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101397 CC Reg AgP ~ .. CITY OF SBOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, OCTOBER 13, 1997 5735 COUNTRY CLUB ROAD SOUTBSBORE CENTER 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 A. City Council Informational Meeting Minutes September 15,1997 (Att.-#2A Minutes) B. City Council Work Session Minutes September 15,1997 (Att.-#2B Minutes) C. City Council Regular Meeting Minutes September 22, 1997 (Att.-#2C Minutes) 3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion Accepting a Proposal for Professional Services Regarding Boundary Markers on City Property North of Silverwood Park (Att.-#3A Administrator's Memorandum & Proposal) B. A Motion to Adopt a Resolution Making Budget Transfers (Att.-#3B Proposed Resolution) C. A Motion to Adopt a Resolution Accepting the Bids for 1997 Street Overlay Project 97-08 and Awarding Contract (Att.-#3C Engineer's Memorandum & Proposed Resolution) D. A Motion to Approve a Sign Permit (Att.-#3D Planner's Memorandum) Applicant: Crosstown Sign (on behalf of Rapid Oil) Location: 19465 State Highway 7 E. A Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits (Att.-#3E LMCIT Excess Liability Coverage Form) F. A Motion to Adopt a Resolution Making an Appointment to the Shorewood Parks Foundation (Att.-#3F Proposed Resolution) G. A Motion to Approve a Contract with Senior Community Services for Cleaning Services (Att.-#3G Proposed Contract) H. A Motion to Approve a Contract with Senior Community Services for Skating Rink Supervisory Services (Att.-#3H Proposed Contract) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) .. CITY COUNCIL AGENDA -OCTOBER 13, 1997 PAGE 2 OF 2 5 . PLANNING - Report by Representative A. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att.-#5A Planner's Memorandum & Proposed Resolution) Applicant: Peggy Greer, represented by Michael Greer Location: 6045 Chaska Road B . A Motion to Adopt a Resolution Regarding Concept Plan Review of Planned Unit Development for Senior Housing Community (Att.-#5B Proposed Resolution) Applicant: Eagle Crest Northwest Location: 25600 Highway 7 & 6140 Eureka Road 6. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING ABATEMENT OF WATER ASSESSMENT - 26115 BIRCH BLUFF ROAD (Att.-#6 Finance Director's Memorandum & Proposed Resolution) 7 . CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION DECLARING ADEQUACY OF PETITION FOR IMPROVEMENTS AND LEVYING FOR WATERMAIN SPECIAL ASSESSMENTS- WATERFORD 5TH ADDITION (Att.-#7 Proposed Resolution) 8. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE ADOPTING THE TREE POLICY BY REFERENCE PROVIDING FOR PENAL TIES FOR VIOLATIONS AND DISCUSSION ON ADMINISTRATIVE SANCTIONS (Att.-#8 Proposed Ordinance) 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING CHANGE ORDER #1 - PROJECT NO. 95-19 SHADY ISLAND BRIDGE (Att.-#9 Proposed Resolution) 10. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring B. Report on Shoreline Messages (Att.-#lOB Staff Memorandum) C. Report on Fire Department Controlled Burn at 5885 Seamans Drive D. Engineer's Report on Extended Construction Hours to Work on Shady Island Bridge 11. MAYOR & CITY COUNCIL REPORTS A. Establish December Meeting Dates B. Discussion on Request for Additional Funding of 4th of July Celebration (Att- #11B Letter of Request) 12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#12) ~Oct 13 97 03:21p PFEIFFER USA 6123619407 p. 1 10/13/97 TO: MAYOR DAHLBERG AND THE SHOREWOOD CITY COUNCIL FROM: BILL HARDENBERGH, 5960 SEAMANS DRIVE RE: SENIOR HOUSING SHOREWOOD COUNen.., BEING UNABLE TO ATTEND TONIGHT'S MEETING, I WANTED TO SEND SOME mODGmS ABOUT THE ISSUES. AGREE OR DISAGREE, I APPRECIATE IT IS A DlFFICULT DECISION YOU MUST MAKE. MY BIGGEST FEAR IS THAT TInS CITY ACTS, NOT ON FACTS, BUT ON WISHES. I THINK SUPPORTERS OF TIllS IDEA HAVE VERY LITTLE IN THE WAY OF FACI'S TO JUSTIFY SUCH A DRAMATIC INTRUSION lNTO A RESIDENTIAL NEIGHBORHOOD. MANY OF US IN THE SHOREWOOD ONE GROUP HOPE TO WORK WITH THE CITY IN THE FUTURE TO COME-UP WITH A REAL SOLUTION- ONE THAT TAKES EVERYONE'S INTERESTS INTO ACCOUNT. IN THE MEANTIME..... NEED- I WOULD STRONGLY DEBATE THE IDEA THAT THERE IS A NEED FOR SENIOR HOUSING IN SHOREWOOD. WHAT WE HAVE IS A WANT. THIS WANT WAS BEEN BlRTHED AND CONTlNUES TO BE NOURISHED BY THE MET COUNCIL, SENIOR ACTMSTS AND SOME OF YOU IN OUR CITY GOVERNMENT. HOW IN THE WORLD DOES HAND RAISING BY 38 SENIORS AT THE SENIOR CENTER CONSTITUTE NEED? I WOULD GUESS THE SENIOR POPULATION IN SHOREWOOD PUSHES 2000 PEOPLE. SO, MAYBE 1 OUT OF 52 (2%) SENIORS EXPRESSED A NEED. IF THERE WERE TRULY A NEED FOR SENIOR HOUSING, THE MARKET WOULD BE BUILDING IT LEFT AND RIGIn'. WHAT IS REALLY NEEDED IS FOR AIL OF YOU TO TRY TO DISTINGUISH NEEDS FROM WANTS FROM DEMAND. PROTOCOL- TIllS ISSUE CONTINUES TO BE HANDLED POORLY BY MANY IN OUR CITY GOVERNMENT. THOSE WITH AN AGENDA THAT REQUIRES SENIOR HOUSING- NO MATfER THE COST- HAVE SHOWN BLATANT FAVORITISM TOWARDS SUPPORTERS. IT IS EVIDENT IN EVERYTIDNG FROM THE ANECDOTAL SURVEYS TO THE SENIORS ONLY SESSIONS TO THE IAST COUNCIL MEETING. I AM VERY UNCOMFORTABLE WITH SUPPOSEDLY EVEN HANDED REPRESENTATIVES LEADING THE CHARGE FOR ONE GROUP OVER ANOTHER. THE NOTION THAT WE SHOULD BUILD SENIOR HOUSING BECAUSE IT CLOSES THE "CIRCLE OF LIFE" OR BECAUSE SOMEONE WISHES "THElR MOTHER COULD LIVE THERE" IS NONSENSICAL AND SELFISH IN THAT ORDER ALL THE ARGUMENTS HAVE BEEN MADE. AS ONE OFTEN FINDS, IT COMES DOWN TO THE LOGICAL VERSUS THE EMOTIONAL. THIS DEVELOPMENT WILL NOT HELP LOCAL SENIORS AND WILL HURT LOCAL RESIDENTS. EVERYONE WANTS TO FEEL GOOD ABOUT THEMSELVES. GOD KNOWS IT IS EASlER TO SAY YES THAN TO SAY NO. SO, IF IT FEELS BETTER, SAY YES TO PRESERVING SHOREWOOD'S NEIGHBORHOODS AND Oct 13 97 03:21p PFEIFFER USA 6123619407 p.2 LIFESTYLES AND NO TO mGH DENSITY, TRAFFIC CLOGGING, MET COUNCIL DRIVEN HOUSlNG PROJECTS. IT IS TIME TO VOTE TIllS DOWN AND SAVE THE NEIGHBORHOOD AND THE DEVELOPER ADDmONAL GRIEF AND EXPENSE. MORE IMPORTANTLY. IT IS TIME- ONCE AND FOR ALL- TO AGREE THAT SHOREWOOD IS NOT THE PLACE FOR THE MET COUNCIL'S SOCIAL IMPERATIVES. OTHERWISE, TIllS BATTLE IS GOING TO REPEATED AGAIN AND AGAIN .IN THE FtITURE. MANY OF US HAVE HAD ABOUT AS MUCH OF TIllS AS WE CAN HANDLE. IF THIS CITY WANTS TO SUPPORT SENIOR HOUSING AND PROTECf IT'S NEIGHBORHOODS, THEN THERE MUST BE A NEW CREATIVE APPROACH TIllS WlLL REQUIRE, ABOVE ALL, THAT ONLY PROJECTS ADHERING TO ZONING lAWS AND NEIGHBORHOOD COMPATIBILTIY BE CONSIDERED. IF A PROJECT FAILS TO MEET TIllS SIMPLE MINIMUM LEVEL OF APPROPRIATENESS, IT MUST BE REJECTED. THANK YOu. ~~ Subject: Senior HousinglEureka Road Project Date: Man, 13 Oct 1997 13:38:07 +0000 From: Eric Paul <FLRX@worldnet.att.net> Organization: Home To: cityhall@dorthy.state.net Mr. Mayor and City Council members. RE: "Senior Housing", Eureka Road Project Respectfully, ARE YOU OUT OF YOUR MINDS!! We elected you nice folks under the assumption you would do what is good for the city. I expect you to follow that mandate. I strongly, STRONGLY urge you to take a second look at what you are considering and put your positions of city government aside and think clearly, realistically, and responsibly. Drop this proposal for the senior housing project. Call it what you want but we all know what it is, and where it is going. It's not too late to do the right thing, and you know in your hearts what that is. Drop it now. What is good for the seniors is a seperate issue. This is an issue about high density housing and I do not believe for a minute that anyone cares a damn about seniors as it relates to this project. Money is the issue. So let's see what you are made of. Come on, people, show some backbone. You know the answer should be no, so, say NO! You can do it. You must do it. You'll feel better about it, knowing you made the right choice. Drop this project, please? Eric Paul 6060 Maple Leaf Circle Shorewood ., 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.netlshorewood cityhall@shorewood.state.net MEMORANDUM FROM: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works JI.} October 11, 1997 TO: DATE: RE: Bituminous Overlays 1997 Attachment 1 is the bid tabulation for the bid opening conducted on October 10, 1997 at 10:00 am, for the bituminous overlay for various streets within the City of Shorewood. The sole planholder, Midwest Asphalt Corporation, submitted a bid for the amount of $105,602.50. The estimate for construction was $80,000. Representatives from Midwest Asphalt confirmed previous discussions stating that the 1997 year has been a boom year for the asphalt companies. If this had been a normal year, the bids would have come in at or near $80,000. It is therefore recommended that the bid be rejected, and that the plans be re bid in March of 1998. If the City Council agrees to reject the- bid, notices will be sent to residents along the roadways scheduled for overlaysstating that this project will be re-bid in 1998. A resolution is attached for your consideration. A Residential Community on Lake Minnetonka's South Shore f1'". City of Shorewood 1997 Bituminous Overlay Project City Project 97-08 Bid Opening at Oct. 10, 1997 10:00 a.m. Performance Bidder Name of Firm Bond.(5%) Total Bid 1 Midwest Asphalt Corporation Yes $ 105,602.50 Enaineer's Estimate of Construction N/A $ 80,000.00 I hereby declare under the laws of perjury that this tabulation of bids is true and correct. ~~k- ~ Larry Brown, Dir. Public Works Attes. t:. 1Jc ~~~ Theresa Naab, Deputy Clerk Attachment 1 ,,",". CITY OF SHOREWOOD RESOLUTION NO. 97-_ A RESOLUTION REJECTING BIDS FOR THE 1997 BITUMINOUS OVERLAY PROJECT PROJECT NO. 97-08 WHEREAS, pursuant to Resolution 97-71 adopted August 25, 1997, an advertisement for bids for the 1997 Bituminous Overlay Project, City Project No. 97-08 was published, bids were received, opened and tabulated on October 10, 1997 at 10:00 a.m. according to law (such tabulation is attached hereto and made a part hereof as Exhibit A); and WHEREAS, the City Council has determined that the bids submitted were in compliance with the plans and specifications published. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby directed to reject all bids received for this project based upon project costs exceeding the estimated construction costs. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with said bids. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of October, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk .'''''c City of Shorewood 1997 Bituminous Overlay Project City Project 97-08 Bid Opening at Oct. 10, 1997 10:00 a.m. Performance Bidder Name of Firm Bond (5%) Total Bid 1 Midwest As~halt Corporation Yes $ 105,602.50 Engineer's Estimate of Construction N/A $ 80,000.00 I hereby declare under the laws of perjury that this tabulation of bids is true and correct. ~~ 4- ---::, Larry Brown, Dir. Public Works Attest: i I '-/!~~dal-- Theresa Naab, Deputy Clerk "Exhibit A" 10/13/97 16:05 Z 612 941 6525 OHLIN SRLES 02 P.O. BOX 35603 . MINNEAPOLlS,MN 55439. PHONE: (612) 941-7697 . FAX: (612) 941-6525 ~~ ~ Ohlin ~INC. October 13, 1997 Mayor Tom Dahlberg City of Shorewood 5755 Country Club Road ShorewootJ. MN 55331 Dear Mr. Mayor: .In regards to this evenings council meeting, 1 would like you to know that 1 voted for you because of your strong sense ofresponsibility to preserve Shorewood. A high density townhouse development does not belong in the middle of a single family neighborhood. The size of what has been proposed is far too large for this area. 1 hope that when it comes time for you to vote on this matter, that you remember what was said, and promised, during your campaign. I believed in you and what you stood for. Please don't let me down. Sincerely, ~au;~ 0;14- Mary Jo Ohlin 24655 Yellowstone Trail Shorewood, MN 55331 Subject: High-Density Housing Plan Date: Fri, 3 Oct 1997 13:57: 14 -0500 From: Steve.Hertzenberg@telex.com To: cityhall@dorthy.state.net FILE COpy Attached is a copy of a letter to the editor I sent to the Sun Sailor regarding the proposed high-density housing project. It addresses the need to deal with the facts surrounding this proposal -- not the conjecture, illusion, and rhetoric that have clouded the issue so far. I urge you to take it to heart. Otherwise, we will not arrive at a decision that is in the best interests of the citizens of Shorewood. Instead, we will have a disappointed community that made an emotional decision based on unrealistic expectations. Clearly, this in not in anyone's best interests. If you have any questions, please feel free to call me. (Daytime: 887-7462. Evenings: 470-1685.) The letter reads: Council Must Focus On Truth in High-Density Housing Issue To the editor: The time has come for Shorewood?s City Council to focus on the real issue involving the proposed 80 unit housing project. Too many misconceptions exist surrounding this plan right now. Some believe the plan will result in tax relief for current residents while others see those opposing the plan as being anti-senior citizen. In truth, the issue is not about phantom tax relief or Shorewood?s seniors at all. The issue is whether or not we, as a community, want to add this high-density housing project, and all that TRULY comes with it, to our community. Period. Surely, the developer and proponents love seeing the issue continually framed this way: as a vote for or against tax relief and aid to our senior citizens. After all, who opposes tax relief? And no one is -- or wants to appear as if they -- are "out to get" our parents and grandparents. When viewed in this simplistic manner, how can the plan fail? The tragedy, however, is that approval will be based on emotional rhetoric, illusory benefits, and a touch of duplicity -- all dreadful reasons to vote for or against anything. Thus, the Shorewood City Council must strip away the deceptive posturing and focus on the real issue at hand. To do otherwise is entirely inconsistent with their pledge to conduct city business in an open and honest manner, and flies in the face of good government. 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H-ey1-z. ef'- ~ '5 - ~b II <;' Sh.u('~IN'!rocl ~e4c') Dr. /J5~AI - ~s >h()/J~~ u-<)~. fY..... f1 ~J t'::5o/l -;2. 0655' .5/;d~ OCh.t ~v tJ ,0 . '. ~CJ""'~'~ - ~~a~ ~<:.~CO& ~\L.~ ~~ (' Cor Ii 11. - 2(,0(0'1 Octfc [.;1c.-f ""f{"'trl , 1>A~-U~~bDkt ~~1&k~ k I $(\<?4 f - )ee t O~.. OG-k U~ f \f~ \ ~~/Z-S- ~ ~ ~ iJa..~ne{- ' ;2 (p J Lj <) Ot:vPL ~ JuJ S~O QcU- L~{ T y-o.J . 5k~5 ! a &d.S'O {),.k ~-f- T I? I U 1-)tJ CJ 6tt<-l-..~( ~I { *~~LUi'2./' -- '2.--0 uS {llnl 0::-..A'tP' 1l1t7~ WE, THE UNDERSIGNED RESIDENTS OF THE CITY OF SHOREWOOD, OPPOSE THE HIGH DENSITY HOUSING PROJECT PROPOSED AT EUREKA ROAD AND IDGHW A Y 7 IN THE CITY OF SHOREWOOD. ~-,1/1 . . =. --7V\JIJ0! [ ) ri\\~ \' J' 4-1 0 ~ 0 g '6 ~ ~oR C>~NO f.o 0 <+-5 G u tZ.L\JJ oeD Ci S;H-v~ r:=...~DO D ia\lb sT12-<lN\ I,ottO f-,a1CLW.200 c.. T. -rnU'L~ ~rOu.)() 0050 J3u...r I wood. Cj- Short> (1V)od -L/'/;/ -/yf';/' t.ozo ~dol0 ~CJCJd_ WlUEM.SE:N .. , ~-5rtol';!N /I n e::t ~o3p ~ ~/t1,J f"S-?3~. !O~:~!~~ 5l{~ ;1(,A/ 5D 3/ tJ A&EIJaI- - CLOt/) fi1~uaf&ze . A ~ {1~~bOC fttJcJ ~3Jj c%3)O Stfd(l~(ftlf) oAc<)fl~ 5tbl!~"D }/lfJ 55"33) ~O ~7i'\ 7l-~~ ~.~ :'., ~\ < ' , ~.Sl ~047, ALW[w6-6~ ~"1.t.~ I A' ~jLtV L~Utld i At/v q;l-;~ i Lf76- () <j l/ f: L/70,; O~ 71 u-;o - Qt3S 47tJ - -Z /78 t", 471-/73Z J1~-q~O Lf 1J7;) -&hId)-- t(10 -O~qb -- ~~ CAlL LeiL{ T~l tUM.k'l.AlIL2.... d.b I ~ 5 5h()(e~oJ Oo.b;. ()y- NooR..~ \..:>01..00 6V'R.~_J...J(:oD <-X .:) \Jo~ v..:>Q)\::> FilE COpy ,((~ Eagle Crest Northwest, me. ~. fl<e'~~ ~.e.e- ;if If~~4 ~(!/I:p' / ~/~~ r:~ ':4 Sound Investment" C!? A j ~ UP-DATE ON PROPOSED SENIOR HOUSING IN SHOREWOOD .. Dear Senior Citizens and Future Senior Citizens: The Shorewood City Council met on Monday, Sept. 15, 1997 to consider the proposed Affordable Senior Housing on the site near Freeman Park. This Affordable Housing would provide a care-free, stair-free, maintenance-free Life-style for Seniors (62 years old and older) and they would still be able to remain in their "Community" near their friends, churches, doctors, shopping and the South Shore Senior/Community Center. The opponents of this housing came out in "Force" and voiced their opposition and the end result was the Council decided to do a study on their concerns and postpone the final vote until the Council Meeting on Oct. 13, 1997. If you believe in the need for this type of Housing - - - - - - - - - - - - - - - - - - - - - - We are asking for YOUR HELP NOW! You are invited as our Guests for Lunch at Noon, Fri. Oct. 10 at the South Shore Senior/Community Center. At this Lunch we will inform you on how YOU CAN HELP to get this Housing approved. YOUR attendance is very important! ! Anyone wishing to be our guest for this Lunch Meeting must make a reservation by Oct 8, 1997! ,Also please tell your Senior friends to call too! PLEASE CALL: DOWIE BOUMA MON. THRU THURS. 1 - 6 P .M.........428-2865 SAT. AND SUN. 1 - 5 P.M....................428-2865 ALL OTHER TIMES..............................420-5058 There is another way YOU CAN HELP! Send a letter addressed to the Mayor and the City Council Members of Shorewood telling them how important this Housing is for you and ask them to vote YES! ! Enclose the letter in an envelope addressed to Patti Helgeson, City of Shorewood, 5755 Country Club Rd. Shorewood, MN 5531. She must have the letter by NOON, OCT. 9. "Hand Deliver" it to her or Brad Nielsen if need be to save time. APPROVAL WILL NOT HAPPEN WITHOUT YOUR HELP!!! 3030 Harbor Lane · Plymouth, MN 55447 .::;;;_ e /Y I -() !- - ~ <<~//t"? 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'\ ' .l... \ 1 <::" " \.. .....wI>- Subject: RE: Misrepresentation Date: Fri, 10 Oct 1997 11:28:10 -0500 From: "Bix, Kathleen L." <k.bix@mayo.edu> To: "City Hall, Shorewood" <cityhall@dorthy.state.net>, "I-Dahlberg, Tom" <DAHLBERG@MEMBER.COM>, "l-Garfunkel, John (Council)" <john.garfunkel@decisionone.com>, "I-O'Neil, Jerry (Council)" <joneill@mail.wintemet.com>, "'Martin Wellens'" <Wellens_Martin@c1assic.msn.com> CC: "x-Agnew, Mike & Diane" <brocandme@aol.com>, z-Greg Larson <Greg_Larson@dgii.com>, "x-McDougle, James & Cathy" <james.mcdougle@entex.com>, "z-Bix, Kate" <k.bix@mayo.edu>, "z-Collins, Pat (Chairman)" <pcollins@cLsaint-louis-park.mn.us>, "x-Moore, Colleen" <ps@analytics-inc.com>, "z-Champa, Roger" <rdchampl@aol.com>, "z-Dussault, Rene (Campaign Mgr)" <rdussault@shl.com>, "z-Schmid, Tom - Former Teacher / Rose Rees" <Tomu88@aol.com> fiLE COpy Martin, It is unfortunate that the paper has the power to do this and much damage can occur. I believe the best platform is to appear at a council meeting and speak your mind. It is documented on video, NO ONE CAN ALTER WHAT YOU SAY, and re-broadcast on cable. I am often traveling during meetings and watch the re-broadcast to see what I have missed. I believe our current council tries very hard to reflect the wishes of the citizens of Shorewood. In regards to the current .senior citizen housing" they have a huge serious decision to make...from watching the re-broadcast council meetings I feel comfortable saying clearly the majority of the neighborhood does not want 80 units (this is quite different from saying they do not want senior housing) on the small acreage...a smaller number seems to be a reasonable compromise...the problem is this. ..Is a developer willing to make less money, put in senior housing, and keep the neighbors who will be affected happy too. ..1 suspect volume has to do with profits...unfortunately...This is an impossible situation to make all happy...Sadly, it is coming down as neighborhood vs seniors and this is truly unfair...WE SHOULD BE ABLE TO ACCODOMATE BOTH WITHOUT CREATING AN "US VS THEM" SENARIO. (PERSONALLY, WHEN I AM A SENIOR THE LAST PLACE I WOULD WANT TO LIVE NEXT TO IS A FREEWAY) I believe the council will not make any decision on this matter lightly and I can only urge you and others to continue to be present and part of the process to help mold the outcome. regards, Kate Lynch Bix > ---------- > From: Martin Wellens[SMTP:Wellens_Martin@classic.msn.com] > Sent: Wednesday, October 08, 1997 7:26 PM > To: City Hall, Shorewood; I-Dahlberg, Tom; I-Garfunkel, John > (Council); I-O'Neil, Jerry (Council) > Cc: x-Agnew, Mike & Diane; z-Greg Larson; x-McDougle, James & Cathy; > z-Bix, Kate; z-Collins, Pat (Chairman); x-Moore, Colleen; z-Champa, > Roger; z-Dussault, Rene (Campaign Mgr); z-Schmid, Tom - Former > Teacher / Rose Rees > Subject: Misrepresentation The Thomsons 27665 Island View Road Shorewood, MN 55331 612/474-8060 email rcithomson@mindspring.com October 11, 1997 TO: Shorewood City Council SUBJECT: Senior Housing Proposal My wife Norma and I fit into the category of senior citizens. We are opposed to your continued efforts to bring so-called Senior Housing into Shorewood. Please bring this to the attention of council members at the meeting on Monday evening October 13. As Shorewood residents for over 36 years we see no need to change the complexion of the rural style of neighborhoods that make Shorewood what it is. We do not want the council consistently considering, let alone approving, variances to the residential zoning in place. The zoning was created to PREVENT encroachment of different types of building and additions that modify the character of our community. Lest you forget, we threw out the previous mayor and virtually all of the council BECAUSE it frequently allowed--seemingly fostered--these re-zonings and catered to the developers. If there is a code you are required to follow, a new vote can be taken to cancel it. We understand this proposed development is for a region, not just for Shorewood. Why would we want a small city like Shorewood to be the site for such housing to benefit the adjacent cities, especially in an undesireable area on a busy highway near a park conceived solely for children? In all of our 36 years as residents in the same house we have never had a survey brought to us for our opinion. We know of none of our friends who have been residents for decades that have been asked questions about needing or wanting senior housing. We would not be at all interested in moving into such a development away from stores and churches and "downtown" conveniences to which we could walk. DO NOT CHANGE THE CHARACTER of the quiet single dwelling neighborhood at the site you are currently considering nor any other site not currently zoned for such development. That is what you promised when we elected you. That is what we expect of you now. .ThO~~ Subject: High-Density Housing Plan Date: Fri, 3 Oct 1997 13:57:14 -0500 From: Steve.Hertzenberg@telex.com To: city hall @dorthy.state.net FILE COpy Attached is a copy of a letter to the editor I sent to the Sun Sailor regarding the proposed high-density housing project. It addresses the need to deal with the facts surrounding this proposal -- not the conjecture, illusion, and rhetoric that have clouded the issue so far. I urge you to take it to heart. Otherwise, we will not arrive at a decision that is in the best interests of the citizens of Shorewood. Instead, we will have a disappointed conununity that made an emotional decision based on unrealistic expectations. Clearly, this in not in anyone's best interests. If you have any questions, please feel free to call me. (Daytime: 887-7462. Evenings: 470-1685.) The letter reads: Council Must Focus On Truth in High-Density Housing Issue To the editor: The time has come for Shorewood?s City Council to focus on the real issue involving the proposed 80 unit housing project. Too many misconceptions exist surrounding this plan right now. Some believe the plan will result in tax relief for current residents while others see those opposing the plan as being anti-senior citizen. In truth, the issue is not about phantom tax relief or Shorewood?s seniors at all. The issue is whether or not we, as a conununity, want to add this high-density housing project, and all that TRULY comes with it, to our community. Period. Surely, the developer and proponents love seeing the issue continually framed this way: as a vote for or against tax relief and aid to our senior citizens. After all, who opposes tax relief? And no one is -- or wants to appear as if they -- are "out to get" our parents and grandparents. When viewed in this simplistic manner, how can the plan fail? The tragedy, however, is that approval will be based on emotional rhetoric, illusory benefits, and a touch of duplicity -- all dreadful reasons to .vote for or against anything. Thus, the Shorewood City Council must strip away the deceptive posturing and focus on the real issue at hand. To do otherwise is entirely inconsistent with their pledge to conduct city business in an open and honest manner, and flies in the face of good government. Steve Hertzenberg Shorewood IJdd/Vl A{)ffiJ:lmJS r fV'i<7 /O/I~/97 t;:::J ~r~ Ilij~ce. ~~'W[E~ filE COpy I~U OCT 91997 ~ , !BY ) f1 t'. f) \) - ~ t' t () -L .1 . /l JL\I 4 r..-u ~,--~L'1t-l.._---L~v--\....._I.,,:- ~_Li::1.A_,-1:Ys,.--~~~~Q 'i f... 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AI -:~_j;y~ --__~~_~_. _ ._ ..~ :5L ,VQ~ a~LT- /ft;;/'.e_j/l.LIl~_'r_-CJ t.I~ .... . ... liJ;0 5.0 OI'J-l1-/JLDKII/f)JJJ1E-.L:>4L-.}fatL-L.tl1 !Lu. ... n U--S-~~-- ,(;/T:-- _-La _ _v_ ();AL_ ZtLtf..._'?f:-lt:d(J/(fi'f: ____._n..._ II . ~ ~ ij.~g Mit/od-:-T()~ft,PIA pv.~jfl& ._f/?t)t~6R.. _.n.. n _~_ r. _- _'..Ii(LL_P~_~ftdP/.€. 4'<EsT/;i~~7ljw..E.S:7:.n- :! S . :~. H2~C:~~i;~~~jw~~&~ ;:24 74S- ft-;/)L&-E. f<v _~bf/!/~V-lc C I':: 4'14 -4 r ~s--; '~ ,,1\~~(,~;lc,U ~/ I~~ '~ll ,'i ~~';\ 0 f u l [ C ij l\.i V II OCT 9 1997 WE, THE UNDERSIGNED RESIDENTS OF THE CITY OF SHOREWOl: OPPOSE THE HIGH DENSITY HOUSING PROJECT PROPOSED AT EUREKA ROAD AND IDGHW A Y 7 IN THE CITY OF SHOREWOOD. ~.v~ ~r~ VyWJ ~ /J r ( . ,~ :p:; ~ .~ ... I !tv-- ~~ \. ~'l.. - \ ~ d b;l.2$" o~ L(Ylf' ~"-, ~/~'f ~ / / &e~1<<11 'L ~ . -;;;;." 1/ It' -4/)rYvn4/U( "" 2 U Z- '16 o./I-k, L.fJ(j ')JLL-f. Ch-x l.-~ ~ [ '- " .t. ' M ~/7 ,~ /1/7/ ./' / '.,., ~ .-1./'-;/ V(;/i' i, t '/ , vL--'t.-{ // /' i6. ;lt1~/ . ~ \./{)~.L~ ~~~~~ B~~ ~ 411!itj /( ) fr~ ~ (}) ai; \:4o-~clt' Sl\uC'-.- t-te rt UI\ b" rj - ;i.,;, 115 Skor "",ad t)"b Dc H-tytz.e.I'--be. v:) - .J-b ll~ SN/f'e.IN'1rocl ~t;.lcs Dr. /J5~/\/ - 2L:DSS' >hM~~ ()~~ t::iL. A5/e6d1 - ~(;,655 .snd~Oc.>ct c:JcJ!Gv IJv " Q:ClW>.~ - ~7:J:) ~o:o& ~\O.. ~~ (c.rl;n, - 2C,O(cJ Ot:tlc[Qc:f If'''tt\ , 1>A~ -- U 616 Dh \f1.:( 1&k~ k f $nea-e ~ )~ \O~ 06-t ~i'- \f~ \ ~~/Z-S- ~ ~ ~ kJ~1n,r ~ :;lCeI Lj)' OaJc I ~ ~La~O OO-X- LroJ T yn;l . 5k:~~ 5 ! a ud.S'D (),Jc J..-ru.- + r~ I U 7-)7) CJ etk... ~~ f ~I ( iM1~-;LU'V - 'l-fo uS c?/Hl Ll::-.A'tF- 1l1J1v tr WE, THE UNDERSIGNED RESIDENTS OF THE CITY OF SHOREWOOD, OPPOSE THE IDGH DENSITY HOUSING PROJECT PROPOSED AT EUREKA ROAD AND IDGHW A Y 7 IN THE CITY OF SHOREWOOD. .fj, 47Y-2He ~(i?^OUJY) '/70-8/;;20 -q(ali/~ -Y/(J -/Y'Y;/ ~ ~ 'c ~ ~ - ~~ J~ ~l' ~~74(j(JvJ rYfou c i t / 4-, 0 .. 0 g ~~ ~oR DA-NO GO<+'5 Gute..LvJoaD Cj s,t+oe. E ~ DO D 12Nb sT12-1JN\ r,O~O &tawoaO c.. T. TnU'L~ ~rou.)() 0050 -:Burl uJoo<i c.J- Shore (tYXX] . &oz{)~dol& ~CJC)d_ WILL..GM'SE:N ... , z;~r;;~ e;t ~ t1rJ )5"~3l / _. !ON(:~/~ If- fil~ /Y/t/5S3 3/. 6JA&6/Jet.. (ft!)t/) )1/l~Ua/~ . " ~{1:::StAJooo./WcJ .:D"33 j cU3JO StftJfl~(j(;1tJ OAcs1Jit 5tb.f~~D )AN 5533) Z~O~; ?l-~ M~ ' 1/" I 5 ~sl RV)D tf Q . CLWUUIhJ '-- ~ AI( L. ( yV 5lu( [[UCrad i AitJ LJ}j3 i 476- 0 <j Lj f: !J7o~O&71 UIO - Cft35 471-/73Z L/74-Cf1o Lf tJ7!) -cl;0/J- tt 10 -09/-IC::, --- I fAJ'N,I... ~h345 Ch.lL Le~{ T-ro..L l tu M...IrW I L2.... d.1.:,(35 5ho(~~oJ O~ /)r- NooR..~ \..oO~O l6V14..wooD <-T .:i Wol<..t..- v-lQ..)\.) WE, THE UNDERSIGNED RESIDENTS OF THE CITY OF SHOREWOOD, OPPOSE THE IDGH DENSITY HOUSING PROJECT PROPOSED AT EUREKA ROAD AND HIGHWAY 7 IN THE CITY OF SHOREWOOD. ~u-, hJA, ~ Co ()g'() e x( vJccd C+. 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This Affordable Housing would provide a care-free, stair-free, maintenance-free Life-style for Seniors (62 years old and older) and they would still be able to remain in their "Community" near their friends, churches, doctors, shopping and the South Shore Senior/Community Center. The opponents of this housing came out in "Force" and voiced their opposition and the end result was the Council decided to do a study on their concerns and postpone the final vote until the Council Meeting on Oct. 13, 1997. If you believe in the need for this type of Housing - - - - - -- - - - - - - - - - - - - - - - We are asking for YOUR HELP NOW! You are invited as our Guests for Lunch at Noon, Fri. Oct. 10 at the South Shore Senior/Community Center. At this Lunch we will inform you on how YOU CAN HELP to get this Housing approved. YOUR attendance is very important! ! Anyone wishing to be our guest for this Lunch Meeting must make a reservation by Oct 8, 1997! , Also please tell your Senior friends to call too! PLEASE CALL: DOWIE BOUMA MON. THRU THURS. 