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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 22, . 1997
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Dahlberg___
Stover
McCarty_
O'Neill
Garfunkel
B. Review Agenda
2. APPROVAL OF MINUTES
City Council Regular Meeting Minutes September 8, 1997 (Att.-#2Minutes)
3. CONSENT AGENDA - Motion to.approveitems 011 Consent Agenda & Adopt
Resolutions Therein:
A Motion to Adopt a Resolution Accepting the Minnewashta Elevated Storage
Tower and Authorization of Final Payment for Storage Tower (Att.-#3Engineer's
Memorandum & Proposed Resolution)
4 . MATTERS FROM THE FLOOR (No Council action will.be taken.)
5 . P ARKS- Report by Representative
A. Report on the Park Commission Meeting Held September 9 (Att.-#5 Draft
Minutes)
B. A Motion. to. Adopt. a Resolution Making an Appointment to the Park
Foundation (Att.-#5B Proposed Resolution)
C. A Motion Approving an Agreement for Professional Services. with Mark
Koegler (Att.-#5C Proposed Agreement)
6 . PLANNING - Report by Representative
A. A Motion to Adopt a Resolution Regarding a COll.ditionalUse Permit for
Accessory Space Exceeding 1,200 Square Feet (Att.-#6A.Planner's
Memorandum & Proposed Resolution)
Applicant: . Charles & Carol Crandall
Location: 5715 Kathleen Court
,
CITY COUNCIL AGENDA -. SEPTEMBER 22, 1997
PAGE 2 OF 2
B. A Motion to Direct Staff to Prepare Findings of Fact Regarding Concept
Plan Review of Planned Unit Development for Senior Housing Community
(Att.-#6B Planner's Memorandum)
Applicant: Eagle Crest Northwest
Location: 25600 Highway 7 & 6140 Eureka Road
7 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ACCEPTING. A PETITION AND LEVYING FOR. WATERMAIN
SPECIAL ASSESSMENTS- MARSH POINTE (Att.-#7 Proposed
Resolution)
8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
RECOMMENDING TO THE MINNEHAHA CREEK WATERSHED
DISTRICT DENIAL OF AV ARIANCE REGARDING PROPERTY
KNOWN AS 5400 EUREKA ROAD (Att.-#8 Proposed Resolution)
9. CONSIDERATION OF AMOTION TO ADOPT AN ORDINANCE
ESTABLISIDNG. A SPEED LIMIT ON THE LRT (REGIONAL
TRAIL) (Att.-#9 Administrator's Memorandum & Proposed Ordinance)
10. ADMINISTRATOR & STAFF REPORTS
A. Staff Report on Development Monitoring
B. Regional Forum of Local Official (Att.-#lOB Meeting Notice)
11. MAYOR & CITY COUNCIL REPORTS
12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#12)
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SHOREWOOD ONE HOME OWNERS ASSOCIATION
NOTICE TO ATTEND THE
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 22, 1997
7 :30 P.M.
SHOREWOOD CITY HALL
HERE WE GO AGAIN! ANOTHER HIGH
DENSITY DEVELOPMENT IN OUR
NEIGHBORHOOD.
All residents that live in Shorewood Precinct One should attend the City Council Meet-
ing on Monday, September 22nd to REJECT the 80 unit Development on the corner of
Eureka Road and Highway #7. This high density development is 5 times greater than
our adjacent residential density and is being sent to the City Council from the Planning
Commission for Concept Stage Approval. The number of units in this 14+ acre devel-
opment nearly equals the current number of Residential Homes in all the rest of our
area. This is insane no matter what type of housing is being proposed. With recent
attempts to establish higher densities in residential areas, it is essential that residents
protest this yearly assault on our residential neighborhoods and all the other problems
which go along with high density developments.
A major problem for all of us will be the increase of traffic on Eureka and
Yellowstone Trail. Given the high density of this development there will be an addi-
tional 400 average daily trips on these roads. This coupled with the closing off of sev-
eral accesses to Highway 7 and Yellowstone Trail coincidentally being extended to
Eureka Road and coming out at the only entrance to this development spells disaster.
We don't want greater wait times to get onto #7, significantly increased traffic on our
streets, nor our families safety to be jeopardized.
We need your support to defeat this development and all developments which
would ruin our semi-rural residential neighborhoods. The new majority on the city
council pledged, "We pledge to retain the uniqueness of Shorewood (country I village
atmosphere) and oppose plans to urbanize the city by pursuing high density housing
and related projects." OK, let's hold them to their promises!
See you at.the City Council Meeting!
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SHOREWOOD ONE HOME OWNERS ASSOCIATION
NOTICE TO ATTEND THE
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 22, 1997
7 :30 P.M.
SHOREWOOD CITY HALL
HERE WE GO AGAIN! ANOTHER HIGH
DENSITY DEVELOPMENT IN OUR
NEIGHBORHOOD.
All residents that live in Shorewood Precinct One should attend the City Council Meet-
ing on Monday, September 22nd to REJECT the 80 unit Development on the corner of
Eureka Road and Highway #7. This high density development is 5 times greater than
our adjacent residential density and is being sent to the City Council from the Planning
Commission for Concept Stage Approval. The number of units in this 14+ acre devel-
opment nearly equals the current number of Residential Homes in all the rest of our
area. This is insane no matter what type of housing is being proposed. With recent
attempts to establish higher densities in residential areas, it is essential that residents
protest this yearly assault on our residential neighborhoods and all the other problems
which go along with high density developments.
A major problem for all of us will be the increase of traffic on Eureka and
Yellowstone Trail. Given the high density of this development there will be an addi-
tional 400 average daily trips on these roads. This coupled with the closing ofT of sev-
eral accesses to Highway 7 and Yellowstone Trail coincidentally being extended to
Eureka Road and coming out at the only entrance to this development spells disaster.
We don't want greater wait times to get onto #7, significantly increased traffic on our
streets, nor our families safety to be jeopardized.
We need your support to defeat this development and all developments which
would ruin our semi-rural residential neighborhoods. The new majority on the city
council pledged, "We pledge to retain the uniqueness of Shorewood (country / village
atmosphere) and oppose plans to urbanize the city by pursuing high density housing
and related projects." OK, let's hold them to their promises!
See you at the City Council Meeting!
;EP..-22' 97(MON) 10:33
********************
TEL:612 421 9511
P.004
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 16, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
\)~I\~'
CALL TO ORDER
Chair Pisula called the meeting to order at 7:04 p.m.
ROlL CALL
Present:
Chair PisuIa; Commissioners Champa, Kolstad. Lizee and Turgeon; Planning
Director Nielsen; Council Liaison O'Neill
Absent:
Commissioners Borkon and Foust.
APPROVAL OF MlNUTES
Turgeon moved, Lizee seconded approving the Planning Commission Minutes of August 26,
1997, as amended on Page 2, Paragraph 9, change "burming" to "benning." Motion passed
4/0. .(Commissioner Champa abstained.)
Turgeon moved, Champa seconded approving the Planning Commission Minutes of
September 2,1997, as amended on Page 2, Paragraph 6, add "Commissioner Kolstad noted
there may be any number of additional signs which could also be affected. II Motion passed
5/0.
Planning Director Nielsen suggested changing the order of the agenda for the benefit of those who
were in attendance relative to the discussion of Concept Plan of Planned Unit Development for Senior
Housing Conununity.
1. DISCUSS CONCEPT PLAN OF PLANNED UNIT DEVELOPMENT FOR SENIOR
HOUSING COMMUNITY
Applicant:
Location:
Eagle Crest Northwest
25600 Highway 7 and 6140 Eureka Road
The Commission reviewed the motion of the September 2. 1997) Meeting of the Planning
Commission relative to this issue and made the following modifications and clarifications.
Commissioner Turgeon noted the reference to density range relates to the RIA and Rl C zoning areas
and further discussion will be necessary to detennine whether those units will be considered whole
or half units in a specific zoning district.
;EP. :22' 97(MON) 10:34
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TEL:612 421 9511
P. 005
PLANNING COMMISSION MINUTES
SEPTEMBER 16. 1997 - PAGE 2
Commissioner Kolstad asked if there is any precedent for two zoning districts combining into one
project resulting in the two densities being combined and spread equally over the two areas. Nielsen
stated often times when a zoning boundary divides a single parce~ there are rules relative to extending
the zoning one way or the other. The zoning line cuts units 38 through 47 almost in half If the line
is shifted to the west, even less of the units would be in the RIA portion of the site.
Commissioner Lizee felt the uI1its would need to be counted with half of the units in the RIA district
and halfin the RIC district since each unit is being plotted with its own property.
Commissioner Kolstad asked what the impact would be of moving the units so they are completely
within the RI C district. Nielsen explained most of the land for each of the units is under the building.
Commissioner Kolstad believed the homeowner would own the property to the street. Nielsen noted
this was not his understanding. Council Liaison was in agreement with Commissioner Kolstad.
Commissioner Turgeon did not feel this would make a difference.
Nielsen felt it would be practical to count half of the lots in each zoning district.
Cnmmk~ioner Kolstad noted the zoning ordinance refers to the number of residences in a particular
zoning district rather than the number oflots.
Commissioner Champa stated he was also in agreement with splitting the units between the two
zoning districts.
It was agreed: Density range is acceptable as long as it is in compliance with the Shorewood
Zoning Ordinance, staying within the RIA and RlC zoning guidelines; calculated with 19
units in the RIA district and 61 units in the RlC district. Six units are split between the
zoning districts and half are in RlC and half in RlA; compliance with the MCWD drainage
requirements in terms of quantity and quality of stormwater run off; ponding must be
adequate to handle impervious sunace; land swap between the park and the development can
be IegaIIy perf'ormed; trail system is integrated into the park (see report frolQ Park
Commission Minutes or August 12, 1997); tree preservation and reforestation requirements
are met; ownership and maintenance of the internal streets needs to be resolved to include
parking and street width;
Commissioner Kolstad questioned why it is acceptable to allow for a street which is narrower than
a normal residential street. Nielsen explained it is the recommendation of the Fire Marshall that the
streets be designated a! no parking although parking is allowed on public streets. Commissioner
Kolstad would like to allow some on-street parking. Conunissioner Lizee expressed concern this
would encourage parking from individuals utilizing Freeman Park. A final determination will be
sought from the Fire Marshall relative to the 22-foot width of the Street.
. ;EP. :22' 97(MON) 10:35
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TEL:612 421 9511
P. 006
PLANNING COMMISSIONMlNUTES
SEPTEMBER 16,1997 - PAGE 3
It was also agreed: Wetland delineation and compliance with wetland ordinance; water flow
determination; this particular project is one which is not intending to have services and it is
understood the age limitation will be 61 years;
Commissioner Turgeon inquired whether a younger spouse would be permitted. Nielsen stated the
current ordinance provides for a caregiver which is limited to 30 days. For a younger spouse to be
permitted, an ordinance amendment would be required. The consensus of the Commission was to
request the Council review tbis issue.
It was further agreed: Explore ways to maintain affordability as defined by Sborewood and
Metropolitan Council for the area;
Commissioner Kolstad noted this issue has to do with any resale of the property in which the price
could increase and no longer be considered affordable. Commissioner Champa felt this referred to
up front costs such as park dedication. Nielsen commented the value will increase with inflation.
Generally the value of single family homes increases because of improvements and expansions which
are made to the home and the proposed units would not be able to be expanded.
Commissioner Kolstad suggested a determination be made relative to the reduction of fees for park
and sewer charges and whether they ate mandatory or available.
It was agreed: Investigate traffic impact and resolutions to the impact; location of streets and
pedestrian circulation to be addressed in the development stage.
It was also agreed the following will be deleted from the motion: "Location or public and open
common space; loeation and extent of residential and nonresidential land uses; staging of
development; special development criteria; and subject to review of the Planning Commission
on September 16, 1997."
Champa moved, Turgeon seconded accepting the revised wording or the motion. Motion
passed 5/0.
2. PUBLIC HEARING. APPEAL REGARDING ZONING VIOLATION LETTER
(Tabled at Planning Commission Meeting of September 2, 1997)
Appellant:
Location:
Howard's Point Marina
5400 Howard's Point Road
Commissioner Lizee stated she is in favor of the amendment as proposed. Commissioner Turgeon
commented on the 20 year requirement and questioned where the burden of proof lies. Nielsen
explained infoonation would have to be gathered and it would ultimately be left to the City Council
to determine how long a sign has been in place.
;EP. ~22' 97(MON) 10:35
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TEL:612 421 9511
P. 007
PLANNING COMMISSION:M1NUTES
SEPTEMBER 16~ 1997 - PAGE 4
Commissioner Kolstad questioned why an ordinance amendment is being considered. She also asked
why the Conunission is attempting to accommodate the marina. Commissioner Champa felt it to be
a safety issue and the subject sign serves its purpose.
Commh~sioner Kolstad stated the City has a very clear ordinance. She expressed concem there would
be additional requests for changes to the ordinance.
Commissioner lliee felt this to be a safety and aesthetics issue. She felt there to be a need for a
directional sign given the number of residents who look for the marina.
Commissioner Champa pointed out the sign has become a part of Shorewood and it is used as a
directional point. He also stated there are other areas in the city which have signs located in the right
of way areas.
Commissioner Turgeon felt this to be a way to reach a compromise which takes the advertisement
effect out of the sign and makes it a simple directional sign noting the location of the marina.
Commissioner Kolstad did not believe there to be an overriding justification for changing the
ordinance. She stated an amendment could prompt more requests for changes. Commissioner
Turgeon stated that overall she has no problem with the amendment other than the 20 year
requirement.
Chair Pisula opened the public hearing at 8:09 p.m. Hearing no public testimony~ the public hearing
was closed at 8:09 p.m.
Champa moved, Lizee seconded approving the ordinance provisions as amended. Motion
passed 4/0. (Commissioner Kolstad was the dissenting vote.)
3_ PUBUC HEARING - ZONlNG ORDINANCE TEXT AMENDMENT RELATIVE TO
SIGNS (Tabled at Planning Commission Meeting of September 1, 1997)
Applicant:
Location:
Evangelical Lutheran Church of Our Savior
23290 State Highway 7
** Agenda Items 3 and 4 were considered simultaneously. III 11II
Commissioner Kolstad stated Shorewood is a rural residential area and felt the proposed signs are
too commercial for the area. In addition~ she stated she would not be in favor of internally lit signs.
Commissioner Turgeon stated she would not be opposed to the sign for the senior center ifit were
in front of the building or on the building. She was not in favor ofit being located on County Road
19.
;EP. -22' 97(MON) 10:36
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TEL:612 421 9511
P. 008
PLANNING COMMISSION MINUTES
SEPTEMBER 16. 1997 - PAGE 5
Chair Pisula stated he would not mind having the sign located on Highway 7, but he would not want
the sign located on Smithtown Road.
Planning Director Nielsen stated the language will read, "Such freestanding sign may be indirectly
illuminated and shall not exceed a height of eight feet (8') above grade. II
With respect to the wall sign being requested by the church, that sign would also be indirectly
illuminated. Internally lit signs will not be pennitted.
llil'mination time VIas discussed and Conunissioner Lizee suggested the illumination time be set from
12:00 midnight to 6:00 a.m. It was also suggested the illumination time be consistent with the
Waterford Shopping Center which is 11 :00 p.m. to 6:00 a.m.
Commissioner Champa did.not feel there should be a time limitation on the signs. Commissioner
Kolstad felt someone could come in for an exception if there is a problem. Commissioner Turgeon
felt ifthere is light located around a building. there would be a reduction in vandalism.
With respect to the size of the signage~ Nielsen explained the church is proposing a sign which would
be 2.5 percent of the total building silhouette. The proposed amendment would allow for a sign
which shall not exceed 5 percent of the building silhouette. The Commission was in agreement
relative to the 5 percent provision.
Lizee moved, Turgeon seconded approving the zoning text amendment relative to signs for the
Lutheran Church of Our Savior, 23290 State Highway 7, with Planning Director Nielsen's
rer:ommended changes, deleting" or internally" from subsedion (b); and adding "Section n
Indirectly illuminated. ,t Motion passed 5/0.
4. DISCUSS AMENDMENT TO SIGN ORDINANCE RELATIVE TO SOUTHSHORE
SENIOR/COMMUNITY CENTER
U Considered with Agenda Item No.3 u
5. :MATfERS FROM THE FLOOR - None
6. REPORTS
Commissioner Champa reported on the informational meeting held by the City Council on September
15th relative to the project being proposed by Evan Meline (as detailed in the Minutes of that
meeting).
Commissioner Turgeon reported on the September 8~ 1997~ meeting of the City Council (as detailed
in the Minutes of that meeting).
r
;EP. -22' 97(MON) 10:36
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TEL:612 421 9511
P. 009
PLANNING COMMISSION MINUTES
SEPTEMBER 16, 1997 - PAGE 6
Commissioner Lizee reported on the September 6, 1997, meeting with the Lake VIrginia
Neighborhood (as detailed in the September 9. 1997, Minutes of the City Council).
The October work session was scheduled for October 21. 1997, at 7:00 p.m.. rather than October
14, 1997.
7. ADJOURNMENT
Lizee moved~ Turgeon seconded to adjourn the meeting at 9:12 p.m. Motion pasled SlO.
RESPECTFULLY SUBMITTED.
Cheryl Wallat
Recording Secretary
TImeSaver Off Site Secretarial
.'
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SHOREWOOD ONE HOME OWNERS ASSOCIATION
NOTICE TO ATTEND THE
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 22, 1997
7 :30 P.M.
SHOREWOOD CITY HALL
HERE WE GO AGAIN! ANOTHER HIGH
DENSITY DEVELOPMENT IN OUR
NEIGHBORHOOD.
All residents that live in Shorewood Precinct One should attend the City Council Meet-
ing on Monday, September 22nd to REJECT the 80 unit Development on the corner of
Eureka Road and Highway #7. This high density development is 5 times greater than
our adjacent residential density and is being sent to the City Council from the Planning
Commission for Concept Stage Approval. The number of units in this 14+ acre devel-
opment nearly equals the current number of Residential Homes in all the rest of our
area. This is insane no matter what type of housing is being proposed. With recent
attempts to establish higher densities in residential areas, it is essential that residents
protest this yearly assault on our residential neighborhoods and all the other problems
which go along with high density developments.
A major problem for all of us will be the increase of traffic on Eureka and
Yellowstone Trail. Given the high density of this development there will be an addi-
tional 400 average daily trips on these roads. This coupled with the closing ofT of sev-
eral accesses to Highway 7 and Yellowstone Trail coincidentally being extended to
Eureka Road and coming out at the only entrance to this development spells disaster.
We don't want greater wait times to get onto #7, significantly increased traffic on our
streets, nor our families safety to be jeopardized.
We need your support to defeat this development and all developments which
would ruin our semi-rural residential neighborhoods. The new majority on the city
council pledged, "We pledge to retain the uniqueness of Shorewood (country I village
atmosphere) and oppose plans to urbanize the city by pursuing high density housing
and related projects." OK, let's hold them to their promises!
See you at the City Council Meeting!
-~JS EVebCP-h;
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CITY OF
SHOREWOOD
MAYOR
Tom Dahlberg
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net
Agenda Item #5B: This resolution fills the vacancy on the Shorewood Parks Foundation caused when
Sandy Trettel resigned from the Park Commission. The Commission is recommending Ann Packard
to take her place on the Foundation. This resolution makes that appointment.
Agenda Item #5C: This motion would be to authorize a letter of agreement with Hoisington Koegler, Inc.
dated September 3, 1997 for basic park and trail planning services, and a letter of agreement dated
September 4, 1997 specifically outlining the work ne'cessary to update the Shorewood's Trail Plan.
Agenda Item #6A: Charles Crandall requests approval to build a detached garage on his property at 5715
Kathleen Court. Since the area of the new garage, combined with an existing attached garage and a
hot tub shelter, exceeds 1200 square feet, the applicant has requested a conditional use permit. The
Planning Director's memo concludes that the request is consistent with the criteria set forth in the
Zoning Code. The Planning Commission recommends unanimously to approve the C.D.P. Council
approval requires a four-fifths vote.
Agenda Item #6B: Eaglecrest Northwest has requested a conditional use permit to construct 80 units of
senior housing on approximately 16 acres of land located in the northwest quadrant of the intersection
of Highway 7 and Eureka Road. The Zoning Code requires such projects to be processed as planned
unit developments. The Planning Commission initially tabled the matter from 5 August to their 2
September meeting, during which time they held a special informational meeting for seniors. The
Commission has now recommended unanimously to approve the concept stage plan for the project,
subject to a number of conditions. The Council needs to direct staff to prepare a findings of fact.
Approval by the Council requires a four-fifths vote.
Agenda Item #7: This resolution levies a special assessment of $5,000 per lot for the Marsh Pointe
subdivision.
Executive Summary
Shorewood City Council Meeting
Monday, September 22, 1997
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Agenda Item #3: The City Engineer reports all systems go on the Minnewashta water tower. This
resolution accepts the tower and authorizes final payment.
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Agenda Item #8: This resolution is a result of the discussions held at the City Council information
meeting Monday, September 15 regarding the proposed building permit for a home on the property
known as 5400 Eureka Road.
Agenda Item #9: The City Council will consider whether to leave the LRT snowmobile speed limit at 20
m.p.h. or change it to 15 or 10 m.p.h. Ordinance Code amendments in the form of ordinances
required to change the speed limit to either 15 or 10 m.p.h. are enclosed in the packet.
A Residential Community on Lake Minnetonka's South Shore
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, SEPTEMBER 8, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
1.
MINUTES
CONVENE CITY COUNCIL MEETING
DRAFT
Mayor Dahlberg called the meeting to order at 7:35 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel;
Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning
Director Brad Nielsen; Finance Director AI Rolek
B.
Review Agenda
Mayor Dahlberg read the Agenda for September 8, 1997. Councilmember Stover requested the
addition of a temporary sign permit as Item No. 12B to the agenda. It was noted consideration of
Item No.5 will be postponed upon the request of the applicant. Item No. 13D, to discuss
consideration of a meeting date with the City of Excelsior, was added to the agenda. The agenda
was approved as amended.
2. APPROVAL OF MINUTES
A . City Council Work Session Minutes - August 18, 1997
McCarty moved, O'Neill seconded approving the City Council Work Session
Minutes for August 18, 1997, as submitted. Motion passed 4/0. (Councilmember
Stover abstained.)
B . City Council Regular Meeting Minutes - August 25, 1997
Garfunkel moved, Stover seconded approving the City Council Regular Meeting
Minutes for August 25, 1997, as submitted. Motion passed 4/0. (Councilmember
O'Neill abstained.)
C . City Council Work Session Minutes - August 26, 1997
McCarty moved, Garfunkel seconded approving the City Council Work Session
Minutes for August 26, 1997, as amended on Page 3, Sentence 1, change "teen"
to "team." Motion passed 4/0. (Councilmember O'Neill abstained.)
-tr~.
REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 2
3. CONSENT AGENDA
Stover moved, McCarty seconded approving the Motions on the Consent Agenda
and adopting the Resolutions therein:
A Motion to Approve an Extension for Deadline to File a Final Plat -
Smithtown Woods
Applicant:
Location:
Clint Carlson
25895/25865 Smithtown Road
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
Greg Larson, 25535 Orchard Circle, commented on the proposed Evan Meline development. He
stated he received a notice from the Watershed District regarding a neighborhood meeting which
has been set relative to this project. The notice indicates the project has received preliminary
approval from the City and Mr. Larson expressed concern this project will be approved without the ..
concerns which were raised at the previous Council meeting being addressed.
Mr. Larson raised concern relative to the current flood plain elevations and stated it is the
responsibility of the City to set those elevations. He expressed his belief the City has not taken this
matter seriously and requested a neighborhood meeting relative to the issues surrounding a flood
plain determination.
Mayor Dahlberg asked if there is a reason why this determination has not been made. Brown
stated he has been in contact with the Watershed District and a notice of public hearing was sent by
the Watershed District which states preliminary approval has been made.
Brown explained there was originally a plan which was approved in a preliminary fashion by the
City and additional information was requested. After that point, staff discovered some
discrepancies in the plan and the City approval was revoked.
Brown received a notification from the Watershed District, as a part of the permit, which indicates
"project review status by other governmental agencies waiting for final city approval." .
In addition Brown questioned the Watershed District on why a notice had been sent stating
approval had been given when it had not. Brown emphasized final approval has not been given to
this plan. The City is questioning the flood plain and surveyors will be on the site determining the
flood elevation.
Councilmember O'Neill requested the Council conduct an informational hearing on September 22,
1997, prior to the regular City Council meeting for the purpose of hearing comments from the
public and to explore the authority the Council has and what actions, if any, would be appropriate.
Councilmember O'Neill reported the applicant has admitted to altering documents which were
signed off on by a licensed engineer. In addition, he has moved the stakes for the delineations.
Councilmember McCarty noted her agreement with Councilmember O'Neill and stated she does
not like to see the integrity of the staff and Council impugned and she believes the procedures are
being followed properly. Councilmember O'Neill voiced his agreement and felt this to be a matter
of the Watershed District misinterpreting a statement which was made approximately one year ago
relative to preliminary approval.
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 3
Mayor Dahlberg inquired whether there are processes or management methods which could be
used which would avoid this type of confusion.
Mr. Larson stated when concerns are brought to the Council, they have been thoroughly
researched by the residents and there are major areas of conflict between what is heard and what he
has found in a review of the Watershed District files. Mr. Larson commented there is a note in the
Watershed District files which indicates the project is "essentially in line for City approval."
Councilmember Stover noted this does not mean approval has been given. Councilmember
O'Neill stated that is the Watershed District's interpretation of a telephone conversation and is not
necessarily fact.
Councilmember O'Neill noted he will be attending a meeting of the Watershed District on
September 11 th and he will be asking that the matter be tabled given the concerns which the City
needs to have addressed.
O'Neill moved, McCarty seconded scheduling an informational hearing for
September 15, 1997, at 7:00 p.m. regarding the Evan Meline project. Motion
passed 5/0.
Mayor Dahlberg noted at the conclusion of the informational hearing, the Council will convene in a
work session format.
Brown explained the Watershed District was informed the City will be doing survey data for
determining the flood plain more officially. It was his hope the Watershed District would table this
matter until such time as those answers come back. A response has not been received from the
Watershed District.
Mayor Dahlberg questioned whether the process followed by the Watershed District and the City
needs to be improved. Councilmember O'Neill felt it to be the process followed by the Watershed
District which needs to be improved. He explained the Watershed District makes comments
regarding actions being taken by the City and noted the Watershed District does not have a
representative in attendance at the meetings so that they have an accurate account of the process
followed by the City.
City Attorney Dean suggested the Council give consideration to a resolution requesting the
Watershed District defer action on this matter pending the outcome of the engineering study which
has been commissioned since the results of that study may be relevant to this matter.
Attorney Dean explained the resolution would state that the Council has become aware that this
Thursday the Watershed District has on its agenda consideration of an application for approval
relative to the tract of land being discussed, and in that connection, the City of Shorewood has
recently commissioned an engineering study dealing with a number of the wetland and flood plain
related issues impacting on that land which the City believes would be relevant to the Watershed
District's determination. The results of that study should be available within 10 days. The City
believes it would be appropriate and in the best interests of the decision making process for the
Watershed District to defer action on the matter before it until such engineering study has been
completed and is available for their review.
O'Neill moved, McCarty seconded adopting RESOLUTION NO. 97-72, "A
Resolution Requesting Minnehaha Creek Watershed District to Delay
Consideration of Application for Permit." Motion passed 5/0.
REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 4
Bob and Bryn Wick, 5590 Harding Lane, stated they have lived on the LRT for five years.
In December of 1994, Mr. Wick was walking his dog on the trail when a snowmobile traveling
approximately 60 to 70 mph approached. Mr. Wick jumped from the trail, however the dog was
critically injured. The snowmobiler did not stop, but continued on the trail. A police report was
made.
Mr. and Mrs. Wick noted they also utilize the trail for snowmobiling and felt that 70 percent of the
riders on the trail are law abiding, however approximately 30 percent make use of the trail
hazardously.
Mr. Wick noted one snowmobiler who was stopped during the past season did not even believe
there to be a speed limit on the trail. They also commented there are riders on the trail as late as
2:00 or 3:00 a.m.
Mayor Dahlberg asked Mr. Wick for his input relative to the appropriate speed limit for the trail.
Mr. Wick felt it would probably be best to ban snowmobiles from the trail given the number of
pedestrians who use the trail. He also felt a speed limit of 20 miles of hour to be difficult given the
snowmobiles which are manufactured today, and he felt 10 mph would be impossible to enforce.
Mrs. Wick felt conduct on the trail improved in the previous season, however, she noted the .
evening, after dark hours to be the most dangerous. Mrs. Wick felt any motorized vehicle over a
particular horsepower should be regulated by the State much the way motorcycles and automobiles
are regulated.
Ingrid Schaff, 25605 Smith town Road, stated in 1994 when the Grant-In-Aid funding was
being received relative to the LRT, it was illegal forpedestrians to be on the trail. The 1996/1997
season was the first year in which pedestrians could legally use the trail due to the loss of the
Grant-In-Aid funding. Ms. Schaff stated according to Grant-In-Aid, there is a statute which says
there may be mixed use on a trail, but there must not be both at the same time.
Ms. Schaff stated she was a member of the Snowmobile Task Force and noted when incident
records were requested from the Police Department, there was no record of the accident which had
occurred involving the Wicks' dog. Ms. Schaff reported on injuries and deaths which occurred
during the previous seasons in various municipalities.
Ms. Schaff explained snowmobilers are not required to have a drivers license or liability insurance. .
She noted there are currently changes being implemented in which DUI's which occur through the
use of snowmobiles will be reflected on driver license records.
Ms. Schaff asked what type of communication plan the Council plans to use relative to the safety
hazards of being on the trail with mixed use. She had understood the Council intended to meet
with all of the residents whose property abuts the trail and asked why this has not been done.
Councilmember O'Neill felt the residents have had numerous opportunities over the years to
provide input relative to this issue.
Ms. Schaff stated she raised questions in February relative to the snowmobile issue and to date
they have not been answered. Mayor Dahlberg asked for a list of the questions and assured he will
provide a written response.
5. PLANNING - Report by Representative
Commissioner Turgeon reported on the matters considered and actions taken by the Planning
Commission at their meeting of September 2, 1997, (as detailed in the minutes of that meeting).
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 5
A Motion to Adopt a Resolution Approving a Simple Subdivision
Applicant: Peggy Greer, represented by Michael Greer
Location: 6045 Chaska Road
** This item was removed from the agenda. **
6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ACCEPTING A PETITION, DECLARING ADEQUACY AND ORDERING
PREPARATION OF A FEASIBILITY REPORT - SOUTH BORDER
WATERMAIN EXTENSION
Mr. William Gotschall, 27980 Smithtown Road, was present and raised questions relative to the
cost of the project and the amount of deposit which would need to be made prior to the City
performing a study. Mr. Rumrnler was also in attendance.
Mr. Gotschall informed the Council that Mr. Fox is willing to give the petitioners a utility easement
to allow a hook up to the watermain on Smithtown Road.
Mr. Gotschall asked if the petitioners would be charged $5,000 for the waterrnain in addition to the
$5,000 assessment for each property. He noted it is not his intention to connect to municipal
water, but would like to have the ability to connect if he were to encounter problems with his well
during the winter months. Mayor Dahlberg stated a cost based policy is used and the minimum
cost would be $5,000. Brown clarified there is a connection charge plus any additional charges.
Mr. Gotschall noted Mr. Fox has already been assessed $5,000, and inquired whether he would be
reassessed for this project. Brown explained he would be assessed for this project, but he would
be credited the amount which had been previously assessed.
Mr. Gotschall questioned whether there will be a requirement to hook up within a specified period
of time. Councilmember Garfunkel commented the 15-year break even analysis is based on the
water charges which are obtained over that period of time. Councilmember O'Neill noted he is
opposed to the 15-year break even period. Rolek explained if the petitioner does not hook up, he
would not be billed for water usage.
Mr. Gotschall requested a feasibility study be prepared. Brown explained staff will present an
agreement to the petitioners for their consideration along with the feasibility costs. If the deposit is
made, staff will move forward in the preparation of a feasibility report. A deposit would be
required for preparation of design plans. Once the design has been accepted, the project would be
let out for bids.
McCarty moved, Stover seconded adopting RESOLUTION NO. 97-73, "A
Resolution Accepting a Petition, Declaring Adequacy and Ordering Preparation of
a Feasibility Report - South Border Watermain Extension." Motion passed 5/0.
REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 6
7. CONSIDERATION OF ISSUES REGARDING SNOWMOBILES IN THE
CITY
A . A Motion to Direct Staff to Submit a Winter Use Permit to Hennepin
County for the LRT Trail
Councilmember McCarty commented she would propose passing the permit and striking the word
"snowmobiles," however, she did not feel it would be fair to do that without further discussion
and without obtaining input. She suggested the permit be passed as written and the speed limit
issue be tabled. Councilmember McCarty suggested the Council meet in a work session as soon as
possible to determine what would be an appropriate speed limit. She expressed her belief
snowmobiles should not be on the trails, noting other motorized vehicles are not permitted.
Councilmember Stover recalled since the trail was acquired, motorized vehicles have always been
allowed on the trail. She expressed concern about mixed used. Councilmember Stover was not in
favor of a side trail and felt the LRT should be used for pedestrians. She did not feel it reasonable
to attempt to mix these uses on a trail the size of the one which currently exists. Councilmember
Stover noted the most current task force was the ninth task force to consider this matter.
Mayor Dahlberg stated if it is true that speed cannot be controlled and at a safe level, there will
probably be a change in everyone's position and snowmobiles will probably be banned.
Councilmember Stover pointed out that history shows speed cannot be controlled on the trail, just
as the speed of cars cannot be controlled on the city streets. Councilmember O'Neill noted the
majority of the people utilizing the trail are not residents of Shorewood. He commented if
snowmobiles are banned on the trail, they will be on the street where they will be mixed vehicular
traffic.
Mayor Dahlberg felt given enough time, there will be an accident on any trail or roadway.
Councilmember McCarty did not feel the Council is doing their best to provide a safe environment
for its citizens. Mayor Dahlberg did not get the impression from the police department that the trail
presents a major safety issue. Councilmember Garfunkel stated he respects Councilmember
McCarty's position, but he did not feel there to be a need to debate each person's position.
Councilmember McCarty asked that consideration be given to conducting a surveyor a meeting
with the people who live on the trail. Mayor Dahlberg was in agreement with conducting a
scientific survey.
Mayor Dahlberg recessed the meeting at 9:30 p.m. and reconvened at 9:42 p.m.
Stover moved, McCarty seconded directing staff to submit a Winter Use Permit to
Hennepin County for the LRT, deleting the word "snowmobile" from the request.
Motion failed 2/3. (Mayor Dahlberg and Councilmembers O'Neill and Garfunkel
were the dissenting votes.)
Garfunkel moved, O'Neill seconded, directing Staff to submit a Winter Use
Permit to Hennepin County for the LRT Trail. Motion passed 3/2.
(Councilmembers Stover and McCarty were the dissenting votes.)
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 7
B . A Motion to Establish a Speed Limit for Snowmobiles on the Light
Rail Transit (LRT) Trail
Councilmember O'Neill remarked it is the opinion of Chief Young that the judges will not enforce
tickets unless they are for speed violations 10 mph in excess of the speed limit. He noted the trail
is not used for recreational purposes, but rather as a way in which to reach other destinations.
Councilmember O'Neill suggested lowering the current speed limit to 10 or 15 mph to enable the
police officers to enforce a speed limit of 20 mph which is the point at which citations would be
issued.
Mayor Dahlberg stated he would support a speed limit of 15 mph and felt setting a limit of 10 mph
may be setting the program up for failure.
Councilmember Stover asked if the prosecuting attorney had been consulted relative to what speed
he would or would not prosecute. She stated she would like to hear his policy in this regard.
Councilmember McCarty would like to have the speed limit issue tabled until further information
can be obtained. Brown commented if new signs need to be ordered, it will take approximately six
weeks to receive them.
McCarty moved, Stover seconded tabling consideration of establishing a speed
limit for snowmobiles on the Light Rail Transit (LRT). Motion passed 3/2.
(Mayor Dahlberg and Councilmember O'Neill were the dissenting votes.)
Pat Arnst commented it may be interesting to learn how many citations in the previous season were
contested and noted not all citations are contested and brought to court.
O'Neill moved, McCarty seconded tabling discussion of the snowmobile speed
limit issue to September 22, 1997, and directing staff to obtain information
relative to the prosecution of violations as well as the number of citations which
were contested in the previous season. Motion passed 5/0.
8. CONSIDERATION OF A MOTION REAUTHORIZING SAFETY
IMPROVEMENTS ON SOUTHEAST QUADRANT OF THE
INTERSECTION OF SMITHTOWN ROAD AND EUREKA ROAD SOUTH
Attorney Dean reported the City obtained an easement through operation of Minnesota Statute
160.05 which deems the City has that right given the fact the area has been occupied by the City
for at least seven years.
Attorney Dean stated there are two separate issues. One relates to the extent of the City's rights
and the other is, from a design standpoint, where should the road be. Councilmember O'Neill
asked if the road were to be moved out, would the City lose the easement permanently. Attorney
Dean explained the extent of the easement is based upon where the road is shown and the retaining
wall located. Some case law would suggest the easement is larger based on provisions for snow
stacking and things of that nature. To the extent the City would retract from the present location,
the City would lose it's right in approximately seven years.
Mayor Dahlberg questioned whether the current design is the design the Council wants to maintain
for safety reasons as well as restoring the Stubstad property which was damaged last year.
REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 8
Councilmember O'Neill stated the wall has been in a state of disrepair in excess of 20 years and
asked how much damage was done to the wall during recent construction. Brown noted the wall
was in a state of deterioration and estimates it would cost approximately $2,000 to $2,500 to
replace the wall.
Councilmember Garfunkel questioned whether it is the City's responsibility to provide grading.
He noted this issue was initially before the Council because it was suggested the City had
encroached on the Stubstad property. It has now been determined the City has an easement.
Mr. Stubstad stated the property remains unmaintainable and he felt this project should have been
completed approximately a year ago. He stated if the city wishes to rely on the statute, this should
have been done last year. He stated he was informed this date the City would rely on the statute
and felt the Council to be showing a lack of concern as well as poor communication.
Mr. Stubstad stated he is entitled to have the wall fixed and it is the responsibility of the City to
resolve this matter. Mr. Stubstad commented he is disappointed this matter has gone on for this
length of time and each time a compromise is reached, it is changed. Mr. Stubstad stated he will
not waive his right to contest the easement later. He stated it is the City's burden to show it has
been used for the prescribed time.
Mayor Dahlberg noted Mr. Stubstad to be in agreement the easement is a separate issue at this
point. Councilmember O'Neill stated the City owes the Stubstads an apology for the length of time
this has taken.
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Councilmember O'Neill explained more information has come to the Council's attention and there
will be issues relative to traffic on Eureka Road, the fact that Eureka Road is a collector street, the
Highway 7 closures and the impact of the proposed senior housing development which will need
to be considered.
Mr. Stubstad felt he was being treated differently and unfairly. He also felt the safety concerns
which are being raised to be selective. Mr. Stubstad expressed concern relative to the location of
the stop sign. Councilmember O'Neill stated there are a number of proposals to address Mr.
Stubstad's concerns.
Mayor Dahlberg stated if the cost of the solution were more attractive to Council, perhaps the
solution itself would be more attractive. Mr. Stubstad stated he will not grant an easement if there .
is not a provision in the solution relative to the retaining wall.
Mayor Dahlberg moved to repair the wall, leaving the yard where it is today.
Motion died for lack of a second.
Councilmember Stover asked to what degree the wall would have to be repaired. Mr. Stubstad
explained the wall would have to be built around the corner with grading and curbing on the
Smithtown end. This would render the yard maintainable. Brown estimated for the wall, grading
and installation of curb, the work would cost approximately $2,000. He noted all options to cost
between $2,000 and $3,000.
Councilmember McCarty felt since all options cost the same, the City should use Mr. Stubstad's
recommendation.
McCarty moved, Dahlberg seconded directing staff to meet with Mr. Stubstad to
construct a wall, grading and curbing on the Smithtown Road side not to exceed
$3,000, subject to Mr. Stubstad's granting of a temporary construction easement
for this purpose. Motion passed 5/0.
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 9
Mr. Stubstad stated with respect to the easement, he is reserving his right to litigate this matter at a
later date.
9. CONSIDERA TION OF A MOTION TO APPROVE THE 1998 LAKE
MINNETONKA COMMUNICATIONS COMMISSION PROPOSED
BUDGET
Stover moved, McCarty seconded approving the 1998 Lake Minnetonka
Communications Commission Proposed Budget. Motion passed 5/0.
