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032596 CC Reg AgP .. f ~ CITY COUNCIL REG11LAR MEETING CITY 01' SHOREWOOD MONDAY, HARCH 25, 1996 5755 COtJN"l'RY CLUB ROAD COUNCIL CHAHBERS 7:30 P.M. AGENDA 1 . CONVEN':&: CITY COUNCIL MEETING A. Roll Call B. Review Agenda Shaw Benson McCarty Mayor Bean Stover C. Council Commitments 2 . APPROVAL 01' MIN'U'l'ES A. City Council Special Meeting Minutes March 6, 1996 (Att.-#2A Minutes) B. Accept City Council Joint Work Session with Excelsior City Council Meeting Minutes March 6, 1996 (Att.-#2B Minutes) C. City Council Special Meeting Minutes March 7, 1996 (Att.-#2C Minutes) D. City Council Regular Meeting Minutes March 11, 1996 (Att.-#2D Minutes) E. City Council Special Meeting Minutes March 12, 1996 (Att.-#2E Minutes) 3 . CONSEN"l' AGENDA - Motion to approve items on Consent Agenda &: Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Approving a Conditional Use Permit and Variance for Camp Coffee (Att.-#3A Proposed Resolution) B. A Motion to Approve Permanent Appointment - Larry Brown, Director of Public Works (Att.-#3B Administrator's Memorandum) C. A Motion to Adopt a Resolution Approving a Biennial Gambling License - American Legion Post #259 (Att.- #3C Proposed Resolution) D. A Motion Authorizing Purchase of a Grader (Att.,....:/I:3D Engineer'S Memorandum) .... -} . , . ., CJ:TY COUN'CJ:L AGBIlDA - MARCH 25, 1996 PAGE 2 OF 2 E. A Motion Approving Extension of a Contract with Research Quick for Work with the Snowmobile Task Force (Att.-#3E Administrator's Memorandum) 4 . PRESENTA'1'J:Olf BY DR. JE'1''1' , MJ:NlfE'1'ONXA SCHOOL DJ:S'1'RJ:C'l' SUPBRJ:1f'J.'mmElf'l', Olf UPCORJ:lfG REPERBlfDtJII 5. HATTERS PROM 'l'BE FLOOR (Presentations are limited to 3 minutes. 'lfo Council action will be taken.) 6 . PLANJIJ:lfG - Report by Representati ve Consideration of a Petition Requesting an Environmental Assessment Worksheet for Watten Ponds (Att.-#6 Petition; #6 Planner's Memorandum) 7 . COlfSJ:DERA'1'J:ON OP A MO'1'J:ON APPROVllfG Alf AGRBJ:MElf'l' AUTHORJ:ZJ:lfG SBA COMMtJlfJ:CA.'1'J:OlfS '1'0 TEST Olf SOUTHEAST WA'1'ER'l'OWER (Att.-#7 Proposed Agreement) 8 . ADMJ:lfJ:STRA'1'OR Ie STAPP REPORTS 9 . HAYOR Ie CJ:TY COUlfCJ:L REPORTS 1 o. ADJOURlf '1'0 SUBJECT TO APPROVAL OF CLAJ:MS ( At t . - # 8 ) - CITY OF SHOREWOOD MAYOR Robert Bean COUNCil Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING MONDAY, MARCH 25, 1996 ~r {1 i v .'. ." . .. Mayor Bean will be absent for this meeting. Kristi Stover is Mayor Protem. Agenda Item #1 C: The Mayor Protem should read the City Council member commitments and have each member sign and turn theirs in at the meeting. . . ~ ~ Agenda Item #3A: 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, t;here 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 (i.e. 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~ Agenda Item #3B: April 3, 1996 is Larry Brown's sixth month anniversary date. Upon review I recommend he be given a permanent appointment as Public Works Director/Engineer and placed at a step three pay level. Agenda Item #3C: This is a biennial gambling license given the American Legion Post #259. ,..- Agenda Item #3D: The 1996 Capital Improvement Program budgets $153,495 for replacing the City's grader. It is 20 years old and needs replacement according to Public Works. Please read the memorandum in the packet that explains that the replacement grader is approximately $18,000 under budget. Funds are set aside. A Residential Community on Lake Minnetonka's South Shore March 25, 1996 Council Agenda Page 2 Agenda Item #3E: This item is an extension of the contract with Research Quick for facilitating our Snowmobile Task Force. The initial agreement was 6 to 8 meetings for $2,400. The Task Force has been working hard and anticipates an additional 8 meetings. It is reasonable and expected that the original agreement should be extended to include an additional $2,400 for an additional 8 meetings. Agenda Item #4: Dr. Dan Jett, Minnetonka School District Superintendent, will address the Council on the upcoming referendum. Agenda Item #6: The City has been petitioned to conduct an environmental assessment for the Watten Ponds project on Eureka Road. The development request (12 single-family residential lots ) has been tabled by the Planning Commission to their 16 April meeting. A copy of the original staff report on the proposal, as well as the petiton for an E.A.W. is included in your packet. The Planning Commission has directed the applicant to reduce the number of lots to nine or ten. Environmental Quality Board rules require that the Council make a determination on the need for an E.A.W. by 4 April. Consequently, a decision must be made at the 25 March meeting. It appears that most of the environmental concerns raised in the petition (with the possible exception of the spring peeper sighting) are addressed by Shorewood's recent tree preservation policy and wetland ordinance update. If you have any questions relative to this item, please do not hesitate to contact the Planning Director. . . Agenda Item #7: SBA Inc. has requested permission to conduct communication equipment testing on the Southeast Area water tower site. They are attempting to determine if it is worthwhile to apply for a conditional use permit and lease agreement to use the water tower as an antenna site. Staff will address specific areas of concern at the meeting. . . SHOREWOOD CJ:TY COUNCJ:LMEMBER COMMJ:TMENTS I, , as a member of the Shorewood City Council, recogn~z~ng the important responsibility I am undertaking serving as a member of the City Council of the City of Shorewood, hereby personally pledge to carry out in a trustworthy and diligent manner all the duties and obligations inherent in my role as Councilmember. MY ROLE I acknowledge that my primary role as a Councilmember is (1) to contribute to the defining of Shorewood I s mission and governing the fulfillment of that mission, and (2) to carry out the functions of the office of City Councilmember. My role as Councilmember will focus on the development of broad policies that govern the implementation of institutional plans and purposes. This role is separate and distinct from the role of the Administrator to whom is delegated the determining of the means of implementation. MY COMMITMENT As a member of the City Council I will: 2 . 3 . . 4. 5. 6. 7 . 1. Represent the interest of all people served by the City, and not favor special interest inside or outside of this public organization. Not use my service on this Council for my own personal advantage or for the advantage of my friends or supporters. Keep confidential info ation confidential. Approach all Council i sues with an open mind. make the best decisions for everyone involved. Prepare to Do nothing to violate t e trust in those who elected me or to the Councilor to we serve. Focus my efforts on t e mission of the City and not on my personal goals. Never exercise author ty as a acting in a meeting with the delegated by the Counci . Councilmember full Council except when or as I am 8. Establish as a high pri rity my attendance at all meetings of the Council and Commiss'ons on which I serve. .tIt 9 . Come prepared to contribute to the discussion of issues and business to be addressed at scheduled meetings, having read the agenda and all background support material relevant to the meeting. 10. Represent Shorewood in a positive and supportive manner at all times and all places. 11. Observe the parliamentary procedures outlined in Robert's Rules of Order arid display courteous conduct at all meetings. 12. Refrain from intruding in administrative issues that are the responsibility of management, except to monitor the results of actions taken. 13. Avoid conflict of interest between my position as a Councilmember and my professional life by carefully complying with the City's Code of Ethics (Section 105.04). If such a conflict does arise, I will declare that conflict before the Council, and refrain from voting on matters of which I have a conflict. . 14. Support in a positive manner all actions taken by the City Council even when I am in a minority position on such actions. 15. Agree to serve as a liaison on a least one Commission and an affiliated organization. As a Council liaison I will: · Attend all meetings. · Make reports of all meetings to the City Council at their next regularly scheduled meeting. 16. Participate in an annual strategic planning session, Council . self-evaluation programs, and whenever possible attend Council development workshops, seminars, and other educational events that enhance my skills as a Councilmember. DATED: (signature) . . CITY OF SHOREWOOD SPECIAL MEETING WEDNESDAY, MARCH 6, 1996 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 7 :00 A.M. 1. MINUTES CONVENE SPECIAL MEETING DRAFT Mayor Bean called the meeting to order at 7:00 a.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, and McCarty Counci1member Stover Absent: 2. INTERVIEW Members of the Council asked questions of Jim Pisula regarding his background, opinion on City policies and overall philosophies. No action was taken. 3. ADJOURNMENT Mayor Bean adjourned the Special Meeting at 7:30 a.m. ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR 1f;<A . . MINUTES EXCELSIOR CITY COUNCIL WORK SESSION JOINT MEETING WITH SHOREWOOD CITY COUNCILMEMBERS Wednesday, March 6, 1996 7:00 p.m. DRAfT --~-""'-~ 1. CAT.T. TO ORDER Mayor Anderson called the Joint Council Work Session to order at 7:00 p.m. 2. ROLL CAT J, Present: Excelsior City Councilmembers Bratland, Selseth, Murphy, Stark, Mayor Anderson; Shorewood City Councilmember Benson, Mayor Bean. Also Present: Excelsior City Manager Zieman; Staff Recorder Schmidt; Shorewood Planner Nielsen, Paul Kachelmyer and Tom O'Keefe from . the Minnesota Department of Transportation . 3. AGENDA AFPROV AL Zieman asked to add "discussion of policy of the City regarding City Operations" under Miscellaneous. Stark moved, seconded by Selseth, to approve the amended Meeting Agenda. Vote on the motion was 5/0, with all in favor. 4. OPENING REMARKS Excelsior Mayor Anderson welcomed everyone and hoped that a favorable conclusion would result from this joint work session. Shorewood Mayor Bean stated that the Highway 7 and Water Street intersection proposes an interesting situation, that the cities needed to act on the proposal, and he was glad that the two cities were meeting together with MnDot to discuss this issue and hopefully the right decision would be made for both communities. Zieman stated that no official action would be taken tonight and that we were here to discuss the pros and cons of the situation. 5. PRESENTATION A presentation by Paul Kachelmyer ant Tom O'Keefe of Minnesota Department of Transportation was given with a handout distributed showing 50 reported accidents frown September 1990 to September 1994 in the vicinity of Water Street, Chaska Road, and Highway 7, and the proposed roadway changes. The number of accidents currently is extremely high with one-third involving injuries and three-fourths occurring westbound and exiting off of Highway 7. This number is expected to be drastically reduced with. their plan. The plan proposed is to close the left hand turn lane from Highway 7 going onto Water Street and close the left hand turn lane going from Water Street to Highway 7. Specifically, safety was the main concern by MnDol. -=ffd(b ~ The Excelsior project was one of two that scored the highest in points. These top two projects are the only ones tohave funding allocated, however, if the Highway 7 and Water Street intersection portion is not included, the entire Excelsior project for the entrancing and exiting would not be approved for funding. The Council expressed concern for closing the intersections however without approval of this portion of the project, the entire project would be in jeopardy of receiving approval for funding. A preemption device on 19 and 7 would still be part of the package with MnDot paying one-half the cost. To the suggestion of a double left turn onto County Rd. 19 - MnDot feels that the cost for the intersection would be making the total project financially unacceptable and the traffic count does not warrant it at this time. After no further questions from Councilor staff, Mayor Anderson opened the forum to the audience for citizen input. James Hamel, owner of the Hilltop Restaurant, was concerned about traffic being able to make U-turns. Yes, traffic can travel east on 7, go down to the light and make a U-turn. Also, present U-turns on 7 (currently one serves a Church and one serves 3 residential homes) will remain open. The Excelsior City Council unanimously expressed their appreciation to the City of Shorewood for taking the time to meet and discuss Excelsior's concerns regarding the proposed project by MnDot and encouraged Shorewood to move forward in going with Safety Modifications. Mayor Anderson called a five minute recess. . 6. MISCELLANEOUS Added item: Discussion of City's policy re~ardin~ do~s runnin~ at larie The City Council discussed complaints of dogs running within the City and directed staff to contact our Animal Control Officer, request additional time for patrolling within the City, and to concentrate on specific problem areas that have had numerous complaints. Bratland moved, seconded by Murphy, to adjourn the meeting. Respectfully submitted Joan Schmidt Recorder . CITY OF SHOREWOOD SPECIAL MEETING THURSDA Y, MARCH 7, 1996 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 7:00 P.M. 1. MINUTES CONVENE SPECIAL MEETING DRAFT Mayor Bean called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, and McCarty Councilmember Stover Absent: 2. INTERVIEWS . Members of the Council asked interviewed the following persons interested in filling the Council vacancy. Questions asked were regarding background, opinion on City policies and overall philosophies. 7:10 p.m. 7:50 p.m. 8:30 p.m. John Lang, 28075 Woodside Road Martin Wellens, 4755 Lakeway Terrace Tad Shaw, 5580 Shore Road Following discussion a consensus was reached to direct the City Administrator to draft a resolution of appointment with Tad Shaw's name presented for consideration at the next regular City Council meeting. 3. ADJOURNMENT Mayor Bean adjourned the Special Meeting at 9:10 p.m. . ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR qf;<. ~ 'i CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, MARCH 11, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. 1. MINUTES CONVENE CITY. COUNCIL MEETING D liIR...... '~'" r-r' . . ,~.. I r" " .Ii ",;;"" . . ill 1& Mayor Bean called the meeting to order at 7:33 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, and Shaw (appointed at 7:43 p.m.); City Engineer Brown, City Administrator Hurm, City Attorney Keane, OSM Engineer Paul Hornby, and Planning Director Nielsen. Councilmember Stover. Absent: . B. Review Agenda McCarty moved, Benson seconded to approve the agenda for March 11, 1996 as presented. Motion passed 3/0. Mayor Bean welcomed Cub Scout Pack 428. He thanked the Scouts for attending the meeting and explained the procedures of the City Council meeting. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting and Executive Session Minutes - February 20, 1996 Benson moved, McCarty seconded to approve the City Council Regular Meeting Minutes of February 20, 1996 as amended on Page 4, Paragraph 6, Line 1 replace "Lynchback" with "Lynch Bix". Motion passed 3/0. Benson moved, McCarty seconded to approve the Executive Session . Meeting Minutes of February 20, 1996 as presented. Motion passed 3/0. B . City Council Work Session Minutes - February 21, 1996 McCarty moved, Benson seconded to approve the City Council Work Session Meeting Minutes of February 21, 1996 as presented. Motion passed 3/0. 3. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN APPOINTMENT TO THE CITY COUNCIL Mayor Bean noted this appointment was to fill the vacancy on the City Council due to the resignation ofCouncilmember.Doug Malam due to a change in his residency. He explained the City Council had interviewed four candidates who had applied for the position. City Council recommendation is to appoint Frank R. Shaw, Jr. aka Tad Shaw to the City Council. Councilmember McCarty noted it had been difficult to .choose between the four candidates. All four brought an energy and spirit to the City. She stated the Council felt Mr. Shaw's '!~"'I ....-::r: 1 -'! <--' REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 2 history of previously serving on the City Council would enhance the Council's working relationship. Benson moved, McCarty seconded to adopt RESOLUTION NO. 96-19. "A Resolution Appointing Frank R. Shaw, Jr., also known as Tad Shaw, to the Vacated City Council Position for the City of Shore wood for the Balance of the Year 1996. Mayor Bean noted he felt Mr. Shaw would bring a depth of experience to the Council to help carry them through the remainder of the year. He noted the position will be up for election in November of 1996 for a two year tenn to complete the four year tenn Councilmember Malam had vacated. Motion passed 3/0. City Administrator Hurm administered the oath of office to Mr. Tad Shaw. Councilmember Shaw joined the Council at 7:43 p.m. 4. 5. CONSENT AGENDA - None. MATTERS FROM THE FLOOR Cub Scout leader asked who to contact regarding the sign ordinance for Our Savior Lutheran Church. He was directed to contact Planning Director Nielsen. 7. PUBLIC HEARING 7:45 P.M. - 1996 ALLOCATION OF URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) City Administrator Hurm reported the purpose of this resolution was to approve the projects for funding from the Year Urban Hennepin County Community Development Block Grant program and authorizes submittal of the proposal to Hennepin County. Staff is recommending $3,497.00 be allocated to the Southshore Senior Center Operation, $6,000 be allocated to Housing Planning Assistance and $7,989 be allocated to Housing Rehabilitation. Mayor Bean opened the public hearing at 7:49 p.m. JoAnne Kvem, Coordinator of the Southshore Senior Operation, thanked the City Council for their support in the past and continued support for the new Senior Community Center. She presented Councilmembers with the Southshore Senior Center Annual Report. She noted services provided by the Center included the serving of meals, van rides and many other activities. She thanked all the volunteers who continue to make the program a success. She noted the Center had raised $10,000 to donate to the Friends of the Senior Community Center and was committed to raise an additional $8,000 to help the van program. Hearing no further public comment, Mayor Bean closed the public hearing at 7:54 p.m. Mayor Bean asked. and Nielsen confinned that the $6,000 being allocated was for the Housing Plan included in the Comprehensive Plan. " ~. . . i . . REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 3 Hurm explained the funds could be re-allocated to Housing Rehabilitation if it was determined there was a shortage in that fund. This would however, require another public hearing. McCarty moved, Benson seconded to adopt RESOLUTION NO. 96-20. "A Resolution Approving Projected Use of Funds for 1996 Urban Hennepin County Community Development Block Grant Program, allocating $3,497.00 to. the Southshore Senior Center Operation, $6,000.00 for Housing Planning Assistance and $7,989.00 to Housing Rehabilitation and Authorizing Signature of Sub-recipient Agreement with Hennepin County and Any Third Party Agreements." Motion passed 4/0. Dorothy Hoffman, President of the Southshore Senior Advisory Board, thanked the City Council and Shorewood residents for their continued support. 6. CONTINUATION OF PUBLIC HEARING - CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENT IN BOULDER RIDGE Mayor Bean noted this was a continuation from the last City Council meeting at which time Councilmembers had requested staff obtain additional background information regarding this request. Nielsen noted he had included the Applicant's Wetland Delineation Report, the Corps of Engineers approval, the MCWD permit application, the MCWD Board Agenda and Minutes for the November 9, 1995 meeting and the MCWD Permit in the Councilmember's packet. He stated the Watershed District's recommendation had consisted of a single paragraph and appeared to have been treated as a routine request. The item was included on the MCWD Board Agenda as a consent item. Approval was subject to the condition of 2: 1 mitigation and appeared to be considered as an extension of the original permit granted to Boulder Ridge. Chuck Dillerud, representing Tony and Diane Eiden, owners of Lot 5 and the Skine's owner of Lot 4, stated he felt the evaluation performed by Kelly J. Bopray, Certified Professional Soil Scientist, explained what was evaluated in issuing the permit. Mr. Dillerud stated the impact area is dominated by a mono-typical stand of reed canary grass and water was observed within six inches of the surface at the time of the site visit. He stated he hesitated to call the wetland insignificant but felt it was not as significant as many wetlands the Watershed District deals with on a day to day basis. He noted the Corps of Engineers authorized the mitigation under a national permitting procedure which is used to address the issues that arise lot by lot. He explained the lots could be built on as they are but the homes would not be consistent with the homes placed on the lots in the rest of the development. The goal of the Eiden Company is to maintain continuity in. the characteristics of homes in the neighborhood. He maintained his perspective that this was not a wetland issue but a request for a drainage and utility easement vacation. He stated the City Engineer had not presented any information to demonstrate that the easement was still necessary. Mr. Dillerud stated neither Tony Eiden. nor Abingdon Development had been involved in the original development of the property and did not create the situation. He reported he had contacted Mr. Miller in regard to the issue raised at the last City Council meeting of a lengthy environmental confrontation when the original permit was requested and been informed there had been none. Mayor Bean opened the pub~c hearing at 8: 13 p.m. REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 4 Mark Schuster, 26450 Noble Road, presented slides of the area where the proposed filling would occur. He stated one of the lots has been for sale for three years and he believes the fill is being done to make the lot more salable. Christine Lizee, 27055 S~thtown Road, stated she was speaking as a Planning Commissioner and a concerned resident. She stated she did not believe the Planning Commission would concur with vacating the drainage and utility easement after all the work they have done to establish the wetland setback requirements and. she felt this would establish a precedent in the City of Shorewood. She noted Mr. Miller was informed that this parcel had a small buildable area and the new owners should also have been aware of this fact. She felt a deck could be built on another side of the house which would not be within the setbacks. 8. PUBLIC HEARING 8:00 P.M. PUBLIC IMPROVEMENT HEARING FOR WATERMAIN, STREET RECONSTRUCTION AND OFF -STREET TRAIL PROJECT - SMITHTOWN ROAD A. Consideration of a Resolution Approving Project #95-16 - Smithtown Road Watermain, Street Reconstruction and Off-Street Trail Brown reported a feasibility study has been prepared for street and. utility improvements on 'Smithtown Road from Eureka Road north to Country Club Road. A public information meeting for this project was held on February 13, 1996. At that meeting, the proposed walkway was to be located on the south side of Smithtown Road. Due to the impact this would cause, the walkway is now being proposed for the north side of the roadway. Paul Hornby, OSM Engineering, explained the proposed trunk watermain will be installed to interconnect the Boulder Bridge and Badger Field Well systems. Storm sewer is proposed for the entire length of the project. Three outlets are proposed. One at County Club Road, one 200 feet west of Star Lane and the third at the Hennepin County Regional Trail. The walkway was originally proposed for the south side but has been moved to the north side due to the impact on trees. Trees of up to 14 inch diameter will be transplanted and the trail can be varied in placement to prevent encroachment on .property. Placing the '" . ~... REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 5 trail on the south side would have affected 3-4 homes and placement on the north side will only affect one home. The total cost of the proposed project is $1,245,600.00. Brown reported three letters had been received this evening, two in opposition to the trail and the third in opposition to the municipal water service. Several residents have expressed concern in regard to the maintenance of the trail in the winter. Brown explained maintenance will be provided by the Public Works Department. Mayor Bean opened the public hearing at 8:33 p.m. Jim Latterner, 25235 Smithtown Road, presented the Council with a petition. He stated he had lived in Shorewood all his life. He stated the petition presented was signed by 75% of the residents on Smithtown Road which represents 26 houses. Two people he had spoken with thought they might want the trail and all others were totally against installation of the trail. Mr. Lattemer stated he did not want water, curb, gutter or the trail. He felt the trail would promote more traffic and more people in the area. He stated he had moved to this area to stay away from people. He asked who would be liable if someone fell on the trail. He asked if bicycles would be permitted on the trail. Brown explained that State Aid funds were not available if the trail was designated for mixed-use. . Mr. Latterner suggested it would be more feasible to designate four feet on each side of the roadway as a trail. Brown explained this was against State guidelines. If a trail. was placed in the street it was required to be eight feet wide. Mr. Latterner stated residents in the neighborhood do not want the trail. He questioned if access would be provided for emergency vehicles during street construction and if mail service would be continued. Thomas A. Dahlberg, 25270 Smithtown Road, asked if this project was being driven by the people or by the Commission. He felt the project was being driven by the Commission because the funds are available. He noted that Mr. Latterner had presented evidence which illustrated that the vast majority of people affected by this project were against the project. He questioned the safety, special use, and handicap access issues. Diane George, 25295 Smithtown Road, stated she was not totally against the trail but did not feel she had enough information to make a decision. She liked the safety issue of her daughter being able to ride her bike on the trail. She asked if the homeowners or the City would determine what type and where trees and shrubs would be replaced. She asked who would plant the trees or shrubs, who would replace them if they did not survive and who would clean the trail. She questioned the mandated 18 month hook-up to municipal water. . . David Ryan, 25560 Smithtown Road, stated he owned the house which would be affected by the trail being placed on the north side of the road. He stated he felt the trail would be located in the middle of his living room. Mr. Hornby explained the trail will stay within the right-of-way. He also noted that in the area in question, the trail would be moved all the way to the edge of the curb. Mayor Bean directed staff to discuss this particular property with the homeowner separately. REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 6 Rollie Peterson, 5615 Harding Lane, questioned the storm sewer run-off. He stated there was an existing problem in the Harding Estates area. He felt a holding pond was necessary to ensure all water would flow to the north and not to the south. He felt a holding pond should be constructed on both sides of the improvement or the road should be elevated to ensure the run-off would flow to the south. Nancy George, 25180 Smithtown Road, stated she was concerned that there was not 66 feet of roadway in front of her house and she would loose part of her yard. She expressed her concern for the beautiful trees on the north side of the road. -- .. Mr. Hornby explained the walkway would be located 9 feet from the front face of the curb. It would be a 6 foot walkway and there would be 2 feet beyond that. Ms. George stated she was totally against the project. She felt there was no need for that wide of a walkway on the north or the south side of Smithtown Road. Greg Elwell, 5720 Star Lane, explained his house was located at the intersection of Smithtown Road and Star Lane. He stated his property would be directly impacted by the proposed trail. He stated his property was heavily wooded and his house was located at . the north end. He stated he was strongly opposed to the proposal. He felt this would not .. benefit the property owners. He stated he felt the proposal was driven by the State funding rather than by what the residents wanted. Julie Dahlberg, 25270 Smithtown Road, stated there were many kids who mingled and sat along the properties on Smithtown Road and she felt the trail would encourage more of this. She was concerned there would be a lot of people crossing Smithtown Road to access the trail and this would be dangerous. She expressed her concern with vandalism, traffic problems, and the number of trees being "wiped out". She felt the trail would encourage people to come to the area from outside of Shorewood and felt this was a real invasion of privacy. She stated she had a screened porch on the front of her house which she would no longer be able to use if people were walking by all day. She asked the Council to consider the residents' feelings. . . REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 7 Susan Wandersee, 25445 Smithtown Road, stated she had just moved into the area and liked Shorewood because it was quiet. She felt the only reason for the proposed trail was to help pay for the improvements of water and curb and gutter. Ed Bergslien, 24785 Smithtown Road, asked who would pay for all of these improvements. He stated he felt it would not be the City, State or County. Mayor Bean noted the project would be partially funded by State Aid. Mr. Latterner questioned the width of the proposed street. Brown explained the roadway would have a twelve foot wide drive lane and four foot shoulder on both sides. Mary Nylin, 5715 Star Lane, stated she was a runner and biker and saw no reason for the path. She felt if kids, dogs and bikes were all using the trail it would not solve the safety issue. She stated she had moved to Shorewood for the peace and quiet. If she wanted sidewalks, she would move from the city. Mr. Bergslien felt the road should be widened to provide more room on either side. He felt the funds would be better spent to provide easier access to the trail area where the railroad used to be. He stated he was not comfortable with people walking by his doors and windows. He noted the need for parking once the road started being tom up. Eric Munkeby, 5705 Eureka Road, asked how much the walkway was costing. Mr. Hornby stated the off-street trail would cost $28,000.00. Mr. Munkeby stated he was concerned with the speed of traffic on Smithtown Road. He felt widening the street would encourage faster traffic. He stated he was not in favor of the trail. Mr. Ryan asked if the setbacks would be further reduced with the road being widened. Mayor Bean stated the right-of-way, setbacks and lot lines would not be altered by this project. Hearing no further public comment, Mayor Bean closed the public hearing at 9:20 p.m. Mayor Bean asked why.the trail was being proposed. Nielsen explained the Shorewood Trail Plan pre-dated the Comprehensive Plan. There has been a long range plan in existence which identified numerous routes for various trails. The Trail Plan was updated in 1991 and adopted by reference into the Comprehensive Plan. The rationale of the Park Commission and residents is that it is desirable to try and separate the bike and pedestrian traffic from the vehicular traffic. REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 8 ..... Keane stated the proposed trail would be a City facility within the City right-of-way which was maintained by the City and would be the City's responsibility. Mr. Hornby stated there would not be a conflict with mixed-use of the walkway. Mayor Bean questioned the access to homes during the construction and the access to the walkway. Brown explained the roadway will be tore up in half sections to maintain access to homes. One lane will be open in each direction at all times. The contractor will be required to keep all driveways open to maintain reasonable access. The homeowner will not have to park away from his home. Homeowners will have access to their mail at all times. If the mailboxes do have to be moved, a temporary facility will be installed. Handicap access to the trail will be provided at each intersecting roadway. Mayor Bean asked if there was an accurate estimate of the trees which would be removed. Mr. Hornby stated approximately 14 trees and 160 feet of hedge would be transplanted. He estimated no trees would be lost. He noted curves could be put in the trail to. go around mature trees. If trees failed, they would be replaced. Mayor Bean questioned the drainage run-off. Brown noted several homes adjacent to Harding Lane do have a run-off problem. He stated this problem has been noted and the . design will detain the run-off and not increase the amount to this area. If it is possible, the . amount of run-off to this area will be reduced. Mr. Hornby explained a 12 inch culvert which is located west of Star Lane on the south side, may be damaged or plugged. This culvert will be replaced with a 24 inch culvert. Mayor Bean questioned the option of adding two more feet to the width of the road. Mr. Hornby explained if the roadway is made wider it gives the perception that the speed limit is higher. This is compounded by the problem of pedestrians on the street. The off-street trail is a better solution. Mayor Bean questioned thl? MSA funding process. Brown explained the State routinely provides City municipalities with funds to ensure they will not end up with a city to city gridlock. The City is required to design the streets within the State guidelines. . He noted the City of Shorewood will not be assessing homeowners for roadway construction. Mayor Bean noted this was clearly stewardship of the City to the general fund. The City ... feels the use of State funds is a good method of preservation of City funds. Mayor Bean questioned the exact location of the walkway. Brown noted at the public infonnation meetings it was stated that the trail would be located three feet from the back of the curb. Brown noted this was an error and apologized. The trail can be placed in whatever area is seen fit and can meander around the existing trees. The homeowners may have a problem maintaining the vegetation between the trail and the street in the future if the trail is placed three feet from the . curb. Adequate corridor space for mailboxes and other obstacles also needs to be provided. Councilmember McCarty stated she was in favor of trails but was uncomfortable moving the trail to the other side of the roadway without knowing all residents were aware. of this. She felt this change had to be better noticed. She suggested a survey be utilized to obtain infonnation regarding who will be using the trail, where people go to walk, bike, etc. Mayor Bean noted he was concerned with postponing the project. He suggested an alternative would be to proceed with the project without the walkway. ~-- ~. " ~~-; , REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 9 Councilmember Benson stated he agreed with Councilmember McCarty that he would like to have more information regarding the trail. He asked if the funds for the walkway could be placed in the bid as an alternative. He stated he felt it was important to capture the MSA funds. He stated this project is not driven by money. He noted at the previous meetings residents expressed the desire for trails. He felt it was important to move ahead with the bid process and make a decision on the trail at some point in the future. Brown noted the State will not allow the trail to be in the bid as an alternative, however a change order could be done to the project at a later date. The City does have the option not to use the State funding and fund the project on their own. Mr. Hornby stated the design could include provisions to cover the trail at a later date. Mayor Bean agreed it was appropriate to set the trail issue aside at this point McCarty moved, Benson seconded to adopt RESOLUTION NO. 96-21. "A Resolution Approving Project #95 - 16, Smithtown Road Watermain and Street Reconstruction and delaying the Off-Street Trail with no effect to the Trail Plan, and Ordering Plans and Specifications" Motion passed 410. . Mayor Bean recessed the meeting at 10: 10 p.m. and reconvened at 10: 17 p.m. B. Consideration of a Resolution Authorizing OSM to Prepare Plans and Specifications for Project #95-16, Smithtown Road Improvements. Benson moved, Shaw seconded to adopt RESOLUTION NQ. 96-22. "A Resolution Authorizing Execution of an Agreement for Professional Engineering Services on Project 95-16 - Smithtown Road Improvements." Mayor Bean asked staff to clarify ownership of the right-of-way included in this project. Keane requested the engineer provide a survey for his verification. Motion passed 4/0. 