07-22-13 CC Reg Mtg AgendaP
E. D. C. B. A.
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JULY 22, 2013 7:00 P.M.
AGENDA
Attachments
1. CONVENE CITY COUNCIL MEETING
A. Roll Call Mayor Zerby___
Hotvet ___
Siakel ___
Sundberg ___
Woodruff ___
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Work Session Meeting Minutes, July 8, 2013 Minutes
B. City Council Regular Meeting Minutes, July 8, 2013 Minutes
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal
from Consent Agenda
A. Approval of the Verified Claims List Claims List
B. Accepting a Donation from James Laing Finance Director’s
memo
4. MATTERS FROM THE FLOOR
(No Council action will be taken)
5. PUBLIC HEARING
6. REPORTS AND PRESENTATIONS
A. Report by Mark Sylvester on Lake Minnetonka Conservation District
(LMCD) activities
7. PARKS
A. Report on July 9, 2013 Park Commission meeting Minutes
CITY COUNCIL REGULAR MEETING AGENDA – July 22, 2013
Page 2 of 2
Attachments
8. PLANNING Minutes
A. Conditional Use Permit for Accessory Space over 1200 Sq. Ft. Planning Director’s
Applicant: Jeff and Jennifer Ische memo, Resolution
Location: 25365 Smithtown Road
9. ENGINEERING/PUBLIC WORKS
A. Accept Bids and Consider Award of Construction Contract for the 2013 Engineer’s memo,
Sealcoat Project, City Project 13-08 Resolution
B. Easement for Access, Construction and Maintenance, and Maintenance Engineer’s memo,
Declaration for Apple Road Drainage Improvements, City Project 11-15 Resolution
10. GENERAL/NEW BUSINESS
A. Rate Study Proposals Finance Director’s
memo
B. Diseased Tree Strategy Planning Director’s
memo
11. OLD BUSINESS
A. City Brand/Logo Use Policy Administrator’s
memo
B. Consider Proposal for Silver Lake/ Covington Road Landscape Plan Director of Public
Works’ memo
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Monthly Financial Report
2. Southshore Center Advisory Committee
3. Update on 5795 Country Club Road
4. Update on Trail Projects
5. Christmas Lake Boat House Clean-Up
B. Mayor and City Council
13. ADJOURN
#2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, JULY 8, 2013 6:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Zerby called the meeting to order at 6:30 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Hotvet, Siakel, Sundberg, and Woodruff; Administrator
Joynes; Finance Director DeJong; Planning Director Nielsen; and Director of Public
Works Brown
Absent: None
B. Review Agenda
Woodruff moved, Sundberg seconded, approving the agenda as presented. Motion passed 5/0.
2. 2014 BUDGET OVERVIEW
Administrator Joynes stated during this kickoff meeting for the 2014 budget process he will provide a
refresher of what was discussed during the Council and staff retreat held in March 2013, provide an
overview of the current financial situation, and talk about the budget process. He noted staff is not
prepared to make a recommendation on the 2014 General Fund Budget this evening. He stated he will
also share some of the things that will influence the 2014 budget that are different than for 2013.
Joynes displayed and explained slides he presented during the retreat. The slide showing the City’s cash
balance projection is based on the assumption that everything will continue as is. That means no tax
increases, funding the purchases identified in the Capital Improvement Program (CIP), and performing
routine functions. The City’s bond rating (the quasi reputation of the City) may start to decline around
2015. There have been 31 municipalities or counties in Minnesota whose bond ratings have been
downgraded during the last year. In Minnesota most municipalities and counties have generally had very
strong bond ratings; however, we are seeing that the effects of the recession have resulted in the default
on a couple of bond issues.
Regarding the General Fund reserves, Joynes explained the City’s General Fund Balance Policy stipulates
maintaining a reserve level of 55-60 percent of the upcoming year’s operating budget expenditures. That
will not be possible long-term without Council taking action to ensure the fund balance remains healthy.
That was discussed during the retreat.
Joynes explained there is discussion underway about increased requirements by regional and state
regulatory agencies for additional stormwater management, pollutant removal, maintenance of holding
ponds and record keeping. It’s unknown what the requirements will actually be. Some of the requirements
could be quite onerous. Those requirements will create a burden on the Stormwater Management Fund.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
July 8, 2013
Page 2 of 5
Therefore, the Fund needs to be bolstered. Staff is pursuing a stormwater rate study conducted in the next
several months as recommended at the retreat.
Regarding the Sewer Fund, Joynes explained the balance is relatively good in 2013. The projections show
expenditures remain relatively even over time and the Fund balance declining. Around 2016 – 2017
expenditures exceed the amount in the Fund. Conducting a sewer rate study is in order to assist in
determining what the sewer rate structure needs be to support operations.
Regarding the Recycling Fund, Joynes stated the trends are the same.
Joynes noted that staff has solicited quotes for rate studies for the enterprise funds that are projected to
enter deficit states from Northland Securities (the City’s bond consultant) and Ehlers. Springsted has
chosen not to submit a quote because it represents the City of Excelsior and the water and sewer issues
could potentially cause a conflict.
Joynes explained Council has approved construction this year of two trail segments identified in the Trail
Implementation Plan and one that was not. It will consider authorizing feasibility studies for two
segments during the meeting immediately following this work session. Those two segments are slated for
construction during 2014. The balance in the Trail Construction Fund will not be sufficient to sustain
executing the Plan. The last couple trail activities have been funded by transferring funds from the
Community Infrastructure Fund into the Trail Construction Fund. Part of the balance in the Infrastructure
Fund came from the sale of the City’s liquor operations.
Regarding the Southshore Community Center (SSCC), Joynes noted the City had to subsidize the
operations for an amount of approximately $47,000. That is estimated to be the case for next year.
Joynes explained the State of Minnesota has imposed a 3 percent levy limit on cities with populations of
more than 2,500. That will affect Shorewood. The City will be able to levy $142,899 over what the City
levied for 2013. He highlighted the budget increases for four agencies the City supports. The Lake
Minnetonka Conservation District increase is 4.6 percent and it amounts to a minor amount of money for
the City. The proposed budget increase for the South Lake Minnetonka Police Department is 3.4 percent
and that would amount to about a $30,000 for the City. The expected budget increase for the League of
Minnesota Cities is 3 percent. The current proposed budget increase for the Excelsior Fire District (EFD)
is 2.8 percent. Based on funding formula for the EFD the City’s contribution will be less in 2014 than it is
in 2013.
Joynes summarized actions taken since the March 2013 Council and staff retreat. They have or will affect
some fund balances.
Council directed the sale of the City-owned property located at 5795 Country Club Road. Within
the next 10 days or so the house will be put on the market. During the retreat it was estimated the
property would sell for about $250,000 and that continues to seem realistic.
Director Nielsen and the Park Commission have been discussing the Park CIP and reducing the
scope of the improvements to Badger Park and other parks. The reduction in funding for the Park
CIP can help offset some of the other capital needs.
The cost for the Smithtown Road (west) sidewalk is about $200,000 more than in the CIP. The
cost for the Excelsior Boulevard Trail is about $136,000 more than in the CIP.
During Council’s June 24, 2013, meeting, Council approved the purchase of a street sweeper for a
cost of approximately $178,000. That equipment was in constant need of repair. The CIP had the
replacement slated for 2020.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
July 8, 2013
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The Legislature has eliminated sales tax for local governments. That will have a positive impact
on the budget. Staff, along with police and fire personnel, is still trying to get clarity of what that
means.
The City will begin negotiations with Local 224, Council 5, of the American Federation of State,
County and Municipal Employees, AFL-CIO labor union (the union representing the City’s
Public Works employees) in the next week or two. It’s anticipated that there will be increases in
health insurance costs. Staff will be meeting with outside resources later in the week to try and
gain an understanding of what that might mean.
Council has made a few decisions that have resulted in unbudgeted expenditures. For example,
the purchase of speed awareness display signs. They do not add up to much money in entirety.
Joynes reviewed items Council asked staff to do during the retreat.
Put the City-owned property at 5795 Country Club Road on the market. Preparations for that are
well under way.
Assess what adjustments can be made to the CIP. Staff will review all scheduled purchases to
make sure the timeframe is realistic. The City does not need any more surprises like the street
sweeper.
During the retreat Staff told Council that to maintain a level of General Fund reserves that is
consistent with the General Fund Balance Policy of 55 percent 2 percent will need to be levied
each year for the next 8 years. Staff will be recommending that.
Conduct a rate study for the enterprise operations. The thought is to spread the rate increases over
a several years.
Identify options for using excess reserves in the Water Fund.
Joynes noted that staff will have department budgets available to Council before its next budget work
session on July 22. He stated that this evening staff would like Council to provide it with some sense of
how it would like to approach the budget process and what types of information it would like to receive.
Councilmember Sundberg asked what utility franchises the City has coming up for renewal.
Administrator Joynes stated utilities and franchises are two different things. Franchises would be for
electricity or gas. Director Brown stated the City does not have any coming up. Joynes stated they can be
negotiated at the time of agreement renewal. That would not be possible for 2014. It would be possible to
look at the stormwater, sewer, and recycling rates and the SSCC.
Director Brown explained the Xcel Energy franchise agreement came due about 1.5 – 2 years ago and we
were close to an agreement but there were some issues that did not get resolved.
Councilmember Woodruff stated the City does not have a franchise agreement with anyone at this time.
The agreement with Xcel was more of an administrative agreement; there were no dollars involved with
that. He then stated if the City decides to levy a franchise fee on a public utility that simply gets passed
along to the rate payers. From his vantage point, that becomes a tax. He noted he is not in favor of doing
that because it hides the fact that the City is taxing from the residents. He stated Xcel is collecting one fee
at this time and that is for the undergrounding of power lines during the County Road 19 project. That
will continue for a number of years to come.
Administrator Joynes explained the City does have the ability to levy a franchise fee on utilities. The
practice has been to identify that as a city franchise fee on a utility bill. There are 20 – 30 cities in
Minnesota that do that. He noted the franchise fee is strictly a pass through fee.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
July 8, 2013
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Councilmember Sundberg stated she thought it prudent to look at all revenue options. Franchise fees are
very common. She clarified that she does not want to hide anything. She stated utility companies are very
willing to work with communities. They do value the good will of communities.
Administrator Joynes stated staff will bring that back as an option. He then stated he thought there are
limits on what the amount can be.
Councilmember Woodruff stated if a 2 percent increase is built into the 2014 budget he wants staff to
identify what that will be used for. He suggested staff identify items in the budget that Council could
consider eliminating or reducing. He also suggested staff identify things that are not funded but important.
That would help with understanding how to spend the extra approximate $40,000 (the 1 percent additional
the City is allowed to levy above the 2 percent).
Councilmember Siakel stated she is pleased to hear staff is going to conduct rate studies. The City should
be charging appropriately for sewer and stormwater management. She stated the big questions she has
regarding the 2014 budget have to do with the Park CIP and Public Works equipment replacement. She
wants to know what really needs to be done at Badger Park in 2014; she wants a clear picture of the
Park’s future. She commented that she continues to believe there is an opportunity to tie that into the
SSCC. She asked if there are major pieces of equipment that are scheduled for replacement in the
Equipment Replacement CIP out past their useful life. Having that information would be helpful to her
before she can make a decision about what to levy for 2014.
Siakel then stated there is an agreed upon Trail Implementation Plan. She thought the two segments that
were approved for construction this year are appropriate. She also thought the two being consider for
2014 should be followed through on. She suggested revisiting the Plan to make sure the Plan is
financially feasible going forward. She then stated she believes public safety, police and fire, is very
important. She recommended making the budgets for them a priority. She wants to know what they need
not just what they can get by with.
Councilmember Hotvet noted she agrees with lots of Councilmember Siakel’s points. She stated she
would like staff to share with Council what it thinks is important in order to maintain Shorewood the way
it is. She suggested staff look at things creatively.
Councilmember Woodruff explained the 2014 budget schedule indicates Council is not going to talk
about CIP for the first time until October, noting that timeline is similar to previous years. By that time
the General Fund budget will be done. In the past Council has targeted a transfer amount out of the
General Fund to, for example, the Equipment Replacement Fund during discussions about the General
Fund Budget without knowing what the CIP needs are. He stated it would be extremely helpful if staff
could bring the General Fund and CIP discussions closer together.
Mayor Zerby stated the budget timeline indicates the completed department budget worksheets were to be
to Finance by July 3. He asked if that has happened. Director DeJong stated he has some of them back
and those department budgets prepared. DeJong noted he will be prepared by the July 22 work session.
Zerby noted that after seeing Administrator Joynes’s slides he is somewhat concerned. He asked if staff
has been told to consider reductions to their department budgets. DeJong explained staff has gone through
a presentation on the work session items and they understand the situation.
Zerby stated the CIP discussion needs to be moved up from October. It will make it challenging to certify
the maximum levy by September 15 without having some sense of the entire budget (CIP and operating).
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
July 8, 2013
Page 5 of 5
He then stated rate studies have been discussed since March. The results of the studies are needed as soon
as possible. He asked what is the anticipated timing of them.
Administrator Joynes clarified this is not a one year fix. It will be discussed for the next couple of years.
He then clarified he did not intend to create the impression that things are as dire as the slides may have
portrayed. He stated if the Park CIP is downsized, if the City-owned property sells at a reasonable price
and if there is some refreshment of the General Fund reserve that accomplishment would be good for this
year. If the rate studies have to wait for a bit that is not a serious problem; a rate increase can go into
effect anytime during the year. He noted the fix is a progressive process. Although the information
presented on the slides may seem daunting, there is a solution. It will take Council making decisions. The
key is to not affect the taxpayers with huge spikes and huge surprises. He noted the intent is to provide
Council with a plan that provides for quality services to the residents of Shorewood that they fully expect.
Councilmember Sundberg stated for the long-term she recommended the City pursue more sharing of
public works services with other South Lake communities. She then stated the City needs to be looking
for cost savings as much as revenue sources. Mayor Zerby concurred.
Administrator Joynes noted this is a work in progress.
3. ADJOURN
Woodruff moved, Siakel seconded, Adjourning the City Council Work Session of July 8, 2013, at
7:02 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
#2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JULY 8, 2013 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:06 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Hotvet, Siakel, Sundberg, and Woodruff; Attorney
Keane; City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen;
Director of Public Works Brown; and City Engineer Hornby
Absent: None.
