06-25-18 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JUNE 25, 2018 7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Zerby___
Johnson___
Labadie___
Siakel___
Sundberg___
B. Review Agenda
Attachments
2. CONSENT AGENDA
– Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. City Council Regular Meeting Minutes of June 12, 2018 Minutes
B. Approval of the Verified Claims List Claims List
C. Approve a Goose Lake Management Plan for Timber Lane HOA Planning Director Memo
3. MATTERS FROM THE FLOOR
(No Council Action will be taken)
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Presentation by Tim Litfin on Tour de Tonka Event and Community Education Update
B. Hennepin County Sheriff Stanek
C. Eric Evenson – Minnetonka Lake Association
6. PARKS
7. PLANNING
A. Commissioner Dustin Maddy Report on June 5, 2018 Planning Commission Meeting Minutes
.
B. Conditional Use Permit for Soil Extraction in Excess of 400 cu. yd Planning Director Memo
Applicant: Schroeder Management, LLC. Resolution 18-064
Location: 27960 Smithtown Rd.
CITY COUNCIL REGULAR MEETING AGENDA – JUNE 25, 2018
Page 2
C. Shoreline Setback Variance Planning Director Memo
Applicant: Tschida Construction Resolution 18-065
Location: 4495 Enchanted Lane
D. Zoning Ordinance Amendment – Body Art Establishments Planning Director Memo
Applicant: Jonathan Higgens Ordinance 557
Ordinance 558
Resolution 18-066
8. ENGINEERING/PUBLIC WORKS
A. Accept Bids and Award Contract for the 2018 Street Reconstruction, Engineer Memo
City Project 17-04 Resolution 18-067
B. Accept Resignation from Joe Lugowski, Utility Operator, and Public Works Director
Authorize Advertisement for Hiring Utility Operator for Public Works Memo
9. GENERAL/NEW BUSINESS
A. Electric Franchise Administrator Memo
Ordinance 559
Ordinance 560
Resolution 18-068
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. See Click Fix – Administrator Communications Coordinator Memo
2. Monthly Budget Report Interim Finance Director Memo
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
TUESDAY, JUNE 12, 2018 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Acting Mayor Siakel called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Councilmembers Johnson, Labadie, and Siakel; Attorney Keane; City Administrator
Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown;
and, City Engineer Fauske
Absent: Mayor Zerby and Councilmember Sundberg.
B. Review Agenda
Acting Mayor Siakel noted that items 5A, Eric Evenson, Lake Minnetonka Association and 5B, Hennepin
County Sheriff Stanek under Reports and Presentations will be moved to the agenda for June 25, 2018
Council meeting.
Labadie moved, Johnson seconded, approving the agenda, as amended. Motion passed 3/0.
2. CONSENT AGENDA
Acting Mayor Siakel reviewed the items on the Consent Agenda.
Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of May 29, 2018
B. Approval of the Verified Claims List
C. Appointment of 2018 Election Judges and Absentee Ballot Board RESOLUTION NO.
18-058, “A Resolution Appointing 2018 Primary and General Election Judges and
Establishing an Absentee Ballot Board.”
D. Authorization to Execute Grant Agreement – Badger Park, RESOLUTION NO. 18-
059, “A Resolution Authorizing Execution of Agreement.”
E. Personnel Policy Update, RESOLUTION NO. 18-060, “A Resolution Updating the
Shorewood Personnel Policy.”
F. Appointment of Minnetonka Community Education Board (MCE), RESOLUTION
NO. 18-061, “A Resolution Making an Appointment to the Minnetonka Community
Education (MCE) Advisory Council.”
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 12, 2018
Page 2 of 6
Motion passed 3/0.
3. MATTERS FROM THE FLOOR
Ron Goetz, 5790 Echo Road, stated that he has lived at this property since 2003 and normally this time of
year he would like to get outside and enjoy his deck and open windows, which is how he spent the first 14
years on his property. He said everything changed dramatically about a year ago and now he closes every
door and window because of the lacrosse field. He stated that he is not against kids or sports, but there is a
problem because of the position of the field and the goal that is in close proximity to his deck. He played
two audio recording from his phone from a daytime game and an evening game. He stated it is very loud
and very difficult to deal with it because there is no way to eliminate the noise. He stated that he has been
in contact with Planning Director Darling to discuss some ideas of ways to include a thicker tree line or
some other buffer to deflect the noise coming from the lacrosse field. He read aloud from ordinance 501-
05, Subd. 13, that talks about noise that is over and above a normal level of noise. He understands that this
ordinance was written directed at private citizens, but he feels this ordinance has been violated because this
is very clearly a noise disturbance.
Acting Mayor Siakel directed Planning Director Darling and staff to come up with some possible solutions
and costs.
Planning Director Darling noted that the City had picked up a few trees from the tree sale with the intent to
use them at the Southshore Center originally, but they will not work there, so she is planning to shift those
to this area to help thicken up the tree line.
Councilmember Labadie asked if lacrosse balls had ever entered Mr. Goetz’s property.
Mr. Goetz stated that he has a collection of about 10 balls that he has found up by his deck. He stated that
he thinks some of them were thrown at his property intentionally and isn’t sure why. He stated that he has
hit them with his lawnmower before and those become a dangerous projectile.
Councilmember Labadie asked that the record reflect that there were two audio recordings from a cell phone
played for the Council. She asked where Mr. Goetz was physically when they were recorded. Mr. Goetz
stated that he was on his deck holding his phone when he recorded them.
Councilmember Johnson asked how many of Mr. Goetz adjacent neighbors are also impacted by the noise.
Mr. Goetz noted that the home on his right is a rental house and the property on his left will be affected
once the playground is put in place. He stated that he thinks it is just these houses that have a problem
because the sound seems to funnel into the lower area, although he stated that the people that live across
the street from him have told him they can hear the fields at night.
4. PUBLIC HEARING - None
5. REPORTS AND PRESENTATIONS - None
6. PARKS - None
7. PLANNING
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 12, 2018
Page 3 of 6
A. Request for Variance to Lot Size at 5885 Eureka Road
Planning Director Darling stated that the applicant would like to take down the existing home and detached
garage and build a new home with attached garage. She noted that the lot was created prior to modern
zoning requirements and noted that the applicant is planning to put in a rain garden in the northeast corner
of the property to help offset the increase in impervious surface. She stated that the Planning Commission
had recommending approval of the variance at their June 5, 2018 meeting.
Johnson moved, Labadie seconded, Adopting RESOLUTION NO 18-062, “A Resolution Granting a
Variance to Conrad Lee Nil on Property Located at 5885 Eureka Road.” Motion passed 3/0.
8. ENGINEERING/PUBLIC WORKS
A. Approve Plans and Specifications for Boulder Bridge Well Controls and Authorize
Advertisement of Bids, City Project 18-01
Director Brown explained that on December 12, 2017, the council approved the design proposal for plans
and specifications for the Boulder Bridge Well Controls located at 28125 Boulder Bridge Drive. He noted
that if the Council approves plans, bids will be opened on July 12. He noted that staff is recommending
approval and said that the Engineer estimates the cost to be $195,141 and the budgeted amount was
$200,000.
Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 18-063, “A Resolution Approving
Plans, Specifications and Estimates and Authorizing Advertisement for Bids for Boulder Bridge Well
Control Project,” City Project 18-01. Motion passed 3/0.
9. GENERAL/NEW BUSINESS
A. Parking Restrictions
Administrator Lerud explained the for the past couple of years, the City has received numerous complaints
about construction vehicles parking on the streets around this construction site near the Birch Bluff Road
construction project. He noted that these vehicles are not parked illegally, however there are times when
two vehicles cannot pass because of the parked cars. He noted that the construction manager has put up No
Parking signs, but those are not enforceable from a law enforcement standpoint. He noted that staff met
with the project managers, who are present at tonight’s meeting, in May to look at ways to alleviate the
issue and try to reduce complaints. He noted that following preparation of the memo in the packet, staff
received a letter from the president of the project management company and they noted that they are aware
of the concerns. Lerud stated that the project manager indicated that they will be looking for a Certificate
of Occupancy very soon and traffic will be substantially less in the next 30-45 days. He said he confirmed
that time line with the Building Official. Several the required inspections have been completed and the
project manager has requested to schedule a final inspection for the house. Lerud said there are other
inspections that also need to be completed.
Councilmember Labadie was not aware that a Certificate of Occupancy inspection was expected within 30-
45 days. She asked if that was accurate. Administrator Lerud stated that a Certificate of Occupancy can
be granted if the landscaping has not been completed provided the owner escrow 150% of the estimated
cost to complete that work.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 12, 2018
Page 4 of 6
Councilmember Johnson stated that he would like to know how much landscaping work will need to be
done following the Certificate of Occupancy.
Tom Larson, Senior Project Manager for John Kraemer and Sons, stated that the landscaping required after
receipt of the Certificate of Occupancy would last approximately another 45-50 days. He stated this will
greatly reduce the number of workers that are currently on the site. He noted that the perceived
inconvenience of having 12-14 cars parked along that stretch of the road will also be greatly decreased. He
compared other construction work sites and noted that he sees the same population of cars on other streets.
Councilmember Johnson noted that he had driven by today to look and counted 16 vehicles parked there
for that site. Mr. Larson asked where he started counting and if it was beyond Elmridge Circle.
Councilmember Johnson that he made the turn from Grant Lorenz by the person directing traffic and then
drove straight west and there were 16 cars lined up on the right side of the street.
Mr. Larson clarifies that he spends 90% of his time on this site and they have taken great strides in moving
the parking away from that busy intersection.
Acting Mayor Siakel stated that she thinks the length of the project has complicated things because it has
been going on at least for a few years. She understands that there have been attempts made with parking at
Howard’s Point, but feels the longevity of the project is an issue. She understands that some of the parking
issues will be alleviated when they receive the Certificate of Occupancy but asked if there was a plan for
when the trees and shrubs would be brought in and unloaded.
Mr. Larson stated that is currently going on and noted that they had three truckloads today. He stated that
there have been three other homes constructed in the area since this project has begun and feels that some
of the complaints coming in have been simply painting them with a broad brush and it may not even be
their issue.
Councilmember Labadie stated that she is offended by the term “perceived inconvenience”. She stated that
they live here, and it is an inconvenience when school buses cannot make it through and must stop with 30
kids sitting on the bus. She stated that it is an inconvenience when City Hall receives calls that people are
concerned that emergency vehicles will not be able to make it through when necessary. She stated that
there was a letter in the Council packet indicating John Kraemer and Sons were sorry that our staff had to
be inconvenienced and field calls from residents. She stated that was not an inconvenience because the
Council and staff are here to serve the residents. She stated that it is not a fair comparison to compare this
project to other projects because she feels this house may be one of the largest houses in the entire State
and has been going on for years. She thanked them for putting someone in place to help manage traffic at
the intersection and believes that has greatly improved safety at the blind intersection. She stated that this
was much appreciated by the residents, but there are many people who are afraid to let their children ride
their bike to the beach or to school at Minnewashta Elementary because of this project. She stated that she
realizes that there are other projects in the City and even in the area, but she reiterated that it is not fair to
term this as a “perceived inconvenience”. She is very glad that this project is nearing the end.
Acting Mayor Siakel stated that it comes down to a balance of the rights of the property owner to develop
and the concerns of the neighbors living in the area. She stated that she is not in favor of taking any action
on this time tonight, she is comfortable with this because the Certificate of Occupancy has been requested
and suggested revisiting this before school starts. She would support staff working with Mr. Larson to get
the project wrapped up.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 12, 2018
Page 5 of 6
Councilmember Johnson asked Mr. Larson if the person managing traffic will stay on-site until everything
is completed, including the landscaping. Mr. Larson stated that the person who works that intersection is
provided by John Kraemer and Sons, so as long as they are still operating the site as the general contractor,
that person will be there.
Gary Kraemer, President of John Kraemer and Sons, stated that their client is very safety conscious and
brought many of these concerns to them before the project even began. He stated that he cannot speak for
the property owner, but, thinks he will be in favor of keeping somebody there on-site.
Councilmember Labadie thanked Mr. Larson and Mr. Kraemer for coming and shedding some light on the
issues for the Council. She was initially prepared to really limit parking, but because it appears completion
is near, she said she is willing to allow staff to continue to work with the project managers. She stated that
she has been impressed with the traffic director and parking on Howard’s Point at the off-site lot. She stated
that she felt that was a unique approach. She supports Acting Mayor Siakel’s suggestion to revisit this
before school starts in the fall.
Acting Mayor Siakel stated that it is times like this where it is difficult to be a Councilmember because you
can see both sides. She understands the frustrations and complaints that have been received but has seen
how the property owner has really stepped up and gone above and beyond and been proactive in trying to
alleviate issues. She reiterated that she feels the longevity of the project has been the biggest issue.
Councilmember Johnson stated that there was a resident from the area here and asked if he would like to
make any comments.
Mike Blomquist, 5425 Grant Lorenz Road, stated that he believes it is the construction workers who are
not respecting the neighbors and the area. He stated that the school bus gets stopped and he has personally
almost been hit four times by trucks. He stated that since the person directing traffic has been put in place
on that corner though it has been much better, and he really appreciates that. He stated that he agreed with
Acting Mayor Siakel that a big issue is the longevity of the project because it is really getting old for the
residents. He stated that the construction workers need to understand that people live there and noted that
there has been garbage thrown into the yards and yards have been urinated in.
Councilmember Johnson stated that he agreed with not taking action tonight and revisiting the issue before
school begins. He would also support having a traffic person in place during the high traffic times as the
project moves forward.
Councilmember Labadie stated that there is apparently a 30-45 day timeline and asked staff to update the
Council at the 30-day mark. Administrator Lerud stated that it will be put on the agenda for an update at
the July meeting.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Update on Rental Housing
Planning Director Darling noted that thus far in 2018, there have been 14 building permits issued and there
are another 9 permits that are in process. She noted that she had received two more right after she completed
her graph for the Council, so the information she is presenting is slightly higher than the graph shows. She
noted that even if no additional permits come in for the remainder of the year, the City will be over last
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 12, 2018
Page 6 of 6
year’s number. She stated that the number of rental licenses has been growing because the City has been
actively looking for licenses that have expired. She noted that there have been 52 rental licenses issued and
noted that she only included one for the Shorewood Landings and not every unit because she did not want
to skew the numbers. She stated that there are 32 licenses pending and under review.
Acting Mayor Siakel noted that there have been a lot of properties sold in Minnetonka Country Club and
asked how many of the building permits were for those properties. Planning Director Darling stated that
there have been 12 for the Minnetonka Country Club, plus the two additional ones that came after she
completed the graph and, another 7 that are in process for the Minnetonka Country Club.
Other
Director Brown stated that watermain flushing and street sweeping has been completed, however it stormed
over the weekend, so they may be back out again. He stated that plow damage repair has been completed
and crews are now working on tree management and pot holes.
Attorney Keane stated that the detachment annexation of Cathcart Park has been formally completed and
has been is now officially part of Shorewood and will be mapped by MN Dot.
Administrator Lerud stated that Ashland Woods mediation was held June 4, 2018 and the parties reached a
tentative private agreement that the City has not a party to. He stated that once formally approved by the
parties, the agreement will allow the development to meet the requirements of the development agreement,
which will allow the developer to build on the remaining two lots. He stated that the Excelsior fire
department draft budget is available, and everyone should have received a copy of it. He noted that there
will be a meeting on June 27, 2018 for the Council to attend. He asked that if any of the Council want to
attend to let him know because last year no one attended, and the Fire Board asked the Administrators to
survey the Councils and report back attendance plans.
B. Mayor and City Council – None
11. ADJOURN
Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of June 12, 2018,
at 7:47 P.M. Motion passed 3/0.
ATTEST:
Debbie Siakel, Acting Mayor
Sandie Thone, City Clerk
#2B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Verified Claims
Meeting Date: June 25, 2018
Prepared by: Michelle Nguyen, Senior Accountant
Greg Lerud, City Administrator
Joe Rigdon, Interim Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
64558 - 64583 & ACH 262,517.01
Total Claims $262,517.01
We have also included a payroll summary for the payroll period ending June 10, 2018.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents an
budgeted and available for these purposes.
Options:
The City Council is may accept the staff recommendation to pay these claims or may r
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.
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MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Timber Lane HOA – Goose Management Plan
Meeting Date: June 25, 2018
Prepared by: Marie Darling, Planning Director
Attachments: HOA Request
Goose Management Plan
The Effects of GM on Water Quality
Policy Consideration: Should the City approve a goose management program for the Timber Lane
Homeowners’ Association?
Background: See attached request from the HOA and the Goose Management Plan. The Plan is
implemented by the HOA and the DNR and no staff time would be required for implementation of the
Plan except for occasional coordination with the DNR for population monitoring.
The applicant indicates the most effective time for relocation is when the young birds are flightless,
which is likely through early July, leaving the HOA a short window of opportunity.
Financial or Budget Considerations: The Association covers the cost of the program.
Options: Approve or deny the plan.
Recommendation / Action Requested: The Timber Lane goose management plan is similar to a
program the Christmas Lake HOA carried out in 2016 and with a City program from several years earlier.
Staff are unaware of any complaints and recommend approval of the request.
A simple majority of City Council would be adequate to adopt the plan and direct staff to contact the
HOA and DNR noting approval of the Timber Lane HOA Goose Management Plan.
Connection to Vision / Mission: Healthy environment.
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\Applications\2018 Cases\Goose Management - Timber Lake HOA\CAF .docx
Marie Darling
From:Ron Zenk <rzenk@humaneticscorp.com>
Sent:Tuesday, June 19, 2018 11:09 AM
To:Marie Darling
Cc:Ronald Zenk; Pharis, Kelly (DNR)
Subject:Timber Lane HOA Goose Management Plan
Attachments:A CANADA GOOSE MANAGEMENT PLAN Timber Lane HOA.pdf; Water Quality Goose
Mgmt.pdf
Dear Marie:
The Timber Lane HOA and I have been working with Kelly Pharis, Assistant Area Wildlife Manager at the MN Dept of
Natural Resources (cc’d above), to develop a Canada Goose Management Plan to protect our lakefront properties along
Timber Lane in Shorewood.
Kelly has approved the attached plan, and the last step in the process is to submit the plan to the City of Shorewood for
final approval, which I am doing now.
Please do not hesitate to contact me if you have any questions on the plan. Please let me know at your earliest
convenience when approved by the City of Shorewood.