9 . PARKS - Report by Representative . There was no report due to the late hour. 10. PLANNING - Report by Representative Commissioner Turgeon reviewed the actions taken and recommendations made by the Commission at its March 4, 1996 meeting (detailed in the minutes of that meeting). A. Consideration of a Resolution Regarding a Conditional Use Permit and Variance for Camp Coffee. Applicant: Stephen Bauer. Location: 19215 State Highway 7. Nielsen reported the applicant's original application proposed remodeling of the old Vine Hill Market Store. Based on Shorewood's Zoning requirements this required a conditional use permit for the 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 the existing building contains 2061 square feet of area. The applicant had originally proposed a 20 foot by 16 foot deck which would increase the floor area by 320 square feet. The original proposal included narrowing a wide open curb cut which was considered to be advantageous. The Planning Commission liked the idea but was concerned with parking ."IIlIl ~.., )- . -:r--:; REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 10 '.. on the site. The Planning Commission tabled the matter and directed the applicant to revise the plan to address the parking issue. Subsequently, the applicant provided a revised plan which included removal of one-half of the existing building. This will reduce the building to its original size. This will reduce the amount of parking required and provide more open space to accommodate parking. The Planning Commission recommended the only variance to be allowed would be the variance granted to the previous owner regarding the curb cut for the driveway on Vine Hill Road. This variance is justified due to the odd configuration of the area. The parking provided is now adequate. The Planning Commission. is recommending approval subject to four stated conditions. Nielsen commended the applicant for his efforts at addressing the concerns of the original review. Stephen Bauer, stated it had been a pleasure working with Mr. Nielsen. The lot had a difficult configuration and in the end it was decided to shrink the size of the building. This seemed drastic at frrst but may result in the site being more aesthetically pleasing and does allow for more parking. He stated a signage plan has not yet been competed but will be submitted at a later date. Councilmember Benson noted this was a problem piece of property. This proposal makes good use of the site. Benson moved, McCarty seconded to direct staff to prepare a Resolution regarding a conditional use permit and variance for Camp Coffee, Stephen Bauer, 19215 State Highway 7, subject to staff and Planning Commission recommendations. Motion passed 4/0. . 11. ADMINISTRATOR AND STAFF REPORTS Hurm reported he had received a letter from Karen Bowen, Director of Operations, Hennepin Parks Suburban Hennepin Regional Park District. It stated the Hennepin Parks Board of Commissioners denied the City of Shorewood's request for permission to sponsor winter hiking, biking, snowshoeing, and cross-country skiing on segments of the Southwest LRT trail that are within the boundaries of Shorewood. The Board denied the permit for additional winter trail activities within Shorewood on a 5-2 voice vote. Keane explained the Hennepin County Park: Board essentially turns jurisdiction, responsibility and liability of winter usage of the trail over to the local governments. The . winter season is defined as November 15th to April 1st. Keane stated he did not feel this . would affect usage of the trail between now and April 1st. 12. MAYOR AND CITY COUNCIL REPORTS Councilmember Shaw reported his attendance at a meeting of the Minnetonka Community Service Education Board. He stated the Director Jim Jones had resigned. Dan KuzIik is the new Director. Mayor Bean reported the authorization for temporary water for Gideon Woods had not occurred. He stated there had been a misunderstanding that the City of Shorewood would still have the opportunity to assess for their water service and the development would not be assessed by the City of Tonka Bay. Hurm noted there was an upcoming meeting scheduled at the staff level and he would bring a report back to Council. r~ . " ... .0:- . . REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 11 Mayor Bean reported he and Councilmember Benson had attended a joint meeting with the Excelsior City Council relating to a discussion on the proposed change to Water Street and Highway 7. 13. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, McCarty seconded to adjourn the City Council meeting at 11:00 p.m. subject to approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED~ Lorri L. Kopischke, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING TUESDAY, MARCH 12, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 P.M. MINUTES CONVENE SPECIAL CITY COUNCIL MEETING D. ri af.l- 11i. j . 1. Mayor Bean called the meeting to order at 6:32 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Administrator Hurm, Acting City Attorney Brown. cCarty, and Shaw; City ablgren.. and .City Engineer Absent: Councilmember Stover. . Mayor Bean noted City Attorney Keane was being re reseJ;lted tonight by Shama Wahlgren, Larkin, Hoffman, Daly & Lindgren, Ltd. He al introduced Councilmember Tad Shaw who was appointed to the City Council on Marc 11, 1996 to fill the vacancy left by Doug Malam. B. Review Agenda McCarty moved, Shaw seconded to approve the ag nda for March 12, 1996 as presented. Motion passed 4/0. 2. PUBLIC HEARING 6:30 P.M. . P LIC IMPROVEMENT HEARING FOR WATERMAIN AND STRE T. RECONSTRUCTION PROJECT - STRAWBERRY LANE . Consideration of a Resolution Approving Proj t #95-17 - Strawberry Lane Watermain and Street Reconstruction Project Brown reported this proposal is for extension of a wate . on Strawberry Lane from Smithtown Road to West 62nd Street. The City has been nsidering the 20 year water plan and has made the decision to try to link road recon ction efforts and watermain extension together in the same project whenever possible to avoid residents experiencing construction more than once. Strawberry Lane has deterio beyond the point of repair and has been slated for reconstruction through the last few itallmprovement Programs. The proposal includes extension of a 12 inch wa . down the entire.- length of Strawberry Lane with 6 inch watermain stubs to the intersec' g streets of Peach Circle and Strawberry Court. A. There were two types of sections considered. The first tion, a rural section, . would consist of2 - 12 foot lanes and 6 foot shoulders. There-is possibility of use of MSA funds for this improvement. When State funds are utilized roadway is required to meet the State's design criteria. This section does meet the criteri but is extremely wide. This will greatly impact the area and cause difficulty With de . . The second type of section, urban section, includes a bituminous surface with installati of curbs and gutters. State #;2.E >f CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 2 Aid funds would only be available for this project if the improvements were extended all the way to Highway 7. Brown outlined the two alternatives of the urban section. The fIrst would include 2 -12 foot lanes and a 4 foot trail behind the curb. The right-of-way on Strawberry lane varies from 33 feet to 66 feet. This proposal would be difficult in areas where the right-of-way decreases to 33 feet. Brown noted the existing roadway is 20 feet in width. Feedback received at the public information meeting resulted in the discussion at a work session of the City Council of how the trail would impact homes in close proximity to the roadway. The City Council then considered various options. One option suggested at the public informational meeting was to increase the 12 foot lanes to 13 feet, reduce the curb and eliminate the trail. The widening of the street and reduction in curb would allow room for pedestrians or bicyclists to take refuge from passing vehicular traffic. Brown reported total costs for the 24 foot roadway and off-street trail which was presented at the public informational meeting is $473,846.00. The total cost of the alternative of the 26 foot roadway without a trail is $481,532.00. Brown reported from a technical standpoint the 24 foot roadway is the most logical alternative. Mayor Bean opened the public hearing at 6:46 p.m. Larry Kapustka, 26400 Shorewood Oaks Drive, asked how much of the right-of-way would be cleared when the roadway was installed. Brown indicated approximately 5 to 10 feet of grading area will be required. This is due to the concern that drainage from every front yard goes over the curb. He noted every effort will be made to work around trees and bushes so as not to disturb them. . Tim Leland, 5825 Strawberry Lane, stated he would prefer the wider street without the pedestrian trail. He stated one concern with the trail was that in the winter time the snow from the street would be plowed onto the trail. He questioned who would be responsible for the trail. He stated he was concerned with the starting date of construction being August 1, 1996. He felt this was late in the year and was approaching the rainy season. He felt the two month projected construction time for this project was extensive. He stated he had been employed in the construction area for 23 years. He suggested the City hire a general contractor who was capable and responsible to complete the entire project himself. . He asked if a geo-textile fabric would be installed on any portion of the roadway. Brown reported soil boring was not included as part of the feasibility study. If the soil is determined to be bad, extra sand or the goo-textile fabric will be utilized. Mr. Leland stated he would prefer the geo-textile fabric. He stated he felt it was necessary as the ground was very wet in this area. Wayne Oelfke, 6170 Strawberry Lane, asked if the proposed street would come down the middle of the existing roadway. He asked if the trail would be located on the east or west side of the roadway. Mr. Oelfke asked how much the geo-textile fabric would cost. Brown explained the trail would be located on the east side of the road. He stated the fabric would be approximately $11,000.00. Paul Fasching, 26450 W. 62nd Street, asked if the City was intending to raise the grade level. He noted the property on the west side was lower than the road level. Brown noted , l" . . CITY OF SHOREWOOD . SPECIAL MEETING MINUTES March 12, 1996 . PAGE 3 there is an area which pockets water. The proposal will try to lower the roadway elevation to ensure the water will drain over the curb. Chuck Cochran, 5915 Strawberry Lane, stated he was happy to see there was more than one alternative being proposed. He asked if the center of the proposed road would be the same as the existing roadway.. Brown noted they had tried to create an alignment of Strawberry Lane which would allow a narrower roadway and the trail without impact to the homeowners. This was not possible due to the two long stretches of 33 foot right-of-way and that the right-of-way is not evenly distributed on the roadway. Mr. Cochran stated he is against the trail. He would prefer the 26 foot wide road. If the trail is installed the trees would be lost. He stated his home is so close to the right-of-way that he was denied the ability to install a bay window. as it would encroach on the 50 foot setback. He asked if there was going to be a bike path on Smithtown Road. City Administrator Hurm stated this is included on the Trail Plan but will not be installed this year. Mr. Cochran stated if there was a bike trail intended for Smithtown Road he did not feel it was necessary to have a bike trail on Strawberry Lane. He stated he felt the trail would have a negative market impact to the residents on Strawberry Lane. Patty Helgeson, 6120 Strawberry Lane, stated she was trail neutral. She stated however, she was not comfortable with a26 foot wide road. She did not believe a 26 foot wide road would accommodate pedestrians any better than a 24 foot road. She expressed concern that a 26 foot wide road would be installed and at a later date a trail would also be installed. She stated she was against that much asphalt and width. She stated she liked the rural flavor of the area and didn't care. for the suburbanization. She stated she appreciated the road improvement itself. Delores Mullenbach,. 5840 Strawberry Lane, stated she would prefer to not have the trail. She saw no reason for the trail. She moved to this area because she wanted to live in a rural area. She stated there is a trail near the railroad tracks and she did not see a reason to have a trail through every yard. She felt this was a waste of money, a great extravagance that the residents did not need right now. Ann Hidding, 5885 Strawberry Lane, stated she was against the trail. She felt the wider street would be sufficient for people to bike and walk. Steve Bradley, 6175 Strawberry Lane, stated he would prefer the 24 foot wide road. He expressed his concern with the speed of traffic and noted he did not want Strawberry Lane to serve as the access from Smithtown Road to Highway 7. He stated he would appreciate whatever the Council could do. Hearing no further public comment, Mayor Bean closed the public hearing. at 7: 14 p.m. Mayor Bean read a petition received from 24 residents on Strawberry Lane in opposition to the widening of Strawberry Lane to 26 feet. Two-thirds of the signatures were those of residents on Strawberry Lane. He also noted a letter received from Allen and Peggy Johnson, 5865 Strawberry Lane in opposition to the proposed trail. Mayor Bean explained the rationale for the trail was due to the safety standpoint of separating vehicular traffic from pedestrian and bike traffic. He asked if installation of a 26 ~ J CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 4 foot roadway at this time would mitigate the possibility of installation of a trail at a later date. Councilmember McCarty stated she felt it would not be possible to install a trail at a later date as there was not room. She stated she liked the idea of the trail for children who were walking to school but did not see how it would be possible from a right-of-way standpoint. Councilmember Benson stated he felt a 26 foot wide road with 8 inch high curbs would create a barrier. He stated if there was a trail, it needed to be an off-street trail. He noted he was not prepared to say he did not want trails in the City of Shorewood. The City Council had agreed to consider the trail on Smithtown Road in a different phase and he felt it may be appropriate to do the same in this situation. He stated he was not convinced that residents of the City did not want trails. He was willing. to consider a 24 foot roadway with the potential of installation of a trail at a later date. Councilmember McCarty noted one concern with the 26 foot wide road was increased speed. She asked if there was anything which could be done as far as curving. Brown stated this was not possible due to the right-of-way. Brown also noted gentle curves tend to result in a higher accident rate. Councilmember McCarty asked if there was a difference in safety between a 24 foot and a 26 foot wide roadway. Brown stated it was difficult to say as there were so many variables involved. . Councilmember McCarty noted there was a lot of vehicles parked on Strawberry Lane and Smithtown Road during school events and asked how the two widths would affect parking. Brown noted there was not enough width to designate allowable parking under either proposal. He indicated an 8 foot shoulder is required to allow people to park and get out of a vehicle without being hit. He stated Strawberry Lane will be signed "no parking". Mayor Bean questioned the timing and access issue. Brown stated originally the bids were to be let out in August of 1996. He stated the City was eager to let bids out as soon as possible. He stated the two month projected construction time was an estimate and could vary significantly. He noted the project will include interim completion dates to keep the contractor on schedule. He indicated there will also be construction occurring on Smithtown Road. That construction will be done in halves and one lane will remain open . in each direction at all times. He stated although Strawberry Lane will not be completed in halves, access will be maintained at all times. The City is anticipating periodic meetings with residents in the field. Mayor Bean asked if it was necessary to use surmountable curbs. Brown noted this was strictly an MSA issue. He noted the advantage to barrier curbs is that they prevent a car from going over the curb. Mr. Oelfke noted surmountable curbs would allow more room for vehicles to park on the street. Mayor Bean stated surmountable curbs also allow cars to pull up on the grass. Barrier curbs prevent this. Mr. Bradley asked if the MSA funding was an incentive to include the trail or to widen the road to 26 feet. Brown noted the trail and the MSA funding were two separate issues. MSA funds only applied to construction of roadway. Mayor Bean noted MSA funds were not available for this project. . . CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 5 Benson moved, Shaw seconded to adopt RESQLUTION NO. 96-23.. "A Resolution Approving Project #95-17, Strawberry Lane Watermain and Street Reconstruction project with a 24 foot wide street without a trail, with an option for a future trail and no change in the Trail Plan, and Ordering Plans and Specifications. Benson asked the difference in barrier curbs and surmountable curbs from an engineering standpoint. Brown noted the cost and drainage were the same, the only difference was the safety issue. He indicated many communities use surmountable curves so they do not have to install depressed curbs in driveway areas. Councilmember McCarty stated she did not feel that a trail would fit in this area. She felt the 26 foot road would provide a lot more room. Councilmember Benson stated he preferred to keep residents off the street. He felt if a trail was not created people could walk and ride their bikes on the grass. He felt the addition of one foot of roadway would result in a false sense of security. He stated he was not giving up on the trail but felt it should be further discussed and should not hold this project up. Councilmember McCarty stated she felt this was different than Smithtown Road. She didn't want the residents to have to wonder for the next five years when or if they would be getting a trail. Councilmember Benson noted the issue would have to be addressed but again stated he did not feel it should hold up the street reconstruction project. A 26 foot wide street would totally eliminate the possibility of a trail in the future. Councilmember McCarty reiterated the point that she did not feel there would ever bea trail in this area. She did not like putting the residents in limbo and did not feel this was the same thing as Smithtown Road. Voting on the motion: Motion passed 4/0. B. Consideration of a Resolution Authorizing OSM to prepare Plans and Specifications for Project #95-17, Strawberry Lane Improvements Benson moved, McCarty seconded to adopt RESOLUTION NO. 96-24. "A Resolution Authorizing Execution of an Agreement for Professional Engineering Services with OSM for Project #95-17, Strawberry Lane Improvements for Watermain Installation and Street Reconstruction. Motion passed 4/0. Mayor Bean recessed the meeting at 7:50 p.m. and reconvened at 8:00 p.m. 3. PUBLIC HEARING 8:00 P.M. PUBLIC IMPROVEMENT HEARING FORWATERMAIN AND STREET RECONSTRUCTION PROJECT - EUREKA ROAD A. Consideration of a Resolution Approving Project #95-14 - Eureka Road Watermain and Street Reconstruction Project Brown reported this proposal was for extension of an 8 inch watermain on Eureka Road from Smithtown Road to Birch Bluff Road. Watermain stubs will be installed at all intersecting streets. Currently Eureka Road is a rural bituminous surface without curbs or gutters, 20 to 22 feet wide which is showing signs of distress. The City has made the decision to perform watermain extension and necessary road reconstruction at the same ..; CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 6 time so residents will only have to go through construction one time. Several. alternatives were considered in the feasibility study. The fIrst alternative is to do nothing to the roadway. Staff does not feel this alternative is feasible. The second alternative would be to install the 8 inch watennain and reconstruct the roadway to a 24 foot bituminous surface with 6 foot wide shoulders. Due to the mature trees along the roadway this option is not considered feasible. The third alternative would be to install the proposed watennain and reconstruct the roadway as a 26 foot wide driving surface with curbs and gutters. This is the alternative which was presented at the public informational meeting. The residents at that meeting did not approve of this alternative as they did not want to alter the character of the neighborhood. The fourth alternative would be to install the proposed watennain and restore the area including a seal coating of the entire roadway in the fall of 1996. The total cost of alternative 3 is $799,442.15.. The total cost of alternative 4 is $289,144.05. with the major cost being attributed to the watermain construction. Brown stated staff is recommending alternative 4. Mayor Bean indicated Duncan Storlie had been requested to represent the homeowners on Eureka Road so he would be allowed more time to speak during the public hearing. Brown explained the proposal which the residents supported had two possibilities. One . possibility would be to open a trench in the roadway which would result in one lane remaining open. The other possibility would be to bore a portion of the main. This would result in little disturbance to the area. With the technology that is becoming available it is difficult to determine which method would be more cost effective. Brown noted there will also be construction occurring on Smithtown Road. One lane in each direction on Smithtown Road will remain open at all times during the construction process. The City's intention is to conduct weekly on site residential meetings to allow residents to come and voice their concerns during construction. The contractor will be expected to maintain driveway access at all times. If necessary, temporary mailboxes will be provided so as mail service will not be interrupted. Mayor Bean opened the public hearing at 8: 17 p.m. Duncan Storlie, 5.375. Eureka Road, stated he had lived in Shorewood for 23 years. He was here tonight to represent the homeowners on Eureka Drive. He had performed a survey which illustrated that most people were not in favor of water extended on their. street. He stated he had attended many meetings in the past and the residents were against the installation of municipal water. He felt that the water was being pushed through. He stated he thought a lot of people felt the costs of the water system were being misrepresented by the City. He noted there were many other costs associated with water extension including hook-up charges, plumbing fees and a sac charge. This did not include the cost of the water itself. He felt the water system was unnecessary, unwanted and ridiculous. He questioned how the water could go forward on its own inertia without the support of the residents. He indicated another cost is the waste of a good well and also results in a duplication of service. Mark Harland, 5300 Eureka Road, stated he had owned his home since 1985. He referred to a notice which stated the City Council must serve in an impartial fashion. He stated this did not mean the Council would advocate water or construction. The Council was here to work for the people. He cited the City newsletter which listed the reasons City. water was in the best interest of the residents. It cited reasons such as water pressure for fIre protection, elevated water storage in case of power failure, watennain installation before street reconstruction, interconnection of the systems, provide sprinkler systems for senior housing, make water available to developments, and replace aging wells. Mr. Harland 't ;,.. . . CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 7 argued all these points and stated he would be the Council's worst nightmare if they "slammed" the water through. He felt the City was trying to tax him out of his house. He stated he did not want City water and there was no reason for City water. He felt the only one that was benefiting was the developers. Bill Bukovec, 5335 Eureka Road, asked if $5,000 for water installation was still an accurate figure. Brown stated it was and noted that the City had chosen not to assess the homeowners for street construction. Mr. Bukovec stated that to his understanding the Boulder Bridge water project system did not support itself. He felt the City-wide project would help spread the cost of an ill- conceived water project such as Boulder Bridge. He stated it appeared that the Boulder Bridge system was a mistake and this was an attempt to cover that up. He stated. fire protection was not an issue as all residents not on municipal water paid an extra insurance premium. He asked if City water was indeed installed, the City would be responsible if his house burned down. Duane Laurila, 5595 Eureka Road, stated he had been at the Comprehensive Plan meetings last winter at the Minnewashta School and had been one of the two persons to speak against municipal water. He cited a Shorewood newsletter from 1991 which stated the City had performed a City-wide survey which indicated that 70% of the residents had their own well and 30% had City water. 91 % of the persons polled stated they were .satisfied with the water they had and 9% were dissatisfied. The determination was that it was not viable to provide City water. He questioned what had changed in four years. He stated he felt the water needed to be installed for the Smithtown Road development. He did not feel the residents should have to subsidize the developer. He stated $5,000.00 was a lot of money to him. He noted 3-4 persons in his neighborhood had replaced their well within the last two years. He noted these wells were useless if city water was installed. They would have to be capped if they were not in use. He stated he did not know of anyone in the City of Shorewood who had a problem with contaminated water. He asked ifa water treatment plant was planned for City water in the near future. He felt that residents had the misconception that they would not need water softeners for the City water. He read a statement from the City newsletter that stated one goal of the City of Shorewood was to make the people want to live here. He felt the City Council was misrepresenting the people who live in Shorewood and felt they were doing too much for the developers. He stated no one in the City listens and this was the biggest problem. Renee Foster, 5595 Eureka Road, stated she had been to all the planning meetings and the Minnewashta meetings. She stated she wanted to go on record as being opposed to. the water since the planning stage. She stated she did not think a lot of people knew what was going on. She did not think the City even knew what was going on. She stated she did not want water and did not need water. She felt City water would lead to a number of other things including water treatment plants and road improvements. She felt the only. reason for the water extension was developers. She understood the developers paid more · but noted most of the residents did not even want the City to be developed. She. felt Shorewood was being turned into a "mini Edina". She noted these were the exact reasons she left the cities. She stated if the residents had voted the water in, she could be happy. But they had not. There was no referendum, no survey. She felt that even at the public informational meeting the City kept saying, "You will get water." She felt the City Council was supposed to represent the citizens wishes. Jerry O'Neill, 25540 Nelsine Drive, stated he was opposed to the City water and road improvements. He stated the last time he had spoken with Mayor Bean he was. informed that the installation of City water would increase his property valuation by $5,000.00. He .