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051396 CC Reg AgP . ." ~ " CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, MAY 13, 1996 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Bean Stover Benson Shaw McCarty B. Review Agenda C. City Council Review and Acceptance of Statement of Purpose, Statement of Goals, Statement of City Values and City Council Priorities for 1996 2 . APPROVAL OF MINUTES A. Reconvened Board of Review Minutes April 22, 1996 (Att.-i2A Minutes) B. City Council Regular Meeting Minutes April 22, 1996 (Att.-i2B Minutes) C. City Council Work Session Meeting Minutes April 22, 1996 (Att.-#2C Minutes) D. City Council Special Meeting Minutes May 1, 1996 (Att.-#2D Minutes) E. Mayor to Report on Special Council Meeting Held May 1, 1996 3 . CONSENT AGENDA - Motion to approve Consent Agenda << Adopt Resolutions items on Therein: A. A Motion to Adopt a Resolution Appointing Election Clerk (Att.-#3A Proposed Resolution) B. A Motion to Adopt a Resolution Approving an On-Sale and Sunday Liquor License for the Minnetonka Country Club (Att.-i3B Proposed Resolution) C. A Motion to Adopt a Resolution Assuming Responsibility for Roads and Utilities in Smithtown Way Easement (Att.-i3C Proposed Resolution) . ., .... ~ CITY COUNCIL AGENDA - MAY 13, 1996 PAGE 2 OF 3 D. A Motion to Adopt a Resolution Making Appointments to the Shorewood Park Foundation Board of Directors (Att.-#3D Proposed Resolution) 4 . MATTERS FROM THE FLOOR {Presentations are limited to 3 minutes. No Council action will be taken.} 5 . PARKS - Report by Representative Report on April 30, 1996 Meeting 6 . PLANNING Report by Representative A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Rezoning and Conditional Use Permit ~ Watten Ponds P.U.D. (Att. #6A Planner's Memo, dated 27 February 96; #6B Wetland Delineation Report, dated 16 January 96; #6C Engineer'S Memo, dated 1 March 96; #6D Planner' Memo, dated 2 March 96 #6E Additional Info From Applicant, dated 4 March 96, #6F Planner's Memo, dated 11 April 96, #6G Resident Correspondence) Applicant: Dahlstrom Abingdon L.L.P. Location: 5340 and 5370 Eureka Road 7 . PRESENTATION BY EUREKA ROAD RESIDENTS ON PROPOSED IMPROVEMENTS (Att. -#7 Letter from Greg Larson) 8 . PRESENTATION BY SMITHTOWN COMMITTEE ON PROPOSED IMPROVEMENTS (Att. -#8 Letters from Tom Dahlberg and Erick Kaardal) 9 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING CONSULTING ENGINEERING CONTRACT FOR 1996 PROJECTS (Att.-#9 Proposed Resolution) 1 o. CONSIDERATION OF A UTILITY FEE REDUCTION ON FINAL BILLING (Att.-#10 Finance Director's Memorandum and Letter of Request) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF AN URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT (A t t . - #11 Proposed Resolution) B. Report on Voice Mail System at City Hall 12. ADMINISTRATOR Iii: STAFF REPORTS A. Report on Recycling Chipboard (Att.-#12A Staff Memorandum) C. Report on Development of Home Page (Att.-#12C Staff Memorandum) l;- ~, "'" . CITY COUNCIL AGENDA - MAY 13, 1996 PAGE 3 OF 3 13. MAYOR Iii: CITY COUNCIL REPORTS 14. ADJOURN TO SUBJECT TO APPROVAL OF CLAIMS (Att.- #14) '.'"'''''' I.... . i.1 < 't ~ I F. .. t. ' t ~ ; \ I · ... ~ !f f ~ .'t r-~ .1 ~. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING MONDAY, MAy 13,1996 Agenda Item #lC: The Council should review and consider accepting the revised Statement of Purpose, Statement of Goals, Statement of City Values and City Council priorities for 1996. Agenda Item #3A: This resolution appoints Sue Grahn as Shorewood's Election Clerk for 1996 Primary and General elections. Sue has been our Election Clerk in the past. Agenda Item #3B: This resolution is the appropriate annual liquor license awarded to the Minnetonka County Club. Agenda Item #3C: As you recall the proposed road for the Smithtown Meadows project requires a crossing of the H.C.R.R.A r.o.w. In its approval of the crossing the County requires an agreement stating that the City is responsible for maintenance of the street and utilities within the easement. Agenda Item #3D: Annually the City Council passes a resolution making appointments to the Shorewood Parks Foundation. Jennifer McCarty as Park Foundation Liaison has worked with us in pulling together the recommendations presented in this resolution. Agenda Item #6: The Dahlstrom Abingdon LLP proposes to develop approximately 14.5 acres ofland on the west side of Eureka Road into 12 single-family residential lots. The request requires a rezoning from R-IA to R-IC and the developer proposes to develop the site as a P.D.D. After considerable discussion, the Planning Commission recommended that the developer submit a revised plat showing no more than 10 lots on the property. They also asked that tree preservation be enhanced on the plans and for the developer show that the development minimized site alteration. The developer feels strongly that his proposal complies with the Comprehensive Plan and that anything less than 12 lots did not make financial sense for him. The Planning Commission voted unanymously to deny the request for rezoning and the concept stage plan for the Watten Ponds P.D.D. As a follow- up, the Planning Commission proposes to revisit the portion of the Comp Plan which recommends rezoning to R-IC, feeling that a P.D.D. zoning may be more appropriate. Agenda Item #7: Greg Larson on behalf of the Eureka Neighborhood Association has asked to address the City Council concerning watermain assessments and the mandatory hookup question. He also would like to review with the City Council and City Attorney the documentation that supports the water assessment. A Residential Community on Lake Minnetonka's South Shore Executive Summary for City Council Agenda of May 13, 1996 Page 2 of 2 Agenda Item #8: Tom Dahlberg has asked to address the City Council on behalf of the Smithtown Neighborhood Committee. He wishes to address the Council concerning the Smithtown Trail and municipal water. A copy of letters from Mr. Dahlberg and Attorney Erick Kaardal are enclosed. Agenda Item #9: This is a motion to enter into a contract for professional engineering services with OSM Associates for the following projects: o Smithtown Road from Country Club Road to Eureka Road (roadway reconstruction and watermain); o Eureka Road (north) from Smithtown Road to Birch Bluff Road (watermain construction), o Strawberry Lane from Smithtown Road to West 62nd Street (road reconstruction and watermain), and o Smithtown Road between Boulder Bridge Circle to the Victoria Border (watermain construction). . Agenda Item #10: This is a request by Jim and Connie Volling, formerly of 6200 Sierra Circle, Shorewood, to abate a portion of their final utility bill. They feel that the consumption used to calculate their final bill is inaccurate. While the consumption is higher than normal, there are explanations for this happening which are explained in the staff memo. Staff feels that, while the comsumption is high, that the measurement is true and that it is entirely attributable to the V ollings. Staff recommendation is that the billing not be abated. Agenda Item #11: This resolution authorizes execution of the Urban Hennepin County Joint Cooperation Agreement for the years 1997 through 1999. Under the new plan, we will no longer receive an annual allocation as we have in the past but rather would be part of a pool of funds for communities receiving an annual allocation of less than $50,000. Executing the agreement makes us eligible to participate in the CDBG program and the HOME investment partnership program. Details of this new pooling of funds have yet to be finalized. I recommend passing the resolution. . . . CCIrIrW CCCDYlUWCCIIJL IPmrr([J)ffiIrIrIIIE~ IF([J)ffi 1l:D:D~ High Priority Assessment policy for street reconstruction when water is not part of the project Continue to pursue a mix of housing options of varying value for seniors. City Street Policies: establish design criteria, and MSA street designation Improve communications - pamphlets (i.e. signs) Ramifications of affordable housing legislation (be proactive) Address snowmobile related issues Revise and update the planning commission ordinance Continue to identify problem areas of the sanitary sewer system for televising, sealing and repair MediumlHigh Priority Completing Trail Plan along collector routes Improve image/relations among cities Increase the provision of facilities and services on a joint use basis between units of government Work on changing the sewer services method for charging for Inflow and Infiltration Fire Department - joint services strategy Establish a Shorewood improvement program to address issues of motivation and productivity of Shorewood employees including consideration of some form of merit pay Develop a commercial maintenance code 5/96 ....... ,4 CCIrJrlY CCCQ)1IJNCCIIIL IPffiIICQ)IllirlrIIJE~ }FCQ)ffi 1l~~ Medium Priority Improving administration technical efficiency (cost effective) Update the City's comparable worth pay plan Improve audio visual in chambers Rescue response time "Our Community. . .Our Youth" initiative - youth involvement Attempt to more fairly match mass transit service with taxation for mass transit Work with Excelsior and the other south lake cities in reviewing the police contract and address discrepancy in police service requirements of the various cities Charging utilities for use of right-of-ways Least Priority Undertake a City visioning process Rethink budget philosophy Develop regulations which limit the extent of damage done to city streets by garbage trucks or initiate the process of establishing refuse collection districts, awarding contracts to low bidding private haulers City Council - policy book Set aside land which is considered suitable for senior housing-arnl rigulUusly PQfsue '-a-8GllivL housing-project- Work with soccer, hockey and baseball youth organizations in providing additional facilities Develop a truth in housing code Update existing personnel relationship policy handbook Address the issue of whether there should be lights installed at the softball fields in Freeman Park Establish a policies and procedures manual Work with LMCD to identify a suitable location for public access to Lake Minnetonka . . 5/96 <Cull:! CIDff ~Ib(~)[r~\J1CIDCID<rll CQ)lf!W]}Url&tlllCID]]lmll CGCIDmll . To be recognized by Shorewood citizens as a model of good government by: 1. Providing a value in high quality services. Service excellence will be achieved by respecting employees as the City's greatest assets, and as team members with a shared vision of increasing productivity and accountability. 2. Serving in such an efficient, friendly manner that residents feel good about being citizens of the Shorewood community; continuously striving to keep citizens informed and asking for and listen to feedback; and utilizing "user friendly" municipal systems, processes and documents. Association with the City, in any capacity, should be as enjoyable and focused as possible. . 3 . Working closely with other governmental jurisdictions as well as the private and non-profit sectors to effectively address south Lake Minnetonka area issues and City goals. 4. Maintaining policies, plans and procedures which will secure financial stability for all City funds. 4/8/96 ~]]ICQ)ffilEWCQ)CQ)]]) CCIrIrV W Al1UJ1E~ The Shorewood City Council, in its governing role, is responsible for setting policies for the City, which are implemented by the Administrator and City employees. Furthermore, the Administrator, employees, and City Commissions propose overall goals, specific objectives, service levels, and action plans for Council consideration and direction. This "team" makes decisions and acts based on a strong set of values. The team values are: · A strong sense of commitment to the City and its Statement of Purpose. · Open, democratic government, enhanced by an informed populace. · Responsiveness to the needs and desires of the citizens; public service. · Fair and equal interpretation and enforcement of City Codes. · A reputation for dependability and integrity. · Teamwork and action oriented problem solving (acting rather than reacting). · Striving for improved productivity and efficiency through new technology and innovation. . · Employee selection by merit. · Professional development. · Respect for City employees who, with fair treatment, proper training, and a willingness to let them excel, will take pride in association with the City and serve the people well. · The provision of accurate, timely information to the City Council, through proper channels, so the best possible decisions can be made. · Adherence to professional, ethical standards of conduct. ADOPTED by the Shorewood City Council on Monday, March 9,1992. City Council Action: 3/1 0/93 1/1 0/94 1/23/95 1/22/96 . Reviewed Reviewed Reviewed Reviewed .. .... . CCIrIrV CQ)IF ~IHICQ)ffiJEWCQ)CQ)]]) This Statement is a point of reference for all decisions and actions of Shorewood City Officials and Employees. Statement of Purpose: To provide a value in municipal services, to assure compliance with community laws and standards, and to keep citizens informed of those services, laws and standards. Statement of Goals: To provide a focused direction for Shorewood, the City Council has adopted Organizational and Comprehensive Plan goals (attached). Statement of Expectations: To accomplish our goals we must serve in an impartial fashion; be open, accurate, patient and courteous; and take pride in the job we do. Let us know when we don't meet our expectations! . City Council Action: 10/28/91 2/24/92 3/10/93 1/1 0/94 1/23/95 1/22/96 Approved Reviewed Reviewed Reviewed Reviewed Reviewed ~/c., '- .. CCC{J)OOJPIlliEIEIIEN~IIWIE JPJLAN <GC{J)AJL~ A. Natural Resources The City will establish guidelines and adopt regulations to ensure preservation and protection of the natural environment. B. Land Use The City shall establish a pattern of land uses which is consistent with the residential and recreational functions of the community. The land use plan shall promote harmonious relationships between various land uses (e.g. homes, commercial outlets, churches, parks, schools, etc.) through proper development and locational planning. Through land use planning discourage land uses which are inconsistent with the residential and natural character of the community. C . Transportation The City shall provide and maintain a safe and efficient system of transportation, sensitive . to the needs of residents and the environment of the community. D. Community Facilities (CIP)/Services E. The City shall provide those basic facilities and services which ensure the health, safety and general welfare of the public, the cost of which facilities and services are most efficiently shared by the general public. The efforts of varying government agencies shall be coordinated to avoid duplication of efforts, unnecessary expense and improper location of public facilities. The City shall establish a basis for development and maintaining a sound financial planning program for capital improvements, relating such improvements to actual need, proper location and timing. Housing (From Resolution No. 95-107) The City shall promote the development of safe, healthy and affordable housing options: . · Explore the concept of cluster planning and cooperative efforts to address affordable housing needs in cooperation with the south Lake Minnetonka cities; · Complete the housing section of the Comprehensive Plan; · Pursue an estimated sixty units of affordable senior housing; · Work with the Metropolitan Council in addressing barriers to affordable housing in Shorewood which are direct responsibilities of the Metropolitan Council, most specifically, high metropolitan sewage charges and the lack of metropolitan transit service with no options for providing said services. 4/1/96 '" CITY OF SHOREWOOD BOARD OF REVIEW MEETING MONDAY, APRIL 22, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. RECONVENE BOARD OF REVIEW FROM APRIL 3. 1996 MEETING Mayor Bean reconvened the Board of Review meeting at 7:04 p.m. A. ROLL CALL Present: Mayor Bean; Councilmembers Benson, McCarty, Stover, and Shaw; City Administrator Hurm; Assessor Rolf Erickson. B. REVIEW AGENDA . Mayor Bean explained that the Assessor's Office has had a chance to review properties and the agenda would be to review the Minutes of April 3, 1996, and discuss any changes and recommendations as a result of the City Assessor's comments. 2 . APPROVAL OF MINUTES A. Board of Review Minutes - April 3, 1996 Benson moved, McCarty seconded to approve the Board of Review Minutes 0 f April 3, 1996. Motion passed 5/0. 3. RECONVENED BOARD OF REVIEW FROM APRIL 3. 1996 MEETING Mayor Bean asked City Assessor Erickson to review the changes which were made in the valuation of the following 16 properties which had requested review: . 35-117-23-13-0039 35-117-23-33-0040 36-117-23-24-0013 31-117-23-34-0006 36-117-23-41-0048 33-117-23-33-0017 32-117-23-42-0020 25-117-23-24-0041 34-117-23-22-0052 36-117-23-44-0064 34-117-23-22-0045 30-117-23-44-0009 25-117-23-23-0037 36-117-23-44-0070 36-117-23-31-0020 25-117-23-32-0037 Michael Fannon Jeffrey Williams Linda Tilton Michael Fox Kurt Niederluecke Olivia Anderson Phyllis Boegeman Kenneth Carlson Anne Carrier Timothy Ryan K. Ness Jeffrey Fox Bruce Sutherland Paul Strot Claire Sparber Stephen Chase 5625 Christmas Lake Road 6155 Deer Ridge 5620 Covington Road 27990 Smithtown Road 19420 Elbert Point 5820 Loring Drive 26390 Peach Drive 4845 Regents Walk 23810 Lawtonka Drive 6100 McKinley Circle 23740 Lawtonka Drive 5270 Howards Point Rd. 4910 Regents Walk 6145 McKinley Circle 5840 Ridge Road 4975 Kensington Gate Erickson explained that changes were made to the following properties: 36-117 -23-41-0048 36-117-23-44-0064 Kurt Niederluecke Timothy Ryan 19420 Elbert Port 6100 McKinley Circle ~~A ,. BOARD OF REVIEW APRIL 22, 1996 - PAGE 2 Erickson stated Phyllis Boegeman, 26390 Peach Circle, PIN 32-117-23-42-0020, had withdrawn her request for a revaluation. Erickson advised the Council he had received a letter from Pemtom Land Company dated April 3rd regarding the properties on Brynmawr Place. Erickson spoke with the owner who stated he has a number of Certificates of Real Estate Value and he has been selling these properties to the builders who are working there for between $70,000 and $80,000. These properties were assessed at $80,000 to $100,00. Erickson explained in detail the method used in determining the assessed value of the following properties: 31-117-23-13-0035 31-117-23-13-0037 31-117-23-13-0039 31-117-23-13-0041 31-117-23-14-0036 31-117-23-13-0038 31-117-23-13-0040 31-117-23-13-0042 City Assessor Erickson recommended decreasing the market value to $70,000 on the more inexpensive lots and to $80,000 on the more expensive lots based on the documentation which was provided by the owner verifying the lots had been selling for approximately that amount. Mayor Bean opened the public hearing at 7: 13. Hearing no response, the public hearing was closed at 7: 14 p.m. . Councilmember Stover asked for clarification of the difference in value of the two homes listed to Jeff Williams, 6155 Deer Ridge, 35-117-23-33-0040. Erickson explained that inflation had been taken into account since the sale of the 6175 Deer Ridge property was two years ago, as well as the larger size of the subject property. Erickson confirmed that all owners had been notified and he had not received any calls. Mayor Bean inquired about the Michael Fox property located at 27990 Smithtown Road, PIN 31- 117-23-34-0006, which site and structure are split by Hennepin and Carver Counties. Erickson indicated there were no changes made. The City is required to base the value on a certified copy of the survey. He had asked Jeff and Michael Fox if they could provide a more recent survey, but he has not received anything. Mayor Bean noted the structure is split 45/55 between Hennepin and Carver Counties and asked if this was correct. Erickson indicated that was correct and that the property owners had the option of submitting a more recent survey. . Councilmember Stover asked how long the survey had been in the me and Erickson noted the survey was dated 10/9/68 and that survey would be sufficient unless something had changed on the property. Councilmember Stover inquired if there were a more recent survey registered, would the property owner still have the right to appeal. Erickson explained if they submitted an actual survey versus a hand drawing, they would be able to appeal. Councilmember Stover also asked if the overall cost of the house and land were produced by the Shorewood City Assessor rather than Carver County. Erickson indicated the value was calculated by Shorewood City Assessor with a split worked out in conjunction with Carver County and that based on the evidence available, it appears to be the appropriate split. Stover moved, Shaw seconded to accept and approve the recommendations made by the City Assessor's Office and the appeals made at the Board of Review . . .. BOARD OF REVIEW APRIL 22, 1996 - PAGE 3 Meeting and the Pemtom Property with all of the recommendations. Motion passed 5/0. 4. ADJOURNMENT Benson moved, Shaw seconded to adjourn the Board of Review meeting at 7: 25 p.m. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wall at, Recording Secretary TirneSaver Off Site Secretarial ATTEST: --------------------------RorfERT B. BEAN, MAYOR ----------------------------------------- JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, APRIL 22, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Keane; Planning Director Brad Nielsen; City Engineer Larry Brown. B. Review Agenda . McCarty moved, Stover seconded to approve the agenda for April 22, 1996 as amended with Item 3B becoming Item 6A. Motion passed 5/0. C. Council Commitment Mayor Bean summarized the Council Commitment and explained it is a formalization of what is expected of Councilmembers. Mayor Bean stated the recommendation is, if the Councilmembers are in agreement with the Commitments, that each member sign the Council Commitment and it would be made a permanent record. Hearing no objections, Mayor Bean asked that each member sign the Council Commitment. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - April 8, 1996 McCarty moved, Benson seconded to approve the City Council Regular Meeting Minutes of April 8, 1996, as amended on Page 2, Item No. 4 to read, Matters "From" the Floor. Motion passed 5/0. . B . City Council Work Session Minutes - April 8, 1996 Stover moved, McCarty seconded to approve the City Council Work Session Minutes of April 8, 1996. Motion passed 5/0. C. City CouncilJPlanning Commission Joint Work Session Minutes - April 9, 1996 Benson moved, Shaw seconded to approve the City CouncillPlanning Commission Joint Work Session Minutes of April 9, 1996. Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for April 22, 1996. McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: ;t2B REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 . PAGE 2 A. RESOLUTION NO. 96-31, "A Resolution Approving a Liquor License for American Legion Post 259." B . This item has been moved to 6 A . C . Motion approving an Extension of the Deadline for Submitting the Final Plat for Manitou Woods by Omega Development, Inc. D. RESOLUTION NO. 96-32, "A Resolution Authorizing Water Charge to be Levied - 27000 Beverly Drive." Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None. 5. PUBLIC HEARING 8:04 P.M. - SMITHTOWN ROAD WATERMAIN EXTENSION PROJECT . A. A Motion Accepting the Feasibility Study and Ordering Plans, Specifications and Estimates for Project #95-15 Smithtown Road Watermain Extension from Boulder Bridge Circle to the South City Limits Engineer Brown presented a staff report wherein he reported a feasibility study has been prepared for the extension of a 12-inch watermain from Boulder Bridge Circle along the east side of Smithtown Road to the southern city limits. Brown stated the assessment for existing single family residential lots is calculated at $5,000. Assessment for newly created lots is $5,000, plus an additional trunk charge of $5,000, for a total of $10,000. Brown commented the Council may, in the future, discuss the issue of mandatory hook up. Currently, the policy states that residents have 18 months to hook up once the watermain has been . deemed acceptable. Mayor Bean opened the public hearing at 8:08 p.m. A resident inquired how the determination is made to come in through the driveway. Mayor Bean explained the water extension itself would be within the Smithtown right-of-way so there would be no intrusion on private property as far as the extension of the city line. The only time the issue of going up someone's private driveway would arise would be in trying to address the homeowners to the west of the road that are really not included in this project, but this would be the closest watermain to their property. The resident inquired if the total cost of $149,000 would result in surplus funds. Brown indicated there would be funds which will go back into the water fund. There are 15 parcels which will generate $75,000, approximately half of the project cost. The remaining funds will ultimately be used to get water to the other parcels in the future.. Bill Wicka, 27930 Smithtown Road, stated he supports the project. He stated his neighbor, who owns the road, has agreed to grant an easement to allow him access to hook up. . . REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 - PAGE 3 Hearing no further public comment, Mayor Bean closed the public hearing at 8: 11 p.m. Mayor Bean stated he had received a letter from Theodore and Barb Mortonson, 27920 Smithtown Road, expressing their support for water service. Mayor Bean stated he would not agree to this project now if it were not for the Victoria extension. He also pointed out that during the neighborhood meetings, several residents from this area expressed a strong desire for city water due tot he poor quality of well water. Councilmember Benson asked how much more it was costing for the pipe to connect, to Victoria. Brown stated it was approximately $20 to $25 per lineal foot difference. Councilmember Benson felt the oversized pipe added value to the system. Mayor Bean explained Exhibit A of the Victoria Contract is a side by side overview of the costs and savings. The total public net savings would be $465,000 which was divided in half between the two cities. The Victoria agreement was based on these estimates. McCarty moved, Benson seconded to adopt RESOLUTION NO. 96-35, "A Resolution Accepting the Feasibility Study and Ordering Plans, Specifications and Estimates for City Project 95-15, Smithtown Road Watermain Extension from Boulder Bridge Circle to the South City Limits." Motion passed 5/0. Brown anticipated plans could possibly bebrought back to one of the upcoming Council meetings for approval and authorization to advertise for bids. He stated in the next two weeks, staff would meet with the property owners affected and try and work out the finer details as to how these connections are going to occur. These would be incorporated into the design. Councilmember Stover inquired if treatment of the water would be necessary in this area. Brown felt chlorine and fluoride would be the only treatment necessary at this time. Councilmember Stover commented on the rust content of the Boulder Bridge well. Councilmember Stover asked what the contingency plan would be if the water needed a treatment facility at the site. Brown stated many of the wells in this area have a very high iron content. He is estimating the iron content from the municipal system will be cut in half. He stated people will probably still need a treatment system in their home, but they will notice a drastic difference. If people are still not content with the quality of water, the City could be petitioned to consider an improvement. At that time there would need to be a feasibility study as well as consideration of the impact to the City of Victoria. Brown explained that as part of the agreement, if either party has a strong desire for further treatment, both parties will negotiate an appropriate share which will be attributed to each party. Mayor Bean stated that Boulder Bridge has been operational for 15 years and provides a good measure of acceptability. 6. CONSIDERATION OF AN AGREEMENT WITH THE CITY OF VICTORIA REGARDING WATER SUPPLY Mayor Bean reported he had an opportunity to speak with Victoria Mayor Meuwissen who advised him the Victoria Council is seeking legal review of the contract prior to approval. REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 - PAGE 4 Mayor Bean explained that Attorney Keane represents the City of Victoria as well as the City of Shorewood. Attorney Keane had advised the Victoria Council he would be representing Shorewood on this issue. He further recommended to Victoria to have outside counsel review the agreement. Mayor Bean informed Victoria Mayor Meuwissen that the Shorewood Council would consider approve agreement subject to any issues raised by Victoria. If significant changes were to be made to the agreement, it would be presented to both councils for discussion. Mayor Bean explained to the audience that the agreement would be for the City of Shorewood to supply back-up water to the City of Victoria. The benefit to Shorewood is a $232,000 contribution, which would be received in installments, from Victoria to defray the costs of the water tower. This agreement allows Victoria to postpone construction of a new water tower and ultimately allows for better regional planning. . Mayor Bean suggested the Council send the City of Victoria a message indicating Shorewood is in concurrence subject to review by the Victoria legal counsel, with significant changes reviewed by both councils. Councilmember McCarty commented it makes sense for cities to work cooperatively. She stated the cost savings are evident for both cities. McCarty moved, Benson seconded to Approve a Contract for Water Service Between the City of Shorewood, Minnesota, and the City of Victoria, Minnesota. Motion passed 5/0. 6A. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING EXECUTION AND SUBMITTAL OF HENNEPIN COUNTY RECYCLING GRANT AGREEMENT FOR 1966. Councilmember McCarty inquired if recycling of cereal boxes was to be included in services . provided. City Administrator Hurm stated he believed that to be correct, however this agreement was for funds the City of Shorewood would receive from Hennepin County. Councilmember McCarty stated she was aware of many residents have been collecting cereal boxes in their garages and she would like to know if the City is at a point where they will begin to collect cereal boxes. Administrator Hurm stated he could inquire about that. McCarty moved, Stover seconded to adopt RESOLUTION NO. 96-33, "A Resolution Authorizing Execution and Submittal of Hennepin County Recycling Grant Agreement for 1996." Motion passed 5/0. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING WATER STREETIHIGHWAY 7 IMPROVEMENTS PRESENTATION BY PAUL KACHELMEYER, MNDOT Paul Kachelmeyer provided handouts regarding the Water Street improvements and another regarding other projects MNDOT has planned in the area. He explained the plans MNDOT has proposed to reduce the number of accidents at the intersection of Highway 7 and Water Street. Kachelmeyer briefly described the proposed plan which would be to restrict movements at the . . REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 - PAGE 5 intersection for westbound traffic to be able to turn right on to Water Street, from Water Street, to be able to turn right to proceed to Highway 7. Traffic from Water Street would not be permitted to go south across the highway. There would still remain a left turn lane for westbound Highway 7 traffic to head south and down to Chaska Road. As part of that project, the left turn lane will allow for eastbound traffic to turn north on to County Road 19. Councilmember Stover asked if the left turn light time would be extended and allow more cars in the lane to turn left. Kachelmeyer stated that was part of the proposal.. Councilmember Stover inquired if that would be accomplished by monitoring or if it would it automatically controlled. Kachelmeyer stated most signal systems are computerized whereby sensors in the pavement determine the number of vehicles in a left turn lane. If they accumulate to a certain point, the sensors indicate to the signal system to extend a few seconds longer. He also indicated he would presume automation does not currently exist at this intersection. Mayor Bean inquired if MNDOT had agreed to install signal control capability for emergency vehicles. Kachelmeyer confirmed they had. Mayor Bean briefly explained that emergency vehicles leaving from downtown Excelsior would be able to turn the lights, from their vehicle, in their favor which would allow them to stop east and westbound Highway 7 traffic, allowing them to get out on the highway if that were the direction they were going. Councilmember Stover asked if this would also be available for Chanhassen fIre trucks. Kachelmeyer stated from his understanding of the emergency vehicle entrance system, each vehicle has an optical light and any emergency vehicle which flashes its optical light would be able to control the signal. Kachelmeyer stated the emergency vehicle system is customarily paid for by the City, however, when MNDOT has a project in the area, MNDOT will typically pay half. Benson moved, Stover seconded to adopt RESOLUTION NO. 96-34, "A Resolution Approving a Preliminary Layout for the Trunk Highway 7/Water Street Intersection Improvements." Motion passed 5/0. Kachelmeyer gave a detailed description of projects which have been planned for the next several years which include Christmas Lake Road intersection reconstruction, Highway 7 roadway resurfacing, minor safety improvements and closure of some access points in 1997, as well as paving of shoulders on Highway 7, the addition of left turn lanes at several locations, closure of some access points, Excelsior Interchange reconstruction, Water Street revisions, turn lane extensions, and roadway resurfacing and emergency vehicle preemption at County Road 19 signals in 1999. Kachelmeyer stated he has been discussing with Brad Nielsen and Larry Brown the possibility of a project whereby access to Freeman Park from Highway 7 would be minimized. There has been discussion of extending Yellowstone Trail toward Freeman Park. MNDOT sees the removal of access points to Highway 7 as a benefit and they would be willing to pay to see that accomplished. He stated it is conceivable that MNDOT would pay $100,000 to $200,000 over and above the cost of physical removal of access points on Highway 7 to the City to help build Yellowstone Trail. He further stated the City would be able to pursue that project as early as next year. REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 - PAGE 6 8. PLANNING - Report by Representative. Commissioner Turgeon reported on the Planning Commission meeting held April 16, 1996. The Commission voted unanimously to deny the Watten Ponds P.U.D. request. She stated the developer did not feel it was economically feasible to build less than 12 units. A. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Setback Variance. Applicant: Richard Hoyt. Location: 5710 Ridge Road. He explained Mr. Hoyt built a deck and screen porch too near the lakeshore of Christmas Lake without the benefit of a permit or variance approval. The Planning Commission recommended denial of that variance. It has been delayed for several reasons, however, recently Mr. Hoyt indicated he wanted a full contingent of Council to vote on his request. Hoyt requests that the matter be referred back to the Planning Commission. Nielsen stated he does recommend this issue be referred back. Nielsen stated what the applicant had suggested to him in their discussions does .. have merit and that it is something worth taking a look at. Commissioner Turgeon stated the Planning Commission's recommendation was to have the deck and screen porch removed by June 1st. Nielsen pointed out if the matter is referred back to the Planning Commission, that deadline would not be valid. Mayor Bean stated the Council had before it a Planning Commission recommendation that the setback be denied and that the violation be corrected by June 1, 1996. The applicant has presented a revised plan which he would like the Planning Commission to consider. Benson moved, Stover seconded to refer the setback variance for Richard Hoyt, 5710 Ridge Road, back to the Planning Commission. Motion passed 5/0. Mayor Bean stated this was a fairly direct violation and that he will be interested to see what . compromises would be justifiable. 9. DISCUSSION OF ON-STREET PARKING PROBLEM - CHASKA ROAD Planning Director Nielsen presented a staff report regarding on-street parking generated by the office building at 6020 Chaska Road. The owner of the building has been advised that this matter would be brought before the Council. It is recommended no action be taken until the building owner has had an opportunity to respond to the problem. If the owner does not address the problem, a neighborhood meeting would be scheduled to discuss this issue. If the owner is able to acquire additional property, a parking ban would possibly not be necessary. Nielsen stated he will meet with the owner to explain the process. He suggested the Council give 30-45 days for the owner to make application. Survey work will have to be completed as well as an application for appropriate approvals. . . REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 - PAGE 7 Mayor Bean inquired if this information had been communicated back to those who have fIled the complaints. Nielsen explained both the office owner and the people who fIled the complaints received a copy of his memorandum. Councilmember Stover stated this appeared to be a reasonable solution. Council reached consensus to revisit this issue in 45 days. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION DESIGNA TING VINE HILL ROAD AS A MSA STREET Engineer Brown presented a staff report regarding designation of Vine Hill Road as a state aided roadway. Councilmember Shaw asked if the extension of the Yellowstone Trail would be affected by this removal of the Yellowstone Trail segment. Brown stated the proposed State aid route is in line with what the State had recommended. Staff had proposed to have Country Club Road and a portion of Yellowstone Trail from Country Club Road to Lake Linden as a state aid route. Nielsen stated Yellowstone Trail need not be MSA for MNDOT to contribute toward its expense. He further stated staff would be looking at the whole system and it is possible Yellowstone Trail would end up back on the MSA designation. The Comprehensive Plan suggests Yellowstone Trail be taken off that system. Mayor Bean stated his recollection of past conversations was that Vine Hill Road would be highly suspect as an MSA route given the topography. He inquired if MSA standards had changed which would allow Vine Hill Road to become an MSA street without major topographical changes. Brown stated the topography would probably be the biggest constraint. He explained there may be a possibility of granting a design exception on that roadway which would need to be negotiated. There will ultimately be some significant changes if that roadway were to be reconstructed. Mayor Bean expressed concern that the height of the roadway might have to be reduced in some areas to ensure adequate sight distance. Brown commented he did not feel it would be that severe. . Brown noted that pedestrians and bicyclists have voiced a strong concern about getting an off- street trail along Vine Hill. Brown commented upgrade of this road is probably five years out. McCarty moved, Shaw seconded, to adopt RESOLUTION NO. 96-36, "A Resolution Approving Vine Hill Road from Town Line Road to State Highway 7 as a Designated Municipal State Aid Roadway." Motion passed 5/0. 11. ADMINISTRATOR AND STAFF REPORTS A. Preliminary Presentation on Purchase of Excelsior Fire Department Vehic1e. Administrator Hurm stated the proposal is for the City of Excelsior to purchase a new 65' Tele- Squirt fire truck. This vehicle would serve as their front line engine for first response. As a courtesy, the Council has been invited by Excelsior to attend a work session on their request on April 30th at 7:00 p.m. REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 - PAGE 8 Hurm explained that the Department will not require any debt to cover the 15 year Equipment Purchase Schedule. Rather, purchases will be paid for through regular city contributions.Hurm noted the City's contribution would not be affected by this purchase. Mayor Bean inquired if this replaces a 26-year old truck which should have been replaced six years ago. Hurm stated that is correct. Mayor Bean stated this would provide 95 percent coverage within the city as compared with 65 percent for the 75' version. A narrower stabilizer pad allows the truck to be closer to the building so there is relatively little given up in terms of extension. Mayor Bean also commented on the added safety features this would provide the fire fighters. Councilmembers McCarty and Stover expressed their full support and appreciation of the detailed report furnished by Chief Mahaffey and Assistant Chief Hoo. Mayor Bean explained the contract between the cities provides for contributing cities to have input, . but technically it would be Excelsior's decision. Stover moved, McCarty seconded to support the Purchase of the Excelsior Fire Department Fire Truck Replacement. Motion passed 5/0. B . Current Status on Senior Community Center Schedule. Administrator Hurm explained the review of the plan and specifications for the Senior Community Center were not ready for this meeting, however, he would like to have a special meeting on Wednesday, May 1st at 7:00 p.m. If that were possible, the contract could be awarded on June 10th, construction could begin on June 24 with anticipated completion of construction on December 24th. Engineer Brown reported signs have been put up on Smithtown Road regarding closure. In the area of Grant Lorenz and Eureka Road, traffic will be detoured on Eureka Road, Wild Rose Lane and back onto Grant Lorenz for approximately two weeks. The contractor had wanted to begin detouring traffic that morning, however due to the late notice given to staff, notice was not able to . be given to residents. Notices have now been sent to residents. The contractor was cooperative in keeping the roadway open for the referendum vote which was taking place. Councilmember McCarty inquired if there was a contingency plan for the school buses. Brown stated he had not heard from school whether they will utilize Wild Rose. He explained the school has been notified. Mayor Bean stated that would need to be verified before the roadway is shut down due to a concern for children who are waiting for school buses. Brown indicated the School District had stated they were happy with the notice they were given and they would be coordinating this change. Brown stated that all emergency services had been notified as well. Mayor Bean requested staff gain confIrmation by the end of the following day from the School District that the parents have been notified or the contractor will need to be informed that the road could not be closed. Mayor Bean stated this could potentially cost the City some money if the contractor needs to be shut down. REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 . PAGE 9 Brown stated the length of the detour, depending on weather, should be approximately two weeks while they install the watermain. The roadway will be opened at 7:00 p.m. and closed again at 7:00 a.m. the following day.Brown explained the contractor preferred not to work on Saturdays unless there was a need to make up weather days. 12. MAYOR AND CITY COUNCIL REPORTS Mayor Bean explained Excelsior is looking for budget savings relative to police service. Their proposed solution is to reduce the number of hours of random patrolling which occurs within Excelsior city limits. They have some specific kinds of patrol they are looking to reduce, the net of which is approximately 500 hours, which is approximately a $10,000 savings to Excelsior. Since Shorewood has the highest degree of growth, Excelsior is looking to see if Shorewood would be interested in picking up any or all of those 500 hours. . Mayor Bean recessed the meeting at 9:12 and reconvened the meeting at 9:14 p.m. Mayor Bean stated he had raised the question of what would be the ripple effect to the surrounding communities. If Excelsior has less patrol, that could ultimately result in more crime. Mayor Bean raised the concern that because a crime happens in one city doesn't necessarily mean there would not be a negative effect on the neighbor. Everyone would end up paying in terms of the problems which are created by more delinquency and more misdemeanor kinds of problems which the patrol would be catching. Mayor Bean also suggested if there were truly excess capacity, then possibly one of the positions should be reduced to part time. If there is a need within the community, then this could result in shifting the dollars in terms of who could more equitably pay for it. Administrator Hurm stated perhaps the real question would be, Are the current Shorewood officers enough or is there reason for more patrol hours in Shorewood? If that were the case, this would be an opportunity to pick up some additional hours. . Mayor Bean stated the Council would revisit the issue within the next 45 days. Chief Young will be invited to attend at that time. Mayor Bean stated there was an annual audit of the financials of the police department. This was a very positive review as far as the condition of the department from an accounting standpoint. There were no accounting issues raised relative to the keeping of the books and they should be commended for that. Mayor Bean stated a letter was received from Phil Tipka commending staff collectively for the help they have given him and the quality of work they do. Mr. Tipka is leaving OSM where he has been a field supervisor for 24 years. A consensus was reached to have the Council photo taken at the Council Chambers. Councilmember Benson suggested it be done as inexpensively as possible. Mayor Bean recommended Mr. Magnuson as the photographer. REGULAR CITY COUNCIL MINUTES APRIL 22, 1996 . PAGE 10 Administrator Hurm stated a letter was received a letter from MCES regarding underpayment. He stated the estimate for last year was a little lower than the actual. He further stated it probably is worth noting that legislation was passed which would have changed the way the cities are billed and the Governor vetoed it and that will be back on the Council's agenda to try and get that passed through next year. Mayor Bean announced a community forum on April 29 at 7:00 p.m. regarding the creation of a Hennepin County Drug Court. 13. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS McCarty moved, Shaw seconded to adjourn the City Council meeting at 9:32 p.m., to a work session, subject to approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wall at, Recording Secretary TimeSaver Off Site Secretarial . ATTEST: ROBERT-B~-BEAN:-MAYOR------ ------------------------------------- JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD WORK SESSION APRIL 22, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB DRIVE FOLLOWING REGULAR MEETING MINUTES 1. CONVENE WORK SESSION MEETING Mayor Bean called the meeting to order at 9:40 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Stover, McCarty, Benson and Shaw; Administrator Hurm; Planning Commissioner Virginia Kolstad; and Park Commissioner William Colopoulos, Jr. B. Review Agenda . There were no changes to the agenda as noticed. 