B. Review Agenda
Sundberg moved, Siakel seconded, approving the agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, June 24, 2013
Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of June 24,
2013, as presented. Motion passed 5/0.
B. City Council Regular Meeting Minutes, June 24, 2013
Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of June
24, 2013, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Sundberg moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolution Therein.
A. Approval of the Verified Claims List
B. Municipal Separate Storm Sewer System (MS4) Process Calendar
C. Adopting RESOLUTION NO. 13-040, “A Resolution Approving a Temporary 3.2
Percent ‘On-Sale’ Malt Liquor License issued to the Excelsior Firefighters Relief
Association.”
D. Authorize Expenditure of Funds for a Defibrillator for Public Works
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 2 of 11
E. Accept Proposal for Professional Services for Annual Bridge Inspection
Councilmember Woodruff asked if the defibrillator requires ongoing maintenance. Director Brown
responded the biggest item is the batteries need to be changed every five to seven years.
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
None.
6. REPORTS AND PRESENTATIONS
A. Lake Minnetonka Communications Commission, Report by Representative Joe
Huber
Mayor Zerby stated Joseph Huber, the City’s representative to the Lake Minnetonka Communications
Commission (LMCC), is present this evening to give a report on LMCC activities.
Mr. Huber stated he is here to provide Council with his perspective on a resolution forwarded from the
Mayor of Greenwood to the other LMCC member cities for them to consider. He noted that his opinion of
the resolution is not very high.
Mr. Huber explained the resolution stipulates that 75 percent of the franchise fees paid by Mediacom
cable television subscribers, collected by Mediacom and currently given to the LMCC would be given to
member cities. Taking that much funding away from the LMCC would butcher and dismember resident
and community programming.
The resolution also stipulates that the LMCC Executive Committee would be disbanded. To him that
makes little sense. The LMCC joint powers agreement (JPA) clearly stipulates that the Committee is at
the service of the full Commission. He noted that during his short tenure as representative he has not
heard any request to change any motion passed by the Committee. When he appeared before the Orono
City Council as a commissioner it was conveyed that there was some surprise about action the Committee
had taken, but there was no follow up to that. Part of the reason the Committee exists is to meet and deal
with issues as they come up. For example, would authorization to repair a leaky roof have to wait for a
full Commission quarterly meeting? Or, if the budget cuts proposed in the resolution come to fruition of if
there is LMCC staff turnover does any action on that have to wait until a quarterly meeting? What
happens when a quorum of the full Commission can’t be reached (it has happened in the past)? Currently
the Committee can meet as a stopgap measure.
Mr. Huber stated one option for Council is no action. Another is for the City to draft and adopt its own
resolution expressing support for LMCC programming operations. He then stated he thought it possible to
clarify what the process is for a member city to withdraw from the LMCC. That could be done by having
the full Commission pass a motion, for example, where the LMCC would have to be notified of a city’s
request to withdraw at least two years in advance (e.g., a city would have to submit a request by October
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 3 of 11
15 of any year for a withdrawal date of December 31 two plus years from then). That would meet the
condition of sufficient cause.
Mr. Huber explained there are three provisions that would require appointing a non-city resident as a
LMCC commissioner. That would require an amendment to the JPA and 100 percent approval.
Councilmember Woodruff thanked Mr. Huber for hanging in there while the disjointed conversation
about the LMCC and its makeup continues on. He explained that the July 6, 2013, edition of The Laker
newspaper contained an article written by a reporter for the newspaper about the City of Minnetrista City
Council approving a resolution regarding the LMCC. It also contained an article written by the Roger
Hackbarth who is the chair of the LMCC and the mayor of Maple Plain which points out a number of
issues with the resolution Minnetrista approved. He thought Greenwood also approved the resolution. He
noted he shares a lot of Mr. Hackbarth’s concerns. He also shares the concerns expressed by Mr. Huber in
his email to Mayor Zerby. He stated there are some things that need to be cleaned up in the JPA. Things
operate a little different then when the joint powers organization was formed.
Woodruff stated the meeting packet contains a copy of the resolution the City of Deephaven passed. He
noted he watched the video of the Deephaven City Council meeting when this item was discussed. He
stated with one exception he thought the direction Deephaven took is reasonable. He noted that a while
ago the Shorewood Council adopted a resolution stating it would stay in the LMCC. He does not see any
reason to change that. He stated Shorewood is getting value for what the Mediacom cable subscribers pay.
He then stated he does not agree with Deephaven’s recommendation to disband the LMCC Executive
Committee. He characterized the Committee as the body that does the work. He explained the full
Commission meets four times a year to talk about strategic issues the Committee brings forward for
consideration. He stated he thought the full Commission as an operating organization is dysfunctional.
There could technically be 34 members. Many do not show up for meetings and many do not show up for
consecutive meetings. The Committee authorizes the disbursement of funds. That cannot be done once
every three months.
He went on to state if Council were to adopt a resolution he thought including items 1, 2, 3 and 5 from the
Deephaven resolution would make sense.
Mayor Zerby noted that he and Mr. Huber talk about this frequently and he thought they were in sync on
their view points. He stated that taking franchise fees and putting them into a member city’s general fund
or earmarking their use for something in the city is unfair to the Mediacom cable television subscribers
who pay the fees. That would create a shadow tax on them. He then stated the Executive Committee is a
necessity for the LMCC. It would not work to run the LMCC organization if there were only quarterly
meetings of the full Commission. There needs to be a smaller group to discuss issues and then bring them
forward. He noted a committee has been established to review the JPA and Mr. Huber is a member of it.
He stated he believes that committee is making progress. He then stated he does not think this Council
needs to give any direction in the form of a resolution at this time unless Mr. Huber thinks it would be
helpful.
Mr. Huber stated late last week he discovered that having multiple franchise fees for different cities in a
single document like the JPA would be highly irregular. That means all the LMCC member cities would
have to operate the same way. He noted that if the LMCC returns some portion of the franchise fees back
to the member cities there is no way to get them back to the residents. He noted based on the original
resolutions adopted there were only four or five cities who wanted money back (Medina, Minnetrista,
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 4 of 11
Orono and Victoria). He explained that if 75 percent of the franchise fees would be given back to the
member cities that would reduce the revenue budget by $250,000.
Mayor Zerby stated he is for pubic process and that is what this is.
There was Council consensus to do nothing.
B. Presentation by Lynn Johnson on Tour de Tonka August 3, 2013, Event
Mayor Zerby introduced Lynn Johnson who was present to give a presentation on the August 3, 2013,
Tour de Tonka event.
Ms. Johnson stated she currently serves on the Advisory council for Minnetonka Community Education
(MCE). This evening she is here to represent the 2013 Tour de Tonka. She then stated about seven years
ago a small group of people were brainstorming about coming up with an activity that would bring the
communities together as well as fit the mission statement for MCE which is a commitment to serve the
life-long educational, social and recreational needs of the community. The Tour de Tonka bike ride was
born.
Ms. Johnson highlighted the 2012 Tour de Tonka event; a multi-distance bicycle ride through the Lake
Minnetonka communities. In 2006 there were 861 riders. There were 2738 in 2012. That is a 314 percent
increase. The riders have been between 5 and 83 years of age. The types of bikes ridden are very diverse.
In 2012, 24 states, 53 Minnesota counties (53 of 87), 212 communities and 4 countries (the United States,
Canada, Germany and Denmark) were represented. There were 80 legacy riders in 2012; they are riders
who have ridden since 2006. The Lake Minnetonka communities were also well represented. There were
332 riders from the City of Minnetonka (the most from any community) and there were 106 from the City
of Shorewood.
Ms. Johnson stated a few months ago MCE completed a survey in the Minnetonka School District. It was
to determine the ties between quality of life and an active, healthy community education program. MCE is
one the few community education programs in the State of Minnesota to receive an excellent rating. It is
that type of information that MCE uses to rate the quality of its program. In the top 40 communities
represented Minnetonka was at the top and the City of Hutchinson was at 40.
Ms. Johnson explained that in 2012 there were 16-mile (281 riders), 26-mile (525 riders), 43-mile (958
riders), 77-mile (379 riders) and 100-mile (595 riders) routes. There were alterations made to the routes
for 2013 based on rider feedback. There is a committee that works on the routes all year long. She
thanked the communities for their collaboration in making the routes work.
Mr. Johnson stated fitness and camaraderie are fabulous attributes of the ride. The outreach component is
equally important. Tour de Tonka has partnered with the local food shelf ICA. Over the seven years Tour
de Tonka has raised more than $25,000 for the ICA. In 2012 it collected $3,762.
Ms. Johnson noted there is a miles of smiles ride for ages 3 – 8 that is 2 miles, 4 miles or 7 miles long. In
2012 there were 92 participants. This ride will be held on Monday July 29. There are children who had
ridden the miles of smiles who are now riding in the Tour de Tonka 16-mile route.
Ms. Johnson stated an event the size and scope of Tour de Tonka could not be put on without the
partnerships of the communities, public safety groups and the volunteers. She explained the accumulation
of all of the routes is 313 miles. There are route captains, course markers, course marshals, corner guards,
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 5 of 11
and rest stop organizers. There are sag wagon drivers should someone’s bike break down or should they
want to quit riding. Walser Automotive Group has vehicles throughout the course. They will take people
to the nearest aid station or the finish line. There are cheerleaders and bands along the routes. In 2012
there were 487 volunteers and 330 different volunteer positions on the course.
Ms. Johnson then stated safety is paramount with that many riders over that many miles. The police and
fire departments in the communities have been wonderful to work. There were 20 agencies involved in
2012. Aid stations / rest stops are also important. There will be 10 throughout the 2013 course. Each rest
stop is sponsored by a local business or local community group or an organization. Local bike shops will
have a mechanic at each of the aid stations. There will be music at each of the aid stations and at the start /
finish line.
Ms. Johnson noted that for 2012 there will be 16-mile, 26-mile, 43-mile, 51-mile, 77-mile and 100-mile
routes. All of the rides will travel through 22 different communities. They will all start and end at
Minnetonka High School. There are staggered start times with the first, the 100-mile ride, beginning at
7:30 A.M.
Ms. Johnson then noted that the 2012 sponsors are Cub Foods Minnetonka, Tonka Bay Marina, Speedpro
Imaging, Maple Grove Cycling, Invicta and Boyer Building Corporation. Riders and volunteers all get a
Tour de Tonka shirt. The website is www.tourdetonka.org and the phone number is 952.401.6800.
Ms. Johnson noted the Tour de Tonka is always looking for volunteers. She thanked volunteers for
helping out with this event in the past.
Mayor Zerby thanked Ms. Johnson. He noted that she has been responsible for moving the community in
many ways. For example, she organized the Fourth of July Fire Cracker Race for 30 years. And for a
number of years she has been involved in Tour de Tonka.
Director Brown stated there needs to be good coordination between Tour de Tonka coordinators and the
cities about sealcoating projects. He noted the City is going to have the east portion of Smithtown Road
sealcoated this year and that is a popular link in the ride. He then noted there is no way the City can delay
its sealcoat projects. The City does try and sweep up any excess sealcoat rock with its Public Works
personnel prior to the ride.
Ms. Johnson thanked all of the communities for their cooperativeness. She stated there have been times
when Tour de Tonka organizers have asked communities to push their projects out a week. Yet, she
understands that because of this year’s weather that would be difficult. She then stated the communities
have been very good about alerting organizers early so that if there is a need and a way to adjust the
routes there is time to do so.
7. PARKS
Mayor Zerby noted there had not been a Park Commission meeting since the last Council meeting. Its
next meeting is scheduled for tomorrow.
8. PLANNING
A. Report on the July 2, 2013, Planning Commission Meeting
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 6 of 11
Planning Commissioner Maddy reported on matters considered and actions taken at the July 2, 2013,
Planning Commission meeting (as detailed in the minutes of that meeting).
B. Accepting Proposals and Authorizing Preparation of Feasibility Studies for Galpin
Lake Road and Mill Street Trail Segments
Director Nielsen explained the next two trail segments in the Trail Implementation Plan are along Galpin
Lake Road (from the trail terminus in the City of Chanhassen up to Highway 7 and over to County Road
19) and Mill Street (from the terminus in Chanhassen up to City of Excelsior border). They are scheduled
to be constructed in 2014.
Shorewood and Excelsior have jointly been authorized to receive a grant from Hennepin County that
would pay for a portion of the feasibility study for that entire segment (including the potion in Excelsior).
The County has agreed to pay up to $20,000 of the feasibility cost. The Excelsior City Council discussed
the feasibility study during its most recent meeting and it continued the discussion to its next meeting. A
representative with Hennepin County is checking to see if Shorewood would be able to receive its share
of the grant should Excelsior decide not to move forward with the feasibility study.
The cost for feasibility study for the Galpin Lake Road trail segment is $11,616. For the Mill Street
segment the total cost is $28,790 with Shorewood’s portion being $11,316. The cost for these two
feasibility studies are more than it was for the Smithtown Road (west) trail segment because there are
additional meetings included and increased preliminary design detail.
Nielsen noted that staff recommends approval of moving forward with the two feasibility studies.
In response to a question from Councilmember Hotvet, Director Nielsen stated it was Excelsior Planner
Braaten who told him the Excelsior City Council wanted more information about costs.
Director Nielsen noted that Shorewood’s share of the entire Mill Street trail segment is approximately 40
percent. He encouraged members of the Council to talk will elected officials or staff members in
Excelsior and encourage them to move forward with the feasibility study.
Councilmember Siakel stated she supports moving forward with the feasibility study for the Galpin Lake
Road trail segment. She asked if makes sense for Shorewood to move forward with a feasibility study for
its portion of the Mill Street trail segment if Excelsior does not move forward with its study. Director
Nielsen noted that per the City’s Trail Implementation Plan the City was going consider doing the Mill
Street segment. It had nothing to do with Excelsior doing its piece. When Excelsior learned that
Shorewood was thinking about the Mill Street segment it approached Shorewood about jointly applying
for a grant.