~j CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 8 stated he had spoken with three appraisers and two real estate agents and they had informed him City water would not increase the value of his home. Also, for the next seven to eight months he was stuck with a pending assessment on his home, from which he would gain no value. This would decrease the value of his home if he tried to sell. Councilmember McCarty stated this was not totally correct as there would. be no assessments to his property until he was actually included on the assessment roll. Mr. O'Neill stated that in reality the pending assessment was still there. He questioned who had informed Mayor Bean that the market value would raise. Mayor Bean stated he believed that statement was based on the County Assessor's input. Councilmember McCarty stated the information would be made available to the public. Greg Larson, 25535 Orchard Circle, cited a letter from Jim and Judy Marshall, 2320 Eureka Road and noted there were a number of residents on Eureka Road who could not afford this financial burden. These people have lived on the land a number of years and are ready to retire. Due to their fixed income and the cost of assessments, they may not be able to retain their land. He stated he believed the water issue should be tabled. Mr. Larson.. presented a petition which was signed by 70 to 80 residents opposing the upgrade of the road and the watermain extension. He stated 90% of the people do not even know if they want water or not. He believed the City had failed on their obligation to inform the residents. Larry Opfer, 25900 Wild Rose Lane, stated he agreed with the residents. He did not know why the City Council wanted to install City water. He stated the less government did for him, the happier he was. He stated he was still being assessed for installation of sewer. Councilmember Benson noted the sewer had been installed in 1971. Mr. Opfer asked what the specials on his property taxes were if they were not sewer. He stated he would now be assessed for another twenty years and he would never be able to get ahead. He stated he had a rock well that was 208 feet deep. He stated he did not want the streets upgraded because he felt it would only increase the speed of the traffic on the road. Kate Lynch Bix, stated she was speaking for herself and her husband. She stated she lived on Orchard Circle and her only access was Eureka Road. She stated she had gone out and talked to the neighbors about this project and it was compelling to her that not one person was in favor of this project, especially the older residents. She stated the residents are sad, discouraged and feel alienated because no one listens to them. When she bought her house in 1992, she was looking for a well. She stated she is allergic to and has never drank City water. When she bought her house she was told there were no plans for City water. She felt if the 20 year City water plan was in place it would impact residents who wanted to sell their homes. She questioned the penalty for not hooking up within 18 months. She requested a vote by roll call on this item so she would know who to campaign for or against in the upcoming November election. She stated she like the rural character of Shorewood including the potholes, trees, water, marshes. She asked to go on record stating the Bix family is opposed to major changes in the City of Shorewood. Mary Dorfman, 25845 Birch Bluff Road, stated three years ago she called City offices and asked when City water would be installed. She was told it would be 20 years. She asked what had happened to change this timeline if it was not development based. She stated she did not believe that the citizens would be safer if City water were installed because not. one . .. ... . . CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 . PAGE 9 house had burned to the ground in the City of Shorewood. She questioned what connection between the other funding source and the completion of City-wide water made it so appealing to the Council that they would go against a whole City that does not want water. Mark Harland, 5300 Eureka Road, asked who had put together the reasons the City of Shorewood needs City water in the newsletter. He stated he felt it was impossible to address the water issues and avoid the connection with the developments. He noted if the option of watennain and seal coating were chosen and the developments were approved, the trucks for that development would come down Eureka Road. He questioned who would be responsible for the damage the trucks caused to the road. He suggested the "do nothing" approach and stated he felt the road would last longer. Mr. Opfer stated all the residents were in agreement and all were against the City Council. He stated he did not need and did not want the City's help. He asked if there had ever been a meeting when all the people were in support of water. Mr. Storlie asked if the assessment amount or the water rates could change. Judy Englund, 25555 Orchard Circle, stated she would like the opportunity to negotiate the length of time allowed to hook-up to the system. Her well is only three years old and she had no intention to have City water until her well went bad. Steve Croissant, 26025 Birch Bluff Road, stated he was against City water. He stated this year his property taxes went up 12% which resulted in a $500.00 higher increase than his raise at work last year. He felt .the development would result in more children and would require another school being built. He felt it was going to get to the point that it was difficult to put food on the table. He stated his house was built in 1992 and he did not need City water. Ms. Lynch Bix stated the residents felt betrayed and discouraged because no matter what they do the City Council has. not listened. She stated she felt the City was providing a duplication in services. She stated she had a well with a brand new pump which was 330 feet deep. Robin. Thompson, 25960 Birch Bluff Road, stated she felt there were not many seniors living in the area because they were all being taxed out of their homes. This was the result of things like City water and the City Council not listening to the residents. Mr. Larson stated he felt a big problem was cynicism toward government. He cited a recent poll which stated people don't trust each other or government and feel powerless. Mr. O'Neill stated no one listens to what the people say. Mr. Harland noted the City will be providing chlorinated water and this may have something to do with cancer. Hearing no further public comment, Mayor Bean closed the public hearing at 9:25 p.m. Mayor Bean explained that the process of the City water plan development had been extensive and thorough. He stated this is a 20 year water plan but this is the beginning of the 20 years. He noted there were several water systems in the City currently but with the exception of the Southeast system there are no elevated storage systems to regulate pressure and control if the electricity failed. He noted a house had recently burned to the ground in .t. .. CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 10 the City of Deephaven. This area was not on municipal water and was served by the same Fire Department as the City of Shorewood. He stated fIre pressure does make a difference. Mayor Bean noted as much as we all like to keep things from changing, there will be development in Shorewood. Based on the most recent estimates, approximately 200 more homes will be built. The majority of these homes will be west of County Road 19. All of these homes will feed the Minnewashta Elementary School. Estimates show there will be approximately 100 additional children in the next 5 to 10 years. Currently the school does not have elevated storage or municipal water. He stated he hoped there was never a fIre at the school. Mayor Bean stated one objective of this City Council has been to provide affordable senior housing in the City of Shorewood. This has resulted in fIve Cities coming together and funding a Senior Center. He noted there is a provision in the water ordinance that was passed to waive the assessment as long as the senior citizen owns the home. The City Council has no intention of driving the senior citizens out of Shorewood. The achievement of the objective of affordable senior housing will result in higher density units. The Council is striving to achieve these goals and mandates and still preserve the character of Shorewood. Mayor Bean stated the water project is not being done for the developers. The developments were taken into consideration in the planning procedure as to avoid duplication of services. This project is not being done to subsidize development. Mayor Bean stated the cash flow derived from the water system does fund the water systems in place at the present time. The objective of the 20 year water plan is to make the water system as efficient as possible and create an interdependency in the water system which does not exist currently. The fIrst priority of the project is to provide elevated storage for the west end and address the school defIciency. The second priority is to provide the interconnection of the systems. The City of Victoria is also in need of expansion of their water system. This planning makes good sense as it will contain government spending and is looking at the issue representatively across the whole City. Mayor Bean stated the assessments have been determined after many hours of discussion as to the best way to lay the plan out. The assessments are not cast in stone and the ordinance provides for increase in response to inflation based on the consumer price index. The mandatory hook -up will still be evaluated before the fIrst person is required to hook- up. The assessments were determined by considering what value was added to the property by having municipal water available, the cost to install the water system and to a degree what was equitable. The assessments will not cover the costs of the whole water system. As stated previously, the cash flow does support the system as it exists now but maintenance costs will require a policy decision to support another source of revenue possibly a unit fee or a base fee. The only other option would be to fund the water through the general fund. Mayor Bean stated there was no referendum on this issue. This item is to be decided by the City Council as representatives of the City of Shorewood. He noted all the Councilmembers are residents of Shorewood and have nothing to gain by the water project. This decision has been made earnestly and with much conscious thought. Mayor Bean stated the City is also trying to address street construction as the water project is addressed. They received input at neighborhood meetings that residents do not want curbs and gutters. The Council understands the residents desire to maintain the look and rural feel of the neighborhood but maintains if the street is simply put back the way it is . . ..,ll. . . CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 11 today, it will fail. The Council has looked at which streets are in need of repair and tried to schedule the water at the same time so as to avoid duplication of services and government waste. Mayor Bean recessed the meeting at 10:00 p.m. and reconvened at 10:01 p.m. Mayor Bean noted the age of neighborhood and resulting age of wells had also been considered in determining the water plan. It is projected that Shorewood will be fully developed within the next 10 years and this was another reason it was determined the water system needed to be done soon. Many residents have indicated they are not interested in spending $5,000.00 but that they understand the need to implement the system within the next 20 years. Mayor Bean stressed that the Comprehensive Plan and water plan implementation had been widely publicized in the local newspaper, the newsletter, cable television and neighborhood meetings. The water plan has not been done arbitrarily but has been a process with much effort from the City Council, City staff, the Planning Commission and a citizen task force. Mayor Bean noted wells will not have to be capped. Minnesota State statute requires that municipal and well water cannot be co-mingled. At such time as a well fails, it will be required to be capped. He noted water has been provided by the Boulder Bridge system for 15 to 20 years and has never been contaminated. The City water provided will be chlorinated or fluoridated. Councilmember Benson stated he had lived in Shorewood all his life and appreciated the residents who have stayed to listen to the Council's response to the issues raised tonight. He stated he has talked with many residents in regard to the water issue and he felt people are generally receptive to the water project. He stated there had been a great deal of thought which went into this project. He stated he was offended that people say this project is in response to developers. He stated he would not prostitute himself to another and the decision he made tonight would be his decision based on how he felt. He stated this has been a difficult decision and is one that has been made not without thought but with much care and concern. Councilmember McCarty stated she echoed the thoughts expressed by Counci1member Benson and Mayor Bean. She stated the Council had done everything possible to inform the residents. This decision was not being made arbitrarily or copiously. Council has worked hard to make the best decision for the City of Shorewood. She stated she felt comfortable and would vote yes knowing it is the best decision for the City of Shorewood and for the future of Shorewood in the 21st century. Councilmember Shaw stated he felt this decision was long worked over. The need for City water has been a long time coming and its time has come. He stated his phone numbers were 474-3636 and 474-3939 and he could be reached on the internet at TadSter@aol.com. He stated he would be happy to speak with any of the residents in regard to this issue. Benson moved, McCarty seconded to adopt RESOLUTION NO. 96-25. "A Resolution Approving Project #95-14 -Eureka Road Watermain and Street Reconstruction Project to include no improvements except restoration and sealcoating of the entire roadway in the fall of 1996, and Ordered Preparation of Plans and Specifications. Motion passed 4/0. t" .t,- CITY OF SHOREWOOD - SPECIAL MEETING MINUTES March 12, 1996 - PAGE 12 B . Consideration of a Resolution Authorizing OSM to Prepare Plans and Specifications for Project #95-14, Eureka Road Improvements. Benson moved, Shaw seconded to adopt RESOLUTION NO. 96-26, itA Resolution Authorizing Execution of an Agreement for Professional Engineer Services with OSM for Project #95-14, Eureka Road Improvements. Motion passed 4/0. 5. ADJOURNMENT Benson moved, McCarty seconded to adjourn the Special meeting at 10:40 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Lorri L. Kopishcke Recording Secretary TimeSaver Off Site Secretarial . ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . "' CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT AND A DRIVEWAY SETBACK VARIANCE FOR CAMP COFFEE WHEREAS, Stephen Bauer and Stephen Whitehill (Applicants) have an interest in the real property located at 19215 State Highway 7 in the City of Shorewood, County of Hennepin. State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicants propose to remodel the existing building on the subject property into a coffee shop; and WHEREAS, the Applicants have applied for a conditional use permit, pursuant to Section 1201.21 S ubd. 4.c. of the Shorewood City Code, and a setback variance for the distance between _ his access drive and the street intersection; and WHEREAS, Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission and City Council, dated 27 December 1995 and 8 February 1996, which memoranda are on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 2 January 1996, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for conditional use permit and a variance was considered by the City Council at their regular meeting on 11 March 1996, at which time the Planner's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. , NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in a C-3, General Commercial zoning district. 2. That the City Zoning Code requires a sixty-foot setback between access drives and street intersections. 3. That the access on the east side of the site is currently unconfined and.the Applicants propose to create one access drive on Vine Hill Road which will comply more closely with City Code requirements. 4. That the Applicants' property contains approximately 13,598 square feet of area and is irregularly shaped due to the location of the State Highway 7 right-of-way. 5 . That the Applicants propose to remove approximately one half of the existing building, remodel the remainder into a coffee shop and construct a drive-up window facility on the east side of the building, as shown on his proposed site plan, Exhibit B, attached. tJA ul LEGAL DESCRIPTION: . "That part of the East 133 feet of the following described property: That part of Lot 15, Vine Hill, described as follows: Commencing at a point on the East line of said Lot, distant 375 feet South of the Northeast corner of said Lot; thence West perpendicular to said East line, along a line hereinafter referred to as Line "A" a distance of 188 feet to a point hereinafter referred to as Point "X"; thence continuing West on said Line "A" to the West line of the East 330 feet of said Lot, and said Line "A" there ending; thence North along said West line of the East 330 feet a distance of 71.9 feet more or less to the Southeasterly line of the right-of-way of State Highway No.7; thence Northeasterly along said Southeasterly line a distance of 124 feet to the actual point of beginning of the land to be described; thence Southeasterly along a line, which if extended would pass through said Point "X", to its intersection with a line drawn parallel with and distant 20 feet North from said Line "A"; thence East along said parallel line to said East line; thence North along said East line to said Northeast comer, thence Southwesterly to the actual point of beginning, lying North of a line described as follows: Commencing at the Northeast corner of said Lot 15; thence South along the East line of said Lot a distance of 294.59 feet to the point of beginning of the line being described; thence deflecting right 90 degrees to the West line of said East 133 feet, and there ending." . Exhibit A . . /\ ~.J\' . ~ ~ . ~":;1It~c;;J I~ ~MOJG fol a;,~ I~T. ' ~t;:A - CONV. WP ,I,v PINe ',(;." . GJ;:b1;; 6 F- .". ~ ,~;: "rr 1/1-1 - Cl~~:? - :ONV CAJ~ . t:J6 vJ , l JI">I , ... ............. , "V~S ~/CI N ~ ~H \" -~""'f',) ~~GA. -@ G I-n; ~J . I ; ~o - H K A 'IN.C' ARCHITECTURE. PLANNING e07. WASHINGTON AVE. so. SUITE 20a I MINNEAPOLIS loiN 5S4 IS ./ -. I hereby certify that this plan. specification. or report 'MIS prepared by me or under my . direct supervision and that I am a duly Registered Architect . under !he laws the Slate._ ., of. ta ' '... p/c'ofe)seo SC~MAT7C S /;'1; PI." AN IE'A'Nff CO.FFE.E Fresft.f . ., Exhibit B ..". To: From: Date: . Re: CITY OF SHOREWOOD" MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331.8927 -(612) 474--3236 Mayor and City Council James C. Hurm, City Admiuistrator 91-- Larry Brown's sixth month employment anniversary date is Apri13, 1996. He has now fully taken over as City Engineer and Director of Public Works and is doing a very meritorious job. It is my recommendation that as of his sixth month anniversary date he be made a permanent employee of the City by the City Council and his salary set at Step 3 which is $50,986 annually. . March 21, 1996 Agenda Item #3B A Residential Community on Lake Minnetonka's South Shore #38 . . CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION APPROVING A GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for. such licensing and application, whereby the licensee will hold the City hannless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and have agreed to all terms and conditions of the agreement contained in the license. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1996. That a license for the conduct of gambling as specified in the terms and conditions of the license be issued to the American Legion, Post #259 for a term beginning July 1, 1996 and ending June 30, 1998. ADOPTED by the City Council of the City of Shorewood this 25th day of March, ATIEST: Robert B. Bean, Mayor James C. Hurm, City Administrator/Clerk #-~C- ACICNOWLEDGMENT GAJlBLDfG PRBKISBS AtrrHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF. REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BAN1t RECORDS IHFORJIATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DBCLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; . ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; . ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECOTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; '. I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES, OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSB LAWS E RULES, INCLUDING AMENDMENTS TO THEM; CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND CAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNPERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. (J..AA.~.f"" DATE 't1Il~ (I LOCAL AClQIOWLBDGMBRT 1. THE ITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3 . FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO. ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY . APPROVING OR DENYING THIS APPLICATION. A COPY OF THE LOCAL UNIT OF GOVERNMENT I S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6 . IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHJ:P: BY SIGNATURE BELOW, THE TOWNSHIP ACICNOWLEDGES THAT THE ORGANIZATION PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHJ:P* * ~., ,.,~ ..,'".;;:-t CITY OR COUNTY NAME "I TOWNSHIP NA:ME,..~.' ," "~'-'"". I ,. _ ~'1 ~ {:;c.; ~:;,~Jt~~,:;~!it'~~~c SIGNATURE OF. PERSON RECEIVING APPLICATION .:.'11 , ,,;Lk:.4l-.t::,!.'~JL~.,...\..~ ' ';"';",..;:}, :;t",.~;.t,*_'..jJ.:~l>~t I SIGNATURE OF PERSON }mCEIVING APPLICATION , , , I "t".t:.\\--;d.:~~ \ .'j J.:~J..:','~,<~ i.", ,;\t:~'lJ'.i.;_\; ,~:;_:'i'!~;~.i . -;.:.,. TITLE DATE RECEIVED TITLE DATE RECEIVED REPBR TO THE CHECKLIST POR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITB 300 S ROSBVILLB, MN 55113 Central STAT.B O'.MrNN.BSOTA GAJlBLING CON'l"R.OL BOARD PlUlMIS1!:S P1!:RJlIT .R.lOlBWAL APPLICATION LG214PPR PRINTED:Ol/02!96 '''OR BOARD USB ONLY I I ANI' PAID , ,: I CHECK NO. I : 'DATE"": I LICENSE NUMBER: A-00229-001 EFFECTIVE DATE: 07/01/94 ~ '. - .' ~,"-": "" . -...-~ EXPIRATION DATE:, 06130/96 GAMBLING PRJDaSBS INI'ORJIATJ:Olf ... NAME OF,ORGANIZATION: American Legion Post 259 Shorewood NAME OF ESTABLISHMENT, WHERE GAMBLING WILL, BE Am Legion Post 259 24450 Smithtown Rd;,',;": Shorewood 55331 COUNTY Hennepin IS THE PREMISES LOCATED WITHm THE C:ITYLIMITS?;j..:Y~t.€; t~-';;~*1-~ "-~~~:::~t""fPf~:_~-.-f r"t: ,-' -" - .,.. ',. ..'- -- ,,~,..- .', . ' LBSSOR INI'ORJIA'1':rON DOES YOUR ORGANIZATION OWN THIS SITE?: Yes IF NO, LIST THE LESSOR: . ',,. .('h ...../.. ..-.----;'-..-.--: - ~-~iJ: ':. ,-. r~.:) :: - i.,',/' L~, ,;','" ...:::~"'.;_;;._',1 . ,'-- ',' ~ -~:'..';":.;... - '~~~ NAME OF PROPERTY OWNER (WHEN NOT LESSOR) : ,\ "1" i , l' . .. .-.",.,. ; ;5:;:'1f::.~}--:' } .-~-~}...} '" r O. AMOUNT PAID'. AMOUNT PAID .:;1~)~ . ,...;j.. FOR RENT. Pn'~ MONTH~^:.,O PER OCcASION'~,' \:"J" 0 . - ~', --\. , j', r . t ,~,,~,l. SQUARE FEET PER MONTH: SQUARE FEET PER OCCASION: o BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO mSTRUCTIONS FOR REQUIR.EDATTA~ " ,:;~i'i~'Cf.'& 24450 SmithtownRd Excelsior KN 55331 .,....' ~ ., (BB SORB '1'0 COMPLB'l'B:'l'HB RBVBRSB SIDE 0" THIS APPLICA,!,!~). ;~I-- ~ ,. - : .~_~/', ~'-:-';~.;,~~~~'!~7!L;-t-~ ,-' THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT. (:r. E. LARGE BRAILLE) UPON REQUEST ~_u ..t 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: Mayor and City Council Jim Hurm . FROM: Larry Brown IJ!Y DATE: March 19, 1996 RE: Consideration of a Motion To Purchase One Caterpillar Road Grader Model 140H The City of Shorewood's Capital Improvement Program (CIP) provides for replacement of the road grader this year (refer to attachment 1). The typical service life for this type of machine is 20 years. The existing grader is a 1976 model. The amount budgeted for this item was $153,495. In an effort to keep costs to a minimum, public works staff has increased their efforts in logging repairs to equipment to insure that equipment is not being replaced hastily. Over the last six months the current grader is developing a pattern of increased repairs and down time. . Under new legislation, the State of Minnesota has adopted additions to State Statute 459.51 "Joint Powers of Agreement" which allows a government agency to utilize the bid results from a competitive bidding situation from one agency to purchase the same equipment for other agencies. This is a considerable reduction in paperwork and staff time since specifications and competitive bidding processes have already been completed by the first agency. The City Attorney's Office has reviewed these documents, and concurs that Joint Powers Agreement is appropriate for this specific purpose. Chisago County opened bids February 20, 1996 for a road grader (refer to attachment 2) of the size and type the City of Shorewood desires. The machine awarded in this instance is a Caterpillar grader model 140H. As normally done with bidding of this type of machinery, alternative bids were also taken on a "low hour machine" which is used for 300 hours or less. Both Don Zdrazil and I explored the option of a low hour machine. A Residential Community on Lake Minnetonka's South Shore 3D- ". l~ ,I , Mayor and City Council March 21, 1996 Page 2 of2 As a matter of practice within Minneapolis, low hour machines are leased to the City of Minneapolis and to the Minneapolis Airport. The following year, these machines are sold as "low hour machines.". Graders obtained from the airport are usually in great shape since there are few manholes, obstructions, etc. to avoid while plowing runways. In contrast, the machines from the City of Minneapolis, have structural cracks in the frames from hitting various obstructions. Cracks are welded over and painted. Since all of the machines from the airport were claimed by other bids, the remaining machines available were from the City ofMinneapol.is. The wear and tear listed on these machines appeared more significant than the value of the discount granted by the bidder. Therefore I am recommending that thee new machine be purchased rather than the "low hour machine." To insure that the bid under consideration was not high, staff has considered 14 other bids over the 1995 year for similar machines. Bids for this machine ranged between $ 162,256 to $ 169,812 for the 1995 year. Under the specifications used in the Chisago County bid, with consideration of our trade in (see attachment 3), the following figures apply: In further cost cutting measures, the City will be salvaging the "V plow" from our existing machine. The dealer has agreed to make necessary modifications to the front hitch assembly of the new machine to insure that our existing plow fits the new grader. Based on the attached bid documents from Chisago County and in reference to the Joint Powers Agreement, it is recommended that the 1996 Caterpillar Road Grader Model 140 H be purchased for the sum of $ 135,288.02 with trade in of our current machine. Delivery time is expected within 90 days. .... . . ~ ~ 2 j = N o N a :i ii .. :: ~ lil 2 i i i ~ . g o C Ii! .. ;; ~ .,; ~ ~ - N ;j ~ N f! :i J:: .. l;; ~ :a "l a ~ i!! g ~ ~ i i i ~ ~ 5 .. ! a ~ Ei = ~ ~ ~ i = a ~ ~ ~ : .. . '# ~ f: "' :I: o .. ~ ffi :I "' o :5 ::. '" !i .. ; ~ g, ~ g j ~ ~ s ::; ~ .. N ~ .. .. Pi ii ii g = . N = ~ ;x "l ;;; ~ ~ ~ ~ N " ! 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Q <e :: III ~'~ a ).( .. :< z ~ >< ~k r OIl -; Q ik I.r'I :l ::ii ... ~ ~ 1< ~ ::ii ~ ~'j< - ... .. < ~.... w U ~ .. at ~ ;:Z :II .. ~ x 5k g .. , .... z l . ei CJ z i.. .... z . 0( I"l i< % '" .l. l\:l< ~ s z< ~ 1;< I~ ... ~< ~ .... .. ~k ~ ..... N ) ~ . . u .. ::li '" o ... Vt: L I Q3M 96-0Z-~~W (2) . . rZIEGLER t rEI 901 WEST 94TH STREET MINNEAPOLIS. MN 55420-4299 612/888-4121 800/352-2812 February 26, 1996 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331-0926 Dear Larry Brown: Ziegler Inc. proposes to furnish the City of Shore wood one (1) new or low hour Caterpillar 140H Grader as per Joint Excercise of Power (Minnesota State Statute 471.59) referencing February 1996 bid to Chisago County, Center City, Minnesota. Priced as follows: Chisago County Basic Motor Grader Equipment Specifications Variable horsepower Lights - signal, work lights, headlights plus bar mounted Air conditioning and heater - three defroster fans, 2 front, 1 rear Full height cab Suspension seat Rear wiper Differential lock Air dryer engine compartment doors Coolant heater - H.D. batteries Hydraulic system for plow and wing (no hydraulic rear brace) Blade float 14' blade with side shift and tip 22/65 R25 tires Outside mirrors SMV sign - strobe light - stop light Guaranteed maximum repairs - $5,000.00 (shall not exceed) Heavy duty convertor group 8" x 3/4" cutting edges Radio AM/FM Backup light W 12 wing with standard rear brace Husting hitch (no plow) In cab fire extinguisher Tool kit New Base Price $ 165,388.00 (1996 Price) $ 157,190.00 Rental Return Base Price - Subject to Prior Sale (3 ) . Page 2 City of Shorewood Specs - January 1996 RENTAL NEW RETURN Deduct for 14:00 Tires (12 ply) -9,753.00 -9,753.00 Less Trade in-Cat 120G wi hitch & wing-no plow -28.604.00 -28.604.00 . 127,031.00 118,833.00 Plus Tax 8.257.02 7.724.15 Net Amount (City Pays This Amount) 135,288.02 126,557.15 Guaranteed Repurchase at end of 5 Years/6000 Hours $103,500.00 $101,000.00 Please see attached Chisago County Mechanical Specifications, bid Form and Guaranteed Maximum Repair Cost conditions. Please call if you have any questions. . GCS:sg researcb Quik March 18, 1996 Jim Hurm, City Administrator The City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Jim: . Enclosed is the invoice due April 1, 1996. You will note that I have added in the first payment on the contract extension fee of $2,400. As we discussed, we have already hosted eight meetings of the Task Force. My original contract was to facilitate six to eight meetings for $2,400. Since an additional six meetings already have been scheduled in an effort to allot time for policy making, it appears that the contract will be about double in intensity. Please pay the additional $2,400 in four payments of $600 each due on the first of the month beginning in April and finishing with a payment in July. I understand the budget constraints of the City and have reduced all my fees accordingly, including this contract extension. I hope these terms will be satisfactory to the City Council. Best regards. . nclosure: April 1, 1996 invoice ~3E . m.., - research Quik March 18, 1996 Jim Hurm, City Administrator The City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Invoice Number 1996-0401 -- - For committee support services offered to the Snowmobile Task Force of Shorewood City Council. Fifth payment of 1/6 of project fee of $2,400.00 Third payment of 1/4 of survey project fee of $3,200.00 First payment of 1/4 of project addendum fee of $2,400 Mileage: (6 trips @ 14 miles each @ $.31 per mile) February 22 Meeting February 29 Meeting (city staff) March 6 Meeting March 14 Meeting March 18 Meeting (Survey TF) . . TOTAL DUE THIS INVOICE: . $400.00 $800.00 $600.00 $21.70 $1,821.70 . ============================================================= This payment due date has been negotiated by contract, Payment is respectfully requested on or before April 1, 1996. Thank you for the opportunity to be of service. ,. MAYOR Robert Bean COUNCil Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD c 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 . (612) 474-3236 MEMORANDUM . TO: FROM: DAlE: RE: FILE NO.: Mayor and City Council Brad Nielsen 14 March 1996 Watten Ponds P.U.D. - Petition for Environmental Review 405 (96.02) . As mentioned at the 11 March Council meeting the City has received a petition requesting environmental review of the above-referenced project. In a letter (Exhibit A) from Gregg Downing, dated 5 March 1996, he advises the City that a petition has been received (Exhibit B) and that the E.Q.B has determined that the City shall be the R.G.U.(Responsible Governmental Unit). His letter also outlines steps for evaluating the petition. Exhibit C is an excerpt from the Guide to the Rules of the Minnesota Environmental Review Program, prepared by the E.Q.B, which attempts to shed some light on the petition process. Mr. Downing's letter suggests comparing the proposed project to the list of mandatory E.A.W. categories found in the Environmental Review Program rules. Exhibit D contains the complete list of mandatory categories. Categories closest to the type of project being proposed have been highlighted. Finally, Exhibit E is a generic graphic timeline for the E.A.W. process, if it is determined that one should be prepared. A more specific timeline based on Shorewood meeting schedules will be forwarded prior to your meeting on 25 March. Unless the Council is willing to hold a special meeting, a decision on the need for an E.A.W. must be made on the 25th in order to comply with E.Q.B. rules. For that reason, you are asked to call me with any questions ~or concerns prior to the 25 March meeting. cc: Planning Commission Jim Hurm Tim Keane Larry Brown Chuck Dillerud !p A Residential Community on Lake Minnetonka's South Shore , f' I .. . March 5, 1996. _..~~--::~~--:..~ :~\"\ Ii \G:: r-", \ . ._\', c:: (("" ; ':::: ;! \'il '!:::.lr-,\: ..... .' 'Co ,,," "', L_llJ"1 ;:~:: '.-.., "'-./' . -~.. ~ \ 1;'\ ," " . I " , , -.. q"G.: ' d ; .... \'-' . t) 1...:::0 I 'I t ." 