 "--IJISflM(,(m-fOilll rtIlISiED~CldIlO El('1IHtOll -tWI'Ii!EIIO[DtlGtlSElrH: ---, nlllrit ~lI!UllItO Hh '1ll'ilO~hOOi[L(\,.l tll,HIJfooAT TYPICAl LOT FOU--m--., 1 ~~:II::: .-~OU1~l~~' I IlQOllClUIILP} IHINlli{PlIOolllOUf,PlOv' I ---------- . ST ~ R' Ib <h NORTH I 25 SD 100 200 sou 1"050' - - PREPRRED 'OR: Exhibit E fJUlIO, 10ges TONY EIDEN COMPANIES , J- .' . :::a-:' . , "'--' (-- _.J , ___I . ,--, 1_L..j il dl , ...-,,' ,-, - ,-, .- · . a::: "I~Lil., ,., · I (" ,_::,:-- :; '...J~'...t_t. I~SI (:31.. ",i':,.." fJ,.'.r. _~_--1 _______ \ ....... - - - l:t -., al:l ,...,.11 =~ - - - - . r 6.!!!:P'A-r__ 1:1 (~JI · E U R E tj FI ( \ \ L01 5?, A:jD. ~3:jB. NO. 133 1 I ! I . &AI Z I ,- &AI .._., en 1:',~L:.tLi "","" 't.T. ..J > '-',. .'-"... r'J \.,r".l-:.".. &AI DC L ______JZlliQ - - Jl:l"-4I = =:: --------------- J:l -= liMa ......1. - ....~ \ \ \ \ \ \\11\ ::;) ~%\ \\11\ ~,.\ /' ~ \a:~ -~ \ "" ~3 \ a: \ ~ -\fJ&. r ~ a: \..a\ \~\ \ \ \ \ \ \ \ \ \ \ \ \ \ \'" ( ',J -__-.J L-~_____ 2 N D S T R E E T -:-\ ,------ \ \ R 0 A D 1 OUTLOT R H2 JURISllIClIOIIl. IlEllJIlII. - ...... s - s OUTLOT B , '"....., , ..;:-. r'.'- .. \ ( _J , , '" ( 1 I........ I / / ./' ,,/' N3 JURlSDlCTIOIR. IlETI.ANIl OUTlOT C 1012 -JURISDltTIOIIl. IlETlllND I ./'" \ , , ... ...."- , , \'~,_\ , '"' ......, "..... '<:1 1 , - '., 1 _ 1 . , -::'~. ......-, " "\ \ \ \ "'- \ - iI j'. ' ; } c :~ ~ '. I. iI Z~.. ,. .1 .:. ~' R t ': ! > L!...-.- .. ' ., & 1i00IJ (' ~ ~~ ~ /' "" ~~'" PRELIMINARY UTILITY PLAN NRTTEN PONDS 1(- -" ,...... I .. - -, 1 ,. .. .. -, :....;:.~./ ......' ""<..... ,:....:"'.' .......,' "'- ........... "'- "'- "'- "'- "'- "- "'- "'- ., '. I I I I ---~ ---1 I :c " C C n R e- .. ': " C '. I'. ., r' ~-'''' .' ... ...,...... ,- ""'<..., , , - '-' :. L_. ,I..... .......... '" ,. 1 .. " .......,. ..;:,- \ I-~;:~- ,:":. ..-,...... '-- i~: (~I ,"'II L,' ,. \ I I) t I'" L., __ ~ " , .\ , '., " R "lMl DID 1lElIES1111 F1lI 10 LOT lft1DUT m. .. " .-s ~ _It -. ii"'~r.t-~- -"... m " ':ld &.~'.111: (t IIoamI r-..: 1OClI1IIlIC11IID. IIC. rr rr OJD GJr ._ 23r<1llwo. I. EnJ...... 'I~.... 1M 554i7 '1-. 01/19/96 IIM_IO ~ - G. .. SIlOREMOOD. IlIIIlESOTR FlU, ~taIED[T.I-"'.Ul1I. 5I!~';----- i I~~ \r- r-o I.:: ... =1 :~: ~I I~~: SlI!I II/-/~ I'~ Q I:~ o r.r.: 07 \.:: ~ &AI LEGEND C t: ~. .... R, CC I I:c t,~ > L-._. InEADOWVIEW I jdl(OrIJ - NOTES, : i I I I I I I L__ I I 51! I Ii I s:l 31 >-1 ~ .. c--- If "0 EXIS1lII; n-.. SEJU EXIS1lII; SIIlIT1IlI' SEJU EXIS1lII; _ EXIS1lII; lImED TEL!PWE LX EXISJDlIO MIIERI EI.f.t1RJt IJII[ raaroso ITOIIIl SEIIEIl raaroso 5lIIITIIIT SEJU raarosollllDlllllJl raaroso __ I SIll( lILt[ ~ : oew $- Jr- -- ... . ST . S -8" m.. .~.r. I ( N o o I. lU SlIlITMT SOD UIlES SlIU BE 8 IIlCII PVt. 2. lU NllTER LINES SlIU BE 6"" IlIICTILE IRON PIPE llIUSS ~TED OTIDIIISE. 3. lU IllTER SEMCE UNE5 TO BE I INCH COPPER. RND lU SANITlIRY SEIlEIl SERVICE LINES TO BE 4 INCH PVt. 4. TIlE III1tIlIIlIM ..._ EIIlEICIl ROAD IS TO BE CONSTRUCTED BY TIlE CITY OF' SHllIlDlllOD. FbJ o 2S SO ~ NORTH I U10 200 Exhibit F ... I~-SO' PREPARED FOR: lD9es TONY EIDEN CO ~ . . . !O I a: UJ I 'a:.....I I , ; ;.,. .... ('fPC! F ,150:: ~,I ... Gi;:f1f-rf'vELC I '."."1' .. "':"~ "':". ,..., .. I I aa .. loa .... 01 .. ',\ .0.. .. . I '.. "":. ,- ..... .' . .. . . ~<C ..... . '.. .. ;. ~= -: ~'~~-:_~~;=~,~~60~~~.~~;;-~ -~7-."';.;- :7_::~.:-,~...::-_+.:-..-:--:::- ~_ -=.=:.~-:;_~.'~~t:-:~':; :::'':';~~'~.~ ~-'~ ~~~~;:,:.=-.~_~;;" - - ~..L__ - - - -S_- _ __ _ _.. . 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"VI ~ ~..:: ~\---. _ _, " U'I I ,=, ~ i~.j ~:~U;: ill !i:~ =:~ ~ ~r:i 5~:: / ' d 1'1 ' \ \ :,. I X' Ui! 1 ~..-11 "'J"~ I !lM'-I' SOl 'bl.6 Ofll-I" / . : ~ :1 \ \. l.i-~: = ;~.~ =~~. ~ ;,l!'~ g:'~~ ~ ~ re:: =~~: I...' 4- JID !)l.O.,..--! ..~ 9Jot.' OM.'~ . 6l"4 ~.O R-17 fa., I 1 \ / .. I i:} ;:~.~ =!::""IU :: ::J =-~~ : ~ ~:: =::~ I ~~."I":- ~, I )1] UJ.O ~('i] 4!t1 !tJi!./I)IIk~llJ 1&01 '!I].J .-I~ V:: .. Ii '1' n':7 ~;~ .r.> ,n.. _ " J ,.. "IOw-'11 ;' I: :. "..... " ~m: ~:: ~~.Z ;:~11l't ~~ ~:~ =:~ ~ r~J :.i: . . I ~ \. ~ OUTLDT R ]II ,,, "......" ." ,...,... " ." ,.,... "".ID I ~ ~ I :..~.: 311 SJ~.: ~-I!l ''!l5 '3:,9 OAJ-:oI! lill ~1.1 01'1-1) .~ . ,,' ... I ~ ;~~.2 =:~'Z2 :~ ;~:~ ::-:5 ::1 r;g:~ =.~~ I. -~ ~ ~~~~ 471 RI UJ.... l' ..~ 9n.; ClfIl--II _'I!I 95C.11RSSIlOO~1' ~ I' j ..... -T %tUJ j:u_': ~ i~_l =.~~ :: ~:g =_~ -::1 ;.~:1 =~~O<I . ri b" I 1...<;-- ]2. ..,. i 0lIl .1 4ttl '~.7 CAII.:G e511 'M9.' 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'\ ._. ...-.---,." ~ --... / ...... . -';'''''y/-''' ...... / '., I I I I I I I I I I I 1 1 I I . PLANT SCHEDULE .--::,- " I i \ \ COIlIIO"'-NUI8 ...... ...... Botanical HIlle SiZ<< -Oty. Root Sp~c ns.. /' -' ~<<:- .~,..-~ ...... 00; >(;-, "~'fMC,~. .,'... ., , ',- '- SUt.j4r Maple "',A.!::",~ JS M~' ~.(.,h",rlllJl Z-'i/l....ea.l Tlll.l"'1lC!e,.lo;.n.. OUt!1 ..us bl~; r n..$ s..,ood I~ 8&L IJ~ per 01111"1 2-1/,:'" ... ,2-1"':" .:al I~ 9&H os perD1an\ a'\ per I n \ .J~ JJt"r Ian \ \ S16I411lP Will t e C..k N Whl le Oalo uut". c...s. -'llba ...... '5 8&H Su"" Oa... Ou"r~\J'S lI...croc,roCl 8&8 ~'..' I,n Colo,.ado Sp"""" 8&8 ,",'rea (lU"9P'" 11 \ \ .... ;': :'. -' - \" "'ODD .... ~ "'./: ~ 1>~(~ ('''" " '. .. :~, r:. ~,: '.- ................. ,-:~.'- 'Y /~ ~~"v I .1 so iil I ~'i I '-... "ll15 "'2/00 110. "IE DlD REDESIGN fOR 10 LOT LAYOUt D10 REv. BLDG. PADS to SHOll H(JUtAC[ fOOIPRINlS Df.il~Olf GJF ~ SHORE WOOD , "iNNESOI" ,"(11[01' I Mft('f ((Ilrn- IMA' hlrs ~........ Hf:"""fO" I'll 01 ~t"fOIIf.CTr;uPf.I"ISIOlllilND1MlllIMAIU..' t[,"SfII[D "f.l"(IIj':iUllitlll. rtIK.JJllU UNOfl lit( l-"'or htE 5""[01"1_'50'" Stl" ~ .'=501. "*-l'~ till") E!QPS ".cones FRRIa:: ROOS RSSOCIRTES. lilt TREE PRESERVATION PLAN WRTTEN PONDS -.. OJD lIlP'I'IlMDIf GJF r"9'I~r'<;, ill'""l!'rt Su"we,lIr'!: i'iO")O n,,j 'he. f'lI "I~.outl'l. "'~ 5~4'7 bll-4/ti.bJ!l.i .. "_S .", 01'19/96 COM II[YISIONS lIlIl~r _____'____ ""C,I(: ____.. rIlE: IU.C"II'.tp/dllh/ttOrT .I0geSlP. TRfLAU I.&J :z: cn~ ,.....I UJo:: :z:"';0 ..':;<.i.~.ND . 0' rlUS LGS' "QMJ'" 'JI!~H' fflJ6lllUCllOM I 4); ItlU t .~(llG '0 . losr IIlD'" Kill,1.. toNStllUCtJtllI. 1U.lLD!MIOS ....~ttll((_r"tIil.OIl!..T. MS(eOlil...:IUtPtto.:i(~rllUCf(<l III I': f':.AT Of ....I1AQ n ! - " l:.r'l .nn PRFPRRED >OR: Exhibit G TONY EIDEN COMPANIES J.~ . 'EY \\ ~ /// ~{ R.O.GROUP... -/A-rf~~. --------1 ;, ~ . :: 10.0 DRIVEWAY . I.... 0.:-1 ;-. .~~ ! i!.~.. 1 1.! . ;; I _. y! 11 24.0 l! I I.. : j i .. GARAGE ::! j.. ,I;l;!'"..,. ;-~...; 7.0 ': I i ;. ! ,,~J :~ 5 2j i ! 131+:- .. I .)1'1 l 15.0 24..! i I l 1 I i : I i . Ii w.o. GROUP _..;. I i I i I I . ........_.........___...........____.....__..._........n..............._........_....._....__........___.__....................____......... CH - CHERRY R.O. - RED OAK W.O. - WHITE OAK A-ASH ~ ~ 15 FOOT WORKING ENVELOPE FENCING & WARNING SIGNAGE UTlLITY ALLEY STOCKPILE PERIMETER TREE TO BE REMOVED ~ /' ~ / I DRIVE 3 .35 PROPOSED HOUSE 40.0 ~~ 10.0 -- - -- - -- ---- -- ---- - - -- Exhibit H CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 . (612) 474-3236 :MEMORANDUM TO: Planning Commission Mayor and City Council Jim Hurm, City Administrator FROM: Larry Bro~ Director of Public Works . DATE: August 30, 1996 RE: Watton Ponds Development Stage Plans Engineering Review File Revised plans have been submitted for the 10 lot subdivision platted as Watton Ponds. Existing Conditions: The site is located immediately northwest of the intersection ofValleywood Lane and Eureka Road and consist of three existing parcels. The 14.7 acres site contains jurisdictional wetlands totaling 4.9 acres in area. The site has mature vegetation throughout the site. . Right of Way and Roadway Requirements: The applicant has provided for a 50 foot dedicated road right of way with profile grades varying between 1.0 percent to approximately 3.0 percent. The roadway grades and right of way provided are in accordance with the City Code. The typical section indicates a width of 12.0 feet to the back of the curb and gutter. This distance shall be revised to 12.5 feet to the back of curb to allow for proper lane width. Driveways range between 0.2 percent and 9.8 percent. The City Code specifies a maximum driveway grade of8.0 percent. The only driveway which exceeds the 8.0 percent maximum is Lot 1 Block 1 which is proposed at 9.8 percent. This grade is reasonable since it reduces the amount of site alteration necessary to the rear of the lot. A 8esidential Communir'/ on Lake Minne7:onka"s Sourf? Shore #'7 Grading Drainage and Erosion Control: City Staff and the Planning Commission have seen several alternatives for the location of the proposed NURP (National Urban Runoff Program) pond. Originally the plans proposed the NURP pond to be located immediately north the wetland within Outlot D. This avoided disturbance to wetlands, however had severe impacts associated with tree removal. The second alternative considered utilizing wetland WI of Outlot D as a storm water detention facility. This would need to be mitigated due to wetland impaCts. The option being presented in the latest plan minimizes tree impacts and appears to be adequate from a _ _ technical standpoint. The pond meets both water quality criteria for the one year eVent and also meets the capacity requirements for the one hundred year event. . The downside of the proposed location of the pond is it's close proximity to the housepad of Lot 2 Block 1. The bottom elevation of the housepad is 950.2. The 100 year high water line (HWL) for the pond is 948.2. Although this 2 foot separation meets the requirements of the Watershed District, this does not prevent the house from being flooded if the 100 year frequency event is exceeded. The natural overflow or ultimate emergency overflow will occur over the proposed roadway at an elevation of approximately 949.0. The proposed house pad for Lot 2 Block 1 should be raised to an elevation of2.0 feet above any overland emergency overflow. In addition, there are concerns regarding the drainage path between Lot 1 Block 1 and Lot 2 Block -I. Drainage from Lot 1 will flow to the house pad of Lot 2. Plans need to be revised to raise the building pad of Lot 2 to maintain a minimum ofl.5 feet below any swale which would be proposed the drain the side or rear yard of Lot 2.. . The applicant has considered relocating the pond on the west side of wetland of Outlot E. From a technical standpoint this certainly is more desirable since it is further from proposed housepads. However, the applicant has outlined in attachment one the number of trees that would be removed if this pond was to be relocated. The trees that would have to be removed include 17- 12 inch or larger oak trees. Therefore, the applicant has chosen it's present location to minimize. impacts to trees. . The grading required for the installation of the driveways of Lots 6 and 7 needs to be shown on the plans. The Minnehaha Creek Watershed District requir,es that the City enter into an agreement ~th the Watershed District stating the City will inspect the stormwater detention facilities and mairitain adequate depth of the ponds on an annual basis. A NURP pond is designed to have adequate volume of sediment storage fora period of 25 years. Most of the sedimentation load occurs during construction. The applicant's engineer will need to submit to the City a survey document signed by a Registered Professional Surveyor certifying that sediment from construction has been removed to the proposed depth after construction has been completed. . . Watermain and Sanitary Sewer: Watennain has been installed and is ready for use Hookup on Eureka Road. The applicant's engineer should provide revised plans specifications and construction estimate for review and approval. Recommendations: It is recommended that the Development Plan for Watton Ponds be approved contingent upon the following conditions: 1. The applicant's engineer shall submit revised construction documents and estimate of construction for review and approval. 2. The housepad for Lot 2 Block 1 shall be revised to maintain a separation of 2. 0 feet above the overland emergency overflow and 1.5 feet above the bottom of any swales used to drain the lot. 3. The grading and drainage plan shall be revised to indicate the proposed grading for Lots 4 and 5 of Block 2. 4. The applicant will need to submit to the City a signed survey by an Registered Professional Surveyor which certifies that sedimentation from construction has been removed from the pond after the completion of construction. 5. The typical section indicated on the plan shall be revised to show 12.5 feet back of curb to back of curb. . .. lOP;954.53 J%~937 10 JOP-931.21 INY-911.25 . INV;927.ll ._- - - - _ 9u ______ ~ V-929.91,.., a::.' S --~r~~~~-9-- 7 ~ "C' - ~~ CMtfRWUCTIi" BY OTllERSJ 110' II -~~ ~ '" '" lVI -,J-J~.oJ'" INV~916.7 11411' '" eo, ~ ;.:- ---, .~ , I ~ ;0') , , \ ' \ \ ) \ \ z:. '\ w.1\ \ \ \ 7' \ / \ \ / ,o::.y/ \ '\'-... \ \ "'-... --\ \'-... '-... \0::.