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CJ:TY COtJNCJ:L REGt1LAR MBETJ:NG
CJ:TY 01" SBOREWOOD
MONDAY, KARCH 11, 1996
5755 COUNTRY CLUB ROAD
COUNCJ:L CBAKBERS
7:30 P.M.
AGENDA
1 . CORVENE CJ:TY COtJNCJ:L DE'1'J:NG
A. Roll Call
Benson
McCarty
Mayor Bean
Stover
B. Review Agenda
2 . APPROVAL 01" MJ:NUTJ:S
A. City Council Regular Meeting and Executive Session
Minutes February 20, 1996 (Att.-#2A Minutes)
B. City Cou~cil Work Session Minutes February 21, 1996
(Att.-#2B Minutes)
3 . CONSJ:DERATJ:ON 01" A MOTJ:ON TO ADOPT A RESOLU'1'J:ON
MAKJ:NG AN APPOJ:1ft'IIJDT'1' TO THE CJ:'1'Y COUNCJ:L (Att. -#3
Proposed Resolution)
Administer Oath of Office
4. . CONSENT AGENDA - Motion to approve items on
Consent Agenda & Adopt Resolutions Therein
5 . MATTERS I"ROM THE I"LOOR (Presentations are limited
to 3 minutes. No Council action will be taken.)
6 . CONTJ:RtJATJ:ON 01" PUBLJ:C BEARJ:NG - Consider Vacation
of Drainage and Utility Easement in Boulder Ridge (Att.-
#6 Planner's Memorandum)
7 . PUBLJ:C HEARJ:NG - 7: 4.5 P .1<<. - 1996 ALLOCATJ:ON 01"
tJRBAN HENNEP J:N COUNTY COMlltm'J:'1'Y DEVELOPDNT BLOCK
GRAN'l' PROGRAM (CDBG )
A Motion to Adopt a Resolution Authorizing the
Allocation of 1996 CDBG Funds (Att.-#7 Proposed
Resolution)
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C:ITY COOR'C:IL AGBRDA - MARCH 11, 1996
PAGB 2 Og 2
8 . PUBL:IC. BBARJ:IIG - 8: 00 P .11. - PUBLJ:C J:DROVBllJlll't
HBAR.J:IIG gOR WAHRMAIII, S'l'UB'!' R.BCOIIS'l'R.1'1C'l':IOII AI1D
OPI"-S'l'R.BB'l' 'l'R.A:IL PROJEC'l' - SIII'l'H'l'OWII ROAD
A. AMotion to Adopt a Resolution Approving Project
#95-16 - Smithtown Road Watermain, Street
Reconstruction and Off-Street Trail (Att.-#8A
Proposed Resolution)
B. A Motion to Adopt a Resolution Authorizing OSM to
Prepare Plans and Specifications for Project #95-
16, SmithtownRoad Improvements
9 . PAlUtS - Report by Repre.entati ve
Report on February 27, 1996 Meeting
10. PLARRJ:IIG - Report by Repre.entative
A Motion to Direct Staff to Prepare a Resolution
Regarding a Conditional Use Permit and Variance for Camp
Coffee (Att.-#10A Planner's Memorandum Dated 12/27/95;
#10B Planner's Memorandum Dated 2/8/96)
Applicant: Stephen Bauer
Location: 19215 State Highway 7
11. ADIIIIIZS'l'RA'!'OR &: S'l'APP UPOR'l'S
12. MAYOR &: CITY COOHeJ:L REPOR'l'S
13. ADJOtJ'RN SUBJEC'l' '1'0 APPROVAL 01" CLA:IMS ( At t .. - # 13 )
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MAYOR
Robert Bean
COUNCil
Kristi Stover
8IUce Benson
Jennifer McCarty
Doug Malam
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING
MONDAY, MARCH 11, 1996
Agenda Item #3: Following Roll Call, Review of Agenda and Approval of
Minutes, Council will take up a resolution making an appointment to the City
Council. After adoption of that resolution the person will be asked to join the
City Council at the far end of the dais. They should be asked to remain standing
while I administer the Oath of Office.
Agenda Item #4: Our estimate for printing, mailing and return postage for the
Snowmobile Task Force Survey is just less than $3,000. We ask the City Council
to authorize an ainount up to $3,000 be spent for Snowmobile Task Force survey
costs. This survey is an important part of the data collection process being
undertaken by the Task Force.
Agenda Item #6: This is a continuation of the public hearing regarding vacation
of the drainage and utility easement in Boulder Ridge. Hopefully this item can be
completed before the two planned public hearings. Otherwise those in
attendance for this item are likely to have to stay until late in the meeting.
Agenda Item #7: This is the annual public hearing which is necessary for
allocating community development block grant funds (CDBG). The public notice
identifies $3,497.00 for the South Shore Senior Center operation and $13,989.00
for housing rehabilitation. The purpose of the hearing is to frod out if there are
other requests for the use of CDBG funds. We may ask the. Council to consider
setting aside some of the rehab funds for housing planning.
Agenda Item #8A: At 8:00 p.m. is the public improvement hearing for the
Smithtown Road project. The Engineer will present the project to those present.
The public hearing then should be' opened to give the public an opportunity to
speak and ask questions. Following the close of the public hearing, the City
Council will determine if we are to proceed with the project.
A Residential Community on Lake Minnetonka's South Shore
Agenda Item #8B: This is authorization for the preparation of plans and
specifications for the Smithtown Road improvements..
Agenda Item #10: Mr. Stephen Bauer has applied for a conditional use permit
and variances to convert the Vine Hill Market building into a coffee shop with a
drive-up window facility. Although the Planning Commission favored the
concept of the proposal, there were several issues with which they were very
concerned, most of which had to do with inadequate parking space available on
the site. The applicant was directed to revise his plans in an attempt to reduce the
number of variances necessary for approval. The applicant's revised plans are to
remove one-half of the existing building (back to its original size), which reduces
the need for several parking space while making room for the correct number of
stalls on the property. The resulting variance (Le. separation between the comer
and the driveway on Vine Hill Road) is the same one which was granted to the
previous owner. Staff and the Planning Commission recommend approval of the
revised plan subject to conditions. Council approval requires a four-fifths vote.
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
TUESDA Y, FEBRUARY 20, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:45 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
DRAA
Mayor Bean called the meeting to order at 7:49 p.rn.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, and McCarty; City Engineer
Brown, City Administrator Hurm, City Attorney Keane, Finance Director Rolek,
and Planning Director Nielsen.
Absent:
Councilmember Stover.
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B. Review Agenda
McCarty moved, Malam seconded to approve the agenda for February 20, 1996 as
amended by removing Item 5.A. Setback Variance Request for Mr. Hoyt as per
Mr. Hoyt's request and replacing it with a Request for a Motion for Temporary
Water and Sewer for Gideon Woods. Motion passed 4/0.
Mayor Bean announced that the City Council will adjourn to an Executive Session to discuss
pending litigation immediately following the regular portion of the meeting. No action will be
taken at this time.
C. Presentation of Plaque to Don Zdrazil
Mayor Bean presented a plaque from the City of Shorewood to Don Zdrazil in appreciation of his
15 years of dedicated services as the Director of Public Works. Mayor Bean expressed his deep
appreciation to Mr. Zdrazil and wished him farewell and enjoyment in his next career and his
personal time.
. 2.
APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes - February 12, 1996
Benson moved, McCarty seconded to approve the City Council Regular Meeting
Minutes of February 12, 1996 as amended on Page 4, Paragraph 4, Line 2 replace
"two" with "too" and Page 7, Paragraph 1, Line 1 replace "Mussles" with
"Mussels". Motion passed 4/0.
3. MATTERS FROM THE FLOOR - None.
5.A. Request for Temporary Water for Gideon Woods
City Administrator Hurm reque~ted the City Council make a motion to authorize. staff to negotiate
an agreement for temporary water to be provided by the City of Tonka Bay for Gideon Woods and
authorize the Mayor and City Administrator to execute said agreement.
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REGULAR CITY COUNCIL MINUTES
February 20, 1996 - PAGE 2
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Malam moved, McCarty seconded to authorize staff to negotiate an agreement for
temporary water to be provided by the City of Tonka Bay to Gideon Woods and
authorize the Mayor and City Administrator to execute said agreement. Motion
passed 4/0.
8.B. Report on Change to Ordinance No. 309 - Fees and Charges
Hurm reported this ordinance was passed at the previous City Council meeting. The Ordinance
included a typographical error which referenced to the Building Code of "1992". This has been
corrected to state the Building Code of "1994".
4. PUBLIC HEARING 8:00 P.M. - VACATION OF DRAINAGE AND
UTILITY EASEMENT IN BOULDER RIDGE
Planning Director Nielsen reported the Tony Eiden Company is requesting the City vacate a portion
of a drainage and utility easement on two lots in the Boulder Ridge development. These areas are
protected under the Wetland Conservation Act. Normally, this request would be under the
jurisdiction of the Minnehaha Watershed District and the Corps of Engineers. However, the
easements in this case are in favor of the City of Shorewood. The applicant has obtained approval
from the Corps of Engineers and the Watershed District. The applicant plans to mitigate the filling .
by creating additional wetland at a 2:1 ratio on lot 6 which is a large lot to the west. The question ..
has been raised regarding the City's new setback requirements from wetlands. These requirements
pertain to lots created after August 28, 1995. The lots in question were lots of record prior to
August of 1995 and therefore these requirements are not applicable. The applicant's intent is to
create more usable rear yards and to accommodate larger decks for the respective homes.
Chuck Dillerud, representing Tony Eiden Company, stated these are the last two lots on Noble
Road. The depth of these lots is such that if a house of normal character of the development is
built it will result in there being no back yard area. He noted the application had been approved by
the Corps of Engineers and the Minnehaha Watershed District. Efforts for approval have been
underway since August of 1995. In the meantime, a home has been constructed on lot 4 and has
resulted in a minimal backyard. A home is under construction on lot 5 which will result in no
backyard whatsoever. Tony Eiden Company is proposing to mitigate the fill on lot 6. Mr.
Dillerud noted the City and residents will end up with two times the wetland they have presently.
The fill will increase the usable rear yards on lots 4 and 5 to approximately 30 feet.
Mayor Bean asked Mr. Dillerud to describe how much fill will be used in the backyards and the .
process of establishing a wetland on lot 6.
Mr. Dillerud stated an amount. of fill sufficient to extend the backyards 30 feet and maintain a 3:1
slope will be used. A silt fence will be reinstalled at the new starting location of the wetland. Soil
scientists will determine the plant material taken out of the existing wetland and it will be replaced
in the new wetland area on lot 6. The new wetland will not re-establish immediately. It will take
approximately two years for.it to re-establish.
Mayor Bean opened the public hearing at 8: 10 p.m.
Mark Schuester, 26450 Noble Road, stated he was the neighbor to lot 5. He noted a wetland
alteration permit had previously been granted by the Minnehaha Watershed District to enable the
current house to be built on the lot. The lot had been unbuildable and after much arguing from
neighbors the request had been granted. He stated the wetlands are a dear resource for the. City. of
Shorewood and need to be maintained. He felt adding more backyard to a lot was a frivolous
reason to remove wetlands. He asked what criteria was used to allow a variance which went
against the rules of the County, State and Watershed District. He stated he felt the City. should
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REGULAR CITY COUNCIL MINUTES
February 20, 1996 . PAGE 3
uphold the guardianship of the lot and not mitigate wetlands to allow the developer to enhance the
value of the lots.
Greg Larson, 25535 Orchard Circle, stated he has been following the issues before the Planning
Commission and City Council for the past couple months and has been told constantly that the City
Wetland Ordinance is in place to remove the worry of losing the wetlands. He stated he felt the
character of the City is being changed bit by bit, piece by piece, as developers come. in and ask for
a little more and a little more. He asked the City Council to consider the precedence this vacation
would set.
Judy England, 25555 Orchard Circle, stated she had talked with the Corps of Engineers in an
attempt to understand how the City can override the requirements of the Wetland Conservation Act.
She was informed applications were approved if it was proven that the applicant had tried to avoid
or minimize filling of wetlands and will mitigate by creating additional wetlands. The Corps of
Engineers also indicated wetlands can not be filled for aesthetic purposes. She asked why this
issue was not resolved before the home was constructed. Ms. England indicated she has worked
with the Hennepin Parks wildlife section for 20 years. She noted a wetland could not be created in
2 years. It could take from 200 to 2000 years. A hole in the ground may be filled with water but it
will not be a wetland.
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Nielsen asked what proof had been submitted to the Corps of Engineers and the Minnehaha
Watershed District. He noted that both agencies had approved the request but the City did not have
any documentation of the discussions. He noted City approval has been granted to build the house
on this lot but not in the wetland area. If the vacation is not granted, the builder has agreed to build
a small deck and porch on lot 5 and install a retaining wall.
Mr. Dillerud stated a presentation was made to the Minnehaha Creek Watershed District to
determine if the applicant has tried to avoid, minimize and then mitigate. The Minnehaha Creek
Watershed District made the decision as the Local Governing Agency for the Wetland Conservation
Act. He explained the criteria can be somewhat subjective. The avoidance standard can vary
depending on the site in question. An argument can be made that it is not reasonable for a home to
be devoid of a backyard entirely. He stated he felt more compromise needed to be involved.. . The
mitigation plan of the proposal meets the required standards. Mr. Dillerud stated he was not
involved in the earlier mitigation required for the extension of Noble Road. He did not know if it
included mitigation on this lot.
. Mayor Bean asked the location of the buildable area on lot 6. Nielsen explained the buildable area
was on the westerly 1/3 of the lot. As part of the preliminary plat, the applicant requested to fill a
portion of the wetland on this lot to create a driveway. A few months ago, the City approved a
land swap between lot 6 and the lot to the west which will allow the development of a shared
driveway. This will eliminate the need of fIll for the driveway.
Mayor Bean stated he would like to see a copy of the documents of discussion of the Corps of
Engineers and Minnehaha Watershed District before he made a determination. He questioned the
timetable of the project.
Mr. Dillerud stated he assumed the project would be done in the spring as it would be virtually
impossible to obtain the needed materials this time of year.
Councilmember McCarty questioned why someone would buy a house knowing it did not have a
backyard and then expect to have a big backyard. She stated she would like to see the history and
agencies comments in respect to this approval.
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REGULAR CITY COUNCIL MINUTES
February 20, 1996 - PAGE 4
Councilmember Malam stated he agreed with Councilmember McCarty. Even though this was not
a variance request, he noted the owner had created the problem and the request was being made to
achieve a better economic outcome. Tony Eiden Company knew these were the last two lots and
should have done something in regard to design to accommodate this. He stated in the year he had
been on the City Council, he had never seen the Council authorize fill of one piece of wetland. He
encouraged Mr. Larson to stay involved and stated he was glad to see him in attendance this
evening. He asked Ms. England how the quality of a new wetland would compare to the quality of
an existing wetland.
Ms. England stated she was not an expert in this area. She stated she felt that a correct balance of
micro-fungi, insect and snakes could not be recreated. She noted in the scheme of the universe it
was probably not a big deal but it was the principle that concerned her.
Councilmember Malam stated he liked the fact that the City of Shorewood has taken the position of
greater stewardship with the wetlands than the Local Governing Agency, Corps of Engineers or
the Federal Government. The Comprehensive Plan included a conscious effort for more protection
of the wetland. Irrespective of what the Watershed District or Corps of Engineers had determined,
the City does not have to agree. . The Watershed District and Corps of Engineers' decision is only
subject to the criteria they use.
There was City Council consensus to review the discussion of the Minnehaha Watershed District
and Corps of Engineers involved in the approval of the proposal before making a determination.
Mr. Schuester indicated his confusion with information he had received in discussion With the
Watershed District. He stated this wetland was a well established wetland.
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Kate Lynchback, 25545 Orchard Circle, stated she has lived in Shorewood for three years and is
new to the whole issue. She stated her home has no backyard and drops significantly into a
marshland. She adores it. She stated she felt someone may buy the house who would like to
retain the wetland rather than have it filled. She noted the house to the east of this property has a
lot of vegetation and wildlife. She felt the proposed changes may carry over into that lot. She
invited Councilmembers to stroll down the street and enjoy the beauty of the area.
McCarty moved, Benson seconded to continue the public hearing for a request to
vacate portions of drainage and utility easements for Tony Eiden Company, 26550
and 26600 Noble Road until March 11, 1996 and direct staff to obtain .
documentation of discussions of this issue from the Corps of Engineers and . ..
Minnehaha Watershed District. Motion passed 3 ayes I 1 nay (Councilmember
Malam voted nay).
5. PLANNING . Report by Representative
Commissioner Pisula reviewed the actions taken and recommendations made by the Commission at
its February 20 meeting (detailed in the minutes of that meeting).
6. CONSIDERATION OF A MOTION TO AUTHORIZE EXECUTION OF
FINALIZED SENIOR I COMMUNITY CENTER AGREEMENTS &
AMENDMENT
Hurm reported the Cities of Deephaven, Greenwood and Excelsior had now approved the. Senior
Community Center Agreements and Amendment. Deephaven has approved the Center Rules and
Regulations. This item is on the agenda of the City of Tonka Bay next week. Staff is
recommending City Council approval of all three documents.
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REGULAR CITY COUNCIL MINUTES
February 20, 1996 . PAGE 5
Malam moved, McCarty seconded to approve the Senior / Community Center
Agreements and Amendment. Motion passed 4/0.
7. CONSIDERATION OF A MOTION TO AUTHORIZE THE MAYOR AND
CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT FOR
ARCHITECTURAL SERVICES WITH TSP / EOS FOR THE SENIOR /
COMMUNITY CENTER
City Engineer Brown noted that TSPIEOS has been working with a letter of understanding until all
parts of the agreement were accepted by all cities involved. The funds which have been previously
authorized by the City Council are quickly being used up. In order to keep the project moving
forward, this agreement needs to be approved.
Hurm noted the agreement is for $43,575.00 and is a "not to exceed" figure.
