11-27-17 CC Reg Mtg AgendaCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, NOVEMBER 27, 2017
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
B. Review Agenda
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Zerby
Johnson
Labadie
Siakel
Sundberg
2. CONSENT AGENDA — Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. City Council Regular Meeting Minutes of November 13, 2017
B. Approval of the Verified Claims List
C. Approve MOU regarding Union Contract
D. Approve Revised Ordinance No. 549
E. Approve Special Assessment: WAC Charges
F. Accept Donations for Arctic Fever Event
Attachments
Minutes
Claims List
City Administrator Memo
City Administrator Memo
Ordinance and Resolution
City Administrator Memo
Resolution
City Clerk Memo
Resolution
G. Approve Regular Full Time Appointment of Light Equipment Operator Director of Public Works
Memo
H. Approve Regular Full Time Appointment of City Clerk and Planning Director City Administrator
Memo
3. MATTERS FROM THE FLOOR
(No Council Action will be taken)
4. PUBLIC HEARING
A. Vacate a Portion of Drainage and Utility Easements Planning Director's Memo
Applicant: Jack and Gretchen Norqual Resolution
Location: 27964 & 27968 Smithtown Road
CITY COUNCIL REGULAR MEETING AGENDA — November 27, 2017
Page 2
5. REPORTS AND PRESENTATIONS
6. PARKS
7. PLANNING
A. Report by Commissioner Davis on November 7, 2017 Planning Commission Meeting Minutes
B. PUD Amendment Regarding Signage for Shorewood Landing Senior Living Planning Staff Memo
Resolution
C. Preliminary and Final Plat and Variance for Norqual Addition
D. Setback Variance for Keegan Residence at 25830 Birch Bluff Road
E. Setback Variance for Scott Residence at 5915 Galpin Lake Road
8. ENGINEERING /PUBLIC WORKS
A. Agreement to Purchase Jet Vac Sewer Truck
9. GENERAL /NEW BUSINESS
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Monthly Budget Report
2.
F. Mayor and City Council
11. ADJOURN
Planning Staff Memo
Resolution
Planning Staff Memo
Resolution
Planning Staff Memo
Resolution
Public Works Director Memo
Interim Finance Director Memo
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, NOVEMBER 13, 2017
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:02 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson ai
Administrator Lerud; City Clerk Thone; Plannix
Works Brown; and. City Engineer Fauske
Absent: Councilmembers Siakel and Sundberg.
B. Review Agenda
Labadie moved, Johnson seconded, approving the agenda as p
2. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.,
2A
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
ttorney Keane; City
ng; Director of Public
d. Motion passed 310.
Labadie moved, Zerby seconded;, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of October 23, 2017
B. Approval of the Verified Claims List
C. Adopting RESOLUTION NO. 17 -091, "A Resolution Certifying Unpaid Charges on
the 2017 Hennepin County Property Tax Rolls."
D. adopting RESOLUTION NO. 17 -092, "A Resolution Designating 2018 Polling
Precinct Locations for the City of Shorewood."
E. Authorization to Advertise for Public Works Position
F. Holiday Schedule
G. Adopting RESOLUTION NO. 17 -093, "A Resolution Approving Assessment for
26040 Wild Rose Lane, Shorewood.
H. Adopting RESOLUTION NO. 17 -094, "A Resolution Accepting Improvements and
Authorizing Final Payment for the Public Works Ravine Project and Smithtown
Road Storm Sewer Extension, City Project 16 -10."
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 13, 2017
Page 2 of 7
L Adopting RESOLUTION NO. 17 -095, "A Resolution Accepting the Work and
Authorizing Final Payment 2017 Crackfill and Seal Coat Project, City Project 17-
01."
J. Adopting RESOLUTION NO. 17 -096, "A Resolution Accepting Improvements and
Authorizing Final Payment for the 2017 Pavement Marking Project, City Project
17 -02."
K. 2018 Tree Sale
L. Adopting RESOLUTION NO. 17 -097, "A Res
Specifications and Authorizing Advertisement for I
Project, City Project 17 -16."
Motion passed 310.
3. MATTERS FROM THE FLOOR
Andrea Lang, 5960 Mill Street, noted she wanted to come before C
interactions with Council and staff. She had email and phone call exc
sidewalk along Mill Street. She thanked Council and staff for their
initiate discussions regarding that trail segment with members of the
thought it would be difficult to get her neighbors to publicly express su
considered to be an access street; it is a way to get to the City
appreciation for those who are helping her keep the conversation about
Mayor Zerby stated it has been
Administrator Lerud to give an upd
County. Lerud explained that each 3
capital plan. The City submitted the
Lerud met with the County Engcc
as well. That Engineer indicated
n Approving Plans and
)17 Inflow and Infiltration
)uncil in order to personalize her
ranges regarding her request for a
time and also for their efforts to
Excelsior Council. She stated she
)port for a sidewalk. Mill Street is
of Excelsior. She expressed her
i sidewalk going.
allenging to get Excelsior's buy -in for a sidewalk. He asked
on conversations staff has had with representatives from Hennepin
•� Hennepin County solicits project ideas from cities to include in its
(ewalk along Mill Street for inclusion. Zerby explained that he and
nd he thought the Engineer would like there to be a sidewalk there
had met with representatives from St. John's School years ago
Engineer felt somewhat bad that a sidewalk had not yet come to
Mayor Zerby, encouraged Ms. Lang to mail Hennepin County Commissioner Jan Callison and let her
know that Shorewood had applied for the funding assistance from the County to help move the sidewalk
project forward. He noted that he had spoken with Commissioner Callison regarding the trail segment.
Ms. Lang stated some of the emails indicated that there are plans to resurface Mill Street in 2018. She
asked if people were aware of that. Engineer Fauske explained County representatives had reached out to
staff regarding that resurfacing project. She asked the County if it would consider a sidewalk or trail
extension as part of that project; she was told no. Staff will continue to keep those discussions going with
the County.
Mayor Zerby stated if the County helps fund sidewalks or trails it may pay up to 25 percent of the cost for
a sidewalk and 50 percent of the cost of a trail. The County's definition of a trail is an 8 -foot wide
bituminous off - street trail; similar to the one in Chanhassen. He noted the City and Council would like to
see the pedestrian access improved; that it is a priority along Mill Street.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 13, 2017
Page 3 of 7
Councilmember Johnson noted that he will continue to email members of the Excelsior City Council until
he finds some one that is willing to meet.
Ms. Lang stated Excelsior's portion of the roadway is the most dangerous with regard to access.
Mayor Zerby thanked Ms. Lang for coming.
4. PUBLIC HEARING
Non
5.
Non
6.
Non
7.
Non
8.
Dire
Bads
2 foi
Her
-r 1 for the
Inge Order
king lot is
)sts for the
southeast
it inside of
)mmission
for certain
illuminate
until a person pushes the control.
The total cost for those items is $36,854. That would bring the total Project cost to $665,299.85.
Brown noted staff believes the features are necessary and recommends Council approve Change Order 2.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 13, 2017
Page 4 of 7
Councilmember Johnson asked if the player activated light control can turn the lights off should the use of
the field end early. Director Brown responded no and explained that the lights would go off at either the
end time programmed on the button or the override for the master program whichever comes first.
Councilmember Labadie expressed her support for the player activated light control.
Mayor Zerby asked if there would be a way to get any usage reporting. Director Brown stated staff could
compare the light usage for the 2017 season against next year's season. Zerby stated that would be nice to
publicize. Councilmember Johnson stated it would be nice to be able to report the number of light hours
that were saved to the public.
Director Brown stated that after the meeting packet was distributed staff decided that Change Order 2
should be approved via resolution. Staff provided Council with a copy ofd resolution via email and a
copy was also found at the dais.
Zerby moved, Labadie seconded, Adopting RESOLUTION NO. 17 -098, "A Resolution Approving
Change Order No. 2 for the Badger Park Phase 2 Improvement Project, City Project 17 -09."
Motion passed 310.
9. GENERAL /NEW BUSINESS
A. Natural Gas Franchise
Administrator Lerud explained that after numerous &
storm water repairs and improvements Council deci(
revenue source. During its October 23, 2017, meeting
Agreement Ordinance with CenterPoint Energy and
documents was the addition of three customer classi
They were SVDF (smakvolume dual fuel) -A, SVDF-
same $4.00 rate as the commercial light classification.
regarding how to help fund roadway and
ianchise fees would be a good additional
was,provided with a copy of a Franchise
se Fee Ordinance. The only change to the
and associated fees to the Fee Ordinance.
(Dual Fuel or Firm). They were given the
Lerud noted he had received an email from one resident expressing concern that they thought the
franchise fee was a regressive tax. Therefore, he prepared an analysis of where revenue is going to come
from (Council was provided a copy of that analysis).
He explaii
would be
Street Rec
2018. The
analysis was based on the 2018 taxable market value for properties. He calculated what
progressive system
percent of the total
only increase over
irregularly.
street improvements. The planned 2018 transfer from the General Fund into the
Fund is $785,000; about 14.6 percent of the City taxes that will be collected in
c would be based on the account the utility set up. The funding approach is still a
[will be more so over time. There is a heavy reliance property taxes; about 74 — 75
.ilable for street and infrastructure comes from property taxes. That percentage will
e because the City increases its levy. The franchise fee would only be increased
Lerud noted that Council is being asked to approve two Ordinances — Franchise Agreement Ordinance
No. 548 and Franchise Fee Ordinance No. 549. Council is also being asked to adopt a resolution
approving the summary publication of the two Ordinances.
Attorney Keane stated what is being proposed complies with State Statute.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 13, 2017
Page 5 of 7
Councilmember Labadie asked what the resident thought after being provided with the analysis.
Administrator Lerud stated the resident has not yet responded to his email back to them.
Labadie stated Council has been discussing and analyzing franchise fees since at least February 2017.
Staff has compared the proposed franchise fee schedule to other neighboring cities' fees. The proposed
City's fees are not out of line. She thought the franchise fee approach would benefit Shorewood.
Mayor Zerby stated while there is an argument that a franchise fee is like an additional tax the City is
going to need to get money from either increasing the levy or from franchise fees to make the needed
street and storm sewer repairs and improvements. For the most part, he thought the out of pocket dollars
would be the same. He noted that Council only sets the levy at what is needed.
Councilmember Johnson stated that one of the most common
condition of the City's roadways.
Johnson moved, Labadie seconded, Approving ORDINANCE N
CenterPoint Energy Resources Corporation, dba Cente
( "CenterPoint Energy "), Its Successors and Assigns, a Non
Operate, Repair and Maintain Facilities and Equipment for
Manufacture and Sale of Natural Gas for Public and Private U
the City of Shorewood, Minnesota, for Such Purpose, and
Conditions Thereof." Motion passed 310.
Zerby moved, Labadie seconded, Approving C
Shorewood Implementing a Natural Gas Servi
within the City of Shorewood, Hennepin Count
Labadie moved, Johnson seconded, Adopt
Approving the Publication of Ordinance No.
Motion passed 310.
10. ST
and
dents talk about is the
I. 548, "An Ordinance Granting to
Point Energy Minnesota Gas
xclusive Franchise to Construct,
the Transportation, Distribution,
and to Use the Public Ground of
Prescribing Certain Terms and
i,' "An Ordinance of the City of
Providing Natural Gas Service
n passed 310.
OLUTION NO. 17 -079, "A Resolution
Ordinance 549 by Title and Summary."
Director Brown stated the speed buggy display had been set up along Mill Street over the last week. He
thanked the South. Lake Minnetonka Police Department (SLMPD) Police Chief for getting that done. He
noted he is waiting to get the data captured by the speed buggy to use in another speed study. Mayor
Zerby asked if the twb display signs along Country Club Road are both working. Brown noted one is still
out for service and he anticipates the City should receive it in the next day or two.
Engineer Fauske provided an update on various construction projects in the City.
2017 Reclamation Project — The curbs have been poured where Yellowstone Trail intersects with
Country Club Road and with Lake Linden Drive and the backfilling behind the curbs is done. The
seeding of that backfill should be done this week. The contractor is scheduled to install the
blinking stops signs later this week. The contractor is scheduled to disconnect the sump pump
discharge on to Howards Point Road on November 14 because it is creating an icing hazard. The
discharge will be changed to the original location. She has attempted to schedule a meeting with
the president of the Homeowners Association but she has not heard back from him yet.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 13, 2017
Page 6 of 7
• Phase 2 Badger Park Improvements Project — The backfill work behind the curb will be done
before the parking lot is paved. Rock will be put down to get the proper elevation before the first
lift of asphalt is put down on November 15. That asphalt work will begin at the South Shore
Center. The plan is to complete the work by the Center in time for scheduled night time activities
to go on as planned. The work regarding the second lift of asphalt, the sidewalk and the
infiltration basin will be done in 2018.
• Chaska Road Watermain Extension and Street Project — The contractor is working on punch list
items. She met with a resident about restoration work the contractor indicated was complete that
the Oppidan crew has damaged with its vehicles.
• Minnetonka Country Club (MCC) Development Project — The class 5 base for the trails will be
put down in 2017. The curb work and the first lift of asphalt will be done in the spring.
• Metropolitan Council Environmental Services (MCES) Foreemain Repair Project on Tuxedo
Road — The contractor will be directional drilling the new pipe during November and December.
• Minnetrista's Enchanted Lane Street Reclamation Project A 300 -
was not paved because of the MCES Forcemain Repair Project.
• Highway 7 / Vine Hill Road Intersection Improvement Proj
Hill Road (in Deephaven) on to westbound Highway 7 has
work. The signal pole installation will begin in the spring and
• MCES Lift Station 18 Replacement Project — The exteric
parking lot has been paved. The paving at Highway 7 / Chrisl
• Chaska Road resident's concern about traffic speed and tr
received any complaints about speeding: The Carver County
additional patrols on Chaska Road for 30 days with a conc
education. She will follow up after the 30 days is u
Transportation (MnDOT) I
and Highway 7 intersecti(
volume data will be col
Shorewood Landing Senio
Mayor Zerby asked if the roadway;
is only a rock surface. If not, sh
Fauske stated staff will-speak with
traffic safe as drivers move throe
assumed responsibility for the Pha!
during the winter. Director Brown
stated that it would only con;
f crash data supports the ne
ked for Chaska Road after
wing facility is occupied.
ect — The right tt
been intermittentl
result in lane clo!
of Tuxedo Road
from Vine
for utility
work is nearing completion. The
ias Lake Road is complete.
c volume — Chanhassen has not
heriff had been directed to conduct
itration on speed enforcement and
The Minnesota Department of
r a realignment of the Chaska Road
for that change. Speed and traffic
construction traffic ceases and the
the MCC site are safe to drive on because there
Id signs be installed informing drivers of any concerns. Engineer
e developer to ensure they put up appropriate roadway signs to keep
i there during the winter. Zerby stated he thought the City has
1 roads and trails; therefore, he assumes the City needs to plow them
nfirmed that.
Director Darling Mated that a total of about 20 residents attended one of the three open house meetings
held regarding the proposed updates to the Comprehensive Plan. They provided quite a few comments
about what they thought was important over the next 20 years. The City also has a somewhat abbreviated
online survey with similar information regarding the updates. To date there have been 235 respondents.
Residents can respond to the survey through December 8; it will be closed at that time. Councilmember
Johnson asked if there is anything that restricts a person from taking the survey more than one time.
Darling stated based on the responses to date it does not appear that has been an issue.
B. Mayor and City Council
Mayor Zerby noted that he attended a Super Bowl LII Crew 52 ambassadors meeting the previous day.
About 30,000 volunteer applications were received, 15,000 applicants were interviewed and 10,000 were
accepted.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 13, 2017
Page 7 of 7
11. ADJOURN
Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of November 13,
2017, at 7:35 P.M. Motion passed 310.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
AT]
Sam
® #2B
MEETING TYPE
City of Shorewood nib Meeting Item Regular Meeting
Title / Subject: Verified Claims
Meeting Date: November 27, 2017
Prepared by: Michelle Nguyen, Senior Accountant
Greg Lerud, City Administrator
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
64117— 64138 & ACH 364,242.84
Total Claims $364,242.84
We have also included a payroll summary for the payroll period ending November 12, 2017.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents and funds are
budgeted and available for these purposes.
Options:
The City Council is may accept the staff recommendation to pay these claims or may reject any
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
Account Number Debit Amount Credit Amount Description
FUND 101
General Fund
101 -00- 1010 -0000
0.00
51,705.15
CASH AND INVESTMENTS
101 -13- 4101 -0000
10,801.75
0.00
FULL -TIME REGULAR
101 -13- 4103 -0000
307.50
0.00
PART -TIME
101 -13- 4121 -0000
833.19
0.00
PERA CONTRIB - CITY SHARE
101 -13 -4122 -0000
866.33
0.00
FICA CONTRIB - CITY SHARE
101 -13- 4131 -0000
1,601.63
0.00
EMPLOYEE INSURANCE - CITY
101 -13- 4151 -0000
79.51
0.00
WORKERS COMPENSATION
101 -15- 4101 -0000
1,824.50
0.00
FULL -TIME REGULAR
101 -15- 4121 -0000
136.83
0.00
PERA CONTRIB - CITY SHARE
101 -15 -4122 -0000
142.07
0.00
FICA CONTRIB - CITY SHARE
101 -15- 4131 -0000
156.00
0.00
EMPLOYEE INSURANCE - CITY
101 -15- 4151 -0000
10.85
0.00
WORKERS COMPENSATION
101 -18- 4101 -0000
5,332.28
0.00
FULL -TIME REGULAR
101 -18- 4121 -0000
399.92
0.00
PERA CONTRIB - CITY SHARE
101 -18 -4122 -0000
414.07
0.00
FICA CONTRIB - CITY SHARE
101 -18- 4131 -0000
462.12
0.00
EMPLOYEE INSURANCE - CITY
101 -18- 4151 -0000
31.99
0.00
WORKERS COMPENSATION
101 -24- 4101 -0000
4,186.81
0.00
FULL-TIME REGULAR
101 -24- 4121 -0000
314.00
0.00
PERA CONTRIB - CITY SHARE
101 -24 -4122 -0000
271.22
0.00
FICA CONTRIB - CITY SHARE
101 -24- 4131 -0000
515.00
0.00
EMPLOYEE INSURANCE - CITY
101 -24- 4151 -0000
27.64
0.00
WORKERS COMPENSATION
101 -32 -4101 -0000
10,762.34
0.00
FULL -TIME REGULAR
101 -32 -4105 -0000
674.58
0.00
STREET PAGER PAY
101 -32 -4121 -0000
857.77
0.00
PERA CONTRIB - CITY SHARE
101 -32 -4122 -0000
851.74
0.00
FICA CONTRIB - CITY SHARE
101 -32 -4131 -0000
1,899.66
0.00
EMPLOYEE INSURANCE - CITY
101 -32 -4151 -0000
457.89
0.00
WORKERS COMPENSATION
101 -52 -4101 -0000
4,251.02
0.00
FULL -TIME REGULAR
101 -52 -4121 -0000
318.82
0.00
PERA CONTRIB - CITY SHARE
101 -52 -4122 -0000
358.77
0.00
FICA CONTRIB - CITY SHARE
101 -52 -4131 -0000
1,086.61
0.00
EMPLOYEE INSURANCE - CITY
101 -52 -4151 -0000
219.15
0.00
WORKERS COMPENSATION
101 -53- 4101 -0000
1,052.64
0.00
FULL -TIME REGULAR
PR - G/L Distribution Report (11/13/2017 - 11:11 AM) Page 1
Account Number Debit Amount Credit Amount Description
101 -53- 4121 -0000
78.97
0.00
PERA CONTRIB - CITY SHARE
101 -53 -4122 -0000
81.82
0.00
FICA CONTRIB - CITY SHARE
101 -53- 4131 -0000
22.28
0.00
EMPLOYEE INSURANCE - CITY
101 -53- 4151 -0000
15.88
0.00
WORKERS COMPENSATION
FUND Total:
51,705.15
51,705.15
FUND 201
Southshore Center
201 -00- 1010 -0000
0.00
744.33
CASH AND INVESTMENTS
201 -00- 4101 -0000
320.32
0.00
FULL -TIME REGULAR
201 -00- 4103 -0000
340.00
0.00
PART -TIME
201 -00- 4121 -0000
24.02
0.00
PERA CONTRIB - CITY SHARE
201 -00 -4122 -0000
50.40
0.00
FICA CONTRIB - CITY SHARE
201 -00- 4151 -0000
9.59
0.00
WORKERS COMPENSATION
FUND Total:
744.33
744.33
FUND 601
Water Utility
601 -00- 1010 -0000
0.00
5,979.20
CASH AND INVESTMENTS
601 -00- 4101 -0000
4,031.02
0.00
FULL -TIME REGULAR
601 -00 -4102 -0000
227.18
0.00
OVERTIME
601 -00- 4105 -0000
333.19
0.00
WATER PAGER PAY
601 -00- 4121 -0000
344.35
0.00
PERA CONTRIB - CITY SHARE
601 -00 -4122 -0000
338.15
0.00
FICA CONTRIB - CITY SHARE
601 -00- 4131 -0000
588.79
0.00
EMPLOYEE INSURANCE - CITY
601 -00- 4151 -0000
116.52
0.00
WORKERS COMPENSATION
FUND Total:
5,979.20
5,979.20
FUND 611
Sanitary Sewer Utility
611 -00- 1010 -0000
0.00
6,805.07
CASH AND INVESTMENTS
611 -00- 4101 -0000
4,802.15
0.00
FULL -TIME REGULAR
611 -00 -4102 -0000
181.74
0.00
OVERTIME
611 -00- 4105 -0000
333.19
0.00
SEWER PAGER PAY
611 -00- 4121 -0000
398.78
0.00
PERA CONTRIB - CITY SHARE
611 -00 -4122 -0000
374.02
0.00
FICA CONTRIB - CITY SHARE
611 -00- 4131 -0000
588.79
0.00
EMPLOYEE INSURANCE - CITY
611 -00- 4151 -0000
126.40
0.00
WORKERS COMPENSATION
FUND Total:
6,805.07
6,805.07
FUND 621 Recycling Utility
621 -00- 1010 -0000 0.00 401.35 CASH AND INVESTMENTS
621 -00- 4101 -0000 284.57 0.00 FULL -TIME REGULAR
621 -00- 4121 -0000 21.35 0.00 PERA CONTRIB - CITY SHARE
PR - G/L Distribution Report (11/13/2017 - 11:11 AM) Page 2
Account Number Debit Amount Credit Amount Description
621 -00 -4122 -0000
21.94
0.00
FICA CONTRIB - CITY SHARE
621 -00- 4131 -0000
71.73
0.00
EMPLOYEE INSURANCE - CITY
621 -00- 4151 -0000
1.76
0.00
WORKERS COMPENSATION
FUND Total:
401.35
401.35
FUND 631
Storm Water Utility
631 -00- 1010 -0000
0.00
909.49
CASH AND INVESTMENTS
631 -00- 4101 -0000
744.09
0.00
FULL -TIME REGULAR
631 -00- 4121 -0000
55.82
0.00
PERA CONTRIB - CITY SHARE
631 -00 -4122 -0000
54.42
0.00
FICA CONTRIB - CITY SHARE
631 -00- 4131 -0000
48.02
0.00
EMPLOYEE INSURANCE - CITY
631 -00- 4151 -0000
7.14
0.00
WORKERS COMPENSATION
FUND Total:
909.49
909.49
FUND 700
Payroll Clearing Fund
700 -00- 1010 -0000
66,544.59
0.00
CASH AND INVESTMENTS
700 -00- 2170 -0000
0.00
33,532.21
GROSS PAYROLL CLEARING
700 -00- 2171 -0000
0.00
6,575.64
HEALTH INSURANCE PAYABLE
700 -00 -2172 -0000
0.00
5,122.07
FEDERAL WITHHOLDING PAYABLE
700 -00- 2173 -0000
0.00
2,198.66
STATE WITHHOLDING PAYABLE
700 -00- 2174 -0000
0.00
7,649.90
FICA/MEDICARE TAX PAYABLE
700 -00- 2175 -0000
0.00
7,063.14
PERA WITHHOLDING PAYABLE
700 -00- 2176 -0000
0.00
1,699.52
DEFERRED COMPENSATION
700 -00- 2177 -0000
0.00
1,104.32
WORKERS COMPENSATION
700 -00- 2180 -0000
0.00
536.46
LIFE INSURANCE
700 -00 -2182 -0000
0.00
326.90
UNION DUES
700 -00- 2183 -0000
0.00
735.77
HEALTH SAVINGS ACCOUNT
FUND Total:
66,544.59
66,544.59
Report Total: 133,089.18 133,089.18
PR - G/L Distribution Report (11/13/2017 - 11:11 AM) Page 3
Accounts Payable
Computer Check Proof List by Vendor
User: mnguyen
Printed: 11/13/2017 - 12:30PM
Batch: 00002.11.2017 - PR -11 -13 -2017
Invoice No Description
Amount Payment Date Acct Number
Reference
Vendor: 12
AFSCME MN COUNCIL 5 - UNION DUES
Check Sequence: 1
ACH Enabled: True
November -2017
PR Batch 00001.11.2017 Union Dues
326.90
11/13/2017
700 -00- 2182 -0000
PR Batch 00001.11.2017 Union Dues
Check Total:
326.90
Vendor: 5
EFTPS - FEDERAL W/H
Check Sequence: 2
ACH Enabled: True
PR -11 -13 -2017
PR Batch 00001.11.2017 Federal Income Tax
5,122.07
11/13/2017
700 -00- 2172 -0000
PR Batch 00001.11.2017 Federal Income 'I
PR -11 -13 -2017
PR Batch 00001.11.2017 FICA Employee Portio
3,099.98
11/13/2017
700 -00- 2174 -0000
PR Batch 00001.11.2017 FICA Employee
PR -11 -13 -2017
PR Batch 00001.11.2017 FICA Employer Portioi
3,099.98
11/13/2017
700 -00- 2174 -0000
PR Batch 00001.11.2017 FICA Employer I
PR -11 -13 -2017
PR Batch 00001.11.2017 Medicare Employee Pc
724.97
11/13/2017
700 -00- 2174 -0000
PR Batch 00001.11.2017 Medicare Emplo,
PR -11 -13 -2017
PR Batch 00001.11.2017 Medicare Employer Po
724.97
11/13/2017
700 -00- 2174 -0000
PR Batch 00001.11.2017 Medicare Emplo,
Check Total:
12,771.97
Vendor: 2
ICMA RETIREMENT TRUST - 302131 -457
Check Sequence: 3
ACH Enabled: False
PR -11 -13 -2017
PR Batch 00001.11.2017 Deferred Comp Flat Ar
1,550.00
11/13/2017
700 -00- 2176 -0000
PR Batch 00001.11.2017 Deferred Comp F
PR -11 -13 -2017
PR Batch 00001.11.2017 Deferred Comp Percen
149.52
11/13/2017
700 -00- 2176 -0000
PR Batch 00001.11.2017 Deferred Comp F
Check Total:
1,699.52
Vendor: 11
MINNESOTA DEPARTMENT OF REVENUE
Check Sequence: 4
ACH Enabled: True
PR -11 -13 -2017
PR Batch 00001.11.2017 State Income Tax
2,198.66
11/13/2017
700 -00- 2173 -0000
PR Batch 00001.11.2017 State Income Tax
Check Total:
2,198.66
Vendor: 7
MINNESOTA LIFE
Check Sequence: 5
ACH Enabled: True
Helgesen -2017
PR Batch 00001.11.2017 Life Insurance
-27.70
11/13/2017
700 -00- 2180 -0000
PR Batch 00001.11.2017 Life Insurance
Moore -2017
PR Batch 00001.11.2017 Life Insurance
-29.70
11/13/2017
700 -00- 2180 -0000
PR Batch 00001.11.2017 Life Insurance
November -2017
PR Batch 00001.11.2017 Life Insurance
520.46
11/13/2017
700 -00- 2180 -0000
PR Batch 00001.11.2017 Life Insurance
Check Total:
463.06
Vendor: 10
NCPERS MINNESOTA
Check Sequence: 6
ACH Enabled: False
November -2017
PR Batch 00001.11.2017 PERA Life
16.00
11/13/2017
700 -00- 2180 -0000
PR Batch 00001.11.2017 PERA Life
AP- Computer Check Proof List by Vendor (11/13/2017 - 12:30 PM) Page 1
Invoice No Description Amount Payment Date Acct Number Reference
AP- Computer Check Proof List by Vendor (11/13/2017 - 12:30 PM)
ACH Enabled: True
PR Batch 00001.11.2017 HSA - OPTUM B.
