050509 pl mn (2)
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, 5 MAY 2009 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:03 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Arnst, Gagne, Hutchins, Ruoff (Arrived 7:04) and Vilett;
Planning Director Nielsen; and Council Liaison Zerby
Absent: None
APPROVAL OF MINUTES
21 April 2009
Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 21
April 2009 as presented. Motion passed 5/0.
Commissioner Ruoff arrived at 7:04 P.M.
1. 7:00 P.M. PUBLIC HEARING – COMPREHENSIVE PLAN UPDATE
Chair Geng opened the Public Hearing at 7:04 P.M., noting the procedures utilized in a Public Hearing.
He explained items recommended for approval that evening would be placed on an 11 May 2009 Regular
City Council meeting agenda for further review and consideration.
Director Nielsen stated because there was no one in the audience this evening he would just highlight the
substantive changes Council made to the Planning Commission’s version of the Comprehensive Plan (the
Comp Plan). He noted most of Council’s changes were insignificant. He explained the 2004/2005 Comp
Plan contained recommendations of things that should be done, and in this version those
recommendations where changed to indicate they would have to be maintained. The items that are done
serve as a basis for other implementation tools.
Nielsen then highlighted the substantive changes to each of the four chapters in the Comp Plan.
With regard to the Natural Resources Chapter, Nielsen stated Council did not make any substantive changes to
this Chapter. Council did ask that examples of non-native aquatic species be added. He then reviewed other
substantive changes the Planning Commission had previously discussed. The City’s Surface Water Management
Plan and Stormwater Pollution Protection Plan (SWPPP) recently adopted by the City are included by reference.
The Minnehaha Creek Watershed District (MCWD) now administers the Wetland Conservation Act for the entire
City. The Riley Purgatory Bluff Creek Watershed District (RPBCWD) has chosen not to administer the Wetland
Conservation Act for the portion of the City that resides in the RPBCWD.
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5 May 2009
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With regard to the Land Use Chapter, Nielsen stated Council did not make any substantive changes to this
Chapter. He commented that in the past this Chapter (with the possible exception of the Community Facilities
Services Chapter) has been the one people have been most interested in. People wanted to know how the City
would be developed. He stated the Proposed 2008/2009 Land Use Plan changed little from the 2004/2005 Land
Use Plan. The City has a little less undeveloped land now than it did in 2004/2005. There are 312.5 acres now and
back then there were 335.5 acres, noting the 312.5 acres amounts to approximately 9 percent of the land in the
City. The City has started to see redevelopment of land.
Council Liaison Zerby stated the first time he was on the Council it changed the classification of Lake Linden to a
wetland; therefore, the map Proposed Land Use Plan should be corrected to reflect that. Director Nielsen stated he
would do that.
Commissioner Arnst stated from her vantage point the Land Use Objective “Property values are to be protected.”
is too subjective. Director Nielsen stated the Comp Plan is supposed to ensure that land uses and their
relationships are compatible; for example, it prohibits commercial development in the middle of a residential area.
Council Liaison Zerby also thought it was nebulous. Nielsen stated it is the City’s intent to protect land values.
Zerby suggested the objective be expanded to include something such as “through the use of the City’s planning
ordinances”. Nielsen stated the Land Use Policies address that, noting the policy “Residential neighborhoods shall
be protected from penetration by through traffic.” should protect property values. Nielsen explained there are two
ways to buffer lower use areas from commercial areas; one is through the use of landscaping or buffering and the
other is through land use, noting the City has a little of both.
Director Nielsen explained the City is divided into 12 Planning Districts. He explained that once the Planning
Commission has completed its review and update of the Planning District Area Plans the Commission will have
neighborhood meetings to discuss 3 – 4 of the revised Area Plans at a time. Residents within the particular
Districts being discussed will be invited to attend. The 2004/2005 Comp Plan indicated the land use for the
Howard’s Point Marina property needed further study. That was removed from this version of the Comp Plan, and
it states the Marina property should be redeveloped to R-1A, Single Family Residential District standards if/when
it is redeveloped. Also, the Xcel Energy property on County Road 19 was removed as an area for further study; if
Xcel were to move from that location redevelopment of the site would be encouraged to be mixed use.