\ '-... \ \ '-... \ ~ \ ~ ... -\ \ - - - - - \0:\ -Z~ o at \ \ ~t- \-1\ ~ a \ \ .J \u\ ,~~ \ \ ~ ~ \ \ (.I... H \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ':--';" ", '. ~ .z o ~ .. (-.E"'~}:-- , , .........: .'- . '. ......;.' .'- . " '. " <~~~:::"./ .', o ...... ......: l.:~""""""t ,. -, . /--.......... ...... ^-........ ") (~~:';.......~...' ......... ,*. . - '.' i .-. .......: .) ......r.. ..........~: .... -. ", " '':..._-..~-. ...................... " "':-..----'- , . ~.........--,' . -, .. I ...... ~.._--- ,-4, ::; 21 2: 69 --, -', '~:"---'"- '- l~-"'''''''\'''''''' ........._J' I I I ) / / / / r . . I I ; ./ ..J i' ./ # ./ ./ .p ./ ./ TREE REPLflCEIofENT POLICY { . ,. ....~...... '- .. ......:""....... ...... ......~ .........: 11.7 AC. 4.9 AC. 9.9 AC. 79 TREES MAXIHUH GROSS AREA LESS: CITY WETLANDS NET AREA TREES TO PLANTED 9.9 x 9 TREES/ACRE '. . ......... ........'a#/ ''-....,,.)-...... .......,' I I i I !J 'L , 'f III REPLRCEHENT TREES TO BE DISTRIBUTED TllROUGHOUT TIlE SUBDIVISION AS INDICATED IN TABLE BELOW. PLANTINGS TO BE FIELD LOCRTED BY LANDSCAPE ARCHITECT. HIE HflJORITY OF TREES ARE TO BE PLANTED ALOIIG TilE RIGHT-OF-WAY, BUT SHALL INCLUDE PLANTINGS AT NURP POND SITE, ALONG SANITARY SEUER LINES AND AT BACK OF LOTS 2 1 3. BLOCK I. 11 DC< [ !_OT ~ - ? TRtES \ r- --/-~~/ i ; . \0. ~ 01 ,,-, '_r ... -..... /-- r-..... ., . ' \ - "sHOROIOOD I1E CONSER VA nON \ I/.~ /.' .' - ) FILE No. 032 10/08 '96 10:54 ID:SMITH PARKER PAGE 4 maintenance responsibility for this Stormwater Management facility be assumed by the City. Upon vote, the motion carried. 96-67. Dale Peterson. Wetland Alteration (Shorewood) Manager Thomas asked that District Counsel Smith review the stanlS ot'this application. Mr. Smith reviewed the status, noting that a wetland delineation had been pertbmled at the site, and that a copy of the delineation report and revised proposed resolution had been forwarded to Mr. Peterson's attorney. Mr. Mark Steffenson appeared before the Board and stated that he would like to focus on the history of the application, noting that the permits had been approved by the Board in the past, finding the application exempt from the Wetland Conservation Act. Mr. Smith inquired whether the applicant had any comments on the delineation report. Mr. Steffenson stated that he had not had sufficient time to review the report. [t was moved by Manager LaBounty, seconded by Manager Maple to table the application to allow the applicant adequate time to review the delineation report. Upon vote, the motion carried. 96-158. Tony Eiden. Stormwater Management Plan (Shorcwood) Mr. Syverson reviewed the application, noting that the current Plan would proposed to excavate a stomlwater management pond meeting NUR.P standards outside of the wetland area at the site. A portion of the pond excavation would occur in the buftcr zone to the wetland. Mr. Syverson recommended approval, noting that the excavated pond would also serve as a buffer to the wetland. Mr. Chuck DHlerud appeared on behalf of the applicant. Mr. Dillerud noted that originally the applicant had planned to excavate the NURP pond within the existing Type I wetland at the site. but understood that that would require mitigation. The applicant therealler redesigned the NURP pond outside of the wetland area, taking down SOme trees in order to create the NURP pond. He acknowledged that there still would be excavation within the buffer zone. Mr. James Marshall appeared before the Board of Managers noting that he was a neighboring property owner, and opposed any wetland exemptions for this project. Ms. Kate Lynch-Bix appeared before the Board and st.1.ted her objection to the NURP pond in that it was located too far upland. She asked that the engineer clarify how the stormwater drainage would flow into the pond. Mr. Greg Larson appeared on behalf of the Eureka Neighborhood Association. He expressed concern with the amount of trees to be removed with the project. Mr. Larson inquired about the purpose of the NURP pond and the amount of drainage it was planned to handle. Ms. Kate Lynch-Bix appeared again and expressed her concern with the means of enforcement of the permit conditions. Mr. Gary Pettis appeared before the Board noting that he was a neighboring property owner to the Painter Creek project and found that the Watershed District had an excellent record of demonstrated concern for the management of water resources. 3 r:V<<pt fft'~ ~M_^J-\e7 ~-A1-1 V , FILE No. 032 10/08 '96 10:55 ID:SMITH PARKER . . PAGE 5 Mr. Greg Larson appeared again before the Board noting that he was opposed to the variance to allow excavation in the buffer zone, and continued to be concerned about the number of trees that would be removed with the project. Mr. Jerry O'Neill appeared before the Board of Managers and stated that the City of Shore wood had a strict policy about trees. Mr. Dwayne Laurel appeared betore the Board of Managers asking that the set-back requirements be clarified along with the buffer zone. He stated that it was his work experience that the area between the stormwater management pond and wetland could wash out with a large storm event. Following discussion, it was moved by Manager LaBounty, seconded by Manager Love to approve the applications pursuant to staff recommendations. Manager Blixt stated that she felt it was important that the Board be clear that a variance was required in order to approve excavation within the wetland butler zone. Upon vote, the motion to gr4I1t the variance and approve the application carried by a vote of 5 to 2, with Managers Reid and Gross V0t41g against the motion. CONSULTANT REPORTS: Painter Creek Improvement Proiect: Gary Pettis, a neighboring property owner to the Painter Creek project appeared before the Board to express his enthusiastic support for the project and appreciation to the District for the way in which property owners had been consulted in the process. Mr. Syverson noted that the comment period had closed on the Environmental Assessment Worksheet, and that staff recommended a declaration that an Environmental Inlpact Statement was not necessary tor the Painter Creek project. Mr. Syverson acknowledged comments fl.'om the Department of Natural Resources concerning possible impacts of the project and a need to consider additional alternatives. He noted that the commentors appeared to be confused about the fact that the proposed project was to repair and improve an existing stormwater management project of the Distri~ and therefore no alternative sites were possible. Mr. Syverson also noted that commentors suggested investigation of other loading sources of phosphorus within the Watershed, and acknowledged that the District's Water Management Plan included further investigation of the sources as a part of the Painter Creek/Jennings Bay feasibility study. Comments from the Minnesota Pollution Control Agency emphasized the need to adeqw.uely care for disposal of any excavated material, and comments from the Met Council in questioning the benefits of the project failed to consider that detention of stormwater was significant behind the structures and not only within the ponds. Following discussion, it was moved by Manager Maple, seconded by Manager LaBounty, to approve the Resolution finding that no Environmental Impact Statement is necessary. Upon vote. the motion carried. 4 fiLE COP McCombs Frank Roos Associates, Inc. /- ,5050 23ro Avenue North. Plymouth. Minnesota 55447 Teleonone 612/476--3010 6121476-aSJ2 FAX Engineers Planners Surveyors -_.- --.:.-~'-: September 18, 1996 _ ~ f- . --. .. ......-.. . - . Ms. Dianne King Minnehaha Creek Watershed District Gray Freshwater Center, Navarre 2500 Shadywood Road Excelsior, Minnesota 55331 -" ----==, --" "-~.-'_."'_._-. . SUBJECT: Tony Eiden Company Watten Ponds Shorewood, Minnesota Permit .<\mendment MFRA #10985 Dear Ms. King: As you are aware, the Watten Ponds project received approval by the Minnehaha Creek Watershed District (WSD) on August 22, 1996. As a result of continued negotiations with the City of Shorewood (city), and between the WSD and the City, it is necessary for the Tony Eiden Company to request an amendment to their WSD permit. The amendment involves moving the NURP pond back into the type I wetland (Wetland #6) and providing 1: 1 mitigation by restoring filled area Wetlands #1 and #2. A wetland report was previously provided (dated 6/12/96) and this letter pr:ovides a mitigation and monitoring plan. . Proposed Impacts The size and shape of the approved NURP pond will remain the same as the ,approved design. The NURP pond location will be shifted to the west to be situated in Wetland #6. Excavation within the wetland will create the NURP pond with a surface area of 5,869 S.F. An outlet control structure with a skimming structure will establish the Normal Water Level at 946 ft. Under WSD Rule D, at least 5,469 S.F. (impact area. 400 S.F., deminumis exemption) of mitigation is required to compensate for the proposed excavation within a wetland. The NURP pond will be constructed in the fall of 1996 in order to be functional during site development. Wetland Impact Sequencing The previously approved NURP pond location and alternative location west of Wetland #6 were proposed, which would avoid excavation in the wetland. These locations were rejected by the City of Shorewood due to concern for other natural resources (tree preservation and capturing Apt' I: utt<\ ~ 1--\lJ\(.9 Ke../f7 let". '1... t B.q~ Ms. Dianne King September 18, 1996 Page 2 additional runoff). The project has avoided filling any wetlands and the excavation is limited to the minimwn size necessary to meet the NURP pond design standards. These impacts will not be temporary so the rectify section of impact sequencing is not applicable. Best Management Practices will be used during site grading to reduce impacts to the wetlands on the site. The unavoidable wetland impacts will be replaced at a ratio of at least 1: 1 as outlined below. Wetland Mitigation Plan . On-site mitigation is being provided to off-set the impacts due to excavation in Wetland #6. The mitigation will be accomplished by restoring the area between Wetlands #1 and #2 by removal of an old abandon driveway and a portion of approximately 3,000 S.F. of old fill along Eureka Road. The two restoration sites will provide approximately 5,469 S.F. of restored wetlands (3,370 S.F. driveway, and 2,099 S.F. Eureka Road). Clearing and grubbing will be done during the winter of 96/97, in order to rninimi7.e disturbance of the adjacent wetlands. Excavation of the mitigation basin will be done during the winter, if conditions allow or completed the following spring. The current water level of Wetland #1 and #2 is approximately 931.8. Fill from the driveway and along Eureka Road will be removed to the deeper of 931.8 and the original mucky soil surface. This will most likely result in creating shallow open water (PE?vfF) pockets within the wetland. The PEMF area will be allowed to revegetate naturally. The disturbed area from above the water line will be seeded with the Corps of Engineers wet meadow seed mix or a commercially available substitute for we~ mesic conditions. The contractor will prepare the seed bed in accordance with the seed supplies recommended and include a cover crop and straw mulch. . At least 2 permanent observation points will be established in and around the mitigation areas. These points will be identified by posts, tall enough to be observed once vegetation three to four feet tall is established. The ground surface elevation at the observation post will be permanently marked on the post. The locations of these points on the grading plan are tentative, and will be finalized during construction in order to provide typical observation points covering the following situations: :> Points near the deepest water area (930 spot) in the new mitigation basins. Ms. Dianne King September 18, 1996 Page 3 Wetland Monitoring Plan OQjective Goals ). Restore two areas (adjacent to existing wetland) totaling at least 5,469 square feet with a moisture regime that will support hydrophytic vegetation (PEMF to PEMe). ). Establish vegetation in the basin that will meet the 1987 Federal Manual hydrophytic vegetation criteria (>50% F AC or wetter plant species). Duration ofMonitorin~ . An annual report on the progress of establishing the mitigation basins will be submitted to the WSD for five (5) years after completing the mitigation areas or until the WSD determines the mitigation plan goals have been successfully accomplished. The mitigation plan will be determined to be successful when the above goals are reached. Mitigation failure will be determined if the above goals are not reached or likely will not be reached after five (5) years, provided abnormal climatic conditions have not prevented meeting the above goals. Annual Re.,port Contents a. A description of the project location, size and mitigation plan goals. b. Comparison of as-built specifications versus the design specifications and rationale for any significant changes (first year only). . c. List of dominate vegetation in the mitigation areas including percent cover. d. Hydrology observations and/or measurements conducted at least three times during the growing season (April through October). e. Color photographs of the site taken at least once a year during the period of June through August, including at least: 1. The fixed photo reference points in mitigation area; 2. The wetland/upland transition zones. 