Benson moved, Malam seconded to authorize the Mayor and City Administrator to
execute an agreement for architectural services with TSPIEOS for the Senior /
Community Center. Motion passed 4/0.
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8.
ADMINISTRATOR AND STAFF REPORTS
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A. Report on Sewer Rates / Cost Allocation Task Force Recommendations
Hurm reported the Metropolitan Council had appointed a special Task Force to review issues
relative to sewer rates. The Task Force had appointed a special Advisory Committee of which he
had been a member. He noted some of the issues which were addressed included the sewer
service rate cost allocation system, the service availability charge, industrial strength, the use of
alternative resolution dispute, inflow and infiltration, and a clear water credit. Hurm explained the
conclusions and recommendations that have been made to the Metropolitan Council.
Mayor Bean commended City Administrator Hurm for his efforts on the Committee.
Brown noted that due to the recent ice storm, there would be a considerable amount of requests for
disposal of tree branches during this year's upcoming spring clean-up. He noted one option would
be to rent a chipper and have the Public Works employees grind the branches but this would
present a liability issue. He suggested it would be more feasible to allow residents to drop the
branches off at the Public Works Department. A tree service could then come in and bring their
chipper to grind the branches up or haul them away. The approximate cost would be $1,500.00 to
$2,000.00.
Councilmember Benson suggested the City could make the woods chips available to residents to
use for ground cover.
Brown noted this has been done in the past but it requires staff be present at the Public Works
facility at all times due to the increase in traffic. The City does not use the wood chips due to
problems they have experienced in the past. Branches have been collected curb side as part of the
spring clean-up in previous years. Brown suggested this could be continued but residents with
larger amounts could bring them to the Public Works Department and staff would be available to
assist them with unloading.
Hurm noted generally the costs associated with the removal of spring clean-up items are subtracted
from the revenue and costs are added to the next quarter utility bill. He noted the cost has remained
stable at $7.00 per household. This may increase this year due to the increased tree branch
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REGULAR CITY COUNCIL MINUTES
February 20, 1996 - PAGE 6
disposal. He noted there is a cap of $10.00 per household and additional costs could be obtained
from the general fund.
Brown reported he had met yesterday with the contractor who installed the dry hydrants, Mr.
Grewe, the Mound Fire Chief, and OSM Engineers. The problem with the dry hydrants is now
believed to be with the rock at the end of the pipes. Correction will require the addition of 1 to 1-
1/2 loads of rock and relocation of the weed map. The original contractor who installed the dry
hydrants has stated it would be easier to perform the repairs in the winter. It will also be necessary
to run a low volume pump for two days non-stop to backflush the pipes. It may be necessary to
perform the backflushing of the pipes with a low volume pump as an ongoing maintenance item.
Councilmember Benson suggested hiring a new contractor. Mayor Bean agreed.
Brown stated he had discussed the liability issue of the contractor being on the ice with the City
Attorney and he felt a "hold harmless agreement" would protect the City from any liability. City
Attorney Keane confirmed this.
Nielsen distributed a summary of recommended updates to the Comprehensive Plan which had
previously been distributed to the Planning Commission. He requested Councilmembers prioritize .
the various tasks that were left to be done to implement the Comprehensive Plan. Staff will collect
the lists and tabulate the results. A joint session will then be held with the Planning Commission
and City Council to discuss the results.
12. MA YOR AND CITY COUNCIL REPORTS
Mayor Bean presented a plaque to Councilmember Malam from the City of Shorewood in
appreciation of his dedication while serving on the Planning Commission and City Council.
Mayor Bean stated he was sorry to see him go and wished him good luck on his next endeavor.
Councilmember Benson noted Councilmember Malam had made the last year an enjoyable one for
him and he noted Councilmember Stover would say the same if she were here. He stated he would
miss Councilmember Malam a great deal.
Councilmember McCarty noted Councilmember Malam had a great philosophy and great insight of
what the City of Shorewood will be like in the future. She stated she will miss him as he was a lot
of fun and she wished him a lot of luck.
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CouncilmemberMalam stated he loved this part of the City. He stated he had said his goodbyes to
the Planning Commission but had not had a chance to say goodbye to the Park Commission. He
noted the residents had no idea how lucky they were to have people this dedicated on the Park and
Planning Commissions and noted the tremendous amount of time and effort they put forth.
Councilmember Malam noted City Engineer Brown is new with the City and he must be good
because his previous boss is still upset that he left. He commended Brown for stepping in and
hitting the ground running. He stated the City will be better off because of it.
Councilmember Malam stated he was grateful for all the great work done by Finance Director
Rolek. He encouraged him to keep winning all those awards.
Councilmember Malam stated he had learned more from Planning Director Nielsen about the
government in terms of planning and the whole system than anyone else in the City. He
considered him a good friend and mentor.
Councilmember Malam encouraged Recording Secretary Lorri Kopischke to speak up more.
REGULAR CITY COUNCIL MINUTES
February 20, 1996 - PAGE 7
Councilmember Malam thanked City Attorney Keane for his efforts noting he provides a shield for
the City.
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Councilmember Malam stated he had never met anyone more professional than City Administrator
Hurm. He noted the City of Shorewood is extremely fortunate to have Jim Hurm as their
Administrator. He commended his dedication, professionalism and commitment to the City.
Councilmember Malam stated he was proud to have been associated with this group and felt they
had accomplished more in the last year than has been accomplished for many years.
Councilmember Malam stated Councilmember Benson had taken him under his wing five or six
years ago. He thanked Councilmember Benson for all he had done for him.
Councilmember Malam stated he knew Councilmember McCarty would never let him forget those
300 votes. He encouraged her to keep hugging those trees and to keep looking out for kids and
parks. He noted they both shared the same mission and philosophy for the City of Shorewood.
He encouraged the City Council to keep the Senior I Community Center going. He noted the water
issue has been hotly debated but stated it is the right thing to do and encouraged Councilmembers
to keep the project moving forward. He encouraged Councilmembers to work toward affordable
housing in the City. He. stated he did not believe snowmobiles had a place in the City of
Shorewood.
Councilmember Malam publicly gave his endorsement to Planning Commissioner Jim Pisula to fill
the vacant chair on the Council after tonight. He cited his logic, compassion and tremendous
analytical skills.
Councilmember Malam told Mayor Bean he had to run for office again. He stated the residents of
Shorewood have no idea how much effort this man has put in this past year. He stated Mayor
Bean's leadership has been phenomenal. He has done the job well from day one and has only
gotten better.
He thanked everyone very much.
13.
ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL
OF CLAIMS
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Benson moved, Malam seconded to adjourn the City Council meeting at 9:42 p.m.
to Executive Session, subject to approval of claims. Motion passed 4/0.
RESPECTFULL Y SUBMITTED.
Lorri L. Kopischke
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
EXECUTIVE SESSION
TUESDAY, FEBRUARY 20, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
9:56 P.M.
MINUTES
1. CONVENE EXECUTIVE SESSION MEETING
Mayor Bean called the meeting to order at 9:56 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, and McCarty; City Engineer
Brown, City Administrator Hurm, City Attorney Keane, and Planning Director
Nielsen.
2.
DISCUSSION
A Johnson Property
City Attorney Keane explained the status of the pending litigation in regard to the Johnson
property. He explained a recent exchange of correspondence in response to questions of
the Councilmembers.
3. ADJOURNMENT
Malam moved, Benson seconded to adjourn the Executive Session meeting at 10:10 p.m.
Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Lorri L. Kopischke
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERTB.BEAN,MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
WORK SESSION
WEDNESDA Y, FEBRUARY 21, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
8:52 P.M.
1.
MINUTES
CONVENE WORK SESSION MEETING
DRAFT
Mayor Bean called the meeting to order at 8:52 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers McCarty and Benson; Planning Director
Nielsen, Administrator Hurm, City Engineer Brown, and Consulting
Engineer Paul Hornby.
2. DISCUSSION ON 1996 CAPITAL IMPROVEMENT PROJECTS
Hurm explained this work session is being held to allow Council a chance to provide
direction to the engineers regarding the proposed projects on Eureka Road, Strawberry
Lane and Smithtown Road having had public information meetings on all three.
Benson reiterated his opposition to curb and gutter on Eureka Road, thereby changing the
character of the area, unless it is absolutely necessary to maintain roadways. He felt
Eureka Road north is not a collector road and should be restored to current status. He
stated he is willing to keep Smithtown Road and Eureka Road South on the system.
McCarty agreed.
Benson stated he supports a trail on Smithtown and Strawberry because they are collectors
and there is a larger volume of traffic.
McCarty agreed with Benson about retaining the character of the area. She suggested
installation of the watermain along Eureka and restoring the street to present condition. She
brought up Mr. Larson's comment about the Council separating the issue of water and
development, and stated she felt they need to do a better job of this.
Bean agreed and explained potential development was identified to enable staff and Council
to anticipate areas of first need for water.
Brown stated the roadway in its current status is not designed well with respect to drainage.
To use funds wisely, ditches should be constructed to provide for proper drainage, which
would impact trees.
Bean suggested construction of a 20' wide pavement, and allow the additional width for
ditching.
Brown noted there would not be enough room for that to happen. He stated the choices are
either a ditch or curb and gutter. If curb and gutter were to be provided in order to save the
trees in the area, it would have to be required along two-thirds of the entire roadway. He
stated another alternative would be a blacktop curb, which aesthetically over time is. not
desirable. If the drainage issue is not dealt with at this time, the roadway is more likely. to
fall apart over a 10 year period as opposed to a 20 to 40 year period if it is rebuilt.
2;;
.." ...-.j.
City Council Work Session
February 21, 1996
Page 2 of 4
Brown noted another alternative would be to put in the watermain, overlay and patch the
street. However, he stressed that this would not be the best use of funds as the road would
deteriorate in the near future.
Nielsen pointed out the loops of the roads are necessary for MSA funding. He pointed out
a certain number of miles must be maintained on the MSA system. The Council could
chose to keep Eureka Road as MSA but don't build it to standards or switch Strawberry
Lane to MSA designation.
Brown noted Strawberry is currently proposed at a 24' width. MSA construction requires
26' unless special permission is given to go to 24'. Minimum design is 11' lane with a 2'
shoulder.
Brown advised that when cost projections were done for the 20 year watermain plan,
dollars for reconstruction of the roadway were omitted because they were using MSA
funds. If State Aid funds are not used the projections will need to be revised to reflect use
of City funds.
Bean pointed out if Strawberry Lane is redefined as MSA and Eureka Road is removed
from MSA, the dollars should almost balance out. He stated to accomplish this on
Strawberry Lane, the trail may have to be removed, which would make the residents
happier. He felt the trail makes sense on this road, but eliminating it may be the only way
to accommodate the MSA designation. He asked if the loop needed would be provided.
Bean noted opposition by the residents to the trail along Strawberry Lane and Smithtown
Road.
.
Hurm suggested requesting a 24' wide MSA designation, with the possibility of gaining
additional right-of-way in the future for the trail.
Brown noted that 2' will neither make or break the trail concept. Six foot wide trails are
proposed because of MSA and ADA standards.
Nielsen felt a 24' wide roadway, mixing traffic and people, is very marginal. He felt they .
should go at least 26' wide for Strawberry Lane.
Brown felt that the residents he talked with along Smithtown Road would have accepted an
on-street trail more than the proposed off-street. However, the problems associated with
that include: 1) lack of protection for pedestrians; and 2) increases speeding as drivers
perceive their boundary being the curb. He noted the on-street trail would cost more to
construct, but maintenance is easier.
Benson stated his opposition to an on-street trail because it creates a false sense of security
for pedestrians.
Nielsen felt the decision should not be based solely on comments by residents immediately
along Smithtown as there are many others in the area who would use the trail, especially
considering the Minnewashta School traffic.
McCarty asked about the feasibility of a survey, but she felt this is a public safety issue.
1Ir
City Council Work Session
February 21, 1996
Page 2 of 4
.
Bean reiterated the fIrst section of Smithtown Road project was done under MSA
designation, and the plan is that the entire road will be designated as such.
Hurm questioned the procedure for designating Strawberry Lane as MSA.
Brown noted he would have to send a letter of request to designate by March 1, and the
Council would have to adopt a resolution by May 1. He stated Minnetonka has approached
him about designating Vine Hill, and it is his intent to follow through with that request.
Brown noted that in reviewing past documents he found a technical error in that private
road mileage was included thereby putting the City over allowed MSA mileage. He stated
he will be reviewing the entire system in detail.
Benson noted he felt trails are a totally different transportation mode unlike sidewalks and
wherever possible, should be provided.
Bean noted the general comments at the information meetings were that people do not want
the trail along Strawberry Lane, and if one is provided, they won't use it anyway. It is
very close to several homes.
Brown asked if the Council felt Strawberry Lane to be a highly traveled area.
Benson stated he can only estimate, but felt if a study were done the results would be
amazingly high. He felt if a trail were provided, people would use. it despite their voiced
opposition.
.
McCarty agreed but reminded the Council of some homes where the setback from the road
is minimal at present.
Bean stated he felt the trail should not be along Strawberry Lane because it would create a
hardship for the properties close to the roadway.
Hurm suggested doing the road reconstruction at this time, and plan for a trail in the future.
Brown felt if the trail were not a part of the street reconstruction, it probably won't be built
within the next 15 to 20 years.
Council directed staff to consider the narrowest roadway possible, meeting State Aid
requirements.
Hurm reviewed Council's directives:
Smithtown Road - no changes., off-street trail, 32' wide
Eureka Road - watermain with street restored to current status
Strawberry Lane - watermain and 26' wide street reconstruction, designate MSA,
no trail
.
.
CITY OF SBO:REWOOD
RESOLUTION NO.
A RESOLUTION IIAltING AN APPOINTMENT TO THE VACATED
CITY COUNCIL POSITION FOR CITY OF SBOREWOOD
FOR THE BALANCE OF THE YEAR 1996
WHEREAS, a City Council position is vacant as a result.
of the resignation of Councilmember Doug Malam, and
WHEREAS, the vacancy has been advertised and interviews
of all applicants conducted by the City Council,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Shorewood, pursuant to Minnesota Statutes
Section 412, as follows:
1. That Frank R. Shaw, Jr., also known as Tad Shaw, is hereby
appointed to the office of Councilmember to serve through
December 31, 1996.
2. That such appointment shall take effect immediately upon
the Oath of Office being administered.
PASSED AND ADOPTED BY THE CITY COtmCIL OF THE
CITY OF SROREWOOD this 11th day of March, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
):;f."7
J
CITY OF
..SHOREWOOD
MAYOR
- Robert Bean
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
Doug Malam __'
--
'--
j . ': ~
..' 575~COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612L474-3236-7"'
~ORANDUM
.
TO:
FROM:
DATE:
RE:
i Mayor and City '~uncil
Brad Nielsen. /
-'.
'--:-1
7 March 1996
Boulder Ridge - Request to Vacate a Portion of Drainage and Utility
Easement -. .
-.
FILE NO.
-.
Property - 26550 and 26600 Noble Road
.
This item was tabled from the last meeting, at which time staff was directed to compile
additional information relative to Corps of Engineers and Watershed District approvals of
the fill permit. The following items are attached for your review:
Exh1bit A - Applicant's Wetland Delineation Report, dated 10 October 1995
Exhibit B - Corps of Engineers approval, dated 13 October 1995
--...--~-=:....... ,,// . \. ..-
Exhibit C - MCWD permit application, date'd-2 November 1995
Exhibit D - MCWD,Board Agenda and Minutes from 9 November 1995 meeting .
, ~bit E - MCWD Permit, dated 13 November 1995_
. )
'. You Will note that the MCWD staff recommendation is a single paragraph on Exh1bit It. :
The item .was included on~. Board's. consent agen~ resulting in littl~ or no ,discussion.
If you have any questions rel8tive to this matterr please do not hesitate to catlme prior'to
'. Monday night's meeting. . ~-"-
-~--,.,
cc: Jim Hurm
Larry Brown
Tim Keane
A Residential Community on Lake Minnetonka's South Shore
>-
'. '
....." /."
""'-- - ~-...
-"-.
, I
,
, ~
~.
, ~
---
J:#6
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North. Plymouth. Minnesota 55447
Telephone
6121476-6010
612/476-8532 FAX
EngIneers
Planners
Surveyors
October 10, 1995
Minnehaha Creek Watershed District
Board of Managers
15500 Wayzata Boulevard
611 Twelve Oaks Center
Wayzata, Minnesota 55391
.SUBJECT:
Boulder Ridge Estates, Lots 4, 5, and 6
Wetland Delineation Report
MFRA #11048
Dear Sirs:
At Ms. Suzanne Weedman's request we have prepared the attached wetland
delineation report for the wetland on the Boulder Ridge Estates, Lots 4,
5, and 6 near the proposed wetland impact and mitigation sites. The
proposed impacts and mitigation have previously been provided. The need
for this report has arisen because WSD staff indicated the documentation
provided when the WSD approved the Boulder Ridge Estate si te plans 2
years ago are not available to review.
4Irroject Locational Data
The Boulder Ridge Estates project in Shorewood Minnesota was approved in
1993. The approved project only involved wetland impacts for.J! minor
road crossing, and mitigation was provided in the plans by the previous
si te developer. As the Tony Eiden Company buil t the homes on the
Boulder Ridge Estates, it was determined that the previously approved
grading plans did not provide sufficient space for the houses designed
for lots 4 and 5. Mi tigation for the 4070 SF of proposed impacts was
proposed for the adj acent undeveloped lot 6. The Corps of Engineers
also established a jurisdictional determination (1993) near the impact
location, and the original si te plans showed the wetland boundary near
the mitigation site. The approximate legal Land description was
provided in our letter of application ( 7/20/95 ) and follow up letter
( 8/7/95 ) .
Exhibit A
Minnehaha Creek Watershed District
Board of Managers
October 10, 1995
Page 2
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 our work included:
.
National Wetlands Inventory Map (NWI);
Minnesota Department of Natural Resources Protected Waters
Map;
Hennepin County Soil Survey;
Previously Approved Site Grading Plans;
u.S. Geological Survey Topographic Map,
Corps of Engineer Letter of Authorization; and
1" = 200' Aerial Photographs.
