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12-10-18 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 10, 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. APPROVAL OF CONSENT AGENDA A. City Council Work Session Minutes of November 26, 2018 Minutes B. City Council Regular Meeting Minutes of November 26, 2018 Minutes C. City Council Truth-in-Taxation Meeting Minutes of December 3, 2018 Minutes D. Approval of the Verified Claims List Claims List E. 2019 Open Book Meeting Date City Clerk Memo Resolution 18-126 F. Public Works AFSCME Contract Tentative Settlement City Administrator Memo G. 2019 Non-Union Wage Recommendation City Administrator Memo H. Accept Arctic Fever Donation City Clerk Memo Resolution 18-127 I. Approval of Seasonal Hires: Ice Rink Attendants City Clerk Memo J. Designation of 2019 Polling Place Locations City Clerk Memo Resolution 18-128 K. General Election Update City Clerk Memo L. December 31, 2018 City Hall Closure City Clerk Memo M. Change Order 1 for Boulder Bridge Well Motor Control Center Director of Public Works Memo Replacement Project Resolution 18-129 N. Approval of Tree Sale Communications Coordinator Memo 4. MATTERS FROM THE FLOOR (No Council Action will be taken) CITY COUNCIL REGULAR MEETING AGENDA – DECEMBER 10, 2018 Page 2 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Employee Recognition and Service Awards i. Patti Helgesen 35 years ii. Brad Mason 20 years iii. Michelle Nguyen 15 years iv. Brett Baumann 5 years B. 2018 Year-end Deer Management Report City Administrator Memo 7. PARKS 8. PLANNING A. Report by Commissioner Eggenberger on 11/20/18 Planning Commission Meeting Draft Minutes B. Variances to setbacks and impervious surface coverage Planning Director Memo At 28015 Woodside Road for Doug and Amie Thesingh Resolution 18-130 C. Variances to pool setbacks Planning Director Memo At 6035 Spruce Hill Court for Sally and Tim Butler Resolution 18-131 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Adopt 2019 Property Tax Levy and 2019 General Fund Budget Finance Director Memo Resolution 18-132 B. Adopt 2019-2028 Capital Improvement Plan and 2019 Budgets Finance Director Memo for the Shorewood Community & Event Center, Capital Project Resolution 18-133 Funds, and Enterprise Funds C. Street Light Request at Ferncroft Drive and Minnetonka Blvd Planning Director Memo 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Water system contacts City Administrator 2. Street Project Open Houses Update City Engineer B. Mayor and City Council 12. CITY ADMINISTRATOR PERFORMANCE REVIEW 13. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 26, 2018 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, and Sundberg (arrived at 6:10); City Administrator Lerud; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Johnson B. Review Agenda Siakel moved, Labadie seconded, approving the agenda as presented. Motion passed 3/0. 2. DRAINAGE ON MINNETONKA COUNTRY CLUB (MCC) Director Brown noted that Whitley Mott who resides at 24890 Yellowstone Trail which abuts the MCC development is present at tonight’s meeting. He stated that staff has heard concerns from Mr. Mott regarding the drainage from the development. He stated that staff concluded that an independent review of the drainage calculations would be a good idea. He stated that City Administrator Lerud contacted Barr Engineering who specializes in comprehensive drainage studies and hydrology. He stated that they performed a review and stated that they concur with the memo from February 22, 2018 that the years where high-water levels were observed on the Mott property occurred during wetter than average years for the metro area. He explained that every year since 2013 has experienced higher than average annual rainfalls. He stated that Barr believes that generally, the site was constructed the way it was planned and proposed. He stated that because of upstream ponding and water retention, the developed run off rate is less than the pre-developed runoff rate. He stated that one of the issues that was found was a ditch that was left at three to six feet rather than the eight feet that was shown on the approved grading plans which is near the Mott property. He stated that he understands some of what happened because the area near this ditch is considered part of the wetland buffer and thinks the contractor and engineer tried to stay away from disturbing the wetland buffer area. He stated that this is a field change that was never brought to staff’s attention. He stated that the developer has committed to return to grade the ditch as shown in the approved plan and staff will continue to monitor the high-water conditions. He stated that staff believes that this ditch is what has been causing the problems on Mr. Mott’s property. Mayor Zerby confirmed that the developer did not construct this according to the approved plan and the City’s inspector did not report the change. He stated that there was some terminology in the report that stated that there were some instabilities in the stormwater modeling that was conducted by the developer’s engineer. He asked who that engineer was for the developer. Director Brown stated that the developer’s engineer was Carlson McCain and noted that he does not think the inspector missed it, but instead, thinks there was an engineering judgment made in the field and it should CITY OF SHOREWOOD WORK SESSION MEETING MINUTES NOVEMBER 26, 2018 Page 2 of 4 have been brought to staff. He noted that the inspector was a contracted engineer through WSB. He stated that in reference to the “instabilities” referenced in the report, the developer had their site and analysis completed just up to the boundary of their property. He stated that in hindsight the analysis should have been completed all the way out to Lake Minnewashta. Brown stated it is important to note that the Developer met the requirements of the Minnehaha Creek Watershed District, who issued the permit for the development. He stated that this may be impacting the hydrology, but he is unsure and noted that it would need to be analyzed specifically by a hydrology engineer. He stated that staff has discussed this and the City should continue to monitor that area after the grading is corrected and if there continue to be problems, then the entire hydrologic model will need to be examined. Councilmember Siakel asked what the cost would be to re-do the hydrologic modeling. Director Brown stated that he would estimate it would cost anywhere between twenty to thirty thousand dollars. Mayor Zerby asked if WSB was willing to take on some of the responsibility for the project costs since they ultimately made a call out in the field that has caused some of these issues. He stated that there have been a lot of staff hours spent on this issue as well as the twelve thousand dollars that was spent to bring in Barr Engineering. He stated that the City puts a lot of faith in the inspectors, especially if they are acting on the City’s behalf and if there is a change to the plan, he feels it should have been reviewed with staff. Mr. Mott stated that in the report from Barr Engineering, on Table 1, it notes that the reinforced concrete was not put in and the proposed invert of culvert number 4 does not match the approved plans. He stated that it clearly shows the difference between the planned height of the pipe being over one foot. He noted that the new pipe is also much shorter in length than the old pipe. He stated that he vehemently believes that this was not built to specs and the as built is clearly different that the plans which someone had to have approved. He stated that it is important to note that he has also personally spent about three thousand dollars of his own money to research this issue and he does not feel he should have had to do that. Director Brown stated that he knows that there were changes made by the field inspector, Mr. Hornby and this change in elevation was approved by him. Councilmember Siakel stated that it appears as though the City knows there is an issue and is relying on the re-grading of the ditch and then it will be a “wait and see” approach, but if there is a solution it should be done now. She stated that she does not want it to turn into a finger pointing activity but there does appear to be some culpability with WSB and some of the people involved but ultimately, the City approved the plans. Councilmember Sundberg stated that she agrees with Councilmember Siakel but feels that there does need to be accountability. Mayor Zerby noted that the City did not approve of the changes because staff did not know about them. Councilmember Siakel asked when the ditch will be re-graded. Director Brown stated that the work would be done next spring. City Administrator Lerud stated that they began work on the ditch today, so the only work in the spring should be restoration work. Councilmember Siakel asked how the City will know that it is working and that re-grading the ditch has been successful. Mayor Zerby expressed his concern that the re-grading work would be done correctly. Director Brown noted that the City could also ask the contractor to go in and modify the height of the storm sewer pipe which he estimates will cost between five and eight thousand dollars. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES NOVEMBER 26, 2018 Page 3 of 4 Mayor Zerby asked if that would be a cost to the developer or to the City. Director Brown stated that is the question and noted that it may get into finger pointing. He stated that the developer may say that the City’s engineer approved the change, so if the City wants changes, it will have to pay for them. He stated that the developer has agreed to pay for the grading change in the ditch and noted that Barr Engineering can inspect the ditch when the work is done to ensure that it was done correctly. He noted that inspection would be a cost for the City. Councilmember Siakel asked if this situation had been discussed with City Attorney Keane to see what legal recourse the City may have. She stated that she would like the work to be done correctly. Councilmember Labadie stated that she is leery of moving forward and then the finger pointing starts, because that will mean legal fees may come into play. She stated that she would also like the work to be done but does not want to involve litigation. Councilmember Siakel stated that she does not think it necessarily means litigation will be involved, but she would like to hear City Attorney Keane’s opinion on the City’s possible recourse in this situation. Director Brown stated that the grading work will continue and staff will contact the developer to request the change in the stormwater pipe to change its height and length. He stated that he will bring more information back to the Council at a future meeting. Mayor Zerby stated that he would also like staff to sit down with WSB to see what their thoughts are on this issue. 3. DRAFT CHASKA ROAD TRAFFIC STUDY City Engineer Fauske stated that a resident approached the Council during and Open Forum this past year regarding traffic concerns on Chaska Road and the Council had authorized a traffic study. She gave a brief overview of the recommendations from the traffic study. She stated that staff is looking for direction from the Council as to which recommendations, if any, they would like to pursue. Mayor Zerby noted that the crash report data referenced is only from 2011 to 2015 and not more recent years. City Engineer Fauske stated that there is a lag time in the availability of the crash data. Councilmember Siakel stated that she feels that some action is warranted and likes the idea of contacting MN Dot. Mayor Zerby stated that he supports a conversation with MN Dot. City Engineer Fauske stated that she has already made note that any improvements recommended need clarification about which ones are Chanhassen and which would fall to the City. Councilmember Labadie stated that this corridor concerns her and is dangerous near the school. She stated that the time of the year and the time of day have a huge bearing on the accuracy of the data collected. Councilmember Sundberg stated that she would like to know the location of the accidents in the report. Mayor Zerby stated that he is not in favor of the driver feedback signs in this area and thinks that there needs to be more of a structural change. 4. ADJOURN Sundberg moved, Labadie seconded, Adjourning the City Council Work Session Meeting of November 26, 2018, at 6:59 P.M. Motion passed 4/0. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES NOVEMBER 26, 2018 Page 4 of 4 ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 26, 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 Labadie, Siakel, and Sundberg; Attorney Keane; City Administrator Lerud; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Johnson, City Clerk Thone B. Review Agenda Labadie moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Canvassing Board Minutes of November 13, 2018 B. City Council Work Session Minutes of November 13, 2018 C. City Council Regular Meeting Minutes of November 13, 2018 D. Approval of the Verified Claims List E. Accept Arctic Fever Event Donations, RESOLUTION NO. 18-119, “A Resolution Accepting Donations to the City of Shorewood for 2019 Arctic Fever Event.” F. Accept Constructed Improvements and Authorize Final Payment for the 2018 Pavement Marking Project, City Project 18-10, RESOLUTION NO. 18-120, “A Resolution Accepting Improvements and Authorizing Final Payment for the 2018 Pavement Marking Project.” G. Accept 2018 Hennepin County Organics Recycling Grant, RESOLUTION NO. 18- 122, “A Resolution Accepting the 2018 Organics Recycling Grant from Hennepin County.” Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 26, 2018 Page 2 of 5 3. MATTERS FROM THE FLOOR - None 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS - None 6. PARKS - None 7. PLANNING A. Variance Request Amendment for Porch at 5885 Glencoe Road for Rick Denman Planning Director Darling explained that this variance had been approved by the Council in September, but when the applicant came in for their building permit, it was discovered that the plan sheets submitted with the variance application indicated different dimensions. She stated that one set of plans indicated a rectangular porch and others indicated a square porch. She noted that she used the plans for the rectangular porch rather than the square porch to draft the staff report and resolution, but the applicant had intended to request the square porch (12 by 12). After the issue was discovered, the request was reviewed by the Planning Commission to make sure they would find the 12 by 12 porch consistent with the variance criteria. She stated that the Planning Commission had once again recommended approval. Sundberg moved, Labadie seconded, to Adopt RESOLUTION NO. 18- 122, “A Resolution rescinding and replacing Resolution 18-87, a Resolution that Approved a Minor Subdivision of Property and Setback Variance for Richard W. Denman for 5865/5885 Glencoe Road.” Motion passed 4/0. 