ACH Enabled: True
PR Batch 00001.11.2017 MN -PERA Dedu
PR Batch 00001.11.2017 MN PERA Benel
Page 2
Check Total:
16.00
Vendor: 665
OPTUM BANK
Check Sequence: 7
PR -11 -13 -2017
PR Batch 00001. 11.2017 HSA - OPTUM BANK
735.77
11/13/2017 700 -00- 2183 -0000
Check Total:
735.77
Vendor: 9
PERA
Check Sequence: 8
PR -11 -13 -2017
PR Batch 00001.11.2017 MN -PERA Deduction
3,279.32
11/13/2017 700 -00- 2175 -0000
PR -11 -13 -2017
PR Batch 00001.11.2017 MN PERA Benefit Em
3,783.82
11/13/2017 700 -00- 2175 -0000
Check Total:
7,063.14
Total for Check Run:
25,275.02
Total of Number of Checks:
8
AP- Computer Check Proof List by Vendor (11/13/2017 - 12:30 PM)
ACH Enabled: True
PR Batch 00001.11.2017 HSA - OPTUM B.
ACH Enabled: True
PR Batch 00001.11.2017 MN -PERA Dedu
PR Batch 00001.11.2017 MN PERA Benel
Page 2
Accounts Payable
Computer Check Proof List by Vendor
User: mnguyen
Printed: 11/21/2017 - 10:44AM
Batch: 00003.11.2017 - CC -11 -27 -2017
Invoice No Description
Amount Payment Date Acct Number
Reference
Vendor: 105
ADVANCED IMAGING SOLUTIONS
Check Sequence: 1
ACH Enabled: True
INV 149949
Monthly Maint- Konica Minolta
104.00
11/27/2017
101 -13- 4221 -0000
Check Total:
104.00
Vendor: 877
BB &T GOVERNMENTAL FINANCE
Check Sequence: 2
ACH Enabled: False
2017A- EDA -Nov17
City Hall Improvements Rev Ref Bond Series 2C
65,000.00
11/27/2017
310 -00- 4701 -0000
2017A- EDA -Nov17
City Hall Improvements Rev Ref Bond Series 2C
14,891.25
11/27/2017
310 -00- 4711 -0000
Check Total:
79, 891.25
Vendor: 137
CENTURY LINK
Check Sequence: 3
ACH Enabled: False
612E451785 -NO17
612 -E45- 1785 -Bldr Brdg
294.00
11/27/2017
601 -00- 4396 -0000
612E458019 -NO17
612 -E45- 8019 -SE Areas
220.50
11/27/2017
601 -00- 4398 -0000
Check Total:
514.50
Vendor: 145
CITY OF GREENWOOD
Check Sequence: 4
ACH Enabled: False
Street - Nov -17
Minnetonka Blvd Street Improvement
3,974.00
11/13/2017
404 -00- 4680 -0000
Check Total:
3,974.00
Vendor: 150
CLASSIC CLEANING COMPANY
Check Sequence: 5
ACH Enabled: False
25881
City Hall Monthly Svc
495.00
11/27/2017
101 -19- 4400 -0000
25882
Public Works Monthly Svc
295.00
11/27/2017
101 -32- 4400 -0000
Check Total:
790.00
Vendor: UB *00146
Derek & Rachel Dahlen
Check Sequence: 6
ACH Enabled: False
Refund Check
15.79
11/15/2017
601 -00- 2010 -0000
Refund Check
18.42
11/15/2017
611 -00- 2010 -0000
Refund Check
7.90
11/15/2017
631 -00- 2010 -0000
Refund Check
7.89
11/15/2017
621 -00- 2010 -0000
AP- Computer Check Proof List by Vendor (11/21/2017 - 10:44 AM) Page 1
Invoice No Description Amount Payment Date Acct Number Reference
AP- Computer Check Proof List by Vendor (11/21/2017 - 10:44 AM) Page 2
Check Total:
50.00
Vendor: 167
ECM PUBLISHERS INC
Check Sequence: 7
ACH Enabled: True
546089
Vacate Easements - Norqual
105.75
11/27/2017
101 -18- 4351 -0000
546238
Vacate Easements - Norqual
69.39
11/27/2017
101 -18- 4351 -0000
Check Total:
175.14
Vendor: 219
ELLY PIEPER
Check Sequence: 8
ACH Enabled: False
10 -31 -2017
SSC- Tablecloths
96.00
11/27/2017
201 -00- 4400 -0000
11 -14 -2017
SSC - Tablecloths
60.00
11/27/2017
201 -00- 4400 -0000
Check Total:
156.00
Vendor: 874
MARC & KERRY HEXUM
Check Sequence: 9
ACH Enabled: False
5205HPR- No2017
Escrow Refund - 5205 Howards Point Road
300.00
11/27/2017
880 -00- 2200 -0000
Check Total:
300.00
Vendor: 226
INTEGRATED FIRE & SECURITY
Check Sequence: 10
ACH Enabled: False
71260
Alarm Troubleshoot
286.25
11/27/2017
101 -19- 4400 -0000
Check Total:
286.25
Vendor: 239
KENNEDY & GRAVEN CHARTERED
Check Sequence: 11
ACH Enabled: False
140014
Ron Johnson Litigation
41.25
11/27/2017
101 -16- 4304 -0000
Check Total:
41.25
Vendor: 251
LAKE MINNETONKA CONSERVATION DIS7
Check Sequence: 12
ACH Enabled: True
4th Qtr- 2017 -Levy
Quarterly Levy Payment
7,680.75
11/13/2017
101 -11- 4433 -0000
Check Total:
7,680.75
Vendor: 13
LEAGUE OF MINNESOTA CITIES INSURAT
Check Sequence: 13
ACH Enabled: False
40001556 - 11082017
City Hall- Acct#40001556
62,754.00
11/27/2017
101 -19- 4360 -0000
Acct#40001556
Check Total:
62,754.00
Vendor: 876
MARK & KARLEEN LESLIE
Check Sequence: 14
ACH Enabled: False
28241B1drCir
CUP /Variance Application - 28241 Bldr Cir
104.00
11/27/2017
101 -00- 3413 -0000
Check Total:
104.00
AP- Computer Check Proof List by Vendor (11/21/2017 - 10:44 AM) Page 2
Invoice No Description Amount Payment Date Acct Number Reference
Vendor: 279
METROPOLITAN COUNCIL (WASTEWATE_
Check Sequence: 15
ACH Enabled: True
1073840
Monthly Waste Water Svc
57,558.27
11/13/2017
611 -00- 4385 -0000
Check Total:
57,558.27
Vendor: 453
METROPOLITAN COUNCIL (SAC)
Check Sequence: 16
ACH Enabled: False
October -2017
Monthly SAC Report
2,460.15
11/27/2017
611 -00- 2082 -0000
Check Total:
2,460.15
Vendor: 305
MNSPECT, LLC
Check Sequence: 17
ACH Enabled: True
7185
Inspection Services
2,030.00
11/27/2017
101 -24- 4400 -0000
Check Total:
2,030.00
Vendor: UB *00147
Joseph Molland
Check Sequence: 18
ACH Enabled: False
Refund Check
67.62
11/15/2017
611 -00- 2010 -0000
Refund Check
28.98
11/15/2017
631 -00- 2010 -0000
Refund Check
28.98
11/15/2017
621 -00- 2010 -0000
Check Total:
125.58
Vendor: 331
JOSEPH PAZANDAK
Check Sequence: 19
ACH Enabled: True
10 -08 -17 -Copy
Copy House Plans
38.71
11/27/2017
101 -24- 4351 -0000
2017 - Certificat
Building Official Certification
65.00
11/27/2017
101 -24- 4331 -0000
8 -17 -17 -Copy
Copy House Plans
33.75
11/27/2017
101 -24- 4351 -0000
August -2017
Monthly Mileages Reimbursement
151.41
11/27/2017
101 -24- 4331 -0000
October -2017
Monthly Mileages Reimbursement
195.28
11/27/2017
101 -24- 4331 -0000
September -2017
Monthly Mileages Reimbursement
233.26
11/27/2017
101 -24- 4331 -0000
Check Total:
717.41
Vendor: 685
BRENDA PRICCO
Check Sequence: 20
ACH Enabled: True
November -2017
Wellsness Expense
40.00
11/27/2017
101 -13- 4101 -0000
Check Total:
40.00
Vendor: 337
PYRAMID HOME SPECIALTIES
Check Sequence: 21
ACH Enabled: False
1205
Lawn Care Svc
3,965.00
11/27/2017
101 -32- 4400 -0000
Check Total:
3,965.00
Vendor: 360
SOUTH LAKE MINNETONKA POLICE DEPA
Check Sequence: 22
ACH Enabled: False
December - 2017 -013
Monthly- Operating Budget Exp
98,125.00
11/13/2017
101 -21- 4400 -0000
Oct - 2017 -HCPF
Monthly -Henn Cry Process Fee
333.42
11/13/2017
101 -21- 4400 -0000
AP- Computer Check Proof List by Vendor (11/21/2017 - 10:44 AM) Page 3
Invoice No Description Amount Payment Date Acct Number Reference
AP- Computer Check Proof List by Vendor (11/21/2017 - 10:44 AM) Page 4
Check Total:
98,458.42
Vendor: 657
SUMMIT COMPANIES
Check Sequence: 23
ACH Enabled: False
1216907
Annual Security Svc
569.50
11/27/2017
101 -32- 4400 -0000
Check Total:
569.50
Vendor: 390
UPS
Check Sequence: 24
ACH Enabled: False
yf0671457
Parts Pick up
46.12
11/27/2017
101 -32- 4208 -0000
19455VineRidge
Check Total:
46.12
11/27/2017
101 -00- 2085 -0000
Vendor: 392
VALLEY -RICH CO. INC.
76.00
Check Sequence: 25
ACH Enabled: False
24843
Services
4,639.51
11/27/2017
601 -00- 4400 -0000
ACH Enabled: True
5145317119 - 112017
Check Total:
4,639.51
11/27/2017
101 -19- 4380 -0000
C.H.Svcs
Vendor: 421
VERIZON WIRELESS
328.23
11/27/2017
Check Sequence: 26
ACH Enabled: False
9795508486
Sewer & Water - Acct842017386
48.70
11/27/2017
601 -00- 4321 -0000
Acct #842017386 -00001
9795508486
Sewer & Water - Acct842017386
48.70
11/27/2017
611 -00- 4321 -0000
Acct #842017386 -00001
9795508486
S & W Lines- Acct842017386
48.70
11/27/2017
631 -00- 4321 -0000
Acct #842017386-00001
AP- Computer Check Proof List by Vendor (11/21/2017 - 10:44 AM) Page 4
Check Total:
146.10
Vendor: 415
WARNER CONNECT
Check Sequence: 27
ACH Enabled: True
29934919
Monthly Network Maint Services
2,698.60
11/13/2017
101 -19- 4321 -0000
Check Total:
2,698.60
Vendor: 875
WS & D PERMIT SERVICE
Check Sequence: 28
ACH Enabled: False
19455VineRidge
Cancel Permit 19455 Vine Ridge Road
75.00
11/27/2017
101 -00- 3221 -0000
19455VineRidge
Cancel Permit 19455 Vine Ridge Road
1.00
11/27/2017
101 -00- 2085 -0000
Check Total:
76.00
Vendor: 411
XCEL ENERGY, INC.
Check Sequence: 29
ACH Enabled: True
5145317119 - 112017
C.H.Svcs
425.20
11/27/2017
101 -19- 4380 -0000
C.H.Svcs
5145317119 - 112017
P.W. Bldg Svc
328.23
11/27/2017
101 -32- 4380 -0000
P.W. Bldg Svc
5145317119 - 112017
P.W. Street Lights Svc
3,022.76
11/27/2017
101 -32- 4399 -0000
P.W. Street Lights Svc
5145317119 - 112017
Parks
371.46
11/27/2017
101 -52- 4380 -0000
Parks
5145317119 - 112017
Amesbury
1,466.43
11/27/2017
601 -00- 4394 -0000
Amesbury
5145317119 - 112017
Boulder Bridge
1,138.71
11/27/2017
601 -00- 4396 -0000
Boulder Bridge
5145317119 - 112017
S.E. Area Svc
495.66
11/27/2017
601 -00- 4398 -0000
S.E. Area Svc
5145317119 - 112017
Street Lights
505.75
11/27/2017
611 -00- 4380 -0000
Street Lights
AP- Computer Check Proof List by Vendor (11/21/2017 - 10:44 AM) Page 4
Invoice No Description Amount Payment Date Acct Number Reference
5175061613 -No17 24253 Smithtown Rd
5191102220 -No17 5735 Country Club Rd
Check Total:
Total for Check Run:
Total of Number of Checks:
AP- Computer Check Proof List by Vendor (11/21/2017 - 10:44 AM)
255.98 11/27/2017 601 -00- 4395 -0000
605.84 11/27/2017 201 -00- 4380 -0000
8,616.02
338,967.82
29
24253 Smithtown Rd
5735 Country Club Rd
Page 5
#2C
MEETING TYPE
City of Shorewood Council Meeting Item REGULAR
Title / Subject: 2018 AFSCME Contract Reopener
Meeting Date: November 27, 2017
Prepared by: Greg Lerud, City Administrator
Attachments: Memorandum of Understanding
Policy Consideration: Should the City Council approve the 2018 AFSCME contract re- opener?
Background: When the last AFSCME contract between the city and Public Works was negotiated, the
contract called for a reopener for 2018 so health insurance premium contributions could be negotiated
for the final year of the contract. At the time negotiations were going on, there was a great deal of
uncertainty about what health insurance premiums were going to do in 2018, so the decision was made
to discuss the issue at this time and arrive at an agreement .
Financial or Budget Considerations: The proposed re- opener agreement, attached to this memo,
provides for a monthly increase of $50 over the 2017 contribution amounts toward health insurance
premiums and HSA account. This amount is consistent with all other non -union employees eligible for
health insurance through the city, and these amounts were included in the approved 2018 preliminary
budget.
Options: Approve the reopener agreement as presented or reject the agreement and give staff
direction to renegotiate.
Recommendation / Action Requested: Approve the contract reopener agreement as presented.
Next Steps and Timeline: If approved, staff will provide the union a signed copy of the agreement.
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
2018 CITY OF SHOREWOOD AND AFSCME LOCAL #224 CONTRACT RE- OPENER AGREEMENT
Article 20, Section 3 a. of the 2017 -2018 approved contract between the City of Shorewood and
AFSCME, Local #224 states:
a. In 2017 the Employer shall provide up to $1030 per month to regular full -time employees for
coverage stated in Section 1 above. An employee who elects coverage under the Health Savings
Account that, combined with other benefits, results in a total cost that is less than the
contribution level, shall have the balance applied toward their Health Savings Account up to a
maximum of $2,500 for the year, or $208 per month. This amount shall be deposited in to the
members HSA account at the start of the New Year. Regular part -time employees working more
than 20 hours per week shall be entitled to pro -rated contribution. The Employer and Union agree
to reopen negotiations for the 2018 Employer contribution amount.
For the 2018 contract year, the parties agree that Article 20, Section 3 a. of the agreement be amended
to read:
In 2018 the Employer shall provide up to $1080 per month to regular full -time employees for coverage
stated in Section 1 above. An employee who elects coverage under the Health Savings Account that,
combined with other benefits, results in a total cost that is less than the contribution level, shall have the
balance applied toward their Health Savings Account up to a maximum of $2,500 for the year, or $208
per month. This amount shall be deposited in to the members HSA account at the start of the New Year.
Regular part -time employees working more than 20 hours per week shall be entitled to pro -rated
contribution.
Both parties represent that they have had the opportunity to review the proposal and approval by Local
#224 shall be confirmed by signing the acknowledgement and the City of Shorewood acceptance shall
be upon approval of the City Council.
E, LOCAL #224
Grg Fa 'ng, Union St and
Katetlack, AFSCME Field Representative
CITY OF SHOREWOOD
Scott Zerby, Mayor
Sandie Thone, City Clerk
Date
Date
#2D
MEETING TYPE
City of Shorewood Council Meeting Item REGULAR
Title / Subject: Revising Ordinance No. 549
Meeting Date: November 27, 2017
Prepared by: Greg Lerud, City Administrator
Reviewed by: Tim Keane, City Attorney
Attachments: Revised Ordinance No. 549
Policy Consideration: Should the City Council approve a revised Ordinance No. 549?
Background: At the November 13 City Council meeting, the council approved Ordinance No. 549 which
set the fees for the natural gas franchise. Prior to the meeting, representatives from CenterPoint Energy
advised that there were additional business account categories that needed to be included in the
franchise fee ordinance. Due to a miscommunication, these new categories had the wrong fee
attached. The new categories are the biggest users of natural gas and should have had the highest
franchise fee, rather than the residential rate.
The only change to Ordinance 549 that approved at the November 13 meeting and this revised
Ordinance, is Section 3.1. The residential franchise fee is unchanged at $4.00 per month.
Financial or Budget Considerations: The commercial accounts are a small percentage of the overall
number of accounts so the increase in revenue is minimal.
Options: Approve the revised ordinance as presented, or change the proposed rates.
Recommendation / Action Requested: Approve the revised ordinance as presented.
Next Steps and Timeline: Staff will send this revised ordinance to CenterPoint on Nov. 28. Having to
pass this revised ordinance does not impact the timeline for implementation.
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
ORDINANCE NO. 549 (revised)
CITY OF SHOREWOOD
AN ORDINANCE OF THE CITY OF SHOREWOOD IMPLEMENTING A
NATURAL GAS SERVICE FRANCHISE FEE FOR PROVIDING NATURAL
GAS SERVICE WITHIN THE CITY OF SHOREWOOD, HENNEPIN COUNTY,
MINNESOTA
The City Council of the City of Shorewood hereby ordains as follows:
Section 1. Purpose. The Shorewood City Council has determined that it is in the best
interest of the City to impose franchise fees on the utility company that provides natural
gas service within the rights -of -way of the City. Pursuant to Minnesota Statutes, Section
216B.36 and the Franchise Ordinance, the City has the authority and right to impose
franchise fees on the Company. The purpose of this ordinance is to establish such
franchise fees to be paid to the City by the Company. The franchise fees will be used to
partially fund the Cities cost to maintain the city street system.
Section 2. Definitions.
For the purposes of this Ordinance, the following capitalized terms shall have the
following meanings:
2.1 City. The City of Shorewood, County of Hennepin, State of Minnesota.
2.2 Company. CenterPoint Energy Resources Corp.; dba CenterPoint Energy
Minnesota Gas, its successors and assigns.
2.3 Franchise Ordinance. The franchise ordinance adopted by the City on
November 13, 2017, City Ordinance No. 548.
2.4 Notice. "Notice" means a writing served by any party or parties on any other
party or parties. Notice to CenterPoint Energy shall be mailed to: CenterPoint
Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, MN
55402.
Notice to City shall be mailed to the City Administrator, City of Shorewood, 5755
County Club Road, Shorewood, MN 55331 -8926.
Section 3. Natural Gas Franchise Fee.
3.1 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on
the Company as described below, and in accordance with the following fee
schedule:
1
4852 - 6913- 2619.1
Customer Classification
Residential
Com —A
Com/Ind -B
Com/Ind -C
SVDF -A
SVDF -B
LG (Dual Fuel or Firm)
3.2 Account Fee.
Amount per Account per Month ($)
$ 4.00
$ 4.00
$10.00
$25.00
$25.00
$25.00
$25.00
a) This fee is an account based fee and not a meter based fee. In the event that an
entity covered by this ordinance has more than one meter, but only one
account, only one fee shall be assessed to that account. In the event any
entities covered by this ordinance have more than one account, each account
shall be subject to the appropriate fee. In the event a question arises as to the
proper fee amount for any account, the highest possible fee amount shall
apply.
c) Separately metered space rented to tenants other than the owner shall pay a
fee for each tenant meter.
3.3 Payment. Franchise fees are to be collected by the Company commencing with
the beginning of the billing month that occurs ninety days following notice to the
Company, consistent with the Minnesota Public Utility Commission's March 23,
2011 Order establishing franchise fee filing requirements in Docket No.
E,G999 /CI -09 -970, and submitted to the City in accordance with the following
schedule, provided that the notice and publication requirements in Section 3.7
below have been met:
January — March collections due by April 30.
April — June collections due by July 31.
July — September collections due by October 31.
October — December collections due by January 31.
3.4 Record Support for Payment. The Company shall make each payment when
due and, if requested by the City, shall provide a statement summarizing how the
franchise fee payment was determined, including information showing any
adjustments to the total made to account for any non - collectible accounts, refunds
or error corrections. The Company shall permit the City, and its representatives,
access to the Company records for the purpose of verifying such statements.
2
4852 - 6913- 2619.1
3.5 Payment Adjustments. Payment to the City will be adjusted where the
Company is unable to collect the franchise fee. This includes non - collectible
accounts.
3.6 Surcharge. The City recognizes that the Minnesota Public Utilities Commission
may allow the Company to add a surcharge to customer rates of city residents to
reimburse the Company for the cost of the fee.
Section 4. Dispute Resolution. If either party asserts that the other party is in default
in the performance of any obligation hereunder, the complaining party shall notify
the other party of the default and the desired remedy. The notification shall be
written. Representatives of the parties must promptly meet and attempt in good faith
to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days
of the written Notice, the parties may jointly select a mediator to facilitate further
discussion. The parties will equally share the fees and expenses of this mediator. If
a mediator is not used or if the parties are unable to resolve the dispute within 30
days after first meeting with the selected mediator, either party may commence an
action in District Court to interpret and enforce this Franchise or for such other relief
as may be permitted by law or equity.
Section 5. Effective Date of Franchise Fee. The effective date of this Ordinance
shall be after its publication and ninety (90) days or more after sending written
notice enclosing a copy of this adopted Ordinance to Company by certified mail.
Collection of the fee shall commence as provided above.
Section 6. Relation to Franchise Ordinances. This ordinance is enacted in
compliance with the Franchise Ordinance and shall be interpreted as such.
Section 7. Periodic Review. The City Council shall review this ordinance every
two years in whatever manner the City Administrator then determines to be
appropriate. Failure to review this ordinance shall not in any way invalidate or
limit it.
Section 8. Publication. That this Ordinance shall be published and take effect as
provided by law.
Adopted this day of 2017 by the City Council of the City of
Shorewood.