1 - 6 P .M.........428-2865 SAT. AND SUN. 1 - 5 P.M....................428-2865 ALL OTHER TIMES..............................420-5058 There is another way YOU CAN HELP! Send a letter addressed to the Mayor and the City Council Members of Shorewood telling them how important this Housing is for you and ask them to vote YES! ! Enclose the letter in an envelope addressed to Patti Helgeson, City of Shorewood, 5755 Country Club Rd. Shorewood, M.N 5531. She must have the letter by NOON, OCT. 9. "Hand Deliver" it to her or Brad Nielsen if need be to save time. APPROVAL WILL NOT HAPPEN WITHOUT YOUR HELP!!! ~ <:. ~~~~ ". J n S. Gle;o~, President agel Crest N. W.,Inc. 3030 Harbor Lane. 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J~~~-~-"~-_)---h~' \. \ '. ~- .( \ '\ :::......... ~-, -"';- . \ "' Subject: RE: Misrepresentation Date: Fri, 10 Oct 1997 11:28:10 -0500 From: "Bix, Kathleen L." <k.bix@mayo.edu> To: "City Hall, Shorewood" <cityhall@dorthy.state.net>, "I-Dahlberg, Tom" <DAHLBERG@MEMBER.COM>, "l-Garfunkel, John (Council)" <john.garfunkel@decisionone.com>, "I-O'Neil, Jerry (Council)" <joneill@mai1.winternet.com>, '''Martin Wellens'" <Wellens_Martin@c1assic.msn.com> CC: "x-Agnew, Mike & Diane" <brocandme@ao1.com>, z-Greg Larson <Greg_Larson@dgii.com>, "x-McDougle, James & Cathy" <james.mcdougle@entex.com>, "z-Bix, Kate" <k.bix@mayo.edu>, "z-Collins, Pat (Chairman)" <pcollins@ci.saint-Iouis-park.mn.us>, "x-Moore, Colleen" <ps@analytics-inc.com>, "z-Champa, Roger" <rdchampl @ao1.com>, "z-Dussault, Rene (Campaign Mgr)" <rdussault@shl.com>, "z-Schmid, Tom - Former Teacher / Rose Rees" <Tomu88@ao1.com> r"i E fa.. COpy Martin, It is unfortunate that the paper has the power to do this and much damage can occur. I believe the best platform is to appear at a council meeting and speak your mind. It is documented on video, NO ONE CAN ALTER WHAT YOU SAY, and re-broadcast on cable. I am often traveling during meetings and watch the re-broadcast to see what I have missed. I believe our current council tries very hard to reflect the wishes of the citizens of Shorewood. In regards to the current "senior citizen housing" they have a huge serious decision to make...from watching the re-broadcast council meetings I feel comfortable saying clearly the majority of the neighborhood does not want 80 units (this is quite different from saying they do not want senior housing) on the small acreage. ..a smaller number seems to be a reasonable compromise...the problem is this...Is a developer willing to make less money, put in senior housing, and keep the neighbors who will be affected happy too...I suspect volume has to do with profits...unfortunately...This is an impossible situation to make all happy...Sadly, it is coming down as neighborhood vs seniors and this is truly unfair. ..WE SHOULD BE ABLE TO ACCODOMATE BOTH WITHOUT CREATING AN "US VS THEM" SENARIO. (PERSONALLY, WHEN I AM A SENIOR THE LAST PLACE I WOULD WANT TO LIVE NEXT TO IS A FREEWAY) I believe the council will not make any decision on this matter lightly and I can only urge you and others to continue to be present and part of the process to help mold the outcome. regards, Kate Lynch Bix > ---------- > From: Martin Wellens[SMTP:Wellens_Martin@classic.msn.com] > Sent: Wednesday, October 08, 1997 7:26 PM > To: City Hall, Shorewood; 1-Dahlberg, Tom; 1-Garfunkel, John > (Council); 1-0'Neil, Jerry (Council) > Cc: x-Agnew, Mike & Diane; z-Greg Larson; x-McDougle, James & Cathy; > z-Bix, Kate; z-Collins, Pat (Chairman); x-Moore, Colleen; z-Champa, > Roger; z-Dussault, Rene (Campaign Mgr); z-Schmid, Tom - Former > Teacher / Rose Rees > Subject: Misrepresentation The Thomsons 27665 Island View Road Shorewood, MN 55331 612/474-8060 email rcithomson@mi.ndspring.com October 11, 1997 in ~rc~#~ . I~ ~l I_.Y-~ -~~1 TO: Shorewood City Council SUBJECT: Senior Housing Proposal My wife Norma and I fit into the category of senior citizens. We are opposed to your continued efforts to bring so-called Senior Housing into Shorewood. Please bring this to the attention of council members at the meeting on Monday evening October 13. As Shorewood residents for over 36 years we see no need to change the complexion of the rural style of neighborhoods that make Shorewood what it is. We do not want the council consistently considering, let alone approving, variances to the residential zoning in place. The zoning was created to PREVENT encroachment of different types of building and additions that modify the character of our community. Lest you forget, we threw out the previous mayor and virtually all of the council BECAUSE it frequently allowed--seemingly fostered--these re-zonings and catered to the developers. If there is a code you are required to follow, a new vote can be taken to cancel it. We understand this proposed development is for a region, not just for Shorewood. Why would we want a small city like Shorewood to be the site for such housing to benefit the adjacent cities, especially in an undesireable area on a busy highway near a park conceived solely for children? In all of our 36 years as residents in the same house we have never had a survey brought to us for our opinion. We know of none of our friends who have been residents for decades that have been asked questions about needing or wanting senior housing. We would not be at all interested in moving into such a development away from stores and churches and "downtown" conveniences to which we could walk. DO NOT CHANGE THE CHARACTER of the quiet single dwelling neighborhood at the site you are currently considering nor any other site not currently zoned for such development. That is what you promised when we elected you. That is what we expect of you now. Si~y, CJ/ cY-fl41 c:7W~ ByroZ', Thomson ' ~ .T-_ uOct 13 97 03:21p PFEIFFER USA 6123619407 p. 1 10/13/97 TO: MAYOR DAHLBERG AND THE SHOREWOOD CITY COUNCIL FROM: BUL HARDENBERG~ 5960 SEAMANS DRIVE RE: SENIOR HOUSING SHOREWOOD COUNCIL, BEING UNABLE TO ATTEND TONIGlIT'S MEETING, I WANTED TO SEND SOME THODGIITS ABOUT THE ISSUES. AGREE OR DISAGREE, I APPRECIATE IT IS A DIFFICULT DECISION YOU MUST MAKE. MY BIGGEST FEAR IS THAT THIS CITY ACTS, NOT ON FACTS, BUT ON WISHES. I TIIlNK SUPPORTERS OF THIS IDEA HAVE VERY LITTLE IN THE WAY OF FACTS TO JUSTIfY SUCH A DRAMATIC INTRUSION INTO A RESIDENTIAL NEIGHBORHOOD. MANY OF US IN THE SHOREWOOD ONE GROUP HOPE TO WORK WITH THE CITY IN THE FUTURE TO COME-UP WITH A REAL SOLUTION- ONE THAT TAKES EVERYONE'S INTERESTS INTO ACCOUNT. IN THE MEANTIME..... NEED- I WOULD STRONGLY DEBATE THE IDEA THAT THERE IS A NEED FOR SENIOR HOUSING IN SHOREWOOD. WHAT WE HAVE IS A WANT. THIS WANT WAS BEEN BIRTHED AND CONTINUES TO BE NOURISHED BY THE MET COUNCn.., SENIOR ACTMSTS AND SOME OF YOU IN OUR CITY GOVERNMENT. HOW IN THE WORLD DOES HAND RAISING BY 38 SENIORS AT THE SENIOR CENTER CONSTITUTE NEED? I WOULD GUESS THE SENIOR POPUlATION IN SHOREWOOD PUSHES 2000 PEOPLE. SO, MAYBE 1 OUT OF 52 (2%) SENIORS EXPRESSED A NEED. IF THERE WERE TRULY A NEED FOR SENIOR HOUSING, THE MARKET WOULD BE BUILDlNG IT LEFf AND RIGlIT. WHAT IS REALLY NEEDED IS FOR AIL OF YOU TO TRY TO DISTINGUISH NEEDS FROM WANTS FROM DEMAND. PROTOCOL- THIS ISSUE CONTINUES TO BE HANDLED POORLY BY MANY IN OUR CITY GOVERNMENT. THOSE WITH AN AGENDA THAT REQUIRES SENIOR HOUSING- NO MATTER THE COST- HA VB SHOWN BLATANT FAVORITISM TOWARDS SUPPORTERS. IT IS EVIDENT IN EVERYTIllNG FROM THE ANECDOTAL SURVEYS TO THE SENIORS ONLY SESSIONS TO THE LAST COUNCIL MEETING. I AM VERY UNCOMFORTABLE WITH SUPPOSEDLY EVEN HANDED REPRESENTATIVES LEADING THE CHARGE FOR ONE GROUP OVER ANOTHER. THE NOTION THAT WE SHOUW BUILD SENIOR HOUSING BECAUSE IT CLOSES THE ''CIRCLE OF LlFE" OR BECAUSE SOMEONE WISHES "THEIR MOTHER COULD LIVE THERE" IS NONSENSICAL AND SELFISH IN THAT ORDER. ALL THE ARGUMENTS HA VB BEEN MADE. AS ONE OFTEN FINDS, IT COMES DOWN TO THE LOGICAL VERSUS THE EMOTIONAL. TInS DEVELOPMENT WILL NOT HELP LOCAL SENIORS AND WILL HURT LOCAL RESIDENfS. EVERYONE WANTS TO FEEL GOOD ABOUT THEMSELVES. GOD KNOWS IT IS EASIER TO SAY YES THAN TO SAY NO. SO, IF IT FEELS BETTER, SAY YES TO PRESERVING SHOREWOOD'S NEIGHBORHOODS AND Oct 13 97 03:21p PFEIFFER USA 6123619407 LIFESTYLES AND NO TO mGH DENSITY, TRAFFIC CLOGGING, MET COUNCIL DRIVEN HOUSING PROJECTS. IT IS TIME TO VOTE TIllS DOWN AND SAVE THE NEIGHBORHOOD AND THE DEVELOPER ADDmONAL GRIEF AND EXPENSE. MORE IMPORTANTLY, IT IS TIME- ONCE AND FOR ALL- TO AGREE THAT SHOREWOOD IS NOT THE PLACE FOR THE MET COUNCIL'S SOCIAL IMPERATIVES. OTHERWISE, TIllS BATTLE IS GOING TO REPEATED AGAIN AND AGAIN IN THE FUTURE. MANY OF US HAVE HAD ABOUT AS MUCH OF THIS AS WE CAN HANDLE. IF THIS CITY WANTS. TO SUPPORT SENIOR HOUSING AND PROTECT IT'S NEIGHBORHOODS, THEN THERE MUST BE A NEW CREATIVE APPROACH TInS WILL REQUIRE, ABOVE ALL, THAT ONLY PROJECTS ADHERING TO ZONING LAWS AND NEIGHBORHOOD COMPATIBILITY BE CONSIDERED. IF A PROJECT FAILS TO :MEET THIS SIMPLE MINIMUM LEVEL OF APPROPRIATENESS, IT MUST BE REJECTED. THANK YOu. ~~ p.2 u -<~ Subject: Senior HousinglEureka Road Project Date: Mon, 13 Oct 1997 13:38:07 +0000 From: Eric Paul <FLRX@worldnet.att.net> Organization: Home To: cityhall@dorthy.state.net Mr. Mayor and City Council members. RE: "Senior Housing", Eureka Road Project Respectfully, ARE YOU OUT OF YOUR MINDS!! We elected you nice folks under the assumption you would do what is good for the city. I expect you to follow that mandate. I strongly, STRONGLY urge you to take a second look at what you are considering and put your positions of city government aside and think clearly, realistically, and responsibly. Drop this proposal for the senior housing project. Call it 'what you want but we all know what it is, and where it is going. It's not too late to do the right thing, and you know in your hearts what that is. Drop it now. What is good for the seniors is a seperate issue. This is an issue about high density housing and I do not believe for a minute that anyone cares a damn about seniors as it relates to this project. Money is the issue. So let's see what you are made of. Corne on, people, show some backbone. You know the answer should be no, so, say NO! You can do it. You must do it. You'll feel better about it, knowing you made the right choice. Drop this project, please? Eric Paul 6060 Maple Leaf Circle Shorewood # PROPOSED SENIOR TOWNHOMES Near Freeman Park CITY OF SHOREWOOD A new neighborhood that truly feels like home! Not .Just Another Development The vision for this Townhome area is simple......build a traditional neighborhood for Seniors (62 years old and older) who want an affordable care-free, stair-free home. The location is nestled between the natural wetlands and Freeman Park in the City of Shorewood. The Townhomes are architecturally designed using today's technology and building techniques. . The Townhomes along with the professional landscaping will contribute to the architectural beauty of the neighborhood. The result is a quality, comfortable environment that truly feels like home. An Alternative to Current Lifestyles The T,ownhomes are maintenance-free....Iawns are sprinkled and cared for....snow removal is provided....allowing you to live in and enjoy your own home during your "grandparent years" and yet remain in your own "Community" allowing you to be near your present church, shopping, dining out, doctor and friends. tJjJordable We are striving for a "manageably" base-priced home from $120,000 to $128,000. You can choose from 2 architectural designs to meet a variety of personal tastes and needs. Use our complete. list of options and accessories to reflect your personal style. Enjoy the Neighborhood Your Townhome will be a short stroll from Freeman Park where you can watch the many activities. You will be very close to the new Shorewood Senior Center to participate in the many events and activities. Architectural Plamlingl Development by EAGLE CREST NORTHWEST, INC. Prop 0 sed Quality One-Level Townholnes In Shorewood SHORE WOOD VI LLA S Nestled between the Natural Wetlands and Freeman Park. The Shorewood Villas were thoughtfully designed to provide Care-free, Stair-free Living built with Quality Materials and Workmanship at an Affordable Price. '. M..lo, Uedroonl Double Oarage r I f I ,'...i"t'I~ :l. C;,uF.r. living Room . Oinint; ..Houm P.liu DC!droom TELFORD I 1378 SO. Fr. (Includes Sun Room) o M..le, Ue<l,oonl ,~. r- ~....~.._ Storage Nea Dillene Double Oarage Available r SWlI'OOI1l :, Ay,lI.b.t t \. r." F.r. !- livillg Roum Dining Room P.lio '.' P.lio U.d,ounI TELFORD II 1459 SQ. Fr. (Includes Sun Room) Marketed by B~kpark \Jr(jup- 8526 Edlnbrook Crouln~ Brooklyn Park. Ml'! . 65443 ......... ~ ~AA' ~ ~ .. 4- ..P ..L .. ""'-r: ~~.. ~.... ...- p ll"ry- r.. ~ '" rl<< 'tl ~l-' ......r ~.~ .lI. 1< '"' l"" \J:.#.,... ~ DELUXE FEATURES INCLUDED IN ALL SHOREWOOD VILLAS ... CENIRAL AIR CONDITIONING ... SELF-CLEAN ELECTRIC OR GAS RANGE ... 18 CU. FT. FROST-FREE REFRIGERATOR ... DISHWASHER & DISPOSAL * MICROW AVE OVEN I HOOD * DOUBLE CAST -IRON PORCELAIN SINK * CUSTOM OAK CABINETS * PRINCETON OAK TRIM ... VAULTED LIV. &.DIN. ROOM CEILINGS * TRANSITE GAS HEAT-80% EFFICIENT ... ENERGY EFFICIENT WALLS & CEILINGS ... HANDCAPPED ACCESSIBLE DOORS ... WALK-IN MASTER B.R. CLOSET ... DECORATOR LIGHT FIXTURES ... DEAD-BOLT EXTERIOR DOOR LOCKS * PHOTO CELL GARAGE LIGlITS FOR SECURITY ... VINYL INSULATED WINDOWS W/GRIDS '" CARE-FREE SIDING, SOFFIT & FASCIA '" OVER-SIZE DOUBLE GARAGE * TWO BEDROOMS ... TWO BATHROOMS '" FORMAL DINING AREA '" KITCHEN EATING AREA '" FULLY LANDSCAPED LAWNS * LAWN SPRINKLER SYSTEM ... CITY WATER, SEWER, BLACKTOP IN & PAID * NATURAL GAS & UNDERGROUND UTll..ITIES '" PRE-CLOSING ORIENTATION WALK-THRU '" AND MUCH MORE SHOWN ON THE REVERSE SIDE OF THIS BROCHURE I I ... FOR MORE INFORMATION ON THE PROPOSED SHOREWOOD VILLAS CALL: DOWIE DOUMA 428-::865..1-5 P.M. MOll. Ihm Thurs. 420<,Ci58...................AlI Other Tilnes ... Addendum #1 S HOREWOOD V ILLA.S DELUXE FEATURES INCLUDED IN EYERY SHOREWOOD VILLA . · Whirlpool appliances- white on white · Self cleaning electric or gas range · 18' frost-free refrigerator · Microwave oven w/fan built-in . Dishwasher & garbage disposal . Custom made oak cabinets w/stain choice · Cutting board built-in . Choice. of decorator counter top . Double white porcelain cast.iron sink · Delta single-lever faucet and sprayer . Choice of easy care no-waxvinyl flooring Bath, · Carefree fiberglass tubs & showers . Obscure glass door on shower · Delta single.lever faucets · Anti-scald tub/shower valves for your safety' · Ceiling exhaust fan · Custom-made oak cabinets . Full length vanity mirror and light · GFI protected electric outlets . Easy care no.waxvinyl flooring · 32" Flush oak.doors -handicap accessible Interior · Sunroom w/ceiling fan' & light · Vaulted ceilings in Iiving/dining/sunroom · Walk-in master bedroom closet · Lever handles on doors . Princeton oak trim . .36" flush oak doors - han~icap accessible .. Decorator light fixtures . · 2 telephone & 3 cable outlets . Front doorbell chime. · Carpet & vinyl flooring choices · Two coats of Sherwin Williams Pro-Max 400 latex paint .,. . Care free vinyl Sidir;1g .alJd aluminum soffit & fascia "trim . . .;Twovinyl siding colors . Front designed with brick and shutters · Vinyl windows with window grids between glass layers . . Insulated glass vinyl patio door w/grids · Raised panel, Insulated steel front door · Decorator selected exterior garage light fixtures on photo cell for your security' .1 waterproof GFI circuit outlet in patio area .1 frostproof outside fauqet . · Attached 2-car garage . · Raised panel'steelgarage'door · Asphalt driveway & concrete walk and 10' x 11' private concrete patio · Private streets & common grounds · Fully landscape!=! and sodded lawns · AutOmatic sprinkler system for lawn · Front gutter and downspout ':4 Sound Investment" Rt!/Idui/lR is artis/'s rendi/i01I, Conlitl/lilll1 fI/oolic.\' of constfllll I"Vst!flt"C1I alld i IproVt!- ". "t w.. r",ft'rve the right 10 makt! specification and/or plall changes, as \1',4; ,.",. ." !~,~..,-.q' <:i";t"C or ObUp(U;rUL ~ Mechanical/Structural '.,' ,.j · Central air conditioning . · Gas forced-air down-draft transite heating with 80+%efficient furnace · 100 AMP electrical service · 40 gallon gas water heater · Copper plumbing water system · Plumbing loop for future water softener · Choice of gas or electric dryer hookups . Dryer vents to the outside . Bath fans - exhaust to outside · Steel insulated raised panel front door with dead bolt locks for your security . Concrete foundation · Foundation insulated to R-10 · R-44 ceiling & R-22 wall insulation · 5/8" drywall on ceilings & common walls · Sturdy efficient 2 x 6 walls · Roof vents attic ventilation · 25/32" weather/fire barrier structural sheathing For Your Peace of Mind · Photo cell garage lights for your security · Handicap friendly doors & lever handles .18' frostfree refrigerator . Extensive pantry & closet storage · Deadbolt door locks · Front door bell chime · Anti-scald tub/shower valves · Smoke detectors · Steel insulated front door · Sturdy energy efficent 2 x6 walls .. Private garages, entrances & utIlities · City Water, City Sewer and Blacktop In and Paid . Natural Gas and Underground Utilities .1 year warranty on material & workmanship · 2 year warranty on mechanical systems . Preclosing orientation Homeowners All owners are automatically of the WoOd Creek Villas of Home Owners Association. · Trash pickup . Lawn mowing · Snow removal . Administration costs . Association reserves . Landscape maintenance · Exterior building maintenance . Undergroundspr.inKler s~'stems . Insurance on buildings & grounds Designed and Built by: EAGLE CREST N.W., IN,~~ MN Builder Lie. #20045800 .. ' @ ,m..-::::'r: ..........,., ,~ ~. ~# _ ~"7~ ~ . ; ~ 1 . . 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.netlshorewood cityhall@shorewood.state.net Executive Summary Shorewood City Council Meeting Monday, October 13, 1997 Please note that the meeting will be held at the Southshore Senior Community Center in anticipation of a large crowd. , .. Agenda Item #3A: Several years ago, in regard to an area petition, the City Council removed the turf trail between Silverwood Park and Shady Hills Road from its trail plan. The Park Commission has asked for several years that the boundaries of that City property be marked. This is an agreement for professional services to install boundary markers. Agenda Item #3B: This resolution authorizes budgeted transfers. It is an annual housekeeping resolution. '" Agenda Item #3C: Annually the City budgets $80,000 for street overlays. The bids will be opened and tabulated Friday. A full report and recommendation will be supplied to the Council before the meeting. If you feel you need a fuller explanation, this item certainly could be pulled of the consent agenda. Agenda Item #3D: Crosstown Sign Company has requested a sign permit to replace the existing signs on the Rapid Oil building at 19465 State Highway 7. The total area of the proposed signs exceeds Code requirements, the wall sign extends above the roof, and the pylon sign is two feet higher than allowed. The Planning Director recommends approval of only the pylon sign, subject to a two-foot reduction in its height. Approval requires a simple majority vote. Agenda Item #3E: This is an annual housekeeping motion. The form to be sent to the League of Cities Insurance Trust is included in the packet. Agenda Item #3F: The Minnetonka Youth Hockey Association has recommended Don Aslesen who resides at 26055 Shorewood Oaks Drive, to be their representative on the Shorewood Park Foundation. This resolution makes that appointment. Agenda Item #3G: With this written agreement, we will be coordinating the cleaning of the Southshore Senior Community Center with City Hall. Our agreement will be with Senior Community Services for the services of Drew Kriesel who has provided the service for Shorewood City Hall for the past year. He has done a commendable job for a very reasonable rate. Agenda Item #3H: This is an additional contract for services with Senior Community Services for the service of Drew Kriesel to provide skating rink supervisory services for this winter season. A Residential Community on Lake Minnetonka's SOUtl7 Shore City Council Agenda of October 13, 1997 Page 2 of 2 Agenda Item #5A: Mike Greer, on behalf of his mother, has requested approval to subdivide her property at 6045 Chaska Road into three lots. The lots meet or exceed the requirements of the R -1 C zoning district. The Planning Commission agreed with the Planning Director's recommendation to approve the division, subject to conditions. The resolution for this item will be distributed under separate cover. Approval requires a simple majority vote. Agenda Item #5B: The attached resolution includes findings of fact regarding the senior housing project proposed by Eaglecrest Northwest. Planning Commission and Park Commission recommendations have been incorporated into the conclusions of the resolution. Approval requires a four-fifths vote of the Council. It should be noted that some action has to be taken on this item by the 27 October meeting in order to comply with the 60-day rule. If you have any questions on this item, please contact the Planning Director or the City Attorney on Monday before the meeting. Agenda Item #6: This is a request for an abatement of a water assessment. Please review the request and memorandum in the packet. The request seems consistent with the current policy of the Council. Agenda Item #7: This ordinance provides for the adoption of the Tree Preservation Policy by reference . and provides for penalties. In addition, the Council had previously briefly discussed administrative . sanctions in relation to the tree preservation policy. There should be some additional discussion on this topic while this ordinance is being considered. The Council might want to consider this as the first reading of the ordinance with passage at a future date. Agenda Item #9: This item is a change order to the Shady Island Bridge contract. This change order is a planned change order for substitution of large boulder retaining walls versus the modular block walls originally proposed. Concerns were raised by staff with regard to the anticipated damage which would occur to a modular block wall as the ice from the lake heaves against the wall. Council was notified during the award of the contract that this change order was pending. The amount of the change order is $6,982.50 which is 2.6 % increase of the total contract. Staff is recommending approval of the change order. . CITY OF SHOREWOOD CITY COUNCIL INFORMATIONAL MEETING MONDAY, SEPTEMBER 15, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CONVENE CITY COUNCIL MEETING DRAfT 1. Acting Mayor Stover called the meeting to order at 7:05 p.m. A. Roll Call Present: Acting Mayor Stover; Councilmembers McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen; Finance Director AI Rolek Absent: Mayor Dahlberg . B . Review Agenda Acting Mayor Stover read the Agenda for September 15, 1997. She announced the Council will convene in a work session at the conclusion of the informational meeting. 2. DISCUSSION OF ISSUES RELATED TO PROPERTY LOCATED EAST OF EUREKA ROAD BETWEEN NELSINE DRIVE AND ORCHARD CIRCLE - KNOWN AS 5400 EUREKA ROAD (1) Historical Perspective on the Property and Presentation of New Data Planning Director Nielsen described the project in detail and related the historical perspective of the project. (2) Issues and the City's Role in the Process . Nielsen reviewed the issues surrounding the project as well as the manner in which the City has investigated and addressed these issues. Engineer Brown explained the role the Minnehaha Creek Watershed District has played in this . project. Paul Hornby, OSM, explained the 1975 Stormwater Management Plan was reviewed to determine the sub-watershed for the subject area as well as the property contributing to the wetland area. OSM also considered the drainage analysis which was completed relative to a roadway project for Smithtown Road which was conducted by OSM in 1996. Mr. Hornby explained consideration was given to the area contributory to the portion of the wetland which is south of Pleasant Avenue. The area north of Pleasant A venue has a relatively small drainage area which drains to a large holding facility. The remainder of the area south of Pleasant Avenue drains to the wetland on both sides of Eureka Road. As a part of the analysis, it was assumed all water would drain to the wetland area south of Pleasant Avenue and Birch Bluff Road and across from Eureka. Using a 100 year run off event and the storage available, the peak elevation would be approximately 932.3 which would not over top Birch Bluff Road, however, it would over top a portion of Eureka Road. #~A CITY COUNCIL INFORMATIONAL MEETING SEPTEMBER 15, 1997 - PAGE 2 As part of a further analysis, it was assumed a second 100 year event would follow behind the fIrst and there is no available space remaining in the hatched areas. This analysis revealed that the peak storage elevation would reach 933.2. This elevation would over top Birch Bluff Road as well as Eureka Road. Mr. Hornby stated the restrictions put on the sub-watershed itself are very conservative from an engineering standpoint and it is unlikely this scenario would actually happen. The length of time it would take water to get from the farthest reach in a sub-watershed to the point of storage, under the analysis of an urban area, fully developed with a storm sewer, would be approximately 58 minutes. In actuality, it would take approximately four to fIve hours. Brown explained the Watershed District raised questions as to why the City did not perform a precise identifIcation as to the 100 year event. He further explained it would cost between $6,000 and $10,000 to obtain the necessary aerial photography and control survey, therefore, consideration was given to a storm which is a greater event than the 100 year flood plain defInition to see how that would impact the property. The elevation determined by OSM to be 932.3 is greater than the flood plain and still meets the requirements of the ordinance. Brown explained the Watershed District is giving consideration to utilizing the peak elevation which has been determined by OSM. . Attorney Dean commented on the letter which was received from Svoboda Ecological Resources. He noted Mr. Svoboda raises a number of issues which have been discussed and addressed by staff. Relative to the authority and limits of the City in imposing restrictions and conditions on the building permit, Attorney Dean responded in a general way to the following issues. Mr. Svoboda stated the house will be built on an alluvial outwash and Attorney Dean noted a soil report has been prepared by PEC, Inc. He stated the City is building a fIle relative to this matter and to make an assertion on the face of the building permit would be exceeding the City's authority. With respect to Mr. Svoboda's suggestion there be a lO-year guarantee period for improvements, Attorney Dean explained that State statute sets forth new home warranties and guarantees which apply to all new residential construction. Attorney Dean expressed concern relative to requiring an extraordinary period of guarantee once the provisions have been met which would allow for the issuance of a building permit. . Mr. Svoboda also suggested the developer be required to live on the property for a minimum of two years after the building is completed. Attorney Dean felt this provision would exceed the City's authority. He felt the letter was well stated and the points well raised, however, he has significant concerns relative to each of them. (3) Questions and Answers Councilmember Garfunkel asked what step the Watershed District would be taking next. Brown explained if the remaining issues relative to the plan submittals can be worked out, the Watershed would act on wetland mitigation and satisfaction of the flood plain issues. If those answers are forthcoming, the other requirements of the Watershed District have been met. '-. CITY COUNCIL INFORMATIONAL MEETING SEPTEMBER 15, 1997 - PAGE 3 Brown pointed out there are two variances which will need to be granted by the Watershed District relative to the wetland buffer of 35 feet. One variance is relative to the encroachment of the driveway. In addition, one of the stakes at the northwest corner of the building pad is closer than the 35-foot wetland setback. The Watershed District would have to grant approval of a variance to ~heir regulations with regard to setbacks along with the standard wetland and flood plain mitigation