Director Nielsen explained the Shorewood portion of the Mill Street segment would basically be an
extension of the Chanhassen trail system. It would extend from the trail coming up from the south to the
City’s border with Excelsior. He stated Hennepin County is looking at alternatives to get the piece in
Excelsior done also. He stated the Mill Street segment is noted in the Hennepin County Bicycle System
Gap Map. It is a map of trails throughout the County that shows segments it would like to close gaps on.
He stated there is hope that the County would help fund part of the construction of the segment.
Councilmember Siakel reiterated she is comfortable moving forward with the Galpin Lake Road segment,
and that she still questions moving forward with the Mill Street segment if Excelsior does not want to
move forward.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 7 of 11
In response to a question from Councilmember Sundberg, Director Nielsen explained that after the City
finished developing a Trail Implementation Plan it routed it to the surrounding cities. That is when
Excelsior found out Shorewood was targeting the Mill Street segment. Excelsior then approached
Shorewood about jointly applying for the grant.
Councilmember Hotvet encouraged those viewing a recording of this meeting who live along the Mill
Street trail segment area to reach out to the Excelsior City Council and ask it to move forward with the
Excelsior feasibility study.
Councilmember Siakel stated if Excelsior does not move forward with its feasibility study she would like
to consider putting a condition on the approval that the City would have to get financial assistance from
Hennepin County. She then stated from her perspective it does not make sense to do only a portion of the
trail segment. It would be less expensive to do the entire segment at one time. She clarified she supports
that trail segment and that it should have been done a long time ago. She stated she would like to know
what Excelsior’s intentions are before moving forward.
Director Nielsen stated he agreed that the right thing to do would be the entire Mill Street segment.
Hennepin County is saying that as well. He reiterated that the Trail Implementation Plan indicates the
City was going to consider its segment independent of what Excelsior does. Shorewood’s portion of that
trail segment would connect Shorewood residents with the Chanhassen trail system; a significant trail
system.
Councilmember Siakel reiterated she believes the Mill Street segment is needed. But, she prefers the
entire segment get done at the same time.
Sundberg moved, Hotvet seconded, authorizing the feasibility studies for the segments of trail along
Galpin Lake Road and Mill Street.
Councilmember Sundberg expressed hope that Excelsior will authorize a feasibility study for its portion
of the Mill Street trail segment. She stated knowing it would dead-end at the Excelsior border maybe an
incentive to move forward with it.
Motion passed 5/0.
9. ENGINEERING/PUBLIC WORKS
10. GENERAL/NEW BUSINESS
A. Approve Transfer of Funds
Director DeJong explained the 2012 Comprehensive Annual Financial Report highlighted two funds that
were in a deficit state. The Southshore Center Fund had a deficit of $40,749. The Trail Construction Fund
had a deficit of $34,576. Although the deficits were not a surprise, the City’s auditor Abdo, Eick and
Meyers recommended they be resolved permanently. The deficits were temporarily covered with
interfund loans. The permanent solution according to Governmental Accounting Standards is fund equity
transfers. Staff is recommending transferring $40,749 into the Southshore Center Fund from the General
Fund and $34,576 into the Trail Construction Fund from the Community Infrastructure Fund.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 8 of 11
Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 13-041, “A Resolution Approving
Transfer of Funds” in the amounts of $34,576 into the Trail Construction Fund from the
Community Infrastructure Fund and $40,749 into the Southshore Center Fund from the General
Fund. Motion passed 5/0.
B. City Brand Use Policy
Administrator Joynes explained the City periodically receives requests to use the City logo or the City
name in sponsorships or for uses that sometimes put staff in a difficult situation. It has been an unwritten
past policy to turn all requestors down. That does not always make sense especially when considering all
of the special events in the South Lake community. Staff is asking Council to direct staff to draft a brand
use policy. Brand use policies can be fairly complex. His tendency is to try and make them as simple as
possible and to give Council the authority on a case by case basis to decide whether or not to authorize the
use. He noted he has learned from the Attorney Keane that the City has not registered its logo with the
State of Minnesota. He stated that can be done for a reasonable price. Doing that would protect the City as
a brand name. Staff is also asking Council to direct staff to do that.
Councilmember Sundberg stated she thought doing those two things makes sense. She then stated she
thought it prudent to ensure the use of the City logo does not get abused.
Councilmember Hotvet stated if someone applies to use the City logo she asked who would responsible
for policing the use.
Administrator Joynes explained that once the logo is registered no one is able to use it without
authorization from the City. He stated he thought the policy should be the requestor would have to come
before Council to make a formal request. He noted he thought it is problematic to have staff make
decisions about this. He stated he thought it appropriate for Council to decide if it would be in the best
interest of the City and promote the community. A lot of the uses likely would promote the city. But,
there are instances when the logo could be used for commercial purposes.
Councilmember Hotvet asked who would follow up if Council grants permission.
Administrator Joynes stated the City would have camera ready logos that City Staff would provide for
use. He then stated for an Excelsior-Lake Minnetonka Chamber of Commerce event such as the Fourth of
July event, the Chamber could use the City logo. He noted the City’s trail system logo will also get
registered.
Councilmember Woodruff stated after reading the two sample brand name policies included in the
meeting packet he suggests having a more streamlined policy than the two samples. He then cautioned
against the City allowing the use of its logo for commercial purposes, but he will wait to see what staff
recommends.
Siakel moved, Sundberg seconded, directing staff to draft a brand use policy for the use of the City
logo for Council’s consideration and directing the City Attorney to register the City and Trail logos
with the State of Minnesota. Motion passed 5/0.
11. OLD BUSINESS
12. STAFF AND COUNCIL REPORTS
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 9 of 11
A. Administrator and Staff
1. League of Minnesota Cities Liability Insurance Experience Update
Administrator Joynes explained the City’s experience rate for liability claims is well below the 1.0
standard set for State-wide comparison. The City’s modification ratio is 0.93 and it is expected that it will
go down because the modification ratio is a calculation based on the four most recent years. The year
2009 will be dropping off, and the experience rate was higher than normal in 2009. Because of the low
modification ratio the City receives discounts on its insurance from the League of Minnesota Cities
Insurance Trust (LMCIT). The LMCIT did not recommend the City make any changes in its procedures
nor did it recommend any training. He noted that is a testament to Public Works personnel because they
encounter most of the accident causing situations. He stated the LMCIT did recommend the City establish
an internal safety committee. The committee will review mishaps that occur.
2. Southshore Center Advisory Committee Update
Administrator Joynes explained Council invited the five co-owners of the Southshore Community Center
(SSCC) to select a representative for the Southshore Center Advisory Committee. The representatives are
Shorewood Councilmember Sundberg, Deephaven Mayor Skrede, Excelsior Councilmember Fulkerson,
Greenwood Mayor Kind, and Tonka Bay Councilmember Ansari. It also invited the SouthShore Senior
Partners (SSSP) to select a representative. Theresa Zerby will represent SSSP. Eric Sill, a business
education teacher at the Minnetonka High School who runs the Vantage Program, will sit in on the initial
meetings.
Mayor Zerby noted Shorewood Park & Recreation Coordinator Grout will represent City staff and outside
users to some degree.
Administrator Joynes stated the first meeting would be to talk about the legal status of the SSCC, some of
its history and specifically the financial situation. It would then be up to the Committee to determine how
it wants to continue with the funding and the operation of the SSCC. He then stated he does not envision a
need for more than three meetings. He noted Excelsior has expressed concern about the time
commitment.
Administrator Joynes stated he has four date options for the first meeting; July 15, 16, 23 and 24.
Councilmember Sundberg stated July 23 or 24 would be better for her but she could juggle things around
to make one of the other two dates work.
Mayor Zerby suggested picking July 23 and having July 24 as an alternate.
3. Certificate of Achievement for Excellence in Financial Reporting
Administrator Joynes stated the City has received a certificate of Achievement for Excellence in Financial
Reporting awarded by the Government Finance Officers Association of the United States and Canada for
its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 2011. This is
a great compliment to Finance Director DeJong and Senior Accountant Nguyen. He noted that most cities
in the State of Minnesota receive this award; nationally that may not be the case.
Mayor Zerby thanked Director DeJong for a great job.
4. Update on City-Owned 5795 Country Club Road Property
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 10 of 11
Attorney Keane stated the preparation work for getting the City-owned property located at 5795 Country
Club Road ready to be put on the market for sale is progressing. The replacement of the HVAC system is
almost complete. The painting contractor is coming this week to spruce things up. It’s anticipated that the
property is ten days away from being put on the market.
5. Update on Trail Projects
Director Brown explained the County Road 19 trail project is moving along. The aggregate base has been
put down. In theory the paving should begin tomorrow. After the asphalt has been rolled in place the
concrete curb ramps and features will be cut in. Once poured they will sit for seven days before the
grading around them can be done. He then stated there has been a small delay on the Smithtown Road
(west) sidewalk project. The contractor has assured staff that it will be on site on July 15. If it is not on
site then the City will invoke some of the contract conditions.
Mayor Zerby stated he saw that Lilac Trees have been cut down along Highway 7 and that work has
started for the Metropolitan Council Environmental Services (MCES) forcemain project. Director Brown
noted that the removal of the Lilac Trees is because of that project. Staff has fielded a number of calls
because of that and it has directed callers to MCES.
Engineer Hornby stated MCES has opened a construction field office. It will hold weekly meetings for
residents to walk in and discuss issues and concerns they may have about the project with MCES
representatives on Wednesdays from 5:30 P.M. – 7:30 P.M. The field office is located on the southeast
corner of Vine Hill Road and Trunk Highway 7. The address is 19285 Highway 7. He noted this
information will be on the City’s website.
6. Update on Lift Station Projects
Director Brown stated the City has had two lift stations under construction. One lift station is located at
Edgewood Road and the other is located toward the lake at Smithtown Road toward the border with the
City of Victoria. Both projects have been completed. During its next meeting Council will be asked to
adopt a resolution accepting the final improvements. He noted that Minger Construction performed
flawlessly on those projects; there were some very difficult construction procedures that had to be
performed in tight quarters.
Other
Director Nielsen stated he met with Dakota Fence earlier in the day and he assumes it completed the
installation of the fence around the community garden located in the Skate Park today. He will check that
out tomorrow.
Director Brown explained that prior to July 4 the City did experience some storm damage. Staff has
submitted a damage estimate to Hennepin County for the City. He calculated the cost to the City to be
$9,092.84. The County has informed staff that both the County and the State of Minnesota have met the
screen thresholds for storm damage costs that trigger a formal FEMA (Federal Emergency Management
Agency) led damage assessment. FEMA teams will be meeting with representatives on July 9 and 10
across the County. The City will meet with them on July 10. A portion of the City’s costs are related to
labor for overtime hours incurred. Disposal cost of the collected debris is also included. He noted this will
take a lot of work. The guidelines for writing the report are fourteen pages long.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 8, 2013
Page 11 of 11
Director Brown noted the new street sweeper is scheduled to arrive on July 15.
Mayor Zerby asked how things are progressing with the hiring of the authorized Public Works
replacement employee. Director Brown stated the application deadline is closed and staff is in the process
of reviewing applications. The City received 22 applications. There are a number of very qualified
candidates who applied.
Mayor Zerby stated the City of Excelsior has striped its roadways and the State has striped some of its
roadways. It always seems to him that the City stripes its roadways late. Director Brown explained the
Public Works Department does not have the roadways striped until after sealcoating is complete. Zerby
stated that makes sense. Brown noted that Excelsior has chosen not to sealcoat its streets the last several
years. Zerby asked if there has been any progress on the County Road 19 and Oak Street intersection.
Brown responded nothing further.
B. Mayor and City Council
Mayor Zerby noted he attended a South Lake Minnetonka Police Department (SLMPD) Coordinating
Committee 2014 budget work session on June 26. He explained a preliminary budget was presented.
There was considerable discussion by the Committee about ways to reduce the proposed budget. Some
arbitrary numbers were thrown out. Chief Litsey will present the Committee with a couple of alternatives
during its July 10 meeting. Litsey has researched the new sales tax exemption that goes into effect on
January 1, 2014, which will have a positive impact on cities. Unfortunately, it appears it may not apply to
joint powers organizations.
Mayor Zerby stated the recent Fourth of July event was spectacular.
13. ADJOURN
Woodruff moved, Hotvet seconded, Adjourning the City Council Regular Meeting of July 8, 2013,
at 8:19 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
Scott Zerby, Mayor
Jean Panchyshyn, City Clerk
#3B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Accepting a Donation from James Laing
Meeting Date: July 22, 2013
Prepared by: Bruce DeJong, Finance Director
Policy Consideration: All donations to the City of Shorewood must be accepted by the City Council.
Background: James Laing has given a donation to the Southshore Center to support General
Operating expenses for the Center. The contribution is voluntary in nature.
Financial or Budget Considerations: This donation will help to cover general operating expenses of the
Center.
Options:
Accept the Donation, or
Reject the Donation
Recommendation / Action Requested: Staff recommends that the donation be accepted, and a special
thank you note will be mailed to Mr. Laing.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
#7A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, JULY 9, 2013 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Quinlan convened the meeting at 7:00 p.m.
A. Roll Call
Present: Chair Quinlan; Commissioners Edmondson, Kjolhaug, Hartmann,
;
Mangold, and SawtellCity Planner Nielsen and Finance Director Bruce
De Jong
Absent: Commissioner Dietz and City Council Liaison Sundberg
B. Review Agenda
Sawtell moved to approve the agenda as amended: Item 4 tabled to August meeting. Mangold
seconded the motion. Motion carried.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of May 14, 2013
B. Park Commission Tour Minutes of June 11, 2013
Commissioner Edmondson moved to approve the minutes of the May 14, 2013 meeting and the
June 11, 2013 park tour as amended: Kjolhaug stated it is important to keep the removal of the
hockey rink in Badger Park and the replacement of the hockey rink at some other location tied
together. Edmondson stated he wanted a picnic shelter and not a warming house at Badger
Park. Mangold stated the rocks and pebbles at the playground at Manor Park need to be
cleaned of sticks, etc. and should be added as Item J under Manor Park. The rubber mat
should be swept and debris removed. Edmondson noted the skate park has still not been
installed. Nielsen noted the posts are in and the concrete is setting. Kjolhaug stated we also
talked about providing treatment of the water running off the parking lot and talk to MCWD.