Scott Zerby
Mayor
3
4852 - 6913- 2619.1
Sandie Thone
City Clerk
4852 - 6913- 2619.1
CITY OF SHOREWOOD
RESOLUTION NO. 17 -xxx
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. 549 BY TITLE AND SUMMARY
WHEREAS, at a duly called Shorewood City Council meeting held on November 27, 2017, the
Council approved Ordinance No. 549, as revised, entitled "AN ORDINANCE OF THE CITY OF
SHOREWOOD IMPLEMENTING A NATURAL GAS SERVICE FRANCHISE FEE FOR
PROVIDING NATURAL GAS SERVICE WITHIN THE CITY OF SHOREWOOD,
HENNEPIN COUNTY, MINNESOTA; and,
WHEREAS, the City staff prepared a summary of Ordinance No. 549 as follows:
The City intends to establish a franchise fee with CenterPoint Energy that is collected
by the company in the monthly billing to customers and remitted to the City. The City
can use the funds for any purpose the council determines, but it is the intent of the city to
use funds for street and storm water improvements.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHOREWOOD:
The City Council finds that the above title and summary of Ordinance No. 549
clearly informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 549 by title and summary
pursuant to Minnesota Statutes § 412.191, subdivision 4.
The form of publication shall be substantially the same as the attached summary.
4. A full copy of the Ordinance is available at Shorewood City Hall and on the city's
website.
ADOPTED by the Shorewood City Council on this 27th day of November 2017.
ATTEST:
Sandie Thone, City Clerk
Scott Zerby, Mayor
ORDINANCE NO. 549
AN ORDINANCE OF THE CITY OF SHOREWOOD IMPLEMENTING A NATURAL GAS SERVICE
FRANCHISE FEE FOR PROVIDING NATURAL GAS SERVICE WITHIN THE CITY OF SHOREWOOD,
HENNEPIN COUNTY, MINNESOTA
SECTION 1.
PURPOSE
SECTION 2.
DEFINITIONS
SECTION 3.
NATURAL GAS FRANCHISE FEE
SECTION 4.
DISPUTE RESOLUTION
SECTION 5.
EFFECTIVE DATE OF FRANCHISE FEE
SECTION 6.
RELATION TO FRANCHISE ORDINANCE
SECTION 7.
PERIODIC REVIEW
SECTION 8.
PUBLICATION
The amendments in their entirety are available for review in the City Clerk's office.
Adopted by the Shorewood City Council on November 27, 2017.
s/s Sandie Thone, City Clerk
#2E
MEETING TYPE
City of Shorewood Council Meeting Item REGULAR
Title / Subject: Water Access Charge Assessment
Meeting Date: November 27, 2017
Prepared by: Greg Lerud, City Administrator
Attachments: Petition for Improvement and Resolution
Background: In 2015, the property owner at 21986 Bracketts Road signed an assessment petition to
extend water service to this property. That work was completed in 2016 so the cost needs to be
assessed. The terms of the assessment are $10,630 over eight years at five percent interest.
Next Steps and Timeline: Upon approval, staff will certify the Resolution to the county.
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. 17-
A RESOLUTION APPROVING ASSESSMENT FOR
21986 BRACKETTS ROAD, SHOREWOOD
WHEREAS the owners of 21986 Bracketts Road signed a petition for local improvement on
April 25, 2016 to have water service extended to their property; and,
WHEREAS the work was completed in October, 2016;
NOW THEREFORE BE IT RESOLVED that the Shorewood City Council hereby approves the
following assessment:
$10,630.00
Property address: 21986 Bracketts Road
Property ID Number: 3511723310052
Owner: William Schwalbach
BE IT FURTHER RESOLVED that said assessment shall be payable in eight equal installments
bearing an interest rate of five (5) percent per annum beginning January 1, 2018.
Adopted this 27th day of November, 2017.
Mayor Scott Zerby
ATTEST
Sandie Thone, City Clerk
OLans" ON ,
City of Shorewood Council Meeting Item
Title / Subject: Resolution Accepting Donations to Arctic Fever Event
Meeting Date: Monday, November 27, 2017
Prepared by: Sandie Thone, City Clerk
Reviewed by: Twila Grout, Park and Recreation Coordinator
Attachments: Resolution
2E
MEETING TYPE
Regular
Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and §471.17 all
donations or gifts of real and personal property, including donations for the benefit of public
recreational services, must be accepted by the city council.
Background: The following persons or entities have offered to contribute the cash amounts set
forth below, for the purpose of the 2018 Arctic Fever Event being held on January 12 to January
14, 2018:
Name of Donor Amount
American Legion Post 259 $500.00
Mediacom $100.00
RedFin $ 75.00
Clarence Clofer Auxiliary Unit 259 $150.00
Financial Considerations: This donation will help to cover expenses incurred for the 2018 Arctic
Fever Event.
Action Requested: Staff respectfully recommends the city council approve the Resolution
Accepting Donations as Delineated in the Resolution to the 2018 Arctic Fever Event and direct
staff to send a thank you note to all donors.
Motion, second and two - thirds majority vote required.
Connection to Vision /Mission: Consistency in 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.
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
RESOLUTION 17-
A RESOLUTION ACCEPTING DONATIONS TO THE
CITY OF SHOREWOOD 2018 ARCTIC FEVER EVENT
WHEREAS, the City of Shorewood is generally authorized to accept donations of real and
personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens,
and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of
their public recreational services pursuant to Minnesota Statutes section 471.17.
WHEREAS, the following persons and entities have offered to contribute the cash amounts set
forth below to the city:
Name of Donor Amount
American Legion Post 259 $500.00
Mediacom $100.00
RedFin $ 75.00
Clarence Clofer Auxiliary Unit 259 $150.00
WHEREAS, the terms or conditions of the donations are to be used for the 2018 Arctic Fever
Event; and
WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as
allowed by law; and
WHEREAS, the City Council finds that it is appropriate to accept the donations offered.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. The donations described above are accepted and shall be used to establish and /or operate
services either alone or in cooperation with others, as allowed by law.
2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city's
receipt of the donor's donation.
Passed by the City Council of Shorewood, Minnesota this 27th day of November 2017.
Scott Zerby, Mayor
Attested:
Sandie Thone, City Clerk
® 2G
MEETING TYPE
City of Shorewood nl Meeting Item Regular Meeting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title / Subject: Regular Appointment of Chris Heitz to Light Equipment Operator Position,
Public Works.
Meeting Date: November 27, 2017
Prepared by: Larry Brown, Director of Public Works
Greg Lerud, City Administrator
Reviewed by:
Attachments None
Policy Consideration: None.
Background / Previous Action: On May 18, 2017, the City Council approved the probationary
appointment of Mr. Chris Heitz to the position of Light Equipment Operator (LEO) within the
Department of Public Works. Upon completion of a six month probationary period, Mr. Heitz
was to have a performance review with recommendation being made by his supervisor as to
regular appointment to the positon.
The Director of Public Works has completed the evaluation with a recommendation for
permanent appointment of Mr. Heitz to the position. Mr. Heitz has displayed a very strong
work ethic and brings great experience to the position.
Financial or Budget Considerations: Having successfully completed the probation period, Mr.
Heitz's rate will be increased to the next union scale wage of $26.59 per hour.
Options
1. Make a motion making regular appoint of Mr. Chris Heitz to the position of Light Equipment
Operator for the Department of Public Works.
2. Take no action.
3. Provide staff alternative direction.
Recommendation /Action Requested: Staff recommends that the City Council pass a motion
making regular appoint of Mr. Chris Heitz to the position of Light Equipment Operator for the
Department of Public Works.
Connection to Vision / Mission: Providing adequate and quality staff directly impacts the
quality of public services.
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
#2H
MEETING TYPE
City of Shorewood Council Meeting Item REGULAR
Title / Subject: Regular Appointment Sandie Thone to City Clerk and Marie Darling to
Planning Director
Meeting Date: November 27, 2017
Prepared by: Greg Lerud, City Administrator
Background / Previous Action: On April 10, 2017, Sandie Thone started her probationary
appointment with the City as City Clerk. On May 15, 2017, Marie Darling started her
probationary appointment with the City as Planning Director. Both offers of employment
required a performance review after completing the six month probationary appointment, with
a recommendation being made by the City Administrator as to regular appointment to the
respective positions.
I completed the performance evaluation for both employees and recommend, without
qualification, removing them from probationary status and appointing them to regular
employee status. Both are very well qualified, have done an excellent job, and the City is
fortunate to have them as city employees.
Options
1. Make a motion making regular appoint of Sandie Thone and Marie Darling to their
respective positions of City Clerk and Planning Director.
2. Take no action.
3. Provide staff alternative direction.
Recommendation / Action Requested: Staff recommends that the City Council pass a motion
making regular appointments and approval of this item in the consent agenda will be deemed
to be that motion.
Connection to Vision / Mission: Providing adequate and quality staff directly impacts the
quality of public services.
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
#4A
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Interior Drainage and Utility Easements — Request for Vacation
Meeting Date: November 27, 2017
Prepared by: Marie Darling
Reviewed by: Patti Helgesen
Applicants: Schroeder Management, Inc.
Location: 27964 Smithtown Road
Attachments: Location Map
Bay Park Addition
Resolution
Policy Consideration: Should the City approve a vacation of the standard drainage and utility easements
as requested by the property
owners?
Background: The easements
were originally acquired in 1983
as part of the Bay Park Addition
subdivision. (Attached) The
easements were dedicated in the
plat as 10 feet along the property
lines. The same property owners
have owned both lots for some
time.
tA .
J
Why request the vacation? The property owners have requested to subdivide the subject property and
the adjacent property to the south to reconfigure the property lines. They seek to provide direct access
from the home at 27968 Smithtown Road directly to Smithtown Road instead of crossing through 27964
Smithtown Road by means of an existing easement. Direct access to Smithtown Road would also
accommodate a new water service to the home, which is currently on a well.
Reconfiguring the property lines with a new plat does not automatically reconfigure the existing
dedicated easements. Consequently, the property owners request this vacation of all the easements on
Lot 2, Block 1 Bay Park Addition to avoid having easements in areas where they serve no purpose and
are no longer along property lines. The standard drainage and utility easements along the new
property lines for both 27968 and 27964 Smithtown Road would be rededicated on the plat to be called
"Norqual Addition ". The request for the approvals for the Norqual Addition are located elsewhere on
the agenda.
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.
S:iPlanningiPlanning Files \Applications \2017 CURRENT CASES Norqual Addition PP FP VAR VACTAF 171127 for vacation.doc
Issues concernine the vacation:
The applicant has searched the affected easements that will be vacated and has shown evidence that
there are no utilities reported in the easements that serve any other property.
Financial or Budget Considerations: The application fees cover the cost of processing the request.
Options /Recommendation / Action Requested: Approve or deny the vacation. Staff recommends that
the attached resolution approving the vacation be adopted.
Next Steps and Timelines: Staff would release the certified resolution to Hennepin County for recording
at the same time the final plat of the Norqual Addition is released for recording.
Connection to Vision / Mission: Quality public services.
Lake Minnetonka
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Subject\
Property
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SCALE IN FEET
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DRAINAGE AND URU1Y EASdfENTS ARE StiOWN THUS•
f`I.
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----�---� -A - - - -
6ENG 10 FE IT IN mom,, UNLESS 07HERW/5E INOlCAIED,
AND ADXYNING RIGHT - -r.1 —WAY 7WEs. AND SWO 10 ITET W
WDIX UNLESS OMER— /NDICA7E0, AND ADJOINING LOT
LNM AS SHOWN ON THE PUT.
Bearing Note:
Th. South line of Gommmenf Lot 4 Sat/on J), Townshfp 117 Range 23,
NNghI County, M/neaofo, I, assumed to bea S8959 W.
• denotes 112 Inch Open Pipe found
- unless atherwtsa noted.
O denotes 112 inch by 14 inch iron ppe set
b .
NORQUAL ADDITION
C.R. DOG. NO
KNOW ALL BY THESE PRESENTS. That Jack A. Norqual and Gretchen Norqual, husband
STATE OF
fee am'
and wile, lee owners o/ the lollawfng described property situated /n the County of Hennepin,
State of Mlnnesofo, fo R.
COUNTY OF _______ --
STATE O MINNESOTA
COUNTY OF NRIGHT
fi!s Instrument was acknowledged before this _ —__ day of __ _�
fifs instrument was acknow/adged before me on this V day a
Lot 1, Block i, BAY PARK AODIRON, Hennepin County, Minnesota.
rqual and
20__ by Jack A. Norqual and Gretchen Nwqud, husband and wife.
N
—__ _ —_, 20_-- by Paul E. Otto.
AND
Thai Section 3f, Townshfp 1f7, Range 13, Hennepin County,
rata of
(Notary Signotura)
(Notary Slgnafura)
Minn d au�bed osf fallowr;
Commencing at the Southeast c.mu at sold Government Lot 4; thence on bearing o/
North, assumfng the South line of said GammmenI Lot 4 bears West, a distance of
(Notary Prfnted Name) i
(Notary Prinfed Nome)
246.36 (eat; thence on a bearing of West, a distance of 276.97 /eel to o Judle/af
Landmark, thence North 01 degrees 52 minutes 00 seconds West, a distance of 45 feet
Notary Publ%; __County, _�
Notary Public, _County, Minn
to a Jud'clal Lonomo k; thence South B9 degrees 14 minutes 00 seconds Rost. a
- My cornmisslon expires ___ —___
My commlasfon pires
dl lance of 285.16 leer to a Jdraial Landmak, being the actual point of beginning;
fhance North 40 degrees 52 minutes 52 seconds fast, a distance of 43.17 feet to a
Jdfcla/ Landmark; fhance North 40 degrees 56 minutes 28 secande West, distance of
1, Paul E. Otto, do hereby certify that this plat was prepared by me a undo my direct
CITY COUNCIL, CITY OF SHOREWOOD, MINNESOTA
94.48 reef to o Judicial Landmak; thence North 80 degrees 59 minutes 00 second
supervision; that 1 wn a duly Licensed Lond Surveyor in the State of Minnesota; Mal this plat 7s
West, o distance of 80.07 feet to o Judicial Landmak; thence South 33 degrees 55
"
o cwr t represenfotlan f the boundary sus y that all mathematical data and labels oro
This plat of NOROUAL ADD177ON was pp.md and ....pted by the
ter 00 seconds West, o distanca of 91.15 feet to Jdicfo/ Landmark; thence South
correctly designated on this plot, that all monumanfs depicted on this plat how been, or wN be
Minnesota, at a regular meeffng thuea/ held this ____ day of
42 degrees 07 minutes 53 seconds Wast, o d! Lance of 155.41 I t to a Jdr, a/
correctly set off none year, that elf water boundarfm and wet lands, as deJ/nad In Minnesota
If rpp1k blc, the written comments and recornmendotfons of the Q
Landmark; thence continue South 42 degrees 07 minutes 53 saonds West to the
shoreline of Lake Minnetonka: thence Southeostedy along sold shorallne to the
Sfatutar, Section 505.01, Sub d. 3, s of the date o/ this certlffcafe are shown and labeled on
this plot. and all public ways arc shown and labeled on th/e plot.
and Me County Highway Engineer how been received by the City ot
has e/.psetl without receipt of such comments and recemmendetla
intersection with o tine bearing South 43 degrees 04 minutes 00 swords West from sold
Statutes, Section 505.03, Subd. 2.
octual point of beginning; thence North 43 degrees 04 minutes 00 seconds East to the
Dated this —_ —___ day of — ,__ —_ —___ _ ___, 20--
actual point of beginning.
City Council of Shorewood, Minnesota
Ham caused the same to be surwyed and platted as NOROUAL ADD1770M and do hereby dedicate
________
By - -_ _ Mayor By
to the publfa for public use the public w n and the drainage and utility easements m created
Pau! E. Otto, Licensed Land Surroyor
by this plot.
Minnaeota License Number 40062
RESIDENT AND REAL ESTATE SERWCES, Henn pin County, Minnesota
In witness where./ said Jack A. Norqual and Gretchen Norqual, husband and wife, haw hereunto
set their hands this _ —_ day of ___�_ - -, 20_ --
/ hereby carthy that Loxes poyob /e in 20_ aced prig years have
on this p/.4 doted this _ —day of ----- f12= 20.
an d mokad y license number 40062 -- - - - - --
a denotes found Jdfcla/ Land Marks, Jack A, Narqua/ Gretchen Norqual
/11A/ ,
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Got 4, Sect/m JI—� `I/ Gavots YX,nuvm
Mark V. Chapin, County Auditor by —
SURWYDIWS/ON, Hennpin County Minnesote
I
Pursuant to MN. STAT. Sec. 3836.565 (1969), this plot has been al
— 20_—
Chris F. Mavis, Cauaty Surveyor by
I COUNTYRECORDER, Hennepin County, Mlnesalo
I hereby certify that the within plot or NOROUAL ADD/0ON was rata
day of — 20 at _____ .'Jock __,.M.
Martin McCormick, County Records, by _
CITY OF SHOREWOOD
RESOLUTION NO. 17-
A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS FOR
27964 SMITHTOWN ROAD
RECITALS
WHEREAS, Schroeder Management, LLC. (on behalf of Jack Norqual and Gretchen
Norqual, husband and wife, owners of 27964 Smithtown Road) requested vacation of certain
standard drainage and utility easements dedicated on the Bay Park Addition and legally
described as:
Lot 2, Block 1, Bay Park Addition, Hennepin County, Minnesota; and,
WHEREAS, notice of public hearing on the proposed vacation of the easements for
drainage and utility purposes in the City of Shorewood, Hennepin County, Minnesota, was
published in the Excelsior /Shorewood edition of the SUN-SAILOR NEWSPAPER on the 2nd and
9th days of November, 2017, and in the LAKER NEWSPAPER on the 4th and 1 lth days of
November, 2017; and,
WHEREAS, said notice of public hearing was posted on the city's website and at the
Shorewood City Hall; and,
WHEREAS, the City of Shorewood City Council heard all interested parties on the
question of vacation at a public hearing on the 27th day of November, 2017, in the Council
Chambers at the City Hall.
RESOLUTION
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota hereby vacates the easements legally described as:
All easements as dedicated on the recorded plat of Bay Park Addition, Hennepin County,
Minnesota, that lie within Lot 2, Block 1 of said plat.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Clerk is directed
to record this resolution with the Hennepin County Recorder and Surveyor's Offices in
accordance with Minnesota Statutes after the applicants have provided documentation that the
two properties have been consolidated.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th
day of November, 2017.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 7, 2017
MINUTES
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
*:00 P.M.
CALL TO ORDER
Chair Maddy called the meeting to order at 8:00 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Davis, Riedel and Sylvester; Planning Director Darling;
and, Council Liaison Johnson
Absent: Commissioner Bean
1. APPROVAL OF AGENDA
Davis moved, Riedel seconded, approving the agenda for November 7, 2017, as presented. Motion
passed 4/0.
2. APPROVAL OF MINUTES
• October 3, 2017
Davis moved, Riedel seconded, approving the Planning Commission Meeting Minutes of October 3,
2017, as presented. Motion passed 31011 with Sylvester abstaining due to her absence at the meeting.
3. PUBLIC
Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood
who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council.
The Commission's role is to help the City Council in determining zoning and planning issues. One of the
Commission's responsibilities is to hold public hearings and to help develop the factual record for an
application and to make a non- binding recommendation to the City Council. The recommendation is
advisory only.
A. PUBLIC HEARING — PLANNED UNIT DEVELOPMENT AMENDMENT
REGARDING SIGNAGE
Applicant: Shorewood Landing Senior Living
Location: 6000 Chaska Road
Chair Maddy opened the Public Hearing at 8:02 P.M. noting the procedures used in a Public Hearing. He
stated that this evening the Planning Commission was going to consider an amendment to the Shorewood
Landing Senior Living Planned Unit Development (PUD) regarding signage.
Director Darling explained that KTJ 285, LLC has requested an amendment to the Shorewood Landing
Senior Living PUD in order to add two additional wall signs. The subject property is located at the
southwest corner of the intersection of Chaska Road and State Highway 7. With the exception of two
homes to the southwest, all of the adjacent homes on the east side of Highway 7 are developed with
single- family homes.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 2 of 10
The applicant currently has two signs. There is a sign installed on the northwest side of the building
facing Highway 7. There is a free standing sign installed on the berm adjacent to Chaska Road. Neither of
the two existing signs are lit.
The applicant is requesting the authorization to add two more signs. One would be located near the
northeast corner of the building. The other would be located over the main entrance into the building.
Both of the proposed wall signs would look similar; they would have individual letters and neither of
them would be lit. The applicant believes the additional signage is needed to eliminate confusion for
visitors to the site and they would reduce unnecessary turnarounds on Chaska Road.
Staff finds the monument sign to be the most effective sign for wayfinding because it would be visible
from both Highway 7 and Chaska Road. The signage on the northeast corner of the building would also
help with wayfinding for eastbound traffic. The sign that would be above the main entry would not be
visible until a vehicle is directly adjacent to the building. Staff believes the building itself serves as a sign
for wayfinding because it is the only apartment building along Chaska Road.
Darling noted that staff only recommends approval of the sign proposed for the northeast corner of the
building. She also noted that the City received a letter from Mike and Cindy Marr, 6015 Chaska Road
conveying their objections to any additional signs; that is now part of the public record.
4521 Wooddale Avenue_ E
thought the monument sign has ground
In response to a question from Commissioner Riedf
monument sign which faces Chaska Road because
beyond it the only way for a driver to turn around iw
asked if drivers coming from Highway 7 or going S(
sign. Ms. Rusk stated drivers coming from Highway
building. If a driver comes west on Highway 7 and
monument sign if it was obstructed by snow. Riedel
is more about advertisina. Ms. Rusk stated she the
entrance while noting there are other ways to
have is the one that would be u-o higher:
there is a
clarified that she
4, Ms. Rusk clarified that if a driver did not see the
it was, for example, covered with snow and drives
to pull onto a residential property driveway. Riedel
wthbound on Chaska Road would see the monument
7 would see the signage on the northwest side of the
turns west on to Chaska Road they may not see that
asked if the sign proposed for over the main entrance
night it is nice to have the address right above the
the address. She thought the most important sign to
stated the address numeral's could be put on the building regardless of whether or not
Chair Maddy asked Ms. Rusk if the proposed upper sign that would be on the northeast corner is the one
that would be the most important. Ms. Rusk responded yes and clarified it would be for identification.
Maddy asked if that is a'common problem Oppidan encounters. Ms. Rusk stated they always have high
signage and low signage to help direct guests coming to the facility and she thought it would be more
important in this instance because the facility is in a residential area. Commissioner Riedel asked if there
is still a speeding issue on Chaska Road for traffic coming from westbound Highway 7. Director Darling
stated there are still some concerns about drivers speeding on Chaska Road and noted that the
construction vehicles have been acting as a speed deterrent. Once the construction vehicles are gone she
thought Council would discuss how to address those speeding issues in more detail.
Chair Maddy opened the Public Testimony portion of the Public Hearing at 8:10 P.M.
John Macualey, 6025 Chaska Road, stated that speeding along Chaska Road has not subsided. He noted
that he has almost been hit three times in the past two weeks by drivers traveling at speeds of more than
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 3 of 10
30 miles per hours (mph). He then stated he does not think there is a need for the additional signage but it
is clear the applicant thinks there is.
Debbie Trent, 6045 Chaska Road, noted she has a 9 year old child and an 11 year old child. She stated she
had seen her children almost be hit by a vehicle about five times while trying to ride their bikes along the
side of the road. She then stated when walking to their mailbox the children have to walk on her right
with her near the vehicles. She thought things were getting worse because there are fewer vehicles. She
noted there is no way to bike or walk to the sidewalk in Chanhassen without going on the street.
Chair Maddy closed the Public Testimony portion of the Public Hearing at 8:14 P.M.
Commissioner Riedel asked if it is correct that the PUD is specific to the Oppidan (the Shorewood
Landing Senior Living) Project. Director Darling confirmed that. Riedel noted the property had been
zoned R -C prior to the project so prior to the PUD the R -C rules would have applied. He explained that
the R -C zoning rules state that only two signs are permitted. If the property were still in an R -C zoning
district then the applicant would have had to apply for a variance for the additional two signs.
Riedel then asked Darling to comment on the basis for that var_
propose amendments, adjustments or flexibility with a PUD. (
approve what the applicant has requested depending on if it is the
the City at large. For a variance application there are certain critel
For a PUD there is a custom zoning district so an amendment to t]
zoning district. The amendment does have to be approved via an
Council.
Riedel stated if the project was a commercial devele
would be permitted. He did not think the conditions I
Riedel asked Darling to comment on why the dev
Residential - Commercial 'property. Director Darling
density that is usually not seen in an R -C zoning
example, setbacks. Darling stated she thought it was
would normally be found in a residential settina. C'
ce. Darling stated the applicant can
znc l can decide whether or not to
st interest of the traveling public and
that have to be met per State statute.
PUD is amending that entire custom
rdinance and that would be done by
-C property then only two signs
be met.
meat was done as a PUD and not as an R -C,
dained the applicants had proposed a level of
ict. Riedel asked if it also had to do with, for
•e to do with it being a taller structure than what
Maddy stated it was his recollection that it was
more for the density; because it was going to be a senior living facility traffic was not going to be as
significant as it would be for an ,apartment building.