.
.
.
.
.
.
.
The wetlands were then field (on-site) delineated on October 4, 1995,
using the principles of the Federal manual for Identifring and
Delineating Jurisdictional Wetlands (1989) and the 1987 Corps of
Engineers Wetland Delineation manual, including all adopted
modifications. The wetlands were classified according to the
methodologies in Wetlands and Deepwater Habitats of the united States
(FWS/OBS Publication 79181; Cowadin et.al 1979), and wetlands of the
.United States (USFWS Circular 39; Shaw and Fredin 1971). Since the silt
fence from the previous site grading was determined to be at the wetland
boundary, addi tional stakes were not placed in the field. The wetland
boundary was found to be consistent wi th the proposed impact area and
mitigation area on the proposed plan.
WETLAND CHARACTERISTICS
One wetland basin is adj acent to both the impact and the mitigation
si te. This basin extends off si te and eventually connects to Lake
Minnetonka (see maps provided in July 20 submittal). Although the basin
as a whole would be a Palustrine, Emergent, Seasonally Flooded,
partially ditched (PEMCd, Type 3) the impact area is at the upper edge
and is classified as a Palustrine, Emergent, Saturated, (PEMB, Type 2)
wetland. The impact area is above the DNR OHW (929.4) and the 100 year
flood elevation (931.5) so surface water would only rarely be present in
Minnehaha Creek Watershed District
Board of Managers
October 10, 1995
Page 3
the impact area. The impact area is dominated by a monotypical stand of
reed canary grass ( see attached data forms) . The soils meet the
classification of a Histosol, and hydrology was observed within six (6)
inches of the surface at the time of the site visit. The adjacent
upland is a previously permit fill area.
Between the mitigation site and the emergent wetland vegetation there is
an area approximately 250 feet wide, which is disturbed Palustrine
Broadleaf Forest, saturated (PF01B, TyPe 1) wetland. Evidence of
.grading and spoil piles are obvious but the size of the mature trees
growing in the disturbed area indicates this disturbance is very old.
The area also correlates with an area mapped as fill in the Hennepin
COunty Soil Survey which was conducted in the late 1960's and early
1970's. The vegetation in this area was dominated by Cottonwood, Box
Elder, Willow, and Silver maple with an understory of Reed Canary Grass
and Jewelweed. Soils were variable throughout this area, but in general
the area was less than a foot higher than adjacent areas of standing
water or seasonally flooded drainageways. The adjacent upland consisted
of old fill soils and was not disturbed by recent site grading.
However, the elevation of the upland fill was more than 12" above any
observable indicators of flooding or ponding. The vegetation out side
the wetland boundary was also dominated by upland species (Tall
Goldenrod, Kentucky Bluegrass, Ground Ivy, Canada Thistle, Sumac, and
.Moth Mullien).
Proposed Wetland Impacts and Mitigation
The proposed wetland impacts ( 4070 SF) will be necessary for the
completion of the lot grading on lots 4 and 5. The extent of the
impacts were specifically described in our July 20th, 1995 submittal,
and additional information required by the WCA was provided on August 7,
1995, including the BWSR standard forms.
We believe we have provided everYthing requested by the watershed
district for elevation of the project under the WCA. Ms. Weedman's
September 5, 1995 letter also requested some information sited in the
Corps of Engineers 1993 Letter of Authorization for the Boulder Ridge
Estates project, however the Corps of Engineers never received these
items from the original developer and we do not have access to those
Minnehaha Creek Watershed District
Board of Managers
October 10, 1995
Page 4
document if they exist. I hope we can now move this process forward and
if you have any further questions please give me a call.
Sincerely,
McCOMBS FRANK ROOS ASSOCIATES, INC.
.KefJf~pss
. Certified Professional Soil Scientist
KJB :mm
Enclosures
cc: Chuck Dillerud, Tony Eiden Co.
m:wp:ll048:kjblO.14
.
..
M-k ~Y'..d
~ ,,:=;',\e..
DATA FORM
ROUT1NE ONSlTE DETERMINATION METH001
_Invost;g~~ ~\~~~ .. Da,., o,~I4.1'1'"
Proi~e: :... ~ - <3 State: M,N Coun~ ~~\Y\
ApplicantlOwner: 1 Co Plant Community ,lName: Clt\ -,~,.."2-
Note: If a more detailed site description is necessary. use the back of data form or a field notebook.
----------~-----------------------------~------~---
Do nonnalenvironmentat conditions exist at the plant community?
Ves ~ No _ (If no, explain on back)
Has the vegetation, soils, aneIIor hydrology been significantly distufbed? .11 d~'
Ve. _ No -1L- (If yes, explain on back) Wat \~ 1\r..-. ~""c\l 1Wl c..d~ u9W i~ ~.vto..>s.\"t ~,nc. ,\\.
-~---------~-----~------------------------------~-~
VEGETATION
Ind"lCatOr
StatUS
Stratum
Indic:amr
Dominant Plant Species Status Stratum Dominant Plant Species
*' 1. ~ <AWl.""'" Gya",~ t~} r~ '" 11.
~ 1~
. 3. 13.
~ 1~
~ 1L
L 1L
~ 1~
L 1L
~ 1~
1~ ~.
Percent of dominant specie. that are OSL. FACW, and/or FAC \oo'Z.
Is the hydrophytic ~etation criterio",met? Ves ~ No _
Rationale: ? 50'1. f"P<.. a' ~.,.
.
SOILS
Series/phase: ~~c\ '" l-\cr.~ I ~~,~ cr."- 't\\~ \ SubQroup:2
Is the soU on the hydric soils list? Ves ~ No _ Undetermined
Is the soil a Histosol? Ves ~ No _ Histic epipedon present? Ves _ No ~
Is the soil: Mottled.1, Ves _ No ~ Gleyed? Ves _ No ~
Matrix Color: loJ "70 Mottle Colors:
Other hydric soU indicators:
Is the hydric soB criterion met? Ves --:6... No . \ \ \ '\ .
Rationale: ~~\ ltJ ~~i:~: ~r:..~t:: ~~O~~ oe~.~d ~~ \. ~,^,l.\.. ~
~ ... ~\'( fIo~ t.i >. ~\I\"-~ ~ A \~""'~\~ "'+- ~~""
HYDROLOGY
Ia the ground surface inundated? Ves _ No -lS.- Surface water depth: ~
lathe soil saturated? Yes_ No...:!S.- "
Depth to free-standing water in pJtIsoiI probe hole: (..
Ust other field 8Yi nc. of . ace inUndation 0 soil saturation.
Cu\M"""~, ~ ,,~c. _ \-. ' .
Is the wetland hydrology criterion met? Ves >< No
Rationale: ell: o^ \G\W\ .._~
., ~ \e v', e.. 0.11<0
., ~ e.\cw..
u,)""'- ~\s. ~
.JURlSDICllONAL DETERM1NA 110N ANO RAilONALE
Is the plant community a w-*nd? Ves ")( No ..6 . \ .. \\ \, """1
Rational for "jurisdictional decision: ~~ ~ ~ ~~.. ~ ~
is as.\..\\u.\:e~ .d: ~~ 'm.se. c~. \ ~ ' CIl"" \ 10~~ W\~ ",\\-~C4t.
1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community
Assessment Procedure.
2 Classification according 10 -SOU Taxonomy:
B-2
I
[
(
-[
[
I
.1
(
(
(
-I
I
I
I
r
(
(
. -.(
1
" ...
SOILS
Serieslphase: ~9-c1 ~ +;\\~ \~O -~~-~ Subgroup:Z -
Is the soil on the hydric $Oils list? Yes _ No _ Undetermined'(
Is the soil a Histosol? V.. _ No -lS.- Histic epipedon pr8ant? Vn _ No ~
Is the soil: Mottled? Yes 'll. No Gleyed? Vel No ,{
Matrix Color: \0."" ),. u.~ - Mottle Colqrf:. ,.ft ...~ ta u.."
Other hydric soil indicators: M".\"':l ~-----'\. .~~ A~- 'r 10 - ...;.~ -~- ~ ,-c\,~
Is the hydric soil criterion met? Ve. ~ No ...
Rationale: "l"'oo&. '-- ~ .f ~ ".\\\c.. ~,,"v04. ~4 &W\~ liR'et. _~ -...~ _...w.-~\..lc.
;~ 1 ~;_ ~ :::\ ~ :.... """" \~ .~ .~ ~ &\1\.1-.. oJ. ~~
HYDROLOGY
Is the ground surface inundated? Va _ No ~ Surface water dep1h: r6
Is the soil saturated? Va No cQ 'loSt"
Depth to free-standing wate~pitIsoil p;hole: ~" PIioU. ~
List other field evidence of surface inundation or soil saturation. 1\ 1. .L'\ "uJ-... ~\ -d ~V'
.... -\t> fe ~ _,~l .w~ \.to"","" (
Is the wetland hydrology criterian met? Va -lL No _ . . .
Ration"': ~_.. A......~ ~ \0 ~ ~ -...\ \~ e~ -\0 \\-~\ o~ ~~~ ~ ...,"""
o..~ \_......~ ~\c. ::i eon.c.'<<...6 ~\ A~ w..\eor,\ai.,.A ~ -=. ~. '\\.e. -\....~ Jr ~ ~\-.; ~ 4WA
w . -~ "'-.... \i\o ~~1' ~'" \W..
JURlSDIC110NAL DETERMINATION AND RAnoNALE ~ _~. : .
Is the plant community a wetland? Ve. ~ No .
Rationa!e for 'jurisdictional decision: ~ &vCA. -..h~ ~V'U.. ~ o,\-i~.
..
~~~~~
-\0 ~ ~~,,~~~
f:>~ \-t.
DATA FORM
ROUTINE ONSITE DETERMINATION METMODt
Fteld InvestSgator(s): \41~ ~ ~o~ Date:
ProjedlSlte: ~ 12.\ 11: -$'- .,,;/ State: Mt.l County: \O\....._~Y\
ApplicantlOwner: 'Tc;:o"\l.4 f.Cl_ c.. Plant Community tIName: P~\..e.d - "\fCo \
Note: If a more detailed site description is necessary. use the back of data form or a field notebook.
~---~----~~------------~------------~--------------
Do norma! environmental conditions exist at the plant community?
Yea -L No _ (If no. explain an back)
Has the vegetation. IOils. and/or hydrology been significantly disturbed? ).k
Ves-LNo _ (If y.., explain on back) ~\~ ~ ~.~~~~:4~ ~~:S:.~y.~
------~---------------,~----------------------~
VEGETATION
tndicator
Dominant Ptant Species Status Stratum Dominant Plant Species
'* 1. P......'*- (4&""lAhX>d r-.c.+ T 11.
'* 2- "- E'\d~ ~- T 12-
. 3. ""~\\ow 09l. T 13.
4\. ~\".". ~ ~ T 14.
. S. ~ (' .A\I'\t~ (;-,~ f'JIt<)..tJ '" 1S.
.6. .\-..L.....-\ p~ \of 16.
7. 17.
L 1L
~ 1~
10. 20.
Percent of dominant species that are OBL. FACW. and/Or FAC \<.:>0
Is the hydrop"ytic Yeg.~ion cr~erion met? Ve,-L,. No _. t.l... _
Rationale: "> t;O"- :Ii. do-.." ...ll ~t'~...._ ~ -- ~
Ind'ator
Statui
Stratum
.
, This data form can be usecI for the Hydric Soil Assessment Procedure and the P1ant Community
Assessment Procedu....
2 CtusiflCation according to .Soil Taxonomy:
B.2
[
[
- ~
.
[
.[
[
(
-I
I
I
..
(
.. ..
-I
I
I
(
(
-
(
-.(
[
\,
U~Q,V\.d ~v-e:c.. .~
-\'Wl. "'~\\\~W\ ~\\e..
DATA FORM
ROU'T1NE ONSlTE DETEiWlNATlON METHOD'
F..1d Investig~: ~~ J ~ Date:
ProjedlSite: ""' tit, - -0 State: ",).1 CountY: ".~~
.Applic:antlOwner: \~ e.~~ C,o. Plant Community '/Name: \)o~~
Note: If a more detailed site description is MC8SSaIY. UH the back oj data form or a field ncnebook.
---~----------~------------~-----------~---------~.
Do normal environmental conditions exist at the ptant community?
Ve. ~ No _ (If no, explain on back)
Has the YeQlttation. soils, and/or hydrology been f.ignific:ln~1v distu~,~._..\ "-' u.......'" ,,",0. ~~ \~ ~~
Ve. --'6- No (If ye.. explain on back) ~.\.. (-,,\- ;'f ~\\ ~ ~n \ ,1.._
- -\0 ~'" 't1.(O\ICY~ -0 -~~ ~~ ~ ,-
---~-----------~----------------------~--------~--~
VEGETATION
Indica1ar
Dominant Plant Species Status Stratum Dominant Plant Species
If. 1. T...\\ 6.~a pAc..\.) \0\ 11. A.,",~ ".
. 2. ~\.ue..J."( """e..,_,~ VM,- \t 12-
. ~ :::r-~~ t;Y"d~ '= ~ ~::
. 5. ~"L. v~ "!a 15.
* 6. c...~ . "'"..~ ~ .~v '"" 16.
~ 7. ~~~ ~\~ fllllCJ.)- '" 17.
8. c...-.-A '1:._ 1=AcN ~ 18.
9. \'\.c.\. ~N~\A~_ f"~. \0\ 19.
10. ~doc.. w.-s:. \0\ 20.
Pereant of dominant specie. that are OBL. FACW, and/or FAC \-:J-
Is the hydrophytic vegetation criterion met? Yes No ')(. _ ~
Rationale: '-"" ~...... 50"7.. o~ c:k...-\~ ~,~ ~~C-., ~er
IncflClltor
Status
Stratum
~
.
SOILS
Serieslphase: ~d ..... ~\\..c\ \,~l!.. ~'f'Wo.&'\ Subgroup:Z --
Is the soil on the hydric soils list? Ves _ No...2S- Undetermined
Is the soil a Hatosol? Ves _ No -2S- Histic epipedon present? Ves _ No ~
Is the soil: Mottled? Ve. No x. Gleyed? Ves No )(
Matrix Color: _-.A \b'fR. y~. \O"t'&.-v:"" Mottle Colo~...e.. -
Other hydric soil indicators:
Is the hydric soil criterion met? Ve. No _ ~. .
Rationale: .. c.4\Qlf\. ~ ~ . .-4. oW'L ~\~
~ ,\~w.1\_ '" .,. \i~ ~ ~-.c.e~ \","4\~~ 0+ ~O~\"",'
HYDROLOGY
Is the ground surface inundated? Ves _ No ~ Surface water depch: ~
Is the soil saturated? Ve. _ No ~ '.'
Depth to fnt.standing water in pitIsoi1 probe hole: Y\O",," "",,-\'.,\1\. \'- ,~..
List other field evidence of surf.... inUndation or soil saturation.
W'\O"l.c, \".....e.,,~
Is the wetland hydroloQy criterion met? Ves ~ No ~
Ration"': ~ ~. ~ ..o"'~ I ~'Ma.. ~~ I .d .....--.0"'(" t~ UoIWt.
...dr ~.
JURISDICTIONAL DETalMlNA nON AND RATIONALE
Is the ptant community a wetland? Ve. _ No 'X \ .' 1\
Rationalef~!'t:f:~~~=~w.::~~~~ ~~ ~d ~ft~'\ 1'^~_'t.~.'\~1
1 This data form can be used for the Hydric Soil Assessment Procadure and the Plant Community
Assessment Procedure.
2 Classification according to .Soil Taxonomy:
...~
B-2
(
[
(
-[
I
I
-I
I
I
(
.. .'
.(
I
I
I
r
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.
~
a"-., TO
A TTIIIIIGN Of'
DEPARTMENT OF THE ARMY
IT. ,..... 0IIUlCT. CCIU" 0fI1NGINIIM
MlltCClN'l.1NlIlNIMI CliHrHli
,..""'" S1'IIUt BAIT
IT. I'AUI,..... .,ot",_
october 13, 1995
construction-Operations
Requlatory (96-00249-NW-JJY)
i~'I,- l~ rr=;-; -.\ ,-: i'?......
;;,,,,,\ 'I ic,li......, i?,: \./1 !: IU\
... li'-= '=" .-=" \ I '=~.
11'.J{
Hi....~ DEi' - ;] '995
If I : v 0./
jll !
i By
Mr. Kelly J. Bopray
McCombs Frank Roos Associatas
15050 2Jrd Avenue North
Plymouth, Minne.ota 55447-4739
Dear Mr. Bopray:
We have reviewed information about tbe proposal by your
clients, Anton and Diane liden, to fill approximately 1,550
square teet ot wetland at 26550 Nobel Road (Lot 5, Boulder ~idge
Estates) .
The project site is in the NE 1/4 NW 1/4 Sec. 32, T. 117 N.,
R. 23 W., Hennepin County, Minnesota.
The wetland complex 1s adjacent to Lake Minnetonka and
state-Protected Wetland 27-904W.
The only previous authorized till in this development was
0.1 acre or less of fill in a disturbed wetland along an old
crossing for an access road (Nobel Road) that was requested by
the oriqinal developer, and the only other proposed fill is
another 1,550 square feet for the adjacent lot (Corps ot
Engineers Regulatory File Number 96-00254-NW-JJY, Craiq and Susan
Skiem). Other wetland till and excavation in the project area
appear to have been completed much earlier, before such actions
were regulated by the corps ot Enqineers.
The fill.d wetland would be replaced at a 2:1 ratio to meet
Watland Conservation Act requirements. The affected wetland is a
disturbed reed canary qrasa area at the edqe of a marsh with an
excavated open-water portion (perhaps all of the proposed ~ill
area is former marsh filled with excavated orqanic soil).
The proposed work is eliqible tor authorization under the
Department ot the Army nationwide permit referenced by the number
below, provided the enclosed conditions are followed. However,
because the Corps considers Clean Water Act Section 401 water
quality certification for this nationwide cermit to have been
deoied bv the Minne.ota Po~lution Control Aaencv lMPCA\. you ~ust
obtain a Section 401 certification trom the MPCA to validate the
nationwide nermit for vour client's croiect.