3. The transition zones between the restored mitigation basin and the existing wetland. . . Ms. Dianne King September 18, 1996 Page 4 f. Narrative comparing the existing conditions to the mitigation plan goals, including any corrective actions recommended to facilitate meeting the mitigation plan goals. Sincerely, McCOMBS FRANK ROeS ASSOCIATES, INC. Pif6aro Kelly J. Bopray, CPSS Certified Professional Soil Scientist KJB:jb (:c: Chuck Dillerud, Tony Eiden Co. e:\main:\10985/king9-18 LEE'S Clf~CLE Gf~:F!N Of \! 1 L L E - -- ..----. I -L L err 5~ ; ~--:-----: -----. , -~e---:-D ---:; . u.: --R-... _ fr~! i , - I' "SHORE WOOD WETLAND I CONSERVRTION RRER LIKIT" i -;II I ClloP PRIV~WAY ! ~ ~ ",70" Mm"^l\ , .- !~ I$" fILE GOPY 7/ /, 'J'_"_ j"'- ~ -_,.......(_ 4 Permit Application No. 96-158 September 19, 1996 Applicant: Tony Eiden Company 4100 Berkshire Lane Plymouth, MN 55447 Location: City of Shorewood, TI17N, R23W, SE 1/4 of Section 29 & NE 1/4 of Section 32 Purpose: Revision of a stormwater management plan for aiD lot subdivision for single-family homes called Watton Ponds. Applicable Rules: Rule B - Stormwater Management and Erosion Control Plans Rule D - Wetland Protection Rille I - Variances . Exhibits Reviewed: . 1. Permit application 96-158 received Jilly 18, 1996. 2. Full and reduced size plans received July 18, 1996. 3 . Wetland delineation report received July 18, 1996. 4. Stormwater calculations received July 18, 1996. 5. Soil boring report received July 18, 1996. 6. NURP pond design calculations received July 18, 1996. 7. Revised plans received August 14, 1996. 8. Revised hydrologic calculations received August 14, 1996. 9. Pond details received August 14, 1996. 10. Revised stormwater calculations received September 18, 1996. 11. Revised site plan received September 18, 1996. 12. Wetland mitigation plan received September 18, 1996 Staff Review and Summary: The revised project involves subdividing a 14.6 -acre area into 10 lots for single-family homes. The site is within the Subwatershed Planning Unit U-10, LM-38. The above project was approved by the District at the August 22, 1996 meeting. The original approval was based on the site's stormwater pond being located immediately adjacent to an existing wetland. Based on objections by the City of Shorewood, a new pond location was agreed upon by representatives of the District and the City. The pond is to be excavated in an existing wetland and will treat stormwater prior to discharge to the largest wetland in. the development. The applicant has avoided all other wetland impacts. Mitigation for the wetland excavation will be performed by removing a driveway and other spoils formerly placed in another on-site wetland. 35-foot wide wetland buffer strips are required by the City around the other wetlands and will be provided. A variance was requested and granted as part of the original District approval where Orchard Circle encroaches into the buffer zone around the small adjacent wetland. This part of the project remains the same. A total of 2.94 acres of the site will ultimately be graded, therefore no erosion control bond or NPDES Stormwater Discharge Permit is required. Erosion control provisions per District Rules are proposed for the site. ~\'tJP ~wf &~~~.6Y '1' 11~ . . Tony Eiden Company Permit Application No. 96-158 September 19, 1996 Page 2 Recommendations: Approval pending receipt and staff approval of the following: 1. A signed stormwater facilities maintenance agreement. The following conditions shall be placed on the permit: 1. The proposed stormwater pond shall be built and functional prior to other construction. 2. Activities including but not limited to mowing, yard waste disposal and fertilizer application shall not occur within the wetland buffer zones. Project Review Status by Other Governmental Units: The project received approval from the City of Shorewood Planning Commission on September 17, 1996. -OCT-08-1996 09:38 MINNEHAHA CREEK WATERSHED . ---... 6124710682 P.06/10 It was moved by MBnagec Love, $CCOJlded by Manager LaBolll1ty to call the QUestion. Upon Vote, the motion carried. On the motion to approve rhe permit application, upon vote, the motion carried. 96~ 175. St. BonifaciollS Estates. Stormwarer MalJ82ement Plan (St. Bonifacious1. Manager Love reviewed the COmplaints and Violations Committee report concerning this project. The applicant had COmmenced grading activity prior to issuance of a pennit. The Complaints 8J1d Violations Committee recommended closing the \'iolation Upon paYment of'RuJe J fees. It was moved by Manager Love, seconded by Manager Blixt. to adopt the recommendation of the Complaints and Violations COnunittee. Upon vote, the motion carried. . Manager Gross stated her concem that this permit application should expressly provide tor a variance from the Rules if the excavation ofa pond would OCCUr within the wetland buffer zone. Manager Reid stated rhat he was concerned abo....t excavation in the buffer zone, the shape of the proposed ponds, and the need for future propeny owners to be apprised of the restrictions on the wetland buffer zone through deed restrictions. Mr. Syverson noted that the excavation for the pond would not be located in the bu.ffer zone, but the adjacent berm to the pond would lie Within the buffer zone. fk indicated that while the placement oithe bezm within the buffer .zone arguably did not require a variance, it nevenheless should not have been listed on the Consent agenda. It was moved by Manager Reid to deny the application. The motion failed for lack of a second. It was moved by Manager Love~ Seconded by Manager LaBounty, to approve the application and grant a variance to aJlow placement of the benn Within the wetland buffer zone; and further to require that the wetland buffer zone be noted Oil the plat and deed restrictions. . Mr. Petee KnaebJe, engineer for the applicant, appeared before the BOard of Managers and stated tbat the applicant was comfortable with the proposed deed restriction condition, and that the maintenance contract with the City of St, Bonifacious had been executed. The Managers noted that the deed restriction language must be reviewed by the District Counsel prior to approval. Upon vote, the motion carried by a Vote of 6 to I, with Manager Reid voting against the motion. Wetland A Mr. Syverson reviewed the project as set forth in the Engineer~s Report. Mr. Chuck Dillerud appeared on behalf of the applicant, and noted that a maintenance contract bad been executed with the City of Shore wood. It was moved by Manager Love, seconded by Manager LaBounty to approve the application as set forth in the Engineer's Report. Manager Love noted that he had met with the Shorewood Planning Commission to discuss the project and also noted that the City ~)Cpressed an interest in working together 011 maintenance issues. s t~r ..fi'D~ ~\VD ~;f\J\Q7 q- 2{,-~lt- ~OCT-08-1996 09:39 MINNEHAHA CREEK WATERSHED Minutes of9/26/96 Board of Managers Meeting 6124710682 P.07/10 Mr. Jim Marshall. 5320 Eureka Road, appeared before the Board of Managers. He indicated that he resided to the north of the project site, and was concerned with the granting of any variances given the precedent that would be set .for development of neighborinQ parcels. Ms. Kate Lynch-Beck appeared before the Board of Managers and requested that the restriction of activities in the 'Wetland buffer zone be Doted on the deed to the property. She stated that she opposed any i.mpact on the wetlands. Managers Love and LaBounty noted that the deed restriction requirement would be considered a friendly amendment to the motion. Mr. Dillcrud stated that he had no objection to that condition. Mr. Greg Larson, 25535 Orchard Circle. appeared before the Board of Managers. He stated that he represented the Eureka Neighborhood Association, and that they were vet}' concerned with the excavation in the wetland. He noted that the seasonably flooded wetlands should be avoided, and he noted that the habitat of the spring peeper frog would be affected by the project. . Ms. Lynn Levine appeared before the Board of Managers and stated that the impact on frogs were often a sign of destruction of the wetland. It was moved by Manager LaBowrty, seconded by Manager Love to call the question. Upon' vote, the motion failed by a vote of 3 to 4, with Managers Thomas, Blixt, Gross, and Reid voting against the motion. Manager Blixt stated that sbe would prefer to be able to save this wetland from the irnpact of excavation, but that it appeared that the applicant had met the requirements of the District rules. She confirmed with the staff that the appropriate sequencing had been documented by the applicant. Upon vote. the motion to approve the application with the conditions noted in the Engineer's Report and the additional deed restriction condition carried by a vote ofS to 2, with Managers Reid and Gross voting al;{ainst the motion. 96-195. MnDOT. Stormwater Manal!em.ent Plan {Victoria}. . Mr. Syverson reviewed the application as set forth in the Engineer's Report. Ms. Nancy Yoo was present in support of the application. Ms. Y 00 noted that the constrUction of a NURP pond on site was not feasible, but that MnDOT could commit to mitigation in another subwatershed, specifically th~ Crosstown pond north of Legion Lake. The Managers noted the need for a broader policy review of the appropriate mitigation locations for MnDOT projects. The Managers requested and Ms. Y 00 agreed. to provide a sequencing analysis for futllre pennit applications. Following diseusSlon~ it was moved. by Manager Blixt, seconded by Manager Maple to approve the application with the conditions set forth ill the Engineer's Repon. Upon vote. the motion canied. 6 June 15, 1996 Greg Larson Eurc:k:1 Neighborhood AssoC:.a!.ion 25535 Orchard Circle Shorewood, :Mi:on=sota 55331 (612) 474.-9268 Ms. Suzanne Weedman, Assistant District Director Minnehaha. ~ Watet:shcd District Gray FfCShwatcr Center, NltV3IIC 2500 Sbadywood Road Excelsior, Minnesota 55331 . Subject: Watten Ponds Wet1:mds DclincationJMitiga.tion Report MFRA. #10985 Dear :M.s. Weedman: Th.:S letter is .in rc:sp(mse to the Watten Ponds Wetlands Delineation Report dated June 12, 1996. A r~iew of the Wetlands Report for the Watten Ponds project has ~lealcd a dis~ancy in the size of Wetland 6 betwe::n the e:urrent project plat and the City of Shorewood Wetlm1ds map. This discrepancy can best be demonstrated by superimposing the Ul.cest project plat with an e:srlicr plat by the same developer and by comparing the wetland basin boundaries with the City of Shorcwood map. It should be noted tha.! the earlier plat did not recognize this basin as a jurisdictional wetland. . It appears that Wetland 6 has been understated on the east and south sides where construction impact is most likely. It seems thac substanti.'llly more than 400 square feet of :fill will be :equired by the construction of the proposed ~"'Cet. . . Moreover, personal obsci-vation by adjoining residents over the years indicates 11 !3rger area of seasonal flooding tbel is present in 1996 when rainfaD. has been below non:n31 Please review the attacited transpa:rencit:s and maps and respond tl13Propnatefy. ;;;;Ld~~ Preg Laxson Rwresentativc for the Eureka Neighborhood Association c.c.~ s ko ~~Jc.."'c)J. 'S \-, 0 r-Q..I.() Qe~ \=,-1 C\ 'r\. " , ~ CO'l-r--.~ C < 1':\ c...C,","" ~ \ '..l -'l"'~ ; '. l J './" -- ._- :\2:0 =~:.: ------ ---- - ) ~... '.. ,.~ > - ..' - . '-::t ~ber e, 1996 '.i L~ !\".~ ~ D \If ~ fRll -1: :,r'[ .81996 ~l Robert Bean, Mayor, and ~ouncilPersons of the City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 25565 Smithtown Road Dear Mayor Bean and Members of the Council, . Discussion of my property is on the agenda for October 14. A~ I ~ill be unable to attend this meeting, I am respectfully requesting that the matter be postponed until the following mee t i ng . My daughter is scheduled for surgery in the late afternoon of October 14, and I will be with her throughout the evening. I am sure you will understand the importance of my being with her, as well as the importance of my being present when my property is jiscussed. The property is now safe and secure; it is not, however, boarded up, as I have been working there and have been showing it to prospective buyers. Yours truly, ./'7 /"/ "--~~ " .