Commissioners determined the heading should indicate some of the items listed were mainly
observations. Hartmann seconded the motion. Motion carried.
3. MATTERS FROM THE FLOOR
There were none.
4. INTRODUCTION OF CITY ADMINISTRATOR BILL JOYNES
This item was tabled to the August meeting.
PARK COMMISSION MINUTES
TUESDAY, JULY 9, 2013
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5. GARY EZELL OF JOEY NOVA’S – MOVIE IN THE PARK
Gary Ezell from Joey Nova’s discussed his interest in becoming involved in park activities in the Lake
Minnetonka area. He was especially interested in the Movie in the Park planned for September 13.
Quinlan discussed the various events held in the parks and welcomed Ezell’s involvement. Edmondson
suggested Twila Grout determine what events Joey Nova’s might participate in. Ezell stated he would
be able to provide any kind of food. He stated he is a licensed caterer. Quinlan asked if he has a price
list available. Ezell stated he does and is also in the process of getting a food truck. He stated he could
also promote events on pizza boxes. Commissioners discussed having pizza at the movie in the park.
He stated he would donate ten percent of sales back into the parks. Quinlan encouraged Ezell to work
with Twila on details. Kjolhaug asked if there are any obligations to invite any other establishments.
Nielsen stated the seniors sell popcorn last year and will continue to do that.
Kjolhaug moved to recommend Joey Nova’s sell pizza and beverages at the Movie in the Park
on September 13. Hartmann seconded the motion. Motion carried.
6. DISCUSS PARK TOURS OF JUNE 11, 2013
A list was compiled of all the items identified during both park tours and has been provided. Kjolhaug
suggested each item be reviewed and clarified.
Silverwood
: Hartmann suggested an Eagle Scout project could be to provide landscaping to block
basketballs from traveling down the hill. Nielsen stated the intent is to program the maintenance items out
over the summer. He suggested the list be prioritized. He clarified the difference between maintenance
items and items that would be included in the CIP. Commissioners reviewed the list to come up with 5-6
items that should be completed this year. Quinlan stated the retaining wall repair would be a maintenance
issue. Edmondson noted there is an additional retaining wall that is in disrepair near the pump building.
Nielsen noted water funds might be used for that repair rather than park funds. The ball barrier will be
moved to the CIP.
Skate Park
: Skate board repair is a maintenance issue and should be a high priority. Kjolhaug believed
screening the skate park from the highway should be discussed. Quinlan stated it should be under the CIP
discussion later in the meeting. Message boards will be maintained and locks installed. Commissioners
discussed concern about gardeners throwing rocks from the gardens out onto the grass. Rules for
gardeners should include information about what to do with rocks.
Eddy Station:
The painting will be taken off the list. A recommendation has been made to replace the
siding rather than painting it and will be a CIP item. Edmondson stated he would like to see a bid for
residing vs. repainting and would help with consulting so the right choice is made. Nielsen stated
alternatives would be brought back to the Commission for consideration. He suggested this item be
continued to the August meeting. Quinlan believed mud jacking is a maintenance item. Nielsen stated
quotes are being solicited, and this should be a high priority item.
Freeman Park:
Quinlan noted there have been requests to use the fire pit. Sawtell stated the concern is
people could use it without permission. Quinlan suggested there be something on the bulletin board that it
cannot be used. Kjolhaug stated he would like to add trail maintenance on the list. Nielsen stated whether
PARK COMMISSION MINUTES
TUESDAY, JULY 9, 2013
5
PAGE 3 OF
it is maintenance or a CIP item depends on what extent of work needs to be done. It will be added to the
maintenance list for now. Quinlan asked if there has been any further action on the 12’ fence request.
Nielsen stated the City is willing to replace the fence at the height that is currently there, and if something
higher is needed, Babe Ruth league should pay for it. If anything is done, it would be after the season is
over. He stated he would have further information at a future meeting.
Badger Park:
Mangold stated the rubberized landing on the playground equipment needs to be replaced.
Nielsen stated that should be a high priority item. If the work can be contracted out, that would be the
preference.
Manor Park:
Gutters are needed on the south side of the shelter was determined to be a maintenance
issue. Commissioners discussed providing water for the garden which will be a maintenance issue. Tennis
court backboard will be a lower priority. Correction should be made to the park tour minutes to note it is a
tennis court backboard and not a basketball backboard. Kjolhaug brought up the water quality in the pond.
Nielsen stated he has it under the CIP as a next year project.
Cathcart Park:
Stakes around the playground border need to be pounded down. Nielsen stated it would
be fixed the next day. Commissioners discussed parking on the grass. Nielsen suggested signs be placed to
prohibit parking. He also believed scheduling needs to be addressed as well as it could be overuse of the
park. Quinlan suggested this be discussed further at the next meeting. Kjolhaug asked when the
backboards will be installed. Nielsen stated he was unsure of when it will be done.
Gideon Glen:
Orange fencing needs to be removed. Nielsen discussed trail maintenance at the site. He
believed it should be treated for weeds in order to make it look like a path. Hartmann noted the trail is
eroding. Nielsen stated the fencing is probably still there in order to address erosion and maybe rip rap
might be the solution. Kjolhaug asked for clarification of who is responsible for the vegetation. Nielsen
stated it will be maintained as a prairie. The question is who is responsible. Nielsen stated there was a
subsequent amendment to the maintenance agreement with the MCWD regarding who will maintain the
vegetation. Nielsen stated he would provide a copy of the maintenance agreement at the next meeting.
Crescent Beach:
Buoys at Crescent Beach.
Quinlan stated he would like staff’s estimation of when the items can be completed as identified above.
7. PLAN FOR PARKING LOT AND SIGNAGE AT GIDEON GLEN
Commissioners reviewed the sketch provided of a possible parking lot at Gideon Glen. Nielsen stated
from a space standpoint, there is room for bus parking while there is not room from a topographical
standpoint. He discussed options. He noted turning radiuses are too tight. The bus could back onto
the trail if needed. He suggested the parking spots be oversized. Commissioners and staff discussed
parking options. Mangold believed a parking lot isn’t necessary. Nielsen stated the three parking spots
fit well onto the site. He suggested field trips not go as a group and rather smaller groups be
welcomed there. Hartmann suggested a more passive material be used for the parking lot. Nielsen
stated we are proposing Class 2 at this point. He discussed the cost of constructing the parking lot at
$5000 to $6000, and signage will be well below the $20,000 budgeted. Kjolhaug stated this is an
important opportunity for students to visit this area. Nielsen stated he would check with the schools to
see what they like about bus traffic. Commissioners agreed not to force a spot for bus parking.
PARK COMMISSION MINUTES
TUESDAY, JULY 9, 2013
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Quinlan agreed we should move forward with the parking lot. Hartmann asked if the Watershed
should be contacted about the parking lot. Nielsen stated it part of the partnership agreement to let
them know. A permit is not needed. Mangold stated he would like the quotes to come back for
review. Nielsen stated maintenance for the park might be funded through storm water maintenance.
He stated this item would be brought back to the August meeting for further discussion. Kjolhaug was
concerned about delaying the parking lot.
Edmondson moved to recommend three parking spots be constructed and new signage installed
not to exceed $15,000. De Jong stated this project is not on the Council’s list of projects that do
not need their approval. Sawtell seconded the motion. Motion carried 5-1. Mangold voted
against the motion.
Nielsen noted the wording on the sign needs to be reviewed by the Watershed. Edmondson stated he
would like to see where the sign will be located. Nielsen noted the area between the parking lot and
the trail.
8. BADGER PARK DESIGN DISCUSSION FROM PARK TOUR
Nielsen stated he met with football and lacrosse representatives who were very receptive to the layout.
He stated he would like to take the concept to the City Council with the Commission’s
recommendation. He stated it is important to get the numbers together as we approach the budget
planning season. Nielsen stated there is still talk about leaving the playground where it is currently
located. Mangold believed the current playground will need to be replaced whether it is moved or not.
Sawtell moved to recommend approval of the Badger Park design concept and staff should
pursue getting costs for proceeding. Mangold seconded the motion. Kjolhaug stated he would
like to attach relocating the hockey rink will be moved. Nielsen stated the monies are
earmarked for a new hockey rink but not where it will be. Motion amended to reflect said cost
of moving the hockey rink be budgeted. Amended motion seconded. Motion carried 5-1.
Hartmann voted against the motion.
9. MANOR PARK TENNIS COURT UPDATE
Nielsen stated the edges on the tennis court at Manor Park were discussed during the park tour where it
appears to have an unfinished appearance. He noted the court in Eden Prairie is the same. He
recommended the edges be straightened and remove the portions that make it appear to be zig zagged. He
noted the amount removed will be enough to make it appear squared. Quinlan was concerned about safety
issues should this be done. He believed the gap might be more dangerous. He felt it should be left the way
it is. Sawtell stated there were also concerns about striping for pickle ball. Nielsen stated if it becomes an
issue where two games need to be played at once, it can be restriped next year. Quinlan stated removing
the teeth should be added as a maintenance item as time allows.
PARK COMMISSION MINUTES
TUESDAY, JULY 9, 2013
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10. OPERATING STRUCTURE OF THE SOUTHSHORE COMMUNITY CENTER
Quinlan stated there have been discussions at the City Council level relating to the operation of the
Community Center. He asked if any decisions have been made and how it affects the parks. Nielsen stated
there are now representatives from each South Lake community to attend meetings and make decisions and
help out with long-term maintenance. He stated there has been some discussion with Excelsior about
sharing a park coordinator/community center director position. Quinlan suggested a Park Commissioner be
on the committee which has been formed to discuss the Center’s future.
11. NEW BUSINESS
None
12. STAFF AND LIAISON REPORTS/UPDATES
A. City Council
Nielsen stated the skate park fence should be completed this week. Feasibility studies have been ordered
for the trails along Mill Street and in the Galpin Lake area. In response to a question from Sawtell, Nielsen
explained the purpose of a feasibility study. He discussed the progress of the trails along Smithtown Road.
B. Staff
Commissioners discussed the CIP report and General Fund expenses in 2013 and discussed funding needs
for 2014. Mangold stated he would like an actual list showing when something was installed and how long a
life it has. De Jong noted the budget on part time help was exceeded because of additional rink hours into
March. In response to a question from Mangold, Nielsen stated he would provide additional information on
the Rustic Road culvert.
11. ADJOURN
Edmondson moved, Hartmann seconded, to adjourn the Park Commission Meeting of July 9, 2013 at
10:04 p.m. Motion carried.
RESPECTFULLY SUBMITTED,
Clare T. Link
Recorder
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, JULY 2, 2013 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:22 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Garelick (arrived at 7:22 P.M.), Maddy and Muehlberg;
Planning Director Nielsen; and Council Liaison Woodruff
Absent: Commissioners Charbonnet, Davis and Labadie
APPROVAL OF AGENDA
Director Nielsen asked to remove life cycle housing from the agenda because he does not have anyone
lined up to talk to the Planning Commission about this yet.
Garelick moved, Muehlberg seconded, approving the agenda for July 2, 2013, as amended. Motion
passed 4/0.
APPROVAL OF MINUTES
June 4, 2013
Maddy moved, Muehlberg seconded, approving the Planning Commission Meeting Minutes of June
4, 2013, as presented. Motion passed 4/0.
2. 7:00 P.M. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR ACCESSORY
SPACE OVER 1200 SQUARE FEET
Applicant: Jeff and Jennifer Ische
Location: 25365 Smithtown Road
Chair Geng opened the Public Hearing at 7:25 P.M., noting the procedures utilized in a Public Hearing.
He noted that the Planning Commission is an advisory body only. He stated this evening the Commission
is going to consider a request for a conditional use permit (C.U.P.) for accessory space over 1200 square
feet for Jeff and Jennifer Ische, 25365 Smithtown Road. He noted Mr. Ische is present this evening. He
explained that this item will go before the City Council on July 22, 2013.
Director Nielsen explained the Isches own the property located at 25365 Smithtown Road. The property is
zoned R-1A, Single-Family Residential and contains approximately 87,346 square feet of area. The
applicants are proposing to build a second detached garage on their property. The new garage would be
located on the west side of the loop driveway. The floor area of the new garage when combined with the
Isches’ existing detached garage and utility shed brings the total area of accessory space on the property
over 1200 square feet. That requires a C.U.P. under the City’s Zoning Code. The existing house is a
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 2, 2013
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walkout rambler with approximately 3000 square feet of floor area above grade. The existing garage,
located on the east side of the lot, contains 737 square feet of floor area. The utility shed located farther
back on the property contains 151 square feet. The new garage will be located in a small clearing north of
the house just over 60 feet back from the street. It will contain 900 square feet (30 feet by 30 feet), which
brings the total area of accessory space on the site to 1637 square feet.
Regarding the analysis of the case, Nielsen explained Section 1201.03 Subd.2.d.(4) of the City’s Zoning
Code contains four specific criteria for granting this type of C.U.P. He noted if an applicant’s C.U.P.
request complies with the four criteria it is basically treated as a zoning permit. It does get the extra
scrutiny of a public hearing and approval of the City Council. He reviewed how the applicants’ proposal
complies with the Code criteria.
1. The total area of accessory space (1637 square feet) does not exceed the total floor area above
grade of the principle structure (3000 square feet).
2. The total area of accessory space does not exceed ten percent of the minimum lot area for the R-
1A zoning district (0.10 x 40,000 square feet = 4000 square feet).
3. The proposed garage and the existing house comply with the setback requirements of the R-1A
zoning district. The new garage will be approximately 27 feet from the west side of the property
where only 10 feet is required. It will be approximately 62 feet from the front of the lot where
only 50 feet is required. Given the size of the property and the amount of existing vegetation on
the site, drainage and landscaping are not considered to be issues in this request. Although a
couple of existing trees will be removed to accommodate the new garage, it will remain well
screened from both the street and adjoining properties.
4. The materials and design of the new garage will be consistent with the character of the existing
house and garage. It will be a clone of the existing detached garage.
Nielsen stated based on the analysis of the case staff recommends the C.U.P. be granted as requested.
Mr. Ische clarified the existing garage contains 585 square feet of area (it is 24 feet by 24.4 feet). The new
garage will have 960 square feet of area (it will be 30 feet wide by 32 feet deep but the surveyor wrote
down 30 feet by 30 feet). That will increase the total area of accessory space to 1697 square feet.
Commissioner Maddy asked Director Nielsen to explain how total floor area above grade is calculated.
Nielsen explained floor area above grade is whatever is above grade. For a rambler it is the main floor
above grade. For a walk out one half of it is counted.
Director Nielsen explained that entire ordinance is intended to maintain scale.
Seeing no one present to comment on the case Chair Geng opened and closed the Public Testimony
portion of the Public Hearing at 7:36 P.M.
Maddy moved, Muehlberg seconded, recommending approval of a conditional use permit for
accessory space in excess of 1200 square feet for the property located at 25365 Smithtown Road.
Motion passed 4/0.
Chair Geng closed the Public Hearing at 7:37 P.M.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 2, 2013
Page 3 of 9
3. 7:10 P.M. PUBLIC HEARING – CODE AMENDMENT REGARDING FENCE
REGULATIONS
Chair Geng opened the Public Hearing at 7:37 P.M. He noted the same procedures as described above
will be followed.
Director Nielsen explained that during its March 25, 2013, meeting Council approved an ordinance
establishing zoning permits. Fences were one of the items to be covered by that ordinance. Fences six feet
high or higher currently require a building permit. Fences were removed from the zoning permit
ordinance because Council thought it prudent for the Planning Commission to look at the general
requirements for fences in entirety. Also, during Council’s discussion there was a question as to whether
or not an 18-inch-high wire fence around a garden area would require a zoning permit.
Nielsen reviewed the changes proposed to Section 1201.03 Subd. 2.f. Fences – general requirements.
They are the changes the Planning Commission discussed during its June 4, 2013, meeting. Item (1)
permit required was changed to read “No person, firm or corporation shall construct or erect any fence
without first securing a zoning permit.” It had read building permit. The following was added “Exception:
No permit is required for interior yard fences used for landscaping, gardening or decoration, provided
the fence does not exceed four feet in height and is at least 50% open.” Item 9(a)(iv) was changed to read
“Subject to other restrictions within this section, fences may be constructed to a height of six feet on or
along the side yard property line, but not on side yard property lines abutting a street, from the rear lot
line to the required front yard setback line;”. Item 9(a)(vi) was changed to read “All boundary line fences
over four feet in height in residential districts shall be constructed in a manner that at least 25% of the
plane between the ground and the top of the fence constructed is open;”. Item 9(b)(i) was changed to read
“Any fence erected within any portion of the required front yard shall not exceed four feet in height.”
Commissioner Maddy asked if Item 9(b)(iii) which reads “Chain link or woven wire fences (without slat
screens, canvas or other screening material opaque in nature) used for the enclosure of tennis courts or
other recreational purposes shall not exceed ten feet in height.” is in conflict with Item 9(b)(i) above with
regard to the four foot height restriction. Director Nielsen noted tennis courts cannot be constructed
within the required front yard. Maddy asked what someone would need to do to be able to construct a
ten-foot-high fence around a tennis court in a back yard. For example, would it require a conditional use
permit (C.U.P.)? Nielsen explained the City has not traditionally required a C.U.P. for fences around
tennis courts.
Director Nielsen stated Item 11 which reads “Special purpose fences. Fences for special purposes and
fences differing in construction, height or length may be permitted in any district in the city by issuance of
a conditional use permit.” is somewhat vague; it’s a catchall provision. He does not like a provision that
references a C.U.P. without conditions. That is usually not a good idea. He recommended either deleting
Item 11 or adding conditions to it. He also recommended leaving Item 9(b)(iii) as proposed.
Council Liaison Woodruff stated if Item 11 is stricken and someone does want a fence for a special
purpose he asked how that would be processed. Director Nielsen stated it would be processed as a
variance. Woodruff stated he thought handling it as a variance would be better than inventing conditions
for a C.U.P.
Director Nielsen commented that he has been speaking with someone who wants a taller fence because of
the topography of his property. He stated he agreed that Item 11 should be deleted and special purpose
fences be handled as a variance. Variances do deal with unique situations.
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July 2, 2013
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Commissioner Maddy asked if it would also make sense to delete “shall not exceed ten feet in height” in
Item (9)(b)(iii). Director Nielsen stated people do want higher fences around tennis courts or sport courts.
Council Liaison Woodruff asked how many applications for tennis courts the City receives. Director
Nielsen responded not a lot; maybe one a year.
Commissioner Maddy suggested adding to Item (9)(b)(iii) the clarification “shall be allowed up to ten
feet” so it is clearly understood that fences up to ten feet in height are allowed around tennis courts or
other recreational surfaces. Commissioner Muehlberg thought that would be redundant. Director Nielsen
agreed with that.
Chair Geng asked if Item 11 could be changed to be by issue of a variance rather than a C.U.P.
Director Nielsen reiterated that he would like to delete Item 11.
In response to a comment from Council Liaison Woodruff, Director Nielsen stated interior yard is defined
in the Code.
Commissioner Maddy asked if the City regulates the planting of trees as fences. Director Nielsen
responded no and added there are residents who wish the City did. He clarified there is an exception for
that at street corners. It stipulates within a 30-foot site triangle vegetation cannot exceed thirty inches in
height. Maddy explained he would need an agreement with his neighbor to construct a four-foot-high
fence within eight feet of his property line yet he could plant fifty-foot-high pine trees all the way down.
Nielsen stated landscaping is encouraged and in many cases it is required, and man-made structures are
regulated. Nielsen then stated if the Planning Commission wants to take that up it can be added to the
Commission’s work program, but he does not recommend holding this up for that.
Chair Geng stated the interior fence definition is found in Section 1201.02 on page 1201-9.
There was consensus to delete Item 11.
Council Liaison Woodruff stated he feels pretty good about the amended ordinances for fences – general
provisions.
Seeing no one present wanting to comment on this case Chair Geng opened and closed the Public
Testimony of the Public Hearing at 8:03 P.M.
Maddy moved, Muehlberg seconded, recommending approval of the Zoning Code text amendment
relative to fences subject to deleting Section 1201.03 Subd. 2.f.(11). Motion passed 4/0.
Chair Geng noted that Council will consider the Planning Commission’s recommendation about this
during its July 22, 2013, meeting.
Chair Geng closed the Public Hearing at 8:03 P.M.
4. SITE PLAN REVIEW FOR BICYCLE REPAIR BUSINESS
Applicant: James Steinwand
Location: 5680 County Road 19
The applicant withdrew this item prior to this meeting.
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July 2, 2013
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5. DISCUSSION
Noise Ordinance (Revised Draft)
Director Nielsen explained the Planning Commission has been discussing a possible noise ordinance for
quite some time – most recently off and on since the Commission’s October 2, 2012, meeting. During that
meeting there was a great deal of discussion about an individual who owns property over on Hillendale
Road who is extremely inconsiderate of his neighbors with respect to noise. The draft ordinance
amendment is intended to address activities that generate noise by defining reasonable hours during which
that can be done. He commented that these types of codes are generally written for a relatively small
group of people (e.g., a person who mows their lawn at 11:00 P.M.). He stated that the noise ordinance
will help address the Hillendale Road situation by limiting hours of operation somewhat.
Nielsen then explained that from the beginning staff has tried to make the draft noise ordinance similar to
other South Lake cities’ ordinances; in particular the City of Excelsior’s. That ordinance is quite concise.
Although the City may not have a code addressing construction hours, it does have a policy limiting the
hours of occurrence. When a commercial builder pulls a permit from the City they are advised that
construction hours are from 7:00 A.M. – 7:00 P.M. on weekdays, 8:00 A.M. – 6:00 P.M. on Saturday, and
no construction is allowed on Sundays.
Nielsen noted that the hours agreed upon during the Planning Commission’s June 4, 2013, meeting are
reflected in the revised noise ordinance (a copy of which is included in the meeting packet). He also noted
that because this is not a land use code it does not require a public hearing. He then noted that when
someone in Shorewood calls the police department about a noise issue the police note that Shorewood
does not have a noise ordinance.
Commissioner Garelick asked if anyone has spoken with the owner of the property on Hillendale Road
about why he is so inconsiderate of his neighbors. Director Nielsen stated that allegedly that individual
has told the owners of the properties on each side of his that he ultimately wants to buy their properties.
Nielsen explained that a noise ordinance generally doesn’t address the person who wants to irritate
people.
Council Liaison Woodruff stated that the exception in Subd. 20 (a)(1) Hourly Restrictions on Certain
Operations – Recreational Vehicles only addresses snowmobiles en route to or from trails or a lake. In his
neighborhood there are a number of people who ride three wheelers or four wheelers onto the lake.
Director Nielsen suggested changing it to include other recreational vehicles as well. Woodruff then
stated that in that same provision the hours of operation are limited to 7:00 A.M. to 10:00 P.M. Sunday
through Thursday and to 7:00 A.M. to 11:00 P.M. on Friday and Saturday. There are people who go out
on the lake late at night and he wondered how they would feel about that restriction.
Woodruff then stated in Subd. 20 (a)(2) Domestic Power Equipment does not specify that the hour
restrictions are limited to exterior use. That would mean a person could not use a drill in their home
during other hours. He suggested clarifying in the purpose of the noise ordinance that it applies to exterior
noise. Director Nielsen indicated he agreed with that suggestion. Woodruff then stated he thought the
9:00 A.M. start for hours of operation on a weekend or holiday was too late on Saturday and suggested
7:30 A.M. would be more reasonable. Woodruff also stated that a stop time of 9:00 P.M. would be
irritating to him.
Commissioner Muehlberg stated he has been using a miter saw outdoors and he does not even consider
using it before 8:30 – 9:00 A.M. because there are people who like to sleep in on the weekend. And, in
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 2, 2013
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the nicer weather months they may have their windows open.
Council Liaison Woodruff stated he was okay with leaving the hours of operation as is in Subd. 20 (a)(2)
and then Council can decide what it thinks. He suggested adding an exemption for emergency generators
to this provision.
Commissioner Maddy stated in Subd. 20 (b)(2) Emergency work exempted states “The term "emergency
work" means activities that are necessary to protect or preserve lives or property from imminent danger
of loss or harm, including work that is necessary to restore a public service or to eliminate a public
hazard.” He thought that would cover generators. Council Liaison Woodruff agreed that would cover
generators.
Director Nielsen stated after the last storm there were backup generators running and the City did not
receive any complaints about that. People understand the need.
Council Liaison Woodruff stated Subd. 20 (d)(1) Enforcement duties states “… The City Administrator or
its designees may inspect private premises other than private residences and shall make all reasonable
efforts to prevent violations of this article.” He asked if the City Attorney has reviewed this. He
questioned if it would be okay for someone to go onto private property without being given permission
from the owner. Director Nielsen clarified it would not. Nielsen explained the process would be the same
as for a complaint and that requires an administrative warrant or permission from the owner. The only
time the City can go onto private property without an administrative warrant or permission from the
owner is if there is some imminent danger such as someone screaming. Woodruff recommended the City
Attorney review this provision.
Director Nielsen noted the City Attorney will review the entire ordinance and specifically provision Subd.
20 (d)(1) Enforcement duties.
Commissioner Maddy asked if the language was taken from Excelsior’s ordinance. Director Nielsen
responded he is sure it was.
Chair Geng agreed with Council Liaison Woodruff’s suggestion to have the City Attorney review the
provision.
Director Nielsen explained the City’s policy is if a property owner states they do not want City staff to
come onto their property they don’t.
Director Nielsen stated he will make the changes talked about, he will ask the City Attorney to review the
entire ordinance and then it will be placed on the Planning Commission’s August 6 meeting for
consideration. The changes include clarifying that the ordinance was for exterior activities and that the
hourly exception for recreational vehicles in Subd. 20(a)(1) will be expanded to include snowmobiles and
other recreational vehicles.
Commissioner Muehlberg stated he lives about 500 – 600 feet from the lakeshore of Lake Minnetonka
and he likes to go out on the Lake at 6:00 A.M. sometimes to go fishing and sometimes he will stay out
there until 10:00 – 11:00 P.M. Yet, the hourly exception for recreational vehicles en route to or from trails
or a lake in Subd. 20(a)(1) are 7:00 A.M. – 10:00 P.M Sunday through Thursday and 7:00 A.M. – 11:00
P.M. on Friday and Saturday. He noted he did not think the night restrictions are as much of a problem as
the morning restriction.
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July 2, 2013
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Commissioner Maddy suggested taking out the language about the hours in the exception in Subd.
20(a)(1) and then wait to see if it is a problem. The exception would be for snowmobiles or recreational
vehicles en route to or from trails or a lake.
Director Nielsen cautioned against allowing someone to race around their yard at 6:00 A.M.
Council Liaison Woodruff asked if there are any trails in the City where it is legal to operate snowmobiles
or other recreational vehicles. Director Nielsen stated they cannot ride on the LRT trail anymore. Nielsen
then stated he thought snowmobiles are allowed to travel on the street on their way to a destination where
snowmobiling is permitted.
Woodruff suggested having a different set of hours for a recreational vehicle en route to a lake than for en
route to a trail. He stated he agrees with Commissioner Muehlberg’s point about fishing early in the
morning or late at night being a legitimate use, and he thought that should be acknowledged.
There was discussion about snowmobilers riding on the lake very late at night and very early in the
morning.
Council Liaison Woodruff noted the Department of Natural Resources (DNR) regulates the speed for
snowmobilers on Lake Minnetonka. Director Nielsen stated he thought there was a regulation about
distance from the shoreline. Woodruff stated that is a Lake Minnetonka Conservation District (LMCD)
regulation and the LMCD’s speed limit regulations are more restrictive than the DNR’s. Commissioner
Muehlberg noted the regulations make no difference unless there are enforcement personnel out on the
Lake very late at night or really early in the morning.
Commissioner Muehlberg asked what the other communities around Lake Minnetonka allow.
Director Nielsen stated for the Planning Commission’s next meeting he will provide the comparison
matrix Excelsior prepared. He then stated he agreed that 7:00 A.M. was too late for snowmobiles or other
recreational vehicles traveling en route to a lake.