Exhibit B
"'-- OIl S ."-\C" .......
::-/.:;. ::
--....<(", '. Of. ~~, .--. -.-., .-, - ,-,. .....-
.
-2-
You may consider your cli.n~'s 9roiect author~~ed by the
nationwide nermit when vou obtaiu a section 401 certitication or
waiver tro. MPCA.
The person ~o contact at the MPCA about Section 401
c.rti~ication is Mr. Larry Zdon, Water Quality Divi.ion,
Minn..ota. Pollution Control AqencY, 520 Lafayette Road, st. Paul,
Hinnesota 55155-3898. Mr. Zdon'. telephone number i. (612)
297-8219.
xt is your client'. responsibility to ensure that the work
complies with the terms ot this letter and tbe enclosures. IT IS
YOUR CLIENT' S USPONSXBILITY TO OBTAIN ALL REQtn:RED STATE
(includinq the Minneaota Pollution ContrQl Aqen~y, Hin,ne.ota
Department of Natural Resource., and s;at.'Wetland Conservation
Act.) AND LOCAL PERHITS ~D APPROVALS BEFORE yOU PROCEED WXTH THE
PROJEC'r.
If you have any questions about this Corps of Enqinaers
authorization, please contact Mr. Joseph Yanta in our St. Paul
office at (612) 290-5362.
sincerely,
~itf~ranch
. Determinations 33 CPR 330 - Appendix A (29)
Enclosure
.. _ I -,-, ,
,.
Minnesota Pollution Control Agency
~
October 18, 1996
.0
Mr. Ben Wopat
ReauJatoay Bnoch, St. Paul District
U.S. Anny Corps ofEPaiMen
190 Fifth Street East
St. Paul, Mlnnctota 55101-1638
RE: CENCS-CO-R 96-00249-NW.JJY
Nationwide Permit 29 Single-Family Housmg 33 CFR Part 330
Anton and Diane Eiden.. Lot S Development Boulder Ridge, Shorewood
Hennepin County
Dear Mr. Wopat:
.
Thi.letter is submitted by the. Minnesota Pollution Control Agency (MPCA) under authority of
Section 401 oCtile Clean Water Act (33 use 1251 etseq.) and Minn. Stat cbs. liS and 116.
The applicant propolOl a project to be eligible for a nationwide permit 18 xefcrenced above. The
project involves a proposal to construct a single family home located in NB 1/4 NW 1/4 Section
32, T 117 N, R 23 W, Hennepin County, Minnesota. The project will fill 0.04 acres (1,500
square feet) ofwedand. Compeuatory wetland mitllation will meludo creation of 0.07 ICtCS of
wetland on site.
no MPCA certifies the refezenced project since the project'. individual and cumulative impacts
do DOt appear to be significant u defined by present water quality standards provided the
followina conditioDJ are complied with:
1. The applicant must desip the project so that the fill has been mipim17ed ~r avoided to the
maximum extellt possible u required by 33 CFR 330, Appendix A (C) Section 404 condition
uwnber 4 and by state water quality standards 7050.0186.
2. This nationwide permit is not valid for any project which is located in waters or In wetlands
adjacent to and within 1,000 feet of waters that arc defined u Outstanding R.eaource Value
Waters in Minn. R. ch. 7050.
3. nus nationwide permit is not valid for placement of fill for the lnstalladon ofWastcwatcr
Soil Treatment SystemJ.
. 10D (Ibr "'IIIRI and .pccolllmpllred only); ('11)212.-'331
Prl1rUd lilt ,.,~1eJ fJIIPC' I:0Il"11",,,, lit fHlI /O"J16".;tom /KlIXr rrqe/.ti 6, ~n
o utavette Rd.; St. Paul. MN 55155-4194: (812) 296-8300; Regional Offices: Dululh' Bralneld' Detroit Lakes. Marshall. Rochester
5/9' d _ . _ . SOOC! >fHtl>.:U sewoJ::l-J t.JtlL! :60 S6, 90 -;-:'}
.
.
Mr. Ben Wopat
Paae 2
This -=don does DOt exempt the applic:aat ti'om tho respouibility of complyiq with all
appUcable local, atate and redenl requiremeDts. AOl' does it pent lIlY riaht to violate peaoaal or
property ripts.
It you have lilY quesdoDl 011 this. please call LawIence S. Zdon at (61!) 297-1219.
Sincerely. ,
X:N~d~.
Nonpohtt Source CompliaDce Section
WatJ:r Quality Division
JNH/LSZ:jae
cc: Crail and Susan Sldem. Shorewood
Mr. Kelly Bopray. McCombs Frank, Roos Associates. Inc. Plymouth
Mr. Charles Oaehoskie. u.s. EDviroIUl1Cl1tal Protection A.eBCY. Chlcaao
MI. L~ Lewis. Fielcl SupervisOr, U.s. FiIh and WUd1ifc Service
Mr.1Ccnt Lokbsmoe, Dinctor, Division of Waters. MONa
Mr. StIMt ColviD. BcolosJca1 Semen, BaYironmeDtallleYiew, MDNR.
1
, \
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3CCC!.+~2 sa.;o:::w ~.;t;8! :60 :;';.. '?0 J:::'::
.
.
Permit ADDliation No. 95-181 (District Staff Report)
November 2, 1995
Appliant:
Tony Eiden Company
400 Berkshire Lane
Plymouth, MN 55447
,\
,"'" .'i--'\,.,...
',;.:~.
Location: City of Shorewood, Tll7N, R23W, Section 32, NW 1/4
Purpose: WetIand alteration for the purpose of creating two buildable residentiaf lots.
ADolicable Rules: Rule L - Wetlands Conservation Act
Exhibits Reviewed:
1. Permit application number 95-181 received July 10, 1995.
2. Site and soil maps received July 10, 1995.
3. Letter to Wenck Associates from Advance Survey and Engineering Company dated
August 14, 1992 received July 10, 1995.
4. Letter to Advance Survey and Engineering Co. from Corp of Engineers dated
December 3,1992 received July 10, 1995.
5. Letter from Corp of Engineers to Don Patton ofRea1ty Center dated May 17, 1993
received July 10, 1995.
6. Grading, wetland impact and mitigation plan received July 20, 1995.
7. Letter of transmittal from applicant's representative received August 11, 1995.
8. Wetland delineation and replacement plan received October 16, 1995.
StatTReview and Summarv:
The stormwater management plan for "Boulder Ridge Estates" development was initially
permitted as permit 92-38. The project involves the impacting of approximately .09 acres of Type
II wetland for the purpose ofbuilding two single-family dwellings. The site is located on Noble
Road in the City ofShorewood, and is within Subwatershed Planning Unit U-I0, LM-38. The
quantity of wetland impact proposed is the minimum necessary to build a home consistent with
the existing development and complying with 10ca110t setbacks. The proposed replacement is
approximately 0.19 acres of Type II wetland.
Recommendations:
Approval as submitted.
The following condition shall be placed on the permit:
1. The deed restriction notice shall be submitted to the District prior to project commencement.
_/
."~ !/\,.o 1...'._....,_
'--.} .' .
'. - ?-:
Exhibit C
MM-04-1996 1S: 10 MII+EHFlI-IA CREEK ~TER5J.ED
~~ ~_ MINNEHAHA CREEK
~ WATERSHED DISTRICT
_. 15500 Waymm Boulevard
Suite 611 Twelve Oaks Center
Wayzata, MInnesota 56391
6124710682 P.02/05
w"',___ 80lIIDNIY
,
,
,
,
,
,
,
office: (812) 471107170 fa: (&12) 478-7173
BOARD OF MNIA8ERS: JOIlft e. l11amII, PmIdent: Pamela G. 8Ixt, VIce PnIsident: MaI1Ila
S. HartfIel. Stcmary; 1bornIs \'L Ldcu1ty, 1tusurIr: Monica 8raa; c. WOodrow I.ovt:
Thomas MaplI, Jr.: DIstrict DIteclor Eugene R. StnlnImM
1.
2.
. 3.
4.
S.
6.
7.
JIJ,..I~c-
A l
'MINNETONKA COMMUNII'Y CENTER- COUNCIL CHAMBERS
THURSDAY, NOVEMBER 9, 1995 -7:30 P.M.
AGENDA
Call to Order and Roll Call
Approval of Agenda
Approval of October 26 Regular, Board Meeting Minutes
Citizens not on a~da who wish to address Board (2-minute allowance).
Long Lake Improvement Project Update- LaBounty
Chain of Lakes Twin Lakes Subwatershed Improvement Project Update-- Love
Permit Applications: The following applications have been reviewed by the Engineer
&, in hislher opinion, meet all applicable rules. They will be approved without discussion
unless a member of the boardIapplicant request they be removed from the agenda.
Permit # ADDlicant Permit Tvpe City
95-181 Tony Eiden Company Wetland Replacement Shorewood
95-235 John Gehring Floodplain Alteration Wayzata
95-239 Iim Bedell Floodplain Alteration Mound
. 95-200 John Klingelhutz: Wetland Replacement Victoria
(After the Fact)
The following applications have been reviewed by the Engineer &, in hislheropinion,
~ meet all applicable rules and are recommended fat' denial.
95-129
95-233
Carll0bns0n
Craig Wolfe
New Rip Rap
Dredging
Orono ,".
Mound:
8. Engineer's Report
I'
o
60% ~1oJd . 3O'llo 1'o<<<OlIIUlIW
Exhibit D
MAR-04-1996 is: 11
MI~ CREEl< WATERSrED
612471121682 P.03/05
MCWJ) 11""" MHlinC
2. Recent vandalism at the site included damage to construction equipmen~ estimated at
'3,000. Four project signs were also defaced. Photos of the damage were distributed. Panzer
stated that a police report has been filed.
3. Panzer requested board approval on a change order to the Carl Bolander &: Sons agreement
which would increase the COntraCt price by $6,919:
a) An obstruction was hit while driving the steel sheet pilings for the weir in Twin
Lakes Park.. This caused the sheeting to twist Site location was moved and the pilings
were driven a second time. The additional cost for time and material to correct this
matter was SI,675.
.
b) The City of Minneapolis required pilings be used in an area of the Cedar Meadows
site to compensate for soil conditions. Aluminized corrugated metal pipe is now
specified which will increase project cost by $4, no.
c) Realignment of the piping for the storm sewer diversion coming in from the south
end ofFrancc Avenue win cost an additional $414.
Love moved. seconded by Gross, to approve the change order in the amount of $6,919.
VOTE: Motion carried unanimously.
~ APPLIGA nONS: Thomas recommended cl1a.,ging the permit approval process to
allow for discussion on some permits prior to a motion on the entire consent agenda.
Thomas noted Steve Albrecht, Carl Iohnson and Tony Eiden were present for pemtit items on
the agenda. Based on staff recommendations. Love moved, seconded by Blixt. to approve
permits on the consem agenda which included: 95-181, Tony Eiden Company, City of "-
Shorewood; 95-235, John & Kristin Gebrin& City of Mound; 95-239. nm Bedell, City of
Mound; and 95-200, John Klingelhutz, City of Victoria. VOTE: Motion carried
. unanimously.
Permit 95-129. Carl Iohnson.. Ci~ ofOroJlQ. Thomas invited Carllohnson to discuss their
permit Johnson's permit application for non-conventional rip rap on Crystal Bay, Lake
Minnetonka, was recommended for denial by District Engineers. Thomas as1cect Syverson to
update the managers on the proposed project and the reasons for recommending denial.
Syver:son stated the shoreline improvement project involved using steel plates ud anchors to
stabilize the shoreline. Tbe permit application was beard and denied at the June 22, 1995
board meeting. The applicant has submitted revised plans which now proposes to impact SO'
of shoreline compared to 100' of shoreline originally, and have rip rap placed on top of the
steel plates. Engineer's recommendation remained as denial for the following~: 1) the
project does not comply with normally accepted engineering standards due to the fact that the
1
~g~~'
. ~~ .
~~ ." . "." ~;
'9.sItED o'~
MINNEHAHA CREEK
WATERSHED DISTRICT
WA1'IR8HI!D BOUNDARY
,
,
,
,
,
,
,
15500 Wayzata Boulevard
Suite 611 Twe.ve Oaks Center
Wayzata, Minnesota 55391
offfce: (612) 476-7970 fax: (612) 476-1973
BOARD OF MANAGERS: John E. Thomas. President Pamela G. Blixt. Vice President Martha
S. Hartflet. Secretary; Thomas W. LaBounty, Treasurer. Monica Gross: C. WOOdrow Love:
Thomas Maple, Jr.: District Director Eugene R. Strommen
IIINIIliSOTA llIVEf'
November 13, 1995
--
"lID) ~ (~leU W b 1~1
iu~ :VG V I 4 1995 IU,"
I U
j8y_
--
Permit Auulication No. 95-181:
Applicant: Tony Eiden Company
400 Berkshire Lane
Plymouth, MN 55447
.
Location: City of Shorewood, T117N, R23W, Section 32, NW 1/4
Purpose: Wetland alteration for the purpose of creating two buildable residential lots.
Dear Tony Eiden Company:
At the regularly scheduled November 9, 1995 meeting of the Board of Managers, the subject
permit application was reviewed along with the following exhibits:
.
1. Permit application number 95-181 received July 10, 1995.
2. Site and soil maps received July 10, 1995.
3. Letter to Wenck Associates from Advance Survey and Engineering Company dated
August 14, 1992 received July 10, 1995.
4. Letter to Advance Survey and Engineering Co. from Corp of Engineers dated
December 3,1992 received July 10, 1995.
5. Letter from Corp of Engineers to Don Patton of Realty Center dated May 17, 1993
received July 10, 1995.
6. Grading, wetland impact and mitigation plan received July 20, 1995.
7. Letter of transmittal from applicant's representative received August 11, 1995.
8. Wetland delineation and replacement plan received October 16, 1995.
Action was taken approving your pennit application pending receipt of Rule J fees in amount of
$311.25.
Please note that due to size and complexity of certain projects, the Board requires that site
inspections be conducted. In these cases, the applicant is required to pay to the District a fee
equal to the actual costs of field inspection of the work, including investigation of the area
affected by the work, analysis of the work, and any subsequent monitoring of the work. These
costs are referred to as Rule J fees.
S:'O 135'.01-154\ Word'l::.:1113S.L:r-KM(;';jv
,..
~.J
Exhibit E
.,\)" , ~~C'''''C:~ . 300'.. ,:>")st-'::JnCjUr:1~!'
'.1_"'"
.
.
Tony Eiden Company
Permit Application No. 95-181
November 13, 1995
Page 2
Please be advised that the project is not authorized until the above has been submitted and you
have been notitied of permit issuance.
Sincerely,
WENCK ASSOCIATES, INC.
~~~~
Kristin M George ~
KMGIljv
cc;~..&t'Sho~d /
N:\OtUOt-tS4\WOllilLTEt t \3$l.lr-lCMG-ljv
FILE COpy
February 23, 1996
Shorewood City Council
Shorewood City Hall
5755 Country Club Road
Shorewood, MN 55331
Dear Mayor Bob Bean, Council members Jennifer McCarty, Bruce
Benson, Kristi Stover, and Doug Malam (or replacement):
RE: Public hearing to consider a request by Tony Eiden Company to
vacate drainage and utility easements on property located at 26550
and 26600 Noble Road. (Delayed until next council meeting frolTl
. Tuesday, February 20th, 1996 )
Please accept this as my written comment to be considered .and
entered on record as I will be away on a business trip March 4th,
1996.
The area in question is a wetland. To vacate drainage and utility
easements means to fill it in.
I'd like to talk about wetlands.
.
Wetlands comprise only a fraction of the total North American land
area. They take as long as 200 to 2000 years to develop. They are
part of a system providing life-giving waters and unique vegetation
which host a remarkable mosaic of creatures. The prairie pothole
region of the Midwest alone is used by about two-thirds of the
nation's 10 to 12 million waterfowl to reproduce.
Human beings depend upon these wetlands most of all for they
cleanse the water we drink. They are also a place for fishing, quiet
reverie, protection from flood, and home to the creatures we love to
watch.
Yet humans are destroying them-at the rate of 500,000 acres a
year-for development, agriculture, and other activities.
We are blessed with wetlands in Shorewood. I was glad to hear
from our Mayor and Council members on February 20th that they have
committed to a higher standard of protection for these wonders
which are worth protecting.
Digging a hole and letting it fill with water is not a wetland...if it
does eventually develop into wetland it will take a minImum of
seven generations of owners before it will equal what it is
replacing.
I visited with Joe Venta, one of the engineers employed by the Corp
of Engineers responsible for our area...he said that approval of a plan
means only that it meets with current federal law guidelines;
approval is not an endorsement that it is a good thing to do. This
reasonably is determined locally by standards a community sets.
I am opposed to filling in this or any wetland in Shorewood. I am
also concerned as to the precedent for future developers which
would be set if the council goes forward with approval to fill this
wetland in question.
.
JZAe,'ZJ?... '0 /~
Kate LyJ;;
25545 Orchard Circle
Shorewood, MN 55331
/
cc: Deborah Borkon, Planrting Commission Chair
.
to
CITY OF SHOREWOOD
RESOLUTION NO._
A RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1996
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
AND AUTHORIZING SIGNATURE OF SUBRECIPIENT
AGREEMENT WITH
HENNEPIN COUNTY AND ANY TIDRD PARTY AGREEMENTS
.
WHEREAS, the City of Shorewood, through execution of a Joint
Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin
County Community Development Block Grant Program; and
WHEREAS, the City of Shorewood has developed a proposal for the use
of Urban Hennepin County CDBG funds made available to it, and held a public hearing on
March 11, 1996 to obtain the views of citizens on local and Urban Hennepin County
housing and community development needs and the City's proposed use of $17,486.00
from the 1996 Urban Hennepin County Community Development Block Grant.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Shorewoodapproves the following projects for funding from the Year Urban
Hennepin County Community Development Block Grant program and authorizes submittal
of the proposal to Hennepin County for review and inclusion in the 1996 Urban Hennepin
County Community Development Block Grant Program Statement of Objectives and
Projected Use of Funds.