2. DISCUSSION WITH MEMBERS OF THE SNOWMOBILE TASK FORCE ABOUT EXPECTATIONS. Commissioner Kolstad stated the purpose of the meeting was to bring the Council up to date on the work of the Task Force and to discuss the Council's expectations of the Task Force. At the present time, information gathering is completed. Survey results will begin to be available this week. The Task Force will now be moving into the actual policy analysis. They will review the data and reach a recommendation. The Task Force would like the Council's input on how to proceed. Kolstad stated that specifically, they would like to know how the Council sees the decision-making process taking place. She inquired if the Council would be holding a public hearing and how they would like to review the data. . Councilmember Benson stated he recalled the Task Force was charged with coming up with all of the data, all of the information and all of the arguments (including majority and minority opinions), and, if possible, a consensus. He further stated the Council's commitment was to take the information and make a decision. Councilmember McCarty stated the Council would be looking for concise information, backed up with facts versus emotions. Councilmember Stover stated that every year the feeling has been it is easier to deal with this issue in the summer. Emotions are higher in the winter on either side. She commented she feels early spring or summer would be appropriate. Mayor Bean stated as far as a public hearing is concerned, there are already 500 surveys in and there would not be a need to hear more testimony one way or the other. Mayor Bean also commented that as far as specific recommendations, the fundamental issue is whether to allow snowmobiles within Shorewood. If there is an overwhelming opinion that comes out of the survey which would drive the discussion one way or the other, if they are going to be allowed in Shorewood, then where in Shorewood would be the next logical point to look at. To #.2C- CITY OF SHOREWOOD WORK SESSION APRIL 22, 1996 - PAGE 2 the extent snowmobiles would be allowed on the trail or the streets, that issue can be further refmed to come up with a recommendation that would minimize the impact of snowmobiles within the city limits, but recognize that access to the lake should be maintained with the possibility of designating certain streets or access points. Mayor Bean went on to state if there were insufficient consensus in the surveyor in the group to make a recommendation, then the Task Force can provide the data stating there is no obvious direction and leave the decision to the Council. If there is significant opinion one way or the other, the Task Force could make a recommendation. Councilmember McCarty stated she would be very interested in the meeting minutes being very detailed so the Council can get a feel for everyone's thought process. Councilmember Stover commented the reason for a yes or no vote would be helpful, particularly the no votes. Mayor Bean asked if the Task Force had a recording secretary at their meetings. Administrator Hurm indicated to date Judy Marshik had been taking notes, however, the plan would be to hire a . recording secretary for the decision-making process. Commissioner Colopoulos stated he felt the Task Force had done a very good job in identifying questions and issues. He stated they were having a harder time understanding how they were all going to work together to do something with the information that has been obtained and reach a consensus. Colopoulos stated the Task Force was a good information gathering body for the Council, however he did not feel there would be a valid majority/minority opinion. He felt it would be a very closely split vote on most of the major issues. He stated for practical reasons, the Task Force has to be careful how far they take some of the discussions down the policy avenues. He commented some people will have already made a decision without looking at the data and survey results. The independent report from the consultant who is compiling the information for the Task Force will be very helpful to the Council. Councilmember Stover asked if the Task Force would be more comfortable without making a recommendation, but would prefer to simply provide the data and leave it for the Council to decide. . Colopoulos stated that speaking only on his own behalf, he would be more comfortable with that. There are some who would possibly attempt to maneuver the group to support their position. Kolstad stated as a group they should attempt to make a recommendation to the extent they can. Mayor Bean stated if the group is unable to reach a consensus, possibly the discussion could be narrowed and the recommendations qualified. Kolstad stated a concern in the event the Task Force process is not moving in the direction some are comfortable with, there may be attempts to circumvent the process and she felt the Council should be aware of this possibility and asked for Council support and open dialogue in the event that would occur.= Kolstad stated she would also recommend the Council consider having a member of the Councilor possibly each of the members come to a future Task Force meeting to observe the process. She stated that would give the Council a better feel for the dynamics of the group. . . CITY OF SHOREWOOD WORK SESSION APRIL 22, 1996 - PAGE 3 Councilmember Benson stated he was somewhat uneasy with regard to this since someone could attempt to draw in the Councilmember. Mayor Bean stated when Councilmembers attend a meeting, they should sit in the back and not participate. He would encourage the Council, if they do start receiving calls that circumvent the process, those people should be referred back to the Task Force. Councilmember Benson stated the Council has not discussed the snowmobile issue at all. The Task Force was charged with the mission without any input from the Council and the Council has not shared anything on the subject. He further stated the Council is open to all of the information the Task Force will be giving the Council. Councilmember McCarty reminded the Task Force members they were formally appointed as a task force. The Council has charged them with a task and they are asked to complete this to the best of their ability. She further stated the Council is depending on them for their work. Motion by Shaw, seconded by Benson to adjourned the Work Session Meeting at 10:05 p.m. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT-lf-BEAN:-MAY(jjf------ ----------------------------------- JAMES C. HURM, CITY ADMINISTRATOR .. CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING WEDNESDAY, MAY 1, 1996 PUBLIC WORKS FACILITY 24200 SMITHTOWN RD. 7:00 P.M. DRAfT MINUTES 1. CONVENE SPECIAL CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:05 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Stover and Shaw; City Administrator Hurm, City Engineer Brown. None. . Absent: B. Review Agenda Hurm requested that two items be added to the agenda. The frrst is to establish May 28 at 7:45 p.m. as a Public Hearing on the Lease Purchase Agreement (to be Agenda Item #3). The other is to approve the temporary transfer of funds in order to meet terms of the Contractual Agreement (to be Agenda Item #4). McCarty moved, Shaw seconded to approve the agenda for May 1, 1996 as amended. Motion passed 5/0. C. Proclamation - Older Americans' Month . The Proclamation to declare the Month of May 1996 as Older Americans Month was briefly explained and recommended by Mayor Bean. He will read the proclamation at the next regular meeting of the City Council. Stover moved, Shaw seconded to make the Proclamation for Older Americans Month. Motion passed 5/0. 2. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICA TIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR THE SOUTHSHORE SENIOR COMMUNITY CENTER Larry Brown distributed a breakdown of costs showing estimates for both the cost of off site improvements and the on site costs for the Senior Community Center itself. He introduced TSPIEOS architects, Nick Reuhl and Rick Wesling who presented the information in detail. Mr. Reuhl commended the Council and Staff for their determination and demonstration of strong leadership throughout the three-year process of planning for this project. He explained that the project is being delivered as conceived, but the budget is ~2l) CITY OF SHOREWOOD - SPECIAL MEETING MINUTES May 1, 1996 - PAGE 2 ... challenged. While the design and function have not changed, three factors have driven costs upward from the 1994 estimates. 1 . Inflation and bidding activity have affected pricing in that the budget was prepared for 1995 construction. 2. Site difficulties have been discovered through additional soil borings for the parking lot area, requiring increased support. 3 . Changes were recommended from the original plan for the mechanical system which was determined to be functionally inadequate. A new plan has been looked at by several advisors and is approved. This portion shows an increase of about $30,000 to $40,000 from the 1994 cost estimates. He added that the building plans have been carefully scrutinized and they would be uncomfortable with reducing any further. There are also increases in the offsite costs totaling about $88,000. It was noted that the Watershed District is requiring the creation of a pond because of the increase in impervious surface. Also the access road, storm sewer extension, demolition of an existing building and changes in the adjoining park are part of the offsite expenses. Brown added that after . three days of ..value engineering", nothing more can be squeezed out. Hurm stated that the Council needs to be willing to accept the offsite costs as Shorewood's expense. Reuhl added that the Council should be prepared for all possibilities as other activity during the bidding period can also affect costs. Wesling recommended flexibility on the due date of bids, which would require an addendum to extend the bid date. Stover explained that she wants to see the project go ahead and have Shorewood pick up needed costs if the funds are available. Hurm said that funds are available in the appropriate accounts. McCarty and Benson voiced agreement and there was overall consensus that other cities which have indicated they do not intend to contribute more toward construction should not be asked to add to their financial commitments. There was additional discussion about offsite costs, many of which could be considered as independent of this project. Brown added that the access road and trunk storm sewer are consistent with other projects. The access road is considered off-site because it falls . outside of the legal description assigned to the Senior Center itself. Ian Gray of the Friends of the Southshore Senior Community Center indicated that they are on the final stretch of fundraising with about $3,000 left before reaching the $100,000 goal and added that it is not realistic to see any further fund raising at this time. She complimented the building plan for having a great balance of form and function, noting a wish to not compromise from that plan. She specifically stated that the canopy is not an option for cost-cutting since it was featured as part of the fund raising goal. Bob Gagne added his thanks to City Council, past and present, for their 3 1/2 years of hard work toward this end. He and Jan Gray noted that they would like to be included in all future related meetings. There was additional discussion about particulars related to design of the driveway and kitchen access options. Benson moved, Stover seconded to adopt a Resolution approving plans and specifications and authorizing advertisement of bids for the Southshore Senior Community Center. The motion passed 5/0. ; CITY OF SHOREWOOD - SPECIAL MEETING MINUTES May 1, 1996 - PAGE 3 3. SET ADMINISTRATIVE HEARING ON THE ISSUANCE OF THE LEASE PURCHASE AGREEMENT FOR MAY 28, 1996 AT 7:45 PM Bean stated that the amount the City was initially looking to borrow of $311,000 should be increased to an amount not to exceed $385,000. He would like to put Norwest Bank on notice that the $311,000 figure may increase and that a loan amount will be determined after bids are in. McCarty moved, Stover seconded to establish a Public Hearing date of May 28, 1996 at 7:45 p.m. to consider the Lease Purchase Agreement for the Senior Community Center. Motion passed 5/0. 4. CONSIDER THE TEMPORARY TRANSFER OF GENERAL FUNDS TO THE CENTER CONSTRUCTION FUND UNTIL LEASEIPURCHASE FUNDS ARE AVAILABLE. . Hurm stated that there will be about a four week wait for the release of funds and that in order to comply with the Contractual Agreement with the other cities, the Council is being asked for the authority to transfer $311,000 of reserve General funds to the Senior Community Center Construction Fund to be replaced by the bond funds within a month. He added that this would not create a cash flow problem nor would it cost additional interest. Stover moved, McCarty seconded that Council give the Staff the authority tco transCfer $311,000 Fof reserve General funds hto BthedSe{niodr C?mh!8unity -t" enter onstruction und, to be replaced by t e on un s WIt In one month. Motion passed 5/0. 5. ADJOURNMENT Shaw moved, Benson seconded to adjourn the Special Meeting at 8:20 p.m. Motion passed 5/0. . RESPECTFULL Y SUBMITTED, Connie Bastyr Recording Secretary City of Shorewood ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR .. .. . . . CITY OF SHOREWOOD RESOLUTION NO. 96-_ A RESOLUTION APPOINTING 1996 ELECTION CLERK WHEREAS, the City Council has approved the job description for a part-time, temporary election clerk at their meeting of March 14, 1994; and WHEREAS, an hourly wage of $10.00 per hour was established for this position. NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council hereby appoints Sue Grahn, 5945 Eureka Road, to fill the election clerk position for the 1996 primary and general elections. ADOPTED by the City Council of the City of Shorewood this 13th day of May, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 13ft . .. .. position Part Time Temporary Election Clerk Oblective and Scope Responsible for activities relating to election process. Relationship Reports to: Executive Secretary/Deputy Clerk Essential Job Functions: 1. Maintenance of all election files, documents and supplies. 2. Coordinates Election Process: A. Prepares maps for precincts and updates precinct locator. B. Attends all election meetings. C. Supervises the registration of voters and maintenance of registration files. . D. Hires and trains all election judges. E. Keeps the public informed of any new election laws and regulations. F. Responsible for all legal publications and deadlines. G. Supervises the filing process and ballot layout. H. Arranges for the use of each polling place. I. Coordinates absentee voting. J. Prepares test ballots for voting machines and runs the preliminary tests required. . K. Coordinates all election day activities including preparation of supplies, machines and reporting results. 3. Post Election Duties: A. Checks equipment for needed repairs. B. stores remaining supplies. C. Responsible for time sheets for election judges. D. Report election results to State, County, and media. I:~ J; Part Time Temporary Election Clerk Page 2 of 3 REQUIREMENTS Education & Skills: 1. Minimum education - high school graduate. 2. Knowledge of municipal election statutes and procedures. Experience as an election judge preferred. 3. Ability to handle public contact with tact and effectiveness. 4. Ability to maintain accurate and up to date records and com- plete reports. 5. Ability to work effectively and harmoniously with others under a minimum of supervision with varying demands. . 6. Ability to organize an election process and be flexible and open to changes. 7. Ability to establish and maintain effective relationships with election workers. 8. Ability to conduct training sessions for election workers and City staff as needed. 9. Must be available to work long hours on election days. Physical Demands: 1. While performing the duties of this job, the employee is regularly required to sit, talk, see and hear. The employee frequently is required to use hands to finger, handle, or feel objects, tools, or controls and to operate a variety of office equipment. The employee is occasionally required to stand; walk; reach with hands and arms; climb or balance; and stoop, kneel, or crouch. . 2. Employee must occasionally lift and/or move up to 25 pounds. 3. Specific vision abilities required by job include close vision and the ability to adjust focus. The physical demands described above represent those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ... Part Time Temporary Election Clerk Page 3 of 3 Work Environment: 1. The work environment is that of a typical office. 2. The noise level in the work environment is moderately noisy on an occasional basis. 3. Office equipment typically operated includes tele- communication systems, computers, copiers, dictating machines, calculators, typewriters, and collators. The work environment characteristics described above are representative of those an employee encounters with performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ~ . . CITY OF SHOREWOOD RESOLUTION NO. 96-_ A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE INTOXICATING LIQUOR & SPECIAL SUNDAY SALES WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02, provides for the licensing of the sale of intoxicating liquor in the City and requires a special license for Sunday sales; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and for a special license for "Sunday Sales". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "on-sale" of intoxicating liquor and a special Sunday License for sales be issued for a term of one year, from June 1, 1996 to May 31, 1997, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Minnetonka Country Club Address 24575 Smithtown Road Shorewood, MN 55331 1996. ADOPTED by the City Council of the City of Shorewood this 13th day of May, . Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator #3lJ ~~..~ @ LIQUOR CONTROL DIVISION 444 CEDAR ST-SUllE 100 L ST. PAllL ...... 55101-2156 ;afety ON .N 55101 (612)2%-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license wtII be approved..orJ'f:.klll~tm.dlflleS20.RetaiIer'ID.clriteeis..ecetvedl#l\IN.Liquor COBtroJ Licensee: Please verifY your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. J to report any license canceUation. License Code 0 N S S City/County where license approved License Period Ending 05/3 1 /96 II) # Shorewood 3585 Licensee Name Mi nnetonka CC Assn. I nc. Trade Name Minnetonka Country Club Licensed Location address Box 360 City, State, Zip Code Exce 1 s i or, MN 55331 BusinessPhone (612) 474-5222 LICENSE FEES: otISale $ On Sale $ 7 ,500.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Applicant's sipature on tbis renewal confirms tbe foUowinl: Failure to report any oftbe foUowinl will result in !WL 1. Licensee COnflI1DS that it has never had a liquor license rejected by 'my city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred. please give details on the back of this renewal, then sign below. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. Ifviolations have occurred. please give details on back of this renewal, then sign below. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A,802. If yes, aUach a copy of the summons, then sign below. 5. Licensee COnflI1DS that Workers Compensation insurance is in effect for the full license period. Licensee bas attacbed a liquor liability insurance certificate tbat corresponds witb tbe lieeose period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. LicenseeSipature ~~ - ()~. Date ~l..e;",l'if:jL (Signature certifies all above information to be correct and license has been approved by city/county. 2. 3. 4. City Clerk/County Auditor Signature Date (Signature certifies that an on-sale intoxicating liquor license has been approved by the city/county as stated above). County Attornev Si2llature Date County Board issued licenses only (Signature certifies licensee is eligible for license) Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any statellocalliquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -94 . . CITY OF SHOREWOOD HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ASSUMING RESPONSIBILITY FOR ROADS AND UTILITIES CROSSING EASEMENT ISSUED BY HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY WHEREAS, Abingdon Development Corporation proposes to construct street and utilities improvements for the Smithtown Meadows development across right-of-way administered by the Hennepin County Regional Railroad Authority (HCRRA) in the City of Shorewood; NOW, THEREFORE, BE IT RESOLVED, by the Shorewood City Council, that upon completion and acceptance of the improvements, the City of Shorewood will assume the responsibility for maintenance of the grade crossings and any and all costs of any crossing signals that may be required when any type of transportation improvement is implemented in the corridor; and BE IT FURTHER RESOLVED, that the City of Shorewood will be responsible for the terms of HCRRA Permits. ADOPTED by the City Council of the City of Shorewood this 13th day of May, 1996. Robert B. Bean, Mayor ATfEST: James C. Hurm, City Administrator/Clerk ff3C- , . . .. CITY OF SHOREWOOD RESOLUTION NO.96- THE A RESOLUTION MAKING APPOINTMENTS SHOREWOOD PARK FOUNDATION BOARD OF TO DIRECTORS WHEREAS, per the directives of the Articles of Incorporation of the Shorewood Parks Foundation, the Shorewood City Council makes appointment to the Board of Directors for the Foundation; and WHEREAS, the Bylaws for the Foundation require that each Director be appointed for three years or until his or her successor shall have been appointed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Shorewood Park Foundation Board of directors consists of the following individuals, and that the highlighted individuals are hereby appointed with terms to take affect immediately upon the passage of this resolution and shall expire as indicated herein: . Term First Expires Oraanization Appointee Appointed 3/15/98 3/15/98 3/15/98 3/15/98 3/15/98 . 