Many thanks,
Ronald Zenk
5435 Timber Lane
Shorewood, MN 55331
RZenk1958@gmail.com
612-940-1984
1
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JUNE 5, 2018
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:00 P.M.
ROLL CALL
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Present: Chair Maddy; Commissioners Davis, Eggenberger, and Gorham; Planning Director
Darling; and Council Liaison Sundberg
Absent: Commissioner Riedel
1. APPROVAL OF AGENDA
Davis moved, Gorham seconded, approving the agenda for June 5, 2018, as presented. Motion
passed 4/0.
2. APPROVAL OF MINUTES
• April 17, 2018
Davis moved, Gorham seconded, approving the Planning Commission Meeting Minutes of April 17,
2018, as presented. Motion passed 4/0.
3. PUBLIC HEARINGS
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 — C.U.P. TO REMOVE SOILS IN EXCESS OF 400 CU.
YRDS
Applicant: Schroeder Management (rep. Jack and Gretchen Norqual)
Location: 27960 Smithtown Road
Chair Maddy opened the Public Hearing at 7:04 P.M. noting the procedures used in a Public Hearing.
Director Darling explained that Schroeder management on behalf of the property owners, Jack and
Gretchen Norqual, has requested a C.U.P. to remove 3,500 cubic yards of material. She noted that Section
1201.03, subdivision 9 requires a C.U.P. for removal of material over 400 cubic yards.
Darling noted that staff recommends approval subject to a series of conditions based on recommendations
from the City Engineer. She reviewed the recommended conditions.
Commissioner Gorham asked if requiring a construction management plan was typical
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 2 of 6
Director Darling stated that it has become required in new home construction for in -fill locations to
control parking and other problems because of a growing concerns over the impact on the neighborhood.
Commissioner Eggenberger asked how the City would monitor the number of conditions and whether it
would involve site visits.
Director Darling stated that it will be involve site visits and noted that the erosion control inspections will
happen at the same time as building inspections, so the inspector would be on site quite frequently.
Commissioner Eggenberger asked if the homeowner or the contractor would be responsible for ensuring
that the conditions are met.
Director Darling stated that it is ultimately the responsibility of the homeowner, but the City enforces the
conditions.
Michael Schroeder, Schroeder Management, Representing Jack and Gretchen NoMual, stated that all of
the conditions will be pretty easily met and a few are already in process with the City. He reviewed some
of the conditions that won't apply. He assured the Commission that none of the construction parking will
be along Smithtown Road, but located somewhere on the property itself.
Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:12 P.M.
There being no public testimony, Chair Maddy closed the Public Testimony portion of the Public Hearing
at 7:12 P.M.
Commissioner Davis asked if the tree inventory showed that six trees would be removed.
Mr. Schroeder stated that only one of the trees are of significant size.
Eggenberger moved, Davis seconded, recommending approval of the C.U.P for Soil Extraction in
Excess of 400 Cubic Yards at 27960 Smithtown Road, pursuant to the conditions as outlined in the
staff report and the addition of a 6'h bullet point being a Construction Management Plan. Motion
passed 4/0.
B. PUBLIC HEARING — ZONING CODE TEXT AMENDMENT TO C -1 USES
Applicant: Jonathan Higgins
Chair Maddy opened the Public Hearing at 7:15 P.M. noting the procedures used in a Public Hearing.
Director Darling explained that Jonathan Higgins has requested to operate a body art establishment called
Historic Tattoos at 23670 State Highway 7. She stated that the zoning ordinance does not list tattooing as
a permitted use, nor does it have a similar use that would allow administrative approval. Staff is
recommending an ordinance amendment that includes body art as a permitted use in the C -1 zoning
district and noted that the amendment also cleans up a use that is not in alphabetical order in the C -1
zoning district.
Chair Maddy noted a few typographical errors in the paragraph that identifies who can perform the body
art services and what it includes.
Director Darling stated that she would fix the errors.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 3 of 6
Chair Maddy asked for an explanation of micropigmentation.
Director Darling explained that micropigmentation is typically used when doing cosmetic applications,
such as eyeliner.
Jonathan Higgins, 6015 Seamans Drive, stated that he is looking to open a tattoo parlor and museum. He
noted that there was one thing in the staff notes that indicated how body art is treated in different towns.
He stated that in Excelsior, there has been a shop open for over a year and it is licensed with the
department of health. He is unsure how their zoning has it listed, but there is a shop there. He presented
an article to the Commission on the shop. He expanded on Director Darling's explanation and clarified
that the micropigmentation was for cosmetic use on things like eyebrows, eyeliner, or lips. It can also be
used for men who have less hair on their heads with a stippling effect. He noted that it is a technique that
doesn't go to the same dermal depth as a typical tattoo.
Chair Maddy stated that it looked like the ordinance expanded the information on body piercing and
asked if Mr. Higgins was interested in expanding his services.
Mr. Higgins stated that he has no interest in piercing and planned to stick with just tattooing.
Commissioner Davis asked Mr. Higgins why he felt a tattoo business will be successful in Shorewood.
Mr. Higgins stated that he is merely optimistic, but, noted the worldwide growth of tattooing creating a
growing demand. He stated that he has worked in a shop in Elk River for six years, 12 hours a day, 7
days a week and can bring an existing clientele from his work at that shop.
Chair Maddy noted that he found the demographic information that Mr. Higgins submitted to be very
interesting.
Commissioner Davis stated that she liked Mr. Higgins idea of holding classes and asked where he got his
historical equipment.
Mr. Higgins stated that he spends a lot of time educating people, so he felt it would make sense to get
them all in one room and teach them together. He stated that he has traveled across the country and
gotten them from other museums, off of eBay or other internet sources. He stated that he has a number of
authentic artifacts, replica artifacts, periodicals and various machines. He is hoping that he will attract
more than just people interested in tattoos, but who are interested in art. He plans to have membership
options, tours, art classes, and seminars.
Commissioner Eggenberger noted that the language of the new ordinance states "body art establishment
(licensed)" and asked Planning Director Darling if the City would specify what kind of license.
Director Darling noted that in the definition for body art establishment it states that it is any body art
establishment licensed by the State where body art is performed.
Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:25 P.M.
Sophia Higgins, 6015 Seamans Dr, stated that she is 7 years old.
Mr. Higgins introduced his wife, Kate and his children Jasper and Sophia to the Planning Commission
and stated that they have been very supportive of his efforts.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 4 of 6
There being no additional public testimony, Chair Maddy closed the Public Testimony portion of the
Public Hearing at 7:25 P.M.
Davis moved, Gorham seconded, to Recommend Approval of the Proposed Ordinance Text
Changes as recommended by staff, as they Pertain to Body Art Establishments for the City. Motion
passed 4/0.
4. OTHER BUSINESS
A. VARIANCE TO BUILD ON A SUBSTANDARD LOT
Applicant: Conrad Lee Nill
Location:5885 Eureka Road
Director Darling explained that the property is located at the corner of Eureka Road and Mann Lane. She
noted that the applicant would like to remove the existing home and detached garage and build a new
home with an attached garage. She reviewed the requirements for granting a variance to build on a
substandard lot and noted the applicant is planning to install a rain garden on the property to help offset
the additional impervious surface that is proposed. She stated that staff is recommending approval.
Commissioner Gorham asked if there had been variances granted for the homes next door.
Director Darling stated that she did not think so because they are all older homes as well. She noted that
the home to the east had met the criteria so a variance was not required for them to build the new home.
Chair Maddy opened the meeting for public comment at 7:31 p.m. and being no comments were given,
closed it at 7:31 p.m.
Commissioner Gorham asked what state the current home is in because there is a statement in the
applicant's narrative that says if the variance wasn't granted, it would render the investment useless.
Commissioner Davis stated that the current home is an eyesore and she had almost turned it in to the City.
Lynn Nill, stated that the property was sold to them with the existing house as a tear -down and was never
advertised as habitable. She stated that her husband has been inside of the structure, but she has not.
Commissioner Davis stated that she understood why she wouldn't go inside because things are falling off
of the house.
Davis moved, Gorham seconded, to Recommend Approval of a Variance to Build on a Substandard
Lot at 5885 Eureka Road. Motion passed 4/0.
Director Darling noted that this application will be considered at the June 12, 2018 Council meeting.
B. SETBACK VARIANCE
Applicant:Tschida Construction (Rep. Brent and Kim Shiely)
Location: 4495 Enchanted Lane
Director Darling stated that the applicant is requesting a variance in order to construct a screened porch
and deck that would be 40.1 feet from the ordinary high -water level, rather than the required 50 feet. She
reviewed the criteria that must be met in order to grant a variance. She showed a photo of the inlet that
was created at some time in the past that makes it impossible for the property owner to meet the 50 feet
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 5 of 6
setback. She noted that the current home and the inlet were constructed before the 50 -foot setback
requirement was part of City Code. She stated that the City had received e -mail correspondence from
Steve and Jane Ann Davis, Pam Meisel and Chris Wold in support of the variance request. She stated
that staff is recommending approval with the conditions outlined in the staff report.
Kim Shiely, 4495 Enchanted Lane, stated that the lean -to on the garage appears to be something that was
built with the original home in 1955 and they would prefer not to tear it down, with the thought that they
may come back for a permit in the future to build a larger garage in the future. She understands that the
City will need proof that it was part of the 1955 build, and they are working on trying to get that
documentation by contacting previous owners.
Chair Maddy suggested contacting the University of Minnesota because they have a great aerial photo
library that may be helpful. He asked if she knew the story about the inlet and when it was put in.
Ms. Shiely stated that she did not, but, knows that it was put in prior to the previous owners and they
purchased the home in 1990.
Commissioner Davis asked how deep the inlet is.
Ms. Shiely stated it has a sand bottom is very shallow.
Chair Maddy opened it up for public input at 7:40 p.m. and there being no public input, closed this
portion of the meeting.
Chair Maddy stated that he was not familiar with the Lake Minnetonka guidelines, but asked if it would
be possible to simply fill the inlet with sand.
Director Darling stated that it is below the floodplain and would be altering the shoreland of the lake and
would like require permits from the Army Corps of Engineers, the watershed district and the DNR. She
stated that she would not recommend it.
Commissioner Gorham stated that he appreciated that the deck isn't a monstrosity and seems reasonably
sized. He asked what impervious surface coverage the Commission was being asked to approve because
the table included in the packet seemed to be different than what Director Darling mentioned.
Director Darling stated that her recommendation is for 36.7% which would require the lean -to to be
removed.
Commissioner Eggenberger asked how large the lean -to structure is and asked what the problem is with
the structure.
Director Darling stated that it is 220 square feet and was not permitted or part of the original building
permit for the garage. The lean -to is within 1 foot of the property line. She noted that calling it a lean -to
is a bit of a stretch because it is fully enclosed.
Eggenberger moved, Davis seconded, to Recommend Approval of the Setback Variance at 4495
Enchanted Lane Per the Conditions Set by Staff, as presented. Motion passed 4/0.
Commissioner Davis stated that this situation reminds her of the vintage garage that was right on the
property line over by Christmas Lake and the homeowners found aerial imagery from the 50s and the
structure ended up being part of a historical book that featured the garage.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 6 of 6
5. MATTERS FROM THE FLOOR
Dave Gerten, 25110 Glen Road, stated that he had attended an informational meeting in April with
Sathre- Bergquist and David Pemberton about the lot across from his property. He stated that at that
meeting it sounded like there would be a follow up discussion at tonight's planning meeting. He
understands it is obviously not on the agenda tonight, but asked if anyone knew when that topic would be
on the agenda for the future.
Director Darling noted that the applicants have decided not to move forward with their plans, so there will
be no public hearings on the topic.
6. REPORTS
Liaison to Council
Council Liaison Sundberg reported that the Council did approve the setback request on the Marsh Point
residence.
Chair Maddy noted that the Commission understood their reasons.
Director Darling stated that the Council did direct staff to take a look and see if the City should be
allowing porches to encroach into the setback and also to see if it was appropriate to have a 50 -foot
setback from a local street.
Director Darling noted that the June 11, 2018 Council meeting had been cancelled because of a lack of
quorum and she has tentatively rescheduled the work session for June 25, 2018 if she can get all of the
consultants rescheduled.
SLUC Summary
Director Darling noted that the Commission can bypass this agenda item because nobody attended this
seminar.
Draft Next Meeting Agenda
Director Darling stated there will be a small subdivision application and possibly a code amendment at
the next meeting.
There was discussion of whether there was going to be a July Council meeting.
Commissioner Davis stated that there is a proliferation of homes on her side of the City that are not taking
care of their yards and letting their grass get ridiculously tall. She stated that some of the houses are
either vacant or for sale and the realtors are not taking care of them. She stated that she is planning to
take pictures of the yards and asked if she should send them to Public Works.
Director Darling noted that the pictures could also be sent to the front counter staff and they would get
them to the Public Works staff.
7. ADJOURNMENT
Davis moved, Gorham seconded, adjourning the Planning Commission Meeting of June 5, 2018, at
7:55 P.M. Motion passed 4/0.
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject:
Schroeder Management, LLC. — CUP for Soil Extraction in Excess of 400 Cubic
Yards to Construct a New Home and Detached Garage at 27960 Smithtown
Road
Meeting Date:
June 25, 2018
Prepared by:
Marie Darling
Review Deadline:
August 24, 2018
Attachments:
Planning Staff Memorandum from the April 17, 2018 meetings
Resolution
Policy Consideration: Should the City Council approve a conditional use permit to allow soil extraction
greater than 400 cubic yards to build a new home and detached garage at 27960 Smithtown Road?
Background: See the attached Planning Staff memorandum for detailed background on this item. At
the June 5, 2018 meeting, the Planning Commission unanimously recommended approval of the
conditional use permit to export 3500 cubic yards of material where export over 400 cubic yards
requires a conditional use permit.
The applicant was present and spoke in favor of the request. He stated that the applicants have no
objections to the conditions of approval and much of the required information has already been
acquired or submitted. No one from the public requested to speak, but staff did receive one letter
(attached).
Financial or Budget Considerations: The applicant's application fees cover the cost of processing the
request.
Options: Approve, deny or modify the attached resolution. Approval or denial of a conditional use
permit requires a simple majority of the Councilmembers present.
Recommendation / Action Requested: Staff and the Planning Commission recommended approval of
the conditional use permit based on the findings that the conditional use permit standards have been
met.
Proposed Motion: Move to adopt the attached resolution approving a conditional use permit for
Schroeder Management, LLC. for property located at 27960 Smithtown Road, as recommended by the
Planning Commission and subject to the conditions in the attached resolution.
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: �Planning�Planning Files�Applications�201S Cases�NOrqual Fill CUP�CAF 150625.docx
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.nmus • cityhall @ci.shorewood.mn.us
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling, Planning Director
MEETING DATE: June 5, 2018
RE: Schroeder Management, LLC. — C.U.P. for Soil Extraction in Excess of 400
Cubic Yards
LOCATION: 27960 Smithtown Road
ZONING: R -1 A/S
FILE NO.: 18.06
REQUEST
The applicant, on behalf of
property owners Jack and
Gretchen Norqual, proposes to
construct a new home on the
subject property. The request is
to remove the top two feet of
the building pad to create a
level building area for the home
and driveway. The applicant
proposes to remove 3,500 cubic
yards of material. Section
1201.03 Subd. 9 requires a
conditional use permit for any
removal of material over 400
cubic yards.
27960 Smithtown Rd
4W1 W.
a^ -
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 June 5, 2018 meeting.
Page 2
BACKGROUND
Context: The property is currently developed with a single - family home and a detached garage. The
existing single - family home would be converted into accessory space. The adjacent properties are all
developed with single family homes. The property to the south is owned by the same property owner
At the April 17, 2018 meeting, the Planning Commission reviewed a request for a CUP for accessory space
over 1200 square feet (approved by the City Council on April 23, 2018). At the time the applicant
submitted the application for the other CUP, the extent of the soil removal was not known. The applicant
has continued to refine their plans since the approval of the other CUP application was reviewed and
reduced the amount of material needed to be removed from about 6,000 cubic yards indicated on the
previous grading plan to the proposed 3,500 cubic yards.
ANALYSIS /RECOMMENDATION
All CUP applications are reviewed according to the standards listed in section 1201.04 Subd. 1. D. 1. of the
zoning regulations, which include the following:
• Compatible with present and future land uses in the area without depreciating the area.
• Promote and enhance the general public welfare and not be detrimental to the public health and safety.
• Conform to applicable regulations of city code.
The concerns with this type of CUP application are typically engineering related: dust control, erosion and
sedimentation control, construction management, and keeping the public streets clean. Additionally,
because the property is within the shoreland overlay district, additional conditions would apply.
The City Engineer has reviewed the application (memo attached). Staff recommend the following
conditions from her memo, city code and the shoreland regulations be included into the approving
resolution when the resolution is forwarded to the City Council to maintain conformance with the three
standards listed above:
With the grading or building permit, submit the following:
• A surface water management plan consistent with city regulations.
• An erosion and sediment control plan must be submitted for review and approval.
• An NPDES permit if disturbance exceeds one acre and an erosion control permit from Minnehaha
Creek Watershed District.
• A revised survey that relocates the retaining walls and infiltration basin outside the 10 -foot drainage
and utility easement.
• Disturbed portions of the property must be restored with slopes no steeper than 3:1.
• Easements over the affected property to the south must be submitted if the property is sold to a separate
property owner.
• No grading shall be permitted in the shore impact zone.
• No more than 1/3 of the surface area of the lot shall be devoid of vegetative ground cover at any time
and ground cover shall be restored as soon as possible when grading is completed.
-2-
Page 3
• A construction management plan addressing contractor parking, dust control, street sweeping, hours of
operation, etc. and reference the erosion control plan.
• The truck route shall be Smithtown Road south to State Highway 7.
ATTACHMENTS:
Location Map
Engineers Memo
Applicants Narrative and Plans
Correspondence Received
-3-
s
701 Xenia Avenue South I Suite 300 1 Minneapolis, MN 55416 1 (763) 541 -4800
Memorandum
To: Marie Darling, A/CP, Shorewood City Planner
From: Alyson Fauske, PE, Shorewood City Engineer
Date: May 30, 2018
Re: 27960 Smithtown Road Conditional Use Permit for Removal of Fill
City of Shorewood, MN
WSB Project No. 11227 -000
Based on the grading plan prepared by Keenan & Sveiven, Inc. revised May 22, 2018 1 offer the following:
The applicants propose to remove 3,500 cubic yards from the property to prepare the site for the
construction of a home, garage and auto court. Approximately two feet of soil from the high point
of the property along with material excavated for the basement of the home. Lowering the
building site by two feet increases the building footprint while minimizing the use of retaining
walls. The building to the south is approximately 90 feet away and will be 10' lower than the
proposed first floor elevation and around the same elevation of the walkout elevation.
The proposed drainage patterns match the existing condition, with the location of the proposed
home at the high point and draining to the north, east, south and west (toward Lake Minnetonka).
The applicant will need to provide a surface water management plan with the building permit.
Grading is proposed on the adjacent property to the south which, according to Hennepin County
parcel information, is owned by the applicant.
The proposed haul route is Smithtown Road south to Highway 7.
Recommended conditions of approval:
1. An erosion and sediment control plan must be submitted for review and approval.
2. If the disturbance exceeds one acre, an NPDES permit is required.
3. If the applicant sells the property to the south prior to completing the grading associated with
this Conditional Use Permit, the applicant must obtain the new property owner's permission
to complete the grading according to the plan or submit a revised grading plan for review and
approval.
Building a legacy.
Equal Opportunity Employer I wsbeng.com
K: \011227-000\Adm1n \Docs \CUP reviews \20180530_27960 Smithtown Rd Memo.doa
5/23/18
To: City of Shorewood
5755 Country Club Rd
Shorewood, MN 55331
i
-- 9 4 %(
From: Jack & Gretchen Norqual
27960 Smithtown Road
Shorewood, MN 55331
Jack & Gretchen Norqual the owners of real property located at 27960 Smithtown Road PID
31- 117 -23 -34 -0034 in Shorewood MN request a Conditional Use Permit to exceed the 400
Cubic Yards of exported fill to allow for a level building area for the construction of a new
residence on the above property.
Attached is a Site plan developed by Keenan & Sveiven a Minnesota Registered Landscape
Architect that includes existing and proposed topographical elevations. The proposed building
site is currently a hill that peaks at elevation 948 and drops in grade several feet in all directions
from a point centered on new building area. The purpose of the CUP is to remove the top 2' of
the hill to create a level building area at elevation 946 for the new proposed home and
driveway. The 3,500 Cubic Yards of proposed fill to be exported also includes the material
removed from the excavation of new basement as well as material removed to construct a
storm water management drain field
The Removal of the top 2 feet of the hill will not significantly change the general appearance
of the property and will allow the new home to be closer in the elevation of the nearest
adjacent property located at 27964 Smithtown Road that currently has a finished grade around
the home at elevation 937. An engineering report on current and proposed drainage as well as
a storm water management plan will be provided with building permit.
All fill will be loaded at site and will first travel down approximately 1,000 feet of owners
existing gravel drive to reduce the transfer of wheel debris to Smithtown Road, then traveling
South on Smithtown Road for approximately 2,000 feet to the end of Shorewood City limits and
on to State HWY 7. All transfers of material will take place during city approved construction
hours and city street will be kept clean of wheel debris during the transfer process.
Thank you-fgx your Consideration,
Norqual
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From: Johannson, John <John.Johannson @colliers.com>
Sent: Friday, May 25, 2018 8:05 AM
To: Planning
Cc: Johannson, John
Subject: Jack Norqual. 27960 Smithtown Road. CUP for Removal of Soils
Dear sirs:
I am writing to you in reference to the Public Hearing Notice that I received with regards to a Conditional Use Permit for
Jack Norqual to remove soil material at 27960 Smithtown Road.
I own the home at 27968 Smithtown Road — which is one lot removed to the south of the subject property.
I have reviewed the plans with Mr. Norqual and have no objections. The proposed new home, including soil removal, is
appropriate and attractive. He soil removal will enhance the overall final project.
If you need to reach me, my cell phone is 612- 817 -2302.
Thank you.
John Johannson
27968 Smithtown Road
John J. Johannson
Welsh Companies /Colliers International
4350 Baker Road, Suite 400
Minnetonka, MN 55343
952 - 897 -7750 — phone
952 - 842 -7750 — fax
John.Johannson(cDcolliers.com
JJohannson(a)-welshco.com
CITY OF SHOREWOOD
RESOLUTION NO. 18-
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW SOIL EXTRACTION OVER 400 CUBIC YARDS FOR SCHROEDER
MANAGEMENT FOR PROPERTY LOCATED AT 27960 SMITHTOWN ROAD
WHEREAS, Schroeder Management (Applicant), on behalf of property owners Jack and
Gretchen Norqual, has applied for a conditional use permit for property in the City of
Shorewood, legally described as:
Lot 4, Block 1, Bill Erickson Addition, Hennepin County, Minnesota, according to the
recorded plat thereof, and
WHEREAS, the applicant has proposed to export 3,500 cubic yards of material where
400 cubic yards is permitted without a conditional use permit; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on June 5, 2018, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on June
25, 2018, at which time the Planning Director's memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City 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. Section 1201.03 Subd. 9 of the City Code allows up to 400 cubic yards of
material to be exported from a site without the approval of a conditional use permit.
2. All properties in the City of Shorewood are permitted to export fill on a property
over 400 cubic yards subject to the approval of a conditional use permit.
3. The applicant's proposal is identified on plans submitted to the City on April 24
and May 24, 2018.
CONCLUSIONS
The Applicant's plans have satisfied the criteria for the grant of conditional use permits to
export 3,500 cubic yards of material.
2. The Applicant's plans indicate the new home and improvements proposed would be
compatible with the neighborhood and would not tend to depreciate the area.
3. Based upon the foregoing, the City Council hereby grants to the Applicant conditional use
permits to export a total of 3,500 cubic yards of material dirt, based on the plans submitted
April 24 and May 24, 2018, subject to the following:
With the grading or building permit, submit the following:
i. A surface water management plan consistent with city regulations.
ii. An erosion and sediment control plan must be submitted for review and approval.
iii. An NPDES permit if disturbance exceeds one acre and an erosion control permit
from Minnehaha Creek Watershed District.
iv. A revised survey that relocates the retaining walls and infiltration basin outside the
10 -foot drainage and utility easement.
v. A construction management plan addressing contractor parking, dust control, street
sweeping, hours of operation, etc. and reference the erosion control plan.
b. Disturbed portions of the property must be restored with slopes no steeper than 3:1.
c. Easements over the affected property to the south must be submitted if the property is
sold to a separate property owner.
d. No grading shall be permitted in the shore impact zone.
e. No more than 1/3 of the surface area of the lot shall be devoid of vegetative ground
cover at any time and ground cover shall be restored as soon as possible when grading
is completed.
f. The truck route shall be Smithtown Road south to State Highway 7.
4. 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 25h day of
June, 2018.
ATTEST:
Sandie Thone, City Clerk
2
Scott Zerby, Mayor
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject:
Tschida Construction — Variance for Shoreline Setback
Meeting Date:
June 25, 2018
Prepared by:
Marie Darling
Review Deadline: August 24, 2018
Attachments: Planning Staff Memorandum
Resolution
Policy Consideration: Should the City grant a variance to allow a deck and screened porch addition?
Background: See attached Planning staff memorandum for detailed background on this item.
At the June 5, 2018 meeting, the Planning Commission unanimously recommended approval of the
item subject to the conditions in the attached resolution. The applicant and property owner were
present at the meeting. No one else requested to speak, but three residents submitted letters
(attached).
One of conditions of approval listed in the attached resolution requires the applicant to remove the
lean -to adjacent to the garage to reduce the impervious surface coverage and eliminate non-
conforming structures. The property owner indicated that she would like to keep the nonconforming
lean -to attached to the garage and perhaps expand the garage in the future to include the lean -to
area. Staff found that the garage permit issued in 1976 included the garage but not the lean -to. The
property owner believes that it was constructed with the original home in the 50's and will be looking
for some additional information to show it predates the zoning ordinance setback and requirement for
a building permit. At the time the report was written, the applicant had found no additional
information and staff recommend keeping the condition in the resolution.
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 approval of 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 necessary to alleviate the practical difficulty.
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�Applications�2018 Cases�Shiely VAR�CAF 150625.docx
Proposed motion: Move to adopt the attached resolution approving a variance for Tschida
Construction for property located at 4495 Enchanted Lane, as recommended by the Planning
Commission and subject to the conditions in the attached resolution.
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
4 7Jli a CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling
DATE: June 5, 2018
RE: Tschida Construction — Setback Variance
LOCATION: 4495 Enchanted Lane
REVIEW DEADLINE: August 24, 2018
LAND USE CLASSIFICATION: Low Density Residential
ZONING: R -1 C
FILE NUMBER: 17.29
REQUEST
The applicant, on behalf of property owners
Brent and Kim Shiely, requests a variance in
order to construct a porch and deck addition to
the home at 40.1 feet from the ordinary high
water level (OHWL) where the zoning
regulations would require 50 feet.
Notice of this application was mailed to all
property owners within 500 feet of the property
at least 10 days prior to the meeting.
BACKGROUND
Context: The home was constructed in 1953. The property is within the shoreland district of Lake
Minnetonka and the adjacent properties to the west and south are developed with single- family homes. The
property to the northwest is vacant.
A lean -to was added to the garage by a previous property owner within the required setback without
permits and is non - conforming. Additionally, the paver patio on the northeast side of the home was also
added to the property without permits and is about 40 feet from the OHWL where 50 feet is required.
Page 2
The applicant indicates that the request is to allow the property owners to add a living area and a deck on
the lakeside of their home. The applicant is not be able to meet the required setback because a previous
property owner constructed an inlet along the shoreline that is now below the floodplain elevation and
the ordinary high water line of the lake. Consequently, it cannot now be removed. Approving the
request would also legitimize the setback for the paver patio as the improvements would be located
below the deck.
Current Setback
The applicant's plans indicate that the existing home is currently about 50 feet from the OHWL of Lake
Minnetonka. Consequently, the applicant would not be able to construct any westward expansion of the
home or add a deck without a variance.
Impervious Surface Coverage
The applicant has agreed to remove the two sheds that were added to the property in the 1990s in non-
conforming locations. The city did not require zoning permits for accessory structures that were too
small to require building permits at that time.
Staff recommends that any additional approval for an addition to the property include a condition that
the lean -to attached to the garage be removed. That would further reduce impervious surface coverage
on the property to 36.7 percent. The property would still be non - conforming to impervious surface
coverage, but the action would reduce the non - conformity.
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 proposes no uses on the site that would be inconsistent with
either the intent of the residential land use classification or the district's allowed uses.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met.
Staff finds that the practical difficulties for the property are related to the original construction of
the home.
Reasonable: A deck and porch expansion is a reasonable use of the property.
b. Self - Created: The inlet was a man -made feature added by a previous property owner and
made any construction on the lake side of the home challenging.
Essential Character: Because the variance is due to the inlet, most lake users would not
notice the lesser setback.
Required
Existing
Proposed
Impervious Surface Coverage
1 25 % (max.)
38 %
37.9%
The applicant has agreed to remove the two sheds that were added to the property in the 1990s in non-
conforming locations. The city did not require zoning permits for accessory structures that were too
small to require building permits at that time.
Staff recommends that any additional approval for an addition to the property include a condition that
the lean -to attached to the garage be removed. That would further reduce impervious surface coverage
on the property to 36.7 percent. The property would still be non - conforming to impervious surface
coverage, but the action would reduce the non - conformity.
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 proposes no uses on the site that would be inconsistent with
either the intent of the residential land use classification or the district's allowed uses.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met.
Staff finds that the practical difficulties for the property are related to the original construction of
the home.
Reasonable: A deck and porch expansion is a reasonable use of the property.
b. Self - Created: The inlet was a man -made feature added by a previous property owner and
made any construction on the lake side of the home challenging.
Essential Character: Because the variance is due to the inlet, most lake users would not
notice the lesser setback.
Page 3
3. Economic Considerations: The applicants have not proposed the variance based on economic
considerations. They are proposing to adapt the home to their family circumstances.
4. Impact on Area: 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
increase the impact on adjacent streets.
5. Impact to public welfare and other improvements. The applicants' proposal is unlikely to impact
or impair adjacent property values or the public welfare.
6. Minimum to Alleviate Difficulty. Staff finds that the request is the minimum action necessary to
alleviate the practical difficulty.
FINDINGS /RECOMMENDATION
Staff recommends approval of the variance but would include the following as a condition of approval
(to be met prior to issuance of a building permit) to be included in a resolution forwarded to the City
Council:
1. The applicants must remove the sheds and lean -to from the property and request
inspection to confirm their removal.
2. With the exception of the above, no construction activity may occur until the building
permit is issued.
ATTACHMENTS
Location map
Applicants' narrative and plans
Correspondence Received
S:Tlanning\Planning FilesVApplications \2018 Cases \Shiely VARTC memo 65 18.docx
i
Brent & Kim Shiely `
4495 Enchanted Lane I APR 26 2018
April 251", 2018 CITY OF SMOREWOOD
City of Shorewood Planning Commission
5755 Country Club Road
Shorewood, MN 55331
Re: Variance Application for Property Located at 4495 Enchanted Lane, Shorewood
To the Planning Commission:
Overview
Brent and Kim Shiely (the "applicants ") have requested a lakeshore setback variance to allow for the
construction of a new deck and porch at 4495 Enchanted Lane.
Background
The applicants purchased the property in December, 2017 with the intent of completing the
unfinished deck on the lakeshore side of the home. Prior to purchasing the home, an inquiry was
made to the City of Shorewood to affirm removal of impervious structures to accommodate the
porch /deck. Marie Darling, the planning director for the City of Shorewood gave guidance, "If they
want to add 20 square feet [of impervious surface] for example, they must remove 20 square feet ".
At the present time, two outbuildings totaling 190 square feet are on the property. The square
footage of the out buildings will be transferred to the new porch to be built no closer than 40 feet
from the Lakeshore, 10 feet over the required setback of 50 feet.
Marie gave additional guidance, "decks are not included if they don't impede water from soaking into
the ground and do not use weed barrier to prevent plants to grow up through the boards." We are
proposing of adding mostly decking to the lakeshore side of the home in accordance with the
intended use of the home.
In alignment with the Minnesota Department of Natural Resources' guidance on lakeshore variances,
it is the applicants' belief 4495 Enchanted Lane's circumstances are caused by the unique
circumstances of the property and not created by the landowner.
1. The unique "inlet" on this property's shoreline creates an abnormal setback circumstance
2. The variance, if granted, will not affect the essential character of Shorewood
a. Neighbor has deck within 50 feet of shoreline without an inlet
Our variance puts our property to use in a reasonable manner.
a. It is not reasonable for this property to lack a deck — it would be the only such house
on the lakeshore in the neighborhood.
In seeking other Shorewood properties where a variance has been requested and approved, one was
recently granted for 3810 Enchanted Lane. (reference number 167- source). The City of Minnetrista
provided a recommendation (visible here) to approve.
VARIANCE STANDARDS - -- Section 1201.05 Shorewood Zoning Regulations
1) The variance, and its resulting construction and use, is consistent with the intent of the
comprehensive plan and in harmony with the general purposes and intent of the zoning
regulations
The project conforms with the intent of the comprehensive plan. The applicants believe the proposal is
consistent with this section. We do not believe the proposal will negatively affect the general public
health, safety, morals, comfort, and general welfare of the inhabitants of the city.
2) The applicant has established that there are practical difficulties in complying with this
Chapter.
The applicants are proposing to build a reasonably sized deck and porch on the Property. Zoning
requirements for the lakeshore setbacks do not result in a deck that is large enough for a reasonable
sized home. They have designed a deck and porch that maintains similar lakeshore setbacks to that of
the homes directly on either side of the Property, which appears to be a reasonable request.
3) The variance would not be based exclusively on economic considerations.
The variance requested is sought to bring utility as well as value to the Property. As with the neighbors
adjacent to the Property, a deck is a vital amenity. The home was built with three sets of doors to
accommodate a future deck and porch. It is reasonable for the Property to add proposed deck and
porch for the utility for the property to be realized by the applicants.
4) The variance shall not impair an adequate supply of light and air to adjacent property,
unreasonably increase the congestion in the public street or increase the danger of fire or
endanger the public safety.
The variance will not impair a supply of light or air to the adjacent properties. Congestion in the public
street shall not be affected. The danger of fire shall not be increased for maintenance free, non-
flammable materials are proposed for the construction. Public safety will also not be endangered.
5) The variance, and its resulting construction or project, would not be detrimental to the
public welfare, nor would it be injurious to other lands or improvements in the
neighborhood.
The variance will not be of detriment to the public welfare of the community. The proposed deck and
porch would not be injurious to other lands or neighborhood improvements. The proposed is in
accordance with a deck which previously existed on the property and is thusly neutral in affect to our
neighbors. The prior ownership invested significant time and funds, starting in 2005, to rebuild the
home. The phase to build the deck and porch was deferred to a future phase. This deferral is reflected
with the building of three main floor doors along the proposed deck and porch side of the building.
6) The variance is the minimum variance necessary to address or alleviate the practical
difficulties.
We believe the project proposed is a minimized yet useful deck and porch. The man -made inlet on the
property brings this property's Lakeshore setback boundary further inland of our neighbors. This
variance helps alleviate the practical difficulties of this particular lot for the utility and enjoyment of the
property.
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Marie Darling
From: Jane Ann Davis <janeannsd @gmail.com>
Sent: Thursday, May 31, 2018 9:06 AM
To: Planning
Subject: 4495 Enchanted Lane
We want to express our support to allow a setback variance in order for a deck to be added to above
address. We reside next door at 4475 Enchanted Lane.
Feel free to contact us with any questions /comments.
Steve and Jane Ann Davis
612 - 462 -6563
Marie Darling
From: Jane Ann Davis <janeannsd @gmail.com>
Sent: Thursday, May 31, 2018 10:27 AM
To: Marie Darling
Subject: 4495 Enchanted Lane
We are next door neighbors of the above address. We would like to offer our support of the requested variance
so that they can build a deck.
Feel free to contact us anytime with questions or comments.
Jane Ann and Steve Davis
4475 Enchanted Lane
612 462 6563
Marie Darling
From:
Chris Wold <cwold19 @gmail.com>
Sent:
Thursday, May 31, 2018 9:04 AM
To:
Planning
Cc:
pamela. d. meixell
Subject:
4495 Enchanted Lane - Deck Variance
Hi Marie,
We support the Sheily's request for a variance to build a deck and we welcome them to the neighborhood.
Pam Meixell & Chris Wold
4505 Enchanted Lane
Shorewood, MN 55364
CITY OF SHOREWOOD
RESOLUTION NO. 18-
A RESOLUTION APPROVING A VARIANCE
TO THE REQUIRED SETBACK FROM LAKE MINNETONKA
ON PROPERTY LOCATED AT 4495 ENCHANTED LANE
WHEREAS, Tschida Construction (Applicant), on behalf of the property owners, has
submitted a variance application for property located at 4495 Enchanted Lane, legally described
as:
All of Lot 12, and all that part of Lot 13 lying Northwesterly of a straight line, hereinafter called "Line A ",
drawn from a point in the Southwesterly line of said lot 13, which point is 37 '/2 feet Northwesterly along
said Southwesterly lot line from the most Southerly corner of said Lot 13 to a point in the Northeasterly
line of said Lot 13, which point is 37 '/2 feet Northwesterly along said Northeasterly lot line from the most
Easterly corner of said Lot 13, being in Auditor's Subdivision Number 354, Hennepin County, Minnesota.
AND
That part of Lot Seventeen (17) in Auditor's Subdivision Number 354, Hennepin County, Minnesota, lying
Northwesterly of the following described line: Commencing at the most Northerly corner of Lot Three (3),
Block Three (3), "Enchanted Park" Lake Minnetonka, Minn., thence Southeasterly along the Northerly line
of Lot 3, a distance of 73.32 feet to the point of beginning of the line to be described; thence Northerly
118.01 feet to a point on the Northeasterly line of Lot 13, 37 '/2 on the Northeasterly line of Lot 13, 37 12
feet Northwesterly along said Northeasterly lot line from the Easterly corner of said Lot 13 and there
terminating.
AND
All that part of Lot Three (3), Block Three (3), "Enchanted Park" Lake Minnetonka, Minn., described as
follows: Beginning at the most Northerly corner of said Lot 3; thence Southeasterly along the
Northeasterly line of said Lot, 73.32 feet; thence Northwesterly to a point on the Westerly line of Lot 3, 13
feet South of the most Northerly corner thereof, thence Northerly along the Westerly line of said Lot 3 a
distance of 13 feet to the point of beginning.
EXCEPT FOR THE FOLLOWING DESCRIBED PROPERTY: That part of Lot Thirteen (13) in
Auditor's Subdivision Number 354, Hennepin County, Minnesota, lying Northwesterly of a straight line
drawn from a point in the Southwesterly line of said Lot 13, which point is 37 'h feet Northwesterly along
said Southwesterly lot line from the most Southerly corner of said lot 13 to a point in the Northeasterly line
of said Lot 13, which point is 37 '/2 feet Northwesterly along said Northeasterly lot line from the most
Easterly corner of said Lot 13, and lying Southeasterly of the following described line: Commencing at the
most Northerly corner of Lot Three (3), Block Three (3), "Enchanted Park" Lake Minnetonka, Minn.,
thence Southeasterly along the Northerly line of Lot 3, a distance of 73.32 feet to the point of beginning of
the line to be described; thence Northerly 118.01 feet to a point on the Northeasterly line of Lot 13, 37 '/2
feet Northwesterly along said Northeasterly lot line from the most Easterly comer of said Lot 13 and there
terminating.
WHEREAS, the Applicant has a lot of Lake Minnetonka and the City of Shorewood
City Code Section 1201.26 requires buildings and structures to be set back at least 50 feet from
the Ordinary High Water Level (OHWL); and
WHEREAS, the Applicant has applied for a variance to add a deck and screened porch
on the lake side of the home that would be setback 40.1 feet from the OHWL; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose
recommendation is included in a memorandum for the June 5, 2018 meeting of the Planning
Commission, a copy of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on June 5, 2018 to review
the application, the minutes of which meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
June 25, 2018, at which time the planning staff memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City Council from the
Applicant and 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 a shoreland district, which requires a 50 foot
setback for all buildings and structures.
2. The existing home on the property is constructed close to the 50 -foot setback.
3. The property contains a manmade inlet which altered the OHWL and prevents
adding a deck, patio or screen porch to the home on much of the lake side of the home.
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 variance to
construct and deck/porch at 40.1 feet from the OHWL where 50 feet is required as shown on the
plans submitted April 26, 2018, subject to the following conditions:
1. Prior to issuance of the permit, the applicant shall remove the sheds and lean -to
adjacent to the garage from the property and request inspection to confirm their
removal.
2. With the exception of the above, no construction activity may occur until the
applicant/property owners acquire all required 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.
2
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of
June, 2018.
SCOTT ZERBY, MAYOR
ATTEST:
SANDIE THONE, CITY CLERK
#7o
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject:
Zoning Code Amendment — Body Art Establishments
Meeting Date:
June 25, 2018
Prepared by:
Marie Darling, Planning Director
Review Deadline:
August 22, 2018
Attachments:
Article Submitted by Applicant
Planning Directors Memorandum, for June 5, 2018 PC meeting
Proposed Ordinance to Amend Zoning Ordinance
Resolution for Summary Publication
Proposed Ordinance to Amend Sale of Tobacco Ordinance
Policy Consideration: Should the Shorewood Zoning Code be amended to allow for Body Art
Establishments?
Background: See attached memorandum for background. At their June 5, 2018 meeting, the Planning
Commission held a public hearing and voted unanimously to recommend the adoption of the attached
Ordinance to Amend the Zoning Ordinance Regulations, to define Body Art Establishments and add the
use in the C -1 zoning district. No one from the public requested to speak, but the applicant submitted
the attached article indicating that the City of Excelsior has one licensed body art establishment in a
salon.
Notice of the Planning Commission public hearing was published in both official newspapers. In
conformance with State Statute, notice of City Council consideration of the amendment was also posted
at City Hall and included in the email notification for general city information and notices. The proposed
ordinance was posted on the city's website.
The City Attorney has reviewed the proposed ordinances and recommended no changes.
Financial or Budget Considerations: NA
Options: Adopt the draft code amendment; modify the amendments; or refer the amendments back to
staff or Planning Commission for further research and discussion.
Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation
and recommends approval. Staff provide the following draft motions (3):
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:�Ploaning�Plonning Files �Applicotions�2018 Cases �Tattoo ZOA�CAF memo.docx Page 1
1. Move to approve Ordinance 557 amending Section 1201.02 and 1201.22 of the zoning
regulations titled "DEFINITIONS" and "C -1, GENERAL COMMERCIAL DISTRICT ". Motion, second
and simple majority vote required.
Move to approve a Resolution Approving summary publication ordinance and the text of the
summary pursuant to MN Statute 331A.01 which would inform the public of the intent and
effect of the ordinance without publishing the entire ordinance. Motion, second and four - fifths
vote required.
Move to approve Ordinance 558 amending Section 302.06 of the City Code titled "SALE OF
TOBACCO ". Motion, second and simple majority vote required.
Next Steps and Timelines: Once adopted, the summary will be published in the official newspaper.
Once published, it becomes effective.
Connection to Vision / Mission: Zoning contributes to a healthy environment and provision of quality
public services.
Tattoo artist brings his creativity to Lake Minnetonka I Excelsior /South Lake I hometownsource.com
6/5/18, 6:37 PM
https: // www .hometownsource.com /sun_sailor/ community /excelsior_southlake/ tattoo - artist - brings- his - creativity -to- lake - minnetonka /article _ eceae89a -cal e -11 e7 -8c7a-
d3215096eb77.html
Tattoo artist brings his creativity to Lake Minnetonka
Paige Kieffer Nov 16, 2017
Bloomington artist Jeffrey Merrill can best be described as a Renaissance man. He's a painter, sketch
artist, hair stylist and now he's bring his tattoo artistry to Excelsior.
Last summer, Merrill opened up his tattoo studio at Cameo Tesserae Salon in Excelsior.
Salon owner Betsy Hanna, from Chanhassen, wanted to expand her businesses' services by adding tattoo
services.
"No one does tattoos out here around the Lake Minnetonka;" Hanna said. "I see people walking all around
town with tattoos and they have become a lot more popular. To get one though you have to go to Hopkins,
Chaska or Bloomington. It's a service that's been untapped in our community."
Merrill has been a friend of Hanna for more than 20 years and has worked as a hair stylist at the salon.
Merrill has been working as a hair stylist since 1993.
Hanna said she knew Merrill would be the best person to start this tattoo business. "It's not typical to have
a tattoo business in a hair salon, which is pretty cool;' Merrill said.
"Jeff is such an amazing professional artist and tattoo artist;' Hanna said. "He's great at tattooing and
with him already being an artist, that makes his work that much better."
Merrill specializes in a variety of mediums including watercolor, oil, acrylics and pastels. He said he enjoys
making portraits and realism pieces.
Merrill has been an artist since he was a child and has been starting to work as a professional artist for
the past few years. Some of his work is sold out of the salon.
To learn more about Merrill's artwork, visit merrillfineart.com.
Merrill said, "My work as a professional artist has impacted and made my work more interesting as a
tattoo artist."
Merrill started his tattoo artistry apprenticeship nine years ago and got his license seven years ago.
At the salon, Merrill does tattoo artistry similar to his artwork, specifically watercolor and realism tattoos.
"I specialize in portraits, I like water color and I've always been a painter so I add all that to my tattooing;"
he said.
Merrill recently completed a memorial tattoo for his nephew Noah Merill.
Noah wanted a memorial for his cousin and friend, Lauren, who also was Jeffrey's niece. Lauren was
killed in a car crash March 5, 2016, in North Dakota. She was 25.
"Growing up we hung out all the time;' Noah said. "We were really close growing up"
RECEIVED
JUN -5 2018
CITY OF SHOREWOOD
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Tattoo artist brings his creativity to Lake Minnetonka I Excelsior /South Lake I hometownsource.com
Noah knew he wanted to honor Lauren, so he turned to his uncle to get a watercolor memorial tattoo.
"The cross is the perfect memorial for someone so when someone asks me about my tattoo, I can tell
them her story;" Noah said. "She was so nice and something like that should have never happened to
someone so nice. When I woke up that day it happened I couldn't believe it. A tattoo is a way for her to live
on. She's never gone:'
Merrill said that, "Most of the time the tattoos I do have some meaning behind it"
Merrill's watercolor tattoos use more translucent ink that's added with witch hazel.
"Knowing how to do watercolor paintings makes it easier to know how to approach the tattoo;" Merrill
said. "You get all these nuances with watercolor tattoos. It's real flows and is very beautiful."
Merrill uses a Cheyenne Hawk rotary machine that uses disposable, sanitized cartridges. The cartridges
are not reused and disposed as medical waste.
"You don't have to waste time setting up the tattoo machine;" Merrill said. "It's so cool. If you want to
switch the needle size you just change the cartridge."
The Cheyenne Hawk is also a gentler machine that works best for those who are more sensitive.
"It's really gentle and it's gentle for the person getting the tattoo and the tattoo artists because there's less
vibrations;' Merrill said.
When Merrill is not working at the salon doing tattoos or hair styling, he's at work doing micro hair
pigmentation, which is tattoo treatment that creates the effect of a full head of hair.
Merrill said he uses tattoo coloring to create an illusion of a hair follicle.
This treatment is typically used on men with a shaved head to create the illusion of hair follicles.
Since Merrill opened the tattoo studio at Cameo Tesserae Salon, there have been a number of walk -ins
who got tattoos. Hanna said. "The response from the community for tattoos has been great."
To contact Merrill about his tattoo artistry, call 612 - 237 -5447.
For more information on Cameo Tesserae Salon, visit cameotesseraesalon.com or call 952 - 401 -1633
Follow Paige Kieffer on Facebook at facebook. com/mnsunsailor.
Paige Kieffer
6/5/18, 6:37 PM
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Updated
MN LICENSED BODY ART ESTABLISHMENTS
05/10/2018
Establishment Name
6th Street Tattoo
License No,
430099
City
Brainerd
Expires
9/30/19
7th Street Tattoo
430371
Ramsey
9/30/19
A Shade of Country Tattoo
410311
Troman
9/30/19
A Stovepipe Studio
310395
Rochester
9/30/19
A+ Tattoo and Body Piercing Company
430050
Hastings
9/30/19
A -1 Tattoo Company & Body Piercing
430059
Saint Paul
9/30/19
Aafusion
410391
Burnsville
9/30/19
Abonination Tattoo Studio - Closed 5/9/2018
410383
Wadena
9/30/19
About Face By Jul
410153
Alexandria
9/30/19
Absolute Bodyart
430203
Duluth
9/30/19
Acme Tattoo Company, Inc.
410005
Saint Paul
9/30/19
Aesthetic Therapies
430147
Woodbury
9/30/19
Aesthetics Hair Salon & Skin Care
410127
Grand Rapids
9/30/19
Afrtifex Social Club
410407
Woodbury
9/30/19
Ah -Sirt at 75th on 3rd
430415
Zumbrota
9/30/19
Almost Famous Body Piercing
420342
Mankato
9/30/18
Aloha Art Collective Tattoo
430347
Woodbury
9/30/18
Aloha Monkey
430022
Burnsville
9/30/19
Anchor 13 Tattoo
430376
Princeton
9/30/19
Anchors End Tattoo
430352
Duluth
9/30/18
Andros MedSpa
410381
Mendota Heights
9/30/19
Angel Rose Tattoo & Piercing
430319
Hibbing
9/30/18
A -Town Tattoo
430339
Annandale
9/30/18
Autonomy Tattoo
430341
Rochester
9/30/18
Beaute Ink
410425
Saint Paul
9/30/19
Bella Faccia
410436
Stillwater
9/30/19
Beloved Studios
410047
Saint Paul
9/30/19
Benchmark Tattoo & Gallery
410374
Duluth
9/30/19
Big Trouble Tattoo
410055
Perham
9/30/19
Black Coffin Tattoo
410315
Saint Paul
9/30/19
Black Moth Tattoo
410387
Winona
9/30/19
Black Phoenix Tattoo
430053
White Bear Lake
9/30/19
Blasted Ink Studio
410318
Saint Paul
9/30/19
Body Matrix
430042
Bemidji
9/30/19
Branded With Color Permanent Cosmetics
410065
Prior Lake
9/30/19
Brending Electrolysis, Inc.
410002
Saint Paul
9/30/19
Brow Bella
410443
Burnsville
9/30/19
Brows and Beauty by Xavi
410444
Oak Park Heights
9/30/19
Buku Lashes
410275
Alexandria
9/30/19
Cactus Tattoo & Body Piercing
430003
Mankato
9/30/19
Carried Tesserae' Salon MOW
410413
ftnmWor
9/30/19
Cascade Med Spa
410108
Baxter
9/30/19
Center for Permanent Cosmetics
410029
Savage
9/30/19
CentraCare Clinic
410384
Saint Cloud
9/30/19
Chrysalis Cosmetic Injections & Permanent Make Up
410113
Baxter
9/30/19
Classic Image Salon
410372
St Cloud
9/30/19
Cloud 9 Tattoo
430115
Elk River
9/30/19
Corpus Opus Studio, LLC
410384
Austin
9/30/19
Crazy Lady Ink (Formerly Lucky Linda's Body Art)
430198
Shakopee
9/30/19
Cream City Tattoo
430167
Saint Cloud
9/30/19
Credo Salon Spa
410445
Stillwater
9/30/19
Dark Angel Ink
430073
Virginia
9/30/19
Dark Matter Tattoo
430287
Saint Cloud
9/30/19
Dawn's Permanent Cosmetics Marshall
410011
Marshall
9/30/19
Delirium Ink
410136
Forest Lake
9/30/19
Dena's Permanent Cosmetic Center
410291
Detroit Lakes
9/30/19
Dermillusion
410356
Roseville
9/30/18
Dick's Tattoo
410352
Forest Lake
9/30/18
Duluth Microblading Studio
410398
Duluth
9/30/19
Ed Kellner's Mad Tatter Studios LLC
430351
Twig
9/30/18
iT you require an aiternate Tormat p.e., iarge print), please can Ibsi) tu.i -iisl.
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.nmus • cityhall @ci.shorewood.mn.us
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: June 5, 2018
RE: Jonathan Higgins, zoning text amendment: body art as a use in the C -1 district
(Zoning regulations sections 1201.02 and 1201.22)
REVIEW DEADLINE: August 22, 2018
FILE: 18.08
REQUEST
The applicant requests a zoning text amendment to allow tattooing in the C -1 zoning district. He plans to
open a new business at 23670 State Highway 7 that would be include tattooing, a museum of tattoo
paraphernalia as well as other artist studio.
Staff found that the zoning ordinance does not include tattooing as a permitted use nor does it have a
similar use that would allow administrative approval of the use. Consequently, operation of the business
requires an amendment to the ordinance. The applicant's request is attached.
Notice of this application was published in both of the official city newspapers at least 10 days prior to the
public hearing.
Page 2
ANALYSIS
The applicant has submitted a narrative indicating that tattooing is a growing field and a high percentage of
Millennials and GenV ers are likely to have one or more tattoos.
Other Cities' Ordinances:
Staff reviewed other cities ordinances and found most cities fall into one of four categories:
Permitted uses subject to state licenses
Plymouth, Chanhassen
Permitted uses subject to municipal licenses
Minnetonka, Bloomington
Prohibited uses
Deephaven
Not mentioned (thereby prohibited)
Excelsior *, Minnetrista, Mound, Orono, Spring
Park, Tonka Bay, Victoria, Wayzata
*Excelsior includes a definition, but does not include the use in any zoning district
Licensing:
The State of Minnesota requires all body art technicians and establishments to be licensed. The statute
combines tattoo establishments, piercing studios and other related body art into one licensing category.
The statutes also allows municipalities to license body art establishments in addition to the state license.
Cities with their own health departments (such as Bloomington and Minnetonka) have elected to license the
establishments, but those cities without health departments (such as Chanhassen and Plymouth) defer to the
State.
Proposed Ordinance:
Staff has proposed the attached ordinance to:
define body art establishments
consider the use a permitted use in the C -1 zoning district
Definitions: Staff included definitions to define body art establishment, body art, tattooing and body
piercing. To meet the definition of body art establishment, an establishment would have to be licensed with
the State. Staff left out of the body piercing definitions the more extreme versions of piercing, including
branding, cutting, subdermal implantation, suspension, tongue bifurcation or scarification. Standard ear
piercing was also left out as that service has typically been provided without any license in jewelry stores
and similar uses.
Other sections of city code to be amended: Although not reviewed by the Planning Commission, staff will
also be proposing an amendment to the license requirements to ban the sale of alcohol, tobacco and
tobacco - related products within body art establishments. The applicant has not indicated any interest in
selling alcohol or tobacco products, but staff would like to avoid any future sales of any of the products to
avoid allowing a head shop and avoid conflict with alcohol within a body art establishment.
Clean up item: Staff noticed one other use was not in alphabetical order and reordered the uses.
ATTACHMENTS
Draft Ordinance
Applicant's narratives
THE MUSEUM OF TATTOO, ART, AND CULTURE
Statement of Purpose
The purpose of the Museum of Tattoo, Art, and Culture is to increase public
awareness, understanding, and appreciation for the relationship and interplay
between, culture, art, and tattoo throughout human history by preservation,
exhibition, education, and outreach.
The museum will be created to be welcoming and appropriate for guests of all ages,
and designed in such a way that guests can walk through and learn at their own pace
and interest level, and this space will be an area that is separate and partitioned from
live tattooing. The museum will have on permanent display a unique collection of
tattoo tools and artifacts from various times and cultures in human history, as well as
historical, cultural, and biographical references in print media, art, and photos. The
displays will be accompanied by small informative narratives, which help tell to the
story of humanity through tattoo, art, and culture.
The museum's primary objective is to foster and cultivate a local community of
patrons who are highly interested in art, culture, and /or human history. This will be
accomplished by maintaining interesting and engaging exhibits and displays,
providing regular learning opportunities through workshops and seminars on wide -
ranging topics, and by providing a fully stocked artist's studio for use by paid
members of the museum. The museum will generate revenue in the following ways:
• annual memberships RECEIVED
• custom guided tours MAY 14 2018
• instructional art workshops and classes
CITY OF SHOREWOOD
• gallery art sales /auctions
• retail sales (trade supplies /merchandise /memorabilia)
The proposed space (Bay 11 at Shorewood Village shopping plaza at 7 &41) would
consist of roughly 1600 sq.ft., utilized in the following proportions:
-400 sq.ft utilized for tattooing
-300 sq.ft utilized for museum displays and exhibits (also workshops and seminars
when scheduled)
-150 sq.ft. utilized for artist studio space (accessible to museum members only)
-100 sq.ft. utilized for office /admin
- remaining space would be storage /supplies room, restrooms, and utlity rooms
Greetings Miss /Mrs. Darling,
I am writing a letter to introduce myself, to share my vision for a landmark attraction Tattoo Parlor /Museum
in Shorewood, and to provided further detail to my forthcoming application to amend the code.
My name is Jon Higgins, 39, and I have resided at 6015 Seamans Drive in Shorewood MN 55331 since 2008.
Married 9 years to wife Kate, blessed with two children— Sophia (6) and Jasper (5).
I have been a painter /artist all my life, and fascinated by Tattoos just as long. When I began tattooing 6 years
ago, I already had the beginnings of a vision for what I wanted to create and offer to the world as it pertains to
tattooing. The observations in my own experiences and early exposure and memories of tattoos, my
experiences being tattooed by different tattooers in different shops over several generations, and visiting
countless other shops and tattoo conventions and museums /exhibits across the country, as well as reading
countless books and periodicals about tattooing and tattoo history, has resulted in my personal (though still -
evolving) perspective or "understanding" of Tattooing, that while not completely new or unique, is
significantly under - represented in the marketplace of Tattoo businesses (Parlors). It is a perspective of
tattooing that aims to take the full history of the craft and tradition throughout the expanse of human history
into consideration, and takes great care and reverence to the practicing of the tradition of giving and receiving
Tattoo. It is more than just a form of "artistic expression ", or means of decorating the human body for
aesthetic reasons alone. Tattoo is a sacred craft as old as the most ancient traces of human history, and is
simultaneously a result of and reflection of, our evolving consciousness as a species.
The result: Historic Tattoo. A Tattoo Parlor and Museum that honors the traditions of Tattooing through
displays and educational materials, and at the same time provides patrons with a high quality Tattoo
experience in a clean, respectable, fun environment.
I live about a mile from 7 &41. My family and I have been regular patrons to a number of shops located in the
local community for the past 10 years. My children are enrolled in the local elementary school and are also
involved in local sports. My family and I are rooted in this community along with lifelong friends and
extended family, and my intention is to build a lasting business that supports and is supported by the local
community.
I hope this information along with the attached "informational flyer" and brief look at the Business Plan, help
to provide some background and context to my request to have the code amended to allow for a Body
Art /Modification establishment (application forthcoming, to be filed by April 24, 2018). I also hope it is
viewed positively and with excitement and openness, not just for the primary merits of our endeavor and
long -tem goals in this community, but also for the positive impact it would have on increasing the revenues of
businesses nearby.
Your time and consideration are greatly appreciated. Please feel free to share any of the enclosed information
with other Shorewood elected officials or Board members if desired or deemed appropriate. Also, if you have
any questions or suggestions that would be helpful in arriving at successful passage of the proposed
amendment and becoming a member of the local business community, please do not hesitate to contact me.
Regards,
Jon Higgins
RECEIVED
p:952.353.7657 APR 2 3 2018
CITY OF SHOREWOOD
HISTORIC TATTOO
ParCor & Museum
Our goal is to be the premier landmark attraction in Minnesota for anyone
interested in Tattoo. Offering expert tattooing in a clean, fun, and respectable
setting. A space filled with unique art and artifacts from around the world, as
well as interesting and informative permanent exhibits and displays that
showcase the rich history of Tattoo throughout human history. Providing
learning opportunities to visitors about the various traditions and styles of
tattooing that exist, results in a better Tattoo and overall experience for
everyone!
•'• Clean, Fun setting
❖ Expert Tattooing, Award Winning Artists
❖ Tons of Art and Tattoo tools and Artifacts from around the world!
❖ Informative and interesting Exhibits and Displays!
❖ Open to the public 10am -10pm daily!
Visit... Learn... Get Tattooed! Get Cultured!
FREE MONTHLY SEMINARS !!!
Learn about the basics
- The experience, what to expect
- Tattooing process and healing
- Health and Safety
Tattoo History
- Early humanity ( >5000 b.c.)
- Places of origin, various traditions
- Re- introduction to Western civilization (1850's)
- 100+ years of evolution (present day)
AND MORE!
AVAILABLE FOR
PURCHASE
➢ BOOKS
➢ APPAREL /GEAR
➢ MEMORABILIA
➢ COLLECTABLES
➢ ARTWORK
➢ TOOLS & SUPPLIES
(for licensed
professionals only)
Executive Summary
Historic Tattoo (and the Museum of Tattoo, Art, and Culture) aims to be a landmark Tattoo Parlor
and Museum serving primarily Shorewood and nearby Lake Minnetonka communities, but also
the greater state of Minnesota and surrounding states. The business will serve as a location
where people can come together for the enjoyment and receiving of Tattoo, as well as for greater
discovery and learning about Tattoo, Art, Culture, and their interconnectedness throughout
human history. This will be accomplished by:
(1) Establishing a business that possesses a singular core value of "only the best will do"
(2) Establishing and maintaining a reputation for providing high quality "best practices"
custom tattoos to a wide ranging client demography, utilizing the highest quality
organic /vegan pigments available, delivered with the highest possible level of customer
service, in a safe, clean, creative (and fun) environment
(3) Creating a dedicated space for interesting and engaging physical displays /exhibits with
educational and historical references to Tattoo, Art, and Culture throughout human
history, providing learning opportunities for those new to tattoo, those considered
"collectors ", and those simply interested in a cultural and learning experience.
(4) Creating and offering a space /studio for local artists (or travelling artists) to exercise a
wide range of artistic disciplines in a dedicated, comfortable, and inspiring environment
fully stocked with art supplies
(5) Offering regularly scheduled public outreach seminars and workshops covering wide -
ranging topics (including Tattoo history, Tattoo safety /bloodborne pathogens, beginner's
intro to getting Tattooed, and more)
(6) Maintain retail product offerings, providing collectors /enthusiasts /tattoo artists an
opportunity for purchasing Tattoo memorabilia, clothing, and collector items. Also
available (to licensed Tattooers only), Tattoo machines, trade supplies, tools, and
pigments (unique in Minnesota, no other brick and mortar locations to obtain supplies
from reputable, licensed dealer)
Goals /Objectives
Historic Tattoo aims to meet the following goals and objectives in its first three years of operation:
• Achieve combined annual revenues of approximately $400,000 in first three
years
• Create (2 /day x 300d= 600(yr1), 4 /day x 300d= 1200(yr2), 4 /day x 300d=
1200(yr3) - -- 3000 individual Tattoos in first three years
• Successfully offer and deliver 36 (1 monthly, avg. 10 attendees per) free public
outreach seminars or workshops reaching over 350 community members (&
potential new customers).
• Within 5 years develop /sponsor the "Mink Awards," aka "Best of Minnesota Ink"
annual evening of celebration to honor and celebrate Minnesota's best Tattoos,
Tattooers, and the best Tattoo experiences
• Develop and maintain product offerings both at physical storefront as well as
through e- commerce functionality on business website, with $25,000 gross sales
in first three years
Mission
It is the mission of Historic Tattoo to become a renowned landmark destination for both
those new to the world of Tattoo as well as for Tattoo enthusiasts /collectors by offering
"best- practice" high quality unique tattoos in an environment dedicated to the history,
culture, and Sacred nature of the tradition and practice of Tattooing, resulting in the most
enjoyable Tattoo experience available.
Vision
Our vision is society and individuals embracing, utilizing, and enjoying Tattoo in safe and
inspired ways with understanding and respect.
Description of Company /Business
I. TATTOO INDUSTRY
Market Analysis Summary
Tattoos are no longer solely the interest of, or obtained only by the fringes of society as has been the
norm for the last 100 years in America. In fact, western society's interest and acceptance of Tattoo is
rapidly trending in the opposite direction. A 2006 survey by the Pew Research Center found that
36% of Americans aged 18 to 25, and 30% of those ages 26 to 40, have at least one tattoo. (these
individuals are now approximately 30 to 50 years old)
Here are some recent figures compiled by "The Week" publication in September, 2012:
• $2.3 billion Annual revenue of the tattoo industry
• 15,000 Tattoo parlors in America
• 21 % of Americans have a tattoo
• 23 % of women have a tattoo
• 19 % of men have a tattoo
• 36 % of 18- to -25- year -olds have a tattoo
• 28 % of 30- to- 39- year -olds have a tattoo
• 11 % of 50- to- 64- year -olds have a tattoo
• $80 to $100 Average per hour cost of a tattoo
• $150 -$350 Per hour cost of a tattoo in Brooklyn, N.Y.
Sources. Harris Interactive, Mental Floss. The Motley Fool, NBC News Pew Research Center Tattoo Info, The Wall Street
ournal fQ
Some other statistics about the market:
• The National Geographic News stated in April 2000 that 15% of all Americans were
tattooed (or approximately 40 million people)
• Esquire Magazine estimated in March 2002 that 1 in 8 Americans (12 1yo) was tattooed.
• A 2003 Harris Poll found that 16% of all adults have at least one tattoo.
• The highest incidence of tattoos was found among Americans ages 25 to 29 years (36%)
and 30 to 39 years (28 91o). Regionally, people living in the West (20%) are more likely to
have tattoos,
Search Engine Lycos, ranked the Top 50 search terms every week. "Tattoos" was the 11th most
popular search term in 1999, the 7th most popular search term for the year 2000, the 4th most
popular search term in 2001, and the 3rd most popular search term in 2002. "Tattoo and tattoos"
is one of only seven search terms to never fall out of the Top 50 Search terms in the 199 weeks
since Lycos has been keeping track. The other six are Dragon Ball, Pamela Anderson, Jennifer
Lopez, Britney Spears, Las Vegas and the WWE/WWF.
In July of 2002 "tattoos" reached its highest ranking ever with Lycos, coming in as the 2nd most
requested search term on the internet. "Tattoos" was requested more often than Britney Spears,
marijuana or Kazaa (indicating the prevalence and acceptance in the youth of today, the tax
paying citizens and community members of tomorrow).
These are some of the results of The Harris Poll of 2,225 U.S. adults surveyed online from
October 14 -19, 2015. The following reflects the percentage of age group that has at least one
tattoo:
• Millennials (47916)
• Gen Xers (3696)
• Baby Boomers (13 %)
• Matures (10 %)
Millennials and Gen Xers (37% and 24 %) are also exponentially more likely than their elders (6%
Baby Boomers, 2% Matures) to have multiple tattoos.
Some other interesting comparisons:
• Rural (3591o) and Urban (3396) Americans are both more likely to have a tattoo than
Suburbanites (2596).
• Those with kids in the household are much more likely than those without to be
sporting at least one tattoo (43% vs. 21 %).
• Political persuasion doesn't seem to factor into the decision to get a tattoo, with little
difference between Republicans, Democrats and Independents (27 %, 29% and
28%).
RECENT NEWS: In the week of April 16 2018, SAKS 5th Ave in NY announced they will
begin offering Tattooing to be showcased in their Manhattan storefront window. Three
artists from a local prominent Tattoo Parlor will continually service clients on a rotating
basis.
http: / /newyork.cbsiocal.com/2018 /04/17 /Saks- tattoo - parlor/
NEW YORK (CBSNewYork) - Saks Fifth Avenue is getting its own tattoo parlor.
Starting next week, you can be a live model in the window display at Brookfield Place. As CBS2's
Natalie Duddridge reported, that's where Saks will have three artists from the Rivington Tattoo
NYC parlor on the Lower East Side on permanent rotation.
"So instead of a mannequin or a rack with clothing, you will have live tattoos being performed by
our artists on real life clientele," co -owner of Rivington Tattoo NYC Wass Stevens explained.
It's just one more service the store is offering shoppers, hoping to bring them inside at a
time when retailers are struggling to compete with online shopping.
"Because of the internet, how easy it is to just click and buy, it will draw people in," said Stevens.
Retail experts call the extra in -store add -ons "shoppertainment."
"Stores will definitely continue to add more perks. They're look at different experiences, different
type of experimental stores to drive traffic," said Spencer Ware, retail expert with Alixpartners.
» »But some people say nothing beats rolling up your sleeves in an old school tattoo
parlor. "I think I'd want to go to a place that's a little bit more specialized in tattoos," one
man told Duddridge.
"I think the ambiance of the place you make your tattoo matters," a woman added.
Sak's tattoo shop is expected to open sometime next week.
Also, in the neighboring town of Excelsior MN, a local hair salon located on 2nd Avenue off of Water
Street has in the past month added Tattooing services by appointment only (not a dedicated storefront).
Market Segmentation
The market is broadly segmented into:
1 Those new to tattoo (none, one, or only a few small Tattoos)
2 Tattoo collectors (those who get numerous tattoos or have had long or multiple sessions)
The view held by Historic Tattoo is that "the Market" has largely been overgeneralized and under -
appreciated for the past 100 years. Our belief is that greater understanding or refinement of the
market segmentation and particularly what motivates a particular individual to seek the Tattoo
experience is the "Novum Organum" or "new canon of thought" for purveyors of Tattoo. Those
businesses that maintain this understanding and approach, will inevitably "rise to the top ", by
providing a distinctly higher valued experience than competitive business models.
The market segments will primarily reside in the Lake Minnetonka, MN area; include residents above
the age of 18 in the towns of Shorewood (7000 +/-), Excelsior (1840 +/-), Minnetonka (41,120 +/-)
and surrounding towns of Orono (6240 +/-), Wayzata (3360 +/-), Chanhassen (19,600 +/), Chaska
(19,600 +/-), Victoria (6400 +/-), and Waconia (9,200 +/-), for an estimated total of 107,960
perspective clients within a 10 mile radius of Historic Tattoo. There will also be a small but growing
market segment from greater distances including visitors from out of state.
New to Tattoo: These are individuals who are "new to Tattoo" and may have some trepidation about
experiencing a tattoo. This includes those who have not experienced Tattoo, and usually lack
knowledge or understanding about the history and various types or purposes of Tattoos, application
processes for various types of Tattoos, or the various health safety issues relating to Tattoos or the
Tattoo process. Those in this segment are more likely (although exceptions exist):
to consider the experience a social one, bringing friends or family to witness (or help distract
from) the Tattoo experience
to be more concerned with the Tattoo price and the experience provided, versus the
uniqueness of the Tattoo or technical quality and application process
to have not yet fully developed an appreciation for the long -term "intangible" benefits or
true power of Tattoo
Subsets of this segment are:
• Those for whom their first Tattoo is a novelty and will be their last
• Those who will slowly grow in familiarity and comfort with Tattoos and the Tattoo
experience (beginning to receive more or larger Tattoos) and similarly in their knowledge
and understanding about Tattoo
• Those who will become extremely passionate, and in rapid succession begin filling their
body with hours of the Tattoo experience, while at the same time searching for: resources to
fulfill their growing demand for knowledge about the history and art -form, as well as others
in the community with whom to share their interest. (these individuals become "Collectors ")
• Those few, who in their first experiences acquire an understanding or view of the power and
nature of Tattoo, and learn of the "magical" nature of Tattoo (taking things that are invisible
and inside a human, and making them visible to other consciousnesses outside the individual,
the acts of creating and inspiring, the act of consciously and permanently changing ones own
physical body) and as a result approach Tattoo in a manner which reflects this deeper and
more profound understanding (seeking /obtaining a Tattoo when it is 'meant" to happen vs.
simply when the passing thought occurs — although there is a time for all seasons), when life
brings Tattoo to the individual - by the weight of long -held traditions in ones own community,
through intense moments such as birth, or death, or immense struggle, or overcoming, or in the
deep yearning for understanding or peace, or simply as a means forgreater self - identification,
et cetera), their impulse for Tattoo being minimally influenced by ego- driven desires (not as
"art", or justfor "looks ", or as body adornment or permanent "accessories "for the individual
alone), and treating with respect the permanence and influence on others of the Tattooed
images or symbols. This sub -set is the currently the smallest, least developed, and most
significantly under - served segment of the current marketplace for Tattoo Businesses; most
catering to more "ego- driven" approaches to
Tattoo collectors: Rarely will an individual begin in this segment. Most have at one point been new
to the Tattoo experience and over a period of time, collection of various tattoos, and increased
passion for the culture of the Tattoo experience, grow into what can be considered a "collector ". This
individual has had hours of Tattoo experience, through which, a greater understanding and
appreciation for Tattoo has inevitably developed. This client understands the tangible as well as the
"intangible" benefits of Tattoo, and is willing to pay whatever the market demands in order to receive
a high quality tattoo experience. These clients often cover significant areas of their skin with Tattoo
and as a result, act as significant sources of advertisement for the artists or shops where they have
received their Tattoos. Because of the long hours that go into many large -scale or repeat Tattoos,
significant client relationships are built with this segment. Those in this segment are more likely:
• to consider the experience an individual one, more often not bringing friends or family to
witness (or help distract from) the Tattoo experience
• to be less concerned with the Tattoo price and the experience received, and more concerned
with the uniqueness of the Tattoo and the technical quality and application process and may
even be interested in alternative application processes (hand poke traditional tattooing/
non - electric)
• to have greater understanding and interest regarding history, trends, culture and industry
personalities, as well as the intangible benefits of Tattoo (how it affects an individual over
the course of one's life)
Subsets of this segment are:
• Those who are masochists, rebels, outcasts, or similar, and enjoy Tattoo for how it makes
them feel, or helps to "create or solidify" how they are to be identified by society at large
• Those who have great appreciation for the beauty, art, culture, history or Tattoo, and enjoy
becoming a part of it by offering their bodies and significant amounts of time and money, to
own their "piece of that history" (and be a part of it)
• Those who belong to subsets of society where Tattoo is used commonly in a traditional sense
and bodies are covered as a result of traditions passed down for generations, where the
reason /purpose /understanding is primarily focused on the idea of maintained continuity in
identification with a particular clan or tribe or group (native tribal peoples, Yakuza in Japan,
even other more loosely affiliated groups or communities where an individual is raised,
lives, and is surrounded by Tattoos of a particular uniformity.
• Those few, whose lives and experiences has been such, that Tattoo has been brought to them
many times, in many places, by the hand of many Tattooers, and as the result, have become
covered. The "unintentional collector ".
Until recent times, the Market has been significantly under - defined, and as result, under - served. This
means that the vast majority of businesses that provide Tattoo have been limited in their approach
and effectiveness as a businesses, and likewise have been limited in their access to the greater
marketplace (all other individuals in society that would consider Tattoo neither as a novelty, nor as
something they have intention of becoming habitual, but would consider if guided to a perspective of
Tattoo that "made sense" to them, and /or simply a more conducive environment for obtaining
Tattoo). The owner of Historic Tattoo believes this segment constitutes an important third market
segment; one that in fact precedes and in reality encompasses the established segments, but also
includes many that would not fall into either of the two currently defined broad segments.
Tattoo on an "as needed" basis
This segment of the market and approach to Tattoo has largely been ignored (in the owner's
opinion), with the focus of the Tattoo industry primarily on the "new to Tattoo" as well as "collector"
segments of the market. These market segments and "types of tattoo experience" are more often
focused on the "artistic" aspect or other "ego- based" aspect of Tattoo, and do not serve the needs of
individuals seeking something of a different nature.
Those that fall into the "Tattoo on an as needed basis" seek out the Tattoo experience only when it is
felt to be absolutely "needed ". Tattoo is viewed with such a high level of regard and seriousness for
its purpose and its effects that the seeking of the experience is only done with utmost sincerity. Some
"life- event" has affected them with such great magnitude, or some thought or feeling has been
affecting a person with to the point of becoming burdensome for an extended period of time, that the
only possible thing, remedy, or balancing /complimenting event to assist with the assimilation of the
intense "life- event" or struggle, is the receiving of a Tattoo. There can be a wide range of possible
purposes or reasons for this type of Tattoo —the commonality being how intensely the recipient is
being affected in their life and perspective by this event or passing time. These things can be events
that embody pain or the immense challenges or struggles or some trauma one may have faced, or
they can be events or things that embody joy and the highest and /or noblest and beautiful things or
experiences life has to offer. Whether as an aid in dealing with the loss of a loved one, or having been
an innocent victim in some traumatic event or illness, or as a means for marking or signifying some
significant personal struggle, or on the other end of the spectrum, some positive life changing event,
personal success, tribute to family heritage, honoring and display of closely held personal values, or
honoring of individuals and loved ones in their lives that have brought them happiness and a sense of
fulfillment. These reasons are just a few of the varied motivations that individuals might have for
obtaining a Tattoo on an "as needed basis ". There are many others.
Historic Tattoo will work primarily to develop and to serve this market segment in the ways
previously outlined in the Executive Summary.
Present Outlook
Currently, the Tattoo industry is experiencing considerable growth as a result in exploding consumer
demand and awareness (largely fueled by the internet availability of images and attractive visual
examples). As a generalization, the Tattoo industry has a long been an environment of isolationist
practices and /or, less than optimal safety or business practices, much as the result of lack of
education both on the part of Tattoo Business owners, Tattooers, as well as the clientele being
served. While there have been improvements in tools /technologies /pigments as well as in examples
being set for best safety practices and standards, there is still significant lack of uniformity or
enforcement of standards. States have wide ranging regulations or requirements, and their ability to
enforce those is limited in scope. The general process for tattooing, as well as the overall approach or
perception of "what Tattoo is or should be, to society and humanity ", has not changed significantly in
over 100 years in the industrialized world. This limited grasp or "under- utilization" of Tattoo has
resulted in "untapped" revenue sources that would result from additional services rendered, or value
added aspects of the Tattoo experience that would significantly heighten customer satisfaction
(which can be monetized).
Future Opportunities
With tattoos on the rise, regrets about Tattoos obtained has risen as well; though a strong majority
still has no regrets, nearly one fourth (23 %) of those with tattoos say they ever regret getting one -
up from 14% in 2012.
Top- ranked regrets (collected in an open -ended manner) include:
3 Too young when they got the tattoo,
4 Personality changes /Doesn't fit my present lifestyle,
5 Got someone's name that I'm no longer with,
6 Poorly done /Doesn't look professional, and
7 Isn't meaningful.
Company Structure /Ownership
The business was established in 2017 as a limited liability corporation under the name Historic
Tattoo (LLC), on file with the Minnesota Department of Revenue; owned by myself, Jonathan
Higgins, of Shorewood.
Start -up Summary
Start -up inventory costs and operating expenses for Historic Tattoo have already been allocated
and include significant capital expenditures for: physical space improvements and
customization /construction costs, building permit for renovations, MN state Health Department
licenses and permits, long -term marketing and advertising, and all associated start -up supplies
and logistical items (Tattoo supplies include chemicals sterilizers, antiseptics, disinfectants,
ointments and soap), paper products, linens, towels, gloves tattoo station equipment (two tattoo
chairs, mirrors, lights, tool boxes, sharps container, covered trash bin), waiting area furniture
(lounge sofa, coffee table, end tables), a sound system (speakers and control system), a digital
camera, office equipment (printer /scanner /copier, phone), and sterilization room equipment
(ultrasonic unit, autoclave, sterilization pouches, biohazard removal services), medical
disposables and skin marking supplies (thermofax, stencil paper, pens, skin scribes).
Commercial liability insurance as well as business property insurance policies will be placed in
service and fully /permanently maintained.
Additionally, computer /software purchases, which include a basic calendar /scheduling program,
inventory program, and accounting software (basic QuickBooks). Website development for the
creation of a basic website and grand opening advertisements include small ads in local papers in
the weeks preceding the opening.
Competition:
In the lake Minnetonka region, Historic Tattoo LLC will compete with:
Electric Dragonland Hopkins, MN: Likely the "best ", most well known, industry -wide respected,
Tattoo Parlor in MN; Owned and operated by Shaun Anderson. Specializing in mostly traditional
American and traditional Japanese style tattooing.
InkHeart Tattoo Chaska, MN: Lesser known, newer shop with 3 -4 artists at a given time. Owned,
operated by Amelia Westerholm.
Canvas Tattoo Studio Eden Prairie, MN: Founded 2005, wide variety of styles including
traditional, new school, black and grey, full color, and permanent cosmetics.
Crazy Lady Ink Shakopee, MN: Small shop two artists, mostly piercing
CITY OF SHOREWOOD
ORDINANCE NO. 557
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO BODY ART ESTABLISHMENTS
Section 1. Zoning Code Section 1201.02 DEFINITIONS is hereby amended as follows:
BODYART. Physical body adornment including tattooing and body piercing. Body art
does not include practices and procedures that are performed by a licensed medical or dental
professional if the procedure is within the professional's scope of practice.
BODYART ESTABLISHMENT (LICENSED). Any establishment licensed by the
State of Minnesota where body art is performed.
BODYPIERCING. The penetration or puncturing of the skin by any method for the
purpose of inserting jewelry or other objects in or through the body. Body piercing does not
include the branding, cutting, subdermal implantation, suspension, tongue bifurcation or
scarification of another person as defined by Minnesota Statutes or piercing of the outer
perimeter or the lobe of the ear using a presterilized single -use stud -and clasp ear - piercing
system.
TATTOOING. Any method of placing indelible ink or other pigments into or under the
skin or mucosa with needles or any other instruments used to puncture the skin, resulting in
permanent coloration of the skin or mucosa. Tattooing also includes micropigmentation and
cosmetic tattooing.
Section 2. Zoning Code Section 1201.22 C -1, GENERAL COMMERCIAL DISTRICT
is hereby amended as follows:
Subd. 2. Permitted uses. The following are permitted uses in a C -1 District
a. Trade and services. Retail stores, personal service or business service
establishments, including the following and other similar uses:
(1)
Amusement places (such as dance halls or roller rinks) and
commercial recreation;
(2)
Antique, resale or gift shop;
(3)
Apparel sales;
(4)
Art and school supplies and picture framing;
(5)
Art gallery and sales;
(6)
Auto accessory store;
(7)
Bakery goods and baking of goods for retail sales on the premises;
(8)
Bank, savings and loan, savings credit unions and other financial
institutions;
(9)
Barber shops;
(10)
Beauty parlors;
(11)
Bicycle sales and repair;
(12)
Body art establishments (licensed;
(132)
Books, office supplies or stationery stores;
(14 -3)
Bowling alleys;
(154)
Camera and photographic supplies;
(165)
Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks;
(176)
Catering establishments;
(187)
Coffee houses;
(199)
Coin and philatelic stores;
( 920) Commercial tutoring and learning centers;
(210)
Computer and business machine sales or service stores;
(224-)
Convenience grocery stores (not supermarket type and without
motor fuel);
Insurance sales;
(232)
Copy service, printing service and newspaper offices;
(24)
Day spas;
(254)
Delicatessen;
(265)
Department and discount stores;
(276)
Drugstore;
(287)
Dry cleaning, including plant accessory thereto, pressing and
repairing;
(299)
Electrical home appliance stores, including incidental repair and
assembly but not fabricating
or manufacturing;
(30)
Electronic media rental and sales_
(312 -9) Employment agencies;
(320)
Enclosed boat and marine sales;
(334-)
Essential services;
(342)
Floor covering stores;
(35 -3)
Florist shop;
(364)
Furniture stores;
(375)
Garden supply stores;
(386)
Gift or novelty stores;
(397)
Government and public utility buildings;
(403 -9) Grocery store, supermarket (but not including sales from
moveable, motorized vehicles);
(4139) Hardware;
(420)
Hobby and craft store;
(434-)
Home entertainment and electronics sales;
(442)
Insurance sales;
(45 -3)
Interior decorating studios;
(464)
Jewelry stores;
(475)
Laundromat, self - service washing and drying;
(486)
Leather goods and luggage stores;
(497)
Liquor, on and off sale;
(5048) Locksmiths;
2
(5149) Massage therapy services, licensed pursuant to Chapter 311 of this
code;
(520)
Meat market, but not including processing for a locker plant;
(534-)
Motels, motor hotels and hotels, provided that the lot contains not
less than 500 square feet of lot area per unit;
(542)
Motor vehicle and recreational equipment sales and structures;
(55 -3)
Offices - commercial and professional, including chiropractic,
medical, dental and laboratories accessory thereto;
(564)
Optical stores and laboratories accessory thereto;
(575)
Paint and wallpaper sales;
(586)
Pest control services;
(597)
Pet sales, supplies and grooming;
(60-5-9) Photography studios;
(61-59) Plumbing, heating, ventilation and air conditioning, electrical
sales, and the repair thereof as an accessory use to the retail establishment permitted within this
district, but not including fabricating or manufacturing;
(620)
Private clubs or lodges serving food and beverages;
(634-)
Public utility collection offices;
(642)
Real estate sales;
(65 -3)
Record - music shops;
(664)
Recreation - personal fitness;
(675)
Restaurants and cafes, not including drive -in facilities;
(686)
Shoe stores and shoe repair;
(697)
Sporting goods sales;
(7068) Tailor shops;
(7169) Tanning salons;
(720)
Theatres, not of the outdoor drive -in type;
(734-)
Tobacco Shops;
(742)
Toy stores;
(75 -3)
Travel bureaus, transportation ticket offices;
(764)
(75)
Veterinary clinic with indoor overnight care and indoor kennels;
EleEtrenie mediaTen tals and salts-,-
Section 3. This Ordinance shall be in full force and effect upon publication in the Official
Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of
June, 2018.
ATTEST:
Sandie Thone, City Clerk
F1
Scott Zerby, Mayor
CITY OF SHOREWOOD
RESOLUTION NO. 18-
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. 557 BY TITLE AND SUMMARY
WHEREAS, at a duly called meeting on June 25, 2018, the City Council of the City of
Shorewood adopted Ordinance No. 557 entitled "AN ORDINANCE AMENDING THE
SHOREWOOD ZONING CODE AS IT PERTAINS TO BODY ART ESTABLISHMENTS ",
and,
WHEREAS, The City Council has adopted a lengthy ordinance amending City Code
section 1201.02 and 1201.22 to add definitions for Body Art Establishments and allow Body Art
Establishments as a permitted use in the C -1 zoning district. The purpose of this summary is to
inform the public of the intent and effect of the ordinance but to publish only a summary of the
ordinance with the full ordinance being on file in the office of the City Clerk during regular office
hours;
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. 557 clearly
informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 557 by title and summary, pursuant
to Minnesota Statutes, Section 412.191, subdivision 4. Such summary is to be
substantially the same as the attached form.
3. 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 25th day of June, 2018.
ATTEST:
Sandie Thone, City Clerk
Scott Zerby, Mayor
CITY OF SHOREWOOD
ORDINANCE NO. 558
AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE PERTAINING TO
SALE OF TOBACCO
Section 1. Shorewood City Code Section 302.06 Subd. 6 and 7 is hereby amended as
follows:
302.06 PROHIBITED SALES.
It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, or
tobacco- related device:
Subd. 6. From any body art establishment (licensed), as defined in Chapter 1201.02.
Subd. 76. By any other means, to any other person, on in any other manner or form
prohibited by federal, state or other local law, ordinance provision or other
regulation.
Section 2. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25h day of
June, 2018.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
#8A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Accepting Bids and Award of Construction Contract for the 2018 Reconstruction of
Riviera Lane, Mann Lane and Shorewood Lane, and Watermain Extension along
Yellowstone Trail (Club Valley Road to Riviera Lane), Riviera Lane, State Highway 9
(Riviera Lane to Lake Linden Drive) and Lake Linden Drive (State Highway 7 to 6140
Lake Linden Drive), City Project 17-04
Meeting Date: June 25, 2018
Prepared by: Katie Koscielak, WSB & Associates, Inc.
Reviewed by: Alyson Fauske, City Engineer
Attachments: Resolution
Background: The City Council approved plans and specifications, and authorized advertisement for bids
for the 2018 Street and Utility Improvement Project, City Project 17-04 on May 29. 2018. Improvements
identified in the 2018 Street and Utility Improvement Project include reconstruction of the existing
bituminous streets along Shorewood Lane, Riviera Lane and Mann Lane meeting City design standards
with concrete curb and gutter, storm sewer, and minor sanitary sewer improvements related to
reduction in inflow and infiltration into the system.
Additional improvements include extension of watermain along Yellowstone Trail, Riviera Lane, TH 7,
and Lake Linden Drive. Extension of the watermain along Yellowstone Trail and extensions to Lake
Linden Drive along TH 7 will be constructed by means of horizontal directional drilling as a trenchless
construction method to reduce impacts to adjacent properties and Yellowstone Trail traffic flow.
Extension of watermain along Riviera Lane will be by means of open cut installation with reconstructing
the existing street.
The City received bids on Thursday, June 21, 2018, and WSB has prepared a bid results letter with
recommendation for awarding the project and summary of bids received. The Lowest responsive bid
received is from Midwest Civil Constructors, LLC of Shakopee, Minnesota, with their grand total bid of
$1,708,509.00. The Engineer’s Estimate, prepared prior to receiving bids, was $1,749,589.00.
Financial or Budget Considerations: The Feasibility Report opinion of probable project cost is
$2,408,700 including construction contingency and indirect costs (engineering, legal, financing,
administrative, etc.). The project is proposed to be funded from the Street Reconstruction Fund, Storm
Water Fund, Sanitary Sewer Fund, and Watermain Fund.
Options:
1.Approve the resolution accepting bids and awarding the contract to the lowest responsible and
responsive bidder for the 2018 Street and Utility Improvement Project, City Project 17-04.
2.Reject all bids for the 2018 Street and Utility Improvement Project, City Project 17-04.
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
3.Take no action on this item at this time.
Recommendation: Staff recommends the City Council approve the attached resolution “Accepting Bids
and Awarding the Contract for the 2018 Reconstruction of Riviera Lane, Mann Lane and Shorewood
Lane and watermain extension along Yellowstone Trail (Club Valley Road to Riviera Lane), Riviera
Lane, State Highway 9 (Riviera Lane to Lake Linden Drive) and Lake Linden Drive (State Highway 7 to
6140 Lake Linden Drive, City Project 17-04”.
K:\02925-240\Admin\Construction Admin\02925-240 Bid Tab Summary 062218
178 East 9 th Street, Suite 200|St. Paul, MN 55101|(651)286-8450
June 21, 2018
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re:Riviera Lane, Shorewood Lane & Mann Lane Street & Utility Improvement Project
City of Shorewood Project No. 17-04
WSB Project No.02925-240
Dear Mayor and Council Members:
Bids were received for the above-referenced project on Thursday, June 21, 2018, and were opened and
read aloud.Fourbids were received.The bids were checked for mathematical accuracy.Please find
enclosed the bid summaryindicating the low bid as submitted by Midwest Civil Constructors, LLC,
Shakopee, Minnesotain the amount of $1,708,509.00.The Engineer’s Estimate was $1,749,586.00.
We recommend that the City Council consider these bids and award a contract in the amount of
$1,708,509.00 to Midwest Civil Constructors, LLC,based on the results of the bids received.
Sincerely,
WSB & Associates, Inc.
Alyson Fauske, PE
Project Manager
Attachment
kkp
Building a legacy –legacy.
your
Equal Opportunity Employer | wsbeng.com
K:\02925-240\Admin\Construction Admin\02925-240 LTR of Rec 062118.docx
CITY OF SHOREWOOD
RESOLUTION NO. 18 -067
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
2018 RECONSTRUCTION OF RIVIERA LANE, MANN LANE AND
SHOREWOOD LANE, AND
THE WATERMAIN EXTENSION ALONG YELLOWSTONE TRAIL (CLUB
VALLEY ROAD TO RIVIERA LANE), RIVIERA LANE, STATE HIGHWAY 7
(RIVIERA LANE TO LAKE LINDEN DRIVE) AND LAKE LINDEN DRIVE
(STATE HIGHWAY 7 TO 6140 LAKE LINDEN DRIVE)
CITY PROJECT 17-04
WHEREAS
, pursuant to an advertisement for bids for local improvements
designated as the 2018 Street and Utility Improvement Project, City Project 17-04, bids were
received, opened on June 21, 2018, tabulated according to law, and such tabulation is attached
hereto and made a part hereof; and
WHEREAS,
the City Council has determined that Midwest Civil Constructors, LLC
is the lowest responsible and responsive bidder in compliance with the specifications.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
1.All bids for the construction of the 2018 Street and Utility Improvement Project
, City Project 17-04 have been received and are tabulated on the attached
summary.
2.The bid of Midwest Civil Constructors, LLC in the amount of $1,708,509.00,
for the construction of said improvements, is in accordance with the plans and
specifications and advertisement for bids and is the lowest responsible bid.
3.The Mayor and City Clerk are hereby authorized and directed to enter into a
contract with said bidder for the construction of said improvements for and on
behalf of the City of Shorewood.
4.The City Clerk is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposit of the
successful bidder and the next two lowest bidders shall be retained until a
contract has been executed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this
th
25 day of June, 2018.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
#8B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Accept Resignation of Mr. Joe Lugowski, Public Works Department, and Authorize
Advertisement for Filing Vacancy.
Meeting Date: June 25, 2018
Prepared by: Larry Brown, Public Works Director
Attachments: Resignation Joe Lugowski, Job Description
Policy Consideration: Should the City Council authorize advertisement to fill the vacant position within
the Public Works Department created by the resignation of Joe Lugowski?
Background: Mr. Joe Lugowski, Utility Operator for the Department of Public Works, has submitted his
letter of resignation (refer to Attachment 1), having served 30 years and 7 months. Staff offer their
congratulations to Mr. Lugowski for faithfully serving the commu
time, and wish him all the best, as he enters retirement.
Due to this new vacancy, staff is requesting from the City Counc
Operator to fill this position. Attachment 2 to this memorandum is the current job description for a
Utility Operator.
Financial Impact: This position is filling the vacant position
a Utility Operator. Therefore, this is filling a vacant positio
department budget.
Options:
1.Accept the recommendation, as presented.
2.Reject staffs recommendation and provide staff with alternative direction.
Recommendation: Staff recommends that the City Council accept the resignation of Mr. Joe Lugowski,
and authorize advertisement for filling the vacant position.
Mission Statement: The City of Shorewood is committed to providing residents qualit
healthy environment, a variety of attractive amenities, a sustai
management through effective, efficient, and visionary leadershi 0 ¦¤
CS
ITY OF HOREWOOD
POSITION:Light Equipment Operator-Utilities
epartment:
D Public Works
Reports to:
Director of Public Works and Lead Supervisor
OBJECTIVE AND SCOPE
erforms skilled, semi-skilled and manual labor in the operation, maintenance and repair of City
P
Utilities and related operations, including Sanitary Sewer, Municipal Water System, and Storm
Sewer.
ESSENTIAL FUNCTIONS OF THE POSITION
A.Serves as LightEquipment Operator-Utilities
1.Must be able to work cooperatively with others, even during emergencies and
challenging situations, maintain a positive work attitude, and not negatively impact
the morale of others.
2.Must maintain an attitude of respect and professionalism at all times.
3.Operates, maintains and repairs Sanitary Sewer System.
4.Troubleshoots and repairs electrical pump panels, and wastewater pumps.
5.Performs inspections of sanitary sewer connections, disconnections, and pressure
testing of services.
6.Maintains wastewaterlift stations.
7.Operates, maintains and repairs municipal water system.
8.Operates, troubleshoots and repairs well control panels, fluoride and chlorine
pumps and injection systems.
9.Performs inspections for water service connections and disconnections.
10.Maintains City fire hydrants for water maintenance and fire suppression.
11.Performs required chlorine, fluoride and water testing as required by the
Minnesota Department of Health.
Light Equipment Operator-Utilities
Page 2
12.Performs routine maintenance and repair of storm sewers, ditches and culverts.
13.Performs drain cleaning manually and utilizing vacuum equipment.
14.Performs snow removal from streets, parking lots, ice rinks, trails, and sidewalks.
15.Maintains and repairs City streets including blacktopping, and culverts repair.
16.Performs confined space entries of sanitary sewer and municipal water systems in
a safe manner and in accordance with OSHA safety standards and City policies.
17.Maintains accurate records of sanitary sewer and municipal water service ties.
18.Attends safety meetings as required and follows necessary safety precautions.
19.Attends meetings and training as required.
20.Responds for on-call duty and emergency call-outs as required for snow removal
and ice control operations, severe rainstorms and other emergency conditions.
21.Must be available for on-call duties on a rotating basis and for work on Saturdays,
Sundays and holidays.
22.Performs other duties as apparent or assigned.
QUALIFICATION REQUIREMENTS
To perform this job successfully, an individual must be able to perform each essential duty
satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or
ability required. Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions.
EDUCATION and/or EXPERIENCE
High School Diploma or general education degree (GED); and a minimum of two (2) years’
experiencein a municipal utility; or equivalent combination of education and experience.
LANGUAGE SKILLS
Ability to read and interpret documents such as safety rules, operating and maintenance
instructions, maps, and procedure manuals. Ability to prepare routine reports and
correspondence. Ability to maintain records, complete daily logs, forms, and prepare reports.
Ability to follow written and oral instructions. Ability to communicate effectively with City
Light Equipment Operator-Utilities
Page 3
staff, elected officials, contractors and the general public. Must be proficient in reading, writing
and speaking English.
MATHEMATICAL SKILLS
Ability to make arithmetic computations using whole numbers, fractions and decimals.
Knowledge of weights, measures and volumes and the ability to convert between various units.
Ability to read and decipher as-built utility record drawings.
OTHER KNOWLEDGE, SKILLS AND ABILITIES
Ability to operate light and heavy Department equipment.
Knowledge of proper use of tools, equipment used in utility maintenance and repair.
Knowledge of utility maintenance and repair.
General knowledge of computer operations and software programs.
Considerable knowledge of standard materials, equipment and safe work practices related
to public works operations.
Working knowledge of utility maintenance and/or construction activities.
Ability to understand electrical designs, schematics, and drawings.
Knowledge of OSHA rules and regulations.
Knowledge of the “Right to Know –Safety Material Data Information”.
CERTIFICATES, LICENSES, REGISTRATIONS
Valid Minnesota Commercial Driver’sLicense with Tanker Endorsement, or eligibility to
be licensed.
Valid Minnesota Class SC Wastewater License
Valid Minnesota Class C Water License
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to stand; walk; use
hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; stoop,
kneel, twist, turn, crouch, and stretch. The employee is occasionally required to sit; climb and
maintain balance and talk and hear; and taste or smell.
Light Equipment Operator-Utilities
Page 4
The employee must regularly lift and/or move up to 25 pounds, frequently lift and/or move up to
50 pounds and occasionally lift and/or move more than 100 pounds. Specific vision abilities
required by this job include close vision, distance vision, peripheral vision, depth perception, and
the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee frequently works near moving mechanical
parts and in outside weather conditions, including inclement weather conditions. The employee
is frequently required to work in wet, humid conditions. The employee is occasionally exposed
to fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock and vibration.
The noise level in the work environment is usually moderate to loud.
# 9A
MEETING TYPE
City of Shorewood Council Meeting Item REGULAR
Title / Subject: Franchise Ordinance and Franchise Fee Ordinance
Meeting Date: June 25, 2018
Prepared by: Greg Lerud, City Administrator
Reviewed by: Tim Keane, City Attorney
Attachments: Ordinance No. 559 Establishing an Electric Franchise, Ordinance No. 560 Establishing a
Franchise fee, Resolution approving summary publication of Ordinance
Policy Consideration: Should the City Council approve a Franchise Agreement and Fee with Xcel
Energy (Northern States Power)?
Background: The council discussed establishing electric and natural gas franchises agreements since
early 2017. It has been the consensus of the council that franchise fees be established as a revenue
source to fund street and storm sewer repairs and improvements. The natural gas franchise with
CenterPoint Energy was approved late last year, and staff has now completed negotiations with Xcel
Energy for the electric franchise as attached to this memo.
Financial or Budget Considerations: Staff has examined several factors in arriving at a proposed fee
amount, including; street improvement needs, potential debt service schedule, fees in relation to other
community franchise fee charges, and dividing up the needed revenue between natural gas and electric
franchises. There are approximately 2,866 electric accounts in the city. Approximately ninety -seven
percent of the accounts are residential. The proposed ordinance includes the following monthly rate
schedule:
Residential $ 4.00
Small C & I Non - Demand $ 8.00
Small C & I Demand $10.00
Large C & 1 $25.00
Options: The council can adopt the ordinance as presented. If the council wishes to make any changes
to the Franchise ordinance, or the language to the Franchise Fee Ordinance, those changes will be
shared with Xcel Energy prior to going into effect.
Recommendation / Action Requested: Staff respectfully requests that the council make and approve
three motions:
1. Motion to approve Ordinance No. 559, as presented, Establishing an electric franchise
agreement. Simple majority is required for approval.
2. Motion to approve Ordinance No. 560, as presented, Establishing a franchise fee. Simple
majority is required for approval.
3. Motion to adopt Resolution providing for publication of summary ordinance for Ordinance 559
and the text of the summary pursuant to MN Statute 331A.01 which would clearly inform the
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
public of the intent and effect of the ordinances. Four - fifths vote is required for passage of this
Resolution.
Next Steps and Timeline: Staff will work with Xcel Energy on implementation, which includes going
through the MN Public Utilities Commission process for approval.
CITY OF SHOREWOOD
HENNEPIN COUNTY, MINNESOTA
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE 559
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF SHOREWOOD,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION
LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY,
ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND
PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, HENNEPIN COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Shorewood, County of Hennepin, State of Minnesota.
1.2 City Utility System. Facilities used for providing non - energy related public utility
service owned or operated by City or agency thereof, including sanitary sewer, storm sewer and
water service, but excluding facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the
authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, its
successors and assigns.
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys,
anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the
purpose of providing electric energy for public use.
1.6 Notice. A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel,
414 Nicollet Mall, 401 -8, Minneapolis, MN 55401. Notice to the City shall be mailed to the City
Administrator, City Hall, 5755 County Club Road, Shorewood, MN 55331. Either party may
change its respective address for the purpose of this Ordinance by written notice to the other party.
1.7 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
1.8 Public Way. The area on, over or below any street, alley, walkway, bikeway, public
utility easement or other public right -of -way within the City in which the City has an interest.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the right to transmit and furnish electric energy for light,
heat, power and other purposes for public and private use within and through the limits of the City
as its boundaries now exist or as they may be extended in the future. For these purposes, Company
may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the
Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company
may do all reasonable things necessary or customary to accomplish these purposes, subject,
however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and
to the further provisions of this franchise agreement.
2.2 Effective Date. Written Acceptance. This franchise agreement shall be in force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication as
required by law. The City, by Council resolution, may revoke this franchise agreement if Company
does not file a written acceptance with the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by
Company for electric service in City are subject to the jurisdiction of the Commission. The area
within the City in which Company may provide electric service is subject to the provisions of
Minnesota Statutes, Section 21613.40.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City.
2.5 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
for breach of contract, or either party may take any other action permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and
maintained so as not to interfere with the safety and convenience of ordinary travel along and over
Public Ways and so as not to disrupt normal operation of any City Utility System therein. Electric
Facilities shall be located on Public Grounds as determined by the City. Company's construction,
reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to
permits if required by separate ordinance and to other reasonable regulations of the City to the
extent not inconsistent with the terms of this franchise agreement. Company may abandon
underground Electric Facilities in place, provided at the City's request, Company will remove
abandoned metal or concrete encased conduit interfering with a City improvement project, but
only to the extent such conduit is uncovered by excavation as part of the City improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Electric
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on
Company shall not be more burdensome than those imposed on other utilities for similar facilities
or work. Company may, however, open and disturb any Public Ground or Public Way without
permission from the City where an emergency exists requiring the immediate repair of Electric
Facilities. In such event Company shall notify the City by telephone to the office designated by
the City as soon as practicable. Not later than the second working day thereafter, Company shall
obtain any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public
Ground or Public Way, Company shall restore the same, including paving and its foundation, to as
good a condition as formerly existed, and shall maintain any paved surface in good condition for
two years thereafter. The work shall be completed as promptly as weather permits, and if Company
shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material,
and put the Public Ground or Public Way in the said condition, the City shall have, after demand to
Company to cure and the passage of a reasonable period of time following the demand, but not to
exceed five days, the right to make the restoration at the expense of Company. Company shall pay
to the City the cost of such work done for or performed by the City. This remedy shall be in addition
to any other remedy available to the City for noncompliance with this Section 3.4, but the City
hereby waives any requirement for Company to post a construction performance bond, certificate
of insurance, letter of credit or any other form of security or assurance that may be required, under
a separate existing or future ordinance of the City, of a person or entity obtaining the City's
permission to install, replace or maintain facilities in a Public Way.
3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Electric
Facilities while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans
for improvements to Public Grounds or Public Ways where the City has reason to believe that
Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the
nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which
the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City
will start the work, and (v) if more than one Public Ground or Public Way is involved, the order
in which the work is to proceed. The notice must be given to Company a sufficient length of time
in advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Electric Facilities.
3.7 Shared Use of Poles. Company shall make space available on its poles or towers
for City fire service, water utility, police or other City facilities upon terms and conditions
acceptable to Company whenever such use will not interfere with the use of such poles or towers
by Company, by another electric utility, by a telephone utility, or by any cable television company
or other form of communication company. In addition, the City shall pay for any added cost
incurred by Company because of such use by City.
SECTION 4. RELOCATIONS.
4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a
Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line
of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may
order Company to relocate its Electric Facilities located therein if relocation is reasonably
necessary to accomplish the City's proposed public improvement. Except as provided in
Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give
Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade,
or change the line of any Public Way or to construct or reconstruct any City Utility System. If a
relocation is ordered within five years of a prior relocation of the same Electric Facilities, which
was made at Company expense, the City shall reimburse Company for non - betterment costs on a
time and material basis, provided that if a subsequent relocation is required because of the
extension of a City Utility System to a previously unserved area, Company may be required to
make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to
relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such
relocation, removal, replacement or reconstruction is solely for the convenience of the City and is
not reasonably necessary for the construction or reconstruction of a Public Way or City Utility
System or other City improvement.
4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at
Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a
finding by City that the Electric Facilities have become or will become a substantial impairment
to the existing or proposed public use of the Public Ground.
4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any
Company Electric Facilities made necessary because of the extension into or through City of a
federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section
161.46, as supplemented or amended. It is understood that the right herein granted to Company is
a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a
Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which
is financially subsidized in whole or in part by the Federal Government or any agency thereof,
unless the reasonable non - betterment costs of such relocation and the loss and expense resulting
therefrom are first paid to Company, but the City need not pay those portions of such for which
reimbursement to it is not available.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right -of -way acquired by easement or
prescriptive right before the applicable Public Ground or Public Way was established, or
Company's rights under state or county permit.
SECTION 5. TREE TRIMMING.
Company may trim trees and shrubs in the Public Ways and Public Grounds of City to
the extent Company finds necessary to avoid interference with the proper construction, operation,
repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall
save the City harmless from any liability arising therefrom, and subject to permit or other
reasonable regulation by the City.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall
not be indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection
of, Company's plans or work. The City shall not be indemnified if the injury or damage results
from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and
such performance is nevertheless ordered or directed by City after notice of Company's
determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend,
it will thereafter have control of such litigation, but Company may not settle such litigation without
the consent of the City, which consent shall not be unreasonably withheld. This section is not, as
to third parties, a waiver of any defense or immunity otherwise available to the City and Company,
in defending any action on behalf of the City, shall be entitled to assert in any action every defense
or immunity that the City could assert in its own behalf. This franchise agreement shall not be
interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on
liability under Minnesota Statutes Chapter 466.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed
vacation of a Public Way. Except where required for a City improvement project, the vacation
of any Public Way, after the installation of Electric Facilities, shall not operate to deprive
Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost
of relocating the same and the loss and expense resulting from such relocation are first paid to
Company. In no case, however, shall City be liable to Company for failure to specifically
preserve a right -of -way under Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any
permit or other fees being imposed on Company, the City may impose on Company a franchise
fee not to exceed five percent (5 %) of the Company's Gross Revenues, as hereinafter defined, by
collecting the amounts calculated on a flat fee basis as indicated in a Fee Schedule set forth in a
separate ordinance from each customer in the designated Company Customer Class. The parties
have agreed that the franchise fee collected by the Company and paid to the City in accordance
with this Section 9 shall not exceed the following amounts.
Class Fee Per Premise Per Month
Residential
$ 4.00
Small C & I — Non - Demand
$ 8.00
Small C & I — Demand
$10.00
Large C & I
$25.00
9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance
duly adopted by the City Council at the time this franchise ordinance is adopted. The fee shall not
become effective until the beginning of a Company billing month at least 90 days after written
notice enclosing such adopted ordinances have been served upon Company by certified mail.
Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City
in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City
to implement a separate ordinance will commence until this Ordinance is effective. A separate
ordinance which imposes a lesser franchise fee on the residential class of customers than the
maximum amount set forth in Section 9.1 above shall not be effective against Company unless the
fee imposed on each other customer classification is reduced proportionately in the same or greater
amount per class as the reduction represented by the lesser fee on the residential class.