Chair Maddy stated from his perspective the question at hand is if the additional signage would help with
the traffic or would it just be additional branding on the sides of the building. Commissioner Riedel stated
staff does not believe the proposed signage above the main entrance would help with traffic. Riedel then
stated he thought the motivation for the proposed sign on the northeast corner was reasonable. Chair
Maddy and Commissioner Sylvester concurred.
Commissioner Riedel recommended that a condition of approval should be that the proposed signage
cannot be lit.
Riedel moved, Davis seconded, recommending approval of the amendment to the Shorewood
Landing Senior Living Planned Unit Development to allow for a non - illuminated sign that would be
located on the northeast corner of the facility and recommending denial of the request to put a sign
above the main entrance into the facility. Motion passed 4/0.
Chair Maddy closed the Public Hearing at 8:21P.M.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 4 of 10
B. PUBLIC HEARING — NORQUAL ADDITION - PRELIMINARY PLAT AND
LOT WIDTH VARIANCE
Applicant: Michael Schroeder (representing Jack and Gretchen Norqual)
Location: 27964 and 27968 Smithtown Road
Chair Maddy opened the Public Hearing at 8:22 P.M. He noted the Planning Commission is going to
consider a preliminary plat and lot width variance for Michael Schroeder, with Schroeder Management
and on behalf of Jack and Gretchen Norqual, for the properties located at 27964 and 27968 Smithtown
Road.
Director Darling explained the applicant has requested a preliminary plat to adjust the lot line between the
27964 and 27968 Smithtown Road properties and a lot width variance for the 27968 Smithtown Road
property. Adjusting the property line would allow the applicant to provide a separate driveway and
watermain service to the house on the 27968 property. Currently the driveway and watermain service for
the 27968 property crosses in front of the 27964 property before connecting to the Smithtown Road. That
is done via easements. The northerly property (27964) would be Lot 1 and the 27968 property would be
Lot 2. The existing houses would remain on the properties. The applicant's plan is to sell the 27968
property.
With one exception both Lots would meet the lot width and lot area requirements. Because the newly
configured Lot 2 would end up being narrower than allowed by ordinance the applicant is requesting a lot
width variance. Both properties are zoned R -IA, Single - Family Residential. The R -IA zoning district
requires a 120 feet of frontage. Currently Lot 2 has no frontage and the applicants propose to create 50
feet of frontage.
Darling noted that because the lot width variance would 'improve a nonconformity staff recommends
approval of the preliminary plat and lot width variance.
Michael Schroeder, representing the alicants, noted the applicants also own Outlot A. He explained the
house on the 27968 property„ is served by a private well; it is connected to the City's sanitary sewer
system. Currently, there is no way to bring City water line to the house without getting more easements
across the 27964 nronerty.
In response to a question from Commissioner Riedel, Mr. Schroeder stated there is a private easement for
the current driveway to the 27968 property.
Commissioner Riedel asked Director Darling how a private easement is different from a public easement.
Darling explained that most of the easements talked about at the City level are public easements; the land
rights have been retained for public purposes. Private easements are when the owner of one property
gives the owner of another property land rights for a specific purpose. In this case it would have been for
access rights.
Director Darling noted that Outlot A had been subdivided as a private road rather than a public road to
serve a number of houses.
Mr. Schroeder stated the private easement exists and it would be vacated once the 27968 property has a
private driveway with access to Smithtown Road.
Commissioner Riedel stated based on the drawing it appears that the strip of land that would be added to
the 27968 property would be about the width of the proposed driveway. He then stated that in general
creating that type of gerrymandered lot is not in the long term interest of the City. He did not think that is
how City lots should be designed.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 5 of 10
Mr. Schroeder explained that the way the lot is situated there is a big span of trees with some of them
being quite tall. The goal is to ensure nothing happens to them.
Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony
portion of the Public Hearing at 8:29 P.M.
Commissioner Riedel stated he did not think there was any way to meet the 120 foot width requirement
for the 27968 property. He then stated that what has been proposed would reduce the nonconformity of
the 27968 property. That would be the basis for approving the applicants' request.
Chair Maddy noted the width of the 27968 property where the house is situated is about 150 feet. He
thought what has been requested is reasonable.
Commissioner Sylvester stated she also thought what the applicants have requested is reasonable.
Commissioner Davis stated she was good with what has been proposed and noted there is nothing else
that could be done with the situation.
Riedel moved, Sylvester seconded, recommending approval of the preliminary plat to adjust the lot
line between the 27964 and 27968 Smithtown Road properties and a lot width variance for the
27968 Smithtown Road property subject to the applicant obtaining the necessary permits prior to
the installation of the new driveway and water service. Motion passed 4/0.
Chair Maddy closed the Public Hearing at 8:31
C. PUBLIC HE
Applicant
Location:
Chair Maddy opened the Put
going to consider a side yard
Director Darling explainer
side yard variance to place
1201.03 specifies that air
property line.
G — SIDE YAl
William and
25830 Birch
8:31 P.M
CE
Road
noted this evening the Planning Commission is
and Melanie Keegan, 25830 Birch Bluff Road.
"illiam and Melanie Keegan, 25830 Birch Bluff Road, have requested a
conditioner, within the 10 -foot side yard setback. Zoning Code Section
ooing equipment may not be located less than 10 feet from the side
She noted that in 2016 the applicants received variances for the redevelopment of a nonconforming lot, a
side yard setback, and impervious surface coverage.
She explained that the applicants have provided the specifications for the new air conditioner (an 186B
Evolution Single -Stage Air Conditioner) they have chosen. It runs at about 68 decibels which is at the
lower end of the acceptable decibel range (55 to 80) for residential air conditioners. For comparison
purposes, conversational speech is about 60 decibels and normal household appliances (e.g.; dishwashers,
hairdryers, and vacuums) are 70 — 85 decibels.
She noted the zoning regulations allow for variances if practical difficulties exist. She stated staff
reviewed the request based on site specific circumstances. In this case staff would have normally directed
the property owner to put the air conditioner on the lake -front side of the house in order to comply with
the setback requirement setback. The applicants noted that their proposal would have their air conditioner
very near their neighbor's air conditioner and generator. There would be limited windows in that area.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 6 of 10
Chair Maddy asked if the neighbor's air conditioner and generator also encroach into their side yard
setback. Director Darling confirmed that.
Director Darling noted that in this circumstance staff recommends approval of the variance.
William Keegan, 25830 Birch Bluff Road, stated he and his wife had gone through a variance process for
their new home. They decreased the nonconformity of the new house; the old house used to be four feet
from the property line and the new house will be 10 feet. Their proposed location for the new air
conditioner seemed to be the best spot because their neighbor's air conditioner and generator is in that
area. He noted their neighborhood does not want the new air conditioner to be located on the lake side
because they sit on the lake side to enjoy the lake. He clarified they were not aware of the setback issue
when they asked the City for the other variances in 2016.
Commissioner Riedel asked if the house has 10 -foot side yard setbacks on each side of the new house.
Mr. Keegan responded yes and noted the lot is only 60 feet wide. Riedel stated there are different types of
air conditioners such as a mini -split system and noted he thought it would be unfair to require that given
that the lot is so nonconforming. Mr. Keegan noted they chose a different air conditioner than they
originally considered because it was quieter.
Commissioner Davis stated the proposed air conditioner is quiet and noted there are several of them
where she works. Those conditioners are located right below her office window.
Director Darling stated the City had received
Kristy Campuzano, 25860 Birch Bluff Road,
Road.
Seeing no one present to
portion of the Public Heai
Commissioner Riedel st
applicants have requested
Chair Maddy stated
their air conditioner
on the case,
that because the lot
line.
in support of the variance. One was from JR and
er was from William Henney, 25920 Birch Bluff
and closed the Public Testimony
nonconforming he thought that what the
a property owner from having their neighbor put
Davis moved, Sylvester seconded, recommending approval of a variance to allow air conditioning
equipment to encroach up to a maximum of four feet into the side -yard for William and Melanie
Keegan, 25830 Birch Bluff Road. Motion passed 4/0.
Chair Maddy closed the Public Testimony portion of the Public Hearing at 8:41 P.M.
D. PUBLIC HEARING — FRONT YARD SETBACK VARIANCE
Applicant: Channing and Jessica Scott
Location: 5915 Galpin Lake Road
Chair Maddy opened the Public Hearing at 8:41 P.M. He noted this evening the Planning Commission is
going to consider a front yard setback variance for 5915 Galpin Lake Road.
Director Darling explained that Channing and Jessica Scott, 5915 Galpin Lake Road, have requested a
variance to build a second story addition on their home and attached garage. The existing garage
encroaches 10 feet into the required 35 foot front -yard setback. The Zoning Ordinance indicates that a
nonconforming single - family house can only be expanded if the expansion does not increase the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 7 of 10
nonconformity and if it complies with the height and setback requirements of the zoning district in which
it is located. Adding a second story to a nonconforming structure expands the nonconformity. A second
story would not increase the amount of impervious surface.
The subject property is located near the intersection of Galpin Lake Road and State Highway 7. All of the
adjacent properties are developed with single- family homes. The applicants' property is riparian to Galpin
Lake and is within a Shoreland overlay district.
The applicants have stated that the proposed addition over the garage would be a potential living space for
their aging parents. Their plans include a second story addition over the entire of their home. In
addition to increasing the amount of living space the applicants also want to improve the aesthetics of
their home from the street.
The Zoning Ordinance does allow for variances upon s
property. In this case staff found that the variance was c(
Plan and the Zoning Ordinance being the property would c
With regard to practical difficulties, staff believes that what the app
use of the property. They designed their proposed addition in a way
the entire structure. It would bring the garage into visual harmony
having sweeping roof lines over the entire addition (over the home s
create the practical difficulty for the property,; the error resulted f
The proposed addition would not adversely affect the character of
no neighbors to the north of the property. The homes along the road
Darling noted that staff understands that this
variance better than others. Therefore. she r(
request against the
Commissioner Riedel ask
Darling explained that the
the garage already, encroac
Chair Maddv stated
then
t practical difficulties exist on the
th the intent of the Comprehensive
le a residential nronerty.
ants have proposed is a +reasonable
t would improve the appearance of
th the rest of the building plan by
the garage). The applicants did not
the original construction in 1977.
existing neighborhood. There are
Fe a variety of front -yard setbacks.
f the conditions required of a
nnina Commission review the
to Council.
what is being proposed ,would increase the nonconformity. Director
comes from adding the additional living space above the garage and
a number of houses in the City where the popup begins at the setback
ChanningSott,, 5915 Galpin Lake Road', stated that he and his wife Jessica have been working on the
design for their home for about 11i years. For the last year and a half they have had an architect involved.
He noted they are not asking to expand the footprint of anything. He stated they did not know that they
would have a problem with the proposed addition above the garage. He then stated that about one and one
half years ago his father had triple by -pass surgery and then five months ago his father had a stroke.
Jessica's father had fluid' on his brain. They do not know when their parents will need to have care from
them for which they will need additional living space. He explained that they had already been planning
to change the garage roofline for consistency purposes and put in a mechanical room. They then decided
to finish it off in the event they would need to have their parents live with them so they could provide
care.
Jessica Channing stated if they were to build the addition over the garage to only go up to the setback
requirement then there would not be enough room for a bedroom or a parent's suite should that be
needed. Her parents live in southern Minnesota so it would be convenient to have that space for them
when they come to stay. The addition over their home would allow them to have bedrooms for each of
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 8 of 10
their three children upstairs as well as their bedroom. From an aesthetic perspective the change of the
roofline would add a lot to the home as well as provide them with the added space.
Commissioner Riedel asked what the square footage of the parent's suite would be if it was cutoff at the
setback line. Commissioner Davis stated she thought it would be about 140 square feet. Ms. Scott stated
that would be a very small space for what they want to use it for.
Commissioner Davis stated the parents would likely be incapacitated on the proposed second floor. She
asked if the applicants plan on putting in an elevator. Mr. Scott responded they are not and noted that the
space would also be used by the mothers should their fathers be in the hospital for some period of time.
Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony
portion of the Public Hearing at 8:53 P.M.
Commissioner Riedel stated he assumes some residents in the past were denied the opportunity to
increase their nonconformity. He then stated he does not see they basis in the code or in precedent for
allowing an increase in the nonconformity, while commenting that he may also want to do what the
applicants are proposing sometime. The requested variance is not because of a nonconforming property or
a surveying error. The surveying error impacts the existing structure. The garage went where it was not
supposed to go.
Commissioner Sylvester stated that the proposed addition over
would not create any difficulties anywhere. It does add value.
Commissioner Riedel stated something being a good'
was no specific reason why this variance should be
practical difficulty. In this case the approval of the vari
would not impose on anyone. It
not be the basis for a variance. There
)r a variance there has to be a clear
)e for doing something extra.
Chair Maddy stated approving the variance could create a slippery slope.
Commissioner Sylvester stated if the home met the 35 foot setback she assumes there would be no issue.
She then stated that because a mistake was made in 1977 she asked if that would justify the need for the
variance.
Commissioner Riedel explained his interpretation of nonconformity. What is there is allowed to stay. But
it should not be allowed to increase.
Commissioner Sylvester noted the footprint would not change.
Commissioner Riedel stated he could say the nonconformity would not be increased for the setback only
metric. But if there is a precedent that adding living space increases the nonconformity, which he thought
would be a reasonable interpretation, then that precedent counts. That means that some residents were
denied their request presumably along that line. The precedent where property owners had to comply with
the setback requirement which ultimately resulted in a less aesthetic look was compelling to him.
Commissioner Davis asked if the City denied those property owners or did the property owners make
those choices. She stated she has served on the Planning Commission for the last eight years and during
that time allowances were made for building situations where, for example, the surveys had been wrong
or where the setback was calculated from the face of the curb and not the right -of -way (ROW).
Chair Maddy stated there had been a situation where the encroachment was increased because it had been
measured from the center of the street.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 9 of 10
Maddy noted the fact that the applicants need that additional space cannot be factored into the
recommendation. The approval of the variance is all about practical difficulties.
Commissioner Riedel stated he thought the consideration of this request for a variance is very subjective.
Commissioner Davis states she thought the neighborhood the property is located in is a very unique
situation. She noted she drives by the applicants' property when she drives home from work. She stated
she thought that what is being proposed would be a wonderful improvement.
Commissioner Riedel expressed concern that if Council approves this variance it would ultimately change
the definition of nonconforming. Commissioner Sylvester asked if that is true. Riedel stated it is not fair
to cherry pick cases. He then stated there needs to be something specific in this case beyond the fact that
the original garage ended up encroaching into the setback to justify building the second story over the
garage. He does not see that. Sylvester stated it would not create any difficulties and it would add value to
the neighborhood and to the home. Riedel stated that argument could be made for every nonconforming
property. Sylvester stated not necessarily.
Director Darling stated each variance case should be considered on its own merits and without comparing
variances across the board. The circumstances for properties are always i ,different. There are never two
that are identical and being identical is what would be needed in order to claim precedent. Commissioner
Riedel stated he agreed with that from a legal, sense. Riedel then stated the Commission and the Council
should not make subjective decisions; subjectivity should be very limited.,
Commissioner Riedel stated if the Commission recommends approval of this request he suggested that
the Commission recommend an amendment to the Zoning Code basically saying that if the footprint of a
structure stays the same then the amount of nonconformity would not be increased. Chair Maddy and
Commissioner Sylvester disagreed.
Chair Maddy stated the reason that a ,variance is being requested in this case is because it is a unique
situation. That variance request gives the City a chance to determine what, if any, negative impact there
would be, for example, on other homes or on the neighborhood and to consider approval of the request
accordingly.
Commissioner Sylvester reiterated she does not think there is an issue with what has been proposed.
Davis moved, Sylvester seconded, recommending approval the setback variance for Jessica and
Channing Scott, 5915 Galpin 'Lake Road, to accommodate their proposed remodeling which
includes a second story over the garage. Motion passed 311 with Riedel dissenting.
Chair Maddy closed the Public Hearing at 9:05 P.M.
Director Darling noted that all four of tonight's applications will be considered by Council on November
27, 2017.
4. OTHER BUSINESS
Commissioner Sylvester stated her term on the Planning Commission is for one year. She was appointed
to fill the remainder of Councilmember Johnson's term after he was elected to serve on the City Council.
She wondered when her term is up [it is up February 28, 2018]. She wants to serve out her term but she
will not reapply because of obligations to her son.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 7, 2017
Page 10 of 10
5. MATTERS FROM THE FLOOR
6. REPORTS
• Liaison to Council
Council Liaison Johnson reported on matters considered and actions taken during Council's October 23,
2017, meeting (as detailed in the minutes for that meeting).
In response to a comment from Commissioner Sylvester, Council Liaison Johnson reported on Council's
action regarding the Starbucks proposal during its September 25 meeting. Director Darling elaborated on
Johnson's report. There was ensuing discussion about that application.
• Update on Projects Approved
Director Darling noted she had nothing to add to Council Liaison Johnson's report.
• Draft Next Meeting Agenda
Director Darling stated there are no development applications slated for the December 5, 2017, Planning
Commission meeting. She noted she was hesitant to cancel that meeting. She stated she may try to draft
another Code amendment for discussion during that meeting.
Darling noted that the first Tuesday in January 2018 falls on January 2 the day after the January 1 holiday.
She recommended the meeting be held on January 16 noting it is after the Martin Luther King weekend.
7. ADJOURNMENT
Riedel moved, Davis seconded, adjourning the Planning; Commission Meeting of November 7, 2017,
at 9:16 P.M. Motion passed 410.
Christin
#7B
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: PUD Amendment for Additional Signage — Shorewood Landing Senior Living
Meeting Date: November 27, 2017
Prepared by: Marie Darling
Reviewed by: Patti Helgesen
Review Deadline: February 1, 2018
Attachments: Planning Director's Memorandum
Correspondence Received
Resolution
Policy Consideration: Should the City grant a PUD Amendment to allow additional wall signage for KTJ
285, LLC. at Shorewood Landing Senior Living at 6000 Chaska Rd?
Background: See attached Planning Director's memorandum for detailed background on this item. At
the November 7, 2017 meeting, the Planning Commission held a public hearing on the application and
voted unanimously to recommend approval of one additional unlit wall sign to be installed on the
northeast corner of the building. The applicant originally asked for two additional wall signs and the
Planning Commission indicated that they found the sign proposed at the northeast corner of the
building could serve as a wayfinding device to the property, but the signage over the main entry would
not be helpful until vehicles were directly in front of the building.
The applicant was present at the meeting and two residents requested to speak. The residents spoke of
concerns and gave updates regarding the traffic on Chaska Road. Staff also received one letter
(attached) which noted opposition with any additional signage.
Financial or Budget Considerations: The application fees cover the cost of processing the request.
Options: Approve the amendment; deny the amendment; or modify the amendment.
Recommendation / Action Requested: Staff concurs with the Planning Commission's recommendation
to approve the request for one additional sign to be installed on subject property.
Next Steps and Timelines: If Council is in agreement, a building permit can be issued upon receipt of an
application.
Connection to Vision / Mission: Quality public services.
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
MEMORANDUM
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 •952- 960 -7900
Fax: 952- 474 -0128 6 www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us
TO: Planning Commission
FROM: Marie Darling
MEETING DATE: November 7, 2017
RE: KTJ 285, LLC. —PUD amendment for two additional wall signs
LOCATION: Shorewood Landing, 6000 Chaska Road
ZONING: PUD
REVIEW DEADLINE: February 1, 2017
FILE NO.: 405 (17.25)
REQUEST
The applicant proposes to add two wall signs
to the south side of the building to avoid
confusion by directing visitors and residents to
Shorewood Landings and eliminate
unnecessary turning on Chaska Road. (See the
attached plans) The applicant has received
permits and installed the following two signs
as allowed by the original PUD:
• A freestanding sign near the northeasterly
entrance on Chaska Road (illuminated by
ground- mounted lights)
• A wall sign on the north side of the
building
Aerial photo of the development not yet available
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,
Because the property is a PUD, requests for modifications to the original approval are considered
amendments to the PUD rather than variances.
Notice of this application was published in both the City's official newspapers and mailed to all property
owners within 500 feet of the property at least 10 days prior to the Planning Commissions public hearing.
Page 2
BACKGROUND
Context: In 2015, the City Council approved amendments to the sign regulations for the R -C zoning
district to allow properties in that district the ability to have two signs, where most residential properties are
allowed one freestanding sign with a maximum area of either 20 or 32 square feet depending on the type of
sign. Properties in residential zones outside the PUD or R -C district are not allowed to have wall signs.
In 2016, the City Council approved the development agreement for Shorewood Landings and the project is
nearing completion. The building includes 105 apartments for senior citizens, including independent,
assisted living and memory care apartments. The property was originally in the R -C district and signage is
allowed based on the requirements of that district unless amended through the PUD process.
ANALYSIS
To review the application, staff used the following criteria:
Effectiveness of the proposed signage as wayfinding devices
Impact to the neighborhood
EFFECTIVENESS
The applicant indicated that they propose to add two wall signs to eliminate confusion for visitors and
unnecessary turnarounds. Staff reviewed the signage to determine the effectiveness of the signage
proposed.
Existing signage:
The freestanding sign is the most effective sign on the property for wayfinding. It is located on top of the
berm separating the Chaska Road right -of -way and the parking lot. It is visible to both east and westbound
traffic on Chaska Road.
The North wall signage is not visible to either east or west bound traffic until the vehicle is adjacent to the
sign due to the speeds permitted on Highway 7, the angle of the fayade the sign is attached to, the height of
the sign on the building and the amount of existing trees on the north side of the building.
Proposed signage:
The sign proposed over the main door (sign 3 on the attached plans) would not be visible to east or
westbound traffic until vehicles are directly abutting the middle of the site. The sign at the not corner
of the building (sign 4 on the attached plan) would be visible to eastbound traffic once vehicles are nearing
the south end of the property. Because of the lower traffic speeds on Chaska Road, the sign 4 on the
building could function to direct people into the property. However, sign 3 does not help vehicles find the
property until they are very close to the building.
In considering the request, staff concludes that having two signs on the same side of the building is not
effective for directing traffic to the site.
Page 3
IMPACT
Both of the proposed signs would face the residential properties on the southeast side of Chaska Road. The
design and color of the signs blends in with the design of the building. No illumination of the additional
wall signs is proposed. Consequently, staff conclude that the signage would have little or no impact on the
adjacent residents.
RECOMMENDATION
Staff recommends approval of the sign proposed in the northeast corner, although the decision is based on
standards that are open to interpretation. After reviewing the materials and listening to public testimony,
the Planning Commission could reasonably conclude differently.
Staff further recommends a condition prohibiting illumination for any additional wall signage that faces the
residential properties along Chaska Road.
ATTACHMENTS:
Location Map
Applicants Plans
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' Arden Hills, MN 55112
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CUSTOMER PROJECT JOB NUMBER
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SAME FOR ADDRESS NUMBERS
Scale: 3/8 " =1' -0"
Any and all artwork provided on this page Is the property
of Fourth Dimension CNC and is protected by all applicable
copyright laws and can only be used by permission from
Date: Fouth Dimension CNC.
SUBMITTAL 1 REVISION/ DATE SCALE SALES / PM
09.12.2017 8 -23 -17 See Title Bar Jim Davis /Corrine
RECEIVED
SEP 2 6 2017
CITY OF SHOREWOOD
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ph: 651.481.9036 fx:651.481.0613
1209 West County Road C, Suite 100
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Scale: 1/4 " =1' -0„
Any and all artwork provided on this page is the property
of Fourth Dimension CNC and is protected by all applicable
copyright laws and can only be used by permission from
Date: Fouth Dimension CNC.
L STOMER PROJECT JOB NUMBER SUBMITTAL 1 REVISION /DATE SCALE LSALES / PM orewoo d handing Interior & Exterior Signage 0000 09.12.201 i 8®23 -1 See Title Bar Davis / Corrine
RECEIVED
SEP 2 6 2017
CITY OF SHOREWOOD
November 5, 2017
Shorewood Planning Commission
Re: Amendment to PUD for Shorewood Landing.
As the resident that lives directly across the road from the monument sign for the facility, I can see no
reason for more signage or amendment to what was already agreed upon for the site.
I would like to go on the record as a definite NO to any more signs for the location.
We as the residents that are closely impacted by this monster have had ENOUGH!
Mike and Cindy Marr
6015 Chaska Road
Shorewood, Mn 55331
RECEIVED
N(.)V ? 1
CITY OF SHOREWOOD
RESOLUTION NO. 17-
A RESOLUTION GRANTING AN AMENDMENT TO
THE SHOREWOOD SENIOR LIVING P.U.D.
LOCATED AT 6000 CHASKA ROAD
WHEREAS, KTJ 285, LLC. (Applicant) owns the Shorewood Senior Housing PUD and
has requested an amendment to the Concept and Development Stage Plan for additional wall
signage for the building known as Shorewood Landing Senior Living, on property legally
described as:
Lot 1, Block 1, Shorewood Senior Housing, according to the recorded plat thereof,
Hennepin County, Minnesota; and,
WHEREAS, the Applicant's request has been reviewed by staff and their
recommendations have been duly set forth in a memorandum to the Planning Commission at their
meeting on November 7, 2017, which is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
November 7, 2017, for which notice was published and all property owners within 500 feet of the
property were notified.
WHEREAS, City Council considered the application at its regular meeting on
November 27, 2017, at which time the Planning Director's memorandum and the Planning
Commission's recommendations were heard and any comments from the public were heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property is located in a PUD district based on the R -C zoning district,
which allows a maximum of two signs for the property.
