051396 CC Reg AgP
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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)
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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;- ~,
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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)
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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~
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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
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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
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. 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
.. ....
.
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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
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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
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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
.
.
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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. ~
.
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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.
Sincerely yours,
Dahlstrom Abingdon, LLP
ern
Director of Land Development
.
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McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North. 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
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, McCombs Frank Rooa AaocIates. Inc.
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150S0 23rd Ave. N.
Plymouth. MN 55447
612/47&<<)10
Engineers
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TONY EIDEN CO.
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SOIL SURVEY MAP.
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'5050 23rd Ave. N.
Plymouth, MN 55447
6121476-6010
Engineets
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Surveyors
TONY EIDEN CO.
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15050 23rd Ave. N.
PI)mouIh. MN 55447
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MAYOR
Robert Bean
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236
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-
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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
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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.
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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
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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.
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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
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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
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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
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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
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February 23, 1996
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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 ~. ~~. ;,
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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.
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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
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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.
Which plan best conforms to the neighborhood and
protects the forest and wetlands?
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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
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.
.
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
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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
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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
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J.'.c._ d .; , /.
To The Sliors',ro,Jd
V
Plannin~ Commission:
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"
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 """'-,. ,_.,
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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
. ~
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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.
;/
.
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May 7,1996
. .I
Mayor Robert Bean
..,
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----
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----
~
~.'.......
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
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.
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 #
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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.
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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:
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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.~ """: _
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Address
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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 .
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\-\:\~ -tqL{ A
@@<D~~6
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(!)@ 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 .
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1~~-'3)'4)i~'rf)1O. deiLC. /J
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NOTES:
Phone #
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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,; -/-
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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
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t.f7i.7 f L G -zJ.~/y,
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.........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(.
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(i)~()@0@ 5.fo1~) a.553~ OrJraMJ~ Lf7 '19.2 6 f J)-3-ft.
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(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
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J-I.1 ,-/-/1 z.B
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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.