Issues. Brown further explained because of concerns of wetland stakes being moved and the events that have taken place in the past, the City has required that the wetland be depicted as shown by the wetland scientist and that the surveyor must review the plans and sign off stating that the wetland was staked within a close period of time. Brown stated according to the plan, the corrected house pad is approximately 43 feet by 22 feet. Councilmember Garfunkel asked what factors the Watershed District will take into account when considering the necessary variances. Brown explained based on his experience, it is more difficult to grant the variance for the driveway than the one stake. The stake shown near the northwest corner is one point which encroaches. With regard to the driveway, that encroachment is more extensive. . Councilmember O'Neill stated the applicant has admitted to falsifying stamped engineer documents as well as moving wetland delineation stakes. A delineation stake on the driveway site was moved and fill piled on a small part of the wetland. Councilmember O'Neill asked whether additional inspections could be required which would be charged back to the developer. Attorney Dean stated these issues do give rise to concern the job is being completed in a proper manner. As the City building official and engineer review the plans and the critical steps necessary to carry out those plans, it would behoove the City in this and every case to be sure there are prompt and thorough inspections. The City has the authority to stop work and require the steps are carried out correctly. Attorney Dean stated it would be appropriate for the City to use caution commensurate with the circumstances in this case. . Councilmember O'Neill asked for comment from Jim Hafner of the Minnehaha Creek Watershed District relative to his comment at the Watershed District meeting that there is precedent set for the granting of a variance for the driveway. Mr. Hafner stated the Watershed District is not required to consider a retention pond given the fact this is a single family residence being proposed. He stated variances are considered on a site by site case. Councilmember McCarty inquired, assuming all variances are granted and permits are obtained, is there anything that can be done to stop the project. Attorney Dean explained that if all required approvals are received and there is a timely and proper application for a building permit and all conditions of the permit are met, the City will be obligated to issue a building permit. Councilmember O'Neill questioned what legal avenues are available to the City given the fact Mr. Meline admitted he altered the plans. Attorney Dean stated this is a serious matter and it is the intention of staff to investigate this matter, review the remedies available and report back to the Council. Dan Sherlock, 24460 Nelsine Drive, asked what the City is doing to ensure it can be protected in the future. Attorney Dean explained staff will investigate the remedies available. CITY COUNCIL INFORMATIONAL MEETING SEPTEMBER 15, 1997 - PAGE 4 Roger Champa, 25500 Nelsine Drive, stated ordinances were adopted for good reasons, however, changing times warrant changes to the ordinances. He expressed concern the ordinance permits a two foot flood plain on a driveway. He felt the ordinance needs to be addressed. Nielsen explained the City flood plain regulations which were adapted for the City are based on the DNR model. Mr. Champa noted a significant change in the topography with all of the new housing developments and felt this ordinance needs to be addressed. Greg Larson, 25535 Orchard Circle, felt a significant amount of conflicting data had been provided during the informational meeting. Mr. Larson felt there cannot be controversy that the project is subject to extensive flooding. Mr. Larson stated the building site and home is completely surrounded by wetland as close as 20 feet to the house itself and the driveway will be under water for up to 300 feet. It could be several inches or up to two feet deep. Mr. Larson expressed concern relative to a building permit being issued and any action which could be taken against the City by a future owner of the home. Councilmember O'Neill questioned why the contours do not match up with the surveys. Brown stated there are points which fall outside of the line and explained staff noticed the topography map . which was used matches up with the 1966 topography map that the City has. The actual topography did not include this nine or ten acre parcel. Brown noted the document is not an official boundary survey and this is one of the things which will be discussed with the registered land surveyor who signed off on the plan. Acting Mayor Stover asked what steps the City will take regarding the boundary survey. Brown stated the applicant has been asked to submit an official boundary survey to address setbacks as well as the elevation points which were completed by the surveyor to certify by the laws of the State of Minnesota that those are accurate. Brown stated the City is interested in getting the boundary survey with the spot elevations on it. A professional must sign off on that survey verifying that each individual point was found to be accurate according to professional standards. Nielsen stated in addition to a Certificate of Survey depicting the boundaries, a complete up to date topographic survey will also be required. Mr. Larson stated he is disputing the basis that is used to determine whether this is, in fact, a buildable site. Brown explained the elevations that are shown must be certified by a surveyor and must comply with the flood plain ordinance. . Mr. Champa suggested more data be taken back to the Watershed District so they may make a decision. It was his understanding the Watershed District did not know what the true elevations were for the proposed building site. The Watershed District consulted legal counsel to determine who is responsible for establishing that level and it was determined the level would be established by the Watershed District. Councilmember O'Neill stated it is part of the Legislature's mandate that the Watershed District is to set the flood plain for its districts. Councilmember O'Neill asked whether the developer could be required to do more. Nielsen stated there could be additional requirements in an effort to ensure there will be no filling or to verify the extent to which fill is placed below the flood plain elevation. There is an issue of wetland and flood plain mitigation relative to this site. Mr. Larson stated in 1987 water topped Eureka Road by approximately one foot. There is also a stream flood potential. In speaking with a representative of the Army Corp of Engineers, Mr. Larson commented there may be a floodway associated with the ravine and stream that is separate and higher than the flood plain of the wetland itself. . . CITY COUNCIL INFORMATIONAL MEETING SEPTEMBER 15, 1997 - PAGE 5 Mr. Larson commented this project is very damaging to the trees and shrubs both on and off the project site. He noted the wetland mitigation plan calls for the removal of a large number of trees. Mr. Larson asked the Council to pass a resolution asking the Watershed District to reject the mitigation plan because it is damaging to the vegetation surrounding the wetland. Mr. Larson stated there is no association between the 100 year storm and the 100 year flood. He recalled the storm of July 1987 storm where the water was one foot over Eureka Road. This storm has been referred to as the worst storm in over 200 years. The engineer for the Watershed District stated this was not the 100 year flood event, but was a 200 year rain event. Mr. Larson spoke with the State climatologist and was informed the 100 year storm for most locations in Minnesota is approximately six inches. There have been two such storms in the past 20 years. Mr. Champa questioned the circumstances under which an ordinance was developed allowing a driveway to be two feet below flood plain. Acting Mayor Stover explained the City adopted the flood plain ordinance which was prepared by the DNR. Nielsen stated the DNR prepares a model ordinance which can be adopted by the City or adapted to the City's circumstances. He explained the City used the numbers and standards from the model because it is an acceptable and defensible standard which is recommended by the DNR. Brown asked Attorney Dean for his input relative to any ordinance changes which would be made at this point. Attorney Dean felt it would be appropriate for Brown, in connection with OSM or others, to complete some preliminary leg work to see if, in fact, there is some justification for a number other than two feet. He stated a report should be made back to the Council as soon as possible. In terms of the subject project, Attorney Dean did not feel it would be too late to factor this into the review of this particular matter. Acting Mayor Stover asked for an explanation of the 100 year flood. Brown explained the 100 year event has to do with statistics of the law of averages over time and how often that type of storm would occur. He stated OSM did run two back to back 100 year events to see what would happen and that elevation came up to 933.2 which does not impact the house pad. Attorney Dean noted his understanding this would, however, impact upon the driveway and Brown confmned this. Brown clarified the discussion was not about the 100 year flood plain precisely, but something more conservative. Mr. Larson provided photographs of the mitigation areas which will impact the trees in the area. Councilmember O'Neill suggested a resolution be developed and added to the next Council agenda relative to the mitigation area and the impact it will have on the trees. Barbara Cameron, 5490 Wedgewood Drive, asked what guarantees there are that her home will not flood as a result of this project. She noted she has made a substantial amount of improvements to her home. Brown stated the signature of a professional engineer will be required and under the City's authority it is the only tool available to address that issue. Ms. Cameron expressed concern relative to utilizing Mr. Meline's engineer given his previous conduct regarding this matter. Councilmember McCarty asked if a neutral engineer could be utilized at the expense of the applicant. Brown suggested OSM review the stormwater calculations as a neutral engineer, however, he did not feel the cost could be passed on to the applicant. Mr. Hornby stated OSM would charge under $800 to do this work. Acting Mayor Stover felt an applicant would have the right to obtain their own engineer. Frank Svoboda, 25580 Nelsine Drive, stated he has not seen the soils report. He expressed concern the material which eroded out of the ravine would, over time, consolidate and compact. He felt conceivably there could be peat somewhere below 7.5 to 9 feet. CITY COUNCIL INFORMATIONAL MEETING SEPTEMBER 15, 1997 - PAGE 6 Councilmember O'Neill asked for Mr. Hornby's opinion on building a house on peat which is 8 to 10 feet down. Mr. Hornby stated that peat which is that far down will probably not consolidate. Brown stated there were concerns relative to the foundation and, therefore, it is being required that a professional engineer sign off on the foundation design. Mr. Sherlock asked whether this is a high risk site given the number of signatures which are being required. He felt this to be a marginal site and asked why the City is even considering it. Brown commented no one feels this is a prime building site, however, the City uses the tools it has available and in that regard has requested a number of certifications. Councilmember O'Neill proposed this matter be added to the next agenda and at that time the Council will discuss having another engineer review the soil report and render an opinion. Acting Mayor Stover suggested this be scheduled for another meeting given the agenda which has already been established for the next meeting. Brown noted another engineer may have a problem with reviewing the report since he did not perform the borings. He commented Mr. Meline may be open to an easement situation in which borings could be taken. Attorney Dean stated engineering reports many times contain disclaimers which limit what they are responsible for given what they actually saw. Councilmember McCarty pointed out there are more borings taken for a tennis court than have been taken for this project. . Mr. Svoboda suggested elevation points of the wetland edge stakes be taken. Brown explained because of the amount of controversy and the events which have taken place with regard to the stakes, there was a requirement the stakes be surveyed directly after the wetland was reestablished. In addition, there was a precise sequence of events which had to take place with regard to the plan preparation because of the credibility issues which were raised. Mr. Svoboda commented in constructing the driveway there may be excess material which will need to be removed and disposed of. He noted that removing material from the building pad area is going to also generate excess material which will need to be disposed of. When the wetland is mitigated this will require the removal of cubic yards of material. Mr. Svoboda asked where this excess material will be placed. Nielsen stated the material which comes out of the building foundation is typically spread around the building to create drainage around the .building. The . material which is excavated for wetland mitigation would have to be deposited in an approved dumping site and disposed of off of the site. Mr. Svoboda felt there will be substantial costs associated with soil correction. There will also be an issue of obtaining permission from some other property owner to dispose of the material which is not suitable for construction elsewhere. Councilmember O'Neill felt there to be significant costs in just preparing the site for the house. Acting Mayor Stover stated when an application is made for a building permit, the City cannot critique the advisability of the plan. Mr. Svoboda inquired whether OSM made calculations relative to how much water will flow through the ravine in the first 100 year event and in the second 100 year event. Mr. Hornby stated he did not take into consideration the different topography along the route. Brown stated although OSM analyzed two back to back 100 year storms, the only thing which can be enforced is the 100 year event. This was simply done for the City's own comfort level. . . ~ CITY COUNCIL INFORMATIONAL MEETING SEPTEMBER 15, 1997 - PAGE 7 Colleen O'Neill, 25540 Nelsine Drive, commented on Mr. Meline's behavior and attitude regarding the project. She asked why there is a discrepancy between the City's information and the Watershed District's information relative to the size of the site and the percentage which is wetland. Nielsen explained his calculation was based on measuring the site, especially the part which is very uneven. Mr. Hafner stated the Watershed District obtained their figures from the hydrologic calculations which had been provided. Ms. O'Neill asked if the proposed ditch on the south side of the driveway is a requirement. Nielsen stated it is a requirement and for any feature which would trap water, there would need to be a means of relieving the water. With respect to the sprinkling of the house, Ms. O'Neill asked whether that will require municipal water to the property. Nielsen stated he anticipates this will be city water and was unsure whether this service could be provided through a well system. Ms. O'Neill questioned how deep the line will be. Brown stated typically the service would be 6 to 8 feet deep. Mr. Meline will be required to pay for this service on a per foot basis. Brown stated he has observed situations in which booster pumps and storage pressure tanks have been added to a private well system. He note this is not economical and he would not expect to see that on the plan. Ms. O'Neill expressed concern relative to the soil excavation and the recommendation the excavation be carefully performed with the use of a backhoe. She asked what can be done to supervise and protect this private site. Nielsen explained in terms of excavation, there is a requirement that the building inspector be called to examine the excavation. The building inspector routinely has people clean out excavations which have been over worked or rained on. Beyond that, the issue is the fIll which is brought in and compacted over that. There will be a requirement his soil engineer be there for the compaction which is done since he has requested this be done in lifts. Ms. O'Neill asked what will happen if the developer abandons the project. Brown stated a nuisance/eye sore complaint could be made if the house were unfinished and construction debris were left. In regard to the Watershed District permit in connection with proper restoration to avoid erosion into the wetland, the permit is very clear as to the specified time in which the open material needs to be restored and seeded. Mr. Hafner stated the time limit to be 48 hours to two weeks, however, the Watershed District would prefer a shorter period of time. Ms. O'Neill questioned whether there is a specified period of time in which the building permit is valid. Nielsen stated the applicant must start construction within 180 days and maintain progress every 180 days. It was noted it could take as long as three years to build a home under those guidelines. Ms. O'Neill suggested the City establish a review board for developers utilizing marginal properties and expressed concern this builder does not live up to the standards expected of a developer in Shorewood. Administrator Hurm will work with staff to investigate this matter. Rick Stromberg, 5510 Wedgewood Drive, displayed the pictures which were provided at the previous Council meeting and Brown noted they are on fIle. Ms. Cameron provided the members of the Council with a copy of the police report in which Mr. Meline was abusive to her daughter. CITY COUNCIL INFORMATIONAL MEETING SEPTEMBER 15, 1997 - PAGE 8 Acting Mayor Stover thanked everyone for coming and commented staff will continue to monitor the situation. A status report will be returned to the Council on October 13, 1997, and a resolution will be considered asking the Watershed District to reject the mitigation plan. 3. ADJOURNMENT Garfunkel moved, O'Neill seconded adjourning to work session format at 9:55 p.m. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ..: . , . . It CITY OF SHOREWOOD WORK SESSION MEETING MONDAY, SEPTEMBER 15, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 10:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION D rj D r;~y~ . L~!I'tJ ~ Acting Mayor Stover called the meeting to order at 10:03 p.m. A. Roll Call Present: Acting Mayor Stover; Councilmembers McCarty, O'Neill and Garfunkel; Administrator Hurm; Engineer Larry Brown; Planning Director Brad Nielsen and Finance Director AI Rolek Absent: Mayor Dahlberg . B. Review Agenda The agenda was approved as presented. 2. BEGIN REVIEW OF 1998-2002 CAPITAL IMPROVEMENT PROGRAM; TO REVIEW AND DISCUSS STAFF INPUT TO THE COMMUNICA TIONS COMMISSION ON RENEGOTIA TION OF THE TRIAX CABLE SYSTEM; AND GENERAL TRANSPORTATION ISSUES Discuss Staff Input to the Communications Commission on Renegotiation of the Triax Cable System Administrator Hurm reviewed a letter which he prepared outlining the suggestions or desires to be considered and discussed during the upcoming negotiations with Triax Cable vision regarding their contract. The Council noted their agreement with the letter. . Review of the 1998-2002 Capital Improvement Program Water Should watermain be installed along Strawberry Lane if a street reconstruction or pavement reclamation project is to proceed? With respect to the replacement of the Badger well building, Brown stated the $120,000 cost is a conservative estimate. OSM had estimated a cost of $210,000, however Brown felt this to be excessive~ As a part of the estimate, the 5,000 gallon tank needs to be removed. There will need to be some piping modifications as well. Brown noted there are EP A and plumbing code regulations regarding the chemical rooms. If there are major modifications, a chlorine scrubber must be installed at an approximate cost of $120,000, so it is the intent of staff to keep the existing chlorine room in its current state, therefore, it will be necessary to design around this. With respect to potential watermain projects such as Strawberry Lane, Councilmember O'Neill stated he is not a fan of water, but he felt the residents should be consulted and their input obtained. -18 CITY COUNCIL WORK SESSION MINUTES SEPTEMBER 15, 1997 - PAGE 2 With respect to Strawberry Lane, Acting Mayor Stover commented the overall cost would possibly be less if sewer and water lines were put in at one time. She also felt neighborhood input should be obtained. Should the Amesbury well system be interconnected to the southeast area water system and tower? Brown expressed concern relative to the number of customers on the dead end loop which extends from Boulder Bridge along Smithtown Road ultimately ending in Shorewood Oaks. He is awaiting the new test results of the fIre flow capabilities for the senior housing project. From an efficiency and customer service satisfaction standpoint, Brown stated he is not comfortable with the number of customers on this dead end system. He stated it would be optimal to interconnect the watermain down Eureka Road. Should the watermain be extended along Highway 7 from Shorewood Oaks Drive to the area between Freeman Park and Eureka Road in anticipation 0 f development occurring in that area? Acting Mayor Stover questioned whether the City would pay for this. Brown explained the developer of the senior housing project would pay for a typical8-inch line and the City would pick up the trunk oversizing costs. Councilmember Garfunkel did not feel this issue could be addressed until a decision is made relative to the senior housing project. If the Blegin development is pursued south of Vine Street on Manor Road, should a short piece of watermain be extended along Manor Road to serve this subdivision? Nielsen explained a fInal plan for the Blegin development will need to be submitted by November or December. He noted the water policy has changed since the earlier approvals were given relative to this project. Nielsen explained this will involve three or four lots. Brown explained the Water Implementation Plan calls for a trunk line main installed on this site. If the developer chooses to extend watermain down through the plat, he would be responsible for the cost of the trunk line and the City would pay the cost for any oversizing along Vine Hill Road. Councilmember O'Neill felt this matter should be deferred until the water plan is fInalized. There was disagreement among the councilmembers whether a development is required to install municipal water or if a 100 percent petition would need to be submitted. It was agreed this work session will be further continued to October 28, 1997, at 7:30 p.m. 1I . . .. CITY COUNCIL WORK SESSION MINUTES SEPTEMBER 15, 1997 - PAGE 3 3. ADJOURNMENT McCarty moved, Garfunkel seconded to adjourn the City Council Work Session Meeting at 10:50 p.m. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TOM DAHLBERG, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 22, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Acting Mayor Stover called the meeting to order at 7:32 p.m. A. Roll Call Present: Acting Mayor Stover; Councilmembers McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen Absent: Mayor Dahlberg B . Review Agenda Acting Mayor Stover read the Agenda for September 22, 1997. Administrator Hurm requested the removal of Item No.7, to be substituted with Consideration of a Motion to Adopt a Resolution Accepting a Petition for Levying of Watermain Special Assessments, Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment Roll and Ordering an Assessment Hearing for Marsh Pointe Subdivision. In addition, he requested the addition of Item No.9, Consideration of a Motion to Authorize a Contribution of Funds to the Mound Fire Department for the Purchase of a Night Vision Iris. McCarty moved, O'Neill seconded accepting the Agenda for September 22, 1997, as amended. Motion passed 4/0. 2 . APPROVAL OF MINUTES City Council Regular Meeting Minutes - September 8, 1997 Garfunkel moved, O'Neill seconded approving the City Council Regular Meeting Minutes for September 8, 1997, as amended on Page 3, Paragraph 2, Last Sentence, change "telephone conversation" to "letter"; Paragraph 7, Last Sentence, change to read, "they do not have an accurate account"; Page 4, Paragraph 2, change to read, "make hazardous use of the trail"; Page 6, Paragraph 2, Sentence 1, change "have always been" to "have never been." Motion passed 4/0. 3. CONSENT AGENDA McCarty moved, Garfunkel seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A Motion Adopting RESOLUTION NO. 97-77, "A Resolution Accepting the Minnewashta Elevated Storage Tower and Authorization of Final Payment for Storage Tower" Motion passed 4/0. te-. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 2 4. MATTERS FROM THE FLOOR Bob Gagne, 24850 AmIee Road, commented on the Council's recent decision to submit a Winter Use Permit to Hennepin County for the LRT Trail. Mr. Gagne stated it had been his understanding the Council had made a commitment to hold a public hearing prior to this action being taken. He requested a formal public hearing be held prior to the next snowmobile season with notice specifically sent to those property owners who live along the trail. 5 . PARKS - Report by Representative A. Report on the Park Commission Meeting Held September 9, 1997 Commissioner Arnst reported on the matters considered and actions taken at the September 9, 1997, meeting of the Park Commission (as detailed in the minutes of that meeting). B . A Motion to Adopt a Resolution Making an Appointment to the Park Foundation McCarty moved, O'Neill seconded adopting RESOLUTION 97-78, "A Resolution . Making an Appointment of Park Commissioner Ann Packard to the Park Foundation." Motion passed 4/0. C . A Motion Approving an Agreement for Professional Services with Mark Koegler McCarty moved, O'Neill seconded approving the Agreement for Trail Planning as well as the Agreement for Professional Services with Mark Koegler. Motion passed 4/0. 6. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their meeting of September 16, 1997, (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Regarding a Conditional Use Permit for Accessory Space Exceeding 1,200 Square Feet . Applicant: Location: Charles & Carol Crandall 5715 Kathleen Court Mr. Crandall was in attendance. Councilmember O'Neill noted the proposed garage is buffered by a large number of trees and is very well screened from the neighborhood. McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97-79, "A Resolution Approving a Conditional Use Permit for Accessory Space Exceeding 1,200 Square Feet, for Charles & Carol Crandall, 5715 Kathleen Court." Motion passed 4/0. . . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 3 B . A Motion to Direct Staff to Prepare Findings of Fact Regarding Concept Plan Review of Planned Unit Development for Senior Housing Community Applicant: Location: Eaglecrest Northwest 25600 Highway 7 & 6140 Eureka Road Planning Director Nielsen explained the proposed development in detail. Mr. Bill Gleason, Eaglecrest Northwest, was in attendance and referred to a letter which was prepared by Mayor Dahlberg. He felt Mayor Dahlberg made ascertains and assumptions regarding Eaglecrest Northwest which are inaccurate and untrue. Mr. Gleason stated Eaglecrest Northwest came into the city with the idea there is an ordinance in place and a need for senior housing. He explained he had been contacted by one of the land owners who asked whether he would be interested in this project. Mr. Gleason noted his understanding the traffic generated from the proposed development is based on the lowest possible trips taken out of a townhouse development which is not age restricted. Nielsen explained manuals of the Institute of Transportation Engineers were reviewed. The manuals contain breakdowns of trip generations for various kinds of land uses. The manuals indicate there are not many studies which are based exclusively on senior housing and it was suggested the range for townhouses would be somewhat higher than would be found in a senior housing development. The range for townhouses is five to eight trips per unit. Mr. John Gleason was also in attendance and addressed the issue of traffic generation. He explained a traffic study was performed at the Brooklyn Park development which consists of 44 units. Of the project, 32 of the homes are 62 and older. A traffic study was conducted from 6:00 a.m. to 8:00 p.m. and this reflected approximately 2.4 trips per household. Bernadette Thompson, 6100 Seamans Drive, felt there to be numerous legal problems with the development. She raised the following issues: (l) Swapping of park land for other land. (2) How is lot size defined. (3) How much useable open space exists. Ms. Thompson stated there is an ordinance requirement for useable open space of 20 percent for each of the designated lots. (4) Is the Conditional Use Permit applied for at the same time as the Concept Plan. Nielsen explained the applicant has applied for a Conditional Use Permit. The issue before the Council is consideration of concept stage approval only. The Conditional Use Permit is not issued until the final plan is approved. (5) The Conditional Use Permit which was given to Lan-De-Con will expire. If Lan- De-Con sells the property and the Conditional Use Permit expires, the land will revert to the R-IA zoning which was in place prior to that Conditional Use Permit. (6) If the property reverts back to R-IA zoning, this would result in a fewer number of units which could be built on this site. (7) Compatibility with the surrounding neighborhood. Ms. Thompson did not feel this project is compatible with the surrounding area given the fact it was previously a tree farm. (8) Can the use be accommodated by the existing traffic, sewer and water capabilities. Ms. Thompson noted there is a problem with the existing water flow. (9) Increased traffic flow. (10) The setbacks are 10 feet short on two sides and if approval is granted, a map reflecting the correct setbacks would need to be submitted. (11) At least one unit is in the wetland. Ms. Thompson expressed concern members of her neighborhood are continuing to come back to the City to raise these issues and she asked that the Council address them. Ms. Thompson commented on the campaign promises which were made and recited a quote from Councilmember Garfunkel relative to high density housing. She requested a unanimous vote rejecting this request. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 4 With respect to swapping park land, Attorney Dean explained most cities have rules if land is acquired through dedicated park funds for park purposes and later disposed of, the money realized from the sale must go back into the park fund. In addition, there are rare instances in which the city does not actually own their park but has received a limited purpose bequest or donation of land which reverts to the donor if the land ceases to be used for a particular purpose. That, however, is a very rare occurrence. Councilmember O'Neill questioned whether the City should obtain an appraisal. Attorney Dean responded it would be prudent, however, there is no requirement in the law that the swap be for greater than equal value. Relative to useable open space, Nielsen stated 29 percent has been tabulated for the site. There is some confusion as to how the land will be subdivided. A minimum of 20 percent of the project will be open space and this figure cannot include driveways or buildings. With respect to the Lan-De-Con Conditional Use Permit, Nielsen was unable to recall a rezoning and noted his belief the zoning goes back prior to the request of Lan-De-Con. He will investigate this matter. Acting Mayor Stover stated compatibility for the neighborhood has generally been considered to . mean that it is a similar use and not terribly unusual. Acting Mayor Stover stated the property is openly on the market for sale and could be developed in many ways, including under the current zoning which would still result in increased traffic and increased use of water and sewer systems. Nielsen addressed the issue of setbacks and was uncertain where the setbacks were short other than the Eureka Road side which will be moved to reflect the new right-of-way rather than the existing. Acting Mayor Stover noted the actual location of the buildings will not be determined until the next stage of the process. Ingrid Schaff, 25605 Smithtown Road, stated she is very much in favor of the proposed project. Ms. Schaff produced a flyer which she had received opposing the project. Councilmember McCarty requested copies of the flyer for review by the Council. Ms. Schaff expressed concern relative to Mayor Dahlberg's letter and felt he should have been in attendance at the public hearings which were held. She stated this is not Section 8 housing and she did not feel seniors should have . to move out of Shorewood. Steve Frazier, 6125 Seamans Drive, stated no one on Seamans Drive received notice of the public hearing and he stated he did not appreciate being left out of the hearing. Acting Mayor Stover pointed out notices were sent farther than the required notice area. Mr. Frazier stated he produced the flyer referenced by Ms. Schaff and stated the Shorewood One Homeowners Association has been in effect since the last development. Mr. Frazier addressed the issue of compatibility and felt there must be compatibility with the zoning, square footage and the homes in the area. He did not feel the number of proposed units to be compatible with the area. He felt the area next to Seamans Drive will be the next target which will impact the Seamans Drive neighborhood. Mr. Frazier raised concern relative to traffic and stated a city street has been planned which will be brought to the entrance of the development. He also commented on the corridors to Highway 7 which are going to be closed. Acting Mayor Stover explained the corridor closures are the result of a Highway 7 corridor study which was sponsored by MNDOT. These closures will occur whether or not any development occurs. and have nothing to do with the development. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 5 Mr. Frazier stated he is opposed to any swapping of park land. He stated he entered into negotiations with Frank Kelly relative to Freeman Park. The agreement was to swap Mr. Kelly's land in exchange for his sewer assessment. Mr. Frazier recalled the agreement prohibits any future Council from selling off Freeman Park or swapping any of the land. With respect to zoning, Mr. Frazier urged the Council not to split the zoning on this project. He also raised the issue of light intrusion. In addition, Mr. Frazier felt there to be a safety issue with only one entrance into the project. Mr. Frazier asked the Council to reject the concept plan and not subsidize or reduce any of the fees for the project. In addition, he asked that no variances be granted. Councilmember O'Neill asked for an explanation of why the fees can be reduced. Nielsen explained the basis for that provision in the ordinance is that seniors have a lessor impact on an area than family housing would. In addition, the people per unit is typically lower as is trip generation and use of sewer and water. In recognition of the lower impacts, the fees for senior housing are reduced. It was also included as an incentive to do senior housing. . The reduction in fees would apply only to sewer and park dedication fees. The water assessment is $5,000 per unit or $20,000 per building if municipal water is utilized. Other options would also be available such as owning and operating their own system or connecting to Chanhassen. Sara Lansela, 5925 Eureka Road, urged the Council to take a close look at the wetland delineation which is being staked and keep in mind the amount of drainage which goes into this wetland. She explained the parcels which the City intends to swap are integral to this drainage. Acting Mayor Stover stated this matter will be investigated. Acting Mayor Stover recessed the meeting at 9:27 p.m. and reconvened at 9:35 p.m. Mr. Gleason stated a wetland delineation has been completed. In the concept stage a delineation is not called for and there are issues which need to be addressed and changes made. He explained the park land swap is not something that has to be done, however, it seemed to make sense. The swap is not necessary for the developer in order to proceed with the project. Mr. Gleason stated at this point he is not looking for final approval. . Planning Commissioner Turgeon addressed the requirements of a concept plan. She noted the concerns which are being raised are not new and no additional information has been submitted which the Planning Commission did not have. The issues of wetland delineation, drainage and traffic are all addressed in the recommendation made by the Planning Commission. The development cannot proceed any further until those concerns have been addressed or mitigated. Bob Gagne, 24850 Amlee Road, commented changes will continue to occur and if they had not been made, Shorewood would not be developed to the point it is now. He felt most seniors would be happy living close to the park. With respect to the issue of water, whether a person is for or against municipal water, the City has a current water system which will receive 80 more people who are paying for it. Alvin Wagner, 25720 Old Highway 7, Excelsior, explained he farmed this property and the ravine is not a wetland, but was constructed by him. He explained water will run where the land is low and he has ensured a low area to accommodate drainage. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 6 Debra Borkon, 5590 Shore Road, Shorewood, stated this is a very difficult issue, one that has been examined for a very long period of time. Residents in the area have reason to be concerned about the surrounding property and how it will impact their property and how it will affect them. She commented that as the Comprehensive Plan stands now, one stated goal is to develop senior housing. Ms. Borkon stated it is important that the Council recognize they are here as community representatives and the issue has to do with the community and its development. Ms. Borkon stated the issue of senior housing also has to do with children, the way they live in the City, how they mature into adults, possibly relocating here with their family, maturing and possibly wanting to stay here. She stated this is a cycle which is important to the community. This type of housing completes the circle and creates an integral part of the circle which needs to be looked at in more serious way. Ms. Borkon stated with careful planning through the concept stage, these issues can be addressed in a way that is acceptable. She noted approximately nine seniors who are in favor of the project had to leave during the break given the lateness of the hour. Cory Nelson, 5980 Seamans Drive, felt the major issue to be compatibility~ He felt the traffic study needs to be addressed now to see if the concept really works. Mr. Nelson felt more study could be done and 20 units would be workable. He felt the people who are in favor of this project . do not live in the area. Mr. Nelson commented if there are not services provided on site, the traffic will be closer to that of a townhome development. George Greenfield, 24715 Yellowstone Trail, stated he lives in the area and is in favor of the senior project. He felt the problems the neighbors claim the project will generate are no different than what the other developments generate. Mr. Greenfield stated it is healthy to have community where people are at all stages of life. Mr. Greenfield felt there are those who would like to make Shorewood a gaited community for only those who earn in excess of $250,000. Mr. Greenfield remarked the Council only needs to ensure the developer is qualified and will do a quality job. Bud Koch, 22845 Murray Street, expressed concern relative to how many people will be able to afford to purchase a home in this development. Mr. Koch stated he lives in the area and feels this project to be compatible with the area. He remarked the density and compatibility are more consistent with the surrounding area than a two or four story building would be. With respect to traffic, Mr. Koch stated he cannot recall when there has not been a traffic problem in Shorewood. He commented when one problem area is solved, a problem is created in another area. Mr. Koch stated there is no housing available in Shorewood for seniors. Of the senior housing available in other areas, there is an issue of affordability. . Kathy McDougle, 25425 Mann Lane, questioned who will determine when the conditions have been met satisfactorily. She felt the issue of traffic must be addressed prior to approving this project. Ms. McDougle felt it to be demeaning to refer to seniors in the sense of traveling less and using less utilities. Ms. McDougle presented the Council with a Petition asking that an environment assessment worksheet be completed. Bill Hardenberg, 5960 Seamans Drive, felt the Seasons development to be a senior housing development and stated there are five units available. There is a total of 24 units with 5 units remaining vacant at this time. He felt if there were a demand for senior housing, these units would be filled. Mr. Hardenberg stated there are two roads entering and exiting the Seasons project, resulting in one exit for 12 units. The proposed development plans on one outlet for 80 units which he felt would result in a tremendous increase in traffic. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 7 Mr. Hardenberg recalled the model unit at the Seasons contained signatures of everyone who has visited the project. There were 90 signatures since the fIrst of the year consisting of one signature from Shorewood, six from Excelsior and 83 from out of town. Acting Mayor Stover pointed out the units at the Seasons are for residents 55 and over and sell for a much higher price. Keith Monjack, 6140 Pleasant Avenue Shorewood, felt this to be a wonderful project, but too many units on a small piece of land. He felt if half as many units were proposed, the neighborhood would fInd it acceptable. Mr. Monjack stated the senior population is not one particular group of people with one set of needs. He pointed out many are still working and many travel more than some other groups of people. He felt it would be appropriate to add another entrance given the number of units. . Jim McDougle, 25425 Mann Lane, commented on the Seasons project and noted $185,000 to be the base price. He stated he is not against senior housing, but is against high density for this area. Mr. McDougle commented there is an issue with density no matter what goes into this area because roads, water and traffIc are impacted by this density. He felt the neighborhood would be in favor of something closer to 50 units. Mike Agnew, 6065 Eureka Road, asked if this is a second home being subsidized for the seniors when they leave during the winter months. He expressed concern relative to closing the exit out of Freeman Park. Mr. Agnew stated the density on Eureka will be increased even though it is already dangerous. Mr. Agnew was upset he had not been notifIed of the public hearing. He stated he is opposed to senior housing in Shorewood and felt it should be addressed in cooperation with other municipalities. He did not believe any of the requirements of the study are being met by this project. Councilmember O'Neill explained that MNDOT is closing the exit to Freeman Park and this is being done because of the bend in the road which MNDOT has determined to be unsafe. Paul Plate, 25405 Mann Lane, felt high density results in more traffIc and results in a danger to children in the area. . Jim Merdes, Glenn Lake, stated he is a former resident who would like to return to Shorewood. With respect to high density, he suggested the residents view the project in Brooklyn Park which is on the same acreage and does not reflect high density. Mr. Merdes commented he does not come and go during peak hours because he doesn't have to. Mr. Merdes urged the Council to consider the needs of the future for higher density, less square footage, and maintenance free housing which allows the leisure to do what you want. Acting Mayor Stover closed the public comments at 10:31 p.m. Councilmember McCarty commented on promoting the quality of life and asked that everyone consider who built the community. If affordable housing can be provided, she stated she would like the Council to do it. Councilmember McCarty pointed out Dial-A-Ride services are available and she did not feel the seniors will be isolated. The Planning Commission and previous Councils have considered this type of project and she stated she would vote in favor of the project. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 . PAGE 8 Councilmember Garfunkel did not feel anyone on the Council to be opposed to senior housing. He stated there is a need for senior housing, however, the question is whether this is the right project and the way it should be done. Councilmember O'Neill commented that although he is opposed to high density, the seniors who have given their support to the project have moved him greatly. He noted there are many issues which need to be addressed and he would like to further investigate this matter. He did not feel prepared to vote on this issue at this time. Acting Mayor Stover preferred the reference to lifestyle change rather than senior housing. She noted previous Councils have been very supportive of the concept of senior housing in Shorewood. The problems which need to be addressed will be worked out in the development stage of the project and will come before the Council again for approval. Acting Mayor Stover explained if the project is stopped now, there is no option to look into it to see if it is a possibility. She commented when addressing affordability, a dollar figure should be utilized rather than the word "affordable." Acting Mayor Stover stated she very strongly supports this project and, if it is approved, it will . come before the Council in three weeks at which time the Mayor will be in attendance. Councilmember McCarty requested the Fire Marshal be consulted relative to whether or not one entrance is adequate for the development. She also pointed out she lives in the area and would be affected by this development as well. Acting Mayor Stover pointed out the City has always tried to accomplish a number of objectives in cooperation with other communities and did not feel it was ever intended the project would be exclusively for Shorewood. McCarty moved, Stover seconded directing Staff to prepare Findings of Fact regarding Concept Plan Review of Planned Unit Development for Senior Housing Community for Eaglecrest Northwest, 25600 Highway 7 and 6140 Eureka Road. Motion passed 3/0. (Councilmember O'Neill abstained.) There was a request from the audience for public input at the time this matter is next considered. Councilmember Garfunkel stated he would hope the public input would be for the purpose of . presenting new information. Acting Mayor Stover recessed the meeting at 10:47 p.m. and reconvened at 10:54 p.m. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION AND LEVYING FOR WATERMAIN SPECIAL ASSESSMENTS. MARSH POINTE (This item was removed from the agenda and replaced with the following.) CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION FOR LEVYING OF WATERMAIN SPECIAL ASSESSMENTS, DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR MARSH POINTE SUBDIVISION Attorney Dean explained the Assessment Hearing has been set for October 27, 1997, at 8:00 p.m. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 9 McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97-80, "A Resolution Accepting a Petition for Levying of Watermain Special Assessments, Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment Roll and Ordering an Assessment Hearing for Marsh Pointe Subdivision" Motion passed 4/0. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION RECOMMENDING TO THE MINNEHAHA CREEK WATERSHED DISTRICT DENIAL OF A VARIANCE REGARDING PROPERTY KNOWN AS 5400 EUREKA ROAD Mr. Evan Meline, P.O. Box 14, Wayzata, was in attendance. He explained he has an option on the property and he felt that to be acceptable to the Watershed District. Mr. Meline was opposed to the wording of the resolution based upon the engineer's findings and those of the landscape architect. Mr. Meline stated there is only one tree which will be removed rather than extensive tree removal as referenced in the resolution. . Councilmember O'Neill pointed out a property line survey has not been completed and it is difficult to determine where the mitigation is going to be. Mr. Meline stated the property line in marked on the plan and commented it may not be marked on the property because some of the neighbors may have moved the stakes. Councilmember O'Neill pointed out Mr. Meline has placed property stakes on Councilmember O'Neill's property which are across the property line. Nielsen stated the last plans the City has received clearly indicate they are not a boundary survey. Attorney Dean explained each of the points raised in the resolution were points mentioned at the informational meeting of September 15, 1997. These issues were addressed by individuals at that meeting and stated facts such as the ones indicated in the resolution did exist and because of those concerns, the Council directed this resolution be prepared putting the Watershed District on notice of those concerns. . Mr. Meline asked that the record reflect the statements in the resolution are summarily incorrect and that the City has no engineering facts, simply opinions. Attorney Dean suggested when Mr. Meline address the Watershed District that he be able to support his comments with engineering data and other supporting materials. Acting Mayor Stover did not believe any of the statements were made in absolute fact, but are issues the City would like the Watershed District to address. Attorney Dean felt the resolution to be a reasonable interpretation of the information which was presented at the informational hearing. Greg Larson, 25535 Orchard Circle, noted he had requested the City to join with the neighborhood association in asking the Watershed District to reject the mitigation plan. Mr. Larson explained the permit being requested has many damaging aspects which include the damage which occurs through the filling process. A long strip of natural vegetation will be eliminated. A variance is also requested relative to driveway buffer requirements. Mr. Larson stated if the Watershed District does approve the plan, the neighborhood group will legally appeal that decision. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 10 Councilmember O'Neill felt there to be a fair amount of vegetation which will be eliminated for the mitigation. Garfunkel moved, O'Neill seconded adopting RESOLUTION NO. 97-81, "A Resolution Recommending to the Minnehaha Creek Watershed District Denial of a Variance Regarding Property Known as 5400 Eureka Road." Motion passed 4/0. 9. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE . ESTABLISHING A SPEED LIMIT ON THE LRT (REGIONAL TRAIL) It was noted two suggested ordinances have been prepared for Council consideration, one for 10 mph and one for 15 mph. The other option is to leave the speed limit at 20 mph as currently set. Councilmember O'Neill stated that having talked to Officer Keller as well as a number of residents and the prosecuting attorney, he would be in favor of leaving the speed limit at 20 mph, but would suggest following the prosecutor's recommendations that any speed over 5 mph be prosecuted. It was pointed out only one citation was contested and it was indicated that was not for speeding. Acting Mayor Stover noted it would be necessary to re-educate the public to a new speed limit. In addition most of the citations where issued to nonresidents. Councilmember O'Neill suggested . using larger signs. Councilmember Garfunkel felt the speed limit should be set where the Council wants it and enforce it and not set it at a lower speed with the hope of achieving a particular speed limit. Duane Laurila, 5595 Eureka Road, did not feel snowmobiles should be on the trail, however, if they are permitted, then A TV s should also be allowed. He did not feel the trail to be a safe environment in which to walk. Mr. Laurila felt no matter what the speed limit is, the issue is whether the police will enforce this speed limit. Councilmember O'Neill stated this has been addressed and this will not be an issue this year, however, he stated he will not try to second guess the officer who is out and dealing with a particular case. Mr. Laurila felt the speed limit should be set at 10 mph. . Acting Mayor Stover noted the speed limit on the streets for snowmobiles is 10 mph. Dave Wright felt the police to be doing their job. He felt the survey reflected most people in Shorewood still want snowmobile use on the trail. Mr. Wright felt four or five people to be doing . 90 percent of the complaining. He felt 20 mph to be an appropriate speed. Mr. Wright felt that pedestrians are the only ones who are safe on the trail. Councilmember O'Neill suggested Chief Young be advised to enforce at lower speeds than last year and follow the suggestions of the prosecutor. It was the consensus of the Council to leave the speed limit as currently set at 20 mph. A . Consideration of a Motion to Authorize a Contribution of Funds to the Mound Fire Department for the Purchase of a Night Vision Iris Stover moved, McCarty seconded authorizing a contribution of $455 to the Mound Fire Department for the purchase of a Night Vision Iris. Motion passed 4/0. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 11 10. . ADMINISTRATOR & STAFF REPORTS A . Staff Report on Development Monitoring Watten Ponds Nielsen reported preliminary tree preservation plans have been received for some of the lots in Watten Ponds. Two were approved, modifications were requested on one and one was rejected. It is anticipated construction will begin in the next several weeks. The developer of the Watten Ponds project has requested a reduction in his Letter of Credit. This is being held pending his repair of tree protection fencing where indicated by staff. This has not been completed, therefore the Letter of Credit is being held and will not be released until he complies. Smithtown Meadows . Nielsen reported a letter will be sent within a day or two advising the developer that he is in default of the required improvements aspect of the development agreement and, therefore, his Letter of Credit will not be released. If the developer does not complete the work, the City will take this over. The work remaining includes site restoration and landscaping. Shady Island Bridge . Engineer Brown reported on the Shady Island Bridge. Construction is proceeding and half of the bridge has been removed. During this time of construction, the bridge has been reposted for very light loads. Brown noted the school district has complied by utilizing van transportation. He noted refuse collection could be affected by this restriction, however, notices have been sent out to keep the residents informed. Brown noted emergency vehicles will be able to access the bridge. The Fire Department was advised to travel slowly and there should not be a problem. Brown reported in looking at alternatives for removing the old pilings, it may be necessary to close the bridge to traffic for four hours. The residents will be notified and preparations will be made relative to safety and emergency situations which could arise. Acting Mayor Stover asked whether a temporary sign could be posted to inform the residents of this closure. Brown stated a large road sign indicating the date and time will be posted. Notices will be mailed as well. Brown stated there is a concern for homeowners who heat with oil or LP gas and accommodations will need to be made. Councilmember Garfunkel questioned whether the four hour closure could expand into a larger amount of time. Brown stated this will not be allowed to occur. Brown also stated alternatives have been considered, however, they would add up to significant change orders. B . Regional Forum of Local Officials Hurm announced the Regional Forum of Local Officials will be held on Monday, September 29, 1997, at the Southshore Senior Community Center from 7:00 p.m. to 9:00 p.m. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 12 11. MAYOR & CITY COUNCIL REPORTS Acting Mayor Stover stated she would like to have the issue of meeting with the trail residents added to a Council agenda. Councilmember McCarty stated it is too late for this season, but this should be considered prior to the 1998/1999 season. 