Commissioner Muehlberg stated early on when the lake is frozen fisherpeople tend to fish until 10:00 PM
to midnight.
Council Liaison Woodruff agreed with making the hours somewhat consistent with what other
communities around Lake Minnetonka have.
Chair Geng stated he does not think Excelsior’s matrix includes snowmobiles or recreational vehicles
traveling en route to trails or a lake. Director Nielsen stated then he will have to prepare such a matrix.
Council Liaison Woodruff stated he did not want the surrounding communities to get annoyed because
the City has an ordinance that prohibits reasonable use.
Director Nielsen reiterated he will make the changes talked about (i.e., clarifying the ordinance was for
exterior activities and that the hourly exception for recreational vehicles in Subd. 20(a)(1) will be
expanded to include other recreational vehicles), ask the City Attorney to review the entire ordinance and
then it will be placed on the Planning Commission’s August 6 meeting for consideration. He will also
prepare a chart showing what the hours of operation are for snowmobiles and other recreational vehicles
en route to Lake Minnetonka for other communities around the Lake.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 2, 2013
Page 8 of 9
Life-Cycle Housing
This item was removed from the agenda at Director Nielsen’s request.
Sale of City-Owned Property Located at 5795 Country Club Road
Director Nielsen explained when Council decided to remodel City Hall it basically made the decision
there was no need for the City-owned property located at 5795 Country Club Road. When the City
purchased the property it was to keep the options open for what may happen to City Hall. City Hall could
have been expanded on to that property or City Hall could have been torn down and a new facility built.
Instead, City Hall was remodeled in place. The main reason the City has not sold the property was
because of the poor real estate market. The decision was made to rent the property until the market started
to recover. Council has decide that time has come. The Park Commission has weighed in on the property.
It does not relate well to Badger Park. He noted that when cities buy or sell property State Statute requires
cities to have their planning commissions review the sale and comment on it. Therefore, as a formality the
Commission needs to make a recommendation on the sale of the property.
Council Liaison Woodruff stated Council authorized the replacement of the HVAC system and water
heater on the recommendation of the City’s Building Official. He then stated he thought the City paid
$305,000 for the property more than eight years ago. He went on to state that if a city owns a piece of real
property and has not put it to public use within a period of time (that was changed during the last
legislative session) then a city has to start paying property tax on it. As of last year, the City had to start
paying property tax on it.
Director Nielsen stated there was some consideration given to swapping that property for a property in the
Smithtown Crossing Redevelopment Study area. The owner of that other property was not interested in
doing that.
Maddy moved, Muehlberg seconded, recommending the sale of the City-owned property located at
5795 country Club Road after review of that consideration pursuant to State Statute. Motion
passed 4/0.
6. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
7. OLD BUSINESS / NEW BUSINESS
Commissioner Garelick noted he served on the Hennepin County Board of Appeal and Equalization again
this year. He stated that the appraiser for the City of Shorewood did such a great job that there were no
appeals to the County.
Garelick asked what the catalyst was for James Steinwand, 5680 County Road 19, deciding not to move
forward with his proposal to operate an auto detailing and bicycle repair business out of the building on
that location. [Item 3 on the Agenda.]
Director Nielsen explained during its June 4, 2013, meeting the Planning Commission continued the
public hearing for a conditional use permit (C.U.P.) for Mr. Steinwand to this meeting to allow him the
opportunity to refine his plans for the site and make sure the plans were consistent with the City’s current
zoning standards. The Commission wanted Mr. Steinwand to also submit a landscape plan prepared by a
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 2, 2013
Page 9 of 9
certified landscaper and an updated survey. Mr. Steinwand did not want to spend the amount of money it
would take to do that. On June 5 Mr. Steinwand sent an email stating he wanted to withdraw his C.U.P.
application. On June 6 he sent another email stating the American Legion, the owner of the property, may
be willing to help out and he suggested the two of them meet. When they met they spoke about an interim
use permit as an alternative which may have gotten him around the need to install curbing. Mr. Steinwand
did call one time after the meeting and asked what difference it would make if he dropped the auto
detailing portion of the proposal. A bicycle repair shop is a permitted use in that zoning district. That
would have eliminated the need for a C.U.P. but it would not eliminate the need to bring the site up to
standard.
8. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there are a lot split application and two a conditional use permit applications
slated for the August 6, 2013, Planning Commission meeting. The Commission will be asked to make a
recommendation on the revised noise ordinance. There will be discussion about life-cycle housing and he
hopes to line people up to talk about life-cycle housing. He indicated he would like to have Council attend
a presentation so it does not have to be given to Council another time.
Chair Geng asked Director Nielsen if he has given any more thought to having the Planning Commission
take a trip to the City of Chaska to look at the Aeon development. Nielsen stated he will poll the
Commissioners to find out when they would be able to do a tour on a non-meeting night. Geng suggested
inviting Council to come along to tour the development.
9. REPORTS
• Liaison to Council
Council Liaison Woodruff reported on the June 24, 2013, Council meeting (as detailed in the minutes of
that meeting).
• SLUC
Director Nielsen stated he attended the most recent Sensible Land Use Coalition (SLUC) session on June
26. Planning Commissioner Davis also attended as did Finance Director DeJong. The session had to do
with creativity with redevelopment projects. Unfortunately, the session turned out to be a bust.
• Other
None.
10. ADJOURNMENT
Garelick moved, Maddy seconded, Adjourning the Planning Commission Meeting of July 2, 2013,
at 8:56 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
#8A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Conditional Use Permit – Accessory Space in Excess of 1200 Square Feet – Jeff
and Jennifer Ische
Meeting Date: 22 July 2013
Prepared by: Brad Nielsen
Reviewed by: Jean Panchyshyn
Attachments: Planning Director’s Memo
Draft Resolution
Policy Consideration: Should the City approve a conditional use permit for the owners of 25365
Smithtown Road to construct accessory space in excess of 1200 square feet in area, provided the C.U.P.
complies with current zoning requirements?
Background: Jeff and Jennifer Ische propose to build a detached garage on their property, the area of
which, when combined with existing accessory space, exceeds 1200 square feet of floor area. For
detailed background on this application, see attached staff report, dated 27 June 2013, attached.
The Planning Commission held a public hearing on this matter on 2 July, after which it voted
unanimously to recommend in favor of the C.U.P.
Financial or Budget Considerations: None. The applicants’ application fees have covered the City’s
expense in processing the application.
Options: Approve the request as recommended by the Planning Commission; deny the request; or
modify the request.
Recommendation / Action Requested: Staff recommended, and the Planning Commission agreed, that
no extraordinary conditions were necessary for this request. A resolution approving the C.U.P. is
attached for your consideration. Approval is recommended.
Next Steps and Timelines: The applicants have one year to use the C.U.P.
Connection to Vision / Mission: The C.U.P. process and approval of the proposed plans contributes to a
healthy environment and sustainable tax base.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331
Phone: (952) 960-7900 • FAX: (952) 474-0128 • Email: planning@ci.shorewood.mn.us
PLANNING AND PROTECTIVE INSPECTIONS
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
27 June 2013 (rev)
RE:
Ische, Jeff and Jennifer - C.U.P. for Accessory Space in Excess of 1200
Square Feet
FILE NO.:
405 (13.04)
BACKGROUND
Jeff and Jennifer Ische have applied for a conditional use permit to construct a detached garage on
their property, located at 25365 Smithtown Road (see Site Location map - Exhibit A, attached).
The floor area of the new garage, when combined with the Isches’ existing detached garage and
an existing utility shed brings the total area of accessory space on the property over 1200 square
feet. The property is zoned R-1A, Single-Family Residential and contains approximately 87,346
square feet of area. Exhibit B shows the location of existing and proposed buildings on the
property.
The existing house is a walkout rambler with approximately 3000 square feet of floor area above
grade. The existing garage, located east of the house, on the east side of the lot, contains 585
square feet of floor area. The utility shed, located farther back on the property contains 151
square feet. The new garage (see Exhibit C) will be located in a small clearing, north of the
house, just over 60 feet back from the street. It measures 30’ x 32’ and contains 960 square feet,
which brings the total area of accessory space on the site to 1696 square feet.
ANALYSIS/RECOMMENDATION
Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific criteria for
granting this type of conditional use permit. Following is how the applicants’ proposal complies
with the Code:
Memorandum
Re: Ische C.U.P.
27 June 2013
a. The total area of accessory space (1637 square feet) does not exceed the total floor area
above grade of the principle structure (3000 square feet).
b. The total area of accessory space does not exceed ten percent of the minimum lot area for
the R-1A zoning district (.10 x. 40,000 square feet = 4000 square feet).
c. The proposed garage and the existing house comply with the setback requirements of the
R-1A zoning district. The new garage will be approximately 27 feet from the west side of
the property and approximately 62 feet from the front of the lot. Given the size of the
property and the amount of existing vegetation on the site, drainage and landscaping are
not considered to be issues in this request. Although a couple of existing trees will be
removed to accommodate the garage, it will remain well screened from both the street and
adjoining properties (see Exhibit D).
d. As shown on Exhibit E, the materials and design of the new garage will be consistent with
the character of the existing house and garage.
In light of the preceding, the applicants’ request is considered to be consistent with the
requirements of the Shorewood Zoning Code. It is therefore recommended that the conditional
use permit be granted as requested.
Cc: Bill Joynes
Tim Keane
Jeff and Jennifer Ische
-2-
CITY OF SHOREWOOD
RESOLUTION NO. 13-_____
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR CONSTRUCTION OF ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET
OF AREA TO JEFF AND JENNIFER ISCHE
WHEREAS
, Jeff and Jennifer Ische (Applicants) are the owners of real property located
at 25365 Smithtown Road, in the City of Shorewood, County of Hennepin, legally described in
Exhibit A, attached hereto and made a part hereof; and
WHEREAS
, the Applicants have applied to the City for a Conditional Use Permit for the
construction of a detached garage, the area of which when combined with existing accessory
space on the property totals 1696 square feet in area; and
WHEREAS
, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS
, the Applicants’ request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 27
June 2013, which memorandum is on file at City Hall; and
WHEREAS
, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 2 July 2013, the minutes of which
meeting are on file at City Hall; and
WHEREAS
, the Applicants’ request was considered by the City Council at its regular
meeting on 22 July 2013, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Applicants’ property is zoned R-1A, Single-Family Residential and contains
approximately 87,346 square feet of area.
2.The total area of accessory space (1696 square feet) does not exceed the floor area
above grade of the principal structure (3000 square feet – one and a half levels).
3.The total area of accessory space on the property will not exceed 10% of the
minimum lot area for the R-1A/S Zoning District in which it is located (4,000 square feet).
4. The design and materials of the garages are compatible with the architectural
character of the proposed home and existing garage.
-1-
CONCLUSION
A. Based upon the foregoing, the City Council hereby grants the Applicants’ request
for a conditional use permit to construct a detached garage.
B. The City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 22nd day of
July 2013.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
-2-
LEGAL DESCRIPTION:
That part of Lot 5, EUREKA, Hennepin County, Minnesota, lying easterly of the following
described line: Beginning at a point in the northerly line of said Lot 5, distant 105.00 feet
northwesterly of the northeasterly corner thereof; thence southerly to a point in the southerly line
of said Lot 5, distant 200.00 feet westerly of the southeasterly corner thereof and said line there
terminating. Subject to easements of record.
Exhibit A
-3-
#9A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Resolution Accepting Bids and Award of Construction Contract for the 2013 Seal Coat
Project, City Project 13-08
Meeting Date: 7/22/2013
Prepared by: Paul Hornby
Attachments: Resolution, Location Map
Background: The City annually provides for maintenance of City Streets as part of the Street
Reconstruction Fund as a seal coating project. Streets scheduled for the 2013 Seal Coat Project are
listed below and illustrated on the attached map.
Birch Bluff Road, Boulder Ridge Drive, Boulder Bridge Lane, Boulder Circle, Burlwood Court,
Christopher Road, Club Lane, Eureka Road (North and South), Fairway Drive, Lee Circle, Mann
Lane, Maple Leaf Circle, Maple View Court, Meadowview Road, Nelsine Drive, Oak Leaf Trail,
Orchard Circle, Park Lane, Seamans Drive, Shorewood Oaks Drive, Smithtown Road (east of LRT
to CR 19), Sylvan Lane, and Wild Rose Lane.
The 2013 Seal Coat plans and specifications were prepared as a collaborative project effort with the City
of Tonka Bay and the City of Victoria to reduce project costs.
The project bid opening is at the City of Shorewood City Hall on Monday, July 22, 2013, at 9:00 A.M. The
bid results will be presented to the City Council at the regularly scheduled meeting with a bid tabulation
and recommendation letter, and a revised Resolution authorizing award of the contract to the lowest
responsible and responsive bidder. The resolution will be in the format included in this Council Agenda
item with the inclusion of the successful bidder and contract amount.
Financial or Budget Considerations: The Capital Improvement Plan budget in the Street Reconstruction
Fund is $220,000 for the 2013 Project.
Options:
1.Approve the resolution accepting bids and awarding the contract to the lowest responsible and
responsive bidder for the 2013 Seal Coat Project, City Project 13-08.
2.Reject all bids for the 2013 Seal Coat Project, City Project 13-08.
3.Take no action on this item at this time.
Recommendation / Action Requested: Staff recommends approval of the Resolution accepting bids
and awarding the construction contract to the lowest responsible and responsive bidder for the 2013
Seal Coat Project, City Project 13-08.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 13 -___
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE 2013 SEAL COAT PROJECT
CITY PROJECT NO. 13-08
WHEREAS
, pursuant to an advertisement for bids for local improvements
designated as the Seal Coat Project (Chip Seal), City Project No. 13-08, bids were
received, opened on July 22, 2013, tabulated according to law, and such tabulation is
attached hereto and made a part hereof; and
WHEREAS,
the City Council has determined that is the
lowest bidder in compliance with the specifications.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Clerk are hereby authorized and directed to enter
into a contract with in the name of the City of Shorewood,
Project No. 13-08, according to the plans and specifications therefore approved by the
City Council on file in the office of the City Clerk.
2. That the City Clerk is hereby authorized and directed to return forthwith to
all bidders the deposits made with their bids, except for the deposits of the successful
bidder and the next two lowest bidders, which shall be retained until a contract has been
signed.
ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD
this 22nd day of July, 2013.
___________________________
ATTEST: Scott Zerby, Mayor
_______________________________
Jean Panchyshyn, City Clerk
CITY OF SHOREWOOD
RESOLUTION NO. 13-043
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE 2013 SEAL COAT PROJECT
CITY PROJECT NO. 13-08
WHEREAS
, pursuant to an advertisement for bids for local improvements
designated as the Seal Coat Project (Chip Seal), City Project No. 13-08, bids were
received, opened on July 22, 2013, tabulated according to law, and such tabulation is
attached hereto and made a part hereof; and
WHEREAS,
the City Council has determined Allied Blacktop Company is the
lowest bidder in compliance with the specifications.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Clerk are hereby authorized and directed to enter
into a contract with Allied Blacktop Company in the name of the City of Shorewood,
Project No. 13-08, according to the plans and specifications therefore approved by the
City Council on file in the office of the City Clerk.
2. The total project bid is in the amount of $281,224.90 with the City of
Shorewood participating amount $139,464.40, the City of Tonka Bay participating
amount $59,977.00, and the City of Victoria participating amount $81,783.50.
3. That the City Clerk is hereby authorized and directed to return forthwith to
all bidders the deposits made with their bids, except for the deposits of the successful
bidder and the next two lowest bidders, which shall be retained until a contract has been
signed.
ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD
this 22nd day of July, 2013.
___________________________
ATTEST: Scott Zerby, Mayor
_______________________________
Jean Panchyshyn, City Clerk
#9B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Easement for Access, Construction and Maintenance, and Maintenance Declaration
Apple Road Drainage Improvements Project, City Project 11-15.
Meeting Date: July 22, 2013
Prepared by: Paul Hornby
Attachments: Easement for Access, Construction and Maintenance, and Maintenance Declaration
Resolution Authorizing Easement and Maintenance Declaration
Background: The City Council previously approved plans, accepted quotes and awarded the construction
of the Apple Road Creek Restoration Project at the regularly scheduled meeting on May 29, 2012. Since
the award of the project, City staff has been working with the Minnehaha Creek Watershed District on a
resolution for perpetual Easement and Declaration for access, construction, and maintenance of the
constructed improvements. The agreement is a requirement of permitting and funding from the MCWD
for this project. The City already has drainage utility easements over the improvement area through the
subdivision process. The agreement provides restrictions on the Grantor’s use of the easement areas,
and the maintenance declaration provides maintenance obligations of the Grantee, the City of
Shorewood. Please note that one property included in the project area is in the City of Chanhassen.
Easement documents have been reviewed by the MCWD and City Attorneys for this project for
presentation to property owners for their consideration of execution. All five of the property owners
affected by the proposed improvements have reviewed the individual agreements specific to their
parcel and have executed the agreements.
The attached agreement is generic without the property owner’s information, and the Exhibit B of the
agreement identifies the project area. Approval of this Council item will include agreements with all five
of the affected property owners.
Financial or Budget Considerations: The City will have a three year scheduled maintenance program
that will need to be performed under this agreement and perpetual annual inspection and maintenance
of the constructed improvements.
Options:
1.Approve the Easement for Access, Construction and Maintenance, and Maintenance Declaration
for the Apple Road Drainage Improvements Project, City Project 11-15.
2.Take no action on this item at this time.
Recommendation / Action Requested: Staff recommends Council approves the Easement for Access,
Construction and Maintenance, and Maintenance Declaration for the Apple Road Drainage
Improvements Project, City Project 11-15.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE, AND
MAINTENANCE DECLARATION
THIS EASEMENT AND DECLARATION is made by and among [PROPERTY
OWNER(S), a married couple/an individual] (Grantor), the City of Shorewood, a statutory city
and political subdivision of the State of Minnesota (Grantee), and the Minnehaha Creek
Watershed District, a special purposes local governmental unit under Minnesota Statutes
chapters 103B and 103D (District).
RECITALS
A. Grantor is the owner in fee simple of real property platted and legally described in
Exhibit A attached hereto and incorporated herein (Property);
B. Grantor hereby grants to Grantee the Easement and Declaration described herein to
facilitate the channel stabilization shown in Exhibit B, attached to and incorporated into this
easement and declaration (the Project);
C. Completion of the Project benefits Grantor by stabilizing and improving the Property and
benefits the Grantee and the District by establishing long-term reduction of pollution and
phosphorus in stormwater runoff draining to Galpin Lake and Gideon Bay of Lake Minnetonka
and improving water quality for the benefit of the public; and
D. The parties acknowledge in executing this Easement and Declaration that sufficient
consideration has been paid and received by the parties, and this Easement and Declaration sets
forth obligations that are duly binding on each party.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into and
made a part of this Easement and Declaration, and one dollar and other good and valuable
consideration, the parties hereto agree as follows:
1
1.Easement
Grant of Easement
a.. Grantor hereby grants and conveys to Grantee, its successors
and assigns, easements over, under, upon and across that portion of the Property
shown in and described by Exhibit B, attached hereto and incorporated herein, for
purposes of access, construction, and continuing maintenance of the Project (the
Easement). The Easement includes the right to plant, install stabilization techniques,
alter the existing grades and perform grading or filling within the Easement as
necessary to achieve the intended purposes of the Project. The rights granted hereby
include the right of ingress, egress and passage over and through the Easement to
complete and maintain the Project and the right to lay and maintain temporary
utilities across or above the surface of the Easement for purposes of construction and
maintenance of the Project.
Restrictions on Grantor’s Use of Easement.
b. Grantor shall not use the Easement
area or permit the construction of any improvements within the Easement in any
manner that would or could reasonably be expected to damage or interfere with the
Project. Grantor is not divested of the right to use and enjoy the Property and the
Easement area for other purposes, but such use and enjoyment is subject to the
restrictions stated herein and may not interfere with Grantee’s use of the Easement for
the purposes herein expressed.
c.In the event the Property is damaged by the activities of Grantee or its contractors,
agents or assigns relating to, or arising from, the exercise of any of Grantee’s rights
under this Easement, Grantee will promptly repair or restore the damage to the extent
reasonably practicable. Grantee will repair, seed or plant disturbed or damaged areas
with vegetation suitable for the intended uses of the Easement. Grantor agrees and
acknowledges that Grantee is not responsible for any pre-existing conditions on the
Property, environmental or otherwise, or for any damage to the Property arising out
of or related to such preexisting conditions.
2.Declaration; Grantee’s Maintenance Obligations
a.Grantee will maintain the Project as follows:
i.First year following completion of the Project:
1.Watering will occur as needed to ensure new plantings receive approximately
1” of water per week. When feasible, watering will occur early in the morning
and avoided from 12:00 pm to 5:00 pm.
2.The project area will be inspected for weeds at least once every month.
Weeds will be hand pulled or spot treated with aquatic formulations of
herbicide according to instructions on the herbicide label.
ii.Second year following completion of the Project:
1.Watering will occur as needed to ensure plantings receive approximately 1” of
water per week. When feasible, watering will occur early in the morning and
avoided from 12:00 pm to 5:00 pm.
2
2.The project area will be inspected for weeds at least once every month.
Weeds will be hand pulled or spot treated with aquatic formulations of
herbicide according to instructions on the herbicide label.
3.Upland and streambank plantings will be replaced and seeded areas will be
reseeded as necessary in the spring and fall.
iii.Third year following completion of the Project:
1.The project area will be inspected for weeds at least once every two months.
Weeds will be hand pulled or spot treated with aquatic formulations of
herbicide according to instructions on the herbicide label.
2.Upland and streambank plantings will be replaced and seeded areas will be
reseeded as necessary in the spring and fall.
iv.Thereafter:
1.The project area will be inspected at least annually and any erosion or
structural problems observed will be corrected within 30 days of inspection to
establish and maintain a naturalized, ecologically healthy streambank that is
structurally stable and resistant to erosion.
2.Grantee will submit to the MCWD annually a brief written report that
describes the maintenance activities performed, including dates, locations of
inspection, maintenance activities performed; notes on successful species,
weed problems, disturbances issues (animal or human) and management
needs; and photographs of the project area.
3.Removal of invasive species will occur on an ongoing basis. Weeds will be
hand pulled or spot treated with aquatic formulations of herbicide according to
instructions on the herbicide label.
4.All planted and seeded areas will be maintained in perpetuity free from
mowing or other vegetative disturbance, except as specified herein, fertilizer
application, yard or other waste disposal, and the placement of structures or
any other alteration that impedes the function of the streambank in protecting
water quality, shading the riparian edge, moderating flow into any adjacent
wetland or waterbody, or providing wildlife habitat.
5.Upland and streambank plantings will be replaced and seeded areas will be
reseeded as necessary in the spring and fall of each year in accordance with
the approved plan to maintain the ecological health and function of the
streambank.
b.Violation of any provision of this Declaration is a violation of the Declaration as well
as a violation of the District permit for the Project for which the District may take
action against the Grantee and/or owner of the Property.
3. Signage.
Grantee, at its cost, may place informational and educational signage of
appropriate size and characteristics and associated supporting structures of a reasonable
size at a location on the Property visible to the public. Grantor reserves the right to
review and approve any sign to be placed on the Property pursuant to this provision, such
approval not to be unreasonably withheld. Grantor permits Grantee and District
representatives and assigns to enter the Property at reasonable times to inspect the Project
and monitor or take samples for the purposes of assessing the performance of the Project.
On reasonable notice to Grantor, representatives of the Grantee or the District may
accompany members of the public onto the Property to view the Project from time to
3
time. Nothing in this Easement and Declaration will be construed to create a right of
public access to the Property except as coordinated with Grantor and accompanied by a
representative of Grantee or the District.
4. Insurance
. Grantee will require its agents and contractors to carry worker's
compensation insurance as required by applicable law and liability coverage for injury to
or death of a person or persons and for damage to property occasioned by the
performance of the Project. Grantor will remain solely responsible for maintaining
liability and other insurance for its own uses of and authority over the Property.
5. Running with the Land
. This Easement and Declaration runs in perpetuity with the land
and inures to the benefit of and be binding upon the parties hereto and their respective
heirs, successors and assigns including but not limited to all subsequent owners of any
portion of the Property affected by the Easement and Declaration, and all persons
claiming under them.
6. Severability.
If any one or more of the provisions of this Easement and Declaration, or
the applicability of any such provision to a specific situation, is held invalid or
unenforceable, such provision will be modified to the extent necessary to make it or its
application valid and enforceable, and the validity and enforceability of all other
provisions of this Easement and Declaration and all other applications of any such
provision will not be affected thereby.
7. Governing Law.
The Easement and Declaration will be construed and governed by the
laws of the State of Minnesota.
8. No Waiver of Immunity
. No provision of this Easement and Declaration will be
interpreted as a waiver of any statutory or common law immunity from or limitation of
liability available to Grantee or District, all such immunities and limitations being
expressly reserved by Grantee and District.
9. Recording.
Grantee may record and rerecord this Easement and Declaration.
IN WITNESS WHEREOF, the undersigned have executed this Easement and Declaration with
the intent to be legally bound by its terms as of the date this Easement and Declaration is fully
executed by the parties.
GRANTOR:
[NAME(S) OF PROPERTY OWNER(S)]
By ____________________ and
By _____________________
4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this ___ day of ________, 2013, by ___________
and ____________, husband and wife.
_________________________________________
Notary Public
GRANTEE:
City of Shorewood
__________________________________ Date: ________________
By: Scott Zerby
Its: Mayor
__________________________________ Date: _________________
By: William Joynes
Its: City Administrator
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this ___ day of ________, 2013, by Scott
Zerby, as mayor of the City of Shorewood, a municipal corporation under the laws of the State of
Minnesota on behalf of the municipal corporation.
________________________________
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this ___ day of ________, 2013, by
William Joynes as City Administrator of the City of Shorewood, a municipal corporation under
the laws of the State of Minnesota on behalf of the municipal corporation.
________________________________
Notary Public
5
BENEFICIARY:
Minnehaha Creek Watershed District
__________________________________ Date: ________________
By: L. Eric Evenson
Its: Administrator
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this ___ day of ________, 2013, by L.
Eric Evenson, as administrator of the Minnehaha Creek Watershed District, a municipal
corporation under the laws of the State of Minnesota on behalf of the municipal corporation.
________________________________
Notary Public
This document prepared by:
6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B
DESCRIPTION OF STREAMBANK IMPROVEMENT EASEMENT AND
MAINTENANCE AREAS
CITY OF SHOREWOOD
RESOLUTION NO. 13-____
A RESOLUTION AUTHORIZING EASEMENT AND MAINTENANCE
DECLARATION AGREEMENT FOR APPLE ROAD DRAINAGE
IMPROVEMENT PROJECT, CITY PROJECT NO. 11-15
WHEREAS
, pursuant to authorization to construct local drainage improvements
designated as the Apple Road Drainage Improvement (Creek Restoration) Project, quotes
were received, and contract awarded by the City Council on May 29,2012; and
WHEREAS,
the City Council has received partial funding from the Minnehaha
Creek Watershed District for a portion of said improvements; and
WHEREAS,
the watershed district funding agreement requires agreement for
access, construction, maintenance, and a declaration for ongoing maintenance.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Administrator are hereby authorized and directed
to enter into an Easement for Access, Construction and Maintenance, and Maintenance
Declaration with individual property owners for Lots 9, 10, 11, and 12, Block 1,
nd
Woodhaven 2 Addition, and Lot 3, Block 1, Creek in the name of the City of
Shorewood, according to the plans therefore approved by the City Council on file in the
office of the City Clerk.
ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD
nd
this 22 day of July 2013.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
#10A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Rate Study Proposals
Meeting Date: 7/22/13
Prepared by: Bruce DeJong, Finance Director
Reviewed by: Bill Joynes, City Administrator
Attachments: Proposals
Policy Consideration:
Should the City Council select a financial advisory firm to perform utility rate studies?
Background:
The City Council has discussed the enterprise funds at the financial planning retreat earlier this year. These
funds need to be reviewed periodically to determine if they have adequate fund balance, if the rates are
sufficient to support all of the activities they are required to provide, and to determine how to handle any
surplus funds. Staff has been in contact with several financial advisory firms to discuss their ability to perform
rate studies. These firms have provided documentation of the costs and scope of services that their staff can
provide. The City Council should review the proposals to assist in determining which firm to select.