'i" CJl ", II " ~.:~ Ii i ~ l '8'1.---':. _--- ; - --------- . Mr. Brad Nielsen, Planning Director ' City of Shorewood 5755 Country C~ub Road Shorewood, MN 55331 RE: Petition for an Environmental Assessment Worksheet (EAW) for the Wacten Ponds' Subdivision Dear Mr. Nielsen: The Environmental Quality Board (EQB) has received a petition requesting' that an RAW be prepared on the project described in the petition, and has det.ermined, that the City of Shorewood is the appropriate governmental unit ,to decide the need for an EAW. The requirements for environmental: review, including the preparation of an EAW, can be found in the enclosed Minnesota Rules, parts 4410.0200 to 4410.7800. The procedures'to be followed in making the EAW decision are set 'forth in part 4410.1100. Key.points in the procedures include: 1. No final government approvals may be given to the project named in the petitions, nor may construction on the project be started until, the need for an EAW has been determined. Project cons~ruction includes any acti~ities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (ElS) is completed (see part 44~0.3100_) 2. A first step in making the decision regarding the need for an EAW would be',to compare the project to the mandatory EAW,. .ElS . and Exemption.' categories listed' in parts 4410.4300, 4410..4400, and 4410.4600, respectively. If the 'project. should fall under any of these categories, environmental review is automatically required or prohibited. If 'this ~hould be the case, proceed accordingly. 3. If preparation of an EAW is neither mandatory nor exempted, ,the City has the option to prepare an EAW. The standard to be used to decide if an EAW sh6uld be aone is given in part 4410.1100, subp. 6. Note that this requires that arecard of decision including specific findings of fact be maintained. 4. You' are ~llowed 30 working days (Saturdays, Sundays and holidays. do not count) fOr your decision if it will be made by a council, board, or other body whis::h meets only periodically, 'or 15 working days if it: . will be made by a single individual. You may 'request an extra lS days fr9m EQB if theq,ecision' w~ll be made by an individual. - - ..... - . - - - - - - - - - ..... - ... I Exhibit A , ,..ull#'... .fO~ f~mONMf~m JllMIH ~UR3, J5B ~mAa jf~m. )J. ~:'tlL ~H 55155 ]12 29S-2833 f:U 112 298-U98 nm .~., -.......-: . . . March 5, 1996 Page Two 5. You must notify, in writing, the proposer, the petitioners' representative and the SQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, ho.wever. 6. If for any reason you are unable to act on the petitions at this time (e.g., no application has yet been filed or the application has been withdrawn), the petitions will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project" identified in the petition. Notice of the petitions and its assignment to your unit of government will be published in the iQi Mo~itor on March 25, 1996. If you have any questions or need any assistance, please do not hesitate to call at 296-8253. Sincerely, C~f U~-'A'7 Gregg Downing Environmental Review Coordinator cc: Greg Larson February 20, 1996 Greg Larson 25535 Orchard Circle Shorewood, l\tfn 55331 Environmental Quality Board 300 Centemrial Office Building 658 Cedar Street Sl Paul, l\tfn 55155 Enclosed is a petition requesting an environmental review of a subdivision development in the City of Shorewood in Hennepin County. . Even though the project is only 14.7acres, its location within 1,000 feet of Lake NIinnetonka makes it a particularly fragile site. The development site contains several protected wetlands some of which connect directly into Lake l\tlinnetonka. In addition to its proximity to sensitive wetlands the site also contains important upland wildlife habitat The petitioners believe that an environmental review will help to quantifY the environmental impacts and detemrine ways to mitigate the harm. The petitioners have reason to believe that additional protected, but undesignated, wetlands exist on the site. The undesignated wetlands have escaped detection because of the dense forest canopy in the area. . If the issue of undocumented wetlands is cleared-up then it is our view that a project containing fewer housing units would be most appropriate considering the sensitivity of the area. The area is now zoned for lots of 40,000 square feel The developer is asking for rezoning to 20,000 square foot lots. We believe that the the present zoning is the least environmentally hannful and stricks a reasonable balance between development and environmental protection. Gre'giarson Representative of the Petitioners Exhibit B Request for Environmental Review February 22, 1996 Description of pro,posed project Overview . The development, known as Watten Ponds, is a proposed residential subdivision, located in the City of Shorewood, Hennepin County. The property is cU1Tently zoned for 40,000 square foot lots. The developer is requesting rezoning to 20,000 square foot lots. In actuality, some of the resulting lots are under 16,000 square feet. Under the present zoning, 9 UDits would be allowed. Under the proposed zoning change up to 19 would be possible, although 13 are included in the initial design. All the units would be tightly clustered between the protected wetlands and most situated within the Lake :Minnetonka shoreland area. It is the high density character of the project and resulting environmental impacts this is the center of the petitioners concern. More specifically, the site consists of 14.7 acres of which 5.4 are designated wetlands. The wetlands are scattered throughout the property, however, the largest, at the southeast comer of the parce~ is part of a much larger wetland which drains directly into Lake :Minnetonka. This large wetland complex is part of the Lake :Minnetonka basin. The area is hilly with some relatively steep slopes dropping quickly down to the marshes and potholes. . The north half of the proposed development lies within 1,000 feet of the shoreline of Lake :Minnetonka. Because most of the protected wetlands are at the south end of the property the majority of the actual developable land lies within Lake :Minnetonka shoreland. General Site ~ption As mentioned, the 14.7 acre project site includes 5.4 acres of designated wetlands. The uplands are naturally heavily forested except for a one acre lot of tree covered lawn SU1TOunding a single family residence. The general site also includes two abandoned dwellings which have become overgrown with brush and small to medium sized trees. The two abandoned sites together account for less than one acre. The forest consists of high quality maple-basswood, oak and lowland hardwoods. Several small woodland potholes are scattered throughout the forested sections. At least one of these may be mdesignated protected wetland which has escaped detection because of the dense forest canopy. . \. Brief description of the potential environmental effects It is the contention of the petitioners that this proposed subdivision is not compatible with the preservation of the vegetation which is the principal factor in swface water filtration and regulation of flow rates. By removing large portions of the natural vegetation and altering the topography of the site, surface water quality will be compromised. In addition, important wildlife habitat will be ummecessarily destroyed because of the extreme density of the housing units, roadways and utility easements. Material evidence The general environmental degradation of subdivision projects that result from the grading, excavation, filling , tree and ground cover removal and other construction activities will be greatly accentuated at this site because of the concentrated nature of the proposed project The resulting high percentage of impervious surface and other alterations to the topography will increase the rate of stonn water nm-off and reduce its quality. This will be especially damaging not .only to the marsh which sits at the foot of the sub division but also to Lake Minnetonka that is directly connected less than 1,500 feet down-stream. Reduced water quality into Lake Minnetonka would be. of highest concern during periods ofheavy precipitation when the natural cle.:msiJIg functions of the marsh are overwhelmed by inflow. This already happens most years at snow-melt and once or twice during the growing season as a result of unusually heavy rains. It has been noted that surface water can be up to ten times as nutrient-laden as raw sewage. Because construction activities will likely result in the removal of the natural vegetation, future home-owners will be forced to have a large percentage of the lots in fertilized lawn. Stann water runoff will have the potential to carry large quantities of fertilizers, pesticides and herbicides directly into the wetland and into Lake Minnetonka Larger lot sizes would likely leave a higher percentage of natural vegetation decreasing the need for 1arge lawns. The small lot sizes and relatively small yards that will abut the marshland may force the residents of the houses to dump dirt, grass-clippings and other organic debris along the edge of the property. Often-times residents, have a tendency to want to expand their lots into protected areas by chopping and cutting marsh growth and by using chemical sprays in the buffer zones thereby further reducing water quality. A larger number of residents multiples this effect In addition to water quality issues, the dense nature of this project will be very destructive to the maple-basswood and low-land forest. This area is one of the few remaining local forest remnants with near old-growth quality. The dense forest canopy is important habitat for resident and migrating neo-tropical bird species. In :Minnesota, neo-tropical species have experienced a severe population decline in recent years. Many experts have blamed this decline on a loss of habitat resulting from urban development. A less dense development would allow for the maintenance of a greater percentage of forest canopy then under the proposed plan. Large numbers of summer and year arOlmd wildlife use this and adjoining areas. Species which are indicators of high quality deciduous forest that nest on the site include barred owls, broad-winged hawks, scarlet tanager, red-eyed vireos, ovenbirds, wood thrush, pileated woodpeckers, eastern wood-pewee, b1ackbumian warblers. Red-shouldered hawks have been seen of the property. This species is of special concern in iMinnesota because of rapidly decreasing numbers. . Several small forest wetlands are within the site but are not officially protected by city or state regulations. However, one of the larger lowlands of about an acre in size may be eligible for protection status as it is seasonably flooded for up to 2 months during the growing season. The wooded wetlands on this site are habitat for a large number of amphibians including the locally rare spring peeper. Under the present development plan the forest wetlands will be eliminated. Su.mma.ty . The petitioners are not generaDy opposed to this project as long as it can be accomplished in a responsible manner. In fact, most of the environmental concerns would be alleviated if the project was initiated 1JDder the existing zoning regulations, ie. 40,000 square foot lots. Beyond the density issue. any remaining environmental concerns such as tree preservation, and wetland protection could be worked out within the framework of existing city regulations. It is petitioners belief that an enUonmental review would more accurately determine that potential environmental impacts of this project and identify additional methods of mitigation. Re,presentative of the petitioners Greg Larson 25535 Orchard Circle, Shorewood, rvfn 55331 Tel: (612) 474-9268 Developer: Abingdon Development Corp. 4100 Berkshire Lane, Plymouth, rvfn 55446 NOTE: The full address of aU the petitioners is: Shorewood, rvfn 55331 W Y<l:j.e1, We, the undersigned, request that an Environmental Assessment Worksheet ("EA W") be performed for any proposed development and related or phased actions for property located on the West side of Eureka Road between Smithtown Road and BirchbluffRoad. The basis for this request includes, but is not limited to the foUowing: 1. Development of the above-referenced land would likely require significant removal of trees; 2. Development of the above-referenced land would likely result in significant interference and loss of wildlife habitats; 3. Development of the above-referenced land would likely result in significant run-offinto wetlands. ~ Address Phone # ~ 1 .... ... .) ~).;-cp(; E(V'~a. pd Q71./-.238G 4 5 6 d~' '.. It 7 8 Q. ~ 74 "'. . 10 '''''-- i.t,. .c..,. t, ';-: - , -(: ,;: .." (,\,; "" "- l(7{f 5 ~ ;. j. ( , I . ~.. I - ;c. I , "t.~ I i-i / ~ i~ 'i' l..{7l./ -2 Y10 11 12 13 ''- ~ () /Ja '('VI.~ ~ 14 15 16 17 18 [0 W'O) \ a.~.;L\ We, the undersigned, request that an Environmental Assessment Worksheet ("EAW") be performed for any pAitposed development and related or phased actions for property located on the West side of Eureka Road between Smithtown Road and BirchbluffRoad. The basis for this request includes, but is not limited to the following: 1. Development of the above-referenced land would likely require significant removal of trees; 2. Development of the above-referenced land would likely result in significant interference and loss of wildlife habitats; 3. Development of the above-referenced land would likely result in significant run-off into wetlands. ~ Address 1 C<vtJ.R.. 6 025SYj O~~ 02'5~~ (JAt'.J^.a..hd f~~ S3~S tu.re~ f4.. 5 33S"Etlee./!.) 1<1) ;v.;5~'~' c.-,J~( c..:c'v- I ... ~sss ~'7iJn~ :JS55 5 ;)Lj5/~-l /Jr 2.5ltSQ NI/~1:" e P_ 14 2~57J ;;;-Vt,. ;>s IJd~fYl~ Dr. t>A... 15 16 17~~ ~~~ 18 (.~C5'ILR.JJ c- ~ ;/ d.&:::;:~ J.~)qO ~tvL. ~;.p (}/ ~~~, 19 2 $ '5-".:; Phone # "-/1 t/ 'Lt ft,OOJ '-1 ; D - 1 '1'-1'-1 Y70 -7'1 'I y. y. rt -."( (; {;}-. \ \. y 7c(~ cJq (J14 -//-15 9 ~:J&'-~/Y.s- a4,o-~lck '{7'-i -'D17 r !I71{- 037 '} . '-\ 11..{ - 3 II r LfJO (poll ~ ail! If, J,I 7-/f//~1{., 1 '\.. J-Jf -1-'P :; -1/ -tfh -::::;) - J ~-t, (.rl' ? c7 ;~//I Ij -\\-qep ... ;)- tI -1. b '-/I-~/ - :' /4 I. Discretio~ EA Ws and Petitions for EAWs . W hmeYa' a JXOjra !bat m IXI requile a rmniNI .1 EA W <r EJS is suspecred lD have the ~Nl ftr ~li:alll envirow~ eWeas. any unit of govanment wid1 appoval audxlity ovez the po;n may cxdcr j)9 _~riiWI eX a disc~t4l1 EA W in ader t> deleuUDC wbeIher an EJS is needed povided lbat the po;n m IXI tit any EY~ caIepy 19r:dat plI14410.46OO; pojecIs of a naIme m1 ~ bebw me CAeik...... IIP.$hoId ae DOt sOOject ., envUUJllJetJtal review under any ci1cl~ StEb a ~&..a'J EA W may be iniDaraf by acUat rllhe goveDJIJ1enlal unit widJout lhe tiling of a ciDzent peIiIial. In is mast Dequendy iniIiaIe.d by lbe filing of a ciIizI:m' peQtim pmsuant ID put 4410.1100. This cIIipI2' will ~ bodllbe aile whe1e lbe 1eYiew is iniIiaI=d by pedIbl and lbe (3e whe1e the 1eYiew is ioidared by a pa..~ unit. . Petition Process The pulJXlSe of lhe pedIial poc:ess is ID povide a srandard mecbaniml by wbich ciIi2ens can tring lD the attenriQn of lhe government pojecls wbich may have lhe potential fa sigJri~ envUoomeotal etrecls desPJe the met !bat lhe JXOjra does DOl fall into any mandaray EA W or EJS caregay. It is an Mmi~ of the impetfeaioo of lbe mant1IIlr'I'y caregay sysrem: axasiooally d1ere are pro~ of a magnitude below the EA W tbresIQd wbi:b ~ require review because of their kx:aIion <r unusual feamres or projeas of a unique naIUle whi:h were sinqjy never am1empJared when lhe InllfVia~ <:aregair3 were developed. The pocecba fa lhe pebIiat ~ are set b1h at part 4410.1100. The EQB 1m ~ a IJtx:hure <J1 the 1mi:s of lhe emirollakadlal rev:iew ~ which will be sent lD any ~ of lhe public ~ request. that iR:hxIes a seam <J1 pebIiat poc:ess procedures. This guide wiIllXI dupJic:are tIDe pra:edural iJ1slnaDJs. Common Misconceptions About the Petition Process 1. Cid2n groups jh!quendy wish to pedlIon for an FJS. Under the present SIOlUte it is possible only to pdJionjJr an EAW: An FJS can only be ordered by going through the EAW [Jf'OCeSS to gather i1(orrmliaL The EQB SfIJjf treIJJS 0trJ pedlIon asking for an FJS as if it were a pedlIon for an EAlv. 2. PetiIiotrers JIOmIlIimes request thtJt the EQIJ choir assign a pardcuJar govet'1Im1!ItIO unit as the RGU - u.ruoJly bt.cDuse they believe that the nonnal RGU will be biased in favor of the project. The EQB choir is consl1'ained by the RGU se/ectkJn rules in the assignment if an RGU and generally 1m no j1DibiJity in the assignment if an RGU, unless the rules proviIJed that more than one govemmenral unit could se1W as RGU for the parricJIIor type of project. (Note that if an EAW is ordered, the RGU can be chtznged by action if the EQB. as dicussed on page 6.) 3. The jiling of a petition imposes a prohibidon on any jinoJ govet'1Im1!ItIO decision to granl1fl!CesstJry permits undl either the petidon hos been dismissed by the assigned RGU or undl the EAW/ElS process is completed. Proposers affected by petitions sometimes complain abouJ the alleged abuse of .n... 17 Exhibit C . this prOIibilion by ptrJj<<:t opponents wm ftk a pelilion in order fD sroJl approtK1l if tht! projecl ratIter thon bet:ause if flIfY real concern about the environmenl. /1 is tht! policy of the EQIJ SIl(f fD forworrJthe peliIion fD the assigMd RGU as TO{iIJly as possible SO lhot the RGU can fJCl on the peliIion as rapidly as po.mbIe, and dismiss those thol have no merit. A survey if ROOs by EQ,B found drat the average It:ngth if lime for action on a pe1ition was 18 dtlys from jiling. The survey also fOIIRIi lhol about one peliIion in four fD jive resulted in an EAW: 4. Another oommon COI'1f1IiMl about the pelilion process is lhal there is no rdd4ncy requirf!mtml for the petition signm. The EQB staff believes lhot this is nol a /egilimlJle criddsm for several rt!t1SOns. rn, f the environmentDl o/legaliims in tht! pelilion are valid, why should illl'lOire any dijference wIrJ &Tngs them up? Second. in almost every case, the signers of a pelilion are indI!ed area residenu. T1ird. 0Ni most inyxJnanIly for practictJl reasons. if residency requirements lloeTe imposed then MJUld be a sub#ontioi delay in processing the pelilion while the EQB or ROO verified the siglltlllnS. 1988 Cltange in Petition Process One cbaoge wa. made in the peliria1 J1'ClCI9 ~ pan. of the 1988 rule amendmenrs. Fcxmerly, if fer any Rm01 tbe signed RGU could DOt act (II !he peIijon at tbe time it ~ filed (e.g., if 110 prnnit apptadon iBl yet been filed. (J' if !he apr:i)caDCIl ~ widldrawn), the petiDoo ~ pa:ed 00 hold fer an indefini1e perix1 In Due cacJeS, yeas passed beb:e tbe poject ~ pesemed again fer appovaJ. and when it wm. !he peliria1 was ~ tnil the appoval ~ ~ nearly over. To avoid this type eX o:x1fusia1 and pcaible legal pmJems 1hat CXldd result fun it. the rules were amended ro 1hat f1;NI a petition remains valid fer ooly Ole )'t3' fian ils dare rl filing wirh !he EQB. . DiscretioIWy EAWs RegmdIess eX wbeIher a petiDoo . filed, any unit of government that must approve or assist 00 any project 1& tbe ~ to ader }l'eplI3Iial rl an EA W if it demnines that !he project may have 1he porrnIial fer significaJl enviJ:aunmIal efJitas. povided that !he project is not exempt pu1DI1t to pan. 4410.4(iX). The EQB SIaff believes that the dB:reUa1ary EA W is panicuIady 8Wi0l>liale for public pojec1s where 1beIe is Due JaSl'ba'iry d. Titi.~t adverse environmenlal impIcts (J' where d1ere may be a ~ of such. By ~ the buD by tbe tons" aIIllAC}....iug a dmeOOnary EAW, the govemmen1al unit can sysrematicaUy d('1e.1.ldle whalme advase impacIs are SId 00w severe lhey may be as well ~ fmsaIling unexpectfd delays laler in me ~ pa:eas slnJId a citizens petition be filed. A ~y EA W may be used to joindy review independent projecls, neither of which exceeds a maI.dalI ry 1bn9JokI, 1hat may affr.ct !he same geogmpuc area in a:der to assess thcir cumuJative impIas. . A ~ EAW may also be lBd to assess any saage of a JX*'l1lial mulbslage project regardless of wherber any Slage exceeds a maudatDl i tJwesho1d This may be especiaDy W~.iaJe for a first srage that is just under a ID8IIIakJ:y 1lm9x>Jd (J' fir a seam Slage if !he first saage was just under the thresOOId. (Nore. howevel, fer ~ pqeas new ~ wilbin the mandatay caregories call ii:r a different IreaIll1e1lt of SIaged residendat JIQjeas.) ...... 18 :... :l .:; ... ~ ""'''' ....:: ... ~ u ~ ..., It' ;AoJ "'.... ~ ... .. '" .. ... ) U 0 . C. 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'5:.8'~ .......='.,., .1:...0 :a a. .. .o.a. ..:so 0.0. Mol ...c c.... .- M C)'" U .., ... . .....1: .......... .. .., 0" . .........w.c CIoU..:a . .. o a. CIo... .... 0 w >0>00. ..... ., a.0.. a. 0"..... ........, ... w .., . .. II o U 0 .,. C . w >0 . Ill"o. . 0 N ... 0'" N 'tI lIS .. N ..,'" ....c:N.. :a = 0 a. i""t... J:l.N'" :s .... .... UI .,. . CO. ......N""" _Ill ... .I: eo.."'. ....N 111- It> . ctt.....O ... ... QI '"' 0 municipal solid waste or refuse-derive~ ]f1 or more tons per day of input. F:. Construclion or expansion of a IIllxlfd Iaunicipal SOlid waste compost facility or a refuse-derived fuel production facility with a capacity of SO or more tons per day of input. F. Expansion by at least ten percent but less than 25 percent of previous capacity of a .ixed municipal lolid waite disposal facility for 100,000 cubic yards or .ore of waste fill per year. G. For construction or expansion of a mixed lIlunicipal solid waste energy recovery facility ash landfill receiving ash from an incinerator that burns refuse-derived fuel or Mixed municlpai solid waste, the PCA is the RGU. Subp. 18. Sewage syste... Itellls A and B designate the RGU for the type cf project listedl A. For expansion, modification, or replaceMent of.a municipal or dOmestic sewage collection sYlte. resuiting in an Increase in design average dally flow of any part of that system by: fuel, with a capa~of nulllber altS the product of the number of acres mutt ipl led by the .axiaulll number of units per acre allowable under the applicable zoning ordinance. If the total project requir~~ review but future phases are unc.o/rtain. the RGIJ may review the ulti.ate project sequentially in accordance with part 4410.1000. subpart 4. . If a project consists of Mixed unattached and attached units, an EAW lIlust be prepared if the SUIll of the quotient obtained by dividing the nUlllber of unattached unlts by the applicable unattached unit threshold of item A or B, plus'the quotient obtained by dividing the nu.ber of attached units by the applicable attached unit threshold of iteM A or B, equals or exceeds one. Ite.. A and B designate the RGU for the type of project Usted. A. Th local overnlllent construct on of a per..nent or residential aeve{opllent Ofl . (1) 50 or more unattached or 75 or more attached unit. in an unsewered unincorporated area or 100 unattached units or 150 attached units in a sewered unincorporated are^l (2) 100 unattached units or 150 attached units in a city that does not .eet the conditions of subite. (4)1 (3) 100 unattac~ed units or 150 attached units in a city .eeting the conditions of subite. (4) if the project is notfonststent wtth the adopted comprehensive plan I or (4) 2~0 un~ttache~units or 375 attached units in a ci y withIn the seven-county Twin Cities metropolitan area that has adopted a comprehensive plan under Mtnnesota Statutes, section 473.859, or in a ctty not located within the seven-county Twin Cities metropolitan area that has filed with the EQB chatr a certification that it has adopted a co.prehensive plan containing the following elementsl (i) a land use plan designating the existing and proposed locatton, intenSity, and extent of use of iand and water for residential, industrial, agricultural, and other public and private purpose., (it) a transportatton plan describing, de.ignattng, and sChedultng the location, extent, function, and capacity of existing and pro~osed local public and private transportation factlitle. and servicesl ( ilt)a sewage collection syste. pollcy plan describing, dellgnating, and .chedu1'ln9 the areas to be served by the public syste., the existing and planned capacities of the public syste., and the standards and conditions under which the Installation of private sewage treatment syste.s will be permitted, (Iv) a capital J.prove.ents plan for public facUlties, and (v) an imple.entatton plan describing public programs, fiscal device., and other actions to be undertaken to It) 500,000 gallons per day or more in a flr.t or second class city and in any city served by the Metropolitan Waste Control Comatsston System or the Western Lake Superior Sanitary Sewer District Systellll (2) 100,000 gallons per day or IIlOre In a third cLass city not served by the Metropolitan Waste Control Commission System or the Western Lake Superior Sanitary Sewer District Systeml (3) 50,000 gallons per day or more tn a fourth ciass city not served by the Metropolitan Waste Control Commission Systelll or the Western Lake Superior Sanitary Sewer District Systeml or 14) 50.000 gallons per day or more in an unincorporated sewered area, the PCA shall be the RGU. B. For expansion or reconstruction of an existing municipal or domestic wastewater treatment facillty which results in an Increase of SO percent or lIlore of tts average wet ',~ather design flow capacity, or construction of a new muntcipal or domestic wastewater treatment facility with an average wet "l?alher design flow capacity of 50,000 gallons per day or IlOre, lhe PCA shall be the RGU. Subp. 19. Residential developlle~t. An BAN is required for residential development if the total number of units that .ay ultimately be developed on all contiguous land owned or under an option to purchase by the proposer, and that is zoned for residential development or il identified for residential development by an applicable comprehensive plan, equals or e~ceeds a threshold of this subpart. In counting the total number of ultimate units, the RGU .hall include the number of un its in any plans of the proposer; for land for whiCh the proposer has not yet prepared plans, the RGU shall use as the 53 5. Implement the comprehensive plan, and a description of Offi~ controls addressing the .atters of zoning, subdivision, private sewage svstems, and a schedule. for the i.pleme~~'tion of those conleols: The EQB chair may specify lhe form to be' used for making a certification under this subite.. B. For construction of a permanent or potentIally permanent residential development of 20 or more unattached units or of ]0 or more attached units, if the local govern.ental unit has not adopted approved water-related land use .anage.ent district ordinances or plans, as applicable, and 'either, the project involves riparian frontage or five or more acres of the development is within a water-related land use .anagement cistrict, the local govern.ent unit shall be the RGU. However, this Item only applies to shoreland areas, floodplalns, an~ state wild and scenic rivers land use districts if the local governmental unit has received offlcial notice froll the Department of Natural Resources that it must adopt applicable land use management distrlct ordinances within a specified pedod of tille. Subp. 20. RecreatIonal development. For construction of a seasonal or permanent recreational development, acces.ible by vehicle, consisting of 50 or .ore sites, the local govern.ent unit shall be the RGU. Subp. 21. Airport runva, project.. For construction of a runway extension that would upgrade an existing airport runway to permit usage by sircraft over 12,500 pounds that are at l.ast three decibels louder than aircraft currently using the runway, the DOT or local governllent unit shaU be the RGU. .Subp. 22. 8ighway project.. Ite.s A to C desIgnate the RGU for the type of project listed, A. For construction of a road on a new location over one mile In length that will function a. a collector roadway, the DOT or local governllent unlt shall be the RGU. B. For construction of addltlonal travel lanes on an existing road for a length of one Or more lIiles, the DOT or local government unit shall be the RGU. C. For the addltion of one or MOre new lnterchange. to a completed limited access highway, the DOT or local government unit shall be the RGU. Subp. 23. Barge fleetIng. For construction of a new or expansion of an exis~ing barge fleeting facility, ~he DOT or ~r~ authority shall be ~he RGU. Subp. 24. Water approprIation and l.,ound..nts. Ite.. A to C designate the RGU for the type of project lIsted. A. For a new appropriation for cOllllerclal or industrial purpose. of eIther .urface water or ground water averaging 30,000,000 gallons per .onth, or a new approprIatIon of either ground water or surface water for irrigation of 540 acres or more in one contlnuous parcel fro. one sourCe of water, the DNR shall be the RGU. 55 ':1 B. ~ a nev or additional permanent Impoundment of water creating a vater surface of 160 or more acres, the DNR shall be the RGU. C. For construction of a Clast II dam, the DNR shall be the RGU. Subp. 25. Marina.. For construction or cumulative expansion of a .arina or harbor project which results in a total of 20,000 or more square feet of temporary or permanent water surface area used for docks, docking, or maneuvering of watercraft, the local govern.ent unit shall be the RGU. Subp. 26. Stre.. diyerslon. For the diversion or channelization of a natural watercourse wlth a total waterShed of ten at more .quare lIiles or a designated trout stream, unless exempted by part 4410.4600, subpart 14, item E, or 17, 'the local governllent unit shall be the RGU. Subp. 27. Wetland. and protected waters. Items A and B designate the ROO for the type of project listed: A. For project. that will change or diminish the course, current, or cross-section of one acre or more of any protected water or protected wetland except for those to be drained without a permit pursuant to Minnesota Statutes, section 105.391, subdivision 3, the local government unit shall be the RGU. 8. rot projects that will chang. or diminish the course, current, or cross-sectIon of 40 percent or more Or five or more acr.s of types J through 8 wetland of 2.5 acres or more, excludlng protected wetlands, if any part of the wetland is within a shoreland area, delineated flood plain, a state or federally 'designated wild and .cenic rivers district, the Minnesota River Project Rlverbend area, or the Mississippi headwaters area, the local govern.ent unit shall be the ROU. Subp. 28. Agriculture and focestry. Item. A to D desIgnate the RGU for the type of project listed: A. ror harve.tlng of tillber for commercial pur~ses on public lands within a state park, hIstorical area, wilderness area, scIentIfIc and natural area, wild and scenic rivers distrIct, the Mlnne.ota River Project Riverbend area, the Mlssisslppl headwaters area, or critIcal area that does not have an approved plan under Mlnnesota Statute., section 86A.09 or 116G.01, the DNa shall be the RGU. B. ror a clearcutting of 80 or more contiguous acres of forest, any pert of which i. located within a shore land area and within 100 feet'of the ordInary high water mark of the lake or river, the DNR shall be the RGU. C. For projects resultIng in the conversion of 640 or more acres of forest or naturally vegetated land to a differing open space land u.e, the local governllent unit shall be the RGU. D. For projects re.ultlng In the permanent conversion of 80 or more acre. of agricultural, forest, or naturally vegetated land to a more intensive, developed land use, the j\ .~ ';j ~ :11 '~l ,~I ~I[ i. ;,! I . ~ '~ :I' I, , i~ I ~ t ~ l ~ .. ~ 56 i ;)c..1 'lovernment unit shall be the aGU, except that this ite. ,Illes not apply to agrlcultural land inside the boundary of t Hcl eopolltlln Urban Suvice ALita "stablished bi lh. Mehopolita" l'uunci 1. ~u~p. 29. Ani..l feedlots. ror the construction of an .1l1lmal feedlot facility with a capacity of 1,000 anillAl units or h,ore oc the expansion of an sxhtln9 facUlty by 1,000 aniaal ullitS oc BOce or construction of a total confin...nt ani.al t~edlot facility of 2,000 ani..l units or .ore or the expansion (If an ani.al feedlot facUity by 2,000 ani.al unlts or .ore if Lhe expansion is a total confinellent facUity, the PCA shall be -L he RGU. Subp. 30. Natural areas. For projects resultin9 in the pecmanent physical encroachaent on lands within a national park, ~tate park, wilderness area, state lands and waters within the houndarles of the Boundary Waters Canoe Area, scientific and lIatucal area, or state trail corridor when the encroach..nt is i lIeons I stent w lth laws applicabl. to or the _nage.ent plan IU'epaced for the recreational unit, the DNa or local govern_nt ullit shall be the RGU. . Subp. 31. Bistorical placea. For destruction of'a ~lcopecty that 18 listed on the National Register of H18toric l'1 aces, the per.itt ing state agency or local unit of govern.ent shall be the aGu. Subp. 32. Mixed realdentlal and industrial-co.aercial projecU. If a project includes both residential and illdustrlal-co..ercial coaponents, the project aust have an BAW pcepared If the sua of the quoti.nt obtain.d by dividin9 the lIumber of residential units by the applicable r.sidential Lhreshold of subpart 19, plus the quotient obtained by dividin9 IlIe amount of lndustrial-coaaercial gross floor apace by the .Ippl icable industrial-co_ercial thr.shold of subpart 14, .quals "e exceeds one. The local governa.ntal unit is the aGUe Subp. Jl. Coaaunicat1ona tovers. ror construction of a ,-ollllllunlcat ions tower equal to or in excess of 500 fe.t in height, the local govern.ental unit is the aGUe Subp. 34. Sports or entertainaent facilitie.. ror conslcuctlon of a new sports or entertain.ent facUity desi9ned for or expected to accomaodat. a peak attendance of 5,000 or "lore persons, or the expandon of an exlstin9 sports or <!Illettainaent facUity by this allQunt, the local 90vecn.ental milt is the RGU. Subp. 35. Relea.e of genetically en9ineered Or9&fti.... ~"or the release of a genet ically en9ineer.d or9ao18. that requires a release per.it fto. the EQB under chapt.r 4420, the ~:Q" is the RGU. ror aU other rel....s of 9.neticaUy cllljlneered organlaas, the RGU is the p.r.lttin9 Itate agency. This subpart does not apply to the direct .edical application of qenet Ically engineered organlaas to hu.ans or aniaala. SA: MS s 116C.94, 1160.04, 1160.045 BIST: i~1141 13 SR 1~31; 13 SR 20~6; 11 SR i39 4410.4400 MANDATOR! 