Nielsen stated the Metropolitan Council (Met Council) wants all cities to provide their fair share of
affordable housing. The City looked at that very seriously a number of years ago. When the Shorewood
Ponds and the Seasons were considered for development the residential units were intended to be
affordable. By the time the Shorewood Ponds’ units were constructed they had gone up in value and were
no longer classified as affordable. The City does not have much land left to achieve affordable housing
and it’s not zoned for what the Met Council is looking for. The Met Council was okay with the City’s
2004/2005 stance on affordable housing (i.e., it wasn’t achievable) but he was not sure how it would react
to it this time. The market does not support affordable housing. The City is a desirable place to live and it
has a minimal amount of land available. In response to a question from Chair Geng, Nielsen explained it’s
easier for the Met Council to force growing communities to develop affordable housing; it can do so by
limiting the approval of sewer systems (it controls were sewer goes). Nielsen then stated the City is a low-
density residential community and it would be difficult for there to be a development with enough density
to have affordable housing. In response to a question from Commissioner Vilett, Nielsen stated the City
has a four-story maximum height restriction. Nielsen stated that in the past the City has tried to explain to
the Met Council that the City is part of a larger community (the South Lake community) and the larger
community has a mix of housing.
With regard to the Transportation Chapter, Nielsen stated Council did not make any substantive changes
to this Chapter. He explained the Trail Concept Plan indicates possible trails, but the City is not proposing
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
5 May 2009
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building the trails. The City’s approach has been one of responding to neighborhood demands for rails.
Frequently in the past land owners next to possible trails have not been in support of them. He noted the
City did build a couple of trails. He explained the LRT Trail is the largest and most used trail in the City.
This Chapter indicates the City does not have much mass transit and it’s unlikely it every will. He noted
the City is still served by the Metro Transit system, and that there are two park-n-ride locations in the
City. In response to a comment from Commissioner Arnst, Nielsen stated the City has completed its 20-
Year Pavement Management Plan and it is incorporated in the Comp Plan by reference. He explained the
2004/2005 Chapter contained sections for the various street sizes; the description of those street sizes
remains but the diagrams have been removed in this version. The diagrams can be found in the manual for
roadway reconstruction so there was no need to include them in this.
Nielsen explained this Chapter now reiterates the City’s policy for reconstructing roadways. It identifies
the standards that must be adhered to when reconstructing roadways, noting roadways can no longer be
constructed with a width of less than 20 feet (which is the fire safety standard) and the preferred width is
24 feet. There has to be sufficient justification to reconstruct to less than 24 feet wide. Curb and gutter is
required unless there is absolutely no need for it for drainage purposes; alternatives to that would be
considered. Commissioner Arnst stated she recollected a decision had been made to use the term “edge
control” rather than “curb and gutter” because it was less controversial with residents. Nielsen explained
it’s still referred to as “curb and gutter” in the City’s Ordinance, noting that is what it is and it supports
the edge of the roadway. Nielsen stated he could add “edge control” in parentheses after “curb and
gutter”. He explained the Galpin Lake Road intersection map is still included because the intersection is
still an area of further study. The map shows the results of a 1987 and 1995 corridor studies. The
intersection of Vine Hill Road and Highway 7 is another area of further study.
Commissioner Arnst asked if the Park Commission was going to consider potential trails as part of its
update to the Park Master Plan. Director Nielsen stated he did not think so, but it may be beneficial for the
Commission to revisit trails as a separate task.
Commissioner Hutchins asked if there is a particular area of the City where roadways less than 20-feet
wide are located. Director Nielsen stated the few there are scattered throughout the City.
With regard to the Community Facilities Chapter, Nielsen stated most of the items in this Chapter are
relatively established. The City has a sewer system that extends to all developed properties with the
exception of one property on both Gayle and Spray Islands to which there is no sewer system access, and
then a third property on Marsh Point that does have access. About one-half of the properties in the City
are hooked up to City water. The City has a water policy and water is installed by neighborhood demand
or as part of roadway reconstruction project (if water is available the City strongly considers installing
water main as part of the project). The policy has been controversial. In response to a comment from
Commissioner Vilett, Nielsen stated the assessment is the major issue residents have with installing water
main; the issue used to be about controlling growth in the City years ago. The cost per property to install
water cannot exceed $10,000 unless a neighborhood requests it be installed independent of the price.