~' /: :aom i Car 1 son 5955 Cathcart Dr. Shorewood, Mn 55331 474-137E $8 , CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Mayor and City Council Brad Nielsen 10 October 1996 Morrissey, John - Appeal Notice to Remove Property - 5115 St. Albans Bay Road . Based on a neighborhood complaint the Building Official inspected the above-referenced property (see Site Location map - Exhibit A, attached) and found that brush had been cut and left piled on the site, in violation of Chapter 501 of the City Code. John Morrissey, owner of the property, was sent a notice to remove the brush piles within 10 days (see Notice - Exhibit B). Mr. Morrissey has since appealed this notice. In his letter (Exhibit C), dated 21 September 1996, Mr. Morrissey states that his property is a wetland conservation area "exempt from Chapter 501.01 as a protected wild life habitat area". Chapter 501 contains no such exemption. As you can see on Exhibit A most of the subject property is designated as wetland. Chapter 1102 of the City Code is the chapter which regulates wetlands. This chapter prohibits the I111ing of wetlands and placement of artiIIcial obstructions therein. Unless Mr. Morrissey can cite some statute which supersedes Chapters SOland 1102 of Shorewood's Code, it is recommended that the property be brought into compliance within the next 10 days. If he fails to correct the violation, the Public Works Department should be directed to make the correction, the cost of which will be billed to the property owner. If you have any questions relative to this matter, please do not hesitate to contact me on Monday. cc: Jim Hurm Tim Keane Larry Brown John Morrissey #9 A Residential Community on Lake Minnetonka's South Shore l' [;]10 ~a.n~lC) ~) 10 'J ~u :F. '.71Z"Ol" 4Z"., l:r175 .ul 03"'. 9'3 co ~ ,1>. ".. , ,.... :;~' I'" ..~., ,-,' , , , , , ---------- ~:' \ J. \;:;:,I U'1l ~ t.=l U \J VU ~ '<::::J :.:::1/ u ~ ~~lQ)~[ErJ(Q)(gJ[Q) C2 ~@ ~ Ntrl-k , ";:.~I 3 ~ ~ '" ..,: .... '"': .... '"" ..... ?~ ~: "::0". -:;.... ~ ~ :\ ... S S;;.:=_C ( r n .... ..!- ;:.. ~r. : ti~.1'!U .; :3;)5-:;;;, :...:; ""; ~ 1 (;3)~' .,:~:~ .( 12J10l1 . - '"' . '" ^~'1. -", ';' - ----- :' '3 ~ll. , ~_~___~~____ ~ -----~-----------~~~;----------- ! ';aU:; I ' . - . . 141 . _ '~:'. 'l. . _0 J59. 5 'f~o9' ~ ~ ~~~ (3) !T _...._...- ~~~ -~ ~~~ ~-- ~~ .-...--...- ( J 5i ~- ~-- sr2. , JJ..1JfiS S3CAg$ '" z: I; Exhibit A SITE LOCATION 'r ____~~ ;;~;.4~ ~ J'"30 oi . 42) I ~ (41) ""\ ! IS 1 S ,t;.t Z~ I"":;: ( 4..1) ,- Z~~ ADiO~\ !; ... fle'X' '3_. . ~c: ~~.. '':7:s.a~:._~_ .;:r;-~~ \ -....... ' 4/ I 1._ -=:: :: ~ ~~'.:\ \ ~.:' :.. .. - " ..'~" \, ~~- ~~..,:""'-' .::::" - . CITY. OF . SHOREWOOD 5755 COUNTRY CLUB ROAD -SHOREWOOD, MINNESOTA 55331-8927 - (612) 474-3236 DATE: 6 September 1996 . TO: John B. Morrissey 1601 North Tnnshruck Dr., # 204 Fridley, MN 55432 PROPERTY LOCATION: 5115 St. Albans Bay Road PROPERTY IDENTIFICATION NO.: 26-117-23-41-0020 NOTICE TO REMOVE Offensive and Unhealthv Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the following: Approx. 50 cu.yds. brush: cut and in piles . You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly sche.duled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may he necessary to. have t.he off.ensive matter re:novi:u. The costs incurred by the CIty for such removal shall be charged to the property owner and become a lein against the property. *** PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION *** BY ORDER OF THE SHOREWOOD CITY COUNCIL Exhibit B NOTICE TO REMOVE ,~ Rasidentiai ;_--;i.~l,rnm:j,-7i,::/ :Jr: :...Jt(,~ ,~,f;>;,:e:r;r;Ka': ;~:. ~/~ -:'i~("~_=: 501.01 501.01 . CHAPTER 501 GENERAL HEALTH AND SAFETY PROVISIONS SECTION: 501.01: 501.02: 501.03: 501.04: Offensive. Unhealthy Substances Storage of Motor Vehicle Fuels Open B uming Violation . 501.01: OFFENSIVE, UNHEALTHY SUBSTA1\TCES: . Subd. 1. Offensive, Unhealthy Substances Prohibited: No owner, agent or occupant of any privately owned lands or premises shall place upon or permit upon his premises any abandoned. discarded or unused objects or equipment such as nonoperative vehicles of all kinds,l motor vehicles not displaying a current State license, furniture. stoves, refrigerators, freezers, lumber, trash, debris, junk containers. machinery, implements, equipment which is no longer safely usable for the purpose for which it was manufactured. noxious weeds as defined in Minnesota Statutes, section 18.171, fallen trees. fallen tree limbs. dead trees. dead tree limbs. garbage (except in authorized containers). ashes. yard cleanings or any other foul or unhealthy material. Composting of leaves, grass clippings, and easily biodegradable. nonpoisonous garbage may be permitted, however, as provided in Section 507.02, subd. 3, of this Code. (Ord. 224, 5-14-90) Subd. 2. Notice to Remove: When there exists on privClte property a condition which is in violation of subdivision 1 above, a notice to remove the offensive matter shall be served by the City Councilor its agent upon the owner, agent or occupant Such notice may be served personally or maybe served by mail. In all cases where such owner is not in the City or can not be found therein. then notice shall be sent to the last known address. Such notice shall describe the matter to be removed and require the removal thereof within ten (10) days, including Saturdays, Sundays and holidays. COrd. 95, 8-22-77) Subd. 3. Failure to Remove: If. at the end of said ten (10) days following service of such notice, the offensive matter has not been removed, the City shall cause removal and disposition. A motor vehicle removed under this S~ction shall be disposed of as an "abandoned vehicle" pursuant to Chapter 503 of this Code. (Ord. 221, 1-22-90) I. See usa Chapter 503 of :his Cod.::. :C9: 501.01 501.03 Subd. 4. Costs for Removal a Special Assessment: All costs incurn:dby the City for the removal and disposition of all offensive matter shall be assessed. levied and collected as a special assessment payable against the premises from which it was removed. in the manner provided by law for the levy and coIIection of other special assessments. cOrel 95. 8-22-77; amd. 1987 Code) . -~.. _.__.-.._-~+ - ----.----.- - .------- .---.--- . o Large envelope. magazine, catalog, ele. o Parcel 'Print) It- Address _ /&0/ /Y. ::Z;VC,{;'l~Jk. ~.y Received By (Print Name and Sign) X Customer: Describe any Visible Damage o Delivery Restricted to Addressee o Perishable Item o Delivered By : Date PS Form 3849, December 1994 Delivery NotlcelRemlnderlRecelpt . CITY OF SHOREWO 5755 COUNTRY CLUB ROAD SHOREWOOD. MINNESOTA 55331.8927 John B. MOfrisscy 1601 North lnnsbruck Dr.. ;; 204 Fridley, MN 55.:i.32 - "..;,;..-- - ::v:. / ;.;:-- \~ ~ .-....!'-!.~- t\ \ \. l'~ v /1 '"1 /' ~~~7".;;.2./.:.,(""..)2". I ,I I J "T,J. .II,I IJnln Lt tlll,IL III (J It, t.Sh.I 1;-: "...'" ...... j- ,-' '3y September 21,1996 To: City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331-8927 NOTICE OF APPEAL ~ John Morrissey owner of property located at 5115 st Albans Bay Road and cited as in violation of Chapter 501, Section 501.01: Offensive and Unhealthy Substances, to wit: Approx 50 cu. yds. brush cut and in piles. The aforesaid property is a wet land conservation area exempt from chapter 501.01 as a protected wild life habitat area. ~ Final Notice of Violation was recieved September 12, 1996. Signed for by my brother. I received Notice September 21, 1996. I therefo e give NOTICE OF APPEAL TO THE SHOREWOOD CITY COUNCIL on Sept m er 21, 1996. Signed i '..~ JOHN rV10hRISSEY 1601 N. INNSSP.UCK Crt ,2~ ;:~l~i 2'./ ~jf'j ~':;4';? ""'J .u,- - / ij :995 :i '-' Exhibit C LETTER OF APPEAL ----- . . To: From: Date: Re: Mayor and City Council James C. Hurm, City Administrator October 4, 1996 Staff is recommending that the Council consider the following addendum to the ordinance: Possible Amendment to the Proposed Snowmobile Ordinance 802.02, Subd. 1 - New E. Such other locations as designated by resolution of the City Council for supervised training. Snowmobile safety training, which is to be conducted by Officer Keller, consists of two parts. The second part is hands-on training. It was suggested that the hands-on training be done in perhaps the Freeman Park parking lot. This amendment would allow the Council to approve such usage. #JD ,4lo. __ . . CITY OF SHOREWOOD OFFICIAL SUMMARY OF ORDINANCE NO. The following is the Official Summary of Ordinance No. _, approved by the City Council of the City of Shorewood, Minnesota, on October 14, 1996. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SHOREWOOD, MINNESOTA, AMENDING CHAPTER 802 OF THE CITY CODE, RELATING TO REGULATIONS OF THE USE AND OPERATION OF SNOWMOBILES WITHIN THE CITY OF SHOREWOOD 1.) Section 802.01 was amended to add definitions including the "LRT Right-of-Way," the "LRT Trail", "Right-of-Way", andthe deletion of certain previous definitions. Section 802.02 was amended to specify the operation of snowmobiles within Shorewood generally and more particularly provided for the location of the operation of snowmobiles within the corporate limits of the City of Shorewood limited to the LRT Trail, certain public waters within the City, but not closer than 150 feet to the shoreline, on private property with the express permission of the property owner, and on right-of-way subject to limitation of this Ordinance. 2.) 3.) Section 802.01 establishes speed limits within the City at 20 miles per hour on the LRT Trail, 10 miles per hour on all other public right-of-ways and 10 miles per hour on public waters closer than 150 feet to the shoreline. 4.) Section 802.03 provides for a limitation on the hours of operation between the hours of 11 :00 p.m. and 7:00 a.m. on Friday and Saturday and between the hours of 10:00 p.m. and 7:00 a.m. all other days. 5.) The Ordinance provid~s for penal provisions for violations. A printed copy of the Ordinance is available for inspection by any person in the office of the City Clerk or the Excelsior Library. PASSED AND ADOPTED this 14th day of October, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator . . A'" City of Shorewood Ordinance No. CHAPTER 802 SNOWMOBILES SECTION: 802.01: 802.02: 802.03: 802.04: 802.05 : 802.06 802.07 802.08 802.09 802.10 Definitions Operation Generally Manner of Operation Equipment Application of Other Laws Persons Under Certain Age Leaving Snowmobile Unattended Chasing Animals Forbidden Littering and Obstructions Violations 802.01: DEFINITIONS Subd. 1. BOULEVARD: That portion of a street right-of-way not occupied by pavement. Subd.2. LRT RIGHT-OF-WAY: That portion of the Hennepin County Regional Rail Authority right-of-way within the City of Shorewood commencing on the east at the City of Excelsior corporate boundary and extending west to the City of Victoria corporate boundary. Subd.3. LRT TRAIL: That portion of the LRT Right-of-Way maintained for the use of the public for non-vehicular purposes. Subd. 4. OPERATE: To ride in or on and control the operation of a snowmobile. Subd.5. OPERATOR: Every person who operates or is in actual physical control ofa snowmobile. Subd. 6. ORGANIZED EVENT: An event sponsored and conducted by the Park Commission, the Chamber of Commerce, Jaycees, American Legion or similar Council-recognized civic groups or associations. _Ao.. Subd.7. OWNER: A person, other than a lienholder, having the property in or title to a snowmobile and entitled to the use or possession thereof. Subd.8. PERSON: Includes an individual, partnership, corporation, and any body of persons, whether incorporated or not, the State of Minnesota and its agencies and political subdivisions, except this defmition does not include police officers or duly authorized and uninformed snow patrol personnel in the performance of their duties. Subd.9. PLOW RIDGE: The bank of snow remaining at the side of the road after the plow has passed. Subd.l0. RIGHT-OF-WA Y: Any property established for the use of the public for street or highway purposes by any Federal, state, county or local government, by dedication, gift, or statutory use, whether developed or undeveloped, paved or unpaved. . Subd. 11. SAFETY or DEADMAN THROTTLE: A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. Subd. 12. SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice or natural terrain steered by skis or runners. Subd.13. STREET or HIGHWAY: The entire width between boundary lines of any right-of- way or place when any part thereof is open to the use of the public, as a matter of right, for the movement of vehicular traffic. 802.02: OPERATION GENERALLY: . Subd. 1. WHERE OPERATION PERMITTED: A person may operate a snowmobile within the corporate limits of the City of Shorewood in only the following locations: a. The LRT Trail. b. Public waters as permitted by resolution of the LMCD or Shorewood City Council, but not closer than one hundred fifty feet (150') to the shoreline except when entering or exiting the public waters traveling in a line perpendicular to the shoreline. c. On private property with the express permission of the property owner. d. On Right-of-Way subject to the limitations set forth in this section. e. Such other locations as designated by resolution of the City Council for supervised training. 