12. ADJOURNMENT Garfunkel moved, O'Neill seconded adjourning the meeting at 11:50 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . . .. . . To: From: Date: Re: Mayor and City Council James C. Hurm, City Administrator II- October 9, 1997 Agenda Item #3A - Boundary Markers for City Property North of Silverwood Park Several years ago the City removed from its trail plan a proposed turf trail between Silverwood Park and Shady Hills Road. This was petitioned by neighbors in the area. One of the Park Commission's priorities over the last several years has been to have property markers placed along the City boundary so that we can easily identify where the City property is. We will send the attached draft letter to neighbors in the area so they are aware that survey crews will be in the area and placing 24 to 30 boundary markers. The markers used will be 3 inch plates on the ground rather than stakes. Therefore, other than the actual placement of the plates, there will be no intrusion near the yard areas of our neighbors. The amount of the agreement with OSM is not to exceed $4,400. i;3A , - .. .. 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.netlshorewood. cityhall@shorewood.state.net October 9, 1997 Current Resident Shorewood, MN 55331 Re: Marking of the City Property Adjacent to Your Property Dear Resident: . On July 15, 1996 the City of Shorewood sent letters to property owners who are adjacent to publicly owned land stating that the City was going to begin marking the property boundaries which define these parcels (refer to attachment 1). Your property is one that is adjacent to one of these areas. After a lengthy delay, theCity will begin to mark these properties with a survey marker. This marker consists of a metal rod 24 inches in length with a metal disk which is approximately two and one half inches in diameter and will have imprinted on the disk "City of Shorewood Park Property" This rod and disk will be installed along the property boundary flush with the ground such that it will not interfere with mowing or normal lawn care duties. The City's surveyor, OSM and Associates will be out in the field installing these survey markers. The installation of each marker should not take very long with little disturbance to the ground. . If you have any questions regarding the installation of these monuments, do not hesitate to contact either James Hurm, City Administrator at 474-3236, or Paul Hornby at OSM Associates at 595-5696. Sincerely, CITY OF SHOREWOOD Larry Brown, PE Director of Public Works A Residential Community on Lake Minnetonka's South Shore OCT-09-1997 10:26 & Associates Engineer. Arehltecls Planners Surveyors . . l:::::=::::::I 1922.1997 P.02 October 9, 1997 Mr. Larry Brown, P.E. Director of Public Works City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Monumentation of the WaterfordlSilverwood Nature Trail Dear Larry: We are writing to provide a proposal for surveying services for the monumentation of the park property from SilvelWood Park to Broms Boulevard, adjacent to the Waterford developments. As we discussed, our proposal includes monumentation with a Bemtsen FENO drive-in spike survey mark, 24-inches in length with an aluminum cap inscribed with .City of Shorewood, Park Property" or similar marking. The tasks for survey marker installation include placement of a marker at each point of deflection of the property line along each side of the park property boundary and placement of intermediate points to allow for ease of location for maintenance purposes. The following tasks are proposed for the installation of 30 FENO markers: Locate existing property monuments along the park property and replace them with a Berntsen FENO marker at primary angle points of the park property corridor. Locate existing property monuments along the park property corridor and replace them with a Bemtsen FENO marker at selected intermediate points. Place select critical monuments for park property identiftcation (to a maximum of four monuments) where the existing property monument is not found. Order 30 Berntsen FENO monuments along with the installation tools for the 24. inch marker. Obtain the platting information required to locate the existing property monuments and to place up to four monuments that are not found. We propose to provide these tasked services, on a cost-plus, not to exceed basis, of $4,400. H:\97009.00\Civil\Corr\100897..PSL 300 Park Place East 5775 Wayzata BouleVard MIn....polls, MR 55416-1228ø612-595-5775 FAX 612-595-5773 1...aoG-753-5775 OCT-09-1997 10:27 P.03 If you have any comments or questions regarding this proposal please do not hesitate to contact me at 595-5696. Sincerely . ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ,,-~\ Paul T. Hornby. P.E. ) Project Manager PTH/med H :\97000 .OO\Civil\Con'\lOO897.PSI. TOTAL P.03 . . . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the City Council has levied for, and budgeted the transfer of monies for capital improvements and purchases in its 1997 General and Capital Budgets. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the following amounts are hereby authorized to be transferred between the following funds: TRANSFER FROM General Fund General Fund General Fund General Fund General Fund Street Reconstruction Fund Street Reconstruction Fund Street Reconstruction Fund Public Facilties Fund TRANSFER TO Equipment Replacement Fund Street Reconstruction Fund Park Capital Improvement Fund Capital Reserve Fund Stormwater Mgmt Fund Trail Fund Strawberry Lane Reconstruction Fund Shady Island Bridge Reconstruction Fund Trail Fund AMOUNT $109,395 290,000 20,000 15,000 10,000 10,500 10,000 360,000 15,000 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of October, 1997. ATTEST: Tom Dahlberg, Mayor James C. Hurm, City Administrator/Clerk '38 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 MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator . FROM: JJiY Larry Brown, Director of Public Works DATE: October 8, 1997 RE: A Motion to Adopt a Resolution for 1997 Overlay Projects The bid opening for this project is scheduled well after the deadline for the printing of the City Council packet. Therefore, the original plan was to present the results of the bid tabulation for award at the City Council meeting. . However, at the time of this report only one contractor had picked up plans to bid on. Staff's inquiries to seek out other contractors for bidding has received feed back that this is a boom year for contractors, and that their work schedule already full for the year. If in the instance that there is still only one bid received, it would be recommended that the bids be rejected and re let in March of 1998. The results, and the appropriate resolution will be presented at Monday night's meeting. 5~ A Residential Community on Lake Minnetonka's South Shore . .. CITY OF SHOREWOOD 5755 COUNTRY CLUB, ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128. www.state.neVshorewood. cityhall@shorewood.state.net MEMORANDUM . TO: FROM: DATE: Mayor and City Council Brad Nielsen 9 October 1997 RE: Sign Permit - Rapid Oil FILE NO. Property - 19465 State Highway 7 Crosstown Sign Company, on behalf of Rapid Oil Company, has requested a sign permit to replace the existing signage at 19465 State Highway 7. The applicant proposes an approximately 5.5' x 6' wall sign for the east end of their building (see Exhibit A, attached). They also propose a new pylon sign which measures 6.75' x 9.25' (see Exhibit B). . Shorewood's Zoning Code allows businesses in the C-3, General Commercial District to have as many as three signs, the total area of which can not exceed 10 percent of the area of the building silhouette as viewed from the street. The Rapid Oil building silhouette contains 660 square feet of area (see Exhibit C), resulting in an allowable sign area of 66 square feet. The proposed wall sign contains 33 square feet and the pylon sign contains 62 square feet for a total sign area of 95 square feet. In addition to too much area, the wall sign can not extend above the roof, and the pylon sign must be limited to 20 feet in height, two feet shorter than what is proposed. Assuming that the applicant will opt for the more visible pylon sign and eliminate the wall sign to comply with the Zoning Code, it is recommended that the permit for only the pylon sign be approved subject to reducing its height to 20 feet. cc: Jim Hurm John Dean Joe pazandak Betsy Jensen AD........ ........l. A Residential Communitv on Lake Minnetonka's South Shore W .....} W \- I \!) - t\L c() ~ **= ~ Z So cn~ Wit Z~ -........ .....}...- Ow ~< ~~ 't ~ ~ N ~ ~ I_-J .. .911L. 9-,9 l..-- - u__ ---- .o-.9~ ,_' ~ ~9-.9L-- z o ~ ::> W --1 LU \- lL W --1 c() ~ % ~ Z D --1 So cn~ LUll Z~ -........ .....}...- Ow ~< ~~ '1. .. ... ~., ~ t., '...+- '. , 1(... .' , Itt. " !f; " " \_ __ ;1 'A> D. ;} ~~ 'J, .., ..~ i"~"'-"'l . . <<J ~nt'~l . ~~~--- . ) '~ \3 ,-, \l\ @-- ~ !~/i~ :~;".~=-->~ \ I . I I / ..- ' \J \;'j > 10 '\. .. nr "- - -"" '-I I- \~ ':>' " ~ ,,[ '-'7 ~ // /' ~t= .. iX -~ \. \., (j , N ~ '\ , '\Cl ,'1\ , ~ .:.\ r:r;, I, ~ ~~ <:) "- '-.CJ , \\\ --- ~ t 4'.'!l ..-' "~I ~J.'~ "'I IH (II If' ~ ~o<_. '':./ ,. -- · n~ "~'fW...I :l" ~ . l. ~ ~ ~-- Z ;0 ;~ ::> LL1 --1 LL1 \- Z '0 l)L LL c{J ~ .'~ \!) Z - D . ....J So ,en ~ . LL1 II Z~ -...... ....J~ :OLi.1 ~< _~ l) :::> <J) I lt~__ - -~ ---- ..- .Q-.m ~~ .9 ~ .9Vl 9-.9 ~ ; .... t", ;. \ y ~..~ "2- .1' ~~a O~.l \,,-, . . LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LMCIT EXCESS LIABILITY COVERAGE Cities obtaining excess coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory liability limits to the extent of the excess coverage purchased. This decision must be made by the city council. CITIES PURCHASING EXCESS COVERAGE MUST.COMPLETE AND RETURN Tl:lIS FORM TO LMCIT BEFORE THE EFFECTIVE DATE OF THE COVERAGE. For further information, refer to the accompanying memo. City officials may also want to discuss these issues with the city attorney. The City of SH::JlEWXD accepts excess liability coverage limits of $ l.CXXl.CXXl. from the League of Minnesota Cities Insurance Trust. Check one: -L The city DOES NOT WAIVE the monetary limits on tort liability established by Minnesota Statutes 466.04. - OR- The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. Date of city council meeting: . Signature: Position: Return this completed form to: Berkley Risk Services, Inc. 145 University Avenue West St. Paul, MN 55103-2044 LMCITAPP:'.l (!!96) PAGE 2 OF 2 ::#= 3 E 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 individual is hereby appointed with the term to take effect immediately upon the passage of this resolution and shall expire as indicated herein: Term First Expires Organization Appointee Appointed 3/15/00 American Legion Donald Kronberg 6/96 . 3/15/00 Minnetonka Community Education Tad Shaw 7/94 3/15/00 At Large Gordon Lindstrom 7/94 3/15/99 Tonka Football Association Jim Wilson 5/96 3/15/99 South Shore Softball Scott Hanson 7/94 3/15/99 Senior Representative Robert Noren 5/96 3/15/99 Shorewood Park Commission Ken Dallman 7/94 3/15/99 At Large Bill Keeler 9/94 3/15/98 South Tonka Little League David Steinkamp 3/95 3/15/98 Tonka United Soccer Missy Carbonneau 10/96 3/15/98 Tonka Men's Club Jim Lattemer 7/94 3/15/98 Shorewood Park Commission Ann Packard 9/97 3/15/98 At Large Charlie Cox 3/95 . N on-Voting, City Administrator James C. Hurm 7/94 Non-Voting, City Councilmember Jennifer McCarty 4/95 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of October, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator ;tt3F , '.i..-..~...,.,.,~. ", ,~:. . .. ay~of Minnesota ~..: .. '';'''''-'. ,.-,'. :INDEPENDEH.p~.C()RRACTOR SERV:rCES AT '"';"i{~~~If:~,~tt:l~:;:~,.,j:~ .'~tr--,:',-~2'--':_ff!lZ~!:_:~: .. .' ':~';:i-: ~',..:.-::,::__ THIS INDEPENDENT ..CONTRAC!OR,..AGREEMEN'J!;~2;.ma.de;t?_s; , 19_, by and..between\THE. CITY/. O!';;'S:a:ORm'lOOD;Lia' municipal City, (the City) and Senior Communi tv Services ===(theContractor). -(.t,',>:--;' 'X-':1: '..(\: ."-">';.~"; ',' j INTRODUCTION: . ";1";'; .-,.:.; WHEREAS, the City is a Minnesota-municipal City engaged in the .) business of providing municipal services; and WHEREAS, the City desires to retain the Contractor to provide Janitorial Services bv Drew Kriesel, 5425 Howards Point Road, Shorewood, Minnesota, and both parties desire to enter into an agreement for such services upon the terms and conditions contained herein; and WHEREAS, the Contractor will, pursuant to this agreement, render . services in the cours.e of an independent occupation representing will of the City only as to the result of th~ work and not as means by which it is accomplished. NOW, THEREFORE, in consideration of the mutual promises contained herein, IT IS HEREBY AGREED: 1.) Term - The term of this Agreement shall cormnence on the date hereof and shall continue throuah December 31, 1998 for a period of t,.el"v.c (12) months unless terminated earlier as provided herein by Section 7. The parties may extend the term for an additional twelve (12) month period by written agreement. . 2.) Extent of Services The Contractor is free to devote time, attention and energy to other businesses in which the Contractor may be engaged. The Contractor is not in any way granted an exclusive right to undertake janitorial services for the City. (a) The Contractor will be paid $230 .00 per The Contractor will be responsible for billing the City monthly basis. (b) .The Contractor will perform all services listed on Exhibit A and attached hereto. (c) The Contractor will coordinate work with the Executive Secretary/Deputy Clerk. (d) The Contractor is responsible for all costs associated necessary cleaning supplies, equipment and required insurance. (e) The Contractor will be available for on an on-call basis when available. -, 4.) Remuneration- Subject to the prov~s~ons Ci ty agrees to pay the Con tractor $ 230 . 00 ,. per accordance with the City's general payment practice. 5.) Tools and Transnortation - The C6r.J.tr~ctor is responsible and will provide, all necessary tools and transportation in connection with the performance of any work for the City. 6 ) Performance - The Contractor agrees to perform all work professional manner and in accordance with industry standards. 7.) Termination - In addition to expiration of the term specified in Section 2, the Contractor or the City may unilaterally terminate this Agreement for any reason. Such termination shall be effective upon receipt of written notice by the non-terminating party. 8.) Contractor's Obliaations Unon Termination - Upon termination of this Agreement for any reason, the Contractor shall immediately return to the City all property and records of the City in his/her possession and discontinue further representation of himself/herself as an independent contractor of the City '-';"", ,.-,-. .... :. . . 9.) Nature of Relationshin - The Contractor shall conduct his/her business as an independent contractor, and not as an employee of the City, for all purposes including, but not limited to, federal tax and unemploYment insurance purposes, Neither the City nor the shall be responsible by any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of the Contractor business or caused by the Contractor I s actions, .' failure to act, conduct, or negligence. The Contractor agrees to indemnity and hold the City harmless for any such act, failure to act, conduct, or negligence pursuant to Section 11 of this Agreement. As an contractor, the Contractor shall be responsible for the payment all income or other taxes incurred as a result of remuneration to the Contractor. The Contractor shall also be solely responsible for providing workers compensation insurance. Finally, as an independent contractor, the' Contractor shall not receive any of the fringe benefits or participate in any of the plans, arrangements or distributions that the City provides to its employees. 10.) Worker's Comoensation Insurance - The Contractor agrees to maintain, at his/her own expense, worker's compensation insurance fully protect both the Contractor and the City from any and all claims for injury or death arising from the performance of. this Agreement. The Contractor agrees to waive, and does hereby waive, responsibility of the City to provide Worker's Compensation Insurance to the Contractor, 11.) Indemnitv - The Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from the Contractor's actions, failure to act conduct, or negligence while performing services pursuant to this Agreement. The Contractor shall indemnify costs and expenses incurred in connection with any such claim, or in connection with any action or proceeding brought thereon, including attorneys' fees and expenses. Upon notice by the City, the Contractor shall defend the City in any such action or proceeding. 12.) Entire Aareement - This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning the Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements between the parties relating to the subject matter of this Agreement. 13.) Severable - In the event any portion of this Agreement shall be held to be invalid, the same shall.not affect in any respect whatsoever the validity of the remainder of this Agreement. 14.) Bindina Effect - This Agreement shall be binding upon and inure to the benefit of all the parties hereto, their heirs, executors, administrators, permitted assigns and successors in interest. . 15.) Notices - Anynotice required or permitted to ,be given under this' Agreement shall be sufficient if in writing and sent by registered or certified mail to the Contractor's residence or to the principal office of the City, whichever shall be applicable. IN WITNESS . WHEREOF, the parties have executed this Agreement on the day and year first above written. THE CITY: THE CONTRACTOR By: . James C. Hurm Its: City Administrator Approved as to form by Dated John DeanTimothy Kcanc, City Attorney . '- Exhibi t A Janitorial Services Contract Dated: The Contractor shall permit the following services in the timeframe described: Areas to be Cleaned Include: o Entrance and Reception Area o General Offices o Private Offices o Washrooms o Kitchenette o Closet o Council Chambers . Duties will include the following: Weekly: + Vacuum all carpeted areas, including stairs to basement. + Sweep and mop all hard floor surfaces. + Dust office equipment and furniture. Desk tops if accessible. + Clean and sanitize restrooms and water fountain. + Clean main entry door glass areas. + Wipe all counter work areas. + Empty all waste baskets and recycling bins. + Spot cleaning of carpet. Notify staff if unable to remove a spot. + Mid-week cleaning of foyer and reception area (especially during winter months) . . Monthly: + Dust blinds and window sills. + Vacuum fabric chairs. + Polish all wooden chair arms, conference tables, lobby tables, and Council Chamber dais table. Quarterly: + Clean ceiling light fixtures. + Wipe baseboards and all ledges. As Needed: + Defrost refrigerator. + Clean entry announcement boards and metal door framing. ..... ...-. -. ., l:NDEPENDEHT CON'1'R..'^.C'1'OR CITY OF SHOREWOOD AGREEMENT FOR SKATING RINK SUPERVISORY THIS INDEl?EHDEHT CON'!'R.......CTOR AGREEMENT, made this December, 199~, by and between THE CITY OF SHOREWOOD, a Minnesota municipal City, . (the City) and Senior Community Services === (the Contractor). INTRODUCTION: WHEREAS, the City is a Minnesota-municipal City engaged in the business of providing municipal services; and . 1.) Term - The term of this Agreement shall commence on the hereof and shall continue for the 1997-19986 1997 ice skating commencing on or around December IS, 1992~and ending March I, 199~~ unless terminated earlier as provided herein by Section 6. WHEREAS, the City desires to retain the Contractor to provide Rink Attendant and Warming House Supervision Services bv Drew Kriesel, 5425 Howards Point Road. Shorewood. Minnesota. and both parties desire to enter into an agreement for such services upon the terms and conditions contained herein (the Agreement) . NOW, THEREFORE, in consideration of the mutual promises herein, IT IS HEREBY AGREED: . 2.) Extent of Services The Contractor is free to devote time, attention and energy to other businesses in which the Contractor may be engaged. The Contractor is not in anyway granted an exclusive right to undertake rink attendant and warming house supervision services for the City. (a) The Contractor is responsible for the supervision of all rink attendants from 5:00 PM until 9:00 PM (Mondays- Thursdays), 5:00 PM until 10:30 PM (Fridays), 9:00 AM-10:30 PM (Saturdays), and 12 Noon until 9: 00 PM (Sundays). (b) The Contractor will monitor warming houses, checking for cleanliness, needed repairs/equipment. (c) The Contractor will monitor rink attendants, performing "spot checksR to make sure attendant is present and doing their job properly. (d) The Contractor will oversee work schedules and be prepared to attemot to find~ replacement or to UOOUIDC rink. a.ttendant dutieo in an emergency. (e) The Contractor will track ice conditions through the Public Works Department and radio/television weather reports and inform rink attendants if rink should be posted "ClosedR. (f) The Contractor will keep City Staff informed of incidents and accidents. (g) The Contractor will coordinate work with the Parks Secretary and Executive Secretary/Deputy Clerk. . (h) The Contractor is responsible for all costs associated with providing this service other than those specifically provided for in this Agreement. (i) The Contractor shall prepare a daily Shift Report indicating the time at which contacts were made at each of the three rinks, and any other relevant information. These shift reports will be given to the Parks Secretary on a weekly basis. I . I . 3 .) Reauirements (a) The Contractor shall be able to: Lift 25# above shoulder; push, pull, and carry snowblower, shovel, hockey nets or vacuum cleaner; and bend, stoop, reach. (b) Contractor shall have the ability to handle people tactfully and effectively. (c) The Contractor shall be able to handle an emergency situation. (d) The Contractor will be able to accurately maintain records. (e) The Contractor shall be at least 19 years of age. 4.) Remuneration - Subject to the provisions of Section 6, . said City agrees to pay the Contractor $12..2.00.00 per.week in accordance with the City's general payment practice for consulting work. The Contractor will be responsible for billing the Cityaftcr thc complction of each r..'cclc. 5.) Tools and Transoortation -The Contractor is responsible for, and will provide, all necessary tools and transportation in connection with the performance of any work for the City. 6.) Performance - The Contractor agrees to perform all work professional manner. 7.) Termination -In addition to expiration of the term specified in Section 1, either party may unilaterally terminate this Agreement for any reason. Such termination shall be effective upon receipt of written notice by the non~terminating party. 8.) Contractor's Obliaations Uoon Termination - Upon termination of this Agreement for any reason, the Contractor shall immediately return to the City all property and records of the City in his/her possession and discontinue further representation of himself/herself as an independent contractor of the City 9.) Nature of Relationshio - The Contractor shall conduct his/her business as an independent contractor, and not as an employee of the City, for all purposes including, but not limited to, federal tax, FICA, Social Security withho~ding and unemployment insurance purposes. Neither the City nor the Contractor shall be responsible by any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of the Contractor's business or caused by the Contractor's actions, failure to act, conduct, or negligence. The Contractor agrees to indemnify and hold the City harmless for any act, failure to act, conduct, or negligence pursuant to this Agreement. As an independent contractor, the Contractor shall be responsible for the payment of all income or other taxes incurred as a result of remuneration paid to the Contractor. The Contractor shall also be solely responsible for providing workers compensation insurance. Finally, as an independent contractor, the Contractor shall not receive any of the fringe benefits or participate in any of the plans, arrangements or distributions that the City provides to its employees. . 10.) Worker's Comoensation Insurance - Worker'a Compenoation Inaurance ,/ill be pro~ided ~. the City. The Contractor aarees to maintain, at his/her own exoense, worker's comoensation insurance fully orotect both the Contractor and the City from any and all claims for iniurv or death arisina from the oerformance of this Aareement. The Contractor aarees to waive, and does hereby waive,. any resoonsibility of the City to orovide Worker's Comoensation Insurance to the Contractor. . 11.) Indemnity - The Contractor agrees to. indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from the Contractor's actions, failure to act, ... .. ... conduct, or negligence while performing services pursuant to this Agreement. The Contractor shall indemnify costs. and expenses. incurred in connection with any such claim, or in connection with any action or proceeding brought thereon, including attorneys' fees and expenses. Upon notice by the City, the Contractor shall defend the City in any such action or proceeding. 12.) Entire Aareement - This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning the Contractor and the City. This Agreement supe~sedes and nullifies any preexisting agreements between the ~ parties relating to the subject matter of this Agreement. 13.) Severable - In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect- whatsoever the validity of the remainder of this Agreement. 14.) Bindina Effect - This Agreement shall be binding upon and inure to the benefit of all the parties hereto, their heirs, executors, administrators, permitted assigns and successors in interest. 4It 15.) Notices - Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail to the Contractor's residence or to the principal office of the City, whichever shall be applicable. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ~THE CITY: THE CONTRACTOR: By: James C. Hurm Senior Communi tv Servicesncbccca Tar,;in .. , CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, SEPTEMBER 16, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Pisula called the meeting to order at 7 :04 p.m. ROLL CALL Present: Chair Pisula; Commissioners Champa, Kolstad, Lizee and Turgeon; Planning Director Nielsen; Council Liaison O'Neill Absent: Commissioners Borkon and Foust. APPROV AL OF MINUTES . Turgeon moved, Lizee seconded approving the Planning Commission Minutes of August 26, 1997, as amended on Page 2, Paragraph 9, change "burming" to "berming." 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. " 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 Community. 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 RIC zoning areas and further discussion will be necessary to determine whether those units will be considered whole or half units in a specific zoning district. 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 parcel, 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 units would need to be counted so that units 38, 39, 42, 43, 46, and 47 lie wholly within the R-1A district and units 37, 40, 41, 44, 45, and 48 lie wholly within the R- PLANNING COMMISSION MINUTES SEPTEMBER 16, 1997 - PAGE 2 1 C district with half of the l:lMS in the RL^~ district and half in the R1 C 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 R1 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. Commissioner Kolstad noted the zoning ordinance refers to the number of residences in a particular zoning district rather than the number of lots. 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 Rl C zoning guidelines; calculated with 19 units in the RIA district and 61 units in the RIC district. Six units are split between the zoning districts and units 38, 39, 42, 43, 46, and 47 lie wholly within the R-1A district and units 37, 40, 41, 44, 45, and 48 lie wholly within the R-1C district half are iR RIC aRe half in RIA; compliance with the MCWD drainage requirements in terms of quantity and quality of stormwater run off; ponding must be adequate to handle impervious surface; land swap between the park and the development can be legally performed; trail system is integrated into the park (see report from Park Commission Minutes of 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 as no parking although parking is allowed on public streets. Commissioner Kolstad would like to allow some on-street parking on one side of the street. Commissioner 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. 