Activity
Southshore Senior Center Operation
Housing Rehabilitation
Budeet
$ 3,497.00
13,989.00
.
BE IT FURTHER RESOLVED, that the City Council hereby
authorizes and directs the Mayor and its City Administrator to execute the Subrecipient
agreement and any Third Party Agreement on behalf of the City.
ADOPTED by the City Council of the City of Shorewood this 11th day of
March, 1996.
ROBERT B. BEAN, MAYOR
ATrEST:
JAMES C. HURM, CITY ADMINISTRATOR
W7
~ SENIOR COMMUNITY SERVICES
[[[[110109 Wllyzata B1W., SulIe 111., Minne\Ol\ka. MN 55305
BOARD of DIRECTORS
Daralyn Peifer
PtrIsident
Bob Zagaros
1st \'kw President
Ryan Schroeder
2nd Vice President
William H. Gray
Secretary
Kevin Krueger
TreasUf9f
Tom Tleen
Past President
...., Guritz
"'~....t-Latpe
Aiko Higuchi
Member-at-Latpll
Mary Anderson
Nelson Berg
John C. Boeder
Lucille Crow
Robert DeGhetto
Dwight Johnson
Tad Jude
John Keefe
John Nelson
Senator Gen Olson
Lawrence Schram
.4IlnJ!m. In F. Wlthhart
~\III Director & C.E.O.
PROGRAMS
· H.O.M.E.
· Multi-purpose
Senior Centers &
Community Groups
. Senior Outreach
. Seniors Serving
Business
.
^ united Way
Agency
Phone 541-1019 Fax 541-0841
February 7, 1994
Mayor Robert Bean and City Council Members
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Mayor Bean and Council Members:
Senior Community Services is requesting $3,497 for the 1996-97
fiscal year from the City of Shorewood to support the programming
efforts of the Southshore Senior Center.
This request meets the new guidelines for distribution of
Community Development Block Grant (C.D.B.G.) funds as set forth
by HUD/Hennepin County.
Because of Shorewood's support, your older residents are able to
benefit from services such as dining and transportation, that help
them remain independent and also adds to the quality of the older
adult's life.
On behalf of Senior Community Services, an agency that works
with and for older adults, thank you for your past support and for
your continued support.
.~
~ Mem'o
...,.,,.
DATE:
January 17, 1996
TO:
Urban Hennepin County Cooperating Communities
Barbara HaYdet'1dministrative Manager
Hennepin County Office of Planning and Development
FROM:
.
SUBJECT:
1996 URBAN HENNEPIN COUNTY CDBO PROGRAM
Accompanying is the 1996 Urban Hennepin County COBG Program planning packet The following items
have been included to assist communities in the process of selecting activities for COBG funding:
1996 Consolidated Plan Schedule
Projected Planning Allocations by Community
Five-Year Priority Needs Summary
Sample Notice of Public Hearing
Sample Resolution
Request for Funding Form
List of CDBG Eligible Activities
.
The 1996 HUD appropriations are currently tied up in the federal budget reconciJiation legislation. Our best
estimate, at this point, for CnBG funding is a 5 percent reduction from 1995 levels. This is a result of
funding set asides and the expectation of new entitlement jurisdictions. For planning purposes, we are
utilizing an allocation of S3,560,OOO.nns AMOUNT WILL CHANGE. Final allocation amounts will be
sent to communities as soon as this information is available. Approximately, $40,000 will be added to the
1996 entitlement from recaptured 1993 COBG funds. All cities that bad funds recaptured have been notified.
As in previous program years, the formula for determining the planning allocations is based upon your
community's share of the urban county total population, people with incomes at or below poverty level and
overcrowded housing units. Poverty data is a double-weighted factor in the formula PopuJation figures have
been updated to 1994. All other data have been derived from the 1990 U.S. Census.
Hennepin County Office of Planning & Development, Development Planning Unit, 10709 Wap;ata Boulevard,
Suite 260, Minnetonka, MN 55305
Mail Code: 604 phone: (612) 541.7080 Fax: (612) 541.7090
CONSOLIDATED PLANNING
This is the second year the CDBG Program is being developed under the Consolidated Plan process.
HUD instituted this new process as a replacement for the independent planning and submission for the
CDBG, HOME, Emergency Shelter Grant (ESG) programs and the Comprehensive Housing Affordability
Strategy (CRAS). The plan is intended to guide communities in the preparation of a comprehensive vision of
housing and community development
Using a separate solicitation process, the county is currently requesting proposalS for the use of $1.537
million in HOME funds and $97,000 in ESG funds. All cities will receive a separate notification for the
HOME program. Only private, nonprofit organizations providing assistance to homeless persons are eligible
applicants for ESG funds.
COUNTYWIDE HOUSING & COMMUNITY DEVELOPMENT PRIORITIES
Below is a summary of the Consolidated Plan, countywide priorities. The priorities were developed using the
results of the survey of participating communities (surveys were received from twenty-six cities, representing .
more than 85 percent of the urban county population), 1990 housing and demographic data and comments
from housing providers and advocates. A detailed list of priorities by type of activity is enclosed.
HOUSING
Rental and Supportive Housing: planning, site acquisition, related infrastructure for development of new
units and rehabilitation of existing units for low-income households (less than 50 percent of median income).
Homeownership: planning, site acquisition, related infrastructures, downpayment assistance for low- income,
first-time homebuyers and rehabilitation of existing units occupied by low-income households.
COMMUNITY DEVELOPMENT
Neighborhood redevelopment/revitalization, senior centers, removal of architectural baniers/ADA
compliance, lead-based paint abatement and planning activities to address housing and community
revitalization needs.
.
PUBLIC SERVIC~S
Services to senior citizens, disabled persons and youth, child care assistance and transportation services.
The countywide priorities should be used as a guide when you consider the use of CDBG funds
to address local needs. The county wiD consider the relationship of proposed projects to
countywide priorities in the evaluation of projects for CDBG funding. If you propose to use
CDBG funds for a project that does not have a high countywide priority, you must clearly
explain why the project has a higher priority in your community. Local studies, capital
improvement plans, local needs analysis, etc. can be used to establish this.
SINGLE-FAMILY REHABILITATION PROGRAM
Several administrative changes will be implemented in 1996 under the CDBG funded single-family
rehabilitation programs. The most significant changes are: 1) that the lien period for the 0 percent deferred
loans (maximum $15,000) will be extended from 15 years to 30 years and 2) for families with incomes
greater than 50 percent of area median income ($25,500 for a family of four), the loans will bear 3 percent
simple interest for 10 years and have a 30-year lien. These changes are being made in light of current funding
limitations and to more effectively serve the working poor.
ADMINISTRATIVE REQUIREMENTS
No more than three activities should be undertaken in one community and each activity should have a
budget of at least $7,500. For cities receiving less than this amount, only one activity should be
programmed. When funds are committed jointly with other participants to carry out a single activity, these
limits do not apply. Communities are strongly encouraged to develop joint initiatives to address mutual needs
by consolidating their resources.
LOWnMODERATE-mCOMEBENEmT
.
Seventy percent of the CDBO funds must be utilized for activities benefiting very-low and low-income
residents.
HUD allows Urban Hennepin County CDBO funds to be used for eligible area benefit activities in census
tracts where the percent of low and moderate-income persons are 37 percent or more. This is an exception to .
the requirement that a majority of persons in an area must be low and moderate-income. Maps have been
provided to communities with qualifying census tract block groups. Please contact your CDBO
representative if you need a map or have a question about eligible low-moderate income benefit activities.
FUNDmG PUBLIC SERVICES
Funding public services at the community level and maintaining compliance with HUD requirements at the
county level continues to be problematic. Program income that can be applied to the public services cap is
projected to be 50 percent less in 1996 than 1995. The amount allocated to public service activities was the
maximum allowed by HUD, 15 percent of the entitlement
.
Communities will continue to have the flexibility, initially, of using up to 20 percent of their CDBO planning
allocation to fund public services. Proposals that exceed 20 percent will be reduced. Please be sure to utilize
the 1996 projected allocations for calculating the 20 percent public service cap.
Once all 1996 proposals have been submitted, county staff will determine if the 1996 program has exceeded
the HUD required 15 percent cap on public services. If we have exceeded this amount, communities
budgeting over 15 percent of their allocation may have to make reductions.
AFFORDABLE HOUSmG
Affordable housing for very low and low-income households continues to be a significant need in subut:ban
Hennepin County. Affordable housing, appropriate to the needs of different types of households, has been
identified as a high priority for the use of HUD resources in the Consolidated Plan. Activities are encouraged
that will develop or improve housing for low-income households, persons who are homeless or at risk of
becoming homeless, persons with disabilities, families with children and the elderly. The CDBG program is
an important resource to assist communities in addressing the critical need for affordable housing.
AFFIRMATIVELY FURTHER FAIR HOUSING
As recipients of HUD funds, Hennepin County and each subrecipient community has agreed to affirmatively
further fair housing. HUD has initiated measures encouraging recipients to become more pro-active in
addressing conditions that create impediments to fair housing choice. As a potential condition to receiving
future funds, HUD expects recipients to undertake specific activities that will serve to further fair housing
choice.
CnBG funding for fair housing activities is an eligible administrative or public service expense. For the
benefit of the Urban County Program, the Hennepin County Board awarded $30,000 of its administrative
budget for the FY95 COBG and HOME programs to three local fair housing organizations for fair housing
activities. They will provide the following services: fair housing choice outreach, counseling and referral
services, training and education programs and enforcement of fair housing laws and ordinances. We
anticipate allocating a similar amount from 1996 program administrative funds.
SUBMISSION REQUIREMENTS
PUBLIC HEARING
.
Prior to March 8, 1996, each community should conduct a local public hearing and pass a council resolution
on the proposed use of COBG funds. A sample public hearing notice and resolution are enclosed. The
resolution includes language authorizing the signature of 1996 subrecipient and third party agreements.
PROJECT PROPOSALS
Please complete one request for funding form for each project. Hennepin County staff will review each
project to determine CnBG eligibility, program benefit and the relationship to countywide priorities.
Please submit by March 8, 1996 the following:
1) Request for Funding Forms,
2) Council Resolution,
3) Public Hearing Notice,
4) Minutes from the Public Hearing
.
ASSISTANCE
Please contact me or your COBG representative if you have any questions or need assistance with the 1996
planning process. COBG representatives are as follows:
Mark Hendrickson - #541-7084
Rod Waara - #541-7088
Jim Ford - #541-7091
I look forward to working with you again in 1996.
Enclosures
.
.
HENNEPIN COUNTY
1996 CONSOLIDATED PLAN SCHEDULE
...~~~
!illlllllllll;flllll~,lll' ~~~~~n~::erials Distributed to Suburban
Local Public Hearings Begin
"~illl::::"..",
:'1::liilll:jJ:::
!':"lif.iI1:1;!j!!::, "
HUD Notification of 1996 Entitlement
.. Funding Proposals Due to Hennepin County
!illlf=!~lllllllllliljllilllljllii'lllli~'11111111 ~:=:I~~:dcounty Staff Review of Applications
:1111111111111111:111:11111111111111!111!1!'III!I:
i\II,':II~111\\I\!ioll!IIIII!I'll~111111I,Ii.! ;;n~:~d~:~ Plan/One-Year Action Plan Published
!111.l!!IIIIIII!!:!llillll!!IIIIIIIIII!I!II~ ~::~:~~:;~~~~~~~~ ~:;~~~:: Plan
\1,~I~I~I!I!lllllilil':~!I!:,j!I:!:,!I!I!!:',!: Hennepin County Board Authorizes Submittal of
..., ,',,:::j:}':,:::::',:::::::i'::::::::::::::::::::::i:::::~::' Consolidated Plan/One- Year Action Plan to HUD
:::':I~111111!!I!I!!:!:':II::I!!!111111111111111 ~:~~~~~~:t;: ~:one- Year Action Plan
ilii~~III!IIII!I!I~lllliIII1Ii!III!11111'.II,11111!: ~r~~~thorization to Implement the 1996
NOF AlRequest for Proposals Distributed
HUD Notification of 1996 Entitlement
Application Submittal Date
Hennepin County Staff Review of Applications
Completed
Selection Committee Reviews and Formulates
Funding Recommendations for County Board
Consolidated Plan/One-Year Action Plan Published
for Comment
Hennepin County Public Hearing on
Consolidated Plan/One-Year Action Plan
Hennepin County Board Authorizes Submittal of
Consolidated Plan/One-Year Action Plan to HUD
Consolidated Plan/One-Year Action Plan
Submitted to IIUD
HUD Authorization to Implement the 1996
Program
HUD Notification of 1996 Entitlement
Solicitation of Interest
Hennepin County/Mpls Homeless Task Force
Funding Recommendations for County Board
Consolidated Plan/One-Year Action Plan Published
for Comment
Hennepin County Public Hearing on
Consolidated Plan/One-Year Action Plan
Hennepin County Board Authorizes Submittal of
Consolidated Plan/One-Year Action Plan to HUD
Consolidated Plan/One- Year Action Plan
Submitted to HUn
HUD Authorization to Implement the 1996
Program
.
Community
Brooklyn Center
Brooklyn Park
Champlin
--Chanhassen
Corcoran
Crystal
Dayton
--Deephaven
Eden Prairie
Edina
- Excelsior
Golden Valley
Greenfield
- Greenwood
Hanover
Hassan
Hopkins
Independence
Long Lake
Lorello
Maple Grove
Maple Plain
Medicine Lake
Medina
Minnetonka
~. Minnetonka Beach
- Mlnnetrista
Mound
New Hope
Orono
Osseo
Richfield
Robbinsdale
Rockford
Rogers
- Shorewood
Spring Park
Sl Anthony.
Sl Bonifacius
Sl Louis Park
-- Tonka Bay
-- Wayzata
Woodland
PROJECTED PLANNING ALLOCATION
1996
URBAN HENNEPIN COUNTY CDBG PROGRAM
1996
Allocation
250,054
516,471
78,333
49,940
22,372
140,951
20,600
13,000
185,336
189,665
15,897
108,215
7,128
3,008
3,809
11,496
154,499
14,865
10,409
3,867
152,809
10,133
804
14,115
175,361
1,717
19,783
66,877
169,240
22,177
24,130
255,753
87,130
19,490
4,422
17,486
11,850
16,723
7,680
289,217
7,374
28,302
1,512
~ ~. .~..~.'\\
.
TOTAL
3,204,000
Hennepin County
Total Allocation
356,000
3,560,000
· Hennepin County portion only.
U:\CDBGXXnCTY ALL9S
01/16/96
URBAN HENNEPIN COUNTY
Five Year Priority Needs Summary
.
.... .... .. .... ..< '>i,iiZ;' ii;".)'i.' ....i... ...ii...... ...>i .......i .
i. ".<'
)i"i< ,/--- \>\,,:~J( . ;"f~ ."/<Pdority N8edteve. <
'i.'i .iii, ......,...i,i ,Percent.of,lI8dianHoUsebotd;lncome . <....
.......".. 'i..'..; ,........ . ".0 .i">' i '
.. ;.ii..' i). .i' ..31,**,i'.. ............'61-80%,
<
Cost Burden > 30% High High Medium
Cost Burden > 50% High High Low
Small Substandard High High Medium
Related
Overcrowded Medium Low Low
Cost Burden >30% High High Medium
Cost Burden > 50% High High Medium
Renter Large Substandard High High Medium
Related
Overcrowded High High Medium
Cost Burden > 30% High Medium Low
Cost Burden > 50% High Medium Low
Elderly Substandard High High Medium
Overcrowded Low Low Low
Cost Burden > 30% Medium Low Low
Cost Burden > 50% High Medium Low
Owner Substandard High High Medium
Overcrowded Low Low Low
'. i'i i i' . '.i'
PRIORITY HOMEl.ESS NEEDS PriOrity/Need tevel ..
.......... , ........
..;;'..;: ."...;:, ;iF,. .,.....'>i .ii,. '.' ......
I,., Families '1ndIVfdUBfa ;:;'~ ;i'
" .i 'i ,....... ,
Assessment/Outreach Medium Medium Medium
Emergency Shelter High Medium Medium
Transitional Housing High High High
Pennanent Supportive Housing High High High
Permanent Housing High High High
.
PRIORITY COMMUNITY .DEVELOPMENT Priority Need Level
NEEDS .
PUBUCFACII.1tYNEEDS. . ....,....x..'., "'<>,...,
,i.'
'-'N. /' .,....
Senior Centers High
Youth Centers Medium
Neighborhood Facilities Medium
Child Care Centers Low
Parks and/or Recreation Facilities Medium
Health Facilities Low
Parking Facilities Low
Other Public Facilities Low
INFRASTRUCTURE "IMPROVEMENT ;.~
Solid Waste Disposal Improvements Low
Flood Drain Improvements Low
Water Improvements Low
Street Improvements Low
Sidewalk Improvements Low
Sewer Improvements Low
.
Asbestos Removal Low
Other Infrastructure Improvement Needs Low
PUBUC". SERVICE. NEEDS . '.,
Senior Services High
Handicapped Services High
Youth Services High
Transportation Services High
Substance Abuse Services Low
Employment Training Low
Crime Awareness Medium
Fair Housing Counseling Medium
Tenant/Landlord Counseling Medium
Child Care Services High
Health Services Low
PRIORITY COMMUNITY DEVELOPMENT
NEEDS
Priority Need Level
Other Public Service Needs
Medium
High
Low
Low
Commercial-Industrial Rehabilitation
Commercial-Industrial Infrastructure
Other Commercial-Industrial Improvements
Micro-Business
Medium
Medium
Low
Medium
.
Other Businesses
Technical Assistance
Low
Low
Other Economic Development Needs
OTHER COMMUNITY DEVELOPMENT NEEDS
Medium
Energy Efficiency Improvements
Lead Based Paint/Hazards
Code Enforcement
Medium
PLANNING.