2. -- f. A person operating a snowmobile in any part of the City of Shorewood except as provided herein shall be guilty of a misdemeanor. Subd. 2. No person shall operate a snowmobile upon the roadway of any street or highway except for the purpose of direct travel from the person's home to the closest destination where snowmobiling is permitted by the shortest possible route and then only if travel on the adjacent street or highway right-of-way is restricted because of developed yards or physical barriers. Subd. 3. Persons may operate a snowmobile on the street side of the plow ridge and avoid obstacles by going into the street, not onto the boulevard. While traveling on streets, snowmobiles shall drive in the direction of traffic. Subd. 4. A snowmobile may make a direct crossing of a street or highway provided: . a. The crossing is made at an angle of approximately ninety degrees (900) to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. c. The operator of the snowmobile must yield the right-of-way to all oncoming traffic. d. In crossing a divided street or highway, the crossing is made at an intersection of such street or highway with another public street or highway. e. The crossing is made with both front and rear lights are illuminated. . Subd.5. Speed Restrictions: Where no special hazard exists, the following speeds shall be lawful, and any speeds in excess shall be deemed unlawful. a. Ten (10) miles per hour on any street or highway within the City; b. Ten (10) miles per hour when operated on any public waters within the City closer than one hundred fifty feet (150') to the shoreline; c. Twenty (20) miles per hour when operated on the LRT Trail unless the snowmobile is within thirty feet (30') of a pedestrian at which time the operator shall be required to slow the snowmobile to ten (10) miles per hour. Subd.6. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians. ,., .J. .. Subd.7. When entering the LRT Trail the driver must come to a complete stop before proceeding. Subd.8. Notwithstanding any prohibition in this Chapter, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when snow upon such thoroughfare renders travel by automobile impractical. Subd.9. No person shall operate a snowmobile on the shoulder of the LRT Trail or in the ditch or embankment, except for the purpose of entering or exiting the trail. Subd. 10. An operator shall bring the snowmobile to a stop and switch off the engine when flagged by a police officer or duly authorized uniformed snow patrol member. Subd. 11. When users meet on the LRT Trail each shall proceed as far to the right of the LRT Trail as possible to provide safe passage. . 802.03: MANNER OF OPERATION: Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City in the following manner: Subd. 1. At any place while under the influence of intoxicating liquor or narcotics or habit forming drugs. Subd. 2. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Racing is prohibited except as may be specifically authorized as part of an organized event, which authorization shall be by permit issued by the City Council. Maximum speed limits shall be set from time to time by Council resolution. . Subd. 3. At any place in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. Subd.4. So as to tow any person or thing except through use of a rigid tow bar attached to the rear of the snowmobile. Subd.5. When the noise level of the snowmobile exceeds seventy-eight (78) decibels on the A Scale at a distance offifty feet (50') from the snowmobile. Subd.6. At anytime within the City between the hours of eleven o'clock (11 :00) P.M. and seven o'clock (7:00) A.M. on Friday and Saturday, and between the hours often o'clock (10:00) P.M. and seven o'clock (7:00) A.M. on Sunday through Thursday. Subd.7. At any time between the first of April and the thirtieth of November. 4. Subd. 8. Abreast of another snowmobile except when overtaking and passing another snowmobile. No passing shall be allowed if a pedestrian is within thirty feet (30') of the snowmobile. Subd.9. At any location outside of the LRT Trail within the LRT Right-of-Way, unless the Operator's property abuts to the LRT Right-of-Way and travels across the LRT Right-of- Way in a perpendicular line from the property owner's property line to the LRT Trail. 802.04: EQUIPMENT: It is unlawful for any person to operate or for the owner to cause or knowingly permit the operation of a snowmobile any place within the limits of the City unless it is equipped with the following: . Subd. 1. Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Minnesota Rules part 6100.5700, subp. 5 which certifies that a new snowmobile complies with the noise limitation requirements of this rule. A manufacturer shall make such a certification based on measurements made in accordance with the SAE Recommended Practice Jl92(a) as set forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers, September 1970 and revised November 1973. Subd. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. Subd.3. A "safety or deadman" throttle in operating condition. . Subd. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500') to the rear during the hours of darkness under normal atmospheric conditions. The lighting equipment shall be illuminated at all times the vehicle is operated. Subd. 5. Reflective material at least sixteen (16) square inches on each side, forward of the handlebars, so as to reflect or beam light at a ninety degree (900) angle. 802.05: APPLICATION OF OTHER LAWS: City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, and Minnesota Statutes, sections 84.81 to 84.88 and Minnesota Statutes, chapter 169, as amended, and 5. , .4._- . . except for those provisions relating to required equipment, are hereby adopted by reference. 802.06: PERSONS UNDER CERTAIN AGE: Subd. 1. It is unlawful for any person under fourteen (14) years of age to operate on streets, highways, public lands or frozen water or make a direct crossing of a street or highway as the operator of a snowmobile unless accompanied by a parent or guardian. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets, highway, public lands or frozen waters as permitted under this Section and make a direct crossing of a street or highway only if he/she has in his/her immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources. Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this Section. 802.07: LEAVING SNOWMOBILE UNATTENDED: Every person leaving a snowmobile in a public place shall lock the ignition and remove the key from the snowmobile. 802.08: CHASING ANIMALS FORBIDDEN: It is unlawful to intentionally drive, chase, run over, or kill any animal, wild or domestic, with a snowmobile. 802.09: LITTERING AND OBSTRUCTIONS: Subd. 1. No person shall deposit paper, litter, rubbish, or debris on public or private property, or throw paper, litter, rubbish, or debris from snowmobiles. Subd. 2. No person shall place obstructions, including ice blocks, on publicly-owned lands or frozen waters so as to interfere with the lawful use thereof by the public. Subd.3. All traffic control devices used for routing snowmobile traffic away from private and public property shall be located on the same private or public property and shall be in place no earlier than November 1 and shall be removed on or before April 15. 802.10: VIOLATIONS: Any person violating the provisions of this Chapter is guilty of a misdemeanor. (Ord. 245, 10-28-91) 6. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474.3236 NIEMORANDUM TO: Mayor and City Council Jim Hurm, City Administrator /A6 Larry Brown, Director of Public W orks ~ FROM: . DATE: October 10, 1996 RE: Request for a "Parade Permit" which requires closing Smithtown Road from Christopher Lane to Minnewashta Elementary School Exhibit one is a request for a "Parade Permit" for Kids Safety Sunday. This event has been scheduled on Sunday October 27, 1996, and will emphasize safe biking and hiking rules. The original request was for total closure of Smithtown Road between Country Club Road and Minnewashta Elementary School. This was planned such that residents could take advantage of parking at the City Hall parking lot and have kids bike and hike to Minnewashta Elementary School for events and information booths. Participants would then return to City Hall as their final destination. . During the review of this request, I was particularly concerned about the safety of pedestrians crossing Country Club Road at County Road 19. The applicant agreed that. maybe a more appropriate beginning and ending point would be at Minnewashta Elementary School. Participants could bike and hike to the area of Christopher Lane and return on the same path. This would avoid the more heavily used intersections along Smithtown Road, such as the American Legion driveway, the Minnetonka Country Club, and County Road 19. The City routinely considers several "Parade Permits" a year which require the temporary closure of local streets. However, since this request involves the closure of a collector roadway in addition to closing off access to those residents who live along the route, staff is seeking direction from the City Council. if the City Council feels the permit should be granted, the Public Works Department would supply the barricades to block off the roadway, and traffic vests for those coordinating the event. Since Smithtown Road would be closed between the hours of 1 :00 p.m. to 3 :00 p.m. notices would have to be circulated well in advance to all those homeowners whose access would be affected. A Residential Community on Lake Minnetonka's South Shore .:/FIt To: Mayor Bean and City Council, City Administrator City Of Shorewood 5755 Country Club Rood Shorewood, MN 55331 From : Christine Lizee 27055 Smithtown Rood Shorewood MN 55331 October 8, 1996 I would like to request a "Parade Permit" for the KIDS SAFETY SUNDAY biking and walking event which will take place on Sunday, October 27, 1996. This parade will emphasize safe biking and hiking rules and encourage our younger Shorewood citizens to "let safety be their guide" when they go biking or . hiking! Our parade will commence and end at Shorewood City Hall's parking lot and the parade route will travel NORTH on Country Club road and cross to head WEST down Smithtown Road for a mid-point gathering at Minnnewashta Elementary School's parking lot before returning to City Hall. We would like the "Parade" portion of Smithtown Road blocked off to permit safe travel for all children and families that will be participating in the KIDS SAFETY SUNDAY parade from the hours of 1:00 p.m. to 3:00 p.m. on 10/27/96. Jf An alternate parade "ORIGIN" and "END" location may be at the S,horewood VFW, aithough confirmation of that location Is not assured at this time. . Please call me with any questions you may have at 470 - 5338. Thank You !!! ~ C\w~ UffU Christine Lizee /7 " :::\(,_ cJ-'Vl..CJ'.-.. '~ . ,.' / A"., . - ,..;';;'-sf.,-~ ~\..-~~ - ~ r 2/'-\~e'-7 ~t-J ?1'\{) c^"~.. /v~\iV~ ". . i.- ....( \ c...-' -. I , 10 - .. \..'> c.<-'\. , . , :" .~~...,..:;."""V\ ( CA.-v c.>'-C- C;U/ ~ ' \~l.L,l .Jd\. ~ Q'1/' s,,~, /-.., '/) I \ yf,~ ~-c,,-cr-';;k::.,.. ~ L), v~ZXq':/"'ev \~"- 1"""0 '\ v,- v t:\ s ~. . CKNO 19350 19351 19352 19353 19354 19355 19356 19357 19358 19359 19360 19361 19362 19363 19364 19365 19366 19367 19368 19369 19370 19371 19372 19373 19374 19375 19376 19377 19378 19379 19380 19381 19382 19383 19384 19385 19386 19387 19388 19389 19390 . CHECK APPROVAL LISTING FOR OCTOBER 14, 1996 COUNCIL MEETING CHECKS ISSUED SINCE SEPTEMBER 25, 1996 TO WHOM ISSUED PURFCSE MINNESOTA HUMANE SOCIETY DONATION-MEMORY OF D. VOGT ARMOR LOCK & ALARM SVCS QTRL Y MONITORING GOVERNMENT TRAINING SVC BLDG CODE SEMINAR-PAZANDAK AT&T WIRELESS AIRTIME PEPSI COLA COMPANY POP PURCHASElRENTAUMISC DANIEL RANDALL BOOT REIMBlSEC 125 REIMB US WEST COMMUNICATION BELLBOY CORPORATION L1QUOR/MISC BELLBOY BAR SUPPLY SUPPLlESlMISC GRIGGS, COOPER & COMPANY L1QUOR/WINE/MISC JOHNSON BROS LIQUOR L1QUOR/WINE LAKE REGION VENDING MISC MARLIN'S TRUCKING FREIGHT PAUSTIS WINE COMPANY WINE PHILLIPS WINE COMPANY L1QUOR/WINE QUALITY WINE & SPIRITS WINE US POSTMASTER 3RD QTR U/B POSTAGE FIRST STATE BANK FED/FICA TAX PERA. PERA. ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID PERA. OCTOBER PERA LIFE INSURANCE MEDICA OCTOBER HEALTH INSURANCE MEOCENTERS OCTOBER HEALTH INSURANCE GROUP HEALTH OCTOBER HEALTH INSURANCE LEAGUE OF MN CITIES OCTOBER DENTAL INSURANCE MINNESOTA MUTUAL LIFE OCTOBER SIT DISABILITY COMMERCIAL LIFE INSURANCE OCTOBER LIFE INSURANCE AFSCME COUNCIL 14 OCT DELTA DENT AU UNON DUES MN DEPARTMENT OF REVENUE STATE PAYROLL TAX COMPUTER CITY COMPUTER WARRANTY KATHLEEN HEBERT SEC 125 REIMB PATRICIA HELGESEN SEC 125 REIMB HENNEPIN COUNlYTREASURER AUGUST PRISONER EXPENSE JAMES HURM MILEAGE/CONFERENCE EXP. BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE POSTAGE BY PHONE POSTAGE FOR METER VICKI STROMBERG FALL NEWSLETTER Page 1 AMOUNT $25.00 145.12 30.00 207.80 240.13 144.96 710.30 3,895.53 158.20 7,547.88 3,417.67 540.64 228.00 249.55 2,543.39 17.15 479.98 7,203.28 2,213.84 796.30 842.00 139.44 45.00 4,341.04 1,549.99 1,492.28 535.96 85.50 81.20 311.10 1,250.04 160.00 187.50 502.00 882.12 970.93 100.00 3,514.57 81.84 1,000.00 120.00 ;$ . CKNO 19391 19392 19393 19394 19395 19396 19397 19398 19399 19400 19401 19402 19403 19404 19405 19406 19407 19408 19409 19410 19411 19412 19413 19414 19415 19416 19417 19418 19419 19420 19421 . CHECK APPROVAL USTlNG FOR OCTOBER 14, 1996 COUNCIL MEETING CHECKS ISSUED SINCE SEPTEMBER 25, 1996 TO WHOM ISSUED PURF03E CITY OF TONKA BAY OCTOBER RENT-TB LIQUOR US WEST COMMUNICATIONs/ADVERTISING WASTE MANAGEMENT OCTOBER WASTE REMOVAL GRIFRN COMPANIES OCTOBER RENT-LIQUOR I QUALITY WINE & SPIRITS L1QUORIWINE RYAN PROPERTIES OCTOBER RENT-LIQUOR II VAL-PAK ADVERTISING ALERT FIRE & SAFElY ARE EXTINGUISHER BROWNING FERRIS IND WASTE REMOVAL HENNEPIN COUNTY TREASURER 2ND HALF PROPERTY TAXES METRO COUNCIL ENVIRONMENT SEPTEMBER SAC US WEST COMMUNICATION DAVID WILLIAMS REFUND SAC DONNA DEWITT ESCROW REFUND MARK WARREN HOMES REFUND SAC RON'S MECHANICAL PERMIT REIMB. THOMAS lWISS REFUND CO PERMIT BELLBOY CORP. L1QUOR/BEER/MISC BELLBOY BAR SUPPLY MISClSUPPLlES DAY DISTRIBUTING BEER/MISC GRAPE BEGINNINGS, INC WINE GRIGGS, COOPER & COMPANY L1QUORIWINE/MISC JOHNSON BROS UQUOR CO. L1QUORIWINE LAKE REGION VENDING MISC MARK VII BEER/MISC MARLIN'S TRUCKING FR8GHT NORTH STAR ICE MISC PAUSTlS WINE COMPANY WINE PHILLIPS WINE & SPIRITS L1QUORIWINE QUALITY WINE & SPIRITS L1QUORIWINE THORPE DISTRIBUTING BEER/MISC TOTAL CHECKS ISSUED Page 2 AMOUNT $1,000.00 564.76 152.00 5,793.51 371.56 2,576.88 485.00 70.79 33.66 1,759.87 1,782.00 159.49 900.00 64.31 900.00 123.00 20.00 3,590.68 132.56 9,216.85 183.90 14,574.80 8,764.56 974.39 5,574.10 232.00 499.32 551 .48 5,277.66 1,449.06 17,836.05 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR OCT. 14, 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT 19422 A-1 MTKA RENTAL CEMENT MIXER RENTAL CITY GAR 28.13 19423 ADAM'S PEST CONTROL, INC QTRLY SERVICE 19424 AMERICAN ENGINEERING 1/.J{iTEFi: 'rOV.JEF<: 19425 JEFF REINHART DBA SEPTEMBER JANITORIAL 19426 B & J AUTOMOTIVE TIF<:E REP(iIH 19427 BIFFS. INC. PORTABLE TOILET RENTAL 19428 BRYAN ROCK PRODUCTS, AG LIME/INFIELD CATHCART If,.jC. .9429 iJU3It--jE::::;S HE(iLTH SEFi:VICES 19430 CBI NA CON. INC (iLCOHOL. TE~3T PFi'O,JeCT 9::,....2 19<.131 .J Fi:f<. . I f...jC ~:) E: 1::: () SEED *** TOTAL FOR JRK. INC 19432 CATCO PARTS AND SERVICE REAPIR DRIVE 3HAFT 19433 CHA3KA iJLDG CENTER. INC CEhENT ....B(\DGEFi: 19434 COLLINS ELECTRICAL 3YSTEM SIGNAL REPAIR 7/0MR 19435 COORDINATED BUSINESS SY3T TONER 19(-1:36 -r...."..! ~'~:.J ~q.,:,) CR03STOWN-OCS, INC. C: () F:' F::- E:. !::: DAVIES WATER EQUIPMENT CO GAS DETECTOR h:EP(i I Fi: 19438 HARRIGAN. JOHN W. . MEDIATION SRV-DETRUDE 19439 ECONO 3IGN & BARRICADE TFi:(;~FFIC SIGf"'J,~:) 19440 EVANGELINE SPECIALTIES S I GH~3 ....FJF<O.J 96 "'F~ 19441 E-Z RECYCLIHG INC. SEPTEMiJER RECYCLIHG 19442 FIHA FLEET FUELING FUEL.. 19443 SCANTRON-FPC hAIHTENANCE AGREEMENT MUr...j E3LDG MI...I(j BL.DG PUE; I/Jf<'S FJ :~~1 F; }<. ~) S<. 60..17 71;:~,,. 20 260,,00 ~5 ~~) ,.. (. () ::: ,) () :4 ~2 f~ :5~:~.1 N 27 :2(;t '4 ()C) :24l , ~l-(;t() ". .5.:::;. I~:;t .::;. (+ ,.. ~:.~ ~:) -------- 654,,97 1,.309" ':)5 PUiJ '/.Jf{S TR(iF Cor",J, GEr",J, GO"iT ["jUt'{ iJl_DG ;:)e!;.JEFi: DE PF<OF SEF,' T Fi' (,~ F CO r",j F,lEC''{CL I (.,.j CIT'!' G(iF? F I r--~(\(1CE 19444 FRONTIER ELECTRIC MOVE LIGHT POLES/REWIRE -------- .1 ,) <~1. <~{. .:'::1 C\.. L " CONTRACTING. INC" PROJECT 95-14 -15 PROJECT 95-14/95-15 *** -1.O'TA1._ F::()R Ci.l._. (:C)N'TR~~C~'l-:Ij~l~~~ ,rl~ /.~. /~- :~::, t:~ 1'2, ;-..: !.J! ..: r I () r....~ r j-,!l ~:~:; CJ Ll r i -.\ :,:';; t--; C) F~: ;::~ , '., Page 3 170.2":. '))''::.)~:.1 ,~ ::' ~;) :~, r) " '2 <<j lE:,3:~ :2-5 .5.1 ,~ Sif~ '243" 7':) 100,,00 (.j.~::.8" 10 199" ;;:';,1 !.j.. :?SS" 00 ~.5 .~~::l e~ ,~ t) t~ 1..418..0() (:;. :.~ .:-::, -5 () ,. () () ':;> :~ (~. ().4 ,. ();3 5 E:, (,.::' r: .. 4 :'-', '2 '~:.; ~~ :2.5 ~~l '. ~7:i CITY OF SHOREWOOD CHECK APPROVAL LIST FOR OCT. 14, 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT 19447 HOPKINS PARTS COMPANY FAN BEARINGS PUB WKS 65.31 19448 LANO EQUIPMENT. INC. POWER AUGER-BADGER PLAYG 19449 L (:IF<~K I I"'J, . HOFFMAN. DALY... AUGUST LEGAL (~UGUST LEG{iL *** TOTAL FOR LARKIN. HOFFMAN, D(lL 194~,O Mr:iC US[F<~ SUBSCRIPTION 19451 MAC WAREHOUSE i-=<(~M DOUi3LEF~ 19452 MIDWEST ASPHALT CORP. (:4 SFJf"I(iL or .... .,,'7 ':.:1 t:{. .~:;. ...~) 1'1 I I"'J, j.....! C () 1''1 j"j P (i U I I"'J, G FJ {{ (l ~:: F~~ 19454 MINNESOfA DEPT OF HEALTH 3RD QTR WATER CONN ~LL 19455 MINNEGASCO UTILITIE3 UTII_ITIE;:: UTlL.ITlf::S UTll_ITIES UTILITIES UTILITIE:S UTILITIES UTILITIES UTILITIE:3 *** TOTAL FOR MINNEGASCO .1. ...) t.1. E:, e~ AQd'~'-7 ~...t'... MR. CHIPS STUMP REMOVAL STUI"iP r~E:I'10V(~L NAVARRE TRUE VALUE ELECTION SUPPLIES P(~RK SUFJFJL I E S *** TOTAL FOR NAVARRE TRUE VALUE 19~! d I"J,OF\)THEF<~I".i ~)}"ICIi=J ::::LIF)::)1_ I E:S 1';'14':;:,9 ORR,SCHELEN.MAYERONjASSOC JUN-AUG ENGINEERING JUN-AUG ENGINEERING JUN-AUG ENGINEERING JUN-AUG ENGINEERING JUN-AUG ENGINEERING JUN-AUG ENGINEERING JUN-AUG ENGINEERING JUN-AUG ENGINEERING JUN-AUG ENGINEERING JUN-AUG ENUINEERING JUN-AUU ENGINEERING :~~k~~ TOTAl_ f~()R ORR~S(:J~E~l..f~N~~1(~Y!~RON/ L <) l~ (~ () :~) (~{ F'i h: (i (.j l C ,i (:; ~3 ~:: () C: T (~{"r E~ ~3 ::i : I: (.~ c: (:~"!ljRCt..: RU ~:::t?()..j~C;l' (.:;. I' -. ~)! ; ; Page ;;J. j::J F~~() r: ~3 E: f? ~? :5 (i. '. 3 () .1. :~ (~~?:2 ,~ :2() 765.00 :2 ~ ::::';3"7 I. :?() GEr"'J, GOVT GEl"'J, GO\/T :3 "r F<~ E: E~ 'r~) t/J()T[F~ DE 14.99 .57 '4 ~:').::l 1" ()1(, " 7C::, 1.1. :. ~~: (:~ 1,,270.00 WATER DE 59.20 WATER DE 122.86 .-.....---...-.-.-...- '7~56 WATER DE 21.09 CITY GAR 65.22 PARKS & 1.3~93 MUN BLDG 22.76 --'-'-"-'-'-'- 9H8~3 -------- 14.38 Th'EC f'i(lI G[[",' GO'v'T j:J{iF<h.~) 8< CITY C?i1~~lF~~ Ph'OJECT~:) 33(:~, H :~~r~ 180" O(l 1.70 6.90 8", (.() c1.1 I. 4.3 1" 02~::,. 00 ? " 3~37 . SO ~2.1 ~ .5'7 t~ 'e .~::I ~3 9,,1::::'1..2if (;t ~:~ , 2' () t., ,. ::?'7 2 7 "r~r:.5 " ') <~. 1,,0,(10. SO 5 ;s ~3.1(:,~ ,. ~?l1 41" O(l 82.. (ll) ~:~ t~~. -5 ,~ () () Ph'()F ,r_._;_....;..., ,:)Cn 1 (:~- () jj .~) (~{.:-::( ,. (~j () {', ~::I", CJ(J CITY OF SHOREWOOD CHECK APPROVAL LIST FOR OCT. 14, 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT SEPT PROSECUTIONS *** TOTAL FOR POTTS, KENNETH N. 19462 QUALITY DECISIONS, INC PROF SER 1,508.33 1.;J c).13 >4 3:~~ SATISFACTION SURVEY RESE COUNCIL 101.1...34 19463 RYAN CONTRACTING, INC. Ph:O.JECT '';1:;....16 19464 ROUSE MECHANICAL. INC. 3.5 :1 4. ~;i ~~~ >4 ~~. t., 19465 SEARS COMMERCIAL CREDIT FURNACE REPAIR+-l"AX BADGE PARKS & 94,.11 PL I EF?S SET 19466 SHORE WOOD TREE SERVICE TF?Ir1 ,11 PEr10VE 19467 SHOREWOOD TRUE VALUE . SUPPL. I ES SUPPLIES SUPF'L I ES *** TOTAL FOR SHOPE WOOD TRUE VALUE 19468 SO LK MTKA PUB SAFETY DEP AUGUST BOOKING FEE 19469 SUBURBAN TIPE CO.. INC. TIF.:E TUBES 19470 SUPERAMERICA F:UEL 19471 THOMAS MFG COMPANY, INC. PICNIC TABLE LEGS BEr"'lCHES./GF? ILLS *** TOTAL FOP THOMAS MFG COMPANY. 19472 TIME SAVER OFF SITE SEC r"lI r",jUTES {"1 I r",jUTES TOTAL FOR TIME SAVER OFF SITE *** .)473 TOLL. G(iS ,~< 1/,}ELDIf'--IG OXYGEN CYLINDER LEASE/RE 19474 TONKA BAY-CITY OF 3RD QTR WA/SW PURCHASE 3RD QTR WA/SW PURCHASE 3RD QTR WA/SW PURCHASE *** TOTAL FOR TONKA BAY-CITY OF 1947::;, TSP,/EO~3 SOUTHSHOPE SR CTR 19476 UNITOG RENTAL SERVICES U(1 I F(JF.:r1S 19477 WIDMER, INC. CUL VEF<:T 1.94.7~3 LAKESI'~C)RE WEEKI_Y NEWS LEO (iDVEITT I Sf'iEN r .5 ::~:.5 '4 () ~~) CITY GI~iF<' TF.:EE 1'1(lI 1 " 740. 00 GEl'--I. GOVT CIT"/ G()F<~ ItJr:~TEh' DE: 9 ,.1~S 14.07 3,4.12:, :2 (,\ ,. ,.~) ,_:"1 f)()L~ I C:E: FJ 217.82 P t.J lJ II'} f<' S .lt~ '. ~3~) CITY' C(lh' 45.1.69 F) t~ F~~ }<. ~:) 8<. (:~ I:;) (, .. 3 () 1,047.59 .1 ~1 7 t:l3 .. f>'~; CEN GOVT 305.25 PLANNING 234.50 .:::,~5'~) ,. "7.5 CITY GAR 313.29 WATER DE 300.37 SEWER DE~ 233..15 -------- 119.20 (:,52.72 1,'';/1'6.69 CITY' G(lF< :.;7':~),. ')"7 4 , OO() .. ()O GEr".j GOVT ..S .~;.~ '. () () 19479 MN SUN PUBLICATIONS CLASSIFIED AD GEN COV1 00 Li:::G(iL (iD.................. 1~;:2. 1)8 *** TorAL FOR MN SUN PUBLICATIONS a~b.08 "" TOTAL CHECKS FOR APPROVAL Page 5 .J .. . c:: H r:::. C ~{. I~' I:: G I :~3 r '::' h~ CHEC:<. [:1-11:: c:.<. El"iPLOy'i:::;::: r'J. (4 i1 E: C:I.'I,:::C:}{ C ~.'ll:: C: l{ T'y'PE: D(;;\T[ NUf'iE;Er~ i"J. U 1'1 E;; E f:< ()1"'10Ur".!T CO 1"'1 10 01 '~t.' 101 SCOTT ('1 w 8;::)f.( TLETT 2.11056 (~~;:3 .. 76 C:Or'j 1() 01 ~?~l 1.10 CO/"!i'!IE D. ~3 f'1 ~'31" 'y' R :211()::,7 ?~? i.:.:( ,. 49 CO/"i 10 01 96 1.15 U4vJf~ENCE f-'-i .. 13f-<0 i;.JN 2.1.1()-5~?; 13::2'7 .. 24 C011 .lO 01 S.)6, 32.5 (4NGEL(4 (-1 w COLE 2.1105') 33~3 .. 76 CO("j 10 01 '?t, 37.5 .JODI f~ .. DALLM(;~N :2.110(,0 74 .. ;:::;(::. C01'1 10 01 96 500 CHf~F~U:S 'w' Dl~ V I S :21.1()61 7,5~:~ ()I.) "" .. C01"'1 10 01 Cj(, 775 J f~f'iES C .. Ef~Klr-J.S 2110(.,2 7 :L~:, .. \<;',1 Cm1 10 01 Soil::', 870 KELL.Y f:J .. FL;:.'iNAGf~N :2 J. .1 0 .~, .:S 20 .. ~2r) CO(,,'j 10 01 ':"1(, 110:;. f<'EF~T ANr-J.E G r~~ t~ i::: 21.1064 (~C' - .17 C()1"'1 10 01 96 1.190 KP1THLEE1..j (~ .. HE::i3EF<~ T 2.1.1.065 61:2 .. ,:1.,;:- COh 10 01 9':', 1400 PAHUCIA R .. HELGESEN 2110.:',6 .5 6, ~I .. .19 C01"'1 10 01 96 ,14.15 SH~'iI/Ji'.j D HEMPEL :21..1067 48 7.1 .. .. ~l.. COf'i .10 01 96 1445 JASON D .. HENDI~ I CKSON 21.1068 .5()3 " :21 cm'j 10 01 () t,} 1550 J(~f1ES C , HU}~1'1 :2.1,106'~;;' .1692 " ()4 COI'1 10 01 ~;J~'I 15,7.5 GLENN E " ILLIG 2.11070 314 .. 44 . COh 10 01 ,)t., 1700 .JEFFF;~EY A .. JEHSEN 2.1107.l 860 .. 79 CDr1 10 01 96 1:300 DENNIS D. JOHNSON 21..L()72 8().5 '~...' ". " '-,,,-,' C()r1 10 0.1 96 .1950 M(~'iFHTN L. .. JONES 2.1..107:3 73 ,. .5() Cm1 10 01 9l<:'l :2100 vHU_I(~i"i i'" .. .JOSEPHSON 2.11()74 t.\ 3 ~2 .. 5l~:O Cm'i 10 01 9t~., :2500 SUS{~(.! r'i LI::\TTER1..jEi:;< 21.1.075 ~~,(q.2 ,. 07 Cm'j 10 01 ~':}(:.) :2800. JOSi:::PH ::) " LUGOvJ~3:'< I 211076 8::S3 .. ~L ,~, CO/'1 10 01 Sit) :2~31:).5 .] (~SON f:;~ " LUi'.jD :2.11077 204 '. 0'01 C01"j 10 01 'S~6. 2900 i~USSELL R. Mr::IRRON 211078 47 .. 47 COh 10 0.1 96 3000 THEF(ESI:~ 1- ,. :".~:":;Ai3 2.L1079 l::)fj'? .. ',,:.1 C01'1 10 01 ']f:, 3100 L ()l,iJ r.( a.! C E .^o i'J.ICCUM 2.1.1()80 1047 ~~~ ..:..:, H .. .. COr1 10 0.1 S/(;. 3400 8R(;~DLE",r' J ,. rHELSEi'J. 2.1.1()81 ;347 " I~)t} COi"i 10 0.1 (~":Jc.\ 3500 .JOSEPH c. ,. PAZ{.INDI~:<' :2,LL082 .105 i ,- 7 c:, C()h 10 01 9.~, ~3 .5 .1 f:) CHI-:;~ I S " i:J f:: F~ F~ 'yO 2J..1();J;:) 40 41 1"1 .. " C01'1 .10 01 96 3.5~3~~ CHRISTOPHEn I:: .. FJ E -r [~F~~ 3 Cl j.....! 2.11.084 126 .. b',,: CO(-1 10 01 ':te, 3 t.'() f) D(;~NIEL. ~J " f-:;~ :-:1 i'! Dt\ I... L. 2.1.1 ()8.:::. :3~<;;.~3. '4 .5J. cm1 .10 0.1 96 3c\.15 T f~)11(;~R(1 LYHr.J. REED 2.11086 74 .. t.~(., C01'1 10 01 ')(:.0 ~,701 8f~If:~r..,j r1 .. ROCF;~ T Cl{ :2.1.1()S"l 7;5, .. '?~S , . COf'i 10 01 96 3800 ALAI'" .] FWLEK. 2LL088 .1.142 .5() .. w cm1 10 01 96 3900 CHr;~TSTOPHER E.. ~) C }-li"iI D :21.1089 455 .. 14 COf"i 10 01 9t.) 39.10 R CONr-((;~D SCHhID 211090 3l .. 75 CO/"i 10 0.1 9.t, 4190 DAN(~ G .. SH{iW 211091 .53 .. 3':;1 cm1 .10 0.1 96 4575 RES;::CC:(-1 f~ .. TARVIN :2~L.1092 ~3T7 .. .1E, C()h .10 01 96 451'7 P~~f1EU; T . TURNQUIS:T 2.1..1()93 .::',17 .. 3.~:, COh .10 0.1 '~1t.) 4600 8EVEr~~LY .] VOH FEI_DT 21.1094 77 .. 4 7 C01"'1 10 0.1. 96 4750 F,'(;LPH (;~ I/Ji:::HLE 2.1.1. ().)5 ()3:~5 (;; ~::. " .,.,1._) .**:**TOT(ILS**.*-* .1':,) ~;. () ~~ ..:::1 .::~~. Page 7 --'-"~~~-f1'\\ ;~~T-=-~' ~\ ., \\./ ,? !~.'.'" ., '"' ,'~ \ ,. , .. ._,oJ r";' I> ;; iQQ6 \ \ JI! -J: ..vtJ u Greg A. Buckley 25885 Birch Bluff Road . Shorewood, MN 55331 (612) 470 - 0149 '.\ , . \\ . ... BV ____ = -~~- 14 October 1996 Shorewood City Council City of Shorewood Country Club Lane Shorewood,~ 55331 Dear Mayor and Council Members: I am a Shorewood resident and property owner along Birch Bluff Road. My wife Bridget and I moved to Shorewood 4 years ago when we purchased our house on Birch Bluff Road. We have since begun a family with birth of our son 2 1/2 years ago and another due in January. Barring any unforeseen circumstances, we plan to remain at our current location for many years to come. The proposed re-zoning and conditional use permit for the planned unit development at Watten Ponds has us very concerned. Our main points of concern are as follows: 1. The proposed re-zoning from lot sizes of 40,000 ft2 to 20,000 ft2 inconjunction with a conditional use permit that will allow over a third of the proposed new units to be under 20,000 ft2. 2. The size and value of the proposed homes on the lots are completely out of character with surrounding neighborhood. 