8IS CATBGORIES. Subpart 1. Threshold test. An EIS must be prepareo Cor projects that .eet or exceed the threshoid of any of subparts 2 to 24. Multipl. projects and multiple stages of a single project that ar. connected actions or phased actions must be consid.red in total when co.paring the project or projects to the thresholds of this part. Subp. 2. Nuclear fuel. and nuclear wa.te. Items A to 0 desi9nat. the aGU for the type of project listed: A. ror the construction or expansion of a nuclear fu.l or nuci.ar waste processing facility, includin9 fuel fabrication facilities, reproce..ing plants, and uranium .1115, the DNR shall be the RGU for uranium .ills; otherwise, the PCA shall be the RGU. B. ror construction of a hi9h level nuclear wa$te disposal sit., the BOB shall be the RGU. C. ror conatruction of an away-fro.-reactor facility for temporary storage of spent nuclear fuel, the EQB shall be the RGU. D. ror construction of a low level nuclear wast. dlaposal site, the MOB shall be the aGO. Subp.). Blectric generating facilltie.. For construction of a large .l.ctric power generating plant pursuant to part 4410.7000, the BOB shall be th. RGU. Subp. 4. .etroleua refineries. For construction of a new petroleum refln.ry facility, the PeA shail be the RGU. Subp. 5. ruel cODyeraion facilities. Ite.s A and B desi9nate the aGU for the type of project listed: A. for construction of a facility for the conversion of co~l, peat, or bio.asa sources to gaseou~, liquid, or solid fuels if that facility haa the capacity to utilize 250,000 dry tona or .ore per year of input, the PCA shall be the RGU. B. ror construction or expansion of a facility for the production of alcohol fuels which would have or would increase its capacity by 50,000,000 or .ore gallons per year of alcohol produced, the PCA shall be the RGU. Subp. 6. Traosai.eion lines. For construction of a high voltage trans.isslon line pursuant to part 4410.1400, the SOB shall be the aGU. Subp. 7. Und.rground storage. Ite.s A and B designate the aGU for the type of proj.ct list.d: A. ror construction of an underground storage facility for gas.s or liquids that requires a perait pursuant to Minnesota Statutes, s.ctlon 84.51, the DNR shall be the RGU. B. lor construction of an und.rground storAge facility for 9as.s or liquids, usin9 naturally occurring rock .aterials, that requires A perait pursuant to Minnesota Statut.s, .ection 84.621, the DNR shall be the aGUe 51 58 EAWProcess ROO defermines BAWis IKlCCSSlIrY varies - a., '-..... ...Ih& lIlIY- _. pDad t:l.. ROO JRPRS F/:J.W Q..UIJUl"'I SUAiies 00<<;SSfIj'i daIa) ROO ~ BAW for disttibuIia1 1 lD 5 waXing days ROO sends BAW lD di..a3.lIioo list 1 lD 5 waXing days ROO i&u:s pess reka1e . . . 7 lD 21 calendar days Nocice ptb1ished in g MaJiD' 71021 days_~eXBAW 30 calendar days 30 day canmea peDxI =~~~ . 30 day eomrned peIicd ems . . 3 waking days lD 30 days* ROU decides if poject needs EJS and IeSpCI1ds 10 COIillneolS ROO distJibla ~ eX decisim 1 to 5 waking days ...... 14 . I 7 to 21 calendar days . I ~~in~=-", ~LL _wry~CJlRGU Exhibit E . . MAYOR Robert Bean COUNCIL Kris1i Stover BNce Benson J.,nter McCarty Doug Malam CITY OF SHOREWOOD 5155 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8921 · (612) 474-3236 MEMORANDUM TO: FROM: DA1E: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 27 February 1996 Watten Ponds - Rezoning and P.U.D.lC.U.P. 405 (96.02) BACKGROUND Mr. Charles Dillerud, representing the Dahlstrom Abingdon Limited Partnership, has submitted plans for the development of approximately 14.7 acres of land located on the west side of Eureka Road, north of Valleywood Lane (see Site Location map - Exhibit A, attaChed). As explained in Mr. Dillerud's letter (Exhibit B), dated 6 February 1996, Dahlstrom Abingdon proposes to subdivide the property into 12 single-family residential lots, one of which will contain the existing Watten residence. The property is currently zoned R-1A, Single-Family Residential. The applicant has requested a rezoning to R-1C, and a conditional use. permit for a planned unit development. The site consists of three parcels of land totaling 14.7 acres, of which 4.9 acres are City- designated wetlands. Several buildings currently occupy the site, including a dilapidated house on the northerly parcel and an old cottage on the southerly parcel. There are also a number of outbuildings associated with each of the principal buildings. All existing structures except the Watten residence and detached garage will be removed from the site., In addition to several wetlands on and around the subject property, the site is characterized by fairly dramatic changes in topography (30 feet between highest point and lowest) and significant mature tree cover. Land use surrounding the property is primarily single-family residential. Two large undeveloped parcels are located to the west of the upper one-third of the site, and a large undeveloped tract consisting mostly of wetland is located to the east of the lower two-thirdS of the property. With the exception of a nonconforming R -1A lot immediately to the north of the site; zoning surrounding the property is R-IC,Single-Family Residential to the north, east and south. The area to the west is zoned R-1A. Approximately 250 feet on the north end of the site is also subject to Shoreland "s" District zoning requirements. A Residential Community on Lake Minnetonka's South Shore Re: Watten Ponds Rezoning and P.U.D.lC.U.P. 27 February 1996 The applicant's plans are set forth in several attached exhibits (C - 1). The proposed development concept is shown on Exhibit E. ISSUES AND ANALYSIS . Based upon review of City ordinances, the Shorewood Comprehensive Plan, inspection of the property and neighborhood input, the following issues should be taken into consideration in the evaluation of the proposed development: A. Land Use/Zoning. 1. Comprehensive Plan. In 1995, after over two years of study, Shorewood adopted an update to its original Comprehensive Plan which was previously adopted in 1981. The Land Use chapter of the Comprehensive Plan contains a proposed Land Use map which serves as a guide for how land in Shorewood should be developed in the future. The 1981 Comp Plan identified the subject property as being suitable for low' density residential (1-2 units per acre). It should be noted that Shorewood historically has expressed density in units per 40,000 square feet. The 1995 Comp Plan Update reiterated the 1-2 unit density. In addition it identified the property for rezoning to R -1 C. The applicant's request has occurred before the City has taken action on the rezoning. The twelve lots proposed by the applicant result in a density of 1.3 units per 40,000 square feet, exclusive of City-designated wetlands and street right-of-way. Note: Due to inquiries by neighboring residents and members of the Planning Commission, additional background on the Comprehensive Plan land use designation will be provided (as best as possible after 15 years) under separate cover. 2. Zoning. Section 1201.04 Subd. 1.d.(l) of the Shorewood Zoning Code se.ts forth criteria for the evaluation of rezoning requests. The applicant addresses these criteria on page 3 of his request letter (Exhibit B). In addition to the zoning district amendment from R-IA to R-IC, the developer has applied for planned unit development by conditional use permit. This approach is proposed in order to allow some flexibility in lot size, setbacks, and in the case of Lot 6, Block 2 -lot width. Whereas R-IC zoning would require all lots to be a minimum of 20,000 square feet in area, 100 feet wide with front yard setbacks of 35 feet, the applicant proposes the following: . Minimum lot area - Maximum lot area - Average lot area - Front setback - 15,181 sq. ft. 144,416 sq. ft. 31,025 sq. ft. 30 feet Lot 6, Block 2 is 100 feet wide where the proposed building pad will be located, but is only 20 feet wide at the street. Lot sizes for specific lots are shown on Exhibit F. 2 Re: Watten Ponds Rezoning and P.U.DJC.U.P. 27 February 1996 . According to the developer the flexibility is requested to allow the road to be shorter, resulting in less site alteration than would otherwise be necessary. An alternative plan showing standard 20,000 square foot lots with a longer road is shown on Exhibit J. Planned unit development minimi7.es development on the southern half of the site while clustering most of the lots on the northern half of the property. While the proposed development concept appears to be consistent with the Comprehensive Plan, there is some concern about the minimum lot sizes being proposed. . These concerns will be explained later in this report. B . Access/Circulation. The applicant proposes to access the development with a cul.-de-sac street approximately 620 feet long. The proposed routing of the street is based upon alignment with the existing Orchard Circle on the east side of Eureka Road and minimal site disruption on the south end of the site. Several factors dictate the location of the street entrance as shown on the proposed plat. Access to the property is limited to the northerly half of the frontage on Eureka Road due to the existence of wetlands on the southern portion of the site along Eureka Road and Valleywood Lane. Safe street design requires the alignment of cross streets or enough offset between cross streets to avoid traffic conflicts. Shorewood's Subdivision Ordinance requires this offset to be 120 feet Moving the road to the south would place it directly across from a home on the east side of Eureka Road and into an area where considerable site alteration would be necessary. Too far to the south and it begins to interfere with the ponding and wetlands located on the east side of the property. Regardless of where it is located, construction of the street will result in some grading and loss of vegetation. In this regard the developer proposes to cluster most of the homes on the northerly half of the site, thereby reducing the length of the street by 340 feet. The two southerly lots would share a common driveway to the cul-de-sac, resulting in considerably less grading and tree removal than extension of the street. It should be noted that the street has been extended to the west boundary of the property so as to provide access to the vacant land to the west. This is required by the Shorewood Subdivision Code. Similarly, sanitary sewer service must be stubbed out to the property line. . The proposed street name is anticipated to create confusion with the cul-de-sac street on the east side of Eureka Road. Consideration should be given to a different name (e.g. Orchard Court). C. Natural Environment. 1 . Wetlands. As mentioned earlier in this report, several wetlands on or around the property impact the proposed development. City designated wetlands have been regulated since the early 70' s and are not allowed to be counted as part of the developable area of the project. For the past three years the City has also enforced the requirements of the Wetland Conservation Act of 1991. The Comprehensive Plan 3 Re: Watten Ponds Rezoning and P.U.D.lC.U.P. 27 February 1996 . recommends outright dedication of the City designated wetlands, which are shown as Outlots A-D on the plat. In addition, the City requires easements over the WCA wetlands where they differ from the City's maps. Finally, last year the City adopted setback requirements from both classes of wetland which establishes a building setback and provisions for maintaining a natural buffer adjacent to wetlands. WCA wetlands have been delineated on the property by the applicant's engineering consultant. A copy of the wetland delineation report, dated 16 January 1996, is forwarded with this report for your review. Two issues relative to WCA wetlands must be addressed. First, the Minnehaha Creek Watershed District is the regulatory agency regarding WCA wetlands. The MCWD requires wetland delineations to be done between May and October. Consequently, any approvals given must be contingent upon confirmation of wetland delineation after the first of May. Secondly, at a recent neighborhood meeting regarding the Eureka Road Improvement Project, a resident suggested that the low area to the northwest of the Watten residence is also a wetland. Although the applicant's engineer addresses this on page 3 of his report, this is an area which should be reexamined with the wetland confirmation report mentioned above. If this area turns out to be wetland, it has a significant effect on the plat. The applicant's plat takes the City's new wetland setbacks into account. Proposed building pads (see Exhibit E) respect the 50-foot wetland setback. It is recommended that wherever feasible, the wetland setback be increased in exchange for the reduced front yard setback requested by the applicant. . 2 . Vegetation. The applicant's Tree Preservation Plan (Exhibit 1) contains an inventory of trees over eight inches DBA (diameter at breast height) and illustrates where trees will be lost due to construction of homes and driveways. According to this plan, just over two-thirds of the 453 significant trees on the site will be saved. It should. be noted that the shaded areas on the plan do not include trees lost to road and utility construction. Further, the proposed building pads shown on Exhibits I, E and G appear unrealistically small, measuring 55' x 55'. If the homes in this project are to be similar to the applicant's Heritage project the smallest building footprintis 55' x 75', not including any yard areas. With the exception of the proposed road, the NURP pond and Lots 2 and 3, Block 1, the applicant proposes custom grading of the site (see Exhibit G). This is viewed as a positive approach to preserving as much of the character of the site as possible. In this regard the applicant should explain the need for tree removal along the east side of Lot 1, Block 1. . It is recommended that the tree preservation plan be revised to more accllrately show which trees will be lost and which will be saved. The plan should attempt to avoid some of the large evergreen trees located to the south of the proposed road and should include details as to how trees marked for preservation will be protected. The plan should also indicate where replacement trees will be located. 4 Re: Watten Ponds Rezoning and P.U.D.lC.U.P. 27 February 1996 . D. Conupunity Facilities. 1. Sanitary Sewer. The applicant proposes to extend sewer for this project southward to Valleywood Lane. . The City Engineer has been asked to explore the possibility of extending the sewer to Eureka Road instead, using the old driveway area which served the cottage on the southerly parcel, the thought being that this area of wetland has already been disturbed. At second glance, however, the applicant's proposal needs only to cross 90 feet of wetland to get to Valleywood Lane. Judging by existing large trees in this southerly WCA wetland area, the ground may be more suitable in the proposed location. The City Engineer should recommend measures for keeping the alteration necessary for utility construction to a minimum. . 2 . Water. The City proposes to extend City water along Eureka Road in 1996. The lots in the proposed plat will be subject to the current water trunk charge as well as water assessments. In .additionthe developer is responsible for constructing internal water lines within his project. 3 . Drainage. It appears that the majority of stormwater runoff will be conducted to the street, picked up by storm sewer and directed to a retention pond at the rear of Lots 1- 3, Block 2. This pond must be sized to accommodate the runoff from the development. Based upon Shorewood's Comprehensive Plan the pond must also be designed to National Urban Runoff Program (NURP) standards to improve the quality of the water before it enters the wetlands to the south. 4. Park Dedication. The Shorewood Parks Plan does not include any land acquisition in the area in which the project is located. Consequently, the plat will be subject to park dedication fees of $1000 per lot, with credit being given for the lot with the existing home on it. E. General ~siin Considerations. 1 . Lot Sizes. Most of the lots in the proposed plat reflect the standards of the R-l C zoning district. Lots 1 and 2, Block 1, however; while meeting somewhat more than the 70 percent threshold which has been considered in the past, raise some concern~ Although not stated in the applicant's request letter, it is anticipated that homes built in this project will be of the size and character of the Heritage project. If this is true, the proposed building pads shown on the applicant's plans, as mentioned earlier, are unrealistically small. This concern is compounded by the fact that Lots .14 are subject to Shoreland District lot coverage limitations of 25%. 2. Road Alignment. As discussed in Section B of this report the alignment of the road is generally where.it has to be. The developer and the City Engineer should be directed to explore measures of reducing tree loss on the south side of the road, such as; grade requirements, retaining walls, shifting the alignment of the paved surface, shared driveways, etc. 5 Re: Watten Ponds Rezoning and P.U.D.lC.U.P. 27 February 1996 3 . Setbacks. This office agrees with reducing the front yard setback within the projec4 in exchange for increased wetland and rear yard setbacks, and provided it demonstrates enhanced tree preservation. It should be noted tha4 due to the orientation of Lot I, Block 1, setbacks for that lot are different than what is shown by the applicant. Exhibit E shows the proper setbacks based upon the narrowest frontage of the lot being the Eureka Road side. " RECOMMENDATION . The property in question is deserving of special attention. Planned unit development of this site is viewed as the best way to preserve as much of the natural character of the land as possible. In exchange for the flexibility requested by the developer, the City should demand greater control over tree preservation and wetland protection. It is important that the City have a clearer understanding of what will happen to the site. At the same time the developer must have a clear understanding of what his limitation will be. Unless the developer is suggesting homes of the scale suggested in his plans, it is recommended that the concept, grading and tree preservation plans be revised to reflect what will actually be built. . To further everyone's understanding of the project, it is recommended that the developer demonstrate how homes would be constructed on Lots 1 and 2, Block 1, and Lot 3, Block 2. Detailed plans showing grading, tree preservation, construction limits, maximum driveway grades of eight percent and maximum slopes of 3: 1 should be required for review. Serious consideration should be given to eliminating one of the lots in Block 1. ce: Jim Hurm Larry Brown Tim Keane Chuck Dillerud Vern Watten 6 ZONING DISTRICTS RESIDENTIAL DISTRICTS R.1A R.1B R.1C R.1D R.2A R.2B R.2C R.3A R.3B R'C LAKE MINNETONKA GO (/JPF€R LANE) COMMERCIAL DISTRICTS Single' Family 140,000 sq. ft.! Single. Family 130,000 sq. ft.' Single.Family 120,000 sq. ft.' Single. Family 110,000 sq. ft.1 Single and Two. Family Single and Two. Family Single and Two. Family Multiple.Family Multiple .Family Residential' Commercia I C.1 C.2 C'3 C.4 Neighborhood Convenience Auto. Oriented General Service $h fffiR I 400' 0 400' 1000' l:: 2000' PREPAREO 8Y: FE8RU" Exhibit A SITE LOCATION AND ZONING Abingdon Development Corporation Brad Nielsen City Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 February 6, 1996 ~ ...; \ , ~ " Dear Mr. Nielsen: Subject: Application for Planned Unit Development District (PUD), PUD Concept Plan, and PUD Development Stage "Watten Ponds" . The Dahlstrom Abingdon, LLP hereby makes application for land development City approvals as captioned. The Applicant is a Limited Partnership made up of Abingdon Development Corporation and Dahlstrom Companies. Abingdon is the development division of Tony Eiden Company. Abingdon is developing two other residential subdivisions in Shorewood: "Heritage" and "Smithtown Meadows". In addition to Shorewood neighborhoods, Abingdon has developed several residential properties in Plymouth. The Tony Eiden Company has constructed 20 homes in the Boulder Ridge neighborhood, and has several homes under construction in the Heritage neighborhood at the present time. . Dahlstrom Companies is a custom home builder that has for several years concentrated its activity in the Maple Grove/Plymouth area. Dahlstrom has developed residential property in Maple Grove and is a partner with the Tony Eiden Company in the nearly completed ''Plymouth Oaks" neighborhood in Plymouth. Dahlstrom builds homes similar in design and size to those of the Tony Eiden Company. Planned Unit Development District Conceot Statement Our applications are for the appropriate zoning and platting of 3 parcels of land totaling nearly 15 acres for the creation of 11 new single family detached building lots and 1 lot for the existing Watten homestead. In addition to the 2 parcels owned by Vem and Jacqueline Watten, the plat will include the former Lavan homestead, now owned by the Partnership. Our discussions with the Wattens concerning this development have extended over the past 2 years, during which time numerous sketch designs have been formulated and discussed with the Wattens and various regulatory agencies. The need to carefully balance the natural beauty and integrity of the site with City infrastructure specifications and the 4100 Berkshire Lane - Plymouth, MN 55446 (612) 550- Exhibit B APPLICANT'S REQUEST LETTER Dated 6 February 1996 business realities of project pro forma has proven challenging and time consuming. During this 2 year period local policy and legislation has been amended regarding forestation, wetlands and public water. Each policy amendment has impacted either design or financial aspects of the project (or both), resulting in a need to rethink how to best develop the site. While not a design issue, the decision by the City to move forward with the installation of public water in this portion of Shorewood certainly has had a financial impact on the project pro forma. While we have in the past - and continue to - endorse that decision as responsible public policy, our project costs have, as a result, catapulted from $3,500 per lot for a private well to over $12,500 per unit for Shorewood Trunk Assessments ($10,000 per unit) and installation of water laterals to each lot. We, never- the-less, continue to see public water as a wise investment for the City of Shorewood. We would, however, have no problems developing our project with private wells were that the policy of the City. . The Shorewood Land Use Plan was reviewed by the Planning Commission and City Council, as mandated by State Law, during 1994 and 1995, and adopted the Plan in 1995. The Plan designates this site, as well as all Shorewood neighborhoods East and South of this site "Low Density Residential" (1-2 units per acre). The Land Use Plan has maintained this density designation since the early 1980's. This results in a development potential for this site in compliance with the Land Use Plan of 15-30 units based on gross site area (14.7 acres). . The Shorewood Zoning Ordinance does not permit the use of gross site area in determining lot sizes (net of Shore wood Wetlands). Further, the Zoning Ordinance was amended in August., 1995 to incorporate wetlands buffer and setback provisions. This site contains several wetland areas, and therefore the design of the site is significantly impacted by wetland related Zoning Ordinance standards. Therefore, while the Land Use Plan may suggest that 15 to 30 lots are permissible here, only 12 (11 new) will actually fit the site when the other standards are applied as well. AU of our earlier design sketches for this site were for lot counts greater in number than what we are now proposing. The Applicant has decided to submit this plat as a PUD rather than a conventional plat. We have prepared a conventional RI-B (the proper zoning for the site for consistency with the Land Use Plan) plat for the site. We will share that design during the public hearing on these applications. The conventional plat yields the same lot count as this PUD plat and would meet all Shorewood Zoning Ordinance standards for lot area and set backs. We believe, however, that the conventional plat would do an injustice to the site, and we therefore propose a PUD Plat for the following reasons: 1. Our PUD proposes a 30 foot front set back versus the 35 foot required by the conventional plat. This is proposed for 2 reasons. First, all but 4 lots back on to wetlands. When otherwise possible additional set back from those wetlands is desirable. Second, this site is heavily forested with mature trees. Retaining those trees in a rear yard is much more probable than in a front yard. (due to utility line and driveway requirements) With over 1400 feet of wetland frontage involved trading 5 feet in the front for 5 feet in the rear will make it possible to save a significant number of additional trees. 2. Our PUD proposes a lot size average (Net of Wetlands and Public Streets) of 31,025 square feet, or 55% greater than 20,000 square foot average required for a PUD in this Land Use classification. Four of the 12 lots. however, will be under 20,000 square feet of net area. (15,181sf, 15,301sf, 18,202st; and, 19,151st: respectively) The bulk of this sizing in due to a design decision to orient the street a few feet further north than it could be. This allows a square intersection with existing Orchard Circle at Eureka Road, and in this manner we both save more of the mature pine trees on the former line between the Lavan and Watten parcels and provide the full 30 foot set back to the road from the existing Watten garage. It also moves the new homes on the south side of the street even further back from the wetland. . No other PUD design flexibility is proposed for the plat. Rezonin2 - RI-A to PUD Pursuant to the required findings of Section 1201.04, Subd. Id. (1) of the Shorewood Zoning Ordinance we submit as fonows: 1. The proposed action is consistent with the specific policies and provisions of the Comprehensive Plan. Residential density is within the prescribed range for "Low Density Residential", public water service is proposed; wetlands are preserved (zero encroachment) and existing trees are proactively proposed to be preserved. . 2. The proposed use will be compatible with present and future land uses in the area. All surrounding land use is single family residential, as proposed at similar or higher net densities. 3. The proposed use will not tend to or actually depreciate the area (neighborhood) in which it is proposed. 4. The proposed use will not overburden the City's service capacity. Sincerely yours, Dahlstrom Abingdon, LLP ern Director of Land Development j:l.. ~ .. ~ ( ~ .. I O<~ ~ " b. , , ( I,J I !> n- (L -hJ fl " t..:.J ~~,~ 1 , J . " " >< W CJ Z H " U) 0 a.. :z 0: 0 ~ 0_ % Z W 0 l- t- H tt: t- :3: a: U 0 -1 u -'" ,,; .. :; ~ i:i " 0 " , .. ~ .. I~~' -t .. 0 0 a: " " c: ... ~ }{. IL .. Q ~~~ E < 0 u 11 u u :,~ " ~. ~~ " :, : , ~ ~ . . , ~. L - " , : " ~ ~ " ;' ,,:- I'; 1 : ., " ~ , " , . " ">, " " I I I I I I I u ....; ~ U :i !), ~ j gu;j: "'0 ~ 1'. ~.-, In ~:~~ . 12?' ~'U,S ~!Xl a ~3 ~, o .J- 0:; .tf ~ ;:::! 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Lor :ES1,", NUlIKR or L~TS N[.tlIUIl LOI AREA ~['[!lUII Lor .laTH ~1"I_ LOI :EPTH piC 642. 000 SF or to. 7 ACIlES I~ ao.ClIO i.; (1lET "lEAl 100 r;:ET (AT SETIlflCK l[ll() 125 ruT J5 rEET so ruT 10 HEr 4Q rEET ", ". ~.~. .. 4. SETBACKS: r~ PU81.IC STREET 'llON OI(TlA~ rAO" iIDEYIIRD 1'110II RE..-rARO - '" S, E/lSE!'E!IIS SHAl.L iIE PROVIDED AS REQUIRED IS<< LOI DETA[J.). S. IIU. ::llEHSIOIIS olliE ilOUllll(D 10 Tltf: llEllREiT rOOT RNO AU. All(lIS "IE RllUHlIED 10 THE llEAIl(ST 100 SlIlJAIl[ rEn.. 7. STJEV -':S lIRE SUBJECT TO c:n _O'llll. 8 1UlIISt:CTt_ o(T\.RNOS HERE rttLD DEl.:H€ATEO 9[ ",/IA . ON !2'<-5'9S. ilErER TO "P1lELI'!IiIIRY II[TUIIlO DEU/lElITIDH REPORT" OATED JAIiUAlIY 16. 1996. 9 OUT\.~TS A ! 'L D TO 9E !lED:OITtD TO CITY or SllOREWCCD. . THEU :uTtOrS :!tCLUlIE THE AtlEPS ilESIC/filIED ON SHOREllOOIJ'S WET\. OlIO COIISEllIiATIOH AR€A IWS. TYPICAL LOT J. _ f ..::Y~'. :"":..' : ".J.~>--'O "f.AA '!l!lO sn"" I' 4~.. ~. .._ . ......: i...>-- i);PINA" ,05E"E>;' ",P. '-::_:'j :,~~;":.:,, I ~.'1 ~ "- :: FP.O!'i~ '~~G :::-:~',Io: i .1.. ~/ -------- ; .:l:: :~:i:F PO':.:;:.T' :;:;~ilrFrr.)H ?AA(::. ~ :~~;~;~;~ ~~' ;; I~~k tI~; ..;'!:7S,::=~~~~~ i~L1~5~c~~:~w;:.;r;~;~ ti ~~asur~: ~i/)I'\'l tn~ ,,,':t ."(1 .."c.: I:", tftlf'~f. 11'0 '~..-.~ ..ourI': .' ~ (:.:otJe~Cf" .t;~ "!;$ f;J' i-'WS; O~I"'!'t\~,:I:) ;,;,.,."t :rt :ne ~t$'C ; lr.~ 0; 8iaCk of. I .1l~Ul'!te 13t' .:59..... Tee~ ~rtn itoe :".lJ' ;Gu:~.,.:;:t C~)f'''''r <;)It ':1'3910.;- <4, ~hentl ..eit ......0 ~nt al"tlie<l GI,t'" t"! lC:.Ith '!toe.,f ilxM ~:...1:r:ltf'Io;t :I)Ucn:.;..t:t11 ~ t~ " (1::I"~ ~n t..,! Je:,,: I ;"'~ 0" ,tee:.. t. :I~!t.t"':! .;. ..li'& !'l!et "'"r~'" fr-:" tt'le- 't:~~""'$t CO"~ . "t"!'l'':'';; . '1"'1 '''''!'re !e~~':"l't',.'l. ~..!~ .;'1: :~~'r. :O'i.Ol! ;";"t"f tne ;::...atft :S4.J~S7 '''''t'' It 91-..t,,:. ~'"tl$ ':=a: t:c" tIJ i,,.::."! Sluf'. ...If/t.. "~ttltfthl"".' ':! ".~:IJ#" ~;';:"J ~"'Il' 'T'Ht oI,\d ..."'; IIM'i~ ~~'eot', ......~In tv,"",.., 11 mtP..., ':.1 , ilL~~ .~_,., :_'" ..,"C:" =.~ fli!''t' 0); aJG~'" ';.~<ln": ...."1.;" .tJ i,..:~ ;I.:..;--....~;;io.; ..;"~'t:Qri.t. 1: :'ll!U'JIM ~1"':"'J fh, eu: 1("~ .e~: ';"'~": .......~t:~, ':<'Wlnp,,:" C.,IU'l't'f, '!lnnll"~~t.1, :It":... .;,tt ~~,.....H'!.~ ~J.rt~r:t ~~e ':;t:~..),:" :...~t;.. ~t .....,~.. \!",.t~U':,~ ,)I,.,ttr (I' ~.Ct:3" ;.;...v..n~~~a .1.. ~ r..J, ;~:~~; ::!~ '~:i::~~~:~;"::~~~:: :~;g~;:~!~~~::.j :!~<;~:~!;; I h------ I %-: NORTH i :: I J iil ... ,. Exhibit J ALTERNATIVE DESIGN I'I..COlllJS FR_ ~ !lSSOCIATES. INC. ,........-- -...-.~, -'~~ ---~ . i -€QT .;.,RT:ry'.., '''is 1'l'M .., ~G i' "(:a uaGEJ .t :;:J(C':' ~:JP(AY:S:CH ~ ':-Al ~ .~ tl ::....' ;J{'::S:~O'lP'Y!~'51etfAl ~')Wf"'IE'!Jt,~1i ':'~:..1i"t :; .~ :~~~ .J''; ..r .