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 62 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 this issue. It was further agreed: Explore ways to maintain affordability as defined by Shorewood and Metropolitan Council for the area; . . ) PLANNING COMMISSION MINUTES SEPTEMBER 16,1997 - PAGE 3 Co~ssioner 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 deternHflation be made relati'/e to the reduction of fees for park and sewer charges and whether they are mandatory or ayailable. 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 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." Champa moved, Turgeon seconded accepting the revised wording of 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 information 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. Commissioner Kolstad questioned why an ordinance amendment is being considered. She also asked why the Commission is attempting to accommodate the marina. Commissioner Champa felt it to be a safety issue and the subject sign serves its purpose. Commissioner Kolstad stated the City has a very clear ordinance. She expressed concern there would be additional requests for changes to the ordinance. Commissioner Lizee 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. \, PLANNING COMMISSION MINUTES SEPTEMBER 16, 1997 - PAGE 4 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 411. (Commissioner Kolstad was the dissenting vote.) 3. PUBLIC HEARING . ZONING ORDINANCE TEXT AMENDMENT RELA TIVE TO SIGNS (Tabled at Planning Commission Meeting of September 2, 1997) Applicant: Location: Evangelical Lutheran Church of Our Savior 23290 State Highway 7 ** Agenda Items 3 and 4 were considered simultaneously. ** Commissioner Kolstad stated Shore wood 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 if it were in front of the building or on the building. She was not in favor of it being located on County Road 19. 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." With respect to the wall sign being requested by the church, that sign would also be indirectly illuminated. Internally lit signs will not be permitted. illumination time was discussed and Commissioner Lizee suggested the illumination time not be allowedfrom the hours of 12 midnight to 6:00 a.m. 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 if there 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 recommended changes, deleting "or internally" from subsection (b); and adding "Section II. Indirectly illuminated." Motion passed 5/0. PLANNING COMMISSION MINUTES SEPTEMBER 16, 1997 - PAGE 5 4. DISCUSS AMENDMENT TO SIGN ORDINANCE RELATIVE TO SOUTHSHORE SENIOR/COMMUNITY CENTER ** Considered with Agenda Item No. 3 ** 5. MATTERS 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). 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 14, 1997, at 7:00 p.m., rather than October 21, 1997. 7. ADJOURNMENT Lizee moved, Turgeon seconded to adjourn the meeting at 9:12 p.m. Motion passed 5/0. RESPECTFULLY 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. ~ 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 lVIEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 1 August 1997 Greer, Peggy - Simple Subdivision 405 (97.21) BACKGROUND . Ms. Peggy Greer owns the property located at 6045 Chaska Road (see Site Location map - Exhibit A, attached). Ms. Greer has requested approval to subdivide the property into three lots, as shown on Exhibit B. The property is zoned R-1 C, Single-Family Residential, contains approximately 2.77 acres of land, and is occupied by Ms. Greer's home. The landis characterized by a large hill on its north half, dropping 38 feet to a wetland area to the south. The high ground is substantially wooded. Ms. Greer's home is located approximately in the center of the site, approximately 50 feet back from the right-of-way of Chaska Road. It is the applicant's intent to remove the existing home and build a new home on the southerly of the three proposed lots. An old garage located south of the house has already been demolished. The applicant has configured the lots to take advantage of the three best locations on the property for home sites. A conservation easement restricting building and tree removal at the rear of Lot 2 has been proposed for the benefit of the proposed building location on Lot 1. ANAL YSIS/RECOMlVIENDATION With one exception the three proposed lots meet or exceed the minimum requirements of the R -1 C zoning district. Lot 2 is only 93 feet wide at the building line, whereas the Zoning Code requires 100 feet. This is easily remedied by shifting the lot line between Lots 1 and 2 slightly to the north. The applicant proposes to use the existing driveway for her hometo access both Lots 1 and 2. This will minimize site alteration and should be encouraged. A use and maintenance agreement must be prepared by her attorney. Access to Lot 3 will be located over an existing driveway where the old garage was situated. This too will minimize site alteration. A Residential Community on Lake Minnetonka's South Shore :#~If . . .. Re: Greer, Peggy Simple Subdivision 1 August 1997 The applicant's plans show the 50-foot setback from the wetland area on the south side of the property. Since no tree removal results from the subdivision itself, tree preservation and replacement should be addressed with individual building permits for the lots. It is recommended that the applicant's request be approved subject to the following: 1 . The applicant's surveyor must prepare legal descriptions for the three lots, as modified by the suggested shift in lot lines. Legal descriptions are also required for drainage and utility easements which are required, 10 feet on each side of each side and rear lot line. 2. The applicant's attorney must prepare deeds to the City for drainage and utility easements. 3 . The applicant's attorney must prepare a use and maintenance agreement for the portion of the driveway which will be shared by Lots 1 and 2. 4. The applicant must provide an up-to-date (within 30 days) title opinion for the property for review by the City Attorney. 5 . Items 1 - 4 above must ~e completed before the request is scheduled for Council review and within 30 days. 6. The property is subject to the following charges: a. b. Park dedication fee: Local sanitary sewer access charge: $2000 $2000 Note: Credit is allowed for the lot with the existing house on it. 6. The applicant must record the division within 30 days of her receipt of the resolution approving the request. cc: Jim Hurm John Dean Larry Brown Peggy Greer Michael Greer 2 v , \ \ \ '..---"-- ~ ..~ 210 ~ iC PIJI'l rJ' lOT l~ ....jj.j. J ;", llle ClC/)tr1 1-1 .......X (1l>-j::r ~tr1cr: . l'::i.' ~O~ (Jq () (Jq ~ '<>-j '....... ~.O SZ "0 ~ C/J c:: cr' p.. ~. (;;' ...... o ::l - ..:::;'~'+ - ..:.-:;-.. US 129. &1:_ I I" J DOC ttO :~ _ __,,/> ~:~ ; f .6013130: f.-'~ h' I,',: -; . ; (~8) 'J/ ~ : ~;.;;,! 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I:=:-I rei) ! <: I " 5/1 j QI /:-- j I /-,1 tGt'j , ' f'\-r I I ,-, I I WJ I I I Cl..; ,.. ,,' \.... < )....: ~ --- ...... .'-'..; ....... - ....~ '" '-J ;s: , , r< ~ -< c/) ..- ./ / I f"r)/ ,/ ;::, / :-' r' '- .'/ , / / / '" (..0 / / \. \ \ \ \ ~ -' I I ! ~. " j 1 ,;, 0' CON\OUR />:: '-- 960 . W(\U~,NO /' ~/ , i i Exhibit B PROPOSED DIVISION "" -D-R-A-F-T- RESOLUTION NO. A RESOLUTION APPROVING THE CONCEPT PLAN FOR SHOREWOOD SENIOR HOUSING (EAGLECREST NORTHWEST) P.D.D. WHEREAS, Eaglecrest Northwest, Inc. (Applicant) has an interest in real property located in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for approval of a Concept Plan for the construction of a residential planned unit development known as Shorewood Senior Housing containing twenty (20), four-unit structures (80 dwelling units) on approximately 19 acres of land; and " WHEREAS, the project is proposed as elderly housing, pursuant to the requirements of 1201.03 Subd. 20 of the City Code; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 31 July and 29 August 1997, which memoranda are on file at City Hall, and . WHEREAS, the Planning Commission conducted a public hearing on 5 August 1997 and at its regular meeting of 2 September 1997 recommended approval of a Concept Plan for the 80- unit Shorewood Senior Housing P.D.D.; and WHEREAS, the Park Commission, at its 12 August 1997 meeting, reviewed and commented on the Applicant's Concept Plan; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting of 22 September 1997, at which time the City Planner's memoranda, the minutes of the Planning Commission and Park Commission were reviewed, and comments were heard by the City Council from the Applicant, City staff and members of the audience attending the meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1 . The subject property is located in the northwest quadrant of the intersection of Eureka Road and State Highway 7. 2. The property consists of three parcels containing a total land area of approximately 19.08 acres, of which 2.77 acres exists as City-designated wetland. 3. The net area of the property, after subtracting City-designated wetland and public street right-of-way, is 14.86 acres, of which 4.79 acres is located in the R-1A, Single-Family Residential District, and 10.07 acres is located in the R-1C, Single-Family Residential District. #~8 I 2. Section 1201.06, Subd. 3. regarding special procedures for the establishment of a P.D.D. by conditional use permit; 3. Section 1201.03 Subd. 20. regarding the special requirements for elderly housing projects; 4. Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept plan approval. D. Approval of the Concept Plan is not intended, nor does it act to grant approval of a Development Stage Plan or Final Stage Plan which are required pursuant to Section 1201.25, Subd. 6.(c) and (d). The parties acknowledge that the matter of density in terms of the total number of units has specifically not been resolved at this point; and the concept plan approval should not be construed as acceptance of any level of density above the level which would be allowed on the property under its existing zoning and without regard to its use for senior housing. The City reserves the right to establish the density levels deemed appropriate by it in its reasonable judgment, and to disapprove further approvals of the development if such density levels have not been achieved. ~ The application of Eaglecrest Northwest, Inc. for approval of the Concept Plan for the Shorewood Senior Housing P.D.D. as set forth above is hereby approved. Adopted by the City Council of the City of Shorewood this 13th day of October 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 4 I 10- tf-q 7 /14YOtL- /OM Df+IIL-G'i~9 IiA/O fiLL COull/elL- 1'1~6~/2_-f o,c TJI.G C!-IT; &1- S'.MJ~iW'Il#P. ~) n nH- ---\.tr------- - ------ . ------ ~8}-- ... . & f11&Uf:D jMTO_()"'--~'dFu!'---IMt2E.jlf/. - . ~-Cl>-n-r\- ~c.-Uh/.L)tU1.I...Lla~eI:LL7~~.-Lq-~.Z. W~ HME. ffi--g- r .EU:z;p_J<-EP-~~-tZLL2L~6.L~-2.tiltEf'!t2--~---- .. ~.. ..&i.. 'kNl'1 &.LlL5 E-L-./-:".__lt-l1l!2 t.No.l/.Ll:Lbf2(/Ii.- __r (1.__- ___--. 13<;'L1-VUd__Li1L-I/I~-.LZ/!F& '._;.fofAfi-v'jE, f2",..--~ ___ _..-.I-d?td/L--..~r;.;r;&EHFdTLlb~-6Z"y.L-E_.. - _____-un o$ld.<G-~S /5 _ .LT- !/I.lLr./ L:l)~~ll~ _.fl.i~f?E..fiflO7/el1~ _n IIQ=<? t&'/II It- __/(; 0-Ld. .110 pf_$/?--fYf.E:PWlUJ/J~- _ __- -1n!J-J1i-.f..~-Og /L e~~~ f-_/L/ L_J-/-o /Ji~...._Jfi E---- ____--\I~: 6-~ k:1i:!-O 5_LP.~ _TI/ €_~t!~M $ -L__8@- -------1L!zif-TU-- Ti ---if N~IL-_~ D.h _ ;/;- /L____ . ._ itI-01&IU- d.J? tds.E.-yec_J _t6._&VM..-- - ,,<.iT____ -_-.===~~L~_i~;%)~~~~~.~;€~:~;~::"~~ _. __---\12(212 /9.N.. Fff?f!~A?.s_LO- JtI>...tf$ w ~_2E't' . . 0.__..0 __It)I-j)i~/L~-n_(f/tfle._..c!J-ftLJY2EN /}Nb 6~ fl/tLD __un_un! _L~ /~ ~~~~~n~~~==_ .n .__- .j _~gl>c....&'7k.-..--~{l ~/IL&-7~___fj!f!HtJA;--'-~-_n-- __--I ;2LcJ'Q~A~ ~~ l/lZL'E_L Af._ll.iL_ICLJ-fI /S-.- . ._..n_.. .+.WI.5. j)-oL'j _..LI:N.12j{A/typJ}..EJ:;><$.-L -YntL _1&1 LL___ ____ n. ..It-SE~-,f"lr-ro _VI2LAiTtf.;f-Y:-It-,-./'/1/!.Ptfm ... ..I\_pCD:MffLOd-Tt2~-/JI'I.A(JtL~-n 1t/-&_t/!.Oj!tJ$.6J2..---- .. ...... 11.'. ....,lifLT_!)l-:l;fbL~(J~Eq !iP/2,Z..!/(/v.t >7:- 'I ~ .\ --.. ...~~~~~~~[,Z-;;. ~W~ #So,J j414S ft-Aui.f!.D rt;t/-r;.PJ: v,Jc /' 47A -4. r; ...~~ __-' ~ ... t !~ - ......- --r- /0 · , I~~CC~~~~~ !~~ OCT 9 1997 ~ By r l'-J~L /i"ljtJ- ,lJ~.QAVLf~D l...L/ o :../' rlY l"/~A~~, ':'j~bJ~ ~l ::uu /~L [i'd...e, ~'. Jl ,i.~L/... ~t'1<.&/j: ' .Lr-- &c-r.--J.. C0~/-lk~ .d .,f.tkJ k~ /,.". .4~ I! . ~ ! '^ /Vl~ 1 ~~t/M7 <t.- . / "V;j /J / " ~/J j /J I . 01 ~7-,f~fd-~ ~j. A.'Hu-OL ~ ~.. c. '/.7/J ~ ~_~~t-d -,/f~/3~~. ~~ ~" I I :.-/:_~J1 ,.-t' ~I ~ ,'. I/-~ I -0- --.- L!~" ~t;J;;- ~.d ~ ~ 0.- A ,j j . ." -/I- -' ~, II I. _ . / ~ ~-tJ};~__ . ~ ~ ;~ /V.qA../(,.''k) If cZi.L.r,Yl 0... l I! ~ ^ 1_ / '. , ) / (;1.L. ,4 _-;,..'- ___.~~~~_k<- ~:L.Li..fJ..,..f.LU- -/C ._D.lu -;~Lc-J~~ hi' ~ i{~7)1L..4 ) / If) f .' I / '. I ,...J " 1..L~~(, 0 ~ IGt~. C ~~/l; /~ ^^ '. ~ J .;i2/~L ~ ~ C~^"A- J --- .~~, ..; ! .1 J Wi~ "'-/ ~~,6 '7fj.uu'7,~~l~,/ U ,,~~__WJ;~l-!!..c.-0Jh2t.d-_~.t1 -. n~ Y-M . "U ,. f1... - - ' -j-" 1 " {ji - j' ;-~----U~-~[~ -/~-k.~ (j/: It .4- '" ,- r;J.. /. .~' LJII .--~-6c-,:;JL~~J-!.t2LJ.&u.f)d)-c-ip~ /V~ ~ c .. . . /' . ,...../ /i....~.....--7' " / 'r,:/' ----- _-_a;:;;]~7~~~'~~ '-~ ..-....-.-.-------- ----~~~~~~_:_---_.-=-=-=-~~----~-~~~-~---_..~--~-=-==~---~-~--=--= . 'u__ __ du__u. __u~:::;;~~ .. . - UU ---'~ ! ."-.0 _ iJ" . .-,.. {"--- "- ' j;S(.J.../~ ~_ -tc.-2t4-'un u-~~,..:5 3 I /Y!rA Eagle Crest Northwest, Ine. ~. f?lce~e- ~~ -11f-~~/ ,t€~ $45 ~. ':4 Sound Investment" UP-DATE ON PROPOSED SENIOR HOUSING IN SHOREWOOD Dear Senior Citizens and Future Senior Citizens: The Shorewood City Council met on Monday, Sept. 15, 1997 to consider the proposed Affordable Senior Housing on the site near Freeman Park. . This Affordable Housing would provide a care-free, stair-free, maintenance-free Life-style for Seniors (62 years old and older) and they would still be able to remain in their "Community" near their friends, churches, doctors, shopping and the South Shore Senior/Community Center. The opponents of this housing came out in "Force" and voiced their opposition and the end result was the Council decided to do a study on their concerns and postpone the final vote until the Council Meeting on Oct. 13, 1997. If you believe in the need for this type of Housing - - - - - - - - - - - - - - - - - - - - - - We are asking for YOUR HELP NOW! You are invited as our Guests for Lunch at Noon, Fri. Oct. 10 at the South Shore Senior/Community Center. At this Lunch we will inform you on how YOU CAN HELP to get this Housing approved. YOUR attendance is very important! ! . Anyone wishing to be our guest for this Lunch Meeting must make a reservation by Oct 8, 1997! Also please tell your Senior friends to call too! PLEASE CALL: DOWIE BOUMA MON. THRU THURS. 1 - 6 P .M.........428-2865 SAT. AND SUN.-l - 5 P.M....................428-2865 ALL OTHER TIMES..............................420-5058 There is another way YOU CAN HELP! Send a letter addressed to the Mayor and the City Council Members of Shorewood telling them how important this Housing is for you and ask them to vote YES! ! Enclose the letter in an envelope addressed to Patti Helgeson, City of Shorewood, 5755 Country Club Rd. Shorewood, MN 5531. She must have the letter by NOON, OCT. 9. "Hand Deliver" it to her or Brad Nielsen if need be to save time. APPROVAL WILL NOT HAPPEN WITHOUT YOUR HELP!!! 3030 Harbor Lane · Plymouth, MN 55447 ..:::7_ e /Y 1-0 !- ~ ;f0<<~/~? I /',t)- 1-?'7 ..... ~/;Of-.f. P/tltJc! (/1-"'/ (OUl7c// I ' ,-) ?t77 pJZC.e/j/~ 4-1//i-c~cL/ (p;-r/ffP1~c0- F;--tJ /?'] -I' A <€' ~Yd"~ ed, #/7,p. r (,-",,-,r/I/iz t'/ ILLe-y :/ c? ro -ro /4~ f/i..e/'?- pad..ds, , ;::/-~~_ /k'/7'c,z J ef~, -~e/t!/ ./ 717 ~ ~-t-~ c!-/-c:J45 /; /TP/<€... pJ2t.€-1/ r"~ /fI-1j r'''''/ rrf~/ 0 k r ""r 4- ff rJ -7 f- ;-"Ir~J~/f//4.- rl4-/}"S':jt3J TIl-.< cT'Hcrd~ ~yI'--- j ~ ~ ~ d~--G/r.p/r!l~ -:7 b . of n/ r:J t'J I ?.t? cJII / c? {" q-/-; t? 1-z5', ,7 /1 .e.. C (/ . /It' c:-- ." ( !ju-'7f -b.f11-~_" m "___-,---__..~_~____'_____~___..._.____ .. ~~_.__..~-------------_._.._._----_._.._---~---- ~ . MEMO TO: FROM: DATE: RE: 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 F~X (612) 474-0128 www.state.netlshorewoodcityhall@shorewood.state.net Mayor and Councilmembers AI Rolek, Finance Director October 9; 1997 Request to abate Water Trunk Charge assessment and to refund amounts paid on such assessments Mr. Brian Fredrickson, 26115 Birch Bluff Road, has written a letter to the City requesting that a water trunk charge assessed in 1995 be abated and that the amount he has paid in installments on the assessment be refunded to him. A copy of the letter is attached. According to the policy in place at the time, a trunk charge was assessed against a new lot created through a subdivision of Mr. Fredrickson's original lot. Mr. Fredrickson states in his letter that: 1.) he agreed to pay the trunk charge and petitioned to have it assessed against the property; 2.) he expected at the time that he would receive the benefit of city water within a reasonable time frame, but no longer believes this to be true; and 3.) the lot was created during a very limited window of time in which the charge was in place. Mr. Fredrickson feels that the policy creating and imposing the trunk charge has been changed to limit the charge to parcels having the availability to water, and that water is not expected to be available to his lot within a reasonable period. He further states that the conditions for . the imposition of the trunk charge in the new ordinance do not apply in his case. The City has assessed trunk charges on a limited number of parcels where city water was not available. Staff recently reviewed the assessment roles and found only 2 other such parcels which were assessed trunk charges. In order to remain consistent with current policy, given the limited scope of this situation, the City Council may wish to consider the abatement of the trunk charges against these three parcels and to refund amounts already paid on these charges. A draft resolution has been prepared and is attached for this consideration. It should be noted that should the Council take this action, in the event that city water is made available to these parcels in the future, charges will be assessed against the parcels according to the policy in place at that time. .If you have any questions relative to this matter, please feel free to call me prior to Monday's meeting. A Residential Community on Lake Minnetonka's South Shore ~0 .V; CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION ABATING REMAINING LEVIED WATER TRUNK CHARGES, AND REFUNDING WATER TRUNK CHARGES PAID TO DATE WHEREAS, a new lot, known as PIN 29-117-23-43-0029, was created by a subdivision requested by the owners of such lot, Brian and Darlene Fredrickson; and, WHEREAS, new lots, known as Lots 1 and 2, Woodside 2nd Addition, PID 31-117-23-24- 00 18 and 31-117-23-24-00 19, were created through a platting request of Mike Lazeretti; and, WHEREAS, in accordance with the City Council's policy, the new lots were charged a water trunk charge of $5,000.00 each, which charges were assessed against the lots at the request of the property owners; and, WHEREAS, the City Council has revised said policy so as to not require water trunk charges be . assessed against lots not having water available to them; and, WHEREAS, the aforementioned lots do not have water available to them; and, WHEREAS, Brian Fredrickson has requested the abatement of the water trunk charges and the refund of amounts paid thereon; and, WHEREAS, the City Council wishes to remain consistent with the application and administration of its policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1.) That the water trunk charges assessed against the lots identified as PID 29-117-23-43-0029, 31-117-23-24-0018 and 31-117-23-24-0019 are hereby abated. 2. Y That all amounts paid upon such water trunk charges be refunded to the owners of said property. . 3.)1t is understood that should water be made available to such lots at a future date, charges and/or assessments will be made upon such lots according to the policies in place at that time. ADOPTED by the City Council of Shorewood this 13th day of October, 1997. AlTEST: Tom Dahlberg, Mayor James C. Hurm, City Administrator/Clerk ~ ....~/ ~'J ;..: . Brian Fredrickson 26115 Birch Bluff Rd Shorewood, MN 55331 3y September 29, 1997 Brad Nielsen 5755 Country Club Rd Shorewood, MN 55331 Dear Mr Nielsen: I have been following the recent changes to Ordinance 322 regarding water trunk charges and connection fees and request that the actions below be taken. . 1) The trunk charge that I am currently paying in installments for a newly subdivided lot be abated. 2) The total of $848.16 that I have already paid be refunded. Regarding the second action, please consider the following: . I agreed to pay a trunk charge at a point in time when I fully expected to receive benefit within a reasonable timeframe. At this time I have received no benefit and no longer expect to. . My single-lot subdivision was finalized during a very brief window of time when the original ordinance was in tact; had I completed the subdivision just months earlier or later, I would not be paying a charge. . The new ordinance clearly states that charges will be due under three conditions - water being available, subdivision request for water, or developer's request to pre-pay. None of these apply in my case. . Sincerely, ff~ /-:;;;- ~ j\N\,,A\ J.- f' .johr\ Brian Fredrickson j. .J..r. "~ ~ ~ JD~o- Thdt ~,( , f(eJt'idL?~ t ~ I f c~ W~ Wd1\O 1'UT rl)./ f ~ ~ r~ ~1f D'" t~ i 3 C1~ , ..... ~,G, ~, \J.e ?hol1lcl J~t>T7 " pr- tOr, 1 · 'D~~p - - -" C--T'7 .//~:! /r CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION ACCEPTING A PETITION AND LEVYING WATER IMPROVEMENT SPECIAL ASSESSMENTS - WATERFORD 5TH ADDITION WHEREAS, the City has received a petition from the developer requesting that water improvement special assessments for Waterford 5th Addition 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 water special assessments are hereby levied. 2. That the assessment roll, attached hereto and made a part hereof, be known as Levy No. 14164, Waterford 5th Addn. Water Improvements, 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. 3. 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 13th day of October, 1997. . Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk #=7 Resolution No. - Page 2 of 2 Addn 1 36-117-2311 06244 0026 . 14201 Excelsior Blvd . . . ~ To: From: Date: Re: Mayor and City Council James C. Hurm, City Administrator October 9, 1997 Proposed Ordinance Amendment This proposed ordinance will allow for the adoption of the Tree Preservation Policy into our code by reference. It also establishes an enforcement and fine mechanism. A third issue which was previously, briefly discussed by the City Council is not included in this ordinance amendment, but should be discussed again by the Council. That issue is whether or not to consider an administrative sanction section. Please review the "draft for discussion only" proposed Section 104.04, Administrative Offenses which is in the packet material. #8 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SHOREWOOD CITY CODE CHAPTER 1100 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 1103 is added to Chapter 1100 as follows: Subd. 1 - Purpose. It is the policy of the City to recognize and preserve existing natural resources of the community. In its effort to maintain the wooded character of the area, the City finds that trees provide numerous benefits, including: stabilization of the soil by the prevention of erosion and sedimentation, reduction of stormwater runoff, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation providing habitat for birds and other wildlife and conservation and enhancement of the City's physical and aesthetic environment. The purpose of these regulations is to preserve and protect significant trees or stands of trees whose loss due . to land disturbances associated with the process of development or construction would adversely effect the City's existing natural resources. The regulations also recognize that despite the best efforts of the City and developers and property owners, trees will occasionally be lost in the development and construction process. In such instances, these regulations will require replacement of trees. Subd. 2 - Regulations. In furtherance of the purpose of this section, the City Council shall, by resolution adopt and may, from time-to-time, amend resolutions providing for tree preservation and replacement in situations involving development or construction. Subd. 3 - Penalty. Enforcement. Failure to comply with the provisions of such regulations shall constitute a violation of this Code; and the City shall proceed to enforcement either in accordance with Section 104.02. Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this . 13th day of October, 1997. Tom Dahlberg, Mayor ATTEST James C. Burm, City Administrator/Clerk 1301.02 N . . ....""'3=.:.:s ;.-;;,., CHA.P'Il:R. 1301 Establishment of Fees and ChaNeS TYPE OF CHARGE'FEE Tree Protection PIan CITY CODE REFERENCE 1103.01.1 CHARGE/FEE JUL 08 '97 09: 20 KENNEDY &. GRAVEN P.3 104.04 ADMINISTRATIVE OFFENSES "..~ - . fOR ~IONONLY Subd. 1. Definitions. An administrative offense is a violation of any section of this code when one performs an act prohibited, or fails to act when such failure is thereby prohibited, and is subject to the charges set fonh in Chapter 1:301 of this code. Any person violating a section of this code sball. be gubject to the scheduled penalty. Subd.2. Notice. Any person employed by the City with authority to enforce this code shall,. upon determining that there has been a violation. notify me violator, or person responsible for the violation, or in the case of a vehicular violation by attaching to said vehicle notice of the violation., said notice setting forth the nature, date, time of the violation, the name of . the official issuing the notice and the amount of me scheduled initial penalty, and where applicable, any charges relating .thereto. Subd. 3. Payment. Once such notice is given., the person respoOSlble for the violation shalL within seven (7) days of the time of issuance of the nonce, pay full satisfaction of the stated violation schedule to the City Treasurer. The penalty may be paid in person or by mail and payment shall be <)tim;~sion of the violation. A late charge sbal1 be imposed for each seven. (7) days the penalty remains unpaid after the first seven (7) day period. Subd. 4. Hearing Officer. Any person aggrieved by this chapter may request within seven (7) days of the time of issuance of the notice to be heard by the hearing officer who shall hear and detcnnine the grievance~ The hearing officer shall bave the authority to dismiss the violation for caus~ reduce or waive the penalty upon such terms and conditions as can be agreed upon by the parties, however. reasons for such dispositions shall be stated in writing by said hesring officer. If the violation is :rostained by the he3ring officer, the violator shall pay satisfaction of the charge or shall sign an agreement to pay upon such terms and conditions as set forth by the hearing officer. ~D~:S94a Sl:l:!3Q-:1 : I i .! . JlJL 08 "57 0'3: 21 KfrlNE:)Y &. GRAVEN P.a. -ORAF1' FOR lXSCtJSSlON ONLY Subd. 6. Fmlure to Pav. rf a violator fails to pay the charge Imposed by this sec::io~ or as agreed. upon following he3ring before the hearing officer, the failure to pay the charge or the underiying violation, or both mAY be processed. as a code violation or as a debt owed, or both. through the judi~.al system. Sub<!. 1. c:1larnes. All cbarges collected. shall be paid over to the T.reasurer for deposit in the General Fund of the City. Subd. 8. Scheduled Penalties. Charges shall be imposed for violation oftbe 3Cb.eduled administrative offenses according to a schedule duly established and adopted, from time to time, by the City Council and cont?ined in Chapter 1301 of the code. JllOUll,...a sa:30-2 2 TREE PRESERVATION AND REPLACElVfENT POLICY CITY OF SHOREWOOD 1. Purllose. It is the policy of the City of Shorewood to recognize and preserve existing natural resources of the community. In its effort to maintain the wooded character of the area, the City fmds that trees provide numerous benefits including, but not limited to: stabilization of the soil by the prevention of erosion and sedimentation, reduction of storm. water runoff, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation, providing habitat for birds and other wildlife and conservation and enhancement of the city's physical and aesthetic environment. The purpose of this policy is to preserve and protect significant trees or stands of trees whose loss due to land disturbances associated with the process of development or construction would adversely affect the character of neighborhoods, subdivisions, public or semipublic projects and commercial developments. This policy also recognizes that, despite the best efforts of the City and property owners, trees may occasionally be lost in the development or construction process. In. those cases tree replacement or reforestation shall be required. II. Applicabilitv. This policy shall apply to any person or entity that would disturb land areas and impact significant trees or stands of trees in neighborhoods, subdivisions, commercial building developments, public and semipublic projects such as streets, utilities and parks whether disturbed by a public agency or private developer; except when the City Council may waive these requirements where there would be greater public need for the project than to meet the requirements of this policy. The terms and provisions of this Policy, in conjunction with the Shorewood Tree Preservation Ordinance No.