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
REQUESTING COUNTY ASSISTANCE IN THE OVERSIGHT OF THE
MINNEHAHA CREEK WATERSHED DISTRICT
Mayor Dahlberg explained he received a letter from Hennepin County Commissioner Mary
Tamburino stating she will be offering a resolution to the Hennepin County Board of
Commissioners on September 16th relative to oversight of the Minnehaha Creek Watershed
District.
Councilmember O'Neill noted the municipalities have various concerns relative to the Watershed
District. Brown pointed out the resolution asks Hennepin County to take a look at the operation of
the Watershed District. It was noted concerns raised by several of the other municipalities were not
items Shorewood had experienced and those items were edited out of the resolution. Mayor
Dahl~erg stated the intention of the committee was to tailor the resolution to reflect each city's own
expenence.
McCarty moved, Garfunkel seconded adopting RESOLUTION NO. 97-74, "A
Resolution Requesting County Assistance in the Oversight of the Minnehaha
Creek Watershed District." Motion passed 5/0.
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
APPROVING THE 1998 PRELIMINARY BUDGET AND PROPOSED 1997
PROPERTY TAX LEVY
Councilmember McCarty stated the amount which is being set at this time can be lowered, but
cannot be increased. Mayor Dahlberg noted the City is obligated to set a tax levy rate by
September 15, 1997.
Stover moved, McCarty seconded adopting RESOLUTION NO. 97-75, "A
Resolution Approving the 1998 Preliminary Budget and Proposed 1997 Property
Tax Levy based on the work session which was held and subject to a public
hearing which will be held." Motion passed 5/0.
12. . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ESTABLISHING A DATE AND TIME FOR THE TRUTH IN TAXATION
PUBLIC HEARING
Wednesday, December 3, 1997, at 7:30 p.m., was established as the date and time for the Truth in
Taxation public hearing. Thursday, December 11, 1997, was set as the continuation date, if
needed.
REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 10
McCarty moved, Stover seconded adopting RESOLUTION NO. 97-76, "A
Resolution Establishing a Date and Time for the Truth in Taxation Public
Hearing. " Motion passed 5/0.
. B . TEMPORARY SIGN PERMIT
Councilmember Stover explained the Friends of the Southshore Senior Center are requesting a
permit for a temporary sign announcing the ribbon cutting. The sign is smaller than the ordinance
allows and would be up for four to five days and the ordinance would permit posting for seven.
Garfunkel moved, McCarty seconded approving a temporary sign permit for the
Friends of the Southshore Senior Center. Motion passed 4/0. (Councilmember
Stover abstained.)
13. ADMINISTRATOR & STAFF REPORTS
A . Staff Report on Development Monitoring
Mayor Dahlberg requested Nielsen number the items on a memo he previously produced relative to .
Watten Ponds and depict those items by number on a map. He suggested this document be
distributed to the neighborhood association for their information.
Nielsen explained preliminary tree preservation plans are in and are being reviewed. Staff will
begin issuing building permits by the end of the month.
Nielsen noted there is one site where a preliminary tree reforestation review has been requested. A
large maple tree is located on the corner lot of the new street and Eureka. The tree preservation
plan for that lot initially suggested the tree would be removed. The builder has oriented the house
in an attempt to save the tree, however, there will be points on the tree where the tree protection
fencing will be closer than the drip line.
Nielsen stated he has recommended the roots be saw cut in the areas where the tree protection
fencing will be closer than the drip line and place the remaining tree protection fencing at the drip
line. The alternative, which is not recommended, is to take down the tree per the original plan. It
was Nielsen's recommendation that an attempt be made to save the tree.
Marsh Pointe is proceeding and there have been no issues raised by Phil Tipka relative to tree
protection fencing or erosion control.
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B . Report on Shoreline Suggestions
Hurm reviewed the three suggestions which were left on the Shoreline. It was agreed all three
suggestions will be referred to the Park Commission for their consideration.
Mayor Dahlberg moved, McCarty seconded referring the suggestions received on
the Shoreline to the Park Commission. Motion passed 5/0.
C . Discussion on Cable Broadcast of Council Meetings
Councilmember O'Neill would like to see more consistency in the airing of the Council meetings to
make viewing as easy as possible. He stated he would like this to be a part of future negotiations.
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 11
D . Discussion of Meeting with the Excelsior Council
Hurm reviewed the possible dates to meet with the Excelsior Council to discuss MNDOT plans for
Highway 7. Staff will work on finding an alternate date which is acceptable to both Councils.
Brown reported Paul Kachelmyer of MNDOT has stated that a formal public information meeting
will be scheduled to discuss improvements which have already been scheduled for Highway 7
which would include the cities of Victoria, Excelsior and Shorewood. The date of October 2,
1997, from 3:00 p.m. to 7:00 p.m. has been suggested, but not yet confirmed.
14. MA YOR & CITY COUNCIL REPORTS
A. Mayor's Report on Meeting with Gideon's Woods Residents on
August 30
Games Trust will dispose of the land quickly due to the liens which are on it and the association
may want to take over the development if a reduction in the liens can be negotiated.
The association has also entered into a contract relative to sign rental. A provision was included in
the contract which would release the association from the agreement in the event the Council
decides the sign may not remain. It was noted there is a work session scheduled for October 7,
1997, to discuss that amendment.
B. Mayor's Report on Meeting with Lake Virginia Area Residents on
September 6
Councilmember Garfunkel and Mayor Dahlberg met with the Lake Virginia Area residents and the
residents asked about the water policy. The residents were not in favor of water, but were curious
as to the policy and asked if the Council is aware of any potential problems with their wells.
The condition of roads, curbs and gutters were discussed. Mayor Dahlberg suggested a review of
the road repair and reconstruction schedule so the residents can be advised when this work is
anticipated.
Mayor Dahlberg noted there was interest and support for the Smithtown Road Trail. He
commented if there is a strong majority in favor of a trail, it will probably happen. He noted the
Park Commission is moving forward on this issue and the residents were advised to call the
Commission with their input.
The residents noted a problem with milfoil and asked if there is any assistance which would be
available relative to this issue. Brown stated the DNR has a program in which they help out to
certain levels and pick up specific costs.
Mayor Dahlberg inquired relative to the strip of land adjacent to the lift station and asked whether
this land would be available as a means of access to the LRT. Nielsen stated it may be
undeveloped public right of way. Mayor Dahlberg asked that staff review this matter and it will be
referred to the Park Commission for their consideration.
The final issue which was discussed was the interest of the neighborhood in developing a stronger
lake association.
REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1997 - PAGE 12
C. Discuss Setting Open Forum Dates
There were no open forum dates set.
Councilmember O'Neill stated the traffic needs of the City remain to be considered, as well as a
stormwater management plan. Brown stated this issue will not be addressed until the County has
flown the area which is anticipated in spring of 1998.
15. ADJOURNMENT
McCarty moved, Stover seconded adjourning the meeting at 11 :24 p.m. subject to
the approval of claims. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128 . www.state.netJshorewood . cityhall@shorewood.state.net
MEMORANDUM
TO:
Mayor and City Council
James Hurm, City Administrator
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FROM:
Larry Brown, Director of Public Works
DATE:
September 18, 1997
RE:
Consideration of a Resolution Accepting the Minnewashta Elevated Storage Tank
and Authorizing the Final Payment
The final pay estimate for the Minnewashta Elevated Storage Tank has been reviewed and approved
for the City Council's consideration.
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The original contract amount for Chicago Bridge and rron (CBr) equals $855,614.00. The final
contract amount equals $ 859,657.39. The difference in the contract amounts equals $$4,043.39.
These changes were authorized due to changes in the sandblasting material to address concerns of
surrounding residents of the sandblasting material specified, additional sodding placed at the base of
the water tower to eliminate an erosion problem, and additional bituminous patching required for the
Minnewashta Elementary School parking lot.
Therefore, the net balance due to the contractor equals $54,923.43. A one year warranty bond will
be processed, contingent upon approval of the attached resolution.
Staffis recommending approval offinal payment to CBr for the amount equal to $54,923.43 and
acceptance of the Minnewashta Elevated Storage Facility for the City's perpetual maintenance. A
resolution is attached for your consideration.
A Residential Community on Lake Minnetonka's South Shore
4=t3
CITY OF SHOREWOOD
RESOLUTION NO. 97-
A RESOLUTION ACCEPTING MINNEW ASHTA ELEVATED STORAGE
TANK, PART OF PROJECT NO. 96-2, AND AUTHORIZING FINAL PAYMENT
WHEREAS, the City of Shorewood has entered into a contract with
Chicago Bridge & rron ("CBr") for part of City Project No. 96-2, Minnewashta Elevated
Storage Tank, and;
WHEREAS, the Contractor has petitioned for final acceptance of the
project and final payment based on work performed to date; and;
WHEREAS, the Project Manager has made a final inspection of the
project and recommends acceptance and final payment be made by the City.
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NOW, THEREFORE BE IT RESOLVED that:
The City hereby does accept the work completed pursuant to said contract and
authorizes final payment to the Contractor, and the one year guarantee shall
commence as of the date of this resolution, subject to the following items:
1. The Contractor furnish the City a one year maintenance bond pursuant to
the contract.
2. The Contractor must make satisfactory showing that he has complied with
the provisions of Minnesota Statutes 290.92 requiring withholding of State rncome
Tax.
3. Evidence in the form of an affidavit that all claims against the Contractor
by reasons of the Contract have been fully paid or satisfactorily secured.
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ADOPTED by the City Council of the City of Shorewood this 22nd day of
September, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, SEPTEMBER 9, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
DLlAfT
Chair Colopoulos called the meeting to order at 7:30 p.m.
A. ROLL CALL
Present: Chair Colopoulos; Commissioners Puzak, Dallman, Arnst (arrived at 7:37 p.m.),
Bensman, Wilson (arrived at 9:50 p.m.) and Packard; Council Liaison McCarty
(arrived at 8:45 p.m.); Administrator Jim Hurm
B . REVIEW AGENDA
Chair Colopoulos requested Agenda Item No. 5 be moved up Agenda Item No. 3 for
consideration.
2 . APPROVAL OF MINUTES
Park Commission Meeting Minutes of August 12, 1997
Packard moved, Puzak seconded, to approve the minutes as submitted. Motion
passed.4/0. (Commissioner Bensman abstained.)
3. REVIEW FINAL REPORT ON CONCESSION TRAILER IN FREEMAN
PARK
Todd Strot was present and reported on the concession trailer's first season. Commissioner
Dallman asked how Mr. Strot views his role in the coming year. Mr. Strot stated he would like to
oversee the operation, however, he would like to see additional participation from the Park
Foundation as well as another person to transport the trailer and set it up. (Commissioner Arnst
arrived at 7:37 p.m.)
Commissioner Dallman asked whether Mr. Strot foresees an increase in his salary in the coming
year. Mr. Strot explained there was an agreement that he would receive 25 percent of the net sales,
however, he felt it more appropriate, given the current sales, to reach a compromise of $700. Mr.
Strot noted out of that amount, teenage helpers who were hired for the 4th of July will be paid as
well as the replacement Mr. Strot hired when he was out of town.
Commissioner Dallman questioned whether 25 percent is a reasonable amount to expect to pay for
the help that is required to maintain the concession trailer. Mr. Strot stated he would propose 25
percent again next year.
Commissioner Dallman noted the Park Foundation had discussed asking City staff to assume the
responsibility for providing the accounting services which are currently being provided by MCES.
Commissioner Bensman commended Mr. Strot on his work with this project. She felt the
concession trailer could make more money in the future. Mr. Strot felt there was a lack of
knowledge relative to the existence of the trailer. Chair Colopoulos suggested a more formal
announcement next year to assure awareness of the trailer.
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PARK COMMISSION MINUTES
SEPTEMBER 9, 1997 - PAGE 2
Commissioner Puzak inquired if the sales double in the next season, could the volunteer help be
sustained at that production level. Mr. Strot explained he did not experience any problem in
securing volunteer help.
Commissioner Puzak asked Mr. Strot to explain the benefit of utilizing MCES services. Mr. Strot
explained utilizing MCES enabled him to obtain vending services. MCES was also responsible for
the administrative portion of the venture.
Administrator Hurm asked if the Commission would be interested in offering a fixed rate to MCES
for their assistance in the coming year. Commissioner Dallman felt this would be prudent.
This matter will be further considered on the October or November agenda. Commissioner Puzak
thanked Mr. Strot for his participation. Mr. Strot stated he appreciated the opportunity to be
involved.
4. MATTERS FROM THE FLOOR
Carmel Rehnelt, Virginia Highlands, commented on a neighborhood meeting with Mayor
Dahlberg, Councilmember Garfunkel and Planning Commissioner Lizee. She asked whether a .
trail has been planned for her neighborhood which would allow children to walk to Freeman and
Cathcart Parks.
Commissioner Puzak explained a decision needs to be made and he stated that although the
Commission feels this has been done in an open way in the past, the trail plan will once again be
addressed in as open and informative manner as possible.
It has been collectively agreed that all personal opinions will be set aside and a commitment has
been made to give consideration to the input of the residents. Commissioner Bensman felt the City
Council must be integrated into the planning process.
Commissioner Arnst suggested moving Agenda Item No.7 to consideration as Agenda Item No.
5.
5.
CONSIDERATION OF A PROPOSED SCOPE OF SERVICES
AGREEMENT WITH MARK KOEGLER FOR PARK & TRAIL PLANNING
SERVICES
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The Commission reviewed the proposal submitted by Mr. Koegler relative to park and trail
planning services.
Commissioner Arnst inquired relative to the time line which is being considered. Hurm stated this
would be dependent on how fast the Commission wants to work on this project. The expense for
this project is scheduled to come out of the trail fund.
Commissioner Puzak felt if a survey is needed, this item could take in excess of 90 days to
complete. Chair Colopoulos felt the existing survey data needs to be reviewed and a determination
made as to the credibility and quality of the information and then use that information when making
a decision relative to any future survey. Commissioner Puzak felt visual aides need to be utilized
prior to conducting a survey to assure the residents know what the Commission is requesting.
Commissioner Bensman stated she is not in favor of using a survey as a community referendum
and felt possibly the prior survey was used in that manner.
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PARK COMMISSION MINUTES
SEPTEMBER 9, 1997 - PAGE 3
Commissioner Dallman felt that everything outlined in the plan needs to be done and felt it
~ppropriate that the fee for the trail plan update not exceed $3,500 exclusive of computer photo
Images.
Dallman moved, Packard seconded recommending the scope of services, fee
schedule and the trail plan of Hoisington Koegler Group, Inc., relative to
consulting with the City regarding the entire park system. Motion passed 6/0.
Dallman moved, Arnst seconded accepting the letter from Mark Koegler relative to
a trail plan agreement to be completed within 120 days at a cost not to exceed
$3,500. Motion passed 6/0. .
Commissioner Arnst and Chair Colopoulos requested Mr. Koegler attend the October meeting of
the Park Commission.
(Council Liaison McCarty arrived at 8:45 p.m. and Commissioner Bensman left the meeting at
8:46 p.m.)
6.
REPORTS
A . Status of 1998 Park Budget Recommendation
Hurm reported the Council has reviewed the 1998 Park Budget and no changes were made. The
Council reviewed the Capital Improvement Program and there is a further work session regarding
this matter scheduled for Monday, September 15, 1997, at 7:30 p.m.
B . Status of "To Do" List
Chair Colopoulos inquired as to the status of the picnic shelter. Hurm explained it is on order and
the watermains are in. Hurm reviewed the remainder of the "To Do" list.
C . Status of Trail Rights Along the Lundgren Bros. Development, West
of Minnewashta School
Commissioner Dallman felt this matter should be considered as a part of the trail planning services
which have just been commissioned and this was also the consensus of the Commission.
7. PARK FOUNDATION REPORT
Commissioner Dallman reported on the August 4, 1997, meeting of the Shorewood Park
Foundation Meeting (as detailed in the minutes of that meeting).
Chair Colopoulos commented the proposed concession building has value beyond that of
generating revenue which makes it a value to the park system.
Hurm suggested the commissioners view the building in Chaska and possibly obtain a copy of the
building plans. Commissioner Arnst felt the commissioners should view the Arboretum as well.
8. RECONSIDERATION OF SEPARATION OF OFF-STREET TRAIL FROM
COVINGTON ROAD
PARK COMMISSION MINUTES
SEPTEMBER 9, 1997 - PAGE 4
Co~ssioner Arnst asked if there have been any problems reported relative to the traiL Hurm
noted there had not. Commissioner Puzak stated this is a safety issue rather than an aesthetic
concern, however, there have been no reported safety encroachments. Commissioner Arnst
suggested Engineer Brown monitor the area and keep the Commission informed of any problems
which arise.
Chair Colopoulos stated the subject of trails and off street safety needs to be encompassed in the
upcoming study. He suggested there are many similar situations throughout the city and he would
not want the residents to think the Commission is handling this portion of the trail separate and
apart from every other trail related safety issue in the City.
Commissioner Puzak suggested working with Mr. Koegler to develop standards. He felt the
neighborhood should be informed the Park Commission is working with the trail planner and this
section of trail will be reviewed and considered.
9. DISCUSSION OF LIQUOR USE AT FREEMAN PARK
Commissioner Puzak stated there is a process in place in which a form and a fee would permit use
of the shelter. At this time, liquor is not allowed in the park. He asked whether it would be .
desirable to allow it to be brought in under certain circumstances where a permit and a fee are
obtained.
Commissioner Dallman felt it would be appropriate to allow this type of use for certain events such
as tournaments, family reunions and other community type events. Commissioner Arnst stated she
would like a legal opinion relative to liability.
Hurm will investigate this matter, however, he did not feel there would be additional cost to the
City for insurance. Commissioner Puzak did not feel there to be enough benefit to warrant
exposing children to drinking.
Dallman moved, Puzak seconded recommending to City Council that the ordinance
be changed to allow malt alcohol use in the park under permitted conditions to be
determined by staff.
Commissioner Puzak felt if the ordinance were to be amended, the permit should require a specific
period of time for the event. He would like additional language in which any loud, obnoxious or
drunken behavior would be a violation of the permit. In addition, Commissioner Puzak suggested
if the party results in a violation of the permit, there would be a period of time in which the person
who pulled the permit would not be allowed to apply for another.
Hurm suggested possibly a permit could be obtained only for reserved functions and would not
apply to regularly scheduled sports games. Commissioner Arnst expressed concern relative to
enforcement.
Motion failed 1/4. (Chair Colopoulos, Commissioners Puzak, Arnst and Packard
were the dissenting votes.)
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PARK COMMISSION MINUTES
SEPTEMBER 9, 1997 - PAGE 5
Commissioner Puzak stated he would consider this if the permit were very restnctlve.
Commissioner Arnst expressed concern relative to allowing liquor at sporting events and
Commissioner Puzak noted his agreement. Commissioner Puzak stated he would be in favor of
liquor use for occasions such as family reunions.
Council Liaison McCarty suggested reviewing the ordinances which are utilized by other
municipalities. Chair Colopoulos was not in favor of introducing alcohol into the park
environment given the presence of children and felt there would need to be very tight restrictions
in place.
Commissioner Dallman felt if the ordinance were to be overly restrictive, it would become
unenforceable and it would be better not to allow liquor use in the parks at all.
10. DISCUSSION OF CHANGING FREEMAN PARK SIGN ("CITY PARK"
TO "FREEMAN PARK")
Hurm felt consideration of this item should be deferred until such time as the proposed senior
housing development has been addressed since that could affect this area.
. Commissioner Dallman commented a resident has requested the park sign be turned perpendicular
to Eureka Road given the number of cars which turn around in her driveway. Hurm stated this
will be reviewed. (Commissioner Wilson arrived at 9:50 p.m.)
The issue of air horns was raised relative to the weekend soccer tournaments. Hurm suggested
this issue be addressed within the tournament policy.
11. CONSIDERA TION OF A MOTION RECOMMENDING A PARK
COMMISSION MEMBER TO THE PARK FOUNDATION
Commissioner Packard volunteered to serve as the Park Commission Member to the Park
Foundation.
Dallman moved, Arnst seconded recommending to City Council the appointment
of Commissioner Packard to the Park Foundation. Motion passed 6/0.
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12.
REVIEW OF DEEPHAVEN PARK BOOKLET
Commissioner Puzak felt in considering a community event or determining a theme, this booklet
would be useful, however, he did not feel it would be beneficial to develop a booklet such as
Deephaven's until such time as the Shorewood trail plan has been completed. Chair Colopoulos
noted his agreement.
13. OLD BUSINESS
Freeman Park Soccer Fields
Commissioner Wilson raised the issue of the Freeman Park soccer fields and noted nothing has
begun relative to redressing the field.
PARK COMMISSION MINUTES
SEPTEMBER 9, 1997 . PAGE 6
Hurm explained Engineer Brown and representatives from the soccer association have decided this
matter will be addressed next year and a portion of the field will be taken out of play.
Commissioner Wilson noted his understanding one-third of the playing area would be taken out of
play for a one year period of time.
Hurm noted his understanding the Commission had directed Brown to meet with representatives of
the soccer association to determine how this matter will be addressed. Commissioner Puzak stated
if the Commission did not clearly communicate its direction to staff and that staff person did what
he felt he should do, then the Commission should give their full support. Chair Colopoulos stated
he has no problem with the decision which was made if it was made by Engineer Brown.
Commissioner Wilson expressed concern the field has been extremely overused and he was upset
with the lack of communication he felt there to be between the Commission and staff relative to this
issue. He stated this particular area needs to be taken out of play for the next year.
Hurm suggested Commissioner Wilson accompany staff to the site and make recommendations
relative to the field. Commissioner Puzak felt there is a need to communicate to staff and then
support staff in their decisions.
Commissioner Arnst suggested there may be time for some sort of damage control. She noted her
understanding a portion of tho field would be taken out of plan. She suggested the Commission
apologize to Engineer Brown for the miscommunication and inconvenience.
Commissioner Wilson suggested the field be taken out of play and seeded within the next few
days.
Hurm urged the commissioners to call staff prior to the commission meeting to obtain answers to
any questions they may have.
14. NEW BUSINESS
Council Liaison McCarty reported the LRT trail permit for winter use was approved and the issue
of a speed limit for motorized vehicles such as snowmobiles was tabled. The Council will meet in
a work session to determine a realistic speed limit.
15. ADJOURNMENT
Arnst moved, Dallman seconded adjourning the meeting at 10:26 p.m. Motion
passed 7/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat
Recording Secretary
TimeSaver Off Site Secretarial
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CONCESSION STAND SUMMARY
Page 1 of 1
TOTAL SALES $ 9,267.74
Inventory sold 1.673.29
$ 10.941.03
Purchase Totals:
Starbucks 57.50
Pepsi 3,254.96
DSD 1,692.65
Angus Meats 1,251.92
Bernie Whetson 180.00
Lav Station 77.00
Concession fee 4th of July 250.00
Cash advance 100.00
Todd Strot expenses 351.57
Out of till expenses 238.86 238.86
Subtotals $11,179.89 $7,454.46
NET SALES $3,725.43
Less stipend for Todd Strot 700.00
Net Balance 3,025.43
500/0 of balance to Shorewood Parks Foundation:
$1,512.71
50% of balance to MCES:
$1,512.71
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CITY OF SHOREWOOD
RESOLUTION NO. 97-
A RESOLUTION MAKING APPOINTMENTS TO
THE SHOREWOOD PARK FOUNDATION BOARD OF DIRECTORS
WHEREAS, per the directives of the Articles of Incorporation of the Shorewood Parks
Foundation, the Shorewood City Council makes appointments to the Board of Directors for the
Foundation; and
WHEREAS, the Bylaws for the Foundation require that each Director be appointed for three years
or until his or her successor shall have been appointed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that
the Shorewood Park Foundation Board of Directors consists of the following individuals, and that the
highlighted individuals are hereby appointed with terms to take effect immediately upon the passage of this
resolution and shall expire as indicated herein:
First
Appointed
6/96
3/95
7/94
7/94
5/96
7/94
5/96
7/94
9/94
3/95
10/96
7/94
7/94
4/95
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day
of September, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
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Creative Solutions for Land Planning and Design
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Hoisington Koegler Group Inc.
11113
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September 3, 1997
Mr. James C. Hurm
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331-8927
Dear Jim:
I am enclosing two copies of a contract for park planning services. I have structured the agreement
in response to our conversations to date and from input from the Park Commission. Since the scope
of all of the work activities is only generally defined at this time, it is not possible to define a specific
fee for each task. In lieu of a specific contract amount, the agreement requires that we provide you
with a detailed scope of work for each task prior to initiation of the work. Along with the scope of
work, we can provide an estimate of the total cost or a not-to-exceed fee, depending on the
circumstances.
After you have had a chance to review the contract, please call me with any questions. If the contract
is agreeable in its present form, please return one copy to me for our files upon execution by the City.
I look forward to working with you and the Park Commission on the continued development of the
Shorewood park system.
Sincerely,
~ ~1E'~~
R. Mark Koegler, RLA
Senior Vice President
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RMK:dbm
Enclosures
7300 Metro Boulevard, Suite 5.25, Minneapolis, Minnesota 5 - ~ 5C
(612) 835-9960 Fax (612) 835-3160 --r-
Creative Solutions for Land Planning and Design
Hoisington Koegler Group Inc.
11113
~n
September 3, 1997
Mr. James C. Hurm
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331-8927
Dear Mr. Hurm:
This letter proposal outlines a Scope of Services, Fee Schedule and other elements which together
constitute an agreement between the City of Shorewood, Minnesota hereinafter referred to as the
CITY, and HOISINGTON KOEGLER GROUP INC., hereinafter referred to as the CONSULTANT,
for professional planning and design for park and recreation projects, hereinafter referred to as the
PROJECT.
Under this agreement, the Consultant will provide the City with general and specific park and
recreation planning and design services under the direction of the City Administrator. The Work
Program that is included herein is intended to serve as a general guide to services, however, the
scope may change depending on identified needs and specific circumstances.
APPROACH
The CITY and CONSULTANT agree as set forth below:
A. WORK PLAN - BASIC SERVICES
1. Trail Plan Review and Update - HKGi will work with the Park Commission and City
Staff to review and update the Trail Plan as appropriate. This task may involve the
following steps:
A. Conduct a review of the existing Trail Plan and collectively decide which portions
of the plan remain current and which need to be updated.
B. Review and define or redefine the purpose of the Trail Plan. Clearly delineate the
purpose of various trail segments such as those that provide access, those that are
recreational in nature, and those which serve primarily a transportation function.
Shorewood Professional Services Contract
Page 1
7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439
(612) 835-9960 Fax (612) 835-3160
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C. Review the need for a survey addressing the demand and support for trails. If it is
determined that a survey is needed, assist the City in structuring the survey to
include other park issues.
D. Review the overall trail alignments to ensure that they represent a minimal system
that accomplishes defined goals. Seek input from the school district on the
relationship between trail locations and school walking routes.
E. Meet with the City Council to review the survey results and the initial review of the
existing Trail Plan. Seek policy direction from the City Council in order to ensure
that the plan is consistent with their overall direction.
F. Conduct a public meeting(s) to review trail planning issues and draft amendments
to the Plan. At the meeting, use graphic techniques to show trail alignments, the
impact of trails on abutting properties and flexibility in alignments to accommodate
fixed objects such as existing trees, rock gardens, etc.
G. Prepare a final draft of the Trail Plan for review and approval by the Park
Commission.
H. Trail Plan review and adoption by the City Council.
1. Work with the Park Commission on implementation of the identified first phase.
B. Magic Square - The Park Commission has defmed a concept for a "magic square" which
is a multi-purpose recreational facility. HKGi will prepare a series of schematic sketches
for various magic square configurations including different activities involving but not
necessarily limited to court games, basketball and tennis. In meetings with the Park
Commission, the configurations will be reviewed and a prototype will be developed. A
final plan will be prepared.
C. Green/Open Space Review - This task includes a review of green/open space in
Shorewood Parks. Although this issue is likely to be focused on Badger and Freeman
Parks, it will also probably include a more general discussion of balancing active and
passive pursuits in Shorewood's park system.
D. Park Master Plan Review - HKGi will work with the Park Commission to review the
master plans for Freeman and Badger Parks in order to determine the most appropriate
way to complete the development of each of the park facilities. The process will likely
involve a field review of each of the parks, a review of the current master plans,
proposed plan modifications and preparation of a final master plan graphics.
E. Park Record Drawings - HKGi will prepare record drawings for each of the parks in
Shorewood. The drawings will be compiled from City records and from field
measurements. Because they will not all be based on actual surveys, they will be
accurate for planning purposes, not detailed design.
Shorewood Professional Services Contract
Page 2
F. Miscellaneous Park Planning - HKGi will provide general park planning services to the
City of Shorewood in response to issues that arise. Such services shall be under the
direction of the City Manager.
B. SCOPE OF ADDITIONAL SERVICES
The following services have not been authorized by the CITY, but are available upon written
authorization by the CITY:
1. Additional work requested by the CITY which is not identified as a Basic Service in
Paragraph A.
C. FEES FOR PROFESSIONAL SERVICES
The CITY agrees to pay the CONSULTANT for services rendered as follows:
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1. All work under this contract shall be under the direction of the Shorewood City
Administrator. Because of the varied nature of work tasks, HKGi will provide a
written estimate of the total cost of each task prior to initiation of work. Fees for
services shall be based on the CONSULTANT'S currently hourly rate schedule plus
incidental expenses as shown on Attachment A. Where appropriate, fees for various
tasks shall be on a not-to-exceed basis. In such cases, the stipulated fee will not be
exceeded without changes in the scope of work authorized in advance by the City of
Shorewood.
2. For the CONSULTANT'S Optional Services described in Paragraph B above, a fee to
be negotiated or as determined by a fee proposal. For Additional Services not
identified but requested by the CITY, a fee based on the CONSULTANT'S current
hourly rate schedule plus incidental expenses or a negotiated fee. .
3. Prior to proceeding with any services above and beyond those outlined in the Basic
Services package, the CONSULTANT shall submit a written request and cost estimate
and obtain written City Council authorization.
4. Statements will be submitted to the CITY monthly as work is completed and shall be
payable within 30 days of receipt by the CITY.
5. The CONSULT ANT reserves the right to suspend services if the CITY is delinquent
in making payments in accordance with this agreement.
Shorewood Professional Services Contract
Page 3
D. SCHEDULE
The services of the CONSULTANT will begin upon execution of this agreement and will,
remain in place until terminated by either party. Annually, the CONSULTANT shall notify
the CITY of any changes in the hourly rate schedule (Attachment A).
E. NONDISCRIMINA nON
The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex,
national origin, or handicap unrelated to the duties of a position, of applicants for
employment or employees as to terms of employment, promotion, demotion or transfer,
recruitment, layoff or termination, compensation, selection for training, or participation in
recreational and educational activities
. F. EQUAL OPPORTUNITY
During the performance of this Contract, the CONSULTANT, in compliance with
Executive Order 11246, as amended by Executive Order 11375 and Department of Labor
regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The CONSULTANT
shall take affirmative action to insure that applicants for employment are employed, and that
employees are treated during employment, without regard to their race, color, religion sex or
national origin. Such action shall include but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination, rates of payor other forms of compensation; and selection for training,
including apprenticeship. The CONSULTANT shall post in conspicuous places available
to employees and applicants for employment notices to be provided by the Government
setting forth the provisions of this nondiscrimination clause. The CONSULTANT shall
state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the
foregoing requirements of this paragraph in all of its subcontracts for program work, and
will require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
.
G.
TERM, TERMINA nON. SUCCESSORS. ASSIGNS
1. The Term of this agreement shall be concurrent with the work authorized and shall be
in accordance with a schedule to be established between the CITY and the
CONSULTANT.
2. Termination may be accomplished by either party at any time by written notice ten
(10) days prior to termination. This shall not relieve the CITY of its obligation to pay
for the full value of the services performed to the date of termination.
Shorewood Professional Services Contract
Page 4
3. Neither the CITY nor the CONSULTANT shall assign, sublet or transfer its interest in
this Agreement without the written consent of the other.
4. The time schedule shall not apply and/or time extensions will be allowed for any
circumstances beyond the control of the CONSULTANT.
5. This Agreement shall be governed by the laws of the State of Minnesota.
H. REVOCATION
If this Agreement is not signed and accepted by both parties within sixty (60) days of the
contract date, it shall become null and void.
I.
AUTHORIZA TION
IN WITNESS WHEREOF, the CITY and the CONSULTANT have made and executed this
Agreement for Professional Services,
This
day of
,1997.
CITY OF SHOREWOOD, MINNESOTA
In Presence of:
HOISINGTON KOEGLER GROUP INC.
In Presence of:
~b -
R. Mark Koegler, Sen - r VIce President
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~r
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Shorewood Professional Services Contract
Page 5
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ATTACHMENT A
m~
Bin
HOISINGTON KOEGLER GROUP INC.
1997 HOURLY RATES
Principal ................................... $80-110/hr
Professional III ............................... $60-75/hr
Professional IT ................................ $45-55/hr
Professional I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35-40/hr
Technical. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25-40/hr
Secretarial ..................................... $37/hr
Testimony
$ 140/hr
* 5% discount for retainer services
Incidental Expenses:
Mileage ..................................... 31lt/mile
Photocopying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15lt/page
Outside Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Actual Cost
Diazo Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Actual Cost
Draft Plotting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.00 each
Vellum Plotting . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $10.00 each
Color Plotting .............................. $20.00 each
Shorewood Professional Services Contract
Page 6
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612-835-316121
494 PI2I2
SEP 1214 '97 13:58
HOISINGTON KOEGLER
Creativc Solutions for Lalld PIallnini and Ocaign
Hoisington Koegler Group Inc.
(1]13
110
September 4, 1997
Mr. James C. Huxm
City Administrator
City of Shorewood
5755 Countty Club Road.
Shorewood. Minnesota 55331-8921
Dear Jim:
Consistent with the agreement for Professional Planning Services dated September 3, 1997. the
following letter more specifically outlines the work necessary to update the Shorewood Trail Plan.
The work program involves the following:
A. Conduct a review of the existing Trail Plan with staff and the Park Commission and collectively
decide which portions of the plan remain current and which need to be updated.
B. Review and define or redefine the purpose of the Trail Plan. Clearly delineate the purpose of
various trail segments such as those that provide access, those that are recreational in nature, and
those which serve primarily a transportation function.
c. Review the need for a survey addressing the demand and support for trails. If it is determined
that a survey is needed, assist the City in structuring the survey to address trails and to include
other park issues. The City will have the responsibility for preparing, distributing and tabulating
the survey.
D. Review the overall trail alignments to ensure that they represent a minimal system that
accomplishes defined goals. Seek input from the school district on the relationship between trail
locations and school walking routes.
E. Meet with the City Council to review the survey results and the initial review. of the existing
Trail Plan. Seek policy direction from the City Council in order to ensure that the plan is
consistent with their overall direction.
F. Conduct a public meeting(s) to review trail planning issues and draft amendments to the Plan.
At the meeting. use graphic techniques to show trail alignments, the impact of trails on abutting
properties and flexibility in alignments to accommodate fixed objects such as existing trees, rock
gardens, etc.
G. Prepare a final draft of the Trail Plan for review and approval by the Park Commission.
7300 Metro Boulevard. Suite 525, Minneapolis, MinnesOta 55439
(612) 835-9960 Fax (612) 835-3160
612-835-3160
HOISINGTON KOEGLER
494 PI2I3
SEP 04 '97 13:59
Mr. James C. Hurro
September 4, 1997
Page 2
H. Trail Plan review and adoption by the City Council.
Based upon the above scope of work, the fee for the trail plan update will not exceed $3,500.00,
exclusive of any requested computer photo images. The finished Trail Plan product will be a set
of camera ready text and graphics originals for printing and/or copying by the City of Shorewood.
Completion of the Trail Plan can occur consistent with a schedule to be established by the City. In
general, it is expected that completion will occur within approximately 120 days depending on
upcoming meeting schedules of the Park Commission and City Council.
We appreciate this opportunity to provide a more detailed proposal for the Shorewood Trail Plan
update. Please let me when you are ready to proceed with this work.
Sincerely,
~~
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R. Mark Koegler, RLA
Senior Vice President
RMK:dbm
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, AUGUST 5, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Pisula called the meeting to order at 7 :02 p.m.
ROLL CALL
Present:
Chair Pisula; Commissioners Borkon, Foust, Kolstad, and Lizee; Planning
Director Nielsen; Engineer Brown; Council Liaison O'Neill.
Commissioners Champa and Turgeon.
Absent:
APPROVAL OF MINUTES
Borkon moved, Kolstad seconded approving the July 1, 1997, and the July 15,
1997, Planning Commission Meeting Minutes as presented. Motion passed 5/0.
1. PUBLIC HEARING . CONDITIONAL USE PERMIT FOR CONCEPT
PLAN OF PLANNED UNIT DEVELOPMENT FOR SENIOR HOUSING
COMMUNITY
Applicant: Eagle Crest Northwest
Location: 25600 Highway 7 and 6140 Eureka Road
Planning Director Nielsen reviewed the request in detail and Engineer Brown discussed
engineering issues relative to this matter.
Bill and John Gleason appeared on behalf of Eagle Crest Northwest. Mr. Bill Gleason explained
the development company builds townhomes, primarily senior townhomes. He noted the 20-foot
roadways are built in accordance with city specifications. In addition, the association is set up so
there are sufficient reserve funds in the future to cover road replacement.
Mr. Gleason did not feel 80 units to be sufficient senior housing to accommodate the City of
Shorewood. He noted private streets are utilized to keep costs down. When public streets are
used, density is lost. Mr. Gleason stated density is the key to keeping the price reasonable. He
stated the goal price per unit to be $120,000, base price. Mr. Gleason reported on other Eagle
Crest Northwest projects in Brooklyn Park, Rogers, St. Michael and Maple Grove. Mr. Gleason
stated with respect to density, given what is allowable, the density of this project is less.
Mr. John Gleason described a typical unit and pointed out all appliances are included in the
purchase price. In addition, he displayed a floor plan of a proposed unit. He noted all units are
designed to be completely handicapped accessible. Additional storage can be provided above the
garage stall area.
Mr. Gleason stated this particular design reduces the association costs and allows for building up a
surplus to address any unforeseen costs which could arise at some point in the future.
Chair Pisula opened the public hearing at 8:03 p.m.
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 . PAGE 2
Bob Bean, 5285 St. Albins Bay Road, appeared and reemphasized there is no variance to zoning
being requested. There are longstanding ordinances to promote senior affordable housing within
Shorewood. He stated this has been a long term goal of the City and commitments were made to
the Metropolitan Council. He stated there is an objective to create more and affordable senior
housing.
Relative to the task force of 1991, Shorewood has seen the highest rate of growth in seniors over
the last 15 years of any of the southshore communities. The original task force identified a need in
excess of 600 units.
Mr. Bean referenced a survey in which approximately 1,300 people were surveyed. Of those
surveyed, approximately 400 responded. Thirty percent of the respondents indicated a desire for
affordable senior housing in the southshore communities.
Mr. Bean felt the subject site to be one of the most desirable in the city for this type of project given
the significant park area on three sides and the collector street on the fourth side.
Mr. Bean questioned how many of the 19 sites which were identified in the study are still available
today, six years later. He felt this proposal addresses traffic concerns. He believes this to be a .
project which Shorewood needs and felt that available opportunities are being lost and the City
should move forward on this type of project.
Jay Venero, 5985 Seamons Road, felt dramatic changes which are being proposed for Highway 7
will affect the traffic in the area and concentrating traffic on Eureka Road.
Mr. Venero did not feel the assessment which has been done truly depicts the project which will
result. He questioned the arrangements which have been made relative to the wetland area. Mr.
Venero was concerned with the density of the project and he felt this would cause problems for
adjacent property owners. He did not feel landscaping would create a sufficient buffer.
Mr. Venero stated the area is flat and drainage will occur through the wetland. He felt there to be a
possibility of water backup across Eureka Road and to properties to the east side of Eureka Road
because of the present drainage which exists in the park.
Mr. Venero noted there is an indication a 6-inch watermain is inadequate for the project so the City .
is contemplating closing the loop back to Eureka Road. He believes the City will bear significant
costs relative to water, widening of the streets and abatement of the water problems which come to
pass given the hard surface which is involved. Mr. Venero stated he would be in favor of a lower
density, possibly single family type development.
Colleen O'Neill, 25540 Nelsine Drive, expressed concern relative to the density of the proposed
project. She felt traffic on Eureka Road to also be of concern given the roads which are proposed
to be closed in addition to the traffic produced by the development. She also expressed concern
this development will be pushing more water into Shorewood, there will be another PUD and
noted there is also no public transportation out to this area.
Ms. O'Neill requested further information relative to the study which was completed regarding the
2.7 acres of the site being wetlands. She questioned whether that study is still valid given the fact
it was completed quite some time ago. Ms. O'Neill raised concern relative to the proposed public
street which the development will hinge on. She questioned a proposed public street on a project
that is currently going through an approval process.
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PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 3
Ms. O'Neill asked if the $120,000 figure would include association costs as well as possible
increases in the costs. She suggested a wetlands expert be included on the walk through of the
site with the Planning and Park Commissions to comment on the vegetation and its purpose relative
to the wetlands.