High
Medium
Medium
.Definina Need Levels:
The level of need is defined as follows:
Hiah orioritv:
Funding for these activities will be heavily pursued during the five year period.
Medium orioritv:
If funds are available, activities to address this need may be funded by the city
during the five year period.
Low orioritv:
The city will not fund activities to address this need during the five year period.
The city finds there is no need or that this need has already been substantially
addressed.
No such need:
.
.
SAMPLE NOTICE OF PUBLIC HEARING
1996 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Notice is hereby given that the city of in cooperation with Hennepin County,
pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a
public hearing on . 1996, at p.m. in the
The public hearing is on the housing and community development needs, priorities of the City and Urban
Hennepin County and the City's proposed use of the 1996 Urban Hennepin County Community
Development Block Grant Program proposed planning allocation of $
In addition, during the July 1, 1996 to June 30, 1997 program year, it is estimated that no additional
program income from locally funded CDBO activities will be available to the city.
The city of is proposing to undertake the following activities with 1996 Urban
Hennepin County CDBG funds starting on or about July 1, 1996.
Activitv
BudlZet
For additional information on the priorities, proposed activities, level of funding and program
performance, contact the city of at or the Hennepin County
Office of Planning & Development at 541-7080.
The public hearing is being held pursuant to MS 471.59.
Publhmg.not
SAMPLE RESOLUTION
RESOLUTION NO.
RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1996
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH
HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
WHEREAS, the City of . through execution of a Joint Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development
Block Grant Program; and
.
WHEREAS, the City of developed a proposal for the use of Urban
Hennepin County CDBG funds made available to it, and held a public hearing on
. 1996 to obtain the views of citizens on local and Urban Hennepin County
housing and community development needs and priorities the City's proposed use of $
from the 1996 Urban Hennepin County Community Development Block Grant
BE IT RESOLVED, that the City Council of approves the following
projects for funding from the Urban Hennepin County Community Development Block Grant Program and
authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1996 Urban
Hennepin County Community Development Block Grant Program.
Proieet
Budflet
. BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and
its to execute the Subrecipient Agreement and any required Third Party Agreement on
behalf of the City.
ADOPTED: the
day of
.1996
By Its
And Its
ATIEST
U:\CDBGXXl\RESOLUTI.FRM
.
.
1996 ,
URBAN HENNEPIN COUNTY CDOO PROGRAM
REQUEST FOR FUNDING
(Use one fonn per project)
A. GENERAL INFORMA nON
1. Community:
2. Project Name:
3. Contact Person! Phone No.
B. PROJECT DATA
1. Funding Request $
2. Is this request to fund an existing CDBG-FUNDED project? _Yes _No
3. Leveraged Funds: Amount $ Source
(To what extent does project leverage additional public or private funds/fino commitment?)
4. Project Location: Address
(Attach map.)
Citywide
5. Project Description: (Describe the project in as much detail as possible and identify what, if
any, alternative funding sources have been considered for this project)
6. Urban County Priorities: Using the list provided, identify what priority(ies) the project will
meet. (Note: If a proposed project is a low Urban County priority, you must explain. why it
has a higher priority in your community.)
7. Anticipated results/accomplishments projects will have. (ie; number of persons/households
to be assisted/served, number of housing units to be rehabilitatedlbuilt, etc.)
8. If applicable, describe how project will assist community in achieving Metropolitan Livable
Communities Act goals.
9. Implementation Schedule: (For the time period 7-1-96 to 12-31-97, identify the major .
project tasks to be performed and when they will occur.)
Task
Date
Month/Date
10. Budget: (Specify total project budget by major project component-i.e., administration,
planning, construction, acquisition, direct grants, public service.) .
BUDGET/SOURCE OF FUNDS
CDBG Other (identify)
ComDonent
$ $
$ $
$ $
$ $
Project Budget $ $
Total Project Budget $
"'. ,.
COBG ELIGIBLE ACTIVITIES
Federal statutes and regulations determine what activities are eligible under the COBG program.
Generally. three steDS are involved. in determining if COBG funds may be used to assist a proposed
activity .
1. Determine if the proposed activity meets one of the following national objectives of the program:
Benerlting low IInd moderate (UM) Income persons.
Prevention or ellmlntltlon of slums or blight; or,
Meeting II pIIrticulllrly urgent community development need.
2. Determine if the activity is included within the listing of eligible activities in the COBG regulations.
as modified by statutory amendments. A listing of eligible activity categories follows:
.
Acquisition of Ral Property
Disposition of RNI Property
Public FIIcllltles IInd Improvements
PriVlltely Owned Utilities ,
ClaRlnce of buildings and Improvements
Relocation
Public Services
Interim Asslstllnce - Urgent Need
Removal of Architectural 8IIrriers
Housing Rehllbilltlltion
Home Ownership Assistance
Code Enforcement
Historic Preservlltion
Commercllll or Industrial Rehabilitation
Economic Development Activities
Specllll Activities by Subrecipients
Planning IInd CllpllClty Building
.
3. Determine if the proposed activity falls within a category of explicitly ineligible activities listed
below.
Buildings for the general conduct of government
General government expenses
Polltlcalllctivltles
Purchase of Equipment (generally)
Furnishings IInd personlll property (generally)
Operating IInd Mlllntenllnce Expenses
New Housing Construction
Income Payments
NOTE: The current COBG program requlations are contained in 24 CFR Part 570, published
September 6. 1988 as amended. Contact your COBG Rep if you would like a copy.
.
.
City of Shorewood
(Official Publication)
CITY OF SHOREWOOD
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council of
Shorewood will meet in the Council Chambers of the
City Hall 5755 Country Club Road, Shorewood, MN a"
8:00 p.m. on March 11, 1996 (regarding Smithtown
Road), to consider a watermain improvement project!
street reconstruction, and construction of an off stre
trail on Smithtown Road from Eureka Road (north) t()
Country Club Road. The Council will consider the
construction of such water system improvements,
street improvements and off street trail. The
estimated cost of such improvements is $918,500.
All persons as desired to be heard with reference
to the proposed watermain improvements and street
and trail improvements may be heard at that meetinl
City of Shorewood
JAMES C. HURM
City Administrator
~
MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce BenSon
Jennifer McCarty
Doug Malam
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
;-
.
FROM:
DAlE:
=~= City c/;,oun~Cil /
/
Larry Brown
March 8, 1996 ...
TO:
RE: Smithtown Road Street ReconstruCtion, Extension of Watermain, and Off Street
Trail
City Project 95-16
Project Summary
This project is proposed to reconstruct Smithtown Road from Eureka Road north (west of the
trail) to Country Club Road using State Aid Funds. In addition, a 6.0' bituminous walkway is to
be constructed and watermain is to be extended from Eureka Road to Country Cub Road which
will interconnect the Boulder Bridge and Badger Field water systems.
The public information meeting for this project was conducted at City Hall on February 13, 1996.
. Roadway Width & Walkway
The. existing bituminous pavement varies between 27' to 30' with a gravel shoulder of
approximately 1.0 to 1.5 feet in width along both sides of the roadway. The proposed typical
section is 32' in width face to face of curb.
During the public information meeting, residents voiced concerns regarding the off street trail. In
light of this, staff considered several alternatives for an on street trail. There are several concerns
that will be discussed at Monday night's meeting centered around pedestrian safety. and the extra
width which tends to increase driver's speed on the roadway.
At this time, staff is recommending that the roadway be reconstructed at a 32.0 foot width face of
curb to face of curb, with an off street bituminous walkway on the north side of Smithtown Road.
. Note that the plans presented at the Public information meeting had indicated the trail on the south
side of the roadway. . .
Watennain
A Residential Community on Lake Minnetonka's. South Shore
8a,.
Smithtown Road
March 8, 1996
Page 2 of2
Staff is recommending the installation of a 16 inch diameter truck watennain be installed from
Eureka Road to Country Club Road to interconnect the Boulder Bridge and Badger Field Well
systems. This will also provide the necessary fIre flow protection currently served by the Badger
Well Area once the Minnewashta Water Tower is completed.
These recommendations are consistent with the water system analysis prepared for the City.
Feasibility Report
Staff will be forwarding the feasibility report to the City Council under separate cover, as they .
were not completed at the time packets were delivered. I apologize for any inconvenience this
may cause.
.
1.
.
CITY OF SHOREWOOD
RESOLUTION NO. 96-_
A RESOLUTION ORDERING PREPARATION
OF PLANS, SPECIFICATIONS, AND ESTIMATES FOR
CITY PROJECT 95-16
SMITHTOWN ROAD FROM COUNTRY CLUB ROAD
TO EUREKA ROAD NORTH (WEST OF THE TRAIL)
WHEREAS, pursuant to resolution adopted by the City Council December 12,
1995, a Feasibility Report for City Project 95-16 was considered by the City Council on
March 11, 1996;
WHEREAS, such improvements are considered to be technically and
financially feasible;
NOW, THEREFORE BE IT RESOLVED by the City Council of
Shorewood, Minnesota:
That the City Engineer is authorized to enter into an agreement for
preparation of Plans, Specifications and Estimate with Qrr-Schelen-
Mayeron & Associates for said project and will report to Council with all
convenient speed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this day of , 1996.
ROBERT B. BEAN, MAYOR
ATIEST:
JAMES C. HURM, CITY ADMINISTRATOR
eL-
ULj
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612)474-3236
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILENO.:
Planning Commission, Mayor and City Council
Brad Nielsen
27 December 1995
Camp Coffee - C.U.P. and Parking Variance
405 (95.42)
BACKGROUND
.
Mr. Stephen Bauer proposes to remodel the old Vine Hill Market store at 19215 State Highway
7 (see Site Location map - Exhibit A, attached) into a coffee house. Based upon Shorewood' s
zoning regulations the applicant's plans require a conditional use permit for a drive-up window
facility, a conditional use permit for off-site parking, a setback variance for the ingress/egress
drive on Vine Hill Road, and a variance for the number of parking spaces.
The property is zoned C-3, General Commercial and contains 13,598 square feet of area. The
existing building contains 2061 square feet of gross floor area. The applicant proposes to add a
20' x 16' deck which increases the floor area by 320 square feet. As part of his proposal the
applicant plans to narrow the "curb cut" on Vine Hill Road down to 23 feet in width. As can be
seen on Exhibit B the applicant proposes six parking spaces on the property, plus he intends to
lease 12 - 14 parking spaces from the property owner to the west and south of the subject site.
Plans for the remodeling are shown on Exhibits C - E. A site plan for the adjoining property is
included on Exhibit F, and the applicant's request letter is Exhibit G.
ISSUES AND ANALYSIS
Upon review of the applicant's plans and applicable City codes, the following issues should be
taken into consideration:
A. Restaurant - Permitted Use. In discussing the applicant's proposal with him, the principal
use of the property was determined to fit the restaurant classification versus a convenience
food ("fast food") facility. Although the applicant suggests that his proposal fits neither
classification, the requirements for a restaurant are considerably less than for convenience
food. Convenience food facilities require more parking and are only allowed by
conditional use permit, whereas restaurants are permitted uses and require less parking.
Even with this lesser standard, the applicant has requested a substantial variance to the
A Residential Community on Lake Minnetonka's South Shore
~J 0 h-
Re: Camp Coffee
C.U.P. and Parking Variances
27 December 1995
.
number of parking spaces which are required. According to his calculations, 39 spaces are
required. Including the 12 -14 spaces he intends to lease from the adjoining property
owner, he proposes only 20 spaces. The parking issue will be discussed in greater detail
further on in this report.
B. Drive-in Faci~ity - C.U.P. Despite the restaurant classification of the proposed facility, the
drive-up window necessitates a conditional use permit process. Section 1201.21 Subd.
4.a. sets forth criteria for such facilities. While several of the eleven conditions could be
met the following items need to be resolved:
1 . The proposed changes to the outside of the building are primarily cosmetic, but may .
enhance the appearance of the building: While seemingly desirable the proposed deck
adds floor space and reduces badly needed room for parking. It should be noted that
the existing building already sits too close to Vine Hill Road. Due to this
nonconformity no expansion of the building should be permitted.
2. The proposed site plan does not show lighting.
3 . All parking areas and circulation drives must be curbed. The existing parking lot is
not curbed and encroaches into the Highway 7 right-of-way. The proposed drive-up
lane extends 15 feet into the side yard setback along Vine Hill Road.
4. Access along Vine Hill Road has been narrowed to a 23-foot opening. While this is
an improvement over the existing wide open driveway which exists, it encroaches into
the Highway 7 right-of-way. As with the site plan which was approved for the
previous owner, a setback variance is recommended relative to the distance from the
northeast property comer, due to the unusual configuration of the r.o. w. It is not,
however, recommended that the driveway be allowed to continue to encroach into the
r.o.w.
.
5 . Improvements and corrections to the existing parking and circulation system (i.e.
removal of encroachments and curbing) should include a drainage plan to be- reviewed
by the City Engineer.
6. Proposed signage exceeds the number of signs allowed by the Zoning Code. The
applicant shows three wall signs and indicates that the existing pylon sign would
remain. No mention is made of a menu board for the drive-up window. The Code
allows a total of three signs, including one freestanding sign.
C. Off-site Parking - C.U.P. Section 1201.03 Subd. 5.j. provides for off-site parking by
conditional use permit. The proposed plan fails to meet several of the conditions specified
in the Code:
1 . The parking area which the applicant proposes to lease does not meet City
requirements for curbing, striping or setbacks.
2. Customers using the parking lot on the adjoining property would not only have to
cross the drive-up window lane, but would have to walk along a very narrow
sidewalk along the side of the drive-up lane.. It appears that the drive-up window
extends into the sidewalk.
2
Re: Camp Coffee
C.U.P.,and Parking Variances
27 December 1995
,
~
.
3 . The Code requires that the property used for off-site parking be under the same
ownership as the principal use. The applicant has not demonstrated that the adjoining
property owner is willing to sell off some of his parking. More importantly, based
upon City records, the adjoining property does not have enough parking area to be
able to sell any spaces. The site plan for the adjoining property (see Exhibit F) shows
20 spaces, of which a minimum of 19 are required for the office building. A site
inspection of the property indicates that as many as 24 parking spaces may have been
achieved by encroaching into required setbacks. If off-site parking is to be given
further consideration, the applicant must provide an as-built survey of the adjoining
property showing how much cQnforming parking exists on the site. The applicant
must also demonstrate how ownership of the parking spaces could be achieved.
Finally, a new mailing list must be submitted including property within 500 feet of the
adjoining property. Once this is received a new public hearing must be scheduled.
D. Parking Variance. In light of the issues raised in C. above the applicant effectively
provides six parking spaces on his property, one of which partially encroaches into the
highway r.o.w. and does not meet front setback requirements. The applicant's floor plans
show spacious seating for 26 people. The Building Code would allow an occupancy of as
many as 65 for a building of this size. There is nothing to support the applicant's idea that
much of the traffic to the site would be bicycle or pedestrian. Also the suggestion that
customers would only stay a few minutes contradicts the notion that people would come to
the facility to meet friends, study or read. High turnover is characteristic of convenience or
fast food facilities rather than restaurants. Thus the higher parking ratio required for
convenience food.
.
The ordinance requires that the applicant demonstrate that some hardship exists which
prevents him from making reasonable use of the property. There are more than two pages
of uses listed in the Zoning Code for the C-3 zoning district, most of which have a lesser
need for parking. The previous owner had in fact developed a plan for the property which
resulted in only one variance to the City's requirements. Much of the difficulty faced by
the applicant has been brought about by the previous owner's expansion of the building
from its original size.
RECOMMENDATION
In a preapplication conference with the applicant, it was explained that his proposal could be
processed as a variance or as an amendment to the Zoning Code. Although the applicant's
argument that a coffee house does not fit neatly into the City's definition of "restaurant"
suggests more of a case for an amendment approach, he chose to apply for a variance. In no
way does the request justify the granting of a variance. If the applicant feels strongly that coffee
houses should be treated differently than restaurants, he should be directed to apply for an
ordinance amendment, including supportive evidence as to why the Code should be changed. It
should be noted, however, that five parking spaces is considered inadequate for virtually any
use allowed by the Zoning Code.
cc: Jim Hurm
Tim Keane
Larry Brown
Stephen Bauer
3
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Exhibit F
SITE PLAN - ADJOINING OFFICE BUILDING
19245 State Highway 7
Stephen Bauer
Stephen Whitehill
Camp Coffee
4833 Westbrook Ln. Edina, MN 55436
Home phone/fax: (612) 922-1596
E-mail: java4u@aol.com
Bradley J. Neilsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, NIN 55331
.
12/1/95
Dear NIT. Neilsen,
We believe our business is substantiality different in its concept, operations and
immediate effect on the area than a restaurant. As a bit ofhistory: The
urbanization of the United States has moved people into a sort of isolation within
their homes, leaving them without common areas for free association that a coffee
house will provide. The cities of Europe, and even ancient Rome, knew that
common places, such as a plaza, market place, pub, cafe, bierstube or bistro was
Exhibit G
APPLIc;ANT'S REQUEST LETTER
Dated 1 December 1995
.
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an essential element in the design of their communities. These are a "third place,"
other than work or home, accessible to all, where one can meet friends and
neighbors on a daily basis to converse, read. study or simply discuss life's issues in
a leisurely setting. Somehow America has lost these wonderful places. I am
proud to have personally established three coffee houses of this "third place"
genre.
In Shorewood there are few, if any, comfortable places which are alcohol and
smoke free where all citizens may mingle freely. It is our belief that Camp Coffee
will fill the need for this third place. Stephen Whitehill, one of Camp Coffee's
owners, grew up in Nfinnetonka and has always known this location to be one
where people of all ages and economic status have been welcome. We wish to
establish a place which will continue to encourage and nurture this.
Weare very excited about the possibility of such an establishment within
Shorewood but are a bit dismayed to discover that there are not any references
within the current codes to such an establishment. While there are references to
restaurants, convenience stores and fast food outlets, the term "coffee house" is not
found. This is not any wonder, not only because the coffee house renaissance is a
relatively new occurrence in American culture but also because the city of
Shorewood has not yet had a coffee house within its city limits. Even though no
food will be cooked we have been given the d.esignation of a restaurant. This
causes a problem for us as we believe that a specific designation as a coffee house
would alleviate our need for such a great number of parking spaces, specifically 39
spaces.