3/15/97 3/15/97 3/15/97 3/15/97 3/15/97 South Tonka Little League Tonka United Soccer Tonka Men's Club Shorewood Park Commission At Large David Steinkamp Diane Anderson Jim Latterner Sandy Trettel Charlie Cox 3/95 7/94 7/94 7/94 3/95 7/94 7/94 3/95 7/94 7/94 7/94 4/95 * Ken Dallman also serves as the American Legion representative. American Legion Minnetonka Youth Hockey Assc. Rotary Club Minnetonka Community Education At Large Ken Dallman Tom Heiberg Don Kelly Tad Shaw Gordon Lindstrom ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of May, 1996. ATTEST: Non-Voting, City Administrator Jim Hurm Non-Voting, City Councilmember Jennifer McCarty Robert B. Bean, Mayor James C. Hurm, City Administrator #3/) -p. . . MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO:. FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 27 February 1996 Watten Ponds - Rezoning and P.U.D.lC.U.P. 405 (96.02) BACKGROUND Mr. Charles Dillerud, representing the Dahlstrom Abingdon Limited Partnership, has submitted plans for the development of approximately 14.7 acres of land located on the west side of Eureka Road, north ofValleywood Lane (see Site Location map - Exhibit A, attached). As explained in Mr. Dillerud's letter (Exhibit B), dated 6 February 1996, Dahlstrom Abingdon proposes to subdivide the property into 12 single-family residential lots, one of which will contain the existing Watten residence. The property is currently zoned R-IA, Single-Family Residential. The applicant has requested a rezoning to R-IC, and a conditional use permit for a planned unit development. The site consists of three parcels of land totaling 14.7 acres, of which 4.9 acres are City- designated wetlands. Several buildings currently occupy the site, including a dilapidated house on the northerly parcel and an old cottage on the southerly parcel. There are also a number of outbuildings associated with each of the principal buildings. All existing structures except the Watten residence and detached garage will be removed from the site. In addition to several wetlands on and around the subject property, the site is characterized by fairly dramatic changes in topography (30 feet between highest point and lowest) and significant mature tree cover. Land use surrounding the property is primarily single-family residential. Two large undeveloped parcels are located to the west of the upper one-third of the site, and a large undeveloped tract consisting mostly of wetland is located to the east of the lower two-thirds of the property. With the exception of a nonconforming R-IA lot immediately to the north of the site, zoning surrounding the property is R-IC, Single-Family Residential to the north, east and south. The area to the west is zoned R-IA. Approximately 250 feet on the north end of the site is also subject to Shoreland "S" District zoning requirements. A Residential Community on Lake Minnetonka's South Shore faA. Re: Watten Ponds Rezoning and P.U.D./C.U.P. 27 February 1996 The applicant's plans are set forth in several attached exhibits (C - J). The proposed development concept is shown on Exhibit E. ISSUES AND ANALYSIS . Based upon review of City ordinances, the Shore wood Comprehensive Plan, inspection of the property and neighborhood input, the following issues should be taken into consideration in the evaluation of the proposed development: A. Land UselZoning. 1. Comprehensive Plan. In 1995, after over two years of study, Shorewood adopted an update to its original Comprehensive Plan which was previously adopted in 1981. The Land Use chapter of the Comprehensive Plan contains a proposed Land Use map which serves as a guide for how land in Shorewood should be developed in the future. The 1981 Comp Plan identified the subject property as being suitable for low' density residential (1-2 units per acre). It should be noted that Shorewood historically has expressed density in units per 40,000 square feet. The 1995 Comp Plan Update reiterated the 1-2 unit density. In addition it identified the property for rezoning to R-IC. The applicant's request has occurred before the City has taken action on the rezoning. The twelve lots proposed by the applicant result in a density of 1.3 units per 40,000 square feet, exclusive of City-designated wetlands and street right-of-way. Note: Due to inquiries by neighboring residents and members of the Planning Commission, additional background on the Comprehensive Plan land use designation will be provided (as best as possible after 15 years) under separate cover. . 2. Zoning. Section 1201.04 Subd. 1.d.(1) of the Shorewood Zoning Code sets forth criteria for the evaluation of rezoning requests. The applicant addresses these criteria on page 3 of his request letter (Exhibit B). In addition to the zoning district amendment from R-IA to R-IC, the developer has applied for planned unit development by conditional use permit. This approach is proposed in order to allow some flexibility in lot size, setbacks, and in the case of Lot 6, Block 2 -lot width. Whereas R-IC zoning would require all lots to be a minimum of 20,000 square feet in area, 100 feet wide with front yard setbacks of 35 feet, the applicant proposes the following: Minimum lot area - Maximum lot area - Average lot area - Front setback - 15,181 sq. ft. 144,416 sq. ft. 31,025 sq. ft. 30 feet Lot 6, Block 2 is 100 feet wide where the proposed building pad will be located, but is only 20 feet wide at the street. Lot sizes for specific lots are shown on Exhibit F. 2 Re: Watten Ponds Rezoning and P.U.D./C.U.P. 27 February 1996 . According to the developer the flexibility is requested to allow the road to be shorter, resulting in less site alteration than would otherwise be necessary. An alternative plan showing standard 20,000 square foot lots with a longer road is shown on Exhibit J. Planned unit development minimizes development on the southern half of the site while clustering most of the lots on the northern half of the property. While the proposed development concept appears to be consistent with the Comprehensive Plan, there is some concern about the minimum lot sizes being proposed. These concerns will be explained later in this report. B. Access/Circulation. The applicant proposes to access the development with a cul-de-sac street approximately 620 feet long. The proposed routing of the street is based upon alignment with the existing Orchard Circle on the east side of Eureka Road and minimal site disruption on the south end of the site. . Several factors dictate the location of the street entrance as shown on the proposed plat. Access to the property is limited to the northerly half of the frontage on Eureka Road due to the existence of wetlands on the southern portion of the site along Eureka Road and Valleywood Lane. Safe street design requires the alignment of cross streets or enough offset between cross streets to avoid traffic conflicts. Shorewood's Subdivision Ordinance requires this offset to be 120 feet. Moving the road to the south would place it directly across from a home on the east side of Eureka Road and into an area where considerable site alteration would be necessary. Too far to the south and it begins to interfere with the ponding and wetlands located on the east side of the property. Regardless of where it is located, construction of the street will result in some grading and loss of vegetation. In this regard the developer proposes to cluster most of the homes on the northerly half of the site, thereby reducing the length of the street by 340 feet. The two southerly lots would share a common driveway to the cul-de-sac, resulting in considerably less grading and tree removal than extension of the street. It should be noted that the street has been extended to the west boundary of the property so as to provide access to the vacant land to the west. This is required by the Shorewood Subdivision Code. Similarly, sanitary sewer service must be stubbed out to the property line. The proposed street name is anticipated to create confusion with the cul-de-sac street on the east side of Eureka Road. Consideration should be given to a different name (e.g. Orchard Court). C. Natural Environment. 1 . Wetlands. As mentioned earlier in this report, several wetlands on or around the property impact the proposed development. City designated wetlands have been regulated since the early 70' s and are not allowed to be counted as part of the developable area of the project. For the past three years the City has also enforced the requirements of the Wetland Conservation Act of 1991. The Comprehensive Plan 3 Re: Watten Ponds Rezoning and P.U.D.lC.U.P. 27 February 1996 recommends outright dedication of the City designated wetlands, which are shown as Outlots A-D on the plat. In addition, the City requires easements over the WCA wetlands where they differ from the City's maps. Finally, last year the City adopted setback requirements from both classes of wetland which establishes a building setback and provisions for maintaining a natural buffer adjacent to wetlands. WCA wetlands have been delineated on the property by the applicant's engineering consultant. A copy of the wetland delineation report, dated 16 January 1996, is forwarded with this report for your review. Two issues relative to WCA wetlands must be addressed. First, the Minnehaha Creek Watershed District is the regulatory agency regarding WCA wetlands. The MCWD requires wetland delineations to be done between May and October. Consequently, any approvals given must be contingent upon confIrmation of wetland delineation after the fIrst of May. . Secondly, at a recent neighborhood meeting regarding the Eureka Road Improvement Project, a resident suggested that the low area to the northwest of the Watten residence is also a wetland. Although the applicant's engineer addresses this on page 3 of his report, this is an area which should be reexamined with the wetland confIrmation report mentioned above. If this area turns out to be wetland, it has a significant effect on the plat. The applicant's plat takes the City's new wetland setbacks into account. Proposed building pads (see Exhibit E) respect the 50-foot wetland setback. It is recommended that wherever feasible, the wetland setback be increased in exchange for the reduced front yard setback requested by the applicant. ' 2 . Vegetation. The applicant's Tree Preservation Plan (Exhibit I) contains an inventory of trees over eight inches DBA (diameter at breast height) and illustrates where trees will be lost due to construction of homes and driveways. According to this plan, just over two-thirds of the 453 significant trees on the site will be saved. It should be noted that the shaded areas on the plan do not include trees lost to road and utility construction. Further, the proposed building pads shown on Exhibits I, E and G appear unrealistically small, measuring 55' x 55'. If the homes in this project are to be similar to the applicant's Heritage project the smallest building footprint is 55' x 75', not including any yard areas. With the exception of the proposed road, the NURP pond and Lots 2 and 3, Block 1, the applicant proposes custom grading of the site (see Exhibit G). This is viewed as a positive approach to preserving as much of the character of the site as possible. In this regard the applicant should explain the need for tree removal along the east side of Lot 1, Block 1. . It is recommended that the tree preservation plan be revised to more accurately show which trees will be lost and which will be saved. The plan should attempt to avoid some of the large evergreen trees located to the south of the proposed road and should include details as to how trees marked for preservation will be protected. The plan should also indicate where replacement trees will be located. 4 . . Re: Watten Ponds Rezoning and P.U.D./C.U.P. 27 February 1996 D. Community Facilities. 1 . Sanitary Sewer. The applicant proposes to extend sewer for this project southward to Valleywood Lane. , The City Engineer has been asked to explore the possibility of extending the sewer to Eureka Road instead, using the old driveway area which served the cottage on the southerly parcel, the thought being that this area of wetland has already been disturbed. At second glance, however, the applicant's proposal needs only to cross 90 feet of wetland to get to Valleywood Lane. Judging by existing large trees in this southerly WCA wetland area, the ground may be more suitable in the proposed location. The City Engineer should recommend measures for keeping the alteration necessary for utility construction to a minimum. 2. Water. The City proposes to extend City water along Eureka Road in 1996. The lots in the proposed plat will be subject to the current water trunk charge as well as water assessments. In addition the developer is responsible for constructing internal water lines within his project. 3 . Drainage. It appears that the majority of stormwater runoff will be conducted to the street, picked up by storm sewer and directed to a retention pond at the rear of Lots 1- 3, Block 2. This pond must be sized to accommodate the runoff from the development. Based upon Shorewood's Comprehensive Plan the pond must also be designed to National Urban Runoff Program (NURP) standards to improve the quality of the water before it enters the wetlands to the south. 4. Park Dedication. The Shorewood Parks Plan does not include any land acquisition in the area in which the project is located. Consequently, the plat will be subject to park dedication fees of $1000 per lot, with credit being given for the lot with the existing home on it. E. General Design Com~iderations. 1. Lot Sizes. Most of the lots in the proposed plat reflect the standards of the R-IC zoning district. Lots 1 and 2, Block 1, however; while meeting somewhat more than the 70 percent threshold which has been considered in the past, raise some concern. Although not stated in the applicant's request letter, it is anticipated that homes built in this project will be of the size and character of the Heritage project. If this is true, the proposed building pads shown on the applicant's plans, as mentioned earlier, are unrealistically small. This concern is compounded by the fact that Lots 1-4 are subject to Shoreland District lot coverage limitations of 25%. 2. Road Alignment. As discussed in Section B of this report the alignment of the road is generally where it has to be. The developer and the City Engineer should be directed to explore measures of reducing tree loss on the south side of the road, such as grade requirements, retaining walls, shifting the alignment of the paved surface, shared driveways, etc. 5 . . Re: Watten Ponds Rezoning and P.U.D.lC.U.P. 27 February 1996 " 3 . Setbacks. This office agrees with reducing the front yard setback within the project, in exchange for increased wetland and rear yard setbacks, and provided it demonstrates enhanced tree preservation. It should be noted that, due to the orientation of Lot 1, Block 1, setbacks for that lot are different than what is shown by the applicant. Exhibit E shows the proper setbacks based upon the narrowest frontage of the lot being the Eureka Road side. RECOMMENDATION The property in question is deserving of special attention. Planned unit development of this site is viewed as the best way to preserve as much of the natural character of the land as possible. In exchange for the flexibility requested by the developer, the City should demand greater . control over tree preservation and wetland protection. It is important that the City have a clearer understanding of what will happen to the site. At the same time the developer must have a clear understanding of what his limitation will be. Unless the developer is suggesting homes of the scale suggested in his plans, it is recommended that the concept, grading and tree preservation plans be revised to reflect what will actually be built. To further everyone's understanding of the project, it is recommended that the developer demonstrate how homes would be constructed on Lots 1 and 2, Block 1, and Lot 3, Block 2. Detailed plans showing grading, tree preservation, construction limits, maximum driveway grades of eight percent and maximum slopes of 3: 1 should be required for review. Serious consideration should be given to eliminating one of the lots in Block 1. . cc: Jim Hurm Larry Brown Tim Keane Chuck DillerudoVem Watten 6 ZONING DISTRICTS RESIDENTIAL DISTRICTS R.1A R.18 R.1C R.1D R.2A R.28 R.2C R.3A R.38 R.C LAKE MINNETONKA GO 1(j~RL.AJ(EI /)~ COMMERCIAL DISTRICTS Single.Family (40,000 sq. ft.1 Single. Family (30,000 sq. ft.1 Single. Family (20,000 sq. ft.1 Single' Family 110,000 sq. ft.! Single and Two.Family Single and Two. Family Single and Two.Family Multiple.Family Multiple .Family Residential'Commercial C'1 C.2 C'3 C'4 Neighborhood Convenience Auto. Or iented General Service $h fH1f=I I 400' 0 400' 1000' l= 2000' PREPARED BY: FEBRU Exhibit A SITE LOCATION AND ZONING Abingdon Development Corporation Brad Nielsen City Planner City of Shorewood 5755 Country Club Road Shorewood, l\1N' 55331 February 6, 1996 . .., - ." .. Dear Mr. Nielsen: Subject: Application for Planned Unit Development District (PUD), PUD Concept Plan, and PUD Development Stage "Watt en Ponds" . The Dahlstrom Abingdon, LLP hereby makes application for land development City approvals as captioned. The Applicant is a Limited Partnership made up of Abingdon Development Corporation and Dahlstrom Companies. Abingdon is the development division of Tony Eiden Company. Abingdon is developing two other residential subdivisions in Shorewood: "Heritage" and "Smithtown Meadows". In addition to Shorewood neighborhoods, Abingdon has developed several residential properties in Plymouth. The Tony Eiden Company has constructed 20 homes in the Boulder Ridge neighborhood, and has several homes under construction in the Heritage neighborhood at the present time. . Dahlstrom Companies is a custom home builder that has for several years concentrated its activity in the Maple GroveIPlymouth area. Dahlstrom has developed residential property in Maple Grove and is a partner with the Tony Eiden Company in the nearly completed ''Plymouth Oaks" neighborhood in Plymouth. Dahlstrom builds homes similar in design and size to those of the Tony Eiden Company. Planned Unit DeveloDment District ConceDt Statement Our applications are for the appropriate zoning and platting of 3 parcels of land totaling nearly 15 acres for the creation of 11 new single family detached building lots and 1 lot for the existing Watten homestead. In addition to the 2 parcels owned by Vem and Jacqueline Watten, the plat will include the former Lavan homestead, now owned by the Partnership. Our discussions with the Wattens concerning this development have extended over the past 2 years, during which time numerous sketch designs have been formulated and discussed with the Wattens and various regulatory agencies. The need to carefully balance the natural beauty and integrity of the site with City infrastructure specifications and the 4100 Berkshire Lane - Plymouth, MN 55446 (612) 550- Exhibit B APPLICANT'S REQUEST LETTER Dated 6 February 1996 business realities of project pro forma has proven challenging and time consuming. During this 2 year period local policy and legislation has been amended regarding forestation, wetlands and public water. Each policy amendment has impacted either design or financial aspects of the project (or both), resulting in a need to rethink how to best develop the site. While not a design issue, the decision by the City to move forward with the installation of public water in this portion of Shorewood certainly has had a financial impact on the project pro forma. While we have in the past - and continue to - endorse that decision as responsible public policy, our project costs have, as a result, catapulted from $3,500 per lot for a private well to over $12,500 per unit for Shorewood Trunk Assessments ($10,000 per unit) and installation of water laterals to each lot. We, never- the-less, continue to see public water as a wise investment for the City of Shorewood. We would, however, have no problems developing our project with private wells were that the policy of the City. . The Shorewood Land Use Plan was reviewed by the Planning Commission and City Council, as mandated by State Law, during 1994 and 1995, and adopted the Plan in 1995. The Plan designates this site, as well as all Shorewood neighborhoods East and South of this site "Low Density Residential" (1-2 units per acre). The Land Use Plan has maintained this density designation since the early 1980' s. This results in a development potential for this site in compliance with the Land Use Plan of 15-30 units based on gross site area (14.7 acres). . The Shorewood Zoning Ordinance does not permit the use of gross site area in determining lot sizes (net of Shorewood Wetlands). Further, the Zoning Ordinance was amended in August., 1995 to incorporate wetlands buffer and setback provisions. This site contains several wetland areas, and therefore the design of the site is significantly impacted by wetland related Zoning Ordinance standards. Therefore, while the Land Use Plan may suggest that 15 to 30 lots are permissible here, only 12 (11 new) will actually fit the site when the other standards are applied as well. All of our earlier design sketches for this site were for lot counts greater in number than what we are now proposing. The Applicant has decided to submit this plat as a PUD rather than a conventional plat. We have prepared a conventional RI-B (the proper zoning for the site for consistency with the Land Use Plan) plat for the site. We will share that design during the public hearing on these applications. The conventional plat yields the same lot count as this PUD plat and would meet all Shorewood Zoning Ordinance standards for lot area and set backs. We believe, however, that the conventional plat would do an injustice to the site, and we therefore propose a PUD Plat for the following reasons: 1. Our PUD proposes a 30 foot front set back versus the 35 foot required by the conventional plat. This is proposed for 2 reasons. First, all but 4 lots back on to wetlands. When otherwise possible additional set back from those wetlands is desirable. Second, this site is heavily forested with mature trees. Retaining those trees in a rear yard is much more probable than in a front yard. (due to utility line and driveway requirements) With over 1400 feet of wetland frontage involved trading 5 feet in the front for 5 feet in the rear will make it possible to save a significant number of additional trees. 2. Our PUD proposes a lot size average (Net of Wetlands and Public Streets) of 31,025 square feet, or 55% greater than 20,000 square foot average required for a PUD in this Land Use classification. Four of the 12 lots, however, will be under 20,000 square feet of net area. (15,181sf; 15,3015f; 18,202sf; and, 19,151sf, respectively) The bulk of this sizing in due to a design decision to orient the street a few feet further north than it could be. This allows a square intersection with existing Orchard Circle at Eureka Road, and in this manner we both save more of the mature pine trees on the fonner line between the Lavan and Watten parcels and provide the full 30 foot set back to the road from the existing Watten garage. It also moves the new homes on the south side of the street even further back from the wetland. . No other PUD design flexibility is proposed for the plat. Rezooio2 - RI-A to PUD Pursuant to the required findings of Section 1201.04, Subd. Id. (I) of the Shorewood Zoning Ordinance we submit as follows: 1. The proposed action is consistent with the specific policies and provisions of the Comprehensive Plan. Residential density is within the prescribed range for "Low Density Residential", public water service is proposed; wetlands are preserved (zero encroachment) and existing trees are proactively proposed to be preserved. . 2. The proposed use will be compatible with present and future land uses in the area. All surrounding land use is single family residential, as proposed at similar or higher net densities. 3. The proposed use will not tend to or actually depreciate the area (neighborhood) in which it is proposed. 4. The proposed use will not overburden the City's service capacity. 