Ms. O'Neill inquired as to the status of the Comprehensive Plan and how any possible changes to
the Comprehensive Plan would affect the proposed development.
Ms. O'Neill asked for further information relative to the developers and whether or not they had
completed prior projects in Shorewood and have experience with sites which contain wetlands.
She cited a number of problems which have occurred in other projects within the city. Ms. O'Neill
suggested the City check with other cities in which this particular developer has completed
projects.
Mike Peterson, 5910 Eureka Road, had no further comment. He echoed the sentiments of Jay
Venero and Colleen O'Neill.
Shirley Wagner, 25720 Highway 7, echoed the comments of Bob Bean. She also pointed out
senior citizens are not out on the roads all the time. She stated senior citizens would generally be
out during off peak times.
Ken Dallman, 5780 Eureka Road, stated he is in favor of senior housing, although he felt the price
of the homes as well as the number of homes being proposed to be excessive.
Mr. Dallman suggested carrying the park swamp further and that the entire piece of land south of
the proposed public street be exchanged for the area of the most northern unit. That unit could be
placed farther south along Highway 7. This would allow for proposing a road. It would also give
the park a better piece of land to the north which could accommodate an additional ball field.
Mr. Dallman also felt lights and noise from the park to be an issue. In addition, he felt the park
dedication fee could be improved and commented on the concession stand which has been
considered for the park and the cost of the sewer line for this stand. He suggested there may be a
trade off.
Lela Graupmann, 23240 Park Street, Excelsior, Advisory Board for Southshore Senior
Community Center, noted many seniors have moved away because there is only a limited area for
them to reside. Ms. Graupmann noted when contacting seniors by telephone to remind them of the
public hearing, the response she received from many of the seniors contacted was that they do not
drive after dark and would therefore be unable to attend the meeting.
Ms. Graupmann noted the seniors are moving to Victoria, the patio homes in Chanhassen and
Presbyterian Homes at Glenn Lake given the lack of senior housing in Shorewood. She
questioned property taxes on the $120,000, water and sewer fees in addition to association fees.
Ms. Graupmann questioned whether there would be another site where a senior apartment section
could be located. In addition, she asked if the walk through of the site development would be
published in the Shorewood newspaper so residents would be aware of it.
Jim McDougle, 25425 Mann Lane, inquired as to the cost in widening Eureka Road to 50 feet up
to Smithtown Road. Planning Director Nielsen explained the 50 feet would not be the traveled
surface. The traveled surface on a collector street would be approximately 26 to 30 feet wide.
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 4
Mr. McDougle commented on the density of the site and expressed concern relative to water
drainage and the possible flooding which could occur. With respect to purchase of the homes, he
asked what would happen if the homes did not sell.
Ingrid Schaff, 25605 Smithtown Road, commented on the quality of life and did not see any
quality of life for seniors who wish to remain in the area. She noted seniors are forced to leave the
community in an effort to obtain affordable housing.
Ms. Schaff asked if there would be any state funding which would be available on this project to
cover some of the road costs and to assist with the drainage problems. She noted drainage
problems have always existed on Eureka Road and felt possibly some type of funding could be
sought to address this problem.
With or without senior housing, Ms. Schaff felt there would be a stacking problem with Freeman
Park regardless of the type of housing which would develop on this site. She pointed out this is
simply a proposal and she encouraged everyone to work together to reach a solution to this
problem. Ms. Schaff also inquired whether TIP financing has been investigated.
Jim Pennington, 5860 Eureka, expressed concern that high density housing will at some point
become a target for Section 8 housing. He stated he is in favor of the high cost of living in .
Shorewood. Mr. Pennington also expressed concern relative to seniors pulling out onto Highway
7.
Colleen O'Neill asked for an explanation of what an upgrade to Eureka Road would consist of.
Kathy McDougle, 25425 Mann Lane, stated her main concern is Eureka Road and the amount of
traffic which will be directed onto that particular road. She also inquired relative to the cost of
street lights and any other improvements which may be anticipated.
David Hoo, 23260 Park Street, believed there to be a need for senior housing in Shorewood. He
felt the only problem in building affordable senior housing will be the higher density which will
result.
Bill Colopoulos, 26215 Shorewood Oaks Drive, suggested finding a way to work into the project
a plan which would provide a guarantee that the property taxes would be at a fixed rate for the
duration of the senior's tenure in their home. He suggested Senator Oliver and the City Assessor
be asked for input on this suggestion.
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Jay Venero, 5985 Seamans Drive, suggested egress to areas other than Eureka Road could be
provided or redone. He stated everyone will have to make a sacrifice for this type of project and
felt this could be done in a reasonable manner.
Beverly Koehnen, Shakopee, requested information regarding the developer.
Gloria Holm, 5315 Eureka Road, visited a model home and stated they are very attractive and felt
they would be very appealing to seniors.
Bill Hardenburgh, Seamons Drive, inquired how many of the 20 units would be purchased by
senior residents of Shorewood as opposed to seniors from other areas.
Hearing no further testimony, Chair Pisula closed the public hearing at 8:55 p.m.
Chair Pisula recessed the meeting at 8:55 p.m. and reconvened at 9:04 p.m. (At this time,
consideration was given to Agenda Item No.3.)
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PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 5
Planning Director Nielsen was asked to address the question of how many sites remain for senior
housing from the original study which was completed. Nielsen explained 35 sites were studied,
however a number of the sites came under development. He noted most of the top five sites which
were studied still remain. In addition, there may be other sites which would receive a higher
ranking based on the extension of city water down Smithtown Road.
Commissioner Borkon asked Mr. Bean to explain his familiarity with senior housing and what his
involvement has been with the seniors. Mr. Bean explained he first became involved in these
issues when he served on the Planning Commission a number of years ago. Over the past year,
Mr. Bean has joined the Board of the Friends of the Southshore. He stated he has been
volunteering and been involved with Senior Community Services which is a United Way funded
agency which provides senior programming throughout the Twin Cities.
The question was raised whether an accurate traffic study was completed on Eureka Road. Brown
stated there had not been a traffic study completed. He noted that as a part of the potential closures
proposed by MNDOT, there have been discussions relative to paying special attention to the entire
Eureka Road/Country Club/Y ellowstone Path area.
The developer was asked for his experience with traffic flow studies with senior developments.
Mr. Gleason stated some studies have been done in other areas and typically seniors are not out at
rush hour and generally not after dark. As far as traffic problems, these would not be the people
stacking up in the traffic from the park.
Chair Pisula inquired how many trips are generated from a single family home. Nielsen stated
according to the ITE (Institute of Traffic Engineering) studies reviewed by staff, there would be a
range of eight to ten for a single family and usually five to eight from a townhome. It is also
suggested these are non-peak hour type trips.
The question had been raised whether density will create problems for abutting property owners.
Nielsen stated problems associated with density typically have to do with traffic and often times
aesthetics. The nature and character of the buildings are single family in nature. Since the homes
are single level, they are easy to landscape and screen from view.
With respect to drainage, Nielsen explained there are problems with drainage throughout the
community. Nielsen stated controlling drainage is particularly difficult and, therefore, it is critical
that ponding which is created is sized to accommodate that development.
Relative to the size watermain which will be necessary, a six inch watermain with a loop to
Srnithtown will need to have a 12-inch watermain. Brown stated the plan analyzes the entire
system fully developed and an 8-inch water main was determined appropriate at that time.
A question was raised whether the Eureka Road upgrade would be from Srnithtown and if it
include a walking path. Brown explained the proposal being considered has to do with the section
between the east/west road and Srnithtown Road. He stated that would be a decision of the city.
Relative to the availability of state funds, he noted Eureka Road is a part of the state aid system.
There are requirements of curb and gutter and maintaining design widths in order to use those
funds.
Relative to Ms. O'Neill's questions regarding the delineation of the wetlands and the study which
was completed, Nielsen stated the area which is shown on the plan is the City's designated wetland
which was the result of a study which was completed in the 1970s. As a part of any development,
the City requires, as a part of the Wetland Conservation Act, that wetland delineation would need
to be completed.
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 6
When the actual delineation is done, a boundary different than that reflected by the city may be
determined. In that case, any setbacks which would be imposed would be based on the more
conservative wetland delineation. Until such time as the wetland delineation is completed by a
wetland expert and a report is generated, the number is reflective of the City's current mapping.
Nielsen stated he will attempt to have someone knowledgeable in wetlands accompany the
Commissions on their walk through of the proposed project.
A question had been raised relative to association fees and whether they are included in the cost of
the project and how future private road maintenance would be funded. Mr. Gleason explained the
purchase price does not include the monthly association fee, however, a portion of the monthly
association fee would be put into a reserve account for future road maintenance.
Questions were also raised relative to the developer and whether or not Eagle Crest has previously
worked in Shorewood and if the developer has experience working with wetland areas. Mr.
Gleason stated his background is in land development. He listed a number of projects involving
wetlands which have been completed by Eagle Crest. Mr. Gleason stated an expert will be hired
by the developer to complete the wetland delineation.
Ms. O'Neill had also asked if this development pushes water into the city and whether there are .
changes in the Comprehensive Plan for water at this time. Nielsen stated there has been a change
in the Comprehensive Plan in terms of the direction for city water. The current Council has
attempted to make this a voluntary system for both current residents and developers.
Nielsen stated it has been determined that the extension through Freeman Park to this development
would not provide fire flow by itself and, therefore, the Fire Marshall has recommended a
sprinkler system for the buildings. At this time, the Council does not intend to extend water down
Eureka Road.
Brown stated by exploring alternatives, it was not the intention to push watermain down Eureka
Road, however, it was the alternative which worked and provided fire flow. At that point, the
issue becomes one of feasibility and cost in trying to keep the. range to a level where senior housing
can be kept at $120,000.
Commissioner Kolstad asked if less pressure is used for a sprinkler system versus the fire flow.
Brown explained less flow would be required. When looking at the fire flow of a water system,
the criteria typically used is conservative.
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Questions had been raised relative to ponding and the predevelopment standards on 100 year
floods. Brown stated MCWD criteria require that the development must maintain the predeveloped
run off rate. Once hard surfaces have been added, they cannot release more water than peak rates.
Regarding the validity of the 1991 Senior Needs Study, Nielsen felt in general the conclusions of
the study are still valid and there is still a need for senior housing. He pointed out the study was
not exclusively focused on Shorewood, but rather the four communities which make up the south
shore. There are studies which show a certain percentage of the people who occupy these units
come from a specific radius.
Chair Pisula asked Mr. Gleason to identify the marketing work which was done to clarify and
identify demand for such a project in the area. Mr. Gleason explained a list was made up of
residents in the Shorewoodffonka Bay area who are 60 and older and there were just under 2,000
identified. Mr. Gleason stated the developer is prepared to send out a mailing to residents in the
area, meet at the senior center and work with residents regarding their concerns.
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 7
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Mr. Venero expressed his belief if the citizens of Shorewood are asked to accept this development
within the community, it should be for the residents of Shorewood and the study needs to reflect
whether the demand exists in Shorewood and not a greater area than that.
Commissioner Lizee raised the issue of exclusivity, noting if the units are purchased, the taxes are
paid in Hennepin County, State of Minnesota and City of Shorewood. Mr. Venero felt if there is a
demand for 80 units in Shorewood, this would be a legitimate request, however, he would not
consider it legitimate if it takes into consideration an area outside of Shorewood. Mr. Bean stated
the census numbers as well as City statistics show this demand does relate to Shorewood.
Mr. Colopoulos suggested an idea of land swapping which would solve access problems from the
park and development perspective.
Mr. Gleason was asked to address the issue of density. He explained smaller units would not be
desirable. Once units are removed, the cost increases and must then be spread among the units.
He noted if he could make the development denser, he would make it denser to lower the cost.
Mr. Gleason stated he would be willing to look at alternatives which would benefIt both the park
and the developer.
Mr. Dallman raised questions relative to a lighting plan and possibly a reduced park dedication fee
as a trade off for sewer lines into the park for the concession stand. Brown stated there have been
discussions regarding obtaining sanitary sewer service for the concession building for Freeman
Park. Sanitary sewer mains have not been in close enough proximity to allow for this to happen.
Nielsen stated at this stage of the concept stage, street lighting has not been proposed, although it
would be reasonable to expect some type of internal street lighting within the project. Mr. Gleason
stated the project was designed to avoid the use of street lights.
Concern was raised relative to possibly the need for a stop light on Eureka Road and Highway 7.
Brown explained MNDOT has determined there is no potential need for a signal light at this
particular location. .
With respect to concerns raised by Ms. Graupmann, Nielsen explained the City performed a study
approximately four years ago to review actual sites. Of the three or four sites, a couple of the sites
. were determined more suitable for multiple family and not suitable for single family type housing.
Regarding the question of water and sewer fees for seniors, Nielsen stated the initial charges are
reduced based on the development potential and the current zoning. To date, the Council has not
considered a lower rate for senior housing. With respect to property taxes, there is a deferment
option which may be available.
Nielsen also explained TIF financing is available and the previous Council had expressed an
interest in considering tax increment fInancing for a number of parts of a senior housing project.
The Council would need to be in agreement on this issue. Brown explained there is an amount of
proposed legislation relative to eliminating TIF districts or limiting them.
Nielsen stated information may be included in the Shorewood newsletter relative to the proposed
development. Ms. Graupmann felt that would be better than paying postage to send a notice to all
of the Shorewood residents.
Mr. McDougle questioned the cost of widening Eureka Road from the current 21 feet to 26 to 30
feet. Brown stated because the numbers are dependent on right-of-way costs, he would not be
able to answer that question at this time.
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 8
Relative to Mr. McDougle's questions regarding run off and where it would flow to and whether
or not there is adequate drainage on the site, Brown explained the water runs through Freeman
Park, under the LRT and ultimately to the wetland between Howard's Point Road and Grant
Lorenz. He noted most of the drainage problems are attributed to Eureka Road as opposed to the
proposed development.
Mr. McDougle's questions regarding the sale of the units was addressed by Mr. Gleason who
pointed out the demand greatly exceeds their best projections. In addition, the units are built as
they are sold. Mr. Gleason assured this is not the type of project which will become Section 8
housing.
Ms. Schaff had inquired relative to state financing which would be available for road costs and
drainage. Brown explained the only financing he is aware of would be state aid which again raises
the issue of curb and gutter.
A question was raised regarding who would pay for street lights. Nielsen explained when the City
has approved street lights in the past, NSP has paid the initial installation and the City pays the
monthly electric bill.
With respect to Mr. Venero's concern regarding local occupancy of the units, Chair Pisula asked if
it would be feasible to have a period of time which involves only Shorewood residents. Mr. John
Gleason stated the first marketing would be made to the Shorewood and Tonka Bay seniors.
Relative to the $120,000 cost per unit, Commissioner Kolstad asked how the City could encourage
the developer to keep that price rather than increasing it. Nielsen stated at this point, the most
available way to ensure this would be to have some discussion relative to water fee reductions
which would be contingent on a certain sale price.
Mr. Gleason stated the goal is for the development to be as affordable as possible and stay within
the $120,000 range. Commissioner Kolstad questioned how the price would be enforced.
Nielsen stated this could be handled through the development agreement. In the event a unit sold
for more than $120,000, there would be no fee reduction.
Commissioner Kolstad asked what type of services could be available to the seniors such as bus
service which would be available to the senior center. Nielsen stated a new mass transit plan was
recently initiated and felt that service could be extended to that area and possibly this could be
arranged through Dial-a-Ride.
Commissioner Kolstad expressed a concern about green space and the quality of development.
She did not feel the number of homes fit in with her idea of green space and quality of life. She
commented on common areas which build a sense of community.
Commissioner Foust questioned whether the ordinance is too liberal in the amount of density
which can be put in. Nielsen stated it could be particularly with the stepdown, single level type of
housing.
Commissioner Foust asked the Mr. Gleason to describe some of their previous developments. Mr.
Gleason stated the oldest development is located in Brooklyn Park and is two years old. The
newest development is- in Maple Grove and the ground breaking occurred the just one day ago.
There were projects in Rogers and Brooklyn Park which opened this last spring. In addition, there
are other non-senior type projects in Brooklyn Park and Savage.
.
.
.
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PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 9
Commissioner Foust asked how surrounding property values were impacted by these
developments. Mr. Gleason stated in every case a singe family development is adjacent and the
property values have not been affected.
Chair Pisula asked Mr. Gleason to leave a list of project locations, as well as hours of operation for
the existing developments with Planning Director Nielsen.
Commissioner Foust inquired as to the resale value on some of the properties in Brooklyn Park.
Mr. Gleason stated there has never been a resale in this project. Glen Haven in Brooklyn Park was
established approximately 10 years go by another developer, however, the project has been very
stable with minimal transitions.
Commissioner Foust commented he is intrigued with the project and is looking forward to working
through the project.
Commissioner Borkon stated she is also very intrigued by the proposal. She commented the
proposed development is something she feels she can go through the next stage with.
Commissioner Borkon asked Mr. John Gleason to comment on the main concerns which were
raised at the neighborhood meetings. Mr. Gleason stated the major concern to be that of density.
Commissioner Borkon commented on the Comprehensive Plan as well as the goals which are
provided for in the Livable Communities provision of that plan and stated for those reasons this is
an appropriate proposal to be considered.
Commissioner Borkon asked what elements will be covered in the next stage. Nielsen explained
the development stage plans are considerably more detailed and will include more specifics relative
to landscaping.
Commissioner Borkon stated she is not happy with the 80-unit density, however, she was unsure
how to resolve this since the price of $120,000 was determined by Metropolitan Council to be
affordable.
Commissioner Borkon asked if the price will be increased due to inflation. Mr. Gleason stated
there will be some increase.
Commissioner Borkon asked how the police protection be affected by the increase in density.
Nielsen was unsure of the demand which would be placed on police protection by a senior project.
He would expect to see a higher use of emergency vehicles.
Commissioner Borkon questioned whether the City can require only one garbage collection
company be utilized under the P.D.D. agreement. Nielsen stated a development such as this may
voluntarily contract with one company. This issue can be further address during the next stage.
Commissioner Borkon expressed her concern about Eureka Road being designated as a collector
street. She felt an effort was made to remedy the situation by the right-of-way which is being
designated. Council Liaison O'Neill felt the width of Eureka Road to be insufficient.
Commissioner Borkon asked if there is sufficient space to allow for fire vehicles. Nielsen stated
the Fire Marshall has been consulted and will review the area to see if the space provided is
adequate.
Commissioner Lizee stated she is excited about the prospect for affordable senior housing. On the
special development criteria regarding occupancy, senior housing is limited to persons 62 years of
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 10
age or older. She asked if this would have to be the purchaser and raised the issue of a home
health aide who may reside on the premises. Nielsen stated this would have to do with occupancy
and whoever actually lives at the property. There are provisions for a live-in health care provider
who is younger than 62 years of age.
City Attorney Dean is researching the issue of age restrictions. At the present time, the ordinance
provides that both residents must be a minimum of 62 years of age.
Commissioner Lizee felt it would behoove the Planning Commission to take a field trip to one of
the sites. She felt the meetings concerning this issue should be made more available to the seniors
who would like to attend and suggested a Saturday afternoon daylight hours meeting.
Commissioner Kolstad stated she would like to hear more from the senior citizens on this matter.
Chair Pisula felt this to be a proposal which could move forward. He stated he has an interest in
keeping the current zoning. Chair Pisula also inquired whether there will be space available for
garden space. Mr. Gleason stated this would be controlled by the association which is ultimately
controlled by the residents of the development.
Chair Pisula asked if there have been situations in any of the other projects where residents have .
requested building things such as decks which would encroach into the green space. Mr. Gleason
noted the only request to come forward was for a butterfly garden.
Kolstad moved, Borkon seconded tabling consideration of the request for a
Conditional Use Permit for Concept Plan of Planned Unit Development for Senior
Housing Community for Eagle Crest Northwest, 25600 Highway 7 and 6140
Eureka Road, to the September 2, 1997, meeting of the Planning Commission.
Motion passed 5/0.
Nielsen reported the date for the walk through is tentatively set with the Park Commission prior to
their meeting on August 12, 1997.
Chair Pisula recessed the meeting at II :24 p.m. and reconvened at 11 :29 p.m.
2. PUBLIC HEARING - RECONSIDER SETBACK VARIANCE
Applicant:
Location:
Richard Hoyt
5710 Ridge Road
.
James Penberthy, attorney for Ingrid and Richard Hoyt, was present and noted the issues which
need to be determined are whether there is a hardship in this particular case and whether a deck on
the shore is a reasonable use of the property. Mr. Penberthy reviewed his Memorandum in
Support of an Application for a Variance by Richard and Ingrid Hoyt, copies of which were
distributed to the members of the Commission.
Mr. Penberthy stated the purpose of the ordinance is to address aesthetic concerns and to provide
for proper preservation of the environment. He further stated Mr. and Mrs. Hoyt have taken steps
to ensure that these requirements have been met.
Mr. Penberthy did not feel the Commission would be establishing a precedent by granting a
variance. He noted the Hoyts had built the deck without a permit. Mr. Penberthy commented the
Supreme Court has stated that in the absence of an after the fact variance request, the Council is
obligated to view the matter as though it were an application before the matter. He pointed out
.
.
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 11
there is a double fee under the building code in a case such as this and that there are penalties
involved.
Mr. Penberthy remarked there had been comments relative to the proposed application not meeting
the intent or the purpose of the Comprehensive Plan. He believed the purpose of the
Comprehensive Plan is to state the goals and the objectives which guide the Commission and
Council in how the city is to be developed. The mechanism for carrying out those goals and
objections is the ordinance, and in this particular case, the Shoreland Ordinance.
Mr. Penberthy referred to the goals and objectives with respect to natural resources which are
referenced in the Comprehensive Plan.
He stated when an ordinance or regulation is enforced, it must be administered fairly and this
would include the variance provisions which are included in the ordinance. If the specified criteria
are met, then a fair administration of the ordinance states that the variance should be granted. Mr.
Penberthy stated this would be considered a neutral enforcement.
Mr. Penberthy provided 26 letters in support of the application and one letter in opposition as well
as photographs of the subject site. He stated while neighborhood support cannot be the sole
reason for granting the variance, it is an important factor which must be considered.
Commissioner Foust asked what hardship exists. He questioned whether the hardship is created
by not allowing the deck. Mr. Penberthy stated the argument is whether or not the deck is a
reasonable use of the property.
Chair Pisula clarified he understood Mr. Penberthy to be saying that not allowing a deck in the
setback area creates an undue hardship for the Hoyts and that the undue hardship does not allow
for reasonable use to be made of the property.
Commissioner Borkon asked for a clarification of Mr. Penberthy's memorandum. Mr. Penberthy
stated his memorandum is a statement of the law and the arguments he makes would be the
arguments the Hoyts would present to the District Court.
Commissioner Borkon felt the Hoyts' argument to be a good one and she asked where the City
stands in relation to this matter. Planning Director Nielsen stated Mr. Penberthy makes a good
case, however, part of the struggle is the notion of what reasonable use actually means. He noted
that definition is somewhat open to interpretation.
Nielsen stated the compromise presented by the Hoyts addresses many of the items the ordinance
attempts to address such as hardcover and aesthetics. He felt from an ethical standpoint, there is an
issue with precedent. Nielsen felt if the City is able to achieve greater compliance with the
ordinance which would result in less hardcover and fewer structures near the water, this would be
acceptable.
Commissioner Kolstad asked what reasonable use is being denied by enforcement of the
ordinance. She stated everyone on the lake has to deal with some sort of setback from the lake and
structures cannot be built within that distance. She questioned what makes this case unique. Mr.
Penberthy stated uniqueness is an important concept to be considered.
Gary Larson, a neighbor, stated almost everyone on the Ridge Road side has a deck on the
lakeshore. The lakeshore cannot be used without a deck because of the topography. Chair Pisula
pointed out the applicants knew the regulations when the property was purchased. Mr. Larson
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 12
stated they also knew there were variance provisions which allow for variances under reasonable
circumstances.
Commissioner Foust stated there are certain types of docks which are put out and, in some cases, a
deck is built out on the dock. He noted that although they are seasonal and removable, they are
still a deck within the 75 foot setback. He asked if this would be a more intensive use than a deck
which is mounted on the land. Mr. Penberthy noted there are different ordinances which apply to
docks. Nielsen pointed out docks are one of the very few things which are allowed along the
lakeshore.
Commissioner Borkon stated she did not like the fact the deck was established without permission,
however, she did feel there could be a hardship and that the property cannot be reasonably used.
Commissioner Kolstad expressed concern there are many properties on the lake which do not
allow for the shoreline to be easily used.
Commissioner Lizee stated the DNR must also be a consideration. Commissioner Borkon inquired
relative to the DNR. Nielsen stated the DNR is possibly more flexible than the City in terms of
what can be placed by the lake. Commissioner Borkon felt one of the most basic issues to be dealt
with to be the basic philosophy of the City. She felt if the philosophy of the Comprehensive Plan .
is that people should be able to make reasonable use of their property, then the Comprehensive
Plan needs to be revisited.
Commissioner Lizee did not agree with Mr. Penberthy that the Comprehensive Plan supports the
requested variance. She stated she does not see a hardship, noting the property is not unique and
there are many properties with similar bluffs.
Commissioner Foust felt the issue comes down to an issue of fairness to a property owner.
Commissioner Kolstad noted the Shorewood ordinance supports that granting a variance will not
confer a special privilege denied to other land, structures or buildings. She felt if the variance
request were to be granted, the Hoyts would be receiving a special privilege which would not be
available to other people with similar circumstances. Without limitation or a way to make it
specific to the problem at hand, the Commission would be opening itself up to many arguments for
structures on the lakeshore.
Chair Pisula stated he is sympathetic to the Hoyts, however, he has voted against this request in
the past and he will vote against it again. He commented the Commission is being requested to
find that not allowing the deck to be built on the lake shore creates a hardship and does not allow
the Hoyts a reasonable use of their property. He noted none of the property owners along Ridge
Road were forced to purchase their properties. Chair Pisula stated there are other individuals who
are not permitted to use particular pieces of property in ways they consider reasonable because
there are conditions attached to the property which preclude their using it.
Commissioner Foust believed there should be more control in being able to set conditions. He felt
that possibly the ordinance should be reviewed to determine its fairness and whether it does what
the City wants it to do.
Commissioner Borkon remarked the Hoyts have a unique piece of property and the hardship is
unique to their property. She stated they did not create the hardship themselves and there is a
desire that citizens have the right to reasonable use of their property.
.
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 - PAGE 13
Commissioner Borkon commented this is a more difficult situation given the fact the property is on
a bluff and because the deck is already in place and the Hoyts have taken steps to remedy the
situation.
Borkon moved, Foust seconded approving a setback variance for Richard Hoyt,
5710 Ridge Road subject to staff recommendations. Motion failed 2/3. (Pisula,
Kolstad and Lizee were the dissenting votes.)
Chair Pisula explained this matter will come before City Council for their consideration on
Monday, August 11, 1997.
3. PUBLIC HEARING - APPEAL REGARDING ZONING VIOLATION
LETTER
Appellant: Howard's Point Marina
Location: 5400 Howard's Point Road
.
(This matter was addressed after the recess under Agenda Item No.1.) The Appellant requested
this matter be tabled to the September 2, 1997, meeting of the Planning Commission given the
lateness of the hour.
Foust moved, Borkon seconded tabling consideration of an appeal regarding a
zoning violation letter for Howard's Point Marina, 5400 Howard's Point Road, to
the September 2, 1997, meeting of the Planning Commission. Motion passed 5/0.
4. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR PLACEMENT
OF PCS ANTENNAE ON THE WEST SHOREWOOD WATER TOWER
(tabled at Planning Commission Meeting of July 15, 1997)
Applicant: Sprint Spectrum L.P.
Location: 26352 Smithtown Road
Planning Director Nielsen explained Sprint PCS has decided not to further pursue application for
the location of Personal Communication Services antennas on the Shorewood water tower site
. located at the Minnewashta Elementary School.
Chair Pisula suggested placement of PCS antennas be the subject of the September work session.
Commissioner Foust suggested another public hearing on this matter.
5. PUBLIC HEARING - C.U.P. FOR BANK FACILITY WITH DRIVE-
THROUGH (tabled at Planning Commission Meeting of July 1, 1997)
Applicant: Bayside Financial Corporation
Location: 23780 State Highway 7
Robin Roberts, President and CEO of Bayside Financial, was in attendance. He explained the
bank has recently reached an agreement in which the building will be sold to the Shorewood
Shopping Center. The bank will lease the property from the Shopping Center for a term of
approximately five years. The issue of an easement of approximately 1,600 square feet has been
agreed to between Mr. Driscoll, the owner of the easement, and the owner of the shopping center.
Mr. Roberts further explained the original easement would be available for five years. During that
time, discussions would continue in an effort to extend the easement with the lease. If this is not
PLANNING COMMISSION MINUTES
AUGUST 5, 1997 . PAGE 14
able to be achieved, a year prior to the expiration of the lease, the bank would relocate an alternate
site. Mr. Roberts explained there will also be multiple branch offices for customer convenience.
Mr. Roberts expects contracts to be signed in the next week or two.
Lizee moved, Borkon seconded approving a Conditional Use Permit for bank
facility with drive-through for Bayside Financial Corporation, 23780 State
Highway 7 subject to staff recommendations and successfully obtaining the
required easement. Motion passed 5/0.
Chair Pisula stated this matter will come before the City Council for their consideration at their
meeting of September 8, 1997.
6. SIMPLE SUBDIVISION
Applicant:
Location:
Peggy Greer, represented by Michael Greer
6045 Chaska Road
Lizee moved, Kolstad seconded approving a simple subdivision for Peggy Greer, .
represented by Michael Greer, 6045 Chaska Road subject to staff
recommendations. Motion passed 5/0.
7. MATTERS FROM THE FLOOR
8. REPORTS
9. ADJOURNMENT
Lizee moved, Borkon seconded adjourning the meeting at 1:05 a.m. Motion
passed 5/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat
Recording Secretary
TimeSaver Off Site Secretarial
.
NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and
strikeouts for deletions.
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, AUGUST 26, 1997
COUNCIL CHAMBERS
SOUTHSHORE SENIOR CENTER
4:00 P.M.
MINUTES
CALL TO ORDER
Chair Pisula called the meeting to order at 4:00 p.m.
ROLL CALL
Present:
Chair Pisula; Commissioners Kolstad, Lizee and Turgeon; Planning Director
Nielsen; Councilmember Stover.
Absent:
Commissioners Borkon, Champa, Foust; Council Liaison O'Neill.
1.
INFORMAL DISCUSSION REGARDING CONCEPT PLAN OF PLANNED UNIT
DEVELOPMENT FOR SENIOR HOUSING COMMUNITY
Applicant:
Location:
Eagle Crest Northwest
25600 Highway 7 and 6140 Eureka Road
Bill and John Gleason appeared on behalf of Eagle Crest Northwest. Mr. Bill Gleason explained the
proposed development in detail. Mr. Gleason described a typical unit and point out all of the appliances
which are included in the purchase price. In addition, he provided photographs of a model unit which is
under construction as well as a diagram of the proposed development.
A question was raised relative to basements. Mr. Gleason stated the plans do not provide for basements and
given the water table in the area, it would not be possible to build the homes with basements.
A question was asked about rental units. Mr. Gleason explained the homes are for individual home
ownership. The question was then raised why the housing is specifically for seniors. Mr. Gleason stated it
was a prerequisite in that the City was looking for senior housing. He pointed out there are requirements
which must be adhered to in order to qualify as senior housing. Mr. Gleason also pointed out that
approximately 90 percent of the sales for this type of project have been to seniors. In addition, the subject
property was designated for senior housing.
A question was raised relative to the type of heating to be used and Mr. Gleason stated it is a transit heat
which is, in effect, forced air heat. .
Mr. John Gleason explained the building of a unit and addressed matters relative to construction of the
project.
With respect to drainage, if problems were to arise, there is a central location to drain the foundation and to
pump the water out of the foundation to keep the it away from the house. In addition, Mr. Gleason noted
similar developments he has been involved with have not had these problems arise.
Mr. Gleason pointed out the only appliances which are not included are a washer and dryer. The units can
be customized by moving the location of various rooms in the home. In addition, there are no stairs in the
units and they are completely handicapped accessible.
Questions were raised relative to decorating of the homes. Mr. Gleason stated the home owner would have
a choice of colors as well as vinyl, carpeting and custom made cabinets.
PLANNING COMMISSION MINUTES
AUGUST 26,1997 - PAGE 2
A question was asked regarding the type of windows which are used. Mr. Gleason stated they are double
pane slider windows rather than the crank out type. A question was asked whether crank out windows
could be substituted. Mr. Gleason noted some areas of the home would not be conducive to crank out
windows and it would be desirable for the outside of the units to be uniform in appearance.
A question was raised about fire walls. Mr. Gleason explained the fire and party walls and noted the units
do not connect by the party wall since there is an air space in between the two units. Sounds transfers
would be extremely minimal.
Questions were raised regarding the taxes on a unit in addition to association fees. Mr. Gleason stated he
was unaware of the taxes on the property, however, the association fees in other like projects have been
approximately $89 per month. The association fees would include all snow removal and lawn care as well
as upkeep on the external parts of the building. Exterior building insurance would also be included in this
fee. Nielsen stated a call could be made to City Hall and a comparable could be found and an estimate of the
potential taxes provided.
A question was asked whether the property surrounding the building would be considered common area.
Mr. Gleason explained each unit is plotted with a lot consisting of the area surrounding the unit. There are
restrictions relative to what can be done to that property, however, this is generally controlled by the.
association.
Questions came up as to whether sewer, water and garbage are included in the association fees. Mr.
Gleason stated sewer and water are not included, however, the garbage fees would be included.
A question was raised how the project will be financed. Mr. Gleason commented Eagle Crest Northwest
independently finances the project.
Inquiry was made relative to the price of a unit with the addition of a sun room and a fireplace. Mr. Gleason
stated the developer is still attempting to make this workable. A unit in the Maple Grove development with
those amenities would cost approximately $128,900.
A question was asked about the type of water the development will be utilizing. Mr. Gleason noted it will
be municipal water.
Questions regarding the mitigation of noise from Highway 7 were raised. Mr. Gleason explained there will .
be extensive berming and planting. In addition, this is a low profile unit and noise is not expected to be a
problem.
The issue of landscaping was raised and Mr. Gleason explained there is a budget of $2,000 per unit for
landscaping so he anticipates an extensive landscaping plan will be forthcoming.
Concern was expressed regarding the possible widening of Highway 7. Nielsen explained it is not
anticipated the highway would be widened, however, the current plan would be to upgrade the roadway
which would involve widening the lanes to the extent possible, creating longer right and left turn lanes and
widening the shoulders to the extent possible. Any improvements to be made would be completed within
the existing right-of-way of Highway 7 and would not encroach into the subject development.
A question was raised relative to the $5,000 water assessment and whether each unit is assessed $5,000.
Mr. Gleason explained he is currently addressing this concern and how it will affect a four unit building
versus a single family home.
Chair Pisula reported Councilmember Stover checked with City Hall and the taxes on a $120,000 unit
would be approximately $2,333 per year and for a $130,000 unit, $2,611 per year.
.
.
PLANNING COMMISSION MINUTES
AUGUST 26,1997 - PAGE 3
A request was made for comments from the Planning Commission relative to this particular project. Chair
Pisula stated the goal for senior housing has been in existence since 1990. A survey several years ago
identifIed a need for senior housing. Potential building sites were also identifIed at that time.
Chair Pisula stated the Planning Commission is keeping an open mind at this point and their goal would be
to approve a development which will meet the needs of the people in the area. He noted the Commission
recognizes there are issues which will impact the citizens of Shorewood and need to be addressed. Chair
Pisula also pointed out that senior housing is a goal of the City's Comprehensive Plan. Chair Pisula noted
the Planning Commission will be convening on Tuesday, September 2, 1997, at 7:00 p.m. to continue the
public hearing of August 5, 1997, relative to this proposed development.
A question was raised regarding how a home owner would sell their unit and if a Shorewood resident
would receive preference in purchasing the units. Chair Pisula noted the property would be sold through a
realtor. Mr. Bill Gleason stated the units would be fIrst offered to Shorewood and Tonka Bay residents,
however, when marketing begins, it will be open to everyone.
Questions were raised why the unit cost was originally referenced as $120,000 and it is now referenced as
approximately $130,000. Mr. Gleason explained one consideration is the $5,000 water assessment and the
cost of sprinkling the buildings which would be an additional $2,000. Land costs in Shorewood are also
higher than in other areas.
Mr. Gleason commended the Planning Commission on the interest they have taken in this project by the
research they have undertaken and the visits which have been made to the site by various commissioners.
He noted it is unusual for a Planning Commission to become this involved in a project and he noted his
appreciation for the interest the Commission has taken.
Inquiry was made relative to resale of the property. Mr. Gleason stated there is a large demand for the new
units. He has not had any experience with resales. Resale of homes in a similar project in Brooklyn Park,
the Glenhaven development, have been successful. The homes are generally sold by word of mouth.
A question was raised regarding amenities such as a swimming pool, tennis courts or walking trails. Mr.
Gleason stated there is a walking trail and Freeman Park is adjacent to the property, however, there are no
plans for a tennis court or swimming pool given the expense and burden it places upon the association.
A question was asked whether there is a restriction relative to a resale of the property and who it can be sold
to. Mr. Gleason stated there is a recorded covenant with the property that the residents must be 62 years or
older, however, he was unaware of the specifIcs regarding that restriction.
Concern was raised regarding pet restrictions. Mr. Gleason stated none of the projects thus far have had
restrictions relative to pets, however, city ordinances would control this.
A point was raised that other 62 and older housing developments have reduced the age limit to 55 and older.
Mr. Gleason stated that would not be a consideration with this project and that generally the age reduction is
brought about because the cost of the home is set too high and the clientele changes. He noted seniors are
not looking to increase their costs per month, but to make it easier for themselves to maintain single family
housing.
2. ADJOURNMENT
Chair Pisula adjourned the meeting at 5:19 p.m.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat
Recording Secretary
TimeSaver Off Site Secretarial
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
MONDAY, SEPTEMBER 2, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Pisula called the meeting to order at 7:03 p.m.
ROLL CALL
Present:
Chair Pisula; Commissioners Borkon, Champa, Foust (arrived at 7:45 p.m.),
Kolstad, Lizee and Turgeon; Planning Director Nielsen; Council Liaison O'Neill
APPROVAL OF MINUTES
.
Borkon moved, Lizee seconded approving the August 5, 1997, Minutes of the
Planning Commission as amended on Page 8, Paragraph 7, Sentence 4, change
"until" to "unit"; Paragraph 9, Sentence 2, change "fee" to "feel"; Paragraph 11,
Sentence 3, change to read, "occurred just one day ago." Motion passed 4/0.
(Commissioners Champa and Turgeon abstained.)
1. PUBLIC HEARING. APPEAL REGARDING ZONING VIOLATION
LETTER (tabled at Planning Commission Meeting of August 5, 1997)
Appellant:
Location:
Howard's Point Marina
5400 Howard's Point Road
Jerry Brecke, 27450 Pine Bend Road, was in attendance. He stated he is one of eleven
Shorewood residents who own the marina. He explained the sign has been in its current location
for approximately 56 years. The sign is needed at this particular junction due to the lack of signage
in the area. He felt the basis for the request to remove the sign to be retaliation because a similar
request for sign placement in the area was discouraged.
. Chair Pisula opened the public hearing at 7:15 p.m.
Tom Murphy, 27360 Blue Ridge Lane, stated he actually petitioned to have the sign removed. The
reason for requesting its removal is that it represents the only business sign on Smithtown Road
and it encourages clutter at this intersection. He felt the sign to be an unattractive nuisance which
serves no real purpose.
Jay Venero, 5985 Seamans Drive, stated there are no grandfathered rights relative to signage and
given the length of time the sign has been in place, he felt this particular sign is being singled out.
Mr. Venero felt there to be many other signs in the city which are also in violation of the ordinance.
Hearing no further public testimony, the public hearing was closed at 7:24 p.m.
Commissioner Lizee felt it important to have a sign marking the marina given the number of people
who are looking for this location, however, she did not feel it necessary to have a sign as large as
the current sign which also advertises boat rental, launching and a snack shop. She suggested the
current sign be removed and replaced with a smaller metal sign, similar to a directional sign, which
would be attached to the post which is located in this area. Mr. Brecke commented this suggestion
would be acceptable to him.
PLANNING COMMISSION MINUTES
SEPTEMBER 2,1997 - PAGE 2
Commissioner Borkon asked if Commissioner Lizee's suggestion would be in compliance with the
ordinance. Nielsen stated to replace the sign would require an amendment to the ordinance.
Commissioner Borkon asked if a variance would be appropriate. Nielsen stated he has consulted
with Attorney Dean and a variance would be inappropriate since the owner of the sign does not
own the property on which the sign is posted.