8. ENGINEERING/PUBLIC WORKS A. Accept Proposal for Asphalt Corings with WSB and Associates for Lake Linden Drive Director Brown explained that at the November 13, 2018 work session meeting, Council directed staff to continue with the coring program and include Excelsior Boulevard and Lake Linden Drive. He noted that staff already had corings for Excelsior Boulevard, but not Lake Linden Drive. He stated that staff solicited a proposal from WSB and Associates for corings on Lake Linden Drive and the cost will be $3,240 which includes traffic control. Staff recommends approval. Mayor Zerby stated that he thinks this is something that should continue to be done so the City has data on the construction of the roads before decisions are made. He stated that he would also support this type of expenditure being done at staff’s discretion and not needing to come before the Council every time. He stated that this road had a lot of potholes that have been patched but thinks the patching has made the road even lumpier. Director Brown noted that they have had some staff turnover and a few people out on medical leave who happen to be the most skilled at patching potholes. He stated that there is some training that will be revisited with the crew. Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 18-123, “A Resolution to Accept a Proposal with WSB and Associates to Perform Asphalt Corings on Lake Linden Drive.” Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 26, 2018 Page 3 of 5 B. Approve Plans and Specifications and Authorize Advertisement for Bids for the 218 Sanitary Sewer Lining Project, City Project 18-12, 2018 Inflow and Infiltration Abatement Project Engineer Fauske explained that the City had budgeted $70,000 for inflow and infiltration abatement and in addition to these funds a portion of the project will be eligible for reimbursement from the Met Council. She stated that the plans include working with Excelsior, Minnetrista and Tonka Bay to create a larger scale project to attract more competitive bids. Councilmember Sundberg asked if any of the other cities had approved the specifications yet. Engineer Fauske stated that both Minnetrista and Tonka Bay have both already taken action and believes that Excelsior is scheduled for consideration soon. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 18-124, “A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for 2019 Inflow and Infiltration Abatement Project, City Project 18-12.” Motion passed 4/0. C. Approval of Professional Services Agreement with Barr Engineering for Western Shorewood Drainage Study Director Brown stated that over the years, the City has received a great number of complaints regarding the drainage in the western portion of the City. He stated that WSB and Associates has been able to gather some initial data, however staff felt that the scope of this project warrants enlisting the aid of Barr Engineering because they specialize in stormwater management and comprehensive stormwater studies. He explained that staff had contacted Barr Engineering and asked for a proposal and gave a brief overview of the scope of their services. Staff recommends approval. Councilmember Siakel stated that she thinks this is a very smart thing for the City to do. Mayor Zerby stated that he did not see anything the staff report about working with the Minnehaha Creek Watershed District (MCWD) and asked if Barr Engineering would continue to work in conjunction with them. Director Brown stated that the proposal does detailing ongoing meetings with the MCWD. Siakel moved, Labadie seconded, to Adopt RESOLUTION NO. 18-125, “A Resolution to Approve a Professional Services Agreement with Barr Engineering for the Water Resources Planning and Capital Improvement Planning for Western Portion of Shorewood, City Project 18-04.” Motion passed 4/0. 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Finance Director Rigdon noted that the revenue is expected to exceed expenditures by about $200,000 at year end. He noted that a large part of this number is because the building permits have come in at twice what was budgeted. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 26, 2018 Page 4 of 5 Other Director Brown stated that on Friday, November 23, 2018 there was a reported watermain break on Academy Avenue. He stated that it was Excelsior’s watermain but had happened in front of a house in the City. Mayor Zerby asked about clearance signage for the Community Center. Director Brown stated that the signs have been ordered and will be installed when they come in. Engineer Fauske stated that the contractor has finished work for the reconstruction project for Shorewood Lane, Riviera Lane, and Mann Lane. She gave a brief summary of how the streets look at substantial completion of the project. She noted that the watermain along Riviera Lane has been tested and residents will be notified that it is available for hook-ups. She stated that there is an Open House scheduled for Wednesday, November 28, 2018 for Shady Island and Enchanted Island residents to share some of the preliminary data that has been gathered. She stated that the next Open House will be for the Woodside neighborhood. Mayor Zerby noted that there is a large structure near the pond on Riviera Lane and asked if it would be monitored in the spring to make sure it is functioning properly, since it was changed in the field because the one delivered was incorrect. Engineer Fauske stated that the water resource engineer looked at it to verify it was what he had designed. She stated that staff will continue to monitor it and the water elevations. Mayor Zerby stressed the important of keeping an eye on this structure. He stated that the underground utility work at the corner of Smithtown Road and Christopher Road still needs to have restoration work completed. Engineer Fauske stated that the contractor has been notified and have indicated they will be out shortly to complete the work. Finance Director Rigdon stated that the Truth in Taxation meeting is scheduled for 7:00 p.m. on Monday, December 3, 2018. Director Darling noted that the Comprehensive Plan has been distributed to the adjacent jurisdictions. Administrator Lerud stated that he has begun working on scheduling the 2019 Council retreat and asked the Council to let him know if there are dates that they know will not work. He read aloud a letter the City received from a resident commending the City for the completion of the work on Riviera Lane and for the choice in contractor for the project. B. Mayor and City Council Mayor Zerby stated that there is an apartment project plan in Tonka Bay for four, four-story buildings that will contain one hundred and twenty-five units. He stated that the planned buildings would be twelve feet above their current ordinance. He noted that it is on the Tonka Bay agenda for tomorrow night, if anyone is interested in attending. Councilmember Siakel stated that she had attended the Fire Board meeting and reminded residents that the free movie will be Saturday, December 1, 2018. She noted that they approved their core vision and values statement and it will be available on-line. She noted that the Fire Board received a grant from the State to assist in renovating the building in order to accommodate duty crews. She noted that the City currently has 36 volunteers and asked that if anyone is interested to get in touch. She shared some information on the medical response numbers in the department’s coverage area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 26, 2018 Page 5 of 5 11. ADJOURN Labadie moved, Sundberg seconded, Adjourning the City Council Regular Meeting of November 26, 2018, at 7:38 P.M. Motion passed 4/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk 2C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 3, 2018 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING Mayor Zerby called the meeting to order at 7:05 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, and Sundberg; Administrator Lerud; and Finance Director Rigdon Absent: Councilmember Siakel B. Review Agenda Lerud said the bid for agenda item 2C was not yet received so it will be moved to the December 10 meeting for consideration. Labadie moved, Johnson seconded, approving the agenda as amended. Motion passed 4/0. 2. TRUTH-IN-TAXATION HEARING A. Staff Presentation Finance Director Rigdon walked through the presentation for this hearing. The Truth-in-Taxation requirements are to present the City’s 2019 General Fund Operating Budget and 2019 property tax levy, discuss the budget and tax levy, and to take public comment. Council will be asked to adopt a property tax levy and balanced budget during its December 11 meeting. The City’s portion of the property taxes pay for a number of services funded out of the General Fund. They are four major main operational areas – administration (including finance, planning and zoning, elections, and other miscellaneous services); public safety (police and fire protection); public works; and, parks and recreation. The assumptions used in preparing the 2019 General Fund Operating Budget are as follows. A 3.0 percent tax levy increase over 2018 for General Fund operations and transfers out to reserve  funds. One new half-time administrative position to be part administration and part planning.  Other staffing levels remain the same as 2018.  3.0 percent cost of living increase  A time study for public works employees was conducted and department/fund budgets were  modified for 2019. CITY OF SHOREWOOD SPECIAL MEETING MINUTES December 3, 2018 Page 2 of 3 The City’s General Fund 2019 combined revenues and transfers total $6,273,532 reflecting an increase of $213,997 (or 3.5 percent) when compared to 2018. Property tax revenues are $5,530,322. The breakout of the revenues and transfers is 88 percent from property taxes, four percent from licenses and permits, four percent from miscellaneous revenues, two percent from intergovernmental, one percent from fines and forfeitures, and one percent from charges for services. The property tax assessment and levy timeline for property taxes payable in 2019 was as follows. The market values were established on January 2, 2018. Valuation notices were sent out in March 2018. The Board of Review process to hear appeals on property values took place during April and May 2018. Council discussed the 2019 General Fund Budget and property tax levy from July through September 2018. The City certified its maximum tax levy increase of three percent for 2019 to Hennepin County in September 2018. The County mailed out Truth-in-Taxation notices to property owners in November 2018. The Truth- in-Taxation hearing was being held that evening. The City will certify its final tax levy to the County by the end of 2018. He clarified that this presentation is about the City of Shorewood’s portion of total tax bill which is approximately 28 percent. He highlighted some trend graphs. The taxable market value payable in 2019 will be $1,752,900,982. Tax capacity, a derivation of market value that is calculated by applying a class rate to the market value of a property, with the resulting number is used in calculating tax rates and tax dollars to the property owners will be $19.476,995 for 2019. The City local tax rate for taxes payable in 2018 was 28.635 percent. The 2019 tax rate will decrease to 28.537 which means that the levy increase is less than the valuation increase. Rigdon noted Council will be asked adopt the 2019 General Fund Budget and property tax levy during its December 10 meeting. Council will also be asked to approve the 2019 Enterprise Fund Budgets and the 2019 Capital Improvement Program during that same meeting. Councilmember Sundberg said she appreciated the detail of the presentation. B. Public Comment Mayor Zerby opened the public comment portion of the hearing at 7:22 P.M. Joe Schneider, 21125 Christmas Lane, asked with the recent issues surrounding recycling collection state and nationwide if there would be an increase in the city’s recycling fee. Lerud said that the single hauler for recycling approached the city about an increase, but because the city is not an equity partner with the hauler, the haulers have been concentrating on rates in communities where the city is an equity partner. He said the contract was up in a couple of years and the issue would be visited at that time. Mayor Zerby said the council has been discussing the budget since July and the documents tonight reflect that discussion but asked if there were any questions. There were no questions. 3. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Special Meeting of December 3, 2018, at 7:30 P.M. Motion passed 4/0. CITY OF SHOREWOOD SPECIAL MEETING MINUTES December 3, 2018 Page 3 of 3 ___________________________ Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk #2D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: December 10, 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. 65030 - 650& ACH 29 Total Claims $29 We have also included a payroll summary for the payroll period ending November 25, 2018. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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Background: The City of Shorewood has opted for an Open Book meeting in place of a Local Board of Appeal and Equalization (LBAE) meeting. Hennepin County on behalf of the County Assessor has proposed the date and time for this meeting of Monday, April 29, 2019 from 5:00 p.m. to 7:00 p.m. in the evening. We are required to set the date and confirm with the county so that they may prepare the Notice of Valuation and Classification to the property owners in the city, which will include the date and time for this meeting, in a timely manner. Action Requested: Staff respectfully recommends the city council approve the attached Resolution Setting the Date and Time for the 2019 Open Book Meeting of Monday, April 29, 2019 from 5:00 p.m. to 7:00 p.m. in the evening. Motion, second and simple majority vote required. Connection to Vision/Mission : Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHREWOOD COUNTY OF HENNEPIN RESOLUTION 18-XX A RESOLUTION SETTING THE 2019 OPEN BOOK MEETING WHEREAS, pursuant to Minnesota Statute 274.01, Subdivision 1, the County Assessor must set the date and time for the Local Board of Appeal and Equalization (LBAE) Meeting; and WHEREAS, the City of Shorewood has opted for an Open Book meeting in place of a Local Board of Appeal and Equalization (LBAE) meeting; and WHEREAS , Hennepin County on behalf of the County Assessor has proposed the date and time for this meeting of Monday, April 29, 2019 from 5:00 p.m. to 7:00 p.m. in the evening; and WHEREAS, the city is required to set the date and confirm with the county so that they may prepare the Notice of Valuation and Classification to the property owners in the city, which will include the date and time for this meeting, in a timely manner. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: The 2019 Open Book Meeting will be held on Monday, April 29, 2019 from 5:00 p.m. to 7:00 p.m. in the City Hall Chambers located at 5755 Country Club Road in Shorewood, Minnesota. Passed by the City Council of Shorewood, Minnesota this 10th day of December 2018. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk 2F MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Public Works AFSCME Contract Tentative Settlement Meeting Date: December 10, 2018 Prepared by: Greg Lerud Attachments: Tentative red-lined contract Background: There were two negotiation sessions with the union bargaining committee for a three- year agreement covering 2019 thru 2021. The union unanimously approved the proposed contract. Duration: Effective January 1, 2019 through December 31, 2021 Wages: Wage scale adjusted upward by 3.0% on 1/1/2019 Wage scale adjusted upward by 3.0% on 1/1/2020 Wage scale adjusted upward by 3.0% on 1/1/2021 Insurance: For 2019 – the employer will contribute an additional $50 per month for regular full-time employees For 2020 and 2021 – the employer and union agree to reopen negotiations on this item only Other: Reimburse up to $100 for a pair of rubber boots once for the duration of the contract. Option: 1.Approve contract. 2.Reject contract and renegotiate. Recommendation: Approve contract as negotiated. 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 #2G MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Non-Union Wage Adjustments for 2019 Meeting Date: December 10, 2018 Prepared by: Greg Lerud Reviewed by: Joe Rigdon Attachments: 2019 salary calculations and 2019 salary budget estimate Financial or Budget Considerations: One of the goals of Administration staff for 2018 was to re- examine the salary study that was done in late 2016 and recommend the council formally adopt that schedule. The City Council adopted the attached Table 1 schedule at the March 26 council meeting. The contract with the public works union tentatively agreed to by the union and negotiating team includes a 3.0% increase for 2019. Staff recommends approving a 3.0% increase to the amounts in Table 1. The result of that increase is reflected in Table 2. The Table 2 salary schedule is reflected in the 2019 proposed budget. The total estimated salary cost for 2019 is budgeted to be $1,542,198, which includes the addition of the Finance Director and the new 20-hour administrative position. In addition, the budget calls for an increase of $50 per month per employee toward insurances. You will notice that several of the positions are at the max rate. Those positions will receive the 3 percent increase, but there are no additional steps in that pay range. Staff is working on changing some responsibilities for the positions and will present those to the council early in 2019. Recommendation / Action Requested: The recommend approving the salary adjustments per Table 2 as proposed in this memo. 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 2019 Non-Union Compensation Proposal for Full-time Employee Salary Schedule 2018 2019 Position Grade/Step Proposed Director of Public Works 18/E 18/F Rec. Coord/Admin. Asst. 10/D 10/E Asst. Planner 9/Max 9/Max Communications/Recycling 10/D 10/E Coordinator Sr. Acct. 10/Max 10/Max Planning Director 16/D 16/E City Clerk 12/Max 12/Max Bldg. Official 12/Max 12/Max Admin. Asst. 10/A 10/B Lead Supervisor – PW 11/D 11/E City of Shorewood Council Meeting Item Title/Subject: Accepting Donations to Arctic Fever Event 2H Meeting Date: Monday, December 10, 2018 Prepared by: Sandie Thone, City Clerk MEETING Reviewed by: Twila Grout, Park and Recreation Coordinator TYPE Attachments: Resolution Regular Policy Consideration: Pursuant toMinnesota State Statutes sections §465.03 and §471.17 all donations or gifts of real and personal property, including donations for the benefit of public recreational services, must be accepted by the city council. Background: Thefollowing persons or entitieshave offeredto contribute the cash amounts set forth below, for the purpose of the 2019 Arctic Fever Event being held on January 18 to January 20, 2019: Name of Donor Amount Camp Smile Pediatric Dentistry $100.00 Lucky’s Station $200.00 Financial Considerations: This donations will help to cover expenses incurred for the 2019 Arctic Fever Event. Action Requested: Staff respectfully recommends the city council approve the Resolution Accepting Donations as Delineated in the Resolution to the 2019 Arctic Fever Event and direct staff to send a thank you note to all donors. Motion, second and two-thirds majority vote required. Connection to Vision/Mission : Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN RESOLUTION 18-XX A RESOLUTION ACCEPTING DONATIONS TO THE CITY OF SHOREWOOD 2019 ARCTIC FEVER EVENT WHEREAS, the City of Shorewood is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of their public recreational services pursuant to Minnesota Statutes section 471.17; and WHEREAS, the following persons and entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Camp Smile Pediatric Dentistry $100.00 Lucky’s Station $200.00 WHEREAS, the terms or conditions of the donations are to be used for the 2019 Arctic Fever Event; and WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The donations described above are accepted and shall be used to establish and/or operate services either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donor’s donation. Passed by the City Council of Shorewood, Minnesota this 10th day of December 2018. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk 2I MEETING TYPE City of Shorewood Council Meeting Item Regular Title / Subject: Approving Seasonal Hires: Ice Rink Attendants Meeting Date: Monday, December 10, 2018 Prepared by: Sandie Thone, City Clerk Reviewed by: Twila Grout, Park and Recreation Coordinator Background: The City of Shorewood currently has three parks with skating rinks that provide warming house facilities. The parks are Manor Park, Cathcart Park and Freeman Park. The skating rinks typically open as early in the season as is physically possible with winter conditions for rink flooding. Once the rinks are completed, weather permitting, the warming houses at the three parks are open Monday through Friday from 3:30 p.m. to 9:00 p.m., Saturday from 11:00 a.m. to 9:00 p.m. and Sunday from Noon to 9:00 p.m. and extended hours on planned school closure days such as holidays or workshop days from 10:00 a.m. to 9:00 p.m. In order to operate the warming house facilities at the above parks, the city hires seasonal employees to serve as ice rink attendants. The following people have submitted the necessary application materials, have successfully completed the South Lake Minnetonka Police Department background investigations, and contingent upon successful Children Service Worker Checks which are performed by the BCA, require approval for hire from the Shorewood City Council to commence working in the capacity as Rink Attendants: 1) Mason Koonce 2) Ben Gleason 3) Hayden Matchan 4) Tyler Libert 5) Jonathon Kamrowski 6) Christina Dubois 7) Zachary Hapka 8) Colton Tessness 9) Nathan Gagnon Recommendation/Action Requested: Motion: Staff respectfully requests the city council approve the above list of applicants, contingent upon successful children service worker checks Motion, Second, and Simple Majority with the BCA, for hire as seasonal ice rink attendants. required. Connection to Vision /Mission : Consistency in providing the community with quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2J Title / Subject: Resolution Designating 2019 Polling Places MEETING Meeting Date: Monday, December 10, 2018 TYPE Prepared by: Sandie Thone, City Clerk Regular Reviewed by: Greg Lerud, City Administrator Meeting Attachments: Resolution Policy Consideration: A new state law effective January 1, 2018 requires the governing body of each municipality and each county in the State of Minnesota to designate by ordinance or resolution a polling place for each election precinct. Background: The new law requires each city and school district to designate polling places for 2019 by December 31, 2018. The law requires that a resolution be passed if there are no polling place changes and even if the jurisdiction does not have a scheduled election in 2019. Action Requested: Staff respectfully recommends the city council approve the Resolution Designating 2019 Polling Precinct Locations for the City of Shorewood pursuant to MN statute §204B.16 as follows: Precinct 1: LaBore Residence located at 4445 Enchanted Point, Shorewood, MN 55331 nd Precinct 2: Minnewashta Church located at 26710 West 62 Street, Shorewood, MN 55331 Precinct 3: South Shore Center located at 5735 Country Club Road, Shorewood, MN 55331 Precinct 4: Excelsior Covenant Church located at 19955 Excelsior Blvd, Shorewood, MN 55331 Precinct 5: Cathcart Park located at 3121 Westwood Drive, Chanhassen, MN 55317 Motion, second and simple majority vote required. Connection to Vision/Mission : Consistency in providing residents quality public services, a healthy environment, 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-XX A RESOLUTION DESIGNATING 2019 POLLING PRECINCT LOCATIONS FOR THE CITY OF SHOREWOOD WHEREAS, the City Council of the City of Shorewood, pursuant to Minnesota State Statute §204B.16, is required to designate election precinct polling locations by st resolution or ordinance within the municipality by December 31 of each year; and WHEREAS, the polling places designated in the resolution apply to the following calendar year; and WHEREAS, if the situation arises in the following year that the City of Shorewood needs to change a polling place location in the event of an emergency or if the polling place becomes unavailable MN State Statute §204B.16, subdv.1 allows the city to change a polling place following the required process to do so. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood does hereby designate the 2019 Polling Precinct Locations as follows: Precinct 1: LaBore Residence located at 4445 Enchanted Point, Shorewood, MN 55331 nd Precinct 2: Minnewashta Church located at 26710 West 62 Street, Shorewood, MN 55331 Precinct 3: South Shore Center located at 5735 Country Club Road, Shorewood, MN 55331 Precinct 4: Excelsior Covenant Church located at 19955 Excelsior Blvd, Shorewood, MN 55331 Precinct 5: Cathcart Park located at 3121 Westwood Drive, Chanhassen, MN 55317 ADOPTED by the City Council of the City of Shorewood this 10th day of December 2018 _______________________________ ATTEST: Scott Zerby, Mayor ____________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2K Title/Subject: 2018 General Election Update MEETING Meeting Date: Monday, December 10, 2018 TYPE Prepared by: Sandie Thone, City Clerk Regular Reviewed by: Greg Lerud, City Administrator November 6, 2018 General Election Update: The Primary Election was held on Tuesday, November 6, 2018 at five precincts in the City of Shorewood. The City currently has the following five precincts open for Election Day Voting:  Precinct 1: LaBore Residence at 4445 Enchanted Point  nd Precinct 2: Minnewashta Church at 26710 West 62 Street  Precinct 3: Southshore Center at 5735 Country Club Road  Precinct 4: Excelsior Covenant Church at 19955 Excelsior Blvd  Precinct 5: Westwood Community Church at 3121 Westwood Drive (combined polling place for Cathcart Park with Chanhassen, Carver County which currently has no residents/voters) In addition, the City administers Absentee (Early) Voting at City Hall during regular business hours with extended hours in the week leading up to Election Day. The Absentee or early voting period for the General Election ran from September 21, 2018 through November 5, 2018 in which October 30, 2018 through November 5, 2018 was Direct Balloting (where the voter feeds their ballot directly into the Ballot Counter). Shorewood processed a total of Absentee Ballots as follows: Precinct Number of Ballots Cast Percentage of Total Votes Precinct 1: 35 Absentee Ballots 23.33% Precinct 2: 452 Absentee Ballots 27.33% Precinct 3: 428 Absentee Ballots 28.92% Precinct 4: 656 Absentee Ballots 31.64% Total: 1571 Absentee Ballots 29.33% Voters registered at 7:00 a.m. the day of the General were as follows: Precinct 1: 150 Registered Voters Precinct 2: 1654 Registered Voters Precinct 3: 1480 Registered Voters Precinct 4: 2073 Registered Voters Total: 5357 Registered Voters at 7:00 a.m. on Election Day 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 Voters registering on Election Day (includes Absentee Voters): Precinct 1: 7 Newly Registered Voters Precinct 2: 77 Newly Registered Voters Precinct 3: 83 Newly Registered Voters Precinct 4: 82 Newly Registered Voters Total: 249 Newly Registered Voters Votes counted on Election Day (Includes Absentee Ballots) in Shorewood: Precinct Number of Ballots Cast Voter Turnout Percentage Precinct 1: 134 Voters (85.35%) Precinct 2: 1434 Voters (82.84%) Precinct 3: 1289 Voters (82.47%) Precinct 4: 1814 Voters (83.32%) Total: 4671 Voters on General Election Day (83.32%) City Council Candidate Race: Threecandidates ran for two City Council seats with 4-Year Terms (January 2019 through December 2022) with the results as follows: Candidate: P.1 P.2 P.3 P.4 Total % of Votes Jennifer Labadie2322 44.12 % 68 739 640 875 Katharine “Avi” Mulhern 927 17.61 % 19 251 276 381 Debbie Siakel 1954 37.13 % 72 579 555 748 Write Ins 1 17 24 1860 1.14 % Congratulations! Election Judges and Election Staff: We had 49 Election Judges from the community working the General Election. Many of our judges were newly recruited judges this year and began their experience with the Primary Election in August. They made a great addition to our already experienced and talented team. They picked up things quickly and already are proving to be quite an asset to the team! All of the Shorewood Election Judges were awesome and should be proud of their dedication and hard work! We had five staff members administering absentee voting, working tirelessly behind the scenes in preparing for the election and supporting the election judges on election day. They were terrific – everything you all do is so appreciated! We had Public Works employees delivering voting equipment and setting up the day before and picking up the day after. They were great – we could not do this without them! Our precinct and polling location staff are priceless – their help in pulling off elections cannot be minimized. They were so helpful! I cannot thank everybody enough for their hard work, dedication, and civic- mindedness! What a collaborative and successful community effort! Special Thanks to the following for all of your hard work, positive attitude, and commitment to this year’s General Election: CITY ELECTIONS STAFF PUBLIC WORKS STAFF Brenda Pricco Brett Baumann Twila Grout Brad Mason Julie Moore Chris Heitz Crisy Schmidt Chris Pounder Greg Fasching Andy Eslinger ELECTION JUDGES - PRECINCT 1 ELECTION JUDGES - PRECINCT 2 Carla LaBore Carol Paulsen Lori Schuenke Tena Brandhorst Michael McDonald Lois Berg Pamela McDonald Deb Miller Sue Paulson Diane Klimowicz Shannon Emil Dianne Aslesen Veronica Grover Bill O’Neil Nate Schilling Court Queen Doug LeGault Joe Kapolka LuAnne O’Neil ELECTION JUDGES - PRECINCT 3 ELECTION JUDGES - PRECINCT 4 Laurie Sacchet Marlys Bucher Jane Stein Virgil Smeltzer Peter Wattson Bill Erickson Catherine DeMars James Berdahl Karen Boynton Charles Niles Marilyn Gagne Phyllis Skinner Ralph Ballard Kerry Noyes Marianne Kilker Gordon Levack Matthew Wells Michael Thorsen Ken Huskins Mary Morseth Claudia Ringate Karen Petron Jeanne Schwartz Aaron Olson Patricia Hauser Roxanne Martin Mary O’Keefe Kris Diller Karen Lane Elaine Love Action Requested: No action – Informational Purposes Only Connection to Vision/Mission : Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. City of Shorewood Council Meeting Item 2L Title/Subject: City Hall Closure Meeting Date: Monday, December 10, 2018 MEETING Prepared by: Sandie Thone, City Clerk TYPE Reviewed by: Greg Lerud, City Administrator Regular st This year, December 31 (New Year’s Eve) falls on a Monday and the following Tuesday City Hall is closed for the New Year’s Day Holiday. Although Monday is not a Holiday pursuant to the Personnel Policy many employees have requested the day off and are planning to use a personal day or vacation day and it would be difficult to provide service for those remaining. Many cities have opted to be closed for business on this day providing it falls between the weekend and a holiday and will likely not be busy. Phone and walk-in business is typically very slow the week between Christmas and the New Year Staff is requesting to officially close city hall this year all day on Monday, December 31, 2018. City Hall Staff will be given the option of working that day or using personal, vacation, or accrued comp time for the time off or work that day even though the city will not be open for official business. As established by the Union contract, the Public Works Department will remain open for the full day on Monday, December 31, 2018. City Hall closures are posted on the city website, in the newsletter, and posted on the front door at City Hall. Council Action Requested: Staff is respectfully requesting consideration of amotion authorizing the official closure of City Hall for the New Year’s Eve Holiday on December 31, 2018 and to allow staff to use personal, vacation or comp time for the time off or report to work as usual. Motion, Second and Simple Majority. 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 Council Meeting Item Title / Subject: 2019 Tree Sale 2N Meeting Date: Monday, December 10, 2018 MEETING TYPE Prepared by: Julie Moore, Communications and Recycling Coordinator Regular Reviewed by: Sandie Thone, City Clerk Meeting Background: The City of Shorewood has participated in the Minnetonka tree sale for five years. The program continues to be popular with the residents and the city sold or used all of the ordered trees. In 2019 there will be 5 to 6 pre-selected trees for purchase by the residents at wholesale prices. The city parks department will also be purchasing trees for use in public spaces. All trees ordered are guaranteed free of neonictonoids per the city’s Bee Safe ordinance. The tree sale pick-up is planned for a weekend in May determined by the city of Minnetonka. Timeline: Upon City Council approval, the pre-order form will be in the February 2019 newsletter, advertised on the city website, and through social media until all trees are sold. Council Action Requested: Staff respectfully recommends council approve an expenditure of funds in the amount up to $8,000 for the purchase of trees to be pre-paid for by the city and reimbursed by the residents purchasing the trees at the 2019 tree sale. A motion, second and simple majority is required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 #6B MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: 2018 Year-end Deer Management Program Report Meeting Date: December 10, 2018 Prepared by: Greg Lerud, City Administrator Attachments: Report from Metro Bowhunters Resource Base Background: Following this memo is a report from Gary Anderson from Metro Bowhunters Resource Base for 2018. There were five weekends in this year’s program and three of the days were partially or completely cancelled due to weather. There were 23 properties included in this year’s program. The city will continue to examine the annual program to ensure that it meets the city’s needs as well as balance the need to manage the deer population in Shorewood and protecting private property, with those property owners who do not wish to participate in the program or who do not want any hunting done. Abbreviations for the attached report: AB = Adult Buck, AD = Adult Doe, BF = Buck Fawn, DF = Doe Fawn Financial or Budget Considerations: This program does not cost the city or participating property owners any money. Recommendation / Action Requested: This memo is informational only and no action is needed on the part of the City Council. Next Steps and Timeline: If the council has questions about the program that I am not able to answer, I would be happy to get answers from the program coordinator. On a related note, Three River’s Park District contacted staff to see if there was interest in including the city in the Park District’s 2019 aerial deer survey (should it happen.) Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 2018 SHOREWOOD DEER REMOVAL BY METRO BOWHUNTERS RESOURCE BASE A total of 41 deer were taken by 16 hunters over the course of 12.5 days (5 weekends, ½ day on Friday). This year 7 hunters were put on probation as per MBRB’s shot proficiency policy/ unrecovered deer policy. Again this year as in the past, we were approached by residents not included in the hunt asking us to remove deer from their property. They were directed to the city to be considered for future hunts. Below are 2 charts showing the breakdown of deer taken by hunt period and hunt area (refer to map provided by city). Hunt Deer Period Shots Taken Hit Deer Recovered 1 21 21 18 2 8 8 7 3 8 8 7 4 7 7 6 5 4 4 3 Total 48 48 41 Hunt 1 2 3 4 5 6 8 9 10 12 14 Area 3AD AD Deer 4AD 2AD AB 0 0 0 3AD 1AB 0 0 AB taken 1DF BF 1BF BF BF 0 5 0 0 3 5 3 0 0 2 3 Total Hunt 15 17 18 19 20 21 22 23 24 25 26 27 Area Deer AD 2ADAD 4AD2AD 0 0 AD AD 0 1AD taken BF 1AB AB 3AB 1DF 2 0 0 3 1 1 0 2 0 7 1 3 Total Recommendations: Continue searching for new areas with high deer concentration. Look for properties in the northeast corner around Manor Road. Look for additional properties on Enchanted Island. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, NOVEMBER 20, 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, Eggenberger, and Riedel; Planning Director Darling; and, Council Liaison Johnson Absent: Commissioner Gorham 1. APPROVAL OF AGENDA Eggenberger moved, Davis seconded, approving the agenda for November 20, 2018, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES  October 30, 2018 Davis moved, Reidel seconded, approving the Planning Commission Meeting Minutes of October 30, 2018, as presented. Motion passed 4/0. 3. PUBLIC HEARINGS – None 4. OTHER BUSINESS A. VARIANCES FOR SETBACKS AND HARDCOVER Applicant: Douglas Thesingh Location: 28015 Woodside Road Commissioner Eggenberger noted that there was a memorandum distributed just prior to the meeting regarding this application. Director Darling explained that this application for setbacks and hardcover is for the applicants to add a front and side porch to their home. She explained the variances that had been granted to previous owners and reviewed the current variance requests. She stated staff has reviewed the request according to the zoning regulations criteria and found that the setback requests meet the requirements however, the hardcover request does not. She noted that the City has received one letter of support from the property owner to the east. Commissioner Reidel confirmed that the plans as presented are to increase the non-conformity of all three requests. He asked for more information about why staff was recommending approval of the setbacks and not the impervious surface. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 20, 2018 Page 2 of 5 Director Darling noted that the house and the gazebo were approved to be exactly where they are, so they are conforming. She stated that the City has been looking at considering some code amendments to allow covered porches or porticos within a front yard or a side abutting a street. She stated that this variance request is very similar to others the City has approved. She stated that the variance request does not appear to be impactful either to the neighbor to the east or to the public street. Amie Thesingh, 28015 Woodside Road, stated that their request is to continue an existing deck and create a wrap-around porch. She stated that they are pleased that staff is recommending approval of the setback request, but questions the problem with the impervious surface variance. She noted that she had typed up a memo for the Commission to consider prior to the meeting. She gave a brief summary of what information she included in the memo surrounding the efforts they made to decrease the impervious surface amounts on their lot. She stated that they had also spent a lot of time improving the water run off situation by including French drains, drain tile, and intensely planting the lot in order to hold the soil in place. She stated that she thinks the location and size of their lot creates a unique situation since they have wide setbacks on two sides of their property. She asked that staff reconsider the effort that was made to come up with the absolute minimum variance for impervious surface of 25.9 percent instead of 25 percent. Chair Maddy asked how much work had already been completed. Ms. Thesingh stated that the driveway, landscaping, the culvert, and all the water management pieces are already in place. She stated that they have holes for the footings of the porch and are hoping the variance will be granted in order to move forward before the ground freezes. Chair Maddy confirmed that the applicants had removed 216 square feet of bituminous material off of the public right of way. Commissioner Reidel stated that the applicants are missing the target by such a small amount and asked if there wasn’t a place where those extra few feet could be recovered. Ms. Thesingh stated that they narrowed the driveway and made the turn around as small as possible. She stated that the drawing is not as accurate as the aerial photograph and noted that the arc is not as pronounced as it appears, so there isn’t really room to cut it down anymore. She noted that their goal was not to apply for a variance at all and noted that they shaved everywhere they can. She explained that a standard porch is eight feet wide and theirs is proposed to be six feet on the side and seven feet on the other side. She noted that they had just purchased the home on November 1, 2017 and bought it with the plan to make these outdoor improvements and were not aware of the restrictions and feel that they have worked hard to get meet the standards. Director Darling asked whether the gravel sidewalk that was installed was compacted gravel. Mr. Thesingh stated that she isn’t sure of the name, but they had taken the concrete sidewalk out and tried to create something permeable with crushed rock. Commissioner Davis asked how much of the lot to the east had impervious surface because there is a tennis court on the lot. Director Darling noted that the neighboring property was originally subdivided as two parcels and were later combined. The tennis court was installed prior to the adoption of shoreland regulations. Douglas Thesingh stated that his understanding is that the concrete patio in the back is covering a former pool, however he doesn’t know what is underneath it. He stated that the patio height matches the height of CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 20, 2018 Page 3 of 5 the main floor of the house and in order to replace it with a deck they would have to excavate a pit right next to the home foundation. Commissioner Reidel asked what the real practical difficulty is in shaving a little bit off the driveway. Mr. Thesingh gave an overview of the ways the material could be shaved off and why they are not practical or workable. Commissioner Reidel reiterated that he didn’t think it would be that difficult to shave enough off to meet the impervious surface requirements. Mr. Thesingh stated that all of the other homes in their area have