2. The Applicants proposed additional signage to avoid confusion by directing
visitors and residents to Shorewood Landing and eliminate unnecessary turning on Chaska Road
and in neighbor's driveways.
3. The sign on the northeast corner of the building could assist eastbound drivers on
Chaska Road to better locate the building, but the sign over the main entry would not be visible
for either east or westbound traffic until vehicles are directly in front of the middle entrance.
CONCLUSIONS
A. The Applicant's request for an amendment of the concept and development stage
plan for the Shorewood Senior Living P.U.D. is hereby approved consistent with the plans and
materials submitted on September 12, 2017 and October 2 -4, 2017, except as modified herein.
B. Prior to installation the applicant shall acquire any applicable permits.
C. Prior to issuance of a permit, the applicant shall revise their plan to remove the
sign shown above the main entrance.
D. The additional wall sign to be located in the northeast corner of the building shall
not be lighted.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day
of November 27, 2017.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
�l owl
City of Shorewood Council Meeting Item
Title / Subject:
Meeting Date:
Prepared by:
Reviewed by:
Review Deadline:
Attachments:
#7c
MEETING TYPE
Regular Meeting
Norqual Addition — Preliminary and Final Plat and Variance to Lot Width
November 27, 2017
Marie Darling
Patti Helgesen
January 31, 2018
Staff Memorandum
Resolution
Policy Consideration: Should the City grant a preliminary and final plat and lot width variance to
Schroeder Management (on behalf of property owners Jack and Gretchen Norqual) to adjust the lot line
between the two parcels that they own at 27968 and 27964 Smithtown Road?
Background: See attached staff memorandum for detailed background on this item. The Planning
Commission held a public hearing on the application at its November 7, 2017 meeting and voted
unanimously to recommend approval of the preliminary plat and variance. (The Planning Commission
does not review requests for final plats.) The applicant was present and agreed with the conditions of
approval. No one from the public requested to speak.
This item is related to Item 4A on the agenda. As shown on the plat, the applicants have proposed to
dedicate standard 10 -foot drainage and utility easements along the new property lines as required by
the subdivision regulations.
The same property owners own additional properties to the north, but no changes are proposed to the
adjacent properties at this time.
Financial or Budget Considerations: None. The applicant's application fees cover the cost of processing
the request.
Options: Approve or modify the resolution. If the Council finds that denial is appropriate, please
continue the item to the next meeting to allow staff time to prepare a draft resolution.
Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation
to approve the request to reduce the non - conformity of 27968 Smithtown Road and provide separate
access to Smithtown Road for the property as required by the City Code.
Next Steps and Timelines: If Council is in agreement, the final plat may be released for recording.
Connection to Vision / Mission: Quality public services.
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 •952- 960 -7900
Fax: 952- 474 -0128 • www.d.shorewood.mn.us • cityhaH@cLshorewood.mn.us
cLshorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling, Planning Director
DATE: November 7, 2017
RE: Norqual Addition, Preliminary Plat and Variance
LOCATION: 27964 and 27968 Smithtown Road
REVIEW DEADLINE: January 31, 2018
ZONING: R -lA /S
FILE NO.: 405 (17.28)
REQUEST
Schroeder Management, LLC. (on
behalf of property owners Jack and
Gretchen Norqual) requests a
preliminary plat to adjust the lot
line between the two properties
and a variance to lot width for the
southerly parcel (27968 Smithtown
Road). The subdivision is
proposed to modify the property
lines to provide an individual
driveway and a new water main
connection for 27968 Smithtown Road. The applicant would also adjust the lot line in the northeast corner
of the southerly parcel to move some land from the smaller parcel to the larger parcel. The existing homes
would remain on the properties although the property owners would sell 27968 Smithtown Road.
The existing house at 27964 Smithtown Rd would be on Lot 1 of the new subdivision, and the existing
house at 27968 would be on Lot 2. The property owners have also requested a final plat and a vacation of
easements, which are reviewed by the City Council. They would also be required to request a zoning
permit for the new driveway and a sewer /water permit for the new water connection. Tree preservation and
grading/drainage impacts would be reviewed with the zoning permit.
Memorandum
Re: Norqual Addition
Page 2
Notice of this application was published in both the City's official newspapers and mailed to all property
owners within 500 feet of the property at least 10 days prior to the meeting.
BACKGROUND
Context: The subject property is currently developed with a single- family home on each lot. Under the
plan, the existing homes would remain. The adjacent properties are all developed with single family homes.
The existing homes were constructed in 1959 (27968) and 2005 (27964). The property at 27964 Smithtown
Road was created as part of the Bay Park Addition approved in 1983 and the property at 27964 Smithtown
Road is unplatted. The properties contains mature trees, abut Lake Minnetonka and the shoreline is within
the 100 -year floodplain.
ANALYSIS
A. Preliminary Plat.
Lot Width/Area: Section 1202.05 Subd. 2. c. of the subdivision regulations requires that all lots have
adequate frontage on a city approved street to accommodate a driveway and required driveway setbacks.
Additionally, section 120 1. 10 of the zoning regulations has specific area and width requirements for newly
created lots. The current and proposed lot areas and widths are shown below:
ADDRESS
EXISTING
PROPOSED
REQUIRED IN R -1A
Lot Area
Lot Width*
Lot Area
Lot Width*
Lot Area
Lot Width*
Lot 1
5 acres
±295 feet
4.5 acres
245 feet
92 acres
120 feet
Lot 2
.92 acres
0
1.45 acres
50 feet
*As measured at the front setback
Because the lot for 27968 Smithtown Road
does not meet the requirements for lot width, a
variance is required and discussed below.
Easements: Section 1202.05 Subd. 6 requires
10 -foot drainage and utility easements around
the periphery of each lot and additional
easements over the top of any utility lines.
The applicant has provided both the peripheral
easements on the plat and has an existing 15-
foot easement over the sewer line that runs
through the property. This is consistent with
city code requirements.
Access/Lot Frontage: Section 1202.05 Subd. 2. C. requires that every lot must have adequate frontage
on a city approved street to accommodate a driveway and required driveway setbacks, as required in the
S'.0anningManning FiWApplicntionsl2017 CURRENT CASESWorqual Addition PP FP VAR VACTC Nfcmo.dac
Memorandum
Re: Norqual Addition
Page 3
Shorewood Zoning Ordinance. The proposal would provide an adequate area to construct a driveway,
but would not meet the R -IA requirement for 120 feet of lot width.
B. Lot Width Variance for Lot 2.
The zoning regulations allow for variances upon showing that practical difficulties exist and that the request
is consistent with the intent of the regulations. Section 1201.05 Subd. 2. b. of the Shorewood Zoning Code
sets forth criteria for the consideration of variance requests. Staff reviewed the request according to these
criteria, as follows:
Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the
property for residential purposes and the variance is proposed to provide a driveway access to
Smithtown Road for the non - conforming lot. Providing any frontage access to the property would
reduce the existing non - conformity.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met: a)
reasonableness; b) circumstances unique to the property and not caused by the landowner; and c)
maintenance of the essential character of the area.
a. Reasonable: On their own initiative, the property owners have requested the ability to
provide an individual private driveway to Smithtown Road.
b. Self- Created: The applicant did not create the practical difficulties in this case. They
purchased the home and lot in its existing condition. The lot is legally non - conforming and
accessed by private easements. The city could not compel the property owner to correct this
situation if the property owner elected to keep the lot lines the way they currently exist.
C. Essential Character: No additional lots of record are proposed to be created. The existing
two homes would remain. The essential character of the area would remain unchanged
except for a new driveway to be constructed from the home on Lot 2 to Smithtown Road.
Special privilege. The property owners are clearing up a non - conforming situation. By code, all
properties should have access to adjacent public streets.
4. Impact to adjacent properties. The property owners are not proposing anything that would impair an
adequate supply of light and air to an adjacent property, increase the risk of fire or endanger public
safety, unreasonably diminish or impair values in the neighborhood.
Staff finds the requested variance is the minimum necessary to alleviate the practical difficulties.
S:TlanningTIanning FileslApplications\2017 CURRENT CASESWorqual Addidon PP FP VAR VACVC McmoAx
Memorandum
Re: Norqual Addition
Page 4
RECOMMENDATION
Staff recommends approval of the preliminary plat and variance to lot width for Lot 2 for Schroeder
Management, Inc. subject to the conditions that the applicant obtain the necessary permits prior to
installation of the new driveway and water service.
ATTACHMENTS
Applicant's narrative
Location map
Survey of properties before the subdivision
Proposed plat
S9Planning\Planning FileelApplipGons12017 CURRENT CASESNorgml Addition PP FP VAR VACIPC Memo.doc
9/29/17
To: City of Shorewood
5755 Country Club Rd
Shorewood, MN 55331
From: Jack & Gretchen Norqual
27968 Smithtown Road
Shorewood, MN 55331
Jack & Gretchen Norqual the owners of real property located at 27968 Smithtown Road PID
31- 117 -23 -34 -0009 and 27964 Smithtown Road PID 31- 117 -23 -34 -0026 in Shorewood MN
request permission of the city to make the following Property Line adjustment's between above
mentioned properties per the attached PLAT drawing "Norqual Addition" provided by Otto
Associates Engineers & Land Surveyors, Inc. Including a variance for required minimum lot
width at front yard setback as well as a vacation of easements not necessary after new lot
configuration per attached Easement Vacation Exhibit.
The purpose of this property line adjustment is to Provide the land locked property at 27968
Smithtown Road with Its own permanent access to Smithtown Road and provide a rout to bring
in City Water to the residence.
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LEGEND
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PARCEL A:
Lot 2, Block 1, BAY PARK ADDITION, Hennepin County, Minnesota, according to the record plot thereof
PARCEL B.
That port of Government Lot 4, Section 31, Township 117, Range 25, Hennepin County, Minnesota, described as
follows:
Commencing of the intersection of the centerline of Smithtown Rood and the North line of the South 246.36 feet
of Section; thence West olong sold North line 344.83 feet; thence deflecting right 88 degrees 08 minutes, o
distance of 45.00 feet; thence South 89 degrees 14 minutes West, o distonce of 285.16 feet to the actual point
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degrees 56 minutes 28 seconds West, a distance of 94.48 feet; thence North 80 degrees 59 minutes West, o
distance of 80.07 feel; thence South 33 degrees 55 minutes West, a distance of 91.15 feet; thence South 42
degrees 07 minutes 53 seconds West to the shore of the take; thence Southeasterly along sold shore to Its
Intersection with a line bearing South 43 degrees 04 minutes West from the point of beginning; thence North 43
degrees 04 minutes East to the point of beginning.
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PARCEL A:
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PARCEL B.
That port of Government Lot 4, Section 31, Township 117, Range 25, Hennepin County, Minnesota, described as
follows:
Commencing of the intersection of the centerline of Smithtown Rood and the North line of the South 246.36 feet
of Section; thence West olong sold North line 344.83 feet; thence deflecting right 88 degrees 08 minutes, o
distance of 45.00 feet; thence South 89 degrees 14 minutes West, o distonce of 285.16 feet to the actual point
of beginning; thence North 40 degrees 52 minutes 52 seconds East, a distance of 4317 feet; thence North 40
degrees 56 minutes 28 seconds West, a distance of 94.48 feet; thence North 80 degrees 59 minutes West, o
distance of 80.07 feel; thence South 33 degrees 55 minutes West, a distance of 91.15 feet; thence South 42
degrees 07 minutes 53 seconds West to the shore of the take; thence Southeasterly along sold shore to Its
Intersection with a line bearing South 43 degrees 04 minutes West from the point of beginning; thence North 43
degrees 04 minutes East to the point of beginning.
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WDTN, UNLESS 07HERMSE INDICATED, AND AOJIXNRIG LOT
LINE.'; AS SHOW ON THE PLAT,
Bearing Note:
The South line of Government Lot 4 Section 31, Township 117 Range 23,
Wright County, Minnesota, Is assumed to bear 56959 "W.
• denotes 112 Inch Open Pipe found
— unless otherwise noted.
O denotes 112 Inch by 14 inch Iron pipe set
and marked by License number 40062.
® denotes found Judicial Land Marker
NORQUAL ADDITION
KNOW ALL PERSONS BY THESE PRESENTS: That Jack A. Norquol and Gretchen Narqual, husband
STATE OF ------------
and wife, fee owners of the following described property situated !n the County of Hennepin,
-------------
COUNTY OF _ ___ _____________
Slate of Minnesota, to wil:
__ _ ___
Lot 2, Block 1, BAY PARK ADDITION, Hennepin County, Minnesota.
fits Instrument was acknowledged before me this _______ day of ----------------
10_ - -- by Jack A. Narqual and Gretchen Narqual, husband and wife.
AND
That port of Government Lot 4, Section 31, Township 117, Range 23, Hennepin County,
-----------------------------------------
(Notary Signature)
Minnesota, described as follows:
/ I / 4
Commencing of the Southeast corner of sold Lot 4; Whence o beating of
-------------------------------------------
(Notary Printed Nome)
oath tin
North, assuming the South line of sold Government Lot 4 bears West, o distance of
mentnLot di
246.36 feet; thence on a bearing of West, a distance of 276.97 feet to a Judicial
Landmark; thence North Of degrees 51 minutes 00 seconds West, a distance of 45 feet
Notary Public, - -_ - - -- County,
- - - - -- " "— ' —' - --
to a Judicial Landmark; thence South 89 degrees 14 minutes 00 seconds West, o
My commission expires
distonce of 285.16 feet to o Judiclol Landmark, being the actual point of beginning;
—__ —__ — __ "'— "'-- -'--
thence North 40 degrees 52 minutes 52 seconds East, o distance of 43.17 feet to 0
Na 6122 Cap
Judicial Landmark; thence North 40 degrees 56 minutes 28 seconds West, o distance of
94.48 feet to a Judicial Landmark; thence North 80 degrees 59 minutes 00 seconds
1, Paul E. Otto, do hereby certify that this plot was prepared by me or under my direct
West, o distance of 80.07 feet to o Judicaa/ Landmark; thence South 33 degrees 55
supervision; that I am o duly Licensed Land Surveyor In the Stole of Minnesota; that this plot Is
o correct representation the boundary that
minutes 00 seconds West, o distance of 91.15 feet to o Judicial Landmark; thence South
of survey, all mathematical data and labels are
correctly designated on this plot; that 0 monuments depicted on this plot ham been, or will be
42 degrees 07 minutes 53 seconds West, a distance of 155.41 feet to a Judiclol
Landmark; thence continue South 42 degrees 07 minutes 53 seconds West to the
correctly set within one year, that all water boundaries and wet lands, as defined in Minnesota
shoreline of Loke Minnetonka, thence Southeasterly along sold shoreline to the
Statutes, Section 505.01, Subd. J, as of the date of this certlficole are shown and labeled on
Intersection with o line beoring South 43 degrees 04 minutes 00 seconds West from sold
this plot; and all public ways ore shown and labeled on this plot,
actual point of beginning; thence North 43 degrees 04 minules 00 seconds East to the
actual point of beginning.
Doted this ---------- day of ----------- -------------- 20 - -__.
Have caused the some to be surveyed and plotted as NOROUAL ADDIRON and do hereby dedicate
to the public for public use the public ways and the drainage and utility easements as created
--------------'"---"""'-------------
Paul E 0110, Licensed Land Surveyor
by this plot.
Minnesota License Number 40062
In witness whereof sold Jack A. Norquo/ and Gretchen Norqual, husband and wife, have hereunto
set their hands this - - - - -- day of --- -------- - -- - -, 20 - -__ --
---------------------- ------ ------- - ---
Jack A. Norqual Gretchen Norqual
I
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MINNETONKA
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OrEh y High {16rar Accordhg to the YN. D.N.R. Etevcllm . 929.4 Feet (N.G V.D. 1929)
Highaet Reraded War E7ewflon Aecordh9 to the W.. D.N.R. Futon= 93852 Feel (NG.V.D. 1929)
µbier flewt/on on 7 -JI -17 - 92AOJ Fool (N.Rva 1929)
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Lot 4, Soollectlm I � County, Yanuofa
STATE OF MINNESOTA
COUNTY OF MIGHT
This instrument was acknowledged before me on this — of
---------------------- 20 ------- by Paul E Otto.
(Notary Signolura)
--- ---- - -- ---
(Notary Printed Nome)
Notary Public, ----------- _ -- County, Minnesoto
My commission expires ---- _----------------
CITY COUNCIL, CITY OF SHORrww, MINNESOTA
This plat of NOROUAL ADDITION was approved and accepted by the City Council of Shorewood,
Minnesota, at o regular meeting thereof held this ------- day of ------------- 20_ - - -.
If opollcoble, the written comments and recommendations of the Commissioner of Transportation
and the County Highway Engineer hove been received by the City or the prescribed 30 day period
has elapsed without receipt of such comments and recommendollons, as provided by Minn.
Statutes, Section 505.03, Subd. 2.
City CouncB of Shorewood, Minnesota
By---- -- -------- -- ---- -- - - -- Mayor By ---- -- --- ---- ------ ----- Clerk
RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota
I hereby certify that taxes payable In 20 - - -- and prior yeors have been paid for land described
on this plat, doted this ______day of ---------- _ ----- 20____.
Mork V. Chapin, County Auditor by __ __________ ____ ____ ______ Deputy
SURVEY DIVISION, Hennepin County, Minnesota
Pursuant to MN. STAT. Sec. 3838.565 (1969), this plot has been approved this ------ day of
--------------- 20 - - --
Chris F. Mavis, County Surveyor by _ _________ ______ ___ _______ _ _ ____
COUNTY RECORDER, Hennepin County, Minnesota
I hereby certify that the wlthln plot of NOROUAL ADD/770N was recorded in this office this ____
day of ---------------- 20 - - -, of ------ o'clock
Martin McCormick, County Recorder by -------------------- - - - - -- Deputy
550®
ftiineets 8 Land Surveyors, Inc.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT AND VARIANCE
FOR NORQUAL ADDITION LOCATED AT
27968 AND 27964 SMITHTOWN ROAD
WHEREAS, Schroeder Management, LLC., on behalf of property owners Jack A.
Norqual and Gretchen Norqual, has submitted a request for preliminary and final plat and a
variance to lot width for the two properties legally described as:
Lot 2, Block 1, BAY PARK ADDITION, Hennepin County, Minnesota, according to the
record plat thereof
And,
That part of Government Lot 4, Section 31, Township 117, Range 25, Hennepin County,
Minnesota, described as follows:
Commencing at the intersection of the centerline of Smithtown Road and the North line of
the South 246.36 feet of Section; thence West along said North line 344.83 feet; thence
deflecting right 88 degrees 08 minutes, a distance of 45.00 feet; thence South 89 degrees
14 minutes West, a distance of 285.16 feet to the actual point of beginning; thence North
40 degrees 52 minutes 52 seconds East, a distance of 43.17 feet; thence North 40 degrees
56 minutes 28 seconds West, a distance of 94.48 feet; thence North 80 degrees 59 minutes
West, a distance of 80.07 feet; thence South 33 degrees 55 minutes West, a distance of
91.15 feet; thence South 42 degrees 07 minutes 53 seconds West to the shore of the lake;
thence Southeasterly along said shore to its intersection with a line bearing South 43
degrees 04 minutes West from the point of beginning; thence North 43 degrees 04 minutes
East to the point of beginning.
And,
WHEREAS, the preliminary and final plat of the Norqual Addition and variance to lot
width has been submitted in the manner required for the platting of land and the review of
variances under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all
proceedings have been duly consistent thereunder; and,
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City
of Shorewood, and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that the preliminary and final plat to be called "Norqual Addition" and a variance to
lot width for Lot 2, is hereby approved, subject to the following conditions:
The preliminary and final plat are approved according to the plans and materials received
on October 3, 2017, except as amended below.
2. The variance to allow Lot 2 to have 50 feet of lot width where the ordinance requires 120
feet is approved subject to the finding that all the variance criteria have been met.
3. The Mayor and City Clerk are authorized to sign the plat on behalf of the City Council.
4. The final plat, together with this resolution shall be recorded within thirty (30) days of the
date of certification of this resolution.
5. Prior to construction of any improvements on either lot, the applicant /property owners
shall obtain the required permits.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statutes and the Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
November, 2017.
ATTEST:
Sandie Thone, City Clerk
2
Scott Zerby, Mayor
#7D
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: William and Melanie Keegan — Side -yard Setback Variance
Meeting Date: November 27, 2017
Prepared by: Marie Darling
Reviewed by: Patti Helgesen
Review Deadline: January 26, 2018
Attachments: Planning Director's Memorandum
Resolution
Policy Consideration: Should the City grant a side setback variance to allow the applicants to install
their air conditioner four feet into the 10 -foot side yard setback, where the regulations would
otherwise prohibit installation for the property at 25830 Birch Bluff Road?
Background: See attached Planning Director's memorandum for detailed background on this item.
At the November 7, 2017 meeting, the Planning Commission unanimously recommended approval of
the item. The applicants were present and the city received two letters in support of the application.
The Commission found that the location on the side of the home near the neighbors' mechanical
equipment would be appropriate for the neighborhood and that the applicant had met the required
criteria.
Financial or Budget Considerations: The application fees cover the cost of processing the request.
Options: Approve, deny or modify the resolution.
Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation
to approve the request.
Next Steps and Timelines: If the item is approved, the applicant could submit their request for related
building permits.
Connection to Vision / Mission: Quality public services
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.
S:�Planning�Planning Files �Applicarions�2017 CURRENT CASES Keegan Variance�CAF171127.doc
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road * Shorewood, Minnesota 55331 •952 -960 -7900
Fax: 952 -474 -0128 • www.ci.shorewood.mn.us • cityha11 it ci.shorewood.mn.us
TO: Planning Commission
FROM: Marie Darling
DATE: November 7, 2017
RE: Keegan, William and Melanie — Setback Variance
LOCATION: 25830 Birch Bluff Road
REVIEW DEADLINE: January 26, 2018
ZONING:
FILE NUMBER:
REQUEST
R -1 C/S
405 (17.27)
The property owners, William and Melanie Keegan, request a
variance to place an air conditioner within the 10 -foot side -yard
setback where section 1201.03 subd. 3 c. (10) of the zoning
regulations indicate that air conditioning equipment may not be
located less than 10 feet from the side property line.
Notice of this application was published in both the City's official
newspapers and mailed to all property owners within 500 feet of the
property at least 10 days prior to the meeting.
BACKGROUND
Context: The applicants received variances in 2016 for
redevelopment of a nonconforming lot (60 feet wide), side -yard
setback, and impervious surface coverage. The home is nearly
finished and the building official noticed that the side of the home
was being prepped for the air conditioner and alerted the
homeowner about the required setback.
All the adjacent properties are developed with single - family homes.
a
Page 2
Noise: The applicant has submitted the specifications for the air conditioner that they have chosen and it
is within the acceptable range for residential air conditioners. The applicants' propose the 186B
Evolution Single -Stage Air Conditioner. According to the manufacturer's specifications, it runs at about
68 decibels. Depending on the size and efficiency of the air conditioners, the normal range for new air
conditioners is 55 to 80 decibels. For comparison, conversational speech is about 60 decibels and
vacuums and hairdryers operate between 70 -85 decibels.
VARIANCE ANALYSIS
The zoning regulations allow for variances upon showing that practical difficulties exist and that the
request is consistent with the intent of the regulations. Section 1201.05 Subd. 2. b. of the Shorewood
Zoning Code sets forth criteria for the consideration of variance requests. Staff reviewed the request
according to these criteria, as follows:
Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the
property for residential purposes and the variance would allow the applicant to cluster their air
conditioning equipment near their neighbors' air conditioner and generator.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met: a)
reasonableness; b) circumstances unique to the property and not caused by the landowner; and c)
maintenance of the essential character of the area.
a. Reasonable: Clustering the equipment together in one area benefits both property owners
as neither has to view or hear the other neighbors' air conditioning equipment as they
would if located in the front yard or lakeside of the property.
b. Self- Created: The narrowness of the lot was not caused by the homeowners. After the
approval of the previous variances, their house is now 10 feet from the property line
where the previous house was four feet.
C. Essential Character: With the exception of the property owner to the west, the air
conditioner would be unseen by any of the other property owners in the area and the
essential character of the area would be preserved. Additionally, the property to the west
is screened by an evergreen hedgerow that runs between the two properties near the
property line.
3. Special privilege. The circumstances are unique to the property in that the narrowness of the
existing lot contributes to the difficulty in finding a conforming location for the air conditioner on
the side of the home. Although the air conditioner could be located on the lake side of the home,
that location would be more visible than the applicants' requested location.
4. Impact to adjacent properties. The property owners are not proposing anything that would impair
an adequate supply of light and air to an adjacent property, increase the risk of fire or endanger
public safety, unreasonably diminish or impair values in the neighborhood.
5. Staff finds the requested variance is the minimum necessary to alleviate the practical difficulties.
S:\Planning\Planning Fiics\Applicafions\2017 CURRFN-r CASES\Kmgan Varianx\Kmgan izriaxe m—Ax
Page 3
RECOMMENDATION
Staff recommend approval of the variance to allow the air conditioning equipment to encroach up to a
maximum of four feet into the 10 foot side -yard setback for William and Melanie Keegan at 25830 Birch
Bluff Road.