Commissioner Kolstad suggested a green highway type directional sign noting the location of
Howard's Point Road without reference to the marina. Nielsen felt this could be accomplished.
Mr. Brecke felt an ordinance amendment would be useful in addressing other situations which may
arise given the number of similar signs throughout the city.
Commissioner Champa felt if a sign such as the one suggested by Commissioner Kolstad were to
be placed, the Commission will then be addressing this situation in numerous other areas. He
would like to have the sign remain in place and felt it may be appropriate to consider an amendment
to the ordinance.
Commissioner Turgeon was in agreement with the suggestion of Commissioner Lizee and .
acknowledged the only way this can be accomplished is through an amendment to the ordinance.
Commissioner Kolstad asked if this amendment would address only signs which have been
grandfathered in and it was agreed this would be the situation. Commissioner Kolstad noted there
may be any number of additional signs which could also be affected.
Commissioner Turgeon suggested a study session on this matter. Commissioner Borkon was in
agreement and felt the Commission would need to be cautious in wording the ordinance in such a
way that it can be enforced. Commissioner Champa noted his agreement.
Turgeon moved, Borkon seconded tabling consideration of the request of
Howard's Point Marina, 5400 Howard's Point Road, to the September 16, 1997,
work session of the Planning Commission and setting a public hearing for
October 7, 1997. Motion passed 6/0.
2.
PUBLIC HEARING. C.U.P. FOR ACCESSORY SPACE EXCEEDING
1200 SQUARE FEET
.
Applicant:
Location:
Charles and Carol Crandall
5715 Kathleen Court
Mr. and Mrs. Crandall were in attendance. (Commissioner Foust arrived at 7:45 p.m.) Chair
Pisula opened the public hearing at 7:45 p.m. Hearing no public testimony, the public hearing was
closed at 7:45 p.m.
Commissioner Kolstad felt adequate screening should be maintained throughout the Conditional
Use Permit given the proximity to the roadway and adjoining properties. Mr. Crandall explained
there are woods behind the garage site and there are 50 to 60 feet of woods between the
neighboring driveway and the proposed garage building. Commissioner Borkon noted her
agreement with Commissioner Kolstad.
Borkon moved, Turgeon seconded approving a C.U.P. for accessory space
exceeding 1200 square feet for Charles and Carol Crandall, 5715 Kathleen Court
subject to maintaining the tree line on the western and southern borders adjacent
to the garage and subject to staff recommendations. Motion passed 7/0.
Chair Pisula noted this matter will come before the City Council for their consideration on
September 22, 1997.
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PLANNING COMMISSION MINUTES
SEPTEMBER 2,1997 - PAGE 3
3. PUBLIC HEARING . ZONING ORDINANCE TEXT AMENDMENT
RELA TIVE TO SIGNS
Applicant:
Location:
Evangelical Lutheran Church of Our Savior
23290 State Highway 7
Greg Limmel, 23290 Highway 7, was present and explained he is the principal of the school and
there is a desire to label the building as a school so that its existence is known to the community.
The school accommodates kindergarten through eighth grade in addition to a preschool/child care
program.
Chair Pisula opened the public hearing at 7:57 p.m. Hearing no public testimony, the public
hearing was closed at 7:57 p.m.
Commissioner Foust questioned the need for an amendment change versus a variance. Nielsen
explained a variance would not be the appropriate tool given the hardship requirement that
reasonable use could not be made of the property without the variance.
Commissioner Lizee stated she would prefer the proposed signage on Exhibit C and she asked for
an estimate of the square footage.
Scott Bartz, Board Member, 19422 White Tail Lane, Belle Plain, stated the church is proposing to
use 16-inch high letters and provided a diagram to the Commission. With respect to a proposed
amendment, he felt the proximity of a property to Highway 7 should be taken into consideration
when determining the size of the signage.
Chair Pisula inquired whether a Conditional Use Permit might be appropriate. Nielsen felt this
could be accomplished. The proposed amendment would need to be changed to indicate that a
second sign would require a Conditional Use Permit with the conditions setforth.
Commissioner Borkon asked what type of businesses this would apply to. Nielsen explained the
proposed amendment would apply exclusively to institutional signs for buildings such as city halls,
libraries, churches, and schools and would not apply to commercial signs.
Commissioners Kolstad and Champa stated they would not be opposed to considering an
ordinance text amendment.
Commissioner Lizee felt if a specific square footage could be determined, the ordinance could be
amended. Commissioner Turgeon was opposed to determining a square footage and felt the size
of the signage would be dependent on the size of the building. Council Liaison O'Neill felt it
would be appropriate to address letter size as opposed to square footage.
Nielsen noted a Conditional Use Permit will require an ordinance amendment. Commissioner
Borkon and Chair Pisula were in favor of a Conditional Use Permit.
Turgeon moved, Kolstad seconded tabling consideration of the request from the
Evangelical Lutheran Church of Our Savior, 23290 State Highway 7, to the
September 16, 1997, work session of the Planning Commission and setting a
public hearing for October 7, 1997. Motion passed 7/0.
4. PUBLIC HEARING. CONDITIONAL USE PERMIT FOR CONCEPT
PLAN OF PLANNED UNIT DEVELOPMENT FOR SENIOR HOUSING
COMMUNITY (Continued .from Planning Commission Meeting of August
5, 1997)
PLANNING COMMISSION MINUTES
SEPTEMBER 2,1997 - PAGE 4
Applicant:
Location:
Eagle Crest Northwest
25600 Highway 7 and 6140 Eureka Road
Bill Gleason, Eagle Crest Northwest, was in attendance. With respect to the use of restrictive
covenants for senior housing, Nielsen explained the protective covenant which limits occupancy to
62 years of age would be enforceable for 30 years and could only be recreated for an additional
period of time if the City and all others having an interest in the property agreed.
The park dedication fees and local sanitary sewer connection charges have been reduced, however,
there could be a provision in the covenant which states those incentives exist as long as the
development is designated as senior housing. At such time as the development ceases to be senior
housing, the association would be required to reimburse the City for the fee incentives which were
allowed as a part of the project plus interest.
Commissioner Borkon commented that is an incentive to maintain this property as senior housing,
however, she asked if there are any scenarios where it could become necessity for the City to not
have this development designated senior housing. Nielsen stated the purpose of the ordinance is to
maintain this development as senior housing.
.
Commissioner Champa inquired how the age of 62 was determined. Nielsen explained that age is
consistent with the Fair Housing Act which is the federal law which allows discrimination in
housing.
Chair Pisula re-opened the public hearing at.8:26 p.m.
Mike Agnew, 6065 Eureka Road, asked how the Comprehensive Plan addresses the issue of
senior housing. He also asked what type of notification is required relative to this matter. Mr.
Agnew was opposed to senior housing focused on Shorewood and felt it should be a more
regional plan in cooperation with other municipalities.
Steve Frazier, 6125 Seamans Drive, stated he is in support of senior housing and acknowledges it
has been a long term goal of the City. Mr. Frazier asked the following questions. (1) Does this
proposal comply with the ordinance; (2) Is the proposal within the guidelines of the land use plan;
(3) Are the number of units within the P.U.D. or within the 10 percent conditional use; (4) How
many acres of wetland are included in the acreage and are they added into the total acreage to .
determine density; (5) Are there any wetlands included in the total area of the PUD, and will an
environmental impact statement be required; (6) What level of variance to a CUP or PUD is being
considered above and beyond the strict number guaranteed under the land use plan; (7) What type
of traffic plan concerns does the Planning Commission have and how does that fit into the City's
plan and the overall traffic plan for Shorewood; (8) How is that plan complicated by the
alternatives reviewed by the Council relative to this development and what impact will that have on
Yellowstone Trail; (9) Is there currently a moratorium on development and, if so, what is the
moratorium, and are they PUD or Conditional Use; (10) Does the collective covenant carry the
weight of the law in requiring the 30-year dedication and the 62-year requirement of the
homeowner and does that apply to all persons living in the home; (11) Why is a CUP being
considered versus a PUD; (12) Why is this being called a Conditional Use; (13) Is a PUD just a
subcategory of Conditional Use; (14) Will there be another opportunity for input and questions;
(15) Is the developer certified to develop and/or the architect licensed to do business in Minnesota
and fully licensed to operate in Shorewood; (16) What is the water service to the area and does it
meet city code; (17) Does the water service meet the fIfe code and the home owner demand within
that, and if not, what are the contingencies; (20) Is there any consideration in going to Chanhassen
for water service; (21) What are the City incentives other than the park dedication fees of $1,000,
waiving or modifying that, sewer access charges, and water charges; (22) Is there any Tax
Increment Financing or any subsidy being used relative to the project; (23) What are the
transportation needs of this development and have they been addressed; (24) Is there any public
.
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PLANNING COMMISSION MINUTES
SEPTEMBER 2,1997 - PAGE 5
transportation being considered for this area; (25) Has the anticipated increase in traffic been
addressed wjth the highway department.
William "Bud" Koch, 22845 Murray Street, commented the time has come to sell his home and
find smaller accommodations which are affordable. Mr. Koch stated he is very interested in this
particular project. Mr. Koch did not feel there would be excessive traffic or noise from this senior
development and commented there are no senior accommodations available in this area.
Bernadette Thompson, 6100 Seamans Drive, asked if the City can legally agree to swap designated
park land. In addition, she was confused with the issue of a CUP and whether this raises the
density for senior housing and asked what considerations are given to that. Ms. Thompson
commented that the Comprehensive Plan is being rewritten at this time and asked how that would
affect making a decision about any development such as this. She stated the last time the City
rewrote the Comprehensive Plan a building moratorium was in effect until that task was completed.
Ms. Thompson questioned whether there will be public hearings for all three stages of the project.
She also questioned how the Planning Commission can agree to the concept plan when there
remains the issue of a water flow test which needs to be completed. Ms. Thompson inquired how
a PUD would affect the rest of the area, including the undeveloped land along Highway 7 and
Seamans Drive. Ms. Thompson expressed concern relative to high density and noted the
neighborhood is low density and the residents want to maintain that. Ms. Thompson stated she did
not move into the city expecting the city to provide senior housing and she feels the City has an
obligation to maintain zoning and the rural area.
Bill Hardenberg, 5960 Seamans Drive, expressed concern regarding the 30-year covenant and
asked if another City Councilor Planning Commission could decide in years to come that Section 8
housing would be a priority to senior housing and change the covenant. Mr. Hardenberg
requested an estimate of how many Shore wood residents would actually move into this
development. He felt the Commission has a ratio or architectural agenda in mind relative to the
different types of people who should live in Shorewood. Mr. Hardenberg questioned a document
signed by former Mayor Bean relative to Shorewood providing affordable senior housing in
exchange for sewage charges and transportation allocations from the Metropolitan Council. Mr.
Hardenberg felt people should live in the most desirable conditions their resources will allow,
whether they are seniors, middle aged, family or single.
Martin Wellens, 4755 Lakeway Terrace, stated the July 31, 1997, memorandum of Planning
Director Nielsen is based on the assumption the Council will pass a CUP and designate this
development as senior and the 108 units for the property is not accurate unless the Council passes a
CUP. He noted a discrepancy between the number of units Nielsen states can be established on
this site and the number of units the developer has concluded. In addition, Mr. Wellens felt that
including the ordinance in the packet to be misleading in that the Livable Communities Act would
not apply because it was in effect through the calendar year 1996. He also felt the fee reduction in
the park dedication fee and the sewer access charges represents a subsidy to this development by
the City.
Bob Picha, 5930 Seamans, stated all of his questions had been raised by other speakers and he felt
the traffic issue off of Highway 7 would need to be addressed prior to approving this project.
Ken Dallman, 5780 Eureka Road, stated he is not in favor of the senior development and noted, as
a park commissioner, this area makes a good park. He felt that as a property owner, if the
. Planning Commission and the City Council are going to go ahead with the project, it is time to
stand aside and not tie the hands of the developer. Mr. Dallman was impressed with the
developers and felt they are genuine in their concerns. He also stated a tree is a renewable resource
and the developer should not be required to make changes to the development to save a stand of
trees. Mr. Dallman did not feel the sale of the homes could be limited to Shorewood seniors. He
stated the City is destined to have something in this area and agreed with the comments relative to
the traffic situation which needs to be addressed.
PLANNING COMMISSION MINUTES
SEPTEMBER 2,1997 - PAGE 6
Jay Venero, 5985 Seamans Drive, commented the project is based on economics as a business
venture. He did not believe any subsidy based on senior housing should apply. Mr. Venero
remarked the zoning ordinances have been in effect for quite some time and were put in place to
protect the residents who have been in the area for an extensive period of time. He stated traffic
and noise will be issues which need to be addressed. Mr. Venero felt this senior housing project to
be the first step toward subsidized housing.
Bob Bean, 5285 St. AIbins Bay Road, commented seniors are the single largest growing segment
of society and this area needs to be addressed. He stated zoning in any context is no different in
the context of limiting what can be done with an individual's land. With respect to the
Metropolitan Council, Mr. Bean explained the needs and the priorities of the City relative to senior
housing predate anything which was reviewed with the Metropolitan Council. A variance is the
varying from an established ordinance. The existing ordinance provides for this level of density
within the statutes and no request is being made for anything outside of the ordinance or the
Comprehensive Plan. Mr. Bean suggested that consistent with the sewer and park dedication fee
incentives to promote senior housing, the City strongly consider a provision on the water
connection charge because the City's driving need is for affordable senior housing. Mr. Bean
noted this to be the best location for the development given the buffering from all surrounding .
neighbors. He noted a survey was taken during the open house which was held at the Southshore
Senior Center and there was a nearly unanimous approval indication and no indication of
opposition.
AI Wagner, 25720 Highway 7, stated he owns the property adjacent to Freeman Park. He stated
he is at the point in his life where his children are grown and have left home and he is ready to
move on to smaller accommodations. Mr. Wagner agreed with the comments of Mr. Koch, Mr.
Dallman and Mr. Bean.
Chair Pisula recessed the meeting at 9:26 p.m. and reconvened at 9:36 p.m. Hearing no further
public testimony, the public hearing was closed at 9:36 p.m.
Relative to the issues raised by Mr. Agnew, Nielsen read from the Land Use chapter of the
Comprehensive Plan relative to senior housing. He explained the City entered into an agreement
with the Metropolitan Council, the Livable Communities Act, which assigned a numerical goal of
achieving senior housing.
.
The Livable Communities Act is the voluntary method of encouraging cities outside of the core
cities to participate in affordable housing programs. At the time that was being done, there was a
feeling if cities did not join in the voluntary program, something more drastic would occur at the
State Legislature level and that the Metropolitan Council could gain a more active role in zoning or
use of tax proceeds for various communities which do not provide their fair share of affordable
housing. The City did not want to risk the more drastic approach and chose to single out senior
housing, which was already a part of the Comprehensive Plan, and used that to satisfy the
commitment to affordable housing.
Nielsen stated the zoning ordinance requires notification of property owners within 500 feet of the
project, however, in this case, the Planning Commission felt the notice should go farther and the
notice area was increased to 1,000 feet. The city requirement of notice within 500 feet exceeds the
state requirement of notice within 300 feet. In addition, the notice was published in the newsletter
as well as the Sun Sailor.
Nielsen explained the City has looked into coordinating efforts with other south lake communities
in order to accomplish this goal. Mr. Agnew inquired whether the notice needed to be posted on
the property. Nielsen stated that is done only in the case of a subdivision of the land.
With respect to the questions raised by Mr. Frazier, Nielsen stated the density which would be
allowed on this project would be under a Conditional Use Permit if it were approved. With regard
.
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PLANNING COMMISSION MINUTES
SEPTEMBER 2, 1997 - PAGE 7
to the discrepancy between the developer's figures and those of staff, the developer neglected to
subtract the road right of way. In addition, the developer based his calculations on units per acre
rather than per 40,000 square feet which is what the ordinance prescribes. Since there are two
different zoning districts within the site, half of three buildings are located on the R-1A side. There
will need to be a determination whether these will be counted as full or half units.
Chair Pisula asked Nielsen to explain why this project is being handled as a PUD. Nielsen
explained the ordinance cross references a great deal. In a Conditional Use Permit which allows
senior housing within any of the zoning districts, it refersto the requirements of the PUD district.
Nielsen noted an environmental impact study and assessment work sheet would not be required of
this development.
With respect to traffic, the Comprehensive Plan identifies a closing of the south entrance to
Freeman Park and extending to Eureka Road. This would be done as a result of the corridor study
which was completed by MNDOT. What is being proposed is consistent with the direct access to
Highway 7 being closed and the traffic being rerouted to Eureka Road. Council Liaison O'Neill
stated a study assisted by MNDOT will occur at some point in the future.
Relative to any possible moratoriums which may be in effect, Nielsen stated the only current
moratorium pertains to adult uses.
Nielsen stated there will be opportunities for input prior to this matter coming before the City
Council. There will be additional public meetings, however, there are no specific public hearings
which would be held. The Council can require a public hearing at any stage of the proceedings.
Mr. Gleason explained Eagle Crest is a licensed contractor in the State of Minnesota, however, a
license specific to Shorewood is not required.
With respect to water flow, Nielsen stated there is an issue with water flow. Testing has indicated
the flow is not adequate for fire flow and the Fire Marshal has recommended each unit be sprinkled
for fire protection. Since that determination, it was discovered there is a valve which was partially
closed and therefore the flow will need to be retested. If the flow is still inadequate, one option
would be to sprinkle the units and consideration could also be given to an interconnection with
Chanhassen.
The issue of incentives was raised and Nielsen stated there has been discussion relative to reduced
water charges, however, no decision has been made. The developer has not requested Tax
Increment Financing.
Regarding transportation needs, no specific routing has been scheduled for this project, however,
it is possible arrangements could be made with the South Lake and Dial-A-Ride type services.
Issues raised by Ms. Thompson were addressed by Nielsen. He noted the City can dispose of
park land even though it was dedicated as a park project as long as the proceeds of the sale or
conveyance go into the park fund. In a swap of land, if agreed to, the piece that is traded would
have to go back into the park. The proposed swap would be for 1.2 acres of Wagner property for
.9 acres of City property which is located on the south side of the wetland area, adjacent to Eureka
Road, and that is where ponding is proposed. Nielsen will request a legal opinion on this issue.
Council Liaison O'Neill stated the Comprehensive Plan is notbeing rewritten and offered to
provide a list of the areas of the Comprehensive Plan which are being reviewed.
Nielsen commented whether the concept plan can be approved without knowing the results of the
water flow test would depend on how critical that issue is to the Planning Commission and the
developer and approval could be conditioned on the outcome of that test.
PLANNING COMMISSION MINUTES
SEPTEMBER 2,1997 - PAGE 8
Mr. Gleason stated a mailing was sent out to approximately 1,950 senior residents of Shorewood
and Tonka Bay and approximately 48 attended the public meeting at the Southshore Senior Center.
Out of that meeting, approximately 25 residents were interested in purchasing a unit.
Nielsen explained the City cannot specify that the project is exclusively for Shorewood residents,
however, the developer will initially market to residents of Shorewood and the south shore
communities. Commissioner Champa asked if there can be a preferred list. Council Liaison
O'Neill stated the attorney had advised this would be discrimination.
In response to concerns raised by Mr. Wellens, Nielsen explained in accordance with current
zoning, approximately 22 homes could be located on the site. This is based on the acreage minus
the public streets. The buildings are somewhat larger than a single family home. Issues of
hardcover were raised previously when discussing drainage. The.developer will calculate the
impervious surface and supply that information.
Commissioner Champa felt it to be a fairness issue to anyone in the City and felt by the ordinance,
the City is subsidizing senior housing. It was his opinion this matter requires additional
discussion. Nielsen explained when the City established the senior housing ordinance, there was a .
discussion that seniors put fewer demands on things such as the park system and the sewer system
given the lower occupancy rates. In addition, there is no demand on the school district, traffic
demands are less in that there are fewer trips and they are at different times of the day and do not
contribute to the peak traffic counts. Nielsen explained the intent of the ordinance is to charge a fee
based on demand and therefore it was determined the fees relative to senior citizens would be
reduced.
Commissioner Kolstad felt the subsidy to be acceptable because it is keeping the price down for
seniors to purchase the property. Once the home is resold, the City no longer benefits from having
affordable senior housing. She felt the affordability of the project needs to be maintained. Nielsen
stated in that case, the City would have to own and operate the development. Nielsen stated the
price of the homes will increase with the market. Commissioner Kolstad felt in that case, the City
should not be subsidizing this project at all. Commissioner Champa pointed out the City will be
subsidizing this project for nonresidents who move in.
Commissioner Turgeon felt without the fee reductions, the price of the homes would increase to .
the point they will no longer be affordable. Mr. Gleason pointed out the current proposal is
coming in under the current ordinance and any changes which are later made, would not apply to
this proposal at this time.
Commissioner Borkon asked former Mayor Bean to comment on the concerns expressed by Mr.
Wellens relative to the Livable Communities Act. Mr. Bean explained his recollection the
Metropolitan Council was looking for a two year adoption and at the end of the two years, the City
could opt out of the agreement. There was an incentive for the City to participate given the grant
funds which were available. Mr. Bean noted the City chose to append additional items which were
a restatement of what was in the Comprehensive Plan. Nielsen stated he will obtain a legal opinion
relative to the City's obligations under this plan.
Mr. Bean stated it was his recollection this was a nonbinding commitment, however, if the City did
not participate, grant funds would not be available. Council Liaison O'Neill confirmed the
agreement is nonbinding and it will be reviewed by the present Council.
Commissioner Champa questioned whether the traffic study should be completed prior to
proceeding with this project. Nielsen stated Highway 7 is capable of handling the Shorewood
traffic at full development and Eureka has already been designated as a collector street. He stated
the question would be relative to the link extending Yellowstone to Eureka. Council Liaison
O'Neill stated consideration is being given to a number of options. He noted traffic on Eureka is
already a problem.
.
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PLANNING COMMISSION MINUTES
SEPTEMBER 2,1997 - PAGE 9
Commissioner Champa stated his main concerns regarding this development would be traffic and
the fee reductions. He also expressed concern relative to noise from Highway 7. Mr. Gleason
explained some berming will be done, however, noise has not been a problem in other
developments which are also located on busy streets.
Commissioner Champa asked how much the addition of a sprinkler system would increase the cost
of each unit and Mr. Gleason stated it would cost approximately $2,000. He noted the sprinkler
systems present a problem relative to maintenance and other alternatives are being considered.
Commissioner Champa asked if there is anything in the covenants which would limit children and
grandchildren from moving in with their senior parents and Nielsen noted this would be
prohibited.
Commissioner Lizee visited the Eagle Crest development in Brooklyn Park and felt this to be a real
opportunity for Shorewood and felt the proposal should be moved into the development stage.
Having met with the seniors, Commissioner Lizee stated it is important the price remain affordable.
She suggested the Commission pursue this proposal on the next level.
Commissioner Foust questioned whether a further reduction of fees would be considered in an
effort to keep the price down. Nielsen stated as a part of the Conditional Use Permit, conditions
may be attached. One condition could be affordability.
Commissioner Kolstad stated in addition to Commissioner Champa's concerns, drainage needs to
be addressed and a wetland delineation needs to be completed. Mr. Gleason stated the delineation
has been completed, however, the results have not yet been received.
Commissioner Kolstad stated she would like to see a trail system connecting with Freeman Park.
She requested a nurseryman's opinion on whether the willow trees can survive the development.
Nielsen pointed out willow trees are exempt under the tree preservation policy.
Commissioner Kolstad felt it important to consider a storm shelter given the location of the project.
She asked whether the City or the association will own the internal streets. Commissioner Kolstad
stated she would like consideration to be given relative to maintaining affordable housing through
resales of the homes. She requested an opinion from Attorney Dean regarding the legality of a land
swap of designated park land. Commissioner Kolstad stated she would be willing to vote to go on
to the next stage.
Commissioner Borkon raised concern relative to affordable senior housing, but at same time fair
market value may increase thereby defeating the purpose. She felt the City needs to achieve the
goals of the Comprehensive Plan relative to senior housing.
Commissioner Borkon feels fee ceilings need to be addressed. She expressed concern with
sprinkling and water flow as well as the traffic impact and stated traffic concerns need to be
thoroughly explored and addressed regardless of whether this project proceeds or not.
Commissioner Borkon stated run off and hard surface area need to be addressed as well as how it
will affect the surrounding areas. She felt integration of the trail system would be favorable.
Commissioner Borkon felt the proposal should move the basic concept forward addressing and
resolving concerns in an equitable manner.
Commissioner Turgeon noted traffic to be a concern. She suggested Commissioner Champa visit
the Brooklyn Park development. Commissioner Turgeon stated she is concerned with adding the
$2,000 for the sprinkler heads and would like to find a way to put fire flow in without the
sprinklers. She was also in favor of an integration of the trail system and raised similar concerns
of other commissioners relative to a legal opinion on the land swap and drainage.
PLANNING COMMISSION MINUTES
SEPTEMBER 2,1997 - PAGE 10
Chair Pisula felt there to be substantial issues relative to traffic and traffic patterns which need to be
addressed. He stated he is interested in the issue of fire protection, however, he was not in favor
of the $2,000 expense for sprinklers.
Chair Pisula stated senior housing is an identified community need and the proposed site appears to
be appropriate and he would be willing to have the proposal move into the next stage. He pointed
out he lives close to the project and could potentially be in favor of this proposal.
Nielsen explained the concept stage approval is somewhat binding and as long as the developer
addresses all of the concerns raised by the Commission, they will move on to the development
stage. He felt the motion would need to be made specific relative to concerns the Commission
would want to ensure are addressed. If the developer does not address all of the concerns, the
Concept Plan approval would be void.
Turgeon moved, Lizee seconded approving a Conditional Use Permit for concept
plan of planned unit development for senior housing community for Eagle Crest
Northwest, 25600 Highway 7 and 6140 Eureka Road subject to: density range is
acceptable as long as there is compliance with Shorewood and MCWD drainage
requirements in terms of quantity and quality of stormwater run off; ponding must
be adequate to handle impervious surface; land swap can be legally performed;
trail system integration; tree preservation requirements are met; maintenance of
internal streets; wetland delineation and compliance with wetland ordinance; water
flow determination; fire protection must be resolved; this particular project is one
which is not intending to have services and it is understood the age limitation will
be 62 years; resolve ownership of internal streets; maintain affordability;
determine whether reduction of fees for park. and sewer charges is mandatory or
available; investigate traffic impact and resolutions to the impact; make
determination of how to count the units; location of streets and pedestrian
circulation; location of public and open common space; location and extent of
residential and nonresidential land uses; staging of development; special
development criteria and subject to review of the Planning Commission on
September 16, 1997, and consideration of the Council on September 22, 1997.
Motion passed 7/0.
Commissioner Champa commented he is personally opposed to the proposal, but voted for the
concept plan based on what is best for the city as well as the neighborhood.
5. MA TTERS FROM THE FLOOR - None
6. REPORTS - None
7. ADJOURNMENT
Champa moved, Foust seconded to adjourn the meeting at 11:50 p.m. Motion
passed 7/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat
Recording Secretary
TimeSaver Off Site Secretarial
NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and
strikeouts for deletions.
.
.
CITY OF
SHOREWOOD
MAYOR
Tom Dahlberg
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128' www.state.net/shorewood' cityhall@shorewood.state.net
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
27 August 1997
Crandall, Charles - C. U.P. for Accessory Space in Excess of 1200 Square Feet
405 (97.23)
BACKGROUND
.
Charles Crandall has applied for a conditional use permit to construct accessory space in excess
of 1200 square feet on his property located at 5715 Kathleen Court (see Site Location map-
Exhibit A, attached). Mr. Crandall proposes to build a detached, single-story garage on the
west side of the lot. Since the area of the garage, when added to existing accessory buildings
on the site, exceeds 1200 square feet, a C.U.P. is required.
The property is zoned R-1A/S, Single-Family ResidentiallShoreland and contains 49,552
square feet in area. As shown on Exhibit B the new garage will be located forward of the
existing home. The new detached garage contains 960 square feet of area, bringing the total
area of accessory structures on the site to 1841 square feet. The existing home contains 2380
square feet above grade.
Plans for the proposed garage are shown on Exhibit C. Mr. Crandall's request is explained in
his letter, dated 5 August 1997, included as Exhibit D
ANAL YSIS/RECOMMENDATION
Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting conditional
use permits for accessory space over 1200 square feet. Following is how the applicant's plans
comply with the Code:
a. The total area of accessory buildings (1841 square feet) does not exceed the floor area
(2380 square feet) above grade of the existing home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size
for the R-IA/S zoning district (.10 x 40,000 = 4000 square feet).
" ,4' \
A Residential Community on Lake Minnetonka's South Shore
.
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Memorandum Re: Crandall
Conditional Use Permit
27 August 1997
c. The proposed garage complies with R-IA1S setback requirements. It should be noted that
the applicant has located the new garage so as to avoid cutting existing trees on the site.
The applicant's plans show proposed hard cover at 21.9 percent (see Exhibit E), including
the new garage and an existing pool. This complies with the Shoreland District maximum
requirement of 25 percent.
d. As indicated in the applicant's letter, the design and proposed building materials for the
new garage are consistent with the architectural character of the existing home.
Based upon the preceding analysis, it is recommended that the applicant's request for a
conditional use permit be granted as proposed.
cc: Jim Hurm
John Dean
Larry Brown
Joe pazandak
Charles Crandall
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SITE LOCATION
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PROPERTY SURVEY
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Exhibit C
BUILDING PLANS
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Charles D. Crandall
5715 K.athleen Court
Shorewood, MN 55331
August 5, 1997
Mr. Jim Pisula
City of Shorewood
SHORE WOOD PLANNING COtvllvllSSION
5755 Country Club Road
Shorewood, MN 55331
RE: Conditional Use Pennit Request
Dear Mr. Pisula:
The purpose of this letter is to request a Conditional Use Pennit to build an additional garage at
our home at 5715 Kathleen Court. We purchased the house in ~ovember 1996 and are pleased
with the home and Shorewood. However, we do need additional garage space. We have three (3)
family cars that we drive regularly and three (3) additional "Collector" cars that I have owned for
16-18 years. None of these cars has ever spent a !vIinnesota winter outside and I would like to
assure that they will have permanent quarters at our new home.
We have chosen a location on our property to build the garage so that we will not have to cut
down any trees or disrupt the property in any way. We have also chosen a ftrst class contractor
who will execute our plan, designed to exactly duplicate the style and appearance of our home and
the existing two (2) car garage. It will extend the value and appearance of our property, and that
of our neighborhood.
Exhibit D
APPLICANT'S REQUEST LETTER
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!vIr. Jim Pisula
August 5, 1997
Page 2
Thank you for your consideration. Please feel free to call if you have any questions (474-9266).
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HARDCOVER WORKSHEET JOB 970796
3117
I Concrete Area
i 1 r - - 41 20 820
2 40 2 80
3 46 6 276
4 38 6 228
5 19 3 57
6 11 8 88
7 7 8 56
8 40 4 160
9 -~'-'-'18 8 -- - -- ---- -~'-144
n-15-~--n---~-54--------~- 4 - 216
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--12 ----~----4--------n 4 16
-13 ----------5-----3 p--- -15
Total Concrete 2180
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House ------------~---- --. - - ;::----- Area .. ,
14 ---;r-------------20X--------S2
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17 12 17. 204
Total House
Deck------------- -------------------- - - ---Area--
--18 ---6 ------ 8--------48
19 - 22 2 44
20 28 --------- 9 ----- 252
2f 30 ------------2 60
22 --- 24 3 72
- 23--- -------15----------2 -----------30
---.2~l---------.13'. .______u________ --'17 .-- 221
-25.---'~-'.---3'1- --.--.-.----.-u------~-19 --.-...-----. 589
- 26--- -.-- -10 - 22 220
-27 ---------- -17 --- 5 85
Total Deck 1621
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Drive
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Total Drive
600
660
900
- 840
Area
24
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20
12
12
Proposed garage
32 r------24 r--~
Total Proposed garage
--.----401
Area 960/
I TOTAL HARDCOVER
I TOTAL LOT AREA
3000
960
108781
495521
Exhibit E
HARDCOVER CALCULATIONS
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO CHARLES CRANDALL
WHEREAS, Charles Crandall (Applicant) is the owner of real property located at 5715
Kathleen Court, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 3, Block 1, Noelwood Heights, Hennepin County, Minnesota"; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the
construction of a detached garage, the area of which, when added to the area of existing accessory
space, will bring the total area of accessory space on the property up to 1841 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
27 August 1997, which memorandum is 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 September 1997, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 22 September 1997, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the total proposed accessory space (1841 square feet) does not exceed the floor
area above grade of the principal structure (2380 square feet).
2. That the total area of accessory space does not exceed 10% of the minimum lot area
for the R-1A1S zoning district in which it is located (.10 x 40,000 square feet = 4000 square feet).
3 . That the design and materials of the proposed garage are consistent with the
architectural character of the existing home.
4. That the proposed garage complies with all setback requirements for the
R -1 AlS district and does not adversely affect drainage patterns on the property.
b, ~z,
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CONCLUSION
A. That the application of Charles Crandall for a Conditional Use Permit as set forth
herein above be and hereby is granted.
B . That this approval is subject to the following:
1. That the proposed garage will be used strictly for purposes of a residential
nature.
2. That the Applicant is hereby advised that the City Code provides specific
regulations relative to home occupations and any future use of the garage for
other than allowable residential purposes would have to comply with such
regulations.
C. That the City Administrator/Clerk is hereby authorized and directed to provide the
Applicant with a certified copy of this Resolution for filing with the Hennepin County Recorder or
Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd
day of September, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
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Memorandum
Date:
September 16,1997
To:
Councilmembers O'Neill, Garfunkel, McCarty, Stover
From:
Mayor Dahlberg
Re:
The Eaglecrest Development Proposal
CC:
Jim Hurm, Brad Nielsen, John Dean
Settin2 the Tone and Understandin2 Ea2lecrest's Incentives
I want to express my sincere respect for the proponents of senior housing for Shorewoodians. I believe
they base their position on deeply held principles and real concern for seniors. I believe they prize
Shorewood's low density, and sincerely believe that it can be adequately preseIVed even when we
implement PUDs. They have strong convictions relating either to the want (demand) or "need" factor in
Shorewood for senior housing.
I also wish to express my respect for the position taken by the opponents of high-density or higher-density
housing in Shorewood, whether or not it is labeled "senior housing." They too, base their position on
deeply held principles and are genuinely concerned about seniors. They are anxious about how
communities evolve into high-density affairs and their goal is not to deny seniors what they want, but to
promote an understanding that there are always a large number of compelling claims on land use. If all of
them, or any of them, are considered more important than the preseIVation of a low-density paradigm then,
in principle, low density can never be preseIVed anywhere. Indeed, this appears to be the Met Council's
position.
This is a hard issue. I believe the two sides have the same values, but the hierarchy of those values and the
tactics for preseIVing the aesthetics of Shorewood while providing for seniors, are different
In addition, inside of this issue, there are simply different views of what it's appropriate for government to
do. As the Chairman of the Board it's my job to make sure that all of the policy implications are dealt with
and to promote respect for the sincerity of all of the people involved in the debate.
I believe that our seniors in Shorewood, to a person, would not support any kind of chauvinism that would
result in ignoring any question or consideration that is a part of this picture. After all, the Eaglecrest
proposal is not primarily about seniors. It is primarily about money. Eaglecrest is not a charity. Its basic
economic incentive is to increase profit, not house seniors.
Eaglecrest's profit strategy, like any company's, is developed within an environment of constraints. One of
these is zoning. IfEaglecrest was not at all constrained by zoning it would increase profit by producing the
highest density housing it could for the largest possible market - not just seniors. This way it drives down
the cost of the land per unit, and drives up the price per unit, due to the greatest possible competition for
each one of them Eaglecrest has no economic incentive to restrict the age of the people allowed to live in
its development And Eaglecrest has no economic incentive to concern itself with "need" rather than
demand If the demand for its units, on the part of Shorewood residents, is not great enough, Eaglecrest' s
incentive is to open it up to the region (giving up any claim that there is adequate demand in Shorewood
alone) or to lower the age limit
Eaglecrest is not the agent of Shorewood seniors. On a purely market driven basis EagIecrest might have
argued that there is much more demand for high density housing units among classes other than seniors, or
in addition to seniors.
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So who or what constrains EagIecrest to serve Shorewood seniors? Only city government Eaglecrest's
profit motive and market forces are aligned against us. If we are going to get into the business of
constraining the market, and the profit motive, then we need to be ready to be very tough about it Above
all else, the proponents of senior housing in Shorewood should be ready to deal with Eaglecrest in a very
determined fashion. Over the last several decades, the economic model of behavior, rather than the "good
citizen" model of behavior, has turned out to be a much more powerful predictor of what any business,
including EagIecrest, will do in the long run. I'm sure that EagIecrest wishes to be a good citizen. But this
motive cannot overwhelm, on the average, its economic incentives.
Zonin2
Section 1201.03, Subd. 20 of our zoning ordinance reads:
"b. Conditional Use: Elderly housing shall be allowed by conditional use permit in the following zoning
districts: R-IA, R-IB, R-IC, R-ID, R-2A, R-2B..."
Obviously this section of the ordinance does not automatically convert residential areas to higher density
zoning in the face of any senior housing proposal. It simply makes it legal for the City Council to pass a
Conditional Use Permit in support of using a residential area for higher density housing dedicated to senior
use.
.
In other words, the ordinance simply kicks off the process of considering the wisdom of a CUP.
Of course, if the council can use a CUP to overrule the standard zoning in virtually any residential area, it
might fairly be regarded as a clear a step away from the rule of law and toward the rule of persons. On the
face of it, the council could continually deny approval of development projects in conformance with the
zoning on the map, until it finds the proposal it wants - one that overrules the zoning map. This would all
be due process under this ordinance.
Eventually, we should deal with the question of whether a zoning ordinance means anything if the zoning
districts can be overruled by CUPs which do not merely allow for a business use, but which actuaIly
increase density.
In the mean time this section of the zoning ordinance, according to staff, was passed into law after public
hearings and therefore clearly gives the Council the legal right to pass a CUP that increases density for
senior housing. The ordinance does not appear to compel the council to pass a CUP. It would be quite odd
to invoke the CUP process and then suggest that the conclusion is predetermined. It says that elderly
housing "shall be allowed." Passing or denying the CUP is due process. If this is not true, then we'd better
get clear about it
.
In fact, there is a lot more power given to the council in all of this than I would ever recommend Senior
housing districts, if exclusive attention to one protected class is justified in the first place, should simply be
established on the zoning map as such, after public hearings. It should not be up to the council to alter the
zoning on the map on a case driven basis. The Drocess allowed in the ordinance we have todav. avoids
public hearinfls about dedicatinfl an area to a STJecific use. while makinfl the area sub;ect to that use
anyway - at the discretion of the council. The hearings are held after the fact, after a proposal has already
been made. This is not clear enough and predictable enough to keep the peace. By keeping things very
flexible for us, we retain power, but decrease trust and contentment.
The fact that most cities do it this way is not a good argument The question is whether or not cities ought
to do it this way. In principle, the use and density of an area, and the conditions under which the use will
occur, could all be established in a fashion that would compel the council. I'm concerned that we avoid this
approach because we don't care for negotiating with a neighborhood. If we did go through this process, we
could nail down constraints in detail, and then proceed with clarity of purpose.
.
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What Seniors "Need" versus What Seniors Demand
As we move on a continuum from extremely low density (rural and farm communities) to extremely high
density (the urban core), social problems, per capita, seem to increase. Or, alternatively, the sum of more
social problems, compressed into a smaller area, is worse than the parts would be in smaller communities.
The increase in social problems, or at least the cumulative impact of them, from lower to higher density,
also corresponds to an increase in anonymity. The higher the density of our housing, the more anonymous
we become. Low-density communities simultaneously provide both privacy and identity. Identity, in turn,
is the foundation of community. COmmunity cannot be based on anonymity.
I am concerned about any social policy that segregates ambulatory seniors, changing them from identifiable
neighbors to people who are essentially anonymous to the rest of us and perhaps even more anonymous to
each other.
What do ambulatory seniors "need"? Do they need isolation, as a class, and relative anonymity in higher-
density housing projects? Or do they need an entirely different system that keeps them close to their
younger neighbors?
Obviously people have radically different subjective needs relating to happiness and quality of life. One
cannot verify subjective need the way one can verify that a senior needs, say, a certain medication to
literally survive. This kind of need is technical. What we've learned from decades of welfare state policy
is that any government unit which makes policy directed at satisfying subjective need is going to require
almost limitless power to determine when, and how much, the subjective need of one group outweighs the
subjective need of another.
In this case, the neighborhood may argue that it's subjective need for one acre or half acre density (as an
aspect of happiness and quality of life) outweighs the subjective need of any other group for higher density
housing.
Ultimately, the only thing government can try to process responsibly and objectively, is what seniors
demand. The moment we begin to speculate about subjective "need", everyone has the right to their
opinion, and government takes on more power, claiming it can determine that the need of one group
outweighs the need of another.