The two firms which have provided proposals are:
Ehlers, Inc. – Roseville, MN
Northland Securities, Inc – Minneapolis, MN
Northland Securities conducted the most recent rate study for the City.
Springsted, Inc. was contacted but declined to provide a quotation due to potential conflict of interest since they
also represent Excelsior, with whom we have a customer relationship for both water and sewer services.
Recommendation / Action Requested:
Staff recommends that the City Council review the materials and make a selection at the meeting of July 22.
Staff believes both firms are well qualified and able to provide adequate services through the proposals
presented.
Next Steps and Timelines:
Once a financial advisor is selected, staff will work with them to prepare rate analyses for each of the four
enterprise funds and utility rate recommendations to be adopted by the City Council.
Connection to Vision / Mission:
This process contributes to excellent financial management by providing high quality, reliable public utility
services at a reasonable cost.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy
environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through
effective, efficient, and visionary leadership. Page 1
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331
Phone: (952) 960-7900 • FAX: (952) 474-0128 • Email: planning@ci.shorewood.mn.us
PLANNING AND PROTECTIVE
NSPECTIONS
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
17 July 2013
RE:
Diseased Tree Program
FILE NO.
405(Natural Resources)
BACKGROUND
Note: This is an update of a memorandum prepared in 2010. Since then staff has been
working on the tree inventory, an effort which took longer than anticipated due to
unavailability of assistance, coupled with a quicker recovery in building department
activity. Meanwhile the Emerald Ash Borer has advanced to within 13 miles of the south
Lake Minnetonka area.
Back in the 1970’s, in response to Dutch Elm Disease, the City adopted diseased tree
regulations, had personnel certified as tree inspectors, and maintained an active diseased
tree enforcement program. Shorewood even went so far as to maintain a diseased elm
burn site where Freeman Park is currently located. Once Dutch Elm had taken its toll,
subsided (it’s still out there), and State financial assistance dried up, the City closed the
burn site, and reduced its inspection/enforcement program, basically to where the City
simply manages its own trees on public property. When the City codified its ordinances a
number of years ago, the diseased tree regulations were dropped.
Enter the Emerald Ash Borer (EAB). As you are no doubt aware, EAB has made it to
Minnesota. In fact suburbs on the east side of the Metropolitan Area have been
documented as having the pest, and three counties in Minnesota (including Hennepin and
Ramsey) have been quarantined. That is, fire wood, ash trees, and ash products cannot be
moved in or out. Experts appear to agree that Minnesota’s substantial ash population will
be devastated in the next 10 years. Most recently, EAB was found at Lakeview Cemetery
Memorandum
Re: Diseased Tree Program
17 July 2013
in Minneapolis, approximately 13 miles from Shorewood as the crow flies. They go on to
say that stopping EAB is futile, and the best that can be done is to slow down its progress.
Copious amounts of information have been published on the topic of EAB, including
numerous websites, bulletins, and news articles. The City’s website includes valuable links
to useful information for Shorewood residents.
DISEASED TREE STRATEGY
Given the value Shorewood places on its natural resources and the extent of tree cover in
the community, it makes sense to develop a proactive strategy for addressing EAB and
other tree maladies. The question is – how proactive? Staff has identified a number of
steps, some of which are quite easy, others of which require various degrees of City
commitment:
I. Education and Awareness. Always a good start, we have already jumped on this
bandwagon. Several newsletter and website articles have been published and EAB
bulletins have been posted in City Hall.
Recommendation: This effort should be increased. It is suggested that the regular spot
on the website be made more prominent, setting forth the City’s rules and policies
relative to diseased trees, publishing current materials from the departments of
Agriculture and Natural Resources, and providing useful information to the public (e.g.
links to more information, tips, etc.).
II. Update City Regulations. Shorewood’s initial Tree Preservation and Reforestation
Policy and ordinance included ash trees as acceptable tree replacements. The City
currently has no regulations pertaining to diseased trees, except for a nuisance provision
that requires the removal of hazardous trees.
Recommendation: The tree preservation policy has been updated to eliminate any kind
of ash tree that is susceptible to EAB (Mountain Ash is not – it is not a true ash). In
addition, it is suggested that the City incorporate a diseased tree ordinance into its Code.
The League of Minnesota Cities has a very good model that could be used as a starting
point for Shorewood’s ordinance. The City Council may wish to direct the Planning
Commission to study and make recommendations regarding the ordinance.
III. Inventory. The old planning axiom “you can’t know what you are going to have
until you know what you’ve already got” applies here. Although we know that ash trees
are a significant part of Shorewood’s existing vegetation, we did not know what
percentage of our tree cover is ash until an inventory was conducted.
Recommendation: A tree inventory conducted by City staff is nearing completion. At
present there is sufficient information to begin discussions of future removal and
replacement costs for coming years. The current tree count (trees larger than 6” DBH)
2
Memorandum
Re: Diseased Tree Program
17 July 2013
for public properties is 7623, with 3557- or 47 percent - ash. It is worth noting that 2432
of those ash trees reside in Freeman Park. This amounts to nearly 70 percent of the trees
in Freeman Park being ash trees.
In light of the overwhelming number of trees in very close proximity, the method used for
counting in Freeman Park was to count several representative areas and extrapolate a
total. The City may wish to commission a more detailed inventory of the park with the
intent of some sort of special program for managing tree removal in the park.
IV. Treatment. While treatment of Dutch Elm in the 70’s was somewhat hit and miss,
chemical treatments for EAB have proven to be quite effective. Information we have
found to date suggests a range of $50- $150 for a two-year treatment. The rule of thumb
seems to be that treating trees for 7-14 years equates fairly closely to the cost of cutting
and removing trees.
Recommendation: Not all trees are recommended for treatment. In fact, experts advise
that cities/residents carefully evaluate their trees and limit chemical treatment to only
specimen trees. There are such trees on City property. For example, ash trees planted
on parking lot islands in Badger Park have grown to a size where they have become quite
useful in parking lot shading. There are also large ash trees in key locations in some of
the parks that could be considered for treatment. If the Council agrees, it is suggested
that the services of a forester or arborist be employed to evaluate trees ear-marked by
staff.
V. Removal. Understandably, cities on the east side of the Metro, and apparently
Three Rivers Park District, have taken a very aggressive approach to the EAB problem.
There seems to be merit in removing ash trees (even healthy ones) over a period of years,
rather than waiting for the trees to die all at once as the pest arrives in the area. Not only
does this spread the financial pain, it also minimizes the impact of removing and disposing
of trees in a very short time span.
Recommendation: One of the better suggestions staff heard at various conferences and
seminars we attended, was to not panic. It was also suggested that if the pest has not yet
arrived, start the removal effort with smaller trees. They are equally susceptible to the
pest, cheaper and less noticeable to remove now, and can be replaced now so that in ten
years they will look like something. Once trees exhibit infestation, they should be
aggressively removed, both on public as well as private property.
VI. Reforestation. The cities aggressively removing trees all seem to have a policy of
replacing them one for one as they go. Some cities are also providing low-cost
replacement trees for their residents to encourage them to replace trees sooner than later.
Shorewood had such a program, twice, several years ago.
Recommendation: It seems appropriate that the City would replace trees removed from
public property. In this regard, the preferred, and most cost-effective, method is bare-
3
Memorandum
Re: Diseased Tree Program
17 July 2013
root planting at optimum times of the year. If the Council is interested in providing trees
to residents, staff can explore the costs of such an effort. Ideally that program would be
revenue neutral.
In the past two years, Shorewood has participated with the cities of Minnetonka and
Plymouth in selling trees to area residents. Deciduous, potted trees were available at a
cost of $65-$75 per tree.
VII. Coordination With Nearby Cities. Intuitively there should be some benefits in
coordinating our efforts with other nearby cities, at minimum the other four South Lake
cities. If nothing else, it may enhance our chances of receiving grant money.
Recommendation: If Council agrees, staff will contact surrounding communities to see
what they are doing relative to EAB and if they are interested in collaborating with
Shorewood.
VIII. Budget. It is difficult to suggest any kind of budget without knowing the direction
the Council may wish to take. As Minneapolis struggled with the issue, they reduced their
initial goal of removing 10 percent of the ash trees per year to five percent.
Recommendation: The preliminary information we have gathered suggests that tree
removal can cost between $400 and $1500 per tree. If the City were to attempt to remove
five percent of its ash trees per year, that would come to 178 trees. Even on the low end
of the spectrum, that would amount to over $70,000 annually. This is where it may be
wise to discuss how much tree removal work might be able to be done by the Public
Works Department.
There have been grants available for tree programs. In fact, we have one in place right
now for $25,000 for removal and replacement.
Given the current budget woes, none of this comes as good news. It is suggested that the
Council set aside a work session to discuss these issues further. Topics of discussion
could include project responsibility, a possible tree committee, waste disposal, and of
course – budget.
Cc: Bill Joynes
Larry Brown
Bruce DeJong
4
#11A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: City Brand/Logo Use Policy
Meeting Date: July 22, 2013
Prepared by: Bill Joynes, City Administrator
CC: Julie Moore, Communications Coordinator
Background:
At the July 8, 2013, City Council meeting, Staff reported that the city has received requests from individuals
in the past for use of the City logo for personal/private purposes. The City has had an unwritten policy of
not providing the logo for non-city events/use. Council agreed that a written policy on the use of City
logos made sense and directed staff to prepare a draft policy.
Attached is a draft City Logos Use Policy for Council’s consideration. A draft request form is also attached,
which individuals could use for making such requests.
Council Action:
Approve the City Logos Use Policy as provided, or with edits as identified by Council.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy
environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through
effective, efficient, and visionary leadership.Page 1
CITY OF SHOREWOOD
City Logos Use Policy
The City of Shorewood Logos are trademarked by the State of Minnesota and cannot be used
by parties outside of the City of Shorewood without written consent by motion of the City
Council.
This policy does not apply to city publications and community events and programs
established by the City which are co-sponsored with outside parties. Examples of such
community events and programs include Arctic Fever, Safety Camp, Fourth of July celebration
and Music/Movie in the Park.
Requests for use of any city logos must be made in writing and must state the name, address,
phone number, email address of the requestor, the purpose for use of the logo, and the
timeframe for its use.
GUIDELINES FOR USE
1.The City of Shorewood logo, Shorewood Trails logo, or any other City logos trademarked
by the State of Minnesota may not be used to endorse any commercial product or
service.
2.The City of Shorewood logos may not be used to solicit funds or other contributions of
monetary value without written consent by motion of the City Council.
3.The City of Shorewood logos may not be used in any manner that could give rise to the
appearance of such endorsement or solicitation.
4.Any use of the logos outside of city events and publications must have written consent
by motion of the City Council.
REQUEST FOR USE OF CITY LOGOS
The City of Shorewood Logos are trademarked by the State of Minnesota and cannot be used by parties
outside of the City of Shorewood without written consent of the City Council.
This policy does not apply to city publications and community events and programs established by the City
which are co-sponsored with outside parties. Examples of such community events and programs include
Arctic Fever, Safety Camp, Fourth of July celebration, and Music/Movie in the Park.
Requests for use of any city logos must be submitted in writing and include the following:
Requestor’s Name: ____________________________________________________________________
Address:_____________________________________________________________________________
City/State/Zip:________________________________________________________________________
Email:_______________________________________________ Phone:__________________________
Identify which Logo and Purpose of Logo Use: ______________________________________________
____________________________________________________________________________________
Time Frame for Logo Use:_______________________________________________________________
GUIDELINES FOR USE
1.The City of Shorewood logo, Shorewood Trails logo, or any other City logos trademarked by the State of
Minnesota may not be used to endorse any commercial product or service.
2.The City of Shorewood logos may not be used to solicit funds or other contributions of monetary value without
written consent by Motion of the City Council.
3.The City of Shorewood logos may not be used in any manner that could give rise to the appearance of such
endorsement or solicitation.
4.Any use of the logos outside of city events and publications must have written consent by motion of the City
Council.
Requestor signature acknowledges the Guidelines for Use indicated above:
______________________________________________________________________________
Requestor’s Signature Date
Approved by motion of the City Council on this ____ day of ____________, ______.
___________________________________
City Authorized Signature
11B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Consideration of the .
Proposal for Silver Lake/ Covington Road Landscape Plan
Meeting Date: July 22, 2013
Prepared by: Larry Brown, Director of Public Works
Attachments: Proposal by WSB and Associates
Policy Consideration: Should the City Council approve the expenditure of funds for a landscape
proposal, and ultimately landscape plantings, at the area known as the Sediment Trap for Silver
Lake?
Background: At the June 10, 2013, regularly scheduled City Council meeting, the City Council
considered a proposal brought forward by WSB and Associates, for preparation of a landscape
plan, for the area shown in the location map of Attachment 1.
During that meeting, it was discussed that the proposal needed to be more specific as to the
objectives of the plan, in addition to evaluating the existing vegetation for long term viability.
The proposal has been revised, and is attached for the City Council’s consideration.
Staff would also like direction from the City Council, as part of the consideration of the type of
landscape materials that may be considered under this proposal, regarding the level of
maintenance or service level desired for this parcel by the City Council.
This property is zoned as part of a Planned Unit Development, in addition to being located
within the Shoreland District of Silver Lake.
Staff has been running into differing direction on how this parcel is to be maintained, as the
Shoreland District suggests that these areas are not to be manicured, but to be left as a natural
buffer, versus a manicured lawn. This is contrary to the considerable amount of input that has
been received that this site is to be mowed and trimmed at the same frequency and manner as
Silverwood Park.
It is estimated that the mowing and trimming crew would spend approximately one hour per
week of time dressing this ground, if it is to be maintained as park land.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
Financial or Budget Considerations: If approved, the total amount of the proposal would be
$2,925.
Funding for this proposal or any future plantings are not items that have been programmed
into any of the operating or capital budgets.
Recommendation / Action Requested: If the City Council desires to move forward with this
project, a motion authorizing the expenditure of funds from the Storm Water Fund would be
appropriate.
In addition Staff desires direction as to the desired level of maintenance for this parcel.