ATTACHMENTS
Correspondence received
Location map
Applicants' narrative
Applicants' exhibits, photos and graphics
S:\Plaming\PlanningFiles\Applicalions\2017 CURRENT CASES1Keegan Varia— \Keagan variance memoAm
September 26, 2017
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Proposed Variance for AC Condenser Unit in Side Yard Setback for 25830 Birch Bluff Road
Dear City Council and Planning Commission Members:
This intent of this letter is to inform you that we are supportive of the proposed AC condenser unit in the side
yard setback and the required variance for the Keegan residence located at 25830 Birch Bluff Road, Shorewood,
MN. We have met with the Keegan's and we understand that the condenser unit will be placed adjacent to their
home, near the window well, as far away from the property line as possible but that it will be within the 10 -foot
side yard setback since their home is 10 feet from the property line as shown on the attached plan.
Sincerely,
Name(s)
JIz ( V--s q caw-puzaklz)
Address: 6 J 1 rrk IU.dW 2—orl (.
t�-X rP 1 C I MCI 66331
Signature:
Cc: Marie Darling, Planning Director
Attachment: Plan showing AC condenser unit location on property
RECEIVED
SEP 26 2017
CITY OF SHOREWOOD
WILLIAM H. HENNEY
25920 Birch Bluff Road
Shorewood, MN 55331
(612) 759 -1599
October 27, 2017
City of Shorewood
c/o Planning Department
5755 Country Club Road
Shorewood, MN 55331
Re: 25830 Birch Bluff Road, Shorewood
PID 29- 117 -23 -44 -0008
Dear Sir/Madam:
RECEIVED
OCT 31 2017
CITY OF SHOREWOOD
My wife Brenda and I reside at 25920 Birch Bluff Road. We support the Keegan's request for a
setback variance for their A/C condenser.
Sincerely,
William H. Henney
WdAlwhh -2017 /City of Shorewood
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September 26, 2017
City Council and Planning Commission Members
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Proposed Variance for AC Condenser Unit in Side Yard Setback for 25830 Birch Bluff Road
Dear City of Shorewood Council and Planning Commission Members:
This intent of this letter and the attached Zoning and Subdivision Application is to request a variance to Section
1201.03, Subd. 2, d, (6) of the City of Shorewood Zoning Regulations (City Code) which would allow for an air
conditioning (AC) condenser unit to be located within the side yard setback at the Keegan residence at 25830
Birch Bluff Road, Shorewood, MN. The proposed location for the AC condenser unit in close proximity to the
neighbors' two AC units and generator as shown on the attached survey of the property dated March 6, 2017.
In addition, I have included a letter of support from the adjacent neighbor as well as specifications on the
proposed AC condenser unit showing that we have selected a high efficiency low noise level unit.
The primary reason for the request is the unique and very narrow configuration of this property, being only 60'
in width but 330' in length. This is a new home construction project which was granted a variance in 2016 from
the total side yard setback requirement of 30 feet. This variance was granted due to the narrow configuration of
the lot and in exchange for a reduction in hardcover from 34.4% to 30% and increasing the side yard setback
from 4' to 10', which now meets the minimum requirements of the City Code. During this initial variance
request, we were unaware of a specific code on air conditioning units and thus did not include this level of
detail in the request. It was planned all along that our AC unit would be on the side of the home since that is
where the neighbors have their AC units as well as a very large generator. The thought being that we would
keep the noise generating appliances all in the same area so as to minimize the disturbance to ambient noise
conditions elsewhere.
The specific criteria listed in the City Code for variances are listed below followed by our responses.
Is the proposed variance a reasonable use of the property?
- The lot meets the minimum side yard setbacks of the City Code, but due to the unique configuration of
the lot being only 60' in width but 330' in length, there are limited development options available for a
lot this narrow and subsequently limited options for the location of the AC condenser unit;
- The proposed variance would allow for a high efficiency, low noise level, AC unit to be located on the
side of the home across from the neighbor's two AC units and generator. Locating the AC unit near the
neighbors units and generator minimizes the impact to ambient noise conditions elsewhere on the two
properties;
- Both the west an east side yard setbacks are 10 feet which would require a variance for the AC unit for
placement on either side of the home. The south, or street side, of the home is all garage doors and thus
would not accommodate the AC condenser unit. The north side, or lake side, of the home is where our
family, and the neighbor's family, spend their time enjoying the outdoors and sitting on our open
porches overlooking the lake. If the AC condenser unit was placed on the lake side of the home it would
increase the noise levels to both our home and our neighbors home as we are enjoying the lake
environment;
- It is reasonable, and consistent with other homes in the neighborhood, to have central air conditioning in
their homes which require an exterior AC condenser unit;
- The location of the home on the lot, positioned near the lake end of the lot, is desirable and common for
homes in the Shoreline District to enjoy the full view and access of the lake. It's location on the lot
meets the bluff and lake setback requirements in the City Code and is also consistent with the
neighboring home setbacks.
Are there circumstances unique to the property to justify the variance?
The property is unique from other properties on the block due to how narrow and deep the lot is (60'x
330'). The lot width is only sixty feet (60') wide, a third of which is required for setbacks, leaving only
40 feet of width to build the home. The narrowness of the property causes unique building challenges
which are the driving force behind the variance request to allow for the AC unit being located within the
side yard setback;
The location of the neighbors AC units as well as their generator make this a unique situation in that the
neighbors prefer that the AC unit be located in this area as well so as to have all of the noise generating
units are in the same area. There are limited windows in that area on both homes, no outdoor living
spaces, and the location is such that it provides the least noise and visual impact to the properties and
surrounding neighborhood;
- While the intent of the ordinance is to limit disturbance of the neighboring properties, its strict
application on this property would actually increase the disturbance to the neighboring property by
placing the AC Condenser unit in the rear yard where the neighbors enjoy the outdoor lake environment.
Have the circumstances requiring the variance been caused by the property owner(s)?
The narrow width of the lot was not caused by any of the property owners. The current side yard
setback of the home was actually increased during our recent building application process from the
existing side yard setback of four feet (4') to the current side yard setback of ten feet (10') which meets
the minimum requirements in the City Code. The location of the neighbors AC units and generator was
an existing condition that was not caused by the owners of the Keegan residence and the current
proposal is to attempt to best accommodate the existing conditions of the neighboring property.
Is the proposed use consistent with the zoning code and comprehensive plan?
The construction project is consistent with the current City zoning ordinances for General Development
(GD) in the Shoreland District and comprehensive plan for the area to be developed as residential
property. The construction project increased the existing side yard setbacks (from 4' to 10') and
decreased the hard cover on the property from 34.4% to 30 %. However, unless a variance is granted for
the proposed placement of the AC condenser unit, that component of the home construction would not
be consistent with Section 1201.03, Subd. 2, d, (6) of the City Code.
Does the variance alter the essential character of the area?
The proposed location for the AC condenser unit would not alter the character of the surrounding area
but rather would be more consistent with the surrounding property uses by locating it in an area with
other AC units and a generator. The neighbors support the location of the AC condenser unit and prefer
it over locating it in the front or back yard where noise will be generated in a new area where it is not
currently being generated.
Does the existing ordinance create a practical difficulty in achieving the manner of use?
The existing ordinance creates a practical difficulty in that it would require the AC condenser unit to be
placed in the front or rear yard areas which would increase the ambient noise levels in those areas.
While the intent of the ordinance is to limit disturbance of the neighboring properties, its strict
application would actually increase the disturbance to the neighboring property by placing the AC
Condenser unit in the rear yard where the neighbors enjoy the outdoor lake environment. These aspects
are unique to this property which will not create a precedent for other properties in the future unless they
are similarly narrow and deep with the adjoining property having similar infrastructure in close
proximity to the property line as well.
In summary, the granting of a variance for the AC condenser location will minimize any visual or noise impacts
to the neighboring property, is supported by the neighboring property, and is a unique situation that will not set
a precedent for other properties in Shorewood. The proposal is to attempt to best accommodate the existing
conditions of the neighboring property and narrow lot configuration of the Keegan residence. A letter of
support from the neighboring property is attached for your reference. We appreciate your time and
consideration of this variance request and are available to provide any additional information or answer any
questions you may have regarding the project.
Sincerely,
William and M anie Keegan
25830 Birch Bluff Road
Shorewood, MN 55331
612 - 845 -5075
Cc: Marie Darling, Planning Director
Attachments
- Zoning /Subdivision Application Form & Fee;
- Neighbor letter of support;
- 500' Property Buffer Map;
- Mailing list and Mailing labels of property owners within 500 feet;
- Proposed AC unit Product Specification Data Brochure;
- Property Survey dated March 6, 2017 showing proposed AC location & neighbors AC units;
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HVACpartners :: 186B Evolution® Single -Stage Air Conditioner
186BNA030000
186BNA036000
186BNA042000
Physical
Length: 35.00 in
Width: 35.00 in
Height: 40.25 in
Weight: 253 lb
Equipment Type: Air Conditioner
Refrigerant: R -410A
Metering Device: TXV
Air Flow: Verticle
Compressor: Scroll
Condenser Motor Type: PSC
Condenser Motor HP: 1/5
Condenser Motor RPM: 800
Inverter: No
Rows; 1
Stage: 2
Liquid Line Fitting: Sweat
Liquid Line Size: 3/8 in
Suction Line Fitting: Sweat in
Suction Line Size: 7/8 in
Maximum Piping Length: 250 ft.
Minimum Ambient Temperature: -20° F
Sound Level: 68 dBA
Low Pressure; Yes
High Pressure: Yes
Electrical
Cycle: 60
Phase: 1
Voltage: 208 -230
Maximum Fuse Size: 40 amp
Minimum Circuit: 23.4 amp
Rated Load: 17.9 amp
Locked Rotor: 112 amp
Full Load; 1 amp
Performance
Cooling Capacity: 39500 -42000
CFM: 3810
EER:11.5 -13.5
SEER: 13.5-16
Maximum SEER: 16
Tonnage: 3.5
Energy Star Rated: No
LEED Certified: No
ETL Certified: No
ETL Listed: No
UL Listed: Yes
UL Recognized: Yes
https : /Icatalog.hvacpartners.com /products /186B 2/3
Alit,
Applicant's Proposed Location
Neighbor's Existing Air Conditioner and Generator
RECEWED
SEP 2 8 2017
CITY OF SHOREWOOD
Neighbor's Existing Air Conditioner and Generator
RE VED
SEP 2 8 2011
CITY OF S jOREWOOD
LEGAL DESCRIMON:
The West 22 feet of Lot 11 and that part of Lot 12 lying East of a line parallel with and 94 feet East as
measured at right angles from the West line of Lot 13, Birch Bluff upper Minnetonka, Hennepin
County, Minnesota.
SCOPE OF WORK & LIMITATIONS:
I. Showing the length and direction of boundary lines of the legal description listed above. The
scope of our services does not include determining what you own, which is a legal matter.
Please check the legal description with your records or consult with competent legal counsel, if
necessary, to make sure that it is correct and that any matters of record, such as easements, that
you wish to be included on the survey have been shown.
2. Showing the location of observed existing improvements we deem necessary for the survey.
3. Setting survey markers or verifying existing survey markers to establish the corners of the
property.
4. Showing and tabulating impervious surface coverage of the lot for your review and for the
review of such governmental agencies that may have jurisdiction over these requirements to
verify they are correctly shown before proceeding with construction.
5. Showing elevations on the site at selected locations to give some indication of the topography of
the site. We have also provided a benchmark for your use in determining elevations for
construction on this site. The elevations shown relate only to the benchmark provided on this
survey. Use that benchmark and check at least one other feature shown on the survey when
determining other elevations for use on this site or before beginning construction.
6. While we show a proposed location for this home or addition, we are not as familiar with your
proposed plans as you, your architect, or the builder are. Review our proposed location of the
improvements and proposed yard grades carefully to verify that they match your plans before
construction begins. Also, we are not as familiar with local codes and minimum requirements as
the local building and zoning officials in this community are. Be sure to show this survey to said
officials, or any other officials that may have jurisdiction over the proposed improvements and
obtain their approvals before beginning construction or planning improvements to the property.
7. Note that all building dimensions and building tie dimensions to the property lines, are taken
from the siding and or stucco of the building.
8. While we show the building setback lines per the City of Shorewood web site, we suggest you
show this survey to the appropriate city officials to be sure that the setback lines are shown
correctly. Do this BEFORE you use this survey to design anything for this site.
STANDARD SYMBOLS & CONVENTIONS:
"0" Denotes iron survey marker, set, unless otherwise noted.
EXISTING HARDCOVER
REVISION DESCRIPTION
3 -7 -17
PROPOSED HARDCOVER
3 -13 -17
LOWERED PROPOSED HOUSE 2' PER CLIENT
House
2,534
Sq.
Ft.
House
2,638
Sq.
Ft.
Wood Deck East House
360
Sq.
Ft.
Wood Steps
316
Sq.
Ft.
Wood Deck Back House
43
Sq.
Ft.
Wood Dock
318
Sq.
Ft.
Wood Steps
316
Sq.
Ft.
Bituminous Driveway
2,611
Sq.
Ft.
Wood Dock
318
Sq.
Ft.
Shed
125
Sq.
Ft.
Bituminous Driveway
2,716
Sq.
Ft.
Boulder Rot. Walls
150
Sq.
Ft.
Shed
125
Sq.
Ft.
Conc. Walk SE of House 91
Sq.
Ft.
Stone Walk
70
Sq.
Ft.
Walk and Stoop East Hse.456
Sq.
Ft.
TOTAL PROPOSED HARDCOVER
6,249 Sq.
Ft.
Gone N. Side House
91
Sq.
Ft.
AREA OF LOT TO OHW
20,945 Sq. Ft.
Concrete Garage Apron
67
Sq.
Ft.
Ret. Walls
101
Sq.
Ft.
PERCENTAGE OF HARDCOVER TO
LOT
29.8%
TOTAL EXISTING HARDCOVER
7,197 Sq. Ft.
AREA OF LOT TO OHW
20,945 Sq. Ft.
PERCENTAGE OF HARDCOVER TO
LOT
34.4%
LE'GENIJ
,=S7D1'G COl1'7i17%R _ _ _ _ 925- _
> 9785
E'I70'1ING SPOT EL6f'A7TON
PROPOSED CO/ "[M —
PROPOSED EM74ffON /SPOT ELG74TION
t7V= YlP OF #"' A RKY ,&OTTOdf OF /1ALLJ
DRdM..fGE ,4"0F - FLO1T
.SILT FENCE /STRAA LOGS —
PROPOSED BODLDEIl JY"
F6 U. 5 TIA19 TREE
NOTE:• NO SIGMFIC4NT TREES , tRR 7Yl
BE P/157W"" DURING 6VYV br0TION
DATE
REVISION DESCRIPTION
3 -7 -17
GRADING & ADDED RETAINING WALL
3 -13 -17
LOWERED PROPOSED HOUSE 2' PER CLIENT
3 -14 -17
ADDED NEIGHBOR'S COVERED DECK
4-6 -17
PER CITY COMMENTS
925
GRADING & EROSION CONTROL NOTES:
Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary
BEFORE DBMOLI170N AND GRADING BEGIN to provide downstream protection.
Install silt fence/bio roll around the perimeter of the construction area.
re
Sediment control measures must remain in place until final stabilization has been established and then shah be removed. Sediment Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be moved
controls may be removed to accommodate short term construction activity but must be replaced before the next min. If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas.
A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of I to 2 inch rock Moisture shall be applied to disturbed areas to control dust as needed.
extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be
maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or Portable toilet facilities shall be placed on site for use by workers and shall be property maintained.
alleys. Potential enhances that are not so protected shall be closed by fencing to prevent unprotected exit from the site.
If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the
DURING CONSTRUCTION:
When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if double silt fence around these areas can filter the water before it leaves the site.
the pit" or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Temporary erosion control shall be installed no later than 14 days after the site is fast disturbed and shall consist of broadcast
Transportation Seed Mixnrre 22 -111 at 100lb/acm followed by covering with spray mulch. seeding with Minnesota Department of Transportation Seed Mixture 22 -111 at 160 IWacre followed by covering with spiny mulch.
A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsten, shall be serviced regularly to SITE WORK COMPLETION:
prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with When final grading has been completed but before placement of seed or sod an "as built' survey shall be done per City of
Minnesota Pollution Control Agency requirements. Shorewood requirements to insure that grading was properly done.
A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with When say remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep
MPCA requirements. areas
Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste. When turf is established, silt fence and inlet protection and other emsion control devices shall be disposed of and adjacent streets,
alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean.
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25830 BMCHBLUFFROAD
SHOREWOOD, MN
Advance
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17917 Highway 7
Minnetonka, Minnesota 55345
Phone (952) 474 -7964
Web: www.advsutcom
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— — — — — — — — — — — —
25830 BMCHBLUFFROAD
SHOREWOOD, MN
Advance
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17917 Highway 7
Minnetonka, Minnesota 55345
Phone (952) 474 -7964
Web: www.advsutcom
S
/ —
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s �Q \ PROPOSEDDWFLLENG
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1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR
REPORT WAS PREPARED BY ME OR UNDER MY Offer
SUPERVISION AND THAT I AM A DULY REGISTERED
PROFESSIONAL CIVIL ENGINEER UNDER THE LAWS OF THE
STAIE OF TA
X527-16
S. Rlnke
52716
LICENSE NO.
MARCH 6, 2017
DATE
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DATE SURVEYED: MAY 29, 2015
SURVEYED BY
ADVANCED SURVEYING. & FNG., C.O.
DATE DRAFTED: MARCH 6, 2017
SHEETTITLE
PROPOSED SURVEY
DRAWING NUMBER
# 170088 e71R
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SHEET NO.
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SHEET 1 OF 1
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A SETBACK VARIANCE
FOR WILLIAM AND MELANIE KEEGAN FOR
PROPERTY LOCATED AT 25830 BIRCH BLUFF ROAD
WHEREAS, William and Melanie Keegan (Applicants) are the owners of real property
located at 25830 Birch Bluff Road, legally described as:
The west 22 feet of Lot 11 and that part of Lot 12 lying east of a line parallel with and 94
feet east as measured at right angles from the west line of Lot 13, Birch Bluff Upper
Minnetonka, Hennepin County, Minnesota; and,
WHEREAS, the Applicants have an existing single- family dwelling, which dwelling is
located 10 feet from the both the east and west side property lines; and,
WHEREAS, the zoning regulations do not permit air conditioning equipment within 10
feet of the property line in any zoning district; and,
WHEREAS, the Applicants have applied for a setback variance to install an air
conditioner in the side -yard setback near where their neighbors located their equipment; and,
WHEREAS, the Applicants' request was reviewed by the Planning Director, whose
recommendations are included in a memorandum for the November 7, 2017 meeting, a copy of
which is on file at City Hall; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on November 7, 2017, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
November 27, 2017, at which time the Planning Director's memorandum and the Planning
Commission's recommendations were reviewed and comments were heard by the Council from
the Applicant and from the City staff, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property is located in an R -1C /S district, Single- Family
Residential/Shoreland zoning district, which requires a minimum 10 -foot setback from the side lot
line with a total required setback of 30 feet and the property owner received a variance to allow
construction up to 10 feet from both side lot lines.
2. The existing home on the property is nearing construction and the home was sited
at 10 feet from each side property line.
3. The Applicants propose to install their air conditioner at six feet from the west side
property line where 10 feet is the minimum required by the zoning regulations.
CONCLUSIONS
A. The Applicants have satisfied the criteria for granting a variance under the
Shorewood City Code and established a practical difficulty as defined by Minnesota Statutes.
B. Based upon the foregoing, the City Council hereby grants to the Applicants a
setback variance to install an air conditioner at six feet from the west side -yard property line
where the zoning regulations require ten, subject to the applicant receiving any applicable building
permits.
C. The City 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 27th day of
November, 2017.
ATTEST:
SANDIE THONE, CITY CLERK
SCOTT ZERBY, MAYOR
-2-
#7E
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Channing and Jessica Scott — Setback Variance to Construct a Second Story
Addition
Meeting Date: November 27, 2017
Prepared by: Marie Darling
Reviewed by: Patti Helgesen
Review Deadline: February 1, 2018
Attachments: Planning Staff Memorandum
Resolution
Policy Consideration: Should the City grant a front setback variance to allow the applicants to build a
second story addition to a home at 5915 Galpin Lake Road?
Background: See attached Planning Director's memorandum for detailed background on this item.
At the November 7, 2017 meeting, the Planning Commission recommended approval of the item with
a vote of three in favor and one opposed. The Commissioner voting against the motion cited concerns
with increasing the nonconformity of the home where the goal with nonconforming homes is
conformance. The applicants were present, but no one else requested to speak.
Financial or Budget Considerations: The applicant's application fees cover the cost of processing the
request.
Options: Approve, deny or modify the resolution.
Recommendation / Action Requested: The Planning Commission recommended to approve the
request based on the findings that the criteria for a variance has been met, specifically that the
applicant has identified that there is a practical difficulty in complying with the regulations and that
the request is the minimum variance request to alleviate the practical difficulty.
Next Steps and Timelines: If the item is approved, the applicant could submit their request for a
building permit.
Connection to Vision / Mission: Quality public services
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.
S: �Plaaning�Planning Files �Applications�2017 CURRENT CASES �SCatt Setback Variance�CAF 171127.doc
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 •952 -960 -7900
Fax: 952 -474 -0128 • www.ci.shorewood.mn.us • cityhall&i.shorewood.mmus
TO: Planning Commission, Mayor and City Council
FROM: Patti Helgesen and Marie Darling
MEETING DATE: November 7, 2017
RE: Scott, Channing and Jessica — Setback Variance
LOCATION: 5915 Galpin Lake Road
REVIEW DEADLINE: February 1, 2018
ZONING DISTRICT: R -1C /S
FILE NO.: 405 (17.26)
REQUEST
Channing and Jessica Scott have
requested a variance to build a second
story addition on their home and attached
garage. The existing attached garage
encroaches 10 feet into the required 35
foot front -yard setback area.
The applicants originally proposed to re-
orient their garage doors to become side -
loading, but that part of the application
became problematic due to the amount of
fill and complications with a public
sewer easement on the north side of the home. Consequently, the applicants elected not to move
forward with that portion of the request. At this time, the project would have no change to the existing
impervious surface coverage. Staff noted the change on the attached survey.
Notice of this application was published in both the City's official newspapers and mailed to all property
owners within 500 feet of the property at least 10 days prior to the meeting.
Page 2
BACKGROUND
Context: The existing home is a rambler -style walkout built in 1977 (see photos). The property is
adjacent to Galpin Lake and within the Shoreland District.
City records indicate that the site plan for the proposed house location was not done by a surveyor and
the house was staked out in error (see 1977 site plan). The site plan shows a 35 -foot front setback but it
was actually built at 25.1 feet. Furthermore, due to the topography of the lot, the property file records
indicate that there was 2000 cubic yards of fill added to the site as part of the construction process.
Applicable Code Sections:
Section 1201.03 Subd. 1 of the zoning regulations contains provisions that address nonconforming
structures. Specifically, section 1201.03 Subd. 1. i. states: "Lawful nonconforming, single - family
residential units may be expanded, provided ... that the expansion does not increase the nonconformity
and complies with height and setback requirements of the district in which it is located."
Consequently, in order to expand the home over the existing non - conforming garage, a variance to the
minimum front setback in the R -1 C/S district (35 feet) is required. The remainder of the second story
addition may move forward with a request for a building permit.
ANALYSIS
In their request letter, the applicant's state that the proposed area over the existing garage is a potential
living space for aging parents. The applicants' plans (attached) include the proposed second story
addition over the entire footprint of the home. Their goals with this addition are two -fold:
• Improve the aesthetics of their home from the street
• Add additional floor area for bedrooms, including a "parent's suite" so that their parents
may move in with them as more care is needed
The zoning regulations allow for variances upon showing that practical difficulties exist and that the
request is consistent with the intent of the regulations. Section 1201.05 Subd. 2. b. of the zoning
regulations sets forth criteria for the consideration of variance requests. Staff reviewed the request
according to these criteria, as follows:
Intent of comprehensive plan and zoning regulations. The property is guided and zoned for
residential purposes and the property owner would continue to use the property for residential
purposes.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met:
a) reasonableness; b) circumstances unique to the property and not caused by the landowner;
and c) maintenance of the essential character of the area.
a. Reasonable use of land: Staff weighed the case of the applicant's ability to make
reasonable use of the property without the variance with their goals for the addition.
The applicants have designed the home to improve the appearance of the walkout
Page 3
rambler and their desire to bring the garage into visual harmony with the rest of the
building plan includes carrying over the sweeping roof lines throughout the proposed
second floor, including the living space above the garage.
b. Self- Created: The current property owners did not create the practical difficulty for
this property. The error resulted from the original construction in 1977.
C. Essential Character: If the variance is granted to add a second story over the existing
garage, it would have minimal impact to adjacent properties, nor alter the essentially
character of the locality. There is no neighbor to the north of the subject property and the
home on the property to the south is set back about 70 feet from the front property line.
Additionally, the homes along the road have a wide variety of fiont setbacks (varying
from 31 feet to over 300 feet) and architectural styles. Consequently, the additional
height and massing closer to the street would not be as noticeable as in an area where all
the homes are at a similar setback.
3. Special privilege. The circumstances are unique to the property in that the nonconforming
setback is already established.
4. Impact to adjacent properties. The property owners are not proposing anything that would
impair an adequate supply of light and air to an adjacent property, increase the risk of fire or
endanger public safety or unreasonably diminish or impair values in the neighborhood.
5. Staff finds the Planning Commission could find requested variance is the minimum necessary to
alleviate the practical difficulties. The design with the sweeping roof lines sacrifices some
potential living space in the area above the garage and throughout the second story to maintain
the proposed design character and that reduction minimizes their request.