much larger lots, so it has been easier for them to meet the impervious surface requirements because they have much more room to work with. He stated that he thinks their lot size is unique and doesn’t think the accommodations they are seeking from the City are unreasonable and feels their plans will improve the aesthetics of the neighborhood. Commissioner Davis suggested making the side porch only 5 feet wide since it will primarily be used as a walkway. Ms. Thesingh stated that they were trying to match it up to the existing deck and use the existing footings and doesn’t think this change would get the needed 49 square feet. Commissioner Reidel suggested that perhaps they could demolish about six feet of the existing concrete patio and install plantings. Eggenberger moved, Davis seconded, to recommend approval for the variance request for setbacks at 28015 Woodside Road. Motion passed 4/0 . Commissioner Eggenberger stated that he believes the applicants have really done a lot of work to try to meet the impervious surface requirements. He stated that he likes that they made the drainage area to help with water runoff. He stated that he will vote to approve the variance request. Eggenberger moved, Davis seconded, to recommend approval for the variance request for impervious surface at 28015 Woodside Road . Chair Maddy noted that looking at the landscaping and the 216 square feet of impervious surface that was already removed they are moving towards being more conforming. Motion passed 3/1 (Reidel). Director Darling noted that this will come before the Council on December 10, 2018. B. SETBACK VARIANCE FOR AN INGROUND SWIMMING POOL Applicant: Tim and Sally Butler Location: 6035 Spruce Hill Court Director Darling explained that this request is for a fourteen-foot setback for a patio and a twenty-foot setback for a pool. She reviewed the zoning criteria for granting a variance and noted that staff finds they have not met the tests for practical difficulty and are recommending denial of the variance request. Tim Butler, 6035 Spruce Hill Court, noted that they had moved to the City about a year and a half ago and he did not think to read all the zoning rules and policies before they purchased the home. He stated that his CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 20, 2018 Page 4 of 5 family would really like to have a pool and the location they are proposing makes it not visible to anyone from the street because it is directly behind the house and noted that there is also a lot of tree cover. He noted that he didn’t think that the pool would have a negative impact on the aesthetics or the property value of the nearby properties and thinks having a pool in his backyard is a reasonable request. Commissioner Reidel clarified that Mr. Butler was asking for a 20 x 44-foot swimming pool and asked whether he had considered a smaller pool. Mr. Butler stated that he had briefly considered a small swim spa type pool but they have a lot of kids and ultimately decided a pool that size would not be the best fit. Aaron Lutz, stated that he is a resident but also a pool contractor and noted that the well is in the side yard, so that location would also not be possible. Commissioner Davis asked if the green space buffer Mr. Butler referred to as part of the Minnetonka Country Club was secure and no one would ever develop in that area. Director Darling noted that it is not secure, there is a drainage and utility easement in place. She showed lots that could have homes built on them as part of the Minnetonka Country Club development. Commissioner Reidel stated that there is nothing unreasonable about wanting a pool, he just is not sure it fits on this lot and this variance request is significant. Reidel moved, Davis seconded to recommend denial of the setback variance request for a pool at 6035 Spruce Hill Court. Motion passed 4/0. Director Darling noted that this will be on the Council agenda for December 10, 2018. Mr. Lutz asked for clarification that the denial was because of the size of the pool. Commissioner Reidel clarified that it was not necessarily the size, just that a pool doesn’t fit this lot. Ms. Butler stated that their lot is almost an acre and doesn’t have a home in site and the setback requirements in the City are much more than surrounding cities. Commissioner Reidel suggested they consider moving their well and locating the pool in the side yard. Ms. Butler stated that their original proposal has the pool behind the house so nobody driving by can see it and putting in the side yard allows everyone to see it. Chair Maddy noted that the Planning Commission has to treat everyone the same and noted that they are just a recommending body and the Council will make the ultimate decision. Applicant: Richard Denman Location: 5865 Glencoe Road Director Darling noted that in August, the Planning Commission had recommended approval of a lot division and setback variances to allow a new home to be constructed on the south half of the property. She explained that some of the plans indicated a rectangular screened porch and some indicated a square screened porch. She stated that the staff report showed a 10x13 porch and the applicant requested a 12 x 12 porch and at the time of the meeting, she didn’t realize that the Planning Commission and the applicant were referencing two different sized layouts. She explained that the staff recommendation would not have CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 20, 2018 Page 5 of 5 changed based on the different sizes and noted that before sending the final resolution to the Council, she wanted to make sure that the Planning Commission recommendation also would not have changed. She reminded the Commission that their original vote on this variance from August 28, 2018 was three in favor, one opposed. Chair Maddy stated that he was not present at the meeting and asked for a brief overview of the discussion about why this was not considered self-created. Director Darling gave an overview of the discussion and the setback requirements in the area. Eggenberger moved, Davis seconded, to recommend approval of the revised setback variance request for the property located at 5865 Glencoe Road. Motion passed 4/0. 5. MATTERS FROM THE FLOOR - None 6. REPORTS • Council Meeting Council Liaison Johnson reported on matters considered and actions taken during Council’s November 13, 2018, meeting (as detailed in the minutes for that meeting). • Draft Next Meeting Agenda Director Darling stated at the next meeting there is a minor subdivision and a PUD application. • Commissioner’s Terms Expiring Director Darling stated that there are two commissioners (Maddy and Davis) whose term is expiring and noted that she had included an application in the packet with the hopes that they will resubmit to serve on the Commission. She stated that the City will be advertising the openings and the Council will consider all applications. • Update Liaison Schedule Director Darling asked for volunteers to serve as liaison for the next few months at the Council meetings. December – Eggenberger January – Davis February – Eggenberger March – Gorham April – Reidel May - Maddy 7. ADJOURNMENT Reidel moved, Davis seconded, adjourning the Planning Commission Meeting of November 20, 2018, at 8:36 P.M. Motion passed 4/0. #8B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Doug and Amie Thesingh –Variances for setbacks and Impervious Surface at 28015 Woodside Road Meeting Date: December 10, 2018 Prepared by: Marie Darling, Planning Director Reviewed by Patti Helgesen, Assistant Planner Review Deadline: January 23, 2018 Attachments: Letter Submitted by Applicant Planning Staff Memorandum Resolution Policy Consideration: Should the City grant variances to allow a porch addition? Background: See attached memorandum for detailed background on this item. At the November 20, 2018 meeting, the Planning Commission unanimously recommended approval of both the requests. The applicant was present at the meeting and submitted the attached letter; one resident requested to speak and indicated support for the project; and another submitted a supportive letter, which is attached to the Planning Staff Memorandum. Financial or Budget Considerations: The 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 Doug and Amie Thesingh for property located at 28015 Woodside Road, 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. S:\Planning\Planning Files\Applications\2018 Cases\Thesingh VAR Woodside\CAF 181120.docx Thesingh Family 28015 Woodside Road • To: Shorewood Planning Commission, Mayor and City Council From: Arnie and Doug Thesingh Re: Variance request for setback and impervious surface coverage N � 2018 SOREWOO CITy.OF H D We have reviewed the Memorandum from the Planning Director, Marie Darling, and while we are thankful for the setback variance support, we respectfully request reconsideration with regard to the impervious surface recommendation to maintain the current 25.7% status versus the proposed 25.9%. The rationale, as we understand it, is that we did not make the minimum amount of effort to conform. (For example, we could have made a smaller driveway or eliminated an existing patio.) Please note that the variance request was made AFTER we had done all we reasonably could to address the ordinance requirements. The initial design had us well over 28% impervious surface: To be able to judge amount of effort, you would need to start with the first proposal. From that perspective, we already eliminated 2.5% and need a variance for the last 0.2 %. Let us directly address the two comments in relation to the "letter of the law" and why we are requesting the 0.2%: Patio — the back patio is in use, and from what we were told it was put in place to cover over a pre- existing pool. Eliminating the patio is not an option. The first proposed landscape design had us increasing the patio size to almost double (600 sq ft). We eliminated the increase from our design due to the ordinance constraints. Driveway — The driveway in existence at the time of purchase (Nov 1, 2017) had a larger circular shape with entry at 2 points. This shape includes asphalt located in the easement section of the property on 2 sides. The new driveway design eliminates the westerly section of the drive, including 260 square feet of asphalt in the easement (as calculated by the survey company — see attached). This removal of impervious surface does not count in the new calculation. If it did, we would be well below the 25 %. The memo from the commission also notes the surface of the driveway located on our property has changed from 1,470 to 1,547 square feet — a difference of 77. This is deceptive because the driveway is defined differently in each of the surveys. In the original as- built, the concrete walk section in front of the garage is counted in the "concrete walk" line item, while for the newly built driveway that section is included in the "concrete driveway" line. The numerical comparison referenced is not like- for -like. Finally, the driveway was designed for the minimum amount of space needed to enable a large vehicle to back out straight out of the garage and make the turn to exit without driving on the grass. The'previous asphalt drive did not allow for that. To exit we had to back out on to the lawn, which is a faulty design. The first new driveway proposal we evaluated was much bigger, but we deliberately modified the design to make the impervious surface area as small as possible while maintaining a usable structure. These concessions would not have been seen by the Planning Director as they occurred before the variance request. Other hard surface — we removed the existing concrete front walk and replaced it with crushed rock (permeable surface) to help reduce the impermeable surface percentage. The net results of our driveway efforts (with consideration for the section classified as concrete walkway) do not indicate an increase. After all of our efforts, the net variance request is for an additional 49 sq ft under porch cover — an incremental change of less than 0.5% of the total impervious surface — .which is the minimum required after much effort. In addition to the above discussion about the 25% calculation, we would like to provide additional context on our efforts to address the "spirit of the law" The main drivers of the impervious surface restrictions appear to be two -fold: aesthetics and water runoff. Aesthetics —the design we implemented vastly improves the look of the property, according to the neighbors in the community — not just us. The final comprehensive landscape design includes the planting of 63 trees (the majority above 6 ft tall) and 252 full -sized perennials. The property is not viewable from the lake. Water runoff and soil retention — Given that the property is not on the lake and still zoned as shoreland, we focused on water runoff as a primary consideration. Our final design for the land includes extensive water management investments made to improve runoff patterns and ensure good soil retention. The key features include: • Creation of a designated drainage area on the east side of the property. This area has a lower center elevation and is bordered with small boulders to contain high water. • Addition of a 120 ft french drain and dry creek bed along the lower edge of the property and a culvert under the driveway to channel runoff from the yard into the drainage area. • Addition of 280 ft of drain tile to channel water from other parts of the yard and the gutters to the drainage area. • Aforementioned trees and plants that hold soil with their root systems. Incremental cost paid for water management features (not including plants): $11,110. Beyond our attempts to adhere to the letter and the spirit of the ordinance, we believe we have grounds for a variance under the provision that our "plight is unique to the property ". As you can see from the plat map attached to the Memorandum from the Planning Director, the lot at 28015 Woodside is significantly smaller than those surrounding it. Also, the lot is on a corner which means there are large easements on two sides; we are the only lot in the immediate shoreline zone that has this issue. When combined, these factors severely restrict the available lot size and therefore greatly impact the percentage calculation. In summary, we have done our best to limit the impervious surface request to the minimum amount of variance needed — and adhere to both the letter and the spirit of the ordinance at significant personal expense. We have a plight that is unique to the property, and our porch request is for reasonable use in keeping with the essential character of the locality. We respectfully ask that you please grant us the 0.2% (49 sq ft) variance to allow us to complete our project. Thank you for your time and support. 4 Page 2 BACKGROUND Context: The lot was created in 1952 as part of Registered Land Survey No. 122. In 1983, a former property owner received a variance to add an addition to the home at just under 25 feet from the front (west) property line and another to construct a gazebo and deck at 24 feet from the rear (east) property line where 50 feet was required. In 2016, the previous home was demolished and the existing home was constructed at the same setbacks. As part of the demolition of the home, the previous owner removed a pool and reduced the impervious surface on the property to 25.7 percent. Section 1201.03 Subd. 1. F. states that “A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.” Consequently, a variance would be required to increase impervious surface on the property. The applicant has proposed 49 square feet of additional impervious surface coverage over the amounts approved in 2016 with the house construction. ANALYSIS In their narrative, the applicants said that their request is to improve the look of the home and add a covered porch to the home that would wrap around the north and east sides of the home. Setbacks Required Existing Proposed Side abutting a public street (north) 50 ft. (min.) 56 ft. 49 ft. Rear (west) 50 ft. (min.) 38.4 ft. 32 ft. *Variance Requested Impervious Surface Coverage Required Existing Proposed Impervious Surface Coverage 25 % (max.) 25.7% 25.9% VARIANCE ANALYSIS The zoning regulations allow for variances upon showing that practical difficulties exist and that the request is consistent with the intent of the regulations. Section 1201.05 Subd. 3. a. of the zoning regulations sets forth criteria for the consideration of variance requests. Staff reviewed the request according to these criteria, as follows: 1.Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the property for residential purposes and proposes no uses on the site that would be inconsistent with either the intent of the residential land use classification or the district’s allowed uses. Page 3 2.Practical difficulties: Practical difficulties include three factors, all three of which must be met. Staff finds that the practical difficulties for the property are related to the original construction of the home. a.Reasonable: Construction of a covered porch on the street side of a home is a reasonable use of the property. b.Self-Created: The owners did not create the existing situation, they bought the home after it was constructed based on the previously approved variances. The owners do not own any adjacent property and cannot enlarge the lot. However, between 2016 and 2018, the driveway was altered and increased in size from 1,470 to 1,547 square feet. Also, staff notes that the applicant has a concrete patio on the south side of the home. Either the patio could be removed or the driveway reduced in size to decrease impervious surface coverage. The proposed increase in impervious surface coverage from 2016 is 49 square feet. c.Essential Character: The porch addition is not likely to alter the essential character of the area. 3.Economic Considerations: The applicants have not proposed the variance based on economic considerations, but to create a home that meets their family’s needs. 4.Impact on Area: The property owners are not proposing anything that would impair an adequate supply of light and air to an adjacent property, increase the risk of fire or endanger public safety, or increase the impact on adjacent streets. 5.Impact to public welfare and other improvements. The applicants’ proposal is unlikely to impact or impair adjacent property values or the public welfare. 6.Minimum to alleviate difficulty. Staff finds that the variance request is not the minimum action necessary to alleviate the practical difficulty in regards to the impervious surface coverage, but find the applicant has proposed the minimum action to alleviate the practical difficulty for the setbacks variances. FINDINGS/RECOMMENDATION Staff finds the setback variance proposed meets the criteria above, but the variance for impervious surface coverage does not. Consequently, staff recommends approval of the setback variance with the condition that the applicant reduce the impervious surface on the property to no more than what was approved in 2016 when the home was constructed (25.7 %). Staff notes that the standards are open to interpretation and the Planning Commission could reasonably find otherwise. ATTACHMENTS Location map Correspondence Received Applicants’ narrative and plans S:\Planning\Planning Files\Applications\2018 Cases\Thesingh VAR Woodside\PC memo 11 20 18.docx Thesingh Variance Request Application for Variance 1. Description of Request: We, the Thesinghs of 28015 Woodside Rd, request a variance'to the setback and impermeable cover ordinances. We request relief from the setback ordinance to allow the extension of an existing deck to a new porch on the front of the house, which will create visual continuity to the style. We request relief from the impermeable cover ordinance to allow an increase of 0.2% (from the prior existing coverage of 25.7 %) to add a roof to the proposed porch. The new design incorporates removal of 260 sq ft of asphalt driveway in the easement; this area is not within our property line so the impermeable surface improvement does not factor into the coverage percentage. If the asphalt removal is considered, the resulting impermeable coverage would drop to 25.1% - an improvement over as built. 2. Practical Difficulties to Compliance: a. The proposed changes are reasonable property improvements, done for the use and appearance of the house as a residence. These changes would greatly improve the aesthetic character of the facade and allow residents to enjoy the outside of the house in sunny or inclement weather. b. The house was bought as -is by us from the builder on November 1, 2017 and all existing conditions were inherited with the house. L The proposed addition of a covered front porch and connection to the existing side deck are relatively minor extensions to the house footprint, however, the site of the existing structures as purchased (including house, gazebo, patio and driveway) already encroach into the setback area on two sides - and are very close to the setback area on another. ii. The 0.5 acre lot is quite small relative to the 1+ acre surrounding properties on Woodside Road. The useable area of the lot is further reduced by deep road easements on two sides. This particularly impairs the property with respect to impermeable surface requirements due to the resulting small lot area and the inability to consider the uncovered easements into the overall area. iii. The proposed porch addition does not alter the essential character of the locality, being architecturally complementary to the theme of the house, remaining consistent with prior existing elements such as the deck, gazebo and small overhanging roofs on the house, and being similar to other properties in the neighborhood having front sitting areas. 3. Economic and Other Considerations: the proposed porch and landscaping additions were made to add functionality and beauty to the house and lot. The design keeps with the wooded nature of the locality, minimizes incremental impermeable area, and enables the safe navigation of a descending road corner. The submitted design was not developed using economic considerations; in fact additional expense has been incorporated to enhance the water drainage system, limiting the run -off that underpins the spirit of the impermeable surface ordinance. '•, i i r ^' c F� {'r: i w, Thesingh Variance Request N ; In addition to the cost of drainage, keeping the porch to a minimum size comes with another economic burden to us (the owners). The cost of the submitted design will be the same as that for a slightly larger porch, as lumber comes in gft boards while our design call for 7ft depth. 4. Impact to Adjacent Properties: The proposed variance would not impact the supply of air and light to adjacent properties. The additions to the exterior of the house are minimal, open sided and limited to a short side and part of a long side of the existing house within the wooded portion of the lot. Street congestion would not be impacted by this change as it remains well away from the road. Fire danger and access by public safety functions are not affected by this change. 5. Impact to Public Welfare: The increase of impermeable surface from 25.7% to 25.9% would be a negligible change to the ability of the property to absorb and retain precipitation, particularly in light of the adjacent road easement area which naturally receives any runoff not absorbed by the ground within the property lines. The lot has several features to impede and control run -off, including a well- draining sand and loam soil mixture. The proposed landscape design also includes new features such as a drainage and culvert system that channels excess run -off under the driveway to an existing low -spot on the property where it can be contained and absorbed. Further, the new driveway design reduces the overall impermeable area by approximately 500 sq. ft, of which 260 sq ft are located in the easement. 6. Efforts to Minimize Variance: The increase of impermeable surface area is primarily a function of adding the covered porch. Several efforts were made to minimize this impact to only 0.2% of the allowable lot. In addition to the aforementioned reshaping of the driveway to increase uncovered surface, the design of the porch was made to minimize the square footage under cover and thus additional impermeable area. The design is now at the minimum amount of space required to be functional, allowing for sitting chairs with just enough room to pass in front of them. The side decking is even narrower as it is intended as a walkway with design continuity, and not for seating. The submitted design for the porch thus represents the minimum additional area required to add a functional porch. Minimizing the size of the porch also aids with limiting the encroachment of the structure into setback areas. The minimal functional porch extends not more than 3 feet into the setback area, and then only for a limited portion of the house rather than its entire length. No further encroachment beyond existing and grandfathered structures is needed for the side facing our nearest neighbor, and they have provided a signed letter indicating they find the proposed changes acceptable to them. September • 1 a Woodside Rd Shorewood, To whom it may concern: We have discussed the proposed extension of the existing side deck with our neighbors Doug and Arnie Thesingh at 28015 Woodside Rd, Shorewood, MN 55331. We are comfortable with them extending the existing deck to a new porch on the front of the house and the addition of screening plants and trees nearby. Cordially, 3 rT„ ,gym E I I� I � � I IZEI- b5E-Zl9 I WOJINVOO-0OMUCI IEESS NW'OOOM3NOHS OVOB 3O15O0OM S 108Z 1D3f ®8d HN91SNI r I trj 3 � rd E o u i a� w S g�° � ,S S C# R �'� t'�p s I I� I � � I IZEI- b5E-Zl9 I WOJINVOO-0OMUCI IEESS NW'OOOM3NOHS OVOB 3O15O0OM S 108Z 1D3f ®8d HN91SNI r I ffrf`;� -3 I o s Qd I I 1y a �n� ffrf`;� -3 I o s Qd I I 1y y B.M. ® Top .; 982.0 t/I Q 1� °P \e \0 .,, 1�oP \e I V i I n ~ x248 O9 819,1 189 h N sting = 9 79. 7 � 6 980.0 h g1� —Conc. Pad N e \deb ti 9 0�� qb (� x Bituminous Driveway Conc. Walk 979. Built Woodside RDciC� - - - -x9? Prepared for 6� Matt Wagoner 96, l?9 N 87'18'37" W 140.27 (meas.) 140.5 (plat) I f,> 2.f{ k 9 — 1 6`?9 \e I LO 0 oP e i Trc Conc. Patio 9> Porch the -979.9 TOF= 979.8 GFE =979.1 FE= 974.4• RW -- \e l�,04 l�oP \e �x x \ g 9� x 984. N 87 22'43" W 161.60 (meas,) 0 162.3 (plat) ICI Well gx 9$� !A °Q \e 12 M N0 CO 0 r3 / - - - - - -- 38.4 --- "--- rr--- ---"' "' Qj a / TRW j� �` g1g• `3 °t / 0\h V \o9 q) cn l�oP 1 Q 02� ebo -- 24.1 -- 011, - �7 ix -90 rjL/, �,,f g82...1 b \oP d 50 I N I I I I 1 I gad. i Fence - ---- 20 °µ � Legend Found Iron Monument x 000.0 Existing Elevation 0 Tree Hardcover Located 7125116 (so. ft.). House 6 Porch 58 gate 1,470 x 266 Concrete Pad 11 Gazebo 223 Ret. Wall Steps 31 Deck & Steps 225 Concrete Patio g�k$x N I N 9$� Bituminous Driveway Conc. Walk 979. Built Woodside RDciC� - - - -x9? Prepared for 6� Matt Wagoner 96, l?9 N 87'18'37" W 140.27 (meas.) 140.5 (plat) I f,> 2.f{ k 9 — 1 6`?9 \e I LO 0 oP e i Trc Conc. Patio 9> Porch the -979.9 TOF= 979.8 GFE =979.1 FE= 974.4• RW -- \e l�,04 l�oP \e �x x \ g 9� x 984. N 87 22'43" W 161.60 (meas,) 0 162.3 (plat) ICI Well gx 9$� !A °Q \e 12 M N0 CO 0 r3 / - - - - - -- 38.4 --- "--- rr--- ---"' "' Qj a / TRW j� �` g1g• `3 °t / 0\h V \o9 q) cn l�oP 1 Q 02� ebo -- 24.1 -- 011, - �7 ix -90 rjL/, �,,f g82...1 b \oP d 50 I N I I I I 1 I gad. i Fence - ---- 20 °µ � Legend Found Iron Monument x 000.0 Existing Elevation 0 Tree Hardcover Located 7125116 (so. ft.). House 2,777 Porch 58 Bituminous Driveway 1,470 Concrete Walk 266 Concrete Pad 11 Gazebo 223 Ret. Wall Steps 31 Deck & Steps 225 Concrete Patio 308 5,369 Lot Area 20,920 Percent Hardcover 25.79 Description (supplied by client] Tract B, Registered Land Survey No. 0122, Hennepin County, Minnesota. Property Address: 28015 Woodside Road Shorewood, MN 55331 PID No: 31-117-2J-13-000,3 N aw O O l m o� J Q O O � j b U '0 U .'; C �=abd m •co�Q � b a gCLb V O c ,o 0 N m T 1 b Q LO U O I� b rn O � r� U N a I � rn � U 3 3 3 N N � G N .91 3 o A N \ 'a c• W N D � m D O C o S � N I N aw O O l m o� J Q O O � j b U '0 U .'; C �=abd m •co�Q � b a gCLb V O c ,o 0 N m T 1 b Q LO U O I� b rn O � r� U N a I � rn � U 3 3 3 Thesingh Residence Shoreview, MN 55331 IMPORTANT GENERAL NOTES: THESE PLANS ARE PROVIDED FOR GENERAL DESIGN& CONSTRUCTION PURPOSES ONLY. THE ARCHITECT DOES NOT WARRANT ANY MATERIAL, DESIGN DETAILS, COSTS, CONSTRUCTION METHODS, EQUIPMENT, HARDWARE, ETC. WHETHER IMPLIED OR EXPLICITLY NOTED ON THE DRAWINGS. THE INFORMATION CONTAINED IN THIS PLAN IS INTENDED TO SHOW DESIGN INTENT ONLY, AND BASIC FRAMING. IT IS THE GENERAL CONTRACTORS RESPONSIBILITY TO USE STANDARD INDUSTRY APPROVED CONSTRUCTION PRACTICES THAT WILL INSURE A SAFE, STRUCTURALLY SOUND AND WATERPROOF HOME. THIS HOME WILL BE BUILT TO COMPLY WITH OR EXCEED THE LATEST EDITION OF THE INTERNATIONAL BUILDING CODE(IBC)AND/OR THE LOCALLY APPROVED BUILDING CODE. ALL CODES SHALL HAVE PREFERENCE OVER ANYTHING SHOWN, DESCRIBED, OR IMPLIED ON THIS PLAN WHERE SAME ARE AT VARIANCE. 1. OWNERS RESPONSIBILITY: PRIOR TO CONSTRUCTION THE OWNER WILL DETERMINE THAT THIS PLAN MEETS THE OWNERS NEEDS AND DESIGN EXPECTATIONS -ANY DESIGN QUESTIONS SHOULD BE DIRECTED TO THE ARCHITECT/ DESIGNER FOR CLARIFICATION OR CORRECTION. 2. DIMENSIONS & ERRORS: THE GENERAL CONTRACTOR AND OWNER WILL BECOME FAMILIAR WITH ALL DESIGN ASPECTS OF THESE PLANS, ANY QUESTIONS WILL BE CLARIFIED BY THE ARCHITECT/ DESIGNER PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND IS RESPONSIBLE FOR ERRORS NOT REPORTED. DO NOT SCALE DRAWINGS. J. MODIFICATIONS: ANY CHANGES TO THE PLAN ARE TO BE MADE BY A QUALIFIED PROFESSIONAL ARCHITECT, ENGINEER, OR RESIDENTIAL DESIGNER. THE ORIGINAL DESIGNER WILL NOT BE RESPONSIBLE FOR MODIFICATIONS MADE TO THIS PLAN. 4. CHANGE ORDERS: ALL CHANGES TO THE CONSTRUCTION AND DESIGN OF THIS PLAN WILL BE DONE WITH WRITTEN CHANGE ORDERS SIGNED BY THE OWNER AND GENERAL CONTRACTOR. THE CONTRACTOR WILL BE RESPONSIBLE FOR ANY COSTS TO ADJUST CHANGES MADE TO THE CONSTRUCTION THAT ARE NOT APPROVED BY A WRITTEN CHANGE ORDER. S. DETAILS: ALL IMPORTANT DESIGN DETAILS SUCH AS CORNICE, DORMERS AND PORCHES, ETC. SHALL BE FOLLOWED AS ON THE PLANS. ANY DESIGN CHANGES WILL BE ACCOMPANIED WITH SUBSTITUTE DRAWINGS PROVIDED BY THE CONTRACTOR FOR THE OWNERS APPROVAL. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR ALL EXPENSES TO ADJUST UNAUTHORIZED C HANGES TO THE ORIGINAL DESIGN DETAILS. 6. FLOOR ELEVATIONS: PRIOR TO CONSTRUCTION, THE GENERAL CONTRACTOR WILL STAKE OUT ON THE LOT -THE HOUSE, DRIVEWAY, AND FIRST FLOOR AND GARAGE FLOOR ELEVATIONS FOR THE OWNERS APPROVAL. THIS WILL BE ACCOMPANIED WITH SITE PLAN APPROVED IN WRITING BY THE OWNER. T. OWNERS APPROVAL: ALL MATERIAL FINISH AND COLOR SELECTIONS SHALL BE APPROVED BY THE OWNER PRIOR TO CONSTRUCTION. ROOFING, EXTERIOR FINISHES; (BRICK SIDING, STUCCO, STONE, ETC.), AND WINDOW SAMPLES WILL BE PROVIDED TO THE OWNER FOR APPROVAL BEFORE ORDERING. VERIFY FIREPLACE SIZE(S) AND SPECIAL ITEMS SUCH AS SPA TUBS, ETC. BEFORE CONSTRUCTION. C SQUARE FOOTAGE CALCULATIONS: THE ACTUAL SQUARE FOOTAGE IS CALCULATED AS THE HEATED, FINISHED INTERIOR SPACE. THIS DOES NOT INCLUDE, PORCHES, UNFINISHED BASEMENTS, OR UNFINISHED BONUS ROOMS. VAULTED OR TWO -STORY SPACES SUCH AS GREAT ROOMS, FOYERS, AND STAIRS ARE CALCULATED ONCE- ON THE FIRST FLOOR ONLY- SHEET INDEX AO.00 COVER SHEET A1.01 FOUNDATION PLAN A1.02 MAIN LEVEL FLOOR PLAN A1.04 ROOF PLAN A2.01 EXTERIOR ELEVATIONS SQUARE FOOTAGE FRONT PORCH 1 545 SF P '/,!'( w P 0O P V 0 0 o 4F`. -.gh e.e'r rd•n Md F -., rai -.n d -::�.n CZ ^` L W � U �> a) (D 0 S L) N p M CO LL 0:� s a) 1_0 to (n 0 s 3 F Ln O OD N COVER SHEET cc>rm�er SAE rAr: 07- 242018 A0.00 C'�FCr r:Ut.LFV. 00000 ROOF PLAN 01- m Ad 66 _ O LL -- am r " 3 d I � N o �n � P Z O ~ V o 0 0 All.: �.,:d c� -= <a,:.�d �� r,�. d.�. -.'>• Gc 2d12 UC Z W a) N O S �N O c) w cn Ln s a) Lr) N N OO �- Ln !f 6�..1 p CO I CN rok a,s "VIO 0 ... I ROOF PLAN �fflmm"m FRONT ELEVA 114° =1' -0° , I � i 'T ELEVATION 1 -0° ARCHTEGTURAL SHINGLES N;ONG TRUSSES DRIP EDGE 1.20N 1x8 FASCIA VENTEDS0FFTTT0 tnATCRExKSnNc 5'4x TRIM RIPPED TO FIT BLOCKING AS REDD. 8'x r SQUARE COLUM / MAI LEVEL �J 5'4x 6 PT DECKIt 2x PTGIRDERS & JOISTS AS REC i x 12 BAND BOAT E I.f f '`1 i -6 S JO f,, 8" x 8" SQUARE GOLUN CONC. PIER C CONC. PADAS RED SECTION AT PORCH yr = V-x h Z K N ! d N >. N J P 0 z A, v -d len-._ :e!lrrcd _14I�k,=rl ^. -ll�J l�orz.TO SZ L W U A C m O s _ V) V) O m Uf cn Ln s a) Ln c N N 0 s � Lr) O 00 CN EXTERIOR ELEVATIONS sAE °x'! 2420,6 A2.01 �D� Si Vw-V'(A-oOoc'Nr cooiA�Cx.Yl��Vll u Top 981. 1 �i 982.0 Centerline- -r Woodside e 9��0 9 ?p3 .,• .ai •x •1+ 9 .9 974.3 to N 8718'.37" jW" ,3p t�qP 140.27 (mews.) j 9 140.5 (plat) � � t 976.7 g75.9 -- •- --...� ,I � 'oa d x`96,, 4d to �e .f a ��oPte b91 a � 9 "� • �• <.j!i 2� tbo4t t3a tlo4te a tO �a410 oPt Q • !� •i ; ,'�• ;.fir, ::' i � , ,e o41e ,• 0 I%Z Cb X24,8 v g�a1 Ling = 979.7 .Concrete Driveway';. %Cl t �a ''.. Porch J, _ ,fir tro4e P,e over _ :;-�• ;;f,�:. .:. .::r Oj jb� /es� Cove ed Pore rtre =979.9 TOF 979.8 GFE= 979.1. 980.0 I 61- -Conc. Pad j CIO N g�k�a 979. b x Conc: RW g Patio' X RW- <' a titaPte tdaPte X x x ti 9 x 984. N 87.22-4j" W a✓ 161.60 (meos.) A 162..3 (plat) 049 NO t2 1O �,oPta '4 ?E�• ��`� r tAoPtBrj � g,� 38.4 --- --- Concrete Driveway f - -RW 1- 0 ° *- N � 6.0 �t 9--"9,> }1�� Ret. Wall Steps 31 Concrete Patio 308 i 9�2�. Well VV 1 010 to X g�39 1 -- Portion of Deck 000p, ! 9�g'15 replaced) , 4O oPteS IQU o t1` 9��2 �,oPtg Tx I � �t- N I I -- 24.1 -- 0010 3O h° O °K Z Permit Prepared for: Doug Thesingh Legend Found Iron Monument x 000.0 Existing Elevation 0 Tree Hardcover fso. ft. ): House 2,777 Proposed Porch 521 Concrete Driveway 1,547 Concrete Pad 11 Gazebo 223 Ret. Wall Steps 31 Concrete Patio 308 5,418 Lot Area 20,920 Percent Hardcover 25.92 (Not included In calculations above ore retaining walls and deck) Descri t,rtiion (supplied by clien t Tract B, Registered Land Survey No. 0122, Hennepin County, Minnesota. Frp pert „v Address• 28015 Woodside Road Shorewood, MN 55331 P1D No.' 31- 117 -23 -13 -0003 SCALE 984.6 20 0 10 20 40 0 N a Z 0 `M1J I N � o th N N b s 3 Q) tZ a b y j v CO 4v U •i fi �� o ti• U�v .�vwr S . �.' v o v b f3a .c�a3 `Y W I O 1N: of � Z I O � q) cs ri- Z 0 pal �.l �i ,L t -A m C° "''30 U° o t°jr� q U N Zj th a CITY OF SHOREWOOD RESOLUTION NO. 18- A RESOLUTION APPROVING A VARIANCE TO SIDE SETBACKS AND IMPERVIOUS SURFACE COVERAGE ON PROPERTY LOCATED AT 28015 WOODSIDE ROAD WHEREAS , Doug and Amie Thesingh (Applicant), have submitted a variance application for property located at 28015 Woodside Road, legally described as: Tract B, Registered Land Survey No. 0122, Hennepin County, Minnesota WHEREAS , the City of Shorewood City Code Section 1201.10 Subd. 5 requires buildings and structures to be set back at least 50 feet from the rear property line and side property line abutting a public street and 25 percent maximum impervious surface coverage; and WHEREAS , the Applicant has applied for a variance to add a covered porch that would be set back 49 feet from the north property line and 32 feet from the east property line and impervious surface coverage of 25.9 percent; and WHEREAS , the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the November 20, 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 November 20, 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 December 10, 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 the R-1A/S zoning district 2.The existing home on the property is constructed at 38.4 feet to east property line where 50-feet is required and 25.7 percent impervious surface coverage. 3.The Applicant purchased the home in its current location. CONCLUSIONS A. The Applicant has satisfied the criteria for the grant of a variance under the Shorewood City Code and has established practical difficulties as defined by Minnesota Statutes. B. Based upon the foregoing, the City Council hereby grants to the Applicant a variance to construct a covered porch at 49 feet from the north property line and 32 feet from the east property line where 50 feet is required and 25.9 percent impervious surface coverage as shown on the plans submitted September 24, 2018, subject to the condition that no construction activity may occur until the property owners acquire all required permits. C. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of December, 2018. ____________________________________ SCOTT ZERBY, MAYOR ATTEST: _____________________________________ SANDIE THONE, CITY CLERK 2 #8C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Variances to pool setbacks for Sally and Tim Butler at 6035 Spruce Hill Court Meeting Date: December 10, 2018 Prepared by: Marie Darling, Planning Director Reviewed by: Patti Helgesen, Assistant Planner Review Deadline: January 27, 2019 Attachments: Planning Staff Memorandum Resolution Policy Consideration: Should the City grant a variances to allow a pool in a rear yard? Background: See attached memorandum for detailed background on this item. At the November 20, 2018 meeting, the Planning Commission voted unanimously to recommend denial of the request. The applicant was present at the meeting. Specifically, the Planning Commission found that although a pool is a reasonable use of residential property, the request is not unique to this property, the property owner has other options to put the pool into the side yard (although that would require capping and installation of a new well), and that the request is not the minimum action necessary to alleviate the difficulty. The Planning Commission discussed the impact of the reduced setback on the lot to the north (after the home would be constructed). During the meeting, staff provided a copy of the grading plan, (upper right) which indicates undisturbed trees on an existing berm. Ultimately, the Planning Commission decided that the request for the variances did not meet the criteria and that not all lots are suitable for a pool. After the meeting, staff looked at the recorded plat (lower right) for the Minnetonka Country Club and found that the drainage and utility easement across the south end of the property is 70 feet. The trees that currently exist in the area are not protected by conservation easements, but are less likely to be disturbed in the future except for drainage problems. Financial or Budget Considerations: The application fees cover the cost of processing the request. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\Planning\Planning Files\Applications\2018 Cases\Butler VAR Spruce Hill Ct\CAF 181210.docx Options: Approve, deny or modify the resolution. If the Council determine that the variance criteria are met, staff recommend that the conditions included in the Planning Commission staff report should be included as conditions of approval. They include the following:  Prior to issuance of any permits, the applicant should submit the final rain garden design indicating the applicants proposal to capture the run-off from the increase in impervious surface coverage (shown as 2,264 square feet); provide volume calculations; and ensure that the depth of the rain gardens does not exceed 1.2 feet for Type B soils, 0.8 feet for Type C soils, or .25 feet for Type D soils.  At the footings inspections, the applicants shall expose their lots corner monuments, stake and string the property line for verification that the construction would be consistent with any approved variance.  The applicant could reduce the patio on the north, east and west sides of the pool to the minimum size apron allowed by code (36 inches) to reduce the variance request. Recommendation / Action Requested: Staff and the Planning Commission unanimously recommended denial of the request based on the findings that the criteria for a variance were not met. Proposed motion: Move to adopt the attached resolution denying variances for Sally and Tim Butler for property located at 6035 Spruce Hill Court, based on the findings in the attached resolution and as recommended by the Planning Commission. The resolution requires a simple majority to adopt. Point 1 To Whom it May Concern, The variance we are requesting is in regards to the setback policy for the rear yard to the install an in ground pool. It has been a dream of ours to live in this community. I (Sally) was raised here as a child and my grandparents all lived on Lake Minnetonka. We moved to Shorewood in April of 2017. In the year and a half we have lived here we have fallen in love with the community, it has truly been a dream come true. Part of choosing the home we did was with the hope of creating our "forever home” to raise our four children. To us, that means having the space to live and an environment that provides entertainment and memories for us and our children. The first time we walked through this home we stood on the deck and thought what a beautiful space this would be for a pool, and we dreamed of creating our own oasis right in our back yard. When we purchased the home, we did not realize that a variance would be required to put in a pool. We understand that all ordinances are put in place for a reason, and we appreciate the intention of the city's policies and codes to help maintain the charm of this community. It is that very charm that is one of the reasons we have always wanted to live here. And our intention is not to detract from that charm, and we don't believe that putting a pool in our backyard would do so. If you view our property on Google maps, you will see that our home is surrounded in trees (my very favorite part of the property)! Our someday neighbors on the old Minnetonka Golf Course, will have no sight lines (as is now) to our property as there is a large area of mature trees dividing us. Our neighbors to the right and left also enjoy the same tree cover and any installation in our backyard would be practically unseen to them. It may be worth mentioning, we have their total support! And that brings me back to the initial point. We are asking for this variance so that we can create a great space for hosting neighborhood events, and provide a home that our kids friend's want to go to, and so that my family can build 20+ years of memories. For us, a pool would greatly fulfill that vision. As it stands right now, we are unable to put a pool in due to the set back policy. We ask that you examine our specific lot and consider allowing us an exception due to our particular lot and family wishes. We look forward to being lifelong members of this beautiful Shorewood community and it is our sincere belief that being able to put a pool in the backyard would actually enhance our experience in the community, and likely that of our neighbors as well. I am sure that it is not needed but we did go ahead and look at local set back policies and here are some of our findings below. The point of providing this information is not that we think Shorewood should consider changing it's policies, only that based on a comparison to other local cities' set back policies, we don't believe our request is outrageous or egregious. Thank you for your consideration. Chanhassen - Rear Yard= 10 Feet https::'!,,k v�,, ci.�li iii � sseiii sail.ri,,iDocu€ lient� etiter,'Vi �,X118(T6/R si(leiits. -(( Liide -to, _Acre>s€�i�StrLicttit- s ?buld Victoria - Rear Yard = 5 Feet t1 s.l! Mound - Rear Yard = 15 Feet f :/ /v_wws.c ifv�fi to €n .€ c��,t , ret�l'cal site, /4't,'7B E4C OC -5A79-4517-A""24- C&3 8 i f `:3 { °a'1 tools ..Hot Iu�bsxdf Wayzata - Rear Yard = 10 Feet lq >s• ;ky1�)Lw zat •� / a �� e t e� te�l�li�w, lr" air €tit -['coP Infa t�taii«t� F'[:) Tonka Bay - Rear Yard = 8 Feet ltttps:/'w,k 11 v.cijycj snl aFa .t�,'verticaElSites /f' %7B41 OBi 943 C✓4EE - 132 -gO 2- 7FQ9E61 OBC 0, 7Q /Upj_Q�1dss/5_W1 lMING POOLS HANDOUT 9.16 c t Deephaven - (If I understand correctly for a lot similar to our lot size) Rear Yard = 15 Feet I s:?1�v v .city_�sfc ec l t c� .c r � estic €,'site,s,° 7 3f i F41> 29-1~EA2.4'7'7B.-97C1- 91113C79 5501'4 °i�'7fD %u ic)a( s /,Setl)ack rorM p It Point 2 - A - We believe the our intended use of the property is very reasonable, and the only nonconformity of our proposed use is a variance on the rear setback distance. Approving the variance would not have any negative impact on neighbors or a significant impact to the amount of publicly visible green space on the property. B - We did not build the house, thus the circumstances were not created by us. Due to the location of the house being set deep on the lot, the deck and the location of the well, the proposed location of the pool is the only location that will work. C - The variance if approved would not negatively alter the essential character of the locality. Actually we believe if approved the variance would enhance the character of the property and due to the proposed location of the pool would do so while minimizing visibility of the structure from the street and to the neighboring homes. Point 3 — This is not based on economic considerations. Point 4 — This variance approval will not have any impact on sunlight to other properties, congestion on public streets, or increase the danger of fire or public safety. Point 5 — This variance approval and resulting construction will not have any impact on the public welfare or other lands in the neighborhood. Point 6 — This variance is the minimum necessary to alleviate the practical difficulties for the proposed pool /construction project in the proposed location on the property. I,0 P� Py' 06 � 0 � °TI� 0$Z. r '- -._. 05g ^46.8 ^ - ��.�q.� -�C-E• 0 0O \ $t ' � 1 �d. _ I WIT" v \ O•. i- pm� 46.2 -0111 LF =986.4 _ g6 % I ®f�RTE �mcl�c9r�S N' / \ P EXISTING HOUSE �' I ggoo \ FFE98. 14.3 II 2 g8- 71.0 o GF20.3 9X 70 ( 4.0 'CEP a Py�6 O I O N O 120 g O EXISTING ,\� \ kx HOUSE 990 I co \ \ g92• I . �6.\ \ 1p. O I O \�0 \ O I \ ` I BENCHMARK cPS9' \ \ I LQ !�u►1 g�0'i� ELEV = 993.6 �a9.- �gg21 II 1.,LH1i EXISD HOVER I (s.0 -3ic� HOUSE — 31590 50 SF DRIVE = 1740 SF FPATIOSTP = 450 SF \ 9gk Tom_ TOTAL = 5930 SF / 14.8% E ravv►a "so 14^111 ` e0> A \\ llp I \ I ,OA' q) -h%f-k -tb Fwm 0 20 . Pew klpr� q-�t- tra�.ttTOa�e�w -tom .hcc..tj oIr- = DIRECTION SURFACE DRAINAGE COH 'ftv -Lgft , T'"eF OHL X00 yh1nL �cah t� 1210It¢ GFE = GARAGE FLOOR ELEVATION -4A• 4 c-�r+tyj�nt = TOP OF FOUNDATION ELEVATION LFE N 9052'30" W 203.82 9�p Xt \ It \nl Q I Oa r ti�� S \i.�T 0 NS a 1 p �OC1S t I,0 P� Py' 06 � 0 � °TI� 0$Z. r '- -._. 05g ^46.8 ^ - ��.�q.� -�C-E• 0 0O \ $t ' � 1 �d. _ I WIT" v \ O•. i- pm� 46.2 -0111 LF =986.4 _ g6 % I ®f�RTE �mcl�c9r�S N' / \ P EXISTING HOUSE �' I ggoo \ FFE98. 14.3 II 2 g8- 71.0 o GF20.3 9X 70 ( 4.0 'CEP a Py�6 O I O N O 120 g O EXISTING ,\� \ kx HOUSE 990 I co \ \ g92• I . �6.\ \ 1p. O I O \�0 \ O I \ ` I BENCHMARK cPS9' \ \ I LQ !�u►1 g�0'i� ELEV = 993.6 �a9.- �gg21 II 1.,LH1i EXISD HOVER I (s.0 -3ic� HOUSE — 31590 50 SF DRIVE = 1740 SF FPATIOSTP = 450 SF \ 9gk Tom_ TOTAL = 5930 SF / 14.8% E ravv►a "so 14^111 ` e0> A \\ llp I \ I SCALE IN FEET ,OA' = EXISTING SPOT ELEVATION. 0 20 . 40 60 SCALE IN FEET ,OA' = EXISTING SPOT ELEVATION. X(998.0) = PROPOSED SPOT ELEVATION ...... = DIRECTION SURFACE DRAINAGE COH = CANTILEVERED OVERHANG OHL = OVERHEAD UTILITY LINE GFE = GARAGE FLOOR ELEVATION TFE = TOP OF FOUNDATION ELEVATION LFE = LOWEST FLOOR ELEVATION LEGAL DESCRIPTION: LOT 6, BLOCK 1, SPRUCE HILL, HENNEPIN CO., MN. ADDRESS. 6035 SPRUCE HILL COURT SHOREWOOD, MN PID# 33- 117 -23 -34 -0025 LOT AREA = 40065 SF/ 0.92 AC SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION 00 RECEIVED SEP 2 8 2018 CITY OF SHOREWOOD CITY OF SHOREWOOD RESOLUTION NO. 18- RESOLUTION DENYING A VARIANCE FOR POOL SETBACKS FOR PROPERTY LOCATED AT 6035 SPRUCE HILL COURT WHEREAS , Sally and Tim Butler, (the “Applicant”) requested a variance for pool setbacks on property located at 6035 Spruce Hill Court, legally described as: Lot 6, Block 1, Spruce Hill, Hennepin County, Minnesota WHEREAS , the Applicant has applied for a variance to allow a patio to be 14 feet and a pool to be 20 feet to the rear property line; and WHEREAS , the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the November 20, 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 November 20, 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 December 10, 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 that the City Council of the City of Shorewood finds as follows: FINDINGS OF FACT 1. The subject property is located in the R-1A zoning district. 2. Residential patios and pools in the R-1A zoning district are required to be set back 50 feet and 30 feet from the rear property line respectively. 3. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations. 4. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 5. The applicant’s proposal is identified on the application materials and plans submitted on September 28, 2018. CONCLUSIONS A.Based upon the foregoing, and the records referenced herein, the City Council hereby denies the Applicant's request to install a pool at 20 feet and a patio at 14 feet from the rear property line. B.The Applicant’s request for the variances does not meet the criteria for practical difficulties as the property owners already have a reasonable use of the property without the variance, have another option for a pool, and the request is not the minimum action necessary to alleviate the practical difficulty. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10 day of December, 2018. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk -2- #10A MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: Adoption of the 2019 General Fund Budget and Property Tax Levy Collectible in 2019 Meeting Date: December 10, 2018 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachment: Resolution 2019 General Fund Summary Budget Policy Consideration: Adoption of this resolution will allow staff to certify the General Fund budget and property tax levy to Hennepin County as required by Minnesota statutes. Background: On September 10, 2018, the City of Shorewood adopted the proposed 2019 General Fund budget. In addition, the city adopted the “2019 Proposed Levy Certification” for submission to the Hennepin County Auditor. On December 3, 2018, a truth in taxation meeting was held at which the public was invited to discuss the budget and property tax levy. Overall proposed 2019 General Fund expenditures and transfers out are budgeted at $6,319,948, or a 1.4% increase from the 2018 General Fund budget. Included is an increase to operating expenditures of $63,906, or 1.3%. Total transfers out are budgeted to increase by $22,410, or 1.9%. This includes a $5,000 increase for capital equipment, and a $25,000 increase for streets. General Fund 2019 revenues and transfers in are budgeted at $6,273,532, or a 3.5% increase over the 2018 budget. Of the $213,997 increase in revenues and transfers in, $161,077 is proposed to be generated from the property tax levy. To balance the 2019 General Fund budget, a “use of reserves” of $46,416 is proposed. This compares to a budgeted use of General Fund reserves of $174,097 within the 2018 budget. The City’s 2019 preliminary property tax levy of $5,530,322 is 3.0% higher than the 2018 total levy of $5,369,245. The City is proposing to decrease the payable 2019 City tax rate by 0.3% from 28.635% in 2018 to 28.537% in 2019. In other words, property owners with no change in market values from payable 2018 to payable 2019 should experience a 0.3% decrease in the City portion of their overall property tax bill. In the event of a market value decrease or increase from payable 2018 to payable 2019, City property taxes would change proportionately. Financial or Budget Considerations: The adoption of this resolution records the City Council’s spending priorities for 2019 and the amount of property taxes to be raised. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Options: The City Council may choose to: 1.Approve the resolution adopting the 2019 General Fund operating budget and approving the property tax levy collectible in 2019. 2.Make revisions to the 2019 property tax levy and/or 2019 General Fund operating budget. Recommendation / Action Requested: Staff recommends that the City Council adopt the resolution as submitted. Next Steps and Timelines: The final tax levy will be applied by Hennepin County to create property tax statements that will be mailed in April, 2019, for collection on May 15 and October 15, 2019. Connection to Vision / Mission: This process contributes to sound financial management by providing financial resources to pay for desired city services. CITY OF SHOREWOOD RESOLUTION NO. 18- A RESOLUTION ADOPTING THE 2019 GENERAL FUND OPERATING BUDGET AND APPROVING THE PROPERTY TAX LEVY COLLECTIBLE IN 2019 WHEREAS , the 2019 Budget and property tax levies collectible in 2019 for the City of Shorewood have been prepared and reviewed by the City Council; and, WHEREAS , the budget has been modified by the City Council to meet service delivery goals; and, WHEREAS , the City Council held a Truth-in-Taxation public meeting on December 3, 2018, to receive public comment regarding the adoption of such budgets and property tax levies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS : 1.That a budget of $6,319,948 is adopted to pay for 2019 General Fund operations. 2.That the sum of $5,530,322 is levied for 2018, collectible in 2019, upon taxable property in the City of Shorewood. 3.That the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10 day of December, 2018. ATTEST:Scott Zerby, Mayor ____________________________________________ Sandie Thone, City Clerk #10B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Adopting the 2019-2028 Capital Improvement Plan and 2019 Budgets For the Shorewood Community & Event Center, Capital Project Funds, and Enterprise Funds Meeting Date: December 10, 2018 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Capital Improvement Plan 2019-2028 Capital Project Funds 2019 Budgets Shorewood Community & Event Center 2019 Budget Enterprise Funds 2019 Budgets Please find attached for your approval the recommended 2019-2028 Capital Improvement Plan, and 2019 budgets for the capital project funds, Shorewood Community & Event Center, and enterprise funds. Background: Capital Improvement Plan 2019-2028: The CIP provides an estimation of the timing and cost of future projects. Future fund balance surplus (deficit) projections for the City’s various capital project funds are included to assist in financial planning. The 2019 amounts in the capital project fund projections are considered to be the 2019 budgets. Shorewood Community & Event Center Budget: The Shorewood Community & Event Center is funded by facility rentals and annual transfers from the General Fund. For 2019, a transfer of $70,000 is scheduled to assist with operations, and a $32,300 transfer is projected to assist with building improvements. Enterprise Fund Budgets: The City maintains and budgets four enterprise funds: Water, Sewer, Storm Water, and Recycling. These funds are supported by user charges/utility fees. The budget format is one in which the enterprise full accrual accounting method is utilized. For example, depreciation expense is listed as a line item, while capital outlays are not. This format tracks the City’s annual financial reporting process to maintain comparability. An approximation of each utility enterprise fund’s change in overall cash is included (Water, Sewer, and Storm Water). Financial or Budget Considerations: The adoption of these budgets does not limit the City Council’s ability to modify spending priorities or authorizations throughout the year. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Options: The City Council may choose to: 1.Approve the resolution adopting the 2019-2028 Capital Improvement Plan and 2019 budgets for the Shorewood Community & Event Center, Capital Project funds, and Enterprise funds as presented; 2.Make additional changes and adopt the amended Capital Improvement Plan and budgets. Recommendation / Action Requested: Staff recommends that the City Council adopt the Capital Improvement Plan and budgets resolution as submitted by staff. Next Steps: It is recommended that the City Council periodically review the Capital Improvement Plan and long- range financial plan funding projections. CITY OF SHOREWOOD RESOLUTION NO. 18-_____ ADOPTING THE 2019-2028 CAPITAL IMPROVEMENT PLAN, 2019 SHOREWOOD COMMUNITY & EVENT CENTER BUDGET, 2019 CAPITAL PROJECT FUND BUDGETS, AND 2019 ENTERPRISE FUND BUDGETS WHEREAS , City staff have presented the preliminary Capital Improvement Plan (CIP) and 2019 budgets at meetings through December, 2018; and WHEREAS , the City Council has reviewed the CIP and budgets and made modifications to each that reflect desired community service levels; and WHEREAS , these budgets represent a reasonable estimate of what needs to be spent to provide the desired service level; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS : 1.The 2019-2028 Capital Improvement Plan is hereby adopted as presented. 2.The Shorewood Community & Event Center, Park Improvement, Equipment Replacement, Street Reconstruction, MSA, Trail Construction, and Community Infrastructure budgets are hereby adopted as presented. 3.The Water, Sewer, Storm Water, and Recycling budgets are hereby adopted as presented. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of December, 2018. ATTESTScott Zerby, Mayor : __________________________________ Sandie Thone, City Clerk