Do seniors need higher-density housing to be happy? I'm sure some do, depending upon the cost of the
housing and their financial resources and a host of other preferences and tastes. Do all seniors need higher-
density housing? Obviously not. Many of us know seniors for whom the choice between higher-density
housing and single family housing is a lifestyle choice, not an economic choice.
Single level living would appear to be a much more objective need than anything which is directly related
to density.
Have we done everything we should to serve the market of seniors who want detached, single level,
affordable housing? It's been my longstanding policy to resist the development of more Shorewood land
into very large and very expensive homes on smaIl lots, and to encourage more affordable, single level
homes, on these same lots, which seniors could take advantage of. Just as we might zone specifically for
higher density senior housing in an area, explicitly negotiating the conditions with the neighborhood, we
might zone some areas for detached, single level housing for seniors.
We Alreadv Limit our Senior Market
Eaglecrest is proposing units that cost as much as $120,000 to $130,000. If our goal is to serve those
seniors who need high-density housing for fInancial reasons, it would be much more to the point to really
commit ourselves to high density and bring the cost down to the $75,000 level. But no one is proposing
this because of its patent non-viability. Is the present project closer to being symbolic than one that truly
fulfills a "need"?
Obviously, the senior housing market is as diverse as seniors themselves. And Shorewood already limits
the senior market it chooses to serve. No one is talking seriously about low income, subsidized housing or
high rise condominiwns, or any other model that is politically non-viable in Shorewood. So we have
already made it clear that there are large sections of the senior market Shorewood will not serve.
The senior markets that we already serve are those seniors who want to continue on in single family
dwellings, and those who enjoy the higher density housing we do have at various price ranges. Last year
the Met Council told me that 40% of Shorewood's housing is valued from $50,000 to $150,000. I want to
preserve all of the more affordable housing we have in Shorewood - especially if it is single level.
We should consider limiting the developer's market to Shorewood if we are willing to limit it to seniors. If
we are planning for seniors regionally, we should slow down and change gears altogether. The new council
has not met with our neighboring cities about senior housing. Obviously we're under no obligation to
increase our density to alleviate the senior housing shortages of other cities unless there are some tradeoffs.
Shorewood is almost completely developed. Are we going to cycle ourselves into step down housing over
decades, constantly redeveloping sections of Shorewood as we all get older? Need might suggest doing
this. Eighty units are little more than symbolic if our premise is that Shorewood should get serious about
supplying the step down senior market. We could, over the next 20 years, turn virtually all of Shorewood
into senior housing. We take it for granted that this is an absurd vision.
So we are assuming in effect, that we cannot retain the vast majority of those who demand step down
housing and that the real solution will remain primarily market driven and regional.
The Social Contract
Long time residents in particular, everywhere in Shorewood, moved here and live here in the light of the
standard zoning on the map.
From the standpoint of residents trying to plan their lives, the Councils control over the "real" zoning in
their area can be a major area of dissatisfaction. It may have been a mistake not to plan the zoning of
certain areas for specifIc uses years ago. But the instability in the social contract, created by the
instantaneous change of the real zoning, through any means, constitutes a bruise on the faith that people
must have in government. This trust is the foundation of being able to do nearly anything else without
alienation and bitterness. Trust is still lacking in Shorewood. We still have not conquered the basics. The
supposed gains we make at the expense of trust, which requires clear, stable policy, are very costly indeed.
Having said that, I think it is fair for anyone to argue that the zoning ordinance, as misguided as it might be,
was passed after public hearings. What's done is done. Perhaps people were not well informed about the
implications of the ordinance. They have the right to complain about that and assert that the clearest social
contract is in the zoning map. But we have to respect the fact that the ordinance went through due process.
Selectin2 Whom to Protect?
The Eaglecrest Development proposal is based on the assumption that the City of Shorewood would enter
into a covenant with the developer to restrict residence by age. By restricting the market, the city helps to
protect the senior class with lower pricing and much higher availability.
I like this result, but I don't know that I am prepared to institutionalize in a covenant, or any other agent of
government, any kind of official preference or discrimination in housing, or any other benefit, based on
age, gender, race, or income. I think this approach to government is dying for good reason. As soon as
government claims the power to administer discriminatory preferences it must claim more power to deal
'"
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,.
with all the classes declaring a need for protection, establishing the hierarchy of those needs, and insuring
their satisfaction.
If the City Council is not prepared to formalize preferences and discrimination in support of classes other
than seniors - classes which appear to have an even greater claim to protection -- it will expose the
hypocrisy, or at least the moral incoherence, of the policy. Per se, low-income people in particular
constitute a class with an even more dramatic claim on protection than ambulatory seniors. This might also
be true of certain other groups.
By making the age restriction an official aspect of the city's agreement with Eaglecrest, as well as an
official aspect of the zoning ordinance, we're conveniently adopting a benevolent welfare role only when
that role is relatively harmless from the average resident's point of view. We are choosing which class to
protect, without respect for comparative need, when we say that senior housing is "needed", but low-
income housing is not Obviously the Met Council would agree, and this raises the whole question of
whether or not we can be punished in the long run for discriminating.
I am not prepared to support low-income, subsidized housing in Shorewood. In that case, can I coherently
support official protection for any class?
Are we prepared to admit that the real policy is to protect the essentially market driven and somewhat
exclusive character of Shorewood, by being extremely selective about the "needy" class we want municipal
government to discriminate for? If this is not the case, we should demonstrate it by supporting the other
classes. Then we will have everything on the table: A commitment to a welfare role for seniors (in this
case insuring price and availability of housing) DOES mean a commitment to a welfare role for any class
demonstrating at least as much "need".
There is no moral retreat from this position, but there might be a practical retreat: It might be argued that a
welfare role for the city of Shorewood is only needed for seniors because the other needful classes do not
exist in Shorewood. (Actually, this is not obviously true.) But in this case, the implicit premise, quite
rightly, is that Shorewood policy should be designed to serve actual Shorewood residents first, if not last. It
follows that if Eaglecrest wants to sell to an outsider, there should be a substantial penalty. We're not
prepared to sacrifice lower density to mitigate another city's challenge.
If we are prepared to do this, then we should change gears altogether and really plan "senior housing" on a
regional basis, in which case, it mayor may not result in higher density housing here. We should not allow
the Met Council alone to do the planning.
. Possible Policv Directions and Action Items
Given my concerns, there are several different policy directions and/or procedures, the city could adopt:
1. Require Eaglecrest to objectify the level of demand in Shorewood. My policy is to respect real
demand rather than speculate about need. I see no reason why we would not ask Eaglecrest, before we
agree to higher density, to make the measurement of demand as objective as possible. Interest on the
part of seniors, or attendance at m~tings, won't do it. Actual buying behavior (signed purchase
agreements) would prove the demand But I would settle for something much more modest: A
scientific survey of Shorewood senjors which describes their buying intentions and plans over the next
two to five years, relative to step down housing of the sort Eaglecrest is proposing.
This is something that Eaglecrest should rush to take advantage of. They do not have to establish that the
senior will actually buy, only that the senior believes he or she will buy something similar at the same price
range within a given period of time. This would nail down demand much more clearly. The only reason
why Eaglecrest might hesitate is that its marketing strategy is not Shorewood specific. Eaglecrest may
believe that much more demand will come from other areas.
" ..
..
I do not believe the people of Shorewood, including many seniors, will tolerate the notion that this is an
undue burden on a developer. The tougher we are on Eaglecrest today, the easier it will be for everyone
later. Things will be settled. The process will be respected for its rigor. If we find that most of the units
are likely to be sold to non-residents in the first two years, then we can deal with this honestly and clearly.
I don't think the city of Shorewood has a clear demand hypothesis. I think that past work on the senior
housing issue dealt more with the question of "need" which is not necessarily the same thing as demand I
do not have a demand hypothesis. I have no idea what the real demand for senior housing, of the sort
Eaglecrest is proposing, is, in Shorewood. Obviously it is Eaglecrest's hypothesis that the demand is there.
If Eaglecrest were to supply this confirmation (using a valid methodology) I would support Eaglecrest's
effort by going to the neighborhood surrounding the proposed development to negotiate a project which
would work for everyone.
If the survey demonstrates that the demand will not be strong from Shorewood seniors over the next two to
five years, with the result that non-residents fill the units before our local market matures, we might take
the action described in (2).
2. We could back up a step, hold public hearings to convert the area in question to a dedicated senior
housing area, and negotiate with the neighborhood to stabilize and specify how the rest of the area will
be addressed in the future. We might agree to protect the remaining area in the Seamon's Drive and
Eureka Road neighborhoods from further development into higher density housing. This is a great
opportunity to stabilize and specify policy so people can plan their lives. We would hold the senior
housing area in reserve until our market matures.
.
3 . We might approve the Eaglecrest development with a contract that imposes stiff penalties for selling to
a non-Shorewood resident or to someone less than 62 years of age - even if we agree to this by
changing the covenant The local neighborhood association might be a signatory to the contract so the
city cannot overturn the agreement unilaterally. This would be based on the principle that we are not
going to sacrifice low density to solve the senior housing shortage for other cities or supply affordable
housing to another market segment. We'll have to investigate whether or not the state of Minnesota
would consider this legal. On the face of it, Eaglecrest, as a private corporation, could agree to limit its
market by contract, but this would have to be studied.
4. Approve the development, but without any age restrictions, so as to avoid the policy of officially
protecting one class while not necessarily protecting others.
.
5. We could explicitly commit ourselves to the legitimacy and desirability of contributing to a regional
solution. We would table any proposal until we'd developed a new regional zoning plan with our
neighbors, which would dedicate some areas to the specific use in question -- senior housing.
6. We could reject the project and explore the possibility of encouraging small independent contractors to
build attractive, affordable, single level homes, one at a time, in the same area. We could do this by
preapproving (after public hearings) a series of affordable models for acre and half acre lots. We
would not restrict the housing to seniors but we would only preapprove it for seniors. We would
recognize an association in this area that might contract for lawn services, snow plowing, etc., and
enter into complemental)' agreements with the city. If not sold to a senior, the plans would have to go
through the Planning Department again and be reviewed by the Planning Commission (with public
hearings) and the Council.
7. We could ask Eaglecrest to propose a lower density project. IfEaglecrest says this would be
unprofitable, we might find an expert who would help us assess whether or not lower density is
financially viable.
8. Of course, we can approve the project unamended, and accept the implications of doing so.
.
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.:
BACKGROUND
MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net
Planning Commission, Mayor and City Council
Brad Nielsen
31 July 1997
Eaglecrest Northwest - Shorewood Senior Housing - Concept Plan
405 (97.20)
Eaglecrest Northwest, a development company located in Plymouth, has submitted plans
for an 80-unit senior housing project to be located on approximately 19 acres of land in
the northwest quadrant of Eureka Road and State Highway 7 (see Site Location map-.
Exhibit A, attached). The applicant has requested a conditional use permit and concept
stage approval for a planned unit development (P.D.D.), pursuant to Section 1201.03
Subd. 20 of the Shorewood City Code.
.
The subject property consists of three parcels ofland which are split between the R-1A
and R-1C, Single-Family Residential zoning districts. The westernmost parcel is
occupied by the home of Al and Shirley Wagner. The center parcel is currently occupied
by the Lan-De-Con tree nursery, and the easterly parcel is presently vacant. Land use
and zoning surrounding the site is as follows:
West:
North:
East:
South:
Freeman Park ball fields; zoned R-1C
Freeman Park wetland; zoned R-IC
Eureka Road, then vacant and one single-family dwelling;
zoned R-IA
State Highway 7, then Chanhassen
A Residential Community on Lake Minnetonka's South Shore
.
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Memo Re: Shorewood Senior Housing
30 July 1997
As shown on Exhibit B, the land slopes gently (slightly less than two percent) from south
to north into a 2.77 acre wetland. Most of the existing trees on the site, besides the Lan-
De-Con nursery stock, are concentrated around the existing wetland.
The applicant proposes to construct 20, four-unit buildings as shown on Exhibit C. A
public street would be extended westward from Eureka Road over to Freeman Park. The
southerly 10 buildings will be accessed from the public street. The remaining 10 buildings
will be served by an internal private roadway system. The applicant proposes to
exchange approximately 1.2 acres ofland in the northwest comer of his property for .9
acres of City property located on the south side of the wetland area, adjacent to Eureka
Road.
.
The proposed buildings, shown on Exhibits D and E, are single-story, four-unit
structures. Each unit has two bedrooms and a two-car garage. Although not mentioned in
the applicant's narrative (Exhibit F), initial discussions with City staff indicated that the
units would be owner-occupied. The developer is aware that the City's senior housing
goal includes home prices of$120,000 or less.
A public hearing has been set for 5 August before the Shorewood Planning Commission.
Per the direction of the Commission, staff has extended the required legal notices from
500 feet to 1000 feet.
ISSUES AND ANALYSIS
.
Senior housing is allowed in all of Shorewood' s residential districts by conditional use
permit, and is regulated by Section 1201.03 Subd. 20 of the Zoning Code. This section
requires any such projects to be processed as planned unit developments. Shorewood's
P.D.D. provisions (Section 1201.25) contain mechanisms for the creation of homeowners'
associations, maintenance of common open space and facilities, and the establishment of
protective covenants, which for senior housing is designed to ensure that the housing will
be limited to seniors.
A. Concept Plan Review. Shorewood's P.D.D. process contains three stages of review:
1) Concept Plan; 2) Development Stage; and 3) Final Plan. Section 1201.25
Subd.6.b.(l) of the Zoning Code sets forth the purpose and elements of the Concept
Plan review:
1. Maximum density range
2. Location of streets and pedestrian circulation
3. Location of public and common open space
2
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.
.
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Memo Re: Shorewood Senior Housing
30 July 1997
4. Location and extent of residential and nonresidential land uses
5. Staging of development
6. Special development criteria
B. Density. Shorewood's senior housing regulations prescribe different densities within
the various zoning districts. The R-1A portion of the subject property is allowed up
to four units per 40,000 square feet of net land area. The R-1C portion of the site is
allowed up to eight units per 40,000 square feet. The applicant has tabulated the
acreage and density of the project (see Exhibit G). These tabulations are in need of
minor revision because Shorewood's densities are based on 40,000 square foot units
of net land area (total area, minus City-designated wetland, public open space and
public street right-of-way). The applicant's calculations do not subtract the street
right-of-way, which accounts for nearly one acre of the total site.
The net area of the site after deducting wetland and right-of-way is 14.86 acres, of
which 4.79 acres is zoned R-1A and 10.07 acres is zoned R-1C. Converting acres to
units of 40,000 square feet (see Section 1201.25 SubdA.g.) results ina maximum of
20.86 units on the R-1A portion of the property and 87.72 units on the R-1C portion
of the site. The total allowable units for this property is 108.58. It should be noted
that the applicant shows 16 units entirely on the R-1A portion of the site.
Approximately one-half of six other units extend into the R-1A portion of the
property.
C. Streets/Circulation. The proposed public street extends from Eureka Road west to the
boundary of Freeman Park. This would allow the existing southerly Highway 7
access to the park to be closed and park traffic to be redirected to Eureka Road, the
designated collector street for the area. The proposed street is consistent with the
Highway 7 (west) Corridor Study in which the City participated in 1995. Both the
Planning Commission and Park Commission have previously endorsed this idea. It is
worth noting that this concept has been presented at two recent neighborhood
meetings and is currently under advisement by the City Council.
Since the internal roadway system is only 20 feet in width, the Fire Marshall has
recommended that no parking be allowed along the private drive. His comments will
be distributed under separate cover.
Eureka Road is currently substandard in terms of right-of-way width. Whereas a
collector street should be at least 60 feet wide, it is only 33 feet adjoining the subject
property. At the direction of City staff the applicant has provided an additional 13.5
3
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Memo Re: Shorewood Senior Housing
30 July 1997
feet ofr.o.w., making up one-half of the needed width. Past policy has been to
acquire half of the necessary r.o.w. from each side of the street. Additional r.o.w. can
be acquired at such time as the vacant land onthe east side of Eureka Road is
developed. However, it will be difficult to acquire additional r.o.w. from the existing
homestead property located in the northeast corner of Eureka Road and Highway 7 in
the future. It is suggested that this project provide the entire 27 feet of necessary
r.o.w. between the highway and the new street (approximately 270 feet). This would
necessitate shifting the six buildings along the highway to the west.
.
The proximity of the development to Freeman Park suggests an opportunity to
provide senior residents with pedestrian access to the park. The City may wish to
require that the project provide a trail system which would tie into a perimeter trail
around the wetland. This matter will be considered by the Park Commission at its 12
August meeting.
D. Public and Common Open Space. With the exception of the proposed land trade and
the area to be dedicated to the City as wetland, there is no public open space included
within the applicant's plan. The applicant proposes to trade approximately .9 acre of
Freeman Park (south of the wetland, near Eureka Road) for 1.2 acres on the west side
of the wetland. While this is advantageous to the applicant in terms of his overall
design, the City also ends up with more usable land for park use. Whether it be used
in the future for additional parking or simply passive recreational use, the parcel being
obtained by the City relates better to the park than the piece conveyed to the
developer. The applicant proposes to use the .9 acre for his required ponding area,
since that is where the property naturally drains. The requested land swap will also
be considered by the Park Commission.
.
The City designated wetland is 2.77 acres in size. The applicant's narrative suggests
that this will be given to the City for park dedication, however, the City's wetland
ordinance requires wetlands to be dedicated for conservation purposes. Park
dedication is
E. Location of Residential and Nonresidential Uses. The proposed project is entirely
residential. For the most part the buildings have been arranged to comply with the
requirements for planned unit development, which provide that setbacks at the
periphery of the site be maintained. Building setbacks are shown as follows:
. From Highway 7: 50 feet for the R-IA portion, 40 feet for the R-IC portion
. From the west property line: 40 feet
. From Eureka Road: 50 feet (due to R-1A zoning)
4
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Memo Re: Shorewood Senior Housing
30 July 1997
It should be noted that the setback from Eureka Road has been measured from the
existing r.o.w. instead of the new. Future plans should be modified to reflect the
additional r.o.w.
Although the proposed buildings observe the 50-foot setback from the wetland, the
proposed internal roadway encroaches in two places (see Exhibit C). Development
stage plans should include a wetland delineation and should attempt to avoid the
wetland buffer to the extent possible. Extra measures should be taken to protect the
wetland area where encroachment is necessary.
.
The Zoning Code allows setbacks within the site to be 15 feet from the traveled
surface of the roadway. In past projects the City has also required a minimum of20
feet in front of garages to allow parking. The shortest driveway shown on the
Concept Plan is approximately 35 feet.
F. Development Staging. The applicant proposes to begin construction this year and
suggests that the project would be completed in two construction seasons. Since
development stage plans would not be reviewed until October and final plans would
likely not be reviewed until November, a 97' construction start appears unrealistic.
G. Special Development Criteria. Section 1201.03 Subd. 20 contains the specific criteria
for senior housing. Following are issues that need to be addressed:
.
1. Occupancy. Senior housing is limited to people 62 years of age or older, unless
special services exclusive to the age group are provided, in which case the age limit
is reduced to 55. The developer has suggested that the project would be limited to
the 62 year age group. Since this has proven to be a marketing problem for the
developer of the Seasons senior housing project located on Highway 7 and Old
Market Road, Eaglecrest should address this issue by sharing any market research
they have done which supports the age restriction. Any approval of the project
should include a strict understanding of the age restrictions. Protective covenants
with the City as a signatory will be required to be recorded against the property to
ensure that it remains limited to senior housing.
2. Parking. Shorewood's zoning regulations require a minimum of two parking
spaces per unit, with at least one garage per unit. The applicant proposes two-car
garages, with four available parking spaces per unit (including the garage).
3. Building Height. Building height in the single-family zoning districts is limited to
one and a half stories. As can be seen on Exhibit D, the applicant proposes one
story buildings.
5
e
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.
.
Memo Re: Shorewood Senior Housing
30 July 1997
4. Fee Reductions. As an incentive to create affordable senior housing the normal
fees for sewer connection and park dedication are limited to the number of single-
family units which could be achieved under the current R -1 A and R -1 C zoning.
Based simply on acreage, the number of potential single-family units would likely
be 22, four in the R-IA and 18 in the R-l C. This would result in required fees of
$22,000 for local sanitary sewer access and $22,000 for park dedication.
Water fees under current policy would amount to $20,000 per building. Although
there has been discussion about reducing this fee in order to encourage maximum
sale prices of $120,000 per unit, no official action has been taken to date. Any
reduction to this fee should be tied directly to the City's price limit goal.
5. C.D.P. Criteria. Four criteria are set forth in Section 1201.04 Subd. 1.d.(I) of the
Zoning Code.
a. Shorewood's Comprehensive Plan establishes a goal of providing senior
housing. This goal is reflected in the City's Livable Communities commitment
with Met Council which states that Shorewood will try to achieve 60 senior
housing units in 1997. The proposed site was the subject ofa study by the
City which identified it as one of the top three suitable locations remaining in
the community. The study examined approximately 35 sites of more than three
acres each and took into consideration existing zoning and allowable density,
traffic, land use compatibility and availability of utilities, particularly City
water. (It should be noted that the site location study was done before City
water was extended along Smithtown Road. This water extension may have
increased the suitability of additional sites.)
b. One of the reasons the subject site ranked high in the study was its separation
from existing single-family development. Bounded by Freeman Park on two
sides and Highway 7 on a third, the nearest residences are on the east side of
Eureka Road. Proper design and landscaping can result in no more visual
impact for existing residential properties than if four single-family homes were
built along Eureka Road.
c. Protection of surrounding property values can be enhanced through design,
particularly landscaping. Development stage plans should include significant
landscaping in the 50-foot setback area along Eureka Road. For the benefit of
the seniors who will live there, additional landscaping and screening should be
required along Highway 7 and adjacent to the east boundary of the park.
Adequate area exists within the required setbacks to build effective landscape
berms in those locations.
6
e
.
.
1.
.
2.
3.
4.
5.
Memo Re: Shorewood Senior Housing
30 July 1997
It should be noted that most of the existing trees on the site are nursery stock.
Although the applicant suggests that trees adjacent to the wetland can be
preserved, his plans suggest removal of most of the trees on the south side of
the wetland. If found to qualify as significant trees under Shorewood's Tree
Preservation and Reforestation Policy, the site design should be modified to
protect the existing tree line.
d. Sewer and water are available to the site, although existing water main sizes are
incapable of providing adequate fire flow (see Engineer's report under separate
cover). The Fire Marshal has recommended that in the absence of fire flow, the
buildings should be provided with sprinkler systems.
If the new road is to serve as the southerly access to Freeman Park, it has been
suggested that at least the portion of Eureka Road south of the new road will
have to be upgraded. This could be coordinated with future improvements to
Highway 7 which are currently being studied by the City and the Department
of Transportation.
RECOMMENDATION
Although the applicant's plans are generally consistent with Shorewood's development
regulations, a number of issues must be resolved in any future site planning. If the
Concept Plan is to be approved it should be conditioned upon the following items being
addressed in the Development Stage Plan:
No on-street parking should be allowed within the project - on the public street or
the internal roadway system.
Provide additional r.o.w. for Eureka Road between the new road and Highway 7.
Coordinate upgrade of Eureka Road with MNDOT improvements.
Incorporate pedestrian facilities into plans and tie into Freeman Park trail system.
Park Commission should comment on trail recommendation in 4. above and
proposed land swap.
6. Provide 50-foot setback from new Eureka Road r.o.w. Shift buildings if
necessary .
7. Avoid wetland buffer where feasibly, enhance protection measures where
encroachment is necessary.
7
.
.
.
.
Memo Re: Shorewood Senior Housing
30luly 1997
8. Draft strict, clear protective covenants (with City as signatory) regarding
occupancy requirements and future maintenance of private roadway system.
9. Relate present and future fee reductions to maximum sale price of$120,000.
10. Require significant (size and quantity) landscaping to provide buffers along park
boundary, Highway 7 and Eureka Road. Design should include evergreen trees
and shrubs for year-round effectiveness.
11. Tree preservation plan should identify existing site vegetation. Plans may need to
be modified to preserve significant trees on south side of wetland.
12.
Sprinkle buildings for fire protection.
cc: Jim Hurm
Larry Brown
John Dean
Kevin Von Riedel
Bill Gleason
8
.
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SITE LOCATION
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The Easterly 10 rods, front and rear, of Lot 98, Auditor's
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Lot 23. Meeker's Outlots of Excelsior.
Parcel 2:
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Lot 74, Auditor's Subdivision No. 133. according to the
plat thereof on record at the office of - the Registrar
of Titles. Hennepin County. Minnesota.
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Containing 136.343 square feet more or less.
Parcel 3:
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That porcel of land is located os port of the southeast quarter of the
southeast quarter of section 32. Township 117. Range 23 in Hennepin
County. Minnesota.
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6110 Blue Circle Dr.
Sul'" 1100
Minnelonka, Mn.
55343
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EAGlECREST NORTH~ST
3030 HARBOR LANE
PLYMOUTH, UN 55447
SHOREWOOD
SENIOR HOUSING
EXISTING
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DESlCNtD
CHrCKED Qt CHro<
PROJfCl NO.
117050
MN HWY, 7 & EUR
Exhibit B
EXISTING SITE CONDITIONS
REOUEST
Development Concept Pion for Senior Housing
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DEVELOPMENT DATA
Comprehensive Land Use Guide
Pion
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Low Density &: Semi Rural
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Public Parks
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City of Chonhossen
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R-1C, Single Fomay
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R-1A, S;ngle Fomily
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R-1C. S;ngle Fomily
Residentiol
R-l C. Single Fomily
Residential
R-1A, S;ngle Fomily
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Minnesoto Stote Highwoy 7
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Site Area
Wetland Area
Net Area
R-1A Area
R-1C Areo
Oullot A Areo
Oullot B Areo
Pondin Area
Usoble Open Spoce
Pre-develoDment
19.08 Acres
2.77 Acres
16.31 Acres
4.45 Acres
14.63 Acres
N A
N A
N A
Post-develooment
15.83 Acres
o Acres
15.83 Acres
5.13 Acres
10.70 Acres
3. 5 Acres
O. 2 Acres
0.86 Acres
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1.48 Ac.
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3.11 Ac.
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Land Swap with City
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R-1C 465.871 sJ. / 40,ODD 11.647 x 8 ~
Totol = 115.54 Units
Proposed Dwelling Units 80 units
Density 80 units/15.83 oc.= 5.05 Dwelling Units/Acre
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Building Height
Maximum
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Private Rood
Side Yord
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DRAWING FILE: C:\OWG\97050\B3-97050.0WG
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,RLK.
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6110 Blue Circle Dr.
SuiLe '100
Minnelonka. Mn.
55343
It\efeOyttrlifylhollhisplonllGS~byrneorunDe!",,,direc;
supetvisian Gfld tIlel I omo .duty repered londs:c::cx kdlliecl
i/IldfI" the lcn of the Siaie ollfrnnesalD..
KYR
EAGLECREST NORTH~ST
3030 HARBOR LANE
PLYMOUTH, MN 55447
SHOREWOOD
SENIOR HOI'
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PROJf:CT /lIO.
117050
MN HWY. 7 & EU
Exhibit C
CONCEPT PLAN
Shorewood Senior Housing - Eaglecrest
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PROPOSED BUILDING ELEVATIONS
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PROPOSED FLOOR PLANS
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June 6, 1997
Shorewood Senior Housing
Minnesota State Highway 7 and Eureka Road
Shorewood, Minnesota
By:
Developerl Applicant
Eaglecrest Northwest
3030 Harbor Lane
Plymouth, MN
.
Professional Consultant
RLK-Kuusisto Inc.
6110 Blue Circle Drive, Suite 100
Minnetonka, MN 55343
REQUESTS
The applicant requests city approval of a conditional use permit for a concept Planned Unit
Development ofapproximatelyI5.83acres, consisting of80 senior housing units. This Planned
Unit Development proposal includes the preservation of existing wetlands and a number of the
scattered trees which cover a portion of this site.
SUBJECT PROPERTY
Address:
25600 State Highway 7 and 6140 Eureka Road
(Northwest Quadrant on MN state Hwy 7 and Eureka Road)
. Legal Description:
Parcel 1
The west 10 rods of the easterly 20 rods oflot 98, Auditor's Subdivision Number One Hundred
Thirty-Three (133), Hennepin County, Minnesota.
The Easterly 10 rods, front and rear, of Lot 98, Auditor's Subdivision Number One Hundred
Thirty-Three (133), Hennepin County, Minnesota.
Lot 23, Meeker's Outlots of Excelsior.
Parcel 2
That parcel of land located in Hennepin County, Minnesota, described as follows:
Lot 74, Auditor's Subdivision No. 133, according to the plat thereof on record at the office
of the Register of Titles, Hennepin County, Minnesota.
Containing 136,343 square feet more or less.
Exhibit F
APPLICANT'S NARRATIVE
Dated 6 June 1997
I,
.
.
June 6, 1997
Shorewood Senior Housing
Descriptive Narrative
Page 2
Parcel 3
Part of the Southeast quarter of the Southeast quarter of Section 32, Township 117, Range 23 in
Hennepin County Minnesota.
The subject parcels are presently zoned as R-IA and R-IC. The site is occupied by two single
family homes and a tree nursery. The surrounding area is also zoned as either R-1A or R-1C.
Freeman Park borders the site on the north and west side. The Shorewood Oaks residential
development is located further to the west. This development consists of low density single family
detached homes. East of the site is semi rural residential housing. The Minnesota State Trunk
Highway 7 borders the site on the south. The city ofChanhassan is located south of this highway.
. PROJECT DESCRIPTION
Shorewood Senior Housing is a 15.83 acre Planned Unit Development consisting of 80 single
story, multi-fumily residential units to be used as housing for seniors. The site is currently known
as the Lan De Con, Snyder, and Wagner Properties.
The applicant proposes that 3.75 acres (Outlot A) ofland in the northern portion of the site will be
given to the city for park dedication in exchange for 0.9 acres ofland northeast of the site in
Freeman Park. This exchange of properties will allow the wetlands and wooded areas of the site to
be protected while permitting the proposal to be more appropriately designed with the natural
features of the site.
.
Based on current zoning, the maximum allowable residential units for this site is 115, 35 more
units than proposed. The proposal has a density of approximately 5 units per acre. Furthermore,
an additional 13.5 foot setback has been established along Eureka Road, creating a larger buffer
area between the proposed development and the existing land-uses to the east of the site. Outlot B
(0.32 acres) on the west side of the site has also been established to provide a buffer between the
existing park and the development site. These measures, as .described above, will lessen the
negative visual impacts that will result from of this development.
Lake Minnewashta is located south of the development in the City of Chanhassan. A small portion
on the south side of the development is located within 1000 feet of this lake. However, Highway 7
separates the site from the lake, acting as a barrier between the two. Furthermore, the site itself
slopes in a northerly direction away from Lake Minnewashta so the surface runoff will not enter it.
According to the City's zoning regulations under the Shoreland District Section 1201.26,
Subdivision 3, page 143;
" ... The Practical distance (of the shoreland boundary) may be less whenever the waters
involved are bounded by topographical divides which extend landward from the waters for
lesser distances and prevent flowage toward the surface water."
For these reasons stated above, this development site should not be subjected to the regulations as
set forth in the Shoreland District section of the City's zoning regulations.
.
.
.
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June 6, 1997
Shorewood Senior Housing
Descriptive Narrative
Page 3
The circulation design for the development consists of one public street and a network of private
access roads and driveways. The public street will travel eastJwest through the site and connect to
Eureka Road, the development's primary entrance. Six housing structures will be located south of
this street with private driveways connected to it. An additional four housing structures, to the
north, will also be accessed from this street. A private access road will connect to the public street
at two points. This access road will loop through the northern portion of the site providing access
to the remaining housing structures. Each housing structure consists of four dwelling units. Each
housing unit will have four parking spaces for a total of 320 parking spaces throughout the site.
Shorewood's Need for Senior Housing:
The City of Shorewood has attempted to address the growing need for senior housing within the
community. A thorough and in depth analysis was conducted by City Staff to evaluate over 18
potential sites within the community. This proposed senior housing complex at Highway 7 and
Eureka Road is located on one of the best sites in Shorewood, as identified in the City's Senior
Housing Study.
SITE DESCRIPTION
The site is located in the northwest quadrant of Minnesota State Highway 7 and Eureka Road,
which are both city streets.
T opograDhy/Grading
The site is gently sloping to the north. Site elevations range from 977 in the wetland to 990 along
the south property line. It is proposed that the future grading of the site be designed to work with
the topography of the site and be sensitive to the existing wetland located on the northern portion of
the property and the existing scattered trees.
Storm Water Ponding
Currently the site drains into the existing wetland located to the north. The proposed site plan will
conform to the city's Stormwater Management Plan and utilize this regional pond as designated. A
.86 acre on-site pond will also be constructed along the northeast portion of the site. The function
of this pond will be to treat the stormwater before it is released into the wetland. The proposed on-
site pond will be designed for rate control of a 100 year storm event to pre-development conditions.
Public Utilities
Sanitary sewer exists along Eureka Road, which is deep enough and has the capacity to service this
site. The proposed storm sewer system will direct run-offto the north and enter the system via the
existing wetland. The watermain service to this site exists through an extension of the existing
watermain located to the west in Freeman Park.
.
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June 6, 1997
Shorewood Senior Housing
Descriptive Narrative
Page 4
LAND-USE TABULATION
Residential Uses 3.60 156,780 23%
Usable 0 en S ace 4.59 200,107 29%
Private 0 en S ace 2.82 122,699 18%
Pond 0.86 37,249 5%
Public Ri ht of Wa 0.98 42,840 6%
Parkin S aces, Loadin s aces, and Related Access 2.98 129,868 19%
T ..............1. ..5..... ...... .............6. .8.... ....5..4.... "3" ..... ......................... '0' '0' .'*.....
OT AL PROJECT AREA t::/;t::a3 }}:/..9:t.:./=/:}}}t1.9.:
The proposed development may be constructed during two construction seasons if time does not
permit the entire development to be constructed in one season. If that should occur, the
development will be constructed in two phases. The southern 10 structures that abut the public
street will be constructed during the first phase. The remaining ten structures will be constructed
along with the private driveways during the second phase.
.
.
Pv'o l,,- Vo..o.\..J. 42/150 (. '17 ~~)
d. . - ...::J.... -.I .
Site Area
Wetland Area
Net Area
R-1A Area
R-1C Area
Outlot A Area
Outlot B Area
Pondinq Area __ __ ..
Usable Open SpcJ;..e
Pre-development
19.08 Acres
2.77 Acres
16.31 Acres
4.45 Acres
14.63 Acres
~j;
N/A
f,1inimum
N/A
N/A
Proposed
Aand Swap with CIl;,
"ighland Ground)
From City: 0.90 Ac.
Post-development.
15.83 Acres
o Acres
15.83 Acres -.,qj
5.13 Acres- ..3#
10.70 Acres- .",
3.75 Acres
0.32 Acres
0.86 Acres
R-1A
1.03 Ac.
(20%)
1.48 Ac.
(28.'8%)
R-1C
2.14 Ac.
(20%) .
3. 1 1 Ac.
(29.1 %)
To City: 1.21 Ac. .
tvloxirnufi) number f.of I t.'~;icJ.;ntiol units bosed on current zoning
2.oh ,,,.r;z. S. 1.1 2.0.6'"
R-1A 223,672 s.f / .10,000 = 5.592 x 4 = 22.37
R - 1 C 4 65,87 1 S . f . / -i 0 . 000 = 1 1 . 647 :< 8 = 9 3. 1 7 6 i . 7 t..
4~')(P4'f /C.'f1 Total = 115.54 Units.
/O'.~a
Proposed Dwellinq t jf,;!:. 80 units
Density 80 u;'lil:.,'1' B3 ae.= 5.05 Dwelling Units/Acre
R1~ D/~JMOR~1C
Building Setbacks
Public R.O.W >-:t[IGck
Pork Setback
. Eureka Rd. St;[!';c f.
Hwy. 7 Selbol.'
35'
t'J/A
50'
50'
Building Height
Maximum
Proposed
Parking
Required
Proposed
Setbacks
Pr-ivate F.-..lO
Side Yorc;
Rea r '( (] f ,.1
1 1/2 Stories
1 Story
2/Dwelling Unit
4/Dwelling Unit
15 ft.
5 ft.
5 ft
35'
40'
N/A
40'
/4, f>~
4,1'1
10.01
Exhibit G
SITE TABULATIONS
Revisions shown handwritten
"
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CITY OF SHOREWOOD
RESOLUTION NO. 95-_107
A RESOLUTION ELECTING TO PARTICIPATE
IN THE LOCAL HODSL.'iG INCENTIVES
ACCOUNT PROGRAM UNDER THE iYLETROPOLITAN
Lr~l AB LE CO iVIl\tlUNITIES ACT
AJ.'fD SETTING ASSOCIATED HOUSING GOALS
WHEREAS, the Metropolitan Livable Communities Act (1995 iYlinnesoca Laws
Chapter 255) establishes a Metropolitan livabLe Communities Fund which is imended co
address housing and other developmenr issues facing the metropolitan area detined by
Minnesota Statutes Section 473.121; and
!
WHEREAS, the Metropolitan Livable Communities Fund, comprising me Tax
Base Revicalization Account, me Livable Communities Demonsrration Accounr and the
Local Housing Incentives Account, is imended to provide cerrain funding and other
assistance co metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligrble co receive granes or
loans under the Metropolitan Livable Communities Fund or eli~ibLe co receive cerrain
polluted sites cleanup funding from the MinnesOta Department of Trade and Economic
Developmenr unless the municipality is participating in me Local Housing Incentives
Accoum Program under iYUnnesota Statutes, Section 473.254; and
WHEREAS, the MetropoLitan Livable Communities Act requires me MetropoLitan
Council co negotiate with each municipality co establish affordable and life-cyc1e housing
goals for that municipality chat are consistenr with and promote the policies or the
Metropolitan Council as provided in the adopted Metropolitan Developmenr Guide: and
WHEREAS, by June 30, 1996. each municipality must identify to the
Metropolitan Council me actions me municipality plans to' take to meet the established
housing goals; and
WHEREAS, me Cicy of Shorewood Comprehensive Plan as updated in 1995
includes the following goal:
The Cicy shall promote the development of safe. healthy and
affordable housing options;
and the following objective:
Develop a senior housing program which:
· Allows seniors co stay in their single-family homes,
· Provides a .range of housing types induding step-down housing, senior
apartments and assisted-living housing, with initial emphasis being placed
on step-down housing,
· Establishes ,ez'Jlarions which oermit me construc:ion of affordable senior
housing whrie ensuring ~ompatibi1iry ,,virh existing reside nci 8.l
'T . .
ne:gnoornoocs.
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Resolution No. 95. 107
Page 2 of 3
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Assists tinancially in senior housing projects to ensure affordabiliry :md
enhance compatibility wim existing developmenrs; :md
WHEREAS, !:he Ciry of Shorewood has a history of cooperanon wim
neighboring municipalities: and
WHEREAS, a special Senior Housing Needs Task Force reported to me
Shorewood City Council in May of 1991 mat there is a need in me Soum Lake ylinnetonka
area for step.ctown housing, mat is smaller man me typic:ll single-family dwelling. Said
report recommended that the City needs co keep in mind the income of its senior citizens
and plan for housing which is within the means of its residents; :md
WHEREAS, the City of Shorewood is currently undertaking a housing in.venrory
and intends to complete the housing section of its Comprehensive Plan during 19%; :md
WHEREAS, the Ciry of Shorewood looks forward to working with the
Metropolitan Council in addressing major metropolitan lssues which are barriers co
affordable housing in Shorewood. such as:.
. exorbitant metropolitan sewage charges largely due to intlow of clear water into
the system due co permeable soils and Shorewood's proximity to Lake
Lvlinneconka resulting in Shorewood's sewer charges being cwo to three times
greater than many metropolitan cities ($260 per household per year),
. high metropolitan transit levy of 5301.920 in 1994 ($120 per household per
ye:.rr) despite a lack of transit service and options to provide service to
Shorewood.
NOvV, THEREFORE BE IT RESOL v-eD that che City of Shorewood hereby
elects to participate in the Local Housing Incentives Program under che Metropolitan
Livable Communities Act during calendar year 1996.
BE IT FURTHER RESOLVED chat che following are goals for me City of
Shorewood for a two-year period through 1997:
. The City of Shorewood will explore the concept of cluster planning :md
cooperative efforts LO address affordable housing needs in cooperation with the
south Lake Lvlinnetonka cities,
. Complete the housing section or the Shorewood Comprehensive Plan,
. Pursue an estimated SL1.ty units or affordable senior housing within Shorewood
as recommended in me Senior Housing report or i991. and
. Work with the Metropolitan Council in addressing barriers to affordable
housing in Shorewood wr.tich are direct responsibilities of the Metropolitan
Council, most siJeciticallv, hi2:h metroooiiran sewa!!e charg:es :md the lack or
metropolitan uansit serv{ce wich no op'tions ror tJro~iding said services.