Coffee houses are not like restaurants or diners. They are instead more similar to a
bakery, donut shop or video store which require less parking. A main difference is
that no food is cooked; all baked goods are produced at a wholesale kitchen and
delivered. I believe that the coffee house will cater to the great concentration of
local residents almost exclusively. These customers are more apt to travel by foot
or bicycle as they are usually alone and do not need to transport passengers.
Coffee house customers also act more like convenience store customers as their
average stay is a few minutes providing for a quick tmn over of parking spaces. I
don't believe that there were any problems with the parking arrangement of the
Vine Hill Nfarket as a convenience store.
Weare also requesting a commercial variance to provide a drive-thru convenience
service window. I believe this window will alleviate an estimated 35% of the
potential parking space needs as those who would have stopped and parked will
now just drive through.
As the code stands we would have to provide a total of39 parking spaces. This
number seems exorbitant because the space could not fit this number of
automobiles even if the building was removed. This code formula is designed for
a restaurant which needs high parking capacity for autos with multiple passengers
for extended stays. This is simply not the case for Camp Coffee.
Our current site plan supports a total of 6 to 8 vehicles with the two existing
entrance/exits for a free flow of traffic. These spaces are the maximum given the
property lines and existing restrictions. To expand our parking we have signed a
conditional contract with the owner of the adjacent propeI1Y which has a smplus of
space. His parking lot, which is situated directly behind the building to the north,
will provide for an additional 12 to 14 overflow parking spaces. We have agreed
to incur the expense of adding parking lines, signs, an access way and additional
lighting for safety.
.
These 20 spaces are more than half of the current code for restaurants and will
provide sufficient space for our customers arriving by automobile even if our
current sales projections are exceeded. I believe I am qualified to make such an
eStimate given that I have personally established, owned and operated three coffee
houses and I currently work as a consultant to those opening their own coffee
houses. I also visit a minimum of 10 coffee houses per week on business related
activity. We do not believe that there are any other viable options regarding the
compliance to current parking code with a restaurant designation.
.
It is our great hope that the planning and zoning commission will accept our
request for a commercial variance and conditional use permit which will allow us
to btPld a business that all of Shorewood will accept, support and be proud of. We
hope to work together to overcome any and all concerns. Please contact us with
any questions.
SinC?J,. el.Y .
Stq; , ~
Stephen Bauer
~
Stephen Whitehill
.
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MAYOR
Robert Bean
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Bruce Benson
. Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
FROM:
DATE:
Planning Commission, Mayor and City Council
Brad Nielsen
8 February 1996
RE:
Fll..E NO.:
Camp Coffee C.U.P. and Variance - Revised Plan
405 (95.42)
Stephen Bauer has submitted revised plans for a proposed coffee shop at 19215 State Highway 7.
This item was tabled from the January meeting, at which the Planning Commission generally
favored the concept of the proposal, but agreed with staff that parking was grossly insufficient.
The applicant was directed to revise his plans in an attempt to limit the necessary variance to the
same one that had been granted last year to the former owner. You may recall that Jim Pyle was
granted a variance for the setback between the access driveway on Vine Hill Road and the
intersection with the Highway 7 service road.
In his letter (Exhibit A, attached), dated 6 February 1996, and in his plans (Exhibit B - E), Mr.
Bauer proposes to reduce the building size by one half, reducing the number of parking spaces
required and creating additional room for more parking spaces. It should be noted that the revised
building will be approximately the same size as the original building on the site. The site plan
shows 13 parking space while still providing for a drive-up window. It appears that five cars can
be stacked for the drive-up window before they begin to block spaces 1 - 4 on the west side of the
building. It is expected that waiting time will be minimal and that drive-up customers will move
relatively-quickly through the line. Consequently, stacking is considered adequate.
Although the applicant suggests that a variance of five spaces is necessary, the number of spaces is
actually fairly consistent with the Zoning Code. Using a restaurant classification, the patron area
requires 11 spaces and the preparation area requires an additional two spaces, for a total of 13.
While the proposed office space would technically require an additional space, it is extremely small
and is not likely to be occupied during the most busy hours of operation.
The site plan greatly improves the conformity of t.lJ.e subject property. The existing wide-open
driveway on the Vine Hill Road side will now be confined to a 22-foot driveway. A 20-foot wide
landscape berm is proposed between the street and the drive-up lane. Bituminous paving which
currently encroaches into the Highway 7 r.o.w. is proposed to be removed. Curbing is proposed
around all parking and driveway areas.
A Residential Community on Lake Minnetonka's South Shore
-dd {D B
.
.
Re: Camp Coffee
C.U.P.Nariance - Revised Plan
8 February 1996
The improvements proposed by the applicant will change the site dramatically - for the better, and
he is to be commended for his efforts to work within the City's codes. It is recommended that the
driveway setback variance and conditional use permit for the drive-up window be granted subject
to the following conditions:
1 . The applicant must maintain the restaurant classification of the business by serving on
nondisposable dishes. Building permit plans must include dishwashing facilities.
2. . The applicant must submit signage plans which conform to Zoning Code requirements.
Signage is subject to approval of a separate permit by the City Council.
3 . The applicant has not suggested what hours of operation will be. It is recommended that
limits be established, particularly for the drive-up facility.
4.
A certificate of occupancy shall not be issued until required improvements are completed
(e.g. parking, curbing, striping and landscaping). A letter of credit will be required to
guarantee completion and survival of landscaping for two growing seasons.
BJN:ph
cc: Jim Hurm
Tim Keane
Stephen Bauer
2
Stephen Baner
Stephen Whitehill
Camp Coffee
4833 Westbrook Ln. Edina, MN 55436
Office phone/fax: (612) 922-2238
E-mail: java4u@aol.com
Bradley J. Neilsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
2/6/96
.
Dear Mr. Neilsen,
Greetings. This letter is an accompaniment to our revised survey, floor plan with
elevations. This letter also addresses the criteria set forth in Section 1201.05 of
the Shorewood Zoning Ordinance. With this revised plan we are requesting the
following from the commission:
1. A Parking Variance for 5 parking spaces.
2. A Conditional Use Pennit for a Drive-in Facility.
.
This revised plan was cre::.ted using the guidelines and recommendations set forth
by yourself and the coma ission members during the Planning Commission
meeting on Tuesday, January 2, 1996. It is our intention to meet the expectations
of yourself and the comrr ission and please you with our modifications. I believe
that our design team has ione an excellent job toward reaching that goal.
The new plan contains th e following changes and highlights:
1. The building will be reduced in size by 50%, shrinking the seating area thus
requiring fewer parking spaces, the main obstacle met in the first plan.
2. Due to the reduction in building size additional parking spaces are created,
from six spaces to thirteen spaces; a 54% increase.
3. The square footage of the new building, 1020 square feet, will require a
parking variance for only 5 spaces to meet code ~equirements instead of the
original request of 32 spaces to meet the code.
Exhibit A
APPLICANT'S REQUES1;' LETTER
Dated 6 February 1996
4. There is no longer a request for a Conditional Use Pennit for off-site parking.
5. The new planned building meets the requirements for a Conditional Use Pennit
for a drive in facility as put forth by yourself.
6. There is no longer a need for a setback variance for the ingress/egress drive
on Vine Hill Road.
In response to your comments in the ISSUES AND ANAL YSrS section of your
memorandum to the planning commission, File No. 405 (95.42)
A. Restaurant and Permitted Use
.
With the reduced parking we come very close to meeting the parking
requirements of any type of business. For comparison to other businesses which
operated in this location, namely the Vine Hill Market, we have expanded the
parking by eight spaces while reducing the square footage of the building. Our
proposed plan also adds more parking spaces than the proposed plan submitted my
Mr. Jim Pyle and granted by the commission of a few years ago. We do not feel
that the restaurant designation will pose an issue with the revised plan.
B. Drive.In Facility - C.U.P.
\Ve believe that all eleven conditions regarding the establishment of drive-in
service set forth in section 1201.21 Subd. 4.a., are met with our revised plan,
including the items which you noted the last plan did not resolve:
.
· The deck was removed from the plan (ie ')0 building expansion of any kind).
· Lighting is now shown.
· All parking areas are shown with curbs.
· The issue of the drive-in lane extending 5 feet into the sideyard setback along
Vine Hill Road has been resolved. .
· No encroachments or curbing will be removed will be removed, thus no
apparent need for a preliminary drainage plan at this time. The grading and
drainage plan will be part of the final construction drawings.
C. Off-site Parking C.U.P.
This is no longer an issue with the revised plan.
D. Parking Variance
\Ve have reduced the size of the building to the smallest size we can while still
having the ability to operate a viable business. We believe that our request for 5
spaces is justifiable on the following grounds put forth in section 1201.05,
including:
Subd. 2. b. The peculiar shape of the property in relation to the size and
placement of the building creates a special condition limiting the
number of parking spaces which can be placed. (Sometimes a
potential parking space is eliminated by only a few feet.)
Subd.2.c. The variance is required to make reasonable use of the land and
building and is the minimum variance necessary.
Also, the variance does not:
. 1.
2.
~
.).
4.
5.
6.
7.
Impair an adequate supply oflight and air to adjacent property.
Unreasonably increase the congestion on the public street.
Increase the danger of fire or endanger the public safety.
Unreasonably diminish or impair property values, or in any way is contrary to
the intent of the ordinance.
Violate the intent of the City Comprehensive Plan.
Contain circumstances which are primarily economic in nature.
Result from our actions nor will it grant us special privilege t hat is denied by
the Ordinance to other lands, structures or buildings in the same district.
.
If there are any components of the plan that do not meet your expectations or
those of the committee we wish to have the opportunity to correct the plan to your
satisfaction. It is our most sincere desire to make Camp Coffee a viable business
and a benefit to the citizen 5 and city of Shorewood.
Sincerely~
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Stephen Bauer
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ARC:HITEC:TURE~. PLANNING
.07 WASHINGTON AVE. SO. }
SUI-Tit aoa
I Hereby certify that this plan, ~
specificatlon,or report was
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R istration No. If,--u, 4 ~
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FLOOR PLAN
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ARCHITECTURE. PLANNING
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.07 WASHINGTON AVE. sO.
SUITE aoa
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I hereby certify that this plan.
specification, or report W8S
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direct supervision and that I
am a duly Registered Archilect
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Exhibit E
BUILDING: ELEV A TIONS - SOUTH AND WEST
"
CKNO
17913
17914
17915
17916
17917
17918
17919
17920
17921
17922
17923
. 17924
17925
17926
17927
17928
17929
17930
17931
17932
17933
17934
17935
17936
17937
. 17938
17939
17940
17941
17942
17943
17944
17945
17946
17947
17948
17949
17950
17951
17952
17953
CHECK APPROVAL LISTING FOR MARCH 11, 1996 COUNCIL MEETING
CHECKS ISSUED SINCE FEBRUARY 13, 1996
TO WHOM ISSUED Pl.JRF03E
DEPT OF NATURAL RESOURCES WELL PERMITS
VOID VOID
DEPUTY REGISTRAR #59 REGISTRATION TAX
FIRST STATE BANK FED/FICA TAX
PERA PERA
ICMA RETIREMENT TRUST -457 DEFERREDCOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
CHILD SUPPORT ENFORCEMENT CHILD SUPPORT -C. DAVIS
ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
MN DEPARTMENT OF REVENUE STATE TAX
A T& T LONG DISTANCE
KATHLEEN HEBERT SEC 125 REIMBlMILEAGE
JAMESHURM MILEAGElEXPENSES
BRADLEY NIELSEN SEC 125 REIMB
NORTHERN STATES POWER UTILITIES
JOSEPH PAZANDAK MILEAGE/SEC 125 REIMB
AIR REFRIGERATION COOLER MAINTENANCE
BELLBOY CORPORATION UOlJOR
BELLBOY BAR SUPPLY MISClSUPPlIES
EAST SIDE BEVERAGE COMPANY BEERlMISC
GRIGGS, COOPER & COMPANY lIQUOAIWINE
HONEYWELL PROTECTION QTRL Y MONITORING
JOHNSON BROS LIQUOR CO lIQUOAIWINE
LAKE REGION VENDING MISC
PAUSTIS & SONS WINE
PHILLIPS WINE & SPIRITS lIQUOAIWINE
QUAlITY WINE & SPIRITS lIQUORlWlNE/BEER
THE VICTORIA GAZETTE ADVERTISING
FIRST STATE BANK EXCELSIOR REISSUE CHECK 16113
CONNIE BASTYR MILEAGEIMOVIE PASSES-RINK
GOVERNMENT TRAINING SVC BEYOND THE BASICS WORKSHOP
AT&T WIRELESS SERVICI;S AIR TIME/CELLULAR PHONE
THERESA NAAB MILEAGElSNOWMOBILE FORCE
PEPSI COLA COMPANY MISC
RESEARCH QUIK SNOWMOBILE TASK FORCE
US WEST COMMUNICATIONS
VERNON SCHWANKE OVERPAYMENT-cONNECTIONFEE
BELLBOY CORPORATION UOlJOR
BELLBOY BAR SUPPLY MISClSUPPUES
GTE DIRECTORIES ADVERTISING
GRIGGS, COOPER & COMPANY UQUOAIWINElMISC
Page 1
AMOUNT
$260.85
0.00
175.50
7,697.45
2,337.31
946.30
817.00
98.50
139.44
1,305.20
5.49
216.31
103.54
1 00.00
2,567.73
266.36
82.00
2,207.01
313.05
10,702.55
4,808.44
79.88
3,380.48
1,188.59
305.20
1,430.37
1,016.16
41.25
17.04
85.30
360.00
453.51
69.17
48.35
1,226.04
1,176.30
68.00
1,673.25
78.65
168.20
3,951.89
j:lJ3
.
CKNO
17954
17955
17956
17957
17958
17959
17960
17961
17962
17963
17964
17965
17966
17967
17968
17969
17970
17971
17972
17973
17974
17975
17976
17977
17978
17979
17980
17981
17982
17983
17984
17985
17986
17987
17988
17989
17990
17991
17992
17993
17994
.
CHECK APPROVAL LISTING FOR MARCH 11, 1996 COUNCIL MEETING
CHECKS ISSUED SINCE FEBRUARY 13, 1996
TO WHOM ISSUED Pl.JRF03E
JOHNSON BRCS uauOR CO UQUOFWIINE
LAKE REGION VENDING MISC
lAKESHORE WEEKlY NEWS ADVERTISING
PHIWPS WINE & SPIRITS lIQUORtWJNE
QUAlITY WINE & SPIRITS lIQUORtWJNE
PERA MARCH PERA LIFE INSURANCE
VOID VOID
HEALTHPARTNE~EDCENTERfMARCHHEAlTHINSURANCE
GROUP HEALTH, INC. MARCH HEALTH INSURANCE
VOID VOID
VOID VOID
VOID VOID
AFSCME COUNCIL 14 MARCH DELTA DENTAL
MADISONlMARQUETTE MARCH RENT-lIQ I
CITY OF TONKA BAY MARCH RENT-TONKA BAY lIQ
RYAN PROPERTIES, INC. MARCH RENT-lIQ II
MEDICA MARCH HEALTH INSURANCE
LEAGUE OF MN CITIES MARCH DENTAL INSURANCE
MINNESOTA MUTUAL LIFE MARCH SIT DISABILITY
COMMERCiAl LIFE INSURANCE MARCH LIFE INSURANCE
FIRST STATE BANK FED/FICA TAX
PERA PERA
ICMA RETIREMENT TRUST -457 DEFERRED COI'v1P
CITY COUNTY CREDIT UNION PAYROll DEDUCTIONS
CHILD SUPPORT ENFORCEMENT CHILD SUPPORT -C. DAVIS
ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
AFSCME COUNCIL 14 UNION DUES
MN DEPARTMENT OF REVENUE STATE PAYROLL TAX
GOVERNMENT TRAINING SVC BlOG CODE SEMINAR-PAZANDAK
KATHLEEN HEBERT SEC 125 REIMB.
BRADlEY NIElSEN SEC 125 REIMB.
NORTHERN STATES POWER UTILITIES
JOSEPH PAZANDAK MILEAGE/FILM DEVELOPING
UNIVERSITY OF MN TREE INSPECTIONlDAVISIlUGOWS
US WEST COMMUNICATIONS
WASTE MANAGEMENT WASTE REMOVAL
LAWRENCE NICCUM BOOT REIMB.
BEllBOY CORP. lIQUOR
DAY DISTRIBUTING BEER
GRIGGS, COOPER & COMPANY lIQUORIWINE
JOHNSON BROS. LIQUOR CO. lIQUOFWIINE
Page 2
AMOUNT
1,111.67
221.26
200.00
1,033.21
756.75
54.00
0.00
1,397.56
1,492.28
0.00
0.00
0.00
224.00
5,793.51
1,000.00
2,576.88
4,153.88
488.40
85.50
81.20
18,078.63
2,330.97
946.30
817.00
98.50
139.44
138.95
3,004.35
30.00
192.31
100.00
1,631.07
77.93
150.00
283.81
151 .00
127.00
2,629.69
1,458.10
3,833.34
1,606.74
.
.