&..';'; " .. ~ *' McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth. Minnesota 55447-4739 Teiephone 612/476-60IJ 612i476-8532 c:p.,x Engineers Planners Sur/eyors January 16, 1996 Mr. Brad Nielson, City Planner City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331-8927 SUBJECT: Tony Eiden Company Preliminary Wetland Delineation Report Eureka Road Shorewood, Minnesota MFRA#10985 . Dear Mr. Nielson: . McCombs Frank Roos Associates, Inc. (MFRA) has prepared this preliminary wetland report to assist Tony Eiden Company in developing site plans, and wetland permitting documentation in order to comply with the Minnesota Wetland Conservation Act 0NCA) of 1991 and the Clean Water Act Section 404. This report is primarily based on winter observation and subject to spring verification because the Minnehaha Creek Watershed District does not generally except wetland delineations conducted after October 15th. MFRA commenced a field wetland delineation on the site on December 4 and 5, 1995. The site is approximately 14.6 acres in NEl/4 NEl/4, NEI/4 Sec 32 and SEl/4, SEl/4, SEl/4 Sec 29 Tll7N R23W, Mississippi River (Metro #20) Watershed, Hennepin County, City of Shorewood, Minnehaha Creek Watershed District. Three (3) jurisdictional wetlands were identified on the site. The proposed residential development project does not involve draining or filling of the wetlands, therefore, a Certificate of No-Loss will be requested from the Watershed District to document compliance with the WCA. Methodolo1!V As part of our wetland delineation, MFRA reviewed the available background wetland information on the site. This information included: . City of Shorewood Wetland Map; . National Wetland Inventory Map (NWI); . Minnesota Department of Natural Resources Protected Waters Map; . Hennepin County Soil Survey; . U.S.G.S. 7.5 min Quadrangle Map; and . Site maps An Equal Opportunity Employer Mr. Brad Nielson January 16, 1996 Page 2 During the site visits, potential wetlands were identified and delineated using the principles of the Federal Manual for Identifying 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 79/31; Cowardin et. al1979) and Wetlands of the United States (USFWS Circulation 39; Shaw and Fredin 1971). Wood lath and pink flagging was used to identify the boundary between jurisdictional wetlands and the adjacent uplands. The location of the wetland boundary has been surveyed by MFRA and the boundary was incorporated into the site plans. Due to winter conditions observations of the plant communities were limited to the tall, persistent species, and snow cover may have obscured subtle changes in topography. The south and east edges of Wetland 2 were not delineated because no development was anticipated in this area, so the actual size of the wetland would be smaller than reported . here due to existing encroachment by Eureka Road and Valleywood Lane. Wetland Characteristics 'Vetland 1 (Wl) is a 0.27 acre basin which has been separated from the north end of Wetland 2 by an old abandoned driveway. Based on field observations, the wetland was classified as a Palustrine EmergentlBroadleafForested, Saturated (pEM/F01B - Type 2) basin. The dominant vegetation was reed canary grass, cattails, blue flag iris, purple loostrife, buckthorn, willow sp., and box elder. Frozen surface water was observed near the center of the basin. Soils near the wetland boundary consisted of black (N2/0), silt loam to a depth more than 16 inches which masked any hydric soil features. The wetland boundary was staked based on the change in topography and the vegetation which was dominated by buckthorn, white oak, sugar maple, hickory, and red oaks. . Wetland 2 (W2) is a 5.51 acre basin which extends along the south and southeast portion of the site. The majority of the basin was classified as Palustrine Emergent Seasonally-flooded (pEMC - Type 3) wetland which is dominated by cattails, giant reed grass, purple loostrife, reed canary grass, river bulrush and sedge sp. Along the edge of the eastern portion of the basin there is a band of Palustrine scrub shrub, saturated (PSSIB) wetland which is dominated by red osier dogwood, and buckthorn. Along the southeast edge of the basin a minor area of Palustrine BroadleafDeciduous Forest, Saturated (PF01B) dominated by american elm, box elder, buckthorn, and reed canary grass occurs along Valleywood Lane. The western portion of the basin is classified as Palustrine Emergent Seasonally flooded (PEMC) wetland, dominated by reed canary grass and with a manmade outlet ditch to Wetland 3. The south and east edge of Wetland 2 was not delineated because no impacts were anticipated to these areas. The wetland boundary along the south and east side of Wetland 2 generally corresponds to the existing road embankments. Along the delineated edge of the wetland boundary was staked along a moderate to abrupt change in topography and where the vegetation became dominated by upland vegetation; white oak, red oak, sugar maple, buckthorn, and hickory. The soils along the wetland boundary were black (N2/0) silt loam to depth greater than 18 inches and there were inconclusive for purposed of determining the wetland boundary. Surface water was observed in the center of the wetland and saturated soil within 12 inches of the surface was observed near the wetland/upland boundary. " ' Mr. Brad Nielson January 16, 1996 Page 3 " Wetland 3 (W3) is a large off-site wetland, of which 1.92 acres extends into the western part of the site. This basin was classified as a Palustrine Moss-Lichen/Emergent Semi-permanently flooded (pML/EMF - Type 4/8) wetland. This basin has an edge (approximately 20 - 40') which is open water with duckweed, and some sedge species. Near the edge of the area dominated by sphagnum moss (bog) the water depth was 2-1/2 to 3 feet deep which probably results in a floating bog condition. The sphagnum moss also supports dominant species of cattails, laborador-tea, and purple loostrife, with secondary species of red osier dogwood, white birch, buckthorn, blue flag iris and reed canary grass. The wetland boundary was abrupt as a result of the steep slopes. The adjacent uplands were dominated by red oak, sugar maple, sumac, and understory of grass sp. Wetland 4 (W4) is a small (0.19 acre) off-site basin which is just off the northwest edge of the site. An ice surface was observed, but it was not possible to observe any vegetation or soils in the basin. Trees . were limited to the edge of the basin and the topography and manmade outlet ditch limits the extent of the wetland. A non-wetland, closed depression was observed immediately northwest of the existing house. There were scattered mature trees throughout the basin with little or no observable understory growth. The vegetation appeared to be more consistent with the adjacent uplands than with the wetlands in the area. No ice surface was observed, and the soil was frozen, whereas saturated soils in and around the adjacent wetlands remained unfrozen. If you have any questions about this wetland report or need additional information, please contact us. Sincerely, . McCOMBS FRANK ROGS ASSOCIATES, INC. ~f{3J70 Kelly 1. Bopray, CPSS Certified Professional Soil Scientist KBJ:pry Enclosures p:\ms:\1098S\niell-16 ---.JIll Ill. -~ . -l II ~III Iii I ~ ',at I.., , '.1..H... II ,~ U __H.LUlIlULsll!- - _1- - 4: .- - .. --- · - .. - :::-- · - - · .. ~ 3 . I 1 a 0 . I A 3 1 1 I 1 ~ '~I Ii. ~~ -- - '. " 1/. . II 'I II I, EI !I fi I: \, I ~'6I ! I '''~ , II \ cad I -I .1 -,I -, . . t? I a: . "0' 10"1 ... o _0' I . ai I . ~ III II: ;: I Y ~ III '.:.' I : I III 3'1:1113 i . .... -, ~~ t~ 1 ~.I.I : --t I I :: ,: I __;;;- --(," ( !iI ::. /' ,~": ';: / '~/ / /: o T\{~~ / ~, '/ / \/ \ 'iit=Ot l!J ) ':'1~' . ~, .., ..,' .,.., ",; /' ( \ c:I ~ \'1~ -a. ~ ?€"'" C. 111I ! !II ::11-: ) ~,,; j 51 /rU~ ~ /4." :::J ...... . f: ~"l -', . .,,, I ""-,' ..;~ -.(.; -----,- , .~ (.? ,. --------- ,...;. I -- ...-'" , --.:: -- " ...;;;.- ---- -i ~ · -r =-1 __ --'1 ~ -- r-:. i!~.. ,;,.~a~" __ __ - I l!ii. I r "..'U .:-: ~I ----- ~: .0 ..~ ... ... ~ o ,-: :l: ~ 1 ill I 01' I~:I III '.": 8 , . .~ '. ."" . ""'~i :'. I~':" ---11- 8 EI (iiI ~"; c c~ II _a' . ;z:. II II __ ---- -"ll II ~: I . I . ,:>;~'" ~~_. . . ~, . \r~~~:}/:'.:. .:.:: . . . '.. ltU~H. ;':."'l .~ .. ..;.:-... . I!tifiNN ET 0 N K A : .t:~. ' .- . . z".O ..-------'--..........., / ' . / '8 ' .. .. .. \ . ./ ',~-~ ~;:~~._;.. . ~~ ,/ :.;~~:. . .. . . .- .. PFQI(. . .;;:.. f { r- i I I \ ,. ,. I,.. \ \..':. . . ,. . \ .. \ ..... \.. '0.. NWI MAP $CALI , ,.., \000 ~ . McCombs Frank Roo. AssocIates, Inc. 15050 23rd Ave.. N. Engineers Plymouth. MN 55W7 PlannerS 6121476-6010 Surve)'OlS .: . TONY EIDEN CO. 'Ii> . .... - ..... 5ijli91:1. I SOIL SURVEY MAP. ~ McCombs Frank Roos Associates, Inc. SCALI " . I=w.o IClOIt TONY EIDEN CO. 15050 23rd Ave. N. Plymouth. MN 55447 6121476-6010 Engineers Planners SUlVeyors FlU 110. \04\ !.~ ~vv..,_~ . j c o. . DNR WETLANDS MAP . McCombs F...nk Roo. Associates, Inc. ", .'J : . TONY EIDEN CO. e.... PIaMera SUfYeyOfI 15050 23rd Ave.. N. P~th. MN 55447 61:11476-6010 \O~&S . MAYOR Robert Bean CITY OF SHOREW<DOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty [)()ugMatam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612) 474.3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO. Planning Commission Brad Nielsen 2 March 1996 Watten Ponds - Comprehensive Plan Background 405 (96.02) Residents neighboring the proposed Watten Ponds development and members of the Planning Commission have inquired as to how the subject property originally became designated for residential use at 1-2 units per acre. Shorewood's first Comprehensive Plan was started in the late 1970' s and adopted in 198 L A number of factors were taken into consideration in developing the Land Use Plan portion of the Comp Plan: , . . There was considerable regional pressure (Metropolitan Council) for more affordable housing. This pressure was exerted through limitations on sewer extensions and various funding programs (e.g. park grants, etc.). Shorewood experienced some of this in the mid 80's. This pressure has recently accelerated with such proposals as the Orfield legislation. . Over the years there was sporadic interest in the provision of municipal utilities. Although City sewer was installed in the early 70's, City water and, in some areas, storm sewer were extremely expensive to extend in large lot areas. . Some city officials were concerned about the legal ramifications of exclusionary zoning. Exhibit A contains the land use policies from the 1981 Plan. Many of these have been carried forward into the 1995 Comp Plan Update. Exhibit B contains discussion about expanding the areas which allowed development of 1-2 units per acre. In reviewing areas proposed for such density, surrounding use and zoning were taken into consideration. Exhibit C shows the residential development surrounding the Watten Ponds site. With the exception of vacant parcels to the west and the wetland area to the east, there has been relatively little change between what existed ip 1981 and today. The subject property is bounded on three. ~ides by R-l C zoning, which provides minimum lot sizes of 20,000 square feet in area and 100 feet in width. Lot sizes in various adjacent subdivisions are as follows: A Residential Community on Lake Minnetonka's South Shore ". .tfm11l . Birch Bluff Upper Minnetonka: Min. lot - 13,200 sq.ft.; max. lot - 40,920 sq.ft.; avg. lot - 26,292 sq. ft. . Mann's Addn. to Birch Bluff: Min. lot - 9900 sq.ft.; max.lot - 36,476 sq.ft.; avg.lot -22,538 sq. ft. ~ . Grantville: Min. lot - 18,600 sq. ft.; max. lot - 43,500 sq.ft.; avg. lot - 18,600 . Lee's Square: Min. lot - 10,620 sq. ft.; max. lot -23,600 sq.ft.; avg. lot - 14,750 sq.ft. . Lee Circle: Min. lot - 17,200 sq.ft.; max.lot - 38,000 sq. ft.; avg.lot - 28,157 sq.ft. . Grantville 2nd: Min. lot - 23,400 sq.ft.; max.lot - 44,500 sq.ft.; avg.lot - 28975 sq.ft. . Eureka Richland: Min. lot - 25,450 sq.ft.; max. lot - 38,333 sq.ft.; avg. lot - 34,723 sq.ft. . fumth . Shorewood Acres 1st Addn.: Min. lot - 20,025 sq.ft.; max. lot - 20,550 sq.ft.; avg. lot - 20,275 sq.ft. (four of these lots have two-family dwellings on them) Based on this development pattern, the 1-2 unit per acre designation was considered appropriate and consistent with two important planning and zoning principles 1) the designation provided a desirable transition between large lot zoning to the west and smaller lots on three sides of the property; and 2) changes in use or density should occur at mid- block so that similar uses or densities front on the same street. . . The most significant difference between the 1981 Plan and the 1995 Update is the approach to implementing the land use plan. The earlier approach did not change zoning except to . reflect existing development. Zoning changes were considered as development was proposed, using the Comp Plan as a decision-making guide. The new Plan takes a more proactive approach, calling for rezoning of several sites throughout the community to make them consistent with the land use plan. The Watten Ponds property is recommended for rezoning from R-IA to R-IC and highlighted for planned unit development due to wetland configurations. While it is difficult to reconstruct exactly what happened 15 years ago, it is hoped that this information sheds some. light on how the Comp Plan has been formulated. If you have any further questions relative to this material please do not hesitate to contact me on Monday. cc: Jim Hurm Tim Keane Larry Brown Chuck Dillerode Vern Watten -2- ... Land Use Policies General 1 . The community shall be planned and developed in units os determined by either physieol barriers and/or homogeneous land use characteristics. 2. Whenever possible, the impact of physical barriers shall be reduced to increase relationships between segregated areas and reinforce continuity and 0 sense of community. 3. Major streets ore to border, not penetrate, neighborhoods. . 4. Related uses and activities when compatible shall be concentrated and clustered into functionally related subunits of the community. S. On community os well os neighborhood bases, varying types of land uses shall be combined and integrated when compatible and complementary, and when increased efficiency and land util ization con be achieved. 6. On 0 subregional and commun ity, os well os categorica I basis, land use development shall be planned to prevent competition of a detrimental type . 7. All development proposels shall be analyzed on on individual basis from 0 physical, economic and social standpoint to determine the most appropriate uses within the context of the planning district in which it is located and within the community as 0 whole. . 8. Land use development sholl be related to and reflect transportation needs, desired development and communi ty priorities. 9. Land use development shall be planned so os not to isolate or create landlocked parcels. . 10. The use of easements for the purpose of access is to be discouraged. 11. IlBack Loti' development shali be permitted only when adequate access con be established and provided without creating non- conforming property. Exhibit A 29 . . ^ i'- : 12. Intensification of land use activity and development shall be accompanied by sufficient corresponding increases in related supportive and service facilities such as parks, off-street parking, fire and police protection, etc. 13 . Over allocation of use types sha II be avo i ded on a commun ity as we II as a subarea, development district basis. 14. Transitions between distinctly differing types of land uses shall be accomplished in an orderly fashion which does not create a negative (economic, social or physical) impact on adjoining developments. 15. Wherever possible, changes in types of land use shall occur either at center, mid-block points $0 that similar uses front on the same street, or at borders of areas separated by major manmade or natural barriers. 16. The removal of land from the tax rolls shall be considered only when it can be dearly demonstrated that such removal is in the publ ic interest. 17. Programs and incentives for continuing privately initiated maintenance, improvements for energy conservation, and redevelopment of existing land use development shall be created and implemented. The City shall cooperate with already established private groups in undertaking develop- ment and red eve I opment efforts. 18. Renewal, replacement and redevelopment of substandcrd and grossly incompatible development shall be accampl ished through public action and private means. 19. Where practical, problems with conflicting and non-complementary uses shall be resolved through removal an::{ relocation. 20. Sufficient setback requirements for new development along major streets shall be established to prevent future problems of street upgrading (e.g. widening) . 21. To the maximum extent possible, development policies and regulations shall be appl ied consistently and uniformly. 22. Shorewood's land planning an::{ development shall be on a cooperative basis with neighbori ng communities. 23. Shorewood's lakeshore shall be .protected from overintensification of use and development. . 30 I I I I I I I I I I I J J I I r .1 J _t Residential 1. Residential neighborhoods shall be planned and developed according to establ ished planning distri ct boundaries. 2. Low density residential neighborhoods shall be protected from encroach- ment or intrusion of incompatible higher use types and by adequate buffering X and separation from other residential as well as non-residential use categories. 3. Residential neighborhoods shall be protected from penetration by through x traffic. 4.. Access to major streets shall be provided on the periphery of residential neighborhoods . . 5. Owner occupied housing is to be encouraged. 6. The existing housing stock shall be preserved and improved through inspection, code enforcement, and resul ting updating. 7. Through public capital improvements, an impetus shall be provided for private investment to help upgrade aging residential units. 8. Shorewood's high quality residential environment shall be maintained and enhanced through rehabilitation or where necessary, redevelopment of substandard units. Such actions shall be undertaken through private means and/or public action, when feasible. 9. Substandard housing shall be removed when not economically feasible to correct deficiencies. . 10. Residential development shall be protected from adverse environmental impacts, including noise, air and visual pollution. . 11. A variety of housing is to be maintained . 12. Housing styles and development techniques which conserve land and increase energy efficiency are to be encouraged . 13. Lot sizes in the community shall take into account the cost of land and service improvements, yet be adequate to maintain the suburban, natural characteristics of the community. 31 18. Innovation in subdivision design ancl housing development shall be con-' sidered through the use of devices such as the cluster and planned unit development concepts. . 19. Residential development shall be prohibited on flood plains and other natural features that perform important protection functions in their natura I state. 20. New residential development shall maintain the natural environmental character of Shorewood. 21. Integration of housing types or styles within a development shall be allowed when applicable as long as the total number of units conforms to the prescribed density for the total development. 22. Medium density housing is to be concentrated and allowed in those portions of the community where adequate supportive facil ities (high capacity streets, util ities, etc.) are existing, service needs are minimized, and activities in the form of work and leisure time are directly accessible. . 23. Medium density housing shall not be utilized specifically as a buffer or viewed as being capable of absorbing negative impacts. 24 Medium density housing is to be developed only in relation to and support of major commercial and service centers. 25. The City shall respond to the housing needs of the entire community. 26. Shorewood's housing planning ancl development shall be in cooperation with neighboring south shore communities. 32 I I I I f I I I l I I r , a I . Land Use Plan The maps on the following two pages show Existing land Use in Shorewood and the Proposed land Use in the community. The Proposed land Use map sho....'S the proposed juxtaposition OT a variety of land use types and densities. These land uses are described in general below. More detailed information and justification are included in the Area Plans section which follows the Community Faci! ities/Services Plan. UNDEVELOPED OPEN SPACE . Based upon the assumption that all buildable land in Shorewood will ev4!tntuaUy be developed in one fashion or another, this category consists primarily of wetlands. These areas are indicated on the Proposed Land Use map as designated wetlands, and are taken from the official Shorewood wetlands mep. These areas are scattered throughout the communii"l and range in size from small pot- holes to the very large tracts of land found near Howard's Point Road and east of Christmas Lake. Protection of these natural areas is considered important, both .in terms of Shorewood's natura! drainage system and re"i\;r.tion of community aesthetics . SEMIRURAL RESIDENTIAL . While the City has recognized a need for providing areas which allow a some- what higher denshy than one acre lots, there is still a market for large lots. The areas indicated on the Proposed Land Use Plan map consist of land where such development is already prevalent. Overall density is proposed at approxi- mately 0 to 1 unit per acre. ,\Aost of the areas proposed as semirural are adjacent to natural areas such as lakes or wetlands. In this regard, the City must ensure that any changes in density to surrounding areas has a minimum of impact on the lower intensity use. lOW DENSITY RESIDENTIAL """q"" 1- This land use basically consists of single family residential at a density of approxi- mately 1 to 2 units per acre. Most of the area designated as low density resi- dential is already zoned for this type of development. However, ~r;.e exesn~ion of this land use cate....o is roc~"'d. Areas which are proposed for a change in ensity om semirural to low density are justified based upon the apparent need for areas in which development costs can be lowered and yet where the spacious character of the community can be maintained. Exhibit B 73 ~. 'I: .A4' I I I If!! \aft, I A~'r:: : \~"i":'"'"N~ I _ ~~ I I I I ,I. I~~ '. __ ~'P" I I I I ,I'~ , -:::~ 'I I' I --lIII""'j"" ~ I ;,. : ~I RO! - 1;..J l-lf' I.......: I ,'~ r~~-' ~......:... - -- ..&...... I... ' ~----:- I' rl::'d"~~~e I' 'J.. I I . ._.....- ~'f"ol I ~___~ - I I I I- ~il ...if:" , I ~ I I __I~ ~I ~I ~" ';]6.1 ,I I~" I I ::;;;;0.- ~~ : ; I.. '1-, I ~:,.....-::: =--:;:;;.- -- .I" d ..'1 I ~ ~~.. 0::: c~~ ;;;...- 0 II -:;;:. -;;..- ... ~ II VA" I Woo I ~~.~ ~ WOOD CIR. : ~ _ \' VALL yJOD L~. I Y..'*A p.~'7 I 3= -w --- > 3= \ 0 r '-0--0 <( I w :s ROSE \ I I I I ~.. "'"~'- -~J . " ~NY v~ F" 11/1 LA. cJl ,~-- '--- , I I I ' I L- I I I ___ l~:~ y 1/ II : I I. I I I I I <(: ~ w 0::: ::> w - . - . - . ~ . ~ I : ~ rat clt v, \", ~ &C~ JllJ =F . . L.4 ...'~ w a: w - -1 ,U . -~ ... \.4.. ,,,.e b ./ IWI riARD CIR. - - - --& . ...l_.J." ~~ J 1:'-,..- TONKA '1M" Q ~O 9~ . j.~ · NE!-SIt-jE!l'/ V t- , "I.~ ~ ~ 4~ ~ l.---- ~ ~. <J I - BAY . ~~R <y ~ ~ ~/ : I I I I I I I I I I I I , I I AZ/~ o :~ / ~ W / g 7/ : : ~~ ~ Exhibit C ~. MAYOR Robert Bean CITY OF S H ORE WO OD COUNCIL Kristi SlOver Bruce Benson Jennifer McCarty Ooug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council Brad Nielsen . FROM: DATE: Urry Brown ~ . March 1, 1996 RE: Watten Ponds - Rezoning and P.U.D.lC.U.P. . Existin~ Conditions This site is located immediately northwest of the intersection of Valleywood Lane and Eureka Road and consists of three parcels. The 14.7 acre site contains City designated wetlands totaling 4.9 acres in area, and contains mature vegetation throughout the site. Ri~ht of Way and Roadway Requirements The applicant has provided for a 50 foot right of way which is consistent with the subdivision" ordinances. " The grading plan indicates that the roadway profile grades will vary from a minimum of 1.0 % to a maximum of 6.0% which is in accordance with the Subdivision Ordinances. The design also provides for a safe landing area for the approach otthe intersection of Orchard Circle and Eureka Road. The typical section indicates a width of 12.0 feet to the back of curb. This distance should be revised to 12.5 feet to allow proper lane width. Drivewavs The plan proposes driveways which range from a minimum grade of approximately 3.0 % to grades in excess of 14.0 %. Driveway grades should be revised to a maximum of 8.0 %. In a few cases, such as Lots 3 and 4 of Block 1, steep driveways may have to remain to insure adequate freeboard between the emergency overflow of the storm sewer system and the proposed house pad elevation. A Residential Community on Lake Minnetonka's South Shore .;"ll W atten Ponds PUD/CUP March 1, 1996 Page 2 of 2 . Gradinl! Drainal!e and Erosion Control The applicant has proposed a nurp pond at the southerly ends of Lots 1 and 2 of Block 2. The applicant will need to revise the pond to include the necessary 10:1 safety bench at the water line. In addition. the applicant will need to submit grading and drainage calculations as part of the preliminary design process. During the review of the house pad elevations, it was noticed that there were several house pads which will require grading other than what has been indicated in the plans. The applicant needs to revise the plan to show all the necessary grading required to construct the house pad. The grading plan also needs to provide positive drainage away from the house pad of Lot 2 Block 1. Currently. there appears to be potential for drainage from Lot 1 Block 1 to affect the building pad of Lot 2 Block 1. Sanitary Sewer and Watermain The plan provides for adequate sanitary sewer and watermian for the proposed lots. As part of the review, it was discussed whether the sanitary sewer would cause less impact to existing wetlands and vegetation as proposed. or whether sanitary sewer could be extended along lots 3 and 4 of Block 2. between the two existing wetlands. and ultimately to Eureka Road. Although the later route is of shorter length, it is believed to . cause more damage to existing wetlands and vegetation than what is proposed. The alignment of the sanitary sewer immediately south of Outlot B needs to provide a minimum of 15 feet from the wetland to insure adequate room to install and maintain the line without impacting the wetland. It is anticipated that the proposed route will be installed using a trench box to minimize disturbance to mature trees. The proposed sanitary sewer line between lots 6 and 7 of Block two is approximately 12.5 feet deep as compared to the house pad of Lot 7. The distance between the proposed house pad and sanitary sewer line is approximately 10 feet. The minimum distance should be approximately 13.0 feet to allow for maintenance of the line without disturbance to the house pad. The emergency overflow for the low point in the street is at approximately 948 and occurs immediately north of the proposed house pad of Lot 3 Block 2. It is recommended that an overflow elevation of 948 be maintained for the roadway low point" in the event that the design capacity of the storm sewer is exceeded. FILE COpy McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth. Minnesota 55447-4739 ...,.",-- -' -.-' March IS, 1996 . ~---::=:;::#:...~. '" ~ ~,ce. --=\c \'\'Ul \~\r<;,:, '@i' \~ . r-: \ \". \\ \ ;; G .~- . \" \~D " ,........ - " ~Q9b ~\\; . \1 . .,.,.- \j , ~\r\ \i\:~;--Ir.. ~j \ \\; ,\ \~ \\ \ ~;:::-:.-:;:."- " B'l~::::::>...- , . _.,;.,.....----...... Telephone 612/476-6010 612/476-6532 FAX Engineers Planners Surveyors Mr. Brad Nielson, City Planner City of Shorewood 5755 Country Club Road Shorewood. Minnesota 55331-8927 SUBJECT: Tony Eiden Company Preliminary Wetland Delineation Eureka Road Shorewood, Minnesota MFRA #10985 '. Dear Mr. Nielson: McCombs Frank Roos Associates, Inc. (MFRA) conducted a wetland delineation (December 4 & 5, 1995) and prepared a preliminary wetland report (1/16/96) for the Tony Eiden Company site on Eureka Road. The purpose of this work was to allow site planning to proceed using reasonable accurate wetland boundaries even though the Minnehaha Creek Watershed District (Minnesota Wetland Conservation Act - Local Government Unit) does not generally accept wetland delineations after October 15th. MFRA will conduct a full review of all the wetland boundaries this spring, however, the recent warm weather allowed us to revisit the Non-wetland Area which has come into question. -. During the original site visit, I walked through closed depression shown on the site topography survey and noted on the wetland map as Non-Wetland Depression. Although complete documentation of the absence of wetland hydrology, hydric soils, and hydrophytic vegetation was not possible, there was enough circumstantial evidence to conclude the area was not a wetland. This determination was made considering the follo~ing evidence. Any surface water that was present in the wetlands on site was frozen and there was no ice surface observed in this non-wetland depression. During the December site visit, it was observed that where groundwater was within a foot or so of the surface, the soil was not frozen, but in upland areas the soil frost was too thick to break through with a tile spade. The ground surface in this closed depression was frozen like the adjacent uplands and the soils could not be observed. The soil survey map identified this part of the site Lester loam (LrB) soil series which is not a hydric soil, but may have isolated areas of hydric soils as inclusions. Wetland 4, just off-site and to the south of this basin is one of these hydric soil inclusions and the soil was not frozen in Wetland 4. The National Wetland Inventory (NWI) Map was relatively accurate in identifying the size and types of wetlands that were observed in the field. The NWI Mr. Brad Nielson, City Planner March 15, 1996 Page 2 map did not identify the non-wetland depression in question as a wetland. The City's wetland map prepared by Orr-Schelen-Mayeron and Associates did not identify the basin as a wetland. The U.S.G.S. topographic maps from 1993 and 1972 identifies all of the wetland areas near the site with marsh symbols (including the 0.19 acre Wetland 4, but did not indicated the closed depression in question was a wetland. The overstory vegetation was dominated by Green Ash (FACW), Sugar Maple (FACU), and Red Oak (F ACU) which is similar to the adjacent uplands and fails to meet the hydrophytic vegetation criteria. MFRA's professional opinion is that this basin fails to meet all three of the wetland criteria. If you have any questions or need additional information, please contact us. Sincerely, McCOMBS FRANK ROOS ASSOCIATES, INC. A/ /77 ~9f31)() Kelly J. Bopray, CPSS Certified Professional Soil Scientist . KJB:pry cc: Chuck Dillerud, Tony Eiden Company e:\ms:\main\ 1 0985\nieI3-1 2 A I . r..;,. ~/ , 'f ',,/ ~ : , . '-:;'>\---;}'l...._,/ . /' C/'. / / ~ t," . .~ ," ' . "-, :/... " ,,'- !-,I -I ;/ , A ,1 ~,'I 1-2'>-,' "IV ' ,1' ... . . 136 IHPERVIOUS AREA = 354DSF LOT AREA = 15,300SF PERCENT COVERAGE =.23~ ~.Y. 'if 3: ~ I-' m tSl I-' ....> N ,,* ~ ~ /~ ! ;:0 o @ .. .. If _ - rue ..........~.1..,.GIIlIT. lJ;IJ54 _ -.. a ......- --.-. .. II1II11.. .... .. ...- PI~ . IM9 '1_. . .....DlI ~ ....... UT _._ LOTS 1 ... 2. BLOCr 1 ..-rrBI PIIIII _.. '" .. . . 131: 30PM MCCOMBS FRANK ROOS :z: I- a:: C Z P. _... N I"'" . ~ c .... I IN I 5911. ;-1 13 II: ---,- ~q co hu I "I Iii! 8 1.___ . IJ . -......... j . - -=-=-. '.- . -- ........ ""--~ ~_ 91".0'_ !! ~ -- iF. -~-;I! -+__ :I: I - .a a I --_I ,':\ --- 4 I I i :l j ~ .. f ~ February 23, 1996 Shorewood Planning Commission Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Deborah Borkon, Jeff Foust, Virginia Kolstad, Christine Lizee, Jim Pisula, Jr., Kirk Rosenberger, and Laura Turgeon: . Re: Public hearing to be held March 4, 1996 to consider a request by Dahlstrom/Abingdon Development for approval of rezoning property from R-1 A to R-1 C, Single-Family Residential and a conditional use permit for Concept and Development Stage plans of Watten Ponds P.U.D. The plan proposes twelve single-family residential lots on the property located at 5370 and 5340 Eureka Road...(description) Please accept this as our written comments to be considered as we will be unable to attend March 4th, 1996. . We love our property. We loved it from the moment we set foot on it. Our concern for the area under consideration for rezoning. is that the character of our neighborhood will change dramatically. Cluster homes, even if they are 1/2 million dollar homes, will dramatically take away from the peaceful, nature like setting we currently enjoy. We live in this area of Shorewood for a reason. I invite each of you to walk the Eureka Neighborhood to see what it is we cherish so. People walk their babies, their dogs, run, take nature hikes, bike, and exude a sense of community unlike any area we have ever lived in before. Eurkea neighborhood is a very cool neighborhood, a wonderful place to raise a family, and grow old in. We are totally opposed to the rezoning which is the subject of this public hearing. As to the conditional use permit: I, Kate, walked Noble Road and spoke to several of it's homeowners on Sunday, February 18th, 1996. I am greatly concerned about what they told me. Not one was neutral when it came to the Tony Eiden Companies. Not one was positive. Two were qUite bitter. As members of our planning commission, you put in much time and effort to avoid unhappy endings. This area reeks of unhappy people. I implore you to investigate the Noble Road ,. T neighborhood. There is not much difference between deeds and words. The track record of this developer as reflected in the stories of the folks on Noble Road suggest his words of assurance do not ring true to his deeds. Based on the concerns and dissatisfaction of the homeowners on Noble Road, we are totally opposed to a conditional use permit for Concept and Development Stage Plans of Watten Ponds P.U.D. under consideration at the request of Dah/strom/Abingdon Development. In our stressful world, this area of Shorewood is a sanctuary. A meandering walk in our area area will calm your heart and clear your mind. It is very healing. It is very special. Thank you for listening to us. . /1 j(cfE ~J,- ~ jY- Jerry Bix and Kate Lynch Bix 25545 Orchard Circle Shorewood, MN 55331 ps: We were caught asleep at the wheel. We are awake now. We are committed to be a part of this community from here on out. You have our pledge. cc: The Mayor and all Council Members, City of Shorewood . February 23,1996 ~8 j~~~nl~;~~ Jim and Judy Marshall 5320 Eureka Road Excelsior, MN 55331 City Planning Commission City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331-8927 Dear Commissioners: . We have lived on Eureka Road for 35 years. We are shocked and outraged that our beautiful country road is being considered for upgrade to an "urban" street by our dty offidals with elevation/grade change, curbs, etc. We feel the coundl has lost the vision of what living in our area of Shorewood is aU about It is about "suburban country living." Perhaps you people should think twice in your consideration of this "improvement/upgrade" of Eureka Road. We are also concerned about the impact on the wetlands due to fill involved in the proposed grade change of Eureka Road and the impact of a proposed development on the west side of Eureka Road at the Laven and Watten properties. Wetlands to the rear of these properties are nesting grounds for wood ducks, and where our children skated and the Watten family canoed. . We hope you are considering this and will do the appropriate impact studies on these wetlands before you make any preliminary or final agreements, approvals or decisions. sincere~ tB ?1?