-, shall apply to all activity which requires the issuance of a Land Disturbance Permit., III. Definitions. All words in this Policy have their customary dictionary definition except as specifically defined herein. The word "shall" is mandatory and the words "should" and "may" are permissive. Technical terms used in this Policy are defined in Appendix A. Buildable Area: The portion of a lot which is not located within any minimum required yard, landscape strip/area, or buffer, that portion of a lot wherein a building may be located, as prescribed by the Shorewood Zoning Code. DBH (Diameter-at-Breast-Height): A standard measure of tree size, whereby a tree trunk diameter is measured in inches at a height of four and one-half feet (4 1/2') above ground. If a tree splits into multiple trunks below four and one-half feet (41/2'), then the trunk is measured at its most narrow point beneath the split. Dripline: A vertical line extending from the outer swface of a tree's branch tips down to the ground. . . Land Disturbance Permit: .An official authorization issued by the Zoning Administrator, allowing defoliation or alteration of the site for the commencement of any construction. Protection Zone: All lands that fall outside the buildable area of a parcel. 9/95 . . '''';; . '-~ .... Significant Trees: Any healthy long-lived hardwood deciduous tree measuring eight inches (8") DBH or gre:ner. any healthy softwood deciduous tree measuring twelve inches (l2'j DBH or greater. or any healthy coniferous tree measuring eight feet (8') or more in height. Box-elder, cottonwood. and willow trees shall not be considered to be significant trees. Soecimen Tree or Stand: .A.ny tree or grouping of trees which has been determined to be of a high value by the Zoning Administrator because of its species, size, age, or other professional criteria. . S tnlcture: Anything which is buil~ constructed or erected; an edifice or building of any kind or any piece of work: artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character. Tree: Any self supporting woody plant, usually having a single woody trunk~ and a potential DBH of two inches (2") or more. T fee Preservation Plan: A plan established in Section IV (B) of this Policy. See Appendices B and C. Zoning Administrator: The agent of the City of Shorewood having the primary responsibilities of arlmini~crarion and enforcement of this Policy. IV. Procedures A. Development Standards. Developments shall be designed to preserve large trees where such preservation would not affect the public heal~ safety or welfare. Tne City may prohIbit removal of all or parr of a stand of trees. In additio~ nothing in this policy shall prevent building on an existing lot of record.. provided that such building shall be designed to save as many trees as possible. This decision shall be based on. but not limited to, the following criteria: 1. Size of trees. 2. Species. health and attractiveness of the trees including: a. Sensitivity to disease b. Life span c. Nuisance characteristics d. Sensitivity to grading 3 . Potential for transplanting. 4. Need for thinning a stand of trees. 5. Effect on the functioning of a development. B . Land Disturbance Permit. 1. A tree survey, prepared by a registered land surveyor or landscape architect, shall be submitted showing size, species and location of significant trees. 'j A Tree Preservation Plan shall be submitted \vlth cb.e following: a. Prelimin<1IY plat for the subdivision of property. b. Other permit drawings as a part of the building permit process for the construction of new principal buildings. c. Nonresidential site plans. either as a separate drawing or as part of the landscape plan. 3. The Tree Preservation Plan shall be certified by a forester or registered landscape architect and shall include the following information: a. Identification of spatial limits: (1) Limits ofIand disturbance, clearing, grading and trenching (2) Tree protection zones (3) Specimen trees or stands of trees (4) Location of significant trees which will be saved (5) Location of significant trees which will be removed (6) Location of trees to be transplanted . (7) Location of replacement trees b. Detail drawings of tree protection measures as provided for in Section VI. of this Policy (where applicable): . ( 1) Protective tree fencing (2) Tree protection signs c. Drawings indicating location of applicable utilities: (1) (2) (3) (4) (5) (6) City water or well City sewer Electricity Gas Cable TV Telephone . 4. These plans shall be reviewed by the Zoning Administrator for conformance with this Policy, in conjunction with the Shorewood Tree Preservation Ordinance No. _, and will either be approved. or returned for revisions. Reasons for denial shall be noted on the Tree Preservation Plan. or otherwise stated in writing. 5 . Issuance of the Land Disturbance Permit is contingent upon approval of prelimin<1IY plats. or metes and bounds subdivision approval for the subdivision of property, or approval of the Tree Preservation Plan for other building permit processes or nonresidential site plans. 6. A fee as provided in Chapter 1302 of the City Code shall be charged for review of Tree Preservation Plans. Any costs incurred by the Cicy in reviewing plans for plats and nonresidential site plans shall be charged to the developer. The Zoning Adminisrrator may submit the olan to a consulting; forester for a recommendation. the costs of which shall be paid by-the developer or builder. 0/0':; -" f~'_. 7. All tree protection me:1SUreS shall be installed prior to be2inninO' building construction and mspec::ed by the Zoning Ad.miD.istrat~r or his agent. 8. The Zoning Ad:m.in.istrator or his agent will conduct follow-up site inspections for enforcement of this Policy, in conjunction wirh the Shorewood Tree Preservation Ordinance No. . 9 . If any significant tree in a development or on a building site is cur. damage~ or the area within the tree's dripLine has been encroached upon by grading equipment. without Ciry anthorizatio~ the City shall require replacement pursuane to 10. below. In addition, if the Ciry determines that a ~aed cree will probably not survive, it shall be removed by the developer or builder. 10. All significant trees removed or damaged during the process of land development or construction activities shall be replaced on site. Tue removal of trees on public right~f-way, conducted by or on behalf of a governmental ~aency in pursuance of irs lawful activities or functions. shall be exempt from this replacement. a. Any trees required to be planted shall be varied in species, shall maximize the use of species nacive co the area, shall noe include any species under disease epidemic, and shall be hardy under local conditions. b. Tree Replacement Racio. (1) Significmrr deciduous f:re4...s eight inches (8") DBH or greater shall be replaced by cwo (2), two and a half inch (2.5) DBH or greater deciduous crees or two, six-foot (6') high coniferous trees. . (2) Significant deciduous trees cwelve inches (12") DB H or greater shall be replaced by three (3), two and a half inch (2..5) DBH or greater deciduous trees or three (3), six-foot (6') high coniferous trees. (3) Significant coniferous trees six feet (6') high or greater shall be replaced by one (1) six-foot (6') high or greater coniferous tree. (4) Significant coniferous trees twelve feet (12') high or greater shall be replaced by two (2) six-fooe (6') high or greater conife..""Ous trees. (5) In no case will the coral number of replacement trees exceed eight (8) crees per acre. . . c. Before any construction takes place, tree protection measures as set forth in VlB. of this Policy shall be placed around tree protection zones and around the dripLines of SignifiC::UH trees to be preserved. Signs shall be placed :1long re:i.ce lines prohibiting grading beyond rhe fence line. 9/95 d. Any trees required to be planted shall be replaced if they die or appear to be dying within two (2) full growing seasons of planting by the person responsible for the planting. e. Replacement trees shall be of a similar species to the trees which are lost or removed and shall include chose species shown on the following list . Deciduous Trees Green Ash - Fraxinus pennsylvanica Mountain Ash - Sorbus spp. River Birch - Betula nigra Kentucky Coffeetree - Gymnocladus dioicus Amur Corktree - Phellodendron amurense Flowering Crabapple - Malus spp. Ginkgo (male only) - Ginkgo bi/oba Hackbeny - Celtis occidentalis Hawthorn - Crataegus spp. Shagbark Hickory - Carya ovara Honeylocust - Gleditsia Hatriacanthos Ironwood - Gstrya virginiana ~apan~se Tree Lilac - Syringa amurensis japonzca American Linden - Tilia americalza LittleleafLinden - Tilia cordata Redmond Linden - Tilia americana 'Redmond' Conifers American Arborvitae - Thuja occidentalis Balsam Fir - Abies balsamea Douglas Fir - Pseudotsuga menziesii White Fir - Abies concolor Canadian Hemlock - Tsuga canadensis European Larch - Larix decidua Austrian Pine - Pinus nigra Norway Pine - Pinus resinosa Black Locust - Robinia psuedoacacia Amur Maple - acer ginnala Norway Maple - Acer platanoides Red Maple - Acer ntbnun Silver Queen Maple (seedless) - Acer saccharinum 'Silver Queen' Sugar Maple - acer saccharum Northern Catalpa - Catalpa speciosi Bur Oak - Quercus macrocarpa Pin Oak - Quereus palustris Red Oak - Quercus ntbra Swamp Wlllte Oak - Quercus bicolor White Oak - Quercus alba Ohio Buckeye - Aescui!J.s glabra Russian Olive - Eleagnus angustifolia Black Walnut - Juglans nigra . Red Pine - Pinus resinosa Scotch Pine - Pinus sylvestris White Pine - Pinus strobus Black Hills Spruce - Picea glauca densara Colorado Spruce - Picea pungens Norway Spruce - Picea abies White Spruce - Picea glauca Tamarack - Larix: laricina . . 11. Financial Guarantee - Subdividers. a. Subdividers shall provide a fmancial guarantee as part of the development contract to ensure replacement of significant trees lost in the development process. The amount of the financial guar:mtee shall be determined by the Zoning Administrator, based upon estimates made by the subdivider's registered landscape architect: or actual bids Dreoared bv a certified nurserYman. This shall be a separare line item iri the development contract and shall be the basis for a development conrrnc! where the lack of public improvements would otherwise nO( require :J. COnrf:lC!. r:::;--: . . b. This financial guarantee shall be held for at le3St two (2) full growing seasons beyond the date of installation of the last replacement tree or beyond the last date of site activity that may impact tree survivaL In addition to a. above subdividers shall provide a financial guarantee as part of the development contract co ensure protection of all significant trees to be saved. For each mass graded lot with at least one (1) significant tree to be saved and each custom graded lot with at least one (1) significant tree, the subdivider shall pay a fee asestablisb.ed in Chapter 1302 of the Shorewood Cicy Code. Tnis financial guarantee will be released upon 1) certification in writing by the subdivider's forester or landscape architect indicating that tree protection measures were installed on mass graded locs and tree replacement is completed, if necessary andlor 2) the builders have posted security for the custom graded locs. 12. Fmancial Guarantee - Builders. a. Homebuilders shall provide a financial guarantee as part of the building permit application to ensure protection of all significant trees to be saved. For all lots with at least one (1) significant tree to be saved the builder shall provide a letter of credit or cash escrow as established by Cnapter 1302 of the Cicy Code. b. Prior to the issuance of a certificate of occupancy or release of the tree protection guarantee, the builder's forester or landscape architect shall certify to the Ocy in writing that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement, is completed, if necessary. c. The Building Official will monitor the tree protection measures at the time of routine inspections. d. Builders are liable for subcontractors which destroy or damage significant trees which were indicated to be saved on the individual lot tree preservation plan. V. Tree & Site Related Disturbances. G /0 .; A. Tree protection zones, specimen trees or stands of trees designated to be saved must be protected from the following damages which may occur during all phases of land disturbance and construction processes. Memods of tree protection and disturbance prevention are provided in Section \'1. 1 . Direct physical root damage 2. Indirect root damage --- ,. ..., 1.:-"1rl...t.C ~c. ::~C\V71 ::SIUfDance B. Direct physical root damage most frequently occurs durina site cfear.ina and grading operations, where transport or feeder roots are c;t, tom. or ~ removed. 1. Transport and feeder roots tend to tangle and fuse among the roots of adjacent trees. The removal of trees with heavy machinery along the outer periphery of a tree save area causes root damage. 2. The most substantial form of root damage for all root types occurs in the form of cut roots. Roots are cut in grade reduction, or from trenching for underground utilities, sanitary sewer, or storm sewer lines. 3. A more subtle type of root damage is the loss of feeder roots. Feeder roots normally occur within the organic layer, and the surface four inches (4") of top soil, subsequently, these roots can be easily damaged by the track action from a single bulldozer pass. The stripping of top soil within a tree's critical root zone can totally eliminate its feeder root system. . C. Indirect root damage through site modification can result from positive grade changes, temporary storage of fill material, the sedimentation of erosion materials, soil compaction, and soil chemical changes. 1. Positive grade changes from fill and sedimentation causes a decrease in soil oxygen levels. An increase in soil carbon dioxide and other toxic gases can also occur, leading to large areas of anaerobic conditions. Anaerobic soil conditions cause a decrease in the root respiration process which is essential for the uptake and transport of minerals and nutrients. 2. Anaerobic soil conditions are also produced by soil compaction, the increase in soil bulk density with a decrease in soil spore space. . Compacted soil is also impervious to root penetration, and thus inhIbits root development. Soil compaction is generally caused by the weight and vibrations of heavy machinery, vehicle parking, and the storage of fill andlor construction materials within the critical root zones of trees. . 3 . Changes in soil chemistry will adversely affect tree survival. The most. frequent occurrence is the change (decrease) in soil acidity by concrete washout. The leakage or spillage of toxic materials such as fuels or paints can be fatal for trees. D. Trunk and crown disturbances are generally mechanical in nature and are either caused directly by clearing and grading machinery, or indirectly by debris being cleared and falling into trees marked for protection. 1 . Common forms of damage include stripped bark and cambium. split trunks, and broken limbs. 2. Damage also occurs from the posting of signs such as building permits, or survey markers on trees. ;\'0. :: 3. Indirect damage can be caused by the placement ofbtim holes or debris fires too close to trees. The possible range of damages inciude scorched trunks with some cambial dieback. the loss of foliage due to evaporative heat stress (leaf desiccation), and completely burned trunks and crowns. VI. ivlethods of Tree Protection. A. Planning and considerations. Tree space is the most critical factor in tree protection throughout the development process. The root system of trees can easily extend beyond the dripline of the tree canopy (Figure 1). Toe rooe system within the dripline re;:ion is generally considered to be the protected root zone. DistUrbance within this zone can directly affect a tree's chances of survival. With reference to root zones, the following standards shall apply: 1. Toe use of tree save islands and stands is encouraged rather than the protection of individual (nonspecimen) trees scattered throughout a site. This will facilitate ease .in overall site organization as related to tree protection. . 2. The protective zone of specimen trees or stands of trees or otherwise desi!IDated tree save areas shall include no less than the total area beneath the tree(s) canopy as dermed by the farthest canopy dripline of the tree(s). In some instances, the Zoning Administrator may require a protective zone in excess of the area defined by the tree's dripline. 3 . Layout of the project site utilicy and grading plans shall accommodate the required tree protective zones. Utilities muSt be placed along corridors between tree protective zones. . Construction site activities such as parking, material sto~o-e, concrete washout, hole placement, etc., shall be arranged so as to prevent disturbances within tree protective zones. 5. Alterations to the protective zone of the specimen trees or stands of trees must be approved by the Zoning Administrator. 4. B . Protective Barriers. 1. Active protective tree fencing shall be installed along the ourer edge of and completely surrounding the critical root zones of all specimen trees or stands of trees, or otherwise designated tree protective zones, prior to any building construction. 2. These fences will be a minimum four feet (4') high. Four-feet (4') high orange polyechylene laminar safecy fencing is acceptable (Figure 2). 3. Passive forms of tree protection may be utilized to delineate tree save are:1S which are remote from are:1S of land disturbance. Tnese are:1S must be completely surrounded with continuous rope or flagging i) /0, (heavy mil - minimum four inches (4'j wide). All passive tree procection must be accompanied by "Keep Out" or "Tree Save" signage (Figure 3). 4. All tree protection zones should be designated as such with "Tree Save Area" signs posted visibly on all sides of the fenced area. These signs are intended to inform subcontractors of the tree protection process. Signs requesting subcontractor cooperation and compliance with tree protection standards are recommended for site entrances. c. 5 . All tree fencing barriers must be installed prior to and maintained throughout building construction and should not be removed until completion of construction and until landscaping is installed. Encroachment. Most trees can tolerate only a small percentage of critical root zone loss. If encroachment is anticipated within the critical root zones of specimen trees, stands of trees, or otherwise designated tree protective zones, the following preventive measures shall be employed: 1 . Clearing Activities: Roots often fuse and tangle amongst trees. The removal of trees adjacent to tree save areas can cause inadvertent damage to the protected trees. Wherever possible, it is advisable to cut minimum two foot (2') trenches (e.g., with a "ditch-witch") along the limits of land disturbances, so as to cut, rather than tear, roots. Directionally felling trees outward into disturbance areas and grinding stumps is also acceptable. . 2. It is very strongly suggested that all clearing in oak: stands be done before May 1st and after July 1st of each season. Tills will help to prevent the inadvertent wounding of trees with the consequential spread of oak: wilt. If clearing has to be done at this time, all stumps and wounded trees shall have the wound areas painted thoroughly with a tree paint. To be effective, the painting shall be performed within the same day of cutting. Should oak: wilt get started as a result of construction during the months of May and June, then the developerJbuilder shall pay for all additional on-site oak: wilt control measures needed to control the disease. . 3 . Where the Zoning Administrator has determined that irreparable damage has occurred to trees within tree protective zones, they must be removed and replaced by the developer /builder as provided in Section IV (B)9. D. Reclamation of the Growing Site. A tree's ability for adequate root development. and ultimately its chances for survival, are improved with reclamation of the growing site. Whenever possible, the soil should be brought back to its natural grade. Unnecessary fill, erosion sedimentation, concrete washouT:, and construction debris should be removed. When machinery is required for site improvement, it is recommended that a "rubber-tired skid steer loader" or similar light weight rubber tire vehicle be used so as to minimize soil compaction. 9/95 " '- TREE PRESERV A nON POLICY CITY OF SHOREWOOD APPENDIX A Te~hnicaI Terms: Cambium: Tile tissue widtin the woody portion of trees and shrubs which gives rise co the woody water and nutrient conducting system. and the energy substrate transport system in trees. Cambial dieback: The irreparable radial of vertical inrenuption of a tree's cambium. usually caused by mechanical damage, such as "skimring bark:", or from e.''(cessive heat. . Coniferous: Belonging to the group of cone-be:lring evergreen trees or shrubs. Deciduous: Not persistent; the shedding of leaves ammalIy. Feeder roots: A complex system of small annual roots growing ourward and predomiriantIy upward from the system of '1:rnnsport rodts.... These roots branch four or more times to form fans or mats of thousands of fine~ short., non-woody tips. Many of these smail roots and their multiple tips are 0.2 co Imm or less in diameter, and less than I co 2mm long. These roots constitute the major fraction of a tree's root system surface area, and are the primary sites of absorption of water and nutrients. Major W oodv Roots: FIrSt order tree roots originating at the "'root collar" and growing horizontally in the soil co a distance of between 3 and 15 feet from the tree's trUnk. These roots branch and decrease in diameter to give rise to "rope roots". The primary function of major woody roots include anchorage, srrucroral support., the stonl:::cre of food reserves, and the transport of minerals and nutrients. Protected Root Zone: Tile rootin~ area of a cree established to limit root disturbances. Tills zone is generally defined as a circle with a radius extending from a tree's trunk to a point no less than the furthest crown dripIine. Disturbances widtin this zone will direc--Jy affect a tree's chance for survival. . Roar Collar: Tile point of attachment of major woody roots to the tree trUI1k, usually at or near the groundline and associated with a marked swelling of the tree trUnk. Root Respiration: An active process occurring throughout the feeder root system of trees. and involving the consumption of oxygen and sugars with the release of energy and carbon-dioxide. Root respiration facilitateS the uptake and transPOrt of minerals and nutrients essential for tree survival. . RODe Roots: An extensive network of woody second order roots arising from major woody roots. occtlI'f.ll1g within the SUIface 12 to 18 inches of local soils~ and with an average size ranging from .25 to 1 inch in diameter. The primary function of rope roots is the transpOrt of water and nutrients. and the storage of food reserves. Soil Comoaction: A change in soil physical properties which includes an increase in soil wei~l1t per unit volume, and a decrease in soil pore space. Soil compaction is caused by repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil can cause physical root damage, a decrease in soil oxygen levels with an increase in toxic gases, and can be impervious co new root development. Tr::msvorr Roms: Tue system or framework or tree roots commised of m~ior roars cmQ race rooes. "" . .... .. 9195 TREE PRESERVATION POllCY CITY OF SHOREWOOD APPENDIX B Checklist for Tree Protection Plan: 1 . Tree Protection Plans. a. Provisions for tree protection on the site shall be, at minim~ in conformance with the requirements of the City of Shorewood Tree Preservation Policy in conjunction with the Shorewood Tree Preservation Ordinance No. b. A Tree Preservation Plan shall be submitted either as part of a landscape plan, preliminary plat, or as a separate drawing, to include the following: All tree protection zones Approximate location of all specimen trees or stands of trees Approximate location of all specimen trees when their preservation is questionable, or might result in a change of the site design Identification of specimen treeS to be removed. (Removal of specimen trees is subject to Zoning Administrator approvaL) Limits of clearing and land distUrbance such as grading, trenching, etc. where these disturbances may affect tree protection zones. Proposed location of underground utilities. Methods of tree protection shall be indicated for all tree protection zones, aeration systems, staking, signage, etc. Tne plan should indicate staging are3S for parking, material storage, concrete washout, and burial holes where these areas might affect tree protection. The following notes shall be indicated on both tree preservation plans aild grading plans in large letters: (5) (6) (7) (8) c. (1) (2) (3) . (4) . (1) Contact the City Planning Department at 474-3236 to arrange a preconstruction conference with the City Zoning Administrator prior to any land disturbance. (2) All tree protection measures shall be installed prior to building construction. (3) Contact the City of Shorewood Planning Department at 474-3236 for a Site Inspection upon completion of landscape installation. 0'0':::: /1 J ~ !y C:-f - CHE;;:RY ,:'-0. - "ED OAK I I I 1 5 ~OOT WORKING eM" '1P: I t I II )...).Sc-i w.o. - WHIT: OAK ~ - F:NC!NG & WARNING SIGNAGE U"71L!""iY At I ="; S7CCK"'::l!LE: ?:.:;:lMl:: L .;:.::0: 7<=:::70 8E REMOVE) TREE PRESERVA nON POLICY CITY OF SHORFYVOOD APPENDIX C SAMPLE DRIVE r I I R.O. GROUP -._ _ _ _ _ _ _ __^l~O: t,"'" =_ _ _ --.: _ L _ _ _ _ . I).. :: lOS-QQ I! . I A . 0 I i f .a.a I 0 RlVEW A Y I I r \.. . I;: , I: I i! ~ ~; / n'! li I 2<.0 I ~! I i - ~ol . .' I I ~:: !.~/ 11!:$l GARAGE I ~U ,.-=; i-~ i 1 (0, 14.jS;: I. f i -'il. 1s.d i I .,~ i ; ! o.fll i ~a - I ( "W: ~ Of !r.f+- ) , c~.! . l! I I' I:; I I ~ ;: I 1_." f f I '-:, f ta.Q~ f PROPOSED i i rOI I. .\ i :rt:-.2S HOUSE 14.0&; i I f .. ~ I) I ~ it! ;:- V ~.a I! l...~ : i.:l .~.1 . ,I ~:. I ~~.w_::;P c~.. ~w.~.~.t. I . : f tI !1 {. . - I~;J iO.a _ _ _ _ _ j.-.;----------------- I I I I : 'Canopy Drip-line I r I I I , I I I I I I r I I I I . . Critical Root Radius Critical Root Zone WIthin the Drip-line . Actual Feeder Rooe System E."{tends Well Beyond the Drip-line ~ FI GURE 1 TYPICAL CRITICAL ROOT ZON"E TRS:: ;SNC:NG ~l-IALL C::iNSrS7 Of' -I,D' HIGH ."I(NIHUH ORANGe: POL YG""riYL::N€: '_AMINAR S:AF"::7Y NE:7T:NG. '. I::::t::. 1 : 11111111 1111111111111111111 II II I 11111111111 D I . 1/11 I 1/1111 1111111111111/1111111 1/ ii/II !J 11 1111111 111111111111111/11111111111111111 Illl I 1111 I i 111/11 111111 1I1I111I ill 11111 I ! III , I I 11111 II 11/11111111111111111111111 t 111111 1111 "I I II! I I I 111/111 III 1111 ! II ~i I III III' II i.:iilliliiiiillllllllll'~ r:::-lc:: SHALL 3E Sc:c:.:REl.. Y ,.l,NC:-;ORD 3Y s:n:~,- ;::NCS: POSTS LNSi ALLZZl 6.0 ;::E:7 ON c:;:~m:~. . . FI G ,(JRE 2 ACTIVE PROTECTIVE TREE FENCING TREE PROTECTION AREA CAUTION 00 NOT ENTER c . . . TREE SAVE Passive Protection with Rope and Signage FIGURE 3 PASSIVE PROTECTION DETAIL .. MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Krist! 