CKNO
17995
17996
17997
17998
17999
18000
18001
CHECK APPROVAL LISTING FOR MARCH 11, 1996 COUNCIL MEETING
CHECKS ISSUED SINCE FEBRUARY 13, 1996
TO WHOM ISSUED
LAKE REGION VENDING
MARK VII
MN SUN PUBUCATIONS
PAUSTIS & SONS
PHILLIPS WINE & SPIRITS
QUALITY WINE & SPIRITS
THORPE DISTRIBUTING
Pl.JFfOSE
MISC
BEEPJMISC
ADVERTISING
WINE
L1QUORIWINE
UQUORIWINE
BEEAlMISC
TOTAL CHECKS ISSUED
Page 3
AMOUNT
425.50
1,703.10
292.00
77.00
2,679.42
3,029.51
7,286.85
CITY OF SHOREWOOO
CHECK APPROVAL LIST FOR
MAR~ ~~, ~996 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT~ AMOUNT
-------- ------------------------- ----~-------------~----- -------- ---------~-
~8002 AMERICAN NATIONAL BANK ADMIN FEES
FILE MAINT FEES
FILE MAINT FEES
AGENT FEES
*** TOTAL FOR AMERICAN NATIONAL BA
-------- ~79.95
-------- 803~55
-------- 226~~0
WATER DE 50.00
~~259.60
~8003 ABM EQUIPMENT & SUPPLY
18004 AT&T WIRELESS SERVICES
~8005 ALBINSON
~8006 AMERIDATA
i007 JEFF REINHART DBA
008 CARGILL SALT DIVISION
EQUIP MAINT N=36
PUB WKS
PAGER
REPRINTS
PLANNING
PRINTER PARTS
MUN BLDG
FEBRUARY JANITORIAL
MUN BLDG
SALT
SNOW & I
~8009 CHAMPION AUTO STORE ~344 WASHER FLUID
CITY GAR
~80~O CONSOLIDATED CONTAINER TRASH CONTAINERS
PARKS &
~80~~ CROSSTOWN-OCS, INC~ COFFEE
MUN BLDG
18012 CUT-RITE FOREST PRODUCTS UTILITY LOCATE MARKERS
TRAF CON
~80~3 DRISKILL'S SUPER VALU
MALAM CAKE/WATER INFO MT COUNCIL
~80~4 EXCELSIOR-CITY OF
409.34
9~58
~0.06
~8~65
260.00
~.782.28
7.58
228~98
5~.98
33.55
69.74
FEBRUARY RECYCLING
~ST QTR FIRE PROTECTION FIRE PRO 32,444~75
~80~5 E-Z RECYCLING INC.
~16 FEED-RITE CONTROLS, INC.
RECYCLIN
WATER TREATMENT CHEMICAL WATER DE
18017 FINA FLEET FUELING
FUEL
CITY GAR
4,2.55.00
1,097.66
464.93
18018 GOPHER STATE ONE-CALL, IN ONE CALL SERVICE WATER DE 0.88
ONE CALL SERVICE SEWER DE 0.87
*** TOTAL FOR GOPHER STATEONE-CAL 1.75
~80~9 HENNEPIN COUNTY TREASURER JANUARY PRISONER EXPENSE POLICE P
~8020 HENNEPIN COUNTY TREASURER 96 PROP & TAX RECORDS
976~00
GEN GOVT 104.99
1802~ HOPKINS PARTS COMPANY EQUIP MAINT SUPPLIES
EQUIP MAINT SUPPLIES
*** TOTAL FOR HOPKINS PARTS COM PAN
PUB WKS 64.~8
CITY GAR 29.~2
93.30
~8022 ISLAND VIEW COUNTRY CLUB DON'S RETIREMENT DINNER COUNCIL
~g023 JERRY' S FRf~ME Hie. -bABOR,/PARTS- ~4 -, PUB WKS
18024 f< A ELECTRICAL SERVICES RD10VE WIRING/Cf~THCART PARKS &
t'age 4
~,253.54
96.00
CITY OF SHOREWOOO
CHECK APPROVAL LIST FOR
MAR. 11~ 1996 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT~ AMOUNT
-------- ----~--------~----------- ------------------------ -------- -----------
18025 KAR PRODUCTS
SHOP SUPPLIES
18026 KNOX LUMBER CO~ STEP LADDERS
STEP LADDERS
*** TOTAL FOR KNOX LUMBER CO~
18027 M/A ASSOCIATES INC~
SHOP SUPPLIES
18028 MAMA
LUNCHEON
18029 OFFICE DEPOT
OFFICE SUPPLIES
18030 MINNESOTA PLAYGROUND, INC. TENNIS NETS
~031 MINNEGASCO
UTILITIES
.UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
*** TOTAL FOR MINNEGASCO
18032 MINNETONKA-CITY OF JAN/FEB WATER PURCHASE
18033 WM~MUELLER & SONS, INC~ SAND
18034 NAVARRE TRUE VALUE
.
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
FOR NAVARRE
TRUE VALUE
*** TOTAL
18035 NORTHERN STATES POWER
STREET LIGHTING
CITY GAR
60~95
MUN BLDG 49~48
CITY GAR 108~08
157~56
CITY GAR
51~52
ADMIN
15~50
GEN GOVT
263~49
PARKS &
306 ~ 99
WATER DE 203~89
WATER DE 145~71
-------- 143~55
WATER DE 150~05
CITY GAR 573.62
PARKS & 105.33
MUN BLDG 296.19
-------- 94.40
-------- 151.17
1,863.91
WATER DE
37~99
SNOW & I
920~20
PUB WKS 44.25
HUN BLDG 15.90
CITY GAR 23.33
MUN BLDG 16.26
99. 74 .
TRAF CON '2,280.70
18036 NW ASSOC. CONSULTANTS INC HOUSING CONDITIONS SURVE PLANNING
18037 OLSEN CHAIN & CABLE OIL/CHAIN
18038 PITNEY-BOWES INC. POSTAGE MACHINE
POSTAGE MACHINE
*** TOTAL FOR PITNEY-BO'NES INC.
18039 ROYAL TIRE TIRE REPAIRS
18040 SHORE WOOD TREE SERVICE ICE STORM DAMAGE
1,050~OO
CITY GAR
196.68
MUN BLDG 769~46
GEN GOVT 59.75
829~21
PUB WKS 178.72
TREE MAl 585.75
18041.TIt1E SAVER Qt-r SITe see tHl'<!UTE3 ..----.---------- eD~ 80VT-- 287. ~ ,:
MINUTES PLANNING 58.25
*** TOTAL FOR TIME SAVER OFF SITE 345.75
18042 TONKA AUTO AND BODY SUPP SPARK PLUGS/LENSES
. Page 5
P U 8 '/.H<<3
14" t..l
CITY. OF SHOREWOOD
CHECK APPROVAL LIST FOR
MAR. ll, 1996 COUNCIL MTG
CHECKlf VENDOR NAME DESCRIPTION DEPT. AMOUNT
--..------- --------.-.---------------- -------_...._----_._-~------- -------- --.---------
SPARK PLUGS/LENSES CITY GAR 5.43
*** TOTAL FOR TONKA AUTO AND BODY 20.04
l8043 TSP/EOS SOUTH SHORE SR CENTER -------- 6,894.09
l8044 TWIN CITY WATER CLINIC WATER TESTING WATER DE 20.00
18045 WILLIAMS STEEL AND HARDWA SNOWPLOW REPAIR PUB WKS 138.98
l8046 ZIEGLER, INC. EQUIP MAINT SUPPLIES PUB WKS l89.60
CUTTING EDGES CITY GAR 46.58
*** TOTAL FOR ZIEGLER, INC. 236.l8
l8047 MN SUN PUBLICATIONS
LEGAL ADS
LEGAL ADS
LEGAL ADS
TOTAL FOR MN SUN
PUBLICATIONS
FINANCE 2l8.95
-------- 41.00
GEN GOVT 233.60
493. .55
.
***
*** TOTAL CHECKS FOR APPROVAL
62,062.4l
*** TOTAL CHECK APPROVAL LIST
188,018.68
.
Page 6
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C H E C K REG I S T E R
CHECK CHECK EMPLOYEE NAME CHECK CHECK
TYPE DATE _ NUMBER NUMBER AMOUNT
COM 3 05 96 77 DERAK R. ANDING 2~037~ ~55.49
COM 3 05 96 ~O~ SCOTT M. BARTLETT 2~0372 ~~0.82
COM 3 05 96 ~~o CONNIE D. BASTYR 2~0373 370.60
COM 3 05 96 ~~5 LAWRENCE A. BROWN 2~0374 ~~83.96
COM 3 05 96 345 PATRICK C. CRETAN 2~0375 38.79
COM 3 05 96 375 JODI A. DALLMAN 2~0376 68.~~
COM 3 05 96 500 CHARLES S. DAVIS 2~0377 625.~3
COM 3 05 96 775 JAMES C. EAKINS 2~0378 676.36
COM 3 05 96 870 KELLY P. FLANAGAN 2~0379 45.7~
COM 3 05 96 ~OO~ JOHN M. FRUTH 2~0380 34.78
COM 3 05 96 ~~60 STEPHANIE A. HABER 2~038~ ~08.39
COM 3 05 96 ~~90 KATHLEEN A. HEBERT 2~0382 6~2.04
COM 3 05 96 ~400 PATRICIA R. HELGESEN 2~0383 570.~9
COM 3 05 96 ~4~5 SHAWN D. HEMPEL 2~0384 ~8~.62
COM 3 05 96 ~550 JAMES C. HURM 2~03a5 ~692.04
COM 3 05 96 ~575 GLENN E. ILLIG 2~0386 . 243.5~
. COM 3 05 96 ~60~ BRIAN D. JAKEL 2~0387 ~~3.42
COM 3 05 96 ~700 JEFFREY A. JENSEN 2~0388 8~~.79
COM 3 05 96 ~800 DENNIS D. JOHNSON 2~0389 802.40
COM 3 05 96 ~940 LOREN A. JONES 2~0390 88.~9
COM 3 05 96 2~00 WILLIAM F. JOSEPHSON 2~039~ 632.56
COM 3 05 96 2500 SUSAN M. LATTERNER 2~0392 603.93
COM 3 05 96 2800 JOSEPH P. LUGOWSKI 2~0393 825.54
COM 3 05 96 28~0 KARENA M. LUNDBY 2~0394 85.88
COM 3 05 96 2905 PAUL S. MARSO 2~0395 68.~~
COM 3 05 96 3000 THERESA L. NAAB 2~O396 7~2.95.
COM 3 05 96 3~OO LAWRENCE A. NICCUM 2~0397 987.58
COM 3 05 96 3400 BRADLEY J. NIELSEN 2~0398 848.42
COM' 3 05 96 3500 JOSEPH E. PAZANDAK 2~0399 ~058.54
COM 3 05 96 3534 CHRISTOPHER E. PETERSON 2~0400 86.25
COM' 3 05 96 3600 DANIEL J. RANDALL 2~040~ 864.97
COM 3 05 96 370~ BRIAN M. ROERICK 2~0402 87.6~
. COM 3 05 96 3800 ALAN J. ROLEK 2~0403 ~~53.26
COM 3 05 96 3900 CHRISTOPHER E. SCHMID 2~0404 4~7.36
COM 3 05 96 39~0 R CONRAD SCHMID 2~0405 47.~0
COM 3 05 96 4.1.90 DANA G. SHAW 2~0406 ~6.62
COM 3 05 96 4575 REBECCA A. TARVIN 2~0407 405.58
COM 3 05 96 4600 BEVERLY J. VON FELDT 2~0408 587.64
COM 3 05 96 4750 RALPH A. WEHLE 2~0409 656.48
MAN 3 05 96 5000 DONALD E. ZDRAZIL 2~0369 ~5658.00
****TOTALS****
34337.72
Page 8
.c..... '\i,.
CITY OF.SHOREWOOD
PARK COMMISSION MEETING
TUESDA Y, FEBRUARY < 27, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
DRAFT
MINUTES
1. CALL TO ORDER
Chair Roxanne Martin called the meeting to order at 7:30 p.m.
2. ROLL CALL
Present:
Chair Martin, Vice-Chair Colopoulos; Commissioners Puzak, Wilson,
Trettel and Dallman; Administrator Hunn; Council Liaison McCarty.
Absent:
Commission~r Bensman
3. REVIEW AGENDA
4. AP~ROVALOF MINUTES
Trettel moved, Wilson seconded to approve the minutes of Tuesday, January
23, 1996 as presented. Motion carried unanimously.
5. MATTERS FROM THE FLOOR
Resident and Snowmobile Hockey Task Force member, Ingrid Schaff (25605 Smithtown Rd.)
read a letter pertaining to the winter use of the Southwest Regional Trail. She questioned the
City's actions in applying for a special permit from Hennepin Parks for only snowmobiling
during winter months. Administrator Hunn responded that staff and Council had the
understanding that other activities such as hiking and biking were allowed year round without
the requirement of a special winter permit. Immediately upon awareness of the situation, office
staff communicated with Hennepin Parks and the permit application was completed and mailed.
Ingrid expressed concern about safety and awareness of those using the trail for purposes
other than snowmobiling, as well as possible liabilities for the City in such cases. Chair Martin
thanked Ingrid for addressing this issue, adding that Attorney Tim Keane will look further into
the matter.
There were no other matters from the floor.
6. COMMISSIONER REPORTS
A. Snowmobile Task Force - Colopoulos reported that a draft of the community
survey has been prepared and that, after a random sampling of people review it, a
fmal will be mailed to all residents on or near March 14. They will be tabulated in
the middle of April, with results hopefully ready by the April Park Commission
meeting.
to,. ',.
SHOREWOOD PARK COMMISSION MINUTES
TUESDA Y FEBRUARY 27, 1996
PAGE 2 of 4
B. Park Foundation Meeting Report. Trettel reported that the Park Festival date
has been set for September 21. The Foundation is hoping to appoint a long time
resident who has been involved in the community to be the Chair of this event. Plan
B is to recruit several Co-chairs from the Foundation Board.
Another issue that was brought up was the question of plans for a hockey rink at
Freeman. Hurm noted that the recent article in the Sun Sailor led to confusion for
many. And on the topic of fund raising, a suggestion to encourage donations in tax
and estate planning was made and followed up with an article in the spring issue of
the City newsletter.
7. REVIEW FEE SCHEDULE. PARK DEDICATION FEES
In response to the Park Commission's recommendation to Council, the Park Dedication
Feewas raised to $1,000 per newly developed lot. This figure was "rounded up" from the
$875 suggested by the Commission, but will not be based on an inflation factor. It will
stay at that amount until the issue is brought up again the by the Park Commission. Hurm
added that fees are reviewed yearly at a staff level.
8. REVIEW HOCKEY PROPOSAL. Covered after Item #9.
9. ARBOR DAY CELEBRATION PLANS
Hurm reminded those present that the goal for this event is to draw attention to trees, parks
and the holiday itself. In the past the Neighborhood Associations have been involved with
contributions and planting of a tree at an area park. It was decided to move this tradition to
Manor Park this year and possibly involve Mary Bensman or Pete Boyer, a developer.
Funds would be available from the park budget if not found through donations.
Sandy Trettel moved that the Park Commission approach neighbors to try
and get a donation for a tree to plant in Manor Park for an Arbor Day
celebration. Bill Colopoulos seconded and the motion passed unanimously.
8. REVIEW HOCKEY PROPOSAL . (Revisited)
Hurm explained that the Minnetonka Youth Hockey Association (MYHA) is proceeding
with fund raising ideas for the construction of the ice sheet at Freeman, and in the meantime
there are several questions to be considered by the Park Commission. Following
discussion on various questions presented on a memo and the idea of appointing a
subcommittee or task force to further address the subject, it was decided that the questions
would be discussed, in order at this meeting by the members of the Park Commission and
John Flood, the MYHA representative. These details would be up to the Commission,
while the City Council is mainly concerned with the intensification of the site and how a
facility of that size would fit into the park with the added noise and parking needs, etc.
A. . What should the hours of operation be? . Hockey practices would occupy
the ice on Monday - Friday from 6:00 p.m. to 10:00 p.m., and 9:00 a.m. to 10:00 p.m.
Saturday and Sunday. (Rinks would open at 3:00 or 3:30 on weekdays for public use until the
6:00 practice time.) On non-school days, hours would be from 9:00 a.m. to 10:00 p.m., with
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SHOREWOOD PARK COMMISSION MINUTES
TUESDA Y FEBRUARY 27, 1996
PAGE 4 of 4
H. After the City's loan of $50,000 for the construction of the building is
repaid, should we expect that building to be the Association's with the understanding that
they will provide concession services year round? Who should be responsible to see that
concessions are available year round? . The issue of staffing the rink and concessions was
brought up and will need further discussion. All of the input to this point will be addressed
with the Hockey Association in preparation for the Planning Commission Public Hearing.
10. DISCUSSION ON COMMEMORATIVE SIGNS
Park Secretary Connie Bastyr presented options and some pricing estimates for signs at the
playground structures and ball fields. A rough cost for Permalene signs at all six play areas
(including the future Badger structure) is $3,000. There is $5,700 in the CIP for signage.
Aluminum signs were recommended for the backstops. Commissioner Puzak reiterated the
importance of acknowledging contributors, adding that it is money well spent to make the
commemorative signs colorful, recognizable and kept in good condition. Commissioner
Wilson suggested that a sign panel be included as part of the play structure bid for future
installations. It was decided that Chair Martin will work with staff to do an inventory and
spec list for bids on pricing to be prepared before the park tours.
11. CIP. 1996 IMPROVEMENTS
'....
Areas in questions were covered in item #10. Hurm suggested that the development of
Badger Park should be tied in with the Senior Community Center plans and recommended
that there be a Park Commission liaison to work with the Friends of the South Shore
Senior Center. This may involve plans for a shuffle board area or other "senior-oriented
activity" and possibly rearranging of the locations of the play structure. A liaison was not
appointed at this time.
i:f'
12. ESTABLISH NEXT MEETING DATE
The next meeting date is scheduled for Tuesday, March 26, 1996 at 7:30 p.m. which is
during Spring Break. Most members will attend. April may include an additional meeting,
possibly on the 9th to discuss developments with the Hockey Task Force. Park tours will
require two meetings in May, starting at 6:00 p.m. on May 14 with tours. The May 28
meeting conflicts with the Council meeting because of the Memorial Day holiday and was
moved to Wednesday, May 29 with tours starting at 6:00 p.m. again.
U. AD.TOURNMEl'!TT
There being no further business, Colopoulos moved and Trettel seconded to
adjourn the meeting. Motion passed unanimously and the meeting was
adjourned at 9:50 p.m.
RESPECTFULL Y SUBMITTED,
Connie Bastyr,
Park Secretary
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