~ Jim and Judy Marshall cc: Mayor Robert Bean Kristi Stover Bruce Benson Jennifer McCarty Doug Malam Larry Brown Gregg Larson City Planning Commission Brad Nielson ~~({;~ll~~~1 I~ FEB 27 W6 ~I Feb. 20, 1996 . DEAR BRAD NIELSON & SHOREWOOO CtlY COUNCIL, 1 AM WRmNG IN REGARD TO THE CITY OF SHOREWOOD'S PLAN TO WIDEN EUREKA ROAD BECAUSE OF THE PROPOSSED DEVELOPMENT OF THE WAITEN PONDS P.U.D.. WE MOVED HERE OVER 5 YEARS AGO AND PURCHASED PROPERTY BECAUSE WE LOVE ALL OF THE TREES AND PRIVACY. WE ALL GO FOR WALKS AND RUN SO WE ENJOY THIS AREA AND WE DO NOT WANT EUREKA WIDENED. AS ALL OF THE VERY BEAUTIFUL OAK TREES WILL COME OUT. HAVE YOU TAKEN THE TIME TO COME DOWN OUR STREET DURING THE SUMMER AND FALL? ALSO THIS WILL NOT ONLY TAKE AWAY FROM THE AREA BUT THEN THE PEOPLE WILL BE DRIVING FASTER AND \HE DO NOT NEED THAT. THIS IS NOT A THRU STREET SO WHY WIDEN IT. YOU SHOULD LOOK AT PUTTING THE MONEY INTO IMPROVING THE CORNER OF PLEASANT AVE AND HIWAY 19 SO THAT PEOPLE WILL USE IT INSTEAD OF BIRCH BLUFF OR COME DOWN TO SMITHTOWN VIA EUREKA. THAT IS A VERY DANGER- OUS CORNER. YOU MIGHT DRIVE DOWN THERE AND TRY GET ON DUR- ING ANY OF THE BUSY HOURS. WHY ARE WE WIDENING EUREKA WHEN SMITHTOWN COULD USE IT WITH ALL OF ITS TRAFRC AND IT IS A THRU STREET. I THINK THERE IS SOMETHING MORE BEHIND THIS THEN 'WE THE GENERAl PUBLIC KNOW ABOUT. IF THIS IS ATIACHED TO THE NEW WATER SOMEHOW - WHY PICK ON EUREKA ROAD? THERE IS AlOT OF OTHER DEVELOPMENT GOING ON IN THIS CITY. I AM AlSO AGAINST PUTIlNG IN CITY WATER AS THAT SHOULD HAVE BEEN DONE YEARS AGO BEFORE SO MANY PEOPLE MOVED OUT HERE. WHY NOT WHEN THE CITY WAS INCORPORATED? PlEASE SHARE THIS LETTER WITH THE PlANNING COMMISSION FOR THE CITY OF SHORE- WOO THANK-YO . E R. JONE 2SnS V AlLEYWOOD lANE SHOREWOOD. MN. 55331 NW COLL OF CHIROPRACTI TEL No.612-SS8-6713 Mar 4.96 11:55 No.028 P.02 3 March 1996 TO: Shorewood City Coundl 5155 Country Cub Rei. Shorewood" MN 55331 FR: Jason M. F:rederidca 25780 WiJdrcse Ln. Shorewood" MN 55331 (612) 474--3m RE: The proposed Wattmt Ponda development . . OearOtyCoundlMembers; I adamantly oppose your efforts to rezone the proposed Wattea Ponda development. My wife and I moved to ShDrewood more than five years ago because we admired the semi-' rural neighborhood to include: the wildBfe, tremendous water quality, exf2nsive tree development, et cetera. Furthermore, as a parent 1 resent your efforts to further burden our Minnetonka school district and detract from the quiet, peaceful nature of our communi1y. Your inapptopdate plans to rezone the proposed WattenPonds development seek to destroy the very attributes fundamental in our decision to live md raise a family in this comDlmdty. 1 regret my inability to attend the pu.b1ic bearing on 4 March 1996 but permit Mr. Greg Larson to speak andlor voU! on my behalf 45 Appl'OPrlate. FurtherJDore, I wiD. support all efforts to prevent said -rezoning through cJass..actlon or indivldualliUgation. Lastly, I request the voting record from this public hearing and an relevant fu.tare Shorewood Oty Council meetings that wJl1 ultimately impact your re-eJections. You may contact me with any questions or concerns. Thank you. SJncerely, ~. Jason M. FrederJcks To: Whom it may concern 1:'\ I"E ~i2 n~n~ri liDi if; \\,,& :::: Ij W IS filii ~l MAR . 1 1996 ~i I By , Subj: Public Hearing on Rezoning From: Maurice & Mary Pokorny Date: March 4, 1996 We are n2! in favor of the rezoning. If new homes are to be built in the proposed Watten Ponds development, they should be built to the current zoning status, which is R-1A, 40,000 square foot lots. . We moved out to Shorewood in 1968. (It was Excelsior then.) We chose Shorewood because it was quiet, beautiful and full of birds and other wildlife. We have already noticed the decline in the songbirds. We don't even see a deer anymore. I believe this has to do with all of the tree removing and new buildings going up everywhere. What will happen if they remove another 450 trees. We already have enough traffic in our neighborhood. Our schools are already crowded and our taxes are certainly high enough. We do not need to add to any of the above. We may face the same problem in the future since this development will allow access to other properties on the north and west. Rezoning below the current 40,000 square foot requirement may set a precedent for the other properties. Let's keep the character of the neighborhood. Let's keep the songbirds and the wildlife that is left. Lers keep our part of Shorewood the way it is. . If the planning commission can list three 'honest to goodness' benefits of the rezoning, maybe we will feel differently. We need an explanation as to how this rezoning can benefit the neighborhood, the environment and future generations. Thank you. 7J7u~f~Gf-' ~~p~ Mary ancyMaurice PokornYI . · . . Comments at a Public Bearing on the rezoning of, and Development Concept for. the "Watten Ponds" area of Shorewood. MN, 3 March 1996. Judy Englund, 25555 Orchard Circle. Shorewood. MN I'd first like to thank the Planning Commission and Council for their high standards in preserving trees and wetlands in Shorewood, and I ask you to continue to uphold those high standards when considering this development. The character of a neighborhood is not only in the number, $ize, and placement of houses. but also in the amount of wildlife habitat remaining between those houses. The Watt en Ponds area is made up of mature trees on the uplands interspersed with numerous wetlands. Because of the placement of these wet areas, there are alot of slopes -- up and down, up and down. This will require alot of grading for placing the size of homes required for this developer to maintain the character of his housing developments. This, in turn, results in a greater impact to existing trees, shrubs, and native habitat. I believe that 15 years ago, when rezoning this area was proposed, home size and footprint shape were vastly different from what is being proposed today in $300,000 homes. The trees were also 15 years smaller, and the potential environmental impact was less. The pad sites on maps given to us by the developer, as well as the estimated impact on trees from building homes this size and shape, are not consistent with the footprint sizes and impact to the land on previous developments by Mr. Dillerud. Please drive down Noble Road and Smithtown Meadows, if you have not already, and see how much land between homes has been left untouched. Homes on Noble Road average 75 feet in length, not 50 feet as shown on the development concept plan. This would bring the house to within 10 feet of the edge of the lot in almost all cases at Watt en Ponds. With the yard size that Mr. Dillerud wants to provide for his customer, as evidenced by his request for wetland fill at 26550 and 26600 Noble Road (Boulder Ridge), this will negate most options for maintaining trees and other screening materials. It will also limit options for areas to put replacement trees. Even if the developer, in good faith, attempts to retain and replace trees according to Shorewood's tree preservation policy, will the private homeowner leave all those trees in place if they die? Home construction severely compacts Shorewood's clay soil around the roots of trees, virtually strangling them. The tree can live off sap available in its trunk and remaining roots for a short time, but mature maples often die 2 years after construction, and must be removed at great expense to the homeowner once the developer is long gone. I recently built a home in Shorewood (1992), on 54,000 sf of dry, buildable land, and was impressed with how very difficult it was to retain trees and shrubs which would add to the character of my lot while finding a place for the fill generated when my basement was dug. We have mature burr oaks, and slopes leading down to the same wetland as Watt en Ponds. We fenced and staked the dripline of each tree over 6" dbh, forbidding construction equipment in these areas. Still, my private, single home builder complained that there was not enough room to pile the soil necessary when digging my basement, or for his equipment to move around easily to access my foundation to backfill. They took down the stakes and drove their equipment under the trees, anyway, ripping down about 15 feet of sumac in the process. And this was on a 54,000 sf lot. What will happen on 15.000 sf? In addition to changing the wooded feel of the Eureka Road neighborhood, homes at this density will severely impact wildlife habitat. This small 14-acre area supports a wintering herd of about 15 deer at present. Great Horned and Barred Owls use the area for nesting and roosting. Red-shouldered Hawks have been seen in this woodlot on numerous occasions. Scarlet Tanagers, Rose-breasted Grosbeaks, Pileated Woodpeckers, Cardinals, and numerous woodland warblers depend on this closed-canopy forest. There is no question in any of our minds that more songbird habitat will be preserved in a development with 6 homes instead of 12. No one can put a price on the song of a bird. Wildlife habitat notwithstanding, I'm concerned that homes at this density and size will impact runoff into the adjacent wetland because of the large percentage of impervious substrate - including but not limited to roads, driveways, roofs and patio areas - associated with the type of development that Mr. Dillerud builds. A study conducted by Hennepin Parks showed that in undeveloped areas, 10% of rainfall runs off a slope and into adjoining marsh areas, and 50% perColates... and goes into the ground water. In urban areas (which this development represents), 55% of the rainfall became runoff, and 15% was taken into the soil and subsequent groundwater. I see that the developer has provided one NURP basin in his plan. I'm interested in knowing how runoff to the other 3 outlots and wetland areas outside the development (to the west) will be treated. In conclusion, I would like to point, out to Mr. Dillerud (re: his mailing last week) that the PROPER zoning for this area is the zoning that is most respectful to the land and adjacent residents AT THE PRESENT TIME, not what was proposed 15 years ago -- when home sizes were much smaller than those that this developer is currently building, and 2-car garages (not 3-car) were the norm. Mr. Dillerud is concerned where his homeowners on Noble Road will place their swingsets. I ask, with 15,000 sf lot sizes and 4,000 sf homes, with adjoining driveways and decks, where will these homeowners find room e. for their swingsets? I'd also like to propose that, if this development does proceed, the name be changed. This area is not an area of ponds, it is an area of wetlands. "Watten Wetlands" would be more appropriate. Thank you for your time. wtLh0l V, h~~ , ) t) Q -.J ~lr. and Mrs. 5l. 'E. 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I to ... fe-AV\ \0 VYj Gum \/Y\ LS~ t IJY) . tYum: ~ Oli\tt ~ TBJ if:. ~G" V~IejV\!z;o2r ~re ,\tJe J, trot ~bct\ N'"~d-eNs · ~ ce.- r- 'tDU dO,r t) . ~~e\f~V~~.~\~b T~ ~~:l" Q\e Of- ~ feJlSUf.\S ~ OQ'{ mro'75LM.O) 9J'()-{e 1 Mtl ~ J~~~F ~ \)Jt\<tO I 0/\1 eelS c;l\C\'\ GlS MS, .\d-~ w~Q ~ ~uf~~~~~ ~rJ(e~ or-~&~~&MW1et{k- or. "[\ ~~~~l~ ct~J~f \!\t s.,', 1, qCjff,f, L( C"Ju,Cc)fe.:hJ,/t( CVl\SlJ,'ev-t" j !,'lL,:, 4JDDD~t(\ (\t~~lerlk I(-tr fV-t'f\\..^/\L!\ l\/\\S .... \ ' ~- I ~)UJt1~ h\ I . t \t t 'cl ) +ro fivn IA02...?U+ k7\hl (\E1d \ lA1dtS170J'd .~0a1S" f1lN07 'aN} \ \J C\ r. . '?Y\M- UG ;;> * 5'Z..1 W \ W ~ Q} vlA.f ~Y\ -+'71 .. L '~(\(OJt~ ~ S}~j 1\A\-- Pl t1~ 074~ ~ (\1 ~~ r ?tD 'f \ \(Y\ /\1\.WJ YYV() S:f--^ \ V\ ~ ~7i lYeY\ \ S U'@ . J1Q).. -:-:t-y+l ~ \!lQA}'7oe. r \ \ \ \'(\ stO \ f~.'y1G.+l\n.~ 1'5 \A. dtJA~) '~)~.' 47() .ktiVQ.J ~VV'{) \u<)\ dJ\ -Ft'&JfV c) lAQ] ~.) 9AfO . aAdU 5'O\.Wl~ A 011t: ~ d-reV\ Q\l\ \Vl \ ~"1'dN 4- S\I&) 1 /\INt~ J\cx}Q!~p ~ ' :VV171\ YJ] 0\11- Qj. l4~ ~--c/ d11o}\7'& ___ City of Shorewood c/o Brad Nielsen City Planner 5755 Country Club Lane Shorewood, MN 55331 March 4, 1996 . Dear Mr. Nielsen: I was informed by neighbors in mid February of a series of events that have the potential oftransformiDg our community and chang;ng its character for the worse. Draft city pI<mning documents indicate that these three projects are related. They are, A) the i~l1ariQn of a city water main. B) the intention to use DOT funds to rebuild the roadway (leading to curbs and gutters. et. al), and C) the re-zoDing of property by Dahlstrom Abingdon. LLP. I have received notice that road resurfacing project has been changed to retain the country quality to our neighborhood. This is good newsl While I am concerned about the severe city infrastrudure change in instal1;Jtion of the city water main, I am more concerned about the potential dllm"ge that may occur if the development project in question is allowed to be re-zoned to RI-C. We hear from our children, or from. the news, or from our reading that each day thousands of acres of I3inforest are being destroyed. Everyday hundreds or thousands of species of 3t1imals are becoming extinct. I have heard the saying, "All politics is local." I know now what that means. We will be determining tonight the future of auother 14.7 :pes of semi-tropical forest. The reality of habitat destruction, and species extinction is just as true beIe as it is in Brazil Step by step, acre by acre the tracks ofbulldozers are destroying Shorewoods habitats. The city must weigh on one hand the profits of a development company against the desires of current residents. :md the fate of thousands of waterfowl, racoous, egrets, deer, song birds, owls, :md hawks. As you know, the bulk of this property is protected wet lands or protected by the cities wise use of set bade recpdl:ements on these wetlands. I am not an UDl'eaSOnable person, and believe that Mr. Watten, Tony Eiden, and the Dahlstrom Abingdon. LLP have the right to the use of their land within the guidelines set by the federal, state and city statutes. I guess that would be one of the points I am trying to make. Yon, 1, the Watteus. and certainly the development company are temporary custodians of this land. Should we be allowed to maximize our use of Shorewood land, at the expense of the environment, the city, the oeigbborhood, or the countless Shorewood citizens that have yet to be born? I am afraid that when you look at some of the recent developments on our shores and in our woods, we have not been very good stewan:Is of the land. EvelY year we squeeze out mole wildlife and squeeze in D10Ie people. City zoning bas been set on this property as R-IA for a reason. and I beleive those reasons weIe to preserve the natnral beanty of Shmewood. During the public hearing on the stIeet repairs, we spoke, and you had indicated that you beleived that since the property on the opposite side of Eureka Road had been designated as Rl-C it made sense to do beIe li1a:wise. Just today I walked down Eureka Road to contemplate that point. I found that other than that at Orchard Circle. the land across from the proposed Watten Ponds Development was plotected wetlands. I would like to address specifically the points that Mr. Dillerud summarized in his letter to you dated February 6, 1996. 1) the residential density is consiaent with the Iab:shore properties and those directly across from the lakeshore properties. The density is not co~~ with the significant amount of property to the West ofEurek:a road. 2) The land density is consistent if compared to the entire 14.7 . acres. by my caJr.J1''ltiODS there is less than 6 acres of developable land that is not wetland, or within the jurisdictional wetland setbacks. While they have made it look good on paper, the reality is that they are proposing 12 UDits 'on less tban 6 acres. This 6 acres contains the bulk: of the forested land. 3) I currently bave an unobstructed view of nature, how can dense bousing improve my property value? 4) This development may not, but which one will? Sincerely, Russ & Angel Erickson 542S Valleywood Circle . . March 4, 1996 TO: CITY OF SHOREWOOD PLANNING COMMISSION RE: W A TTEN PONDS DEVELOPMENT It is our understanding that consideration is being made to rezone the proposed Watten Ponds development to high density. . We are stating that we are opposed to the rezoning request and want to keep the current zoning status, which is R-1A, 40,000 sq. ft. lots, regardless of previous recommendations by the city to a high density development. We bought and built on an acre lot eighteen yearf!~ 'chose this area because we wanted to be in a rural area and houses were on larger lots as opposed to curb and gutter developments. We have very much enjoyed living here and seeing the wildlife. However, we have also watched the decline of wildlife as more building has gone on over the years. Larger houses on small lots detracts from our area as more and more vegetation has to be destroyed and wetlands have to be filled in to accomodate this type of development. We lose trees, wildlife, wetlands and character to our city. As city officials representing the people it is necessary that decisions be made for the good of the public and not what's best for a developer. Of course a developer would want more than less. It has come to our attention that the proposed developer of Watt en Ponds has a project in process at Noble Road and has requested a permit to fill in wetland areas. Is this what the City of Shorewood wants? . Are there any added benefits to our neighborhood, city or environment by higher. density rezoning? We don't think there are. We are asking that you, as planning commission, vote no to this request. / Thank you for your consideration. v4?yQ Gary/and Peggy Dressel 25505 Nelsine Dr. Shorewood, MN Joanne Johnston 777 '4.,cefsiur tJ3{va. #204 · '4.,celSioTi !M2i55331 . 612/474-6351 February 28, 1996 Shorewood Planning Commission Shorewood City Council Re: Vern Watten property Dear Members, This letter is to let you know my feelings about the development of the Watten property on Eureka Road. I lived across the street from the Wattens for over 20 years until 1995 at 5375 Eureka Road. Our properties were both boundaried on the marshland to the . south. I still live in the area in Excelsior. Please do not change the zoning from R1 A to R1 C. While I know Watten has the legal right to develop his land, I believe it is environmentally unethical to do so because of the pressure it will put on the woods and wildlife. Legally, the property is zoned for six houses. That number will do enough to adversely affect the quality of the forest lands and wetlands on that property. There's nothing we can do about that. However, you, the members of the planning commission and the city council, do have the opportunity to at least limit the destruction of the natural areas left in Shorewood. You can deny the change in zoning on the Watten property. I hope you will. . We've seen Shorewood's character change as people and houses put pressure on the natural areas. Shorewood still has some of the tree-lined streets, woodlands, marshes and wildlife that people need and want. We still hear bard owls and pilliated woodpeckers. Sadly, we no longer hear the frogs in the marsh just south of both Watten's and my previous property across the street. No one is making these wild areas anymore. They are more important than more money for Watten'sretirement in Florida or Shorewood's tax base. Please do what you can to save what natural areas are left for the people who still live in Shorewood. Sincerely, P.03 .:- E B.- 2 '9 - '9 6 T H U 1 0 : 4 5 PAC K - N - P 0 S THO M 0 S ASS A i ; . . c( .. .WHY ~ -rKe c.\,.,~e~s a~ 0""- C\,\'i ~ .......~~WA~3 ~Ave To COMe uP \l\JtT\~ p.t..~ .~-rt{~se <:dlJ cet2.~S AN\:) tMf'ACTS Su((ftdVN1)- ..1 NtO A 1)evc::.L..o~~~//~r.:.~.v(N~ SVC\-4 AS ..-r~ \ s 1 C)~e C,.).jO~\.,1)~ IIJ K.. T~e C \ ,.. ~ .9\-.ANNe.,a..-7' Co\JNc.( t../ 9Y<::. UJoV.l,... -0 -'Be, AWAAe.., .. ..AJJ"D cc~rt)(~~ T("'~es e co.vC~lJS L-o,vb ...e~FotLe A.' C<'<:~N'~' P<-A#J E.ve,e. {=ZeAc\...e S ...Tt'.le P.U~ (,{G \4'.~A@.IN' p'~ASe. PO~:>Ic;3'-, ..~~ <;&1'1 lS J~sr IN TOO MuCH "F A 14v~'7 ..TD ACCOMMO'DAT~ 5oN\CJ OU,-of"'Tay,)~ ~\J\,,()(I' .. Wi4'Ci> \U~>>T S ":C Mp..~ tM( ~e \-t 1S f'/2.0C: (,...... %4erter-olt.<C,. .~.'Ne AS C'T.\ 1;e~s. ..Of S~o,::t.ewooD Fb(t. 3'5 .. YeAfIw.S' .12J?l~~AN~ i.MJ'Ac:r S'T\)1>l~~a,J T ~ ~ ..~f=OR.eMeNT\orJe1> .cotJ CE:t.NS t3EFote:..Gf h.~...i... :~ec\Sl o~ IS MA'D~. ON Re:~ONI~G- T\-l\S p~c)p- . ~~~.~ Mp~HA~L . "...._.__5~"'a 6u~:e.~A \<1:> . 5~o~Ewo"11 MtJ 5$"331 M~..e.-rw..A - f="e~ .:r:-e~~ TD Gt)t'-'- FOn.... 'P~-OP~ --Pt:\ ~A S (~GI e. 7 c. ~ -r ~ ~,..JX 1<' e. '::e..cu..Ht\JG CaIVC<<f<N.t P. 0~ . I Cl E B -:2 9 - 9~..__..T !::Ll:J_.. 1 0 : .,.. SPA C K - N - P 0 S THO M 0 S ASS A --...... -T f Q '" ~ 1-. NOT ..d ~'S~ WATTe'-1 q QIJPS . WIIf,! {"'2.. ~ -No~eS' -. \ ~~R.e. Af2.e ~4 ,,<: (2 eS' c AT L..eASr. Two "T(~~ f"e~p(,e Alae WI\. L rl/V~ .. t3e\4lND ~ '1'e,0 To ~\J~\....- . O~, :it TMf"~\c..I.Nlf'ACT oiJ CUf2~K.~ Q(:p) C "li ~.G c.. T I >J 6 .--go;. -0 S {:v..J7) A '8u-r"r I ,."G, . R~A."Qs . . (N.-:-T-o.u l4A Dti\ '7', D<;~ T 3A" K~ow A~v""r -rp.\ 1S ~~OScCl) .~otJ,Jol~. Ct.4AN G c5: r ::Jrt i~o("'\...efo JM~P.C.I - ~ ,,"CI<,q 1sueD~...J cnJ .5c~ Lor Sc..r S c a-M::) c., T"t It IN fi<A s-r e<J c..1'"\J (2~ ~ p. _ .. _ 'Po ~, c. e) 'V 0 t..~~T~e.\2- F u't~.,. SN~W(!..~~O':'J ~ '-I . .... - . '[<OA'D t<.ePAlf<-S'/" I -:nt t~).J\j 1t'2.<1NfvlEWj~<- IMPACT - ~e-r.~NPS _A. .We'T'-AND /MPAc-r STuD'i ".MuST "Be Dot-Je..... .. ...-.. .A .PLA~ uQ.B\~.J'e\Je.\J)PMe~T (f:?~) W.IL'-. .h1^U~ 1)eJJseR. t4~()S(AJ.G IN. Cea.TA(~J. R12eA$'. ... ... C..6~C eg.,.J~ .~u_C\"i AS f~n.-r l ~ l"':!..e~ Rt..)~o.F(C \JJ\(,l- .I~~<:' 1'"'" .T..H~Se weTl.A~1.:> ~(2v:AS AND l")c1I-J~~ . . BULLFINCH 28 Feb 96 To the Planning Commission of the City of Shorewood. Ladies and gentlemen. I write this as a former resident of Shorewood. My home was on Nelsine Drive, about two blocks from the Watten property you are considering for sub-division. I write about that land and its bird life. It should be stated now that I am not a professional ornithologist. I am an amateur, a bird-watcher, if you will, but someone who has paid close attention to birds for over 40 years. That includes routine reading in a wide variety of birdingjoumals, including professional publications, and writing on birds and birding for a variety of publications. I currently serve as editor of the journal Minnesota Birding. As a person who recognizes that many of the bird species which use the property in question are plagued by habitat loss both here and on their wintering grounds in Central America, I urge you to approve a plan which offers the least possibly disruption of habitat and removal of trees. Squeezing every last dollar out of the land might make economic sense, but it carries a very high ecological price. Bircls will pay a significant share of that cost Removal of trees not only will simply eliminate habitat and put greater stress on birds as they seek to survive in smaller, oftentimes less appropriate habitat, but removal also creates more edges to the tree groupings which remain. Edges are prime habitat for bird predators (raccoons, skunks, Cowbirds), thus further amplifying the problem. We are not alone here. We share Shorewood and even the relatively small parcel brought before you by Mr. Watten with many other kinds of life. We are the guardians of that life. Please include birds in your consideration as you entertain the request to push this project to its absolute limits. Thank you. I.,. James J. Williams 3326 Martha Lane Minnetonka MN 55345 (612) 938-7020 -.-/ Editing and PubUsbing for Birders -,Embroidered Patches and Cloisoone Plus 33.%.6 Martha Lane · Mlnaetonka MN 55345 U.s.A. · (6U) 938-70.%.0 · Fax (6U) 473-.38.%.4 . . Minnetonka ~ Public Schools ~-.. Learning Today for Success Tomorrow Ms. Patricia Larson 25535 Orchard Cr. Sho~ood,~ 55331 February 28, 1996 Dear Ms. Larson Thank you for your inquiry regarding the enroUment projections for Minnewashta Elementary School. a part of The Minnetonka Sdtool District. While we do not make building-by- building projections, r hope that the following infonnation is helpful to you. Please don't hesitate to call if you want to discuss the projections further. Each year I spend about a month preparing enrollment projections for The Minnetonka School District. In order to assure accuracy and reliability, I hire The services of Dr. Hazel Rheinhardt. a consultant demographer. We have worked on the projections for the past five years. Part of The model we use is called "migration. .. and has three components: move-ins to existing houses, move-outs, and move-ins to newly created housing. It is the formation of These new housing units which is of the greatest impact on our sdtools. Each new house brings in additional residents, many with sdtool-aged children. (A few years ago we calculated The nwnber at .51 elementary child per new house. But we have not updated this nwnber.) The formula, or more precisely, the mathematical model which we use to forecast population trends also involves many orher factors including suburban birth rates, female fertility rates. paroc::hial and private school choice, and overall economic factors. To assure that we are grounded in empirical evidence, we also prepare a land-use and vacant-land study each year. (However, our consultant was unavailable this past ~ and did not do a fall of 1995 update. That will be done for fall of 1996.) When these ~ are combined with cohort stability, we have a successful model which reliably projectS grades 1-12. That success depends a great deal on capturing accurately the development of new housing in the district. To that end. we have obtained the zoning information for each municipality within The school district. Our model takes The amount of developable land in the district and factors it by applicable zoning requirements for acreage and type-of-use (currently giving us approximately 1500 home-building lots). The Minnewashta attendance area has 30% of this land. As a consequence. Minnewashta. which currently has 600 students. will likely be The fastest growing school in the district, wiTh Excelsior (578 students) projected to be second wiTh 26% of The district's residentially developable land. Those two schools are where the majority of developable land exists and where construction is Wlderway at an impressive rate. lotrk ~. E~an",. l>>h.D. )Irectur or Tct:hnoloJ.:) ~;;i=_ 101 St:hool .\\cnuc. E:u:cbior. 'limlt.':,>ola 553.U (011) ~70-~OS Fa.\: (611) ~70-~32 ~.~- "'::C"' _"(,.,.~~ :......,.:' Patricia Larson February 28. 1996 Page 2 In fact. Minnewashta School Principal Uoyd Law drove me around the area on a. tour last month to point out the rapid rise of more than 100 new houses in his school area. As you might know, Minnetonka School District is proposing a bond referendwn to construct additional school space to relieve overcrowding conditions which worsen each year. As part of our long-range planning, we look closely to our projections to be sure that we have enough classrooms and teachers to meet students' needs year-by-year. The projections must be reliable. In the case of Minnewashta and Exc:eisior Elementary Schools, our model has specified one-acre lots. If the zoning were to change from R-1A to something more dense., then the impact on the schools might become imroediately much greater with more students arriving than we have plamed to handle. Neither city has notified me of any impending changes in their zoning at this time, but I and other school officials would be happy to meet with any city plaming representatives for coordination and discussion, thereby assuring that the school district would have time to develop plans to accommodate unexpected increases in Minnewashta and Exc:eJsior enrollments. . The recent growth in the western area of the district has caused us to begin estimating the impact and immediate growth at Minnewashta. A change in zoning density would likely further increase the impact on schoolresourc:es and sta:f6ng. I hope this infonnation has been helpful. Please let me know if I can provide any further infonnation. . Sincerely, C aJ- '{~~ Clark Evans. Ph.D. Director of Technology and Media . cc: Uoyd Law, Principal Minnewashta Elemt1lJtary School ...... - March 5, 1996 /.::::~:::::--. ji'-..., 1 ,: ~ /;~:z-!~ ~. i7.-----~~- 1/; 'I'S;;: ..lJ71;-", II 'Vi ;r= """ . t~ ~id .~'i \} ~!ni:f ',1 ,I.. ~ !U{J"'.L.'" Ii. ~ ".,,,,,..t? I I:' J ! t,.: , i I 'Bv -i ~.~-::::::::----. --....--..:::::- .: City Of Shorewood Attn: Planning Commission 5755 Country Club Road Shorewood,~ 55331 Dear Planning Commission: . I am a resident of Shorewood at 25725 Valleywood Lane. I was at the meeting of March 4, 1996 regarding the development of the Watten property. I listened to everyone who spoke and agreed with most things that were said. I feel that the majoritY of the residents would like Shorewood to remain rural in appearance. I am concerned that any development of the Watten property would end up resembling Plymouth or Eagan in appearance. I have walked down Noble Road into the "Heritage" development and I did not like what I saw. The area was completely void of vegetation. It reminds me of an area that has been strip-mined. It is very upsetting to see these developers come into our city and create these blights on what was a wooded site. I do not see that the development of the Watten property would be treated any differently. If this property is developed, who in the city enforces the tree ordinance and who would be enforcing any encroachment on the many wetland areas on this property? . The over-crowding ofMinnewashta Elementary and Minnetonka Middle School West should also be key issues when granting building permits to developers. I have a child in the 6th grade at Minnetonka Middle School West who on occasion during the course of the present school year has not had a desk to sit in or a computer to use in the classroom because of over-crowding. Someone needs to be accountable to the schools, especially now that school districts do not get as much in state funds as they once did. Please consider the many problems that the over-rlevelopment of Shorewood will create. Sin~)lY' /~.< t8~ Janis K. Pini 25725 Valleywood Lane Shorewood,~ 55331 March 19, 1996 To: Shorewood City Planning Commission ; c Fr..:' !:~- [)\,'v!t- ~ . -~rU\. t --.. ..! .. lS I' I id i'i '." 1091..: II , " 11 ,_ j '", U I, !~: I From: Susan and Peter Davis Subject: Rezoning of the Watten Property . We were pleased with the decision of the planning commission to ask the developer to return with detailed alternatives for the Watten property, especially the request for reducing the number of homes proposed to 9 or 10. We feel this is a step in the right direction however it does not go far enough. The site is more appropriate for 7 homes, including the existing Watten home. This property is more like the Valleywood Circle area rather than the Noble Road strip. The nature of the topography and the protective limitations of the wetlands and the Watershed District leave most lots too small for the homes this builder plans. Perhaps a more creative developer could put 6 environmentally compatible homes on these spectacular lots and make it an example of sensitive and tasteful development? A $500,000 home on a 15-20,000 square foot lot is ridiculous, pretentious and not compatible with the land or the neighborhood-aesthetically or environmentally. . In reference to the comments at the last council meeting concerning whether or not the residents understood the difference between zoning RIC/PUD or leaving it RIA, we believe they do but since there has been no alternative development options to compare this to, hanging on to the RIA status seems to be the best course of action. The most desirable course in our opinion would be to allow the land to be parceled into 6 lots and sold individually for custom homes. Certainly this would not result in the fmancial windfall the Wattens are seeking but would result in more carefully thought out development. We know 2 couples that would be interested in such lots. Had we known the land was for sale we would have been interested a large portion of it ourselves. (These same two couples rejected the Noble Road development as being too crowded, too large homes on too small lots with no trees or other vegetation.) We were very impressed by the manner in which the commission ran the often emotional public hearing on the 4th of March. This is a special piece ofland and it's hard to describe why we are all so protective of it. Perhaps it is because every buildable inch of Shore wood (and every other lakeside community) is being developed with these ridiculous projects of enormous homes. More citizens like ourselves must stand up and say stop, please consider less destructive options! Our community has always been thought of as providing a peaceful, wooded, country-like environment and we simply want to retain this atmosphere in our neighborhood. R~'~ C/m ~ Sue and Pete Davis 5495 Valleywood Circle . . Mr. ana fl{rs. ;1. 