3. The destruction of the wildlife habitat and removal of trees that are generations old. 4. The impact of increase traffic on our rural local streets that are shared between cars, bicycles and people walking. 5. The area will lose its rural attractiveness that first brought us here. Overall, we are not against development - it is a reality of progress. However, when development is out of line with the current zoning and character of the surrounding area, then we must voice our concern. A recent visit to the same developer's Heritage Woods on Noble Road gave us a glimpse of what could occur at Watten Ponds: - An area decimated of trees & wildlife, replaced by oversized homes on postage stamp lots. Is this the future for Shorewood?? ~ U Greg A. Buckley Dear Mayor Bean and Shorewood Council Members, t..~O ~...(C...J} ~UVl~~~\ 'i J.. I \~ DeTt 4 mi \ jBy ! Monday, October 14, 1996 Thank you for considering our proposed KIDS SAFETY SUNDAY biking and hiking event to take place on Sunday, October 27, 1996. I am a student at Minnetonka Middle School - West and am putting this event together with other concerned students at MMW, Mtka Senior HS and Minnewashta Elementary School. Our mission is to raise awareness of bike and pedestrian safety rules, regulations and issues that concern all ages who participate in hiking and biking in our area. We have been able to get permission from the School District to use the parking lot at Minnewashta Elementary School on Sunday, October 27 as a starting and ending place for the KIDS SAFETY SUNDAY. 'We are in contact with the staff of the Area Wide Cycle shop in Excelsior to give demonstrations, etc. We realize that blocking off a busy road like Smithtown Road may be difficult to do, so we are suggesting that perhaps we will have a police escort from Minnewashta School - to - Christopher Road - back to - Minnewashta School (via Smithtown Road). Would that be a more "workable" arrangement? We "kids" really feel the need to offer a "safety" awareness biking and hiking event, and the KIDS SAFETY SUNDAY is an event that we can plan and make happen! Please call me if we can answer any questions -- I'm sorry that I could not attend tonight's meeting. Sincerely, ~~ Alexia Kelsey 25605 Smithtown Rd Shorewood, MN 55331 470 - 6103 The city compo plan LU-9 states DENSITY and LOT SIZE shall be the primary considerations in the review of development requests. Median dry lot size of Watt en Ponds is 23,423 sq.ft. which is smaller than all adjoining properties except to the south.(Birch BlutIat 27,000 sq.ft. to Valleywood Cir. at 51,836 dry sq.ft.) This property should be developed under current zoning of 40,000 sq.ft. lots as Valleywood Cir. which contains similar topography, wetlands and forests. City compo plan states a PUD must preserve natural features by functional clustering of units. Lot #7 in this plan is large because it can support only 1 home due to the 50 ft. wetland setbacks. This plan doesn't cluster homes, rather it allows 30-40% more lots. 9 one acre lot could not fit on this site due to the six wetlands. The density of this plan is also skewed by lot #7. The density of the other 9 lots is 1.65 units/acre which is higher than all adjoining properties except to the south. Please do not use a biased density formula to approve a plan containing more and smaller lots than R I-A zoning allows or that the natural characteristics of this site can support. 1.65 units/acre will represent the character of this development. Keep in mind that PUD gives away 10% in density to the developer and doesn't consider lot size. The citizens are asking for nothing except strict enforcement of zoning requirements, wetland protection ordinances and our tree preservation ordinances. I)on't counter balance your ordinances designed to maintain natural environmental character by allowing this PUD which \vill allow more lots and more destruction. \ 1993 25555 Orchard Circle 54000-0 1989 25540 Nelsine Drive 35122 1988 25525 Orchard Circle 28000-0 33.914 1987 25520 Orchard Circle 31900 1987 25775 Vallevwood Lane 20550 33914 (10 vr) 1982 25545 Orchard Circle 28500-0 1980 25535 Orchard Circle 26600-0 1978 25505 Nelsine Drive 36723 29.770 1977 25725 Valleywood Lane 20550 1977 25725 Birch Bluff Road 36476 31.842 (20 vr) 1976 25675 Valleywood Lane 20500 1976 25370 Birch Bluff Road 22350 1975 25450 Nelsine Drive 25450 1973 25500 Nelsine Drive 35700 1973 5455 Valleywood Circle 62291 1973 5495 Valleywood Circle 49658-0 35.403 1972 5490 Valleywood Circle 39204 1969 25555 Nelsine Drive 35063 1969 5295 Lee Circle 28400-0 1968 25460 Nelsine Drive 38333 1967 25845 Birch Bluff Road 32486 33.707 (30 vr) 1966 25480 Birch Bluff Road 28000 1966 5450 Valleywood Circle 59242 1966 5320 Eureka Road 45600 1965 5335 Eureka Road 27000 1964 5555 Eureka Road 35063 1964 5420 Valleywood Circle 54014-0 1964 5425 Valleywood Circle 49101-0 1964 25580 Nelsine Drive 35112 1964 25635 Valleywood Lane 20500 1964 5320 Lee Circle 38000 31.909 1964 5325 Lee Circle 37000 1962 25485 Birch Bluff Road 17600 1962 25655 Birch Bluff Road 27000 1962 25455 Nelsine Drive 35737 1962 5290 Lee Circle 17200 1960 25720 Sunny Vale Lane 20025 1960 25780 Sunny Vale Lane 20025 1959 25640 Sunny Vale Lane 20035 1959 25680 Sunnv Vale Lane 20025 32.853 (40 vr) 1956 25530 Birch Bluff Road 21750 1956 25380 Birch Bluff Road 18600 1950 25360 Birch Bluff Road 36000 1950 25760 Birch Bluff Road 40920 1950 25810 Birch Bluff Road 35200 28.164 1949 25680 Birch Bluff Road 31200 1949 25700 Birch Bluff Road 21840 1948 25830 Birch Bluff Road 19800 32.072 (50 vr) 1946 25740 Birch Bluff Road 15140 1940 25535 Birch Bluff Road 13680 1940 25695 Birch Bluff Road 36426 1933 25660 Birch Bluff Road 30360 1925 25775 Birch Bluff Road 40500 1920 5300 Eureka Road 13600 1920 5375 Eureka Road 36096-0 1919 25545 Birch Bluff Road 10260 23.511 1915 25625 Birch Bluff Road 9900 1910 25860 Birch Bluff Road 25600 1908 25585 Birch Bluff Road 11100 1906 5315 Eureka Road 23600 1900 25510 Birch Bluff Road 29700 1900 25560 Birch Bluff Road 43500 1900 25620 Birch Bluff Road 13200 30.033 (96 vr) \ 1966 - 5320 Eureka Road 45600 Grantville 2nd Addn. 1993 - 25555 Orchard Circle 54000-0 1988 - 25525 Orchard Circle 28000-0 1982 - 25545 Orchard Circle 28500-0 1980 - 25535 Orchard Circle 26600-0 1920 - 5375 Eureka Road 36096-0 34.639 Shorewood Acres 2nd Addn. 1973 - 5455 Valleywood Circle 62291 1973 - 5495 Valleywood Circle 49658-0 1972 - 5490 Valleywood Circle 39204 1966 - 5450 Valleywood Circle 59242 1964 - 5420 Valleywood Circle 54014-0 1964 - 5425 Valleywood Circle 49101-0 52.251 Eureka Richland 1989 - 25540 Nelsine Drive 35122 1978 - 25505 Nelsine Drive 36723 1975 - 25450 Nelsine Drive 25450 1973 - 25500 Nelsine Drive 35700 1969 - 25555 Nelsine Drive 35063 1968 - 25460 Nelsine Drive 38333 1964 - 5555 Eureka Road 35063 1964 - 25580 Nelsine Drive 35112 1962 - 25455 Nelsine Drive 35737 34.700 Lee Circle 1987 - 25520 Orchard Circle 31900 1969 - 5295 Lee Circle 28400-0 1965 - 5335 Eureka Road 27000 1964 - 5320 Lee Circle 38000 1964 - 5325 Lee Circle 37000 1962 - 5290 Lee Circle 17200 1962 - 25485 Birch Bluff Road 17600 28.157 Shorewood Acres 1st Addn. 1987 - 25775 Valleywood Lane 20550 1977 - 25725 Valleywood Lane 20550 1976 - 25675 Valleywood Lane 20500 1964 - 25635 Valleywood Lane 20500 1960 - 25720 Sunny Vale Lane 20025 1960 - 25780 Sunny Vale Lane 20025 1959 - 25640 Sunny Vale Lane 20035 1959 - 25680 Sunny Vale Lane 20025 20.276 Mann's Addn. to Birch Bluff 1977 - 25725 Birch Bluff Road 36476 1967 - 25845 Birch Bluff Road 32486 1962 - 25655 Birch Bluff Road 27000 1940 - 25695 Birch Bluff Road 36426 1925 - 25775 Birch Bluff Road 40500 1920 - 5300 Eureka Road 13600 1915 - 25625 Birch Bluff Road 9900 28.055 Grantville 1976 - 25370 Birch Bluff Road 22350 1966 - 25480 Birch Bluff Road 28000 1950 - 25360 Birch Bluff Road 36000 1956 - 25380 Birch Bluff Road 18600 1956 - 25530 Birch Bluff Road 21750 1910 - 25860 Birch Bluff Road 25600 1900 - 25510 Birch Bluff Road 29700 26.000 /22.750 Birch Bluff Duner Mtka. 1950 - 25810 Birch Bluff Road 35200 1950 - 25760 Birch Bluff Road 40920 1949 - 25680 Birch Bluff Road 31200 1949 - 25700 Birch Bluff Road 21840 1948 - 25830 Birch Bluff Road 19800 1946 - 25740 Birch Bluff Road 15140 1933 - 25660 Birch Bluff Road 30360 1900 - 25560 Birch Bluff Road 43500 1900 - 25620 Birch Bluff Road 13200 27.907 Lee SQuare 1940 - 25535 Birch Bluff Road 13680 1919 - 25545 Birch Bluff Road 10260 1908 - 25585 Birch Bluff Road 11100 1906 - 5315 Eureka Road' 23600 14.660 .. 1993 - 25555 Orchard Circle 1988 - 25525 Orchard Circle 1987 - 25520 Orchard Circle 1982 - 25545 Orchard Circle 1980 - 25535 Orchard Circle 1989 - 25540 Nelsine Drive 1978 - 25505 Nelsine Drive 1975 - 25450 Nelsine Drive 1973 - 25500 Nelsine Drive 1969 - 25555 Nelsine Drive 1968 - 25460 Nelsine Drive 1964 - 25580 Nelsine Drive 1962 - 25455 Nelsine Drive 1987 - 25775 Valleywood Lane 1977 - 25725 Valleywood Lane 1976 - 25675 Valleywood Lane 1964 - 25635 Vallevwood Lane 1973 - 5455 Valleywood Circle 1973 - 5495 Valleywood Circle 1972 - 5490 Valleywood Circle 1966 - 5450 ValleywoodCircle 1964 - 5420 Valleywood Circle 1964 - 5425 Vallevwood Circle 1969 - 5295 Lee Circle 1964 - 5320 Lee Circle 1964 - 5325 Lee Circle 1962 - 5290 Lee Circle 1965 - 5335 Eureka Road 1964 - 5555 Eureka Road 1920 - 5375 Eureka Road 1920 - 5300 Eureka Road 1966 - 5320 Eureka Road 1906 - 5315 Eureka Road 1960 - 25720 Sunny Vale Lane 1960 - 25780 Sunny Vale Lane 1959 - 25640 Sunny Vale Lane 1959 - 25680 Sunnv Vale Lane 1977 - 25725 Birch Bluff Road 1967 - 25845 Birch Bluff Road 1976 - 25370 Birch Bluff Road 1966 - 25480 Birch Bluff Road 1962 - 25655 Birch Bluff Road 1962 - 25485 Birch Bluff Road 1956 - 25530 Birch Bluff Road 1956 - 25380 Birch Bluff Road 1950 - 25760 Birch Bluff Road 1950 - 25360 Birch Bluff Road 1950 - 25810 Birch Bluff Road 1949 - 25680 Birch Bluff Road 1949 - 25700 Birch Bluff Road 1948 - 25830 Birch Bluff Road 1946 - 25740 Birch Bluff Road 1940 - 25695 Birch Bluff Road 1940 - 25535 Birch Bluff Road 1933 - 25660 Birch Bluff Road 1925 - 25775 Birch Bluff Road 1919 - 25545 Birch Bluff Road 1915 - 25625 Birch Bluff Road 1910 - 25860 Birch Bluff Road 1908 - 25585 Birch Bluff Road 1900 - 25560 Birch Bluff Road 1900 - 25510 Birch Bluff Road 1900 - 25620 Birch Bluff Road 54000-0 28000-0 31900 28500-0 26600-0 35122 36723 25450 35700 35063 38333 35112 35737 20550 20550 20500 20500 62291 49658-0 39204 59242 54014-0 49101-0 28400-0 38000 37000 17200 27000 35063 36096-0 13600 45600 23600 20025 20025 20035 20025 36476 32486 22350 28000 27000 17600 21750 18600 40920 36000 35200 31200 21840 19800 15140 36426 13680 30360 40500 10260 9900 25600 11100 43500 29700 13200 Watten Ponds Lot size 20,277 20,452 21,124 21,950 22,834 24,458 24,860 25,623 37,410 144,416 AVf!. (without last) 24.332/ (without last two) 22.697 -- 1973 - 5455 Valleywood Circle 1966 - 5450 Valleywood Circle 1964 - 5420 Valleywood Circle 1993 - 25555 Orchard Circle 1973 - 5495 Valleywood Circle 1964 - 5425 Valleywood Circle 1966 - 5320 Eureka Road 1900 - 25560 Birch Bluff Road 1950 - 25760 Birch Bluff Road 1925 - 25775 Birch Bluff Road 1972 - 5490 Valleywood Circle 1968 - 25460 Nelsine Drive 1964 - 5320 Lee Circle 1964 - 5325 Lee Circle 1978 - 25505 Nelsine Drive 1977 - 25725 Birch Bluff Road 1940 - 25695 Birch Bluff Road 1920 - 5375 Eureka Road 1950 - 25360 Birch Bluff Road 1962 - 25455 Nelsine Drive 1973 - 25500 Nelsine Drive 1950 - 25810 Birch Bluff Road 1989 - 25540 Nelsine Drive 1964 - 25580 Nelsine Drive 1964 - 5555 Eureka Road 1969 - 25555 Nelsine Drive 1967 - 25845 Birch Bluff Road 1987 - 25520 Orchard Circle 1949 - 25680 Birch Bluff Road 1933 - 25660 Birch Bluff Road 1900 - 25510 Birch Bluff Road 1988 - 25525 Orchard Circle 1982 - 25545 Orchard Circle 1969 - 5295 Lee Circle 1966 - 25480 Birch Bluff Road 1962 - 25655 Birch Bluff Road 1965 - 5335 Eureka Road 1980 - 25535 Orchard Circle 1910 - 25860 Birch Bluff Road 1975 - 25450 Nelsine Drive 1906 - 5315 Eureka Road 1976 - 25370 Birch Bluff Road 1949 - 25700 Birch Bluff Road 1956 - 25530 Birch Bluff Road 1959 - 25640 Sunny Vale Lane 1987 - 25775 Valleywood Lane 1977 - 25725 Valleywood Lane 1976 - 25675 Valleywood Lane 1964 - 25635 Vallevwood Lane 1960 - 25720 Sunny Vale Lane 1960 - 25780 Sunny Vale Lane 1959 - 25680 Sunny Vale Lane 1948 - 25830 Birch Bluff Road 1956 - 25380 Birch Bluff Road 1962 - 25485 Birch Bluff Road 1962 - 5290 Lee Circle 1946 - 25740 Birch Bluff Road 1940 - 25535 Birch Bluff Road 1920 - 5300 Eureka Road 1900 - 25620 Birch Bluff Road 1908 - 25585 Birch Bluff Road 1919 - 25545 Birch Bluff Road 1915 - 25625 Birch Bluff Road 62291 59242 54014-0 54000-0 49658-0 49101-0 45600 43500 40920 40500 39204 38333 38000 37000 36723 36476 36426 36096-0 36000 35737 35700 35200 35122 35112 35063 35063 32486 31900 31200 30360 29700 28000-0 28500-0 28400-0 28000 27000 27000 26600-0 25600 25450 23600 22350 21840 21750 20035 20550 20550 20500 20500 20025 20025 20025 19800 18600 17600 17200 15140 13680 13600 13200 11100 10260 9900 (38) (11) (14) (60.3%) (17.5%) 20,277 20,452 21,124 21,950 (22.2%) 22,834 24,458 24,860 25,623 37,410 144.416 Avg. (without last) 24,3321 (without last two) 22,697 Monday, October 14, 1996 ;~~CG~UVl~~\ llru OCT 1 4 1995 ~\ jBy i Dear Mayor Bean and Shorewood Council Members, Thank you for considering our proposed KIDS SAFETY SUNDAY biking and hiking event to take place on Sunday, October 27, 1996. I am a student at Minnetonka Middle School - West and am putting this event together with other concerned students at MMW, Mtka Senior HS and Minnewashta Elementary School. Our mission is to raise awareness of bike and pedestrian safety rules, regulations and issues that concern all ages who participate in hiking and biking in our area. We have been able to get permission from the School District to use the parking lot at Minnewashta Elementary School on Sunday, October 27 as a starting and ending place for the KIDS SAFETY SUNDAY. 