RECOMMENDATION
Because staff finds that the applicants request has met some of the conditions of the variance better than
others, staff recommends the Planning Commission review the request against variance criteria and
forward a recommendation to the City Council.
ATTACHMENTS:
Location map
Property Survey
Photographs of Existing House
Applicants' Narrative
Building Plans
1977 Site Plan
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DESCRIPTION OF PROPERTY:
Lot 1, Block 1, WEYKER ADDITION, -
Hennepin County, Minnesota. Subject
to easements of record. -
PROJ. NO. :1269 -00
BOOK 6, PAGE 62
REVISED: 10102117 - PROPOSED DRIVEWAY, - IMPERVIOUS
REVISED: 09105117 - FRONT ENTRY
-1 hereby certify that this survey was prepared by me or under
my direct supervision and that I am a duly licensed Professional
Land Surveyor under the laws of the State of Minnesota. -
22703 11/01/14
- Steven V. Ische License No. Date
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Lot Size: -(To OHM 24,390 s.f.
Existing House & Garage:
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- 23.8
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454 s.f.
Existing Paver Walkway. -
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DESCRIPTION OF PROPERTY:
Lot 1, Block 1, WEYKER ADDITION, -
Hennepin County, Minnesota. Subject
to easements of record. -
PROJ. NO. :1269 -00
BOOK 6, PAGE 62
REVISED: 10102117 - PROPOSED DRIVEWAY, - IMPERVIOUS
REVISED: 09105117 - FRONT ENTRY
-1 hereby certify that this survey was prepared by me or under
my direct supervision and that I am a duly licensed Professional
Land Surveyor under the laws of the State of Minnesota. -
22703 11/01/14
- Steven V. Ische License No. Date
Traverse PC
r , I
7 r ! 1 \.4 ,
SEM
S,Ly LIN LOT/1 ' !
I
-IMPERVIOUS: CALCULATIONS:
Lot Size: -(To OHM 24,390 s.f.
Existing House & Garage:
2645 s.f.
Proposed Entry Addition:
103 s.f.
Existing Decks : - -
454 s.f.
Existing Paver Walkway. -
362 s.f.
Existing Concrete Sidewalks:
216 s.f.
Proposed Driveway:
1525 s.f.
Remaining Side Driveway.
339 s.f.
Total Impervious Area: 5644 s.f
Impervious % : - 23.14%
- LEGEND-
-0-
Power Pole =
-X
Spot Elevation
0
Found Iron Pipe
—
Power Pole
Deciduous Tree
—FO FO—
Fiber Optic
—T T --
Telephone Line
�V �G
Pine Tree
—G G—
Gas Line
PROPOSED RETAINING
WALL -
MIER
LAND SURVEYING, LLC
952 -443 -3010
Existing House - Front
Existing House - Rear
Existing House — North Side
Existing House — South Side
This proposal letter is to request and substantiate the grant of a Variance for a residence at 5915 Galpin
Lake Rd. in Shorewood, MN. The Variance requested is relatively minor, and as shown below clearly
meets all of the parameters set forth in section 1201.05 of the city regulation to support a finding in
favor of the Variance. Further, if granted, this Variance will not violate, or circumvent any of the
parameters set forth in section 1201.05.
Slope of the Garage Roof
The petitioner requests a Variance allowing a change to the slope of our garage roof which partially lies
within the current City setback regulation. The reasons for changing the slope of the roof are primarily
to bring the property into visual harmony with the rest of our building plan (as can be seen on the
included plans), allowing the roof to better blend in visually, and to create a potential living space for
aging parents with major health conditions.
• The proposed roof shall be constructed of the same siding, roofing and windows as will be used
throughout our house plan
• The proposed roof shall be finished in the identical style as the rest of the house
• The proposed roof slope will allow for the addition of window boxes, and seasonal plantings
• The proposed change in slope is desired, intended, and shall be built specifically to be unobtrusive and
"low key ", blending in with the neighborhood.
Support of Favorable Findings
City ordinance 1201.05 sets forth the conditions under which Variances such as those proposed in this
letter would be found acceptable to the Planning Commission. The petitioner is confident that the
proposed Variances fall within these guidelines, notably;
A) There are special circumstances and conditions regarding our property at 5915 Galpin Lake Rd. that
would deprive the petitioner of a reasonable and minimum use of our land. Our house was built to
conform to earlier setback regulations, before the current setbacks were in place. We have no plans
to encroach further into any setback territory; we intend to stay completely within the current footprint
of the garage as it has existed for 40 years.
B) The granting of a variance will not be detrimental to the public health or welfare or injurious to other
people in the vicinity. The proposed Variance does no harm to either public or private interests, and is
not injurious to any property or interest. In fact, granting the proposed Variance will serve only to
create a more pleasing visual harmony, by virtue of the careful architectural design to make the roof
lines blend visually.
C) The granting of such Variance will not be materially detrimental to the public welfare, or the rights
and uses of other property owners. The proposed Variance does no harm to either public or private
interests, and is not injurious to any property or interest. In fact, granting the proposed Variance will
RECEIVED
NOV — 2 2017 APPLICANTS' NARRATIVE
CITY OF SHOREWOOD
serve only to create a more pleasing visual harmony, by virtue of the careful architectural design to
make the roof lines of the garage blend in with the rest of our home plans.
D) The granting of the Variance will not constitute a grant of special privileges. The homes on Galpin
Lake Rd. have many widely varied setbacks, and some of the older homes are actually closer to the road
setback line than 5915 Galpin Lake Rd. The main point that we were trying to make is that the houses
on our road have a very wide variety of setbacks. Some are well over 150' back from the road, and
others are much closer. So if the Variance were granted our house would not stick out from a row of
houses that are uniformly set back from the road. In addition, the road has a few curves, and hills
within our neighborhood, and we are the last house on the north end. The road itself, the house styles,
and the house setbacks are all very irregular, and there is no one style or setback that we would be
obviously sticking out from. As previously stated there is no desire to expand upon the footprint of the
current garage.
E) The granting of such Variance will be in harmony with the general purpose and intent of regulation
1201.05. The proposed garage change is designed, laid -out, and shall be constructed in a manner that
achieves harmony with the neighborhood, fosters peaceful relations with neighbors, and blends in
visually in a low -key, unobtrusive manner with the surroundings. As such, it is clearly in harmony with
the overall intents and purposes of the City regulations.
Additionally, the proposed change to the garage roofline that this Variance is being requested for does
not encroach or infringe on any neighboring residential properties, nor would it impose any hardship on
any neighbors, nor would it serve to create a situation where any neighbor's quality of life, property
value, or peaceful co- existence would be negatively affected. Quite the contrary, the proposed
Variance would allow the petitioner to visually improve the overall look of the garage and enhance the
feel of the area, and preemptively provide the space to allow aging parents with declining major health
issues an option should it be quickly and unexpectedly needed in the near future. The proposed
Variance request is the minimum variance necessary to alleviate the practical difficulties.
Plans, photographs, and a property survey in support of the requested Variance are attached hereto
Respectfully submitted,
Channing and Jessica Scott
RECEIVED
NOV - 2 2017
CITY OF SHOREWOOD
WINDOW SCHEDULE
WDW- F MARVIN INTEGRITY WINDOWS
APPROX.
QUANTITY
ROUGH OPENING
Oq
ITDH 3660 -3W
R.O. 10' -0 111' X 5' -0 1/4'
1
OFRONT
ENTRY BY
MILLWORK PROVIDER
R,O. 5' -4 I 12' X 6' -10 112'
1
OITDH
3264 -2W
R.O. 5' -4 112' X 5' -4 1/4'
2
Op
ITDHP 3648 W/ IALM 3616
R.O. 3' -0 112' X 5' -4 1/4'
2
OE
ITDHP 6248 W/ FIXED TRAN 6216
R.O. 5' -2 112' X 5' -4 1/4'
1
OITDH
4260 -2W
R.O, -1' -0 1/2' X 5' -0 1/4'
5
OITDH
3660 -2W
R.O. 6' -0 112' X 5' -0 114'
3
OITDH
3056 -2W
R.O. 5' -0 1/2' X 4' -8 1/4'
2
Oj
ITDH 3260
R.O- 2' -8 112' X 5' -0 114'
2
OITDH
3660
R.O. 3' -0 112' X 5' -0 1/4'
3
OIAWN
3616
R.O. 3' -0 112' X 1' -4 1/4'
3
OREPLACE
IN EXIST OPG
R.O. FIELD VERIFY SIZE
I
ITDH 2240 -2W
EX, BA
OREPLACE
IN EXI5T OPG
R.O. FIELD VERIFY SIZE
I
u
ITDH 3048
OREPLACE
IN EXIST OPG
R.O. FIELD VERIFY SIZE
I
ITDH 3060 -2W
GENERAL NOTES:
U TYPICAL HEADER 2 -9 112' LVL HDR
UNLESS NOTED OTHERWISE
2) WINDOW NUMBERS SHOWN ARE FROM 'MARVIN INTEGRITY' WINDOWS CATALOG
VERIFY MFG. COLOR AND OPTIONS W/ OWNER.
3) PROVIDE SOLID BLOCKING o FLOOR SYSTEM
TO DISTRIBUTE POST LOAD5 DOWN TO STRUCTURE BELOW
4) TYP WDW HEADER HGT.
FIRST FLOOR 0 6' -10 112'
SECOND FLOOR 0 6' -10 112'
EX, DECK
EX
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EX. KITCHEN/ 11
II
EX, LAUNDRY EX MUDROOM I
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CABMET _---- ___ - }-� 1
OEX WDW
GIRDER TR155
20' ENG FLOOR TRU55E5
24. O.G.°
EX. GARAGE
j' TTPE ' %' Gyp BD
(WALLS E CEILN5)
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-- - -'0 -6 - - -__ - -- GIRDER TR1155- - - -- --
118 XT OVERUEAp DOOR O
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ENG. SUPER ATTIC TRJ55E$ I X
24. O.G.' 1
I I
I NEW 2.16• LVL
1 HOR ®T'•6'
ABOVE SLAB I
NEW OVERHEAD DOOR
IN EXI5TING LOCATION
3' -2' IB'•0' 3' -2'
1
EX, DECK
I II
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GUEST ROOM/
EX- PORCH 1
1°�
EX. pTN 1
EX, Lam'
Q
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B
ROOM
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EX. KITCHEN/ 11
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EX, LAUNDRY EX MUDROOM I
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CABMET _---- ___ - }-� 1
OEX WDW
GIRDER TR155
20' ENG FLOOR TRU55E5
24. O.G.°
EX. GARAGE
j' TTPE ' %' Gyp BD
(WALLS E CEILN5)
r -_ --- ----- ---- --
-- - -'0 -6 - - -__ - -- GIRDER TR1155- - - -- --
118 XT OVERUEAp DOOR O
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ENG. SUPER ATTIC TRJ55E$ I X
24. O.G.' 1
I I
I NEW 2.16• LVL
1 HOR ®T'•6'
ABOVE SLAB I
NEW OVERHEAD DOOR
IN EXI5TING LOCATION
3' -2' IB'•0' 3' -2'
1
EX, DECK
I II
II �
-
H W/
HOOKS
NE
'•0' 3' -E
NEWFRONT
STOOP
NEW T CONC O
FR05T
FOWDATION W/
20'XB'FOOTMGS
FOR STOOP E
FIREPLACE PROD,
FIRST FLOOR PLAN
2 1/4' = 1' -0'
TOTAL FIRST FLOOR SQUARE FOOTAGE = 2115 SQ FT,
(EXCLUDING GARAGE AREA)
REMOVE EXISTNG
ROOFFRAMMG 1
CEILUG OVER NEW
GREAT ROOM
NEW GREAT
ROOM
NEW GTP BD CLG
NEW 645
FIREPLACE
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ISSUE
A1AY 1, 2017
REVISIONS
AUGUST 10, 2017
OCTOBER 31, 2017
FLOOR PLAN
First Floor (existing)
GUEST ROOM/
OFFICE
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BATH
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HOOKS
NE
'•0' 3' -E
NEWFRONT
STOOP
NEW T CONC O
FR05T
FOWDATION W/
20'XB'FOOTMGS
FOR STOOP E
FIREPLACE PROD,
FIRST FLOOR PLAN
2 1/4' = 1' -0'
TOTAL FIRST FLOOR SQUARE FOOTAGE = 2115 SQ FT,
(EXCLUDING GARAGE AREA)
REMOVE EXISTNG
ROOFFRAMMG 1
CEILUG OVER NEW
GREAT ROOM
NEW GREAT
ROOM
NEW GTP BD CLG
NEW 645
FIREPLACE
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2.5 i' L
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ISSUE
A1AY 1, 2017
REVISIONS
AUGUST 10, 2017
OCTOBER 31, 2017
FLOOR PLAN
First Floor (existing)
WINDOW SCHEDULE
WDW.'MARVIN INTEGRITY WINDOWS
APPROX.
QUANTITY
9' -]•
5' -5'
ROUGH OPENING
3'•B'
OITDH
3660 -3W
R.O. 10' -0 112'X 5' -0 1/4'
1
OFRONT
ENTRY BY
R.O. 5' -4 1/2' X 6' -10 1/2'
1
MILLWORK PROVIDER
4' -6'
OITDH
3264 -2W
R.O. 5' -4 1/2' X 5' -4 114'
2
Op
ITDHP 3645 W/ IAU.N 3616
R.O, 3' -0 112' X 5' -4 1/4'
2
OITDHP
6248 W/ FIXED TRAN (5216
R.O. 5' -2 1/2' X 5' -4 114'
1
OITDH
4260 -2W
R.O. 1' -0 112'X 5' -0 1/4'
5
OITDH
3660 -2W
R.O. 6' -0 112' X 5' -0 114'
3
OITDH
3056 -2W
R.O. 5' -0 1/2'X 4'-01/4'
2
OITDH
3260
R.O. 2' -S 112' X 5' -0 1/4'
2
OITDH
3660
R.O. 3' -0 112' X 5' -0 1/4'
3
OIAWN
3616
R.O. 3' -0 112' X 1' -4 1/4'
3
OREPLACE
IN EXIST OPG
R.O. FIELD VERIFY SIZE
I
= I LVL MDR
ITDH 2240 -2W
7.9 LvL HDR
74
OREPLACE
IN EXIST OPG
R.O. FIELD VERIFY SIZE
I
ITDH 3045
--
Sua�R
OREPLACE
IN EXIST OPG
R.O. FIELD VERIFY SIZE
I
ITDH 3060 -2W
I
GENERAL NOTES -
1) TYPICAL HEADER 2 -9 112' LVL HDR
UNLESS NOTED OTHERWISE
2) WINDOW NUMBERS SHOWN ARE FROM 'MARVIN INTEGRITY' WINDOWS CATALOG
VERIFY MFG. COLOR AND OPTIONS W/ OLMER.
3) PROVIDE SOLID BLOCKING 0 FLOOR SYSTEM
TO DISTRIBUTE POST LOADS DOUR) TO STRUCTURE BELOW
4) TYP WDW HEADER HGT,
FIRST FLOOR 9 6' -10 1/2'
SECOND FLOOR 0 6' -10 112'
Q SECOND FLOOR PLAN
3 1/4' = 1' -0'
TOTAL FIRST FLOOR SQUARE FOOTAGE = 2115 50 FT.
(BONUS ROOM AREA = 436 SQ. FT.)
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ISSUE
MAY 1, 2017
REVISIONS
AUGUST 10, 2017
OCTOBER31, 2017
FLOOR PLAN
Second Floor (proposed)
5'•0' 10' -10'
5' -6'
9' -]•
5' -5'
13'•4'
3'•B'
IS' -10'
5' -3'
6' -2'
4' -B'
4'•B'
4' -6'
6' -B'
6' -B'
l'•3'
B'•'1•
0
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- - - --
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-- -= -
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= I LVL MDR
F
TUB uu
7.9 LvL HDR
74
2.9 J' LVL MR
2.9;'
LK MDR
--
Sua�R
-
II
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I
13'• 0,X14' -4•
EL41W 2
=
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BEDROOM 02
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=
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2' -4'
4' -3'
5'•3'
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4'-0'
24' -4'
28'•9 W-
2340'
Q SECOND FLOOR PLAN
3 1/4' = 1' -0'
TOTAL FIRST FLOOR SQUARE FOOTAGE = 2115 50 FT.
(BONUS ROOM AREA = 436 SQ. FT.)
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ISSUE
MAY 1, 2017
REVISIONS
AUGUST 10, 2017
OCTOBER31, 2017
FLOOR PLAN
Second Floor (proposed)
4 1/4' = P -m'
I � STEPS I I 1
FRONT ELEVATION
114' = 1' -0'
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ISSUE
MAY 1, 2017
REVISIONS
AUGUST 10, 2017
OCTOBER 31, 2017
BUILDING ELEVATIONS
Front and South Side
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5 1/4' = 1' -0'
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MAY 1, 2017
REVISIONS
AUGUST 10, 2017
OCTOBER 31, 2017
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Rear and North Side
5UIL®INC;; SECTION
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MAY 1. 2017
REVISIONS
AUGUST 10, 2017
OCTOBER 31, 2017
JOB #161501
SHEET #
6
OF
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" TO BE COMPLETED BY VILLAGE
INSPECTOR;
. _
YES. NQ
1. Does construction meet
ordinance set -back re uirem
q. ents
2. Does lot meet ordinance
building site requirements?
3. Does proposed construction
comply with building code?
4. Have all required plans
been submitted?
and specifications for Water
5. Does well specifications meet minimum. requirements?
P. Are varzances'requi.red.
7. Does :sail bearing test,
if needed, indicate soil
approved for construction.
-is
of foun.'datiori?
8,. Cheek for Sanitary Sewer
Service elevation? V
9. Energy Conservation
Data
H supplied?. at'.
P (Heat Loss
Comments:
Recommendation -is :made. for issuance of permit for
Remodeling We .
Date: ,
Bu i l di ng I`nspECaor of: Shorewood
20630 Manor .Road'
Shorewood, htfd 5,533 1
CITY OF SHOREWOOD
RESOLUTION NO. 17-
A RESOLUTION GRANTING A SETBACK VARIANCE
TO CHANNING AND JESSICA SCOTT ON PROPERTY
LOCATED AT 5915 GALPIN LAKE ROAD
WHEREAS, Charing and Jessica Scott (Applicants) are the owners of real
property located at 5915 Galpin Lake Road, legally described as:
Lot 1, Block 1 Weyker Addition, Hennepin County, Minnesota, subject to easement of
record;
And,
WHEREAS, the Applicants have an existing single- family dwelling with a garage that is
currently located 25.1 feet from the front property line where 35 feet is required in the R -1C /S
zoning district; and
WHEREAS, the Applicants have applied for a setback variance to construct a second -
story above the home and garage and said addition would increase the nonconformity as
prohibited by the zoning regulations; and
WHEREAS, the Applicants' request was reviewed by the City Planner, whose
recommendations are included in a memorandum for the November 7, 2017 meeting of the
Planning Commission, a copy of which is on file at City Hall; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at the November 7, 2017 meeting, the minutes of which meeting are
on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
November 27, 2017, at which time the Planner's memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the Council from the Applicant
and from the City staff, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property is located in an R -1C /S zoning district, which requires a 35-
foot setback from the front lot line.
2. The existing attached garage on the property is nonconforming, being located 25
feet from the front property line, where 35 feet is required.
3. The Applicants propose to expand the home by adding a second story addition
over both the home and garage and the additional space above the garage would provide a parents
suite.
4. Section 1201.03 Subd. 1. i. of the zoning regulations contain provisions that
address nonconforming structures and specifically prohibit expansions of non - conforming
structures where the nonconformity would be increased without a variance.
CONCLUSIONS
A. The Applicants have satisfied the criteria for the grant of a variance under the
Shorewood City Code and has established practical difficulty as defined by Minnesota Statutes.
B. Based upon the foregoing, the City Council hereby grants to the Applicants a
setback variance to build a second story addition, subject to the applicant obtaining all necessary
permits prior to construction of the home.
C. The City 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 27th day of
November, 2017.
ATTEST:
SANDIE THONE, CITY CLERK
SCOTT ZERBY, MAYOR
-2-
® #8A
MEETING TYPE
City of Shorewood Council Meeting Item REGULAR
Title / Subject: Joint Purchase with Excelsior and Tonka Bay of Sewer Jet /Vac Truck
Meeting Date: November 27, 2017
Prepared by: Larry Brown, Public Works Director
Reviewed by: Greg Lerud, City Administrator, Joe Rigdon, Interim Finance Director, and Tim Keane,
City Attorney
Attachments: Agreement
Policy Consideration: Should the City Council enter into an agreement to jointly purchase, and
operate, a sewer jet /vac truck with the Cities of Excelsior and Tonka Bay?
Background: For several years, the Cities of Excelsior and Tonka Bay have owned and operated a
Jet /Vac truck. At the time that unit was originally purchased, the City of Shorewood opted not to join in
on this and chose to purchase a much smaller trailered vac. unit. At this time, the cities of Excelsior and
Tonka Bay desire to replace their existing truck.
Knowing that a replacement was in the works, the Shorewood staff indicated that we would also be
willing to participate in a joint purchase, as Shorewood has had numerous occasions where the smaller
trailer mounted unit did not have enough power to clear obstructions that occurred in the sanitary
sewer mains, and resorted to borrowing the larger jet /vac truck. Since these types of occurrences are
becoming more frequent, and the costs for the larger units are substantial, staff is recommending
participating on the joint purchase. Attachment 1 to this report is a proposed agreement.
If the joint purchase of the jet /vac truck is approved, staff is also recommending that Shorewood's vac
trailer and trailered jetter be traded back to the vendor. The vendor has provided very good trade in
values for the Shorewood units.
In addition, it is worth noting that the agreement proposes and ongoing storage fee to the City Excelsior.
Since all of the cities are tight on storage space, the City of Excelsior has proposed making the necessary
changes to one of their buildings for storage. If approved, Shorewood and Tonka Bay will have 24 hour
direct access to the unit.
Financial or Budget Considerations: This agreement provides for splitting the costs equally three ways.
The City's share of the purchase of this truck is in the CIP for a 2018 purchase. It was anticipated that
the cities would not reach an agreement to purchase and jointly share the equipment until next year.
However, the City of Tonka Bay has been pushing to complete the purchase by the end of the year. The
funds are available in the Sewer fund for this purchase regardless of which year it occurs. In fact, by the
time Tonka Bay receives the equipment and invoices the cities, it may be after the January 1, 2018
before the City pays its share.
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
Options: The city council has three options:
1. Approve the agreement as presented.
2. Not approve the agreement.
3. Give staff other direction to negotiate changes to the proposed agreement.
Recommendation / Action Requested: Staff recommends approving the agreement as presented. This
is a needed piece of equipment and the ability to jointly purchase this equipment is beneficial to all
three cities. In addition, the jet /vac trailer and trailered jetter will be traded into the successful vendor.
Next Steps and Timeline: It is anticipated that the cities of Excelsior and Tonka Bay will act on the
proposed agreement within the next thirty days. Once all of the cities have approved an agreement,
the order will be placed for the unit. It is anticipated that the unit would be delivered in May of 2018.
Connection to Vision / Mission: Providing adequate necessary equipment for maintence helps insure
safe and continuous operation of the wastewater collection system.
JOINT PURCHASE AGREEMENT BETWEEN THE CITY OF TONKA BAY, THE
CITY OF EXCELSIOR, AND THE CITY OF SHOREWOOD FOR THE
COOPERATIVE
PURCHASE AND USE OF PUBLIC WORKS EQUIPMENT
This Joint Purchase Agreement ( "Agreement ") is made and entered into this day of
, 2017 by and between the City of Tonka Bay ( "Tonka Bay "), the City of
Excelsior ( "Excelsior "), and the City of Shorewood ( "Shorewood "), each a municipal
corporation under the law of the State of Minnesota, collectively referred to herein as the
"Parties" or individually as a "Party."
RECITALS
A. Each of the Parties have a limited need for a JetterNactor truck (generally, the
"Equipment ").
B. The estimated cost of the Equipment is approximately $ exclusive of any costs
(e.g., tax, title, license, etc.).
C. Rather than each Party incurring the costs to purchase, maintain, and store such Equipment,
the Parties agree it is in their mutual best interests to establish a cooperative agreement
whereby they share in the acquisition and use of new Equipment.
D. The Parties are authorized pursuant to Minnesota Statutes, section 471.59 to exercise their
shared powers cooperatively and jointly in the purchase and use of such Equipment.
AGREEMENT
In consideration of the mutual undertakings and understandings expressed herein, the Parties
hereby agree as follows:
Purpose. The purpose of this Agreement is to establish a process for the Parties to agree to
cooperatively purchase, use, maintain, and store the Equipment as outlined herein.
2. Responsible Party. Tonka Bay shall serve as the responsible Party ( "Responsible Party ")
for purchasing and insuring the Equipment cooperatively purchased under this Agreement.
3. Storage. The City of Excelsior shall primarily store the Equipment when it is not being used
by another Party. Each Party shall be responsible for short -term storage while the Equipment
is being used by that Party, as well as returning the Equipment to Excelsior following such
use. The Excelsior Public Works Superintendent ( "Excelsior Superintendent ") shall notify
the Tonka Bay Public Works Superintendent ( "Tonka Bay Superintendent ") and the
Shorewood Public Works Director ( "Shorewood Director ") of the process for removal and
return of the Equipment from its storage location. Each Party hereto shall have the right to
remove and return the Equipment in accordance with the use schedule required under this
Agreement. In return for Excelsior storing the Equipment, each Party agrees to pay Excelsior
an annualized rate of $1200.00 , or $100.00 per month per Party. Such payment shall be
made in full by each Party to Excelsior, without demand, no later than January 31st of each
year.