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Plymouth, Minnesota 55447-4739 Teiephone 612/476-6C10 612/476-8532 FAX Engineers Planners Surveyors January 16, 1996 Mr. Brad Nielson, City Planner City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331-8927 SUBJECT: Tony Eiden Company Preliminary Wetland Delineation Report Eureka Road Shorewood, Minnesota MFRA#I0985 . Dear Mr. Nielson: McCombs Frank Roos Associates, Inc. (MFRA) has prepared this preliminary wetland report to assist Tony Eiden Company in developing site plans, and wetland permitting documentation in order to comply with the Minnesota Wetland Conservation Act (yVCA) of 1991 and the Clean Water Act Section 404. This report is primarily based on winter observation and subject to spring verification because the Minnehaha Creek Watershed District does not generally except wetland delineations conducted after October 15th. MFRA commenced a field wetland delineation on the site on December 4 and 5, 1995. The site is approximately 14.6 acres in NEI/4 NEI/4, NE1I4 See 32 and SE1I4, SE1I4, SEI/4 Sec 29 Tll7N R23W, Mississippi River (Metro #20) Watershed, Hennepin County, City of Shorewood, Minnehaha Creek Watershed District. Three (3) jurisdictional wetlands were identified on the site. The . proposed residential development project does not involve draining or filling of the wetlands, therefore. a Certificate of No-Loss will be requested from the Watershed District to document compliance with the WCA. Methodolo1!V As part of our wetland delineation, MFRA reviewed the available background wetland information on the site. This information included: . City of Shorewood Wetland Map; . National Wetland Inventory Map (NWI); . Minnesota Department of Natural Resources Protected Waters Map; . Hennepin County Soil Survey; . U.S.G.S. 7.5 min Quadrangle Map; and . Site maps ~,B. An Equal Opportunity Employer Mr. Brad Nielson January 16, 1996 Page 2 During the site visits, potential wetlands were identified and delineated using the principles of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989) and the 1987 Corps of Engineers Wetland Delineation Manual including all adopted modifications. The wetlands were classified according to the methodologies in Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et. all979) and Wetlands of the United States (USFWS Circulation 39; Shaw and Fredin 1971). Wood lath and pink flagging was used to identify the boundary between jurisdictional wetlands and the adjacent uplands. The location of the wetland boundary has been surveyed by MFRA and the boundary was incorporated into the site plans. Due to winter conditions observations of the plant communities were limited to the tall, persistent species, and snow cover may have obscured subtle changes in topography. The south and east edges of Wetland 2 were not delineated because no development was anticipated in this area, so the actual size of the wetland would be smaller than reported .ere due to, existing encroachment by Eureka Road and Valleywood Lane. Wetland Characteristics Wetland I (WI) is a 0.27 acre basin which has been separated from the north end of Wetland 2 by an old abandoned driveway. Based on field observations, the wetland was classified as a Palustrine EmergentlBroadleafForested, Saturated (pEMlFOIB - Type 2) basin. The dominant vegetation was reed canary grass, cattails, blue flag iris, purple loostrife, buckthorn, willow sp., and box elder. Frozen surface water was observed near the center of the basin. Soils near the wetland boundary consisted of black (N2/0), silt loam to a depth more than 16 inches which masked any hydric soil features. The wetland boundary was staked based on the change in topography and the vegetation which was dominated by buckthorn, white oak, sugar maple, hickory, and red oaks. Wetland 2 (W2) is a 5.51 acre basin which extends along the south and southeast portion of the site. The anajority of the basin was classified as Palustrine Emergent Seasonally-flooded (pEMC - Type 3) wetland "hich is dominated by cattails, giant reed grass, purple loostrife, reed canary grass, river bulrush and sedge sp. Along the edge of the eastern portion of the basin there is a band of Palustrine scrub shrub, saturated (PSSIB) wetland which is dominated by red osier dogwood, and buckthorn. Along the southeast edge of the basin a minor area of Palustrine BroadleafDeciduous Forest, Saturated (PFOIB) dominated by american elm, box elder, buckthorn, and reed canary grass occurs along Valleywood Lane. The western portion of the basin is classified as Palustrine Emergent Seasonally flooded (PEMC) wetland, dominated by reed canary grass and with a manmade outlet ditch to Wetland 3. The south and east edge of Wetland 2 was not delineated because no impacts were anticipated to these areas. The wetland boundary along the south and east side of Wetland 2 generally corresponds to the existing road embankments. Along the delineated edge of the wetland boundary was staked along a moderate to abrupt change in topography and where the vegetation became dominated by upland vegetation; white oak, red oak, sugar maple, buckthorn, and hickory. The soils along the wetland boundary were black (N2IO) silt loam to depth greater than 18 inches and there were inconclusive for purposed of determining the wetland boundary. Surface water was observed in the center of the wetland and saturated soil within 12 inches of the surface was observed near the wetland/upland boundary. Mr. Brad Nielson January 16, 1996 Page 3 Wetland 3 (W3) is a large off-site wetland, of which 1.92 acres extends into the western part of the site. This basin was classified as a Palustrine Moss-Lichen/Emergent Semi-permanently flooded (pMLlEMF - Type 4/8) wetland. This basin has an edge (approximately 20 - 40') which is open water with duckweed, and some sedge species. Near the edge of the area dominated by sphagnum moss (bog) the water depth was 2-1/2 to 3 feet deep which probably results in a floating bog condition. The sphagnum moss also supports dominant species of cattails, laborador-tea, and purple loostrife, with secondary species of red osier dogwood, white birch, buckthorn, blue flag iris and reed canary grass. The wetland boundary was abrupt as a result of the steep slopes. The adjacent uplands were dominated by red oak, sugar maple, sumac, and understory of grass sp. Wetland 4 (W4) is a small (0.19 acre) off-site basin which is just off the northwest edge of the site, An ice surface was observed, but it was not possible to observe any vegetation or soils in the basin. Trees .' were limited to the edge of the basin and the topography and manmade outlet ditch limits the extent of the wetland. A non-wetland, closed depression was observed immediately northwest of the existing house. There were scattered mature trees throughout the basin with little or no observable understory growth. The vegetation appeared to be more consistent with the adjacent uplands than with the wetlands in the area. No ice surface was observed, and the soil was frozen, whereas saturated soils in and around the adjacent wetlands remained unfrozen. If you have any questions about this wetland report or need additional information, please contact us. Sincerely, McCOMBS FRANK ROOS ASSOCIATES, INC. · ~fk3~ Kelly 1. Bopray, CPSS Certified Professional Soil Scientist KBJ:pry Enclosures p:\ms:\1098S\niell.16 -. . . I IA' ,. ~ d: ~. , I III .~ I : , III mal . ... -I 2~ t1 I !J -1.1 ~ -' I I ~. .- ~ ~:I __;:- --(i' / Ii I : /\: ,~": ': / '::/ I /: o T\{~J.\ / ;:. '/ :v. o ..r. I ; \/ \ ---ll- e S EI ~1 , I __I os:' I I "-- --'- II II ~: I ~i ----- ?f'Ot\!:J - - ) .. .. o - ---.J II I .. . .I~ II ' !' I I ,I I ~ l,al I. oil '~L II t~ II ~ LL..L!l Q..lLSjl. L - _1- .- ~ .-- .~ ,- .- ~ .-- . ~ J . I 1 . . . . A J 1 1 I 1 ~ ~ I. · ~~- - -,- L k. '" (I " II 'I g I ~ \ \ H\; '.I ~ ~M !I ~I II . I : I _1\ ..1 -, .1 , -I' ,. ,/ .:'.~' , - \ ' " '..' ..... . "',; ,),. p I "JSi/-; . ~ \ .:0 ' __ ~ .... t: ,. . . "_I~_:J ~ t ." J ~":.' "'-,' .~ ~C jlll" .':u /"...., !I e ~ ) J .-:/'1 m . ~. !i ~~ .... ... , . .~ ....t.... ".~,~., .. 1:$* :. ------------ '.\"'- j 1111 I '" I 1:t, 1111 8 . . ., "",">V ...---- ~)~::'. ~ ...." ltU~H .~ . :.::-. . '. ~ P'MtNNETONKA ,0 .-------- M' --"""'. 'i.. / , . ",,' , 48 J \ . ./ '.....'--...:..,~ .~:. . ....~ . " ' '.~ ,/ :.;~~.. . . . '... ., .. -- .. l?- f [ IF \ \' I \ \ ,\> \ "" \.. , " "0, NWI MAP ICALI . ,.... \000 , McCombs Frank Rooa AaocIates. Inc. ~ 150S0 23rd Ave. N. Plymouth. MN 55447 612/47&<<)10 Engineers Ptannera s~ .' . TONY EIDEN CO. " \0<<\&5 :.bbY 1 ~ SOIL SURVEY MAP. ~ McCombs Frank Roo. AssocIates, Inc. IeALI ,... ~. " . '5050 23rd Ave. N. Plymouth, MN 55447 6121476-6010 Engineets Planners Surveyors TONY EIDEN CO. \oC\ tJC; . . CHANHASSEN c o. . IL 35' - ~ 0'..,.., -,..... ;::1...,. DNR WETLANDS MAP McCombs Frank Roo8 AssocIates, IDe. . 15050 23rd Ave. N. PI)mouIh. MN 55447 e1:l/<l7&e010 e...... ptannera s~ ,~&ft R23W : . TONY EIDEN CO. ... ." "'1 ~ MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 l\1EMORANDUM TO: Planning Commission, Mayor and City Council Brad Nielsen . FROM: DATE: RE: Larry Brown ~ . March 1, 1996 Watten Pon~ ~ Rezoning and P.U.D.lC.U.P. Existin~ Conditions This site is located immediately northwest of the intersection of Valleywood Lane and Eureka Road and consists of three parcels. The 14.7 acre site contains City designated wetlands totaling 4.9 acres in area, and contains mature vegetation throughout the site. Ri~ht of Wav and Roadwav Requirements The applicant has provided for a 50 foot right of way which is consistent with the subdivision' ordinances. ' . The grading plan indicates that the roadway profile grades will vary from a minimum of 1.0 % to a maximum of 6.0% which is in accordance with the Subdivision Ordinances. The design also provides for a safe landing area for the approach of the intersection of Orchard Circle and Eureka Road. The typical section indicates a width of 12.0 feet to the back of curb. This distance should be revised to 12.5 feet to allow proper lane width. Drivewavs The plan proposes driveways which range from a minimum grade of approximately 3.0 % to grades in excess of 14.0 %. Driveway grades should be revised to a maximum of 8.0 %. In a few cases, such as Lots 3 and 4 of Block 1, steep driveways may have to remain to insure adequate freeboard between the emergency overflow of the storm sewer system and the proposed house pad elevation. 0.(!,. A Residential Community on Lake Minnetonka's South Shore . . Watten Ponds PUD/CUP March 1, 1996 Page 2 of 2 Gradinf{ Drainaf{e and Erosion Control The applicant has proposed a nurp pond at the southerly ends of Lots 1 and 2 of Block 2. The applicant will need to revise the pond to include the necessary 10:1 safety bench at the water line. In addition, the applicant will need to submit grading and drainage calculations as part of the preliminary design process. During the review of the house pad elevations, it was noticed that there were several house pads which will require grading other than what has been indicated in the plans. The applicant needs to revise the plan to show all the necessary grading required to construct the house pad. The grading plan also needs to provide positive drainage away from the house pad of Lot 2 Block 1. CtnTently, there appears to be potential for drainage from Lot 1 Block 1 to affect the building pad of Lot 2 Block 1. Sanitary Sewer and Watermain The plan provides for adequate sanitary sewer and watermian for the proposed lots. As part of the review, it was discussed whether the sanitary sewer would cause less impact to existing wetlands and vegetation as proposed, or whether sanitary sewer could be extended along lots 3 and 4 of Block 2, between the two existing wetlands, and ultimately to Eureka Road. Although the later route is of shorter length, it is believed to cause more damage to existing wetlands and vegetation than what is proposed. The alignment of the sanitary sewer immediately south of Outlot B needs to provide a minimum of 15 feet from the wetland to insure adequate room to install and maintain the line without impacting the wetland. It is anticipated that the proposed route will be installed using a trench box to minimize disturbance to mature trees. The proposed sanitary sewer line between lots 6 and 7 of Block two is approximately 12.5 feet deep as compared to the house pad of Lot 7. The distance between the proposed house pad and sanitary sewer line is approximately 10 feet The minimum distance should be approximately 13.0 feet to allow for maintenance of the line without disturbance to the house pad. The emergency overflow for the low point in the street is at approximately 948 and occurs immediately north of the proposed house pad of Lot 3 Block 2. It is recommended that an overflow elevation of 948 be maintained for the roadway low point" in the event that the design capacity of the storm sewer is exceeded. , MEMORANDUM . TO: FROM: DAlE: RE: FILE NO. CITY OF SHOREWOOD MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 Planning Commission Brad Nielsen 2 March 1996 Watten Ponds - Comprehensive Plan Background 405 (96.02) Residents neighboring the proposed Watten Ponds development and members of the Planning Commission have inquired as to how the subject property originally became designated for residential use at 1-2 units per acre. Shorewood's first Comprehensive Plan was started in the late 1970' s and adopted in 1981. A number of factors were taken into consideration in developing the Land Use Plan portion of the Comp Plan: , . There was considerable regional pressure (Metropolitan Council) for more affordable housing. This pressure was exerted through limitations on sewer extensions and various funding programs (e.g. park grants, etc.). Shorewood experienced some of this in the mid 80's. This pressure has recently accelerated with such proposals as the Orfield legislation. · Over the years there was sporadic interest in the provision of municipal utilities. Although City sewer was installed in the early 70' s, City water and, in some areas, - storm sewer were extremely expensive to extend in large lot areas. · Some city officials were concerned about the legal ramifications- of exclusionary zoning. . Exhibit A contains the land use policies from the 1981 Plan. Many of these have been carried forward into the 1995 Comp Plan Update. Exhibit B contains discussion about expanding the areas which allowed development of 1-2 units per acre. In reviewing areas proposed for such density, surrounding use and zoning were taken into consideration. Exhibit C shows the residential development surrounding the Watten Ponds site. With the exception of vacant parcels to the west and the wetland area to the east, there has been relatively little change between what existed in 1981 and today. The subject property is bounded on three sides by R -1 C zoning, which provides minimum lot sizes of 20,000 square feet in area and 100 feet in width. Lot sizes in various adjacent subdivisions are as follows: A Residential Community on Lake Minnetonka's South Shore fa. DJ Nw:th · Birch Bluff Upper Minnetonka: Min. lot - 13,200 sq.ft.; max. lot - 40,920 sq.ft.; avg. lot - 26,292 sq.ft. · Mann's Addn. to Birch Bluff: Min. lot - 9900 sq.ft.; max.lot - 36,476 sq.ft.; avg. lot -22,538 sq. ft. ~ . Grantville: Min. lot - 18,600 sq. ft.; max. lot - 43,500 sq.ft.; avg. lot - 18,600 . Lee's Square: Min. lot - 10,620 sq. ft.; max. lot - 23,600 sq.ft.; avg. lot - 14,750 sq.ft. · Lee Circle: Min. lot - 17,200 sq.ft.; max.lot - 38,000 sq. ft.; avg.lot - 28,157 sq.ft. · Grantville 2nd: Min. lot - 23,400 sq.ft.; max.lot - 44,500 sq.ft.; avg. lot - 28975 sq.ft. · Eureka Richland: Min. lot - 25,450 sq.ft.; max. lot - 38,333 sq.ft.; avg. lot - 34,723 sq.ft. . South · Shorewood Acres 1st Addn.: Min. lot - 20,025 sq.ft.; max.lot - 20,550 sq.ft.; avg. lot - 20,275 sq.ft. (four of these lots have two-family dwellings on them) Based on this development pattern, the 1-2 unit per acre designation was considered appropriate and consistent with two important plaiming and zoning principles 1) the designation provided a desirable transition between large lot zoning to the west and smaller lots on three sides of the property; and 2) changes in use or density should occur at mid- block so that similar uses or densities front on the same street. . . The most significant difference between the 1981 Plan and the 1995 Update is the approach to implementing the land use plan. The earlier approach did not change zoning except to reflect existing development. Zoning changes were considered as development was proposed, using the Comp Plan as a decision-making guide. The new Plan takes a more proactive approach, calling for rezoning of several sites throughout the community to make them consistent with the land use plan. The Watten Ponds property is recommended for rezoning from R -IA to R-l C and highlighted for planned unit development due to wetland configurations. While it is difficult to reconstruct exactly what happened 15 years ago, it is hoped that this information sheds some light on how the Comp Plan has been formulated. If you have any further questions relative to this material please do not hesitate to contact me on Monday. cc: Jim Hurm Tim Keane Larry Brown Chuck Dillerude Vern Watten -2- I' I I I I I I I- I II - Land Use Policies General 1 . The community shall be planned and developed in units as determined by either physical barriers and/or homogeneous land use characteristics. 2. Whenever possible, the impact of physical barriers shall be reduced to increase relationships between segregated areas and reinforce continuity and a sense of community. 3. Major streets are to border, not penetrate, neighborhoods. 4. Related uses and activities when compatible shall be concentrated and clustered into functionally related subunits of the community. s. On community as well as neighborhood bases, varying types of land uses shall be combined and integrated when compatible and complementary, and when increased efficiency and land utilization can be achieved. 6. On a subregional and community, as well as categorical basis, land use development shall be planned to prevent competition of a detrimental type . - 7. All development proposels shall be analyzed on an individual basis from a physical, economic and social standpoint to determine the most appropriate uses within the context of the planning district in which it is located and within the community as a whole. 8. Land use development shall be related to and reflect transportation needs, desired development and community priorities. 9. Land use development shall be planned so as not to isolate or create landlocked parcels. 10. The use of easements for the purpose of access is to be discouraged. 11. "Back Lotll development shall be permitted only when adequate access can be establ ished and provided without crecting non- conforming property. Exhibit A 29 ). ~ . . 12. Intensification of land use octivity and development shall be accompanied by sufficient corresponding increases in related supportive and service facilities such as parks, off-street parking, fire and pol ice protection, etc. I I I I I I I I I I I I I I I J J I .f 13. Over allocation of use types shall be avoided on a community as well as a subarea, development district basis. 14. Transitions between distinctly differing types of land uses shall be accomplished in an orderly fashion which does not create a negative (economic, social or physical) impact on adjoining developments. 15. Wherever possible, changes in types of land use shall occur either at center, mid-block points so that similar uses front on the same street, or at borders of areas separated by major manmacle or natural barriers. 16. The removal of land from the tax rolls shall be considered only when it can be clearly demonstrated that such removal is in the publ ic interest. 17. Programs and incentives for continuing privately initiated maintenance, improvements for energy conservation, and redevelopment of existing land use development shall be created and i mpl emented. The City shall cooperate with already established private groups in undertaking develop- ment and redeve I opment efforts. 18. Renewal, replacement and redevelopment of substandcrd and grossly incompatible development shall be accompl ished through publ ic action and private means. 19. Where practical, problems with confl icting and non-complementary uses shall be resolved through removal and relocation. 20. Sufficient setback requirements for new development along major streets shall be established to prevent future problems of street upgrading (e.g. widening) . 21. To the maximum extent possible, development policies and regulations shall be appl ied consistently and uniformly. 22. Shorewood IS land planning and development shall be on a cooperative basis with neighboring communities. 23. Shorewoodls lakeshore shall be protected from overintensification of use and development. . 30 I' I I I I Residential 1. Residential neighborhoods shall be planned and developed according to establ ished planning district boundaries. 2. Low density residential neighborhoods shall be protected from encroach- , ment or intrusion of incompatible higher use types and by adequate buffering and separation from other residential as well as non-residential use categories. x I I .e I I I I .e I I I I I I 3. Residential neighborhoods shal t be protected from penetration by through traffic. Y. 4. Access to major streets shall be provided on the periphery of residential neighborhoods . 5. Owner occupied housing is to be encouraged. 6. The existing housing stock shall be preserved and improved through inspection, code enforcement, and resul ti ng updati ng . 7. Through public capital improvements, an impetus shall be provided for private investment to help upgrade aging residential units. 8. Shorewood's high quality residential environment shaU be maintained and enhanced through rehabilitation or where necessary, redevelopment of substandard units. Such actions shall be undertaken through private means and/or public action, when feasible. 9. Substandard housing shall be removed when not economically feasible to correct deficiencies. 10. Residential development shall be protected from adverse environmental .impacts, including noise, air and visual pollution. 11 . A variety of housing is to be maintained. 12. Housing styles and development techniques which conserve land and increase energy efficiency are to be encouraged . 13. Lot sizes in the community shall take into account the cost of land and service improvements, yet be adequate to maintain the suburban, natural characteristics of the community. 31 14. Overall density shall be a primary consideration in planning for the community . 15. Density and lot size shall be the primary considerations in the review of development requests. 16. All new housing shall adhere to the highest community design, planning and construction standards. 17. Design, energy conservation, and planning innovations shall be encouraged in housing units. . . 18. Innovation in subdivision design and housing development shall be con-' sidered through the use of devices such as the cluster and planned unit development concepts. . 19. Residential development shall be prohibited on flood plains and other natural features that perform important protection functions in their natural state. 20. New residential development shall maintain the natural environmental character of Shorewood. 21 . Integration of housing types or styles within a development shall be allowed when applicable as long as the total number of units conforms to the prescribed density for the total development. . 22. Medium density housing is to be concentrated and allowed in those portions of the community where adequate supportive facil ities (high capacity streets, utilities, etc.) are existing, service needs are minimized, and activities in the form of work and leisure time are directly accessible. 23. Medium density housing shall not be utilized specifically as a buffer or viewed as being capable of absorbing negative impacts. 24 Medium density housing is to be developed only in relation to and support of major commercial and service centers. 