.
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Resolution No. 95'--LQL
Page 3 of 3
< -~-, -~r-~~ -,;....~" i___
ADOPTED by the City Council of the City of Shorewood this 23rd day of
October. 1995.
ATTEST:
fJe~"v;i4 C '1:h~v"''i
JAlvfES C. ffiJRLv1. CITY ADLYilNISTRATOR
:i
i
ROBERT B. BEA.l.'i, 0ifA YOR
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res~an.:ilQuik
. A Study of
Senior Housing Needs
Prepared for:
The City of Shorewood
May, 1991
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I ., ., The City of Shorewood
~l:sc.::m:.1QUlk ~1lI1IH:~['ohs. ~lrnnc.:~or.1 S . H . M k t R h P . t
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Summary Findings and Recommendations
May, 1991
In order for the Task Force to become better educated on senior housing
options and experiences, Task Force members toured three senior housing
sites in February. These were:
Lake Shore Village, a large multi-service campus with various
residential options offered for older adults. It is located at Twin
Birch in Spring Park.
Elder Homestead, an assisted living housing project located in
Hopkins on Highway 7. It was the first assisted living only housing
project built in the Twin Cities.
Parkshore Place, a high rise senior apartment building offering
market rate rental apartments in St. Louis Park.
The Task Force met eight times between October and May of 1991 and worked
with a consultant to conduct a study of the needs of area seniors. The study
occurred in several stages. In the first stage, demographic data on Shorewood
and surrounding communities were gathered. In addition, various reports
available from government bodies were used to identify the housing needs of
area residents as well as housing options in the area.
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In the second stage of.the study, the consultant interviewed ten "experts" to
gather opinion data. "Some of these experts were employees of social,
government or private agencies serving the elderly. Others were people who
were retired. and were residents of the area. Using an open-ended interview
guide, opinions and information were gathered to help the Task Force gain
some idea of housing" options and needs in the area.
In the third stage of the study, more than 1300 residents of Shorewood and the
surrounding area who were 50 years of age or older were mailed a survey"
designed to gather their opinions on their housing needs. More than 400
surveys were returned. Results of the survey revealed that there were many
adults who had retired or were planning on retiring in the area and that they had
very diverse housing needs.
Finally, in the last stage of the study, two discussion groups composed of a total
of 26 retirement age adults who resided in Shorewood and the surrounding
area reacted to various issues posed by the Task Force. These groups helped
to prioritize the housing needs of senior adults and verified some of the findings
of the earlier research.
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" .. The City of Shorewood
rl:sl:~rchQUlk .\llllnc.:apolrs. .\[lllnc.:~:()u Senior Housing Market Research Project
Summary Findings and Reeommendatfons
May, 1991
THE CITY OF SHOREWOOD
SENIOR HOUSING MARKET RESEARCH TASK FORCE
SUMMARY REPORT
MAY, 1991
I. BACKGROUND
In September of 1990, the City of Shorewood's City Council commissioned a
study of the needs of Shorewood area retirement age adults for housing. The
City appointed a special Task Force, mainly composed of retirement age adults. .
The members of the Task Force were as follows:
1.
Cathy Anderson 7. Bob Lower
6110 Tee Trail 4760 Lakeway Terrace
Excelsior, MN 55331 Shorewood. MN 55331
Jack and Shirley Barnum 8. Lucy McDonald
5740 Echo Road 5620 Howards Point Road
Shorewood, MN 55331 - Shorewood, MN 55331
Jo Cunningham 9. Bill Maddy
28170 Woodside Drive 5780 Christmas Lake Road
Shorewood, MN 55331 Shorewood, MN 55331
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Bob Gagne 10. William Nilsen
24850 Amlee Road 20945 Radisson Inn Road
Shorewood, MN 55331 Shorewood, MN 55331-
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Bob Gardner 11. R. W. Reutiman
5655 Star Circle 5915 Galpin Lake Road
Shorewood, MN 55331 Shorewood. MN 55331
Barb Keffer 12. Mildred Wendt
21035 Minnetonka Boulevard 24955 Glen'Road
Shorewood, MN 55331 Shorewood, MN 55331
13. Vern Watten
5370 Eureka
Shorewood, MN 55331
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The City of Shorewood
rcsl::lrchQuik ,\linl1c:lF'olis. .\liI1l1l.:sor~:Senior Housing Market Research Project
Summary FIndings and Recommendations
May, 1991
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Following the completion of the various research activities, the Task Force met
several times to discuss the research findings and to translate these findings
into recommendations fOf the Council's recommendations. This report contains
those recommendations as well as a brief summary of the findings which led to
the recommendation. Due to their length and their degree of detail. the
research reports which were prepared throughout the entire process are not
incorporated into this summary document.
A Technical Appendix for this project has been prepared in a separate
notebook and contains the following, detailed research information:
A copy of the original project proposal which was approved by the
City
Minutes ot all Task Force meetings
Demographic data gathered for the study
Housing and service options in the area
Key respondent interview findings
Survey findings and a copy of the mailed survey
Summary focus group findings and focus group questionnaires
This report is divided into six sections which are as follows:
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II.
III.
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V.
VI.
Background
The G rowing Need for Senior Housing in Shorewood
The Diverse Housing Needs of Retirement Age Adults
Locating Housing Options for Retirement Age Adults Within
Shorewood
Providing Support Services for Senior Housing Options in
Shorewood
Financing Housing Options for Seniors
Sections II-VI contain several Maior Findings which the Task Force would like to
comm unicate to the Council. Following the findings. there is a set of General
Recommendations which the Task Force would like the Council to consider and
discuss.
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The City of Shorewood
n:sl.."~:n.:hQuik .\linl1c:f'oii'-. .\li!1l1l.:so(':Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
II. THE GROWING NEED FOR SENIOR HOUSING IN
SHOREWOOD
One of the main reasons for the initiation of this study of area seniors was the
perception that there had been significant growth in the number of retirement
age adults residing in Shorewood. Demographic data, supplied by a reputable
national demographics company which specializes in projecting population
changes, conclusively demonstrated rapid growth in the numbers of retirement
age adults in the area.
Reports from the Metro Council illustrated the senior housing options in Western .
Hennepin County and also spoke to the need for careful housing planning for
senior adults.
MAJOR FINDINGS:
1. The Cities of Shorewood and Tonka Bay (which share the census tract)
currently are estimated to have and also are projected to have more
adults over age 55 residing in them than any other area cities.
NAME OF THE CITY
CENSUS TRACT NUMBERS
275.02
274
275.01
905,906
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Tonka Bay/Shorewood
Deephaven
Greenwood/Excelsior
Chanhassen
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PROJECTED GROWTH IN NUMBERS OF SENIORS
55 AND OVER
, 1980. 1990 1995
CENSUS PROJ. EST.
Tonka Bay/Shorewood 670 1,558 2,1 02
Chanhassen 577 1,291 1,755
Greenwood/Excelsior 1,012 1,200 1,290
Deephaven 766 1,329 1,620
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The City of Shorewood
rl:sl:a:-chQuik .\!i:ml:;lp(lli~. .\!in:1t:'o(:l Senior Housing Market Research Project
Summary findings and Recommendations
May, 1991
2. The growth of the mature adults population, as a proportion of the overall
population, has been greater than the population growth overall. . The
following two tables illustrate estimated and projected population growth
for the four cities which were studied. Tonka Bay/Shorewood and.
Chanhassen have experienced explosive overall population growth
while Deephaven and GreenwoodlExcelsior have experienced only
moderate growth.
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PROJECTED GROWTH IN TOTAL POPULATION
1980 1990 1995
CENSUS PROJ. EST.
Tonka Bay/Shorewood 4,646 7,906 9,522
. Chanhassen 4,903 8,189 10,146
Greenwood/Excelsior 4,530 5,325 5,718
Deephaven 4,242 5,496 6,122
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ADULTS OVER AGE 55 AS A PROPORTION OF THE POPULATION
1980 1990 .1995
CENSUS PROJ. EST. .
Tonka . Bay/Shorewood 14.4% 19.7% 22.1%
Chanhassen 11.8% 15.8% 17.3%
Greenwood/Excelsior 22.3% 22.5% 22.6%
Deephaven 18.1% 24.2% 26.5%
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. '" The City of Shorewood
.\!llllH':~l~'()ilS. .\ 1l!1I1l:Sor':Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
n,:sl:.m:hQuik
3. The rate of grawth of the mature adult population in Shorewood over the
past ten years has been greater than any other adjacent city. In addition,
It is a very close second to Chanhassen, the city which is projected to
have the greatest rate of growth for the next five years.
NAME OF THE CITY CENSUS TRACT NUMBERS
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Tanka Bay/Shorewood 275.02
Deephaven 274 .
G reenwaod/Excelsior 275.01
Chanhassen 905,906
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PERCENTAGE CHANGE IN NUMBER OF SENIORS
OVER AGE 55
1980-90 1990-1995
% Change % Change
Tonka Bay/Shorewood 132.5% 34.9%
Chanhassen 123.7% 35.9%
Greenwood/Excelsior 18.6% 7.5%
Deephaven 73.5% 21.9%
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Taken from National Planning Data Reports, specially ordered for this study in
November of 1990.
3. Shorewood lacks virtually any type of apartment housing and is absent
any housing targeted for the retired adult market. The' nearest subsidized
apartment housing is a senior apartment building located in Excelsior.
Market rate rental senior apartment housing is located in Spring Park
and Minnetonka. Assisted living housing is located in Hopkins and
Spring Park. There are no nearby housing units which are smaller, built
on a single level and wheelchair accessible which could serve as "step-
down" housing for senior adults who would like to move out of their
current homes. (See map on the next page which illustrates senior
housing options in this areca)
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. . I' The City of Shorewood
.\1ll1n<:apolts. .\.!I1I1l:sorJ Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
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Consumer's Guide to HousinQ Options for Older Peoole. March. 1988
Metropolitan Council Housing Program
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Subsidized Housing
1 . Archer Heights, Minnetonka
. 2. Boardwalk, Wayzata
7. Edendale Retirement, Eden Prairie
9. Glen Lake Landing, Minnetonka
11 . Hillcrest Apartments, Loretto
12. Hillside Terrace, Long Lake
14. Indian Knoll Manor, Mound
16. Maple Terrace, Maple Plain
25. South Shore Communities, Excelsior
28. Weston~a, Mound 7
Market Rate Rental
40. Elder Homestead, Minnetonka
44. Lakeshore Residence, Spring Park
48. Ridge Pointe, Minnetonka
51 . Twin Birch Villa, Spring Park
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, . . ... The City of Shorewood
n:s~~1n:l~QUlk ,\ bnl'ap()!ls. .\{mI1I:SIJr.iSenior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
4. A report of the Metropolitan Council advises planners of housing to
assess needs carefully before recommending the construction of new
senior housing. There is a surplus of different types of housing in the
metro area as a whole. The oversupply of apartment housing is likely to
continue or even worsen as the baby boomers move out of apartments
into homes. The population cohort which follows the boomers, called the
"busters", are not as great in number and will not be able to fill up these
empty apartments.
Subsidized buildings still tend to fill rapidly and have long waiting lists.
Yet, there are areas in the Twin Cities which are missing needed
housing: Planning for housing needs should take into account the
unique needs of the area while keeping in mind the overall city-wide
surplus: .
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GENERAL RECOMMENDATIONS:
1 . The City of Shorewood should develop a policy statement to provide
guidance to its development of housing restricted for the use of mature
adults over the next ten years. This policy should express appreciation
for the contributions made by the long-time senior residents of the
community and should affirm the right of community senior citizens to
housing which is dedicated to meeting their changing needs. .
The policy should address the fact that the population of the city's seniors
is growing and that current housing options do not meet the retirement
needs of senior adults. It should state the City's commitment to meeting
these needs. In making a commitment to a uniform policy to guide the
, City Council until the year 2000, . the City acknowledges the long time
frame which is needed for development and construction of dedicated
senior housing. Without a serious and enduring commitment from the
City, it will be difficult to secure the development funds which are needed
to build these housing options. '.
The City should also state its intent to respect the needs of senior adults
to remain independent in their own private homes as long as it is'
feasible. The statement of this intent implies exploration and funding of
those community services which best support the independence of
senior adults. Some of these services are discussed in Section V. of this
report.
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,. " The City of Shorewood
n;s.:.:r(~1QUlk \bnG1.plllIs..\ lI!1nC~or~:Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
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2. A permanent Senior Housing Commission should be appointed to
implement the policty commitment made by the City Council to senior
housing options and supportive services. This Commission could
provide advocacy for housing for this age group and guide development
efforts to serve senior housing needs. It could also coordinate the need
for housing with other services targeted to mature adults which are city
sponsored and funded. It could act in an ongoing advisory capacity to
the City Council in these matters.
The Senior Housing Commission should develop and recommend a
process to the City Council for updating information on the housing
needs of senior adults in Shorewood and the surrounding communities.
Since the population of seniors is expected to continue to grow rapidly,
needs for housing can be expected to change over time as well..
3.
III. THE DIVERSE HOUSING NEEDS OF RETIREMENT .AGE
ADULTS
The Task Force identified three types of housing which are options needed to
serve the diverse lifestyles and preferences of senior adults over age 55. These
three types of housing were: "
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Step-Down Housing: this housing is smaller than the typical
single family dwelling, private with its own entrances and exists
and built on one level with a smaller yard. It is totally handicapped
accessible and is located so that is has easy access to support
services which are offered in the area. This type of housing can
be a stand alone unit such as a "bungalow" or a "cottage-. It can
also be a part of a multiple dwelling unit such as a townhouse,
duplex or quadplex. .,.
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· Senior Apartment Housing: this housing is a multiple unit
dwelling which contains special services for senior adults such as
meals, planned social and recreational programming, health and
emergency services and so on. This is the housing which- is
typically referred to as "senior housing". .
Assisted Living Housing: this type of special housing offers
very frail adults an apartment lifestyle but with professionat staff to
p~ovide personal care and housekeeping support as needed.
All of the housing options were discussed with community experts and were
also included in a survey mailed t<g retirement age adults. All researdt sources
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rc..c_rL..QUlk ~hnnc.l~olI:;, ,\hnI1CSOr.1Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
strongly support constructing housing units of the type described in the first
option listed on the previous page i.e. step-down housing.
MAJOR FINDINGS:
1.
Respondents to the mailed survey have lived in Shorewood or the
surrounding area for an average of 27 years. 76% of the respondents
stated they were planning on remaining in the area for the remainder of
their retirement years. Less than half of these respondents leave the
area for vacations.
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These loyal area residents moved to Shorewood when it was a rural
community and have built a network of friends and associates which they
would like to maintain through their retirement years. They express
frustration when describing their efforts to locate housing in the
community which is more suited to their retirement years.
Shorewaad seniors are fiercely independent and, according to survey
responses, are still very healthy and able to do most activities of daily
living with minimal help. In the group discussions, they were very vocal
in expressing their desire to stay in Shorewood.
30% of the respondents to the survey would like to relocate from their
present home in the next four years. If these respondents are
representative of the area's seniors, there are about 600. households
located in the ShorewoodlTonka Bay census tract which would like to
move into something more suitable in the near future.
3. When survey respondents were asked to select the housing option which
they would MOST LI KEL Y want when they relocated. they selected the
option described as "housing which is somewhat smaller than the
average home, all on one level, and could include bungalow-cottage
housing" or. step-down housing. 79% of the respondents selected this
category af housing.
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Another 17% selected'the more traditional senior apartment housing
option described in this question. 7% of the respondents thought they
might need assisted living housing when they relocated.
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. . . . . The City of Shorewood
n:s~an.:hQulk ~[:l1nc.lrnh:;. ~[ll1l1csora Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
The need for housing seems to match up with lifestyle and value choices
of older adults. There appear to be three distinctly different market
segments:
The 65-80 year old retired couple who are healthy and active.
The 80+ widowed female who is aging and increasingly unable
to handle heavy chores, but is otherwise healthy. She
may be lonely and have security concerns.
The older person of either gender who has a special health need.
As the life expectancy of males increases due to changing health habits,
there will be many more couples who reach retirement age together and
are. not interested in apartment housing options.
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GENERAL RECOMMENDATIONS:
1.
The City of Shorewood should promote the development of housing
options for mature and retirement age adults within the city limits of
Shorewood. The housing option which currently has the greatest
support of area seniors is bungalow-cottage, step down housing which is
specially built to accommodate retirement age adults. Special features
could include housing built on a single level without any stairs or steps,
housing which is fully handicapped accessible and housing which '. ',' "
retains a small yard. Also important to seniors is a sense of privacy about
their housing. They like private entrances and exits to their housing and
dislike "long hallways with many doors' of the kind found in apartment
buildings.
2. Multifamily apartment type housing should be constructed in Shorewood
to meet the needs of people who prefer to live in a building with other
senior adults. Many senior adults are female and widowed. They seek.
out apartment housing to reduce their sense of isolation (to meet social
needs) and to increase their sense of security or safety. Manyoutdoor '
chores are difficult for a widowed woman to manage. Thus, this type of
housing meets many needs.
This building should also contain those services which best support an
independent lifestyle for seniors. A meal service on premises,
transportation to medical appointments, shopping and to social activities
is important for those who no longer drive. Many senior apartment
buildings also offer a variety of other services ranging from exercise.
rooms to woodworking shopis. Market rate rental housing is the option
which is most needed for the near future.
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The City of Shorewood
n':s~~lI\.:hQuik .\liIHlcapolis, '\[inncsoraSenior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
3. Since assisted living housing is a distinct need for a small market niche,
this type of hou~ing could be discussed and planned collaboratively with
other cities in the immediate area such as Greenwood, Tanka Bay and
Deephaven. The need for this type of housing is predicted to grow
nation-wide as the public becomes educated and aware of its presence.
Many persons who are sent to nursing homes could be served by this
type of housing instead, and it is anticipated that the state may make
funding policy changes in the future that will encourage its appropriate
use.
The City should incorporate this type of housing into its overall senior
housing plan, but the need for this option is not urgent at this time.
Another need in the area is for a quality nursing home. Joint planning
both for an assisted living housing unit and for a nursing home would be
a development option which the Task Force strongly encourages.
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IV . LOCATING HOUSING OPTIONS FOR RETIREMENT AGE
ADULTS WITHIN SHOREWOOD
The City of Shorewood has developed almost completely on its eastern edge.
Thus, tracts of land for the construction of housing are most limited in this part of
town. The tracts that are available are in neighborhoods with single family
dwellings an~ are small. ..
Central Shorewood offers several tracts of land which are close to service and
shopping facilities. Some are located in areas which offer recreational
opportunities as well. There are several tracts which are greater than 6 acres in
size and would be suitable either for some bungalow-cottage housing or for a
multifamily apartment building.
Western Shorewood is the least developed part of Shorewood. It contains
many larger tracts of land located in scenic sites.' It, too, would be amenable to
construction of various types of housing but is least likely at this time to offer
easy access to services and shopping.
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.ii.. .. The City of Shorewood
n.:scarchQUlk .\lll1l1c;lpohs. .\lll1I1CSOl:;lSenior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
MAJOR FINDINGS:
1. . When area seniors were asked the following question on the mailed
survey, they responded as noted below:
Q: If you could choose any site for your next home, do you think you
prefer an urban location close to shopping and entertainment or a rural
setting, close to lakes and trails?
Urban
38%
Rural
54%
During the group discussions, participants were. asked to clarify why they
had selected these answers. Those who chose the urban option
mentioned that they would like the housing they lived in to be close to
public-transportation and to services and shopping. 50, they had picked
"urban" for their answer.
The other group chose the "rural" option because they had located in
Shorewood many years ago because of its remoteness and rural charm.
They would prefer to live on a site which overlooked a lake or wetlands,
knowing that their home would always have a view of nature and be
close to "trails and birds".
2.
During the group discussions, Shorewood seniors were shown a map of
many sites within 5horewood which could support the development of
housing for senior adults. A description of the sites which were located
on the map is attached to this report as an appendix. The preferred sites
were as follows:
Eastern Shorewood:
· Site # 2 which is south of the Highway 7 service road and north of
Third Avenue, at the northern end of Christmas Lake Road.
They liked this site because it offered a view.
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~. . ... The City of Shorewood
n.:scarchQUlk .\ltnl1caF'olls. ,\lll1nt:~Or.lSenior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
Central Shorewood:
Site # 5 which is north of State Highway 7, about 1 block east of
the southern end of Glencoe.
Site # 6 which is north of State Highway 7 service road, west of
Lake Linden Drive and south of Maple. .
Site # 7 which is west of County Road 19 across the street (west)
of the Tonka Bay Shopping Center.
These sites were chosen because they were close to current shopping
center and service locations.
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Western Shorewood
· Site # 15 which is north of Smithtown Road, about 5-6 blocks west
of Grant Lorenz.
· Site # 16 which is about one block south of Smithtown Road and
west of Strawberry Lane.
· Site # 17 which is south of Woodside Road and west of Howard's
Point Road.
These sites were selected because they were in more rural parts of
Shorewood and were dose to "birds and trails".
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3. Task Force members also discussed the various sites and recommended
that senior housing be considered for placement on these locations:
· Site # 8 which is north of Smithtown Road and about two blocks
west of Star Lane.
· Site # 9 which is south of Smithtown Road, across the street from
site # 8.
80th of these sites are close to the golf course, which Task Force
members agreed was an attractive retirement housing location for active
senior adults.
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" .. The City of Shorewood
rcsc:m.:hQUlk '\[mnc;lroltS. ~[tnncsot:lSenior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
One other locations which was not listed on the map but was added
during a discussion between Brad Neilson and the Task Force was a site
which is 52 acres in total size,. and has 26 buildable acres. It is located at
the intersection of Cathcart Drive and Smithtown Road (the northwest
comer). This site would offer a large campus with a sizable portion of
property which is not usable for construction. The property could provide
. both enough acreage to develop the cottage housing which seems to be
preferred and the park-recreation-scenic beauty space which is identified
as important to these Shorewood residents.
GENERAL RECOMMENDATIONS:
1. The City Council, through the Senior Housing Commission, should
promote the development of step-down housing on parcels 8 and 9,
adjacent to the golf course. As much as possible, the City should
emphasize to prospective developers that it is interested in incorporating
the current recreational and service features of Shorewood into any
planning for housing for senior adults. Thus, the golf course becomes a
community asset with a special attraction for those who are retiring.
A multifamily housing project should be constructed in a more scenic part
of Shorewood. This housing will offer area seniors a high quality of life
only if their service needs are also planned for as a part of the housing
project. These special service needs are addressed in the next section
of this report.
2.
A tall apartment building will not be acceptable to most Shorewood
seniors because they have rejected urban buildings as unappealing.
Thus, any multifamily housing should attempt to keep building heights
under three stories and should research ways to offer apartment housing
which supports independence and privacy as much as is possible, given
cost constraints.
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The City of Shorewood
rl:scan.:hQuik ,\{ir.nl::lp(lli~. .\{inl1l:~()rJ Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
V. PROVIDING SUPPORT SERVICES FOR SENIOR HOUSING
OPTIONS IN SHOREWOOD.
Senior housing is not just a place to live but rather a service concept Thus, the
design of the residence is only one part of planning senior housing. In their
retirement years, most seniors want to:
reduce their outdoor and indoor chores
increase their feeling of comfort and security
- maintain physical and financial.independence
maintain a healthy and active social life.
Without proper service support, senior housing can turn into senior ghettos in
which mature adults are housed but not supported. There are three types of
service planning which the City will need to support:
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services to support the housing itself, such as sewer, water, zoning
changes to permit changes in yard size and so on.
· services which alter the home soas to better support a changing
lifestyle and changing health status such as the addition of exterior
ramps instead of stairs, the enlargement of entrances and interior
doorways and other modification of interiors which reduce the
problems created by interior stairs.
services which actually support the retirement age adult such as
improved transportation options, accessible health care, social
and recreational activity planning, maintenance and chore
services and so on. . .
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MAJOR FINDINGS:
1. 6% of the retirement age residents of Shorewood reported that they were
unable to obtain transportation in the past year when they needed it In
some cases, they were unable to drive after dark because of poor vision
or they were unable find an available bus which matched their
transportation need. While 6% may seem a small number,- 6% of 2000
people is 120 Shorewood residents who are unable to transport
themselves to various appointments and social engagements when they
want.
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The City of Shorewood
n:scarchQuik ,vlinncapolis. ~linncsoraSenior Housing Market Research Project
Summary Findings and Recommendations"
May, 1991
3.
If the costs were approximately the same, would you prefer to stay in your
own home and buy the services you need such as home maintenance,
transportation and delivered meals
or
move into a multi-housing complex which would have needed services
available on premises and paid for in the cost of the housing?
They responded as follows:
Stay in own home:
Move
68%
24%
When possible, people prefer to stay at home. They relocate when they
. are no longer able" to get the services they need or when they are unable
to afford these services." .
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.. .. The City of Shorewood
n:st.:;J.n.:hQUlk '\ltnl1t.:apol1s. .\11011l.:S0CaSenior Housing Market Research Project
Sun:tmary Findings and Recommendations
May, 1991
GENERAL RECOMMENDATIONS:
1. In planning and developing senior housing options, the City Council will
need to bear in mind that city infrastructure and systems also will be
needed to support these new housing options. Thus, the City should
also begin to consider:
Zoning changes which permit the type of housing to be built at an
affordable cost which seniors need to support their changed life
style.
Water and sewer systems to support this housing.
Public transportation options such as Dial-A-Ride which are more
flexible and permit portal to portal service at affordable rates.
Access to quality health care such as hospitals and nursing homes
and clinics.
.
.
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2. The development of housing options should be done collaboratively with
public and private agencies which currently serve area seniors. It will be
important to involve those local programs which offer services such as
meals, transportation, chore and home maintenance and home health.
VI. FINANCING HOUSING OPTIONS FOR SENIORS
Although the resources of seniors who reside in Shorewood are somewhat
above.area norms, keeping housing affordable is still important. Retirement
age adults are at the end of their earning years and are anxious to protect their
assets for use over the rest of their lives.
.
Many seniors living in the area are home owners, and thus have a major asset
which could be used to finance the purchase or rental of another housing
option. Answers to the mailed surveys revealed a great range of financial
strengths and capabilities. Area experts, who were interviewed as a part of this
project, described Shorewood seniors as of moderate means.
There is a split in preference among Shorewood seniors for purchase or rental
housing. This split seems to depend on the investment strategy of the senior.
Some prefer to remain more liquid and do not view housing as a very good
investment as this time of their life. Others do not like the idea of paying rent or
of losing control of their housing costs to a landlord, who can increase those
costs at will. They prefer to purchase. They are also inclined to view housing
as a good investment.
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The City of Shorewood
n.:s~ar(~Quik .\linnclpoiis, .\linnc:sorJ.Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
MAJOR FINDINGS:
1 . When survey respondents were asked how much they were currently
spending on housing costs including mortgage/rent, taxes, maintenance
and heating and water, they responded as follows:
.
$0-499 a month
$500-999 a month
$1000-1500 a month
14%
24%
30%
.
More than $1500 a month 18%
2.
(Some respondents did not answer this question)
There is a very broad range of current housing costs, matching the
perception of community experts that most Shorewood seniors are
moderately well off. There is, however, a distinct group which has lower
housing costs and a distinct group which has higher housing costs.
Meeting the needs of both groups will be a challenge to the City.
When people were asked: ",
Would you svpport the use of an initial endowment or entrance fee if the
amount could be retrieved at a later date and if the amount would permit
the housing to cost less on a monthly basis?
They responded as follows:
Yes
No
65.0%
26.6%
The discussion groups showed that most Shorewood residents would be
willing to learn more about endowment options and that it would be
important for the endowment to be retrievable.
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The City of Shorewood
n.:st::1[chQuik MinIH'::1polis. .\linn<.:sor;Senior Housing Market Research Project
Summary Findings and Recommendations
May, 1991
3. In terms of keeping rents or mortgage costs affordable, Shorewood
residents answered the following question:
What is the maximum amount you are willing to pay monthly for the
housing you have described in Question 8 above? (This amount should
include rent or mortgage payments, taxes, maintenance, heating and
water)
$500-599 per month
26%
(It's important to note that this lower category also contained persons
who would hope they could pay less than this amount)(
.
,$600-999 per month
$1000-1399 per month
43%
22%
Once again, there are three distinct groups with three distinct financial
capabilities.
MAJOR RECOMMENDATIONS:
1.
"Affordable" means different things to different people. For the senior
adults with an average income, in means a monthly housing cost of
$600-1200. When housing options are being considered, the City needs
to keep in mind the income of its senior citizens and plan for housing
which is within the means of its residents.
.
2. Although there is subsidized. housing available in the area, it has a
waiting list. The City needs to consider how to make housing affordable
for its elderly citizens who live on a restricted income. This group
represents about 1/5 to 1/4 of all Shorewood senior citizens. Members of
this group are currently paying less than $500. per month for housing
and many live in older apartment buildings or in subsidized housing.
The City should explore sources of subsidy for these citizens and work
with developers to come up with creative financing options which permit
a portion of all housing which is built to be made available to those
residents which have a low income.
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n:scan.:hQuik .\linnc;1polis. ,\linncsora
The City of Shorewood
Senior Housing Market Study
Focus Group Discussions
List of Possible Housing Sites
April, 1991
14. West of Eureka Road and North of Valley Wood Lane.
15. North of Smithtown Road, about 5-6 blocks west of Grant Lorenz.
16. About one block South of Smithtown Road and west of Strawberry Lane.
17. South of Woodside Road and West of Howard's Point Road.
18. North of the City of Victoria boundary line and east of Smithtown Road
where it turns to go south.
19.
Across Smithtown Road (west) of site # 18.
*
Site currently occupied
2
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3.
4....
5....
6.
7.
8.
9.
10.
11.
.m
The City of Shorewood
Senior Housing Market Study
Focus Group Discussions
List of Possible Housing Sites
April, 1991
rescan:hQuik ,\ linm:;1polis. Minnesota
List of Housing Sites
Eastern Shorewood
1.... South of Excelsior Boulevard and North of St Albans Bay Road (about
six blocks east of Gardendale)
~ - South of the Highway 7 service road and North of Third A venue, at the. _.
northern end of Christmas Lake Road.
Central Shorewood
South of the CBNW R.A. Corridor and 1-2 blocks North of County Road
19 bordered by Timber Lane on the East
South of the CBNW R. R. Corridor and North of County Road 19 bordered
in part by Shorewood Lane on the East
North of State Highway 7, about 1 block east of the southern end of
Glencoe.
North of State Highway 7 service road, West of Lake Unden Drive and
South of Maple.
West of County Road 19 across the.street (west) of the Tonka Bay
Shopping Center.
North of Smithtown Road and about two blocks west of Star Lane.
South of Smithtown Road, across the street from site # 8.
North and east of intersection of Yellowstone Trail and Highway 7.
North of Highway 7, East of Eureka Road and West of Seamans Drive.
Western Shorewood
12. North of Highway 7, about 2 blocks west of Eureka Road.
13. ;p North of Highway 7, about 1-2 blocks west of site # 12.
*
Site currently occupied
1
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1&ttl~rrl\llr ~rrrt ~t'i1lrlmtnd
339 THIRD STREET
EXCELSIOR, MINNESOTA 55331
(612) 474-5364
TO:
Brad Nielsen, City Planner
FROM:
Cary Smith, Fire Marshal (U
RE:
Proposed Senior Housing
As we have previously discussed, the fire apparatus access roads within the
project meet the minimum width of 20 feet. However, this means there shall be no
parking on any of these access ways ie, "no parking fire lane" signs posted.
From the information you have given me, the City water supply to this area
does not meet the required fire flow. An option that may be approved is the
installation of automatic sprinkler systems throughout the buildings.
Fire hydrants shall also be provided in approved locations.
If you have any questions, please feel free to call me.
SERVING THE SOUTH LAKE .AREA SiNe=: ; 889
CEE?HA'iE:"-J t EXCELSiOR " GREE~jWOOC " SHOR€\YCCC ) -~"'.'I..'.::.,,\
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MAYOR
Tom Dablberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128 . www.state.net/shorewood . cityhall@shorewood.state.net
MEMORANDUM
.
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
29 August 1997
RE:
Eaglecrest Senior Housing Proposal
FILE NO.:
405 (97.20)
The public hearing for the above-referenced project has been tabled to 2 September 1997.
Since the August Planning Commission meeting the following has occurred:
.
. The Planning and Park Commissions have visited the site
. The Park Commission has made recommendations relative to park related issues
identified in the 31 July staff report (see their minutes, dated 12 August - Exhibit A,
attached)
. A number of Planning Commission members have visited the applicant's model home
in Brooklyn Park
. A special informational meeting for area senior citizens was held (see Comment sheets
- Exhibit B, attached)
One of the issues raised regarding assurance that the development will remain senior
housing will be addressed by the City Attorney's office under separate cover.
The Mayor has requested clarification on the application process - Conditional Use
Permit vs. Planned Unit Development. Senior housing is provided for in the Shorewood
Zoning Code by conditional use in all of the various residential zoning districts.
A Residential Community on Lake Minnetonka's South Shore
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Memorandum Re: Eaglecrest Senior Housing Proposal
29 August 1997
Conditions for this type of C.D.P. are found in Section 1201.03 Subd. 20. This section of
the Code sets forth conditions relative to age restrictions, off-street parking, signage,
building code compliance, density (varies by zoning district), minimum site size, building
height, etc. Just one of the conditions of the C.D.P. is that elderly housing projects be
processed as a planned unit development (P.D.D.). The P.D.D. provisions are
specifically designed to address such things as common area maintenance, membership
rules for homeowner's associations, regulations for attached housing, and protective
covenants and deed restrictions.
The P.D.D. procedures include a three-step review process: 1) Concept Stage; 2)
Development Stage; and 3) Final Plan Stage. What is currently under review are the
Concept Stage plans. The 31 July staff report identifies the elements of Concept Stage
review. If Concept approval is granted, more detailed plans are submitted in the
Development Stage. These plans are intended to resolve issues raised in the Concept
review, such as platting, tree and wetland protection, landscaping etc. Final plans
formalize the approvals for recording and include the preparation of a development
agreement and protective covenants for the project. Not until the fmal plan is approved
is the Conditional D se Permit issued.
As a final note, you will recall that the initial engineering report suggested that the existing
water service to the site could not provide adequate fire flow to the project. It has since
been discovered that a valve which affects this area was partially closed. The applicant
has been advised to perform a new flow test to determine actual fire flow available to the
site. You will be notified of the results as soon as they are available.
cc:
Jim Hurm
John Dean
Larry Brown
Bill Gleason
Kevin Von Riedel
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CITY OF SHORE'WOOD
PARK COMiltIISSION MEETING
TUESDAY, AUGUST 12, 1997
COUNCIL CHA1VIBERS
:;) /:J::J COUNTRY CLlrB ROAD
7:30 P.iYI.
MINUTES
1. CALL TO ORDER
D'RAfr
Chair C010poulos called the meeting to order at 7:30 p.m.
2. ROLL CALL
Present: Chair Colopoulos; Commissioners Puzak, Dallman, Arnst, Packard, and Wilson;
Council Liaison McCarty; Engineer Larry Brown, Planning Director Brad Nielsen,
Park Planner Mark Koegler and Administrator Jim Hurm..
Absent: Commissioner Bensman
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REVIKW AGENDA
The consensus or the Commission was to reorganize the agenda to ensure consideration and
discussion relative to the Shorewood Senior Housing Project as well as the 1998 Park Budget.
4. APPROVAL OF lVIINUTES
JUNE 24. 1997
\-Vilson moved, Arnst seconded, to approve the minutes as amended on Page 1,
Item 6A, Sentence 5, change to reflect, "Commissioner Puzak recommended that
the City replace the signage with a city sign, utilizing its own wording . ."
Motion passed 6/0.
JULY 9. 1997
Arnst moved, Packard seconded, to approve the minutes as submitted. Motion
passed 6/0.
5. MA TTERS FROlV! THE FLOOR - None
6. DISCUSSION OF SHORKWOOD SENIOR HOUSING DEVELOP:VIENT
(EAGLE CREST) PROPOSAL
CitY Planner Nielsen noted in walking the site there are a number of individual trees which mav
lend themselves to relocation. Commissioner Dallman noted there had been discussions relative to
moving units 45 through 48 in an effort to avoid a cluster or willow trees. He asked if shifting or
eliminating the buildings would be necessary to save a cluster of willows. Nielsen stated the
developer~is giving consideration to shifting some or the buildings. He seated the :lge and the value
or the trees will be taken into consideration.
COITIIrussion Dallman stated he \vould SUPPOl1 the land swap which is proposed by the developer.
He would not want to see a unit in the developmem lost in an effol1 to save one or the \villows
sii1ce the loss of one buildlnsr would also resu'tt in a reduction of t.:lX revenue. Corrl.rnissioce~
Dallman felt there may be sp:lce sufficient for an additiorl:.ll ballpark on [he bed LC be s'.vappeJ.
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PARK COMMISSION MINUTES
AUGUST 11~ 1997 . PAGE 2
Commissioner .'\mst: inquired relative co [he parking spaces which will be lost: and whe[her there is
room to mitigace for them on chis particular piece or property which will be gained through the land
swap. Nielsen stated oarking: arr:lI1g;ements have not been laid our. There have been some
discussions relative co ~xpancting; che southerly oarking; loc which would result in the addition of
approximately 151:020 sPaces. - . .. -
Commissioner Arnst srated her concern is not ror c...i.e loss of crees. bur rather mitig:ation of che
parking and if ic cannot be accommodated in the upper area, could it be accommodated- in che space
of unitS 18, 19, and 20. Nielsen was unsure now many cars could be accommodated in the space
or unies 17, 18 and 19. Hurm commenced the area north or where the street will come in where the
current parking lot is located for Field No.1 is estimated co be approximately 100 feet. This would
be sufficienc area for three rows of parking.
Commissioner .Arnst asked if units 18. 19 and 20 were moved. could the berm be broug;hr around
co the back of units 16 and 17. Nielsen stated ir would be desirable to screen the parking from
those units. Commissioner Puzak srated ir would fur..her encroach into the parking loc. bur it
would be the appropriare thing to do.
Relative to crails, Commissioner Packard feLt the road comes very close to werland and questioned
whether there is sufficient room eo our a crail in that area. NieLsen explained if che conceDt olan is
approved. the deveLopment stage plans would include a werland delbJeation. Tnere is a 35-foot
buffer requiremenc from the wedand. The wedand ordinance does allow some encroachment into
the buffer area with. in some cases, roads or driveways. Nielsen stated a crail would be a
reasonable use of the buffer area.
Commissioner Packard asked if ir is anticipared the trail would go around the wedand or just along
the southerly side. Nielsen stated cypically it would be expec~ed the developer would put in che
segment relative to the development itself. If the Clt'j wants to tie onto that trail. that wouLd be at
Cicy expense.
Nielsen pointed our relative to park dedication cbar on this parJcular project it is based on the
development potential under the current zoning. Park dedication for the development is estimated
to be approximately S22,QOO. Hurm commented the Park Commission would need to decide
whether these funds should be rolled into oark improvements which reLate to this Dark.
. - ~
Commissioner Dallman noted there had been a reference to acquiring additional right-of-way on
Eureka Road and asked if thar would lend itself to the developer building a trail along Eureka Road
between the development and the road which would tie into the crail system. Nielsen stated this
has not been discussed. however, it could be incorporared into the plans. He was unaware of any
discussions relative (0 extending a crail along Eureka Road.
Commissioner Puzak felt this would give unies 5,6,7 and 8 access to the crail around their
wetlands. Commissioner Dallman stated he would also like to see a trail along; the west side of (he
wedand. NieLsen pointed our it may be preferable to have the crail closer co the fences and fmher
away from vehicular traffic. It was the consensus of che Commission char the initial swap was
good.
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PARK COMiYIISSION LYII~UTES
AUGUST 12, 1997 - PAGE 3
Commission Wilson felt it would be wisest to place the parking at the south end. He noted ll1at
was not why ocher parties were interested in that swap. It was initially discussed it would be
favorable to gain land on iliat end to reconfigure bail fields and possibly add a ball field.
Commissioner Arnst questioned how another field could be added without additional parking.
Commissioner Wilson felt if the goal of the land swap is to provide additional parking, it would
make more sense to design additional parking to the south end. With the entrance closed, this
would allow for additional parking.
Corr..missioner Dallman felt tennis courtS could be added to this area as well. He felt if it comes to
the poine where one unit has to be removed from the system, it would make more sense to place it .
in chis area chan to lose the ta"{ revenue. However, if a unit will not be lost, chen the south piece
could be retained for a tennis court as well as additional parking. Nielsen stated the developer is
going to look at doing some shifting. He is aware of the suggestion that one particular unit be
moved down farther.
Commissioner Wilson felt tree preservation may have gone to extremes and stated it needs to be
sensible. He pointed out many of the trees should be saved, however, the brush could be
. removed. Council Liaison McCarey pointed out tree preservation is a policy and not an ordinance.