'E. Lou1lSfnuy 25990 1Jircfz 1Jfujf'l{od '4!;efsior, M?{.55331-8313 FILE COpy ~'larc 11 10 ...... ,,' , 1996 To The Sli,")rE'!:lood C i t~r Planning CGmmis~ion: / This letter is to reiterate end e~phasize our objection to the proposed breaking of prEse~t zonin~ regulati0ns to accommodate the developer of so called 1I;;latten Ponds. II To do so '.vould not only destroy a beautiful area that could be developed responsibly unier existing regUlations, but ~{ould be most unfair to tl:s citizens in t':e area if not t::6 entire city. ?eople rely on zonlnz. It is in nlsce to Drotect the City from. undesirable 2nd destructive development--even J10re so f..,r se~siti"'ve pl.3ces s1.1c11 as t:':e area ill. Cf.lEstion. It !,~loulc~ bE of 110 ben~fit--just hurt. 16 respectfully request you deny any rezoning ane only allo\<f develop:-rent to proceed in confor:r-.ity "lith cur::....ent zoning rE~ulations. ~1espec t :tully. , i..... d~{~/e ~ ~'/~Z$/~u~r' t- L/ . V "'Ii' v' ,".lfred E. Louns~ury """_._ ," ;?'~-.t'-t1 ,,-:~ ,:1;;~<,~z;'c:: j. , .. r 'r,:'~ ~ ~ / -', fIlar:t~. Louns oury (,:1' .r :' .J. C:./'o /1 'j'.-- L.- _I:.- / "~I ".1 ,/J ! :\ " ,# 4f-." ! ,A, ?" ( ........- If y Zoned RI-A Proposed "Watten Ponds" Lots v alleywood Circle Lots Block 1 Lot 1.) 15,301 sq.ft. 2.) 15,181 sq.ft. 3.) 18,202 sq.ft. 4.) 20,142 sq.ft. 5.) 19,151 sq.ft. Lot 22.) 49.658 sq. ft 23.) 62291 sq. ft. 24.) 49,101 sq. ft 25.) 54,014 sq.ft. 29.) 59,242 sq.ft. 27.) 39.204 sq. ft . Block 2 Lot 1.) 25,623 sq.ft. 2.) 20,277 sq.ft. 3.) 24,860 sq.ft. 4.) 24,450 sq.ft. 5.) 22,834 sq.ft. 6.) 21,850 sq.ft. 7.) 144,416 sq.ft. Adjoining Eureka Lot N. 28.) 45.600 sq. ft. . Alternative Development Plan Based on R I-A Zoning Example Lot 1. 48.684 sq.ft. 2. 39,298 sq.ft. 3. 45,846 sq.ft. 4. 49,318 sq.ft. 5. 44,685 sq.ft. 6. 144,416 sq.ft. Which plan best conforms to the neighborhood and protects the forest and wetlands? ) ,~ ;J.w050 ~F 77 175 }co ';d9'3'J1.'l', .~ .... :;JOu1lOr J { ',t.~~ ,.., U"~h('l \ ~ -' f ci ,.ax I ~ '~f~V 'J " t. ~ I , I , I :~ I ( I) , I~I;'() '~' ~QJJ~rw ,4'l! ~5 I , , , I ~--------~-------- (1) V i. t~lJl(" ~: ~ ~~ wiN ~ ". ". ~ ~~--._-._- (---t;;S- ~,~ , ,1... ii'~(j-t,: ! ART OF: JT 62 : , .' ",,: 37.:.cr \/ , , I , I , , , I , I : :".. :~-;': .~" .' : ":,,. 'f': , . ,~ :&<1 ""gf)dr :S7t.t'l';' , . , , , I , , , I , . , , , . . I , , , , . I -1,: ~5 : , I : (]) : I , , I , I , I I 1 I , , , I , . , , , I , , , , , , .1 r<J' It.\''''~ (~n ,r ~~~ 5 ~bI~~= (16) I ;, I '\',~\~ .....11 .- f~ (4) ~r.4{iCI1 - ~,~a,f t! n.~ ... 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CS c:. ~ ......... .~ , ~..... -..0--: ~':...'''' . ..,. ~:~ ,.. :.:;- -' 31JHIJ .i: O~I:IHJHO . '-, C1:. " ..... . ~ ~ .. . ... ." i. ;. ~ : ; ... 'r H :~ ~j G -...--. - ---.---.--- f~ r: ~..e .~ ,:.I n pi (~ 'CI: :-:.. ';i.,.._. ....;.-.!- "- ""- .'" - LU x: ~:: ; 3 N t:t 1 a 0 0 " A 3 1 , 1:1 A - ..... ,- -... ..- .~-.... .... ... II 'I lID I ...:1- 12 i I 0: I I~ ...J ~. ;! i. ~ :!r ~ ~l !II , 15 , ::: II: ,- ....., 12 ... \,1 \ i . \ \ )-~ \ \ \ ,/ : -- .... "'i \>/' , I , .I , '\ I ! - ~ . Ie .'" ii 8= 0" Ii I .r \ a: ... ~ o . ~: 5 i = 'It ~ I .... .. '" i '. / "- " ~"- .o~ ~ ~ 'J ~ (~ - " "'." -. ,.#'. A"" ..- -. .... ..... / / / \ " '. 9 ~ ! a.." iu ~ ... hi; ~ '% =t::!1C ~... i !5-1i ~ '..... " / .' I Q I ~ 12 a: z,," "'... .'" _IE 0 j! 12- 0_ i~ ..... a:: ~:ll ~8 1\ .. ..- I " \ \ \ ,6 ~ - " \. / , / \ .. : a:: I /--1 II II _ .. .!. ~ i iri ~~~- - - -... --~ '- ..... " 'i.. ~ ...... zc ~r 'it! 8::: ~l ll!~ ~3 .j ....: ".?.~'</.) '. ..J ..'~~.. : .. .. :.. '<t. .'tlCI ; e-- , <-4 I~ ;~- I ,LsJ ~ ~ -.!l I ~ ~ ; I ~ ,/ : .::::r-__--..,---- -- -- - 5lI ," / I ,Kj2 /~ ''''. ....'........ ". (//':>:;:~~/ ,0:: I , . :'- I I::) ILsJ , ..~ .. li...../) :10. .... ..{ " '''ORe o ~.- ---. ,. ." ...... t_ T:2' ,/ ... --'- ...~ _ --:~ ;JJ - - '-l--. f'")O ~- :r ~. "C) -- --.( .........-- l.!"~ r- ! i ~.- - -~ --- ... ~ -- - - .. - -"'I" ,~_ ~__ .~ -- ... - ..... '. ~ , //'""i , .../ ..1./ ", . I . '... 1. l".~ '. ...... /ilt . I:. f i . r .. .: .,. .t.t:: -- ..... 1. 2. 3. 4. 5. . . 1 UIII.IDN We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shore wood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being.created to address the above issues. Circle each statement that you agree with: ~ ~ AQdress P..h.2ne # Date (])G)3 4 5 6 1. ~~:;:-- d.~30 B.2!'wBv.Nfo. L{7-f-38/S- 3/~~ ~ 4(!)!) 2.~~~dhv~/j{'&~~A1L,~ . ~1i'7#7 3/~ CV& 3 4 (j)@ 3~~ffi~~$) /~~lY#fiI- LI/4-;'Al/-8! C2/:~ 4@~. 4A~ (d~~t:~~<~f775if~~I!IAJf~. lfl'i 7tflrJ ~4a:0 5~~,J~. .J?,n5I?uM f11/Jrzl- 471/-(17/ <P4G4QO 6. &4/J.-~ )577F/f.)-v4~/~/CA ~7'7-7Ljj"7 J-r-'!? Qoo 4 @ 6 7,>~ ~ ZS71~ I~i~{h BLu:Ff (201 474-7407 ;S-"3 -9(.- Q)f; {J () (Y@ 8. J/7t! -( ~q J 1 - 1.> ~ b OcPG2 46@ 9. (!;cPGJ @~ ~ 10. S/3/?t. NOTES: It...... tnm96 ... 1. 2. 3. 4. 5. 6. ~ETIIION We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. a-.. 112019< Circle each statement that you agree with: ~ --- /~/ -_.......h__~ 123 4~, ~--~.---.._- 1 2 3 4 5 6.-12. 0' 3 '0~-6J 3. ~ Pin 11 I i-OY:t,\. 1 2 3 4 5 6 4. 1.3 4 5 6 5. 1 2 .., 4 5 6 6. oJ 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 5 6 10. NOTES: ~ (y o CD @ 5. ~ ~ETITION We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Address Phone # Date L/-7tf .-- rbgD 3-,3- k: 559S L I _!5-tf- 9& \ ~ h 1t....1J2:e/M ~ETITION 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. 3. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. 6.. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ Address (i)GJ (j) W:5J::iJ,J;,<<7l~'J--,ar;-LTJr'y ~~~ v I C/~ 0-3 4 5~' ~S '. - -=-0 ~,L->. n2 3 4 5 6 i) h . \ C.'I......-;:- ~/L) J~'"""~ ~4. i -,- ... Ci.<11:41 @(6j 5. Phone # .Qats1 ~~~'L f..,/7o-/~7 :k--..s-:>-'7 , 3;;: '6 , f c.Y~~if ;1';/,;t:-~:r.:.,./ ./~ 'r7'!-tS ]2 ,j pl1 b ,. I 3AI ~~~p ;/Z/9 , '/ NO{,./.e ;?~. ttf'7fJ - (3'f~ R."'-H 1121'" PETITION 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. 3. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. 6.- We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ Address Phone # Date 2//1/1(1 -, if? Ji f.c ti:; , ~4(] 6 G)~4(})6 1. ~ l()rJ L{}ei:Jecs 2.-1-Y01\ UAt'_+cr ~ 3. ~",k.ll'" S>J~ bod~ 20745 Wild ((05€ LN 2,SI4:~ w\ \ 0 ~5J' \ 1'\ ~. - 170-200'1 4-1 (Y?ro4 CC€& ~6 (i;6) Q)(D:D 6 4. ~~ 45 6~ V([]_-3 0 6 6. }it-1 f ~IY!/k; fj c~ ?71-i~:l.S"6"') W~~o~?Y-7'UO (f 2 ~- 5 j) 7. t~(, 1'1:11-t/L :J..,!;52~tJrch&V\A (/r. '1?tJ,,-e;t5? ~~"4~-_i 8.--~ ~y.ut-~5~~ ~5bSr~"1:~ ~tv1b f(J (lk~I~~EJ9. ,~0F ifAlALgL.UU d~~ ~b &uf~Rd ~. 2 3 4 5 ~ 10. ~~j vj R"'L/b' 20;.{'1-0 Ofl.t~!l~.O c/ lKL. .2 ss-so lVeIS~n~ Dr- J./ 7 L/ - c.s-~S 2/ ~ "1/9,1., I i.( 7" - c.f{,; L{; '-/7 ti, 'I ,? a k i/7'f-l 2~b NOTES: ReYlle. 1/201" 1. 2. 3. 4. 5. 6~ ~ETIIION We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 200~. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ Address Phone # ~ ~ 1 t. t.'l^-J F " j' -, r-:-:'::-r L. - I" ,.n ill' .f.tl'1 f i /1 /7 }" r (/':)-J':J) l/ I;- ...(, \r.L " \_/1 V t.. J(. Lf 2 55j~ Orc~A'r~'{ G r ' · I 71./ Qf('" )... -7 1/- f-.J--? 4- ~~~-t1Ll c:-j( - -4-'--ll._.~; T. . .>. , II?: , .. I ~ 1<~7 Q)@QJ~@}6 ;;'\ \ 0&3 4 (5)@ 00€GB6 (!)@(i)~ 9. '~~'~ @@@) 10. NOTES: :67 R...4 1121/" 1. 2. 3. 4. 5. 6. ~ETITION We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ Address Phone # Date /L::C:, ~/;, S r c" (..'l '-" \. ,,=~,-L.. <-f 7 ~l -7 ("'(5." /' :/ t'.- '-' 'l.. _.--~-'.~-'------.......- - ... (i 2 3 4 5 "6''\1. '::~::~----- ...~~: I . /~ \ j ,", ;' 1 2 3 4 5 6 2.. \',v\I'1l1 ~; ,t~.L\ G 4 fV6 3~( ;Jr/7c.# CliJ),4 Q 4.Gl1oe r/I, c9 4 (f&") 5. /(t;iUi/ ;/, o.'y JVl 0,&Q:@W 6. ~. StiJ1L S,:"u4 f! 9S (,,1./.,- Sv~.de t,1 2 3 4';-6) 8. tMyh 1A 5~ t;77~ Orv-{ Au- ''U- ~;~~~'''~~~)9. ' e~ 5~2.o Let: ~.~(!.,t...c 1?i-:;7'4)/~-r6)1O..c~dt-C. a ~ -' '- ~ ""'--' - v'- --..... NOTES: ':Z ~. ,. 7 $:.: , -- r~ ......t''! r':..". r" , _ r ,~ J { j\./)I Inn t'l :. .::/1 ~ ; -r (;.. 4- 7 u- - 70 / ;) ~I/ ,/'- 0-9f ,/ /5//ff'/j2 J3 r2.D "1(: c;)..:;;,- 7& j'" \r (I Y11-'1 f / jCl 'e '7 S-~2~ ~ v,~/\'L/AL- J ,. t '1 '-1 .:... r tillYV' 1/.'; Lc: --'" , if 7'-/ S5/1 S{/'/~/1C>/ Vo../~ L.vv 771/- 3 ~. '170 -l<)"t<=; ~/t3/~C:: b/2~~ 2.) 25)'1 L. ti 71./- 2~3'i)(p 1-\ 1 ~ -l~ 2 v ReW:H Ill"" 1. 2. 3. 4. 5. 6~ ~TITION We oppose any variances being given, via Planned Unit Development or otherwise, which.a1ter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: -- ------.... , , , r 2 3 4 5 6) 1. fl/Jr;L /it?j e It;';'l'~i'/ 5{;,5 (' .~--' @G-Q) ~tD@) 2. ~@~ @ fJ~ 3. riJ 4 (j() 4. ~ &3>tY~& (J){J)(J) ~& @ (f'234D G 3 75J> 9~ "'.c.~ C23 4 5])10. (!A-~ ~ Address Phone # ( / ( , .? ; .~ I", 'I : ; ..1 I I ,j r. .. .A '. _ VuJ/,.i,t-tf( y;r . '"'~_, .JL I I ~ () .~ , '- "0 / .J ,LA ( $5s5~1~Yla ~14.::f.Cj5q a -lj-91 //7/';::1\'0 ,. c-/ - 0'-1 :/ ! /J-I/_t( {, NOTES: L!?U ";:::JI~.:r ~ ~ //. e:.; ?c? --6 c:"// 2~'I..r~ N'..:: I~. ~e! 0,.... ~ ~- ~---I(/ ~ j)ft. V7ctOs J.'5~oo Jf.Jd.sv-... ~~~~. ~S)40 ~ C1 4ft,'... 3J7' +-to to 011 d-- II- "" J -11-910 R........ VI", 1. 2. 3. 4. 5. At ~ We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Epreka Road to M.S.A. standards. We oppose-any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: NOTES: Address Phone # ~ ,~ . 2- 15 1c tll'l2 'flu "I7';-7{.P/ ;I-If irt:, -(, ~J '-n() -Y'3sy (7/l?/: tf7q- 31 0 z--/~ -~ii (;". <-, '--( 7 (.( -s ~()cr L - /J - { .r ~ f./'7V-t;J7-/ -;/--/f-~, ~ y ',),,-3.7 / cil ',;)/-96 c.f7Y.7 f L G -zk./T'- t.J7t.f-9 2' '"d 2..~- R"*" lIHM 1. 2. 3. 4. 5. 6. UTIIIQN We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: Name Address Phone # ~ 000 ~ 1. ~~ V 1Jr?;1i7~ z..:s ;-o,f" ,v€Zf/t;(;r <..H'-{ _6 (( f...{ z -J 1- ~4 cev2j\~~~ ~~ ~5't/5~ ~ '-I70-oe..{-tf-;. 2..-1~ (;)6 ~ 4 ~~ 3~ w. Swo..':i1 e.t d.';'iS"~ AJ.,.1",j,,~ 470- O'i<( <. zl';sht. '\!fi7i>GTY&; 4. 5u.Sa/I Rett lilJ\ ! ~9fSll tJdsl f1~ 00(' '110 -),,1 <js- "J. {3/q (p ~()@Q)@ 5.fo1~) a.5S3~ Or~aMJ~ '17 C{ if J, 6 f d~S-ft. ~ 6. ~ 4T~ ,-')3/ ~ Ea/l~Juf(). c;71-:7-~?\(, .:z/y46 (f)~~t>~~7. ~~ &5~ ~~dCiAch ~1q.-l~ #,/rttp ro (j)@@ fiJ 8. &m~ B..vb~ 53~S ~e,4.. ~. 1..l10-7""'Q 2./" Jy~ (!) G}(j@@(6) 9.1u~ .~~ 5"331 E.LI,eEJtA 1<0 Lf70 7iV'f ::lI/l/9(, G 3' 4 53 10. k ~ ~ 'LS~"2-'S o~~ w ilr'ibbr 2-jlJ/crro NOTES: R~. 1120'" ... ~A'- ~ v;C i '\, l.~ L- r~,_:-t- ,-1 '~\ SC; ---- ~ . . , .r \ \ i~ .ri '- (V ;.., LJ 7 '--I It C (l 'j ~ETITION 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 3. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Iviinnewashta Elementary School can support additional students associated with that development, or until an additio~al elementary school is approved. 5. 6.- We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ;:. ~ Address Q)2 3 4 5 6 I.lkluit -I ~ Ilk .$31S~U. (!\3 4 5 6 2. g - if, q * J ,F/ ;1 4! 2GJ :II /1 )/ #,1 /1 /t' /1' 1 4 5 6 3. 12 3056 If II /t: h' I'( /I /i 4. 1.3 4&6 5. FI /' It .If )"; .1/ /f 1 2 3 4 5 6 6. 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 5 6 10. Phone # IJm .!J1'IP"1J~t 1:'"'1- rb /I of'/" It "( '/ t/' '7/ J-r //' /? /1 ;/ Re'" 1/201M 1. 2. 3. 4. 5. -- ~TITION We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible, We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shore wood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ Address ~ 1. /'1,'1< (.. "" it;,,' RtontJ."7 -5/..'Ir I!L;n~J.~ R.eI. CiX~'XiY1) 5 6 (r Q"d!@@y 6 1 2 3 4 5 6 4. . 3 4 5 6 5. 1 2 3 4 5 6 6. 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 5 6 10. NOTES: Phone # lli@ Z/ZYjfG. . 'I1Y- / t S- 1- 2. ,JuAn fJCLl..J Is &1,.-, 9- 7'1 -7'Zi,;Y"- 2../21/'1 ( , 5 i.~ IF Ev~ Cf4,- ;?CCi.s." 'A' '1 , 3. <:: L rf:O. ",i.... r _ 'YJ,l.,..d dJL'( ,:;;u''fD (ifff/I.L /c?c.z.. .1-M I.f -/q 28 - 3/Y!?'ff. R-*" II1I1M j., ~ 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka 'Road. 2. We oppose any plans, beyond nonnal resurfacing, for upgrading Eureka Road to M.S.A. standards. 3. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. . We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ ~4@@) 1. ~l(lf" (l;..x. tilt) ~0 4 @)@) 2. 13, 'j ~ (j)cro> ~ r9' ~ 3. .5ft-\:t.-~"S(f1'1- 1 , 3 4 5 6 4. - . 3 4 5 6 5. 1 2 3 4 5 6 6. 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 5 6 10. NOTES: ....... tI2I'" Address Phone # :om . 'I ~q f,,; 4 VIa. qt r-~'t- ,1" -ac)69S~ ~~ ~\~l. l.(-:fo-O'4~ ZSIC-L{f J2d ill .~ Oi 4~ % (; 1-1' /;; ..~ fj I(f!..- /rc,f '17'f - f; 15 J .., , , . . MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Krisli Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331.8927 · (612)474.3236 IvIEMORANDUM . TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 21 March 1996 SBA, Inc. - Request to Test Communications Equipment Property - 5500 Old Market Road SBA, Inc., a consultant representing Sprint Spectrum, is interested in Shorewood's Southeast Area water tower as a potential location for their telecommunication equipment (see attached correspondence).' Any formal action on such a request requires a conditional use permit, under which a number of issues would need to be considered. The Planning Corrunission has been advised of this potential request and has directed staff to schedule the broader topic of telecommunications for a near future study session. . In the meantime SBA has requested permission to conduct equipment testing on the water tower site to determine if the site is even worth pursuing. The testing involves a large boom truck which raises their equipment to the height of the tower. A smaller truck drives around the area testing signals from various distances and locations. Although staff sees no harm is allowing such testing, there are concerns which need to be addressed such as insurance, access, expense for oversight, etc. Staff will address these items at Monday night's meeting. If you have questions prior-to that time, please call me on Monday. cc: Jim Hurm Tim Keane Larry Brown A Residential Communitv on Lake Minnetonka's South Shore ~1 ; 513. \. ~/ \ SBA. lne. . Wireless Communications Consultants 7625 Metro Boulevard. Suite 235 edina. Minnesota S~9 FAX: (612) 830-1924. Phone: (612) 830-1555 National 8& International March 8, 1996 ------. ~:"'(- '~'C=~'" .- ~.."'~ f- !t . 'jl'.- ,~ ' '-\ ,1,-: ( - \::=: i: \" l.::::::;i' \ \ t _t Ie \~ \1---. ~J <oM ~.l 'I' ~\ j\ = -..- '. ',.i \.JI . ...... !u'..!t- I iii \,..~ _.'.\ .. .' ....-.... Il:;\ il! \ j./I........ -' 0, \" \. I U' I - ~ , i 8v -=--' , .J - --;;...---- '-- Mr. Brad Nielson City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Nielson: . .s we have discussed previously, your water tower located at 5500 Old Market Road has been identified as potential site for Sprint Spectrum's wireless telecommunication equipment. Sprint Spectrum would like to build a long-term relationship with the City of Shorewood that will be beneficial to both parties for years to come. I have enclosed a photograph of the water tower upon which we have imposed the equipment so you have a general idea what it might look like. Tne engineers design the equipment to be aesthetically pleasing to each specific site. Sprint Spectrum will conduct radio propagation tests to verify this site meets its specifications. Additionally, Sprint Spectrum will pay all utility charges and phone lines used by it at the tcwer. I have also enclosed Sprint Spectrum's lease proposal and an equipment data sheet for your review. This equipment will be located outside at the base of the water tower, comply with all building and applicable codes and regulations, and be in a fenced-in, secured area or such other location as agreed upon between .e city and our design engineers. "nally, I have enclosed a copy of Sprint Spectrum's certificate of insurance evidencing the general liability, automobile liability and other appropriate insurance coverages. If you have any questions, please feel free to call me at 830-1555. Sincerely, brrlvr~/Jt~ Sonja M. Dusil Site Selection Specialist kerf ~ ...J Enclosures . ~._".". . , ! . · ,:'.:i},:L' ::;7:' .., . 1-- ..,.... ,...,..., . -.- i/~ ; . . -,. "'~7.~~f~~i~~~~:;:'~: -'::.::.:i; ... ..0" .... .... ~w . . . .i . :..y,\ SBA SPRINT SPECTRUM MINNEAPOI.IS Shorewood Water Tower s... HuIIblIr. MS-2Oll-01 5500 Olct M_et ReI. SB~ i:-- l~ fljl'::=::! \V/iI;;i0.L . ,-;:;-. . .:-., ;'-' . '. \\ \':~ -. ~U:J~ li:" .. "', . 0'-0 .....'-. ~ I... ~ . " ", '....i .... .;. SSA. Inc. . Wireless Communications C.lnsuftants i625 Metro Boulevard. Suite 235 Edina, Minnesota 55439 FAX: (612) 83<J..1924 . Phone: (612) 830-1555 ~\ ...:=;-:-:::.-:::;:..:=-=-..::::- National & International March a, 1996 Mr. Brad Nielson City of Shorewood 5755 CountJy Club Road Shorewood, MN 55331 .ear Mr. Nielson: Enclosed is an original of the ETA as you requested. I'm looking forward to hearing from you. Of course, if you have any questions, please give me a call at 830-1555. Sincerely, ~. Cv ~J Sonj~jl Site Selection Specialist .ltcr/ ok- .nclosures . . Site: Shorewood Water Tower Site I.D. MS-208-01 MTA:MS ENTRY AL~ TESTING AGREElVIENT THIS AGREEMENT ("Agreement'') is made and entered into as of the day of . 199 -J by and between City of Shorewood ("Owner') and MajorCo~ L.P ... d/b/a Sprint Telecommunications Venture ("STV''), concerning the following described property owned by Owner ("Property''): 5500 Old Market Road. Shorewood. Minnesota A. STY has an interest in [leasing/purchasing] the Property for use as a tower or antenna site for the receipt and transmission of wireless communications signals; and B. In order for STY to determine the viability and feasibility of the Property as a tower or antenna site it is necessary for employees, agents or independent contractors of STY to enter upon and inspect the Property and/or temporarily locate communications equipment on the Property to conduct short term radio propagation tests, and to make application with local, state and federal governmental entities for approval of the Property as a tower or antenna site; and C. Owner and STY desire to provide for the entry upon, inspection and/or testing activities, and applications concerning the Property pursuant to the terms contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants. undertakings, and other consideration set forth in this Agreement, Owner and STY agree as follows: 1. Consent. Owner consents and agrees that STY, its employees, agents and independent contractors ("Authorized Parties'') may enter upon the Property to conduct and perform some or all of the following activities ("Permitted Activities''): surveys, geotechnical soil borings and analyses, phase I environmentcl audits, boundary surveys, radio propagation stUdies, and such other tests and inspections of the Property which STY may deem necessary or advisable. STVagrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property. 7 Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf to such local, state and federal governmental entities whose approval STY may consider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited to, governmental approvals for zoning variances, rezoning applications, building permits and wetland permits. Owner hereby agrees that an executed copy of this A~eement is as effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such STY" E::try In<l T ~tjng ;1.~;:~e::t 1 v .:~ion Ul. D:ltd ll.30."~ '.\.::': '.verG' c~:::~si:.J.;;! :::'.11. :::.:.::r::~ :.,."jl <.-i: other and funher documents as may be required by the governmental entity in question to evidence Owner's consent to the action which is proposed to be taken. 3. Access. Owner agrees that the Authorized Parties may enter upon the Property to perform the Permitted Activities upon execution of this Agreement and may have access to the Property for up to 6 months. 4. Removal of Property. STV agrees that it will, upon the conclusion of the term of this Agreement remove any equipment installed on the Property as a part of the Permitted Activities, repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and will return the Property to the condition it was in before STY's entry onto the Property. In the event any equipment installed on the Property by STV is not timely removed. Owner will have the right to remove such equipment and STV agrees to be responsible for the reasonable costs of such removal. . 5. Indemnity. STV agrees to indemnify, save harmless, and defend Owner, its directors, officers, employees, and property management agent. if any, from and against any and all claims. actions, damages, liability and expense in connection with personal injury and/or damage to property arising from or out of any occurrence in. upon or at the Property caused by the act or omission of the Authorized Parties in conducting the Permitted Activities. Any defense conducted by STY of any such claims, actions, damages, liability and expense will be conducted by attorneys chosen by STY, and STY will be liable for the payment of any and all court costs, expenses of litigation, reasonab Ie attorneys' fees and any judgment that may be entered therein. 6. Insurance. At Owner's requeSt. STY agrees to provide a cenificate of insurance evidencing STY's insurance coverage. . 7. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the state of Minnesota. without regard to such state's conflict of laws provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.n lVlajorCo, L.P. d/b/a Sprint Telecommunications Venture OWNER: City of Shorewood By: Name: Title: By: Name: Title: STV =:1t:':: ~d T c:sting A.gree:ne::t ,., ".:~:-siGn : J. Do.ted ~ 1-30....:); .'.<~'.\.,~,: ..:~::"':'::::.~;: 5.1vc~~~c: _,;}.,:",~ EOUlP!.VIENT DATA SHEET SPRh'IT SPECTRU1Vl 2900 Lone Oak Parkway, Suite 140 Eagan, MN 55121 WIRELESS COi\'[i\lfUNICA nONS CONSULT A1'fT SBA, Inc. 7625 Metro Boulevard, Suite 235 Edina, JYllnnesota 55439 (612) 830-1555 TECHNOLOGY Personal Communications Services (PCS) iVIINIlV1l.JlVI FOOTPRINT . S pace Required: Approximately 15' x 20' = Three Hundred Square Feet BTS Equipment Weight: Approximately 4000 lbs. Power: 240 vac, 100 amps, single phase Telco: T1 Line from Telco Demarcation RF Ai'l'TENN A Type: Panel Antenna Number: Maximum of 4 per Sector; 12 per Site . Center Line Directions: o Degrees, 120 Degrees, 240 Degrees (True North) Frequency: 1.9 Gbz - (1900 NIhz) Power Output: Approximately 100 - 200 Watts Size: Approximately 7' length x 12" width x 2" depth iVIISCELLAJ.'fE OUS: RoofTop Placement: Equipment and Antenna supports will be pemlanently mounted to the roof or other structure, p~ applicable building codes. Surface penetrations will be made watertight, per applicable building codes. Access: STY will need to have access to the 3T5 equipment for e:::e:-ge::c:esa::.ci rOU!!ne =~~:e::=::e.. 24 hours::. 6:/: se'l,:e::d3.:/s:: ~,;-::-=:.:. Lease Proposaj Initial term: Annual rent Access: Renewal rent Renewal term: 5 years $7,200 24 hours, 7 days/week. increased 15% 4 five-year terms Income generated from the lease calculates to the following substantial figures with no investment on the part of the City: . Initial term ($7,200 x 5) Second term ($8,280 x 5) Third term ($9,522 x 5) Fourth term ($10,950 x 5) Fifth term ($12,592 x 5) $ 36,000 41,400 47,610 54,751 62.954 $242.725 . t_ Af:C)HJ). CERTIFICATE OF INSURANCE ISSUE DolT! :M;\.I':~'~~1 ;rROCUC!A 71 lockton Companies P.O. Box 419::3'51 K4n~4~ City Mo 64141-6351 (91:1) 676-9000 T Q ~I Q' THIS C~RTlFIC~ ra IS ISSUEO ~s ~ ...,~ iTEM OF INFORM~ TION ONl.. 'f :'.'10 CONF:RS NO RIGHTS UPON THE CERTIFIC~ iE: HOLOeR, "iHIS CERilFiC . .a ooes NOT AMEND. E.XTafD OR ~L TaR THE COVERAGe ~FFORDeo BY r'He FOLJCIES BELOW. COMPANIES AFFORCING COVERAGE C::MP.4NY A 1.!i'7'1ii'l TIG INSURANCE: COr-:PANY INSURea 4256 MAJcr.~CO, L.P. ETAL c/o RI$( MANAGE11ENT DE?T. 2::i30 SHAWNEE l1ISSION PARKWAY WESiWOOO, KS 6620S COMP.4NY 8 l.:i'7'cl'l COMP.>.NY C l.:r;cl'l CC\lPANY 0 l.!i'7'!l'l CCMP.4.'lY E l.!Tlc:i'l OVE~AGE:S 9E 'iHIS:5 TO CERTIFY THAT THE ?OLICIES OF INSURANCE !.ISn:O eaow HAve eEEN Issueo .0 THE INSUREO NAMEO ASavE;:OA THE ?OI.ICV ?;::;:OO INOIC':' iEO. NOTWITHST ANOING ANV REOUIREMENT, i:RM OR CONOITION OF ANY CONTRACT OR OTHE.=I OOC:,JMENT WITH rles;:teCT TO WHICH ~lS CERnFlC~ iE MAYSE ISSUEO OR MA V i'e::lT AIN. 'iHE IN~UFlANCE AF;:ORoeo :IV 'iHE i'OUCIES oeSCRlseo HERE!N IS SUBJECT TO Al.l. i"riE iE:;:':S, ;XCl.USIONS AND CONDITIONS OF SUCH ?OUCIES, l.IMltS SHOWN MAY HAVE 3EEN RECUCEO 6Y ?AIO CLAIMS. .pe OF INSURANce POUCY HUMa!l'l POUCY en=:cnve POUCY 5XPIRA nON UAlITS l'I 0.1. T! (MMlOCIYYJ 04 TE (MMIOOIYVl G!Ne~.4l. UASIUTY X C::UMEi'lCIAl. GcNE"....l. UAS/UTY 35028179 Cl.A/MS ........OE X OCCUR. OWNER'S ;\ CONTRAC-:-OR.S PROTo 07/01/95 GE.'1E:Ul..4GGi'lEGATe s 1.,000,000 07/01/96 iORCOUas.coMPtC1UGa. $ 5.000,000 iO~:;S(l~l. '" AOV. INJURY S 1.,000,000 e;.C:-t OC::URRENC:: $ 1.. 000, 000 ~Re O,uu,Gi (....rty OM lira, $ 250.000 ue. iXl'ersi (Arty - =--t s . QOP .4UTO.\I0S/1.! l.IAS/UTY X A:lY AUTO Al.l. OWN eo AUTOS SClieOUl.!O ....UTOS HllIeo AUTOS NCN.QWNeo AUTOS G.:.AAOE WAS/UTY 35028179 C::lMemeo SING!.! S 07/01195 07/01196 u,I.IIT 1,000,000 aOOll. Y INJURY $ (p., :let'SGll' XXXXXXXXX acoll.. Y INJURY S (p., ==lUltq XXXXXXXXX !tAO~rv OAMAGe $ y y VYV'YV iAOt CCCURRENC:: $ XXXXXXXXX AGGReGATe s XXXXXXXXX SIUTY NOT APPLICABLE On.ER 1'JotAN UMSl'let..l.A FORM WORKl!R.S COMP!HSAT10N AND e...p1.0yeRS. UASIUTY X STATUTORY UMlTS 5AQI ACClOENT O/SliAU-;I(lUcy tJMl1' OISiASl-CACli eMflt.OYU 80420678 (AOS) 07/01/96 s 500,000 s 500,000 s 07/01/95 OTHeR LIMITS SAl1E AS ABOVE WORKERS 80420679 COf'CP94SATION m) Ci'lI:'nON OF OPeif.... T10HS/l.OC.l TlONSlVaHICI.!SlSP!C1Al. ITe....S 07/01/95 07/01/96 TIFIC). iE HOLOEM " <--.. :' ... r"- /" ae C.:......CSl.I.EO =E::O~: 7'H; ?ANY 'Nil..!. ENOi...VC.:; TO .' 112269 TO WHeN IT CONCERNS :""T=HCLOE~ N.:-,\IE~ ro iH: IMPOSE NO C:'...JO';' 7';C'; ,:;:; :N7S OM ~=?~=5=:'-r;-';'7;'!:5. -- ..,.-~ ~-....,---...-~ -...;:: "MI"7'''''~;~;. ~. ~- ,.~ I I I I I , I : i i I I I i I i j I ! .. . CKNO 18048 18049 18050 18051 18052 18053 18054 18055 18056 18057 18058 18059 18060 18061 18062 18063 18064 18065 18066 18067 18068 18069 18070 18071 18072 18073 18074 18075 18076 18077 18078 18079 18080 18081 18082 18083 18084 18085 18086 18087 18088 . CHECK APPROVAL LISTING FOR MARCH 25, 1996 COUNCIL MEETING CHECKS ISSUED SINCE MARCH 6, 1996 TO WHOM ISSUED Pl.lFF03E US POSTMASTER NEWSlETTER POSTAGE MN DEPARTMENT OF REVENUE FEBRUARY SALES TAX ARMOR LOCK & AlARM QUARTERLY MONITORING- TB L1Q BROWNING FERRIS IND. WASTE REMOVAL METRO COUNCIL ENVIRONMENT FEBRUARY SAC AT&T WIRELESS SERVICES ACCESS CHARGES NQR1l;ERN STATES POWER UTlUTIES PEPSI COLA COMPANY POP MACHINE RENTIMISC SUPERAMERlO\ RJR AIR REFRlGERAllON COOLER MAINTENANCE BELLBOY CORPORATION llQUOR BELLBOY BAR SUPPLY SUPPUES MIDWEST COCA-coLA COMPAN'I MSC DAY DISTRIBUTING BEEAlMISC EAST SIDE BEVERAGE COMPANY BEEAlMISC GRIGGS, COOPER & COMPANY UOUORIWINE JOHNSON BROS UOUOR CO WINE LAKE REGION VENDING MSC LEEF BROS. MAT CLEANING L1NDERHOlM TRUCKING FREIGHT MARK VII BEEAlMISC PAUSTIS & SONS WINE PHILLIPS WINE & SPIRITS L1QUORIWINE QUALITY WINE & SPIRITS 'UQUORIWINElBEER THORPE DISTRIBUTING CO. BEEAlMISC US POSTMASTER BUSINESS REPLY PERMIT Perry CASH PETTY CASH FIRST STATE BANK FED/FICA TAX PERA PEPA ICMA RETIREMENT TRUST -457 DEFEAREDOOMP CITY COUNlY 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 ANIMAL HUMANE SOCIETY IN MEMORY OF HELEN PAZANDAK AT&T LONG DISTANCE CONNIE BASTYR 8LDG EXPENSES KATHLEEN HEBERT SEC 125 REIMB HOIGAARD'S CUSTOM CANVAS REPLACE TB CANVAS AWNING BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTILITIES AMOUNT $511.57 9,563.00 145.12 27.00 4,207.50 11.21 1,118.17 137.45 861.59 120.00 2,747.45 26.52 544.91 4,181.15 7,108.25 3,280.64 2,402.56 187.22 25.17 252.80 2,883.07 90.00 3,309.09 1,015.80 3,240.05 290.00 79.25 6,890.74 2,166.67 946.30 817.00 98.50 139.44 1,165.96 25.00 5.49 17.25 192.31 1,149.00 100.00 1,992.03 Page 1 . . CKNO 18089 18090 18091 18092 18093 18094 18095 18096 18097 18098 18099 18100 18101 18102 18103 18104 18105 18106 CHECK APPROVAL USTING FOR MARCH 25, 1996 COUNCIL MEETING CHECKS ISSUED SINCE MARCH 6, 1996 TO WHOM ISSUED JOSEPH PAZANDAK PEPSI COLA COMPANY US POSTMASTER US WEST BELLBOY CORPORATION BELLBOY BAR SUPPLY GTE DIRECTORIES GRIGGS, COOPER & COMPANY JOHNSON BROS UOUOR CO LAKE REGION VENDING LEHMANN FARMS MARUN'S TRUCKING PAUSTIS & SONS PHIWPS WINE & SPIRITS QUALITY WINE & SPIRITS VAL-PAK THE VICTORIA GAZElTE WINE MERCHANTS PlJRFa)E MILEAGE MISC DEPOSIT -SRM SNOWMOBILE SW COMMUNICATIONs/ADVERTISING UQUOR SUPPUESlMISC ADVERTISING UQUORIWINElMISC L/QUORIWINE MISC MISC FR8GHT WINE UQUORIWINE UQUORIWINE ADVERTISING ADVERTISING WINE TOTAL CHECKS ISSUED Page 2 AMOUNT $60.24 108.45 500.00 1,159.54 2,375.75 489.50 84.10 3,840.26 2,498.84 255.30 50.73 107.20 187.00 1,922.06 2,671.34 485.00 41.25 214.33 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR MAR" 25, 1996 COUNCIL MTG CHECKlf VENDOR NAME DESCRIPTION DEPT" AMOUNT M~_______ _________________________ ________________________ ________ ___________ 18107 ABM EQUIPMENT & SUPPLY EQUIP MAINT SUPPLIES 18108 ANCHOR PAPER COMPANY PAPER 18109 BIFFS, INC" PORTABLE TOILET RENTAL 18110 BUSINESS HEALTH SERVICES BREATH TEST 18111 CHAMPION AUTO STORE lf344 TRANSMISSION FLUID GASKET MATERIAL *** TOTAL FOR CHAMPION AUTO STORE 18112 COLLINS ELECTRICAL SYSTEM LIGHT OUT-7/VINEHILL ~8113 COORDINATED BUSINESS SYST TONER/STAPLES ~8114 CROSSTOWN-OCS, INC" COFFEE 18115 MN DEPT OF REVENUE HAZ WASTE BASE TAX 18116 DRISKILL'S SUPER VALU SNOWMOBILE TASK FORCE 18117 ERICKSON, ROLF E.A. APRIL ASSESSOR FEE PUB WKS 2,081"10 GEN GOVT 143.19 PARKS & 4.23 26.00 CITY GAR 35.53 CITY GAR 11.70 47.23 TRAF CON 106"20 GEN GOVT 112.35 MUN SLOG 77.97 CITY GAR 50.00 -.......-.--..--....- 29.51 PROF SER 3,669"16 18118 EXCELSIOR-CITY OF 1ST QTR JTU$E SEWER FEE SEWER DE 1,932.85 SIGNAL - OAK ST ' TRAF CON 126"62 *** TOTAL FOR EXCELSIOR-CITY OF 2,059"47 18119 EXCELSIOR ROTARY CLUB MAP FOR CHAMBERS 1ST QTR DUES LUNCHES FOR EXCELSIOR ROTARY . *** TOTAL 18120 FEED-RITE CONTROLS, INC. CONTAINER RENTAL 18121 GLOBAL EQUIPMENT LOCKOUT SAFETY KIT COUNCIL ADMIN ADMIN 55.00 40.00 104.00 199.00 CLU WATER DE 15.00 CITY GAR 99.27 18122 HART FORMS & SYSTEMS UTILITY BILLS/WATER CARD WATER DE 534.86 UTILITY BILLS/WATER CARD SEWER DE 389"15 *** TOTAL FOR HART FORMS & SYSTEMS 924"01 18123 HENNEPIN COUNTY TREASURER SC FOR SPECIAL ASSESSMEN GEN GOVT 3.00 SC FOR SPECIAL ASSESSMEN WATER DE 133.50 SC FOR SPECIAL ASSESSMEN SEWER DE 110.80 SC FOR SPECIAL ASSESSMEN RECYCLIN 111.00 SC FOR SPECIAL ASSESSMEN -------- 84.00 FOR HENNEPIN COUNTY TREA 442"30 *** TOTAL 18124 HOPKINS PARTS COMPANY BRAKE PADS PUB WKS 37.49 OIL FILTERS CITY GAR 154.04 *** TOTAL FOR HOPKINS PARTS COr1PAN 191.53 18125 INSTY-PRINTS rJ,EI,JSLETTERS Page 3 COLli",le I L 910.10 ~.. . CITY OF SHORE WOOD CHECK APPROVAL LIST FOR MAR. 25, 1996 COUNCIL MTG CHECK!t VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- -~--~------ 18126 INTNL SECURITY PRODUCTS GATE LATCH 18127 KAR PRODUCTS SHOP SUPPLIES 18128 LONG LAKE POWER EQUIPMENT CHAIN SAWS CHAIN SAWS *** TOTAL FOR LONG LAKE POWER EQUI 18129 LOVIN' OVEN BAKERY CAKE-DON'S RETIREMENT 18130 MTI DISTRIBUTING COMPANY MOWER DECK PARTS 18131 M C I TELECOMMUNICATIONS LONG DISTANCE .132 METRO COUNCIL WASTEWATER APRIL TREATMENT 18133 METRO WEST INSPECTION SVC FEB INSPECTIONS 18134 MINNETONKA COMMUNITY CITY GAR 69.76 CITY GAR 163.55 PUB WKS 78~26 CITY GAR 15.96 94.22 COUNCIL 34.50 PUB WKS 53.63 MUN BLDG 19.03 SEWER DE 40,059.00 PROT INS 100.00 18135 MOUND-CITY OF 95 SUMMER REC PROGRAMS PARKS & 3,960.58 2ND QTR FIRE PROTECTION FIRE PRO 18136 MUNITECH, INC. APRIL MAINTENANCE APRIL MAINTENANCE *** TOTAL FOR MUNITECH, INC. 18137 NAVARRE TRUE VALUE SHOP SUPPLIES SHOP SUPPLIES *** TOTAL FOR NAVARRE TRUE VALUE 411f138 ORR,SCHELEN,MAYERON!ASSOC JANUARY ENGINEERING JANUARY ENGINEERING JANUARY ENGINEERING JANUARY ENGINEERING JANUARY ENGINEERING JANUARY ENGINEERING FOR ORR,SCHELEN,MAYERON! *** TOTAL 18139 PERSONNEL DECISIONS, INC. POSITION PROFILES 18140 POTTS, KENNETH N. FEBRUARY PROSECUTIONS 18141 PRYOR RESOURCES, INC MGMT SKILLS-L. NICCUM 18142 RIVER VALLEY AUTO PARTS FITTING - !t15 18143 ROLLINS OIL CO. ENGINE OIL 18144 SHORE WOOD ~REE SERVICE TREE REMOVAL 18145 SO LK MTKA PUB SAFETY DEP PICTURES .J(:~N BOOKING F"!:::E Page 4 1,790.75 WATER DE 4,550.00 SEWER DE 1,950.00 6,500.00 PUB WKS 3.94 CITY GAR 21.39 25.33 WATER DE 1,583.50 -------- 2,428.00 -------- 567.50 -------- 23,319M23 -------- 665.00 -------- 32.50 28,595.73 ADMIN 455.00 PROF SER 1,508.33 195.00 PUB WKS 6.42 CITY GAR 792.99 TREE MAl 579,.50 COUi'~CIL POLICE P 4. ]<.] :2.17,<~:5~2 ......A. CITY OF SHOREWOOD CHECK APPROVAL LIST FOR MAR. 25, 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -~------ ------------------------- ------------------------ -------- ----------- APRIL PAYMENT POLICE P 36,046.29 *** TOTAL FOR SO LK MTKA PUB SAFET 36,268.85 18146 SUBURBAN TIRE CO., INC. TIRES CITY GAR 73.83 REPAIR TIRES PUB INKS 13.76 *** TOTAL FOR SUBURBAN TIRE CO., 1 87.59 18147 TIME SAVER OFF SITE SEC MINUTES MINUTES *** TOTAL FOR TIME SAVER OFF SITE PLANNING 262.00 GEN GOVT 430.25 692.25 18148 TWIN CITY WATER CLINIC WATER TESTING WATER DE 20.00 18149 UNITOG RENTAL SERVICES ~150 MN COUNTIES INS. TRUST UNIFORMS CITY GAR 501.63 FEB DRUG TESTS 46.00 18151 MN SUN PUBLICATIONS LEGAL ADS GEN GOVT 150.42 LEGAL ADS -------- 63.32 *** TOTAL FOR MN SUN PUBLICATIONS 213.74 *** -TOTAL CHECKS FOR APPROVAL 134,021.00 *** TOTAL CHECK APPROVAL LIST 215,144.12 . Page 5 ****TOTALS**** 19639_96 Page 6