25. The City shall respond to the housing needs of the entire community. 26. Shorewood's housing planning and development shall be in cooperation with neighboring south shore communities. 32 I , I I I I I I - ~ I I . . . . .. .- -, --~~ I" . land Use Plan The maps on the following two pages show Existing Land Use in Shorewood and the Proposed land Use in the community. The Proposed land Use map sho....'S the proposed iuxtaposition OT a variety of land use types and densities . These lend uses are described in general below. More detailed information and justification are included in the Area Plans section which follows the Community Facilities/Services Plan. UNDEVELOPED OPEN SPACE . Based upon the assumption that all buildable lend in Shorewood will eventually be developed in one fashion or another, this category consists primarily of wetlands. These areas are indicated on the Proposed land Use map as designated wetlands, and are taken from the official Shorewood wetlands map. These areas are scattered throughout the communiiy and range in size from small pot- holes to the very large tracts of land found near Howard's Point Road and east of ChristlTkJs lake. Protection of these natural areas is considered important, both ~n terms of Shorewood's natura! drainage system and re"i\;lntion of community aesthetics. SEMI RURAL RESIDENTIAL . While the City has recognized a need for providing areas which allow a some- what higher denshy than one acre lots, there is still a market for laige lots. The areas indicated on the Proposed land Use Plan map consist of land where such development is alreedy prevolent. Overall densiiy is proposed at approxi- matel,' 0 to 1 unit per acre. /'v'\ost of the areas proposed as semirurcl are adiacent to natural areas such as lakes or wetlands. In this regard, the City must ensure that any changes in density to surrounding areas has a minimum of impact on the lower intensity use. lOW DENSITY RESIDENTIAL ~ - 1 ~ This land use basically consists of single family residential at a density of approxi- mately 1 to 2 units per acre. Most of the area designated as low densiiy resi- dential is already zoned for this type of development. However, ~~ exa.q':1~Jon ~_this land use cateiort' is proooseq,. Areas which are proposed for a change in density from semirural to low density are justified based upon the apparent need for areas in which development costs can be lowered and yet where the spacious character of the communiiy can be maintained. Exhibit B 73 ..M~ I I I. I I , II I ~ : I I : .-rtIifIII1'" I .IMI I . ~~ :. "~ lJ.~~ -1 t- . ~_.L..-- ---i " ~f:;i;if!l~~ I l. ~ I I ._..J \r.... ~ It:: -,:- -~ ti;il ~" . ~~r.:ii I ,J.- I I ;;;;0- ~ , ,_ ... - I I L !.-'! =--:::;;- ) to. c:i' _of I ~ .....:::. ;::::::;., 0:: c~~ ;.-- .:;:::; ;;..- "AI" ~ II "IA" frlll u). . I :]! /r. ~y c'- _ ~'\~~_ z ~ \'( VALL \J..~,. p.~; I WOOD CIR. I Y .vtoo LA. ------ 3: ~~ ",.._t..,o, r---l.&J - /I - :;: -......, ,.. I ~l J" NY VALE' l:1 3: j..... o '--0 <t l.&J ~ - ROSE LA. (J) ..~-- - I I I I ' I I I l.--- , I y"- ~ I I ,I I ,'- I I I ' I , ./ // 1IIIr" .. . . \..4 ..,~ l.&J 0:: l.&J , - - ...JJ U . ~ L.e" 'tfc\i ~ HARD CIR. 6 . &c l_...l K ~~' I - TONKA BAY <t: ::.:: l.&J 0:: :::> l.&J v~ I I I I I & ~O : ~ I ~ , / ~ , NE~SI~E ~/ ~ e"I..~1 ~. : ~k.J\~- ~ 0' # ~ :~ I,.; I o o o 3: l.&J ~ o I~ I~ 1 '"'-- ~ . ~. ~ ~ ~ ~ \"~ ~ ~ ~/ I , ' I I I I I I I I I I I I I I I I Exhibit C ....~ . . Sheet1 HERITAGE ~ HOMES DESIGNED TO 3/1/96 Needed Lot/Block Buyer Width Depth Coverage Lot Area L 10, B 2 Bader 67 83 3491 13964 L9, B2 Jeter 62 60 3101 12404 L11,B2 Annaker 75 45 3222 12888 L4, B 1 Spec 74 60 3433 13732 L3, B2 Peppe 82 70 3796 15184 L 8, B 1 Johnson 82 59 3859 15436 A VERAG 73.67 62.83 3,483.67 13,934.67 .~ ,^ ..."........- Page 1 fo.E. ..... .. I ,--- MAR 18'}1 01: 29PM MCC~ ~ ROOS ~~b.. .- i! .I! i~il is . u... U"I C ~ ~ C""1 II") N lDC""1 '- . CY) U"I II -II 0 C:HI..I a: (T) UI w .. a:: Cllnn Cl:: a:: ..... L&J :> c..n II = ::J U o a:: HWl- >~z ~a:UJ W u 0.. l- ~ ZOW H ....J c.. Ii i jOlf . I ~ I all I!.! IiI; ~ . . I I III i I · t . j II ~ a I .. . . .. P. .... N IN . ~ I lil~ ~ lid A. '---- Ii 1m I ". I i'l I IJ; -........._-- -- --$-8 IJ "--. -- I -- -.-. "- -- -- - " -_ &')1'0_ it ~ ------1"= --- h- ~.::;-- ~__ - I - .i a I --_I ~ --- 4 I I i :i ~ ~ I CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: Planning Commission FROM: Brad Nielsen DAlE: 11 April 1996 RE: .Watten Ponds P.U.D. - Revised Plans Fll..E NO. 405 (96.02) . Subsequent to the last Planning Commission the City Attorney and I met with Chuck Dillerude, Tony Eiden and the attorney for the Dahlstrom Abingdon Limited Partnership to discuss the Planning Commission's recommendations. The developer feels strongly that . his 12-lot proposal is consistent with the Comprehensive Plan and that he has demonstrated that his homes will fit on even the smallest of the proposed lots. Consequently he will not be submitting revised plans for the meeting on 16 April. The Planning Commission will need to make a record of findings regarding whatever decision it arrives at. Please review the materials you've received to date, the minutes from meetings at which this item has been discussed, as well as your own notes and be thinking about factual reasons for whatever your decision will be. If you have any questions relative to this matter, please contact me prior to Tuesday night's meeting. cc: Tim Keane Bruce Benson fo.F A Residential Community on Lake Minnetonka's South Shore Subj: Public Hearing on Rezoning I~~.. ~~U"\ff.~~i ~ MAR - 4 1996 ~I \ By I To: Whom it may concern From: Maurice & Mary Pokorny Date: March 4, 1996 We are not in favor of the rezoning. If new homes are to be built in the proposed Watten Ponds development, they should be built to the current zoning status, which is R-1A, 40,000 square foot lots. . We moved out to Shorewood in 1968. (It was Excelsior then.) We chose Shorewood because it was quiet, beautiful and full of birds and other wildlife. We have already noticed the decline in the songbirds. We don't even see a deer anymore. I believe this has to do with all of the tree removing and new buildings going up everywhere. What will happen if they remove another 450 trees. We already have enough traffic in our neighborhood. Our schools are already crowded and our taxes are certainly high enough. We do not need to add to any of the above. We may face the same problem in the future since this development will allow access to other properties on the north and west. Rezoning below the current 40,000 square foot requirement may set a precedent for the other properties. Let's keep the character of the neighborhood. Let's keep the songbirds and the wildlife that is left. Let's keep our part of Shorewood the way it is. . If the planning commission can list three 'honest to goodness' benefits of the rezoning, maybe we will feel differently. We need an explanation as to how this rezoning can benefit the neighborhood, the environment and future generations. Thank you. 7J7tt . Ii- Ma/y a~Urice Pokorny ,~t?~ fa.&. NW COll OF CHIROPRACTI TEL No.612-888-6713 Mar 4.96 11:55 No.028 P.02 3 March 1996 TO: Shorewood aty Coundl 5755 Country Oub Rd. Shorewood, MN 55331 PH: Jason M. Frederidcs 25780 Wildrose I..n. Shorewood, MN 55331 (612) 474.-3m BE: The proposed Watten Ponds deveJopnent . . Dear Qty Council Members~ I adam.an.t1y oppose your efforts io rezone the proposed Watten Ponds development. My wife and I moved to Shorewood more than five years ago because we admired the send- rural neighborhood to include: the wildlife, tremendous water quality, extensive tree development.. et cetera. Furthermore, as a parent 1 resent your efforts to further burden our Minnetonka school district and detract from the quiet.. peaceful nabn'e of our community. Your inapptopdate plans to rezone the proposed Watten Ponds development seek to destroy the very attribu.tes fundamental in our dedsion to Uve and raise a family in this commurdty. I regret my inability to attend the pu.b1lc hearing on .( March 1996 but permit Mr. Greg Larson to speak and/or vote on my behalf as appropriate. Furthermore, I will support all efforts to prevent said rezoning through class-actlon or individuallitlgatton. Lastly, I request the voting record from this pub1i<: hearing and all relevant future $horewood. aty Cou:ndl meetings that will ultimately impact your re-eJectlons. You may contact me with any questions or concerns. Thank you. Sincerely, ~~----- Jason M. Fredericks DEAR BRAD NIELSON & SHOREWOOD CITY COUNCIL, I AM WRITING IN REGARD TO THE CITY OF SHOREWOOD'S PLAN TO WIDEN EUREKA ROAD BECAUSE OF THE PROPOSSED DEVELOPMENT OF THE WATTEN PONDS P.U.D.. WE MOVED HERE OVER 5 YEARS AGO AND PURCHASED PROPERTY BECAUSE WE LOVE All OF THE TREES AND PRIVACY. WE ALl GO FOR WALKS AND RUN SO WE ENJOY THIS AREA AND WE DO NOT WANT EUREKA WIDENED. AS All OF THE VERY BEAUTIFUL OAK TREES WILL COME OUT. HAVE YOU TAKEN THE TIME TO COME DOWN OUR STREET DURING THE SUMMER AND FALl? AlSO THIS WILL NOT ONLY TAKE AWAY FROM THE AREA BUT THEN THE PEOPLE Will BE DRIVING FASTER AND WE DO NOT NEED THAT. THIS IS NOT A THRU STREET SO WHY WIDEN IT. YOU SHOULD LOOK AT PUTTING THE MONEY INTO IMPROVING THE CORNER OF PlEASANT AVE AND HIWAY 19 SO THAT PEOPLE Will USE IT INSTEAD OF BIRCH BLUFF OR COME DOWN TO SMITHTOWN VIA EUREKA. THAT IS A VERY DANGER- OUS CORNER. YOU MIGHT DRIVE DOWN THERE AND TRY GET ON DUR- ING ANY OF THE BUSY HOURS. WHY ARE WE WIDENING EUREKA WHEN SMITHTOWN COULD USE IT WITH ALL OF ITS TRAFFIC AND IT IS A THRU STREET. I THINK THERE IS SOMETHING MORE BEHIND THIS THEN WE THE GENERAl PUBliC KNOW ABOUT. IF THIS IS AlTACHED TO THE NEW WATER SOMEHOW - WHY PICK ON EUREKA ROAD? THERE IS ALOT OF OTHER DEVELOPMENT GOING ON IN THIS CITY. I AM AlSO AGAINST PUTTING IN CITY WATER AS THAT SHOULD HAVE BEEN DONE YEARS AGO BEFORE SO MANY PEOPlE MOVED OUT HERE. WHY NOT WHEN THE CITY WAS INCORPORATED? PLEASE SHARE THIS LETTER WITH THE PlANNING COMMISSION FOR THE CITY OF SHORE- WOO THANK-YO o ~rc~uw~ I I By . . Feb. 20, 1996 , .,: ",,(..,.;~v ;,- 1 d h..~ 'I, " ~_ ..~,.3 ~~_'4 ~ ,~\ \.J..J J _-..-'1 - ~8 February 23, 1996 i I~ 966ll? 833 M I~~~U~~~~ Jim and Judy Marshall 5320 Eureka Road Excelsior, MN 55331 City Planning Commission City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331-8927 Dear Commissioners: . We have lived on Eureka Road for 35 years. We are shocked and outraged that our beautiful country road is being considered for upgrade to an "urban" street by our city officials with elevation/grade change, curbs, etc. We feel the council has lost the vision of what living in our area of Shorewood is all about. It is about "suburban country living." Perhaps you people should think twice in your consideration of this "improvement/upgrade" of Eureka Road. We are also concerned about the impact on the wetlands due to fill involved in the proposed grade change of Eureka Road and the impact of a proposed development on the west side of Eureka Road at the Laven and Watten properties. Wetlands to the rear of these properties are nesting grounds for wood ducks, and where our children skated and the Watten family canoed. We hope you are considering this and will do the appropriate impact studies on these wetlands before you make any preliminary or final agreements, approvals or decisions. . Sincerel~ tjJ} /J?~ Jim and Judy Marshall cc: Mayor Robert Bean Kristi Stover Bruce Benson Jennifer McCarty Doug Malam Larry Brown Gregg Larson City Planning Commission Brad Nielson r'cl.I'1' t.,-:J (i).. O. 4lp.. y' .f ~. ~~. ;, . pi <' ""i" i.i C:...;..;~ (..IU February 23, 1996 Shorewood Planning Commission Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Deborah Borkon, Jeff Foust, Virginia Kolstad, Christine Lizee, Jim Pisula, Jr., Kirk Rosenberger, and Laura Turgeon: . Re: Public hearing to be held March 4, 1996 to consider a request by Dahlstrom/Abingdon Development for approval of rezoning property from R-1 A to R-1 C, Single-Family Residential and a conditional use permit for Concept and Development Stage plans of Watten Ponds P.U.D. The plan proposes twelve single-family residential lots on the property located at 5370 and 5340 Eureka Road...(description) Please accept this as our written comments to be considered as we will be unable to attend March 4th, 1996. . We love our property. We loved it from the moment we set foot on it. Our concern for the area under consideration for rezoning is that the character of our neighborhood will change dramatically. Cluster homes, even if they are 1/2 million dollar homes, will dramatic~lIv take away from the peaceful, nature like setting we currently enjoy. We live in this area of Shorewood for a reason. I invite ea~h of you to walk the Eureka' Neighborhood to see what it is we cherish so. People walk their babies, their dogs, run, take nature hikes, bike, and exude a sense of community unlike any area we have ever lived in before. Eurkea neighborhood is a very cool neighborhood, a wonderful place to raise a family, and grow old in. We are totally opposed to the rezoning which is the subject of this public hearing. As to the conditional use permit: I, Kate, walked Noble Road and spoke to several of it's homeowners on Sunday, February 18th, 1996. I am greatly concerned about what they told me. Not one was neutral when it came to the Tony Eiden Companies. Not one was positive. Two were quite bitter. As members of our planning commission, you put in much time and effort to avoid unhappy endings. This area reeks of unhappy people. I implore you to investigate the Noble Road . . neighborhood. There is not much difference between deeds and words. The track record of this developer as reflected in the stories of the folks on Noble Road suggest his words of assurance do not ring true to his deeds. Based on the concerns and dissatisfaction of the homeowners on Noble Road, we are totally opposed to a conditional use permit for Concept and Development Stage Plans of Watten Ponds P.U.D. under consideration at the request of Dahlstrom/Abingdon Development. In our stressful world, this area of Shorewood is a sanctuary. A meandering walk in our area area will calm your heart and clear your mind. It is very healing. It is very special. Thank you for listening to us. ./) / j(~-IfL t~,- ~ Jerry Bix and Kate Lynch Bix 25545 Orchard Circle Shorewood, MN 55331 ps: We were caught asleep at the wheel. We are awake now. We are committed to be a part of this community from here on out. You have our pledge. cc: The Mayor and all Council Members, City of Shorewood Comments at a Public Bearing on the rezoning of, and Development Concept for, the '.Watten Ponds'. area of Shorewood, MN, 3 March 1996. Judy Englund, 25555 Orchard Circle, Shorewood, MN I'd first like to thank the Planning Commission and Council for their high standards in preserving trees and wetlands in Shorewood, and I ask you to continue to uphold those high standards when considering this development. The character of a neighborhood is not only in the number, size, and placement of houses, but also in the amount of wildlife habitat remaining between those houses. The Watt en Ponds area is made up of mature trees on the uplands interspersed with numerous wetlands. Because of the placement of these wet 'areas, there are alot of slopes -- up and down, up and down. This will require alot of grading for placing the size of homes required for this developer to maintain the character of his housing developments. This, in turn, results in a greater impact to existing trees, shrubs, and native habitat. . . I believe that 15 years ago, when rezoning this area was proposed, home size and footprint shape were vastly different from what is being proposed today in $300,000 homes. The trees were also 15 years smaller, and the potential environmental impact was less. The pad sites on maps given to us by the developer, as well as the estimated impact on trees from building homes this size and shape, are not consistent with the footprint sizes and impact to the land on previous developments by Mr. Dillerud. Please drive down Noble Road and Smithtown Meadows, if you have not already, and see how much land between homes has been left untouched. Homes on Noble Road average 75 feet in length, not 50 feet as shown on the development concept plan. This would bring the house to within 10 feet of the edge of the lot in almost all cases at Watten Ponds. With the yard size that Mr. Dillerud wants to provide for his customer, as evidenced by his request for wetland fill at 26550 and 26600 Noble Road (Boulder Ridge), this will negate most options for maintaining trees and other screening materials. It will also limit options for areas to put replacement trees. Even if the developer, in good faith, attempts to retain and replace trees according to Shorewood's tree preservation policy, will the private homeowner leave all those trees in place if they die? Home construction severely compacts Shorewood's clay soil around the roots of trees, virtually strangling them. The tree can live off sap available in its trunk and remaining roots for a short time, but mature maples often die 2 years after construction, and must be removed at great expense to the homeowner once the developer is long gone. I recently built a home in Shorewood (1992), on 54,000 sf of dry, buildable land, and was impressed with how very difficult it was to retain trees and .shrubs which would add to the character of my lot while finding a place for the fill g~nerated when my basement was dug. We have mature burr oaks, and slopes leading down to the same wetland as Watt en Ponds. We fenced and staked the dripline of each tree over 6" dbh, forbidding construction equipment in these areas. Still, my private, single home builder complained that there was not enough room to pile the soil necessary when digging my basement, or for his equipment to move around easily to access my foundation to backfill. They took down the stakes and drove their equipment under the trees, anyway, ripping down about 15 feet of sumac in the process. And this In addition to changing the wooded feel of the Eureka Road neighborhood, homes at this density will severely impact wildlife habitat. This small 14-acre area supports a wintering herd of about 15 deer at present. Great Horned and Barred Owls use the area for nesting and roosting. Red-shouldered Hawks have been seen in this woodlot on numerous occasions. Scarlet Tanagers, Rose-breasted Grosbeaks, Pileated Woodpeckers, Cardinals, and numerous woodland warblers depend on this closed-canopy forest. There is no question in any of our minds that more songbird habitat will be preserved in a development with 6 homes instead of 12. No one can put a price on the song of a bird. . Wildlife habitat notwithstanding, I'm concerned that homes at this density and size will impact runoff into the adjacent wetland because of the large percentage of impervious substrate - including but not limited to roads, driveways, roofs and patio areas - associated with the type of development that Mr. Dillerud builds. A study conducted by Hennepin Parks showed that in undeveloped areas, 10% of rainfall runs off a slope and into adjoining marsh areas, and 50% percolates and goes into the ground water. In urban areas (which this development represents), 55% of the rainfall became runoff, and 15% was taken into the soil and subsequent groundwater. I see that the developer has provided one NURP basin in his plan. I'm interested in knowing how runoff to the other 3 outlots and wetland areas outside the development (to the west) will be treated. In conclusion, I would like to point out to Mr. Dillerud (re: his mailing last week) that the PROPER zoning for this area is the zoning that is most respectful to the land and adjacent residents AT THE PRESENT TIME, not what was proposed 15 years ago -- when home sizes were much smaller than those that this developer is currently building, and 2-car garages (not 3-car) were the norm. Mr. Dillerud is concerned where his homeowners on Noble Road will place their swingsets. I ask, with 15,000 sf lot sizes and 4,000 sf homes, with adjoining driveways and decks, where will these homeowners find room for their swingsets? . I'd also like to propose that, if this development does proceed, the name be changed. This area is not an area of ponds, it is an area of wetlands. "Watten Wetlands" would be more appropriate. Thank you for your time. /"'-"'.~. r -"../ ..-:"\ '.. ~--', .... L...fVt.-'. I ., ( j ; , j i !../ ) -'" VI h(/,~ Mr. anti M7:S. 51. 'E. Lounstiwy 25990 'BircFt 'B{uff 1Wad 'Dafsior, f}.1j( 55331 .s - y- f(,' - t1'1_....;yt!':tI71~.. r~...EI,.ec/. J.:~.U./VSJ4I--y... .. /11-~.. I-t; t1N7jJkl-/ ~;y'c( rJY.~ ~ IF .~4Vdl. k~-7/clecl .,. 4-1 . ~G'9 9p..jSil-"~ .. gltlP~ .1{ lJ~r/ Pol- CJrt./l--d. ". 3()'f.e~~ ~I.- . ..... tt"R. It/-:.e-.. 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City of Shorewood clo Brad Nielsen City Planner 5755 Country Club Lane Shorewood, MN 55331 March 4, 1996 Dear Mr. Nielsen: I was informed by neighbors in mid February of a series of events that have the potential of transforming our community and changing its character for the worse. Draft city planning documents indicate that these three projects are related. They are, A) the installation of a city water main, B) the intention to use DOT funds to rebuild the roadway (leading to curbs and gutters, et. al.), and C) the re-zoning ofproperty by Dahlstrom Abingdon, LLP. I have received notice that road resurfacing project has been changed to retain the country quality to our neighborhood This is good news! While I am concerned about the severe city infrastructure change in installation of the city water main, I am more concerned about the potential damage that may occur if the development project in question is allowed to be re-zoned to RI-C. We hear from our children, or from the news, or from our reading that each day thousands of acres of rainforest are being destroyed. Everyday hundreds or thousands of species of animals are becoming extinct. I have heard the SllJing, "All politics is local." I know now what that means. We will be determining tonight the future of another 14.7 acres of semi-tropical forest. The reality of habitat destruction, and species extinction is just as true here as. it is in Brazil. Step by step, acre by acre the tracks ofbu11dozers are destroying Shorewoods habitats. The city must weigh on one hand the profits of a development company against the desires of current residents, and the fate of thousands of waterfowl, racoons, egrets, deer, song birds, owls, and hawks. As you know, the bulk of this property is protected wet lands or protected by the cities wise use of set back requirements on these wetlands. I am not an unreasonable person, and believe that Mr. Watten, Tony Eiden, and the Dahlstrom Abingdon, LLP have the right to the use of their land within the guidelines set by the federal, state and city statutes.nI guess that would be one of the points I am trying to make. You, I, the Wattens, and certainly the development company are temporary custodians of this land. Should we be allowed to maximize our use of Shorewood land, at the expense of the environment, the city, the neighborhood, or the countless Shorewood citizens that have yet to be born? I am afraid that when you look at some of the recent developments on our shores and in our woods, we have not been very good stewards of the land. Every year we squeeze out more wildlife and squeeze in more people. City zoning has been set on this property as R-IA for a reason, and I beleive those reasons were to preserve the natural beauty of Shorewood During the public hearing on the street repairs, we spoke, and you had indicated that you beleived that since the property on the opposite side of Eureka Road had been designated as RI-C it made sense to do here likewise. Just today I walked down Eureka Road to contemplate that point. I found that other than that at Orchard Circle, the land across from the proposed Watten Ponds Development was protected wetlands. I would like to address specifically the points that Mr. Dillemdsummarized in his letter to you dated February 6, 1996. 