Chair Colopoulos presumes the Cicy has been more involved in the design of this project and
shepherding this project through the consideration of various sites that it would have been in the
instance of a private property owner selling to a developer for general development. Nielsen stated
this is true. He explained the Cicy did a site selection survey relative to senior housing. Out of 35
sites, this particular location was at least in the top three, if not the most favorable site. Several of
the reasons for the high ranking is the fact that it is available, undeveloped, and the proximity to
single family residential. Water was also a consideration.
.
Chair Colopoulos stated senior housing is considered to be a public project interest from the City's
perspective. Nielsen explained it is an established goal under the Comprehensive Plan. Chair
Colopoulos remarked he is in favor of senior housing. He noted that witl1 this development. the
last adjacent land expansion for Freeman Park is gone and there are no ocher alternatives available.
Council Liaison McCarey stated the policy of the Cicy is to not acquire any additional park land.
Chair Colopoulos inquired as to the market value che developer paid for the property. He wanted it
to be clear that this is an irrevocable step chat is being taken. Regardless of the policy now or in the
future, the land will be gone and the park will not physically be capable of being expanded in this
area.
Chair Colopoulos noted che developer paid 5720.000 for this property which is considerably more
than would be available in the Park bud2:et. It was also noted tl1is is not land which could be held
in abeyance and undeveloped for an extended period of time. In terms of selecting a neighbor for
the park. there are opportunities available given the City's involvement in che planning process
which would not be available under other certain circumstances.
Commissioner Puza.lc scated given the two goals to acquire senior housing or purchasing additional
park land, it has been the express desire of the City Council thar senior housing is needed. He
noted there is an amount of acreage in Freeman Park which is undeveloped and at this point, the
City needs senior housing more th:m it needs additional park land.
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PARK' COMl'iIISSION MINUTES
A UG UST 12, 1997 - PAGE -+
Commissioner Dallman stated if the Osha property couid possibly become park property in me
future, it would noe m:J.ke sense eo give away che south portion of ilie property. Chair Coiopouios
stated thar to be true, however, the Osbas have not been approached nor volunteered to sell the
property.
Engineer Brown commenced thac even if some are:rls gained in a land swap, the are::!. chat has been
m.ken inco consideration on south side of TH 7 was originally a par.king loc. Returning this area co
a parkin!Z lot would not take as !ITe:J.t an effore as whae he would envision in G.1e north end.
Clearing-of crees and soil conditions :J.re iterns which would have co be m..lcen inca consideration.
It was agreed if me Osha property was ever feasible, me second proposed land swap would not be
a good idea. Commissioner puzak asked if mae situation would be in che realm of possibility in the
next ten years. Hurm reminded che policy as se~ out in me Comprehensive Plan is :0 not acquire
additional park land.
It was the consensus of the Park Commission to withdraw the second land swap. Commissioner
A.rnst felt the Council is asking me Commission to make recommendations on land swap one.
Nielsen reviewed the recommendations made. (1) dosing the southeriy access to the par..\:: (2) trci1
system ties into Freeman Park; (3) relative to the acrual land swap ieself, whae dIe developer
suggested would be agreeable and some use could be made of ehe sourherly portion: (4) screening
and landscaping along the back side of the unirs.
Chair Colopoulos felt the recommendation should hinge on things such as berm,. fence, and
covenants mentioning the proximity to the park.
Commissioner Puza...i( felt as the swap is ne!2:ociaeed. it should be ne!Zociaced or encoura2:ed drat as
street traffic is allowed to corne through the park, the City would like the developer lO provide for
the development of a trail on the west side of Eureka from TH 7 to the Freeman Park emrance or at
least tie inEo wedands thar comes into Freeman Park.
Commissioner Puz:J.k surn.rnarized the Commission likes the four recommendations which were
oroposed and would add the crail which would take some of dIe foot traffic off of the road and also
illo\v the senior citizens access to the purL Tills would provide additional walking a.r-ea..
Hurm asked if the Commission would wam to attemot to obtain another SL",< feet alon!Z the park
~oad for a crail. Nielsen did not feel this would be. possible. Commissioner Puz3.k -expressed
concern with street traffic through Freeman Park.. The road is extremely narrow and 'N.m now have
a berm on one side and a fence on the other side as well as children walkinS! out to the oarkin!Z loc.
He noted this speaks to the need for more width, however, there is no place eo obeain iC: -
Nielsen stated he would not be in favor of having a second exit from the park giving che amount or
activity which occurs. Brown stated there may also be additional amountS of emergency vehicles
which service the development. Nielsen staeed for concept stage purposes, the Commission may
want to look at \vhae options are av:rilable to cre:lCe pedestrian access bet\veen the properr:y and the
park.
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PARK COMMISSION MINUTES
AUGUST 1.2, 1997 - PAGE 5
Commissioner Puzak pointed our there is currently a substandard driveway through the park. If a
new public street is allowed to tie into that substandard driveway. he inquired whether there will be
pressure to upgrade the driveway to a road. Nielsen nOted there is not sufficient room to do that
and there is no good purpose to go through there other than park traffic coming and going.
Commissioner Puzak expressed concern relative to the needs of the fire department. Nielsen stated
the fire marshall has already reviewed the plans and he is satistied with the circulation. It has been
recommended that the internal system be widened somewhat.
Dallman moved, Puzak seconded approving the land swap; requesting the
developer to tie into the development contract that a trail be built along the west
side of Eureka Road from the public road to the Freeman Park entrance; that a
trail be built along the south side of wetlands area and be tied into the Freeman
Park system; subject to the recommendations of staff for a berm and fence to be
built along outlot B to establish a buffer between the park and the development;
and that the public road connect to the park and tie into the existing park road.
~'lotion passed 6/0.
7.
DISCUSSION OF PARK AND TRUL PLANNli~G 'WITH jylARK
KOEGLER
Mark Koegler, Hoisington Koegler Group, met with the Commission to discuss park and trail
planning. Chair Colopoulos commented on lvIT. Koegler's memorandum of August 6, 1997, and
pointed out that while there is strong support for a trail system, there is also strong opposition to
the trail system.
lv'Ir. Koegler noted he was responding to the numbers of the survey. He stated there are certain
aspects of the trail plan which will need to be updated. He suggested the Commission review the
trail system to assure what is being looked at represents the minimum necessary to effectively link
all areas of the community which the Commission wants to be linked. Mr. Koegler stated at this
point, he would like to build a common level of expectations and put together a scope of services.
Chair Colopoulos felt the best place to start may be to identify the segments of the trail plan relative
to their value to the community and from where their base of support is derived. He noted there
are some elements which are recreation and others which relate to access and safety. Chair
Colopoulos explained a trail system is a conglomeration of many different segments fo; different
purposes.
Chair Colopoulos noted many residents are opposed to the trail system because they see it as a plan
to place sidewalks throughout the city. Nlr. Koegler stated this is a misconception which needs to
be addressed.
Commissioner Puzak felt the Commission needs to further focus the vision in the mission
statement which was written approximately a year ago. He stated he would like to take the
discussion of a designated trail system and add some structure to it. Commissioner Puzak
suggested on those roads design~ted feeder roads, the Commission propose a 6-foot wide
bituminous trail. Those trails interconnecting smaIL communities, going through parks, to
wetlands or into scenic areas would be chip bark. The major thoroughfares within the city, such as
Smithtown. might be off street, protected by curb. gutter and buffer.
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Name: A~ ~.~ e 0crd'u~
Address: 7~// 77~ S/: O~ /' ~/t/ ~S-3/o
Phone (optional) : 6/2 - ?/77/- 067Q
Comments:
J -1/11 /h0 iJ2~L h a~ -0<~r
.~f1A.#~ ~~ r~-Y ~ . J~.
. -. --0 " ~r r~X>#~o/d~} ~
~ ~ g~ ~~:<-<- _~ pu~!~ 11fu~~
w--- ~ (~~ ) , U rl- Je.aJ~ Auv~ v'-~
J1Jhe- /tc ~~ a~, . - Ci~ T~
h-~~~-
~.~1A~~ *A'.cw,A;,
~~.
.
Shorewood's Planning Commission appreciates your ideas... Thank You !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Name: /.e
Address: de' ',; '27r!(.G'r . &C-e,'i,'f fY},'nn..l)~?)33/
I ~
Phone (optional): t/7~~ 76 ~
Comments: I~..o.. Lt/. Jk., /k/1/l/1.rf; /
~./ . i'l),;::d",r;4/ OPdJor;!;;/1/!,y :
~.J VCI.! a (,IV VI' / L f (/
. 3 t1f;!jil~ +ett-kru - ,
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<::-- tU . . .<'J-:.p /1, Y
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, ~ t' ! ~v7I -'1LS/'Jd r jeLl /, ~
0., .:Ln _7 I":' /
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Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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Shorewood Senior Housing Proposal
Informationall\tIeeting - August 26, 1997
Name: #08 CA c. /'/~
Address: 1- 7'? 'SZ A M L~L!' iJU
Phone (optional) :
Comments:
I L ) )CfL- rJ/f / (pf ~
. /7 ?-o /~
f Lij:H,( L ;{-: T
.
Shorewood's Planning Commission appreciates your ideas... Thank You !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Name:~~~_ ~. ,h~~~ ~ _ W~
Address: ,~'1 /-1 ~_<<.A-';;; 4P
,
Phone (optional): 9'7~ - 93f,-f-
Comments: 10.,12- ~::lP'(Y- ~ ~ .~.
~~~J~i---~F~
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Shorewood's Planning Commission appreciates your ideas... Thank You !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Name: ~~ ~
Address: · J tl ~ ~. ~:cJJ M,.,.
Phone (optional) : f7~- <:7:3 /.3
Comments:
~~~!
.
Shorewood's Planning Commission appreciates your ideas ... Thank You I!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Name.. /~ ( )~)..
~: '..'/'::/(,-?
f
Address.. (/ / .4,' !
l r,"" ,,,,:,, ,- ...~.<t~,/
Phone (optional) : L/ 7:." -. -:.,r -:-:' ~/
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,,.P"',( ~"_A--,..,,,<..r
Comments:
-"! J- ..
.f. / I ,l-
i,' f"" .I ~J"-'_,""""~
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Shorewood's Planning Commission appreciates your ideas... Thank You !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
N ame:,J/~,~&; T1~'j.42 ,:::.
Address:
Phone (optional) :
Comments. 19M ~h- ~~- ~~( ;!~.d~~_? ~~~ :~') ~
· In" 1/ ''''/ --'c t.t.J c, I'.~'-v-~
. iJ ^ . I -rt- (. -t? h ~--..~ <?l~lC,-.;..r",V'
~, A .. ~)\. ...4Ar"t.':t<Q) l' C~tA, /It..<<-<-..d<'......... . /!.~J, -./~' 'r) ()
~ . . , '
- "-4-, L" [. ',' ,e:tLLJ-O,
cd n ," /~l r" : ".J .~ ClU",-" /,ov--J ./ ..v-<--J -~. , -
." -\ c\ tt~ I ",I . . --P
(,t (~ (I .' L, - '..(Ct... LI /~:r:f:: V. '-'3L"-L-......
C C/-. -v-. ;J ," ;'-2/, 'I <-tAr eUV . 7 ,J i/ '
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Shorewood's Planning Commission appreciates your ideas... Thank You !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Name: J:r~ + J12~ ~~
Address:3f/( ~~ ~~t MN ~~""'::J~11
Phone (optional) : t:/.,..-Jt71./ -'f?<j-s"1
Comments:
~~~&Lr~-
~r~~~~~-- ~~~
W~~~~ii~+d4 ~&~ r~
Shorewood's Planning Commission appreciates your ideas ... Thank Yon !!!
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Shorewood Senior Housing Proposal
Informationall\tfeeting - August 26, 1997
Name: RJ fh 11- h/ (! ,t) rl fL
Address:;3 i./'}, c SlLc1i/'e D ('; / e - /~t-C' ~I s /or
Phone(optionaQ: v,~- ~Y76-
Comments: '--1../ ,,' "<,1'?/ ,'~ '" ..../' _)/1'0 /dC7 D- ,/,J<.---t/-/t... ~7 ""td,<--If-7 fA -
"J~/1.. .,C -~ "'-i/ ;7""--"-- '-=' , '/
'f ) /.7 p -/ Lf - {....(;V' ~u,.A.4- /&-i~~'('C(./; #-- (-/"i-E--:----
~t.l-AvLe /rv~ #-,;:f / .R e /- _ ;ti.-i-- ......CA:.-Q...' t ~/.1V: .-
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.~'~ -i cu~-. . W A/>J-- ~.<., {."l.d''--~' /J J~ _/ p-
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, U /l-Lf;)./ e r~ d! .~:i --"d ~4\'--~/L J> /L L ~--ccJ., .
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Shorewood's Planning Commission appreciates your ideas... Thank You !!!
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Shorewood Senior Housing Proposal
Informational ~/'1eeting - August 26, 1997
Name: ~ ~1/\ bLti V c,{;d&\ \' :
Address: rC S LL ,~ Jr)' ~
Phone (optional) :
Comments:
'2s- ~ uAc4 d- [)11
~----
Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Name: 9~"-L--- ~(,.-- . ,
AddresS:: 777 ~::;:Z~-=-~~ 8~)cL' U~
Phone (optional): 47 {) -c .?/ /;?- 7 . /'
/
Comments: .
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~- ~~i~r~ ~L
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Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Name:
Address:
Phone (optional): 1/-7'1- i?.:5" cJ
Comments:
V/.v Aa~f-L ~~ Yku~ r '17;1~.
J-A0-0-&A;1lk?~~~~'
Z{j~~d'<r~~.~ w~ "
~~J~~~I1~ ~
~~ -4~~~ Zfl~~~
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Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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Shorewood Senior Housing Proposal
Informational lVIeeting - August 26, 1997
Name: B,- i:)': C
Address: Lf 7~'\- ''';-
Phone (optional) :
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J--,-~(.i ,.1-1 L I~( c.J;[C ,;.,' ~;" ~'-
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,-,
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;,:_1
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,lit" ';"..;,::"" -- ;/ 7 ~_2. ;j#(
Comments:
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>(~~~'--':'':'~:'/'~~(i''--;':~, .t."..
',J:'-c '""/'tr /(.<' ," "",_ .'
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Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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Shorewood Senior Housing Proposal
InformationallVIeeting - August 26, 1997
Name: ~-e> 5~~tc
Address: 5"d-O S" G'r-eef\wu~./ C,. -:#-(
Phone (optional) : 4- 7 if - 13 "3 I
E.xc-~/$;C1r ~53 J I
Comments:
~ ~~. ~
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t;..~ ~,
,j)()k 6~
O~.. ~~
fir 3// 1'197. ~J ~ ~
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Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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Shorewood Senior Housing Proposal
Informational J\'leeting - August 26, 1997
\ .
Name: (- \ <:':) ~\\-\,--\ ~ ~\ fY1 :2~ "S
Address: If- 'S Co C A ~ "'C)''', T(e. ~ UE
Phone (optional) : '--\~ '-\- :- lC) "1 0 (
.~. .:\
<.----!\O IZ '2 ~6 0 D '
1~:C2:. L s ~ ~ ue:rt\ ~
~ S-.53 j
Comments:
\
o<A-g-Ab>-li N'Z::z.DZD
.
~. ' ~ w. 0 '-"- S. '\--"- >-----
('tN'. C" U
Q &2. f.- €\ --
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C~\~'-€.
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Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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Shorewood Senior Housing Proposal
Informational ~leeting - August 26, 1997
Name: 7/ /11 ;!: i-~+1/'v~lO
Address: ,--~t: LS ,-(7712*,,1 ? G t
Phone (optional): ~7 0 --- -" qcj b
Comments: 7. /!, ~ d b4!>i J! /
;/ " L .y ~ .vA.. t:. tZ1".." L-- {flJ.4-.-
(](J!1~1'd .~~ ~~~ . 1.P-u 74-
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N'- ffu: ~ tN 4/ .. ~ g _
t/; I" . ~//~ ~fJ&~
J. ~'_ ~.-:? /JeeLJ 7
.. J- -0J /<-Jr ~;u~ ~J d~
Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
/I'
Name- --h-.. -.-" /~
_ <<./ L-,_/'-.C
,,~.~
/r' (<
. \8 ;;;j /).-.7 c:~- .j
Address: ~ ('
Phone (optional) :
~._, ,'" -'~-- ---"
-' ~ ---J"
//
/ ~. < -_:':':o<ff:-L-~~ )(~- c.:.c/c<=' {~
Comments:
....-'~;.7-"""~--
/&'~>L.L' J<-_~/
!
-;:--
~ .L/;:"/
~-
~i2__..,J--
C' . L--7-> "'7-
Shorewood's Planning Commission appreciates your ideas... Thank Yon !!!
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Shorewood Senior Housing Proposal
Informational Meeting - August 26, 1997
Comments:
~,I},)
7/j).h/v ~/
a~~
~
~~~='-_/
",
Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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I ~&~Jb~-S\)~ffl'\~ ~..Q~ l>--
r: ~~ C1-"VA-~, \X' ,5. ""~ ~ u.~ ~6~t
~~ ~. \ ~~ SLocP~ ~av\.~J6L
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lWvZ=.s UJ...., ~~~u.1"'&o .
~~~
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Shorewood Senior Housing Proposal
Informationall\'Ieeting - August 26, 1997
Name: ~{ ~ ~~}s-r /50hl1 ~AJsf
Address: 51-<g01~ r/ur~~ I ~{)LtVj e-rrcP
Phone (optional) :
Comments:
~ fU~ cI at} /J (J7 d 0' h u s fr-jJ -(;I 6v(IyiJ
· C/20----cA SfdL-cj -zf C'7 '11/ /-s 9J/fl,J/7 0 -h pt/ r:y
'f'~ ~~ / d1u/; I >-lUJ(/:;--
.
Shorewood's Planning Commission appreciates your ideas ... Thank You !!!
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.. ("j
,};J adf-:l~/lC;0~
.--~......_..<'....,
~--------,--~- ~-
7)vt~ j,{/ Jtd d ib /j.@tf 111 a r ---iU:
tKidL~ r~ 0~ 7-k~ aAYt[. S 1u?~
0~ Uho J1 ~4-0t1 a1?a ~J (~ ~ '
'1tMJU _ Lt,t ~! ~v-l,[1 Iu f)1 JVIMj
!HJ1LU~o ..' ~ ~.f-?d 01 j , U4t -
;f;adt/~ - ' . ..
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ydV- 90-:3/
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DEAR MAYOR, CITY COUNCIL MEMBERS
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing.
As we get older we are finding it is becoming very difficult to maintain our present home
exteriors, to take care of the lawns and to shovel the snow.
The Housing proposed by Eagle Crest N. W., Inc., now being presented to your for
approval would fulfill, our needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our Community" with our friends, shopping, doctors,
dining out spots and churches.
. .
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We need your help..........Please vote "YES" for this Housing!
Seme of us lUl"e already intiic~ted> as ihgWD be19'H, vdlkh IQCation WI" wOIJld like tQ
pm=ehas~ for our fie-No. home if tlli.:s PlOpo:scd 11uu~;.uo i~ apprs'led by yffi:t. .
We thank you for your kind consideration!
LOTS & BLOCKS FOR THE PROPOSED EAGLE CREST N W ,mc HOMES
(Subjea to Approval, Final Platting. Pricing & Availability)
\
~l+""Co 707
/~-0'1b3
lj~r-f)/3
,
.f'"
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DEAR MA YOR, CITY COUNCIL MEMBERS
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
~7 ~- 3 5"7,
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing.
As we get older we are finding it is becoming very difficult to maintain our present home
exteriors, to take care of the lawns and to shovel the snow.
The Housing proposed by Eagle Crest N. W., Inc., now being presented to your for
approval would fulfill.our needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our Community" with oUr friends, shopping, doctors,
dining out spots and churches. '
'.
We need your help..........Please vote "YES" for this Housing!
.
Some ef dO) 114vG alreAdy indicated, AS .mO'Wn b",luw, wlhch laeatiEm 'J7e~TQyIG like to-
pttrd~efur uu~ ne. w home if thii Pr-eposea lIotlMitg is approved by ).eu. .
We thank you for your kind <;:onsideration!
LOTS & BLOCKS FOR THE PROPOSED EAGLE CREST N W ,rnc HOMES.
(Subject to Approva~ Final Platting. Pricing & Availability)
.
~1Y--ctGJ
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DEAR MAYOR, CITY COUNCIL MEMBERS
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
~ o-h..M ~~
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing.
As we get older we are finding it is becoming very difficult to maintain our present home
exteriors, to take care of the lawns and to shovel the snow. .
The Housing proposed by Eagle Crest N. W., Inc., now being presented to your for
approval would fulfill our needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our Community" with our friends, shopping, doctors,
dining out spots and church~s.
'.
We need your help..........Please vote "YES" for this Housing!
.
S;n~e <*'1<: h::lVP l'Ilrpl'lriy inr1i('ilt~d, ~g .,hnwn helew, ,vhicb In('::Iti9a "ne; ~voH:ld like to
purcnailil for Ol:1r "PUT hgme if this Pl0puO)~J lIuuO)~g i5 approv\;od by yeu:-- .
We thank you for your kind consideration!
LOTS & BLOCKS FOR THE PROPOSED EAGLE CREST N W ,INC HOMES
(Subjeli to Approval, F'mal Platting. Pricing & Availability)
.
, .
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.
,
DEAR MAYOR, CITY COUNCIL MEMBERS
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing. .
As we get older we are finding it is becoming very difficult to maintain our present home
exteriors, to take care of the lawns and to shovel the snow.
The Housing proposed by Eagle Crest N.W., Inc.,'now being presented to your for
approval would fulfill Qur needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our Community" with our friends, shopping, doctors,
dining out spots and churches.
.
..
We need your help......,...Please vote "YES" for this Housing!
.
$ome-ef \:Ii h3'.'e tdrcady indicated, as ghm'JIi below, ~.vhich lo~atioll we mgukllikeLc.J
pll(Clwe foUlUT new home ifthi!; Proposed ~siBg i3 appl~vcd hy yeti. .
. We thank you for your kind consideration!
LOTS & BLOCKS FOR THE PROPOSED EAGLE CREST N W fINC HOMES
(Subjelito Approval. F'mal Platting. Pricing&: Availability)
.
/
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/ \
/ \
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DEAR MAYOR, CITY COUNCIL MEMBERS
? .
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing.
As we get older we are finding it is becoming very difficult ,to maintain our present home
exteriors, to take care of the lawns and to shovel the snow.
The Housing proposed by Eagle Crest N. W., Inc., riow being presented to your for
approval would fulfill Qur needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our Community" with our mends, shopping, doctors,
dining out spots and churches.
.
'.
We need your help..........Please vote "YES" for this Housing!
.
Snme ofp~ vw:~ ilready iftdieated, ail Sh9'.VB bolo',", wh1l'h Inr.C1tinn UT~ '.':ettld li:kl;; to
ptH"chase for our ae'J: bgme itthis Propggea 1Ietlsms ~ ~ppIUved by YUD. .
We thank you for your kind consideration!
LOTS & BLOCKS'POR nrn PROPOSED EAGLE CREST N W ,me HOMES
(Subjec% to Approval, Final Platting. Pricing &. Availability)
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DEAR MAYOR, CITY COUNCIL MEMBERS
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing.
As we get older we are finding it is becoming very difficult to maintain our present home
exteriors, to take care of the lawns and to shovel the snow.
The Housing proposed by Eagle Crest N.W.,Inc., now being presented to yourfor .
approval would fulfill Qur needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our Community" with our friends, shopping, doctors,
dining out spots and churches. . .
'.
We need your help..........Please vote "YES" for this Housing!
.
Seale efu.5 have. alre.4dy indicMcd, a.5 3he-;m. bcIvw, wl~ch leGatfeB '.ye wowd likw to
'PUIcbast: rUt vul a~'u home if this PropoE@g IIel:l:HnA~.;) a.pprovca by yel:h-
We thank you for your kind considerationf
LOTS & BLOCKS FOR THE PROPOSED EAGLE CREST N W ,INe HOMES
(Subject to Approval, Final Platting. Pricing& Availability)
;f~tl1f{ if ') Cf -6-q trl
. 6r:, '1?ff-76~
Cl~~ 7y~~& 77
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~.....
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DEAR MAYOR, CITY COUNCIL MEMBERS
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing.
As we get older we are finding it is becoming very difficult ~o maintain our present home
exteriors, to take care of the lawns and to shovel the snow.
The Housing proposed by Eagle Crest N. W., Inc., now being presented to your for
approval would fulfill Qur needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our Comm1lnity" with our friends, shopping, doctors,
dining out spots and churches. '
'.
J
We need your help..........Please vote "YES" for this Housing!
.
Some ufus have allcaJy ~udi'atcd, (0) >>huvvn belew,'.'.4licb location we would like to
~t:tff.,kt: rot UU1 lle-:/ home if'this Prepo3ed HeasiRg is approved by ymr.
We thank you for your kind consideration!
LOTS & BLOCKS FOR THE PROPOSED EAGLE CREST N W ,rNC HOMES
(Subjea to Approval, Final Platting. Pricing & Availability)
.
'----
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DEAR MAYOR, CITY COUNCIL MEMBERS
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing.
As we get older we are finding it is becoming very difficult to maintain our present home
exteriors, to take care of the lawns and to shovel the snow.
The Housing proposed by Eagle Crest N. W., Inc., now being presented to your for
approval would fulfill qur needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our Conununity" with our friends, shopping, doctors,
dining out spots and churches.
'.
We need yourhelp..........Please vote "YES" for this Housing!
.
SQHle oft:1s haNe alria~' iflaieatea, as slie'.w eelow, \.Vllldllo\,<a.hOn. we. woulJ Iii\; to
pUfGhMe far BY( ue'}' home .if thi~ Plup03Cd lIou~iug l.sappre'.'l:d by y~
We thank you for your kind considerationl
LOTS & BLOCKS FOR THE PROPOSED EAGLE CREST N W ,INe HOMES
(Subjet1 to Approval, Final Platting. Pricing & Availability)
.
(/71 -rSJL
.---
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DEAR MAYOR, cqy COUNCIL MEMBERS
AND PLANNING COMMISSION MEMBERS
OF THE CITY OF SHOREWOOD:
We, the undersigned Senior Citizens, have a growing need for an alternate type of housing.
As we get older we are finding it is becoming very difficult to maintain our present home
exteriors, to take care of the lawns and to shovel the snow.
The Housing proposed by Eagle Crest N. W., Inc., now being presented to your for
approval would fulfill OJlf needs for an Affordable, Care-free, Stair-free Lifestyle that
would enable us to stay in "Our CornrnlJnity" with our friends, shopping, doctors,
dining out spots and churches.
.
..
We need yo~ help..........Please VQte "YES" for this Housing!
. Somp nfn<: Rw;e alr~~dy 'udicated, ai dla...;a eeI0'.'.', 'HilleR leeaaaB Wi: UTOll1ci lilri: ta- .
PJ.1CGhase for our BeW liaBle if thig..proI'Os~ IIvu.llilg 13 appIO yea BY YOY.
We thank you for your kind consideration!
LOTS & BLOCKS FOR THE PROPOSED EAGLE CREST N W ,INe HOMES
(Subjea toApprovaJ, Final Platting. Pricing & Availability)
.
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Mayor and City Council Members
I am a resident of Shorewood.
_.,~--,...".......,.._---------. <&-~_._--_..,..
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By
Vote yes on Sept 22 on Senior Housing as recommendeQ by the
Shorewood planning commission on Sept 2nd.
I
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Jack & SIdrIey BtnDm
S140 EdIo Roed
E:lb:eIsior. MIL 55331
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Mayor and City Council Members
I am a resident of Shorewood~
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Approve: the plan on Senior Housing as recommended by our Plannibg
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Excelsior, MN 55331-8313
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":1'J
~~_._---_..... --
Please support our Shorewood Planning Commission recommendation
for Senior Housing".
This plan will be either approved or denied on Monday Sept. 22.
We are in favor of the Planning Commission recommendation for
approval.
.
I am a resident of Shorewood.
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By
September 6, 1997
Mayor and City Council Members
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Dear Mayor and City Council Members:
. I have been a resident of this area for forty-two years. My five children
attended schools (K-12) here and most of them still work in the area. My
entire family has enjoyed living in this progressive community because of
the sound judgements and decisions made years ago, by men and women
who now are our senior citizens.
I am most enthusiastic about the Senior Housing Proposal as the
Shorewood Planning Commission unanimously (7-0) approved the "Concept
Stage" Development. Now it is your opportunity as council and Mayor to
demonstrate your appreciation, respect for our senior people by supporting
them with another unanimous vote of approval on Sept. 22.
Your vote will be recognized as proof that you care about our elderly, that
. you are leaders and positive community role models for us all.
Thank you.
~~c:;;:;/~
Verona C. Gordon, PhD.
(612) 474-0679
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Aug 21 97 05:53p
PFEIFFER USA
6123619407
8/21/97
TO: CHRISTINE LIZEE AND PlANNING COMMISSION
FROM: Bll..L HARDENBERGH
DEAR CHRISTINE,
PURSUANT TO YOUR ARTICLE IN THE AUGUST 20 ISSUE OF THE SAll..OR, HERE IS SOME
FEEDBACK ON THE PROPOSED EAGLECREST SENIOR DEVELOPMENT.
MYTH ##1- SENIOR HOUSING IS A POPULAR GOAL OF THE COMMUNITY.
SENIOR HOUSING HAS 3 MAJN ADVOCATES, WIDCH, EVEN TAKEN IN AGGREGATE, DO
NOT REMOTELY CONSTITUTE BROAD BASED SUPPORT. THE MET COUNCIL, A HAND
FULL A OF SENIOR ACTMSTS AND A FEW PEOPLE IN CITY GOVERNMENT KEEP THIS
ALIVE. THE OTHER 8,000 OF US JUST WANT TO BE LEFT ALONE. I DEFY YOU TO FlND
ONE PERSON WHO LIVES WITHIN A Mll...E OF TIllS PROJECT WHO SUPPORTS IT.
MYTH #2- TillS WILL HELP SENIORS FROM "OUR COMMUNITY".
THERE ARE 80 UNITS PROPOSED FOR TIllS DEVELOPMENT. I WOULD GUESS THAT
MAYBE 10 WOULD BE SOLD TO CURRENT SHORE WOOD RESIDENTS. WHAT'S YOUR
GUESS? SO MUCH FOR HELPING OUR NEIGHBORS IN NEED.
MYTH #3- SENIOR HOUSING IS A NOBLE CAUSE WE SHOULD ALL SUPPORT.
SENIOR HOUSING AS PRACTICED IN SHOREWOOD REQUIRES GREAT SACRmCE- NOT
BY THE GOVERNMENT, NOT BY THE MET COUNCIL, NOT BY SENIORACTMSTS, BUT BY
PROPERTY OWNERS. I AM AMAZED AT GOVERNMENT'S WILLINGNESS TO SUBJECT
RESIDENTS TO THE COSTS OF OTHERS' FEEL GOOD PROJECTS. WE HA VB NO
OBUGATION AS A COMMUNITY- LEGAI.LY OR MORALLY- TO SIGN ON TO THIS IDEA.
SENIORS SHOULD LIVE IN THE MOST DESIRABLE CONDITIONS THEIR RESOURCES
ALLOW- PERIOD.
MYTH #4 - SENIOR HOUSING IS THE QUEST OF GOOD HEARTED PEOPLE TRYING TO
DO WHAT'S RIGHT FOR SENIOR CITIZENS.
MORE ACCURATELY, TInS IS ABOUT A LOCAL GOVERNMENT (SHOREWooD) BEING
COERCED BY AN UNELECfED GROUP OF SOCIAL ENGINEERS (MET COUNCIL) WHO IS
USING MEANINGLESS POILS AND SENIOR ACTMSTS FOR COVER. WE BOTH KNOW TIllS
IS ABOUT TRADING SHOREWOOD PROPERTY RIGHTS FOR MET COUNCIL FAVORS (OR
MAYBE JUST TO GET THEM OFF YOUR BACK). DON'T FORGET TO THROW IN REDUCED
SEWER AND TRANSPORTATION ALLOCATIONS. I WOULD FEEL A LOT BETTER ABOUT
THE PEOPLE I ELECTED IF THEY TOLD THE PEOPLE I DIDN'T ELECT TO GO TO HELL.
p. 1
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Au~ 21 97 05:53p
6123619407
PFEIFFER USA
CHRISTINE, I MOVED HERE 6 YEARS AGO. I DID IT WITHOUT ZONING EXEMPTIONS, TAX
BREAKS, GOVERNMENT ADVOCACY OR CITIZEN ACfMSTS. I THINK THOSE THAT
SUPPORT THIS PROJECT ARE HELPING LOCAL SENIORS VERY LITTLE WHILE HURTING
RESIDENTS A GREAT DEAL. I'M SURE TIIE URGE TO "BE COMPASSION AlE" IS VERY
STRONG FOR SOMEONE IN GOVERNMENT. BUT TIllS IS NOT COMPASSION. COMPASSION
MUST FLOW FROM ONE'S OWN RESOURCES. IT IS NOT COMPASSION WHEN ONE GROUP
IS ARBITRARILY FAVORED AT THE EXPENSE OF ANOTHER SO THIRD PARTIES FEEL
BETTER ABOUT TIIEMSEL YES. I HOPE TIllS THING GOES AWAY FOR GOOD SOON.
REGARDS,
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F~LE
Subject: Senior Housing
Date: Sun, 3 Aug 97 18:04:29 UT
From: "Martin Wellens" <Wellens_Martin@msn.com>
To: "City Hall, Shorewood" <cityhal1@dorthy.state.net>
Dear Sir or Madam:
I have heard that the "Senior" housing project can not be permanently
restricted to seniors.
Assuming that we still respect private property, the city could not prevent
the subsequent sale of these homes to non-seniors.
If this is true, it is deceptive to call the project "Senior Housing,. as you
did in the August "Citizen Informer."
A more accurate reference would be "Government Subsidized, Low Income, Housing
Project."
The heading on the "Citizen Informer" says democracy "is enhanced by an
.formed populace."
request the City of Shorewood begin following through on its slogan.
Thank you.
Martin R. Wellens
.
COpy
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July 29, 1997
-_.~-_.__._........_..........._~._.~-""-..- -'..~P"
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~~ JUL.) 11997 ~
By
Brad Nielsen
Planning Director
City of Shorewood
5755 CountIy Club road
Shorewood, Mn 55331
RE: Conditional Use Pennit for Concept Stage Plan of the
Shorewood Senior Housing P.U.D.
Dear Brad,
We will be unable to attend the Aug. 5th Public Hearing regarding the above Senior Housing P.U.D.
However, we would like to comment on the proposal.
The property in question at 25600 St Hwy 7 and 6140 Eureka Rd is still zoned Rl. We object to any
change in the zoning. This area should continue to mSlintSlin it's residential status. The 80 planned units
would create a very high density of housing on the property. The increase in traffic on Hwy 7 and Eureka
Rd. will be a danger to residents.
We have already objected twice to previous attempts at rezoning and we are quite concerned about property
values due to continual attempts to rezone away from Rl.
We feel that the pmpose of a zoning ordinance established by a city and it's current residents should not be
under attack by any single resident or developer for the sole purpose of their own economic gain. We feel
that a change to a more dense zoning would have a negative impact on our property values.
1
Sin~erely, ; ~' /
;)v1Mi. CY#-- ),---fA_
Dennis & Katie Snyder /
5985 Eureka Rd.
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CITY OF SHOREWOOD
RESOLUTION NO. 97-
A RESOLUTION ACCEPTING A PETITION AND LEVYING FOR WATERMAIN SPECIAL
ASSESSMENTS
WHEREAS, the City has received a petition from the developer requesting that watermain special
assessments for Marsh Pointe Subdivision be levied against such parcels; and,
WHEREAS, the petitioners have within their petitions waived their rights to a public hearing and their
rights of appeal of such levies; and,
WHEREAS, the City Council has reviewed such petitions at a regular meeting.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shorewood,
Minnesota:
1. That such petitions, attached hereto and made a part hereof, are hereby accepted and that
watermain special assessments are hereby levied.
.
That the assessment roll, attached hereto and made a part hereof, be known as Levy No.
, Marsh Pointe Water Special Assessments, and payment of such levies shall be
amortized over a period of fifteen (15) years, the first of the installments to be payable on or
before the first Monday in January, 1998, and shall bear interest at seven percent (7.00 %) per
annum from the date of the adoption of this resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until December 31, 1998. To
each subsequent installment when dueall be added interest for one year on all unpaid installments.
3 . The owner of any property so assessed may, at any time prior to certification of the assessment to
the county auditor, pay the whole of the assessment on such property, with interest accrued to the
date of payment, to the city treasurer, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution; and he/she may at any time
thereafter, pay to the city treasurer the entire amount of the assessmment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is made. Such payment must
be made before November 15 or interst will be charted through December 31 of the next
succeeding year.
2.
4.
The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to
be extended on the property tax lists of the county. Such assessments shall be collected and paid
over in the same manner as other municipal taxes.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22nd day of September,
1997.
TOM DAHLBERG, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
*7
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Attachment to Resolution No. 97-
Adopted September 22, 1997
Marsh Pointe Subdivision
Assessment Roll
Page 1 of 1
Parcel PID Addn Last Name Owner House # Street City St Zip Land Shorewood Principal Principal
# Code or Company Name Use Address & Interest
I 32-117-23-23-0002 06184 Marsh Pointe LLC 935 E. Wavzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
2 32-117-23-23-0003 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
3 32-117-23-23-0005 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
4 32-117-23-23-0006 06184 Marsh Pointe LLC 935 E. Wavzata Blvd. Wayzata MN 55391 SF Unassilmed $5,000.00 $8,382.15
5 32-117-23-23-0007 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
6 32-117-23-23-0008 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
7 32-117 -23-23-0009 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
8 32-117-23-23-0010 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
9 32-117-23-23-0011 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
10 32-117-23-23-0012 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
II 32-117-23-23-0014 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
12 32-117-23-23-0015 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
13 32-117-23-24-0014 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
14 32-117-23-24-0015 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
15 32-117-23-24-0016 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
16 32-117-23-24-0017 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
17 32-117-23-24-0018 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
18 32-117-23-24-0019 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
19 32-117-23-24-0020 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
20 32-117-23-24-0021 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
21 32-117-23-24-0022 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382. ] 5
22 32-117-23-24-0023 06184 Marsh Pointe LLC 935 E. WayzaLa Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
23 32-117-23-24-0024 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.] 5
24 32-117-23-24-0025 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.15
25 32-117-23-24-0026 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.] 5
26 32-117-23-24-0027 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.] 5
27 32-117.23-24-0028 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382.] 5
28 32-117-23-24-0029 06184 Marsh Pointe LLC 935 E. Wavzata Blvd. Wavzata MN 55391 SF Unassigned $5,000.00 $8,382.15
29 32-117-23-24-0030 06184 Marsh Pointe LLC 935 E. Wayzata Blvd. Wayzata MN 55391 SF Unassigned $5,000.00 $8,382. ] 5
TOTALS 29 SF $145,000.00 $243,082.35
MALKERSON GILLILAND MARTIN LLP
SUITE 1500 ATa.T TOWER
901 MAROUETTE AVENUE
MINNEAPOI..IS, MINNESOTA 55402-3205
TEI..EPHONE 612-344-1111
FACSIMII..E 612-344-1414
Bruce D. Malkerson
Direct Dial: 612/344-1699
September 16, 1997
.
Mayor and City Council
City of Shorewood
City Hall
5755 Country Club Road
Shorewood, MN 55331-8927
City Clerk
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331-8927
Re: Special Assessments and Connection Charges for Marsh Pointe Plat - Lundgren
Bros. Construction, Inc. - Hearing Scheduled for September 22, 1997
Our File No. 1018-004
Dear Mayor, City Council and City Clerk:
. As you may recall, I represent Lundgren Bros. Construction, Inc. ("Lundgren"), which is
the owner of the lots in the MarshPointe plat. Lundgren has received from the City of
Shorewood ("City") a Notice of Assessment for Watermain Improvements attached hereto as
Exhibit A. This letter constitutes the objection of Lundgren to the proposed special assessments
as to the property listed in Exhibit A, to be discussed at the September 22, 1997 Council meeting.
Please make it a part of the City's record.
As you know, Lundgren has objected orally and in writing to the proposed special
assessments and connection charges the City has attempted in the past to have Lundgren agree to
pay and waive rights to appeal from in the Developer's Agreement. The City did modify the
final Developer's Agreement so that Lundgren need not waive its rights and instead the City
would seek to levy or charge connection charges as allowed by law thereafter, preserving
Lundgren's right to appeal.
11087BDM
City of Shorewood
September 16, 1997
Page 2
In June, 1997, Lundgren obtained a building permit for the model home in the plat on Lot
1, Block 1 and the City required as part thereof that Lundgren pay $5,000 as a water connection
charge. Lundgren had no choice but to pay that amount to keep on schedule, but did so under
protest. See enclosed letter and bill from the City.