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.netlshorewood cityhall @shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works ~ October 8, 1997 . FROM: DATE: RE: Consideration of a Motion to Adopt a Resolution Approving Change Order 1 for the Shady Island Bridge, City Project 95-19 On July 14, 1997, the City Council awarded the contract for the reconstruction of the Shady Island Bridge to Jay Brothers, Incorporated. . At that time, I stated that there were concerns with regard to the retaining walls along the approach roadways that still needed to be addressed. As the Council may recall, the retaining walls were proposed to avoid encroachment into the floodplain of Lake Minnetonka. During the final review process, staff had raised concerns with regard to the long term stability. of a modular block retaining wall as the strong forces of ice from the lake work to deteriorate these walls. The bottom course of the wall will actually be slightly under the normal water level of Lake Minnetonka. Undoubtedly, any wall placed in this area of the lake is going to have to withstand severe forces as the ice from the lake heaves against these walls. It was decided during the bidding process that best way to proceed would be to discuss options available with the contractor, once the project was let. During the award of the project, staff put the Council on notice that that we would expect to see a change. order to the contract to address this Issue. After much discussion of the alternatives available with the contractor, it was agreed that the most cost effective alternative over the life of the bridge will be to construct the wall from very large rocks, versus a flat surfaced or modular block retaining wall. A boulder wall has enough irregularity in the surfaces that any shifts in the boulders (which will happen) will not be as detrimental to the stability and aesthetics of the wall. In addition, the large size of the boulders being used will aid in resisting the ice pressures which will attack theses walls. A Residential Community on Lake Minnetonka's South Shore -+&'1 .. Mayor and City Council Shady Island Bridge, Change Order 1 October 8, 1997 Page 2 of2 It should also.be noted that of the residents contacted on the island to discuss the change, all were in favor of the boulder walls versus the modular block wall. . & Associates Engineers Architects Planners Surveyors . ~ . . 1922.1997 October 1, 1997 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Atten: Mr. Larry Brown, P .E. Director of Public Works He: Shady Island Bridge Replacement and Appurtenant Work Change Order NO.1 City Project 95-19 OSM Comm. No. 96038.00 Dear Mr. Brown: Enclosed for your review is Change Order No.1 for the referenced project. This Change Order provides for the substitution of two foot to four foot diameter field stone for the concrete modular block included under item number 29 in the original contract proposal form. This change in retaining wall material is proposed to reduce the long term maintenance requirements of the wall. The concern during the design phase of this project was that annual maintenance would probably be required to re-stack a portion of the proposed modular block retaining wall because it is likely that ice flow pressures will displace the block. The field stone wall is proposed in this change order to consist of two to four foot diameter field stones, the larger stones placed as the bottom course and the smaller stones to provide uniform top elevation by filling in gaps between the lower layers. This change order will result in a project cost increase of about $6,982.50. We recommend approval of Change Order NO.1 primarily to reduce long term maintenance requirements required to retain the integrity of the modular block wall proposed in the original plans. If you have any questions regarding this Change Order please do not hesitate to call me at 595-5696. Sincerely, ORR.SCHELEN.MA VERON <: ~;' lN~ ~ Paul T. Hornby, P.E. Project Manager Enclosure PTH/med j:\96038.00><:iviJ\corrcs\l 001971..8 Attachment 1 612-595-57: CHANGE ORDER Change Order No: 1 City Project No. 95-19 Project: Shady Island Bridge Replacement & Appurtenant Work OSM Project No. 96038.00 Owner: City of Shorewood Date of Issuance: October 1, 1997 Contractor: Jay Brothers, Inc. Engineer: Orr-Schelen-Mayeron and Associates, Inc. You are directed to make the following changes in the Contract Documents: Description: Delete Item No. 29, 0411.603 Modular Block Retaining Wall, 1330 Sq. Ft. @ $15.00/ Sq. Ft. Add Item No. 29, 0411.603 Construct Stone Retaining Wall, 1330 Sq. Ft. @ $20.25/ Sq. Ft. Purpose of Change Order: This change order substitutes the original contract concrete modular block retaining wall structure with a field stone retaining wall. The field stone utilized will vary in size from two feet to four feet in diameter and be constructed as a gravity wall system. The detail on plan sheet number 15 of 16 sheets will remain in effect except for the wall material substitution made in this change order. The contractor shall submit a detail illustrating typical field stone placement as a shop drawing submittal. CHANGE IN CONTRACT PRICE Original Contract Price: $266,267.03 CHANGE IN CONTRACT TIME Previous Change Orders No. to No. : $ Original Contract Time: October 31, 1997 Net Change from Previous Change Orders: Contract Price Prior to this Change Order: $266,267.03 Net Increase (Decrease) of this Change Order: $6,982.50 Contract Time Prior to this Change Order: October 31, 1997 Net Increase (decrease) of Change Order: Contract Price with all Approved Change Orders: $273,249.53 Contract Time with Approved Change Orders: October 31,1997 Recommended ~ Approved By: Date of Council Action: (City Manager) J :\96038.OO\CIVIL\CORRES\I 00197 .e01 . . CITY OF SHOREWOOD RESOLUTION NO. 96-84 A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER #1 FOR CITY PROJECT 95-19 SHADY ISLAND BRIDGE WHEREAS, by Resolution 97-55 the City Council accepted bids and awarded the contract for City Project 95-19, Shady Island Bridge, to Jay Brothers, Inc.; and WHEREAS, concerns regarding the long term stability and cost effectiveness of using modular block retaining walls along Lake Minnetonka for the approach roadways were further reviewed; and WHEREAS, it was determined that over the life of the bridge boulder retaining walls would be more cost effective and aesthetically pleasing to the project; NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council authorizes expenditure of funds for Change Order #1, Project 95-19, Shady Island Bridge, in the amount of $6,982.50 paid directly to Jay Brothers, Inc. for the furnishing and installation of boulder gravity retaining walls, as specified by the City Engineer, in lieu of modular block walls as originally proposed within the contract documents for said project. ADOPTED by the City Council of the City of Shore wood this 13th day of October, 1997. T om Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk ) . . . . . Messages on the Shoreline: Wednesday, October 1, 8:48 a.m. You are always talking about the snowmobiles not obeying the rules on the trails - you need to enforce it with your bicyclists and your runners. They come running through onto the main roads without so much as a look. Either put bigger stop signs on the trails or have your police start enforcing those, especially on Smithtown and Eureka and Strawberry. I have almost hit bicyclists twice and runners. Thursday, October. 2, 1997 Yes, I have a suggestion for your next publication, and that is you explain the role of the Metropolitan Council, how large they are, what their budget is, what their authority they have over say our village, Shorewood, what the salaries are, why do we need them or why did we need them and they went out of existence, and do they have the power to levy taxes? it would be a good research and be interesting reading. I thank you. #- JOB . . . . . AGREEMENT TO BURN STRUCTURES This Agreement is made this 2nd day of October , 1997, by and between the CITY OF SHOREWOOD and its FIRE DEPARTMENT ("City") and Dave & Lori Free ("Owner"). Owner has requested the services of the City to burn the structures on property located at 5885 Seamans Drive , in the City of SHOREWOOD. City agrees to perform this service to provide training for its Firefighters. In consideration of the mutual covenants contained below, the parties agree as follows: 1. Owner represents that it is the legal owner of the property to be burned, and said Owner has attached a copy of the legal document(s) establishing its property interest. Owner hereby authorizes the City to burn the structures described in paragraph 2. If there are any outstanding liens or mortgages, or other parties with legal interest in the property, Owner shall obtain consent signatures from these parties on this Agreement. 2. The entire physical description of the property to be burned is: House 3. Owner agrees to keep the property secure until the City performs the burn. Owner shall provide a key to the City for access. 4. Owner agrees to have all personal property removed from the property by October 10, 1997. City assumes no responsibility or liability for personal property remaining on the premises which is damaged during the performance of its services. 5. Owner must notify the following agencies to disconnect utility services to the premises: Minnegasco, Northern States Power Company, Northwestern Bell Telephone, and City of SHOREWOOD. These disconnects will be accomplished by Dave & Lori Free . 6. Owner shall obtain a Demolition Permit from the City of SHOREWOOD. :trIO C~ ;" ~ AGREEMENT TO BURN STRUCTURES Page 2 of 3 7. Owner agrees to hire a properly licensed contractor to disconnect the municipal water and sewer connections to the property and/or to cap the well and collapse and fill the septic tank. . 8. City will notify Owner as soon as the burn is completed. The burning shall be completed no later than November 7. 1997 9. Owner agrees to secure the area surrounding the burned property within 24 hours after the City has notified Owner of completion of the burn. 10. Owner agrees to fill any excavation to grade within 120 hours after notification by City of completion of the burn. 11 . If Owner fails to complete the items set forth in paragraphs numbered 8, 10 and 11, Owner agrees that the City may complete the work and assess the cost against the property without any notice or public hearing. . 12. Owner accepts all responsibility for injury or death to others who enter the property before and after the City has completed the burn. 13. Owner shall defend, indemnify and hold harmless the City, its officers, employees, volunteers, and agents for all claims, damages, losses and expenses, including but not limited to attorney's fees, which they may incur or for which they may be held liable, for personal injury or death and property or loss, resulting from the performance of the above described services, except those resulting from the City's negligence. . CITY OF SHOREWOOD By bL~.. . TITLE CI +<--J- Ac..L rYII VI I '-~ t-ra.....t-o.- ow~~;. (J ~. C0JL . Name: Dave & Lori Free 3921 Maole Shores Drive, Excelsior. MN 55331 Address (Home) 470-0712 Phone Numbers (Work) 559-1974 . . . . . . AGREEMENT TO BURN STRUCTURES Page 3 of 3 The undersigned, being the Fire Chief of the SHOREWOOD Fire Department, in behalf of the Department, does accept the within request to burn the structure located on the property described in this letter, and the Department will for training purposed burn the structure between the dates of October 1. 1997 and November 7. 1997 Dated: October 2. 1997 MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Krist! 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.netlshorewood cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works~ October 8, 1997 . FROM: DATE: RE: Shady Island Bridge - Extended Construction Hours The City's policy on working hours is as follows: . Weekdays 7:00 a.m. to 7:00 p.m. Saturdays 8:00 a.m. to 5:00 p.m. Sundays No work allowed To date, the contractor for the Shady Island Bridge is on schedule with the bridge reconstruction project. As originally scheduled, the actual bridge structure is to be up on October 31, 1997. As . always, this is dependent upon the weather. In discussion with the contractor, they are admittedly a bit shaken by all of the predictions that have come to light for the November weather forecasts. EL Nino has surfaced within all of the recent long term predictions and is predicted to produce high snowfall amounts in early November and on through December. As such, the contractor has requested permission to work on Sundays to insure that the bridge is completed in time for November 1st. A polling of a few of the Shady Island residents indicates that the residents would be appreciative of the contractors extra efforts to complete the bridge. Even if this means working on Sundays. Staff is recommending that if the contractor chooses to work on Sundays, that the hours be limited to the same schedule as the normal Saturday hours. Under the current City policy, the Director of Public Works has the authority to permit work beyond these hours, where appropriate. . I would be interested in any comments or concerns from the City Council. Otherwise, I will grant the contractor permission to work on Sundays within the limited hours. In addition, a notice will be sent to the residents notifying them of the change, and to call with any questions or concerns they might have. A Residential Community on Lake Minnetonka's South Shore #IO~b .Stover gone , I ! .Sunr;(r;i./4 November 1997 Sa-a-trr;ia14 I .Stover gone 61 I I I 9 wi n . al 3 7:30p City Council Veteran's Day 7:00p LMCD CC 19:ooa PACE Demo 'I I 7:30p Park Com I I I 19 20 21 7:30p Park .City Appreciation I Foundation I Prnty I ! 261 Thanksgiving 271 Office Closed 2B I 2 '1 8 3 7:oop Planning Comm ~ 1~ /5 /6 1'1 1B 7:00p Planning Commiss.ion 22 29 23 2~ 25 7:30p City Council 11:30a Office staff meeting 7:30p Park Com 30 December 1997 lv1onc!C1L1 ~rf"fesd(/i0 Vl.lect;-tesdc1!A 'ThfArsc-trAU 1ridt1!4 Sf/lturcifAl.f 1 7:00p Planning Comm 2' 7:30p Truth & Taxation 5 6i I I I I 131 I I I i 3 4 ? 7:30p City councf 17:30P Park Com 9 111 I 12 10 7:30p Truth & Taxation - Reconvened I 14 1~1 I I i i I fi ~ ~ AI b 7:30p City Council 11:30a Office staff Office Closed at Christmas meeting Noon .1. ~..... .... ......... 7:30p Park Com i .. .> i :"- ',::: I :..... .-.-"-. j.--...-...-... :"-, 15 16 7:00p Planning Commission 18 19 261 I I 1 I 28 29 30 31 . . .....w..._.~;,.........._n._h.. -,- KELLY LAW OFFICES :.:\ IS ~ i~ Ii \\!7l-~ !.:\ il II . . i r\~ SF P! ti ...19 97 i I ;; uu -'-.. ~ \ (612) 474-5977 FAX 474-9575 Established 1948 351 SECOND STREET EXCELSIOR, MINNESOTA 55331 MARK W. KELLY WILLIAM F. KELLY (1922-1995) By September 3, 1997 Clarence Clofer American Legion Post 259 24450 Smith town Road Shorewood, MN 55331 Mr. Jim Herm City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Sandra Langley Greenwood City Clerk/Administrator 22025 Cottagewood Road Deephaven, MN 55331 Mr. Craig Dawson City Manager City of Excelsior 339 Third Street Excelsior, MN 55331 Mr. Patrick Wussow City Administrator City of Tonka Bay 4901 Manitou Road Tonka Bay, MN 55331 Re: 1998 Fourth of July Celebration Dear City Administrators and Commander of American Legion Post: Since 1987, I have been involved with the Fourth of July celebration here in Excelsior and each of your cities and the American Legion Post has been integral in supporting that continuing celebration. This year's event was the best attended ever. The event, however, is unique amongst those sponsored by the Excelsior Area Chamber of Commerce insofar as there is no practical way to charge admission or sufficiently fund the event through the sale of permits to sell goods. Consequently, the Chamber of Commerce has relied on your Cities and the American Legion's donation (approximately $6,500.00 total), that of general public cash donations (approximately $2.500.00). contribution from the Chamber of Commerce foot race (approximately $1,500.00), and miscellaneous Chamber funding deVices $2,500.00. The remainder has been donations from local area businesses. Financial support from local area businesses. however, has grown difficult to obtain. This area, unlike our neighboring community of Chanhassen, does not have a retail and industrial base which can be tapped for considerable financial jF/ I B KELLY LAW OFFICES -2- contribution to offset the cost of the fireworks display and the attendant, police. sanitation and music expenses which total approximately $18.000.00. The Excelsior Area Chamber of Commerce faced with two years of deficits in conjunction with this event will be taking under consideration whether or not the Chamber should withdraw as the financial underwriter of the event. ObViously. the Chamber of Commerce cannot afford to sustain repeated losses in conjunction with this community-wide celebration. The Chamber is of the opinion that this event is valuable to the community and serves families. business and the general image of the area as a whole. The ownership of the event, however. needs to be broadened and a new fundraising committee established that will bring renewed energy to the problem of funding the event. Given that your community or organization has taken a particular and consistent interest in supporting the event. the Chamber requests that you consider appointing a representative to a new governing body for the management of the Fourth of July celebration. This committee should be selected and organized not later than December 1 st so as to proVide adequate time to make the solicitations and plans for the 1998 event. We. therefore. ask that you consider two courses of action: . 1. Agreeing to increase your own funding of the event for 1998; and 2. Show your support for the event by naming a person or persons from your community or organization to organize and meet the fundraising needs necessary to hold this event. We. at the Excelsior Area Chamber of Commerce look forward to hearing from you on this issue. Your reply not later than October 10th would be most appreciated. . Thank you for your consideration. - Sincerely. Z::ll:~ 1997 Fourth oj July Co-Event Chair MWK/tas cc: Karen Frazier President, Chamber of Commerce CHECK APPROVAL LISTING FOR OCTOBER 13, 1997 COUNCIL MEETING CHECKS ISSUED SINCE SEPTEMBER 24, 1997 CKNO TO WHOM ISSUED PURFa5E AMOUNT 21582 BILL JOSEPHSON SHELVING-LIQ STORE $200.00 21583 AT&T WIRELESS AIR TIME 138.22 21584 ALAN ROLEK SEC 125 REIMB. 100.00 21585 US WEST COMMUNICATION 779.07 21586 CHICAGO TITLE INS. CO. ESCROW REFUND 3,900.00 21587 DAHLHEIMER DISTRIBUTING BEER PURCHASES 429.55 21588 . DAY DISTRIBUTING BEEPJMISC PURCHASES 2,980.25 21589 MARLIN'S TRUCKING FRBGHT 187.20 21590 QUALITY WINE & SPIRITS L1QUORIWINE PURCHASES 885.80 21591 CAIRNS & BROTHER, INC HELMET CAM-MOUND FIRE DEPT 455.00 21592 US POSTMASTER OCTOBER NEWSLEITER POSTAGE 538.15 . 21593 PERA OCTOBER PERA LIFE INSURANCE 45.00 21594 ICMA RETIREMENT TRUST 457 DEFERRED COMP 1,533.36 21595 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 929.00 21596 PERA PERA. 2,510.39 21597 MEDICA OCTOBER HEALTH INSURANCE 4,862.60 21598 HEALTHPARTNERS OCTOBER HEALTH INSURANCE 2,912.51 21599 LEAGUE OF MN CITIES OCTOBER DENTAL INSURANCE 562.76 21600 MINNESOTA MUTUAL LIFE OCTOBER SIT DISABILITY 90.00 21601 UNUM LIFE INSURANCE CO OCTOBER LIFE INSURANCE 85.90 21602 AFSCME COUNCIL 14 OCTOBER DELTA DENTAL 224.00 21603 MN DEPARTMENT OF REVENUE STATE TAX WITHHELD 1,272.90 21604 JOHN ARNOTT SR.. CENTER COUNTERTOPS 645.00 21605 CITY OF GOLDEN VALLEY GOVT P/R REVIEW-HEBERT 10.00 21606 KATHLEEN HEBERT SEC 125 REIMB 240.00 . 21607 HENNEPIN COUNTY TREASURER HALF SECTION MAPS 51.00 21608 DREW KRIESEL SEPTEMBER JANITORIAL 230.00 21609 JOSEPH LUGOWSKI SEC 125 REIMB 131.38 21610 THERESA NAAB MILEAGE/TUITION/SEC 125 412.84 21611 BRADLEY NIELSEN SEC 125 REIMB 100.00 21612 JOSEPH PAZANDAK SEC 125 REIMB/MILEAGE 369.87 21613 CITY OF TONKA BAY OCT. RENT-TB L1Q 1,000.00 21614 US POSTAL SERVICE POSTAGE FOR METER 1,000.00 21615 US POSTMASTER 3RD QTR U/B POSTAGE 486.14 21616 WASTE MANAGEMENT WASTE REMOVAL 186.45 21617 GRIFFIN COMPANIES OCT. RENT-L1Q I 6,901.00 21618 MARLIN'S TRUCKING FRBGHT 75.20 21619 QUALITY WINE & SPIRITS L1QUOR/WINE 1,282.83 21620 TOWLE REAL ESTATE CO OCT. RENT-L1Q II 3,358.79 21621 HENN CO TREASURER 2ND HALF TAXES-S/A 32-34-31 1,690.41 21622 NORTHERN STATES POWER UTILITIES 4,474.86 Page 1 . . CKNO 21623 21624 21625 21626 21627 21628 21629 21630 21631 21632 21633 21634 21635 21636 21637 21638 21639 21640 21641 21642 CHECK APPROVAL LISTING FOR OCTOBER 13, 1997 COUNCIL MEETING CHECKS ISSUED SINCE SEPTEMBER 24, 1997 TO WHOM ISSUED SPRINGSTED US WEST WASTE MANAGEMENT JEFF LINK BELLBOY CORPORATION BELLBOY BAR SUPPLY DAHLHEIMER DISTRIBUTING DAY DISTRIBUTING GRIGGS, COOPER & CO JOHNSON BROS. LIQUOR CO LAKE REGION VENDING MARK VII MARLIN'S TRUCKING NORTH STAR ICE NORTHWESTlYPEWRITER PAUSTIS WINE COMPANY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THORPE DISTRIBUTING THE WINE COMPANY PURR:SE 97 PUB FIN SYMPOSIUM-ROLEK COMMUNICATIONS OCT. WASTE REMOVAL-TB L1Q ESCROW REFUND L1QUORIWINEtMISC PURCHASES SUPPUESMISC PURCHASES BEER PURCHASES BEERiMISC PURCHASES UQUORIWINEtMISC PURCHASES UQUORIWINE PURCHASES MISC PURCHASES BEERiMISC PURCHASES FREIGHT MISC PURCHASES REGISTER INK WINE PURCHASES UQUORIWINE PURCHASES UQUORtWINE PURCHASES BEERiMISC PURCHASES WINE PURCHASES TOTAL CHECKS ISSUED Page 2 AMOUNT $50.00 293.49 33.86 200.00 7,786.16 336.45 989.30 3,772.60 14,799.20 9,447.22 1,793.33 5,812.75 180.00 617.04 19.00 339.50 8,035.63 1,542.78 17,651.95 430.1 0 t. ~~~Q j',-.! I ~...J(]f:.',: Wd!l~~-"N01'.!.~~1~8n(~ Sd?~.iST~8r1~ SS~8."..~.~;SS()[~ '-'. ....... -.- -~. 'H' '~~' L {.. ,~:8 "l.t~Z ~ F~ N3A0d9 ~ Aa3NN3~ dOJ ~0101 *** dl~ dS-~093~ Isn9n0 7;8" ()S'S ~ /. OO-ZB~ S.I.~3rOHd (:.FJ S :::!O dd ~~H3N38-~~83l ,!_Sn8n~ N3A0d9 ~ Aa3NN3~ 999TZ 00"9";~<T Of) "Oo;'T ()() .. ';8 Tt," O~T TO' ";9t' BS"T2: lB"TZ t;1t) .. T()9 9a~8 NnW SNY GN08 dW3 ~ d31ndWO~ 3~N0HnSNT OH~d0r N3~ ";99T2: 30 d3M3S NOT101S IJT~ Id ~~ S~W-X NIO~3M ~ H3~~3dOHd N3SN3r ~99TZ SNT 10Hd ~~GN~7~d-S3nG dTHSH38W3W 3~N3H3dNO~ ~~NOTI~NH3INT 999T2: d79 AIT~ S3T~ddns dOHS AN~dWO~ SId0d SNT~dOH 2:99TZ 3~;-..J~f..J T :::1 S:-l~l3H~l d/t; S3~HnOS3H IN3wn~oa T99T2: C;!."~v 30 e13(v'13S 30 (:J3.i. ~j!'v'1 ~~~-3NO 31~lS H3Hd09 dOd ~~10.i. *** 3~ I t\eJ3S ~~t;~l 3r-!0 3~TAd3S ~~~~ 3NO NI <~~~~-3NO 3.i.~1S d3Hd09 ()99TZ eM9 Al T~ Sl^JdO::.J I r-lI'l S3~YAd3S ~ ~ 9 6C;9T2: 1S3no NI~~N~Hd dO::.J ~~101 *** S (:J 3 f,H,.J t; ~ d At.;,:] Sd3Nh!t;-id At:!O . 0;'9" 98 C;v"C;v 9NrNN~~d 02:"89 3~N~NId OT"08~ ()() .. ()9 C)C..." S'~Z: f:<.t7 8()" <::91" (:eel" ()t:t() -.:; T f;t~ .. 9Z(:",lt:; t7<;' ()() .. 92: o;.t' " 98v ()C.J .. t;l8 96" t'T TT " t'6 ";6"02: 1S3no NT~~N0Hd 8C;9T2: H~~:J Al I~ ~3n::.J 9NI~3n::.J 133~d ~Nrd 1";9T2: 30 (:f3J0i-l1 ~0JN3d H3NI~JNO~ "~NI .S~OHJNO~ 31IH-G33J 9";9TZ fHT)A~3~':! 9NI~~A~3H Jd3S "~NI 9NI~~A~3H 7-3 ";";9TZ .I. /\0::) f.J39 H3NOJ H31dO~ JSAS SS3NTsn8 031~NlaHOO~ v";9TZ .!..1\09 H39 9Nll~nSHO~ H31ndWO~ (3H1) ~~W 9NIJ~nSNO~ 9";9TZ .l.WAd ~~NIJ-d3MO.l. H3J~M ~NT .NO~ ~N 18~ Z";9TZ IS31 HJ~3H8 woaH~H S3~lI/\e13S Hl~t;3H SS3H1sns ~';. "~NI ~Sd~I8 ~J~9Tl, >R S~el\-}d ~~1N3H 13~TO.l. 3~801HOd ~~lt;d 1 ~;;O:J eLl.:) HS NHor <J.J.OHd0 6~9TZ 9i-11 NN~j~d S31~ddns 9HrHN~~d S W:10i"tU:!? 8'V? T Z >R S:-.{cJ~d SH9IS }idt;d "~Hr .N3SH3aN~ "d ~d~3 lt19TZ 9r-n ;-.Jr-J~rld ~008 3Sn aN~~ "~OSS~ 9NINH~~d N~~Id3W0 9t19TZ 9NIH33NI9N3 H~~IH3W~ ";v9T2: 0";"10Z.T -------- 9NTlS31 ~1~ HS r-!OSf'..JI8~t; H'9TZ IT"6T 9NTNN~~d SHOll~naOdd3H ~I~n~ "SW~O~ 9~9TZ OO"O~ .1./\09 N39 lSIHOrld3~3H dW31 --.-----------------.-----.--- ----.---- --.--------- -------- -----------------.-.-------. 3W~N dOON3/\ #~~3H~ .l.NnOW~ "ld30 NOTldIH~S30 9.1.W ~I~HnO~ 166T <9T "l~O dOd IST~ ~~/\OHdd~ ~~3H~ CITY OF SHORE WOOD CHECK APPROVAL LIST FOR OCT. 13, 1991 COUNCIL MTG CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- -------------------------- ------------------------ ------~-- ----------- 21668 LK MTKA CONSERV. DISTRICT LMCD BUDGET 21669 LEAGUE OF MN CITIES INS TINS DEDUCTIBLE-VEH ACC 216/0 LONG LAKE POWER EQUIPMENT EQUIP MAINT 216/1 M/A ASSOCIATES INC. PAf~K SUPPLIES COUNCIL 4. 2(JI .58 fvlUN BLDG S()() .. CI1:) CI TY Gr.'4R 11.90 Pf~f~~KS & 102.14 21672 MAC WAREHOUSE SOFTWARE UPGRADE/CD ROM MUN BLDG 2/.l() .. ()(J 21673 MIDWEST ASPHALT CORP. Tr.'4CK 21674 MINNCOMM PAGING PAGER .'...c. bl-:J MINNESOTA DEPT OF HEALTH 3RD QTR WATER SVC CONN 21676 MN SUN PUBLICATIONS LEGAL ADS 21677 MCDOUGLE, JAMES COMPUTER CONSULTING 21678 WM. MUELLER & SONS, INC. BLACKTOP 216/9 NAVARRE TRUE VALUE SLDG MAINT EQUIP IvlAINT EQUIP MAHiT SUPPLIES PAf~K SUPPL 1 E S *zz TOTAL FOR NAVARRE TRUE VALUE 21680 ORR,SCHELEN,MAYERON/ASSOC . DE\I REBILL SR C Tf~: ENG SHADY ISLAND BR ENG BLDR/BADGER ENG EUREKA F-:D ENG SO LINK ENG Slyll THTO\^,IN ENG FOR ORR,SCHELEN,MAYERON/ Z;;CZ TOTAL 21681 PITNEY-BOWES INC. MAIL POUCH-MAYER PACKET 21682 SHOREWOOD TREE SERVICE TREE/BRUSH REMOVAL 21683 SHORE WOOD TRUE VALUE SR CTR BLDG MAINT-PARKS EQUIP MAINT-WATER ;;cz* TOTAL FOR SHOREWOOD TRUE VALUE 8~1", l-;,t STh~EETS CITY Gf:\R 8..4'/ 1,^JATEf~ DE 1~:52l..()() 1Gc:., 'n F._.b~ GEf'..j GO\I T 1'92 ..l~~ STREETS 4,.546.24 PARKS & 15..07"- WATER DE 3.61- CITY GAR 0.96 CITY GAR 8.2.5 PARKS & 66.12 56..59 8'''- nn .....).....,...... 86':';' . 00 "l {,J() ... ()() 564.59 85.00 267 . 40 5'-1.2.. ()() ~l , 112 .. '9'9 COUNCIL 1.5.00 TREE r1r=\ I 1,292.50 ~1 . nq ...L.'JF Pr-;Rf",S . & Ifo.IA TER DE 63.4/ 2 () .. ~.' .::. 1.4.::;' 644.12 21684 SO LK MTKAPUB SAFETY DEP CIVIL DEFENSE SIREN REPR POLICE P ~5 ~ )' ,q() ,...56 21685 SULLIYAN UTILITY SERVICES X-MAS LK PT LIFT STATION SEWER DE 21686 SUPERAMERICA FUEL p~('y.o b. c.~ I 'i' \t' t;; :::{ f;"~ ..:1.l..:l.. .:'::1)' CITY OF SHORE WOOD CHECK APPROVAL LIST FOR OCT. 13, 1997 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -----.--- ---.------------.---------- --------------------.---- -------- ----------- 21687 TIME SAVER OFF SITE SEC COUNCIL MTG MINUTES GEN GOVT 394.25 PLANNING COMM MINUTES PLANNING 108.75 *** TOTAL FOR TIME SAVER OFF SITE 503.00 21688 TONKA AUTO AND BODY SUPP SHOP SUPPLIES CITY Gr=~R 4/.89 21689 TONKA BAY-CITY OF WATER PURCHASE-TS SEI,^,IEi~ SVC TB LIQ UTILITIES *** TOTAL FOR TONKA BAY-CITY OF WATER DE 282.49 SEWER DE 235.30 LIQUOR 95.73 613.52 21690 TSP/EOS SR CTR CONSULTING -------- 518.65 '691 ..:":.1692 \^,I. li-,I. Gf~A I NGEf~, INC EQUIP j1AINT CITY GAR 67.67 *:;.:* TOTAL. 1,^,IATEF'~ rlETERS SUPPL.IES EOUIP j-1AH-lT EQUIP j-h';u.n F OF,~ ~^Jf-; T ERPF<O WATER DE 605.28 WATER DE 390.59 SEWER DE 390.59 WATER DE 113.08 1,499. .54 lA'ATERPRO 21693 WILSONS NORTHWEST NURSERY SHRUBS-MANOR/SILVER/CATH -------- .::;,81.49 2.1694 ~^IISB f~r'~O ASSOCIATES DEV REBILL. CONSTRUCTION PROJECT OBS CONSTRUCTION PROJECT OBS *** TOTAL FOR WSB AND ASSOCIATES 8,105.25 2'7""'.. i.::. STREETS 4/9./5 8,862.7.:" :(ClC;.: TOTAL CHECKS FOR APPROVAL 1n 7 <J.<1q q 7 ......, ,. . ,... .. ... . . **;;.: TOTAL CHECK APPROVAL LIST 229,847.76 n............... ::: CHECK TYPE C 011 C In-! . cor1 CUi1 COf-l CUi-! COrl C01"1 COf-! COf-! COf-i COM cm"; C01"! COf-j COf-i cm"j C011 COM COI-, COf"! COM cm-! COf-l cm-! cm-! cm-! C011 C01-! C01-! COr! c 011 cm-! C01-! COr! . C H E C K REGISTEf~ CHECK EMPLOYEE NAf-lE DA T E NUI1BEf.~ 9 30 97 109 EMILY G BASTYR 9 30 97 110 CONNIE D. BASTYR '9 ~,(J ~4 'l 9 3C' 97 ':.1 ~I iJ 9 '7 I~ ~I(J 9? \~ 3(J ':; l 9 3() 9'? Si 3(,' ':,:))" '9 3C. 9'/ '9 3C' 9/ 9 30 97 '9 3() 9/ 9 30 97 ') 3{". 9"'" 9 30 91 S' 3() 9l 9 ~I() 9","10 s~ 3() '7 l 9 3() 97 '9 .::; I.,) I:; '7 9 30 9/ 9 30 9/ 9 '::A' 97 (9 3() 9'l '9 ~I() 9 '7 '-";) 30 '9J' ~9 3() f~l <;) 3() '9:;- 9 3() 9)' 9 30 9/ ~~ 3() 9"7 9 3() 9/ ~4 3(J 9l 9 3() 9/ 115 LAWRENCE A. BROWN 325 ANGELA M. COLE 5nn CHARLES S. DAVIS 775 JAMES C. EAKINS 1,Gn KATHLEEN A. HEBERT 1400 PATRICIA R. HELGESEN 1550 JAMES C. HURM 1601 BRIAN D. JAKEL 1700 JEFFREY A. JENSEN 1800 DENNIS D. JOHNSON 2100 WILLIAM F. JOSEPHSON 2200 JOSEPH S. KAGOL 2500 SUSAN ~ LATTERNER 2550 PETER W. LENZEN 2800 JOSEPH P. LUGOWSKI 2805 JASON R. LUND 2900 RUSSELL R MARRON 3000 THERESA L. NAAB 3100 LAWRENCE A. NICCUM 3400 BRADLEY J. NIELSEN 3435 ANDREW C. OTTEN 3S0() JOSEPH E. PAZANDAK 3580 CHRISTOPHER J. POUNDER 3600 DANIEL J. RANDALL 3701 BRIAN M. ROERICK 3800 ALAN J. ROLEK 3815 MICHAEL J. RUFFENACH 3900 CHRISTOPHER E. SCHMID 3910 R CONRAD SCHMID 4200 BRENDA L. SMITH 45/5 REBECCA A. TARVIN 451/ PAMELA J. HELLING 4750 RALPH A. WEHLE :l(;;.:::l<;lC TOT ALS;lC;lC;;':;;: D~~~ ~ CI-IECK NUf1BER 2l22~52 212233 212234 212235 212236 212231 212238 2.l22~59 21224() 212241 212242 212243 212244 212245 212246 21224/ 2.12248 212249 2122s() 212251 212252 212253 2l225~+ 2122.55 212256 212257 212258 212259 212260 212261 212262 212263 212264 212265 212266 CHECK Af-IOUN T 2l.02 393.87 1432.48 33l.54 l61.40 lll.60 661.l3 554.85 ll48.30 153.84 921.51 843.40 632.94 125.41 642.68 114.99 8/5.0.5 395.93 32.35 601.57 1124.4() 8l2. 8'~ 2() . 2() 1085.65 819.17 991.18 6"7.15 .llr.12 .. ()3 270.96 604.94 45.20 199.35 289.94 209.05 669.56 20386.l3