1) the residential density is consistent with the 1akeshore properties and those clirectly across from the lakeshore properties. The density is not consistent with the significant amount of property to the West of Eureka road. 2) The land density is consistent if compared. to the entire 14.7 . . acres, by my calculations there is less than 6 acres of developable land that is not wetland, or within the jurisdictional wetland setbacks. While they have made it look good on paper, the reality is that they are proposing 12 units on less than 6 acres. This 6 acres contains the bulk of the forested land. 3) I currently have an unobstructed view of nature. how can dense housing improve my property value? 4) This development may not, but which one will? Sincerely, Russ & Angel Erickson 5425 Valleywood Circle March 4, 1996 TO: CITY OF SHOREWOOD PLANNING COMMISSION RE: W ATTEN PONDS DEVELOPMENT It is our understanding that consideration is being made to rezone the proposed Watten Ponds development to high density. . We are stating that we are opposed to the rezoning request and want to keep the current zoning status, which is R-IA, 40,000 sq. ft. lots, regardless of previous recommendations by the city to a high density development. We bought and built on an acre lot eighteen yeaJl~ 'chose this area because we wanted to be in a rural area and houses were on larger lots as opposed to curb and gutter developments. We have very much enjoyed living here and seeing the wildlife. However, we have also watched the decline of wildlife as more building has gone on over the years. Larger houses on small lots detracts from our area as more and more vegetation has to be destroyed and wetlands have to be filled in to accomodate this type of development. We lose trees, wildlife, wetlands and character to our city. As city officials representing the people it is necessary that decisions be made for the good of the public and not what's best for a developer. Of course a developer would want more than less. It has come to our attention that the proposed developer of Watt en Ponds has a project in process at Noble Road and has requested a permit to fill in wetland areas. Is this what the City of Shorewood wants? _ Are there any added benefits to our neighborhood, city or environment by higher density rezoning? We don't think there are. We are asking that you, as planning commission, vote no to this request. r Thank you for your consideration. J/ n ~.~jlf ~ Gary' and Peggy Dressel 25505 Nelsine Dr. Shorewood, MN Joanne Jolinston 777T,~ceCsioriB{va. #204 · '4.ceCsioTi M9i55331 .612/474.6351 February 28, 1996 Shorewood Planning Commission Shorewood City Council Re: Vern Watten property Dear Members, This letter is to let you know my feelings about the development of the Watten property on Eureka Road. I lived across the street from the Wattens for over 20 years until 1995 . at 5375 Eureka Road. Our properties were both boundaried on the marshland to the south. I still live in the area in Excelsior. Please do not change the zoning from R1 A to R1 C. While I know Watten has the legal right to develop his land, I believe it is environmentally unethical to do so because of the pressure it will put on the woods and wildlife. Legally, the property is zoned for six houses. That number will do enough to adversely affect the quality of the forest lands and wetlands on that property. There's nothing we can do about that. However, you, the members of the planning commission and the city council, do have the opportunity to at least limit the destruction of the natural areas left in Shorewood. You can deny the change in zoning on the Watten property. I hope you will. . We've seen Shorewood's character change as people and houses put pressure on the natural areas. Shorewood still has some of the tree-lined streets, woodlands, marshes and wildlife that people need and want. We still hear bard owls and pilliated woodpeckers. Sadly, we no longer hear the frogs in the marsh just south of both Watten's and my previous property across the street. No one is making these wild areas anymore. They are more important than more money for Watten's retirement in Florida or Shorewood's tax base. Please do what you can to save what natural areas are left for the people who still live in Shorewood. ~ ~oanne Johnston F..~ B-2 <3 -:- <3.~.._._T!::Ll!..._. 1 0 : 45 PAC K - N - P 0 S THO M 0 S ASS A P . 04 12 e ~O,j f, C'J<S C GJ.;,J C <<f<,tV..( Cl ----..... 'I'" ...--~ . " a '" No-r d ~.Y~~ . wATTe~ q O~DS '. WI~ (,- ~ -NON,.eS" -. \ f'l~R..e.. Af2.e ~4 A c: l2 eS' fJ AT LeAS("'. Two aTl-.l ~tl- f?e~ pc..e Al<.e uJA \ r\lv~ .. :t3e\-4 iN]) ~ rpeAJ To 1><\J~,-- C~, . ~ TMf"~\C.I.MfA~T o1-J f:uf2.~~~ q:(1).1 C O~ ~..G c.. T( ~ 6 ..1<o~'DS. AJ..JJ) A Bt.J!T I ~<Q 1<.~A"OS ... (N-~"ro,lj b'~,A ~~ ~, U~s T ~'1' K~ovJ A~v--r \'"t-\ is p',~C)SfC'l).=i!otJrjoJGa. C::~AN G IS r :ilL i~o('"~~ IN\pp.c.. - ~ ,,\"p.,q ~U~D<a..J Q>J SC~l- Sc..r Scev.l'::) C\ T'i ~IN f'tzAS\ euc:ru(2~ _' _ .. ..?o ~ I c.e,,) '\Jo t..~NT~e.{<. ~~ct~l' SN~W (!..~/'I:'.O':VA- "-I .l<OAU {<.ePA~(C.>I'. , I'. _..._ . ..*. rtJ\J l (2.at-J Mevr~<- (MfACT - \Ue-r~ND S ... A .WeTLAND IMPACT"' ScUD"" __.Mu sr 'Be DoNe.... ..A .PlANM:,D U Q.B\~ .1'e:;\J eUJ PMe,~.rr (~~) W.IL~ .1-!^V~ 1)eJJseR. ~\C>uS(I.j.6 IN. Cea.TAfr;..,). AaeAS. C.6~C eR-NS; $' ~.C \~ AS f'tl<.. 'T I l,.. t "':f-<3~ R vl.-J 0 .F f=t \)J \Lf- .1 ~~<::. l .T-.~ e sew eT LA 1J1;> ~.(2 'CAS AJ.J'D l'1JI-J't>S. . :nr FEB-29~96 THU 10:45 PACK-N-POST HOMOSASSA ! . . P.03 (i . . .WHY 1P -rH~ ~\T,~eNS a~ O<J(l. C\\,'1 ~ .. .d A<-WA~.s HAve To COMe c.J P \N l-n~ p.. l.,. '- . :-r~e s e <-='JJ C ef2.N S A N-c ( M f'A C T ~ :5\J f<.l<dVN1).. .f Nee; A 1)~vC::.L.of>IV\eN'1//~€.=kJrJ(fJ~ S"\JCt-l AS . .-r- ~ \ S r C) N e (..)...X)~ \..:D '"'('1..t IIJ i<- T Nee \ ,... 'l' .1O\rAN 1J ~(?.'7. Co V N C. ( (.. / e 't ~ UJo V. L..'-'O ~ e.., A wAR. e... .. ..AND C6~rD~~ T("'~es e CO""';~el4-JS 1..-0N(; .. . 9 ~ Fo t2.. tt. A I c< ~ =z:.""C) N l )oj , P(.A 6J E- \J e..e. {< aAC\"i e S , .T~! e. P.u 6 c., ( G t-..L~ A~ IN <;. ?\ ~AS e. ---Po ~:; c C3 (....1 ..1:1-4 ~ Cd! '1 l S J~s-r IN TOO MuCH d F A ,,",,-va..P-1 ,.1"'D p..CCOMMO'DAT~ SON\e" C)u'"t-of ....ToY.J"j ~\J\,D(I' "wt4'O \J..J,b.~T s "':0 Mp.. t< tM (~e ~ IS f'12.o~ ( -r'". ~ tG~e f"o tt~ ....'Ne AS C'T.{ i;e~S. .."r S~o(.tewooD Fb<<" 3'3 .. YeA(l.,S. .1?~~~ LMl'A<:. T' $'1'\)1)' ~~ a tJ T \4 ~ ..~~OR.<="MeNT\orJe1> CO~ c~~s aEF~t2:.G" .eN."t.. .Vec\StON 1.5 MAD'. aN Re:~ON(t..JG- T~\S p(2.c)p- ...eRl'1.. ~.. - .j-- ~b -It . . ~~ ~ ~\q Mpre.sHAl..L ....._..-5t>~a 6\.J~~~A 1<~ S ~O~EWOC~ M tJ 5 S- 331 M~..e.~A - re~:f'"ee'e-. TO (30t'l FOn.... 'Pte.~""et1,. ---Pt\ ~,A S I ,.JG/ e (c. ~ -r t-1 tA.~,X . . BULLFINCH 28 Feb 96 To the Planning Commission of the City of Shorewood. Ladies and gentlemen. I write this as a former resident of Shorewood. My home was on Nelsine Drive, about two blocks from the Watten property you are considering for sub-division. I write about that land and its bird life. It should be stated now that I am not a professional ornithologist. I am an amateur, ~ a bird-watcher, if you will, but someone who has paid close attention to birds for over 40 years. That includes routine reading in a wide variety of birding journals, including professional publications, and writing on birds and birding for a variety of publications. I currently serve as editor of the journal Minnesota Birding. As a person who recognizes that many of the bird species which use the property in question are plagued by habitat loss both here and on their wintering grounds in Central America, I urge you to approve a plan which offers the least possibly disruption of habitat and removal of trees. Squeezing every last dollar out of the land might make economic sense, but it carries a very high ecological price. Birc!s will pay a significant share of that cost. Removal of trees not only will simply eliminate habitat and put greater stress on birds as they seek to survive in smaller, oftentimes less appropriate habitat, but removal also creates more edges to the tree groupings which remain. Edges are prime habitat for bird predators (raccoons, skunks, Cowbirds), thus further amplifying the problem. We are not alone here. We share Shorewood and even the relatively small parcel brought before you by Mr. Watten with many other kinds of life. We are the guardians of that life. Please include birds in your consideration as you entertain the request to push this project to its absolute limits. Thank you. I, James J. Williaros 3326 Martha Lane Minnetonka MN 55345 (612) 938-7020 -.-/ Editing and PubUshing for Birders -,Embroidered Patches and Ooi80DDe Pills 33.2.6 Martha LaDe . Mbmetoaka MN 55345 U.s.A. · (eu) 938-70.2.0 · Fax (61.2.) 473-38.2.4 Zoned RI-A Proposed "Watten Ponds" Lots V allevwood Circle Lots Block 1 Lot 1.) 15,301 sq. ft. 2.) 15,181 sq.ft. 3.) 18,202 sq.ft. 4.) 20,142 sq.ft. 5.) 19,151 sq. ft. Lot 22.) 49,658 sq. ft 23.) 62,291 sq. ft. 24.) 49, 1 0 1 sq. ft 25.) 54,014 sq.ft. 29.) 59,242 sq.ft. 27.) 39,204 sq. ft . Block 2 Lot 1.) 25,623 sq.ft. 2.) 20,277 sq.ft. 3.) 24,860 sq.ft. 4.) 24,450 sq.ft. 5.) 22,834 sq.ft. 6.) 21,850 sq.ft. 7.) 144,416 sq. ft. Adjoining Eureka Lot N. 28.) 45,600 sq.ft. Alternative Development Plan Based on R I-A Zoning . Example Lot 1. 48,684 sq.ft. 2. 39,298 sq.ft. 3. 45,846 sq.ft. 4. 49,318 sq.ft. 5. 44,685 sq.ft. 6. 144,416 sq.ft. 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I' .. t <"4 l':; I ~ i ili I ~ ~i -- I -- I tWJ . . :' I ! "- /-:2 .... /'"/ ..) . : .l ..l/ ,. .. .. I ,.' ....;.f .t,: . (...! /k/) ~~. ...... .- .... . .:.... .... '. ./ < c;(?:; ....._~. .~... -:::f/ lt~ _ _ ....--- .- .....-: C>g - - - - ~. , ;:.g -- ~~' ~ 'C) :r ....'- --..{ -",'- ..- ..- . - _...- r- I I -a.-- - -_.- -.. - l."~ ..... ! I it-'A/. I Vl..l/ l.l j., I ----- I I I I -- I ------ -- "" '---Ll "'\ ... .-- li g--_..... -- -- -- --- .-- Minnetonka ~ Public Schools r~ Learning Today for Success Tomorrow Ms. Patricia Larson 25535 Orchard Cr. Shor~ood.~ 55331 February 28, 1996 . Dear Ms. Larson Thank you for your inquiry regarding the enrollment projections for Minnewashta Elementary School, a part of the Minnetonka School District. While we do not make building-by- building projections, I hope that the following infonnation is helpful to you. Please don't hesitate to call if you want to discuss the projections further. Each year I spend about a month preparing enrollment projections for the Minnetonka School District. In order to assure accuracy and reliability, I hire the services of Dr. Hazel Rheinhardt, a consultant demographer. We have worked on the projections for the past five years. Part of the model we use is called "migration, .. and has three components: move-ins to existing houses, move-outs, and move-ins to newly created housing. It is the formation of these new housing Wlits which is of the greatest impact on our schools. Each new house brings in additional residents, many with school-aged children. (A few years ago we calculated the number at .51 elementary child per new house. But we have not updated this number.) . The fonnula, or more precisely, the mathematical model which we use to forecast population trends also involves many other factors including suburban birth rates, female fertility rates, parochial and private sdtool choice, and overall economic factors. To assure that we are grOWlded in empirical evidence, we also prepare a land-use and vacant-land study each year. (However, our consultant was tmavailable this past fall and did not do a fall of 1995 update. That will be done for fall of 1996.) When these componerit.s are combined with cohort stability, we have a successful model which rdiably projects grades 1-12. That success depends a great deal on capturing accurately the development of new housing in the district. To that end, we have obtained the zoning information for eadl mWlicipality within the sdlool district. Our model takes the amount of developable land in the district and factors it by applicable zoning requirements for acreage and type-of-use (currently giving us approximately 1500 home-building lots). The Minnewashta attendance area has 30% of this land. As a consequence, Minnewashta, which currently has 600 students, will likely be the fastest growing school in the district, with Excelsior (578 students) projected to be second ~ 26% of the district's residentially developable land. Those two schools are where the majority of developable land exists and where construction is underway at an impressive rate. ~'Iark N. E\'llns. Ph.D. Jireccor of Techllol()!:~ 201 School :\H~nuc. [xccbior, Minnt.'SOca 55331 (612} 47U-3-IOS Fax: (612) 470-3-132 ~- @ rt!C',~~ pcllJt~r . . Patricia Larson February 28, 1996 Page 2 In fact. Minnewashta School Principal Lloyd Law drove me around the area on a tour last month to point out the rapid rise of more than 100 new houses in his school area. As you might know, Minnetonka School District is proposing a bond referendum to construct additional school space to relieve overcrowding conditions which worsen each year. As part of our long-range planning. we look closely to our projections to be sure that we have enough classrooms and teachers to meet students' needs year-by-year. The projections must be reliable. In the case of Minnewashta and Excelsior Elementary Schools, our model has specified one-acre lots. If the zoning were to change from R-l A to something more dense, then the impact on the schools might become immediately much greater with more students arriving than we have planned to handle. Neither city has notified me of any impending changes in their zoning at this time, but I and other school officials would be happy to meet with any city planning representatives for coordination and discussion, thereby assuring that the sdlool district would have time to develop plans to accommodate unexpected increases in Mimewashta and Excelsior enrollments. The recent growth in the western area of the district has caused us to begin estimating the impact and immediate growth at Minnewashta. A change in zoning density would likely further increase the impact on school resources and staffing. I hope this information has been helpful. Please let me know if I can provide any further information. . Sincerely, C aJ- r:~.,,-- Clark Evans, Ph.D. Director of Technology and Media cc: Lloyd Law, Principal Minnewashta Elementary School March 5, 1996 :1"""" ~ fF:. i ~ Ii \\ f7 rc:: ~, llnl l!;; \~-'7:C;!! W 1:- f\\ III~~' iill"\f"' . ,1 'I.S"Cr- Ii 1,1 il =Yif~K \1 ,- ",.,0 !l!i lU U lay City Of Shorewood Attn: City Council 5755 Country Club Road Shorewood,~ 55331 Dear City Council: . I am a resident of Shorewood at 25725 Valleywood Lane. I was at the meeting of March 4, 1996 regarding the development of the Watten property. I listened to everyone who spoke and agreed with most things that were said. I feel that the majority .of the residents would like Shorewood to remain rural in appearance. I am concerned that any development of the Watten property would end up resembling Plymouth or Eagan in appearance. I have walked down Noble Road into the "Heritage" development and I did not like what I saw. The area was completely void of vegetation. It reminds me of an area that has been strip-mined. It is very upsetting to see these developers come into our city and create these blights on what was a wooded site. I do not see that the development of the Watten property would be treated any differently. If this property is developed, who in the city enforces the tree ordinance and who would be enforcing any encroachment on the many wetland areas on this property? . The over-crowding ofMinnewashta Elementary and Minnetonka Middle School West should also be key issues when granting building permits to developers. I have a child in the 6th grade at Minnetonka Middle School West who on occasion during the course of the present school year has not had a desk to sit in or a computer to use in the classroom because of over-crowding. Someone needs to be accountable to the schools, especially now that school districts do not get as much in state funds as they once did. Please consider the many problems that the over-development of Shorewood will create. Sincerely,. y . ~ .~t7~ Janis K. Pini 25725 Valleywood Lane Shorewood,~ 55331 . March 19, 1996 Subject: Rezoning of the Watten Property ,- 0) ;-::= j':, .. -- ;::: If 1'-.01 \' I! I~ ~\ li_ \'." :.'- I: IV ItS Iu'l ..' ..... .., :--'.! \;. l:1i , I'j " "', '. 1 11 ;..,." l09t.:. " , 1\,. <I 'v (;,; t> !~~ t/l To: Shorewood City Planning Commission From: Susan and Peter Davis . We were pleased with the decision of the planning commission to ask the developer to return with detailed alternatives for the Watten property, especially the request for reducing the number of homes proposed to 9 or 10. We feel this is a step in the right direction however it does not go far enough. The site is more appropriate for 7 homes, including the existing Watten home. This property is more like the Valleywood Circle area rather than the Noble Road strip. The nature of the topography and the protective limitations of the wetlands and the Watershed District leave most lots too small for the homes this builder plans. Perhaps a more creative developer could put 6 environmentally compatible homes on these spectacular lots and make it an example of sensitive and tasteful development? A $500,000 home on a 15-20,000 square foot lot is ridiculous, pretentious and not compatible with the land or the neighborhood-aesthetically or environmentally. In reference to the comments at the last council meeting concerning whether or not the residents understood the difference between zoning R1 C/PUD or leaving it RIA, we believe they do but since there has been no alternative development options to compare this to, hanging on to the RIA status seems to be the best course of action. The most desirable course in our opinion would be to allow the land to be parceled into 6 lots and sold individually for custom homes. Certainly this would not result in the financial windfall the Wattens are seeking but would result in more carefully thought out development. We know 2 couples that would be interested in such lots. Had we known the land was for sale we would have been interested a large portion of it ourselves. (These same two couples rejected the Noble Road development as being too crowded, too large homes on too small lots with no trees or other vegetation.) . We were very impressed by the manner in which the commission ran the often emotional public hearing on the 4th of March. This is a special piece ofland and it's hard to describe why we are all so protective of it. Perhaps it is because every buildable inch of Shore wood (and every other lakeside community) is being developed with these ridiculous projects of enormous homes. More citizens like ourselves must stand up and say stop, please consider less destructive options! Our community has always been thought of as providing a peaceful, wooded, country-like environment and we simply want to retain this atmosphere in our neighborhood. Ret:kJ' auf rPffi ~ Sue and Pete Davis 5495 Valleywood Circle . . 'Mr. ami Mrs. ~~ LounsDury 25990 'Bircfi 'Bluff !!(pad ~r, 'M?[553Jl-8313 FILE COpy 1\'i~'!"C""" 10 1906 J.'.c._ d .; , /. To The Sliors',ro,Jd V Plannin~ Commission: (' .; .j..-. v.J...,",' " This lettEr is to reiterate end E~phasize our objection to the proposed breaking of prEsE~t zoning regulations to accommodate the developer of 60 called "'Jetten Ponds." To do so would not only destroy a beautiful area that could be developEd rEsponsibly under Existing regulations, but would be most ur~air to thE citizens in the area if not thE EntirE city. PEople rEly on zoni~g. It is in plaCE to protect the City from undesirable and dEstructive development--Even more so for se~sitive plaCES such as the area in question. It would b6 of no bensfit--just hurt. :;16 rEspectfully request you dEny any rezoning and only all 0...; development to procEed in conformity with current zoning regulations. aespectfully, f- &I-u,f ~v~;!#.if~f Alfred E. ~_ouns9ury """'-,. ,_., -J" 11' <../ / ' /' /U~1 t:::::~. v~;~<<d2-?<'4'~ haryC.:.. Lounsbury j--"'" /Z ,d . ';....' './ # /J . # C .A.- I':., I ", /1' " s 4.(<., ,-", .( ". r 4t. { ... , FILE COpy V)/1t:; &A-~lv .... .~, ~ --_..-:-~~".. .--..----- March 20,1996 Shorewood City Council City of Shorewood 5755 Country Club Road Shorewood, Mn 55331 Dear Sir: . My husband and I did attend one of the public meetings in regards to the develop- ment of the '"Watten Pond" off Eureka Road. We feel that the area should not be rezoned. We have lived here for 5 years and love the area. As you can understand we do not want any more houses put in then the original plan and so we would much rather have 6 or 7 houses instead of 11 or 12. It takes away from the habitat and just adds more burden to the streets etee. We understand you need to hear from us to know what the residents feel about this. Thank-you for your time and consideration in regards to this matter. . . Sincer~y, {);.~ I Bont1ie Jones 25775 Valleywood Lane Excelsior, Mn 55331 ~--'...".,. May 7, 1996 . ~ il. '- Greg Larson 25535 Orchard Circle Shorewood,:MIl 55331 "/ ~~-::-::::-::::-- Mayor Robert Bean City of Shorewood 5755 Country Club Road Shorewood, Mn 55331 . Dear Mayor Bean: . On May 13 the Watten Ponds request for rezoning and PUD will come before the City Council. Before that evening I would like to ask that you take a long and close look at all the details of this plan including all public input and comments from the public hearing. A thoughtful re\iiew of the information will pursuade you that the Planning Commission was correct to saying NO to both PUD and rezoning. A thorough re\iiew of the project and then an open minded inquiry to the reasons for the strong citizen opposition will reveal the following: 1. The neighborhood is united in opposition to the rezoning and PUD of Watten Ponds. Between 80 and 90 residents who live near the project site have signed petitions in opposition. The primary reason for the unanimous concern is that this obscene project is completely out of character with the neighborhood. . 2. While the developer has self-servingly characterized neighborhood concern as interference and outside meddling with private property rights, the record will show that neighborhood opposition is with the rezoning and special favors granted through the PUD not with development of the site in general. 3. Every city official that has been involved with the rezoning request so far has been asked to quantify the benefits of such a decision to the neighborhood and city. Not a single benefit has been articulated. In theory, a PUD, if used properly as a two way planning tooL will give the city input into the planning phase of a development in exchange for zoning variances. The very essence of the PUD then, should be to provide concrete and quantifiable benefits. If there are no public benefits then the PUD should not be used. Without public benefit the PUD becomes nothing more than a method to sugarcoat otherwise unacceptable development projects. 4. fudications of a possible conflict of interest involving the landowner and his position on the planning commission when this parcel was recommended for rezoning has not been adequately addressed by the City. 5. A close look at the developers plan will indicate that only 6 or 7 lots are possible if left at the current RIA zoning. The small number of buildable lots result from the constricted nature of the property itself combined with city wetland and lot setback ordinances. Please remember that the only reason the PUD was requested in the first place was to make the project more profitable through a larger number of lots. 6. Half million dollar homes on small lots simply does not fit the character of the neighborhood or of Shorewood. The latest develOPment on Noble Road exemplifies the kind of high density, large home project that does not :fit with the wooded Wlcrowded feel that is traditional to Shorewood. Approval of this project will further the Eden Prairie- ization of Shorewood. 7. One of the arguments favoring a PUD for Watten Ponds describes the need for a transition zone between the RIA zone to the west and the RIC zone to the east The idea of transition zones is properly associated with buffering commercial and residential property not separating single-family zoning districts. This logic is only another excuse to justify an unacceptable decision. . I urge you to uphold the common-sense decision of the planning commission and vote an unqualified NO to both PUD and rezoning. ;/ . ..,/,.. ''>, -...... - "". May 7,1996 . .I Mayor Robert Bean .., I ---- " l ----- (:;, ---- ~ ~.'....... Councilmembers: Bruce Benson Jennifer McCarty Tad Shaw Kristi Stover Re: Watten Ponds Development . We are 24 year residents of this neighborhood and our entire backyard will be directly effected visually by whatever development takes place. We would like to personally go on the record as opposing any consideration toward POD development of the property in question. The property has a gracious effect on the quality of living in our neighborhood. Our children and many others have grown up playing in this wooded area. We continue to have an abundance of wildlife as a direct result of this natural area (deer, racoons, owls, pheasants, and ducks). . It's difficult to see this property develop. However, we realize this will happen. But, we fail to see the benefit to anyone, including future homeowners, of any development that allows the 40,000 sq. ft. lot requirements for this area to be subverted. The only gainers are the developers, and we don't believe that the residents of this city need to be in the business of lining the pockets of developers beyond that which is already established in local development ordinances, especially in this case where there is no adjacent commercial development that requires any sort of buffer to make a transition in property uses. If the 40,000 sq. ft. requirement allows 6-8 homes to be developed....so be it! We only ask that you treat our neighborhood as you would your own. We encourage you to reject plans that require subversion of current development requirements established by the city, and ask that you require this pristine piece of property be responsibly developed so that long -time residents and new residents alike can continue to live in one of the more pleasant Shorewood neighborhoods. Sincerely ~~~ D~allY~ 25655 Birch BluffRd Shorewood, Mn '~ n~ ~ /7'9, ., dd.''-1.UVH.1 r!~7 {~]'~t 5?5~ &~7 ~~d-. RcL ft~ ;J-;>.,J s-":)~? <- ~e~~.~. ,_ /'1 / lVL. i1j~ ~U~ Zd ~r/f/<44/~?VV ~ ~ b~Y~ ~~~ ~ ck ~ /VcJ <-It; ~ 'k( I/L~D ~ t1UJ~ Lu~r'~ ~ Wi!.. c:u--<- ~~ -4.u ~ a..d Vt{(), WL (IA-L ~ '/ir--"-<-'-.{ ~ .&.... ~~ ~ d ~ tUiZ:7'~ &vt/U-d- ~ t1 ;,~ ~ 'r tj()/~~O(; ~~ ~ ti~ t<.J-rJ-~ Cut 7 'It.nuc ~-c.Jl? I;). -/5. IUe! tUJ ~~ /??'~ ~ A;-.t:Z:~ ~,~ . 'J -tlv t3dj-- ~ -ik- ~ ~,d.u . ... J:t,,-,/i.t' . ,.~!tW-- ~ ~ ~~<-~ _:;~ , .~. , . WL -;(.U; r:e~ ~ -/~?- ~ ~L<4 t4J...kua- k- /~ ~ () . '.' ~ ,.".~ /13 ~.. i U ,('/ ~ \ ?5~?~ ~~~/)~ 4J~ftJ ~S-23~ . . DOUGLAS R. :SY~ILLER. Attorney at Law 25525 Orchard Circle Shorewood, Minnesota 55331 Phone 612/470-9667 --- --- -.. --- . -.~-- - .Real Property Law Specialist, Certified by the Minnesota Bar Association Mr. Tad Shaw City of Shorewood 5755 Country Club Road Shorewood. MN 55331 Dear Mr. Shaw: The Shorewood City Council is being presented with a proposal by Mr. Vem Watten and his developer to develop land on the West side of Eureka Road which is presently owned by Mr. Watten. Part of the proposal includes rezoning the land to higher density, citing the Comprehensive Plan as their basis for the request. The request for higher density is inappropriate and is vehemently opposed by nearly one-hundred percent of Mr. Watten's neighbors. That request for higher density should be denied. First. the portion of the Comprehensive Plan that encompasses the Watten Parcel is at best, tainted. That portion of the Plan was originally drafted when the fee owner, Mr. Watten, was actively involved in local politics. In fact, he may even have been instrumental in drafting that portion of the Plan that proposes a more profitable rezoning of his own land. At the very least, it appears that his Co-Council Member "friends" voted on the Plan while Mr. Watten was an active member of the Council. The appearance of undue influence is present - as evidenced by the comments from several residents at City Planning Committee meetings. And, the appearance of a conflict of interest, possibly as serious as self dealing, is present and raises a question as to the legitimacy of the portion of the Comprehensive Plan that singles out Mr. Watten's land to be zoned as a more profitable higher density area. As the Comprehensive Plan is a guide to future land uses, it should be ignored if there is any appearance of impropriety; The City Council's decision to rezone should be made entirely independent of the Comprehensive Plan. Second. the portion of the Plan that encompasses Mr. Watten's land was created at a time before many of the affected property owners even lived in the area. Although good faith efforts were made on the part of the City to notify all city residents of the most recent changes to the Comprehensive Plan, the residents in the Eureka Neighborhood Association never became informed of the impact that the Plan would have on them until the Eureka Neighborhood Association was formed. It is quite apparent that most of the affected residents are now informed since nearly all of them have signed the petition opposing the rezoning Mr. Watten's land. Mr. Watten.s land is currently zoned for one home per 40,000 square feet. The residents who have moved into the affected area have all relied on that density and do not want higher density. Mr. Watten plans to develop the land and then move out of the City of Shore wood. He is not. \vorthy of the favoritism that he requests and it will serve the residents of Shore wood no benefit. If you are considering granting Mr. Watten's request, then please first conduct an open hearing for all concerned Shorewood residents to voice their opinions to you. Sincerely, 16 Douglas R. Miller cc: Kristi Stover Jennifer McCarty Robert Bean, Mayor Bruce Benson Tad Shaw Greg Larson, Eureka Neighborhood Association . . ~TITION 1. We oppose any variances being given, via Planned Unit Development or otherwise) which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans) beyond nonna! resurfacing) for upgrading Eureka Road to M.S.A standards. 3. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development) or until an additional elementary school is approved. 6.. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ ~ Mdress ::h2ne # (])(D3 4 5 6 1. ~,:, l!o/)~;C,..l rlst330 G rru:W \3"-"4PI" lb, 7-I-.JB/5"" 11f9t ~ 4(!)!) 2.~~/dht/aZX775'&,:..v.hf.fL'-ff: -{1'1<7#7 ~$ GJ&3 4(j)@ 3:~~t.~iv;<5) >SJ. ~Lj>4)z.i;.8.}> vl3 4 @Co/4~ ~ ;: c.~~~, -I.J77.5 /Ju'.:: A!J.~ ~ 4c1W 5~~J/~ ;Pf77~t?~ N.1iJrd-- G@l) 4 ~ 6. &:u jJ..~ )577J- /.f."r~ ~/;// /?A d/7~-7Lj?7 (Y.'JD 4 @ 6 7(~~ ~ Z'5T7-s j~IY;h 8Lu--PF Rot 474-7407 Q)& (J ~ 6>@ 8. r V?: OOlGJ 46@ 9. (i;@GJ~~~ 10. Date 4- 7 '-I 7 tf7J) q 7l{-lCf7J J -y -'1 (, ~ -"3 -9(.. 'f7l( -f rt? 3 ~ -"!> ~ b 2 sr60 73/ y~ 6A 3/3/'1 t NOTES: _1J2IM PETITION 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. 3. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. . We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: Address ()(j6JOO@ 1. !YtfJ6J6J6JrJJ 2. ~(J>~ c} ~-s.' [}~ 4 (j) t9 ...3 , 3 r. 3 4 5 6 5. 1 2 3 4 5 6 6. 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 5 6 10. NOTES: ....... .,..,.,. (V o G 8 5. (/} . U31IIQN We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ ----------------- ~ .. .1- 2 3~ ~, 1 2 3 4 5 6-, 2.~ """: _ , . ~_. 0' 3 ~2j1 3. ~ JJl1 11 ( i-e,J:tl\. 1 2 3 4 5 6 4. 1. 3 4 5 6 5. Address ~~~ ~~R~. Phone # ~ L · L/-7'/ ' fbgD 3-3--,!C:: t../m ~5 ?~~ 7' '1 '9 /L .E- L/- 9& 5S9S it 1 2 3 4 5 6 6. 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 5 6 10. NOTES: _1I2OM 1. 2. 3. 4. 5. . 6. ~ETITION We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: if h l- /3 S- -:r-::r:^1 . 1 4 5 6 . :::::'a:l'I1es.C ~u j''+/" 71-. /11'ctrthq'/1 ti3Zo eurekCt. Rei. 4:f+-~Z( ~~Ap (j)(j(J) 4 5 @ 10. (y/h~ j)6'7!Y dS'lJ'c Ivt/,t t.<e ,('" (/ NOTES: ~ tJ tJ I,-/~ ;?~. 4'76., (3t:f~ ,/3/1 b I , 3k '7 7'f-IS s..? ;/z../ ;; , '/ R.... 1/2IIt, PETITION 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. 3. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Srnithtown Road and Birch Bluff Road before the year 2000. 5 . We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, . or until an additional elementary school is approved. 6. We want to become members of the Neighborhood Association being created to address the above issues. t.f. 7'1-0.51.( ~ r~<::S=-- L", L\1L\-~ 3-)...q~ ~ ~ JL ..,?tJ-i'/40 v \Lt~_3 6 6.-1}1/t 1 ~1')4/k? fJ ~~. 171~ ':<'Sb'-l:> lV..~o~ U 2 3 4 5 jj 7. J,IA (, 1'1:/I-t/L ;l..t;;S2 r;- tJ rch~ ( /r. '/711 ,-e;t" 7 0.3~"..4D) 8.--~ ~fA..~}'J~"" J,.5b-;{I~"l~t.. ~tv1 b i(J (iliQ3~a€J9. A/~ ,jfhut-gL4!cd dSl6~ f3t,k,/u &"'I6Rd Q.. 2 3 45]) 10. f;=,J oL R-vb. 2?:JLO OYLt4!ftrt f) c./ :rJ{~. Circle each statement that you agree with: ~ Address 1. ~1()tJ L()c>1::Jecs 2.J-y(\(\ \-1 A r' ~ ~ 3. ~~ld;\I\ Svo hod.",,- 25745 Wild ((05e. LN 2,Sl4:~ W~ t d ~Sse LJl\ CD:tm 4 GJ 6 G)G)(!)4(j)6 ~~6 ~6 4. 2. ss-so AJels;'tI~ Or- 5. NOTES: R...... I/JIIH Phone # ~ 2//1/10 2/17}1fo , 170-zooCJ l\-1(Y?ro4 J..j71-6~s- 2.le"/r;~ , l./7c./ - ;.ftZl 1. 2. 3. 4. 5. . 6. PETITION We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2009. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: 6)2@~)~(fj CCG'j GJ (4) & @ (Y [)~\4)~ ~ Address Phone # ~ - .-, . ~.-y--" /;/1,( A (i , ur::;'--:;S'7 C}\/ZV"'l{..tl'v~- (A~)'jL 2. 55j~ Orci-..,+r~ Ct l . If q -' '-/ 7y' - 9fS 3 \-\:\~ -tqL{ A @@<D~~6 ()"\@fj 4 G@ 0@€G@@] (!)@ 0@J(V 9. t~& '~ ~G)@ 10. NOTES: ~ R.-1I2Om 1. 2. 3. 4. 5. . 6. UTITION We oppose any variances being given. via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ A.ddress ""~ f---'" Q". 3,4 5 6..)1. .~: ';L >:L.:>v/c;.-. ,z j--7 S~0 5 (~~~~v-;,.L. j'.~.....' .-- . ....... --1 \ I . (1 2 3 4 5 6 2. \",\1 ;1.- :' "~i7 80 'SrfnI11..-1.,Tk CY 4 (963:::-r;( jJM.w d.-:ns j~ <;'!<l~1 r/flle ~3 4 G 4.GI!0.2. ~n n.., 5'"-~2S" ~il,VAJ\'I/AIJ- 1 - IQ 4 (iW 5./(;:i?J?y ,Al, LL U,N1 c1 /)l1 '1 oS (I ,v.V,/r.,-f'f1-t!'" / . Li>&~ 6. . (.......,;- .... e/l fG,- ;;J.S-C~ ~. St'o1{ SY!1(4).j :;2$ fA.f) SJiU~u~ie (1 2 3 4 -'56; 8.tMShrA 5~ lJ,7~5rv{b- 'EJ- <r:;~~)9. ,. \?~ 5!>2.~ Leg' Q..t~Q,.,-G 1~~-'3)'4)i~'rf)1O. deiLC. /J -'-./ ',- J _',__ ' \..,/' ''-'"'' NOTES: Phone # ~ i.f7 t.f -7 ("-r;." /' . 7 I --~:';;-r' -.J "_./ . 7 L,. - 7C 7 S 1./.7 v"- 697 l/ .., "-;",l... n, f"::> r~ IlL / $/ frph u. 4 7/'1- 2/3i)(p '-\ 1 'i -lq 2 c, R.- 1I2tI06 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. 3 . We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shore wood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, . or until an additional elementary school is approved. 6. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ Address Phone # {(.;>/L)t., { /1 i '. I .l{,.." 1 ~: y,dt"t-t...rtf-J{ j M,; -/- :om (J /' __ .2"! _J ft." v 'I', I; ~55~lUl~tu ~14-:ltm Lj'b4S9 a -/)-94 /J_ 1-1 t 2~~~.::1 N'e 1S',~e! 0" '-I/P -::)/~..:r 2..../ )-~ ~ $-~"''1(/ teI;7(/ ~t?'// f)/I.. If ~t.I-O 19; J..'5~oo /fJ!J~ d..SSOO ~ 01t,. ~S)40 ~~ ~ Y1L/- 3J7' tf70 fD 011 ~- II- '1" J ./1-9b NOTES: R...... l/2tIn ~ 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A standards. " 3. We oppose-any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, . or until an additional elementary school is approved. 6. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: 234561. Address 51 \ Vi'( Ilf{W,,'(,~O Phone # ~ ~ V7V-2'{7(} 2- 15 qc 2 3 4 5 '-17.;- 7 ,s-y ;2-lflr~ 345 -G~J 2- r'~ '-!7(} --'/3.0- G-/fj~i Sc.(So \J~ ~ ~ d.f7Q,-310c- z--/~-rb 'y Ll...... \..( 7 (.( -S g'Dy L - f) - ~ ( ~ 'I7V-I/rr! -;;J--/f-YL 12345 ~23 4 1 2 1':- y -,),,-3.7 / c71-cJ/ -96 t.f7i.7 f L G -zJ.~/y, c.J7c.{-9 2' 'd 2..~- .........4_.__....__..._ NOTES: ..... 1/21I9, 1. 2. 3. 4. 5. . 6. ~ We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shore wood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ Address :phone # ~ (l(;)O~ L ~MY Ot1;1f>~ 2..S.>OJ ,vI:{J/l/fr r-.Hc.{_(J"II<-f 2-J""j ~4 ~2._~9~ ~St./5~ ~ t.f7o~4tf~ 2.-3-~ l:V6 ~ 4 ~.c6) 3~W. Swo...jjd- ~,,'iS-S- N...I,,;,,~ Lf7o- O'l'l~ z!3b(. ~&(j)&> 4. 5u.~1\ Rettld.ll.[ ~9fs1> fJdt;tK~ ()y '110 -),1 'k :J.fJl'U.. (i)~()@0@ 5.fo1~) a.553~ OrJraMJ~ Lf7 '19.2 6 f J)-3-ft. ~ 6. ~,pf ~ .'>37.<; E-<~f(). 'i7t!-iI,38G .:z/,M6 (1) ~ ~ ~~ ~ 7. ~ ~ ci>S5aO ~~ti LiAdA ~1q-l~ c4~J9~ ~(j)@@ ~ 8. ~m~ &vb~ 53~5 tu,...~ Rd. 1..J10-14'-1Q 2..J'IICjftJ (i)~@'@G)@ 9.1u~ .~~ 5"331 E.U~/;J(A /<D Lf70 7iYi ;2//1/7(, G 3~ 4 5) 10. k v...J ~ L..S~).C; O,.,~ W ilr1bbr ~/JJlCcb NOTES: RnhM lI2eIH 1. 2. 3. 4. 5. . 6. .. ;,.. 1..._,1 \. i.../\ t I' /' r\_J ~. - I\_~ \. L. L Lc J. " 'I \ ( IV Lj 7 l( Lt' (:; (: '7 . -J. -;'~-C;'t; fETIIION We oppose any variances being given, via Planned Unit Development or otheIWise, which alter the current one acre minimum lot size on the west side of Eureka Road. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current iviinnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ;1v ~ Address (])2 3 4 5 6 l.iklkit -I ~ Ilk $a/.5~M .~(!) 3 tt-I ..,./ 1'1 -if 4 5 6 2. g if, q 2{j) 4 :I, /' }/ ,1' /1 /1 /,. 1 5 6 3. Ie 3 (95 6 ,( II ;t: /r I'(' /1 It 4. ,1 I It ./f /'J' .// /J' 1234(J)6 5. 1 2 3 4 5 6 6. 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 6 Phone # Date .rJ'JII""'t$~1 t:~1- '6 p -r~ il F( r/' 1/ ~/ t--r I'/' /~ /1" ;/ R.... I/2IIH PETITION 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. 3. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved. . 6. We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ Address ~ 1. 11,).c.. .,. Lty,' !lcrma"7 31..'IJ EL,)r-cu. Rei. Phone # om Z/zY/fG:, . '1r4.j-/] 5" 1- Ci6w@) 5 6 CD ~)d)(4)@ 6 2. )()hn fJa-dls(JrJ s ~ IF E{.,~ ~/,+,- }?cc<c...J <r 7'1 - 7' 2.. (.; J"-- J-I.1 ,-/-/1 z.B 2.../21/ if C, 3. ~L rAt r<,'L? _ <t:J.f/rt1.IJJ1.A 5~'l-D tLre/lil-/2cl.- ~ 3/ 'll1 f' 1'3 4 5 6 4. 123 4 5 6 5. 1 2 3 4 5 6 6. 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 5 6 10. NOTES: a.... \I2IIH ~ 1. We oppose any variances being given, via Planned Unit Development or otherwise, which alter the current one acre minimum lot size on the west side of Eureka 'Road. 2. We oppose any plans, beyond normal resurfacing, for upgrading Eureka Road to M.S.A. standards. 3. We oppose any real estate development accessible to Eureka Road which does not include a viable plan to preserve the current natural setting and which does not include a plan to preserve as much of the existing Maple and Basswood forest as possible. 4. We oppose any plans to construct a city water main on Eureka Road between Smithtown Road and Birch Bluff Road before the year 2000. 5. We oppose any plans to further develop the Western areas of the city of Shorewood until it can be shown that the current Minnewashta Elementary School can support additional students associated with that development, or until an additional elementary school is approved, . We want to become members of the Neighborhood Association being created to address the above issues. Circle each statement that you agree with: ~ ~46>€) 1. Sl(lfC, ~k(() ~@) 4 @)&) 2. 13, 'J ~ ~~ ~ (9' f>> 3. .5r~t- Ct~,' st..fI" l- I . 3 4 5 6 4. 1.3 4 5 6 5. 1 2 3 4 5 6 6. 1 2 3 4 5 6 7. 1 2 3 4 5 6 8. 1 2 3 4 5 6 9. 1 2 3 4 5 6 10. NOTES: ....... 1J2I'" Address Phone # ~ . Lj Mo,(5t ~ 4 tvla. qt: 'I-~"t, ,1' l.[=!O -0\ 4 Gl 1I1-oi4~ '17'1 - r; 75 j' ~ . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MONDAY, MARCH 4, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:01p.m. ROLL CALL Present: Chair Borkon; Commissioners Kolstad, Lizee, Pisuia. Rosenberger and Turgeon; Council Liaison McCarty, City Engineer Brown and Planning Director Nielsen. Commissioner Foust. Absent: APPROVAL OF MINUTES Turgeon moved, Pisula seconded to approve the February 20, 1996 Commission meeting minutes as amended on Page 2, Paragraph- 8, Line 1, replace "access" with "ingress"; on Page 2, Paragraph 9, Line 1 replace "access" with "ingress"; on Page 2, Paragraph 15, Line 3 replace "legislature" with "Congress"; on Page 3, Paragraph 8, Line 1 replace "proveyor of a barrage of logic" with. "purveyor 0 f garage logic". Motion passed 6/0. . 1. 7:00 PUBLIC HEARING - REZONING FROM R-IA TO R-IC AND CONDITIONAL USE PERMIT FOR W A TTEN PONDS P.U.D. AWliC!1Ilt: Location: Dahlstrom Abingdon L.L.P. 5340 and 5370 Eureka Road Chair Borkon announced the case an.d reviewed the procedure for a public hearing. Nielsen reported Mr. Charles Dillerud, representing the Dahlstrom Abingdon Limited Partnership, has submitted plans for the development of approximately 14.7 acres of land located on the west side of Eureka Road, north of Valleywood Lane. 4.9 acres of the parcel are City-designated wetlands. The applicant is proposing to subdivide the property into 12 single-family residential lots, one of which will contain the Watten residence. The site is characterized by dramatic changes in topography (30 feet between the highest point and the lowest point) and significant mature tree cover. Land use surrounding the property is primarily single-family residential. Two large undeveloped parcels are located to the west of the site and a large undeveloped tract consisting mostly of wetland is located to the east. With the exception of the non-conforming R-IA lot immediately to the north of the site, zoning surrounding the property is R-IC, Single-Family Residential to the north, east and south. The area to the west is zoned R-IA. Approximately 250 feet on the north end of the site is also subject to the Shoreland "S" District zoning requirements. Nielsen stated the developer is requesting the City rezone the parcel to R-IC and P.U.D. to allow flexibility within the zoning standard. Nielsen reported all zoning requests are subject to evaluation based on the Comprehensive Plan. In 1995, following two years of study, Shorewood adopted an update to its original Comprehensive Plan which was adopted in 1981. The Land Use map of 1981, which serves as a guide for how land in Shorewood should be developed, identified the subject property as being suitable for a density of 1 to 2 units per acre. The 1995 Comprehensive Plan Update reiterated this and also called for rezoning of the parcel from R-IA to R-IC and recommended a P.U.D. The rezoning portion of the developer's request will result in a density of 1.3 units per 40,000 square feet. This density conforms with the suggestion of the Comprehensive Plan. The rezoning must also be f PLANNING COMMISSION MINUTES March 4, 1996 - PAGE 2 compatible with present and future land use of the area, not depreciate the area in which it is proposed, not overburden the City's service capacity, and preserve the natural environment. The R -1 C zoning district requires a minimum lot size of 20,000 square feet in area, 100 feet wide with front yard setbacks of 35 feet. The applicant is proposing an average lot size of 31,025 square feet. The smallest lot will be 15,181 square feet and the largest 144,416 square feet. The proposal requests a reduced front yard setback of 30 feet. Only one lot, a flag lot, will have a width of less than 100 feet. The flag lot is a result of the developer shortening the length of the street. The street would need to be 200 to 300 feet longer to serve the lots with a regular width and would result in significant site alteration. The applicant proposes to access the development with a cul-de-sac street approximately 620 feet long. The cul-de-sac will be aligned with Orchard Circle and will extend to the Ruffenacn property. Nielsen reported there are four City-designated wetlands on this property. A wetland delineation has been submitted by the applicant's engineer. The Watershed District, as the governing agent, will not accept a delineation report unless it is performed between the months of May and October so any approval granted has to be done on a preliminary basis. The delineation will then be redone. There is also a small depression to the northwest of the wetland area which mayor may . not be a wetland. The developer's engineer is indicating it is not a wetland but this is subject to determination. The applicant's plat takes the City's new wetland setbacks into account. staff is suggesting that wherever feasible, the wetland setback be increased in exchange for the reduced front yard setback requested by the applicant. Nielsen reported the site is heavily wooded with large trees of many species. The applicant's plan will disturb the area with the construction of the homes and the installation of water and sewer. There will also be site alteration where the road is cut in. Staff is recommending that the Tree Preservation Plan which was submitted be revised to clearly show which trees will be removed and which trees will be saved. Nielsen noted the development will require installation of ponding which is consistent with the NURP ponding standards. This will require additional tree removal. The ponding will occur on the north end of the property. Nielsen reported the applicant proposes to extend sewer for this project southward to Valleywood Lane. The City Engineer is exploring the possibility of extending the sewer to Eureka Road, using the old driveway area which served the cottage on the southerly parcel. It has also been suggested that a trench box be used which could require as little as 12 feet. The City is proposing to extend . City water to Eureka Road in 1996. A neighborhood public hearing on this matter is scheduled for March 12, 1996. There is a possibility that Eureka Road will not be upgraded. Nielsen stated it appears that the majority of the stormwater runoff will be conducted to the street, picked up by storm sewer and directed to the retention pond at the rear of Lots 1-3, Block 2. The Shorewood Parks Plan does not include any land acquisition in the area in which the land is located. Therefore, the plat will be subject to park dedication fees of $1000 per lot, with credit given for the lot with the existing home on it. Nielsen reported most of the lots reflect the standard size of the R-IC district. Nielsen stated the smaller lots are buildable but staff is concerned with the size of the lot relative to the size of the home which will be built there.. An additional concern is that the lot coverage not exceed the maximum of 25%. Staff is suggesting the applicant demonstrate how the homes will be put on the lots within the requirements. Nielsen reported the alignment of the road is generally where it has to be. Staff is suggesting the developer and City Engineer explore measures of reducing tree loss on the south side of the road, such as grade requirements, retaining walls, shifting the alignment of the paved surface, shared driveways, etc.