'We are in contact with the staff of the Area Wide Cycle shop in Excelsior to give demonstrations, etc. We realize that blocking off a busy road like Smithtown Road may be difficult to do, so we are suggesting that perhaps we will have a police escort from Minnewashta School - to - Christopher Road - back to - Minnewashta School (via Smithtown Road). Would that be a more "workable" arrangement? We "kids" really feel the need to offer a "safety" awareness biking and hiking event, and the KIDS SAFETY SUNDAY is an event that we can plan and make happen! Please call me if we can answer any questions - I'm sorry that I could not attend tonight's meeting. Sincerely, ~~ Alexia Kelsey 25605 Smithtown Rd Shorewood, MN 55331 470 - 6103 ,l) ;--"~~-' -' .-.- -- ..... Zoning and Land Use Cha ,_. -. - Proposed changes are described on "-.~.~.' -' and LU-31 --- t.ME ~. ~ Jf.LL&. 4~ ,,,,.,, .. ~ ~ .... II' ..... . 7 .' , " . c.-- " ,.. . " . t.~," ,",.#"./",..., " ! / ' ....'." ~' ,,-'" ,., --...... ;1 Semi rUfQ' 1fe:s:.ii.lFl~iii€3111 (0-1 unit tpJe:1i" C:JJ<e;tre) Low de ~s i ty ves:idelfbt i;c (1-2vnit$ ger acr~) .. ~,. " - ~~ ~~~~-~-.....~ : :>~/<:\:f:>~ ~: .~~~<: . .' .... .',. " . --;-11 ~ . '-. .~;c ... '\..... ::::::J' ~ ;.:;,or(jiKA MY:" ~ "'0 .. G'd!*("'7 ....-...- --. -.-.- =--- -:. ~ -". .... ..................... .~.~..-..:..-...- ~~._~~----. ~ For purposes of this Sec:tiOB., density shall be expressed as the. ratio of residential units per forty thousand (40,000) sqJlar:e feet and shall be calculated based upon the total gross acreage of the. pro.perJY in <i-tLestio.n, less the area devoted to designated wetlands, "p ub 1 i c ri gh ts~of - way, pu)J:!ic open space, and nonresidential use. j '-I. r; (JI.. - ~ if fJ I '-I fjC ~t ~~O/) ~ ~ '7 3 ? "3 J 300 n.. e:-r tYl <to 57 ru.- <6.6?x @V,,;YsjcJ.L:' /7./ij ) c: I~> · - ~ J. 71 -- ... .. . .q.,,!.<tS- t\1~ air-OsS D J l\o*d6 l;.;ell. !\-nJ. 1113/1114/96 1111: 1111 21: ';12 474 111128 CITY - SHOREWOOO P.08 '. ~ . I. \Jv . . ~,. 1'So.lt . t ~., I I I' -- t V .: It.: _' _....... ~ .a,., , ~ I I: R~ .. ,l...t; ~~ _l J- : ,~~,..1 wI,.; .-J.-~ ~...... a' Jt'J.. 5:(~ I I --'! ... l,)f ~ ~ I . .01. I I W I (3 ~--;. '. I ~ :;i II> : ".l " L.... ,. -- - .J~, . ~~ f. I ~i ...,1... . ~ .-- ,/ ... I ; : I :__:- -:- ,1;1)1 I ~.. . ~ C;:~C: ! I ! J.~- I . t. If ~ _=--;;;o.-"'jH'" ~' . ~~~. 91111 . ::;- ""'" ~! r v~ , .f'Io' 'Ii I /~. ~: ~~.. ~. lLl: ',:. I ~.; r / \J4Jl tE'(- WOOD 'elR. w ! ; \ ~ Y .vJtOOLA: : - TONKA. BAY . ~. <:j - I \I~ !:;, l1'!: t= .. \ 3: -~ > ~ o <{ lIJ ::E ~. ""."",.0 '. ~. _. ~, _ -"7 " aNY~E114 Q ~ ~ I .~ " , NELSINE DR./: I ./ . I V' f;~"-~\ Pk.J.A.., .A ex ~ (' \"" ~ '~;'i !. r ----- . ---- - ~ ~~ : I I I I I J I , I r I I , ROSE \ L~. - I I r I ' I I: ~~- Iy Y II : 1'-- I I I I I I Y/o: // '0 :~ I o o o :J: lIJ (.!) o w ~ Exhibit C ~ / 7/ II ~ J) g. Residemial Density: The maximum allowab 1e density in a P. U .D. ~ be determined by reference to the ComI2fehensive J:j:;FL Within ten per- cent (lOllio) of that limit. the exactdensitv allowable shall beaetemu.n d by standarCfsagreed upon between the aQPlicant and the City. Vlhenever any P . U.D. is to be developed In stages, no such stage shall, when averaged with all previously completed stages, have a residential densi!y that ex- ceeds one hundFed twenty five percent (125llio) of the propos.ed res.i.cten. tial density of the entire P. U .D. ""-' -,.-~'- /- "t " ~3/~4/96 1~: 1~ 3: 612 474 ~128 CITY - SHOREWOOO P.89 '. ~ ~ . airchJ~luffUpper:Minnetonka: Min. lot - 13,290 sq.ft.; max.lOl- 40.920sq.ft.; ayg. lot - 2~;29Z sq~ft. . Mann's Addn. to Birch~Bluff: Min. lot - 9900 sq.ft.; max. lot - 36,476 sq.ft.; avg.lot .- - 22,53& sq, ft. Eas.t . Graatviile: Mill. lot - 18,600 sq. ft.; max.lot - 43,500 sq.fL: avg.lot - 18,600 JIll. Lee's Sqaare: Mia lot - E0,620 Sq4 ft.; max. lot - 23:.60(ils~ft.; avg.lot- 14,750 sq.ft. _. Lee Circle: Min. lot - 17.200 sq.ft.; max.lot - 38.000 sq. ft.; avg..1lot - 2&,.157 sqJil. '..... GrantviUe 2nd: Min. lot - 23.400 sq.ft.; max. Jot - 44,500 sq.tL; avg. lot - 2897S sq.ft. . Eureka Richland: Min.lot-2S.4S0sq.ft.; max.lot - 38,333 sq.ft.; avg.lot - 34,123- sq.ft. Swnh · SiJorewood Acres ist A<idai..: Min. Itt - 20~(}25 5<f:ft.:, max. lot - 20S50 sq~ft.; avg. Tot - 20;zJ5 sq.ft.. (~of these lots have two-fami:1y dweHings' on them) Ba~d- on this development pattem, the: t-2 Utritperacre:designation-was:corisidered appropriate and' consistent with two. important planning and- zoning: principles .1) the designation' provided' a desirable. transition-- between. large lot zoning to the .west and..smalIer lotson-three-sidcsofthe-property; and. 2) changes in.useordensityshould occur at mid~ block so-that similar uses or densities front on.the.same.street. , The most significant.differencebetweenthe 1981J Plan;and.the 1995 Update is the approach to implementing the. land use plan. The. earlier approach did.not-change:zoning"except to reflect e;cisting development Zoning: changes were:considerectas de.velopmencwas proposed!" usiug the- Comp- PIlatlIS' a decision,.making: guide:. The:new PI an:takes: a more proactive ~ caHiing fOr- rezonmig of severa! $;res thro:ugIioutthe:commUIIi.qrto'make them comisteM wfth the r.:I use p4ian. 'The W ~ Ponds property is: reculflLllendecf for- rezoning from R-IA to R-1C and highlighted for pJanncd tmit dc...~ di:1e tQ~ configurations. ." ' " While it is difficult toreconstructexactly what happened 1 S years ago, it is hoped that this infonnation sheds ,some light on how the Comp Plan has been fonnulated.. If you- have' any further questions relative to.this material please do not hesitate to contact me on Monday.' cc: Jim Hmm Tun Keane Larry Brown ChuckDillerude Vem Watten -2- W A- ~ l\ <9" 1'l. .Js_ In, "\ .' i-,.o T - ~ ~ ~ 7 7s1.~~~~": lOl- } LJ~ Lj/ ~ ;t::- II --r Q 1] L/'\ l L.C \ - J J ~'l ~ __--.r - Moj.,' ~V~ ,. __ r ~.. Ii V ~ Land {JselZoning. Changes Subsecp1entto.adoption. of. the 198:1. Comprehensive.Plan;the:,City .adoptedzoning:Ieg9lations..to im:piemcnt thc:LandiUse:Plan; A variety of~residenti@.tzQnin.&..."'di,SJriCfS:weJ:..C;.establisl1.ef:l.a' co~ial. 5elYice:disroCJ'was'c~te~k~I.ati.9ns:for:e;.i$..t#1i-n9,nc.9m.Qfnlin&nwinas;wete: ~ and:p.lanne.9:urntd~yeJoRm~ntpr:oVisjo~ wer~)ll].P!"9"j:fl_aI!d~e;ltand~:;. Th~~tuJtl, ~ oi plTO~rty Was .liII1.i!~!to'cban.g.e$. whicl1:IIlad_e..th.e~zopi!lgpo~j~t~pt ,wjt!1;~~~&:l3!ldJl$.e paItems. For eX8.lllple.the.Shady }.Rlls area,bad-beenzonCfl for one~acreJots.despite:h8,.Y.irig; devek>ped as. half...acre.lots. Undeveloped, parcels-planned.for a. higher use.than,their-z~ing- w~re- aot rezooed at; the-time. Ratheu. the. intent was. to-rezone. property in-conjunction. with.de.velogment requesis:. uSg tbe. Laad Use. PIau, llS;. a. guide. While this ~ to rezemmg ha& pEo.vmea: tIae Cit}t. with: substantiaLcontI:oLo.verde.v.eI.op~ a. more assertive ;..,~~ program i5 z:eoo,.,....,.-r.iM fur t:bc: ti1tw:e-. '11JIe map; on. tS.wo.wiDg page illustrates reCommended changes which are aecessary to make SiID~s E..a.h!lSe l?ta and Zoning Districts map consistent. Following is a summary of ~ ~ (DIIDlbe:rs are keyed to the map):' G 1. . DespitQ being planned for 1-2 units per acre, larger lots bave been developed consistent with its R-IA zoning, mostly because of existing drainage problems in the area. Change the Land Use Plan to low density residential, 0-1 unit per acre. The 2-3 tmits per acre ~ 01 this atea i:s 8)Ee c~wid!ll its: R- IDz-oning thaa _ Ql.1l1lllil per acre IiaImd use ~grr~ Ch:aage: the: Land lise:Pian.to.medium cfe.nsmy ~iA!l;, Z--3. tmi5 per acte:.. Planned for-~l unit per-ac:re;. th~area:has:been' de.veloped:attwo:units:,peracre.andzoned R-IC. Change the I:.and'Use'Plan-to'!owto'medium-density residential,l~2units per acre. Larger lots liave-been.d~eloped.than-the'originall-2-units'peracrewhich was planned. The-e~ dcwelop.mentand-R-IA zoning:are-consistent. Change.theLand Use Plan to low density residential;, 0-.1: unit per acre. Originally planned' for residentiaL development to- phase.outthis.conunercial"spot zone" , the City agreerI: in tile m:id: 80JS:to..cet:ai:Dl the ~ngC::'2; commercial.zoning;of-the property. The exis&g comm~ zo~~';'lIg of me pne.pertyis.. noJonger:considered.tobe cofiisteDtwitfl tIJJe ~kd~J ~ oit!fDe lBie& ~ theZoniDg:Districts:map:to R-IC. 2. 3-. 4. 5. 7. This area is planned for 1-2 units per acre, but zoned R-IA. R:.:tc ZODing exists w the- north. east and south. Change the Zoning Districts map to R-Ie and higblighr IS beiill3. recommended for planned unit development due to wetland configurationS. Planned for 3-6 units per acre as:atransitional area betWeen commercial and lower ~ residential. the proposed R-2A zoning would accommodate development of the aistiDg vacant land as well as the existing homes. Change the Zoning Districts map to R-ZA. The current 1-2 units per acre rand use designation is not consistent with existing cOwwCldaJ develoflinent ex R- IA WIling. CbaI!ge the LaRd Use PI-. to wuuuc;L'C~ noting that the existing marina shculd ultimately be brot!ght Do coofouuity witlr the L-R Lakeshore Recreational c:Iistrict. 8. 9. Initially planned for redevelopment to medium density residenlial. this 3lIea' bas been zoned R-C and C-4 reflective of existing uses. Change the Land Use PI-. to commercial. 4/94 LU-28 f. An effident use o~ Laad toes,ulting ip smalh;r n~t\~orks of utilities and streets thereby 1owen.:ng housIng costs and publIc Investments. g. A development pattern in harmony with the objectives of the City Com- prehensive Plan. n. .~ mOIre diesi:)faJi>,he envilfoIillliJile.r:H than would be possible.through the strict, appHcation of zoning and s;tl;bdivis.ion regulations of the City. i. To give the lando\vner and deve!oJPer reas;Q,nab~e ass.uraace of ultimate approval before expending complete design monies \vhije p.r-ovi:~g City officials\vith assurances that the project\vill retain thecharac:1te:r,~nnvi:. sioned at the time of concurrence. . " ," .. j. To al1 0 \\' variation from ~ovisions oL1his ~ iIillcl1uding setbacks, height, lot area~ width and depth, yards, etc. interHally.within the project. Provisions of this O'rdinance shal.lgenera:1!ly be maintained at the periphery of the project area. -"'~. .- :#;: 1201.25: p P.U.D., PLAN,N,EJi) UNIT L>,E'TELJQJ>MEN1~ DISLRICT: Subd. 1. Purpose: This District ES estaibLiisbte.d to provid~ cQrnpreh.ensive :prc cedures and standards desi!!ned for district plalll:ne.d- unit d_eyeJQ-pmerlt t amio.\-\, the devellopflli1ent of neighborhoods or jportiQlUs th~reofincprp,orarin a variety o.f residem:ti:al types and nonreside.llllttGbll 1ll!ses. Recognizing. th~ tradildolital dem:si,ty" bu.l'k, setbacks, use and subdivbSilioIil regulations \vhic may be us.ellili in protecting the characlerof su ostaJil:u1al1J:y developed. ar.ea5 may not be appropriatLe to control development in less developed ar.ea~ Specifically, P. U .D. is intended to encourage: - ".", :~~~ ,~. ,-.~ . '.' -,' .< - :'. .--_. ,'/ - "'-' a. Innovations in residential development to the' end that ;~~~\\t~r demands fOr housing at aU economic levels may be met by gll'e~tieF'Va;r;}et in tenure, type, design, and siting of d\vellings and by the conservatio~ and more efficient use of land in such developments-. b. Hi~hler standards of site and buiIdin2: diesim throu2:h the use of train '-. _ "-. '-r ed and experienced nand planners,. architects andlan9scape architects c. lVl;ore corr/etl:i,ence iln lioca:titon of conlmercial and serv:ce areas withiI a given project or area" allowing ID'ore efficient and desirable transition between residential and nOll-residential land uses. " d. The preservation and enhancement of desirable site c~laracteristics sucl as n~tura! topography and geologic f~atures-and the prevention 0-[ soi erOSIon. e.A creative use of land and related physical development wJiicha.1VJf6\\'~ a phased and orderly transition of land from rural to urban uses. f. An efficient use of land resulting in smaUer networks of utilities ane streets thereby lowering housing costs and pubfic investrnel1ts.