As to this proposed assessment, based upon an analysis by Lundgren's appraiser and the
undersigned, Lundgren believes that the City's proposed $10,000 in charges (whether as special
assessments or connection charges) are:
1. Substantially in excess of any special benefit;
2.
Unreasonable and unfair;
3. Excessive in comparison to charges and special assessments for trunk water by
other cities in the area;
4. Discriminate illegally against vacant platted lots in favor of existing homes with
on-site wells;
5. Possibly includes costs not assessable or for which connection charges may not be
charged;
6. Not uniform on the same class of property;
7.
An attempt to recover costs of an overbuilt system;
8.
Subject to such other defects as may appear in the record.
Officials of Lundgren have considered at length whether to contest these proposed
charges. Lundgren is a well respected and experienced developer which quite frankly will agree
often to dedicate land in a plat or pay fees and charges in excess of what a city by law may
require. However, in this case, the proposed specials and charges are far too excessive for
Lundgren to agree to pay unless the Court confirms them as valid, which of course we doubt will
be the case.
Therefore we ask that the City complete its special assessment process as required by law
and adopt special assessments as to this property so that Lundgren can then file an appeal as to
those assessments as provided for in Chapter 429. As to any amounts the City thinks it can
11 087BDM
.
.
.
.
City of Shorewood
September 16, 1997
Page 3
charge per lot as connection fees or other charges for trunk water, we ask that the City provide to
Lundgren a written statement of what they will be per lot so that Lundgren can bring a
declaratory judgment action as to their validity.
Lundgren understands that the City requires a total payment of $1 0,000 per lot. Ifthere is
a possibility of a meaningful reduction in that amount, we should discuss it now. Ifwe can agree
on an amount, then Lundgren would be willing to waive its rights of appeal as to that amount and
Lundgren would agree that the City can levy that amount as a special assessment against each
lot. Such an agreement of course would eliminate staff, attorney and appraisal costs for both
parties and would provide certainty to the City as to the payment of the amounts agreed upon. In
your analysis of this matter, you should be aware of the fact that the City in the past proposed
that the entire $10,000 be adopted as a special assessment against each proposed vacant lot in the
proposed Lundgren plat. Lundgren objected. Thereafter, the City decided to call $5,000 of the
proposed $10,000 special assessment a "connection charge," probably to try to eliminate the
right to appeal. The City did not adopt any special assessment as to Lundgren's property at that
time, but did adopt a special assessment roll as to many other properties. The City has recently
proposed to levy the $5,000 connection charge as a special assessment.
I do not think a reviewing Court will allow the City to characterize $5,000 as a
connection charge in order to allow the City to argue that the special assessment benefit test does
not apply. Moreover, although I have not had a chance to review all of the City files in this
matter, the City may not be able to specially assess the Lundgren property at this time for this
project since the City failed to assess the Lundgren property when it had a chance to assess it and
when Chapter 429 required it.
We ask that the City Council direct staff to meet with Lundgren to see if an agreement
can be reached, subject to City Council approval.
Very truly yours,
~D.
Bruce D. Malkerson
cc: Marc Anderson, Lundgren Bros. Construction, Inc.
Charles Lefevre, City attorney's office
Il087BDM
SEP 10 '97 01:37PM LUNDGREN BOS. CONST.
P.2/3
cyi/I Bet 4
CITY OF
SHOREWOOD
MAYOR
Tom Dahlberg
COUNCIL
Krist! Slover
Jennifer McCarty
Jel'l'y O'Neill
John Garfunkel
5755 COUNTRY CLUB,ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 '
FAX (612),474-0128' www.slate.neUshorewood. cityhal/@shorewood.sra[Q.net
Marsh Point L.L.P.
935 East Wayzata Boulevard
Wayzata, MN 55391
Attention: Mark Anderson
CITY OF SHOREWOOD
NOTICE" OF ASSESSMENT
, '
FOR WATERMAIN I~PROVEMENTS
NOTICE IS HEREBY GIVEN that the City Council of the City of
Shorewood will consider a petit'ion for water special assessments'
submitted by Lundgren Brothers Construction, Inc. for parcels
within the Marsh Pointe subdivision at a regular meeting on
September 22, 1997, in the Council Chambers of the Shorewood City
Hall, 5755 Country Club Road, Shorewood, Minnesota. The area
proposed to be assessed and Lhe amount of the assessment is
described as follows:
P.I.D.
32-117-23-2~-0002
3~-117-23-23-0003
32-117-23-23-0005
32-117-23-23-0006
32-117-23-23-0007
,32-117-23-23-0008
32-117-23-23-0009
32-117-~3-23-~010
32-117-23-23-0011
32-117~23-23-0012
32-117-23-23-0014
32-117-23-23-0015
32-117-23-24-0014
32-117-23-24-0015
32-117-23-24-0016
Amount of
Assessment
$5,,000.00
$5,000.00
$5.000.00
$5,000.00
$5,000.00
$5,000.00
SS,OOO.OO
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.0'0
$5,00'0.00
PID
32-117-23-24-0017
32-117-23-24-0018
32-117-23-24-0019
32-117-23~24-0020
32-117-23-24-00~1
32-117-23-24-0022
32-117-23-24-002~ ~
32-117-23-24-0024 \
32-117-23-24-0025
32-117-23-24-0026
32~117-23-24-0027
32-117-23-24-0028
32-117-23-24-0029
32-117-23-~4-0030
Amount of
Assessment
$5,000.00
, $5,000.00
$5,000.00
" $5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00'
$5,000.00
$5,000.00
$ 5 , 000 '. () 0
$5,000.00
$5,000.00
.I
The assessment is proposed to be payable fifteen (15) years.\The
propos~d assessment roll is on file for public inspeotion at the
Shorewood City Hall. The total amount proposed, to be assessed
against ben~fited properties is $145,090. ,;
A Residential Community on Lake Minnetonka's South Shore
.
'.
.
.
SEF' 10 ' 97 01 : 38PM LUNDGREN BOS. CONST.
P.3/3
No appeal may
unless a sianed.
Administrator/Clerk
:'presidinq officer at
be taken as to .the
written obiection
prior to the hearina
the hearinct.
of an assessment
filed wi th " t.he
presented to", the
amount
is
or
Written or oral objections will be considered at the hearing. The
Council will consider any obj ection to 'the amount' of a proposed
asse'ssment 'at the hearing, or at, an adjourned ,meeting upon such
further notice to the affected property owners as it deems
advisable.
An owner may appear an as.sessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving not~ce of the appeal
upon the Mayor or Administrator I,Clerk of the City I wi~hin 3'Q days
after the adoption of the assessment and filing such notice with
the Hennepin County District Court within 10 days after service
upon the Mayor or kdministratort-Clerk. '
You may at any time prior to certification of the assessment to
the Hennepin County Audit<i>r, pay the entire assessment on such
property, with interes't accrue,d to the date of payment, to the
City of Shorewood. No interest shall be charged if the: entire
assessment is paid within' 30 days from, the adqption of this
assessment. At any time thereafter, you may pay to the City of
Sho:t:'ewood the entire amount 'Of the assessment remaining unpaid,
with int.erest accrued to December 31 of the year in which such
payment is made. Such, sUbsequent payment must be made before
November 15 or interest will be charged through December 31 of the
succeeding year. If you decide not to pay t:;.he assessment before,
30 days from the adoption of the assessment, the rate of interest
that will apply is five and one-half percent' ,( 5.50%) per year.
Partia~ payment of unpaid assessments is ~ot permitted.
The City Council has adopted, pursuant to the authority gr~ted by
Minnesota Statutes, Section 435.193 to 435.195, a r~solution
containing standards and gu'idelines for deferring assessments for
senior citizens for whom it would be a. hardship to make the
phyments on homestead property. The standards and guidelines are
on file 'with the Administrator/Clerk for public inspection.
You 'will receive additional notice on this matter only if your
assessment amount is amended.
Anyone having questions relative to this matter may contact James
C. Hum, City Administrator/Clerk, at 474-,)236.
Dated this 8th Day of S~ptember 1997.
City of Shorewood
JAMES C. HURM
City A&ministrator/Clerk
$EP 08 '97 02:45PM LUNDGREN BOS. CONST.
P.3/3
).,~ "30, ' 1~*1
~
Mr. James C. Hwm
Shorewood City Administrator
5755 Country Club Road
Shorewood1 MN 55331
Re: "Connection Feen for Lot 1, Block 1, Marsh Pointe
Dear Mr. Hurm:
This letter is to express Marsh Pointe LLC's strong objection to Shorewood's apparent
intention to ignore the provision of the Marsh Poihte Development Contract which
states that charges for municipal water are to be assessed. Since Lundgren Bros.
Construction, which is purchasing lots from Marsh Pointe LLC, urgently needs to start
construction of a model home on subject lot, and since the City of Shorewood will not
grant the necess8l}' Building Permit without a cash payment for the water charge,
Marsh Pointe LLC has no choice but to make this payment, the legitimacy of which it
nonetheless intends to challenge.
Very truly yours,
MARSH POINTE. LLC
~~ t: f7---
Michael A. Pflaum
Vice President
.
.
~ SFP 08 '97
02~~~~~_~~ND~~~~_BOS. CO~SJ.2 474
0128
P . 2/~ 1
SITE
Addt'eSS:
~7?O
I Block:
Lot:
P.I.N.:
i~~t~~~:~~;:~~
IRy
CITY OF. -...-.----.. ---
SHOREWOOD
51~ COUN'm'l' cLUa ROAD . &l;ORE'i'IQ)O, MlNNEsar.5~' . (612) .n~
PLANNING AND PROTECTIVE INSPECTIONS
BUILDING PERMIT
APPLICATION
(Please Print or Type)
m~p
I Subdivision:
PC)/~
J11 Afl.-5 if
.
j) /2.tl/€
PO/All
OWNER
.Name: hA/c4H,v
Address: 9.3 ~ & W ~"V'~
(Street) bvar?~ ,
(City)
CONTRACTOR
Name
<:::" ./.],.0,,;7 A .P
e,vsr'
~ t-v~
41\/
(State)
5..5 39/
(Zipcode)
8rrs
Telephone:~z..) 9'73-1 Z '3 /
F-473-1/3(
.d--
.A L _.,~
Stale Lic. No.: / L//3
:- . .
poaHt'" Fax Noto
To b"~ A-
CoJDepI. Lu~O~~ ~S
Phono · 4f;..i ~ ... rZ~
Fad . 41-;...~1?t
~tdpJe-Fami1y
No. of Units:
Addre:
.DWE
Type:
_Telephone:(
)
(ZifCOde)
The undersigned hereby agrees that, in case such pennil is granted, that alt work which shall be done and all mlllCIials which
shall be used shall comply with the plans afld Sp'eQfiGIlions herewith submitted and with all applicable Ordinances.
Signlltl,u.e of applicant:
Dale:
4'/1-f1
PERMIT FEES:
Permit Fee (l04027)
Plan Check Fec (10-4027)
Sub-total:
Stale Surcharge (1Q..4032)
Metro S.A.C. (61-4729)
ScwerPennit (61-4721)
0:> Wllt~ Pcnnil (60-471:))
Estimated Value: ~"5D ~I'>f?;(!) - WeterMelet (60-4705)
, ~, (60-~)
ZONlN~ Ie' ~ · . .:~ ti".l: 4112-
O'strict: - A t'll}.l)' , r'}J Receipt No.:
Confonning 0 NonC:Qnformin Dllte:
APPLICATION FOR:
~ew Consuuc:tion
o Alteration
o Addition
o Demolition
o Finish BasemcnL
~ /- -
-L \/ J
o Garage: Attached_Dera~_
o Porch
o Deck
o Re.-roof
o Other:
~
t:.'j
~
t-3
:2
o
5 ct'JO.~ ~
~ Cf ,'5 7{'. ~
-; IJ /91
.
.
.
.
.
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 97
A RESOLUTION SUPPORTING DENIAL OF REQUEST FOR VARIANCE
TO MINNEHAHA CREEK WATERSHED DISTRICT
WETLAND SET BACK REGULATIONS
(5400 EUREKA ROAD-SHOREWOOD)
WHEREAS, the regulations of the Minnehaha Creek Watershed District
("MCWD") contain provisions requiring the setback of various improvements from
protected wetlands; and
WHEREAS, the owner of property located at 5400 Eureka Road in the City of
Shorewood ("Property") has requested that the MCWD grant a variance to the wetland
setback for a building and a driveway which is proposed to be constructed on the Property;
and
WHEREAS, the Property is, with the exception of a narrow strip along its
southerly boundary, entirely wetland; and
WHEREAS, the City is concerned that the development of this long narrow strip
may pose an unusual risk to the adjacent and abutting wetland, including problems
associated with extensive tree removal required by wetland mitigation, disruption of
established watercourses, disruption and compaction of soils in and adjacent to the wetland;
and
WHEREAS, the City believes that the MCWD's setback regulations should be
strictly applied in instances involving especially fragile land.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City
of Shorewood hereby goes on record in support of action by the Minnehaha Creek
Watershed District denying the requested variance.
ADOPTED, by the City Council of the City of Shorewood this 22nd day of
September, 1997.
Kristi Stover, Mayor Pro Tern
ATTEST:
James C. Hurm, City Administrator/Clerk
#8
.
.
.
.
.
.
.
.
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE RELATING TO SNOWMOBILE SPEED LIMIT
AMENDING SHOREWOOD CITY CODE SECTION 802, SUBD. 5
THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, ORDAINS that the City Code of the City of Shorewood is amended as
follows:
Section 1. Section 802, Subd. 5 is amended as follows:
Subd. 5 - Speed Restrictions: Where no special hazard exists, the following speeds
shall be lawful, and any speeds in excess shall be deemed unlawful.
a. Ten (10) miles per hour on public property within the City;
b. Ten (10) miles per hour when operated on any public waters within
the City closer than one hundred fifty feet (150') to the shoreline;
c. Ten (10) Twenty (20) miles per hour when operated on the LRT
Trail unless the snowmobile is within thirty f~et (30') of a pedestrian
at which time the operator shall be requir~d to slow the snowmobile
to ten (10) miles per hour.
Section 2. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood,
Minnesota this 22nd day of September, 1997.
Tom Dahlberg, Mayor
ATTEST
James C. Hurm, City Administrator/Clerk
ifl::Cf
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE RELATING TO SNOWMOBILE SPEED LIMIT
AMENDING SHOREWOOD CITY CODE SECTION 802, SUBD. 5
THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, ORDAINS that the City Code of the City of Shorewood is amended as
follows:
Section 1. Section 802, Subd. 5 is amended as follows:
Subd. 5 - Speed Restrictions: Where no special hazard exists, the following speeds
shall be lawful, and any speeds in excess shall be deemed unlawful.
a. Ten (10) miles per hour on public property within the City;
b. Ten (10) miles per hour when operated on any public waters within .
the City closer than one hundred fifty feet (150') to the shoreline;
c. Fifteen (15) T'lIenty (20) miles per hour when operated on the LRT
Trail unless the snowmobile is within thirty feet (30') of a pedestrian
at which time the operator shall be required to slow the snowmobile
to ten (10) miles per hour.
Section 2. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood,
Minnesota this 22nd day of September, 1997.
.
Tom Dahlberg, Mayor
ATTEST
James C. Hurm, City Administrator/Clerk
.
.
. 09/17/97 WED 11:51 FAX 612 476 4447
ROBIN&THOMPSON
KENNETH N. POTTS, P.A.
ATIORNCY AT LAW
1000 SUPERlOa BOULEVARD
SUITE 300
WAY'ZATA. MINNESOTA 55391
TELEPHONE (612) 475-070+
TELECOPIER(612)47~7
September 17, 1997
Mr. James Hurm
city Administrator
city of Shorewood
5775 country Club Road
Shorewood, MN 55331
Re: Snowmobile Speed
Dear Jim:
The issue you have asked me to comment on concerns the
Officers' policy of not writing a citation unless the person
speeding on a snowmobile is traveling in excess of 10 miles above
the limit, which is 20 mph.
As you know this is the policy of lllust police departments
for highway speeders. The basis of this policy is that speeding
tickets are certified to the state and appear on the person IS
driving record. Therefore, it is not so much the fine but the
effect it has on a person's insurance rates that makes speeding
tickets very expensive. This is why most police officers and the
courts want to allow this extra cushion. On many occasions I have
had trials where the individual will admit to going 5 over the
limit but not 15 and the judge always finds this person guilty and
no recriminations are cast upon the officer issuing the ticket.
I believe you can distinguish this policy somewhat in
regard to snowmobile speeding. This charge does not get certified
and does not appear on person's driving record. people are less
apt to contest these tickets. Last winter I had only one trial in
regard to a snowmobile speed and that involved a person who had a
different agenda to pursue.
On the other hand if the officer issues a ticket for 22
mph in a 20 that person is likely to go to court to get the fine
reduced or ask the judge not to fine him at all. This person would
plead guilty with an explanation and once the judge heard he was
two miles over the limit, my experience is that the judge would
lower the fine considerably. The judge would not dismiss it.
However, I believe there is a distinction to be made
between highway speeders and those on snowmobiles. This is the
fact that the people speeding on snowmobiles are putting pedestrian
I4J 002
. 09/17/97 WED 11:51 FAX 612 476 4447
ROBIN&THOMPSON
James Hurm
Page :2
september 17, 1997
traffic at risk much more so than highway speeders. I believe I
could point t.his out to the court. The judges should be receptive
to this argument in view of all the carnage caused by snowmobilers
over the previous winter. However, I would feel more comfortable
doing this if the person was travelling at least 5 miles over the
limit. I think the court would be less willing to reduce the fine
in this instance although I can't say for sure that this would not
happen. As you know there are 50 different judges in Hennepin
county and each judge has their own perspective on fining people.
I hope this answers your inquiry, if not please give me
a call.
;::;Ji8/1J
Kenneth N. Potts
IaJ 00:1
.
.
SOUTH LAKE MINNETONKA PUBUC SAFElY DEPARTMENT
810 Excelsior Boulevard
Excelsior, Minnesota 55331
RlCHARD A. YOUNG
Chief of Police
(612) 474-3261
MEMORANDUM
To:
Shorewood City Counciv
Chief Rick Young~ ~
September 18, 1~97~
From:
Date:
Subject:
Snowmobile LRT Speed Limit
.Just a short memorandum to express my agreement with the memorandum
written by Officer Jeff Keller of this department. It is my opinion
that the speed limit for snowmobiles on the LRT should remain at 20 MPH.
.
Serving South Lake Minnetonka Commwliries of Excelsior, Greenwood, Shore'W"ood and Tonka Bay
._J .,
.
.
-.
South Lake Minnetonka Public Safety Department
810 Excelsior Boulevard
Excelsior, MN 55331
Richard A. Young
Chief of Police
(612) 474-3261
Fax (612) 474-4477
MEMORANDUM
To: Chief Young
From: Officer Keller #12
Date: September 14, 1997
. Re: Snowmobiles
Rick, recently you asked me to prepare a memo outlining my thoughts on the
proposed reduction of the snowmobile speed limit. I offer the following as
reasons why I am in favor of leaving it at 20mph.
1. Snowmobiles operate on a centrifugal force clutch. This means that in order
to engage the clutch (which in turn causes the snowmobile to move forward) the
snowmobile operator has to give the machine a certain amount of power. It
would be difficult to maintain an engaged clutch at ten miles per hour.
.
2. last season was a busy one; it was a good year for snowmobiling. With all
the use the lRT saw, not one person was injured and no accidents occurred on
that portion of the trail under our jurisdiction. I believe that we are doing an
effective job of policing the trail. A reduction of the trail speed limit would do
nothing more than penalize the law abiding citizens that regularly use the trail
(mostly families). The law breakers are going to ignore the speed limit no matter
where it is set, therefore, we should focus our energy on getting the bad guys and
leaving the responsible users alone.
3. Several members of the snowmobile task force along with members of city
staff conducted trail walks. Their task was to record all the violations they
observed. Of all the snowmobiles they encountered, they estimated that only
11 % were exceeding the speed limit. This finding supports the conclusion that
people are, for the most part, using the trail responsibly.
4. The city of Shorewood, along with the police department took numerous steps
to educate the public about the city's snowmobile regulations. A change now
would un-do what we have accomplished. We will have to re-educate trail users.
SNOW97 -1.WPS
As it stands now, the snowmobile speed limit is the same in Shorewood,
Excelsior, and Tonka Bay.
5. Finally, there is nothing to indicate that lowering the trail speed limit will reduce
complaints.
The snowmobile task force carefully examined the issue and made several policy
recommendations to the city council in 1996. Much work has been done on this
issue, and in my opinion, the city adopted a fair and enforceable ordinance. I
would urge the current city council members to leave the ordinance unchanged.
.. "
.
.
.
.
.
.
/
State of Minnesota
Board of Government Innovation and Cooperation
.. 612/282-2390. Fax 612/296-3698
Third Floor Centennial Building. 658 Cedar Street. saint Paul, Minnesota 55155.
September 10, 1997
TO:
FROM:
All Elected and Senior Appointed Local Officials
Senators Edward Oliver and Gen Olson
Representatives Ron Abrams, Steve Smith and Barb Sykora
Regional Forum For All Local Officials; Monday, September 29th, City of Shorewood
RE:
As state legislators, we recognize your responsibilities have become increasingly difficult in recent
Mears. While strong public sentiment has precluded state and local officials from approving general tax.
mer eases, the demand for high quality public services continues to grow. In an effort to discuss
opportunities for addressing the fiscal challenges we face, we would like to invite you and your
colleagues to a public forum on Monday evening, September 29th. The public forum will be held
from 7:00 p.m. to 9:00 p.m. in the South Shore Senior Community Center in Shorewood. The
Community Center is located on 5735 Country Club Road in Shorewood. (The Center is located in the
Shorewood City Hall complex.)
The purpose of our regional forum is to unite all elected and senior administrative officials from our
counties, cities and school districts to discuss our common goals. A portion of the public forum will
focus on opportunities for intergovernmental cooperation and collaboration as a means of improving the
efficiency of our public services. We wiII discuss grants that are available through the Board of
Government Innovation and Cooperation to help fund pilot projects that may serve as models for more
efficient and effective public services. This forum will also give local officials an opportunity to let
us know what the state can do to assist you in your effort to improve the quality and efficiency of
e services you deliver.
The public forum will be facilitated by Jim Gelbmann, Executive Director of the Board of Government
Innovation and Cooperation. This state Board was created by the 1993 Legislature to promote
intergovernmental cooperation and innovation in the delivery of public services. Jim will be on hand to
inform local officials about the various programs of the Board - programs that can be used by local
officials to help improve the effectiveness and efficiency of the services they deliver.
The programs of the Board of Government Innovation and Cooperation are designed to empower local
officials to develop more efficient and effective ways to achieve desired public policy outcomes. For
example, the Board has a relatively simple process for waiving state administrative rules and procedural
laws that may impair the ability of local officials to administer their programs in the most effective and
efficient manner possible. Jim will share with us the results of several of the projects the Board has
sponsored in other areas of the state. If you have questions about the forum, please feel free to contact
Jim at (612) 282-2390.
We have enclosed an agenda for your review. Please extend this invitation to all elected and senior
administrative officials from your jurisdiction. We look forward to seeing you on September 29th.
enclosures
, t.~-;
1'H .';-:-J ~
~16B
7:00 P.M.
..7:10 P.M.
7:15 P.M.
7:35 P.M.
8:10 P.M.
8:25 P.M.
8:50 P.M.
State of Minnesota
Board of Govemment Innovation and Cooperation
Third Floor Centennial Building. 658 Cedar Street. saint PaUl, Minnesota 55155 . 612/282-2390. Fax 612/296-3698
LOCAL GOVERNMENT OFFICIALS' REGIONAL FORUM
South Shore Senior Community Center
5735 Country Club Road
Shorewood, Minnesota
Monday, September 29, 1997
7:00 p.m. to 9:00 p.m.
Introduction By Legislators
Overview Of The Evening's Activities - Jim GelbmaDD
The Board of Government Innovation and Cooperation: A Resource For Local Officials
Identification and Discussion Of Several Pilot Projects and Waivers
Description of Current Grant Program - Application Process
Panel Discussion Of Local Officials - One representative of each of the following
levels of government: County, City, and School Districts. (Representatives of
the Metropolitan Council will also be invited to participate in the panel discussion.)
"What is the current status of intergovernmental cooperation and innovation
within the region?" Issues to be addressed by the panel may include:
Are there any intergovernmental forums for discussing expanded opportunities for
intergovernmental cooperation and innovation? Identify specific intergovernmental
initiatives that are currently in progress. What other activities have been tried? Have there
been any notable successes? Have there been any initiatives that did not meet expectations?
How do citizens react to intergovernmental cooperation and other innovative initiatives? Is
there interest in pursuing eonso!idaticns of one or m"/re local governments within the region?
What are some of the barriers to intergovernmental cooperation and innovation? How can
those barriers be eliminated or minimized? Can you identify specific opportunities for future
intergovernmental cooperation and innovation relative to the delivery of local government
services? Are there examples of duplication of effort that results in inefficient or ineffective
local government service delivery?
Break
What role can the State play in assisting local officials?
Participants will be asked to identify and discuss state policies that may impair
the ability of local officials to effectively and efficiently deliver essential public
services.
Where do we go from here? How do we assure that there will be follow up to the day's
discussions.
iJlif> '\;:J~~/~f--'.'}
f
.
CKNO
21502
21503
21504
21505
21506
21507
21508
21509
21510
21511
21512
21513
21514
21515
21516
21517
21518
21519
21520
21521
21522
21523
21524
21525
21526
21527
21528
21529
21530
21531
21532
21533
21534
21535
21536
21537
21538
21539
.
CHECK APPROVAL LISTING FOR SEPTEMBER 22, 1997 COUNCIL MEETING
CHECKS ISSUED SINCE SEPTEMBER 4, 1997
TO WHOM ISSUED PURF03E
JEFFREY E. BUNDA Y PARTIAL TRANSCRIPT -JOHNSON
BROWNING FERRIS IND. SEPT. RECYCLlNG-TB LIQUOR
METRO COUNCIL ENVIRONMENT AUGUST SAC
MINNCOMM PAGING FW PAGER
CITY OF MINNETONKA WATER PURCHASE 6-8/97
US WEST COMMUNICATIONS
LAWRENCE NICCUM REIMB. TRUCK CERT. STICKERS
DAHLHEIMER DISTRIBUTING BEER
DAY DISTRIBUTING BEERlMISC PURCHASES
LEEFBROS. MATS
MARK VII BEERlMISC PURCHASES
MARLIN'S TRUCKING FRBGHf
NORTH STAR ICE MISC PURCHASES
QUALITY WINE & SPIRITS L1QUORtWINE PURCHASES
THORPE DISTRIBUTING BEERlMISC PURCHASES
PERA PERA
ICMA RETIREMENT TRUST 457 DEFERREDCOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -G. SCHMID
MN DEPARTMENT OF REVENUE STATE TAX WITHHELD
ARMOR LOCK & ALARM QTRL Y MONITORING-TB L1Q
KATHLEEN HEBERT SEC 125 REIMB
BRADLEY NIELSEN SEC 125 REIMB
NLC PUBLICATIONS CENTER CELLULAR TOWERS GUIDEBOOK
NORTHERN STATES POWER UTILITIES
JOSEPH PAZANDAK MILEAGE
PEPSI COLA CO POP PURCHASElMISC PURCHASE
BELLBOY CORPORATION L1QUORIMISC PURCHASES
BELLBOY BAR SUPPLY MISaSUPPL Y PURCHASES
MIDWEST COCA-GOLA MISC PURCHASES
EAST SIDE BEVERAGE CO BEERlMISC PURCHASES
GTE DIRECTORIES ADVERTISING
GRIGGS, COOPER & CO L1QUORtWINElMISC PURCHASES
JOHNSON BROS. LIQUOR CO L1QUORtWINE PURCHASES
LAKE REGION VENDING MISC PURCHASES
PAUSTIS WINE COMPANY WINE PURCHASE
PHILLIPS WINE & SPIRITS L1QUORtWINE PURCHASES
QUALITY WINE & SPIRITS L1QUORtWINE PURCHASES
TOTAL CHECKS ISSUED
Page 1
AMOUNT
$1,800.00
33.66
1,881.00
8.47
99.36
341. 1 3
16.00
1,554.90
7,615.15
26.20
9,478.55
255.20
1,162.20
4,730.48
21,686.05
2,449.83
1,533.36
929.00
156.50
1,262.01
145. 1 2
240.00
100.00
8.00
8,003.55
70.53
130.55
5,976.05
424.57
1,322.25
16,671.20
39.00
11,340.31
11,019.04
1,268.30
900.80
8,342.46
389.03
CITY OF SHOREWOOD
CHECK APPROVAL LIST FOR
SEPl 22, 1991 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNl
21540 ADAMS. LUCIA
TEt1POk~ARY HELP
GEr'~ GOI"I'T
____._.___ .--.--____._0-__._.---.--.---.------.- _._________._______________ .-------- --.---------
f},:~, '4 ()()
21541 ADAM'S PEST CONTROL, INC PEST CONTROL
MUH BLDG
21542 AMERICAH PLAHNING ASSOC. MEMBERSHIP DUES-NIELSEN PLANNING
21543 ASPEH EQUIPMEHT COMPANY EQUIP MAINT CITY GAR
21544 BIFFS. INC.
PORTABLE TOILET REHTAL
P(..'iRKS &
21545 BRYAH ROCK PRODUCTS, INC. ROCK-BADGER PARK
21546 CHANHASSEH-CITY OF
MAY-JULY AHIMAL COHTROL PROT IHS
.,47
M4B
DAVIES WATER EQUIPMEHT CO EQUIP MAIHT
1/o)(:HER DE
DEPT OF LABOR & INDUSTRY AIR COMP TANK INSPECTION CITY GAR
60.17
202.00
125..73
61~, . 34
57..60
3,314.20
f57..90
10.00
21549 ERICKSON, ROLF E.A. ASSESSOR FEE
ASSESSOR SUPPLIES
*** TOTAL FOR ERICKSON, ROLF E..A..
PROF SER 4,196.67
PROF SER 168.22
4,364..89
21550 FEED-RITE CONTROLS. IHC. CONTAINER RENTAL
WATER DE
21551 FRIENDS SO. SHORE SR CTR SR HOUSING MEETING
PLANNIHG
21552 HENNEPIN TECH COLLEGE PHOTOSHOP CLASS-BASTYR
GEN GOVT
21553 HOPKIHS PARTS COMPANY
EQUIP t'1AUH
CITY GAR
21554 U~DEH ,. S
.,55 Li;~F<K. I r.J..,
GEN GOI./T
BUSIHESS MACHINES OFFICE SUPPLIES
HOFFMAN, DALY.... LEGAL FEES-HOYT
PF<OF SEF<
21556 LEAGUE OF MN CITIES INS T INS DEDUCTIBLE-BACHE
MUN BLDG
21557 LONG LAKE TRACTOR/EQUIP EQUIP MAINT
CITY G(.~r;~
21558 MTI DISTRIBUTING COMPANY EQUIP MAINT
p(..'ir~K.S 1!{
21559 M C I TELECOMMUHICATIONS AUG. LONG DISTANCE
r1UN BL.DG
21560 MEDTOX LABORATORIES RAHDOM DRUG TEST
21561 MAMA LUNCH MTG-HURM
~llHvi.I N
60.00
80..00
168..10
.18..77
34.71
47.40
.~IOO . 00
71..10
65.0.1
10..06
46.00
.It> ... (J()
21562 METRO COUNCIL ENVIRONMENT OCT. SEWER SERVICE
SEWER DE 43~088MOO
21563 OFFICE DEPOT
OFFICE SUPPLIES
G~ l::: f~.{ (;~ (J....l T
21564 MR.. CHIPS STUMP REMOVAL
STUMP REMOYAL-SILVERWOOD PARKS &
21565 MOUND-CITY OF
4'!'~'l W"!"P FIRE PRC)"'"EC:"j-.ION FIRE PRe)
Page 2
1.S ~;.'; ,~ ;S .#~~~
1 ~:$ .:~'t .. () ()
2, ()1().15
CITY OF SHOREWUOD
CHECK APPROVAL LIST FOR
SEPl 22. 1991 COUNCIL MrG
(::~'iE~(:K# VE~NL)(:)~~ i~A~if~
iJ E: ::) C: F,~ I i~J l I (J f'<~
._-_.__..-.,~- ---..-..--.-..-..-.---.-......-.-..-.---.-.-.....---.-.-.- ._.._--~-------_._._..._-----_.._...__..__.- .-.----.--- -----------
r::\ivj U l..1i".lT
21566 WMN ~il.JEl..i_ER & ~l.JI~~~ INCN BL_ACK'i'()P
21561 MUNI1ECH, INC. OCl WATER MAIN1ENANCE
OCT SEWER MAINTENANCE
... rUTAL FOR MUNlrECH, INC.
',,~':'.1.:::!(~~:5 !~JC) 'j" '," S:, }<.j:::i""!!"'{E~. "f' to.t ro..j
AUGUST PROSECUflONS
DEYT..
STREETS
i,.-U; T EF~ DE
~:~ :::~ il',i E: h: [) E:
t~ :' ~:.'j () () ,. () ()
F}F:(JF ::;1:: h~
CARPE"i" CLEANE~f~ REN"fAL-SR .----.-.----
21509 SHOREWOOD TRUE VALUE
21570 SO LK MTKA PUB SAFETY DEP OCT BUDGET
.JUL y ~300K T (...J.G FEE:
*** TOTAL FOR SO L.K MTKA PUB SAFET
.:;'}1 STr:':\P TF;'IE3Uf...jE
SECF<~ET {IF?Y i~)D
61../1
1.+ ~ ..:1-fs.:;. .. ()()
:.~~ :, (:ll.::~ :. () ()
.1 " .:::1 () ~:$ ~ ~~! !:f
.14..91
POLICE P 37,471.18
POLICE P 110.58
;37 c. 581" 76
GEN GOVT
21572 SUL.LIVAN UTILITY SERVICES WATER FTN LINES-FPEEMAN PROJECTS
21573 SUPERAMERICA
FUEL
21574 TEMPORARIES-TO-GO
T t:: i....! F) (j h~ f~ h~ 'It' i~'l ;::: L~ [.J
21575 TIME SAVER OFF SITE SEC
COUNCIL MTG MINUTES
PLANNING COMM MINU1ES
PARK COMM MINUrES
::K:;K ::"
r () T f:;~L F elF'; T.l I'''j[:
'"'. .'., ,.---.'-'. ,.......,."
~:) f.-{ v 1::: ~.< l..! j'" j'"
~:).I 'j' E:
~z ~L .~~;t )' \~~
TONKA PRIN1ING CO.
U I I 1"v1 CJ I "..J(;:
I .~,".I .D.~l ,~,
}Ji~h:J''''j I 'j':3
[:1 TY Gr;h~
GEi..j GOVT
GEf...j GO\" r
I~J L. f~ j"".l p-{ .I f'..f r~
F) f:{ f;;1 r( S 8<.
PFOT
I j'-.j~3
16.~). 90
3 :s .l~:~::'; ,. '77
/~. 8 (::.~ .. () !:~'i
74..75
2:1 ':l (~ .. .~:! ()
~.? ~~I (:, ,~ )'~)
1:5 ~5 ,~ ()()
"/ / (:~ ,. .'Z ,::1
.15J. .00::)
j'::'//
'i'WiN c,r'i'Y WA'i'ER Cl_IN_IC WAi'ER 'i'ES'i'IN(~ WA'i'ER DE 20uOO
WAiER TOWER TESTING -------- 20.00
***rOTAL FOR TWIN CITY WA1ER CLIN 40.00
21:)/[\ Ui',jlj'UG f?Ei...j.rr::lL 5EH'v'ICES
UN.i F Of~:j"iS
21.,5/9 VESS(:O~ INC:
FLOUR.IOE (;ON"!'AINERS
:2 l,~::l~:~ () V.,Jf::~ 'J" E. F.:~t-:)h:Ci
EOUIP j"hUHT
WATER METER PURCHASE
*** 10rAL FOR WArERPRO
2J.5~~1 SW SUE3lJf~8AN PlJBLISHING
::) ~= C: h: E. T f;:~ F: \( f::~ [)
*** TOTAL CHECKS FOR APPROVAL
*** TOTAL CHECK APPROVAL LIST
Page 3
CI TY Gr;~h~
i,l.,l f;~ 'I' ~::: F~: [) t::
t:+ :Z .::! ,. ~:~ .:.:)
1':)/.. ()~~I
WA'J"ER DE 18J..80
WA"I'ER [)E 2()8~S3
hEi"'{ GU\iT
1 ())' ;;f ~l.::! .:~) ,. ',I' ~:!
230,865.54
....,..., .,., ....
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" .... .".
t~ () '. I.) 1..)
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c~ i-1 j:: C: K.
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CUIYj
CC.1I-l
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CHECf<:,
D~; T E
I.:~ .1. C, t:;i l
',,:/ 16 9/
9 16 9/
q 16 9/
r.? 16 :~)'
~:j .16 (~? ',i'
') 16 ')/
916 9/
q 16 9/
9 1(:, 9/
':1 16 9/
':'.:J 16 9/
q 16 ';,/
9 16 9/
') 16 ')/
') 16 9/
:~} .1 t.' (~, )'
'-} 16 9/
q 16 <;}/
') 16 <'ill
':1 16 ')/
(51 1.6 (:t'l
9 ,16 9/
':'1 16 9/
!.-:; .1.. c"t ~t )'
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'-':116 9/
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9 16 9/
'9 16 9/
9 16 9/
I;; .J_(:; I.?)'
q 16 9l
9 16 9/
9 16 9/
') 16 9/
9 16 9)'
CHi::Ci<;
REGISTEf~:
Ej"jPLOYEE NAhE
i'JU1"jBER
110 CONNIE D. 8ASTYR
115 LAWRENCE A. BROWN
325 ANGELA M. COLE
350 THOMAS A. DAHLBERG
500 CHARLES S. DAVIS
775" JAMES Cw EAKINS
1100 JOHN J. GARFUNKEL
1190 KA'fHLEEN A. HEBERT
1400 PATRICIA R.. HELGESEN
1550 JAMES C. HURM
~ou~ BRIAN O. JAKEL
1100 JEFFREY A. JENSEN
1800 DENNIS D. JOHNSON
1950 MARTIN L. JONES
2100 WILLIAM F. JOSEPHSON
2200 JOSEPH S. KAGOL
2500 SUSAN M. LATTERNER
2550 PETER W. LENZEN
2800 JOSEPH P. LUGOWSKI
2805 JASON R. LUND
2900 RUSSELL R. MARRON
2930 JENNIFER T. MCCARTY
3000 THERESA L. NAAS
3100 LAWRENCE A. NICCUM
3400 BRADLEY J. NIELSEN
3430 GERALD A. O'NEILL
3500 JOSEPH E~ PA.ZANOAK
3580 CHRISTOPHER J. POUNDER
3600 DANIEL J. RANDALL
3/01 BRIAN M. ROERICK
3800 ALAN J. ROLEK
3815 MICHAEL J. RUFFENACH
3900 CHRISTOPHER E. SCHMID
3910 R CUNRAD SCH~lD
4500 KRISTI STOVER
4515 REBECCA A. TARVIN
45// PAMELA J. HELLING
4150 RALPH A. WEHLE
:K;l{;\<:::l( TOT r-4LS:K::\<:::".
Page 4
CHECK
NUI46EF-:
212194
212195
212196
21219l
2121'-?8
212199
2.12~2()()
2l22()1
2,12202
2122C<5
212204
2,12205
.2.1 22 ()t,;
2l22() l
2l:2~2()8
212209
2122l()
212211
2l2~2l2
212213
2l22.1l~
21221S
2.12~2l6
212192
2.122ll
212218
2l.22l ::.~
2l222()
2.1~2221
212222
212223
2l2221:l
212225
212226
'')0 ")'')'')7
.~._L~~,~ .
2.12228
212229
21225()
CHECK
Ai10UN T
~L84. 21
1432.4B
303 .1~L
23().. 8/
l61.41
/ll.60
184.10
661./3
,SS'-l.. ~1~)
1 )' .48 .. ~~I()
~ Q ." .....
ov.,:)?:j
985.3S
8/.l~t 11,4.1
28 ,. ;;;'1
(, ~~ _2 ,. ~;/..:l
123.11
642.68
363.. 1....:12
815.. ()4
~,8t, .. (?':'iJ
.1l .. 2~2
182.51
60.1.5,5
1124.40
...., ., ~.; ;':';:<':j
~. ..;.....w."
184.l0
1()85.. 6S
)'t-,.~2..()~2
888..01
55.49
.ll'-l2.. ()3
219.24
448..44
41.84
18..:l",/(J
186. ':m
.2()9-.. (J6
669.5/
"2 (J t'l~:') ,5 ,. ~9 ~2