Commissioner Ruoff questioned what the “unknown” water-main size classification is. Director Nielsen
stated that is no longer needed and he will remove it from the water main map.
Director Nielsen explained the City’s Comprehensive Water Resource Management Plan is incorporated
in the Comp Plan by reference. The most significant change to this Chapter will be the updates to the Park
Master Plans and any park policy changes.
Council Liaison Zerby stated the City’s Skate Park needs to be added to the Parks and Open Space map.
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There was discussion about who owns a parcel of land off of Highway 7 near Old Market Road, noting
the City mows some of the property. Chair Geng asked who maintains the stone structures build on that
property. Director Nielsen stated the City mows around them.
In response to a comment from Commissioner Ruoff, Director Nielsen explained the prairie grass planted
last year near the base of the SE Area Water Tower will have to be replanted because it was damaged
during the renovation of the Tower.
Director Nielsen stated Council will consider the Comp Plan during its May 11, 2009, meeting. If Council
approves the Comp Plan it will be submitted to the Met Council for review by the end of May. The Comp
Plan has been distributed to the abutting communities, and the City has not received any feedback from
them.
Commissioner Hutchins stated the Star Tribune recently published an article about charging fees for
certain public safety services. He questioned if the Excelsior Fire District was considering doing that.
Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public
Testimony portion of the Public Hearing at 8:02 P.M.
Gagne moved, Hutchins seconded, recommending approval of the public hearing draft of the
Shorewood Comprehensive Plan. Motion passed 6/0.
Chair Geng closed the Public Hearing at 8:04 P.M.
2. 7:10 P.M. PUBLIC HEARING – ZONING CODE TEXT AMENDMENT REGARDING
PARKING REQUIREMENTS
Chair Geng opened the Public Hearing at 8:04 P.M.
Director Nielsen stated he had not prepared anything for this item. He noted that during the 21 April 2009
Planning Commission meeting the Commission discussed parking requirements, and it was suggested that
the definition for shopping center be expanded. He suggested this item be continued to the 19 May 2009
Planning Commission meeting.
Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public
Testimony portion of the Public Hearing at 8:06 P.M.
Gagne moved, Vilett seconded, continuing the public hearing for a Shorewood Zoning Code text
amendment regarding parking requirements to the 19 May 2009 Planning Commission meeting.
Motion passed 6/0.
Chair Geng closed the Public Hearing at 8:07 P.M.
3. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
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5 May 2009
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4. DRAFT NEXT MEETING AGENDA
Director Nielsen stated the continuation of the public hearing for a Shorewood Zoning Code text
amending regarding parking requirements is slated for the 19 May 2009 Planning Commission meeting.
The study session portion will be devoted to continued discussion of Planning District Area Plans.
5. REPORTS
• Liaison to Council
Chair Geng reported on matters considered and actions taken at the 27 April 2009 Regular City Council
meeting (as detailed in the minutes of that meeting), noting the City Council approved the administrative
enforcement of code regulations. In response to a question from Commissioner Vilett, Council Liaison
Zerby explained Council approved the fines recommended by the Planning Commission which were
$100, $200 and $300. Zerby noted that the Lake Minnetonka Communications Commission officially
withdrew its offer to purchase the Southshore Center from Shorewood and it decided to pursue the
purchase of the facility it currently leases.
• SLUC
No report was given.
Director Nielsen stated he and Commissioner Arnst are going to attend the Sensible Land Use Coalition
program titled “Chasing the American Dream: What does it Mean Today?” which is scheduled for 27
May 2009. Commissioners Geng and Vilett stated they would let Nielsen know the next day if they
planned on attending the session.
• Other
Commissioner Ruoff asked if there were any residential actions pending for the Planning Commission’s
consideration. Director Nielsen stated the City just received a request about a property on Lilac Lane.
Commissioner Gagne commented he recently observed three cars on the property located on the
northwest corner of Smithtown Road and County Road 19. He then commented that he had heard on the
national news that there were two banks in California that were having two partially completed
developments bulldozed after the developments went into foreclosure.
6. ADJOURNMENT
Gagne moved, Vilett seconded, Adjourning the Planning Commission Meeting of 5 May 2009 at
8:12 P.M. Motion passed 6/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder