10-09-18 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
TUESDAY, OCTOBER 9, 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 September 24, 2018 Minutes
B. City Council Work Session Minutes of September 24, 2018 Minutes
C. Approval of the Verified Claims List Claims List
D. Approval of Probationary Appointment - Utility Operator Public Works Director Memo
E. Approve Request for Administrative Inspection Warrant City Administrator Memo
for 5815 Club Lane Resolution 18-100
F. Accept Hennepin County Recycling Container Grant Recycling Coordinator Memo
Resolution 18-101
G. Approval of Tobacco Retailer Licenses Clerk Memo
Resolution 18-102
3. MATTERS FROM THE FLOOR
(No Council Action will be taken)
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
6. PARKS
A. Buckthorn Removal by Goat Planning Director Memo
7. PLANNING
CITY COUNCIL REGULAR MEETING AGENDA – OCTOBER 9, 2018
Page 2
A. Report by Commissioner Riedel on the 09-18-2018 Planning Commission Meeting Draft Minutes
B. Variance to Setback for 21055 Forest Drive Planning Director Memo
Resolution 18-103
8. ENGINEERING/PUBLIC WORKS
A. Approval of Change Order No. 1 for Boulder Bridge Exterior Project Public Works Director Memo
Resolution 18-104
9. GENERAL/NEW BUSINESS
A. Shorewood Community and Event Center Signage City Administrator Memo
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1.
2.
C. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, SEPTEMBER 24, 2018 5:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Zerby called the meeting to order at 5:30 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Labadie, and Sundberg (arrived at 5:32); City
Administrator Lerud; Finance Director Rigdon; Planning Director Darling; Director of
Public Works Brown; and, City Engineer Fauske
Absent: Councilmember Siakel
B. Review Agenda
Johnson moved, Labadie seconded, approving the agenda as presented. Motion passed 3/0.
2. SOLID WASTE COLLECTION
City Administrator Lerud gave an overview of the process that began in May for investigating the
possibility of organized solid waste collection in the City. He stated that staff is proposing that the
community be surveyed by an independent outside firm and holding an open house session at a future work
session to present the results. He stated that he had spoken to one firm who stated the approximate cost for
the survey would be $7,000 and noted that there is enough money in the Recycling Fund to cover the cost.
Councilmember Johnson asked how the survey can capture information related to service because that is
the number one issue he heard raised from residents.
City Administrator Lerud stated that he assumes the company hired to conduct the survey will give the
questions to the Council to review and sign off on before it is sent out.
Councilmember Labadie asked if the City went ahead with the survey whether the rates that each garbage
hauler is currently charging could be disclosed as part of the survey information. She stated that she thinks
this would be valuable information for the residents. She stated that a common issue that was raised to her
by residents was people that had special needs, for example, and had difficulty getting the can to the curb,
and their hauler accommodated them by coming up the garage and getting he can themselves. She asked
whether all the haulers will accommodate that type of issue.
City Administrator Lerud noted that the City of Bloomington just recently organized solid waste collection
in their city and they have an opt-in service that if you have special circumstances the haulers will pick up
the garbage at the garage and not the curb. He stated that this service is being required of all the haulers
that service the City.
Councilmember Johnson stated that two other issues that need to be included is the possibility for organic
material recycling and weekly recycling pick up.
CITY OF SHOREWOOD COUNCIL WORK SESSION MEETING MINUTES
SEPTEMBER 24, 2018
Page 2 of 4
Councilmember Sundberg stated that she wants to make sure the citizens understand that there is no decision
that has been made.
Councilmember Labadie fully supports hiring an independent company to conduct the survey.
Mayor Zerby noted that the City is providing recycling services and would like to gather information on
how effective that has been. He stated that perhaps the survey should include questions about the two times
a year pick up event at Public Works and the possible option for that to become a curb side collection event.
Councilmember Johnson stated that another question option may be whether any neighborhoods were
interested in organizing their own organized collection. He stated that he believes Chaska and Chanhassen
have both had something similar for residents.
There was a consensus to give direction to staff to pursue the option of an outside firm conducting a
survey regarding organized solid waste collection.
Clint Bucher, 5490 Manitou Lane, stated that it is important for the residents to have a voice in the process.
He stated that he does not think a survey constitutes a vote by the residents and feels that this is something
that should be voted on as a referendum. He read aloud a headline from the June 21, 2018 Minneapolis
Star-Tribune newspaper. Lerud said that Bloomington is a charter city and that is different than Shorewood.
He said statutory cities are not permitted to hold advisory elections. But he said he would research the issue
and include it in his council memo.
3. GRANT STREET DRAINAGE
Carol Allmendinger 5915 Grant Street, noted that the other individual is on the phone and would like to be
part of the discussion, but is on the road for work. She called Nate Onken 5925 Grant Street, and put him
on speaker for the meeting.
City Engineer Fauske noted that there was a memo in the packet that gave an overview of the process that
the City has gone through thus far in regard to Grant Street drainage. She noted that there is a clarification
that the damage sustained was during the summer of 2017. She introduced Bill Alms who is with the Water
Resources Division at WSB who has been working on the feasibility study.
Mr. Alms reviewed the feasibility study information and the water flow analysis. He noted that there is a
crown on Park Street that serves as a berm for the overland route. He noted that they are assuming the
storm event in August of 2017 was a ten to twenty-five-year rainfall event.
Councilmember Sundberg stated that she is getting more and more uneasy about “x” number of year events
because the weather trends appear to be breaking all the rules. She asked if that was factored into the
equation. Mr. Alms explained that the information used in this modeling was updated in 2014 and is the
most current information available.
Ms. Almendinger stated that she had showed the Council pictures in April of what had happened at the
August 2017 event and asked what Mr. Alms would say the rainfall event from last Thursday would be
called because their yards once again flooded. She asked if that would be considered a five-year event or
some other name.
CITY OF SHOREWOOD COUNCIL WORK SESSION MEETING MINUTES
SEPTEMBER 24, 2018
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Mr. Alms stated that they can look at the rainfall gauges for that event. He noted that a four and three-
tenths inch rainfall within 24 hours is considered a ten-year rain event and closer to five inches is a twenty-
five-year event. He noted that there is some drain tile near 5925 Grant Street that is also draining into this
system. Ms. Almendinger asked about the size of the drain tile. Mr. Alms stated that it was a 6-inch drain
tile. Mr.Onken (phone) stated that he believes it is a 4-inch drain tile. Mr. Alms stated they can double
check but he is relying on the survey crew that went out and provided the measurements for their analysis.
Ms. Almendinger asked if Mr. Alms had ever gone out to the street when it was raining to see the flow of
water. Mr. Alms stated that one of the project engineers went out and visited the site several times, but he
is not sure that it happened during any significant rain events. Mayor Zerby asked who the engineer was
that was on site.
Ms. Almendinger stated that there is a misconnection across the street and noted that she had e-mailed City
Engineer Fauske about it. She stated that she did not see a stake in that location so she was unsure if Mr.
Alms or his team saw it. Mr. Alms stated that they did received that information and had staff go out and
collect that additional piece of information. He stated that he is happy to provide all the topography data
that went into the report to make sure that nothing has been missed or incorrect.
Mayor Zerby stated that the question that comes to his mind is simply, why is this happening. He stated
that based on information from the residents that it was not happening before and now it is. He asked if it
is because the pipes cannot carry the water fast enough, because the lots are too low, or some other reason.
Mr. Alms stated that the most they can tell is it was two extreme rainfall events. Mayor Zerby reiterated
the question he wants answered is why this is happening and why the water is not moving elsewhere. Mr.
Alms stated that one of the problems is the capacity underneath Park Street is inadequate and noted that the
overland flow route should provide a secondary level of protection.
Ms. Almendinger stated that one of the residents that have water issues have been in their home for twelve
years and this has never happened until August of 2017. She reviewed some of her pictures from the most
recent flooding last week. She stated that the problem is that water has to go uphill in order to drain.
Mr. Onken (Phone) stated that the channel is full of debris, rock and dirt and agrees that the water will need
to flow uphill in order to drain. He stated that a few years ago when the City was flushing the hydrants,
there was a ten foot in diameter and five-foot-deep sink hole at the end of his driveway which is the
equivalent of a full dump truck load of dirt and rock that was washed into the ditch and was never excavated.
He stated that water has to flow uphill as well as over the pile of dirt and debris in the ditch before it gets
anywhere. He stated that he understands the modeling program that Mr. Alms is referring to is a valuable
tool, but it cannot factor in all the junk and debris that is blocking the flow of water trying to get through
there.
Mayor Zerby asked if the City had done a video inspection of the existing system. Mr. Alms stated that he
did not believe so because it was newly constructed storm sewer. Public Works Director Brown confirmed
that the system in place now is a newly constructed system which are not typically televised, but it can be
done if the Council would like. Mayor Zerby stated that thinking the system is new and is effective is not
a super accurate statement at this point because something is obviously not working.
Public Works Director Brown stated that a six-inch tile is never meant to meet a ten-year frequency event
for our storm sewer pipes. He stated that the intent of these pipes was to try to dry up a saturated ditch.
CITY OF SHOREWOOD COUNCIL WORK SESSION MEETING MINUTES
SEPTEMBER 24, 2018
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Mayor Zerby stated that the system seemed to be working for a while and now it isn’t. He asked how the
City knows that the system is not in some way faulty.
Public Works Director Brown stated that the City will televise the system to provide that they system is not
faulty.
Mayor Zerby stated that the solutions presented are rather costly.
Councilmember Sundberg stated that she is also not convinced that the ideas presented are actual solutions
at this point.
Ms. Almendinger stated that she would like to have people come out during an event so they can see the
direction that everything is actually flowing. She noted that the Carlson’s now have a river running through
their lawn that is bypassing the drain in the corner of her property and traveling across the street.
Mr. Onken (phone) stated that before the watermain extension, Park Street did not have a crown, it sloped
to the south. He stated that he thinks this change has added double the volume of water. He stated that he
believes the solutions is just installing two larger pipes and noted that the residents are not asking for a
$700,000 project and purchase of people’s property to resolve this issue.
Mr. Alms stated that he appreciated all the comments and will take this information and provide a more
detailed response. He asked for a few minutes to review the options that they considered.
Councilmember Sundberg stated that the suggestion about replacing pipes with adequate size pipes seems
pretty logical to her.
Councilmember Johnson note that Mr. Onken had mentioned that there is a bunch of dirt and debris in the
ditch and asked if the City had jurisdiction to go in and remove the debris. Public Works Director Brown
stated that he believes the City can go in and remove the material. Mr. Alms gave a brief overview of each
of the three options that were considered: south ponding; north ponding; and lowering the Park Street
profile.
Mayor Zerby reiterated that he feels the City really needs to get to the root of the problem because it does
not sound like there was an issue until the street was reconstructed. He stated that he feels the residents
have a good grasp on the situation and have some really good suggestions and this situation warrants
digging deeper.
4. ADJOURN
Sundberg moved, Johnson seconded, Adjourning the City Council Work Session of September 24,
2018, at 6:56 P.M. Motion passed 4/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 24, 2018 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Labadie, and Sundberg; Attorney Keane; City
Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director
Darling; Director of Public Works Brown; and, City Engineer Fauske
Absent: Councilmember Siakel.
B. Review Agenda
Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 4/0.
2. CONSENT AGENDA
Mayor Zerby 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 Work Session Meeting Minutes of September 10, 2018
B. City Council Regular Meeting Minutes of September 10, 2018
C. Approval of the Verified Claims List
D. Approval of the Shorewood Community and Event Center Attendant
E. Authorize Equipment Purchase for Public Works, Ford F250
F. Approval of Permanent Appointment of Scott Schroeder
G. Approval of Change Order to Extend Completion Date for City Project 17-04,
RESOLUTION NO. 18-094, “ A Resolution Approving Change Order No. 2 for the
Riviera Lane, Shorewood Lane, and Mann Lane Street and Utility Improvements
Project, 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
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
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H. Approval of Resolution Establishing Shorewood Precinct #5, RESOLUTION NO. 18-
095, “A Resolution Establishing a Shorewood Election Precinct and a Combined
Polling Place for Cathcart Park”
I. Accept 2018 Recycling Grant, RESOLUTION 18-096, “A Resolution Accepting 2018
Hennepin County Residential Recycling Grant
Motion passed 4/0.
3. MATTERS FROM THE FLOOR
Kelly Morrison, 4236 Heathcote Road, Deephaven introduced herself and announced she is running for
Minnesota State House District 33B. She stated that she is a physician who has been practicing in
Minnesota for the past 17 years and has lived in Deephaven for nine years. She stated that her theme is a
Healthy Thriving Minnesota which to her means that all Minnesotans get access to quality, affordable
healthcare.
Councilmember Sundberg thanked Dr. Morrison for taking the time to come and speak before the Council.
She stated that the City has a number of issues that overlap with the State level issues and asked how she
would work with the City to address these issues.
Dr. Morrison stated that she plans to be very accessible for the Council and noted that she would like to be
kept informed of the issues that affect the City. In answer to an audience question, she stated that she grew
up in a Republican family but has always been a Democrat.
Councilmember Johnson asked how Minnesota should respond to the new tax reforms that will incentivize
the wealthiest people to leave the State. Dr. Morrison stated that she thinks the State is on the upper edge
of what is sustainable for State income tax.
Mayor Zerby stated that he understands many present tonight are here to let the Council know their opinion
about the Amlee Road/Glen Road street reconstruction project. The entire Council has received a number
of questions from residents about this possible project and have tried to respond to them as best as they
could. He noted that he had worked with staff to put together a commonly asked question and answer sheet
and noted that there are copies available at the front desk and they were also mailed out to residents on
Friday. He reviewed a few of the questions and explained the process the City uses to evaluate and plan
for street reconstruction or sealcoating projects. He stated that this road has been on the twenty-five-year
project list, and the City is still discussing what the project may look like. He noted that no decisions have
been made on the Amlee Road/Glen Road area. He stated that the City does not assess for road projects
and is paid for through property taxes. He explained the thought process behind considering putting in
water hook up lines as part of road projects, but noted that there is only a connection fee when you decided
to hook up. He noted that people are allowed to keep their wells if they want to use them for watering
lawns or even drinking out of, they just cannot be connected with the City water lines. He clarified that
there will be no vote tonight on whether to proceed with the street reconstruction project. He stated that
the Council is considering looking at a communication plan because the City recognizes that they could
have done a better job of working with the residents about this project and what to expect and will
communicate this type if information to residents much sooner than has been done in the past. He reiterated
that there will be no decisions or discussion on Amlee Road or Glen Road street construction project at
tonight’s meeting.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
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Jack Kegel, 5085 St. Alban’s Bay Road, stated that he was here with a number of people to talk about
Manor Park and the condition of the pond. He stated that before the pond was made part of the stormwater
collection system, the pond was a healthy ecosystem and a community asset. He stated that the pond has
deteriorated since the Parkview development went in and is now completely turbid and supports little
aquatic life other than a solid covering of algae. He stated that during warm weather the pond produces a
foul odor. He stated that they feel the pond has to be dredged but then expect it to deteriorate again within
a few years. He stated that the residents in the area would like the City to explore whether anything can be
done to improve the functionality of the Parkview stormwater pond in order to reduce the degradation it
causes to the Manor Park pond. He stated that they held a community meeting about the pond in 2009 and
someone had pointed out that fountain was put into the Parkview stormwater pond. This pond now has no
algae and is an attractive amenity which means the sediment cannot settle there and seems to be winding
up in Manor Park pond. He suggested removing the fountain and allowing the Parkview pond to resume its
intended function may help Manor Pond. He stated that the Manor Park area residents have been waiting
for the City to take action on these concerns for ten years. He stated that they are hoping this will be
included in the Comprehensive Plan.
Planning Director Darling noted that the Council is planning to hold a work session meeting at Manor Pond
on October 9, 2018 from 5:30 p.m. to 6:30 p.m.
Richard Eng, 25170 Glen Road, stated that he would like to talk about the Grant Street improvements that
is costing the City thousands of dollars. He stated that he believes that WSB has failed the City time and
time again. He stated that he would like an independent investigation to be done because this situation
never should have occurred. He stated that he would like this issue to be put on the docket for an October
meeting before the elections in November. He stated that he does not believe due diligence was done and
that someone should be held accountable.
Bob Gagne, 24850 Amlee Road, spoke regarding the Amlee Road and Glen Road project. He stated that
he has lived here since 1961. He stated that all the water that Mr. Eng just touched upon ends up is his
backyard as well as the two yards next to him. He stated that he also believes that Three Rivers Park should
also be involved because there is a culvert under the old railroad tracks that is plugged. He stated that
sometime in the early 70s the City received a grant to put the sewer in and he asked at the time why they
did not just go ahead and put the water in while the streets were dug up, but the City chose not to do it. He
stated that he has paid taxes to the City for 50 year and would like a road that is not full of potholes and
drains correctly. He asked for this to be given time on a work session with the area residents and that the
full Council would be in attendance to hear the whole story.
Councilmember Johnson noted that the land that has the blocked culvert is owned by the railroad authority
and he has been trying to get in touch with them about this issue.
Roger Rodney, 25135 Glen Road, spoke regarding the Amlee Road/Glen Road project and expressed his
concern with the credibility of WSB. He stated that he has pictures and video of the amount of fill that was
brought in and all the trucks that came in that he has shown the City. He stated that hid property has a river
running through it and feels WSB has to answer for that.
George Greenfield, 24715 Yellowstone Trail, stated that a month ago some questions were raised about the
calamity of July 13, 2018. He stated that Mayor Zerby promptly contacted the Chief of Police who
answered two of the three questions. He read aloud from the statement by the Chief that when the case is
made public by the BCA the report will also be available to the public. He stated that the South Lake Police
Department claims they do not have a copy of the report and refuse to provide a copy of the report. He
stated that the BCA and State Representative Cindy Pugh, has not returned calls. He stated that he feels
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
Page 4 of 12
the South Lake Police Department is being obstructive and resistant to providing any information. He asked
the Council to direct the Police Chief to come to the City for a public meeting so residents can question him
about the involvement by the department in the incident.
Mayor Zerby noted that the South Lake Police Department has oversight from the mayors of the four cities
that the department serves and a coordinating committee composed of the city administrators, and not the
Council.
Elizabeth Mann, 2410 Amlee Road, stated that she was here to talk about the Amlee Road/Glen Road
project. She stated that she went on-line and read the minutes and became concerned with what she was
reading. She stated that her main concern is the lack of communication with the residents when the City is
considering a feasibility study that is going to cost over $140,000. She expressed her appreciation to Mayor
Zerby for attempting to reach out to her even though their schedules never connected. She stated that she
received the question and answer letter that was sent out on Friday about 20 minutes before the meeting
which she feels is a big part of the communication problem. She stated that the lack of communication
from the City was very disappointing.
Chet Ritchie, 24995 Glen Road, stated that there are issues on Glen Road with potholes, water and drainage
and gave an example of two cars parking on the sides of the road and a car not being able to drive through
so the police had to be called. He stated that because there are no fire hydrants and the road in some places
it is too narrow and in some places about as wide as an alley, it presents a safety issue. He stated that he
supports something being done to improve the road.
Richard Eng, 25170 Glen Road, stated that two cars can pass on Glen Road because it is 18 feet wide and
noted that widening the road will increase the speed in which drivers travel on the road. He stated that there
is a fire hydrant at the beginning Glen Road and the fire truck has equipment that will enable them to fight
fires there, if needed.
Mayor Zerby suggested moving item 8A earlier in the agenda.
ENGINEERING/PUBLIC WORKS – (moved from later in the agenda)
A. Communication Plan for Capital Improvements
City Engineer Fauske gave a summary of the proposed communication process that would include sending
a letter to residents approximately two years before the proposed project, gathering opinions on watermain
extensions, neighborhood open house, feedback to Council with summary of the open house comments,
hold another neighborhood open house when a draft of the feasibility study is available, and another open
house prior to construction.
Councilmember Labadie stated that she feels this is a much better plan than what is currently in place within
the City. Councilmember Sundberg asked how this communication plan impacts the Amlee Road/Glen
Road neighborhood and how the City moves forward. City Engineer Fauske stated that the first goal is
restoring the trust of the residents. She stated that staff is certainly willing to hold an open house to answer
resident questions. Councilmember Sundberg stated that if the City follows this communication plan that
would put off any decision about Amlee Road/Glen Road for quite some time.
Kipp Knutson, 24820 Glen Road, asked what is considered an adequate time frame for notifying residents.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
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City Engineer Fauske stated the City provides a two-week notice to the resident when there will be a
neighborhood meeting of any sort. She stated that if residents are not able to attend the meetings this would
also give them time to submit their comments via phone or e-mail prior to the meeting.
Mayor Zerby stated that he feels an initial two-year notice is a good idea and feels that it should be repeated
at one year also because there may be turn over in ownership. He asked for feedback from the residents on
the two week’ notice for open houses and if they prefer a postcard notification versus e-mail. The audience
indicated that they prefer postcard notification rather than e-mail.
Clint Bucher, 5490 Manitou Lane, stated that he harkens back to 2007 when this road project was first
brought up there was much heated discussion. He mentioned Laura Turgin a former Councilmember that
was accessible open and listened. He stated that he has gotten the same feeling from Councilmember
Labadie. He stated that back in 2007 a majority of the people did not want it to take 30 feet of their yard
even though they thought the road sounded good and would cost hundreds of thousands of dollars for a
catch basin that really wouldn’t restore the failed foundation. He noted that in the middle of the Council
meeting in 2007, there was a break and people went outside and during the break, the Council tried to take
the vote while the residents were outside. He stated that antics like that do not engender trust. He stated
that he did receive a postcard about the three lots at the end of Glen Road. He stated that same basic people
were there along with the same engineering company and the same things were said, like “we did not know
there were any drainage problems in there”. He stated that the residents there told them that they had
informed the City and had taken pictures to show them. He said this was just a year ago, but he said at the
time, when the City comes through with the story again, the people in the room will remember it. He stated
that he did not receive a post card when the current homes were built at the end of Glen Road. He stated
that the City approved them without any additional public input or meeting. He stated that it feels a bit like
a used car salesman from the City, “Trust us. Buy a used car from us. We are good guys”. He stated that
he would like to trust the City, but asked the City not to tell him to trust them, but to show him he could
trust the City.
Zerby moved, Sundberg seconded, to Approve the Communications Plan for Capital Improvements.
Motion passed 4/0.
Mayor Zerby stated that the City will stay in communication regarding these projects. He encouraged
residents to also contact the Councilmembers if they had any questions or additional comments.
Councilmember Johnson noted that someone was giving out an incorrect work number for him, so he asked
that they not use that number. He stated that his correct number is available through City Hall.
Elizabeth Mann, 24710 Amlee Road, asked if the Amlee Road/Glen Road project was on stage one, two,
or three of the new communications plan.
City Administrator Lerud stated that he would say this project is between numbers one and two. He noted
that the City will be sending out a more descriptive explanation of the project as well as a survey.
4. PUBLIC HEARING
A. 7:00 PM Public Hearing to Vacate Portion of Woodside Road Right-of-Way
Applicant: Michael Giebenhain
Location: 28110 Woodside Road
Planning Director Darling noted that the sixty-six feet of right-of-way was originally acquired in 1883 as
part of the Scotts Subdivision and the home on the property was constructed in 1910. She noted that a
portion of the home and porch was constructed within the right-of-way which has created a cloud on the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
Page 6 of 12
title. The property owner is asking for the City to vacate the 16 feet of the westernmost right-of-way in
order to correct the issue. She noted that the property owner to the south of this property had also recently
requested a similar vacation of the right-of-way. She explained that any new street would require fifty feet
of right-of-way. She noted that the proposed resolution includes language about reserving a seven-foot
drainage and utility easement rather than the standard ten because of the placement of the porch.
Councilmember Sundberg stated that this seems like a very logical way to deal with this issue.
Mayor Zerby opened the public hearing for comment at 8:04 p.m. being there was no comment, he closed
the public hearing at 8:05 p.m.
Sundberg moved, Johnson seconded to approve RESOLUTION No. 18-097, “A Resolution Vacating
an Undeveloped Portion of Woodside Road.” Motion passed 4/0.
5. REPORTS AND PRESENTATIONS
6. PARKS
A. Report by Commissioner Barr on September 11, 2018 Park Commission Meeting
Commissioner Barr stated that the Park Commission discussed the Manor Park pond and looked over the
Capital Improvement Plan. She stated that there were residents at the meeting to share their concerns about
the Manor Park pond and noted that Planning Director Darling was able to share some results of some
testing she had conducted which concluded that the water is not toxic. She stated that the Commission is
encouraging staff to look into short term and long-term solutions for the pond issues. She noted that because
of increased concrete and grading costs, they will not proceed with completing the Badger Park playground
area for construction in the spring of 2019. She noted that the Park Commission has found there will be a
$30,000 savings by not having to pour concrete below the poured rubber surface, since the plans are for a
curb around the structure. She reviewed some of the revisions that were made to the CIP.
B. Update on Manor Park Pond
Planning Director Darling stated that she was able to perform some simple tests to test the pond for toxic
algae and found that there was no toxic algae present in the samples. She stated that staff has started looking
into possible chemical treatment options to reduce the green vegetation and algae in the pond. She stated
that the costs for this treatment option is approximately $1,000 each time the pond is treated. She noted
that there are private ponds that drain into Manor Park, so the treatment may be ineffective if the upstream
ponds populate the algae or vegetation. She noted that cold weather slows the growth of algae so it may be
a wise idea to wait and treat the pond next June and July. She stated that staff is also wondering if the
Council would like staff to treat the Silverwood Park pond and whether they Council would like to have
the dredging of Manor Park in the CIP as a separate item. She noted that the dredging had been included
in the Comprehensive Plan. She stated that staff is looking for how quickly the Council would like the
dredging project to take place.
Councilmember Sundberg asked about the presence of road waste contamination in the Manor Park pond.
Planning Director Darling noted that this waste is from a treatment that people used to use on bituminous
driveways and it was a chemical that would run off into the pond and sits at the bottom with the sediment.
She stated that then when the pond is dredged, the removed material is contaminated with these pollutants
and it has to be landfilled, which makes the project very expensive.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
Page 7 of 12
Councilmember Sundberg asked for the total cost for treatment with all the various chemicals that will be
needed. Planning Director Darling reiterated that it will probably be around $1,000 for each treatment.
Councilmember Labadie noted that the packet referenced the Park Tour that was held this past summer
and stated that “several” residents attended the Park Tour. She would like to clarify that it was “several
dozen” residents. She explained that she was present for the tour and the group of residents is a
committed, cohesive group that supports cleaning up the pond. She asked how many upstream ponds
drain into Manor Park pond.
Planning Director Darling stated that she is aware of one or two ponds, such as the Parkview pond.
Councilmember Labadie asked if the chemical treatment being considered is something that is regulated
to a governmental agency that the City will need to obtain a permit from in order to complete the
treatment.
Planning Director Darling does not believe that any permitting will be required. Councilmember Labadie
asked if the assumption is that this chemical application will be done annually. Planning Director Darling
stated that it may be done more than once a year because they are not sure how long the treatment will
last. Councilmember Labadie asked whether the goal of the treatment was a crystal-clear pond or to
eliminate the smell. Planning Director Darling stated that the chemical treatment would keep down the
vegetation and the algae and noted that the algae is emitting a gas which is causing the smell.
Mayor Zerby stated that he thinks the pond needs to be dredged because it is surrounded by three roadways
and thinks the treatments used on the roads to keep them safe for winter driving have more than likely gone
into the pond and caused problems. He stated that he feels there needs to be some science-based decisions
made and stated that the chemical treatment option sounds like a “Band-aid” and does not create a working
ecosystem. He stated that he thinks the City needs to have someone come in and take a look at it because
he thinks the ecosystem is broken. He noted that he had previously recommended Steve Nikomis. He
stated that he is in favor of doing a treatment for a temporary solution for this year, but thinks the City needs
to look at longer term solutions.
Frank Furter, 20635 Manor Road, stated that he lives directly across from the pond. He stated that he agrees
with everything Mayor Zerby said. He noted that there is only one driveway that has bituminous surface
and he assumes most of the road waste that Planning Director Darling was talking about came from the
slurry coat that has been applied to the roads over the years. He stated that when the pond gets enough
water in it drains into St. Alban’s Bay, so the water quality of this pond will affect the quality of the lake
water.
Jack Kegel, 5085 St. Alban’s Bay Road, stated for his first fifteen years living here this pond had a healthy
ecosystem. He noted that he would see egrets, wood ducks and all sorts of mammals living in and around
the pond. He stated that he hasn’t seen ducks or egrets in years and noted that geese won’t even come to
the pond and they will usually go just about anywhere. He stated that the pond in its present condition is
not supporting wildlife the way it used to and it was an important part of the community when it was a
healthy ecosystem. He stated that he understands that the Parkview pond is a private pond but asked if
there were any regulations that stormwater ponds have to abide by since it appears that pond is not keeping
any of its sediment and it is all just going to Manor Park pond and asked who would be responsible for
enforcing those regulations.
Public Works Director Brown noted that the Parkview pond is a small portion of drainage area that flows
in the Manor Park pond. He stated that there are regulations in place and is overseen by the Minnehaha
Creek Watershed District.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
Page 8 of 12
Mr. Kegel stated that to him it is very clear that there is a connection between the health of Manor Park
pond and the Parkview subdivision because that is when the deterioration began. He stated that he would
like the City to take a look at the upstream ponds also, so the City is not back in the same situation in ten
years.
Councilmember Johnson asked what the cost of dredging would be. Planning Director Darling stated that
staff is estimating that it would be over $200,000.
Public Works Director Brown stated that when this was considered, City Engineer Landini was in charge
of the project. He noted that there were many comments made a few meetings ago and in correspondence
that said this never really went to a vote, which is not the case. He stated that staff went back and looked
at Council documents where this was considered and it came to a decision that the material that comes out
will have to go to a managed landfill. He stated that the estimated cost at that time was $230,000 and the
Council felt they did not have the resources to proceed.
Councilmember Sundberg asked if once the pond was dredged if all the contamination would be removed
so that issue would be taken care of. Public Works Director Brown stated that would be the goal. He stated
that the City’s hope is that some of the ecological aspects that have been brought up tonight, can be brought
back. Councilmember Sundberg stated that she likes the idea of dredging because she does not like having
polluted properties in the City.
There was a consensus of the Council to pursue information regarding dredging of the Manor Park pond.
Planning Director Darling reiterated that there will be a larger impact to treating the algae in the warmer
months of June and July.
Mayor Zerby stated that he would support treating it yet this year, since the cost is fairly minimal, and then
revisiting the topic when they hold their work session out at Manor Park pond. He asked the residents that
were present if they objected to treating the pond this year.
Jodi Kaye, 5105 Suburban Drive, stated that she does not think there is a huge benefit in doing it right now
because it is starting to clean itself up a bit because of the cooler temperatures. She stated that she would
prefer spending the money to treat the pond next year when it will be more effective. She stated that this
pond was never intended to be a stormwater run-off pond, but simply a pond. Mr. Kegel stated that making
it a stormwater pond really led to its degradation.
There was a consensus of the Council to treat the pond next summer and use the interim time to consult
with both the watershed district and a consultant about the best way to proceed.
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
A. Communication Plan for Capital Improvements – (moved to earlier on the agenda)
B. Approve Professional Services Agreement for Reclaim Project: Enchanted Island
and Shady Island, City Project 18-11
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
Page 9 of 12
Public Works Director Brown stated that there has been a consensus that the islands are ripe for doing a
full reclamation project for Enchanted Island and Shady Island. He noted that the estimated costs are
$113,634 and staff is recommending approval.
Mayor Zerby stated that he thinks these roads are overdue. He suggested sending a postcard to the residents
to let them know the City is making progress and moving forward on this project to make sure it is
communicated with the residents.
Johnson moved, Labadie seconded, Approving RESOLUTION NO. 18-098, “A Resolution
Approving a Professional Services Agreement with WSB and Associates for the Preparation of Plans,
Specifications and Bidding Services for the 2019 Street Reclamation Project: Enchanted Island and
Shady Island,” City Project 18-11, and begin the newly approved communications plan with the
residents. Motion passed 4/0.
C. Approve Professional Services Agreement for the 2018 Inflow and Infiltration
Abatement Project, City Project, 18-12
Public Works Director Brown noted that the City budgets $70,000 for inflow and infiltration abatement and
noted that staff has areas along Edgewood Road and Park Street that need attention. He noted that the
expected construction costs will be about $65,000. Staff is recommending approval.
Mayor Zerby stated that he thought he remembered that there used to be annual video inspections done but
does not remember seeing that for a while. Public Works Director Brown stated that they have been looking
at them as road construction projects happen and noted that there are some that are on a televising schedule
but most are done in conjunction with road construction.
Zerby moved, Sundberg seconded, to Approve RESOLUTION NO. 18-099, “A Resolution Approving
the Professional Services Agreement for the 2018 Inflow and Infiltration Project,” City Project 18-
12. Motion passed 4/0.
D. Mutual Aid Agreement for Public Works
Public Works Director Brown stated the goal of this agreement is to have a Mutual Aid Agreement in
place so when an emergency happens, the cities do not have to take time to get an agreement in place to
meet FEMA standards and agency needs. He stated the goal is have this agreement in place State-wide.
He stated that Hennepin County has agreed to be the administrator for this area. He reviewed some of the
terms in the agreement regarding responsibility, liability and reimbursement of costs. Staff is
recommending approval.
Mayor Zerby stated that he is not in favor of this agreement and noted that the City is already having
trouble getting done what needs to be done within the City. He stated that the City has worked with local
cities and partnered with them in the past, when needed, but he is not prepared to send our Public Works
Department to other parts of the metropolitan area. He asked if other nearby cities like Excelsior and
Tonka Bay have signed this agreement.
Public Works Director Brown stated that Excelsior and Tonka Bay are currently reviewing the agreement.
He stated that communities such as Crystal, New Hope, Medina, and Edina have already signed.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
Page 10 of 12
Councilmember Sundberg asked how often Public Works Director Brown would expect to be called out
to other areas if this agreement is signed. Public Works Director Brown stated that he believes it will be
very limited and noted that it will be the Council’s choice whether they would like to send resources.
Mayor Zerby stated that he does not believe that would happen in reality because that would involve
calling a special Council meeting, so he does not feel there would be any Council interaction in these
situations.
City Administrator Lerud stated that this agreement is a two-way street, so the City will also be able to
access assistance, if needed. Councilmember Sundberg stated that she feels this agreement may be a
positive for a small city like Shorewood.
Councilmember Labadie stated that in her opinion it depends on who the City will enter into a Joint
Powers Agreement with because, depending on who it is looking at, Shorewood may be considered the
“big city”. She stated that there have been many instances where the City has cleared a trail, stops at the
edge of the City and the neighboring cities do not clear theirs. She stated that there are problems on the
islands with the roads with our City taking care of them and the next city over not taking care of their
roads. She stated that she was afraid of certain cities taking advantage of the City’s excellent Public
Works staff machinery, and competence. She stated that if this agreement partners with larger cities, she
thinks it could be a benefit to the City. She expressed concern of whether there would be an emergency
that effected the City as well as the bigger cities and the services and assistance may go to the bigger
cities and Shorewood be given the scraps. She stated that the agreement makes her a little bit nervous.
She noted that in the case of a disaster and FEMA is being called in, she thinks the agreements makes
common sense. She noted the immediate sand bagging efforts when there was flooding on Lake
Minnetonka was not declared a FEMA disaster until after the fact. She stated that there is a phrase
included in the agreement that states, “normal day to day activities” which makes her very nervous.
Councilmember Johnson stated that based on information he has gathered from Next Door, there is a push
from Excelsior to merge Public Works with our department. He stated that he is a little leery to sign onto
something like this until the City has better clarity as to what our surrounding neighbors are going to do
and what their Councils will look like, post-election. He asked City Attorney Keane if he had read
through the agreement and had any thoughts on it. City Attorney Keane stated that he had reviewed the
agreement and it is customary as it relates to the shifting of risks and liabilities. He stated that the
remainder of the agreement is a policy question for the Council to discuss.
Councilmember Sundberg stated that she thinks her fellow Councilmembers raised some valid concerns
and agrees that she would be more comfortable waiting to see what the neighboring communities will do.
She stated that she is tired of the City being taking advantage of by some of the communities.
9. GENERAL/NEW BUSINESS
A. Shorewood Community and Event Center Rental Fee Schedules
City Administrator Lerud stated that staff has been contacting similar facilities to see what they charge for
rental fees to arrive at fees for the Shorewood Community and Event Center. He noted that staff is
proposing that this fee schedule go into effect on January 1, 2019.
Councilmember Johnson stated that before making a decision he would like to know the frequency with
which the building is being used. He said he wants to make sure that the rates are competitive, and the city
is not losing rentals because the fees are too high. He said he would also like to know the lowest fee that
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
Page 11 of 12
can be charged where the City is covering its costs. City Administrator Lerud stated that there is enough
time between now and the end of the year that he can bring those answers back to the Council at a future
meeting.
Councilmember Sundberg asked when the City would start communicating its new name. City
Administrator Lerud stated that he received the quote from the sign company late this afternoon and noted
that the new name has already been put on the website and social media sites.
Councilmember Labadie stated that there was discussion at one point of charging a different rate for non-
profit groups but she did not see that included in the information. City Administrator Lerud stated that had
been included on a previous version and will be included again when it comes before the Council.
B. Water Connections
Administrator Lerud explained that at the last work session the Council had talked about encouraging
people to hook up to water if it was available to them. He noted that of the properties that have water
available but were not connected to the system, one-hundred and eight of the properties have paid an
assessment, but are not connected. He stated that there are approximately one-hundred thirty properties
that have water available but have not paid an assessment. He stated that it has been determined that there
is too much information to send out in a mailer, so the plan is to send a flyer with the next sewer bill that
will refer them to the website for the detailed information.
Councilmember Sundberg stated that she strongly suggests that the City not use the WAC acronym because
it will quickly become a joke that the City is “whacking” residents again. She suggested simply stating
“water access charge” and not shortening it.
Councilmember Labadie explained her thoughts on item number eight of the frequently asked questions
document, “What are the advantages to being on City water.” She stated that in her opinion it is an
advantage to be on City water because it increases property value in the event of resale. She asked if that
would be worth researching and including as a footnote.
City Administrator Lerud stated that he will ask the City Assessor and ask that question for possible
inclusion in the information. Councilmember Sundberg asked if there was data regarding water quality of
wells in our area that could also be included.
City Administrator Lerud stated that the City does not have that information because they are private wells.
He noted that there is information included regarding having their wells tested for contaminants.
Zerby moved, Johnson seconded, to Approve the Water Connection information and communication
process, with the changes as discussed. Motion passed 4/0.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Enterprise Funds Budget Report
Mayor Zerby recessed the Council meeting at 9:02 p.m. to allow for the recording tape to be changed. The
meeting was reconvened at 9:06.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 24, 2018
Page 12 of 12
Finance Director Rigdon reminded the Council that Enterprise Funds are different that General Budget
Funds. He noted the Enterprise funds are used to report activities for which fees are charged to users. He
noted that there was nothing out of the ordinary in this report but noted the City should focus on the cash
balances of the major funds.
Other
Mayor Zerby asked Public Works Director Brown about the light fixture on Smithtown and Eureka Road.
Public Works Director Brown stated that he had given Xcel Energy the go ahead to add the additional light.
Mayor Zerby asked about street painting. Public Works Director Brown stated that the new system after
sealcoating is to sweep the street and then come back one month later and sweep again and paint the street.
He believes that the second sweeping and painting will be done in about two weeks.
City Engineer Fauske stated that due to last week’s rain, the watermain extension through Riviera Lane did
not take place and they anticipate that work moving forward this week if the weather cooperates.
Planning Director Darling noted that at the last Council meeting there was a resident who came forward
with concerns about the condition of Glen Road and the amount of mud and debris along the road. She
explained that she had followed up and inspected the property almost every day. She reviewed the other
times she inspected the property and the pictures of what was found. She stated that she believes the
contractor has gotten the point that the City expects them to keep the roads clean and will have the Building
Officials continue to keep an eye on it when they are in the area.
B. Mayor and City Council
Mayor Zerby stated that he had sent out a memo about Hennepin County giving a grant to Excelsior for
Mill Street and asked if the City had any contact with them to see if the City could have any input into the
process since the Council has heard from residents along Mill Street that they are also anxious for something
to be done. He stated that there should at least be coordination of the projects. City Administrator Lerud
stated that he believes Excelsior is planning to form a staff level oversight committee, that will involve
citizens from both cities as well as Chanhassen.
Mayor Zerby stated that he represented the City at NPR to discuss the bee pollinator document. He stated
that it was well received and also a message that the smaller cities do not like it when they get overruled by
bigger government.
11. ADJOURN
Johnson moved, Sundberg seconded, Adjourning the City Council Regular Meeting of September
24, 2018, at 9:16 P.M. Motion passed 4/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
#2C
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Verified Claims
Meeting Date: October 9, 2018
Prepared by: Michelle Nguyen, Senior Accountant
Greg Lerud, City Administrator
Joe Rigdon, Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
64831 - 64858 & ACH 869,253.18
Total Claims $869,253.18
We have also included a payroll summary for the payroll period ending September 30, 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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#2D
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Authorize Probationary Appointment of Light Equipment Operator - Utilities for Public
Works
Meeting Date: October 9, 2018
Prepared by: Larry Brown, Director of Public Works
Reviewed by: Greg Lerud, City Administrator
Background: On June 25, 2018, the City Council authorized advertisement to fill the vacancy created by
the retirement of Joe Lugowski, as a Light Equipment Operator within the Utilities Division. The position
was advertised, and the applicants were ranked. Those selected to proceed in the process were brought
in to complete a “hands-on” exercise to gauge their skill in equipment operation, and then completed an
interview with Public Works Director Brown, Lead PW Supervisor Baumann, and City Administrator
Lerud. A finalist was selected from that process and he completed a background check conducted by
the South Lake Minnetonka Police Department, a pre-employment drug test, a physical exam, and a
suitability test. The results of those checks were acceptable to city staff.
Recommendation / Action Requested: Staff recommends approving the following conditional LEO
Utility job offer to Andrew Eslinger:
1.Starting salary of $25.78 per hour, plus contract pay of $0.50 for water license, and $0.50 for his
sewer license.
2.Six-month probationary appointment with performance review at the end of six months.
3.All other benefits governed by the union contract and/or city personnel policy.
Next Steps: If the Council approves hiring Mr. Eslinger, we will let the candidate know, as well as inform
all the other applicants.
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
#2E
MEETING TYPE
City of Shorewood Council Meeting Item
REGULAR
Title / Subject: Inspection of 5815 Club Lane
Meeting Date: October 9, 2018
Prepared by: Greg Lerud, City Administrator
Reviewed by: Marie Darling, Director of Planning; Joe Pazandak, Building Official; Tim Keane, City
Attorney
Attachments: Resolution
Background: At the March 12 meeting, staff shared some inspection results for the property at 5815
Club Lane. Following the discussion, council directed staff to work with the owners of 5815 Club Lane to
conduct a building code compliance inspection and a structural inspection of the addition to house at
the above-referenced address. Staff issued a stop work order and since then has had numerous
contacts with the property owners. In the intervening months, the property owner has not come
forward with structural or building code professionals and the city has only been able to secure a right-
of-entry agreement with one of the two property owners to allow the city-identified inspectors to
conduct the inspections. Because the conditions that prompted the request for the inspection have not
changed, and staff is still concerned for the life safety and structural integrity of the addition, staff is
requesting the council request the city obtain an administrative warrant that would allow the
inspections to be completed.
Financial or Budget Considerations: There are costs associated with this effort, including; attorney fees,
and inspection costs. These costs may be assessed to the property.
Options: 1. Continue to try and get the cooperation of the property owners for access to inspect the
addition. 2. Obtain an administrative warrant that would allow the city and its agents to access the
addition to inspect it.
Recommendation / Action Requested: Staff requests the city obtain an administrative warrant to
conduct the inspections. If the council chooses that course of action the first step is approving a
Resolution that establishes the basis of the administrative warrant request. Adoption of the attached
Resolution is recommended.
Next Steps and Timeline: If the Council adopts the Resolution, the city attorney will proceed to request
an administrative warrant from the appropriate judicial jurisdiction. Staff will work with the property
owners to ensure such access is done at a convenient, but expedient, time for the resident.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 18 –100
A RESOLUTION TO INSPECT 5815 CLUB LANE
WHEREAS, The addition to the house at 5815 has been ongoing for several years; and,
WHEREAS, City Staff conducted a cursory inspection of the addition on February 6, 2018; and
WHEREAS, Staff reported the conditions to the City Council at the February meeting; and,
WHEREAS, The City Council directed staff to work with the property owners to provide access so a
building code compliance inspection could occur to ensure that the construction is consistent with the
State Building Code; and,
WHEREAS, City Staff has repeatedly attempted to receive permission from the property owners to allow
the inspections to be completed but with limited success; and,
WHEREAS, The property continues to be occupied with adults and children. No work has been done on
the property since March, so the unsafe conditions, or conditions not incompliance with the code at that
time continue and need to be corrected,
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL MAKES THE FOLLOWING FINDINGS:
1.Building Permit Number A-24-15, issued 3.12.2015, has expired.
2.Scope of Building Permit A-23-15 was to repair and finish existing construction to enclose an
unfinished space that has exterior compliant with code.
3.Owners have proceeded with construction of deck and porch on South side of building that was
specifically not approved as within scope of Building Permit A-24-15. Owners installed deck
footings without approval, constructed porch without submitting plans for review or approval and
started wall insulation without approval. The porch subsequently collapsed and injured an
occupant of the property.
4.Construction progress related to Building Permit A-24-15 has been intermittent, not complete and
not in compliance with Building Permit A-24-15 required conditions.
5.Building Permit A-24-15 requirements included installation of barriers to restrict access to
persons, other than persons involved in construction. Owners have not scheduled an inspection
to verify that the barriers have been installed.
6.Space enclosed by addition was being used for personal use unrelated to construction. Parts of
the enclosed unfinished area of addition space are used as main entry, coat closet, living area and
storage. Items in the unfinished area of addition that are set up and used include and are not
limited to: refrigerator, children’s toys, food coolers, furniture, lamps, swing, cabinets, clothes,
pictures, space heater and other similar items.
7.Required guardrails and barriers are not in place. Construction material condition and
construction material installation appear to be problematic. Braced wall design requirements
have not been provided.
8.Owner’s use of the uncompleted addition creates a hazard.
9.Construction materials at site include items may no longer be suitable for use.
10.Owners have not provided structural engineer’s assessment of existing construction material for
suitability of use-installation and wall bracing requirements, as required by Building Permit
A.24.2015.
11.City staff has attempted to contact the property owners on numerous occasions to gain their
consent to have the property inspected, but without success. The city sent letters on March 13,
2018, May 2, 2018 June 26, 2018, July 10, 2018, and August 20, 2018.
Based on the findings, the City Council hereby Resolves:
1.The above-referenced findings indicate an urgent need to inspect the property to identify
deficiencies and ensure safety of the occupants of the property as well as compliance with the
building code.
2.Because property owner has failed to comply with requested inspections, the Council hereby
directs staff to proceed with obtaining an administrative warrant to access the property to
conduct the building code compliance and structural inspections.
3.All costs related to obtaining the administrative warrant, conducting the inspections, and any
enforcement or corrective action that is required based on the results of the inspections would
be assessed against the property by future council action.
th
Adopted this 8 day of October, 2018.
________________________________
Scott Zerby, Mayor
ATTEST
________________________________
Sandie Thone, City Clerk
2F
MEETING TYPE
CITY OF
Regular Meeting
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:
10-9-2018
To:
Mayor and City Council Members
From:
Julie Moore, Communications and Recycling Coordinator
Re:
Hennepin County Business Recycling Grant
_____________________________________________________________________________________
Background: On Monday, October 1, 2018, the City of Shorewood received a grant check from Hennepin County
in the amount of $1,695 for the purchase of eight containers for the collection of recyclable and/or organic
materials at Shorewood Community & Event Center.
Upon purchase of the approved containers and submission of expense documentation and a final report,
Hennepin County will provide a final payment of up to $525.
Financial or Budget Considerations: Favorable to the recycling budget to purchase new containers.
Recommendations/Action Requested:
Motion: Staff respectfully requests the city council accept the Resolution accepting the Business Recycling Grant
issued by Hennepin County in the amount of $1,695.
Motion, Second, and Simple Majority required.
Connection to Vision/Mission: Consistency in providing the community with quality public services, a healthy
environment, a sustainable tax base and sound financial management through effective efficient, and visionary
leadership.
RESOLUTION 18-101
RESOLUTION ACCEPTING HENNEPIN COUNTY
BUSINESS RECYCLING GRANT
WHEREAS, the City of Shorewood supports the application and the purpose of the county’s
recycling grant to provide funding for public space containers to increase recycling and help
reach the 2030 recycling goal established by the Minnesota Pollution Control Agency; and
WHEREAS, the City of Shorewood is committed to the recycling grant requirement which
include the purchase of eight containers for the collection of recyclable and/or organic materials
at Shorewood Community & Event Center; and
WHEREAS, the City of Shorewood understands that up to $700 per container will be covered
and that a final payment of $525 will be paid by Hennepin County upon final report and
documentation of expenses.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Shorewood, Minnesota
hereby accepts the Business Recycling Grant in the amount of $1,685 issued by the Hennepin
County.
Passed and Adopted by the City Council on this 9th day of October 2018.
CITY OF SHOREWOOD
_________________________________
By: Scott Zerby
Mayor
ATTEST: ____________________________________
By: Sandie Thone
City Clerk
City of Shorewood Council Meeting Item
2G
Title / Subject: Approving 2018-2019 Retail Tobacco Licenses
MEETING TYPE
Meeting Date: Tuesday, October 9, 2018
Regular Meeting
Prepared by: Sandie Thone, City Clerk
Reviewed by: Brenda Pricco, Administrative Assistant
Attachments: Resolution
Background: Pursuant to Section 302 (Sale of Tobacco) and 1301 (Municipal Fees) of Shorewood City
Code retailers within the city limits who wish to sell tobacco products are required to obtain a license
from the city. The Shorewood City Code provides that an applicant complete an application and pay a
licensing fee.
The following applicants have successfully submitted a complete application, have successfully passed a
background investigation through South Lake Minnetonka Police Department (SLMPD), have paid the
current annual tobacco license fee of $250 and have signed and agreed to the city code requirements.
This section of code includes providing access to the police department during regular business hours
and an annual compliance check.
The period for renewal of the following licenses to sell tobacco in the City of Shorewood is effective
November 1, 2018 to October 31, 2019:
1)Cub Foods #1636 23800 State Highway 7
2)Holiday Stationstores, Inc 19955 State Highway 7
3)Lucky’s Station 24365 Smithtown Road
4)Shorewood Cigars and Tobacco 23710 State Highway 7
5)Wine & Spirits by JD dba MGM 5660 County Road 19
Financial or Budget Considerations: The licensing fees collected as revenue offset the expense of
issuing the permits pursuant to Shorewood City Code Section 1301 (Municipal Fees).
Recommendation/Action Requested:
Motion: Staff respectfully requests the city council approve the Resolution Approving the 2018-2019
Licenses to Retailers to Sell Tobacco Products for the period of November 1, 2018 through October 31,
2019. Motion, Second, and Simple Majority required.
Connection to Vision/Mission: Consistency in providing the community with quality public services, a
variety of attractive amenities, a sustainable tax base and sound financial management through
effective, efficient, and visionary leadership.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 18-102
A RESOLUTION APPROVING LICENSES TO
RETAILERS TO SELL TOBACCO PRODUCTS
WHEREAS,
Sections 302 and 1301 of the Shorewood City Code provide for the licensing of the
sale of tobacco products in the city; and
WHEREAS,
the Shorewood City Code provides that an applicant shall complete an application
and pay a licensing fee; and
WHEREAS,
the following applicants have satisfactorily completed an application and paid the
appropriate fee.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Shorewood as
follows:
That a License for the sale of tobacco products be issued for a term of one year, from
November 1, 2018 to October 31, 2019, consistent with the requirements and provisions
of Chapter 302 of the Shorewood City Code to the following applicants:
Applicant Address
Cub Foods Shorewood 23800 State Highway 7
Holiday Stationstore #12 19955 State Highway 7
Lucky’s Station LLC #7 24365 Smithtown Road
Shorewood Cigars and Tobacco, Inc. 23710 State Highway 7
Wine & Spirits by JD dba MGM Liquors 5660 County Road 19
ADOPTED
by the City Council of the City of Shorewood this 9th day of October 2018
_______________________________
ATTEST: Scott Zerby, Mayor
____________________________________
Sandie Thone, City Clerk
7A
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, SEPTEMBER 18, 2018 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Davis, Gorham, and Riedel; Planning Director Darling; and
Council Liaison Johnson
Absent: Commissioner Eggenberger
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 meetings 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.
1. APPROVAL OF AGENDA
Davis moved, Riedel seconded, approving the agenda for September 18, 2018, as presented. Motion
passed 4/0.
2. APPROVAL OF MINUTES
August 28, 2018
Davis moved, Riedel seconded, approving the Planning Commission Meeting Minutes of August 28,
2018, as presented. Motion passed 3/0/1 (Chair Maddy abstained due to his absence at the meeting).
3. PUBLIC HEARINGS - None
4. OTHER BUSINESS
A. LOT AREA, WIDTH, AND SETBACK VARIANCES
Applicant: Cary and Susan Deacon
Location: 21055 Forest Drive
Director Darling reviewed the request from Cary and Susan Deacon. She explained that the request is to
remove the existing home and build a new two-story home with a garage. She stated that the original home
was built prior to zoning codes and recently a tree fall on it which created substantial damage. She stated
that staff has reviewed the request and is recommending approval. She stated that the City has received
three letters in support of the application.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 18, 2018
Page 2 of 3
Commissioner Riedel asked why the tree preservation policy was required in this case since it is not new
construction.
Director Darling explained that because this is basically a case of complete redevelopment since they are
planning to take down the existing home and build a new one, the tree preservation ordinance would apply.
Chair Maddy stated that there was a reference to 20920 Forest Drive and asked if there were any parallels
for the Commission to consider.
Director Darling stated that this is just down the street on the corner of Forest Drive and Rustic Way. She
stated that the circumstances between the two situations are different, the other lot was larger but narrow,
but could be an example of a two-story house on a narrow lot.
Cary Deacon, 21055 Forest Drive, thanked Director Darling for working with him and helping to bring this
before the Planning Commission. He stated that they have spoken to everyone that lives around them and
gone over the house plans and nobody has opposed their plans. He stated that they have tried to make the
architectural design of the home fit into the neighborhood. He stated that they have no problem with the
tree replacement plans, although they hope to keep the large tree, and have plans to install a rain garden for
the water from the gutters.
Commissioner Riedel asked why the homeowners had not chosen to build the home using the original
footprint of the home because no variances would be required.
Mr. Deacon stated it was due to the size of the original home which was about 19 feet wide and just too
small. He stated that the existing foundation is also crumbling and has a lot of problems.
Chair Maddy invited those present to provide public input at 7:17 p.m.
Dirk Koentopf,4989 Woodend Place, stated that they fully support the Deacon’s building this home and
noted that they are probably the most affected aesthetically because they live directly across the street. He
stated that they love the plans and think it will add a lot to the neighborhood.
Chair Maddy closed the public input portion of the meeting at 7:18 p.m.
Commissioner Davis stated that she felt the plans were a great use of the property and will be of benefit to
the neighborhood.
The Commission reviewed the criteria to be considered as part of the variance requests.
Commissioner Riedel asked Director Darling whether a variance would be needed if the applicant would
build a two-story home on the same footprint of the existing house.
Director Darling noted that it would be needed because the second story would increase the amount of
square footage that is non-conforming.
Motion by Davis, seconded by Riedel, to recommend approval to the City Council of the variance
request for lot area, width and setback for the property located at 21055 Forest Drive, per staff
recommendations and findings. Motion carried 4/0.
Director Darling stated that this will come before the City Council on October 9, 2018.
5. MATTERS FROM THE FLOOR - None
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 18, 2018
Page 3 of 3
6. REPORTS
• Liaison to Council
Council Liaison Johnson reported on matters considered and actions taken during Council’s September 10,
2018, meeting (as detailed in the minutes for that meeting).
Chair Maddy asked if the City would be in contact with the City of Excelsior regarding restricting parking
along Mill Street and a possible sidewalk and trail in the area.
Council Liaison Johnson stated that he had been in discussion with them last year to discuss the possible
sidewalk and trail and believes both of the City’s staff members are working together and pursuing grant
money for a feasibility study.
• Draft Next Meeting Agenda
Director Darling stated that at the next meeting there will be an application for a variance to allow additional
signage for the Starbuck’s coffee shop drive-thru lane. She also stated that there was discussion at the
recent work session about having a special meeting in order to hold the public hearing for the
Comprehensive Plan. She asked the Commissioners to check their calendars and see if October 30, 2018
would work to hold the public hearing.
7. ADJOURNMENT
Davis moved, Riedel seconded, adjourning the Planning Commission Meeting of September 18, 2018,
at 7:44 P.M. Motion passed 4/0.
#7B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Cary and Susan Deacon –Variances for Substandard Lot and Setbacks
Meeting Date: October 9, 2018
Prepared by: Marie Darling, Planning Director
Review Deadline: December 19, 2018
Attachments: Planning Staff Memorandum
Resolution
Policy Consideration: Should the City grant a variance to allow a substandard lot to be redeveloped
and setback variances for construction of a new home?
Background: See attached memorandum for detailed background on this item.
At the October 9, 2018 meeting, the Planning Commission unanimously recommended approval of the
item. The applicant was present at the meeting; one resident requested to speak and indicated
support for the project.
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 unanimously recommended
approval of the request based on the findings that the criteria for a variance had 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.
Proposed motion: Move to adopt the attached resolution approving a variance for Cary and Susan
Deacon for property located at 21055 Forest Drive, subject to the conditions in the attached
resolution and as recommended by the Planning Commission.
Motion requires a simple majority to adopt.
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.
C:\Users\bpricco\Desktop\CAF 181009.docx
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Page 2
BACKGROUND
Context: The lot was created in 1920 as part of the Minnetonka Manor Subdivision. The existing single -
story home was constructed in 1920 and two bedrooms and single -stall garage were added in 1967. A tree
fell on the home in May of this year and the home suffered substantial damage. The property is within the
shoreland district of Lake Minnetonka and Lake William. No portion of the property is within a wetland or
floodplain overlay district. The adjacent properties are all developed with single family homes.
Tree preservation applies to the property. The applicant has indicated that they do not plan to remove any
trees, however, the 26 -inch maple on the south side of the home is too close to construction to be
considered saved. Consequently, with the building permit application, the applicant would need to indicate
three new trees planted on the lot whether or not the applicants attempt to keep the tree alive during
construction.
Additionally, the city recently removed two trees from the public right -of -way. One of the trees lost the
limb that harmed the home and the second is another tree that was evaluated by the tree consultants and
found to be a hazard. As these trees were in the right -of -way and were removed due to age /health, they are
not considered significant nor required to be replaced.
ANALYSIS
The applicant indicates that the request is to remove the existing home and build a new two -story house.
Section 1201.03 Subd. 1 e. of the zoning regulations state that a lawful nonconforming use of a parcel of
land may be changed to lessen the nonconformity of the use. Because coverage would not increase with
the application and because the non - conformity existed prior to the adoption of the shoreland
regulations, the proposed amount of impervious surface coverage would continue in a non - conforming
fashion. When the impervious surface coverage is decreased on the property, it may not be expanded
without a variance.
The applicant has indicated they would include a rain garden in the low part of the front yard (along
Forest Drive) to help control the rate of run -off from the site.
Lot Size
Re wired
- Existing
Pro osed
Impervious Surface Coverage
25 % (max.)
30.01%
29.93%
Section 1201.03 Subd. 1 e. of the zoning regulations state that a lawful nonconforming use of a parcel of
land may be changed to lessen the nonconformity of the use. Because coverage would not increase with
the application and because the non - conformity existed prior to the adoption of the shoreland
regulations, the proposed amount of impervious surface coverage would continue in a non - conforming
fashion. When the impervious surface coverage is decreased on the property, it may not be expanded
without a variance.
The applicant has indicated they would include a rain garden in the low part of the front yard (along
Forest Drive) to help control the rate of run -off from the site.
Lot Size
Section 1201.03 Subd. 2 c. (3) of the zoning regulations states that an existing residential lot of record
that does not meet the lot area/width requirements, may be developed with a single - family dwelling
provided that:
• It is in separate ownership from abutting lots (the applicants own no additional adjacent
in property)
• Area and width are within 70 percent of the required (lot width conforms, area does not)
• The ratio of the floor area of all structures to lot area shall not exceed 30 percent
(proposed 38.7 percent)
Required
- Exis ingk
ercent of Required
-Lot Width
75 ft (min.)
54 ft
72%
Lot Area
10,000 sf (min.)
6,927 sf
69%
Section 1201.03 Subd. 2 c. (3) of the zoning regulations states that an existing residential lot of record
that does not meet the lot area/width requirements, may be developed with a single - family dwelling
provided that:
• It is in separate ownership from abutting lots (the applicants own no additional adjacent
in property)
• Area and width are within 70 percent of the required (lot width conforms, area does not)
• The ratio of the floor area of all structures to lot area shall not exceed 30 percent
(proposed 38.7 percent)
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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 notes that the Planning Commission could find that the
request is not the minimum action necessary to alleviate the practical difficulty in regards to the
rear setback, but find the applicant has proposed the minimum action to alleviate the practical
difficulty for the lot width, lot area and setback to the property line along Woodend Place.
Based on the floor plan, staff notes that the applicant could reduce the length of the home (north to
south) to meet or reduce the rear setback request by reducing the area of the loft on the upper level
and the mudroom on the lower level.
FINDINGS/RECOMMENDATION
Staff finds the variance proposal meets the criteria above and recommends approval of the variances
while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning
Commission could reasonably find otherwise.
Should the Planning Commission recommend the variances, staff recommend the following be included
as conditions of approval (to be met prior to issuance of a building permit):
1. The applicants must acquire all necessary permits and no construction activity may occur
until the permits are issued.
2. The applicants shall submit a tree preservation plan consistent with City policy with their
building permit application.
3. The applicants must submit the design of the rain garden with their building permit
application.
ATTACHMENTS
Location map
Correspondence Received
Applicants' narrative and plans
S:TImming0mming Fi1es\App1icaGom,\2018 CasesMeacon VAR Forest DNC memo 6 i 18.docc
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1111
Marie Darling
From: Dirk Koentopf <dirkherb @gmail.com>
Sent: Friday, August 24, 2018 1:12 PM
To: Marie Darling
Cc: Nyla Hoffman; cjsold100 @aol.com
Subject: 21055 Forest Drive
To Whom it May Concern,
We are the neighbors directly across the street from 21055 Forest Drive in Shorewood and have discussed the house
that Susan and Cary Deacon want to build.
This property would represents our primary view from our home and likely makes us the most affected in the
neighborhood by this property's status.
We are in full support of the project and any Variances proposed.
We believe this would be a fantastic addition and significant improvement to the neighborhood and community.
Respectfully,
Dirk Koentopf
and
Nyla Hoffman
4989 Woodend PI
Shorewood, MN 55331
612.990.3400
1
Marie Darling
From: Colleen Johnson <cjsold100 @aol.com>
Sent: Monday, August 27, 2018 4:17 PM
To: Marie Darling
Cc: cary.deacon @gmail.com; sookiedeacon @gmail.com
Subject: Re: 21055 Forest Drive
To Whom it May Concern,
We are the neighbors across the street from the home at 21055 Forest Drive in Shorewood. We feel
Cary and Susan Deacon have had a major hardship on this property. The home is unable to be
rehabbed.
We are in full support of the project and any variances proposed.
We believe this would be a fantastic addition and significant improvement to the neighborhood.
Thank you,
Colleen and Jeff Johnson
5015 St Albans Bay Rd
Shorewood, MN 55331
612- 275 -9734
Marie Darling
From: Scott Hohag <hellhammer17 @gmail.com>
Sent: Tuesday, September 18, 2018 11:42 AM
To: Marie Darling
Subject: 21055 Forest Drive Variance
Hello. I did get the notice about the property at 21055 Forest Drive but will not be able to attend the
meeting. I believe that approving the plan/variance for this property would be a nice addition to the
neighborhood. This lot is similar to the property across the street from my house (20920 Forest Dr) that was
torn down and rebuilt. That house has added excellent curb appeal to neighborhood and I feel that approving a
project at 21055 Forest Drive would do the same.
Thanks
Scott Hohag
20965 Forest Dr.
Shorewood, MN 55331
21055 Forest Drive
Shorewood MN 55331
City of Shorewood Planning Meeting
Marie Darling • August 2, 2018 9:30 AM
e
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tft` 0D
Cary Deacon • cary.deacon @gmail.com • 404707 -1377
Wednesday, August 1, 2018
Dear Mayor of Shorewood and City Council Members,
Our names are Susan and Cary Deacon. We are Minnesota residents and we are
looking for a variance to build on our lot located at 21055 Forest Drive. The current
house was built in 1920 and it does not meet any of the current zoning
requirements. The current lot size is 6,927 square feet and located on the corner of
Forest Drive and Woodend.
In May 2018 a tree located on City of Shorewood property fell and destroyed 75% of
the house. The City has stated via the planning department that they have no
liability with regard to damages and expenses of tree removal, clean up and related
costs.
The estimated costs to rebuild this nearly century old house are untenable and the
sane decision would be to build a new house on the property.
We are proposing a two -story house on the property. We are not asking for any
significant variances than what the existing structure had other than height We are
staying just slightly below the existing Hard Cover.
We wanted to do something that we felt would mesh well with the typical
architecture in Shorewood but still have a contemporary look. We like this look,
especially the front because it makes the house feel smaller and more proportional
to the street /neighborhood. The roof design with this does a great job for this home
and its well below the height code for Shorewood. The exterior look is somewhat
like the Moe Residence at 20920 Forest Drive where a variance was granted in 2015
due to lot difficulties.
We respectfully ask for your support and consideration for the variance approval.
Please do not hesitate to contact me with any questions or concerns.
Thank you...Susan & Cary Deacon
4016 Grand Chevalle Pkwy, Chaska MN 55318
cary.deacon @gmail.com 404 - 707 -1377
Variance Application Checklist
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 resulting house construction will be used as a residential dwelling with a look
consistent with the neighborhood and is in harmony with the general purpose of the
zoning regulations.
2 The applicant has established that there are practical difficulties in complying with this
Cha=pter. Practical difficulties mean:
(b) The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
The current house was built in 1920 and it does not meet any of the current zoning
requirements. The current lot size is 6,927 square feet and located on the corner of
Forest Drive and Woodend.
In May 2018 a tree located on City of Shorewood property fell and the house
suffered catastrophic damages. The house was not insured as we were just planning
to determine what we needed to do to live there. The City has stated, via the
planning department, that they have no liability with regard to damages and
expenses of tree removal, clean up and related costs. We have incurred substantial
expenses for tree removal and clean up.
The estimated costs to rebuild this nearly century old house are untenable and the
sane decision would be to build a new house on the property.
Due to the extremely small lot size and being on a corner building a reasonable sized
house is very difficult. The existing structure built in 1920 has approximately 30.1%
hard cover. Our new plan was an attempt to bring the house as close to the existing
hard cover and it came in at 29.9 %. Also we were able to bring the Front of the
house to the 30 foot setback regulation.
The main floor has 1116 finished square feet with the total finished square feet
approximately 2300 square feet
Cont'd on next page
(c) The variance, if approved, would not alter the essential character of the locality.
We are proposing a two -story house on the property. The Mid Point height is 28 feet
well below the 35 foot requirement.
We wanted to do something that we felt would mesh well with the typical /older
architecture in Shorewood but still have a contemporary style. We like this look,
especially the front because it makes the house feel smaller and more proportional
to the street /neighborhood.
There are some homes that get built that tend to feel too large, the roof design with
this does a great job hiding the true size of this home and its well below the height
code for Shorewood. We believe its has a really nice, clean look but with good
detailing.
We are not removing any trees. We will also be providing appropriate drainage to a
rain garden.
3 The variance would not be based exclusively on economic considerations.
We believe there are lot size and age and poor construction of the existing structure
that necessitate the variance approval NOT financial considerations.
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.
We believe the variance to be almost the same size as the existing structure other
than a second story that is well below the requirements does not impact any points
as defined in point 4.
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 a danger to public welfare nor injurious.
Cont'd on next page
6 The variance is the minimum variance necessary to address or alleviate the practical
difficulties.
We believe this to he true.
21055 Forest Drive
Shorewood, MN 55331
Owner: Cary & Susan Deacon
Current Conditions
The current house was built in 1920 and it does not meet any of the current zoning
requirements.
In May 2018 a tree located on City of Shorewood property fell and destroyed 75% of
the house. The City has stated via the planning department that they have no
liability with regard to damages and expenses of tree removal, clean up and related
costs.
The estimated costs to rebuild this nearly century old house are untenable and the
sane decision would be to build a new house on the property.
Current clean up expenses are close to $4500.00.
The current lot size is 6,927 square feet and located on the corner of Forest Drive
and Woodend.
Existing Hardcover
2080 Sq. Ft.
30.01/0
Existing Setbacks
Front 27'
Rear 27'
Streetside 14'
Side 17
Proposed Height
Mid Point 28'
Proposed Hardcover
2073 Sq. Ft.
29.9%
Proposed Setbacks
30'
22.8'
15'
12.2'
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From: m I <mlittfin @hotmail.com>
Date: Tuesday, July 10, 2018
To: Cary Deacon <cary.deacon @gmail.com>
Subject: RE: 21055 Forest Drive
Hey Everyone,
Included is a revised presentation with the revisions to the floorplan as
well as my first attempt at the basement. We are fairly open with what
we can do, so if you want something different, just let me know. I also
included my first attempt at the exterior front and road side. I wanted to
do something that I felt would mesh well with the typical /older
architecture in Excelsior and Shorewood but still have a contemporary
style look. I like this look, especially the front because it makes the house
feel smaller and more proportional to the street /neighborhood. There
are some homes that get built that tend to feel too large, the roof design
with this does a great job hiding the true size of this home and its weel
below the height code for Shorewood. It's got a really nice, clean look
but good detailing that is going to stand out and is considered timeless
so you don't have to worry about it going out of style.
Let me know what you think.
Thank you,
I..I1I TFIN 1 111-`11(&
Mitchell Littfin
littfin il.co
320 -224 -7844
www.LittfinDesign.com
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CITY OF SHOREWOOD
RESOLUTION NO. 18-103
A RESOLUTION GRANTING VARIANCES
FOR PROPERTY LOCATED AT 21055 FOREST DRIVE
WHEREAS
, Cary Deacon and Susan Deacon, a married couple, (the “Applicant”) are
the owners of real property located at 21055 Forest Drive, legally described as:
Lot 1, Block 1, MINNETONKA MANOR, Hennepin County, Minnesota; and,
WHEREAS
, the Applicant has a lot with 6,927 square feet of area and a lot width of 54
feet in the R-1D/S zoning district; and
WHEREAS
, the Applicant has applied for a variance to lot area and width to redevelop
the lot; and
WHEREAS,
the Applicant desires to construct a new home on the property and requests
setback variances to allow the home to be closer to the east and south property lines that would
be permitted by the R-1D/S zoning district
WHEREAS
, the Applicant’s request was reviewed by the planning staff, whose
recommendation is included in a memorandum for the September 18, 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 September 18, 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
October 9, 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 an R-1D/S zoning district, which requires
10,000 square feet of area per lot and 75 feet of width.
2.The subject property was created in 1920, prior to modern zoning requirements.
3.The existing home and garage on the property are nonconforming, being located
less than 30 feet from the front property line and side lot line abutting a public street as required
in the R-1D/S district.
4.The Applicants propose to remove the existing home single-stall garage and build
a new home with an attached garage instead.
5.The new home would require variances to setbacks from the Woodend Place
right-of-way and the rear property line.
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
redevelop a substandard lot of record as shown on the plans submitted August 3 and 20, 2018,
and as follows:
1. A variance to the lot area to allow 6,927 square feet where 10,000 square feet is
required.
2. A variance to the lot width to allow 54 feet where 75 feet is required.
3. A setback variance to the Woodend Place right-of-way to allow the home to be 14
feet and the entry to be 10 feet where 30 feet is required.
4. A setback variance to the rear property line to allow the home to be 22.8 feet
where 35 feet is required.
C. The approval of the variances is subject to the following conditions:
1.The applicant must acquire all necessary permits and no construction activity may
occur until the permits are issued.
2.With their building permit applications, the applicant shall submit a tree
preservation plan consistent with City policy and submit the design of their rain
garden.
D. 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 9th day of
October, 2018.
____________________________________
SCOTT ZERBY, MAYOR
ATTEST:
_____________________________________
SANDIE THONE, CITY CLERK
3
CITY OF SHOREWOOD
RESOLUTION NO. 18-104
A RESOLUTION ACCEPTING CHANGE ORDER 1
FOR THE BOULDER BRIDGE WELL
EXTERIOR IMPROVEMENT PROJECT
WHEREAS
, on May 14, 2018, the City Council awarded the contract for
re-siding and re-shingling the Boulder Bridge Well to Minnesota Roofing Company; and
WHEREAS
, said Contractor experienced unexpected material cost increases and
demonstrated their error in preparation of their submitted quote; and
WHEREAS
, the revised contract amount remains the current low bid;
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood, Minnesota, that Change Order 1 to the Boulder Bridge Well House Exterior
Improvement Project, as attached hereto as Exhibit A, is hereby approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
th
this 9 day of October, 2018.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
# 9A
MEETING TYPE
City of Shorewood Council Meeting Item
REGULAR
Title / Subject: Shorewood Community and Event Center Signage
Meeting Date: October 9, 2018
Prepared by: Greg Lerud, City Administrator
Attachments: Quote from Sign Source
Background: Staff requested a quote from Sign Source for re-signing the Shorewood Community and
Event Center. There are four signs that need to be modified; the electronic sign on CR 19, two sides of
the campus sign at the entrance by City Hall, and across the front of the canopy at the SCEC. In addition,
a request was made for vinyl letter at the front door at the SCEC and the side glass panel at City Hall.
Financial or Budget Considerations: The quote is $5,581. The sign rep said that this is the high end.
They need to create an overlay for both sides of the campus entrance sign and if that goes better than
anticipated, the cost could be less. The expense is in addition to those budgeted for the building
rehabilitation and will require a transfer of funds from excess fund balance.
Recommendation / Action Requested: Staff recommends accepting the quote.
Next Steps and Timeline: Staff will schedule the work with Sign Source.
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
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EXISTING:
EXISTING:
SOUTHSHORE CENTER
EXISTING:
CITY OF
SHOREWOOD
} City Hall
4- Badger Park
4- Southshore Community Center
5755 COUNTRY CLUB RD
OPTION::
CITY OF
SHOREWOOD
it City Hall
4- Badger Park
f Event and Community Center
5755 COUNTRY CLUB RD.
OPTION:
OPTIONS:
SHOREWOOD
EVENT & COMMUNITY CENTER
SHOREWOOD
Event & Community Center
CITY OF
SHOREWOOD
City Hall i
Badger Park -►
Southshore Community Center -►
5755 COUNTRY CLUB RD.
CITY OF
SHOREWOOD
City Hall i
Badger Park -P,
Event and Community Center y
5755 COUNTRY CLUB RD.
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