4. Cooperative Purchase of Equipment. The Parties agree that the cooperative purchase of
the Equipment shall be accomplished in accordance with this section.
(a) Proposal to Purchase. Each Party, through its Director or Superintendent, may propose to
the other Directors or Superintendents the cooperative purchase of a new or
replacement item of Equipment that would be beneficial to the Parties in providing
public works services within their respective cities. If the Directors and
Superintendents agree to proceed with the proposed purchase, each shall seek such
approvals as may be required to authorize the cooperative purchase of the identified
item of Equipment.
(b) Purchase. Upon the authorization by all Parties, the Responsible Party agrees to
undertake the necessary process to purchase the item of Equipment in accordance with
all applicable public contracting laws. The Director or Superintendent for each Party
shall agree on the specifications for the item of Equipment before the Responsible Party
formally undertakes the purchasing process.
(c) Cost Share. Each Party shall be responsible for one -third of the purchase price of the
Equipment, inclusive of all costs associated therewith. The respective cost - sharing
responsibilities of each Party are identified in Exhibit A, attached hereto.
(d) Payment. The Responsible Party shall notify each Party in writing of the required
payment for its equal 1/3 share of the Equipment prior to the Responsible Party
purchasing such Equipment. Each Party shall remit payment for their invoiced amount
within 30 days of receiving such invoice. Upon receipt of each Party's payment
hereunder, the Responsible Party shall purchase and pay for the Equipment in full.
(e) Ownership. The Equipment shall be owned in equal undivided shares by the Parties
hereto. Upon disposition of the Equipment cooperatively purchased under this
Agreement, each Party shall be entitled to one -third of the proceeds of the sale as
provided in the following paragraph.
(f) Disposition. The Director or Superintendent for each Party must agree, in writing, to
dispose of the Equipment cooperatively purchased under this Agreement. The Party
who served as the Responsible Party to purchase the item of Equipment shall be
responsible for disposing of it and promptly paying the other Party its one -third share of
the proceeds from the sale. If an item of Equipment is being traded in on a new item of
Equipment, the trade -in value shall reduce the purchase price of the new item of
Equipment in equal shares for each Parties. The item of Equipment acquired through
the trade -in shall be subject to the approval process outlined in paragraphs 4(a) and (b)
above and owned, used, and maintained in accordance with the terms of this
2
509130v,��y6 AMB TN115 -1
Agreement. Before the item of Equipment is made available for purchase by the
general public, a Party hereto may elect to purchase the other Parties' interests in the
item of Equipment by paying one -third of the agreed upon value of the item of
Equipment. Notice of an election to purchase must be provided in writing to the other
Parties within fifteen (15) days of the determination of the agreed upon value of the
item of Equipment. No Party may elect to purchase another Party's share in the
equipment unless that Party elects to purchase all Parties remaining shares in the
Equipment in order to obtain full ownership of the Equipment. Should one Party
purchase the equitable share in the Equipment of another party, such purchase shall not
confer on the purchasing Party any greater or additional rights to use the Equipment
over the remaining Party holding an interest in the Property. The sale of a Party's
interest in the Property shall dispose of that Party's right to use the Equipment under
the terms of this Agreement.
(g) Costs. Costs incurred in the purchase, maintenance and operation, administration, and
disposition of the Equipment shall be allocated as provided herein. All ongoing
payment obligations shall follow the process provided in paragraph a, below.
a. Administrative Costs. Each Party agrees to reimburse the Responsible Party for
the administrative costs incurred pursuant to the administration of this Agreement,
including but not limited to the costs associated with the preparation of this
Agreement, securing bids for the purchase of the Equipment, executing the
purchase of the Equipment, and any other administrative costs incurred. The
Responsible Party shall provide each Party with a written invoice outlining its
share of the costs incurred hereunder, and each Party shall remit payment to the
Responsible Party within 30 days of receiving such invoice. The Parties agree
that the Responsible Party shall invoice each Party semi - annually on March 31st
and September 30th of each calendar year, except that if at any time the balance
due to the Responsible Party exceeds $500.00 per Party, the Responsible Party
may immediately invoice each Party in addition to the semi - annual invoices
allowed hereunder. In the event that the administrative costs incurred under this
Agreement are reasonably expected to exceed $1,000.00, the Responsible Party
shall obtain prior written permission from each Party prior to incurring such costs.
All initial costs incurred by the Responsible Party up to the date of delivery of the
Equipment shall be invoiced to each Party within 30 days of delivery of such
Equipment, and future costs shall be invoiced according to the provisions of this
section.
b. Maintenance and Minor Repairs. The Responsible Party agrees to perform
routine maintenance on the Equipment cooperatively purchased under this
Agreement. Routine maintenance includes lubricants (grease, oil, or other fluids),
repair of flat tire, replacement or repair of any minor damage reasonably caused
during normal use, etc. The other Parties agree to reimburse the Responsible
Party for one -third of the costs of routine maintenance, including a reasonable
charge for labor to conduct such maintenance. Each Party agrees to ensure that
the Equipment is cleaned and all fuel and fluids are full after use. In the event a
509130v,��y6 AMB TN115 -1
shared maintenance cost is estimated to exceed $10,000.00, the Responsible Party
agrees to obtain the prior written consent and /or prepayment of the other Parties
prior to undertaking such maintenance.
c. Insurance. The Responsible Party shall insure the Equipment purchased under
this Agreement and agrees to name the other Parties as an additional insured on
the policy. Each Party shall be responsible for one -third of the annual insurance
premium to insure the Equipment. The non - responsible Parties agree to
reimburse the Responsible Party for their one -third share of the costs of such
insurance. Each Party shall be responsible for maintaining its own general
liability insurance and workers' compensation insurance covering its own
employees while they are operating, maintaining, or otherwise utilizing the
Equipment pursuant to this Agreement.
5. Cooperative Use of Equipment. The Parties agree that the Equipment cooperatively
purchased under this Agreement shall be available for use by the Parties in accordance with
this section.
(a) Schedule. The Parties shall establish a schedule for the use of the Equipment to allow all
Parties a reasonable period of time to utilize the Equipment. Such schedule shall be
reduced to writing and signed by all Directors and Superintendents annually. All
changes to the schedule must be made in writing, signed by each of the Directors and
Superintendents.
(b) Use. Equipment shall only be used for its intended purpose. No Party shall lease, rent,
loan, or otherwise permit Equipment cooperatively purchased pursuant to this
Agreement to be used by anyone who is not a party to this Agreement without the
written consent of each of the other Parties.
(c) Liability. If the Equipment is damaged while it is being used by one of the Parties, that
Party shall be responsible for paying 100% of any deductible on the insurance claim.
Notwithstanding this provision, to the extent that such damage can reasonably be
repaired pursuant to the maintenance responsibilities under paragraph (c) above, the
Responsible Party shall make sure repairs and invoice each Party for their respective
share pursuant to the payment terms herein. Any repair which is required due to the
negligence of any Party shall be the sole responsibility of that Party to repair. Failure
by any Party to repair any such damage within a reasonable time shall result in the
suspension of that Party's right to use the Equipment under this Agreement until such
time as the repairs are made to the reasonable satisfaction of the other Parties. If such
party fails to make such repairs, the Responsible Party may elect, at its discretion, to
make such repairs and invoice the negligent Party for the full costs of such repairs. The
negligent Party shall not regain its right to use the Equipment until such time as it
repays the Responsible Party for those repairs. Failure to repay for such repairs after
180 days' written notice shall result in the negligent Party abandoning its equitable
interest in the Equipment, and such interest shall transfer in equal shares to the non -
negligent Parties.
4
509130v,��y6 AMB TN115 -1
6. Hold Harmless. Each Party shall be liable for its own acts to the extent provided by law and
hereby agrees to indemnify, hold harmless and defend the other Parties, their officers and
employees against any and all liability, loss, costs, damages, expenses, claims or actions,
including attorneys' fees, which any other Party, its officers and employees, may hereafter
sustain, incur or be required to pay, arising out of or by reason of any act or omission of the
indemnifying Party, its agents, servants or employees, in the execution or performance or
failure to adequately perform its obligations pursuant to this Agreement. Nothing in this
Agreement shall require a Party to indemnify, hold harmless, or defend any other Party for
the other Party's own acts or omissions.
7. Liability Limits. It is understood and agreed that the Parties' liabilities shall be limited by
the provisions of Minnesota Statutes, chapter 466, and /or other applicable law. The hold
harmless provision of this Agreement does not constitute a waiver by any Party of limitations
on liability provided under Minnesota Statutes, section 466.04, as amended. To the fullest
extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be
and shall be construed as a "cooperative activity" and it is the intent of the Parties that they
shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in
Minnesota Statutes, section 471.59, subdivision la(a), as amended. Each Party to this
Agreement expressly declines responsibility for the acts or omissions of any other Party.
Each Party agrees to promptly notify the other if it knows or becomes aware of any facts or
allegations reasonably giving rise to actual or potential liability, claims, causes of action,
judgments, damages, losses, costs or expenses, involving or reasonably likely to involve the
other Party, and arising out of acts or omissions related to this Agreement.
8. Workers Compensation. It is hereby understood and agreed that any and all employees of a
Party, the Party's contractors and subcontractors, and all other persons employed, retained,
contracted with or otherwise engaged and all other persons employed by the Party related to
this Agreement shall not be considered employees of the other Party and that any and all
claims that may or might arise under the Workers' Compensation Act of the State of
Minnesota on behalf of said employees shall in no way be the obligation or responsibility of
the other Party.
9. Records. Pursuant to Minnesota Statutes, section 16C.05, Subd. 5, the Parties agree that
each other Party, the State Auditor, the Legislative Auditor, and any of their duly authorized
representatives at any time during normal business hours and as often as they may reasonably
deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe
any books, documents, papers, records, etc., which are pertinent to the accounting practices
and procedures of the Parties and involve transactions relating to this Agreement.
10. Data Privacy. Each Party, its employees, agents, owners, partners, and subcontractors, agree
to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota
Statutes, chapter 13 and implementing regulations, if applicable, and all other applicable state
and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and
as any of the same may be amended.
509130v,��y6 AMB TN115 -1
11. Default. Default in this Agreement may occur when a Party fails to perform any of the
provisions of this Agreement or so fails to administer the work as to endanger the
performance of this Agreement.
12. Withdrawal. Any Party may terminate this Agreement upon 180 days' written notice given
to the other Parties. Only the governing bodies of the Parties have the authority to act
pursuant to this provision of this Agreement. Upon a notice to withdraw from this
Agreement by any Party, the Equipment shall be sold at a fair market value in a manner
consistent with state law. The proceeds from such a sale shall be divided in equal shares and
distributed among the Parties. In the alternative, the non - withdrawing Parties may, in equal
portions, pay to the withdrawing Party an amount equal to one -third of the fair market value
of the Equipment. In such event, the non - withdrawing Parties shall acquire equal 50% shares
in the Equipment.
13. Term. The Parties agree the duration of this Agreement shall be governed by this section.
(a) Duration. This Agreement will be in force for a period of five years from the date of
execution. Any Party may withdraw from this Agreement as outlined herein. This
Agreement will automatically renew for subsequent five -year terms unless any Party
provides the other Parties written notice at least ninety (90) days before the end of the
then current term of its intent to not renew this Agreement.
(b) Equipment Division. On or before the expiration of this Agreement the Parties will
determine whether to retain or dispose of the cooperatively purchased Equipment. The
Parties agree to work in good faith to reach agreement on an equitable division of the
retained Equipment. The disposal of any Equipment shall be accomplished in
accordance with the disposition of cooperatively purchased Equipment as stated in
paragraph 4(f) of this Agreement (based on its useful life remaining as determined by
industry standards, or by a dealer appraisal if requested by a Party. If more than one
Party wants to retain one the Equipment, the Parties shall determine who will retain the
Equipment by random drawing. Value will be determined by dealer appraisal selected
by mutual agreement of the Parties. This disposition of the Equipment shall be
completed as soon as is reasonably possible after the termination of the Agreement.
14. Entire Agreement. It is understood and agreed that the entire agreement between the Parties
is contained herein and that this Agreement supersedes all oral agreements and negotiations
between the Parties relating to the subject matter hereof. Any alterations, variations,
modifications, or waivers of provisions of this Agreement shall only be valid when they have
been reduced to writing as an amendment to this Agreement and signed by all Parties.
15. Severability. If any part of this Agreement is rendered void, invalid or unenforceable by a
court of competent jurisdiction, such rendering shall not affect the remainder of this
Agreement unless it shall substantially impair the value of the entire Agreement with respect
to any Party. The Parties agree to substitute for the invalid provision a valid provision that
most closely approximates the intent of the invalid provision.
6
509130v,��y6 AMB TN115 -1
16. Applicable Laws. The laws of the State of Minnesota shall apply to this Agreement.
17. Third Parties. This Agreement does not create any rights, claims or benefits inuring to any
person that is not a party hereto nor create or establish any third party beneficiary.
[SIGNATURE PAGE FOLLOWS]
7
509130v,��y6 AMB TN115 -1
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement effective as of the date first written above.
City of Tonka Bay
By:
Mayor
Attest:
By:
City Administrator
Date:
City of
Shorewood
By:
Mayor
Attest:
By:
City Administrator
Date:
City of Excelsior
By:
Mayor
Attest:
By:
City Manager
Date:
8
509130v,��y6 AMB TN115 -1
EXHIBIT A
Cost Sharing Payments
Total Purchase Cost of the Equipment: $353,998.00
City of Tonka Bay $117,996.00
City of Excelsior $117,996.00
City of Shorewood $117,996.00
Trade -in Credits. Each party shall be entitled to the following deductions from the cost
sharing payments specified herein, should they choose to trade in their currently -owned
equipment and apply the monies received from those trade -ins to the Total Purchase Cost
of the Equipment:
City of Tonka Bay $4,000.00
City of Excelsior $4,000.00
City of Shorewood $25,000.00
These trade -in credits are based on reasonably anticipated trade -in values for the existing
equipment owned by each city. If the actual trade -in values differ, the actual trade -in
values shall be used to calculate the appropriate credits. Because the Cities of Excelsior
and Tonka Bay currently jointly own similar equipment, each City shall be entitled a
trade -in credit equal to 50% of the trade in value, should they option to make such trade.
Nothing herein shall require any Party to trade in its currently -owned equipment.
#10A.1
MEETING TYPE
City of Shorewood Council Meeting Item Regular
Title / Subject: October 2017 General Fund Monthly Budget Report
Meeting Date: November 27, 2017
Prepared by: Joe Rigdon, Interim Finance Director
Reviewed by: Greg Lerud, City Administrator
Attachments: October General Fund Revenues and Expenditures vs Budget
October Cash and Investment Balances
Policy Consideration:
A General Fund budget report is provided to the City Council for review on a monthly basis.
Background:
The following information describes the unaudited financial results of the City's General Fund as of
October 31, 2017. Comparisons between year -to -date amounts through October for revenues and
expenditures are included to assist in gauging fund performance.
r,anaral Find
Revenues:
• Property tax revenues for the General Fund were $2,654,194 through October 2017,
which represents the first half of 2017 property tax collections, and equates to 51.2% of
the total 2017 property tax levy of $5,180,996. The second half property taxes will be
received in December 2017.
• Licenses and permits amounted to 109.3% of budget, or $261,401 through October of
2017. The majority of the revenue consisted of building permits and plan check fees. As
a comparison, licenses and permits revenues through October of 2016 were $196,921.
• Intergovernmental revenues were $89,959 through 10/31/17, decreasing from $126,866
recorded in the prior year comparable period. The decrease was due to the receipt of
Minnehaha Creek Watershed District funds (Christmas Lake inspections) in the first
quarter of 2016.
• Charges for services amounted to 141.3% of budget, or $54,664 through October of
2017. This compares to $32,612 recorded revenues through October of 2016.
• Fines and forfeitures of $56,299 were recorded through 10/31/17 (93.8% of budget), as
compared to $33,252 through 10/31/16.
• Miscellaneous revenues totaled $187,641 through 10/31/17. Antenna rent is the largest
component, and amounted to $162,745 through October 31, 2017. No investment
interest earnings are typically allocated to the General Fund until the fourth quarter.
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.
• Budgeted 2017 transfers in from utility funds of $25,000 were recorded in January 2017.
These include $12,500 from the Water fund, and $12,500 from the Sewer fund.
• Total General Fund revenues (excluding transfers in) amounted to $3,304,158, or 56.7%
of budget through 10/31/17. Revenues through October for 2017 were 3.3% higher
than prior year revenues through October 2016.
Expenditures:
• General government expenditures through October 2017 were $1,199,786 (80.2% of
budget), or 5.5% higher than the comparable prior period.
• Council expenditures were higher through October in 2016, due to the inclusion
of payments to the Christmas Lake Homeowner's Association.
• Administration costs were 79.2% of budget and reflect a shift from contracted
administrator services in 2016 to wages and benefits in 2017.
• Finance department expenditures were at 86.3% of budget through October
2017.
• Professional Services department expenditures were at 98.7% of budget largely
due to various fixed costs, including audit and assessing, being paid in full earlier
in the year.
• Planning expenditures were at 87.5% of budget and significantly higher through
October 2017, as compared to October 2016, largely attributable to employee
separation payments.
• Public safety expenditures were $2,062,251 through 10/31/17 (95.4% of budget),
increasing 9.0% from $1,892,626 through 10/31/16.
o A $157,253 increase in police protection was related to monthly payment timing
differences between years (11 months of operations recorded through October
2017, versus 10 months recorded through October 2016).
• Public works expenditures totaled $573,681 through 10/31/17 (55.3% of budget),
decreasing from $598,061 through 10/31/16.
• Parks and recreation expenditures amounted to $219,233 through October 2017 (90.6%
of budget), a $10,515 decrease from the comparable prior period.
• Transfers out to other funds were $0 through October 2016, as compared to $1,804,913
through October 2017. Budgeted transfers out of $1,104,913 were recorded in January
2017 to reflect the availability of the funds during the year. In 2016, budgeted transfers
were not recorded until December 2016. Additionally, $700,000 of 2017 transfers from
the General Fund were authorized by Council action and recorded in March 2017.
• The General Fund exhibited an overall 5.1% increase in expenditures (not including
transfers out) from $3,857,993 through 10/31/16, as compared to $4,054,951 through
10/31/17. Removing the effect of the police costs payment timing difference results in
an overall 2.6% increase in General Fund expenditures.
A Cash and Investment Balances report is included for October 31, 2017.
Financial or Budget Considerations:
This report is intended to provide budget to actual and comparative financial information for the
General Fund.
Options:
1. Accept the monthly budget report.
2. Do not accept the monthly budget report.
Recommendation / Action Requested:
Staff recommends that the City Council accept the monthly budget report.
Next Steps and Timeline:
The General Fund budget report for November 2017 will be prepared and distributed in January 2018.
Connection to Vision / Mission:
The review of periodic reporting of financial information is a component of sound financial
management.
General Fund
Revenues and Expenditures vs Budget
Through October 31, 2017
% Collected/ One Year
Description Budset Period Amt YTD Budset % Expended Prior Actual
General Fund Revenues
Taxes
Licenses & Permits
Intergovernmental
Charges for Service
Fines & Forfeits
Misc Revenues
Total General Fund Revenues
Other Financing Sources
Transfers In
Total Revenues and Other Financing Sources
General Fund Expenditures
General Government
Council
Personal Services
Supplies
Other Services and Charges
Council
Administraton
Personal Services
Supplies
Other Services and Charges
Administraton
Finance
Personal Services
Supplies
Other Services and Charges
Finance
Professional Services
Other Services and Charges
Professional Services
Planning
Personal Services
Supplies
Other Services and Charges
Planning
Municipal Buildings
Supplies
Other Services and Charges
Municipal Buildings
5,180,996
2,654,194
4,317,497
51.2%
2,638,052
239,180
261,401
199,317
109.3%
196,921
90,751
89,959
75,626
99.1%
126,866
38,700
54,664
32,250
141.3%
32,612
60,000
56,299
50,000
93.8%
33,252
213,900
187,641
178,250
87.7%
171,634
5,823,527 3,304,158 4,852,939 56.7% 3,199,337
25,000 25,000 20,833 100.0% 0
5,848,527 3,329,158 4,873,773 56.9% 3,199,337
22,600 18,480 18,833 81.8% 18,480
2,000 2,147 1,667 107.4% 842
116,500 35,496 97,083 30.5% 90,511
141,100 56,123 117,583 39.8% 109,833
402,154 319,056 335,128 79.3% 194,066
20,900 16,034 17,417 76.7% 13,168
42,550 33,581 35,458 78.9% 127,780
465,604 368,671 388,003 79.2% 335,014
142,273 94,109 118,561 66.1% 116,346
15,600 7,560 13,000 48.5% 21,737
17,300 49,456 14,417 285.9% 42,457
175,173 151,125 145,978 86.3% 180,540
236,400 233,317 197,000 98.7% 192,836
236,400 233,317 197,000 98.7% 192,836
178,797 194,832 148,998 109.0% 145,999
450 449 375 99.8% 407
97,000 46,428 80,833 47.9% 8,737
276,247 241,709 230,206 87.5% 155,143
21,300 10,087 17,750 47.4% 21,846
180,000 138,754 150,000 77.1% 142,346
201,300 148,841 167,750 73.9% 164,192
Total General Government 1,495,824 1,199,786 1,246,520 80.2% 1,137,558
General Fund
Revenues and Expenditures vs Budget
Through October 31, 2017
Fire Protection
% Collected/
One Year
Description
Budset
Period Amt
YTD Budset
% Expended
Prior Actual
Capital Outlay
256,648
256,648
213,873
100.0%
270,620
Public Safety
629,624
629,587
524,687
100.0%
639.088
Police Protection
178.822
174.884
149.018
Protective Inspections
186.176
Supplies
0
0
0
N/A
3,601
Other Services and Charges
1,180,050
1,084,313
983,375
91.9%
922,934
Capital Outlay
214,000
213,807
178,333
99.9%
214,332
Police Protection
1.394.050
1.298.120
1.161.708
93.1%
1.140.867
Fire Protection
Other Services and Charges
372,976
372,939
310,813
100.0%
368,468
Capital Outlay
256,648
256,648
213,873
100.0%
270,620
Fire Protection
629,624
629,587
524,687
100.0%
639.088
Park Maintenance
178.822
174.884
149.018
Protective Inspections
186.176
Personal Services
126,299
115,794
105,249
91.7%
106,981
Supplies
200
0
167
0.0%
245
Other Services and Charges
10,550
18,750
8,792
177.7%
5,445
Protective Inspections
137,049
134,544
114,208
98.2%
112,671
Total Public Safety
2,160,723
2,062,251
1,800,603
95.4%
1,892,626
City Engineer
Other Services and Charges
89,725
47,916
74,771
53.4%
68,406
City Engineer
89,725
47,916
74,771
53.4%
68.406
Public Works Service
Personal Services
516,365
295,421
430,304
57.2%
276,991
Supplies
160,200
73,136
133,500
45.7%
120,658
Other Services and Charges
166,100
115,504
138,417
69.5%
94,375
Public Works Service
842.665
484.061
702.221
57.4%
492.024
Ice & Snow Removal
Personal Services 61,465 14,977 51,221 24.4% 16,591
Supplies 44,000 26,727 36,667 60.7% 21,040
Ice & Snow Removal 105.465 41.704 87.888 39.5% 37.631
Total Public Works 1,037,855 573,681 864,879 55.3% 598,061
Parks and Recreation
Park Maintenance
Personal Services
115,022
134,471
95,852
116.9%
127,307
Supplies
23,300
12,582
19,417
54.0%
24,435
Other Services and Charges
40,500
27,831
33,750
68.7%
34,434
Park Maintenance
178.822
174.884
149.018
97.8%
186.176
Recreation
Personal Services
41,575
31,184
34,646
75.0%
30,928
Supplies
7,700
3,935
6,417
51.1%
3,472
Other Services and Charges
13,900
9,230
11,583
66.4%
9,172
Recreation
63.175
44.349
52.646
70.2%
43.572
Total Parks and Recreation 241,997 219,233 201,664 90.6% 229,748
Total General Fund Expenditures 4,936,399 4,054,951 4,113,666 82.1% 3,857,993
General Fund
Revenues and Expenditures vs Budget
Through October 31, 2017
% Collected/ One Year
Description Budset Period Amt YTD Budset % Expended Prior Actual
Other Financing Uses
Transfers Out - Southshore Center
Transfers Out - EDA Debt City Hall
Transfers Out - Equipment Replacement
Transfers Out - Street Improvements
Transfers Out - Park Capital
Total Other Financing Uses
Total Expenditures and Other Financing Uses
70,000
95,000
58,333
135.7%
0
102,913
102,913
85,761
100.0%
0
120,000
120,000
100,000
100.0%
0
770,000
1,245,000
641,667
161.7%
0
42,000
242,000
35,000
576.2%
0
1,104,913
1,804,913
920,761
163.4%
0
6,041,312 5,859,864 5,034,427 97.0% 3,857,993
General Fund, Net (192,785) (2,530,706) (160,654) 1312.7% (658,656)