9.3 Terms Defined. For the purpose of this Section 9, the following definitions
apply:
9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as
defined or determined in Company's electric tariffs on file with the Commission.
9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate ordinance were
implemented immediately after the effective date of this franchise agreement. The Fee Schedule
in the separate ordinance may include new Customer Class added by Company to its electric tariffs
after the effective date of this franchise agreement.
9.3.3 "Gross Revenue" means all sums, excluding any surcharge or similar addition
to the Company's charges to customers for the purpose of reimbursing the Company for the cost
resulting from the franchise fee, received by the Company from the sale of electricity to its retail
customers within the corporate limits of the City.
9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be
based on the amount collected by Company during the period for which payment is to be made by
imposing a surcharge equal to the designated franchise fee beginning on the agreed effective date
for the applicable customer classification in all customer billings for electric service in each class.
The payment shall be due the last business day of the month following the period for which the
payment is made. The franchise fee may be changed by ordinance from time to time; however, each
change shall meet the same notice requirements and not occur more often than annually and no
change shall require a collection from any customer for electric service in excess of the amounts
specifically permitted by this Section 9. The time and manner of collecting the franchise fee may
be subject to the approval of the Commission. No franchise fee shall be payable by Company if
Company is legally unable to first collect an amount equal to the franchise fee from its customers
in each applicable class of customers by imposing a surcharge in Company's applicable rates for
electric service. Company may pay the City the fee based upon the surcharge billed subject to
subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings.
Company agrees to make its records available for inspection by the City at reasonable times
provided that the City and its designated representative agree in writing not to disclose any
information which would indicate the amount paid by any identifiable customer or customers or
any other information regarding identified customers.
9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall
not be effective against Company unless it lawfully imposes and the City quarterly or more often
collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy
within the City by any other energy supplier, provided that, as to such a supplier, the City has the
authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount"
shall be measured, if practicable, by comparing amounts collected as a franchise fee from each
similar customer, or by comparing, as to similar customers the percentage of the annual bill
represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be
applicable to energy sales for any energy use related to heating, cooling or lighting, or to run
machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for
vehicles. If the Company specifically consents in writing to a franchise or separate ordinance
collecting or failing to collect a fee from another energy supplier in contravention of this Section
9.5, the foregoing conditions will be waived to the extent of such written consent.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision, or part. Where a provision of any other City
ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall
prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties, and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms hereof,
or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that
the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company's
written consent thereto with the City Clerk within 90 days after the date of final passage by the
City of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes any previous electric franchise granted to Company or its
predecessor.
Passed this day of June, 2018.
ATTEST:
Sandie Thone, City Clerk Scott Zerby, Mayor
CITY OF SHOREWOOD
HENNEPIN COUNTY, MINNESOTA
ELECTRIC FRANCHISE FEE ORDINANCE
ORDINANCE 560
AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE
CITY OF SHOREWOOD
THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN:
SECTION 1. The City of SHOREWOOD Municipal Code is hereby amended to include
reference to the following Special Ordinance.
Subdivision 1. Purpose. The Shorewood City Council has determined that it is in the best
interest of the City to impose a franchise fee on those public utility companies that provide electric
services within the City of Shorewood.
(a) Pursuant to City Ordinance No. , a Franchise Agreement between
the City of Shorewood and Northern States Power Company, a Minnesota corporation, its
successors and assigns, the City has the right to impose a franchise fee on Northern States
Power Company, a Minnesota corporation, its successors and assigns, in an amount and
fee design as set forth in Section 9.1 of the Northern States Power Company Franchise and
in the fee schedule attached hereto as Schedule A.
Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern
States Power Company, a Minnesota Corporation, its successors and assigns, under its electric
franchise in accordance with the schedule attached here to and made a part of this Ordinance,
commencing with the NSPM
billing month.
This fee is an account -based fee on each premise and not a meter -based fee. In the event that an
entity covered by this ordinance has more than one meter at a single premise, but only one account,
only one fee shall be assessed to that account. If a premise has two or more meters being billed at
different rates, the Company may have an account for each rate classification, which will result in
more than one franchise fee assessment for electric service to that premise. If the Company
combines the rate classifications into a single account, the franchise fee assessed to the account
will be the largest franchise fee applicable to a single rate classification for energy delivered to
that premise. In the event any entities covered by this ordinance have more than one premise, each
premise (address) shall be subject to the appropriate fee. In the event a question arises as to the
proper fee amount for any premise, the Company's manner of billing for energy used at all similar
premises in the city will control.
Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance
with the terms set forth in Section 9.4 of the Franchise.
Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission may allow Company to add a surcharge to customer rates to reimburse such Company
for the cost of the fee.
Subdivision 5. Enforcement. Any dispute, including enforcement of a default regarding
this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
Subdivision 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall
be after its publication and ninety (90) days after the sending of written notice enclosing a copy of
this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as
provided above.
Passed this day of June, 2018.
ATTEST
Sandie Thone, City Clerk
2
Mayor Scott Zerby
SCHEDULE A
Franchise Fee Rates:
Electric Utility
The franchise fee shall be in an amount determined by applying the following schedule per
customer premise /per month based on metered service to retail customers within the City:
Class Amount Per Month
Residential $ 4.00
Small C & I Non - Demand $ 8.00
Small C & I Demand $10.00
Large C & I $25.00
Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City
on a quarterly basis as follows:
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.
CITY OF SHOREWOOD
RESOLUTION NO. 18 -068
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. 559 BY TITLE ANDSUMMARY
WHEREAS,
at a duly called meeting on June 25, 2018, the City Council of the City of
Shorewood adopted Ordinance No. 559 entitled “AN ORDINANCE GRANTING TO
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND
MAINTAIN IN THE CITY OF SHOREWOOD, MINNESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY
POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF
ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE
THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES”
and,
WHEREAS
, The purpose of this summary is to inform the public of the intent and effect
of the ordinance and to publish only a summary of the ordinance with the full ordinance being on
file in the office of the City Clerk during regular office hours;
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHOREWOOD:
1. The City Council finds that the above title and summary of Ordinance No. 559 clearly
informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 559 by title and summary, pursuant
to Minnesota Statutes, Section 412.191, subdivision 4. Such summary is to be
substantially the same as the attached form.
3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website.
th
ADOPTED
by the Shorewood City Council on this 25 day of June, 2018.
ATTEST: Scott Zerby, Mayor
________________________________
Sandie Thone, City Clerk
(Official Publication)
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE 559 (SUMMARY PUBLICATION)
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF
SHOREWOOD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE
CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS
AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
Section 1. Definitions
Section 2. Adoption of Franchise
Section 3. Location, Other Regulations
Section 4. Relocations
Section 5. Tree Trimming
Section 6. Indemnification
Section 7. Vacation of Public Ways
Section 8. Change in Form of Government
Section 9. Franchise Fee
Section 10. Provisions of Ordinance
Section 11. Amendment Procedure
Section 12. Previous Franchises Superseded
Ordinance becomes effective upon publication. The ordinance in its entirety is available for review in the
Ordinance 559 and Summary PublicationAdopted by the Shorewood City
City Clerk’s office.
Council on June 25, 2018.
s/s Sandie Thone, City Clerk
MEETING TYPE
CITY OF
10A.1
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
Date:
June 19, 2018
To:
Mayor and City Council Members
Cc: Sandie Thone; Greg Lerud
From:
Julie Moore, Communications and Recycling Coordinator
Re:
SeeClickFix six month report
_____________________________________________________________________________________
To keep the City Council informed of issues reported through the SeeClickFix system, staff will be reporting each six
months on SeeClickFix usage and how issues were handled.
The initial report shows a 50 percent increase in reports through SeeClickFix compared to the same time period in
2017. As you will notice, the days to closing averages quite large. For the most part this was due to a
misunderstanding by staff that they needed to go back and close the issue once it was completed. That issue has
been corrected so moving forward the big numbers in that category should decrease significantly.
The number to take note of is the “Days to Acknowledge.” City staff has improved the days to acknowledge
considerably, from 12.2 days in 2017 to only 1.5 days in 2018. This is the category where staff explains the process
to be used to remedy the issue.
We continue to evaluate how we acknowledge and close various issues. Staff recently decided to close issues such
as potholes and snow plow damage, where a list is compiled by public works staff. An explanation of this process is
included in the acknowledgement to residents. It was determined that these issues are not necessarily remedied in
the same immediate fashion that other issues might be remedied; therefore, once acknowledged, these items show
as closed. We have also evaluated the wording of replies and have made adjustments as determined necessary to
create a better understanding for the reporter. Staff will continue to evaluate responses to make sure they are as
effective as possible.
Overall, most reports continue to be for public works related issues, followed by planning. Residents seem to be
responsive and like the ability to get a report on how the issue is handled.
#10A.2
MEETING TYPE
City of Shorewood Council Meeting Item Regular
Title / Subject: May 2018 General Fund Monthly Budget Report
Meeting Date: June 25, 2018
Prepared by: Joe Rigdon, Interim Finance Director
Reviewed by: Greg Lerud, City Administrator
Attachments: May 2018 Budget Spreadsheet
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 May
31, 2018. Comparisons between year -to -date amounts through May for revenues and expenditures are
included to assist in gauging fund performance.
General Fund
Revenues:
• Property tax revenues for the General Fund were $0 through May 2018. The first half
property taxes will be received in June and July 2018, and the second half property taxes
will be received in December 2018.
• Licenses and permits amounted to 60.6% of budget, or $148,465 through May of 2018.
The majority of the revenue consisted of building permits and plan check fees. As a
comparison, licenses and permits revenues through May of 2017 were $112,197.
• Intergovernmental revenues were $48,537 through 05/31/18, increasing from $43,434
recorded in the prior year comparable period. The change was due to an increase in
Municipal State Aid (MSA).
• Fines and forfeitures of $25,052 were recorded through 05/31/18 (41.8% of budget), as
compared to $22,020 through 05/31/17.
• Miscellaneous revenues totaled $130,358 through 05/31/18. Antenna rent is the largest
component, and amounted to $112,178 through May 31, 2018. No investment interest
earnings are typically allocated to the General Fund until the fourth quarter.
• Budgeted 2018 transfers in from utility funds of $25,000 were recorded in January 2018.
These include $12,500 from the Water fund, and $12,500 from the Sewer fund.
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
• Total General Fund revenues (excluding transfers in) amounted to $381,954, or 6.3% of
budget through 05/31/18. Revenues through May for 2018 were $44,468 higher than
prior year revenues through May 2017.
Expenditures:
• General government expenditures through May 2018 were $624,166 (45.8% of budget),
or 2.0% lower than the comparable prior period.
• Council expenditures were lower through May in 2018, due to a $7,500 payment
timing difference for a 4t" of July donation (paid in April 2017 versus June 2018).
• Administration costs were at 42.1% of budget through May 2018 and were 3.5%
lower than the prior year.
• Finance department expenditures were at 41.5% of budget through May 2018.
• The Professional Services department expenditures were at 51.2% of budget, due
to the inclusion of 50% of County assessor fees in January 2018.
• Planning expenditures were at 54.7% of budget, including approximately $22,000
of comprehensive plan costs. Expenditures were significantly lower through May
2018, as compared to May 2017, largely attributable to 2017 employee
separation payments.
• Municipal building expenditures were at 52.3% of budget, due to inclusion of
annual insurance costs recorded early in 2018.
• Public safety expenditures were $1,119,130 through 05/31/18 (50.4% of budget),
increasing 4.2% from $1,074,391 through 05/31/17.
o Police expenditures were at 50.1% of budget through May 2018, and were 4.2%
higher than expenditures through 05/31/17.
o Fire expenditures through 05/31/18 were 3.5% higher than expenditures through
05/31/17.
o Protective inspections were at 46.1% of budget through May 2018.
• Public works expenditures totaled $377,754 through 05/31/18 (30.9% of budget),
increasing from $256,885 through 05/31/17.
o General public works operating costs were higher through May 2018, but were at
just 26.3% of budget.
o Ice and snow removal expenditures were $90,577 (79.5% of budget) through May
2018, as compared to $27,564 through May 2017.
• Parks and recreation expenditures amounted to $100,571 through May 2018, increasing
$4,619 from the comparable prior period.
• Budgeted transfers out to other funds were $1,163,895 through May 2018, as compared
to $1,104,913 through May 2017. 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 7.6% increase in expenditures (not including
transfers out) from $2,064,238 through 05/31/17, as compared to $2,221,621 through
05/31/18.
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 June 2018 will be prepared and distributed in July 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 May 31, 2018
% Collected/ One Year
Description Budget Period Amt YTD Budget % Expended Prior Actual
General Fund Revenues
Taxes
Licenses & Permits
Intergovernmental
Charges for Service
Fines & Forfeits
Miscellaneous 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
Administration
Personal Services
Supplies
Other Services and Charges
Administration
Elections
Personal Services
Supplies
Other Services and Charges
Elections
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
5,369,245
0
2,237,185
0.0%
0
245,155
148,465
102,148
60.6%
112,197
91,250
48,537
38,021
53.2%
43,434
53,885
29,542
22,452
54.8%
33,214
60,000
25,052
25,000
41.8%
22,020
215,000
130,358
89,583
60.6%
126,621
6,034,535 381,954 2,514,390 6.3% 337,486
25,000 25,000 10,417 100.0% 25,000
6,059,535 406,954 2,524,806 6.7% 362,486
22,600 9,240 9,417 40.9% 9,240
2,000 289 833 14.5% 757
59,500 19,502 24,792 32.8% 27,071
84,100 29,031 35,042 34.5% 37,068
382,474 159,093 159,364 41.6% 166,011
21,000 5,460 8,750 26.0% 9,659
43,550 23,463 18,146 53.9% 19,143
447,024 188,016 186,260 42.1% 194,813
14,700 0 6,125 0.0%
4,100 0 1,708 0.0%
21,975 0 9,156 0.0% 0
62,983 29,750 26,243 47.2% 63,982
15,600 7,849 6,500 50.3% 7,362
93,900 33,921 39,125 36.1% 9,303
172,483 71,520 71,868 41.5% 80,647
240,000 122,826 100,000 51.2% 94,425
240,000 122,826 100,000 51.2% 94,425
177,511 80,470 73,963 45.3% 115,785
450 538 188 119.6% 419
12,400 23,208 5,167 187.2% 11,581
190,361 104,216 79,317 54.7% 127,785
General Fund
Revenues and Expenditures vs Budget
Through May 31, 2018
Fire Protection
% Collected/
One Year
Description
Budget
Period Amt
YTD Budget
% Expended
Prior Actual
Capital Outlay
271.955
135.977
113.315
50.0%
128.324
Municipal Buildings
625,953
325,962
260,814
52.1%
314,794
Supplies
22,000
3,174
9,167
14.4%
2,755
Other Services and Charges
185.600
105.383
77.333
56.8%
99.517
Municipal Buildings
207,600
108,557
86,500
52.3%
102,272
0
0
N/A
0
Total General Government
1,363,543
624,166
568,143
45.8%
637,010
Protective Inspections
144,263
66,450
60,110
Public Safety
62,168
Police Protection
2,220,146
1,119,130
925,061
50.4%
1,074,391
Supplies
0
0
0
N/A
0
Other Services and Charges
1,237,133
620,319
515,472
50.1%
590,525
Capital Outlay
212.797
106.399
88.665
50.0%
106.904
Police Protection
1.449.930
726.718
604.138
50.1%
697.429
Fire Protection
Other Services and Charges
353,998
189,985
147,499
53.7%
186,470
Capital Outlay
271.955
135.977
113.315
50.0%
128.324
Fire Protection
625,953
325,962
260,814
52.1%
314,794
Park Maintenance
196,932
76,835
82,055
Protective Inspections
69,535
Personal Services
127,813
58,424
53,255
45.7%
55,927
Supplies
0
0
0
N/A
0
Other Services and Charges
16.450
8.026
6.854
48.8%
6.241
Protective Inspections
144,263
66,450
60,110
46.1%
62,168
Total Public Safety
2,220,146
1,119,130
925,061
50.4%
1,074,391
City Engineer
Other Services and Charges
89.500
18.696
37.292
20.9%
17.988
City Engineer
89,500
18,696
37,292
20.9%
17,988
Public Works Service
Personal Services
622,997
169,703
259,582
27.2%
138,640
Supplies
156,500
53,600
65,208
34.2%
24,652
Other Services and Charges
240.300
45.178
100.125
18.8%
48.041
Public Works Service
1.019.797
268.481
424.915
26.3%
211.333
Ice & Snow Removal
Personal Services 73,930 60,211 30,804 81.4% 13,852
Supplies 40.000 30.366 16.667 75.9% 13.712
Ice & Snow Removal 113.930 90.577 47.471 79.5% 27.564
Total Public Works 1,223,227 377,754 509,678 30.9% 256,885
Parks and Recreation
Park Maintenance
Personal Services
128,432
65,112
53,513
50.7%
54,720
Supplies
23,500
626
9,792
2.7%
5,317
Other Services and Charges
45.000
11.097
18.750
24.7%
9.498
Park Maintenance
196,932
76,835
82,055
39.0%
69,535
General Fund
Revenues and Expenditures vs Budget
Through May 31, 2018
% Collected/ One Year
Description Budget Period Amt YTD Budget % Expended Prior Actual
Recreation
Personal Services
Supplies
Other Services and Charges
Recreation
Total Parks and Recreation
Total General Fund Expenditures
Other Financing Uses
Transfers Out - Southshore Center - Building
Transfers Out - Southshore Center - Operations
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
44,289 15,131 18,454 34.2% 17,274
7,700 2,361 3,208 30.7% 2,517
13,900 6,244 5,792 44.9% 6,626
65,889 23,736 27,454 36.0% 26,417
262,821 100,571 109,509 38.3% 95,952
5,069,737 2,221,621 2,112,390 43.8% 2,064,238
38,000
38,000
15,833
100.0%
0
70,000
70,000
29,167
100.0%
95,000
93,895
93,895
39,123
100.0%
102,913
135,000
135,000
56,250
100.0%
120,000
785,000
785,000
327,083
100.0%
1,245,000
42,000
42,000
17,500
100.0%
242,000
1,163,895
1,163,895
484,956
100.0%
1,804,913
6,233,632 3,385,516 2,597,347 54.3% 3,869,151
General Fund, Net (174,097) (2,978,562) (72,540) 1710.9% (3,506,665)
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